1999/11/16ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait
COUNCIL MEMBERS: Shirley McCracken
CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Sheryll Schroeder
ASST. CITY CLERK: Ann Sauvageau
ASST. CITY MANAGER: Tom Wood
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
EXEC. DIR. COMM. DEVELOPMENT: Lisa Stipkovich
DIRECTOR OF COMM. SERVICES: Chris Jarvi
PLANNING DIRECTOR: Joel Fick
TRAFFIC/TRANSPORTATION MANAGER: John Lower
ZONING ADMINISTRATOR: Annika Santalahti
TRANSPORTATION PROGRAMS PLANNER: Diana Kotler
PARK PLANNER: Dick Mayer
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:12 p.m. on
November 15, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Council Member Tait called the workshop portion of the meeting of November 16, 1999 to order and
welcomed those in attendance. (3:20 p.m.).
City Manager, James Ruth. This is the designated time for the two workshops to be held today, the first
on the I-5 Surplus Land Reuse Recommendations. Tom Wood, Assistant City Manager has been
working with Community Development staff on this project and will introduce the subject.
I-5 SURPLUS LAND REUSE RECOMMENDATIONS: Tom Wood, Assistant City Manager-
Development. He gave an overview of the subject outlining the activities that have occurred thus far
starting in February, 1998 when Anaheim staff met with the Orange County Transportation Authority
(OCTA) to discuss surplus parcels created by the I-5 widening project through the City. The purpose
today is to present for Council review the maps that have been prepared showing the various
recommendations for surplus land reuse. Five Segments are involved - A through E - starting from the
south and working north. He noted that unless there are comments by the Council to the contrary, the
proposed recommendations will be forwarded to OCTA staff for discussion.
Rob Zur Schmiede, Redevelopment and Property Services Manager made the presentation
supplemented by Power Point slides, hard copies of which were submitted to the Council. He went
through each Segment, A - E, explaining the recommendations for each (all parcels bordering the I-5
Freeway between south and north City limits - OCTA, City and State-owned parcels ). The maps (and
slides) showed the recommendations proposed which included the following (one or more of the
recommendations made for each Segment broken down into Sections for each Segment): option to
Anaheim for either open space, public use, related development or Redevelopment purposes; rezone
residential; assemble remnant parcels with adjacent parcel(s) subject to City review of development
and/or landscaping plans, etc. The maps also showed (in the applicable Segments/Sections) actions
already taken by OCTA on certain parcels without City consultation (sale, etc.) and also those parcels
that are to be landscaped by OCTA subject to City approval and then conveyed to the City.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
During and after the presentation, questions were posed by Council Members for purposes of clarification
relative to the recommendation(s) for specific parcels, landscaping issues, future status of OX Road
(which staff was asked to monitor), etc., which were answered by both Mr. Zur Schmiede and Wood.
Mr. Wood asked that the Council review the recommendations further and if they have any input to let
staff know. Subsequently, staff will go forward with OCTA to pursue the strategy presented.
Mayor Daly thanked staff for the informative and detailed presentation.
City Manager Ruth. At the Council Meeting of October 26, 1999 (see minutes that date), a workshop was
held on the Ross Park Master Plan at the conclusion of which the Council asked staff to look at
alternatives to the proposed park plan, specifically the possibility of adding an additional field for soccer.
Today, staff will discuss the options. He deferred to Chris Jarvi.
ROSS PARK DEVELOPMENT: Chris Jarvi, Director of Community Services. He first gave an overview
of the site, once again working from the four diagrams displayed in front of the dais, noting that the
original design was a full neighborhood park. After the initial presentation (on 10/26/99), the Council
requested additional alternatives with an added sportsfield. The estimate for the site was $1,775,000;
the department has a budget (for the site) of approximately $1.6 million making it approximately
$175,000 over budget for even the original master plan/configuration and would look to make up the
difference by value engineering, phasing, or by getting a favorable bid. He referred to data presented to
the Council which, beside the original proposed Master Plan cost, also listed Alternative A which would
provide for two fields for soccer and one field for softball at a cost of $2,294,378, the major cost
differences from the proposed Master Plan being the sportsfield lighting, added parking, increased
fencing and grading (costs broken down and listed). He also noted that under this alternative, they were
going to be forced to construct a 30' wall between the Home Oil property and the park site required
through the EIR process.
A second alternative, Alternative B, would provide two multipurpose sports fields at a cost of $2,780,390,
the major cost differences being sportsfield lighting, Hessel streetwork, added parking, increased fencing,
added baseball infield, hardscape and grading. Acquisition cost of the Home Oil property which would be
necessary under Alternative B was listed at $1 million dollars + with the cost for relocation and
equipment unknown at this time. He briefed each alternative working from the displayed site plans.
During and after Mr. Jarvi's presentation, questions were posed by Council Members relative to costs for
grading, the wall that would have to be constructed (to mitigate the impact of any possible blasts from
the Home Oil site), phasing of the project if the Council chooses Alternative B, remediation of the Home
Oil property site, etc., answered by both Mr. Jarvi and Dick Mayer, Park Planner.
Further Council discussion and questioning followed at the conclusion of which, Mayor Daly stated it
appears there are a number of reasons that Alternative A could work. It is a modification of the original
plan adding the soccer fields. It has all the features of the original plan and still allows for expansion if
the Home Oil property becomes available.
Council Member Tait. Relative to the budget, he would be open to phasing of the lights at a later time
rather than holding up the development of the park. He would also favor concept A just to get the extra
soccer field he would like to see.
Council Member Feldhaus stated he favors concept B because he feels there is a shortage of ball fields
in the City even now. Alternative B would provide at least two ballfields for tournaments which would
help pay for the maintenance. He again broached the issue of having the City host the Senior Softball
Tournament as he has done for several years in the past. The tournament would bring about 1,500 to
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
2,000 people to the City but there are not enough softball fields in close proximity to one another to do
SO.
Council Member Kring. She favors Alternative A since it meets everybody's needs. She would also like
to see a skateboard park which was mentioned as a possibility by Mr. Jarvi for a portion of the property.
Mayor Daly. He feels what would be of help to the Council in making a determination on how many
softball and soccer fields the park should have, is a summary of where all the City's softball fields are
located, who the users are and also soccer fields and who the primary users are. He asked Mr. Jarvi to
provide that summary including any other such fields being planned for the vicinity. It will be helpful for
the Council to see what the Master Plan is, where the short-term possibilities are of adding baseball and
soccer fields, and where there won't be any further opportunities. He believes they are all in agreement
they want more soccer fields, more softball fields and areas where skateboard parks can work. If they
can see that type of inventory, they can decide what the best use of the subject site will be.
Chris Jarvi. There are very few multi-purpose field complexes in the inner City area. He reiterated,
Ross Park was originally intended to be a neighborhood park and what the community asked for. Trying
to expand on it to create a more community-type park is perverting the original concept. They can get
away with some of the uses because of the way the park is situated. He does not see the subject site
meeting the kind of need Council Member Feldhaus is talking about. He also explained relative to
possible skateboard parks, staff will be submitting a report to Council within the next two or three days to
advise the Council of their options.
Mayor Daly. He appreciates the alternatives provided to the Council; he asked if staff was clear on the
direction.
Chris Jarvi. He will supply the report requested. The question will then be how to go forward. Answering
the Mayor, he explained that relative to staff's next steps, it is necessary first (for the Council) to agree
on a concept plan and staff would then have to go back to the community to show them the changed
design. Staff would subsequently take it to the Park and Recreation Commission for final approval and
then move ahead. They would come back to the Council for approval of a designer for the final
construction drawings.
Mayor Daly again thanked staff for providing the additional alternatives requested at the last workshop
on the subject and look forward to receiving data on today's request.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existinq Litigation:
Name of case: Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone
Company, et al., Orange County Superior Court Case No. 77-30-74, (and related cases).
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existinq Liti.qation:
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
Name of case
: Cox v. City of Anaheim, U.S. District Court Case No. CV98- 3286RAP ( SHx).
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
3.
SECTION 54957.6:
Agency Negotiator : David Hill
Name of employee organization : Anaheim Firefighters’ Association
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
4.
SECTION 54957.6:
Agency Negotiator
: David Hill
Name of employee organization
: Part Time Customer Service Employees, IBEW
Mayor Daly moved to recess into Closed Session. Council Member Kring seconded the motion. Council
Member McCracken absent. (4:17 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of November 16, 1999 to order at 5:39 p.m. and
welcom ed those in attendance.
INVOCATION: Pastor Steve Isenman, from the West Anaheim United Methodist Church gave the
invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
DECLARATION OF RECOGNITION AND INTRODUCTION OF GOODWILL DELEGATION
119:
FROM ANAHEIM’S SISTER CITY – MITO, JAPAN :
Mr. Greg Hastings, the City’s Zoning Division
Manager and also President of Anaheim’s Sister City Association, first asked the 25-member Goodwill
Delegation from Mito, Japan to stand and be recognized. He then introduced the Mito City Officials who
were a part of the delegation, Mr. Hidefumi Kobayashi, Deputy Mayor; Shinyo Murata, Assemblyman;
Chikako Tayama, Assemblywoman and Yasushi Takahashi, Assemblyman. Mr. Hastings noted that the
very first delegation arrived in 1976 and the tradition continues. Both cities are looking forward to
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celebrating the 25 Anniversary of their Sister City relationship in a few years.
Mr. Kobayashi, Deputy Mayor of Mito, speaking through an interpreter expressed the delegation’s
appreciation for the courtesies extended. The Mayor (of Mito) could not come to Anaheim on this visit
and he is speaking for him. At the conclusion of his remarks, Mr. Kobayashi read a letter from the Mayor
of Mito to Mayor Daly. The letter concluded by sending his best wishes and much success in the
strength of the tie between the two cities.
Mayor Daly then presented a Declaration of Recognition to the Deputy Mayor; Mr. Kobayashi and his
colleagues thereupon presented gifts to Mayor Daly and the Council Members.
Token gifts were also presented, in turn, from the Mayor/Council Members to the Mito officials. Mayor
Daly also expressed appreciation to the Sister City Association who worked so hard to make the visit of
the Mito delegation such a success as well as to Sue Ray, the Council Assistant, and Bret Colson, Public
Information Officer.
* * * * * * * * * * * * * * * * * * * *
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Before proceeding, Mayor Daly announced the reason for Council Member McCracken’s absence today
was due to the fact that her mother passed away a couple of days ago. Mrs. McCracken is on the East
Coast with her family attending the funeral. Their thoughts and prayers are with Shirley and her family in
this time of mourning for her mother.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
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1. DECLARATION recognizing Ray Mar Productions on their 25 anniversary.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $4,818,931.70 for the period ending
November 8, 1999 and $2,272,056.22 for the period ending November 15, 1999 in accordance with the
1999-2000 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim
Housing Authority meetings. (6:01 p.m.).
Mayor Daly reconvened the City Council Meeting. (6:45 p.m.).
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Esther Wallace, Chairperson, West Anaheim Neighborhood Development Council (WAND). Her
presentation will cover the accomplishments and future actions of WAND, an organization which started
approximately four years ago with 14 citizens. They established 10 goals at the outset and in revisiting
those goals, she can say that they have stayed on course. They have also established various
committees – Land Use Committee, Community Participation Committee, After-School and Recreation
Committee, Performing Arts Center Committee, Safety Committee, etc. It is a structure WAND has used
successfully in accomplishing the things they have done. They have formed a partnership with the City
of Anaheim and various departments. She thanked the Council and staff for their ongoing assistance in
helping them accomplish their goals. Although the Council has received a copy of WAND’S
accomplishments and planned future actions, she would like to read them into the record. Mrs. Wallace
thereupon read the documents previously submitted and made a part of the record – West Anaheim
Neighborhood Development Council Accomplishments – 1997-1999 and West Anaheim Neighborhood
Development Council Future Actions – 1999-2000.
In concluding her presentation, Mrs. Wallace reiterated WAND has had tremendous support from the
City and its departments. She particularly acknowledged Mr. Steve Swaim, Community Services
Superintendent, because he has assisted WAND in their “brainstorming” and consolidating the program
for WAND. The actual ideas, however, have come from the people in West Anaheim. They are truly
interested in making their community a good community where people will want to come and live. They
have come to the Council many times and want to say thank you. In two years she hopes to be back with
another report.
Mayor Daly. Mrs. Wallace has laid out a list of the successes of WAND as well as an ambitious list of
items the group would like to accomplish in the future. The Council hopes they will be able to help
WAND accomplish as many of them as possible. He thanked them for working positively with staff and
the Council.
PUBLIC COMMENTS – AGENDA ITEMS:
Public input was received on Item A31 (see discussion under that item).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
Lori Hulen , 180 S. Avenida Felipe , Anaheim. She is present representing the Vermont-Citron Area
Association. She attended the workshop earlier today on the I-5 Surplus Land Reuse Recommendations.
She has prepared a package of material which she submitted – see, Petitions for Green Space
Pertaining to the I-5 Remnant on Vermont/Cottonwood submitted by Vermont/Citron Area Association
11/16/99 – made a part of the record. The material contains petitions regarding one remnant of land at
Vermont and Cottonwood along the I-5 urging that there be green space for that land which “would make
a wonderful place for the children to play”. The petitions contained signatures of many residents in the
Vermont/Citron area as well as from the Neighborhood Advisory Council of Cambridge and Lemon
Streets. (Petitions contain over 400 signatures). She then gave a brief history of the area and how it has
evolved and also briefed the concerns as outlined in the covering letter to the data submitted. The one
thing lacking is some green space – at this point, just some grass would help them. She urged the
Council not to approve any more building area. The many school children of the area are on year-round
split schedules. They would like the Council’s support in any way.
Mayor Daly thanked Ms. Hulen for taking the time to share the request and for attending the workshop
today. He assured her that the land will get double and triple analysis by the City before any decisions
are made as to its disposition and urged her to stay in touch with City staff.
Mary Jane Chivera , 842 W. Cottonwood Circle, Anaheim. She lives across the street from the parcel. In
representing the homeowners, they would like to see some greenery in that area and perhaps a couple of
benches. This way, the children do not have to play in the street. They would like something that would
beautify the neighborhood and be a safe place for kids to go.
* * * * * * * * * * * * * * * * * *
The following members/representatives of the Anaheim Fire Association, Local 2899 then spoke relative
to the contract impasse and contractual issues between the City and the Fire Association : Mike Feeney,
Richard Chavez, Kevin Symmes – their main points are summarized.
Mike Feeney , President, Anaheim Firefighters Association, Local 2899. Measure A was overwhelmingly
passed by the citizens of Anaheim in November, 1998 requiring binding arbitration between the City and
Firefighters in the event they cannot resolve disputes over wages, hours, or terms and conditions of
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employment. This October, they began the (first) arbitration process and on November 4 completed
recorded testimony. Soon briefs will be completed and filed by the City and Firefighters and submitted to
the arbitrator for a final and binding decision. The process worked well and it became clear to them that
the City has the ability to pay its firefighters a fair and equitable wage. It is not too late to put an end to
the lengthy dispute.
Richard Chavez, speaking on behalf of the Firefighters as ex-president of the Association, a City
employee and also as a Vice President of the Orange County Central Labor Council representing over
100,000 union workers living in Orange County. (He first read a quote from a recent newspaper article
made by the Mayor which the Firefighters considered derogatory; Mayor Daly interrupted and apologized
for the tone of the remark as well as the factual accuracy although it was not a direct quote.) He then
elaborated on the many things that Firefighters do and the fact that they put their lives on the line every
day. He also commented on the arbitration process and what has taken place, problems of the unions
generally, the poverty in Anaheim surrounding motel families/kids, etc. The voters overwhelmingly
supported Measure “A” and with that expected that the Firefighters contract would be resolved. At this
time, the Council-appointed Charter Review Committee has discussed and is making recommendations
to do away with interest arbitration gained through Measure “A”. Nobody from that Committee has
attended any of the interest arbitration meetings. In concluding his presentation he emphasized that all
they have asked for from the beginning is to be treated fairly but that is not occurring. They believe the
Council has failed labor miserably.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
Kevin Symmes , Anaheim Firefighter. He asked all the members of the Firefighters Association who
were present to stand (approximately 30 were present). In the last four years, the Firefighters and their
families have been living on the same amount of money without a cost-of-living increase even though
the economy is “roaring.” They now have additional responsibilities (swift-water training, defribrillator
training, urban search and rescue, etc.) with no additional compensation. When the arbitrator makes his
ruling, he asked that they all accept whatever ruling the arbitrator makes. If it is not in the City’s favor, he
asked that they not waste taxpayer dollars by pushing it through the courts.
* * * * * * * * * * * * * * * * * * * * *
Joe Kung, 5581 E. Santa Ana Canyon Road, Anaheim. He first submitted extensive data entitled
Anaheim Hills U.S. Post Office Traffic Video Data Analysis, Friday, October 15, 1999 at Avenida
Margarita Between Santa Ana Canyon Road and Old Santa Ana Canyon Road – Updated 11/12/99 by
Joseph T. Kung, accompanied by letters to Federal and State officials and a newspaper article – made a
part of the record. Two weeks ago, he requested to present a six-minute video and it was rejected by the
City Manager’s Office. What he is providing today is very detailed and even better than the film. Mr.
Kung then elaborated on some of the data presented in his submittal documenting his attempt to find
solutions to traffic congestion at Imperial Highway and Santa Ana Canyon Road and especially the
congestion in and around the U.S. Post Office on Avenida Margarita (at Santa Ana Canyon Road). He
feels there is no question about the two existing problems. He is going to send his film to the (U.S.)
President’s Office as well as the Governor’s Office and would appreciate it if the City Manager and/or
City Council can put pressure on them to see if the congestion problems can be corrected. Christmas is
coming and his shopping center (at Imperial and Santa Ana Canyon Road) will again be negatively
impacted.
Council Member Kring asked for a copy of his video. She requested that he leave a copy with the City
Manager and she will get it from him.
Stefanie Perry, 5949 E. Avenida Arbol , Anaheim. She has seen Mr. Kung’s video and it is worth
watching. (See Mr. Kung’s comments above). She is also asking that the Council remove Item B1. from
the Consent Calendar (see Item B1. on tonight’s agenda – re: Items from the Planning Commission
Meeting of October 25, 1999) and set it for a Public Hearing. The Anaheim Hills Festival has not brought
the sign request to any residents and the residents would like a chance to review the plans before the
Council makes a final decision. (Later in the meeting – see Item B1. – the Council requested a further
review of the matter and, therefore, a Public Hearing will be scheduled at a later date.)
* * * * * * * * * * * * * * * * * * * *
Stan Stossel , Representative, IBEW LOCAL 47 representing the City’s full-time Utilities workers for over
20 years. Last December, part-time workers decided to join the union. After 11 months of bargaining,
the City’s negotiating team has put together a proposal that tells their people the City is going to give
exactly what they were going to get if they did not bargain at all – the City’s position being they don’t
want to pay any meaningful benefits to part-time employees. The money the City is spending on their
negotiating team is all wasted. The Council is a part-time position but the members get medical benefits.
He is going to look to the Council and community at large in order to get a fair and human contract for
these part-time people who give their lives to the City.
* * * * * * * * * * * * * * * * * * *
Jim Bonsteel , 1203 N. Grove Street, Anaheim. He also attended the workshop this afternoon on the I-5
Surplus Land recommendations. He is representing the neighborhood of Brookhurst and LaPalma called
the 591. He is asking when the Council decides the plan for Section D2 and E, that it be either for
residential homes with property available for the neighbors to purchase or that it be a greenbelt. He
thanked Steve Swaim, Community Services Superintendent and Richard LaRochelle, Code Enforcement
Supervisor for helping him to start the neighborhood council. They want to make their neighborhood as
beautiful as possible. He clarified for the Mayor that the parcels are on the north side of the I-5 from
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
Vermont to Magnolia. He further clarified for Council Member Tait that they agreed with staff’s
recommendations as presented – they want green belts or for the residents to be able to purchase the
land prior to its being sold to someone else.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of November 16 , 1999. Council Member Kring seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A35:
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-225 through 99R-233 , both inclusive, for adoption.
Mayor Daly offered Ordinance No. 5705 through 5707 for adoption. Refer to Resolution/Ordinance
Book.
A1. 105: Receive and file Golf Advisory Commission Meeting Minutes dated September 23, 1999.
102: Receive and file Anaheim Private Industry Council Meeting Minutes dated July 22, 1999.
105: Receive and file Redevelopment and Housing Commission Meeting Minutes dated October
20, 1999.
128: Receive and file monthly Financial Analysis for two months ended August 31, 1999.
159: Receive and file the Public Works Department status report of certain developer fee
accounts in accordance with SB 1693.
150: Receive and file the Community Services Department, Library Division, status report of
certain developer fee accounts, in accordance with SB 1693.
175: Receive and file the Public Utilities Department status report of certain developer fee
accounts, in accordance with SB 1693.
117: Receive and file Investment Portfolio Report for October, 1999 from the City Treasurer.
A2. 106: Approve the adjustments to the Public Works Department 1999/2000 Capital
Improvement Budget in the amount of $4,252,502.
A3. 158: Approve the acquisition agreement for 1601 Orangewood Avenue for the Orangewood
Avenue/State College Boulevard widening project, authorize the Mayor and City Clerk to execute
the agreement and authorize the acquisition payment of $20,949 to the Robert Stovall Family
Partnership, L.P.
A4. 123: Approve Amendment No. 2 to Agreement No. C-8-0184 with the Orange County
Transportation Authority ( OCTA ) to extend the current agreement for 8 months, November 1,
1999 through June 30, 2000, to allow the City, OCTA and the Area Agency on Aging to come to
an agreement on a new pilot program to reduce cost per trip for minibus service to transport
Anaheim senior citizens to and from Feedback Foundation’s TLC meal programs.
A5. 176: RESOLUTION NO. 99R-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM declaring its intention to vacate certain public streets, highways and service
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
easements. (Abandonment No. 99-2A, southwest corner of Ball Road and Knott Avenue)
(Suggested public hearing date December 7, 1999)
A6. 176: RESOLUTION NO. 99R-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and service
easements. (Abandonment No. 99-13A, commonly called Grove Street, located adjacent to and
northerly of the Riverside Freeway (SR 91) between Kraemer Blvd. and Tustin Avenue)
(Suggested public hearing date December 7, 1999)
A7. 150: RESOLUTION NO. 99R-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving and authorizing the application for funds from the “California Trees For The
Millennium Initiative For 1999” grant program and authorizing the City Manager to execute all
necessary documents in connection with such application and subsequent award of funds.
A8. 160: Ratify the issuance of a new purchase order in an amount not to exceed $80,000 to Power
Systems Associates, Los Angeles, CA, to continue the rental of a portable back-up generator at
Linda Vista Reservoir and ratify the issuance of a purchase order to Penguin Engineering
Company, Orange, CA, in an amount not to exceed $226,815 for the replacement of the failed
generator set at Linda Vista Reservoir.
A9. 123: Approve the Lease Agreement by and bet ween the City and Lincoln Anaheim Village, a
California Limited Partnership, to relocate the City’s Job Training Program Division’s Welfare-to-
Work operations to the Anaheim Village and authorize the Community Development Executive
Director to execute said lease and any amendments thereof.
A10. 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 John D. White for property damage sustained purportedly due to actions
of the City on or about September 2, 1998.
b. Claim submitted by Robert L. & Ivy Johnson for property damage sustained purportedly due
to actions of the City on or about November 1, 1998.
c. Claim submitted by Greg Keel for bodily injury sustained purportedly due to actions of the City
on or about June 18, 1998 .
d. Claim submitted by Rakesh (Rick) Patel for property damage and property damage sustained
purportedly due to actions of the City on or about September 16, 1997.
e. Claim submitted by Jeffrey F. Main for property damage sustained purportedly due to actions
of the City on or about December 4, 1998 .
A11. 123: Approve the Agreement between Kinko’s Inc. and the City which establishes Kinko’s as the
exclusive operator of the Business Service Center located within the new lobby of the Anaheim
Convention Center.
A12. 179: ORDINANCE NO. 5705 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CERTAIN PROVISIONS OF CHAPTER 14.60 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO TRANSPORTATION DEMAND MANAGEMENT.
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A13. 179: ORDINANCE NO. 5706 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SUBSECTIONS .022 AND .024 OF SECTION 18.06.050 OF CHAPTER 18.06 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING.
A14. 179: ORDINANCE NO. 5707 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SUBSECTIONS .010 AND .020 OF SECTION 18.04.048 AND 18.04.049,
RESPECTIVELY, OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING (FENCE REQUIREMENTS).
Council Member Feldhaus posed a line of questions on this item which were answered by both the
Planning Director, Joel Fick and City Attorney White.
A15. 158: RESOLUTION NO. 99R-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or
interests therein.
A16. 182: Designate the City’s Job Training Program Division as the One-Stop Operator for
management of the One-Stop Center under the Workforce Investment Act.
A17. 123: Approve an agreement with th e Santa Barbara Electric Transportation Institute for $50,000
for the Anaheim Resort Transportation Project technical assistance.
Council Member Feldhaus posed questions for purposes of clarification which were answered by Diana
Kotler, Transportation Programs Planner.
Council Member Tait . He noted that his firm has done some work for one of the bus companies
involved. He asked if this agreement will have a material financial effect on any of the companies; Ms.
Kotler answered, no.
A18. 176: RESOLUTIO N NO. 99R- 229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and service
easements (Abandonment No. 99-16A), located at 901 East South Street. (Suggested public
hearing date December 14, 1999)
A19. 159: Reject all bids received for the Edison International Field parking lot improvements project,
Phase I.
A20. 123: Approve an agreement with The Planning Center for $48,000 to develop a public relations
and marketing program for the Electric Vehicle Station Cars Program and waive Council Policy
#401 concerning consultant selection process.
Mayor Daly. He is abstaining from any discussion or decision on this item since the Planning Center has
been a source of income to him.
A21. 123: Approve an agreement with JMB & Associates for $117,675 for the design, system, and
subsystem specifications for the Anaheim Resort Transportation Project and amend the
Department of Public Works budget by $117,675.
A22. 123: RESOLUTION NO. 99R-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving the filing of an application for grant funds for development of Anaheim
Colony Park (also known as George Washington Park) and authorizing the City Manager to take
any and all actions necessary to implement the program.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
A23. 161: Approve Phase I Gotcha Glacier Design Development Drawings subject to certain
conditions.
This item was discussed at length under the Redevelopment Agency Meeting of today’s date (11/16/99)
jointly heard by the Agency and the Council. The item was subsequently approved by both the Agency
and the Council (see Redevelopment Agency Minutes this date.)
A24. 123: Approve a Joint Trench Agreement with Metropolitan Fiber Systems of California ( MFS) to
permit joint trenching and to share construction cost for the Underground District No. 34,
Brookhurst/Crescent District.
A25. 123: Approve a Joint Trench Agreement with Los Angeles SMAS Limited Partnership ( Airtouch)
to permit joint trenching and to share construction cost for the Underground District No. 34,
Brookhurst/Crescent District.
Ed Aghjayan, Public Utilities General Manager explained for Council Member Feldhaus that the
agreement involves only one pole at $75/year. The City is obligated under the National
Telecommunications Act to offer space for telecommunications on the poles. Unfortunately, it is
necessary to go through an agreement such as this.
A26. 123: Approve the Utility Pole Lease Agreement between Pacific Bell Wireless, LLC, and the City
to lease pole space on City owned D-All poles and authorize the Public Utilities General Manager
to execute the agreement and related documents and to take such actions necessary to
implement the agreement.
Council Member Tait . His engineering firm has done some environmental work for Pacific Bell. He is
assuming they are a close affiliate of Pacific Bell Wireless and will, therefore, abstain from any
discussion or decision on this item due to a potential conflict of interest.
A27. 123: Approve 5 separate First Amendments to the Electrical Utility Agreements between the
City and Edlen Electrical; Expo West/ C.E.E.S .; National Electrical Systems; San Diego Stage &
Lighting and Trade Show Electric which authorize each of the electrical contractors to provide
various electrical services on a non-exclusive basis to persons at the Convention Center.
A28. 128: Approve the revised agreement with Anaheim Union High School District regarding use of
facilities.
A29. 156: RESOLUTION NO. 99R-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM authorizing the Chief of Police to submit a grant proposal on behalf of the City of
Anaheim to the Office Of Criminal Justice Planning for the Positive Alternatives Program (PAP)
component of the Delinquency Prevention Program.
A30. 123: Approve Professional Services Agreement between the City and Smithson -Dillon
Associates ( Smithson ) to assist the Private Industry Council in developing a transition plan from
the Job Training Partnership Act to the Workforce Investment Act, at a cost not to exceed
$50,000 and authorize the City Manager to execute the agreement and any amendments thereto
on behalf of the City.
A31. 123: Approve the agreement between the City and the Nutcracker Holiday Committee for the
co-sponsorship of the Nutcracker Holiday on December 3, 1999.
th
Sarah Alevizon representing the Nutcracker Holiday Festival. This is the 5 Annual Festival and she is
inviting the Council and all the families of Anaheim to come and enjoy the Festival on December 3, 1999
at 5:00 P.M. with the tree-lighting ceremony to take place at approximately 6:15 P.M. She also
elaborated on some of the other activities that will take place. Once again, the Festival Committee is
asking for Council’s assistance with part of the financing.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
A32. 123: RESOLUTION NO. 99R-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving the terms and conditions of the Program Supplement Agreement No. M-
005 with the State of California, Department of Transportation.
A33. 130: RE SOLUTION NO. 99R-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM declaring its intention to approve the transfer of a cable television franchise from
Century – TCI California and Century Communications Corporation to Adelphia Communications
Corporation and order a hearing thereon.
A34. 106: Authorize staff to increase the City Budget, Fund 702, Community Development
Department by $1,200,000.
A35. 114: Approved Anaheim City Council Meeting Minutes dated October 5, 1999, October 19,
1999, October 26, 1999 and November 2, 1999.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait abstained on
items A17 and A26. Mayor Daly abstained on item A20).
Roll Call Vote on Resolution Nos. 99R-225 through 99R-233, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : Mc Cracken
The Mayor declared Resolution Nos. 99R-225 through 99R-233, both inclusive, duly passed and
adopted.
Roll Call Vote on Ordinance Nos. 5705 through 5707 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : McCracken
The Mayor declared Ordinance Nos. 5705 through 5707 duly passed and adopted.
DESIGNATION OF MAYOR PRO TEM FOR ONE YEAR :
A36. 114: The City Council by motion
appoints one Council Member to serve as Mayor Pro Tem for one year.
Council Member Kring moved to appoint Council Member Tom Tait as Mayor Pro Tem for the coming
year.
Mayor Daly asked if everyone was comfortable moving forward on this matter without a full Council;
Council Member Tait suggested that they wait until Council Member McCracken returns.
MOTION. Council Member Tait moved that the appointment of a Mayor Pro Tem be continued until the
next scheduled Council Meeting (December 7, 1999) for full Council action. Council Member Feldhaus
seconded the motion. Council Member McCracken was absent. MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
ITEMS B1 – B11 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 25, 1999 –
INFORMATION ONLY, APPEAL PERIOD ENDS NOVEMBER 16, 1999:
NEGATIVE DECLARATION , CONDITIONAL USE PERMIT NO. 4152
B1. 179:
OWNER:
Myrna Wiener, Wiener Family Trust, 9323 La Alba, Whittier, CA 90603
AGENT:
Karen Finke, Anaheim Hills Festival, 8020 E. Santa Ana Canyon Road ., Anaheim, CA
92808
LOCATION:
Property is 3.97 acres located on the north side of Santa Ana Canyon Road, 1,320
feet west of the centerline of Roosevelt Road.
To construct an identification sign for the Festival Regional Shopping Center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Granted CUP NO. 4152 with conditions, approved Negative Declaration ( PC99-185) (7 yes
votes).
Mayor Daly. He is interested in setting a Public Hearing on this matter since he has not had a chance to
see all of the details on the proposal. He thereupon requested a review of the Planning Commission’s
decision; Council Member Tait concurred.
A Public Hearing on Item B1 will be scheduled at a later date.
NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT
B2. 179:
CONDITIONAL USE PERMIT NO. 4122
OWNER:
Vito and Josephine Bucaro, Fred Kimura, Yoshiko Kimura, Allen Wattenberg, Richard
and Enriqueta Wattenberg, Kathy J. Wattenberg, Eugene Pardella, Marie Pardella, William
Keough, Patsy Keough and Thakor Desa, 8300 Lexington Road #10, Downey, CA 90241
AGENT:
Pacific National Development, Attn: Al Marshall, 1041 W. 18th Street #104-A, Costa
Mesa, CA 92627
LOCATION: 2240 West Lincoln Avenue.
Property is 1.92 acres located on the south side of
Lincoln Avenue, 515 feet west of the centerline of Brookhurst Street.
To construct a 2-story 56-unit affordable senior citizen’s apartment complex with waivers of (a)
permitted encroachment into setback areas, (b) minimum structural setback, (c) minimum
private recreational – leisure area, (d) minimum floor area, (e) required private storage areas, (f)
minimum pedestrian access and (g) minimum required affordable units.
ACTION TAKEN BY THE PLANNING COMMISSION:
Withdrawn
NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 3265
B3. 179:
OWNER:
The Cornerstorne, A Foursquare Church, Attn: Brenda Coogan, 1250 N. Red Gum
Street, Anaheim, CA 92806
LOCATION: 1250 North Red Gum Street.
Property is 1.06 acres located on the east side of
Red Gum Street, 500 feet south of the centerline of Miraloma Avenue (The Cornerstone
Church).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
To consider reinstatement of this permit which currently contains a time limitation (originally
approved on April 9, 1990, to expire on April 9, 1999) to retain an existing church.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3265 approved, reinstatement for 5 years, to expire 4/9/2004
( PC99-186) (7 yes votes) Negative Declaration previously approved.
NEGATIVE DECLARATION , WAIVER OF CODE REQUIREMENT,
B4. 179:
CONDITIONAL USE PERMIT NO. 4156
OWNER:
Canyon Commercial Center, 5000 Birch Street, East Tower, Suite 510, Newport
Beach, CA 92660
AGENT:
Mark R. Poochigian, 5000 Birch Street, East Tower, Suite 510, Newport Beach, CA
92661
LOCATION: 5445 East La Palma Avenue.
Property is 12.2 acres located on the north side of
La Palma Avenue, 270 feet east of the centerline of Brasher Street.
To permit an automobile dealership with waiver of (a) required parking lot landscaping, (b)
permitted location of a freestanding monument sign, and (c) permitted encroachments into
required yards.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4156 granted in part for 10 years, to expire 10/25/2009.
Waiver approved in part.
Negative Declaration approved.
( PC99-187) (7 yes votes)
Joel Fick, Planning Director clarified for the Mayor that the reason the Commission set a time limit for an
auto dealership was to coincide with the lease of the property which is 10 years. He also confirmed for
Council Member Feldhaus that there is no parking on LaPalma but there will be 10’ of landscaping
adjacent to LaPalma.
NEGATIVE DECLARATION , REVISION TO SANTA ANA CANYON ROAD ACCESS
B5. 179:
POINT STUDY – EXHIBIT NO. 7, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
PERMIT NO. 4158
OWNER:
Raymond E. and Joanne S. Rocks, 5910 E. Marsha Place, Anaheim, CA 92807
AGENT:
Bob MacNamara, Attn: Sunrise Development, Inc., 13258 Ocean Vista Road, San
Diego, CA 92130
LOCATION: 6100 East Santa Ana Canyon Road.
Property is 1.21 acres located at the
southeast corner of Santa Ana Canyon Road and Anaheim Hills Road.
To construct a 2-story senior assisted living and Alzheimer’s care facility with waiver of (a)
required setback of institutional uses to residential zones, (b) permitted freestanding sign, (c)
minimum number of required parking spaces, (d) required rear yard setback, and (e) maximum
building height adjacent to a residential zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO 4158 denied, Waiver of Code Requirement denied, Revision to Santa Ana Canyon
Road Access Point Study, denied.
Negative Declaration approved.
( PC99-188) (5 yes votes: Commissioners Bostwick, Bristol, Koos, Napoles, Vanderbilt. 1 no
vote: Commissioner Boydstun. Commissioner Arnold absent)
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
NEGATIVE DECLARATION , TENTATIVE TRACT MAP NO. 15861,
B6. 170:
SPECIMEN TREE REMOVAL PERMIT NO. 99-03
OWNER:
Paul S. and Sachiko Murata, 194 S. Lakeview Avenue, Anaheim, CA 92807
AGENT:
Muskoka Development, Attn: Brian Keer, 34 Balboa Coves, Newport Beach, CA 92663
LOCATION: 194 South Lakeview Avenue.
Property is 5.91 acres located on the north side of
Lakeview Avenue.
Tentative Tract Map No. 15861,
to establish a 6-lot (5-numbered lot,
1-lettered lot) residential subdivision.
Specimen Tree Removal Permit No. 99-03,
to permit the removal of 2 specimen trees.
ACTION OF THE PLANNING COMMISSION:
Approved Tentative Tract Map No. 15861, approved Specimen Tree Removal Permit No. 99-03
Negative Declaration approved.
(5 yes votes, Commissioners: Bostwick, Boydstun, Koos, Napoles, Vanderbilt. Commissioners
Bristol and Arnold absent)
NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
B7. 179:
PERMIT NO. 4143
OWNER:
Grock Woey Jung and Chun Chun Jung, Trustees, 433 South Vicki Lane, Anaheim,
CA 92804
AGENT:
Jimmy Tong Nguyen, P.O. Box 15741, Newport Beach, CA 92659
LOCATION: 420 South Brookhurst Street.
Property is 0.50 acres located on the east side of
Brookhurst Street (Seafood Place Restaurant).
To permit a banquet hall facility with service and on-premises consumption, but not sales of beer
and wine with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Withdrawn.
NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 4151
B8. 179:
OWNER:
Karl and Edith Sater, 900 East Katella Avenue “J”, Orange, CA 92867
AGENT:
Salvador Magana, 21580 Via Pepita, Yorba Linda, CA 92886
LOCATION: 3148 East La Palma Avenue, Unit C.
Property is 6.4 acres located south and
east of the southeast corner of La Palma Avenue and Kraemer Boulevard.
To permit and retain an automotive repair facility (auto body work) within an existing industrial
complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4151 granted for 1 year, to expire 10/25/2000.
Negative Declaration approved
( PC99-189) (5 yes votes, Commissioners: Bostwick, Boydstun, Koos, Napoles, Vanderbilt.
Commissioners Bristol and Arnold absent).
ENVIRONMENTAL IMPACT REPORT NO. 320, AREA DEVELOPMENT PLAN NO. 120 –
B9. 155:
REVIEW OF ARCHITECTURAL PLANS FOR GOTCHA GLACIER :
Gotcha Glacier, Attn:
Bradford Kinney, 33159-D Camino Capistrano, San Juan Capistrano, CA 92675, requests review
of modified architectural plans showing refinements to the exterior building design of Gotcha
Glacier ( Sportstown Anaheim) on property located at 2250 East Katella Avenue.
ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Bostwick and
MOTION CARRIED , that the Anaheim City Planning Commission does hereby determine that the
previously-certified EIR 320 is adequate to serve as the required environmental documentation for
this request.
Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTION
CARRIED , that the Anaheim City Planning Commission does hereby receive and file the final
exterior building plans (Final Plan Exhibit No. 1) based on the findings that the plans are
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
refinements of Exhibit No. 2, dated April 1, 1999 and labeled Gotcha Glacier, previously reviewed
by the Planning Commission and approved by the City Council; that the plans conform with the
maximum land use and development intensities established by ADP 120; that the plans comply
with the “Amended and Restated Lease Agreement by and between The California Angels L.P.
and City of Anaheim, Dated as of May 15th, 1996”; and that development will comply with all
applicable mitigation measures incorporated into Mitigation Monitoring Program No. 092 and
identified in EIR 320; and that the Planning Commission also recommends the following:
(1) That the number of graphic panels shall be limited to one graphic depiction per major
activity or tenant within the building, not to exceed 15 panels; and
(2 ) That the Gotcha Glacier sign shall be lowered below the roof level and any sign proposed
above the roof level shall be brought back to the Planning Commission for review as a “Reports
and Recommendations” item.
ACTION OF THE PLANNING COMMISSION:
Area Development Plan No. 120 – review of the architectural plans for Gotcha Glacier, approved
with modifications.
EIR No. 320, previously approved.
No action was taken by the Council on this item. (See minutes of Redevelopment Agency Meeting of
today’s date – 11/16/99 – where the item was discussed.)
NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 4141 – REVIEW AND
B10. 179:
APPROVAL OF FINAL PLANS :
Robert Flaxman, Crown Realty and Development Corp., 20101
SW Birch Street, Suite 260, Newport Beach, CA 92660-1770, requests review and approval of
final plans for construction of a full service restaurant with sale of alcoholic beverages for on-
premises consumption, including an outdoor dining area within a planned mixed-use commercial
center (Stadium Crossings), on property located at 2005 East Katella Avenue.
ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Koos and
MOTION CARRIED , that the Anaheim City Planning Commission does hereby determine that
the previously-approved negative declaration is adequate to serve as the required environmental
documentation for subject request.
Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION
CARRIED , that the Anaheim City Planning Commission does hereby approved the final plans
for Denny’s restaurant (identified as Final Plan Exhibit Nos. 1 through 5 on file with the Planning
Department, provided that the columns supporting the patio trellis may be wood instead of
plaster-coated columns painted to match the salmon-colored building walls) based on the finding
that said plans are compatible with the other buildings in Stadium Crossings, and subject to the
following conditions:
(1 ) That prior to issuance of a building permit for the restaurant, the petitioner shall submit
specific landscaping details for the patio area (i.e., species and size of vine(s) for the trellis;
species and size of two (2) trees and the other plants in the three (3) pre-cast planters; and
species, size and location of the plants on the landscaped earthen berm outside the forty four
inch (44”) high block wall enclosing the patio) to the Planning Department for review and
approval to show that said landscaping will be compatible with existing landscaping in the front
setbacks along Katella Avenue and State College Boulevard and with the Plant Palette approved
in connection with the Anaheim Stadium Area Master Land Use Plan.
(2 ) That prior to issuance of any sign permit or installation of any signs for this restaurant,
whichever occurs first, the petitioner shall submit to the Planning Department revisions to the
Stadium Crossings Sign Program (a booklet identified as Exhibit No. 22) approved in connection
with Conditional Use Permit No. 3957, to show that the restaurant on Pad E (Denny’s restaurant)
will be a “pad tenant” (instead of a ”shop tenant”) and, therefore, entitled to wall signs described
as “Pad Tenant I.D. Sign (Type #8)”; and that this restaurant will not be identified on the “Multi-
Tenant Monument Sign (Type #2)” on State College Boulevard.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
ACTION OF THE PLANNING COMMISSION:
Approved CUP NO. 4141, approved final plans. Negative Declaration previously approved .
REPORT AND RECOMMENDATIONS:
NEGATIVE DECLARATION, SPECIFIC PLAN NO. 90-1 (FESTIVAL SPECIFIC PLAN) –
B11. 155:
REQUEST FOR SUBSTANTIAL CONFORMANCE :
Mark Depew, L.A. Architects, 224 East Olive
Avenue, Suite 305, Burbank, CA 91502, request for determination of substantial conformance to
construct an ATM facility (Bank of America) attached to the existing theater. Property is located
at 8032 East Santa Ana Canyon Road – The Anaheim Hills Festival Center (Edwards Cinemas).
ACTION OF THE PLANNING COMMISSION:
Specific Plan No. 90-1 determined to be in substantial conformance, previously approved
Negative Declaration.
Joel Fick, Planning Director clarified for the Mayor that the proposed ATM facility is not free standing but
part of the building and totally interior.
ITEMS B12 – B19 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 8, 1999 –
INFORMATION ONLY, APPEAL PERIOD ENDS NOVEMBER 30, 1999:
NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT,
B12. 179:
CONDITIONAL USE PERMIT NO. USE PERMIT NO. 4130
OWNER:
Jon M. Dowell, Nancy E. Dowell, Gabriel Patin, Virginia Patin, Shirley Almand,
William U. Almand, Willa Jean Cornett, Wilton B. Abplanalp, Ruth D. Abplanalp, 3335 W.
Lincoln Avenue, Anaheim, CA 92801
AGENT:
Pacific National Development, Attn: Al Marshall, 1041 W. 18th Street #104-A, Costa
Mesa, CA 92627
LOCATION: 3335 – 3345 West Lincoln Avenue.
Property is 2.98 acres located on the north
side of Lincoln Avenue, 1,070 feet east of the centerline of Knott Street (Lazy Living Mobile
Home Park).
To construct a 104-unit affordable senior citizens apartment complex with waiver of (a) permitted
encroachments in setback areas, (b) minimum number of parking spaces, (c) minimum side and
rear landscape setback adjacent to one-family residential developments, (d) maximum structural
height, (e) required elevators, (f) minimum floor area, (g) location of required private storage
areas, and (h) minimum required affordable units.
Continued from Commission meetings of June 21, July 7, August 16, August 30, September 27,
and October 25, 1999.
ACTION OF THE PLANNING COMMISSION:
CUP NO. 4130 granted in part, Waiver of Code Requirement denied, Negative Declaration
approved.
( PC99-191) (6 yes votes, Commissioner Boydstun absent).
Mayor Daly posed a line of questions to staff revolving around his concerns relative to this being an
appropriate land use, i.e. , allowing a senior apartment complex next to a motel that has been
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
problematic, the consequences if the project were to be expanded in the future, etc., which were
answered by both the Planning Director, Joel Fick and Zoning Administrator, Annika Santalahti. Mr.
Fick noted that all the variances requested were subsequently deleted as the project progressed as well
as the fact that the matter would be returning to the Planning Commission under Reports and
Recommendations. There were a number of details in the applicant’s presentation(s) that the
Commission wanted to see. Further, the Planning Commission felt the project would be a benefit to the
neighborhood; there is also another senior project in close proximity.
Ms. Santalahti explained that the existing senior project was formerly an elementary school site. She
also answered additional questions posed for purposes of clarification.
Mayor Daly. He would like to set the matter for a Public Hearing and also asked that staff explore the
potential of the possibility of a larger project since it is in a Redevelopment area and they are trying to
clean up the street frontages; Council Member Feldhaus concurred.
A Public Hearing on Item B12 will be scheduled at a later date.
City Attorney White clarified for Council Member Feldhaus that although the items have a 22-day appeal
period (Items B12-B19), they are on the Council agenda today since the next scheduled Council Meeting
will not be until December 7, 1999. If staff waited to present the items to Council at that time, it would be
too late to set any of the items for a Public Hearing since the time would have expired. However, from
now until the expiration date of November 30, 1999, any two Council Members can set a matter for a
Public Hearing by notifying the City Clerk and the item(s) will subsequently be set.
NEGATIVE DECLARATION , WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
B13. 179:
PERMIT NO. 2469
OWNER:
Myung Skik Yun, 711 South Brookhurst Street, Anaheim, CA 92804
LOCATION: 711 and 733 South Brookhurst Street.
Property is 1.73 acres located on the
west side of Brookhurst Street, 120 feet north of the centerline of Stonybrook Drive ( Brookhurst
Plaza Inn).
Request approval of revised exhibits to remodel an existing 91-unit motel (approved for 107
units) with an accessory restaurant with sales of alcoholic beverages for on-premises
consumption, including the addition of four (three 1-bedroom and one 2-bedroom) suites, a
manager’s unit and the renovation of the existing restaurant with waiver of (a) minimum number
of parking spaces, and (b) required landscape areas adjacent to an interior site boundary line
abutting a residential zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2469 approved revised plans, Waiver of Code Requirement approved, in part,
Negative Declaration approved.
( PC99-19) (6 yes votes, Commissioner Boydstun absent).
NEGATIVE DECLARATION, VARIANCE NO. 4377
B14. 179:
OWNER:
TWA-Anaheim Limited Partnership, 200 Eastlong Lake Road, Bloomfield Hills, MI
48303-0200
AGENT:
Walter Kallaher and Associates, Attn: Jeff Farano, 2300 East Katella Avenue, #235,
Anaheim, CA 92806
LOCATION: 105-125 South Festival Drive.
Property is 85 acres located at the southwest
corner of Santa Ana Canyon Road and Roosevelt Road (The Anaheim Hills Festival,
Development 3).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
Waiver of (a) minimum number of parking spaces and (b) maximum building height to construct
a 4-story, 128-unit hotel.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4377 granted, Negative Declaration approved. ( PC99-193)
(6 yes votes, Commissioner Boydstun absent).
NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT ,CONDITIONAL USE
B15. 179:
PERMIT NO. 4161
OWNER:
Robert L. Siegman and Hilda L. Siegman, 1270 North Grove Street, Anaheim, CA
92806
AGENT:
Paul T. Kott, Attn: Dennis McCullough, 1225 West Lincoln Avenue, Anaheim, CA
92805
LOCATION: 1260 North Grove Street.
Property is 0.96 acres located on the east side of
Grove Street, 575 feet south of the centerline of Miraloma Avenue.
To establish an off-site automobile storage and employee parking lot for an existing automobile
auction facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4161 granted, in part. Waiver of Code Requirement, denied. Negative Declaration
approved. ( PC99-194) (6 yes votes, Commissioner Boydstun absent).
NEGATIVE DECLARATION, VARIANCE NO. 4375
B16. 179:
OWNER:
Richard L. Johnson and Gene H. Johnson, P.O. Box 1759, Blue Jay, CA 92317
LOCATION: 516 West Chestnut Street.
Property is 0.17 acres located on the south side of
Chestnut Street, 220 feet west of the centerline of Harbor Boulevard.
Waiver of (a) minimum dimensions of vehicle accessways , (b) minimum dimensions of parking
spaces, (c) minimum number of parking spaces, (d) minimum building site area per dwelling unit,
(e) required front setback, (f) required structural setback, (g) minimum recreational-leisure area,
and (h) parking precluded from backing onto a public street, to construct a 3-unit apartment
building on the same property with an existing 2-unit apartment building, for a total of 5 units.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4375, denied. Negative Declaration approved. ( PC99-195)
(6 yes votes, Commissioner Boydstun absent).
CATEGORICAL EXEMPTION-CLASS 21, CONDITIONAL USE PERMIT NO. 2231
B17. 179:
OWNER:
American SK Trading Company, Attn: Wenyi Zhang, 831 South Beach Blvd.,
Anaheim, CA 92804
AGENT:
Tom and Wen Yi Zhang, 831 South Beach Boulevard, Anaheim, CA 92804
LOCATION: 831 South Beach Boulevard.
Property is 0.65 acres located on the west side of
Beach Boulevard, 830 feet north of the centerline of Ball Road (Rainbow Inn).
To consider revocation or further modification of Conditional Use Permit No. 2231 to permit a
41-unit, 2-story motel with waiver of maximum structural height.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2231, revoked. Categorical Exemption Class 21 approved.
( PC99-196) (5 yes votes, Commissioners: Arnold and Boydstun absent).
REPORTS AND RECOMMENDATIONS:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
ENVIRONMENTAL IMPACT REPORT NO. 321 ( PREV.-CERTIFIED), FINAL SITE
B18. 155/179 :
PLAN REVIEW NO. 99-04:
Starwood O.C. Portfolio VII, L.L.C., Attn: Randal Bessolo, 150 N.
Wacker Drive, Suite 800, Chicago, IL 60606, requests review and approval of final site plan and
increase in Floor Area Ratio ( F.A.R.) to construct a 4-story office building and parking structure
within the Sports Entertainment Overlay Zone. Property is located at 2045 and 2099 South State
College Boulevard – Stadium Center.
ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Bostwick and
MOTION CARRIED (Commissioner Boydstun absent) , that the Anaheim City Planning
Commission does hereby determine that the previously-certified EIR No. 321 is adequate to
serve as the required environmental documentation for subject request.
Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTION
CARRIED (Commissioner Boydstun absent) , that the Anaheim City Planning Commission does
hereby approve the increase in FAR from 0.50 to 0.91 for this specific development proposal on
this building site located within the Gateway District of the Anaheim Stadium Area Master Land
Use Plan based on the evidence provided in the traffic study and the recommendation of the
Traffic and Transportation Manager that the increase in FAR and corresponding increase in peak
hour trips will not have significant impact on the circulation system beyond that analyzed in EIR
No. 321.
Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTION
CARRIED (Commissioner Boydstun absent) , that the Anaheim City Planning Commission does
hereby approve Final Site Plan Review No. 99-04 for the proposed 4-story office building and
parking structure as indicated in Exhibit Nos. 1 through 20 of Final Plans on the basis that the
submitted site, elevation, landscaping and sign plans are consistent with the Anaheim Stadium
Area Master Land Use Plan the Sports Entertainment Overlay Zone, as well as the design
guidelines for that Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Final Site Plan Review No. 99-04, approved as recommended by staff, EIR No. 321 approved.
RECLASSIFICATION NO. 98-99-15 – REQUEST FOR A NUNC PRO TUNC
B19. 179:
RESOLUTION :
City of Anaheim, Planning Department, 200 South Anaheim Blvd., Anaheim,
CA 92805, requests a nunc pro tunc resolution to correct Resolution No. PC99-151 adopted in
connection with the approval of Reclassification No. 98-99-15. Property is located at 926 South
Beach Boulevard – Lyndy’s Motel and Restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 98-99-15, request for a nunc pro tunc Resolution approved. ( PC99-190).
Mayor Daly recommended that the Council consider Item D3. before Item D1. since it would undoubtedly
be of short duration.
PUBLIC HEARING - ABANDONMENT NO. 99-7A :
D3. 176: In accordance with application filed by
James J. Rodriguez, et al, 900 West Broadway, Anaheim, CA 92805, a Public Hearing was held on the
proposed abandonment of a portion of the alley located south of Broadway, between Ohio Street and
Indiana Street, pursuant to Resolution No. 99R-210 duly published in the North Orange County News and
notices thereof posted in accordance with law.
Report of the City Engineer dated September 27, 1999 was submitted recommending approval of said
abandonment.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
At their meeting of October 19, 1999, the Anaheim City Council adopted Resolution No. 99R-210
declaring its intention to vacate certain public streets, highways and service easements and setting a
date and time to consider the subject abandonment.
Natalie Meeks , Civil Engineer, Public Works. This abandonment was requested by adjacent property
owners since the area is no longer needed for circulation. Staff is recommending approval and is
working with Redevelopment to fence off the area to prevent loitering. She clarified for the Mayor that
the alley would eventually become a part of the residential properties – one-half of the property going to
the owners on Broadway and one-half to those on Ohio.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being
no response, he closed the Public Hearing.
ENVIRONMENTAL IMPACT REPORT – CATEGORICAL EXEMPTION : On motion by Mayor Daly,
seconded by Council Member Kring , the City Council determined that the proposed activity fall within
the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, Categorically Exempt form the requirement to file an
EIR. Council Member McCracken was absent. MOTION CARRIED.
Mayor Daly offered Resolution No. 99R-234 for adoption. Refer to Resolution Book.
RESOLUTION NO. 99R-234 : A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN
PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS
(ABANDONMENT NO. 99-7A).
Roll Call Vote on Resolution No. 99R-234 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, Daly
NOES: MAYOR/COUNCI L MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : Mc Cracken
The Mayor declared Resolution No. 99R-234 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4135, NEGATIVE
D1. 179:
DECLARATION AND WAIVER OF CODE REQUIREMENT
OWNER:
Joseph T., Emma W., Roger and Randy Jung, 20866 East Quail Run Drive, Diamond
Bar, CA 91789
Location:
5555-5665 East Santa Ana Canyon Road. Property is 5.03 acres located at the
northwest corner of Santa Ana Canyon Road and Imperial Highway (Imperial Canyon Shopping
Center).
To construct 1 retail pad building with roof-mounted equipment, subdivide one unit into an office
and retail unit (for a total of 2 units), and amend conditions of approval pertaining to permitted
monument signs and maximum number of units in an existing commercial center with waiver of
(a) minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 4135 approved in part, denied request for freestanding retail pad Building Y with roof-
mounted equipment. (6 ayes, 1 vacant seat)
Negative Declaration approved. Waiver of Code Requirement approved.
Informational item from the November 2, 1999 meeting, Item B5.
Letter of appeal submitted by owner.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : November 4, 1999
Mailing to property owners within 300 feet : November 4, 1999
Posting of property : November 5, 1999
Annika Santalahti , Zoning Administrator briefed the Staff Report to the Planning Commission dated
October 11, 1999 which outlined the subject proposal as well as the actions of the Planning Commission
in approving Conditional Use Permit No. 4135, in part, but denying the request for a freestanding retail
pad (Building Y) with roof-mounted equipment. She clarified for the Mayor that the Commission also
approved expansion of Don Jose’s Restaurant, denied the request to amend the signage thereby leaving
it as is, and approved the parking waiver.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant’s agent.
Applicant’s Statement : Mr. Joseph Kung requested that the residents speak first because they had to
leave.
Stefanie Perry, 5949 E. Avenida Arbol , Anaheim representing Concerned Citizens of the Canyon stated
they have taken the time to review the proposal for Building Y and have talked to many residents. They
find that proposed Building “Y” is an acceptable use. It is a single-story building and will not affect the
residents behind the center. To their knowledge, those residents are not opposed to the extra building.
They are asking the Council to reconsider the decision of the Planning Commission and allow Mr. Kung
to build the building. Relative to their feeling on the signage request (questioned by Mayor Daly), the
existing signage is on Avenida Margarita and only residents or people going to the Post Office can see
the sign. She does not see a problem nor do the residents allowing Mr. Kung to put a sign at the
intersection (Imperial and Santa Ana Canyon Road.)
Joseph Kung, Applicant, owner of Imperial Canyon Shopping Center. He first submitted material entitled
– Anaheim Hills Imperial Canyon Shopping Center – Video Camera Traffic Study – Surrounding Street
View – made a part of the record. (The first three pages consisted of colored photos with appropriate
descriptive narrative; two site plans of the Imperial Canyon Center, one revised April 18, 1999 and one
revised September 28, 1999; letter from Mr. Kung dated 12/8/98 to David See, Planning and Alfred
Yalda , Traffic Engineer; enlarged site plan showing only a portion of the center including Building Y, and
letter dated October 29, 1999 from Yunus Rahi , Mr. Kung’s Traffic Engineer.) In the second Public
Hearing before the Planning Commission, it was very late when his item was considered and the
Planning staff asked which three signs he wanted. Without thinking, he dropped the corner sign and
subsequently his tenant told him he wanted the corner sign. That is why he came back to ask for the
corner sign and drop the Avenida Margarita sign. Both the second and last staff report suggested
dropping the one at the main entrance (Santa Ana Canyon Road - SACR). Staff never objected to the
one on the corner. He is asking for signs at the three locations and dropping the one at Avenida
Margarita. If not, he will drop the main entrance sign ( SACR) which is per staff recommendation.
Mr. Kung then briefed his eight-page submittal in detail (see narrative pages 1, 2 and 3 of his submittal)
emphasizing what he considers key issues, one being that his Traffic Engineer (see letter dated
10/29/99) certified that the new entrance to an existing shopping center will not generate additional
customer traffic. Instead of the video which he had previously wanted to show to the Council, he is trying
to show/explain in his submittal the traffic flow pattern. In particular, he requested that the Council read
the letter by his Traffic Engineer. In continuing his extensive and detailed presentation, Mr. Kung
explained what occurred at the previous Planning Commission hearings, his contacts with staff and what
occurred, and briefed portions of three sets of documents, i.e., staff reports of January 20 regarding his
first application, July 7, 1999, the second rejection and October 11, 1999, the third rejection. He also
outlined the differences between each of his proposals and also read what he believed to be conflicting
statements.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
In concluding, Mr. Kung stated his latest application is much better than the second approval. He
dropped the restaurant, creating less demand on traffic and the same amount of parking. If the
Commission approved the second proposal, he questioned why did they reject the third proposal. He
urged the Council to reconsider the matter. The reason he needs the approval, on the new entrance, he
will be obligated to pay over $80,000 according to arbitration plus all the improvements and the
construction costs coming close to $150,000. He questioned why he should spend that money without
any benefit. It creates only nine trips an hour according to the formula while a restaurant requires more.
His proposal is for the benefit of everyone and he again asked their reconsideration of the application.
Jim Francise, 5574 E. Edgemar Ave., Anaheim. He lives behind the center. He wished he had the
opportunity of meeting the other residents before they left especially to question the comment about the
neighbors not being concerned. Stefanie Perry does not live in the area. He is convinced the proposal is
going to make the neighborhood worse. Santa Ana Canyon Road is always congested with cars and to
put in an extra cut will add to that as well as the extra square footage proposed. He does not believe
much more can be added to the center. When everything closes, restaurant workers and office workers
“hang out” in the center late at night and the neighbors have had to call the Police. He was pleased that
the two-story building proposal “disappeared” and would like to see the same for Building “Y”. He
clarified he was speaking on behalf of the neighborhood. He further clarified for the Mayor that he does
not see any harm in expanding Don Jose’s, he does not see how the parking waiver was approved, they
are opposed to the sign relocation and are definitely opposed to Building Y.
Applicant’s Closing Statement : Joe Kung. He believes he has resolved the traffic problem. The traffic
on Avenida Margarita is from the Post Office and not his shopping center. The hours of working, the
number of parking spaces and the trips are very much within the tolerance. He is going to eliminate the
canopy of the bank which will gain 20 parking spaces. The new building will have additional spaces
surrounding it. The whole proposal is a positive and not a negative.
Mayor Daly closed the Public Hearing following which questions were posed to staff by Council Members
regarding signage and parking which were answered by Ms. Santalahti ; Council Member Feldhaus also
referred to the letters received with complaints regarding the center referring to congestion, lack of
parking, unsanitary conditions behind one of the restaurants, opposition to the new building, etc., which
Mr. Kung addressed stating they try to keep the center as clean as possible and answer any concerns as
soon as possible but these have nothing to do with Building Y.
At the conclusion, Mr. Fick, the Planning Director stated that staff is in agreement this is not a parking
space issue. The larger issue staff has focused on is the access way through the site in proximity to the
existing or proposed Building Y would only be 2’ away. In addition, the two drive-through lanes for the
bank would be dumping into that one-way 12’ access way coming in off Imperial. It is purely a site-
design issue that Mr. Kung is trying to work in between two buildings that staff feels is too tight. The
driveway can be constructed with or without Building Y and has been OK’d by the City. The transaction
is still being finalized. A driveway on Imperial in that location has already been approved by Public
Works.
Council Member Tait . Once the driveway enters the center, he believes, is the problem. He asked staff
if they had any comments.
John Lower, Traffic and Transportation Manager. If it is a question of is there a need for the internal
driveway to extend through to Building Y, the answer is yes. Without it, traffic entering from Imperial
would be forced to make either a right or left turn creating potential conflicts with vehicels in the parking
spaces backing out and delaying the vehicles entering the center and backing up traffic onto Imperial.
Council Member Kring asked if there was another place to put Building Y – the same location but
“pushed” somewhere else so it does not create the narrowness that is of concern; Annika Santalahti.
From a Zoning point of view there is a bit but the setback requirement to single family residential would
make it difficult if it is moved further west. She assumes that Mr. Kung has looked at other possibilities.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
Joe Kung. This is the first time he ever heard about being 2’ too narrow. He can easily extend 4’ to 5’ by
just cutting down on the other side – the Wells Fargo Bank side – shifting the driveway; Mr. Fick clarified
he said it is 2’ from the proposed building.
Mayor Daly. Generally on such a prominent location, they have detailed plans. He asked if there is a
rendering of the building. (Ms. Santalahti presented a drawing to the Council.)
Coucil Member Kring stated she would like to send Mr. Kung back to the Planning Department to work on
the signs and the site of the building; Mayor Daly questioned whether they will then again spend two
hours on the issue. He feels Mr. Kung owes it to the City to provide a specific description of what he
intends to build.
Council Member Kring . She would like to continue the matter and have Mr. Kung work with Mr. Fick and
his staff to come up with a workable agreement; Council Member Feldhaus. He wants it sent back to the
Planning Commission.
Mayor Daly. He is concerned that, for such a prominent corner, there is no architect or engineer who has
ever talked to Planning staff about what the building will look like. They should ask that a licensed
architect and licensed engineer be a part of the design process so that everyone knows what is on the
table. Perhaps the whole thing could go back to the Planning Commission ; Ms. Santalahti. Staff could
discuss revised plans and take revisions back to the Planning Commission for the Commission to make
a recommendation to the Council for a final decision.
Council Member Kring asked Mr. Kung if he would be willing to work with the Planning Commission ; Mr.
Kung stated that all his drawings were done by professional engineers and reviewed and accepted by the
City.
Jim Francise. This issue has been going on for a very long time and the citizens are getting worn out.
He asked if they will have to talk to the Planning Commission next or come to the Council’s next
meeting; Council Member Feldhaus suggested he check with the City Clerk’s office to find out when it
will be back on the Council agenda.
City Attorney White. The matter can be referred back to the Planning Commission for a
recommendation, but the final decision will be made by the Council since jurisdiction is now in the hands
of the Council; Ms. Santalahti stated she feels it should be continued until the first meeting in January.
MOTION. Council Member Feldhaus moved to continue Conditional Use Permit No. 4135 to January
11, 2000. Council Member Kring seconded the motion.
Before a vote was taken, Mayor Daly asked, for clarification purposes, what the Council would like to see
happen between now and January 11, 2000. He surmises they want the proposal to
go back to the Planning Commission and set on their calendar and have Mr. Kung work through the
details with Planning staff as to where there is disagreement; there was Council consensus.
Mayor Daly. He noted nobody has spoken about wanting to have details on the architecture before a
vote. They don’t have specific architectural guidelines for this part of Anaheim Hills. The staff report
mentions concern about lack of architectural details. He questioned how is Mr. Kung to know what will
make the Planning staff happy and ultimately the Council when designing a building.
Joel Fick . In this instance, staff recommended the building as proposed was not appropriate. On a
project like this they would typically be looking for building compatibility. There have been a number of
revisions on this particular site plan and he would have to talk to the Planners invovled for their input.
He believes that is the level of detail that should be demonstrated by the applicant ; Mayor Daly. He
expressed concern that Mr. Kung is disputing staff. Staff should put in writing what he (Kung) needs to
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
do to meet good planning in the eyes of the Planning Commission. Either they are going to have
architectural suggestions or it is going to be complete free enterprise. Having a “gray” area does not
work. If the Council approves this project tonight, they will not even know what it was going to look like.
Council Member Tait . Staff recommended denial in part because detail designs were not submitted.
Staff is saying they don’t like the project for a few reasons, one being circulation. He has problems with
that as well. He would not be unwilling to send this back for a continuance to see if there is something
Mr. Kung can do with staff to make this work.
Joel Fick . Typcially on proposals, staff would be getting more detailed architectural drawings. Typically
that is what Planning Commission and Council would receive. Historically, the Planning Commission
and Council have not wanted to move into that area. If the Council wishes to do so they can do that.
After additional discussion between Council Members and Mr. Fick, Ms. Santalahti suggested in this case
what staff can do when it comes back to the Planning Commission, they can send out notices of that
th
meeting. While it may be December 6 , it may be the following meeting which will still be OK to meet
the January 11, 2000 hearing date before the Council.
A vote was then taken on the foregoing motion continuing the Public Hearing to January 11, 2000.
Mayor Daly voted no for reasons previously stated in the discussion. Council Member McCracken was
absent. MOTION CARRIED.
Later in the meeting, Mayor Daly, again addressing the subject of architectural details, stated he believes
that applicants abuse the process. He does not think there is a majority of the Council that is even close
to wanting design review. However, if there is a majority of the Council that does not want any
architectural detail, or if they want some architectural detail, or to have staff recommend a certain
amount of architectural detail, he would like to know that so they can be as clear as possible. What
annoyed him about the foregoing hearing was Mr. Kung saying he had not heard parts of staff’s analysis.
It should be “black and white” as to what documents he was asked to submit and did not submit. In a city
the size of Anaheim, it seems to him, some type of architectural renderings are reasonable for a
shopping center owner to submit but if the Council does not want those, they should decide that as
Council policy.
Council Member Tait . He would like flexibility. He agrees relative to this intersection but if a small
industrial park , he would not like to have the same standard apply.
CONDITIONAL USE PERMIT NO. 4133, NEGATIVE DECLARATION
D2. 179:
OWNER:
Lawrence A. Greco, P O Box 6605, Woodland Hills, CA 91365-6605
AGENT:
Richard Garcia, 1687 West Lincoln Avenue, Anaheim, CA 92801
LOCATION:
1695 West Lincoln Avenue. Property is 0.44 acres located at the northeast corner
of Euclid Street and Lincoln Avenue.
To permit an auto repair, auto body and paint facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 4133 granted, to expire December 31, 2001 (5 yes votes, Commissioners : Bostwick,
Boydstun, Bristol, Napoles, Vanderbilt. 1 nay, Commissioner Koos and 1 vacant seat)
Negative Declaration approved.
Informational item from the October 19, 1999 meeting, Item B1.
Set for public hearing by Council Member Feldhaus and Mayor Daly.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : November 4, 1999
Mailing to property owners within 300 feet : November 4, 1999
Posting of property : November 5, 1999
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
Mayor Daly. The reason he requested that the matter be set for a Public Hearing, Planning staff
recommended an expiration date of September, 2000 and the Planning Commission granted the CUP to
expire December 31, 2001. He is suggesting that because of the background history at this corner where
there has been blatant disregard of the City’s zoning and frequent Code Enforcement activities, that the
time period not extend until December 31, 2001. He is willing to split the difference and is going to
suggest that expiration be July 1, 2001. All the other conditions he believes are fair and reasonable.
The Planning Commission asked Planning staff to review the potential of rezoning this section of Lincoln
Avenue. This is a neighborhood in transition. He feels for that reason, they need to be conscious in
extending a use that has been a problem. The bottom line for him, he is suggesting that the CUP be
extended until July of 2001.
Council Member Feldhaus . He suggested during the interim period, that they contact the Community
Development Department to see if they could help the business find a spot to relocate that would be
suitable for the operatioin of the business. In their letter, they state they need at least two years from the
date of approval. He questioned why they would spend the money to make improvements if approval is
for only one year and then the business would have to leave. Financially it is not feasible to make all the
improvements and then stay only for one year. He did advise the petitioner to contact Community
Development and find another location. There was a promise they would not have vehicles parked
outside at night. However, when he went by the business on Sunday, he noted two vehicles parked
outside facing Euclid.
Mayor Daly. He asked Council Member Feldhaus if he was comfortable with the December 31, 2001
extension granted by the Planning Commission. Planning staff recommended one year. If he
( Feldhaus) is comfortable with two years, he will withdraw his suggestion.
Council Member Feldhaus . The applicant is claiming they need two years. If they don’t have to make all
the improvements, then he feels the 1 ½ years as suggested by the Mayor is fine; Council Member Kring
would like to hear from the applicant. She has a problem with Condition 14.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant’s agent.
Applicant’s Statement : Mr. Richard Garcia, 522 Brigante Drive, Diamond Bar, President of Auto Trend
International. His request for a two-year CUP is based upon the improvements that he is willing to make
on the property which he has already started. He has stopped parking vehicles overnight on the lot. The
lot is open to the public in the evenings. If someone parks there, he has no control over that although he
has signs posted requesting that they do not do so or will be towed away. Last year his business did a
little over $2.7 million in sales. He has 20 full-time employees , he provides their medical insurance, a
great percentage live in Anaheim. He spends over $1.5 million in local stores in Anaheim. He asked
their approval of the Planning Commission’s two-year extension to December 31, 2001.
Council Member Feldhaus . They appreciate his business and its success and that is the reason why he
suggested the applicant talk to Community Development. He asked if Mr. Garcia was still negotiating
with Caltrans ; Mr. Garcia. Caltrans has said it will be 18 months to two years before they open up the
property for bidding. He has also been talking to the Commercial Division of Paul Kott Realtors of
Anaheim. His business has to be within a certain area in order to keep his contract.
Council Member Kring . Relative to Condition 14, the applicant said the expense of removing one of the
driveways would be far too costly for only a two-year period ; Joel Fick. He clarified that the Planning
Commission upon hearing the full Public Hearing and considering the nearby freeway improvements,
they deleted Condition 13 and 14 from their resolution.
Mayor Daly closed the Public Hearing.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 16, 1999
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Mayor Daly,
seconded by Council Member Kring, the City Council approved the Negative Declaration upon finding
that it has considered the Negative Declaration together with any comments received during the public
review process, and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment. Council
Member McCracken was absent. MOTION CARRIED.
Roll Call Vote on Resolution No. 99R-235 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : Mc Cracken
The Mayor declared Resolution No. 99R-235 duly passed and adopted.
COUNCIL COMMENTS:
Council Members extended their condolences to Council Member McCracken and her family and friends
on the passing of her mother, Marian Elizabeth Heimann; Council Member Tait asked that they adjourn
the meeting in memory of Mrs. Heimann.
* * * * * * * * * * * * * * * * * * * *
Mayor Daly and Council Members wished everyone a happy and healthy Thanksgiving Day!
* * * * * * * * * * * * * * * * * * * *
Mayor Daly and Council Member Feldhaus reminded the citizens and the public of the Third Nutcracker
Holiday Festival and Annual Christmas Tree Lighting which will take in the public square in front of the
Disney Ice facility on Friday, December 3, 1999 starting at 5:00 P.M. with the actual tree lighting to take
place at approximately 6:15 P.M. They also described some of the events that will take place at the
Festival.
ADJOURNMENT: By general Council consent, the City Council Meeting of November 16, 1999 was
adjourned in memory of Council Member Shirley McCracken’s mother, Marian Heimann (9:40 P.M.).
No Council Meetings are scheduled for November 23 and November 30, 1999. The next scheduled City
Council Meeting is December 7, 1999.
27