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2002/03/26 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING MARCH 26, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Lucille Kring, Tom Tait and Shirley McCracken. ABSENT: Council Member Frank Feldhaus STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Assistant City Clerk Cynthia Daniel-Garcia, Executive Director of Planning and Community Development. A copy of the agenda for the meeting of the Anaheim City Council was posted on March 22, 2002 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:13 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Library Block Master Plan City Manager Morgan introduced Executive Director of Community Development, Elisa Stipkovich, who explained that under the direction of the Council and City Manager's Office, Community Development had been working on a new central library for downtown Anaheim. She said that Community Development was finishing downtown Project Alpha which was on one of the key sites in downtown and would include a library and approximately 300 luxury apartments, structured parking and some additional commercial and retail uses. Library staff had a study conducted, she said, and it indicated that 100,000 square feet was needed for a central library to serve the public in the City in that location. There was approximately 30,000 square feet of useable space at the current main branch, she said, and the challenge was to come up with a facility and master plan with the architect. Some of the activities that were currently in the library may stay in the current library and all the services dealing with the public would be at the new location, she said. The key was to build a new library of somewhere between 60,000 to 80,000 square feet and the budget called for the 60,000 square feet. She said she believed that Community Development might be able to have a developer that would be willing to build an additional 20,000 square feet of spec space that the library could expand into in the future. Director Stipkovich said that she started out with a request for qualifications from a number of leading architects in the field of library architecture. It was then narrowed down into the two firms that were most qualified and a panel of the Assistant City Manager, Executive Director of Community Development and Planning, Community Services Director, Community Development Director and John Spaulding, an outside architect. She said that both architects were interviewed and it was agreed upon that Hardy Holzman and Pfeiffer Associates was the best qualified. The architects were present to discuss the rough concept of what could potentially happen in the library location and how it worked with the entire downtown project in the goals set for downtown. Staff had prepared in next years' budget that the Redevelopment budget would have about $14.5 million for the library and the City budget had about $1.5 million, she noted. The parking structure and other activities incorporated would be a separate item in the Agency budget, she said. Council Members were invited to participate in a tour of the expansion of the Los Angeles public library, which was one of Hardy Holzman and Pfeiffer ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 2 Association's outstanding projects. Director Stipkovich presented Steven Johnson, Principal, and Anthony Kuhn, Senior Associate, from of Hardy Holzman and Pfeiffer Association. Steven Johnson, Hardy Holzman and Pfeiffer Association, said that since working on the Los Angeles Library Hardy Holzman and Pfeiffer Association had been working continuously on library facilities and watching them grow from places to store books to being community centers. The project, he said, had a variety of other elements such as housing, retail, parking, developing cultural master plans and urban landscapes had been worked on over the past decades. He showed Council an exhibit and said that the ideas that his company had about the project would be explained next. He added that he needed Council's and other's input in order to develop the exhibit into a real plan. Anthony Kuhn, Senior Associate, Hardy Holzman and Pfeiffer Association, explained the exhibit model to the Council. Council Member Kring noted that the apartments would be to the south and would face Broadway and the apartments in the back would face the courtyard. She said that it was good to go underground with the parking and she commented that people would need parking. Expanding the budget and going down as far as the parking could go would make sense since there was not land left, she added. Mayor Daly asked about using the roof tops to the extent that it would be economical. Council Member Kring said that maybe some type of pool and spa treatment could be available to the tenants and they could have a homeowner's association. Council Member Tait asked if it was still in the request for proposal process and Mr. Kuhn said that it was. City Manager Morgan informed that there was an item on the agenda to authorize the pursuit of the planning process. In response to Council Member Kring, Director Stipkovich said Community Development had consulted with other groups that were experienced in libraries and the White Oak group had made recommendations on which architects should be reviewed. There was a contract on the agenda and if Council approved it this date, she said, Council could expect that Hardy Holzman and Pfeiffer Association would work with the City staff, hold meetings with Council and receive input in the next three months. A new concept plan would then be prepared and she noted that this was not the final recommendation. A new site plan would be prepared in three months and then they would look at the program and the cost and return to Council with recommendations and cost estimates for a couple of alternatives. She said if Council concurred and offered direction to continue, within three months the contract for approval on the agenda would take the project to the next level bringing it almost to schematic drawings. If Council then concurred that it was the right concept plan to go with, it would go to construction drawings, she added. If a person wanted to pay for the children's reading room or for some other space in the new library, Mayor Daly asked, when could that be taken into consideration. City Manager Morgan said that it could begin right now and some of the funding could be identified in the proposed budget and that funding would get the process most of the way through. Until further analysis was done, he was not exactly sure if the funding was sufficient. In response to Mayor Daly, City Manager Morgan said that there was about $14.5 million in redevelopment dollars and $1.5 million in general fund dollars that had been identified just for c....._......,..... ..,._.,......,~......_"~.-.".._.~__.m."......,__...,,._" ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 3 the library in the proposed budget. He said he believed that those dollars would fund somewhere around 60,000 square feet with the prospect of another 20,000 square feet to be done on a spec basis for the library to grow into. He added that until the analysis was done, the numbers would move around and he reminded Council that the existing central library was operating at 29,000 square feet and was more than it had in years since it recently expanded to the upper level. He said that even at the 60,000 square foot level, it was more than double what the City had today, even with auxiliary uses off site. He said that the 100,000 square foot number was a full master plan build out that the City would strive towards. Mayor Daly asked about State grant monies and City Manager Morgan said that State grant dollars had been pursued and the project did not look like a good candidate for the funds. Funds for Haskett were pursued and he said he believed that the City had a good chance of receiving the State money. Council Member Tait asked to expand the model to include a community center on the east side of Anaheim Boulevard and he said it seemed that a lot of library space was for community meetings and he noted that $20 million was spent for a community center. He said that the community center might not be as needed there as it may be in other parts of the City. He voiced his concerns about the library technology being obsolete in ten years. Director Stipkovich clarified that part of the contract was for the consultants to be looking at the packinghouse and the Carnegie Library as well as the existing central library. When looking at all the uses, she said, many of them related to the history room and some of the historical areas and some of the articles were stored in the basement of the current library. She said that the consultants would be looking at how to use all of the facilities and the community center could be included and make sure that the consultants would be aware of all of the other space available in the downtown location. Council Member McCracken asked about entrances and exits into the facility, elevators and where parking for the library would be most available so that people would not have to park too far from the library since it was an issue with children and seniors. She asked that these details be worked out over the next few months and she hoped that if Disney Travel were to do anything, it would be nice for them to do it along with this project. Council Member Tait said that Council had been working on creating more density downtown and said that more things would happen and would create a sense of place. He said he advocated going more dense and further up. Council Member Kring said that she would like the apartments to go higher and she asked if there was any thought to putting a cafe or coffee bar in the library. Council Member Tait said that his vision was to have a place where people would want to go such as a cafe with music or entertainment and he wanted to get more people downtown. Council Member Kring said she envisioned different retails on Broadway and then the apartments, condominiums and townhouses would bring the people who would shop at the retail, have dinner there and bring people into the area. Council Member McCracken said that it would be nice to know what Disney was going to do with that piece of property and said that they needed to be working with the City right now. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 4 City Manager Morgan said that the City needed to understand the future for that piece of property and that there were opportunities to do something different on a long-term basis to integrate and maximize the whole area Mayor Daly asked if the consultant would present thoughts about the pedestrian flow and how to make it as comfortable and safe as possible for pedestrians. He said that if the downtown area became more dense, busy and successful the only public space would be the center path on the east side of the Disney travel building and the veterans monument. He asked the consultant to bring forth a number of alternatives, scenarios and heights for the skylines. He added that there was some dead space in the area along the back of the Vons shopping center. He explained that staff and the consultant had talked about opening it up so people could walk through, which would be a continuation of Lemon Street and would be an enhancement. In response to Mayor Daly, Director Stipkovich said that opening up the space in the shopping center would be within the scope of the planning. She said she was also working with The Planning Center on the Vons project and would benefit from the joint meeting. ADDITIONSIDELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 4:05 P.M. CITY COUNCIL 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 01 CC09320. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Chevy Chase Anaheim Partners v. City of Anaheim, Anaheim Housing Authority, et aI., Orange County Superior Court Case No. 01 CC09569. 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code): one potential case. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1370 South Sanderson Avenue Agency negotiators: Joel H. Fick Negotiating parties: City of Anaheim and Robert G. Jones Under negotiation: Lease terms ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 5 ANAHEIM REDEVELOPMENT AGENCY 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1234-1300 South Anaheim Boulevard, Anaheim. California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and The Owen Company Under negotiation: Price and terms ANAHEIM HOUSING AUTHORITY 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Chevy Chase Anaheim Partners v. City of Anaheim, Anaheim Housing Authority, et aI., Orange County Superior Court Case No. 01CC09569. AFTER RECESS: Mayor Daly called the regular Council meeting of March 26, 2002 to order at 5:37 P.M. and welcomed those in attendance. PRESENT: Mayor Tom Daly, Council Members: Lucille Kring, Tom Tait and Shirley McCracken. ABSENT: Council Member Frank Feldhaus STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Executive Director of Community Development and Planning Joel Fick, Zoning Division Manager Greg Hastings. INVOCATION: Assistant Pastor Jim Buchanan, Freedom Bible Church FLAG SALUTE: Council Member McCracken PROCLAMATIONS AND DECLARATIONS: 119 Proclaiming April 2002 as Tree Appreciation Month in Anaheim and recognizing the Ice'Kateers Synchronized Skating Team. Recognitions to be presented at a later date were a declaration recognizing the 2002 Annie Accolade Award Winners of the Women's Division of the Anaheim Chamber of Commerce; a proclamation recognizing April 7 - April 14, 2002 as Days of Remembrance; declaration recognizing the California Association of School Business Officials and a proclamation recognizing April 1 ,2002, as Cesar Chavez Day of Service and Learning. At 5:58 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 6:12 P.M. ADDITIONSIDELETIONS TO THE AGENDA: None. -'~_._~.' ..- ,--........ .......-.~...._..._,."_____~,T~"_....,...'. 118 117 156 105 166 175 123 123 160 160 123 ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 6 PUBLIC COMMENTS: None. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A12: 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 Resolution No. 2002R-69 for adoption. Council Member Feldhaus absent. Motion carried. A1. A2. A3. A4. A5. A6. - Reject certain claims filed against the City. Receive and file Investment Portfolio Report of February 2002; the Crime and Analysis Report for February 2002; minutes of the Public Utilities Board meeting of December 6, 2001; and minutes of the Workforce Investment Board meeting of January 10, 2002. Award the contract to the lowest responsible bidder, Hondo Company, Inc., in the amount of $1,381,596.15, for the Betsy Ross Park and Gateway Monument Development, approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions and approve the naming of the Ross Park site as Betsy Ross Park. Approve and authorize the Director of Public Works to execute Change Order No.1 with Hillcrest Contracting, in the amount of $217,094.24, for the State College Boulevard/SR- 91 Freeway Interchange Improvement Project. Approve the Administering Agency-State Agreement for Federal Aid Projects No. 12- 5055, Program Supplement No. M092, for the Anaheim Boulevard Street Improvement Project from Cypress Street to Broadway Avenue. Accept the bids and authorize the Mayor and City Clerk to execute the agreements with All American Petroleum, Frankie's Hand Car Wash and Canyon Auto Wash, in an aggregate amount not to exceed $60,000 per year, for vehicle washing services for the City's fleet vehicles and authorize the Purchasing Agent to exercise up to four one-year renewal options in accordance with Bid #6254. A7. Accept the low bid of Clean City, Inc., in an amount not to exceed $144,100, for weed abatement and trash removal for a period of one year with four one-year renewal options in accordance with Bid #6258. A8. Accept the bid of Fleet Pride for annual purchases not to exceed $50,000, for medium and heavy-duty truck parts for the Department of Public Works and authorize the Purchasing Agent to exercise up to four one-year renewal options in accordance with Bid #6264. A9. Authorize the Chief of Police to execute the Indemnification and Hold Harmless Agreement with Chapman University for SWAT training at the Chapman University facility on March 28, 2002. .,,_.H'..,"'.__,.__."'",_.""'......,.~+ ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 7 123 A 10. Approve and authorize the City Manager to execute the Purchase and Sale Agreement with Peacock LLC, in the amount of $1.855 million, for the property located at 1831 South Harbor Boulevard. 150 A11. RESOLUTION NO. 2002R-69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the San Gabriel and Los Angeles Rivers Watershed and Open Space Plan. 123 A 12. Approve and authorize the City Manager to execute the agreement with Storage West for storage space for supplies associated with the Fire Department's Used Oil Recycling and Household Hazardous Waste Disposal Programs. END OF CONSENT CALENDAR 105 A13. Nominate and appoint a member to the Public Utilities Board, term to expire June 30, 2005. Council Member McCracken moved, seconded by Council Member Tait, to continue Item A13 to April 9, 2002. Council Member Feldhaus absent. Motion carried. 179 A14. Request for rehearing by Agent, George H. Staehling, regarding the conditions placed on approved Conditional Use Permit No. 3802 (Resolution No. 2002R-52) (Approved by Council at the public hearing of February 26, 2002, Item C9). Council Member Kring moved, seconded by Council Member Tait, to continue Item A14 to April 23,2002 at the request of the agent. Council Member Feldhaus absent. Motion carried. Item B1 From Zonina Administrator Meetina of March 7. 2002: (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 MARCH 28, 2002: 179 B1. ADMINISTRATIVE ADJUSTMENT NO. 2002-00218: OWNER: Charles Bogner, Arboles Development LLC P.O. Box 18683, Anaheim, CA 92807 LOCATION: 6403 East Via Arboles. Property is 0.21 acre property, has a frontage of 56 feet on the north side of Via Arboles, a maximum depth of 140 feet, and is located 100 feet east of the centerline of Ramsgate Drive. Waiver of maximum structural height to construct a new two-story single-family residence the RS-5000 (SC) (Residential, Single-Family; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2002-000218 approved (ZA2002-10). Items B2 throuah B10 From Plannina Commission Meetina of March 11.2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such ,.,.............. .."""t'.'''',..,.......''''''''''-,~,,~ ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 8 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 APRIL 2, 2002: 179 B2. CONDITIONAL USE PERMIT NO. 2001-04489 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Cal Asia Property Development 1517 South Sepulveda Boulevard, Los Angeles, CA 90025 AGENT: MPA Architectural Group, Attn: Jennifer Gerner 1205 J Street, Suite F, San Diego, CA 92101 LOCATION: 1001 North State ColleQe Boulevard. Property is approximately 0.5-acre located at the northwest corner of La Palma Avenue and State College Boulevard. Requests to construct a five-unit commercial retail center. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04489 granted (PC2002-33) (7 yes votes). In response to Mayor Daly, Executive Director or Planning and Community Development Joel Fick said that there was a five-unit split and two units were permitted as a matter of right where there would be no action required. He said that the applicant had reduced it down to a three- unit complex. The permit divided one of the three units to have three total tenants within the project, he said. Box trees would be installed and other enhancements would be made to the site, he noted, and there was critical intersection landscaping with the project. The construction was permitted as a matter of right in up to two commercial units for retail uses and the request was to add a third commercial unit within the center. In response to Mayor Daly, Zoning Division Manager Greg Hastings said that as a result of the Planning Commission action and recommendation from staff, there would be landscape area placed on the property to the west of it, an adjacent parcel, which should screen portions of most of the wall. There would be architectural enhancements to the wall when it was finished, he said. Staff had worked with the applicant to bring the project down from five to three units, he added, and there would be one monument sign that would be placed in the corner. He noted that there would be a sign plan to look at that would allow up to three tenants to be placed on that sign. There would be 22-feet of landscaping between the building and public improvements and 12-feet of that would eventually go away with the widening of the critical intersection, he said. There would be 15 24-inch box trees which were upgraded from 15-gallon trees and the monument sign would be five feet. 83. 179 179 B4. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00004. CATEGORICALLY EXEMPT - CLASS 1: OWNER: FJS Inc., 1030 West Katella Avenue, Anaheim, CA 92802 AGENT: Cachet 2, Attn: Sue Lee, 1030 West Katella Avenue, Anaheim, CA 92802 LOCATION: 1030 West Katella Avenue. Cachet 2. Property is approximately 6.8- acres with a frontage of 470 feet on the south side of Katella Avenue, located 190 feet east of the centerline of West Street (Anabella Hotel). Requests approval to permit sales of beer and wine for off-premises consumption within an existing gift shop at the Anabella Hotel. ACTION TAKEN BY THE PLANNING COMMISSION: Determination of Public Convenience or Necessity No. 2001-00004 withdrawn (7 yes votes). CONDITIONAL USE PERMIT NO. 2002-04506 ......,............ .~.,_.. ,.,~---.__. .,...'"----~--".,.,..",',"-,.".... ';'" ..-.,..-.-...... ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 9 179 B5. 179 179 ~.............. CATEGORICALLY EXEMPT - CLASS 1: OWNER: J. D. Verburg, 1331 East Maple Avenue, Orange, CA 92866 Kathleen Verburg Family Trust, 2302 Dupont Drive, # 200 Irvine, CA 92612 AGENT: The Consulting Group, Attn: Paul Kim 18500 Von Karman Avenue, Irvine, CA 92612 LOCATION: 1460 North Red Gum Street. Property is approximately 2.88-acres with a frontage of 130 feet on the east side of Red Gum Street, located approximately 810 feet north of the centerline of La Jolla Street. Requests approval to permit the co-location of a telecommunication antenna on an existing telecommunication tower and accessory ground- mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04506 granted for five years to expire on March 11, 2007 (PC2002-36) (6 yes votes, Commissioner Koos abstained). CONDITIONAL USE PERMIT NO. 2002-04507 AND NEGATIVE DECLARATION: OWNER: Hunters Pointe Homeowners 14600 Goldenwest Street, Suite A-102, Westminster, CA 92683 AGENT: The Consulting Group, Attn: Paul Kim 18500 Von Karman Avenue, Irvine, CA 92612 LOCATION: 6930 East Canyon Rim Road. Property is approximately 3.1 acres with a frontage of 545 feet on the south side of Canyon Rim Road, located 180 feet west of the centerline of Fairmont Boulevard. Request approval to permit a telecommunication antenna and microwave dish on an existing electrical transmission tower and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04507 granted for five years to expire on March 11, 2007 (PC2002-37) (6 yes votes, Commissioner Koos abstained). Negative Declaration approved. B6. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04502 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Foodmaker Inc., C/O Graffings Food Services 9330 Balboa Avenue, San Diego, CA 92123 AGENT: Robert A. Martinez Architects, Attn: Robert A. Martinez 15487 Seneca Road, Suite 203, Victorville, CA 92392 LOCATION: 100 South State ColleQe Boulevard. Property is approximately 0.44- acre, located at the southeast corner of Center Street and State College Boulevard (Jack In The Box). Requests approval to expand an existing fast food, drive-through restaurant with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Waive of Code Requirement approved (7 yes votes). Conditional Use Permit No. 2002-04502 granted (PC2002-38). B7. CONDITIONAL USE PERMIT NO. 2001-04469 ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 10 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Thrifty Oil Company C/O Arco Products P.O. Box 512485, Los Angeles, CA 90051 AGENT: Sager Associates, Attn: Jonathan Sagherian 109 East Harvard, Suite 306, Glendale, CA 91205 LOCATION: 1881 West Ball Road. Property is approximately 0.43-acre located at the northeast corner of Ball Road and Nutwood Street (Shatilla Bakery). Request to permit the conversion of a vacant service station to a full service bakery with a 793 square foot addition. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04469 granted (PC2002-39) (7 yes votes). In response to Mayor Daly, Zoning Division Manager Greg Hastings said the building was a freestanding former service station building and it was not connected to the market next door. He pointed out that there was no landscaping left on the property from the service station and staff worked with the owner to obtain full landscaping improvements throughout the property and agreed to no freestanding sign at all. The only sign, he said, would be on the building. 179 B8. CONDITIONAL USE PERMIT 4125 AND NEGATIVE DECLARATION: OWNER: California Drive-In Theaters 120 North Robertson Boulevard, Los Angeles, CA 90048 AGENT: James Beam, 3745 West Chapman Avenue Orange, CA 92868 LOCATION: 2150 South State Colleae Boulevard. Property is approximately 8.48 acres with a frontage of 635 feet on the east side of State College Boulevard located 280 feet on the south side of Orangewood Avenue (Orange/Anaheim Swap Meet). Requests reinstatement of this permit by the modification of a condition of approval pertaining to a time limitation (approved on April 19, 2001, to expire April 09, 2002) to retain an outdoor swap meet facility. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 4125 granted (PC2002-41) (7 yes votes). Negative Declaration previously approved. In response to Mayor Daly, Executive Director of Planning and Community Development Joel Fick stated that the Planning Commission had approved a two-year extension. He said that the recommendation of staff was that the application not be approved since there had been a variety of land uses examined for the site. He said that the applicant's position was that the time period was necessary to finalize plans that were under consideration at the present time. Mayor Daly said he believed that twelve to eighteen months was a reasonable amount of time. Council Member McCracken said that the agent had submitted a packet of materials regarding another proposal for the property and she asked if that had come forward to the Planning Department. Director Fick said that the property was two parcels and split two city boundaries and that two- thirds of the drive-in site was located in the City of Orange and the northerly third was located geographically in the City of Anaheim. He said that the Planning Department had discussions with the City of Orange staff about the proposal and Planning was studying the proposal with the City of Orange. He noted that in the City of Orange side, the Agent had a conditional use ---~...., ...... -.^." ...............-. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 11 permit without an expiration date. Director Fick said that when the drive-in was originally approved, it was only approved for parking on the Anaheim side and the drive-in was located in the City of Orange. Mayor Daly stated that some finality to the swap meet was in the best interest of the stadium neighborhood. He said that the applicant had submitted a plan to build apartments and until the apartment plan was approved, the swap meet was continued. Mayor Daly said he was trying to find a reasonable compromise and said that the City had been more than generous on the site. Council Member McCracken said that there had been an application for one year and the agent asked that it be extended to June and then the Planning Commission extended the application beyond that. Council Member Kring asked if it was possible that in giving the Agent two-years, that they were working on a plan that alleviated the need to go to the actual two-year term and they may have needed it in case the new project needed the time for development. Mayor Daly said that the permit had already operated longer than it was supposed to and it was passed the previously agreed to expiration date. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken. 179 B9. VARIANCE NO. 2002-04484 CATEGORICALLY EXEMPT - CLASS 11: OWNER: Western Exterminators, 305 North Crescent Way Anaheim, CA 92807 AGENT: Michael Katz, 305 North Crescent Way, Anaheim, CA 92801 LOCATION: 305 North Crescent Way. Property is approximately 2.0 acres with a frontage of 250 feet on the west side of Crescent Way located 275 feet north of the centerline of Penhall Way (Western Exterminator Company). Requests waiver of permitted location of freestanding or monument type sign to construct a new monument sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04484 granted (PC2002-42) (7 yes votes). REPORTS AND RECOMMENDATIONS: 179 810. CONDITIONAL USE PERMIT NO. 2001-04470 - REVIEW OF FINAL SIGN PLANS AND NEGATIVE DECLARATION: Dr. Jayaratne, 6254 East Santa Ana Canyon Road, Anaheim, CA 92807, requests review of final plans to permit one wall sign. Property is located at 6254 East Santa Ana Canyon Road (Anaheim Hills Montessori School). ACTION TAKEN BY THE PLANNING COMMISSION: Approve final sign plans for Conditional Use Permit No. 2001-04470 (7 yes votes). Negative Declaration previously approved. No public hearings were scheduled. ~"'.......... ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 26, 2002 PAGE 12 Report on Closed Session Actions: City Attorney White stated that Council had approved an extension of the date for termination of tenancy under the occupancy agreement with Robert G. Jones, 1370 South Sanderson Avenue, for the Rancho Del Rio Stables, from May 31,2002, to March 31,2003. Roll call vote: Ayes - 3, Mayor Daly and Council Members McCracken and Tail. Noes - 1, Council Member Kring. Absent - 1, Council Member Feldhaus. Motion carried. Council Member Kring noted that she would have voted for a five-year extension. Council Communications: Council Member Tait requested a workshop on public benefit fee expenditures and the policy on how the money is spent. Council Members McCracken and Kring noted some of the upcoming celebrations. Council Member Kring said that May was water awareness month and from March 26, 2002 through April 5, 2002, the traveling art show would be in the City Hall East lobby. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 6:35 P.M. Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk _'.'.....h..'" _,~...,. .._~.___ ........ ""_.."""""..,......,,:=~' .,"--'..~=",."......._.