2000/11/14ANAHEIM, CALIFORNIA - CITY COUNCIL
REGULAR MEETING
NOVEMBER 14, 2000
The City Council of the City of Anaheim, CA met in regular session.
Present:
Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille 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
November 9, 2000 at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:13 P.M. in the Council Chambers of
the Anaheim City Hall, 200 S. Anaheim Blvd. The first portion of the meeting was a
workshop on Groundwater Replenishment System, presented by the Public Utilities
Department.
WORKSHOP FOR GROUNDWATER REPLENISHMENT SYSTEM:
City Manager, Jim Ruth, introduced the workshop presented by Public Utilities General
Manager, Ed Aghjayan and Bill Mills, General Manager of the Orange County Water
District.
Irv Pickler, President of the Orange County Water District, introduced the members of
the Board that were in attendance.
Mr. Pickler announced that the Groundwater Replenishment System was a new, high
tech membrane water purification project. He informed that it took purified sewer water
and it was further purified near distilled water quality, using microfiltration, reverse
osmosis and it was backed up by ultra violet disinfection. In the last year, he said there
was new, refined information, which Mr. Mills would address. He said the he wished to
highlight some of the benefits of the groundwater replenishment system to the City.
First, he said, Anaheim would be the first to receive the high quality, near distilled water
and see major improvements in the relatively high solidity of Anaheim tap water.
Second, he informed Anaheim and other cities would benefit from the fact that this water
was drought proof and provides water reliability. Third, the groundwater replenishment
provides the City with water diversity. He said it was smart not to depend on only one or
two sources of water. He said they wished to add the City of Anaheim to their long list of
supporters by requesting a resolution of support for the visionary water project. He
introduced Mr. Bill Mills.
Mr. Mills said a lot had happened the last year and it was their desire to review the
accomplishments for the last year. He presented a slide presentation; available in the
City Clerk's Office, outlining the three phases of the project that he felt used reliable and
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proven processes to purify treated sewer or wastewater. He said it protected the
groundwater from seawater intrusion and improved the quality of groundwater. He
indicated it would provide a safe and reliable water supply for over 200,000 families and
helped the sanitation district avoid the construction of another costly outfall. He
reviewed various maps and reviewed the three processes, microfiltration, reverse
osmosis and ultraviolet disinfection.
Regarding local objectives, he said one was to improve groundwater quality, provide a
new water supply, increase reliability, provide water supply diversity and defer the need
for a new ocean outfall. He listed other benefits like electrical savings, meeting long-
term supply needs and compliance with CALFED processes.
Mr. Mills spoke about the groundwater replenishment system producing the highest
quality water in the region, particularly reducing the concentration of salts. He reviewed
the history of groundwater quality in the region.
He reviewed the project cost of $352 million, which included grants of $56 million and
reviewed the project benefits and the public information program.
Mr. Mills wrapped up his presentation by discussing the progress; noting they were on
schedule, the EIR had been certified and the Record of Decision for the Federal EIS and
had made most of the technical decision, secured most of the permits and agreements.
He added that they had succeeded in a community outreach program and conclusion
and project recommendations would be brought forward in December to the Board of
Directors and it was planned that in the last week of January, 2001, there would be a
joint board meeting between the two districts and at that time a decision would be made
to more forward or not.
Council Member Feldhaus asked what plan was being considered to prevent seawater
intrusion and Mr. Mills responded that there was one avenue of seawater intrusion
potential into the basin and had constructed a series of 23 injection wells along the
section of the groundwater basin and inject water into the wells and form a pressure
ridge above sea level so the pressure in the wells was about three or four feet above
seal level, which held the ocean level back.
Council Member Tait asked the source of the Santa Ana River and Mr. Mills said most of
the water coming down the river came from about 18 different wastewater treatment
plants and also run off from rain.
Council Member Tait asked if there was a risk of non-pure water being pumped into
Anaheim if the filtration system broke down.
Public Utilities General Manager, Ed Aghjayan, answered that during the EIR stage of
the project, the Anaheim wells were projected to be replaced that were located within the
zone established by the Department of Health Services, current guidelines were 2,000
feet and one year travel time, which would be a safety valve.
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Mr. Mills said they would stand behind what they planned to do and if there were any
impact to the City's wells, they would correct it. He said each of the processes provided
for a different failure and DHS required a multiple failure barrier.
Council Member McCracken asked the time frame from the time the water was placed in
the Kramer Basin and is pumped out to Anaheim homes.
Mr. Mills said he did not have the answer, but he thought it was about two years.
Don Caulkins said the five wells near the basin, if they were in the zone of concern,
might be replaced.
Council Member McCracken asked how long it would take to build the project and Mr.
Mills said the City would not see any water until 2004.
Ed Aghjayan said staff had just received new numbers for the project and he said he
would like to meet with the project team to go over the numbers and assess the impacts.
Council Member McCracken noted that Irvine Ranch Water District had considered a
phased approach and she asked Mr. Mills to respond.
Mr. Mills said they proposed the Orange County Water District stage the project, that
they build only the portion required for seawater intrusion and at a later point, construct a
pipeline to run water up to the Anaheim/Irvine area. He said while it was an interesting
proposal, it did not meet the objectives. He said they would continue to analyze their
proposal.
City Manager Ruth said he felt it was appropriate for staff to follow up with the Orange
County Water District staff and resolve the remaining issues and concerns and report
back to Council.
At the conclusion of the workshop, at 4:00 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: (4:00 P.M.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
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).
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
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Initiation of litigation pursuant to subdivision (b) of Section 54956.9 of the
Government Code: one potential case.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 425 South Anaheim Boulevard, Anaheim, California.
Agency negotiator: Lisa Stipkovich
Negotiating parties: Anaheim Housing Authority and Clayton Frommholtz
Investment Properties
Under negotiation: price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3.89 acres of property located at the southwest corner of the I-5
Freeway and Magnolia Avenue, 1211-A Magnolia Avenue, Anaheim, California.
Agency negotiator: James D. Ruth
Negotiating parties: City of Anaheim and Delphi Automotive Systems, LLC
Under negotiation: price and terms
ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager, City Attorney, City Clerk, City Treasurer
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: International Brotherhood of Electrical Workers, Local 47
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: Anaheim Police Association
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Acevedo v. City of Anaheim, Orange County Superior Court
Case No. 00CC02549.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 2000 Gene Autry Way, Anaheim, California (Glacier of Anaheim site;
Sportstown Anaheim site).
Agency negotiator: Lisa Stipkovich
Negotiating parties: City of Anaheim and Glacier of Anaheim, LLC
Under negotiation: terms of lease.
10.
PUBLIC EMPLOYMENT
Title: Public Utilities General Manager
AFTER RECESS:
Mayor Daly called the regular Council meeting of November 14, 2000 to order at 6:35
P.M. and welcomed those in attendance.
INVOCATION: Moment of silence offered by Mayor Daly.
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FLAG SALUTE: Council Member Lucille Kring.
PROCLAMATIONS AND DECLARATIONS:
A presentation recognizing recipients of the City of Anaheim Legacy Awards for
2000 sponsored by the Rotary Club of Anaheim. Recipients Janice Kabarsky,
Planning Department and MaryAnn Hugo, Branch Manager of Haskett Library,
were both present and accepted their awards.
Declaration presented by Police Chief Roger Baker recognizing Carlos Ortiz for his act
of heroism on July 10, 2000 and his assistance to Police Officer Casey Geary.
Recognitions to be presented at a later date were: A declaration recognizing the
Automobile Club of Southern California on their 100th anniversary and a
declaration recognizing Takakuni Oki on the 15th anniversary of the Oki Gauken
School Visit Program.
At 6:49 P.M., Mayor Daly recessed the City Council meeting until after the
Redevelopment Agency meeting.
Mayor Daly reconvened the City Council meeting at 6:57 P.M.
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
PUBLIC COMMENTS:
Lisa Waddell, a thirty year resident of the City, was present to re-introduce her project
which was a wedding and banquet facility in Anaheim Hills on approximately thirty acres
beside the new Marriott facility and the proposed Soup Plantation restaurant on the
corner of Festival Drive and Santa Ana Canyon Road. She spoke of the widening of
Santa Ana Canyon Road and referred to hillside grading. She asked that if the City
would like to widen Santa Ana Canyon Road that they come forward soon and let the
community know.
Jane Matheson, 20122 Cypress Street, Newport Beach, was present on behalf of the
borders of Rancho Del Rio Stable. She asked Council to place the renewal of the lease
on the agenda for discussion.
Elaine Molden, 847 South Canyon Mist Lane, Anaheim, voiced her support of the
Waddell project, a wedding and banquet facility. She said she was a nearby resident
and would like to have less density in the area and she believed that it would be a
landmark for Anaheim Hills to have a beautiful mansion. She said that the Waddell's
would be able to provide that location for local events in the community.
Betty Farnsworth, 7912 East Altere Lane, Anaheim, voiced her opposition to the
proposed banquet facility. She said that her property butted up to the Deer Canyon Park
and that building a facility like that would undermine the park atmosphere.
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ADDITIONS/DELETIONS TO THE AGENDA: None.
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Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded
by Council Member McCracken. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A20: On motion by
Mayor Daly, seconded by Council Member McCracken, the following items were
approved in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar. Mayor Daly and Council
Member McCracken voted no on item A2, Mayor Daly voted no on A12. Item A19 was
continued for one week. Mayor Daly offered Resolutions Nos. 2000R-235 through
2000R-241for adoption. Mayor Daly offered Ordinance No. 5742 for adoption. Motion
carried unanimously.
A1.
Receive and file minutes of the Anaheim Park and Recreation
Commission meeting held September 27, 2000; minutes of the
Investment Advisory Commission meeting held May 16, 2000; the
Monthly Financial Analysis for two months ended August 31, 2000, as
presented by the Finance Director; minutes of the Deferred
Compensation Committee meetings held June 30, 1999, October 13,
1999, January 12, 2000, April 12, 2000, June 13, 2000, July 12, 2000 and
August 24, 2000, as submitted by the City Treasurer and the Investment
Portfolio Report for the month of October, 2000, as submitted by the City
Treasurer.
Council Member McCracken noted that there were 10,000 families that chose not to
have paramedic insurance and she explained that it was not billed on resident's utility
bills and in order to have the service, they must request it.
Mayor Daly requested details regarding the number of subscribers.
A2.
Approve the quitclaim of the City's interest in the abandoned excess
street right-of-way to Charles E. Hance and accept the conveyance of
property to the City and approve the Grant Deed as the instrument of
conveyance. (Abandonment No. 00-10A.)
Mayor Daly and Council Member McCracken voted no.
A3.
Approve the quitclaim of six abandoned easements to Country Hills
Estates, LLC (Abandonment No. 00-12A) in order to clear title.
A4.
Waive Council Policy 306 and ratify the issuance of a purchase order in
the amount of $46,663, plus tax, to Mattman Company for a van
conversion for the Police Department.
A5.
Accept the low bid and authorize the execution of an Agreement with
Sun-Belt Landscape and Maintenance, Inc., in an amount not to exceed
$380,160 for landscape maintenance for a two-year period beginning in
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November 2000, with three one-year optional extensions, in accordance
with Bid #6078.
A6.
Accept the low bid and authorize the execution of an Agreement to
Schlumberger Resource Management Services, Inc., in an amount not to
exceed $562,557, for water meter testing, repair and/or replacement for a
one-year period beginning November 15, 2000 and authorize the
Purchasing Agent to exercise up to three additional one-year optional
renewals in accordance with Bid #6049.
A7.
RESOLUTION NO. 2000R-235 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of
certain City records more than two years old (Finance Department).
A8.
Accept the bid of CA Short Company in an amount not to exceed
$50,000, including tax, per year to administer the City's service award
program as required for a one-year period beginning October 2000 and
authorize the Purchasing Agent to exercise up to three additional one-
year optional renewals, in accordance with Request for Proposal No.
6069. (Continued from the meeting of November 7, 2000, Item A8.)
A9.
ORDINANCE NO. 5743 (INTRODUCTION) AN ORDINANCE OF
THE CITY OF ANAHEIM amending Section 5.04.110 of Chapter 5.04 of
Title 5 of the Anaheim Municipal Code pertaining to bicycle licensing.
A10.
Approve and authorize the Mayor and City Clerk to execute an
Agreement with the Orange County Health Services Agency for animal
control services for the period of July 1, 2000 through June 30, 2001 in an
amount estimated by the County of Orange to be $787,679 for fiscal year
00/01 (precise costs to be based on field, shelter and licensing actions)
and approve an amendment to the fiscal year 00/01 Planning Department
expenditure appropriations by increasing expenditure account number
101-418-2280-7825 by $235,576.
All.
Approve a mitigated negative declaration in accordance with CEQA
guidelines for the Deer Canyon Park Preserve project and authorize the
City Manager to submit the necessary permit request to the Federal Fish
and Wildlife Service to enable the development of the Deer Canyon Park
Preserve area.
Mayor Daly requested a projected timetable for this project from the City
Manager. City Manager Ruth stated that they were ready to go out to bid and on
schedule. He also offered to provide City Council with additional information.
A12.
Approve and authorize the Executive Director of the Community
Development Department to execute Amendment No. 3 to the Disposition
and Development Agreement by and between the City, the
Redevelopment Agency and Olson Urban Housing L.L.C. for the "Shorb
Wells" site, 12.7 acres located at the northwest corner of La Palma
Avenue and Weir Canyon.
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Mayor Daly voted no.
A13. Approve a Lease Agreement between Cox PCS Assets and the City of
Anaheim for authorization to place a cell site within the Anaheim
Convention Center.
Council Member Kring asked if the City able to sell the other three quadrants. City
Manager Ruth responded that that was his understanding and that there was a problem
with reception at the Convention Center.
Director of the Convention, Sports and Entertainment Department, Greg Smith,
stated that this contract would allow Cox PCS cellular company to install
equipment so the Convention Center could improve the cellular reception. They
would pay a monthly fee on the Convention Center property and there was no
intrusion from the streets. The Convention Center could accommodate four
cellular operators. The City Council had approved a contract with AT&T and this
would be the second contract of four. It was an unfinished room on the third floor
of the new expansion area and had no visual impact, he explained.
A14. Authorize the Human Resources Director to execute agreements for the
acquisition of labor and services for temporary personnel.
A15.
Approve and authorize the City Manager or his designee to execute all
necessary documents to Amendment No. 3 to the Amended and
Restated Lease by the City and Glacier of Anaheim LLC and authorize a
loan of $1.4 million to the Redevelopment Agency and reflect an increase
in expenditures and revenues as appropriate.
A16.
RESOLUTION NO. 2000R-236 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds
conveying certain real properties or interests therein to the City. (City
Deeds 10330, 10331,10337.)
A17.
ORDINANCE NO. 5742 (ADOPTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending certain provisions of Chapter 12.12 of Title
12 of the Anaheim Municipal Code pertaining to right-of-way construction
permits. (Introduced at the City Council meeting of November 7, 2000,
Item A6.)
A18.
RESOLUTION NO. 2000R-237 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 97R-
101 which established rates of compensation for unrepresented part-time
job classifications. (Nine unrepresented part-time classifications.)
RESOLUTION NO. 2000R-238 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 97R-
101 which established rates of compensation for unrepresented part-time
job classifications. (Six unrepresented part-time event classifications.)
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A19.
RESOLUTION NO. 2000R-239 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 92R-17
adopting Personnel Rules applicable to employees in management,
confidential and non-represented paR-time classifications.
RESOLUTION NO. 2000R-240 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-
124 which established rates of compensation for job classifications
designated as Middle Management.
RESOLUTION NO. 2000R-241 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM establishing rates of
compensation for classifications assigned to the clerical unit represented
by the Anaheim Municipal Employees Association. (Code Enforcement
Office Coordinator.)
Determine, on the basis of the evidence submitted by Robert H. Shelton,
representing the Pointe* Anaheim Project, that the developer has
complied in good faith with the terms and conditions of Development
Agreement No. 99-01 for the 1999-2000 review period and approve
assignment of Development Agreement No. 99-01 to Excel Pointe
Anaheim, LLC.
City Manager Jim Ruth recommended a continuance.
A20. Approve minutes of the Anaheim City Council meeting held October 24,
2000.
END OF CONSENT CALENDAR
OFF CONSENT CALENDAR ITEMS
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A21.
APPOINTMENT TO THE ORANGE COUNTY WATER DISTRICT:
Nominate and appoint a Division 9 Director to the Orange County Water
District to represent the City of Anaheim for a four-year term, to expire
December 3, 2004.
Council Member TaR moved to continue Item A21 for one week, seconded by
Council Member Kring. Motion carried unanimously.
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A22.
Approve appointment of Marcie L. Edwards to the position of Public
Utilities General Manager and approve benefits. (Continued from the
meeting of November 7, 2000, Item A23.)
Council Member McCracken moved to appoint Marcie L. Edwards to the position
of Public Utilities General Manager and approve benefits, seconded by Council
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Member Kring. Roll call vote: Ayes - 3; Council Members McCracken, Kring
and Feldhaus. Noes - 2; Mayor Daly and Council Member Tait. Motion carried.
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A23. 5:00 P.M. PUBLIC HEARING:
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF):
Approve the Police Department's Expenditure Plan for the FY 2000/01
SLESF award from the State budget.
Mayor Daly opened the public hearing and hearing no testimony, closed the
public hearing.
Mayor Daly moved to approve the Police Department's Expenditure Plan for FY
2000/01 SLESF award from the State budget, seconded by Council Member
Kring. Motion carried unanimously.
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A24.
5:00 P.M. PUBLIC HEARING:
To consider the adoption of a resolution finding and determining the
public interest and necessity require condemnation of certain real
property located at 1755 and 1763 South Anaheim Boulevard (Steiner
Corporation - RAN 5180-39 A & B) in connection with the Katella Avenue
Smart Street Project and the Anaheim Resort Area Improvement and
Beautification Program, and authorize legal counsel for the City to
proceed with said condemnation action.
Mayor Daly opened the public hearing and hearing no testimony, closed the
public hearing. Mayor Daly offered Resolution No. 2000R-242 for adoption.
RESOLUTION NO. 2000R-242 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM determining the public interest
and necessity for acquisition of portions of property located at 1755 and
1763 South Anaheim Boulevard for the purposes of conducting roadway
improvement (RAN 5180-39 A & B).
Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Tait, Kring,
Feldhaus. Noes-0. Motion carried.
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A25.
5:00 P.M. PUBLIC HEARING:
To consider the adoption of a resolution finding and determining the
public interest and necessity require condemnation of certain real
property located at 101 East Katella Avenue (Flakey Jakes - RAN 5180-
40) in connection with the Katella Avenue Smart Street Project and the
Anaheim Resort Area Improvement and Beautification Program, and
authorize legal counsel for the City to proceed with said condemnation
action.
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Mayor Daly opened the public hearing and hearing no testimony, closed the
public hearing. Mayor Daly offered Resolution No. 2000R-243 for adoption.
RESOLUTION NO. 2000R-243 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM determining the public interest
and necessity for acquisition of portions of property located at 101 East
Katella Avenue for the purposes of conducting roadway improvement
(RNV 5180-40).
Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Tait, Kring,
Feldhaus. Noes-0. Motion carried.
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A26.
5:00 P.M. PUBLIC HEARING:
To consider the adoption of a resolution finding and determining the
public interest and necessity require condemnation of certain real
property located at 2019 South Ninth Street (Cruz Vargas and Madeline
Vargas - RAN 5412) in connection with Ninth Street Street Widening
Improvement (Westside) Project, and authorize legal counsel for the City
to proceed with said condemnation action.
Mayor Daly opened the public hearing and hearing no testimony, closed the
public hearing. Mayor Daly offered Resolution No. 2000R-244 for adoption.
RESOLUTION NO. 2000R-244 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM determining the public interest
and necessity for acquisition of portions of property located at 2019 South
Ninth Street for the purposes of conducting roadway improvement (RAN
5412).
Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Tait, Kring,
Feldhaus. Noes-0. Motion carried.
Items BI throu_clh B4 From Planning Commission Meetin_el of October 23,
2000: (No action necessary unless Council desires to set a particular item for
public hearing.) APPEAL PERIOD ENDS NOVEMBER 14, 2000:
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Bl.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04263
AND NEGATIVE DECLARATION:
OWNER: Living Stream, Attn: John Pester, 2431 West La Palma
Avenue, Anaheim, CA 92804
LOCATION: 2441 West La Palma Avenue. Property is 27.9 acres
located at the northwest corner of La Palma Avenue and Gilbert Street
(Living Stream Ministry).
To permit a teleconferencing center and private conference/training
center with waiver of minimum number of parking spaces.
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B2.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04263 GRANTED for three years to expire October 23,
2003 (PC2000-118) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 830
(CUP TRACKING NO. 2000-04197)
AND NEGATIVE DECLARATION:
OWNER: Yie Sang Yoo, 1845 West La Palma Avenue, Anaheim, CA
92801
AGENT: Amy Lee, 3600 Wilshire Boulevard #1905, Los Angeles, CA
90010
LOCATION: 1845 West La Palma Avenue. Property is 0.30 acre located
on the north side of La Palma Avenue, 225 feet west of the centerline of
Onondaga Avenue (Happy Day Preschool).
Proposed amendment to increase enrollment at an existing preschool
with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Requested amendment WITHDRAWN at staffs request (7 yes votes).
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B3.
WAIVER OF CODE REQUIREMENT
RECLASSIFICATION NO. 2000-00038
AND NEGATIVE DECLARATION:
OWNER: City-initiated (Community Development), Attn: Elisa Stipkovich,
201 South Anaheim Boulevard, 10th floor, Anaheim, CA 92805
LOCATION: 2951-2961 West Lincoln Avenue. Property is approximately
25 acres located on the north side of Lincoln Avenue, 320 feet east of the
centerline of Beach Boulevard.
To reclassify subject property from the RM-1,000 and RM-1,200
(Residential, Multiple-Family) Zones to the RS-A-43,000
(Residential/Agricultural) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Commissioner Arnold offered a motion, seconded by Commissioner
Boydstun and MOTION CARRIED, that the Anaheim City Planning
Commission recommend to the City Council that the Council consider the
adoption of an interim moratorium on development of the property located
at 2951 to 2961 West Lincoln Avenue for such time as is necessary to
develop an environmental overlay zone to consider the environmental
conditions of the property; further, that the moratorium be considered as a
non-urgency item on the basis that there are a variety of State procedures
that serve as a backstop against fast development of the property. (7 yes
votes)
Continued Reclassification No. 2000-00038 to the December 18, 2000
Planning Commission meeting in order to allow time for the City Council
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to consider the adoption of an interim moratorium on development of the
property located at 2951 to 2961 West Lincoln Avenue
City Attorney, Jack White, stated that the recommendation from the Planning
Commission was that the Council adopt an interim moratorium on property
located at 2951 to 2961 West Lincoln Avenue. He said if Council wished, staff
would prepare a moratorium ordinance and return it to Council at their next
meeting or at a later date. The Planning Commission was to consider a rezoning
and they did not take an action on that, he explained. The Commission
continued that action to a subsequent meeting in December so the Council did
not need to consider the zoning application. In the interim, the Planning
Commission recommended that the City Council consider adopting a moratorium
which would prohibit development of the property pending the adoption of some
new zoning classification relating to the environmental studies which were
currently underway with regard to what remediation efforts needed to be made
before the property was capable of being developed.
Community Development Director, Elisa Stipkovich, said that the reason the
department supported a moratorium, just as the Planning Commission did, was
that they could create a zoning designation that was appropriate. Community
Development wanted to indicate that there were further analysis and approvals
that had to be done in order to develop the site, she said.
City Attorney White stated that there would not be a problem if the matter
was continued. He said there were two parts that staff was looking at right now.
He noted staff would still continue to see what options were available as far as
what types of ordinances or controls could be put into place to assure that the
property was developed with all the environmental remediations.
Phillip Schwartze stated that there had been over $1 million in environmental
studies done on this property and each of them had been provided to staff. He
said that staff has had some additional environmental engineering work done.
Various agencies would have to approve any development, even if it was a park
on the property, he said.
Sean Void, representative of the entity who currently had the property in contract,
explained that the property was entitled for a residential development. He said
that they did not intend to process any application on a fast track and they
understood that there were limitations that had come with the property. They
were asking for Council to not honor a request for a moratorium because it would
be far more difficult to close title on a piece of property and assume ownership of
it if there was a moratorium on it. He explained that the developers were looking
to have 30 days before Council would decide if they wanted to prepare a
moratorium on that property, adding that nothing could be done on the property
anyway until the remediation became effective and it would have to be given a
clean bill of health, he said. He also added that the property had a natural
moratorium on it that would prevent any development.
179
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 14
Community Development Director, Elisa Stipkovich, stated that the Planning
Commission was not reviewing the proposal which had been submitted by the
applicant just to the staff level in terms of a residential project. The Planning
Commission was reviewing Community Development's request to rezone it to a
holding zone so that it was clear that there were issues that needed to be
resolved, she said.
City Manager, Jim Ruth, said that staff would like to move forward as quickly as
possible but there would be no downside if they waited 30 days.
Mayor Daly moved to continue Item B3 for 30 days as requested by the owner,
seconded by Council Member Feldhaus. Motion carried unanimously to continue
to December 12, 2000.
REPORT AND RECOMMENDATION ITEM:
B4.
CONDITIONAL USE PERMIT NO. 2715 (CUP TRACKING NO. 2000-
04276) - REQUEST FOR DETERMINATON OF SUBSTANTIAL
CONFORMANCE - CATEGORICALLY EXEMPT-CLASS 1:
John Chan, JTC Architects, Inc., 109 North Ivy Avenue, Suite C,
Monrovia, CA 91016, request for a determination of substantial
conformance to permit the modifications to previously-approved plans for
an existing Pacific Bell Telephone Switching Station. Property is located
at 7295 East Columbus Drive (Pacific Bell Switching Station).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that the proposed floor plan design modifications are in
substantial conformance with previously approved plans with the
stipulation that a row of minimum 15-gallon size shrubs be planted and
maintained on maximum fire foot centers, at the base of the 6-foot high
screen fence.
END OF THE PLANNING COMMISSION ITEMS FROM OCTOBER 23,
2000.
179
Items B5 through B6 From Zonin_~ Administrator Meetin_Q of November 2,
2000: .(No action necessary unless Council desires to set a particular item for
public hearing.) APPEAL PERIOD ENDS NOVEMBER 24, 2000:
BS.
VARIANCE NO. 2000-04412
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: GELB Enterprises, P.O. Box 8370, Van Nuys, CA 91409
AGENT: Mohamed Elshami, 11495 Riverside Drive, # 301, Studio City,
CA 91602
LOCATION: 2424 West Ball Road, Units G & H: Property is 3.1 acres
located at the southwest corner of Ball Road and Gilbert Street, having a
frontage of 620 feet on the south side of Ball Road and a frontage 130
feet on the west side of Gilbert Street.
179
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 15
Waiver of minimum number of parking spaces (220 spaces required; 182
spaces proposed) to establish a seafood delicatessen and restaurant in
conjunction with a commercial retail center in the CL (Commercial,
Limited) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2000-04412 APPROVED with added conditions (ZA
DECISION NO. 2000-41)
B6.
VARIANCE NO. 2000-04415
CATEGORICALLY EXEMPT - CLASS '1:
OWNER: L. Michael & Susan Pope, 843 N. Yvonne Place, Anaheim, CA
92801
AGENT: Paul T. Kott, 1225 W. Lincoln Ave., Anaheim, CA 92805
LOCATION: 843 North Yvonne Place: Property is 0. 19 acre located at
the southwest corner of Yvonne Place (west) and Yvonne Place (north)
having a frontage of 85 feet on the south side of Yvonne Place (west) and
a frontage of 72 feet on the west side of Yvonne Place (north).
Waiver of minimum rear yard setback (25 feet required; 5 feet proposed)
to construct a 513 square foot room addition between the house and
garage and within the required rear yard setback for a single-family
residence in the RS-10,000 (Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2000-04415 APPROVED with added conditions (ZA
DECISION NO. 2000-42).
END OF THE ZONING ADMINISTRATOR ITEMS.
179
Items B7 throu_clh B'I4 From Plannin_~ Commission Meetin~ of November 6,
2000: .(No action necessary unless Council desires to set a particular item for
public hearing.) APPEAL PERIOD ENDS NOVEMBER 28, 2000:
B7.
CONDITIONAL USE PERMIT NO. 2000-04233
AND NEGATIVE DECLARATION:
OWNER: Sanderson J. Ray Development, 2699 White Road, Irvine, CA
92614
AGENT: Compass Telecom, Attn: Adan Madrid, 17870 Skypark Circle,
Suite 102, Irvine, CA 92614
LOCATION: 3364 East La Palma Avenue. Property is 2.79 acres located
on the north side of Riverside (91) Freeway, and is accessed via a 652-
foot long, 32-foot wide ingress/egress easement on the south side of La
Palma Avenue, 1,240 feet east of the centerline of Shepard Street
(Concourse Bowling Alley).
To retain an existing legal nonconforming freestanding telecommunication
monopole and to construct and co-locate an additional telecommunication
antenna facility on the existing legal non-conforming telecommunication
monopole with accessory roof-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 16
CUP NO. 2000-04233 GRANTED for five years to expire November 6,
2005 (PC2000-120) (7 yes votes).
Approved Negative Declaration.
179
B8.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04265
AND NEGATIVE DECLARATION:
OWNER: William and Patsy Keough; Eugene and Marie Pardella; et al.,
Attn: Allen Wattenberg, 15234 Matisse Circle, La Mirada, CA 90638
AGENT: Mercy Charities Housing California, Attn: Dara Kovel, 500 South
Main Street, #110, Orange, CA 92868
LOCATION: 2240 West Lincoln Avenue. Property is 1.92 acres located
on the south side of Lincoln Avenue, 515 feet west of the centerline of
Brookhurst Street.
To construct an affordable (including density bonus) 3-story, 81-unit
senior citizen's apartment complex with waivers of (a) minimum number
of parking spaces (APPROVED) and (b) maximum structural height
(DENIED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04265 GRANTED IN PART approving waiver (a) and
denying waiver (b) (PC2000-121 ) (6 yes votes, Commissioner Boydstun
voted no).
Waiver of code requirement APPROVED IN PART.
Approved Negative Declaration.
179
B9.
CEQA NEGATIVE DECLARATION
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-0427'1:
OWNER: Hee Sook Yoo, 1845 West La Palma Avenue, Anaheim, CA
92801
LOCATION: 1839-1845 West La Palma Avenue. Property is 0.44 acre
located on the north side of La Palma Avenue, 175 feet west of the
centerline of Onondaga Avenue. (Happy Day Preschool).
To permit an expansion and increase in enrollment for an existing
preschool facility with waiver of (a) institutional uses adjacent to a
residential zone (APPROVED), (b) permitted encroachments into required
yards (APPROVED) and (c) minimum number of parking spaces
(DENIED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04271 GRANTED IN PART approving waivers (a) and (b)
and denying waiver (c) (PC2000-122) (7 yes votes).
Waiver of code requirement APPROVED IN PART.
Approved Negative Declaration.
179
B10. CONDITIONAL USE PERMIT NO. 2000-042'17
(CUP TRACKING NO. 2000-04274)
1'I' 'r
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 17
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO.
2000-00003
DETERMINATION OF SUBTANTIAL CONFORMANCE
AND NEGATIVE DECLARATION:
OWNER: Michael and Lucy Kurkjian, 2331 East Katella Avenue,
Anaheim, CA 92806
AGENT: Western States Engineering, 1150 North Richfield Road,
Anaheim, CA 92807
LOCATION: 3085 East La Palma Avenue. Property is 0.52 acre
located at the northwest corner of La Palma Avenue and Kraemer
Boulevard.
Conditional Use Permit No. 2000-04217 - To permit the sale of beer and
wine for off-premises consumption in conjunction with a previously-
approved gasoline service station with accessory convenience market.
Determination of Public Convenience or Necessity No. 2000-00003 - To
determine public convenience or necessity to allow the retail sales of beer
and wine for off-premises consumption in conjunction with a previously-
approved convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
DENIED amendment pertaining to beer and wine for CUP NO. 2000-
04217 (CUP TRACKING NO. 2000-04274) (PC2000-123) (7 yes votes).
DENIED Determination of Public Convenience or Necessity No. 2000-
00003 (PC2000-124)
Negative Declaration previously approved.
179
Bll.
CONDITIONAL USE PERMIT NO. 2000-04242
(CUP TRACKING NO. 2000-04279)
CEQA EXEMPTION 1506'1 (b)(3):
OWNER: Lakeview Investment Company LTD, Attn: Grace Imamura,
1667 East Lincoln Avenue, Anaheim, CA 92865
AGENT: Marco Mariselli, 416 North Lakeview Avenue, Anaheim, CA
92807
LOCATION: 404-452 North Lakeview Avenue. Property is 3.1 acres
located north and east of the northeast corner of Lakeview Avenue and
Mc Kinnon Drive.
To request modification or deletion of a condition of approval pertaining to
the termination of an entitlement for a restaurant with sales of beer and
wine for on-premises consumption in conjunction with a previously-
approved request to establish conformity with existing Zoning Code land
use requirements for an existing nonconforming commercial retail center
and liquor store, and to permit a massage facility in the same center.
ACTION TAKEN BY THE PLANNING COMMISSION:
The request to modify or delete the condition of approval was withdrawn.
179
B'12.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04277
CEQA NEGATIVE DECLARATION:
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 18
OWNER: Gock Woey Jung, 433 South Vicki Lane, Anaheim, CA 92804
AGENT: Jimmy Tong Nguyen, P.O. Box 15741, Newport Beach, CA
92654
LOCATION: 420-504 South Brookhurst Street. Property is 1.3 acres
located at the east side of Brookhurst Street, 492 feet north of the
centerline of Orange Avenue (Seafood Palace Restaurant).
To permit a banquet hall with service of but not sales of alcoholic
beverages for on-premises consumption with waiver of required lot
consolidation.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04277 GRANTED IN PART for one year to expire
November 6, 2001 (PC2000-125) (7 yes votes).
Denied waiver of code requirement.
Approved Negative Declaration.
179
B13.
CONDITIONAL USE PERMIT NO. 2000-04278
CEQA CATEGORICAL EXEMPTION-CLASS 1:
OWNER: Pacific Newport Properties, Inc., 17842 Mitchell North #100,
Irvine, CA 92614
AGENT: Industrial Property Management, Attn: Sam Greek, P.O. Box
15005, Santa Ana, CA 92735
LOCATION: 2380 East Oran.qethorDe Avenue. Property is 4.1 acres
located at the southwest corner of Orangethorpe Avenue and Placentia
Avenue.
To retain the installation and repair of stereos, alarms and window tinting
currently operating without a permit in an existing industrial complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04278 GRANTED (PC2000-126) (7 yes votes).
179
B14.
RECLASSIFICATION NO. 2000-00023 (RCL TRACKING NO. 2000-
00042),
GENERAL PLAN AMENDMENT NO. 2000-00376 (GPA TRACKING NO.
2000-00385) AND CODE AMENDMENT NO. 2000-00002 (ZCA
TRACKING NO. 2000-00004) - INFORMATIONAL ITEM: City of
Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, 10th
floor, Anaheim, CA 92805. The proposed 430-acre South Anaheim
Boulevard Corridor (SABC) Overlay Zone is located within the
southcentral portion of the City, along the east and west sides of South
Anaheim Boulevard between Broadway to the north and the Santa Ana (I-
5) Freeway to the south. The SABC Overlay Zone area includes
properties fronting both Anaheim Boulevard and abutting neighborhoods.
Major portions of the proposed SABC Overlay Zone area lie within the
southern portion of Anaheim's Commercial/Industrial Redevelopment
Project Area.
ACTION TAKEN BY THE PLANNING COMMISSION:
No action taken. (See public hearing item C1 on this agenda.)
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 19
END OF THE PLANNING COMMISSION ITEMS.
179
B15.
REQUEST FOR REHEARING -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).
Informational item at the City Council meeting of July 11, 2000, Item B2.
Letter of appeal submitted by the Agent, Gloria Haney.
Public hearing continued from the meeting of August 29, 2000, Item C3.
At the public hearing held September 26, 2000, the Anaheim City Council
denied Variance No. 2000-04397 (Resolution No. 2000R-208). Request
for Rehearing submitted by the Owner, John Haney. Consideration of the
Request for Rehearing continued from the meeting of November 7, 2000,
as requested by the agent.
Mayor Daly moved to deny the request to rehear Variance No. 2000-04397, seconded
by Council Member McCracken. Motion carried unanimously.
6:00 P.M. PUBLIC HEARINGS:
179
Cl.
CONTINUED PUBLIC HEARING
- GENERAL PLAN AMENDMENT NO. 2000-00376
(GPA TRACKING NO. 2000-00383)
CODE AMENDMENT NO. 2000-00002
AMENDMENT TO TITLE 18 "ZONING"
(ZCA TRACKING NO. 2000-00003)
RECLASSIFICATION NO. 2000-00023
(RCL TRACKING NO. 2000-00033)
AND MITIGATED NEGATIVE DECLARATION
REQUEST FOR CITY COUNCIL REVIEW:
REQUESTED BY: City of Anaheim (Redevelopment Agency), Attn: Rob
Zur Schmiede, 201 South Anaheim Boulevard, 10th floor, Anaheim, CA
92805
LOCATION: Subject area consists of approximately 430 acres located
along, and surrounding, Anaheim Boulevard between Broadway to the
north and the Santa Ana 0-5) Freeway to the south.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 20
To consider modifications initiated by staff subsequent to the Planning
Commission's prior actions related to the following items:
General Plan Amendment No. 2000-00376 - A proposed amendment to
the Land Use Element of the General Plan to: a) redesignate properties
from the General Industrial, General Commercial, Medium Density
Residential and Low Density Residential designations to the Low-Medium
Density Residential designation; b) redesignate properties from the
General Industrial, Business Office/Mixed Use/Industrial, Commercial
Professional, Medium Density Residential and Low-Medium Density
Residential designations to the General Commercial designation; c)
redesignate properties from the General Commercial, Medium Density
Residential, and Low Density Residential designations to the Commercial
Professional designation; and, d) redesignate properties from the General
Commercial and Medium Density Residential designations to the Special
Park Site designation.
Code Amendment No. 2000-00002 - To amend Title 18 by establishing
the South Anaheim Boulevard Corridor (SABC) Overlay Zone which
would serve to: a) permit new land uses in the Overlay Zone area in
addition to those allowed under existing zoning; b) establish a design
review process for future development projects within the Overlay Zone
area; c) adopt, by reference, a Master Plan for public and private
landscaped areas; d) restrict establishment of additional locations for off-
premises sales of alcoholic beverages, and; e) adopt a sign amortization
program which would require the removal of freestanding signs not in
conformance with the sign regulations contained within the Anaheim
Municipal Code after a 15-year amortization period.
Reclassification No. 2000-00023 - To reclassify subject area by
combining the South Anaheim Boulevard Corridor (SABC) Overlay Zone
with each parcers existing underlying zoning designation while removing
certain properties located south of the Southern California Edison
Easement from the Resolution of intent to Sports Entertainment (SE)
Overlay Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Exhibit "A" to City Council (PC2000-60) (5 yes
votes, Commissioners Bostwick and Boydstun abstained).
Recommended adoption of Exhibit "B" to City Council for GPA NO. 2000-
00376 (GPA TRACKING NO. 2000-00383) (PC2000-99) (5 yes votes,
Commissioners Bostwick and Boydstun absent).
Recommended adoption to City Council of Code Amendment No. 2000-
00002 (ZCA TRACKING NO. 2000-00003).
Granted Reclassification No. 2000-00023 (RCL TRACKING NO. 2000-
00033) (PC2000-61) and (PC2000-100).
Approved Mitigated Negative Declaration.
Set for public hearing June 20, 2000, due to GPA No. 2000-00376.
Approved request for City Council review.
Public hearing continued from the meetings of June 20, 2000, Item C2,
August 8, 2000, Item C3, August 29, 2000, Item C2, September 19, 2000,
Item C1, October 10, 2000, Item C1 and October 17, 2000, Item C3.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 21
Council Member Feldhaus asked if public dance halls were precluded from the
proposed zone and Executive Director Stipkovich responded that a dance hall by
itself would be a negative influence on Anaheim Boulevard but a studio that
teaches dance would be acceptable.
Zoning Division Manager Greg Hastings said that the public dance halls were
permitted in most commercial zones by Conditional Use Permit and that would
entail a facility where there would be an admission to go in and dance in an
assembly. He said that there were other types of dancing allowed in restaurants
but this would not be allowed in this area because of the secondary effects of
having that type of use.
In response to Council Member Kring, Zoning Division Manager Hastings said
that there was a restaurant that had an accessory use like dancing or
entertainment that would still be permitted but the primary use was a night club or
a dance hall with no food being served. There was a code definition of a
restaurant and it would define the level of food that could be served, he noted.
Execute Director of Community Development Stipkovich said that the House of
Blues or Crazy Horse would be acceptable but a bar would have negative
influences on Anaheim Boulevard. If it was with a food service, it would be
acceptable she said. She asked if it would be best if the City allow dance hall
and nightclub uses with Conditional Use Permit by taking them off the list of
prohibited uses and listing them as a Conditional Use. Council Members
Feldhaus and Kring concurred.
Council Member Tait asked if a property owner would still be able to have the
current land use or use the property in the same way and Ms. Stipkovich stated
that since this would be an overlay zone, they would still have the current use.
They if they opt to take the other alternative that the overlay offered, they would
be subject to the conditions of the overlay zone, particularly in the Commercial
Zone, she explained.
Assistant City Attorney Selma Mann clarified that there were two layers on the
overlay and with regard to the prohibited uses, those would be things that the
property owner would need to buy into. A rezoning ordinance would become
applicable upon adoption. The limitation on the off-sale site of alcohol use,
except in conjunction with a grocery store of a certain size, or in a hotel, some of
the sign limitations would go into place immediately. There would be some
things that would take effect immediately. There was also an amoritization and
attrition schedule, she added.
Community Development Director Stipkovich said that in terms of land use, they
felt that they were giving people an option to take a different zone under the
overlay.
Ms. Mann stated that there would be a number of things that would take effect
upon adoption of the ordinance. She said that there maybe some properties that
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 22
were zoned commercial that could have off-premise sale of alcohol with the
approval of a conditional use permit. She stated that the overlay ordinance
indicated that off-premise sale of alcohol, except as an accessory use to hotels,
or in grocery stores over 30,000 square feet, would be prohibited. The new
ordinance required conformance with the master plan of landscaping she said
and the signage must comply with the provisions of the overlay, which included
the fifteen-year amoritization program. Ms. Mann added that there was a certain
piece of property that was presently in the Stadium, Sports Entertainment
Overlay that was being moved over to the South Anaheim Boulevard Overlay if
this was approved. She said that property would now be subject to the
requirements of the South Anaheim Boulevard Overlay and would no longer have
to comply with the requirements of the Sports Entertainment Overlay. She added
that to a certain extent, it might actually be less restrictive for that piece of
property. In order not to have a situation where there was a legal, non-
conforming use, which in itself could continue, and since it was not prohibited,
the City had exempted the properties in the overlay zone from that provision that
required that it be brought into conformance.
In response to Council Member Kring, Community Development Director
Stipkovich stated that the Landscaping Plan was about 70% in place and if a
development occurred, it would have to be consistent with the landscaping.
Mayor Daly asked if there would be additional items submitted to Council if the
item were to be approved and she responded that there would be. Mayor Daly
also asked for information on the Kwikset property and Ms. Stipkovich stated that
they were currently studying North Anaheim Boulevard and the industrial area
around the Kwikset property. Mayor Daly mentioned the possibility of allowing
the Kwikset site to become residential and said he had personally encouraged
the Kwikset property owner to consider residential.
Council Member Tait moved for a three-week continuance, seconded by Council
Member Kring. Motion carried unanimously to continue to December 5, 2000.
179
C2.
CONTINUED PUBLIC HEARING -VARIANCE NO. 4389
(VAR TRACKING NO. 2000-04408) AND NEGATIVE DECLARATION:
OWNER: Joon Kim, Goldstone Holdings, LLC, 32685 Caspian Sea
Drive, Dana Point, CA 92629.
AGENT: Steve Sheldon, Sheldon & Associates, 695 Town Center Drive,
Suite 410, Costa Mesa, CA 92626.
LOCATION: 511 North Brookhurst Street. Property is 3.29 acres located
at the southwest corner of Crescent Avenue and Brookhurst Street.
To amend or delete a condition of approval pertaining to a time limitation
(approved for three months to expire on July 21, 2000) for waiver of
minimum number of parking spaces to permit a private business/trade
school within an existing three-story office building.
ACTION TAKEN BY PLANNING COMMISSION:
Variance No. 4389 denied (PC2000-109) (6 yes votes, Commissioner
Bostwick absent).
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 23
Negative Declaration approved.
Informational item at the meeting of September 26, 2000, Item B2. Letter
of appeal submitted by property owner.
Public hearing continued from the meeting of October 17, 2000, Item C6.
Zoning Division Manager Greg Hastings gave a brief presentation to Council.
Mayor Daly asked if the Planning Commission decision was completely
consistent with the recommendation and Zoning Division Manager Hastings
responded that there had been a change in the plan that was submitted that the
Planning Commission did not see. Mr. Hastings stated that they would agree
with the new plan if the applicant would agree to run the facility the way it was
presented. He said that the conditions in the report to the City Manager/City
Council dated November 6, 2000, contained the conditions that staff would
propose. Mayor Daly asked if those were five replacement conditions and Mr.
Hastings said that was correct and the applicant had been made aware of the
conditions that were recommended.
Mayor Daly opened the public hearing.
Steve Sheldon, agent, 695 Towne Center Drive, Suite 410, Costa Mesa, said he
was present to represent the applicant and announced that Dennis Biladoe,
Traffic Engineer and also a registered Civil Engineer for Sheldon & Associates,
was present. Mr. Sheldon said that he believed that the additional 30 parking
spaces would suffice.
Mayor Daly asked Mr. Sheldon if he was in agreement with the staff
recommendation of November 6, 2000, including the conditions and Mr. Sheldon
responded that he was in agreement.
Judith Ann Guillette, was present on behalf of the West Anaheim Neighborhood
Development and the Land Use and Business Development Committee and she
stated that Mr. Sheldon had agreed to develop the entire lot into a parking lot.
She said that the West Anaheim Neighborhood Development had canvassed the
opinion of the Bryman students, security guard, the teller of the Teachers Credit
Union and the community and she stated that it was agreed that at certain times
of the day, there was inadequate parking. There was a sign posted in the
parking lot that WMA, marketing alliance seminars that the building holds, could
only park in certain areas at certain times. She added that there were 265
required parking spaces and for that reason, 209 spaces should not be
acceptable. Ms. Guillette added that there was also a golf college and a dialysis
medical building there, the Marketing Alliance was on the second floor and the
college had the third floor. Ms. Guillette asked what the developer's plans would
be for that center in the future and that he submit a pre-file package for the entire
lot, not just a portion of it.
Robert Lynne, 507 Meadowbrook, said that the building east of Bryman had been
vacant and the overflow parking had went over there and he asked what
restrictions were at that particular school because there were not a lot of parking
CITY OF ANAHEIM
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
PAGE 24
spaces. He said he supported the operation of a school in that facility, but he
hoped that the parking could be worked out.
Mayor Daly closed the public hearing.
Planning Director Joel Fick stated that they were unaware of any specific plans
that the applicant might have for the balance of the property. Mr. Fick said that
with a variance request on the site and the amount of parking that was required
for the school per code, another building could not be constructed without
affecting the parking variance and would require revisiting by the City Council. If
the school use was terminated on the site and there was not a parking variance
associated with the school, a second building could be constructed and meet all
site development standards including all parking for different types of office uses
he said.
Mayor Daly said that any proposed additional building on the site would be
subject to a total parking analysis and any other code requirements and Planning
Director Fick affirmed.
The property between this building and the Dad Miller Golf Course was County
surplus land and Mayor Daly asked if it had been offered to the City and Planning
Director Fick responded that he was not sure if that had happened. Mayor Daly
requested that Planning Director Fick report back to the Council if the land had
been offered to the City.
Council Member McCracken said the City was looking at a waiver of 56 parking
spaces and the code said that there should be 265 with the school use. She felt
the waiver did not take into consideration the permitted uses on this particular
site and then the City ended up with over parking and they were already having
problems, she said. Council Member McCracken said she had been over to the
building on several occasions and finding a parking place was not easy. She
believed that this would really impact the community.
Traffic and Transportation Manager John Lower, said that a professional traffic
parking study was completed which identified a large supply over the demand in
parking spaces. He said that City staff did a few random field checks, which
were based upon existing uses, and it did not forecast a higher parking rate use
coming in.
Council Member McCracken stated that with a change in students who don't ride
the bus and bring their own cars, there would not be a place to park. If the
school changes enrollment there could be a parking problem.
Planning Director Fick stated that Bryman school had an enrollment of 120
students for at least one of the sessions and that went beyond the enrollment
that was authorized by the Council. The revised proposal was not seen by the
Planning Commission but was on the table for Council consideration, which
would add 30 additional parking spaces beyond spaces that presently exist.
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NOVEMBER 14, 2000
PAGE 25
In response to Council Member Kring, Traffic and Transportation Manager John
Lower said that Council would have to consider a parking waiver for another
business coming in.
Council Member Feldhaus said that maybe a condition should be added to have
periodic monitoring of the parking lots and if more than the initial 30 parking
spaces are required, they would have to construct another 20 to 30 parking
spaces on the vacant property behind them.
Planning Director Fick said that there could be periodic reviews entered into the
conditions if the Council desired.
Council Member Feldhaus moved to have periodic reviews entered into the
conditions. Seconded by Council Member Kring.
Council Member Kring moved to approved the CEQA Environmental Finding of
Negative Declaration, seconded by Council Member Tait. Motion carried
unanimously.
Council Member Kring moved to approved Variance No. 4389 (Variance Tracking
No. 2000-04408) with conditions as set for by the Planning staff and with the
added condition that if periodic checks indicate that more parking was needed,
the applicant would be required to provide it or reduce the number of students.
Traffic and Transportation Manager Lower suggested that there be a quarterly
review of the parking at the location.
Planning Director Fick stated that it cost the City to do those inspections and
traditionally when the City did them, the property owner paid them for.
Traffic and Transportation Manager Lower said that the new classes at Bryman
staff quarterly and he suggested that when new enrollment came in, it should be
checked.
Council Member Feldhaus suggested that the City should make sure that
Bryman was not exceeding their 120 parking spaces and if the parking spaces
were so restricted with the 120 that they were currently operating with, then they
would be required to provide additional parking spots behind them.
Planning Director Fick suggested that there be a time limit for parking checks
such as having them within three to four months subject to the findings of the
Traffic and Transportation Manager, those numbers of additional spaces, if any,
should be constructed and added to the existing parking supply on site.
Traffic and Transportation Manager Lower said that they would send interns out
randomly, typically three to five times checking for an hour. This would cost
approximately $200 for one report.
The applicant said that they would be pleased to accept the conditions.
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PAGE 26
Council Member Kring clarified that the schedule of inspections would take place
every three to four months, at six months and then yearly.
RESOLUTION NO. 2000R-245 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM AMENDING AND RESTATING THE CONDITIONS
OF APPROVAL OF VARIANCE NO. 4389.
Roll call vote: Ayes: 4 - Council Member Tait, Council Member Feldhaus,
Council Member Kring and Mayor Daly. Noes - 1; Council Member McCracken.
Motion carried.
179
C3.
CONTINUED PUBLIC HEARING
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04253
AND NEGATIVE DECLARATION:
OWNER: Corporation of the Presiding Bishop of the Church of Jesus
Christ of the Latter Day Saints, 50 East North Temple Street, Salt Lake
City, Utah 84150
AGENT: Shirl Cornwall or Kent Cornwall, 234 North El Molino Avenue,
Pasadena, CA 91101
LOCATION: 1518 West Westmont Drive. Property is 0.29 acre located
on the south side of Westmont Drive, 355 feet east of the centerline of
Loara Street.
To permit and construct a parking lot for an existing church with waiver of
(a) institutional uses adjacent to residential zones and (b) minimum
parking lot landscaping.
ACTION TAKEN BY PLANNING COMMISSION:
Waiver of Code Requirement denied (7 yes votes).
CUP NO. 2000-04253 denied (PC2000-111 ) (5 yes votes:
Commissioners Arnold, Bristol, Koos, Napoles, and Vanderbilt; Noes:
Commissioners Bostwick and Boydstun).
Negative Declaration approved (4 yes votes: Commissioners Arnold,
Bristol, Bostwick, and Boydstun; Commissioners Koos, Napoles, and
Vanderbilt voted no). Appealed by agent, J. Shirl Cornwall.
Public hearing continued from the meeting of November 7, 2000, Item C2.
Mayor Daly noted that there was correspondence received from Andrea Mannes.
Zoning Division Manager Greg Hastings gave a brief presentation to Council. He
stated that on November 9, 2000, Planning, Traffic and Police staff met with the
applicant, his architect and four neighbors to discuss the conditions of approval.
At that meeting, an agreement was reached on all conditions listed in the
November 13, 2000 memo to City Council, except one, the condition that
pertains to the gating of the two existing driveways, one on Loara Street and one
on Westmont. He explained that the Church preferred to keep the gate on Loara
closed at all times and keep the gate on Westmont open at all times. This would
allow for 24-hour access to the parking lot, but only from Westmont. The Church
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PAGE 27
was concerned about criminal activity coming from the Anaheim Plaza area as a
reason to keep the Loara gate closed. He said they felt that the opening and
closing of the gate on Westmont would be inconvenient and unsafe for the
responsible person.
The neighbors requested that both gates remain open during church activities to
evenly divide the traffic and to not burden the residential neighborhood. The
neighbors also requested that both gates be closed when on-site activities were
not occurring and to not allow unsupervised use of the parking lot. The Police
representative at the meeting also recommended the closure of both gates when
the Church was not in operation. The applicant and the neighbor to the east
agreed to further modify two of the conditions contained in the memo, conditions
five and fifteen, that a landscape and irrigation plan for the subject property
showing non-deciduous trees adjacent to the east and south property lines shall
be submitted to the Zoning division for review and approval. He said that any
decision made by the Zoning division regarding the plan might be appealed to
the Planning Commission. In condition fifteen, he said that the property at 1508
West Westmont shall only be used for purposes of parking for the Church and
then adding in that an occasional use by Westmont Elementary School shall only
occur between the hours of 8:00 A.M. through 10:00 P.M. It would be the
responsibility of the property owners to ensure compliance with the condition.
Mayor Daly asked if the property owner to the south, the Mannes property, had
been present for the meetings with the neighbors and Church and Zoning
Division Manager Hastings said that she had not been in contact with them.
Mayor Daly opened the public hearing.
Douglas Hampton, representative for the Church of Jesus Christ of Latter Day
Saints said that they had met with the neighbors and had discussed issues and
tried to mitigate some of their concerns regarding landscaping and other issues
to insure privacy. There was a concurrence that the gate on Loara was to remain
closed and the only issue left was to determine whether or not Westmont should
be closed after hours. He explained that the reason for the closure for the Loara
Street gate was that the apartments next door used their parking lot and the
Church had a crime problem because of the Wal-Mart across the street at the
Anaheim Plaza so the Church installed a fence and a gate after it was
recommended by the Anaheim Police Department. The Church had not had any
problems in the parking lot since. Mr. Hampton said that the Church was
concerned that if the gates would be open, the parents of the kids at Westmont
School would use it as a pick up and drop off point for kids. The Church did not
want to be a public parking lot and they could maintain that with the closure of
the Loara gate he said. He added that having the Loara gate closed was a public
safety issue for the members of the Church. Mr. Hampton believed that having
someone get out at night and close the gates would put that person in jeopardy
and since they have not had a history of any problems, they requested that the
gate on Westmont remain open.
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Council Member Kring asked about the timing of the services at the Church and
Mr. Hampton responded that they ended at approximately 10:00 P.M.,
occasionally later during special times of the year.
Mr. Hampton said that the new portion of the parking lot would be used only on
Sunday.
Mayor Daly asked Mr. Hampton if he was disputing only one of the conditions of
approval and Mr. Hampton said that there were two issues. One was the Loara
Street entrance and exit and the other was the opening and closing of the gates
on Westmont. Mr. Hampton said that the Church was in agreement with all 23 of
the other conditions as listed on the memorandum dated November 13, 2000.
The conditions in dispute were conditions five and fifteen according to Zoning
Division Manager Hastings. He said that Condition No. Five would be to
eliminate one sentence that says that said plan shall show the written approval of
the property owner to the east to the proposed parking lot. Mr. Hastings said that
Condition No. Fifteen, added in after Loara Street, was an occasional use by
Westmont Elementary School.
Mayor Daly asked the Zoning Division Manager if there were any recommendations on the
conditions of approval in dispute and he responded that there was one condition that staff
recommended which was listed on the very last page of the staff report.
Planning Director Fick summarized that the condition in dispute pertained to the
gates continued to being open during operational hours of the church and
conversely, that the gates be closed when there were not Church or minor
ancillary activities on site. The Planning Department did consult with the Police
Department as a part of the meeting said Mr. Fick and because of the adjacency
to the existing residential, Planning believed that those were valid operational
conditions to have associated with the permit.
Paula Eberhardt, 1500 Westmont Drive, said she was one of the property owners
that would be along side the proposed parking lot and she requested that both
gates be open during their operating hours to keep the traffic flow equally to the
area and she also asked that those gates be closed after. Ms. Eberhardt said
that people do use that parking lot and she had hesitated to contact Police when
there was noise in the parking lot every other night in the summer and every
night on weekends. She asked that they close the gates every night when they
are not there to manage it and she doesn't expect the Police Department to
manage it. Ms. Eberhardt referred to Administrative Adjustment No. 97, which
was the request for the fences.
Planning Director Fick, in concurrence with the Police Department and Ms.
Eberhardt, noted Mr. Hampton's concern about unwanted visitors coming onto
the property during daylight hours would actually argue for the fact to close the
gates during non-Church activity time. Disbursement of the exiting and incoming
vehicles to the two different driveways was a benefit to the existing single-family
residential neighborhood with the expansion of the parking lot because it did at
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PAGE 29
least allow some of the traffic to move away from the encroachment into the
single-family homes.
Council Member Kring asked if there could be a compromise, if the Loara gate
was closed at all times and keep the Westmont gate open during services and
then close it when no one was there. Both gates would be closed when the
Church was non-operational. Ms. Eberhardt said that that would not be bad.
Planning Director Fick consulted with Traffic and Transportation Manager Lower
and he said that staff's feeling was not a traffic volume or congestion issue, staff
was just concerned about the impact to the neighbors. Traffic and Transportation
Manager Lower said that 200 cars before and after a service once a week did not
qualify as a traffic problem. Traffic would move better both for the Church
entering and exiting the parking lot as well as the local streets if they had two
driveways.
Ms. Eberhardt said that she was concerned about opening the Loara gate on
Sunday only, when they are letting their people out.
Patricia Kotter, 3145 Westhaven Drive, Anaheim, shared that she had gone to
that facility a number of times and she had a friend that was injured in an
automobile accident as she crossed Loara Street towards the Church parking lot.
Ms. Kotter was at an event at the Church when someone's car was broken into in
the parking lot before the fences were put up. She said that there were many
churches that have only one driveway.
Irv Pickler said that if anything went wrong on the property, the Church would try
to remedy the situation right away. He also believed that if the Police
Department said to put in the gate, it would be because it would be safer. He
said he would hate to see the Church move out because they don't have the
parking to do what they want.
Mayor Daly suggested that the applicant find a compromise with the adjacent
property owner and he agreed that Council Member Kring's idea was a workable
compromise.
Shirl Cornwall, Architect for the project, referred to the report on conditions of
approval in dispute. In regards to both gates being left open and in order to
distribute the traffic between the two driveways, thereby minimizing the traffic
traveling down Westmont Drive, he said that if someone wanted to go down
Westmont Drive, it would not matter which driveway they would go out of
because they will go down Westmont Drive. He believed that the statement
pertaining to minimize traffic flow on Westmont Drive was not true. If Loara gate
was closed, the traffic out of Westmont would go down Westmont and those that
were going to the other parts of the City would go up to Loara and disperse. Mr.
Cornwall referred to the meeting they had with the homeowners last Thursday.
He said there were three representatives of the Police Department and it was
recommended that both gates be closed after hours. One of the Officers asked
the neighbor why she wanted the gates closed and she said that it was to give
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PAGE 30
her peace of mind and the Officer responded to her that anyone wanting to
vandalize her property would not come into the parking lot especially if there was
only one way out and would not traverse fifteen feet of landscaping, a hedge and
a six foot wall to vandalize her property according to Mr. Cornwall.
Doug Hampton said that if there was a problem with the parking lot and it was
used after hours, they would be the first ones to address it as Mr. Pickler had
stated earlier. He said that if they needed to close the gates, they would do that.
At this point, it was not a problem and to put a stipulation on the parking lot was
unreasonable. He stated that if there were any stipulations regarding the
closures or openings of the gates as they stand now, the Church would not move
forward with the project.
In response to Council Member McCracken, Mr. Hampton said that he told the
neighbor, Mr. Miller, if there were any problems to call Mr. Hampton. The Police
Department has said to give them a call if there were any problems on the
parking lot. Mr. Hampton said that the neighbors should document any problems
and then they would address the closing of the gates and be willing to close the
gates.
Council Member Kring said that the neighbors only seemed to be concerned
about the traffic on Sunday, so when the service was over, someone could open
the Loara gate, let the overflow traffic out and then keep it closed. Mr. Hampton
responded that not everyone left at once and when they had large conferences,
the Church left the gates open and there were people to watch the parking lot.
Ms. Eberhardt stated that they did not leave the gate on Loara open and she had
that documented. She asked them to at least close the gates at night because
she did not want to have to call the Police every time she heard a noise.
Mayor Daly said that Mr. Hampton did offer to revisit the subject of gate closures
if there were documented instances. He asked if the Church could live with a
condition that the subject could be revisited as part of the approval if there would
be documentation or evidence in the future and it would be at the City's option,
this subject could be reopened if there was real evidence.
Mr. Hampton agreed and said that there would be no problem with that.
Mayor Daly suggested that Council approve the request for the expanded
parking lot and that a condition would be added which said that the Planning staff
and Police Department would monitor any reports of problems with the parking
lot and report back to the Council if, in their opinion, the reports were significant
enough.
Mayor Daly moved to approve the CEQA Environmental Finding of Negative
Declaration, seconded by Council Member Kring. Motion carried unanimously.
Mayor Daly moved to approve Conditional Use Permit No. 2000-04253, with the
conditions of November 6, 2000, and that the Planning Department and Police
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PAGE 31
Department would monitor any reports or problems with the parking lot. He
offered Resolution No. 2000R-246 for adoption.
RESOLUTION NO. 2000R-246 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO.2000-04253.
Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Tait, Kring,
Feldhaus. Noes-0. Motion carried.
D. Report on Closed Session Actions:
City Attorney White responded that there were no actions to report.
E. Council Communications:
Council Member McCracken wished everyone a happy Thanksgiving and offered
condolences to the family of Fire Captain Bill Van Horne.
Council Member Kring wished everyone a happy and healthy Thanksgiving.
Council Member Feldhaus also wished everyone a happy Thanksgiving and he
offered condolences to members of the family of Eva Miller. He announced the
Christmas tree lighting on Friday, December 1, 2000, at 5:30 P.M. at Center
Street Promenade.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned
the meeting at 9:34 P.M.
Respectfully submitted:
Sheryll Schroeder, CMC/AAE
City Clerk