1999/05/04ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken,
ABSENT: MAYOR : Tom Daly
PRESENT: ASST. CITY MANAGER : Dave Morgan
CITY ATTORNEY : Jack White
CITY CLERK : Leonora N. Sohl
ASST. CITY CLERK : Ann Sauvageau
ZONING DIVISION MANAGER : Greg Hastings
EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT : Lisa Stipkovich
TRAFFIC/TRANSPORTATION MANAGER : John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:50 p.m. on
April 30, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Pro Tem, Shirley McCracken called the workshop portion of the meeting of May 4, 1999 to order
at 3:18 P.M. and welcomed those in attendance. (Mayor Daly was not present due to a conflict relative
to the subject of the workshop wherein on previous occassions he stated the reasons for not participating
in any discussion or possible decision on the matter.)
City Manager, James Ruth. This is a scheduled workshop to continue Council discussion on the City’s
Campaign Reform Ordinance. He deferred to the City Attorney.
127: CAMPAIGN REFORM LAW ORDINANCE :
City Attorney, Jack White. He referred to the
extensive documentation provided to the Council (see City Council Workshop – Anaheim Campaign
Reform Law – May 4, 1999 also containing attachments – Matrix comparing current code to each of the
options presented and Options D and E of the subject ordinance) which he noted was available for the
public in the foyer of the Council Chamber. (Also see minutes of January 26, March 16 and March 23,
1999 where extensive discussion has taken place on this matter and subsequently determined to
be discussed at a workshop scheduled this date.) Since April, 1993, the City has had a local campaign
contribution limit in the form of the Anaheim Campaign Reform Law adopted following an advisory vote
by the voters that occurred in Novmeber , 1992 at which time the voters by a wide margin recommended
that the City adopt a campaign contribution limit (of $1,000). That ordinance has remained in effect for
approximately 6 ½ years with some minor modifications. Options available to the Council at this time
are (a) continue with the current ordinance as set forth in AMC (Anaheim Municipal Code) Chapter 1.09,
(b) amend the current ordinance, (c) repeal the current ordinance.
Approximately 15% of the cities in California have local campaign contribution ordinances, mostly the
larger cities. There is no legal requirement to have such an ordinance. He reiterated , the voters on a
ballot advisory measure in 1992 recommended the Council adopt such a law. In addition, Proposition
208 was adopted three years ago by the electorate to impose state-wide contribution limits on all local
and state offices at $250 per election which could have been increased to $500 under certain
circumstances. That limitation was enjoined and held to be unconstitutional by the Federal District Court
and is presently on appeal. If determined by three members of the Council to continue to have a local
campaign ordinance, there are certain provisions necessary to include in his opinion. It is not possible to
just adopt a one-line limitation that says contributions shall be limited to “X” number of dollars per
election since it would be meaningless and unenforceable because of the loopholes that would be
available. He believes there are seven things the Council needs to seriously consider at a minimum.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
Mr. White then briefed Pages 2 through 6 of the May 4, 1999 report/documentation which covered the
following: Definition of Terms, Contribution Limits, Prior Debt Retirement, Election Cycles (defines),
Aggregation of Contributions, Treatment of Loans as Contributions, Enforcement of Violations. At the
conclusion of his briefing on the foregoing issues, he also recapitulated some of the provisions contained
in the previous versions of the ordinance submitted to the Council for consideration (Versions A, B and C
– Option A being repeal of the current Campaign Reform Ordinance, Chapter 1.09 of the AMC ). Also
see report dated March 30, 1999 from the City Attorney to the City Council, Subject : Anaheim Campaign
Reform Law attached to which were the previously proposed amendments/versions).
In concluding his presentation, City Attorney White noted that included in his handout material was a two-
page matrix comparing the various provisions in detail, i.e., Current Code and Versions B, C, D and E.
(See first attachment to the May 4, 1999 report listing comparison items 1. through 9.). There are 30
different subparts that go into the current ordinance. It would be helpful after a question and answer
period or after public comments if the Council would go through those with him and give some direction
as to which ones the majority of the Council can agree to support in terms of an ordinance in the event
the majority wants an ordinance at all.
Mayor Pro Tem McCracken asked first to hear public comments.
Shirley Grindle . She first noted that seven Counties in California (including Orange) have contribution
limits and 62 cities which represents over one-half the current population of California, now at 33 million).
The 15% figure, she feels, is a way of diminishing the importance of the numbers involved. Ms. Grindle
then gave an extensive presentation giving specific and detailed input relative to a number of the
provisions as proposed in the amendments to the City’s Campaign Reform Ordinance submitted for
Council consideration. She specifically addressed the following (see Matrix comparing the current code
to each of the options):
Item 1. Contribution Limits, Sec. 1.2 – limits contributions to persons or committees making independent
expenditures to $1,000 per contributor per election. If it is the Council’s intent to aggregate contributions,
then she favors Option C. Item 4. Aggregation of Contributions, Sec. 4.3 - aggregates contributions of
entities sharing two or more officers. It is safer to have this included, but it would not concern her if it
were dropped. Also , under Sec. 4.4 and 4.5, she likes what Mr. White has written for Option D (in these
areas) but would like to see that language put into Option C. Item 6. Transfers of Funds. She prefers
Option C relative to such transfers (not included in D and E). Item 7. Loans, Goods and Services, Sec.
7.2 – requires filing of loan agreements with campaign statements. She is not concerned if that is
deleted. Item 8. Reporting Obligations, Sec. 8.1 and 8.2 – prohibits candidate from depositing
contribution unless name, address, occupation and employer are on file with the candidate and requires
cumulative reporting of contributions totaling $100 or more from a single source during any election
cycle. She is unwilling to accept anything that does not require that such information be provided. It is
already required by State law. She explained for Council Member Tait that although it is required by
State law, there are no contribution limits so it is not as important at the State level. The information is
necessary to be able to track contributions. (Council discussion and questioning followed on this issue).
At the conclusion, Ms. Grindle stated she recommends Option C in this regard and added that she
supports Option C entirely.
Ben Bay, former Council Member/Mayor of Anaheim. He first asked if, if there were no limits, would they
need any or all of the ordinances proposed/presented; City Attorney White answered, no.
Mr. Bay continued, for years when he was raising money and running political campaigns, he never
experienced a time when anybody gave him money to influence his vote, and a lot of people gave him a
lot of money. It has always bothered him that no one has concentrated on researching the cause of all
the laws. He feels they are only an attempt to placate the public who has a wrong image of what
happens with political contributions. He also feels that limitations are a “farce”. Those candidates who
could or would will go around the laws in any case. There are ways to circumvent any of the ordinances
and the real “crooks” will do so. He has not seen any real crook running for City Council. His opinion is if
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
they could do away with all the limitations and get back to the way it used to be years ago, there wouldn’t
be any difference at all in what happens. He is present to say that he thinks limitations are
unconstitutional and does not believe they should have any.
There were no further persons who wished to address the issue at this time.
City Attorney White. He would like to suggest that they try to quickly work their way through the two-
page matrix to find out which of the items could not be supported by at least three of the Council
Members or to discuss whether or not they will have an ordinance.
Council Member Feldhaus . He would like to do away with the ordinance altogether and revert entirely to
State law. He has many comments since he has spent a lot of time on the issue. He would like to hear
the pros and cons by going down the list of the issues presented.
City Attorney White asked if they would like the matter continued to another date; Council Member Kring
felt that would be a good idea.
Mayor Pro Tem McCracken . She is for amending the current ordinance and also believes that the public
expects some kind of limitation. Perhaps they could work out how they should proceed and schedule
another meeting but give the City Attorney something in advance.
City Attorney White. The Council has already done perhaps ¾’s of what is necessary in the workshop –
received and reviewed the written material containing a summary and receiving public input. The one
remaining matter is for the Council to give their input on what they would like to see , if anything, and
schedule it on a future agenda. He suggested that they might want to continue this to another meeting
for that purpose.
Council Member Kring . She would like to discuss all of the items in a public forum and does not feel
they need to have the City Attorney’s Office do an “F” version of the ordinance.
City Attorney White. With Council’s permission, he suggested that they simply continue the matter to
another date for Council’s consideration and staff will schedule it at the first available date when there is
time on the workshop schedule, date to be announced.
MOTION. Council Member McCracken moved to continue further Council deliberation to another date
and asked that staff again schedule the matter on the first available date, to be announced, when there is
sufficient time on the workshop schedule. Council Member Kring seconded the motion.
Before a vote was taken, Council Member Tait stated one thing he would like to add as another column
to the Matrix is what State law provides, i.e., if they repealed the City campaign reform ordinance, what
would State law provide.
A vote was then taken on the foregoing motion. Mayor Daly was absent. MOTION CARRIED.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
1.
54956.9(a) - Existing Litigation:
Name of case :
Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions)
Orange County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
2.
54956.9(a) – Existing Litigation:
Name of case : Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone
Company, Orange County Superior Court Case No. 77-30-74,
( and related cases).
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
3.
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the
Government Code:
(one potential case).
Existing facts and circumstances :
Claims by or against Tiffy’s Family Restaurant, Inc., 1060
West Katella Avenue, relating to widening of Katella Avenue.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
4.
54956.9(a) – Existing Litigation:
Name of case :
J.G.D. Company, Inc., v. City of Anaheim, Orange County Superior Court Case
No. 79-78-04.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
5.
54956.9(a) – Existing Litigation:
Name of case :
JoJo’s California Family Restaurants, Inc., v. City of Anaheim, Orange County
Superior Court Case No. 79-51-01.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
6.
Title:
City Management.
RECESS: Council Member McCraken moved to recess into Closed Session. Council Member Kring
seconded the motion. Mayor Daly was absent MOTION CARRIED. (4:15 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of May 4, 1999 to order at 5:55 p.m. and
welcomed those in attendance.
INVOCATION: Pastor Jimmy Gaston, from the Church of Christ gave the invocation.
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag.
PRESENTATION - RECOGNITION OF SERVICE ON PARKS AND RECREATION
119:
COMMISSION:
Recognizing Manuel T. Ontiveros for his six years of service on the Park and
Recreation Commission.
Mayor Daly. He noted this is an exception to the norm since “ Manny” is leaving the Park and Recreation
Commission because he has been appointed to the North Orange County Community College District
( NOCCCD) Board of Directors. In that capacity, he will be part of a Board of overseers for Fullerton and
Cypress College as well as all the other programs that are run by the NOCCD. Along with wishing him
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
well in his new position, the City is expecting under his leadership that the Community College District
will bring more facilities to Anaheim.
Manual Ontiveros . In January, 1993, Council Member Feldhaus made a motion to appoint him to the
Park and Recreation Commission and it was approved unanimously. He had a wonderful tenure on the
Commission and was Chairman twice. He then introduced several people in the Chamber audience, one
being a member of the NOCCCD Board, Leonard Lahtinen, and the other, Dean Olsen, a member of
Supervisor Cynthia Coad’s staff. He also introduced his mother who was accompanied by his sister. He
thanked those for whom he had worked in the City and also thanked the Council for all the support they
have given him.
Mayor Daly presented Manny with a Flying A Certificate extending appreciation for his service and
personally congratulated him as did Members of the Council.
PRESENTATION - 1999 CINCO DE MAYO QUEEN AND HER COURT AND QUEEN FROM
119:
CRUZ AZUL, MEXICO:
Mr. John Kelly, immediate Past President of the Cinco De Mayo ( CDM)
Committee first briefed the Council on the Cinco De Mayo Festival which took place at LaPalma Park
last weekend. On Sunday, the Festival had one of the largest crowds in its long history. It was a very
successful event. Mr. Kelly then introduced the 1999 Cinco de Mayo Queen, Angelica Contreras
st nd
accompanied by her Court, Jessica Reyes, 1 runner up and Liliana Moreno, 2 runner up; Ms.
Contreras expressed how proud and honored she was to participate and pleased to be Queen of the
Festival.
Mr. Kelly then introduced the Queen of Cruz Azul, Mexico, Mariluz Jimenez noting that for many years
they have had a “sister” relationship with the community of Cruz Azul in Hidalgo, Mexico. When the
coronation of the Cinco de Mayo Queen takes place, Cruz Azul participates in the Fiesta which is
reciprocated in September by having the CDM Queen participate at the festivities in Cruz Azul during
their independence day celebration. This relationship has existed since 1983. Accompanying Ms.
Jimenez were representatives from Cruz Azul, President of their fiesta, Alberto Angeles, another
representative who represents their community in Mexico, Alberto Tapia and a special lady, Lillian
Ortega Jimenez. (He also asked that the remainder of the delegation stand; they were acknowledged by
the Council and members of the audience).
Mayor Daly presented the two Queens with bouquets of roses and Council Members greeted and
congratulated as well as greeting the representatives of Cruz Azul.
Mr. Kelly also introduced and gave special thanks to the Chairman and Vice Chairman of the Cinco De
Mayo Committee respectively, Richard Harris and Linda Prieto.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
PROCLAMATIONS
119: : The following Proclamations were issued and authorized by the City Council:
Proclaiming May 1999 as Water Awareness Month
Proclaiming May 6 – 12, 1999 as National Nurses Week
Proclaiming May 12, 1999 as Fibromyalgia Awareness Day
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $3,368,487.61 for the period ending May
4, 1999, in accordance with the 1998-99 Budget, were approved.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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Mayor Daly recessed the City Council Meeting until after the Redevelopment Agency and Housing
Authority Meeting. (6:17 p.m.)
Mayor Daly reconvened the City Council Meeting. (6:20 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Sergeant Charles Atwell, Station Commander, U. S. Army Anaheim Recruiting Station introduced
Sergent Sarah Chapman, Foreign Language Advocate who spoke about the foreign language programs
the U.S. Army has to offer. She explained that she has been speaking to the young people in the
community about the benefits of learning a language and the opportunities available in the Army to learn
a foreign language as well as to be a Foreign Language Professional.
* * * * * * * * * * * * * * * * * * * *
Margaret Habib . She explained problems she has been having and asked everyone’s help in solving
them.
* * * * * * * * * * * * * * * * * * * * *
From the audience, a gentleman asked to speak on Item D3 ., one of the Public Hearing items; Mayor
Daly asked the City Attorney to comment since the Council has received a request for continuance on
Item D3. which was submitted by the applicant.
City Attorney White. There is a request to continue both Items D2. and D3. As well as a recent request
to continue D1. All are Public Hearings. Council procedure is normally to honor the first request for a
continuance. If the Council fails to do so, there are concerns as to whether or not they are complying
with due process rights of the parties requesting the continuance. In the long run, it saves time for both
the public and Council to grant at least that one continuance since, if the Council were to act without one
of the parties being present, there would undoubtedly be a request for and a valid reason given for a
rehearing. The process would then have to start over. It is his recommendation when they come to
those items (D1 ., D2., and D3.) to continue them per the requests received.
Mayor Daly. The developer has asked for a continuance so there will probably not be any actions taken
on those items; City Clerk Sohl noted that in his letter, the applicant (on Items D2. And D3.) has
requested a continuance to May 25, 1999 which, at this time, is not a planned Council Meeting.
Mayor Daly. He announced for the benefit of the public, it is unclear at this time to which date the items
will be continued. He suggested that they follow up later with the City Clerk’s Office as to the dates.
PUBLIC COMMENTS – AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly mov ed to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of May 4, 1999. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A13:
On motion by Mayor Daly,
seconded by Council Member McCracken , 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. 99R-80 through 99R-84 , both inclusive, for
adoption. Refer to Resolution Book.
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A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management .
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Romayne Malloy for property damage sustained purportedly due to
actions of the City on or about February 13, 1999.
b. Claim submitted by Lorena Diep for bodily injury sustained purportedly due to actions of the
City on or about September 1, 1998.
c. Claim submitted by Tom & Linda De Antonio for property damage sustained purportedly due
to actions of the City on or about February 28, 1999.
d. Claim submitted by Nelia Edith Gonzalez for property damage sustained purportedly due to
actions of the City on or about February 23, 1999.
f. Claim submitted by Ray Williams for property damage sustained purportedly due to actions of
the City on or about March 7, 1999.
g. Claim submitted by Michelle R. Winterbottom for property damage sustained purportedly due
to actions of the City on or about October 5, 1998.
A2. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held March 25,
1999.
A3. 158: Approving an Acquisition Agreement for real property located at 5650 East Santa Ana
Canyon Road – Imperial Highway Smart Street Widening Improvements; authorizing the Mayor
and City Clerk to execute said Agreement; and authorizing the acquisition payment of $64,040 to
Margaret L. Yorba, Trustee.
A4. 156: Awarding a contract to the lowest responsible bidder, Advanced Electric Services & Supply
Company, Inc., in the amount of $104,370 for Anaheim Police Department Emergency Power
Circuits; and in the event said low bidder fails to comply with the terms of the award, awarding
the contract to the second low bidder, as well as waiving any irregularities in the bids of both the
low and second low bidders.
A5. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held March 17,
1999.
A6. 158: RESOLUTION NO. 99R- 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds, conveying certain real property or interests therein to the
City. (R/W 5210-10, et al.)
A7. 160: Accepting the bid of Flir Systems, Inc., in the amount of $52,950 for an infrared camera
system, in accordance with Bid #5902. (Utilities)
A8. 160: Authorizing the Purchasing Agent to issue a change order to Homac Company c/o
Matzinger-Keegan, Inc., to increase the not to exceed amount from $175,000 to $425,000 for
electrical connectors and parts for a two-year period through April 14, 2000.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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A9. 123: Approving a First Amendment to Agreement with Liebert, Cassidy & Frierson to reflect the
current hourly rates of the attorneys performing legal services on behalf of the City.
A10. 107: ORDINANCE NO. 5680 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Subsection .100 of Section 6.44.010 of Chapter 6.44 of Title 6 of the
Anaheim Municipal Code relating to nuisances. (Introduced at the meeting of April 27, 1999,
Item A30.)
Council Member Tait . If there is no urgency on this item, he would like a continuance.
MOTION. Council Member Tait requested that this item be continued one week. Council Member Kring
seconded the motion. MOTION CARRIED.
A11. 175: Approving the Proposed Five-Year Electric Underground Conversion Plan for Fiscal Years
1999/00 through 2003/04 (Proposed Plan), as recommended by the Public Utilities Board at their
meeting of April 1, 1999. (Continued from the meeting of April 27, 1999, Item A42.)
A12. 126: To con sider the adoption of the following items necessary for the formation of The
Anaheim Resort Maintenance District.
RESOLUTION NO. 99R- 81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM initiating proceedings for the annual levy of assessments, adopting proposed
boundary map and ordering the preparation of an assessment engineer’s report for a special
maintenance district.
RESOLUTION NO. 99R- 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving the assessment engineer’s report for proceedings for the annual levy of
assessments within a special maintenance district.
RESOLUTION NO 99R-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM declaring its intention to form a special maintenance district and to annually levy and
collect assessments therein, setting a time and place for a public hearing thereon and ordering
the initiation of assessment ballot procedures.
Authorizing the City Manager to represent the City’s property interests within the District and to
vote affirmatively for the Districts formation; and concurring in the conceptual structure of a
District Advisory Board.
A13. 114: RESOLUTION NO 99R-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM expressing opposition to the proposed City of Irvine annexation of El Toro MCAS
and the Musick Jail.
Council Member Tait . His engineering firm does some environmental work for the County so he must
declare a conflict of interest on this item and will abstain from any discussion or decision.
Roll Call Vote on Resolution Nos. 99R-80 through 99R-83, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS :, Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution Nos. 99R-80 through 99R-83, both inclusive, duly passed and adopted.
Roll Call Vote on Resolution No. 99R-84 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 Nos. 99R-84 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
5:00 P.M. HEARING – RESIDENT ONLY PERMIT PARKING:
A14. 149:
To consider the adoption of a Resolution approving a restriction for “Resident Only Permit
Parking” on Laster Avenue from Ninth Street to the end of the cul-de-sac. This street will be
designated as Permit Parking Area No. 3 for which a valid parking permit issued at a cost of $10
shall be required to park on Laster Avenue from Ninth Street to the end of cul-de-sac.
Submitted was report dated May 4, 1999 from the Director of Public Works concurred in by the Acting
Chief of Police recommending approval of the subject permit parking.
Mayor Daly. This comes to the Council as a result of a petition request by the property owners in the
neighborhood. He thereupon opened the Public Hearing and asked if there were any interested
members of the public who wished to speak; there being none, he closed the hearing.
Mayor Daly asked if there were any other such requests for permit parking in the “pipeline” that would be
coming to the Council in the near future.
John Lower, Traffic and Transportation Manager. He answered, no and further noted that this request
had overwhelming support.
Mayor Daly offered Resolution No. 99R-85 for adoption. Refer to Resolution Book.
RESOLUTION NO. 99R- 85 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING LASTER AVENUE FROM NINTH STREET WESTERLY
TO THE TERMINUS OF LASTER AVENUE AS A “PERMIT PARKING ONLY’ STREET.
Roll Call Vote on Resolution No. 99R-85 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. 99R-85 duly passed and adopted.
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APPOINTMENT OF A REPRESENTATIVE TO SOUTHERN CALIFORNIA
A15. 148:
ASSOCIATION OF GOVERNMENTS AND ORANGE COUNTY COUNCIL OF
GOVERNMENTS MEMBERSHIP:
At their meeting held April 27, 1999, Item A45, the Anaheim City Council determined that
Anaheim will become a member of Southern California Association of Governments ( SCAG) and
also the Orange County Council of Government ( OCCOG).
Mayor Daly. Because of her strong interest in regional government issues and her ongoing involvement
in these topics, he nominated Council Member McCracken to be Anaheim’s representative to both of the
organizations. In talking to representatives of both SCAG and OCCOG, there is a feeling that it is ideal if
the same person serves on each. If others on the Council are interested in serving now or in the future,
he would be interested in knowing that and perhaps they could reconsider the matter in coming months.
Council Member Kring . She would be interested in the future of being a representative on SCAG ; Mayor
Daly. They will revisit the issue in the next 12 months or so and ask Mrs. McCracken to keep them
informed on her service on these agencies. (Council Member Kring was amenable to that arrangement).
MOTION. Mayor Daly moved to approve the appointment of Council Member Shirley McCracken as the
City’s representative on both the SCAG and OCCOG. Council Member Tait seconded the motion.
MOTION CARRIED.
APPOINTMENTS TO CITY BOARDS AND COMMISSIONS:
A16. And A17. 105:
Mayor Daly. There are a series of appointments to be made, one each to seven commissions. In each
case, there was a member of the commission who stepped down prior to expiration of their term. If
acceptable to the City Attorney, he would like to take them altogether.
APPOINTMENT TO THE PLANNING COMMISSION :
Appointment to the Planning
Commission to fill the unexpected vacancy of Paul Williams (term expires 6/30/1999).
APPOINTMENT TO THE LIBRARY BOARD:
Appointment to the Library Board to fill
The unexpected vacancy of Cristian Miller (term expires 6/30/2002).
APPOINTMENT TO THE SENIOR CITIZEN COMMISSION :
Appointment to the Senior
Citizen Commission to fill the unexpected vacancy of Mary Atwell (term expires 6/30/2001).
Council Member Kring . She would like to postpone the Planning Commission appointment since the
expiration of the term is the end of June. If they appoint in a couple of weeks, they could start the new
term with a fresh person. She would also like to continue the Library Board and Senior Citizen
Commission appointments having only received the information on Friday. A number of people had
expressed interest and she would like more time.
Mayor Daly. Relative to the Planning Commission, since the term does not expire until the end of June,
he asked if the Council has the option of appointing a person to that vacancy longer than four years.
City Attorney White. Council is limited to appointing to fill the unexpired term, but when it comes up for
renewal, they have the option to appoint that same person to fill the full four-year term. The other option
is to defer the appointment until all of the appointments come up at the end of June.
Mayor Daly. He believes it is important to try to fill the Planning Commission seat as soon as possible.
The Commission meetings, either due to abstentions or vacancies, sometimes have a hard time finding
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
a quorum; Council Member Kring stated she would like at least a week on appointments to the three
commissions.
MOTION. Council Member Kring moved to continue appointments to the Planning Commission, Library
Board and Senior Citizen Commission for one week. Council Member Tait seconded the motion.
MOTION CARRIED.
APPOINTMENT TO THE PARKS & RECREATION COMMISSION :
Appointment to the Parks &
Recreation Commission to fill the unexpected vacancy of Ontiveros (term expires 6/30/2000).
(Continued from the meeting of April 27, 1999, Item A48.)
Mayor Daly. There are four remaining appointments to be made today. He opened nominations for
appointment to the Parks & Recreation Commission.
Council Member Kring nominated Linda Newby; Council Member McCracken nominated Cary Karr.
MOTION. On motion by Mayor Daly seconded by Council Member Tait, nominations were closed.
MOTION CARRIED.
A vote was then taken on the nominees in the order in which they were nominated.
Linda Newby - Ayes: Tait, Kring. No: McCracken , Daly. Abstained: Feldhaus.
Cary Karr - Ayes: Feldhaus, McCracken, Daly. No: Kring , Tait .
Cary Karr was thereupon appointed to the Parks and Recreation Commission for the term ending June
30, 2000.
APPOINMENT TO THE BUDGET ADVISORY COMMISSION :
Appointment to the Budget Advisory
Commission to fill the unexpected vacancy of Cindy Floriani (term expires 6/30/2000). (Continued from
the meetings of February 9, 1999, Item A12, February 23, 1999, Item A25. March 16, 1999, Item A25,
and April 27, 1999, Item A47.)
Mayor Daly. Regarding the Budget Advisory Commission, he previously mentioned he thought they
should consider either not having a BAC or shrinking the size of the commission and asking the
commission to change to quarterly meetings or on an as-needed basis. One option is simply not to fill
the seat and to allow the commission to start to shrink from seven to five members. However, if the
Council would like to make a nomination, this is the opportunity. The other option is to continue this item
and ask the City Manager to offer a recommendation.
City Manager Ruth. There is a report that will be ready next week with a couple of options for Council
consideration. Staff has interviewed members of the BAC and have also taken into consideration input
from the Council. He also reported that Phil Knypstra, a current member of the BAC, is moving to
Orange so there will shortly be another vacancy.
MOTION. Council Member Feldhaus moved to continue the appointment to the Budget Advisory
Commission for one week. Council Member Kring seconded the motion.
Before a vote was taken, Mayor Daly stated he had a brief conversation with the Chairman of the BAC ,
Dan Van Dorpe , to let him know this matter would be a future discussion item and asked him to share his
thoughts with the Council as to the viability and functions of the commission.
A vote was then taken on the foregoing motion of continuance. MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
APPOINTMENT TO THE COMMUNITY SERVICES BOARD:
Appointment to the Community Services Commission to fill the unexpected vacancy of Romero
(term expires 6/30/2002). (Continued from the meeting of April 27, 1999, Item A48.)
Mayor Daly opened nominations to the Community Service Board.
Council Member McCracken nominated Andrea Sinclair; Council Member Kring nominated Jack Holmes;
Council Member Feldhaus nominated Mary Sloan.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A vote was then taken on the nominees in the order in which they were nominated.
Andrea Sinclair - Ayes: McCracken, Daly. Noes: Kring , Tait . Abstained: Feldhaus.
Jack Holmes - Ayes: Kring, Tait. Noes: McCracken . Abstained: Feldhaus, Daly.
Mary Sloan - Ayes: Feldhaus, Daly. Noes: Tait , McCracken . Abstained: Kring.
Mayor Daly noted that all three nominees received two affirmative votes (three required). He asked if
they wished to continue voting or continue the appointment one week.
MOTION. Council Member Kring moved that the appointment to the Community Services Board be
continued one week. Mayor Daly seconded the motion. MOTION CARRIED.
APPOINTMENT TO THE INVESTMENT ADVISORY COMMISSION:
Appointment to the Investment Advisory Commission to fill the unexpected vacancy of
Feltenberg (term expires 6/30/2000). (Continued from the meeting of April 27, 1999, Item A48.)
Mayor Daly opened nominations to the Investment Advisory Commission ( IAC).
Council Member Kring nominated Thomas Beitler.
MOTION. There being no further nominations, Council Member Kring moved to close nominations and
appoint Thomas Beitler to the Investment Advisory Commission. Council Member Feldhaus seconded
the motion.
Before a vote was taken, Council Member Tait noted that the IAC is the only Commission that has a
requirement for an appointee to be a Certified Public Accountant or a Certified Financial Planner. He did
not notice on his resume that Mr. Beitler had either of those qualifications. He knows he is a qualified
individual but the ordinance contains those specific requirements.
City Attorney White clarified for the Mayor that the ordinance says the qualifications will be established
by the Council by resolution. He would, therefore, need to see a copy of that resolution and suggested
that the item be trailed until after the Public Hearings and he will have answer.
Later in the meeting , City Attorney White reported that the criteria set forth in the resolution are five in
number – that the candidate shall be: (1) a Certified Financial Analyst (CFA), (2) Certified Financial
Planner ( CFP), (3) Certified Public Accountant (CPA), (4) College graduate with Bachelor’s, Master’s or
Doctorate degree in Business with special emphasis in Finance or Economics, (5) Five years
professional experience as an Economist, Investment Advisor or related field. In looking at Mr. Beitler’s
resume, in his opinion, he meets the qualifications set forth.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
Council Member Tait . Mr. Beitler is obviously qualified.
A vote was then taken on the foregoing motion appointing Mr. Beitler to the Investment Advisory
Commission. MOTION CARRIED.
ITEMS B1 – B9 FROM THE PLANNING COMMISSION MEETING OF
APRIL 12, 1999 - INFORMATION ONLY
APPEAL PERIOD ENDS MAY 4, 1999:
WAIVER OF CODE REQUIREMENT
B1. 179:
CONDITIONAL USE PERMIT NO. 4105, AND NEGATIVE DECLARATION:
OWNER:
Levon and Meline Keorjikian, 202 West Lincoln Avenue, #E, Orange, CA 92865
AGENT:
Ponderosa Property Management, 202 West Lincoln Avenue, #E, Orange, CA 92865
LOCATION: 3331-3339 East Orangethorpe Avenue. Property is 1.21 acres located at the
northwest corner or Orangethorpe Avenue and Crowther Avenue.
To establish conformity with existing Zoning Code land use requirements for an existing
commercial retail center and an existing liquor store with sales of alcoholic beverages for off-
premises consumption and to establish a church within the same commercial center with waiver
of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4105 GRANTED, for three years (church) to expire 4/12/02
( PC99-62) (4 yes votes, 2 absent, and 1 vacancy).
Approved waiver of code requirement.
Approved Negative Declaration.
The decision of the Planning Commission was appealed by Quick Pick Food Store/Junction Liquor in
letter dated May 4, 1999 from Abdal Hussein and, therefore, a Public Hearing will be scheduled at a later
date.
CONDITIONAL USE PERMIT NO. 4090 AND NEGATIVE DECLARATION:
B2. 179: ,
OWNER:
Larry E., Joan, Gary, Joyce and Janice Bedrosian, 710 East Ball Road, Anaheim, CA
92806
AGENT:
Michael Hearn, 8180 East Kaiser Boulevard, Anaheim, CA 92808
.
LOCATION: 2890 East La Palma Avenue Property is 11.5 acres located at the southwest
corner of La Palma Avenue and White Star Avenue.
To construct two indoor roller hockey rinks with accessory retail and concession sales to be in
conjunction with a future industrial park.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4090 GRANTED ( PC99-63) (4 yes votes, 2 absent, & 1 vacancy).
Approved Negative Declaration.
Mayor Daly posed questions to staff for purposes of clarification which were answered by Greg Hastings,
Zoning Division Manager also confirming that staff was comfortable with all the details on this item.
CONDITIONAL USE PERMIT NO. 2612, AND NEGATIVE DECLARATION:
B3. 179:
OWNER:
Edward and Patricia Scanlan, 1112 Wakefield Place, Anaheim, CA 92802
LOCATION: 328 North Vine Street.
Property is 0.2 acre located on the east side of Vine
Street, 350 feet north of the centerline of Cypress.
To amend or delete a condition of approval pertaining to an age limitation for residents of a
previously-approved board and care facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to the conditions of approval of CUP NO. 2612
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
( PC99-64) (4 yes votes, 2 absent, & 1 vacancy).
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
AND NEGATIVE DECLARATION CONDITIONAL USE PERMIT NO. 4049 - REQUEST
B4. 179:
FOR REVIEW AND APPROVAL OF FINAL PLANS :
GPRA Architects, Attn: Dennis
McCollough, 17875 Von Karman #301, Irvine, CA 92614, request review and approval of final
sign plans. Property is located at 1163 and 1165 North Knollwood Circle.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans for CUP 4049.
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
CEQA NEGATIVE DECLARATION ( PREVIOUSLY-APPROVED)
B5. 179:
CONDITIONAL USE PERMIT NO. 4098 - REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE :
Paul Hwang, 1912 Bayport Circle No. A, Anaheim, CA
92801, requests determination of conformance to allow an additional 914 square feet and
redesign of the floor area for a previously-approved church. Property is located at 1565 West
Katella Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP 4098 determined to be in substantial conformance.
Negative Declaration previously approved.
CEQA EXEMPTION - SECTION 15061(b)(3)
B6. 155:
SPECIFIC PLAN ADJUSTMENT NO. 1, AMEND THE ANAHEIM RESORT SPECIFIC PLAN
NO. 92-2 :
City-initiated, 200 South Anaheim Boulevard, Anaheim, CA 92805, request to amend
the Anaheim Resort Specific Plan No. 92-2, Zoning and Development Standards (Chapter 18.48
of the Anaheim Municipal Code) relating to structural setbacks and yard requirements to reflect
the redesignation of Convention Way from a Primary Arterial Highway to a Local Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended to City Council adoption of the Specific Plan adjustment.
CODE AMENDMENT NO. 99-03 - REQUEST FOR AMENDMENT TO THE ANAHEIM
B7. 179:
FLOODPLAIN MANAGEMENT ORDINANCE - CHAPTERS 17.28 AND 18.90 OF THE
ANAHEIM MUNICIPAL CODE :
City Initiated, Planning Department, 200 South Anaheim Blvd.,
Anaheim, CA 92805, request for amendments to the Anaheim Floodplain Management
Ordinance.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the draft ordinance to City Council.
ORDINANCE NO. 5681 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending various Subsections of Sections 17.28.030, and 17.28.100, 17.28.130 and 17.28.190
of Chapter 17.28 of Title 17 and amending Subsection .075 of Section 18.90.030 of Chapter
18.90 of Title 18 of the Anaheim Municipal Code relating to Flood Hazard Reduction.
ENVIRONMENTAL IMPACT REPORT NO. 320 ( PREV. CERTIFIED)
B8. 155:
AREA DEVELOPMENT PLAN NO. 120
Gotcha Glacier, Attn: Bradford Kinney, 33159-D
Camino Capistrano, San Juan Capistrano, CA 92675, and Summit Commercial Properties, Inc.,
Attn: Rod Oshita, 1970 E. Grand Avenue, Suite 300, El Segundo, CA 90245, request Planning
Commission review of final plans for development in Sportstown Anaheim. The property
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
consists of about 50 acres located southeast of the southeast corner of Katella Avenue and State
College Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Received and filed the Final Schematic Plans (Exhibit Nos. 1 and 2, dated April 1, 1999) for the
master site plan for the 250,000 square-foot Summit commercial office building, the 435,000
square-foot Gotcha Glacier building and 40,000 square feet of retail development adjacent to
Gotcha Glacier.
Approved previously certified EIR NO. 320
CEQA EXEMPTION - SECTION 15061(b)(3)
B9. 179:
CODE AMENDMENT NO. 99-04 - REQUEST ORDINANCE RELATING TO PLANNING
COMMISSION REPORT AND RECOMMENDATION ITEMS AND CONDITIONS OF
APPROVAL :
City Initiated (City Attorney’s Office), 200 South Anaheim Blvd., Anaheim, CA
92805, requests the Planning Commission recommend City Council adoption of the proposed
ordinance.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the ordinance to City Council.
ORDINANCE NO. 5682 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
adding Subsections .030 and .040 to Section 18.03.070 of Chapter 18.03 of Title 18 of the
Anaheim Municipal Code relating to zoning.
Mayor Daly offered Ordinance No. 5682 for first reading.
ORDINANCE NO. 5682 (INTRODUCTION ) AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING SUBSECTIONS .030 AND .040 TO SECTION 18.03.070 OF
CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING.
END OF THE PLANNING COMMISSION ITEMS FROM APRIL 12, 1999.
ITEM B10 FROM THE PLANNING COMMISSION MEETING OF
APRIL 26, 1999 - INFORMATION ONLY
APPEAL PERIOD ENDS MAY 6, 1999:
CEQA CATEGORICAL EXEMPTION, CLASS 11
B10. 155:
FINAL SITE PLAN NO. 99-02 - REQUEST FOR REVIEW AND APPROVAL OF A FINAL SITE
PLAN :
Patsiko Inc. dba Days Inn, 1030 West Ball Road, Anaheim, CA 92802, requests review
and approval of a final site plan to install two (2) wall signs and a freestanding directional sign.
Property is located at 1030 West Ball Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Final Site Plan (Exhibit Nos. 1 – 6), on the basis that the Final Site Plan is in
conformance with the Anaheim Resort Specific Plan No. 92-2.
END OF THE PLANNING COMMISSION ITEMS FROM APRIL 26, 1999.
ORDINANCES FOR INTRODUCTION:
B11. 179: ORDINANCE NO. 5683 (INTRODUCTION) Amending Title 18 to rezone property
under Reclassification No. 98-99-09 located at: (Parcel A ) 2623 W. Lincoln Avenue; (Parcel B)
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
2607 W. Lincoln Avenue; (Parcel C) 2601 W. Lincoln Avenue; and (Parcel D) 109, 111, 115,
117, and 119 N. Magnolia Avenue from the CG zone to the CL zone.
B12. 179: ORDINANCE NO. 5684 (INTRODUCTION) Amending Title 18 to rezone property
under Reclassification No. 98-99-05 located at 6900 East Canyon Rim Road from the RS-HS-
10 ,000(SC) zone to the RS-A-43,000(SC) zone.
Mayor Daly offered Ordinance Nos. 5683 and 5684 for first reading.
ORDINANCE NO. 5683: (INTRODUCTION ) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER
RECLASSIFICATION NO. 98-99-09 LOCATED AT: (PARCEL A) 2623 W. LINCOLN
AVENUE, (PARCEL B) 2607 W LINCOLN AVENUE, (PARCEL C) 2601 W LINCOLN
AVENUE, AND (PARCEL D) 109, 111, 115, 117 AND 119 N. MAGNOLIA AVENUE
FROM THE CG ZONE TO THE CL ZONE.
ORDINANCE NO. 5684 (INTRODUCTION ) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER
RECLASSIFICATION NO. 98-99-05 LOCATED AT 6900 EAST CANYON RIM ROAD
FROM THE RD-HS-10,000 (SC) ZONE TO THE RS-A-43,000 (SC) ZONE.
Council Member Tait . His firm does engineering work for Thrifty Oil and also Home Depot. He will,
therefore, be abstaining from any discussion or decisions on the four Public Hearing items on today’s
agenda, D1 ., D2., D3., and D4.
Council Member Tait temporarily left the Council Chamber (6:55 P.M.).
CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D1. 179:
CONDITIONAL USE PERMIT NO. 4082
AND ENVIRONMENTAL IMPACT REPORT NO. 319:
OWNER:
The Home Depot, Attn: Dan Campbell, 3800 W. Chapman Ave., Orange, CA 92868
LOCATION: 800 North Brookhurst Street - Home Depot. Property is 9.45 acres located at the
northeast corner of Gramercy Avenue and Brookhurst Street.
To construct a 60-foot high freestanding pylon sign with waivers of (a) maximum area of signs,
(b) permitted location of freestanding signs, (c) maximum height of freestanding signs and (d)
maximum sign width.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4082 DENIED ( PC98-203) (6 yes votes, 1 absent).
Waiver of code requirement DENIED.
Approved previously certified EIR NO. 319.
Informational item at the meeting of January 12, 1999 item B6. Letter of appeal submitted by
Sign Methods.
Public Hearing continued from the meetings of February 23, 1999, Item D2, and March 16, 1999,
Item D1.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : February 11, 1999
Mailing to property owners within 300 feet : February 11, 1999
Posting of property : February 12, 1999
City Clerk Sohl . Letter dated May 4, 1999 was received from Paone Callahan McCholm and Winton
representing The Home Depot requesting a continuation of the Public Hearing for two weeks which will
th
bring it to May 18, 1999. The May 18 meeting is already particularly heavy especially relative to Public
Hearings.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
Mayor Daly. The Council might want to refer this matter back to the Planning Commission or continue it
further into the future ; City Attorney White. The Council is going to have to retain jurisdiction to make
the final decision but could also in the interim refer it to the Planning Commission for another
recommendation.
Mayor Daly. Staff was firm on their recommendation. He had a brief discussion with the applicant
before the meeting and he does not think there is a big difference between two weeks and four weeks.
He asked if a representative of the applicant was present ; there was no response and there were no
other members of the public present who wished to speak. He (Daly) feels the matter should just be
continued since the Planning staff has made a clear recommendation on the issue.
MOTION. Mayor Daly moved to continue the subject Public Hearing for four weeks (June 8, 1999) and
for staff to explain to the applicant why it was not scheduled in two weeks as requested. Council Member
Kring seconded the motion. Council Member Tait abstained/temporarily absent. MOTION CARRIED.
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D2. 179:
CONDITIONAL USE PERMIT NO. 4101
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 99-01
AND NEGATIVE DECLARATION:
OWNER:
Thrifty Oil Company, Attn: Vincent Le Pore, 13539 East Foster Road, Santa Fe
Springs, CA 90670
AGENT:
David Rose, 3870 La Sierra Avenue, #193, Riverside, CA 92505
LOCATION: 300 South Brookhurst Street - Thrifty Oil. Property is 0.51 acre located at the
southeast corner of Brookhurst Street and Broadway.
Conditional Use Permit No. 4101
- to establish conformity with existing zoning code land use
requirements for an existing service station and to convert an existing accessory auto
repair/cashier building into a convenience market with retail sales of beer and wine for off-
premises consumption with waivers of (a) continuation of nonconforming billboards – DENIED,
(b) minimum landscaped setback adjacent to an arterial highway – APPROVED, (c) minimum
retail sales floor area – DENIED, and (d) minimum landscaped setback adjacent to interior
boundary lines – DENIED.
Public Convenience or Necessity No. 99-01
- to determine Public Convenience or Necessity
to allow the retail sales of beer and wine for off-premises consumption within the proposed
convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4101 DENIED ( PC99-40) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, denying waivers (a), (c) and (d), and
approving waiver (b).
Determination of Public Convenience or Necessity No. 99-01 DENIED
( PC99 -41).
Approved Negative Declaration.
Informational item at the meeting of April 6, 1999, Item B1. Letter of appeal submitted by the
Agent, David Rose.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : April 22, 1999
Mailing to property owners within 300 feet : April 15, 1999
Posting of property : April 16, 1999
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D3. 179:
CONDITIONAL USE PERMIT NO. 4102
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 99-02
AND NEGATIVE DECLARATION:
OWNER:
Thrifty Oil Company, Attn: Vincent Le Pore, 13539 East Foster Road, Santa Fe
Springs, CA 90670
AGENT:
David Rose, 3870 La Sierra Avenue, #193, Riverside, CA 92505
LOCATION: 2800 West Ball Road - Thrifty Oil. Property is 0.48 acre located at the southwest
corner of Ball Road and Dale Avenue.
Conditional Use Permit No. 4102
- to establish conformity with existing zoning code land use
requirements for an existing service station and to convert an existing accessory auto
repair/cashier building into a convenience market with retail sales of beer and wine for off-
premises consumption with waivers of (a) continuation of nonconforming billboards, (b) minimum
landscaped setback adjacent to an arterial highway, (c) minimum retail sales floor area, and (d)
minimum landscaped setback adjacent to interior boundary lines.
Public Convenience or Necessity No. 99-02
- to determine Public Convenience or Necessity
to allow the retail sales of beer and wine for off-premises consumption within the proposed
convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4102 DENIED ( PC99-42) (6 yes votes, 1 absent).
Denied waivers of code requirement.
Determination of Public Convenience or Necessity No. 99-02 DENIED
( PC99 -43).
Approved Negative Declaration.
Informational item at the meeting of April 6, 1999, Item B2. Letter of appeal submitted by the
Agent, David Rose.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : April 22, 1999
Mailing to property owners within 300 feet : April 15, 1999
Posting of property : April 16, 1999
City Clerk Sohl . There is a request for continuance by the applicant on both Item D2. and D3. to May
25, 1999 which is not a scheduled Council Meeting date. Mr. Rose is present.
David Rose, The Regents Group. The reason for the request for continuing the hearings to the meeting
of May 25, there is a Planning Commission hearing on both items on May 24, 1999. He explained for the
Mayor there was a condition on both relative to architectural styling. They have since changed the
architectural style of both of the buildings ( Brookhurst and Broadway and Ball and Dale) and have also
added landscaping. The Planning Commission is going to be looking at the landscaping and the
architecture.
Mayor Daly. He notes they will be on both agendas (Planning Commission and Council) simultaneously
even though the hearing dates are different. He asked what if the Planning Commission continues the
item (s).
David Rose. That is a good question. The point of contention on both is they are asking for beer and
wine and his experience when there is a Public Convenience and Necessity ( PCN) determination the
Planning Commission has not chosen to take that policy but has left that policy decision up to the
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
Council. They are in the process of negotiating escrows with either beer and wine licenses or hard liquor
licenses and those escrows have time frames on them.
Mayor Daly. He wants to understand the procedure and would like to hear from staff.
Greg Hastings, Zoning Division Manager. It has been quite a while, but the Planning Commission at one
point would review as a Report and Recommendation any item the Council wished the Commission to
look at. Mr. Rose has indicated some of the changes he would like to see brought back before the
Council. They have not been seen by the Planning Commission. The Council may wish to receive a
recommendation from them only relative to those changes.
Mayor Daly. He asked if this was the customary sequence and how could the CUP be on both agendas
at the same time ; Greg Hastings. He believes there is a Council Policy which would provide that the
Council ask the Planning Commission to review any changes. Typically, staff would like to have had
those changes reviewed by the Planning Commission initially. The only thing the Planning Commission
will be looking at will be a Report and Recommendation which is just a recommendation of the items that
Mr. Rose has applied for. The CUP would not be before the Planning Commission. He clarified it is
labelled that way on the Planning Commission agenda only for identification purposes but they are not
looking directly at the CUP.
After additional discussion and questioning, City Attorney White stated he does not have a problem with
the legality of the procedure. He does not think it is precisely the same procedure that they normally
follow. The Planning Commission denied the CUP’s on both based upon plans they had before them.
After that denial, certain changes have been made to the plans and before the Council actually holds the
hearing, the applicant is desirous of the Planning Commission looking at those changes to give input to
the Council to help in supporting their appeal as to changes being sufficient to warrant rethinking of the
denial. The Planning Commission has acted and the matter is now in front of the Council and plans are
being requested to be looked at again by the Planning Commission.
MOTION. Mayor Daly moved to continue the Public Hearings under Item D2 and D3 to June 8, 1999.
Council Member Kring seconded the motion. Council Member Tait abstained/temporarily absent.
MOTION CARRIED.
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D4. 179:
CONDITIONAL USE PERMIT NO. 4104
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 99-04
AND NEGATIVE DECLARATION:
OWNER:
Thrifty Oil Company, Attn: Vincent Le Pore, 13539 East Foster Road, Santa Fe
Springs, CA 90670
AGENT:
David Rose, 3870 La Sierra Ave., #193, Riverside, CA 92505
LOCATION: 3101 East La Palma Avenue - Arco Service Station. Property is 0.51 acre located
at the northeast corner of Kraemer Boulevard and La Palma Avenue.
Conditional Use Permit No. 4104
- to establish conformity with existing Zoning Code land use
requirements for an existing service station and to convert an existing accessory auto
repair/cashier building into a convenience market with retail sales of beer and wine for off-
premises consumption with waiver of (a) continuation of nonconforming billboards , and (b)
minimum landscaped setback adjacent to an arterial highway.
Determination of Public Convenience or Necessity No. 99-04
- to determine Public
Convenience or Necessity to allow the retail sales of beer and wine for off-premises consumption
within a proposed convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4104 DENIED ( PC99-44) (6 yes votes, 1 absent).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 4, 1999
Denied waivers of code requirement.
Determination of Public Convenience or Necessity No. 99-04 DENIED
( PC99 -45).
Approved Negative Declaration.
Informational item at the meeting of April 6, 1999, Item B2. Letter of appeal submitted by the
Agent, David Rose.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : April 22, 1999
Mailing to property owners within 300 feet : April 15, 1999
Posting of property : April 16, 1999
Greg Hastings, Zoning Division Manager. He briefed the Staff Report to the Planning Commission dated
March 15, 1999 which described the project also giving the reasons for the Planning Commission’s
denial. Since the Planning Commission meeting, the applicant has indicated in writing his willingness to
remove both billboards and to increase the front landscaping as much as possible. The applicant is also
proposing to purchase an existing license in the same census tract.
Mayor Daly. He asked if staff’s recommendation was still the same despite the changes proposed by the
applicant; Mr. Hastings answered, yes.
After question by Council of staff, Mayor Daly opened the Public Hearing and asked first to hear from the
applicant or applicant’s agent.
Applicant’s Statement : Mr. Barry Berkett, Executive Vice President, Thrifty Oil, 1353 E. Foster Road,
Santa Fe Springs, CA . Thrifty has leased the location along with a number of other facilities to ARCO.
As part of the transaction, they agreed jointly to work together to improve the quality of the stations even
acquiring beer and wine licenses. They made numerous modifications – agreed to move billboards and
do a number of things that would be of benefit to the City. They are currently in escrow with regard to a
license in the same census tract. To the extent that the license is a liquor license, that would be
downgraded to a beer and wine license; however, in the event for whatever reason that the license from
the tract were only a beer and wine license, they would acquire another license in the City and
subsequently retire that license. They are assuring the City that the facility would improve or minimize
the availability of alcohol in the City by purchasing a Type 21 license and downgrading it. Mr. Rose will
speak to a number of items. He noted that Condition No. 44 has a number of conditions that prior to
issuance of a building permit, certain conditions need to be met – Conditions 2, 3, 4, 9, 19, 21, 33, 36
and 37 cannot happen prior to the issuance of a building permit.
David Rose, The Regents Group, 3870 La Sierra, Riverside. This is an existing station that Thrifty
operated for a number of years and for the last two years has been operated by ARCO. He submitted a
booklet (see ARCO Convenience Store, 3101 LaPalma Avenue, Anaheim, CA) containing photographs
of the site from different directions including a site plan/existing, site plan/landscaping plan-proposed,
proposed exterior elevation drawaings and elevation/floor plan of the existing service station building.
Existing on the site – 470 sq. ft. of landscaping, two billboards, a pole sign and minimal lighting/security.
Proposed – 2 ,656 sq. ft. of landscaping, no billboards, a monument sign and increased lighting/ secutiry.
The major issue comes down to two things – (1) Purchase of a Beer and Wine License. They are
proposing to purchase a Type 21 license from the existing census tract and downgrading it to a Type 20
which is only for beer and wine. As Mr. Berkett stated, if that does not work, they would buy two licenses,
one in the same census tract, a Type 20, and one outside the census tract, also a Type 20. (2) High
Crime. He briefed the crime statistics in the census tract and surrounding areas wherein he reported that
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less than one-half of 1% of the total calls, or four, were alcohol related. Crime has dropped 80% from
1997-98.
Questions were then posed to Mr. Rose by Mayor Daly and Council Members revolving around
landscaping, planting material, traffic patterns in the area, who the owner is of the vacant property to the
east, etc. During the discussion/questioning, Mr. Rose noted that one of staff’s recommendations was to
close both driveways which is a major concern for their tenant. There are several issues, No. 1 being, if
the driveway on LaPalma is closed, it will cut off one-half of the business for that canopy on LaPalma
and on Kraemer would cut off one-half the access there. It is a huge issue. Perhaps something can be
worked out with staff. ARCO indicates it would be a big problem. Everything but the driveways would be
brought into conformance with City Code at present.
There being no further persons who wished to speak either in favor or in opposition, Mayor Daly closed
the Public Hearing.
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION :
On motion by Council Member
Kring, 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.
MOTION CARRIED.
Council Member Kring then offered a resolution granting the Conditional Use Permit and approving the
Determination of Public Convenience and Necessity ( PC&N).
Before further action was taken, Mayor Daly noted there are a series of conditions recommended by staff
and before voting, they need to know what conditions are to be incorporated. There are also some
changes suggested by the applicant which need to be pinned down. Perhaps staff could tell the Council
which items still need to be addressed or clarified if the project is to go forward.
Greg Hastings. Staff did recommend to the Planning Commission a series of conditions contained in the
staff report (see report of March 15, 1999). There is one condition, No. 16, indicating that the permit
shall expire three years from the date of the resolution, March 15, 2002 which Council may wish to
reconsider. Relative to the billboards, it would be appropriate to deny the waiver rather than imposing a
condition. Perhaps it would be a good idea to get a plan from the applicant eventually to show that those
billboards are removed. On the second waiver, the applicant has indicated that waiver is still necessary
but he has indicated they might be able to add a little more landscaping than what was shown on the plan
to the Planning Commission. He clarified for Council Member Kring there were two waivers requested.
The first is relative to the billboards which the Council may wish to deny. The second waiver would still
be appropriate but the applicant has not indicated how much landscaping he can provide. In terms of the
elevation drawings, what the Council has seen in comparison to the Planning Commission, there is a
condition in the staff report which requires those to go back to the Planning Commission so it should not
be a concern. There is still a condition relative to the two driveways closest to the intersection that the
City Traffic Engineering Office is recommending be closed.
Council Member Feldhaus . There was also an added condition that they would buy an existing liquor
license and change it to a beer and wine license and that they would also purchase another beer and
wine license somewhere else and eliminate it.
City Attorney White. It would be necessary to add those as two additional conditions. His understanding
is the applicant has agreed to purchase Type 21 license within the census tract and convert it to a Type
20 and to purchase a Type 20 outside the census tract.
Mayor Daly. There appears to be support for the project with the modifications suggested by Thrifty.
There are 46 conditions suggested by staff in the event the project is approved. He suggested that they
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work from that list of 46. He believes that a few conditions will be added. The billboard condition should
be crystal clear.
City Attorney White. Relative to removal of the billboards, that does not need to be a condition because
it was one of the waivers requested. If they are not to be retained, then the waiver is not necessary.
Greg Hastings. Relative to the time limit, that is condition No. 16 and staff suggests eliminating that. He
believes the landscape condition can be taken care of since it requires it to go back to the Planning
Comission. It appears the only additional condition would be relative to the alcohol license. With regard
to the landscaping, it is the second waiver , however, there is a condition, No. 2, which requires that the
landscape plan be submitted to the Planning Commission which will take care of that issue. Upon
additional questions posed by the Mayor, Mr. Hastings reported that minimum landscape requirements
have actually been exceeded. It appears the applicant has already accomplished that. One other
correction that needs to be made, on Condition No. 21 it states the trash enclosure at the southeast
corner when it should say, the northeast corner.
City Attorney White asked if it would be possible to ask Mr. Rose once again to explain the proposal on
the purchase of the existing license to be sure it is correct in the condition.
David Rose. At present, the proposal is to buy a Type 21 liquor license and voluntarily downgrade it to a
Type 20. If they are unable to purchase the Type 21, although there are presently in escrow, they would
then propose as an alternative to purchase one license Type 20 in the existing census tract and then
another license somewhere in the City. It is a status quo in the census tract and minus one for the City
as a whole.
City Attorney White. If they purchase a Type 21 and downgrade it to a Type 20, that would meet the
obligation. If they cannot do that, then they would agree to purchase a Type 20, transfer it to this
location and also purchase another Type 20 outside the census tract and extinguish that license; Mr.
Rose acknowledged that was correct.
City Attorney White. That would be an additional condition to be added.
Council Member Kring . She will offer the resolution with the added conditions as articulated ; Greg
Hastings. He suggested she may wish to clarify the intent on Condition No. 19 which requires the
driveways closest to the intersection to be closed.
Council Member Kring . She is for keeping the driveways exactly where they are ; Mayor Daly. The
offering of the resolution should then probably include deletion of Conditions 19 and 20.
Greg Hastings. They may wish to modify Condition 20 that the driveway shall be reconstructed to 10 ‘
radius curb returns rather than the remaining driveways.
John Lower, Traffic and Transportation Manager. If they are going to retain all four driveways, he
recommends making it a smooth turn in for the motorists by going to a 10’ radius. Another option he
would like the Council to consider would be at least to close one driveway, that being the one on
Kraemer closest to LaPalma. That is of most concern relative to congestion and safety. It would be a
right-turn heading north on Kraemer. The congestion issues typically come from the eastbound left
turns.
Discussion and questioning followed on the issue of the driveways between Council Member Kring, staff
and Mr. Rose wherein he (Rose) explained why they needed the existing driveways. Mr. Lower
explained the traffic concerns at this intersection which is graded D in the order A through F for major
intersections, F being the most problematic.
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Mayor Daly. He expressed his concerns relative to the driveway issue asking that they keep in mind this
is a new CUP and this may be the last opportunity the City has to suggest changes to any other aspects
of this corner for some time into the future. At the same time, it doesn’t sound like staff was anticipating
Council might be willing to approve the project with these modifications. This underscores the difficulty
the Council has in being asked to almost referee a planning or design disagreement when the Planning
Commission saw one plan and the Council is seeing a plan modified slightly. When there are a series of
tradeoffs brought forward to the Planning Commission and they change when coming to the Council it
makes staff’s and the Council’s jobs tougher. It would be nice to have all potential issues on the table at
one time with potential solutions.
Council Member Kring . If the project is not approved, four driveways will still be there. If they eliminate
the driveway closest to LaPalma, people will be picking up speed going farther north and then turning in
to that driveway which would cause more of a problem. Keeping the driveway open seems to be an
acceptable situation.
Council Member Feldhaus . He feels the operators of the facility are going to do what they can to move
customers through as easily as they can. If they take out the driveway going north on Kraemer, the
second driveway becomes a “reversal” – vehicles are going to have to go into the second driveway and
drive back south to get to the pumps. Meanwhile the traffic coming in off LaPalma is going to be wanting
to exit that only driveway to go north on Kraemer which will create a traffic problem. That is similar to
the problem existing at the 76 Station at Broadway and Euclid.
Mayor Daly. He asked if he ( Feldhaus) was in favor of keeping all four driveways open or to make sure if
one is closed, that the internal circulation is dealt with; Council Member Feldhaus. He would leave them
open.
Council Member Kring offered Resolution No. 99R-86 for adoption granting Conditional Use Permit No.
4104 and Resolution No. 99R-87 approving the Determination of Public Convenience or Necessity No.
99-04 with the changes to the conditions as articulated and also excluding the waiver for the billboards,
including the landscape waiver, purchase of a Type 21 liquor license and reducing it to Type 20 and if
that doesn’t work out, the applicant will buy a Type 20 license in that census tract and another Type 20
somewhere else in the City and extinguish that license, all four driveways to remain open, deleting
Condition #16, correcting Condition #21 (change southeast to northeast), and Condition 19 relating to the
driveways (already mentioned), and Condition 20 relating to the reconstruction of the driveways to a 10’
radius. Refer to Resolution Book.
RESOLUTION NO. 99R-86 : A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
4104.
RESOLUTION NO. 99R-87 : A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY NO. 99-04.
Before a vote was taken, Mayor Daly stated he believes the project will be an improvement for the
corner and he appreciates the tradeoffs the applicant has been willing to make, removal of the billboards
being particularly important. However, there were details not focused upon including the question of the
property to the east and how it integrates with the corner. Further, the property is in a Redevelopment
area and he would like to see them obtain a better project which he believes is attainable. The City will
live with the design for the next 25 – 30 years and he feels they should be asking for more. He will be
casting a no vote.
Roll Call Vote on Resolution No. 99R-86 and 99R-87 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, McCracken
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NOES: MAYOR/COUNCIL MEMBERS : Daly
TEMP. ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS : Tait
The Mayor declared Resolution No. 99R-86 and 99R-87 duly passed and adopted.
Council Member Tait entered the Council Chamber (8:07 P.M.).
C1. Report on Closed Session Actions ;
City Attorney Jack White stated that there are no actions to report.
COUNCIL COMMENTS:
C2. 114:
Council Member Feldhaus :
He asked that the personnel matter involving City Management again be
agendized for Closed Session at next week’s Council Meeting so that discussion can continue.
ADJOURNMENT: By general Council consent, the City Council adjourned the Council Meeting of May
4, 1999 (8:12 p.m.).
LEONORA N. SOHL
CITY CLERK
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