1998/06/02ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 2, 1998
The City Council of the City of Anaheim met in regular session.
PRESENT:
MAYOR: Tom Daly
PRESENT:
COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez
ABSENT:
COUNCIL MEMBERS: None
PRESENT:
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY TREASURER: Charlene Jung
HUMAN RESOURCES DIRECTOR: Dave Hill
FINANCE DIRECTOR: William Sweeney
STADIUM/CONVENTION CENTER GENERAL MANAGER: Greg Smith
COMMUNITY SERVICES DIRECTOR: Chris Jarvi
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Gregory Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on
May 29, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Pro Tem, Lou Lopez called the regular meeting of June 2, 1998 to order (3:04 P.M.). The first
portion of the meeting will be a continuation of the Public Hearing on the 1998/99 Fiscal Year Budget.
(See minutes of the Special Meeting of June 2, 1998 which started at 2:00 P.M.
PUBLIC HEARING - CITY BUDGET:
106:
To consider the proposed 1998/99 Budget Plan.
FISCAL YEAR 1998/99 DEPARTMENTAL BUDGET WORKSHOP (Continuation):
The following
Department Heads gave an overview of their department’s proposed budget, some explaining their plans
and objectives for the coming year and accomplishments in the past fiscal year. Questions were also
posed by Council Members during and at the conclusion of some of the presentations which were
answered by the Department Head or appropriate staff: (Several of the presentations were
supplemented by slides).
Charlene Jung, City Treasurer - City Treasurer’s Office - Budget Document Pages 38 and 39.
Dave Hill, Human Resources Director - Human Resources Department - Budget Document Pages 56
and 57.
Bill Sweeney, Finance Director - Finance Department - Budget Document Pages 50 - 53.
(The Finance Department includes - Accounting and Payroll, Purchasing and Reprographics, Business
License and Collections, Information Services and Budget.)
Greg Smith, General Manager, Stadium and Convention Center - Budget Document Pages 76-79. He
first noted that they are recommending for Council consideration next Tuesday that the existing
department name be changed to -- Convention, Sports and Entertainment Department -- which better
describes what they do. During Mr. Smith’s presentation, questions were posed relative to the
recommendation that parking fees be raised at the Convention Center from $6 to $7, debt service on the
Pond (Anaheim Arena), the thresholds wherein the City starts to share in the revenues at Edison Field
(the Stadium), etc.
Mayor Daly entered the Council Chamber (3:45 P.M.).
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
Chris Jarvi, Community Services Director - Community Services Department - Budget Document Pages
44 - 49. (Includes, Parks, Golf, Recreation/Human Services, Neighborhood Services and Library
Services.)
City Manager Ruth. This concludes departmental budget presentations for today. Public comments and
questions on the 1998/99 Budget Plan will be heard at the 5:00 P.M. session. The balance of budget
presentations will be heard at the meeting of June 9, 1998.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LABOR NEGOTIATOR
1.
Agency negotiator:
Dave Hill
Employee organization:
Anaheim Police Association.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
2.
54956.9(a) - Existing Litigation:
Name of case:
Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange
County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
3.
54956.9(a) Existing Litigation
:
Name of case
: Crane v. City of Anaheim, et al., Orange County Superior Court Case No. 77-34-
57.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
(Government Code Section
4.
54956.8)
Property: 8201 East Santa Ana Canyon
Road
Negotiating Parties: Anaheim Memorial Medical Center and City of Anaheim
Under Negotiation: Price and terms.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the
motion. MOTION CARRIED. (4:17 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of June 2, 1998 to order at 5:35 P.M. and welcomed those
in attendance.
INVOCATION:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
Pastor Bob Kuest, Anaheim First Christian Church gave the invocation.
FLAG SALUTE:
Council Me
mber
Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
PRESENTATION - RECIPIENTS OF THE 1998 ANAHEIM SISTER CITY ASSOCIATION
119:
SCHOLARSHIPS:
Mr. Greg Hastings, (Zoning Division Manager) Board Member of the Anaheim
Sister City Association. It is his pleasure to be present along with the President of the Association, John
Poole (City’s Code Enforcement Manager) to introduce this year’s students and scholarship recipients
who will be going to Anaheim’s Sister City, Mito, Japan on July 1, 1998 for a two-week stay. He gave the
background of the program and then introduced this year’s recipients: Enrique Barajas, a Senior at
Gilbert High School; Chitra Balasubramanian, a Senior at Loara High School; Suzuko Allen, a Junior at
Cypress High School. He subsequently elaborated on why each of the recipients were chosen. He
pointed out, as was the case last year, all of the students are from the Anahiem Union High School
District. He then introduced Dr. Jan Billings, the Superintendent of the District, who was present in the
Chamber audience.
Mayor Daly welcomed Dr. Billings and also the students. He, along with the Council Members,
commended and congratulated each of them and wished them a happy and meaningful trip. He
commented on the merits of the program and also thanked Mr. Poole and Hastings. He further noted
that the City recently entered into an arrangement with a second Sister City - Vitoria-Gasteiz, Spain. The
Council is looking forward to a visit from representatives of thier new Sister City.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $7,646,990.48 for the period ending May
26, 1998 and $1,843,320.66 for the period ending May 31, 1998, in accordance with the 1997-98 Budget,
were approved.
(Council Member Zemel left the Council Chamber temporarily (5:52) and re-entered at 5:54 after the
APIC meeting.)
Mayor Daly recessed the City Council meeting until after the Anaheim Public Improvement Corporation
meeting. ( 5:50 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:52 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST
Frank Feldhaus. He reminded the Council and all citizens of the Second Annual Flag Day Ceremony on
Sunday, June 14, 1998 from 1:00 to 2:30 P.M. on the Center Street Promenade in downtown Anaheim
next to Disney Ice. He gave the specifics of the program and urged everyone to attend this special
ceremony, a tribute to “Old Glory.”
* * * * * * * * * * * * * * * * * * * * *
A gentleman from the audience approached the podium and stated that his electrical power had been
turned off and he needed it reinstated.
Mayor Daly recommended that he speak with City staff people; however, he was welcome to make a
statement; City Manager Ruth stated he will have staff meet with the gentleman right now to get his
name and address and to find out what the problem is.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
PUBLIC COMMENTS AGENDA ITEMS:
Public comments were received on items A29 and C2. See comments under those items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of June 2
, 1998. Council Member Lopez
seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31:
On motion by Mayor Daly,
seconded by Council Member Lopez
, the following items were approved in accordance with the reports,
certifications and recommendations furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Resolutions Nos. 98R-97
through 98R-102
, both inclusive, for adoption.
Mayor Daly offered Ordinance No. 5632
for adoption. Refer to Resolution/Ordinance Book.
A1.
118: Rejecting and Denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim sub
mitted by
James D. Eagan
for property damage sustained purportedly due to
actions of the City on or about December 26, 1997.
b. Claims submitted by
Mike Regola
for property damage sustained purportedly due to actions
of the City on or about March 12, 1998.
c. Claim submitted by Wahid Ibrahim for property damage sustained purportedly due to actions
of the City on or about October 23, 1997.
d. Claims submitted by 20th Century Insurance, (Albert Me
ndoza) for property damage
sustained purportedly due to actions of the City on or about December 26, 1997
e. Claim submitted by
Ruth E. Jesse
for property damage sustained purportedly due to actions
of the City on or about March 31, 1998.
f. Claims submitted by
Linda Francis-Dotson
for property damage sustained purportedly due to
actions of the City on or about January 10, 1998.
g. Claim submitted by
Stephen and Donna Mae Baukat
for property damage sustained
purportedly due to actions of the City on or about March 12, 1998.
h. Claims submitted by
Jerry V. Hancock
for property damage sustained purportedly due to
actions of the City on or about March 12, 1998.
A2.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held April 1,
1998.
156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis report
for the month of April, 1998.
173:
Receiving and filing a Notice to Customers of Proposed Rate Increase (Application No.
A.98-05-018) filed by Southern California Gas Company with the California Public Utilities
Commission to recover in rates $1,600,000 for shareholder incentives for certain 1996 and 1997
energy conservation program accomplishments.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
A3.
175: Awarding a contract to the lowest responsible bidder, Williams Supply Company, Inc., in
the amount of $144,000 for Replacement of Large Valves; and in the event said low bidder fails
to comply with the terms of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
A4.
169: Awarding a contract to the lowest responsible bidder, Sequel Contractors, Inc., in the
amount of $354,485.95 for Kellogg Drive Street Improvements, north city limits to Orangethorpe;
and in the event said low bidder fails to comply with the terms of the award, awarding the
contract to the second low bidder, as well as waiving any irregularities in the bids of both the low
and second low bidders.
A5.
175: Awarding the contract to the lowest responsible bidder, Mastec Comtec of California, Inc.,
in the amount of $201,128 for the Construction of Lewis Substation 15KV Get-A-Way Upgrade;
and waiving any irregularities in the bid of the low bidder.
A6.
176: RESOLUTION NO.
98R-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and service
easements, and setting a date and time to consider abandoning that certain easement for
drainage and water purposes located on property on the north side of Santa Ana Canyon Road,
easterly of the terminus of the Camino Tampico cul-de-sac (ABANDONMENT 98-8A).
(Suggested public hearing date: July 14, 1998, at 6:00 p.m.)
A7.
158: Approving the Acquisition Agreement for real property located at 620-636 West Katella
Avenue (R/W 5180-63) - Katella Avenue Smart Street Improvement Project; approving
Amendment No. 1 to Agreement for Acquisition; approving the Temporary Construction
Easement; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the
acquisition payment of $250,000 to Peacock, LLC.
A8.
123: Approving an Agreement with the Orange County Transportation Authority (OCTA), in an
amount not to exceed $1,000 for a right-of-entry fee for storm drain construction/underground
pipeline for the Orangefair Lane crossing the Metrolink track per the City’s Master Plan for
Drainage.
A9.
123: Ap
proving an Amendment to an Agreement between the City of Anaheim and the South
Coast Air Quality Management District (SCAQMD) for the provision of a rail feeder service at the
Anaheim Canyon Business Center.
A10.
158: RESOLUTION NO.
98R-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to
the City. (R/W 5150-5, etc.)
A11.
124: Approving Change Order No. 1, in the amount of $445,319 in favor of M.A. Mortenson
Company, for all extra work items to date, in connection with the Anaheim Convention Center
Enhancement Project.
A12.
160: Accepting the low bid of A.Y. Nursery, in the amount of $75,752 for 65 varieties of trees for
the RELEAF and TREEPOWER Programs, in accordance with Bid #5780.
A13.
160: Accepting the low bid of B & J Tree Service, in an amount not-to-exceed $99,766 for the
full trim of approximately 2,909 trees, in accordance with Bid #5784.
A14.
160: Waiving Council Policy 306, and authorizing the
Purchasing Agent to issue purchase
orders to Motorola Communications, in the not-to-exceed amount of $20,278.80 for maintenance
of the Mobile Data System and $27,500 for the repair and maintenance of the Mobile Data
Terminals for the period beginning July 1, 1998, through June 30, 1999.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
A15.
160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase
order to Pursuit, in an amount not-to-exceed $160,000 for police car outfitting, as required, for a
two year period beginning July 1, 1998, through June 30, 2000.
A16.
160: Accepting the low bid of Pak West Paper & Chemical, in an amount not-to-exceed $54,000
for janitorial supplies as required for the period of one year, beginning July 1, 1998 through June
30, 1999, in accordance with Bid #5805.
A17.
160: Accepting the low bid of Shallbetter Brothers, Inc., c/o Matzinger-Keegan, in the amount of
$51,905 for one Capacitor Bank with fuses for Fairmont Substation, in accordance with Bid
#5806.
A18.
160: Accepting the low bid o
f General Switchgear, Inc., in the amount of $23,450 for the
fabrication, wiring and installation of eight metal clad switchgear steel panels, in accordance with
Bid #5792.
A19.
160: Accepting the low bid of Siemens Energy and Automation, c/o Matzinger-Keegan, in the
amount of $295,290 for nine 72.5KV oilless power circuit breakers, including spare parts, for
Southwest and Katella Substations, in accordance with Bid #5800.
A20.
160: Waiving Council Policy 306, and authorizing the purchase of automated c
ollection waste
barrels from Roto Industries, in an amount not-to-exceed $139,050 for a one-year period
beginning July, 1998, through June, 1999; and authorizing the Purchasing Agent to exercise
optional renewals for an additional four one-year periods.
A21.
160: Accepting the low bid of Zumar Industries, Inc., in an amount not-to-exceed $110,000 for
street signs for a period of one year beginning July 1998; and authorizing the Purchasing Agent
to exercise up to three additional one-year renewals, limited to Consumer Price Index increases,
in accordance with Bid #5802.
A22.
123: Waiving Council Policy 306, and authorizing the execution of an Agreement with California
Forensic Phlebotomy, Inc., in an amount not-to-exceed $67,750 for phlebotomy services for a
one-year period beginning July 1, 1998, with a one-year optional extension; and authorizing the
Chief of Police or City Manager to exercise the renewal option for the Anaheim Police
Department.
A23.
137, 123: RESOLUTION NO.
98R-99
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving, authorizing and directing execution of an Amendment to a Site
and Facility Lease and an Amendment to a Lease Agreement (1993 Refunding Projects
Certificates of Participation); and authorizing and directing certain actions with respect
thereto.(Release of Fire Station No. 3 from Lease.)
A24.
108: ORDINANCE NO.
5632
(ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing and enacting a new Section 14.32.310 to Chapter 14.32 of Title 14 of the
Anaheim Municipal Code relating to sale of goods or merchandise by vehicle. (Continued from
the meeting of May 12, 1998, Item A22, and introduced at the meeting of May 19, 1998, Item
A14.)
A25.
123: Approving and instructing the City Manager to sign the Amendment Number Two to an
Agreement with Orange County for Urban Park Funds for the Downtown Community Center
project.
A26.
123; Approving and instructing the City Manager to sign an Agreement with Orange County for
Urban Park funds, in the amount of $25,000 for park furnishings at ten City parks; and
conditionally approving an Agreement with the Anaheim YMCA to provide funding in the amount
of $25,000 for operational programming and instructing the City Manager to sign the Agreement
once the Orange County Agreement has been approved by the Board of Supervisors; and
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
increasing appropriations in expenditure account 101-213-4283-9705 and revenue account 101-
213-4283-1823 by $25,000.
A27.
156: Authorizing the Mayor to sign the letter of request to the U.S.
Attorney General and to
pursue implementation of HR 1493 for full time INS presence in the City jail; and to concurrently
analyze the INS video teleconferencing proposal.
Council Member Zemel. This is the INS program which is a follow up to the City’s pilot project which was
extremely successful. He was under the impression Anaheim was grandfathered in under the legislation
and guaranteed an INS Officer.
Kristine Thalman, Senior Project Manager - Governmental Affairs. She explained Anaheim was
grandfathered in for the first year of funding. This is for subsequent years and requires under HR1493
submitting a letter to the Attorney General.
Council Member Zemel. He explained they are still struggling to get INS to cooperate. They never really
had a full-time INS Officer in the jail and right now they are only interviewing about 35% of suspects
arrested. Even though there were two Congressional mandates and the order given by Congress and the
President of the United States, it does not seem to matter. He is confident that a tight watch is being
kept on this matter.
A28.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held April 15,
1998.
A29.
175: Approving the proposed Five-Year Electric Underground Conversion Plan for Fiscal Years
1998/99 through 2002/03. (Continued from the meeting of May 19, 1998, Item A28.)
Jeff Kirsch, 2661 W. Palais, Anaheim. He is asking the Council not to approve this program. As with all
those before and those coming after, it takes money from the ratepayers. It does not make power
cheaper, more available or reliable, but merely provides cosmetic improvements. If they are going to do
anything with additional contributions (such as the right-of-way fee and the Public Benefits fee) from the
ratepayers, he suggested they either improve availability or transmission systems, or lower rates.
A30.
137: RESOLUTION NO.
98R-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM pursuant to Section 53334 of the Government Code of the State of California to
consider altering the public facilities financed by Community Facilities District No. 1989-1
(Sycamore Canyon) in the City of Anaheim, California.(Public Hearing date July 14, 1998 6:00
p.m.)
137: RESOLUTION NO.
98R-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM pursuant to Section 53334 of the Government Code of the State of California to
consider altering the public facilities financed by Community Facilities District No. 1989-2 (The
Highlands) in the City of Anaheim, California.(Public Hearing date July 14, 1998 6:00 p.m.)
137: RESOLUTION NO.
98R-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM pursuant to Section 53334 of the Government Code of the State of California to
consider altering the public facilities financed by Community Facilities District No. 1989-3 (The
Summit) in the City of Anaheim, California. (Public Hearing date July 14, 1998 6:00 p.m.)
A31.
160: Accepting the bids of Southland Construction, in an amount not-to-exceed $64
,900, for
reconstruction of the concrete pool decking, and an amount not-to-exceed $71,500 for plaster
and tile replacement at Pearson Park Pool in Anaheim, in accordance with Bids #5812 and 5813.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
Roll Call Vote on Resolution Nos. 98R-
97 through 98R-102
, both inclusive, for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 98R-97
through 98R-102
, both inclusive, duly passed and adopted.
Roll Call Vote on Ordinance No.
5632
for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No.
5632
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
PUBLIC HEARING - 1998/99 BUDGET PLAN:
A32.
106:
Mayor Daly announced this is the time for
public comments and questions on the budget. He noted that the first Budget Workshop took place
today at 2:00 P.M. He asked to hear from anyone who wished to speak.
MOTION. There being no one who wished to speak on the budget at this time, Mayor Daly moved to
continue the Public Hearing on the 1998/99 Budget to Tuesday, June 9, 1998. Council Member Zemel
seconded the motion. MOTION CARRIED.
ITEMS B1 - B10 FROM THE PLANNING COMMISSION MEETING OF MAY 11, 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 2, 1998:
GENERAL PLAN AMENDMENT NO. 355
RECLASSIFICATION NO. 97-98-15
B1.
134:
WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4009
AND MITIGATED NEGATIVE DECLARATION
:
OWNER:
Lincoln-Beach Associates, L.P., 14011 Ventura Boulevard, Suite 404, Sherman Oaks,
CA 91423
AGENT:
Jordan-Valli Architects, Attn: Patrick Crowley, 34700 Pacific Coast Highway, #202,
Capistrano Beach, CA 92624
LOCATION: 2951-2961 West Lincoln Avenue
. Property is 3.0 acres located on the north side of
Lincoln Avenue, 300 feet east of the centerline of Beach Boulevard.
General Plan Amendment No. 355 -
To redesignate subject property from the Medium Density
Residential land use designation to the General Commercial land use designation.
(Request for
)
Withdrawal
Reclassification No. 97-98-15 -
To reclassify subject property from RM
-1000 Zone to the CL
Zone.
Conditional Use Permit No. 4009 -
To construct a 74,593 square foot self-storage facility with a
caretaker’s unit and an outdoor recreation vehicle storage lot with waiver of minimum structural
.
setback
ACTION TAKEN BY THE PLANNING COMMISSION
:
GPA NO. 355 WITHDRAWN.
Reclassification No. 97-98-15 DENIED (PC98-74) (5 yes votes, 1 absent, and 1 vacancy).
CUP NO. 4009 DENIED (PC98-75).
Waiver of code requirement DENIED.
Denied Mitigated Negative Declaration.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
RECLASSIFICATION NO. 97-98-10, AND NEGATIVE DECLARATION:
B2.
179:
OWNER:
Chiboeze J. Dallah, Sharon K. Dallah, Ernest R. Peralta, 17380 Briardale Lane, Yorba
Linda, CA 92886
AGENT:
Chiboeze J. Dallah, P.O. Box 773, Yorba Linda, CA 92886
LOCATION: 1429, 1433 and 1437 East Lincoln Avenue.
Property is 0.77 acre located on the
north side of Lincoln Avenue, 160 feet east of the centerline of La Plaza.
To reclassify this property from the RS-A-43,000 (Residential/ Agricultural) and the RS-7200
(Residential, Single-Family) Zones to the CL (Commercial, Limited) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 97-98-10 DENIED (PC98-76) (5 yes votes, 1 absent, and 1 vacancy).
Denied Negative Declaration.
RECLASSIFICATION NO. 97-98-12
B3.
179:
CONDITIONAL USE PERMIT NO. 4001 AND NEGATIVE DECLARATION:
OWNER:
Hunters Pointe Homeowners Association, 14600 Goldenwest Street, 102-A,
Westminster, CA 92683
AGENT:
TDI, Inc., Attn: Adan Madrid, 3150 Bristol Street, #250, Costa Mesa, CA 92626
LOCATION: 6900 East Canyon Rim Road.
Property is 3.05 acres located on the south side of
C
anyon Rim Road, 180 feet west of the centerline of Fairmont Circle.
To reclassify this property from the RS-HS-10,000 (SC) (Residential, Single-Family (Scenic
Corridor Overlay)) Zone to the RS-A-43,000 (SC) (Residential/Agricultural (Scenic Corridor
Overlay)) Zone to construct telecommunication antennas on an existing lattice tower (Edison)
structure and ground-mounted accessory equipment.
ACTION TAKEN BY THE PLANNING COMMISSION
:
WITHDRAWN.
CONDITIONAL USE PERMIT NO. 1594, AND NEGATIVE DECLARATION:
B4.
179:
OWNER:
Andrew Y. Lui, 500 North Brookhurst Street, Anaheim, CA 92805
LOCATION: 500 North Brookhurst - La Estrella Restaurant
.
Property is 2.1 acres located at the
northeast corner of Alameda Avenue and Brookhurst Street.
To consider reinstatement of this permit by the modification or deletion of a time limitation. To
retain an existing restaurant with sales of alcoholic beverages for on-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
DENIED reinstatement of CUP
NO. 1594 (PC98-77) (5 yes votes, 1 absent, and 1 vacancy).
Denied the previously-approved Negative Declaration.
An appeal of the Planning Commission's decision was submitted by Rick A. Blake in letter dated June 1,
1998 and, therefore, a Public Hearing will be scheduled at a later date.
WAIVER OF CODE REQUIREMENT
B5.
179:
CONDITIONAL USE PERMIT NO. 4010, AND NEGATIVE DECLARATION:
OWNER:
Southern California Edison Company, 100 North Long Beach Blvd., #1004, Long
Beach, CA 90802
AGENT:
CGA Associates, Attn: Gavin Berry, 1525 Monrovia Avenue, Newport Beach, CA
92663
LOCATION: 1505 South State College Boulevard.
Property is 10 acres located at the southwest
corner of Cerritos Avenue and State College Boulevard.
To construct a 91,310 square foot self storage facility with waiver of minimum parking lot
landscaping (deleted).
ACTION TAKEN BY THE PLANNING COMMISSION
:
CUP NO. 4010 GRANTED, IN PART, for ten years, to expire May 11, 2008
(PC98-78) (5 yes votes, 1 absent, and 1 v
acancy).
Denied waiver of code requirement.
Approved Negative Declaration.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
An appeal of the Planning Commission's decision was submitted by Carl D. Beckman/Everest Storage in
letter dated May 29, 1998 and, therefore, a Public Hearing will be scheduled at a later date.
WAIVER OF CODE REQUIREMENT
B6.
179:
CONDITIONAL USE PERMIT NO. 3571, AND NEGATIVE DECLARATION:
OWNER:
PacBell, Attn: John Bitterly, 1111 Town and Country Road, Suite 37, Orange, CA
92668
INITIATED BY:
City of Anaheim, Com
munity Services Department, Attn: Jack Kudron, 200
South Anaheim Blvd., 433, Anaheim, CA 92805
LOCATION: 1527 East Broadway - a landlocked portion of Lincoln Park
. Property is 0.08 acre
located on the north side of Broadway, 520 feet north of the centerline of Broadway.
To consider reinstatement of this permit by the modification or deletion of a condition of approval
pertaining to a time limitation to retain a 75-foot high cellular telephone tower and a 360 square
foot unmanned equipme
nt building with waiver of required setback abutting a residential zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3571 for five years, to expire March 2, 2003 (PC98-79) (5
yes votes, 1 absent, and 1 vacancy).
Approved waiver of code requirement.
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
CONDITIONAL USE PERMIT NO. 3506, AND MITIGATED NEGATIVE DECLARATION
B7.
-
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE FOR PARKING
LOT/PLAYGROUND USE
:
Vineyard Christian Fellowship, 5340 East La Palma Avenue,
Anaheim, CA 92807, requests determination of substantial conformance pertaining to the use of
a portion of an existing parking lot for playground use on weekdays only. Property is located at
5340 East La Palma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION
:
Determined that plans are in substantial conformance for CUP NO. 3506.
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 3926, AND NEGATIVE DECLARATION:
B8.
179:
REQUEST FOR REVIEW AND APPROVAL OF A COMPREHENSIVE SIGN PROGRAM,
LANDSCAPE PLANS, AND BUILDING ELEVATIONS
:
George and Barbara Kubo, 23351
Villena, Mission Viejo, CA 92692, requests review and approval of a comprehensive sign
program, landscape plans, and building elevations for a previously-approved trailer sales lot and
repair facility. Property is located at 721-725 South Beach Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved comprehensive sign program, landscape plans, and building elevations for
CUP NO. 3926.
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 3623, AND NEGATIVE DECLARATION
B9.
179:
REQUEST FOR A RETROACTIVE EXTENSION OF TIME
:
Frank Minissale, 111 South Mohler
Drive, Anaheim, CA 92807, requests a retroactive extension of time to comply with conditions of
approval for a previously-approved 80-bed convalescent facility. This petition was original
ly
approved on September 8, 1993. Property is located at 111 South Mohler Drive.
ACTION TAKEN BY THE PLANNING COMMISSION
:
Denied extension of time for CUP NO. 3623.
Negative Declaration previously approved.
An appeal of the Planning Commission's decision was submitted by Frank Minissale in letter dated May
29, 1998 and, therefore, a Public Hearing will be scheduled at a later date.
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
CONDITIONAL USE PERMIT NO. 3987, AND NEGATIVE DECLARATION
B10.
179:
REQUEST FOR A RETROACTIVE TIME
:
Steve J. Rendes, 521 Laguna Road, Fullerton, CA
92635, requests a retroactive extension of time to comply with conditions of approval for a
previously-approved convenience market with sales of beer and wine for off-premises
consumption with waiver of minimum number of parking spaces. This petition was originally
approved on January 21, 1998. Property is located at 2631-2637 West Lincoln Avenue - 98 Cent
Store.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved a 90-day extension of time for
CUP NO. 3987, to expire 8/11/98.
Negative Declaration previously approved.
Mayor Daly. He asked for clarification that there is no time limit on the CUP and this is just an extension
of time to comply with the CUP; Greg Hastings, Zoning Division Manager answered that is correct.
END OF THE PLANNING COMMISSION ITEMS OF 5/11/98:
ORDINANCES FOR ADOPTION:
Mayor Daly offered Ordinance Nos. 5633 through 5635 for adoption.
B11.
179: ORDINANCE NO.
5633
(ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 97-98-04 located at 2235 W. Lincoln Avenue from the RS-A-43,000 zone to
the CL zone. (Introduced at the meeting of May 19, 1998, Item B17.)
B12.
179: ORDINANCE NO.
5634
(ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 97-98-07 located at 1250 South Nutwood Street from the RS-A-43,000 zone
to the RS-7200 zone. (Introduced at the meeting of May 19, 1998, Item B18.)
B13.
179: ORDINANCE NO.
5635
(ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 97-98-08 located at 1244 North Harbor Boulevard from the CG zone to the
CL zone. (Introduced at the meeting of May 19, 1998, Item B19.)
Refer to Ordinance Book.
A RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND
THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
Roll Call Vote on Ordinance Nos. 5633 through 5635
for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5633 through 5635
, duly passed and adopted.
B11, 12, 13
Council Member Zemel asked, as a housekeeping item, in the future when there are second readings on
ordinances, if the Council could be provided with additional information more than just the ordinance,
perhaps a map and description; City Clerk Sohl suggested the site map and the Planning staff report;
Council Member Zemel concurred.
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
REQUEST FOR REHEARING:
CONDITIONAL USE PERMIT NO. 3421 AND NEGATIVE DECLARATION:
B14.
179:
OWNER: Andrew Y. Lui, 500 North Brookhurst Street, Anaheim, CA 92804
LOCATION: 500 North Brookhurst - La Estrella Restaurant.
Property is 1.2 acres located at the
northeast corner of Alameda Avenue and Brookhurst Street.
To amend or delete conditions of approval pertaining to a time limitation to retain a public dance
hall.
ACTION TAKEN BY THE PLANNING COMMISSION
:
CUP NO. 3421 TERMINATED at the Planning Commission meeting of December 22, 1997.
Informational item before the City Council at their meeting of January 13, 1998, Item B2, where
it was decided that a hearing officer be appointed by the City Attorney. At the Council meeting
of April 28, 1998, Item C2, the City Council adopted Resolution No. 98R-76 adopting the findings
of fact and, based upon such findings of fact, terminating Conditional Use Permit No.
3421
relating to the operation of a public dance hall in conjunction with a restaurant and cocktail
lounge.
Request for Rehearing and Declaration of Merit was submitted by Rick A. Blake, Attorney for the
petitioner Everado Godoy, dba La Estrella.
Mayor Daly. This is not a Public Hearing item but a decision for the Council to make as to whether they
would like to rehear the item which had been before the Council on at least one previous occasion. He
asked if there were any questions for staff.
Council Member Zemel assumed this is an item if there is no action by the Council it goes away; City
Attorney White stated that the Council needs to take an action either granting or denying the rehearing
based upon the written application of the appellant.
MOTION. Council Member Zemel moved to deny the request for rehearing on Conditional Use Permit
No. 3421. Mayor Daly seconded the motion. MOTION CARRIED.
Mayor Daly offered Resolution Nos. 98R-103 and 104 for adoption. Refer to Resolution Book.
B15.
179
: RESOLUTION NO.
98R-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF
ANAHEIM amending Resolution No. 97R-224, nunc pro tunc.
B16.
179: RESOLUTION NO.
98R-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF
ANAHEIM amending Resolution No. 98R-81, nunc pro tunc.
Roll Call Vote on Resolution Nos. 98R-
103 and 98R-104
, both inclusive, for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL
MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 98R-103
and 98R-104
, both inclusive, duly passed and adopted.
CONTINUATION HEARING DATE -GEN PLAN AMENDMENT NO. 353;
C2.
179:
RECLASSIF. NO. 97-98-11; CUP 4005 (MAAG Property)
Mayor Daly. Normally this item would be taken up after Public Hearings but since there a couple of
citizens who have waited to address the issue, he suggested that it be considered at this time.
The City Clerk had requested clarification as to a firm hearing date.
City Clerk, Lee Sohl. She does not know if it is Council’s intent to set the matter for a date beyond June
23. That is the last date she can set it and still meet the six-month requirement under State law.
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
Mayor Daly. He referred to a letter received from the developer dated June 2, 1998 suggesting a couple
of things. He is proposing to stay with the June 23, 1998 schedule which is a regular Council meeting. It
also states, “If we have not completed our discussions and have not resolved enough issues, we will
notify the City Clerk’s office on June 11, 1998 to voluntarily postpone the meeting until July 14, 1998.”
He asked if that presented any problems.
City Clerk Sohl explained how the request could be accommodated by her office; Mayor Daly surmised
then she could operate on the premise there will be a June 23 hearing.
Mrs. Sohl stated, or it could be later; the cost would be the same either way.
Mr. Roy Brown, 140 Calle Diaz, Anaheim. It is true from the developer’s memo that there have been
discussions with the builder and the builder promised to get back to the area homeowners by the end of
the week. As the result of a phone call today, there is a meeting scheduled for Monday with the
developer to present some new ideas. However, he (Brown) feels it is most appropriate to ask the
Council to schedule a special meeting for July 7 (a date when the Council is not scheduled to meet)
based upon fairness to the residents. The June 23rd date would barely allow City staff and residents two
weeks to review the new proposal. It will not give enough time for residents to analyze the reports from
the developer and City staff that are in process relative to traffic. It seems fair to come back on July 7
rather than June 23.
Carol Geronson, 321 Old Bridge, Anaheim. She is present asking for the extension for herself and many
others. They need to prepare and get everybody together since there is tremendous opposition to this
project (also see minutes of the Council meeting of May 5, 1998 where there was extensive input
regarding the subject project). If the majority of the residents want a continuance, the full 60 days (from
May 5, 1998), they should have it. She also feels everybody in Anaheim Hills needs to be notified of the
hearing date since the project will affect everyone.
Council Member Zemel. He believes the last legal date the matter could be heard (because of State
law) is July 13 which is within the 180-day limit. The 60-day continuance that was proposed exceeds that
date; City Clerk Sohl confirmed that was correct. If the developer is willing to waive that date, they could
do so but the developer said no.
After additional discussion and questioning of staff for purposes of clarification regarding the dates,
Council Member Zemel stated he would like to do one of two things -- ask the developer tonight, since
representatives are present, to agree to July 14 as the date to hear the matter again (continued Public
Hearing), or if he is unwilling to do so, ask the Council to meet on July 7 to try to get a level playing field.
Mayor Daly. He asked if a representative of the developer was present; there was an acknowledgment
from the audience.
Council Member Zemel asked if he would agree to a July 14th date; from the audience, a gentleman
answered, no but they would agree to a June 30th date (a date when no Council meeting is scheduled to
be held).
Council Member Zemel was puzzled why July 14th was not OK if as was stated in the letter from the
developer (G.M.E. Development) it would be OK if discussions were not completed and enough issues
resolved by June 11.
MOTION: Council Member Zemel moved that the Council hold a Special Meeting on July 7 so that there
is a date certain for the continued Public Hearing.
Before further action was taken, Council Member Tait asked the developer by what date he would need a
decision; the representative answered, prior to the beginning of July. Extensions on a piece of property
this size are very expensive. They have done a lot on their end to be fair.
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
Further, answering Council Member Zemel, he explained they want to see what progress they make by
continuing meetings with the community before they commit to further time extensions. It is not only
economic, but a timing issue. They will go to the June 30th date if the Council is asking tonight.
A brief discussion then followed wherein Council Member Zemel noted he would not be present on June
30th and Council Member McCracken stated she would not be present either on June 30 or July 7. (Both
are dates when Council meetings are not scheduled.)
Mayor Daly. The developer has a legal right to a decision within a certain period of time. He believes
the proposal is a reasonable one given all the things that have transpired. It is not like similar situations
as in the past. There are a lot of different schedules to be considered and this is also a holiday period
(June 30/July 7).
MOTION. Mayor Daly thereupon moved to schedule the continuation of the Public Hearing on the
subject property on June 23, 1998 with the potential for a July 14, 1998 hearing date along the lines
discussed this evening. He explained this is an attempt to comply with State law which does require a
decision by July 13, 1998. Council Member McCracken seconded the motion.
Before a vote was taken, Council Member Tait stated he would like to see the meeting on July 7 even
though he will be on vacation and have to return; Council Member Zemel stated he will be voting against
the motion.
Council Member McCracken. She noted, the developer won’t agree to an extension and the Council is
caught in a bind. The homeowners know she wanted them to work something out. If on June 23rd the
developer has not done so, that will be it and his development will not get approved.
Council Member Zemel. The deadline is July 13 and the closer to July 13, the more beneficial to the
homeowners. He could made himself available on July 13 (a Monday) which would give them up until
the last day to present their case.
Mayor Daly. Traditionally, the Council adopts a yearly Council meeting schedule at the start of the year.
Some Council Members have indicated they will not be present on June 30 and July 7 and he is sure
there will be some other conflict on July 13 which is not a scheduled meeting day. He suggested that
they try to stick to their schedule. There is a fall-back position (suggested by the developer) if the parties
are not able to meet in good faith. This is not a hearing on the merits of the project but an attempt to find
a compromise on how to conduct a hearing.
Council Member Lopez also stated he could not commit to meeting on a Monday night at this time.
A vote was then taken on the motion offered by the Mayor that the Public Hearing be continued to June
23, 1998. Council Member Zemel voted no. MOTION CARRIED.
City Clerk Sohl. She urged the homeowners to keep in touch with her office. She will also try to put a
message out on the internet on the Anaheim web page. She will make an extraordinary effort to keep
them informed.
VEHICLE LICENSE FEE TAX
C1.
114:
: Discussion requested by Council Member Bob Zemel at the
Council meeting of May 19, 1998, item C4, regarding Governor Wilson’s vehicle license fee
tax break.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM supporting the Governor’s vehicle License Fee (VLF) Reduction proposal
subject to a constitutional protection provision.
or
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM supporting the Governor’s Vehicle License Fee (VLF) reduction proposal.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
City Manager Ruth. He announced that staff is respectfully requesting that this item be continued one
week.
REPORT ON CLOSED SESSION ACTIONS:
C3.
112:
City Attorney Jack White stated that there are no actions to report.
CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 352
D1.
RECLASSIFICATION NO. 97-98-09 WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4000
TENTATIVE TRACT MAP NO. 15610
REQUEST FOR CITY COUNCIL REVIEW:
AND NEGATIVE DECLARATION:
OWNER:
Dow’s Acreage, Attn.: Linda Kenski, P.O. Box 6295, Garden Grove, CA 92645-0252
AGENT:
The Olson Company, Attn.: Anna-Lisa Hernandez, 3010 Old Ranch Parkway, #400, Seal
Beach, CA 90740
LOCATION: 112 - 218 South Brookhurst Street.
Property is 6.25 acres located on the east side of
Brookhurst Street, 216 feet south of the centerline of Lincoln Avenue.
General Plan Amendment No. 352:
To redesignate this property from the General Commercial land
use designation to the Low-Medium Density Residential land use designation.
Reclassification No. 97-98-09:
To reclassify this property from the CL (Commercial, Limited) Zone to
the RM-3000 (Residential, Multiple-Family) Zone.
Conditional Use Permit No. 4000:
To construct a 68-lot (including 8 lettered lots) 60-unit (advertised
as 62-unit) detached RM-3000 condominium development with waivers of (a) minimum dimension of
parking spaces, (b) minimum recreational-leisure areas, (c) minimum structural setback abutting one-
family residential developments, and (d) minimum private street standards.
Tentative Tract Map No. 15610:
To establish a 68-lot, (including 8 lettered lots and 60 residential lots
(advertised as 62-units)) subdivision for a detached RM-3000 condominium development.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended GPA NO. 352 to City Council (PC98-52)
(5 yes votes, 1 absent, and 1 vacancy).
R97-98-09 GRANTED, UNCONDITIONALLY, (PC98-53).
(5 yes votes, 1 absent, and 1 vacancy).
CUP 4000 GRANTED (PC98-54) (4 yes votes, 1 no vote, 1 absent
and 1 vacancy).
Approved, in part, waiver of code requirement waivers (a), (c) and (d) approved, and waiver (b) denied
(4 yes votes, 1 no vote, 1 absent
and 1 vacancy).
Tentative Tract Map No. 15610 Approved.
Approved Negative Declaration.
Informational item submitted to Council from the Planning Commission meeting of April 13, 1998. Set
for a public hearing due to the General Plan Amendment.
Public hearing continued from the meeting of May 12, 1998, Item D2.
MOTION. Mayor Daly moved to continue the Public Hearing to Tuesday, June 9, 1998 as requested by
Anna-Lisa Hernandez, Director of Development, The Olson Company in letter dated May 20, 1998.
Council Member Lopez seconded the motion. MOTION CARRIED.
CONTINUED PUBLIC HEARINGCONDITIONAL USE PERMIT NO. 3662, AND NEGATIVE
D2.
DECLARATION
REQUEST FOR REVIEW AND APPROVAL OF THE PROPOSED
LOCATION OF PLAYGROUND EQUIPMENT:
OWNER:
JGD Company, Inc., P.O. Box 18021, Anaheim, CA 92817-8021
INITIATED BY:
City-initiated (Planning Commission), 200 South Anaheim Blvd., Anaheim, CA 92805
LOCATION: 6270 East Santa Ana Canyon Road.
Property is 1.19 acres located on the south side of
Santa Ana Canyon Road, 515 feet west of the centerline of Fairmont Boulevard.
(A) City-initiated (Planning Commission) request to review a previously-approved private educational
facility (pre-school to 3rd grade) and a church with waivers of (a) maximum fence height, (b) minimum
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
setback of institutional uses adjacent to a residential zone and (c) minimum structural setback abutting a
Scenic Expressway to consider modification to the overall entitlement including the 3-story design of the
building.
(B) Property owner requests review and approval of the location of playground equipment for a
previously-approved educational facility (this portion of the request was continued from the March 30
Commission meeting to allow portion (a) of this request to be advertised).
ACTION TAKEN BY THE PLANNING COMMISSION:
Modified CUP NO. 3662 (PC98-56) (5 yes votes, 1 absent, and 1 vacancy).
Approved playground plan submitted as revised at the meeting.
Negative Declaration previously approved.
Public hearings continued from the meetings of May 12, 1998, Item D3, and May 19, 1998, Item D3.
City Attorney White. There is a request for continuance on this item. The three owners jointly have
asked for a two-week continuance. The attorney’s representing the property owners in the vicinity have
countered suggesting a one-week continuance. The permit holders have come back and said if only one
week, they prefer not to have any continuance and want to go forward tonight. Based on his years of
experience in these matters and considering they have not yet had the architect submit the drawings, he
believes it is very unlikely they would be in a position to have something back to the Council to act on
next Tuesday and to continue this for one week might be overly optimistic.
Mayor Daly asked if he was suggesting a two-week continuance might be able to accomplish more in a
meeting of the minds.
City Attorney White. In order to explore all the possibilities and alternatives, two weeks would be a
reasonable period with the understanding they will either come to some mutually agreeable solution or
have exhausted the options. He would suggest that the Council may be in a position to move forward
one way or the other in two weeks.
Mr. Jeff Farano approached the podium to speak; City Attorney White confirmed, even though the Public
Hearing had been closed on May 12, 1998, since this is a procedural issue, he does not see a legal
problem in allowing someone to speak relative to a date for continuance.
Jeff Farano, Attorney, 2300 E. Katella Avenue, Anaheim representing the neighboring homeowners.
Although they do not necessarily oppose, the only concern they have with regard to the continuance is
that the owners of the school and church have been requesting an occupancy permit. If they get the
permit before the matter is resolved, there are no restrictions as discusssed earlier at the Planning
Commission meeting as far as occupancy of the third floor, playground equipment, number of children,
noise, etc. He asked Mr. Browne’s attorney tonight when the plans are going to be done and was told he
does not know. If the Council is going to consider the continuance, he would like them to consider asking
the owner and City delay issuing the occupancy permit until the matters can be resolved.
Scott Warren, 4 Venture, Irving, Attorney for Mr. Browne. The school has already received their
temporary occupancy permit. He does not know about the church.
Fred Lowry, Co-Counsel with Jeff Farano. The man who has caused the problem is holding up the plans.
He questioned how there will ever be a settlement if he is given occupancy. If the City was previously
going to require that they sign a recorded covenant to run with the land that they could not occupy the
third floor, why can’t occupancy be delayed until the matter is resolved. They are within one day of
settling. All they need are the drawings and Mr. Browne is holding them up. The City should leave the
matter status quo in good faith until it is resolved and not give any occupancy permits until then.
City Attorney White confirmed that Mr. Browne is not preparing the plans. There is an architect that has
been hired selected by Mr. Browne. He (White) does not have any direction from the Council to hire an
architect but if they wish, he can do so. He then explained the problem is the property owner has an
existing CUP issued by the City. He also has complied with the building code requirements in order to
get a temporary Certificate of Occupancy. The fact that he has a certificate does not mean he has to
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
use it. Even if he has it, that does not mean the Council cannot go forward two weeks from now to
modify or potentially revoke the CUP. He does not see that these are in lock step. From a legal
standpoint, in his view, the City does not have a legal basis not to issue at least a temporary Certificate
of Occupancy to the one building that has been finalized and met the Building Code requirements. His
suggestion is to put the matter over for two weeks and if there is occupancy of any of the buildings,
particularly the school, that during that two-week period if there is a problem, the Council is going to hear
about it and then look closely at the permit. He confirmed for the Mayor that his recommendation would
be a continuation of the matter for two weeks, without attaching any conditions. That will be ample time
to bring back a solution, or if there is no solution, they will then be in a position to do what they could
have done three weeks ago.
Discussion followed between Council Member Zemel and the City Attorney relative to specifics of the
issue at the conclusion of which, Mr. White stated there are three properties involved and three property
owners. Mr. Browne owns the office building and the other two properties are owned by two different
owners. All three have been represented at the meeting called by his office and which has been held. He
believes it is very clear that there needs to be a time deadline to resolve the matter. Two weeks does
not mean the roof (of the building in contention) will be off but it gives enough time to bring additional
information to the Council to see if this is something that can be mutually resolved or the Council will
unilaterally do what is best for the City and then see what happens. He also clarified that temporary
occupancy is good for only 30 days.
Mayor Daly. They have asked the City Attorney to do his best to resolve as many of the issues as
possible. It is necessary to give him the chance to do his job and he has recommended a two-week
continuance.
MOTION. Mayor Daly moved to continue the Public Hearing for two weeks to June 16, 1998. Council
Member Zemel seconded the motion. MOTION CARRIED.
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO.
D3.
4017 AND NEGATIVE DECLARATION:
OWNER:
Lincoln Plaza Development Company, P.O. Box 1839, Orinda, CA 94563-6839
AGENT:
Sherwood G. Oklejas, 215 South Euclid Street, Anaheim, CA 92802
LOCATION: 101 South Euclid Street.
Property is 0.51 acre located at the southwest corner of Lincoln
Avenue and Euclid Street.
To permit a 22,300 square foot expansion of an existing automobile sales lot (on adjacent property) with
waiver of minimum landscaped setback and minimum number of street trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4017 GRANTED, IN PART, (PC98-59)
(5 yes votes, 1 absent, and 1 vacancy).
Waiver of code requirement GRANTED, IN PART, denied the portion of the waiver pertaining to the
required ten foot landscaped setback, and approved the portion of the waiver pertaining to the location of
the trees.
Approved Negative Declaration.
Informational item at the City Council meeting of May 5, 1998, Item B4.
HEARING SET ON: Review of the Planning Commission’s decision requested by Mayor Daly and
Council Member Lopez.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - May 21, 1998
Mailing to property owners within 300 feet - May 20, 1998
Posting of property - May 22, 1998
Mayor Daly. He believes this particular expansion of an important auto dealer in the heart of the City is
good for the City economically and for this neighborhood, but there are some details in terms of the
setback issues that need to be resolved and the reason why he asked for a review of the Planning
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
Commission’s decision. He notes the only real issue remaining is the minimum landscape setback along
the street. He asked to hear from the property owner.
Mr. Sherwood Oklejas, 215 S. Euclid Street, Anaheim. He and his wife are the owners of Anaheim
Chevrolet and have occupied the property since 1982. Within the last year, the opportunity has
presented itself for them to expand into the abandoned Bob’s Big Boy property and additionally the old
Mobil gas station. The matter came before the Planning Commission in April unfortunately after the
issue just discussed by the Council (see Item D2.) and it went on for hours. He did not have a chance to
stay and present his case and the Planning Commission approved what staff recommended. He would
like to have alternatives granted in order to properly merchandise the automobiles to the buying public
and make more money for the dealership. He had photos taken of the property in its present condition
and has an engineering layout of the proposed changes. He could give that to the Council and walk
through the conditions.
Mayor Daly asked him to summarize what he is proposing in the way of conditions vs. what the Planning
Commission adopted.
Mr. Oklejas noted the changes he would like to have as follows: They presently occupy 590’ on Euclid
Street with a 4’ setback including the 160’ they just got approved the end of last year for the Bob’s Big
Boy site. That is at 4’. Their previous 430’ is at 4’. The additional 125’ on Euclid by the approximate
130’ on Lincoln would be a matching landscape. They put in grass and flowers on the Bob’s lot.
Southwest Euclid and Lincoln far surpasses any of the other three quadrants. Staff asked that two
driveways from the previous use on Lincoln and one on Euclid be closed. He believes they meant two
on Euclid and one on Lincoln since if the other driveway is closed on Lincoln, there would be no exit for
Arby’s restaurant. He is not opposed to closing the driveways but does not want to pay for reinstalling
curbs. He is not opposed to putting the 4’ landscaping in where the driveways were but as a long-time
business, he should not be required to put the curbs in.
Another issue relates to the bollards required to be put back 22’ and he would like to have those 4’ just
behind the landscape. He is also being asked to get approval for the bollards. He is going to make them
nicer than any others but he does not want to have to go back to City departments to get approvals.
They are going to be the same material but hooked together with chains and painted white so they fit with
the landscape.
They wanted him to put in trees on the small parcel. The only place they could put trees would be on the
western side of the lot that is next to Arby’s. If that is done, it would block off all visibility for the cars
leaving Arby’s and he has already put the trees further west on the other side of Arby’s all the way to his
present building.
Another issue, they want him to seek approval for the landscaping they put in and approval on the
lighting. He had an expert in lighting design determine what the lot should have and he brought the
material with him. He would like to get this all done at one time.
Mayor Daly. He has a total of six issues. He asked Planning staff if all the issues are worked out.
Joel Fick, Planning Director. The issues before the Council tonight would have been resolved at the
Planning Commission hearing but, as Mr. Oklejas mentioned, his item was heard late in the evening. He
asked Greg Hastings to speak to a couple of the items.
Mayor Daly first asked if all of the conditions were those recommended by Planning staff; Greg Hastings,
Zoning Division Manager answered, yes. He explained that the landscape plan and the plan for the
bollards are both conditioned to come back only for Planning staff review. The lighting plan was
requested to come back as a Report and Recommendation item (to the Planning Commission) but staff
would be satisfied to look at that at an administrative level. That takes care of Condition 2, 4 and 8.
Relative to the driveways, the requirement was that the two existing driveways on Lincoln be closed and
on Euclid Street that one of the two be closed. There is an existing driveway that services Arby’s which
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
is not part of this so he is confused about the comment made. That is a standard condition
recommended by Public Works. Condition No. 1, the amount of landscaping to be installed, the
requirement is 10’ of landscaping be remaining after the Critical Intersection (CI) take. That will be 12’.
There is a total of 22’ of landscaping and at the time the CI occurs, there will be 10’ remaining. Staff felt
this was a fair requirement because it is on the corner of an intersection. It is true that the property to the
south had a condition requiring 4’ of landscaping. Currently, as well as at the time the widening occurs,
that 4’ will be moved back at the applicant’s expense.
At this point, Mayor Daly asked if there was anyone else present who wished to speak either in favor or in
opposition; no one was present.
Council Member McCracken. She asked for clarification relative to landscaping at the intersection. He
has landscaping 4’ all the way down through two properties. Are they looking at more landscaping at the
corner or putting 10’ along the edge of both streets, Lincoln and Euclid.
Greg Hastings, The piece under consideration today, the old service station, there is a requirement for
10’ of landscaping on Lincoln and Euclid. It is a Code requirement. The original dealership was
constructed at a time when they had a 4’ requirement. When Bob’s Big Boy came in, there was a waiver
to reduce it from 10’ to 4’ and Mr. Oklejas is asking at this time that this be reduced to match that 4’.
There is no other landscaping required on the property.
Mayor Daly asked if the owner only landscapes the 4’ strip, what happens when the intersection is
widened and has there been a negotiation in terms of land acquisition; Greg Hastings. Relative to the
latter, he does not believe so.
Mayor Daly surmised then that the City is going to have to acquire part of the corner anyway; Mr.
Hastings stated that was correct. There is a note in the staff report indicating widening of Lincoln and
right-of-way acquisition will begin after July, 1998 with construction to begin after July, 2000. The
widening is not yet scheduled on Euclid Street in the current five year Capital Improvement Plan.
Mr. Oklejas stated he spoke with Erik Weibke in Public Works who told him there is no need for the City
to buy any of the property or take any of the property under discussion.
Mayor Daly stated he believes the entire site is in the Redevelopment area; Joel Fick, Planning Director
clarified that was correct and part of the staff recommendation was in concert with the Redevelopment
Plan for that street.
Mayor Daly. The City will need some part but no decision has been made on how much. At the same
time, the staff recommendation does not deal with dedication.
Joel Fick. The issue tonight is just that the code requirement for the landscaping is from the ultimate
property line; hence, the variance issue before the Council tonight.
Mr. Oklejas. There is a clear exception in the code for adjoining property. That is the reason they
granted it on Bob’s Big Boy. They could not argue with that.
Mayor Daly. Staff has indicated relative to reviewing the bollard plan, landscape plan and lighting plan
that Mr. Oklejas simply provide those to staff and there is an administrative review that takes place
where he does not need to come back to the Planning Commission or City Council. Those were three of
the issues. They should now focus on the driveways. Staff indicated three need to be closed.
Greg Hastings. That was a requirement that Public Works asked for which would leave the Arby’s
driveway.
Mayor Daly. He does not understand why Redevelopment is not present. This is an auto dealer
expanding in a City Redevelopment zone and financial issues are involved. He does not know how they
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
can make a decision without their input -- closing driveways and who pays for them. He asked to hear
from the Planning Director.
Joel Fick. Redevelopment traditionally has been involved with projects like this. He believes
Redevelopment had some small participation in some of the landscaping on the other site; Mayor Daly
asked if it was participation meaning helping to fund it or suggesting what it should look like.
Mr. Fick answered both.
Mr. Oklejas took exception stating Redevelopment has not helped but have been an obstruction. They
tried to get him to buy the palm trees the City was scheduled to put in.
Mayor Daly. He is not sure they are going to be able to resolve the driveway issue tonight. He asked the
City Attorney if it was permissible to ask the City to bear the cost.
City Attorney White. The City has to have a public purpose for whatever expenditure it makes. If not,
City money cannot be used.
Joel Fick. If it is the Council’s desire and direction that City staff explore the matter, it is a recommended
condition by the Public Works staff and the Planning Commission but not a condition that has to be
imposed this evening. It could be deleted and City staff could explore other financing options for that
and report back to the City Council.
Mr. Oklejas. Staff said in the alternative if the driveways are not closed, then they recommend the
property be landscaped so no one could use the driveways. That is acceptable to him.
Mr. Fick. It is a traditionally recommended condition that the standard curb and gutter be installed. If
alternative financing should be explored, that is something staff could look at and bring back to the
Council.
Council Member Tait. They are talking about the cost of the curb, gutter and sidewalks and there could
be a continuance to explore Redevelopment’s participation. He surmises Mr. Oklejas is saying he does
not want a continuation.
Mr. Oklejas stated he would recommend that the landscape go across completely with the bollards and
that will accomplish the same thing. He does not need the driveways.
After additional discussion on the driveway(s) issue, Mayor Daly noted there was an issue regarding
trees; Mr. Oklejas stated they have put trees all the way across the western side of the property from
Lincoln to their existing building. He clarified he would like that portion of the condition deleted.
Greg Hastings then summarized at the request of the Mayor the changes to conditions contained in
Planning Commission Resolution No. PC98-59 as discussed:
Condition No. 1- Last line to be deleted. If Couuncil approves a 4’ landscape area -- condition to state --
landscaped planter shall be reduced to 4’ upon completion of expansion.
Condition No. 2 - To remain as is. Staff would be reviewing the landscape plans.
Condition No. 3 - To remain as is.
Condition No. 4 - Re: bollards -- staff to review the plan.
Condition No. 5 - No change.
Condition No. 6 - No change.
Condition No. 7 - Deleted.
Condition No. 8 - Staff will handle this administratively rather than taking it back as a Report and
Recommendation item.
Condition No. 10 - Delete, Condition No. 7.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JUNE 2, 1998
Mayor Daly asked, assuming these are approved, which staff person Mr. Oklejas can coordinate with and
submit the plans to; Greg Hastings. He stated if the documents are submitted directly to him he will
handle the matter.
Mayor Daly closed the Public Hearing
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION:
On motion by Mayor
Daly
,
seconded by Council Member
Zemel
, the City Council approved the Negative Declaration upon finding
that it has considered the Negative Declaration together with any comments received during the public
review process, and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment. MOTION
CARRIED.
Mayor Daly offered Resolution No. 98R-105 for adoption, granting Conditional Use Permit No. 4017 with
amendments to conditions as indicated above.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 4017.
Roll Call Vote on Resolution No. 98R-105
for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 98R-105
duly passed and adopted.
In closing, Mayor Daly asked that Mr. Oklejas coordinate with Mr. Hastings and if any other issues arise
that he let them know. Speaking to the City Manager, he emphasized where there is a significant
economic development issue in a Redevelopment area, they need to know Redevelopment’s
involvement and what they are recommending be done to accomplish Redevelopment strategies which
may be distinct from the land strategies. Most auto dealers who expand in this manner in a
Redevelopment area are asking more than this property owner asked.
ADJOURNMENT: By general Council consent, the City Council Meeting of June 2, 1998 was adjourned
to Tuesday, June 9, 1998 at 2:00 P.M. (7:35 P.M.) for the pupose of continuing the 1998/99 Budget
Workshop presentations.
LEONORA N. SOHL
CITY CLERK
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