2002/02/12
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
FEBRUARY 12, 2002
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 David Morgan, City Attorney Jack White, City Clerk Sheryll
Schroeder, Executive Director Convention/Sports and Entertainment Greg Smith, Executive
Director of Planning and Community Development Joel Fick, Zoning Division Manager Greg
Hastings, Executive Deputy Director of Community Development, Brad Hobson.
A copy of the agenda for the meeting of the Anaheim City Council was posted on February 8,
2002 at the City Hall inside and outside bulletin boards.
Mayor Pro Tem Feldhaus called the regular meeting to order at 3:09 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONSIDELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Pro Tem Feldhaus moved to recess to Closed Session, seconded by Council Member
McCracken. Motion carried. The Council recessed to Closed Session at 3:10 P.M. Mayor Daly
and Council Member Tait were temporarily absent and joined Closed Session at a later time.
CITY COUNCIL
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
Agency designated representative: David Hill
Employee organization: Anaheim Firefighters Association
2. 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.
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of
litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code):
one potential case
4. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS:
Titles: City Manager, City Attorney, City Clerk, City Treasurer
ANAHEIM HOUSING AUTHORITY
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Chevy Chase Partners v. City of Anaheim, Anaheim Housing Authority,
Orange County Superior Court Case No. 01 CC09569.
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 2
AFTER RECESS:
Mayor Daly called the regular Council meeting of February 12, 2002 to order at 5:14 P.M. and
welcomed those in attendance.
INVOCATION: Pastor Robb Ring, East Anaheim Christian Church
FLAG SALUTE: Council Member Feldhaus
PROCLAMATIONS AND DECLARATIONS:
119 Proclaiming March 2002 as Volunteer Recognition Month and recognizing long term City of
Anaheim employees on their retirement.
Recognitions to be presented at a later date were: Recognizing Carol Latham as the Cypress
College Foundation Citizen of the Year for Anaheim; proclaiming February as Black History
Month and proclaiming February 17 - 23, 2002 as Engineer's Week.
At 5:33 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Anaheim Public Financing Authority meetings.
Mayor Daly reconvened the City Council meeting at 5:50 P.M.
PUBLIC COMMENTS:
James Robert Reade, 100 West Midway Drive, Space #124, spoke about Black History Month
and asked Council and the Police Chief to hire more African American police officers and he
asked why they were not in the highest chain of command.
Mayor Daly noted that the Police Chief would be asked to comment at a later time.
Rachael Perez-Hamilton, Costa Mesa, said that if Measure W passed, it would rescind Measure
A and that the Orange County voters had voted twice for an airport at EI Toro. She said that
John Wayne Airport was under 500 acres and EI Toro was 4,700 acres and had been an airport
for over fifty years. If people did not get an airport at EI Toro, she said that there was plan for
the expansion of John Wayne Airport and that Measure W was not about an airport and was a
change in the zoning of the 4,700 acres of the former marine base. The 14,500 acres would go
back to the Irvine Company and they could build more apartments, condominiums and houses
and she said that the congestion and pollution was not needed. She said that with an airport,
there would be less pollution with cargo using the freeways to EI Tom to LAX and Ontario.
Cargo alone, she said, could earn millions of dollars for Orange County.
Neil Goldman said he was homeless according to the Anaheim Housing Authority and also
spoke about Measure Z and school bonds. He said that no where in Proposition Z did it say
anything about displaced people or where the money would come from to support those people.
He said he was on the list for a Section 8 housing voucher last October and he had been told
that since he was a veteran, he would probably be getting a voucher by the end of January or
February. He asked why there was not money left in the Housing Authority for vouchers.
Kris Hardeman, Fullerton, with the Ocean Out Fall Group, said that the group was dedicated to
getting rid of the 301 Waiver held by the Orange County Sanitation District which allowed them
to discharge partially treated sewage into the ocean. She noted that the City Council of
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ANAHEIM CITY COUNCIL MEETING MINUTES
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Fullerton had listened to a demonstration by the Ocean Out Fall Group that provided facts,
maps, statistics and graphs that was Orange County Sanitation District's from their own data
studies. Fullerton passed a resolution in opposition of renewal of the 301 Waiver. The Group
asked that the 301 Waiver be agendized since it was a public policy and an environmental,
health and economic issue and the ramifications would affect citizens in the County.
Dennis Baker, Corona Del Mar, Ocean Out Fall Group, said he had visited various Councils to
ask them to take a stand on the 301 Waiver. He noted that there were 240 million gallons of
partially treated sewage discharged into the ocean and he said that it resulted in a plume of six
miles long, three miles wide and about 100-feet deep, that was fed daily by the discharge. He
asked Council for an opportunity to present a study session and he encouraged Council to invite
the Orange County Sanitation District to be a part of that session and then take a stand on the
301 H Waiver to the 1972 Clean Water Act by the federal government.
Jim Miller, Newport Beach, stated that his daughter had been swimming in the waters off of
Newport and came down with an ear infection from the water. He was told by doctors to keep
his daughter out of that water and any water because the water pressure could cause a
pathogen to make a pinhole through the eardrum, go into the brain and she could get viral
meningitis and die. He asked that the 301 Waiver be agendized.
Larry Porter, Newport Beach, spoke about the 301 H Waiver held by the Orange County
Sanitation District and he urged the Council to agendize the item for a study session. He
presented an overhead transparency showing the outline of the plume of bacteria in the water
and did not consider pathogens, pharmaceuticals and other chemicals that could bring harm to
bathers and the environment.
Greg Jewel, Westminster, said he was a member of the Huntington Beach, Seal Beach Surf
Rider Foundation and noted that there was a sewage problem and it related to the Orange
County Sanitation District. He said that the growing population could not manufacture less
sewage and he said that improving the quality of the ocean out fall discharge made good sense.
He said that for the price of $4.17 per month the average single-family household would pay for
the technology, operations and management of full, secondary treatment for the Orange County
Sanitation District. He said that for that amount of money, a 96.5 percent reduction in bacteria,
81 percent reduction in remaining viruses for which the Orange County Sanitation did not test.
The California Water Quality Control Board was successfully managing channel diversions to
reduce storm drain and sewage run off contamination and beach and inland cities, he said, were
repairing and replacing pipes to prevent exceeding sewage spill. Surf Rider asked for a
commitment from the Orange County Sanitation District Board of Directors to improve the
quality and balance the coastal water quality equasion with full, secondary treatment. He asked
that Council seek a workshop session regarding the future of the 301 H Waiver.
Irwin Haydock, Fountain Valley, said he was a member of the Ocean Out Fall Group and that
his career had been studying the affects of waste discharge in the ocean. He said that the
group would like to meet with Council for a study session with respect to the Orange County
Sanitation District's Ocean Waiver 301 H treatment levels. He said that when closing the
beaches in 1999, the economy and public suffered and the various signs on the beaches
indicated that the problem was not yet fixed. He noted the Council would provide a strong hand
in formulating the policy that would come forth in November of 2002.
Phillip Arst, Corona Del Mar, spoke about Measure Wand said that if it were rejected by the
voters, an airport could be built that would generate the $67 billion a year in revenue and 69,000
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 4
in jobs. He said in contrast, a yes vote on Measure W would cost each individual homeowner
an estimated $6,000 over twenty years in additional taxes to build and maintain a park for the
City of Irvine and there would be no benefits for Anaheim. He said that if the measure passed it
would allow 100-foot high rise buildings in Anaheim hills and EI Toro, industrial park strip malls
and dumps and was just a plan for land development.
In response to Mr. Reade, Mayor Daly asked the City Manager to provide a memo to Council
regarding hiring practices of the Police Department.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member McCracken. Motion carried unanimously.
ADDITIONS/DELETIONS TO THE AGENDA:
City Manager Morgan said that there was one change to the agenda and City Clerk Schroeder
announced that staff had requested Item A 1 be removed from the Consent Calendar.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A24: 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 1 was unanimously withdrawn and
Council Member Tait abstained in Item A6. Mayor Daly offered Resolution No. 2002R-36 and
Ordinance No. 5802 for adoption. Motion carried unanimously.
A1.
Reject certain claims filed against the City.
Unanimously removed from Consent Calendar as requested by staff.
A2.
Receive and file the Monthly Financial Analysis Report presented by the Finance
Director for six months ended December 31,2001 and the minutes of the Anaheim Park
and Recreation Commission meeting of December 5, 2001.
A3.
Award the contract to the lowest responsible bidder, Green Giant Landscape, in the
amount of $126,108, for the entry monumentation at Harbor Boulevard, Anaheim
Boulevard, Imperial Highway and Magnolia Avenue and approve and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract retentions.
A4.
Award the contract to the lowest responsible bidder, Friess Company Builders, Inc., in
the amount of $70,718.28, for the Katella Avenue and Harbor Boulevard Landscape
Improvements Project and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
A5.
Award the contract to the lowest responsible bidder, K.A.S. Equipment & Rental, Inc., in
the amount of $144,673, for the Ball Road Storm Drain Outlet Structure at the Anaheim
Barber City Channel 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.2 to an
agreement with CH2M Hill, Inc., in the amount of $19,988, for the Combined West
Anaheim Area Master Plan of Sanitary Sewers.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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Council Member Tait abstained on Item A6.
160 A7.
Accept the low bid of CY Young Industries, Inc., in the amount of $484,704.48 (excluding
tax), for Arena seat refurbishment in accordance with Bid #6236.
Mayor Daly noted that the seats were approximately 35 years old and when they were installed
at the Convention Center, they reflected the popular colors of the day which were orange and
brown.
Executive Director of Sports, Entertainment and Convention Center, Greg Smith, said that a
blue cloth fabric was proposed to match the carpeting that was going in the Arena. He added
that the back of the seats, which were now a tan color, would be painted black.
Council Member McCracken said that what was being done was rehabilitation and Director
Smith said that she was correct and that they were reupholstered and rebuilt seats since the 35-
year old seats were excellent metal seats. If each seat were to be replaced, he said it would be
in excess of $400 per seat for that type of quality and the total repair of the seat was $90 per
seat.
A8. Accept the lowest responsive bid of CST Environmental, Inc., in an amount not to
exceed $316,580 (tax inclusive), for Arena ceiling asbestos abatement at the Anaheim
Convention Center in accordance with Bid #6237.
A9. Waive the requirement for advertising and accept the bid of Cummins Power
Generation, in the amount of $172,185 (plus tax), for the purchase of one medium
voltage paralleling switchgear system for Public Utilities in accordance with Bid #6246.
A 10. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase
order to San Diego Rotary Broom Company, in an amount not to exceed $40,000
annually, for re-winding services on street sweeping brushes for Fleet Maintenance and
authorize the Purchasing Agent to execute up to two one-year renewal options.
A 11. Waive Council Policy No. 306 and ratify the issuance of a purchase order to International
Services, Inc., in an amount not to exceed $210,000, for a period from February 1, 2002
through May 31, 2002, for crossing guard services and direct staff to enter discussions
with school districts which utilize the crossing guard service to either reimburse that
amount in excess of $500,000 per year or to change the service level reducing the City's
cost to an amount not to exceed $500,000 per year.
A 12. Waive Council Policy No. 306 and authorize the Mayor and City Clerk to execute an
agreement with West Coast Arborists, Inc., in an amount not to exceed $500,000 a year,
for tree contract services for a period of one year with four one-year options to renew
and authorize the Purchasing Agent to exercise the renewal options.
A13. RESOLUTION NO. 2002R-36 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM requesting the Orange County Board of Supervisors approval of an
amendment to the John Wayne Airport Settlement Agreement consistent with Scenario I
in EIR 582.
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 6
179
A14. ORDINANCE NO. 5803 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code Relating to zoning (Reclassification No. 2001-00059).
179
A 15. ORDINANCE NO. 5804 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 99-00-05).
179
A16. ORDINANCE NO. 5805 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code Relating to zoning (Reclassification No. 99-00-09).
123
A 17. Approve and authorize the Chief of Police to execute the Civil Aircraft Hold Harmless
Agreement, the Civil Aircraft Landing Permit Agreement and any future agreements with
Los Alamitos for immediate and ongoing use of the Los Alamitos National Guard Airfield
for pilot training.
153
A 18. Approve and authorize the Human Resources Manager to execute the renewal
agreement for 2002 renewal rates for the Kaiser "Q" Health Plan of $188.38 for single
coverage and $501.83 for family coverage, effective March, 1, 2002.
105
A 19. Appoint Joel Ayala to the Anaheim Workforce Investment Board representing the
Business Community, term ending June 30, 2005.
123
A20. Approve and authorize the Public Utilities General Manager to execute the First
Amendment to an Agreement with EPOS Corp., in an amount not to exceed $55,000
(plus tax), for the acquisition of additional hardware, software and development services
associated with two customer information kiosks and approve future year(s)' annual
maintenance and support agreements with EPOS Corp. on the same terms and
conditions as the existing annual maintenance and support agreement, at an annual cost
not to exceed $5,000.
123
A21. Authorize the Public Utilities General Manager to execute the Standard Agreement, and
any related documents, with the State Water Resources Control Board to provide
funding to the Public Utilities Department to clean up a contaminated former gasoline
station located at 3270 West Lincoln Avenue.
123
A22. Approve and authorize the Public Utilities General Manager to execute an agreement
with the City of Orange to provide domestic water service to eleven proposed single-
family homes in the City of Anaheim.
179
A23. ORDINANCE NO. 5802 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code Relating to zoning (Reclassification No. 2000-00039) (Introduced at the Council
meeting of January 29, 2002, Item A30).
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A24. Approve minutes from the Adjourned Regular Council meeting of January 8, 2002 held
January 12, 2002 and regular meeting minutes of January 15, 2002.
MOTION:
RESOLUTIONS
SECOND
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 7
END OF CONSENT CALENDAR
Council Member Tait commented that the risk analysis performed by the Rand Corporation was
impressive and explained a number of different risk scenarios and showed how the financing
would do and how it would decrease the City's risk in the future.
Mayor Daly offered Resolutions Nos. 2002R-37 and 2002R-38 for adoption.
137 A25. RESOLUTION NO. 2002R-37 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (I) approving the issuance of not to exceed $100,000,000 aggregate
principal amount of revenue bonds of the Anaheim Public Financing Authority; (II)
approving the forms and authorizing the execution of an Installment Purchase
Agreement, an Indenture of Trust, a Continuing Disclosure Agreement, a Purchase
Contract and other related documents; (III) approving the deliver of an Official
Statement; and (IV) approving certain actions in connection therewith.
137 A26. RESOLUTION NO. 2002R-38 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (I) approving the issuance of not to exceed $90,000,000 aggregate
principal amount of revenue refunding bonds of the Anaheim Public Financing Authority;
(II) approving the forms of and authorizing the execution of an Installment Purchase
Agreement, and Indenture of Trust, Escrow Agreements, a Continuing Disclosure
Agreement, a Purchase Contract and other related documents; (III) approving the
delivery of an official statement; and (IV) approving certain actions in connection
therewith.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
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A27. Consider additions and/or deletions to the budget for the fiscal year 2001/2002.
No action taken by Council.
Items B1 throuah B9 From Plannina Commission Meetino of January 28. 2002: (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 FEBRUARY 19,
2002:
81. WAIVER OF CODE REQUIREMENT
179 CONDITIONAL USE PERMIT NO. 4148
AND NEGATIVE DECLARATION:
OWNER: Robert L. Zucherman, 1715 Glen Oaks Drive
Santa Barbara, CA 93108
AGENT: City of Anaheim, Planning Department
200 South Anaheim Boulevard, Anaheim, CA 92805
LOCATION: 601 South Maonolia Avenue. Property is approximately 0.46-acre
located at the southwest corner of Orange Avenue and Magnolia Avenue (Le's
Automobile).
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 8
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City-initiated (Planning Department) request to delete a condition of approval pertaining
to a requirement to obtain a conditional use permit for an existing non-conforming
billboard and to either waive provisions of the Zoning Code, including a provision
prohibiting any new use on the property while a nonconforming use exists, or imposing a
new condition requiring the removal of the nonconforming billboard and the payment of
compensation by the City pursuant to Business and Professions Code Section 5412.6.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (6 yes votes, Commissioner Vanderbilt absent).
Approved modification deleting Condition No. 22 of approval in Planning Commission
Resolution No. 2000R-57 for Conditional Use Permit No. 4148 (PC2002-13).
Negative Declaration previously approved.
B2.
CONDITIONAL USE PERMIT NO. 2001-04470
AND CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Resources I. Enrichment, 6254 E. Santa Ana Canyon Road
Anaheim, CA 92807
AGENT: Paul Kott Realtors, Attn: Paul Kott, 1125 W. Lincoln Avenue
Anaheim, CA 92807
LOCATION: 6254 East Santa Ana Canyon Road. Property is approximately 0.94-acre
with a frontage of 200 feet on the south side of Santa Ana Canyon Road, located 515
feet west of the centerline of Fairmont Boulevard.
Requests approval to expand an existing private school and day care facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04470 granted (PC2002-15) (6 yes votes,
Commissioner Vanderbilt absent).
B3.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2001-04494
AND NEGATIVE DECLARATION:
OWNER: Splinter Investments, Inc., Attn: Dan Moore
8 Turtle Bay Drive, Newport Beach, CA 92660
AGENT: Woody Chevrolet, Sherwood Okejas,
215 South Euclid Street, Anaheim, CA 92802
LOCATION: 273 and 275 West Manchester Court. Property is approximi
acre located at the southeast corner of Manchester Avenue and Loara StreE
Requests approval to establish land use conformity with existing Zoning COI
requirements for an existing telecommunications monopole with accessory!
mounted equipment and to permit a used auto sales facility with waivers of.
parking lot landscaping (deleted), and b) minimum landscaped setback.
Note: The Conditional Use Permit was readvertised and included the above request for
land use conformity. This request does not include the property at 214 North Loara
Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement, approved in part, denying waiver (a) and approving, in
part, waiver (b) (5 yes votes, Commissioner Koos abstained and Commissioner
Vanderbilt absent).
Conditional Use Permit No. 2001-04494 granted; automobile sales facility to expire
January 28,2004 (PC2002-16) (4 yes votes, Commissioner Eastman voted no,
Commissioner Koos abstained and Commissioner Vanderbilt absent).
Negative Declaration approved.
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 9
Mayor Daly asked if any consideration had been given to the value of demolishing the City
owned properties and incorporating them into the larger use.
Executive Director of Planning and Community Development, Joel Fick, responded that
Redevelopment staff had been working closely with the auto dealership to assemble the
surrounding properties owned by CalTrans.
Executive Deputy Director of Community Development, Brad Hobson, said that he believed that
the demolition had already been complete on the property owned by the City, which was one of
the smallest properties on that block which the Anaheim Redevelopment Agency controlled. He
said that the remaining buildings were owned by Woody Chevrolet. He said that there may be
some improvements that could be looked at on the corner, even for the interim period of two
years, he said, if it even took that long, and it was contingent upon controlling the Orange
CountyTransit Authority CalTrans parcels to the east.
Mayor Daly asked if there could be a benefit to improving the City properties in conjunction with
the privately owned properties and somehow even making revenue off of the City properties in
the interim period. He also asked if it were likely that the interim use would be there longer than
23-months.
Deputy Director Hobson said that it was contingent on the acquisition of the OCT A CalTrans
parcels. The Agency approved a contract this date for a consultant to assist with those
negotiations, he said.
Director Fick said that there had been meetings with the car dealership and they were very
interested in actively moving forward and it was the issue of resolving the CalTrans parcels.
Mayor Daly asked staff to consider integrating the City's properties into the look of the area and
he asked for a report on the status of the Orange County Transit Authority properties and what
the project time frame would be. Mayor Daly requested a meeting with staff to discuss the
vision for that whole neighborhood and asked if any of the interim improvements were to be
incorporated into the future car dealership or if they were truly interim and would be torn out.
Director Fick said that it was set up to be on an interim basis. He responded to Mayor Daly that
these were to be used cars for a period of two years.
Set for public hearing March 19, 2002, by Mayor Daly and Council Member Feldhaus.
B4.
VARIANCE NO. 4377
AND NEGATIVE DECLARATION:
OWNER: Festival Hotel Associates, 200 East Long Lake Road
Bloomfield Hills, M148303-0200
AGENT: Swain Signs, 1384 East Fifth Street, Ontario, CA 91764
LOCATION: 105 -125 South Festival Drive. Property is approximately 85 acres
located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road (The
Anaheim Hills Festival, Development Area 3).
Requests waiver(s) of maximum letter height of primary wall sign with more than one
row of letters for a previously-approved hotel.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4377 granted (PC2002-17) (6 yes votes, Commissioner Vanderbilt absent).
Negative Declaration previously approved.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 10
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B5.
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B6.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3304
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00003
ENVIRONMENTAL IMPACT REPORT NO. 283:
OWNER: Sycamore Canyon Plaza, Inc.
2125 East Katella Avenue, Suite 100, Anaheim, CA 92806
AGENT: Johnson Architects, Attn: Walter Lindgren
440 East Corporate Drive, Suite 102, Meridian, ID 83643
LOCATION: 731 South Weir Canyon Road. Property is approximately 11.9-acres
located at the southwest corner of Weir Canyon Road and Serrano Avenue (Sycamore
Canyon Plaza).
Conditional Use Permit No. 3304 - Requests to expand an existing drug store within a
commercial center with waivers of (a) maximum number of wall signs and (b) minimum
number of parking spaces.
Determination of Public Convenience or Necessity No. 2001-00003 - To allow the
retail sales of alcoholic beverages for off-premises consumption within an existing drug
store. (Withdrawn).
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved, in part, denying waiver (a) and approving waiver
(b) (6 yes votes, Commissioner Vanderbilt absent).
Modification of Conditional Use Permit No. 3304 approved (PC2002-18).
Determination of Public Convenience or Necessity No. 2001-00003 withdrawn.
Previously certified Environmental Impact Report No. 283 approved
CONDITIONAL USE PERMIT NO. 2001-04496
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Rollins Property, Inc., P.O. Box 563, Redding, CA 96049
AGENT: Phillip Schwartze, 31211 Casa Grande
San Juan Capistrano, CA 92675
LOCATION: 1801 East Ball Road. Property is approximately 1.52-acres with a
frontage of 179 feet on the north side of Ball Road located 490 feet west of the centerline
of State College Boulevard (former Hertz Equipment Rental).
Requests to permit an outdoor building materials storage yard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04496 granted (PC2002-19) (6 yes votes,
Commissioner Vanderbilt absent).
Mayor Daly asked about a time limit on the building material storage yard and Director Fick
responded that was an item that was an existing use and not a proposed item or required time
limit. It presently existed as storage yard, he said, and it was changing over from one aspect of
the use on a contractor basis.
Zoning Division Manager, Greg Hastings, said that this user was not on the property and the
property had been used historically as a storage yard. He said that with the conditions imposed,
staff felt that this was a much better use as a storage yard than previous storage yard uses such
as granite, tile and marble.
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WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2001-04495
AND NEGATIVE DECLARATION:
OWNER: Donald M. and Darlene J. Crisman, 3040 Julian Avenue
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 11
Long Beach, CA 90808
AGENT: Smog Check Centers, Inc., Attn: John Wilson
17922 Skypark Circle, Suite #A, Irvine, CA 92614
LOCATION: 2000 East Oranaethorpe Avenue. Property is approximately 0.45-acre
located at the southeast corner of Orangethorpe Avenue and State College Boulevard.
Requests to permit a smog check station with waiver of minimum number of parking
spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (6 yes votes, Commissioner Vanderbilt absent).
Conditional Use Permit No. 2001-04495 granted (PC2002-20).
Approved Negative Declaration.
REPORTS AND RECOMMENDATIONS:
179
B8.
CONDITIONAL USE PERMIT NO. 2000-04282 - REQUEST FOR A RETROACTIVE
EXTENSION OF TIME AND NEGATIVE DECLARATION: Spieker Properties, L.P.,
Attn: Mitch Ritschel, 19600 Fairchild Road, Suite 285, Irvine, CA 92612, requests a
retroactive extension of time to construct a 45-foot high office building with roof-mounted
equipment with waiver of required structural setback adjacent to a freeway. Property is
located at 150 North Riverview Drive.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved retroactive extension of time for Conditional Use Permit No. 2001-04491 to
expire on December 4, 2002) (6 yes votes, Commissioner Vanderbilt absent).
Negative Declaration previously approved.
Mayor Daly asked if this project requested redevelopment assistance and Manager Hastings
said he did not believe that this was a redevelopment area. Director Fick said that there was no
assistance requested on that project.
179
B9.
CONDITIONAL USE PERMIT NO. 2417 - REQUEST FOR TERMINATION: D.W.A.
Smith and Company, Inc., 1300 Quail Street, Suite #106, Newport Beach, CA 92660-
2711, requests termination of Conditional Use Permit No. 2417. Property is located at
5642 East La Palma Avenue, Unit 105.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2417 terminated (PC2002-12) (6 yes votes, Commissioner
Vanderbilt absent).
6:00 P.M. PUBLIC HEARINGS:
179 C1. AMENDMENT NO.4 TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN (SP 90-1)
AND NEGATIVE DECLARATION:
OWNER: State Teachers Retirement System of Ohio, Attn: Karen Finke, 8020 East
Santa Ana Canyon Road, Anaheim, CA 92808
AGENT: Coast Sign, Attn: Don Poole, 1345 South Allec Street Anaheim, CA 92805
LOCATION: 8182 East Santa Ana Canyon Road. Property is approximately 85 acres
located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road
(Anaheim Hills Festival Shopping Center).
Request to amend the sign criteria contained in the Festival Specific Plan (SP 90-1) to
allow additional wall signage for in-line tenants that rear onto Santa Ana Canyon Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 12
Recommended approval of Amendment NO.4 to the Anaheim Hills Festival Specific
Plan 90-1 (PC2001-173) (6 yes votes, Chairperson Arnold absent).
(Informational item at the Council meeting of January 8, 2002, Item B2).
A staff report was presented by Executive Director of Planning and Community Development,
Joel Fick, who said that a small portion of the Festival sign program was addressed and the
Specific Plan had very limited requirements pertaining to identification. The amendment
pertained to the two small buildings only that backed onto Santa Ana Canyon Road and plank
the main shopping center entrance and the two buildings had multiple tenants and their
entrances faced the parking lot. The sign program currently allowed only the end unit on the
two buildings to have a secondary sign facing Santa Ana Canyon Road and the amendment
would allow up to two additional signs per building to face the road. The signs would be limited
to fifteen square feet each and to the same language and logo displayed on the front of the
building. He said it would require flush mounted channel centers that were consistent in the
design, color and illumination and that were consistent with the design guidelines for the overall
center. The location of the wall signs was limited to the area directly above the architectural
archways, he said. The enhanced architecture of the back of the two buildings lent itself to a
framing aspect for the small signs and provided for the placement and design as properly
controlled by the Specific Plan and was limited by the exhibits. Planning had taken a look at
other commercial buildings along Santa Ana Canyon Road and had seen wall signage that
identified the tenants from Santa Ana Canyon Road was typical, regardless of the orientation of
the building and he said Planning felt it was consistent. Planning Commission unanimously
approved the applicant's request and since the Commission, Planning had worked closely with
the applicant to further refine the design restrictions for the signage as outlined in the
presentation and also in the ordinance.
Council Member Tait asked if this would affect the Pizza Hut restaurant in the Festival and
Director Fick responded that it did and that it was a corner unit and was entitled to have a sign
there now under the Specific Plan. A sign could be put up there as a matter of right within the
location that was permitted on the Plan, he said. He added that the amendment would allow
that small identification sign to be there and two other small identification signs to be on the face
of each of the two buildings.
Council Member Tait declared a potential conflict and left the Council dais.
Mayor Daly asked how many total retail units at the center would be affected by the amendment
and Director Fick said that along the Santa Ana Canyon frontage, there were many more
tenants within the regional center. He said that this would be very restrictive on two of the very
long buildings and where one corner sign was presently permitted, it would allow two additional
signs. There would be a total of three on each of the two buildings, recognizing that two were
permitted now. The signs would be north facing, he said, on Santa Ana Canyon Road.
Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing.
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. 2002R-39 for adoption.
RESOLUTION NO. 2002R-39 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING SPECIFIC PLAN NO. 90-1 FOR THE ANAHEIM HILLS
FESTIVAL AND AMENDING RESOLUTION NO. 90R-87 AS PREVIOUSLY AMENDED
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 13
ACCORDINGLY. (AMENDMENT NO.4 TO THE ANAHEIM HILLS FESTIVAL
SPECIFIC PLAN NO. 90-1.)
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring.
Noes - O. Abstain - 1, Council Member Tait. Motion carried.
126
C2.
--- , ....,.,..
ORDINANCE 5806 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING ORDINANCE NO. 5109 RELATING TO THE ANAHEIM HILLS
FESTIVAL SPECIFIC PLAN NO. 90-1 (AMENDMENT NO.4)
ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND MITIGATED
NEGATIVE DECLARATION/MITIGATION MONITORING PLAN NO. 004
GENERAL PLAN AMENDMENT NO. 393
AMENDMENT NO.5 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1
(INCLUDING AMENDMENTS TO THE LAND USE PLAN. DESIGN PLAN. AND
ZONING AND DEVELOPMENT STANDARDS)
AMENDMENT NO.3 TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE
PROGRAM
AMENDMENT TO CONDITIONAL USE NO. 4078
WAIVER OF CODE REQUIREMENT
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-1:
OWNERS: Price Enterprises, Inc., c/o Excel Legacy Corporation
Attention: William J. Stone, 16955 Via Del Campo, Suite 240
San Diego, CA 92127
Zaby Motor Lodge, Attention: Angelo Zaby and Thomas Zaby
444 West Katella Avenue, Anaheim, CA 92801
Francis A. Ursini, Joanne T. Christian, 1804 Hummingbird Drive
Costa Mesa, CA 92627
Pyrovest Corporation, Attention: Jeff Kok, President
1101 East Garvey Avenue, Suite 208, Monterey Park, CA 91755
City of Anaheim, Attention: Elisa Stipkovich, Community Development Director, 201
South Anaheim Boulevard, Anaheim, CA 92805
AGENT: Anaheim Center for Entertainment, LLC
Attention: Robert H. Shelton, 11 Keats Court, Coto de Caza, CA 92679
LOCATION: 400 West Disnev Way. 1737 South Clementine Street, 1755 South
Clementine Street. 1700 South Harbor Boulevard. 301 West Katella Avenue. and
401 - 409 West Katella Avenue. The irregularly-shaped project area, which is located
in the Anaheim Resort™, consists of approximately 29.1 acres located between Harbor
Boulevard and Clementine Street, and Disney Way and Katella Avenue. It has
approximate frontages of 1,500 feet on the south side of Disney Way between Harbor
Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street
between Disney Way and Katella Avenue (excluding Fire Station NO.3 at 1713-1717
South Clementine Street), 728 feet on the north side of Katella Avenue between
Clementine Street and a point 771 feet west of the centerline of Clementine Street, and
585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet
south of the centerline of Disney Way.
Request for approval of an amendment to the Pointe Anaheim Lifestyle Retail and
Entertainment Complex to permit the following: 634,700 gross square feet of
retail/dining/entertainment uses, which includes a 94,000 square foot aquarium; up to
four hotels comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 14
may be vacation ownership resort units) with approximately 322,071 gross square feet of
related accessory uses of which up to 178,120 gross square feet on top of the parking
structure may be used for a hotel conference center (the hotel rooms/suites and
accessory uses would encompass a maximum of 1,370,711 gross square feet); and a
1,949,800 gross square foot parking structure with up to 4,800 striped parking spaces
(the minimum number of striped parking spaces would be 3,752) and 15 bus spaces with
a 10,200 square foot bus terminal/facility for airport transport and to/from sightseeing
venues. The development of Pointe Anaheim, as proposed to be modified, would take
place in up to five phases.
Addendum to the Initial Study and Mitigated Negative Declaration/Mitigation
Monitoring Plan No. 004: Request for approval of the Addendum to the Mitigated
Negative Declaration/Mitigation Monitoring Plan No. 004, which addresses the proposed
modifications to the Pointe Anaheim project, including development in up to five phases.
General Plan Amendment No. 393: Request to amend the Land Use Element to
reflect the description of the Pointe Anaheim project as it is proposed to be modified.
Amendment No.5 to the Disneyland Resort Specific Plan No.
92-1: Request to amend the Pointe Anaheim Overlay to describe the Pointe Anaheim
project as it is proposed to be modified, as an integrated, mixed use development. The
Specific Plan Amendment includes text and exhibit changes throughout the document to
reflect the proposed modifications to the Pointe Anaheim project including, but not
limited to, the following:
. Amendment to the Land Use Plan to modify the project description including
development in up to five phases.
. Amendment to the Design Plan to modify the conceptual plans depicting the layout of
the Pointe Anaheim project, to add a Phasing Diagram, to modify the requirements
for interior setback landscaping adjoining The Anaheim Resort Specific Plan No. 92-
2 zoning and for landscaping along the perimeter of parking facilities, and to permit a
median break on Disney Way for vehicle access to and from Pointe Anaheim.
. Amendment to the Zoning and Development Standards to add vacation ownership
resort units, aquariums, on-site and off-site directional signs, and murals as
conditionally permitted uses.
Amendment No.3 to The Anaheim Resort Public Realm Landscape Program:
Request to modify the landscape concept plans for Disney Way (former Freedman Way)
to permit a signalized median break on Disney Way between Harbor Boulevard and
Clementine Street to provide vehicle ingress and egress to the Pointe Anaheim project.
Amendment to Conditional Use Permit No. 4078: Request to amend Conditional Use
Permit No. 4078 to modify the land uses and maximum square footages of the Pointe
Anaheim Lifestyle Retail and Entertainment Complex including development in up to five
phases, to modify the waiver of minimum number of parking spaces, and to amend the
conditions of approval to reflect the project modifications.
First Amended and Restated Development Agreement No. 99-1 between the City of
Anaheim and Excel Pointe Anaheim, LLC: Request for consideration of the First
Amended and Restated Development Agreement No. 99-1 vesting certain project
entitlements and addressing implementation of the Pointe Anaheim project, as proposed
to be modified, including development in up to five phases. The Planning Commission's
role is to look at the land use aspects of the Agreement, specifically whether to make a
recommendation to the City Council that the eligibility criteria has been met and whether
the findings in Section 2.3 of Exhibit A of Resolution No. 82R-565 can be made.
ACTION TAKEN BY THE PLANNING COMMISSION:
Addendum to the Pointe Anaheim Initial Study and Mitigated Negative
Declaration/Mitigation Monitoring Plan No. 004 approved (PC2001-159) (7 yes votes).
.-. - . ". 'TT
1
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 15
Recommended adoption of General Plan Amendment No. 393 (PC2001-160).
Recommended adoption of Amendment No. 5 to the Disneyland Resort Specific Plan
No. 92-1 (PC2001-161).
Recommended adoption of Amendment NO.3 to the Anaheim Resort Public Realm
Landscape Program (PC2001-162).
Amendment to Conditional Use Permit No. 4078 approved (PC2001-163).
Waiver of Code Requirement approved.
Determined that the development proposed meets the criteria for entering into the First
Amended and Restated Development Agreement No. 99-1 (PC2001-164).
(Continued from the Council meeting of December 11, 2001, Item C5 and January 8,
2002, Item C6).
Mayor Daly moved, seconded by Council Member McCracken, to continue Item C2 for two
weeks to February 26,2002, as requested by staff. Motion carried unanimously.
Report on Closed Session Actions:
In the case of Chevy Chase Anaheim Partners vs. City of Anaheim, et aI., Orange County
Superior Court Case No. 01 CC095, Council authorized the filing of a cross-complaint on behalf
of the Anaheim Housing Authority against the plaintiff, Chevy Chase Anaheim Partners relating
to the Park Vista project.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring.
Noes - O. Abstain - 1, Council Member Tait. Motion carried.
Mayor Daly moved, seconded by Council Member Feldhaus, authorizing a 2.5 percent salary
increase for the positions of City Attorney, City Treasurer and City Clerk and that the increases
be retroactive to July 1, 2001.
Roll call vote: Ayes - 3, Mayor Daly and Council Members Feldhaus and Tait. Noes - 2,
Council Members Kring and McCracken. Motion carried.
Council Communications:
Council Member McCracken spoke about Proposition 42 and said that it would be on the ballot
in March and said that it guaranteed that existing sales tax on gasoline be earmarked for
transportation purposes and it expired in 2007/2008. Proposition 42 would permanently
designate state sales tax for transportation and it had some financial ramifications for the City.
She said that a little over $3 million would come from state funds directed just for transportation
and the Orange County cities would total over $27 million per year for road and repairs and the
County would receive about $17 million from that state sales tax.
Council Member Kring spoke about the following issues: she asked that support of Proposition
42 be agendized as a resolution at the next Council meeting; that 301 H be agendized at the
next meeting as a workshop and she asked for Council's support; she spoke about Proposition
Wand stated that north Orange County was in need of parkland and the City would be short
changed if the great park was approved; she asked for an update from City Manager regarding
remnant properties or pieces of Orange County Transit Authority properties that could be
developed into dog parks; she asked City Manager to actively pursue the public's input in the
preparation of the City's general plan so that there would be community impact; and she asked
to look into creative financing to build a new fire station since the Orange Avenue Fire Station
could not house the fire engines at night.
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ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 2002
PAGE 16
Council Member Tait noted that Measure W was not printed in the sample ballot and he asked
people to read it before voting on it and recommended a no vote.
Council Member McCracken commented on the 301 H waiver and said that staff had been
working on the ramifications to the City and the Orange County Sanitation District and a study
session would be requested.
Mayor Daly spoke about 301 H and he asked the City Manager and staff to compile an
evaluation on the subject and the history and bring the information back to Council for review
prior to placing it on a Council agenda.
Council Member Kring noted that she would like to have 301 H agendized as a workshop and it
did not have to be on the next agenda.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 6:55 P.M.
Respectfully submitted:
~e~
City Clerk