2001/01/23
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
JANUARY 23, 2001
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 Jim Ruth, 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 January 19,
2001, on the bulletin board outside of the Council Chambers, at the north entrance to City Hall
and the east entrance to City Hall, bridge level.
Mayor Daly called the regular meeting to order at 3: 17 P. M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
WORKSHOP: City Manager Jim Ruth introduced the Maxwell Park Project which was
presented by Community Services Director Chris Jarvi.
Community Services Director Jarvi said that the purpose of the workshop was to provide
rational for hiring a consultant to master plan Maxwell Park and develop construction drawings
for the park expansion for a Community Center Development and possible library expansion.
Workshop material is available in the City Clerk's Office.
Director Jarvi proceed to explain the design of the Maxwell Park area. He noted that there was
a general demand and a desire for a Community Center by the West Anaheim Neighborhood
Development group and other citizen groups. Staff conducted a needs analysis, he said, and in
the study, the community asked for additional meeting space, space for tiny tot classes, senior
activities, youth/teen activities, a therapeutic recreation program, performing arts and library
facility expansion. The community center would include a library facility, banquet hall,
administration and the therapeutic center, he said, and the gymnasium would be similar to the
Downtown Community Center. He said that the senior center would be about 4,500 square feet
and would not be big enough for a library. The community requested visual and performing arts
and area would be about 14,750 square feet of space, he said.
Community Services Director Jarvi said that in looking at the project, Community Services
Department found that if that facility were to be developed, it could not occur in one place
because there was not enough room. Other site alternatives considered were Twila Reid Park,
Magnolia High School, Lincoln and Beach, Beach Boulevard, Brookhurst Park and Maxwell, he
said. Director Jarvi then discussed the advantages and disadvantages of each site and said
that the advantages that led to Maxwell Park were that there was enough space to meet the
meeting space needs, as well as the therapeutic and library needs identified as part of the study
and it was very centrally located in Anaheim. He said that Community Services met with
Southern California Edison and discussed what conditions they would have for use of the right-
of-way. Edison was willing to work with the City, he explained, and they indicated that In order
to move ahead with any possible use of the right-of-way for park purposes, they needed a
design and needed to see how the City was actually going to use tall or a portion of the site.
Edison indicated that if the City were to relocate their current tenant, the City may have some
relocation costs and there would likely be a lease payment for doing that, he said.
_._.__...~._~_.. _'___'_<"~'_k'_'_ ...."._._._
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 2
Community Services Director Jarvi said that staff had applied for and surprisingly received
$1.04 million grant from the State of California, State Park Bond Act, for expansion within the
Edison right-of-way.
In response to Mayor Daly, Director Jarvi said that the grant money must be for park
improvements because it was a park bond expenditure and not a source of money for the lease
payment to Edison.
Community Services Director Jarvi recommended that the City hire a consultant to work with
Community Services Department and the community for the development of a master plan for
Council approval. Once Community Services had that, the City would have what Edison was
requiring to be able to consummate a lease or a license with them for use of the Edison right-of-
way. Community Services would take the seven and one half acres, or a portion of it, and they
would know what types of uses would go on that right-of-way. With the approval and the
consummation of the Southern California Edison license, Community Services would instruct
the consultant to proceed with construction documents for the park expansion, the Community
Center building, and the library building expansion or possibly a new building that would total
15,000 square feet. The current library was about 7,500 square feet and with the expansion it
would be 15,000 square feet or Community Services could prepare plans for and entire new
building, Mr. Jarvi said.
In response to Council Member Feldhaus, Director Jarvi stated that the City could not
consummate the Southern California Edison right-of-way licensing because Community
Services did not know what the scope of the development would be on that right-of-way or how
much of the right-of-way the City would actually need for development. That was why
Community Services needed the consultant to do the master plan, he said.
Council Member McCracken said that she had had some letters and phone calls and asked if
the Edison right-of-way could be a parking area, a field, picnic area or anything and the
Community Services Director said that was correct. He said that public input is taken on the
development of every park that was designed and the concerns are listed and worked through
and then Community Services comes up with designs that addresses the concerns of the public
and then there would be a meeting to offer two or three alternatives to development of a right-of-
way. After Community Services took public input on those designs, and then they return with a
final design that they would recommend to Council, he said. He explained that this was the
process that was used and that there was no pre-conceived notion going into the project.
Edison was looking to try to maximize the revenue that they would get from all the Edison right-
of-ways, he explained.
Council Member McCracken commented that the City would like to maximize the use of open
space for the community. She then asked if the library would be on the table and noted that it
had served the community well. Director Jarvi stated that Council would have options and they
could do a new building and a whole new library/community center depending on the direction
received from the Council. He said that they would be assessing public concerns and
determining how a community center would be placed on the site as well as identifying
proposed uses for the park expansion, determine the disposition of the Spencer House, and
plan expansion and integration of the library with a community center to see how the mixes
worked together. Director Jarvi mentioned the concern of the City Librarian that if the
community center was placed next to the current library, that they would never be able to
expand. He said that Community Service was going to look at the parking and said that the
-.......
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 3
Magnolia School District Offices would remain and they had been invited to be a part of the
process.
Community Services Director Jarvi said that there was $635,000 set aside in CDBG and that
was allocated for the community center by the Block Grant process and another $330,000 was
budgeted from the bankruptcy. He added that State Park funding was just a little over $1
million. Future funding sources were $3.8 million in State Park Bond Act that was to be used to
allocate towards the community and there was a potential of developing the library through
future State Library Bond funding. The contract this evening, he said, was paid for with a
combination of the CDBG funding and the bankruptcy money, which was already in the
Community Services budget, he said.
Council Member Tait noted that he had received correspondence from a resident along the
Edison right-of-way and their concern was being noticed of a community meeting or discussions
on decisions and he asked if there were individual notices to each resident on anything that the
City proposed or developed and Director Jarvi said that Community Services typically tried to
get the word out by individual notice.
Council Member Feldhaus said that It did not make sense to hire the consultant and then begin
to negotiate with Edison and Community Services Director Jarvi explained that it made a lot of
difference if the City was taking the full seven and one half acres versus two or three acres. He
explained the City may only take two or three acres, even if seven was available, because the
homes on the west side wanted a buffer area and the City would end up leaving some of the
nursery stock in there. He said that the City does not know at this point what would happen.
The residents were on notice that the City would like to have that property, but it was just a
matter of defining what the scope of that lease would be.
Mayor Daly shared Council Member Feldhaus' concern and suggested that the City
consummate a deal with Edison, even if it would be only a conceptual deal of various scenarios
of activities that would occur in that right-of-way.
Director Jarvi said that Community Services was not spending the full $700,000, but they were
spending $70,000 for the master planning process to determine the right-of-way and to get
public input. The rest would not be spent unless they could come up with the master plan, he
said. After the master plan, it would come back to the Council and then at that point, the Edison
agreement would be consummated before moving ahead with the rest of the planning process,
he said. The agreement had been broken down so that it could be cut back if need be, he said.
He commented that the reason that the City needed to have a consultant was that the
community had differing ideas of what should be on that seven acres and the consultant helped
the City work through that process.
Council Member Tait agreed with Council Member Feldhaus that the City should at least get a
letter of intent before the City would even go to phase I of the planning process.
Mr. Jarvi commented that staff was trying to address the concerns of the community to build a
full-blown development and so they decided they would go through the planning process and
decide what would be appropriate. He said that if Council would like Community Services to
move ahead with an Edison agreement for the full right-of-way, they could do that.
_.,_"..,..,~....".. ~,_.___,u__'~_"'_'~"
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 4
Council Member Tait said not just an agreement, just an option and the Community Services
Director responded that he could get that letter from Edison Company.
Mayor Daly asked if the City was in discussions with Edison on any other rights-of-way at this
time and City Manager Jim Ruth responded that the City was not in discussions about rights-of
way but the City was under franchise agreement with Edison and he had directed staff to extract
that from the franchise discussions and take this singularly on its own so that it could be done
without it tying into other issues that were involved in the franchise agreement. He said he
believed that the City could at least get a letter of intent from Edison, a license agreement for
long-term.
Mayor Daly requested information on what the range of alternatives or agreements had been
with other cities and Director Jarvi said that he could get that for Council. The Mayor
commented that he was uncomfortable with consultants speaking to the residents and master
planning a park and the Community Services Director said that the Community Services staff
had done every planning process and lead the public participation process for parks in the City.
The consultant would respond in the way of a design and include staff input.
Director Jarvi had suggested that Maxwell be used for community meeting space and
therapeutic uses. He said that Beach Boulevard could be used for the youth center and the
expansion of Brookhurst would be for senior uses. He said that the City could put dollars into
improving one of the existing theaters such as Western or Savannah for community uses.
Council Member Feldhaus said that Community Services should keep a community theater in
mind for long-range planning because they could use a community theatre or a children's
theater there.
Mayor Daly said that the project would entail expansion or replacement of the library,
replacement of the therapeutic center, a new community center building, ball fields or open
space creation on the seven and one half acre expansion and also parking for the school
administration on the south side. Community Services Director Jarvi said that was correct.
Mayor Daly asked for the history and background on the therapeutic center and how it came to
rest a Maxwell Park.
In response to Council Member Feldhaus' inquiry, Mr. Jarvi said the Brookhurst Community
Center was 15,000 square feet and it would not be sufficient for senior uses. He said that
Community Services was talking about augmenting that building to make it more senior friendly.
Mayor Daly asked for as many choices as possible and said he would like to understand the
potential location of the gymnasium and other facilities before moving further with Maxwell Park.
He also mentioned the need to add more open space in west Anaheim and he was not
convinced that this was the best location for a new community center.
Community Services Director Jarvi summarized the direction by Council noting that there was a
need for a commitment from Edison, in writing, for the full seven and one half acres; information
on other Edison Agreements, particularly the most aggressive agreements In terms of what
could go on underneath the right-of-ways; and range of alternatives for types of uses that could
go in under there; history and back round of Spencer House and a status of a search for other
facilities for things like the youth center.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 5
City Manager Ruth concluded the Maxwell Park Project workshop.
ADDITIONS/DELETIONS TO CLOSED SESSION:
None.
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 4:08 P.M.
1. 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 aI., Orange County Superior Court Case No. 77-30-74
(and related cases).
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: City of Anaheim v. Southern California Golf N' Stuff v. City of
Anaheim, Orange County Superior Court Case Nos. 80-23-12 and 80-32-80.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Hisayasu v. Bandhauer, et aI., Orange County Superior Court
Case No. 00CC12058.
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation
of litigation pursuant to subdivision (a) of Section 54956.9 of the
Government Code: two potential cases.
5. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager, City Attorney, City Clerk, City Treasurer
6. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: Anaheim Police Association
7. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: International Brotherhood of Electrical Workers, Local
47
8. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: Anaheim Municipal Employees Association
Ir
-.--.-..,--..,
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 6
9. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: General Truck Drivers Union, Local 952
10. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: Service Employees International Union, Local 1877
11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 2000 Gene Autry Way, Anaheim, California (Glacier of Anaheim site;
Sportstown Anaheim site).
Agency negotiator: James D. Ruth and Elisa Stipkovich
Negotiating parties: City of Anaheim and Glacier of Anaheim, LLC
Under negotiation: terms of lease.
12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code) Name of case:
South Coast Cab Co. v. City of Anaheim, et aI., 4th District Court of Appeal Case
No. G026197.
AFTER RECESS:
STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder, Finance Manager William Sweeney, Revenue Manager William Sell, Community
Services Director Chris Jarvi, Public Works Civil Engineer Natalie Meeks, Zoning Division
Manager Greg Hastings, Police Sergeant Randall West.
Mayor Daly called the regular Council meeting of January 23,2001, to order at 5:15 P.M. and
welcomed those in attendance.
He commented that there were many in attendance to speak on an immigration issue that was
not listed on the agenda.
INVOCATION: Moment of silence.
FLAG SALUTE: Council Member McCracken.
119 PROCLAMATIONS AND DECLARATIONS:
Sports and Entertainment Manager Greg Smith presented recognition and a history of
the members of the Community Center Authority. Present to accept was the following
members with over 92 years of service to the City: Steve Schaat, Jim Riley, Pat
Patterson and Bob Hostetter. Jo Ann Barnett was not able to attend.
At 5:27 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Anaheim Housing Authority meetings.
._~".....~' .0._.._.._..__..".___.__...._.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 7
Mayor Daly reconvened the City Council meeting at 5:32 P.M.
ADDITIONSIDELETIONS TO THE AGENDA:
There were no additions or deletions to the agenda.
PUBLIC COMMENTS:
Tom Kirker, 647 South Bruce Street, Anaheim, spoke on behalf of many retired City employees
and asked the Council to consider cost of living raises for retired employees.
Charles Ahlers, President of the Orange County Visitors and Convention Bureau, 800 West
Katella Avenue, congratulated Council on allowing the signing of a contract with California
Cable Television for six years for the western show with an economic impact on Anaheim of $19
million during the course of the annual meeting.
Mayor Daly suggested that comments on the immigration issue would be done in two groups,
those opposed and those in favor and that they be saved for the last portion of public comments
in case there were public comments on other subjects.
Scott Barnes, a 45 year resident, discussed Maxwell Park and said he felt that Council's views
and questions reflected the concerns of the neighborhood and he commented that they were on
the right track. He suggested that an inquiry be made on how other cities use the area
underneath the power lines and he named the cities within the fifteen-mile Edison right-of-way
and said that Anaheim and Garden Grove were the only two cities that had not used the right-of-
way.
Wayne Roberts, 2276 Colchester Drive, spoke about having difficulties with the Anaheim Police
Department.
Alma Ramirez, 100 West Midway Drive, #139, spoke on the problems at Golden Skies Mobile
Homes and she said that they were not assisted by the Anaheim Police Department and other
City departments and explained some of the problems to the Council.
Mayor Daly stated that these were landlord/tenant issues in the mobile home park.
Bruce Bottolfson, President of the Anaheim Police Association, thanked Council and members
of staff for the police contract and he requested a unanimous vote.
James Robert Reed, 100 West Midway Drive, Space 124, said that he had suffered persistent
harassment and threats of acts of violence at the Golden Skies Mobile Home Park in the last ten
years and he asked for the City and Police authorities to intervene and said that the Police
Department had not protected him. He asked the Police Department to patrol the area and
question the management of the mobile home park.
Mayor Daly stated that the public comments would begin on the immigration and said that the
fifteen minutes for those opposed and in favor of be allocated fairly amongst each group.
The following spoke in opposition to the proposed immigration resolution:
Nativo Lopez, (Office) 825 North Broadway, Santa Ana, California
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 8
Zeke Hernandez, 1238 West Chestnut, Santa Ana, California
Benny Diaz, LULAC
David Haas, 2382 South East Bristol, Newport Beach, CA 92660
Randy Parraz, 520 Virginia Avenue, Santa Ana, California
Elisabeth Schroeder, ACLU, 1616 Beverly Blvd., Los Angeles, California
Conception Rodriguez
Amin David, 1585 West Broadway, Anaheim, CA 92805
Estephan Montavillos
Josie Montoya, 118 South Olive, Anaheim, 92805
Jose Velasquez, retired Police Officer.
Ross Romero, 225 North State College Boulevard, Anaheim, California
Norma Vega, 634 South Spring Street, Los Angeles, CA 90014
Dietrick Nicholson, 12692 Poplar Street, Garden Grove, CA 92845,
Mayor Daly said that it was time for the sponsors of the initiative and they had 27 minutes,
which was the same time allotted to the other side.
The following spoke in favor of the proposed immigration resolution:
Dr. Howard Garber, ACRU, P.O. Box 17099, Anaheim, CA 92817
Mary Grondie, 601 North East Street, Anaheim, CA 92805
Elaine Proko, 222 West Bluebell Avenue, Anaheim, CA 92802
Stephen Eichler, 2141 Oertley Drive, Anaheim, California
Ed Johnson, 578 Pierpont, Costa Mesa, CA
Rosalyn Franks, 4353 East Bainbridge, CA 92807
Frank McCormick, 229 West Bluebell Avenue, Anaheim, CA 92802
Phil Tryon, Costa Mesa, California
AI Manguin, Orange County resident
David Kendrick
Michael Hitchens, 12555 Euclid Street, Garden Grove, California
Mayor Daly announced that the immigration issue was not on the agenda and a group of
citizens had submitted a petition and they chose to attend the meeting and speak on behalf of
the petition and other citizens chose to attend to oppose that position. He said that the petition
would not be considered or voted on by the Council unless a member of the Council placed it on
the agenda. If no member of Council would like to have that proposal contained in the petition
placed on the agenda, then the subject would not be pursued. Mayor Daly asked if any of the
Council Members wanted to place the item on a future agenda and no motion was made to do
so. Mayor Daly thanked the public for their input and believed that the responsible federal
officials should handle the issue. He suggested that anyone who had a problem with any of the
nation's immigration policies should contact the United State Congress and the President of the
United States.
Council Member Feldhaus commented that with respect to placing the issue on a future agenda,
it wouid be a possibility in his opinion and he wanted to keep that door open,
Mayor Daly thanked the speakers for taking the time and showing interest on the subject and
called for short recess at 6:59 P.M.
Mayor Daly reconvened the City Council meeting at 7:26 P.M.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23,2001
PAGE 9
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member McCracken. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A40: 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. Item A29 was withdrawn by staff. Mayor Daly
offered Resolutions Nos. 2001 R-14 through 2001 R-23 for adoption. Mayor Daly offered
Ordinance No. 5754 for adoption. Motion carried unanimously.
118 A1. Reject certain claims filed against the City.
A2. Receive and file minutes of the Mother Colony House Advisory Board meeting
105 held on November 3, 2000; minutes of the Anaheim Public Library Board meeting
128 held December 6, 2000; minutes of the Golf Advisory Commission meeting held
117 September 28, 2000; Monthly Financial Analysis for four months ending October
31, 2000, as presented by the Finance Director; and the December 2000
Investment Portfolio Report from the Office of the City Treasurer.
179 A3. ORDINANCE NO. 5754 (ADOPTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending Title 18 to rezone property under Reclassification No.
2000-00021 located at 6100 East Santa Ana Canyon Road from the RS-A-43,
000 (SC) zone to the RS-7200 (SC) zone. (Introduced at the meeting of January
9,2001, Item A5.)
A4. RESOLUTION NO. 2001R-14 RESOLUTION OF THE CITY COUNCIL OF
170 THE CITY OF ANAHEIM accepting certain offers of dedication and public
improvements in conjunction with the map of Tract No. 15704.
RESOLUTION NO. 2001R-15 RESOLUTION OF THE CITY COUNCIL OF
170 THE CITY OF ANAHEIM accepting certain offers of dedication and public
improvements in conjunction with the map of Tract No. 13533.
A5. RESOLUTION NO. 2001 R-16 RESOLUTION OF THE CITY COUNCIL OF
158 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 10351-
10360).
A6. Approve adjustment to the Public Works Department 2000/01 Capital
106 Improvement Program budget in the amount of $4,758,361.
A7. Approve and authorize the Mayor and City Clerk to execute the acquisition
158 agreement for the purchase of real property at 955 South Roberts Street in
connection with the Ball Road/Euclid Street Intersection Project (RIW 5400-16)
and authorize the acquisition payment of $4,950 to Harvey A. Storm and Janice
E. Storm.
158
A8.
Approve and authorize the Mayor and City Clerk to execute the agreement for
acquisition of real property for 1778 South Canterbury Circle in connection with
the Katella Avenue Smart Street Project (RIW 5180-82), the grant deed for sale
of real property and Lot Line Adjustment Plat No. 466.
~.-~._--_....~-"--- -_._~----.
158
158
176
158
175
158
123
123
160
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 10
A9. Approve and authorize the Mayor and City Clerk to execute the settlement
agreement for 1100 West Katella Avenue (RIW 5180-71 & 72A&B) and authorize
the acquisition payment of $575,000 to Apollo Inn.
A 10. Approve and authorize the Mayor and City Clerk to execute the acquisition
agreement for the purchase of real property located at 2110 East Katella Avenue
in connection with the Katella Avenue Widening Improvement Project (RIW 5431-
2 & 2A) and authorize the acquisition payment of $78,825 to Kayco, A
Partnership.
A11. RESOLUTION NO. 2001R-17 RESOLUTION OF THE CITY COUNCIL (
THE CITY OF ANAHEIM declaring its intention to vacate certain public street
highway, and service easements (Abandonment No. 00-3A) (commonly kno\,\
as 701-741 East Ball Road). (Suggested public hearing date is February 13,
2001.)
A 12. Approve and authorize the Mayor and City Clerk to execute the acquisition
agreement for property located at 1727 West Lincoln Avenue in connection with
the Lincoln Avenue/Euclid Street Intersection Improvement Project (RIW 5362-
16) and authorize the acquisition payment of $5,174 to Kermit Bertel Maley and
Sherrie Ruth Maley.
A 13. Award the contract to the lowest responsible bidder, Spiniello Companies, in the
amount of $219,247 for Citron Street water main reline and replacement to
enhance water flow and quality between Chartres and Water Streets and
approve and authorize the Finance Director to execute the escrow agreement
pertaining to contract retentions with Spiniello Companies.
A14. Approve and authorize the Mayor and City Clerk to execute the acquisition
agreement for 2019 South Ninth Street in connection with the Ninth Street
Widening Improvement (Westside) Project and authorize the acquisition payment
of $111,514 to Cruz Vargas, Trustee, and Madeline Vargas, Trustee.
A 15. Accept the low bid and approve and authorize the execution of an agreement
with Truesdail Laboratories, Inc., beginning February 1, 2001, for water sampling
and analysis services in an amount not to exceed $39,185 for one year with three
one-year optional renewals in accordance with Bid #6076 and authorize the
Purchasing Agent to execute the optional renewals.
A16. Accept the low bid and authorize the execution of an agreement with Master
Landscape and Maintenance in an amount not to exceed $57,341 for a two-year
period beginning in February 2001 with three one-year optional renewals and
authorize the Purchasing Agent to exercise the renewals for the landscape
maintenance at the Police Department Headquarters and the East
Substation/Community Center in accordance with Bid #6100.
A17. Waive Council Policy 306 and authorize the Purchasing Agent to issue a
purchase order to MTU Maintenance Berlin-Brandenburg, GMBH, in an amount
not to exceed $325,000 for inspections, repairs, and performance tests on a
combustion turbine generator.
160
160
160
160
160
160
123
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 11
A 18. Accept the bid of Metamap, Inc., in the amount of $66,940.20 (plus applicable
taxes) for a moving map display for police helicopters in accordance with Bid
#6097.
A19. Accept the low bid of Advanced Digital Technology, Inc., in an amount not to
exceed $35,790 (including tax) for document imaging services for the Accounts
Payable Division for the period of January 24, 2001, through January 23, 2002,
with three one-year optional renewals and authorize the Purchasing Agent to
exercise renewal options in accordance with Bid #6092.
A20. Accept the low bid of R. W. Smith & Company in the amount of $67,864.88 (tax
inclusive) for the purchase and installation of one gas oven for the Convention
Center and the removal and disposal of an electric oven in accordance with Bid
#6103.
A21. Accept the low bid of Pak West Paper and Packaging in an amount not to exceed
$42,644 (plus applicable taxes) for trash iiners for the Convention Center as
required for the period of one year beginning February 1, 2001, through January
31, 2002 in accordance with Bid #6084.
A22. Accept the low bid of Case & Sons Construction, Inc., in an amount not to
exceed $37,147 for the painting of structural steel at the Street/Sanitation Facility
in accordance with Bid #6102.
A23. Accept the low bid of Fisher Scientific, LLC, in the amount of $40,760.39 (plus
tax) for personal protective gear for the 1999 County and Municipal Agency
Domestic Preparedness Equipment Support Program in accordance with Bid
#6101.
A24. Authorize the Purchasing Agent to issue a purchase order to Edison ESI in an
amount not to exceed $170,000 to provide electrical insulator hot washing
services for one year for Anaheim's 69kV transmission lines and to exercise up
to two annual renewal options in accordance with the terms and conditions of the
agreement.
123
A25. Authorize the Finance Director to enter into an agreement with the California
Franchise Tax Board to participate in a pilot program to provide Business
License information to the State and receive reimbursement for City costs
incurred.
In response to Council Member Feldhaus, Finance Director William Sweeney
commented that for many years the City was required to report the information which
was an un-funded mandate and since it was no longer a mandated program, the
Franchise Tax Board requested that the City help out and they would reimburse the City
for the costs. The City used to receive $59,000 per year in reimbursement costs and
then the State law was changed and the program was discontinued, said Mr. Sweeney.
Now the program was being offered again on a pilot basis even though it was no longer
a mandated program. The incentive for the City was that the Franchise Tax Board
reimburse all of the direct costs and a portion of the fixed overhead and Mr. Sweeney
expected to receive an amount comparable to what was received by the City in the past.
-_._--_..,._~---._. --~_._".__._."..-_..,- .,-...--,..,
160
160
110
123
150
129
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 12
Council Member Kring commented that maybe Los Angeles County and Orange County
could get together so that there would be one focal point for the business and the
business license would come from that particular jurisdiction.
Revenue Manager Bill Sell said that all the cities do it themselves because they have
better control over and it ensures that people were operating in the correct zoning areas
and there was $5 million per year brought in license revenue in Anaheim.
Council Member Kring noted that for businesses such as pool and carpet cleaners there
was no tax incentive because they were not selling anything, and she asked once again
if there could be one key point, like there home, and then they would be able to operate
in other cities.
Revenue Manager Sell said that he was not aware of any city in the State that was
making that effort and even the County did not issue licenses for anything and Council
Member Kring said that maybe the City should work on that.
A26. Accept the low bid of Kone, Inc., in an amount not to exceed $449,407 (tax
inclusive) for the elevator modernization and two years full maintenance at the
City Hall East building in accordance with Bid #6088.
A27. Waive Council Policy 306 and authorize the Purchasing Agent to purchase for
the City Hall Plaza Improvement Project 14 Washingtonia Robusta Palm trees
and six Phoenix Dactyleferia trees from William Dale Young & Sons in the
amount of $25,456; 24 Tabebuia ipe trees from Valley Crest Nursery in the
amount of $9,159; four Phoenix canariensis palm trees from a vendor to be
identified, in an amount not to exceed $36,550; and three Magnolia grandiflora
trees from a vendor to be identified, in an amount not to exceed $700.
A28. Authorize an increase in the draw from General Fund Reserves by $1,931,569,
an increase in the transfer from the General Fund to the Parks and Playgrounds
Fund by $1,931,569, and an increase in the expenditure appropriations in the
Parks and Playgrounds Fund by $1,931,569 in connection with Delphi Field.
A29. Approve a consultant services agreement with WLC Architects in an amount not
to exceed $700,795 for design services to prepare a new master plan for
Maxwell Park and the construction documents and construction observation for
the community center, library, and park expansion improvements included in the
master plan work and approve the appropriation of $635,000 in Community
Development Block Grant funds to revenue account 235-213-4753-5797 and
expenditure account 235-213-4753-7825.
City Manager Ruth requested removal of Item A29 for further review by staff and to set up a
meeting with the Edison Company to negotiate the lease of that property contiguous to the park.
A30. Issue a Lifetime Golf Pass to Dr. William Kott for his service to the City of
Anaheim as a City Council Member.
A31. RESOLUTION NO. 2001R-18 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing approval and acceptance of a grant from
~.._"...__..._--,..-'---'- ---~-_..~.__...~
123
153
153
123
153
153
153
123
123
.... . -..,..-
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 13
the California Office of Traffic Safety for a comprehensive Traffic Safety Program
and authorizing the Fire Chief to take all actions necessary to Implement the
program.
A32. Approve and authorize the Chief of Police to execute the agreement with the
California Department of Motor Vehicles for renewal of Requester Code access
and that the Chief of Police be further authorized to approve and execute all
amendments and future agreements, provided there are no substantive changes
in the provisions of the agreements.
A33. RESOLUTION NO. 2001R-19 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution No. OOR-128 which established
rates of compensation for job classification designated as Police Safety
Management.
A34. RESOLUTION NO. 2001 R-20 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding
establishing terms and conditions of employment for employees in classification
assigned to the Peace Officer Unit represented by the Anaheim Police
Association.
A35. Approve and authorize the Human Resources Manager to sign the renewal
agreement stipulating the 2001 renewal rates for the Kaiser "Q" Health Plan of
$171.61 for single coverage and $457.17 for family coverage effective March 1,
2001.
A36. RESOLUTION NO. 2001 R-21 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing rates of compensation for classification
assigned to the General Unit represented by the Anaheim Municipal Employees
Association.
RESOLUTION NO. 2001 R-22 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM amending Resolution No. 00R-124 which
established rates of compensation for job classifications designated as Middle
Management.
RESOLUTION NO. 2001R-23 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.
A37. Approve and authorize the Convention, Sports & Entertainment Department's
General Manager to execute a lease agreement with California Cable Television
Association designating the lease of space within the Anaheim Convention
Center for the purpose of holding the annual California Cable TV's Western
Show trade show/convention for the next six consecutive years.
A38. Approve and authorize the Public Utilities General Manager to execute an
agreement with Xenergy, Inc., in an amount not to exceed $546,631 to
implement and administer Anaheim Public Utilities Department residential
Advantage Services for one year with the option for two consecutive one-year
extensions.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 14
123
A39. Approve and authorize the Public Utilities General Manager to execute an
agreement with Camp, Dresser & McKee, Inc., in amount not to exceed $37,170
to provide consulting engineering services in connection with the destruction of
six inactive water wells.
114
A40. Approve minutes of the City Council meetings held December 19, 2000, and
January 9, 2001.
END OF CONSENT CALENDAR
OFF CONSENT CALENDAR:
A41. Discussion of John Marshall Park parking lot. (Continued from the meeting of
150 January 9, 2001, Item A24.)
Community Services Director Chris Jarvi gave the staff report.
City Manager stated that staff had done a very extensive job of looking at all the options
and he said that their original recommendation stood and they were willing to consider
the other options if directed by Council.
Council Member Feldhaus said he had previously made a suggestion to the alternative
that staff had proposed and he believed that staff did not address the design that he had
been considering which was a wrap around.
Mayor Daly asked Council Member Feldhaus if he liked the second alternative that was
proposed which included parking with access off of La Palma and he said yes.
Council Member McCracken asked how many trees would have to be removed if the
parking was done on the south part of La Palma and Director Jarvi responded that
Community Services had not done the analysis because the design had not been done
yet. He guessed that there may be one half dozen or more to be taken out and they
would be the oldest, most mature trees in the park. With staff's proposal, he said, the
trees that would be taken out would be replanted except for one.
Council Member Kring asked if Community Services would replant the trees with
alternate one or two and he responded that the trees could not be replanted with
alternates one and two. New trees could be planted, but the mature trees could not be
replanted. In alternative one, Community Services could replant the trees because they
were about the same age as the ones on the north end of the parking lot.
Council Member Kring was concerned about spending a lot of money just to add
fourteen spaces if the Council chose alternate one. Community Services Director said
that the original recommendation was for the larger lot and they could try the fourteen
spaces but may have to extend the lot some time in the future if more parking was
necessary. He said that Community Services was very conscious of the fact that the
Mayor had said that he would like to keep the green space open off the major arterial.
-----"'""'1r
--~'~'_._~-
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 15
Mayor Daly said that the Council should not finalize the plan until there would be a
comfort level with most of the neighbors. He asked how often the current parking lot
was full and Community Services Director Jarvi said that there was not just a problem
with the seniors but there was a problem whenever there were sequential games at the
park that were changing over, and the problem was especially exacerbated since the
lights had been put in.
Mayor Daly said that maybe Marshall was the wrong park to be having so many
scheduled activities because it was not that big. He asked if the other parks were at
their capacity and Community Services Director Jarvi said that it depended on the type
of use. The senior uses could be placed at a variety of different facilities such as
Maxwell and Peralta parks. The newly scheduled softball and soccer games at Marshall
were the problems and maybe the softball crunch could be looked at and possibly
scheduled so that there would be one half hour between games but Community Services
could only do that by scheduling only one game per night. Too large of a gap between
game starts, if two were scheduled, would be that the second one would end up too late
and the parks close at 10:30 P.M.
Mayor Daly asked if there was any way to expand the parking lot to the south and a little
bit to the north and still leave the corner entrance buffer/mounded area. Director Jarvi
responded that it was possible to go further to the north to capture a few more spaces
but they could not go any further to the south because it would take up more park. He
said that they might be able to go north and not take as much as they would have and
save the mound to the south.
Council Member Kring asked that Community Services return to the community and
receive input.
Mayor Daly asked about the original contract pertaining to the park and Director Jarvi
said that it was in limbo now and Community Services said that they had not heard from
the contractor and that he may be waiting to see what would happen before taking any
action. Mayor Daly asked if they could get another six or eight spaces on the south and
another six or eight on the north and the Community Services Director said they would
explore that idea.
Council Member Feldhaus moved to continue the item to February 6, 2001, seconded by
Mayor Daly. Motion carried unanimously.
105
A42. Nominate and appoint a member to the Anaheim Housing and Redevelopment
Commission to fill the unexpired term of Thomas Holguin, June 30, 2004.
(Continued from the meeting of January 9, 2001, Item A25.)
Council Member Tait moved to continue the item to February 6, 2001, adding he wished
to nominate Robert "Bobby" McDonald and no one had his application. Motion was
seconded by Council Member Kring and carried unanimously.
105
A43. Nominate and appOint a member to the Public Utilities Board to fill the unexpired
term of Delia Schweitzer, June 30, 2003. (Continued from the meeting of
January 9, 2001, Item A26.)
-"""'Ir"
-_..~--_.._._. ~.-.........-.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 16
Mayor Daly opened nominations for the Public Utilities Board and Council Member Kring
nominated Victor Green.
Council Member McCracken nominated Charles Peltzer.
Mayor Daly moved to close nominations, seconded by Council Member McCracken.
Motion carried unanimously.
Roll call vote on nomination of Victor Green: Ayes: 4; Mayor Daly, Council Members
Tait, Kring, and Feldhaus. Noes - 1; Council Member McCracken
Roll call vote on nomination of Charles Peltzer: Ayes: 1; Council Member McCracken.
Noes: 3; Mayor Daly, Council Members Tait and Feldhaus. Abstain: 1; Council
Member Kring.
Council Member McCracken changed her vote to a yes vote for Victor Green. Mr. Green
was appointed to the Public Utilities Board by a unanimous vote, his term to expire June
30, 2003.
114
A44. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one
year. (Continued from meetings of December 12, 2000, Item A32, December 19,
2000, Item A36, and January 9, 2001, Item A27.)
Mayor Daly moved to continue Item A44 to the end of the meeting following the public
hearings, seconded by Council Member Kring. Motion carried unanimously.
lQ5
A45. Review current assignments and make appointments to various Regional and
State Organizations. (Continued from meetings of December 12,2000, Item
A38, and January 9,2001, Item A28.)
Mayor Daly moved to continue Item A45 to the end of the meeting following the public
hearings, seconded by Council Member Kring. Motion carried unanimously.
Items B1-B4 From Plannina Commission Meetina of January 3. 2001: (No action
necessary unless Council desires to set a particular item for public hearing.) APPEAL
PERIOD ENDS January 25,2001:
B1. CONDITIONAL USE PERMIT NO. 3790
179 AND CATEGORICAL EXEMPTION-CLASS 21:
OWNER: Bobby and Toni Gilbert, 17300 17'h Street, Tustin, CA 92780-1955
LOCATION: 1514 West Broadwav. Property is 1.05 acres located at the
southwest corner of Broadway and Adams Street (B and J's Tree Service).
City-initiated (Code Enforcement Division) request for the modification or
revocation of Conditional Use Permit No. 3790 (to permit a tree service
--,- ..
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 17
contractor's storage yard with a modular office building with waivers of required
screening of outdoor uses and minimum yard area abutting a local street).
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 3790 approved with modifications to expire July 3,
2001 (PC20001-3) (6 yes votes, Commissioner Arnold absent).
B2. CONDITIONAL USE PERMIT NO. 4106
179 AND NEGATIVE DECLARATION:
OWNER: Jack and Nancy Culp, 6614 Oceanview, Carlsbad, CA 92009
LOCATION: 2898 East Miraloma Avenue. Property is 0.86 acre located on the
south side of Miraloma Avenue, 620 feet west of the centerline of Red Gum Street
(Ideal Equipment Rental).
Request for reinstatement of this permit which currently contains a time limitation
(originally approved on July 19, 1999 to expire on December 1, 2000) to retain an
outdoor construction equipment rental and storage facility including washing and
maintenance of equipment.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 4106 withdrawn (6 yes votes, Commissioner Arnold
absent).
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
B3. CONDITIONAL USE PERMIT NOS. 244 AND 564
179 REQUEST FOR RETROACTIVE EXTENSION OF TIME
AND CATEGORICAL EXEMPTION-CLASS 1:
Shu-Chen Whitworth, 1800 West Lincoln Avenue, Anaheim, CA 92801, requests
a retroactive extension of time to comply with conditions of approval for
Conditional Use Permit Nos. 244 and 564 (to renovate an existing 52-unit motel).
Property is located at 1800 West Lincoln Avenue - Executive Inn (formerly Ha
Penny Inn).
ACTION TAKEN BY PLANNING COMMISSION:
Approved retroactive extension of time to expire December 6, 2001, for
Conditional Use Permit Nos. 244 and 564 (6 yes votes, Commissioner Arnold
absent).
B4. CONDITIONAL USE PERMIT NO. 4149
179 REQUEST FOR SUBSTANTIAL CONFORMANCE
AND NEGATIVE DECLARATION:
Phil Gallegos, 7720 East Evans Road, Suite 101, Scottsdale, Arizona 85260,
requests determination of substantial conformance for modifications to
previously-approved exhibits for a large equipment storage, repair and rental
agency. Property is located at 3030-3040 East Miraloma Avenue.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 4149 modified plans were determined to be in
substantial conformance (6 yes votes, Commissioner Arnold absent).
Negative Declaration previously approved.
Item B5 From Zoninq Administrator Meetinq of January 11. 2001: (No action
necessary unless Council desires to set a particular item for public hearing.) APPEAL
PERIOD ENDS January 31, 2001:
--"---"'"11---~----" -
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 18
B5. ADMINISTRATIVE ADJUSTMENT NO. 2000-00207
179 AND CATEGORICAL EXEMPTION - CLASS 1:
OWNER: Concourse Joint Venture, 720 East Wisconsin Avenue, Milwaukee, WI
53202
AGENT: Orman Grubb Company, 4930 East La Palma Avenue, Anaheim, CA
92807, Alistair Hawker
LOCATION: 3320 East Miraloma Avenue. Property is 15.9 acres, having a
frontage of 508 feet on the south side of Miraloma Avenue and located 1,130 feet
west of Miller Street.
Waiver of minimum number of parking spaces (588 required; 534 existing) and
maximum floor area ratio (.50 permitted; .55 proposed) to construct a 48,000
square foot mezzanine within an existing warehouse building in Specific Plan 94-
1, Development Area NO.2 (Expanded Industrial Area) of the Northeast Area
Specific Plan.
ACTION TAKEN BY ZONING ADMINISTRATOR:
Administrative Adjustment No. 2000-00207 approved (ZA2001-01).
Items B6-B7 From Plannina Commission Meetina of January 17. 2001: (No action
necessary unless Council desires to set a particular item for public hearing.) APPEAL
PERIOD ENDS January 27, 2001:
B6. REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE ANAHEIM
134 GENERAL PLAN - GENERAL PLAN CONFORMITY NO. 2001-00009:
Rick Mendoza, Orange County Water District, 10500 Ellis Avenue, Fountain
Valley, CA 92708, request to determine conformance with the City of Anaheim
General Plan for development of a field research laboratory. Property is located
at 4060 East La Palma Avenue.
ACTION TAKEN BY PLANNING COMMISSION:
Determined to be in conformance with the Anaheim General Plan (vote: 7-0).
B7. FINAL SITE PLAN NO. 2000-00017
170 AND CATEGORICAL EXEMPTION, CLASS 3 AND CLASS 11:
Enterprise Drive, Anaheim, CA 92807, requests review and approval of a Final
Site Plan to install one parking lot toll booth, two ticket dispensers, two free-
standing directional signs, and a 42-inch-high wrought iron fence at the Radisson
Hotel. Property is located at 1850 South Harbor Boulevard (Radisson Hotel).
ACTION TAKEN BY PLANNING COMMISSION:
Final Site Plan No. 2000-00017 approved (vote: 7-0).
Categorical Exemption, Class 3 and Class 11 approved.
6:00 P.M. PUBLIC HEARINGS:
C1. PUBLIC HEARING - ABANDONMENT NO. 00-19A:
176 To consider abandoning a portion of excess right-of-way along Anaheim
Boulevard.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 19
At its meeting held December 12, 2000, the Anaheim City Council adopted
Resolution No. 2000R-253 declaring its intention to vacate certain public streets,
highways, and service easements and to consider abandoning a portion of
excess right-of-way along Anaheim Boulevard.
REQUESTED BY: Lease All - Anaheim, 4055 East La Palma Avenue, No. H-1,
Anaheim, CA 92807
Civil Engineer Natalie Meeks gave a brief staff report.
Mayor Daly opened the public hearing and hearing no testimony, closed the public
hearing.
Mayor Daly moved to approve the CEQA Environmental Finding of Categorically
Exempt, Class 5, seconded by Council Member McCracken. Motion carried
unanimously.
Mayor Daly offered the resolution in support of Abandonment No. 00-19A:
RESOLUTION NO. 2001 R-24 . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS.
Roll cail vote: Ayes - 5. Noes - O. Motion carried unanimously.
Mayor Daly moved to approve the quitclaim of the City's rights, title, and interest in the
excess right-of-way along Anaheim Boulevard, seconded by Council Member Kring.
Motion carried unanimously.
C2. PUBLIC HEARING - ABANDONMENT NO. 99-11A:
To consider abandoning a portion of excess right-of-way formerly known as West
176 Street located adjacent to the southerly right-of-way at West Place.
At its meeting held December 19, 2000, the Anaheim City Council adopted
Resolution No. 2000R-261 declaring its intention to vacate certain public streets,
highways, and service easements, and to consider abandoning a portion of
excess right-of-way formerly known as West Street located adjacent to the
southerly right-of-way at West Place.
REQUESTED BY: Deanna DetchemendylWalt Disney World, 500 South Buena
Vista Street, Burbank, CA 91521
Civil Engineer Natalie Meeks gave a brief staff report. She reported that the right-of-way
parcel was the entire width of the street between where West Place now was a cul-de-
sac south of Ball Road and up into where the parking structure entrance came back into
it.
Mayor Daly opened the public hearing and hearing no testimony, closed the public
hearing.
. --. ---,- .. ~.._---- -- - -
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 20
Mayor Daly moved to approve the CEQA Environmental Finding of Categorically
Exempt, Class 5, seconded by Council Member McCracken. Motion carried
unanimously.
Mayor Daly offered the resolution in support of Abandonment No. 99-11A:
RESOLUTION NO. 2001 R-25 . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS.
Roll call vote: Ayes - 5. Noes - O. Motion carried unanimously.
Mayor Daly moved to approve the conveyance by quitclaim of the City's rights, title, and
interest in the abandoned area to the abutting property owners, seconded by Council
Member Kring. Motion carried unanimously.
176
C3. PUBLIC HEARING - ABANDONMENT NO. 00-18A:
To consider abandoning a portion of a triangular-shaped excess right-of-way
parcel located at the terminus of Alro Way.
At its meeting held December 19, 2000, the Anaheim City Council adopted
Resolution No. 2000R-262 declaring its intention to vacate certain public streets,
highways, and service easements, and to consider abandoning a portion of a
triangular-shaped excess right-of-way parcel located at the terminus of Alro Way.
REQUESTED BY: Karl Bergstrom, President of Bergstroms Children's Stores,
1606 South Clementine, Anaheim, CA 92802
Civil Engineer Natalie Meeks gave a brief staff report.
Mayor Daly opened the public hearing and hearing no testimony, closed the public
hearing.
Mayor Daly moved to approve the CEQA Environmental Finding of Categorically
Exempt, Class 5, seconded by Council Member McCracken. Motion carried
unanimously.
Mayor Daly offered the resolution in support of Abandonment No. 00-18A:
RESOLUTION NO. 2001 R-26 . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS.
Roll call vote: Ayes - 5. Noes - O. Motion carried unanimously.
Mayor Daly moved to approve the quitclaim of the City's rights, title, and interest in the
triangular-shaped excess right-of-way parcel located at the terminus of Alro Way,
seconded by Council Member Kring. Motion carried unanimously.
179 C4. CONDITIONAL USE PERMIT NO. 2973
'_.____.....,.-..'_--_c________.._ ____
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 21
AND NEGATIVE DECLARATION
OWNER: Thrifty Oil Company, 13539 Foster Road, Santa Fe Springs, CA
90650.
AGENT: The Regents Group, Attn: David Rose, 420 McKinley Street, Suite
Corona, CA 92879.
LOCATION: 304 South Maqnolia Avenue. Property is 0.52 acres located a
southeast corner of Broadway and Magnolia Avenue (Arco Gasoline Service
Station and Food Store).
To amend or delete a condition of approval pertaining to the license for the retail
sale of beer and wine for off-premises consumption for a previously approved
service station with a convenience market.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 2973 approved (PC2000-133) (vote: 7-0).
Negative Declaration approved.
Informational item from the meeting of December 19, 2001, Item B1. Review of
the Planning Commission's decision requested by Mayor Daly and Council
Member McCracken.
Council Member Tait declared a conflict of interest, stating he would abstain on the item
and removed himself from the dais.
Zoning Division Manager Greg Hastings presented a staff report.
Mayor Daly asked the City Attorney what would happen if there was not a majority to
uphold or oppose the Planning Commission decision.
City Attorney White stated that the Municipal Code provided that when a hearing was set
on an appeal or a Council review, the Planning Commission decision would be vacated
and the hearing in front of the Council would be a "de novo" hearing. He said that in
1988 the Council adopted its own procedural rules, which were amended in 1995.
Section 3D, Paragraph II of those rules, provided that in the event of a tie vote, and the
tie was a result of an abstention by one of the Council Members due to a conflict of
interest, that the tie resulted in denial of the application, he said. If there was a two to
two vote this evening, due to Council Member Tail's abstention based on a conflict of
interest, the application would be deemed denied by operation of law.
Mayor Daly explained the public hearing process and subsequently opened the public
hearing.
David Rose, The Regents Group, 420 McKinley Street, Suite 111, Corona, said that this
item had been addressed in the past. Two and one half years ago he was before
Council after having been denied by the Planning Commission requesting and
opportunity to purchase an existing license in the census track. He had tried to the point
of even requesting an extension to that and there were only a couple of licenses. Mr.
Rose said that he had negotiated with another party and had offered them six figures to
purchase a license that would then be downgraded to a beer and wine license that was
worth one tenth or one hundredth or what he would be paying for it. The price was
escalated until it became an unviable opportunity, he said. The opportunity came up to
approach the Council to buy multiple licenses. He said, as was indicated by staff, they
had come forward with an opportunity for three, one of which would be a type 21, a
liquor license, which would be down-graded forever to a type 20 which was strictly beer
and wine. He negotiated with Planning Commission and no one spoke in opposition at
the hearing but there were letters in opposition. He noted the project received a
unanimous approval from the Planning Commission. He said that they were not adding
an outlet in the City but they were subtracting five outlets and were getting rid of a liquor
store that sold everything from wiskey to single cans of beer. The five other licenses
""""Ir'"
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 22
that he was proposing to buy were known as unrestricted licenses, he explained, and
those licenses did not have the City's stamp of approval in the form of a conditional use
permit or any type of operating permit other than a business license. Before five years
ago, the City could send a Police Officer or other personnel to Alcoholic Beverage
Control in Santa Ana or Sacramento and testify before the board and if the board
decided to approve it, which most of the time they did simply because of the amount of
licenses that came forward, they would approve it, he said. When Calderra passed in
1995/1996 they then adopted public convenience and necessity. This track was
overconcentrated and they had tried to buy a license and were not able to buy one. The
crime was over the limit, but it had actually gone down according the report from the
Planning Commission. The big thing was that they were buying unrestricted licenses
and they were going to automatically be extinguished, he said. Those licenses could
then be reapplied for. In the contracts for escrow that they were signing for various
parties, they were instituting a thirteen-month restriction to where they could not apply
for a new license or buy another license for that piece of property, he said. The thirteen
months comes into play, he said, by addressing the City and saying that those were
legal non-conforming uses which meant that the City had deemed those uses to not be
in accordance with the City's code and, therefore, it would not meet the setback,
landscape standards and the overall zoning and development standards of the City. Mr.
Rose said he was proposing to buy licenses from those types of uses and get rid of
those licenses forever and what would happen would be that after twelve months, that
use would no longer deemed to be legal non-conforming, and if it should come back in
one year, it would have to come back and reapply into the City for a conditional use
permit and if it were high crime or over-concentration, they would have to apply for a
public convenience and necessity. He said that the City would have a conditional use
permit on all five of the licenses that he would be extinguishing. Mr. Rose said that the
license holder at the point people would be buying it, would have one year to reapply.
Mr. Rose said that he would be restricting them from doing that by requiring them not to
buy a license for thirteen months like a person to person transfer or applying for a new
license if it was an under-concentrated area. He said he was referring to a completely
unrestricted scenario that was rampant throughout, because most of the licenses were
adopted on facilities that were ten and twenty years old before the City had the
opportunity to either require a conditional use permit or require a public convenience and
necessity hearing. The hardest core liquor license, which most of the letters referred to
this as a liquor license, it was not a liquor as was codified by the City or alcohol
beverage control board, it was a beer and wine license. The City was then going to
restrict Mr. Rose as to what he could do and he said that he was willing to live with all
the recommendations from the Planning Department and additional recommendations
by the Police Department such as by California State law, he could sell beer and wine
from 6:00 A.M. to 2:00 A.M. Police staff had recommended that they only sell from 8:00
A.M. to 12:00 A.M. and he had no problem with that. He commented that they could not
advertise on their windows or over the speakers, or on pump tops and they could not
have an advertisement within a certain number of feet from the door and the register.
This would be for a fully unrestricted position with six different licenses that were
unrestricted to one scenario that was fully restricted. Mr. Rose met with various
members of the Planning Commission and subsequently, members of the Council. A
variety of issues were raised such as what were some of the additional things that he
would be willing to do and what could be done to consider a variety of options that the
Council may have. A few years back, he said, some licenses up and down the street by
City Hall, were bought out by a private individual who did not do it for the sake of
economic viability but he did it because he did not want to see the licenses that were
proliferating up and down Anaheim Boulevard and affecting his property value. Mr.
Rose said that he was doing the exact same thing but he was taking it from all over the
area and basically trashing it because those licenses were doing no economic good. He
said that they were transferring a single license and doing it for the purpose of wanting to
be a good corporate neighbor. The Regents Group was going to buy up outlets that had
-...-
_ w_..~_..___
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 23
existed for a long time, he said. One of the Planning Commissioners said that they
wanted a majority of licenses to come from west Anaheim and the only reason for
support of this project was because a majority of the licenses were coming from west
Anaheim. He said if he could not buy the license that was specified, a 21 or a 20, then
he would have to come back to the Planning Commission as a report and
recommendation item and propose another license. He said that everything was out in
the open and the Regent's Group was going to buy six licenses and they were all in
Anaheim.
Mr. Rose spoke about buying up licenses and then the business folded and he
referenced the mini mart behind the Chevron gas station on the corner of Brookhurst
and La Palma. The Regents Group bought their license and because they were a liquor
store, they went out of business, he said, and they were trying to clean up the
neighborhood. He said that unless the City could use their CDBG funds to buy up those
licenses at the cost of several tens of thousands dollars, those businesses would remain
and remain unrestricted. He said that there would be an economic incentive on the part
of the property owner, which was Thrifty Oil Company, and the tenant, which was
ARCO. It was not ARCO applying for this, he explained, this was the property owner,
Thrifty, who would then transfer it to ARCO. It was not just an independent ARCO trying
to get a beer and wine license because otherwise, you would see every other person
trying to come in and buy six and seven licenses, he said. The most he had ever seen,
besides the Regents Group, was one or two licenses and those were controversies. He
was told by ARCO that whatever the outcome of this hearing, they were still planning on
upgrading the landscaping at the site as a sign of being a good corporate neighbor. If
Council had any other requests or modifications, Mr. Rose said that he would consider
those requests so long as everything remained economically viable.
Mayor Daly opened the public hearing and asked for persons in favor of the request to
speak.
The following citizen spoke in support of Conditional Use Permit No. 2973:
Emial Beretsky, 1350 Penbrooke Lane, Anaheim
The following citizens spoke in opposition to Conditional Use Permit No. 2973:
Gladys Wallace on behalf of the West Anaheim Neighborhood Development and a
number of citizens in the audience.
Dr. Richard Turentine, Deputy Superintendent of the Magnolia School District
James Farr, 324 South Beeche, Anaheim
Don Hecker, 310 South Beeche, Anaheim
Vick Real, Magnolia Manor Estates, 723 Cantebury Street
Esther Breeton, 2460 West Glencrest Avenue, Anaheim, CA 92801
Scott Barnes, 2634 West Rollin Avenue, Anaheim
Charles Bradley, 3208 Faircrest Drive, Anaheim
Council Member McCracken said she agreed that Anaheim had the most licenses and
she asked Mr. Bradley if he had a strategy to reduce the number of licenses and he said
that one way to take care of that would be to have only Alcoholic Beverage Control issue
...,~.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 24
the license for the required amount in each census track and not go to the Planning
Commission or Council. Council Member McCracken said that the reason they came to
Planning Commission and Council was to get conditions on the licenses. All the
licenses that Mr. Rose spoke about had been given by Alcoholic Beverage Control
~~~~~~~OO~~OO~~~~~~
anywhere they wanted in that area, she said. They hold on to them as something
valuable and the only way the Council could reduce them was to find a way to buy them
out and discontinue them, she said, and the old licenses do not have expiration dates so
they hold on to them.
Bill Sapp, 3080 West Glen Holly Drive, Anaheim
Peggy Billeau, 619 Scott Lane, Anaheim
Mary Shook, 905 South Gilbert, Anaheim
Amber Tolver, 827 South Bruce Street, Anaheim, CA 92804
Judith Ann Guillette, 649 South Roanne Street, Anaheim
Council Member McCracken said that after spending time with Ms. Guillette, she asked
them to find a way to handle the license problem, noting it would cost six figures to buy
up one liquor license and that kind of money was not available to the City. She said that
new licenses had strict conditions placed on them and there had been minimal new
licenses in the four years she had been on Council and the City had been fortunate
enough to have some old licenses to be able to condition.
David Rose said he agreed with Esther Wallace that there were too many licenses in the
City, specifically in west Anaheim. He proposed to remove the telephones that existed
at the current site so that there would not be any loitering on the premises. Mr. Rose
said that they had proposed to add conditions the licenses. He felt part of the reason
that there was a lot of crime was because beer and wine licenses were associated with
crime due to the unrestricted licenses and sale of liquor. He believed that there were too
many venues in the City, which was why he had proposed to get rid of one liquor license
for hard liquor and five beer and wine licenses. He believed that after one year, because
of City conditions, it would be gone and it could not be brought back. He said that if
there was a license that became inactive and he could not prove that it was an active,
restricted license; he believed that staff would say that the conditions of approval said to
buy an active license that was restricted and he would have to go back to Planning
Commission and propose another license that was both restrictive and active. He said
that if there was a license that was not active that license would not count as one of the
six, he would have to start all over again and find another license. Mr. Rose said that
based upon the testimony of the citizens of west Anaheim, the applicant had proposed to
make two additions which were that all six licenses, which included one liquor license,
type 21 and five beer and wine licenses, were purchased within the boundaries of west
Anaheim, west of Euclid Avenue. He said that he would be willing to accept a sunset
clause with a review for a two-year conditional use permit which meant that he would
buyout six licenses and at the end of two-years, return for a review by either the Council
or Planning Commission. At that time, he said, if they chose to revoke the permit, which
was their right, the other licenses would be gone. He said if ARCO or the franchisee for
ARCO could not operate, that license would be automatically revoked under the
conditions that the Council would place on him. A while back, he said, he had wanted
the licenses for economic need and now that was not the reason. He remembered that
he obtained a conditional use permit there four to five years ago when he worked with
Thrifty. The garage did not work out at that location, he said, adding that he had been
honest, saying if they did not get a license, it would close. He said that the City would
-,--- --------_.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 25
loose revenue because the liquor stores and gas stations would not have the revenue.
He noted that at the ARCO gas station there was a point of service cash register and if
there was beer or wine purchased, they would ask for identification and put the birth date
into the computer and if the wrong date came up, it canceled the transaction.
In response to Council Member Kring, Mr. Rose addressed the subject of inactive
licenses. He said that if a license was deemed by the Alcoholic Beverage Control Board
as an inactive or suspended license, it did not fit the qualifications of what the Regents
Group said they would do. If the license was deemed inactive, he would have to, under
conditions of approval by Planning Commission, find another license and bring it back to
Commission as a report and recommendation item.
Council Member Kring asked Zoning Division Manager Greg Hastings if the license Mr.
Rose bought two or three months ago was inactive. She wondered if the purchase
would be used for one of the licenses now and he said it would depend if he would have
to go back to Planning Commission on the actual wording of the final condition. Mr.
Rose said that they would accept that condition. He said that if the people of west
Anaheim wanted fewer licenses, he would give them less licenses as long as it was
within his economic viability as a businessman.
Council Member Feldhaus asked for comments from Alcoholic Beverage Control. He
said that the police had said that the applicant would purchase six licenses and apply
one license, making the other five go away. In reality, the applicant could use those
licenses if not in Anaheim, in some other city, he said and according to the Santa Ana
Alcoholic Beverage Control office, the applicant could not just terminate or cancel a
license. Council Member Feldhaus asked if once a licensee sells the license, could he
turn around and apply for another.
A representative from the Alcoholic Beverage Control Department said that when
someone applied to ABC to purchase a license, as Mr. Rose said, they were in escrow
and when that person was in escrow, they have to apply to ABC. Every license transfer
or even a new one must go through the department. On a transfer application, they
must specify an address and once that license was issued or was transferred to the new
person, it must be put into use within 30-days. A person could not just buy a license for
no location simply to take ownership and then cancel it, she said; that was not legally
possible.
Council Member Feldhaus asked that if a license was put on ice for twelve months or in
Mr. Rose's case, thirteen months, could that same license then be reactivated.
Alcoholic Beverage Control representative said that if someone surrendered their license
to the department, ABC held it for them. If the company still had tenancy and they came
back and wanted to reopen their business and reactivate their license at that location,
they could do so as long as the renewals were paid. ABC permitted surrender for one
year, but the business could apply for an extension so it could go longer than one year.
Council Member Kring asked if Alcoholic Beverage Control received the surrender or
purchase notice and she said that it was not really a purchase notice but what happened
on a transfer, if the business opened up an escrow, they would come into ABC and the
buyer would submit an application to transfer the license to whatever entity. The escrow
could not close until the ABC license issues or transfers to the new party. Close of the
escrow would be contingent upon the approval of the transfer by ABC. She stated that
the problem here was that Mr. Rose was proposing to buy a license but there was no
location, someone could not just buy a license.
......-,--.--- ~---~_. "--
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 26
Mayor Daly said that the issue was what happened after the transfer and what would
become of the license and she said that for him to transfer the license to himself or to
one of his entities, Mr. Rose would have to have a site and she was not seeing where
these licenses were going to.
Council Member Kring asked if Mr. Rose was buying six licenses and transferring them
to one location and Mr. Rose said no, he was buying licenses at one location and would
transfer the license, person to person, to himself at that location. He said that it would
be transferred from one person to Thrifty at that address. It could be renewed and he
said that he would surrender the license if the renewal fees would be paid. He said that
he would transfer one license from site A to 304 South Magnolia and then they would
cancel, buy the other five, transfer them to himself, and then cancel the five licenses.
There would not be any renewal fee paid by Regency he said, so it could not be
renewed because Regency would own the license.
Alcoholic Beverage Control said that what happened for a transfer of a license, there
was an annual fee paid up front and it would technically be good for the next twelve
months upon the issuance. ABC transfers a license in order for it to be used in 30 days.
Council Member Kring proposed a scenario and said that Mr. Rose had said that
ARCOfThrifty was going to buy up six licenses. She said that he wanted to extinguish
five of the licenses and use one for the property in the west Anaheim area and she
asked ABC if that could happen. The representative for ABC responded that when a
license was transferred, it must be put into use within 30 days. ABC did not transfer
licenses that were not intended to ever be used. If Mr. Rose did not use the license
within 30 days, ABC could file a disciplinary action for not using it and it would be
requested that they surrender the license.
Mayor Daly asked if it were possible that anyone could buy up beer and wine licenses
with the intent of letting the licenses go or not be used. ABC representative responded
that she could not completely say no, but licenses could not be transferred simply for the
purpose of canceling them, the intent was to have the business use the license within 30
days.
In response to questions by Council Members, the ABC representative responded that if
Mr. Rose bought the license and proceeded to cancel it, there would be nothing to stop
anyone else from applying for a license at that location. She said that there was
something in the escrow that said no one could re-apply within thirteen months. ABC
said that a license was under a new set of rules different from the rules of five years ago
and these were conditioned licenses that the Council could condition. There was one
exception, she said, which was called the replacement license. If someone applied
within 90 days of the license canceling, then ABC would not come to Planning and
Council for a public convenience and necessity.
She said if Mr. Rose held the license for thirteen months and it was not renewed in the
second year, it would be extinguished since there was no renewal. ABC said that if a
liquor store was purchased and the license was cancelled, it was held by a third party
landlord, he would then re-rent the liquor store to someone who wanted it, he could
show that they no longer had tenancy, but someone else did, feasibly, the third party
could apply. If they held a type 20 license at the location, and it was surrendered or
placed on hold thinking that the license would be transferred to a brand new location that
would be surrendered. If there was a landlord renting to someone new, and certain
surrendered at the location, ABC could accept an application if ABC could show that the
prior people with the surrendered license no longer had tenancy.
..,...
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 27
Mr. Rose said that the thirteen months came up three years ago at another site at the
request of City Attorney White. He said that there was a rich philanthropist that had
bought up over one half dozen licenses and ex1inguished them so it had been done on
Anaheim Boulevard.
Mayor Daly closed the public hearing.
City Attorney White said that he was aware that on previous occasions, the Council had
imposed conditions requiring the purchase and surrender and cancellation of beer and
wine licenses as a condition of obtaining a new license and that in those prior situations
it had worked. He was not exactly sure of why the dialogue that they had tonight
seemed to indicate a certain lack of meeting of the minds on that issue but it had worked
on other occasions and there was a way. The City had ended up with less beer and
wine licenses; less alcoholic beverage licenses than the City started with.
Mayor Daly asked if a business had a beer and wine or a liquor license and it was
bought out by someone else, the license was gone and if someone else rents that
space, could another liquor license be granted to an operator of a similar operation.
City Attorney White said yes, provided that there may be some hurdles that may have to
be gone through such as if it was in an area of over concentration or high crime. It may
have to take a public convenience and necessity and may have to come back to the
Council for a finding of public convenience and necessity and the Council would have an
opportunity then to deny it. It may require a conditional use permit for that new use
because the other one was terminated and Council would have an opportunity to deny it
at that point as well. There was no way to stop someone from applying.
Mayor Daly said if it did happen, it involved various steps and hurdles and the City
Attorney said that was correct.
Police Sergeant Randall West commented that Cheers food market had an active 21
license at that location. They had a type 20, which was a beer and wine, which was no
longer active and they were currently utilizing a type 21 license at that location so it was
open and operating. To his knowledge, the 21 was not the license that the applicant had
proposed to purchase, he believed it was the 20 and clarified that Mr. Rose had
originally proposed to purchase at the Planning Commission meeting.
Council Member Feldhaus noted that as of January 18, 2001, the applicant had not yet
applied for an alcohol license or transfer of an alcohol license for the 304 South
Magnolia address. If Mr. Rose applied for a license at that address, there would be an
investigation by ABC, he said. That would be part of the process and if there were
protests initiated, the licensee could be denied during the protest period, regardless of
whether the City granted the conditional use permit for the license, said Council Member
Feldhaus. There were 23 service stations in the west Anaheim area, he said, and that
did not include closed stations and lots that were sitting there, which were entitled for
gas stations and could be reopened. He said that two years ago, he asked the Council
to impose a moratorium on further developments of gas stations because he wanted to
reassess where the stations were and that's where he found out that the majority were in
Anaheim as a concentration. The Council did not see fit to place the 30-day moratorium
on notice, he said, and he suggested that the City look at the planning and entitlements
and start entitling convenience markets with an accessory sales of gasoline because
there was no money in gasoline. They were making their money, forty percent off of
alcohol beer and wine sales he said, so why not change the entitlements. There was a
comment made that they would be upgrading the site with new landscaping with or
without the beer and wine license because they wanted to be a good corporate
neighbor, he said. He did not understand why they did not upgrade the land and
T
-~---~---'~"--.
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 28
landscaping all along, because the City had codes that require them to keep the property
upgraded. He would like to deny the application because it did not accomplish what the
City wanted which was to rid themselves of five licenses since the licenses could always
be reactivated at that location by a third party.
Council Member Kring mentioned a revitalizing of west Anaheim and said that some of
the problems were from the Seven Eleven where single cans and bottles of beer could
be sold and most people who buy liquor in a gas station, take it to go on to a different
place and they do not remain in the gas station and consume it. She said that crime was
dropping in most of the parts of Anaheim and she requested statistics of crimes that
were directly a result of alcohol that was purchased at this station. She said that the City
was trying to clean up and get rid of liquor licenses and this was the only avenue to do it.
She said that Regents Group was willing to spend the money and it was not cheap, to
buy six licenses and one was a hard liquor license, to put one beer and wine license in.
For all intents and purposes, she said, they were extinguishing five licenses and Mr.
Rose had a willing seller and he was a willing buyer and they would consummate that
sale and she believed that this would work to upgrade the area of the gas station.
Council Member Kring said it was very difficult for a banker to lend to gas stations
because the mark up on gas was so limited that they would not lend on that premise
because a person without a beer and wine license at a gas station cannot make their
mortgage.
Council Member McCracken said she had received correspondence from Steve
Snavely, Director, division of law enforcement in Sacramento, and after calling him and
explaining this project to him, he had not been told that the City was reducing licenses
by five and the community had said no to every one of these and the Council had to look
at how they were going to create what the City and the residents want. Her conversation
with Mr. Snavely indicated that the Council could take action and obtain these by
eminent domain, which was highly unlikely, and the Council could establish a public
policy that ultimately reduces the number of licenses in the community which would be
much more positive than being concerned about one beer and wine license.
Mayor Daly said that when it came to proliferation of liquor licenses, there were other
things that the City could do and the City had done effectively such as vigilant law
enforcement and a close working relationship with the ABC which would be the best long
term strategy the City could pursue to prevent poorly operated beer and wine or liquor
licenses. The community heard the offer and had decided not to accept it and they
understand the situation best. Mayor Daly asked for vigorous follow up activity by staff.
He added that Thrifty had made a good faith and very enticing offer but if the neighbors
do not believe it was worth the trade, then he did not believe that the Council should
approve it and he seconded Council Member Feldhaus' motion to deny the conditional
use permit.
Mayor Daly moved to deny the CEQA Environmental Finding of Negative Declaration,
seconded by Council Member Feldhaus. Ayes - 2, Mayor Daly and Council Member
Feldhaus. Noes - 2, Council Member McCracken and Council Member Kring. Abstain-
1, Council Member Tait.
City Attorney White stated that the environmental finding failed by operation of law
because the Council was not able to take the required action under the California
Environmental Quality Act, the Council was not in the position to approve the application
to amend Conditional Use Permit No. 2973 because the environmental finding was not
approved. There should be an offering of the resolution and a vote taken on that and the
resolution was consistent with the denial of the negative declaration.
. ---'----r-
._---~-_.__._.._.- ----~_..- -.-----_.--. .....-..
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23,2001
PAGE 29
Council Member Feldhaus offered the Resolution No. 2001 R-27 denying Conditional
Use Permit No. 2973:
RESOLUTION NO. 2001 R-27 . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF
APPROVAL IN VARIANCE CONDITIONAL USE PERMIT NO. 2973 AS SET FORTH IN
RESOLUTION NO. 88R-17 AS AMENDED.
Roll call vote: Ayes - 2, Council Member Feldhaus and Mayor Daly. Noes - 2, Council
Member McCracken and Council Member Kring. Abstain - 1, Council Member Tait.
City Attorney White apprised the Council that due to the tie vote, by Council rules, the
application was deemed denied by operation of law.
Report on Closed Session Actions:
City Attorney, Jack White, stated that the Council unanimously approved an agreement
with Golf N Stuff Development Corporation settling the case of GNS Development
Corporation and dba Golf N Stuff vs. City of Anaheim, Orange County Superior Court
Case 80-23-12, and payment was in the amount of $527,393.
Returning Items A44 and A45, Mayor Daly moved to continue both items to February 6, 2001,
seconded by Council Member McCracken. Motion carried unanimously.
Council Communications:
Council Member Tait requested that a Centerline discussion be agendized for the
meeting of February 6, 2001. OCT A was moving forward and he though it was time for
Anaheim to make a firm statement on what its beliefs were. He also asked staff if they
would bring recommendations to Council on how to increase mobility at the most
efficient cost.
With regard to Centerline, Council Member McCracken noted that at the hearing on Monday,
probably one third of the public comments were from Anaheim residents and, because the City
did not have a clear support or opposition, they need to be very clear. She felt the plan looked
like it would go ahead and the City needed to be there to make sure that there would be a
minimal effect on the community. She said they were most upset and even the Chair, Mike
Ward, was concerned about the Historic District in Anaheim.
Council Member Feldhaus said that one of the subjects that he would like to schedule and get
an update on would be the communication that was received on the railroad corridor and sound
wall issue.
City Attorney White said that Council Member Feldhaus' request would probably be a Closed
Session item,
.~.._._.. ..-........ --"---"-~'--'-~-""'-" ,.,-.._---_.~._--- '--"'-'--'--
CITY OF ANAHEIM
COUNCIL MINUTES
JANUARY 23, 2001
PAGE 30
Adjournment:
Mayor Daly adjourned the meeting at 10:20 P.M. to January 27,2001, at 8:30 A.M., Gordon
Hoyt Conference Room, City Hall West, 2nd Floor, for Mid-Year Budget Review and Closed
Session for Employee Performance Evaluations for Council Appointees.
Respectfully submitted:
~~~
Sheryll Schroeder, CMC/AAE
City Clerk
-~...-._....~-_....-