2000/10/17ANAHEIM, CALIFORNIA- CITY COUNCIL
REGULAR MEETING
OCTOBER 17, 2000
The City Council of the City of Anaheim, CA met in regular session.
Present: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring,
Tom Tait and Shirley McCracken.
Staff Present: City Manager James Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on
October 13, 2000 at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:09 P.M. in the Council Chambers of
the Anaheim City Hall, 200 S. Anaheim Blvd.
ADDITIONS/DELETIONS TO CLOSED SESSION:
There were no additions or deletions to the Closed Session agenda.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closes Session items.
Mayor Daly moved to recess to Closed Session, seconded by Council Member
McCracken. Motion carried unanimously. The Council recessed to Closed
Session at 3:10 P.M.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The
Fieldstone Company, et al., Orange County Superior Court Case No.
77-30-74 (and related cases).
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: State Remnant Parcel Numbers 200052-20057 (Cottonwood Circle
parcels) and Vermont Avenue street right-of-way northerly of 828 W. Vermont
Avenue, Anaheim, California
Agency negotiator: Natalie Meeks
Negotiating parties: City of Anaheim and Charles E. Hance
Under negotiation: price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3.89 acres of property located at the southwest corner of the I-5
Freeway and Magnolia Avenue, 1211-A Magnolia Avenue, Anaheim, California
Agency negotiator: James D. Ruth
Negotiating parties: City of Anaheim and Delphi Automotive Systems, LLC
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 2
Under negotiation: price and terms
ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager, City Attorney, City Clerk, City Treasurer
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 17, 2000 to order at 5:34 P.M.
and welcomed those in attendance.
INVOCATION: David Lazo, Iglesia De Poder
FLAG SALUTE: Council Member Shirley McCracken
PROCLAMATIONS AND DECLARATIONS:
Mayor Daly recognized and introduced the visiting contingency from Mito, Japan,
Anaheim's Sister City. Mayor Daly read a proclamation welcoming the delegation.
Recognitions to be presented at a later date were: a Declaration recognizing Norma
¥orde, Founder of the Good Shepherd Lutheran Home of the West on her 100th
birthday; a Proclamation recognizing October 23-31, 2000 as Red Ribbon Week and a
Declaration honoring the Friends of the Anaheim Public Library.
At 5:45 P.M., Mayor Daly recessed the City Council meeting until after the
Redevelopment Agency meeting.
Mayor Daly reconvened the City Council meeting at 5:50 P.M.
ADDITIONS DELETIONS TO THE AGENDA:
There were no additions to agenda items.
PUBLIC COMMENTS:
Nick Beregrino, Assistant General Manager for the Orange County Employees
Association, representing the Anaheim Municipal Employees Association, spoke
regarding contracting out golf course maintenance. He said they appreciated the City's
cooperation in finding jobs for the employees. He cautioned that anytime City work was
contracted out, the City lost control and could have many problems. He said he did not
believe that contracting out was a good solution. He noted they were in contract
negotiations and that some of the employees represented were some of the lowest paid
in the County and he urged the City to work together.
Lee Ann Cameron, AMEA President, spoke on the proposed contract for the golf course
maintenance and the efforts of the City to ensure employment with the City. She said
AMEA was opposed to contracting out member's work, adding that the courses would
not look the same. She said that the short-term savings to the City would not justify the
reduced quality of service that the citizens would experience with a private contractor.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 3
She said she felt the workers were the backbone of the City and she asked Council to let
the employees know their years of service were valued and that they did not need to
worry about their future employment with the City.
Bob BIouw, employee relations manager for AMEA, asked that Item A 2, a five-year
agreement with Environmental Golf to maintain the City's golf courses, be pulled for
separate action. He said privatizing was complex and wasn't the cure all for fiscal
concerns. He explained that with clear objectives the results of privatization could be
predicted and performances could be measured. He said the AMEA was not convinced
that the recommendation from staff regarding the future maintenance of golf courses
contained sufficient and deliberate and thoughtful analysis of future implications. He
suggested that the recommendation from staff was a "sugar pill", adding that in short
term, staff was recommending a Iow bid to provide maintenance for the next few years in
what appeared to be an appreciable savings to the City. He spoke about loyal dedicated
employees that had done the job in the past. He evaluated the three bids received,
noting that they had been told that there was not enough money in Environmental Golf's
contract, the lowest bidder, to make a profit, not enough money to even perform as
required. He asked why a company would contract to lose money, answering that Mr.
Kudron said because they wanted to have the pleasure of doing business with the City
of Anaheim. He wondered how long they would contract to lose money, noting that
when wages and benefits were reduced, there would be more money to go to the profit
of the private company. He said they requested the Council to vote no on the
privatization of the golf courses, saying the implications had not been adequately
addressed.
David Onkin spoke in opposition to the privatization of the City's golf courses, noting that
golfers would not use the City courses if they were not maintained properly and
revenues would fall off.
Linda Lee Grau said she did not think the City should be in the golf course business, it
should not own golf courses. She encouraged City employees to seek employment in
the private sector.
A gentleman neighbor of Gus Bode from East Street said the neighborhood was very
concerned about the condition of the property when the property owner returned, citing
that there currently was no water or electricity to the home. He asked that the neighbors
be kept apprised through Mr. Poole.
Larry Slagle, 1619 E. Lincoln, referred to the City's RFP for taxicabs, which was due
October 20th. Given the complexity of the requirements of the RFP, he requested the
deadline be extended.
Jim Christoff, worker from Dad Miller Golf Course, thanked the Council for allowing City
employees to obtain jobs with other departments, stating that along with that may come
a pay cut, which he could not afford.
Lori Heulan asked if Item A15, Land Sale Agreement between the City and Charles
Hance, could be held until Item C4 was heard.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 4
City Attorney, Jack White, explained that A15 was a land sale agreement that had been
negotiated between the optionee who had an option to buy property from OCTA and to
convey it to the City for a mini park purpose. The agreement, he noted, was for $97,000
and provided two contingencies, one was that it would be contingent upon the rezoning
of the property that was under C4 and it was also contingent upon the vacation of the
existing Vermont Avenue right of way. He said while there was a relation between the
items, the first item would be the approval of the land sale agreement because it
contained contingencies that would only make it effective if Council approved the public
hearing items.
Michelle Morton, Chairperson of the Citron/Haster Neighborhood Advisory Council, said
they had set aside $165,000 for the purchase of the property on Vermont/Cottonwood to
begin development of a mini-park site. She said it was her understanding that the
purchase price from Mr. Hance was $105,000 and she wondered if they would have to
pay for his parking lot out of CDBG Funds.
Mayor Daly said the staff would explain the funding of that project later.
Brad Knypstra, attorney for Charles Hance, said he had met with the City Attorney and
other staff and with some give and take, they reached an agreement. He said he called
the residents on Monday and offered to meet with them, but with the short notice, they
were unable to meet. He said he understood they only had so much money to spend on
the park and if they took OCTA's appraisal of that portion that would be the park, it would
be $194,000. Mr. Hance agreed to cut it in half, he noted, that was how the figure of
$97,000 was arrived at.
Ricky Rubio, 1010 S. Cambridge, said he wished to assure the City that the CDBG funds
were available for the proposed park and they had been working on the park site since
1997.
Mayor Daly clarified that the City Manager and staff were recommending that the
property be purchased.
Mr. Rubio asked if Mr. Hance owned the property and was the City purchasing it from
him at the cost of $97,000. He also asked how much Mr. Hance was paying for the
property.
Max Engel, 1181 N. Catalpa, referred to a letter he had sent the Council regarding North
Brookhurst street improvements with Measure M funds. His concern was the number of
homes that would be taken and the number of residents displaced, asking Council to
reconsider the project.
Public Works Director, Gary Johnson, said the City made a number of applications to the
Orange County Transportation Authority in various categories and this was one of the
projects submitted. He clarified that the project had not been designed and there was
significant amount of work to be done and a lot of communication with the neighborhood.
He said he would have staff respond in writing to Mr. Engel.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 5
Mayor Daly asked if there would be a process where the effected property owners would
communicate with the City before the design of the work was complete.
Mr. Johnson said they were three, four as much as five years away from construction, if
the project was implemented. He said the residents could contact his office regarding
the project.
Responses from staff regarding questions raised during the public comment portion:
John Poole, Code Enforcement Manager, responding to the request for a continuance
on the taxicab RFP, said he had received requests for extensions.
City Manger, Jim Ruth, said staff did not have a problem with a continuance. He
recommended a 10-day extension to accommodate all vendors.
City Attorney, Jack White, said the Council could add to the agenda, by a 4/5 vote, the
item that was not currently on the agenda.
Mayor Daly moved to add the possibility of an extension on the response deadline to
October 30, 2000, 4:00 PM, for submittal of taxicab RFP's to the agenda, seconded by
Council Member McCracken. Motion carried unanimously. This became Item A17.
Regarding Item A7, Council Member Feldhaus stated he would abstain from voting on
the Anaheim Fall Festival because he was Chairman of the Committee.
Council Member Tait stated his company had done work with Pacific Bell over the last
12 months, therefore, he would abstain from voting on Item AS.
Council Member McCracken asked for an explanation of the action on Item A15, the
land sale agreement between the City and Charles Hance.
City Attorney, Jack White, responded that the property that was the subject of A15 was
approximately 17,200 square feet currently owned by the Orange County Transportation
Authority. In connection with the condemnation of property for the widening of the I-5
Freeway, and specifically with the property owned by Coast Corvette, the State of
California and OCTA entered into an agreement with Mr. Hance and part of the
agreement gave Mr. Hance the option to purchase the property. The option was entered
into two years ago and expires about a week from this date. The City, he explained, had
proposed the agreement that was on the agenda for the City to acquire from Mr. Hance
17,200 square feet of property, out of a total of 20,700 square feet that he actually had
the option to buy from OCTA. The price that Mr. Hance would pay for the entire 20,700
square feet was $100,000; the price he was willing to sell the 17,200 square feet to the
City was $97,000. He said the City had received a copy of an appraisal that was done
by OCTA for the entire property and the appraisal amount was $240,000 fair market
value. So if it was compared on a square footage basis, the fair market value of the
property that was proposed to be purchased by the City was approximately $194,000
and the price that was negotiated was 50% of the fair market value, which was $97,000.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 6
Council Member McCracken said the group of citizens was asking the City to purchase
the entire piece of property, but that was not what was happening with Item A15, it was
purchasing only part of it and allowing Mr. Hance to hold the remainder.
Mr. White said the City could not purchase from Mr. Hance more than the property that
was being proposed on Item A15, the reason was that in order for Mr. Hance to
purchase the property, he had to agree and it was in his agreement with OCTA, that he
would obtain a rezoning on the remaining portion of the property and use it for parking
for his current business. If the City turned down the zoning and/or turned down the
abandonment of Vermont Avenue right of way, then the City could not purchase the
property, the purchase agreement became null and void and the status would remain as
it was this date. OCTA would still own the property; they would have the right to do with
it as they chose.
Mayor Daly clarified that under that scenario, the City would have first choice at the
property.
Mr. White said state statute required that public agencies are required to offer property
to other governmental agencies before it is sold to private parties.
Council Member McCracken said that unless Council changed the zoning, it would still
remain appropriate to that particular street.
Mr. White responded that was what was under C4 and if Council did not approve C4,
even if they had approved the purchase agreement, the agreement would become null
and void because they did not fulfill one of the contingencies.
Mayor Daly asked staff to respond to the points raised regarding Item A2, the five-year
agreement with Environmental Golf for maintenance of the City's golf courses.
Community Services Director, Chris Jarvi, acknowledged that City employees had done
an outstanding job at the golf courses. He said the first question brought up was what
was the City's objective and he responded that in the last privatization study on the golf
courses, Council established a goal for the golf operation to provide the best possible
quality of golf at the lowest possible cost. He said that was and remained the objective.
The next question raised, what was the impact on the quality of the maintenance, Mr.
Jarvi said that was also management's concern, as well as labor's concern. He said
they wanted to make sure that the quality of the course was maintained and that the
City's economic investment was also maintained. He said they believed it could be
done, staff had written very tight specifications reflective of exactly the same type of
work that went on now at the courses and the employees had input on the specifications
to make sure they were accurate. Secondly, he said both the Golf Commission and staff
did on-site visitations of the Environmental Golf courses to determine the quality of
maintenance on their courses. He said the U S Golf Association did agronomic studies
and the return was quite high. He added that they did reference and financial checks
and there was stiff penalties for non-compliance.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 7
Responding to the question regarding lack of competition, Mr. Jarvi said the City
received three bids, one was considered non-responsive because of the process and
two met the requirements.
He summarized that he felt staff was recommending an action that did protect the City's
investment in the golf course and did improve the City's revenue stream and he
regretted that it impacted good employees but the City was recommending they be
protected and absorbed in the City's employee pool because they were good
employees.
Mayor Daly said the proposal before the Council predicted and guaranteed a savings to
the City of $4 million over five years, in addition, there was a $200,000 per year fund
created and he asked Mr. Jarvi to explain how that worked.
Jack Kudron, Superintendent of Parks and Golf, explained the $200,000 that was
contained in the bid from Environmental Golf was over and above and was meant to be
for major maintenance and small capital projects that could be carried out by
Environmental Golf or by the City depending on the type of the project.
Mayor Daly asked if the use of the funds was limited to maintenance.
Mr. Kudron responded that it was limited to maintenance or small capital projects over
$10,000. He added that anything under $10,000 as a cost of an improvement, was the
responsibility of Environmental Golf in the contract. He said the $200,000 came from the
City's budget, $100,000 was budgeted per golf course.
Mayor Daly asked if there were any funds left over at the end of the five years, would the
funds revert to the City and Mr. Kudron responded yes. Mayor Daly asked how the
performance of the contractor would be evaluated.
Mr. Kudron said the contractor could be removed with a 15-day notice, with or without
cause. Answering the Mayor's question about performance measures, Mr. Kudron said
the most important was that the City would retain one of the golf course superintendents
to be a full time inspector and to be the liaison with the contractor and their maintenance
practices. He noted there would be regular inspections and meetings set up, strict
penalties that were measurable were written into the contract.
Regarding the renewal clause contained in the contract, Mr. Kudron responded that if
the City re-negotiated an agreement with Environmental Golf at the end of five years, it
would come back to Council for approval.
Council Member Kring asked that if the employees would be kept at the same salary and
benefits they currently had.
Mr. Kudron said Item ^4 was the settlement agreement and it said if the employee was
assigned to a vacancy in the City at a lower pay, the employee would be Y-rated for a
year, meaning his or her salary and benefits would be the same for one year. He
explained the opportunities for promotion.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 8
Council Member Feldhaus said he believed that the City would be reimbursed for the
first six months for the current rate of pay that the employees are currently earning.
Mr. Kudron said the agreement said that any City employee that works under
Environmental Golf for the transition period, the first six months, made exactly what they
were making now and Environmental Golf would reimburse the City for that cost. He
said all employees, until they were transitioned to another specific position in the City,
would remain at their current salary and benefits. He said by nature of vacancies
occurring, there would be vacancies that occurred that were at a lower pay level, if
someone was assigned to the lower pay level, they were Y-rated at their current salary
and benefits for one year.
Council Member Feldhaus asked if AMEA agreed to that and Mr. Kudron responded yes.
Council Member Feldhaus said he wished he could assure them that they would not
earn less than what they were currently earning. He asked if they would be eligible for
pay increases. Mr. Kudron said they would, they retained all their City benefits, services
and rights.
Council Member Feldhaus said he wished to place a motion on the floor that none of the
current employees would be paid less than what they were currently earning. He said if
the City was saving $5 million over the period of time, it seemed to him the cost of
continuing the employees at their current wage should not be a lot of money.
City Manager Ruth said that consideration had not been factored in, that it would be
taken from the anticipated $4 million savings.
Council Member Feldhaus asked if the City had a dollar amount. He said his suggestion
was that whatever they were earning now, if they were an acceptable at will employee,
they would continue to receive that minimum over the next 18 months or until they made
a transition to something.
Mr. Kudron said they could guarantee it to anyone for the first 18 months, it would not be
a huge impact on the savings. He said it was important to note that Environmental Golf
would not be liable for that, it would come from the savings.
Council Member McCracken said she had expressed her concern that the contract
sounded too good to be true and she asked about the investigation.
Mr. Kudron said staff had looked at two municipal golf courses that Environmental Golf
had run for many years, Alhambra and Burbank. He said that they maintained both of
the courses for less than what they proposed in Anaheim. He said the specifications for
Anaheim were different and the City set out in the evaluation was to compare what the
City set out for their specifications versus what Environmental Golf was charging. He
said that being a large, nation wide company; Environmental Golf had tremendous
opportunity in the market place in buying discounts. He said the savings was not just in
labor, but through their efficiencies and through their national buying power.
Council Member Tait asked what the total savings were and Mr. Kudron said the savings
and cost avoidance combination was over $4 million.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 9
Council Member Tait asked how long the negotiation with the labor association had been
going on and Mr. Kudron said over the last four or five months after the bids were in.
Council Member Tait said it was important that the employees be treated fairly, but
cautioned breaking or changing the agreement at the 11th hour.
Mayor Daly seconded Council Member Feldhaus' amendment, for the sake of
discussion. He suggested that the Council consider Environmental Golf's five-year
agreement, Item A2, and Item A4, the agreement with AMEA, be considered separately
along with Council Member Feldhaus' motion.
City Attorney White said the amendment should be made to Item A4, but technically the
City would have to meet and confer with AMEA for any change in the agreement that
had already been approved by AMEA. He said if staff were given direction under Item
A4, staff would meet with AMEA and make sure they agree to the change as well.
Mayor Daly asked if the $4 million savings was committed in any way and Mr. Ruth
responded that it was not committed, staff would return to Council with a series of
recommendations in terms of not only golf needs for major capital improvements but
also park needs. He said it probably would occur at mid year budget review.
City Manager Ruth suggested the Council consider adoption of the item, staff would
negotiate the amendment, to guarantee that no employee would take a reduction for the
18th month period of time.
Mayor Daly commended City Manager Ruth and his staff for the excellent way in which
the matter was treated and he suggested that the Council receive progress reports and
any issues regarding the maintenance of the golf courses.
Council Member Kring asked if the agreement was approved this date, when it would
take effect. Mr. Kudron responded that the agreement spelled out no earlier than 30
days, no later than 60 days. If approved this date, Mr. Kudron said staff would aim for
December 1st.
Item A2, five year agreement with Environmental Golf to maintain the City's two golf
courses at an annual cost of $1,279,656 for each of the first two years with increases
granted for the last three years based on the Consumer Price Index, Mayor Daly moved
to approve, seconded by Council Member Tait. Motion carried with 4 ayes, Council
Member McCracken voted no.
Item A4, RESOLUTION NO. 2000R-221 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving a mitigation agreement between the Anaheim
Municipal Employees Association, General Employees, and the City of Anaheim.
Council Member moved that paragraphs one, two, three and four of the agreement
reflect that none of the golf course maintenance service providers shall, during the 18
month transition period, be paid any less than their current salaries including whatever
benefits they currently enjoy.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 10
City Manager Jim Ruth said it was estimated to cost about $50,000, which could be
absorbed and he supported the recommendation by Council Member Feldhaus.
Motion seconded by Mayor Daly.
Council Member Tait, referring to the amendment only, said he felt Council should not
change the bargained agreement and he would vote against the amendment.
Vote on amendment: Ayes - 4, Council Members Feldhaus, Kring, McCracken, Mayor
Daly. Noes- 1, Council Member Tait. Motion carried.
Mayor Daly offered Resolution No. 2000R-221, which now continued the amendment,
Roll call vote: Ayes - 5. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 -A17:
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. Mayor Daly
offered the remainder of the Ordinances and Resolutions for adoption.
Motion carried unanimously, Council Member McCracken voting no on Item A15,
Council Member Tait abstaining on A18, Council Member Feldhaus abstaining on Item
A7 and Council Member Tait abstaining on Item AS.
105,
123
177-
153
174
Al.
A2.
A3.
A4.
Receive and file copy of Resolution No. 2000/2001-03 and corresponding map
which modifies Magnolia School District school facilities fees imposed on new
development; minutes of Anaheim Public Library Board meeting held on
September 6, 2000; correspondence from Federal Energy Regulatory
Commission dated September 26, 2000, and notice regarding Pacific Bell's
Application to Propose Pricing Flexibility and Price Increases for Business
Access Lines.
Approve a five-year agreement with Environmental Golf to maintain the City's two
golf courses at an annual cost of $1,279,656 for each of the first two years with
increases granted for the last three years based on the Consumer Price Index.
Approve the revised Citizen Participation Plan (CPP) for federal entitlement
programs funded by the U.S. Department of Housing and Urban Development
(HUD).
RESOLUTION NO. 2000R-221 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving a mitigation agreement between the
Anaheim Municipal Employees Association, General Employees, and the City of
Anaheim.
182
182
123
123
168
158
179
123
160
142
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 11
A5.
A6.
Appoint Jerome Hunter, Ed.D, to the Anaheim Workforce Investment Board
(WlB) representing the North Orange County Community College District
(NOCCCD) under the Education Membership category to a five-year term.
Approve and authorize the Mayor to execute the Application for Workforce
Investment Board Certification under the Workforce Investment Act of 1998.
A7.
Approve the Agreement between the City of Anaheim and the Anaheim Fall
Festival in the amount of $5,000 for the co-sponsorship of the Fall Festival on
October 21, 2000.
A8.
Accept the bid and authorize the execution of an Agreement with Pacific Bell to
upgrade the 9-1-1 telephone system in accordance with Bid #6003 and waive the
sealed bid requirements of Council Policy 306 and authorize the Purchasing
Agent to issue a purchase order to Romac Systems, Inc., in the amount of
$143,581.26 (including tax) for furniture and equipment for the Police Department
Communication Center.
A9.
RESOLUTION NO. 2000R-222 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM naming a newly created cul-de-sac as West Place
(south of Ball Road and west of Disneyland Drive).
Al0. Approve an agreement for dedication of street right-of-way at the southeast
corner of State College Boulevard and Lincoln Avenue.
All.
A12.
Adopt a Negative Declaration of Environmental Impact for the street widening
improvement and appurtenant works along the west curb of Ninth Street from
655 feet north of Orangewood Avenue to 890 feet north of Orangewood Avenue.
Waive Council Policy 306 and authorize the Chief of Police to execute an .
agreement with Wellness Solutions, in an amount not to exceed $77,250, to
provide a fitness/wellness program for Anaheim Police Officers as provided for in
the Memorandum of Understanding between the Anaheim Police Association
and the City of Anaheim. (Continued from City Council meeting of October 10,
2000, Item A15.)
A13.
ORDINANCE NO. 5738 (ADOPTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending Section 1.04.240 of the Anaheim Municipal Code to
authorize the use of purchase cards for purchases of supplies by City
departments. (Introduced at the meeting of October 10, 2000, Item A12.)
Mayor Daly requested staff prepare an annual status report on expenditures for Council
review.
A14.
ORDINANCE NO. 5739 .(ADOPTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending Section 6.44.010 of Chapter 6.44 of Title 6 of the
Anaheim Municipal Code to include abandoned wells as public nuisances.
(Introduced at the meeting of October 10, 2000, Item A13.)
158
105
173
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 12
A15.
Approving a Land Sale Agreement between the City of Anaheim and Charles
E. Hance for the acquisition by the City of certain remnant state parcels located
east of the Santa Ana Freeway, nodh of Vermont Avenue and west of
Cottonwood Circle in the City of Anaheim.
Council Member McCracken voted no on Item A15.
Mayor Daly explained that he supported the item because he believed that the
acquisition of a park was important. It was not a perfect solution, he mentioned, but a
step toward a solution. He said that if the reclassification was approved and the City did
not agree to purchase some of the property, the City would lose a park.
A16.
Direct the City Clerk to post Notice of Unscheduled Vacancy, per Government
Code Section 54974, for the vacancy created by Katherine Tikker's resignation
from the Anaheim Redevelopment and Housing Commission, term to expire June
30, 2001.
A17.
To consider the extension of the response time for the Taxicab Requests For
Proposals due October 20, 2000. Approval of this item extended the deadline
for RFP's to October 30, 2000, 4:00 PM.
END OF CONSENT CALENDAR
158
A18.
RESOLUTION NO. - ........ A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM for acquisition of certain real property located at 2099
South State College Boulevard.
City Manager noted that staff requested Item A18 be withdrawn.
Items B1 throuRh B9 From Plannin,q Commission Meetin,cj of September 25~ 2000;
(No action necessary unless Council desires to set a particular item for public hearing.)
APPEAL PERIOD ENDS OCTOBER t7, 2000:
179
B1,
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04252
AND CATEGORICAL EXEMPTION-CLASS 5
OWNER: Lester E. Tjelmeland, 18621 Arc Way, Yorba Linda, CA 92886
AGENT: Jeffrey C. Jonsson, 22365 El Toro Road #150, Lake Forest, CA 92630
LOCATION: 1420 and 1426 North Burton Place. Property is 1.16 acre located
on the east side of Burton Place, 345 feet south of the centerline of Via Burton
Street. To permit the retail sale and installation of tires and wheels in conjunction
179
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CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 13
with a wholesale tire warehouse with waiver of minimum number of parking
spaces.
ACTION TAKEN BY PLANNING COMMISSION:
CUP NO. 2000-04252 granted (PC2000-110) (7 yes votes).
Waiver of Code Requirement approved.
Mayor Daly questioned the retail sale of tires from a wholesale dealer and he noted one
of the findings from Planning Commission was that this would not be a retail business
and would not attract retail customers.
Greg Hastings, Planning Department, clarified that was correct; the primary use would
be for wholesale and a small amount of retail.
B2,
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04253
AND NEGATIVE DECLARATION
OWNER: Corporation of the Presiding Bishop of the Church of Jesus Christ
of the Latter Day Saints, 50 East Nodh Temple Street, Salt Lake City, Utah
84150
AGENT: Shirl Cornwall or Kent Cornwall, 234 North El Molino Avenue,
Pasadena, CA 91101
LOCATION: 1518 West Westmont Drive. Property is 0.29 acre located on
the south side of Westmont Drive, 355 feet east of the centerline of Loara Street.
To permit and construct a parking lot for an existing church with waiver of (a)
institutional uses adjacent to residential zones and (b) minimum parking lot
landscaping.
ACTION TAKEN BY PLANNING COMMISSION:
Waiver of Code Requirement denied (7 yes votes).
CUP NO. 2000-04253 denied (PC2000-111) (5 yes votes: Commissioners
Arnold, Bristol, Koos, Napoles, and Vanderbilt; Noes: Commissioners
Bostwick and Boydstun).
Negative Declaration approved (4 yes votes: Commissioners Arnold, Bristol,
Bostwick, and Boydstun; Commissioners Koos, Napoles, and Vanderbilt voted
no),
Set for public hearing on November 7, 2000.
B3.
CONDITIONAL USE PERMIT NO. 2000-04254AND CATEGORICAL
EXEMPTION-CLASS 32
OWNER: Knott Avenue Christian Church, Attn: Sharon Pierce, 315 South
Knott Avenue, Anaheim, CA, 92804
LOCATION: 315 South Knott Street. Property is 5 acres located on the west
side of Knott Street, 845 feet north of the centerline of Orange Avenue (Knott
Avenue Christian Church).
To permit two (2) modular buildings to be used for classrooms in conjunction
with an existing preschool and church.
179
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OCTOBER 17, 2000
PAGE 14
ACTION TAKEN BY PLANNING COMMISSION:
CUP NO. 2000-04254 withdrawn (7 yes votes).
B4.
CONDITIONAL USE PERMIT NO. 3935 (CUP TRACKING NO. 2000-04255)
AND NEGATIVE DECLARATION
OWNER: M&M Invesco Inc., 6732 Westminster Boulevard, Westminster, CA
92683
AGENT: Bhikhu Patel, 6732 Westminster Boulevard, Westminster, CA 92683
LOCATION: 1125 North Magnolia Avenue. Property is 1.5 acre located on
the west side of Magnolia Avenue, 280 feet north of the centerline of La Palma
Avenue (Magnolia Plaza Office Building).
To consider reinstatement of this permit which currently contains a time
limitation (reinstated on August 2, 1999, to expire July 21, 2000) for a
previously-approved 2,876 square foot restaurant and 5,760 square foot
banquet facility with on-premises sale and consumption of alcoholic
beverages.
ACTION TAKEN BY PLANNING COMMISSION:
CUP NO. 3935 approved for one year (PC2000-112) (6 yes votes,
Commissioner Bostwick absent).
Negative Declaration previously approved.
Mayor Daly clarified that the reinstated permit was for a 12-month period and a new
CUP would have to be applied for.
B5.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04256
AND NEGATIVE DECLARATION
OWNER: Atlantic Richfield Company, P.O. Box 2485, Los Angeles, CA 90051
AGENT: RHL Design Group, Attn: Jim Forgey, 1201 South Beach Boulevard,
La Habra, CA 90631
LOCATION: 1201 South Brookhurst Street. Property is 0.6 acre located at
the southwest corner of Ball Road and Brookhurst Street (Arco AM/PM
Service Station).
To permit and construct a new service station with a convenience market with
waiver of (a) maximum area of monument sign (deleted), (b) maximum height
of monument sign (deleted), (c) maximum width of monument sign, and (d)
required landscaping adjacent to interior site boundary.
ACTION TAKEN BY PLANNING COMMISSION:
Waiver of Code Requirement approved in part (a, b, c, denied; d approved).
CUP NO. 3935 granted in part (PC2000-113) (7 yes votes).
Negative Declaration approved.
Council Member Feldhaus asked if the beer and wine permit was discussed at the
Planning Commission meeting.
Greg Hastings, Planning Department, answered that the property was in the Brookhurst
Corridor Commercial Overlay Zone, which prohibited alcohol sales.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 15
REPORT AND RECOMMENDATION ITEMS:
179
B6.
CONDITIONAL USE PERMIT NO. 4141 (CUP TRACKING NO. 2000-04260)
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE
AND NEGATIVE DECLARATION
Kevin Parker, Swain Sign Company, 1384 East Fifth Street, Ontario, CA 91764,
request for determination of substantial conformance with previously-
approved plans and Stadium Crossings Sign Program for modifications to wall
signs. Property is located at 2005 East Katelia Avenue (Denny's Diner).
ACTION TAKEN BY PLANNING COMMISSION:
CUP NO. 4141 determined to be in substantial conformance (7 yes votes).
Negative Declaration previously approved.
179
B7.
CONDITIONAL USE PERMIT NO. 4104 (CUP TRACKING NO. 2000-04273)
REQUEST FOR RETROACTIVE EXTENSION OF TIME
AND NEGATIVE DECLARATION
David Rose, 3870 La Sierra Avenue, Suite 193, Riverside, CA 92505, request
for a retroactive extension of time in order to comply with conditions of
approval (to permit the conversion of the service station auto repair/cashier
building into a convenience market with retail sales of beer and wine for
off-premises consumption with waiver of minimum landscaped setback
adjacent to an arterial highway). This petition was originally approved on May 4,
1999 and to expire on May 4, 2000. Property is located at 3101 East La Palma
Avenue (Arco Service Station).
ACTION TAKEN BY PLANNING COMMISSION:
Approved extension of time for CUP NO. 4104 to expire 5-4-2001 (7 yes votes).
Negative Declaration previously approved.
179
B8.
VARIANCE NO. 4349 (VARIANCE TRACKING NO. 2000-04410)
REQUEST FOR RETROACTIVE EXTENSION OF TIME
AND EXEMPTION SECTION 15061(b)(3)
Donna Currie, 7570 E. Martella Lane, Anaheim, CA 92808, request for
retroactive extension of time in order to comply with conditions of approval for
Variance No. 4349 (waiver of minimum front yard setback to construct a 485
square foot garage addition to an existing single-family residence). This petition
was originally approved on June 7, 1999 and expired on June 7, 2000.
Property is located at 7570 E. Martella Lane.
ACTION TAKEN BY PLANNING COMMISSION_:
Approved extension of time for Variance No. 4349 to expire 6-7-2001 (7 yes
votes).
Exemption Section 15061(b)(3) concurred with staff.
ORDINANCE FOR ADOPTION:
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CITY OF ANAHEIM
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OCTOBER 17, 2000
PAGE 16
B9.
ORDINANCE NO. 5740 (ADOPTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 99-00-19). (Introduced at
the meeting of October 10, 2000.)
Mayor Daly offered Ordinance No. 5740 for adoption.
Roll call vote: Ayes - 5. Noes - 0. Motion carried.
6:00 P.M. Public Hearings:
176
Cl.
PUBLIC HEARING - ABANDONMENT NO. 99-21A:
To consider the abandonment of storm drain, water, public utility, equestrian and
hiking trail easements located at Country Hill Road (Tentative Tract 15927).
At their meeting held September 19, 2000, the Anaheim City Council adopted
Resolution No. 2000R-190 declaring its intention to vacate certain public streets,
highways, and service easements, and to consider the abandonment of storm
drain, water, public utility, and equestrian and hiking trail easements located at
Country Hill Road (Tentative Tract 15927).
REQUESTED BY: Nicholson Construction Company, 1421 N. Wanda Road,
#160, Orange, CA 92867.
Natalie Meeks, Public Works Department, gave staff report.
Mayor Daly opened the public hearing and hearing no testimony; he closed the public
hearing.
Mayor Daly moved to approve the CEQA finding, categorically exempt, Class 5,
seconded by Council Member McCracken. Motion carried unanimously.
Mayor Daly offered Resolution No. 2000R-223 for adoption. Roll call vote: Ayes - 5.
Noes - 0. Motion carried.
RESOLUTION NO. 2000R-223 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS FOR ABANDONMENT NO. 99-21A
179
C2.
CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04221
AND NEGATIVE DECLARATION:
OWNER: Evergreen Royalle, 12631 Sunswept Avenue #1, Garden Grove, CA
92843
AGENT: O'Neal Communications Group, Attn: Saied Naaseh, 18500 Von
Karman Avenue #870, Irvine, CA 92612
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 17
LOCATION: 1919 East Center Street. Property is 3.1 acres located on the north
side of Center Street, 310 feet west of the centedine of State College Boulevard
(Evergreen Motel).
To construct a telecommunications monopole (flagpole) with waiver of minimum
interior yard setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04221 GRANTED IN PART (PC2000-93) (5 yes votes,
Commissioners Boydstun and Bristol absent).
Denied waiver of code requirement.
Approved Negative Declaration.
Informational item at the City Council meeting of August 29, 2000, Item B1.
Review of the Planning Commission's decision requested by Mayor Daly and
Council Member McCracken.
Continued from meeting of September 26, 2000, Item C4.
Mayor Daly noted a staff report from Planning, which is available in the City Clerk's
Office. He said he had asked questions regarding the maintenance of the flag to be
flown from the telecommunications tower. He said he was satisfied with the response
from staff.
Council Member Kring clarified a typographical error, Recommendation No. 1, it shall be
permitted for five years, to expire in 2005.
Council Member Tait said he perceived a potential conflict of interest, adding he would
abstain from voting on the item.
Mayor Daly opened the public hearing.
Gil Gonzalez, O'Neal Communications, thanked the Planning Commission and staff for
their assistance.
Mayor Daly asked if he was in agreement with the most recent repod from Planning
Department and he responded that he was.
Hearing no further testimony, Mayor Daly closed the hearing.
Mayor Daly moved to approve the CEQA environmental finding, Negative Declaration,
seconded by Council Member McCracken. Motion carried unanimously.
Mayor Daly offered Resolution No. 2000R-224 for adoption, noting it was a five-year
permit.
Roll call vote: Ayes - 4: Mayor Daly, Council Members McCracken, Kring, Feldhaus.
Council Member Tait abstained. Noes - 0. Motion carried.
170, 179
C3.
CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2000-
00376
(GPA TRACKING NO. 2000-00383)
CODE AMENDMENT NO. 2000-00002
AMENDMENT TO TITLE 18 "ZONING"
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 18
(ZCA TRACKING NO. 2000-00003)
RECLASSIFICATION NO. 2000-00023
(RCL TRACKING NO. 2000-00033)
AND MITIGATED NEGATIVE DECLARATION
REQUEST FOR CITY COUNCIL REVIEW:
REQUESTED BY: City of Anaheim (Redevelopment Agency), At'tn: Rob Zur
Schmiede, 201 South Anaheim Boulevard, 10th floor, Anaheim, CA 92805
LOCATION: Subject area consists of approximately 430 acres located along,
and surrounding, Anaheim Boulevard between Broadway to the north and the
Santa Ana (I-5) Freeway to the south.
To consider modifications initiated by staff subsequent to the Planning
Commission's prior actions related to the following items:
General Plan Amendment No. 2000-00376 - A proposed amendment to the Land
Use Element of the General Plan to: a) redesignate properties from the General
Industrial, General Commercial, Medium Density Residential and Low Density
Residential designations to the Low-Medium Density Residential designation; b)
redesignate properties from the General Industrial, Business Office/Mixed
Use/Industrial, Commercial Professional, Medium Density Residential and Low-
Medium Density Residential designations to the General Commercial
designation; c) redesignate properties from the General Commercial, Medium
Density Residential, and Low Density Residential designations to the
Commercial Professional designation; and, d) redesignate properties from the
General Commercial and Medium Density Residential designations to the
Special Park Site designation.
Code Amendment No. 2000-00002 - To amend Title 18 by establishing the South
Anaheim Boulevard Corridor (SABC) Overlay Zone which would serve to: a)
permit new land uses in the Overlay Zone area in addition to those allowed under
existing zoning; b) establish a design review process for future development
projects within the Overlay Zone area; c) adopt, by reference, a Master Plan for
public and private landscaped areas; d) restrict establishment of additional
locations for off-premises sales of alcoholic beverages, and; e) adopt a sign
amortization program which would require the removal of freestanding signs not
in conformance with the sign regulations contained within the Anaheim Municipal
Code after a 15-year amortization period.
Reclassification No. 2000-00023 - To reclassify subject area by combining the
South Anaheim Boulevard Corridor ($A6C) Overlay Zone with each parcel's
existing underlying zoning designation while removing certain properties located
south of the Southern California Edison Easement from the Resolution of intent
to ,°~ports I::ntertainment (SE) Overlay Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Exhibit "A" to City Council (PC2000-60) (5 yes votes,
Commissioners Bostwick and Boydstun abstained). Recommended adoption of
Exhibit "B" to City Council for GPA NO. 2000-00376 (GPA TRACKING NO. 2000-
00383) (PC2000-99) (5 yes votes, Commissioners Bostwick and Boydstun
absent).
Recommended adoption to City Council of Code Amendment No. 2000-00002
(ZCA TRACKING NO. 2000-00003).
Granted Reclassification No. 2000-00023 (RCL TRACKING NO. 2000-00033)
(PC2000-61) and (PC2000-100).
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 19
Approved Mitigated Negative Declaration.
Set for public hearing June 20, 2000, due to GPA No. 2000-00376. Approved
request for City Council review.
Public hearing continued from the meetings of June 20, 2000, Item C2, August 8,
2000, Item C3, August 29, 2000, Item C2, September 19, 2000, Item C1, and
October 10, 2000, Item C1.
Mayor Daly indicated that staff had requested a continuance on the General Plan
Amendment No. 376 and hearing no objections, he moved to continue to November 14,
2000. Seconded by Council Member McCracken. Motion carried unanimously.
179
C4.
CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 2000-00020:
OWNER: O.C.T.A., Attn: Rick Grebner, 550 South Main Street, Orange, CA
92863
AGENT: Chuck Hance, 828 West Vermont Avenue, Anaheim, CA 92805
LOCATION: 867 South Cottonwood Circle. Property is 0.195 acres located on
the west side of Cottonwood Circle, 280 feet west of the centerline of Citron
Street.
To reclassify subject property from the RS-A-43,000 (Residential/Agricultural)
and the RS-7200 (Residential, Single-Family) Zones to CL (Commercial, Limited)
Zone to construct a parking lot for the abutting automotive dealership facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2000-00020 GRANTED (PC2000-70) (7 yes votes).
Approved Negative Declaration.
Informational item at the City Council meeting of June 13, 2000, Item B10.
Review of the Planning Commission's decision requested by Mayor Daly and
Council Member McCracken.
Continued from the meetings of July 25, 2000, Item C6, August 8, 2000, Item C2,
September 19, 2000, Item C2, September 26, 2000, Item C3, and October 10,
2000, Item C2
Mayor Daly opened the public hearing.
Brad Knypstra, attorney for Mr. Hance, said Mr. Hance needed the rezoning to qualify to
purchase the option land to facilitate parking that he lost during the I-5 expansion. He
said he met with the City Attorney and he felt this was a compromise between all parties.
He said Mr. Hance would be giving up 83 percent of the land that he would be picking up
from OCTA and sell it half price to the residents that wanted the park, adding that was a
good trade off. With the trade off, he would only get 19 parking places, Mr. Knypstra
explained. He said the rezoning would only go to the corner lot at the corner of Vermont
and Cottonwood, plans had been approved to landscape the wall. He said the plans
would decrease the view of the existing business. He said if Mr. Hance did not get the
rezoning, he would lose the option on the land. He said if the property reverted to
OCTA, he said he had a memo from the City that said it was likely that the City would
have to purchase the land at fair market value, which would be twice the amount that Mr.
Hance was willing to sell it for.
Regarding Mr. Knypstra's statement about the land reverting to OCTA and the City
having to purchase the land at fair market value, Mayor Daly wondered if that was the
situation.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 20
Lori Heulan said the neighborhood did not want the property rezoned, they wanted it to
remain residential and she asked that everyone in attendance wishing it to remain
residential to please stand. There were about 15 people indicating they wished to have
it remain residential. Regarding Mr. Knypstra's statement about calling them to review
the plans, she said he did not leave a phone number where he could be reached.
Michelle Morton, Citron/Haster Neighborhood Council, reported that at a prior Council
meeting, before he obtained an attorney, Mr. Hance said he would sell the residents the
land for the same amount of money he purchased it from OCTA. She said he was not
doing that by selling it for $97,000. She asked if the land was rezoned to commercial,
what would stop Mr. Hance from developing it into something else beside a parking lot.
Ricky Rubio, 1010 S. Cambridge, referred to Article 6, "No conditional use permit shall
be required as a result of this transaction of the parking lot development." He said if it
was zoned commercial, there was nothing to prohibit him from turning it into something
other than a parking lot. He said the residents also wanted to view the plans that he
submitted. Mr. Rubio asked the City to be fair to the residents in the area and develop
the area into a park.
Mayor Daly asked for clarification of two points. One, the proposal was to reclassify the
property to commercial and another proposal to install a parking lot. He asked if the
reclassification was granted and the parking lot installed was there anything else the
owner could do without a conditional use permit.
Joel Fick, Planning Director, responded that the reclassification had a condition that
required a lot line adjustment to be completed prior to the rezoning which would combine
the property, physically and legally, with the existing parcel. He said that because of the
number of commercial units existing on the site, anything that would be done with the
existing buildings would require a conditional use permit. He said if the entire business
left, the entire site could go for whatever business would be permitted for a commercial
zoning.
Mayor Daly asked if the current use/business was sold and another company proposed
to use the 19 parking places for storage of vehicles, could the new owner accomplish
that.
Mr. Fick responded no, one of the conditions for the combining of parcels was specific
so it would be integrated with the existing business and it would require a conditional use
permit for the site.
Mayor Daly asked how much of the property Mr. Hance was purchasing from OCTA
would be subject to the new proposed new commercial classification, was it just the site
of the 19 parking places,. 195 acres.
Natalie Meeks responded that the area to be used for the parking lot was the abandoned
right of way of Vermont Street plus about 17% of the land he was purchasing from
OCTA. Those two pieces together was proposed to be rezoned commercial, she added.
Mayor Daly asked if the remainder of the site would stay residential and Mr. Fick
responded affirmatively. Mr. Fick clarified that the Mayor had mentioned 19 parking
spaces and he noted the precise number of spaces would be determined when the final
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 21
plan was submitted that complied with all code requirements, including landscaping on
the site.
Mayor Daly wondered how much land and for how much money was Mr. Hance
proposing to purchase from OCTA, excluding the south property.
Natalie Meeks informed that the area that Mr. Hance would purchase from OCTA was
20,751 square feet and according to his agreement with OCTA, the purchase price was
$100,000. She added that about 3,500 square feet of the 20,751 square feet was
subject of the reclassification. The remainder, 17,211 square feet was proposed to be
sold to the City for $97,000 plus reimbursement to Mr. Hance for costs he incurred in
purchasing the property from OCTA, between $5,000 and $8,000.
Council Member Kring asked Ms. Meeks how much Mr. Hance was paying the City for
the abandonment and she responded $3,900.
Council Member McCracken asked, when speaking about a lot consolidation, did staff
include the southern portion and Ms. Meeks said no, there was no requirement to
combine the southerly portion of Mr. Hance's property.
Brad Knypstra, attorney for Mr. Hance, said he had met with the City Attorney on
Wednesday, he delivered the signed agreement on Friday and tried to meet with the
residents. He said there was nothing in the Constitution to require Mr. Hance to sell his
option for anything less than fair market value, but he was doing that as a compromise.
Regarding the abandonment, Mr. Knypstra said his legal opinion was that the
abandonment had already reverted to Mr. Hance but in negotiation with Mr. White and
other staff members, he was willing to concede that Mr. Hance would pay the $3,900 just
to dispense with the issue. He said that Mr. Hance was giving up 83% to mitigate the
17% he was keeping, giving it up at half price, which he felt was a good deal for the City.
He said in the Planning Commission report of May 22, 2000, the memo indicated that
the surplus property was not suitable for a park and while suitable for landscape and
beautification purposes, it would have to be purchased at fair market value as well as
complete with other City projects. He said it seemed unfair that maybe the City could
get a better deal from OCTA than what Mr. Hance had negotiated. Mr. Knypstra said the
property appraised at $194,000 and Mr. Hance was willing to sell it to the City for
$97,000, willing to pay the City $3,900 for the abandonment area and he was asking for
his costs to be paid.
Mayor Daly asked why Mr. Hance had not looked to the south side of the property to add
more parking, which he had the right to use.
Mr. Knypstra said his understanding was that during the negotiation with CalTrans, Mr.
Hance had attempted to secure a pre-file, a glimpse of what the City would think of him
utilizing the south parcel for parking. He said he thought the response was in the
negative, that the City would not be inclined to allow him to park there. He said he had
letters from the City encouraging Mr. Hance to facilitate the parking at the north of the
property. Mr. Knypstra said based on that point, he negotiated with OCTA to buy the
property on the north side of the property, OCTA made the requirement that he had to
get it rezoned to commercial for parking purposes before they would sell him the option
at the $100,000.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 22
Mayor Daly asked for clarification, was Mr. Knypstra saying that City staff discouraged
Mr. Hance pursuing any parking solution to the south and encouraged him to pursue
parking solutions to the north.
Mr. Knypstra said his understanding was that Mr. Hance had filed a pre-file to get a
glimpse of what the City would say about him parking to the south. He said he did not
know the exact terminology, but the response was in the negative, they did not think that
was a good idea. Mr. Hance also told Mr. Knypstra that at some hearing that Mr.
Hasting testified at, that he would be supportive of him doing the parking on the north
side of the property.
Mayor Daly asked how large the property was to the south and Mr. Hastings responded
that it was .87 acre, about 9/10 of an acre.
Hearing no further testimony, Mayor Daly closed the public hearing.
Council Member McCracken wondered if the land was rezoned commercial could
someone buy it and remove the buildings and change the configuration.
Mr. Fick answered this property, as any property in the City zoned commercial, if
buildings were taken down and a new use was taken in, it could happen on this property
as well. He added the northerly lot could be incorporated in with a new single use
commercial development over the entire site. He said on the northerly arm, for
commercial development, there were setbacks both from the freeway and from street
frontages and adjoining properties and there were easements on properties. There were
site development constraints from a practical development point, he noted.
Council Member Feldhaus noted there were other uses that could be built on the site
that was far more intrusive to the neighborhood than the Corvette dealer.
Council Member Tait said he thought Council Member Feldhaus was saying that if the
site was scraped and the owner started all over, they could, but practically it could not
happen.
Mayor Daly noted that the current commercial land would expand by 2/10 of an acre and
Mr. Hance was proposing to do parking on the 2/10 of an acre now but it will be
commercial land so other commercial uses could occur in the future.
Council Member Feldhaus added that it was contiguous to the residential land, which
automatically put constraints on the property.
Upon a question by Council Member Kring, Mr. Fick answered that for the existing
situation, that site, because of the lot line adjustments that are required in order for the
property to be rezoned, any new use on the property right now would require a
conditional use permit. He said right now, as the property exists, absent any rezoning
that is being considered, could have another use in the commercial zone. The only
difference, if the property was rezoned by the City, the parcel could be a part of the new
development.
Mayor Daly pointed out that Mr. Hance's existing commercial property adjacent to the
property being considered, the existing Coast Corvette property, was the only
commercially zoned property in the neighborhood and it was surrounded on three sides
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 23
by residential and on the fourth side by the freeway. He said he felt Council should not
allow any further encroachment on the residential neighborhood, especially with the
strong feelings of the neighborhood. He said Mr. Hance had options if he wanted to add
parking to the Coast Corvette property, he had eight tenths of an acre on the south side.
He said that was why he would oppose the reclassification.
Council Member Kring mentioned that Mr. Knypstra said Mr. Hance had done a pre-file
and the City indicated they were opposed to him parking on the southern property and
she asked Mr. Fick to comment.
Planning Director Fick said there was a pre-file submitted, although staff did not have a
copy because it was more than two years old and the action was never filed and
pursued. He said on the site, to the best of staff's recollection, the property was zoned
agricultural to the south and staff informed Mr. Hance, as was the case to the north, that
it was not permitted as a matter of right, that there would be zoning actions required to
be pursued on the site. He added that there were design questions or issues from what
was being discussed with staff. He said the general plan for property to the south was
commercial.
Chuck Hance, applicant, said when he filed the pre-file, which was the first step, he was
told to try to get a permit to do something and that cost $850 and took a certain length of
time to pass. When it came back to him, he said, it said they didn't want him to expand
his parking over there, it would be expanding his commercial operations and they didn't
want that and they wouldn't allow it. At a later date, he said, Mr. Hastings testified to that
in court in the CalTrans suit and that was what prompted him to get the option on the
land to the north because OCTA recognized that he had to replace the parking
somewhere or they would be liable for damages for loss of parking. He said relying on
the pre-file that he received a negative response on, it wasn't a suggestion he said, it
was rejected and he did not know there was a way to repeal it. He said if he would have
received a yes, he would have pursued it, instead he received a no, he said.
Mayor Daly asked Mr. Hance to provide a copy of the rejection and Mr. Hance said he
did not have it available. Mayor Daly indicated that Mr. Hance had options available to
him and Mr. Hance responded that he did not know that at the time.
Planning Director Fick said that staff expressed concerns with the very evidence that
was the subject of the public hearing and Mr. Hance filed an application and pursued the
very process he said he did not understand.
Council Member Tait said he appreciated the neighbors' attention to the project. He said
it the Council voted no on the reclassification, there would be a lack of parking and the
customers would then park on the streets. Also, the property would remain in CalTrans
possession and he said he did not think they would sell it to the City for $1 that they
would have a duty to sell it close to the appraised value, so possibly there would not be
a park there. If the Council approved the reclassification, Mr. Hance would get 17% of
the property zoned commercial and the City would have the money to buy the park
property at half price. He said he did not think it was a perfect solution. He indicated
that he would support the reclassification.
Council Member McCracken said she would be voting no, she felt there was another
option, even if the City did not get a park, it was zoned residential and homes could be
built there, which would not be in conflict with the neighborhood. She said extending
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CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 24
commercial into a residential zone where the residential was trying to be restored was
going backwards. As to what CalTrans would do with the remnant property, staff was
negotiating and would have to wait and see.
Mayor Daly moved to approve the CEQA environmental finding, Negative Declaration,
seconded by Council Member Kring. Motion carried unanimously.
Mayor Daly offered a Resolution denying the reclassification.
Council Member TaR mentioned that staff approved the reclassification and Planning
Commission approved it with a vote of 7ayes, 0 noes.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A
CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED
Roll call vote: Ayes - 2: Council Member McCracken, Mayor Daly. Noes - 3: Council
Members Tait, Feldhaus, Kring. Motion defeated.
Council Member Tait offered a resolution approving Reclassification No. 2000-00020.
RESOLUTION NO. 2000R-225 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP
REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE
AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED.
Roll call vote: Ayes - 3: Council Members Tait, Feldhaus, Kring. Noes - 2: Council
Member McCracken, Mayor Daly. Motion carried.
176
C5,
PUBLIC HEARING -ABANDONMENT NO. 00-10A
To consider the abandonment of Vermont Avenue excess right-of-way located
east of the I-5 freeway.
At their meeting held September 19, 2000, the Anaheim City Council adopted
Resolution No. 2000R-191 declaring its intention to vacate certain public streets,
highways, and service easements, and to consider the abandonment of Vermont
Avenue excess right-of-way located east of the I-5 freeway.
REQUESTED BY: Charles Hance, 828 West Vermont Avenue, Anaheim, CA
92805.
Natalie Meeks, Public Works, presented the staff report.
Mayor Daly opened the public hearing.
Brad Knypstra, attorney for Mr. Hance, asked Council to approve the abandonment. He
noted the City requested an appraisal on the property even though he disagreed for
179
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CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 25
legal reasons, they did the appraisal and it came in at $3,900 and they had agreed to
pay the City that amount for the abandonment area.
Mayor Daly closed the public hearing, hearing no further testimony.
Mayor Daly moved to approve the CEQA environmental findings, Categorically exempt,
Class 5, seconded by Council Member Kring. Motion carried unanimously.
Mayor Daly noted he would oppose the abandonment to be consistent with his previous
vote.
Council Member Tait offered Resolution No. 2000R-226, supporting the abandonment.
RESOLULTION NO. 2000R-226 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS FOR ABANDONMENT NO. 00-10A
Roll call vote: Ayes - 3: Council Member Tait, Feldhaus, Kring. Noes - 2, Council
Member McCracken, Mayor Daly. Motion carried.
C6.
PUBLIC HEARING - VARIANCE NO. 4389
(VAR TRACKING NO. 2000-04408) AND NEGATIVE DECLARATION
OWNER: Joon Klm, Goldstone Holdings, LLC, 32685 Caspian Sea Drive, Dana
Point, CA 92629.
AGENT: Steve Sheldon, Sheldon & Associates, 695 Town Center Drive, Suite
410, Costa Mesa, CA 92626.
LOCATION: 511 North Brookhurst Street. Property is 3.29* acres located at the
southwest corner of Crescent Avenue and Brookhurst Street (*originally
advertised as 1.93 acres).
To amend or delete a condition of approval pertaining to a time limitation
(approved for three months to expire on July 21, 2000) for waiver of minimum
number of parking spaces to permit a private business/trade school within an
existing three-story office building.
ACTION TAKEN BY PLANNING COMMISSION:
Variance No. 4389 denied (PC2000-109) (6 yes votes, Commissioner Bostwick
absent).
Negative Declaration approved.
Informational item at the meeting of September 26, 2000, Item B2. Letter of
appeal submitted by property owner.
Mayor Daly noted a representative of the owner had requested a continuance to
November 14, 2000 and he asked if anyone was impacted by the continuance. No one
responded with a complaint.
Mayor Daly moved to continue the public hearing for Variance no. 4389 to November 14,
2000, seconded by Council Member Tait. Motion carried unanimously.
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CITY COUNCIL MINUTES
OCTOBER 17, 2000
PAGE 26
D. Report on Closed Session Actions:
City Attorney Jack White reported no items required to be reported out of Closed
Session.
E. Council Communications:
Council Member Feldhaus announced the Fall Festival; Holloween event parade and he
encouraged everyone to attend.
Mayor Daly commended City Manager Ruth and the staff members who prosecuted a
landlord who refused to maintain his apartment properties and was sentenced to live in
the apartment building he refused to maintain.
Mayor Daly said there was talk of the State potentially buying up the private toll lanes of
the 91 freeway and he encouraged the City Manager to consider improvements to sound
walls, landscaping beautification, interchange improvements and signage. He asked for
a report on whatever changes could occur.
Adjournment:
There being no further business to come before the Council, Mayor Daly adjourned the
meeting at 9:13 P.M.
Respectfully submitted:
Sheryll Schroeder, CMC
City Clerk