1999/02/23The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken,
COUNCIL MEMBERS: None
CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
COMMUNITY SERVICES DIRECTOR: Chris Jarvi
PLANNING DIRECTOR: Joel Fick
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
ZONING DIVISION MANAGER: Greg Hasings
EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Lisa Stipkovich
REDEVELOPMENT & PROPERTY SERVICES MGR: Robert Zur Schmiede
CIVIL ENGINEER: Natalie Meeks
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:50 p.m. on
February 19, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Liti_~ation;
Name of case: Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions)
Orange County Superior Court Case No. 70-80-71.
LIABILITY CLAIMS:
Claimant: David Arneson
Agency claimed against: City of Anaheim
LIABILITY CLAIMS:
Claimant: 396 Investment Company fka The Fieldstone Company
Agency claimed against: City of Anaheim
PUBLIC EMPLOYEE APPOINTMENT - Government Code Section 54957:
Title: City Clerk
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Dave Hill
Employee organization: Anaheim Fire Association, AMEA.
ANAHEIM, CALIFORNIA - CiTY COUNCIL MINUTES,
FEBRUARY 23, 1999
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a)- Existing Litigation:
Name of Case: Robin Fuhrman vs.City of Anaheim, Orange County
Superior Court Case No. 79-09-44
By general consent, the Council recessed into Closed Session. (3:00 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of February 23, 1999 to order at 5:40 p.m. and
welcomed those in attendance.
INVOCATION: Pastor Bryan Crow, from the Garden Chruch gave the invocation.
FLAG SALUTE:
Mayor Pro Tern Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag.
119: PROCLAMATION: The following Proclamations were issued and authorized by the City Council:
Volunteer Recognition Month in Anaheim - March, 1999
Doris Blachford, Member of the Community Services Recognition Banquet Committee was present to
accept the Proclamation. Ms. Blachford stated she was accepting the Proclamation on behalf of all the
volunteers in Anaheim. The volunteers represent all ages, teens to the 90's. Tonight she is accompanied
by two youth volunteers, Arturo Guzman and Chelsea Newhouse.The volunteers are appreciative of the
support given them by the Council and the Community Services Department and they look forward to the
upcoming Volunteer Banquet.
Mayor Daly. The banquet this year will be held on March 29, 1999 at the Convention Center honoring
those volunteers who have contributed more than 106,115 hours to the City at a savings valued at
$672,769. The Mayor and Council Members commended all City volunteers who have "helped the City
maintain a high level of recreational and community services . . . and exceptional commitment to the
community."
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
PROCLAMATION recognizing the March 15-21, 1999, as Save Your Vision week in Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,941,182.61 for the period ending
February 16, 1999 and $6,972,673.93 for the period ending February 23, 1999, in accordance with the
1998-99 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency. (5:50 p.m.)
Mayor Daly reconvened the City Council Meeting. (5:52 p.m.)
ADDITIONS TO THE AGENDA:
City Attorney, Jack White. He is requesting that one item be added to the agenda which needs to be
acted upon by the Council this evening to comply with statutory time limitations. It is the claim of 396
Investment Company fka Fieldstone. Staff is recommending denial of the claim and that it be added
under A1 .on tonight's agenda for denial.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act to add an
item under Al. of tonight's agenda since the need to act was not known at the time the agenda
was prepared and posted. Council Member McCracken seconded the motion. MOTION
CARRIED.
ITEMS OF PUBLIC INTEREST:
Mr. Floyd Farano, resident of the City and speaking as a member of the California/Nevada Superspeed
Train Project Commission. The Commission has been pursuing providing a service via a Superspeed
Magnetic Levitation Train between Las Vegas and Anaheim. It was a project pursued years ago but now,
thanks to the perseverance of a number of people, it is a real project which he believes will actually
happen. About a year ago, a consultant was hired to address subjects pertinent to and involved in the
project itself. He thereupon presented a copy of the report to the City (accepted by the Public Works
Department). The Stadium (Edison Field) is still the proposed and intended destination for the service
which they believe will be happening within 10 years. The study addressed many issues one of which was
the ridership - the ridership is there and it is coming in the right direction. He also believes they are going
to get Federal funding for the project. After additional comments relative to the work that is being done in
this regard, he thanked the City for sponsoring a meeting of the Commission last October and also City
staff who assisted in many ways especially City Manager Ruth, Tom Wood, Assistant City Manager,
Kristine Thalman, Government Relations Manager, Gary Johnson, Public Works Director and John Lower,
Traffic & Transportation Manager who acted as their tour guide. Some time in the future, he would like to
discuss exactly where the destination might be in the Stadium area.
Mayor Daly. He expressed appreciation for Mr. Farano's service on the Superspeed Rail Commission and
thanked him for a copy of the report. They have talked frequently in the past about prospects of
Superspeed train service for Anaheim.
Cliff Lanz, Anaheim resident. He owns a town home on Euclid at Crescent across from Anaheim Plaza.
His topic is trash - he sees too much of it in his neighborhood, specifically the trash from shopping centers
around him, Ralph's Shopping Center, little shopping strips or mini malls. He has approached managers
or landlords of those areas and they agree there is an abundance of trash. One of his proposals is, since
much of the trash is coming from fast-food places, they should contact McDonalds, 7-11, Taco Bell, etc.
and do a campaign media blitz to mitigate the trash problem. Whatever the City can do should be done
and he will be happy to volunteer his services. It is a major problem.
Mayor Daly. They appreciate the fact that Mr. Lanz has encouraged the private property owners involved
to do their share and the City will try to do its share as well.
Len Spivak, President of Jeffrey-Lynne Owners Association. He has with him actual data prepared by the
Anaheim Police Department (APD) and a private secutiry company (E.C. Team Patrol) which dramatically
disputes the notion that the Jeffrey-Lynne neighborhood is a crime-plagued, gang-infested, drug-dealing
neighborhood in dire need of a "buLldozer." He thereupon read the data contained in lettedreport dated
February 23, 1999 (which he submitted) from the Jeffrey-Lynne Owners Association to Mayor Daly and
Members of the City Council (made a part of'the record), ~ome of the highlights of which ~re ~s follows:
The February, 1999 report of the APD shows serious crime has dropped by over 40% during the last six
months of 1998 compared to the same period for 1997. The E.C. Team Patrol report of January 1998 vs.
January, 1999 shows staggering reductions in drug activity (90%), drinking in public (75%), gang activity
(40%) and a total incidence reduction in excess of 70%. The reduction in criminal activity is the result of
the dedicated and persistent work of Anaheim Police Officers Juan Raveles and David Hermann, along
with the owners and tenants working together. The data is evidence that the Jeffrey-Lynne neighborhood
has undergone a transformation not yet complete. "In order for the continued success of this endeavor,
the key element of continuity is very necessary." They are requesting continued support of Police and
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES
FEBRUARY 23, 1999
Code Enforcement to insure an orderly transition "to a self-supporting neighborhood needing fewer City
services in the future."
In concluding, Mr. Spivak extended an invitation to the Council to visit the neighborhood sometime in mid-
March.
Jacob Felder, property owner in the Jeffrey-Lynne neighborhood. He noted Mr. Spivak's comments and
also thanked the APD for the outstanding job they are doing in the area in the persons of Officer Raveles
and Officer Hermann. They have been in the neighborhood since May of last year and (the owners) are
concerned about when they might be leaving. The neighborhood has been in some major turmoil for the
better part of a year. As owners, they have requested parking be eliminated which was difficult to get
implemented. The next smart thing they did was to engage Code Enforcement, and to the credit of John
Poole and his staff they have done an outstanding job, they have gone after the main offenders and their
efforts are working. The owners have also gone through a change in their leadership and now good
things are starting to come into focus. He explained some of the things that have been happening at their
meetings especially the pressure being put on errant owners. (He referred to the report Mr. Spivak
submitted which stated that the same four or five owners cause 85% of the problems.) It is again their
request, they do not want to continue being a needy neighborhood "chewing up" more assets than they
would like to. They would like to have some continuity to be a more self-sufficient and effective
neighborhood without City assistance.
Peter Tsachpinis, 156 Calle Diaz, Anaheim. He first submitted data which contained information and
drawings to back up the issues he will address (see six data sheets with cover page, "Packet for Council
Review" by Peter Tsachpinis - made a part of the record). There are certain issues that will come before
the Council in the next few weeks that could affect the design of Imperial Plaza (northeast corner Imperial
Highway and Santa Ana Canyon Road). Every time he goes to that center, the spaces are either full or
are too small for his vehicle. Concerned Citizens of the Canyon measured parking stalls in the center and
found out the spaces are not up to code. It is imperative these issues are dealt with before Mr. Kung
(owner of the center) is permitted to make any changes. Mr. Kung made spaces smaller so there are
more spaces available; therefore, when he requests to take out parking spaces, it will seem there are still
enough. These should not be granted nor the building of more structures allowed. The following issues
should be dealt with before Mr. Kung is granted a Public Hearing for the entrance to his center (which he
is requesting be provided from Imperial); (1) provide ample handicap parking (currently 5 spaces and 7
should be available), (2) require that the other parking spaces be brought up to code - 102" in width/216"
in length (see drawings submitted showing approximate size of certain spaces in the center), (3) the
center is in dire need of landscape improvements.
John Karczynski, resident of Anaheim. He is present to make a public announcement. Over the last year
or so, people have expressed interest and concern regarding the health of his grandfather. He announced
that his grandfather passed away last Thursday evening. On behalf of himself and his family, he thanked
all citizens, City staff, the Mayor and Council for their kind words and support over this time which has
meant a lot to him.
Mayor Daly extended their sympathies to John in this time of grieving.
Seferino Garcia, 1233 Diamond Avenue, Anaheim. He has been before the Council the last couple of
years to try to get a street named after the late President and Founder of the United Farm Workers, Cesar
Chavez. They were told a study would be done and they would get back to the community. He stated, the
community would like Manchester Avenue named after Cesar Chavez.
4
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23,, 1999
Shane Smith, 9312 Hillview, Anaheim. He noted at the corner of Citron and Santa Ana Street there is a
terrible gap in the railroad tracks which he drove into and "popped" a tire. He feels it will cause damage to
other cars if it is not fixed.
He continued stating, his main reason for being present was again to express the need for more taxi cabs
in the City of Anaheim. (He relayed a need that was expressed when the recent Doctor's convention was
in town). He feels 165 cabs are not enough in Anaheim. Market forces will dictate whether Mr. Roditis
(South Coast Cab) will do business in the City. It is important to improve the City's taxi cab access.
PUBLIC COMMENTS -AGENDA ITEMS:
Public input was received on item A16 (see discussion under that item).
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of February 23, 1999. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A24: On motion by Mayor Daly,
seconded by Council Member McCracken, the following items were approved in accordance with the
reports, certifications and recommendations furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Resolutions Nos. 99R-30 and 99R-31, for adoption. Mayor Daly offered
Ordinance No. 5670 for first reading. Refer to Resolution Book.
Al.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held January 6,
1999.
114: Receiving and filing a Disclosure of Property Interests in Redevelopment Areas as submitted
by Council Member Lucille Kring.
105: Receiving and filing minutes of the Public Utilities Board meeting held January 14, 1999.
156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the
month of January, 1999.
105: Receiving and filing minutes of the Deferred Compensation Committee meetings held
December 16, 1998, and January 21, 1999.
117: Receiving and filing the Invest Portfolio Report for the month of January, 1999, as submitted
by the City Treasurer.
118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
a. Claim submitted by 396 Investment Co. fka Fieldstone for property damage sustained
purportedly due to actions of the City on or about September 2, 1998.
167: To consider awarding a contract to the lowest responsible bidder, Transtech Engineers, Inc.,
in the amount of $116,988.25 for Big Sky Lane/River Valley Trail and Imperial Highway Traffic
Signal Installation; and in the event said Iow bidder fails to comply with the terms of the award,
awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of
both the Iow and second Iow bidders.
5
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
Linda Denmark, 5813 Avenida Portola, Anaheim. (She addressed this issue under Items of Public
Interest.) She has some concerns with the proposed traffic signal on Imperial at Big Sky Lane. This is the
first she has heard of this installation. She has had no problems getting out of that area. Her concern is,
by installing a light at that location with people coming up the hill (Imperial), it is going to cause traffic to
back up down the hill as well as causing a difficult situation with a lot of people driving four-speed vehicles
and with so many younger drivers. As a taxpayer, for $117,000, she feels there are a lot of other
improvements or traffic lights that are more critical in the Anaheim Hills area. She does not know if
anything can be done at this point.
Mayor Daly. It is not a done deal until the Council votes this evening when the time comes. It has gone
through the bid process but the Council can ask staff to respond.
Later in the meeting when the Council considered Consent Calendar items, Mayor Daly asked staff to
address the issue. Gary Johnson, Public Works Director/City Eng!neer explained his recollection was they
had a number of requests from citizens that live in the area of Big Sky and Imperial who identified the
need for traffic control at that intersection. That was at least two years ago. Staff did an analysis based on
criteria from the State. Traffic signal warrants were met. The signal was put on the priority list. It went
through the City budget process and was placed on the CIP (Capital Improvement Project) list and
designed and what is before the Council this evening is the contract. They believe it is a good project and
recommend the Council support the award.
Mayor Daly. He asked about the issues broached that might arise by installation of the signal since there
is a steep grade at that point (Big Sky and Imperial) and if he (Johnson) was familiar with any of those
issues.
Gary Johnson. One of the things they did hear from the residents was that they believed it was unsafe to
get from the residential areas on to Imperial especially with the speed of vehicles coming down the hill.
They did counts on the side street volumes and mainline volumes and all conditions were met. Imperial
Highway, now that it has gone through, and the Eastern Corridor is open, traffic is readjusting but that will
always be a very high volume arterial. If the Council would feel more comfortable delaying action so that
staff can provide additional information, they can do that.
Mayor Daly. It might be helpful to get staff's best recommendation relative to the issues raised by Ms.
Denmark - safety, speed, incline of Imperial, etc.
Council Member Tait. When the study was started, the Eastern Transportation Corridor was not
completed. He would like that addressed as well.
MOTION. Mayor Daly moved to continue Item A2 one week. Council Member McCracken seconded the
motion. MOTION CARRIED.
A3.
169: Awarding a contract to the lowest responsible bidder, R. J. Noble Company, in the amount
of $331,082.42 for Sunkist Street Street Improvements from La Palma Avenue to Sunkist Street;
and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract
to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and
second Iow bidders.
A4.
106: Amending the FY 1998/99 Public Works Department Capital Improvement budget to
incorporate $475,000 from sewer maintenance reserves, for the sewer improvement project to
cover construction and contingency costs.
164: Awarding a contract to the lowest responsible bidder, Cornish Construction Company, Inc.,
in the amount of $385,010 for Sewer Improvements in Sycamore Street from alley (east of Rose
Street) to Pauline Street, alley (south of Sycamore Street) from Orange Street to Olive Street and
Olive Street from alley (south of Sycamore Street) to Cypress Street; and in the event said Iow
A5.
A6.
A7.
A8.
A9.
Al0.
A11.
A12.
A13.
A14.
A15.
A16.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 1999
bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder,
as well as waiving any irregularities in the bids of both the Iow and second Iow bidders.
123: Waiving Council Policy No. 401, and approving an Agreement with LaBelle-Marvin, in an
amount not to exceed $80,000 for pavement evaluation on an "on-call" basis for a period of one
year with the option to renew said Agreement for four additional one-year periods.
113: RESOLUTION NO. 99R-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the destruction of certain City records more than two years old.
(Streets and Sanitation Division.)
160: Accepting the bid of Field Technology, Inc., in an amount not to exceed $24,390 for storm
water pump station maintenance and repairs for a period of one year beginning in February 1999;
and authorizing the Purchasing Agent to exercise up to three additional one year renewals, limited
to Consumer Price Index increases, in accordance with Bid #5882.
160: Accepting the Iow bid of Pirelli Cables and Systems North America, Lexington, South
Carolina, in an amount not to exceed $58,800 for 40,000 feet of triplexed secondary URD wire;
and accepting the Iow bid of WESCO Utility, in an amount not to exceed $15,666 for 40,000 feet
of greased ACSR wire, in accordance with Bid #5881.
160: Accepting the bid of Mariposa Horticultural Enterprises, in an amount not to exceed $91,470
for a tree planting project to take place in West Anaheim, as required, starting in February and to
be completed by June 30, 1999, in accordance with Bid #5885.
123: Accepting the Iow bid, and authorizing the execution of an Agreement with Artistic
Maintenance, Inc., in an amount not to exceed $163,492.56 for a two-year period beginning April
1, 1999, with three one-year optional renewals, in accordance with page two of the Agreement for
tree-well maintenance in West Anaheim, in accordance with Bid #5884.
160: Waiving Council Policy No. 306, and authorizing the Purchasing Agent to issue a Purchase
Order to Advanced Control System, c/o Matzinger-Keegan, in the amount of $300,205 for a web
server package enhancement for the Utility Supervisory Control and Data Acquisition (SCADA)
system.
160: Accepting the Iow bid of Canada Power Products Corporation, cio Matzinger-Keegan, in an
amount not to exceed $505,920 for 600 AMP SF-6 subsurface switches, as required, for a one-
year period, beginning March 1, 1999, in accordance with Bid #5868.
123: Authorizing the Mayor to execute the revised Joint Exercise of Powers Agreement for the
Orange County Regional Airport Authority.
168: Directing staff to take the necessary actions to rename the portion of North Anaheim
Boulevard fronting La Palina Park to La Palina Park Way.
177: Approving the reprogramming of Federal HOME funds, in the amount of $971,274 from 707-
411-7217-8441 to 707-411-7214-8445 to provide eligible Anaheim families with homebuyer
assistance loans of up to $35,000 per household.
161: To consider approving City staff's FY 1999/2000 funding recommendations for federal
Community Development Block Grant, HOME, and Emergency Shelter Grant funding totaling
$6,392,000; and authorizing the Executive Director of the Community Development Department to
prepare and execute the required federal documents.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,,
FEBRUARY 23, 1999
Seferino Garcia, 1233 Diamond, Anaheim. For the last several years, their youth program has been
funded by CDBG funds. Last year it was cut off and this year he felt the (:;DAB Board of Directors would
come to their senses and allocate the $200,000 fo'r this youth project. It is a good project. The program is
needed because jobs are needed in the community for the youth. It was an excellent program and they
are concerned and upset with the Neighborhood Council Members not supporting them and also for not
supporting the YMCA Camp Project. A lot of kids were taken out of the poor sectors of the community for
a week and it changed their lives. Some are now role models that are working at the downtown
community youth center volunteering as coaches for the new basketball program. It is another project that
was cut. They have to be careful in the future what they are going to do with CDBG monies. He feels,
allocating funds for new programs and projects will lead to trouble because they have to first keep funding
the programs already instituted and that have proved themselves. He also feels some of the members on
CDAB have too many positions and roles. Someone has been on the Board for years who also sits on the
School Board and also the Parks and Recreation Commission. To him, that is a conflict and he should
step down when there is a vote (on parks, etc.). The Council should find out what is happening with the
Board Members.
Moises Placencia. He is present specifically to speak on the CDAB budget the way it has been
recommended by City staff. He first gave his background and then stated he is now a teacher in the City.
He is committed to the children in the City and believes in cooperation at all times;however, he feels the
current City staff recommendations are not logical in the way they have been presented. They wanted a
shelter at Patrick Henry School. The only change (in the budget) is the non-allocation of funds for the
Patrick Henry picnic shelter and the elimination of funds for the Kids in Action program at Horace Mann
School. They went through several months of discussions in setting priorities and year after year the
community has said the shelter is a priority. It would not only serve the children but also allow for
meetings after school when they do not have to interrupt any classrooms. The children will be in a central
location in the area. There are 1,100 kids at Patrick Henry. They want to provide tutoring-parent-
community meetings. With the shelter, they can continue to keep the kids at the school site. The
argument was it would set a precedent. Staff wants the School (District) to fund it. There are many
endeavors where the schools have provided funds and also money give by CDAB. Benjamin Franklin
was not denied the Kids in Action program but Horace Mann School was. They are asking that the
Council vote in favor of their programs and see the benefits of the shelter and Kids in Action at Horace
Mann. If funding does come in the future for the shelters from the School District and State funding, at
that time, the City can be reimbursed by those entities.
Mayor Daly. The City has information the School District may be considering funding the picnic shelter at
Patrick Henry with School District funds; Moises Placencia. He acknowledged that he heard about it an
hour ago.
Mayor Daly. He (Placencia) is obviously a strong supporter of Kids in Action. He asked if he had seen the
program himself and experienced the positive results. He has heard a lot of positive things about the
program but is always interested in the cost-benefit aspect noting that there are many different 'youth
programs competing for money in the City; Mr. Placencia answered that he has not seen the program
himself. He is new to the City and teaches in the Anaheim City School District. He also stated he
understands Paseo Village programs are closed down to the rest of the neighborhood and only those who
are residents can participate in those programs.
Aileen Beatty, Chair Person, East Anaheim Neighborhood Council. Relative to the shelter, as a member
of the CDAB committee, at first, she was "on the fence" about the request not being sure who was going
to benefit from it and what it was going to be used for. She then shared/briefed the things she discovered
in her research and the reasons why it is imperative that the shelter be included in the funding. It is
something the community wanted more than anything.
Mayor Daly. He asked City staff to report back with details on the exact location of the shelter and the
cost estimate. He then asked Mr. Jarvi to speak to the issue at this time.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
Chris Jarvi, Community Services Director. As they consider the proposals, staff does rough cost
estimates working with the School District. The cost estimate ($15,000) is a rough one, but based on
similar projects done elsewhere, it is pretty close. He also explained for the Mayor, upon additional
questions posed, that the shelter would only be available in non-school hours, confirmed that it would be
for students during school and to the community during non-school hours, and that he does not believe
there are any restrictions/regulations (regarding the shelter). Patrick Henry is desirous of having a shelter
because they have year-round school at all sites and during the summer, it is necessary to have a lunch
shelter for the children. He does not believe they would be opposed to use in non-school hours.
Francisco Martinez, Chair Person, North Anaheim Neighborhood Council. They have 200 signed petitions
requesting the shelter. He stated he would like to read a letter from one of the neighbors relating to the
need for the shelter. The letter was then read (through an interpreter) which revolved around the word
security and what that means to people, especially children. The letter also noted that in the Third Article
of the Declaration of Human Rights signed by the United Nations in 1948, security (of person) is one of the
basic tenets. In concluding, Mr. Martinez thanked the Council for their attention and emphasized the
community needed their support relative to the shelter and the security it would provide.
Mayor Daly. He is going to suggest a one-week continuance on the issue of the shelter. He asked staff to
confirm that the School District wants the shelter at the proposed location and that it does not interfere
with any other plans; Mr. Jarvi reported that the School District was in attendance at the CDAB meeting
and indicated support. He believes the School District is supporting the community request.
Mayor Daly. It sounds like they agree if the City wants to do it.
Council Member McCracken. Thirty years ago, it shocked her that school after school did not have a
shelter for the children at lunch hour. She feels that is a need whether at the elementary, junior high or
high-school level which should be included in the school's funding process. She is concerned how many
other schools have the need for a shelter as well at this time particularly with school funding and school
building that is going to take place in the next few years.
Mr. Jarvi stated a good many do need shelters but he does not have a count. The School District is
proposing a renovation of all school sites and also putting in shelters at those sites that do not have them
including Patrick Henry.
Mayor Daly. He asked if they (the schools) are planning on putting them in and paying for them; Chris
Jarvi. He answered yes.
Lisa Stipkovich, Executive Director of Community Development. Staff has been working closely with the
Elementary School District in this case and are applying for modernization funds for every elementary
school in Anaheim. There is quite a large funding package they are going after and it looks promising.
They are planning on bringing School District staff and consultants to do a workshop. They have been
working closely with the City Manager and are trying to schedule a workshop to show the modernization
program and also new school sites. Her understanding is if they get the modernization money, all schools
will be modernized and schools that do not have lunch shelters will have then be funded for lunch shelters
in all locations.
Mayor Daly. He feels it will be helpful to have something in writing that gives the expected time frame,
what the likelihood of funding is and when it will be expected. Staff is recommending an additional
$15,000 to augment the current level of neighborhood improvement services. He would like staff to
explain what the significance of the $15,000 will be. Those are the only two issues at this time; Council
Member Feldhaus. That was one of his issues as well but he will reserve his comments if this item is
continued.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 1999
Mayor Daly. He thanked those who have spent so much time in packaging the recommendations.
Speaking for himself, the vast majority, if not the entire package, will have his support but he wants to pin
down some details before he casts his vote.
MOTION. Mayor Daly'moved to continue Item A16 for one week. Council Member McCracken seconded
the motion. MOTION CARRIED.
Council Member McCracken. (Re: Item A17, 18 and 19). She congratulated staff on the fact that the City
will be working as a cooperative partner with the Anaheim Union High School District, the Magnolia School
District, and the Anaheim City School District to put together an application for funds to provide for after-
school programs. This partnership is going to make the application very powerful and it will bring funds to
the City's neighborhoods that would never be there. Hopefully, because of this coalition, they will have
some tremendous programs. It is a three-year program and she hopes they will be able to find the
support and funding that will allow it to continue.
A17.
123: Authorizing the City to be a collaborative partner in the Anaheim After School Learning
Collaborative, in which the Anaheim Union High School District, as the lead agency and fiscal
agent, will apply for After School Learning and Safe Neighborhoods Partnerships Program grant
funding on behalf of the Anaheim After School Learning Collaborative; and authorizing the City
Manager to sign the After School Learning and Safe Neighborhoods Partnerships Program grant
application and Memorandum of Understanding as a collaborative partner.
A18.
123: Authorizing the City to be a collaborative partner in the Magnolia Healthy Start Program, in
which the Magnolia School District, as the lead agency and fiscal agent, will apply for Healthy Start
grant funding on behalf of the Magnolia Healthy Start Collaborative; and authorizing the City
Manager to sign the Magnolia Healthy Start grant application and Memorandum of Understanding
as a collaborative partner.
A19.
123: Authorizing the City to be a collaborative partner in the Anaheim Achieves After School
Program Collaborative, in which the Anaheim City School District, as the lead agency and fiscal
agent, will apply for After School Learning and Safe Neighborhoods Partnerships Program and
st
21 Century Community Learning Centers (21st CCLC) grant funding on behalf of the Anaheim
Achieves Collaborative; and authorizing the City Manager to sign the After School Learning and
Safe Neighborhoods Partnerships and the 21st Century Community Learning Centers applications
and Memoranda of Understanding as a collaborative partner.
123: Approving an Agreement with Manufacturing Automation & Software Systems Group, in an
amount not to exceed $48,500 to provide engineering services for the City's Water SCADA
System Year 2000 compliance; and authorizing the Public Utilities General Manager, on behalf of
the City, to execute said Agreement and any other related documents necessary to implement
said Agreement.
Council Member McCracken. She has received comments and letters from individuals in the community.
This is just another indication of Anaheim's compliance with Y2K making certain all the necessary
programs are in place so that when the year 2000 comes, none of the City's systems will fail. She
believes this is one of the last programs that has to be done,
A21. 123: Approving the 1998 Southern California Joint Pole Agreement, and authorizing the Public
Utilities General Manager to execute the 1998 Agreement and any other related documents
necessary to implement the 1998 Agreement.
A22. -155i-. To consider the adoption of a Resort Area Maintenance District Procedural Ordinance as
the first step toward ensuring the long-term quality maintenance repair and replacement of Resort
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
Area public improvements consistent with standards to be set by an advisory board representing
area property owners.
ORDINANCE NO. 5670 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
enacting the City of Anaheim Resort Area Procedural ordinance.
184: RESOLUTION NO. 99Ro31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM creating the Santiago Geologic Hazard Area, and setting the date and time of
March 16, 1999, at 6:00 p.m. to hold a public hearing on the matter.
114: Approving minutes of the Anaheim City Council meetings held January 26, 1999, and
February 2, 1999.
Roll Call Vote on Resolution Nos. 99R-30 and 99R-31~ for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 99R-30 and 99R-31, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
105: APPOINTMENT TO THE BUDGET ADVISORY COMMISSION: Appointment to the
Budget Advisory Commission to fill the unexpected vacancy of Cindy Floriani (term expires
6/30/2000). This item was continued from the meeting of February 9, 1999 to this date.
Mayor Daly. He would like to ask for a little more time on this appointment, perhaps a three-week
continuance. He will be asking the Council to consider some restructuring of some of the City's advisory
committees and, with that as a goal, is asking for a three-week continuance.
MOTION. Mayor Daly moved that Item A2.5. be continued for three weeks to March 16, 1999. Council
Member'Feldhaus seconded the motion. MOTION CARRIED.
A26. 105: RESIGNATION - INVESTMENT ADVISORY COMMISSION: Accepting the resignation of
Scott Feltenberg (with regrets), and directing the City Clerk to post a notice of unscheduled
vacancy.
MOTION. Mayor Daly moved to accept the resignation of Scott Feltenberg from the Investment Advisory
Commission, with regret, and directing the City Clerk to post a notice of unscheduled vacancy. Council
Member McCracken seconded the motion. MOTION CARRIED.
Mayor Daly asked the City Clerk to prepare a letter thanking Mr. Feltenberg for his dedicated service to
the Investment Advisory Commission.
ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF
FEBRUARY 1~ 1999 INFORMATION ONLY
APPEAL PERIOD ENDS FEBRUARY 23~ 1999:
BI.
179: RECLASSIFICATION NO. 98-99-09~ AND NEGATIVE DECLARATION:
OWNER: Hideyoshi Nakamura, Tr., 4777 Collinos Way, Oceanside, CA 92056-5132
11
B2.
B3.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
Re: 2601 W. Lincoln Ave. And 109, 111, 115, 117, 119 N. Magnolia Ave.
Louis Goodman, Tr., 1241 Loma Vista Dr., Beverly Hills, CA 90210-2624
Re: 2607 W. Lincoln Ave.
Jong B. And Soon Gum Hong, 407 N. Anaheim Blvd., Anaheim, CA 92805-2952
Re: 2623 W. Lincoln Ave.
INITIATED BY: City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805
LOCATION: Property is 1.6-acres consisting of four (4) separate parcels described as follows:
Parcel A: This rectangularly-shaped parcel has a frontage of 97.5 feet on the north side of
Lincoln Avenue, a maximum depth of 176 feet, and is located 302 feet west of the centerline of
Magnolia Avenue (2623 West Lincoln Avenue).
Parcel B: This rectangularly-shaped parcel has a frontage of 97.5 feet on the north side of
Lincoln Avenue, a maximum depth of 176 feet, and is located 175 feet west of the centerline of
Magnolia Avenue (2607 West Lincoln Avenue).
Parcel C: This rectangularly-shaped parcel is located at the northwest corner of Lincoln Avenue
and Magnolia Avenue, has a frontage of 122 feet on the north side of Lincoln Avenue, and a
frontage of 125 feet on the west side of Magnolia Avenue (2601 West Lincoln Avenue).
Parcel D: This rectangularly-shaped parcel has a frontage of 163.3 feet on the west side of
Magnolia Avenue, a maximum depth of 122 feet, and is located 165 feet north of the centerline of
Lincoln Avenue (109, 111, 115, 117, and 119 North Magnolia Avenue).
City-initiated request for reclassification of subject property from the CG Zone (Commercial
General) to the CL Zone (Commercial Limited) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 98-99-09 GRANTED, UNCONDITIONALLY (PC99-19)
(6 yes votes, 1 absent).
Approved Negative Declaration.
179: CONDITIONAL USE PERMIT NO. 3819~ AND MITIGATED NEGATIVE DECLARATION:
OWNER: Shell Development Peacock Suites, 2100 E. Katella Ave., Suite 205, Anaheim, CA
92806
AGENT: John P. Erskine, esq., 18101 Von Karmon Ave., #1800, Irvine, CA 92618
LOCATION: 1733 South Anaheim Boulevard - Peacock Suites Vacation Ownership Temporary
Sales Office.
Property is 0.92 acre with a frontage of 100 feet on the east side of Zeyn Street, and a frontage of
100 feet on the west side of Anaheim Boulevard, approximately 580 feet north of the centerline of
Katella Avenue (1733 South Anaheim Boulevard - Peacock Suites Vacation Ownership
Temporary ~;ale~ Office).
Reinstatement of this permit which currently has a time limitation (originally approved on February
5, 1996, to expire February 5, 1999) to retain a temporary sales office associated with the
Peacock Suites vacation ownership resort for two additional years.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3819 (to expire 2/1/01 ) (PC99-20)
(6 yes votes, I absent).
Mitigated negative Declaration previously approved.
179: CONDITIONAL USE PERMIT NO. 3750t AND NEGATIVE DECLARATION:
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARy 23, 1999
OWNER: George O. Abbes, Abel Sanchez, 608 S. Harbor Blvd., Anaheim, CA 92805
AGENT: Hector Rabolli, Abbel Trade, Inc., 18 Cantilena, San Clemente, CA 92673
LOCATION: 804 North Anaheim Boulevard. Property is 0.16 acre located on the east side of
Anaheim Boulevard, approximately 95 feet north of the centerline of North Street.
To consider reinstatement of this permit which currently contains a time limitation (approved on
October 14, 1996 until October 14, 1997) to retain an automobile sales lot.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3750 for one year (to expire 3/1/2000)
(PC99-21) (6 yes votes, 1 absent).
B4.
179: CONDITIONAL USE PERMIT NO. 4093 AND NEGATIVE DECLARATION:
OWNER: Leonard Joe Chaidez & Cyndie M. Chaidez, 507 S. Lemon Street, Anaheim, CA 92805
AGENT: JWK Holdings, Inc. 2602 N. 35th Ave., Phoenix, AZ 85009
LOCATION: 507 South Lemon Street. Property is 0.56 acre located at the southwest corner of
Lemon Street and Santa Aha Street.
To permit a contractors storage yard.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4093 GRANTED, for three years (to expire 2/1/02) (PC99-22)
(5 yes votes, 1 no vote, and 1 absent).
Approved Negative Declaration.
Council Member Feldhaus posed questions to staff for purposes of clarification; Greg Hastings, Zoning
Division Manager. The current use which expires in March, 1999 has a CUP for a landscape storage
yard. The proposed use is a contractor's storage yard more in line with having hardware materials such
as wall board, basically, contractor type material rather than landscaping material. Another applicant is
involved; not the same one. It was approved for three years. He also explained for the Mayor that the use
on the property will be vacated and the new use put in place. Relative to the approval for three years, staff
actually recommended denial because of the transition in the neighborhood. Planning felt the use would
be OK for three years because there was not an immediate plan for immediate change. The three years
is not a problem since it is a CUP. If there is a problem, staff would bring it back to the Planning
Commission. In checking with Redevelopment staff it was determined there was no particular plan on
this intersection at this time.
Additional discussion and questioning by Council Members followed wherein Mr. Hastings clarified that
the owner of the property will be the same but the actual user will change, the provision that there be no
storage above the height of the fence is an existing condition, it would no longer be a depository site for
landscaping materials, that entire (landscaping) business would be vacating the property, it is in a
Redevelopment area and, while there are plans for the area, there is no plan for immediate
implementation. Redevelopment told staff that the Redevelopment plan and General Plan call for the area
to be residential eventually. However, the property currently is still zoned industrial. The Planning
Commission felt comfortable with the three years.
Rob Zur Schmiede, Redevelopment and Property Services Manager. The suggested use of the property
for the forseeable three years is acceptable to Redevelopment. On a longer term basis, it does show as
residential on the Redevelopment plan. Staff is looking at residential opportunities along the Santa Ana
corridor. One of the problems right now is' the train track in the street. Although they are looking at
options when the track is removed, they are long-term in nature and will not be in the next three years.
Mayor Daly. He feels this underscores the importance of knowing what land planning strategies are so the
Council will know how these short-term uses fit in with their strategies.
B5.
179: WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4095 AND NEGATIVE DECLARATION:
OWNER: Parcel 1: Kenneth J. Cummins, Trustee, Couch Living Trust, 4041 MacArthur Blvd.,
#360, Newport Beach, CA 92660
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
Parcel 2: Carol Arthofer, 78373 Sterling Lane. Palm Desert, CA 92211
AGENT: Form Guild Architects, Attn: Caroline Shaw, 34102 Violet Lantern, Dana Point, CA
92629
LOCATION: 2144 South Harbor Boulevard - currently Arby's Restaurant. Property is 0.60 acre
located on the east side of Harbor Boulevard, 480 feet north of the centerline of Wilken Way.
To construct a new fast food restaurant with drive-through lane with waiver of a) minimum drive-
through lane requirements and b) permitted encroachment into setback area.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4095 GRANTED (PC99-23) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
Mayor Daly. He realizes this is a commercial zone but fast food, 24-hour-a-day uses are discretionary.
He would like to be able to step through this proposal and consider the implications for the neighborhood.
There is an apartment complex immediately across the street. He would like to understand the
implications of adding more fast food in this stretch of the City.
Mayor Daly thereupon requested a review of the Planning Commission's decision; Council Member
Feldhaus concurred. Therefore, a Public Hearing will be scheduled at a later date.
B6.
179: CONDITIONAL USE PERMIT NO. 4097~ AND NEGATIVE DECLARATION:
OWNER: Susan Saltzburg, Trustee, Milldred Altshuler Irrevocable Trust and George Altshuler
Irrevocable Trust, 18022 Medley Drive, Encino, CA 91316
AGENT: Charles A. Perez, 420 S. State College Blvd., Anaheim, CA 92806
LOCATION: 420 South State Colle.qe Boulevard - C&M Automotive. Property is 0.40 acre located
at the northeast corner of State College Boulevard and Westport.
To permit and retain an automotive repair facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4097 GRANTED, to expire 12/31/01 (PC99-24)
(6 yes votes, 1 absent).
Approved Negative Declaration.
Mayor Daly. This was approved a few years ago with a natural gas or propane tank on site. He asked if
this allowed the tank to remain or will it have to be removed. As he recalled, it was an oversight in the
original approval of the operation.
Greg Hastings, Zoning Division Manager. The Planning Commission did address that requiring the
removal of the tank or replacement with a horizontal 500 gallon tank surrounded by landscaping. It would
have to be set back 10' from the property line with landscaping between the sidewalk and the tank. The
reason it is back for approval, the original CUP had expired. The applicant came back and asked for an
extension but in the meantime, the Planning Commission and City Council adopted an ordinance which
did not allow a retroactive time extension back as far as the expiration. Subsequently, the applicant came
in and asked for a CUP to keep the business exactly the way it was originally intended. He also explained
for the Mayor that the changes are all for the positive. Staff recommended and the Planning Commission
adopted several changes which he briefed from the staff report.
Mayor Daly's concern was relative to the tank and whether or not there is a condition that it be removed.
Staff recommended removal and the Commission recommended retaining it and changing the shape;
Greg Hastings. The applicant indicated he would like to keep it on the property.
Mayor Daly thereupon requested a review of the Planning Commission's decision concurred in by Council
Member McCracken; therefore, a Public Hearing will be set for a later date.
B7. 179: CONDITIONAL USE PERMIT NO. 3195 - REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE, AND NEGATIVE DECLARATION:
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
Holly A. Sandier for LA Cellular, P.O. Box 6028, Cerritos, CA 90702-6028, requests
determination of substantial conformance to include a 2-foot high base for a previously-approved
telecommunications monopole antenna. Property is located at 333 West Cerritos Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3195 determined to be in substantial conformance.
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
B8.
179: CONDITIONAL USE PERMIT NO. 4010 - REQUEST FOR REVIEW AND APPROVAL OF
FINAL PLANS, AND NEGATIVE DECLARATION:
CCA Associates, 1535 Monrovia Avenue, Newport Beach, CA 92663, request for review and
approval of final landscaping, lighting, signage, building wall, paint color, fencing and gate plans
for a previously-approved self-storage facility. Property is located at 1505 South State College
Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans for CUP NO. 4010.
Negative Declaration previously approved.
Mayor Daly. He feels his only alternative is to ask for a hearing on this matter. He believes the ultimate
approval was for a 20-year project. He continues to believe they should continue to preserve those areas
for other uses. He thereupon requested a review of this item in which Council Member Feldhaus
concurred.
Greg Hastings, Zoning Division Manager. He interjected stating that the only reason the item is on the
agenda tonight is for a review of the final plans under the approved CUP. The time to set the matter for a
Public Hearing has expired. The action the Council could take would be to review the plans as submitted
and either approve or deny those plans but not to reconsider the CUP already granted.
Mayor Daly. He had concerns when the pr. oject was originally submitted because he thought the corridor
from the Pond/Arena over to Disneyland should be preserved as open space and they should try to create
a greenbelt rather than allowing self-storage units. They should incorporate that into the City's long-term
planning. He is suggesting that they not support the project. He continues to oppose allowing
construction in the Edison right of way. He asked if they had the option to continue this item.
City Attorney White answered yes. Since this was not a Public Hearing item at the Planning Commission
level, the Council could continue the item for a decision on the final plans if they wish to do so.
MOTION. Mayor Daly moved to continue Item B8. for one week. Council Member Feldhaus seconded
the motion.
Before action was taken, additional extensive discussion followed wherein the Mayor again expressed his
concerns relative to the project and what he feels are the long-term impacts of such a project in this
particular corridor (also see minutes of July 21, August 11 and September 1, 1998 where detailed
discussions took place); Council Member Feldhaus stated he shared the Mayor's sentiments but wanted
to know what would be accomplished by a one-week continuance since the project is in the final process.
Mayor Daly. He would like to see the project held up for a while so they can have a discussion about the
City's rights of way. He feels the project should be denied, but an alternative is to hold off a week. He
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY, 237 1999
reiterated, he would like to know what is happening on other Edison rights of way in the City. He wants
the Council to have the full range of choices in front of it regarding the use of these properties.
Council Member Tait. He does not have a problem if the Mayor wants to continue the matter to look at the
plans; however, it has been approved and just to delay the project does not make sense to him.
Council Member McCracken. She referred to item Bll. which refers to this project as well. The
developer asked for waivers on construction of walls along the arterial highway. They are now seeing
some changes in the plan and perhaps there is an issue.
Mayor Daly. He would like to work with the staff to lay out for the Council what alternatives may be
available and if there are better alternatives for using the rights of way, they need to know those as well.
Council Member Kring. She does not have a problem continuing this for a week but she asked if they
have the option of changing the approval of the CUP. The item tonight is approval of the final plans for
landscaping, lighting, signage, etc. That is the only item under review and that is the item that has been
continued.
Mayor Daly. Relative to Bl1., this illustrates why he is concerned about protecting these rights of way
from the dominoe effect of piecemeal development. The choices are to approve it, continue it or to set if
for a hearing.
City Attorney White. The appeal period ends March 5, 1999. The Council could continue it or set it for a
Public Hearing or let it go unless appealed.
Joel Fick. This is an item that the applicant at the hearing did discuss and mention because of the
placement of the towers where they could actually locate the fence would require an Administrative
Adjustment. He believes there was a condition of approval that the applicant would be applying for an
Administrative Adjustment and that is the process they went through. He also clarified for Council
Member Tait that the project was approved in September of 1998, a 20-year approval(the Mayor added he
believes it was on a 3-2 vote). He then explained on further questioning, that the applicant at the time
presented drawings and made some revisions they presented since the Council had continued the matter.
What they found was that the wall would be set back between one and five feet but they also had a
drawing to show there would be an additional 12' of landscaping because there was a critical intersection
requirement that Public Works had imposed. The discussion at the Council Meeting was that their revised
plan would require an Administrative Adjustment for the wall height because it would be located within the
setback area.
After further discussion, the City Attorney explained for the Mayor that they also had the option of
continuing the Administrative Adjustment (Item Bl1.) for one week because the appeal period would not
expire until March 5, 1999. The Council could continue it and decide whether to set the matter for a
hearing after considering the final plans under item B9.
Council Member Kring. She would like to combine both items, B8. and B11. when the issue is discussed
next week.
MOTION. Mayor Daly moved to continue item B11. for one week. Council Member McCracken seconded
the motion. MOTION CARRIED.
B9.
134: ENVIRONMENTAL IMPACT REPORT NO. 322
CONDITIONAL USE PERMIT NO. 4034 - REQUEST FOR REVIEW AND APPROVAL OF FINAL
PLANS:
Bumett Development Corporation, 200 East Baker Street, Suite 100, Costa Mesa, CA 92780,
request for review and approval of final building elevations (including colors and materials) and
sign program. Property is located at 1500 South Douglass Road.
16
ANAHEIM, CALIFORNIA r CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans for CUP NO. 4034.
EIR NO. 322 previously certified.
Mayor Daly. He asked if staff was comfortable with the quality of design and 31ans. This is the last
opportunity for the Council to review the design details of the office buildings.
Joel Fick, Planning Director. Staff is very comfortable with the design. The only ~ssues are the design of
the first office building on the site. The council will see the designs of the others. The parking structure
itself will be totally hidden from public view. Even the parking structure will be concrete block and a
combination of smooth faced and texture faced panels colored beige or brown and complement the colors
of the office building. It has the colors and is compatible with the Arena structure. Staff has copies of the
site plan if the Council would like to see it. It is similar to the one they saw when it was originally approved.
It is very attractive and the project owners have worked very closely with the people at the Pond/Arena to
make sure of all the compatibility issues. He then answered additional questions posed by the Mayor
regarding specifics of the plan including signage, the use of corporate Iogos, etc.
Joel Fick. He stated in order to give the Council a 100% concrete answer (on the signs), he would like to
review the entire sign package and respond back later in the meeting.
Later in the meeting, Mr. Fick asked that the item be carried over one week. Staff will then have the
opportunity to put together a supplemental report to address the questions that have come up tonight.
MOTION. Mayor Daly moved to continue Item B9 for one week. Council Member Kring seconded the
motion. MOTION CARRIED.
END OF THE PLANNNING COMMISSION ITEMS FROM 211199.
ORDINANCE FOR INTRODUCTION:
B10. ORDINANCE NO. 5671 (INTRODUCTION) Amending Title 18 to rezone property under
Reclassification No. 98-99-06 located at 1652 West Lincoln Avenue from the CH zone to the CL
zone.
Mayor Daly offered Ordinance No. 5671 for'first reading.
ORDINANCE NO. 5671 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER
RECLASSIFICATION NO. 98-99-06 LOCATED AT 1652 WEST LINCOLN
AVENUE FROM THE CH ZONE TO THE CL ZONE.
Bll.
ITEM Bll FROM THE ZONING ADMINSTRATOR MEETING OF
FEBRUARY 11~ 1999 - DECISION DATE: FEBRUARY 18~ 1999
INFORMATION ONLY-APPEAL PERIOD ENDS MARCH 5~ 1999:
ADMINISTRATIVE ADJUSTMENT NO. 151 CEQA EXEMPT {SECTION 15061 (B) (3)}:
OWNER: SOUTHERN CALIFORNIA EDISON, A CORPORATION,
100 N. Long Beach Boulevard, #1004, Long Beach, CA 90802
AGENT: CCAASSOCIATES, INC., Attn: Barry Adams, 15335 Monrovia
Avenue, New Port Beach, CA 92663
LOCATION: 1505 South State College Boulevard. Property is approximately 9.53 acres located
At the southwest corner of State College Boulevard and Cerritos Avenue.
Waiver of maximum fence height to construct an eight foot high concrete block wall
adjacent to a major arterial highway.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
Approved Administrative Adjustment No. 151 (7_4, DECISION NO. 99-X).
See discussion regarding this item under Item B8. Both items involve the same project. At the conclusion
of discussion (Item B8. & B11.) this item was, by motion, continued one week.
END OF THE ZONING ADMINISTRATOR ITEMS.
DI.
176: PUBLIC HEARING - ABANDONMENT NO. 98-17A: In accordance with application filed by
Jackson-Shaw/Anaheim Limited Partnership, 4890 Alpha Road, Suite 100, Dallas, TX 75244, a
Public Hearing was held on the proposed abandonment of a certain easement for 225 W. Carl
Karcher Way, reserving unto the City of Anaheim easement for public utility purposes, pursuant to
Resolution 99R-13 duly published in the North Orange County News and notices thereof posted in
accordance with law.
At their meeting held January 26, 1999, Item A4, the Anaheim City Council adopted Resolution
No. 99R-13 declaring its intention to vacate certain public streets, highways, and service
easements, and to consider abandoning certain easements for electrical purposes located on and
across that property located at the northwest corner of the intersection of Lemon Street and Carl
Karcher Way (formerly Romneya Drive) - 225 W. Carl Karcher Way (ABANDONMENT NO. 98-
17A).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: February 4, 1999
Mailing to property owners within 300 feet: January 29, 1999
Posting of property: February 4, 1999
Natalie Meeks, She clarified this is for the abandonment of electrical easements no longer required.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being
no response, he closed the Public Hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly
seconded by Council Member Kring, the City Council determined that the proposed activity fall within the
definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, Categorically Exempt from the requirements to file an EIR.
MOTION CARRIED.
Mayor Daly offered Resolution No. 99R-32 for adoption, approving Abandonment No. 98-17A. Refer to
Resolution Book.
RESOLUTION NO. 99R-32: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE
CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS
(ABANDONMENT NO. 98-'1
Roll Call Vote on Resolution No. 99R-32, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 99R-32, duly passed and adopted.
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT
NO. 4082
AND ENVIRONMENTAL IMPACT REPORT NO. 319:
OWNER: The Home Depot, Attn: Dan Campbell, 3800 W. Chapman Ave., Orange, CA 92868
LOCATION: 800 North Brookhurst Street - Home Depot. Property is 9.45 acres located at the
northeast corner of Gramercy Avenue and Brookhurst Street.
To construct a 60-foot high freestanding pylon sign with waivers of (a) maximum area of signs, (b)
permitted location of freestanding signs, (c) maximum height of freestanding signs and (d)
maximum sign width.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4082 DENIED (PC98-203) (6 yes votes, 1 absent).
Waiver of code requirement DENIED.
Approved previously certified EIR NO. 319.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: February 11, 1999
Mailing to property owners within 300 feet: February 11, 1999
Posting of property: February 12, 1999
City Clerk Sohl. The Council received a request this date from the applicant to continue the Public
Hearing. No specific date was mentioned but a telephone call from the Planning Department has
determined they wish it to be continued to March 16, 1999.
Council Member Tait. He is declaring a conflict on this item. His engineering firm has done some work
for Home Depot, not at this site, but at another site in the past year. He will be abstaining from any
discussion or decision on this matter.
MOTION. Council Member Kring moved to continue the subject Public Hearing to March 16, 1999 as
requested by the applicant. Council Member McCracken seconded the motion. Council Member Tait
abstained. MOTION CARRIED.
D3.
REHEARING - CONDITIONAL USE PERMIT NO. 4064T AND NEGATIVE DECLARATION:
OWNER: Walter Friedman Trustee, WRBL Trust, 9 Goodyear, Irvine, CA 92618
AGENT: Eller Media, Attn: S. I. Castillo, 1550 W. Washington Boulevard, Los Angeles, CA
90007
LOCATION: 1107 North Brookhurst Street - Guerrero Auto Repair. Property is a 0.25 acre
located at the northwest corner of Brookhurst Street and La Palma Avenue.
To permit the construction of two (2) 36-foot high, 300 square-foot billboards.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4064 DENIED (PC98-178) (6 yes votes, 1 absent).
Denied Negative Declaration.
Informational item at the meeting of December 1, 1998, Item B3. Letter of appeal submitted by
the owner, Walter Friedman
At a public hearing held December 15, 1998, Item D4, the Anaheim City Council Denied CUP NO.
4064 (Resolution No. 98R-268).
At the meeting of January 26, 1999, Item B9, the Anaheim City Council GRANTED the request to
rehear this project.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: February 11, 1999
Mailing to property owners within 300 feet: February 11, 1999
Posting of property: February 12, 1999
19
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
FEBRUARY 23, 1999
Greg Hastings, Zoning Division Manager briefed the historical background on this matter as well as
briefing portions of the staff report dated November 9, 1998. He also reported, according to a letter
received from Caltrans dated November 3, 1998, the property owner was compensated for the land, site
improvements, and the value of the two outdoor advertising sign sites. Since the last Council hearing, staff
received a second letter dated February 18, 1999 from John C. Brown III, Sr. R/W Agent/Appraisals,
Caltrans (made a part of the record) which clarified that, although the signed contract does not specifically
mention the two outdoor advertising sites, that sign sites are part of the land value and not usually
specifically called out with other improvements being acquired. The letter further indicates it was the
State's intent to compensate for the sign sites. Caltrans further reiterated to Community Development
staff that the property owner was properly compensated for the two billboards. Council may also hear
from the property owner tonight that a February 22, 1995 letter sent by a staff member to the property
owner indicated that the billboards could be reconstructed on the property by right. The letter does not
address the billboards at all but instead addresses a grandfathering of what is left on the property after the
taking occurs (also see minutes of the Council Meeting of December 15, 1998 where the issue was
discussed and input received at a Public Hearing). The issue before the Council tonight is whether the
CUP should be approved to allow two new billboards to be constructed. Planning, Community
Development staff and the Planning Commission have recommended denial because it will create a
detrimental aesthetic effect on the street scape enhancement and Redevelopment efforts currently under
way in the Brookhurst Corridor. The Council has also previously denied the request. Staff is available to
answer questions. For the record, the Council's written information includes a response from Selma Mann
of the City Attorney's Office that they spoke with John Brown III of Caltrans. Mr. Brown confirmed that Mr.
Friedman was compensated for the value of the signs. He would also like Rob ZurSchmiede to provide
the Council with first-hand testimony regarding his conversation with a Caltrans representative. In
concluding, upon further questioning, he read letter dated February 18, 1999 into the record (see letter-
made a part of the record).
Joel Fick, Planning Director. For the record, he also read the first letter from John Brown III from Caltrans
dated November 3, 1998 addressed to Selma Mann (previously made a part of the record) which pointed
out, "The components of the compensation consist of payment for land, T.C.E., site improvements and
the value of two outdoor advertising sign sites."
Rob Zur Schmiede, Redevelopment and Property Services Manager. To clarify a question posed by
Council Member Feldhaus, he explained that he spoke to Mr. Brown after the November 3, 1998 letter had
been sent to the Planning Commission who explained in the State's offer to Mr. Friedman, the signs were
specified as being acquired. In their internal process in preparing a right-of-way acquisition agreement,
they do not always specify in the purchase and sale agreement each and every item contained in their
offer of purchase. Mr. Brown confirmed that the State's compensation to Mr. Friedman did include
compensation for the billboards.
Mayor Daly opened the Public Hearing.
Steve Sheldon. He feels the new information highlights that Mr. Friedman was not paid for the billboards
at the subject site by Caltrans. That is one of the main issues. Another issue is that Mr. Friedman relied
upon comments in the letter from City Planning staff regarding the reinstallation of his billboards after the
partial taking from Caltrans. Before continuing, he gave a brief history of the project. The Caltrans internal
appraisal was very Iow. In working with Caltrans, Mr. Friedman went to Anaheim and spoke to a City
Planner saying he would like to use his property as is. There was only one significant land use on that
property that was legal non-conforming and that was the billboards. It could have only been referring to
one business activity which was the billboards. It is the only as-is activity he could have referred to in that
letter. A letter was sent back from the City which he believed stated that he could reinstall his billboards.
The best document to rely upon is the actual agreement as to whether or not he has been paid. He
questioned how they could forget to put the billboards in the agreement. The agreement does itemize
other things - the amount of money paid for the pole sign, the gas tank, etc., but not the billboards. He
wrote a letter to the City and had only one non-conforming use and that was the billboards. He went the
extra mile to try to protect himself. He also disagrees this was a new billboard application. It is not; it is a
2O
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
reinstallation of a business. It is the fair and ethical thing to do for Mr. Friedman, who has been a victim of
the whole Caltrans taking. It all started with the widening of the I-5.
Mayor Daly asked if anyone else wished to speak either in favor or in opposition; there was no response.
Council questions and discussion followed. Council Member Kring noted a February 3, 1998 letter that
states Mr. Friedman was fully compensated for the billboards. Recently a letter was received from Mr.
Friedman stating he was going to be receiving a letter from Caltrans rescinding that he had been
compensated. After additional discussion/input, she (Kring) asked the City Attorney's interpretation.
City Attorney White. He does not think there is any dispute but what the agreement itself does not mention
the billboards. Mr. Brown in his letter of February 18, 1999 indicates that; it is not specifically called out in
the agreement. He believes what is happening is that the City Council is being placed in a position to use
its zoning power to resolve a dispute that exists between Mr. Friedman and Caltrans. Caltrans is not
present nor probably should they be. What he is hearing, there is an issue whether or not Mr. Friedman
was adequately compensated by Caltrans for the loss of the two billboards. That is between Caltrans and
Mr. Friedman. The zoning decision the Council has before it tonight which is the same as previously (see
minutes of December 15, 1998) is whether or not the criteria in the zoning code are satisfied to warrant
granting this permit tonight. Other issues such as the compensation, he does not think the Council is in a
position to ajudicate. Whether or not there was adequate or inadequate compensation paid or what each
thought at the time, may all be legitimate issues. Mr. Friedman may well have an issue in that regard but
not one that can be solved through the use of the City's zoning power.
After further discussion, questioning, and input by staff, Mr. Sheldon in his summation stated he believes
Mr. White would be correct that this is an issue between Caltrans and Mr. Friedman except Mr. Friedman
talked to the City Planner (Magid Ahmadi). He wrote a letter and received a letter back. He (Friedman)
relied on those letters and conversations in his negotiations with Caltrans. There are comments in the
Caltrans minutes of talking to Mr. Friedman and that he was going to go back to the City and talk to them
about what he could put back on his land. If Mr. Friedman had never spoken to the City, had never written
a letter to the City or received a letter back, Mr. White would be correct but he relied on the information he
got from the City in his negotiations with Caltrans to secure his position as to what he could or could not
do with his property.
Joel Fick, Planning Director. Before the hearing is closed, he would like to address one last point. It is
important to go back to the letters themselves to see what was said. In similar fashion, the applicant
mentions there is no reference to billboards in the Caltrans letter. There is also no reference to billboards
in either the applicant's letter to the Planning staff nor in Planning staff's response. In particular, he would
say the letter from the applicant says, "1 would not have to make any changes to the land". He would
preface his comments by saying very frequently, staff receives comments and questions from people up
and down the freeway. He disagrees with the applicant's comment that the only possibility could be
billboards on the site that could be nonconforming. They get questions all the time asking if landscaping is
non-conforming, parking non-conforming, etc., or can the use of the property still remain. The letter
submitted to staff says, "1 would not have to make any changes to the land or building at 1107 N.
Brookhurst..." As stated by staff at the prior Public Hearing, the actual buildin~t permits for the billboards
are not listed at 1107 N. Brookhurst. He then read portions of the applicable letters to emphasize his point
noting that neither letter addresses or makes any reference to any billboard.
Mayor Daly closed the Public Hearing.
Council Member Tait. On that point (the letters), he would say that staff did not mislead the applicant. The
applicant wrote a general question to staff and staff responded with a general answer. If Mr. Friedman
was concerned about putting the billboards back up, he would have asked that specifically stating
billboards. He asked a general question and got a general answer. According to the City Attorney, this is
legally irrelevant and an issue between Mr. Friedman and Caltrans. This was already voted down. It is a
land-use issue. He voted against it initially and then voted to allow the rehearing because the request
21
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
states there was new information and the applicant wanted to have a chance to respond to statements
made. He has heard nothing new, certainly not in regard to the land-use issue. He will vote as he did
before (to deny); Mayor Daly stated he would be doing the same.
ENVIROMENTAL IMPACT REPORT - NEGATIVE DECLARATION - DENIED: On motion by Mayor
Daly seconded by Council Member McCracken, the City Council Denied the negative declaration upon
finding that is has considered the negative declaration together with any comments received during the
public review process, and further finding on the basis of the initial study and any comments received that
there is substantial evidence that the project will have a significant effect of the environment. MOTION
CARRIED.
Mayor Daly offered Resolution No. 99R-33 for adoption, denying Conditional Use Permit No. 4064. Refer
to Resolution Book.
RESOLUTION NO. 99R-33: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
4064.
Roll Call Vote on Resolution No. 99R-33~ for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 99R-33, duly passed and adopted.
C1. 142: DISCUSSION - FORMATION OF CHARTER REVIEW COMMITTEE: Request by Mayor
Daly at the meeting of December 15, 1998, Item C4, to discuss the subject of forming a Charter Review
Committee for purposes of reviewing the City Charter. (Continued from the meeting of January 5, 1999,
Item C2, application procedure approved at the meeting of January 12, 1999, Item Cl, and discussion
continued for the meeting of January 26, 1999, Item C1 .)
City Clerk Sohl. She noted she has given the Mayor and Council Members each a package that contains
17 applications of citizens who wish to serve on the Charter Review Committee. If the Council would like
to direct at what meeting they wish to make appointments, she will be happy to schedule that accordingly.
The City Attorney has requested that she obtain charters from various cities and she is in the process of
doing so.
Mayor Daly. He is going to ask for a one-week continuance. It is great that there are 17 interested
citizens. A continuance will give the Council an opportunity to review the applications and in the
meantime, continue to accept applications from any others who would like to apply.
Council discussion followed wherein Council member Kring stated she would like at least a three-week
continuance which was then changed to March 23, 1999 due to a heavy schedule at the March 16, 1999
Council Meeting; Council Member McCraCken recommended a cutoff date of March 15, 1999 for
accepting applications.
Mayor Daly. He would be uncomfortable with a strict cutoff date; Council Member McCracken stated they
should at least recommend that (3/15/99) to give the Council an opportunity to review new applications
before making their decision on March 23.
MOTION. Mayor Daly moved to continue appointments to the Charter Review Committee to March 23,
1999. Council Member McCracken seconded the motion.
22
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 23, 1999
Before a vote was taken, Council Member Feldhaus asked if they made a determination that the
Committee would consist of seven members; City Clerk Sohl. She answered that they did for purposes of
the application process. The advertising indicated a seven-member Committee. She does not know if it
was final in the Council's mind.
Council Member Kring. They discussed seven and nine members and settled on seven. She would like
to keep it at that number; Mayor Daly. He feels they should make that decision on March 23.
A vote was then taken on the foregoing motion of continuance to March 23, 1999. MOTION CARRIED.
C2. 127: DISCUSSION - CONSIDERATION OF RESCINDING CITY'S CAMPAIGN REFORM
ORDINANCE: Discussion requested by Council Member McCracken at the meeting of January 12, 1998
(see minutes that date), Item C4., to consider the adoption of an ordinance rescinding the current
Campaign Reform Ordinance. (Continued from the meeting of January 16, 1999 to this date).
City Attorney White. He is requesting a three-week continuance of this item to finalize the drafting of the
various options on the issue.
MOTION. Council Member McCracken moved to continue this item for three weeks to March 16, 1999.
Council Member Feldhaus seconded the motion. MOTION CARRIED.
C3.
REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated there were no Closed Session items to report.
C4. 114: COUNCIL COMMENTS:
Council Member McCracken. She wants to reiterate the Mayor's expression of sympathy to John
Karczynski, Chairman of the Anaheim Redevelopment and Housing Commission on the passing of his
grandfather, Walter Karczynski, who lived in Anaheim for over 40 years and has been in the care of John
in recent years. Their sympathy to John and his family is well directed.
Both Mayor Daly and Council Member Kring thanked staff for the action taken on their separate requests
for adjusting timing of certain traffic signals.
ADJOURNMENT: On motion by Mayor Daly seconded by Co. Member McCracken, the Council Meeting
of February 23, 1999 was adjourned to 2:00 P. M., Friday, February 26, 1999, Administrative Conference
Room, Second Floor, Anaheim Convention Center, 300 West Katella Avenue, Anaheim for the purpose of
a Closed Session - Public Employee Performance Evaluation - City Manager (Mid-year review and goal
LEONORA N. SOHL
CITY CLERK
23