2003/03/18
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
MARCH 18, 2003
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 March 18,2003 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of
quorum.
PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken, Bob
Hernandez and Richard Chavez.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Deputy City
Manager Joel Fick, City Clerk Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on March 14,
2003 at the City Hall outside bulletin board.
Mayor Curt Pringle called the regular meeting to order at 4:10 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 Pringle recessed the Council to Closed Session at 4:11P.M.
AFTER RECESS:
Mayor Pringle called the regular Council meeting of March 18,2003 to order at 5:15 P.M. and
welcomed those in attendance.
INVOCATION: Pastor Mark Bove, Calvary Chapel Anaheim
FLAG SALUTE: Council Member Chavez
PROCLAMATIONS AND DECLARATIONS:
Mayor Pringle and Council welcomed the delegation from Waterford, Ireland presented by Bill
Daly, President Anaheim Sister Cities Association.
Mayor Pringle and Council recognized the recipients of the 2002 Women's Division Chamber of
Commerce Annie Anaheim Accolades Awards.
At 5:24 P.M., Mayor Pringle recessed the City Council meeting until after the Redevelopment
Agency meeting.
Mayor Pringle reconvened the City Council meeting at 5:35 P.M.
ADDITIONSIDELETIONS TO THE AGENDA: None
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
PAGE 2
PUBLIC COMMENTS:
Leroy Fisher, representing the Stonegate Anaheim Community Association, spoke on Item A 14
on the Council agenda, regarding the widening of Brookhurst Street on the north and south
sides of Lincoln Avenue. He said they had discussed their request with the Associate Engineer
of the Public Works Department, who was in charge of the project. They directed the group to
discuss it with Council. He noted that they had submitted to the City Clerk a letter and pictures
and a petition. The letter was dated February 4, 1998, addressed to Anaheim Redevelopment
Housing and Commission from the Community Development Department and it referred to the
developer of the association. He said the manager of planning for Kaufman and Broad was in
charge of the Stonegate project. He indicated that a payment was made to the city in the
amount of $86,000 per the agreement in the letter. He said Council does not see it necessary
to modify Brookhurst Street, the installation of the turning median. He said the improvement
was in direct proportion to the increase in traffic effecting Stonegate homeowners a safe entry
from Brookhurst. He said the association was asking Council to consider in the near future
approving an additional project that would improve the existing middle median south of Lincoln
Street to Hiawatha Avenue. He noted the traffic congestion on Brookhurst was not just at the
intersections but the vehicles exiting and entering the bowling alley, the Grand Resort
Apartments, Stonegate and the increase in traffic on Brookhurst Street. He referred to the
petition and pictures. He suggested possible immediate solutions as enhanced pavement
markers, restripe lines and vertical detonators installed. He asked if the trees could be moved
and transplanted along the brick wall in line with the existing trees.
City Manager Morgan noted that Council was committed to corridor beautification, which
involved Lincoln, State College and Ball. The immediate 5 year plan that Council adopted does
not address Brookhurst. He recommended that the gentleman's comments be given to staff to
see if there were other options for Brookhurst. He said they would provide a report to the
Councilor Agency.
Amin David spoke in favor of placing term limits on the boards and commissions.
James Reade spoke in favor of removing the 30-day stay condition on hotels/motels.
Mariam Kaywood spoke in opposition to the proposed ordinance imposing term limits on boards
and commissions.
Pedro Vasquez spoke about problems with street vendors not being allowed to park their trucks
more than 10 minutes and he spoke about the citations he received in no parking zones.
Joel Fick, Executive Director Planning and Community Development, noted Mr. Vasquez's
current issue was different than his previous issue regarding 10 minute parking. The issue was
parking in no parking zones. He said the Police Department did not cite for loading and
unloading in the red zones, but he understood that the Police Department responded to
complaints. He suggested staff contact the Police Department and get back to Mr. Vasquez to
discuss a resolution.
Art Castillo noted that he was attempting to form an association to work with the city and the
street vendors.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
PAGE 3
Edmon Penyamin complained about racial harassment and recent incidents. Mayor Pringle and
Council Member Chavez suggested he speak with Chief Baker and the Orange County Human
Relations Commission.
Robert Flores explained his organization had collected over $5,000 towards the street light they
had requested. He noted that the city should meet with the produce vendors to provide them
regulations they could live with.
Saline reported the shortage of parking places in the Jeffrey Lynn development.
Mayor Pringle asked the City Manager to look into the situation and Mr. Morgan said the staff
would provide information to Council.
Carolyn Yellis stated her support of term limits for board and commission members. She
reported her research on term limits throughout the state.
Virginia Glacket supported term limits for boards and commissions.
Larry Hershler said he felt the city should let the current board and commission members
complete their terms before imposing the term limits. He said he did not support term limits.
Paul Kott presented a petition to Council supporting term limits for boards and commissions
without the retroactive component. He requested Council not make the limits retroactive.
Stan Pawlowcki stated his opposition to term limits for boards and commissions, though
supported them for Council and state legislators. He said Council had a tool to remove any
member they wished to.
Irv Pickler noted he did not support the retroactive section of the term limit ordinance. He listed
the members who would be affected by the retroactive section.
John Machiaverna opposed term limits and said if the Council adopted the term limit ordinance,
they should expedite the application process, review all applicants and hold the new appointee
accountable.
John Koos challenged the notion that by having term limits, the reduce experience on the
boards and commissions, especially with staggered terms.
James Vanderbilt spoke in support of the ordinance regulating terms for board and
commissioners.
Judithanne Golette said that board and commission members needed experience and the
history.
MOTION: Council Member Tait moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member McCracken. Motion carried unanimously.
Council Member Hernandez stated he wished to pull Item A 26 for separation action.
Mayor Pringle noted he wished to pull Item A 25 for separation action.
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ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
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CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A29: On motion by Council
Member Tait and 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. Roll Call vote: Ayes - 5; Mayor Pringle,
Council Members Tait, McCracken, Chavez, Hernandez. Noes - O. Motion carried.
Reject certain claims filed against the City.
Receive and file the Monthly Financial Analysis Report presented by the Finance
Director for seven months ended January 31,2003; the Crime and Analysis Report for
January 2003; minutes of the Investment Advisory Commission meeting held November
19,2002; and minutes of the Redevelopment and Housing Commission meeting held
February 5, 2003.
Accept the bid of K & D Graphics and authorize the Purchasing Agent to issue a
purchase order, in an amount not to exceed $400,000 (excluding tax), per year, for
printing services for the period of April 1 , 2003 through March 31, 2005 with three one-
year optional renewals in accordance with Bid #6345.
Accept the low bid of Allied Fence and Supplies, Inc., in an amount not to exceed
$30,264 (tax inclusive), for fencing and guardrail work as needed for Streets and
Sanitation, Public Works for a period of one year and authorize the Purchasing Agent to
exercise up to three one-year renewal options in accordance with Bid #6359.
Accept the bid of Factory Motor Parts, in an amount not to exceed $51,000, for annual
purchases of AC Delco and Motorcraft replacement parts, as required, for the Public
Works Department/Fleet Services Division, and authorize the Purchasing Agent to
exercise up to four one-year renewal options in accordance with Bid #6360.
Accept the low bid of Ben's Towing MetroPro Road Services, Inc., in an amount not to
exceed $38,592, for towing of various City vehicles for a period of one year and
authorize the Purchasing Agent to exercise up to four one-year renewals, limited to the
Consumer Price Index increases, in accordance with Bid #6364.
Accept the low bid of Signs and Services Company, in an amount not to exceed
$209,160 (excluding tax), for signage for the Canyon Identity Program in accordance
with Bid #6366.
Waive Council Policy No. 306 and approve an agreement with Siemens Energy and
Automation, Inc., in the amount of $102,932 (excluding tax), for traffic control system
upgrades and an annual maintenance agreement for the first year and authorize the
Purchasing Agent to renew the maintenance agreement for up to four years, at a fixed
price of $32,930, per year, subject to available budget appropriations.
Approve agreements with Camp Dresser & McKee Inc., RBF Consulting, AEI-CASC
Engineering, Recupero and Associates, Inc. and PSOMAS to provide consulting
services on an as-needed basis to assist in developing and implementing programs to
maintain compliance with the City's national pollutant discharge elimination system
permit and the sewer waste discharge requirements permit.
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ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18,2003
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A 10. Approve Contract Change Order No. 1 in favor of Shawnan, in the amount of
$385,638.58, for the Lincoln Avenue Improvements, Phase II, from the 1-5 Freeway to
east of Illinois Street.
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A 11. Approve Agency-State Agreement for Federal Aid Project No. 12-5055, Program
Supplement No. 109-M, for the Broadway Street Improvement Project from Gilbert
Street to Magnolia Avenue.
A 12. Approve the Agency-State Agreement for Federal Aid Project No. 12-5055, Program
Supplement No. 11 O-M, for the State College Boulevard Street Improvement Project
from Katella Avenue to Cerritos Avenue.
A13. Approve the Settlement Agreement and Waiver of Claims with OCCW, Inc., dba O.C.
Car Wash Company, in the payment amount of $75,000, for property located at 1025
West Lincoln Avenue for the Lincoln Avenue, Phase II Street Widening Project.
A 14. Adopt a Negative Declaration of Environmental Impact for the widening of Brookhurst
Street on the north and south sides of the Lincoln Avenue intersection.
A15. RESOLUTION NO. 2003R-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the submittal of a funding request for funds for beverage
container recycling and litter clean-up activities.
A16. RESOLUTION NO. 2003R-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the destruction of certain City records more than two years old
and election records which have met their retention requirements (City Clerk's Office).
A 17. RESOLUTION NO. 2003R-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending Resolution No. 2000R-122 which established rates of
compensation for classification designated as Executive Management.
A 18. Approve the appointment of Joel Fick to the position of Deputy City Manager, effective
March 18, 2003.
A 19. Approve a request from the Anaheim City Golf Championship Tournament Committee to
waive the tournament surcharge of $10.00 per golfer, per day, for the 2003 tournament.
A20. Approve the Financial Assistance Agreement with the County of Orange, which provides
for a transfer of a portion of the County's allocation of Roberti-Z'berg/Harris Program
funds, in the amount of $1,000,000, to the City for the Tiger Woods Learning Center/Dad
Miller Golf Course Renovation Project.
RESOLUTION NO. 2003R-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving a recreational capital project for an amount of grant funding
from the County of Orange's allocation from the State Park Bond Act of 2000, and
authorizing the State Department of Parks and Recreation to amend its funding contract
with the City of Anaheim increasing the City's contract by the amount allocated for the
City project.
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ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
PAGE 6
174
A21.
RESOLUTION NO. 2003R-42 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the filing of an application for grant funds for East Anaheim
American Little League and the Ayso Region 28 Soccer League.
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A22.
Approve and authorize the City Manager to execute the Cooperation Agreement with the
Redevelopment Agency for use of the United States Department of Housing and Urban
Development Section 108 Loan funds (related to Agency Item No.1).
Approve and authorize the City Manager to execute the Cooperation Agreement with the
Redevelopment Agency to fund monetary obligations under the City/State Contribution
Agreements relating to the Master Landscape Plan for the SR-91 Corridor (related to
Agency Item No.2).
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A23.
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A24.
Authorize the Chief of Police to enter into a Memorandum of Understanding between the
Anaheim Police Department and North Orange County Community College District that
acknowledges the responsibility of the Police Department to investigate Part One crimes
that occur on the Anaheim Campus site, located at 1825 West Romneya Drive.
A27.
ORDINANCE NO. 5852 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding new Section 1.04.900 to Chapter 1.04 of Title 1 of the Anaheim
Municipal Code relating to the Golf Commission (Introduced at the Council meeting of
March 4, 2003, Item A20).
RESOLUTION NO. 2003R-43 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM rescinding Resolution No. 75R-221 relating to the Golf Course Advisory
Commission.
A28. Approve the appointment of Ms. Phyllis Watanabe to the Anaheim Workforce Investment
Board for a term ending June 30, 2005 representing certain public sector organizations.
A29. Approve minutes of the Council adjourned meeting held February 11,
A26. ORDINANCE NO. 5851 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding new Section 1.04.395 to Chapter 1.04 of Title 1 of the Anaheim
Municipal Code relating to limitations on Board and Commission service (Introduced at
the Council meeting of March 4, 2003, Item A 19).
Council Member Hernandez stated his opposition to the term limits because he felt it was his
responsibility to remove members who were not doing a good and to place people on the
boards who were competent.
Council Member McCracken said she could not support the ordinance with Section .02.05,
which would affect 13 people, and spoke about the number of members that would be removed
with the action. She said she was not in support of term limits but would support the ordinance
if the section removing current board members was not part of it.
Council Member McCracken moved to delete Section .02.05 from the proposed ordinance.
Council Member Tait said 80 percent of the residents said they wanted term limits and Council
had the right to set rules for the advisory boards. He felt term limits were good government.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18,2003
PAGE 7
Council Member Chavez noted that with past practice, it was difficult to get appointed to a
commission.
Mayor Pringle explained that it was important to have a vibrant committee structure with new
people participating on a regular basis and that was why he was supporting the ordinance. He
said the action was not intended to reflect as a negative on people's service, it was intended to
be a way to open up and solicit participation.
Council Member Hernandez seconded Council Member McCracken's motion to delete Section
.02.05 from the Ordinance No. 5851. Roll call vote: Ayes - 2; Council Member McCracken and
Hernandez. Noes - 3; Mayor Pringle, Council Members Tait, Chavez. Motion defeated.
Council Member Tait moved to adopt Ord. No. 5851, seconded by Council Member Chavez.
Roll call vote: Ayes - 3; Mayor Pringle, Council Members Tait, Chavez. Noes - 2; Council
Members McCracken and Hernandez. Motion carried.
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A25. ORDINANCE NO. 5850 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEI M amending various sections of Title 18 of the Anaheim Municipal Code relating
to parking for single-family residences (Introduced at the Council meeting of March 4,
2003, Item A17).
Joel Fick, Executive Director Planning and Community Development, explained the history of
the proposed ordinance.
Mayor Pringle asked how the distinction was made between a family room and a bedroom.
Mr. Fick responded that there was a provision in the ordinance that excepts a living room, family
room, dinning room, bathroom, hall, lobby, closet or pantry. A family room was a designation
that an architect places on the plan.
Mayor Pringle stated his concern about a third car garage needing to be added.
Mr. Fick said the current ordinance, adopted in 2001 required the third car garage, the proposed
ordinance proposed does not require a third car garage, it only required two spaces in the
garage, regardless of the number of spaces.
Mayor Pringle moved to adopt Ord. No. 5850, seconded by Council Member Tail. Roll call
vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken, Chavez, Hernandez. Noes-
O. Motion carried.
END OF CONSENT CALENDAR
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A30. Consider appointing a citizen to serve on the Budget Advisory Commission to a term,
which will expire June 30, 2004 (Continued from the Council meetings of February 25,
2003, Item A21 and March 4, 2003, Item A21).
Council Member Tait requested the item be continued for one week and hearing no objections,
the item was continued to March 25, 2003.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18,2003
PAGE 8
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A31.
ORDINANCE NO. 5853 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Chapter 6.41 to Title 6 of the Anaheim Municipal Code relating to
public displays of fireworks and open flame devices.
The ordinance was introduced.
5:30 P.M. PUBLIC HEARINGS:
179 B1. CONDITIONAL USE PERMIT NO. 2002-04651
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00009
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Bonnie M. Weberg, 1360 East Maple Street
Glendale, CA 91205
AGENT: Alicia Cornejo, Momma's Mini Mart, 1425 East Lincoln Avenue A, Anaheim,
CA 92805
LOCATION: 1287 A East Lincoln Avenue. Property is approximately 4.2-acres with a
frontage of 430 feet on the north side of Lincoln Avenue, located 513 feet east of the
centerline of East Street (Momma's Mini Mart).
CONDITIONAL USE PERMIT NO. 2002-04651: To permit retail sales of beer and wine
for off-premises consumption within an existing convenience market.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00009:
Determination of public convenience or necessity to permit sales of beer and wine for
off-premises consumption within an existing convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2002-04651 denied (PC2003-16) (3 yes votes,
Commissioner Vanderbilt voted no and Commissioners Koos, Boydstun and Romero
absent).
(Planning Commission's decision appealed by the Agent).
Joel Fick presented the staff report, which is available in the City Clerk's Office.
Mayor Pringle opened the public hearing.
Armando Chavira, attorney, said the owner and agent could not attend the meeting. He said the
area in which the market was located was in a large shopping center on Lincoln. He said the
market specialized in Hispanic products and the area was primarily Hispanic. He presented a
petition supporting the market and he mentioned the benefit to the surrounding neighborhood.
He added that there were no single bottle, single can beer and wine sales.
Art Castillo spoke in support of the conditional use permit.
Paul Kott expressed his support of the conditional use permit.
Mayor Pringle closed the public hearing.
Council Member Tait moved to approve the CATEGORICALLY EXEMPT - CLASS 1 and
approve Resolution No. 2003R-44 and Resolution No. 2003R-45, seconded by Council Member
McCracken.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18,2003
PAGE 9
RESOLUTION NO. 2003R-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM granting CONDITIONAL USE PERMIT NO. 2002-04651.
RESOLUTION NO. 2003R-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM finding and determining that the public convenience and necessity would be served
by the issuance of an Alcoholic Beverage Control License for the premises located at 1287 A.
East Lincoln Avenue, Anaheim, California.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez.
Noes - O. Motion carried.
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B2.
GENERAL PLAN AMENDMENT NO. 2002-00408
RECLASSIFICATION NO. 2002-00089
RECLASSIFICATION NO. 2002-00091
GENERAL PLAN AMENDMENT NO. 2002-00409
RECLASSIFICATION NO. 2002-00092
REQUEST FOR CITY COUNCIL REVIEW OF ITEMS 12c,12e AND 12h
AND NEGATIVE DECLARATIONS:
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Exhibit A to General Plan Amendment No. 2002-00408
(PC2003-21) (4 yes votes, Commissioners Koos, Boydstun and Romero absent).
Reclassification No. 2003-00089 granted (PC2003-22).
Reclassification No. 2002-00091 granted (PC2003-23).
Recommended adoption of Exhibit A to General Plan Amendment No. 2002-00409
(PC2003-24 ).
Reclassification No. 2002-00092 granted (PC2003-25).
Recommended City Council review.
Approved Negative Declarations (3) for each proposed area.
(Public hearing scheduled due to General Plan Amendments).
AREA 1: Subject area is approximately 8.83-acres consisting of several properties
located between Riverside (SR-91) Freeway and Houston Street, west of Gilbert Street,
divided by Picadilly Way and Braeburn Street.
GENERAL PLAN AMENDMENT NO. 2002-00408 - City-initiated request to amend the
Land Use Element of the General Plan to redesignate several properties from the Low
Density Residential land use designation to the Low-Medium Density Residential land
use designation.
RECLASSIFICATION NO. 2002-00089 - City-initiated request for reclassification of the
properties to the following zone designations: Portion A - from the County of Orange
"Suburban Multifamily Residential" zone designation to the RS-7200 (Residential,
Single-Family) zone or less intense zone. Portion B - from the County of Orange
"Suburban Multifamily Residential" zone designation to the RM-3000 (Residential,
Multiple-Family) zone or a less intense zone.
Joel Fick provided the staff report which is available in the City Clerk's Office.
Mayor Pringle opened the public hearing and hearing no comments, he closed the
hearing.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
PAGE 10
Council Member Hernandez moved to approve all CEQA FINDING: NEGATIVE
DECLARATIONS, Resolution Nos. 2003R-46, 47, 48, 49, and 50, seconded by Council
Member McCracken.
RESOLUTION NO. 2003R-46 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving an amendment to the land use element of the Anaheim
General Plan designated as Amendment No. 2002-00408.
RESOLUTION NO. 2003R-47 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM finding and determining that the Zoning Map referred to in Title 18 of
the Anaheim Municipal Code should be amended and that the boundaries of certain
zones should be changed. (RECLASSIFICATION NO. 2002-00089.)
AREA 2: Subject properties consist of 25-acres on the west side of Tustin Avenue
between Orangethorpe Avenue and Miraloma Avenue (Portion A), and 5-acres on the
south side of Orangethorpe Avenue between Tustin Avenue and Jefferson Street
(Portion B).
RECLASSIFICATION NO. 2002-00091 - City-initiated request for reclassification of the
properties to the following zone designations: Portion A - from the County of Orange
A 1 (General Agricultural) designation to the RS-A-43,000 (Residential/Agricultural) zone.
Portion B - from the County of Orange M1 (Light Industrial) zone designation to the ML
(Limited Industrial) zone.
RESOLUTION NO. 2003R-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM finding and determining that the Zoning Map referred to in Title 18 of the
Anaheim Municipal Code should be amended and that the boundaries of certain zones
should be changed. (RECLASSIFICATION NO. 2002-00091.)
AREA 3: Property is approximately 0.19-acre with frontage of 49 feet on the south side
of Lincoln Avenue, located 1,280 feet west of the centerline of Brookhurst Street.
GENERAL PLAN AMENDMENT NO. 2002-00409 - City-initiated request to amend the
Land Use Element of the General Plan to redesignate this property from the General
Commercial land use designation to the Low-Medium Density Residential land use
designation.
RECLASSIFICATION NO. 2002-00092 - City-initiated request for reclassification of the
property from the County of Orange C1 (Local Business) zoning designation to the RM-
3000 (Residential, Multiple-Family) zone or less intense zone.
RESOLUTION NO. 2003R-49 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving an amendment to the Land Use Element of the Anaheim
General Plan designated as Amendment No. 2002-00409, Exhibit A.
RESOLUTION NO. 2003R-50 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM finding and determining that the Zoning Map referred to in Title 18 of
the Anaheim Municipal Code should be amended and that the boundaries of certain
zones should be changed. (RECLASSIFICATION NO. 2002-000912)
RECLASSIFICATION NO. 2002-00092.)
Roll call vote: Ayes - ; Mayor Pringle, Council Members Tait, McCracken, Chavez,
Hernandez. Noes - O. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18,2003
PAGE 11
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B3.
GENERAL PLAN AMENDMENT NO. 2002-00406
RECLASSIFICATION NO. 2002-00085
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04635
TENTATIVE TRACT MAP NO. 16465
REQUEST FOR CITY COUNCIL REVIEW OF ITEMS 3c. 3d. 3e AND 3f
AND NEGATIVE DECLARATION:
OWNER: Toura #2, 3927 Barranca Parkway, J-425, Irvine, CA 92606
AGENT: Mahmoud Bdaiwi, 4000 Barranca Parkway, Suite 250
Irvine, CA 92604
LOCATION: 1597 West Katella Avenue. Property is approximately 1.07 acres with a
frontage of 150 feet on the north side of Katella Avenue located 160 feet east of the
centerline of Carnelian Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Exhibit A to General Plan Amendment No. 2002-00406
(PC2003-26) (7 yes votes).
Reclassification No. 2002-00085 granted (PC2003-27).
Waiver of Code Requirement approved, in part, approving waivers (c) and (e) and
denying waivers (a), (b), (d) and (f).
Conditional Use Permit No. 2002-04635 granted (PC2003-28).
Tentative Tract Map No. 16465 approved.
Recommended City Council review of items.
Negative Declaration approved.
GENERAL PLAN AMENDMENT NO. 2002-00406 - To amend the Land Use Element of
the General Plan redesignating the property from the Commercial Professional
designation to the Low-Medium Density Residential designation.
RECLASSIFICATION NO. 2002-00085 - Request reclassification of the subject
property from the RS-10,000 (Residential, Single-Family) zone to the RM-2,400
(Residential, Multiple-Family) zone, or a less intense zone.
CONDITIONAL USE PERMIT NO. 2002-04635 - To construct a 16-unit attached
residential condominium subdivision with waivers of: a) minimum private street
standards, b) minimum number of required parking spaces, c) maximum structural
height within 150 feet of a single-family residential zone, (d) maximum site coverage, (e)
minimum landscape setback abutting a single-family residential development and (f)
minimum required recreational leisure area.
TENTATIVE TRACT MAP NO. 16465 - To establish a 1-lot, 16-unit attached residential
airspace condominium subdivision.
Joel Fick presented the staff report, available in the City Clerk's Office.
Mayor Pringle opened the public hearing and hearing no testimony, he closed the hearing.
Council Member Hernandez moved to approve the CEQA FINDING: NEGATIVE
DECLARATION, Resolution Nos. 2003R-51, 52, 53 and approve Tentative Tract Map No.
16465, seconded by Council Member Chavez.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
PAGE 12
RESOLUTION NO. 2003F-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving an amendment to the Land Use Element of the Anaheim General Plan
designated as Amendment No. 2002-00406, Exhibit A.
RESOLUTION NO. 2003R-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM finding and determining that the Zoning Map referred to in Title 18 of the Anaheim
Municipal Code should be amended and that boundaries of certain zones should be changed
(RECLASSIFICATION NO. 2002-00085.)
RESOLUTION NO. 2003R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM granting Conditional Use Permit No. 2002-04635.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken, Chavez, Hernandez.
Noes - O. Motion carried.
179 B4. GENERAL PLAN AMENDMENT NO. 2002-00407
RECLASSIFICATION NO. 2002-00087
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04641
REQUEST FOR CITY COUNCIL REVIEW OF ITEMS 3c.. 3d. and 3e.
AND NEGATIVE DECLARATION:
OWNER: Atlantic Richfield Co., P.O. Box 512485
Los Angeles, CA 90051
AGENT: Leslie Burnside, Tait & Associates, 9089 Claremont Mesa Boulevard, # 300,
San Diego, CA 92123
LOCATION: 1201 South Brookhurst Street. Property is approximately 1.7 acres
located at the southwest corner of Ball Road and Brookhurst Street (Arco AM/PM
Service Station).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Exhibit A to General Plan Amendment No. 2002-00407
(PC2003-35) (6 yes votes, Commission Bostwick absent).
Reclassification No. 2002-00087 granted (PC2003-36).
Waiver of Code Requirement approved.
Conditional Use Permit No. 2002-04641 granted (PC2003-37).
Recommended City Council review of items.
Negative Declaration approved.
GENERAL PLAN AMENDMENT NO. 2002-00407 - To amend the Land Use Element of
the General Plan to redesignate a portion of the property from the Low Density
Residential designation to the General Commercial designation.
RECLASSIFICATION NO. 2002-00087 - Request for reclassification of a portion of the
property from the County C-1 (Commercial) zone to the CL (Commercial, Limited) zone,
or a less intense zone.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
PAGE 13
CONDITIONAL USE PERMIT NO. 2002-04641 - To establish conformity with zoning
code land use requirements for an existing drive-through restaurant and to permit a
service station with accessory car wash and convenience market with the sales of beer
and wine for off-premises consumption with waivers of: a) nonconforming structures and
uses - general and b) nonconforming signs and billboards - general to retain two
existing billboards and c) maximum structural height within 150 feet of a single-family
residential zone boundary.
Council Member Tait declared a conflict of interest and removed himself from the dais.
Mayor Pringle declared a conflict of interest and removed himself from the dais.
City Attorney White noted that when only three members of the Council were present to take an
action with regards to a resolution, in order to approve the resolution, it must be unanimous. In
the event the Council would not be able to obtain a unanimous vote, he informed, the decision
of the Planning Commission would be reinstated by operation of law under the provisions of the
Council's existing ordinance. He explained the one exception would be the general plan
amendment, where the Planning Commission cannot take a final action, therefore, if the Council
was unable to act upon the general plan amendment, that action would not reinstate an action
of the Planning Commission but would result in a denial of the general plan amendment.
Joel Fick presented the staff report, available in the City Clerk's Office.
Council Member Hernandez noted there was not an abundance of liquor licenses in the area
and Mr. Fick agreed. Mr. Fick clarified that business within the Brookhurst Corridor Overlay
Zone were not permitted, by the overlay zone, to have beer and wine sales in the convenience
markets. He said this particular site was just outside that boundary.
Council Member Hernandez estimated the site was about one and a half miles away. He added
that he did not see unfair competition being a mile and a half away.
Council Member Chavez asked if there would be a time when the current business that cannot
sell beer and wine would be allowed to, was there a sunset.
Mr. Fick said he did not think there was a sunset provision.
Council Member McCracken called the public hearing to order.
Leslie Burnside, Tait and Associates, indicated that the Planning Commission meeting, they had
worked closely with staff, they had stipulated to all the conditions of approval and were down to
minor changes in the design.
Craig Yamasaki, BP/ARCO, said he was available to answer any questions.
Judithanne Golette provided the history of the corridor overlay zone and WAND'S involvement.
She said they were not supporting more liquor licenses, but were supporting the elimination of
blight.
Harry Sidu spoke briefly in support of the project.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
PAGE 14
Leon Alexander, attorney representing the Brookhurst Mobil, said he wanted to see things dealt
fairly. He explained that the owner of the Mobile station had invested about $7 million in the
station and was operating without a liquor license. He said they welcomed the competition, as
long as it was on an even scale. He asked if the Mobile station could operate without a liquor
license, then why couldn't Arco. He stated he felt Mobile tried to purchase their way in by
buying other alcohol licenses as a way to justify letting them in, and that it was unfair to the
small businessman. He suggested Council consider letting Arco operate without the alcohol
license. He felt buying other liquor license to justify getting a license was very disadvantages
for the small businessman, who could not afford to do it. If the city did allow Arco to have the
right to the alcohol sales, he felt it placed Mobile into an unfair advantage or a hardship.
Council Member Chavez asked Mr. Alexander to explain further what he meant by
circumventing the process by buying licenses to get a license.
Mr. Alexander said Arco was using some of the BCC property to put the service station in, for
example, they were going to use service station to lure in the customer from the BCC property
or overlay zone to get them into the mini mart to purchase the liquor and he said he felt that was
circumventing the law. He felt the other service stations would not be able to compete Arco
because the alcohol would be profitable and they would be able to lower their prices, which
would hurt his client or other businesses.
Pat Kotter said that she believed the Mobile station was across the street from a school and that
was why it was denied. She stated she was personally against the sale of beer or wine at any
gasoline station.
Morteza Yassini said he agreed to operate his station without a beer and wine license thinking
that no one else would get one. He said it did not make sense that Arco would not build without
a beer and wine license. He explained that Thousand Oaks did not allow any gas station to
have a liquor permit.
Paul Kott questioned the waiver pertaining to billboards and asked for clarification.
Joel Fick explained that two of the variances would allow an existing billboard to be retained,
which was consistent with state law.
Jack White added that the City had been in and remained in litigation over paying damages to a
billboard company in relation to imposing conditions requiring the removal of billboards that
under state law courts have held that that type of condition is a taking which requires payment
of compensation to the billboard company. He said the provision in the city's code that says
someone could not have a new conforming use as long as there was an existing non-
conforming use.
Craig Yamasaki summarized and spoke of their commitment to the community.
Hearing no further testimony, Council Member McCracken closed the public hearing.
Council Member Chavez asked if there were any businesses closer than the one that was 1.3
miles that were denied liquor licenses.
Joel Fick responded that he did not recall any that were closer that were denied.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18, 2003
PAGE 15
Council Member McCracken noted the one piece of the property was still County, it had not
been annexed to the city and she asked if the county could allow them to have a beer and wine
license.
Joel Fick said the owners could apply for a land use permit since the county would have
jurisdiction.
Council Member McCracken said the annexation process could take some time and she said if
they applied at the county they would not have a conditional use permit that joined the
properties and joined the conditions on it to where the city had some control.
Mr. Fick said this project included demolishing the existing structure that was in the county and
the structure within the city.
Council Member Hernandez referred to the statement of an unfair advantage and he asked the
reason why there was no liquor license allowed at 700, was it the abundance of licenses already
allowed.
Mr. Fick said he thought there were two factors at play, one was that it was prohibited within that
area, and two that every site does have different characteristics like the site near Crescent was
across the street from a junior high school and close to a high school.
Jack White added that the Brookhurst commercial corridor overlay zone, in which the property
at 700 Brookhurst was within, had an absolute prohibition on off sale beer and wine licenses
except in conjunction with a market of at least 30,000 square feet. He added that the one site
was not being singled out.
Council Member Hernandez moved approval of the CEQA FINDING: NEGATIVE
DECLARATION, approval of Resolution Nos. 2003R-54, 55 and 56, seconded by Council
Member McCracken.
RESOLUTION NO. 2003R-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving an amendment to the Land Use Element of the Anaheim General Plan
designated at Amendment No. 2002-00407, Exhibit A.
RESOLUTION NO. 2003R-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM finding and determining that the zoning map referred to in Title 18 of the Anaheim
Municipal Code should be amended and that the boundaries of certain zones should be
changed. (RECLASSIFICATION NO. 2002-00087.
RESOLUTION NO. 2003FR-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM granting Conditional Use Permit No. 2002-04641.
Roll call vote: Ayes - 3; Council Members McCracken, Chavez, Hernandez. Noes - O.
Abstentions - 2; Mayor Pringle and Council Member Tait. Motion carried.
Report on Closed Session Actions:
City attorney White said that there was one action to be reported out of close session, the
Council authorized supporting the City of Burbank in filing a friend of the court brief with the
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 18,2003
PAGE 16
United States Supreme Court in the case of Ruben versus the City of Burbank. He said this
was the case that placed limitations on innovations at Council meetings. The vote of the
Council was all ayes.
Council Communications:
Council Members Tait and Chavez noted that thoughts and prayers go out to those going to war
and their families.
Council Member Hernandez announced that the Anaheim Housing Authority had been certified
as a housing counseling agency, which would have great implications on the community.
Council Member McCracken noted that she and Council Members Hernandez and Chavez had
gone to Washington D.C. and met with congressional staff and agency members to solicit
transportation funds for the City and homeland security financial assistance.
Council Member Chavez said homeland security was a priority and the police and fire
departments needed funds. He congratulated Joel Fick on his appointment as Deputy City
Manager.
Mayor Pringle said that structural issues needed to be addressed in city board and commissions
and asked for Council feedback. He also congratulated new Deputy City Manager, Joel Fick.
Adjournment:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting at 8:20 P.M.
Respectfully submitted:
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Sheryll Schroeder, CMC
City Clerk