2000/03/07ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES,
MARCH 7, 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
A complete copy of the agenda for the meeting of the Anaheim City Council was posted on March 3,
2000 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all
items as shown herein.
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.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing 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) - Existing Litigation:
Name of Case: Lease Ali-Anaheim v. City of Anaheim, et al., Orange County Superior Court
Case No. 95-04-43.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of Case: City of Anaheim v. Equitable Pacific Partners Limited Partnership, et al.,
Orange County Superior Court Case No. 78-38-05.
CONFERECE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
Agency designated representative: David Hill
Name of employee organization: Anaheim Firefighters' Association, and SEU
Local 1877.
PUBLIC EMPLOYEE PERFORMANCE REVIEW:
Title: City Manager (Midyear review and goal setting).
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Title: City Clerk (Six month review).
By general consent the Council recessed into Closed Session. (3:00 p.m.)
AFTER RECESS:
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
Mayor Daly called the regular Council meeting of March 7, 2000 to order at 5:17 p.m. and
welcomed those in attendance.
INVOCATION: Pastor Bryan Crow from the Garden Church gave the invocation.
PRESENTATION OF COLORS AND FLAG SALUTE: Girl Scout Troop 1527 presented the colors and
led the assembly in the Flag Salute. Those members of the troop who were present, then sang a song for
the Mayor/Council and the audience and subsequently presented Girl Scout Cookies to the Mayor,
Council Members and staff members.
119: PROCLAMATION: The following Proclamation was authorized by the City Council:
Proclaiming March 11 - 19, 2000 as Girl Scout Week
Shelia Herrell, Community Relations for Girl Scouts of Anaheim introduced the leaders of Troop 1527,
Debbie Herman and Cindy Obed. They were all pleased to be present and stand ready to assist should
there be a need for flag ceremonies in the future.
DECLARATION OF ACKNOWLEDGMENT AND THANKS: A Declaration acknowledging the Chevron
Companies for their commitment and contributions to the "Kids for Parks" program was presented to
Santana Gonzales, Public Affairs Manager and Al Lundmark, Retail and Promotions Manager, Chevron
Products Company.
Mayor Daly and Council Members expressed their sincere thanks to the Chevron Companies for their
ongoing support of the "Kids for Parks" program.
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
PUBLIC COMMENTS - AGENDA ITEMS AND PUBLIC INTEREST:
Mr. Ben Karmelisch spoke on Item B7. See discussion under that item.
Mr. Len Lahtinen spoke on Item A28. See discussion under that item.
Mr. Richard Ackerman spoke on Item B8. See discussion under that item.
Lode Mendoza, 1774 S. Strathmore Place, Anaheim 92802. They call themselves, the Katella 9, i.e.,
nine homeowners on Katella (at the end of cul-de-sacs on Heather, Norfolk, Canterbury, Strathmore and
one on Ninth Street). She referred to the handout submitted before the meeting (made a part of the
record) which the Council acknowledged they had received. The homes are located on the north side of
Katella between 9th Street and Walnut Avenue in the Anaheim Resort Area. Next to each of their homes
is a vacant lot. The expansion of Katella left an excess surplus lot next to their homes. An offer has
been made by the City to purchase those lots. They have questions with regard to the offer and asked to
meet with City staff which they did. The residents were asked to submit their questions in writing. They
received a reply from the City - see letter dated February 29, 2000 from Gary Johnson, Director of
Public Works and City Engineer. The residents have additional questions and are also concerned that
the appraisal utilized for the property ($45,000 and one at $60,000) was not an "apples to apples"
appraisal and she explained why. The fair market price is based on "buildable" where their lots are not
buildable. She would have a problem getting a loan to build on a non-buildable lot.
In concluding, Ms. Mendoza stated they need help. They would like to make an offer for this "non-
buildable" land and would like a new appraisal or whatever the City needs to do to come up with an
appropriate price for the land.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
Mayor Daly. They will ask the City Manager to comment on the status of the matter at the conclusion of
public comments.
Mike Guerrero, 1773 S. Strathmore Place, Anaheim 92802. He is present to back up the statements
made by Lode Mendoza and would also like to know what is defined "buildable."
Mayor Daly asked the City Manager to explain the status of the process as well as respond to the points
raised; City Manager Ruth. He is going to ask Gary Johnson, Director of Public Works to respond since
his department was responsible for the evaluation and the process that resulted in the recommendation.
Gary Johnson, Director of Public Works and City Engineer. They have been working on acquisition of
property along Katella for a number of years. Staff did correspond with the residents recently and have
met with them on a number of occasions. OCTA is another agency that is in the mix because they are
funding the project so the ownership interest is that of OCTA and the City is administering the project.
He then deferred to Natalie Meeks.
Natalie Meeks, Civil Engineer, Public Works. Staff met with property owners regarding what was going
to happen to the remnant parcels. They are currently in the process of having the appraisal reviewed
and are working with OCTA to get their concurrence on different options for disposing the property and
whether they need to be sold at the value of a developable lot or the value of possibly an adjoinder lot.
Part of the letter that went out to the property owners indicated they would be back with them in the next
few weeks with some final determination on a couple of issues where they could not yet provide answers.
City Manager Ruth. As soon as they get the information, staff will be meeting with the residents to
explain the requirements; Natalie Meeks. She hopes to get a letter out to the property owners next week
which should answer the remaining questions. Staff will be happy to meet with the residents to review
the answers and to give an opportunity to ask additional questions. She also clarified for the Mayor that
the ultimate resolution of the issue will be an action by the City Council, i.e., disposing of real property.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,470,340.13 for the period ending
February 22, 2000, $2,451,067.35 for the period ending February 28, 2000 and $4,540,796.76 for the
period ending March 6, 2000 in accordance with the 1999-2000 Budget, were approved.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of March 7, 2000. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A25: 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-34A and 2000R35, for adoption. Refer to
Resolution Book.
Al. 105: Receive and file minutes of the Public Utilities Board meeting held January 6, 2000.
105: Receive and file minutes of the Anaheim Redevelopment and Housing Commission
meeting held January 19, 2000.
105: Receive and file minutes of the Park and Recreation Commission meeting held January
26, 2000.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
156: Receive and file the Anaheim Police Department Crime and Clearance Analysis for the
month of January 2000.
105: Receive and file minutes of the Anaheim Private Industry Council meeting held January
27, 2000.
A2.
167: Award the contract to the lowest responsible bidder, Inspection Engineering Construction,
in the amount of $129,906 for traffic signal Installation at the intersection of Ball Road and
Gaymont Drive and approve and authorize the Finance Director to sign said agreement.
A3.
175: Award the contract to the lowest responsible bidder, Spiniello Companies, in the amount of
$293,777 for Illinois Street water main relining and approve the Escrow Agreement with Spiniello
Companies and authorize the Finance Director to sign said agreement.
A4.
169: Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of
$495,350.07 for Ball Road street improvements, Sunkist Street to State College Boulevard, and
approve and authorize the Finance Director to sign said agreement.
A5.
169: Award the contract to the lowest responsible bidder, All American Asphalt, in the amount
of $643,755.92 for Euclid Street improvements from Ball Road to Katella Avenue and in the
event said Iow bidder fails to comply with the terms of the award, award the contract to the
second Iow bidder, as well as waive any irregularities in the bids of both the Iow and second Iow
bidders, and approve and authorize the Finance Director to sign the Escrow Agreement.
Ae.
169: Award the contract to the lowest responsible bidder, R. J. Noble Company, in the amount
of $2,242,891.92 for Lincoln Avenue rehabilitation, East Street to West Street, and approve and
authorize the Finance Director to sign the Escrow Agreement.
A7.
164: Approve Contract Change Order No. 1, in the amount of $27,192.06 in favor of Elser
Constructors, Inc., for the Harbor Boulevard sewer improvement from Wilken Way to Chapman
Avenue.
A8.
123: Approve an Agreement with the Anaheim Transportation Network in the amount of
$47,994.54 to install ten electric vehicle charging stations.
A9.
123: Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055
Program Supplement No. M066, for the Brookhurst Street improvement project from Harriet
Lane to Katella Avenue.
Al0. 179: Adopt a Negative Declaration of Environmental Impact for the construction of the Lincoln
Avenue/Euclid Street intersection.
All.
160: Accept the alternate Iow bid of Virco Manufacturing Corporation in the amount of $162,600
for 3,000 stack chairs for the Convention Center expansion area in accordance with Bid #6010.
A12.
160: Accept the Iow bid of George Salinas Tree Preservation in the amount of $54,909 for the
full trim of approximately 1,059 pine trees in accordance with Bid #6013.
A13.
116: Approve the City of Anaheim Internet Task Force's report on internet sales tax and transmit
the report to the National Advisory Commission on Electronic Commerce and appropriate
governmental entities. (Continued from the meeting of February 15, 2000, Item A26.)
Submitted was memorandum dated February 15, 2000 from Council Member Feldhaus to the City
Manager/City Council - Subject: Internet Sales Tax Task Force Report. (Council Member Feldhaus is
a member of that Task Force.) Attached to the memorandum was the final report and recommendation
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
of the Task Force. (See - City of Anaheim Internet Sales Tax Task Force - January 2000 - made a part
of the record.) The recommendation as reported is, "Introduction of legislation or Congressional
Resolution to remedy the inequities between "brick and mortar" and e-commerce retailers by requiring
Internet retailers to collect and remit applicable sales/use tax."
Council Member Tait. He is going to vote no on this issue because he believes it is a bad precedent to
set to recommend a tax on the Internet. One of the goals of the City is to encourage continued e-
commerce growth. Taxing the Internet is contradictory to encouraging that growth. Citizens are not taxed
when they buy something in another state. For those reasons, he will be voting no.
Council Member Kring. She is going to register a no vote as well.
Mayor Daly. He asked to hear from Government Relations staff on the latest relative to the Federal
legislative process in Washington, D.C. as well as any other action on the subject in Sacramento and
why they believe Anaheim needs to express its opinion today rather than down the road.
Phil Tsunoda, Legislative Analyst. The item today is to make recommendations to the National Advisory
Commission on Electronic Commerce which is meeting in Dallas on March 20. The Advisory
Commission will, in turn, eventually make recommendations to the U. S. Congress in April. The
Congress will subsequently make its determination as to how best address the issue. What the issue is
for the City of Anaheim and the Task Force is those transactions that occur via e-commerce, there is no
self-assessment of the sales tax obligation currently occurring. All that the Task Force is recommending
is that a mechanism be in place for that self-assessment taxation obligation to occur. Both the
Congress and the State Legislature are taking up these issues because they do understand it is a
revenue issue for State and local governments and an issue of equity for "brick and mortar" mainstream
USA retailers.
Mayor Daly. His understanding is that the recommendation on what Anaheim's position should be was a
unanimous recommendation; Mr. Tsunoda confirmed that was correct.
Further discussion followed wherein Mayor Daly posed questions for purposes of clarification relative to
timing, if there were any specific legislative proposals as yet, etc., which were answered by Mr. Tsunoda.
Council Member Feldhaus. He reported that four out of five of the members of the National Governor's
Association of the states do not want a U.S. ban on web sales tax. He emphasized they are only trying to
protect the sales tax currently a law in the State of California and other states throughout the country. It
was a clear direction of the Task Force they did not want imposition of any new taxes on the internet.
Sales tax supports the General Fund of the City in the amount of about $44 million a year. These funds
support Police, Fire, Public Safety, Parks and Recreation and social programs. If "brick and mortar"
companies and "mom and pop" operations can no longer compete, it becomes a problem.
The Task Force was looking at the level of fairness between mainstream retailers and e-commerce
companies. No new taxes were advocated, only the collection of the sales tax obligation which is
already on the books and has been for a number of years. Anaheim by taking a positive approach and
responding to the appeal of the Senators from Virginia (Moran and Davis) and being able to give some
input to the Congress as far as this City's investigation. He feels they would appreciate the input and it
will also identify the City as a forerunner on the issue. A great deal of time was spent on the issue and
even a representative from the State Board of Equalization was in on the discussion.
MOTION. Council Member Tait move to deny Item A13. Council Member Kring seconded the motion.
Before a vote was taken, Council Member Kring stated she would like to wait on this. The reason for a
three-year moratorium is because it is such a big issue. There are many questions and different ways a
tax could be imposed. If a company has "bricks and mortar" in California and something is purchased
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
from that company on the internet, they charge a tax. If there is no presence in California and something
is purchased, there is no tax. There is no taxation without representation and Congress felt because of
this, a person could not be taxed. That was the scenario and the reason for the three-year moratorium.
Council Member Feldhaus. If there is no nexus in a State, at that point they could assess a sales tax.
They are talking about those cases where there is no nexus as explained in the data under Item A13.
Council Member McCracken. She was not under the impression that this item was going to place a tax
on the internet. She was at the League Meeting in Washington last year when the representatives from
Congress told them they wanted to spend this time collecting information, ideas and suggestions from
communities all across the country. She thought that's what this was. She does not know how Congress
or any Commission can get any information if cities just disagree with everything. Somehow the
Commission has to get input from all over the country.
After further discussion on the issue between Council Members McCracken and Kring, Mayor Daly stated
he believes the Task Force met in good faith for almost a year which included representatives of
business including the Chamber of Commerce. He is impressed that the recommendations were
unanimous and people who are now experiencing an unfair system where their competitors are not
taxed, and they are. That convinces him that the Task Force report is worthy of support.
Council Member Kring. She would liked to have seen a great many more people from the business
community on the Task Force and had much more input from them.
Mayor Daly. It goes without saying that the Chamber with almost 1,000 members was represented and
he presumed the Chamber worked very effectively.
A vote was then taken on Council Member Tait's motion to deny item A13 and failed to carry by the
following vote: Ayes: Kring, Tait. Noes: Feldhaus, McCracken, Daly.
MOTION. Council Member Feldhaus moved to support/approve the City of Anaheim Task Force report
on internet sales tax and transmit the report to the National Advisory Commission on Electronic
Commerce and appropriate governmental entities. Mayor Daly seconded the motion. Council Members
Kring and Tait voted no. MOTION CARRIED.
A14.
150: Approve a request from the Anaheim City Golf Championship Tournament Committee to
waive the tournament surcharge of $10 per golfer per day for the 2000 tournament.
A15.
123: Approve an Agreement with the Anaheim Cinco de Mayo Fiesta Committee for the 29th
Annual Cinco de Mayo Fiesta at La Palma Park on April 29 and 30, 2000.
A16.
A17.
123: Approve an Agreement with Placentia-Yorba Linda School District for an after-school
recreation program at Glenview Elementary School at a cost of $6,325.
150: Approve an expenditure of $5,000 to support the Anaheim Arts Council for the 8th Annual
Children's Art Festival at Center Street Promenade on May 20, 2000.
A18.
153: Approve a rate reduction for the Aetna U. S. Healthcare Temporary Disability Income Plan
to be effective March 1,2000.
A19.
153: RESOLUTION NO. 2000R-34A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM establishing rates of compensation for classifications assigned to the General Unit
represented by the Anaheim Municipal Employees Association to create the classification of
Lead Custodian effective March 17, 2000.
A20.
123: Approve an Agreement with Fields Deveraux Harley Ellington Design in the amount of
$32,100 for a needs assessment, lab program and schematic plan for the Anaheim Police
Department Forensic Laboratory.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
Council Member Kring noted there was a proposition on today's Primary Ballot regarding funding for
forensic labs. She asked, if that proposition passes, would it have any bearing on this item.
City Manager Ruth. They have applied for that grant program but if not approved, they can use Mello-
Roos monies. Either way, they would be covered but they would definitely go after the grant if the bond
issue is approved.
A21.
156: Authorize the Chief of Police to submit a grant application to the State Office of Criminal
Justice Planning for the California Law Enforcement Technology Equipment Purchase Program
and execute all required grant documents.
A22.
160: Waive Council Policy 306 and ratify the issuance of a purchase order in an amount not to
exceed $160,000 to Agilent Technologies for the purchase of 50 automatic external defibrillators.
A23.
175: Certify that the approval of the Customer Choice Program and adoption of Rule 28 of, and
certain revisions to, the Electric Rates, Rules and Regulations are statutorily exempt, under
California Environmental Quality Act, Public Resources Code, Section 21050(b)($), and title 14
of the California Administrative Code, Section 15273(a); and approve the proposed Customer
Choice Program.
175: RESOLUTION NO. 2000R-35 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-205.
A24.
123: Approve and authorize the Chief of Police to execute a lease agreement with James Tsai
in the amount of $1.20 a month per square foot for the rental of the West Anaheim Police Station
located at 3150 W. Lincoln Avenue, #120; authorize reimbursement to the landlord for required
tenant improvements not to exceed $150,000.
A25.
114: Approve minutes of the Anaheim City Council meetings held January 25, 2000, February 1,
2000 and February 8, 2000.
Roll Call Vote on Resolution Nos. 2000R-34A and 2000R-35, for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 2000R-34A and 2000R-35, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A26. 121: CONDEMNATION HEARINGS - STATE COLLEGE BOULEVARD/SR-91 FREEWAY
AND CLEMENTINE STREET WIDENING IMPROVEMENT PROJECT (ANAHEIM RESORT
AREA: To consider the adoption of resolutions finding and determining the public interest and
necessity to require condemnation of certain real properties located in the State College
Boulevard/SR-91 Freeway improvement project area and the Clementine Street Widening
improvement (eastside) project (Anaheim Resort Area); and authorizing legal counsel for the
City to proceed with said condemnation action.
City Manager Ruth. There is a request for continuance on Item A26. (c) for three weeks. On
items A 26. ( b ) and A26. (h), staff is requesting that those be removed since they have been
negotiated and are in the process of being resolved.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
Mayor Daly. This is the time for the hearing on the proposed acquisition by eminent domain of seven
separate properties in connection with the State College Boulevard/SR91 Freeway Improvement Project
and the proposed acquisition by eminent domain of two other properties in connection with Clementine
Street Widening (Eastside) Improvement Project for the Anaheim Resort Area. The property interests
proposed to be acquired for each property are legally described in the resolutions attached to the staff
report for each proposed acquisition. He asked to hear from staff.
Natalie Meeks, Project Manager/Civil Engineer, Public Works. Staff is recommending adoption of
Resolutions of Necessity for the acquisition or right of way identified under items A26(a) through (i) with
the exception of A26(c) on which they are requesting a three-week continuance and (b) and (h) since
executed agreements have been received. Resolutions (a) through (g) are for the acquisition of right of
way necessary for construction of improvements on State College Boulevard at the 91 Freeway.
Funding for the project is from Measure M Interchange Funding. Item (i) is for the acquisition of right of
way necessary for construction of improvements on Clementine north of Katella and part of the
implementation of the Anaheim Resort Area Improvement Plan. Funding for this project is from the sale
of Resort Area bond proceeds. To date, the City's acquisitions consultant has been unable to obtain fully
executed agreements for these parcels (A26 (a), (d), (e), (f), (g) and (i)) and staff is recommending
adoption of the Resolutions of Necessity to ensure the City obtains legal possession of the properties in
time for the scheduled construction. Staff will continue to work with each property owner to reach a
settlement and address all of their concerns. Staff is prepared to answer any questions as well as special
counsel; Mr. Cosgrove from Rutan and Tucker is present on all items with the exception of (d) and (e) on
which they have a conflict. Those items will be handled by Oliver, Bart and Vose.
MOTION. Mayor Daly moved that the hearing for the properties located at 1419 and 1423 North State
College Boulevard, as described in subparagraph (c) on the agenda, be continued for three weeks.
Council Member McCracken seconded the motion. MOTION CARRIED.
MOTION. Mayor Daly moved that the hearing for the properties described in subparagraphs "b" and "h"
on the agenda be terminated at this time. Council Member McCracken seconded the motion. MOTION
CARRIED.
Mayor Daly then asked by a show of hands in the audience if there was anyone present who wishing to
testify on any of the remaining proposed acquisitions. No one was present to speak.
Mayor Daly thereupon closed the hearing and offered all six resolutions for the property described in
subparagraphs (a), (d), (e), (f), (g) and (i), Agenda Item A 26. If there is no discussion by Council on any
of the items, he called for a roll call vote on all six resolutions. (City Attorney White clarified that all
resolutions required a 4/5's vote for adoption, i.e., at least four affirmative votes.) Refer to Resolution
Book.
(a)
121: RESOLUTION NO. 2000R-36 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining the public interest and necessity for acquisition of a portion of certain
real property located at 1481 North Daly Street for the purposes of conducting roadway
improvement (R/W 5175-11).
(c)
121: RESOLUTION NO. - ...... RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining the public interest and necessity for acquisition of a portion of certain
real property located at 1419 and 1423 North State College Boulevard for the purposes of
conducting roadway improvement (R/W 5175-6A & 6B). CONTINUED THREE WEEKS.
(d)
121: RESOLUTION NO. 2000R-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining the public interest and necessity for acquisition of a portion of certain
(e)
(f)
(g)
(i)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
real property located at 1420 North State College Boulevard for the purposes of conducting
roadway improvement (R/W 5175-5A & B).
121: RESOLUTION NO. 2000R-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining the public interest and necessity for acquisition of a portion of certain
real property located at 1440 North State College Boulevard for the purposes of conducting
roadway improvement (R/W 5175-8).
121: RESOLUTION NO. 2000R-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining the public interest and necessity for acquisition of a portion of certain
real property located at 1250 North State College Boulevard for the purposes of conducting
roadway improvement (R/W 5175-3A & 3B).
121: RESOLUTION NO. 2000R-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining the public interest and necessity for acquisition of a portion of certain
real property located at 1219 North State College Boulevard for the purposes of conducting
roadway improvement (R/W 5175-1).
121: RESOLUTION NO. 2000R-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining the public interest and necessity for acquisition of a portion of certain
real property located at 1730 South Clementine Street for the purposes of conducting roadway
improvement (R/W 5180-89).
Roll Call Vote on Resolution Nos. 2000R-36 throuqh 2000R-41, both inclusive, for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 2000R-36 through 2000R-41, both inclusive, duly passed and
adopted.
A27. 105: Board/Commission Appointments/Resiqnations:
Appointment To Budqet Advisory Commission:
Appointment to the Budget Advisory Commission to fill the current vacancy of Jeffrey Roberts,
term expiring June 30, 2001.
Mayor Daly. Letters of interest have been received, some of them over the last three years when there
were previous vacancies, or a total of six names.
Council Member McCracken. She did not have time to talk to any of the individuals and is asking the
Council's indulgence in continuing this matter to the next Council meeting on March 21. Council Member
Kring seconded the motion. MOTION CARRIED.
Before concluding, City Clerk, Sheryll Schroeder, answering Council Member Feldhaus, stated that she
had spoken to each of those who had expressed previous interest and all are still interested.
A28.
142: Proposed Charter Amendments:
Recommendations of proposed City Charter amendments submitted by the 1999/2000 Charter
Review Committee.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
Leonard Lahtinen, 2731 W. Savoy, Anaheim. As a citizen, he appreciates the time and effort put into the
review of the City Charter. He could not find fault with any of the technical recommendations by the
Committee. He attended one of the hearings and suggested three substantive changes; however, the
Committee was unimpressed with his proposals but that has not deterred him from bringing them forward
tonight - (1) increasing the size of the Council, (2) include district representation, (3) preclude conflict of
interests. He believes the residents would be better served by a seven-member Mayor/Council system
with some district representation, i.e., a combination of at-large and district representation - the Mayor
and three Council Members elected at large and three district Council Members, one each for west,
central and east Anaheim. Relative to the recommendation to eliminate term limits, that would be more
palatable to him if some Council Members are elected by district. Finally, another matter not addressed
relates to conflicts of interest. There has been a City employee and also a person doing business with
the City serve as Council Members. They are required to abstain from participating in important
decisions. He fears City governance could be stalled or stymied by decision makers who are in conflict.
He asked that they give his thoughts consideration.
Mayor Daly. The Council last year appointed citizens to review the City Charter and review the
document in relation to current State law to insure the Charter is a modern and forward-looking
document. There have been three previous Charter Amendment Committees appointed which is done
approximately every ten years to examine the Charter and suggest appropriate changes. He
emphasized, however, that any changes to the Charter must be presented to and approved by the
voters. The City Attorney has summarized for the Council the work of the Charter Review Commission
(see memorandum dated February 22, 2000 from the City Attorney - Subject: Charter Amendments,
with attachments). The Commission is recommending 13 amendments that can be considered
substantial and an additional 20 which are technical or housekeeping in nature for a total of 33. The
Council has the task, along with the advice of the City Attorney and the affected departments, to decide
which, if any, of the 33 should go before the electorate of the City and when those amendments should
go on the ballot. In years past, previous Councils have decided to put all, or some, or none of the
proposed amendments on the ballot. It would be cumbersome to try to place all 33 on the next General
Election ballot in November. At the least, their task will be to try to reduce this list to a manageable
number and then decide which of the shorter list of amendments should go to the voters. A suggestion
has been raised that the Council may want to have a workshop to go into detail on each and every one of
the amendments. Although he believes they have been following the work of the Charter Review
Commission which has been receiving news media coverage, this is the first time the amendments have
been presented to the Council. They could ask the City Attorney to comment in general this evening or
on specific amendments or schedule a workshop so they all have a chance to go through the 33
amendments, understand the rationale, ask the City Attorney questions in a public setting and
subsequently the package could come back to the Council in the next month or two following that
workshop. They could then start trying to narrow the list of items they all believe should go to the voters.
MOTION. Council Member McCracken moved that a workshop be scheduled for Council to consider and
discuss the proposed amendments recommended by the Charter Review Commission. Council Member
Kring seconded the motion.
Before a vote was taken, discussion took place relative to the length of the workshop, etc.; Council
Member Feldhaus stated he felt they could deal with the technical/housekeeping changes tonight
questioning why they would even have to discuss those at any length.
Council Member Kring. The package is extensive and she would not want to do any voting at this time
on anything.
City Attorney White. He suggested that there be a workshop at the earliest possible date, that it be a
one-hour session, see what transpires and subsequently schedule an additional workshop if necessary;
Council Member McCracken noted they would have until July the latest to make a final decision. She
feels they need to take the time to sift through the recommendations, prioritize them and go from there.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
They should perhaps also get additional input from the CRC whose discussions were undoubtedly more
in depth.
Mayor Daly. Council Member Feldhaus made an excellent point. Of the 33 proposed amendments, nine
are very minor and housekeeping in nature and could be combined into a single ballot measure. That will
simplify the process and there are probably others that can be combined.
A vote was then taken on the scheduling of a workshop to discuss the amendments and the date of the
workshop established as March 21,2000. MOTION CARRIED.
Items B1 throuqh B4 From Planninq Commission Meetinq of February 14, 2000 (No action
necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS
MARCH 7, 2000:
B1.
B2.
179: Conditional Use Permit No. 3812 and Neqative Declaration:
OWNER: TW Investments and IW Investment Corp., Attn: Kape Properties, P.O. Box 6474
Beverly Hills, CA 90212
AGENT: Kape Properties, Attn: Allen Weinstock, 1180 South Beverly Drive, Suite 511, Los
Angeles, CA 90035
LOCATION: 1325, 1331 and 1341 North Blue Gum Street. Property is 9.7 acres located at the
northwest corner of Miraloma Avenue and Blue Gum Street (Star Van Conversion).
To consider reinstatement of this permit which contains a time limitation (originally approved on
March 4, 1996 to expire on October 13, 1998 and reinstated on December 21, 1998 to expire on
October 13, 1999) to retain previously-approved automotive van conversion and modification
facility in an existing industrial business park.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3812 to expire February 14, 2001 (PC2000-16) (7 yes
votes).
Negative Declaration previously approved.
179: Waiver of Code Requirement Conditional Use Permit No. 4177 and Neqative
Declaration:
OWNER: Property Reserve, Inc., 35 Century Parkway, Salt Lake City, UT 84115
AGENT: Dennis Flynn Architects, Inc., 5109 East La Palma Avenue, Anaheim, CA 92807
LOCATION: 1303-1371 North Euclid Street. Property is 6.42 acres located at the northwest
corner of Medical Center Drive and Euclid Street.
To establish conformity with existing Zoning Code land use requirements for an existing
commercial retail center and to permit an automotive dealership with accessory auto repair
services and a 60-foot high freeway-oriented sign with waiver of (a) minimum number of required
trees (deleted), (b) required parking lot landscaping (deleted, (c) minimum distance between
freestanding signs, (d) minimum lot size for an auto dealership to permit a freeway-oriented sign,
(e) minimum number of parking spaces, and (f) permitted encroachments into required yards
(deleted).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4177 GRANTED, IN PART, denied waivers (a), (b), and (f) (7 yes votes); denied
waiver (d) (4 yes votes; Commissioners Bostwick, Boydstun and Bristol voted no); approved
waivers (c) and (e) (7 yes votes) (PC2000-17); waiver of code requirement approved in part
(denied the proposed freeway-oriented sign).
Approved Negative Declaration.
LETTER OF APPEAL SUBMITTED BY NORTH COUNTY TOYOTA. SET FOR PUBLIC
HEARING MARCH 28, 2000.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
B3.
179: Conditional Use Permit No. 4108 - Request for Review and Approval of Final Plans
and Neqative Declaration:
7ulema Longoria, Greenberg Farrow Architecture, 15101 Red Hill Avenue, Suite 200,
Tustin, CA 92780, requests review and approval of final elevation and landscape plans.
Property is located at 8180 East Old Canal Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Final Elevation Plans with changes (7 yes votes).
Negative Declaration previously approved.
B4.
179: Variance No. 4383 - Request for Review and Approval of Final Plans and Neqative
Declaration:
Tim O'Neil, Evergreen Devco, Inc., 2920 East Camelback Road, Suite 100, Phoenix,
A7 85016, requests review and approval of final elevation and sign plans. Property is
located at 940-956 South Brookhurst Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Final Plans (7 yes votes).
Negative Declaration previously approved.
Item B5 From Planninq Commission Meetinq of February 28, 2000 (No action necessary
unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS
MARCH 9, 2000:
B5.
155: Request for Determination of Conformance With The Anaheim General Plan: County
of Orange, Public Facilities & Resources Department, Attn: John D. Pavlik, Chief of PF&RD
Right-of-Way Processing, 300 North Flower Street, Santa Ana, CA 92702, requests a
determination of conformance with the Anaheim General Plan for the proposed acquisition for
the "Tustin Avenue Widening" project. Property is generally located on Tustin Avenue south of
Orangethorpe Avenue and north of Mira Loma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in conformance with the Anaheim General Plan (6 yes votes, Commissioner
Bostwick absent).
Mayor Daly posed questions for purposes of clarification which were answered by both John Lower,
Traffic and Transportation Manager and Mary McCIoskey, Deputy Planning Director.
END OF THE PLANNING COMMISSION ITEMS
Mayor Daly. Items B6, B7 and B8 are requests for rehearing. The Council has already heard comments
from interested members of the public. The items in and of themselves are not hearings but requests
since Public Hearings were previously held on all three of the land use decisions. He asked the City
Attorney if he had any comments or recommendations.
City Attorney White. The decision on whether to grant a rehearing is discretionary with the Council.
Tonight is simply to determine whether there is merit in the applications to dictate that the Council would
give a new hearing on any of these. He has reviewed the declarations and applications on each of the
three requests and does not believe that in any of them are there grounds presented as to any new
information which either wasn't presented at the first hearing or which could not through due diligence be
presented at the first hearing which would necessitate as a matter of law that the Council in order to
afford due process grant a rehearing. It is discretionary in each case. The decisions should not be used
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
simply as a basis to reconsider or to change a decision. There needs to be a valid ground as to why the
Council would be rehearing a case based upon the application submitted in each case.
B6. REQUEST FOR REHEARING:
179: Variance No. 1229, Cate.qoricall¥ Exempt, Class 21:
OWNER: Gregory Parkin, 2500 West Orangethorpe Avenue, Suite V, Fullerton, CA 92833
LOCATION: 823 South Beach Boulevard. Property is 1.3 acres located on the west side of
Beach Boulevard 975 feet north of the centerline of Ball Road (Covered Wagon Motel).
To consider reinstatement of this permit which currently contains a time limitation which expired
on November 17, 1999 to retain an existing 70-unit motel.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Variance No. 1229 for one year (PC99-202) (7 yes votes).
Informational item at the meeting of December 14, 1999, Item B5. Letter of appeal submitted by
the owner Gregory Parkin. At a public hearing held February 1,2000, Item D2, the Anaheim City
Council approved Variance No. 1229 for one year and the 30-day limit remains (2000R-19).
Request for rehearing submitted by the owner, Gregory Parkin.
MOTION. Mayor Daly moved to deny the request for a rehearing on Item B6, Variance No. 1229 for the
Covered Wagon Motel. Council Member McCracken seconded the motion.
Before a vote was taken, Council Member Tait stated he was going to vote against the motion of denial.
He feels they should grant the rehearing. The petitioner wants to ease the restrictions the City imposed
requiring people to move out of the motel after 30 days. It imposes an undue hardship on those tenants.
They should be entitled the freedom other motels have in the City to stay over 30 days.
A vote was then taken on the foregoing motion of denial and carried by the following vote: Ayes:
Feldhaus, McCracken, Daly. Noes: Kring, Tail
Council Member Feldhaus. The Motel Task Force Interim Report states they are looking at some
methodologies and ways of resolving the issue/problem (of motel families) and at this point are
recommending that the rehearing be denied. They are "right around the corner" from something more
definitive to handle the problem.
Council Member Kring. She reads the report to indicate they are looking to grandfather in tenants who
have been at the motel for a period of time and having them stay at the motel until they can be
transitioned to other appropriate housing; Dave Morgan, Assistant City Manager. The interim report that
Council received yesterday includes a series of recommendations. One does seek Council direction to
the Task Force and Planning Commission to explore that possibility.
Mayor Daly. They all have copies of the extensive report by the Motel Task Force and a series of
recommendations are contained therein. To reiterate what Council Member Feldhaus said, the Task
Force is recommending that these requests for rehearing on the motels be denied while other activities
are taking place.
MOTION. Mayor Daly. This request is similar to the last. He thereupon moved to deny the request for a
rehearing on Conditional Use Permit No. 1043, Item B7 for the Lincoln Inn Motel (formerly the Seville).
Council Member McCracken seconded the motion.
Before a vote was taken, Council Member Tait stated he is going to vote no on the motion of denial for
the same reasons he gave on the foregoing item (see Item B6).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
A vote was then taken on the foregoing motion of denial and carried by the following vote:
Feldhaus, McCracken, Daly. Noes: Kring, Tail
Ayes:
B7. REQUEST FOR REHEARING:
179: Conditional Use Permit No. 1043, Cate.qoricall¥ Exempt- Class 21:
INITIATED BY: City of Anaheim (Code Enforcement), 200 South Anaheim Blvd., Anaheim, CA
92805
OWNER: Ben Karmelich, Jr., 30 Harbor Sight Drive, Rolling Hills Estates, CA 90274
LOCATION: 2748 West Lincoln Avenue. Property is 1.7 acres located on the south side of
Lincoln Avenue 670 feet east of the centerline of Dale Avenue (Seville Inn).
City-initiated request to consider revocation or modification of Conditional Use Permit No. 1043
(permitting a 129-unit, 3-story motel with waiver of maximum structural height).
ACTION TAKEN BY THE PLANNING COMMISSION:
Modified CUP NO. 1043 to permit use for another 6 months (PC99-203)
(7 yes votes).
Informational item at the meeting of December 14, 1999, Item B6. Letter of appeal submitted by
the owner, Ben Karmelich, Jr. At the public hearing held January 25, 2000, the City Council
granted extension of CUP NO. 1043 to July 25, 2000, with two security guards to be required and
30-day limit for guests remains in place (2000R-15).
Request for Rehearing submitted by the owner, Ben Karmelich, Jr.
Ben Karmelisch, Owner, Lincoln Inn (formerly Seville). Since he has taken over as owner, he has made
a sizeable investment in cleaning up the motel. It is a nice motel with very nice rooms. It is being run in
the same manner as it was run when it was first opened, the only difference being, the clientele has
changed. Most of his guests are in need of a temporary place to stay. Many rooms in the motel have
kitchenettes. He has strict house rules and anyone who violates those rules are evicted in 24 hours. It is
not right for the City to say how long a guest can stay at a motel just because they are not tourists. The
tenants involved are poor people and have no other place to go. He is encouraged by the Anaheim
Coalition assisting the motel families and the possibility of a new zoning law to permit longer stays. They
need to provide places to go if the tenants have to leave the motel after 30 days. The restriction placed
on his motel does not help his guests or the City and is unfair to him and his business. Calls for service
from the Police are way down. Whereas there had been 75 calls per month, there were only five calls
last month. They are working closely with Code Enforcement and will continue to do so until all
refurbishments are completed. He has requested to meet with members of the Planning Commission,
Community Police and Code Enforcement to come up with an alternate solution - one that gives the City
the control it needs over motels and one that still keeps him in business and doesn't "kick anyone out" of
the motel without reasonable cause and one that does not discriminate against those who are less
fortunate. He has plenty of suggestions for solutions that will be more successful and more humane.
Later in the meeting when the Council arrived at Item B7, the following took place.
MOTION: Mayor Daly. This request is similar to the last. He thereupon moved to deny the request for a
rehearing on Conditional Use Permit No. 1043, Item B7 for the Lincoln Inn Motel (formerly the Seville).
Council Member McCracken seconded the motion.
Before a vote was taken, Council Member Tait stated he is going to vote no on the motion of denial for
the same reasons he gave on the foregoing item (see item B6).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
A vote was then taken on the foregoing motion of denial and carried by the following vote:
Feldhaus, McCracken, Daly. Noes: Kring, Tail
Ayes:
B8. REQUEST FOR REHEARING:
179/170: Reclassification No. 99-00-09 Variance No. 4380 Tentative Tract Map No. 15961
And Neqative 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
Tail Public hearing continued from the meeting of February 8, 2000, Item D4. At the public
hearing held February 15, 2000, Item D1, the City Council approved Reclassification No. 99-00-
09 (2000R-33); granted Variance No. 4380 (2000R-34) and approved Tentative Tract Map No.
15961.
Request for rehearing submitted by Janine Tolly on behalf of U.R.G.E.
Request for rehearing submitted by Paul T. Salata, Trustee of the Salata Family Trust.
REQUEST FROM SALATA WAS WITHDRAWN.
Mayor Daly asked the City Attorney if he had any comments or recommendations relative to this request.
City Attorney White. On this item, there were actually two requests for rehearing filed, one by Janine
Tolly on behalf of U.R.G.E. and the second by Paul Salata, Salata Family Trust, owner of the parcel
immediately contiguous to the property that fronts on Riverdale. Mr. Salata has subsequently withdrawn
his request. The only request the Council is currently dealing with is that submitted by Mrs. Tolly. The
only additional comments in addition to what he previously said, the Public Hearing for this matter was
noticed for February 8, 2000. The hearing was held on February 8 and closed to additional public
comments on that date. The item was then continued from February 8 to February 15 for additional
information to be provided by staff relating to the history regarding Caltrans ownership and offering of
this property for private sale. That information was provided to the Council and the Council chose not to
reopen the Public Hearing on the 15th of February but acted upon the matter without additional public
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
comment. His view is that legally, due process was satisfied in the way the Public Hearing was held.
Everyone who was present on the noticed hearing of February 8 was entitled to speak and there were
quite a few who did so. In addition, written material was submitted on the 8th and additional material
received right up to the 15th of February. He has reviewed all the information provided and he does not
see any new relevant information that either was not presented at the Public Hearing or with due
diligence could not have been presented at the Public Hearing on February 8. He does not believe there
is any legal mandate or requirement that the City Council entertain a rehearing on this matter. It is
discretionary with the City Council.
Richard Ackerman, Attorney, 37 Brenda Lane, Corona. He referred to his four-page letter dated March
7, 2000 submitted just before the Council Meeting addressing the Rehearing Petition on Tentative Tract
map No. 15961, the opening paragraph stating, "this letter is being presented in support of the petition for
rehearing filed by Janine Tolly of URGE". Mr. Ackerman stated there is nothing else to add other than
what is contained in his letter. He asked that the Council take the letter and request into consideration.
(Letter made a part of the record).
MOTION. Council Member McCracken moved to deny the request for rehearing on Reclassification No.
99-00-09, Variance No. 4380 and Tentative Tract Map No. 15961, item B8. Council Member Kring
seconded the motion.
Before a vote was taken, Mayor Daly stated he opposed the project as it was proposed and continues to
feel that the project is not in the best interest of the community. To be consistent, he will support a
request for a rehearing; Council Member Tait. He is also opposed and will be supporting the request for
a rehearing.
A vote was then taken on the foregoing motion of denial and carried by the following vote: Ayes: Kring,
Feldhaus, and McCracken. Noes: Tait, Daly.
C2.
179: Continued Public Hearinq - Waiver of Code Requirement Conditional Use Permit No.
4167 Cate,qoricall¥ Exempt- Class 3:
OWNER: Coast Advertising Inc., Attn: James Abbott, P.O. Box 5502, Fullerton, CA 92838
LOCATION: 2590 East Cerritos Avenue. Property is 0.64 acres located on the south
side of Cerritos Avenue, 280 feet east of the centerline of Sinclair Street.
To construct a new billboard with waiver of (a) prohibited location of freeway-oriented billboards,
(b) maximum sign height and (c) prohibited signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4167 GRANTED, for 10 years, to expire 12/31/2009 (PC99-227)
(4 yes votes: Bostwick, Boydstun, Napoles and Vanderbilt; 2 no votes: Commissioners Bristol
and Koos; and Commissioner Arnold absent). Approved waiver of code requirement.
Informational item at the meeting of January 11, 2000, Item B4. Review of the Planning
Commission's decision requested by Mayor Tom Daly and Council Member Shirley McCracken.
Public hearing continued from the meeting of February 1,2000, Item D4.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: January 20, 2000
Mailing to property owners within 300 feet: January 20, 2000
Posting of property: January 21,2000
Mayor Daly. A letter was received from the applicant, Mr. James Abbott, requesting a continuance of the
Public Hearing to March 21,2000; Mr. Abbott indicated he still wants the requested continuance.
Mayor Daly asked if there were any members of the public present on this item; one person was present.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
The Mayor asked if a two-week continuance would create a problem; from the audience, the person in
attandance indicated it would not be a problem.
MOTION. Mayor Daly moved to continue the Public Hearing on Conditional Use Permit No. 4167 to
March 21,2000. Council Member Kring seconded the motion. MOTION CARRIED.
Council Members Tait and Feldhaus left the Council Chamber temporarily (6:56 p.m.).
C1.
176: Public Hearinq -Abandonment No. 98-18A:
To consider the abandonment of that certain easement for hiking and equestrian purposes
extending westerly from Ramsgate Drive and located on property commonly known as 357
Ramsgate Drive.
At their meeting held February 1, 2000, the Anaheim City Council adopted Resolution No.
2000R-16 declaring its intention to vacate certain public streets, highways, and service
easements and to consider abandoning that certain easement for hiking and equestrian purposes
extending westerly from Ramsgate Drive and located on property commonly known as 357
Ramsgate Drive.
REQUESTED BY: Jim Roberts, 5045 Twilight Canyon Road, #C, Yorba Linda, CA 92887
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: February 17 & 24, 2000
Mailing to property owners within 300 feet: February 10, 2000
Posting of property: February 11,2000
Natalie Meeks, Civil Engineer, Public Works. The abandonment is being recommended since the
easement is not part of the current trail plan of the Parks Department. She also clarified for Council
Member McCracken that the trail had never been developed/used.
Mayor Daly opened the Public Hearing and asked if anyone wished to speak; there being no response,
he closed the Public Hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly,
seconded by Council Member McCracken, the City Council determined that the proposed activity falls
within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, Categorically Exempt from the requirements to file an
EIR. Council Members Tait and Feldhaus were temporarily absent. MOTION CARRIED.
Mayor Daly offered Resolution No. 2000R-42 for adoption. Refer to Resolution Book.
Roll Call Vote on Resolution No. 2000R-42 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
TEMP ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait
The Mayor declared Resolution No. 2000R-42 duly passed and adopted.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
Council Member Feldhaus entered the Council Chamber (6:59 p.m.).
C3. 179: Continued Public Hearinq- Conditional Use Permit No. 4168, And Neqative
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. Public
hearing continued from the meeting of February 15, 2000, Item D2.
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
Joel Fick, Planning Director. The Public Hearing on February 15 was continued to this date in part to get
Redevelopment input regarding land uses in the vicinity. It is nearby and adjacent to a Redevelopment
Project Area. Community Development staff have initiated preliminary land uses in the area. He spoke
with Mr. Schwartze (agent for the project) this afternoon who is amenable to a two-week continuance to
explore land use issues and opportunities in the area. Based upon Mr. Schwartze's agreement, staff is
recommending a two-week continuance for this item.
Mayor Daly asked if anyone was present; Mr. Schwartze and another gentlemen were present. The
indication was there was no problem with the continuance.
MOTION. Mayor Daly moved that the continued Public Hearing on Conditional Use Permit No. 4168 be
further continued for two weeks to March 21, 2000. Council Member McCracken seconded the motion.
Council Member Tait was absent. MOTION CARRIED.
Mayor Daly announced, on a sad note, that Council Member Tait had just received the news that his
father-in-law, who had been ill, had passed away. He left the meeting immediately to be with his family
at this difficult time. Their thoughts and prayers go out to Council Member Tait and his family.
C4.
179: Public Hearinq -Variance No. 4389, and Neqative Declaration:
OWNER: Goldstone Holdings, LLC., 32685 Caspian Sea Drive, Dana Point, CA 92629
LOCATION: 511 North Brookhurst Street: Property is 1.93 acres located at the southwest
corner of Crescent Avenue and Brookhurst Street (Bryman College).
Waiver of minimum number of parking spaces to permit a private business/trade school within
an existing 3-story office building.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4389 DENIED (PC2000-8) (7 yes votes).
Approved Negative Declaration.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MARCH 7, 2000
Informational item at the meeting of February 8, 2000, Item B3. Letter of appeal submitted by
the owner, Goldstone Holdings, LLC.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: February 24, 2000
Mailing to property owners within 300 feet: February 23, 2000
Posting of property: February 25, 2000
Joel Fick, Planning Director. Since this item was set for hearing and since the Planning Commission
meeting, progress has been made in discussions, and the applicant's proposal which the Council will
hear tonight is a good resolution and ends up in a location where the Planning Commission wanted the
item to be.
Greg Hastings, Zoning Administrator. He briefed the Staff Report to the Planning Commission dated
January 19, 2000. The request is for a parking variance. The school itself is permitted without a CUP
but the parking cannot be satisfied on site with the supply that exists. There are 265 parking spaces
required and only 179 exist on site. The Planning Commission approved the rezoning of the one-acre
parcel to the west to allow for an approximate 90-spaces overflow parking lot. Once that lot is
developed, this parking variance would not be necessary. The applicant indicates he is planning to
develop the overflow lot but would need six months. Staff recommends six months approval providing
the student population is limited to 100 per session. Staff has discussed this with the applicant who
agrees that the parking lot could be completed in 180 days. He also explained for Council Member Kring
that after that parking lot is completed, there would be no limit based on the square footage that exists
today that controls the number of students.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant's agent.
Applicant's Statement: Mr. Steve Sheldon, 695 Town Center Drive, Costa Mesa, CA. In summary, they
agree to concur with the condition of 100 students in the interim. After discussing the issue with the
applicant, he indicates they do not need the full 180 days and believe it could be achieved in 120 days.
Mayor Daly asked if anyone else wished to speak; no one else came forward.
Council Member Feldhaus noted that one letter of opposition was received from WAND dated March 5,
2000 relative to parking. He asked how many parking spaces are required for the other occupants of the
building, World Marketing Alliance and WMA Securities; Greg Hastings explained the breakdown and
confirmed that 128.6 parking spaces were needed and the remainder would be for the Bryman School
and the school is required to have approximately 136 spaces. There are 179 spaces available on site.
Mayor Daly. Even with the proposed student limitation, there are times when there is almost no parking
available on Saturdays and on busy Fridays when the adjacent credit union is heavily used. It seems to
him it might be more logical to not allow the new tenant until the parking is available.
Upon additional discussion, Mr. Hastings explained there was an Administrative Adjustment used for the
dialysis center (an occupant in the building). At the time, the school was counted as office space, 192
spaces required, with the dialysis center and the rest being straight office use approved November of
1999. They have counted the dialysis center in the parking requirements before the Council tonight.
Joel Fick. Questions have been posed about the feasibility of the interim condition. Traffic Engineering
staff field-checked the site and originally did not recommend approval of the parking study and that is
why the Planning Commission did not originally approve the application. However, the limitations posed
in the present proposal are consistent with the numbers field-checked by traffic engineering staff. Staff
does feel comfortable that the site on the interim condition with the student limitation is adequate for that
four-month period.
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John Lower, Traffic and Transportation Manager. Staff did field check the parking study and
recommended denial of the original based upon 120 students which would leave only 2% of the existing
spaces unoccupied whereas they strive for 10 to 15%. The calculations show that with 100 students,
they would be at that 85% occupancy level. He clarified he is comfortable with what the applicant is
doing.
Extensive discussion and questioning of Mr. Sheldon followed by Council Members revolving around
class times, lag time between classes, nature and intensity of other uses in the building, etc. In
concluding, Mr. Sheldon confirmed that the applicant is going to provide the additional parking spaces.
He is in a tight position where Bryman College has a lease with move in on March 5. They feel with the
study done by the Traffic Engineer, the on-site visit from City traffic staff, the cap of 100 students, the
uses of the building and the staggered starting time of the classes, they will not create a burden on the
other properties. In the next four months they will then concurrently pave the parking lot, landscape it
and light it and be able to then utilize the building to its fullest extent. In the interim time, they would
have a limitation on the use of that building as conditioned by staff.
Mayor Daly closed the Public Hearing.
Council Member McCracken. She asked for clarification that Traffic Engineering staff is saying, with the
limitation proposed, parking would not be totally used up and in 120 days additional parking would be
constructed, the parking on the adjacent property; Joel Fick. That is correct. The parking variance is
only necessary during the 120 days. If approved, the school would operate on a limited basis during that
period. Following that, the adjacent parking lot would have to be constructed and fully comply with code.
He further clarified for Council Member McCracken that if parking is not provided, the school would not
be able to operate under the terms of the CUP because the variance would have expired after 120 days.
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.
Council Member Tait absent. MOTION CARRIED.
Council Member Kring offered a Resolution for adoption granting Variance No. 4389 subject to
Interdepartmental Recommendations and the condition that the school be limited to 100 students during
each of the three class sessions during the 120 days until additional parking is provided in the
construction of an adjacent lot.
Before further action was taken, Council Member Feldhaus asked if they have ever done anything like
this before; Joel Fick. He recalls one other time involving the Hughes Market out in the Canyon area. It
is somewhat unusual and in this case it would be a temporary variance with a limitation of students that
will mitigate the impacts. That is why staff is amenable to the proposal.
Mayor Daly. He agrees with Council Member Feldhaus in that it is a precedent that could be problematic
and puts the City in the position of policing how many students there can be in the short run vs. the long
run. In fairness, they generally want proof there is sufficient parking. He is not comfortable approving this
at this time. He will be opposing approval.
Council Member Feldhaus. He would like to approve it but not a temporary variance. He feels Bryman
can hold off for four months until the lot is completed. He also noted in the minutes of the Planning
Commission hearing that the applicant was not going to construct the lot unless he needed it.
A vote was then taken on the proposed resolution and failed to carry by the following vote: Ayes:
McCracken and Kring. Noes: Feldhaus and Daly. Absent: Tait.
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City Attorney White. It is a tie vote and because the tie resulted from one member being absent who
otherwise would have qualified to vote, under City Council rules, this item is automatically continued to
the next regular meeting for a further vote.
Mayor Daly asked for clarification if that happens even when there is a letter of appeal; City Attorney
White. He reiterated, because there is a tie and one member could have voted if he had been present,
the matter is automatically continued.
A decision on the foregoing Public Hearing is, therefore, continued to the next scheduled Council
Meeting, March 21,2000 for full Council action necessitated by the tie vote.
REPORT ON CLOSED SESSION ITEMS:
City Attorney Jack White reported that there was settlement of litigation - re: City of Anaheim vs.
Equitable Pacific Partners Ltd. Partnership, et al., Orange County Superior Court Case - 78-38-05
relating to the acquisition of approximately 25,000 square feet of property from the Marriott Hotel
property adjacent to the Anaheim Convention Center for the agreed upon sum of $1 million dollars. The
vote was ALL AYES. Council Member Tait was absent.
COUNCIL COMMUNICATIONS:
Council Member Feldhaus: He referred to letter dated March 6, 2000 from the Law Firm of Nossaman,
Guthner, Knox & Ell/orr requesting admission of the City of Rancho Santa Margarita as a member of the
Foothill/Eastern Transportation Corridor Agency (TCA). He would like the issue placed on the agenda for
discussion.
Mayor Daly. They also might want to include discussion that, regardless of the size of these cities, they
have equal votes with Anaheim and other larger cities. Tiny cities are being incorporated and are able to
vote with organizations like the League of Cities and TCA with equal weight. It is a problem and they
should be thinking about that. He realizes this is a good-faith request in line with the TCA. It is just not
good government and against the one-person/one-vote rule of the country. This item will be on a
forthcoming agenda. He asked that it be left in the hands of the City Attorney to put it on the agenda.
Council Member McCracken: (1) She noted a few items approved today - a traffic signal at the
intersection of Ball Road and Gaymont (A2), Euclid Street improvements from Ball Road to Katella (A5),
and Brookhurst Street improvements from Harriett Lane to Katella (A9). People have been waiting for
years for these improvements and she wanted to bring attention to those items.
(2) She thanked members of the community who supported the food drive last week. It was the first-time
effort of the Kiwanis Club -- 5,000 lbs. of food was contributed to the Food Bank in Anaheim. Diana
Rocca, an outstanding student, by herself helped collect over 600 cans of food.
Mayor Daly and Council Members in closing again expressed their heartfelt sympathy to Council Member
Tait and his family on the passing of his father-in-law who had been very ill. Council Member Tait
received word of his passing earlier in the meeting.
ADJOURNMENT: By general Council consent, the Council Meeting of March 7, 2000 was adjourned.
(7:40 P.M.)
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SHERYLL SCHROEDER
CITY CLERK
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