2001/11/13
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
NOVEMBER 13, 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: Assistant City Manager Dave Morgan, City Attorney Jack White, City Clerk
Sheryll Schroeder, Public Works - City Engineer Gary Johnson, Community Services Director
Chris Jarvi, Executive Director Community Development Elisa Stipkovich, Zoning Division
Manager Greg Hastings and Police Sergeant Randall West.
A copy of the agenda for the meeting of the Anaheim City Council was posted on November 9,
2001 at the City Hall inside and outside bulletin boards.
,...
Mayor Pro Tem Shirley McCracken called the regular meeting to order at 3:13 P.M. in the
Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONSIDELETIONS 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 3:14 P.M.
Mayor Daly and Council Member Tait joined Closed Session at a later time.
1.
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.
2.
ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS:
Titles: City Manager, City Attorney, City Clerk, City Treasurer
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 or may be filed against
the City concerning such franchises by an existing taxicab permit holder and/or certain
proposers which may not be awarded franchises.
3.
4.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: South Coast Cab Co. v. City of Anaheim, Orange County Superior
Court Case No. 80-03-59.
5.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of
litigation pursuant to subdivision @ of Section 54956.9 of the Government Code):
one potential case.
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 2
6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the
Government Code)
Property: 1370 South Sanderson
Agency negotiator: David M. Morgan
Negotiating parties: City of Anaheim and Robert G. Jones (Rancho Del Rio Stables)
Under negotiation: price and terms
AFTER RECESS:
Mayor Daly called the regular Council meeting of November 13, 2001 to order at 5:24 P.M. and
welcomed those in attendance.
INVOCATION: Reverend David KolI, Anaheim Christian Reformed Church
FLAG SALUTE: Council Member Kring
119 PROCLAMATIONS AND DECLARATIONS:
Proclaiming November 4 - 17, 2001, as Employees' Charities Weeks in Anaheim.
Recognitions to be presented at a later date were a proclamation recognizing the Automobile
Club of Southern California.
At 5:28 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Anaheim Housing Authority meetings.
Mayor Daly reconvened the City Council meeting at 5:33 P.M.
Mayor Daly requested that prior to public comments, the City Attorney comment on Item A27
relating to taxicab franchises. Item A27 taken out of order at this point.
173
A27. 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.
MOTION: Approving the final ratings and rankings of the taxi cab
franchise proposals submitted to the City on or before October 30, 2000.
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; July 24,2001, Item A30; August 7,2001, Item A24; and
October 16, 2001, Item A25).
MOTION
CEQA FINDING: Categorically Exempt, Class 1.
MOTION Overruling all protests and directing the City Attorney to
prepare an ordinance awarding a taxicab franchise to Yellow Cab Company of Northern
Orange County; or, in the alternative, denying the award of a taxicab franchise to the
applicant.
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 3
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; July 24, 2001, Item A30; August 7, 2001, Item A24; and
October 16, 2001, Item A25).
MOTION
CEOA FINDING: Categorically Exempt, Class 1.
MOTION Overruling all protests and directing the City Attorney to
prepare an ordinance awarding a taxicab franchise to American Livery, Inc. dba
American Taxi; or, in the alternative, denying the award of a taxicab franchise to the
applicant.
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; July 24, 2001, Item A30; August 7, 2001, Item A24; and
October 16, 2001, Item A25).
MOTION
CEOA FINDING: Categorically Exempt, Class 1.
MOTION Overruling all protests and directing the City Attorney to
prepare an ordinance awarding a taxicab franchise to A White and Yellow Cab dba A
Taxi Cab; or, in the alternative, denying the award of a taxicab franchise to the applicant.
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; July 24,2001, Item A30; August 7,2001, Item A24; and October
16,2001, Item A25).
MOTION
CEOA FINDING: Categorically Exempt, Class 1.
MOTION Overruling all protests and directing the City Attorney to
prepare an ordinance awarding a taxicab franchise to Cabco, Inc. dba California Yellow
Cab; or, in the alternative, denying
the award of a taxicab franchise to the applicant.
City Attorney, Jack White, recommended a continuance of Item A27 until the Council meeting of
December 11, 2001. He stated that this would provide staff the opportunity to prepare for
Council a memorandum making final recommendations with regard to the award of taxi
franchises. The recommendations would relate, in part, to activities that were scheduled to
occur in court on November 14, 2001, he said. He said that after the memorandum was
prepared, staff requested that there be time to circulate and distribute it to the all the franchise
applicants so that they would have an opportunity to see the recommendation and be in a
position to comment on the recommendations to Council on December 11, 2001. He stated that
this would be the last postponement of the item and an action would be sought from Council at
the meeting of December 11, 2001.
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 4
Mayor Daly opened Item A27 for public comments and noted that it was staff's recommendation
to continue the item to December 11, 2001. There were no public comments.
Mayor Daly moved, seconded by Council Member McCracken, to continue Item A27 to
December 11, 2001. Motion carried unanimously.
Mayor Daly requested that prior to public comments, Item A26 be taken out of order at this
point.
127
A26. Consider the submission of possible City Charter amendments to the voters of the City
at the March 5, 2002 statewide primary election (Continued from the Council meeting of
November 6,2001, Item A31).
Mayor Daly asked if this was the last Council meeting that an item could be placed on the March
ballot. City Clerk, Sheryll Schroeder, said that the last Council meeting would be December 4,
2001, and the County deadline was December 7,2001. Mayor Daly noted that he had received
public input from citizens regarding the item and said that he believed that further discussion on
Charter Amendments for the March ballot was unnecessary. He suggested that the item be
removed from the agenda.
Mayor Daly opened Item A26 for public comments.
Fred Hunter, former Mayor and Council Member, said that there were only two-year terms for
Mayor and Council Members when he was first elected and one had to be a member of the
Council to run for Mayor. He said that he rescinded the two-year limits and made all terms four-
years and with Council and Mayor, total of eight-years. He said he believed that eight-years
was enough and what was needed was vision, leadership and new ideas.
Stefanie O'Neil-Perry, 216 South Mohler Drive, submitted letters and petitions for the record
regarding Item A26, recommending no change in term limits.
Janet Hunt, Supervising Trial Council for the State Bar of California, commended the Mayor for
deleting Item A26 from the agenda and taking the voters of the City into consideration.
Miriam Kaywood, former Council Member, disagreed with Mr. Hunter and spoke on behalf of
Council Member McCracken. She was concerned that someone without experience would be
elected as Mayor and that there would be a great deal of damage done to the City. She was on
the Charter Review Committee and she said the Committee did not finish it's work. She said to
leave an important issue unfinished was not helpful to the City. She asked that the Charter
Amendment be written clearly.
Mayor Daly moved, seconded by Council Member Kring, to delete Item A26 from the agenda.
Motion carried unanimously.
ADDITIONSIDELETIONS TO THE AGENDA: None.
PUBLIC COMMENTS:
James Robert Reade, 100 West Midway Drive, Space #124, spoke about a violation of civil
rights and said that people had been thrown out of their homes.
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 5
Harold Martin voiced his opposition to the actions of the Orange County Chief of Police and
Sheriff's Association regarding the intention to accept Mexican identification cards as valid
identification. He added that the City's Police Chief was a proponent and that was why he was
before Council. He spoke about illegal aliens and the protection clause of the Fourteenth
Amendment.
Pedro Vasquez, 1219 North Deanna Street, said he was a street vendor and had problems with
parking. He said that he was issued two tickets last week and others that parked in the same
area were not ticketed.
Art Castillo, 1431 West Chateau, expressed that there was an imbalance in the law and he
referred to the street vendors and said that he had been in negotiations with Code Enforcement
over ticketing.
Joe Honesko, 5326 Westridge Road, representative and Co-Chairman of the Nutcracker 2001
Committee, invited everyone to the December 1, 2001 ceremony.
Greg Palmer, Treasurer for the Anaheim Police Association, spoke on Item A20, noting that the
Association endorsed the contract between the Anaheim Police Department and Wellness
Solutions Corporation. The program had a positive impact on the lives of the police officers and
had identified several illnesses that could have been life threatening, he said. He added that the
officers were becoming healthier as a result of the contract.
Joyce Little said she had just been served and notified for a second time that the City Attorney
had filed a suit against her for Municipal and Penal Code violations. She stated that she was
disabled and in order for her to return to work, she would have to obtain a credential and report
a misdemeanor and the misdemeanor would prevent that. She said that the suit was due to
garbage cans and garbage and that Code Enforcement had wanted her to provide a shield for
the cans. She said that her neighbors had damaged her property and that they had not been
cited for their garbage cans.
Mayor Daly asked the City Manager to review the details of Ms. Little's situation and present a
report to Council. He asked for the status of the citation and/or other City actions that had been
taken.
Assistant City Manager Morgan said that Code Enforcement and City Attorney's Office would
work together with Ms. Little over the next two-days and obtain a report on the situation.
Elizabeth O'Neil, 1803 West Victoria, spoke about the dangers of commercial truck traffic on
Broadway. She said that a big rig truck at the Supersaver Market at Broadway and Euclid
Street had killed her father, Harvey Brillon, on March 29, 2001. She noted that there were
neighbors in the audience that had attended in support and she added that a public safety
meeting was held with the neighbors and the police department.
Jim Brillon, 1510 East Appleton Street, Long Beach, said that his father was Harvey Brillon and
he spoke about what needed to be done in the area. He said that the Police Department had
recommended that a traffic signal and crosswalk be installed at the site to allow a chance for
trucks to get into traffic with less distraction and chance of injuring or killing someone. He asked
for Council's support in an expedited manner to place the traffic signal at the site and a
crosswalk.
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 6
Mayor Daly said that in regards to the traffic signal, Council would refer the matter to the City
Manager's Office to make recommendations to Council.
Ralph Brown said that the traffic had become much faster in the Broadway area. He said that
he thought the speed limit should be brought down since the trucks had to get out in a hurry. At
the Euclid Street and Broadway intersection, people ran the light, and tend to make a left turn at
the first street, he said. By having an additional light there, or at least a crosswalk, he added,
would provide protection to children coming home from school.
Mayor Daly once again asked the City Manager to provide Council with a recommendation and
an analysis on the subject.
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 - A22: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Item A 16 acted upon separately and Item A 17
continued to December 4,2001. Mayor Daly offered Resolutions Nos. 2001 R-280 and
Ordinance Nos. 5791 through 5792 for adoption. Motion carried unanimously.
128
117
105
A1.
Receive and file the Monthly Financial Analysis presented by the
Finance Director for three months ended September 30,2001; the Investment Portfolio
Report of October 2001; minutes of the Investment Advisory Commission meeting of
May 15, 2001; minutes of the Park and Recreation Commission meeting of September
26, 2001; minutes of the Public Utilities Board meeting of October 4, 2001; and minutes
of the Redevelopment and Housing Commission meeting of October 17, 2001.
A2.
Approve and Authorize the Mayor and City Clerk to execute the Agreement for
Acquisition of Real Property located at 1380 South Harbor Boulevard and authorize the
acquisition payment, in the amount of $171,120, to Northwest Hotel Corp.
158
123
A3.
Approve and authorize the Mayor and City Clerk to execute the Stipulation in Support of
Entry of Judgment and Final Order of Condemnation of real property located at 1100
West Katella Avenue for the Katella Avenue Smart Street and Anaheim Resort
Improvement Projects and authorize payment, in the amount of $90,000, to Coco's.
160
A4.
Accept the bid of Synchronex, in an amount not to exceed $315,800, for the purchase of
up to forty traffic signal controllers and twenty controller cabinets in a one-year period
with the option to renew for up to two one-year terms and authorize the Purchasing
Agent to exercise that option in accordance with Bid #6208.
In response to Council Member McCracken, Public Works - City Engineer Gary Johnson, stated
that the traffic signal controllers were state of the art controllers used to replace controllers that
were not out dated but were not as sophisticated. He indicated that this would improve traffic
flow throughout the City.
160
A5.
Accept the bids of Kuhlman Electric, in an amount not to exceed $71,799.20, for thirty
transformers (identified as Item Nos. 1, 2, and 4) and Cooper Power Systems, in an
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 7
amount not to exceed $8,388.60 for six transformers (identified as Item No.3) for the
period of November 14, 2001 through November 13, 2002 with three one-year optional
renewals and authorize the Purchasing Agent to exercise the renewal option in
accordance with Bid #6220.
160
A6. Accept the bid of Southwest Power, Inc., in the amount of $22,089, for three 69kV
potential transformers in accordance with Bid #6221.
160
A7. Accept the low bids of AAA Flag and Banner, in an amount not to exceed $67,320, for
the fabrication of banners and from Higgason Enterprises, in an amount not to exceed
$22,440, for banner installation and removal for a one-year period with three one-year
renewals and authorize the Purchasing Agent to exercise the renewals in accordance
with Bid Nos. 6225 and 6224.
123
A8. Approve and authorize the Public Utilities General Manager to execute an agreement
with Onsite Energy Services for the acquisition of labor and services for temporary
personnel for a one and one-half year term beginning November 2001 and ending June
2003 with one option one-year extension.
113
A9. RESOLUTION NO. 2001 R-280 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of certain City records more than two
years old (Public Utilities Department).
129
A 10. Approve the Fire Department to carryover expenditure appropriations from the prior
fiscal year, in the amount of $724,259, for the Metropolitan Medical Response System
Contract, Capital Projects and the Used Oil Recycling Grant Cycle 6.
123
A 11 Approve and authorize the Mayor to execute the Agreement for Protection of Wildlands
with the State of California Department of Forestry and Fire Protection for protection of
wildland areas within the City.
140
A 12. Accept a grant from the California State Library, in the amount of $7,095, to assist public
library staff secure a graduate degree in Library Science or Library Information Science
and increase revenue and expense by $7,095.
123
A 13. Approve and authorize the City Manager to execute an agreement by and among the
Orange County Flood Control District, the Redevelopment Agency and the City for the
Raymond Retarding Basin Perimeter Improvements (related to Item 3 of the
Redevelopment Agency meeting).
106
A 14. Approve the Public Works Department to carryover expenditure appropriations from the
prior fiscal year, in the amount of $210,000, for three portable box offices and radio
trunking systems, radios and accessories.
123
A 15. Approve and authorize the Executive Director of the Sports, Convention, and
Entertainment Department to execute an agreement between the City and Sports Group
of Southern California for the lease of the Convention Center Arena to host all of the
home basketball games of the Southern California Surf American Basketball Association
team.
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 8
Mayor Daly expressed support of Item A 15 and noted that the team would bring in revenue to
the Convention Center. He asked that staff work with the owner of the team to call the team
Anaheim and said that it would be to the team's benefit to rename it.
A 16. Approve the City Manager Employment Agreement between the City and David M.
123 Morgan for his services as City Manager commencing December 29,2001.
114
179
179
123
Council Member Tait asked that Item A 16 be removed from the consent calendar and acted
upon separately.
Council Member Tait moved, seconded by Council Member Kring, to approve the City Manager
Employment Agreement with David M. Morgan. Motion carried unanimously.
A17. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing the days and times of regular meetings of the City
Council (2002 calendar year).
Mayor Daly moved, seconded by Council Member McCracken, to continue Item A 17 to
December 4, 2001. Motion carried unanimously.
A 18. ORDINANCE NO. 5791 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2001-00048) (Northeast corner of Imperial
Highway and Via Escola) (Introduced at the Council meeting of November 6, 2001, Item
A18).
A19. ORDINANCE NO. 5792 (ADOPTION) AN ORDINANCE OF CITY OF ANAHEIM
amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating
to zoning [Reclassification No. 99-00-15(1)] (2045 South State College Boulevard)
(Introduced at the Council meeting of November 6, 2001, Item A 19).
A20. Waive Council Policy No. 306 and authorize the Chief of Police to execute an agreement
with Wellness Solutions in an amount not to exceed $81,120, to provide a
fitness/wellness program for Anaheim Police Officers as provided for in the
Memorandum of Understanding between the Anaheim Police Association and the City
(Continued from the Council meeting of November 6, 2001, Item A21).
Council Member Feldhaus noted that there were 207 participants in the program and he said
that the Police Department disabling injury rate had gone down over thirty percent from the
previous year.
114 A21. Cancel the regularly scheduled City Council meeting of December 18, 2001.
114 A22. Approve minutes of the Council meeting of October 23, 2001.
END OF CONSENT CALENDAR
114 A23. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one year.
Mayor Daly moved, seconded by Council Member Kring, to continue the appointment of Mayor
Pro Tem to December 11,2001. Motion carried unanimously.
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 9
124
A24. Nominate and appoint a member to the Community Center Authority to fill the vacancy of
JoAnn Barnett for a non-established term.
Mayor Daly asked for clarification on the role of the Community Center Authority. He noted that
when it was formed, it was a partnership with the school district and was no longer the case.
However, he said, that the high school district must ratify the appointment to the board.
City Attorney White stated that the Authority was a joint power agency that was formed between
the City and the Anaheim Union High School District. He said that the High School District had
a very limited authority in that they were allowed to schedule events in the Convention Center
on a priority basis, including graduations and sporting events. The monetary contribution of the
Authority was limited to $100, he said, and the Council appointed all the members to the
Authority and the High School District then ratified the appointments. He said that the only
function of the Authority and its five members was to serve as the financing conduit for the
issuance of bonds. The Authority, in its own name, had in the past issued bonds for the 1965
construction of the Convention Center, Betterment I and Betterment II. The most recent
improvements done to the Convention Center, he said, were done by the Anaheim Public
Financing Corporation and not through the Community Center Authority because it was some of
the Anaheim Resort bond issue. The only requirement that the Authority had was to hold two
meetings per year and they were the title-owner of the buildings, not the land, he said. Those
were leased back to the City for operation by contract that continued until 2029 when the last of
the original Community Center Authority bonds were paid off. The buildings would then revert
to City ownership, he added.
Mayor Daly asked about residency and City Attorney White said that since the inception of the
Authority, the Council had appointed only City residents although the agreement that formed the
Authority did not specifically call for any residency requirement.
Mayor Daly moved, seconded by Council Member Kring, to continue Item A24 to the Council
meeting of December 11, 2001. Motion carried unanimously.
106 A25. To consider additions and/or deletions to the budget for the fiscal year 2001/2002.
Mayor Daly noted that on the Consent Calendar there was a carry over item from last year's
budget for the Fire Department that was voted on and approved. No action taken.
Items B1 throuah B5 From Planninq Commission Meetina of October 22. 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 NOVEMBER 13,
2001:
179
B1.
CONDITIONAL USE PERMIT NO. 2001-04448
WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION:
OWNER: SGF Limited Partnership
201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805
AGENT: Hardin Honda, Attn: Dennis Hardin, 1381 Auto Center Drive, Anaheim, CA
92806
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 10
LOCATION: 1330 Auto Center Drive. Property is approximately 2.95 acres with
frontages of 399 feet on the south side of Auto Center Drive and 366 feet on the north
side of Sanderson Avenue located 445 feet west of the centerline of Phoenix Club Drive.
To establish an automotive sales lot with employee parking in conjunction with an
existing automotive dealership with waiver of required parking lot landscaping.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04448 granted (PC2001-150) (6 yes votes,
Chairperson Vanderbilt was absent).
Waiver of Code Requirement approved.
Negative Declaration approved.
REPORTS AND RECOMMENDATIONS:
179
B2.
179
179
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CONDITIONAL USE PERMIT NO. 2000-04256. REQUEST FOR A RETROACTIVE
EXTENSION OF TIME AND NEGATIVE DECLARATION:
RHL Design Group, 1201 South Beach Boulevard, Suite 207, La Habra, CA 90631-
6366, requests an extension of time to comply with conditions of approval to permit and
construct a previously-approved service station with a convenience market with waivers
of a) maximum width of monument sign and b) required landscaping adjacent to interior
site boundary lines. Property is located at 1201 South Brookhurst Street (Arco AM/PM
Service station).
ACTION TAKEN BY THE PLANNING COMMISSION:
Time extension granted for one year to expire on September 25, 2002 (6 yes votes,
Chairperson Vanderbilt absent).
Negative Declaration previously approved.
B3.
CONDITIONAL USE PERMIT NO. 4181. REQUEST FOR REVIEW AND APPROVAL
OF FINAL PLANS AND NEGATIVE DECLARATION:
Pacific National Development, Attn: AI Marshall, 930 West 16th Street, #E2, Costa Mesa,
CA 92627, requests review and approval of final building elevation, landscaping,
signage, lighting, mechanical equipment, trash enclosure, fencing and recreational area
plans. Property is located at 3335 - 3351 West Lincoln Avenue (Lazy Living Mobile
Home Park and Madrid Motel).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans of Conditional Use Permit No. 4181 with an added stipulation (6
yes votes, Chairperson Vanderbilt absent).
Negative Declaration previously approved.
84.
CONDITIONAL USE PERMIT NO. 2000-04265. REQUEST FOR REVIEW AND
APPROVAL OF FINAL PLANS AND REQUEST FOR EXTENSION OF TIME
AND NEGATIVE DECLARATION:
Mercy Charities Housing California, AUn: Dara Kovel, 500 South Main Street #110,
Orange, CA 92868, requests review and approval of final elevation, landscaping,
lighting, mechanical equipment and fencing plans and extension of time to comply with
conditions of approval. Property is located at 2240 West Lincoln Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans of Conditional Use Permit No. 2000-04265 and granted extension
of time for one year to expire on November 6, 2002 (6 yes votes, Chairperson Vanderbilt
absent).
Negative Declaration previously approved.
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 11
B5.
155
GENERAL PLAN AMENDMENT NO. 2001-00398. REQUEST FOR CITY-INITIATED
GENERAL PLAN PROCEEDINGS. CEQA EXEMPTION - SECTION 15061(b)(3):
City of Anaheim, Community Development Department, Attn: Lisa Stipkovich, 201 South
Anaheim Boulevard, Anaheim, CA 92805, requests for Planning Commission initiation of
General Plan Amendment proceedings. Property is approximately 120 acres generally
bounded by Broadway to the north, East Street on the east, Vermont Street on the south
and Olive Street on the west (Downtown Industrial Area).
ACTION TAKEN BY THE PLANNING COMMISSION:
Initiated General Plan Amendment No. 2001-000398, approved with modifications (4 yes
votes, Commissioners Bostwick and Boydstun voted no and Chairperson Vanderbilt
absent).
Items B6 throuQh B7 From ZoninQ Administrator MeetinQ of November 1. 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 NOVEMBER 23,
2001:
B6.
179
CONDITIONAL USE PERMIT NO. 2001-04454
WAIVER OF CODE REQUIREMENT. CATEGORICALLY EXEMPT - CLASS 1:
OWNER: American Investments Chino LLC, Attn: Alec D. Glasser
301 Forest Ave., Laguna Beach, CA 92651
LOCATION: 430 South Anaheim Hills Road. Suite D. (Anaheim Hills Plaza).
Property is 11.4-acres located at the northeast corner of Nohl Ranch Road and Anaheim
Hills Road.
To permit on-premises sales and consumption of beer and wine within a proposed full-
service restaurant within a commercial retail shopping center in the CL(SC)
(Commercial, Limited; Scenic Corridor Overlay) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Conditional Use Permit No. 2001-04454 approved, in part (ZA2001-40).
Waiver of Code Requirement withdrawn.
VARIANCE NO. 2001-04460
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: South Street LLC, 901 E. South Street, Anaheim, CA 92805
AGENT: Brian Van Patten, HPA Inc., 4931 Birch Street
Newport Beach, CA 92660
LOCATION: 901 East South Street. Property is 20.44 acres having frontages on 561
feet on the north side of South Street and the south side of Santa Ana Street with a
maximum depth of 1,596 feet located 590 feet west of the centerline of East Street.
Waiver of minimum number of parking spaces and a maximum fence height to permit
and retain existing accessory outdoor storage of trucks and trailers and an 8-foot high
wrought iron fence within the required front yard setback of an industrial property in the
ML (Limited Industrial) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2001-04460 approved, in part, waiver of fence height denied (ZA2001-41).
Items B8 throuQh B15 From PlanninQ Commission MeetinQ of November 5. 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 NOVEMBER
27,2001 except as noted:
B7.
179
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 12
B8. CONDITIONAL USE PERMIT NO. 2001-04420
WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION:
OWNER: Gary D. and Linda L. Schnaible, 11331 Barclay Drive
Garden Grove, CA 92841
AGENT: Farano and Kieviet, 2300 East Katella Avenue, Suite 235
Anaheim, CA 92806
LOCATION: 1333 South Euclid Street. Property is approximately 0.27 acre located at
the southwest corner of Euclid Street and Chalet Avenue (Serenity Hall).
Requests to retain an unpermitted meeting hall for self-help groups with waivers of a)
minimum number of parking spaces and b) required site screening.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied Conditional Use Permit No. 2001-04420 (PC2001-152) (5 yes votes,
Commissioner Boydstun voted no and Commissioner Vanderbilt absent).
Waiver of Code Requirement denied.
Negative Declaration approved.
B9. CONDITIONAL USE PERMIT NO. 2001-04409
AND NEGATIVE DECLARATION:
OWNER: Madison Squares Anaheim Hills
2795 West Lincoln Avenue, Suite F, Anaheim, CA 92801
AGENT: The Consulting Group, Attn: Duan Dao
18500 Von Karman Avenue, Suite 870, Irvine, CA 92612
LOCATION: 7777 East Santa Ana Canyon Road. Property is approximately 3.06
acres located at the terminus of Camino Tampico, with a frontage of 783 feet on the
northwest side of Santa Ana Canyon Road located 390 feet northeast of the centerline of
Eucalyptus Drive (Madison Squares Self Storage).
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04409 withdrawn.
B10. RECLASSIFICATION NO. 2001-00059
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2001-04453
TENTATIVE TRACT MAP NO. 16233:
OWNER: John Priem, 12012 Knott Street, Garden Grove, CA 92841
Mr. Shih Chang, c/o James Chang, P.O. Box 8032, Newport Beach, CA 92658
AGENT: Comstock Homes, Attn: Brad Porter
321 12th Street, Suite 200, Manhattan Beach, CA 90266
LOCATION: 832 South Knott Avenue. Property is approximately 2.1 acres with a
frontage of 243 feet on the east side of Knott Avenue located 280 feet south of the
centerline of Rome Avenue.
Reclassification No. 2001-00059: Petitioner requests reclassification from the RS-A-
43,000 (Residential/Agricultural) Zone to the RM-3000 (Residential, Multiple - Family)
Zone or less intense zone.
Conditional Use Permit No. 2001-04453: To permit a detached and attached
condominium project with waivers of a) minimum parking space dimension, b) maximum
structural height adjacent to a single-family zone, c) required building setback adjacent
to a major arterial highway and d) minimum distance between buildings.
Tentative Tract Map No. 16233: To establish a one-lot condominium subdivision to
construct 18 detached and attached residential condominiums.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 13
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2001-00059 granted (PC2001-153) (6 yes votes, Commissioner
Vanderbilt absent)
Waiver of Code Requirement approved, in part.
Conditional Use Permit No. 2001-04453 (PC2001-154) granted, in part.
Tentative Tract Map No. 16233 approved.
(Note: Tentative Tract Map has a ten-day appeal period ending December 1,2001).
B11. CONDITIONAL USE PERMIT NO. 2001-04451
179 WAIVER OF CODE REQUIREMENT
AND NEGATIVE DECLARATION:
OWNER: Jill A. Richter and J. Rise Richter of Richter Farms Trust
5505 Garden Grove Boulevard, Westminster, CA 92683
AGENT: Interpacific Asset Management
5505 Garden Grove Boulevard, Westminster, CA 92683
LOCATION: 1084 - 1086 North State College Boulevard. Property is approximately
6.9 acres located north and east of the northeast corner of State College Boulevard and
La Palma Avenue (J.C. Fandango).
To permit a restaurant with public entertainment and on-premises sale and consumption
of alcoholic beverages with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04451 granted for one year to expire on November 5,
2002 (PC2001-155) (6 yes votes, Commissioner Vanderbilt absent).
Waive of Code Requirement approved.
Negative Declaration approved.
179 B12. CONDITIONAL USE PERMIT NO. 2001-04456
CATEGORICALLY EXEMPT - CLASS 11:
OWNER: Anaheim Gateway LLC, Attn: John Manavian
120 North Robertson Boulevard, Los Angeles, CA 90048
AGENT: Woody's Chicago Hot Dogs, Attn: Luis Martinez
13523 Dalwood Avenue, Norwalk, CA 90650
LOCATION: 1500 North Lemon Street. Property is approximately 26.34 acres located
at the southeast corner of Lemon Street and Durst Street (Woody's Hot Dogs).
To establish a mobile food concession cart outside an existing home improvement
center (Lowe's).
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04456 granted (PC2001-156) (6 yes votes,
Commissioner Vanderbilt absent).
REPORTS AND RECOMMENDATIONS:
179
B13. DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN -
GENERAL PLAN CONFORMITY NO. 2001-00010: County of Orange Public Facilities
and Resource Department, Attn: John D. Pavlik, 300 North Flower Street, Santa Ana,
CA 92702, requests for determination of conformance with the City of Anaheim General
Plan for the licensing of flood control channel land to an adjacent property owner for
parking and drive aisle purposes. Property is a parcel west of 2125 East Orangewood.
ACTION TAKEN BY PLANNING COMMISSION:
General Plan Conformity No. 2001-00010 determined to be in conformance with the
General Plan (6 yes votes, Commissioner Vanderbilt absent).
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 14
179
B14. CODE AMENDMENT ZCA 2001-00011
CEQA EXEMPTION - SECTION 15061 (b)(3) GENERAL RULE: City of Anaheim
Boulevard, Anaheim, CA 92805, City initiated (Planning Department) request for code
amendments pertaining to parking requirements in residential zones. Citywide.
ACTION TAKEN BY PLANNING COMMISSION:
Recommended adoption of Code Amendment ZCA 2001-00011 (6 yes votes,
Commissioner Vanderbilt absent).
179
B15. CONDITIONAL USE PERMIT NO. 2001-04332 - REQUEST FOR TERMINATION:
Max Heitzman, 608 2nd Avenue South, Suite 475, Minneapolis, MN 55402, requests for
termination of Conditional Use Permit No. 2001-04332 (to permit a pharmacy with drive
through and three unit retail center retail center with parking waiver). Property is located
at 1712, 1720, 1730 West La Palma Avenue and 1017, 1021, 1031 North Euclid Street.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 2001-04332 terminated.
6:00 P.M. PUBLIC HEARINGS:
179
C1.
CONDITIONAL USE PERMIT NO. 2001-04441
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Robert Smith Trustee, P. O. Box 54400
Los Angeles, CA 90054
AGENT: Phillip Schwartze, 31682 EI Camino Real
San Juan Capistrano, CA 92675
LOCATION: 2225 East Kate II a Avenue. Property is approximately 5.48 acres located
at the northwesterly corner of Katella and Howell Avenues.
To permit an auto collision repair and auto rental facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04441 granted for ten years to expire on September
24,2011 (PC2001-144) (6 yes votes, Commissioner Eastman was absent).
(Review of the Planning Commission's decision requested by Mayor Daly and Council
Member McCracken at the Council meeting of October 16, 2001, Item B6).
Zoning Division Manager, Greg Hastings, presented a staff report and said that the property
was zoned industrial with the resolution of intent to the Sports Entertainment Overlay Zone in a
district called existing district. The applicant proposed to refurbish existing buildings,
landscaping and signage in order to establish an auto body repair and painting facility with a
small accessory auto rental agency that would provide short term car rental services for car
repair customers. The applicant had indicated that the existing fencing would completely screen
any and all damaged vehicles from Katella Avenue, he said, but the vehicles could be seen from
a few nearby-distant mid and high-rise office buildings. Planning Commission had approved the
applicant's request because they thought it would be an improvement to the area and nothing
else was planned for the property, he noted. A ten-year time limitation was imposed by
Planning Commission to allow for amortization. The proposed improvements to the property
and an enhanced landscape plan was to be submitted to staff for review and approval, he
added, and the land use was not consistent with the general overall goals for development
within the stadium area. The adoption of the Sports Entertainment Overlay Zone was intended
to support the existing sporting venues with new office buildings, sports and entertainment uses,
hotels and retail services, all of which were discussed in the adopted Anaheim Stadium Master
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 15
Land Use Plan. The property had frontage on Katella Avenue and most all of the surrounding
and adjacent were located in the Katella Corridor District which was designated as a grand
boulevard that would connect Edison Field and Arrowhead Pond to the Anaheim Resort Area,
he said. The land use pattern in the immediate vicinity had changed over the past few years
with the development of mid and high-rise office buildings to the south and east, the Sun
Theater, south across Katella Avenue and the new Stadium Crossings commercial center to the
west. He said for that reason, staff continued to recommend denial of the request, especially
since this would not be a short time but would need ten years to amortize the proposed cost of
improvements.
In response to Mayor Daly, Zoning Division Manager Hastings said that in 1999, a
comprehensive vision for the area was adopted when a land use study was conducted. He said
that it resulted in the Anaheim Stadium Master Land Use Plan and a new Sports Entertainment
Overlay Zone. The stadium area could be designated the higher density development and
certain properties with less development potential were placed in the existing district
designation, he said, which was an industrial area. The intent was that it be compatible with the
surrounding Katella district, he added, and their new land use was allowed in the industrial zone
by right and conditional use permit and staff would be more comfortable with it, rather than the
conditional use permit for an automotive related use.
In response to Council Member Kring, Zoning Division Manager Hastings said that staff would
be more interested in seeing other uses on the property that would be more compatible and still
be able to utilize much of the property the way it was now. He also noted that the property did
have some difficulty with ingress and egress.
Mayor Daly opened the public hearing.
Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano, noted that there was the same
type of facility in San Juan Capistrano that had not created any problems and was about the
same size with much less parking. He noted that staff had expressed concerns about visibility
from those driving by on Katella Avenue. He said that the neighbors were automobile related
and that he was adjacent to two paint shops, a gas station, and a major recreational vehicle
repair facility located north of the property. He said that the Planning Commission had
approved the project for ten years and recognized the improvements that were to be put in. He
noted that the closest building to his project was Verizon, which was located to the east and he
said that it was very difficult to see the site from there and everything was well beyond that.
Ed Medvic, Vice President of Corporate Development for Caliber, said that Caliber was
committed to make the project a success. He noted that there were fourteen hundred members
of Caliber and he said that they were also committed to making the project a success. He said
that this would become an important center for Caliber and that they would do whatever they
could to make it work for Caliber and the City.
Matthew Orenstein, Chairman and Chief Executive Officer of Caliber Collision Centers, said that
Caliber was the largest provider of collision repair services in southern California and they
operated 34 company-owned stores and all the facilities were owned by Caliber. He explained
that they were not franchised and were recently ranked number nine of the top 500 fastest
growing companies in America with over 10,000 percent growth since 1996. He said that
Caliber had achieved this growth and success because of the commitment to high quality
collision repair services and a passion for attractive, clean and well-maintained facilities. He
added that two weeks ago, Caliber completed a $40 million equity financing with the existing
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 16
investors and a new investor, the Automobile Club of Southern California. Caliber was
committed to investing over $1 million within the next few months and over $1.3 million over the
next five years. Due to significant site improvements, the successful project was dependent on
a ten-year term for the conditional use permit. Any shorter period than the ten years, would
make it difficult to proceed, he noted. He explained the benefits of the business to the City and
said that there would be forty full-time jobs added and the jobs would be well paying and
positions would be filled within the local community. The City would benefit from the
redevelopment of the site that had been under utilized and it would be unlikely that the property
would otherwise be redeveloped in the foreseeable future for a better use. Mr. Orenstein stated
that the plans for the site were complimentary with the adjoining uses. He said that Caliber
would provide for fac;ade improvements to enhance the area and there would be limited traffic
impact even at capacity.
In response to Council Member Kring, Mr. Orenstein said that there was a shortage of qualified
workers and there were mentoring programs where people without skills were hired and trained.
John Wilson, 2800 Madison Avenue, Fullerton, representative of Caliber Collisions in their lease
negotiations at the site, sent a letter to Council dated October 29, 2001. He addressed several
concerns raised by staff and in regard to the Caliber conditional use permit application and
explained that all of the surrounding uses were compatible with Caliber's proposed use. Mr.
Wilson suggested that the property was not a likely candidate for redevelopment and subject to
a ground lease with less than 22-years remaining on the term. He noted that an office, hotel, or
retail developer would need a minimum ground lease term of 40 years or more to justify major
new development. The property had restricted access, he said, and the two existing driveways
were close to the intersection of Howell Street and Katella Avenue, making it unlikely a
candidate for redevelopment. He summarized that Caliber was an ideal candidate for the
location since they were able to utilize the existing auto related structures and fund more than
$1 million in building and site improvements. He said that granting a ten-year term on the
conditional use permit was both reasonable and necessary.
Mayor Daly closed the public hearing.
Mayor Daly noted that Planning staff had recommended denial of the project and if it were
approved by Planning Commission, staff had recommended a term of three years and Planning
Commission approved a permit for ten years. Mayor Daly said that this was a realistic proposal
given the ground lease hurdles that had been mentioned. He said that the applicant was
committed to spending money to upgrade the property which had been vacant for quite a while.
Council Member Kring said that she would like to see the permit issued for twenty-two years
since the ground lease was on there for twenty-two more years. She stated that if ten years
were granted, that would leave twelve years of a ground lease that would probably not be used.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Categorically Exempt - Class 1. Motion carried unanimously.
Mayor Daly offered Resolution No. 2001 R-281 for adoption as approved by the City Planning
Commission with all conditions recommended in their action.
RESOLUTION NO. 2001 R-281 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04441
FOR A PERIOD OF TEN YEARS TO EXPIRE NOVEMBER 13, 2011.
.. ......
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 17
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
179
C2.
CONDITIONAL USE PERMIT NO. 2001-04410
AND NEGATIVE DECLARATION:
OWNER: Essex Wire, 1075 North Patt Street, Anaheim, CA 92801
AGENT: The Consulting Group, Attn: Paul Kim
18500 Von Karman Avenue, Suite 850, Irvine, CA 92612
LOCATION: 1075 North Patt Street. Property is approximately 8.43 acres with a
frontage of 1,280 feet on the west side of Patt Street located 30 feet south of the
centerline of Commercial Street.
To permit a telecommunications antenna and accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04410 denied (PC2001-147) (6 yes votes,
Commissioner Koos abstained).
Negative Declaration approved.
(Informational item at the Council meeting of October 23, 2001, Item B3. Letter of
appeal submitted by Agent, Paul Kim).
Prior to Item C1 being acted upon, Mayor Daly moved, seconded by Council Member Feldhaus,
to approve the withdrawal of the appeal of Conditional Use Permit No. 2001-04410 as submitted
by the applicant.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Council Member Tait abstained. Motion carried.
179
C3.
"T"'"
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00001
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Office Max, 2781 West MacArthur Boulevard
Santa Ana, CA 92704
AGENT: Art Rodriguez and Associates, Attn: Peter Impala
709 East Colorado Boulevard, Suite 200, Pasadena, CA 91101
LOCATION: 620 North Euclid Street. Property is approximately 8.82 acres located at
the northeast corner of Euclid Street and Crescent Avenue (Smart and Final).
To allow the retail sales of alcoholic beverages for off-premises consumption within a
proposed market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determination of Public Convenience or Necessity No. 2001-00001 approved (PC2001-
148) (7 yes votes).
(Review of the Planning Commission's decision requested by Mayor Daly and Council
Member Feldhaus at the Council meeting of October 23,2001, Item 84).
In response to Mayor Daly, Executive Director Community Development, Elisa
Stipkovich, clarified that there was an existing agreement with the property owner
regarding certain uses and a reimbursement by the Agency that reflected a percentage
of the sales tax generated on the site. The money that had been invested was actually
California State Teachers Association and it was reimbursed on an annual basis
depending upon the revenue streams that came to the City, she said. This could affect
the amount of sales tax overall that the City received and it would also impact the owner
and it would take longer for them to get paid back if there was less sales tax received.
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 18
There was no specific requirement that a certain amount of sales tax should be
generated, she said, and the property owner would not be able to get as much on an
annual basis as they had anticipated. The original land use was proposed for the
northerly piece and was for a neighborhood center that allowed both food and drug, she
added. Grocery uses were allowed under the current agreement, she added.
Mayor Daly asked if an analysis had been done on the revenue impacts of the City on
the change in use and Director Stipkovich said that she had not and that she could look
at previous sales tax numbers and compare to this particular use and report back to
Council.
Council Member McCracken asked if the Smart and Final would be taking their license
from the Lincoln Avenue site to the new site. Director Stipkovich stated that condition
number two in the staff report was that Smart and Final actually transfer their license to
the new location. She said that staff had recommended that the license be transferred
and it would not automatically be allowed for someone else.
In response to Mayor Daly, Police Sergeant Randall West replied that if someone moved
into the former Smart and Final location, they would not automatically be able to sell
beer and wine and would have to apply for a new license. He said it is a twenty-one, off-
sale general license, premise to premise transfer that they had applied for through
Alcoholic Beverage Control.
Peter Impala, Art Rodriguez and Associates, said that he prepared the application for the
request of public convenience and necessity for this location where Smart and Final was
closing down one location, loosing their lease, and moving that existing license to the
new census tract. A representative from Donahue Schriber was present as well as
Smart and Final stores, he noted, to give a more detailed explanation of the operation.
He noted that the supplies were purchased in bulk quantities which increased revenues.
Forty-three percent of the items in Smart and Final were taxable.
Jeff Foreman, Real Estate Director at Smart and Final, said that the current store in the
City was twenty-years old and outdated and was not representative of what the new
concept of the store was. He described the new store as being part Williams-Sonoma
and part Trader Joe's and about five percent of the floor was devoted to the sale of
alcohol and catering supplies. The old store was in an industrial park and it should be
used for industrial, he said. The new stores had a working kitchen, he said, where chef's
would be invited to come in and give sessions to learn new recipes.
Mayor Daly opened the public hearing.
Jane Leichus, 1215 West North Street, said that she and her neighborhood was thrilled
to have the Smart and Final at that location. It enabled her to have better choices and
the ingress and egress was better, she added.
Mayor Daly closed the public hearing.
City Attorney White noted that due to the fact there was an over-concentration in the
area, the Council had jurisdiction to make findings as to whether the public convenience
and necessity required that this particular facility have alcoholic beverage sales.
Mayor Daly moved, seconded by Council Member Feldhaus, to approve the CEQA
Finding of Categorically Exempt - Class 1. Motion carried unanimously.
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ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 13, 2001
PAGE 19
Mayor Daly offered Resolution No. 2001 R-282 for adoption.
RESOLUTION NO. 2001 R-282 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT
THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE
ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PREMISE LOCATED AT 620 NORTH EUCLID STREET, ANAHEIM,
CALIFORNIA, APPLICATION NO. 2001-00001.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
Report on Closed Session Actions:
An action was taken to approve the termination of the current month to month rental agreement
for the property at 1370 South Sanderson and to provide the required notice of termination.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - 1, Council Member Tait. Motion carried.
Council Communications:
Council Member Kring asked that the City Manager report back to Council regarding the
Fourteenth Amendment, equal protection clause. She also asked for a report from City
Manager pertaining to street vendor citations and added that ten minutes did not seem
reasonable for the vendors.
Assistant City Manager Morgan stated that he would look into the current status of the situation
and make any necessary recommendations.
Council Member Feldhaus announced the winners of the 2001 Anaheim Halloween Fall Festival
decorating contest. He also announced that there would be various Christmas tree lighting
events on December 1,2001 - Nutcracker, December 7,2001 - the fourth annual west Anaheim
holiday magic tree lighting and December 8, 2001 - the first annual sugarplum holiday tree
lighting.
Mayor Daly asked that the City Manager prepare recommendations for Council relating to the
mid-year budget review.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 7:45 P.M.
Respectfully submitted:
~~/~,~
Sheryll Schroeder, CMC/AAE
City Clerk
. ""!-