2001/02/06
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
FEBRUARY 6, 2001
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members Shirley McCracken. Frank Feldhaus, Tom Tait
and Lucille Kring.
STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder, Community Services Director Chris Jarvi, Parks Superintendent Jack Kudron,
Planning Director Joel Fick.
A copy of the agenda for the meeting of the Anaheim City Council was posted on February 3,
2001, at the north entrance and east entrance to City Hall and on the window outside of the
Council Chambers.
Mayor Daly called the regular meeting to order at 2:45 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION:
There were no additions to the Closed Session agenda:
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closes Session items.
Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken.
Motion carried unanimously. The Council recessed to Closed Session at 2:46 P.M.
1. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager, City Attorney, City Clerk, City Treasurer
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: International Brotherhood of Electrical Workers, Local 47
3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: Anaheim Municipal Employees Association
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code) Name of case: South
Coast Cab Co. v. City of Anaheim, et aI., 4th District Court of Appeal Case No. G026197.
AFTER RECESS:
Mayor Daly called the regular Council meeting of February 6,2001 to order at 5:15 P.M. and
welcomed those in attendance.
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INVOCATION: Pastor Jimmy Gaston, Church of Christ
FLAG SALUTE: Council Member Frank Feldhaus
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PROCLAMATIONS AND DECLARATIONS:
Geneva Derr, widow of Donald Derr, the City's first Parks and Recreation Director,
presented the City, two volumes of memorabilia collected by Mr. Derr. The memorabilia
covered years from the 1940's and 1950's. Nick Alivojvodic and June Newell accepted
on behalf of the Anaheim Museum.
At 5:27 P.M., Mayor Daly recessed the City Council meeting until after the Housing Authority
meeting.
Mayor Daly reconvened the City Council meeting at 5:28 P.M.
ADDITIONSIDELETIONS TO THE AGENDA:
There were no additions or deletions to the agenda.
PUBLIC COMMENTS:
Ray Torres, 5987 E. Avenida La Vida spoke in support of the staff recommendation to design
the Anaheim Hills Golf Course Clubhouse for 350-seat capacity.
David Onkin, Yorba Linda, stated he was a substation electrician for the City and he wished to
protest contract negotiations between the City and IBEW concerning his classification which he
said was left out of an equity adjustment that was given to all high voltage workers. He
explained job requirements and said that the study was flawed.
Leonard Lahtinen, 2731 W. Savoy Place, said he Chaired a Centerline Citizens Advisory
Committee for OCTA which had studied the Centerline project for over two years. He said his
committee recommended that OCTA proceed with the Centerline project. He noted that at the
first public hearing, 8 citizens spoke in favor and 18 spoke against. In the last public hearing 31
people spoke in favor and 13 opposed. He said he felt a no build position would be a mistake
for the City and if Council was not ready to support light rail, that they should wait and see what
happens as a minimum operable system was established. He noted that his Committee
recommended the center MOS, which would be in the central part of Orange County.
George Woods, 910 S. Brookhurst Suite 204, promoted the annual "Read Across America"
program scheduled for March 2, 2001 at local schools.
James Reed, 100 W. Midway Drive, Space 124, Golden Sky Mobile Home Park, said the
harassment of tenants by the management of Golden Sky Mobile Home Park was more than a
landlord-tenant issue. He said he believed that the park management was continuing the
harassment for sport and for financial gain. He said he expected the police to stop the
harassment. He noted that his attorney spoke to the Police Department and was told they
would assist the residents.
John Machiaverra, J. Mac Jewelers, spoke in favor of the Centerline project.
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Robert Lowe, 2508 E. Romneya, gave Council copies of pictures of two vacant lots across the
street from him, which were owned by CalTrans. He indicated there was a great deal of trash
on the lots, empty cylinders of laughing gas and he wished to have the Police Department patrol
the area more often. He also suggested that Code Enforcement look at the property.
Mayor Daly said the City Manager would follow up with Mr. Lowe.
Alone Larsen, 607 N. Lemon Street, spoke on behalf of residents of the Anaheim Colony District
opposing the Centerline project. She said the area was residential, not commercial and they
attended OCTA hearings to object to the project. She said they were committed to saving their
community. She encouraged a no vote.
Meghan Shigo, 626 N. Clementine, spoke in opposition to the Centerline project. She said the
Anaheim Colony District stood united against the light rail through the historic district.
Emilee Sharp, 500 N. Clementine, as a resident of the historical Anaheim Colony District, she
said she opposed the light rail project going through the Colony District. She said there would
be an increased risk to children, increased noise and decreased property values.
David Helland, 515 N. Zeyn Street, said he was concerned about the cost versus benefit and he
added that he did not see the purpose to put the rail line through a residential area. He felt the
integrity of the City needed to be protected.
Jimmy Gaston, 2110 E. Virginia Avenue, spoke regarding Item A 10, the first reading of an
ordinance to provide definitions for hotels and motels. He said he understood the need for the
definitions but he said there was some concern for the people living in the motels.
Larry Slagle, 1619 E. Lincoln Avenue, said he supported the improvement of the Anaheim Hills
Golf Course Clubhouse.
Dane Libart, resident of Anaheim Historic Colony District, spoke in opposition to the Centerline
light rail project. He asked if there would be a vote this date.
Mayor Daly answered that Centerline was a project under the jurisdiction of the County
Transportation Authority, Council Member Tait placed the item on the agenda so that Council
could discuss and provide feedback to the Authority concerning Anaheim's views.
Council Member Tait said that he would ask for a vote on the Centerline issue and his personal
opinion would be for a no build.
Daniel Walker, 7916 820d Street, Los Angeles, speaking on behalf of the Sierra Club of Orange
and Los Angeles Counties, said the members were strong supporters of light rail because it
would improve traffic, reduce pollution and it would have an opportunity to bring communities
closer together. Regarding statements made earlier about safety, he said light rail was very
safe, housing values had increased where light rail had gone in San Diego and Pasadena. He
said historic districts in San Francisco and San Diego that were blossoming because of light rail
and it would not have a devastating effect that some people felt it would have. He said they
favored the central MOS.
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Barbara Gonzalez, 330 S. Ohio Street, said she was a realtor and had a different opinion from
the previous speaker. She said she could attest, based on multiple listing statistics, those
properties that side up or come close to rail tracks did not increase in value. She said in today's
dollars, properties that side up or come close to tracks decreases in value or is approximately
$20,000 less than a comparable houses that are not close to tracks. She relived a situation
where she lived near an elevated rail system that she could not use.
Marcia Garten, 521 N. Lemon Street, stated her opposition to the light rail proposal. She said
she wished to get more information on alternate routes the City or County may be considering.
Mayor Daly encouraged her to speak to the City's Public Works Department who was working
with OCT A.
Council Member Tait said he would request the item be continued to the February 13, 2001
agenda. He said OCTA would be voting later this month to begin engineering on the project
and it was imperative that Anaheim let them know the City's position on the project before they
vote.
MOTION: 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 - A19: 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. ItemA11 was approved under a separate
motion. Motion carried unanimously.
Council Member Kring wished to pull Item A 10 for further discussion.
Council Member Feldhaus stated his desire to pull Item A9 and A 10.
Council Member Tait wished to pullltemA11 for discussion.
Regarding Item A9, Procedures and Rules of Order for the conduct of Planning Commission
meetings, Council Member Feldhaus asked the City Attorney if the Planning Commission
needed to add clarification to their rules pertaining to Closed Session.
City Attorney White responded that the Brown Act would have to be factored into the
procedures and the Planning Commission would have the right to meet in Closed Session. The
rules for Planning were meant for the public portion of the meeting.
Council Member Feldhaus suggested that wording be added such as "except Closed Session".
City Attorney White indicated that Council could approve the Procedures and Rules with that
amendment. He explained that it would be the first sentence on page 2, paragraph G, "All
meetings of the Commission shall be open to the public except to the extent that Closed
Sessions are permitted under the law."
Regarding Item A 10, introduction of an Ordinance amending definitions of "hotel" and "motel" in
the Anaheim Municipal Code, Council Member Kring said she had the same concerns as Mr.
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Gaston. She asked the City Attorney what the difference was between an indefinite seven-day
rental period and the new proposed language of "as many successive seven day periods as the
person may choose".
City Attorney White said the definition was not meant to be an action that would directly affect
anything having to do with hotels or motels, this was only a definition. He said it would be up to
the Planning Commission and Council to approve hotels and any conditions placed on hotels
and motels relating to occupancy. The problems the change was meant to address, he clarified,
were two fold; first, the current definition said that an operator of a hotel or motel was prohibited
from renting space for more than a consecutive period of seven days, however, that same
operator could rent to the same person for as many unlimited seven day periods as they agreed
upon. The problem with that definition, he explained, was that it did not recognize a need that
the City has had for several years by businesses that actually rent spaces or need to rent
spaces longer than for seven days at a time for use by executives or airline pilots that need
temporary occupancy. The other problem the amendment would address, he noted, was the
fact that the City had an argument made, in litigation and at Council meetings, saying that the
City Council cannot deem motels and hotels as places of temporary occupancy because the
City's very definition of a hotel and motel said that you could rent them for as many seven day
periods as they want, meaning indefinitely. The change would only be to the definition, he
explained, which would, one, recognize that business practices dictate that it makes sense to
allow some businesses to rent for longer than seven days at a time and secondly, to eliminate
the argument that could be made back against the City that in the conditional use permit
process, the City cannot impose limitations on occupancy.
Council Member Kring said she did not see the difference in the language.
City Attorney White said that was the language that was being eliminated by the change. The
proposed language to be added would say that a motel was a building or a group of buildings
containing guest rooms provided as temporary lodging or sleeping accommodations for
consideration to tourists, sojourners or transients but not used as the legal residence or principal
dwelling place of the occupant, except for a manager's unit. He said it was eliminating the
seven-day period.
Council Member Tait asked if that was in addition, the last part Mr. White added.
Mr. White said the language he read was the new, proposed language.
Council Member Tait said he had a concern with the language.
City Attorney White said that Pastor Gaston identified it correctly, hotels and motels were places
of temporary occupancy, and apartments were places of permanent occupancy. He said it was
up to the Council and Planning Commission, on individual cases, to determine how to apply it.
That was what Council had been doing on the units that had been coming to them, he noted.
Council Member Feldhaus wondered how the City would define places like Resident's Inns and
the Marriott, which had kitchen, dinning facilities and a living room.
City Attorney White said it would be the intent, did the occupant have another home or was that
their only home. He said everyone could only have one legal residence under law and under
this definition, if a person lived in a motel, it should not be his or her legal residence.
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Council Member Tait said he would vote against the ordinance, adding that he felt it treated
people who could not afford an apartment different from others that could.
City Attorney White said this was on the agenda for first reading and would return to the next
agenda for a vote. He added that the Planning Commission was also reviewing the ordinance
on February 12, 2001.
Council Members Kring and Tait indicated that they wished to lodge a no vote.
Regarding Item A11, design of the banquet facilities for 350-seat capacity for the Anaheim Hills
Golf Course Clubhouse, Council Member Tait gave the background of the project, which he said
was now estimated at about $7 million. He said staff projected incremental benefit of $1 00,000
per year, which he said did not come close to paying back the $7 million. He said his job was
about making decisions and he felt there were more pressing decisions and priorities than a
banquet facility, when 70% of the use was by out of town users.
Council Member McCracken reported that 25 years ago, the community near the existing golf
course had repeated studies about the facility and currently the facility was in poor condition.
She said when the Dad Miller facility was remodeled; she felt a mistake was made in not making
the expansion as great as it should have been. She agreed that priorities had to be set and that
this project had been on the table for 25 years and it was time to address it. She said she felt it
was a viable piece of the City's investment and neighborhood. She indicated that increased use
would allow the facility to pay for itself.
Council Member Tait disagreed, adding that it would not pay for itself. The decision was the
City could have more parks or a $7 million clubhouse.
Mayor Daly clarified that the authorization for the construction and design of a new clubhouse
had already been given, the question before Council now was how large should the banquet
space be. He asked if anything else in the project would change other than the banquet space.
Jack Kudron, Parks and Recreation, responded that if the banquet space increased, there
would be commensurate increases in kitchen size and the storage, but it was figured into the
additional $500,000 to construct the 350-seat capacity.
Council Member Kring said she would support the 350-seat capacity, which would provide more
flexibility.
Mayor Daly asked the current capacity of the banquet facility at Anaheim Hills Golf Club House
and Jack Kudron responded his guess would be about 200 people.
Mayor Daly said he was uncomfortable with the growing cost of the project as well as taking
from the savings from the privatization that Council approved a few months ago. He said he
was uncomfortable supporting the larger banquet space and uncomfortable with the City being
in the banquet business to that degree. He said the project and design was beautiful but he
was more comfortable with the smaller, 250-seat design. He indicated that a yes vote on Item
A 11 would be a yes vote on the 350-seat capacity. A no vote would be for the 250-seat
capacity, which was previously approved.
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Council Member Tait said he would be voting no, a 350-seat capacity made the project very,
very expensive and that the banquet facility was not for the girl scouts or boy scouts or that type
of group, it would be leased to a private operator who would run it for profit and pay rent to the
City. It would then be leased out to corporate groups; it would not be a community type center.
Council Member Kring moved to approve ItemA11 , seconded by Council Member Feldhaus.
Vote was 3 ayes: Council Members Kring, Feldhaus, McCracken. Noes: 2, Mayor Daly and
Council Member Tait. Motion carried.
A1.
Reject certain claims filed against the City.
A2.
Receive and file minutes of the Golf Advisory Commission meeting held December 7,
2000; minutes of the Anaheim Workforce Investment Board meeting held November 9,
2000; minutes of the Anaheim Redevelopment and Housing Commission meeting held
December 6, 2000; minutes of the Deferred Compensation Committee meetings held
September 19, September 29, October 3, October 11, October 19, October 20, October
24, November 3, November 16, 2000, and January 16, 2001; Anaheim Police
Department Crime and Clearance Analysis for the month of December, 2000; and the
Finance Director's Monthly Financial Analysis for five months, ending November 30,
2000.
A3.
RESOLUTION NO. 2001 R-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein (Deed Nos. 10318, 10362-10367).
A4.
Approve and authorize the Mayor and City Clerk to execute the agreement and grant
deed for sale of real property located at 1779 South Canterbury Circle and approve Lot
Line Adjustment Plat No. 474.
A5.
RESOLUTION NO. 2001R-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and
service easements, from the south side of Lincoln Avenue approximately 890 feet
easterly of Gilbert Street (2340 W. Lincoln Avenue (Abandonment No. 2001-00028).
(Suggested public hearing date is March 20, 2001,6:00 p.m.)
A6.
RESOLUTION NO. 2001 R-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and
service easements, and a portion of Winston Road extending easterly from Disneyland
Drive, south of Ball Road and that portion of Winston Road, south of Ball Road,
extending from the Santa Ana Freeway to a point approximately 165 feet westerly
thereof (Abandonment No. 98-09A). (Suggested public hearing date is March 20, 2001,
6:00 p.m.)
Approve the conveyance by quitclaim of the City's right, title, and interest in the
abandoned area to the abutting property owners, and quitclaim the existing storm drain
and sewer facilities within the abandoned area to Walt Disney Company if the vacation is
approved.
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A7. Accept the bid of Southern States, Inc., in the amount of $88,440 (plus applicable taxes)
for fourteen 69 KV, 1200 amp disconnect switches for Weir Substation in accordance
with Bid #6096.
A8. Ratify the appointments of Brad Wilkinson as Anaheim City School District's
representative to the City's Park and Recreation Commission and Harald Martin as
Anaheim Union High School District's representative.
A9. Approve Procedures and Rules of Order for the conduct of Planning Commission
meetings as adopted by the Planning Commission in Resolution PC2000-143.
A10. ORDINANCE NO. 5755 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the definitions of "hotel" and "motel" as set forth in Sections
18.01.090 and 18.01.140 ofTitle 1 of the Anaheim Municipal Code.
A 11. Provide direction to staff to design the banquet facilities for 350-seat capacity for
the Anaheim Hills Golf Course Clubhouse. (Continued from meeting of January 9, 2001,
Item A18.)
A 12. Approve a partial fee waiver for the Buttons and Bows Square Dance Club of Anaheim
for a benefit event to be held at the Brookhurst Community Center on Sunday, March 4,
2001.
A 13. Approve an amendment to the previously approved agreement with Hernandez Cart
Service, Inc., in an amount not to exceed $24,000 for the retrieval of abandoned
shopping carts through July 15, 2001.
A14. RESOLUTION NO. 2001R-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting a memorandum of understanding establishing terms and
conditions of employment for employees in classifications assigned to the Utilities Unit
represented by the International Brotherhood of Electrical Workers, Local 47.
RESOLUTION NO. 2001R-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving a Letter of Understanding between the City of Anaheim and the
International Brotherhood of Electrical Workers, Local 47.
A 15. Approve the Electrical Utility Agreement with Convention Electrical Services to provide
various electrical services on a non-exclusive basis to persons at the Convention Center
who require such services in connection with events.
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A 16. Approve and authorize the Public Utilities General Manager to execute an agreement
with Derivion Corporation for development of electronic utility bill presentment and
payment services at a cost not to exceed $50,000 plus applicable taxes; authorize the
Purchasing Agent to issue annual purchase orders necessary for the monthly processing
fees not to exceed $20,000 per year (with annual adjustments for inflation) for a period
up to seven years; certify that revisions to the Electric Rates, Rules and Regulations are
statutorily exempt under California Environmental Quality Act, Public Resources Code,
Section 21 080(b )(8), and Title 14 of the California Administrative Code,
Section 15273(a).
RESOLUTION NO. 2001 R-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending Rates, Rules and Regulations for the Sale and Distribution of
Electricity as adopted by Resolutions No. 71R-478 and most recently amended by
Resolution No. 2000R-256 and Rates, Rules and Regulations for the Sale and
Distribution of Water adopted by Resolution No. 72R-600 and most recently amended by
Resolution No. 99R-142.
114 A 17. Approve minutes of the meeting held January 23, 2001.
END OF CONSENT CALENDAR
OFF-CONSENT CALENDAR:
150
A 18. Discussion of John Marshall Park parking lot. (Continued from the meetings of January
9, 2001, Item A24, and January 23,2001, Item A41.)
Mayor Daly announced that the staff had requested a one-week continuance. City Manager
Ruth clarified that staff had been meeting with the residents and would like to continue the item
one-week to try to resolve the issues.
Mayor Daly moved for a one-week continuance, seconded by Council Member McCracken.
Motion carried unanimously.
Regarding Items A19, A20, and A21, Mayor Daly moved for a one-week continuance in the
interest of time, seconded by Council Member Kring. Motion carried unanimously.
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A 19. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one year.
(Continued from meetings of December 12, 2000, Item A32, December 19, 2000, Item
A36, January 9, 2001, Item A27, and January 23, 2001, Item A44.)
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A20. Review current assignments and make appointments to various Regional and State
Organizations. (Continued from meetings of December 12, 2000, Item A38, January 9,
2001, Item A28, and January 23, 2001, Item A45.)
A21. Nominate and appoint a member to the Anaheim Housing and Redevelopment
Commission to fill the unexpired term of Thomas Holguin, term to expire June 30, 2004.
(Continued from the meeting of January 23, 2001, Item A42.)
A22. Discussion of Centerline light rail project.
Council Member Tait moved for a one-week continuance for the discussion of the Centerline
light rail project and for a vote to support staff's recommendation of a no build alternative.
Motion seconded by Council Member Kring. Motion carried unanimously.
Items B1-B8 From PlanninQ Commission MeetinQ of January 17.2001: (No action
necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD
ENDS February 8,2001:
B1. CONDITIONAL USE PERMIT NO. 1043
AND CATEGORICAL EXEMPTION-CLASS 1:
OWNER: Ben Karmelich, 30 Harbor Sight Drive, Rolling Hills Estates, CA 90274
LOCATION: 2748 West Lincoln Avenue. Property is 1.7 acres located on the south side
of Lincoln Avenue, 670 feet east of the centerline of Dale Avenue (Lincoln Inn).
To consider reinstatement of this permit by modification or deletion of a condition of approval
pertaining to a time limitation (reinstated on May 22, 2000, to expire on January 15, 2001)
to retain an existing 129-unit motel.
ACTION TAKEN BY PLANNING COMMISSION:
Reinstatement of Conditional Use Permit No. 1043 denied (PC2001-4) (7 yes votes).
Categorical Exemption-Class1 approved.
No action taken.
B2. WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04286
AND NEGATIVE DECLARATION:
OWNER: Nader S. & Zahra M. Safaie, 13741 Clinton Street #46, Garden Grove, CA 92843
LOCATION: 2235 West Lincoln Avenue. Property is 0.18 acre located at the northwest corner
of Lincoln Avenue and Kathryn Drive (Pizza Town).
To permit on-premises sales and consumption of beer and wine and outdoor seating in a sit-
down restaurant in conjunction with an existing take-out restaurant with waiver of minimum
number of parking spaces.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 2000-04286 granted in part for one year to expire January 17, 2002,
denying the request to serve beer and wine in the outdoor dining area (PC2001-5) (5 yes votes,
Commissioners Bostwick and Bristol voted no).
Waiver of Code Requirement approved.
Negative Declaration approved.
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No action taken.
B3. WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04272
AND NEGATIVE DECLARATION:
OWNER: Elias Properties, Attn: Don Bering, 5395 East La Palma Avenue, Anaheim, CA 92807
Canyon Commercial Center, Attn: Mark Poochigian, 5000 Birch Street, #510 East Tower,
Newport Beach, CA 92660
LOCATION: Portion A: 5375 East La Palma Avenue. Property is 1.1 acre located at the
northwest corner of La Palma Avenue and Brasher Street.
Portion B: 5395 East La Palma Avenue and 1370-1400 North Brasher Street. Property is
5.02 acres located at the northeast corner of La Palma Avenue and Brasher Street.
Portion C: 5401 East La Palma Avenue (originally advertised as 5401, 5403, and 5404 East
La Palma Avenue). Property is 12.2 acres located on the north side of La Palma Avenue,
270 feet east of the centerline of Brasher Street.
To permit an expansion to an existing automotive dealership facility with waiver of (a) maximum
number of monument signs (denied), (b) minimum distance between monument signs (denied),
(c) maximum floor area ratio (approved), and (d) permitted encroachments into required yards
(approved) .
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 2000-04272 approved in part (PC2001-6) (6 yes votes,
Commissioner Arnold absent).
Waiver of Code Requirement approved in part.
Negative Declaration approved.
No action taken.
B4.CONDITIONAL USE PERMIT NO. 4155
FINAL ELEVATION AND SIGN PLANS REVIEW
EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL
AND NEGATIVE DECLARATION:
OWNER: Devtech Inc., 1812 Fairford Drive, Fullerton, CA 92833
AGENT: WCDS, Inc., Attn: Roger Watson, 1820 East 1 st Street, #550, Santa Ana, CA 92705
LOCATION: 500-528 South Beach Boulevard - Sav-on Druqstore. Property is 1.91 acres
located at the northeast corner of Orange Ave and Beach Blvd (500-528 South Beach
Boulevard - Sav-on Drugstore).
Request to amend or delete a condition of approval pertaining to the number of units permitted
for this commercial retail center, review and approval of final elevation and sign plans, and
approval of an extension of time to comply with conditions of approval for a previously approved
commercial retail center including a drug store with drive-through lane and sales of alcoholic
beverages for off-premises consumption and retain an existing convenience market with sales
of beer and wine for off-premises consumption with waivers.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 4155 approved (PC2007-7) (6 yes votes, Commissioner
Arnold absent).
Final Sign Plans approved. Final Elevation Plans withdrawn.
Approved extension of time to comply with conditions of approval, to expire on
December 6, 2001.
Amended and restated the Conditions of approval in their entirety.
Negative Declaration previously approved.
No action taken.
B5. CONDITIONAL USE PERMIT NO. 3545
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AND NEGATIVE DECLARATION;
CONDITIONAL USE PERMIT NO. 3606
AND NEGATIVE DECLARATION;
CONDITIONAL USE PERMIT NO. 3688
AND NEGATIVE DECLARATION; AND
CONDITIONAL USE PERMIT NO. 3817
AND NEGATIVE DECLARATION:
OWNER: Lederer Anaheim Limited, Attn: Les Lederer, 1990 Westwood Boulevard, 3rd Floor,
Los Angeles, CA 90025
AGENT: Farano & Kieviet, Attn: Thomas Kieviet, 2300 East Katella Avenue #235, Anaheim,
CA 92806
LOCATION: 1440 South Anaheim Boulevard. Property is 14.74 acres located north and east of
the northeast corner of Cerritos Avenue and Anaheim Boulevard (Anaheim Indoor Marketplace).
Conditional Use Permit No. 3545 - Request to consider reinstatement of this permit by
modification or deletion of condition of approval pertaining to a time limitation (originally
approved on September 21, 1992 and reinstated on September 14, 1998, to expire on April 22,
2001) to retain the outdoor installation of auto alarms and stereos, window tinting, tire rims, auto
accessories, upholstery, auto detailing, storage of plant materials, and batting cages in
conjunction with an existing indoor swap meet.
Conditional Use Permit No. 3606 - Request to consider reinstatement of this permit by
modification or deletion of a condition of approval pertaining to a time limitation (originally
approved on June 14, 1993 and reinstated on June 23,1997, to expire on April 22, 2001) to
retain an existing restaurant with on-premises sale and consumption of beer and wine in
conjunction with an existing indoor swap meet.
Conditional Use Permit No. 3688 - Request to consider reinstatement of this permit by
modification or deletion of a condition of approval pertaining to a time limitation (originally
approved on June 13, 1994, to expire on April 22, 2001) to retain an existing outdoor roller
hockey rink in conjunction with an existing indoor swap meet. The petitioner further requests
the additional use of said outdoor rink for soccer activities.
Conditional Use Permit No. 3817 - Request to consider reinstatement of this permit by
modification or deletion of a condition of approval pertaining to a time limitation (originally
approved on February 5,1996 and reinstated on March 17, 1999, to expire on April 22, 2001) to
retain an existing indoor entertainment facility for a television taping studio and an indoor stage
for concerts, live theatrical productions, movie screenings, and an outdoor event area in
conjunction with an existing indoor swap meet.
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CITY OF ANAHEIM
CITY COUNCIL MINUTES
FEBRUARY 6, 2001
PAGE 13
ACTION TAKEN BY PLANNING COMMISSION:
Reinstatement of Conditional Use Permit No. 3545 approved, to expire August 29,2010.
Amended and restated the Conditions of approval in their entirety. (PC2001-8) (5 yes votes,
Commissioner Bostwick abstained, Commissioner Arnold absent).
Reinstatement of Conditional Use Permit No. 3606 approved, to expire August 29, 2010.
Amended and restated the Conditions of approval in their entirety. (PC2001-9) (5 yes votes,
Commissioner Bostwick abstained, Commissioner Arnold absent).
Reinstatement of Conditional Use Permit No. 3688 approved, to expire August 29,2010.
Amended and restated the Conditions of approval in their entirety. (PC2001-10) (5 yes votes,
Commissioner Bostwick abstained, Commissioner Arnold absent).
Reinstatement of Conditional Use Permit No. 3817 approved, to expire August 29,2010.
Amended and restated the Conditions of approval in their entirety. (PC2001-11) (4 yes votes,
Commissioner Vanderbilt voted no, Commissioner Bostwick abstained, Commissioner Arnold
absent).
Negative Declarations previously approved.
Council Member Feldhaus noted there had been a condition placed on CUP 3606, which said
there would be no sales of non-alcoholic beer, Condition NO.1 O. He asked why that condition
was imposed.
Planning Director Fick responded that they were researching it at the time, it probably was a
typographical error, it should probably be alcoholic beverages, he noted. He added that the
conditions for all the CUP's were only reinstatements for time limits, no conditions had changed,
and staff saw no reason for the condition but it was a condition that the applicant was willing to
abide by and when the original application was approved, it was an original condition imposed.
Mayor Daly asked if there was a master CUP for the entire project and Mr. Fick said yes there
was. He asked if Council could set separate schedules for all the CUP's and not effect the
master or primary CUP for the property.
Mr. Fick said it could be done, he added that what the Council had before them was sub CUP's
that were operational uses within the master CUP. He said to change the CUPs would require it
to be set for hearing.
Mayor Daly asked if that happened, would there be any net result or impact on the previous
CUP and Mr. Fick said no. Mayor Daly asked if there were any other sub CUP's on this
property and Mr. Fick answered no.
Mayor Daly asked if there were any other concerns and none were heard. Council Member
Feldhaus had left the room and Mayor Daly asked to return to the item when Council Member
Feldhaus returned.
179
86. CONDITIONAL USE PERMIT NO. 4073
CEQA NEGATIVE DECLARATION:
OWNER: Harlo-Kinder Limited Partnership, Attn: Paul S. Elman, 9808 Pangborn Avenue,
Downey, CA 90240
AGENT: Kyu Nam Bisaillon, 2054 S. Euclid St., Anaheim, CA 92802
LOCATION: 2054 South Euclid Street, Unit H. Property is an irregular "L" shaped 2.43-acre
portion of a site located north and east of the northeast corner of Orangewood Avenue and
Euclid Street (Golden Pain Massage).
..,....
179
179
CITY OF ANAHEIM
CITY COUNCIL MINUTES
FEBRUARY 6, 2001
PAGE 14
To consider reinstatement of this permit by modification or deletion of a time limitation (originally
approved on November 23, 1998, reinstated on January 3, 2000, to expire on January 3, 2001)
to retain an existing acupressure (massage) facility within an existing commercial retail center.
ACTION TAKEN BY PLANNING COMMISSION:
Reinstatement of Conditional Use Permit No. 4073 approved, to expire January 3, 2006.
Amended and restated the Conditions of approval in their entirety. (PC2001-12) (6 yes votes,
Commissioner Arnold absent).
Negative Declaration previously approved.
No action taken.
B7. CONDITIONAL USE PERMIT NO. 4061
AND NEGATIVE DECLARATION:
OWNER: Dong S. and Myoung Ai Kim, 969 La Paz Road, Placentia, CA 92870
AGENT: Tim Hill, 17831 Morrow Circle, Villa Park, CA 92861
LOCATION: 1652 West Lincoln Avenue. Property is 1.3 acres located on the south side of
Lincoln Avenue, 440 feet east of the centerline of Euclid Street (Chain Reaction).
To consider reinstatement of this permit which currently contains a time limitation (originally
approved on November 23, 1998, reinstated on January 3, 2000, to expire on November 23,
2000) to retain a public dance hall.
ACTION TAKEN BY PLANNING COMMISSION:
Reinstatement of Conditional Use Permit No. 4061 approved to expire November 23, 2002.
Amended and restated the Conditions of approval in their entirety. (PC2001-13) (6 yes votes,
Commissioner Arnold absent).
Negative Declaration previously approved.
No action taken.
B8.CONDITIONAL USE PERMIT NO. 4151
AND NEGATIVE DECLARATION:
OWNER: Karl Sator, 900 East Katella Avenue, # J, Orange, CA 92867
AGENT: Salvador Magana, 3148 East La Palma Avenue, Anaheim, CA 92807
LOCATION: 3148 East La Palma Avenue. #C. Property is 6.4 acres located south and east of
the southeast corner of La Palma Avenue and Kraemer Boulevard.
To consider reinstatement of this permit which currently contains a time limitation (approved
October 25, 1999, to expire on October 25, 2000) to retain an automotive repair facility for the
restoration of minor auto body damage.
ACTION TAKEN BY PLANNING COMMISSION:
Reinstatement of Conditional Use Permit No. 4151 approved to expire October 25,2005.
Amended and restated the Conditions of approval in their entirety. (PC2001-14) (6 yes votes,
Commissioner Arnold absent).
Negative Declaration previously approved.
No action taken.
179
CITY OF ANAHEIM
CITY COUNCIL MINUTES
FEBRUARY 6, 2001
PAGE 15
Item B9 From Planninq Commission Meetinq of Januarv 29, 2001: (No action necessary unless
Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS February 8,
2001:
B9. VARIANCE NO. 2000-04407
TENTATIVE PARCEL MAP NO. 1999-194
AND NEGATIVE DECLARATION:
OWNER: Craig Painter, 6905 West Route 242, Ellicotteville, NY 14731
AGENT: Anacal Engineering Company, 1900 East La Palma Avenue, #202, Anaheim, CA
92805
LOCATION: 371 Timken Road. Property is 2.01 acres located at the terminus of Timken Road,
200 feet west of the centerline of Mohler Drive.
Variance No. 2000-04407: Waiver of (a) minimum lot area (deleted), (b) minimum lot width
(deleted), and (c) maximum number of panhandle lots to establish a single-family subdivision.
Tentative Parcel Map No. 1999-194: To establish a 4-lot, RS-HS-22,OOO(SC) single-family
subdivision.
ACTION TAKEN BY PLANNING COMMISSION:
Variance No. 2000-04407 granted in part (PC2001-16 (6 yes votes, Commissioner Vanderbilt
absent).
NOTE: Variance No. 2000-04407 has a 22-day appeal period, which expires
February 20, 2001.
Tentative Parcel Map No. 1999-194 approved.
Negative Declaration approved.
No action taken.
REPORT AND RECOMMENDATION ITEM:
Item B10 From PlanninCl Commission MeetinCl of January 29. 2001: (No action necessary
unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS
February 8, 2001 :
B10. ENVIRONMENTAL IMPACT REPORT NO. 321
179 FINAL SITE PLAN REVIEW NO. 99-04
REQUEST FOR RETROACTIVE EXTENSION OF TIME:
Doug Anderson, Four Hutton Centre Drive, Suite 675, Santa Ana, CA 92707, requests a
retroactive extension of time to comply with conditions of approval for Final Site Plan Review
No. 99-04 (to construct a 4-story office building and parking structure within the Sports
Entertainment Overlay Zone). Property is located at 2045 and 2099 South State College
Boulevard.
ACTION TAKEN BY PLANNING COMMISSION:
Environmental Impact Report No. 321 previously certified.
Retroactive extension of time approved to expire November 8, 2001. (6 yes votes,
Commissioner Vanderbilt absent)
No action taken.
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CITY OF ANAHEIM
CITY COUNCIL MINUTES
FEBRUARY 6, 2001
PAGE 16
6:00 P.M. PUBLIC HEARINGS:
C1. SPECIMEN TREE REMOVAL PERMIT NO. 2000-00005
179 AND MITIGATED NEGATIVE DECLARATION:
OWNER: Ed and Linda Stern; Gary and Donna Lee Lyons; et aI., Attn: Lori Glastetter,
617 South Birchleaf Drive, Anaheim, CA 92804
AGENT: La Quinta Development, Attn: Thom Falcon, 1124 Main Street, Suite D, Irvine,
CA 92614
LOCATION: 300 block of HenninQ Wav. Property is 8.4 acres located on the west side
of Henning Way, 350 feet southwest of the centerline of Quintana Drive.
To permit the removal of 28 specimen trees.
ACTION TAKEN BY PLANNING COMMISSION:
Specimen Tree Removal Permit No. 2000-00005 approved.
Mitigated Negative Declaration approved.
Informational item at meeting of December 12, 2000, Item B5.
Letter of appeal submitted by Gerald Bushore.
The City Clerk informed the Mayor and Council that a request for continuance to March 6, 2001
was received by the appellant.
Mr. Fick said staff had met with the interested parties and they were hopeful for a resolution to
the issues. He said the tract map would be taken back to the Planning Commission in the
interim and hopefully a resolution would be brought to Council.
Mayor Daly moved to continue Specimen Tree Removal Permit No. 2000-200005 to March 6,
2001. Motion seconded by Council Member Kring. Motion carried unanimously.
179
C2. SPECIAL CIRCUMSTANCES WAIVER NO. 2000-00006
AND CATEGORICAL EXEMPTION - CLASS 4:
OWNER: Lederer Anaheim Limited, 1990 Westwood Boulevard, 3"' Floor, Los Angeles,
CA 90025, Attn: Les Lederer.
AGENT: Alexis Kaiser, ProVantage, Inc., 2713 Parco Avenue, Ontario, CA 91761.
LOCATION: 1440 South Anaheim Boulevard. Property is 14.74 acres located north and
east of the northeast corner of Cerritos Avenue and Anaheim Boulevard with a frontages
of 725 feet on the north side of Cerritos Avenue and 485 feet on the east side of
Anaheim Boulevard. To permit a three-day outdoor used automobile sales event in the
parking lot of the Anaheim Indoor Swapmeet Property.
ACTION TAKEN BY ZONING ADMINISTRATOR:
Approved Special Circumstances Waiver No. 2000-00006.
Informational item from meeting of January 9, 2001, Item 81.
Review of the Zoning Administrator's decision requested by Mayor Daly and Council
Member McCracken.
Mr. Fick gave the staff report.
Mr. Fick added that a number of Anaheim auto dealerships had approached staff and indicated
that this type of sales negatively affected the business of existing Anaheim dealerships and as a
result, staff continued to recommend denial of the requests.
Council Member Kring mentioned that there were auto sales at the Pond and Stadium and she
asked how they could be allowed and this application denied.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
FEBRUARY 6, 2001
PAGE 17
Planning Director Fick said that based on concern from existing Anaheim dealerships, some of
the sales had been reduced and less in number than used to have been held there. He said the
events could be held there based upon existing agreements in those locations. To mitigate
some of the concerns expressed by Anaheim auto dealers, some of the special event promoters
in those locations had offered first right of refusal to the City's dealerships to participate in the
weekend sales events so it would not negatively affect their businesses.
Council Member Feldhaus asked how many three day permits were allowed in a year and Mr.
Fick said since this was a special circumstances waiver, this was a one time, 3 day permit.
Council Member McCracken expressed that the property was a medium sized shopping center
and it seemed to be precedent setting, in that if this shopping center were allowed to have the
waiver, others would follow. She noted that the weekend identified for the waiver was the
busiest weekend for the market place. She asked if the companies had business permits and if
the sales tax stayed in the City.
Mr. Fick said if point of sale took place in the City, the tax would stay in the City. He said staff
shared the two concerns mentioned by Council Member McCracken from a precedent setting
standpoint. He said typically an auto sales use would require a CUP and in his opinion this was
creating an unleveled playing field by allowing the use without having a CUP in that location.
Mayor Daly opened the public hearing.
Sandra Harris, 10251 Deste, said that the circus used that area and used the parking lot.
No other testimony, Mayor Daly closed the hearing.
Council Member Tait said he had a concern and would support staff's recommendation. He
noted there were auto sales on stadium property and arena property and he wished to make
sure it did not happen in violation of a contract.
Mayor Daly said he expressed his concern to the City Manager about the number of auto sales
at the Stadium and the Pond and based on the City Manager's follow up, he believed there was
a lesser amount.
City Manager Jim Ruth said there had been a lessening and the City gave preferential treatment
to local dealers who wanted to participate in those events. He added that they were monitored
through the Finance Department to make sure the sales tax stayed in the City.
Council Member Tait asked if the City could contractually not allow them in the future.
City Manager Ruth said no, he thought through the Angel's agreement, they were entitled to
conduct them on stadium property, the same thing with the Pond. Council Member Tait
wondered if they needed a CUP.
Mayor Daly said he thought the Pond had to apply for a permit but at the stadium, because of
management rights, they were grandfathered.
City Manager Ruth said he would check it out and that he knew on the Douglas property, the
City did not have total control, where they did on the transfer site, which was what the Pond was
using.
Mayor Daly asked for some additional information on what they could and could not do under
current contracts.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
FEBRUARY 6, 2001
PAGE 18
Council Member McCracken said she wanted some response from local car dealers because
she knew that in some cities, that was one of the ways the car dealers were able to bring
hundreds of people in at one time and sell hundreds of cars at one time.
Mayor Daly moved to deny the CEQA Finding, categorical exemption, Class 4, seconded by
Council Member McCracken. Motion carried unanimously.
Mayor Daly offered a resolution denying the Special Circumstances Waiver No. 2000-00006.
RESOLUTION NO. 2001 R-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM denying Special Circumstances Waiver No. 2000-00006.
Roll call vote: Ayes - 5; Mayor Daly, Council Mem.ber McCracken, Feldhaus, Kring, Tait.
Noes - O. Motion carried.
Returning to Item B5, Mayor Daly asked Council Member Feldhaus if he wanted to set the item
for hearing.
Council Member Feldhaus asked staff if they agreed with the use of the sub CUP's for ten
years.
Planning Director Fick said the sub CUP's were timed to coincide with the approval of the
master CUP recently approved.
Council Member Feldhaus asked if there had been any complaints and Mr. Fick answered no,
there had not been substantive police or code enforcement complaints.
Council Member Feldhaus said he felt the property should be closely tracked and no new uses
should be approved.
Planning Director Fick said that was a very good suggestion, adding that any new uses on the
site would require a CUP, and the current uses were closely monitored.
Report on Closed Session Actions:
City Attorney Jack White reported no items required to be reported out of Closed Session.
Mayor Daly noted that the City Attorney and City Clerk would review the number of Closed
Session items for the February 13, 2001 meeting and possibly recommend an earlier start time.
Council Communications:
Council Members commented on the activities regarding the new Disney California
Adventure, which was opening during the month.
Council Member Kring wished President Reagan a happy 90th birthday.
Council Member Feldhaus mentioned projects that citizens continued to bring to his
attention, like skateboard parks, a restaurant row and qualifying for the All American City
Award. He said he was pleased to report the first of the three skate parks was in the
design stage and scheduled for Brookhurst Park. The restaurant row for S. Anaheim
Blvd. had a lot of interest especially for the new SFX theater coming to downtown and
the City Manager was moving forward with the possibility of applying for the All American
City Award. He announced a Celebration of Love at the Downtown Community Center
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CITY OF ANAHEIM
CITY COUNCIL MINUTES
FEBRUARY 6, 2001
PAGE 19
on February 13, 2001, from 3 PM to 5 PM, for Benny Henandez, Anaheim Union High
School District Board Member.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 7:20 P.M.
Respectfully submitted:
~r~
Sheryll Schroeder, CMC/AAE
City Clerk
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