1999/07/13ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
The City Council of the City of Anaheim met in regular session.
PRESENT: MAYOR : Tom Daly
PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken
ABSENT: COUNCIL MEMBERS : None
PRESENT: CITY MANAGER : Jim Ruth
SR. ASST. CITY ATTORNEY : Cristina Talley
CITY CLERK : Leonora N. Sohl
PLANNING DIRECTOR : Joel Fick
ZONING DIVISION MANAGER : Greg Hastings
EXECUTIVE DIRECTOR COMMUNI TY DEVELOPMENT: Lisa Stipkovich
CODE ENFORCEMENT MANAGER : John Poole
ACTING POLICE CHIEF : Roger Baker
POLICE VICE DETAIL : Russ Sutter
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on
July 9, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing
all items as shown herein.
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:
Public input was received on Item A22 (see discussion under that item). Members of the public
spoke on the Jeffrey-Lynne issue, Item A18, under the Housing Authority Meeting, Item 1.
The following items are to be considered at the Closed Session.
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 PURSUANT TO GOVERNMENT CODE SECTION
3.
54956.9(a) – Existing Litigation:
Name of case :
J.G.D. Company, Inc., vs. City of Anaheim, Orange County Superior Court Case
No. 79-78-04
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
4.
Title:
City Manager.
CONFERENCE WITH LABOR NEGOTIATOR:
5.
Agency Designated Representative :
Dave Hill
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
Employee organization :
AFA Labor Negotiations, IBEW, Local 47.
PUBLIC EMPLOYEE APPOINTMENT:
6.
City Clerk recruitment.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
7.
54956.9(a) - Existing Litigation:
th
Name of case :
Badi Abrahim Gammoh. v. City of Anaheim, 4 DCA
No. G02052.
CONFERENCE WITH REAL PROPERTY NEGOTIATIORS:
8.
Property:
2 .598 acre County-owned parcel
Agency negotiator :
Jim Ruth
Negotiating parties :
City of Anaheim and County of Orange
Under negotiation :
Offer and Agreement to Purchase Real property.
CONFERENCE WITH REAL PROPERTY NEGOTIATIORS:
9.
Property:
8201 E. Santa Ana Canyon Road
Agency negotiator :
Jim Ruth
Negotiating parties :
City of Anaheim and Zain Kadri, M.D., Inc.
Under negotiation :
A Settlement Agreement with Zain Kadri, M.D., Inc., for relocation benefits
relating to loss of tenancy at Anaheim Memorial Medical Plaza.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
10.
54956.9(a) - Existing Litigation:
Name of case :
JWM Family Enterprises, L.P., R&M Food Service, Inc., et al., v. City of
Anaheim, Orange County Superior Court Case No. 80-60-20.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
11.
54956.9(a) - Existing Litigation:
Name of case :
Vasken Tatarian v. City of Anaheim, et al., USDC Case
No. SACV 99- 605AHS ( EEX).
By general consent, the Council recessed into Closed Session.
AFTER RECESS:
Mayor Daly called the regular Council meeting of July 13, 1999 to order at 5:30 p.m. and
welcomed those in attendance.
INVOCATION: Pastor Bryan Crow, from the Garden Church gave the invocation.
FLAG SALUTE:
Mayor Pro Tem Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag.
PRESENTATION BY THE HISTORY CHANNEL – GREAT RACE :
119: Presentation to the City of
Anaheim, named winner of the Great American City Award, an award given to the city with the best
overnight stop during the History Channel Great Race. The event began in Marietta, Georgia on June 6,
1999 featuring 80 teams driving pre-1951 vintage classics to the finish in downtown Anaheim on June
19.
Mr. Joe Honescko, Director, Downtown Anaheim Association first gave the background on the Great
th
Race now in its 17 season and explained that Anaheim was awarded the Great American City Award for
being the best overnight stop during the race from a list of many reknown American cities. He thanked
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
all those involved in making the finish in Anaheim such a great success. He thereupon presented a
plaque to the City from the Great Race Committee which later will be accompanied by a $5,000 award
check to be presented the the Anaheim Public Library by the History Channel/ A&E Television
Mayor Daly, on behalf of the Council and the City, thanked Mr. Honescko and all those involved who
volunteered their time to make the Great Race finish the success that it was.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $3,239,877.70 for the period ending June
28, 1999, $4,880,841.23 for the period ending July 3, 1999 and $3,096,494.43 for the period ending July
12, 1999, in accordance with the 1999-2000 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:45 p.m.)
Mayor Daly reconvened the City Council Meeting. (9:15 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of July 13, 1999. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A27:
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. 99R-145 through 99R-155 , both inclusive, for adoption.
Mayor Daly offered Ordinance No. 5692 for first reading and Ordinance No. 5691 for adoption. Refer to
Resolution/Ordinance Book.
A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions ta ken as recommended:
a. Claim submitted by Denise M. Berg for property damage sustained purportedly due to actions
of the City on or about April 11, 1999.
b. Claim submitted by Alejandro Jaimes, c/o Edward N. Morris, Esq. for property damage
sustained purportedly due to actions of the City on or about February 26, 1998.
c. Claim submitted by Lydia Lytle for property damage sustained purportedly due to actions of
the City on or about March 11, 1999.
d. Claim submitted by Scholastic Book Fairs for property damage sustained purportedly due to
actions of the City on or about December 17, 1998.
e. Claim submitted by David & Tammy Swalley for property damage sustained purportedly due
to actions of the City on or about June 3, 1999.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
f. Claim submitted by Mireya Suarez, c/o Douglas D. Cullins Esq. for bodily injury sustained
purportedly due to actions of the City on or about November 22, 1997.
g. Claim submitted by Andres Cordero. for property damage sustained purportedly due to
actions of the City on or about April 17, 1999.
h. Claim submitted by Raymond & Beverly Ellison for property damage sustained purportedly
due to actions of the City on or about December 21, 1998.
i. Claim submitted by Cynthia Garcia for property damage sustained purportedly due to actions
of the City on or about February 2, 1999.
j. Claim submitted by Bettie L. Nix for property damage sustained purportedly due to actions of
the City on or about May 5, 1999.
k. Claim submitted by Ernest Rodriguez for property damage sustained purportedly due to
actions of the City on or about December 20, 1998.
A2. 105: Receiving and filing minutes of the Private Industry Council meeting held May 27, 1999.
105: Receiving and filling minutes of the Golf Advisory Commission held April 22, 1999.
156: Receiving and filling the Anaheim Police Department Crime and Clearance Analysis for the
month of May, 1999.
105: Receiving and filling minutes of the Budget Advisory Commission held May 26, 1999.
175: Receiving and filling Application No. 99-06-027 filed by Southern California Gas Company
asking the California Public Utilities Commission to report Southern California Gas's supply and
storage operation for “Year Five of its Gas Cost Incentive Mechanism and requests authority to
recover in rates shareholder incentives earned under the program.
175: Receiving and filling Docket Nos. ER98-2550-000 ER98-441-000 Order of Chief Judge
Serving of the United States of America Federal Energy Regulatory Commission held June 16,
1999.
147: Receiving and filling a Notice of Public Hearing of the Orange County Sanitation District
to be held 7/21/99 regarding proposed capital facilities capacity charges to the owner of record.
173: Receiving and filling A Notice of Application filled by Aguilas Del Desierto, LLC, asking the
California Public Utilities Commission to establish and operate a pre-arranged, inter-city
passenger stage service between various cities.
Council Member McCracken . She referred to the notice received of a Public Hearing of the Orange
County Sanitation District to be held on July 21, 1999 at the Sanitation District Offices regarding
proposed Capital Facility Capacity Charges. Notices were sent to owners of record of vacant properties.
Anaheim did a great deal to mitigate some of those charges and look at ways they could be financed
over a perioid of time.
A3. 170: Approving the termination of Subdivision Agreement with Woodcrest Development for
Tract No. 12996 for the shopping center located in the southwest corner of Weir Canyon Road
and Serrano Avenue.
A4. 176: RESOLUTION NO. 99R- 145 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 that certain easement for
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
drainage and public utility purposes located south of Clifton Avenue and extending easterly from
Anaheim Boulevard (Abandonment No. 99-19A) (Suggested public hearing date: August 10,
1999).
A5. 123: Approving a settlement Agreement for the loss of goodwill at the 7-Eleven lo cated at 611
West Katella Avenue (R/W 5180-17) – Katella Avenue Smart Street Improvement Project ;
authorizing the Mayor and City Clerk to execute the Agreement; authorizing the acquisition
payment of $354,380 to 7-Eleven, Inc. f/k/a The Southland Corporation, Herb D. Domeno and
Pearl M. Domeno.
Council Member Tait . His engineering firm has done some work for Southland Corporation and he will,
therefore, be abstaining from any discussion or vote on this matter due to a potential conflict.
A6. 123: Appro ving a Fourth Amendment to Agreement with Kleinfelder, Inc., for testing, inspection,
and consulting services, and to amend the compensation rates for various capital improvement
projects. The Fourth Amendment also extends the agreement for one year with three additional
one-year options.
A7. 123: Approving an Agreement with Schirmer Engineering Corporation, in the amount of
$152,000 to provide smoke control special inspection services in the new expansion area of the
Anaheim Convention Center (enhancement project).
A8. 158: RESOLUTION NO. 99R- 146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to
the City.
A9. 160: Accepting the low bid of Spectra Company, in an amount not to exceed $34,646 for the
painting of the Anaheim Ballet Facility, in accordance with Bid #5950.
A10. 160: Accepting the low bid of TFS, Inc., DBA Interservice, in the amount of $49,857.81 BKM
Total Office, in the amount of $30,305.50, and McMahan Business Interiors, in the amount of
$2,327.40 for furniture for the East Anaheim Police Sub-Station, in accordance with Bid #5962.
A11. 152: RESOLUTION NO. 99R- 147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing Hinderliter de Llamas and Associates to examine sales and use tax
records for the City of Anaheim.
A12. 113: RESOLUTION NO. 99R- 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the destruction of certain City records more than two years old.
(Finance Department.)
A13. 113: RESOLUTION NO. 99R- 149 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the Records Retention Schedule for the City Attorney’s
Department.
113: RESOLUTION NO. 99R- 150 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving revision to the Records Retention Schedule for the City Clerk’s
Department.
A14. 179: ORDINANCE NO. 5691 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM exempting certain Conditional Use Permit applications from the provisions of
Ordinance No. 5677 .( Brookhurst Commercial Corridor, to allow pawn shop). (Introduced at the
meeting of June 22, 1999, Item A29.)
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
A15. 113: RESOLUTION NO. 99R- 151 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old.
(Community Services Department – Library Services Division.)
A16. 123: Approving Agreements with the Centralia, Magnolia, and Anaheim City School Districts to
provide Park Ranger patrols of school facilities.
A17. 123: Approving an Amendment to Agreement with APS Affiliates to allow the City Librarian to
determine placement and inventory of equipment such as personal computers for public use;
and black & white and color copiers; fax machines for public use; a debit card machine and a
vending machine.
A18. 123: Approving a Cooperation Agreement with the Anaheim Redevelopment Agency and
Anaheim Housing Authority regarding the Jeffrey-Lynne Neighborhood Revitalization Plan.
(Continued from the meeting of June 15, 1999, Item A29.)
See minutes of the Anaheim Housing Authority today’s date (July 13, 1999), Item 1., where extensive
discussion and input took place regarding the Jeffrey-Lynne Neighborhood Revitalization Plan which was
ultimately approved. Subsequently, the Council acted on this item (Item A18.) as follows:
Lisa Stipkovich . Relative to Council action, the staff report submitted had three action items: (1)
approving the Cooperation Agreement, (2) finding the Negative Declaration adopted by the Authority to
be adequate and, (3) modifying the no-parking program (reinstate on-site parking for tenants on one side
of the streets).
Council Member Kring asked that the action relative to the no-parking modification be a separate motion.
MOTION. Mayor Daly moved to approve a Cooperation Agreement with the Anaheim Redevelopment
Agency and Anaheim Housing Authority regarding the Jeffrey-Lynne Neighborhood Revitalization Plan
(excluding the parking modification). Council Member McCracken seconded the motion. Council
Members Kring and Tait voted No. MOTION CARRIED.
MOTION. Mayor Daly moved to approved the modification to the no-parking plan for the Jeffrey-Lynne
area allowing reinstatement of on-site parking for tenants on one side of the streets as outlined in the
staff report dated July 13, 1999. Council Member McCracken seconded the motion. Council Member
Tait voted No. MOTION CARRIED.
A19. 123: Approving the Fourth Amendment to Agreement with E. Del Smith and Company, Inc.,
extending Washington D. C. representation services from August 1, 1999 through July 31, 2000.
A20. 144: RESOLUTION NO. 99R- 152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM waiving Notice of Donated Space Agreement by the County of Orange of certain
property located at 2360 West La Palma Avenue.
A21. 144: RESOLUTION NO. 99R- 153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM waiving Notice of Donated Space Agreement by the County of Orange of certain
property located at 1240 South State College Boulevard.
A22. 153: RESOLUTION NO. 99R- 154 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM providing for additional temporary partially paid military leave of absence
and continuation of benefits for City Employees called to active duty with the Armed Forces of
the United States. (Continued from the meeting of June 15, 1999, Item A30 and the meeting of
June 22, 1999, item A22).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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153: Authorizing the maintenance of group medical, dental, life insurance, and psychological
assistance benefits.
Mr. Don Baldwin, 628 N. West Street, Anaheim. He first gave his background (especially his military
background/experience), and an outspoken advocate for Veterans and Veteran’s issues. He is present
today authorized by American Legion Post 72 to speak on its behalf. Some of the Council Members
know that he was the initiator of the Veterans Memorial recently approved and to be built across the
street from City Hall. Relative to the proposed resolution to continue employee benefits for those City
employees called up for active duty in the Kosovo crisis, although it may be well founded and well
intentioned, it is the Post’s opinion it is ill advised. The people being called up are volunteers. While
they may be called involuntarily, they have volunteered to be in the active reserve and receive all
military benefits. (He briefed the benefits received.) He emphasized, the bottom line is they are
volunteers subject to call at any time the nation feels they are needed and, in exchange, receive solid
benefits. The recommended action sets a bad precedent and he is urging, on behalf of the veterans he
represents, a no vote on this matter.
Council Member Feldhaus . Mr.Baldwin has illustrated the feelings he has on the use of public tax dollars
for people who are volunteers. He ( Feldhaus) is not anti-military having served 12 years in the Marine
Corps. He reiterated, he does not feel it is an appropriate use of taxpayer dollars to support people who
are volunteers.
Dave Hill, Human Resources Director addressed the issue at the request of the Mayor. In doing so, he
reported that the State of California has adopted the supplemental pay provision for all State employees
but have elected not to impose that on subdivisions of the State (the cities). It is up to each local
government to do so and Anaheim adopted the benefit during the Gulf War and the reason for bringing
this item forward for Council consideration tonight.
Extensive Council discussion and questioning followed wherein Mr. Hill reported that the employee
involved (a Customer Service Representative) is paid $3,100 a month. The military estimated pay with
all benefits is about $2,300 gross per month only while the person is on active duty. The proposal is to
pay the difference and allow the employee to stay in the City’s health plan for the two months he is on
active duty otherwise his family would have to go to a military medical facility outside of the area.
Council Member Kring . It seems to her to be a small amount for someone risking their life for their
country; Council Member Feldhaus countered, it is not the amount of dollars but the
philosophy/precedent involved.
Mayor Daly. He feels the employee has made a conscious decision to receive benefits over a period of
time in exchange for a lower wage at other periods. There is a precedent involved whether for one,
three , five or however many employees. He would suggest striking a compromise in allowing the
benefits to continue but not the wage.
After additional Council discussion and debate on the issue, Council Member Kring moved to approve
the proposal as recommended by staff including salary and benefits. Council Member Tait seconded the
motion.
Before a vote was taken on the motion it was determined after a brief discussion that the actions could
be covered with one vote by adopting the resolution since it includes both the salary and benefit issues.
Council Member Kring offered Resolution No. 99R-154 for adoption as recommended by staff (including
wages and continuation of benefits). Refer to resolution book.
RESOLUTION NO. 99R- 154 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR ADDITIONAL
TEMPORARY PARTIALLY PAID MILITARY LEAVE OF ABSENCE AND
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
CONTINUATION OF BENEFITS FOR CITY EMPLOYEES CALLED TO
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES.
(CONTINUED FROM THE MEETING OF JUNE 15, 1999, ITEM A30 AND
THE MEETING OF JUNE 22, 1999, ITEM A22).
Roll Call Vote on Resolution No. 99R-154 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, McCracken
NOES: MAYOR/COUNCIL MEMBERS : Tait, Daly
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 99R-154 duly passed and adopted.
A23. 123: Approving an Agreeme nt with County of Orange for gang suppression services in a
maximum amount not to exceed $90,000; and authorizing the Acting Chief of Police to execute
the Agreement and make any adjustment in the allocation of funds within the Agreement.
Council Member Feldhaus . He is not against this program but he has not seen a cost justification or a
results assessment to justify the continuation of a $90,000 expenditure; Acting Police Chief, Roger Baker
explained the program, one that the City has with the County. It supplies a separate Probation Officer
who works exclusively with the Gang Detail. That Probation Officer has become an integral part of the
Detail. The Police Department can supply figures showing over the years the justification for these
services. He also clarified for Council Member Feldhaus that Forfeiture Funds are depleting but if they
decided to continue with the program, he would be looking for General Fund monies to provide the
Probation Officer or go back to the County and have them do so.
Council Member Feldhaus asked to be provided with the data as requested.
A24. 156: Accepting a grant in the amount of $105,085 from the Office of Criminal Justice Planning
for the Juvenile Accountability Incentive Block Grants ( JAIBG) Program, and authorizing the
Acting Chief of Police to execute all required grant documents ; and amending the Police
Department 1999/00 budget by increasing revenues and expenditures in the amount of
$105,085.
A25. 175: RESOLUTION NO. 99R- 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing submittal of an application for a Safe Drinking Water State Revolving
Fund Loan Program from the California Department of Health Services, designating the Public
Utilities General Manager as the City’s representative; and authorizing the Public Utilities
General Manager to execute and submit the application and related documents and to take any
and all actions necessary to complete the application process.
A26. 126: ORDINANCE NO. 5692 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding a new Section 1.04.998 to Chapter 1.04 of Title 1 of the Anaheim Municipal
Code establishing the Anaheim Resort Maintenance District Advisory Board.
A27. 114: Approving minutes of the Anaheim City Council meet ing held June 8, 1999, and the
Special Meeting of June 8, 1999.
Roll Call Vote on Resolution Nos. 99R-145 through 99R-153, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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The Mayor declared Resolution Nos. 99R-145 through 99R-153, both inclusive, duly passed and
adopted.
Roll Call Vote on Resolution No. 99R-155 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-155 duly passed and adopted.
Roll Call Vote on Ordinance No. 5691 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Ordinance No. 5691 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEMS B1 – B14 FROM THE PLANNING COMMISSION MEETING OF
JUNE 21, 1999 - INFORMATION ONLY
APPEAL PERIOD ENDS JULY 13, 1999:
GENERAL PLAN AMENDMENT NO. 364
B1. 134:
ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, AMENDMENT NO. 3
AND MITIGATED NEGATIVE DECLARATION:
INITIATED BY:
City of Anaheim (Planning Department), 200 S. Anaheim Boulevard, Anaheim,
CA 92805
LOCATION: 1175 - 1193 Casa Grande Avenue - Best Western Pavillions Motel.
Property
is 0.73-acre (4 parcels) located at the northwest corner of Casa Grande Avenue and Casa Vista
Street.
Planning Commission-initiated request to consider the following: (a ) An amendment to the Land
Use Element of the City of Anaheim General Plan to redesignate the subject property from the
existing "Medium Density Residential" to the "Commercial Recreation" land use designation;
and, (b) An amendment to the Anaheim Resort Specific Plan No. 92-2 incorporating and
reclassifying the subject property from the RM-1200 (Residential, Multiple-Family) Zone to the
SP92-2 (Anaheim Resort Specific Plan No. 92-2) Zone, and to amend the Specific Plan text,
exhibits and Zoning and Development Standards (Chapter 18.48 of the Anaheim Municipal
Code) to reflect said reclassification.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of Exhibit A to City Council for GPA 364
( PC99-108) (6 yes votes, 1 absent).
Recommended approval of Anaheim Resort Specific Plan No. 92-2, Amendment No. 3. ( PC99-
109)
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Approved Mitigated Negative Declaration and associated Mitigation Monitoring Program No.
0108.
This item was previously set for a public hearing on 7/27/99 due to the General Plan Amendment.
CONDITIONAL USE PERMIT NO. 4116 AND NEGATIVE DECLARATION:
B2. 179:
OWNER:
American National Properties Inc., P.O. Box 10077 , Santa Ana, CA 92711-0077
AGENT:
Jeff Jonsson, 23120 Alicia Pkwy ., Mission Viejo, CA 92692
LOCATION: 1516 West Embassy Street.
Property is 5.8 acres at the terminus of Embassy
Street.
To establish a rental/leasing facility, and outdoor storage for approximately 100 tractor trailers.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN
CONDITIONAL USE PERMIT NO. 4121 AND NEGATIVE DECLARATION:
B3. 179:
OWNER:
Landrey Properties, LLP, P.O. Box 1306, Santa Monica, CA 90406
AGENT:
Paul Kott, 1225 West Lincoln Avenue, Anaheim, CA 92805
LOCATION: 2861 East Miraloma Avenue - California Auto Dealers Exchange. Property is 4.65
acres located at the north side of Miraloma Avenue, 980 feet west of the centerline of Red Gum
Street.
To permit and retain an existing automobile storage facility with a modular office unit.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4121 GRANTED to expire 1/31/2003 ( PC99-110)
(6 yes votes, 1 absent).
Approved Negative Declaration
CONDITIONAL USE PERMIT NO. 4127
B4. 179:
CATEGORICALLY EXEMPT- CLASS 1:
OWNER:
SBD Group, Inc. 505 South Villa Real, Suite 100, Anaheim, CA 92807
AGENT:
Yuji E. Naito, 505 S. Villa Real, Suite 100, Anaheim, CA 92807
LOCATION: 505 South Villa Real Drive - Vista Nohl Plaza.
Property is 2.6 acres located at
the southwest corner of Nohl Ranch Road and Villa Real Drive.
To permit the subdivision of existing floor area in a commercial and office center to create 9
additional tenant spaces, for a total of 35 tenant spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4127 GRANTED ( PC99-111) (6 yes votes, 1 absent)
CONDITIONAL USE PERMIT NO. 4129, AND NEGATIVE DECLARATION:
B5. 179:
OWNER:
The Cifford Companies, Attn: Loren Brucker, 1451 Quail Street, #210, Newport
Beach, CA 92660
AGENT:
Pacific Design Directions, 8 Corporate Park, #200, Irvine, CA 92606
LOCATION: 8030 East Crystal Drive. – Building K
Property is 21.62 acres located on the
west side of Pullman Street, 38 feet west of the centerline of Crystal Drive.
To permit a retail and wholesale flooring company within an industrial complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4129 GRANTED ( PC99-112) (6 yes, 1 absent)
Approved Negative Declaration
VARIANCE NO. 4363, INCREASE IN FLOOR AREA RATIO
B6. 179:
ENVIRONMENTAL IMPACT REPORT NO. 321:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
OWNER:
Stadium View Anaheim, LP, 145 Commerce Way, Unit B, Walnut, CA 91789
AGENT:
Bruce Ayres, 355 Bristol Street, Suite A, Costa Mesa, CA 92626
LOCATION: 2560 East Katella Avenue.
Property is 2.04 acres located at the southwest
corner of Katella Avenue and Douglass Road.
To increase the permitted Floor Area Ratio for the subject property from 0.45 to 0.91 with waiver
of (a) minimum parking lot landscaping (deleted) and (b) minimum landscape setback adjacent
to the SR-57 (Orange) Freeway, to construct a 4-story, 140-room hotel with pool, meeting and
breakfast areas.
ACTION TAKEN BY THE PLANNING COMMISSION:
VARIANCE NO. 4363 GRANTED, IN PART, Denying waiver (a) and granting waiver (b) ( PC99-
113) (6 yes, 1 absent)
APPROVED the INCREASE IN FLOOR AREA RATIO from 0.45 to 0.91 for this specific
development proposal on this building site located in the Arrowhead Pond District of the
Anaheim Stadium Area Master Land Use Plan.
EIR NO. 321 Previously-certified
A review of the Planning Commission’s decision was requested by Mayor Daly and Council Member
Kring, and therefore, a Public Hearing will be scheduled at a later date.
WAIVER OF CODE REQUIREMENT
B7. 179:
CONDITIONAL USE PERMIT NO. 3230 AND NEGATIVE DECLARATION:
OWNER:
Chung- Chia Chen, 11455 Culebra Street, Cypress, CA 90630
AGENT:
Dr. America F. Chouinard, 51 Elderwood, Aliso Viejo , CA 92656
LOCATION: 2111 East Lincoln Avenue.
Property is 0.13 acre located on the north side of
Lincoln Avenue, 112 feet west of the centerline of Olana Way.
To permit a medical office in a converted residential structure previously approved for office use
with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3230 APPROVED, ( PC99-114) (6 yes, 1 absent)
Approved waiver of code requirement.
Approved Negative Declaration.
The decision of the Planning Commission was appealed by the applicant and, therefore, a Public
Hearing will be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 2992 AND NEGATIVE DECLARATION:
B8. 179:
OWNER:
Leonard & Cyndie Chaidez, 10081 Highcliffe, Santa Ana, CA 92705
LOCATION: 507 South Lemon Street.
Property is 0.56 acre located at the southwest corner of
Santa Ana Street and Lemon Street.
To consider reinstatement of this permit which currently contains a time limitation (approved on
March 16, 1998 until January 22, 1999) to retain a tree service contractor’s yard.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2992 DENIED ( PC99-115) (6 yes, 1 absent)
Denied Negative Declaration.
The decision of the Planning Commission was appealed by the Applicant and, therefore a Public Hearing
will be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 3239 AND NEGATIVE DECLARATION:
B9. 179:
OWNER:
Parr-Bohn Carmenita Ltd., 721 Santa Monica Blvd., Santa Monica, CA 90401-2685
AGENT:
Novak & Associates, 132 N. Maryland Avenue, Glendale, CA 91206-4235
LOCATION: 3475 East La Palma Avenue - Angler’s Maine.
Property is 1.24 acres located
at the northwest corner of La Palma Avenue and Grove Street.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
To amend or delete conditions of approval to permit the outdoor display of three (3) boats in the
existing parking lot area.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3239 APPROVED amendment to conditions of approval ( PC99-116)
(6 yes, 1 absent)
Negative Declaration previously approved.
VARIANCE NO. 4361 AND CATEGORICAL EXEMPTION - CLASS 11
B10. 179 :
OWNER:
AL Cemetery, Attn: Bruce Lazenby, 3888 S. Workman Mill Road, Whittier, CA 90601
AGENT:
Dennis Stout, 871 N. Maplewood Street, Orange, CA 92867
LOCATION: 2303 South Manchester Avenue - Melrose Abbey.
Property is 18.82 acres
located on the west side of Manchester Avenue, 225 to 450 feet south of the centerline of
Orangewood Avenue.
Waiver of permitted signs in residential zones, to construct a 45-foot high freestanding freeway-
oriented double-sided pole sign within the RS-A-43 ,000 Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
VARIANCE NO. 4361 APPROVED ( PC99-117) (6 yes, 1 absent)
A review of the Planning Commission’s decision was requested by Council Member McCracken and
Mayor Daly, and therefore, a Public Hearing will be scheduled at a later date.
CONDITIONAL USE PERMIT NO. 4125
B11. 179:
WAIVER OF CODE REQUIREMENT, AND NEGATIVE DECLARATION:
OWNER:
California Drive-In Theaters, 120 N. Robertson, Los Angeles, CA 90048
AGENT:
Howard CDM, Attn: Steve Phillips and Denise Scribner, 2161 Gundry Avenue, Signal
Hill, CA 90806
LOCATION: 2150 South State College Boulevard - former Orange Drive-In Theater and
Swap Meet.
Property is 8.48 acres located on the east side of State College Boulevard, 280
feet south of the centerline of Orangewood Avenue.
To establish an outdoor swap meet facility with waiver of required parking lot landscaping.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4125 GRANTED for two years, to expire 6/21/2001 ( PC99-118)
(5 yes votes, 1 no vote, and 1 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 3032
B12. 179:
CEQA NEGATIVE DECLARATION
OWNER:
The Garden Church, Attn: Rev. Bryan Crow, 8712 E. Santa Ana Canyon Rd.,
Anaheim, CA 92808
AGENT:
Horst Schor, 626 N. Pioneer Drive, Anaheim, CA 92805
LOCATION 8712 East Santa Ana Canyon Road - The Garden Church.
: Property is 65.81
acres located on the south side of Santa Ana Canyon Road, 3,759 feet west of the centerline of
Gypsum Canyon Road.
To consider reinstatement of a conditional use permit which has a time limitation (approved on
June 6, 1988, to expire on May 16, 1999) to retain a semi-enclosed “Garden Church”.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3032 APPROVED ( PC99-119) ( 4yes, 2 absent, 1 abstained)
Negative Declaration previously approved.
REPORTS AND RECOMMENDATIONS
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
CONDITIONAL USE PERMIT NO. 1731 - REQUEST DETERMINATION OF
B13. 179:
SUBSTANTIAL CONFORMANCE, AND NEGATIVE DECLARATION :
Southwest Strategies,
Attn: Larry Lazar and Andrea Brown, P.O. Box 53311, Irvine, CA 92619, request a determination
of substantial conformance to re-open a former bar area for use as a coffee and cappuccino area.
Property is located at 408 South Brookhurst Street - La Langosta Mexican Restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 1731 determined to be in substantial conformance with the original approval.
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 3966 - REQUEST FOR REVIEW AND APPROVAL OF
B14. 179:
FINAL ELEVATION, SIGNAGE AND LANDSCAPE PLANS NEGATIVE DECLARATION :
Mark
Scheuerman, 105 South State College Boulevard, Anaheim, CA 92806, requests review and
approval of elevation, signage and landscape plans. Property is located at 105 South State
College Boulevard - Insta-Tune.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3966 APPROVED final plans except freestanding signage.
Negative Declaration previously approved.
ORDINANCES FOR ADOPTION:
B15. 126: ORDINANCE N O. 5689 . (ADOPTION) AMENDING ORDINANCE NOS. 5377 AND
5378 AS PREVIOUSLY AMENDED, RELATING TO THE DISNEYLAND RESORT SPECIFIC
PLAN NO. 92-01, AMENDMENT NO. 4 (CHAPTER 18.78 OF THE ANAHEIM MUNICIPAL
CODE). (INTRODUCED AT THE MEETING OF JUNE 22, 1999, ITEM D2.) (POINTE*
ANAHEIM)
126: ORDINANCE NO. 5690 (ADOPTION) ( i) APPROVING DEVELOPMENT
AGREEMENT NO. 99-01 BY AND BETWEEN THE CITY OF ANAHEIM AND POINTE*
ANAHEIM LLC, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii)
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF
THE CITY. (Introduced at the meeting of June 22, 1999, item D2.)
City Clerk Sohl . She has given letters to the Council from Nossaman, Guthner, Knox & Elliott (Pointe
Anaheim L.L.C.) and letter dated July 13, 1999 from Latham & Watkins (Walt Disney World Co.) and
revised pages 15 through 31 of the ordinance ( Ord. 5689). The City Attorney would like to clarify the
matter for the Council.
Cristina Talley , Assistant City Attorney. There were certain typographical and other clerical errors with
respect to the ordinances and in one case with the Development Agreement. Those have been
modified. The request from Latham & Watkins on behalf of Disney is to make a substantive change.
That change has not been made since it would be substantive.
Mayor Daly asked if the City Attorney’s Office is comfortable with the existing language; Mrs. Talley
answered, yes. She further clarified that it is their position that the agreement has been fully negotiated
and continue to recommend it in its present form.
Mayor Daly offered Ordinance Nos. 5689 and 5690 for adoption. Refer to Ordinance Book.
Roll Call Vote on Ordinance No. 5689 and 5690 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
The Mayor declared Ordinance Nos. 5689 and 5690 duly passed and adopted.
REQUEST FOR REHEARING:
B16.
CONDITIONAL USE PERMIT NO. 4112, AND NEGATIVE DECLARATION:
179:
OWNER:
Living Stream dba Anaheim Palms Corporate Center, 2431 West La Palma Avenue,
CA 92801
AGENT:
Larry A. Wilde, 1900 West Ball Road, Anaheim, CA 92804
LOCATION: 2411 West La Palma Avenue. Property is 27.9 acres located at the northwest
corner of La Palma Avenue and Gilbert Street.
To permit a private school within an existing industrial/office complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4112 GRANTED ( PC99-75) (6 yes votes, 1 vacancy).
Approved Negative Declaration.
Informational item at the meeting of May 18, 1999, Item B10.
Set for public hearing by Mayor Daly and Mayor Pro Tem McCracken.
At the meeting of June 15, 1999 item D5, the Anaheim City Council Denied CUP No. 4112 (99R-
132).
Request for rehearing submitted by Larry Wilde, Acaciawood School.
Mayor Daly. New paperwork has been submitted by the applicant. He asked to hear from the Council.
MOTION. Council Member Tait moved to grant the request for rehearing. Council Member Kring
seconded the motion.
Before a vote was taken, Council Member Kring stated it was very late when the applicant presented his
proposal (see minutes of June 15, 1999, Item D5.). She would like to give another opportunity for him to
present the matter and to discuss the additional information presented.
A vote was then taken on the foregoing motion approving the request for a rehearing. Council Member
McCracken and Mayor Daly voted no. MOTION CARRIED.
ITEMS B17 – B20 FROM THE PLANNING COMMISSION MEETING OF
JULY 7, 1999 - INFORMATION ONLY
APPEAL PERIOD ENDS JULY 16, 1999:
TENTATIVE TRACT MAP NO. 15837
B17. 179:
VARIANCE NO. 4364, AND MITIGATED NEGATIVE DECLARATION:
OWNER:
Mark Chapin Johnson, Trustee, P.O. Box 17729, Anaheim , Ca 92817
AGENT:
Hunsaker & Associates Irvine, Inc., Attn: Ted D. Frattone, 3 Hughes, Irvine, Ca 92618
LOCATION: 195 South Heath Terrace. Property is 7.0 acres located on the south side of Heath
Terrace, 331 feet south of the centerline of Rio Grande Drive.
With waiver of (a) minimum lot width (deleted) and (b) minimum private accessway
requirements, to establish an 8 lot (6 numbered and 2 lettered) six-unit single-family residential
subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 15837 APPROVED.
Variance No. 4364 GRANTED, IN PART denying waiver (a), and approving waiver (b) ( PC99-
124) (6 yes votes, 1 absent.)
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
Approved Mitigated Negative Declaration.
COUNTY OF ORANGE SOCIAL SERVICES AGENCY - REQUEST TO DETERMINE
B18. 144:
CONFORMANCE WITH THE GENERAL PLAN TO ENTER INTO A DONATED SPACE
AGREEMENT FOR OFFICE SPACE :
Paul Douglas Jr., County of Orange Social Services
Agency, 888 North main Street, Santa Ana, CA 92701, requests a determination of substantial
conformance with the Anaheim General Plan to enter into a donated space agreement for office
space ( CalWORKS Welfare-to-Work Program). Property is located at 1240 South State College
Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in conformance with the Anaheim General Plan
(6 yes votes, 1 absent).
COUNTY OF ORANGE COMMUNITY SERVICES AGENCY - REQUEST TO
B19. 144:
DETERMINE CONFORMANCE WITH THE GENERAL PLAN TO ENTER INTO A DONATED
SPACE AGREEMENT :
Bill De Luca, County of Orange, Community Services Agency, 1300
South Grand Avenue, Bldg. B, Santa Ana, CA 92705, requests a determination of substantial
conformance with the Anaheim General Plan to enter into a donated space agreement (Job
Training Partnership Program ( JTPA)). Property is located at 2360 West La Palma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in conformance with the Anaheim General Plan
(6 yes votes, 1 absent).
ENVIRONMENTAL IMPACT REPORT NO. 313, AND REQUEST FOR FINAL SITE PLAN
B20. 179:
REVIEW NO. 95-03, REVISION NO. 1 :
Stephen Hsu, 515 West Katella Avenue, Anaheim, Ca
92802 and Sylvia E. Lyons, 53 Hunter Point Road, Phillips Ranch, CA 91766-4959, request for
review and approval of a revised landscape plan. Property is located at 515 West Katella
Avenue (Four Points Sheraton).
ACTION TAKEN BY THE PLANNING COMMISSION:
Final Site Plan Review No. 95-03 APPROVED (6 yes votes, 1 absent).
EIR NO. 313 previously approved.
END OF THE PLANNING COMMISSION ITEMS FROM THE MEETING OF 7/7/99.
ADDENDUM TO ANAHEIM CITY COUNCIL AGENDA OF JULY 13, 1999
ITEM B21 FROM THE ZONING ADMINISTRATOR MEETING OF
JULY 1, 1999 - DECISION DATE: JULY 8, 1999
INFORMATION ONLY - APPEAL PERIOD ENDS JULY 19, 1999:
TENTATIVE PARCEL MAP NO. 98-248
B21. 170:
CEQA EXEMPT {SECTION 15315} CLASS 15:
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
OWNER: CAFIG, INC., A Delaware Corporation, 5875 Landerbrook Drive, #250, Mayfield
Heights, Ohio 44124
AGENT: Juergen Milczewsky, 3040 Saturn, Suite 201, Brea, CA 92821
LOCATION: 1001 East Ball Road. Property is 10.9 acres located at the northwest corner of Ball
Road and East Street.
To establish a 2-lot industrial subdivision on an ML zoned property.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative parcel Map No. 98-248 APPROVED ( ZA DECISION NO. 98-21).
END OF THE ZONING ADMINISTRATOR ITEMS FROM THE MEETING OF 7/1/99.
REHEARING - WAIVER OF CODE REQUIREMENT
D4. 179:
CONDITIONAL USE PERMIT NO. 4075, AND NEGATIVE DECLARATION:
OWNER:
Raymond Runo Trust, Norma Hillman, Dan Neyenhuis, Lillian Runo, 1120 Kenwood
Place, Fullerton, CA 92831
AGENT:
David Jackson, 100 S. Anaheim Blvd., #125, Anaheim, CA 92805
LOCATION: 1575 West Mable Street - Fairmont Private School. Property is 0.89 acre located
on the north side of Mable Street, 270 feet east of the centerline of Loara Street.
To permit the conversion of an existing 14,775 square foot industrial building into a private
elementary and junior high school addition to the existing Fairmont Private School with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4075 GRANTED for 20 years, to expire March 1, 2019
( PC99-35) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of March 23, 1999, Item B2.
Letter of appeal submitted by Bryan Industrial Properties, Inc. Public hearing continued from the
meeting of April 27, 1999, Item D1.
At the public hearing held May 11, 1999, Item D1, the Anaheim City Council GRANTED CUP
NO. 4075 (Resolution No. 99R-91).
At the meeting of June 8, 1999, Item B4, the Anaheim City Council granted a request for a
rehearing submitted by Bryan Industrial Properties.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : July 1, 1999
Mailing to property owners within 300 feet : June 28, 1999
Posting of property : July 1, 1999
Mayor Daly. A letter has been received dated July 8, 1999 from David Jackson, Executive Director,
Fairmont Private Schools requesting a continuance of the Public Hearing. He asked if staff was
comfortable with that request; Joel Fick, Planning Director answered, yes.
MOTION. Mayor Daly moved to continue the subject Public Hearing to August 10, 1999 as requested.
Council Member McCracken seconded the motion. MOTION CARRIED.
PUBLIC HEARING – CENTURY CABLE TELEVISION – TRANSFER
D1. 130:
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
To consider an Ordinance of the City of Anaheim consenting to the Transfer of a Franchise for
Cable Television. At the meeting of June 22, 1999 the City Council adopted Resolution 99R-138
declaring its intention to approve the transfer of a cable television franchise from Century Valley
Cable Corp. and Century Communications Corp. to Century- TCI California, L.P. and ordering a
hearing thereon.
ORDINANCE NO. 5693 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
consenting to the Transfer of a Franchise for Cable Television.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : July 1, 1999
Mailing to property owners within 300 feet : July 1, 1999
Posting of property : July 2, 1999
Kristine Thalman, Government Relations Manager, briefed report dated July 13, 1999 recommending
approval of the subject request.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there was
no response.
Mayor Daly closed the Public Hearing and offered Ordinance No. 5693 for Introduction.
ORDINANCE NO. 5693 (INTRODUCTION ) AN ORDINANCE OF THE CITY OF ANAHEIM
CONSENTING TO THE TRANSFER OF A FRANCHISE FOR CABLE TELEVISION.
PUBLIC HEARING- CONDITIONAL USE PERMIT NO. 2231,
D2. 179:
CATEGORICALLY EXEMPTION-CLASS 21:
INITIATED:
City-initiated (Code Enforcement Division and Police Department), 200 South
Anaheim Boulevard, Anaheim, CA 92805
OWNER:
American SK Trading Company, Inc., 831 South Beach Boulevard, Anaheim, CA
92804
LOCATION: 831 South Beach Boulevard - Rainbow Inn. Property is 0.65 acre located on the
west side of Beach Boulevard, 830 feet north of the centerline of Ball Road.
City-initiated (Code Enforcement Division and Police Department) request to consider revocation
or modification of Conditional Use Permit No. 2231 which permits a 41-unit, 2-story motel.
ACTION TAKEN BY THE PLANNING COMMISSION:
Modified CUP NO. 2231 for six months – 11/8/99 ( PC99-72)
(6 yes votes, 1 vacancy).
Informational item at the meeting of May 18, 1999, Item B7. Letter of appeal submitted by Law
Offices of Robert W. Snyder.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : July 1, 1999
Mailing to property owners within 300 feet : June 28, 1999
Posting of property : July 1, 1999
Joel Fick, Planning Director summarized the City-initiated request (see Staff Report to the Planning
Commission dated May 10, 1999). Staff is in agreement with the Planning Commission conditions which
were appealed by the applicant to deal with one modification having to do with the timing of the Security
Guard coverage. The Police Department and Planning are in agreement with the request. This item will
be coming back in the future for a hearing in any case.
Mayor Daly asked what type of action is necessary to accommodate the change.
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
Staff answered, it would require a modification to condition No. 1 that deals with the hours of the on-site
security guard in accordance with the letter submitted by the applicant. Which has been reviewed with
Code Enforcement and Police Department and all are in agreement.
Mayor Daly opened the Public Hearing.
Mr. Steven Wozney , 818 S. Haywood , Anaheim, directly behind the Rainbow Inn Motel. His problems
started the day they began building the motel. There is no relief from the stuff he is getting in his back
yard. He has four children and 11 grandchildren but he doesn’t go into his back yard because of the
pine-cone missiles, bottles, cans, plastic jugs with sand, etc. thrown onto his property. All he is asking is
that they put a stop to this activity. There is supposed to be a 20’ setback for maintenance and
gardening. He feels the motel does not know what those two words mean. He is not the only one that is
affected. Two widows live on either side of him and they are always scared. It is time to address the
issue. They are looking for peace of mind. He is speaking for himself and all his neighbors.
Judith Ann Gollette, representing WAND. The Council has received a letter dated July 12, 1999 written
by Esther Wallace, Chairman of WAND. She read the first paragraph – “The West Anaheim
Neighborhood Development Council (WAND) supports the Planning Department in reviewing the
Conditional Use Permit No. 2231 for the Rainbow Motel to bring it into full compliance or terminate the
permit.”
Mayor Daly closed the Public Hearing.
Council Member Kring asked if the debris and noise is directly attributable to the motel; Joel Fick .
Members of the Police Department and Code Enforcement can better describe in detail the activities
they have been involved with on the site, but there has been a concerted staff effort to bring the motel
into conformance. It has very minimal conditions at present and this action would establish 23 new
conditions on the site. Code Enforcement is now monitoring the property closely and inspecting it
regularly and routinely. It will be coming back for review in any case and the Planning Commission and
the City Council will get a report about anything that is not in compliance with the resolution.
Council Member Feldhaus noted the reports indicate there is supposed to be a patrol around the building.
He assumes that means the periphery as well.
A gentleman from the audience approached the podium and stated as far as security, they supplied the
Council with daily reports and activities relative to security and it states that they patrol the area hourly
reporting what they see, if they see anything. (See letter dated July 12, 1999 from the Law Offices of
Robert W. Snyder, attached to which were copies of reports submitted by Pacific International Security –
re: Rainbow Motel).
Mayor Daly. He asked staff if they saw a correlation between the reduction in a security guard from 24
hrs. a day, seven days a week to day time only on Fridays, Saturdays and Sundays – a correlation
between that and “missiles” being thrown over the fence. If the security guard were retained 7 days a
week, 24 hrs. a day, would that better address the situation. The only issue is should that be reduced to
three days a week.
Joel Fick . Since the Planning Commission meeting, Code Enforcement has not received complaints on
the issue. The Police Department is supportive of the request for a variety of reasons. Coverage will be
in the significant hours of concern. Within three months of the date of the Planning Commission
resolution there will be a review by the Commission under Reports and Recommendations relative to
compliance and also a Public Hearing will be scheduled six months from the date of the resolution which
is November 10, 1999 to consider revocation or modification. It is a short leash to make sure there is
compliance. There will be another hearing scheduled in November and staff will be bringing that forward
automatically.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
Council Member Feldhaus . The letter from WAND states a larger than usual number of Police calls; Sgt.
Sutter stated that is true. They compared it with other motels of similar size. For 1998, the Rainbow
Motel had 140 calls for service of which all but approximately seven could be verified. During the same
time period, comparisons were done with five other motels of similar size with the most calls being 90 at
the Silver Moon and the least, 18 calls for service at the Moonlight Motel.
Council Member Feldhaus, speaking to Mr. Poole, noted there is a statement in the material indicating
that the Rainbow Motel as it exists does not provide a clean and safe environment; John Poole, Code
Enforcement Manager explained that is correct, but they have inspected the Rainbow since the staff
report was written and there has been improvement. The conditions recommended will help keep it
operating in a safe and clean manner. The reason it is coming forward is because of Council’s direction
to go out to the Beach Blvd. area and review the CUP’s. (He stated he had not seen the letter Mr.
Feldhaus was referring to.) He will also meet with Mr. Wozney tomorrow relative to the incidents he
reported. He has discussed the matter with Don Yourstone and he will check it out.
Mayor Daly. The staff report indicates Don Yourstone has discussed the matter with Mr. Wozney in the
past ; Mr. Poole. They feel it is achievable to get compliance.
ENVIRONMENTAL IMPACT REPORT – CATEGORICAL EXEMPTION : On motion by Mayor Daly,
seconded by Council Member McCracken, the City Council determined that the proposed activity fall
within the definition of Section 3.01 Class 21, of the City of Anaheim guidelines to the requirements for
an Environmental Impact Report and is, therefore, Categorically Exempt from the requirement to file an
EIR. MOTION CARRIED.
Mayor Daly offered Resolution No. 99R-156 for adoption. Refer to Resolution Book.
RESOLUTION NO. 99R-156 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2231
Roll Call Vote on Resolution No. 99R-156 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-156 duly passed and adopted.
PUBLIC HEARING–RECLASSIFICATION NO. 98-99-12, AND NEGATIVE
D3. 179:
DECLARATION:
INITIATED BY:
City-initiated (Planning Department), 200 South Anaheim Blvd., Anaheim, CA
92805
Parcel A
OWNER: - 220 North Beach Boulevard
Boas Family Partnership, 1800 Avenue of the Stars, Los Angeles, CA 90067
Parcel B
- 200 North Beach Boulevard
Metropolitan Insurance Company, 9950 Mayland Drive, #405, Richmond, VA 23233
Insurance Company, 2501 Pullman Street, Santa Ana, CA 92705
Parcel C
- 100 North Beach Boulevard
Tosco Corporation, P.O. Box 52085, Phoenix, AZ 85072
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JULY 13, 1999
LOCATION: 100, 200, and 220 North Beach Boulevard. Property is 4.46 acres located at the
northeast corner of Beach Boulevard and Lincoln Avenue.
To reclassify subject property from the CH (Commercial, Heavy) Zone to the CL (Commercial,
Limited) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 98-99-12 GRANTED, UNCONDITIONALLY, ( PC99-76)
(6 yes votes, 1 vacancy).
Approved Negative Declaration.
Informational item at the meeting of May 15, 1999, Item B11. Letter of appeal submitted by
Smith, Brennan & Dickerson, Attorneys at Law.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : July 1, 1999
Mailing to property owners within 300 feet : June 28, 1999
Posting of property : July 1, 1999
Greg Hastings, Zoning Division Manager. He briefed the Staff Report to the Planning Commission dated
May 10, 1999 noting that the proposed action is a result of the Community Planning Program which the
Council reviewed and approved last year.
Mayor Daly opened the Public Hearing.
Mr. Don Dickerson , Attorney, on behalf of Circuit City. Their interest is Parcel B. He referred to letter
dated June 1, 1999 previously submitted. Theirs is a 30 ,000 sq. ft. building on a four-acre pad at the
corner of Beach and Lincoln. Circuit City is a lessee of that property with nine years remaining on the
lease, and are paying approximately $600,000 per year in rent. The store closed two years ago and
since that time, efforts to re-lease that property have been unsuccessful. Those efforts were hampered
recently by condemnation of approximately 12' of frontage of the property in connection with the Caltrans
widening of Beach Boulevard. It has been difficult for Circuit City to get anyone to lease the property
because of that. There is insufficient parking at the frontage to continue as a retail facility. With the
reclassification and the imposition of the 10’ setback requirement it will now be even more difficult to re-
lease the property. They understand the current uses will be grandfathers in so there will be no
immediate harm if the facility were to continue to be operated as a retail facility but it appears unlikely
because of the 12’ Caltrans is taking. They beg Council’s indulgence in restoring the property to its
historic CH classification.
Joel Fick . Even if the property is rezoned CL, there would be no added staff requirements or City
requirement that the landscaping be installed. The existing situation, the lack of landscaping, would be
existing non-conforming situation. If there are modifications, only then would there be a requirement for
10’ which is the minimum requirement on Beach and Lincoln.
Don Dickerson. They appreciate that and it was expressed previously but the concern is the building
may require substantial reconfiguration and may have to be subdivided from one 30,000 square foot
facility to perhaps two or three retail facilities which will require other actions; Council Member Kring
asked staff to speak to that issue.
Joel Fick . It is something staff would have to look at. He would suggest a continuance so staff can do
so. They are interested in enhancing the landscaping. If the intention is to bring buildings all the way up
to Lincoln, that may be the very reason to have CL zoning on the site but there are other CH zone
requirements that would prove to be problematic. He feels it would be helpful to sit down and discuss
that with Circuit City and suggested a two-week continuance; Mr. Dickerson suggested 30 days.
Additional discussion followed between Council Members, staff and Mr. Dickerson at the conclusion of
which, Mayor Daly expressed concern that Circuit City left the building vacant and went to Buena Park
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JULY 13, 1999
and now they want to make it as easy as possible on themselves to sublease a building they willingly
vacated and do not want to install landscaping on property in the West Anaheim Project Area.
MOTION. Council Member Kring moved to continue the matter for 30 days so that Mr. Dickerson and
staff can discuss creative and innovative ways to solve the situation. Council Member Tait seconded the
motion. MOTION CARRIED.
CONDITIONAL USE PERMIT NO. 4113, CEQA NEGATIVE DECLARATION
D5. 179:
OWNER:
Andrew Y. Lui, 1458 James Way, Anaheim, CA 92801
AGENT:
Shanti Dewan, 6540 East Carnegie Avenue, Anaheim, CA 92807
LOCATION: 500 North Brookhurst Street - La Estrella Restaurant. Property is 1.19 acre located
at the northeast corner of Brookhurst Street and Alameda Avenue.
To permit a restaurant with sales of alcoholic beverages for on-premises consumption including
a bar, entertainment, dancing and banquets.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4113 GRANTED for one year (to expire 5/24/2000) ( PC99-86)
(6 yes votes, 1 absent).
Approved negative Declaration.
Informational item at the meeting of June 15, 1999, Item B1. Letter of appeal submitted by the
Agent, Shanti Dewan. Council Members Tait and Kring , subsequently determined to set this
item for a public hearing.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : July 1, 1999
Mailing to property owners within 300 feet : June 28, 1999
Posting of property : July 1, 1999
Greg Hastings, Zoning Division Manager. He summarized the proposal as outlined in Staff Report to the
Planning Commission dated May 24, 1999. Two previous Conditional Permits existed – one in 1976
terminated in 1997 due to Code Enforcement and Police problems, and the second in 1991, terminated
in 1998 for the same reasons (under a previous owner). The current request is to reopen the business as
a full-service restaurant with alcohol. The Planning Commission approved the request for one year. The
applicant, as part of his appeal, requested that the business remain open until 12:00 midnight on
weekdays and to 1:30 a.m. Friday and Saturday which staff is opposed to. Staff continues to
recommend approval for one year only provided the use remains a bonafide, full-serve restaurant and
complies with all conditions as approved by the Planning Commission.
Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant’s agent.
Applicant’s Statement : Mr. Shanti Dewan, 6540 East Carnegie, Anaheim. Presently the facilities are
operated as a nightclub. He wants to operate it as an upper scale restaurant with entertainment and
music, not necessarily live, but maybe some nights. They plan to also have dinner theater. This is a big
facility and it needs more than a restaurant to make it financially feasible to run. They want to operate
until 12:00 midnight on weekdays and on Fridays and Saturdays until 1:30 A.M. It will not be a nightclub
and there will be no cover charge. Thirty-two conditions have been imposed and they agree to all the
conditions including removing the marquis sign. They are merely requesting the one additional hour on
weekdays and 1 ½ hours on Friday and Saturday. The CUP is only for a year; however, they are signing
a lease initially for three years with 5-year options. They are requesting an initial period of three years
for the CUP. If they do anything wrong after signing a long lease, they will be in trouble. They are
spending almost $250,000 in improvements. They have signed the lease but it is subject to getting the
CUP. He then answered a line of questions posed by the Mayor wherein he stated he does intend to
pursue or ask for dancing permits and live entertainment. They would like to stay open later because the
hours will be similar to other such establishments. The residents in the area do not have any objection to
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JULY 13, 1999
the restaurant. He has operated places in Newport Beach and Anaheim and he has had no problems. He
should not be judged by what happened with the previous owner. His other restaurant is the Patio Café
in Newport Beach and also a bar in Corona del Mar which had similar problems to the subject business
but he cleand the place up. He has five or six other places in Anaheim which are mostly sandwich shops
and hamburger places with beer and wine licenses. The food he will serve in this restaurant will be
primarily Mexican but with other selections. They will be open in August or September.
Judith Ann Gollette , WAND. The areas of concern is the idecisiveness about the dancing, live theater,
the bar area and the banquet area. They do not want to see the hours extended and favor the one-year
CUP. Beyond that, they do not need to put anything into the Brookhurst Corridor where they do not have
concrete evidence of what they are asking for and what they are going to get. They want an upscale
restaurant in west Anaheim and look forward to it coming into compliance and opening up.
Mayor Daly. Relative to the entertainment and dancing, because it is in the Brookhurst Corridor, he
asked if it would require a CUP or is it even allowed.
Greg Hastings. What would not be allowed is an admissions charge which could become a nightclub or
dance hall; otherwise, it could be allowed by code ;John Poole, Code Enforcement Manager. On all such
requests, the request is reviewed by the Planning Department, Police Department, Code Enforcement
and Business License and based on the past track record of the individual. This is a new person. An
entertainment permit would be approved with terms and conditions similar to the CUP only that it is
approved administratively. All requests for entertainment permits are highly scrutinized by staff
especially in locations where there have been problems in the past.
Council Member Kring . She believes it is a good plan requiring a large investment with a 3 ½ to 4-year
lease. A one-year CUP is harsh especially since there are 32 conditions and the applicant is willing to
accept all of them. If they grant a 4-year CUP, it can be revoked or rescinded. She would support a limit
of four years (as opposed to one year) and also support the increase in the hours.
Mayor Daly. This is a site with a negative history. The issue is between the operator and the landlord.
To ask the City to grant a longer CUP just because the property owner is asking the landlord to pursue
the matter, he believes, is over and above what their focus ought to be. In the event there are problems,
with a longer term CUP, the City will again have to spend money, time and law enforcement efforts to
address the problem. He prefers a short lease and is confident that the operator can work out the details
with his landlord. He will be supporting the Planning Department recommendation which is also
supported by the Police Department.
Council Member Kring felt because the location has had a previous bad reputation, painting that “broad
brush” and applying it to the applicant is wrong. All he is asking for is a chance to prove his worth.
After additional questions posed to staff and further Council discussion/comments, Mayor Daly stated his
suggestion would be to grant an 18-month CUP considering the move-in time that would be necessary;
however, he does not support the extended hours and the drift toward an operation that could be a law
enforcement problem. It is not in keeping with what the west Anaheim community leadership is seeking
and would be a mistake.
Council Member Tait posed questions relating to the entertainment permit and also what would happen if
it turned out to be a problem ; John Poole. They do impose conditions pertinent to the issuance of an
entertainment permit. If a problem(s) arises, staff would take the issue back to the Planning Commission
for modification or termination and the entertainment permit can be terminated. The applicant would be
entitled to a hearing and that is why staff is recommending a one-year CUP. At the end of a year, it
would merely terminate and no hearing would be required; otherwise it is necessary to go through due
process in order to terminate.
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JULY 13, 1999
Joel Fick . He noted that the CUP relates to the land use granted on the property which may or may not
run with this particular business owner over an extended period of time. The CUP does run with the land
and not with any particular operator.
Discussion and debate followed wherein the Mayor reiterated his concerns relative to a longer-term CUP
and the reasons why specifically that from what he has heard, it will be a dance hall open every Friday
and Saturday. It is the wrong use and no one is asking for that. They are calling it a restaurant but the
applicant is telling them it is going to be a dance hall. Restaurants are not open until 1:30 unless
something else is going on.
Council Member Feldhaus . If the applicant subsequently asks for an entertainment permit, he asked if a
time limitation can be placed on the permit, perhaps a three-month period, to see how it would work out.
John Poole . Permits are issued for an annual period unless there is a CUP that would expire before that
year. There is nothing in the code that would prohibit that unless after consulting with the City Attorney’s
Office it was determined it could not be done.
Sgt. Sutter . A lot of the calls for service were for that business. It was supposed to be a high-profile
restaurant. For seven years, the people had to put up with a nightclub atmosphere before it was
revoked.
Council Member Tait suggested if an entertainment permit is applied for that it be limited to one year but
that the CUP for the restaurant be for four years. He understands the Mayor’s concern. He is concerned
about getting the improvement for the restaurant.
Assistant City Attorney, Cristina Talley . She interjected stating that the time limitation suggested, under
the code, would not be a condition that is appropriate for the CUP. Two separate permits are involved
and conditions cannot be imposed on an entertainment permit that is not before the Council.
After further discussion, Council Member Tait suggested, for the record, that if an entertainment permit is
applied for that it be for one year ; Cristina Talley. She does not have the code before her at this time to
determine whether or not staff would have the authority to impose that condition but will look into the
matter. If it is permitted, that would be at the discretion of the staff.
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Council Member
Kring, seconded by Council member Feldhaus, 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 of the environment.
MOTION CARRIED.
Council Member Kring offered Resolution No. 99R-158 for adoption. Refer to Resolution Book.
RESOLUTION NO. 99R-158 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4113.
Roll Call Vote on Resolution No. 99R-158 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait
NOES: MAYOR/COUNCIL MEMBERS : McCracken, Daly
ABSENT: MAYOR/COUNCIL MEMBERS : None
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JULY 13, 1999
The Mayor declared Resolution No. 99R-158 duly passed and adopted.
ADJOURNMENT: On motion by Mayor Daly seconded by Council Member McCracken, the Council
Meeting of July 13, 1999 was adjourned to Wednesday, July 14, 1999 at 12 Noon for the purpose of a
Closed Session to conduct final interviews for the position of City Clerk. MOTION CARRIED. (11:25
p.m.)
LEONORA N. SOHL
CITY CLERK
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