2001/10/23
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
OCTOBER 23, 2001
The City Council of the City of Anaheim 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/Closed Session, Assistant City Manager
Morgan/Council Meeting, City Attorney Jack White, City Clerk Sheryll Schroeder, Public Works
Director Gary Johnson, Community Services Director Chris Jarvi, Traffic and Transportation
Manager John Lower, Zoning Division Manager Greg Hastings, Planning Director Joel Fick,
Police Sergeant Randall West.
A copy of the agenda for the meeting of the Anaheim City Council was posted on October 19,
2001, at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3: 1 0 P. M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION:
Finding that there was a need to take immediate action and that the need for action came to the
attention of the City Council subsequent to the agenda being posted, Mayor Daly moved to add
the following item to the Closed Session, seconded by Council Member McCracken:
THREAT TO PUBLIC SERVICES OR FACiliTIES:
Consultation with: Chief of Police
Motion carried unanimously.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken.
Motion carried unanimously. The Council recessed to Closed Session at 3:11 P.M.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Kord Group v. The Fieldstone Company, et aI.,
Orange County Superior Court Case No. 76-32-58.
2. CONFERENCE WITH lABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Employee organizations: Anaheim Municipal Employees Association.
3. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS:
Titles: City Manager, City Attorney, City Clerk and City Treasurer
4. PUBLIC EMPLOYEE APPOINTMENT:
Title: City Manager
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 2
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: City of Anaheim v. William R. O'Connell, et aI., Orange County Superior
Court Case No. 80-90-04.
6. THREAT TO PUBLIC SERVICES OR FACILITIES:
Consultation with: Chief of Police
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 23,2001 to order at 5:19 P.M. and
welcomed those in attendance.
INVOCATION: Pastor John Paumier, Spirit Life Worship Center
FLAG SALUTE: Council Member McCracken
PROCLAMATIONS AND DECLARATIONS:
A presentation of Service Awards to Long Term City Employees was made by Walt Jerz,
Human Resources.
Recognitions to be presented at a later date were: A certificate of Recognition recognizing the
2001 graduates of Leadership Anaheim and a proclamation recognizing October 27, 2001, as
Make a Difference Day.
At 5:34 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency meeting.
Mayor Daly reconvened the City Council meeting at 5:45 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade, 100 West Midway Drive, Space #124, Golden Skies Mobile Home Park,
expressed concerns about 100 families on Lincoln Avenue and concerns with the Police
Department.
Seferino Garcia, 1233 Diamond Street, voiced concerns that 100 children had to be turned
down from the YMCA and he asked that a safe environment be created to support children ages
twelve to fifteen. He mentioned the park on the corner of Walnut and Santa Ana Streets and
said that he believed that it should be named after Ceasar Chavez and that Manchester Street
should also be given that name.
An unidentified Hispanic male spoke in Spanish.
Council Member Kring stated that this was the second meeting in a row that there had been
speakers that spoke in Spanish. She said that a majority of the Council did not understand
Spanish and she suggested that the person speaking bring a translator so that the Council
could learn what the person was speaking about.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 3
Michael Baker reported that the Boys and Girls Club now had over 1 ,200 children and he added
that 99 of the 200 children that had come in the last month were motel kids. He said that the
Boys and Girls Club was transporting the children everyday to the facility and they were
reaching out to children who needed the services the most.
An unidentified Hispanic male spoke Spanish. Alma Ramirez translated for the gentleman and
said that the problem was at the Golden Skies Mobile Home Park. She spoke on his behalf
referring to various and deplorable situations at his home and on the premises of the Golden
Skies Mobile Home Park.
An unidentified Hispanic female spoke Spanish. Alma Ramirez translated for the woman who
referred to problems at the Golden Skies Mobile Home Park. Ms. Ramirez said that she was
asking Council to intercede on her behalf.
Alma Ramirez, Golden Skies Mobile Home Park, 100 West Midway Drive, spoke about
obtaining documents from the environmental health department at the County of Orange and
referred to problems at the Golden Skies Mobile Home Park.
An unidentified gentleman, youth leader at Calvary Chapel in Westminster, stated that Calvary
was doing a youth activity in Pearson Park and he asked that the $1,800 fee be waived or if the
City could sponsor the Calvary youth concert to be held January 12, 2002.
Mayor Daly said that it was difficult to comment without knowing all the details and he said that
the Council could not just waive fees on the spot. He directed the City Manager to review the
request and report back to the Council.
Randy Cormier, 100 West Midway Drive, Golden Skies Mobile Home Park, spoke about a
situation with his daughter that took place in 1998 and again in 2000. He said that the Police
could not bring charges against the person who did it because Mr. Cormier's daughter was
mildly mentally retarded. He suggested that the Council place a police department in that area
because there were lots of children in that mobile home park and he was concerned
Steven Staveley, 2730 West Bridgeport, spoke in regard to the upcoming retirement of City
Manager, Jim Ruth, and said that he could count on Mr. Ruth to be an honest and thoughtful
person, even in a disagreement.
Robert Luna said he had been collecting names of people on Manchester Avenue who would
like to have Manchester changed to Ceasar Chavez. He said he believed that the name would
benefit the City and he asked that Council consider the naming of Manchester Avenue to
Ceasar Chavez.
Francis X. Nutto, 621 Jambolaya Street, spoke about the impending retirement of City Manager
Ruth. Mr. Nutto spoke about what he believed Mr. Ruth's pension would be and the consulting
contract that had been approved unanimously by Council for eighty hours per month.
Doug Korthof, 1020 Mar Vista, Seal Beach said that the Orange County Sanitation District did
not fully treat the sewage generated and only half of the sewage was fully treated and the other
half was discharged into the ocean. He noted that 16,000 sewage districts in the United States
had moved to full secondary treatment and Orange County had refused to fully treat the
sewage. He asked that Council look into this important issue.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 4
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 - A22: On motion by
Mayor Daly, seconded by Council Member Feldhaus, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Mayor Daly offered Resolutions Nos.
2001 R-267 through 2001 R-270 and Ordinance No. 5787 for adoption. Motion carried
unanimously. Council Member Feldhaus abstained on Item A 12 and Council Member Tait voted
no on Item A22.
A 1. Reject certain claims filed against the City.
A2. Receive and file the minutes of the Deferred Compensation Committee meetings of July
10, 2001, July 11 , 2001 and August 28, 2001 and the Investment Portfolio Report of
September 2001.
A3. Reject all bids relating to the cathodic protection monitoring test station replacements.
A4. Award the contract to the lowest responsible bidder, Thomco Construction, Inc., in the
amount of $85,529, for the installation of the pedestrian bridge cover and approve and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
A5. Approve a settlement agreement with National Fire Insurance Company of Hartford, in
the amount of $871,938.01, for completion of Fire Station No.6, award the contract to
the tendered completion contractor, Adams Mallory Construction, Inc., in the amount of
$1,501,121, for said completion and approve and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
A6. Approve and authorize the Mayor and City Clerk to execute Amendment No.4 to
Cooperative Agreement No. C-95-965 between the City and Orange County
Transportation Authority to clarify the roles and responsibilities in the Combined
Transportation Funding Program.
A7. RESOLUTION NO. 2001 R-267 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 (City Deed Nos. 10436, 10433, 10434, 10435, 10443
and 10442).
A8. Approve and authorize the Mayor and City Clerk to execute the final map and
Subdivision Agreement with D.R. Horton Los Angeles Holding Company, Inc. for
development and improvement on property located at the northwest corner of La Palma
Avenue and Weir Canyon of Tract No. 16128 (Continued from the Council meetings of
August 28, 2001, Item A3 and September 25, 2001, Item A7).
A9. Approve and authorize the Mayor and City Clerk to execute the agreement with Merit
Civil Engineering, Inc., in an amount not to exceed $356,000, for design services for the
Lincoln Avenue Median Island Beautification Project, Phase II to Phase IV (Continued
from Council meeting of October 16, 2001, Item A6).
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 5
Council Member Kring asked for clarification on the difference of $50,000 between the low bid
and the bid suggested for approval.
Public Works-City Engineer, Gary Johnson, stated this was not a traditional bid. He explained
that they selected the most qualified firm at the most reasonable fee and frequently, the firm
with the lowest fee proposal, was not selected.
160 A10. Accept the low bid of Universal Restoration, Inc., in an amount not to exceed $25,473,
for interior painting of the Police Department Detention Center in accordance with Bid
#6207.
160/123 A 11. Accept the low bid and authorize the execution of the Elevator and Escalator
Maintenance Agreement with Kone, Inc., in an amount not to exceed $200,000, for the
maintenance of elevators and escalators located at the Convention Center for a one
year term with four optional one year extensions in accordance with Bid #6198.
161 A12. RESOLUTION NO. 2001R-268 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM consenting to Anaheim Redevelopment Agency's development of
the building site at 947 South Anaheim Boulevard (in conjunction with Item No.4 of the
Redevelopment Agency meeting).
Council Member Feldhaus abstained on Item A 12.
174 A13. RESOLUTION NO. 2001R-269 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving and authorizing the application for funds from the
"Proposition 12" Urban Forestry Grant Program and authorizing the City Manager to
execute all necessary documents in connection with such application and subsequent
award of funds.
113 A14. RESOLUTION NO. 2001 R-270 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of certain City records more than two
years old (Community Development Department).
123 A 15. Approve the Attorney Services Agreement between the City and the law firm of
Franscell, Strickland, Roberts and Lawrence for legal services as may be required by the
City Attorney.
123
A16. Approve and authorize the City Attorney to execute the terms and conditions of the
agreement with AMEC Earth and Environmental, Inc. for geological, geotechnical
consulting services.
106
A17. Amend the Police Department's fiscal year 2001/2002 budget by increasing revenue and
expenditure appropriations, in the amount of $210,234 in Fund 218 and $685,188 in
Fund 219, for unexpended funds in the law enforcement grants.
179
A18. ORDINANCE NO. 5788 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18
of the Anaheim Municipal Code relating to zoning (Reclassification No. 99-00-10) (1500
North Lemon Street).
179
A 19. ORDINANCE NO. 5787 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 6
Anaheim Municipal Code relating to zoning (Reclassification No. 2000-29) (8200 East La
Palma Avenue) (Introduced at the Council meeting of October 16, 2001, Item A 17).
114
A20. Express support for the Orange County Adult Alcohol and Drug Sober Living Facilities
Certification Guidelines and authorize the Mayor to send the Letter of Support to the
Orange County Board of Supervisors.
179
A21. ORDINANCE NO. 5789 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM adopting Amendment No.3 to Specific Plan No.
88-1, Exhibit A (The Sycamore Canyon Specific Plan).
179
A22. ORDINANCE NO. 5790 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18
of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-54) (5801
East Santa Ana Canyon Road, Maag Ranch).
Council Member Tait expressed a no vote on the introduction of Ordinance No. 5790.
END OF CONSENT CALENDAR
106 A23. To consider additions and/or deletions to the budget for the fiscal year 2001/2002.
No action was taken by Council. Mayor Daly noted that adjustments were made to the Police
budget to reflect grants that had been received.
150 A24. Approve youth sports facilities as a Council priority (Requested by Council Member Tait
at the Council meeting of October 2, 2001. Continued from the Council meeting of
October 16, 2001).
Council Member Tait said he believed that youth sports should be made a priority. Council
Member Tait moved to direct staff to work on developing more youth sports fields and facilities
and he asked that a policy be developed to give Anaheim youth priority in the scheduling of
existing fields in conflict with adult and non-Anaheim residents/leagues. He expressed his
concerns that there were a number of adult leagues that were not City residents and were
getting scheduling priorities over Anaheim youth groups especially at night time. He said that
he would like to develop a policy so that did not happen.
Mayor Daly noted that there were a number of options laid out in the staff report and he
suggested that in adopting the policy, staff return to Council with additional information as
requested, or he requested that a workshop be scheduled to obtain greater detail. In looking at
the recent report he said he was convinced that there was room for improvement in terms of
policies to put the youth groups in a better position. He said that Council could adopt some
larger policies, such as Council Member Tait suggested, and view the individual facilities and
uses as examples.
Assistant City Manager Morgan suggested that if the Council wished to refer this to the Park
Liaison Committee, options and details could be discussed and then any recommendations
could be brought back to the full Council.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 7
Council Member Feldhaus asked if there was a suggestion on which priority it would fit and
would that be the number one priority that they were asking for or did this fall somewhere in
between the five or six work plans that Council had given the City Manager at the last budget
hearing. He asked if it was envisioned that monies could be transferred from some reserves to
help facilitate some of the priorities and he asked about the on-going maintenance of the
facilities and the revenue stream that could be identified.
Council Member Tait said that he did not know the answer now and he intended to let staff know
that Council felt this was an important item and to ask staff to come back to Council with some
ideas, options and costs so that Council could make an intelligent decision.
Mayor Daly focused on the recent staff report where there were ideas to squeeze more playing
time and field time for youth sports leagues. One suggestion, he said, was to start the adult
leagues a little later in the evening, which would buy the youth extra time on the existing fields.
He asked that more lighting on some of the school fields be pursued. He noted that a relatively
small amount of money was generated by some of the outside adult organizations who were
using the City's facilities. He said that by adjusting policies there, some space could be freed
up. He said that he knew that the downtown gymnasium was used by outside groups on
Sunday afternoons and evenings, which was not typically the high demand time for City
families. Mayor Daly said that because the facility had become so popular, he asked the
Council to re-think whether outside groups should be allowed to use the facility at all.
Council Member Tait said that he believed some of the decisions were revenue based and
those were some of the policy decisions that Council could make. He said that the revenue was
not that much and he would hate to see youth groups not to be able to use facilities because of
an extra bit of revenue.
Council Member Feldhaus suggested that Ross Park be looked at for a gym facility and that it
be placed in the evaluation.
Mayor Daly said that Council had asked staff to plan a gym in west Anaheim and he agreed that
the City needed as many gyms as could be effectively planned and afforded.
Council Member McCracken said that priorities depended on funding and she was concerned
about how the priority would be balanced. She said that the City had extended youth programs
and had been buying parklands at $1 million per acre. She asked how improvements would be
funded and maintained. She supported doing everything possible to address the needs of the
young people in the community and it must be balanced with the all the other things that come
before the Council. She added that she believed that this was one of the priorities and the
facilities added in the City were more than most cities do in ten years.
Mayor Daly noted that Planning and Parks staff were beginning to identify some smaller sites of
less than ten acres which had great promise. He said that those sites could support a few
soccer fields, football, baseball and other facilities and he encouraged staff to continue to bring
those opportunities to Council.
Council Member Kring said that the City needed to look at sponsorships due to the softening
economy and there were a lot of large companies in Anaheim and California and their trustees
were looking for opportunities. She mentioned a park at the corner of Euclid and Katella in
Garden Grove where the facilities were used on Saturdays and Sundays for soccer and
baseball. There was a lot of density in the area with apartments and condos of and it was on
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 8
the boarder, adding that maybe the City could look at some type of cooperation between that
school district and Anaheim to open up the land as an avenue to help with the City's needs.
Mayor Daly recalled things done in other communities that were very creative and worth Council
consideration. He said he sensed that there was a desire by the Council to explore in greater
detail all the opportunities and he asked that staff bring Council those opportunities.
Council Member Tait pointed out that this was the first step and he felt that in no way should
essential City services be cut such as police, fire and general upkeep and he asked to see if the
money was there and if something could be done.
Council Member Tait moved, seconded by Mayor Daly, to direct staff to work on developing
more youth sports options and that it be considered a priority and that staff look into the options
and report back to Council in the form a workshop or through the Park Liaison Committee.
Motion carried unanimously.
Item 81 From Zonina Administrator Meetina of October 4. 2001: (No
action by City Council required unless expressly indicated. Council may
consider and act upon such matters at its discretion. Items requiring a public
hearing may be set for hearing at a later date upon the request of any two
Council members.) APPEAL PERIOD ENDS OCTOBER 24,2001:
179
81. ADMINISTRATIVE ADJUSTMENT NO. 2001-00214
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: David and Natalie Deese, 4910 E. Copa De Oro Drive
Anaheim, CA 92807
AGENT: Michael Migan, 2400 E. Katella, 5te. 640
Anaheim, CA 92806
LOCATION: 4910 CODa De Ora Drive. Property is 1.15 acres having frontages of 208
feet on the south side of Copa De Oro, and 174 feet on the north side of Nohl Ranch
Road having a maximum depth of 242 feet.
Waiver of minimum front yard setback to permit and retain an existing legal non
conforming, 2-story, single family residence in the RS-HS-22,000(SC) (Residential,
Single Family Hillside; Scenic Corridor Overlay) zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2001-00214 approved (ZA2001-38).
Items B2 thrauah B5 From Plannina Commission Meetina of October 8. 2001: (No action
by City Council required unless expressly indicated. Council may consider and act upon such
matters at its discretion. Items requiring a public hearing may be set for hearing at a later date
upon the request of any two Council members.) APPEAL PERIOD ENDS OCTOBER 30,
2001 :
179
82. CONDITIONAL USE PERMIT NO. 2001-04443
AND NEGATIVE DECLARATION:
OWNER: Mary Elaine Meyer Trust, 207 Via San Andreas
San Clemente, CA 92672
AGENT: Jeff Jonsson, 22365 EI Toro Road, Lake Forest, CA 92630
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 9
LOCATION: 1028 East South Street. Property is approximately 0.86 acre with a
frontage of 122 feet on the south side of South Street located 155 feet west of the
centerline of East Street.
To permit an auto repair facility in an existing vacant industrial building.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04443 granted for ten years to expire on October 8,
2011 (PC2001-146) (7 yes votes).
Negative Declaration approved.
179
B3. CONDITIONAL USE PERMIT NO. 2001-04410
AND NEGATIVE DECLARATION:
OWNER: Essex Wire, 1075 North Patt Street, Anaheim, CA 92801
AGENT: The Consulting Group, Attn: Paul Kim
18500 Von Karman Avenue, Suite 850, Irvine, CA 92612
LOCATION: 1075 North Patt Street. Property is approximately 8.43 acres with a
frontage of 1 ,280 feet on the west side of Patt Street located 30 feet south of the
centerline of Commercial Street.
To permit a telecommunications antenna and accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04410 denied (PC2001-147) (6 yes votes,
Commissioner Koos abstained).
Negative Declaration approved.
City Clerk Schroeder announced that a letter of appeal had been submitted by the Agent, The
Consulting Group. Public hearing scheduled for November 13, 2001.
179
84. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00001
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Office Max, 2781 West MacArthur Boulevard
Santa Ana, CA 92704
AGENT: Art Rodriguez and Associates, Attn: Peter Impala
709 East Colorado Boulevard, Suite 200, Pasadena, CA 91101
LOCATION: 620 North Euclid Street. Property is approximately 8.82 acres located at
the northeast corner of Euclid Street and Crescent Avenue (Smart and Final).
To allow the retail sales of alcoholic beverages for off-premises consumption within a
proposed market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determination of Public Convenience or Necessity No. 2001-00001 approved (PC2001-
148) (7 yes votes).
Mayor Daly asked to set this item for public hearing and asked staff to provide Council with
background information as to the change in use at the location and the affect of the proposal on
the City's investment in Anaheim Plaza, seconded by Council Member Feldhaus. Set for public
hearing on November 13, 2001.
179
85. CONDITIONAL USE PERMIT NO. 2001-04450
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Price Partners, 3818 East Coronado Street
Anaheim, CA 92807
Sherwin-Williams Company, P. O. Box 6027, Cleveland, OH 44101
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 10
AGENT: Rachel Price, 3818 East Coronado, Anaheim, CA 92807
LOCATION: 3818 East Coronado Street. Property is approximately 4.52 acres
located at the southeast corner of Coronado Street and Jefferson Street (Samson
Motors).
To permit accessory motorcycle sales in conjunction with a motorcycle parts
manufacturer.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04450 granted (PC2001-149) (7 yes votes).
6:00 P.M. PUBLIC HEARINGS:
168
C1. To consider a Resolution designating the north and south side of Minerva Avenue, from
Fann Street to Trident Street, as Permit Parking Area No. 13. A valid parking permit
issued in Area No. 13 at a cost of $1 0 would be required to park.
Traffic and Transportation Manager, John Lower, presented a report and stated that staff
recommended approval of permit parking. He said that a minimum, eighty percent, of the
affected property owners had signed the petition which met the Council Policy and he
recommended approval.
In response to Council Member McCracken, Manager Lower said that if the traffic or parking
spilled over to other single family streets, Permit Parking Area No. 13 would be expanded.
Mayor Daly opened the public hearing and hearing no public testimony, closed the public
hearing.
Mayor Daly offered Resolution No. 2001 R-271 for adoption.
RESOLUTION NO. 2001 R-271 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM designating Minerva Avenue between Fann Street and Trident
Street as a "Permit Parking Only" street (Permit Parking Area No. 13).
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
179
C2. CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT NO. 3124
CATEGORICALLY EXEMPT · CLASS 1:
OWNER: Sanderson Jay Ray, Attn: Lisa Lovely
2699 White Road, Suite 150, Irvine, CA 92614
AGENT: Bart Rainone, 3364 East La Palma Avenue
Anaheim, CA 92806
LOCATION: 3364 East La Palma Avenue. Property is approximately 2.79 acres with
a frontage of 252 feet on the north side of Riverside Freeway, accessed by 32-foot wide
access easement on the south side of La Palma Avenue, located 1,240 feet east of the
centerline of Shepard Street (Concourse Bowling Alley).
To modify the operational conditions for an existing bowling alley to permit live
entertainment and a cover charge for promotional events as an accessory use to the
existing bowling alley.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 11
ACTION TAKEN BY THE PLANNING COMMISSION:
Proposed modification to Conditional Use Permit No. 3124 denied (PC2001-1 01) (4 yes
votes, Commissioners Bristol, Eastman, Koos and Vanderbilt, Commissioners Boydstun
and Arnold voted no and Commissioner Bostwick absent).
Public hearing scheduled September 25, 2001.
Informational item at the meeting of August 21 , 2001. Appeal of the Planning
Commission's decision requested by Agent, Bart Rainone and review requested by
Council Members Kring and Tail. Continued from the Council meeting of September 25,
2001, Item C1).
Zoning Division Manager, Greg Hastings, presented a staff report and a history on the
conditional use permit. He stated that the applicant was asking to amend the conditional use
permit to allow teenage oriented live entertainment and a cover charge to enter the building and
the proposed hours would be 9:00 P.M. to 3:00 A.M. on Fridays and on Sundays prior to a
Monday holiday for a maximum of six Sunday nights per year with up to 1 ,000 patrons. A light
show and live entertainment or disc jockey would be provided subject to a cover charge. On
Fridays, he said, the applicant proposed a rock and bowl format with a cover charge for the disc
jockey. No alcohol would be served and patrons could dance but would not be encouraged
because the zone did not allow dance halls. Zoning staff, Community Development staff and
Police Department all recommended denial of the request to modify the conditional use permit
based on issues associated on a large concentration of teenagers at such later hours, and
unsupervised activities outside the building, he added, which could negatively affect the
surrounding industrial and office properties. He noted that the Police Department reported that
the crime rate of 205 percent above average and the Planning Commission denied the request
based on the information.
Council Member Kring noted that there were currently no violations at the establishment as
reported by Code Enforcement.
Manager Hastings stated that Planning Commission had discussed other conditions if the
conditional use permit were to be approved; however, the Planning Commission had denied the
request. He said that some of the conditions were that if the item were to be approved, that it
be approved for a short time period. Other conditions were that the number of persons be
limited to less than what the applicant was originally proposing and that there be some
limitations placed on the cover charge, if this was approved, he added.
Council Member Feldhaus noted that this had been a use that was not permitted in an industrial
area and since that time, he said, there were others who had gone to retail in an industrial zone.
He said that there had been a set of permitted uses that could accompany the industrial area
provided that it served the industrial area. He expressed his concerns as to whether a teenage
dance hall would serve the area. He said that teenagers needed a place to go and he said he
did not think that they ought to stay until 3:00 A.M. and he said that Council might want to look
at continuing to allow different uses in the industrial zone.
Mayor Daly opened the public hearing.
Bart Rainone, 7283 Columbus Drive, operator of the facility at 3364 East La Palma Avenue,
said that the 205 percent above average crime rate in the district was caused due to the fact
that Fry's Electronics was a new operation and had many shoplifting complaints. Mr. Rainone
said that his facility had 22 calls for police service in one year and nine of the calls were for 911.
He said he believed that the Concourse was not the cause of the 205 percent increase. He said
, . .".~ c'" '....-k"C...," ..___~-.-...-,...~ ,","A
i.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 12
that they were a compatible industrial use in the area and he added that the people in that
industrial area used that facility at lunch and after work. He said that he was not trying to
change the bowling center and that there was not a conflict with the industrial center. He
explained three reasons that made the request different than in 1998 and the first was due to
the changing economic conditions. Three years ago, he noted that they were charging cover
charges that produced $50,000 in revenue and in the last three years, the leagues had dropped
by $120,000 which was a local, State and national problem affecting all bowling centers. He
said that the compiled loss of revenue was $170,000 which totally affected the Concourse cash
flow. He said that five bowling centers were either closing or had filed bankruptcy and he was
asking for a special program for under-aged children. He said that there would be special nights
geared for children fifteen years and older and the bar would be shut down and the children
would pay for unlimited bowling during the three hours and a bounce back coupon for a later
date. He said 97 percent of the time the Concourse was strictly a bowling operation and that
the Concourse did not want to be in the night-club business. He said that the Concourse would
stay a bowling center 97 percent of the time and he noted that the permission for the three-hour
event would be automatically cancelled upon sale. Mr. Rainone said that if it were not for the
zoning, the Concourse would not be asking and it was the perfect building and location. He said
that every bowling facility across the nation had a problem with the children under 18 years of
age. He said that he was proposing an underage club of 15 years old and older with the bar
shut down and locked up. The cafe would be open for food and sodas, with unlimited bowling,
arcade, live disc jockey and two or three small, specified areas with lighting for dancing. He
concluded by saying that the Concourse Bowl brought in people from all over the County and it
paid sales tax on the revenue. The Concourse allowed the disabled programs to bowl during
the week, virtually free, and they worked with City summer programs for outings for the children
as well as the YMCA Scouts and Guides.
In response to Mayor Daly, Mr. Rainone confirmed that the hours of operation at the Concourse
would be 10:00 P.M. to 1 :00 A.M. instead of 9:00 P.M. to 3:00 A.M.
In response to Council Member Kring, on the six Sunday's before a holiday, the time would go
back to 7:00 P.M. to 2:00 A.M. Council Member Kring asked if the Concourse would have
financial success if the hours were 10:00 P. M. to 1 :00 A. M. and Mr. Rainone said that he
believed it would. He said that the Concourse was not doing the cover charge any longer, but
was doing the pre-sale bowling.
In response to Mayor Daly, Mr. Rainone said the hours for the six Sundays per year that were
prior to the holiday would be 7:00 P.M. to 2:00 A.M. and the Friday night operation would be
from 10:00 P.M. to 1:00 P.M.
In response to Council Member Tait, there would be no liquor served and the bar would be
locked down.
In response to Mayor Daly, there was a three-person staff that ran the facility seven nights per
week. Any time the special events were done, he said, they hired an outside service and there
would be twelve to seventeen security officers at the facility.
Council Member Feldhaus commented that the Wonderbowl and the Anaheim Bowl were in
commercial zones and it was different than being in industrial zones. He asked about the hours
of operation and Mr. Rainone stated that the hours for the six Sunday nights per year were
virtually the same as on Fridays.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 13
Stephanie Perry, 216 South Mohler Drive, representative of Concerned Citizens of the Canyon,
offered support of the Concourse. She said that the canyon area was in need of facilities to
house the children at night and she said that this was a plan to keep the children off the streets.
Mayor Daly closed the public hearing.
Mayor Daly expressed his support of the Concourse if there was a strict limit on length of time
on the permit. He suggested that there be a time limit and the applicant would then apply to
renew for this modification of the permit. He noted that he would not be comfortable with a time
limit longer than six months.
Planning Director, Joel Fick, suggested that the Council incorporate the conditions as
suggested, regarding the on-site security since that would factor into the Police Department's
comfort level with that time period.
Police Sergeant, Randall West, expressed his concerns and said that he would be more
comfortable stating that the number of uniform security guards be determined by the Police
Department depending on the crowd that they anticipated for the event.
Director Fick said he believed that the applicant had said that the need was twelve to seventeen
security guards, depending on the crowd that appeared. He suggested that the security
personnel be up to seventeen officers or as determined by the Police Department.
Council Member Tait said that granting the permit for three years seemed more reasonable or
maybe a compromise between the two suggested times.
Mayor Daly said he was concerned and would like to deal with any problems on a shorter
notice. He asked for a shorter period of time than Council Member Tait had suggested.
Council Member Kring suggested an eighteen-month time limit and she noted that Code
Enforcement and Police could monitor the Concourse. Council Member Tait agreed with
Council Member Kring.
In response to Council Member Feldhaus, Sergeant West said that the Police Department
would like to see qualified, certified, trained security personnel and professional staff. He said
that it would be incumbent upon the applicant that he hire profession staff and people to protect
the welfare of the citizens and to keep the calls and need for police service to a minimum.
Sergeant West stated that Bobby Jean Rainone, Mr. Rainone's mother, had visited the Police
Department and said that she did not approve of the events that were going on. She asked that
the Police Department help her end the parties and the drug and alcohol activities that she saw
going on there. Sergeant West stated that coincidentally, the night after Ms. Rainone's
appearance, the police were in the parking lot of the Concourse Bowl and stopped a vehicle
with three or four occupants, one of which was arrested for narcotics. Brandon Rainone came
out of the Concourse Bowl and identified the subject as an employee of the bowling alley.
Sergeant West said that there was fencing outside.
Mayor Daly asked if the fencing would be allowed under the current permit and Director Fick
said that it would not. Director Fick said that it could be brought back for review by Planning
Commission or Council.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 14
Mr. Rainone mentioned that he was having trouble with his mother and that she had no legal
right to the bowling center and that it was owned by his father. He said that the freeway side
was fenced off so that the children could walk out to smoke and that way they could not leave
the facility without going through the front door. He said that a complete pat down search was
done on every person that walked through the door so that there would be no alcohol or
weapons. Mr. Rainone said that out of the twelve to seventeen security people, two or three
were outside and one was on the roof.
Council Member McCracken commented that she had not seen the fencing condition in any of
the documents and it was not in the previous conditional use permit.
Planning Director Fick told Council that the Code did not allow outdoor uses such as the fence
and all the activities must be conducted inside the building.
Council Member Feldhaus said that there should be a lesser time limit to the conditional use
permit for its operation initially to make sure that there was compliance.
Mayor Daly said he agreed with Council Member Feldhaus and said that he would be willing to
grant the conditional use permit for nine months to give the applicant extra time to file the
paperwork for the renewal. He said he would not support anything longer than that. He
suggested that an additional condition from the Police Department be added.
Planning Director Fick stated that there was a substantial parking variance approved when the
bowling alley use had originally come in and he said that Planning wanted to confirm that the
parking was available to accommodate the suggested use. He said that staff could work with
Mr. Rainone administratively and confirm that the number of parking spaces that were available
or required with the original permit were still available on site. Alternatively, he added that the
item could be continued to obtain 100 percent confirmation on the parking situation.
Council Member Kring did not wish to continue the item and she added that a lot of parking
would not be necessary since the children ages 13 to 16 would not be driving. Most of the
children would be dropped off by parents, she said.
Planning Director Fick stated that it was a matter that the existing approval on site required a
certain number of parking spaces to be available at all times.
Council Member Kring suggested not having an outside smoking area available to the children
and avoid anything with a chain link fence. Planning Director Fick said that there could be a
condition attached that would eliminate that issue.
Mayor Daly summarized by saying that Council Member Kring suggested that the parking
should be handled administratively and that no smoking be allowed.
Planning Director Fick stated that the Code required that all activities be conducted within the
building and that would be consistent
Council Member Kring moved, seconded by Council Member Tait, to approve the CEQA Finding
of Categorically Exempt, Class 1. Motion carried unanimously.
Council Member Kring offered a resolution supporting Conditional Use Permit No. 3124 with
twelve to seventeen security guards as discussed; Friday hours to be 10:00 P.M. to 1 :00 A.M.;
-"" .~., .."._',."'....~ '.........~"'~~'=-'-,.~"~
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 15
six Sundays before Monday holidays the hours shall be 7:00 P.M. to 2:00 A.M.; no drinking; no
alcohol for a period of one year, and incorporating all other conditions as listed in the Planning
Commission staff report.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 3124 AND AMENDING THE CONDITIONS OF APPROVAL THEREFORE
AS SET FORTH IN RESOLUTION NO. 89R-243.
Roll call vote: Ayes - 2, Council Members Kring and Tail. Noes - 3, Mayor Daly and Council
Members Feldhaus and McCracken. Motion failed to carry.
Council Member Feldhaus offered Resolution No. 2001 R-272 in support of Conditional Use
Permit No. 3124 with twelve to seventeen security guards as discussed; Friday hours to be
10:00 P.M. to 1:00 A.M.; six Sundays before Monday holidays the hours shall be 7:00 P.M. to
1 :00 A.M.; no drinking; no alcohol for a period of nine months to expire July 23, 2002, and
incorporating all other conditions as listed in the Planning Commission staff report.
RESOLUTION NO. 2001 R-272 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT NO. 3124 AND AMENDING THE CONDITIONS OF APPROVAL THEREFORE
AS SET FORTH IN RESOLUTION NO. 89R-243.
Roll call vote: Ayes - 5, Mayor Daly and Council Members Kring, Tait, Feldhaus and
McCracken. Noes - O. Motion carried.
179 C3. CONDITIONAL USE PERMIT NO. 3400
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Lederer Anaheim, Ltd., Attn: L. Les Lederer
1990 Westwood Boulevard, 3rd Floor, Los Angeles, CA 90025
AGENT: Farano and Kieviet LLP, Attn: Thomas G. Kieviet
2300 East Katella Avenue, #235, Anaheim, CA 92806
LOCATION: 1440 South Anaheim Boulevard. Property is approximately 14.74 acres
located north and east of the northeast corner of Cerritos Avenue and Anaheim
Boulevard (Anaheim Indoor Marketplace).
Requests modification or deletion of a condition of approval pertaining to removal of a
non-operable legal nonconforming, freestanding electronic readerboard pole sign in
conjunction with an existing indoor swapmeet.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied modifications to conditions of approval to Conditional Use Permit No. 3400
(PC2001-22) (4 yes votes, Commissioners Boydstun and Eastman voted no, and
Commissioner Bostwick abstained).
Informational item at the Council special meeting of September 18, 2001, Item B10.
Letter of appeal submitted by Agent, Tom Kieviet with Farano and Kieviet.
Planning Director, Joel Fick, stated that the condition under discussion required the removal of a
63-foot high, 363 square foot freestanding sign that had been constructed in 1973. Director Fick
gave the history on the conditional use permit stating that in August 2000, Council reinstated the
swapmeet for an additional ten years, subject to refurbishing the landscaping and parking lot,
and removal of the sign. The applicant was given one year to remove the sign by August 29,
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 16
2001. He added that there was, in addition to this sign, a second pylon sign of 25-feet on
Anaheim Boulevard.
Tom Kieviet, Farano and Kieviet LLP, 2300 East Katella Avenue, #235, representative of the
applicant, Lederer Anaheim, Ltd., requested modification of Condition No. 60 of Conditional Use
Permit No. 3400. This would allow the existing sign next to the building to remain in place until
the expiration of the conditional use permit which had been granted last year for a period of ten
years. He said that Lederer felt that circumstances in the area had not changed to make it
necessary or appropriate for the sign to come down. He noted that an application had been
made to extend the sign condition prior to the expiration date of the removal of the sign. He
mentioned that the Planning Commission vote was four to two and that there were Commission
Members that felt that there was nothing wrong with keeping the sign. He told Council that they
had met all other conditions when the extension was granted last year. He said that the parking
lot was resurfaced and re-striped, 60 juniper trees were placed on the north fence line, ten
additional parking lot trees were installed, new ground cover was planted on Anaheim
Boulevard and in addition, he listed the improvements made beyond what the conditions of the
conditional use permit had asked for. The existing sign next to the building was not in a
dilapidated state and it was not an eyesore to the neighborhood. The sign was not on Anaheim
Boulevard and did not cause visual blight to the neighborhood and did provide the necessary
marketing and visibility for the marketplace. Mr. Kieviet said that from the street and because
the City required landscaping on Anaheim Boulevard, it hid the building and other sign closer to
the street from public view. The existing sign next to the building was consistent with, no worse
than and was even less visible than many other signs along Anaheim Boulevard, he added. Mr.
Kieviet submitted photos to the Council and noted that most of the signs on Anaheim Boulevard
were comparable to the sign that they asked remain at the Marketplace.
Mr. Kieviet stated that the Marketplace and its vendors needed a visible sign that would attract
businesses and it was a big building and needed a big sign. He said that there was no benefit
to the City or community in taking the sign down. He asked that the City take the welfare of the
small business citizens into account and taking the sign down would serve to demoralize the
170 plus business owners that the Marketplace had on site. He noted that the businesses were
already hurting from the economic and tourist downturn and he asked that they be allowed to
maintain their marketability.
Mr. Kieviet asked to correct the Planning Department staff report and he said that the sign was
identified as an electronic reader board sign back in the 1970's and it was such at that time. He
said it was not now an electronic reader board, it was a permanently fixed sign that could not
change and would not cause distraction or be blight in the area. He said that they had shown a
good faith effort to comply with all the other conditions on a timely basis and he added that the
Marketplace was taking additional steps to make the property attractive. He pointed out to the
Council that the Marketplace was part of the South Anaheim Boulevard Overlay Zone and he
referred to 18.56.080.0401 of the Anaheim Municipal Code and said that non-conforming signs
would have a fifteen-year amortization. He noted that the Marketplace had been compelled as
part of the conditional use permit process to remove the sign within the one year time frame and
yet the overlay zone appeared to allow non-conforming signs to remain for up to 15 years. He
asked Council to consider that portion of the Code and he said that moving the sign would hurt
the vendors.
Raul Cantu, 1440 South Anaheim Boulevard, Space F4, told everyone that he had been doing
business as a small pet shop owner for nearly five years at the Marketplace. He said that the
sign was a tool for his business to let the public know that his business was there. He noted
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 17
that after the construction on Anaheim Boulevard had ended, the incident happened on
September 11, 2001 and the business had another drop. He asked the Council to leave the
sign up at the Marketplace until the permit expired.
Carlos Almanez, worked at the restaurant inside of the swapmeet for the last nine months and
he said that the sign attracted more people because it was big and visible. He said that since
September 11, 2001, they had felt the effects of the slow down and he hoped that people would
start coming in and that the big sign did a lot for the business.
Mr. Kieviet emphasized that the removal condition was in place due to the anticipation of
Redevelopment activity in the South Anaheim corridor area that would justify the need to take
the sign down and reconfigure a different sign. He said that he did not believe that had
happened yet and the Marketplace did not want to impede that from happening and he felt that
it was premature to require the sign to come down when the disadvantage to the vendors could
be rather substantial. He asked for additional time to remain in place to see if the area started
converting and if it did, then at that point in time the sign may come down.
Mayor Daly closed the public hearing.
Council Member Kring commented that as a community and Council she said she believed that
they should help the business owners and to encourage people to stay and shop in the City.
She said that signs were a unique way to identify different businesses. She noted that the sign
that Council had allowed was very difficult to see due to the shrubs and the landscaping. She
said that there needed to be a sign that would allow people, coming from the freeway, know that
there were stores there, particularly since the September 11 th incident. She said she would be
in favor of having the Marketplace keep the sign until it was no longer a swap meet. She said
that if the Code called for a fifteen-year amortization for a non-conforming sign, then she
believed that it would be fair to treat the business the same way.
Council Member Feldhaus noted that these were legally non-conforming signs because they
were approved before the new sign ordinance went in. The Market place sign would have
remained the same, he said, except an agreement was entered into last year when a good faith
trade off was made. He said that the Indoor Marketplace did not depend on the sign for
identification because it was a destination venue and was well attended, he said. The
conversion of Anaheim Boulevard had to begin somewhere, he said, and the Marketplace
agreed to help facilitate that.
Council Member Tait said that some of the small businesses there, not visible from the street,
needed some relief since times were tough. He said that he believed that just an extension until
things began to move on Anaheim Boulevard and then they would be willing to take it down.
Council Member McCracken stated that one year ago this sign was not functioning and it was
agreed to be removed. She asked if the painted sign was legitimate and added that it had never
been approved.
Director Fick stated that the sign had been authorized to be there for the one year period under
the last permit. He noted that it had been non-operational electronic sign for the duration of the
time that the swapmeet had been there.
Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of
Categorically Exempt, Class 1. Motion carried unanimously.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 18
Mayor Daly offered Resolution No. 2001 R-273 denying the modification or deletion.
RESOLUTION NO. 2001 R-273 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF
APPROVAL IN CONDITIONAL USE PERMIT NO. 3400, AS SET FORTH IN
RESOLUTION NO. 91R-165, AS AMENDED.
Roll call vote: Ayes - 3, Mayor Daly and Council Members McCracken and Feldhaus.
Noes - 2, Council Members Kring and Tait. Motion carried.
Mayor Daly requested that staff keep the Council apprised in connection with the conditional
use permit.
179 C4. CONDITIONAL USE PERMIT NO. 2001-04411
AND NEGATIVE DECLARATION:
OWNER: Southern California Edison, 2244 Walnut Grove Avenue Rosemead, CA
91770
AGENT: The Consulting Group, Attn: Paul Kim
18500 Von Karman Avenue, Suite 870, Irvine, CA 92612
LOCATION: 2720 West Yale Avenue. Property is approximately 3.9 acres with
frontages of 265 feet on the south side of Yale Avenue and 265 feet on the north side of
Lincoln Avenue located 240 feet west of the centerline of La Reina Circle.
To permit a telecommunications antenna and accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04411 granted for five years to expire on September
10, 2006 (PC2001-128) (5 yes votes, Commissioner Arnold abstained and
Commissioner Koos declared a conflict of interest).
Negative Declaration approved.
Informational item at the Council meeting of October 2, 2001, Item 82. Review of the
Planning Commission decision requested by Mayor Daly and Council Member
McCracken).
Council Member Tait declared a potential conflict of interest and stated that he would be
abstaining on the item.
Planning Director Fick presented a staff report and stated that this was a conditional use permit
for Cingular to co-locate their antennas on a transmission tower, the same one as Nextel that
was recently approved by Council. He said that the proposal was for three flush mounted
panels which were parallel or nearly parallel to the metal structure of the tower that would be
placed 62 feet high and one 24-inch microwave disc to be placed 72-feet high. This included a
revised ground mounted equipment building with a stucco finish and tile roof similar to the other
proposals that Council recently approved, he said. Based on the revised proposal, staff
recommended approval of the project. Since the item was set for a hearing, Director Fick noted
that Planning had worked with the applicant and received the revised equipment storage that
had the stucco and tile roof.
Mayor Daly noted that Planning staff no longer recommended denial and he asked Director Fick
if there were any additional conditions suggested to reflect the new design. Director Fick said
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 19
that he believed that the conditions would still be adequate with the only variation being that the
plans currently on file would be the exhibits.
Mayor Daly opened the public hearing.
Paul Kim, Agent for The Consultant Group, representing Cingular Wireless, concurred with
staff's recommendations. He said that the project could be co-located on a facility that had
considerable height. The panel antennas were flush mounted to the legs in a parallel manner
where it was almost part of the legs, he said. He had no problems making the shelter consistent
with the one that was approved for Nextel, only as a manner of aesthetics.
Mayor Daly closed the public hearing.
In response to Mayor Daly, Planning Director Fick stated that there would be three flush-
mounted panels and one small microwave dish and there would be co-location on the site.
There were four existing panels from Nextel on this tower. Since these were of the flush
mounted type and because of its co-location in the one spot, he said he believed that it was the
best alternative possible.
Planning Director Fick stated that he and Assistant City Manager, Tom Wood, had meetings
with Southern California Edison. He said they had moved ahead with the discussions that came
out of the direction from the last Council meeting pursuing alternatives to the easements in
terms of recreation and open space uses.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Negative Declaration. Motion carried. Council Member Tait abstained.
Mayor Daly offered Resolution No. 2001 R-274 in support of the application as recommended by
the Planning Director.
RESOLUTION NO. 2001 R-274 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHIEM GRANTING CONDITIONAL USE PERMIT NO. 2001-04411
FOR A PERIOD OF FIVE YEARS, TO EXPIRE ON OCTOBER 23,2006.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring.
Noes - O. Council Member Tait abstained. Motion carried.
Report on Closed Session Actions: None.
Council Communications:
Council Member McCracken noted that she was the City's representative on the Orange County
Transportation District and that they were looking seriously at the issue of full secondary
treatment of sewage. She noted that before the Sanitation District took a vote, staff was looking
at the new techniques, air quality issues, disposal of increased bio-solids, additional sewage
facilities that would have to be built in their location and they were looking at the cost to
residents and businesses.
Council Member McCracken asked that the remaining fifteen to seventeen Charter amendments
not placed on the November 2000 ballot be agendized so that Council could decide if any of
them would be placed on the March primary ballot.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 23, 2001
PAGE 20
Council Member Kring noted that a Veteran's Day celebration would be held on November 10,
2001, at the Veteran's Memorial on Center Street Promenade.
Council Member Feldhaus announced that October 27,2001, the Halloween Fall Festival and
Parade would be held starting at 8:00 A.M. with a pancake breakfast at the Downtown
Community Center. The parade begins at noon with Dr. Tracey Caldwell as Grand Marshal.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 8:41 P.M.
Respectfully submitted:
~
Sheryll Scflroeder, CMC/AAE
City Clerk
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