2000/02/15ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken
COUNCIL MEMBERS: None
CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Sheryll Schroeder
ASST. CITY CLERK: Ann Sauvageau
EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
PUBLIC UTILITIES ASST. GENERAL MANAGER: Dale Tarkington
LEGISLATIVE ANALYST: Phil Tsunoda
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
PUBLIC UTILITIES/FINANCE ADMINISTRATION: Brian Thomas
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:10 p.m. on
February 11, 2000 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Pro Tem, Shirley McCracken called the workshop portion of the Council Meeting of February 15,
2000 to order and welcomed those in attendance (3:10 P.M.).
City Manager, James Ruth. This is the appointed time for a workshop on the Anaheim Public Utilities
Direct Access Customer Choice Program. Mr. Dale Tarkington, Public Utilities, will make the
presentation.
DIRECT ACCESS - CUSTOMER CHOICE PROGRAM: Mr. Dale Tarkington, Public Utilities Assistant
General Manager, Electrical Services. The presentation today will first cover the background of the
program, answer the questions - what is Direct Access and how could Direct Access work in Anaheim -
and to inform the Council of the next steps to be taken. (His presentation was supplemented by Power
Pointe slides, hard copies of which were submitted in booklet form entitled, Anaheim Public Utilities
Direct Access Customer Choice Program - City Council - February 15, 2000 - made a part of the
record.)
(Council Member Tait entered the Council Chamber at 3:15 and Mayor Daly at 3:18 P.M.).
Mr. Tarkington's presentation covered the following which he briefed: electric service before
restructuring, restructuring legislation (AB1890 passed by the State Legislature in 1996 requiring Investor
Owned Utilities (IOU) begin offering their customers a choice of suppliers starting March 31, 1998),
municipal utilities not required to offer Direct Access, municipalities offered State sanctioned Competitive
Transition Charge (CTC), established and approved by Council 9/28/99, phase-in of Direct Access must
begin by March 31,2000, explanation of Direct Access (multiple suppliers able to provide the resources),
economics of Direct Access (competition would only apply to the energy portion of electric bill or about
25% of total costs), how could Direct Access work in Anaheim (customer choice program), when would it
start (phase-in - first come, first served starting March 31, 2000 with all customers eligible by March 31,
2002), how would it work (billing example also provided), financial impact on Anaheim Public Utilities
(first year one-time cost, $75,000-first year net ongoing costs, $0-50,000-neutral impact on energy sales).
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
Summary - proposal allows customer choice in energy provider, Anaheim well positioned for
competition, recommend approval of Customer Choice Program which will be brought to the Council
next month. Status/Next Steps - Public Utilities Board (PUB) Subcommittee held three customer
meetings in November 1999 and a Public Hearing on January 6, 2000, PUB voted to recommend
Customer Choice Program, City Council consideration/action.
At the conclusion of the presentation, Council Members posed questions on the program which were
answered by both Mr. Tarkington and Ed Aghjayan, Public Utilities General Manager mainly revolving
around the process if customers want to switch to another provider, the reason for the phase-in proposal
(Mr. Aghjayan noted there is a lot of administrative work involved), the feasibility of an accelerated
process, etc. The next step will be Council approval of the Customer Choice Program which will be
brought forward in March.
Mayor Daly thanked staff for the informative and detailed presentation.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
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 Assn. v. 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
54956.9(a) - Existinq Litigation:
Name of Case: Barragan, et al., v. City of Anaheim, Orange County Superior Court Case No.
80-57-63.
CONFERECE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
Agency designated representative: David Hill
Name of employee organization: Anaheim Firefighters' Association.
PUBLIC EMPLOYEE PERFORMANCE REVIEW:
Title: City Manager (Midyear review and goal setting).
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Title: City Clerk (Six month review).
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the motion.
MOTION CARRIED. (3:42 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of February 15, 2000 to order at 3:10 p.m. and
welcomed those in attendance.
INVOCATION: A moment of silence was observed in lieu of an invocation.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was authorized by the City Council:
Recognizing March 2000 as Volunteer Recognition Month in Anaheim
The Proclamation was accepted by Evelyn Golemba and Norma Hodges, long-time City of Anaheim
volunteers who stated they will do anything they are asked to do; Mayor Daly and Council Members
thanked Ms. Golemba and Hodges who were present on behalf of all community volunteers. The Mayor
noted that during 1999, 109,000 volunteer hours had been devoted to all City departments.
PRESENTATION - 1999 AWARD OF MERIT: Presentation by the Western Building Show and Builder
Magazine to the City of Anaheim for receiving the 1999 Award of Merit.
Lisa Stipkovich, Executive Director of Community Development and Chris Jarvi, Director of Community
Services, on behalf of the City, had previously accepted the award and today are presenting it to the
Council. Mrs. Stipkovich noted that the "Golden Nugget" Award was presented to the City and the
Anaheim Redevelopment Agency in recognition of Anaheim's Downtown Community Center as the best
public-private recreational facility. Relative to the Community Center, Mr. Jarvi noted it is a beautiful
building put together with the support of many different groups in Anaheim which he named. It is not
only beautiful and functional, but is and has been used at capacity since it opened.
Mayor Daly accepted the award on behalf of the Council and the City/Redevelopment Agency. He
noted, however, that all the credit for the design and functionality of the Community Center goes to the
City's professional staff who oversaw the project from day one. The award (plaque) will be displayed in a
prominent place.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
1. PROCLAMATION recognizing February 2000, as African-American History Month in Anaheim.
DECLARATION recognizing Margie Hilgenfeld Field as the Cypress College Foundation's 2000
Citizen of the Year for Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,487,554.48 for the period ending
February 15, 2000 in accordance with the 1999-2000 Budget were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency, Anaheim Housing
Authority, Anaheim Public Improvement Corporation and Anaheim Public Financing Authority meetings.
(6:17 p.m.).
Mayor Daly reconvened the City Council Meeting. (6:35 p.m.).
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Mark Langevin, 2100 E. Katella Ave, Anaheim, Internal Organizer, Service Employees International
Union (SEIU), Local 1877. The SEIU represents several thousand members in Orange County; many
are Anaheim residents. They also represent approximately 500 employees at the Anaheim Convention
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
Center. He would like to present each of the Council Members and the Mayor a letter signed by elected
union officials at the Anaheim Convention Center along with a petition signed by the Registered Nurses
at the Convention Center (see letter dated February 1, 2000 with petition attached). He thereupon read
the letter relating to a Resolution adopted by the Council on September 24, 1999 (Resolution 99R-159
adopted 9/14/99, effective 9/24/99) . . . "authorizing the convention center management to replace our
Registered Nurses with Emergency Medical Technicians. We believe that such an action violates our
Memorandum of Understanding with the City and undermines our important relationship with the City and
convention center management." The letter went on to state their concern over not being properly
notified, the fact that they are protesting the resolution, and are asking that it be reconsidered and
rescinded.
Mayor Daly. The best way the Council is able to respond is to ask the City Manager to respond either
this evening or to give a written response. If written, it will be a matter of public record and he
(Langevin) will have access to that.
City Manager Ruth. There will be a response in writing. Staff is aware of the issue and has offered to
meet with the union but have yet been unable to do so; Mayor Daly. The City Manager will prepare a
response in writing for the Council and the union at the earliest opportunity and the union will have an
opportunity to respond.
Linda Lee Grau, 24 Morning Dove, Irvine. No "blight rail". Shrink government to its proper size. Give
Savis Roditis his 100 cabs.
Art Castillo, 1431 W. Chateau, Anaheim. He spoke to the Mayfair Lodge parking ban at Paseo Village.
The affected families said they were not asked about the ban or were'nt informed properly. He is asking
the Council to look into the matter. Tickets were issued on Sunday. The Hispanic community does not
understand. There should be more open participation with the people.
Lisa Hill, 2200 S. Tola Place, Anaheim. She read and submitted a statement entitled - Presentation to
Anaheim City Council - February 15, 2000 - which was in support of Proposition 22, a proposition that is
on the March 7th, 2000 Primary Election Ballot. The last paragraph stated, "We urge you to boldly
support a resolution in favor of Proposition 22 which reads, "Only marriage between a man and a woman
is valid or recognized in California".
Mr. Douglas Hampstead, 685 N. Helena, Anaheim also spoke in support of Proposition 22.
Joe Kepter, 429 S. San Vicente Lane, Anaheim. He owns the property at 1070 Pegasus, Anaheim
directly adjacent to a hillside that has had problems for many years, the last in February, 1995. It is his
understanding it is distinct from the Santiago slide, which occurred in 1993. The Homeowner's
Association in the community where he lives in May of 1998 installed a temporary power pole three feet
inside his planter to operate two pumps to pump sub-surface water as a temporary measure to stabilize
the hillside. Since May of 1999, he has been working with several City staff members and has requested
many times that the power pole be removed since it is an unsafe situation. He confirmed for the Mayor
that the power pole was installed by the Homeowner's Association with a temporary permit from the City.
He has photographs of the condition that exists. His request tonight is to solicit the City's help to try to
rectify what he considers an unsafe condition.
City Manager Ruth. The City Attorney's Office and Public Works is in the process of working with the
Homeowner's Association to get the power pole removed; City Attorney White. In speaking to the
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
attorney for the Homeowner's Association, the Association is in the process of getting an engineer to
prepare plans to underground the cords and all associated equipment. The plan was supposed to have
been completed as early as last Friday. It is imminent and they are working with the attorney for the
association to get that accomplished. They understand this is a situation that is not going to be allowed
to continue. It should be resolved shortly.
Mayor Daly. They will look forward to seeing a written time line for fixing the problem; Mr. Kepter asked
if he could also get a copy.
Mayor Daly. When a copy of the written response is submitted, a copy can be obtained from the City
Clerk's Office.
PUBLIC COMMENTS -AGENDA ITEMS:
Public input was received on Item A31 (see discussion under that item).
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of February 15, 2000. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A20: 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. 2000R-27 through 2000R-32, both inclusive, for
adoption. Refer to Resolution Book.
Al.
105: Receive and file minutes of the Anaheim Private Industry Council meeting held October
28, 1999.
105: Receive and file minutes of the Anaheim Park and Recreation Commission meeting held
December 1, 1999.
174: Receive and file correspondence from the Federal Energy Regulatory Commission dated
January 31, 2000, regarding a settlement agreement among Geysers Power Company, LLC,
Pacific Gas and Electric Company, the California Electricity Oversight Board, and the California
Independent System Operator Corporation.
174: Receive and file correspondence from the Federal Energy Regulatory Commission dated
January 31, 2000, regarding a settlement agreement among Williams Energy Marketing &
Trading Company, the California Independent System Operator Corporation, Southern California
Edison Company, and the California Electricity Oversight Board in Docket No. ER98-441-008.
128: Receive and file the Monthly Financial Analysis presented by the Finance Director for six
months ended December 31, 1999.
117: Receive and file the Investment Portfolio Report for the month of January 2000, as
submitted by the City Treasurer.
A2.
175: Award the contract to the lowest responsible bidder, Valverde Construction, Inc., in the
amount of $419,187 for the I-5 Segment "B" Santa Ana Bridge Crossing and Pressure Regulating
Station No. 16; approve the Escrow Agreement pertaining to contract retentions with Valverde
Construction, Inc., and authorize the Finance Director to sign said agreement.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
A3.
A4.
A5.
A6.
A7.
A8.
A9.
Al0.
All.
A12.
A13.
A14.
A15.
169: Award the contract to the lowest responsible bidder, Excel Paving Company, in the amount
of $422,303.30 for the Harbor Boulevard Street Improvement from Broadway to Vermont
Avenue and approve the Escrow Agreement pertaining to contract retentions with Excel Paving
Company and authorize the Finance Director to sign said agreement.
169: Award the contract to the lowest responsible bidder, Mobassaly Engineering, Inc., in the
amount of $657,485.53 for Brookhurst Street Improvements from Harriet Lane to Katella Avenue
and approve the Escrow Agreement pertaining to contract retentions with Mobassaly
Engineering, Inc., and authorize the Finance Director to sign said agreement.
158: Approve the Acquisition Agreement for real property located at 5644 East La Palma
Avenue for the Imperial Highway Smart Street Widening Improvements (R/W 5260-10, 11),
authorize the Mayor and City Clerk to execute said agreement and authorize the acquisition
payment of $76,773 to Melvyn Lane Hankin, Trustee and Faith Michelle Henkin, Trustee.
158: Approve the Acquisition Agreement for real property located at 1742 South Clementine
Street (R/W 5180-88), authorize the Mayor and City Clerk to execute said agreement and
authorize the acquisition payment of $55,160 to Bhikhuhai U. Patel and Pushpa B. Patel.
113: RESOLUTION NO. 2000R-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the destruction of certain Traffic Engineering City records more than
two years old.
123: Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055
Program Supplement No. M065 for the Harbor Boulevard Improvement Project from Broadway
Street to 460' north of Vermont Street.
123: Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055
Program Supplement No. M067 for the Lincoln Avenue Street Improvement Project from Rio
Vista Street to the east City limits.
123: Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055
Program Supplement No. M068. for the Lincoln Avenue Street Improvement Project from East
Street to State College Boulevard.
123: Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055
Program Supplement No. M069 for the Euclid Street Improvement Project from Ball Road to
Katella Avenue.
123: Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055
Program Supplement No. M070 for the Ball Road Street Improvement Project from Sunkist
Street to State College Boulevard.
123: Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055
Program Supplement No. M071 for the Lincoln Avenue Improvement Project from West Street
to East Street.
123: Approve Amendment No. 2 to the Orange County Transportation Authority (OCTA) and
City of Anaheim Cooperative Agreement No. C-95-965 to address the issues of indemnification
and rights-of-way.
164: Approve a Termination Agreement with R & L Sewer in the amount of $80,356.55
regarding termination of construction of the Orangefair Lane Storm Drain Improvement Project.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
Council Member McCracken noted that the termination is a result of a spill from a plating factory
dumping toxic materials into the storm drain. Because of that, the work had to be delayed. She asked if
they had a claim against the plating factory because of this.
City Attorney White. His staff has been working with Public Works staff to determine if they have any
course of action they can assert with regard to any damages or costs sustained by the City. As yet, they
have been unable to find a viable course of action but will continue to explore all avenues and if a claim
can be sustained or litigation to recover the losses, they will be reporting to the City Council and asking
for authority to pursue the matter.
A16.
123: Approve and authorize the Mayor and City Clerk to execute District Agreement No. 12-389
for the construction of the State College Boulevard/SR-91 Freeway interchange project on behalf
of the City of Anaheim.
A17.
158: RESOLUTION NO. 2000R-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to
the City. (City Deeds 10252 through 10266)
A18.
160: Accept the Iow bid of Southwest Power in the amount of $37,725.60 for 24 69KV
terminators, in accordance with Bid #6015.
A19.
160/123: Accept the Iow bid and authorize the execution of an agreement with Merchants
Building Maintenance in an amount not to exceed $60,000 for window cleaning services for a
period of one-year with five one-year extensions, commencing March 1, 2000, in accordance
with Bid #5996.
A20.
160/123: Accept the bid and authorize the execution of an agreement with PRC Public Sector,
Inc. in the amount of $1,353,145 (tax inclusive) for mobile data computers for the Police
Department and increase revenue and expenditures in the Police Department's fiscal year
1999/2000 budget in program 2251 by $273,211.
A21.
160: Waive Council Policy 306 and ratify the issuance of a purchase order in an amount not to
exceed $400,000 (including tax) to MTU Maintenance Berlin-Brandenburg GMBH, for
emergency repair of a combustion turbine generator.
Council Member Feldhaus posed questions specifically relative to why the combustion turbine generator
had to be repaired at a facility in Germany; both Brian Thomas, Public Utilities/Finance and
Administration and Ed Aghjayan, Public Utilities General Manager gave the background on the request
and the reason(s) why the generator could only be repaired in Germany.
A22.
A23.
117: RESOLUTION NO. 2000R-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM (i) designating depositories for certain City funds; (ii) authorizing the City
Treasurer to establish accounts with said depositories and deposit public funds of the City
therein; (iii) authorizing warrants, demands, drafts and checks to be drawn against any accounts
established with said depositories on behalf of the City; and (iv) authorizing the City Treasurer to
open accounts with financial institutions and corporations for the purchase and sale of various
securities and money market instruments.
123: Approve the Amended and Restated Lease by and between the City and Glacier of
Anaheim, LLC. and authorize the City Manager and Executive Director to execute all necessary
documents.
A24.
116: RESOLUTION NO. 2000R-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM opposing Measure F, Safe and Healthy Communities Initiative.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
Larry Slagle, 1619 E. Lincoln Avenue, Anaheim. He is representing the Visitor and Convention Bureau
and the Chamber of Commerce, both entities who support the development of an airport at El Toro.
John Wayne Airport is a small facility, 400 to 500 acres, compared to the facility proposed at El Toro of
4,700 acres. He spent 10 years on the Airport Commission but all they have to show for their efforts is
John Wayne Airport which is at capacity. He urged that they take a position against Measure F and
before concluding, read letter dated February 15, 2000 from Steve Snyder, President/CEO of the
Anaheim Chamber of Commerce (previously submitted and made a part of the record) strongly
recommending that the Anaheim City Council oppose Measure F.
A25.
123: Approve a Lease Agreement with the Anaheim City Elementary School District for
temporary use of a portion of the Ross Parksite for parking purposes.
A26.
123: Approve
the report to
governmental
the City of Anaheim Internet Task Force's report on internet sales tax and transmit
the National Advisory Commission on Electronic Commerce and appropriate
entities.
Council Member Kring. She recognizes all the time, energy and effort that the Task Force has put into
this project. Since they just received the backup data on Friday, she would like additional time to
evaluate it and would like the matter continued to the next meeting; Mayor Daly. As he recalls, there is a
time constraint involved.
Phil Tsunoda, Legislative Analyst. If the matter is continued until March 7, there will still be enough time.
The National Advisory Commission on Electronic Commerce meets on March 20, 2000 in Dallas. He
also gave some background relative to the Commission as requested by the Mayor.
MOTION. Mayor Daly moved to continue Item A26 to March 7, 2000. Council Member Feldhaus
seconded the motion. MOTION CARRIED.
A27.
173: RESOLUTION NO. 2000R-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM requesting the State of California Department of Transportation (CALTRANS) to
pursue acquisition of the State Route 91 express lanes.
Council Member Tait. He is requesting Council's unanimous support to ask Caltrans and the Governor to
pursue acquisition of State Route 91 private express lanes adjacent to the 91 freeway. There is a
contract that prohibits the State from competing with the express lanes, a non-competition agreement,
which restricts relief of congestion on the 91 freeway. It is one of the busiest sections of State highway in
the country and a vital link between the Inland Empire and Orange County. It is of vital importance to
the City. The existing structure of a private toll road adjacent to the freeway makes congestion worse
during peak hours for Anaheim residents. For those reasons and others, he is asking Council support of
the proposed resolution.
Council Member McCracken. She is going to support the resolution. She expressed frustration,
however, that private enterprise took a proposal and a project resulting in a nightmare of traffic where the
State is now having to buy them out in order to satisfy the transportation needs of the community. She
supports the fact that this is one case where the infrastructure controlled by the State and people will
make a difference as far as moving traffic on that portion of the freeway.
Mayor Daly. This resolution does not single out any particular legislative solution or legislative proposal
that is currently proposed but a broader resolution asking the Governor and Caltrans to pursue
acquisition of the existing franchise agreement.
Council Member Tait offered Resolution No. 2000R-31 for adoption. Refer to Resolution Book.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
RESOLUTION NO. 2000R-31 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM REQUESTING THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) TO PURSUE
ACQUISITION OF THE STATE ROUTE 91 EXPRESS LANES.
Roll Call Vote on Resolution No. 2000R-31 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 2000R-31 duly passed and adopted.
A28.
123: RESOLUTION NO. 2000R-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the release and settlement agreement, and designating the person
authorized to receive any distribution of funds made to the City by any court order relating to the
Orange County bankruptcy.
A29. 118: Reject the application for leave to present a late claim.
City Manager Ruth clarified that this item is a motion to receive the application for leave to present a late
claim.
Roll Call Vote on Resolution Nos. 2000R-27 throuqh 2000R-30, 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. 2000R-27 through 2000R-30, both inclusive, duly passed and
adopted.
Roll Call Vote on Resolution No. 2000R-32 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 2000R-32 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A30.
105: BUDGET ADVISORY COMMISSION: Accept a letter of resignation from Jeffrey Roberts,
Budget Advisory Commission, and directing the City Clerk to post a notice of vacancy for the
term expiring June 30, 2001.
MOTION. Mayor Daly moved to accept the resignation. Council Member McCracken seconded the
motion. MOTION CARRIED.
Council Member Tait. He would like to publicly thank Mr. Roberts for his service on the BAC. He did a
fine job but, unfortunately, he moved from the City.
Recognition of Mr. Roberts' service will be prepared for presentation.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF JANUARY 27, 2000
INFORMATION ONLY, APPEAL PERIOD ENDS FEBRUARY 18, 2000:
B1.
179: ADMINISTRATIVE ADJUSTMENT NO. 186 CATEGORICALLY EXEMPT {SECTION 15061
¢b)¢3)}:
OWNER: David F. & Susan D. Perez, 525 N. Taormina Drive, Anaheim, CA 92806
LOCATION: 525 North Taormina Drive: Property is 0.38 acres located at the southwest corner of
La Palma Avenue and Taormina Drive.
Waiver of maximum fence height (3 feet permitted; 6 feet proposed) to construct a 6 foot high
block wall within the required side yard adjacent to La Palma Avenue for an existing single-
family residence in the RS-7200 (Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Administrative Adjustment No. 186 (ZA DECISION NO. 2000-07).
Council Member McCracken posed questions to staff relative to any dedication by the property owner;
Annika Santalahti, Zoning Administrator. Her understanding was that the connection between the
construction of a block wall and dedication was a "big leap." It was determined an irrevocable offer of
dedication was not practical in this instance.
B2.
179: ADMINISTRATIVE ADJUSTMENT NO. 180 CATEGORICALLY EXEMPT {SECTION 15061
¢b)¢3)}:
OWNER: Anaheim Place Partners, L.P., 2532 Dupont Drive, Irvine, CA 92612
AGENT: Stuart Architecture, 3051 Birch Street, Newport Beach, CA 92660
LOCATION: 505 North Euclid Street: Property is 1.88 acres located at the northwest corner of
Euclid Street and Westmont Street.
Waiver of minimum number of parking spaces (180 spaces required; 161 spaces proposed (90%
of Code) to permit the remodel of an existing 6-story office building in the CL (Commercial,
Limited) and CO (Commercial, Office space ) Zones and to reconfigure an existing parking lot.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Administrative Adjustment No. 180 (ZA DECISION NO. 2000-09).
B3.
179: ADMINISTRATIVE ADJUSTMENT NO. 181 CATEGORICALLY EXEMPT {SECTION 15061
¢b)¢3)~:
OWNER: Jerry G. Zarnekee, 1415 E. Diana Avenue, Anaheim, CA 92805
LOCATION: 1415 East Diana Avenue: Property is 0.16 acres, having a frontage of 72 feet on the
north side of Diana Avenue and a maximum depth of 100 feet and being located 390 feet east of
the centerline of Maywood Street.
Waiver of maximum fence height (6 feet permitted; 7 feet, 6 inches proposed) to construct a 1
foot, 6 inch high block wall extension on top of an existing 6 foot high block wall within the
required side and rear setback areas of an existing single family residence in the RS-7200
(Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Administrative Adjustment No. 181 (ZA DECISION NO. 2000-10).
END OF THE ZONING ADMINISTRATOR ITEMS FROM JANUARY 27, 2000.
ITEMS B4 - B8 FROM THE PLANNING COMMISSION MEETING OF JANUARY 31, 2000 -
INFORMATION ONLY, APPEAL PERIOD ENDS FEBRUARY 22, 2000:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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B4.
179: VARIANCE NO. 4384, AND NEGATIVE DECLARATION:
OWNER: Seaward Properties, 923 North Main Street, Orange, CA 92667
AGENT: Stuart Architecture, Attn: Ernest Stuart, 5031 Birch Street, Newport Beach, CA 92660
LOCATION: 1500, 1550, 1551, 1600, 1601, 1650, 1700 and 1701 East Babbitt Avenue and
1531 and 1551 South State Colle.qe Boulevard. Property is 11.59 acres located at the northwest
and southwest corners of Babbitt Avenue and State College Boulevard.
Waiver of (a) minimum structural setback abutting a local street, and (b) minimum number of
parking spaces to permit a previously-approved 10-parcel industrial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4384 GRANTED (PC2000-10) (7 yes votes).
Approved Negative Declaration.
B5.
179: CONDITIONAL USE PERMIT NO. 4175, AND NEGATIVE DECLARATION:
OWNER: Helmut and Ruth E. Fetter, 2221 East Vermont Avenue, Anaheim, CA 92806
AGENT: Richard Damron, 127 West Borromeo Avenue., Placentia, CA 92870
LOCATION: 825 North Euclid Street (Unit D). Property is 0.94 acres located on the west side of
Euclid Street, 130 feet north of the centerline of Glenoaks Avenue (Kim's Acupressure.)
To permit an acupressure (massage) facility within an existing commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4175 GRANTED for one year to expire January 31,2001
(PC2000-11) (7 yes votes).
Approved Negative Declaration.
B6.
179: CONDITIONAL USE PERMIT NO. 2090, AND NEGATIVE DECLARATION:
OWNER: Harvey Owen, 11061 Huntington Drive, Santa Ana, CA 92705
AGENT: Law Office of Briggs and Alexander, Attn: Sue Ann Ibrahim, 558 South Harbor
Boulevard, Suite 100, Anaheim, CA 92805
LOCATION: 1160 North Kraemer Boulevard. Property is 0.9 acre located on the east side of
Kraemer Boulevard, 242 feet south of the centerline of Coronado Street (The Shack).
To consider reinstatement of this permit which currently contains a time limitation (approved on
August 2, 1999 to expire February 2, 2000) to retain an existing public dance hall with sales of
alcoholic beverages for on-premises consumption and live entertainment in a restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 2090 for one year to expire February 2, 2001 (PC2000-12)
(7 yes votes).
Negative Declaration previously approved.
B7.
CONDITIONAL USE PERMIT NO. 4148 AND NEGATIVE DECLARATION:
OWNER: Robert Zucherman, 1715 Glen Oaks Drive, Santa Barbara, CA 93108
AGENT: Hung Van Le, 601 South Magnolia Avenue, Anaheim, CA 92804
Jackson, DeMarco, & Peckenpaugh, Attn: David Smith, 280 North Westlake Boulevard, Suite
200, Westlake Village, CA 91362
LOCATION: 601 South Maqnolia Avenue. Property is 0.46 acre located at the southwest corner
of Orange Avenue and Magnolia Avenue (Le's Automobile).
Requests approval to revise previously-approved plans for an auto repair facility and amend or
delete conditions of approval pertaining to the closing of two driveways and the planting of
landscaping.
ACTION TAKEN BY THE PLANNING COMMISSION:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
B8.
Denied the request to defer the installation of landscaping and the closing of the two driveways
for CUP NO. 4148 and amended the conditions of approval including adding two conditions
(PC2000-13) (7 yes votes).
Negative Declaration previously approved.
179: CONDITIONAL USE PERMIT NO. 4142 AND NEGATIVE DECLARATION
REQUEST REVIEW AND APPROVAL OF FINAL PLANS: O'Neal Communications, Attn: John
Tandy, 23141 Verdugo Drive, Suite 105, Laguna Hills, CA 92653, requests review and approval
of final plans to construct a 60-foot high telecommunications "monopalm". Property is located at
3150-3164 East La Palma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final plans for CUP NO. 4142 (7 yes votes).
Negative Declaration previously approved.
END OF THE PLANNING COMMISSION ITEMS FROM JANUARY 31,2000.
ORDINANCE FOR ADOPTION:
B9.
179: ORDINANCE NO. 5719 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 99-00-08 located at 101-311 North Beach Boulevard and 3001-3021 West
Lincoln Avenue from the RS-A-43,000 zone to the CL zone. (Introduced at the meeting of
February 8, 2000, Item BB.)
Mayor Daly offered Ordinance No. 5719 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5719 (ADOPTION) AMENDING TITLE 18 TO REZONE
PROPERTY UNDER RECLASSIFICATION NO. 99-00-08 LOCATED AT
101-311 NORTH BEACH BOULEVARD AND 3001-3021 WEST LINCOLN
AVENUE FROM THE RS-A-43,000 ZONE TO THE CL ZONE.
(INTRODUCED AT THE MEETING OF FEBRUARY 8, 2000, ITEM B8.)
Roll Call Vote on Ordinance No. 5719 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5719 duly passed and adopted.
ITEM B10 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 10, 2000 -
INFORMATION ONLY, APPEAL PERIOD ENDS FEBRUARY 25, 2000:
B10.
179: VARIANCE NO. 4387, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: Moussa Raiszadeh, P.O. Box 673, Bryn Maur, CA 92318
LOCATION: 349 South Ramsgate Drive: property is 0.70 acres having a frontage of 111 feet
on the west side of Ramsgate Drive and a maximum depth of 265 feet, located 265 feet north of
the centerline of Whitestone Drive.
Waiver of maximum structural height (25 feet permitted; 34 feet proposed for a cupola) to
construct a new 2 story single-family residence in the RS-HS-22,000 (SC) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Variance No. 4387 (ZA DECISION NO. 2000-11).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
ITEM Bll FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 14, 2000 INFORMATION
ONLY, APPEAL PERIOD ENDS FEBRUARY 24, 2000:
B11. 179: RECLASSIFICATION NO. 99-00-13 TENTATIVE PARCEL MAP NO. 99-227
AND NEGATIVE DECLARATION:
OWNER: Magali Rodriguez, 12316 Clearglen Avenue, Apt. D, Whittier, CA 90604
LOCATION: 127 South Hardinq Avenue. Property is 0.32 acre located on the west side of
Harding Avenue, 340 feet north of the centerline of Del Monte Drive.
Reclassification No. 99-00-13 - To reclassify subject property from the RS-7200 (Residential,
Single-Family) Zone to the RS-5000 (Residential, Single-Family) Zone.
Tentative Parcel Map No. 99-227 - To establish a two-lot single-family residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
NOTE: RECLASSIFICATION NO. 99-00-13 HAS A 22-DAY APPEAL PERIOD WHICH
EXPIRES MARCH 7, 2000.
Reclassification No. 99-00-13 GRANTED UNCONDITIONALLY (PC2000-18) (7 yes votes).
Tentative Parcel Map No. 99-227 APPROVED (7 yes votes).
Approved Negative Declaration.
D1. 179/170: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 99-00-09 VARIANCE NO.
4380 TENTATIVE TRACT MAP NO. 15961 AND NEGATIVE DECLARATION:
OWNER: California Department of Transportation, District 12, 3347 Michelson Drive, Suite 100,
Irvine, CA 92612-0661
AGENT: Advanced Real Estate Services, Attn: Rick Julian, 22974 El Toro Road, Lake Forest,
CA 92630
LOCATION: 4000 East Riverdale Avenue. Property is 10.0 acres located on the south side of
Addington Street, 310 feet east of the centerline of Fauna Avenue.
Reclassification No. 99-00-09 - To reclassify subject property from RS-A-43,000(SC)
(Residential/Agricultural; Scenic Corridor Overlay) Zone to the RS-5000(SC) (Residential,
Single-Family; Scenic Corridor Overlay) Zone or less intense zone.
Variance No. 4380 - Waiver of (a) required setbacks for lots adjacent to a freeway, and (b)
minimum building site width to construct 43 single-family residences.
Tentative Tract Map No. 15961 - To establish a 48 lot (43 residential lots and 5 lettered lots),
RS-5000(SC) single-family residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 99-00-09 GRANTED (PC99-208) (5 yes votes, Commissioners Boydstun
and Bristol absent).
Variance No. 4380 APPROVED (PC99-209).
APPROVED Tentative Tract Map No. 15961.
APPROVED Negative Declaration
Informational item at the meeting of December 14, 1999, Item B10.
Review of the Planning Commission's decision requested by Mayor Daly and Council Member
Tait. Public hearing continued from the meeting of February 8, 2000, Item D4.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: January 27, 2000
Mailing to property owners within 300 feet: January 27, 2000
Posting of property: January 28, 2000
The Public Hearing was continued from the meeting of February 8, 2000 mainly for the purpose of
obtaining information relative to why Caltrans surplused the property and, if they offered it to Anaheim,
under what terms.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
Mayor Daly. Last week (see minutes of February 8, 2000), this issue was discussed at length and
extensive input received. At the close of the hearing, he asked for a one-week continuance to obtain
answers to the questions he had posed regarding communications between Caltrans and the City. A lot
of staff work went into supplying the Council with detailed answers to the questions. (See Memorandum
dated February 14, 2000 from the City Manager to the Mayor/City Council - Subject: 91/55 Surplus
Property & 91 Toll Road - made a part of the record - which gave a chronology of what had occurred
relative to the property starting in March, 1989 to present and which also included 11 attachments of data
relating thereto.) The memos and letters provided are consistent in one respect. The City in the last
couple of years asked Caltrans to explain the status of the property and to respond to the City. There
was either no response, or a verbal response that said, we will get back to you. He is troubled that
Caltrans as a public agency was unable in recent years to respond to Anaheim's request as to what they
were doing with the property. After additional comments regarding the information provided, he
reiterated his concern that the history shows Caltrans did not listen to Anaheim's request to pursue other
alternatives and as recently as a year ago, told Anaheim they would get back to the City but did not do so
and meanwhile they knew that they had already sold the property.
City Manager Ruth. He confirmed that the Mayor was accurate and explained further that after the
meeting with Caltrans in July, 1999, there was a change in leadership at the local Caltrans Office.
Whether that contributed to the situation or not, he does not know. Caltrans never did communicate
back to the City and they assured they would do so.
Mayor Daly. He wanted to highlight one last item in the package presented by staff - a memo dated
March 9, 1998 to the City Manager/City Council from the Public Works Department - specifically the
line, "staff is communicating with Caltrans to retain the surplus property." From that time on, there was
no attempt to close the loop on that communication and, in fact, Caltrans had already gone to auction.
Mayor Daly then noted this is a continued Public Hearing. He asked the City Attorney's advice in either
encouraging or accepting public comment; City Attorney White. The hearing was closed after last week's
meeting. It is not required to take additional testimony. Based upon the additional information by staff,
the Council has the ability to ask questions of the developer or anyone else who has testified. If Council
feels the need for additional public testimony, they have the right to open the Public Hearing but it is not
legally mandatory at this time.
Mayor Daly. They have received a variety of letters and phone calls. He asked, for the public record,
how will the letters be incorporated; City Attorney White. Any letters that have been received from
members of the public can by this reference be incorporated into the record of the proceedings.
Mayor Daly asked Mr. Julian if he would like to comment on the paperwork submitted to the Council;
Rick Julian, Advantage Real Estate. He assumed this is a closed hearing. He has nothing additional to
comment on but would be happy to answer any questions.
Mayor Daly. This is a site where there have been previous proposals to build condominiums. The
current proposal is to build single-family homes. Planning staff continues to recommend against this
project. He believes Planning staff as well as Engineering staff have concerns with the proposal. For
that reason, he will not be supporting the project. Caltrans handling of the property aside, Planning staff
has examined the merits and recommended against houses being built in the manner proposed. They
have heard input from the neighborhood both pro and con. Some adjacent property owners believe the
only way to solve the problems of this vacant lot and the sound wall is to support the project. The
neighbors also want a traffic signal on Riverdale and feel this is the way to obtain it. Those thoughts are
unfortunate because, in fact, Caltrans and the City have the prerogative to install those improvements if
so desired. A lot of the packaging is confusing to affected neighbors. They have also heard from a lot of
adjacent property owners who are against the project.
Council Member Kring. The developer handed them a package tonight with a number of additional
letters in support and the people who live on Addington are the people in blue (working from a sheet
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
included in the package submitted). They felt this would add additional benefits to their neighborhood.
They are the people who adjoin the proposed development. The red dots are the people not initially in
support but who now do support it. The Orange Unified School District will also get about $340,000. The
School District itself said that only a handful of kids will be attending the school(s) from this
development. She will be supporting the project.
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.
Mayor Daly voted no. MOTION CARRIED.
Council Member Kring offered Resolution 2000R-33 for adoption approving Reclassification No. 99-00-
09 and Resolution 2000R-34 for adoption granting Variance No. 4380 subject to City Planning
Commission conditions. Refer to Resolution Book.
RESOLUTION NO. 2000R-33: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE
18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN
ZONES SHOULD BE CHANGED.
RESOLUTION NO. 2000R-34: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4380.
Before a vote was taken, Mayor Daly stated he is opposed for the reasons previously mentioned.
Council Member McCracken. She was on the Council three years ago and went to the community when
there was a proposal for condominiums. She is frustrated in the fact that at the time, she asked what
they wanted on the property and the residents said if they had homes like theirs or better, built according
to plans and limited in number, up to 60, that would be acceptable. The present proposal is for 41
homes. She finds that some of the people who wanted her to work for that are now saying they don't
want the project. That is the cause of her frustration.
Council Member Feldhaus. He was on the Planning Commission in 1989 when this all started. On May
21, 1990 the former developer came before the Commission asking for a 152-unit air space
condominium subdivision which was too dense a project; the next project was down to 101 units and
another for about 76 single-family residences, still too dense. The proposed project is for 7200 sq. ft. lots
for 41 single-family homes. He believes the developer has done due dilligence in getting the support of
the people most affected on Addington. He does not believe that this project is going to have an impact.
The developer has done all he can to mitigate any concerns. It is a Iow-density community of fine
housing that will complement the area. He intends to support the project.
Council Member Tait. He agrees that this developer has done everything in his power to mitigate the
problems with the site. He has "bent over backwards" and it is a quality development. He is sure the
homes will be first class and will probably work as far as traffic. However, he cannot get past Caltrans
selling the property in the first place. It seems counter-intuitive that the property would be sold at an
interchange where the 91 meets the 55. They have received five letters from Caltrans saying they are
never going to use the property. The last is from the District Director. He (Tait) cannot see voting for
this project because it seems that the land is too valuable for relieving congestion at the 91.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
Additional input/comments by Mayor Daly and Council Member Kring followed and the conclusion of
which Mayor Daly asked, relative to the proposed sound wall, how it will be similar to the existing sound
walls constructed by Caltrans further to the east or different from those sound walls and will they match.
Joel Fick, Planning Director. It is roughly a 14' wall. What is different, it is on top of a bermed area and
there will be 12' of landscaping on the outside of the wall that will be maintained as part of the project.
Mayor Daly, in concluding, expressed concern that he was never given a public opportunity when
Caltrans contacted the City about Anaheim's interest in the property, he was never given an opportunity
in public to discuss that. Also, for anyone to think the only option is for Anaheim to buy the property,
there are many other ways to obtain landscaping in that buffer zone. If they believe Caltrans does not
need the property, selling it and building houses on it is not the only alternative. He believes down the
road as Caltrans considers improvements to the 91, that open space buffers, landscape buffers and
beautification will be more needed than ever.
A vote was then taken on the foregoing resolutions and included in the action was a motion by Council
Kring seconded by Council Member McCracken approving Tentative Tract Map No. 15961.
Roll Call Vote on Resolution No. 2000R-33 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken
MAYOR/COUNCIL MEMBERS: Tait, Daly
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 2000R-33 duly passed and adopted.
Roll Call Vote on Resolution No. 2000R-34 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken,
MAYOR/COUNCIL MEMBERS: Tait, Daly
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 2000R-34 duly passed and adopted.
Motion on Tentative Tract Map No. 15961 was also approved by the foregoing vote.
Council Member Tait voted no. MOTION CARRIED.
Mayor Daly and
D2.
179: PUBLIC HEARING CONDITIONAL USE PERMIT NO. 4168, AND NEGATIVE
DECLARATION:
OWNER: American National Properties, 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 on the north side of
Mable Street at the terminus of Embassy Street.
To permit a 206,667 square foot, self-storage and outdoor recreational vehicle storage facility for
up to 127 recreational vehicles.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4168 GRANTED (PC99-225) (6 yes votes, Commissioner Arnold absent).
Approved Negative Declaration.
Informational item at the meeting of January 11, 2000, Item B2. Review of the Planning
Commission's decision requested by Mayor Pro Tem McCracken and Mayor Daly.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: February 3, 2000
Mailing to property owners within 300 feet: February 2, 2000
Posting of property: February 4, 2000
Annika Santalahti, Zoning Administrator briefed the proposed project as outlined in staff report to the
Planning Commission dated December 20, 1999.
Council Member McCracken. She asked for the hearing because of her concern that that neighborhood
is one in transition considering the widening of the freeway, the off-ramp at Lincoln as well as new
development and Redevelopment in the area. The area is now zoned industrial but with the changes
that are occurring, this property may be the kind that would be considered for a change in zoning. The
property owners may not be aware down the line that may be happening and commit themselves to a
project where instead there could be better use of the property at a later date.
Mayor Daly. He shares Council Member McCracken's concerns relative to the planning issues for this
property. He asked staff if they stepped through all the traffic issues related to the private school in the
neighborhood and some of the other industrial properties as well as the existence of a Redevelopment
area nearby.
Annika Santalahti. Uses like self-storage have heavier usage on weekends when the school is not as
active. The use works well next door to a school and was not a concern of staff. Regarding the
Redevelopment area, the project has been discussed with Redevelopment staff. It is on the other side
of the railroad tracks and there are no forseeable plans on that property for the next few years. It is a
little early to look at what this property might do in the future. There are the railroad tracks in between
the two areas. Redevelopment is aware of the possibility and did not voice any particular concerns
either.
Mayor Daly. He would like to know about the traffic questions looked at by staff, particularly the
interaction with the private school (Fairmont) which does include evenings and weekends. It is a six-day-
a-week school if not seven. It has a lot of Saturday activities. This issue has been discussed in the past,
i.e., how the existence of the school creates difficulties in the industrial area.
Council Member Feldhaus interjected and stated they are taking access off Mabel and Embassy. He has
first-hand knowledge that school buses that park there at school exchange time backing traffic all the
way down to Broadway onto the street. Code Enforcement has been out to the area and has assigned a
staff person full time to work with the school trying to address the traffic problems and some other
problems in violation of their CUP. He is disappointed that someone from Code Enforcement is not
present to report on what the problems are. He calls it a "daymare" - it is a real problem and needs to be
addressed. People are parking westbound all along Mabel and Loara and there have been 12 school
buses parked on the street with the red flag out and people were afraid to go around them. That situation
existed two or three weeks ago and he knows that Code Enforcement has been working diligently with
them. Before he votes for the project, he personally wants to hear from Code Enforcement or somebody
from Planning that the problem has been corrected.
Annika Santalahti. At the Planning Commission meeting, this project was analyzed in the context of the
project solving many of the problems for Fairmont School.
Mayor Daly. The prospect of a continuance has been broached. He asked the City Attorney his advice
as to what is most appropriate at this time.
City Attorney White. Since the hearing was noticed for this evening, the hearing should be opened. If it
is clear there is no information that can be provided or people are not present to provide that information
the Council feels is necessary, there will be a continuance. They should at least let the applicant or his
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
representative know of the issues, hear from the applicant and then decide if they are going to continue
the hearing and who they need to be present to answer the questions.
Mayor Daly opened the Public Hearing.
Applicant's Statement: Phil Schwartze, Planner, working for the property owner, American National
Properties, an Anaheim based business. He is present this evening with staff support for the request,
Planning Commission approval, and neighborhood support. Several letters are in the Council packets,
one of which is from Fairmont School and one from Bryan Industrial Properties. Fairmont School was a
key issue to the planning process. The letter from Dr. Jackson (Fairmont School) who could not be
present indicated he is very favorable particularly because they would be such a good neighbor. Self-
storage generates a very Iow amount of traffic. Primary time for the use is 2 o'clock on Saturday
afternoons with perhaps 11 cars on site at one time. Other than that, during the day, there is about one
car every 15 or 20 minutes with full buildout. Prior to their buying the property, they looked at the
General Plan, zoning, Redevelopment issues, Council guidelines relative to self-storage, etc. It was
determined to be the best use on the property and to be able to retain it for their own portfolio so that if a
change came up in the future, they would have an opportunity to change the property. They are looking
ahead. This project as planned is a phased project. Working from the posted graphic, he described the
phasing and what the property would be used for. He also described surrounding land uses noting that
the storage facility will be the primary neighbor to Fairmont School. The traffic from Fairmont will not
interfere with their use. They have worked with the neighbors. It is not the intention to subdivide the
property. It is a $10 million investment.
The Mayor asked if anyone else wished to speak.
Mr. ltv Pickler, 2377 Mall Avenue, Anaheim. He is present representing Bryan Industrial Properties, Inc.
He referred to and read letter dated February 9, 2000 previously submitted by John Maresca, Director of
Marketing, Bryan Industrial Properties stating, "Bryan Industrial Properties, Inc. hereby supports the use
proposed in the application for Conditional Use Permit No. 4166, with the understanding that the access
for the project on Embassy Street will be secondary in nature." They request that the CUP be granted.
Phil Schwartze. He would be happy to answer any questions or walk the Council through the material
submitted. They look forward to approval of the CUP.
Council Member Feldhaus. He has some questions of staff and some updates. He would like to
continue this matter until he can get the questions answered especially having to do with traffic impact;
Mayor Daly. March 7th is the next Council meeting which is still within the mandated timeframe.
MOTION. Council Member Feldhaus moved to continue the Public Hearing on CUP 4168 to March 7,
2000. Council Member Kring seconded the motion. MOTION CARRIED.
Council Member Feldhaus. He wants to be sure a representative of Code Enforcement is present at that
meeting.
C2. COUNCIL COMMENTS:
Council Member McCracken: She sits on the Sanitation District Board and the Sanitation District and
Water District have a proposal for a Ground Water Replenishment Plan (see minutes of May 18, 1999
when a Workshop was held on the Plan). Anaheim presented some concerns for the environmental
report. Somewhere along the line they need to have an update - what is Anaheim's present position -
whether a workshop or a written report. She feels they need an update and can subsequently take a
position on whether Anaheim supports the project and wants it to go forward. She is asking staff for a
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
report and also whether the Council would like a workshop on the matter. The Sanitation and Water
District are looking to Anaheim's opinion on the Plan.
Mayor Daly. He asked the City Manager if he had any perspective on this project and how would he like
to handle it; City Manager Ruth. He believes the best thing to do would be to talk to the Utilities General
Manager to see if it necessitates a workshop. Perhaps a written report would be best at this time since a
previous workshop was held in May of 1999. (See minutes of May 18, 1999 - Workshop - Ground
Water Replenishment Plan). He will get a report and submit it as quickly as possible.
Mayor Daly. After the report is received, he would look to Council Member McCracken to see if another
workshop is warranted. He has talked to staff about this project in the past particularly about what he
perceives is the need for more environmental aesthetic beautification enhancements to Water District
facilities near Anaheim Hills along the 91 freeway corridor, etc. He doesn't know if those facilities are
tied in to the Ground Water Replenishment Program. The environmental mitigation and beautification
enhancements are what the City deserves if they are going to have major public works projects in the
City. Staff informed him they are analyzing the EIR for the project and are looking into those issues.
Council Member McCracken. Perhaps Mr. Aghjayan would consider having representatives of both the
Sanitation and Water District present to hear the City's concerns and interests. The project is something
that is vital to the growth of Anaheim and Orange County, i.e., two issues, disposing of sewer water and
being able to have enough water for the needs of the community. After reviewing the report, they can
determine where to go from there.
Council Member Krinq: She referred to the issue brought forth this evening under Items of Public
Interest, i.e. Proposition 22. She questioned if there was time to draw up a resolution of support: City
Attorney White. The first opportunity to submit such a resolution would be on March 7, 2000 and that is
election day.
Council Member Kring. The Council received about 30 cards supporting Proposition 22. Personally, she
will be supporting it but cannot speak for her colleagues; Council Member Feldhaus stated she could
speak for him. He is supporting the proposition as well.
Council Member Feldhaus: An issue that constantly comes up is that the Council does not define
what constitutes, "irregularly shaped" and "non-accessible" (relating to property). Perhaps a workshop
session is in order.
City Attorney White. The Planning Commission and Planning Department along with his staff took time
to do that about six months ago and they ultimately came to the conclusion, "they know it when they see
it but couldn't define it." However, he will be happy to participate in whatever Council would like to do.
It was determined at the Planning Department and Planning Commission level, it is a difficult task to
define an irregular shape. It may be to their advantage to have a subjective rather than an objective
definition. If they create an actual objective definition, there may be times on some lots when they had
wished the definition fell the other way.
Mayor Daly asked for clarification if he (Feldhaus) would like the City Attorney to clarify the issue and
give some suggested language; Council Member Feldhaus answered, yes.
City Attorney White. He can submit a report to the Council.
ADJOURNMENT: By general Council consent, the Council Meeting of February 15, 2000 was adjourned
with the next regularly scheduled meeting to be held Tuesday, March 7, 2000. ADJOURNED: 8:27
P.M.
SHERYLLSCHROEDER
19
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 15, 2000
CITY CLERK
2O