1999/09/28ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 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:
PRESENT: ASST. CITY MANAGER : Tom Wood
CITY ATTORNEY : Jack White
CITY CLERK : Sheryll Schroeder
ASST. CITY CLERK : Ann Sauvageau
HUMAN RESOURCES DIRECTOR : Dave Hill
GENERAL MANAGER CONVENTION CEN TER: Greg Smith
PLANNING DIRECTOR : Joel Fick
ZONING DIVISION MANAGER : Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:23 p.m. on
September 28, 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:
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
: 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).
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
2.
54956.9(c) – Anticipated Litigation:
Number of potential cases :
one.
CONFERENCE WITH LABOR NEGOTIATORS:
3.
Agency designated representatives
: David Hill, Jim Ruth
Employee organization
: Anaheim Fire Association
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
4.
CODE SECTION 54956.8:
Property:
land within the vicinity of Jeffrey Drive and Lynne Avenue
Agency negotiator :
Tom Wood, Acting Housing Authority Executive Director
Negotiating parties :
Anaheim Housing Authority and 35 property owners
Under negotiations :
Price and terms of land acquisitions
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
5.
CODE SECTION 54956.8:
Property:
5.77 acres at Southwest corner of Broadway and Manchester
Agency negotiator :
Tom Wood, Acting Executive Director of Community Development
Negotiating parties :
City of Anaheim and American National Properties, Inc.
Under negotiations :
purchase price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
6.
CODE SECTION 54956.8:
Property:
604 S. Lemon Street
Agency negotiator :
Tom Wood, Acting Executive Director of Community Development
Negotiating parties :
City of Anaheim and M. Bengochea
Under negotiations :
purchase price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
7.
CODE SECTION 54956.8:
Property:
Gotcha Glacier, east of State College and south of Katella Avenue.
Agency negotiator :
Tom Wood, Acting Executive Director of Community Development
Negotiating parties :
City of Anaheim and Glacier of Anaheim, LLC.
Under negotiations :
lease terms
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
8. :
Title:
City Attorney, City Treasurer
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the motion.
MOTION CARRIED.
AFTER RECESS:
Mayor Daly called the regular Council meeting o f September 28, 1999 to order at 5:45 p.m. and
welcomed those in attendance.
INVOCATION: Pastor Rick Dana, from the Cornerstone Foursquare Church gave the invocation.
FLAG SALUTE:
Council Member McCracken led the assembly in the Pledge of Allegiance t o the Flag.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $6,429,174.77 for the period ending
September 28, 1999, in accordance with the 1999-2000 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. (5:47
p.m.).
Mayor Daly reconvened the City Council Meeting. (5:49 p.m.).
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
ITEMS OF PUBLIC INTEREST:
Seferino Garcia, 1233 Diamond Street, Anaheim. He is speaking relative to the proposed Ross Park at
Walnut and Santa Ana Streets. For the last seven years, the community members in that area took it
upon themselves to canvass the area to determine the needs of the community and they concluded a
park was needed. He explained what they had done and accomplished resulting in the creation of a
Neighborhood Council that became part of the Community Development Block Grant (CDBG) process.
They also worked hard to develop a community center on the land. Last night a meeting was held at the
Central Library to discuss final plans for the park, and the community center was left out of those plans.
There are also no lights for the baseball field and basketball courts. They feel that Parks and Recreation
staff are undermining the community. He explained what took place at the meeting. Staff’s argument
relative to the community center was that it would be too close to the new downtown center. He
emphasized Anaheim needs more than one community center. Although it is a beautiful facility, 80% of
its use is for Senior Citizens and there is no room for other organizations. It also costs $150 for
organizations to belong to the center. It is impossible for the kids to pay for activities. He is asking for a
meeting with members of the Council, HUD, Bertha Chavoya (Housing Authority) and other members of
Charis Jarvi’s staff in Parks and Recreation. He has with him what was passed out last night (which was
submitted) and the plans do not even include anything that was the original intent.
* * * * * * * * * * * * * * *
Mark Castillo , 1431 W. Chateau, Anaheim. Relative to what Mr. Garcia said, he believes the area needs
to be looked at. He suggested that they all sit down and talk about it. He is for a community center at
that location.
* * * * * * * * * * * * * * *
Savas Roditis , 1070 W. Katella Avenue, Anaheim. Two months ago, staff hired an economist to assist in
the analysis of the taxi-cab industry. He would like to know how much money the City has spent for this
assistance. He would also like to know who made the motion to hire the economist.
Mayor Daly stated he will have the City Manager provide the information.
* * * * * * * * * * * * * * *
Sally White, Anaheim resident. A few minutes ago, she was handed a note to read for a Mr. Patel, 450
S. Loara St., Anaheim who indicated he is unable to speak. He is present to deliver a letter from Dr.
DeSai and has also left a copy of the letter with the City Clerk. He is asking that the Council respond in a
reasonable time ;Mayor Daly stated they all had a copy of the letter.
PUBLIC COMMENTS – AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of September 28, 1999. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A21:
On motion by Mayor Daly,
seconded by Council Member McCracken , the following items were approved in accordance with the
reports, certifications and recommendations furnished each Council Member and as listed on the
Consent Calendar; Mayor Daly offered Resolutions Nos. 99R-202 through 99R-206 , both inclusive, for
adoption. Refer to Resolution Book.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as r ecommended:
a. Claim submitted by Ellen L. Pook, c/o Valerie K. deMartino, Esq. for bodily injury sustained
purportedly due to actions of the City on or about February 10, 1999.
b. Claim submitted by Ramada Maingate Saga for property damage sustained purportedly due
to actions of the City on or about July 21, 1999.
c. Claim submitted by Tom Dolores, Thomas Michael Cruz, et al., c/o Richard L. Keller, Esq. for
bodily injury sustained purportedly due to actions of the City on or about January 6, 1999.
d. Claim submitted by Elena, Maria & Jose DeAnda, c/o Richard L. Keller for bodily injury and
sustained purportedly due to actions of the City on or about January 6, 1999.
e. Claim submitted by Connie, Adrian, Casey Mary, Arthur, Veronica Cardenas, c/o Richard L.
Keller, Esq. for bodily injury sustained purportedly due to actions of the City on or about January
6, 1999.
f. Claim submitted by Patty, Ronald, Eric, Andy, Christopher Fernandez, Francis Reyes &
Audrey Silva, c/o Richard L. Keller, Esq. for bodily injury sustained purportedly due to actions of
the City on or about January 6, 1999.
g. Claim submitted by Norma, Eustolia, Adrian, Veronica, Christina, Rebecca Juarez & Ryan
Tyler Tisher, c/o Richard L. Keller, Esq. for bodily injury sustained purportedly due to actions of
the City on or about January 6, 1999.
h. Claim submitted by Gloria & Miguel Ramos, c/o Richard l. Keller, Esq. for bodily injury
sustained purportedly due to actions of the City on or about January 6, 1999.
i. Claim submitted by Ralph, Bonnie, Angela, Clarissa, Venessa Covarrubias, Rosie Silva,
Eilene R. & Bobby Mendoza, c/o Richard L. Keller for bodily injury and sustained purportedly due
to actions of the City on or about January 6, 1999.
j. Claim submitted by Richard, Celia, Richard Jr., Anthony, Monique Moreno & Gabriel Henao,
c/o Richard L. Keller for bodily injury sustained purportedly due to actions of the City on or about
January 6, 1999.
k. Claim submitted by Jose, Christina, Joseph, Jesse de la Torre & Natalie Gallegos, c/o
Richard L. Keller, Esq. for bodily injury sustained purportedly due to actions of the City on or
about January 6, 1999.
l. Claim submitted by Diane & Rena Torres, c/o Richard L. Keller, Esq. for bodily injury
sustained purportedly due to actions of the City on or about January 6, 1999.
m. Claim submitted by Daniel & Benito Trejo, c/o Richard L. Keller for bodily injury and
sustained purportedly due to actions of the City on or about January 6, 1999.
n. Claim submitted by Maria Estella, Sammy, Vicente Trejo & Damian, Emilia & Joe
Miramontes, c/o Richard L. Keller, Esq. for bodily injury sustained purportedly due to actions of
the City on or about January 6, 1999.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
o. Silvia Miramontes, Arturo, Pedro & Adriana Torres for bodily injury sustained purportedly due
to actions of the City on or about January 6, 1999.
p. Claim submitted by David G. & Ester Garcia, c/o Richard L. Keller, Esq. for bodily injury
sustained purportedly due to actions of the City on or about January 6, 1999.
q. Claim submitted by Gloria J., Yolanda, Joseph Moreno, Frankie A. Cazessus & Michael L.
Arroyo, c/o Richard L. Keller for bodily injury and sustained purportedly due to actions of the City
on or about January 6, 1999.
r. Claim submitted by Carmen, Elias, Oscar, Adrian Jr., Yanet Figueroa & Alex Bahena, c/o
Richard L. Keller, Esq. for bodily injury sustained purportedly due to actions of the City on or
about January 6, 1999.
s. Claim submitted by Juana & Aurelio Mares for bodily injury sustained purportedly due to
actions of the City on or about January 6, 1999.
t. Claim submitted by Bernice Tovar, Gilbert Flores, Raymond Tovar & Paul Hayden, c/o
Richard L. Keller, Esq. for bodily injury sustained purportedly due to actions of the City on or
about January 6, 1999.
A2. 173: Receive and file notice of meeting and agenda of the El Toro Airport Citizens Advisory
Commission.
156: Receive and file the Anaheim Police Department Crime and Clearance Analysis for the
month of August, 1999.
175: Receive and file an amendment to the application filed by Blue Bird Bus Co., LLC. with the
Public Utilities Commission.
117: Receive and file the Investment Portfolio Report for the month of August, 1999, as
submitted by the City Treasurer.
A3. 123: Approve a Cooperative Agreement with the City of Garden Grove for the Katella Avenue
Street Rehabilitation Project from Nutwood Avenue to the west City limits and authorize the
Mayor and City Clerk to execute said agreement.
A4. 158: RESOLUTION NO. 99R-202 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.
A5. 176: RESOLUTION NO. 99R- 203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to abandon a sanitary sewer easement located on Douglass
Road south of Katella Avenue (Abandonment No. 99-9A) (Suggested public hearing date:
November 2, 1999).
A6. 160: Accept the bid of Virco Manufacturing Corporation, in the amount not to exceed $224,800,
for four thousand stack chairs for the Convention Center expansion area, in accordance with Bid
#5977.
A7. 123: Waive Council Policy 306 and authorize the execution of an Agreement with PRC Public
Sector, Inc., in an amount of $84,872 for a software interface to the Police Department’s radio
base station communications system upgrade.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
A8. 123: Waive Council Policy 306 and authorize the execution of an Agreement with Motorola, Inc.,
in the amount of $554,236 for the upgrade to the Police Department’s radio base station
communications system upgrade.
A9. 128: Approve an adjustment to Fiscal Year 1998/99 Budget by increasing expenditure
appropriations to General Fund Account 101-102-1143-7832 by $46,000 and General Fund
Account 101-103-1151-7815 by $224,000.
A10. 128: Approve carry-over revenue and expenditure appropriations of $5,229,867 from the
1998/99 fiscal year.
A11. 123: Approve a first amendment to the Sponsorship Agreement with the Anaheim Area Credit
Union to install two automated teller machines within the new interior lobby of the expanded
Convention Center.
Mayor Daly posed questions relative to the revenue possibilities of allowing someone other than the
Credit Union to install the proposed ATM’s; Greg Smith, General Manager/Convention Center explained
the arrangements made with the Anaheim Area Credit Union and also confirmed that it was the best
arrangement they could find and are very happy with it.
A12. 123: Approve the Community Development Block Grant Subrecipient Agreements with 1) Fair
Housing Council of Orange County, in the amount or $69,960; 2) Boys and Girls Club of
Anaheim, Inc., in the amount of $83,210; 3) Anaheim Interfaith Shelter in the amount of $50,000;
4) Feedback Foundation in the amount of $44,000; and 5) Episcopal Services Alliance in the
amount of $30,000, and authorize the Executive Director of Community Development to execute
the agreements.
A13. 123: Approve a Professional Services Agreement with Willdan Associates in the amount not to
exceed $150,000 for temporary staff support services to the Redevelopment Agency and
Housing Authority staff for project area management and planning and authorize the City
Manager to execute the agreement.
A14. 123: Approve an Agreement with the International Brotherhood of Electrical Workers, Local 47
(IBEW), to contract for the services of, a City of Anaheim employee to work as part of the Union
staff for 12 months and authorize the Mayor and City Clerk to execute the agreement.
A15. 123: Waive Council Policy 306 and authorize the Human Resources Director to execute an
Agreement with Wellness Solutions to provide a fitness/wellness program for Anaheim Police
Officers as provided for in the Memorandum of Understanding between the Anaheim Police
Association and the City.
Council Member Feldhaus posed a line of questions relative to the subject which were answered by Dave
Hill, Human Resources Director who noted this was a follow up to the 1998 three-year agreement with
the Anaheim Police Association. He then explained what the agreement entailed and the benefits
Council Member Feldhaus. He would think every Police Officer in the City would be concerned about
their health. There is a City-wide health fitness program (Health Improvement Program – HIP). He feels
that a $75,000 expenditure to provide supplies, materials, furniture, etc., could be better spent than for
an on-site fitness program administrator.
Council Member Tait asked for clarification that Mr. Hill was saying this on-site fitness program
administrator is a requirement in the Police Association contract ;Mr. Hill answered this has been an issue
in Police negotiations for at least six years. During the last agreement, the Council authorized a specific
reopener during this time frame, July through December, in order to finally sit down, evaluate and
recommend a bilateral program that both the Police Officers and the City believe will improve health
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
and fitness of the Police Officers at a reasonable cost. This is the mutual recommendation he is
submitting this evening for consideration.
Mayor Daly. He suggested a one-week continuance of the item; Council Member Tait stated he would
support that and also, staff is requesting waiving of Council Policy 306 which requires competitive
bidding. He is not sure that is a good idea. He would like to see other bids.
Dave Hill. Their only recommendation for that was the recency of the competitive bidding on the Health
Improvement Program and they don’t expect the market place to have changed dramatically.
Mayor Daly. He believes providing the Council some of the most recent results or observations
regarding the exisitng HIP and effectiveness of the contractor will be helpful in making the decision.
MOTION. Mayor Daly moved to continue item A15 for one week. Council Member Feldhaus seconded
the motion. MOTION CARRIED.
A16. 156: RESOLUTION NO. 99R- 204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the Chief of Police, on behalf of the City of Anaheim, to file an
application with the U.S. Department of Justice, Office of Justice Programs, for the 1999 County
and Municipal Agency “Domestic Preparedness Equipment Support Program,” and authorize the
Chief of Police to execute all required grant documents.
A17. 175: RESOLUTION NO. 99R- 205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending rates, rules and regulations for the sale and distribution of electricity as
adopted by Resolution No. 71R-478 and most recently amended by Resolution No. 99R-141.
A18. 126: Approve an increase to the Public Works Department revenue and expenditure
appropriations by $3,161,895 in the Resort Maintenance District Fund.
Tom Wood, Assistant City Manager explained for the Mayor that the first Annual Property Owner’s
Meeting was held this morning. It was the opportunity to elect members to the seven-member Advisory
Board and an opportunity to review the different steps they are taking to renew the Resort Area.
A19. 114: Approve minutes of the Anaheim City Council meeting held August 24, 1999.
A20. 129: RESOLUTION NO. 99R- 206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing submittal of an application for and acceptance of a grant from the
California Integrated Waste Management Board for a used oil recycling program and authorizing
the Fire Chief to take any and all actions necessary to implement the program
A21. 161: Receive and file a Disclosure of Property Interests in Redevelopment Areas as submitted
by Assistant City Manager, Tom Wood (Acting Redevelopment Agency Executive Director).
Roll Call Vote on Resolution Nos. 99R-202 through 99R-206, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution Nos. 99R-202 through 99R-206, both inclusive, duly passed and
adopted.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
END OF CONSENT CALENDAR. MOTIONS CARRIED.
BOARDS AND COMMISSIONS
DECLARING A VACANCY ON THE COMMUNITY SERVICES BOARD:
A22. 105:
Request of the Community Services Board to remove Board Member Michael
Edmiston from his appointed seat due to non-attendance at meetings. (Term ending June 30,
2000).
Mayor Daly. The Council has a staff report which describes the background of the recommendation. It
comes to them from the Community Services Board. It appears that there has simply been a complete
fall-off in activity in this case.
MOTION. Mayor Daly moved to remove Board Member Michael Edmiston from his appointed seat due
to non-attendance at meetings, declaring a vacancy on the Board, and directing the City Clerk to post a
Notice of Unscheduled Vacancy for the term ending June 30, 2000. Council Member McCracken
seconded the motion. MOTION CARRIED.
Council Member Tait expressed appreciation for Mr. Edmiston’s participation on the Board and
appreciation from the Council ; Mayor Daly. He asked the City Clerk to follow up in the usual manner.
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 9, 1999 – DECISION
DATE : SEPTEMBER 16, 1999
INFORMATION ONLY – APPEAL PERIOD ENDS OCTOBER 1, 1999:
VARIANCE NO. 4367 AND CEQA NEGATIVE DECLARATION
B1. 179: :
OWNER:
Walgreens Company, 128 South State College Boulevard, Anaheim, CA 92806
Timothy J. and Daryldine Brunst, 34205 Doheny Park Road, Capistrano Beach, CA 92624
Greg Gerry and William Briggs, 2107 East Lincoln Avenue, Anaheim, CA 92806
AGENT: Tim O’Neil – Evergreen Development, 1300 East Missouri, A-200
Phoenix, AR 85014
LOCATION: 128 South State College Boulevard, 2015-2107 East Lincoln Avenue and 2104
Ward Terrace (Q.S. 112) :
Property is 1.45 acre, irregularly-shaped parcel having frontages of
394 feet on the north side of Lincoln Avenue, 145 feet on the east side of State College
Boulevard and 129 feet on the south side of Ward Terrace. For waiver of minimum number of
parking spaces (79 required, 73 provided) to construct a drive-through pharmacy.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D1. 179:
CONDITIONAL USE PERMIT NO. 4144 AND NEGATIVE DECLARATION
OWNER:
Helmet and Ruth Fetter, 2221 East Vermont Avenue, Anaheim, CA 92806
LOCATION: 821-825 North Euclid Street.
Property is 0.94 acre located on the west side of
Euclid Street 130 feet north of the centerline of Glenoaks Avenue. To establish conformity with
existing zoning code land use requirements for an existing commercial center, to construct a new
unit for a retail carpet sales warehouse with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4144 GRANTED, in part (PC99-156) (4 yes votes, 2 no votes, 1 absent)
WAIVER OF CODE REQUIREMENT APPROVED in part (4 yes votes, 2 no votes, 1 absent)
Approved Negative Declaration.
Informational item from the meeting of August 24, 1999, Item B15. Review of the Planning
Commission decision requested by Mayor Daly and Council Member McCracken.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : September 16, 1999
Mailing to property owners within 300 feet : September 16, 1999
Posting of property : September 16, 1999
In letter received September 15, 1999, the applicant, Helmet Fetter, requested a continuance of the
Public Hearing to October 19, 1999.
Joel Fick, Planning Director confirmed for the Mayor that staff has no problem relative to the request for
continuance; City Attorney White stated for due process consideration, it is his recommendation that the
Council approve the first request for continuance by the applicant.
Mayor Daly asked if there was anyone present on this item; Mr. Helmet Fetter, 221 E. Vermont, Anaheim
was present, confirmed he was the owner, and is asking for the continuance as requested.
MOTION. Mayor Daly moved to continue the subject Public Hearing to Tuesday, October 19, 1999 as
requested by the applicant. Council Member McCracken seconded the motion. MOTION CARRIED.
WAIVER OF CODE REQUIREMENT
D2. 179:
CONDITIONAL USE PERMIT NO. 4139 AND NEGATIVE DECLARATION OWNER:
American
National Properties, Inc., P.O. Box 10077, Santa Ana, CA 92711-0077
AGENT:
Phillip R. Schwartze, 31682 El Camino Real, San Juan Capistrano, CA 92675
LOCATION: 1516 West Embassy Street.
Property is 5.8 acres located at the terminus of
Embassy Street. To establish an Orange County Transportation Authority operated paratransit
transportation and maintenance depot to service approximately 175 medium size buses and to
construct an office and maintenance building for light vehicle maintenance with enclosed
washing bays and two above-ground 500 gallon fueling tanks with waiver of minimum required
site screening adjacent to a railroad right-of-way.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4139 GRANTED (PC99-152) (6 YES votes, 1 absent)
Waiver of code requirement APPROVED
Approved Negative Declaration.
Informational item from the meeting of August 24, 1999, Item B11. Review of the Planning
Commission decision requested by Mayor Daly and Council Member McCracken.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : September 16, 1999
Mailing to property owners within 300 feet : September 16, 1999
Posting of property : September 16, 1999
Letter dated September 1, 1999 was received from The PRS Group, Phillip R. Schwartze, President,
agent for the applicant, American National Properties, Inc./ Laidlaw Transit Services, Inc. withdrawing the
subject request for CUP 4139.
Mayor Daly asked if any further action was necessary by the Council noting that the applicant had
withdrawn the subject application; City Attorney White stated that a motion authorizing the withdrawal
was in order. He also clarified for the Mayor that the Council didn’t necessarily have to permit the
withdrawal because it has been noticed as a hearing. They could act upon the application and could
even approve it over the objections of the applicant if they wished.
MOTION. Mayor Daly authorized withdrawal of the subject request for a Conditional Use Permit.
Council Member McCracken seconded the motion. MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
CONTINUED PUBLIC HEARING - VARIANCE NO. 4363
D3. 155/179 :
ENVIRONMENTAL IMPACT REPORT NO. 321:
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 and waiver of (a) minimum parking lot landscaping (deleted),
(b) minimum landscape setback adjacent to the SR-57 (Orange) Freeway, and (c) minimum
structural and landscaped setback adjacent to Douglass Road, to construct a 4-story, 140-room
hotel with pool, meeting and breakfast areas. (Re-advertised to September 28, 1999 to include
new waiver).
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. Informational item at the meeting of July 13, 1999, Item B6.
Review of the Planning Commission’s decision requested by Mayor Daly and Council Member
Kring. Continued from the meeting of August 17, 1999, Item D1. Staff requested a continuance
to September 28
, 1999 to advertise waiver c.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : September 16, 1999
Mailing to property owners within 300 feet : September 16, 1999
Posting of property : September 16, 1999
Letter dated September 23, 1999 was received from the applicant, Mr. Bruce Ayres, Country Suites
requesting a continuance of the Public Hearing to October 19, 1999.
Joel Fick, Planning Director. This hearing was continued from the August 17, 1999 meeting (see
minutes that date). The outcome of that meeting was for staff to work cooperatively on four other
alternate designs which staff is doing. The additional time is needed to explore those additional options.
MOTION. Mayor Daly moved to continue the subject Public Hearing to October 19, 1999. Council
Member McCracken seconded the motion. MOTION CARRIED.
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D4. 179:
CONDITIONAL USE PERMIT NO. 4089
NEGATIVE DECLARATION:
OWNER:
La Palma Family Partnership, P.O. Box 448, Los Alamitos, CA 90721
AGENT:
Coorg Corporation, P.O. Box 448, Los Alamitos, CA 90721
LOCATION: Parcel 1-
This irregularly-shaped 1.18 acre property has a frontage of 120 feet
on the south side of La Palma Avenue, a frontage of 120 feet on the north side of North Street, a
maximum depth of 430 feet, and is located 120 feet east of the centerline of Pauline Street (740
Parcel 2 -
East La Palma Avenue). This rectangularly -shaped 1.5 acre property has a frontage
of 85 feet on the south side of North Street, a frontage of 95 feet on the north side of Wilhemina
Street, a maximum depth of 770 feet, and is located 159 feet east of the centerline of Pauline
Street (no street address).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 28, 1999
To permit a building material/contractor’s storage yard and outdoor storage of recreational
vehicles, boats and trailers with waiver of required site screening.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4089 DENIED (PC99-120) (5 yes votes, 1 no, 1 absent)
Approved Negative Declaration.
Waiver of Code Requirements DENIED.
Informational item at the meeting of July 27, 1999, Item B1. Letter of appeal submitted by Coorg
Corporation.
Request for a continuance by applicant to September 28, 1999.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : August 12, 1999
Mailing to property owners within 300 feet : August 12, 1999
Posting of property : August 13, 1999
Greg Hastings, Zoning Division Manager briefed the Staff Report to the Planning Commission dated July
7, 1999 which described the proposal in detail. He then noted that the Planning Commission denied the
request based on the detrimental effect both visually and operationally that the use would have on the
nearby residents and that uses contained in buildings would be more appropriate for the site. Late this
afternoon, staff received information which was also provided to the Council (see booklet – “Information
Package – Conditional Use Permit No. 4089 – Application for Outdoor Storage of Vehicles, Equipment,
Shipping Containers and Minimal Materials – Coorg Contractors Engineers” – made a part of the record).
The material includes a 20-signature petition in support of the project from neighbors adjacent to the
subject property as well as additional new information which was not reviewed by the Planning
Commission.
Mayor Daly. He notes in the Staff Report, Planning staff is recommending against the CUP for the
storage yard. In the recommended conditions, staff is recommending if the permit is approved, that it be
limited to a one-year duration. He asked if that was the intent.
Greg Hastings answered, yes; Joel Fick, Planning Director stated the recommendation was prepared
prior to the receipt of the material the Council received today including information relating to the
expenditure made thus far to improve the property and the signatures of the adjacent property owners in
favor of the project. Staff’s original recommendation pertained to what seemingly was difficult land uses,
i.e., outdoor storage immediately adjacent to residential. The temporary nature of that implied to staff
that there should at least be a time limit on the permit if granted.
Mayor Daly asked if there were any additional conditions that staff would recommend should the Council
decide to approve the request; Joel Fick. There was a suggestion from the Traffic Engineer about
closing the median on LaPalma Avenue. There are also a number of conditions that the applicant
provided in the packet today that warrant some exploration and discussion. Relative to whether or not
staff would recommend approval as questioned by Council Member Kring, having just received the
material from the applicant today makes it difficult but, fundamentally, staff believes outdoor storage
next to residential poses serious incompatibilities. It is important to get testimony from the applicant and
surrounding residents. The written material indicates residents are in favor because of the improvement
in the property. That would give staff cause not necessarily to rethink the incompatibility of outdoor
storage to residential, but perhaps the timing if the project is approved.
Council Member Kring. She asked if the project is approved staff would consider approving it for more
than one year ;Joel Fick. Based upon the written material that talks about the substantial investment in
the property.
Mayor Daly. He asked how it came to be in terms of the General Plan zoning to have this strip of
property along the Amtrak right-of-way be designated for industrial even with residential next door; Joel
Fick. It is a long-standing zoning on the property. The land use many years ago was excess railroad
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right of way. The General Plan designation is actually low-medium residential. Knowing that the long-
term designation for the property is a residential land use means that is the policy direction for the land
use and ties into staff’s thinking that this is a temporary use if approved.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant to summarize the
request noting that the Council has all the data pertaining to the proposal including the recent package
submitted to the Council Office yesterday.
Applicant’s Statement : Edward Ballard, Weule, Broyles, Ballard and Mondo, Attorneys at Law, 535
Anton Boulevard, Suite 800, Costa Mesa, California 92626 representing the applicant, Coorg
Corporation. It is true the applicant has put a large amount of money into the property. They
investigated it before to be sure they would be allowed to use it. It is going to be their headquarters.
They have spent approximately $450,000 to date to improve Parcel 1 not including what they spent to
purchase the property. If the CUP is approved, the improvements on Parcel 2 will cost approximately
$200,000 to $250,000. Mr. Ballard then briefed some of the material in the (aforementioned) submittal
and also gave additional comments relating to the chain-link fence, the block wall and the screening
which they believe will adequately screen the property from the residents.
Mr. Ballard also explained that it was a predominantly Hispanic neighborhood and they spent a great
deal of time talking to residents along the west side. It was difficult to get the residents to attend the
meeting tonight but they did use a translator to interview the residents and he has with him the tape of
those interviews which gives a viewpoint into their feelings. The property lay bare for six years. It is a
very narrow strip along the railroad tracks, it abuts residential zoning but he does not see how it could be
rezoned for residential use. The concerns raised in the Planning Commission hearing and the
Commission’s basis for recommending denial was relative to the peace, safety, health and welfare of the
adjacent residents. However, the petition submitted and the testimony on the tape attest to the fact that
the people feel much safer since Coorg bought the property. (He described the surrounding residential
land uses.) He also explained that a one-year approval is economically impossible but they would be
willing to go with 15 years with a five-year extension and would not be willing to go much below that.
There were additional comments, questions and a brief discussion between the Mayor, Mr. Ballard and
the Planning Director, during which the Planning Director explained for the Mayor that since the property
is zoned ML, any use or any buildings and structures that are in total conformance with all the
requirements in the industrial zone, could be constructed. Relative to the question about self-storage,
that requires a CUP whether enclosed or outdoor. If it truly is accessory storage for an office building or
permitted industrial use on the site, the code does have provision for that; Mayor Daly surmised if it is
commercial or public storage, i.e., commercially available spaces, that is an example of what would be
discretionary.
Council Member McCracken. She noted in the conditions that PVC slats are proposed for screening.
Almost all businesses throughout the City, including the recycling center on Blue Gum, have turned to
mesh screening ; Joel Fick. Staff is fine with the screening as proposed. The biggest issue is that the
proposed landscaping is on the inside of the screening material. The preference is that the landscaping
be on the outside of the screening. That is probably not addressed in the conditions because it is not
part of the proposed application.
Ed Ballard. With regard to the east side of the property along the railroad, that is the one area where the
landscaping would be placed on the inside of the fence. On the rest of the property line where the
landscaping can be placed on the outside, it would be. The landscaping was discussed extensively and it
is raised in one of the conditions. The fence itself will be 12’ high. The idea was to plant the shrubbery
with the screening. The only reason it is on the inside on that side was because of the railroad tracks.
Alona Nanda , one of the principals of Coorg Corporation. She clarified that no new information has been
provided in the package submitted with the exception of the petition from the neighbors. All of the
information has been presented previously to the Planning Department. To clarify the issue of
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screening, on the west side of the property, their plans show that vines will be growing on the outside of
the block wall which will be a visual barrier and graffiti shield and on top of that continues the chain link
fencing upon which the vines will continue to grow. The green mesh screening is just temporary until the
landscape grows into place. On the east side right next to the railroad, they are proposing oleanders
next to the chain link fence. They will be increasing the height of the fence to 12’ and growing the
oleanders next to it. There will be a complete visual screening from the apartments and single-family
residents on the opposite side of the alley. They have gone to the surrounding neighbors and have
heard nothing but positive comments from them. They feel safer and more secure since they ( Coorg)
have secured the property.
Mayor Daly closed the Public Hearing.
Council Member Kring. She visited the property about a month ago. She is very pleased with the
architecture of the new building and it has improved the area. The storage area is used strictly for their
own use and they are not going to rent space. She is supportive of the project.
Council Member Feldhaus. There are buildings already under construction on Parcel 1. He asked if
those had been permitted and do they fit into the ML zone; Joel Fick answered yes. He also stated he
appreciated some of the clarifications made about the height of the fences and where landscaping is
going to be installed. It is staff’s understanding the plans on the wall which were submitted to the
Planning Commission are different. Relative to Parcel 2, it is staff’s understanding those spaces are
intended to be rented out and people will be able to use the yard on a rental basis.
Council Member Feldhaus. In his conversation with the applicant, they said they would withdraw that
aspect if they would be allowed to put their own construction equipment on the property ; Joel Fick. If it is
the intention of the Council if approved to restrict the use for non-public rental. It is an example of an
item that is not addressed in the conditions because he does not believe it was a part of the original
proposal.
Council Member Feldhaus. They also discussed the ingress and egress taken off LaPalma by the
railroad track. He was assured by the applicant that they would not have heavy equipment they would be
backing up close to the railroad track and he feels that needs to be verified. He has always believed
there should be a transition zone from residential to commercial and industrial properties and this looks
like a classic situation for that. He believes this is an opportunity to transition away from the residential
area.
Mayor Daly. He would like to clarify the issue of the storage yard – is it going to be available to the
public or simply used by the corporation; Joel Fick. Staff’s understanding is that it was going to be
available to the public.
Council Member Tait. He does not see the distinction between public storage or construction equipment
as long as the visual effects are negative. The City’s concern is primarily the visual effect and it seems
the applicant has addressed that. He looked at the petition signed by the residents of Pauline and 15 are
in favor. If it was not going to look nice and improve the area, he does not think that percentage of
homeowners would be in favor. Regarding the one-year time frame, that is not realistic and is almost
tantamount to a denial. He would say something more like 10 years would be more appropriate or 15
years. He would be in favor of the project.
Mayor Daly. The suggestion has been made for a ten-year time limit which he feels is a good idea and it
is something he could support. He would like to clarify so that it is on the record the issue of access.
The plans he saw showed access gates to Wilhelmina Street and North Street on the west side of the
property right next door to single-family homes. He wants to pin down those gates will not be used for
moving RV’s in and out. If that is proposed, the Council needs to know that. He asked to hear from the
applicant if they planned to make it available to the general public for storing boats and RV’s and how
will the other two or three access points be used.
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Ed Ballard. When Coorg started the process, the comment was made that they should put all potential
uses into the CUP in case they decided five years down the road to rent a space to sombody with a
motor home. That was not the original intent but when they filed the CUP, they did it under that context
also based on the economic investment. If they had a chance to rent a spot to somebody with a small
boat or motor home they could recoup some costs. That is why it is in there. Access is granted on those
two side streets only for passenger cars and regular size pickup trucks. The equipment will be accessed
off LaPalma.
Mayor Daly. The other access points will only be used by their employees and the company on an
occasional basis ; Ed Ballard. He clarified that was correct, on an occasional basis. The corporate
building is about 3,400 sq. ft. They anticipate 15 people at the most working in that building. It has
nothing to do with the equipment to be stored on that parcel.
Mayor Daly. He surmises it is then either unlikely or will not happen that Coorg will allow the area to be
used for private storage open to the public, Ed Ballard. It was included in the CUP but it was not the
initial intention. If they are allowed to do it, it may occur. If they cannot get the CUP approved because
of that , they are more interested in getting the CUP approved.
Additional Council discussion/ followed and questions posed to staff revolving around storage of RV’s on
the property, that all storage must be below the fence height, hours of operation, payment of certain fees,
etc.
Council Member Kring noted that relative to the hours of operation, the applicant has requested a start
time of 6:00 a.m. instead of 7:00 a.m. noting that the trains start at 4:45 a.m.; Council Member Tait
stated that construction yards typically open at 6:00 a.m. and to limit them to 7:00 a.m. would be a
burden since crews have to be on site by 7:00 a.m. The overriding noise would be the train starting at
4:45 a.m.
Mayor Daly. He is generally comfortable with this use and he agrees with Council Member Feldhaus that
a buffer is helpful between a train corridor and a residential area. However, the hours of operation and
some of the other issues concern him as well as Planning staff’s obvious discomfort that some of the
details of the project have changed or are not pinned down. He does not know if the Council wants to
move forward and vote tonight or give Planning staff time to pin down the remaining details. He asked
what other details staff needed to have clarified if the Council wishes to approve the use.
Joel Fick. If the item were continued for a week, staff could clarify the questions asked. The testimony
they are relying on at the moment, he believes the plans on the wall reference a 7’ high fence and
another exhibit talks about 10’ and in the testimony tonight, he heard 12’. They are relying on the
testimony tonight in terms of the screening. Another example would be the access question raised.
Some of the issues could be addressed tonight. If it is Council’s desire based upon the testimony that
the primary access be from La Palma rather than the other access points, there could be conditions
structured to the effect that primarily storage access would be from La Palma and the other two access
points would be primarily for employee use or incidental access to the site. Those are examples of
conditions that could be addressed.
It was determined by general Council consensus to move forward with the actions tonight.
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Council Member
Kring, seconded by Council Member McCracken, the City Council approved the Negative Declaration
upon finding that it has considered the Negative Declaration together with any comments received during
the public review process, and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
MOTION CARRIED.
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Council Member Kring. She is going to offer a resolution granting CUP 4089 including modifying the
starting time from 7:00 a.m. to 6:00 a.m., primary access off LaPalma for heavy equipment and on
Wilhelmina , just the cars and trucks going into the property, that screening be 12’ on the east side and
13’ on the west side with appropriate landscaping, and that green mesh rather than PVC slats be used
with oleander plants that will eventually cover the mesh. At the recommendation of Council Member Tait,
she further clarified that the Wilhelmina access be for passenger vehicles and pickup trucks and that the
main access for RV’s and other construction equipment will be the LaPalma entrance.
Mayor Daly. He again expressed his concern over the 6:00 a.m. starting time and will be opposing the
CUP as conditioned. He also asked for clarification relative to the height of the fence.
Council Member Kring. The applicant said it was 12’ by the railroad and on the other side by the
residential, Mr. Ballard said it was already 7’ with 6’ more making that a total of 13’ high. She would also
approve the CUP for a 10-year period with a five-year extension when the 10-year period is up; Mayor
Daly asked for an interpretation of the extension provision asking the difference between 10 years with a
five-year extension and 15 years.
City Attorney White. Normally, permits are granted for a definite period and at the end of that period, the
applicant can come back and seek an extension as a matter of code right and if the criteria are
established that the use is continuing to be operated in a manner not detrimental to surrounding property,
the Planning Commission can approve the extension for an additional period of time, whatever that
period may be. If they are going to impose a condition that provides for a finite definite number of years
for an extension, it would need to be clarified in the condition what the criteria are that have to be
satisfied to get that extension. Right now code allows the applicant to come back in 10 years and ask for
an extension. His recommendation is to grant the CUP for 10 years and at the end of that time, apply for
an additional period. He does not know how to word it in a way that would be meaningful to either the
City or the applicant ; Council Member Kring stated, a period of 10 years.
Mayor Daly. To be crystal clear to the applicant, because they talked previously, he believes this is a
good use but a little bit more “massaging” of the conditions would be appropriate. He is not comfortable
with the opening time of a construction yard at 6:00 a.m. next to a residential area.
Council Member Kring offered Resolution No. 99R-207 for adoption granting Conditional Use Permit No.
4089 including the above modifications as articulated and that the CUP be granted for a period of ten
years. Refer to Resolution Book.
RESOLUTION NO. 99R-207 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4089.
Roll Call Vote on Resolution No. 99R-207 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS : Feldhaus, Daly
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 99R-207 duly passed and adopted.
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REPORT ON CLOSED SESSION ACTIONS:
C1.
City Attorney White stated there are no actions to report at this time. It is also his understanding the
Council will now recess back into Closed Session for the purpose of discussing the items appearing on
the Closed Session agenda which were not completed earlier.
COUNCIL COMMENTS:
C2. 114:
Council Member Feldhaus :
He has three issues. (1) He requested a status report on the old Home
Depot property on Lincoln and what is or will be taking place on that property. (2) He referred to the
signage ordinance which he believes was recently amended; however, driving down west Lincoln it would
be difficult to know that since there are all kinds of signs with no uniformity. He suggested perhaps they
need a conforming type of sign ordinance like the one governing the resort area. The signage on west
Lincoln looks like the resort area did before the sign ordinance went into effect. (3) He asked the status
of the workshop/seminar he proposed on the California Environmental Quality Act.
City Attorney White. Relative to the latter, staff is in the process of putting that together and will invite all
Council Members.
RECESS - CLOSED SESSION: By general Council consent, the Council recessed into Closed Session
to continue/complete the balance of the items on the Closed Session Agenda (7:20 P.M.).
AFTER RECESS : Mayor Daly called the meeting to order, all Council Members being present
(8:31 P.M.).
ADJOURNMENT: By general Council consent, the Council Meeting of September 28, 1999 was
adjourned (8:33 P.M.).
SHERYLL SCHROEDER
CITY CLERK
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