2001/10/02
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
OCTOBER 2, 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, City Attorney Jack White, City Clerk Sheryll
Schroeder, Convention Sports and Entertainment Manager Greg Smith, Human Resources
Director, David Hill, Planning Director Joel Fick, Executive Director of Community Development
Elisa Stipkovich, Zoning Administrator Annika Santalahti.
A copy of the agenda for the meeting of the Anaheim City Council was posted on
September 28, 2001, at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:05 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION: None.
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 3:06 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 LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Melendrez v. City of Anaheim, Orange County Superior Court Case No.
OOCC08191.
3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Employee organizations: Anaheim Municipal Employees Association and all
unrepresented management employees.
4. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS:
Titles: City Manager, City Attorney, City Clerk, City Treasurer
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Anaheim Firefighters Association, IAFF, AFL-CIO and City of Anaheim.
Binding arbitration concerning incentive pay for firefighters assigned to urban search and
rescue
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 2
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 2, 2001, to order at 5: 12 P. M. and
welcomed those in attendance.
INVOCATION: Moment of Silence
FLAG SALUTE: Council Member Kring
PROCLAMATIONS AND DECLARATIONS:
Proclaiming October 1 - 6, 2001, as LULAC Senior Citizen Week.
Proclaiming October 7 - 13, 2001, as National Fire Prevention Week and October 13, 2001, a
day of remembrance.
Mayor Daly thanked everyone who participated in the memorial observance on September 28,
2001, at Pearson Park Amphitheater.
Recognitions to be presented at a later date were: Proclaiming October 2001 as Arts and
Humanities Month.
Mayor Daly asked the City Manager, in light of what had happened nationally and
internationally, to bring to Council recommendations as soon as they could be compiled,
regarding the police and fire capabilities; in particular, equipment and facilities. He noted that
there was a fire facility on Euclid Street that the construction/rebuilding had been delayed due to
a contractor issue. He said that it seemed to him in these times of war that the City needed to
emphasize any and every capability locally. He said to especially make sure that public safety
personnel had the benefit of extra advantage in terms of facilities and equipment.
At 5:25 P.M., Mayor Daly recessed the City Council meeting until after the Anaheim Housing
Authority meeting.
Mayor Daly reconvened the City Council meeting at 5:31 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade, Golden Skies Mobile Home Park, 100 West Midway Drive, Space #124,
expressed opposition to the decision of Mayor Daly, Council Member Feldhaus and Council
Member McCracken relating to low income families on Lincoln Avenue. He also referred to
incidents with the police department.
Alma Ramirez, Golden Skies Mobile Home Park, 100 West Midway Drive, expressed her
concern about the way the police department handled threats and damage to her property at the
Golden Skies Mobile Home Park.
Leonard Lahtinen, 2731 West Savoy Place, spoke with regard to the events of September 11,
2001 and stated that last week the Islamic Halal Tandouri restaurant in west Anaheim was
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 3
severely damaged by fire. The owner, Akbar Alii, had become a United States citizen seven
years ago. Mr. Lahtinen had taught a citizenship class for adults preparing to become United
States citizens and those adults were dedicated, diligent to learn about and appreciative to be in
the United States, he emphasized. He asked that if the fire was arson, that there be a reward
given in leading to the perpetrator.
Larry Slagle, Yellow Cab Company, 1619 East Lincoln Avenue, had submitted a request that
the taxi cab franchise issue be continued. He stated that at the Council meeting of September
25, 2001, the franchise issue had been continued to November 6, 2001 to follow bankruptcy
court action regarding one of the taxicab operators. He said that the November 6 date
conflicted with the National Taxi Cab Association Annual Trade Show and Conference and he
requested that the taxi cab issue be continued to November 13, 2001.
City Attorney, Jack White, stated that if Council were inclined to continue the matter it would be
necessary to schedule the taxi franchise item for the next Council agenda for action on the
request for continuance since the item was not on this agenda. It could then be continued past
the date that it was set for in November.
Mayor Daly moved, seconded by Council Member Feldhaus, that the taxi cab franchise issue be
placed on the agenda of October 16, 2001, so that the Council could vote on the continuance.
Motion carried unanimously
Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by
Council Member McCracken. Motion carried unanimously.
150
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A17: 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. Item A 13 was acted upon separately. Mayor
Daly offered Resolutions Nos. 2001 R-248 through 2001 R-253 and Ordinance No. 5785 for
adoption. Motion carried unanimously except for Item A 13.
A 1. Approve and authorize the Finance Director to execute the escrow agreement and
award the contract to the lowest responsible bidder, Channel Islands Paving, Inc., in the
amount of $113,600 for the Peter Marshall Park Play Area Improvement.
175
A2. Approve and authorize the Finance Director to execute the escrow agreement and
award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount
of $3,059,999.85 for the Underground District No. 39/0range Avenue Project.
123
A3. Approve and authorize the Mayor and City Clerk to execute the all-inclusive Settlement
Agreement by Judgment and Final Order of Condemnation to finalize all business
goodwill claims, compensation and damages for property located at 1460 and 1480
South Harbor Boulevard and authorize the payment of $100,000 to R&M Food Services
dba Millie's Country Kitchen.
123
A4. Approve the agreement with the County of Orange for provision of the Juvenile Court
Work Program for weed abatement.
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160
174
174
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153
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ANAHEIM CITY COUNCIL MEETING MINUTES
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A5. Approve and authorize the Public Utilities General Manager to execute an amendment to
the agreement with Regulus Integrated Solutions, LLC for an increase in fees for utility
bill file reproduction at a cost not to exceed $11,000 per year.
A6. Accept the bid of A.Y. Nursery, Inc., in an amount not to exceed $110,509 (including
tax), for sixty-seven tree species for the Releaf and TreePower Programs, for a period of
one year with four one year optional renewals and authorize the Purchasing Agent to
execute the renewal options in accordance with Bid #6209.
A7. RESOLUTION NO. 2001 R-248 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the application for grant funds for urban recreational and
cultural centers, museums, and facilities for Wildlife Education or Environmental
Education Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000 for the Oak Canyon Nature Center Project.
174
AB. RESOLUTION NO. 2001 R-249 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the application for grant funds for urban recreational and
cultural centers, museums, and facilities for Wildlife Education or Environmental
Education Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000 for the Toyon Park Performance Plaza Project.
A9. RESOLUTION NO. 2001 R-250 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the application for grant funds for urban recreational and
cultural centers, museums, and facilities for Wildlife Education or Environmental
Education Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000 for the Twila Reid Performance Plaza Project.
A 10. Approve an agreement with the Magnolia School District, in the amount of $49,946, to
provide second-year funding of a "Kids in Action" youth development and sports after-
school program at the Salk Family Resource Center.
153
A 11. RESOLUTION NO. 2001 R-251 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing rates of compensation for classifications assigned to
the Utilities Unit represented by the International Brotherhoood of Electrical Workers,
Local 47.
A 12. RESOLUTION NO. 2001 R-252 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing rates of compensation for classifications assigned to
the Utilities Unit represented by the International Brotherhood of Electrical Workers,
Local 47.
A 13. RESOLUTION NO. 2001 R-253 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 00R-123 which established rates of
compensation for classifications designated as Administrative Management (creation of
Convention/ Sports/Entertainment Administrative Operations Manager, effective August
17, 2001). (Continued from the Council meeting of August 28, 2001, Item A 13).
Mayor Daly suggested that this item be held due to the current budgetary review under way and
some of the uncertainties regarding revenues. He said that Council would have a chance to
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
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look at the City's finances at the mid-year budget workshop and said that he felt that it was to
premature to make the decision on this position.
Council Member McCracken said that this position was reclassified to a lower position with
$10,000 less salary and the job still needed to be done.
Mayor Daly questioned the need for the position, whether it was at the previous range or the
proposed range. He once again asked to reconsider the position in three months.
Council Member Tait expressed support of Mayor Daly's suggestion. He said that Council
needed to look at everything and that a three month wait would not create much damage.
Council Member McCracken said that she felt that it was saving money by a reduction of
$10,000 a year in salary and the job of overseeing the contracts to the Stadium and Pond still
had to be done. Even if the City had lost conventions, there were still more conventions than
ever. She said that the responsibilities at the Convention Center had not reduced but increased
and to put this off for three months would mean that someone else was absorbing the work and
may not be able to do their work in order to provide the City with a first class Convention Center.
Council Member Kring asked City Manager Ruth if the Convention Center was getting along
since the position had not been filled in several months and City Manager Ruth said that the
Stadium and Convention Center Manager, Greg Smith, had prepared a very comprehensive
analysis of the position and the need for it and the analysis had been submitted to the Council.
He said that Manager Smith felt, based on the amount of work or bookings that had come in,
that there was a need for the position and City Manager Ruth concurred. He added that the
classification had been reduced by $10,000 per year and in speaking with the Stadium,
Convention Center Manager, he said that the workload was extremely heavy. The other
employees had absorbed the workload for a short period of time but it was beginning to wear
thin on the employees and there was a impact on the organization. City Manager Ruth said that
he and the Administrative staff reviewed every vacancy in the City prior to filling the vacancy.
Mayor Daly said that he understood it to be an oversight of Stadium and Pond parking issues
and contract compliance issues and not so much involved in the Convention Center.
City Manager Ruth said that it was his understanding that fifty percent of the time for the
position would be expended on Convention Center activities and operations.
Council Member Feldhaus said that the General Manager of the Convention Center gave
Council a good job description of the classification and he said that he did not wish to
micromanage the Convention Center since the General Manager had about twenty years of
experience there. The classification had already been downgraded, saving the City about
$10,000 a year in labor costs and Council Member Feldhaus did not see any reason why the
position should not be filled.
Mayor Daly said that he did not want to spend tax payers money for someone to oversee the
parking operations at the Stadium and Pond when there were professional people who were
supposed to be doing that.
In response to Council Member Tait, Greg Smith, Executive Director of Convention, Sports and
Entertainment Department, deferred the question regarding rates of compensation to Human
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ANAHEIM CITY COUNCIL MEETING MINUTES
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Resources. Before doing so, Mr. Smith responded to the revenues that were generated by
Stadium and Pond and he said that the City was involved in a partnership with Anaheim Sports
on revenue sharing. He said that one of the responsibilities of the position was to ensure that
the City was sharing in the revenues of the parking or other events conducted on the Stadium
property. He said that additionally, the City conducted its own Stadium parking lot events that
amounted to about $120,000 per year and the position monitored contract compliance with both
the Disney contract and the Ogden contract for the Pond. He said that the City also participated
in the costs and revenues of the Pond. There was a lot of administrative detail involved and
revenue at stake and those were very valuable properties owned by the City deserving
adequate attention to ensure that the City's interests were protected. He said that maintenance
standards at the Pond were by contract obligated to comply repair maintenance of the facility to
ensure that when the City took position of the property, that it was still a viable facility and still in
good shape and that the City's assets were protected. Mr. Smith responded to Council Member
Feldhaus by saying that if he did not have the position in question, he would have to take care
of it and he did not have time for that.
City Manager Ruth said that Manager Smith had to also oversee the capital improvements,
which were required by contract and were in the millions of dollars.
Manager Smith stated that each contract at the Pond and at the Stadium required that Ogden or
Anaheim Sports invest a certain amount of money each year to do improvements to the facility.
He added that at the Stadium was about an $800,000 year investment required to be made. He
said that the position ensured that the money was being spent on the facility and not on normal
operations.
Mayor Daly expressed his concern that Manager Smith could not uphold the compliance to the
City standards himself.
Manager Smith said that there had always been a dedicated position there. In response to
Council Member Kring, this was to back fill the position following a retirement. Mr. Smith stated
that he had an in-house recruitment that he had in mind and Council Member Kring added that
there was a need for someone to oversee the contracts and it was a revenue generating
position. She said that Council could look at back filling the other position in the future.
Mayor Daly noted that he had tried to operate those enterprises with a maximum return to the
taxpayers. He said he respected that money must be spent to guard the City's investments and
assets and said that he believed that there was enough of a management structure in place to
do that. He said that money saved in managing the facilities was money to spend on police,
fire, parks or something of interest to the neighborhoods. He said that he believed that the
Council should be leaner with the management structure and this was an opportunity to scale it
back.
Council Member Kring asked if the position could be done on a consulting basis or if it had to be
a full-time position. Manager Smith said that the position required continuity, someone that was
with the City that would have knowledge, experience and an understanding and the position
was funded between the Convention Center budget and half from the Stadium budget. It did not
come out of the general fund, he said.
Mayor Daly added that money saved from those budgets would be available to the general fund.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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City Manager Ruth said that when Manager Smith took over the operation of the Stadium and
Convention Center, thirteen percent of management personnel had been cut and several
hundred thousand square feet had been added to facilities.
Manager Smith said that in 1995, the number of staff at the Convention Center had been scaled
down and then as the facility grew, he said he took the approach to add staff as he saw that it
was needed, and he added that his goal was to continue to give the best bottom line return to
the City.
Council Member Tait said that Council had to prioritize where the money would be spent. He
said that since this was an unfilled management position he would like to compare it to other
items as Council went through the budget. He said that he would not place overseeing the
Stadium and Pond as something he would add since other positions could possibly be cut or
capital projects could be left un-funded.
In response to Council Member Kring, Human Resources Director, David Hill, recommended
taking the job from market level of $94,000 down to $86,000 and $10,000 savings reflected the
difference in base plus the reduced cost of overhead benefits.
Council Member McCracken stated that ten years ago the Convention Center was taking money
every year from the general fund in order to have its operation costs contained. General
Manager Smith took the Convention Center and managed to fill the Center with a number of
conventions that the City had never had before. She stated that the money accumulated last
year and with the conventions coming in this year that would go into the convention reserve,
and that this was micromanaging how Mr. Smith was to manage the Convention Center.
Mayor Daly said he believed that there were plenty of managers already in that area and that
there was not a sufficient return from the facilities.
Council Member Kring said that if there was a projected period of time where there was a void,
and other managers picked up the slack, they get burned out and would not have full attention
to give to their position. She was in favor of filling the position and not back filling the other
position.
Manager Smith stated that prior to September 11, 2001, he had conducted an in-house
recruitment and he was prepared to make a recommendation for the position on a promotional
basis. The position would report directly to Manager Smith.
Mayor Daly said that he felt that there was some redundancy in the positions.
Manager Smith explained to the Council that it was necessary to look at the entire package and
to try to split up the duties would be very burdensome.
In response to Council Member Feldhaus, Manager Smith said that the 500 employees included
part time staff. He said that during the budget presentations he had demonstrated how
effectively he had maintained staffing at a minimum level. He said that he had 85 full time staff
members at the Convention Center and Los Angeles had 170 full time staff. Orlando was in the
400'5, New Orleans was in the 200'5 and he had demonstrated that it was his intent to keep the
staff as lean as possible and not waste overhead.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 8
In response to Mayor Daly, the position would be based at the Convention Center and not the
Stadium.
Council Member Feldhaus said he believed that the Council could take another look at this
position in three months to see if it had been fulfilled and he asked for reports on the
accomplishments being made.
Mayor Daly said that the evolution of the Pond and Stadium from a financial perspective was
troubling because they were valuable assets and produced very little, if any revenue to the City.
Council Member Feldhaus said that at one time, these had not been united in their operations
and then they were placed under one person. He suggested that these be separated again
which would be easier to account for. He asked the City Manager to prepare an assessment on
splitting up the venues for accountability purposes.
Council Member Feldhaus moved, seconded by Council Member Kring, to fill the position and
directed staff to report back at three and six months. Ayes - 3, Council Members Feldhaus,
Kring and McCracken. Noes - 2, Mayor Daly and Council Member Tait. Motion carried.
123
A 14. Approve an agreement between PRC/Public Sector, Inc. and the City, in an amount not
to exceed $88,000 for consulting services for fiscal year 2001/2002 in connection with
Police automated systems development.
142
A15. ORDINANCE NO. 5785 (ADOPTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM adding Chapter 6.11 to Title 6 of the Anaheim
Municipal Code implementing the California Unified Hazardous Waste and Hazardous
Material Management Regulatory Program Act by the City of Anaheim as the Certified
Unified Program Agency (CUPA) and repealing Chapters 6.10 and 6.90 (Introduced at
Council meeting of September 25, 2001, Item A21).
124
A 16. Regretfully accept the resignation of JoAnn Barnett from the Community Center
Authority and instruct the City Clerk to post the Notice of Unscheduled Vacancy pursuant
to Government Code Section 54974.
114
A 17. Approve minutes of the Council special meeting of September 18, 2001.
END OF CONSENT CALENDAR
106 A 18. To consider additions and/or deletions to the budget for the fiscal year 2001/2002.
No action taken at this time.
Items B1 throuah 87 From Plannina Commission Meetina of Seotember 10. 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 2,
2001 :
179
81.
CONDITIONAL USE PERMIT NO. 2001-04407
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 9
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Clausen Enterprises, 2795 West Lincoln Avenue #F Anaheim, CA 92801
AGENT: Jong Chung, 1448 Post Road, Fullerton, CA 92833
LOCATION: 2663 West Lincoln Avenue. Property is approximately 0.76 acre located
at the northeast corner of Lincoln Avenue and La Reina Circle.
To establish land use conformity with existing Zoning Code land use requirements for an
existing commercial retail center and to permit a coin-operated laundry.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04407 approved (PC2001-127) (7 yes votes)
179 B2. 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 Van 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.
Set for public hearing October 23, 2001, by Mayor Daly and Council Member McCracken.
179
B3.
179
VARIANCE NO. 2001-04452 AND NEGATIVE DECLARATION:
OWNER: The Coca Cola Company, Attn: Donald R. Knauss
1 Coca Cola Plaza, Atlanta, GA 30313
AGENT: Joselito Figueroa, 1226 North Olive Street
Anaheim, CA 92801
LOCATION: 1226 North Olive Street. Property is approximately 12.94 acres located
at the southeast corner of Olive Street and Commercial Street (Norcal Beverage
Warehouse).
Waivers of a) minimum number of required parking spaces, b) required site screening
and c) required structural setback abutting local streets to construct an 89,230 square
foot industrial building.
(Note: Waivers (b) and (c) have been deleted).
ACTION TAKEN BY THE PLANNING COMMISSION:
Granted waiver (a) of Variance No. 2001-04452 and denied waivers (b) and (c)
(PC2001-129) (7 yes votes).
Negative Declaration approved.
84.
VARIANCE NO. 2001-04453
CEQA CATEGORICAL EXEMPTION - CLASS 11:
OWNER: Heinz - Crawley Co., 303 Poppy Avenue
Corona del Mar, CA 92806
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 10
AGENT: Joe Gerard Signs and Graphics, Attn: Joe Gerard
2000 Placentia Avenue, Costa Mesa, CA 92627
LOCATION: 1271 Auto Center Drive. Property is approximately 6.91 acres located at
the northwest corner of Auto Center Drive and Phoenix Club Drive (Anaheim Mazda
Hyundai).
Waivers of a) maximum number of monument signs (denied), b) permitted location of
monument signs (denied), c) minimum distance between monument signs (approved)
and d) maximum sign width (Anaheim Mazda Hyundai) to permit and construct a second
monument sign for an existing auto dealership on a property with less than 600 feet of
frontage (approved). (Note: Waivers (a) and (b) have been deleted).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved waivers (c) and (d) of Variance No. 2001-04453 and denied waivers (a) and
(b) (PC2001-130) (5 yes votes, Commissioners Koos and Vanderbilt voted no).
85.
CONDITIONAL USE PERMIT NO. 2001-04415
AND NEGATIVE DECLARATION:
OWNER: Southern California Edison
2244 Walnut Grove Avenue #290, Rosemead, CA 91770
AGENT: Tetra Tech Wireless, Attn: Lorena Martinez
357 Van Ness Way, Suite 150, Torrance, CA 90501
LOCATION: 1621 South Euclid Street. Property is approximately 4.98 acres with a
frontage of 170 feet on the west side of Euclid Street located 355 feet south of the
centerline of Cris Avenue.
To permit a telecommunications antenna on an existing electrical transmission tower
and accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04415 granted for five years to expire on September
10,2006 (PC2001-131) (6 yes votes, Commissioner Koos abstained).
Negative Declaration approved.
179
Set for public hearing November 6, 2001, by Mayor Daly and Council Member McCracken.
179
86. CONDITIONAL USE PERMIT NO. 2001-04416 AND NEGATIVE DECLARATION:
OWNER: Southern California Edison, 2244 Walnut Grove Avenue #290, Rosemead,
CA 91770
AGENT: Tetra Tech Wireless, Attn: Lorena Martinez
357 Van Ness Way, Suite150, Torrance, CA 90501
LOCATION: 2719 West Ball Road. Property is approximately 8.3 acres with
frontages of 265 feet on the north side of Ball Road and 265 feet on the south side of
Stonybrook Drive located 159 feet west of the centerline of Sherrill Street.
To permit a telecommunications antenna and accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04416 granted for five years to expire on September
10, 2006 (PC2001-132) (5 yes votes, Commissioner Vanderbilt voted no and
Commissioner Koos abstained).
Negative Declaration approved.
Set for public hearing November 6, 2001, by Mayor Daly and Council Member McCracken.
179 87. CONDITIONAL USE PERMIT NO. 2001-04434
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PAGE 11
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: 2550 Miraloma Company, Attn: Ronald S. Lushing
9399 Wilshire Boulevard, #109, Beverly Hills, CA 90210
AGENT: Jeff Jonsson, 20331 Irvine Avenue, #7, Santa Ana Heights, CA 92702
LOCATION: 2550 East Miraloma Way. Property is approximately 0.87 acre and is
accessed via a 20 foot wide access easement from Miraloma Way and is located 190
feet west of the centerline of Lawrence Avenue.
To permit an outdoor contractor's storage yard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04534 granted for four years to expire on September
10,2005 (PC2001-133) (7 yes votes).
Items 88 throuah 810 From Zonina Administrator Meetina of September 20. 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 12,
2001 :
179 B8. VARIANCE NO. 2001-04445. CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Pritchard Family Venture 1, Attn: Ron Pritchard
6 Via Mirage, Rancho Santa Margarita, CA 92688
LOCATION: 115 North West Street and 1110 West Diamond Street. Property is
0.42 acres located south and west of the southwest corner of Diamond Street and West
Street.
Waiver of maximum fence height (3 feet high permitted; 8 feet high proposed) to permit
and retain an existing 8-foot high block wall within the front yard of an existing 16-unit
apartment complex in the RM-1200 (Residential, Multiple Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2001-04445 approved in part, for relocated wall (ZA2001-35).
B9. VARIANCE NO. 2001-04456. CATEGORICALLY EXEMPT - CLASS 1:
179 OWNER: Scott Y. Fujimura, 1733 N. Oak Knoll Drive, Anaheim, CA 92807
LOCATION: 1733 Oak Knoll Drive. Property is 0.12 acre having a frontage of 50 feet
on the west side of Oak Knoll Drive, having a maximum depth of 100 feet and located 62
feet south of the centerline of Pine Ridge Way.
Waiver of maximum lot coverage (350/0 permitted; 430/0 proposed) to construct a family
room addition to the rear of an existing single family residence in the RS-5000(SC)
(Residential, Single Family; Scenic Corridor Overlay) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2001-04456 approved (ZA2001-36).
179 B 1 O. VARIANCE NO. 2001-04457
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Joan D. Wada, 7946 E. Bauer Road, Anaheim, CA 92808
LOCATION: 7946 East Bauer Road. Property is 0.16 acre having a frontages of 60
feet on the south side of Bauer Road and 100 feet on the east side of Bauer Road.
Waiver of maximum fence height (3-foot high permitted; 6-foot high proposed) to
construct a new 6-foot high wood fence within the required side yard setback of a single
"-~-'-"~.~ ~~'~.""_.~"~""~"'"~', .,,-
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 12
family residence on a reversed corner lot in the RS-5000 (SC) (Residential, Single
Family; Scenic Corridor Overlay).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2001-04457 approved, in part (ZA2001-37).
Items B11 throuah 812 From Plannina Commission Meetina of September 24. 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 4,
2001 :
179
155
~ 170
811.
_____,.._~',~.-~,4-~-.
GENERAL PLAN AMENDMENT NO. 2001-00395
RECLASSIFICATION NO. 2001-00054
VARIANCE NO. 2001-04443
TENTATIVE TRACT MAP NOS. 16254 AND 16255
SPECIMEN TREE REMOVAL PERMIT NO. 2001-00001
REQUEST FOR CITY COUNCIL REVIEW OF ITEMS
AND MITIGATED NEGATIVE DECLARATION:
OWNER: Hazell. Maag Revocable Trust, Attn: Lloyd Copenbarger 4675 Mac Arthur
Court #700, Newport Beach, CA 92660
Melvin and Marriam Schantz, John & Jo Schantz and Robert and Alice Pernell,
21 Chelsea Point, Dana Point, CA 92629
AGENT: JL Hare Associates, Attn: Holly Sandler, 505 N. Tustin, Suite 212, Santa Ana,
CA 92705
LOCATION: 5801 East Santa Ana Canyon Road. Property is approximately 24.5
acres with a frontage of 1 ,306 feet on the west side of Solomon Drive, located 112 feet
north of the centerline of Santa Ana Canyon Road.
General Plan Amendment No. 2001-00395: Requests a general plan amendment from
the General Commercial land use designation to the Hillside Low-Medium Density
Residential land use designation.
Reclassification No. 2001-00054: To reclassify subject property from the RS-A-
43,OOO(SC) Zone to the RS-5000(SC) Zone.
Variance No. 2001-04443: Waiver of (a) required frontage on a street, (b) maximum
permitted fence height, (c) maximum lot coverage and open space requirements, and (d)
minimum lot width, to establish a 128-unit detached single-family subdivision.
Tentative Tract Map No. 16254: To establish a 1 06-unit detached single-family
subdivision.
Tentative Tract No. 16255: To establish a 22-unit detached single-family subdivision.
Specimen Tree Removal Permit No. 2001-00001: To remove 97 specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Amendment No. 2001-00395 approved (PC2001-135) (6 yes votes,
Commissioner Eastman absent).
Reclassification No. 2001-00054 granted. (PC2001-136).
Variance No. 2001-04443 granted (PC2001-137).
Tentative Tract Map Nos. 16254 and 16255 approved.
Specimen Tree Removal Permit No. 2001-0001 approved.
Mitigated Negative Declaration approved.
(Tentative tract Maps have a ten-day appeal period ending October 4, 2001.)
(To be set for public hearing due to General Plan Amendment.)
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 13
812. ENVIRONMENTAL IMPACT REPORT NO. 323
179 CONDITIONAL USE PERMIT NO. 4171
170 VARIANCE NO. 2001-04458
TENTATIVE PARCEL MAP NO. 2000-105
REVIEW OF FINAL SITES. FLOOR. SIGNAGE AND ELEVATION PLANS:
OWNER: Anaheim Gateway LLC, Attn: John Manavian
120 North Robertson Boulevard, Los Angeles, CA 90048
LOCATION: 1500 North Lemon Street. Property is approximately 26.34 acres located
at the southeast corner of Lemon Street and Durst Street (Anaheim Gateway).
Conditional Use Permit No. 4171: requests the following: a) to modify exhibits for a
previously-approved commercial retail center of regional significance and b) approval of
final site, floor, signage and elevation plans for a freestanding, fast food drive-through
restaurant pad and a health club building pad.
Variance No. 2001-04458: waiver of required lot frontage on a public or private street to
establish a 7-lot commercial subdivision.
Tentative Parcel Map No. 2000-105: to establish a 7 -lot commercial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Environmental Impact Report No. 323 previously approved (6 yes votes, Commissioner
Eastman absent).
Approved modification to Conditional Use Permit No. 4171 a (PC2001-142).
Variance No. 2001-04458 granted (PC2001-143)
Tentative Parcel Map No. 2000-105 approved.
Review of final sites, floor signage and elevation plans approved.
(Tentative Parcel Map has a ten-day appeal period ending October 4, 2001.)
6:00 P.M. PUBLIC HEARINGS:
C1. READVERTISED PUBLIC HEARING:
CONDITIONAL USE PERMIT NO. 2001-04372
179 CATEGORICALLY EXEMPT - CLASS 11:
OWNER: Vineyard Christian Fellowship
5340 East La Palma Avenue, Anaheim, CA 92807
AGENT: Craig A. Pahl, 5340 East La Palma Avenue
Anaheim, CA 92807
LOCATION; 5300 - 5340 East La Palma Avenue. Property is approximately 23.1
acres with a frontage of 1 , 187 feet on the south side of La Palma Avenue located 2,370
feet west of the centerline of Imperial Highway (Vineyard Christian Fellowship).
To construct two marquee signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04372 granted, subject to conditions of approval
(PC2001-82) (6 yes votes, Commissioner Bristol absent).
(Review of the Planning Commission decision requested by Council Member McCracken
and Mayor Daly at the Council meeting of July 10, 2001, Item B8. Public hearing
continued from Council meeting of August 7,2001, Item C3 and special meeting of
September 18, 2001, Item C1).
~-~~..~-.-..-. .~~-~~" "...~
179
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 14
Planning Director, Joel Fick, presented a staff report. He said that Planning had received
revised proposals and the conditional use permit was focused to permit the marquee sign for
the Vineyard Church and staff recommended that it be approved subject to the exhibits
submitted. He said that the other two signs, large frontage on separate parcels, now conformed
to the Code based upon the revisions.
Mayor Daly opened the public hearing.
Craig Pahl, 5340 East La Palma Avenue, representative of Vineyard Church, had no additional
comments as long as Council was satisfied with the signs.
David Jackson, Fairmont Schools, 1575 West Mable Street, said that Fairmont was pleased
with the revisions.
Council Member McCracken stated that the signs were very attractive and would be very
distinctive for both schools.
Mayor Daly closed the public hearing.
Mayor Daly moved, seconded by Council Member McCracken, to approved the CEQA finding of
Categorically Exempt, Class 11. Motion carried unanimously.
Mayor Daly offered Resolution No. 2001 R-254 granting Conditional Use Permit No. 2001-
04372.
RESOLUTION NO. 2001 R-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04372.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
C2. READVERTISED PUBLIC HEARING:
CONDITIONAL USE PERMIT NO. 2001-04386 AND NEGATIVE DECLARATION:
OWNER: Melville Gene Kannard, 811 West Sycamore Street Anaheim, CA 92805
AGENT: Richard Kannard, 746 North Anaheim Boulevard
Anaheim, CA 92805
LOCATION: 754 and 760 North Anaheim Boulevard. Property is approximately 0.34
acres located at the southeast corner of North Street and Anaheim Boulevard.
To permit an auto repair facility and an automobile sales lot.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04386 denied (PC2001-95) (5 yes votes,
Commissioner Boydstun voted no and one Commissioner vacancy).
Negative Declaration approved.
(Review of the Planning Commission decision requested by Council Members Kring and
Tait at the Council meeting of August 7,2001, Item B4. Public hearing continued from
Council special meeting of September 18, 2001, Item C2).
Planning Director, Joel Fick, presented a staff report. He stated that the property was located in
the Anaheim Colony Historic District and the applicant had proposed to utilize the existing
building for auto repair and to convert the parking lot adjacent to Anaheim Boulevard and North
I.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 15
Street to a used car sales lot. He reported that a number of residents testified at the Planning
Commission hearing that such a use would escalate problems that existed in the neighborhood
that were attributed to many of the small existing auto related facilities in the area. Residents
were concerned about test drivers speeding through adjacent residential areas, overcrowded
lots resulting in excessive street parking and oil leaking from autos parked on the streets. He
said that with the emphasis of enhancing the Colony Historic District, Planning Commission
denied the conditional use permit application and staff concurred with Planning Commission.
In response to Mayor Daly, Planning Director Fick addressed the used car sales proposal. He
said that there would be auto repair proposed within the existing building and that the adjacent
open lot would be used for automobile sales. The applicant may no longer be interested in the
auto sales portion of it, he added.
In response to Council Member Kring, Planning Director Fick stated that the shop would end up
being a better shop than it was now from an aesthetic standpoint and there would be a number
of enhancements.
The owner, Melvin Kannard, 811 West Sycamore Street, said that it was his intent to use the
property and correct the eyesore that it had been in the past. He had spent money on re-
paving, replacing windows, removing boarded up plywood, painting the building and electrical
repairs. The original intent was to have it as auto repair or auto sales.
Planning Director Fick said he believed that the owner had proposed withdrawing the auto sales
portion of the conditional use permit.
Council Member Kring asked about the trees and Mr. Kannard said that there were already
trees in the sidewalk and if Council requested more trees, he would comply.
Planning Director Fick said that eleven trees were and they could be clustered. He pointed out
that in terms of the plans, there was not a material change, it was the matter that they would not
be conducting auto sales within those phases.
Don Roth, 6522 Camino Vista, was in support of the conditional use permit. He had spoken
with the applicant and he said he believed that there would be an improvement on a run down
piece of property. He also referenced the South Anaheim Boulevard Overlay and said that he
believed that Council should look at the properties where the City could make improvements
and assist the business community.
Dave Kannard, 1688 West Ord Way, spoke in support of the conditional use permit. He said
that the property had been an ARCO station with general auto repair and he said that he would
like to see that use continued since it was the historical use of the property.
Wilbur Parnell, 115 East North Street, was opposed to the project because of the emissions that
went across the street, north of the auto repair facility. He also had fumes from Anchor Muffler
and said that this should not go through.
Mr. Garza, 743 North Helena Street, stated that there was a lot of noise and work was
performed from 8:00 A.M. to 10:00 P.M., using power tools. He said that he did not believe that
it would be a good idea to have another repair place around there because there were already
five.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 16
Melvin Kannard stated that there would be not be work done past 5:00 P.M. and cars could be
picked up until 6:00 P.M. or 7:00 P.M. He said that a soundwall was to be erected across the
back as required by Planning Commission to cut down on the noise and impact to the
neighborhood. In response to Mayor Daly, Planning Director Fick said that the soundwall would
be covered by vine.
Council Member Kring stated that many people signed a petition in support of the auto repair
facility. She said that not all but many of those people lived in the Anaheim Colony Historic
District and she asked that if Council granted the conditional use permit, there be all the
upgrades with trees, landscaping and a soundwall. If the project was not approved, she said,
Mr. Kannard would still be in business as a non-conforming use. She noted that there were a
number of places to park and she was in support of the project.
Planning Director Fick added that if Council looked favorably upon the application, based upon
the testimony of the revised submittal, he suggested that it would be an approval, in part, for the
auto repair only and that conditions referencing operations for the auto sales lot should be
deleted from the recommended conditions of approval and the hours of operation were limited
to 8:00 A.M. to 5:00 P.M. and car pick up until 6:00 P.M.
Mayor Daly said that he recommended that the permit be approved for three years and
Planning Department had recommended two years.
Council Member Feldhaus asked about the timing to comply with conditions one year from the
date of the resolution. Planning Director Fick said that Mr. Kannard would have one year until
October 2, 2002, to comply with conditions prior to opening the business. He added that
depending on Council's decision, there would be three years of operation from the date that the
conditions had been accomplished.
In response to Council Member Kring, Planning Director Fick stated that there was no
authorization to operate the business at this time and it would be subject to conditions.
Mr. Kannard stated that the whole project could be done in one year and he asked that Council
consider that he operate for ninety days while the conditions were being met or part of them
were being met.
Planning Director Fick stated that there was no authorized permit for the activity that was being
done on the property. He said that Council could give the applicant additional time to comply
with conditions of approval if they desired. Council could authorize the use and make the timing
to comply within a certain number of days.
Council Member Feldhaus said that Council would not have to give additional time if there was a
condition that the commencement of some of the conditions had been seen by the City with all
of the conditions being completed within one year.
In response to Council Member Kring, Mr. Kannard said that the repairs could be finished within
six months and ninety days would not be enough time.
Council Member Kring asked to give Mr. Kannard six months to comply with conditions and still
allow him to operate his business in the meantime. Planning Director Fick said that the
conditional use permit would be authorized for the use immediately and then the conditions of
approval would be amended so that compliance of the conditions would take place six months
from this date.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 17
City Attorney White stated that if Mr. Kannard was authorized to have the use starting this date,
he would have three years of legal use. If Council wished to extend that, the conditions could
be written accordingly.
Mayor Daly said that the City should be encouraging other types of businesses along Anaheim
Boulevard other than used car lots and car repair and he said he believed that the City was
moving in that direction.
Council Member Kring moved, seconded by Council Member Feldhaus, to approve the CEQA
Finding of Negative Declaration. Motion carried unanimously.
Council Member Kring offered Resolution No. 2001 R-255 for adoption, granting Conditional Use
Permit No. 2001-04386 for three years, deleting any reference to auto sales, adding the
condition that the applicant had six months to complete the improvements and that the
operating hours were 8:00 A.M. to 5:00 P.M. with an additional hour for car pick up.
RESOLUTION NO. 2001 R-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04386, IN PART.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
179
C3. READVERTISED PUBLIC HEARING:
VARIANCE NO. 2001-04440. CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Mark T. Kettler, 6 East Yale Loop, Irvine, CA 92604
LOCATION: 1125 and 1127 West Diamond Street. Property is 0.23 acre having a
frontage of 75 feet and a maximum depth of 135 feet located 105 feet east of the
centerline of Carleton Avenue.
Waiver of minimum dimensions of parking spaces to permit the conversion of carports
into enclosed garages and to permit interior partition walls in conjunction with an existing
apartment complex in the RM-1200 (Residential, Multiple Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Variance No. 2001-04440 (ZA2001-23).
(Review of the Zoning Administrator's decision requested by Council Member Feldhaus
and Mayor Daly at the Council meeting of August 7, 2001, Item 810. Public hearing
continued from Council special meeting of September 18, 2001, Item C3).
A staff report was presented by Planning Director, Joel Fick. He said that one of the conditions
of the Zoning Administrator was the size of the garages and that any doors would open inward.
Director Fick said that if the garages were to be used as something else there could be Code
Enforcement action. He said that if they were converted to living units it would not be permitted
and he said that there could be a very explicit condition regarding the enclosed garages that
said that they would always be available for parking spaces.
Mayor Daly opened the public hearing.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 18
Sherry Kettler, owner of the property, said that the original purpose was to protect the renters'
property because of the high incident of theft in the area. She said that they installed the
garage doors and it was an improvement to the area. She said that Council's concern about
people living in the enclosed garages was a valid concern and she said that was what Code
Enforcement was there for and she would welcome any action at any time. She said that there
was a washer and dryer in the garage and a water heater and that it was set up as a garage,
not a bedroom. She made a commitment to the Council that she would not allow people living
in the garages. She said she was trying to protect the renters and keep them there as long as
possible.
Mayor Daly closed the public hearing.
Council Member Felhaus moved, seconded by Council Member McCracken, to approve the
CEQA Finding of Categorically Exempt, Class 1. Motion carried unanimously.
Council Member Feldhaus offered Resolution No. 2001 R-256 for approval, incorporating the
statement of the property owner.
Planning Director Fick stated that the garages shall be permanently maintained and available
for parking purposes and that no tenants shall live in the garages.
RESOLUTION NO. 2001 R-256 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING VARIANCE NO. 2001-04440.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - o. Motion carried.
Council Member Tait stated that his firm performed some work for the telecommunications
industry and he declared conflicts of interest on Items C4, C5, C6 and C7, and removed himself
from the Council Chamber.
C4. CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT NO. 2001-04363 AND NEGATIVE DECLARATION:
179 OWNER: Helen Goldman, Harvey Tepper, Robert and Renee Tepper Attn: Robert
Tepper, 19500 Merridy Street, Northridge, CA 91324
AGENT: The Consulting Group, Inc. Attn: Dayna Aguirre,
18500 Von Karman Avenue, Suite #870, Irvine, CA 92612
LOCATION: 3440 West Lincoln Avenue. Property is approximately 1.2 acres located
south of the southeast corner of Knott Street and Lincoln Avenue.
To permit a telecommunications antenna with accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04363 granted for five years to expire on July 2, 2006
(PC2001-90) (7 yes votes).
Negative Declaration approved.
(Review of the Planning Commission's decision requested by Mayor Daly and Council
Member McCracken. Public hearing continued from Council meeting of August 21,
2001, Item C3.)
Planning Director Fick presented a staff report and stated that revised plans showed a fifty-foot
high clock tower consistent with the architecture of the shopping center. He said that the
"..,...,,'--~"<>~~,."'=- .,
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 19
antennas would now be entirely hidden within the tower and the clock tower and shopping
center would be painted to establish a uniform appearance. He said that Planning
recommended approval.
In response to Mayor Daly, Planning Director Fick said that the applicant and property owner
would be accountable for the clock tower maintenance. He said that in accordance with
conditions of approval, they would have to comply with conditions or staff could take action up to
and including revocation of the permit.
In response to Council Member Kring, Director Fick said that it was the proposal of the applicant
to paint all the businesses west of Stater Brothers and it would provide a uniform appearance of
the entire shopping center.
Mayor Daly opened the public hearing.
Paul Kim, The Consulting Group, stated that they had gone from something unsightly to
something that would be an enhancement for the center. With regard to the maintenance, he
said, there were two layers of interest involved. He said that ultimately, Cingular was
responsible for maintenance and he said that the property owner wanted maintain the site
because of the revenue that it generated for him. Mr. Kim said that in order to continue the site,
it must be maintained as well. He stated that there were about four or five shops and the color
was a gold/yellowish color and staff had recommended that it would be beneficial to bring that
up to consistency with the rest of the center and he concurred.
Mayor Daly closed the public hearing.
Mayor Daly noted that this did have a five-year time period and if all the conditions were not
adhered to, the City would have recourse to deal with lack of compliance.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Negative Declaration. Ayes - 4, Mayor Daly and Council Members McCracken, Kring and
Feldhaus. Noes - O. Abstained - 1, Council Member Tait. Motion carried.
Mayor Daly offered Resolution No. 2001 R-257 approving the Conditional Use Permit with all the
conditions and recommendations of the Planning Director.
RESOLUTION NO. 2001 R-257 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04363.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring.
Noes - O. Abstained - 1, Council Member Tait. Motion carried.
179 C5. CONDITIONAL USE PERMIT NO. 2001-04396 AND NEGATIVE DECLARATION:
OWNER: Southern California Edison Company, 2244 Walnut Grove, Rosemead, CA
91770
AGENT: Nextel Communications, Attn: M. Zimmerman, 310 Commerce, Irvine, CA
92602
,."_....~~-~.._~.j _.~-
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 20
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 360 feet east of the centerline of Syracuse Street.
To permit a telecommunication antenna and accessory ground-mounted equipment on
an existing electrical transmission tower.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04396 granted for five years to expire on July 30, 2006
(PC2001-105) (6 yes votes, Commissioner Bostwick absent).
Negative Declaration approved.
(Review of the Planning Commission decision requested by Mayor Daly and Council
Member McCracken at the Council meeting of August 21 , 2001, 85).
Mayor Daly noted that Item B2, was an application on the same property by another firm for a
separate telecommunications antenna, so there would be two. He said that the agent, Cingular,
was different and asked if the firm was the same.
Planning Director Fick responded that it would be a proposed co-location and that item would be
considered at a future public hearing. He said that he approved two separate time tables for the
same property.
Council Member McCracken asked if the telecommunications facilities would be reconsidered
should technology change and Director Fick said that the permit for telecommunication facilities
would only be good for five years and they would need to reapply. He said that by having a
condition for a five-year time period, they would not be up for a longer period of time than they
may otherwise be needed. He said that Planning had expressed concerns about clutter in some
of the sites but it was a better alternative than having an additional pole or something
constructed outside. She noted that as Utilities took down power lines, the poles were much
more obvious.
Director Fick stated that some of the towers along La Palma and the industrial area were
actually built pre-dating the ordinances so they were non-conforming uses that existed there.
He said that the tower was 136 feet tall and the antenna array would be at a 50-foot height.
There would be three antenna rays with four panel antennas per ray. Director Fick pointed out
that there was an interdepartmental group putting together a comprehensive recommendation
on the use of easements and it would be back to Council within the next couple of weeks. He
said that unless there was something particularly in their agreement with Edison, the staff may
be unaware of and said that Council may want to clarify that this evening. Most of the
applications, he said, had some small facility on the property and they varied in size and were
located at the right near the base of the tower.
Mayor Daly opened the public hearing.
Agent Marty Zimmerman, Nextel Communications, 310 Commerce, Irvine, said apparently
Nextel was doing a co-location on the same tower and he added that Edison maintained strong
control over its properties and its towers. He explained that there would be one set of antennas
facing south, on the southeast leg of the tower and the southwest leg of the tower would be
climbing legs. He added that Nextel was not allowed to put antennas on a leg that had climbing
pegs. He explained that on the north legs of the tower, the other groups of antennas would be
facing sixty degrees northeast and northwest on the north legs of the tower. Edison maintained
exclusive control over how the antennas were mounted and that was where it was going to line
up. He noted that Planning had asked Nextel to place a tile roof on a building built between the
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 21
legs of the tower so everything would be under the tower. He explained that Edison had a
property group that was looking to find additional uses for the land and it was currently a nursery
which was common under the Edison towers. He stated that they may turn that into some other
use in the future but there were no specific plans for the property at this time. The decision to
go with Edison for Nextel was usually zoning driven and he added that his engineer had chosen
the location of Magnolia and Lincoln. There was a thin strip of commercial backed by residential
and there were only a couple of two-story strip centers, everything else was one-story. Mr.
Zimmerman asked his engineer to move down the street to the Edison towers to get him the
fifty-foot centerline antenna that he needed and to get that height, he said, the engineer agreed
to the compromise. He said that he would rather not have a lot of residents asking why a tower
was going to be up over their property and that was why he chose that spot.
Mayor Daly closed the public hearing and noted that there was a staff recommendation to
approve this item for a period of five years.
Council Member McCracken moved, seconded by Council Member Kring, to approve the CEQA
Finding of Negative Declaration. Ayes - 4, Mayor Daly and Council Members McCracken, Kring
and Feldhaus. Noes - O. Abstained - 1, Council Member Tail. Motion carried.
Council Member McCracken offered Resolution No. 2001 R-258 for adoption, approving
Conditional Use Permit No. 2001-04396.
RESOLUTION NO. 2001 R-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04396.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring.
Noes - O. Abstained - 1, Council Member Tail. Motion carried.
179 C6. CONDITIONAL USE PERMIT NO. 2001-04400 AND NEGATIVE DECLARATION:
OWNER: Sierra Vista LLC, 11812 San Vicente Boulevard, Suite 510 Los Angeles, CA
90049
AGENT: Whalen and Company, Attn: Jim Marquez, 357 Van Ness Way #150,
Torrance, CA 90501
LOCATION: 100 South Chaparral Court. Property is approximately 1.24 acre
located at the southeast corner of Chaparral Court and Kaiser Boulevard.
To permit a telecommunications antenna and accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04400 granted for 5 years to expire on August 13,
2006 (PC2001-109) (4 yes votes, Commissioner Arnold voted no, Commissioner Koos
declared conflict of interest and Commissioner Boydstun absent).
Negative Declaration approved.
(Review of the Planning Commission decision requested by Mayor Daly and Council
Member McCracken at the Council meeting of August 28, 2001, Item 82).
Planning Director Fick presented a staff report and stated that this would be a fifty-foot high flag
pole with a diameter of thirty inches placed in front of an existing 25-28 foot-high building and he
said that there were concerns about the compatibility with the heights in the area since the
maximum for that area was 35 feet for structures. Director Fick said that he felt there were
other alternatives in the immediate area to provide a better stealth appearance with having other
multi-story buildings in the area. He said that there were office buildings in the immediate
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 22
vicinity, there was a high-rise building at Weir Canyon and Santa Ana Canyon Road, there was
the Festival Shopping Center at a higher elevation than this and he said that there should be
other alternatives explored that would be better than the proposal. He said that flag should be
taken down each evening unless there was lighting at the site.
Council Member Kring asked if the high-rise buildings would be tall enough to have something
on the side of the building or on top and Director Fick stated it was a combination of building
heights and elevation differences. At the Festival Shopping Center, there were commercial
buildings at grade at higher elevations that this.
Mayor Daly opened the public hearing.
Paul Woolkott, Whalen and Company, said that the original location identified on the search ring
was Toyon Park. He said that it was the ideal location but he noted that at that time, the City did
not wish to entertain a proposal at Toyon Park. Mr. Woolkott said that Whalen and Company
began to look at alternatives for location and move the search ring. He the Edison towers that
were to the southwest by the 91 Freeway and that was too far and there was already existing
coverage. There was a large vacant lot at Santa Ana Canyon and Weir Canyon that was in the
tentative tract map stage and since there was nothing on the property, it could not be used for
the telecommunications equipment. He said that in and around the Chaparral Court area, they
had run into space problems and they tried to move away from elementary schools and daycare
centers. The one change, he said, was that Verizon had recently developed a similar flag pole
installation at the Taormina Industries Waste Management facility on Blue Gum Street. He said
that with regard to the lighting, the flag needed to be lit overnight or he could have the flag
changed out. With regard to height requirements, there was a need to have the height in order
for providers to enhance their coverage and continue to respond to the questions, concerns and
complaints and be a responsive industry to its customer base.
Council Member Kring said that the staff recommended that a possibility was at the Festival
Shopping Center or at an office building in the area and she asked Mr. Woolkott if they could go
there. Mr. Woolkott was unsure but said that shopping center was difficult and they could not
dedicate the time, effort and energy it took to get into a lease agreement and sometimes they
were looking for greater protection than a typical lease agreement. He said it could be done if
the right match was found and some of the small shopping centers were able to come to
agreements. He said that there was still an issue with the height and if they went to a smaller
pole, such as eighteen inches, they would loose coverage.
Mayor Daly closed the public hearing.
Planning Director Fick commented on the ground zero for the search ring. He reported that
there was also an additional center at Weir Canyon and Serrano at a higher elevation that could
be an alternative. He said that it may take some extra work on the applicant's part to secure the
leases and staff's viewpoint was that wherever possible, rather than adding new structures, they
should be integrated into the existing architecture of buildings and there were other alternatives
that had not been ruled out.
In response to Council Member Kring, Director Fick stated that the conditions require, in
accordance with flag etiquette, that if it was up at night time, it should be lit or alternately taken
down. He said that if it was night lighted in that particular area, it would be visible by the
residents at fifty feet tall if there was not an attendant that took it down each evening.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 23
In response to Council Member McCracken, Director Fick said that eighteen inches was an
improvement over the thirty inch pole originally proposed and he stated that there had been
other stealth proposals integrated into steeples or different architectural features on church
facilities. He added that it seemed that there were other examples of facilities in the immediate
area that could be explored.
Mayor Daly said that Planning staff had stated that there were other options in the neighborhood
and the experience with telecommunication antennas disguised as flag poles had not been very
good and he noted that Council should be cautious. He recommended denial of the request
and encouraged the applicant to look at other options in the neighborhood.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Negative Declaration. Ayes - 4, Mayor Daly and Council Members McCracken, Kring and
Feldhaus. Noes - O. Abstained - 1, Council Member Tait. Motion carried.
Mayor Daly offered Resolution No. 2001 R-259 for adoption, denying Conditional Use Permit No.
2001-04400.
RESOLUTION NO. 2001 R-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2001-04400.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring.
Noes - O. Abstained - 1, Council Member Tail. Motion carried.
179 C7. CONDITIONAL USE PERMIT NO. 2001-04401 AND NEGATIVE DECLARATION:
OWNER: Southern California Edison, 2244 Walnut Grove Avenue Rosemead, CA
91770
AGENT: The Consulting Group, Attn: Paul Kim
18500 Van Karman Avenue, Suite 870, Irvine, CA 92612
LOCATION: 1653 South Walnut Street. Property is approximately 2.5 acres located
on the southwest corner of Walnut Street and Audre Drive.
To permit a telecommunications antenna and accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit granted for 5 years to expire on August 13, 2006 (PC2001-110)
(6 yes votes, Commissioner Boydstun absent).
Negative Declaration approved.
(Review of the Planning Commission decision requested by Mayor Daly and Council
Member McCracken at the Council meeting of August 28, 2001, Item 83).
A staff report presentation was made by Planning Director, Joel Fick. He said that this
case would have antennas at height of fifty feet for two of the arrays and sixty feet for
one of the arrays on a tower that was 142-feet tall. He said it was 528 feet from Walnut
Street and it was concealed from the right of way.
Council Member McCracken asked if there were others being proposed for the same towers
and Planning Director Fick said that there was another one in the vicinity, east of this particular
tower location. He noted that the applicant had explored some of the taller buildings in the
vicinity and those alternatives were not available. The application would have a five-year time
limit.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 24
Mayor Daly opened the public hearing.
The agent, Paul Kim of The Consulting Group, stated that he concurred with staff's
recommendation and conditions of approval.
In response to Council Member Feldhaus, Mr. Kim said that there were a total of four antennas
and two of them would be at a height of fifty feet and the other two would be at a tip height of
sixty feet. He said that the panel antennas were about five feet high, four to five inches wide
and two inches deep and they would be flush mounted to the legs and painted to match in order
to minimize the visual impact.
Margaret Bettino, 1243 West Laster, said she had lived near the tower for twenty years and she
said that there was a Sprint telecommunication antenna that was at the entrance of Walnut and
Audre. She said that Sprint was supposed to do landscaping and all that she had seen was an
eyesore and they had done nothing to enhance the entrance. She noted that the City had done
beautification on Walnut Street and the renovation of Jeffrey Lynne and she wanted to see the
corridor corrected. She said that it was not right to put in another telecommunication when the
first one had not followed through. She brought up an issue with portable phones.
Planning Director Fick commented on the prior approval in 1999, constructed in 2000. He said
that there was some landscaping that was supposed to be done in conjunction with that and
Code Enforcement had been actively working on it. He said that a letter had been submitted by
Southern California Edison, in conjunction with the application, saying that they intended to
pursue the landscaping right away.
In response to Council Member McCracken, City Attorney White stated that like with any
conditional use permit, if they did not comply with the conditions of approval, a public hearing
could be set and brought back to Planning Commission or Council to consider revocation. If it
was revoked, he said, they would have to remove all of their equipment.
Director Fick said that Planning Department concurred with that and the applicant was given
some amount of time to comply and he recommended in the event that this did not happen
quickly, that it come back for consideration for revocation at the Planning Commission level.
John Notabome, 1215 West Laster, said that it was hard to determine if the existing equipment
made any type of transformer noise and he said that he lived right behind it. He did not know if
it was Disneyland power generation equipment making the noise or this particular station and he
asked if the proposed project would make noise and if there was any known interference with
the devices for telephone reception. Mr. Notabome asked if there would be frequent
maintenance visits to the site for adjustment to allow people inside of the easement.
Agent Paul Kim, addressed concerns of the residents by saying that in terms of the landscaping
issue, Cingular and Sprint were separate, they wanted to be good neighbors. He said that the
landlord, which was Southern California Edison, was in process of pushing Sprint to fulfill its
obligations to landscape along Walnut Street. He said that the landlord realized that because it
not only looked bad for him at this point, but it jeopardized the possibility of regenerating
additional revenue by having other carriers. He said he had a letter stating that Southern
California Edison was addressing that concern and would have Sprint remedy the situation with
the landscaping. He said that Cincular would make certain of that as well. In terms of
interference, he explained that cellular frequencies operated at a different megahertz within the
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 25
broad spectrum of the range of frequencies than televisions and telephones and there should
not be any problems. The cabinets would be within an enclosure and the average decibel rating
for the equipment cabinet that Cingular used was six decibels which was equivalent to a
refrigerator. He said that once every two months there was a maintenance person that went in
and fine-tuned all of the equipment.
Mayor Daly closed the public hearing.
Planning Director Fick asked, based upon the testimony, if Council looked at this petition
favorably, that this be conditioned to require that the landscaping be installed along Walnut
Street and one way or another before this permit could go forward, or a second permit, the
landscaping would be in place for the neighborhood.
Mayor Daly stated he was not comfortable approving the permit because of the proximity to the
residences and failure to perform by Sprint and Southern California Edison Company. He was
concerned about how the application would look on the Edison power lines on the existing
structures before approving them in other parts of the City. He encouraged the applicant to look
around the neighborhood and integrate the antenna into an existing building. He finalized by
saying that until the Sprint landscaping problem was fixed, he was reluctant to approve the
application.
Council Member McCracken asked if that could be made a condition since it was Southern
California Edison that was asking for the conditional use permit. City Attorney White stated that
Council could condition that the second permit would not be approved until the landscaping had
been installed before the building permit was issued for the antenna. He said either this
applicant would have to install it or the other one would have to install it and in either event,
Southern California Edison would be in a position to compel its installation.
Mayor Daly stated that Edison and Sprint owed the City and the neighborhood the landscaping
and Edison should not be rewarded with additional facilities on that easement until the City had
the landscaping.
Council Member Kring said that the applicant should be asked to increase the amount of
landscaping if they were to get the site.
Mr. Kim said that he would like to have an agreement to accept as a condition that Sprint would,
one way or another, have the landscaping done and be taken care of at the same time as his
application. He said that may require that a bond be taken out on Sprint to make sure that
Southern California Edison did the work and bill Sprint for it. He said that either way he would
accept that as a condition that went along with approval of Mr. KimJs project. He said that if staff
wanted to review Sprint's previous landscaping, he would revise the plan to enhance the
landscaping if the permit was approved. He said in looking at the plans, he noted that the
enclosure consisted of a chain link fence and he asked that staff add, as a condition of approval,
a nice structure that was more aesthetically pleasing be placed inside with split face stone. In
response to Council Member Kring, he said that he would be willing to work with the neighbors
taking their input on the landscaping along Walnut Avenue.
Margaret Bettino said that she had been told that a soundwall would be built along the property
line that separated Laster from the Edison easement. She said she had estimates from Dick
Mayer, Parks and Recreation and Community Services, as to the cost of the soundwall and that
_""c.'-~~oc<"..."'"~ .~~. I~'_'''M
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 2, 2001
PAGE 26
they were to be eight to ten feet and would enhance the area. She said that this was to take
place once the Jeffrey Lynne Project was on its way. She asked the status of the project.
Planning Director Fick said that it would take more than two weeks to receive it back from
Edison.
Mayor Daly moved, seconded by Council Member Kring, that there be a four-week continuance
to November 6, 2001. Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and
Kring. Noes - O. Abstained - 1, Council Member Tail. Motion carried.
Report on Closed Session Actions: None.
Council Communications:
Council Member Tait requested youth and sports facilities be placed on the Council agenda of
October 16, 2001.
Council Member McCracken announced that the Anaheim Arts Council would meet on October
4, 2001, at 5:30 P.M. in the Downtown Community Center.
Council Member Kring asked if the City could hold a Veteran's service on November 11 , 2001 ,
at the downtown memorial and she noted that October was breast cancer awareness month.
She asked to place the taxi issue back on the agenda next week to consider the extension.
Council Member Feldhaus announced that the annual Halloween Fall Festival and Parade will
be held on October 27,2001, and start at 8:00 A.M. with a pancake breakfast and other
activities.
Mayor Daly asked that City Manager look into the details of Council Member Kring's request
and report back with suggestions and analysis.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 9:00 P.M.
Respectfully submitted:
~~~
Sheryll Schroeder, CMC/ME
City Clerk