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2002/01/29 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JAN UARY 29, 2002 -~.~ "-'"TT'. ". 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. Mayor Daly and Council Member Tait entered the Chamber at a later time. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder and Executive Director of Planning and Community Development Joel Fick. A copy of the agenda for the meeting of the Anaheim City Council was posted on January 25, 2002 at the City Hall inside and outside bulletin boards. Mayor Pro Tem Feldhaus called the regular meeting to order at 3:14 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. Ayes - 3, Mayor Pro Tem Feldhaus and Council Members McCracken and Kring. Mayor Daly and Council Member Tait were temporarily absent and joined Closed Session at a later time. Motion carried. The Council recessed to Closed Session at 3:15 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: Henkels & McCoy, Inc. v. City of Anaheim, Orange County Superior Court Case No. 00CC06189. 3. 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. 00CC09569. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1717 South Clementine Street Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: City of Anaheim and Excel Pointe Anaheim, LLC. Under negotiation: Price and terms 5. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS: Titles: City Manager, City Attorney, City Clerk, City Treasurer ANAHEIM CITY COUNCIL MEETING MINUTES JAN UARY 29, 2002 PAGE 2 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1831 South Harbor Boulevard Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: City of Anaheim and Peacock LLC. Under negotiation: Price and terms 7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code): one potential case. AFTER RECESS: Mayor Daly called the regular Council meeting of January 29,2002 to order at 5:15P.M. and welcomed those in attendance. INVOCATION: Pastor Ken Cartlidge, First Baptist Church of Christ FLAG SALUTE: Council Member McCracken PROCLAMATIONS AND DECLARATIONS: 119 Presenting Council Member Shirley McCracken with the Girl Scout Gold Key and proclaiming March 10 - 16, 2002 as Girl Scout Week ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS: City Attorney White noted that public comments must be limited to matters within the subject matter jurisdiction of the Council. Comments that were repetitious, he said, irrelevant or not related to matters of business within the jurisdiction of the Council may be ruled out of order as being disruptive to the orderly conduct of business by the Council. Persons who continued to disrupt a Council meeting were subject to rejection from the meeting room, he added. James Robert Reade, 100 West Midway Drive, Space #124, spoke about a situation at the Golden Skies Mobile Home Park and asked the Council and Police Department to hire African- American and Mexican-American police officers. He complained about the Police Department and problems with his landlord. Kathy Wright represented the sound wall coalition and she noted that there had been difficulties with the City of Yorba Linda. After attending a couple of their meetings, she said that the coalition was concerned with the Metrolink station that had been approved and she spoke with Yorba Linda who had approved a negative declaration on January 16, 2002. Ms. Wright thought that there would be thirty days to appeal the negative declaration and the City of Yorba Linda said it was only fifteen days and that an appeal would need to be made by January 31, 2002. The response to comments indicated that there would be no increase in whistle blowing and only the Metrolink trains had been addressed and not the freight trains. She noted that every freight train was required to blow their whistle any time anyone was around or near the station and there were at least 75 trains per day. She added that if the sound wall was in place, there would not be a problem. _..~... ...._1. ~ "............H.._....".c._.d_"~.",,. .-.-."J.. ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29,2002 PAGE 3 City Manager Morgan said that the City was aware of the situation and had been in communication with the City of Yorba Linda staff. It was the City's intent to file an appeal and Yorba Linda would be contacted within the next two days, he added. Ms. Wright asked if it was a 30-day or 15-day appeal period and Executive Director of Planning and Community Development, Joel Fick, said that the appeal period expired on January 31, 2002, and staff was actively working on the issue. City Attorney White stated that the appeal period was determined by the Yorba Linda Municipal Code and every City had the right to set it's own time frame for filing appeals. He noted that a 15-day appeal period would expire on January 31, 2002. Ralph Mountview, 1660 West Broadway, said that his rent had been raised three times in the last year. He said that there was also special extra charges added and he expressed his concern for the elderly that live at Bel Age Manor. He spoke about Section 8 housing and urged Council to come to a resolution with guidelines for elderly people. Mayor Daly noted that Mr. Mountview was receiving a Section 8 housing subsidy from the Anaheim Housing Authority. City Manager Morgan said that there were some restrictions on Section 8 and staff would investigate the issue. Allan Beek, 2007 Highland, Newport Beach, spoke about Measure Wand said that taxpayers would pay $87 million each year for twenty-five years for a park. He said if Measure W was passed and the taxes were not approved the land could be possibly be used for commercial, industrial and other urban uses. Rex Ricks, Huntington Beach, spoke about Long Beach Airport and said that it was pointed at Orange and Cerritos Avenues in Anaheim. He said that if the EI Toro Airport did not happen, Long Beach Airport would have to grow and would impact the City and if EI Toro would not be used, other airports such as Long Beach and Los Alamitos would have to expand. Less would be owed for a great park, he noted. Barry Gilbert, 1774 Ninth Street, noted that there were two pieces of property left from a development of Katella Avenue Super Street and he said that the local people did not want any variances from RS-7200. He said that the two pieces of property left were smaller than 7,200 square feet, at most 53-feet wide, and did not meet the 70-foot wide requirement. He was concerned and noted that there was someone trying to buy at least one of the properties and he said that they did not have to go through a variance. Mayor Daly asked Mr. Gilbert if he had been in contact with the Planning Department and he said that he had and all of the possibilities had not yet been resolved. Mayor Daly noted that for any buyers of the surplus properties, in order for them to build on less than 7,000 square foot lots, they would have to go through the City Planning Commission and process the request. Executive Director of Planning and Community Development, Joel Fick, said that Planning Department explored remnant parcels on an individual basis with the Attorney's Office. He said that some pieces had non-conforming rights and the Department would review the property and report the result back to Council. -.. , "'1'T ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29,2002 PAGE 4 Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Mayor Daly offered Resolutions Nos. 2002R- 30 through 2002R-35 for adoption. Motion carried unanimously. 118 A1. Reject certain claims filed against the City. 128 117 156 105 Receive and file the Monthly Financial Analysis Report presented by the Finance Director for five months ended November 30, 2001; the Investment Portfolio Report of December 2001; the Crime and Analysis Report of December 2001; minutes of the Deferred Compensation Committee meeting of September 26, 2001 and October 10, 2001; minutes of the Golf Advisory Commission meeting of October 25, 2001; minutes of the Workforce Investment Board meeting of November 15, 2001; and minutes of the Anaheim Public Library Board meeting of December 3, 2001. A2. 175 A3. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of $825,000, for the Electric System 12KV Reliability Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 150 A4. Award the contract to the lowest responsible bidder, Green Giant Landscape, in the amount of $108,196, for the Delphi Ballfield Improvements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Daly noted that this item was to make sure that all the utilities were in good shape and finish off the City's investment. Council Member McCracken said that she hoped there would be fund raising in the professional sports community to help the project and maintenance. Mayor Daly asked the City Manager to follow through on the commitments previously made. 175 A5. Award the contract to the lowest responsible bidder, SRD Engineering, Inc., in the amount of $82,380, for the Pressure Regulating Station No. 55 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 167 A6. Award the contract to the lowest responsible bidder, TFN Architectural Signage, in the amount of $115,132.47, for the Combined Signage Program for the Arrowhead Pond, Edison International Field and the Convention Center. Council Member Feldhaus asked if thought had been given to placing directional signage in other entryways or the gateway into the City towards the Convention Center and Stadium. Mayor Daly directed the City Manager to report back to Council regarding signage that would be of assistance to people entering the City from other locations. _.......--.--I..--"-~_........-."..__.. ~._........,~.___..~__.._...;........~_. ..- , 123 165 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29,2002 PAGE 5 A7. Approve the agreement with Kimbro Consulting, in an amount not to exceed $100,000 annually, for appraisal services. A8. Approve Contract Change Order No.1 in favor of Thomco Construction, Inc., in the amount of $13,302.05, for the modification of City Hall East walkway. A9. Approve and authorize the Mayor and City Clerk to execute Amendment NO.1 to District Agreement No. 12-197 A-1 with the State of California for construction services on the 1- 5 North Freeway Widening Project for the Disney Way/Anaheim Boulevard 1-5 HOV interchange. 123 A 10. Approve and authorize the Mayor and City Clerk to execute Amendment NO.1 to District Agreement No. 12-198 A-1 with the State of California for construction services on the 1- 5 North Freeway Widening Project for the Disneyland Drive/Manchester Avenue 1-5 HOV interchange. A 11. Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to District Agreement No. 12-199 A-1 with the State of California for construction services on the 1- 5 North Freeway Widening Project for the Orangewood Avenue Undercrossing. 123 A 12. Approve and authorize the Mayor and City Clerk to execute Amendment NO.2 to District Agreement No. 12-205 A-2 with the State of California for construction services on the 1- 5 North Freeway Widening Project for the Gene Autry Way (East) 1-5 HOV interchange. 158 A 13. Approve and authorize the Mayor and City Clerk to execute the Agreement for Acquisition of Real Property for property located at 2832 Ball Road for the Ball Road Street Improvements and authorize the acquisition payment of $28,374 to Ball Road Corporation. 158 A 14. Approve and authorize the Mayor and City Clerk to execute the Agreement for Acquisition of Real Property for property located at 1008 West Lincoln Avenue for the Lincoln Avenue Phase II/Street Widening Project and authorize the acquisition payment of $500 to Martin Ronson, Trustee. 158 A 15. RESOLUTION NO. 2002R-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting a certain deed conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 10475). 158 A16. RESOLUTION NO. 2002R-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10478, 10479, 10477, 10476, 10483 and 10482). A17. RESOLUTION NO. 2002R-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10484, 10485 and 10486, inclusive). 158 176 A 18. RESOLUTION NO. 2002R-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA 2001-00037) (Ox Road, west of the 1-5 and east of Disneyland Drive). --..,,"'" , .~_4.'""""~_""",, .. '".' ..,--",".. ,.~,-,_.,,".......--,. .-.~",,"'" 176 160 - 160 160 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29,2002 PAGE 6 Item A 18 set for public hearing March 5, 2002. A 19. RESOLUTION NO. 2002R-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2001-00049) (White Star Avenue between Blue Star Avenue and La Palma Avenue). Item A 19 set for public hearing March 5, 2002. A20. Authorize the Purchasing Agent to issue purchase orders to Siemens Power Transmission and Distribution, Inc., in an amount not to exceed $444,000 (plus tax), for a two-year period beginning January 30, 2002 through January 29, 2004, for electric real-time meters and back-up communication antennae to be used by the Utilities Department. A21. Accept the bid of ILJIN Heavy Industries, in the amount of $718,080 (excluding tax), for two three-phase load tap changing power transformers in accordance with Bid #6234. A22. Accept the low bid of SCS Flooring Systems, in the amount of $312,649 (including tax), to remove and replace the Arena carpet in accordance with Bid #6240. A23. Approve and authorize the Public Utilities General Manager to execute the Second Amendment to the San Onofre Second Amended Operating Agreement among Southern California Edison Company, San Diego Gas & Electric Company, the City of Anaheim and the City of Riverside relating to the operation, maintenance and cost associated with the San Onofre Nuclear Generating Station. A24. Approve and authorize the Public Utilities General Manager to execute an agreement with Arnold Ontes Design, Inc., in an amount not to exceed $70,000, for professional consulting and graphic design services for a period of one year with the option for two consecutive extensions up to one year each to produce utility related outreach and educational materials consistent with the Citywide branding and communication standards. 123 A25. Approve and authorize the Public Utilities General Manager to implement an expanded Home Incentives Program and execute the Amendment to an Agreement with Xenergy, Inc., in the amount of $30,000, to provide additional administrative services for the Program. 156 A26. Authorize the transfer of ownership of retired Police Canine "Riker" to his former handler, Officer Matthew Ziemba. 113 A27. RESOLUTION NO. 2002R-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Police Department). 156 A28. Authorize the Police Department to accept a donation of a 1994 Horton ambulance for use by the Police Department's Special Tactics Detail. 170 A29. Approve and authorize the Mayor and City Clerk to execute the Final Map and Subdivision Agreement of Tract No. 16171 for single family homes. ......,..,_.. ..q.....-. ...........", ",...............,..." "_""'H'._",-'" ...,^,.,.,~ ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29, 2002 PAGE 7 179 A30. ORDINANCE NO. 5802 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEI M amending the zoning map referred to in Title 18 of the Anaheim Municipal Code Relating to zoning (Reclassification No. 2000-00039). 114 A31. Approve minutes from the Council meeting of January 8,2002. END OF CONSENT CALENDAR 106 A32. Consider additions and/or deletions to the budget for the fiscal year 2001/2002. No action taken by Council. 124 A33. Nominate and appoint a member to the Community Center Authority to fill the vacancy of JoAnn Barnett for a non-established term (Continued from the Council meeting of November 13, 2001, Item A24; December 11, 2001, Item A30; January 8, 2002, Item A47; and January 15, 2002, Item A27). Mayor Daly opened nominations and nominated Paul Kott. Council Member Kring nominated Keith Murdock. Mayor Daly moved, seconded by Council Member Kring, to close nominations. Motion carried unanimously. Vote on Paul Kott: Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Tait. Noes - O. Abstained - 1, Council Member Kring. Vote on Keith Murdock: Roll call vote: Ayes - 1, Council Member Kring. Noes - O. Abstained - 4, Mayor Daly and Council Members McCracken, Feldhaus and Tait. Council Member Kring changed her vote to aye for a unanimous appointment of Paul Kott to the Community Center Authority. Items 81 throuoh 83 From Zonino Administrator MeetinQ of January 10. 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 JANUARY 29,2002: 179 81. VARIANCE NO. 2001-04468. CATEGORICALLY EXEMPT - CLASS 3: OWNER: Moussa Raiszadeh, 5500 E. Santa Ana Canyon Road, Anaheim, CA 92807 AGENT: Moussa Raiszadeh, 7649 E. Hollow Oak Road, Anaheim, CA 92808 LOCATION: 349 South RamsQate Drive. Property is 0.7-acre property, having a frontage of 111 feet on the west side of Ramsgate Drive, a maximum depth of 265 feet and is located 265 feet north of the centerline of Whitestone Drive. Waiver of maximum structural height to construct a new single-family home in the RS- HS 22,000 (SC) (Residential, Single Family Hillside; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: , ....-rr ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29,2002 PAGE 8 179 B2. Variance No. 2001-04468 approved (ZA2002-03). VARIANCE NO. 04473. CATEGORICALLY EXEMPT - CLASS 3: OWNER: David Linskens. 370 S. Timken, Anaheim, CA 92808 AGENT: David Linskens, 3156 E. La Palma Avenue, Suite J, Anaheim, CA 92806 LOCATION: 370 South Timken Road. Property is 0.45 acre having a frontage of 246 feet on the east side of Timken Road, having a maximum depth of 120 feet and is located 1,250 feet south of the centerline of Mohler Drive. Waiver of minimum rear yard setback to construct a new one-story single-family residence, with an attached garage in the rear, in the RS-HS 22,000 (SC) (Residential, Single Family Hillside; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2001-04473 approved (ZA2002-04). VARIANCE NO. 2001-04474. CATEGORICALLY EXEMPT - CLASS 1: OWNER: Enrique Mendez, 915 N. Dickel Street, Anaheim, CA 92805 LOCATION: 915 N. Dickel Street. Property is 0.13 acre having a frontage of 50 feet on the west side of Dickel Street, having a maximum depth of 109 feet and is located 180 feet north of the centerline of LaVerne Street. Waiver of minimum front yard setback to construct a living room expansion and a covered porch within the front yard setback area of a single-family residence in the RS- 7200 (Residential, Single Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2001-04474 approved (ZA2002-05). Items B4 throuah B16 From PlanninQ Commission Meetina of January 14. 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 5, 2002: 179 B3. 179 179 B4. CONDITIONAL USE PERMIT NO. 1424 AND NEGATIVE DECLARATION: OWNER: Corky Robert Smith Trust, P. O. Box 5440, Los Angeles, CA 90054 AGENT: Excel Auto Body, Attn: Jon Thompson, 554 South Atchison Street, Anaheim, CA 92805 LOCATION: 2223 East Katella Avenue. Unit C. Property is approximately 5.48 acres located north and west of the northwesterly corner of Katella Avenue and Howell Avenue. Request to permit an automotive center with three independent automotive businesses, including an automotive sales dealership with accessory auto finance services, and an automotive repair facility with a modular office building. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 1424 approved (PC2002-3) (7 yes votes). Negative Declaration approved. B5. VARIANCE NO. 2001-04461. CATEGORICALLY EXEMPT - CLASS 11: OWNER: Heinz-Crowley Company, 303 Poppy Avenue, Corona Del Mar, CA 92625 AGENT: Plasti-Line West, Attn: Frank Witherington, 1625 Taylor Avenue, Corona, CA 92882 - ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29,2002 PAGE 9 179 86. 179 B7. LOCATION: 1231-1251 Auto Center Drive. Property is approximately 6.91 acres located at the northwest corner of Auto Center Drive and Phoenix Club Drive (Hardin Buick Pontiac GMC). Waiver of (a) maximum number of signs, (b) maximum sign area, (c) minimum distance between freestanding or monument type signs, (d) maximum height of freestanding or monument-type signs and (e) maximum sign width, to construct a seventh sign (five monument signs existing, one under construction and one freestanding sign proposed) for an existing auto dealership. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2001-04461 granted (PC2002-4) (7 yes votes). CONDITIONAL USE PERMIT NO. 4128 AND NEGATIVE DECLARATION: OWNER: Yassini Marteza, P. O. Box 2110, Ventura, CA 93002 AGENT: Dan Van Rosen, 700 North Brookhurst, Anaheim, CA 92801 LOCATION: 600 - 626 North Brookhurst Street. Property is approximately 4.8 acres located at the southeast corner of Brookhurst Street and Gramercy Avenue. Request for an amendment to a condition of approval to permit the sales of propane in conjunction with a previously-approved gasoline service station. ACTION TAKEN BY THE PLANNING COMMISSION: Denied amendment to conditions of approval for Conditional Use Permit No. 4128 (PC2002-5) (7 yes votes). Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 3802 AND NEGATIVE DECLARATION: OWNER: Elva M. West, 5201 East Crescent Drive, Anaheim, CA 92807 AGENT: George Staehling, 18200 Avenida Bosque, Murietta, CA 92562 LOCATION: 1500 East Lincoln Avenue. Property is approximately 0.79-acre with a frontage of 165 feet on the south side of Lincoln Avenue located 1,480 feet west of the centerline of Cliffrose Street (Eastside Jewelry and Loan). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on January 5, 1999 to expire January 5, 2002) to retain a pawn shop within an existing commercial center. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 3802 for five years to expire on January 5,2007 (PC2002-6) (4 yes votes, Commissioners Eastman, Koos and Vanderbilt voted no). Negative Declaration previously approved. Set for public hearing on February 26, 2002, by Mayor Daly and Council Member McCracken. 179 B8. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04487 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Bernick Alvarez, 1134 North Boden Drive, Anaheim, CA 92805 AGENT: Jim Dominguez, 609 North Townsend Street, Santa Ana, CA 92703 LOCATION: 1134 North Boden Drive. Property is approximately 0.24 acre with a frontage of 76 feet on the east side of Boden Drive located 176 feet south of the centerline of Romneya Drive. Requests to permit and retain an existing granny unit in conjunction with an existing single-family residence with waivers of (a) required side yard setback, (b) required rear yard setback and (c) permitted encroachment into required yard (waiver (c) deleted). -....... ........~ ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29,2002 PAGE 10 179 B9. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of code requirement denied (7 yes votes). Conditional Use Permit No. 2001-04487 denied (PC2002-7). CONDITIONAL USE PERMIT NO. 3874 AND NEGATIVE DECLARATION: OWNER: Larry P. Henry, 7672 Holder Street, Buena Park, CA 90620 AGENT: The Consulting Group, Attn: Adam Hunzeker, 18500 Von Karman Avenue, Suite 870, Irvine, CA 92612 Pacific Bell Mobil Services, 1300 Dove Street, Suite 100, Newport Beach, CA 92660 LOCATION: 329 North Manchester Avenue. Property is approximately 0.12-acre with a frontage of 198 feet on the south side of Manchester Avenue located 328 feet west of the centerline of Loara Street. Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (originally approved on October 28, 1996 to expire on October 28, 2001) to retain a telecommunication monopole antenna. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 3874 for two years to expire on October 28,2003 (PC2002-8) (5 yes votes, Commissioner Koos abstained due to conflict and Commissioner Boydstun absent). Negative Declaration previously approved. In response to Mayor Daly, Executive Director of Planning and Community Development, Joel Fick, said that there were opportunities in the area and Planning and Community Development staff were working together. The two-year time frame, he said, fit in within the Verizon time frame for activities to occur and he said he thought that two years was acceptable. Mayor Daly asked if Verizon would be seeking another extension or looking for another location or trying to co-locate their facilities. Director Fick said that as technology changed and new buildings occurred within the vicinity, it provided other opportunities and that was why the two- years were acceptable to staff. 179 Mayor Daly asked that it be conveyed to Verizon that the project was in the heart of the community at a key intersection and he asked if there was a way to co-locate the facility or to use the new technology to reduce the visual impact of their antenna. He said that this had been an industrial area and would not be for long and was already in transition. B10. CONDITIONAL USE PERMIT NO. 2000-04286 AND NEGATIVE DECLARATION: OWNER: Nader Seme Safaie, 13741 Clinton Street, #46, Garden Grove, CA 92683 AGENT: Pizza Town, Attn: Nader Seme Safaie, 13741 Clinton Street, #46, Garden Grove, CA 92683 LOCATION: 2235 West Lincoln Avenue. Property is approximately 0.18-acre located at the northwest corner of Lincoln Avenue and Kathryn Drive (Pizza Town). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on January 17, 2001 to expire January 17,2002) to retain on-premises sales and consumption of beer and wine in conjunction with a sit-down restaurant with outdoor seating. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 2000-04286 for five years to expire on January 17, 2007 (PC2002-9) (7 yes votes). Negative Declaration previously approved. --.."-..........-..! ',.."_"....... <t' .,.... ,;....." "~.,._..,.-..-"~_,. 0,'_ - 179 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29,2002 PAGE 11 B11. CONDITIONAL USE PERMIT NO. 2147 AND ENVIRONMENTAL IMPACT REPORT: OWNER: Mobil Oil Corporation, P. O. Box 290, Dallas, TX 75221 AGENT: Exxon Mobil Corporation, 3700 West 190th Street, Torrance, CA 90509 LOCATION: 1477 North Jefferson Street. Property is approximately 7.7-acres with a frontage of 313 feet on the west side of Jefferson Street located 360 feet south of the centerline of Orangethorpe Avenue (Mobil Atwood Terminal). Requests to expand a petroleum fuel distribution terminal to add a new ethanol storage tank and truck unloading rack. ACTION TAKEN BY THE PLANNING COMMISSION: Approved expansion and modification of Conditional Use Permit No. 2147 (PC2002-10) (7 yes votes). Approved previously certified Environmental Impact Report. B12. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2001-00002. CATEGORICALLY EXEMPT - CLASS 1: OWNER: Company I. Marang, 523 Sycamore Avenue, Fullerton, CA 92831 AGENT: PK Beer and Wine, Attn: Parveen K. Sehdev, 10024 Brenda Avenue, Buena Park, CA 90620 LOCATION: 985 South Beach Boulevard. Property is approximately 0.51-acre located at the northwest corner of Ball Road and Beach Boulevard (PK Beer and Wine Market). Request to allow the retail sales of beer and wine for off-premises consumption within an existing convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: Determination of Public Convenience or Necessity No. 2001-00002 denied (PC2002-11) (6 yes votes, Commissioner Boydstun voted no). REPORTS AND RECOMMENDATIONS: B13. CEQA EXEMPTION SECTION 15061 (bH3) ZONING CODE AMENDMENT NO. 2001-00012 - REQUEST FOR A ZONING CODE AMENDMENT PERTAINING TO MOTEL CONVERSIONS: City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805, City-initiated (Motel Task Force), request for a code amendment pertaining to motel conversions. City-wide. ACTION TAKEN BY THE PLANNING COMMISSION: Zoning Code Amendment No. 2001-00012 withdrawn. B14. CONDITIONAL USE PERMIT NO. 2001-04394 - REQUEST FOR EXTENSION OF TIME AND NEGATIVE DECLARATION: Spirit of America Tours, Attn: Ken Lycett, 3040 East Coronado Street, Anaheim, CA 92807, requests a retroactive extension of time to comply with conditions of approval (originally approved on July 30, 2001 and expired on October 30, 2001) for a previously-approved bus storage and dispatch facility. Property is located at 3040 East Coronado Street. ACTION TAKEN BY THE PLANNING COMMISSION: Denied retroactive extension of time of Conditional Use Permit No. 2001-04394 (7 yes votes). __.~..... .~t ..._-".~~...... .......;.. ..,,-,,,,-,.._.---~____=- ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 29, 2002 PAGE 12 179 B15. CONDITIONAL USE PERMIT NO. 2685 - REQUEST FOR TERMINATION: Endie Widjaja, 1330 Olympic Boulevard, Santa Monica, CA 90404-3726, requests termination of Conditional Use Permit No. 2685 (Tracking No. CUP 2001-04483). Property is located at 1074 North Tustin Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2685 terminated (PC2002-1) (7 yes votes). 179 B16. CONDITIONAL USE PERMIT NO. 3862 - REQUEST FOR TERMINATION: Mesa Partners, Attn: Richard A. Marion, 2550 East Miraloma Way, Anaheim, CA 92806, requests termination of Conditional Use Permit No. 3862. Property is located at 2550 East Miraloma Way. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3862 terminated (PC2002-2) (7 yes votes). D. Report on Closed Session Actions: None. E. Council Communications: Council Member Kring encouraged citizens to attend California Surf games. Council Member Feldhaus asked that the City Manager or the appropriate staff member look at the code violations on west Ball Road. He asked to reaffirm support of the airport at EI Tore and not Measure W. Mayor Daly noted that the staff had been focused on the curfews at John Wayne Airport and City Manager Morgan stated that staff had considered bringing forward a Resolution for Council at their next meeting in support of the extension of the John Wayne Settlement Agreement. He said that as part of that, a message of support for EI Toro could be included. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 6:18 P.M. respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clef k ...._,.;).,....,....'''.._'_.._.'''~_.,._~_._.___.~"...... ,,,...~_."",~-'-"~"'"'""'...~_~,._.:..h~