2004/10/26
ANAHEIM, CALIFORNIA - CITY COUNCIL
ADJOURNED REGULAR MEETING
OCTOBER 26, 2004
The City Council of the City of Anaheim met in adjourned regular session at 4: 12 P.M. in the
Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The Notice of
Adjournment was posted at 3:00 P.M. on October 26, 2004 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of
quorum.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, and
Shirley McCracken
ABSENT: Council Member Tom Tait
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk
Sheryll Schroeder
A copy of the agenda for the meeting of the Anaheim City Council was posted on October
22,2004 at the City Hall outside bulletin board.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS: None
CLOSED SESSION:
At 4:13 P.M., Mayor Pringle recessed to Closed Session for the following purposes:
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Dave Hill
Employee organization: Teamsters, Local 952
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Name of case: Travelers Indemnity Company of Illinois v. City of Anaheim, Orange
County Superior Court Case No. 03CC13790.
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation
of litigation pursuant to subdivision (c) of Government Code Section 54956.9)
Number of potential cases: one.
At 5:11 P.M., Mayor Pringle reconvened the regular Council session.
INVOCATION:
Senior Fire chaplain Rossington, Anaheim Fire Department
FLAG SALUTE
Council Member Chavez
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 2
ACCEPTANCE OF OTHER RECOGNITIONS:
Proclaiming November 1 -7,2004, as Key Club Week. Proclamation accepted by
Gary Green, President of Kiwanis Club of Greater Anaheim and sponsor of six key
clubs in Anaheim high schools.
Proclaiming November 9, 2004, as Veterans Day Commemoration in Anaheim.
Proclamation accepted by John Mile, representing Anaheim Veterans, announcing
the commemoration event to be held November 9th at the downtown community
center at noon.
TO BE PRESENTED AT A LATER DATE:
Proclaiming November 8 - 26,2004, as Annual Employees' Charities Campaign.
Proclaiming October 2004, as LULAC Senior Citizens Month.
ADDITIONS/DELETIONS TO THE AGENDA: The property owner for Item 810 requested
the public hearing be continued to November 9, 2004 and staff requested continuation of
Items 83 and 86 to November 16, 2004.
Item A8 was corrected to reflect the word "Charter" in place of the words "Municipal Code".
Mayor Pringle offered Council Member Tail's apology for this and his previous absences
explaining Council Member Tait was unable to attend the Council meeting due to an
unforeseeable and unavoidable court case his company was involved in out of state, but
anticipated being present for the November 9th and November 16th sessions which would
complete his term on the Anaheim City Council. The Mayor, therefore, announced Item 89
which needed full Council consideration to break an earlier tie vote, would be continued to
the November 9, 2004 Council meeting.
PUBLIC COMMENTS:
James Robert Reade related Police Department concerns.
Lucille Kring, candidate for Anaheim City Council, offered her vision for the City as a potential
Council member.
William Fitzgerald, Homeowners Maintaining their Environment, related fireworks pollution
concerns.
Alma Ramirez supported Republican candidates for the November election.
CONSENT CALENDAR:
Council Member Hernandez moved approval of Consent Calendar Items A1- A17, seconded
by Council Member Chavez to waive reading in full of all ordinances and resolutions and to
approve the following in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 3
- 4; Mayor Pringle, Council Members: Chavez, Hernandez, and McCracken. Noes - O.
Absence - 1; Council Member Tait. Motion carried.
A 1. Reject certain claims filed against the City.
C118
A2. Receive and file the Investment Portfolio Report for the month of September 2004;
B 105 minutes of the Deferred Compensation Committee meetings held April 14, 2004,
July 14, 2004 and September 8, 2004; minutes of the Investment Advisory
Commission meetings held May 18, 2004 and August 19, 2004; minutes of the
Workforce Investment Board meeting held June 10, 2004; minutes of the Public
Library Board meeting held August 9, 2004 and September 13, 2004; minutes of the
Golf Commission meeting held August 26, 2004; and minutes of the Public Utilities
Board meeting held September 2, 2004.
A3. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the
0180 Purchasing Agent to issue a purchase order to Class Software Solutions, Ltd., in the
amount of $194,274 (plus tax), for a class registration and facility scheduling system
for the Community Services Department and to exercise annual renewal options for
the maintenance and support of the system.
0150 Authorize the Community Services Director to execute all related documents with
Class Software Solutions, Ltd that may be necessary for the implementation of the
system.
A4. Authorize the Purchasing Agent to issue a purchase order to Quinn Power Systems
0180 Associates, Inc., in the amount of $174,651 (plus tax), for one 800 kilowatt trailer-
mounted portable generator set in accordance with Bid #6485.
A5. Accept the low bid and authorize the execution of an agreement with Fujitec
2882 America, Inc., in an amount not to exceed $250,000, for elevator/escalator
maintenance and repair for a period of one year with four one-year optional
renewals and authorize the Purchasing Agent to exercise the renewal options in
accordance with Bid #6536.
A6. Accept the low bids of San Dieguito Printers, in amounts not to exceed $128,400
0180 and $68,774 (including applicable tax), for the printing of the Anaheim Magazine
and the Community Services Activity Guide for a one year period and authorize the
Purchasing Agent to exercise up to four one-year optional extensions in accordance
with Bids #6539 and 6540.
A7. Award the contract to the lowest responsible bidder, J. Fletcher Creamer & Son,
3240 Inc., in the amount of $296,121.10, for the Harbor Boulevard Water Main Relining
Project and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
A8. Determine that it is in the City's best interest to convey City-owned surplus land to
P110 the adjoining land owner, Servite High School, and approve an agreement and
Grant Deed in consideration of payment equal to the fair market value of the City's
surplus land, pursuant to Anaheim Charter Section 1222.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 4
Revision made. Anaheim Municipal Code Section 1222 revised to Anaheim "Charter"
Section 1222.
A9. Approve and authorize the Public Utilities General Manager to execute an
2878 agreement with Shahnawazahmad, dba SA Associates, in the amount of $130,000,
to provide consulting engineering services in connection with the Brookhurst
StreeVKatella Avenue Water Main Replacement Project.
A10. RESOLUTION NO. 2004-208 RESOLUTION OF THE CITY COUNCIL OF
0154 THE CITY OF ANAHEIM amending Resolution No. 2000R-128 which established
rates of compensation for job classifications designated as Police Safety
Management.
A 11. RESOLUTION NO. 2004-209 RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets,
highways and easements (Abandonment No. ABA2004-00092, 384 and 388
Ramsgate Drive).
A12. RESOLUTION NO. 2004-210 RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets,
highways and easements (Abandonment No. ABA2004-00093, 6419 E. Via
Arboles).
A 13. RESOLUTION NO. 2004-211 RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets,
highways and easements (Abandonment No. 2004-00094, 384 Ramsgate Drive).
A14. ORDINANCE NO. 5946 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal code relating to zoning (Reclassification No. 2004-00125, 2040 South
Haster Street) (Introduced at the Council meeting of October 19, 2004, Item A 18).
A15. ORDINANCE NO. 5947 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim
Municipal Code relating to appeals (Introduced at the Council meeting of October
19,2004, Item A20).
A16. ORDINANCE NO. 5948 (INTRODUCTION) AN ORDINANCE OF THE CITY
C280 OF ANAHEIM amending Title 18 of the Anaheim Municipal Code relating to the
Platinum Triangle (Zoning Code Amendment No. 2001-00035).
A 17. Approve minutes of the Council meeting held October 19, 2004.
D114
END OF CONSENT CALENDAR
A 18. Consider appointing a member to serve on the Housing and Community
B105 Development Commission, representing the South Neighborhood Council, term to
expire June 30, 2006.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 5
APPOINTMENT:
Council Member McCracken indicated she had an applicant interested in serving on the
Commission who was unable to do so as the meeting time conflicted with her work
schedule. Providing background on his comments, the Mayor stated, at Council's direction,
staff had requested the various boards and commissions to reconsider their meeting times
to allow for maximum public participation resulting in some of the boards changing their
schedules, although, the Housing and Community Development Commission had
considered but rejected the request. The Mayor then requested staff to ask the Housing
and Community Development Commission to reconsider changing the meeting time from
4:00 P.M. to a later time to allow individuals who worked from 8:00 A.M. to 5:00 P.M. to be
able to participate. He further requested staff to contact the boards and commissions which
still meet during normal working hours and ask they revisit rescheduling their regular
meetings. Additionally, as a follow-up to this request, Mayor Pringle asked for a meeting
with the City Manager in one to two months to consider boards and commissions scheduled
meetings times.
With no objection from Council, this item was continued to November 9,2004.
A 19. Consider appointing a member to serve on the Park and Recreation Commission to
B105 complete the unexpired term of Laurie Beighton, term to expire June 30, 2006.
APPOINTMENT:
Mayor Pringle nominated Samantha Navarro, and with no other nominees presented, Ms.
Navarro was unanimously appointed.
5:30 P.M. Public Hearinas:
Council Member Hernandez moved to continue Items 83 and 86 to November 16, 2004 and
Items 89 and 810 to November 9,2004; seconded by Council Member Chavez. Roll Call
vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Hernandez and McCracken.
Absence - 1; Council Member Tait. Motion Carried.
Mayor Pringle pointed out that Items B 1 through 88 were related to one project and the
presentation by Public Works staff would encompass all the items, although each item would
hold a separate hearing for the purposes of the property owner or representative to
comment.
Natalie Meeks, Public Works Department, stated Items 81 through 88 were public hearings
to consider acquisition by eminent domain of certain property interests for the State College
Boulevard and Ball Road Intersection Improvement Project. The proposed project, she
reported, would improve the intersection providing three north and southbound thru-Ianes,
dual north and southbound left turn lanes and associated parkways and sidewalk
improvements as well as traffic signal upgrades. The proposed improvements, she
indicated, would also provide medians for traffic safety and in conformance with the State
College Boulevard Master Plan which would be made part of the record of the hearings. The
proposed project would improve traffic capacity through the intersection improving the level
of service from E to C. Additionally, Ms. Meeks reported, the project had been
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 6
environmentally cleared through a Negative Declaration approved by Council on October 28,
2003.
She remarked the City's consultant, Katz, Okitsu and Associates, had provided traffic
analysis and a study of alternatives for the State College median in February with the
proposed project recommended for intersection capacity and safety reasons. Ms. Meeks
provided an overhead which detailed the precise alignment for the project as well as a plan
of a composite map showing a portion of a separate project to the north which was already
awarded with construction scheduled for January 2005. The composite map was provided to
show the ultimate median configuration on State College. Ms. Meeks confirmed the
proposed project would not require the demolition of any structures; however, one building
would be modified to relocate the secondary exit. Temporary construction easements were
included in the acquisitions to accommodate the building modification and to accommodate
the relocation of signage, utilities, and joint existing improvements as required. She
confirmed the proposed project was scheduled for award of construction in June, 2005 as
required by the grant funding the project.
In addition, commented Ms. Meeks, acquisition offers had been made to the property
owners, with copies of offer letters and notices for this hearing included in the staff reports for
each of the properties. The City's acquisition consultant had been in direct contact and had
negotiated with the property owners on numerous occasions and would continue that
process regardless of the outcome of the hearings. Ms. Meeks indicated the City had
received two letters from the law firm of Palmieri Tyler et al representing the property owners
of 1177 and 1189 South State College and one letter from Carl's Jr. objecting to the
proposed design. She also stated the City's condemnation counsel had drafted response
letters to both of the Palmieri Tyler letters which were included as part of the record for these
proceedings. The representative for Carl's Jr. at 1189 South State College and the property
owner, Mr. Heinz, had also been in contact with staff throughout the acquisition process,
including a meeting which occurred on September 14, 2004. Mr. Heinz had provided certain
traffic count information which staff reviewed with Katz, Okitsu and Associates. She
explained staff and the consultant had attempted to address the property owners' concerns,
however, Mr. Heinz had requested the direct left turn access be retained from northbound
State College to the Carl's Jr. property. She noted that currently there was no designated left
turn lane at this location but there was likewise no median or other physical barrier that
prevented traffic movement. The proposed plan, stated Ms. Meeks, would require
northbound traffic to travel approximately 445 feet past the location of Carl's Jr. and make a
U-turn at Clifpark Way. Staff reviewed the owner's information and Katz, Okitsu and
Associates had provided a supplemental traffic engineering study dated October, 2004 which
had been provided to the attorney for the property at 1189 and 1177 South State College
Boulevard and would also be made a part of the record of the hearing. The consultant, she
reported, recommended keeping the project as it was currently configured for traffic flow and
safety reasons. Based on all the available information, Ms. Meeks noted, staff determined
that retaining the left turn would not provide a safe configuration for the roadway. Ms. Meeks
ended with the statement that although staff recommended the City move forward with the
acquisition proceedings to insure possession of the property to meet the requirements of the
grant, staff would continue to work with each of the property owners and attempt to reach
settlement.
Mayor Pringle confirmed that in each of the hearings, Council would hear testimony from the
owner of record or designated representative for the property which was the subject of the
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 7
hearing and testimony in each hearing would be limited to five issues only: 1) whether the
public interests and necessity require the project, 2) whether the project was planned and
located in a manner that would be most compatible with the greatest public good and least
private injury, 3) whether the property sought to be acquired was necessary for the project, 4)
whether the offer required by Government Code Section 7267.2 had been made by the
owner or owners of record and 5) whether the City had met all other prerequisites to the
exercise of eminent domain in connection with the property.
B1. A public hearing to consider a resolution determining the public interest and necessity
P121 of property located at 1198 South State College Boulevard (R/W ACQ2003-00144).
RESOLUTION NO. 2004-212 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition
of portions of property located at 1198 South State College Boulevard for the
purposes of the State College Boulevard and Ball Road Intersection Improvement
Project (R/W ACQ2003-00144)+.
Mayor Pringle opened the public hearing for Item B1 and invited the owner or representative
of the property owner located at 1198 South State College Boulevard to address the Council.
With no testimony offered, Mayor Pringle closed the hearing.
Council Member Hernandez moved to approve Resolution No. 2004-212, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and
necessity for acquisition of portions of property located at 1198 South State College
Boulevard for the purposes of the State College Boulevard and Ball Road Intersection
Improvement Project, seconded by Council Member Chavez. Roll Call vote: Ayes - 4, Mayor
Pringle. Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence - 1 ;
Council Member Tait. Motion Carried.
B2. A public hearing to consider a resolution determining the public interest and necessity
P121 of property located at 1168 South State College Boulevard (R/W ACQ2003-00145).
RESOLUTION NO. 2004-213 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition
of portions of property located at 1168 South State College Boulevard for the
purposes of the State College Boulevard and Ball Road Intersection Improvement
Project (R/W ACQ2003-00145).
Mayor Pringle opened the public hearing for Item B2 and invited the owner or representative
of the property owner located at 1168 South State College Boulevard to address the Council.
With no testimony offered, Mayor Pringle closed the hearing.
Council Member Chavez moved to approve Resolution No. 2004-213, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and
necessity for acquisition of portions of property located at 1168 South State College
Boulevard for the purposes of the State College Boulevard and Ball Road Intersection
Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4,
Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence
- 1; Council Member Tait. Motion Carried.
B3. A public hearing to consider a resolution determining the public interest and necessity
P121 of property located at 1200 South State College Boulevard (R/W ACQ2003-00146).
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 8
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 1200 South State College Boulevard for the purposes
of the State College Boulevard and Ball Road Intersection Improvement Project (R/W
ACQ2003-00146).
Item B3 was continued to November 16, 2004.
B4. A public hearing to consider a resolution determining the public interest and necessity
P121 of property located at 1210 South State College Boulevard (RIW ACQ2003-00147).
RESOLUTION NO. 2004-214 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM determining the public interest and necessity for
acquisition of portions of property located at 1210 South State College Boulevard for
the purposes of the State College Boulevard and Ball Road Intersection Improvement
Project (RIW ACQ2003-00147).
Mayor Pringle opened the public hearing for Item B4 and invited the owner or representative
of the property owner located at 1210 South State College Boulevard to address the Council.
With no testimony offered, Mayor Pringle closed the hearing.
Council Member McCracken moved to approve Resolution No. 2004-214, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and
necessity for acq uisition of portions of property located at 1210 South State College
Boulevard for the purposes of the State College Boulevard and Ball Road Intersection
Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4,
Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence
- 1; Council Member Tail. Motion Carried.
B5. A public hearing to consider a resolution determining the public interest and necessity
P121 of property located at 1235 South State College Boulevard (RIW ACQ2003-00150).
RESOLUTION NO. 2004-215 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition
of portions of property located at 1235 South State College Boulevard for the
purposes of the State College Boulevard and Ball Road Intersection Improvement
Project (RIW ACQ2003-00150).
Mayor Pringle opened the public hearing for Item B5 and invited the owner or representative
of the property owner located at 1235 South State College Boulevard to address the Council.
With no testimony offered, Mayor Pringle closed the hearing.
Council Member Chavez moved to approve Resolution No. 2004-215, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and
necessity for acquisition of portions of property located at 1235 South State College
Boulevard for the purposes of the State College Boulevard and Ball Road Intersection
Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4,
Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence
- 1; Council Member Tail. Motion Carried.
B6. A public hearing to consider a resolution determining the public interest and necessity
P121 of property located at 1199 South State College Boulevard (RIW ACQ2003-00151).
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 9
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 1199 South State College Boulevard for the purposes
of the State College Boulevard and Ball Road Intersection Improvement Project (R/W
ACQ2003-00151 ).
This item continued to November 16, 2004.
B7. A public hearing to consider a resolution determining the public interest and necessity
P121 of property located at 1189 South State College Boulevard (R/W ACQ2003-00152).
RESOLUTION NO. 2004-216 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition
of portions of property located at 1189 South State College Boulevard for the
purposes of the State College Boulevard and Ball Road Intersection Improvement
Project (R/W ACQ2003-00152).
Mayor Pringle opened the public hearing for Item B7 and invited the owner or representative
of the property owner located at 1189 South State College Boulevard to address the Council.
Mayor Pringle also noted that Council had received two letters of objection to the adoption of
the resolution; one from Patrick Hennessey, dated October 18th and one from Larry T.
Young, dated October 22, on behalf of Carl Karcher Enterprises, Inc. Council also received
a copy of the letter from David Cosgrove dated October 21 5t responding to the Hennessey
letter and each of the letters would be entered into the record for the hearing.
Carl Heinz, property owner of 1189 South State College Boulevard, stated he was a resident
of Anaheim since 1917 and had been in the fast food business over 50 years with
considerable knowledge of traffic flow as it related to the fast food business. He explained
the City was proposing to acquire a portion of the frontage and install a raised median from
Ball Road north to Clifpark Way, eliminating the left turn onto his property to access Carl's Jr.
Restaurant and eliminating the U-turn at Almont Avenue as well. He pointed out he had
conducted a one-week traffic survey between the hours of 6:00 A.M. and 3:00 P.M. and
confirmed that of his customers coming from the south, 37.53 percent made a direct left-
hand turn into the property and 9.33 percent made a U-turn at Almont Avenue for a total of
46.8 percent of his customers coming from the south. Mr. Heinz believed the proposed
median would result in the loss of 50 percent of Carl's Jr's. revenue, which impacted his
income as well as that of restaurant, as his lease was based on sales. He also felt the
proposed project would devalue his property by making it a marginal site for a fast-food
service and result in an uncertain renewal of the lease.
Mr. Heinz indicated the current configuration allowing for a left turn into his property had
been in effect since 1971, when the restaurant had been built and when a State permit was
obtained for cutting back the median by 25 feet so that a left turn could be made into the
property and that the U-turn at Almont was in effect at that time as well. He also pointed out
Anaheim Police Department records indicated that since January, 1997 through August,
2004, a minimal amount of accidents had occurred at the left turn into the property, one in
every 13.14 months, which was considerably less than those occurring at Clifpark Way which
averaged an accident every 4.64 months. He felt the proposed median could be narrowed to
safely allow for a left turn pocket into Carl's Jr. and urged Council's consideration of that
alternative as the current plan would greatly affect the viability of the restaurant business.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 10
Mayor Pringle confirmed through Ms. Meeks that the purpose of the project was to increase
the traffic flow and address the impact of that traffic on State College Boulevard by adding a
lane in each direction. Ms. Meeks stated it would also add an additional left turn lane. The
Mayor also confirmed that where the current left-turn pocket was located, instead of one left-
hand turn lane and two thru-Ianes, there would be two left-hand turn lanes and three thru-
lanes for a total of five lanes of traffic raising safety concerns which staff and the traffic
consultant reviewed and considered.
Marty Steelman, General Manager of Carl's Jr. at 1189 South State College Boulevard,
reported the facility employed an average of 26 crew persons with last year's payroll
reaching $298,000 and this year's payroll on track to be over $300,000. He stated if the
median was installed preventing a left-hand turn, it was conceivable that it could cost a loss
of 50 percent of sales, resulting in a loss of jobs. He emphasized the business had been a
valuable resource for the City of Anaheim, its schools, residents and tourists for much of the
last 30 years and asked for Council's assistance.
With no other testimony offered, Mayor Pringle closed the hearing.
Council Member Chavez moved to approve Resolution No. 2004-216, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and
necessity for acquisition of portions of property located at 1189 South State College
Boulevard for the purposes of the State College Boulevard and Ball Road Intersection
Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4,
Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence
- 1; Council Member Tait. Motion Carried
B8. A public hearing to consider a resolution determining the public interest and necessity
P121 of property located at 1177 South State College Boulevard (R/W ACQ2003-00153).
RESOLUTION NO. 2004-217 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition
of portions of property located at 1177 South State College Boulevard for the
purposes of the State College Boulevard and Ball Road Intersection Improvement
Project (R/W ACQ2003-00153).
Mayor Pringle opened the public hearing for Item B8 and invited the owner or representative
of the property owner located at 1177 South State College Boulevard to address the Council.
The Mayor reported Council had received a letter of objection dated October 18, 2004 from
Patrick Hennessey on behalf of Antonio and Josephine Presutto, trustees and a copy of the
letter from David Cosgrove dated October 26 responding to the Hennessey letter both of
which would be entered into the record for this hearing.
With no public testimony offered, Mayor Pringle closed the hearing.
Council Member McCracken moved to approve Resolution No. 2004-217, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and
necessity for acquisition of portions of property located at 1177 South State College
Boulevard for the purposes of the State College Boulevard and Ball Road Intersection
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 11
Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4,
Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence
- 1; Council Member Tail. Motion Carried
B9. CONTINUED PUBLIC HEARING:
C220 WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2004-04857
AND NEGATIVE DECLARATION:
Owner: John Lee, 3026 West Ball Road, Anaheim, CA 92804
Agent: Chung Myung, 3380 Flair Drive, Suite 222, EI Monte, CA 91731
Location: 3026 West Ball Road. Property is approximately 0.41-acre, landlocked
parcel located on the south side of Ball Road located 418 feet west of the centerline
of Beach Boulevard.
Request to permit a church within an existing residence with a separate accessory
pastor's quarters with waivers of: (a) minimum setback for institutional uses abutting a
residential zone boundary, and (b) minimum number of parking spaces.
ACTION TAKEN BY THE PLANNNING COMMISSION:
Waiver of Code Requirement approved, in part, approving waiver (a) and denying
waiver (b) (6 yes votes, Commission Buffa voted no).
Conditional Use Permit No. 2004-04857 granted for one year, to expire on August 23,
2005.
Negative Declaration approved (7 yes votes).
(Appealed by Grace Kim, adjoining property owner).
(Continued from the Council meetings of September 28,2004, Item 82, and October
5, 2004, Item 81 and October 19, 2004, Item 83).
MOTION: CEQA FINDING: NEGATIVE DECLARATION.
RESOLUTION NO.: CONDITIONAL USE PERMIT NO. 2004-04857.
Continued to November 9,2004
B10. CONTINUED PUBLIC HEARING:
C250 VARIANCE NO. 2004-04609
AND NEGATIVE DECLARATION:
OWNER: Tri Tang, 7730 E. Autry Drive, Anaheim, CA 92808
AGENT: Andy 00,12761 Western Avenue, Garden Grove, CA 92841
LOCATION: 391 South Peralta Hills Drive: Property is 2.85 acres located at the
southeast corner of Santa Ana Canyon Road and Peralta Hills Drive, having
frontages of 440 feet on the south side of Santa Ana Canyon Road and 273 feet on
the east side of Peralta Hills Drive.
Waiver of (a) orientation of dwellings adjacent to arterial highways and (b) maximum
structural height to construct a new 2-story single-family residence with a roof deck in
the RS-HS-43,000 (SC) (Residential, Single-Family Hillside; Scenic Corridor Overlay)
Zone.
ACTION TAKEN 8Y THE ZONING ADMINISTRATOR:
Variance No. 2004-04609 approved, in part, approving waiver (a) and denying waiver
(b) (ZA2004-22).
Negative Declaration approved.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
Page 12
(Zoning Administrator decision appealed by Gary Tang).
(Continued from the Council meetings of September 14, 2004, Item 82 and October
19, 2004, Item 82).
MOTION: CEQA FINDING: NEGATIVE DECLARATION.
RESOLUTION NO.: VARIANCE NO. 2004-04609.
Continued to November 9, 2004.
Report on Closed Session Actions: None
Council Communications:
Council Member McCracken announced the Fall Festival celebration to be held Saturday,
October 30th, with a parade downtown as well as activities, music and food for the community
to enjoy.
Council Member Chavez commented on the numbers of young people attending the Council
meeting, thanking them and remarking they could be involved in resolving issues facing the
City in the future.
Mayor Pringle commented on an article in the Orange County Register acknowledging the
City of Anaheim had one of the best immediate response processes in place for public
information requests and thanked staff for their efforts.
With the concurrence of Council, Council Member's Tail's absence from the October 26,
2004 meeting was excused.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned
the meeting at 6.05 P.M.
Respectfully submitted:
~~
Sheryll Schroeder, MMC
City Clerk