2002/12/17ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING
DECEMBER 17, 2002
The City Council of the City of Anaheim met in adjourned regular session. The Notice of
Adjournment was posted at 3:00 P.M. on December 17, 2002 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 3:30 P.M. due to a lack of quorum.
PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken, Bob
Hernandez and Richard Chavez.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll
Schroeder, Community Services Director Chris Jarvi, Public Utilities Principal Electric Systems
Designer Robert Templeton, Executive Director of Planning and Community Development Joel
Fick and Zoning Division Manager Greg Hastings.
A copy of the agenda for the meeting of the Anaheim City Council was posted on December 13,
2002 at the City Hall inside and outside bulletin boards.
Mayor Curt Pringle called the regular meeting to order at 3:34 P.M. in the Council Chambers of
the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Council Member McCracken moved to recess to Closed Session, seconded by Council Member
Chavez. Motion carried. The Council recessed to Closed Session at 3:35 P.M.
COUNCIL:
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 al., Orange County Superior
Court Case No. 76-32-58 (and related cases).
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Saqib v. City of Anaheim, Orange County Superior Court Case No.
01CC14668.
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. 01CC09320.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Choi v. Gaston, et al., United States District Court Case No. SACV96-
830GLT.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
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ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 2
Name of case: In re: Ogden New York Services, Inc. et al., U.S. Bankruptcy Court No.
02-40846-cb (SDNY).
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the
Government Code)
Property: Arrowhead Pond of Anaheim, 2695 East Katella Avenue, Anaheim,
California.
Agency negotiators: Dave Morgan, Tom Wood, Greg Smith
Negotiating parties: City of Anaheim, Anaheim Public Improvement Corporation,
Covanta Energy Corporation, State Street Bank and Trust Company.
Under negotiation: Price and terms of lease and sublease; head lease and sublease.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the
Government Code)
Number of potential cases: one
Existing facts and circumstances: claim by Economy Rentals, Inc., of impairment of
access at property at 1771 West Lincoln Avenue due to installation of street median
island.
AFTER RECESS:
Mayor Pringle called the regular Council meeting of December 17, 2002 to order at 5:25 P.M.
and welcomed those in attendance.
REPORT FROM CLOSED SESSION:
City Attorney, Jack White, reported that the City Council took action in Closed Session, by
unanimous vote, approved a Memorandum of Understanding with the City of Yorba Linda
concerning construction of the Burlington, Northern Santa Fe Railroad soundwall project and the
City of Yorba Linda was also considering action on the same item at their meeting this date.
INVOCATION: Jimmy Gaston, State College Church of Christ
FLAG SALUTE: Council Member Chavez
PROCLAMATIONS AND DECLARATIONS:
Recognizing Walt Disney Imagineering on its 50th Anniversary, accepted by Marty Sklar.
Recognizing the 2002 Community Emergency Response Team (CERT) Graduates, presented
by Fire Chief, Roger Smith.
At 5:39 P.M., Mayor Pringle recessed the City Council meeting until after the Redevelopment
Agency and Anaheim Housing Authority meetings.
Mayor Pringle reconvened the City Council meeting at 6:00 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 3
Fred Lowry asked Council to consider providing retirement benefits in the sum of $5,000 with a
$50 deductible and a funeral allotment for the retired canine from the Police Department. He
indicated the health problems due to their years of service
Mayor Pringle asked staff to look into the suggestion.
James Robert Reade spoke about former Council Member Lucille Kring.
Michael Baker welcomed the new Council Members and reminded everyone of the young
people of the community and urged Council to consider them as they deliberate.
Don Meyers spoke about the improvement on Lincoln Avenue noting the City Engineer had
reviewed a videotape regarding the traffic problem and the Engineer's solution was to make a
no U turn east of his business on Lincoln. He expressed his concerns with the loss of business
and inconvenience to his customers.
Mayor Pringle said he knew the City Engineer was reviewing the information and considering
options and he looked forward to hearing what they were.
Council Member Tait asked if the largest percentage of his truck traffic was 6,000 pounds or
over and Mr. Meyers said yes, all his trucks, 43, were over 6,000.
Leslie Shy, attorney for Mr. Meyers, noted a dangerous situation existed, as shown on the video
tapes and the solutions provided by the Public Works Department were not workable. The
suggestion to close off a left turn lane or U turn lane in one location would only cause people to
go down to Lincoln and Euclid to make a U turn, which would be more dangerous. He
submitted the cost of re-establishing the left turn lane in front of Anaheim Rentals was about
$16,000, which would cost the Council substantially more than that if there was one accident.
He noted the videotape showed one member of the public almost hit one of the trucks trying to
make a U turn. He said the City Attorney tried to work with Public Works in an attempt to
mediate the problem, to no solution and he asked Council to reconsider on their behalf to avoid
any other remedy they would have to seek.
Ron Gidrey said he was having trouble finding an outlet when he left Economy Rentals trying to
find a way that he could turn the truck around because he did not have an outlet. He explained
there was always an outlet until the new median was put in.
Mayor Pringle asked if that was east bound traffic making a left hand turn into his property or
vehicles in his property trying to make a left hand turn.
Ron Gidrey said the problem was making a turn into Economy Rentals going east on Lincoln
Avenue, coming west to east toward Euclid.
Tim Blant said he had the same turning problem.
MOTION: Council Member Chavez moved to waive reading in full of all ordinances and
resolutions, seconded by Council Member Tait. Roll call vote: Ayes - 5, Mayor Pringle, Council
Members McCracken, Tait, Hernandez and Chavez. Noes - 0. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
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Mayor Pringle offered the an amendment to item A3, Council meeting calendar for 2003, adding
meeting dates of February 11, March 25, May 13, July 15, December 9 and change September
2°d meeting to December 23rd.
Mayor Pringle pulled item A34 and A38 from the Consent Calendar for separate action.
Council Member Tait pulled item A33 for separate action.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A47: On motion by Council
Member McCracken, seconded by Council Member Chavez, the following items were approved
in accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Item A3 approved as amended, Items A33 and
A34 acted upon separately and Item A38 continued to January 7, 2003. Council Member
McCracken offered Resolutions Nos. 2002R-245 through 2002R-253 and Ordinance Nos. 5844
and 5845 for adoption. Roll call vote: Ayes - 5, Mayor Pringle, Council Members McCracken,
Tait, Hernandez and Chavez. Motion carried.
118 Al. Reject certain claims filed against the City.
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A2.
Receive and file the Investment Portfolio Report for November 2002; the Crime and
Analysis Report for October 2002; minutes of the Budget Advisory Commission meeting
held May 15, 2002; minutes of the Investment Advisory Commission meeting held May
21, 2002 AND August 20, 2002; minutes of the Mother Colony House Advisory Board
meeting held September 6, 2002; minutes of the Redevelopment and Housing
Commission meetings held September 18, 2002 and October 16, 2002; and minutes of
the Public Utilities Board meeting held October 3, 2002 and October 25, 2002.
A3.
RESOLUTION NO. 2002R-245 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing the days and times of regular meetings of the City
Council.
A4.
Accept the Iow bid of Cleveland/Price Inc., in an amount not to exceed $723,525
(excluding tax), for 150 remote controlled switch operators, for the period of January 1,
2003 through December 31, 2003, with three one-year optional renewals and authorize
the Purchasing Agent to exercise the renewal options in accordance with Bid #6318.
A5.
Accept the Iow bid of SKF Condition Monitoring, Inc., in the amount of $35,328.95
(including tax), for the gas turbine vibration monitoring system replacement in
accordance with Bid #6326.
A6.
Accept the Iow bid and authorize the agreement with Mariposa Horticulture Enterprise,
Inc., in an amount not to exceed $686,415 (tax inclusive), for landscape maintenance in
East Anaheim for a two-year period with three one-year optional renewals and authorize
the Purchasing Agent to execute renewal options in accordance with Bid #6327.
A7.
Accept the Iow bid of Penske Utility Rental, in an amount not to exceed $48,272
(including tax), for the rental of a seventy-five foot aerial truck for the Utility Department
for a period of up to sixteen months in accordance with Bid #6334.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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A8.
Accept the bid of Huntair, Inc., in the amount of $374,519 (tax inclusive), for the
construction of ten GVAC air handlers for the Convention Center renovation in
accordance with Bid #6335.
A9.
Accept the Iow bid from Barney's Transmission Center, in an amount not to exceed
$45,000 (tax inclusive), for transmission repairs as required for a one-year period with
three one-year optional renewals and authorize the Purchasing Agent to execute
renewal options in accordance with Bid #6336.
Al0. Accept the bid of SCS Flooring Systems, in an amount not to exceed $29,143 (plus tax),
for carpet squares for the Convention Center in accordance with Bid #6337.
All.
Approve a decrease in the mileage reimbursement rate from 36.5 cents to 36.0 cents
per mile, to match the decrease approved by the Internal Revenue Service for calendar
year 2003 in accordance with the Memoranda of Understanding for the various
employee bargaining units.
A12.
Authorize the issuance of a change notice to Southwest Power, Inc. to increase the
amount of the purchase order by $30,853, bringing the not to exceed amount of the
purchase order to $50,853 (including tax), for the purchase of electrical connectors to be
used by the Utilities Department on an as required basis through June 30, 2003.
A13.
Waive Council Policy No. 306, authorize the Purchasing Agent to issue a purchase order
to Motorola and authorize the Public Utilities General Manager to execute the
Communications System Agreement with Motorola, in an amount not to exceed
$548,465.13 (excluding tax), for radio dispatch consoles and accessories for the Public
Utilities Department.
A14.
Waive Council Policy No. 401 and approve a three-year agreement with David Taussig
& Associates, Inc., in an amount not to exceed $21,000 per year, for consulting services
in conjunction with the City's administrative responsibilities, tax rate setting and
collection for Community Facilities Districts Nos. 1989-1, 1989-2 and 1989-3, for fiscal
years 2002/03, 2003/04 and 2004/05.
A15.
Award the contract to the lowest responsible bidder, Paulus Engineering, Inc., in the
amount of $509,325 and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
A16.
Award the contract to the lowest responsible bidder, Paulus Engineering, Inc., in the
amount of $117,733, and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
A17.
Award the contract to the lowest responsible bidder, Sandalwood Construction, in the
amount of $289,661, and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
A18.
RESOLUTION NO. 2002R-246 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving submission of a grant application to the Mobile Source Air
Pollution Reduction Review Committee.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 6
A19.
Approve Change Order No. 1 with Sialic Construction Corporation to authorize an
additional payment, in the amount of $171,081, for certain private improvements
required by the Ball Road/Euclid Street Intersection Improvement Project.
A20. Approve the Final Map and Subdivision Agreement of Tract No. 16227 with Magnolia
Cottages Group, LLC for property located at 820-824 South Magnolia Avenue.
A21.
Approve the agreement with KFM Engineering, Inc., in an amount not to exceed
$220,000, for design and engineering services for the State College Boulevard Median
and Landscape Beautification Improvement Project between the SR-91 Freeway and
Lincoln Avenue.
A22.
Approve the professional services agreement with Michael T. Mahoney, in the amount of
$59,225, to provide services related to a specialist in arboriculture and urban forestry for
the care of 1,062 palm trees in the Anaheim ResortTM.
A23. Approve an agreement with E2 Consulting Engineers, Inc., in an amount not to exceed
$220,000, for engineering services for the West Anaheim Sewer Area.
A24.
RESOLUTION NO. 2002R-247 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM waiving the statutory notice by the State of California for its intent to
relinquish Ox Road to the City of Anaheim.
A25.
RESOLUTION NO. 2002R-248 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the Submittal to the Orange County Transportation
Authority of an application for funding of twenty-four improvement projects under the
Combined Transportation Funding Program.
A26.
RESOLUTION NO. 2002R-249 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying properties or interests therein
(City Deed Nos. 10568, 10563, 10560 and 10549).
A27.
RESOLUTION NO. 2002R-250 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public interests, highways
and service easements (Abandonment No. 2000-0007A, Babbit Avenue and the
drainage easement extending westerly from the terminus thereof).
Abandonment No. 2000-0007A set for public hearing January 14, 2003.
A28. RESOLUTION NO. 2002R-251 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public interests, highways
and service easements (Abandonment No. 20002-00057, 481 South Mohler Drive).
Abandonment No. 2002-00057 set for public hearing January 14, 2003.
A29.
RESOLUTION NO. 2002R-252 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending and restating the procedures and rules of order for the
conduct of City Council meetings.
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ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 7
ORDINANCE NO. 5846 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding new Section 1.12.099 to Chapter 1.12 of Title 1 of the Anaheim
Municipal Code relating to procedural matters.
A30. Approve the 2003 Investment Policy Report as submitted by the City Treasurer.
A31.
Approve the agreement with Anaheim Family YMCA for recreation class instructions for
the period of January 1, 2003 through
December 31,2003.
A32.
Approve a five-year license agreement with Ability First to utilize the Anaheim
Therapeutic Recreation Center on a shared basis to provide an after school daycare
center program and day camp for the developmentally disabled through December 31,
20O7.
A35. Approve the First Amendment to Agreement with Don Andersen to extend the term of
the agreement by six months to finalize various pending sponsorship agreements.
A36. Approve an agreement with First American Bankcard Systems for the installation of a
video advertising display system at the Convention Center.
A37.
RESOLUTION NO. 2002R-253 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM changing the name of a portion of Jeffrey Street to Calle del Sol, a
portion of Michelle Drive to Calle del Mar and a portion of Audre Drive to Calle de Las
Estrellas.
A39.
Accept a grant award from the Governor's Office of Criminal Justice Planning for the
Suppression of Drug Abuse in Schools Program and amend the Police Department's
fiscal year 2002/03 budget by increasing revenues and expenditures, in the amount of
$119,500.
A40.
Waive Council Policy No. 306 and authorize the Chief of Police to execute an agreement
with Wellness Solutions, Inc., in an amount not to exceed $85,176, to provide a
fitness/wellness program for Anaheim Police Officers as provided for in the
Memorandum of Understanding between the Anaheim Police Association and the City.
A41.
Accept the bids and authorize the Purchasing Agent to issue purchase orders to Botach
Tactical, in the amount of $37,696, Adamson Industries, in the amount of $62,088, and
Highcome Security, Inc., in the amount of $4,290 (all items are plus tax), for respirator
systems and related equipment for the Police Department in accordance with Bid #6317.
A42.
Approve and authorize the Public Utilities General Manager to execute an agreement
with Navigant Consulting, Inc. to provide professional fiber optics leasing consulting
services to the Public Utilities Department.
A43.
Approve and authorize the Pubic Utilities General Manager to execute the First
Amendment to Water Conservation Agreement No. 26548 with Metropolitan Water
District of Southern California to extend the term of the agreement to provide additional
funding for the Public Utilities Department's Home Incentives Program.
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ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 8
A44.
ORDINANCE NO. 5847 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2001-00063, 2330-2340 West Lincoln
Avenue).
A45.
ORDINANCE NO. 5844 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zonin9 map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2002-00072, 2761 West Ball Road)
(Introduced at the Council meeting held December 3, 2002, Item A2).
A46.
ORDINANCE NO. 5845 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2002-00083, 2110 East Winston Road)
(Introduced at the Council meeting held December 3, 2002, Item A3).
114 A47. Approve minutes of the Council meeting held December 3, 2002.
END OF CONSENT CALENDAR
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION:
A33.
Approve an agreement with Disneyland for the purpose of conducting the Disneyland
employee adult softball and basketball programs effective December 17, 2002 through
November 30, 2003.
Council Member Tait asked for clarification regarding the statement in the staff report that
Disneyland softball and basketball programs would not conflict with the youth sport scheduling.
Chris Jarvi, Community Services Director, responded that was correct.
Council Member Tait moved to approve item A33, seconded by Council Member McCracken.
Roll call vote: Ayes - 5, Mayor Pringle, Council Members McCracken, Tait, Hernandez and
Chavez. Noes- 0. Motion carried.
A34.
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the application for grant funds for the Maxwell Park
Expansion Project.
Mayor Pringle asked Mr. Jarvi to explain the details of the application.
Chris Jarvi explained that the application was to tie down funding that was set aside through
special legislation at the State legislature, a little over one million dollars, to make improvements
to the Edison right of way at Maxwell Park. He said the City had not tied down an actual
contract specifying the actual improvements, it was only to insure that the City use the money at
Maxwell Park. He noted it was not a standard bond act, discretionary allocation, this was
specifically targeted through special legislation for the site. He explained that the staff would
return at a future date with the actual development plan for the site. He remembered Mayor
Pringle's concern about the site being passive and he would like to see more active uses there.
He announced that staff would hold a workshop in the future to discuss that use.
Mayor Pringle asked what legislation specifically authorized the site.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 9
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Mr. Jarvi said it was a spot bill that authorized the site.
Mayor Pringle said at the end of the day it was not a spot bill, it was defined.
Mr. Jarvi said he would find out.
Mayor Pringle suggested it be continued. He said he felt the City had a need for sports active
youth facilities for youth and adults and if the City was going to ask the State to provide money
to address a need we should address a need.
Mr. Jarvi agreed, noting there were other considerations in the particular case, but it would be
discussed with Council relative to the library grant, there were improvements that needed to be
made. He explained there were two projects, side by side, and noted that the information was
not included in the staff report.
This item was continued.
A38. Adopt the City's 2003 Government Relations Program.
Mayor Pringle asked that the item be continued to January 7, 2003.
Council Member Chavez moved to continue Items A34 and A38 to January 7, 2003, seconded
by Council Member Tait. Motion carried.
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A48.
Consider the appeal of Verizon Wireless regarding the denial of the application for Right
of Way Construction Permit No. RCP2001-02823 for the installation of a cellular antenna
(5310 E. Nohl Ranch Road) (Continued from the Council meetings of August 20, Item
A36 and October 15, 2002, Item A31).
No action taken, this item was withdrawn by the appellant.
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A49.
Request for rehearing by owner, Jin S. Choi, regarding certain conditions placed on
approved Conditional Use Permit No. 2002-04570, Resolution No. 2002R-208
(Approved by Council at the public hearing held September 24, 2002, Item C3).
Mayor Pringle asked if the applicant or a representative of the applicant wished to speak,
hearing no one, Council Member McCracken moved to deny the application for a rehearing,
seconded by Mayor Pringle. Roll call vote: Ayes - 5, Mayor Pringle, Council Membem
McCracken, Tait, Hernandez, Chavez. Noes - 0. Motion carried.
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A50. Appoint one Council Member to serve as Mayor Pro Tern for one year.
Mayor Pringle nominated Council Member Tom Tait to serve as Mayor Pro Tern for the next
year.
Council Member McCracken nominated Council Member Bob Hernandez.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 10
Hearing no further nominations, Mayor Pringle moved to closed the nominations.
Roll call vote for Council Member Tait: Ayes - 3; Mayor Pringle, Council Member Tait and
Chavez. Noes - 2, Council Members McCracken and Hernandez. Motion carried.
Roll call vote for Council Member Hernandez: Ayes - 2; Council Members McCracken and
Hernandez. Noes - 3; Mayor Pringle, Council Members Tait and Chavez. Motion failed.
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A51. Consider appointing a citizen to serve on the Public Utilities Board for a term to expire
June 30, 2005 (Thomas J. Kirker's term).
Council Member McCracken requested the item be continued to January 7, 2003. Hearing no
objections, the item was continued.
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A52. Appointment to the Transportation Corridor Agencies Board of Directors, and an
alternate member.
Mayor Pringle nominated Council Member Hernandez. Hearing no other nominations, Mayor
Pringle closed nominations.
Roll call vote for Council Member Hernandez to serve on the Transportation Corridor Agencies
Board of Directors: Ayes - 5, Mayor Pringle, Council Members McCracken, Tait, Hernandez and
Chavez. Noes-0. Motion carried.
Council Member McCracken nominated Council Member Tait to serve as the alternate to the
Transportation Corridor Agencies Board of Directors.
Council Member Tait nominated Council Member Chavez and withdrew his name from
consideration.
Hearing no further nominations, Mayor Pringle closed the nominations. Roll call vote for Council
Member Chavez to serve as alternate: Ayes - 5; Mayor Pringle, Council Member McCracken,
Tait, Hernandez, Chavez. Noes - 0. Motion carried.
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A53. Appointment to the Orange County Water District Board of Directors.
Mayor Pringle nominated Council Member Chavez.
Council Member McCracken called a point of order and explained the current member on the
Orange County Water District was appointed for a term of four years and was in mid term. She
asked the City Attorney if another action was necessary.
City Attorney White said all members of the Boards and Commissions served at the pleasure of
the Council and could be removed at any time. He suggested the action could be to remove
and replace the incumbent with Council Member Chavez.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 11
Council Member Hernandez expressed his desire to continue the item to allow the person who
was currently serving in that position to resign and he so moved. Council Member McCracken
seconded his motion.
Mayor Pringle said he respected his opinion and motion and added that this was a vital
Commission and should be represented by Council Members.
Roll call vote to continue the item to January 7, 2003; Ayes - Council Members McCracken and
Hernandez. Noes - 3; Mayor Pringle and Council Members Tait and Chavez. Motion failed.
Mayor Pringle called for further nominations and hearing none, he closed the nominations.
Clarifying his statement regarding the removal and appointment to the Board, Mr. White said the
motion could be one action, the removal and replacement.
Mayor Pringle amended his motion to replace the currently serving member representing
Anaheim on the Orange County Water District Board with Council Member Richard Chavez.
Seconded by Council Member Tait. Roll call vote: Ayes - 3; Mayor Pringle, Council Member
Tait and Chavez. Noes - 1; Council Member Hernandez. Abstention: Council Member
McCracken. Motion carried.
Council Member Chavez thanked Irv Pickler for the years of service on the Orange County
Water District Board.
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A54. Appointment to the Orange County Sanitation District Board of Directors, and an
alternate member.
Mayor Pringle asked the City Attorney if the City had direct appointing authority on the
Sanitation Board or if the City's appointment was the Mayor or his direct appointee. City
Attorney White said he would have to research that, he did not have the act available.
Council Member McCracken interjected that the legislation had recently changed.
Mayor Pringle nominated Council Member McCracken to continue to serve on the Orange
County Sanitation District Board of Directors. Roll call vote: Ayes - 5, Mayor Pringle, Council
Members McCracken, Tait, Hernandez, Chavez. Noes - 0. Motion carried.
Mayor Pringle asked Council Member Hernandez to serve as alternate. No other nominations,
same is closed. Roll call vote: Ayes - 5, Mayor Pringle, Council Members McCracken, Tait,
Hernandez and Chavez. Noes - 0. Motion carried.
Items B1 throu.qh B2 From Zoninq Administrator Meetin.q of November 27, 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 DECEMBER
20, 2002:
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 12
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REPORTS AND RECOMMENDATIONS:
B1.
ADMINISTRATIVE ADJUSTMENT NO. 2002-00230
OWNER: Michael Way and Lilly Way, 813 N. Redondo Drive West
Anaheim, CA 92801
AGENT: J.R. Drukin, 7545 Katella Avenue, #44, Stanton, CA 90680
LOCATION: 813 North Redondo Drive West. Property is 0.16-acre, with frontage of
79 feet on the west side of Redondo Drive West, a maximum depth of 90 feet and is
located 130 feet north of the centerline of North Street.
Waiver of minimum rear yard setback to construct a family room addition to the rear of
an existing single-family residence in the RS-10,000 (Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative No. 2002-00230 approved (ZA2002-43).
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B2.
ADMINISTRATIVE ADJUSTMENT NO. 2002-00232
OWNER: Orange C. North, 2360 W. La Palma Avenue
Anaheim, CA 92803
AGENT: Western Pacific Housing Inc., 16940 Von Karman
Irvine, CA 92606
LOCATION: 950 North Gilbert Street and 2360 West La Palma Avenue. Property is
8.7-acre located at the southeast corner of Gilbert Street and La Palma Avenue.
Waiver of maximum fence height to construct a 7-foot high perimeter block wall along
the south and east property lines of a proposed 63-unit single-family residential
subdivision in the RS-A-43,000 (Residential, Agricultural) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2002-00232 approved (ZA2002-44).
179
Items B3 throuqh B6 From Plannin.q Commission Meetin.q of December 2, 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 DECEMBER 24,
2002:
B3.
VARIANCE NO. 2002-04540
CATEGORICALLY EXEMPT- CLASS 3:
OWNER: Samuel Rodriquez, 505 N. Rose Street
Anaheim, CA 92805
AGENT: Yenie Rodriquez, 505 N. Rose Street, Anaheim, CA 92805
LOCATION: 505 North Rose Street. Property is approximately 0.13-acre with a
frontage of 50 feet on the west side of Rose Street located 81 feet north of the centerline
of Sycamore Street.
Waiver of maximum fence height to retain and permit an existing 5-foot, 6-inch high
fence within the front yard setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2002-04540 denied (PC2002-173) (4 yes votes, Commissioners Boydstun,
Koos and Vanderbilt voted no).
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 13
179
179
179
B4.
BS.
B6.
CONDITIONAL USE PERMIT NO. 2001-04451
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Jill Richter, Richter Farms Trust
5505 Garden Grove Boulevard, Suite 150, Westminster, CA 92683
AGENT: Interpacific Asset Management, 5505 Garden Grove Boulevard, Suite 150,
Westminster, CA 92683
Jose Castallanos, J.C. Fandangos, 1086 N. State College Boulevard Anaheim, CA
92806
LOCATION: 1084 and 1086 North State Colleqe Boulevard. Property is
approximately 6.9 acres located north and east of the northeast corner of State College
Boulevard and La Palma Avenue (J.C. Fandango).
Reinstatement of this permit by the modification or deletion of a condition of approval
pertaining to a time limitation (approved on November 5, 2001 to expire November 5,
2002) to retain public entertainment and on-premises sale and consumption of alcoholic
beverages in conjunction with an existing restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Conditional Use Permit No. 2001-04451 for four years to
expire on November 5, 2006 (PC2002-174) (7 yes votes).
CONDITIONAL USE PERMIT NO. 2002-04625
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Gary A. Rudie, 10635 Equestrian Drive
Santa Ana, CA 92705
AGENT: George Cavanaugh, 1116 Calle Jazmin
Thousand Oaks, CA 91360
LOCATION: 2861 East Coronado Street. Property is approximately 0.9-acre with a
frontage of 132 feet on the north side of Coronado Street located 795 feet east of the
centerline of Blue Gum Street.
To permit a vehicle rental agency.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2002-04625 granted (PC2002-175) (7 yes votes).
CONDITIONAL USE PERMIT NO. 4097
AND NEGATIVE DECLARATION:
OWNER: Joel Saltzburg, 18022 Medley Drive, Encino, CA 91316
AGENT: Charles Perez, C&M Automotive
420 South State College Boulevard, Anaheim, CA 92806
LOCATION: 420 South State Colleqe Boulevard. Property is approximately O.4-acre
located at the northeast corner of State College Boulevard and Westport Drive (C&M
Automotive).
Reinstatement of this permit by the modification or deletion of a condition of approval
pertaining to a time limitation (approved on November 19, 2001, to expire December 31,
2002) to retain an automotive repair facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Conditional Use Permit No. 4097 for one year to expire on
December 31, 2003 (PC2002-176) (7 yes votes).
Negative Declaration previously approved.
REPORT AND RECOMMENDATION:
134
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 14
B7. GENERAL PLAN CONFORMITY NO. 2002-00022 - REQUEST TO DETERMINE
CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PROPOSED
175
ACQUISITION OF PROPERTY:
LSA Associates, Attn: Steven D. Ross, 2215 Fifth Street, Berkeley, CA 94710, requests
to determine conformance with the Anaheim General Plan for the proposed acquisition
of property for the construction of Southwest Middle School by the Placentia/Yorba Linda
School District. Property is located at 2875-2891 East La Jolla Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Conformity No. 2002-00022 determined to be in conformance with the
General Plan (7 yes votes).
6:00 P.M. PUBLIC HEARINGS:
C1.
RESOLUTION NO. 2002R-254 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM creating Underground District No. 47 (Ball Road/Harbor Boulevard).
Staff report was given by Robert Templeton, Utilities Department, who noted the project
completed a section between Anaheim Blvd. which was undergounded about five years ago and
a project that took place as part of the Anaheim Resort Area. He said the project was about
2,400 feet in length, it would underground both 12Kv and 69Kv electrical lines.
Mayor Pringle had left the dais and Mayor Pro Tem Tait opened the public hearing and hearing
no testimony, closed the hearing.
Mayor Pro Tem Tait offered the Resolution for adoption.
RESOLUTION NO. 2002R-254, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM creating Underground District No. 47.
Roll call vote: Ayes - 4; Mayor Pro Tern Tait, Council Members McCracken, Hernandez and
Chavez. Noes - 0. Temporarily absent - 1; Mayor Pringle. Motion carried.
175
C2. RESOLUTION NO. 2002R-255 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM creating Underground District No. 48 (Harbor Boulevard).
Staff report was given by the Robert Templeton, Utilities Department, who explained the project
on Harbor Blvd. between Ball Road and south of Broadway ran through a major north/south
corridor north of the Resort Area.
Mayor Pro Tern Tait opened the public hearing and hearing no testimony, he closed the hearing
and offered Resolution No. 2002R-255 for adoption.
RESOLUTION NO. 2002R-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM creating Underground District No. 48.
Roll call vote: Ayes - 4; Mayor Pro Tem Tait, Council Members McCracken, Hernandez and
Chavez. Noes - 0. Temporarily absent - 1; Mayor Pringle. Motion carried.
175
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 15
C3.
RESOLUTION NO. 2002R-256 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM creating Underground District No. 49 (Sunkist Street).
Staff report was presented by the Robert Templeton, Utilities Department, noting that this
District ran south of Ball Road, Winston Road, north to LaPalma Avenue through a residential
area about 12,000 feet in length.
Mayor Pro Tem Tait opened the public hearing and hearing no testimony, he closed the public
hearing and offered Resolution No. 2002R-256 for adoption.
RESOLUTION NO. 2002R-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM creating Underground District No. 49.
Roll call vote: Ayes - 4; Mayor Pro Tern Tait, Council Members McCracken, Hernandez and
Chavez. Noes - 0. Temporarily absent - 1; Mayor Pringle. Motion carried.
179
C4.
CONDITIONAL USE PERMIT NO. 3070
AND NEGATIVE DECLARATION:
OWNER: Paul Reynolds, Crescent Associates, P.O. Box 6028 Artesia, CA 90702
AGENT: Marty Zimmerman, AT&T Wireless
424 Bellflower Boulevard, #218, Long Beach, CA 90814
LOCATION: 301 North Crescent Way. Property is 1.3-acres having a frontage of 160
feet on the west side of Crescent Way located 110 feet north of the centerline of Penhall
Way.
Request to permit additional microwave antennas on an existing communications tower.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3070 approved for ten years to expire on October 7, 2012
(PC2002-157) (5 yes votes, Commissioner Vanderbilt voted no and Commissioner Koos
abstained).
Negative DecLaration previously approved.
(Informational item at the Council meeting of October 29, 2002, Item BB. Review of the
Planning Commission's decision requested by Council Member McCracken and former
Mayor Daly).
Executive Director Planning and Community Development, Joel Fick, presented the staff report.
He noted the conditional use permit was originally approved in 1988 for a 199 foot high
communications tower. He said currently the tower was entitled to hold up to 36 antennas, only
15 of which had been installed. The applicant was now requesting to add 65 additional
antennas to the 36 previously authorized for a total of 101. The new antennas would consist of
60 flat panel microwave dishes that would be two feet in diameter and five microwave di~he~
that would be four feet in diameter. The applicant had indicated that the facility was very unique
since it was not a single cell site but was a main switching facility that allows the entire regional
network of cell sites to communicate with each other. He noted the applicant had indicated that
this particular tower was originally constructed at this location in the 1980% to accommodate this
type of growth. Mr. Fick noted that since Planning and Council had encouraged stealth rather
than tower facilities, staff had worked closely with telecommunication providers to ensure their
antennas are screen as much as possible from public view and continued to encouraged
unscreened facilities to do the significant cumulative visual impact on the community on a
whole. Although this 199 foot tower was existing, he said they continued to have some
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 16
concerns about the 65 antennas being allowed for an extended period of time given the focus
staff has had to revitalize west Anaheim and to enhance the overall esthetic areas of the City.
He noted it was also in close proximity and visible from residential neighborhood to the west and
also within a quarter of a mile of a major commercial corridor and with the widening and
beautification of the I-5 freeway and Euclid Avenue interchange areas the site had become
more visible and the property was also in between two active redevelopment areas. Staff and
the Planning Commission were aware of the growing demands and needs of the
telecommunications industry and recommended, that given the rapid changes to the industry,
that a five year time limit be authorized with this application rather than the 10 years granted by
the Planning Commission. He said he thought the Commission approved the longer time period
noting that the tower itself was already a dominate feature on the skyline. He said the five year
time line would be consistent with the timing approved by Council and Planning Commission for
other cell sites and the applicant would have the opportunity at the end of the five years to ask
for additional time, demonstrating that there are no other solutions at that time for providing
service other than the large tower.
Council Member Tait announced that his firm had completed some engineering work for AT&T
Wireless in the past year and he declared a conflict of interest and left the dais.
Council Member Hernandez asked who would be responsible for oversight on Condition Nos.
10 and 17.
Mr. Fick said the Planning staff would ultimately confirm that that test did demonstrate
compliance with that condition.
Council Member Hernandez asked if the conditions had been met and Mr. Fick responded no,
they would need to be met prior to installation of the antennas. He added that the Fire
Department sat on the Interdepartmental Review Committee that reviews the items prior to
going to the Planning Commission.
Mayor Pringle opened the public hearing.
Marty Zimmerman with AT&T Wireless, said regarding the Orange County Communications,
they were looking at microwave transmissions, not cellular, and the issues that had come up
between the industry and public safety have been where they share the frequencies that are
near the cellular band. For what they were doing at this site with the microwaves, these were
highly directional in a totally different part of the spectrum. The chances of interference were
zero. With respect to the ten year terms that the Planning Commission gave, he said the
original recommendation was five years. He explained this switch was 40% of the electronic
brain that ran the AT&T network and in order for that brain to work, it had to communicate with
its parts in the field. Microwave technology had not evolved very much, that was something that
had been around for a long time and the idea of losing the antennas was very scary for AT&T.
They had in excess of $50 million invested in the site and they never wanted it to go down. He
informed that in five years, they would be asking for the antennas again and in ten years, they
would also be asking for the antennas. As for what the City accepted originally, the tower being
very big, he said if he was here today to ask for that tower, there would be a serious decision to
make. The tower was there, the big antennas had already been approved, the additional two
footers would not have much of a visual impact after everything else they had. He asked for
Council to give them the time and let them run the network as long as Council was comfortable
letting them do it.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 17
Council Member McCracken said Mr. Zimmerman was right, he probably would not get the
tower approved today. She said her concern was the length of time, technology had changed
for some microwave things. She voiced her concern that maybe AT&T would not be the
company in control, that was a reason for only a five year approval and the reason why the
Council had limited others to only five years.
Mr. Zimmerman noted that on cell sites, he had accepted the five years. He said AT&T did not
want to lose those sites either but if they did, they would lose coverage on a piece of road, some
houses, a few buildings. The issue before Council now was 40% of his network.
Esther Wallace, WAND, said they were concerned with the esthetics of the project. She asked
that Council approve the contact for only five years and with the way technology was going,
things could change drastically.
Hearing no further testimony, Mayor Pringle closed the public hearing.
Council Member McCracken moved to offer Resolution No. 2002R-257 and CEQA Finding,
Negative Declaration, with the condition that the term of the permit be approved for five years, to
expire December 17, 2007. Motion seconded by Council Member Hernandez.
Mayor Pringle noted that he felt there was legitimate argument to be made that the Planning
Commission's position allowing for 10 years was acceptable, but he would not vote to deny the
project for five years.
RESOLUTION NO. 2002R-257 A RESOLUTUION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving and amendment to certain conditions of approval in Conditional Use
Permit No. 3070 and amending Resolution No. PC96-64
Roll call vote: Ayes - 4; Mayor Pringle, Council Members McCracken, Hernandez and
Chavez. Noes - 0. Abstain - 1, Council Member Tait. Motion carried.
179
C5.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04601
AND NEGATIVE DECLARATION:
OWNER: Ball Road Corporation, 10701 Wilshire Boulevard, # 2204 Los Angeles, CA
90024
AGENT: B0tich Architects, 1240 South State College Blvd., Suite 110 Anaheim, CA
92806
LOCATION: 2823 West Ball Road. Property is approximately 0.57-acre having a
frontage of 110 feet on the north side of Ball Road located 328 feet west of the centerline
of Dale Avenue.
Request to permit a 30-unit affordable senior citizen's apartment complex with a density
bonus with waivers of: a) minimum building site area per dwelling unit, b) minimum
building setback, c) maximum structural height adjacent to a single-family residential
zone and d) maximum density bonus.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved, in part, approving waivers (a), (b) and (c) and
denying waiver (d) (7 yes votes).
Conditional Use Permit No. 2002-04601 granted (PC2002-152).
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 18
Negative Declaration approved.
(Informational item at the Council meeting of October 29, 2002, Item B3. Review of the
Planning Commission's decision requested by former Mayor Daly and former Council
Member Feldhaus).
Executive Director of Planning and Community Development, Joel Fick, presented the staff
report, noting that the application for a 16 unit apartment complex on this property was denied
by Council. The present application proposed to construct a three story, 26 unit, affordable
senior citizen project on the one half acre. He said the General Plan and Zoning Code allowed
up to 21 units on the parcel, plus additional five units for a density bonus that accommodates
the 26 units that were being proposed. The applicant was asking for three waivers in order for
the project to be approved as designed. He said the first pertained to minimum sight area per
dwelling unit which was solely related to the density bonus. The second waiver pertained to
the height of the building, while the Code allowed the height to be determined by the CUP
process, the maximum height adjacent to a single family zone was based upon the distance
between the building and the property line. In this case, he explained, the 34 foot high building
was only allowed to be 25 foot high because of the 50 foot setback. The third waiver pertained
to the setback adjacent to the commercial property to the east. He said based on the design
of the building, the Code required a 10 to 11 foot setback on the east property line and
although the building was set back that distance, there were some balconies that encroached
to about six and one half feet. He reported some of the quality features of the building
included an on site resident manager, first level parking garage for 28 parking spaces that was
more than required by Code, an indoor recreational facility, elevator service to the second and
third floors, enhanced architectural details on all sides of the buildings, construction of a new
block wall adjacent to the residences to the north, obscure glass windows on the second and
third story buildings to protect privacy of the neighbors and the Planning Commission
approved the CUP with several conditions to guarantee the quality and livability of the project.
They required final precise plans be reviewed by the Planning Department for landscaping,
signage, lighting and other improvements and with that, staff continued to recommend
approval of the project, he finalized.
Mayor Pringle opened the public hearing.
Phillip Schwartze, planner of the project, said in working with the staff, he believed two of the
waivers requested would go away. He noted that by making an adjustment on the building,
the encroachment on the building height issue would go away. The other waiver, the
balconies were relocated, making that issue go away also. He said the way the Code was
written, if a developer asked for a density bonus, that actually create a waiver because of the
number of units per square foot. He noted an opportunity to meet with the neighbors.
Esther Wallace, WAND, she said WAND preferred seeing the land go to the nearby church for
a parking lot. She said the requested 26 units were the same as 45 apartments to an acre and
the area was loaded with apartments. The residents wished to see open space there. She
noted there were 250 senior units being constructed in west Anaheim and that the City did not
have a list of all the senior units. She noted she was not against senior units, but that there
be a blend in the neighborhood.
Pat Kotter, WAND, explained the goals of WAND and explained the crowded parking
conditions of the neighborhood church. She said they did not need more apartments.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 19
Milton Nakano, member of the Orange County Buddhist Church, said he was concerned with
the increased density and increase in crime. He said the community surrounding the project
was impacted by high density apadments and he felt approval of this project would only make
it worse. The site was better suited for a parking lot, he felt.
Lloyd Lawry asked if there was parking on site and Mr. Fick responded yes, more than was
required. He said if people wanted a different use, they should buy the property.
Charles Bradley, WAND, explained the owner originally wanted to put in 16 apartments and
now they were proposing 26 apartments on .57 acres of land. He said there was no play area
in there. He said on item A45 on the agenda, they were proposing 23 affordable special need
apartments on .77 acres. He said the property was well suited for the church's additional
parking. He felt what west Anaheim needed was more single family units, not multi dwelling
units.
Reverend Marvin Herada, minister at the Orange County Buddhist Church, said when the
church was built, there were a lot of open fields in the area, that it was not built up. He said
he had concerns with the density of the area.
Mayor Pringle closed the public hearing.
Mayor Pringle asked Mr. Schwartz if two of the waivers would be removed. Mr. Schwartz said
with waivers B and C, they would return to the Planning Commission, waiver D was already
deleted. Waiver A could not be corrected.
Joel Fick said if Council approved the project, they could disapprove the two waivers and the
site plan that returns to the Planning Commission would have to conform with the Code.
Council Member McCracken noted that Council could not take action on someone wanting to
purchase the property and City Attorney White clarified that Council could not direct an owner
of property to sell his property to someone else for a different use. What was before Council
this date was the application for the apartment complex and that was all they were
considering.
Council Member McCracken offered approval of the CEQA Finding, Negative Declaration and
Resolution No. 2002R-258, denying waivers B and C. Motion seconded by Council Member
Chavez.
Council Member Chavez noted the tremendous need for housing, senior housing included.
RESOLUTION NO. 2002R-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
ANAHEIM granting Conditional Use Permit No. 2002-04601
Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken, Hernandez and
Chavez. Noes-0. Motion carried.
179
C6.
CONDITIONAL USE PERMIT NO. 2002-04612
CATEGORICALLY EXEMPT - CLASS 1:
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 20
OWNER: BEL AIR Enterprises, INC., 1300 Quail Street, Suite 108 Newport Beach, CA
92660
AGENT: Young Park, 2885 West Lincoln Avenue
Anaheim, CA 92801
LOCATION: 2885 West Lincoln Avenue. Property is approximately
1.5 acres located at the northeast corner of Bel Air Street and Lincoln Avenue (201 PC
BANG).
To permit and retain a computer rental and internet amusement (arcade) business.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2002-04612 granted for one year (PC2002-162) (4 yes
votes, Commissioners Bristol and Eastman voted no and Commissioner Bostwick
absent).
(Informational item at the Council meeting of November 5, 2002, Item B6. Review of the
Planning Commission's decision requested by former Mayor Daly and Council Member
McCracken).
Joel Fick, Executive Director of Planning and Community Development, provided the staff
report. He noted that the request was to permit a 1,280 square foot amusement business within
a multi-tenant commercial center. The use had existed at the location without benefit of a
Conditional Use Permit since April of 2000, who was originally licensed and approved for
computer service and support business rather than an internet amusement business. He said
they currently had 33 computer stations that were rented by the hour, open daily from noon to
2:00 AM and operated with two employees per shift plus a licensed security guard present from
9:00 PM to 2:00 AM. He explained the Planning Commission approved the applicant's request
for one year on the basis that there had only been one call for police service during the past
year and that action was related to lost or damaged property. The applicant agreed to reduce
the hours of operation and also agreed to the one year trial period under the conditions imposed
so that the Planning Commission could reevaluate the facility's effect on the center and
surrounding center at that time. Some of the noteworthy conditions imposed by the Planning
Commission included addressing the hours of operation, permitting minors in the establishment
during daytime hours during school days, and after 9:00 PM unless accompanied by a parent or
guardian, not allowing the further partitioning of interior public areas, installation of video
surveillance cameras and requiring at least one State licensed security guard during hours of
darkness. Staff and the Planning Commission evaluated the proximity of the business to
residential neighborhood because of the potential for late night disturbance from loud noise and
loitering, however, because of the problem free past history of the business at this location,
conditions imposed by the Commission and lack of opposition offered at the Plannin9
Commission meeting, staff concurred with the Commission's action of a one year approval.
Mayor Pringle opened the public hearing.
Paul Rianda represented the applicant, Young Park, stated the conditional use permit should be
granted because the community supported the continued operation of the business and there
were a number of conditions in the conditional use permit that should give comfort to the
community in regards to strengthening the restrictions on the business and the history showed
no complaints or police activity at the facility. He noted they had sent a packet of information
that day that showed the support of the community. Mr. Rianda said the owner had canvassed
the neighborhood area and obtained over 100 signatures supporting the project and the
issuance of the conditional use permit, of the signatures, 10 were of residents of Polk Avenue.
He explained that other cyber cafes have had problems, but this location had not. The business
had existed for over three years and had never had a police call for problems and no complaints
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 21
had been filed. At the Planning Commission hearing, he explained, there was no community
opposition to the conditional use permit. The CUP had 21 restrictions on the business, one of
which was the operating hours. He said currently the business operated until 2:00 AM every
night with no issues of loitering or noise and the proposed hours were only until 10:00 PM
during the week and until midnight during the weekend. He requested that the hours be until
midnight during the week and until 2:00 AM during the weekends, which would be in
conformance with the last conditional use permit issued for a PC cafb at 1602 Lemon Street. In
addition to those restrictions, he explained, there would be a security guard, extra employee,
security cameras, no alcohol, and no intoxicated persons allowed on the premises..
Kevin Torres spoke in support of the business and the owner.
Esther Wallace spoke in opposition because of the number, three, within a two mile radius.
She asked for a one year permit.
Pat Kotter agreed with Ms. Wallace's statements. She spoke about problems at other cafes.
Michael Klm spoke in support of the conditional use permit, noting that each business should be
judged individually.
Sunny Klm spoke in support of cyber cafes to assist students who do not have access to
computers.
Lloyd Lawry reflected on when the City had a number of pool halls and how the City closed
them if there were problems, which could be done with cyber cafes when there were problems.
Hearing no further testimony, Mayor Pringle closed the public hearing.
Council Member McCracken asked what the hours of operation were when they were operating
without a permit.
Executive Director Fick said until 2:00 AM.
Council Member McCracken noted that two of the three approved cafes were able to operate
until 4:00 AM on Friday and Saturday, one until 2:00 AM. She wondered why the hours were
inconsistent.
Director Fick responded that there were two reasons, one being the growing concern about
cyber cafes countywide and secondly, depending on the location, there were different concerns.
He noted this particular caf6 had residential to the north so later operating hours could bring
problems. If the permit was approved, it would be a land use entitlement that would be granted
with the property and the next owner may or may not be as diligent as the current owner.
Council Member McCracken asked why the reduction in hours of operation until mid-night and
Mr. Fick answered because of the proximity of the location to the residential land uses.
Council Member McCracken noted that the residents of Polk Avenue, directly behind the
business, had no concerns or complaints about the business.
Executive Director Fick said the applicant was agreeable to the conditions placed by the
Commission.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 22
Council Member McCracken suggested that the business be allowed to operate until 2:00 AM
on weekends and midnight during the week.
Council Member McCracken moved to approve the CEQA finding, Negative Declaration and
offer Resolution No. 2002R-258 for approval with the operating hours being until 2:00 AM during
the weekends and midnight during the week. Motion seconded by Council Member Tait.
RESOLUTION NO. 2002R-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM granting Conditional Use Permit No. 2002-04612 for a period of one year, to expire
December 17, 2003.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken, Hernandez and
Chavez. Noes-0. Motion carried.
179
C7.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3939
AND NEGATIVE DECLARATION:
OWNER: ALL AMERICAL PETROLEUM Corp.
301 S. Anaheim Boulevard, Anaheim CA 92805
AGENT: Jerry Zomorodian, 25105 Mustang Drive
Laguna Hills, CA 92653
LOCATION: 301 South Anaheim Boulevard. Property is approximately 0.93-acre
located at the southwest corner of Broadway and Anaheim Boulevard (ARCO Service
Station)
To amend previously-approved exhibits and conditions of approval pertaining to signage
(to permit and retain 2 unpermitted wall signs, modify 1 existing wall sign, modify 6
existing informational signs and construct 2 directional signs), and to modify conditions
of approval pertaining to hours of operation and operational conditions pertaining to the
convenience market with fast food and the retail sales of beer and wine in connection
with a previously-approved service station with a full-service car wash with fast food with
waiver of permitted sign copy for freestanding entrance or exit signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (4 yes votes, Commissioners Boydstun and
Vanderbilt voted no and Commissioner Bostwick absent).
Amendment to Conditional Use Permit No. 3939 approved, in part, approving the car
wash sign on the north elevation of the car wash building and denying all other
requested sign modifications, denying request to extend hours for sale of beer and wine
and denying request for sale of single containers of beer and wine coolers (PC2002-
160).
Negative Declaration previously approved.
Informational item at the Council meeting of November 5, 2002, Item B4. Planning
Commission's decision appealed by agent, Jerry Zomorodian).
Council Member Tait declared a conflict of interest and excused himself from the dais.
City Clerk Schroeder announced that Council had received correspondence that date noting the
applicant had removed his request to modify the CUP for single sales of beer. The appeal
regarding the signage and hours of operation was still pending.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 23
Mayor Pringle noted he had participated in work for Atlantic-Richfield in Atlanta and the City
Attorney ruled there was no conflict.
Executive Director of Planning and Community Development, Joel Fick, presented the staff
report. He explained that the conditional use permit was originally approved by Council in 1997
for a 24 hour service station with a drive through car wash and two fast food restaurants and a
convenience mart with retail sales of beer and wine. He added that there were numerous
conditions imposed to insure quality appearance of the facility and to ensure that the operation
would not be detrimental to the neighborhood. In 1998, the conditions of approval were
modified to increase the hours that beer and wine could be sold and to also approve specific
signage and in 2000, the CUP was amended to allow for conversion to a full serve car wash and
the addition of an outdoor detail area. He summarized that the applicant, for this amendment,
requested three additional changes to the CUP; increasing the hours that beer and wine could
be sold, eliminating the condition that prohibits the sales of individual containers, numerous
changes to the previously approved signage program to allow the additional signage that the
applicant had already installed. Mr. Fick said the Planning Commission, based on the
information that they had at their hearing, denied both of the alcohol requests due to concerns
by the Police Department and all but one of the proposed signs since the approval of the
applicant's request they felt would create an un-level playing field between this property and the
other service stations that had been approved in recent years. Since the Planning Commission
meeting, he reported, progress had been made on two of the three items. Based upon the
continued review of crime statistics and business operations, the Police Department withdrew
it's objection to the applicant's request to sell beer and wine two hours earlier and staff
recommended approval of that item. Additionally, the applicant withdrew the request to sell
individual containers of beer and wine so that item was no longer under consideration, he
informed. The third element was the request for additional signage and Mr. Fick reviewed
photos A through J of the signage on the property and the requested changes.
Mr. Fick reported that Planning strived for fairness in applying the same requirements Citywide
so that there was equity between like businesses that apply for new entitlements and so that no
business receives an unfair advantage. He added that based on discussions that had already
taken place, staff expected that other businesses would view additional signs approved for this
property as being appropriate for theirs or a precedent or benchmark, a similar request was
pending before Planning Commission for a nearby service station with a convenience market
and car wash that has requested a continuance pending the outcome of this request.
Mr. Fick concluded by saying staff recommended three items be considered for approval in
addition to all the existing uses and sign entitlements on the site; the sign above the car wash
tunnel, exhibit F; the six signs referenced on exhibit D that do not have orientation to the street,
and the change in operating hours to sell beer and wine from 6:00 AM to 2:00 AM as requested.
Since the level of signage requested by the applicant was excessive compared to other
approved service stations as well as new service stations constructed outside the City, Mr. Fick
said staff recommended Council accept the applicant's withdrawal of the single container
request and also uphold the spirit of the Planning Commission's decision by denying the
balance of the new signs and sign modifications.
Council Member Hernandez asked how many permits were requested for signs and Mr. Fick
answered that he could not answer for certain, this was the third major blanket request that had
come before the Planning Commission and Council which had included variations of signs with
each request.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 24
Council Member Hernandez wondered what the applicant's total cost of sign permit fees had
been.
Mr. Fick did not know, but would find out for Council Member Hernandez.
Council Member Hernandez wished to continue the hearing, stating he was curious to know
what the applicant had paid in permit fees and what he was getting for those fees.
Mr. Fick clarified that the majority of signs Council saw at this hearing had not received permits,
no fees had been paid because they had been installed without the benefit of seeking a permit.
Mayor Pringle mentioned the $1,300 fee the applicant paid when cited for having signs that
were not permitted and all the signs would then be included in his application, fee would be the
same whether he applied for one modification or 20. He asked how many times the applicant
had applied to amend the CUP and Mr. Fick said this was the fourth time. He said the cost for
the last filing was about $900.
Council Member McCracken asked what the last amended request was for and Mr. Fick said it
was originally approved in 1997, in 1998 there was a request to increase the hours of beer and
wine sale, in 2000, the CUP was amended again for conversion to the full service car wash.
Council Member Hernandez said the denial was based on the signs being repetitive or un-
necessary. He noted his concerns about the repetition of signs, adding that he wondered if the
City was being too restrictive on the approach to competitive signs. He stated his desire to
continue the hearing to allow more exploration.
Mayor Pringle opened the public hearing.
Jerry Zomorodian, owner, withdrew his request for the condition to have single sales of beer.
Regarding his request for signage, he said five years ago when he purchased the property, it
was an eyesore and he cleaned it up. In 1997, he said he was granted a CUP and in 1998,
2000 and 2002 he applied for a change. He said he believed he had all the signs permitted
except the 5 foot by 5 foot sign on the east side of the building and the sign for entry and exit
which was permitted by court. He felt the public hearing was necessary to interpret the
resolution of the previous CUP. He wished to address each sign and it's permit.
Mayor Pringle said he thought it would be a good idea to continue the issue until January 7,
2003 so staff and Council could look into the issues.
Council Member Hernandez moved to continue Conditional Use Permit No. 3939 to January 7,
2003, seconded by Mayor Pringle. Motion carried unanimously.
Report on Closed Session Actions:
Jack White, City Attorney, had announced previously in the meeting that Council unanimously
approved a Memorandum of Understanding with the City of Yorba Linda concerning
construction of the Burlington Northern Santa Fe Soundwall project and it was noted that the
City of Yorba Linda would be considering the same at their Council meeting this date.
Council Communications:
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 17, 2002
PAGE 25
Council Members expressed their wishes for a happy holiday season.
Council Member Hernandez noted the passing of retired Fire Captain Howard Kelly and
recommended taking steps to recognize those members of City staff that had given long,
faithful service.
Council Member Tait suggested that the meeting be adjourned in memory of Fire Captain
Howard Kelly.
Mayor Pringle spoke about the celebration for the retiring Council and swearing in of new
Council Members and said that he thought that some of the activities could come out of Council
pockets or campaign treasuries and with the present campaign laws that were in place in the
City, to create what was known as an office holder account was very limited. He noted that from
his State service, leftover campaign dollars could be used for certain types of expenditures
through the course of serving in office. He asked the City Attorney explore how Council could
have the ability to have an office holder account that would not be used for campaign purposes
and would be used to directly pay for certain things without asking taxpayers to pay for them.
He asked to have a discussion in the future regarding the matter.
Adjournment:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting in honor of retired Fire Captain Howard Kelly at 8:30 P.M.
Respectfully submitted:
Sheryll Schroeder, CMC
City Clerk