2002/08/06
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
AUGUST 6, 2002
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and
Shirley McCracken.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Assistant City Clerk
Cynthia Daniel-Garcia, Community Services Director Chris Jarvi.
A copy of the agenda for the meeting of the Anaheim City Council was posted on August 6,
2002 at the City Hall inside and outside bulletin boards.
Mayor Pro Tem Frank Feldhaus called the regular meeting to order at 3:40 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. Council Member Tait
entered the Chamber at 3:45 P.M. and Mayor Daly entered at 3:48 P.M.
WORKSHOP:
City Manager, David Morgan, introduced Community Services Director, Chris Jarvi, who
presented the Capital Project Review and Budget Update workshop. He said that gymnasiums
for east and west Anaheim areas should be included, as well as $5 million for additional park
projects. He presented a brief overview of recently completed projects and currently budgeted
projects and then he presented high priority un-funded projects that were underway but un-
funded and project opportunities for Council consideration.
Director Jarvi covered projects that had been completed or nearly completed as part of
Council's aggressive program to expand the amount of parks, open space and libraries. Walnut
Grove and George Washington Parks were recently completed, he explained, Delphi Ball Field
was the acquisition and minor development of two little league fields, Cottonwood Park was 1/3
of an acre created on a freeway remnant, Deer Canyon Park Reserve was 130-acre park and
construction was expected to be completed by the end of September and dedication in October,
the skate zone was a much needed facility in the downtown area and had a potential of being
moved in the future, Pioneer Park was an opportunity purchase and the development was not
funded and had the potential to be developed for sports field usage and playground
improvements at Hansen, Maxwell and Pearson Parks were much needed since there were
new regulations on playgrounds.
Director Jarvi noted that budgeted and funded projects underway included the Anaheim Hills
Clubhouse, which was due to advertise next week with an award in October and completion in
January 2004. He said that Brookhurst Skateboard Park was under construction and was due
to be completed in September 2002. Community Services was looking for alternate locations
for the east Anaheim skate board park and the park was being studied as part of a larger project
at the east Anaheim community center site to include a library and gym, he said, and would
return to Council with further information. The west Anaheim Youth Center, Phase I, he said,
had to be built on Beach Boulevard along with the police station and the architect
recommendations would be forwarded to Council on August 27,2002 and current plans
included meeting rooms, study rooms, offices, a restroom and a police substation. The current
budget did not include funding for the gym and a $3 million Murry-Haden grant under
Proposition 12, which was the state bond act, and if the grant was received, the project was full-
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ANAHEIM CITY COUNCIL MEETING MINUTES
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funded, he stated. The Brookhurst Community Center Expansion Phase I improvements
included ADA improvements for the restrooms, new lobby offices, other rooms and the architect
was Dougherty and Dougherty, he noted, and Phase II, which was un-funded, included a game
room and multi-use classroom. Ross Park Phase I was a development of six acres and was
due to be completed in November 2002 and Ross Park Acquisition Phase II included the Galaxy
and Home Oil sites was also funded and the acquisition was held up and was problematic due
to a soil toxicity problem and would take time to get to a resolution. The development of Phase
II was partially funded in the amount of $579,000 and was master planned to be a ball field and
could possibly be a skate board park, he said. Maxwell Park Expansion was a six-acre right of
way in the Edison right of way adjacent to the Park and was fully funded with a State Park bond
grant of over $1 million and the architect had been selected and hired and it was being designed
in conjunction with the Haskett Library expansion. He said that Community Services was
working on consolidating City ownership of the parcels between Anaheim and Harbor
Boulevards and the City owned a majority of the property and was looking for parcels there in
connection with the La Palma Park Phase I acquisition and the $3 million grant through
Proposition 12 to expand La Palma with three lighted, multipurpose ball fields. Magnolia High
School Ball Field Enhancement was being funded to refurbish and light two multipurpose
softball fields, he said, and staff was looking into better uses of the site by possibly reconfiguring
all the existing fields on Magnolia High School site and reconfiguring the existing fields by
possible purchase of the strip mall on Ball Road. He spoke about other budgeted, funded and
underway projects such as the Central Library Retrofit project, the East Anaheim Library
planning and design, the Downtown Library and the Energy playfield. With regard to the
downtown library, staff was working with Community Development on the scope and location of
the facility and funding was available at $16.6 million for development. The Energy playfield
was budgeted through the Utilities Department and used public benefit funds and was located
south of Hermosa Village and west of Ninth Street in the Edison right of way and the cost and
project schedule had not been developed and were being reviewed by the Southern California
Edison Company, he added.
Community Services Director Jarvi said that the Council directed priorities were projects that
were currently under way and needed funding such as the East Anaheim Community Center,
which was identified as a probable location for a library site and possibly a gym and skateboard
park. The west Anaheim project was funded to be built without a gym and the project architect
recommendation was due to come before Council on August 27, 2002 and Council had
approved an application for the $3 million grant for state park funds and if the grant was not
approved, he said, the Council would need to discuss possibly using other funding sources or
going back for a Proposition 40 grant. He noted that the Anaheim Union High School District
was planning on building second gyms at some of the high school sites such as Loara, Anaheim
and Katella High Schools and the nearest site to be expanded was Loara High School and the
second gym would be developed by May 2005. The trail bridge connection from Schweitzer
Park to west Anaheim youth center was to make sure that the boys and girls club could access
the gym to be developed on Beach Boulevard, he noted, and current project funding was not
included and was under design as part of the west Anaheim youth center project. Director Jarvi
said that staff had applied for a Proposition 12 grant for $3 million for the La Palma Park Sports
Complex and the total project cost was $5.8 million and even if the grant was received there
would still be a short fall of $2.8 million and if the grant was not received, Community Services
would need the full $5.8 million to complete the project. He noted that Anaheim Junior High
School District indicated that they were interested in placing a junior high school on or near the
La Palma Park Sports site and there was not yet a definite proposal. Pioneer Park Ball Field
Development was where there was the opportunity purchase land and it could be developed to
meet the current need for youth ball fields, as indicated, he said, and public meetings would be
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ANAHEIM CITY COUNCIL MEETING MINUTES
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held on the site and the estimated construction cost was $1.2 million and included the new
lighted ball field, parking lot improvements and an upgraded restroom to meet ADA
requirements. Brookhurst Community Center Phase I had been funded and the $430,000 of
additions would be for a game room, storage room and classrooms, he said. The Haskett
Library Replacement initial planning to develop and design a replacement facility for Haskett
and the new facility was 24,000 square feet at a cost of $8.7 million and Community Services
was currently funded with bankruptcy funds for approximately $3.6 million and the rest were for
a library bond act grant for the development of the facility, he said, and if the grant was not
received, the project would be problematic.
Director Jarvi spoke about project opportunities and said that they were offered for Council
consideration and may need additional study to determine exact cost and scope. In addition to
the $5.8 million for the La Palma Park Sports Complex, in the center of the area between
Anaheim Boulevard and Harbor Boulevard, Community Services was looking to expand to the
east immediately along Anaheim Boulevard, which would be Phase II and would be acquisition
and development for needed parking for ball fields and the stadium to complete the master plan.
Phase III, he noted, would be acquisition and development along Harbor Boulevard to provide
space for an additional soccer field and Phase IV was reconstruction of the existing football
bleachers, including locker rooms and restrooms, to scale them down and make them
seismically safe. With regard to the Sycamore Park Expansion, he said that the voters agreed
that the old police station site could be made a part of the park site and looking into it further,
Community Services believed that Dream Street could be vacated and the City could get all of
that as parkland and require the demolition of Dream Street and the incorporation of the total
area into the park, landscape of the police station site and reconfiguration of the front of the park
and public meetings were being held on the site to determine possible options for development
and there were no estimated costs for development.
Director Jarvi informed that there were two potential locations for Cultural Arts incubator
development and one was the Citrus Packing Plant and the other was the old Central Library
once the new Central Library was developed. He said that the costs had not been estimated.
The Central Anaheim Championship Skate Park had no site selected and some of the possible
alternatives included La Palma Park or Ross Park, he said, and Ross Park would be a good
alternative, but the soil there was contaminated and needed to be capped with some type of
asphalt or cement structure to remediate the soil contamination and the cost estimate was
unknown. The Orange Grove site in the down town area was the only remnant orange grove in
central Anaheim and the historic community would like to see it preserved, he said, and the cost
for acquisition was about $2 million and development costs were unknown. Lincoln Elementary
School site was contemplating expansion and Community Development Department was
cleaning up Lincoln Avenue on the south side and may work with the School District to become
partners in reconfiguring parcels. Lincoln Park could be moved out onto Lincoln Avenue as a
result of that process, he said, and would have more visibility and be in a better location. There
may not be cost implications to Lincoln Park and if Council wanted a nicer looking park, he said
he would need to add to the budget to make it work and it was an opportunity to bring more
visibility to open space along Lincoln Avenue. At Magnolia Field, Community Services was
funded for two lighted softball fields and had been looking at the feasibility and cost of
expanding and reconfiguring the ball fields and the two alternatives included one with no
acquisition and the second one was with acquisition of the strip mall and rough cost estimates
indicated that the reconfiguration of the entire complex would be $2.3 million and acquisition
and reconfiguration was $4.9 million and he was not sure it was worth buying to reconfigure the
fields and the analysis needed to be completed. The Imperial Ball Field Development was a site
of 23-acres at Imperial Highway and State Route 91 and staff had been in discussions with
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ANAHEIM CITY COUNCIL MEETING MINUTES
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CalTrans about the potential for using the site for sports fields and he said that there could be a
minimum of two lighted fields on the site. If the City were to acquire the property, there would
be little or no acquisition costs and the development costs were unknown. South of Hermosa
Village on the Edison right of way, he said, there was roughly five-acres used for a nursery and
the energy playfield would be developed across the street from the site. Fairmont Park was
17.5 acres and only five acres were developable with extensive grading on the site, he
informed, and there was no particular use identified due to the varied topography and
accessibility would be limited.
He said that the next project opportunity was Hillside #1, Nohl Ranch Road, east of Canyon Hills
Library, which was 6.5 acres and could only be developed for passive landscape enhancement
since there was no access to it. He spoke about the Edison rights of way and said that staff
was negotiating with Edison for the use of the areas for parks, trails and special use facilities,
such as dog parks, as part of the franchise negotiations. Staff had done a preliminary analysis
of all of the potential uses that could go in there and he said that he was depending upon the
adjacent uses, different sites had different development potential and there was no cost
identified at this time. The Anaheim Hills Shopping Center site had been identified by Council
as a potential sports field complex site and the cost would be high but would be a great location
from the standpoint of the community and no preliminary analysis had been done on the site.
Boysen Park expansion consisted of two residential lots west of Roosevelt School and north of
the City's tree yard, he said, and the value was enhanced by the combination of the tree yard
site with the residential site and if placed together, there would be a park that wrapped all the
way around the school. He noted that Anaheim Elementary School District had been expanding
Paul Revere School and said that they would work with the City on the acquisition of the
apartments to create more open space in a very park-deficient area. He said that the County of
Orange had expressed willingness to help develop the Yorba Regional Park ball fields and their
bond act monies could be used for this. Staff had proposed to develop ball field lights if they
would put in the rest of the development and Community Services was looking to possibly fund
at least the City's portion with park development fees received from Maag Ranch. The last
project opportunity was the restroom enhancement and replacement, he noted, and only six out
of 32 restrooms met the ADA requirements for accessibility and 20 needed major renovation or
replacement.
Council Member Kring asked about the hours of the skate zone in the down town area and
Director Jarvi said it was 10:00 A.M. until dusk everyday.
Council Member Kring said she had suggested that Anaheim Hills Festival Shopping Center be
considered for a library and Director Jarvi stated that all the potential sites had been looked into
there and the Bibs Restaurant was in negotiation for purchase and may not be available to the
City. There were no other sites large enough in the Festival to move into, he said, although in
the study of the East Anaheim Community Center site, Community Services was looking into an
option that included an off-site location of the library. He noted that in the initial study of the
East Anaheim Community Center, the library would be able to fit in, as well as the gym, and
meet the police needs with the parking that was there.
Council Member Kring asked that there be a concerted effort to have dog parks almost
immediately. Director Jarvi stated that staff had developed a memo for Council with
recommendations on that and if Council direction came out of that, staff would move
accordingly.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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Council Member Tait asked how many of the high schools were building gyms and Director
Jarvi said that there were three that were starting in the near future and those were Katella,
Anaheim and Loara High Schools. He said that there were children out of school during the day
because of the year round school that could be serviced by the gym out there that high school
gyms could not be used for. The gyms had come about as a result of the bond act passing.
Mayor Daly said that there was a need for gymnasiums in Anaheim hills since there were not
any school planned gymnasiums there. He asked for information regarding the school districts'
planning and time table for their additional gymnasiums at Katella, Anaheim and Loara,
especially if it would be effecting the program. Regardless of the age group, there would be
access to the gym, he said, and in west Anaheim, high school gyms may not serve elementary
age children.
Council Member McCracken said that restrooms were a priority at Pearson Park Amphitheater
and she noted that there was a parking agreement with Pacific Bell on the agenda.
Council Member Tait spoke about the Yorba Regional Park Expansion and using Maag Ranch
funds. He said he saw the park being used more by Yorba Linda people instead of the people
that lived in Anaheim hills and that was because of the traffic patterns and that it was just too
far. He said he would rather see that money be spent on the Imperial Highway/91 Freeway
area closer to Maag Ranch. Director Jarvi said that those were both options and that was why
he needed to hear Council comments on where the projects should be placed in terms of
priority.
Council Member Tait said that with regard to the Imperial Highway/91-Freeway, Orange County
Transit Authority and the Water District were also trying to obtain the property and he said that it
was hard to imagine that they would stand in the way of a park being built versus a parking lot.
Director Jarvi said that the Orange County Water District was more of a threat and had talked
about placing replenishment basins there, developed and landscaped, so it would still look good
and it would be mitigation for wildlife projects built in the County.
Council Member Tait said that the City needed to communicate the need for a park and he
asked to move forward with that.
Mayor Daly said that the City needed to be vigilant and make known the goals and desires and
he said he believed that there might be some trading opportunities. He said that there were
some optimal sites for Water District facilities and it may happen to be where the City was
thinking there needed to be a park and along the river, there might be some parcels that the
Water District did not want or need.
Director Jarvi said that he had been working closely with the Public Works Director and Cindy
Quan regarding the Water District.
Council Member Tait noted that the temporary skate board park at the Boys and Girls Club
would work great and Director Jarvi said that Community Services would be looking at that.
Council Member McCracken said that one of the reasons the City was expanding Yorba Park
was because there were teams that did not have a place to play and she asked for an update of
the number of leagues the City had with the number of teams that were using that particular
facility.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 6
Director Jarvi said that there were also adult uses and it was the mix of the whole thing and
maybe the adults could be moved there and then fewer adults placed at Peralta and then that
would provide more use of Peralta Park.
Council Member Tait said he believed that Yorba Park was not really used by the Anaheim hills
little leagues and soccer leagues and he said he thought it was used more by adults and Yorba
Linda folks. Director Jarvi said that Yorba Linda had one-third of the use of Yorba Park and
paid for one-third of the maintenance and there was a lot of adult usage.
Mayor Daly said that the concept was that Anaheim would partially fund capital improvement
and Anaheim would maintain Yorba Regional Park. Director Jarvi said that the County would
fund two-thirds of the entire project and the demand was so great that people would drive to get
there because it was the only place available. Uses of parks could be moved around and
balance what the City had, he added.
Mayor Daly said he believed that the County should fund the entire cost and it was their park
and the City was willing to maintain it.
Director Jarvi said that the County had to develop the park either way and that was part of their
obligation and the City had every right to demand that they complete that development and they
normally do not put in lighted fields.
Council Member Kring asked what support the City was receiving from Supervisor Todd Spitzer
on the park and Director Jarvi stated that staff had introduced the idea to him and Supervisor
Cynthia Code had been a big supporter of the funding and when the boundaries were moved,
the City lost the support.
Council Member Kring said that the Maag Ranch property money from the community was to be
earmarked for closer Imperial Highway, not to Yorba. Director Jarvi informed that the money
could be moved around to work.
Council Member Feldhaus noted that there were residents along Yorba Regional Park that
would be happy to use it and he asked how many ball fields were anticipated. Director Jarvi
said he believed that there were two lighted fields. Council Member Feldhaus asked if
Community Services could provide for Council an overall park project cost analysis of all the
different projects on the drawing board with and without anticipated possible grants. Director
Jarvi said that Community Services could identify cost on some of the projects and on others,
like the Edison right of way, they could not and until a specific project was decided to be placed
there, it would be difficult. Council Member Feldhaus noted that the City tried to do everything
in pieces throughout the entire City predicated upon the need and voice of the citizens and if the
City had the money, he asked how much the overall cost would be with and without anticipated
grants. He requested that the Anaheim Hills Clubhouse be left out of those figures.
City Manager Morgan said that staff would go through the list and wherever possible, would
provide Council with ballpark figures.
Mayor Daly asked for an estimate as to how the City would fare with the State grant process
since the west Anaheim gym, La Palma Park and the replacement library in west Anaheim were
seeking grant funding, Director Jarvi said that the La Palma Park project had a list of criteria
that was scored and it came out to be 95 out of 100 and he said that would be a very high
prospect. He said it depended upon how much the money was to be spread around the State.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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The Library Bond Act would be very competitive and he said he guessed that it was a 50/50
chance and there was not as much money. He said that Proposition 40 was behind it and if the
City did not score on the Library Bond Act, staff could turn around and turn the application in for
Proposition 40 funds for parks. He said that there had been a lot of community participation and
it was well justified and he said he felt that the City was very competitive.
Mayor Daly recommended that the City proceed by continuing to plan for the gymnasium in east
Anaheim, the west Anaheim gymnasium and backfill with City dollars behind that if the State
grant did not come in for the west Anaheim gym. He asked that the City set aside $2.8 million
for La Palma Park expansion, which would serve as the necessary local match if the City
received the state dollars, and that staff continue to seek additional direction on the remainder
of the additional funds that were set aside a couple of months ago. He said he believed that
when Council received the additional cost figures back, staff would be provided with more
direction. From the list of opportunities, he asked that staff suggest and develop a list of some
priorities, along with cost figures. He suggested sticking to the plan over the next few weeks for
the two new gyms, additional money for La Palma Park and then research on the other
opportunities.
Director Jarvi said he would and that the staff would hear more about the State Park grants in
November, even thought he had initially heard it would be September, since the State budget
problems had slowed it down.
Council Member Kring noted that the City had identified certain parks where pieces could be
taken out of it and assessed for dog-park use temporarily and she asked that staff move forward
with that. She said that at this time, there would be no cost involved to that and there would still
be a temporary gap for the people with the dogs.
Director Jarvi said that there were three parks identified and they were basically hardball fields
because they were already fenced. He said that they were not used except in the evenings by
the high schools on a rotating basis and there was already water there and they were fenced
and the parks were La Palma, Boysen and Brookhurst. He said that Riverdale Park had been
suggested since it was fenced on three sides and the dogs could run out on the back of that.
Community Services had suggested alternating the sites during the week and it was not like
they were open all of the time but were open one day a week. He said that the urine from the
dogs killed the grass and if there was too much of it, it could mess up the ball fields for high
school use and that would not be popular with the Anaheim School Districts.
Mayor Daly stated that he supported the search for good sites for dog parks, both temporary
and permanent and he asked that staff continue to identify good prospects and he asked how
much these would be. He said that he was reluctant to mix the dogs in the baseball diamond
and he asked that another site be found. Director Jarvi suggested that they try it and if it started
to be a problem, Community Services would pull the dog park out.
Council Member Kring said that the dog owners themselves would manage and maintain the
park and if someone was actually not cleaning up after the dog, they could throw that person
out. She said if the grass was burned out because of the dog urine, there could be a fund raiser,
like a dog wash, to re-grass the field.
City Manager Morgan suggested that based on the comments, the memo be updated with
recommendations and it would return to Council in one week.
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Mayor Daly noted that he had a reservation about using the premium baseball diamonds;
however, finding locations in the City, such as the Edison right of way, or certain sections of
certain parks in the City would be preferable.
Council Member McCracken noted that there were water table issues and that there was a urine
problem. The new issues brought about by the Water Quality Board were some of the things
that needed to be addressed when Council was isolating particular areas for animal use.
Mayor Daly said he thought the west side of Yorba Regional Park was being considered as a
potential dog park. Director Jarvi said he did not believe so since Community Services had
talked about that being a ball field.
Council Member McCracken said that the issue on the water quality would hit the City with the
requirements that were across the board and that she wanted to make sure that the City was
protected. Director Jarvi said Community Services would look into that as part of the memo.
Mayor Daly asked that this be revisited in the future.
ADDITIONS/DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken.
Motion carried. The Council recessed to Closed Session at 4:42 P.M.
AFTER RECESS:
Mayor Daly called the regular Council meeting of August 6,2002 to order at 5:30 P.M. and
welcomed those in attendance.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll
Schroeder, Public Utilities General Manager Marcie Edwards, Executive Director of Planning
and Community Development Joel Fick, Police Chief Roger Baker, Public Works Civil Engineer
Natalie Meeks, and Zoning Division Manager Greg Hastings.
INVOCATION: Pastor David Lavigner, Freedom Bible Church
FLAG SALUTE: Council Member Tait
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PROCLAMATIONS AND DECLARATIONS:
Presentations recognizing the student delegation from Mito, Japan and recognizing Tony Arnold
for his service on the Planning Commission.
Recognitions to be presented at a later date were a proclamation recognizing October 2002 as
Trick-or-Treat for UNICEF and a proclamation recognizing August 4 - 10,2002, as FamilyLife I
Still Do Week.
PUBLIC COMMENTS:
Diane Heinzman asked for ideas regarding homeless people and housing.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
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Mayor Daly said to Ms. Heinzman that it was his understanding that she was an applicant for
the rental assistance program operated by the Anaheim Housing Authority and he said that the
details regarding her application could not be discussed and he asked the City Manager to
review the correspondence submitted and report back to Council with the status. He noted that
there was much demand in the City and Orange County for assistance with the payment of
rents and that Anaheim had one of the larger programs in Southern California
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member Feldhaus. Motion carried unanimously.
ADDITIONSIDELETIONS TO THE AGENDA: None
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A33: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Council Member Tait abstained on Item A22
and Item A27 was continued to August 20,2002. Mayor Daly offered Resolutions Nos. 2002R-
180 through 2002R-185 and Ordinance Nos. 5815 through 5817 for adoption. Motion carried
unanimously.
A1.
Reject certain claims filed against the City.
A2.
Receive and file minutes of the Golf Advisory Commission meeting of May 23, 2002; and
minutes of the Public Utilities Board meeting of June 6, 2002.
A3.
Authorize the Purchasing Agent to issue change notices to increase the funding on
seventeen annual blanket purchase orders to meet the Public Utility Department's
increasing requirements for transformers, cable, connectors, wood utility poles, switches,
fuse mountings, insulators and capacitor banks.
123 A4.
Waive Council Policy No. 306, authorize the Purchasing Agent to issue a purchase order
and authorize the Public Utilities General Manager to execute the Purchase and
Software License Agreement with Itron, Inc., in the amount of $119,279 (excluding tax),
for an Itron MV-RS meter reading system.
A5.
Award the contract to the lowest responsible bidder, NATIV Engineering, Inc., in the
amount of $539,970.05, for the Lincoln Avenue Median Island Improvement and
Beautification Project (Phase III) and approve and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
A6.
Award the contract to the lowest responsible bidder, R. J. Noble Co., in the amount of
$536,524.96, for the Orangethorpe Avenue Street Improvements from Kraemer
Boulevard to B.N.S.F. Railroad and approve and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
Award the contract to the lowest responsible bidder, R. J. Noble Co., in the amount of
$82,837.70, for the Dale Avenue Street Improvements from Lincoln Avenue to Broadway
and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
A7.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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A8. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount
of $143,356.60, for the Nohl Ranch Street Improvements from Imperial Highway to
Rolling Hills Place and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
A9. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount
of $359,736.70, for the Imperial Highway Street Improvements from Nohl Ranch Road to
north of Via Escola and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
A10. Approve the Settlement and Release Agreement with K&M Investment Enterprises, Inc.,
in the payment amount of $45,000, for the purchase of real property at 5710 East La
Palma Avenue.
A 11. Approve the Administering Agency-State Agreement for the Federal Aid Projects No. 12-
5055, Program Supplement No. M100, for the Lewis Street Improvement Project from
south of Ball Road to Katella Avenue.
A 12. Approve the Administering Agency-State Agreement for the Federal Aid Projects No. 12-
5055, Program Supplement No. M1 01, for the Orange Avenue Improvement Project
from Western Avenue to Beach Boulevard.
A 13. Approve the Administering Agency-State Agreement for the Federal Aid Projects No. 12-
5055, Program Supplement No. M103, for the Tustin Avenue Improvements Project from
La Palma Avenue to the North City Limits at Orangethorpe Avenue.
A 14. Approve the Administering Agency-State Agreement for the Federal Aid Projects No. 12-
5055, Program Supplement No. M104, for the La Palma Avenue Improvements Project
from Tustin Avenue to Grove Street.
A 15. Approve the Administering Agency-State Agreement for the Federal Aid Projects No. 12-
5055, Program Supplement No. M1 06, for the Euclid Street Improvements Project from
south of Romneya Drive to north of Medical Center Drive.
A16. Approve the Second Amendment to Agreement of Purchase and Sale and Joint Escrow
Instructions with Pacific Islandia California, Inc. and Orange County Transportation
Authority relating to the abandonment of Ox Road.
A 17. Approve the Memorandum of Understanding with the City of Orange for the Highways
and Streets Landscape Improvement Project within the City of Orange (1-5 Freeway
Corridor Tea-21 Landscaping Project).
A 18. Approve the Memorandum of Understanding with the City of Fullerton for the Highways
and Streets Landscape Improvement Project within the City of Fullerton (1-5 Freeway
Corridor Tea-21 Landscaping Project).
A19. RESOLUTION NO. 2002R-180 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting irrevocable offers of dedication of certain property
and/or facilities (Tract Numbers 12691, 13513, 15448, 15588 and 15703).
>--"'..--
000
123
123
182
123
107
153
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 11
A20. Approve the request of Orange Empire Sertoma Service Organization to waive facility
use fees, in the amount of $583, for use of the Boysen Park Fields for a baseball camp
for hearing-impaired youth.
A21. Approve an agreement with Dougherty & Dougherty Architects LLP, in the amount of
$107,800, for consultant services for the preparation of construction documents and
construction observation for the development of improvements at the Brookhurst
Community Center Building Expansion Project.
A22. Approve the License Agreement with Pacific Bell Telephone Company allowing access
to the Pacific Bell Telephone Company parking lot for patrons attending City sponsored
events held at the Pearson Park Amphitheatre.
Council Member Tait declared a conflict of interest.
A23.
Approve the First Amendment to Agreement with Bensinger, DuPont & Associates, in an
amount not to exceed $69,200, for continued professional services for alcohol and
controlled substance testing for a three-year period from January 1, 2001 through
December 31,2003.
123
A24.
Ratify the Risk Manager's decision not to purchase earthquake insurance coverage on
the City's buildings for the period of May 15, 2002 through May 15, 2003.
A25.
Approve the Seventh Amendment to Agreement with Occu-Med, Inc. for continued
services through June 30, 2004 in the area of occupational health and medical
standards, pre-placement medical examination and quality assurance services.
A26.
Approve the appointment of Kristine Ridge, City's Audit Manager, as hearing officer to
preside over the appeal hearing concerning the denial of the massage technician permit
application filed by Lea Pong Glance.
153 A27.
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 92R-17 adopting personnel rules
applicable to employees in management, confidential and non-represented part-time
classifications.
Mayor Daly moved, seconded by Council Member Kring, to continue Item A27 for two weeks to
August 20, 2002. Motion carried unanimously.
A28. RESOLUTION NO. 2002R-181 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing rates of compensation for classifications assigned to
the International Brotherhood of Electrical Workers, Local 47.
RESOLUTION NO. 2002R-182 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 00R-125 which established rates of
compensation for job classifications designated as Professional.
RESOLUTION NO. 2002R-183 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 00R-126 which established rates of
compensation for job classifications designated as Supervisory.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 12
RESOLUTION NO. 2002R-184 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 00R-124 which established rates of
compensation for classifications designated as Middle Management.
RESOLUTION NO. 2002R-185 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 00R-123 which established rates of
compensation for classifications designated as Administrative Management.
160
A29. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue purchase
orders to Segway LLC, in the amount of $70,850 (including tax), for ten Segway human
transporters.
In response to a comment made by Council Member Kring, Public Utilities General Manager,
Marcie Edwards, said that it was on the rules of the Agency, given the City's requirement for
Assembly Bill 1890 funds, to test out electrical aided research and development projects.
Utilities was obtaining a very small amount of the transporters to test out for applications for the
Convention Center and with the Police Department to see if an expanded program might be
warranted, she noted.
Council Member Kring asked when Utilities had expected to have the transporters in the City
and Manager Edwards said that once it was approved, they would be on site within 30 to 45-
days.
Council Member Feldhaus asked why the money would be taken from Utilities' budget for
research and development rather than the Resort Area. Manager Edwards explained that the
transporters were a new electric-type, battery-based technology and it fell under the category for
electric research and development projects and that was one of the reasons for Utilities to fund
it. She added that she was looking longer-term and this might prove to be a pilot for
applications within the Utility Department such as metering and that was why Utilities was in
support of the pilot.
Council Member Feldhaus asked if meter reading would be automated in the near future and
Manager Edwards stated that there were a number of on-going pilot programs now for
automated meter-reading system, radio based with truck and satellite based systems and she
was not sure as to how it would unfold. There were a number of potential uses for the Segway
devices, she informed, and meter reading was one. It would take a number of years to
implement automated-type meter reading, she said, and there was a need for field service
personnel to be able to respond to the same facilities, even if it was not an individual reading the
meter and it was to test the work ability. There were actually a couple of utilities in California
who were sponsoring the transporters under Assembly Bill 1890 funds, and the City was not the
first, she added.
142
A30. ORDINANCE NO. 5815 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Chapter 10.06 to Title 10 of the Anaheim Municipal Code relating to
design-build contract (Introduced at the Council meeting of July 23, 2002, Item A50).
179
A31. ORDINANCE NO. 5816 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending sections 18.31.070, 18.32.070 and 18.34.070 of Chapters 18.31,
18.32 and 18.34, respectively, of Title 18 of the Anaheim Municipal Code relating to
handicapped access in multiple-family zones (Introduced at the Council meeting of July
23, 2002, Item B7).
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 13
179
A32. ORDINANCE NO. 5817 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving Specific Plan Adjustment NO.8 to the northeast area Specific Plan
No. 94-1, amending Ordinance No. 5517, as previously amended, and amending
subsection .050 of Section 18.110.080 and 18.110.090, respectively, of Chapter 18.110
of Title 18 of the Anaheim Municipal Code relating to Development Areas 3 and 4
(Hospitals) (Introduced at the Council meeting of July 23,2002, Item B8).
114
A33. Approve minutes of the Council meeting held July 2, 2002.
END OF CONSENT CALENDAR
108 A34. Consider the application submitted by Renee Vicary to continue the operation of five
pool tables at 3020 East Coronado Street.
Executive Director of Planning and Community Development, Joel Fick, noted that this was a
continuation, for a new owner, an operation that had been field inspected and had been run as a
quality operation. He said that the Planning and Police Department recommended approval.
Mayor Daly moved, seconded by Council Member McCracken, to approve the application to
continue the operation of five pool tables at 3020 East Coronado Street. Motion carried
unanimously.
105
A35. Nominate and appoint a citizen to serve on the Planning Commission for a full four-year
term, to expire June 30, 2006 (Continued from the Council meeting of July 2, 2002, Item
A22 and July 23, 2002, Item A56).
Council Member Kring nominated David Romero.
Council Member Feldhaus nominated Mary Bouas.
Mayor Daly moved, seconded by Council Member Feldhaus, to close nominations. Motion
carried unanimously.
Vote for David Romero:
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Tait, and Kring. Noes-
O. Abstained - 1, Council Member Feldhaus. Motion carried.
Vote for Mary Bouas:
Roll call vote: Ayes - 2, Mayor Daly and Council Member Feldhaus. Noes - O. Abstained - 3,
Council Members Kring, McCracken and Tait. Motion failed.
Council Member Feldhaus changed his abstention vote for David Romero to an aye vote for a
unanimous appointment to the Planning Commission.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 14
156 A36. Staff report regarding Council inquiry (for information only).
Police Chief Roger Baker explained that the purpose of the report was for an overview and
update of the Immigration and Naturalization program know as Local Jails Program and was
located in the Anaheim City temporary detention facility. He gave a brief history of the program
and said that in September 1995, the Police Department was directed to conduct a screening
process to establish an immigration status of all arrestees booked in the temporary detention
facility. He said that the result of the screening process indicated that a substantial number of
arrestees appeared to be in the United States illegally. Thereafter, a six-month Immigration and
Naturalization Service screening pilot project was initiated in the City's detention facility, he said,
in which agents of the Immigration and Naturalization Service screened arrestees for violations
of the law prior to their arraignment. When it was established that arrestees were in the Country
illegally, he said that agents of the Immigration and Naturalization Service placed holds on them
for further review and possible deportation. The pilot program was endorsed by the Orange
County Congressional Delegation, he noted. On September 30, 1996, he said that the
President of the United States signed into law, House Resolution 1493, which established pre-
arraignment screening by agents of the INS to arrestees in local jails throughout the United
States. He said that the legislation had received widespread Congressional and community
support. In order to explain how the program worked, he said that the Anaheim Police
Department was just one faction of the large criminal justice system and it was the Police
Department's responsibility to enforce municipal, county, state and federal laws. When
warranted, people could be arrested for violating laws and not all people violating laws were
arrested, he said, and depending upon the circumstances and the gravity of the offenses, some
individuals may receive a citation to appear in court at a later date. Some cases required further
investigation before a complaint was filed through the City or District Attorney's Office, he noted.
When the Police Department arrested a person, he said, they might be booked and housed in
the Anaheim temporary detention facility, pending further criminal justice actions. Not all
persons arrested were taken to the detention facility and depending upon the circumstances, he
said, they might be booked in the City's detention facility or at other facilities, including the
Orange County jail. If a person was injured or incapacitated, he explained, they might be
booked into a hospital jail ward. Agents of the INS were not in the City's detention facility 24-
hours per day and visited periodically throughout the day, he stated. Everyone that was
detained in the detention facility for violating a law was subject to review by the INS regardless
of race, religion, creed, color or the charges against them, he added. Agents of the INS
attempted to interview everyone in custody at the time of their visit; however, circumstances
may have limited those whom they contact. In the year 2001, he noted, agents of the INS
interviewed 56 percent of those persons booked into the City's detention facility. He noted that
of the 9,180 people booked, holds were placed on 1,094 of the arrestees and members of the
Anaheim Police Department did not screen any of the individuals regarding their immigration
status, nor do they recommend whom the INS screened. If the INS determined that a person
that was in custody was in the country illegally, they may place a hold on the individual, he said,
and they were not immediately deported and must complete the judicial process instead,
regarding the pending charge, prior to any pending action by the INS. The involvement of the
Police Department in the program was very limited, he said, and as a general rule, the Police
Department did not inquire about the residency status of any person and the Police Department
did not look into a person's prior criminal history as part of the pre-booking process. The
arrestees were there because of the current charges against them, he said. The program was a
nationwide program affecting every INS district in the United States, he noted, and agents of the
INS visited jails throughout the country in all districts and in many states, including Georgia,
Florida, New York, Illinois, Texas and California. In Orange County, he noted, the program took
place in the Orange County, Fullerton and Costa Mesa jails. The City and the Anaheim Police
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 15
Department had implemented several creative and innovative programs, which he said he
believed had contributed to the significant reduction in the Part 1 crime rate in the City and the
INS Local Jails Program was one of the programs. He referred to a graphic that indicated the
results of the INS program at the Anaheim detention facility and there was a list showing those
people that were detained for criminal offenses committed by people who were later identified
for holds by the INS. The graphic results were from 1997 through 2001 and was listed by
category of criminal offense, he noted. In 1997, there was a total 1 ,093 that were detained by
the INS, 985 in 1998, 1,103 in 1999, 1,359 in 2000 and 1,094 in the year 2001. He stated that
the statistics showed by year, the total number of persons detained in the City's detention
facility, the number interviewed by the INS and the number of holds placed and then the
percentage of holds compared to the total number of arrests. He noted that in 1997,8.3 percent
of the City's arrests wound up being holds for INS; in 1998, it dropped to 7.7 percent; in 1999 it
went up to 10 percent; in 2000 it went to 14.3 percent and 2001 at 11.9 percent.
Mayor Daly asked for the numbers or percentages of those detained, interviewed and held at
the Orange County jail and Chief Baker said he did not know the figures but that it was much
larger and had a greater number of bookings per year. Mayor Daly asked that the information
be forwarded to Council.
Council Member Tait noted that the vast majority of the holds were for non-traffic, hit and run
offenses and Chief Baker said that there was not a category for minor crime if it was a criminal
offense and it clearly showed that there were a lot of violent crimes and crimes which posed
great threat to the community.
Council Member Tait noted that one of the concerns with St. Boniface and OCCCO that there
was a fear of reporting the crime and that they would have to face the INS and he asked if that
was true. Chief Baker responder that it could be a concern and the question was how many
people did hesitated to contact the Police Department because of their immigration status. He
said he did not have any information on that population.
Council Member Tait said if someone was in the state illegally and a crime was committed
against them and they called the police, would the police take that person to jail. Chief Baker
said that they would not and that the only people detained in the police facility were there for a
criminal offense. A person would need to commit a crime to get into the detention facility. The
Police Department was not interested in immigration status for victims and witnesses, he said,
and it would only become an issue if they were detained in the detention facility and they
became available for screening by the INS.
Council Member Feldhaus asked if the police went any further to find out if witnesses or victims
were legal or illegal and it may be a reason that they would not report a crime. Chief Baker said
it might be but under normal circumstances, the INS would not have access to the criminal
reports. When the reports were sent forward for prosecution purposes either to the City
Attorney's Office or District Attorney's Office, he noted, they were also reposed in those offices.
City Attorney, Jack White, stated that police reports were not public records under the Public
Records Act. There was certain information contained within the reports that was accessible
and was required to be disclosed, he noted, but the reports themselves were not disclosable or
not public records.
Council Member Feldhaus asked if police reports were disclosable to an INS person and City
Attorney White said to anyone outside the City.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 16
Council Member Kring said it was only the person who was alleged to have committed a crime
that went through the process, never the victim, she said. Chief Baker said that was correct and
that people who were victims or witnesses were not detained in the detention facility unless it
was for their own personal protection. He said that the Police Department encouraged
everyone to report crime in the City and he said that he thought that one of the reasons that
there was a reduction in crime was because of the cooperation of the community.
Council Member McCracken asked if the community outreach programs such as the community
councilor neighborhood watch program did anything to address an understanding of the
program and be supportive. Chief Baker said that the program was well known and established
in the Department and the officers in the field knew how it worked and they were willing to
explain it to people who had questions about it. He said that the Police Department, Community
Services Bureau, explained this all the time in all areas of the City. All persons detained in the
detention facility for a crime were subject to screening by INS and he offered to have someone
from INS explain the national program, he added.
Mayor Daly asked if there was a written summary of the national program and any other
statistics that were not brought forth to Council and were available in summary. Chief Baker
said that he was sure that there was something and that the Anaheim Police Department was a
small faction of the entire criminal justice system. He said he believed that the programs were
cumulative and had effect across the country and it might be beneficial to put it into context with
the national view.
Council Member Kring said that possibly the INS officer could talk to the people and explain
exactly what the program was about. Chief Baker responded that in discussions with INS
officials, it looked like that was what they wanted to do also.
Council Member Tait said that one of the main reasons for the dramatic drop in crime in the City
was this program. Chief Baker said it was hard to quantify which of the programs in effect in the
Police Department has had the most effect on the crime rate. He said he thought that it was a
combination of all of the programs and he said he knew that the crime rate dropped and he did
not know what might have been prevented by the implementation of one program or the other
program. Since the programs had gone into affect, there had been a dramatic reduction in
crime rate, he added.
Mayor Daly asked for any written material that went into more detail or provided greater context
that could be provided from either the INS or from any other source and he would like to see the
statistics of the County jail operation since the County jail had booked more people.
City Manager Morgan said that OCCCO had submitted five recommendations and Council had
given staff 90-days to respond and Council would be receiving a report in approximately 60-
days.
Items B1 throuah B2 From Zonina Administrator Meetina of July 25.
2002: (No action by City Council required unless expressly indicated. Council
may consider and act upon such matters at its discretion. Items requiring a
public hearing may be set for hearing at a later date upon the request of any
two Council members.) APPEAL PERIOD ENDS AUGUST 16, 2002:
'....-...........
179
179
179
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 17
B1. VARIANCE NO. 2002-04517
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Whitestar Real Estate Partners, 2850 E. White Star Avenue
Anaheim, CA 92806
AGENT: Larry Gibson, 3573 Enterprise Drive, Anaheim, CA 92807
LOCATION: 2850 E. White Star Avenue. Property is 0.49-acre located 380 feet
northeast of the centerline of Blue Gum Street, having a frontage of 119 feet on the
south side of White Star Avenue and a maximum depth of 224 feet.
Waiver of minimum number of parking spaces to construct an office addition to an
existing warehouse building in the SP94-1, D.A.- 1 (Northeast Area Specific Plan,
Development Area 1 - Industrial Area) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2002-04517 approved (ZA2002-022).
REPORT AND RECOMMENDATION:
B2. ADMINISTRATIVE ADJUSTMENT NO. 2002-00223
OWNER: Manuel Zavala, Plating Neutron, 2993 East Blue Star Street
Anaheim, CA 92806
AGENT: Gary C. Maxwell, 2981 East Blue Star Street,
Anaheim, CA 92806
LOCATION: 2981-2993 East Blue Star Street. Property is 1.28 acre located at the
eastern terminus of Blue Star Street with a frontage of 102 feet on the eastern terminus
of Blue Star Street, a maximum depth of 360 feet and located 357 feet east of the
centerline of Red Gum Street.
Waiver of maximum floor area ratio (FAR) to permit and retain two existing contiguous
industrial buildings to allow for a future lot line adjustment to merge two parcels, within
the SP94-1, D.A.1 (Northeast Area Specific Plan, Development Area NO.1 - Industrial
Area) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2002-00223 approved (ZA2002-21).
Items B3 throuah B10 From Plannina commission Meetina of Julv 15. 2002: (No action by
City Council required unless expressly indicated. Council may consider and act upon such
matters at its discretion. Items requiring a public hearing may be set for hearing at a later date
upon the request of any two Council members.) APPEAL PERIOD ENDS AUGUST 6,2002:
REPORTS AND RECOMMENDATIONS:
B3.
CONDITIONAL USE PERMIT NO. 2001-04338 - REQUEST FOR REVIEW OF SIGN
PLANS
CATEGORICALLY EXEMPT - CLASS 11: Promotional Signs, Attn: Richard Christie,
20361 Hermana Circle, Lake Forest, CA 92630, requests review of sign plans for 2
additional walls signs. Located at 1074 North Tustin Avenue (Starbuck's Coffee).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved sign plans of Conditional Use Permit No. 2001-04338 (5 yes votes,
Commissioner Vanderbilt voted no and one Commission vacancy).
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 18
179
B4. VARIANCE NO. 2001-04431 - REQUEST FOR AN EXTENSION OF TIME AND
NEGATIVE DECLARATION: Bruce Dohrman, 711 East Imperial Highway, Suite 200,
Brea, CA 92821, requests an extension of time to comply with conditions of approval for
a 4-lot single-family subdivision with waiver of minimum depth of lot adjacent to an
arterial highway and minimum lot frontage. Property is located at 1253 North State
College Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved retroactive extension of time for Variance No. 2001-04431 for one year to
expire April 9, 2003 (6 yes votes, one Commission vacancy).
Negative Declaration previously approved.
179
B5. CONDITIONAL USE PERMIT NO. 2001-04499 - REVIEW OF REVISED PLANS FOR
RECOMMENDATION TO THE CITY COUNCIL AND NEGATIVE DECLARATION:
Olfati Design Group, Attn: Ali R. Dogmetchi, 5199 East Pacific Coast Highway, Suite
320N, Long Beach, CA 90804, requests review of revised plans for recommendation to
the City Council to permit the conversion of the existing service station building to an
accessory convenience market. Property is located at 2585 West La Palma Avenue-
Union Oil (76) Service Station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval to City Council of revised plans of Conditional Use Permit No.
2001-04499 (6 yes votes, one Commission vacancy).
Negative Declaration approved.
Mayor Daly asked that if Item B5 was not set for a hearing by Council, would it render Item C3
moot and Executive Director of Planning and Community Development, Joel Fick, stated that
effectively, by having the hearing on Item C3, it would incorporate action on Item B5. He noted
that the applicant had made significant improvements and the Planning Commission had
recommended approval of the revised plans, as staff did, to the Council.
179 B6. VARIANCE NO. 3110 - REQUEST FOR TERMINATION: Living Stream Ministries,
Attn: John Pestor, 2431 West La Palma Avenue, Anaheim, CA 92805, requests to
termination of Variance No. 3110. Property is located at 2411 West La Palma Avenue-
Living Stream Ministries.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 3110 terminated (PC2002-108) (6 yes votes, one Commission vacancy).
179 B7. CONDITIONAL USE PERMIT NO. 2621- REQUEST FOR TERMINATION: 20 South
Anaheim LLC, Attn: Farhad Abolfathi, 2222 South Figueroa Street, Suite 300, Los
Angeles, CA 90007, requests termination Conditional Use Permit No. 2621. Property is
located at 50 South Anaheim Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2621 terminated (PC2002-109) (6 yes votes, one
Commission vacancy).
179 B8. CONDITIONAL USE PERMIT NOS.1406 AND 2466 - REQUEST FOR TERMINATION:
Rusty Miller, 415 South Anaheim Hills Road, Anaheim, CA 92807, requests termination
of Conditional Use Permit Nos. 1406 and 2466. Property is located at 415 South
Anaheim Hills Road - Anaheim Hills Racquet Club.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit Nos. 1406 and 2466 terminated (PC2002-110) (6 yes votes, one
Commission vacancy).
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6,2002
PAGE 19
179
B9. CONDITIONAL USE PERMIT NO. 1758 AND 3905 - REQUEST FOR TERMINATION:
Ming International Group, 9202 Ellsworth Drive, Huntington Beach, CA 92646, requests
termination of Conditional Use Permit Nos. 1758 and 3905. Property is located at 5247
East Orangethorpe Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit Nos. 1758 and 3905 terminated (PC2002-111) (6 yes votes, one
Commission vacancy).
179
B10. CONDITIONAL USE PERMIT NO. 2002-04537 - REVIEW OF FINAL LANDSCAPE
PLANS AND NEGATIVE DECLARATION: Anaheim Hills Racquet Club, Attn: Wil
Wilkens, 415 South Anaheim Hills Road, Anaheim, CA 92807, requests review of a final
landscape plan, including traffic calming measures and precise location of new courts.
Property is located at 415 South Anaheim Hills Road - Anaheim Hills Racquet Club.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final landscape plans to Conditional Use Permit No. 2002-4537 (6 yes votes,
one Commission vacancy).
Negative Declaration previously approved.
Council Member Feldhaus asked that when Council received a request for termination on a
conditional use permit or variance that they be told what the original conditional use permit or
variance was for on that property.
Director Fick said that the Planning Department would and that in most cases, these were old or
expired conditional use permits or variances that had been superseded by another action.
6:00 P.M. PUBLIC HEARINGS:
176
C1. PUBLIC HEARING: To consider the abandonment of two public utility easements
located 1126 North Euclid Avenue.
At their meeting held June 19, 2002, Item A12, the Anaheim City Council adopted
Resolution No. 2002R-141 declaring its intention to vacate certain public streets,
highways and service easements located at 1126 North Euclid Avenue (Abandonment
No. ABA2002-00054).
REQUESTED BY: Brian Johnson on behalf of Island Investment Inc., 33971 Selva
Road, Suite 135, Dana Point, CA 92629.
Public Works Civil Engineer Natalie Meeks said that the property owner was processing
development plans for the property and had requested abandonment of the two public utility
easements. Through the development process, she said he would be dedicating new
easements that were compatible with his development plans and staff recommended that the
easements be abandoned.
Mayor Daly noted that customarily, abandonments related to a private development were
processed after the fact and he asked if there was reason why this one was out of sequence.
She said that the process was that typically, these were abandoned before they record the new
tract map and the new easements were dedicated.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 20
Mayor Daly asked if this precluded the City from making decisions on the property and Ms.
Meeks said that this did not grant him any development rights at all and it only eliminated the
two public utility easements that were not needed for the present use of the property.
Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing.
Mayor Daly moved, seconded by Council Member Kring, to approved the CEQA Finding of
Categorically Exempt, Class 5. Motion carried unanimously.
Mayor Daly moved, seconded by McCracken, to approve the City's right, title and interest in the
abandoned area to the applicant. Motion carried unanimously.
Mayor Daly offered Resolution No. 2002R-186 for adoption.
RESOLUTION NO. 2002R-186 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (ABANDONMENT NO. ABA2002-00054)
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
179 C2. CONTINUED PUBLIC HEARING:
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04528
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Ofelia Sanchez, 1190 North Cherry Way
Anaheim, CA 92801
AGENT: Bettina Montes, 817 North Broadway, #C
Santa Ana, CA 92701
LOCATION: 1190 North Cherry Way. Property is approximately 0.18-acre with a
frontage of 67 feet on the east side of Cherry Way located 93 feet south of the centerline
of Romneya Drive.
Request to permit and retain an unpermitted granny unit in conjunction with an existing
single-family residence with waivers of a) minimum number of parking spaces, b)
minimum front yard setback and c) permitted encroachment into required yards
(deleted).
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement denied (6 yes votes, Commissioner Boydstun absent).
Conditional Use Permit No. 2002-04528 denied (PC2002-59).
(Informational item at the Council meeting of May 14, 2002, Item B3. Planning
Commission's decision appealed by Owner, Ofelia Sanchez. Continued from the
Council meeting of June 11, 2002, Item C1 and July 23, 2002, Item C2).
Zoning Division Manager, Greg Hastings, said that the request was a result of a complaint to
Code Enforcement in April 2001, pertaining to overcrowded living conditions. Responding to the
complaint, he said, Code Enforcement had found several unpermitted structural modifications
as well as evidence of six dwelling units on the property and since this was a single-family zone,
the Code allowed only one unit on the property. Council held a hearing on the item on June 11,
2002, he noted, continued the hearing to July 23,2002 and again to this date to allow the
applicant to submit additional documentation regarding construction on the property. He
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 21
explained that the applicant had submitted two documents for the July 23,2002 meeting, which
included a two-page structural pest control inspection report from 1972, which showed a
detached two-car garage on the front of the property and a detached accessory structure at the
rear of the property that was being used as a barn with a bomb shelter. The second document
submitted by the applicant was an 8-page set of plans approved by the building division in 1977
for the construction of a two-story addition to the south side of the main residence, he noted,
and the addition appeared to meet Zoning Code and was not connected to the matter currently
before Council. Since the last hearing date, staff received an e-mail from an architect hired by
the applicant, indicating that a previous occupant of the property, from 1972 to 1986, recalled
the rear accessory building was a two-car garage and workshop with a loft and that the
basement area was converted from a water cistern to a bomb shelter in the early 1960's, he
informed. That owner also recalled that the 1 Yz car garage attached to the front house was
existing in 1972 when he moved in, he noted. A City building inspector had inspected the
improvements on the property to determine the age of the front garage addition and to
determine if the rear accessory building had ever been legally used for living purposes. All
evidence continued to confirm that the rear building was never intended or legally converted for
living purposes and it was most likely intended for accessory storage purposes, he said. The
inspection revealed, based on construction techniques, that the garage and other portions of the
main residence currently located in the front setback were constructed as additions sometime
between 1955 and 1972, without the benefit of a building permit, he noted. The front setback
Code requirement for the garage was 20-feet and the remainder of the structure should set back
25-feet from the front property line, he reported. The garage currently set back 6 Yz-feet and
there was a water heater enclosure setting back 12 Yz-feet and a bedroom addition at 18-feet,
he stated, and no evidence of permits for the additions had been found by either the applicant or
staff. Manager Hastings informed Council that there were two issues before them and one was
to allow the conversion of the detached accessory structure, formerly a barn and bomb shelter,
to a 756 square-foot, one-story granny unit and would necessitate the approval of a parking
waiver with only one parking space being available in the garage and two being required. The
other issue was to allow the retaining of the garage expansion, bedroom expansion and water
heater enclosure, which currently encroached into the front setback, he stated. Consistent with
the Planning Commission determination, staff continued to recommend denial of the request for
conversion of the detached accessory structure to granny unit, due to a condition of the
structure and the denial of the waivers pertaining to the front yard setback since there were no
hardships on the property that had been identified and no permits that had legalized the
encroachment; they had not been produced. He said if Council were to approve the request, a
substantial amount of costly reconstruction would be necessary to correct numerous Building
Code violations that had been identified by the City's building inspectors. If Council denied the
request, as recommended by staff, building permits would need to be issued to restore the
property back to Code-conforming status and would include demolition or restoration of the rear
building back into a non-habitable space such as a workshop or storage building or possibly a
garage, he said. They would need to remove or modify the unpermitted improvements to the
front house to restore the proper front yard setback, he informed, and the owner would need to
provide a one-car garage somewhere on the property tc replace the illegally-constructed
garage.
Mayor Daly asked for comments regarding a letter from Maxwell and Associates and Manager
Hastings responded that staff had an opportunity to review the letter and the only information
was that the bomb shelter had previously been used as a cistern.
Mayor Daly opened the public hearing.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 22
Gary Maxwell said he had been retained by the title company that had been working on the
issue of the zoning and building enforcement issues on the property. He said when Mr.
Sanchez purchased the property, all of the structures were in existence and he said he
understood that last year a Code Enforcement issue had come up due to a complaint about the
amount of people living on the residence and an inspection occurred and the item was brought
to light. Mr. Sanchez had worked to correct as many of the deficiencies as possible and where
there were Code deficient structures, he said, plans had been prepared to bring the structures
up to Code and correct as much as he could. Mr. Maxwell said Mr. Sanchez had purchased the
house for his family and in-law apartment for his parents. That was the reason for the
application for the in-law residence at the rear of the property, he said, and because of that, it
required that there be two parking spaces covered and it was discovered that the garage at the
front of the house was into the required front setback and had been there for a considerable
amount of time. If the item were to be accepted, he said, the conditional use permit was basic
to obtain the in-law apartment and the additional two items were to have the parking in the
existing garage, which did not conform to the setback requirements. It would not meet the two-
car parking requirements and Mr. Sanchez would only be able to park one car under cover. He
said if the permit was denied, Mr. Sanchez would need to take down the garage and he
questioned how far that would go since the original structure was constructed into the front
setback and the water heater would need to be taken down as well as portions of the existing
house and the structure would be lost at the rear end and loose the ability for the in-law
apartment. He said that this was a downgrade of what the purchaser of the property had
anticipated and understood. The condition had existed for a considerable amount of time, he
noted, and Code Enforcement had indicated that some structures had been added onto as time
went on and permits could not be found. All that could be found, he reported, were tax records
of payment on the garage and the improvements and pest control reports that dated back to
1972 when the property was transferred. He said that the construction materials in the garage
had shown that over a certain amount of time that improvement had occurred and that pieces
were added on. The property owner was loosing a lot, he said, if everything was to be brought
up to the current Code and it would be harmful for him. He stated that the owner wanted to
correct the deficiencies and he explained that this was a two-story house and there was an
accessory structure at the rear. At the time, it could be construed that there were up to six
different individual dwelling places within the two structures. The upstairs and downstairs had a
door in place and the door was to be taken off and the plans were to show all the improvements
to bring it back to a single-structure and a granny structure at the rear. If Council granted the
appeal to allow the property owner to move forward, the intention was to bring the structure up
as far as they could and there was only so far to go. They could not solve the problem of the
parking and other issues without demolishing a great portion of the house and if they were to do
that, they would loose the granny unit and go back to a single-family residence and still be
required to bring everything up to Code and produce a two-car garage on the site. He said that
there may have been different ways of solving the problems and asked that the existing be
granted the way it was and it was possible that the owners could come back and explore
different options for solving the problems. He said that he did not want to see the conditional
use permit for the in-law apartment be thrown out with all of the other zoning violations and if
there was a way to save this for the people, he would be open to working it out with staff and
Council to help them out. The rear structure was originally built as a shed structure and the
cistern had been turned into a bomb shelter, he informed. He said that they thought that at one
time, it may have been a garage and someone had excavated underneath. He said that the fact
that the underneath was a basement, it would make it very difficult to the owner to turn it into a
garage since there were lots of structural problems with it and there was a basement
underneath the garage, he added, which it was not suitable for.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 23
Council Member McCracken asked if Mr. Maxwell found that they wanted the second unit
structurally sound and he responded that there needed to be some structural work done. He
said he was a practicing architect since 1983 and that this was, by far, not the worst that he had
seen. There was work to be done, he said, and an accessory structure that was problematic,
between the front house and the rear house that mayor not need to come down. He said that
there was a lot of Code work to be done on the property.
Council Member McCracken said that she could understand families wanting granny units,
particularly families who need to care for family members or in-laws. She asked Mr. Maxwell if
there was a way that some of this could be changed so that it would be closer to Code than it
was today. Mr. Maxwell said that he could find ways to get closer than what was before Council
now and that there was a solution and there was a history on the house that made it difficult.
He said that the goal was to have a single-family residence and the in-law suite and to have as
much of the zoning and parking set-aside as possible. He said that the front set-back was going
to be a problem on the garage.
Council Member McCraken noted that Mr. Maxwell's letter had indicated that the kitchen and
plumbing from the previous owner that was on the second floor was to be removed and when
these people moved in, there was kitchen plumbing on the second floor and it had not been
removed after 20 years. Mr. Maxwell said he was not sure if the plumbing was hooked up and
he was told that the plumbing was supposed to be taken out of the cabinets and that they were
going to leave the cabinets in place and that may have been a solution to close a sale at that
time. He said that the zoning would allow one single-family residence and generally, there
should be one kitchen in it, not four or five.
Council Member Kring asked if there was any way to solve the problem and do architectural
plans and drawings and bring them to the Planning staff and building inspectors to see if it
would work. Mr. Maxwell said that a lot of the problems could be solved and that it could be
looked at in a couple of different ways.
Mr. Maxwell said that the owners had been responding and trying to come up with solutions
regarding the violations.
Mayor Daly closed the public hearing.
Executive Director Fick said that the problem may have been solvable prior to this time and
there were two approaches that the Council could take and those were to either deny the
application and when the property owner or applicant were ready to resubmit, it could be
resubmitted when plans were available. The permit would expire around September 7, 2002
and the applicant, under law, could request one continuance up to a gO-day period and that was
an option that Council could continue the item.
Mayor Daly said that at some point, someone would need to decide how much of a variance to
the City's existing Codes would be permissible.
Director Fick noted that there would be some type of variance at some point and only the
Planning Commission and Council could approve the variance.
Mayor Daly said that it seemed to him that it was misleading to try to salvage the item and start
from scratch. Whether it was this item that was salvaged, or a fresh application, a determination
would still need to be made in the future that everyone agreed upon, he added. He said that
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 24
there was nothing to prevent the applicant from submitting new plans and he said to try to
rescue this item was unfair to all the other single-family home owners who played by the rules.
Council Member Tait said that there were a vast array of zoning violations that had been that
way for thirty-years and the applicant bought the home without knowing it. He said that he was
afraid that with a denial, it would close down the granny unit and he said he wanted to find a
compromise on the zoning side but on the building codes, the Council would not compromise on
those since they were the safety issues and those would need to be complied with fully.
Because it had been there for thirty years, there could be a bit of flexibility from the City and he
said he would support a continuance and not a denial.
Council Member Feldhaus said that the citation by Code was issued on March 2, 2002 and he
asked how much work had been done and attempts had been made to do the remedial work on
it. Director Fick stated that to the best of his knowledge, there had not been any building
permits issued on the site. He said he thought that staff took pictures of four kitchens that
existed on the site and the applicant testified that one of them had been removed. There was
still a lot of work to be done on the site in a variety of areas.
Council Member Kring said she thought that the owner believed that there had been permits
issued in the past and they were looking through all types of documentation to see if they could
find permits and that may have been the reason that they did not start the process in March.
Mayor Daly asked when the last Code Enforcement inspection was done on the property and
Director Fick said that the building inspectors were out on the site looking at it prior to the last
Council meeting. He said that Planning attempted to bring the Council Members the most
accurate information on the site and that precipitated the memo from the Building Division.
Mayor Daly asked if there was an estimate as to how many persons were living on the property
as of June or early July and Director Fick stated that he was not sure of the exact number but it
was the product of the Code Enforcement complaint because of the overcrowding conditions
that existed on the site.
Mayor Daly asked how may cars were identified on the site and Director Fick did not have a
response and added that it was more generically about the overcrowding and the number of
people on the site. He said that the reason why staff was so concerned was the issue of safety
and it appeared that there were six dwelling units on the site when staff first went out to the
property.
Mayor Daly noted that there were six dwelling units on the property and Director Fick said that
he was correct and that it was within the single-family zone. Mayor Daly said that Council had
discussed their goals and that the applicant was asking for compromise and he was appalled at
what had happened and that this was a blatant violation of a single-family neighborhood zoning
as well as the City's Zoning Codes and he said that Council had a responsibility to the
neighbors and surrounding community to enforce the law. He added that there was nothing to
prevent the applicant from fixing all of this and he was concerned about what it did to the
neighborhood all those years and if the Council did not enforce the law, who would enforce
them and it was Council's job to do so. He said that Planning and Code Enforcement staff had
other projects in the City and should not devote time to helping the architect find the solution.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 25
Council Member Kring asked if this was the condition that the property was in when the owners
purchased it or was it added and Director Fick said that had been the testimony over one of the
prior representatives.
Council Member Kring said it would be incumbent upon them to bring it back to Code and asked
if there was a time period to be given. Director Fick said that in this instance, it was not just a
zoning code violation, there were building code violations on the site such as the granny-unit,
which was a non-habitable building. He said whether the application was continued or denied
and the applicant drew plans and submitted them with another application, the net result was
the same.
Mayor Daly moved, seconded by Council Member McCracken, to deny the CEQA Finding of
Categorically Exempt, Class 3. Council Members Tait and Kring voted no. Motion carried.
Mayor Daly offered Resolution No. 2002R-187 for adoption.
RESOLUTION NO. 2002R-187 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHAIEM DENYING CONDITIONAL USE PERMIT NO. 2002-04528.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - 1, Council Member Tait. Motion carried.
Council Member Tait asked if the applicant could return and re-file and Director Fick said that he
could and it would be the traditional approach and that Council would have the Planning
Commission's decision or recommendation when the item would return
Council Member Kring asked if there was any liability to title and real estate agents since that
was a private issue.
179
C3. CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT NO. 2001-04499
AND NEGATIVE DECLARATION:
OWNER: Tosco Corp., 2585 West La Palma Avenue
Anaheim, CA 92801
AGENT: Olfati Design Group, Attn: Ali R. Dogmetchi
5199 East Pacific Coast Highway, Suite 320N, Long Beach, CA 90804
LOCATION: 2585 West La Palma Avenue. Property is approximately 0.52-acre
located at the northeast corner of Magnolia Avenue and La Palma Avenue [Union Oil
(76) Service Station].
Requests to establish conformity with existing Zoning Code land use requirements for an
existing automobile service station and to permit the conversion of the existing service
station building into an accessory food mart with sales of beer and wine for off premises
consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04499 denied (PC2002-31) (4 yes votes,
Commissioners Bostwick, Boydstun and Vanderbilt absent).
Negative Declaration approved.
(Informational item at the Council meeting of March 19,2002, Item B2. Planning
Commission's decision appealed by the Agent Alj Dogmetchi. Continued from the
Council meetings of April, 23, 2002, Item C5, May 14, 2002, Item C2 and July 2, 2002,
Item C2).
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 26
Executive Director of Planning and Community Development Joel Fick reported that the item
had been originally denied by the Planning Commission in February, 2002 and subsequently
appealed by the applicant to the Council. Staff had been working with the applicant, he said,
and the applicant had completed improvements to the project. Planning Commission
considered a revised proposal by the applicant that eliminated the off-sale beer and wine
request and made substantial improvements to the proposed design of the project, he noted.
The improvements included additional landscaping enhancements, fourteen trees within the
landscape front setback area, removal of a pole sign to be replaced by a monument sign,
architectural enhancements on all four building elevations, stuccoing of the canopy columns, re-
striping of parking spaces, removal of roof-mounted equipment, and conversion of the old
service bays to the food mart structure, he reported. Planning Commission and staff supported
the proposal and recommended approval, he added.
Council Member Tait declared a conflict and left the Council dais.
Mayor Daly opened the public hearing.
Judithanne Gollette spoke on behalf of the West Anaheim Neighborhood Development Land
Use and Business Development Committee and said that the owner was meeting the need of
the reduction of beer and wine licensing.
Mayor Daly closed the public hearing.
Mayor Daly asked about the signage standards and Director Fick said that they had all been
met and that the pole sign would be changed out to a monument sign with this plan approval
and it was a good program.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Negative Declaration. Council Member Tait abstained. Motion carried.
Mayor Daly offered Resolution No. 2002R-188 for adoption.
RESOLUTION NO. 2002R-188 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04499.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - O. Abstained - 1, Council Member Tait. Motion carried.
179
C4. CONDITIONAL USE PERMIT NO. 2000-04277
AND NEGATIVE DECLARATION:
OWNER: Gock Woey Jung, 433 South Vicki Lane
Anaheim, CA 92804
AGENT: De Hua Jr., 12201 Brookhurst Street
Garden Grove, CA 92640
LOCATION: 420-504 South Brookhurst Street. Property is approximately 1.5 acres
with a frontage of 205 feet on the east side of Brookhurst Street located 492 feet north of
the centerline of Orange Avenue (Seafood Place Restaurant).
Requests reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved on November 6, 2000 to expire on
November 6, 2001) to retain a banquet hall with service but no sales of alcoholic
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 27
beverages for on-premises consumption and modification or deletion of a condition of
approval pertaining to construction of a block wall.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied request for reinstatement of Conditional Use Permit No. 2000-04277 (PC2002-
97) (7 yes votes).
Negative Declaration previously approved.
(Informational item at the Council meeting of July 2,2002, Item B4. Planning
Commission's decision appealed by Agent, De Hua Jr).
Mayor Daly moved, seconded by Council Member Kring, to continue Item C4 to September 24,
2002, as requested by the applicant. Motion carried unanimously.
179
C5. VARIANCE NO. 2002-04502
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Maria G. Delgadillo, 626 N. Rose Street,
Anaheim, CA 92805
AGENT: Lorena Garcia, 521 North East Street, Anaheim, CA 92805
LOCATION: 626 North Rose Street. Property is 0.16-acre property located at the
southeast corner of Rose Street and Wilhelmina Street.
Waiver of maximum fence height to retain and permit existing unpermitted 5-foot high
block wall pilasters and the construction of new 4-foot high wrought iron panels in between
the pilasters, within the required front yard setback of a single-family residence in the RS-
7200 (Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2002-04502 approved (ZA2002-17).
(Informational item at the Council meeting of June 18, 2002. Review of the Zoning
Administrator's decision requested by Mayor Daly and Council Member Feldhaus).
Mayor Daly said that when there was a request for continuance, the Council generally had some
discretion and he asked about this case.
City Attorney, Jack White, stated that because it appeared that there was an emergency that
had taken the applicant out of the country, he recommended that the item be continued for the
two-weeks requested.
Council Member Feldhaus moved, seconded by Council Member Kring, to continue Item C5 to
August 20,2002, as requested by the applicant. Motion carried unanimously.
Report on Closed Session Actions:
City Attorney, Jack White, announced that in the matter of California Power Exchange, debtor,
U.S. Bankruptcy Court Case No. LA 01-16577ES, the Council authorized the Public Utilities
General Manager to submit a ballot accepting the creditors' Plan of Reorganization and to take
other necessary actions relating thereto.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
City Attorney, Jack White, announced that in the matter of Pacific Gas and Electric Company,
debtor, U.S. Bankruptcy Court Case No. 30923DM, the Council authorized the Public Utilities
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 6, 2002
PAGE 28
General Manager to submit a ballot accepting the California Public Utilities Commission Plan of
Reorganization and to take other necessary actions relating thereto.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
Council Communications:
Council Member McCracken noted that having a Housing Element and revitalization plan made
for a successful City. She said that the City needed to prepare a long-range plan for water
needs. She added that Orange County had recently amended its campaign finance ordinance
to address the issue of slate mailers and she requested that the issue for Anaheim be placed on
the next agenda with an appropriate ordinance to consider. She said that there were pros and
cons and whether the City's own ordinance took care of it or whether the City had any
amendments to make.
Mayor Daly asked if it would be similar to what the County of Orange did and Council Member
McCracken said she had given material to the City Attorney, similar to what the County of
Orange did and the City needed to address if it needed to be like that. She noted the City's
ordinance might already cover that.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 7:35 P.M.
Respectfully submitted:
_.~ L ~)( (. -J(..{' L(( < ,( {. 'c
Sheryll Schroeder, CMC/AAE
City Clerk
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