1997/12/16ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES
DECEMBER 16, 1997
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
COMMUNITY DEVELOPMENT DIRECTOR: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:50 p.m. on
December 12, 1997 at the City Hall Kiosk, containing all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
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.
1. CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: Anaheim Fire Association, IBEW, and AMEA.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange
County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Hotel Employees & Restaurant Employees Union, Local 681 v. City of Anaheim,
et al., Orange County Superior Court Case No. 78-57-46.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: one potential case.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: South west corner Freedman Way and Clementine
Negotiating parties: City of Anaheim; Airport Bus; Pacific Coast Greyline; HNTB/Wedin and
Anaheim Center for Entertainment.
Under negotiation: Price and terms.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the
Government Code: one potential case.
Existing facts and circumstances: City denied taxicab permit to South Coast Cab Company on
October 28, 1997. Applicant requests tolling agreement to avoid litigation while new application
is pending.
RECESS CLOSED SESSION:
Mayor Daly moved to recess into Closed Session. Mayor Pro Tem Lopez seconded the motion.
MOTION CARRIED. (3:01 p.m.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. (5:08 p.m.)
INVOCATION:
Pastor Stan Managbanag, Free Methodist Church, gave the invocation.
FLAG SALUTE:
Council Member Zemel led the assembly in the Pledge of Allegiance to the Flag.
119: PRESENTATION - PARTICIPATION IN CITY'S COMMUNITY EMERGENCY RESPONSE
TEAM (CERT) PROGRAM: Recognizing the members of the City's Community Emergency Response
Team program and their graduation from the program.
Bob Berg, Emergency Services Coordinator, Fire Department. He is proud to assist in introducing the
1997 graduating class of the Anaheim Fire Department's Community Emergency Response Team.
There are 56 in this graduating class having completed an eight-month training course. The program is
open to all residents free of charge through the Fire Department. Administrator, Esala Martensen then
announced each of the participants who were present and they were presented with Flying '%"
Certificates recognizing the occasion of their graduation from the program.
Mayor Daly and Council Members personally congratulated each of the graduates who were present.
They were commended for devoting the time to prepare themselves to assist the City in response to
emergencies should their services be needed.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
The Mayor also thanked Bob Berg for the work he does in the program and for bringing the graduates
forward for recognition.
119: DECLARATION OF RECOGNITION AND BEST WISHES: A Declaration of Recognition and Best
Wishes was unanimously adopted by the City Council and presented to Bill Griffith, a 40-year employee
of the City of Anaheim on the occasion of his retirement.
Mayor Daly. They are honoring this evening one of the legends of the Anaheim community, Bill Griffith,
who has worked for City government for 40 years, a milestone not often reached. He served with
distinction as Director of the Anaheim Library system since 1941 and most recently as Special Projects
Director for City Administration. Bill has been witness to four or five growth periods for the City including
the establishment and overseeing of every City Library one of the best library systems in the State. The
City has been a better place since Bill came to the community. The Declaration expresses the City's
appreciation for his service to and success of the City's Library system and also to wish him well in his
retirement.
Mr. Bill Griffith. He very much appreciates the recommendation. Looking back over 40 years, they have
been years that he has enjoyed and it has been his pleasure to make whatever contributions he could. It
has been great to have been a small part of the stature that Anaheim so deservedly enjoys.
119: PRESENTATION - RECOGNIZING CITIZEN POLICE ACADEMY, P.A.C.E. GRADUATES:
Recognizing the Citizen Police Academy, P.A.C.E. graduates.
Captain Stephen Sain noted that over the past three or four years, the Anaheim Police Department has
had a P.A.C.E. class participated in by over 200 citizens who have now graduated from the class.
Tonight, they are recognizing the 34 graduates from the 7th class held and who have participated in the
13-week program. Six of the members are present tonight.
Mayor Daly noted that the program was started a couple of years ago by Police Chief, Randall Gaston.
He then awarded the Flying '%" Certificates to those present and along with the Council Members
commended them as well as those of the 34 graduates unable to be present tonight. (Those present
were Susan Bryan, Chuck McBurney, Kathy Dutton Meyers, Linda Newby, Duane Roberts, David Wilson
and Donna Wilson).
The Mayor also thanked Ron Quick of the Police Department for assisting with the ceremony as well as
everyone in the Police Department involved in the P.A.C.E. program.
Mayor Daly then announced that U.S. Congresswoman Loretta Sanchez (46th Assembly District which
includes Anaheim) was present in the Chamber audience. He first expressed their appreciation to her for
taking the time to attend the meeting noting that Congresswoman Sanchez requested a few minutes to
speak.
Congresswoman Loretta Sanchez. It has been a challenging and exciting year and she thought it would
be appropriate to address the Council and the citizens to report on her activities and the
accomplishments achieved in 1997 especially relating to Anaheim. She then summarized significant
pieces of legislation approved, highlights of which were the establishment of a permanent INS presence
in the Anaheim City Jail (H.R. 1493) as well as establishing a nationwide program, acknowledging the
support given her by Council Members Zemel and Tait; received $5 million for Gene Autry Way, one of
the few demonstration projects included in the Bill, the Economic Development Administration approved
a grant of 1.3 million to do high tech jobs and business opportunities for the City at the Anaheim
Technology Center, met with FEMA on several issues of importance to the City (Santiago Landslide
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
issue, raising of Prado Dam), etc. Before concluding, she also noted the many community activities in
which she has participated and that of her staff who has worked with City staff on issues of concern to
the City. She further extended her assistance through her local office noting that she spends four days a
week in Washington and three days in Anaheim. She is committed to helping Anaheim in particular to
do what it wants to do and be the City's voice in Washington. It has been an honor and privilege to
represent the City especially since Anaheim is her home town.
Mayor Daly thanked Congresswoman Sanchez for taking the time to be present.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,664,318.00 for the period ending
December 12, 1997, in accordance with the 1997-98 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. (5:45
p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:46 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to the action taken last week to approve the Public
Benefit Programs recommended by the Utilities Department and stated, in his opinion, that the Council
should be ashamed not only for what was done, but how it was done. He expressed concern as he did at
the last meeting (see minutes of 12/9/97) that there was no public hearing, that it seems a shell game
was being played as well as selective obedience to State law. He would like the item agendized for
review and to take some of the reductions and scrutinize expenses to see if they have to dig as deeply
into the pockets of ratepayers.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Item A11 (see discussion under that item).
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of December 16, 1997. Council Member Lopez seconded the motion.
MOTION CARRIED.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A26: On motion by Mayor Daly,
seconded byCouncil 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. 97R-237 through 97R-241, both inclusive, for adoption.
Refer to Resolution Book.
Al.
A2.
A3.
A4.
A5.
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 Tamathy Solomon for property damage sustained purportedly due to
actions of the City on or about August 14, 1997.
b. Claim submitted by Juan G. Garcia for property damage sustained purportedly due to actions
of the City on or about August 14, 1997.
c. Claim submitted by Chung Kim Le for property damage sustained purportedly due to actions
of the City on or about August 14, 1997.
d. Claim submitted by Kha Dinh Dang for property damage sustained purportedly due to actions
of the City on or about September 6, 1997.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held October 23,
1997.
105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission
meeting held November 19, 1997.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held November
5, 1997.
112: Receiving and filing the Supplemental Law Enforcement Services Funds (SLESF) Report
for the month of November, 1997, as submitted by the City Treasurer.
117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of
November, 1997, as submitted by the City Treasurer.
128: Receiving and filing the Monthly Financial Analysis for four months ended October 31,
1997, as presented by the Finance Director.
175: Awarding a contract to the lowest responsible bidder, Bakersfield Well and Pump, in the
amount of $319,616.75 for Water Well No. 55 Drilling and Development; and in the event said
Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow
bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders.
158: Approving the Acquisition Agreement for real property at 1751 South Nutwood Street (R/W
5220-3) - Katella Avenue Smart Street Improvement project; authorizing the Mayor and City
Clerk to execute said Agreement; and authorizing the acquisition payment of $166,000 to Grover
Escrow.
158: Approving the Acquisition Agreement for real property at 1772 Gardenaire Lane (R/W
5220-18) - Katella Avenue Smart Street Improvement project; authorizing the Mayor and City
Clerk to execute said Agreement; and authorizing the acquisition payment of $153,000 to Grover
Escrow.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
A6.
123: Approving and authorizing the Mayor and City Clerk to execute Construction Utility
Agreement 12-UT-528 for sewer adjustments and inspection - Santiago Boulevard from Nohl
Ranch Road to Nohl Canyon Road.
A7.
000: Approving a reduction of the Stadium Area traffic improvement fees by 81% for the
proposed Tinseltown Studios/Sportstown Anaheim development.
Council Member Tait abstained due to a conflict.
A8.
170: Approving Lot Line Adjustment Plat No. 395 (Tinseltown Studios), located on the west side
of Lot 5 of Tract No. 71 in the City of Anaheim, south of Katella Avenue and east of State
College Boulevard.
Council Member Tait abstained due to a conflict.
A9.
160: Accepting the bid of E. C. Systems Corporation, in the amount of $91,171 for the upgrade
of the continuous emissions monitoring system located at the Combustion Turbine Generating
Station, in accordance with Bid #5718.
Al0.
123: Approving the federally funded FY 1997/98 Community Development Block Grant (CDBG)
Subrecipient Agreement between the City of Anaheim and Boys and Girls Club of Anaheim, Inc.,
in the amount of $35,000.
Jeff Kirsch, 2661 W. Palais, Anaheim. This is an application for $35,000. It seems to be put together
with "boilerplate" language. He asked if it received the normal CDBG review process. There is no detail
as to specifics and what concerned him, is the eligibility, who is eligible, etc. Item A13 also seems to be
boilerplate but at least it includes an explanation.
Lisa Stipkovich, Executive Director of Community Development. Relative to items Al0, 11, 12 and 13,
these items were already approved by the City Council in the Block Grant process. Each entity was
reviewed and the recommendations went to the Community Development Advisory Board, the citizen-
wide board made up of 15 individuals representing various boards and commissions and neighborhood
councils. She reiterated these applications/funds were already approved by the Council and they all
contain the same language in terms of Iow and moderate income requirements. At least 51% of the
recipients of the services have to be Iow and moderate income. All of the organizations have to submit
statistics and staff has a right to audit the program(s) and their financial status. She clarified none of this
is new money but money approved as part of the 1997-98 budget. It takes a while for the organizations
to get their documents together including insurance and other documents needed in order to process the
grants.
All.
A12.
A13.
A14.
123: Approving the federally funded FY 1997/98 Community Development Block Grant (CDBG)
Subrecipient Agreement between the City of Anaheim and Orange County Fair Housing Council
in the amount of $70,584.
123: Approving the federally funded FY 1997-98 Emergency Shelter Grant (ESG) Agreement
between the City and Orange County Association for Mental Health in the amount of $5,000.
123: Approving the federally funded FY 1997/98 Community Development Block Grant (CDBG)
Subrecipient Agreement between the City of Anaheim and Orange County Council on Aging,
Inc., in the amount of $21,000.
123: Authorizing the execution of an Agreement with H.T.E. Inc., in an amount not-to-exceed
$75,000 for programming and consulting services through June 30, 1999.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
A15.
A16.
A17.
A18.
A19.
A20.
A21.
161: RESOLUTION NO. 97R-237: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE ANAHEIM REDEVELOPMENT AGENCY'S PARTICIPATION
IN THE 1998 MORTGAGE CREDIT CERTIFICATE PROGRAM OF THE COUNTY OF
ORANGE, AUTHORIZATION OF THE COUNTY OF ORANGE TO APPLY, ON BEHALF OF
THE AGENCY, TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN
ALLOCATION OF AUTHORITY TO ISSUE MORTGAGE CREDIT CERTIFICATES, AND
AUTHORIZATION OF THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF
ORANGE.
123: Approving the Second Amendment to Lease Agreement for park purposes with the
Placentia-Yorba Linda Unified School District for Rio Vista School/Park, to amend the
boundaries of the school property.
123: Approving a Fourth Amendment to Agreement with Taormina Industries Incorporated to
haul tree waste for the purposes of recycling that waste.
123: Approving an Agreement with the Center for Employment Training (CET) for non-fee use
of the Jeffrey-Lynne Neighborhood Center for the purpose of providing a citizenship and job
training program.
144: RESOLUTION NO. 97R-238: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM WAIVING NOTICE OF DONATED SPACE AGREEMENT BY THE COUNTY OF
ORANGE FOR CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM. (WAIVER OF
60-DAY NOTICE BY THE ORANGE COUNTY HEALTH CARE AGENCY TO USE A PART OF
THE RANCHO LA PAZ MOBILE HOME PARK CLUBHOUSE AT 501 EAST ORANGETHORPE
AVENUE TO OPERATE A PUBLIC HEALTH CLINIC.)
185: Determining on the basis of the evidence submitted by the Walt Disney World Company,
that the property owner has complied in good faith with the terms and conditions of Development
Agreement No. 96-01 for the 1996-1997 review period - Disneyland Resort Project.
123: Approving an Agreement with Scott Fazekas and Associates, in an amount not-to-exceed
$150,000 annually; and approving an Agreement with Wildan Associates, in an amount not-to-
exceed $150,000 annually for Plan Review Services in connection with the Anaheim and
Disneyland Resorts.
A22.
123: Authorizing the execution of an Agreement with Concord Medical Group, Inc., dba
Gateway Medical Center, to conduct annual firefighter medical examinations for eighteen
months, beginning January 1, 1998.
A23.
114: Adopting the 1998 Legislative Program, and appointing two members of the City Council to
the City of Anaheim Legislative Liaison Committee.
Mayor Daly. The Council has all been briefed on this issue. There is a suggestion that there be a
Liaison Committee consisting of two Council Members. They can appoint those members this evening
or wait until the first of the year. His suggestion is to wait and handle this as part of the other Liaison
Committee appointments.
Council Member Zemel. If this is to be continued, he would also like to continue the legislative program.
He would like to have another meeting with Kristine Thalman to review the program.
Mayor Daly suggested that this item be continued until the first meeting in January.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
A24.
A25.
A26.
123: Authorizing an Amendment to Agreement with Hellmuth, Obata and Kasabaum, Inc., in an
amount not-to-exceed $308,761 for additional design fees and reimbursable costs in connection
with the Anaheim Convention Center Enhancement Project.
RESOLUTION NO. 97R-239: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING CERTAIN REAL PROPERTIES OR
INTERESTS THEREIN TO THE CITY. (R/W 5220-16)
RESOLUTION NO. 97R-240: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING CERTAIN REAL PROPERTIES OR
INTERESTS THEREIN TO THE CITY. (TEMPORARY EASEMENT DEED - WALT DISNEY
COMPANY - WEST STREET LOCATION.)
RESOLUTION NO. 97R-241: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING CERTAIN REAL PROPERTIES OR
INTERESTS THEREIN TO THE CITY. (R/W 5220-18, 5220-3, & 5180-49.)
114: Approving minutes of the Anaheim City Council meeting held November 18, 1997.
Roll Call Vote on Resolution Nos. 97R-237 throuqh 97R-241, 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. 97R-237 through 97R-241, both inclusive, duly passed and
adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait abstained from voting
due to a conflict of interest on Items A7 and A8.)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 24, 1997:
INFORMATION ONLY- APPEAL PERIOD ENDS DECEMBER 16, 1997:
179: CONDITIONAL USE PERMIT NO. 3978 AND NEGATIVE DECLARATION:
B1.
OWNER: Pick Your Part Auto Wrecking, 1301 E. Orangewood Ave., #130, Anaheim, CA 92805
AGENT: Cindy Galfin, 1301 E. Orangewood Ave., #130, Anaheim, CA 92805
LOCATION: 1235 South Beach Boulevard - Pick Your Part. Property is 4.5 acres located on the
west side of Beach Boulevard, 330 feet south of the centerline of Ball Road.
To construct a 2-story 3,700 square foot building for automobile glass and stereo/alarm sales
and installation and a walk-up restaurant with outdoor dining.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3978 GRANTED (PC97-167) (5 yes votes, 2 absent).
Approved Negative Declaration.
B2.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3975
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-12 AND NEGATIVE
DECLARATION:
OWNER: Arthur B. Wilmsen, c/o Wells Fargo, P.O. Box 63700, San Francisco, CA 94163
AGENT: Arco Products, Attn: Paul Loubet, 4 Centerpointe Dr., La Palma, Ca 90623
LOCATION: 1000 North State College Boulevard -Arco Service Station. Property is 0.50 acre
located at the northeast corner of State College Boulevard and La Palma Avenue.
To demolish an existing automotive service station to construct a new automobile service station
with a 3,584 square foot canopy and a 1,200 square foot convenience market with sales of beer
and wine for off-premises consumption with waiver of minimum structural setback and to
determine public convenience or necessity for sales of beer and wine for off-premises
consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the applicant.
B3.
179: VARIANCE NO. 3863, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Dr. Melvyn Henkin and Faith Henkin, 1300 Quail Street, Suite 106, Newport Beach,
CA 92660
AGENT: In-N-Out Burger, Attn: Raymund Villanueva, 13502 Hamburger Lane, Baldwin Park,
CA 91706-5885
MSL Engineering Inc., Attn: Mark Lamoureux, 402 W. Arrow Hwy., Suite 4, San Dimas, Ca
91773
LOCATION: 5640 East La Palma Avenue - Anaheim Hills Village. Property is 3.9 acres located
on the south side of La Palma Avenue, 370 feet west of the centerline of Imperial Highway.
To amend or delete conditions of approval to relocate an existing shopping center identification
monument sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for Variance No. 3863.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
B4. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3984 AND
NEGATIVE DECLARATION:
OWNER: Ming International Group, c/o Partners Realty Group, 5406 Alton Pkwy., Suite 631,
Irvine, CA 92714
AGENT: T.C. Crownover and Wendy Wild-Myers, 5405 Alton Pkwy., Suite 631, Irvine, CA
92714
LOCATION: 5247 East Oran,qethorpe Avenue. Property is 1.47 acres located at the northeast
corner of Orangethorpe Avenue and Post Lane.
To retain a 6,876 square foot private school within a 19,858 square foot commercial retail center
with waivers of (a) minimum setbacks for institutional uses adjacent to a residential zone
boundary (DENIED), and (b) minimum number of parking spaces (APPROVED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3984 DENIED (PC97-169) (4 yes votes, 1 no vote, and 2 absent).
Waiver of code requirement APPROVED, IN PART, waiver (a) DENIED on the basis that the
play area would eliminate the existing and required 20-foot landscaped buffer between the
commercial use and single-family residences; waiver (b) APPROVED on the basis that the total
number of parking spaces required by this particular use is less than the number of spaces which
would be required for a retail or service business occupying the same floor area.
Approved Negative Declaration.
An appeal of the Planning Commission's decision was submitted by Crown Private School in letter dated
December 9, 1997 and, therefore, a Public Hearing has been set for January 13, 1997.
B5.
179: VARIANCE NO. 4326, AND NEGATIVE DECLARATION:
OWNER: Koll Metro Centre, L.L.C., 4343 Von Karmen Avenue, Newport Beach, CA 90660
AGENT: Hogle-lreland, Inc., Attn: Kelly Ireland, 4200 Latham Street, Suite B, Riverside, CA
92501
LOCATION: 2060 South Santa Cruz Street. Property is 6.1 acres located north and east of the
northeast corner of Orangewood Avenue and Santa Cruz Street.
Waivers of minimum parking lot landscaping and minimum landscape setbacks adjacent to
interior property lines to construct additional parking spaces for an existing 22,599 square foot
office building.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4326 GRANTED (PC97-170) (5 yes votes, 2 absent).
Approved Negative Declaration.
REPORT AND RECOMMENDATION ITEMS:
B6. 179: CONDITIONAL USE PERMIT NO. 3839, AND NEGATIVE DECLARATION - REQUEST
FOR A RETROACTIVE EXTENSION OF TIME:
LOCATION: 315 South Knott Street.
Knott Avenue Christian Church, 315 South Knott Street, Anaheim, CA 92804, requests a
retroactive extension of time to comply with conditions of approval (to expand an existing church
facility to include a 2-story administration, classroom, fellowship hall, and gymnasium building
with waivers of maximum building height and minimum number of parking spaces).
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED extension of time to expire 6/10/98 (PC97-166) (5 yes votes, 2 absent).
Negative Declaration previously approved.
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
B7.
155: EIR NO. 320 (PREVIOUSLY-CERTIFIED) AREA DEVELOPMENT PLAN NO. 120
(PREVIOUSLY-APPROVED) - REQUEST REVIEW OF FINAL PLANS:
LOCATION: Property location is the Anaheim Stadium property.
Ogden Entertainment, Inc., Attn: Thomas C. Etter, Two Pennsylvania Place, New York, N.Y.
10121 and Turner Construction Company, Attn: Joel A. Seaton, 555 West Fifth Street, Suite
3700, Los Angeles, CA 90013, requests review of final plans for "Tinseltown Studios", a 700-
seat themed dinner theater.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reviewed and filed final plans for Tinseltown Studios.
EIR NO. 320 previously certified.
B8. 179: CONDITIONAL USE PERMIT NO. 3920 - REQUEST FOR REVIEW AND APPROVAL OF
FINAL PLAN, AND NEGATIVE DECLARATION (PREVIOUSLY-APPROVED):
LOCATION: Property is located at The Anaheim Hills Festival Shoppin.q Center.
OTR Ohio General Partnership, c/o Donahue Schriber, 3501 Jamboree Road, #300, Newport
Beach, CA 92660, requests review and approval of final plans for a previously-approved child
day-care facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans for CUP NO. 3920.
Negative Declaration previously approved.
END OF THE PLANNING COMMISSION ITEMS FROM 11/24/97.
ITEMS B9 - B12 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 4, 1997
DECISION DATE: DECEMBER 11, 1997
INFORMATION ONLY -APPEAL PERIOD ENDS DECEMBER 26, 1997:
B9.
179: ADMINISTRATIVE ADJUSTMENT NO. 131 CATEGORICALLY EXEMPT, CLASS 5:
OWNER: JOSE GUEVARA, 303 S. Agate Street, Anaheim, CA 92804
LOCATION: 303 South Aqate Street. Property is 0.19 acre located at the southwest corner of
Broadway and Agate Street.
Waiver of maximum fence height to construct a six-foot high blockwall.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 131 APPROVED (ZA DECISION NO. 97-27).
BIO.
179: CONDITIONAL USE PERMIT NO. 3633 AND NEGATIVE DECLARATION:
OWNER: HARVEY S. OWEN, P.O. Box 308, Buena Park, CA 92803
LOCATION: 1732 South Euclid Street. Property is approximately 0.55 acre having a frontage of
102 feet on the east side of Euclid Street, having a maximum depth of 232 feet and located 300
feet north of the centerline of Katella Avenue.
An amendment of a condition of approval pertaining to a time limitation to comply with
conditions to allow on-premises sale and consumption of alcoholic beverages within a previously
approved restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
APPROVED extension of CUP NO. 3633 to June 4, 1998 (ZA DECISION NO. 97-28).
Negative Declaration previously approved.
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
Bll.
179: VARIANCE NO. 4325, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: ELEQUIEL AND BLANCA AMBRIZ, 1243 E. La Palma Avenue, Anaheim, CA 92805
AGENT: ROBERT TABARES, 1819 E. Granada Court, Ontario, CA 91764
LOCATION: 1247 East La Palma Avenue. Property is 0.14 acre located at the northwest corner
of La Palma Avenue and Lark Street.
Waiver of maximum lot coverage and frontyard setback to construct a new 1,916 square foot
single-family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4325 APPROVED (ZA DECISION NO. 97-29).
B12.
179: VARIANCE NO. 4328, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: HERBERT R. AND SHIRLEY I. DRESSLER, 1260 Monterey Street, Anaheim, CA
92801
LOCATION: 1260 North Monterey Street. Property is 0.15 acre having a frontage of 63 feet on
the east side of Monterey Street, having a maximum depth of 101 feet and located 597 feet
north of the centerline of Grayson Avenue.
Waiver of rear yard setback to construct a 690 square foot, 2-story room addition to an existing
1,250 square foot, 1-story single-family dwelling.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4328 APPROVED (ZA DECISION NO. 97-30).
END OF THE ZONING ADMINISTRATOR ITEMS.
ITEMS B13 - B18 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 8, 1997:
INFORMATION ONLY -APPEAL PERIOD ENDS DECEMBER 30. 1997:
B13.
179: CONDITIONAL USE PERMIT NO. 2681, AND NEGATIVE DECLARATION:
OWNER: Gary & Jo Ann Turner, 480 N. Glassell Street, Anaheim, CA 92806
LOCATION: 430 North Glassell Street - Press Box Sports Bar and Grill. Property is 6.34 acres
located at the southeast corner of Frontera Street and Glassell Street.
To amend or delete conditions of approval pertaining to live entertainment in an existing
restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved live entertainment for CUP NO. 2681, to expire 6/8/99 (PC97-172)
(6 yes votes, 1 absent).
Negative Declaration previously approved.
B14.
179: CONDITIONAL USE PERMIT NO. 3642 AND NEGATIVE DECLARATION:
OWNER: Doris K. Richter, 5505 Garden Grove Boulevard #150, Westminster, CA 92683
AGENT: Ofelia Castellanos, 1086 N. State College Boulevard, Anaheim, CA 92806
LOCATION: 1086 North State Colleqe Boulevard - JC Fandan.qo Restaurant/Nightclub.
Property is 8.88 acres located north and east of the northeast corner of State College Boulevard
and La Palma Avenue.
To amend or delete conditions of approval pertaining to a time limitation to retain an existing
restaurant and nightclub including a public dance hall with sales of alcoholic beverages for on-
premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3642 APPROVED, to expire 11/1/98 (PC97-173) (6 yes votes, 1 absent).
Negative Declaration previously approved.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
B15. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3989
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-14, AND NEGATIVE
DECLARATION:
OWNER: MJD Properties, P.O. Box 9164, Newport Beach, CA 92650
AGENT: Jimmy Tong Nguyen, P.O. Box 15751, Newport Beach, CA 92659
LOCATION: 3150 West Lincoln Avenue. Property is 5.8 acres located at the southeast corner
of Lincoln Avenue and Western Avenue.
To permit a 9,200 square foot banquet hall facility with service of, but not sales of, alcoholic
beverages for on-premises consumption with waiver of minimum number of parking spaces and
to determine public convenience or necessity for service of, but not sales of, alcoholic beverages
for on-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3989 GRANTED (PC97-174) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Determination of Public Convenience or Necessity No. 97-14 WITHDRAWN.
Approved Negative Declaration.
B16. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3988, AND
NEGATIVE DECLARATION:
OWNER: Lincoln Plaza Development Company, P.O. Box 1839, Orinda, CA 94563-6839
AGENT: Sherwood G. Oklejas - Anaheim Chevrolet, 215 S. Euclid Street, Anaheim, CA 92802
LOCATION: 111 South Euclid Street. Property is 1.33 acres located south and west of the
southwest corner of Lincoln Avenue and Euclid Street.
To permit a 41,600 square foot expansion of an existing automobile sales lot display area
(Anaheim Chevrolet) with waiver of minimum landscape setback adjacent to an arterial highway.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3988 GRANTED (PC97-175) (4 yes votes, 2 no votes, and 1 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
Mayor Daly. He understands there is a request for waiver of landscaping along the Euclid Street
frontage. He would like to know staff's bottom line recommendation and the Planning Commission
decision.
Greg Hastings, Zoning Division Manager. The waiver had to do with the landscape setback requirement
along Euclid. There is a 10' landscape requirement for that area. The applicant asked for 4' to match up
with the existing Chevrolet dealer. Staff recommended he provide the full 10' and the Planning
Commission approved 4'. Also as part of that, there was a requirement that eight trees be placed in the
area. Staff recommended that the trees still be required but elsewhere on the site rather than the front
area. He clarified for the Mayor that staff recommended the full 10' wide landscape area but the
Planning Commission approved 4' as requested by the applicant.
Mayor Daly. Relative to the frontage trees, staff agreed they could be located elsewhere; Greg Hastings
confirmed that was correct and that the landscaping is sufficient for that corner.
Mayor Daly. He also understands that this was all acceptable to the property owner.
Greg Hastings. This was but another portion pertaining to four trees in the public right of way was not.
There was a condition recommended by Redevelopment staff that the applicant install four palm trees.
The applicant objected and the Planning Commission instead required that four canopy trees be
installed. It is his understanding that the applicant may be appealing the condition because he does not
want any trees in the public right of way. Two weeks are left on the appeal period.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
B17.
REPORT AND RECOMMENDATION ITEMS:
179: CONDITIONAL USE PERMIT NO. 3843 - REQUEST FOR REVIEW AND APPROVAL OF
LANDSCAPE PLANS, AND NEGATIVE DECLARATION:
LOCATION: Property is located at 2600 West Lincoln Avenue.
Skakour Cyrus, 2600 W. Lincoln Avenue, Anaheim, CA 92802, requests approval of landscape
plans for a previously-approved used automobile sales and automotive repair with retail sales
and installation of accessory automobile pads.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved landscape plans for CUP NO. 3843.
Negative Declaration previously approved.
B18. 179: CONDITIONAL USE PERMIT NO. 3962 - REVIEW AND APPROVAL OF FINAL
LANDSCAPE, LIGHTING AND ARCHITECTURAL PLANS AND MITIGATED NEGATIVE
DECLARATION: Dennis K. Linville, 515 Matin Street, #100, Thousand Oaks, CA 91360,
requests review and approval of final landscape, lighting and architectural plans for Conditional
Use Permit No. 3962 (to construct a 70,825 square foot, 2-level automobile sales, an interior
showroom, service bays, roof-mounted equipment, outdoor (at grade) and second level vehicle
display/parking area).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved approve the final landscaping, lighting and elevation plans with the modifications to
the landscape plan as recommended by the Community Development to comply with the Savi
Ranch Master Landscaping Plan by incorporating specific plants.
Mitigated Negative Declaration previously approved.
END OF THE PLANNING COMMISSION ITEMS FROM 12/8/97.
D1. 179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 351, RECLASSIFICATION
NO. 97-98-06 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3974
AND NEGATIVE DECLARATION:
OWNER: Choco Realty Corp., P.O. Box 5700, Orange, CA 92863
AGENT: Craig Clausen, 2795 W. Lincoln Ave., #F, Anaheim, CA 92801
LOCATION: 7777 East Santa Ana Canyon Road. Property is 3.06 acres located at the
terminus of Camino Tampico, 390 feet northeast of the centerline of Eucalyptus Drive.
General Plan Amendment No. 351: To amend the Land Use Element of the General Plan, to
redesignate this subject property from the Commercial Professional land use designation to the
General Commercial land use designation.
Reclassification No. 97-98-06: To reclassify this property from the existing CO (SC)
(Commercial Office and Professional (Scenic Corridor Overlay)) Zone to the CL (SC)
(Commercial, Limited (Scenic Corridor Overlay)) Zone.
Conditional Use Permit No. 3974: To permit a self-storage facility with waivers of permitted
freestanding sign, minimum number of parking spaces, maximum structural height and minimum
structural setback requirements adjacent to a freeway and a scenic expressway.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of GPA NO. 351, Exhibit A (PC97-159)
(6 yes votes, 1 absent).
Reclassification No. 97-98-06 GRANTED (PC97-160).
Approved waiver of code requirement.
CUP NO. 3974 GRANTED (PC97-161).
Approved Negative Declaration.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
HEARING SET ON: Informational item at the meeting of December 2, 1997, Item B2. Set for public
hearing due to the General Plan Amendment.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - December 4, 1997.
Mailing to property owners within 300 feet - December 4, 1997.
Posting of property - December 5, 1997.
STAFF INPUT:
See staff report to the Planning Commission dated November 10, 1997.
Greg Hastings, Zoning Division Manager briefed the project as outlined in the staff report including the
four waivers requested and approved by the Planning Commission.
Council Member Tait interjected and posed questions relative to signage wherein Mr. Hastings clarified
there was no waiver relative to signage but staff did recommend that the sign face Santa Ana Canyon
Road (SAC) rather than the freeway. Staff recommended rather than the free-standing sign and wall
sign that there simply be one wall sign facing SAC with no other signage.
Council Member Zemel. To understand, the Planning Commission approved a 5' monument sign and a
wall sign facing the freeway above staff's objections; Mr. Hastings answered that was correct. He further
explained for Council Member Zemel that code does not allow for any freestanding freeway signs. He
reiterated that staff would rather have the wall sign facing SAC Road. They do not feel it is important to
have advertising from the freeway since it is more a neighborhood type self-storage facility.
Mayor Daly. This is also the scenic corridor and the intent is to minimize signage to the extent possible
both on the 91 Freeway and SAC Road.
Greg Hastings. SAC Road is a scenic expressway and the freeway is a scenic highway. They are very
protective about both of those frontages. The reason for requesting only one sign on the building
towards the entrance, it would be an indicator of where to enter the property -- more directional than
advertising. The scenic corridor extends from the 55 Freeway all the way east to the City boundary at
Riverside County.
Mayor Daly opened the Public Hearing.
Jeff Farano, Attorney, representative of the owner, 2300 E. State College Boulevard, Ste. 235, Anaheim.
The Architect was to be present but has been detained on the freeway. The owner himself will review
some of the changes made as a result of the Planning Commission comments. He (Farano) will then
review some of the conditions that were imposed. The applicant is in agreement with all approvals and
condition by the Planning Commission, with a few exceptions that can be resolved. As already
discussed at the Planning Commission level, this project was designed for blending in with the
neighborhood and to make it look as residential as possible.
Craig Clausen, Agent for the Applicant. He first submitted the only rendering he had. The architect is
bringing the rest. It is the rendering the Council has seen previously in documentation submitted to the
Planning Commission and Council. They have inserted mature vineage growing on all the walls. The
roof lines along SAC have been developed with mission style roof tiles the full length of the project on
SAC. It harmonizes nicely with the neighbors. The sign is an issue of interest to all. He then submitted
a photograph he took today of a sign in Newport that was back lit and attractive. They propose a sign
perpendicular to SAC very modest in height that would look something like the sign in the picture. The
Planning Commission asked that they work it out with staff and they will be happy to do that. They are
trying to find something they think is appropriate and that staff will agree with as well. The Planning
Commission allowed single-story buildings with a 12' setback from residential. They have agreed to
place 37 trees running north and south between the residential community and their property. He
explained for Council Member Zemel they had a meeting with all the neighbors to ask for their input.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
They did want a higher fence. At the Planning Commission meeting, there were residents adjacent to
them on the south side of the freeway and they definitely wanted a high wall. Relative to the gate, there
is a wrought iron gate for access in the wall. The current owners, Children's Hospital, take care of part of
the landscaping on the other side of the wall. He is assuming there are access issues existing. The
neighbors want the gate removed which they will do and replace it with a wall.
Mayor Daly asked what type of signage was proposed on the freeway side.
Craig Clausen. What has been proposed on the blueprints is what is known in the industry as a "canned"
sign. Actually there are two such signs -- one is square and the other is called a unitized channel. It is
196 sq. feet. It is extremely modest given the size and length of the two buildings that parallel the
freeway.
Mayor Daly asked if the final design of the signs return to staff for approval; Greg Hastings. Any signage
will have to go back to the Planning Commission.
Council Member Lopez. He has concerns with any signage on the freeway. From Lakeview all the way
to Gypsum Canyon there are no signs. It will take away from the residential atmosphere from the 55
Freeway all the way east to the City limits. He feels they have done a good job of blending the project
into the community along the frontage of SAC and supports that but not the sign which would be the only
sign from the 55 to the east City limits.
Mayor Daly. He shares the same concern although he generally supports the project. Anaheim has
been very strict along that corridor and careful not to have lighted signage facing the freeway.
Council Member Lopez. He is not ready to vote on this tonight and suggests that they continue the
matter until the signage question is finalized. He cannot approve this without that issue being resolved.
His concern is a bright light sticking out as people ride home to their residences and they will surely hear
from the residents in the area.
Mayor Daly. They can deal with the signage themselves this evening or ask the Planning Commission to
deal with the sign issues.
Council Member Zemel. He sees the issue as being more from the people in Santa Ana Canyon and not
the freeway. They have to be careful about making statements that there are no signs on the freeway
and pointed to an instance where there is signage. If there is a way they can go forward with the project,
it sounds like there is consensus to do that and have the freeway issue held open for the Planning
Commission to make a recommendation if so, he would be willing to support it. He does not see the
issue as a huge one since it is freeway traffic.
Council Member Lopez disagreed and reiterated his concern relative to any signage facing the freeway.
He feels it is a perception of the residents living in that area where there are also some very expensive
homes.
Craig Clausen. He would be happy to go forward and work it out with the Planning Commission.
Jeff Farano then spoke to some of the conditions imposed. Condition No. 17 of Planning Commission
Resolution No. PC97-161 calls for 15 gallon trees on maximum 20' centers in the 3' setback. The
applicant has proposed 48 box trees at 40' centers along with required vines, shrubs and planting along
that area. A substantial number of trees have already been proposed for SAC Road and the change they
are proposing, which will be 30 trees, is only along the 91 Freeway.
Joel Fick, Planning Director, clarified for the Mayor that code requires a staff level review relative to the
trees.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
Jeff Farano. The other area of clarification is Condition No. 26 (PC97-161) which provides that they
come back for review to the Planning Commission and for staff to review the roof structures on all
buildings within the property. In the rendering what they have done is put the roof structure along SAC
Road to show what it would look like which adds 6' above the planting. They are concerned that to have
roof structures throughout the property on all the buildings that are not visible may be more than should
be required. Roof structures would be unnecessary for internal buildings. They are looking for
clarification that the roof structures only be required along the wall along SAC Road. as shown in the
rendering.
The Mayor expressed his concern with the view from homes in the area especially Eucalyptus Drive
having to look down on unsightly roofs. He feels that someone needs to do a sight test.
Jeff Farano. Condition No. 19 (PC97-161) restricts any advertising year round at all. What they are
asking for is on opening day that they have some banners and maybe once a year, on a weekend, a sign
or banner. The are not looking to do any advertising or promotion the rest of the year. He clarified that
they would like to have banners or a sign when they open at least at the entrance and once a year
thereafter.
Mr. Farano then referred to the date of April 10, 1998 that was imposed that the project is to be built or
come back for review. Basically what the Planning Commission said was six months and then imposed
the April 10th date. He would suggest that it be six months from the time the decision becomes final and
have it go on that date as opposed to picking April 10th because April 10 imposes a very short period of
time. He is asking that it be six months after approval and finality of the decision from the City Council.
Council Member Lopez. He asked if his client would consider not having a sign along the freeway. The
bottom line is there is a difference between self-storage, a shopping center or a supermarket. With the
thousands of vehicles going up and down SAC Road, he believes that is where they are going to get their
business. He again asked if the applicant would consider not having a sign at all.
Craig Clausen. He feels it would be shortsighted of him to give in on that. Staff has given him a lot of
good direction on the project. No sign is one option but it is not an attractive one.
Joel Fick, Planning Director then clarified for Council Member Lopez that all properties within 300' were
notified. The Planning Commission received one letter from a homeowner up the hill from the property
regarding some of the things that have been discussed. He feels that is why the Planning Commission
imposed the one condition related to at least looking at the line of sight and that roofs visible from
resident's properties should have a different roof type of structure. They notified people within 300' but
other people have been aware of this as well.
Summation by Applicant: Jeff Farano. Since there was no opposition, he feels it is an indication that the
applicant did his homework to design something that the neighbors would like. He met with
representatives of the area and designed the project in a way that would satisfy as many people as
possible. Relative to the sign, the one before them is probably as good or better than some of the estate
signs throughout Anaheim Hills. If he can do that same style of a sign on the freeway side, it may even
make a long building look better and more appropriate to the Anaheim Hills look. The Festival Shopping
Center does not have a sign but the gas station does. It is a Iow-key, Iow-line sign and their sign could
be the same way. The roof structures will be taken up with the Planning Commission and can be
resolved. They are very bland looking roofs. He feels they are going to like this project which will blend
in well and the neighbors will like having it.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
Mr. Farano then explained some of the things that had been done to inform the neighbors of the project
especially those in the residential area immediately to the west. Subsequently, they talked to the
Anaheim Hills Citizens' Coalition. Residential concerns were addressed at a meeting and as a result,
several changes were made to appease the neighbors. They did as much as they possible could to
inform as many people as possibly.
Council Member Zemel. He referred to a letter from the Anaheim Hills Citizens' Coalition which he
believes stated there were concerns and objections but changes had been made by the applicant to
accommodate those concerns and, therefore, the Coalition was not obejcting -- not supporting, but not
objecting.
Craig Clausen. He confirmed the letter was not supporting or opposing, but since they had taken care of
the neighbors, there were no problems with it as long as this was the project that was going to be built
under the zoning.
Jeff Farano produced and read the letter dated November 10, 1997 from Patrick Pepper, Chair, Anaheim
Hills Citizens' Coalitition to members of the Planning Commission. It stated, in part, "If the project is
approved with some deed restriction or other legal mechanism to restrict use, the facility could be of
benefit to the area."
Council Member Zemel. With regard to the deed restriction, there was a concern that the deed
restriction limit the use. The concern he would have is that something else might be built.
Jeff Farano. A condition imposed by the Planning Commission upon purchasing the property, that a
deed be recorded with the County Recorder restricting the use of this property only to this project. That
has not been drawn up as yet.
City Attorney White. In the past, they have not made it a practice to impose conditions upn rezoning
including deed restrictions. However, under existing case law, he believes such a restriction should be
enforceable. He cannot guarantee that but there are cases to the effect where the owner agrees to such
a restriction it is enforceable.
Mayor Daly closed the Public Hearing.
Mayor Daly. There appears to be at least three issues that are not settled this evening. The sense he
gets, there is a comfort level with the change in the General Plan designation and with the proposed use
at this site but the design details and signage, needs to be worked out. This is a 50-year long-term
construction project in a planned community and residential neighborhood. They owe it to the neighbors
to be extra careful with signage, landscaping, the roof details and any other details that apply. Because
of those reasons, he is recommending a continuance until January 13, 1998 to allow sufficient time for
the staff and the applicant to go into details and bring back solid recommendations as well as any
alternatives and choices that may exist. The applicant stated he wanted the sign facing the freeway. He
should show the Council exactly how it is going to look and they can then decide. The AHCC letter said
they were opposed to a monument sign on SAC Road as he understood. Even though they "blessed" the
concept of self-storage facilities, they also have signage concerns. There may be other points but he is
proposing continuing the Public Hearing to January 13, 1998 to work out the issues of signage,
landscaping and roof structures and maybe a setback issue that might exist and also a question on the
timing.
MOTION. Mayor Daly moved to continue the subject Public Hearing until Tuesday, January 13, 1998.
Council Member Tait seconded the motion.
Before a vote was taken, Mr. Farano asked for clarification. The Planning Commission resolution said
that the sign and the roof would come back to them for review and recommendation but what the Council
is doing tonight is to have the decisions made by the City Council as opposed to the Planning
Commission.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
Mayor Daly. He suggests that he assume that it is going back to both bodies -- to the Council and
Planning Commission. The Planning Commission asked to see the final roof plans and final signage
plans. That is a good idea but he is hearing from his colleagues they want to see it too. It may not be
the final, final on the 13th for roofs and signage. As far as he is concerned, they want to see more detail
and the Planning Commission will still be involved as outlined in all the staff reports. Just as an
example, the Planning Commission stated all buildings have a roof structure with mission-style tiles for
all of the buildings. That is just one example. They need assurance that will happen and then it will go
back to them.
A vote was then taken on the motion of continuance to January 13, 1998. MOTION CARRIED.
C1. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney White reported that the Council approved a 60-day Tolling Agreement with South Coast
Cab Company relating to possible litigation concerning denial of Taxi Cab Permit on October 28, 1997.
The vote was ALL AYES.
C2. 114: COUNCIL COMMENTS:
Council Member Zemel. He has a concern over an RFP (Request for Proposal) that has gone out
regarding ambulance service in the City. He was told in front of the Council Meeting when the decision
was made to go forward by the City Manager, it would not go out until it came back to the Council first for
input and that the existing ambulance company would also have an opportunity to discuss the matter.
The existing business that does the ambulance work has quite a bit of investment into the community.
He reiterated he was promised this would not go out without his knowledge and without having a chance
to look at it and talk about it. He would like a written report by the next Council Meeting as to why that
was not done or a response now.
City Manager Ruth. If that was the understanding, he apologizes. The understanding was that staff was
going to meet with all the service providers which they did. They got all their input, solicited additional
questions from them, called them back to be sure there were no further questions, completed the RFP
process and announced it would be sent out. There will be an evaluative process by staff when the
RFP's come back in and recommendations submitted to the Council. The City Council will be reviewing
whatever those recommendations ultimately turn out to be at some future date, probably at least 30-45
days away. Normally they would not review with and get approval on the process from Council. The
Council in the past to his knowledge has not reviewed the RFP itself. The process allows for plenty of
input from the providers. Staff took all the recommendations into consideration to the extent that one
provider called and said he had two additional recommendations for consideration and those were
incorporated into the RFP before it was sent out.
Council Member Zemel. In no uncertain terms, he most definitely felt he was told directly that before it
went out, he would have the opportunity to talk to him (Ruth) about it one on one at least if not in
executive (closed) session. He may have some concerns he would like to talk to the City Manager about
amending it. He would like to know what he is told is going to happen happens without deference to what
has happened in the past.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES DECEMBER 16, 1997
Mayor Daly. As a point of clarification, there is a document called the City Charter which lays out the
prerogative of the City Council in terms of setting policy and the prerogative of City Administration.
There is such a thing as administrative interference. Any Council Member who wishes to review the
language of an RFP with administrative staff needs to keep that in mind.
Council Member Lopez. He had the same concern as Council Member Zemel. City Manager Ruth said
before it goes out, he would contact him (Lopez) to discuss any concerns. The next thing he knew, it
went out. He said he would like to know what is going on before it goes out and the City Manager
assured him he would do that. The City Manager said it was in his packet on Friday but by the time he
called the City Manager on Monday morning it was too late.
City Manager Ruth. He again apologized if that was the understanding -- the intent was, and he thought
the major concerns expressed by the Council was for staff to get input from the providers and they were
very diligent in that regard. They did meet with all of the providers at a pre-RFP process where they
reviewed the matter, got their input and incorporated all that into the process. They thought they had
covered all the bases. They gave it to the Council on Friday. Unfortunately, he was not present when it
was submitted on Friday. It was released on Monday and they should have had more time to review it.
The Council undoubtedly will be making the decision when it comes before them with the
recommendation from staff.
Council Member McCracken. She wished Happy Holidays to members of staff and the community as
well as a happy and successful 1998.
Mayor Daly. The next Council Meeting will be held January 6, 1998. The New Year will be full of activity
in the City. The City Manager has sent out a memo to every City employee highlighting the various
activities under way -- the Downtown Community Center is scheduled to open in May, Disneyland will
complete renovation of Tomorrowland, the baseball stadium renovation program will be completed in
late March or early April. It promises to be a year where many projects are completed as well as many
projects will remain under way. He wished everyone a great holiday season.
ADJOURNMENT: 7:10 P.M. The next scheduled Council Meeting will be held on January 6, 1998.
LEONORA N. SOHL
CITY CLERK
20