2000/05/23ANAHEIM, CALIFORNIA - CiTY COUNCIL MINUTES,
MAY 23, 2000
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait
COUNCIL MEMBERS: Shirley McCracken (attended 5:00 p.m. mtg./entered 7:10 p.m.)
CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Sheryll Schroeder
ASST. CITY CLERK: Ann Sauvageau
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
POLICE CHIEF: Roger Baker
POLICE DEPARTMENT: Sgt. Joe Vargas
POLICE DEPARTMENT: Sgt. Russ Sutter
DEPUTY DIRECTOR OF COMM. DEVELOPMENT: Brad Hobson
REDEVELOPMENT/PROPERTY SERVICES MANGER: Brent Schultz
A complete copy of the agenda for the meeting of the Anaheim City Council was posted on May 19, 2000
at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as
shown herein.
Council Member Tait called the workshop portion of the Council Meeting of May 23, 2000 to order (3:24
p.m.); Mayor Daly entered shortly thereafter. (Council Member McCracken was absent due to illness but
was expected to attend at least a portion of the evening meeting.)
City Manager, James Ruth introduced Chief of Police Roger Baker who will make the presentation today.
POLICE DEPARTMENT STRATEGIC PLAN 2000: Police Chief, Roger Baker. His presentation will
summarize the material presented in the formal Strategic Plan 2000 document submitted to the Council
today (made a part of the record). He is going to focus on the mission and value statements incorporated
into the plan. The mission has changed to meet the continuously changing needs, but the core values of
the Anaheim Po[ice Department have never changed. Chief Baker then narrated a Power Pointe slide
presentation, hard copies of which were contained in the booklet entitled, Anaheim Police Department,
City Council Workshop, Strategic Plan/Reorganization - May 23, 2000 (made a part of the record) which
was a summary of the formal plan as previously indicated. He covered and briefed the following subjects:
Anaheim -- A Community in Transition, Population 1970-2010 (projected), Police Department Employees
1960-2000, Strategic Plan (first formal, long-term plan to be developed in the 130 year history of law
enforcement in Anaheim), Strategic Initiatives (initiative A: Changing Community; B, Community Policing;
C, Resort Area Policing; D, Employee Development; E, Technology - each Initiative was briefed in detail -
see hard copies contained in booklet), Reorganization (critical in implementing the Strategic initiatives),
appointment (for the first time) of Deputy Chief to act in the absence of the Chief, Professional Standards
(realignment will provide greater quality control), Operations (District Commanders - East, Central, South,
and West Districts management accountability for geographic areas), Resort Area Policing (includes a
"Tourist Advocate" program), Administrative Support, investigations, Operations Support, Detention
Manager (will be a corrections professional from the correctional field instead of Lieutenant position with
salary/burden offset by jail booking fees), Automation (ceo-based crime analysis, expansion of mobile
computers, interactive web site presence), crime rate changes in last five years showing significant
decrease in all areas. He concluded by stating that implementation of the Strategic Plan will help to
facilitate future development of the Police Department.
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ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
Council Member Feldhaus. He feels it is important that the rest of the world knows that they can come to
Anaheim as tourists and feel comfortable and safe walking around the streets; Council Member Tait. That
is one of the reasons why he is wondering if a Police presence in patrol cars would be better than a
substation.
After a further discussion relative to the type of facility envisioned by Chief Baker, Mayor Daly reiterated
that the material presented is an excellent summary and very well stated. It is well thought through,
sensible and reasonable. Relative to the proposal for a Deputy Chief, he feels it is important in "building
the bench". He thanked everyone on the steering committee for the great effort.
City Manager Ruth. The Chief has eliminated one Captain position and is reclassifying that to a Deputy
Chief position so there will be no added personnel. The committee has done an excellent job and it is a
credit to the department and everyone who worked on the plan. They focused on the issue, did what he
feels would have taken twice as long, escalated the study and completed it in time so the plan could be
considered for this year's budget. It is exciting to see the change take place. The key is trying to contain
costs as well. Staff will be responding to Council's questions and bring more detail forward.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) - Existing Litigation:
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 LEGAL COUNSEL ANTICIPATED LITIGATION:
Initiation of litigation pursuant to subdivision (b) of Section 54956.9:
One potential case.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government
Code: one potential case. Claim of Friends of Frank Feldhaus Committee.
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
SECTION 54957.6:
Agency designated representative: David Hill
Name of employee organization: Anaheim Firefighters' Association.
GOVERNMENT CODE
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Name of employee organizations: Anaheim Police Association, Anaheim Municipal Employees'
Association, International Brotherhood of Electrical Workers, Local 47, Service Employees
International Union Local 1877 and Teamsters Local 952.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Name of employee organizations: Unrepresented management employees.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) - Existing Litigation:
Name of Case: Barragan, et al. v. City of Anaheim, et al., Orange County Superior Court Case
No. 80-57-63.
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Name of employee organizations: Anaheim Municipal Employees' Association.
Mayor Daly moved to recess into Closed Session. Council Member Kring seconded the motion. Council
Member McCracken absent. (4:15 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of May 23, 2000 to order at 5:55 p.m. and
welcomed those in attendance.
INVOCATION: Reverend Andrew Chun, Anaheim Christian Reformed Church gave the invocation.
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag.
Mayor Daly announced that Council Member McCracken has been ill for over a week. She was unable to
attend the Council Meeting last Tuesday. The understanding is she is going to try to attend at least part of
the meeting this evening and that she will be arriving soon.
119: DECLARATIONS RECOGNIZING PAINT YOUR HEART OUT ANAHEIM SPONSORS:
Declarations of Recognition were authorized by the City Council recogmzing the sponsors of the Paint
Your Heart Our program in Anaheim.
Carolyn Griebe, Project Coordinator, Paint Your Heart Out Anaheim (PYHOA). This is the program's 10t~
Anniversary Year which also marked a milestone with the 400th home completed for Iow-income, senior
and disabled Anaheim homeowners. Another forty homes are expected to be painted next year. She
thanked the Council and City staff especially the Redevelopment/Community Development department
and the many volunteers involved. She then read a letter from one of the peopte whose home was
painted, a gentlemen in his 70's and partially blind; the letter is a testimonial why the project is so
worthwhile.
Mrs. Griebe, assisted by Andrea Manes, introduced the representatives of the Platinum and Platinum Plus
Sponsors who were present at the same time acknowledging all of the sponsors as follows: Platinum Plus
Sponsors - Anima Christi Foundation, Orange County Register, Anaheim White House Restaurant (Bruno
Serato). Platinum Sponsors Anaheim Disposal, Anaheim Public Utilities, John HangedBroadway
Construction, Disneyland Resort, Rich and Terry Sielaff of Orange County Paints, The Related
Companies, Rubberset, William Gillespie Foundation, Turner Construction.
Mrs. Griebe also announced that under a new project - Build Your Heart Out Anaheim - one house has
been renovated thus far (corner of Broadway and Olive). She also thanked the Build Your Heart Out
Anaheim Committee for their support of PYHOA, especially acknowledging Bill Taormina who was
present.
4
ANAHEIM CALIFORNIA ' CITY COUNCIL MINUTES
MAY 2000
Mayor Daly. He thanked Carolyn Griebe and Andrea Manes as well as all those involved in this truly
worthwhile and positive program, one which started 10 years ago with a little seed money. The best
decision was to bring Carolyn Griebe aboard as the Coordinator at the outset, and Ms. Manes is now
involved. The Council and the City are appreciative of the great efforts put into the program.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by
the City Council congratulating and recognizing Care Ambulance Service for "their on-going commitment
to providing the City of Anaheim with the highest quality of ambulance service."
Dan Richardson and Rick Richardson, owners of Care Ambulance Service accepted the Declaration;
Mayor Daly and Council Members personally greeted and thanked both gentlemen for the service
provided to Anaheim.
Announcement:
Mayor Daly then noted that Fire Chief Jeff Bowman wanted to be present to help coordinate the Care
Ambulance presentation but was unable to do so since his father, Roger Bowman, passed away today
after a lengthy illness. Their thoughts, prayers and sympathy go out to Chief Bowman in his loss.
119: PRESENTATION - RECOGNIZING THE ASSISTANT CITY CLERK FOR HER YEARS OF
SERVICE: Recognizing Ann Sauvageau, Assistant City Clerk, on her last Council Meeting after 24 years
of service and attendance at 988 Council Meetings.
Mayor Daly. He acknowledged Ann Sauvageau, Assistant City Clerk, who will be retiring after 24 years of
service in the City Clerk's Office, most especially noting the fact that she has attended, in person, 988
Council Meetings since 1976, having a truly unique job taking the minutes and "recording for history" all
that occurs at the meetings. "To be really accurate, this recognition ought to portray a super lady for
anyone who can endure that type of service for 24 years with the class, dignity and professionalism that
Ann has shown... She has been a stable, professional worker in the City Clerk's Office and, above all, a
public servant devoted to getting the public accurate and timely information which is the job of our City
Clerk's Office." The Mayor then presented Ann with a trophy memorializing her 988th meeting and 24
years of service to the City of Anaheim.
Mrs. Sauvageau accepted the trophy and expressed her thanks and and gratitude for the opportunity and
privilege of working for and serving the City of Anaheim.
Council Members then commented on Ann's dedicated service and the esteem to which she was held by
them, noting she will be sorely missed.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
1. Proclamation designating June 4, 2000, as Heritage Day at Oak Canyon Nature Center.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. (6:21 p.m.).
Mayor Daly reconvened the City Council Meeting. (6:26 p.m.).
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 23, 2000
Jean Schmidt (no current address). The main issue is the women and children. She is speaking from
experience because she was a resident of Eli Home. She then relayed some of her experiences at the
Home. The Home says they are not afraid of being investigated; she asked the City to then investigate.
Anaheim does need more children's shelters, but shelters that are run properly with permits.
Stefanie Perry, 5949 Avenida Arbol, Anaheim. She is not opposed to having a shelter in Anaheim Hills
and personally feels they need five or six but homes that operate within the law. Eli Home is operating
without a permit. She asked that they continue with their investigation regarding the legitimacy of the Eli
Home operating without a CUP. It is not a home, it is a business and they request the Council to shut it
down.
The following people spoke relative to Item Cl. on today's agenda:
Father Joseph Boules, St. Verena Coptic Orthodox Church. He asked the parishioners, neighbors and
friends of the church who were present, to stand (there were approximately 80 to 90 people present).
Father Boules then reiterated the basic points of his presentation given at the Public Hearing held May 2,
2000 before the Council in support of Conditional Use Permit No. 4178 to construct a church facility - St.
Verena - (see minutes of May 2, 2000). He again elaborated on the reasons why their proposal should be
approved.
Rock Miller, Traffic Engineer, Katz, Okitsu & Associates. He is the Traffic Engineer who did the parking
study for St. Verena Church; Mayor Daly interjected and noted that this is not the Public Hearing but only
public comments further noting that thus far it is a repeat of the material previously presented on May 2,
2000 (see minutes that date).
Mr. Miller then proceeded to reiterate the information he presented at the Public Hearing (see minutes of
May 2, 2000) specifically relating to the parking study concluding there will be no parking problem under
the formula used and generally accepted by the City.
Yusi Mishreki, 654 Country Rose Lane, Corena. She is a member of the Coptic Orthodox Church and is a
member of the State Bar. In making their findings and decision today, the Council should do so based on
the evidence presented. The opposition and the allegations that the church would pose a safety or
parking hazard have not been founded in any data or evidentiary presentations but founded in fear. The
church is in compliance with all the requirements; the Planning Commission has approved the project; the
parking engineer has used a parking study formula which is traditionally used; 86 parking spaces are
required and 100 have been provided . They have also provided evidence and statements signed by the
local elementary school which they are currently adjacent to stating the church has never been a parking
hazard, and they have never had a problem with the church in posing a health and safety hazard for
students. After additional comments, she concluded by asking the Council to think about the fear that
their project will present a problem and the uncontradicted evidence that they have provided that states
they will not be a problem.
Later in the meeting (at the close of Public Comments), Mr. Robert Elsmere, RAT Investments, 18377
Beach Boulevard, Huntington Beach spoke and stated he is the authorized representative of the owners of
the property at State College and Vermont which is the subject of Item Cl. on today's agenda (St. Verena
Coptic Orthodox Church). He has authorization from the Huarte's (David and Sandra Huarte, Trustees of
the Joseph Huarte Trust UDT) to stand in for them and ask for a 30-day continuance of Item C1. It is
being requested on behalf of the property owners and the church to allow sufficient time to work on
alternatives for overflow parking. They are making some progress in solving the issue and respectfully
request that the Council grant the extension. He also asked for himself and the others in attendance if
they could consider and approve the request at this time instead of having to wait until the Public Hearing
portion of the agenda is considered.
The following comments relate (in part) to Item B6. on today's Planning Commission Consent Calendar:
7
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ANAHEIM, CALIFORNIA - CiTY COUNCIL MINUTES,
MAY 23, 2000
128: Receive and file minutes of the Mother Colony House Advisory Board meeting held March 3,
2000.
117: Receive and file the Monthly Financial Analysis for nine months ended March 31, 2000, as
presented by the Finance Director.
117: Receive and file minutes of the investment Advisory Commission meeting held February 15,
2000.
117: Receive and file the revised Investment Portfolio Report for the month of March, 2000 and
the Investment Portfolio Report for the month of April, 2000, as submitted by the City Treasurer.
A2.
A3.
A4.
A5.
167: Award the contract to the lowest responsible bidder, Inspection Engineering Construction, in
the amount of $117,764.07 for PacifiCenter Drive and Tustin Avenue traffic signal and median
improvements and approve and authorize the Finance Director to sign the Escrow Agreement
pertaining to contract retentions.
175: Award the contract to the lowest responsible bidder, SRD Construction, Inc., in the amount
of $250,640 for Meter Vault Rehabilitation Replacement 99/00 and approve and authorize the
Finance Director to sign the Escrow Agreement pertaining to contract retentions.
160/123: Waive Council Policy 401 and approve an Agreement with DGA Consultants, Inc., in an
amount not to exceed $45,000, for professional engineering design services for Public Works
improvement on the parking lot of Edison International Field of Anaheim.
158: RESOLUTION NO. 2000R-79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM declaring its intention to vacate certain public streets, highways and service easements
and setting a date and time to consider abandonment and sale of 35 lineal feet of access rights on
Imperial Highway, located approximately 220 feet north of the northeast corner of Imperial
Highway and Santa Ana Canyon Road (Abandonment No. 97-12A.) (Suggested public hearing
date: July 11,2000, at 6:00 P.M,)
Council Member Feldhaus. He asked for clarification if the subject proposed abandonment involves the
northeast or northwest corner of Imperial Highway and Santa Ana Canyon road since documentation and
the agenda indicates northeast but the resolution states northwest; City Manager Ruth answered that the
Public Works Director assured him it is the northewest corner.
A6.
A7.
A8.
175: RESOLUTION NO. 2000R-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM authorizing the submittal of a funding request for funds for beverage container
recycling and litter clean-up activities.
Authorize the Public Works Director to execute all the necessary forms for securing the funds.
160: Accept the iow bid of Seaside Helicopter, Inc., in the amount of $79,500 for one set of five
main rotor blades and one hub assembly for Police Helicopter N1607A, in accordance with Bid
#6039.
160: Accept the iow bid of Ramirez Construction, Inc., in an amount not to exceed $148,320 for
manhole and water valve adjusting for a period of one year commencing July 1, 2000, with four
one-year optional renewals, and authorize the Purchasing Agent to exercise renewal option, in
accordance with bid #6033.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 23, 2000
Roll Call Vote on Resolution Nos. 2000R-79 and 2000R-80~ for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tail, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: McCracken
The Mayor declared Resolution Nos. 2000R-79 and 2000R-80, duly passed and adopted.
END OF CONSENT CALENDAR. Council Member McCracken was absent. MOTIONS CARRIED.
A21. APPOINTMENT TO THE PARK AND RECREATION COMMISSION: Appointment to the Park
and Recreation Commission to fill the current vacancy of Gladys Wallace whose term expires June 30,
2002.
MOTION. Mayor Daly moved to continue the subject appointment for two weeks. Council Member Kring
seconded the motion. Council member McCracken was absent. MOTION CARRIED.
Council Member McCracken entered the Council Chamber (7:10 P.M.).
Items B1 throufih B7 From Planninl:l Commission Meetin~ of May 8~ 2000: (No action necessary
unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS MAY 30,
2000:
B1.
179. WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 4187~ AND
NEGATIVE DECLARATION:
OWNER: Islamic Institute of Orange County, 1220 North State College Boulevard, Anaheim, CA
92806
AGENT: Dr. Gamal E. Nour, 1221 North Placentia Avenue, Anaheim, CA 92806
LOCATION: 1220-1230 North State Colleqe Boulevard. Property is 1.93 acres located north and
east of the northeast corner of Placentia Avenue and State College Boulevard (islamic Institute of
Orange County).
To permit and construct a church with an accessory private elementary school with waiver of (a)
institutional uses adjacent to residential zones, and (b) minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4187 GRANTED (PC2000-51) (6 yes votes, Commissioner Boydstun absent).
Waiver of code requirement approved.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Mayor Daly concurred in by Council
Member Feldhaus and, therefore, a Public Hearing will be scheduled at a later date.
B2.
179. WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 2000-04198
AND NEGATIVE DECLARATION:
OWNER: Ming International Group, 9202 Ellsworth Drive, Huntington Beach, CA 92646
AGENT: Children's Fairyland Preschool Inc., Attn: Charles E. & Linda L. Malone, 5752 Vinevale
Circle, La Palma, CA 90623
LOCATION: 5247 East Oran,qethorpe Avenue. Property is 1.47 acres located at the northeast
corner of Orangethorpe Avenue and Post Lane.
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 23, 2000
To permit a day care facility with a maximum enrollment of ~, children with waiver of (a) minimum
setback for institutional uses adjacent to residential zones and (b) minimum number of parking
spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04198 DENIED (PC2000-52) (6 yes votes, Commissioner Boydstun absent).
Waiver of code requirement denied.
Negative Declaration previously approved.
B3.
179. CONDITIONAL USE PERMIT NO. 2000-04200 AND NEGATIVE DECLARATION:
OWNER: Imperial Properties, Attn: Harold B. Hembree, P.O. Box 7250, Newport Beach, CA
92663
LOCATION: 5701-5791 East Santa Aha Canyon Road. Property is 15 acres located at the
northeast corner of Santa Ana Canyon Road and Imperial Highway (Canyon Plaza Shopping
Center).
To permit outdoor seating in conjunction with a permitted coffee shop within an existing
commercial retail center and to further subdivide the center into additional tenant spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04200 GRANTED (P02000-53) (6 yes votes, Commissioner Boydstun absent).
Negative Declaration previously approved.
B4.
179. WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 2000-04201 AND
NEGATIVE DECLARATION:
OWNER: Eytan Libesman, 8290 East Crystal Drive, Anaheim, CA 92807
AGENT: KHR and Associates, Attn: Barry Jacob, 2355 Main Street, Irvine, CA 92614
LOCATION: 8290 East Crystal Drive. Property is 1.04 acres located at the northwest corner of
Savi Ranch Parkway and Weir Canyon Road (Checkered Flag Car Wash).
To expand an existing car wash facility by adding an auto service (lube and oil service) facility and
shade canopy with waiver of (a) permitted freestanding sign (APPROVED), (b) maximum number
of wall signs (APPROVED IN PART) and (c) required structural setback adjacent to an arterial
highway (APPROVED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04201 GRANTED IN PART approving waivers (a) and (c) and waiver (b)
approved in part, denying the tower logo
(PC2000-54) (6 yes votes, Commissioner Boydstun absent).
Approved Negative Declaration.
B5.
179. CONDITIONAL USE PERMIT NO. 2000-04203~ (MASTER CONDITIONAL USE PERMIT
NO. 3921) AND NEGATIVE DECLARATION:
OWNER: F.J. Hanshaw, 10921 Westminster Avenue, Garden Grove, CA 92843
AGENT: Desapriya Jinadasa, 1112 North Brookhurst Street #1, Anaheim, CA 92801
LOCATION: 1112 North Brookhurst Street, Suite 1. Property is 0.91 acres located north and east
of the northeast corner of Brookhurst Street and La Palma Avenue (Cheers Market).
To consider reinstatement of this permit which currently contains a time limitation, expired on
November 28, 1999, to retain the sales of alcoholic beverages within an existing convenience
market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Master CUP NO. 3921 to expire 11/28/02 (PC2000-55) (6 yes votes,
Commissioner Boydstun absent).
Negative Declaration previously approved.
12
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
B6.
179. CONDITIONAL USE PERMIT NO. 2000-04207~ (MASTER CONDITIONAL USE PERMIT
NO. 4069) AND NEGATIVE DECLARATION:
OWNER: Khoda B. Ostowari, Parvin Soroushian and irandokht Djahanian, 6263 East Twin Peak
Circle, Anaheim, CA 92807
LOCATION: 805 South Harbor Boulevard (formerly 801 South Harbor Boulevard and 510 West
South Street). Property is 0.8 acres located at the southwest corner of South Street and Harbor
Boulevard.
To amend or delete conditions 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 convenience
market and car wash.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for Master CUP NO. 4069; approved an extension
of time to obtain an ABC license (to expire 9/30/00); and approved the retail sales of beer and
wine for three years from the occupancy of the convenience market (PC2000-56)
(4 yes votes, Commissioner Napoles voted no, and Commissioners Arnold and Boydstun were
absent).
Negative Declaration previously approved.
See remarks made by members of the public relative to this item under the Public Comments portion of
the meeting.
Mayor Daly. This is again an application for a beer and wine license which he did not support at the
subject location. He would like to ask if there is any support to set it for a Public Hearing.
There was no concurrence by any Council Member to set the matter for a Public Hearing.
Mayor Daly then announced, for the record, there is a process by which members of the public can ask for
a Public Hearing by paying a fee.
B7.
179. CONDITIONAL USE PERMIT NO. 2000-04211 (MASTER CONDITIONAL USE PERMIT
NO. 4165)~ AND NEGATIVE DECLARATION:
OWNER: Southern California Edison, Attn: Robert Teran, 2244 Walnut Grove Avenue,
Rosemead, CA 91770
AGENT: Sprint PCS, Attn: Adan Madrid, Property Specialist, 18200 Von Karman Avenue, Suite
100, Irvine, CA 92612-1029
LOCATION: 1200-1400 West Audre Drive, 1650 South Ninth Street and 1651 South Walnut
Street (Southern California Edison Easement). Property is 5.02 acres located on the south side of
Audre Drive between Walnut Street and Ninth Street.
To amend or delete a condition of approval pertaining to the required fencing and landscaping for
a previously-approved telecommunication antenna facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied amendment to the conditions of approval for Master CUP NO. 4165 (PC2000-57) (5 yes
votes and Commissioners Arnold and Boydstun absent).
Negative Declaration previously approved.
END OF THE PLANNING COMMISSION ITEMS.
item B8 From ZoninR Administrator MeetinR of May 4, 2000: (No action necessary unless Council
desires to set a particular item for public hearing) APPEAL PERIOD ENDS MAY 26, 2000:
13
ANAHEIM CALIFORNIA ' CITY COUNCIL MINUTES
MAY 2000
B8.
179: CEQA CATEGORICAL EXEMPTION~ SECTION 15061(b)(3), ADMINISTRATIVE
ADJUSTMENT NO. 2000-00189
OWNER: Heath Terrace L.P., 27285 Las Ramblas Suite 230, Mission Viego, CA 92691, ATTN:
Jon Head
LOCATION: 195 South Heath Terrace: Property is 7.0 acres having a frontage of 38 feet on the
south side of Heath Terrace and located 331 feet south of the centerline of Rio Grande Drive.
Waiver of maximum fence height to construct 6-foot high wrought iron fencing within the front yard
setback (3 feet permitted; 6 feet proposed) along Heath Terrace (new private street) of a new 6-lot
single-family residential subdivision in the RS-HS 22,000(SC) (Residential, Single Family Hillside;
Scenic Corridor Overlay) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2000-00189 APPROVED
(ZA DECISION NO. 2000-22).
END OF THE ZONING ADMINISTRATOR ITEMS.
Addition of Item B9. to the Council Af:lenda:
Mayor Daly. Item Bg. was added to the Council Agenda as a late addition; City Attorney White stated if
the Council wished to consider it for review, it should be formally added to the agenda.
MOTION. Mayor Daly moved to add Item B9. to the agenda thereby waiving the 72-hour posting provision
of the Brown Act. Council Member Feldhaus seconded the motion. MOTION CARRIED.
ADDENDUM TO THE MAY 23~ 2000 CITY COUNCIL AGENDA
Item B9 From the PlanninR Commission MeetinR of May 22~ 2000: (No action necessary unless
Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS June 1, 2000:
B9.
179: RECLASSIFICATION NO. 2000-00021~ VARIANCE NO. 2000-O4395~ TENTATIVE TRACT
MAP NO. 16059~ CEQA NEGATIVE DECLARATION
OWNER: Raymond E. and Joanne S. Rocks, 5910 East Marsha Circle, Anaheim, CA 92807
AGENT: Richer Laporte, 8523 10th Street, Downey, CA 90241
LOCATION: 6100 East Santa Ana Canyon Road. Property is 1.21 acres located at the southeast
corner of Santa Aha Canyon Road and Anaheim Hills Road.
Reclassification No. 2000-00021 - To reclassify subject property from the RS-A-43,000(SC)
(Residential/Agricultural, Scenic Corridor Overlay) Zone to the RS-7200(SC) (Residential, Single-
Family, Scenic Corridor Overlay) Zone.
Variance No. 2000-04395 - Waiver of (a) minimum lot depth adjacent to a Scenic Expressway
and (b) minimum lot width.
Tentative Tract Map No. 16059 - To establish a 5-lot single-family residential subdivision to
construct 5 single-family homes.
ACTION TAKEN BY THE PLANNING COMMISSION:
NOTE: The reclassification and variance have a 22-day appeal period which expires June 13,
2000.
Reclassification No. 2000-00021 GRANTED (PC2000-63) (7 yes votes).
Variance No. 2000-04395 GRANTED (PC2000-64) (7 yes votes).
Approved Tentative Tract Map No. 16059.
Approved Negative Declaration.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 23, 2000
PUBLIC HEARINGS:
C1.
179: CONTINUED PUBLIC HEARING~ RECLASSIFICATION NO. 99-00-16~ WAIVER OF CODE
RE~IUlREMENT~ CONDITIONAL USE PERMIT NO. 4178~ AND NEGATIVE DECLARATION:
OWNER: David and Sandra Huarte, Trustees of the Joseph Huarte Trust UDT, 5036 Tierra Del
Om, Carlsbad, CA 92008-4350
AGENT: Joseph Boules, 20575 Easthill Drive, Yorba Linda, CA 92887
LOCATION: 891 South State Colleqe Boulevard. Property is 1.54 acres located at the northwest
corner of Vermont Avenue and State College Boulevard (St. Verna Orthodox Coptic Church).
Reclassification No. 99-00-16 - To reclassify subject property from CL (Commercial, Limited)
Zone, RM-1200 (Residential, Multiple-Family) Zone and RS-7200 (Residential, Single-Family)
Zone to RS-A-43,000 (Residential, Agricultural) Zone.
Conditional Use Permit No. 4178 - To construct a church facility (including a multiple purpose
assembly hall and Sunday school classrooms) in three phases, including temporary trailers for
church use before and during construction with waiver of required setback for institutional uses
adjacent to residential zones - APPROVED, (b) minimum number of parking spaces -
APPROVED, (c) maximum structural height - APPROVED, (d) required front yard setback -
APPROVED, (e) required rear yard setback - DENIED and (f) minimum dimensions of parking
spaces - DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 99-00-16 GRANTED UNCONDITIONALLY (PC2000-24) (7 yes votes).
CUP NO. 4178 GRANTED IN PART, approving waivers (a), (b), (c) and (d), and denying waivers
(e) and (f) (PC2000-25) (6 yes votes, Commission Koos voted no).
Waiver of code Requirement APPROVED, IN PART.
Approved Negative Declaration.
Informational item at the meeting of March 28, 2000, Item B3. Review of the Planning
Commission's decision requested by Mayor Pro Tem McCracken and Mayor Daly. At the public
hearing of May 2, 2000, Item C1, extensive input was received, public hearing was closed. On the
resolutions offered for approval there was a tie vote thus necessitating continuance to May 16,
2000, Item C2, where the public hearing was continued to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: April 20, 2000
Mailing to property owners within 300 feet: April 20, 2000
Posting of property: April 21,2000
See Public Comments at the beginning of the Council Meeting where input was given relative to this item.
(Also see minutes of the meetings of May 2 and May 16, 2000 where input was received.)
Mayor Daly. He noted that earlier in the meeting, a representative of David and Sandra Huarte requested
a 30-day continuance relative to this continued Public Hearing.
City Attorney White. It is up to the Council and at their discretion whether the item is to be continued
again. It has been continued twice (see minutes of 5/2/00 and 5/16/00) and the hearing has been closed.
All the evidence has been received. If the Council acted and the owner was dissatisfied, they could
reappiy if they have a different plan. He reiterated, the Council has absolute discretion.
Mayor Daly. If the item is continued, he assumes the Public Hearing is still closed and the burden would
be on the applicant to request additional time; City Attorney White answered, yes. It can be extended one
time with the approval of the applicant.
Mayor Daly. He is inclined to support the request for a 30-day continuance; City Attorney White confirmed
there is no problem with a continuance at this time under State law.
15
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ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
concerns of the neighbor (Paul Kott). One was the setback and he was happy with that. The other issue
was having the property commercial and also how the property would look. He took a measurement and
showed him that 25' of the frontage will be landscaped. The building is going to be one story in front and
towards the rear, two stories. He showed him the plan to illustrate how he had addressed the concerns.
This morning he spoke with him and he (Kott) said he would be going out of town. He also said he would
neither approve nor decline the proposal but did repeat that he preferred commercial.
Gre9 Hastings, Zoning Division Manager then briefed the Staff Report to the Planning Commission dated
March 27, 2000 which described the proposal. At the request of Council Member Kring, he also reviewed
the previous proposal made by Mr. Dallah which was rejected by the Council (see minutes of November 2,
1999).
Council Member Kring. She noted this is a very unusual shaped piece of property. She asked if there was
a possibility of doing anything else with the property.
Greg Hastings. The zoning as it stands today would allow either a single family home or growing of
agricultural crops; Council Member McCracken asked if it could be subdivided and sold off to the adjacent
homeowners. She noted it is basically a road.
Greg Hastings. The property could be combined with adjacent lots but because of the zone, there is a
one-acre minimum size so the owner could not subdivide the property. However, lot line adjustments
could be made to increase the size of the existing lots.
Mayor Daly opened the Public Hearing and asked to hear from those who wished to speak either in favor
or in opposition.
Applicant's Statement: Chibueze Daliah. He knows the width of the lot is small but he would like the
Council to look at the size of the rooms in the house which are large. He wants to develop something that
will be nice for the area. Answering Council Member Tail, he stated the previous proposals were
commercial projects which were declined.
Council Member Tait asked if he had looked into adding his lot to residential as opposed to adding to a
commercial lot, i.e., adding to a residential lot and keeping it residential.
Mr. Dallah explained if he adds on to the existing lot, he would have to go back and do a lot of adjustment
and re-subdividing. There was some kind of code requirement he could not meet. If there is something
he can do to allay their concerns, he would not object if the matter was continued about four weeks.
Council Member Kring asked if there was any way Mr. Dallah could sell the property to the commercial
business to the west where parking is always an issue; Mr. Dallah answered the problem is they would
have to do a General Plan amendment to change it to commercial limited with fees of approximately
$7,000. The concern is about paying the fee to change to C-L only to have it declined. The question is
will the City approve that lot for commercial zoning.
Joel Fick, Planning Director. The question asked (by Council Member Kring), what will be necessary for
that lot if that were a proposal to be combined with commercial. His understanding is the applicant
answered possibly a slightly different question because previously the proposals have included that lot and
adjacent lots. The feeling of staff was when there was a proposal of that magnitude in a single-family
neighborhood, at that level a General Plan Amendment would be appropriate; however, this particular lot,
were it combined with the adjoining property, would not be a General Plan Amendment but a zone change
would be required. There would not be a $7,000 fee; however, the rear portion of the lot, because it is a
deep lot, abuts single-family residential homes as well. it is one of the complicating factors of this unusual
piece.
17
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ANAHEIM, CALIFORNIA ' CITY COUNCIL MINUTES,
MAY 23, 2000
Mayor Daly. He would like to hear staff's recommendation on this land. In this case, it was owned by the
County and ended up in private hands. He would like staff to tell them if there is a role for the City in
correcting this problem. It is a very unusual piece of land, the County sold it "buyer beware" and now Mr,
Dallah has incurred costs. He would like staff to give any commentary on the situation; Joel Fick. They will
put together a report for the Council.
Council Member Tait, It is a 600' long alley that needs some solution outside of the normal framework.
Mayor Daly seconded the motion previously offered by Council Member Tait clarified as follows: That staff
contact the applicant and work with him as to how he (Dallah) can get the best out of his property possibly
through lot-line adjustments or some other innovative solution working with the Planning Director/Planning
staff including a report from staff as articulated by the Mayor. MOTION CARRIED.
C3. 179: PUBLIC HEARING-RECLASSIFICATION NO. 99-00-19~ WAIVER OF CODE
REQUIREMENT~ CONDITIONAL USE PERMIT NO. 4189, AND NEGATIVE DECLARATION:
OWNER: Bel Air Enterprises, Inc., 1205 East Chapman Avenue, Orange, CA 92866
AGENT: Robert Achin, 35 Dunn Street, Laguna Niguel, CA 92677
LOCATION: 2871-2897 West Lincoln Avenue (Phinqsye Restaurant}. Property is 1 acre located
at the northeast corner of Bet Air Street and Lincoln Avenue.
Reclassification No. 99-00-19 - To reclassify subject property from the CH (Commercial, Heavy)
Zone to the CL (Commercial, Limited) Zone.
Conditional Use Permit No. 4189 - To permit sales of beer and wine for on*premises
consumption in conjunction with the expansion of an existing restaurant and to establish
conformity with existing Zoning Code land use requirements for an existing commercial retail
center with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 99-00-19 GRANTED UNCONDITIONALLY (PC2000-42) (6 yes votes,
Commissioner Vanderbilt absent).
CUP NO. 4189 APPROVED, beer and wine sales portion of the request approved for two years to
expire April 10, 2002 (PC2000-43).
Approved waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of May 2, 2000, Item B2. Review of the Planning Commission's
decision requested by Council Member Feldhaus and Mayor Pro Tem McCracken.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: May 11, 2000
Mailing to property owners within 300 feet: May 11,2000
Posting of property: May 11,2000
Greg Hastings, Zoning Division Manager briefed the Staff Report to the Planning Commission dated April
10, 2000.
Mayor Daly opened the Public Hearing and asked to hear first from the applicant or applicant's agent.
Applicant's Statement: Charlie Yurt, CEO of Bel Air Enterprises, owners of the center. He talked to a
Planner and heard there was some concern about the sign and the smoking area. The outgoing tenant's
lawyer asked him not to touch the sign because it had some kind of sentimental value. However, the next
day he took it down because of the concern. Also, because of the concern about the smoking area, the
owner does not want to apply so that case is closed. He wiil be happy to answer any questions.
19
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ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 237 2000
Mayor Daly closed the Public Hearing.
Mayor Daly. Council Member Feldhaus is focused on the signage and he agrees. It is important to try to
obtain improved and more attractive signage as part of the clean up of the property especially considering
they are allowing beer and wine where it is not now allowed; Mr. Yun stated in the new leases, he will add
that there must be sign conformity.
Council Member Feldhaus stated it must be acceptable to the applicant and staff. He would try to make
the signage uniform and work with staff on a sign plan that would be satisfactory both to staff and to the
proposer.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member
Kring, seconded by Mayor Daty, the City Council granted the Negative Declaration upon finding that it has
considered the Negative Declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment. MOTION
CARRIED.
Council Member Feldhaus offered Resolution No. 2000R-82 and Resolution No. 2000R-83 for adoption
approving Reclassification No. 99-00-19 and Conditional Use Permit No. 4189. Refer to Resolution Book.
Before action was taken, Mayor Daly stated that Council Member Feldhaus has offered both resolutions
and direction given that the property owner should work with Planning in an attempt to establish some
uniformity and that it is a sense of the Council that this is not a mandate but an attempt that should be
undertaken. The Council wants the property owner to communicate with staff and he is going to ask his
tenants to accomplish the same goal.
Council Member Feldhaus asked if Item 14 was under the conditions of approval and all they have to do
is modify Item 14; City Attorney White. He clarified that Condition 14 refers to any new signage. The
Mayor stated it well. What they are doing is asking the property owner to cooperate with staff in making
the signage uniform but not imposing that as a condition. If they leave the direction the way the Mayor
restated it, he (White) does not have a problem with that.
RESOLUTION NO. 2000R-82: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE
18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN
ZONES SHOULD BE CHANGED.
RESOLUTION NO. 2000R-83: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
4189.
Roll Call Vote on Resolution Nos. 2000R-82 and 2000R-83~ for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tail, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 2000R-82 and 2000R-83, duly passed and adopted~
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ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
COUNCIL COMMUNICATIONS:
Council Member Tait: (1) He again would like to say goodbye to Ann Sauvageau and thank her for the
988 Council Meetings she "endured."
(2) He requested that the Council Meeting be adjourned in memory of Roger Bowman, father of Fire
Chief, Jeff Bowman. Their thoughts and prayers are with the Chief tonight.
Council Member McCracken: (1) She again thanked Ann Sauvageau for her service to the City and
stated that she is going to be missed.
(2) She thanked those who had expressed concern about her health. It is a virus she contracted out of
state which is not yet identified; hopefully they will find a way to treat it.
Council Member Kring: She again said goodbye to Ann Sauvageau noting that she will be sorely missed
after having given "Yoeman's" service for 24 years. She is to be congratulated.
Council Member Feldhaus: He reported on the meeting he attended yesterday, on behalf of the Mayor
and the City, accompanied by Phil Tsunoda, Government Relations Manager. The meeting was held in
Las Vegas at the invitation of the Super Speed Train Commission. At the reception members of the
German Parliament were present representing the Federal Budgetary Commission and Ministry of Public
Works. They are also the designers of the Maglev (Superspeed)Train System. His concern was the fact
that both the Mayor of Las Vegas and the German representative, in their remarks, mentioned the Las
Vegas to Los Angeles line and Las Vegas to Ontario line respectively which sent up a "red flag". He
(Feldhaus) is going to get in touch with Floyd Farano, Vice Chairman of the Superspeed Train
Commission, who was insistent that the City be represented at the meeting stating that they need to start
mentioning Anaheim as the destination and terminus point of the train.
After the presentations, he (Feldhaus) spoke with one of the German representatives about the potential
visit to Lubeck, Germany, a possible Anaheim Sister City. The representative knew nothing about Sister
City relationships but thought it would be great and, when the visit takes place, invited the Anaheim
delegation to come to Berlin to take a ride on the Maglev System set up as a demonstration. In addition,
he (Feldhaus) asked if the delegation had an opportunity to do so, they should stop in Anaheim especially
to see what the City has to offer and why the terminus for the super speed train should be the City of
Anaheim rather than Los Angeles or Ontario. He suggested that a letter of invitation be sent to the
German representative which would be a good move for the City. There is a redirection of their financial
endorsement to one of seven possible building projects for the Maglev System (in the United States).
Mayor Daly. He thanked Council Member Feldhaus for attending the meeting for him on such short
notice. Floyd Farano has been representing the Anaheim area on the Bi-State Commission and felt it was
important that Anaheim be at the meeting. His concern is that there are other geographic areas "hustling"
to be on this line. The suggestion that they invite the owners of the German technology and the
supporters of that technology to Anaheim is a good one and anything else they can do should be done.
He asked staff to keep the Council informed.
Council Member Feldhaus. He reiterated, the German representative asked that Anaheim
representatives, the Mayor and anybody else who wants to go, to visit Germany and suggested that the
visit be about two weeks duration.
Additional Public Comment:
Council Member Kdng acknowledged a member of the audience who would like to address the Council.
Bessie Marie Hopkins, 621 S. Anthony, Anaheim. There is a start time gardeners can start yard work,
which is 7:00 a.m.; however, the gardener (next door) starts at 6:50 and uses the blower for 20 minutes
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 23, 2000
for just the front yard and he does this all the time. There should be a restriction not allowing them to blow
full force. She has a swimming pool and gets the did that is dispersed from the blower.
Mayor Daly asked that she leave her name and address with the City Manager. The City's Code
Enforcement Department can investigate if they're any violations; Ms. Hopkins stated she called the Police
yesterday and an Officer was sent out. Before concluding, she also asked if there could be more
landscaping, trees, etc., around the Disney Ice Rink (in downtown) to cover it up.
ADJOURNMENT: Mayor Daly. As suggested by Council Member Tait, the Council Meeting is adjourned
in memory of Roger Bowman, father of Fire Chief, Jeff Bowman who passed away today. Council
Members again expressed their sympathy. (8:20 P.M.)
The next scheduled Council Meeting is June 6, 2000, which will start at 2:00 P.M. for 2000/2001 Budget
Hearings.
SHERYLL SCHROEDER
CITY CLERK
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