1998/12/15ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES,
DECEMBER 15, 1998
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken,
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASST. CITY CLERK: Ann Sauvageau
TRAFFIC/TRANSPORTATION MANAGER: John Lower
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hasings
EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:30 p.m. on
December 11, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Pro Tern, Shirley McCracken called the workshop portion of the meeting of December 15, 1998 to
order and welcomed those in attendance (3:25 P.M.).
City Manager, Jim Ruth. This is the alloted time for the presentation by Public Works on Urban Rail
Technologies Update. John Lower, the City's Traffic and Transportation Manager will make the
presentation. Representatives from OCTA (Orange County Transportation Authority) are also present.
(Mayor Daly and Council Member Feldhaus entered the Council Chamber - 3:29 P.M.).
URBAN RAIL TECHNOLOGIES UPDATE: John Lower, Traffic and Transportation Manager then
gave his presentation (supplemented by Power Point slides). Anaheim is one of seven cities participating
with OCTA on Urban Rail, a program which had its beginning in 1990 with the passage of Measure M
which earmarked $340 million for development of a high-capacity advanced rail transit project. The City
Council in April, 1997 voted to support continued evaluation of elevated rail alignments with an Anaheim
Regional Transportation Center and with clean fill shuttle serving major activity centers. The current
OCTA study goal is to develop a lower cost alternative as compared with the locally preferred strategy
which is fully elevated. The lower cost alternative would be mostly at grade but still have direct access
to major activity centers. Mr. Lower's presentation then gave a status update of Urban Rail, the present
alignment (starting in Fullerton, down existing Lemon Street/Anaheim Boulevard/Civic Center Area,
crossing Ball Road over to Harbor, down through the intersection of Harbor and Katella, easterly to State
College, and down into the City of Orange), the study purpose (major effort at this time to complete a
draft EIR), seven proposed stations in Anaheim, Notice of Preparation being conducted by OCTA with
extensive community outreach, next steps to be taken, Anaheim preferences, steps to complete, etc.
(Also see folder submitted containing information - What is Community Rail, Urban Rail Technologies
Update, Community Rail in Orange County - made a part of the record).
In concluding, Mr. Lower stated that on January 5, 1999, the Council will be asked to consider a
resolution to the OCTA Board and on January 25, 1998, OCTA will be selecting alternatives to take into
the environmental process for study which includes the elevated LPS, lower cost LCA, and the no-build
alternative. Staff will be requesting the one he just outlined (proposed station locations, 1) in the vicinity
of LaPalma Park/LaPalma and Anaheim Blvd., 2) Anaheim Blvd. and Broadway, 3) Anaheim Blvd. and
Ball Road, 4) Anaheim Resort, 5) Katella and Lewis, 6) Katella and the existing Amtrak-Metrolink Station
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
and, depending on the alternative, 7) a station at the Pond (Arena) or at the Stadium). In the Spring of
1999, the Council will be asked to approve land use and development policies on station locations and in
a year from now, the OCTA Board will make a decision as to build or no build of an urban rail system
serving Orange County. Dave Elbon and Dinah Minteer of OCTA and their IBI Consultant, Allister Bailey
are present to answer questions.
An extensive line of questioning was posed by Mayor Daly and Council Members which were answered
by Dave Elbon, Director of Planning Development, OCTA during which he relayed the following: if a no-
build alternative was chosen, the funds would be otherwise allocated by OCTA, the Measure M Oversight
Committee is not asked for specific approval on certain projects, he briefed the "candidate" technologies
- light rail, automated guideway and monorail, ridership present and projected, it will not be self-funding
(recovery for light rail will be approximately 30%), there will be a direct or indirect connection to John
Wayne Airport, explained strategies for providing parking for users, etc.
Before concluding, Mayor Daly also asked if the EIR or any of the existing studies compare or contrast
Orange County to San Diego, San Jose, Portland or other West-Coast cities that have rail systems;
Dave Elbon. He believes there is a study they did that looked at densities of employment and
population; however, he feels the best thing to do is come with them to other communities and meet with
the people to get first-hand experience. They would be more than happy to arrange such visits. The
three they recommend that would be most applicable to Orange County is first, San Jose which is mostly
in the street; San Diego and Portland would show how rail can be better integrated into a community. He
also explained for Council Member Tait that ridership on the Blue Line (Los Angeles) has exceeded early
projections. He does not know if the Green Line (which was not constructed all the way to LAX) has done
the same, and the Red Line is under construction. He then also confirmed that they will be back in
December of 1999 with what is called the "locally preferred alternative" and at that point, would like to do
a "cut and paste" and try to assemble the perfect rail line. Relative to the top four or five activity centers
(as questioned by the Mayor), when they look at activity centers they look at employment. He believes
that No. 1, 2, 3 and 4 is Disneyland, not just the park, but the Convention Center as well. "Ground Zero"
is Harbor and Katella.
Council Member McCracken expressed concern that light rail which is being proposed is similar to
trolleys and Anaheim is spending millions to underground utility lines. It seems it is a step backward to
put up two rows of electrical lines to power the trolleys.
Mr. Elbon stated that if they visit the other cities they will be able to see how they have dealt with that
concern. The wires can hardly be seen. There are a variety of choices and costs to deal with and they
are very sensitive in particular to the Resort Area. There are a number of options.
Council Member McCracken. The technology (light rail) was one which went away when she was a child.
She was hoping there would be a higher technology. She has reservations about the technology and that
is one of her concerns. She is looking for as high-tech as you can get.
Mayor Daly. This will be back to the Council on January 5, 1999. They will have an opportunity to ask
additional questions today or in the next three weeks. Staff can guide them in making the best decision.
He asked them to keep in mind two alternatives through the downtown area -- one being Harbor
Boulevard and the other, Anaheim Boulevard. He then took the opportunity to introduce the people who
were present from OCTA -- Dinah Minteer, OCTA Project Manager (who was present earlier), Allister
Bailey, Urban Planning Consultant on the Project, and also members of OCTA staff, Alice Rogan, Jose
Solado and Lisa Burke.
PUBLIC COMMENTS:
Miriam Kaywood, Anaheim resident (former Council Member). She is concerned with the alternative
using trolley cars. With populations as they are today, she does not know how they could take out two
lanes of a busy street. Also with people getting on or off, they will then have to get to the curb. Vehicles
using the street would then have to stop every two minutes or so. All those questions have to be
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
answered before even looking at the cost. She would like to know how that system works in San Jose. If
they have solved those problems, Anaheim needs to know.
Linda Lee Grau, 24 Morning Dove, Irvine. Americans for a long time have been known for having a lot
of get up and go, mostly by autonomous travel. One form of travel is a "Goped" which could reduce
urban car travel by 50%. In her opinion, urban rail is a bad idea because those who are in government
could control people's mode of travel. There are a lot of better ways to travel, including deregulating the
taxi cab business in Anaheim.
Mayor Daly thanked staff and the representative(s) from OCTA for the detailed and informative
presentation.
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:
Linda Lee Grau, 24 Morning Dove, Irvine. She asked if the Council had received any letter
communications asking that Savis Roditis be allowed to have his 40 cabs in Anaheim.
City Attorney White interjected and stated that this item will be discussed with the Council in Closed
Session· This is the time for members of the public to make statements and not to question the Council·
Linda Grau. She has 11 pages of names, addresses and telephone numbers of people who are very
interested in seeing the "duopoly" (the two cab companies presently doing business in Anaheim) ended.
Only two cab companies are allowed to pick up fares in Anaheim which does not make sense. The
people on the list are from Anaheim and may have written or will be writing the Council asking for
deregulation of the cab company business in the City.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existincl Liticlation:
Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange
County Superior Cout Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existincl Liticlation:
Name of case: In The Matter Of The City of Anaheim, Et AI., SEC Admin. Proc. File No. 3-9739
(LA-772).
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existincl Liticlation:
Name of case: South Coast Cab vs. City of Anaheim, Orange County Superior Court Case No.
80-03-59.
CONFERENCE WITH LABOR NEGOTIATOR
Employee organization: Anaheim Fire Association·
RECESS:
Mayor Daly moved to recess into Closed Session.
motion. MOTION CARRIED. (4:00 p.m.)
Council Member McCracken seconded the
AFTER RECESS:
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Mayor Daly called the regular Council meeting of December 15, 1998 to order at 5:50 p.m. and
welcomed those in attendance.
INVOCATION:
Reverend Bob Kuest of the Anaheim First Christian Church gave the invocation
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag.
119: PRESENTATION - AWARD FROM STATE OF CALIFORNIA - DEPARTMENT OF HOUSING
FOR PASEO VILLAGE: Award to the City of Anaheim Redevelopmerit Agency from the State of
California Department of Housing for the Paseo Village project.
James Rathbone, Assistant to the Director of the Department of Housing, State of California stated it was
an extreme pleasure for him to represent the Department in awarding to the Redevelopment Agency the
Director's Award for Housing Development Excellence for the Paseo Village Revitalization Project. The
award was established by Housing and Community Development (State) in recognition of the significant
contributions and growing importance of Redevelopment Agencies in meeting California's housing
needs. The State has given only six such awards out of 70 entrants.
Mayor Daly thanked Mr. Rathbone and then invited his colleagues to come forward as well as Lisa
Stipkovich, Executive Director of Community Development and Bertha Chavoya, Housing Manager to
join the Council/City in accepting the prestigious award.
119: PRESENTATION RECOGNIZING ERNESTO CAMARGO AWARD RECIPIENT:
Recognizing Emesto Camargo (8 years old) for receiving an award from the Govemor's Council on
Physical Fitness and Sports for outstanding sportsmanship in the Anaheim Community Foundation's
Grand Slam Tennis Program.
Sarah Alevizon, President, Anaheim Community Foundation. She explained that the Foundation
sponsors the Grand Slam Tennis Program and it is her pleasure to introduce its special participant,
Ernesto Camargo (now eight years old but six when he entered the program) and a student at Franklin
Elementary School. Ms. Alevizon explained the program for which ACF provides funding. (The Grand
Slam Tennis Tournament provides tennis instruction to participants in the Community Service
Department's Kid's N Action Program). Ernesto is being honored for his outstanding efforts and
sportsmanship. He was accompanied by his Mother, Martha who has dedicated herself to supporting her
son in this sport.
Mayor Daly and Council Members congratulated Ernesto and presented him with a Flying "A" Certificate
recognizing him "as a recipient of recognition by the Governor's Council on Physical Fitness and Sports
for Outstanding Sportsmanship in Youth Sports through his participation in the "Grand Slam Tennis
Program."
Ernesto and his Mother thanked everyone for the program and for everything in general.
119: DECLARATION OF RECOGNITION - WILLIAM H. "BILL" SPEHN: A Declaration of Recognition
was unanimously authorized by the City Council to be presented to Mr. Spehn for his contributions to the
City of Anaheim.
Mayor Daly read the Declaration in full to point out all of the things Mr. Spehn has done in devoting over
40 years of his life to community service in Anaheim, i.e., providing exceptional leadership and direction
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
to numerous organizations, including the Kiwanis Club, Anaheim Youth Employment Service, Anaheim
Arts, Council, Anaheim Museum (where the Children's Gallery has been named in his honor), service to
his church (St. Justin Martyr) and the Halcyon Anaheim Interfaith Shelter.
Council Member McCracken stated on behalf of the Kiwanis Club of Greater Anaheim, since Mr. Spehn
is their Honorary President this year, she presented him with a copy of their Hotline which lists all of the
appointments he (Spehn) made for 1998-99.
William "Bill" Spehn accepted the Declaration stating that his "heart is so full." (He then received a
standing ovation from all present in the Chamber audience.)
Mayor Daly and Council Members personally congratulated and commended him for all the wonderful
work and lifelong commitment he has given to community service and the residents of Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $7,503,837.92 for the period ending
December 15, 1998, in accordance with the 1998-99 Budget, were approved.
Mayor Daly recessed the City Council Meeting until after the Redevelopment Agency meeting. (6:12
p.m.)
Mayor Daly reconvened the City Council Meeting. (6:14 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Linda Lee Grau, 24 Morning Dove, Irvine 92604 (949-651-1065) She hopes the Council will encourage
every kind of self-govemorship and self-determination that comes before them this evening.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of December 15, 1998. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A32: On motion by Mayor Daly,
seconded by Council Member Kring, 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-260 through 98R-263, both inclusive, for adoption.
Mayor Daly offered Ordinance No. 5654 for adoption. Refer to Resolution/Ordinance Book.
A1.
105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held
September 24, 1998.
117: Receiving and filing the Investment Portfolio Report for the month of November, 1998, as
submitted by the City Treasurer.
117: Receiving and filing the Amended Investment Portfolio Report for the month of October,
1998, as submitted by the City Treasurer, revised to reflect maturity timing differences.
A2.
167: Awarding a contract to the lowest responsible bidder, Pro Tech Engineering Corporation, in
the amount of $234,549 for the base bid plus Additive Alternates 1-6, 9-14 and 18 for the Real
Time Traffic Surveillance CCTV/Fiber Optic Cable Installation for the SR-91/La Palma Avenue
East Corridor; and in the event said low bidder fails to comply with the terms of the award,
A3.
A4.
A5.
A6.
A7.
A8.
A9.
A10.
All.
A12.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of
both the low and second low bidders.
167: Awarding a contract to the lowest responsible bidder, Pro Tech Engineering Corporation, in
the amount of $339,320 for the base bid plus Additive Alternates 1-6 and 9-12 for the Real Time
Traffic Surveillance CCTV/Fiber Optic Cable Installation for the SR-91/La Palma Avenue West
Corridor; and in the event said low bidder fails to comply with the terms of the award, awarding
the contract to the second low bidder, as well as waiving any irregularities in the bids of both the
low and second low bidders.
175: Approving Contract Change Order No. 1, in the amount of $9,490.51, in favor of Mastec
Comtec, for the Lewis Substation 12kV Underground Get-A-Way Upgrade; and authorizing the
Director of Public Works to execute Contract Change Order No. 1, and all related documents.
175: Approving Contract Change Order No. 1, in the amount of $126,955, in favor of Valverde
Construction Company, Inc., for the Santa Ana Street/Sycamore Street Watermain Replacement
and Relining; and authorizing the Director of Public Works to execute Contract Change Order
No. 1, and any related documents.
170: Approving the Final Map of Tract No. 15422, and the Subdivision Agreement with Kaufman
and Broad, and authorizing the Mayor and City Clerk to execute said Subdivision Agreement.
Tract No. 15422 is located on Olive Street north of Broadway, and is filed in conjunction with
Reclassification No. 96-97-10.
170: Approving the Final Map of Tract No. 15589, and authorizing the Mayor and City Clerk to
execute said Tract Map. Tract No. 15589 is located at the southwest corner of Adele Street and
Sabina Street, and is filed in conjunction with Reclassification No. 97-98-01.
158: Approving the Acquisition Agreement for real property located at 1700 South Harbor
Boulevard (R/W 5210-11 & 12) - Anaheim Resort Area Improvement Project; authorizing the
Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of
$160,000 to Pyrovest Corporation.
158: Approving the Acquisition Agreement of real property located at 1717 South West Street
(R/W 5338) - Anaheim Resort Area Improvement Project; authorizing the Mayor and City Clerk
to execute said Agreement; and authorizing the acquisition payment of $177,632 to P.C. &R's
Chao Family Limited Partnership L.P.
176: RESOLUTION NO. 98R-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and service
easements, and setting a date and time to consider abandoning a portion of that certain right-of-
way commonly known as Anaheim Way, located west of Claudina Way; and quitclaiming the
City's interest to Mr. Robert Perry, and waiving the required fees and costs, in connection with
the I-5 Freeway widening. (ABANDONMENT NO. 98-16A.)
(Suggested public hearing date: January 12, 1999, at 6:00 p.m.)
174: RESOLUTION NO. 98R-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM to continue a Disadvantaged Business Program for all projects in the City of
Anaheim receiving United States Department of Transportation funding and establishing a
Disadvantaged Business Enterprise Goal of 13.00% for the Federal Fiscal Year ending
September 30, 1999.
158: RESOLUTION NO. 98R-262 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 5383)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
A13.
160: Accepting the low bid of Computer Bay, in the amount of $23,625 for mobile data computer
memory cards for the Police Department, in accordance with Bid #5875.
A14.
160: Accepting the low bid of National Airmotive Corporation, in the not-to-exceed amount of
$97,401.70 for the overhaul of a turbine engine for Police Helicopter N1726A, in accordance with
Bid #5860.
A15.
160: Accepting the low bid of Rome Cable Corporation, in the not-to-exceed amount of
$437,543.17 for 21,700 feet of copper 15KV 1000 KCMIL underground primary cable, in
accordance with Bid #5866.
A16.
160: Waiving Council Policy #306, and authorizing the Purchasing Agent to issue a purchase
order to Southwest Power, Inc., in an amount not-to-exceed $70,000 annually for fuse
mountings, as required, for a one year period beginning January 1, 1999; and authorizing the
Purchasing Agent to exercise annual renewal options for two additional years.
A17.
160: Waiving Council Policy #306, and authorizing the Purchasing Agent to issue a purchase
order to Canada Power Products, c/o Matzinger-Keegan, in the amount of $74,344 for five multi
way controller cabinets including controllers, motor operators, cable and enclosures for a switch
automation project at Harbor Boulevard.
A18.
113: RESOLUTION NO. 98R-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the destruction of certain City records more than two years old. (Audit
Division)
A19.
123: Approving a Fifth Amendment to Agreement with Taormina Industries Incorporated to
continue to haul tree waste for the purpose of recycling that waste from January 1, 1999, to
December 31, 1999, at a cost of $76.10 per container.
A20.
123: Approving the Historical Preservation Agreement by and between the City of Anaheim and
Ganlaon, Inc., for ten years, in connection with Thee White House, pursuant to the Mills Act.
Mayor Daly. He acknowledged the role of Thee White House and the owner, Mr. Bruno Serrato, who
was present in the Chamber audience, designating his building and property as an historic preservation
site.
A21.
130: ORDINANCE NO. 5654 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving a four year franchise agreement with Century Valley Cable Corporation and
Century Communications Corporation pursuant to Ordinance No. 4087, as transferred and
amended, and setting forth certain other agreements of the parties. (Introduced at the meeting
10/13/98, Item D2, amended first reading on 11/17/98, Item D4, re-introduced (amended first
reading) at the meeting of 12/1/98, Item A25, and an amended first reading on 12/8/98, item A7.)
A22.
123: Waiving Council Policy 401, and approving a two-year Agreement with David Taussig &
Associates, Inc., in an amount not to exceed $29,500 per year, for consulting services in
conjunction with the City's administrative responsibilities, tax rate setting and collection for
Community Facilities Districts Nos. 1989-1, 1989-2, and 1989-3, for Fiscal Years 1998/99 and
1999/00.
A23.
123: Approving a Utility Pole Lease Agreement with Nextlink California, Inc., to lease pole space
on City poles to Nextlink, and authorizing the Public Utilities General Manager, on behalf of the
City, to execute said Agreement and related documents necessary to implement the Agreement.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Council Member Tait. Relative to this recommendation, his concern is the visual appearance that will
result. No pictures were provided and he would like to know if any are available.
City Manager Ruth. He will check with Utilities. In the event the City goes underground, with this
agreement, they (Nextlink) are also required to go underground at their expense.
Council Member Tait. It is a 25-year lease and if there is visual blight, he is going to think twice about
approving this.
Dale Tarkington, Assistant General Manager/Electric Services, Public Utilities. The agreement is not to
place antennas on the poles but allow them to attach wire fiber cable on certain poles just like they have
done with other utilities in the City. He then clarified for the Mayor that it will be a piece of fiber cable
that runs on a few poles at Santa Ana and East Street and they will have to underground at a future date
when the City does so. At this time, there are no projects scheduled for either of those two streets.
A24.
123: Approving an Agreement with the Orange County Community Development Council, in an
amount not to exceed $75,800 to expand the weatherization program to more low income
customers in Anaheim; and authorizing the Public Utilities General Manager, on behalf of the
City, to execute said Agreement and related documents necessary to implement said
Agreement.
A25.
123: Approving a Second Amendment to Agreement with EES Consulting Services, Inc., to
provide additional consulting services related to rate design, cost of service review and other
services related to positioning the electric system in the new competitive market, in an amount
not to exceed $100,000; and authorizing the Public Utilities General Manager to execute said
Amendment, on behalf of the City, and any related documents necessary to implement the
Agreement, as amended.
A26.
123: Approving a Second Amendment to Agreement with R. W. Beck, in an amount not to
exceed $175,000 for additional consulting services to assist the City in completing the third
phase of the Strategic Options process; and authorizing the Public Utilities General Manager to
execute the Second Amendment on behalf of the City, and any related documents necessary to
implement the Amendments.
A27.
123: Approving an Agreement with GRT and Associates, Inc., in an amount not to exceed
$250,585 during the term of the Agreement, to assist the Public Utilities Department with the
implementation and administration of Anaheim Advantage Services for Businesses; and
authorizing the Public Utilities General Manager, on behalf of the City, to execute the Agreement
and related documents necessary to implement said Agreement.
A28.
160: Accepting the low bid of Hoffman Video Systems, in the amount of $53,721 for video
equipment and related parts/materials, in accordance with Bid #5864. (Items to be installed in
Council Chamber.)
Council Member Feldhaus. In conjunction with this action, he asked if there was anything planned to try
to attenuate the noise and sound in the vestibule just outside the Council Chamber. If not, he would
appreciate that being done because it has been distracting many times when trying to conduct the
Council Meeting; City Manager Ruth stated he does not believe that was considered but staff will be
happy to do so.
A29. 105: Receiving and filing minutes of the Public Utilities Board meeting held November 5, 1998.
A30.
123: (1) Approving the Lease by and between the City of Anaheim and Glacier of Anaheim,
LLC., and authorizing the City Manager to execute all necessary documents; (2) approving the
Letter of Intent by and between the City of Anaheim and Summit Commercial Properties, Inc.,
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
and authorizing the City Manager to execute all necessary documents; (3) approving the
concept plan for the first phase of Sportstown, and finding it consistent with Area Development
Plan 120, and Environmental Impact Report 320.
Council Member Tait. He is declaring a conflict on the portion of this proposed action, item (2) relating to
Summit Commercial Properties, but will be voting on the Gotcha Glacier of Anaheim portion.
Later in the meeting after the vote was taken to approve this item along with the rest of the Consent
Calendar items, Council Member Tait stated, relative to Gotcha Glacier, he looks forward to the
investment of approximately $65 million in the City by this firm and he wished them the very best.
Mayor Daly. He explained for the public that this item is the business deal, the financial arrangement
between the City as land owner and Gotcha Glacier as lessee. In the future, they will have the final
design of the building and other details brought back to the Council. He asked the City Manager when
that will occur.
City Manager Ruth. It will be brought back some time in late January or early February. There is a 90-
day due diligence that will be working through the issues. He also noted that with the Summit project,
they will be constructing a 250,000 square foot quality office building which will provide a great
combination -- commercial/retail and a commercial building.
Mayor Daly. The two projects together - Gotcha Glacier and the Summit office buildings -- are both part
of the Sportstown development to be built on a portion of the Stadium property. Over the next 30 years,
in today's dollars, the worth to the City will be almost $38 million. It will actually be far more than that in
total over the 30-year period but this is net present value capitalized today. The return to the City is
almost $38 million. They look foward to ground breaking and completion of the projects.
A31.
105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission
special meeting held October 21, 1998.
A32.
114: Approving minutes of the Anaheim City Council meeting held November 17, 1998.
Council Member Feldhaus and Council Member Kring abstained.
Roll Call Vote on Resolution Nos. 98R-260 throuclh 98R-263, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 98R-260 through 98R-263, both inclusive, duly passed and
adopted.
Roll Call Vote on Ordinance No. 5654 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Daly
The Mayor declared Ordinance No. 5654 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
PUBLIC HEARING - TAX EMEMPT FINANCING - WALNUT MANOR:
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
A33.
137: To consider the adoption of a resolution approving tax-exempt financing for Walnut Manor
for Federal tax-exempt and Joint Powers Authority purposes only; and approving an installment
purchase financing to be undertaken by the California Statewide Communities Development
Authority to benefit the Internext Group.
Mayor Daly asked for a brief summary from staff.
Lisa Stipkovich, Executive Director of Community Development. This is a refinancing of an existing
congregate care facility within the City, Walnut Manor. The current owners of the property, Lutheran
Homes, is proposing to do this refinancing along with 12 other properties in the State. They are using the
issuer, a State-wide consortium of which Anaheim is a member. In order to refinance, Federal Tax Laws
require that a Public Hearing be held. The hearing today is for that purpose and staff is recommending
approval. Representatives from Lutheran Homes as well as the issuer are present. Staff is also present
to respond to any questions.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being
no response, he closed the Public Hearing.
Mayor Daly offered Resolution No. 98R-264 for adoption approving tax-exempt financing and installment
purchase financing as recommended. Refer to Resolution Book.
RESOLUTION NO. 98R-264 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING AN INSTALLMENT
PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT
THE INTERNEXT GROUP.
Roll Call Vote on Resolution No. 98R-264, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 98R-264 duly passed and adopted.
ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF
NOVEMBER 23, 1998:
INFORMATION ONLY- APPEAL PERIOD ENDS DECEMBER 15, 1998:
Mayor Daly. He suggested if the Council would like to discuss any of the B. items during the meeting
they could do so. There will be a quick run-through now but leaving the option open; City Attorney White
clarified that any time between now and adjournment of tonight's meeting if any Council Member wishes
to set an item for a Public Hearing they may do so.
City Clerk Sohl also noted that on Items Bll - B16, the Council does not necessarily have to make a
decision this evening but will have until December 29, 1998
B1.
179: RECLASSIFICATION NO. 98-99-06 WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4061, AND NEGATIVE DECLARATION:
OWNER: Dong S. Kim and Myoung AI Kim, 969 La Paz Road, Placentia, CA 92870
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
B2.
B3.
B4.
B5.
AGENT: Hill and Hill Enterprises, Attn: Tim Hill and Dave Tanner, 1652 West Lincoln Ave.,
Anaheim, CA 92801
LOCATION: 1652 West Lincoln Avenue - Chain Reaction. Property is 1.3 acres located on the
south side of Lincoln Avenue, 440 feet east of the centerline of Euclid Street.
Reclassification No. 98-99-06 - to reclassify subject property from the CH (Commercial Heavy)
Zone to the CL (Commercial, Limited) Zone.
Conditional Use Permit No. 4061 - to establish conformity with existing zoning code land use
requirements for an existing commercial shopping center and to permit a 3,400 square foot
public dance hall with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 98-99-06 GRANTED, UNCONDITIONALLY (PC98-184).
CUP NO. 4061 GRANTED (PC98-185) (7 yes votes).
Approved waiver of code requirement for 95 parking spaces.
Approved Negative Declaration.
179: CONDITIONAL USE PERMIT NO. 2750, AND NEGATIVE DECLARATION:
OWNER: Hartford Hotels LLC, Attn: Donald Sadaro, 4 Corporate Plaza, Suite #102, Newport
Beach, CA 92660
AGENT: ABCS, Attn: Anne Fox, 28782 Via Buena Vista, San Juan Capistrano, CA 92675
LOCATION: 201 North Via Cortez - Hartford Hotel. Property is 2.81 acres located on the west
side of Via Cortez, 930 feet north of the centerline of Santa Aria Canyon Road.
To permit the complimentary service of alcoholic beverages in meeting rooms within an existing
hotel.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2750 APPROVED for two years, to expire 11/23/00 (PC98-186)
(7 yes votes).
Negative Declaration previously approved.
179: CONDITIONAL USE PERMIT 4072, AND NEGATIVE DECLARATION:
OWNER: Melville Associates, 3703 E. Melville Way, Anaheim, CA 92806
AGENT: Barbara Sato, Nextel Communications, 17275 Derian Ave. #100, Irvine, CA 92614
LOCATION: 3703 East Melville Way. Property is 0.79 acre located on the north side of Melville
Way, 260 feet west of the centerline of Tustin Avenue.
To permit a 60-foot high (to 65 foot 9 inches to top of toorio-palm) telecommunications and a 200
square foot accessory ground-mounted equipment structure.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4072 GRANTED, for five years (to expire 11/23/03) (PC98-187)
(6 yes votes, 1 abstained).
Approved Negative Declaration.
179: CONDITIONAL USE PERMIT NO. 4073, AND NEGATIVE DECLARATION:
OWNER: Harlow-Kinder Limited Partnership, 8718 E. Imperial, Downey, CA 90242
AGENT: Paul and Mary Shin, 1518 W. Commonwealth, Fullerton, CA 92833
LOCATION: 2054 South Euclid Street, Unit H. Property is 2.43 acres located north and east of
the northeast corner of Orangewood Avenue and Euclid Street.
To permit an acupressure (massage) facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4073 GRANTED, for one year, (to expire 11/23/99) (PC98-188)
(7 yes votes).
Approved negative Declaration.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4074, AND
NEGATIVE DECLARATION:
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
B6.
B7.
B8.
OWNER: Living Stream, A California Non-profit Corporation, (Andrew Yu), 1853 W. Ball Road,
Anaheim, CA 92804
AGENT: Forrest C. Wylder, 2400 E. Katella Ave., Anaheim, CA 92806
LOCATION: 2461 West La Palma Avenue - Westwood Colle.qe of Technolo.qv. Property is
27.94 acres located at the northwest corner of Gilbert Street and La Palma Avenue.
To permit a 22,000 square foot adult career/training center for approximately 200 students within
the Anaheim Palms Corporate Center with waiver of minimum number of parking spaces
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4074 GRANTED, for seven years, (to expire 11/23/05) (PC98-189)
(7 yes votes.)
Approved waiver of code requirement.
Approved Negative Declaration.
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4077, AND
NEGATIVE DECLARATION:
OWNER: 631 Brookhurst L.P., Attn: Richard Schneider, P.O. Box 1450, Pacific Palisades, CA
90272
AGENT: Joel Colombo, P.O. Box 1708, Wrightwood, CA 92397
LOCATION: 631 South Brookhurst Street - Herita.qe International. Property is 1.68 acres
located on the west side of Brookhurst Street, 450 feet south of the centerline of Orange Avenue.
To establish a church within a 37,196 square foot office building with waiver of (a) minimum
parking lot landscaping, (b) minimum number of parking spaces and (c) minimum setbacks for
institutional uses from residential zones.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4077 GRANTED (PC98-190) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
155: ENVIRONMENTAL IMPACT REPORT NO. 81 CONDITIONAL USE PERMIT NO. 1369:
OWNER: Michael T. Bimey and Marcia L. Bimey, 1391 S. Allec St., Anaheim, CA 92805-6304
AGENT: The Norco Companies, Attn: Joseph J. Wirth, 1500 E. Babbitt Ave., Anaheim, CA
92803
LOCATION: 851 East Cerritos Avenue. Property is 2.9 acres located at the northwest corner of
Cerritos Avenue and Lewis Street.
To permit delivery van storage, service, maintenance, and repair in an existing 17,560 square
foot industrial building to replace the current approval for a bus storage, service, maintenance,
and repair facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 1369 APPROVED, to expire 12/13/02 (PC98-191) (7 yes votes).
EIR NO. 81 previously certified.
REPORT AND RECOMMENDATION ITEMS:
179: CONDITIONAL USE PERMIT NO. 3711, AND NEGATIVE DECLARATION REQUEST
FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE: Patrick Fiedler, Fred Fiedler and
Associates, 2322 W. Third Street, Los Angeles, CA 90057-1906, requests determination of
substantial conformance to modify an existing freestanding sign. Property is located at 5650 East
La Palma Avenue - Texaco service station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that CUP NO. 3711 is in substantial conformance, but if Code violations continue, this
use permit will be set for modification or termination.
Negative Declaration previously approved.
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
B9.
B10.
179: CONDITIONAL USE PERMIT NO. 4000, AND NEGATIVE DECLARATION REQUEST
REVIEW AND APPROVAL OF FINAL PLANS: Kaufman and Broad, Attn: David Hutchins, 36
Technology, Suite 150, Irvine, CA 92618, requests review and approval of final landscape,
fencing, building elevation, sign location, playground equipment, and window treatment plans for a
previously-approved 57-unit detached condominium development. Property is 112-218 South
Brookhurst Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans for CUP NO. 4000 with the addition of 24" box street trees in the parkway
(right-of-way) planter adjacent to Brookhurst Street, and the modification of the CC&R's to include
the maintenance of the front yard landscaping by the homeowners association.
Negative Declaration previously approved.
END OF THE PLANNING COMMISSION ITEMS OF NOVEMBER 23, 1998.
ITEM B10 FROM THE ZONING ADMINISTRATOR MEETING OF
DECEMBER 3, 1998 DECISION DATE: DECEMBER 10, 1998
FOR INFORMATION ONLY -APPEAL PERIOD ENDS DECEMBER 20, 1998:
166: REQUEST FOR EXTENSION OF TIME TO RETAIN AN EXISTING FREESTANDING
TEMPORARY OFF-SITE TRACT SIGN FOR TENTATIVE TRACT MAP NO. 14185: Mel
Wagstaft, 18657 Yorba Linda Boulevard, Yorba Linda, CA 92886, requests an extension of time
for an off-site tract (Vista Del Sol) sign to expire July 21, 1999. Property is located at the
northeast corner of Santa Aria Canyon Road and Via Cortez.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved an extension of time to retain an existing freestanding temporary off-site tract sign
(Tentative Tract Map No. 14185) until July 21, 1999.
END OF THE ZONING ADMINISTRATOR ITEMS.
Bll.
B12.
ITEMS Bll - B16 FROM THE PLANNING COMMISSION MEETING OF
DECEMBER 7, 1998:
INFORMATION ONLY -APPEAL PERIOD ENDS DECEMBER 29, 1998:
179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4079, AND
NEGATIVE DECLARATION:
OWNER: Sunshine Way L.L.C., 2701 East Imperial Hwy., Brea, CA 92821
AGENT: George Cuevas, 1361 North Kraemer Ave., Anaheim, CA 92806
LOCATION: 1251 East Sunshine Way. Property is 1.19 acres located on the south side of
Sunshine Way, 315 feet south of the centerline of Miraloma Avenue.
To permit an automotive vehicle repair facility within an existing 11,550 square foot industrial
building with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4079 GRANTED (PC98-193) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
155: ENVIRONMENTAL IMPACT REPORT NO. 281 TRACT NOS. 13266, 13516, 13517 and
13518 -
REQUEST FOR FINAL SITE PLAN REVIEW:
NOTE: This item has a 10-day appeal period which expires 12/17/98.
OWNER: Shea Homes, Attn: Michael O'Melvany, P.O. Box 1509, Brea, CA 92822-1509
LOCATION: Tract Nos. 13266, 13516, 13517 and 13518 of Development Area No. 101 of The
Summit of Anaheim Hills Specific Plan (SP88-2). Property is 28.7 acres located at the
southwest corner of Serrano Avenue and Taylor Court.
13
B13.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Request for review and approval of final site plans for Tract Nos. 13266, 13516, 13517 and
13518 as required by The Summit of Anaheim Hills Specific Plan (SP88-2).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final site plan for Tract Nos. 13266, 13516, 13517 and 13518
(7 yes votes).
EIR NO. 281 previously certified.
179: CONDITIONAL USE PERMIT NO. 4081, AND NEGATIVE DECLARATION:
OWNER: Wells Fargo Bank, 333 South Grand Ave., Suite 700, Los Angeles, CA 90071
AGENT: Brett Marchi, 2 Strawberry Lane, San Juan Capistrano, CA 92675
LOCATION: 1025 East Oran.qethorpe Avenue. Property is 1.67 acres located on the north side
of Orangethorpe Avenue, 193 feet west of the centerline of Raymond Avenue.
To permit a commercial school supply, showroom and warehouse business in a vacant 23,580
square foot building in the ML (Limited Industrial) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4081 GRANTED (PC98-194) (7 yes votes).
Approved Negative Declaration.
B14.
B15.
B16.
179: CONDITIONAL USE PERMIT NO. 3304, AND NEGATIVE DECLARATION:
OWNER: Weir Partners Ltd., 1 Park Plaza, Suite 430, Irvine, CA 92614
AGENT: Joseph D. Carroll, 1 Park Plaza, Suite 430, Irvine, CA 92614
LOCATION: 731 South Weir Canyon Road - First Class Pizza. Property is 11.9 acres located at
the southwest corner of Weir Canyon Road and Serrano Avenue.
To permit a 356 square foot outdoor dining area in conjunction with an existing 2,600 square foot
restaurant with sales of beer and wine for on-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3304 APPROVED, as readvertised, (PC98-195) (7 yes votes).
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS
134: REQUEST FOR PLANNING COMMISSION INITIATION OF APPLICATIONS FOR
GENERAL PLAN AMENDMENT NO. 359, AMENDMENT NO. 4 TO THE DISNEYLAND
RESORT SPECIFIC PLAN NO. 92-1 AND CONDITIONAL USE PERMIT NO. 4078
(PROPOSED POINTE ANAHEIM PROJECT): Robert H. Shelton, Anaheim Center for
Entertainment, LLC, 30 Via Lucca #F-102, Irvine CA 92612, requests Planning Commission
initiation of applications for General Plan Amendment No. 359, Amendment to No. 4 to The
Disneyland Resort Specific Plan No. 92-1 and Conditional Use Permit No. 4078 for 22.19-acres
of the approximate 29-acre Pointe Anaheim project area. Property is generally located east of
Harbor Boulevard, south of Freedman Way (future Disney Way), west of Clementine Street
(future Freedman Way) and north of Katella Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Initiated applications for General Plan Amendment No. 359, Amendment No. 4 to the Disneyland
Resort Specific Plan No. 92-1 and Conditional Use Permit No. 4078 (Proposed Pointe Anaheim
Project) (PC98-192) (7 yes votes).
134: REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN:
John D. Pavlik, Chief of Right-of-Way Processing, County of Orange, Public Facilities &
Resources Department, 300 N. Flower Street, Santa Aria, CA 92702, requests for determination
of conformance with the Anaheim General Plan for a proposed quitclaim and relocation of an
existing storm drain easement. Property is located at a portion of the West Anaheim Storm Drain
located south of Lincoln Avenue, north of Broadway, east of Loara Street and west of Manchester
Avenue.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance.
END OF THE PLANNING COMMISSION ITEMS FROM 12/7/98.
Mayor Daly noted that there was a request for continuance by the applicant on the Public Hearing under
Item D5. This item was, therefore, considered at this time.
D5.
134: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 313
ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, AMENDMENT NO. 2:
OWNER: Chevron Products Company, Attn: Mario Bautista, 1300 S. Beach BIvd., La Habra,
CA 90631
AGENT: RFI Inc., 2058 S. Santa Cruz, #2100, Anaheim, CA 92805
LOCATION: The approximate 555-acre Anaheim Resort Specific Plan area is generally located
adjacent to and southwest of Interstate 5 between Ball Road and Orangewood Avenue and is
accessible from Harbor Boulevard, Ball Road, Freedman Way/Disney Way, Katella Avenue,
West Street/Disneyland Drive, Orangewood Avenue, Haster Street/Anaheim BIvd. and Walnut
St. Proposal to amend the Anaheim Resort Specific Plan Zoning and Development Standards
(Section 18.48.070.050 of Chapter 18.48 of the Anaheim Municipal Code) to add "Coffee
House" as a conditionally permitted accessory use in conjunction with an automobile service
station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied request to amend Specific Plan No. 92-2, Amendment No. 2
(PC98-160) (4 yes votes, 2 no votes, and 1 absent).
EIR NO. 313 previously certified.
Informational item at the meeting of November 3, 1998, Item B1. Letter of appeal submitted by
the owner, Chevron Products.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: December 3, 1998
Mailing to property owners within 300 feet: December 1, 1998
Posting of property: December 4, 1998
HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by Chevron
Products Co. and a Public Hearing scheduled on this date.
Mayor Daly. The applicant has requested a continuance until January 26, 1999. He asked first if staff
was supportive of the request; Joel Fick, Planning Director answered that they were.
The Mayor then asked the City Attorney, since this is a noticed Public Hearing, is it necessary to invite
comments now or continue the matter as requested; City Attorney White answered they could simply
continue but it is at the Council's discretion if they want to take comments.
MOTION. Mayor Daly moved to continue the subject Public Hearing to January 26, 1999 as requested
by the applicant. Council Member McCracken seconded the motion. MOTION CARRIED.
The Council then returned to the set order of Public Hearings.
D1.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4071
AND NEGATIVE DECLARATION:
OWNER: Southern Counties Gas Company of California, 1919 S. State College BIvd.,
Anaheim, CA 92803
AGENT: Allen Didonato, 744 G Street #106, San Diego, CA 92101
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
LOCATION: 1919 South State Colle.qe Boulevard - Southern California Gas Company.
Property is 17.39 acres located at the northwest corner of Gene Autry Way and State College
Boulevard.
To construct a 40-foot high monopole for two (2) microwave dish antennas (eight [8] foot
diameter each).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4071 GRANTED, for five years, to expire November 9, 2003,
(PC98-182) (6 yes votes, 1 absent).
Approved Negative Declaration.
Informational item at the meeting of December 1, 1998, Item B7. Review of the Planning
Commission's decision requested by Mayor Daly and Council Member McCracken.
PUBLIC NOTICE REQUIREMENTS MET BY:
Orange County Register: December 4, 1998
Mailing to property owners with 300 feet: December 3, 1998
Posting of property: December 4, 1998
Council Member Tait declared a conflict of interest on this item since his firm has done some
engineering work for the Gas Company. (Council Member Tait left the Council Chamber temporarily -
6:35 P.M.).
Mayor Daly. He requested the hearing because of his concern with the cellular monopoles and other
communication facilities which have been proposed for various parts of Anaheim and concern that they
not affect nearby property values. There are some bad examples in Anaheim of communication facilities
which have harmed property values. His concern is that this be handled as carefully as possible.
Planning staff recommended not approving this proposed monopole which is 40' high. The Planning
Commission approved it for a five-year period despite the Planning Director's recommendation. He has
had a chance to meet with Southern California Gas Company representative who explained some of the
details. He (Daly) is very familiar with the site. He asked Planning staff to comment on the rationale for
their recommendation and if there is any new information.
Joel Fick, Planning Director. He asked Greg Hastings to first give a brief outline of what the request is
and subsequently, he will report on what has happened since December 1.
Greg Hastings, Zoning Division Manager. He briefed the request and the proposed location of the
monopole as outlined in Staff Report to the Planning Commission dated November 9, 1998. He noted
that staff has also met with the applicant relative to a preferred alternative resolution. The applicant is
present tonight with technical support as to why this particular location has been chosen.
Joel Fick. In the intervening weeks, staff has taken a very close look at all the applications proposed and
are always looking for alternatives --if the antenna can be constructed with building facilities, whether
there are other less intrusive alternatives, locate off site, lowered antennas, etc. The Planning
Commission felt not all the alternatives had been explored. They heard in the testimony given this was
the only location for this particular monopole. Staff has worked with Judy Woolen of the Gas Company
who has been very receptive to work with. The location is the farthest from a visibility standpoint and
they have made changes to the plan from what was before the Planning Commission. Trees are being
relocated that will make the antenna micro-dishes less visible from the street view. Staff still had
concerns in two areas that they asked to be addressed. One is going to be explained tonight on which
the applicant did not have an opportunity to submit information. Visibility from other property was
another. Staff is concerned as Council has been, with the view from future office buildings and existing
buildings. They asked the applicant to take some photos; Ms. Woolen made an attempt but was unable
to get into some of the buildings. They also asked for technical information that would confirm this is the
only location where the facility can be located. The Gas Company indicated a technical representative
was going to be present that has examined that. Staff has not been provided with such technical data.
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Mayor Daly. He asked if it was his feeling there is really no alternative location; Joel Fick. Based upon
verbal comments received, Ms. Woolen has indicated that from the Gas Company's perspective and
from a technical standpoint, it cannot be located any farther away than 200'.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant specifically dealing with
the issue just broached by Mr. Fick, the screening issues, etc. (It was also determined at this time that
there were no other citizens present to speak on this item.)
Judy Woolen, Southern California Gas Company. She is present to request Council's approval for a 40-
foot high monopole with two attached 8-foot diameter microwave dish antennas at the northwest corner
of Gene Autry Way and State College Boulevard. Rather than go through her presentation, she would
like to address the issues up front. Mr. Didonato will address those from a technical standpoint.
Mayor Daly asked the Planning Director to repeat what he would like to see addressed; Joel Fick.
Confirmation that there can't be any screening for this particular antenna, that it requires direct line of
sight with no screening, and also that this facility needs to be located on site and within close proximity of
the exact site being proposed.
AI Didonato, Architect on the project. There is a problem underlying this site. The Gas Company wants
to put up a microwave dish which will connect this site with its site on Signal Hill. In order to do so, it
requires a direct line of sight but between this and the Signal Hill site is the Hilton. The Gas Company
has gone through extensive surveying and testing of the site and found the only way they can get line of
sight is from the back rear corner of the site. He then explained in detail the technical reasons for
choosing the location, the directions/areas from which the monopole could be seen, and what they were
doing to mitigate/screen any visual impacts. It is a very specific monopole requiring a very specific line
of sight.
Mayor Daly asked relative to the screening issue, did staff hear enough; Joel Fick. They did. Based
upon the new landscaping, it is an enhancement from the prior proposal. Staff would be interested in
another question -- whether the existing pole facility on site could be removed any time within the five-
year period when the new system goes on line.
AI Didonato. Removing the existing tower would probably not be something they could promise right
now. The existing tower is tied into other communication facilities. This network is an upgrade and
something that is non-existent right now. They are hoping as time goes on to be able to perhaps remove
something. It is not a promise. The Gas Company wants to be a good neighbor and anything they are
not using, including this pole, if they can ever get around the problem (would be removed). They do not
want to put it up just to keep it up.
There being no further persons who wished to speak on this matter, Mayor Daly closed the Public
Hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly ,
seconded by Council Member McCracken, 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.
Council Member Tait abstained/temporarily absent. MOTION CARRIED.
Mayor Daly offered Resolution No. 98R-265 for adoption granting Conditional Use Permit No. 4071.
Refer to Resolution Book.
RESOLUTION NO. 98R-265: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4071.
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Roll Call Vote on Resolution No. 98R-265 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution No. 98R-265 duly passed and adopted.
Before concluding, Mayor Daly stated he hoped during the five-year period they will be able to get with
the Gas Company to improve the aesthetics of the property because it is an important corridor in the
City. They will look to staff for guidance in the future. He asked if staff had enough information on the
landscaping plan; Joel Fick. He answered yes and staff is also convinced based upon conversations with
the Gas Company, this is the only location that meets their needs at the moment.
Council Member Tait entered the Council Chamber (7:00 P.M.).
D2.
179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT
NO. 4069
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-08
AND NEGATIVE DECLARATION:
OWNER: Byron A. Dahl, Luetta F. Dahl, Basil F. Dahl, P.O. Box 1546, Lake Havasu, AZ 96405
AGENT: Khoda Ostowari, 6263 E. Twin Peak Circle, Anaheim, CA 92807
LOCATION: 801 South Harbor Boulevard and 510 West South Street. Property is 0.8 acre
located at the southwest corner of South Street and Harbor Boulevard.
Conditional Use Permit No. 4069 - to demolish an existing liquor store to construct a service
station with a 1,998 square foot convenience market with retail sales of beer and wine for off-
premises consumption and a 920 square foot drive-through self-service car wash with waiver of
maximum structural height.
Determination of Public Convenience or Necessity No. 98-08 - to determine public
convenience or necessity to allow retail sales of beer and wine for off-premises consumption in
conjunction with a new service station, convenience market and car wash
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4069 GRANTED - that the sales of beer and wine shall be permitted only between the
hours of 8 a.m. and 12 a.m. (PC98-169) (6 yes votes, 1 absent).
Approved Determination of Public Convenience or Necessity No. 98-08
(PC98-170).
Approved waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of November 17, 1998, Item B4. Letter of appeal submitted by
area residents and Public Hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Orange County Register: December 3, 1998
Mailing to property owners with 300 feet: December 3, 1998
Posting of property: December 4, 1998
Mayor Daly. His questions relative to this proposal have to do with the Planning Department's thinking
regarding service stations in the head of the community adjacent to residential neighborhoods. He
asked for comment on what standard they use or what the approach is to applications such as this.
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Joel Fick, Planning Director. On service stations in general, they would be looking to see if it is an
improvement to the neighborhood or an enhancement. There are positives with the proposal where
there is substantially enhanced landscaping on site. They did receive comments and letters in support.
There was one person at the Planning Commission who spoke in opposition. An item the Council has
focused on in detail on other applications is whether there is a replacement or an enhancement from the
beer and wine aspect. There is a condition with this application that requires acquisition of two other
licenses. There will be a net reduction of liquor applications should this application be approved.
Mayor Daly. He wants to understand what the General Plan for the City and underlying zoning is and to
understand the appropriateness of a service station application in this part of the City. He knows that this
was a service station years ago which closed.
Joel Fick. That is correct. It has been used in the past as a service station, was closed and the building
demolished. The property is zoned C-L and the General Plan land use element designates the property
for general commercial land uses.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant.
APPLICANT'S STATEMENT: Mr. Khoda Ostowari, 6263 Twin Peak Circle, Anaheim 92807. On
September 1, 1998 (see minutes that date) Council Members were presented with two letters, one from
Anaheim Christian Church and one from St. Michael's Episcopal Church and the petition by area
residents against the proposed service station and car wash. The project was denied at that time.
Subsequently, he submitted a new project with a new design for the same area but this time incorporated
an existing liquor store at 510 W. South Street into the project and tried to address the issues raised by
the letters -- traffic, safety, noise level of the car wash, pollution issues, landscaping, etc. He then
addressed each issue in detail including the conditions that have been imposed, major points of which
were as follows: Traffic - - four driveways out of six existing will be closed leaving only one on Harbor
and one on South Street so there will not be any extra traffic on South Street, the entrance to the project
at South Street will be located 75' away from the eastern driveway of the Anaheim First Christian
Church, the west and south side of the property requires a 6' high block wall which will eliminate
pedestrian access to the site from the church property, any signs and warning of traffic that is required or
recommended by the Traffic Department will be posted at the site. Noise Level -- the distance from the
car wash to the property line along South Street is 74' and to the south property line, 70'. The car wash
tunnel length is 46' with only 20' required. The unit will stand 30' in distance from the entrance and exit
to the car wash. Noise filters will be installed in an acoustically insulated building, decibel ratings at
South Street were calculated at 60 db's and 42 db's at the closest residential property line. Pollution --
EPA rules require all new and old gas stations nation wide to install new, double-walled underground
tanks with corrosion protection along with other requirements which he briefed and which they will be
required to do. The new project is compatible with the size of the land. A new 1,925 sq. ~. of market will
replace an existing 2,750 sq. ~. liquor store, there are 21 parking spaces instead of 16, there will be more
light at night to improve the safety.
The balance of Mr. Ostowari's presentation addressed the letters and petitions of support submitted as
well as his extensive efforts in personally contacting the churches and businesses in the area to review
the newly proposed project, the fact that the Anaheim School District reviewed the project and stated no
particular safety or traffic risks will be caused by the project for the students at Benjamin Franklin School.
He spoke to the Vermont-Citron Area Association; he sent letters out explaining the project and out of the
400 sent, nobody had contacted him regarding the project as of yesterday. No one has come to the
Planning counter and asked to review the project. He was able to convince whoever he could meet and
was against the project, after reviewing the project and explaining what he did, to support the project and
they signed a petition in support or, if not in support, at least they are not against the project. He
believes he has done everything possible to design and present a project not only to meet the codes and
standards of the City, but also to address the issues and concerns raised by churches, businesses and
residents of the community. Before concluding, he described the project and also showed a rendering.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
He has with him the petitions signed in support, letters that were returned (as part of his mailing), all the
documents he indicated in his presentation if the Council wishes to review them.
Mayor Daly then asked to hear first from those in support and then those in opposition to the proposed
project:
Public Input - In Support:
Mr. John Bergen, 1055 N. Main Street, Ste. 401, Santa Ana, CA 92701 Attorney for Basil Dahl, owner of
the property. Mr. Dahl is very much in favor of the project. He would like to point out that the opposition
that has been generated has come from the existing liquor store. The existing tenant is a Mr. Kim who
has been there for several years. He has been in touch with Mr. Kim since June of 1997 and he (Kim)
has expressed on several occasions a desire to buy the property at substantially less than market value.
The first offer was in August, 1997 and the latest, December 10, 1998, just five days ago. He has
indicated an interest to purchase if the project is not approved. Mr. Kim's motives in generating the
opposition are not exactly altruistic and according to what Planning staff indicated, this is a significant
improvement to what is presently there.
Paul Mandis, 260 Gallery Way, Tustin. He is the broker representing the owner and is speaking on
behalf of the petition. He has called a large number of people on the petition who said they signed the
petition at the liquor store and all the information they received has been from the person behind the
counter. Many stated they were in support but the only reason they signed it was because of their
relationship with the owner of the store. He has the petition with him and has highlighted everybody he
talked to and their comments.
Jim Hansen, 3906 Green Clover Circle, Orange. He owns an apartment at 728 Bellview Drive, two
blocks south of the project. He is Co-Chairman of the Vermont-Citron Area Association of Apartment
Owners and residents in the area representing about 40 owners and approximately 600 apartment units
just south of the project. Mr. Ostowari attended a meeting about three months ago and showed his plans
for the project and everybody was in favor. They also believe the project will enhance the area greatly
over the existing liquor store and vacant lots. The City of Anaheim through the Anaheim Neighborhood
Services Department, Code Enforcement Department and Police Department have worked hard in the
area to upgrade it. They feel this project is one more step in the right direction. There was a cleanup
project on November 7, 1998 in the area attended by two Council Members (McCracken and Tait). They
appreciate the support the City has given and also would appreciate their support in approving the
project. He clarified for the Mayor that his property is approximately 2 -3 blocks away. Their association
includes Provincial Drive just south of the project and Belleview, Citron and Vermont. They did not
discuss any alternative possibilities for the site, just the service station project. Mr. Ostawari showed all
the landscaping which he is going to install which they feel would be a real enhancement.
Public Input - In Oppostion:
Susan A. DeLaO, 628 S. Resh Street, Anaheim 92805. The residents tried to let the Council know in
their letters their true feelings. They believe this is their neighborhood and they are the ones that should
be taken into consideration. It is where they raise their families and they should know best what is
needed in their community. She has no argument about the pollution and the building. They are taking
all the things into consideration; it will be a wonderful project, but they do not want it to be built at that
location. She has lived there for 32 years. The problem is not the service station but a service station,
convenience store and car wash. It provides a place to "hang out" and will add to the traffic. Many
children go down Harbor. She also knows Bob Kuest (Anaheim First Christian Church) who is her Pastor
and he is neutral. Relative to traffic, they say there are going to be signs but signs do not do much.
People still run stop signs and red lights. She reiterated that the residents are the ones who live in that
community not those who have spoken who live elsewhere. They were very happy with the closure of
South Street to freeway access. This project will bring a lot of traffic to one of the only true
neighborhoods still existing.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Dolan Edwards, 823
school children. He
is right for anyone to
S. Helena, Anahiem, one block across Harbor. His main concern is the safety of the
has two nieces who attend the Benjamin Franklin School. He also does not think it
take out an existing business to build their business.
Judith Ann Gollette. She represents WAND (West Anaheim Neighborhood Development Council). This
is an older business that is in blight being torn down to build a nice beautiful new building. The problem
is, it is inviting beer and wine into a "drink and drive" business. They have a lot of concerns with the
number of liquor stores that they see being closed down moving into a beer and wine gas
station/convenience store. They asked for a study of how many convenience stores there are in
Anaheim but have not yet heard the results. Her understanding is that the area within East, West, North
and South Streets is designated as an historical preservation area. When a facility like the proposed
project is constructed across from an historical area, it is not doing anything to help to preserve this
wonderful old neighborhood. Before concluding, she asked that a study be done on how many
convenience stores they are going to allow the City to have. WAND is opposed to the project.
Rebuttal by Applicant: Mr. Ostawari then spoke to and/or refuted some of the comments in opposition.
He also made additional comments. Relative to the driveway, when they are closed, they will not be
reopened later on. Traffic on Harbor is there already. The existing business is the one that is causing
problems in the area. Right now there is a beer and wine license for the existing liquor store. One of
the conditions is that they cannot sell single cans of beer but only 6 packs (of beer) and 4 packs of wine
coolers whereas the existing business sells singles. He also has to purchase two more licenses and
submit those to the City to reduce the number of ABC licenses in the City. They are going to submit two
more licenses and use the same one that is there. Before concluding, he gave more details/description
of the project and also showed a rendering. He stated he did his best to address all the problems, tried
to contact all the people in the neighborhood, addressed the requirements of the City by designing a
project that meets all standards and according to the Traffic Department, School District and his own
observation, there is nothing that is going to be a danger relative to traffic and the safety of the people.
Mayor Daly closed the Public Hearing.
Mayor Daly. He feels this is a tough call for the Council because the project includes removing an
existing convenience store, not a liquor store, that serves beer and wine with a car wash and a 24-hour-
a-day gas station. The bottom line for him is that this is the wrong location considering their goals and
objectives to preserve single-family neighborhoods. To approve this project would be wrong and he
believes they need to look at alternative uses for the site. An office building would be much more in
keeping with what is in the neighborhood. There are already two gas stations at the corner of Harbor
Blvd. and Ball Road a short distance south. He has a concern they may be repeating some of the
planning mistakes of the past by allowing too many service stations. They need to be extra careful
before adding more. This particular service station proposal is for a 24-hour-a-day service
station/convenience store with beer and wine, 21 parking spaces, outdoor vacuum systems for the car
wash with single-family homes close by as well as a church next door. What they are hearing from the
applicant is perhaps the opposition was drummed up in a misleading way. He has personally talked to
citizens in the area who would rather see another use, particularly an office building. He has talked to
Pastor Adam McCoy of St. Michael's Episcopal Church who sent a letter months ago opposing the
previous service station project and his concern was that of keeping with the character of the
neighborhood and the protection of the quality of life. He has talked to him recently and his approach
has not changed. He believes the Pastor is also a homeowner in the neighborhood as well. The City
should encourage an office building rather than a service station. He has talked to Planning staff about
some of the complaints and he realizes it is a tough call. They can do a lot better.
City Attorney White. He reported that Council Member Feldhaus has excused himself from the hearing.
In consultation with him he (Feldhaus) believes he has a conflict of interest due to the close proximity of
his business to the site. Therefore, he will not be participating in the decision and he has left the Council
Chamber temporarily.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Mayor Daly moved to deny the CEQA finding (Negative Declaration); the motion died for lack of a
second.
Mayor Daly again emphasized his opposition to the proposed project in this residential neighborhood. He
feels it is swapping an old convenience market for a new one and adding a car wash and 24-hour gas
station. There are single-family homes directly across the street and it is a beautiful neighborhood
including Janss Street. He cannot imagine how this project can possibly improve those neighborhoods or
protect them or help property values.
Council Member Tait. He agrees it is a very nice neighborhood but he is also thinking of another service
station that enhances the neighborhood, the one kitty corner to City Hall. If there was a proposal for an
office building, he would probably support that but there is not. He also does not think they can get rid of
the liquor store without this. He asked staff if the applicant was buying up two other liquor licenses.
Joel Fick, Planning Director. Present conditions require a reduction of two but there would be one beer
and wine license here so it is a net reduction of one; Council Member Tait. It seems to be a quality
project. The Owner's Association is supportive and it was approved by the Planning Commission
unanimously.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member
Kring , 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.
Council Member Feldhaus abstained/temporarily absent and Mayor Daly voted no. MOTION CARRIED.
Council Member Kring offered Resolution No. 98R-266 for adoption granting Conditional Use Permit No.
4069 subject to City Planning Commission conditions and Resolution No. 98R-267 approving the
Determination of Public Convenience or Necessity No. 98-08. Refer to Resolution Book.
RESOLUTION NO. 98R-266: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4069.
RESOLUTION NO. 98R-267: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING THE DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY NO. 98-08.
Before a vote was taken, Mayor Daly asked his colleagues to think one more time about the
compatability of the car wash operating directly across the street from a single-family home and which
will be visible from the front yards of four or five homes in what is a beautiful neighborhood on Pine
Street. It is dooming the neighborhood to noise and activity that none of them would want to be adjacent
to. It is a mistake and he believes they have choices on the property -- office uses or even small retail
would be more appropriate. They should encourage other proposals. They do not have to accept the
first that comes in the door.
Further discussion, questions of staff and Mr. Ostawari, additional review of the rendering of the project,
and further input by staff followed much of which revolved around the Mayor's concerns. During the
discussion, staff reported that since the former service station was removed (torn down) from the subject
corner in 1994, this was the first (and only) proposal submitted since that time.
A vote was then taken on the foregoing resolutions offered by Council Member Kring.
Roll Call Vote on Resolution No. 98R-266 and 98R-267 for adoption:
22
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
AYES: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS: Daly
ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS: Feldhaus
The Mayor declared Resolution No. 98R-266 and 98R-267 duly passed and adopted.
Council Member Feldhaus entered the Council Chamber (8:00 P.M.).
D3.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3802,
AND NEGATIVE DECLARATION:
OWNER: EIva M. West and Nadine C. West, 5201 E. Crescent Drive, Anaheim, CA 92807
AGENT: Carolyn M. Staehling, 1500 East Lincoln Avenue, Anaheim, CA 92805
LOCATION: 1500 East Lincoln Avenue - Eastside Jewelry and Loan. Property is 0.79 acre
located on the south side of Lincoln Avenue, 1,480 feet west of the centerline of Cliffrose Street.
To consider reinstatement of this permit which currently contains a time limitation (approved on
October 30, 1995 until October 30, 1998) to retain a pawn shop within an existing commercial
shopping center and to amend or delete a condition of approval pertaining to permitted hours of
operation.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3802 for three years, to expire 10/30/01
(PC98-171) (6 yes votes, 1 absent).
Negative Declaration previously approved.
Informational item at the meeting of November 17, 1998, Item B5. Review of the Planning
Commission's decision requested by Mayor Daly and Council Member McCracken.
PUBLIC NOTICE REQUIREMENTS MET BY:
Orange County Register: December 3, 1998
Mailing to property owners with 300 feet: December 3, 1998
Posting of property: December 4, 1998
Mayor Daly. He asked for a hearing on this item to confirm that this pawn shop on East Lincoln two
doors down from the Lincoln Elementary School has not been a Police problem. The second point he
was interested in was the signage which is rather large and says in big letters "PAWN SHOP -- 772-
PAWN". His concern is that it is not good for property values and quality of life. He was going to
suggest they should try to have the sign modified. The pawn shop is operated under a series of three-
year permits. In checking with Police and Planning staff and reading the materials, it appears there have
been no problems. He is not suggesting they deny the permit, but is suggesting they try to improve the
signage. Such signage just a couple of blocks from a Redevelopment area and two blocks from an
elementary school is not appropriate and another reason he set the hearing. He believes one of the
issues has been resolved in the fact that there have been no Police problems. He asked Planning staff
to comment on the signage issue and any other issues.
Joel Fick, Planning Director. The use was approved in 1995 for three years. Staff had exactly the same
concerns with respect to the sign. They explored with the City Attorney's Office their ability to
recommend or require that it be re-presented with a monument sign. Since it is a re-instatement permit,
staff was advised that they could suggest clearing up some of the panels for the existing sign and he
believes they made those changes. Perhaps the applicant could comment on that. Presently, other than
readjusting the panels which has taken place, there is no requirement for change to a monument sign.
The only added condition staff did recommend at the Planning Commission meeting that did not get
included was that additional trees be planted along the street frontage -- that eight street trees be
installed. The applicant said that trees at that location would block visibility to the building. The Planning
Commission did not make that a recommendation.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Mayor Daly. He asked the bottom line in terms of conditions of approval, if the permit is renewed as has
been recommended by Planning staff and the Planning Commission, what changes can they expect to
the existing signage.
Joel Fick. He believes the change has taken place -- a condition that within a 90-day period, the existing
pole sign shall be refaced. He believes that changeup has occurred and confirmed for the Mayor that the
pawn shop sign will remain as is.
Mayor Daly. That is his concern, that they try to "class it up" a little and secondly, one of the hardships
with these three-year revolving permits is that the City Attorney advises they cannot then obtain
improvements to the property. He asked to hear from the City Attorney.
City Attorney White. The issue of signage is one that the Council can address with the applicant tonight.
In any case, where the applicant agrees and stipulates to modifications to the signage, then those can be
placed as conditions and can be enforced as conditions of the permit. The concern his office always has
in connection with conditions generally is that there is a nexus between the permit being sought, the use
being proposed and the exaction of the condition(s). With permits of rather limited duration in time, the
question arises about the cost of conversion of the sign for a limited three-year permit that could then be
terminated or not renewed again at the end of that period. The issue of signage is germane and if the
applicant wants to discuss that with the Council, the Council can determine what is in the best interest of
the City.
Joel Fick. He then clarified for Council Member Feldhaus that to his knowledge, the only CUP involved
is the one before the Council tonight just for the pawn shop and also that the others are tenants but do
not have CUP's; Mayor Daly stated that the sign was probably allowed with the building because special
permits are required for pawn shops. He is suggesting they use the permit to clean up the sign if there is
a desire to do that. He then opened the Public Hearing.
George Staehling, (owner of the pawn shop) -18200 Avenida Bosque, Murrieta 92562. The sign in
question has not been fixed. It was supposed to be done today but it was too windy. There is only one
other tenant in the building and they have a sign on top. The sign where the letters are missing below
the pawn shop sign is what they are going to fix. Those businesses are no longer there and what will go
there is just white plastic.
Mayor Daly surmised that there were no proposed changes to the pawn shop sign; Mr. Staehling stated
they have complied with all conditions and regulations for all agencies involved.
Elva West. He and his wife Nadine own the property. He has always been selective about who
becomes a tenant in his building. When the Staehling's approached him about three years ago about a
pawn shop, he was hesitant but he was assured that it would be a "clean" operation. He has been very
satisfied with his tenants. He then explained that he has offered the signs to other tenants who have
declined and there will be blanks until possibly some time in the future. He does not want to take them
down and remove them because it would be difficult to get them back. Relative to the trees, they were
required to plant trees in the parkway between the sidewalk and the street and the City also concreted all
of that area except the wells where the trees are so it would be almost impossible without tearing up the
concrete to put in more trees. He would be opposed to adding more trees. In concluding, he stated for
the first three years, it was his understanding it was difficult for the pawn shop and it has just now come
to the point where it is beginning to break even. It would be discouraging and unfair if this was denied.
He asked the Council's approval.
Mayor Daly. His concern was the current sign which says "PAWN SHOP" and right underneath, "772-
PAWN". His goal is to have that sign changed. He is not suggesting that the business not be renewed
although he has such a strong concern with the sign, it is hard in good conscience to allow that kind of
sign in a City that is trying to modernize.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Mr. West. He asked if it was numbers instead of 772-PAWN, would that be acceptable and, if so, he
would have no objection; Mayor Daly answered that would be an improvement. He asked his thoughts
on saying only, East Side Jewelry and Loan.
Mr. West answered that would be up to the owners of the business. He also clarified for the Mayor that
he (West) owned all of the complex.
Council Member Feldhaus posed questions relative to square footages of the other units/businesses in
comparison to the pawn shop then stated he has no problem with pawn shops because he knows they
work with Police Departments and are a good resource for tracking illegally used weapons. The Mayor is
concerned about the aesthetics. He does not think people have any problem finding a pawn shop if they
are looking for one. The pawn shop signage is large along Lincoln as well as the face of the building. He
would suggest in support of the Mayor probably some treatment that would soften that. If they could get
Mr. Staehling to do that, the Council would be grateful.
Linda Lee Grau, 24 Morning Dove, Irvine 92604. She is an interested citizen visiting Anaheim. The sign
worked for her. She asked that the Council concern themselves with protecting liberty and freedom and
respecting people's property rights.
Council Member Tait. He shares the Mayor's concerns but to ask the applicant on such shod notice to
make a financial decision about the sign, he hesitates doing so. He is going to suggest continuing this
matter until the next meeting.
Mr. Staehling. He has had hundreds of people go by their business; eventually some will stop in and say
they never new there was a pawn shop there. They say they never saw the sign. He can change the
pawn to numbers, but as far as changing the main pawn shop sign, that would put him out of business.
Signage and word of mouth are the main ingredients of a successful pawn shop. He is talking about the
main sign.
Mayor Daly. He surmises it is his (Staehling's) feeling he will adjust the phone number but wants to
leave the pawn shop sign; Mr. Staehling stated he does not have the money to change the sign. It is
going to cost $1,700 to put in the small signs front and back with no lettering.
Mayor Daly closed the Public Hearing.
Council Member Kring. The Mayor is concerned there is a school nearby so the sign is not appropriate.
She asked how long the school had been there; Mayor Daly noted it is one of the oldest in Anaheim.
Council Member Kring noted that the business has been there for three years with no problem with the
sign. Signage is extremely important to a business and also very expensive. She personally thinks it is
a very attractive sign because it draws attention to the business. If there has been no criminal activity, it
does not seem the sign would generate any such activity.
Mayor Daly. His point is he believes a pawn shop is detrimental to the property values of the area. It is
a negative for the neighborhood and the school. He respects the right of the gentleman to make a living
but he does not think pawn shops are what they are after in the community if they want to improve
property values. He has the equivalent of two signs -- East Side Jewelry and Loan and next to that,
Pawn Shop. He is trying to suggest a reasonable compromise but the business owners do not want to
bend in any substantial way.
Council Member Feldhaus asked how many business licenses were recorded at that location; from the
audience, Mr. Staehling stated he has two business licenses.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
Mayor Daly closed the Public Hearing.
Mayor Daly. There was thought of a continuance, but he does not think there is a willingness to do
anything substantial in terms of changing the sign.
Mayor Daly moved to deny the CEQA finding (Negative Declaration). Council Member McCracken
seconded the motion.
Before action was taken, Council Member Tait stated he is still going to ask for a continuance. He is
having difficulty coming to a resolution on this issue. He would like the applicant to work with staff and
maybe there is something he can do that is less costly.
MOTION. Council Member Tait moved to continue the subject Public Hearing to the next scheduled
Council Meeting, January 5, 1999. Council Member McCracken seconded the motion. MOTION
CARRIED.
D4.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4064,
AND NEGATIVE DECLARATION:
OWNER: Walter Friedman Trustee, WRBL Trust, 9 Goodyear, Irvine, CA 92618
AGENT: Eller Media, Attn: S. I. Castillo, 1550 W. Washington BIvd., Los Angeles, CA 90007
LOCATION: 1107 North Brookhurst Street - Guerrero Auto Repair. Property is 0.25 acre
located at the northwest corner of Brookhurst Street and La Palma Avenue.
To permit the construction of two (2) 36-foot high, 300 square-foot billboards.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4064 DENIED (PC98-178) (6 yes votes, 1 absent).
Denied Negative Declaration.
Informational item at the meeting of December 1, 1998, Item B3. Letter of appeal submitted by
the owner, Walter Friedman.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: December 3, 1998
Mailing to property owners with 300 feet: December 3, 1998
Posting of property: December 4, 1998
Mayor Daly asked for a brief report from staff summarizing the request.
Greg Hastings, Zoning Division Manager. After briefing some portions of the Staff Report to the
Planning Commission dated November 9, 1998, he also explained that in 1989 an ordinance was
adopted requiring a Conditional Use Permit for all new billboards. The two existing billboards then on the
property became legal non-conforming uses. Recently due to Caltrans acquisition of portions of the
property for street-widening purposes, the billboards were removed and according to documentation by
Caltrans, the property owner was compensated for the land, site improvements, and value of the
billboards. Now the applicant is requesting a CUP to reconstruct those two billboards to replace what
was removed. The Commission denied the request because it would create a detrimental aesthetic issue
on the Redevelopment efforts currently occurring to the Brookhurst Corridor. In addition, the
Commission received opposition from WAND and the Orange Avenue Homeowner's Association.
Council will note that a February 22, 1995 letter sent by the Planning Department to the property owner
indicated that, "The City of Anaheim has adopted the policy which grants any property affected
negatively (becoming non-conforming) by the act of taking (whether by Caltrans or other governmental
entities) a grandfathered status to the extent that it has become non-conforming due to the act of taking,
and will be permitted to remain and operate accordingly." Therefore, any subsequent changes,
expansions or additions by the property owner would not be grandfathered and would need to comply
with the code requirements at the time the changes or expansions are made. That is why the applicant is
now requesting a CUP. The applicant has made inference that the letter allows them to be constructed
by right. Planning staff and City Attorney staff have concluded this is not the case and that the
26
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
previously existing billboards have no bearing on this current proposal. Staff is available to answer any
questions.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant or property owner to
finalize the request.
Walter Friedman, 624 Barnsdale St., Anaheim. He has been a resident for approximately 30 years and
is before the Council tonight pleading for justice, fairness and equity. He is asking the City to keep its
written promise to him. He then gave an historical overview of the situation brought about in 1994 when
Caltrans informed him that a certain portion of his property at 1107 N. Brookhurst would have to be taken
by eminent domain for the I-5 widening. He was concerned over his ability to continue to use his
property in the exact same manner as it had been used since he acquired the property in 1983. He then
explained in detail his contacts with the City and specifically his communications both by telephone and
letter with Majid Ahmadi of the Planning Department, to confirm and be assured that his property was
grandfathered and he would be able to use his property after the eminent domain taking exactly as
before. (See letter dated February 7, 1995 by Walter A. Friedman to Majid Ahmadi and answer by Mr.
Ahmadi dated February 22, 1998 previously made a part of the record and pads of both which were read
by Mr. Friedman.) In reliance on the letter he received, he knew that after the partial taking, he could
use his property the same as before the taking. Since he knew he could move his signs on his property
when negotiating with Caltrans, he did not ask for any consideration for any of the signs and no
consideration was paid by Caltrans for the loss of his billboards as set forth in the final and only
agreement with Caltrans confirmed by the City Attorney in writing in a letter to the Planning Commission.
All he is asking is to reinstall the billboards that existed for 20 years. He further respectfully reserves any
and all of his legal rights and remedies in connection with the billboards under the numerous causes of
action that may arise including but not limited to estoppel, breach of contract, detrimental reliance, etc.
He hopes that as a 30-year resident and citizen, he can rely on the written representations of his City. He
is asking that they make City government responsible for their written promises. He respectfully requests
that the City honor its written representation that he can continue to use his property as it was being used
at the time of the partial taking thereby allowing the immediate installation of the billboards.
Lane Lawson, Public Affairs Representative, Eller Media. Mr. Friedman approached Eller with his
agreement with Caltrans and the letter from the City. Eller Media does not enter into lease agreements
lightly. They looked through all the information and confirmed that he (Friedman) was not compensated.
They thought the letter from the City was the clincher and something that was grandfathered in. Eller
Media would like the Council to approve the request.
There being no further persons who wished to speak, Mayor Daly closed the Public Hearing.
Council Member Feldhaus. Mr. Friedman continues to maintain he was not paid for the billboards;
Planning staff and the legal department maintain that he was, in fact, paid for the billboards. For his own
edification, he asked staff to explain why they believe he was paid for the billboards.
City Attorney White. Council needs to keep in mind they are dealing with a land-use decision under the
zoning code. The comments made and addressed by Mr. Friedman and the billboard representative
relate to a legal issue, not the land-use issue. He has yet to hear testimony on the criteria in the code
that would bear upon the approval or denial of the permit. In answer to Council Member Feldhaus's
question, the City inquired of Caltrans regarding whether or not Mr. Friedman had been compensated.
The City received a letter addressed to his office dated November 3, 1998 that says, "This letter is meant
to clarify the items Mr. Walter A. Friedman was compensated for by the State/OCTA for the partial taking
of his property at the NWC of Brookhurst and LaPalma. The components of the compensation consist of
payment for land, T.C.E., site improvements and the value of two outdoor advertisin.q si.qn sites .... "
The letter was signed by John C. Brown, III, St. R/W Agent, Appraisals, State of California, Department
of Transportation. (Letter previously made a part of the record.) Attached to that is an excerpt from the
actual appraisal that shows the value that was included in the appraisal for the outdoor advertising
structures. The best information staff currently has is that Mr. Friedman was compensated. He (White)
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
does not believe that is germane to tonight's decision. He believes this is a land-use issue on whether or
not these two billboards fit the criteria in the code to grant a CUP.
Council Member Kring. The letter that was sent by Mr. Ahmadi to Mr. Friedman that stated there was a
grandfathered status, the applicant relied on that letter; City Attorney White. In response, statements
made by an individual staff member are rarely held against a public agency to create an estoppel which
would mandate or require the City to act in a way contrary to its written code. Otherwise, individual staff
members could, in effect, be modifying all the provisions that the City Council has adopted by ordinance
simply by making statements to the contrary. Having said that, he still does not think the letter sent by
Mr. Friedman to Mr. Ahmadi or Mr. Ahmadi's response stand for the proposition, in his opinion, that Mr.
Friedman said they do. There is no reference in Mr. Friedman's letter to billboards or outdoor advertising
structures. His letter says in the second paragraph .... "1 would "not have to make any changes" to the
land or building at 1107 N. Brookhurst St. after the partial taking by Caltrans; the land and the building at
1107 N. Brookhurst "will be OK" after the partial taking and myself or my tenant would be able to use the
property "As-Is" after the partial taking by Caltrans." The partial taking required the removal of the
billboards. What Mr. Ahmadi was responding to was the fact that, yes, the uses that remain and existing
on the property are deemed grandfathered in but the billboards were removed. It is not possible to
grandfather in a use that was removed from the property. It applies to structures and uses of property
that continue in existence and not ones that have been removed. He does not agree with Mr. Friedman's
analysis.
Council Member Kring asked the City Attorney if he thought the letter from Mr. Friedman to Mr. Ahmadi
was expressing the fact that his interpretation was, after the taking, he would be able to put the billboards
up in another location.
City Attorney White. He does not think so in his interpretation; looking at the letters, there is nothing that
relates to the billboards. If they were so important and one of the reasons for the letter, it seems there
would have been a reference to the billboards in the letter. He wants to make it clear, they are
concentrating on and all considerations so far have been on one issue -- whether Mr. Friedman has a
legal absolute right to replace the billboards. If he has that right, he does not need to come to the
Council and has legal redress to enforce that right. The reason he is present tonight is to get a CUP and
in order to do so, the Council needs to direct itself to the criteria in the code and determine whether or
not the billboards are an appropriate use at this point in time for this piece of property rather than the
legal issue they are spending a lot of time on. He reiterated, if Mr. Friedman is right, he does not need to
come to the Council to enforce that.
Joel Fick. He echos all the comments by the City Attorney. Electrical and sign permits related to the
billboards reference an address at 1101 N. Brookhurst which is a different address than the 1107 N.
Brookhurst address.
Council Member Tait. He asked the significance of that and also for clarification if Mr. Fick was saying
the billboards were not even on the parcel referred to in his letter; Joel Fick. The letter to Mr. Friedman
references 1107 N. Brookhurst but makes no reference to the billboards. The historical permits that were
issued for the sign permits for the billboards reference an address of 1101 N. Brookhurst.
Lisa Stipkovich, Executive Director of Community Development. This is in a Redevelopment Project
Area and they have been working closely with the Planning Department. Another piece of information
that would be relevant to the discussion in conjunction with the compensation that was paid regarding
this matter, not only was the property owner paid, but also the billboard company. Further, the rights for
the advertising was given a Permanent Relocation Claim meaning there wasn't an intention to relocate
back on to the site. Caltrans reimbursed for the cost of removing the billboard permanently and also
made a "good will" settlement meaning paying the company for future revenue they would anticipate
receiving from the advertising. In addition to the property owner's rights, Caltrans also dealt with the
billboard company and paid them a compensation to permanently remove the billboards.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly,
seconded by Council Member McCracken, the City Council denied 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 substantial evidence that the project will have a significant effect on the environment.
Council Member Kring voted no. MOTION CARRIED.
A member of the public approached the podium (Mr. Steve Sheldon) and asked for an opportunity to
respond; Mayor Daly noted that the Public Hearing was closed.
City Attorney White stated that it was at Council's discretion whether to re-open the hearing or not; there
were additional comments by another member of the public which the Mayor stated were inappropriate
(and resented the shouting) especially since he took the time to meet with the gentleman (assumed to be
Mr. Friedman).
Mayor Daly offered Resolution No. 98R-268 for adoption denying Conditional Use Permit No. 4064.
Refer to Resolution Book.
RESOLUTION NO. 98R-268: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
4064.
Before a vote was taken, Council Member Feldhaus stated he feels on the one hand the applicant was a
victim of the widening and that he should probably be given an opportunity, a short period of time, to do
something with the billboards, but on the other hand, he is hearing that is not even before the Council
tonight. He thought he had it straight in his mind, but now is not so certain. He does not know if anything
would be served by suggesting a continuance; Mayor Daly stated he could choose to vote or abstain.
Roll Call Vote on Resolution No. 98R-268 for adoption:
AYES:
NOES:
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Tait, McCracken, Daly
MAYOR/COUNCIL MEMBERS: Kring
MAYOR/COUNCIL MEMBERS: Feldhaus
The Mayor declared Resolution No. 98R-268 duly passed and adopted.
C1.114: LIAISON COMMITTEE APPOINTMENTS:
I.N.S. Committee (Zemel, Tait)
Redevelopmerit (Lopez, McCracken)
Transportation (Daly, Zemel)
Audit (Daly, McCracken)
Chamber of Commerce (Zemel, McCracken)
Utilities (Daly, Tait)
MOTION. Mayor Daly suggested and moved that the subject appointments be continued to the first
meeting in January, (January 5, 1999). Council Member Kring seconded the motion. MOTION
CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
C2. REGIONAL AGENCY APPOINMENTS:
Foothill/Eastern Transportation Corridor (Lopez)
County Sanitation Districts 2,3, and 13 (Zemel)
Mayor Daly. He feels it is important they fill the Foothill/Eastern Transportation Corridor position
because the FETC Agency will be meeting again in January.
MOTION. Mayor Daly moved that Council Member Frank Feldhaus be appointed to the Foothill/Eastern
Transportation Corridor Board. Council Member Tait seconded the motion. MOTION CARRIED.
Mayor Daly stated if there is a need for an alternate (to FETC), they can address that at a future date.
Relative to other Agency or District Representatives, Council Member McCracken stated she would be
willing to let someone else consider serving on the Joint Powers Authority for Fire Training and Joint
Powers Authority for Hazardous Materials since she is willing to take on one of the other appointments.
She would still be willing to sit on the Santa Ana River Flood Control District.
Council Member Kring. She would be willing to take on the Joint Powers Authority positions.
MOTION. Council Member McCracken moved to appoint Council Member Kring as Representative on
both the Joint Powers Authority for Fire Training and Joint Powers Authority for Hazardous Materials.
Mayor Daly seconded the motion. MOTION CARRIED.
Mayor Daly directed the City Clerk if there are any other regional appointments to be made, he asked
that those be brought back in January.
C3. 112: REPORT ON CLOSED SESSION ITEMS:
City Attorney White stated there were no actions to report from Closed Session.
C4. 114: COUNCIL COMMENTS:
Council Member McCracken. The Public Works Department received a petition with 101 signatures
requesting a traffic signal at Orangewood and Mountain View. The petition had no addresses and
telephone numbers but she believes that those residents need to know a traffic signal is planned for the
Spring of 1999. Their petition request is being answered although they left no way in which staff can
contact them.
She wished all the citizens of Anaheim and her colleagues a healthy and happy holiday season and a
happy and prosperous 1999!
Council Member Kring. She, too, wished everyone a very Merry Christmas, happy holidays and a
healthy, happy and prosperous New Year.
Council Member Feldhaus. He asked Council's concurrence in asking the City Manager to investigate
and bring a report back as to why they should not escalate the maintenance and trimming of Anaheim's
90,000 trees from once a year, or as needed, to twice a year or as needed. He continues to receive
complaints from citizens regarding this issue. He believes that the additional cost to escalate
maintenance and trimming may at least partially be offset by savings in having to repair uprooted trees,
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 15, 1998
removing and grinding up broken limbs due the the Santa Ana winds experienced every year, or
frequently having to send trimmers out on an emergency or urgent basis to trim trees that may be a
problem. The cost the City incurs for doing cosmetic surgery on sidewalks and curbs is another issue.
The Council's Assistant tells him she receives as many as seven complaints a week on this issue alone.
He would like to have Council concurrence to ask the City Manager to look into what they can do to
escalate that schedule.
Mayor Daly. He feels that is a good idea and they look forward to a report from the City Manager on the
subject of the frequency of pruning parkway trees.
Mayor Daly. He asked the City Clerk to place on the next Council agenda the subject of a Charter
Review Committee for the purposes of reviewing the City Charter and making recommendations for
appropriate changes to make sure it is a modern document which fits the needs of the community. He
believes the last Charter Committee was seven or eight years ago. It will be discussed at the next
meeting.
Mayor Daly. Ending on a sad note, many of those in the City family are aware that City Treasurer,
Charlene Jung lost her husband, Munson, yesterday due to a sudden illness. Munson Jung was just 50
years old. Their thoughts and prayers are with Charlene and other family members in this time of
mourning.
ADJOURNMENT: By general Council consent, the City Council Meeting of December 15, 1998 was
adjourned. The next scheduled meeting is January 5, 1999.
LEONORA N. SOHL
CITY CLERK
31