2002/10/15ANAHEIM, CALIFORNIA
CITY COUNCIL ADJOURNED REGULAR MEETING
OCTOBER 15, 2002
The City Council of the City of Anaheim met in adjourned regular session. The Notice of
Adjournment was posted at 3:00 P.M. on October 15, 2002 on the exterior door of the Anaheim
Council Chambers, announcing the adjournment to 3:30 P.M. due to a lack of quorum.
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 of Community Development and Planning Joel Fick, Zoning
Division Manager Greg Hastings, Executive Director of Community Development Elisa
Stipkovich and Public Works Operations Manager Doris Roush.
A copy of the agenda for the meeting of the Anaheim City Council was posted on October 11,
2002 at the City Hall inside and outside bulletin boards.
Mayor Pro Tem Frank Feldhaus called the regular meeting to order at 3:35 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. Mayor Tom Daly Absent.
ADDITIONS/DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Council Member McCracken moved to recess to Closed Session, seconded by Council
Member Kring. Mayor Daly absent. Motion carried. The Council recessed to Closed Session
at 3:36 P.M.
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 al., Orange County Superior
Court Case No. 76-32-58.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: In re: Ogden New York Services, Inc. et al., U.S. Bankruptcy Court No.
02-40846-cb (SDNY).
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of
litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code)
Number of potential cases: one
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the
Government Code)
Number of potential cases: one
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 2
Name of case: The Lincoln Club of Orange County, et al., v. City of Anaheim, et al.,
United States District Court Case No, SACV 02-874 CLT (MLGx)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Titles: City Attorney, City Clerk
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Steele, et al. v. City of Anaheim, et al., Orange County Superior Court
Case No. 02CC01172.
119
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 15, 2002 to order at 5:30 P.M. and
welcomed those in attendance.
INVOCATION: Pastor Jimmy Gaston, State College Church of Christ
FLAG SALUTE: Mayor Pro Tem Frank Feldhaus
PROCLAMATIONS AND DECLARATIONS: Recognizing long-term employees of the City of
Anaheim and proclaiming October 2002 as Lupus Awareness Month.
Recognitions to be presented at a later date were a proclamation recognizing October 26, 2002,
as Make a Difference Day, a proclamation recognizing October 2002 as Arts and Humanities
Month and a proclamation recognizing October 2002 as Influenza Awareness Month.
At 5:50 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency meeting.
Mayor Daly reconvened the City Council meeting at 6:08 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade said that the care of human life and happiness and not their destruction,
was the first and only legitimate object of good government and that standing for right when it
was unpopular was a true test of moral character.
Leonard Lahtinen stated that he was a member of the Board of Trustees of North Orange
County Community College District and commented that former Martin Luther Hospital building
was now the Anaheim campus of the North Orange County Community College District. He
noted that the child care center and culinary arts departments were still under construction. He
announced that the grand opening would be in November and classes would begin in January
2003.
Norm Kredit said that Parks and Recreation had made a presentation to his neighborhood on
the revision of Pioneer Park by adding a baseball diamond and playing field that would be
lighted. This was a family picnic and neighborhood park, he explained, and the neighbors were
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 3
opposed to the lighted park because of the significant impact to the school, the people on
Underhill and the traffic and activity on Sunkist. A playing field and ball diamond was brought to
the western edge of the park by Sunkist and he said he believed that the other parts of the park
were left out. The parking issue was a preeminent issue to that park and was hurting the value
of the homes in the area, he said. He noted that there were 150 members present at the
meeting and he asked the Council to minimize the impact of a ball diamond and playing field at
Pioneer Park. A community center would be great or multi-purpose rooms for tutoring or
Parent-Teacher Association meeting, he finalized.
Mayor Daly noted that Council was cognizant that careful planning was needed to make sure
that the best use was pursued for the site while being compatible with the neighborhood and
honoring the history and evolution of the park and school. He said there was a need for a
comprehensive master plan of the entire site that would take into account all of the issues Mr.
Kredit had discussed.
City Manager David Morgan stated that staff had been contacting the community to receive
input for the planning of the project. The focus that staff had, until now, he said, was too narrow
and was focused on the western part of the property. He said that what was needed was to
make sure that it would benefit the entire neighborhood and the next step would be to get back
with the community and hear all of the ideas and concerns. He recommended going back to
staff and working with the community to identify all of the concerns; identify what the alternatives
were and let the community know that nothing would happen unless the community knew
exactly what it would be and the Council would have to be comfortable with it. There was no
funding to make the improvements and he asked to understand the goals of the community and
Council so that staff could pursue funding as they moved along.
Mayor Daly reassured the citizens that the Council had taken the issues seriously and no
decisions had been made except the purchase of the private home. He noted that there may be
some opportunities on the north side of the school, where the little league diamonds were and
there was property for sale along La Palma Avenue and asked for a more comprehensive
master plan.
Council Member Kring suggested having large groups who wanted to have picnics pay a $100
deposit they would get back if the area was left clean.
Chuck Miller spoke on behalf of the Underhill neighborhood group located across the street from
Pioneer Park and said that they were opposed to the expansion or development of the park, in
terms of pollution. He asked for the levels of pollution that would be associated with the project
in regard to traffic, noise and clutter.
Mayor Daly asked about the period of time and the schedule for future discussions and when
the Council would be asked to make a decision on Pioneer Park.
City Manager Morgan said about 90-days and said that staff would take as much time as
necessary. The neighborhood would have the opportunity to provide input and he said that
another neighborhood meeting would be scheduled within the next couple of weeks.
Thomas Holguin spoke about Pioneer Park and asked that staff look at safety and parking
issues.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 4
Rosemary Bell said she did not want the baseball diamond and noted that the traffic on Sunkist
was terrible.
Esther Wallace spoke on behalf of West Anaheim Neighborhood Development group and
announced that there was a Council candidate's forum on October 17, 2002 at Maxwell School
at 7:00 P.M., a Mayor's candidate's forum on October 18, 2002 at 7:00 P.M. at the Freedman
Forum and a candidate's forum on October 24, 2002 at 7:00 P.M. at Maxwell School.
Barabara Gonzalez invited Council Members to the Neighborhood Council meetings on the
fourth Thursday of the month at the Community Center.
Frank Krajenbrink explained that late at night in Pioneer Park there was trouble with trash, noise
and gangs and asked that it be taken into consideration when Parks and Recreation gathers
information to prepare a proposal for the park.
Paul Albritten spoke on Item A31, Verizon Wireless, noting the continuation of the item.
Martha Nunez spoke on Item A13 regarding a Memorandum of Understanding with the Anaheim
City School District for the Ponderosa Park and School Project and stated that it would affect
her grandparents who lived in that area.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member McCracken. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A30: 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. Council Member Feldhaus abstained on Item
A8; Council Members Tait and Kring abstained A16, Council Member Kring abstained on Item
A24 and Item Al0 was continued to November 19, 2002. Mayor Daly offered Resolutions Nos.
2002R-216 through 2002R-217 and Ordinance Nos. 5830 through 5833 for adoption. Motion
carried unanimously.
118 Al. Reject certain claims filed against the City.
128
A2.
Receive and file the Monthly Financial Analysis Report presented by the Finance
Director for two months ended August 31,2002.
129
A3.
Award the contract to the lowest responsible bidder, 2H Construction, Inc., in the amount
of $103,000, for Fire Headquarters second floor kitchen remodel.
160
A4.
Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase
order to Motorola, in the amount of $345,152.04 (excluding tax), for 800 MHz radio
equipment.
169
A5.
Approve and authorize the Director of Public Works to execute Change Order No. 1 in
favor of CCI Construction, Inc., in the amount of $391,007.50, for Euclid Street
Improvements.
160
160
160
123
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123
142
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 5
A6.
Accept the Iow bid of Vance and Associates Roofing, Inc., in an amount not to exceed
$54,506 (tax inclusive), for the removal and replacement of the Utilities Service Center
Warehouse canopy and office roofs in accordance with Bid #6319.
A7.
Accept the Iow bid of Pioneer Power Systems, Inc., in an amount not to exceed $83,600
(excluding tax), for the installation of HVAC systems at three electrical substations in
accordance with Bid #6320.
A8.
Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase
order to Printrak, in the amount of $74,100 (excluding tax), for one live scan 3000U
fingerprint/booking photo station for the Police Department East Station.
Council Member Feldhaus abstained.
A9.
Approve the First Amendment to Agreement with PRC Public Sector, Inc., in the amount
of $11,573, to provide additional services to modify the existing computer aided dispatch
system for the Police Department.
Al0.
Approve the agreement with Electronic Data Systems for the support and maintenance
of the City's information services, authorize the Finance Director to execute all service
enhancement requests and amend the Finance Department's budget by increasing
expenditure and revenue appropriations by $582,938 (Continued from the Council
meeting of September 10, 2002, Item A14, September 24, 2002, Item A12 and October
1,2002, Item A9).
Unanimously continued to November 19, 2002, as requested by staff.
All. Approve the First Amendment to Agreement with Affiliated Computer Services, Inc. for
an extension of up to 90 days for information technology services.
A12.
ORDINANCE NO. 5834 (INTRODUCTION AND ADOPTION) AN ORDINANCE OF
THE CITY OF ANAHEIM repealing Subsection .040 of Section 1.09.050 of Chapter 1.09
of Title 1 of the Anaheim Municipal Code relating to campaign reform; and declaring that
this Ordinance is an emergency measure which shall take immediate effect.
A copy of the full text of the proposed Ordinance is available for public review in the City
Clerk's Office.
ORDINANCE NO. 5835 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing Subsection .040 of Section 1.09.050 of Chapter 1.09 of Title 1 of
the Anaheim Municipal Code relating to campaign reform.
A13. Approve a Memorandum of Understanding with the Anaheim City School District for the
Ponderosa Park and School Project.
A14.
Approve and authorize the City Manager to execute an agreement with Evelyn Renner
and Associates for the development of tutor training videos in conjunction with the
Library Services Division of the Community Services Department.
139
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153
123
105
123
121
123
179
179
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 6
A15.
Approve the Electrical Utility Agreement with LB Lights West, Inc. to provide various
electrical services, on a non-exclusive basis, to persons at the Convention Center who
require such services in connection with events.
A16. Approve the lease agreement with Los Angeles SMSA, dba Verizon Wireless,
authorizing Verizon Wireless to place a cell site within the Anaheim Convention Center.
Council Members Tait and Kring abstained on Item A16.
A17.
RESOLUTION NO. 2002R-216 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending a Letter of Understanding between the City of Anaheim
and the International Brotherhood of Electrical Workers, Local 47.
A18.
Approve an agreement with Inmate Communications Corp. to provide telephone
services for the Police Department Temporary Detention Facility from October 1,2002
through September 30, 2004.
A19. Appoint Mary Hughes to the Anaheim Workforce Investment Board for a term ending
June 30, 2005 representing certain public sector organizations.
A20.
Approve the Amendment to Temporary Assistance to Needy Families Agreement, Cost
Reimbursement, with the County of Orange to extend the term of the agreement through
June 30, 2003 and to increase the current available funding by $396,000.
A21.
Approve and authorize the Public Utilities General Manager to execute the Purchase
Order Agreement with the Metropolitan Water District of California to obtain imported
water.
A22.
RESOLUTION NO. 2002R-217 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the forms of and authorizing the execution and a letter
agreement and approving and adopting the City of Anaheim, California Transmission
Owner Tariff and authorizing the Public Utilities General Manager and the Assistant
General Manager-Electric Services to execute the agreements and related documents
and to file the tariff with the Federal Energy Regulatory Commission and take such
actions as are necessary to administer and implement the agreements and the
Transmission Owner Tariff.
A23.
ORDINANCE NO. 5836 (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. 2001-00043).
A24.
ORDINANCE NO. 5837 (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. 2001-00047).
Council Member Kring abstained on Item A24.
A25.
ORDINANCE NO. 5838 (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. 2001-00049).
179
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142
114
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 7
A26.
ORDINANCE NO. 5839 (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. 2001-00053).
A27.
ORDINANCE NO. 5840 (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. 2001-00055).
A28.
ORDINANCE NO. 5830 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding new Section 1.12.017 to Chapter 1.12 of Title 1 of the Anaheim
Municipal Code relating to procedural matters (Introduced at the Council meeting of
October 1, 2002, Item Al0).
A29.
ORDINANCE NO. 5831 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding, repealing, deleting and amending various chapters, sections and
subsections of Title 7 of the Anaheim Municipal Code relating to morals and conduct
(Introduced at the Council meeting of October 1,2002, Item A11).
ORDINANCE NO. 5832 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding, repealing, deleting and amending various chapters, sections and
subsections of Title 8 of the Anaheim Municipal Code relating to animals (Introduced at
the Council meeting of October 1, 2002, Item A11).
ORDINANCE NO. 5833 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding, repealing Title 9 of the Anaheim Municipal Code relating to electrical
devices causing radio interference (Introduced at the Council meeting of October 1,
2002, Item A11 ).
A30. Approve minutes of the Council meetings held September 24, 2002 and October 1,
2002.
END OF CONSENT CALENDAR
A31.
Consider the appeal of Verizon Wireless regarding the denial of the application for Right
of Way Construction Permit No. RCP2001-02823 for the installation of a cellular antenna
(5310 E. Nohl Ranch Road) (Continued from the Council meeting of August 20, Item
A36)
Mayor Daly moved, seconded by Council Member McCracken, to continue Item A31 to
December 17, 2002, as requested by the applicant and concurred by staff.
Roll call vote: Ayes - 3, Mayor Daly and Council Members McCracken, Feldhaus. Noes - 0.
Abstained - 2, Council Members Tait and Kring. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 8
Items B1 throuqh B12 From Planninq Commission Meetinq of September 23, 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 OCTOBER 15,
2002:
179
BI.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04577
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Antoinette B. Leos, Trustee of the Antoinette Leos Trust 10305 La Grange
Avenue, Los Angeles, CA 90025
AGENT: Farmer Boys Food, Inc., Attn: Bob Veriato
3452 University Avenue, Riverside, CA 92501
LOCATION: 2800 West Lincoln Avenue. Property is approximately 0.85-acre located
on the southwest corner of Lincoln Avenue and Dale Avenue (Farmer Boys).
Request to permit the construction of a fast food restaurant with drive-through and pick-
up windows with waivers of (a) nonconforming structures and uses and (b)
nonconforming signs and billboards.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (6 yes votes, Commissioner Boydstun absent).
Conditional Use Permit No. 2002-04577 granted (PC2002-140).
179
B2.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4114
AND NEGATIVE DECLARATION:
OWNER: James Tsai, 7002 Moody Street, # 105
La Palma, CA 92801
AGENT: Jose R. Villaflor, 3150 West Lincoln Avenue
Anaheim, CA 92801
LOCATION: 3150 West Lincoln Avenue, Suite 128. Property is approximately 5.8
acres located south and east of the southeast corner of Lincoln Avenue and Western
Avenue (ET Dancing Company).
Requests reinstatement of this permit by modification or deletion of a condition of
approval pertaining to a time limitation (approved May 22, 2000, to expire May 22, 2002)
to retain a dance studio and public dance hall within a commercial retail center with
modification of a condition of approval pertaining to hours of operation with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (6 yes votes, Commissioner Boydstun absent).
Approved reinstatement of Conditional Use Permit No. 4114, dance studio/public dance
hall portion to expire on December 15, 2006 (PC2002-141).
Negative Declaration approved.
179
B3.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3880
AND NEGATIVE DECLARATION:
OWNER: The Father's Servite, 1922 West La Palina Avenue Anaheim, CA 92801
AGENT: John T. Ahem, 12270 Alta Panorama, Santa Ana, CA 92705
LOCATION: 1952 West La Palma Avenue. Property is approximately 15.4 acres
located on the south side of La Palma Avenue and north side of Dogwood Avenue
(Servite High School).
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 9
Request to amend Conditional Use Permit No. 3880 to permit the expansion of an
existing private high school by demolishing one single-family residence to construct a
faculty parking lot with waiver of (a) minimum front yard landscape setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (6 yes votes, Commissioner Boydstun absent).
Approved amendment to Conditional Use Permit No. 3880 (PC2002-142).
Negative Declaration approved.
179
B4.
CONDITIONAL USE PERMIT NO. 2001-04439
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Lederer-Anaheim, Ltd.,1990 Westwood Blvd., 3r~ Floor
Los Angeles, CA 90025
AGENT: Pamela Marcum, 1440 South Anaheim Boulevard
Anaheim, CA 92805
LOCATION: 1440 South Anaheim Boulevard. Property is approximately 14. t4 acres
located north and east of the northeast corner of Cerritos Avenue and Anaheim
Boulevard (Anaheim Indoor Marketplace).
Request reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved on September 24, 2001 to expire
September 24, 2002) to retain the retail sales of beer and wine for on-premises
consumption in an existing restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Conditional Use Permit No. 2001-04439 for eight years to
expire on August 29, 2010 (PC2002-143) (5 yes votes, Commissioner Bostwick
abstained and Commissioner Boydstun absent).
179
B5.
CONDITIONAL USE PERMIT NO. 3935
AND NEGATIVE DECLARATION:
OWNER: Anaheim Magnolia, LLC., 6732 Westminster Boulevard Westminster, CA
92683
AGENT: Bhikhu Patel, 24351 Re De Gauguin
Laguna Niguel, CA 92677
LOCATION: 1125 North Ma.qnolia Avenue. Property is approximately 1.5 acres having
a frontage of 271 feet on the west side of Magnolia Avenue located 280 feet north of the
centerline of La Palma Avenue (Shehnai Cuisine of India Restaurant and Banquet Hall).
Request reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved on June 29, 2001 to expire June 29,
2002) to retain a previously-approved restaurant and banquet facility with on-premises
sale and consumption of alcoholic beverages.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Conditional Use Permit No. 3935 to expire on December 29,
2005 (PC2002-144) (6 yes votes, Commissioner Boydstun absent).
Negative Declaration previously approved.
179
B6.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04596
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Post # 3173 Anaheim, Attn: Art Peck
805 East Sycamore Street, Anaheim, CA 92805
AGENT: S F C Consultants, Attn: Saundra Jacobs
26012 Marguerite Parkway, Suite H424, Mission Viejo, CA 92692
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 10
LOCATION: 805 East Sycamore Street. Property is approximately 0.9-acre having a
frontage of 100 feet on the north side of Sycamore Street located 170 feet west of the
centerline of Vine Street (VFW Hall No. 3173).
Request to permit a telecommunications antenna and accessory ground-mounted
equipment with waiver of minimum side yard setback adjacent to a residential zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Wavier of Code Requirement approved (5 yes votes, Commissioner Koos abstained and
Commissioner Boydstun absent).
Conditional Use Permit No. 2002-04596 granted for five years to expire on September
23, 2007 (PC2002-145).
179
B7.
CONDITIONAL USE PERMIT NO. 2530
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: 2000 T. Salsbury, 2465 West La Palma Avenue
Anaheim, CA 92801
AGENT: Gregory Salsbury, 2465 West La Palma Avenue
Anaheim, CA 92801
LOCATION: 2465 West La Palma Avenue. Property s approximately 0.8o-acre having
a frontage of 163 feet on the north side of La Palma Avenue located 820 feet west of the
centerline of Gilbert Street.
Request to amend an existing contractor's storage yard to permit a modular office trailer
in conjunction with an existing residential structure to be used as a caretaker's unit.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2530 withdrawn (6 yes votes, Commissioner Boydstun
absent).
179
B8.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 1420
AND NEGATIVE DECLARATION:
OWNER: Marcia A. Halligan, 5750 East La Palma Avenue
Anaheim, CA 92807
AGENT: TJS Architects, Inc., Attn: Ted Stelzner
1208 North Euclid Avenue, Ontario, CA 91762
LOCATION: 5780 East La Palma Avenue. Property is approximately 1.1 acres
located 690 feet east of the centerline of Imperial Highway, having a frontage of
approximately 291 feet on the south side of La Palma Avenue (Armstrong Garden
Center).
Request to amend Conditional Use Permit No. 1420 to reconstruct and expand an
existing plant nursery with waivers of a) maximum fence height, b) prohibited roof
signage (deleted), c) permitted commercial center identification sign, d) maximum
number of wall signs, e) minimum number of parking spaces, f) screening of non-plant
materials and g) minimum landscape setback adjacent to an arterial highway.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved, in part, approving waivers (a), (c), (e), (f) and (g)
and denying waiver (b) (6 yes votes, Commissioner Boydstun absent). Waiver (d) failed
to carry, therefore denied.
Amendment to Conditional Use Permit No. 1420 approved (PC2002-146) (6 yes votes,
Commissioner Boydstun absent).
Negative Declaration approved.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 11
B9.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04595
AND NEGATIVE DECLARATION:
OWNER: Anaheim General Hospital LTD.
4642 Newport Avenue, Suite 340, Tustin, CA 92780
AGENT: Integrated Design Service, Attn: Freeman A. Robert
13891 Newport Avenue, Suite 110, Tustin, CA 92780
LOCATION: 3350 West Ball Road. Property is approximately 9.3 acres located at the
southeast corner of Ball Road and Masters Lane (Anaheim General Hospital).
Request to expand an existing emergency room, permit and retain a mobile MRI trailer
and five mobile trailers, and reconfigure the parking lot for an existing hospital with
waiver of minimum number of parking spaces
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (6 yes votes, Commissioner Boydstun absent).
Granted Conditional Use Permit No. 2002-04595, MRI trailer and four office trailers
approved for one year to expire on September 23, 2003 (PC2002-147).
Negative Declaration approved.
B10.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04602
AND NEGATIVE DECLARATION
OWNER: Betty Smith, 3001 East Stearns Drive, Orange, CA 92869
AGENT: Joseph Truxaw, 265 South Anita Drive, Suite 111
Orange, CA 92868
LOCATION: 1'190 East Ball Road. Property is approximately 0.77-acre having a
frontage of 225 feet on the south side of Ball Road located 535 feet east of the centerline
of Lewis Street.
Request to permit an outdoor lumberyard with waivers of a) maximum fence height and
b) minimum setback adjacent to an arterial highway.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (6 yes votes, Commissioner Boydstun absent).
Conditional Use Permit No. 2002-04602 granted (PC2002-148).
Negative Declaration approved.
REPORTS AND RECOMMENDATIONS:
Bll. CONDITIONAL USE PERMIT NO. 2530 AND NEGATIVE DECLARATION: Gregory
B12.
Salsbury, 2465 W. La Palma Avenue, Anaheim, CA, 92801, requests a determination of
substantial conformance to amend exhibits for en existing contractor's storage yard to
allow a caretaker's unit and retain a new office. Property is located at 2465 West La
Palma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined the amended exhibits of Conditional Use Permit No. 2530 to be in
substantial conformance with the original approval (6 yes votes, Commissioner Boydstun
absent).
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 2670 AND CATEGORICALLY EXEMPT - CLASS
1: El Patio Restaurant, 1750 West La Palma Avenue, Anaheim, CA 92801, requests
review of a revision to proposed operation for recommendation to the City Council for a
previously-approved semi-enclosed restaurant with on-premises sale and consumption
of alcoholic beverages. Property is located at 1750 West La Palma Avenue.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 12
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval, in part, of the proposed amendment to Conditional Use Permit
No. 2670, and amending the conditions and denying the request for a public dance hall
(6 yes votes, Commissioner Boydstun absent).
179
134
Item B13 From Zoninq Administrator Meetinq of October 3, 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 OCTOBER 21, 2002 except
where noted):
B13.
VARIANCE NO. 2002-04529
TENTATIVE PARCEL MAP NO. 2002-128
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Ronald E. Brown and Dennis Illingworth
1198 Pacific Coast Hwy., #253, Seal Beach, CA 90740
AGENT: James Brennan, 191 South Orange Street
Orange, CA 92866
LOCATION: 2973 West Rome Avenue. Property is 0.39-acre located at the northeast
corner of Beach Boulevard and Rome Avenue with frontages of 110 feet on the east side
of Beach Boulevard and 135 feet on the north side of Rome Avenue.
Variance No. 2002-04529 - Waivers of minimum lot depth adjacent to an arterial
highway and orientation of residential structures adjacent to an arterial highway to
establish a 2-lot single-family residential subdivision, which includes the retention
of an existing single-family home and the future construction of a new single family home
in the RS-7200 (Residential, Single-Family) Zone.
Tentative Parcel Map No. 2002-128 - To establish a 2-lot, single-family residential
subdivision in the RS-7200 (Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2002-04529 approved (ZA2002-33).
Tentative Parcel Map No. 2002-128 approved (ZA2002-34).
NOTE: Variance No. 2002-04529 has a 22-day appeal period ending October 25, 2002.
Item B14 From Plannin.q Commission MeetinR of October 7, 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 OCTOBER 29, 2002:
REPORT AND RECOMMENDATION:
B14. GENERAL PLAN CONFORMITY NO. 2002-00020 - REQUEST TO DETERMINE
CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR A METROPOLITAN
MEDICAL RESPONSE SYSTEM EMERGENCY SITE: County of Orange Health Care
Agency, Attn: John Beck, 405 West 5th Street, Room 610, Santa Ana, CA 92701,
requests to determine conformance with the Anaheim General Plan for the proposed
licensing of approximately 10,000 square feet in the emergency site. Property is located
at 2000 S. State College Boulevard (Edison International Field of Anaheim).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined General Plan Conformity No. 2002-00020 to be in conformance with the
Anaheim General Plan (7 yes votes).
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 13
Mayor Daly offered Resolution No. 2002R-218 for adoption.
RESOLUTION NO. 2002R-218 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the waiver of notice of licensing by the County of Orange
of certain property located in the City of Anaheim.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes-0. Motion carried.
6:00 P.M. PUBLIC HEARINGS:
123
Cl.
Consider a Resolution approving a Disposition and Development Agreement with
Zelman Retail Partners, Inc. regarding the Anaheim Westgate Center (northeast corner
of Beach Boulevard and Lincoln Avenue). (Related to Agency Item 4).
Unanimously approved withdrawal by staff. To be considered at a later date.
123
C2.
Consider a Resolution approving a Disposition and Development Agreement with
Gateway, LLC. for the sale of real property and the development of two restaurants, a
public plaza and other improvements. (Related to Agency Item 5).
Unanimously approved withdrawal by staff. To be considered at a later date.
123
C3.
To consider a resolution approving a Disposition and Development Agreement with
Brookfield Southland Holdings, LLC. regarding certain property at 2340 West Lincoln
and making certain environmental and other findings in connection therewith (Related to
Agency Item 6).
Executive Director of Community Development, Elisa Stipkovich, stated that the redevelopment
law required that any time the Redevelopment Agency sold property, both the legislative body
and the Redevelopment Agency had to hold a hearing regarding the sale of land. She said that
the site referred to was in the West Anaheim Project Area and was formerly the old Home Depot
parking lot site. The site was 4.5 acres and had been designated in the vision plan and general
plan as residential, she noted. Community Development had been negotiating with the
Brookfield Development group and the Agency approved an exclusive right to negotiate with
them, she said, and based upon the negotiations, had a Disposition and Development
Agreement where the Agency would approve the sale of land to Brookfield for a project that
would consist of 38 units comprised of 16 attached affordable units and 22 market-rate units.
The affordable units would range from $261,000 to $285,000 and the 22 market-rate units that
would not be restricted in price and would be in the Iow $400,000 range, she said. In addition to
the Iow-income prices on the attached product, the Agency was asked to set aside
approximately $500,000 for down payment assistance, as part of the regular down payment
assistance programs and earmarking some for the specific units, she informed. The land sale
price had been reviewed by the firm of Kaiser-Marsten and the summary report had been
prepared and was available for the public, she reported. The acquisition cost to the Agency for
the project was $3,292,000 and the proposed sale price was $2.5 million and the anticipated
property tax increment to be received would be $2.9 million and was a net present value of $1.4
million and the total net to the Agency in net present value dollars would be $600,000 and actual
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 14
$2.1 million. She said she recommended approval of the disposition and development
agreement and the conceptual site plan.
Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing.
Mayor Daly asked when Council would be reviewing the final site plan and architecture and
Director Stipkovich said it would be in 60-days and was in the schedule of performance.
Mayor Daly asked if the action would bind the City to a certain number of units on the site and
she said it would bind the City to the sale price based on the number of units and if it changed,
there was an adjustment factor in the deal that was based on the square foot amount for land
and depended on what would happen with the final site plan. The commitment was to sell the
property and the actual site plan number of units was open and formula was adjustable, she
added.
Mayor Daly offered Resolution No. 2002R-219 for adoption.
RESOLUTION NO. 2002R-219 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Disposition and Development Agreement with
Brookfield Southland Holdings, LLC. regarding certain property at 2340 West Lincoln
and making certain environmental and other findings in connection therewith (Related to
Agency Item 6).
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes-0. Motion carried.
123
C4.
To consider a resolution approving a Disposition and Development Agreement by and
between the Anaheim Redevelopment Agency and Clean City, Inc. regarding certain
property at the northwest corner of Lincoln Avenue and East Street and making certain
environmental and other findings in connection therewith (Agency Item 7).
Executive Director of Community Development, Elisa Stipkovich, said that this was a joint public
hearing to consider the sale of land and a Disposition and Development Agreement on a project
with Clean City, Inc. The project had been discussed with Council and the community and was
a historical preservation project where the house that was previously located at 320 North
Sunkist Street and a house that the developer owned on 407 North Anaheim Boulevard had
been moved to this location, she said. The site plan had been worked out with the historical
architect and all of the design and final construction of the project would be in conformance with
the Federal Department of Interior standards. The project consisted of 4,500 square feet of
commercial office space that the developer would be responsible to complete and the project
would be restored and the units, which were previously residential, she informed, would be
converted into commercial uses. The land sale of the project would indicate that both the
developer and the Agency would share in the cost of the project, she informed. The land would
be conveyed to the developer who would be responsible to fund $800,000 in improvements and
the Agency would fund $210,000 in a rehabilitation loan, she noted. Based upon Kaiser-
Marsten's analysis, Community Development had worked out a participation agreement
whereby if the developer sold the property, the Agency would participate in any net proceeds
over the original $800,000 the developer put in with no return on the investment and would
receive 30 percent of all net proceeds. If the property was not sold within 20-years, the Agency
would still need to be paid off and that would be accomplished through and MAI appraisal at that
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 15
time, she noted. In looking at the summary report, she commented that Community
Development was required by State law to indicate what the cost of a project was and the
anticipated revenue and the properties were originally purchased as part of a realignment of
Lincoln Avenue and the original purchase price was around $800,000. She said she believed
that about $230,000 of the money should be attributed to this project in terms of land cost.
Based on both property tax increment and revenue from the 30 percent participation the City
would receive approximately $549,000 over the next 20-years, she said, and there would be a
new cost to the Agency of $210,000 and there should be a net income, minus the original
acquisition cost, of $300,000. She said Community Development recommended approval of the
project and that this was a critical element to the historical preservation projects into the City
and a great gateway into the downtown and Colony areas. She added that the project was both
economically feasible and acceptable to the community.
Mayor Daly asked if there had been any progress in obtaining the cooperation of the Edison
Company and Director Stipkovich said she did not have anything to report and noted that
Community Development was working with the Utilities Department to see if the pole could be
modified or pushed to a different location.
Council Member McCracken noted that she was pleased about the design of the carriage house
and noted that it would be a place for a caretaker to live on the property. She said she believed
that it would be a concern to the neighbors to have a commercial property next door in the
historic district along Rose Street. Director Stipkovich added that the carriage unit was over a
four-car garage and it would be improved in a way that meetings could be held in that room
since it would be finished like a room and not just a typical garage.
Mayor Daly opened the public hearing.
Ken Chen spoke in favor of the project and said he agreed that it would make a marvelous
gateway to the historic district. He reported that after meeting with his neighborhood, they were
also in support of the project.
Mayor Daly closed the public hearing.
Mayor Daly offered Resolution No. 2002R-220 for adoption.
RESOLUTION NO. 2002R-220 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Disposition and Development Agreement by and
between the Anaheim Redevelopment Agency and Clean City, Inc. regarding certain
property at the northwest corner of Lincoln Avenue and East Street and making certain
environmental and other findings in connection therewith (Related to Agency Item 7).
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes-0. Motion carried.
123
C5.
ORDINANCE NO. 5841 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF
THE CITY OF ANAHEIM approving the Third Amended and Restated Franchise
Agreement for collection, handling, transportation, processing, recycling and disposal of
City solid waste to Taormina Industries, LLC.
Public Works Operations Manager, Doris Roush, presented a staff report and said that on
179
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 16
July 19, 1994, Council had granted the franchise to Taormina Industries for the collection,
handling, processing, recycling, transpodation and disposal of solid waste within City limits. The
franchise had been restated in 1997 and 2000 and this restating would clarify certain contract
language regarding bins, collection routes, annual certification process, collection of extra tip
fees, inventory of containers, operating assets and other billing issues, she said. The franchise
would reduce the cost to the City of the truck hourly rate for bulky item pick up from $76.32 per
hour to $69.86 and extend the useful life of City-owned automated trash vehicles from nine to
ten years, she informed. The fee reduction was in an amount of approximately $20,000 per
year and it had been anticipated and calculated into the rates set by Council in July, 2002, she
noted, and the conditions of the franchise remained in full force and effect.
Mayor Daly asked if the monthly trash rates would be affected for residential customers
regarding the inclusion of the lower hourly rate for bulky-item pick up and Operations Manager
Roush said that the change had been calculated into the July 1,2002, rates approved by
Council and was approximately $20,000 a year net savings.
Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. He
offered Ordinance No. 5841 for introduction.
ORDINANCE NO. 5841 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF
THE CITY OF ANAHEIM approving the Third Amended and Restated Franchise
Agreement for collection, handling, transportation, processing, recycling and disposal of
City solid waste to Taormina Industries, LLC.
C6.
CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT NO. 2670
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Italian Bruno's Restaurant, 1750 West La Palma Avenue Anaheim, CA 92801
AGENT: El Patio Restaurant, 1750 West La Palma Avenue
Anaheim, CA 92801
LOCATION: 1750 West La Palma Avenue. Property is approximately 1.12 acres
located at the southeast corner of La Palina Avenue and Mohican Avenue (El Patio
Restaurant).
Request to amend a condition of approval pertaining to hours of operation in conjunction
with a previously approved semi-enclosed restaurant and to permit a public dance hall
as an accessory use with on-premises sale and consumption of alcoholic beverages.
ACTION TAKEN BY THE PLANNING COMMISSION:
Request to amend Conditional Use Permit No. 2670 denied (PC2002-96) (7 yes votes).
Continued from the meeting of August 20, 2002, Item C4.
Note: At the Planning Commission meeting of September 23, 2002, the Planning
Commission recommended approval, in part, of the proposed amendment to Conditional
Use Permit No. 2670 and amending the conditions and denying the request for a public
dance hall (related to Item B12).
Zoning Division Manager, Greg Hastings, stated that the item had been continued from the
August 27, 2002, Council meeting in order to give the Planning Commission an opportunity to
review the applicant's revised request and the applicant had agreed to restore the business
back to a restaurant with accessory alcohol sales and not pursue establishing a dance hall. He
said that this was in compliance with the existing conditional use permit entitlement granted in
1985. The applicant's request was to extend the hours of operation for the restaurant, he noted..
The conditional use permit currently authorized hours of operation from 11:00 A.M. to 11:00
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 17
P.M. seven days per week and the applicant was requesting a daily closing time of 1:30 A.M. for
a one-year trial period, he informed. He said the Planning Commission, Planning staff and the
Police Department recommended that the hours of operation for the restaurant be 11:00 A.M. to
11:00 P.M., Sunday through Wednesday, and 11:00 A.M. to midnight, Thursday through
Saturday, because of the property's close proximity to residential and the number of police calls
for service. In addition, he said that the Fire Department had recommended a new condition of
approval requiring that within ten-days of approval of a resolution, a revised seating plan be
submitted to the Fire Department for review and approval. Once approved, the plan would need
to be implemented within a time frame determined by the Fire Department, he said. Staff
recommended that the dance hall portion of the request be denied, he stated, since the
applicant was no longer requesting a dance hall facility and that the hours of operation be 11:00
A.M. to 11:00 P.M., Sunday through Wednesday, and 11:00 A.M. to midnight, Thursday through
Saturday and that the new Fire Department condition be applied.
Mayor Daly asked if the Fire Department's suggestion had been discussed previously with the
applicant and Manager Hastings said that the applicant was aware that the Fire Department
was interested in that. Mayor Daly asked if the applicant was willing to cooperate with that and
Manager Hastings said he believed that the applicant was willing to work with the Fire
Department on it.
Council Member Feldhaus asked about Thursday through Saturday, there had been discussion
at the Planning Commission level regarding music and Manager Hastings stated that one of the
concerns had been the music going outdoors and one of the conditions would be that the back
door remain closed.
Council Member Feldhaus said that Code Enforcement had done a sound reading because of
the complaints and it was well within the limits. Manager Hastings noted that it was within the
limits if the door was closed and it was recommended as a condition of approval.
Executive Director of Planning and Community Development, Joel Fick, added that it had been
changed back to a restaurant and the dance hall permit was not a part of permit as it was
originally.
Mayor Daly opened the public hearing.
Beatrice Quintero said that changes had been made for the better and everything was the way
that had been agreed to at the Planning Commission meeting. She said that the only thing that
was different was that the restaurant had been open Wednesday, Friday, Saturday and Sunday
and not on Thursday. She asked that the business remain open to 1:30 A.M. on Wednesday,
Friday and Saturday, and Sunday until midnight.
Council Member Kring asked what kind of a crowd the restaurant had from midnight to 1:30
A.M. and Ms. Quintero said that Wednesdays, Fridays and Saturdays were the night that they
were busier and the rest of the week was slower for them.
Frank Garcia said he was the owner of Casa Garcia Mexican restaurant and he had known the
family for about 30-years. He asked that the restaurant be granted Wednesdays, Fridays and
Saturdays until 1:30 A.M. and noted that the other days were much slower. If the restaurant did
something wrong or was too loud, he said, Council could then act on that.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 18
Judithanne Gollette spoke on behalf of the West Anaheim Neighborhood Development group
and said that west Anaheim was desperate for businesses to come back and this was a
business that had been operating against a conditional use permit for 14-years. She asked
Council to remember that when making a decision, there was a residential neighborhood behind
the restaurant and 1:30 A.M. during the week made a difference to someone's sleep. She
asked that a one-year term be placed on them and watch how they perform and keep the
business going according to the rules of their conditional use permit and then come back at the
end of the year and talk about it again. She said that the business had been non-compliant and
WAND would like to see rules placed on businesses in west Anaheim so that everyone knew
west Anaheim was a good neighbor and the business was also a good neighbor. The West
Anaheim Neighborhood Development group was in support of the Planning Commission's
stipulations and conditions, she added.
Mayor Daly closed the public hearing.
Mayor Daly noted that the dancehall request had been withdrawn and the Planning Commission
minutes and references were to dancing on the premises. If the restaurant and bar were to
operate as proposed, there would be dancing allowed, he noted.
Director Fick said that there could still be dinner dancing that occurred if it was operated as a
restaurant and the issue was not a cover charge at the door for a dance hall.
Mayor Daly said it was less than a dance hall with a cover charge and a cover charge was not
allowed. He noted that Planning Commission had approved hours of operation that were
actually longer than the previous permit allowed, although the operator was in violation of the
previous permit at certain times. Planning Commission had approved operating the restaurant
and bar until midnight on the weekends, he said, and the applicant was asking that it be
extended to 1:30 A.M. on the weekends and to include Wednesdays.
Director Fick added the condition of the Fire Department and to clarify that the permit be
granted for a one-year time period should the permit be approved.
Mayor Daly said that if the restaurant was a good neighbor and there were no violations and the
neighborhood was comfortable with the operation, it would be appropriate to consider the longer
hours on the weekends.
Council Member Kring noted that the restaurant was closed on Tuesdays and wanted the longer
hours on Wednesdays, Fridays and Saturdays and it seemed like an odd mix. Planning
Commission had approved Thursday, Friday and Saturday and the applicant was requesting
Wednesday, Friday and Saturday. Director Fick said that the only difference was the staff's and
Planning Commission's understanding that those were the days that were of interest and it was
clarified by the applicant that it was Wednesday, Friday and Saturday. He asked Council to look
at a memorandum that was an attachment to the staff report from the Police Department, which
outlined a number of concerns that the Police Department had about the extension of the permit
and mentioned some of the calls that they had such as disturbing the peace, fighting, vandalism
and one report taken for drunkenness in public. Those were the reasons that staff and Planning
Commission had recommended a modest expansion, he added. One year from now, he noted,
there could be no expansion of the hours if it was operated back as a restaurant and there was
a significant improvement.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 19
Council Member Tait noted that, in the past, the restaurant had operated until 1:30 A.M. and he
asked if any complaints had been received from the neighbors. Ms. Quintero said that the
complaints were in the police report. The calls were all made in December and March, she
said. For 14-years there had not been any problems with the police, she noted.
Council Member Tait asked if the neighbors had complained directly to Ms. Quintero and she
said that she had not had any complaints. She said she had gone door to door around the
business and told neighbors that the restaurant had to reapply since there was not the
permission to stay open until 1:30 A.M. and she had a petition signed, which she had told the
Planning Commission about. She said she had obtained all but two signatures on her petition
and everyone in the back of the apartments and behind the business and those on Mohican had
signed.
Council Member Tait said that, in the past, the business had operated until 1:30 A.M. or 2:00
A.M. and that was a violation of the conditional use permit. Ms. Quintero stated that when her
family had purchased the business 14-years ago, the previous owners had run the business the
same way and she said that she did not know until March 2002 that she had permission to stay
open only until 11:00 P.M.
Council Member Feldhaus asked why it was critical between midnight and 1:30 A.M. to be open
and Ms. Quintero stated that the restaurant's clientele came from surrounding cities and that
sometimes those people were late and that was why they had requested the extension to 1:30
A.M. She said she knew the restaurant was not in compliance with the law and for 14-years
they had stayed open until 1:30 A.M. and the customers were accustomed to that and she was
concerned that they would loose some of the clientele.
Council Member Feldhaus asked if the customers were repeat customers and Ms. Quintero
answered that they were. He said that it didn't sound like it was critical that they stay open.
Council Member Kring noted that Ms. Quintero had said that she had a lot of outside customers
and the neighbors were asking that the restaurant be a good neighbor and maybe if it was, they
would have a lot more business from the neighborhood.
Ms. Quintero said that she had tried to get people into her restaurant and she was changing the
restaurant into a buffet and she was seeing a better result with the customers. There were
more than eight restaurants in her area and hers was a sit-down restaurant, she said she
believed that people were looking more for fast food.
Council Member Feldhaus asked about Thursdays and Ms. Quintero said that she closed early
that evening and the restaurant was open every day except Tuesdays.
Mayor Daly pointed out that in the staff report, the Police Department had responded to 29 calls
for service in the period February 2001 to September 2002, which includes 15 calls for
disturbing the peace and various others. He said he believed that the Planning Commission
action was more than reasonable since it allowed the business, directly across the street from a
single family neighborhood, to stay open to midnight on the weekends and 11:00 P.M. the rest
of the week and there were families with school children living across the street. The difference
between this site and other sites in the City, he said, was that the other sites were not directly
across the street from a residential neighborhood. The City surveyed the neighborhood and 13
of the adjacent 16 property owners had objected to the proposal because of the alcohol in a
residential neighborhood. He said he believed that the Planning Commission had found a very
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 20
reasonable compromise which allowed the restaurant to stay open longer than the previous
permits allowed and was not as long as the previous illegal operation. If everything was legal
for the next 12 months, the applicant had the opportunity to ask for extended hours.
Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of
Categorically Exempt, Class 1. Motion carried unanimously.
Mayor Daly offered the conditional use permit as approved by the Planning Commission, with
the restaurant being open on Wednesday until midnight, instead of Thursday, which would then
be 11:00 P.M.; including the seating plan as requested by the Fire Department and for a period
of one-year.
Council Member Tait said he was concerned that if Council followed the Planning Commission
in requiring the business to close at midnight, the restaurant would loose their customer base
and go out of business. Although the business had operated until 1:30 A.M. unknowingly, for
almost 20-years and no neighbors were complaining and it seemed to be a well run family
business and they were willing to limit it to one-year, he said that they were asking for the
benefit of the doubt. He said that he believed that they should be allowed to continue to operate
for one-year on those three nights. He asked that the approval of the conditional use permit be
amended to 1:30 A.M. on Wednesdays, Fridays and Saturdays.
Mayor Daly said that the residential neighborhood needed to be protected, especially on the
weeknights and if the restaurant was going to survive, it would need to survive as a restaurant
and not as a bar. It had been surviving as a bar for years and operating illegally, he noted, and
if staff had uncovered an illegal operation, especially with the amount of police activity involved,
there needed to be a better balance.
Council Member Tait said he thought that a lot of calls for service were not necessarily related
to the operation and other places had more calls for service and one even had 500 calls.
Mayor Daly noted that the business with 500 calls for service was not located across the street
from homes, it was in a commercial neighborhood and had a freeway on one side. He said that
the proposal to stay open to midnight on Wednesdays, Fridays and Saturdays gave the
business every opportunity to succeed as a restaurant with a bar and a full alcohol license.
Council Member Kring said she hoped that the neighbors would support the restaurant and she
said that maybe there was a way to compete with the fast food restaurants in the area.
Ms. Quintero presented the petition that was signed by the neighbors.
Mayor Daly said that anytime there was a late night bar so close to a residential neighborhood
there would be problems. The bars in the City that were not a problem were in commercial
zones, away from people's homes, he said. He said that when he looked at the police statistics,
the numbers were dramatic for restaurants and bars that closed at 11:00 P.M. or midnight,
versus those that closed at 2:00 A.M. and had a lot more police reports.
Council Member Tait moved to amend the hours of operation to 1:30 A.M. on Wednesdays,
Fridays and Saturdays, seconded by Council Member McCracken.
Roll call vote: Ayes - 4, Council Members McCracken, Feldhaus, Tait, and Kring. Noes - 1,
Mayor Daly. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 21
Council Member Feldhaus noted that uniformed security guards approved by the Anaheim
Police Department would be provided on the premises, specifically to provide security,
discourage vandalism, trespass and loitering upon or adjacent to the subject property, remain
on duty as determined appropriate by the Police Department.
Director Fick recommended that any of the conditions in the original staff recommendation, and
that included security guards, be incorporated into the resolution if the permit were approved.
City Attorney stated that the condition said that there shall be four licensed uniformed security
guards, approved by the Police Department, on the premises.
Director Fick added that the security guards would remain on duty as determined to be
appropriate by the Police Department.
Mayor Daly offered Resolution No. 2002R-223 for adoption, granting the conditional use permit,
for one-year, incorporating Planning Commission condition that the Police Department
determine the use of four security guards and that hours of operation on Wednesdays, Fridays
and Saturdays be until 1:30 A.M.
RESOLUTION NO. 2002R-223 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS
OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2670 AND AMENDING
RESOLUTION NO. PC85-84.
Roll call vote: Ayes - 3, Council Members McCracken, Feldhaus and Tait. Noes - 2, Council
Member Kring and Mayor Daly. Motion carried.
Report on Closed Session Actions: None.
Council Communications:
All Council Members wished the Anaheim Angels well in the World Series.
Council Member Kring discussed the purchase of the Grove and said it was not general fund
money and was from Convention Center reserve. She noted that the City would only be the
landlord.
Council Member Feldhaus announced that the Fall Festival will be held on October 26, 2002,
and begins at 8:00 A.M. with a pancake breakfast. KABC Anchor Rick Romero will be present
and the parade had been moved from Anaheim Boulevard to Harbor Boulevard.
Mayor Daly requested that the Council meeting of October 22, 2002 be rescheduled to October
29, 2002, due to the Angels World Series. He directed the City Clerk to post adjournment
notices and reschedule and re-notice public hearings previously scheduled on that date.
Next adjourned regular City Council meeting is scheduled for October 29, 2002.
Adjournment:
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 15, 2002
PAGE 22
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 8:31 P.M.
Respectfully submitted:
Sheryll Schroeder, CMC/AAE
City Clerk