2000/07/11ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
JULY 11, 2000
II
The City Council of the City of Anaheim, CA met in regular session.
Present:
Mayor Tom Daly, Council Members: Frank Feldhaus, Lucilie Kring,
Tom Tait and Shirley McCracken.
Staff Present: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on July 7,
2000 at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:15 p.m. in the Council Chambers of
the Ariahelm City Hall, 200 S. Anaheim Blvd. The first portion of the meeting was the
continued workshop on proposed Charter amendments.
WORKSHOP FOR PROPOSED CHARTER AMENDMENTS:
City Attorney Jack White explained that at the last Charier amendment workshop on
May 2, 2000, Council had reviewed the proposed amendments to Section 908. He
reviewed the remaining proposed Charter amendments, including Section 703, which
was added by Council. Staff responded to various questions posed by Council Members
clarifying the amendments.
City Attorney White explained the deadline for amendments to appear on the November
7, 2000 ballot was August 11th, August 8th would be the last meeting to consider
amendments. He noted the consideration of amendments was placed on the regular
portion of this date's agenda.
At the conclusion of the workshop, at 4:10 P.M., Mayor Daly recessed the meeting to
Closed Session.
ADDITIONS/DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS- CLOSED SESSION ITEMS:
There were no public comments relative to Closes Session items.
Motion to recess to Closed Session for the following purposes: (4:10 P.M.)
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).
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PAGE 2
THREAT TO PUBLIC SERVICES OR FACILITIES:
Consultation with: Chief of Police, City of Anaheim.
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
Agency designated representative: David Hill
Name of employee organization: International Brotherhood of Electrical
Workers, Local 47.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to
subdivision (b) of Section 54956.9 of the
Government Code: five potential cases. Claims
of Friends of Frank Feldhaus Committee, Irving
Pickler, Supporters of Irv Pickler Committee,
Debra Daly, Tom Daly and Friends of Tom Daly
Committee.
AFTER RECESS:
Mayor Daly called the regular Council meeting of July 11, 2000 to order at 5:41 P.M. and
welcomed those in attendance.
INVOCATION: Pastor Jimmy Gaston, Church of Christ gave the invocation.
FLAG SALUTE: Mayor Pro Tem McCracken led the assembly in the Pledge of
Allegiance to the Flag.
PROCLAMATIONS AND DECLARATIONS:
Presentation recognizing Dyana Ornalez for winning a 1999 National Junior Golden
Gloves Title.
Dr. Jan Billings, Superintendent of Schools presented a status update of the Anaheim
Union High School District.
At 6:04 P.M. Mayor Daly recessed the City Council meeting until after the
Redevelopment Agency and Anaheim Housing Authority meetings.
Mayor Daly reconvened the City Council meeting at 6:12 P.M.
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
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PUBLIC COMMENTS:
Pan/in Soroushian, 6263 E. Twin Peak Circle, Anaheim, CA 92807 stated that she and
her husband, Khoda Ostowari, owned and were building the project at 805 South Harbor
Boulevard on the corner of Harbor and South. She explained they had appeared before
the Council on June 20, 2000 and the beer and wine permit was now in the hands of
Alcoholic Beverage Control. She addressed some of the matters that were raised at the
public hearing on June 20th and quoted a letter dated December 10, 1998, from the
owner of the Thomas Liquor Store to Mr. Basil Dahl.
Bud Schultz, 156 Avenida Felipe, Anaheim Hills, Secretary of the Anaheim Hills Golf
Club, said, in opinion, the state of the current building was beyond refurbishing, there
was extensive dry rot and termite damage and an all electric kitchen which could not
support a commercial endeavor. He believed that the poor overall condition of the
clubhouse did not represent the community. He said a new clubhouse could be
designed to offer meeting rooms that could be used for multiple functions.
Andy Ronquillo, representing the Ariahelm Chamber of Commerce, 100 South Anaheim
Boulevard, stated that the Anaheim Chamber of Commerce Board of Directors had
reviewed the recommendations of the Charier Review Committee and taken a position in
favor of retaining the present term limits for Mayor and Council as voted by the
electorate. He believed that there might be better or more appropriate procedures for
ensuring that an adequate supply of well-qualified candidates was available for sen/ice
to the community. He explained that if Council continued the item to a later date, they
would be happy to provide additional review and input from the local business
community.
Patty Gabby, 7720 Misty Glen Court, Anaheim, stated that they were interested in a
sports facility where kids could play sports on a quality facility. She informed there were
90 teams in their soccer league this year and they did not have enough fields for that
many children. She said she believed that $6.2 million should not be spent and she
wanted the City to buy Maag Ranch or a part of Maag Ranch and that Council should act
quickly because it may be sold and it was one of the best places for the proposed
facility.
Miriam Kaywood, Wilberta Lane, Anaheim, said she was on the Planning Commission
when Anaheim Hills was formed and planned and they thought there was no need for
parks in Anaheim Hills because these were going to be large estate lots with lots of open
space. She remembered that when she was on the Park and Recreation Commission,
they heard at least once a month that there was a need more soccer fields.
Ms. Kaywood noted that the people in the area wanted a clubhouse and something to be
proud of so they did what they could at the time, it was not adequate at that time and
was a disgrace at this time. Because of a lack of funds, the City had let it go much
longer than it should have and something new should be built, she felt.
Don D. Gutierrez, 2102 E. Westport Drive, Anaheim, addressed the Council regarding
item A34, and stated that he assumed that this was the extension of term limits for public
officials from eight to twelve years. Council Member Kring responded from eight to
sixteen years and Mr. Gutierrez responded that he was opposed because he believed
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that public office should never be a career. He suggested a Charter change of single
member districts, adding that if a Council Member would run from a specific district, the
people in that area would vote for that individual.
Dan Van Dorpe, 863 Jasper Circle, Anaheim, discussed zoning issues. He asked what
the regulations were regarding public schools complying with zoning regulations and he
asked the Council to encourage the public school system to comply with zoning
regulations. The air conditioning at Katella High School was an eye sore, he informed,
and he asked if they intended to put up screening that would be required by the zoning
regulations. Gwen High School put in a parking lot and tore out the landscaping, he
noted, placing the parking lot directly adjacent to the sidewalk and now there was no
setback or landscaping. Mr. Van Dorpe also addressed Item C5, stating he was in favor
of approval of that item because the lot had been vacant for about 16 years and the
highest and best use for that property would be a church. Mr. Van Dorpe discussed Item
34A, term limits, noting he was not in favor of artificial term limits and he believed that
every four years the public had the right to vote a Council Member in or out.
Richard Kraus, 2416 E. Lisabeth Avenue, Anaheim, speaking on Item 34A, expressed
his opposition to the extension of term limits.
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted
upon for the Council meeting of July 11, 2000. Council Member McCracken seconded
the motion. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A32: On motion by
Mayor Daly, seconded by Council Member McCracken, the following items were
approved in accordance with the reports, cedifications and recommendations furnished
each Council Member and as listed on the Consent Calendar.
A1.
Receive and file the Anaheim Police Department Crime and Clearance
Analysis for the month of May, 2000, the Southern California Gas
Company Notice to Customers of Proposed Rate Increase, Application
No. 00-06-023, and application before the Public Utilities Commission of
the State of California in the matter of the application of San Diego Gas
and Electric Company and Southern California Gas Company for
approval of a gas tariff.
A2.
Award the contract to the lowest responsible bidder All American Asphalt,
in the amount of $783,783 for Imperial Highway Street Improvements
Project from Nohl Ranch Road to Santa Ana Canyon Road, approve the
escrow Agreement pedaining to contract retentions, and authorize the
Finance Director to sign said agreement.
A3,
Approve and authorize the Mayor and City Clerk to execute the
Acquisition Agreement for the purchase of real property located at 1250
North State College Boulevard for the State College Boulevard/SR-91
Freeway Project - RAN 5175-3A & 3B, approve the Right of Entry
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Agreement, and authorize the acquisition payment of $130,000 to
Anaheim Royal Co., LLC.
A4.
Approve Administering Agency-State Agreement for Federal Aid Projects
No, 12-5055 Program Supplement No. M074, for the Lincoln Avenue
Improvement Project from Loara Street to Euclid Street.
AS.
Approve Administering Agency-State Agreement for Federal Aid Projects
No. 12-5055, Program Supplement No. M073 for the Burlington Nodhem
Santa Fe Corridor Soundwall Project from Imperial Highway to Yorba
Linda Boulevard.
A6.
Approve the Agency-State Agreement for Federal Aid Project No. 12-
5055, Program Supplement No. M075, for the Imperial Highway Street
Improvement Project from Nohl Ranch Road to Santa Ana Canyon Road.
A7.
Approve Agency State Agreement for the Federal Aid Project No. 12-
5055, Program Supplement No. M076 for the La Palma Avenue Street
Improvement Project from Sequoia Avenue to Magnolia Avenue.
A8.
Approve and authorize the Mayor and City Clerk to execute the
agreements with RJM Design Group, Inc., and Lynn Capouya, Inc., in an
amount not to exceed $75,000 each, for landscape architectural service
on an on-call basis, for various improvement projects.
A9.
RESOLUTION NO. 2000R-132 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds
conveying certain real properties or interests therein to the city. (City
Deed Nos. 10290 and 10291.)
A10.
Accept the low bid of Pak West Paper and Packaging, in an amount not
to exceed $130,866.50, for paper products as required for the period of
one year, beginning July 12, 2000, through June 30, 2001, with three
one-year optional renewals, and authorizing the Purchasing Agent to
exercise renewal options, in accordance with Bid ¢f6040.
All.
Accept the bid of RJ. Noble Company in an amount not to exceed
$2,187,761 for asphalt concrete, as required, for a period of one year,
commencing July 12, 2000, and authorize the Purchasing Agent to
exercise up to four additional one-year renewals, limited to Caltrans
California Statewide Paving Asphalt Price Index increases, in accordance
with Bid ff6035.
A12.
Waive Council Policy 306 and authorize the Purchasing Agent to issue a
purchase order to Southwest Power, Inc., in an amount not to exceed
$54,817.81 for fuse mountings, as required, for the period of August 1,
2000 through July 30, 2001 with two one-year optional renewals and
authorize the Purchasing Agent to exercise the renewal options for
warehouse stock.
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A13.
A14.
A15.
A16.
A17.
A18.
A19.
A20.
A21.
A22.
A23.
Waive Council Policy No. 306 and authorize the Purchasing Agent to
issue a purchase order to Emergency One, Inc., in an amount not to
exceed $875,000 for one fire truck with a platform and 118 foot aerial
device.
Waive Council Policy 306 and authorize the Pumhasing Agent to issue a
purchase order to Canada Power Products Corporation, do Matzinger-
Keegan, Inc., in the amount of $52,085 for switch automation materials
for warehouse stock.
Authorize the issuance of a change order to Trend Offset Printing, for the
printing of a fifth issue of the Anaheim Magazine and add a not to exceed
$25,000 appropriation to the total of the purchase order.
Authorize the issuance of a change order to Vista Universal, Inc., for the
lighting retrofit of the Brookhurst Community Center and for City Library
buildings to increase the dollar amount by $3,379.40.
Authorize the Purchasing Agent to issue a purchase order to Selectrcn,
Inc., in an amount not to exceed $124,850 for the acquisition and
installation of an Interactive Voice Response System for the Building and
Business License Divisions, in accordance with RFP ¢f6026.
Approve the FY 1999/00 write-off of uncollectible miscellaneous accounts
receivable totaling $118,986.54 (Finance Department).
Accept funding from the "Trees for the Millennium Initiative" through the
California Department of Forestry and Fire Protection, in the amount of
$49,983.27, for tree planting and small tree care.
Approve the naming of the Vermont Parksite as Walnut Grove Park.
Approve and authorize the Chief of Police to execute an Agreement with
IVANS, Inc., to access ISO ClaimSearch on-line information relative to
auto theft.
RESOLUTION NO. 2000R-133 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM authorize the Chief of Police to
accept a grant award, in the amount of $99,710 from the State Alcoholic
Beverage Control for the Grant Assistance To Law Enforcement (GALE)
Program and to execute all required grant documents, and increase
revenues and expenditures by $99,710 in the Police Department's FY
2000/01 budget.
RESOLUTION NO. 2000R-134 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to
accept a three-year grant on behalf of the City of Anaheim from the Office
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PAGE 7
of Criminal Justice Planning for the Positive Alternatives Program (PAP)
component of the Delinquency Prevention Program.
A24.
Approve a Tenth Amendment to Agreement between the City of Anaheim
and PRC/Public Sector, Inc., a Delaware Corporation, in an amount not to
exceed $88,000 for consultant services in connection with Police
Automated System Development.
A25.
Accept a grant award from the Office of Criminal Justice Planning, in the
amount of $468,640, for the purchase of technology under the California
Law Enforcement Technology Equipment Purchase Program; due to the
time constraints involved in the grant program (six month grant period
effective May 1, through October 31, 2000), authorize the Purchasing
Agent to issue purchase orders following normal City purchasing policies
with the exception of returning to Council for items that required formal
bidding; and increase revenues and expenditures in the Police
Depadment's FY 2000/01 budget in the amount of $468,640.
A26.
Approve the Fourth Amended Joint Exercise of Powers Agreement of the
Orange County-City Hazardous Materials Emergency Response
Authority.
A27.
RESOLUTION NO. 2000R-135 A RESOLUTION QF THE CITY
COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of
certain city records more than two years old (Planning Department).
A28.
Authorize the Executive Director of the Community Development
Department to take all actions and execute all documents necessary or
desirable to facilitate the Affordable Housing Agreement between the
Anaheim Housing Authority and Park Vista, Ltd., a California limited
partnership.
A29.
Authorize the City Manager to defer Glacier's payment of an extension
fee to July 31, 2000; authorize the execution of a Non-Disturbance
agreement with Jillian's (a tenant of Glacier's) in a form acceptable to the
City Attorney; and find that the proposed uses at the Glacier are uses
compatible with, and incidental to, an integrated primary use complex in
connection with the Glacier Amended and Restated Ground Lease.
Council Member Tait abstained on Item A29.
A30.
Approve Agreement with Black & Veatch, CH2MHILL, Kennedy/Jenks
Consultants, and URS Grenier Woodward Clyde International Americas,
Inc., to provide professional engineering services on an as-needed basis,
and authorize the Public Utilities General Manager, on behalf of the City,
to execute said Agreement and any other related documents and to take
such actions as are necessary to implement said Agreements.
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Council Member Tait requested discussion on Item A30, asking if the department
awarded a contract over $25,000 if it would come before the Council and City
Manager Jim Ruth responded that it would come before the Council; that was the
policy.
A31.
Receive and file a Notice of Filing that on June 23, 2000, the California
Independent System Operator Corporation, tendered for filing numerous
Participating Generator Agreements for acceptance by the United States
of America Federal Energy Regulatory Commission.
A32. Approve minutes of the Anaheim City Council meeting held June 6, 2000
and special meeting held June 13, 2000.
END OF CONSENT CALENDAR
A33,
BOARD/COMMISSION APPOINTMENTS/REAPPOINTMENT TO
TERMS EXPIRING JUNE 30, 2000: (Continued from the meeting of
June 20, 2000, Item A33.)
Mayor Daly moved to reappoint the persons who have expressed interest in serving.
BUDGET ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE
30, 2004: (Sewell)
Mayor Daly requested additional time to consider the appointment to the Budget
Advisory Commission and moved for a two-week continuance to July 25, 2000,
seconded by Council Member McCracken. Motion carried unanimously.
Council Member Kring stated that none of the applications provided were current, the
last one was June of 1999, and she requested that the openings be advertised. The City
Clerk stated that the advertisement had been accomplished and had appeared in the
Register.
Council Member Kring asked that if anyone would like to submit an application for the
Budget Advisory Commission to contact the City Clerk's Office.
COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE
30, 2004:
HOLMES
ROTHROCK
TAFOLLA
TARLTON
Mayor Daly moved to reappoint Mr. Holmes, Ms. Rothrock, Ms. Tafolla and Ms. Tadton,
seconded by Council Member McCracken. Motion carried unanimously.
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INVESTMENT ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE
30, 2004:
BEITLER
Mayor Daly moved to reappoint Mr. Beitler, seconded by Council Member McCracken.
Motion carried unanimously.
REDEVELOPMENT AND HOUSING COMMISSION FOR NEW TERM
EXPIRING JUNE 30, 2004:
HOLGUIN
Mayor Daly moved to reappoint Mr. Holguin, seconded by Council Member Feldhaus.
Motion carried unanimously.
Council Member Feldhaus stated that they would be looking for another Redevelopment
Commissioner at the end of July. City Clerk stated that she would bring the resignation
to the July 25th Council meeting and post a notice of unscheduled vacancy.
PLANNING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2004:
BOSTWICK
Mayor Daly moved to reappoint Mr. Bostwick, seconded by Council Member Feldhaus.
Motion carried unanimously.
SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30,
2003:
BALDWIN
BERRY
GOLD
Council Member McCracken nominated Eileen Gold. Mayor Daly moved to reappoint
Mr. Baldwin and Mr. Berry, and appoint Eileen Gold, seconded by Council Member
Feldhaus. Motion carried unanimously.
PARK AND RECREATION COMMISSION FOR
NEW TERM EXPIRING JUNE 30, 2004:
KARR
MARTIN
WHORTON
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PAGE 10
Council Member McCracken asked if Mr. Terrell and Mr. Whorton were representatives
of the schools that Council accepts and not appointments and the Mayor and City Clerk
stated that this was a ratification process of the school board appointment.
City Manager Jim Ruth said that Community Services Director Chris Jarvi just informed
him that school district intends to appoint Harold Martin in the place of Slim Terrell.
Mayor Daly moved to reappoint Mr. Karr and Mr. Whorton and appoint Mr. Martin,
seconded by Council Member Feldhaus. Motion carried unanimously.
A34. CHARTER AMENDMENTS:
Authorizing the City Attorney to draft a resolution approving ballot measures to appear
on the November ballot regarding proposed Charier amendments.
Mayor Daly stated that this discussion culminated the process that took over a year
wherein a citizens committee was appointed to look at the Charter. This committee of
seven citizens was free of any direction by the City Council except to review the Charter
and make sure it was current, that it conformed to State law and that it reflected the
current state of Anaheim. The Charter Committee returned to Council with a series of
recommendations some of which were results of issues suggested by the City staff and
others were matters that Committee members themselves brought up. The Mayor
directed staff to prepare to place on the November ballot the following items: Minor and
technical matters having to do with agenda references in the City Charter; unnecessary
and obsolete language regarding utility revenues; two pertaining to bidding procedures
for public works; Section 501 which prohibited City employees from holding office as City
Council Members or Mayor; Section 518 required at least three affirmative votes for
approval of a contract; revise the powers and duties of the Library Board; Section 1221
providing more flexibility to the electric utility department; Section 1401 procedures for
granting City franchises; and the prohibition on hiring special prosecutors. Mayor Daly
said that he believed that these were the priorities of City Staff and the legalities of
making sure that the Charter conforms to State law.
City Attorney Jack White, stated that State law was amended three years ago to prohibit
City employees from holding such office. The State statute was very vague as to
whether or not this would apply to charter cities. If this is placed before the voters and
approved, he explained, it would eliminate any future question about whether or not the
State statue applied.
The Mayor summarized by saying he would like to have all four of the technical
questions placed on the ballot as well as: Section 501, Section 518, Section 908,
Section 1221, Section 1401, and Section 703.
Council Member Feldhaus spoke of the Charter Review Committee who met seventeen
times and conducted four public outreach meetings. He noted they decided term limits
should be abolished or at least changed. He said he was ambivalent as to whether the
term limits should be changed or left alone and he was convinced that Council should
submit the review of the Committee's recommendation to the voters.
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Council Member Kring stated her opposition to changing the term limit law. Regarding
binding arbitration, she stated that the voters had voted for Measure A and it was
inappropriate for the Charter Review Commission to ovedurn the will of the people. In
1992, 82 ¼ percent of the voters voted for term limits.
Council Member McCracken suggested that some amendments could be placed on the
November ballot and some could be held over a period of time and placed on other
elections. She stated her belief that the four technical corrections could be put on the
ballot easily and she added that she did not believe that term limits should be repealed.
Mayor Daly asked the City Attorney if the 33 questions could be reduced to a lesser
number for ballot purposes and was there any possibility of combining or merging those
into fewer questions or would the ten items mentioned have to be ten separate
questions.
City Attorney Jack White responded that the subjects in most of the ten were diverse,
they could be combined even though they were not on identical subjects. He gave a
historical perspective, saying that the more individual items combined in a single
measure; the less likely it would be adopted. He stated that on the technical
amendments, the first one offered by the Mayor, actually combined 17 of the 33 into one
item which was basically half of the amendments.
City Attorney White stated that his goal, if he received direction this date, would be to
bring back to Council draft language by July 25, 2000, it would need to be adopted by
August 8, 2000, which was the deadline. There would be sixteen questions to be
brought back, he finalized.
Council Member Kring discussed term limits with regard to the two*year and four-year
term of Mayor. She asked if they could go back to having a rotational Mayor and not
have the Mayor as a separate elected official. She said the Charter Review Committee
was appointed a year ago to give recommendations to Council that did not mean that
everything would go on the ballot, clarifying that she did not support placing all
recommendations on the ballot.
Mayor Daly made a motion to have the City Attorney prepare language for the ten
subjects previously mentioned, seconded by Council Member McCracken.
Council Member Tait expressed his concern that 20 issues would be difficult for the
voters to deal with. Regarding Section 1221, which he said he believed allowed the
utility to increase water and electric rates without a cost increase, the current Charter
language limits Council from raising rates without appropriate cost increase and he felt it
was a safeguard. He said he would vote to keep that in the Charter. He said he was
against changing current provision for term limits, adding that the voters voted for term
limits. He noted his opposition to increasing Council pay.
Mayor Daly clarified that term limits and Council pay were not on the suggested list of 10
amendments to have language drafted.
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Mayor Daly noted that the motion on the floor was to direct staff to return with language
for the 10 with the understanding that the list may be reduced because of the length of
the ballot.
Motion carried unanimously.
Mayor Daly asked if there were any other items to add to the list.
Council Member Feldhaus moved to add the additional eight items, for the purpose of
drafting language. City Attorney White clarified that they were: Sections 502, 503.5,
705, 706, 10.204, 10.205, 10.206, and 1219. Upon a question by Mayor Daly, Mr. White
said he believed 705 and 706 could be combined and that he could look at combining
others. Council Member McCracken seconded the motion.
Council Member Tait asked that the City Attorney group the subjects together so they
are clear to the voters and Council Member Feldhaus said he would make that a pad of
the motion.
Motion carried with 4 ayes: Mayor Daly, Council Members McCracken, Tait, Feldhaus.
Noes: 1, Council Member Kring.
A35. VOTING DELEGATE LEAGUE OF CALIFORNIA CITIES:
Designate a voting delegate and alternate for the League Annual conference to be held
September 7, 2000 through September 9, 2000, in Anaheim.
Mayor Daly moved that the Voting Delegate be himself and the Alternate by Mayor Pro
Tem McCracken. Motion carried unanimously.
A36. POOL ROOM PERMIT APPLICATION:
PRESS BOX SPORTS BAR AND GRILL, to consider the application of Chong Kahng to
operate three pool tables at 480 North Glassell Street.
Code Enforcement Manager, John Poole, explained that this was a new business owner.
Council had previously approved the pool hall permit in November 1993 and there had
been no complaints regarding the operation of the pool hall. He noted the Police
Department concurred with his recommendation that the permit be granted.
Mayor Daly asked if the approval would change the permit from four to seven and Mr.
Poole responded that it would actually reduce it from four to three,
Mayor Daly moved to approve the application for the Press Box Sports Bar and Grill to
operate three pool tables at 480 North Glassell Street, seconded by Council Member
McCracken. Motion carried unanimously.
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Items B1 through B8 From Planning Commission Meeting of June 19, 2000: (No
action necessary unless Council desires to set a padicular item for public hearing.)
APPEAL PERIOD ENDS JULY 11, 2000
B1.
RECLASSIFICATION NO. 99-00-18
CONDITIONAL USE PERMIT NO. 4184
WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION:
OWNER: Charles Hance, 828 West Vermont Avenue, Anaheim, CA 92805
LOCATION: Podion A: 828 West Vermont Avenue.
Portion B: 800 West Vermont Avenue.
Property is 0.9 acre located on the south side of Vermont Avenue, 110 feet west
of the centerline of Citron Street (Podion A); and a 1.1 acre parcel south of and
contiguous to Portion A with no frontage on a public street (Podion B).
Reclassification No. 99-00-18 - To reclassify Portion B of subject property from
RS-A-43,000 (Residential/Agricultural) Zone to CL (Commercial Limited) Zone.
Conditional Use Permit No. 4184 - To permit and retain an existing unpermitted
truck rental facility in connection with an existing permitted auto sales dealer with
waiver of (a) required number of trees, (b) required parking lot landscaping, (c)
required landscaped setback adjacent to an arterial highway and (d) required
landscaped setback adjacent to any residential zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the applicant.
B2.
VARIANCE NO. 2000-04397 CATEGORICALLY EXEMPT-CLASS 3:
OWNER: John H. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807
AGENT: Gloria D. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807
LOCATION: 668 South Pathfinder Trail, Property is 0.24 acre located on the
south side of Pathfinder Trail, 690 feet east of the centerline of Scout Trail.
Waiver of (a) maximum fence height and (b) required side yard setback, to retain
a patio structure and built up wall.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2000-04397 DENIED (PC2000-81) (6 yes votes, Commissioner
Arnold absent).
Variance No. 2000-04397 was appealed and would be set for future hearing date.
B3.
CONDITIONAL USE PERMIT NO. 3693
(CUP TRACKING NO. 2000-04218)
AND NEGATIVE DECLARATION:
OWNER: Paul Mittman and Margaret Ann Mittman, 14501 Phillip Lane, Sonora,
CA 95370
AGENT: Anthony Fasano, Jr., 1011 North Harbor Boulevard, Anaheim, CA
92805
LOCATION: 1011 North Harbor Boulevard. Property is 0.76 acre located on the
west side of Harbor Boulevard, 250 feet north of the centerline of La Palma
Avenue (Calvary Chapel Open Door).
To consider reinstatement of this permit which has a time limitation (originally
approved on August 18, 1997, to expire June 27, 2000) to retain a church
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 14
including on-site food collection, distribution, and storage facilities in conjunction
with church activities.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3693 (CUP TRACKING NO.
2000-04218) and removed the time limitation (PC2000-82) (6 yes votes,
Commissioner Arnold absent).
Negative Declaration previously approved.
B4.
B5.
CONDITIONAL USE PERMIT NO. 3843
(CUP TRACKING NO. 2000-04220)
AND NEGATIVE DECLARATION:
OWNER: Shakeur and Yahya Cyrus, 2600 West Lincoln Avenue, Anaheim, CA
92801
LOCATION: 2600 West Lincoln Avenue. Property is 0.29 acre located at the
southwest corner of Lincoln Avenue and Magnolia Avenue (Wheel Service
Texaco).
To consider reinstatement of this permit by the modification or deletion of a
condition of approval pedaining to a time limitation (originally approved on June
10, 1996, to expire on June 10, 2000) to retain retail tire sales and installation,
automobile repair with accessory sales of parts, and used automobile sales.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3843 (CUP TRACKING NO. 2000-04220)
for three years to expire June 13, 2003 (PC2000-83) (5 yes votes, Commissioner
Boydstun voted no and Commissioner Arnold was absent).
CONDITIONAL USE PERMIT NO, 4115
(CUP TRACKING NO. 2000-04219)
AND NEGATIVE DECLARATION:
OWNER: Melvyn Lane Henkin Trust, 1300 Quail Street #106, Newport Beach,
CA 92660
AGENT: Bob Portale, 5242 Argosy, Huntington Beach, CA 92649
LOCATION: 5634-5636 East La Palma Avenue. Property is 3.2 acres located
south and west of the southwest corner of La Palma Avenue and Imperial
Highway.
To consider reinstatement of this permit which currently contains a time limitation
(originally approved on June 7, 1999, to expire on June 7, 2000) to retain an
amusement device arcade with up to 170 amusement devices within a family
entedainment center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 4115 (CUP TRACKING NO. 2000-04219)
for five years to expire June 7, 2005 (PC2000-84) (6 yes votes, Commissioner
Arnold absent).
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 15
B6.
CEQA EXEMPTION SECTION 15061(B)(3)
REQUEST INITIATION OF GENERAL PLAN AMENDMENT AND ZONING
RECLASSIFICATION PROCEEDINGS FOR TWO FREEWAY REMNANT
PARCELS: City-initiated (Planning Department), 200 South Anaheim Boulevard,
Room 162, Anaheim, CA 92805, City-initiated request to amend the Land Use
Element of the General Plan redesignating subject properties from the Medium
Density Residential Designation to the Low-Medium Density Residential
Designation and to reclassify Parcel 1 from the RM-1200 (Residential, Multiple-
Family) Zone to the RS-5000 (Residential, Single Family) Zone and Parcel 2
from the RM-1200 (Residential, Multiple-Family) Zone to the RM-2400
(Residential, Multiple-Family) Zone.
Properties are located at (Parcel 1 ) 1830 West Crescent Avenue and (Parcel 2)
2030 West Greenleaf Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Initiated a general plan amendment and reclassification proceeding for both
parcels. (Vote for Parcel 1: 5 yes votes, Commissioner Vanderbilt declared a
conflict of interest and Commissioner Arnold absent). (Vote for Parcel 2:6 yes
votes, Commissioner Arnold absent).
B7.
CEQA NEGATIVE DECLARATION (PREV.-APPROVED)
CONDITIONAL USE PERMIT NO. 2844
(CONDITIONAL USE PERMIT TRACKING NO. 2000-04226) - REQUEST FOR
SUBSTANTIAL CONFORMANCE: Western States Engineering & Construction,
Inc. Attn: Carmen Begay, 1150 North Richfield Road, Anaheim, CA 92807,
request to determine substantial conformance with previously-approved sign
plans and accent colors for an existing service station. Property is located at
8275 East Santa Ana Canyon Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved to be in substantial conformance (6 yes votes, Commissioner Arnold
absent).
B8.
MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING PLAN NO. 004
CONDITIONAL USE PERMIT NO. 4078 - REQUEST FOR EXTENSION OF
TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Pointe Anaheim LLC,
Attn: Robert SheIron, 777 Convention Way, Suite 100, Ariahelm, CA 92688,
requests a one-year time extension for Conditional Use Permit No. 4078 in order
tO allow the Pointe Anaheim project developers time to complete the acquisition
of the 29.1 acre project site, conclude arranging of financing for the planned
improvements and to implement the project conditions of approval. The Pointe
Anaheim Lifestyle Retail and Entertainment Project (hereinafter, "Pointe Ariahelm
project) encompasses an irregularly-shaped area within the Anaheim Resort
area, consisting of ten parcels totaling approximately 29.1 acres with frontages of
approximately 585 feet on the east side of Harbor Boulevard, 1,483 feet on the
south side of Disney Way, 887 feet on the west side of Freedman Way and 726
feet on the north side of Katella Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 16
Extension of time to comply with conditions of approval for CUP NO. 4078
APPROVED to expire August 13, 2001 (6 yes votes, Commissioner Arnold
absent).
Approved Mitigated Negative Declaration and previously approved Mitigation
Monitoring Plan No. 004.
No items were set for hearing by Council.
PUBLIC HEARINGS:
C1. PUBLIC HEARING - ABANDONMENT NO. 97-12A
To consider the abandonment and sale of 35 lineal feet of access rights on
Imperial Highway, located approximately 220 feet north of the northeast corner of
Imperial Highway and Santa Ana Canyon Road (ABANDONMENT NO. 97-12A).
At their meeting held May 23, 2000, the Anaheim City Council adopted
Resolution No. 2000R-79 declaring its intention to vacate certain public streets,
highways, and service easements, and to consider abandoning declaring its
intention to vacate certain public streets, highways and service easements and
setting a date and time to consider abandonment and sale of 35 lineal feet of
access rights on Imperial Highway, located approximately 220 feet north of the
northeast corner of Imperial Highway and Santa Ana Canyon Road
REQUESTED BY: Imperial Canyon Shopping Center, c/o Mr. Joseph Kung,
5581-1 Santa Ana Canyon Road, Anaheim, CA 92807
Natalie Meeks, Public Works Department, presented the staff report, which is a part of
these minutes.
Mayor Daly opened the public hearing and hearing no testimony; he closed the Public
Hearing.
Mayor Daly moved approval of the CEQA environmental findings, seconded by Council
Member McCracken. Motion carried unanimously.
Mayor Daly offered Resolution No. 2000R-136 for adoption in support of abandonment.
RESOLUTION NO. 2000R-136 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS FOR ABANDONMENT NO. 97-12A
Roll call vote: Ayes - 5: Mayor Daly, Council Members McCracken, Tait, Kring,
Feldhaus. Noes - none: Motion carried unanimously.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 17
C2.
PUBLIC HEARING - ABANDONMENT NO. 00-5A
To consider the abandonment of certain street and public utility easements
located at Jeffrey Drive, Michelle Drive and the alleys between Jeffrey and
Michelle, and Walnut and Jeffrey, all between Lynne and Audre, together with
Audre Drive between Walnut and the alley between Michelle and Hampstead
(ABANDONMENT NO. 00-5A).
At their meeting held June 8, 2000, Item A9, the Anaheim City Council adopted
Resolution No. 2000R-85 declaring its intention to vacate certain public streets,
highways, and service easements, and to consider abandoning certain street and
public utility easements located at Jeffrey Drive, Michelle Drive and the alleys
between Jeffrey and Michelle, and Walnut and Jeffrey, all between Lynne and
Audre, together with Audre Drive between Walnut and the alley between Michelle
and Hampstead (ABANDONMENT NO. 00-5A).
REQUESTED BY: Anaheim Housing Authority, 201 South Anaheim Boulevard,
#1003, Anaheim, CA 92805
City Clerk Schroeder noted an error on the agenda, Abandonment No. 00-5A was
requested by the Anaheim Housing Authority. She noted a late arriving letter from a
resident suppoding the abandonment.
Mayor Daly opened the public hearing.
Len Spivak, said he was representing six owners that had not sold and were affected by
the abandonment. He noted he received a registered letter last Saturday, informing him
of the meeting of this date, his attorney did not receive notice. He referred to a letter
from his attorney, Palmieri, Tyler, Wiener, Wilhelm & Waldron, dated July 11, 2000,
which is made a part of the record. The letter was signed by Michael Leifer and Mr.
Spivak read portions of the letter.
Discussion took place regarding Mr. Spivak's statement regarding landlocked streets.
Executive Director Community Development, Elisa Stipkovich, said he thought Mr.
Spivak was referring to 1538 Jeffrey, which was indicated as no participation.
Kyle Pritchard, President Kaleidoscope Homeowners Association, stated their support of
the development efforts in the resort and Jeffrey Lynn areas. He urged Council to
continue to work with perimeter unit owners on Walnut, Cerritos, and 9th Streets to
include those properties in the development process.
kinda Davidson, Pepperwood resident and President of the Homeowners Association,
stated she spoke for the residents, urged Council to support the project.
Bob Wall, 1532 West Lester, stated that the alleys in the Jeffrey Lynn area were a
collection place for litter, graffiti and criminals and he urged Council to continue with their
overall plan.
Lucille Justiniani said she did not understand easements and abandonments, but she
did not like it. She said the residents were poor but good people and asked Council to
act fairly.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 18
Hearing no further testimony, Mayor Daly closed the public hearing.
Mayor Daly asked City Attorney White to comment on the issues raised by Mr. Spivak
and issues presented in a letter from Palmieri, Tyler.
City Attorney White said all of the issues presented by Mr. Spivak had previously been
reviewed by staff, it was their view that the proposed vacations of the streets was in
accordance with all the requirements of law and it does not result in a compensible
damaging or taking of the property. He noted that the public streets would become
private streets, the advantage being that the owners could have a gated community,
which provides additional security. He added that it was not the intent to landlock any
parcel, that all parcels would continue to have access to the public street system. All
issues in the letter from Palmieri, Tyler were addressed and complied with the
requirements of law.
Council Member Tait asked if there was any access being taken away from any of the
properties. Community Development Executive Director, Elisa Stipkovich, responded
that all property owners would be given access and part of the action taken this meeting
would grant an easement which would give them the right of access to their properties.
She added that all of the cost of putting in the new system and new common area would
be borne by the project at no cost to the owner, no operational costs for the gates and
the maintenance of the streets would be the responsibility of the owners.
Council Member Tait asked about assurance that the easement could not be taken away
and Mr. White responded that they would be on record and provide property interest to
all of the property owners that would take access across the private easement. He said
the City could not revoke it.
Council Member Tait said he would support the proposal even though he had voted
against all other Jeffrey-Lynn items in the past. He felt it was not taking property from
owners and not hurting the tenants.
Council Member Kring asked Ms. Stipkovich to explain what Mr. Spivak meant by land
locked properties. Ms. Stipkovich said she thought what he was referring to was where
it was located on the street, but as the City Attorney mentioned, the action being
requested this date would grant an easement so that everyone in the project would
immediately have the property right to gain access to the property, for tenants and for
themselves. She said no one would be land locked.
Council Member Kring asked about the electronic access to the gates and the reply was
that a specific method had not yet been chosen.
Mayor Daly moved to approve the CEQA environmental finding, seconded by Council
Member McCracken. Motion carried unanimously.
Mayor Daly offered Resolution No. 2000R-137for adoption.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 19
RESOLUTION NO. 2000R~137 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS, AND
SERVICE EASEMENTS FOR ABANDONMENT 00-5A
Roll call vote: 5 ayes: Mayor Daly, Council Members McCracken, Tait, Feldhaus, Kring.
Noes: none. Motion carried unanimously.
C3.
PUBLIC HEARING -ABANDONMENT NO. 00-6A
To consider the abandonment of that certain blanket easement for water
purposes (originally granted to Dyke Water Company) bounded generally by
Cerritos Avenue on the north, Walnut Street on the east, the Southern California
Edison easement on the south, and Ninth Street on the west (ABANDONMENT
NO. 00-6A).
At their meeting held June 6, 2000, Item A10, the Anaheim City Council adopted
Resolution No. 2000R-86 declaring its intention to vacate certain public streets,
highways, and service easements, and to consider abandoning that certain
blanket easement for water purposes (originally granted to Dyke Water
Company) bounded generally by Cerritos Avenue on the north, Walnut Street on
the east, the Southern California Edison easement on the south, and Ninth Street
on the west (ABANDONMENT NO. 00-6A).
REQUESTED BY: Anaheim Housing Authority, 201 South Anaheim Boulevard,
Anaheim, CA 92805.
Mayor Daly opened the public hearing.
Hearing no testimony, Mayor Daly closed the public hearing.
Mayor Daly moved to approve the CEQA environmental findings, seconded by Council
Member Kring. Motion carried unanimously.
Mayor Daly offered Resolution No. 2000R-138 for adoption.
RESOLUTION NO. 2000R-138 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS, AND
SERVICE EASEMENTS FOR ABANDONMENT 00-6A
Roll call vote: 5 ayes: Mayor Daly, Council Members McCracken, Tait, Feldhaus, Kring.
Noes: none. Motion carried unanimously.
C4.
PUBLIC HEARING -ABANDONMENT NO. 98-7A
To consider the abandonment of that certain easement for utility purposes, six
feet in width, extending northerly from Katella Avenue approximately 120 feet
westerly of Ninth Street (ABANDONMENT NO. 98-7A).
At their meeting held June 6, 2000, Item All, the Ariahelm City Council adopted
Resolution No. 2000R-87 declaring its intention to vacate certain public streets,
highways, and service easements, and to consider abandoning that certain
easement for utility purposes, six feet in width, extending northerly from Katella
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 20
Avenue approximately 120 feet westerly of Ninth Street. (ABANDONMENT NO.
98-7A).
REQUESTED BY: Orange County Association for Buddhist Practices, Inc., 201
South Ariahelm Boulevard, Anaheim, CA 92805
Mayor Daly opened the public hearing and hearing no testimony; he closed the public
hearing.
Mayor Daly moved to approve the CEQA environmental findings, seconded by Council
Member Kring. Motion carried unanimously.
Mayor Daly offered Resolution No. 2000R-139 for adoption.
RESOLUTION NO. 20000R-139 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS FOR ABANDONMENT NO. 98-7A
Roll call vote: 5 ayes: Mayor Daly, Council Members McCracken, Tait, Feldhaus, Kring.
Noes: none. Motion carried unanimously.
C5.
CONTINUED PUBLIC HEARING RECLASSIFICATION NO. 99-00-16
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4178
AND NEGATIVE DECLARATION:
OWNER: David and Sandra Huarte, Trustees of the Joseph Huarte Trust UDT,
5036 Tierra Del Oro, Carlsbad, CA 920084350
AGENT: Joseph Boules, 20575 Easthill Drive, Yorba Linda, CA 92887
LOCATION: 891 South State College Boulevard. Property is 1.54 acres located
at the northwest corner of Vermont Avenue and State College Boulevard (St.
Verna Orthodox Coptic Church).
Reclassification No. 99-00-16 - To reclassify subject property from CL
(Commercial, Limited) Zone, RM-1200 (Residential, Multiple-Family) Zone and
RS-7200 (Residential, Single-Family) Zone to RS-A-43,000 (Residential,
Agricultural) Zone.
Conditional Use Permit No. 4178 - To construct a church facility (including a
multiple purpose assembly hall and Sunday school classrooms) in three phases,
including temporary trailers for church use before and during construction with
waiver of required setback for institutional uses adjacent to residential zones -
APPROVED, (b) minimum number of parking spaces - APPROVED, (c)
maximum required rear yard setback - DENIED and (f) minimum dimensions of
parking spaces - DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification N0.99-00-16 GRANTED UNCONDITIONALLY (PC2000-24) (7
yes votes).
CUP NO. 4178 GRANTED IN PART, approving waivers (a), (b), (c) and (d), and
denying waivers (e) and (f) (PC2000-25) (6 yes votes, Commission Koos voted
no).
Waiver of Code Requirement APPROVED, IN PART.
Approved Negative Declaration.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 21
Informational item at the meeting of March 28, 2000, Item B3. Review of the
Planning Commission's decision requested by Mayor Pro Tem McCracken and
Mayor Daly. At the public hearing of May 2, 2000, Item C1, extensive input was
received, public hearing was closed. On the resolutions offered for approval
there was a tie vote thus necessitating continuance to May 16, 2000, Item C2,
where action on the item was continued to May 23, 2000. The item was again
continued from the meeting of May 23, 2000, Item C1.
The City Clerk noted the receipt of a letter from the owner, David and Sandra Huarte,
requesting a continuance to August 22, 2000 and to waive the 6-month time limit.
Mayor Daly noted the Council had granted one continuance and he asked if it was
necessary to grant another.
City Attorney White responded that it was not necessary for Council to grant another
continuance and that under the law, if the property owner was willing to waive the permit
streamlining requirement for a decision within the 6 month period, the law permitted a
one time extension of that for up to 90 days. He said Council had the discretion if they
wished to continue the hearing to that date or even further. However, he added, Council
did not have to continue the matter.
Mayor Daly asked how many persons were in attendance in support of the project and a
number of citizens stood indicating that they were in support. Upon asking for an
indication of the number of persons in attendance in opposition to the project, a number
of people stood.
Mayor Daly said that because the item had been before Council a number of times and
he felt it should not be continued. He noted one of the reasons for the last continuance
was the option of having the requesting church work with a neighboring church for
purposes of providing parking. He noted the public hearing has been closed but the
Council had heard from a number of citizens regarding the project. He expressed his
concerns about the project being too large for the site but that he felt the church would
be a wonderful addition to the City, but to approve the project with four waivers, he felt
would be unwise in this location and he would e casting a no vote. He encouraged the
church to look for a larger site in the City.
Mayor Daly moved to approve the CEQA environmental finding, seconded by Council
Member Kring.
Council Member Tait noted the church had a letter from an adjacent church, which would
handle the overflow parking. He moved for a continuance to the August 22, 2000
meeting, seconded by Council Member Kring.
Mayor Daly said regardless of an agreement with an adjacent church, the other waivers
troubled him and he would oppose the continuance. Motion failed with a vote of 2 ayes:
Council Members Tait and Kring, Noes: 3, Council Members McCracken, Feldhaus and
Mayor Daly.
Vote on the CEQA environmental findings, motion carried unanimously.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 22
Mayor Daly offered Resolution No. 2000R-140 and 2000R-141 for adoption.
Council Member Tait expressed his option that the church would be a great asset to the
community and had gone to a great deal of effort to meet requirements. Staff and the
Planning Commission had expressed that they did not think there would be a parking
problem and Planning Commission approved the project on a 6 to I vote. He said he
would vote affirmatively.
Council Member Kring said she felt the church would be a great addition to the City and
reiterated that the church could not grow beyond 150 families, which was a part of their
rules. She noted that if they violated the CUP, the City would have remedy. She
informed that many projects were given variances.
Council Member McCracken explained that there were no limitations on the attendance
in the fellowship hall, the building, which would be built first, and nowhere did the project
mention when the church would be built. She noted that other properties offering
parking to the project would be encumbering their property through the CUP process.
She felt attempting to revoke a CUP from a church would be impossible. If the church
would reduce the size of the fellowship hall, there might not be a parking problem in the
future, she finalized.
Council Member Tait said the there was a condition that limited the fellowship hall not to
have services at the same time as the church and he added that he would be willing to
place a condition in the CUP that spelled out that the fellowship hall would be limited to
no more than the people allowed in the church, 300 people. He noted that reciprocal
parking agreements were common.
RESOLUTION NO. 2000R-140 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE
SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER
DESCRIPED
RESOLUTION NO. 2000R-141 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 4178
Roll call vote: Ayes 3: Mayor Daly, Council Members McCracken, Feldhaus. Nays -
2: Council Members TaiI and Krin9. Motion carried.
Mayor Daly called for a short break.
C6.
CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2000-
04191
CATEGORICALLY EXEMPT-CLASS 32:
OWNER: Sumanbhai N. Patel, 426 South Beach Boulevard, Anaheim, CA
92804
AGENT: Chevalier, Allen, and Lichman LLP, Attn: Berne Hart, 2603 Main Street
#1000, Irvine, CA 92614
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY t 1, 2000
PAGE 23
LOCATION: 426 South Beach Boulevard. Properly is 0.36 acre located on the
east side of Beach Boulevard, 460 feet nodh of the centerline of Orange Avenue
(Pacific Inn Motel).
To retain an existing non-conforming 23-unit motel.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04191 DENIED (PC2000-48) (7 yes votes).
Informational item at the City Council meeting of May 16, 2000, Item B2. Letter
of appeal submitted by the Agent, Chevalier, Allen and Lichman LLP. Continued
from the meeting of June 13, 2000, Item C1.
Greg Hastings, Zoning Division Manager, Planning Depadment, presented the staff
report dated June 13, 2000, which is a part of these minutes.
Mayor Daly opened the public hearing and called for a speaker on behalf of the
applicant.
Barbara Lichman with the firm of Chevalier, Allen & Lichman said they represented the
Pacific Inn Motel. She said it was their position, after hearing the staff report and
reading the attended papers, that there was not sufficient evidence to support the basis
of the Planning Commission's denial, the basis being that the Pacific Inn somehow
interfered with the health and welfare of the citizens of Anaheim. She said she would
not reiterate what they wrote in their original appeal letter, they had submitted a new,
short letter and she said she would tell the Council the essence of what was in the letter.
Ms. Lichman commended from the letter dated July 11, 2000, submitted as a part of the
record. She said based on the statistics, she felt the Lincoln Inn posed far more of a
threat to the health and safety of the people of Anaheim than the Pacific Inn ever did and
she said the statistics given by staff on the Pacific Inn, the basis for their denial of the
CUP, was on alleged infractions dating back to 1992. Since 1998 when the CUP was
denied, she said there had been major improvements in the way the Pacific Inn had
been run. She gave an example, citing a reduction of 20% in police calls since February
of 1998 without the full time guard that had been a condition of the original CUP. She
continued, adding that all drug arrests were eliminated, not one arrest since February of
1998. Regarding prostitution, she cited between February 1998 and June 14, 2000,
Pacific Inn had no arrests for prostitution, so she did not see that as a major threat to the
welfare of the community. Between February and April of 2000, the Covered Wagon
Motel had three arrests for prostitution, yet the Covered Wagon Motel was granted a
CUP. Ms. Lichman reported that June 14, 2000, a couple of days after the Planning
Commission meeting at which the CUP for the Pacific Inn was denied, two arrests for
prostitution were allegedly linked to the Pacific Inn, both took place off premises, unlike
the Covered Wagon Motel arrests. She said one was a woman registered with her
alleged husband at the Pacific Inn, the husband was immediately ejected. She informed
the other arrest was a person not registered at the Pacific Inn but accompanying a male
guest, the male guest was immediately ejected. She said there was no evidence
whatsoever that the proprietor of the Pacific Inn had any knowledge of the presence of
those women at the Pacific Inn, let alone any connection with prostitution.
Regarding the issue of long-term guests, Ms. Lichman reported there were seven long-
term guests in 1998 at the Pacific Inn. Since that time, two had left, two were leaving;
one July 14th and one July 21st; two were looking for homes and one was being evicted
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 24
by the proprietor of the Pacific Inn, all without any action by the Hotel/Motel Task Force.
Yet, she said, other hotels that received CUP's were given until January 15, 2001 to
eject their long-term guests. She explained there would be long term tenants in alleged
violation of City Codes in other hotels, there would not be in the Pacific Inn, yet the
Pacific Inn was denied a CUP. The fact was, she exclaimed, that the long-term guests
were sent there in large part by Orange County charities that were sheltering people who
had no other shelter. The Pacific Inn took in people sent to them by the Catholic
Charities of Orange County, Share Ourselves, Salvation Army and the Southwest
Community Center, she said, noting that at the same time the City of Anaheim wanted to
close the Pacific Inn as a nuisance and a den of inequity, the County of Orange was
depending on it to house people who had no other place to go.
Ms. Lichman said forcing the Pacific Inn out of business would accomplish nothing for
the City or the welfare of its residents, it would force the same long-term residents into
the other motels to which the City had granted CUP's. She said it appeared that the
Planning Commission treated motels in like-positions in different ways, selectively
applying the codes of the City and disregarding the statistics applicable to the Pacific
Inn. She asked Council to take the facts and statistics into consideration and grant the
Pacific Inn's appeal, grant the CUP with whatever conditions Council felt was
appropriate to guard the safety and welfare of the people of Anaheim, but do so in an
equitable and legal fashion
Mr. Patel, 7878 Crescent Ave., Buena Park, asked if the owner had committed a crime
that he deserved this kind of penalty. He said he was of a society, which cared for the
fallen. He asked if someone fought in the motel, was it the owner's fault, and if the
police had to be called five times, that was their duty. He felt this was too much of a
punishment for a crime, which was not justified.
Mayor Daly offered a final summarization to Ms. Lichman and she declined.
Council Member Kring asked Ms. Lichman how a motel or hotel got on the list that the
charities used to send people for shelter. Ms. Lichman responded that a hotel submitted
their name and it went in rotation. She added that it was prepaid. Council Member
Kring asked what other Anaheim hotels were on the list and Ms. Lichman said she did
not know. Council Member Kring asked how long the Pacific Inn had been on the list
and Ms. Lichman said she was not sure, at least the two years she had represented
them.
Council Member Tait asked Code Enforcement if they had seen the declaration from Mr.
Patel listing the items he had repaired. John Poole, Code Enforcement, said they had
not had the opportunity to review the information that he had given to Council, but they
had inspected and he presented photos from the March, May and July inspections,
which have been made a part of this record.
Mayor Daly asked Mr. Poole to clarify which information he did not have an opportunity
to review. He responded that the information submitted this date, he had not reviewed.
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JULY 11, 2000
PAGE 25
Council Member Tait gave Mr. Poole a copy of a declaration of Samanbhai N. Patel,
dated May 15, 2000, which is a part of this record and attached to the correspondence
dated May 15, 2000 from Chevalier, Allen & Lichman.
Council Member Tait asked if there was existing code violations as of the last inspection.
Mr. Poole responded that as of July 7, 2000, the only violation was exhaust fans, rather
minor at this time, He said the thing that concerned Code Enforcement was that there
was a continual renting of the units on a long term basis and if Council reviewed the
inspection photos dated March 31, 2000, May 31, 2000 and July 6, 2000, there was food
items, refrigerators in a number of the rooms that were being used by long term tenants.
Council Member Tait commented that other than that, there didn't seem to be a lot of
problems other than people storing personnel things.
Mr. Poole replied that was true at this time, but that was the third time the motel had
been inspected since March and those types of properties did have a tendency to
improve when extensive inspections were done and they were going before Council.
Council Member Kring noted that the speaker said the seven long-term tenants were
leaving.
Mr. Poole said their records show there were still six long-term tenants on the property.
Mayor Daly asked Mr. Poole how many of the March 31st photos would constitute code
violations and Mr. Poole said the owner was notified by a letter sent this date that there
were currently eight violations that needed to be corrected.
Council Member Kring asked if the letter had just been mailed this date and Mr. Poole
said that was correct, but the officer discussed the outstanding violations with the motel
owner when he inspected on July 6, 2000. She asked how much time was given to
repair the violations and Mr. Poole answered 30 days.
Mayor Daly closed the public hearing.
Council Member McCracken, referring to comparisons made to other motels, informed
that the Pacific Inn motel had been operating without a permit.
Mr. Poole responded that each of the motels was being handled on an individual basis.
He said Ms. Lichman referred to the Lincoln Inn, which had it's CUP modified by the
Planning Commission, who extended the CUP until January of 2001 and the main
reason they extended it was to give the owner of the properly time to get the permanent
tenants other accommodations or make other arrangements. He added that the record
would show that Code Enforcement had worked several years to get the Pacific Inn to
apply for the CUP, when a criminal complaint was filed in North Court in December of
1999, then they filed for the CUP that is being considered now. He added that they did
not do that voluntarily.
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CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 26
Council Member Kring asked the City Attorney if the CUP was denied, what would
happen to the properly. City Attorney White answered that if the CUP was denied, any
further use of the property as a motel would be in violation of the Zoning Code and the
prosecution for that would continue or the City could seek injunctive relief. He
suggested that the three inspection reports submitted by staff were actually put into
evidence after the public hearing was closed and in the interest of due process, he felt it
appropriate if Ms. Lichman wished to comment on those reports.
Council Member Kring clarified that the motel was in violation since they had no CUP.
Mr. White provided the following history; the Pacific Inn had a CUP that was issued back
in 1979, due to the operation, it was brought to a hearing in front of a hearing officer
referred by the Council, the hearing officer made a recommendation which included
putting an expiration date in the CUP. That was approved by the Council, Mr. White
noted, amendments to the conditions of the CUP were put in place to include the
expiration, the permit expired and the motel continued to operate. He said the City then
filed a criminal action for a zoning violation for operating without a CUP at which time the
owner applied for a new CUP, which was what was before Council this date. The
criminal case had been held in abeyance pending the final outcome on the permit.
Mr. White suggested re-opening the hearing for the limited purpose of allowing Ms.
Lichman or the property owner to respond to the staff information presented in the three
inspection reports.
Mayor Daly re-opened the public hearing for that purpose.
Ms. Lichman introduced her associate, Berne Hart, and she reminded Council that an
application for a CUP was filed in the name of Rick Patel long before the most recent
application in the name of Sumanbhai Patel. She said there was a pending application
for a CUP a year and a half ago, long before a criminal complaint. She said there were
some problems, the Planning Department lost the application and it had to be re-
documented.
Berne Hart of Chevalier, Allen & Lichman, said that in respect to the photos given to
Council, the photographs of March 31, 2000 attached to their appeal were the corrective
photographs for the discrepancies, submitted along with their appeal. With the respect
to the most recent eight violations, Mr. Hart submitted photographs that addressed each
of the violations, taken within the last day or two. He said the discrepancies were minor,
they were corrected immediately in advance of Pacific Inn even receiving the notice
which was mailed this date.
Mr. White asked if he wished the photographs to be made a part of the record and Mr.
Hart responded affirmatively. They were marked by room number, addressing the
specific violation, he noted.
Mayor Daly closed the public hearing.
Council Member Tait wondered if the CUP was denied this date, would the guests have
to move out and the motel could not operate and be boarded up.
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CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 27
Mr. White responded practically that was not what would probably happen, legally, if it
was denied this date, it would continue to be an illegally operated motel until it was
closed.
Council Member Tait asked if legally the owner would have to close operations
tomorrow, if denied this date.
Mr. White answered legally the operation should have been closed back in 1998 when
the last permit expired, but that did not happen and that was why it was before Council
this date. He said that he did not think anyone on staff would say they anticipate a mass
exodus tomorrow from the motel. He said legally it would continue to be operated as an
illegal motel and the City would have civil and criminal remedies available to enforce the
zoning code.
Council Member Tait asked Mr. Patel if he could quantify, in dollars, the amount of
investments made in the property this year.
Ms. Lichman responded her client advised her approximately $20,000 between last year
and this year.
Council Member Feldhaus asked if the pictures being shown to Council were of rooms
people had vacated from March and now the rooms were being cleaned up and
repaired.
Mr. Hart said no, the pictures addressed specifically the most recent code violations that
were noted by Code Enforcement during their inspection of last week.
Upon a question by Council Member Kring regarding the long term guests, Ms. Lichman
reiterated that there were originally seven, two were gone, two will be leaving one on the
14th Of July, one on the 21st of July, one is being evicted by legal action and two were
looking for housing, being assisted by Mr. Patel.
Mr. Poole said when Code Enforcement inspected they went through the registration
cards of July 6, 2000 and they still showed six individuals living there on a long-term
basis,
Council Member Kring said she felt this was a fairness issue, if the City gave Lincoln Inn
and Covered Wagon CUP's and there was less crime and less code violations and less
calls for police activity at the Pacific Inn, she did not see how the City could treat one
property differently than others. She asked to hear from the Police Department.
Sergeant Sutter, Anaheim Police Department, responded with statistics for the last six
months, noting there were 27 calls for service at Pacific Inn, 17 of which were directly
related to the business, two were actual individuals, one female prostitute who was
arrested was going to take the undercover officer to her room at the Pacific Inn and the
other directed the undercover officer to meet her there. Regarding specifics given
earlier, he noted that the Pacific Inn had 23 rooms and the Lincoln Inn had about five
times that many, which threw comparisons off. Compared to other hotels on Beach
Blvd. he said the Anaheim Lodge at 837 S. Beach Blvd. had 45 rooms, they had 18
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CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 28
calls for service during the first six months of this year; the Moonlight Motel, 735 S.
Beach, had 42 rooms, they had 12 calls for service but only 2 could be directly attributed
to them and the Americana Motel at 130 S. Beach Blvd. had 44 rooms and they had 13
calls for service of which only nine could be attributed to the location. Sergeant Sutter
explained the computer records on prostitution arrests and added that when he worked
vice, he had made arrests of females from that location, for years there has been
prostitutes working that area and the hotels.
Council Member Tait asked Sergeant Surfer to break down the 27 calls for service at
Pacific Inn and Sergeant Sufter reported: disturbance in the parking lot, drunk in public,
17 year old son tore up a room, resident's screaming, windows being broken, landlord
disputes, someone kicking in a door, a battery, a theft, someone refusing to check out, a
call suspecting narcotic activity in a couple of the rooms, landlord/tenant dispute after the
28 day stay, noisy subjects and a theft of phones.
Council Member McCracken asked if the motel was supposed to have daily maid service
and security and Mr. Poole responded that the previous CUP required on-site security
but he did not know if the previous CUP required daily maid service,
Mayor Daly noted that he felt there was a clear, strong recommendation from staff as
well as the Planning Commission and he said he felt there was substantial evidence to
support the Planning Commission recommendation. He moved to approve the
environmental finding, seconded by Council Member Kring. Motion carried unanimously.
Mayor Daly offered Resolution No. 2000R-140, denying Conditional Use Permit No.
2000-04191.
Council Member Tait said this was a tough issue and it seemed liked staff was
recommending denial not so much for the deterioration of the property but for the long
term stay of its tenants and he said he had voted repeatedly that he did not think the City
should limit the stay in motel rooms. He said there were a number of calls for service
but a number of the calls were actually resulting from the owner trying to evict some
tenants. If it was denied, he said, the City would end up eventually with a boarded up
motel and it would probably stay that way for some time. He felt the wiser move would
be to work with the owner, pictures show it was fairly clean inside, problems were with
tenants' storage of materials and such. He said he would vote against the motion.
Mayor Daly added that he felt there was a clear pattern of criminal activity and of
substantial cost to the taxpayers to police the properly. He offered Resolution No.
2000R-140 for adoption:
RESOLUTION NO. 2000R-140 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANANEIM DENYING CONDITIONAL USE PERMIT NO. 2000- 04191
Roll call vote: Ayes 3: Mayor Daly, Council Members McCracken, Feldhaus. Noes
Council Members Tait, Kring. Motion carried.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY I I, 2000
PAGE 29
C7.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2000-04222
WAIVER OF CODE REQUIREMENT ADDENDUM TO ENVIRONMENTAL
IMPACT REPORT NO. 189:
OWNER: City of Anaheim (Redevelopment Agency), 201 South Anaheim
Boulevard, Suite 1003, Anaheim, CA 92805
AGENT: Avalon Acquisition Corporation, Attn: Mr. Adam Cole, 495 Nodh
Commons Drive, Suite 200, Aurora, Illinois 69504
LOCATION: 400 West Lincoln Avenue and 100 South Harbor Boulevard.
Properly is 3.0 acres located at the southeast corner of Lincoln Avenue and
Harbor Boulevard.
To construct a live performance theater including banquet facilities with outdoor
dining area and the sales of alcoholic beverages for on-premises consumption
and construction of a freestanding electronic reader board (changeable
message) sign with waiver of (a) minimum number of parking spaces, (b)
maximum height, width, area and location of freestanding reader board sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04222 GRANTED (PC2000-72) (6 yes votes, Commissioner
Bostwick absent).
Approved waiver of code requirement.
EIR NO. 189 previously approved.
Informational item at the City Council meeting of June 20, 2000, Item B2.
Review of the Planning Commission's decision requested by Mayor Daly and
Council Member McCracken.
Greg Hastings, Zoning Division Manager, presented the staff report, which is a part of
these minutes.
Mayor Daly asked if more detail would be returned to Council on the electronic reader
board.
Ms. Stipkovich, Executive Director Community Development, responded that the final
design for the building would come forward to Council as a redevelopment project and
the technology for the reader board had not specifically designed and she anticipated
that through the redevelopment approval there would be an approval process. The
hours of visibility of the sign would also be contained in the agreement that Council
would review. She said the project would not go forward without the Redevelopment
Agency sale of the land, the zoning action being considered by Council this date was not
the final action for the project, more detail would come forward.
Mayor Daly asked the size of the reader board and Mr. Hastings responded the height
was 75 feet, width was 50 feet and the face of the sign was 38 feet by 28 feet, 1,084
square feet.
Mayor Daly asked for more information about the technology and characteristics about
the reader board.
Adam Cole, Director of Real Estate for ASFX Entertainment, responded that the reader
board technology was their effod to provide the community with a contemporary, state-
of-the ad facility, of which the reader board was a part. He said it was a concept sign,
CITY OF ANAHEIM
CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 30
not in current production and not fully developed. He said further details would be
presented with the development agreement. Mr. Cole said the intention was to identify
the building as a theater building and what productions would take place.
Mayor Daly said his concern was the residents within a block of the facility. He asked if
it would be visible from Harbor Blvd. and Mr. Cole said it was not flatly visible from
Harbor, the entrance of the venue was centered on the Promenade circle. He noted a
corner might be viewed from some corner of Lincoln or Harbor but not the face.
Mayor Daly said one of the draft plans showed some light projecting on the large wall
that faced the back of the stage facing Harbor and Lincoln. Ms. Stipkovich said that
maybe in an early draft they might have indicated that they wanted to do something like
that, but that has been removed. She said a regular sign would be on Harbor.
Council Member Tait said he appreciated the landscaping on the corner of Lincoln and
Harbor and he asked the projected completion date. Mr. Cole said the current schedule
suggested that the soonest opening would be in the first quarter of 2002.
Mayor Daly asked about the name of the building and Ms. Stipkovich said the current
title was a working title, people have reacted positively to it, but it was not the final name
that would be discussed in the redevelopment agreement.
Mayor Daly opened the public hearing and hearing no testimony, he closed the hearing.
Mayor Daly moved to approve the CEQA environmental findings, seconded by Council
Member Tait and motion carried unanimously.
Mayor Daly offered Resolution No. 2000R-143 for adoption.
RESOLUTION NO. 2000R-143 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2000-04222
Mayor Daly asked Mr. Hastings to explain the rational for the parking waiver. Mr.
Hastings answered that downtown thera was a total of 2,388 parking spaces owned and
under control of the Redevelopment Agency and a study completed indicated there was
sufficient parking.
Roll call vote: Ayes - 5: Mayor Daly, Council Members McCracken, Tait, Feldhaus,
Kring, Motion carried,
REPORT ON CLOSED SESSION:
City Attorney White noted there were no actions to report from Closed Session.
COUNCIL COMMUNICATIONS:
Council Member McCracken suggested the Council Meeting of July 11, 2000 be
adjourned in the memory of George Edwards, a 34 year resident, serving as Public
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CITY COUNCIL MINUTES
JULY 11, 2000
PAGE 31
Utilities Department Power Resource Project Manager and also served on the Public
Utilities Board and represented the City on the Orange County Vector Control Board.
Council Members expressed their prayers and wishes for a speedy recovery for an
Anaheim Police Officer injured in the line of duty. City Manger Ruth reported that he had
just been informed that the alleged shooter of the officer had been apprehended.
ADJOURNMENT:
Being no furlher business to come before the Council and by general consent, Mayor
Daly adjourned the meeting at 9:43 P.M.
Respectfully submitted:
Sheryll Schroeder, CMC/AAE
City Clerk