2001/08/07
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
AUGUST 7, 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, City Clerk Sheryll
Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on August 3,
2001, at the City Hall inside and outside bulletin boards.
Mayor Pro Tem McCracken called the regular meeting to order at 4: 10 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. Mayor Daly and Council
Member Tait entered the Closed Session at approximately 4:20 P.M.
ADDITIONS/DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Pro Tem McCracken moved to recess to Closed Session, seconded by Council Member
Kring. Motion carried unanimously. The Council recessed to Closed Session at 4:11 P.M.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Melendrez v. City of Anaheim, et al. Orange County Superior Court
Case No. 00 CC 08191.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Kord Group v. The Fieldstone Company, et aI.,
Orange County Superior Court Case No. 76-32-58.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Chevy Chase Partners v. City of Anaheim, et al. Orange County
Superior Court Case No. 01 CC 09569.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the
Government Code)
Property: Franchise or easement rights in Ball Road street right-of-way.
Agency negotiators: Tom Wood and Jack White
Negotiating Parties: City of Anaheim and Questar Southern Trails Pipeline Company.
Under negotiation: price and terms.
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 2
Name of case: South Coast Cab Co., et al. v. City of Anaheim, et aI., Orange County
Superior Court Case No. 80-03-59.
6. 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
Facts and circumstances: proposed award of taxicab franchises based upon several
proposals submitted to the City; litigation has been threatened by an existing taxicab
permit holder and certain proposers which may not be awarded franchises.
AFTER RECESS:
Mayor Daly called the regular Council meeting of August 7,2001, to order at 5:22 P.M. and
welcomed those in attendance.
INVOCATION: Pastor John Paumier, Spirit Life Worship Center
FLAG SALUTE: Council Member Feldhaus
119
PRESENTATIONS: Bill Daly, President of Sister Cities Association, introduced the student
delegation from the City's Sister City, Mito, Japan. Also introduced was German students
sponsored by the Kiwanis Club of Lubeck, Germany, who were also visiting. Mr. Daly
introduced the Japanese student's teacher, Hiroyuki Kobayashi, who exchanged gifts with
Mayor Daly and Mayor Okada.
At 5:36 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency meeting.
Mayor Daly reconvened the City Council meeting at 5:38 P.M.
PUBLIC COMMENTS:
James Robert Reade, 100 West Midway Drive, Space #124, said if he was charged with false
charges, the City would face criminal prosecution. He said certain police officers were
harassing him for speaking at Council meetings.
Linda Lee Grau, 24 Morning Dove, Irvine, spoke regarding taxi service.
Jeff Farano noted that the American Taxi case had been delayed due to a reorganization plan
that had not been approved as yet. He said, on behalf of California Yellow Cab, he renewed the
opposition to A Taxi's submission in that they did not comply with the financial requirement to
submit audited financial statements.
Sarah Alevizon, Anaheim, invited everyone to attend the Orange County Symphony at Pearson
Park.
Dale Stanton, 1509 Harle Place, spoke in opposition to the Council's consideration of term limits
for Boards and Commissions. (Item A25)
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 3
Edwin Denver, 712 N. Clementine, explained a current standing water problem at his residence
and his displeasure at the City's attempt to correct the problem.
Mayor Daly instructed the City Manager to contact Mr. Denver to correct the problem.
A resident at 734 N. Clementine concurred with Mr. Denver's assessment of the standing water
problem and she thanked Council for the City painting the historic streetlights.
ADDITIONS/DELETIONS TO THE AGENDA: None.
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 - A23: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar.
Council Member Feldhaus asked to pull Items A 21 and A 22 for separate discussion.
Regarding Item A5, the soundwall at Imperial Highway, Mayor Daly asked the status of the
financing of the project and the timeline for awarding the contract.
Staff explained that this was Council's concurrence with the selection of Washington
Infrastructure Services for the construction administration services so that staff could secure
CalTrans' pre-authorization to award. He added that the contract would return to Council
toward the end of October, the first of November. He said by that time, all of the funding issues
should be resolved, or the contract would not be awarded.
Council Member Feldhaus commented on Items A21 and A22.
City Manger Ruth said staff was working with the County to find other sites. He noted that staff
felt the City had a disproportionate number of County sites in the City compared to surrounding
cities and that this was not the appropriate location.
Mayor Daly said he felt it was important for the City to go on record regarding this.
City Attorney White recommended that A21 and A22 be handled with Items 817 and 818 and
Mayor Daly so moved, seconded by Council Member Feldhaus and carried unanimously.
Mayor Daly offered Resolutions Nos. 2001 R-207 through 2001 R-211 for adoption. Motion
carried unanimously.
118
A1.
Reject certain claims filed against the City.
173
105
A2.
Receive and file the correspondence from AT&T Wireless dated July 12, 2001; minutes
of the Mother Colony House Advisory Board meeting held May 4, 2001; amended
minutes of the Redevelopment and Housing Commission meeting held June 6, 2001 ;
and minutes of the Golf Advisory Commission meeting held July 28, 2001.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 4
A3. Award the contract to the lowest responsible bidder, Titan Electric Corporation, in the
amount of $333,268 for conversion of three standby generators and approve and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
A4. Approve Contract Change Order NO.1 in the amount of $57,480 for Euclid Street
Improvements from Ball Road to Lincoln Avenue.
A5. Concur with the selection of Washington Infrastructure Services and authorize the
Director of Public Works to submit to CalTrans for a pre-award audit evaluation and
authorization to approve the agreement between Washington Group Infrastructure and
the City for construction administration services for the Burlington Northern Santa Fe
Corridor Soundwall Project from Imperial Highway to Yorba Linda Boulevard.
A6. RESOLUTION NO. 2001 R-207 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain offers of dedication and public improvements in
conjunction with the maps of Tract Nos. 13515, 13534, 13705, 14080, 14124,15130
and 15131.
A7. RESOLUTION NO. 2001 R-208 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein. (City Deed Nos. 10420 (RIW 5628),10419 (RIW 5624),
10418 (RIW 5638) and 10421 (RIW 5660).
A8. Accept the low bid of Systems Technology Associates, Inc., in the amount of
$103,906.21 (excluding tax) for Hewlett Packard hardware for Oracle upgrade in
accordance with Bid #6195, waive the sealed bidding and advertising requirements of
Council Policy 306 and authorize the Purchasing Agent to issue a Purchase Order to
Advanced Control Systems, c/o Matzinger Keegan, in an amount not to exceed $96,951
(excluding tax) to install the Hewlett Packard equipment, Unix and Oracle software
upgrades, maintenance and warranty of software and hardware.
Council Member Tait asked why the bid for Advanced Control Systems was not competitively
bid and was $96,000 a reasonable price and staff responded that purchasing reviewed it and
because it was of technical nature, it was difficult to bid. City Manager Ruth said staff believed
that it was a very competitive cost.
A9. Accept the low bid of Trend Offset Printing, in an amount not to exceed $122,822.40, for
printing four issues of the Anaheim Magazine, with two one-year optional renewals and
authorize the Purchasing Agent to exercise the renewal options in accordance with Bid
#6197.
A 10. Accept the lowest responsive bids of S & C Electric Company, c/o Southwest Power
Inc., in the amount of $65,286.60 (excluding tax) for Automatic Transfer Source
Switches and to G & W Electric Company, c/o Banes & Associates, in the amount of
$37,840 (excluding tax) for Vacuum Fault Interrupter Switches, all in accordance with
Bid #6182.
A11. RESOLUTION NO. 2001 R-209 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending Resolution No. 94R-200 between the City of Anaheim and the
International Brotherhood of Electrical Workers, Local 47.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 5
123 A 12. Approve and authorize the Public Utilities General Manager to execute Agreements for
fuel and operating cost reimbursement for back-up generation at a cost not to exceed
$15,000 per Agreement and for a term not to exceed two years per Agreement.
Council Member Feldhaus said he thought it was an ingenious idea that would save electricity
for the City.
123
A13.
A14.
123
A15.
123
123
A16.
123
A17.
A18.
179
Approve the Independent Contractor Agreement between the City and Placentia- Yorba
Linda School District for an after school recreation program at Glenview Elementary
School.
Approve the agreements with the City of Yorba Linda and the Placentia Library District
for the utilization of the City's Integrated Library System.
Approve and authorize the City Manager to execute the Employment Training Panel
Vendor Agreement, and any modifications or amendments thereto, by and between the
City and United Auto
Workers Labor Employment and Training Corporation for implementation of a welfare-to-
work project.
Approve and authorize the Mayor to execute the First Amendment to the Community
Services Agreement by and between the County of Orange and the City for the provision
of community service activities.
Authorize the Executive Director of the Community Development Department to execute
Historical Property Preservation Agreements with thirty applicants to maintain and
preserve the architectural integrity of the properties, under the Mills Act Program.
RESOLUTION NO. 2001 R-21 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM agreeing to a redistribution of property taxes for Reorganization No. RO
01-05 -- The Serrano/Nohl Ranch Road Reorganization.
Authorize the Mayor to execute the Property Owner Consent Form consenting to the
Serrano/Nohl Ranch Reorganization No. RO 01-05.
123
A 19. Approve the Agreement for provision of environmental health services with the County of
Orange to provide certain health and sanitation services for the City.
A20. RESOLUTION NO. 2001 R-211 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the Waiver of Notice of License by the County of Orange of
certain property located in the City of Anaheim (1510 South State College
Boulevard).
179
Items A21 and A22 were discussed and acted upon under Items B17 and B18.
114 A23. Approve the minutes of the Council meeting held July 24, 2001.
END OF CONSENT CALENDAR
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 6
173
A24. To consider the grant of up to three non-exclusive franchises for the purpose of
operating taxicab services in the City pursuant to City Charter Section 1401 and
Anaheim Municipal Code Chapter 4.73.
A. Approve the application of Yellow Cab Company of Northern Orange County for a
non-exclusive franchise for the operation of 130 taxicabs and temporary permits for up to
30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's
proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12, 2001,
Item C1; July 10, 2001, Item C1; and July 24, 2001, Item A30).
B. Approve the application of American Livery, Inc. dba American Taxi for a non-
exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30
additional taxicabs pursuant to the terms and conditions set forth in the applicant's
proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12, 2001,
Item C1; July 10, 2001, Item C1; and July 24,2001, Item A30).
C. Approve the application of A White and Yellow Cab dba A Taxi Cab for a non-
exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30
additional taxicabs pursuant to the terms and conditions set forth in the applicant's
proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12,2001,
Item C1; July 10, 2001, Item C1; and July 24, 2001, Item A30).
D. Approve the application of Cabco, Inc. dba California Yellow Cab for a non-exclusive
franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional
taxicabs pursuant to the terms and conditions set forth in the applicant's proposal
(Continued from Council Meetings of April 17, 2001, Item A48, June 12,2001, Item C1;
July 10, 2001, Item C1; and July 24,2001, Item A30).
City Attorney Jack White noted that the public participation portion of the applications was
concluded about four weeks ago and the items were continued for the purpose of making
decisions as to the award of franchises in order to review all the evidence. He noted there was
an additional reason in that there was the issue of motions and actions in bankruptcy court
relating to American Livery. He said staff anticipated that the court would have made a
decision, but the Court had continued it to September 13th. He recommended Council continue
until the Court rules on the motions pending, the closest meeting would be September 25,2001.
He said Council could act based on the information that was currently in the record but his
recommendation would be to consider continuing to September 25, 2001.
Council Member Feldhaus moved to continue Item A24 to September 25, 2001, seconded by
Council Member Kring. Motion carried unanimously.
105
A25. Discuss and consider term limits for Board and Commission members (Requested by
Council Member Feldhaus at the Council meeting of July 10, 2001, continued from
Council meeting of July 24, 2001).
Council Member Feldhaus said his original thinking was that a form of term limits would help
facilitate the opportunity for the many citizens who have expressed a desire to serve. He said
he appreciated that for some boards and commissions it was necessary to retain volunteers
who had become seasoned professionals. He said he would prefer a discretionary policy that
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 7
would require at least a four-fifths vote on any appointment. He discussed his thoughts on
various ways to open the appointment process. He expressed that one paragraph in the City
Attorney's proposal from 1997 expressed how he felt regarding volunteers that were not re-
appointed: "It is the desire of the City Council to encourage and seek service on boards
and commissions by those who have not previously or recently served in such capacity. The
failure of the City Council to reappoint any board or commission member is not to be viewed as
a criticism of that person's service or performance, but as a desire to allow and encourage
public service by the greatest number of qualified individuals." He said he was open to
proposals.
Mayor Daly asked Council Member Feldhaus if that paragraph was his proposal to Council
Policies, to which he responded affirmatively.
Council Member Kring suggested the formation of a task force, as was created about four years
ago, which could look into establishing term limits; different term limits for different boards;
possibly eliminating some, expanding the number of some, etc.
Council Member Feldhaus explained that the original task force could not reach a solution.
Council Member Tait noted he supported term limits and he said he also agreed with the
paragraph read by Council Member Feldhaus. He moved to install term limits of two terms for
commissions, seconded by Council Member Kring.
Council Member McCracken said she had a problem with term limits across the board and as
suggested by Council Member Kring, a full review of what each does and what kind of
responsibility they had was a worthwhile idea. She explained that on some of them, she did not
think it was possible to be trained in three or four years.
Council Member Tait wished to clarify his motion in that he meant term limits would be similar to
the term limits that are established for Council Members, in that a person was able to reapply
and serve for another two terms after a break in service. He suggested staff draft an
ordinance, which would be more than a policy.
Vote: Ayes - 3; Council Members Tait, Feldhaus, Kring. Noes - 2; Mayor Daly, Council
Member McCracken. Motion carried.
Council Member Kring added that she wished to have part of the ordinance state that no one
could serve on more than one board or commission at any given time, other than liaisons.
Council Member McCracken said she thought there was a Council Policy that City employees
could not serve on boards and commissions. City Attorney White explained that was a Charter
provision. She noted she would speak with the City Attorney later on that matter.
105 A26. Nominate and appoint a member to the Investment Advisory Commission, term to expire
June 30, 2005 (Clarence Kaufman) (Continued from Council meeting of July 24, 2001).
Council Member McCracken explained that at the July 24th meeting there were two candidates,
one of which has withdrawn. She said she wanted to have some choices.
Council Member Kring nominated David Blackman.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 8
Council Member McCracken noted that there were some desirable qualifications for the
Investment Advisory Commission and she did not think Mr. Blackman met those qualifications.
Mayor Daly explained that when the Commission was established, the Council set some
desirable qualifications for the members, but they were not mandatory, just preferred.
Council Member McCracken said she wished to have it re-advertised.
Hearing no further nominations, vote on Mr. Blackman. Ayes - 4: Mayor Daly, Council Members
Feldhaus, Kring, Tait. Noes - O. Abstain - 1; Council Member McCracken. Motion carried.
Items 81 throuQh 88 From PlanninQ Commission MeetinQ of Julv 16. 2001: (No action by
City Council required unless expressly indicated. Council may consider and act upon such
matters at its discretion. Items requiring a public hearing may be set for hearing at a later date
upon the request of any two Council members.) APPEAL PERIOD ENDS AUGUST 7,2001:
B1. CONDITIONAL USE PERMIT NO. 3724
179 AND NEGATIVE DECLARATION:
OWNER: The Roman Catholic Church of Orange
2811 East Villa Real Drive, Orange, CA 92667
AGENT: Andrade Architects, Attn: Stan Andrade
24501 Del Prado, Suite #D-1, Dana Point, CA 92699
LOCATION: 412 North Crescent Way. Property is approximately 5.01 acres with a
frontage of 676 feet on the east side of Crescent Way located 380 feet north of the
centerline of Penhall Way (St. Thomas Korean Catholic Center).
To construct two modular classroom units in conjunction with an existing church.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3724 withdrawn (6 yes votes, one Commission vacancy).
Negative Declaration previously approved.
B2. CONDITIONAL USE PERMIT NO. 2001-04383
CATEGORICALLY EXEMPT - CLASS 1:
179 OWNER: White Star Partners, LLC, Attn: Terry G. Roussel
4590 MacArthur Boulevard, Suite #610, Newport Beach, CA 92660
LOCATION: 2991 East White Star Avenue. Property is approximately 3.73 acres
located at the northeast corner of White Star Avenue and Armando Street.
To permit the retail sales and installation of automobile parts and accessories.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 4383 granted (PC2001-94) (6 yes votes, one Commission
vacancy).
83. CONDITIONAL USE PERMIT NO. 2001-04387
179 AND NEGATIVE DECLARATION:
OWNER: Foundry Investments, Attn: Cecil Sills
2601 Main Street Suite 510, Irvine, CA 92614
AGENT: P.R.S. Group, Attn: Phil Schwartze
31682 EI Camino Real, San Juan Capistrano, CA 92675
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 9
LOCATION: 2300 East Winston Road. Property is approximately 8.7 acres with a
frontage of 298 feet on the south side of Winston Road and is located 575 feet west of
the centerline of Sunkist Street.
To permit a wholesale automobile auction with accessory minor vehicle repair and
detailing.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 4387 withdrawn (6 yes votes, one Commission vacancy).
B4. CONDITIONAL USE PERMIT NO. 2001-04386
AND NEGATIVE DECLARATION:
OWNER: Melville Gene Kennard, 811 West Sycamore Street Anaheim, CA 92805
AGENT: Richard Kennard, 746 North Anaheim Boulevard
Anaheim, CA 92805
LOCATION: 754 and 760 North Anaheim Boulevard. Property is approximately 0.34
acres located at the southeast corner of North Street and Anaheim Boulevard.
To permit an auto repair facility and an automobile sales lot.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04386 denied (PC2001-95) (5 yes votes,
Commissioner Boydstun voted no and one Commissioner vacancy).
Negative Declaration approved.
Council Member Kring stated she wished to set CUP 4386 for public hearing, seconded by
Council Member Tait.
B5. CONDITIONAL USE PERMIT NO. 2001-04388
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Giacomo J. and Yolanda Zanchi Trust
3440 West Orange Avenue, Anaheim, CA 92804
AGENT: Santiago Garcia, 3454 West Orange Avenue
Anaheim, CA 92804
LOCATION: 3454 West Oranae Avenue. Property is approximately 1.43 acres located
at the southeast corner of Orange and Knott Avenues.
To permit a convenience market (WIC) within an existing commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 4388 granted (PC2001-96) (6 yes votes. one Commissioner
vacancy).
86. CONDITIONAL USE PERMIT NO. 2001-04349
AND NEGATIVE DECLARATION:
OWNER: Pacific Media Property, Attn: Warren Owens
P.O. Box 2248, Orange, CA 92859
AGENT: Dumitru D. Popa, Jr., 11902 Brookhaven Street
Garden Grove, CA 92840
LOCATION: 1319 and 1325 South Euclid Street. Property is approximately 0.66
acres located at the northwest corner of Euclid Street and Chalet Avenue.
To permit a twenty-four (24) hour child care center for up to 90 children.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04349 withdrawn.
REPORTS AND RECOMMENDATIONS:
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 10
179
B7.
CONDITIONAL USE PERMIT NO. 4171 - REQUEST FOR FINAL SIGN PLAN REVIEW
AND EXTENSION OF TIME ENVIRONMENTAL IMPACT REPORT NO. 323:
Robertson Properties, Attn: John Manavian, 120 North Robertson Boulevard, Los
Angeles, CA 90048, requests review of the final sign program and an extension of time
to comply with conditions of approval (approved August 8, 2000 to expire on August 8,
2001) for a previously-approved commercial retail center of regional significance,
including a home improvement store, health club, three drive-through fast food
restaurants, two full-service restaurants, and a freeway-oriented freestanding sign with
waivers of minimum number of parking spaces and minimum parking lot landscaping.
Property is located at 1500 North Lemon Street - Anaheim Gateway.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved the final sign plan for Conditional Use Permit No. 4171 (4 yes votes,
Commissioners Bristol, Boydstun, Arnold and Bostwick, Commissioners Koos and
Vanderbilt voted no and one Commission vacancy).
Conditional Use Permit No. 4171 approved for extension of time for one year to expire
on August 8, 2002 (6 yes votes, one Commission vacancy).
Environmental Impact Report No. 323 approved (6 yes votes, one Commission
vacancy).
Mayor Daly, referring to the proposed shopping center at Lemon Street and the 91 Freeway,
stated one of the conditions of approval was that the developer was to acquire a piece of
surplus CalTrans, State owned property adjacent to the freeway off ramp and he asked if it was
a condition on the entire project or on locating a restaurant in that center. He asked if that was
included in the action.
Greg McCafferty, Planning Department, responded that the action before Council this date was
a separate action for the final sign plans for Phase I of the project. He said the project approved
by Council included the entire property, which included the surplus property, however, he said,
the developer was still in negotiations with CalTrans and have not acquired the site and could
not move forward with development on the property until they actually owned the property. He
said any of the restaurant pads were out pads that were approved with the Conditional Use
Permit and could not move forward on that site.
Mayor Daly asked which buildings, in the proposed development, could they not build if they do
not or cannot acquire the site. Mr. McCafferty answered that he would have to look at the site
plan to determine which buildings were proposed for the center. He said he recalled a
restaurant out pad on the location currently owned by CalTrans, they would not be able to
proceed with the restaurant out pad until the developer acquired the property.
Mayor Daly asked, since it was in a redevelopment area, should the City express an opinion to
CalTrans.
Elisa Stipkovich, Executive Director of Redevelopment, indicated that there had been no formal
discussion with CalTrans on the site but could begin if that was Council's direction.
Mayor Daly wondered if the restaurant proposed for that site was a drive through fast food or a
sit down. Mr. McCafferty said it was two sit down restaurants. Mayor Daly asked if the City
would get a higher quality development if the developer could buy that land. Mr. McCafferty
said staff believed that was the case and staffs desire was to see the project developed as it
was presented to Planning Commission and Council.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 11
Elisa Stipkovich, Executive Director of Redevelopment, responded that because it was in a
redevelopment project area, staff had been negotiating with CalTrans on other sites, however,
on the 91 freeway, no one had been notified on the disposition of properties. She said they had
not started on the normal process, which was to notify government agencies. As part of the
project, she interjected; staff wanted to encourage CalTrans to help the property owner acquire
the property. The problem had been that CalTrans had not been proceeding on the disposition
of the properties and she said staff would look into it.
B8. CONDITIONAL USE PERMIT NO. 2001-04317 - REQUEST FOR DETERMINATION
OF SUBSTANTIAL CONFORMANCE
CATEGORICALLY EXEMPT - CLASS 1:
AI-Omar and Associates, 1144 North Gilbert Street, Anaheim, CA 92801, requests
determination of substantial conformance for a previously-approved convenience market
(with no sales of alcoholic beverages) within an existing building. Property is located at
2265 West Lincoln Avenue.
One person spoke asking for clarification regarding the landscaping and trash enclosure.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04317 determined, in part, to be in substantial
conformance with previously approved convenience market.
Items B9 throuah B15 From Zonina Administrator Meetina of Julv 26. 2001: (No action by
City Council required unless expressly indicated. Council may consider and act upon such
matters at its discretion. Items requiring a public hearing may be set for hearing at a later date
upon the request of any two Council members.) APPEAL PERIOD ENDS AUGUST 15, 2000
except as noted:
B9. VARIANCE NO. 2001-04441
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Universal Alloy Corporation, 2870 E. La Palma Avenue
Anaheim, CA 92806
AGENT: Anacal Engineering Co., 1900 E. La Palma Avenue
Anaheim, CA 92805
LOCATION: 2830-2880 East La Palma Avenue. Property is 9.2 acres located at the
southeast corner of Blue Gum Street and La Palma Avenue.
Waiver of maximum fence height to permit block wall pilasters and wrought iron fencing
within the required front yard setback of an industrial complex in the SP94-1 ,
Development Area 1 (Northeast Area Specific Plan; Development Area NO.1 - Industrial
Area) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Variance No. 2001-04441 (ZA2001-22).
B10. VARIANCE NO. 2001-04440
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Mark T. Kettler, 6 East Yale Loop, Irvine, CA 92604
LOCATION: 1125 and 1127 West Diamond Street. Property is 0.23 acre having a
frontage of 75 feet and a maximum depth of 135 feet located 105 feet east of the
centerline of Carleton Avenue.
"I
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179
170
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7, 2001
PAGE 12
Waiver of minimum dimensions of parking spaces to permit the conversion of carports
into enclosed garages and to permit interior partition walls in conjunction with an existing
apartment complex in the RM-1200 (Residential, Multiple Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Variance No. 2001-04440 (ZA2001-23).
Council Member Feldhaus, speaking about the conversion of carports into enclosed garages,
said he did not see a restriction for the use of the garages as living quarters. He said he wished
to see a condition address that.
The Zoning Administrator responded that no one could live in them as it stood, they would be in
violation of building and zoning codes.
City Attorney White said it could be sent back to the Zoning Administrator. He said that he
believed that the City Codes were strong enough, but he did not think any city had been
successful in totally controlling illegal conversions. He said that in this particular situation,
Council could add a covenant to the property to prohibit the space from being used as habitable
purposes and subsequent owners would not be in a position to argue that they never knew the
condition was there. He said that would not be a defense, but it would avoid the problem of the
purchaser not knowing.
Council Member Feldhaus wished to set the item for public hearing, seconded by Mayor Daly.
Mayor Daly asked staff to draft the language that was discussed.
B11. VARIANCE NO. 2001-04444
CEQA CATEGORICAL EXEMPTION-CLASS 1:
OWNER: Sam E. Chappell Jr., 1785 North Partridge Street
Anaheim, CA 92806
LOCATION: 1785 North PartridQe Street. Property is 0.15 acre located at the
southwest corner of Kensington Avenue and Partridge Street.
Waiver of (a) maximum lot coverage and minimum open space and (b) minimum side
yard setback to construct a second story addition to an existing 2-story single family
home on a corner lot in the RS-5000 (Residential, Single Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Variance No. 2001-04444 with a modification (ZA2001-24).
B12. TENTATIVE PARCEL MAP NO. 2001-133
AND NEGATIVE DECLARATION:
OWNER: Milton Owens, 542 Handy Street, Orange, CA 92876
AGENT: Tom Waters, 1438 East Road, LaHabra Heights, CA 90631
LOCATION: 7680 Danielle Circle. Property is 1.76 acre located at the terminus of
Danielle Circle, having a frontage of 306 feet on the east side of Danielle Circle and
located 110 feet north of the centerline of Owens Drive.
To establish a 2-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:
Tentative Parcel Map No. 2001-133 approved (ZA2001-25). (Tentative Parcel Map has
a ten-day appeal period ending August 10, 2001).
Negative Declaration approved.
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170
170
179
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 13
B13. TENTATIVE PARCEL MAP NO. 2000-226
CATEGORICALLY EXEMPT - CLASS 15:
OWNER: Morteza and Theresa Yassini
Trustees of the Yassini Living Trust, Attn: Dan Van Rossen,
Post Office Box 2110, Ventura, CA 93002
LOCATION: 700-794 North Brookhurst Street. Property is 4.8 acres located at the
southeast corner of Brookhurst Street and Gramercy Avenue.
To establish a 3-lot, commercial subdivision in the CL (BCC) (Commercial, Limited;
Brookhurst Commercial Corridor Overlay) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 2000-226 approved (ZA2001-26). (Tentative Parcel Map has
a ten-day appeal period ending August 9, 2001).
B14. TENTATIVE PARCEL MAP NO. 2001-160
CATEGORICALLY EXEMPT - CLASS 15:
OWNER: The Best Union LLC, Attn: Sandy Lee
1300 East Katella Avenue, Orange, CA 92867
LOCATION: 2381-2385 West Lincoln Avenue (Granada Inn). Property is 1.8 acres
located at the northeast corner of Lincoln Avenue and Gilbert Street.
To establish a 2-lot, commercial subdivision in the CL (Commercial, Limited) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 2001-160 approved (ZA2001-27). (Tentative Parcel Map has
a ten-day appeal period ending August 9, 2001).
Council Member McCracken said the City had been working consolidating properties on Lincoln
and this was a division.
Zoning Administrator Santalahti responded that the property had conditions that maintenance of
property be done across the property lines as well as parking and signage be calculated across
the two parcels.
Elisa Stipkovich, Executive Director Redevelopment, answered that she was not sure if the
property was in the West Anaheim Redevelopment Project area. Regardless, the City had been
recommending reduction of the number of motels and staff would want to take a closer look at it
and make a recommendation.
Mayor Daly suggested that both Planning and Redevelopment review an application filed within
a redevelopment area. Ms. Stipkovich responded that :lormally they were, this property might
not be within a project area, she explained she would check.
Council Member McCracken requested that Tentative Parcel Map No. 2001-160 be settor
hearing, seconded by Mayor Daly.
B15. CONDITIONAL USE PERMIT NO. 2001-04428
WAIVER OF CODE REQUIREMENTS
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Canyon Plaza Shopping Center LLC, Attn: Harold Hembree
P.O. Box 7250, Newport Beach, CA 92658
,....,...".....__."..._...~._,.._'~ ^~..~.~~"-~...- .,_.~~-~~._._."
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7, 2001
PAGE 14
LOCATION: 5747 East Santa Ana Canyon Road (Maxwell's Restaurant). Property
is 15 acres located at the northeast corner of Santa Ana Canyon Road and Imperial
Highway.
To permit the sale of alcoholic beverages for on-premises consumption in the proposed
expansions of an existing restaurant in a commercial retail center with waiver of
minimum number of parking spaces in the CL (SC) (Commercial, Limited; Scenic
Corridor Overlay) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Conditional Use Permit No. 2001-04428 approved (ZA2001-28).
Waiver of Code Requirements approved.
Items 816 throuah 819 From Plannina Commission Meetina of Julv 30.2001: (No action
by City Council required unless expressly indicated. Council may consider and act upon such
matters at its discretion. Items requiring a public hearing may be set for hearing at a later date
upon the request of any two Council members.) APPEAL PERIOD ENDS AUGUST 9,2001:
B16. RECLASSIFICATION NO. 2001-00053
179/170 VARIANCE NO. 2001-04442
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2001-04430:
TENTATIVE PARCEL MAP NO. 2001-157
AND NEGATIVE DECLARATION:
OWNER: Dahn Cong Ho, 25726 Demeter Way
Mission Viejo. CA 92691
LOCATION: 203 North Coffman Street. Property is approximately 0.27 acre with a
frontage of 61 feet on the west side of Coffman Street located 430 feet north of the
centerline of Lincoln Avenue.
Reclassification No. 2001-00053 - To reclassify this property from RS-7200 (Residential, Single-
Family) Zone to the RM-3000 (Residential, Multiple-Family) Zone.
Conditional Use Permit No. 2001-04430 - To establish a one-lot condominium
subdivision to construct 3 detached condominium residences with waivers of a)
maximum fence height within required setback adjacent to a local street, b) maximum
structural height and c) required landscaped setback adjacent to a single-family zone.
Tentative Parcel Map No. 2001-157 - To establish a one-lot condominium subdivision
to construct 3 detached condominium residences.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2001-00053 granted (PC2001-99) (6 yes votes, Commissioner
Bostwick absent).
Variance No. 2001-04442 withdrawn.
Waiver of Code Requirement approved, in part.
Conditional Use Permit No. 2001-04430 granted (PC2001-1 00).
Tentative Parcel map No. 2001-157 approved.
Negative Declaration approved.
(Tentative Parcel Map has a ten day appeal period ending August 9,2001).
REPORTS AND RECOMMENDATIONS:
B17. DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN-
155 GENERAL PLAN CONFORMITY NO.
2001-00004
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7, 2001
PAGE 15
EXEMPTION SECTION 15061 (8)(3): County of Orange, Probation Department, 909
North Main Street, Suite 1, Santa Ana, CA 92701-3511, requests to determine
conformance with the Anaheim General Plan for the proposed lease of 7,000 square feet
of office space to the Orange County Probation Office. Property is located at 150 West
Cerritos Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Conformity No. 2001-00004 determined to be in conformance (4 yes votes,
Commissioners Arnold, Boydstun, Eastman and Koos, Commissioners Bristol and
Vanderbilt voted no and Commissioner Bostwick absent).
Mayor Daly reminded everyone that Item A 21 from the Consent Calendar would be discussed
and acted on at this time, in conjunction with Item B17.
Council Member Feldhaus moved to reverse the Planning Commission's determination of
conformance with the General Plan for the proposed lease of the 7,000 square feet which was
contrary to the recommendation of staff and determine that it is not in conformance with the
General Plan as recommended by staff. Motion seconded by Council Member McCracken.
Motion passed unanimously.
Council Member Feldhaus sited the reasons staff had taken the position was that the project
was located within the South Anaheim Boulevard Corridor Overlay zone and it identified that site
for regional and commercial land uses. He said the intent of the Redevelopment Plan was to
alleviate blighted conditions and improve the South Anaheim Boulevard area. He noted they
were concerned about it's proximity to the existing elementary school site where the tenants of
that particular facility may not be good for the neighborhood.
City Attorney White said by reciting the reasons as stated in the staff report, it would be
adequate and serve as the basis for the decision.
Mayor Daly offered Resolution No. 2001 R-212 for adoption.
A21.
RESOLUTION NO. 2001R-212 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM denying the waiver of Notice of Lease by the County of Orange of certain
property located in the City of Anaheim (150 West Cerritos Avenue).
179
Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Feldhaus, Kring, Tail.
Noes - O. Motion carried.
155
B18. DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN-
GENERAL PLAN CONFORMITY NO. 2001-00005
EXEMPTION SECTION 15061 (8)(3): County of Orange, Health Care Agency, 515
North Sycamore Street, Suite 618, Santa Ana, CA 92701, requests to determine
conformance with the Anaheim General Plan for the proposed lease of 10,000 square
feet of the office space to the Orange County Health Care Agency. Property is located
at 300 West Cerritos Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Conformity No. 2001-00005 determined not to be in conformance (6 yes
votes, Commissioner Bostwick absent).
-,...
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 16
Mayor Daly reminded everyone that Item A 22 from the Consent Calendar would be discussed
and acted on at this time, in conjunction with Item B 18.
City Attorney White noted that if Council wished to support the action of the Planning
Commission, they did not need to take further action. They still needed to dispose of the
request for 60 day notice, which he suggested consideration of the Resolution.
Mayor Daly offered Resolution No. 2001 R-213 for adoption.
179
A22. RESOLUTION NO. 2001R-213 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM denying the waiver of Notice of Lease by the County of Orange of certain
property located in the City of Anaheim (300 West Cerritos Avenue).
Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Feldhaus, Kring, Tait.
Noes - O. Motion carried.
155
B19. DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN -
GENERAL PLAN CONFORMITY NO. 2001-00006
EXEMPTION SECTION 15061 (8)(3): County of Orange, Sheriff-Coroner Department,
320 North Flower Street, Santa Ana, CA 92703, requests to determine conformance with
the Anaheim General Plan for the proposed lease of 1.9 acres of vacant land to develop
a parking lot. Property is located at 1510 South State College Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Conformity No. 2001-00006 determined to be in conformance (6 yes votes,
Commissioner Bostwick absent).
Mayor Daly said the staff report discusses the improvements that are to be made to the lot and
mentions that the County has been unwilling to commit to the full level of landscaping, fencing
and sidewalks requested by the City. He suggested that the City take a stronger stand in an
attempt to secure and obtain all the improvements that staff had suggested. He added that the
County may be reluctant to make the improvements because they were leasing the land from
Southern California Edison, never the less he said, the City should insist on all the
improvements that were needed.
City Attorney White said that the Mayor's desire to have adequate improvements installed was
adequate to present to the County. He reminded that the City's jurisdiction with regard to the
zoning code as opposed to the General Plan conformity issue, was more limited in that, by law,
the County need not comply with the City's zoning requirements, however, as governmental
agencies, there was a certain desire to cooperate that can be conveyed to the County and seek
their cooperation.
Mayor Daly asked the City Manager's Office to keep the Council posted as to the cooperation
with the County on the development of the site. He asked if this property was one being
reviewed as part of the General Plan review.
Mary McCloskey, Planning Department, responded that the whole City was being considered as
part of the General Plan review. She noted this property, as far as an open space linkage, the
property immediately across State College Boulevard was improved with a warehouse/ self-
storage facility and staff did coordinate with Community Services Department and Community
Development and it was determined that was probably not an area that they would be looking
",
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 17
for any open space linkage. She explained that staff had many meetings with the County as
well as the commissary staff and they have agreed to, initially with their first phase of
construction or upon commencement of the parking lot construction, install full improvements
along State College Boulevard and to put up fencing, screening and landscaping. She noted it
would match what was across State College. She explained that they were looking at their
budget as to landscaping and fencing improvements along Cerritos, but staff could not get them
to agree to the full improvements along Cerritos. She added that it was unique in that the
inmates owned the commissary and the Sheriff could only spend money from their trust to
improve the parking lot. The monies generated from the commissary and the parking lot would
be to service the commissary were used to provide amities to the inmates that the County would
otherwise not provide. She clarified that it was not a County funded parking lot, it was actually
an inmate-funded parking lot that the Sheriff was in charge of the trust.
Mayor Daly said he understood staff's comments on the General Plan vision for the area, but he
disagreed, saying he thought it would be a nice open space or green belt linkage from State
College over to the Santa Ana River right along the easement. He said without a vision for the
easement, the City ends up with a parking lot for an inmate owned commissary and the City
ends up with no legal means of requiring them to install full landscaping and fencing and
sidewalks because there was no alternate vision. He added that if the City never had a vision
for easements, this is what they would end up with. He asked the County to find the funding
and let the City of Anaheim know if there was any thing they could do to help.
Regarding the General Plan review underway, Mayor Daly asked for a process by which the
community and Council are given choices on the easements, some alternatives.
6:00 P.M. PUBLIC HEARINGS:
].1;1.6', 1';. C 1 .
CONTINUED PUBLIC HEARING: To consider the abandonment of various utility
easements and facilities located within Tract No. 11830.
At their meeting held June 5, 2001, Item A17, the Anaheim City Council adopted
Resolution No. 2001 R-123 declaring its intention to vacate certain public utility
easements and setting a date and time to consider the abandonment of various public
utility easements and facilities located within Tract No. 11830 near the northeast corner
of Lincoln Avenue and Beach Boulevard (Abandonment No. 96-6A) (Continued from
Council meeting of July 10, 2001, Item C3, at staff's request).
REQUESTED BY: Anaheim Redevelopment Agency, on behalf of Lincoln Beach
Associates, LLC, 14011 Ventura Boulevard, Suite 404, Sherman Oaks, CA 91423
Natalie Meeks, Public Works, noted the abandonment was for public utility easements that were
dedicated in a tract map some time ago. She said the development only partially went forward
and then abandoned. She said the lots would be consolidated to make way for future
redevelopment of the site.
Mayor Daly opened the public hearing.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 18
Linda Lee Grau said the abandonment would be a good way for the City to begin the process of
ending the Redevelopment Agency. She said the City could sell the property to the private
sector.
Hearing no further testimony, Mayor Daly closed the hearing.
Mayor Daly moved to approve the CEQA Finding, Categorically Exempt, Class 5, seconded by
Council Member McCracken. Motion carried unanimously.
Mayor Daly moved to approve Resolution No. 2001 R-214.
RESOLUTION NO. 2001R-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM vacating certain public utility easements. (Abandonment No. 96-6A)
Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Feldhaus, Kring, Tait. Noes
- O. Motion carried.
Mayor Daly moved to approve the quitclaim of the City's right, title and interest in the
abandoned area to the applicant, seconded by Council Member McCracken. Motion carried
unanimously.
C2.
155/179
CONTINUED PUBIC HEARING: GENERAL PLAN AMENDMENT NO. 2001-00394
RECLASSIFICATION NO. 2001-00051
REQUEST CITY COUNCIL REVIEW
AND NEGATIVE DECLARATION:
OWNER: City of Anaheim Redevelopment Agency, Attn: Elisa
Stipkovich. 201 South Anaheim Boulevard, #1003
Anaheim, CA 92805
LOCATION: 1025 -1109 East Lincoln Avenue. This rectangularly-shaped 0.66-acre
property is located at the northwest corner of Lincoln Avenue and East Street.
General Plan Amendment No. 2001-010394: An amendment to the Land Use Element
of the Anaheim General Plan to redesignate this property from the Medium Density
Residential land use designation to the General Commercial land use designation.
Reclassification No. 2001-00051: To reclassify this property from RM-1200
(Residential, Multiple-Family) Zone and CL (Commercial, Limited) Zone to the CO
(Commercial, Office and Professional) Zone to construct a three-unit office building.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of Exhibit A to City Council for General Plan Amendment 2001-
00394 (PC2001-68) (7 yes votes).
Reclassification No. 2001-00051 granted (PC2001-69).
Approved Negative Declaration.
(Informational item at the Council meeting of June 19, 2001, Item B2. Public hearing
continued from Council meeting of July 24, 2001, Item C2, at staff's request).
Elisa Stipkovich, Executive Director Redevelopment, presented the staff report. She explained
that a letter from Mr. Chinn prompted the continuance. She explained that staff had met with
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 19
the community and they were continuing to work with the developer, Build Your Heart Out, and
the architect to come up with a re-design, which would be taken back to the community. She
explained that on this agenda, Council was only considering the land use issue, the Disposition
and Development Agreement would come to Council at a later date.
Ms. Stipkovich said she thought the remaining issues in contention were whether there should
be a move on structure or new construction and the style of architecture.
Mayor Daly informed that the Council had received a letter from seven neighbors that
mentioned alternatives and a large utility pole owned by Edison. He said he thought the City
owned the utility pole and Ms. Stipkovich agreed it was City owned.
Council Member Kring asked if the neighbors were content with working with the City. Ms.
Stipkovich answered that they were willing to listen to what the City proposes. She indicated
that she was having a problem finding a structure that would be appropriate to move on the
property. Staff felt the alternatives of existing buildings were something to consider, but were
running out of options. She added that the staff hoped to return to the residents in two weeks
with a modification of the design, which would require a public hearing, possibly coming back to
Council in September.
Council Member McCracken asked if the only issue before Council now was the issue of only
changing the General Plan for the small secondary piece. Ms. Stipkovich answered that the
zoning on the corner was commercial and there was a small piece that was RM1200 residential
that was being asked to rezone to commercial, which was all that was being considered.
Council Member McCracken asked if the other two lots were being combined and Ms.
Stipkovich answered that there was a portion that was already subdivided that was going
residential. Council Member McCracken asked if there would be a vacant site between the two
and Ms. Stipkovich responded no, it would be one parcel.
Council Member Kring said footnote two of the letter indicated that the residents had gathered
close to 200 signatures of neighbors opposing the plan.
Ms. Stipkovich said Mr. Chinn indicated to her that they would go along with the commercial
land use but they had questions about the architecture of the new construction. She said he
understood that the hearing this date was the land use hearing.
Mayor Daly opened the public hearing and hearing no testimony; he closed the public hearing.
Mayor Daly moved to approve the CEQA Finding, Negative Declaration, seconded by Council
Member McCracken. Motion carried unanimously.
Mayor Daly offered Resolution No. 2001R-215 and 2001R-216 for adoption.
RESOLUTION NO. 2001R-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving an amendment to the Land Use Element of the Anaheim General Plan
designated as Amendment No. 2001-00394
RESOLUTION NO. 2001 R-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM finding and determining that the zoning map referred to in Title 18 of the Anaheim
.,,...
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7, 2001
PAGE 20
Municipal Code should be amended and that the boundaries of certain zones should be
changed. (Reclassification No. 2001-00051)
C3.
CONDITIONAL USE PERMIT NO. 2001-04372
CATEGORICALLY EXEMPT - CLASS 11
OWNER: Vineyard Christian Fellowship
5340 East La Palma Avenue, Anaheim, CA 92807
AGENT: Craig A. Pahl, 5340 East La Palma Avenue
Anaheim, CA 92807
LOCATION: 5300 - 5340 East La Palma Avenue. Property is approximately 23.1
acres with a frontage of 1,187 feet on the south side of La Palma Avenue located 2,370
feet west of the centerline of Imperial Highway (Vineyard Christian Fellowship).
To construct two marquees signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04372 granted, subject to conditions of approval
(PC2001-82) (6 yes votes, Commissioner Bristol absent).
(Public hearing set by Council Member McCracken and Mayor Daly).
179
Mayor Daly expressed his concerns with consistency throughout the City and if Council allowed
certain type of signage for this property, it may have to be extended to other properties. One of
the issues he had concerns with was that it would allow for a message board and because La
Palma Avenue had so many businesses, the City may be in the position of having to allow it on
other properties in the area.
Greg McCafferty presented the staff report, explaining that the proposal was to construct two
marquee signs, one for Vineyard Church and one for Vineyard School and to retain one other
existing free standing sign identifying Fairmont School. He said the Code permitted marquee
signs by Conditional Use Permit for churches and schools. He explained the two new marquee
signs met Code and would be 11 feet high by 14 wide with 78 square feet per face. He
explained the Code allowed a sign height of 25 feet, a sign width of 20 feet and a sign copy area
of 250 square feet per face for marquee. The Code also allowed one monument sign per 300
feet of street frontage, however, he explained, monument signs were limited to a height of 8 feet
and a width of 10 feet with a sign copy area of 65 square feet per face. He said staff continued
to recommend approval of the two marquee signs, identifying all uses on the property based on
the nature of the signage and the removal of all other free standing signs and the planter wall
sign. Mr. McCafferty said that strategically locating the two marquee signs along the frontage
should provide for adequate identification of the uses and allow flexibility in displaying
changeable messages for all of the activities associated with the land uses. He explained that
when staff met with the petitioner, staff learned that they wished to retain an existing planter wall
monument sign that identified the Vineyard Church. He noted that sign was not part of the
original proposal considered by the Planning Commission and would require a code waiver to
exceed the maximum number of signs. He responded to Mayor Daly's question that the planter
wall monument sign was not considered at this meeting, it would require the case to be re-
advertised before the Planning Commission to consider it.
Discussion took place on the various sign exhibits contained in the Council material.
Mr. McCafferty explained that if Council approved what was being proposed this date by the
applicant; sign 1 which indicates Fairmont Private School would remain, sign 2 which identified
The Shepherd Shop would be removed, the Vineyard planter monument, which was not part of
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 21
the proposal, would be removed and sign 5 identifying Vineyard Christian School would be
removed.
Upon a question by Mayor Daly, Mr. McCafferty explained that the Code called for specific uses
to request marquee signs; churches, schools, auto dealerships of three acres or more, theaters
and lodging facilities.
Council Member McCracken asked if the Council was able to waive the size of the monument
sign and Mr. McCafferty responded that the applicant could request a sign variance before the
Planning Commission.
Mayor Daly opened the public hearing.
Craig Pahl, facilities manager and acting agent, noted that all signs had been removed except
for the Fairmont School sign and they had erected one marquee sign thinking that Planning had
approved the sign and they wanted to get the new sign up before the annual Pastor's
Conference. He noted they received a permit for the footing and installed the marquee at their
own risk. He said they would be willing put up the Vineyard School sign on the field property,
but it would not have to be a marquee.
David Jackson, Executive Director Fairmont Private Schools, said that they wanted to keep their
existing sign and supported Vineyard's application.
A representative of McClain and Schultz, Architechs, said that the property was only 13 feet
short of being allowed four signs. He said compared to the properties in the surrounding area,
the property was very open. He explained signs in the area that were extensive, which he felt
Vineyard would not be setting a precedent. He finished by stating he hoped Council would vote
in favor of Vineyard.
Mayor Daly closed the public hearing.
Mayor Daly reiterated that Mr. Pahl indicated that they would be willing to drop the request for
the marquee sign on the school. Mr. Pahl responded that they would ask to have three signs,
that they would be able to erect a monument sign for the school. He said the word "Vineyard"
was written around the monument (referred to as Vineyard planter sign) and they would remove
that and add another sign for Vineyard Christian School on the field property. There would be
three signs, one Vineyard marquee, one Vineyard School sign that would be either monument
or free standing, and one standing Fairmont sign.
Greg McCafferty said staff would be supportive of that proposal, they would suggest if they were
considering a monument sign for Vineyard Church, that the Fairmont Private School sign be
reconstructed to match it.
Council Member Kring said she would support the Planning Commission's decision.
Council Member Feldhaus asked if the School was agreeable to changing their sign to match
Vineyard's. Mr. Jackson said they had not considered it and had not budgeted for any changes
but would like to be able to return to Planning or Council if it is determined that they wanted a
marquee sign.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 7,2001
PAGE 22
Mr. McCafferty said that staff recommendation was three signs, one marquee for the Church
and two monuments for the two schools.
Council Member Tait suggested the matter be continued so that Fairmont would have a chance
to study the costs and facts. Seconded by Council Member Kring. Motion carried to continue
CUP 4372 to September 11, 2001.
Report on Closed Session Actions: None.
Council Communications:
Council Member Tait asked that the ordinance being prepared for board and commission term
limits should state that current Commissioners finish out their existing terms.
Council Member Kring said that there would be rebates for solar panels and she also mentioned
that Anaheim Hills Golf Course was in the top 100 golf courses.
Council Member Feldhaus reminded everyone of the Halloween Fall Festival Parade to be held
October 27,2001.
Mayor Daly asked the City Attorney to check into what steps could be taken to place Southern
California Edison easements into open space and he asked that staff report back on how other
cities accomplished landscaped open space easements used by the public. His second request
was that the 2001/2002 Budget be placed on the next Council agenda for the purpose of
suggesting some additions and subtractions.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 8:36 P.M.
Respectfully submitted:
~LJ~
Sheryll Schroeder, CMC
City Clerk
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