1998/08/18ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
AUGUST 18, 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 Sohl
ASST. CITY CLERK: Ann Sauvageau
PUBLIC WORKS DIRECTOR: Gary Johnson
ZONING MANAGER: Greg Hastings
PLANNING DIRECTOR: Joel Fick
TRAFFIC/TRANSPORTATION MANAGER: John Lower
TRANSPORTATION PROGRAMS PLANNER: Diana Kotler
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:15 p.m. on
August 14, 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 18, 1998 and welcomed those
in attendance (3:20 P.M.).
City Manager, James Ruth introduced James Francisco, Orange County Vector Control, who will, in turn,
introduce the principals present from the District.
ORANGE COUNTY VECTOR CONTROL DISTRICT - STATUS REPORT/UPDATE:
102:
Mr. James
Francisco, Educational Coordinator, Orange County Vector Control District (OCVCD) first introduced the
District’s new Trustee from the City of Anaheim, George Edwards and District Manager, Bob Sjogren.
Mr. George Edwards, Trustee, OCVCD, 2528 E. Bethel, Anaheim. (Former long-time employee in the
City’s Public Utilities Department). He thanked the Council for appointing him to the Board in February.
He had the pleasure of participating in the employment of their new District Manager, Dr. Robert Sjogren
who is from the University of California at Riverside with about 25 years of experience in the Vector
Control business both in Mosquitoe Abatement Districts in Southern California and the Twin City area of
Minnesota. He thereupon introduced Dr. Robert Sjogren.
Dr. Robert Sjogren. He appreciates the time afforded to make a presentation this afternoon. He
succeeded Mr. Gil Challet who retired in March and who was only the second Manager in the 50-year
history of the District. (Mr. Challet served for over 28 years.). He brought the program to national
prominence leadership in Vector Control. One of the things he wants to emphasize is to enhance the
communication and the awareness of the District program and their responsibility to meet the needs of
cities within the County. He appreciates the time to acquaint the Council even further with that program.
He turned the presentation over to Mr. Francisco.
James Francisco then explained his position with the District in the Education Department, gave the
history of the District which was 50 years old in 1997, a 32-member Board of Trustees, one for the cities
and one for the County. He then gave the definition of a vector -- “A vector is any insect or other
arthropod, rodent or other animal of public health significance capable of causing human discomfort,
injury, or capable of harboring or transmitting the causative agents of human disease.” The four vectors
with which the District is concerned and controls are: mosquitoes, rats, flies and Africanized Bees. Mr.
Francisco’s presentation was supplemented by a slide presentation. (Also submitted was a brochure
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
entitled, The Orange County Vector Control District - 50th Anniversary - 1997 - Annual Report - made a
part of the record). He explained what the District does and the abatement process for each of the four
vectors, the importance of their work with respect to quality of life, and the extensive educational
activities . Mr. Francisco also answered questions by Council Members during and after his
presentation.
Mayor Daly. He has seen the displays by the District particularly the one at the Orange County Fair
which was well done and attracted a lot of kids and families. He thanked Mr. Francisco for the extensive
and informative presentation and also Dr. Sjogren and Mr. Edwards for being present today.
* * * * * * * * * * * * * * * * * * * * * * *
City Manager, James Ruth. He introduced Diana Kotler, Transportation Programs Planner, who will give
the presentation on the Anaheim Resort Transportation (ART).
ANAHEIM RESORT TRANSPORTATION (ART) PROJECT:
173:
Diana Kotler, Transportation
Programs Planner, Public Works. With her today is Laurie Smith, Executive Director of the Anaheim
Transportation Network (ATN) who will assist in the presentation. Also submitted was booklet entitled,
Anaheim Resort Transportation - A.R.T. - which contained hard copies of the Power Point slide
presentation given. In addition, the booklet contained a Draft Project Description dated August 6, 1998 -
Anaheim Resort Transportation (ART) - A Transportation Solution for the New Millenium -- made a part
of the record. As explained in the submittal, “The ART system will be a true public-private partnership.
The system will be administered by the Anaheim Transportation Network and operated by a local private
transit operator under contract to the ATN. The City of Anaheim and the OCTA will partner with the ATN
to access state and federal capital funding opportunities.”
Both Ms. Kotler and Smith gave different parts of the presentation which answered questions and gave
extensive information -- Why ART?, how will ART benefit Anaheim?, the components of ART -- natural
gas (existing), hybrid electric (cutting edge technology), pure electric (existing), zinc air (implemented in
Europe), vehicle technology review, ART service issues - phase one (fixed route service), phase two
(demand response service), Intelligent Transportation Systems (ITS)-Smart Shuttles, Smart Card
Technology, Calstart (technical advisor, advocate, assist with tracking of information), ART Funding -
initial capitalization (Federal funds, State funds, regional and local funding), operations and maintenance
(fare box returns, transit assessment district, individual contracts with each property), operating cost and
revenue assumptions, implementation schedule.
In concluding the presentation, Ms. Kotler explained the ultimate D-Day for implementation is June 2001.
What they have put together is a strong concept and one that has community support. She then
submitted a number of letters of support for the Anaheim Transportation Network from different
organizations and large properties within the resort area (made a part of the record).
Questions were then posed by Council Members which were answered by Ms. Kotler, Ms. Smith and
John Lower, the City’s Traffic and Transportation Manager.
Before closing Ms. Kotler, answering the Mayor, stated that tonight the Council will be approving the first
funding application (see Item A7. on City Council Agenda), and other funding applications will be
forthcoming within the month. The concept “white paper” is due at the end of October. That is the first
deadline for Federal funding opportunities.
Council Member Tait. He asked if it was crucial that the Council decides tonight; Diana Kotler. She
answered, yes. It was approved in the last legislative session under the Petroleum Escrow Violations
Account and the offer expires at the end of the month for the receipt of the $225,000. They do not have
to spend it until 2001, but they have to accept it and sign the contract.
Mayor Daly thanked Ms. Kotler and Ms. Smith for the informative and in-depth presentation and look
forward to a further update.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 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.
Employee organi
zation:
Anaheim Municipal Employees 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:
People vs. Daly, North Orange County Municipal Court Case No.
AN98NM00879
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion.
MOTION CARRIED. (4:05 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of August 18, 1998 to order at 5:
20 P.M. and
welcomed those in attendance.
INVOCATION:
Pastor Carlos A. Saravia Primera Iglesia Baptista Hispana de Anaheim gave the invocation.
FLAG SALUTE:
Council Member
Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
PROCLAMATION:
119:
The following Proclamation was issued by Mayor Daly and authorized by the
City Council:
Fill the Boot Day in Anaheim, August 22, 1998 - Anaheim Firefighters
Roger Smith, Operations Chief and Scott Van Horn, Anaheim Fire Association accepted the
Proclamation. They were accompanied by Penny Jones, Muscular Dystrophy Program Coordinator who
was present to express the appreciation of the Orange County Chapter of the Muscular Dystrophy
Association for the ongoing support of the Anaheim Fire Association. Their support is an integral part of
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
the whole MS program. This year, Anaheim Firefighters will be trying to Fill the Boot at State College
and Katella from 8:30 a.m. until about 2:00 p.m. on August 22.
Mayor Daly and Council Members welcomed Ms. Jones and further commended the AFA for their fund-
raising efforts on behalf of the Muscular Dystrophy Program.
Mayor Daly announced if anyone wished to speak to item A19., the ambulance contract, that they speak
at the time the item is considered which will be immediately after the consent calendar items (A1 - A18).
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $691,105.55 for the period ending August
17, 1998 , in accordance with the 1998-99 Budget, were approved.
Mayor Daly recessed the City Council Meeting until after the Redevelopment Agency and Anaheim
Public Improvement Corporation meetings. (5:27 p.m.)
Mayor Daly reconvened the City Council Meeting (5:58 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Item A19 (see discussion under that item).
MOTION:
Mayor Daly moved to waive reading in full of all o
rdinances and resolutions to be acted upon for
the Council meeting of August 18
, 1998. Council Member Lopez
seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A19:
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-166
through 98R-171
, both inclusive, for adoption.
Mayor Daly offered Ordinance Nos. 5640
for adoption and 5646 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
Marilyn Ou
for
property damage
sustained purportedly due to actions of
the City on or about
June 19, 1998
.
b. Claim submitted by
Anaheim Union High School District
for
indemnity
sustained purportedly
due to actions of the City on or about
July 8, 1997
.
c. Claim submitted by
Isabel Guardado
for
property damage
sustained purportedly due to
actions of the City on or about
June 30, 1998
.
d. Claim submitted by
Kenneth and Diane Simonds
for
property damage
sustained purportedly
due to actions of the City on or about May 21, 1998.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
e. Claim submitted by
Pacific Bell
, c/o David J. Benner, Esq., for
indemnity
sustained
purportedly due to actions of the City on or about
April 9, 1997
.
f. Claim submitted by
Pacific Bell
, Attn: Richard Arredondo for
property damage
sustained
purportedly due to actions of the City on or about
March 3, 1998
.
A2.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held July 1,
1998.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held June 25, 1998.
117: Receiving and filing the In
vestment Portfolio Report for the month of July, 1998, as
submitted by the City Treasurer.
116: Receiving and filing the 1997/98 annual report as submitted by the City Manager..
A3.
158: Approving the Acquisition Agreement for real property at 1773 South Rainier Court (R/W
5220-17) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City
Clerk to execute said Agreement; and authorizing the acquisition payment of $141,000 to
Orange Coast Title Escrow.
A4.
175: Approving Co
ntract Change Order No. 1, in the not-to-exceed amount of $359,247.55, in
favor of Pouk & Steinle, Inc., for the I-5 Segment “A2/A3, SR-91 & Katella/Southwest 69kV”
Electrical System Relocation & Demolition; and authorizing the Director of Public Works to
execute Contract Change Order No. 1.
A5.
175: Approving Contract Change Order No. 1, in the not-to-exceed amount of $110,000 in favor
of Pouk & Steinle, Inc., for the I-5 Segments “B, C, & D” Electrical System Relocation; and
authorizing the Directo
r of Public Works to execute Contract Change Order No. 1.
A6.
123: Approving assignment of the second phase of the ongoing retro-fitting project of the City’s
traffic signals with red Light Emitting Diode (LED) balls and arrows, from McCain Traffic Supply
to Dialight Corporation, for an amount not-to-exceed $200,000; and amending the contract to
reduce the scope of work, price, and add new technical requirements.
106: Amending the Department of Public Works Capital Improvement Projects budget, by
i
ncreasing appropriations in Revenue Account No. 275-412-3798-1895 (Partnership in Energy
Loan) and Expenditure Account No. 275-412-3798-7851 (Public Works Construction) by the
amount of $200,000 in FY 1998/99.
A7.
123: Approving an Agreement with the California Energy Commission for $225,000 to develop
the Anaheim Resort Transportation (ART) System for the development of a shuttle system in the
Anaheim Resort area.
A8.
123: Authorizing the City Manager to enter into an Agreement with Caltrans for th
e use of the
Traffic Signal Control Software.
A9.
158: RESOLUTION NO.
98R-166
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 5240-2, etc.)
A10.
108: ORDINANCE NO.
5640
(ADOPTION) 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 provide for a reduc
ed rate Hobby
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
Tax on small home based businesses.) (Introduced at the meeting of August 11, 1998, Item
A10.)
A11.
161: Approving the concept plans for Historical District monuments for the Anaheim Colony
Historic District.
Council Member Zemel. He asked if the $150,000 of CDBG funds is from the 85% (bricks and mortar) or
the 15% public service cap.
Lisa Stipkovich, Executive Director of Community Development. This is from the “bricks and mortar”
portion of Block Grant funds. It qualifies as a public improvement. Tonight they are asking for approval
of the concept plans and they will come back with the final drawings at a later date.
Mayor Daly asked if the renderings of the monuments that are to be installed are approximate in nature
and not the final; Mrs. Stipkovich stated these are concept plans and they wanted to make sure they got
approval of the concept plans before moving forward. There might be minor changes and they will be
more cognizant of where the changes will be. The Council will be getting these back for final approval.
Mayor Daly asked if the conceptual designs are considered craftsman in style; Mrs. Stipkovich. There
has been a lot of discussion on that issue. She believes it is reflective of an historical look. She does
not know if it is craftsman but reminiscent of some of the older buildings in the area, not necessarily
craftsman. The shape and style is also traditional. This was deemed to be the more traditional looking
monument. They felt this to be the most appropriate.
Mayor Daly. He feels they need to be careful in the final design to capture the flavor of the Colony
Historic District. He looks forward to the final version.
A12.
123: RESOLUTION NO.
98R-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM (I) approving and authorizing the execution of the Master Development
Agreement by and among the City of Anaheim, the Anaheim Redevelopment Agency and Forest
City Development California, Inc., and (II) making certain findings related thereto.
(Sportstown)
Council Member Tait declared a conflict on this item and will, therefore, be abstaining from discussion
and voting.
Also see presentation given as well as discussion and input on the Item which was given under the
Redevelopment Agency Meeting today (See Redevelopment Agency Minutes of August 18, 1998,
Agency Item 1.) the Agency adopted the resolution approving and authorizing the execution of the
subject Master Agreement.
A13.
113: RESOLUTION NO.
98R-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the Records Retention Schedule for the Finance Department.
113: RESOLUTION NO.
98R-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the Records Retention Schedule for the Community Development
Department.
113: RESOLUTION NO.
98R-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the Records Retention Schedule for the Maintenance Department.
113: RESOLUTION NO.
98R-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the Records Retention Schedule for the Planning Department.
A14.
159: Supporting Alternative 1 (Overlay) for the 714 area code expansion as the preferred
method of adding another area code to the existing 714 calling area.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
A15.
148: Designating two City Council Members to be Delegate and Alternate representatives at the
Annual League of California Cities Conference in Long Beach October 2 - October 4, 1998, at
the Long Beach Convention Center.
A16.
108: ORDINANCE NO.
5646
(INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending various Sections of Chapter 18.89 of Title 18 of the Anaheim Municipal
Code relating to Sex-Oriented Businesses.
Council Member Zemel. He complimented the City Attorney and staff regarding the proposed
amendment to the Anaheim Municipal Code (AMC) regarding Sex Oriented Businesses (SOB).
Sometime back, he proposed that the Council establish a SOB Task Force and he and Council Member
Lopez were appointed to that. There were many meetings and a Town Hall meeting. As a result, an
excellent amendment has come out on the issue. This will help to keep Anaheim neighborhoods safe
and eliminating the adverse effects of those types of businesses. They are on the right track and puts
the City a couple of steps ahead.
Mayor Daly. The City Attorney’s Office deserves special focus for their successful prosecutions recently
of violations in the businesses. It was those successful prosecutions which will allow the City to move
forward more successfully in the future.
A17.
123: Approving an Agreement with Boeing Company for the use of its facilities by Anaheim
Police Department Personnel for training purposes.
Council Member Tait declared a conflict on this item and will, therefore, be abstaining from discussion
and voting.
A18.
114: Approving minutes of the Anaheim City Council meeting held July 28, 1998.
Roll Call Vote on Resolution Nos. 98R-
166 through 98R-171
, 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-166
through 98R-171
, both inclusive, duly passed and
adopted.
Roll Call Vote on Ordinance No.
5640
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.
5640
duly passed and adopted.
END OF THE CONSENT CALENDAR. MOTIONS CARRIED.
CONTRACT FOR EMERGENCY TRANSPORTATION (AMBULANCE) SERVICES FOR
A19.
129:
THE CITY OF ANAHEIM:
Authorizing City staff to enter into negotiations with Care Ambulance
Services, Inc. to develop a contract for emergency transportaion services for the City of
Anaheim. this mater was continued from the meetings of May 26, June 9, June 23 and July 21,
1998 to this
date.
City Manager, James Ruth. The staff report before the Council is the same report as submitted on July
21, 1998. At that meeting, additional information was requested. They hired a consultant to look at the
technical aspects of the RFP process and findings of the review panel and staff. They entered into an
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
agreement with Energy Consultant Research Center (ECRC). The information was provided to the
Council last week (see report dated August 11, 1998 from ECRC - made a part of the record). The
consultant who prepared the report is in the audience and will be available to respond to any questions.
Staff has nothing to add to the report and the matter is before the Council for consideration tonight.
Mayor Daly. The item was submitted to the Council starting on May 26, 1998 and also discussed on
June 9, June 23 and July 21, 1998 (see minutes those dates). The new evaluation is in hand with a
bottom-line conclusion and analysis. The Mayor asked if there were questions of staff at this time; there
being none, he asked if the public would like to comment.
The following people then spoke:
Michael Demos, President, Medix Ambulance Services, 26021 Pala Drive, Mission Viejo. He expressed
concerns and what he considered weaknesses of the process and also why his company is the most
experienced local provider. He urged the Council to cancel the RFP now, cooperatively amend the
process, and start over.
Sharon Maas, 395 Old Bridge Road, Anaheim. The City needs to have the best experience and most
experienced company. She believes the company chosen is not that company. There needs to be a
new RFP because the company chosen does not have the historical experience and the community may
suffer because of that lack of experience.
Ed Rose, CEO of American Medical Response (AMR), Southern California Division. They have been
providing service for 37 years in Anaheim. He spoke to the issue of experience and is surprised at
ECRC’s result. He asked on behalf of AMR that the Council reconsider the process, relet the process
and let some other organization run the RFP and there will be a very different result. No matter what,
AMR insures there will be no interruption of service in the City of Anaheim.
Frank Bryan, Medix Ambulance Services. In public safety, experience is extremely critical and the RFP
did not emphasize experience, at least 911 experience. He urged that the Council make the same
decision as the Fire Department dispatchers have made in utilizing their services services and consider
selecting Medix Ambulance Services.
Mayor Daly. That concludes the public comments portion of the matter.
Council Member Tait. He was the one who asked for the second opinion. He then asked that the
consultant, Mr. Mayfield (ECRC) the qualifications of his firm and why he is qualified to give his opinion;
Mr. Ty Mayfield, Vice President, Emergency Consulting & Research Center, Carlsbad gave the
background of his firm which specializes in the area of EMS (emergency medical systems) system
design. (See pg. 1 of ECRC report dated August 11, 1998). He also gave his personal qualifications.
Council Member Tait. One of the concerns he has heard, Mr. Mayfield’s firm works primarily for cities
and may not or would be reluctant to go against the wishes of a Fire Department or a City. He asked if
he had ever gone against staff recommendations.
Mr. Mayfield answered, many times. They do not have any preconceived notions when they begin a
project and there have been numerous times when they have not been able to support the Fire
Department’s/City’s decision, particularly in Boston, Honolulu, Hemet and San Jacinto. Also, when labor
organizations have hired them to make an evaluation,on occassions they have not been able to support
them as well.
Council Member Tait then posed a line of questions relative to the process used and the conclusion
arrived at which were answered by Mr. Mayfield in some detail (and as outlined in his report of August
11, 1998), the conclusion being that one provider outscored the others across the board in seven or eight
categories. The overall score was somewhat lower than that developed by the reviewing panel but the
difference between No. 1 and 2 was larger than the difference scored by the panel. Relative to the
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
experience factor, what everyone needs to remember, this is a City run emergency 911 system operated
by the Fire Department and they are responsible for everything that happens. Any organization that can
competently manage a fleet, can do the work. In regards to a given individual organization, the health
care environment has been changing radically and dynamically over the last five or six years. Any
operation today can be successful within this environment.
Council Member Zemel asked if he was saying the job is easier today; Mr. Mayfield answered, not at all
and explained why. Organizations that can flourish in this rapidly-changing, dynamic environment can
be successful.
Council Member Zemel then read excerpts from a San Mateo RFP wherein it was emphasized that
experience was the primary component which seemed to be in conflict with what he (Mayfield) was
saying.
Mr. Mayfield stated that ECRC designed the system in San Mateo County. He explained, in San Mateo
County, the ambulance provider is expected to operate the entire EMS system. In Anaheim, the Fire
Department does everything except the transportation.
Council Member Zemel surmised then that basically experience doesn’t matter unless the Fire
Department is not taking the phone call; Mr. Mayfield answered that is correct. The Fire Department (in
Anaheim) has a long history of running this system and operating it properly.
Council Member Zemel. He asked if ECRC’s advice is then based on the fact that as long as the Fire
Department answers the phone, experience is inconsequential.
Mr. Mayfield answered, for the transportation component in Anaheim, that is true. He also confirmed for
Council Member McCracken that the results came out in the same order as they did in the original
committee’s report with only one change in one category which he explained.
Council Member Tait. This is probably one of the most important decisions the Council has to make and
that’s why he asked for a second opinion. Initially they asked for a staff recommendation and the Fire
Department recommended CARE Ambulance. There were five independent individuals who also
unanimously recommended CARE, one being an emergency-room physician who he asked specifically
that the process include, and he also recommended CARE. It was sent out for a second opinion by a
management consultant and they recommended CARE. Finally, he asked for another opinion by a firm
with experience in emergency transportation and they also recommended CARE. He is not qualified to
make the decision but relies on staff and in this case a second opinion and a third opinion. There are
five firms involved, all good firms. He is interested in having the best firm for the people of Anaheim.
He asked for confirmation of ECRC’s recommendation simply put.
Ty Mayfield stated, one company scored notably higher than the rest, and that was CARE Ambulance.
Council Member Tait. For all these reasons, he will be supporting the staff recommendation and the
recommendation of the second and third opinion.
MOTION. Council Member McCracken moved to authorize City staff to enter into negotiations with
CARE Ambulance Services, Inc., to develop a contract for emergency transportation services for the City
of Anaheim. Council Member Lopez seconded the motion.
Before a vote was taken, Council Member Zemel stated he will not be supporting the motion for all the
reasons he stated at previous Council meetings (see meetings listed above). He has a lot of respect for
a lot of people who have been involved in the process. He feels that Council Member Tait has gone the
extra mile in checking this out. He cannot speak against the Council’s decision but he still has problems
with a lot of the other issues that he has previously mentioned. He will be voting against.
Mayor Daly. He believes they knew when they invited proposals starting the process 18 months ago, it
would be very competitive and that is the reason the City Manager brought it to the Council -- a process
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
that would result in the absolute best service in Anaheim. The Fire Chief designed the quality process,
involved private citizens in the review and he feels the quality of that process has been confirmed and
verified by many experts including outside independent experts. He appreciates the long, hard and
professional work of City staff in bringing the matter to them.
A vote was then taken on the foregoing motion. AYES: McCracken, Tait, Lopez, Daly. NO: Zemel.
ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF
JULY 30, 1998 DECISION DATE: AUGUST 6, 1998
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 21, 1998:
VARIANCE NO. 4343, AND NEGATIVE DECLARATION:
B1.
179:
OWNER: Clemencio and Luz Apeles, 1572 Pegasus, Santa Ana Heights, CA 92707
LOCATION: 626 South Harbor Boulevard.
Property is a rectangularly-shaped parcel of land
consisting of 0.10 acre, having a frontage of 48 feet on the east side of Harbor Boulevard and
being located 353 feet south of the centerline of Water Street.
Waiver of minimum number of parking spaces to establish a medical clinic with a maximum of
two employees.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4343 APPROVED, with additional conditions (ZA DECISION NO. 98-20).
Approved Negative Declaration.
VARIANCE NO. 4344, AND NEGATIVE DECLARATION:
B2.
179
OWNER: Stephen Hs
u, 435 W. Katella Avenue,. Anaheim, CA 92802
AGENT: Wenna Chen c/o JWDA, 430 S. Garfield Avenue, Ste. 400, Alhambra, CA 92802
LOCATION: 515 West Katella Avenue - Four Points Sheraton Hotel.
Property is a
rectangularly-shaped parcel of land consisting of 1.09 acres, having a frontage of 190 feet on the
north side of Katella Avenue, having a maximum depth of 250 feet and being located 260 feet
east of the centerline of Harbor Boulevard.
Waiver of minimum number of parking spaces to establish a 3,32
5 square foot restaurant in a
74,000 square foot, 4-story, 72-room, suite-type hotel.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Variance No. 4344 (ZA DECISION NO. 98-21).
Approved Negative Declaration.
END OF THE ZONING ADMINISTRATOR ITEMS.
ITEMS B3 - B14 FROM THE PLANNING COMMISSION MEETING OF AUGUST 3, 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 25, 1998:
CONDITIONAL USE PERMIT NO. 1081 CATEGORICALLY EXEMPT, CLASS 1:
B3.
179:
OWNER:
Wang Chih W. & Mei H. L., 539 South Santa Anita Avenue, Pasadena, CA 91107-
5251
AGENT:
Debra Gray, 3360 West Lincoln Avenue, Anaheim, CA 92801
LOCATION: 3360 West Lincoln Avenue - El Dorado Inn.
Property is 1.80 acres located on the
south side of Lincoln Avenue, 785 feet east of the centerline of Knott Avenue.
To amend or delete conditions of approval pertaining to motel operations.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for CUP NO. 1081
(PC98-111) (4 yes votes, 1 no vote, 1 absent,
and 1 vacancy).
CONDITIONAL USE PERMIT NO. 1042 CATEGORICALLY EXEMPT, CLASS 1:
B4.
179:
OWNER:
Wong Kuok-Su, 539 South Santa Anita Avenue, Pasadena, CA 91107-5251
AGENT:
Debra Gray, 3360 West Lincoln Avenue, Anaheim, CA 92801
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
LOCATION: 2630 West Lincoln Avenue - Valencia Inn.
Property is 1.69 acres located on the
south side of Lincoln Avenue, 300 feet east of the centerline of Stinson Street.
To amend or delete conditions of approval pertaining to motel operations.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for CUP NO. 1042 (PC98-112) (4 yes votes, 1
no vote, 1 absent, and 1 vacancy).
CONDITIONAL USE PERMIT NO. 4040, AND NEGATIVE DECLARATION:
B5.
179:
OWNER:
Don L. Garcia and Lisa F. Morales, 25622 Salerno Way, Yorba Linda, CA 92686
AGENT:
Mario Morales, 25622 Salerno Way, Yorba Linda, CA 92686
LOCATION: 914 South Harbor Boulevard.
Property is 1.13 acres located south and east of the
southeast corner of Harbor Boulevard and Ve
rmont Avenue.
To permit a day care facility with a maximum of sixty (60) children within an existing 4,785
square foot building.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4040 GRANTED (PC98-113) (4 yes votes, 1 abstained, 1 absent, and 1 vacancy).
Approved Negative Declaration.
Council Member Lopez. He would like clarification that this is the type of business suited for the subject
area; Greg Hastings, Zoning Division Manager. Staff and the Planning Commission looked carefully at
the size of the property. After redesign of the original proposal it was determined to be large enough
both inside and outside of the building for the proposed use. He confirmed there were no negative
comments from the neighborhood.
Council Member McCracken noted it is next to the old County agricultural building site which will
probably be developed with an elementary school some time in the future.
VARIANCE NO. 1229, AND NEGATIVE DECLARATION:
B6.
179:
OWNER:
Gregory Parkin, 2500 W. Orangethorpe #V, Fullerton, CA 92633
AGENT:
Mohsen Abdolsalehi, 7830 Crescent Ave., Buena Park, CA 92680
LOCATION: 823 South Beach Boulevard - Covered Wagon Motel.
Property is 1.3 acre located
on the west side of Beach Boulevard, 975 feet north of the centerline of Ball Road.
To consider reinstatement of Variance No. 1229 by the modification or deletion of a condition of
approval pertaining to a time limitation to retain an existing 70-unit motel.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied reinstatement of Variance No
. 1229 (PC98-117) (5 yes votes, 1 absent, and 1 vacancy).
Denied Negative Declaration.
CONDITIONAL USE PERMIT NO. 2090, AND NEGATIVE DECLARATION:
B7.
179:
OWNER:
Harvey Owen, 11061 Huntington Drive, Santa Ana, CA 92705
AGENT:
Alison Sanders, 1160 North Kraemer Blvd., Anaheim, CA 92806
LOCATION: 1160 North Kraemer Boulevard - The Shack.
Property is 0.9 acre located on the
east side of Kraemer Boulevard, 242 feet south of the centerline of Coronado Street.
To consider reinstatement of this p
ermit by the modification or deletion of a condition of approval
pertaining to a time limitation to retain a public dance hall in conjunction with a 5,400 square foot
restaurant with sales of alcoholic beverages for on-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 2090 for one year, to expire August 27, 1999 (PC98-118) (5
yes votes, 1 absent, and 1 vacancy).
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 3676, AND NEGATIVE DECLARATION:
B8.
179:
INITIATED BY:
City Anaheim, Redevelopment Agency, 201 South Anaheim Boulevard, Suite
1003, Anaheim, CA 92805
LOCATION: 411 West Broadway.
Property is 5.28 acres located on the north side of Broadway,
150 feet west of the centerline of Clementine Street.
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
To consider reinstatement of this permit by the modification or deletion of a condition of approval
pertaining to a time limitation to retain temporary classrooms and office space within the ground
floor retail space are
a of an existing parking garage with waiver of minimum number of parking
spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3676 (PC98-119)
(5 yes votes, 1 absent, and 1 vacancy).
Negative Declaration previously approved.
SPECIMEN TREE REMOVAL PERMIT NO. 98-2 AND NEGATIVE DECLARATION:
B9.
179:
OWNER:
Woodridge Custom Homes, I, L.L.C., 27285 Las Ramblas #230, Mission Viejo, CA
92691
AGENT:
Hunsaker & Associates, Attn: Dan Hosseinzadeh, 3 Hughes Rd., Irvine, CA 92618
LOCATION: 752-754 Peralta Hills Drive.
Property is 2.2 acres located on the east side of
Peralta
Hills Drive, 750 feet south of the centerline of Crescent Drive.
To permit the removal of 14 Specimen Pepper Trees in connection with the grading of two (2)
residential lots for the construction of two (2) single-family residences.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Specimen Tree Removal Permit No. 98-2
5 yes votes, 1 absent, and 1 vacancy)
Approved Negative Declaration.
SPECIMEN TREE REMOVAL PERMIT NO. 98-3 AND NEGATIVE DECLARATION:
B10.
179:
OWNER:
Woodbridge Custom Homes, 1, L.L.C., 27285 Las Ramblas, #230, Mission Viejo, CA
92691
AGENT:
Hunsaker & Associates, Attn: Dan Hosseinzadeh, 3 Hughes Rd., Irvine, CA 92618
LOCATION: 390 and 420 Peralta Hills Drive.
Property is 1.0 acre located on the north side of
Peralta Hills Drive, 280 feet west of the centerline of Belleza Road.
To permit the removal of 11 Specimen Trees (6 Eucalyptus, 4* Pepper and 1 Oak tre
e) in
connection with the grading of two (2) residential lots for the construction of 2 single-family
residences.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Specimen Tree Removal Permit No. 98-3
(5 yes votes, 1 absent, and 1 vacancy).
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 4045
CATEGORICALLY EXEMPT, CLASS 11:
B11.
179:
OWNER:
Home Depot U.S.A., Inc., Attn: Joe McFarland, 601 S. Placentia Ave., Fullerton, CA
92831
AGENT:
Carnival Carts, Attn: Marlene Brown, 3916 E. Miraloma Ave., Anaheim, CA 92806
LOCATION: 800 North Brookhurst Street - Home Depot.
Property is 9.45 acres located at the
northeast corner of Gramercy Avenue and Brookhurst Street.
To permit a portable food service use (hot dog cart) in conjunction with a permitted retail store.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4045 GRANTED (PC98-120) (5 yes votes, 1 absent), and 1 vacancy).
CONDITIONAL USE PERMIT NO. 4049, AND NEGATIVE DECLARATION:
B12.
179:
OWNER:
Knollwood Partnership, Attn: Arnold Familian, 12150 Summit Place, Beverly Hills, CA
90210
AGENT:
Paul Kott Realtors, Inc., Attn: Paul Kott, 1225 W. Lincoln Ave., Anaheim, CA 92805
LOCATION: 1163 and 1165 Knollwood Circle.
Property is 1.69 acres located on the west side
of Knollwood Circle, 450 feet north of the centerline of Woodland Drive.
To permit towing and impound services including indoor and outdoor vehicle storage.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4049 GRANTED (PC98-121) (5 yes
votes, 1 absent, and 1 vacancy).
Approved Negative Declaration.
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
Council Member Zemel. The comment was made to him that the Police have a contract with them and
they have to be inside the City. He also knows that the Police have contracts with other ones as well.
He asked if there was something that says there has to be a third impound yard.
Joel Fick. It is the circumstance that exists. They did consult with and got comments from the Police
Department. They have contracts with the towing companies on a rotational basis and in order to
achieve those contracts, they do have to be located within City limits; Council Member Zemel asked if by
law or is it policy.
Mr. Fick answered he did not know the specific answer but his belief is it would be a policy and practice
as well.
Council Member Zemel. He would like to take a second look at this before going forward. He would like
to have input from the Police Department as to why they have to have three impound yards all within the
City limits. He thereupon requested a review of the Planning Commission’s decision; Council Member
Lopez concurred and, therefore, a Public Hearing will be set at a later date.
REPORT AND RECOMMENDATION ITEMS:
CONDITIONAL USE PERMIT NO. 3742 - REQUEST FOR DETERMINATION OF
B13:
SUBSTANTIAL CONFORMANCE
AND NEGATIVE DECLARATION:
Cory Kemp (Puddles Car Wash) 2037 East Ball Road, Anaheim, CA 92806, requests
determination of substantial conformance to retain two wall signs in conjunction with a
previously approved car wash
facility.
Property is located at 2037 East Ball Road - Puddles Car Wash.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance.
CONDITIONAL USE PERMIT NO. 3994 - REQUEST FOR DETERMINATION OF
B14:
SUBSTANTIAL CONFORMANCE
AND NEGATIVE DECLARATION:
Howard CDM, Steven Phillips, 2161 Gundry Avenue, Signal
Hill, CA 90806, request for determination of substantial conformance pertaining to temporary
above-ground utility lines in conjunction with an outdoor s
wapmeet operation. Property is
located at 1500 North Lemon Street (formerly Anaheim Drive-In).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance.
Mayor Daly. This is a request by the operator of a swap meet that above-ground utility lines on a
temporary basis should be acceptable. Staff is recommending against. The Planning Commission found
substantial conformance to allow those above-ground utility wires on a temporary basis. He asked what
was staff’s thinking in recommending against and the Planning Commission allowing the use.
Greg Hastings, Zoning Division Manager. Staff was concerned because of the visibility to the freeway as
well as the precedent being set for above-ground utility lines and poles. In this particular case, the
Planning Commission felt comfortable realizing the use will expire January 31, 2000 and the fact that
they are willing to paint the poles to blend in with the area. The poles would also have to come down
immediately after the 1/31/2000 deadline. The poles are rented and when they stop paying rent, they will
be out of there immediately.
Joel Fick. In addition, there is another potential land use pending for the site that the Planning
Commission will be considering in the near future. He confirmed for the Mayor that the new use is in
process presently and they are working on the EIR right now.
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
END OF THE PLANNING COMMISSION ITEMS FROM 8/3/98.
ORDINANCES FOR ADOPTION:
B15.
179: ORDINANCE NO.
5641
(ADOPTION) 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. (Introduced at the meeting of August 11, 1998, Item B7.)
B16.
179: ORDINANCE NO.
5642
(ADOPTION) 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. (Introduced at the meeting of
August 11, 1998, Item B8.)
B17.
179: ORDINANCE NO.
5643
(ADOPTION) 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. (Introduced at the meeting of August 11, 1998, Item B9.)
B18.
179: ORDINANCE NO.
5644
(ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 97-98-16 located at 8015-8095 East Crystal Drive from the CL(SC) zone to
the ML(SC) zone. (Introduced at
the meeting of August 11, 1998, Item B10.)
B19.
155:
ORDINANCE NO.
5645
(ADOPTION) 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). (Introduced at the meeting of August 11, 1998, Item D2.)
Mayor Daly offered Ordinance Nos. 5641 through 5645 for adoption. Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM 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.
AN ORDINANCE OF THE CITY OF ANAHEIM 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.
AN ORDINANCE OF THE CITY OF ANAHEIM 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.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 97-98-16
LOCATED AT 8015-8095 EAST CRYSTAL DRIVE FROM THE CL(SC)
ZONE TO THE ML (SC) ZONE.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
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).
Roll Call Vote on Ordinance Nos.
5641
through
5645
, both inclusive, for adoption:
AYES:
MAYOR/COUNC
IL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos.
5641
through
5645
, both inclusive, duly passed and adopted.
RECESS: By general Council consent, the Council meeting was recessed for 10 minutes (6:53 p.m.).
AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present (7:07
p.m.).
TENTATIVE TRACT MAP AND TENTATIVE PARCEL MAP APPROVED AT THE PLANNING
COMMISSION MEETING HELD AUGUST 17, 1998. 10-DAY APPEAL PERIODS ENDS: AUGUST 27,
1998
CEQA - NEGATIVE DECLARATION RECLASSIFICATION NO. 98-99-02,
B20.
179:
VARIANCE NO. 4345, TENTATIVE TRACT MAP NO. 15703:
OWNER:
Tatsuye Shozi, Tom Shozi, Yohko Shozi, Ray Shozi, and Takeo Shozi, 3038 West
Orange Avenue, Anaheim, CA 92804
AGENT:
Greystone Homes Attn: Douglas Woodward, 26 Executive Park #100 Irvine, CA
92614.
LOCATION:
3038 West Orange Avenue. Property is 10.3 acres located at the southeast corner
of Halliday Street and Orange Avenue.
Reclassification No. 98-99-02 - to reclassify syubject property from RS-A-43,000 Zone to the RS-
5000 Zone or a less intense zone.
Variance 4345: Waiver of minimum lot size and maximum lot coverage to construct a 71-unit, 2
story single family residential subdivision.
Tentative Tract Map No. 15703 - to establish a 74-lot (including 3 lettered lots) 71-unit 2 story
single family residential subdivision.
PLANNING COMMISSION ACTION:
Granted Reclassification (PC98-128) 6-0 one vacant seat
Granted Variance (PC98-129) 6-0 one vacant seat
Approved Tentative Tract Map No. 15703 6-0 one vacant seat
ENVIRONMENTAL IMPACT REPORT NO. 322, RECLASSIFICATION 98-99-04,
B21.
155:
WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 4034
TENTATIVE PARCEL MAP NO. 97-187:
OWNER
:
Plaza Properties, LLC, 13031 Newport Avenue, Suite 200, Tustin CA 92760
AGENT
: John Killen A.I.A, 13031 Newport Avenue, Suite 200 Tustin ca 92780
LOCATION
: 1500 South Douglass Road - Arena Corporate Center
Property is 24.5 acres located on the east side of Douglass Road, 1,080 feet north of the
Centerline of Katella Aveune.
Reclassification No. 98-99-04- to reclassify this property from the RS-A- 43,000 zone to the CO
Zone.
Conditional Use Permit No. 4034 - to construct a 982,000 square foot commercial mixed use
center consisting of a 290,000 square foot 10 story office building, two 180,000 square foot
(each) 6-story office buildings, a facility,
a 7,000 square foot restaurant, a 200-room, 160,000
square foot hotel, 3-level* parking structure and a 4-level parking structure, with waiver of
minimum parking lot landscaping and minimum structural and landscape setback.
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
Tentative Parcel Map No. 97-187
: To establish a 9-lot commerical subdivision for a 982,000
square foot commercial mixed-use complex.
*Advertised as 2-level
PLANNING COMMISSION ACTION:
Reclassification granted (PC98-133)
Conditional Use Permit Granted (PC98-134)
Tentative Parcel
Map approved
(5-0 Commissioner Peraza absent, one vacant seat)
Council Member McCracken. The Council just received these two items because the Planning
Commission meeting was held only yesterday and there is a 10-day appeal period relative to the
Tentative Tracts. She has not had time to look at the background material on either of these and would
like to reserve the right to set them for a Public Hearing with the support of another Council Member
which would have to occur before the next Council meeting.
Mayor Daly. It has been the practice in the past to do that. The Planning Commission acted just
yesterday and the paperwork was just submitted today. What Council Member McCracken is proposing
is consistent with policy and with past practice.
City Clerk Sohl. The Council would have until August 27, 1998 to do that. She also reminded Council
Members the remainder of the items (reclassification, variance, CUP) still have a 22-day appeal period
and could be appealed further out than August 27.
Council Member Zemel asked for clarification if Item B21 wouldn’t be coming to them automatically in
the future.
Joel Fick, Planning Director. He stated that item (and B20) would appear on a future consent calendar
for review. The Tentative Tract and Parcel Maps are on a 10-day appeal period and are also conditioned
contingent upon the other items the Council will be reviewing as well.
Mayor Daly asked if the items will be appearing on the usual B item consent calendar in the same form;
City Clerk Sohl answered, yes (both B20. and B21).
City Attorney White explained State statute imposes the 10 days on Tentative Tract and Parcel Maps
whereas the other actions get 22 days; Mayor Daly. Both items will be back to the Council in the future.
CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 97-98-17
D1.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4022
TENTATIVE TRACT MAP NO. 15660, AND NEGATIVE DECLARATION:
OWNER:
Edward’s Family Trust, Robert W. Edwards, Shirley E. Edwards (Trustees), 711 South
Velare Street, Anaheim, CA 92804
AGENT:
Denar, Inc., Attn: Bahram Ghassemi, 1001 Sandcastle Drive, Corona Del Mar, CA
92625
LOCATION: 711 South Velare Street.
Property is 0.61 acre located on the west side of Velare
Street, 950 feet south of the centerline of Orange Avenue.
Reclassification No. 97-98-17:
To reclassify this property from the RS-A-43,000 Zone to the
RM-3000 Zone or a less intense zone.
Conditional Use Permit No. 4022:
To construct a 1-lot 7-unit detached residential
condominium development with waiver of minimum distance between buildings and minimum
private street standards.
Tentative Tract Map No. 15660:
To establish a 1-lot subdivision for the development of a 7-
unit airspace detached residential condominium complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 97-98-17 GRANTED (PC98-72) (5 yes votes, 1 absent, and 1 vacancy).
APPROVED waiver of code requirement.
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
CUP NO. 4022 GRANTED (PC98-73).
Tentative Tract Map No. 15660 Approv
ed.
Approved Negative Declaration.
Informational item at the meeting of May 19, 1998, Item B12. Review of the Planning
Commission’s decision requested by Council Member McCracken and Mayor Daly.
Public hearing continued from the meeting of June 23, 1998, Item D3.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - June 11, 1998
Mailing to property owners within 300 feet - June 9, 1998
Posting of property - June 12, 1998
Mayor Daly noted that under both Item D1. and D3. each of the applicants has withdrawn the project(s)
from further consideration.
City Attorney White. Since the items have been withdrawn, there is no action necessary by the Council.
CONTINUED PUBLIC HEARING -
CONDITIONAL USE PERMIT NO. 4035,
D2.
AND NEGATIVE DECLARATION:
OWNER:
Alireza Bahrami, 329-331 North State College Blvd., Anaheim, CA 92806
AGENT:
Mary Ann Chamberlain, 2426 South Rita Way, Santa Ana, CA 92704
LOCATION: 329-331 North State College Boulevard.
Property is 0.37 acre located on the west
side of State College Boulevard, 150 feet south of the centerline of Redwood Avenue.
To permit and retain an automobile sales lot with a maximum of five (5) vehicles on display.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4035 DENIED (PC98-99) (4 yes votes, 3 no votes).
Approved Negative Declaration (4 yes votes, 3 no votes).
Informational item at the meeting of July 14, 1998, Item B3.
Letter of appeal submitted by the
agent, Mary Ann Chamberlain, on behalf of the owner.
Public hearing continued from the meeting of July 28, 1998, Item D3.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - July 16, 1998
Mailing to property owners within 300 feet - July 16, 1998
Posting of property - July 17, 1998
Mayor Daly asked for a brief summation of the proposal by staff.
Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated May
11, 1998 and also explained the reasons why the Commission denied the proposal. He further clarified
for the Mayor that the staff recommendation is also that the CUP be denied.
Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant’s agent.
Applicant’s Statement: Bob Mickelson, P. O. Box 932, Orange. He is speaking on behalf of the owner
and the applicant. The location was an eyesore. The applicant has put in landscaping, safety lighting,
cleaned up the property and totally rehabilitated the building. The neighbors “love” him because he has
cleaned up the place and made it a nice facility. They submitted a petition to the Planning Commission
and inadvertently it was misplaced. The petition was re-signed and contains eight signatures of the
owners of the apartments to the south and west and single family homeowner to the north. (Submitted
and made a part of the record). They were at the Planning Commission meeting but unable to be
present tonight. Since the Planning Commission’s discussion and subsequent discussion with staff, they
have learned of the sensitivity of staff toward development on State College. They were not aware of
that when they started the application. In response to that, they have submitted an amended Letter of
Operation today (see, Letter of Operation for Alex Bahrami - Location of Property: 329-331 N. State
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
College received August 18, 1998 - made a part of the record). He briefed some of the stipulations in
the Letter of Operation. The applicant is not looking for a used car lot but a brokerage office. He is
permitted wholesale sales and was prepared to go forward with that but is holding off until some decision
is made regarding retail. He wants a maximum of six cars -- one inside and five outside against the
south wall. They have the support of the businesses in the area. He then read a letter from Bud and
Vivian Rogers (property directly behind and south of the I-Deal Motors Property) which was
complimentary to the business and the proposal and urging the Council to look favorably on the
application. He then introduced Greg Ross who has been an associate of Mr. Bahrami and who will be
the Manager of the auto brokerage to briefly describe the operation.
Greg Ross. He became acquainted with the situation as an expansion of what he is doing currently in
San Juan Capistrano. He has a retail operation of more of a business aspect or a broker type
arrangement in San Juan with a retail license in a small business park. He has been there for three
years and it has worked well. He submitted photographs to the Council. It is a different way of doing
business. There have been no complaints at this location. The owner has written a letter of
recommendation and referral. He was given three display spots at that location. There are no displays
in the window or any banners. He is not planning to move but this is an expansion. The cars he deals
with are almost by appointment. He is somewhat of a “matchmaker” . The cars he finds for people are
usually on a referral basis. He is heavily involved with the Chamber of Commerce (in San Juan
Capistrano) and is Travel Editor for Southcoast Magazine. This is a hobby of his. All he is looking for is
moving to Anaheim. He submitted another photograph that shows by putting just five cars on the lot,
there is no clutter and it is good for businesses in the surrounding area. There is no repair facility or car
washing at all. It is strictly front line ready appointment. He feels it is the trend.
Council Member Tait asked for clarification if he was saying that they do not solicit customers driving by
off the street but it is by appointment; Greg Ross. Using his website and the Internet pays off in part but
it never hurts to be seen by people going by. He is going for very low profile.
Bob Mickelson. He addressed Condition No. 3. If the permit is approved, it will be for one year at which
time it will be readvertised to see if it will be continued. That is acceptable. With that in mind, however,
they do not feel it is cost effective to replace the sign with a new monument sign. If it does get extended,
consideration will be given to a new monument sign. That is the only change, otherwise the conditions
are all acceptable.
Mayor Daly closed the Public Hearing.
Mayor Daly. He believes the Planning staff has pointed out some legitimate concerns about allowing
used auto sales along this location on State College. While there is some support from some of the
nearby businesses, he feels they need to be concerned with the impact on the overall sound planning
along this area.
MOTION. Mayor Daly move to deny the environmental finding. Council Member McCracken seconded
the motion. Council Members Tait and Zemel voted No. MOTION CARRIED.
Mayor Daly offered a resolution to deny the CUP.
Before any further action was taken, Council Member Tait stated in his mind, they would be hard pressed
to identify this as a car lot. There is a condition that will allow only five cars, none of them marked. It
seems that the operation is by appointment only and the one-year limitation gives them an out. He
would like to err on the side of giving them an opportunity.
Council Member Zemel. He seconds those thoughts. It appears to be a car broker and not a car lot. He
would have a concern about having a lot. There will be no “ugly” cars, no flags, numbers, prices, etc.
He also heard there will be no attraction to the potential customer driving by and in no way will they be
attracting people off the street. He is more apt to give it a year as well. He does not see how they could
go wrong and would be willing to give it a “shot”.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
Council Member McCracken. She has seen the two locations -- South County location says, leasing
office, and the Anaheim location says I-Deal Motors. South County has only three parking spaces;
Anaheim has a pole sign. To her it is not quite the same comparison. The business is supposed to be
inconspicuous by appointment. It does not look like it is leading to appointment but advertising to bring
people off the street. It looks more like a car lot than a leasing office from the pictures.
Council Member Zemel noted that one of the requests of the applicant if the CUP is limited to a year that
they be able to forego the condition for the monument sign. He wonders if the applicant would agree to
change that if they thoughT they could get more support.
Council Member Tait. He would not vote for it under those circumstances. His vote in support would be
conditioned upon a monument sign.
Bob Mickelson. Answering Council Member Zemel relative to his question, he would suggest the
following: that the existing freestanding pole sign be removed and if replaced, it will be replaced by a
monument sign; Council Member Zemel stated that would be even better since it takes away the whole
issue that they might be attracting street traffic.
Mayor Daly asked Mr. Mickelson if he is agreeing to a one-year permit and the pole sign will be removed;
Mr. Mickelson answered, that is correct.
Mayor Daly. His concern is the monitoring of the five cars. They do not want it in any way to be a used
car lot. The City was told it was not but yet has had to expend taxpayer’s money in the last few months
to monitor this property because there were used cars displayed with sales prices in the window -- 11 on
one day and 13 another. The applicant is now committing to a maximum of five cars with no sales prices
in the windows.
Council Member McCracken. Relative to conditions, she believes there are none since the Planning
Commission denied the CUP and staff recommended denial;Joel Fick, Planning Director. Staff
traditionally presents possible conditions to the Planning Commission in case the Commission does wish
to approve a project. Those have been carried forward in the staff report submitted and there has been
discussion about modifying those interdepartmental conditions.
City Attorney White. There are 18 proposed interdepartmental conditions on pgs. 4 - 6 of the June 21,
1998 staff report to the Planning Commission.
Joel Fick. As an example, Condition No. 10 recommends that there be no outdoor display except with a
special events permit. The Council heard tonight there would be no advertising.
Council Member Lopez. The City has spent a lot of money and energy to beautify State College as a
gateway to the Stadium. Some time ago, they approved a repair shop in the vicinity and it had all kinds
of cars parked on the lot. They need to continue to improve State College. He cannot imagine anyone
would want to display five vehicles and not put up any signing at all. He is going to vote against the
project, his main reason, they need to continue to beautify that whole area.
Mayor Daly. If this were approved for one year and the pole sign has to be removed which is important
to him, he asked staff if they were comfortable with all the conditions they put forth; Joel Fick. They are
comfortable with the conditions as suggested if the project is approved. In the event that the project is
approved, they believe the conditions are complete with the modification of the removal of the sign and
all conditions being modified so that there is no advertising and there are several conditions that need to
be adjusted in that regard.
Mayor Daly. The track record of the business is that they have not been following the rules. Unless
there is a provision that the business fund any Code Enforcement monitoring, if there is a violation, the
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
City has to send out a Code Enforcement Officer. He asked staff if they could suggest something in that
regard.
Joel Fick. He would suggest that the applicant reimburse Code Enforcement for some type of periodic
inspection for whatever the time period the Council would wish. This is something that has been done in
the past with other businesses.
Council Member Zemel. Periodic inspections could be once a month without letting the business know
what day. He asked an approximate cost.
Joel Fick. In this case, he believes it is just a matter of sending someone out in a vehicle to take a look.
It would be dependent upon the hourly rate.
Bob Mickelson. They will stipulate they will pay for that inspection.
City Attorney White clarified at the end of 12 months, they would be back and there would be another
decision for the Council to make. It will be a denovo hearing to see whether the business would get more
time or not.
Mayor Daly. He asked to hear from the Planning Director relative to the wall sign which was broached by
him (Fick); Joel Fick. If the sign on the side says I-Deal Motors, it is an attractor from the street.
Fundamentally, the land use is of concern allowing a used auto facility. It will be difficult for them if
another entity in another location wants the same.
Mayor Daly asked if he had a suggestion or comment on the wall sign; Bob Mickelson. He believes that
if they state they are strictly a wholesale business and it is I-Deal Motors it would be a legal sign. He
respectfully disagrees with staff and explained why.
Mr. Fick emphasized that the site is zoned commercially and a wholesale auto dealership would not be a
permitted land use in that location.
Additional Council discussion and questioning of staff followed at the the conclusion of which, Mr. Fick
stated, relative to future sign issues, if the sign “goes away” and there is no plan to alter the existing wall
sign, if acceptable to the Council and no other signage is permitted on site, effectively there is no sign
program because that is the only sign that would be permitted. There is no longer any need for that
condition (see interdepartmental condition No. 14). The wall sign does fit in with an acceptable size of
lettering.
Mayor Daly. The Planning Director has made a good point. There is no need for any more sign
submittals or approvals beyond this evening assuming that is the agreement.
City Attorney White. One of the persons who voted no on the environmental finding and in favor of the
denial should move to reconsider the finding if that is what the Council wishes.
MOTION. Mayor Daly moved that the Council reconsider the previous motion on the denial of the
environmental finding. Council Member Zemel seconded the motion. MOTION CARRIED.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION:
On motion by Council Member
Zemel
, seconded by Council Member
Tait
, 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.
Council Member Zemel offered Resolution No. 98R-172 for adoption approving a 12-month use subject
to the interdepartmental conditions recommended by staff (Pgs. 4,5 and 6 of the Staff Report to the
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
Planning Commission dated June 21, 1998), that the pole sign is to be removed immediately, Code
Enforcement to make a monthly inspection at the applicant’s cost, as well as modifications to conditions
as articulated and stipulated to by the applicant which includes no advertising on the cars.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 4035.
Roll Call Vote on Resolution No. 98R-
172
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-
172
duly passed and adopted.
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D3.
CONDITIONAL USE PERMIT NO. 4036
AND MITIGATED NEGATIVE DECLARATION:
OWNER:
California Drive-In Theaters, 120 North Robertson Blvd., Los Angeles, CA 90048-
3102
AGENT:
Rick Manners, 680 South Lemon Avenue, Walnut, CA 91789
LOCATION: 2150-2170 South State College Boulevard.
Property is 6.0 acres located on the
east side of State College Boulevard, 570 feet south of the centerline of Orangewood Avenue.
To permit an automotive sales lot (CarMax) with accessory service/repair facilities and two, 10-
foot high, 150 square foot monument signs with waiver of (A) required parking lot landscaping - )
APPROVED IN PART, (B) permitted location of freestanding signs - ) APPROVED IN PART, (C)
maximum sign width - DENIED, and (D) minimum sight distance requirements - DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4036 GRANTED, IN PART (PC98-100) (7 yes votes).
Waiver of code requirement APPROVED, IN PART, waiver (A) APPROVED IN PART, waiving
only the location of the required landscaping, but not the square footage required or the number
of trees, APPROVED waiver B, IN PART, waiving the setback requirement only to the extent
necessary to allow a sign on the east side of the driveway; and DENIED waivers C and D.
Approved Mitigated Negative Declaration.
Informational item at the meeting of July 14,
1998, Item B4. 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 - August 6, 1998
Mailing to property owners within 300 feet - July 29, 1998
Posting of property - July 31, 1998
Mayor Daly noted that under both Item D1. and D3. each of the applicants has withdrawn the project(s)
from further consideration.
City Attorney White. Since the items have been withdrawn, there is no action necessary by the Council.
DISSCUSSION - PARKS AND RECREATION FACILITIES MASTER PLAN:
C1
150:
Mayor Daly. He requested in the interest of time that this item be continued to the next Council Meeting
(September 1, 1998).
REPORT ON CLOSED SESSION ACTIONS:
C2.
City Attorney Jack White stated that there are no actions to report.
COUNCIL COMMENTS:
C3.
114:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998
Council Member McCracken. On July 28, 1998, the Council approved a resolution requesting the
League of Cities to sponsor legislation which limits local government liability from mud slides and
hillsides damage. It was brought to the Orange County Division Resolutions Committee on August 13,
1998. The Resolutions Committee approved the resolution and it was brought to the Orange County
Division League of Cities at their August 13, 1998 meeting and they also approved it. It will go on to the
California League of Cities to hopefully be presented at the Annual Meeting in October.
ADJOURNMENT: By general Council consent, the Council meeting of August 18, 1998 was adjourned
(7:55 P.M.). No Council Meeting is scheduled for August 25, 1998. The next scheduled Council meeting
is September 1, 1998.
LEONORA N. SOHL
CITY CLERK
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