1998/08/11ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
AUGUST 11, 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
ASST. CITY CLERK: Ann Sauvageau
ZONING MANAGER: Greg Hastings
CODE ENFORCEMENT MANAGER: John Poole
PLANNING DIRECTOR: Joel Fick
UTILITIES GENERAL MANAGER: Ed Aghjayan
EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:15 a.m. on
August 7, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Daly called the workshop portion of the Council meeting of August 11, 1998 to order, all Council
Members being present, and welcomed those in attendance (3:17 p.m.).
City Manager, James Ruth. He introduced Ed Aghjayan, the Public Utilities General Manager, who will
give today’s presentation.
STRATEGIC OPTIONS UPDATE - PUBLIC UTILITIES:
175:
Ed Aghjayan, Public Utilities General
Manager. Relative to the restructuring (of the Public Utilities), they have arrived at a short list of finalists
of eight proposers. The City is proceeding with five of those eight finalists. At the conclusion of the
subject update, he will also present a few slides relative to the electric restructuring status. Mr.
Aghjayan’s presentation, supplemented by slides, hard copies of which were submitted (see, 26-page
submittal - Strategic Options Update - Anaheim City Council - August 11, 1998 - made a part of the
record) covered the following: Strategic Options Process (electric industry restructuring, guiding
principles developed), Guiding Principles, Background (Council approved Strategic Options Process
November, 1997), Finalist Selection (21 proposals received, 8 proposers selected for second round, City
is proceeding with 5 finalists), Strategic Alliance Finalists (Comverge Technologies, Inc., Enron Capital
and Trade, Inc., Idaho Power Company, Salt River Project, Southern California Edison Company),
Summary of Offers, Power Supply Asset Optimization, Overall Benefits - Power Supply, Technology and
Beyond the Meter Services, Overall Benefits Beyond the Meter, Distribution O&M/Customer Care,
Overall Benefits - Distribution Services, Potential Annual Benefits of Offers. He then discussed the next
steps to take place, the schedule being one to four months more work depending upon complexity with
regular briefings to the City Council Liaison Committee and regular updates with the City Council and the
Public Utilities Board. Before concluding, he addressed the electric restructuring status, impact on
Anaheim (see pages 22-26 of the submittal) and current restructuring issues. At the conclusion of the
presentation, questions were posed by Council Members which were answered by Mr. Aghjayan.
Mayor Daly thanked Mr. Aghjayan for the informative presentation. The Council is looking forward to the
department’s progress and the final outcome of their efforts.
REQUEST FOR CLOSED SESSION: City Attorney, Jack White, requested a Closed Session noting
there is an addition to the Closed Session Agenda which was not known at the time the agenda was
posted having to do with matters of safety to public services. It will necessitate waiving the Brown Act.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
MOTION: Mayor Daly moved to waive the 72-hour posting provision of the Brown Act adding Item No. 7
to the Closed Session Agenda. Council Member Zemel seconded the motion. MOTION CARRIED.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Clos
ed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LABOR NEGOTIATOR
1.
Employee organization:
Anaheim Fire 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 REAL PROPERTY NEGOTIATOR
3.
(Government Code Section 54956.8)
Property:
Sportstown Project (approximately 40 acres south of Katella/east of State College
Boulevard).
Negotiating parties:
Forest City Development California, Inc. and City of Anaheim.
Under negotiation:
Price and terms.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
4.
54956.9 (a) - EXISTING LITIGATION
Name of case:
Jojo’s California Family Restaurants v. State of California, et al., Orange County
Superior Court Case No. 76-65-56.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
5.
Si
gnificant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the
Government Code:
One
potential case.
Existing facts and circumstances:
threatened litigation by property owners concerning
amendments to CUP 3662 requiring owners to reduce roof height of buildings.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
6.
Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
One
potential case.
CONFERENCE WITH POLICE CHIEF:
7.
Concerning matters of
safety to public services. Government Code Section 54957.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the
motion. MOTION CARRIED. (3:47 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of August 11, 1998 to order at 5:12 P.M. and
welcomed those in attendance.
INVOCATION:
Pastor Bryan Crow of the Garden Church gave the invocation.
FLAG SALUTE:
Senior Girl Scout Troop 1325 presented the colors and led the assembly in
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
the Pledge of
Allegiance to the Flag.
PRESENTATION - GRADUATES - 1998 ANAHEIM NEIGHBORHOOD LEADERSHIP
119:
ACADEMY:
Mayor Daly. This is the first graduating class of the Anaheim Neighborhood Leadership
Academy which is a City-sponsored and funded program designed to provide leadership skills to help
accomplish neighborhood level problem solving.
Steve Swaim, Community Services Superintendent. As the Mayor stated, this is the first graduating
class of the Anaheim Neighborhood Leadership Academy. The indivduals went through a “grueling”
eight weeks in about 40 days. They come from 10 neighborhood projects where the Police Department,
Code Enforcement, Neighborhood Services and other departments are working and gained a number of
leadership skills to help them take over their own neighborhoods when City services move on to new
areas. Theyy have learned how to problem solve, how to make presentations, and basically learn what
the City is all about and how to work closely with City staff. He then introduced the graduates who were
able to be present tonight also noting the neighborhoods they represented:
Ignacia Alvarez, Barbara Amsbury, Ruben Arelano, Francisco Ceja,
Joy Hasting, Patricia Kotter, Michelle Morton, Laura Romero, Lila Jaegers
Unable to be present: Eleanor Chairez, Valeria Ann Chairez, Debra Gray,
Patricia Reas, Sandra Reitz, Chris Salmon, Tina Salmon, Katherine Tikker,
Susan Wright
Mayor Daly and Council Members congratulated each of the Academy graduates/participants. The
Mayor noted that the members of this class focused their efforts on coming up with a community problem
solving project and asked him to highlight it this evening, that being a community garden project at the
corner of Pythias and Damon Streets which will solve the long-standing problem of that blighted lot.
They will be hearing more details in coming weeks as Mr. Swaim and City staff bring the details forward.
PRESENTATION - RECOGNIZING ANAHEIM SENIOR GIRL SCOUT TROOP 1325 FOR
119:
RECEIVING THE GOLDEN CLIPPER AWARD:
Lorena Dayton, Advisor, Girl Scout Troop 1325. She
first thanked the Council for having the Troop at the Council Meeting tonight. She explained that Girl
Scout Troop 1325 was founded in 1975 especially noting that Frankie Morris, a former City employee in
the City Attorney’s Office (now deceased) was the founding Mother of the Troop. They owe much to
Frankie Morris. She further explained that the Golden Clipper Award is the highest award earned. The
girls come from over 15 different high schools and they put a great deal of time and effort in studying to
attain this award.
Mayor Daly and Council Members personally greeted, congratulated and commended the Advisors
present and the members of the Troop. Each of the Scouts were presented with a Flying “A” award:
Malia Frutschy, Yara Portal, Vivian Carroll, Deidre Fields, Margaret Caballero,
Heather Cruz, Sylvia Do, Erin Dwight, Mandy Haeberle, Christina Helbig,
Jackie Hernandez, Amie Howell, Teresas Jackson, Karen Kobayashi, Laura
Kramer, Janice Lake,
Linda Margosian, Marla Panlagua, Monique Pineda,
Lori Rider, Erika Zemmol - Unable to be present: Veronica Ramallo and
Christine Lester
PRESENTATION TO ANAHEIM POLICE DEPARTMENT FOR EXEMPLARY SERVICE:
119:
Presentation by Microsoft Corporation to the Anaheim Police Department.
Mr. Al Kaberloff, on behalf of Microsoft, thanked the Anaheim Police Department for their work in seizing
pirated (counterfeit) software. The Crimes Detail Unit seized 1,100 counterfeit copies of Windows ‘98
valued at over $90,000. The department’s swift action in this case sends a message that counterfeit
software is illegal and will not be tolerated. He explained the enormous impact of such activities on
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
society. Plaques were then presented to the following for their outstanding work, first recognizing Chief
Gaston and the Anaheim Police Department:
Mel Vyborney, Duane Goetz, Judi Harmon, Chuck Alvarado, Tim Crawford,
Mike Freeman, Chuck Knight, Todd Kridle, Sgt. Lou West
Mayor Daly and Council Members commended the Chief, the Police Department and the individuals
involved.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $2,128,609.06 for the period ending
August 3, 1998 and $3,454,288.96 for the period ending August 10, 1998, in accordance with the 1998-
99 Budget, were approved.
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
PUBLIC COMMENTS - AGENDA ITEMS:
A number of people spoke on Item A16. See discussion
under that item.
ITEMS OF PUBLIC INTEREST:
Joe Corrado, 1772 W. Crescent (between Crescent and Manor and Crescent and Westmont, Anaheim).
He has been working for eight months trying to get something done on W. Crescent between Euclid and
the Santa Ana Freeway. He has called about 15 different people including the Police but cannot get
anything done. He proceeded to outline his concerns such as standing water breeding mosquitoes,
speed limits, debris, etc.
Mayor Daly interjected and asked Mr. Corrado, since he has a variety of issues, to share whatever
details he has with the City Manager and subsequently the City Manager will get back to him to answer
his concerns.
* * * * * * * * * * * * * * * * * * *
Lawrence F. Condon, EVEC Systems, Inc. He submitted a booklet containing documentation regarding a
proposal to supply and install vehicle exhaust capture systems at eight fire stations in the City with a
covering letter to the Mayor and Council dated August 6, 1998. He first reminded the Council that he
had been before them speaking on this same issue 1 1/2 years ago concerning Station #3. Everybody
submitted their proposals for the exhaust systems for the fire stations. He then explained the situation
from the beginning. The Fire Department tried to sole source this and the only reason he got to bid was
because he called the Purchasing Department and Purchasing finally agreed to let him bid. He did so
and called the City a few times to find out the outcome and was told nothing had been decided. On July
14, 1998, he found out that the City awarded the bid to his competitor whose quote was over $16,000
higher than his. He explained for the Mayor as outlined in his documentation that EVEC was disregarded
for something that doesn’t exist, “It was deemed that EVEC/Hillcrest air conditioning proposal was not
ISO9001 certified and was eliminated from further consideration.” In checking further, he found out that
ISO9000 certification guarantees nothing.
Mayor Daly interjected and asked Mr. Condon what he would like the City to do with regard to his
concern; Mr. Condon answered, put a stop to the project as it stands and review it to see why this
happened. It should not be awarded to Air Cleaning Systems because it was awarded on the statement
that they (EVEC) were eliminated because they were not ISO9000 certified which is not true.
After further discussion and questioning, the Mayor directed the City Manager and his staff to look over
the package submitted by Mr. Condon and give a response back to the Council; Council Member Zemel
asked that they incorporate in that direction for the City Manager to look into all the issues broached by
Mr. Condon.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
* * * * * * * * * * * * * * * * * * * * * * *
Hussam Ayloush, Director of Council on American Islamic Relations/Anaheim Chapter. He lives in
Anaheim and is a Director in the subject organization. He is bringing to the Council’s attention a case of
what he considers discrimination and harassment, at least alleged, by the Public Utilities Department
against a Senior Engineer, Saed Moujtahed. He has contacted the Mayor and other people in the City
and has not gotten a response except lately, just last week.
Mayor Daly interjected and stated he wanted to correct any misunderstanding. The Human Resources
Director was instructed to call him (Ayloush) as well as any other persons who had called on the subject
as of last Friday. He was told every person who called received a response either from the City
Manager’s Office or the Human Resources Director to this personnel matter.
Mr. Ayloush. He stated yes, but it was an unsatisfactory response because the City claims the whole
thing was investigated and found the person to have committed these allegations but allowed the same
supervisor to have major input on the evaluation of the engineer. He got a poor evaluation and a written
reprimand from that same supervisor who just a few months before was harassing him.
Mayor Daly asked the City Attorney to describe the role of the City Council in personnel matters such as
this and if the Mayor and Council can take direct action.
City Attorney White answered, no. Under the terms of the City Charter it is under the purview of the City
Manager and Administration. Any person has the right to address the Council within the time limits
provided. His understanding is that this matter is still in an administrative process. There are legal
procedures open to any employee who has a complaint about any personnel action taken and available
to this employee as well. While the Council can listen and take input, there is nothing tonight the Council
can do to take an action on this matter.
Mayor Daly asked to hear from the City Manager on the status of this matter.
City Manager Ruth. There was an evaluation of this employee. His understanding is the employee is on
disability leave right now. He exhausted short-term disability leave and now is on long-term. The City is
attempting to resolve the issue with him. They have not consummated any final action on this matter.
They are waiting for the employee to respond back. They have investigated the allegations as any
allegation of that nature. The City has a long history of excellent response on these issues. Appropriate
action, in their opinion, was taken against the supervisor and that part of the investigation is concluded.
If there is any new or additional information from the employee, they would be glad to explore it. His
understanding is it is a disability case and the employee has not made a determination on whether he is
coming back to work or is going to file for permanent disability.
Hussam Ayloush. There is a large American-Muslim community in Anaheim that is very concerned
about this attitude and want to know if they are going to be the next “victims”. He has with him over 250
petitions signed by people who contacted their office. They are upset knowing the same person who was
found guilty of harassment to be given the right to have an evaluation of Mr. Moujtahed. It was a
mistake that they allowed a case of harassment to become a case of discrimination because this person
was allowed to evaluate. He would like the City to take action in reinvestigating the whole issue and to
revoke what he considers the poor evaluation which was given.
Mayor Daly. He saw copies of letters sent from the Human Resources Department to representatives of
the American-Muslim community as well as letters from the Public Utilities Department General
Manager. He asked Mr. Ayloush if he saw any of those letters; Mr. Ayloush answered, yes.
MOTION:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
Mayor Daly moved to waive reading in full of all ordinances
and resolutions to be acted uopn for
the Council meeting of August 11, 1998. Council Member Lopez seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A24:
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-161A
through 98R-163
, both inclusive, for adoption.
Mayor Daly offered Ordinance Nos. 5638
and 5639 for adoption and Ordinance No. 5640 for first
reading. 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 submitted by
Teofilo & Maamina Alvarado
for
bodily injuries
sustained purportedly due
to actions of the City on or about
January 29, 1998
.
b. Claim submitted by
Corby & Frieda Fox
for
bodily injuries
sustained purportedly due to
actions of the City on or about
December 28, 1997
.
c. Claim submitted by
Christina Blanchard
for
bodily injury
sustained purportedly due to actions
of the City on or about
February 14, 1998
.
d. Claim submitted by
James Gault
for
property damage
sustained purportedly due to actions of
the City on or about
June 17, 1998
.
e. Claim submitted by
Giorgino Salcedo
for
property damage
sustained purportedly due to
actions of the City on or about
June 21, 1998
.
f. Claim submitted by
State Farm Insurance
, Insured: Hoyt Vanderpool for
property damage
sustained purportedly due to actions of the City on or about
November 8, 1997
.
g. Claim submitted by
Sherry Mendoza
for
property damage
sustained purportedly due to
actions of the City on or about
May 15, 1998
.
A2.
150: Awarding a contra
ct to the lowest responsible bidder, United Builders, in the amount of
$61,150 for Ponderosa Park Shade Canopy Improvement; 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.
A3.
175: Awarding a contract to the lowest responsible bidder, Valverde Construction, Inc., in the
amount of $223,149 for I-5 Segment A3 Water Facility Relocations Ph
ase II; 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.
123: Approving an Agreement with Montana Testing and Geotechnical, Inc., to provide testing,
inspection and consulting services for City Capital Improvement Projects.
A5.
106: Amending the FY 1998/99 Public Works Department Capital Improvement budget by
increasing expenditur
es in Fund 440 (Capital Outlay) by $100,000 for the Lincoln Avenue/State
College Boulevard Intersection Landscaping Project.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
169: Awarding the contract to the sole responsible bidder, Southland Construction, in the
amount of $199,390 for the Lincoln Avenue/State College Boulevard Intersection Landscaping
Project.
A6.
170: Approving the Final Map of Tract No. 15130, and the Subdivision Agreement with Kaufman
and Broad; and authorizing the Mayor and City Clerk to execute said agreement. Tract No.
15130 is located within The Summit of Anaheim Hills Specific Plan Area on Wildview Terrace,
Fallbrook Way and Sunset Crest Street, and is filed in conjunction with Specific Plan No. 88-2.
A7.
123: Approving the Department of Transportation Street Lighting Utility Agreement No. 12-UT-
453 for I-5 Freeway Widening Project Segment D, at an estimated cost of $34,200 for the City’s
share.
A8.
123: Approving a Third Amendment to Agreement with UMA Engineering, Inc., in an amount not
to exceed $37,475 for
Imperial Highway Smart Street Improvements from the Santa Ana River
to Santa Ana Canyon Road; and authorizing the Mayor and the City Clerk to execute said
Amendment.
A9.
158: Approving an Acquisition Agreement for real property located at 956 Walnut Street (R/W
5221) - Ball Road/Walnut Street Improvement Project; authorizing the Mayor and City Clerk to
execute said Agreement; and authorizing the acquisition payment of $20,000 in connection with
the Anaheim Resort Area Beautification Program.
A10.
16
7: ORDINANCE NO.
5638
(ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 14.40 of Title 14 of the Anaheim Municipal Code relating to speed
limits on City streets. (Introduced at the meeting of July 28, 1998, item A9.)
A11.
158: RESOLUTION NO.
98R-161A
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 5221)
158: RESOLUTION NO.
98R-162
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 5307, etc.)
A12.
123: Approving the Settlement Agreement with Tejas Partners, LTD., concerning purchase of
plans for the Douglass Street parking lot.
A13.
130: ORDINANCE NO.
5639
(ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM granting the Mobil Oil Corporation a franchise for the right to maintain and operate a
system of Pipelines for the transportation of o
il, gas and other substances in and across a portion
of Jefferson Street between Atwood Channel and Orangethorpe Avenue in the City of Anaheim.
(Introduced at the meeting of July 28, 1998, Item D2.)
Council Member Tait abstained.
A14.
160 : Accepting the low bid of Canada Power Products Corporation, c/o Matzinger-Keegan, in
the amount of $82, 056 for twelve 600 amp SF-6 subsurface switches, in accordance with Bid
#5821.
A15.
160: Accepting the low bid of Southern States, Inc., c/o Connectric, in t
he amount of $70,380 for
twelve 69 KV, 1200 amp disconnect switches for Southwest Substation, in accordance with Bid
#5826.
A16.
149: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM establishing a “No Parking” area in that area generally referred to as the Jeffrey-
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
Lynne Neighborhood for a period of one year. (Continued from the meeting of July 28, 1998,
Item A16.)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM
authorizing angle parking on the south side of Audre Drive between Ninth Street and
the east side of Michelle Drive; and from the west side of Jeffrey Drive to the west side of
Walnut Street. (Continued from the meeting of July 28, 1998, Item A16.)
City Manager Ruth. Relative to this issue, staff is requesting this be continued to September 1, 1998.
They need more time to work with the neighborhood and a private developer and will be coming back
with a report and recommendation on September 1, 1998.
The following people spoke on the issue at the beginning of the meeting under Public Comments on
Agenda Items:
Mr. Phil Iati, President of the Jeffrey-Lynne Owners Association, 317 Second Street, Huntington Beach.
He assumes the Council received the information he sent relative to the Haster-Orangewood area (onno
parking). There was no support for a ban at the outset but fortunately Code Enforcement and the Police
Department in their wisdom persisted in promoting the ban. To the best of his knowledge, there have
been no drive-by shootings in the area since 1995. He understands this is a “hot” issue; however, he
does not know why the Council is postponing it indefinitely.
Mayor Daly clarified it is not being postponed indefinitely but only for three weeks. The issue was
discussed at great length at the last meeting (see minutes of meeting of July 28, 1998) with input from a
variety of persons both pro and con.
Phil Iati. His concern is that the plan was so successful in the other two neighborhoods (Haster-
Orangewood and Balsam Avenue) where it was instituted that he is concerned that the success of the no
parking is becoming more of a factor than the problems of the neighborhood.
Francisco Ceja, 1303 W. Lynne, Anaheim. He thanks the Council for taking the time to do a serious
study. They are not against the proposed no parking but the residents want to know where they are
going to park.
William Moynihan, 1507 W. Cerritos, Anaheim. (See Mr. Moynihan’s input at the meeting of July 28,
1998). At the last meeting, he expressed the concern of the neighbors living just west of the Jeffrey-
Lynne neighborhood that if the City did impose no parking they might then have problems of people
parking in their neighborhood. He had an opportunity to talk to his neighbors -- 18 homeowners are
involved and 16 were available. He is pleased to report that all 16 residents and property owners have
signed a petition and will be requesting preferential permit parking for the 1500 block of West Cerritos.
They are asking that the Council support their request.
Mayor Daly. The Council has a copy of the letter. They appreciate the time spent to find a solution to
the problem.
Bob Ball, 1532 Laster, Anaheim. He asked if the reason for the postponement is to get more input from
groups or individuals.
City Manager Ruth. Staff wants more time to work with the community and with a private developer who
will be making improvements in the area. They are asking more time to work with City staff. It was felt a
continuance was in everybody’s best interest.
John Poole, Code Enforcement Manager. Staff has not scheduled any additional formal meetings with
anyone in the neighborhood. They have been meeting with a number of groups and individuals. They
met with Mr. Moynihan’s neighbors and outlined the parking procedures and are continuing to meet with
those concerned and involved. They are going to get back to United Neighborhoods who made some
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
proposals. He also stated that Lisa Stipkovich, Executive Director of Community Development informed
him that her staff is meeting tomorrow night with the apartment owners in the Jeffrey-Lynne
neighborhood. He confirmed for the Mayor that if Mr. Ball has questions or concerns, that he could
contact him.
Bob Ball. It seems the people resisting the plan want a status quo. He feels the benefits far outweigh
the self-serving status quo. He is concerned about the area.
Bill Dagenhard, property owner, 1324 Cerritos, Anaheim (home, 1741 Pomona Ave., Costa Mesa). From
an owner’s point of view, within the association, there is finally overwhelming support for the no parking
plan. His family owns a four-plex in the area for the past 15 + years. A lot of them resisted the change
at first; however, they are willing to make the sacrifice to turn the area around. He questions why they
are not proceeding. He does not know what the Redevelopment Agency’s input is going to be. Most of
the owners are not big corporations. A lot of little owners are going to be hurt but feel it is in the best
interests of the community and are behind it.
Gary Moyer, 211 W. Oak Park Drive, Claremont, owner of 1600 Ninth Street in the Jeffrey-Lynne area.
He has talked to a few Policemen and they feel it is difficult for them to get down through the alleys (of
the Jeffrey-Lynne area) and how much nicer it would be if they could go down the alleys with no cars. If
the Policemen of Anaheim are edging towards that type of situation, he thinks it would be better for all of
them. They are telling them it would clean up the area and gangs cannot hide behind cars or deal drugs.
He clarified he tends to be in favor only because it appears the Anaheim Police Department is favorable
and also the positive things that have resulted in other areas where no parking was instituted.
Paul Moreno, representing United Neighborhoods and Lulac Council # 3016. He thanked the Council for
the postponement. They are looking forward to continued dialogue with Code Enforcement. At this time,
they will withhold any comments until the next meeting.
Wayne Roberts, Vice President, Anaheim HOME, 2276 Colchester, Anaheim. Until Code Enforcement
comes up with a better plan to guarantee that all the working-class residents of the Jeffrey-Lynne
neighborhood have adequate parking for their needs, he asked that the Council postpone this vote until a
later date.
A17.
130: RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to extend the cable television franchise agreement between
the City of Anaheim and Century Communications Corporation for five years, and ordering a
hearing thereon. (Public hearing date: September 1, 1998, at 6:00 p.m.)
City Manager Ruth. This item is to be removed from the agenda at this time. There is no specific date
when it will be returned to the agenda.
A18.
123: Approving a JTPA Agreement between the City of Anaheim and the Anaheim Union High
School District (AUHSD) in the amount of $525,000 to provide for work experience and related
academic enri
chment activities for youth participants; and authorizing the City Manager to
execute said agreement and any modifications thereto.
Approving a JTPA Agreement between the City of Anaheim and the North Orange County
Regional Occupational Program (NOCROP) in the amount of $200,000 to provide work
experience and related academic enrichment activities for JTPA youth participants; and
authorizing the City Manager to execute said agreement and any modifications thereto.
A19.
123: Approving an Amendment to
Agreement between the Anaheim/Orange County Visitor &
Convention Bureau and the City of Anaheim which defines the annual dollar amount which the
Visitor & Convention Bureau will fund toward the costs associated with the expansion of the
Anaheim Convention Center.
9
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
A20.
108: ORDINANCE NO.
5640
(INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 3.04.140 of Chapter 3.04 of, and adding Chapter 3.18 to, Title 3 of
the Anaheim Municipal code relating to Business Licenses. (To provid
e for a reduced rate
Hobby Tax on small home based businesses.)
Mayor Daly offered Ordinance No. 5640 for first reading. Refer to Ordinance Book.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SECTION 3.04.140 IOF CHAPTER 3.18 TO, TITLE 3 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS LICENSES. (TO
PROVIDE FOR A REDUCED RATE HOBBY TAX ON SMALL HOME
BASED BUSINESSES).
A21.
123: Approving a Fifth Amendment to Agreement with Occu-Med, Inc., to continue their
services through June
30, 1999, in the area of occupational health and medical standards,
including pre-placement medical examination and quality assurance services.
A22.
123: Approving License Agreements 1614-59, 1614-61, 1614-63 and 1593-76 with the Union
Pacific Railroad Company for the construction, operation, and maintenance of power and
communication facilities crossing the Union Pacific Railroad Company right-of-ways.
A23.
114: Approving minutes of the Anaheim City Council meetings held July 14, 1998, and July 21,
1998.
A24.
168: RESOLUTION NO.
98R-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM RENAMING ROMNEYA DRIVE BETWEEN HARBOR BOULEVARD AND
LEMON STREET TO CARL KARCHER WAY.
Roll Call Vote on Resolution Nos. 98R-
161A
through 98R-
163
, 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-
161A
through 98R-
163
, both inclusive, duly passed and
adopted.
Roll Call Vote on Ordinance Nos.
5638
and 3639, 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.
5638
and 5639, duly passed and adopted.
END OF THE CONSENT CALENDAR. MOTIONS CARRIED.
APPOINTMENTS TO THE PLANNING COMMISSION FOR NEW TERMS EXPIRING JUNE
A25. 105:
30, 2002:
(Henninger, Peraza) The City Council at its meeting of July 28, 1998 nominated John Koos,
Harry Sidhu, Alden Esping and Steven Stavely to fill two seats on the City Planning Commission (see
minutes of July 28, 1998).
City Attorney White clarified for the Mayor that it was not necessary to renominate those already
nominated at the meeting of July 28, 1998.
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
Mayor Daly asked if there was any desire to add names to the list of nominees; no additional nominees
were offered.
A vote was then taken on the nominees in the same order in which they were nominated:
John Koos - Ayes: McCracken, Tait, Zemel, Daly. Abstained: Lopez.
Harry Sidhu - Ayes: Zemel, Lopez. Abstained: McCracken, Tait, Daly.
Alden Esping - Ayes: McCracken, Tait, Zemel, Daly. Abstained: Lopez.
Steven Stavely - Ayes: Lopez. Abstained: McCracken, Tait, Zemel, Daly.
Mayor Daly. Both Mr. Koos and Mr. Esping have received four affirmative votes and, therefore, are
appointed as City Planning Commissioners for the term ending June 30, 2002.
Council Member Lopez. He is changing his abstentions on both to a yes vote.
Mr. Koos and Mr. Esping were thereupon appointed to the City Planning Commission unanimously.
APPOINTMENT OF A TENANT REPRESENTATIVE TO THE REDEVELOPMENT AND
A26. 105:
HOUSING COMMISSION:
Appointment of a Tenant Representative to the Redevelopment and
Housing Commission to fill the unscheduled vacancy of Araceli Garcia for the term expiring June 30,
2001.
Council Member McCracken nominated Katherine Tikker.
MOTION. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed.
MOTION CARRIED.
MOTION. Mayor Daly moved to appoint Katherine Tikker as Tenant Representative to the
Redevelopment and Housing Commission. Council Member Lopez seconded the motion. MOTION
CARRIED
ITEMS B1 - B4 FROM THE PLANNING COMMISSION MEETING OF JULY 20, 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 11, 1998:
CONDITIONAL USE PERMIT NO. 3830 AND NEGATIVE DECLARATION:
B1.
179:
OWNER:
Dennis and Edith Berger, 1120 West Lincoln Avenue, Anaheim, CA 92805
AGENT:
Phillip Schwartze, 31682 El Camino Real, San Juan Capistrano, CA 92675
LOCATION: 1130 West Lincoln Avenue and 1203 West Center Street- Ace Fixtures Company.
Property is 0.22 acre, located on the south side of Lincoln Avenue, 505 feet east of the centerline
of Villa Place.
To consider reinstatement of this permit by the modification or deletion of a condition
of approval
pertaining to a time limitation to retain outdoor storage of materials for an existing retail restaurant
supply store.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied reinstatement of CUP NO. 3830
(PC98-109) (6 yes votes,
1 vacancy).
Negative Declaration previously approved.
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
The decision of the Planning Commission was appealed by Ace Fixtures in letter dated August 10, 1998 .
and, therefore, a Public Hearing will be scheduled at a later date.
VARIANCE NO. 4340, CATEGORICALLY EXEMPT, CLASS 11:
B2.
179:
OWNER:
Anaheim Hills Plaza, Inc., Attn: Bob Courtney, P.O. Box 16700, Encino, CA 91416
AGENT:
LEADS, Inc., Attn: Eric Hull, 1820 East 1st Street, Suite 550, Santa Ana, CA 92705
LOCATION: 460 South Anaheim Hills Road - Anaheim Hills Plaza.
Property is 11.4 acres located
at the northeast corner of Nohl Ranch Road and Anaheim Hills Road.
Waiver of (a) permitted commercial center identification and (b) maximum number of permitted
wall signs to permit 3 monument signs for the e
xisting retail center and 5 wall signs for a proposed
retail store (Sav-on).
ACTION TAKEN BY THE PLANNING COMMISSION:
Granted Variance No. 4340 - approved Sign Plan “C” with the elimination of the Liquor Sign
(PC98-110) (6 yes votes, 1 vacancy).
Council Member McCracken. She has a concern about waivers of signage in a residential community.
They have asked not just for monument signs, but also five wall signs. The Planning Commission gave
them four.
Council Member Zemel declared a conflict and will abstain from any discussion or decision on this
matter.
Council Member McCracken requested a review of the Planning Commission’s decision; Council
Member Lopez concurred and, therefore, a Public Hearing will be scheduled at a later date.
REPORT AND RECOMMENDATION ITEMS:
CONDITIONAL USE PERMIT NO. 3711, AND NEGATIVE DECLARATION
B3.
179:
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE:
Marvin Stober, 1811 East Mauretania Street, Wilmington, CA 90744, requests determination of
substantia
l conformance to permit and retain a 16 square foot addition to an existing freestanding
sign in conjunction with a previously-approved automobile service station with accessory uses.
Property is located at 5650 East La Palma Avenue - Texaco Service Station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that the sign plan is not in substantial conformance, and that the unpermitted 16
square foot panel shall be removed within 10 days.
Negative Declaration previously approved.
ADDENDUM FOR THE KOLL ANAHEIM CENTER (PREV.-CERTIFIED)
B4.
179
:
CONDITIONAL USE PERMIT NO. 3695 - REQUEST FOR REVIEW OF FINAL SIGN PLANS:
Anaheim Redevelopment Agency, 201 S. Anaheim Blvd., Rm. 1003, Anaheim, CA 92805,
requests review and approval of final sign plans for a previously-approved ice skating rink,
approved with an amusement arcade and an on-site restaurant with the on-premise sale and
consumption of beer and wine. Property is located at 300 West Lincoln Avenue - Disney Ice
.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final sign plans.
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
END OF THE PLANNING COMMISSION ITEMS FROM JULY 20, 1998.
ITEMS B5 - B6 FROM THE PLANNING COMMISSION MEETING OF AUGUST 3, 1998 :
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 13, 1998:
TENTATIVE PARCEL MAP NO. 96-132 - REQUEST FOR EXTENSION OF TIME,
B5.
170:
CATEGORICALLY EXEMPT, CLASS 15:
Growth Management Company, 3820 East La Palma Avenue, Anaheim, CA 92807, requests an
extension of time to comply with conditions
of approval. Property is located on the south side of
and at the terminus of Vista Del Sol, 1,500 feet east of the centerline of Country Hills Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Extension of Time for Tentative Parcel Map No. 96-132 , to expire July 22, 1999 (5 yes
votes, 1 absent, and 1 vacancy).
Categorical Exemption previously approved.
GENERAL PLAN AMENDMENT NO. 357 RECLASSIFICATION NO. 97-98-20
B6.
134:
WAIVER OF COUNCIL POLICY NO. 542
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4042 TENTATIVE TRACT MAP NO. 15704, AND
NEGATIVE DECLARATION REQUEST FOR CITY COUNCIL REVIEW OF 7a, 7c, 7d, 7e, 7f
and, 7g:
OWNER:
Florence Plaza, L.L.C., 550 West “C” Street, 10th Floor, San Diego, CA 92101
AGENT:
William Lyon Homes, Inc., Attn: Mitchell Bradford, 4490 Von Karman, Newport Beach,
CA 92660
LOCATION: 1203-1245 South Knott Street.
Property is 4.75 acres located south and west of the
southwest corner of Knott Street and Ball Avenue.
G
eneral Plan Amendment No. 357
- to redesignate this property from the General Commercial
land use designation to the Low-Medium Density Residential land use designation.
Reclassification No. 97-98-20
- to reclassify this property from the CL (Commercial, Limited)
Waiver of City
Zone to the RM-3000 (Residential, Multiple-Family) Zone or a less intense zone.
Council Policy No. 542 -
sound attenuation in residential projects.
Conditional Use Permit No. 4042
- to construct a 44-lot* (including 4-lettered lots) 40-unit*, 2-
story, detached residential condominium development with waivers of (a) minimum structural
setback abutting a major highway, (b) minimum distance between buildings, (c) minimum private
Tentative Tract Map No.
street standards and (d) permitted encroachment into setback areas.
15704:
to establish a 44-lot* (including 4-lettered lots) subdivision for the development of a 40-
unit*, 2-story, detached residential condominium complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Exhibit “A” of GPA NO. 357 (PC98-114)
(5 yes votes, 1 absent, and 1 vacancy).
GRANTED Reclassification No. 97-98-20 (PC98-115)
Approved waiver of Council Policy No. 542.
Waiver of code requirement APPROVED, IN PART.
CUP NO. 4042 GRANTED, IN PART (PC98-116).
Tentative Tract Map No. 15704 Approved.
Approved Negative Declaration.
Approved request for City Council review of this project.
This matter will be set for a Public Hearing before the City Council necessitated by the General Plan
Amendment.
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
END OF THE PLANNING COMMISSION ITEMS FROM AUGUST 3, 1998.
Mayor Daly offered Ordinance No. 5641 through 5644 for first reading.
B7.
179: ORDINANCE NO.
5641
(INTRODUCTION) Amending Title 18 to rezone property
under Reclassification No. 96-97-10 located at 128 and 202 South Olive Street (PORTION A); and
203, 209, 211 and 215 South Olive Street (PORTION B) from the RM-1200 zone to the RM-2400
zone.
B8.
179: ORDINANCE NO.
5642
(INTRODUCTION) Amending Title 18 to rezone property
under Reclassification No. 97-98-06 located at 7777 East Santa Ana Canyon Road from the CO
zone to the CL zone.
B9.
179: ORDINANCE NO.
5643
(INTRODUCTION) Amending Title 18 to rezone property
under Reclassification No. 97-98-09 located at 112-218 South Brookhurst Street from the CL zone
to the RM-3000 zone.
B10.
179: ORDINANCE NO.
5644
(INTRODUCTION) Amending Title 18 to rezone property
under Reclassification No. 97-98-16 located at 8015-8095 East Cry
stal Drive from the CL(SC)
zone to the ML(SC) zone.
CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D1.
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 C
ollege 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 vacancy).
Denied waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of June 2, 1998, Item B5. Letter of appeal submitted by Carl
Beckmann, President of Everest Storage.
Public H
earing continued from the meeting of July 21, 1998, Item D1.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - July 9, 1998
Mailing to property owners within 300 feet - July 2, 1998
Posting of property - July 10, 1998
Mayor Daly. He asked if the applicant was comfortable with an additional continuance of two or three
weeks so that the Council can explore all the details of documentation submitted answering the points
raised by the Council at the Public Hearing on July 21, 1998 (continued to this date). He does not feel he
has had an opportunity to review this with Planning staff as he needs to.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
From the audience, a gentlemen (believed to be Mr. Carl Beckmann, President, Everest Storage) stated
if there were any questions tonight, they could answer those.
City Attorney White. If the matter is continued more than two weeks, they would need a stipulation from
the applicant agreeing to the continuance; from the audience, the applicant indicated his agreement with
a three-week continuance.
MOTION. Mayor Daly moved to continue the Public Hearing for three weeks to September 1, 1998.
Council Member Tait seconded the motion. MOTION CARRIED.
PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 300
D2.
155:
AMENDMENT NO. 3 OF THE ANAHEIM HILLS FESTIVAL
SPECIFIC PLAN (SP90-1)
CONDITIONAL USE PERMIT NO. 4030:
REQUEST FOR CITY COUNCIL REVIEW OF ITEMS 2a AND 2c
OWNER:
TWA-Anaheim Limited Partnership, 200 East Long Lace Road, #300, Bloomfield, MI
48303
AGENT:
American Housing Partners Inc., Attn: Robert Zamora, 19700 Fairchild, #170, Irvine, CA
92612
LOCATION: 135-185 South Festival Drive.
Property is 17.1 ares located on the south and west
side of Festival Drive, 762 feet south of the centerline of Santa Ana Canyon Road.
Amendment No. 3 of the Anaheim Hills Festival Specific Plan (SP90-1)
- proposal to amend
the Anaheim Hills Festival Specific Plan (SP90-1) to conditionally permit senior citize
n apartments
within Development Area 4 (Business Commercial Area). (Ordinance to amend code in
preparation.)
Conditional Use Permit No. 4030
- to permit a 259-unit, 3-story senior citizen apartment complex
within the Anaheim Hills Festival.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Amendment No. 3 of the Anaheim Hills Festival Specific Plan (SP90-
1) to City Council (PC98-96) (6 yes votes, 1 abstained).
GRANTED CUP NO. 4030 (PC98-97) - request City Council review.
EIR NO. 300
previously approved - request City Council review.
Informational item at the meeting of July 14, 1998, Item B1. Set for public hearing at the request
of the Planning Commission due to the Amendment to the Anaheim Hills Festival Specific Plan.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - July 30, 1998
Mailing to property owners within 300 feet - July 29, 1998
Posting of property - July 31, 1998
STAFF INPUT: See Staff Report to the Planning Commission dated June 22, 1998.
Mayor Daly first asked how many people (beside the principals) were present on this item; there were
none. He then asked for a brief summary from staff followed by the applicant.
Greg Hastings, Zoning Division Manager. He briefed the staff report to the Planning Commission dated
June 22, 1998 which described the specifics of the proposed project. It involves no waivers and is
considered to be less intense and less intrusive to the existing residents than the previously proposed
240,000 square foot office complex planned for the site. Further, the density is 15.2 units per acre which
is far below the 36 units per acre permitted elsewhere in the City.
Applicant’s Statement: Jeff Farano, Attorney, 2300 E. Katella, Ste. 235, Anaheim. He is representing
American Housing Partners. The proposal is to build a 259-unit, 3-story senior citizen apartment
complex on two undeveloped parcels (17.1 acres) which are part of the Festival Shopping Center behind
the movie theater. The Specific Plan they are seeking to amend calls for several office buildings to be
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
built on the site. Due to the economy and market changes, the proposed office buildings were never
built. As the project was more closely reviewed, the office buildings may not have been the best use for
the site. It is a buffer between the Festival and the residential behind it. The proposal down zones the
site to a less intensive use. The current Specific Plan does not permit residential uses. The applicant
wants to amend by way of a CUP. All the development standards of the Specific Plan meet or exceed
the exisitng development standards set forth in the zoning ordinance. A brief slide presentation will be
given to assist in describing the project. It is a high-quality project and senior citizen housing has not
been built in Anaheim for many years. Since amending the General Plan is serious, they wanted to
make sure the Council was familiar and comfortable with the proposed project. They will be glad to
answer any questions after the presentation.
Robert Zamora, American Housing Partners. He briefed the project (Victoria Woods) supplemented by a
slide presentation explaining that the nearest project to the one being proposed was completed about a
year ago in the City of Yorba Linda which was an instant success. There was a tremendous demand and
there is a waiting list of 185 people with some of those people coming from Anaheim Hills. The slide
presentation included an aerial photo showing the site and surrounding areas, gave the location benefits
(proximity to shopping, entertainment, public and regional transportation, medical facilities), showed the
view in all directions (view from homes to the south, southeast, etc.), the landscape buffer along Festival
Drive, the natural buffer to the southwest, the site plan (architectural design and details, colors, etc.), site
plan cross sections, proposed use (259 units, 140,000 sq. ft., 39 buildings, 70% landscaped, etc.),
simulated view of the office buildings that were originally planned for the site and simulated view with the
proposed apartment project. He clarified for the Mayor that the project is going to pick up all the
elements of the Festival Shopping Center and comparable color scheme. He concluded his presentation
with slides showing floor plans, the carport parking areas (proposed vs. permitted parking which meets or
exceeds requirements), and other development standards.
Mayor Daly asked if any members of the public wished to speak; there being no response, he closed the
Public Hearing.
City Clerk Sohl. In speaking with the Planning Director, he would like to know if it is possible for Mr.
Zamora to provide a colored set (hard copies) of the material shown in the slides in order to have it in the
planning files for future reference.
Robert Zamora. He stated that is not a problem and can be provided.
Council Member Zemel. This is a great opportunity to get away from the large, intrusive office buildings
that were proposed. He is anxious to see it developed.
Council Member McCracken. It will be great for seniors and also for families looking for their senior
parents to live nearby. With all the planned activities, common areas, swimming pools, etc., it is almost
a nice resort area for retirement. It is a real addition to the community with mid-level and upscale senior
housing and rather than leaving Anaheim will have a place within the City limits.
Council Member Tait. He appreciates their bringing a first-class project to the City and for the fine
presentation as well.
ENVIRONMENTAL IMPACT REPORT FINDING - EIR NO.
300
:
On motion by Council Member
Daly
, seconded by Council Member
Zemel
, the City Council finds that on
June 22
,1998 it has previously Certified EIR No.300
making certain findings in connection therewith and
finding that there are no additional impacts in connection with the subject action. MOTION CARRIED.
Mayor Daly offered Resolution No. 98R-164 for adoption. Refer to Resolution Book.
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
A RESOLUTIION OF THE CITY COUNCIL OF ANAHEIM AMENDING
SPECIFIC PLAN NO. 90-1 FOR THE ANAHEIM HILLS FESTIVAL, AND
AMENDING RESOLUTION NOS. 90R-86 AND 90R-87 ACCORDINGLY
(AMENDMENT NO. 3).
Roll Call Vote on Resolution No. 98R-
164
for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAY
OR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 98R-
164
duly passed and adopted.
ORDINANCE NO.
5645
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending Ordinance No. 5109 relating to the Anaheim Hills Festival Specific Plan No. 90-1 (Amendment
No. 3).
Mayor Daly offered Ordinance No. 5645 for first reading. Refer to Ordinance Book.
AN ORDINANCE NO. OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 5109 RELATING TO THE ANAHEIM HILLS
FESTIVAL SPECIFIC PLAN NO. 90-1 (AMENDMENT NO. 3).
Mayor Daly offered Resolution No. 98R-165 for adoption. Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 4030.
Roll Call Vote on Resolution No. 98R-
165
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-
165
duly passed and adopted.
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D3.
179:
CONDITIONAL USE PERMIT NO. 4026, AND NEGATIVE DECLARATION:
OWNER:
EMIF, 1026 South Wall Street, Los Angeles, CA 90015
AGENT:
Hani El Haj, 944 South Brookhurst Street, Anaheim, CA 92804
LOCATION: 888 South Brookhurst Street.
Property is 1.78 acres located at the northeast corner
of Brookhurst Street and Brookmore Avenue.
To establish a 4,727 square foot convenience market within an existing 24,341 s
quare foot
commercial retail center with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4026 GRANTED (PC98-101) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of July 14, 1998, Item B5. Review of the Planning Commission’s
decision requested by Mayor Daly and Council Member McCracken.
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - July 30, 1998
Mailing to property owners within 300 feet - July 29, 1998
Posting of property - July 31, 1998
Mayor Daly. There was a request from the community, the neighborhood adjacent to the center, that a
Public Hearing be conducted. He asked if Bernadine Detweiler had been notified.
City Clerk Sohl. She answered, yes. Legal notices were also sent to the residents. She also belives that
Mr. Hastings, Zoning Division Manager, has spoken with some of them.
Mayor Daly. He first questioned staff regarding the waiver of parking spaces and also landscaping in the
parking lot.
Greg Hastings, Zoning Division Manager. He explained that 140 spaces are required and there are 139
existing. Previously the space was a Sizzler Restaurant which required more parking than this use. The
landscaping and parking lot are in fair condition; however, a condition of approval required the on-site
landscaping to be refurbished with 29 trees to be added along Brookhurst. They would be required to be
15 gallons or larger and staff would review the plan before they are installed.
Mayor Daly opened the public hearing and asked to hear from the applicant to summarize the request.
Applicant’s Statement: Jacob Jaliel (sp). He represents the owners of the property. The applicant is
Hani Haj. He is applying for a small grocery store with no sale of alcohol and not even cigarettes. After
reviewing Mr. Haj’s application and his background, they decided to accept his lease because they found
he is a very reputable man in the community with solid financials. His application does not involve any
change of zoning. They agree to all the conditions that the City has asked them to do. They will do it
and that is basically what he has to say.
Hani Haj. He is the tenant. His proposal is to open a produce and meat market. They attract a lot of
ethnic groups. He heard somebody objecting because it is going to create a traffic jam or crime. He
does not believe that to be so. The Sizzler Restaurant had more traffic and parking. He reiterated, he is
proposing a meat and produce market with some Middle-Eastern and European groceries. The project is
a good one. He confirmed that he will be the operator along with his wife and he has some employees.
There were no other persons to speak in favor.
Public Input - Opposition: Ledina Noriega, 2146 W. Liverpool, Anaheim, Vice President, Brookmore
Arms Homeowners Association. They sent a petition to the City Clerk (previously made a part of the
record) regarding this convenience store signed by many residents of the area along with residents of
Brookmore Arms. She reiterated the request as stated in the petition. “This petition concerns the zoning
for a convenience market at 888 Brookhurst (old Sizzler location). Our area at present has five (5)
convenience stores and two (2) 24-hr. supermarkets within the 2 block area on Brookhurst Street and
Ball Road and Orange Avenue. We do not need another convenience store.”
Since there were no other persons who wished to speak, the Mayor asked to hear a summation from the
applicant.
Summation by Applicant: Jacob Jaliel. Since they took over the center, they have spent a lot for
remodeling. They just added $7,000 or $8,000 worth of lighting to the property, redid the asphalt and are
spending as much as they can to bring it back from debt. They do not believe the City would permit
another restaurant in that space again because of the parking problem. One of the conditions is that
there is not going to be liquor or that kind of license permitted for the property. Any kind of restaurant
without liquor would be very hard to find for that space. There are already two restaurants on the
property. For each 1,000 sq. ft., a restaurant takes eight parking spots and a market takes 5 1/2. Putting
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
a restaurant there requires at least between 15 or 20 more parking spots in that center which won’t be
acceptable to the City. He reiterated they agreed to all the conditions proposed to them. If there is
anything else they can do or any other concerns, those can be discussed.
Council Member Zemel. He asked staff since Sizzler had beer and wine, does this property have a
license by right.
City Attorney White. Assuming it is not within a statistical reporting district that already has an
overconcentration of licenses, a license could be transferred if it was the same type of license. On-
premise is different from off-premise so they would not necessarily be able to transfer from a restaurant
to a convenience market.
Council Member Zemel then posed a line of questions to Mr. Jaliel relative to their approach in marketing
the space, who showed interest, etc. At the conclusion, Mr. Jaliel stated they are doing their best to keep
the center clean and updated. They screened very hard for tenants to make sure they get the right
people in the center.
Council Member Zemel. His thought process is two-fold -- one is to support the business and the other is
to support neighborhood issues/concerns. There is conflicting information from the homeowners. There
has been a push in the Brookhurst corridor to reduce adult entertainment businesses. He sees this as an
opportunity to fill 4,700 sq. ft. which otherwise could go to an establishment that would have alcohol
usage.
Joel Fick, Planning Director. He pointed out that Condition No. 11 of the Planning Commission
resolution does require that a letter be submitted by the property owner requesting termination of the
prior CUP that permitted beer and wine both in this and a prior restaurant presently vacant; Council
Member Zemel. This use would eliminate an already permitted use in that neighborhood.
Council Member Tait. This is referred to as a convenience market, but the concept sounds more like a
small grocery store selling meat and produce.
Joel Fick. He agrees. It is termed as a convenience market based upon the code definitions of the
square footage. Based upon the floor plans submitted, Planning Commission approval and
recommended conditions, the layout of the floor plan is in a traditional grocery store style format.
Mr. Jaliel confirmed for Council Member Tait that Mr. Haj does not sell alcohol or cigarettes; Council
Member Tait stated this does not seem it should be called a convenience market but a grocery store
which might be a better fit for this neighborhood.
Mr. Fick also clarified for the Mayor that in addition to prohibition of alcohol, there is prohibition on hot
fast food.
Mayor Daly. His concern is the signage is typical strip center signage and they want to set higher
standards for the Brookhurst corridor. There are 13 or 14 tenants and in theory the sign lists all of them.
They are trying to get away from that and in new projects ask for monument type signage or new
signage. He asked the possibility of converting to a monument sign or completely overhauling the sign
so that it will be more attractive.
Jacob Jaliel. They have not had a chance or opportunity to think about putting in a new sign. It involves
a huge expense. They are trying to put every dime into the property. All units need new air conditioning
-- they are painting, putting in new asphalt, etc. They are putting all their money into the property as of
now. Their focus is mostly on the buildings to improve the things that have been neglected for years.
They have not had a chance to do anything with the sign. They decided to paint it and make it more
attractive. They understand the City asked for a monument sign but later they waived that request.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
Joel Fick. The staff report comments on their recommendation for a monument sign. Upon further
delving into that with the property owner and because it is a multi-tenant center, even under the revised
code, they are allowed to have a multi-tenant freestanding sign because it is a center rather than an
individual use or uses. They (staff) withdrew the request for a change to the monument sign. If being
installed today, there would be additional enhancements associated with landscaping of the base. It
would be a more attractive sign if installed today.
Council Member McCracken. The top of the sign is six or eight feet high that still says Sizzler. Since the
restaurant is no longer there, the sign will ultimately have to be modified.
Joel Fick. It is an existing 25’ high sign. There are existing panels for the tenants. They are permitted to
replace those and it does not require a building permit.
Mayor Daly. It would be nice to see a new sign to modern standards. The question is whether that is on
the table. He would like to propose if they approve the installation of the specialty food store that they
require a monument sign. They could work with the owner to phase it in and give them time. It is
important to take this opportunity to clean up the site to the best of their ability. The only thing they can
regulate in the center is beer and wine and signage. It is a fair compromise since this is a neighborhood
that is opposed to the proposed food store. He asked staff to suggest a condition regarding the signage.
Mayor Daly closed the Public Hearing.
Joel Fick. Staff’s suggestion would be a phase-in approach so that perhaps within a three-year or two-
year time period something could be done; Mayor Daly interjected and suggested instead six months or
nine months again reiterating his reasons why he feels the signage should be brought up to date.
Joel Fick. Staff would recommend whatever time period would be appropriate or acceptable to the
Council and that within that time period a plan for the revised sign be submitted to the Planning
Commission for review and approval and ultimately reviewed by the Council if they would like. The sign
would be a monument type sign and enhanced in terms of character and style.
Mayor Daly asked if Redevelopment staff has a sign and graphics vision for this stretch of Brookhurst as
yet; Lisa Stipkovich, Executive Director of Community Development. They have an overlay zone they
are working on. It is actually an ordinance that is being prepared. It speaks not only to the signage, but
also the landscaping requirements and street trees along this length. They are working with Planning
staff to be sure from a landscaping standpoint, it will meet the new requirements along the Brookhurst
corridor. She would suggest that they work with the applicant to see if there is any way they can assist
with some design for the new sign or something of that nature. They have not had a chance to look at
any of the specifics. Perhaps they could even look at a more comprehensive rehabilitation. They could
work with the owner on some type of owner-participation basis to see if there is something they can do to
assist with the signage.
Council Member Zemel. There are probably leases which have rights to use the sign. The Council
needs to be cognizant of some of the business issues. It is clearly in the best interest of the City and the
neighborhood to take the sign down but basically what they are saying to the property owner, they would
like him to violate the leases and take the sign down. It is something they need to consider before they
are too quick to act and cause a worse problem. He is inclined to stay away from interfering with this
man’s ability to continue with his obligations under the leases that he has.
City Attorney White. He has not seen the leases. There are possible provisions in existing leases which
preclude simply removing and replacing the sign that would not include the names of individual tenants.
They may have paid for and have a binding lease that says they shall have their name displayed on a
freestanding sign.
Council Member Zemel also stated he feels there are other things they can do that might satisfy some of
the concerns of the residents. There are five other markets in the area which, as pointed out to him,
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 11, 1998
may not be operating with appropriate cleanliness. He would like to see Code Enforcement activities
stepped up in and around that area of Brookhurst with specific attention to the markets in the area which
might make this particular market more palatable to the neighbors.
Additional discussion then followed wherein there was further input from Mr. Jaleil and Haj upon
questioning from Council Members.
Mayor Daly subsequently suggested that they ask the applicant to work with staff for a period of two or
three weeks on the sign question. This is an opportunity to improve the appearance of the center and he
does not think it is unreasonable to ask for modification of the 25 ft. sign.
MOTION. Mayor Daly moved to continue the subject Public Hearing for three weeks. Council Member
Zemel seconded the motion.
Mayor Daly. Before a vote was taken, he asked that staff work with the property owner to come up with a
more attractive sign.
A vote was then taken on the foregoing motion. MOTION CARRIED.
Council Member Zemel. He also asked that Code Enforcement look into the situation relative to five
other markets reportedly not operating clean businesses. He would like a report and some enforcement.
Judith Ann Gollette. The Council is aware that there are five specialty stores within that Brookhurst
corridor. In and around these stores, there is dirt, filth, produce, flies, signage, etc. One of the stores is
selling cars illegally. There is a major problem and she would like to have Code Enforcement look into
the situation. There are a lot of signs that are not in English. She does not know if there is a policy
within the City relative to signage in English. She would like to see a study on that matter.
REPORT ON CLOSED SESSION ACTIONS:
C1.
112:
City Attorney Jack White stated that there are no actions to report.
COUNCIL COMMENTS:
C2.
114:
Council Member Zemel. He referred to the presentation at the beginning of the meeting acknowledging
the first graduates of the Neighborhood Leadership Class. The way he heard the program described
tonight seemed to be different than the way it was presented to the Council originally. At that time, he
voted against the program. With the description he heard tonight, he also would not have supported it
although he believes he heard two different descriptions. He would like to get a good idea of the
program -- who the speakers were, if the speakers were paid, how was the $30,000 (approved for the
program) spent, etc. There is also a program in the City called Leadership Anaheim which gives
scholarships and teaches what he heard tonight but the City does not pay $30,000 to an agency to run it.
He would like to get an audit and report on the specifics of the program to see how it measures up to the
description the Council got.
* * * * * * * * * * * * * * * * * *
Council Member Zemel. He announced that September 21-25, 1998 is Law Suit Abuse Awareness
Week. He sits on the Orange County Board of CALAW, Citizens Against Law Suit Abuse for which he
receives no compensation. He has with him a Proclamation issued by the Governor declaring Law Suit
Abuse Awareness Week which he would like to turn over to the City Manager to give to the
Governmental Relations Manager to put forward by next week a resolution supporting the Proclamation
by the Governor’s office to see if the Council will support recognizing Law Suit Abuse Awareness Week.
* * * * * * * * * * * * * * * * * * * *
Council Member McCracken. She announced forthcoming events at Pearson Park which were special
events ending this year’s Pearson Park Theater Program.
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* * * * * * * * * * * * * * * * * * * *
Mayor Daly. He asked that next week a discussion be agendized on the Parks and Recreation Facilities
Master Plan that the City currently has.
ADJOURNMENT: By general Council consent, the Council meeting of August 11, 1998 was adjourned.
(7:47 P.M.)
LEONORA N. SOHL
CITY CLERK
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