1998/09/22ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
The City Council of the City of Anaheim met in regular session.
PRESENT:
MAYOR: Tom Daly
PRESENT:
COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez
ABSENT:
COUNCIL MEMBERS: None
PRESENT:
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
SENIOR PROJECT MANAGER: Kristine Thalman
ZONING MANAGER: Greg Hastings
CIVIL ENGINEER: Natalie Armas
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 a.m. on
September 18, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Daly called the meeting to order at 3:20 p.m. there being a quorum (Zemel and Lopez absent.)
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session. Mr. White advised that there is one
additional item which staff recommends be added to the Closed Session Agenda:
REAL PROPERTY NEGOTIATIONS
:
To discuss property located south of Katella and west of
the Santa Ana River.
Parties
: Capital Pacific Holdings and City of Anaheim.
Under Negotiation
: Terms
M
r. White advised that the motion to add the above item to the Closed Session agenda will have
to be unanimous as there are three members present. Mr. White also advised that the reason
this is to be added to the agenda is that the City has just received the final version of a proposed
agreement and needs to act on it prior to the next City Council meeting (which is not sheduled
for three weeks) and there will be an NFL meeting prior to that date.
MOTION: Mayor Daly moved to add the item as set forth by t
he City Attorney to today’s closed
session agenda, based on the timing situation outlined. Council Member McCracken seconded
the motion. MOTION CARRIED. (All ayes, Lopez and Zemel absent).
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
1.
54956.9(a) - Existing Litigation:
Name of case:
Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange
County Superior Court Case No. 70-80-71.
ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS:
2.
Titles: City Manager, City Attorney, City Clerk, and City Treasurer.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
3.
Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
one civil case, and ten eminent domain cases.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
4.
54956.9 (a) - EXISTING LITIGATION:
Name of c
ase:
Anaheim Redevelopment Agency v Union Pacific Railroad Company, Orange
County Superior Court Case No. 717049
(4th Civil No. G020990).
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
5.
Property:
640 West Katella Avenue, Anaheim, CA 92802
Negotiating parties:
Tarsadia, Inc., and City of Anaheim.
Under negotiation:
Price.
CONFERENCE WITH LABOR NEGOTIATOR:
6.
Employee organization:
IBEW.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the
motion. MOTION CARRIED. (3:25 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of September 22, 1998 to order at 5:30 P.M. and
welcomed those in attendance.
INVOCATION:
Pastor Barkey, Power Community Church gave the invocation.
FLAG SALUTE:
Council Member
Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag.
PROCLAMATION
:
119:
The following Proclamation was issued by Mayor Daly and authorized by the City Council:
October 4 - 10, 1998, as N
ational Fire Prevention Week
Accepted by Fire Chief Jeff Bowman and Robyn Butler, the Fire Public Information & Education Officer.
Jean Bell, 2nd Grade Teacher at Dr. Jonas Salk Elementary School was recognized as the “Learn Not to
Burn Teacher of the Year” .
DECLARATION
119:
recognizing the Anaheim Police Officers Honorary Association for their
contributions to the community was accepted by Glenn Miller, Treasurer of the Anaheim Police Officers
Honorary Association.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
PROCLAMATION recognizing October, 1998, as Escrow Month in Anaheim.
DECLARATION recognizing the Kiwanis Club of Greater Anaheim on their 40th Anniversary.
PROCLAMATION recognizing September 27, 1998, as Race for the Cure Day in Anaheim.
PROCLAMATION recognizing October, 1998, as Independent Living Month in Anaheim.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
PROCLAMATION recognizing October 5 - 9, 1998, as Rideshare Week in Anaheim.
123:
Exculsive Negotiating Agreement - Potential NFL Team:
Before proceeding with the City Council meeting, Mayor Daly indicated that this would be an appropriate
time to announce an action which had been taken in Closed Session.
Mr. Jim Ruth announced that in Closed Session, the City Council had unanimously approved an
exclusive negotiating agreement with Capital Pacific Holdings of Irvine. The goal of this agreement is to
attract an NFL franchise to Anaheim and build a new stadium. The agreement does not commit the City
to any financial participation.
Mr. Tim Hamilton, Capital Pacific Holdings, was introduced. He thanked the Council and City staff on
behalf of his Chairman and joint venture partners for this opportunity.
Mayor Daly summarized that the agreement entered does not obligate the City of Anaheim financially,
but does provide an opportunity for the investor group to identify acceptable locations for a stadium and
to pursue obtaining a franchise and development of a financing package and development plan.
Mayor Daly recessed the City Council meeting for 15 minutes. (5:55 p.m.)
Mayor Daly called the meeting to order, all members being present. (6:10 p.m.)
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $3,635,099.87 for the period ending
September 21, 1998 in accordance with the 1998-99 Budget, were approved.
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Prior to calling for speakers under items of Public Interest, it was announced by the Mayor that
item B17 relating to the potbelly pig ord
inance is to be continued for a period of 3 weeks to
October 13, 1998.
Mr. Savvas Roditis, read and submitted a prepared statement concerning the South Coast Cab
Company and applications for additional cabs.
Mayor Daly referred the statement to the City Manager for his review.
PUBLIC COMMENTS - AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of September 22
, 1998. Council Member Tait
seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A22
:
On motion by Mayor Daly,
seconded by Council Member Tait
, the following items were approved in accordance with the reports,
certifications and recommendations furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Resolutions Nos. 98R-193
through 98R-196
, both inclusive, for adoption.
Refer to Resolution Book.
A1.
105: Receiving and filing minutes of the Public Utilities Board meeting held
August 6, 1998.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
117: Receiving and filing the Investment Portfolio Report for the month of August, 1998, as
submitted by the City Treasurer.
A2.
106: Amending the FY 1998/99 Public Works Department Capital Improvement Budget by
increasing expenditures in Fund 212 (storm drain) by $130,000 for the Orangefair Lane storm
drain
improvements project.
164: Awarding the contract to the lowest responsible bidder, R & L Sewers, in the amount of
$286,927 for Orangefair Lane Storm Drain Improvements West of Raymond; and in the event
said low bidder fails to comply with the terms of the award, awarding the contract to the second
low bidder, as well as waiving any irregularities in the bids of both the low and second low
bidders.
A3.
158: Approving the Acquisition Agreement for real property located at 301 West Katella
Avenue(R/W
5180-32, A & B) - Katella Avenue Smart Street Improvement Project; authorizing
the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of
$12,925 to Zaby’s Rip Van Winkle, Inc.
A4.
158: Approving the Acquisition Agreement for real property located at 1610 South Harbor
Boulevard (R/W 5210-6) - Harbor Boulevard/Anaheim Resort Area Improvement Project;
authorizing the
Mayor and City Clerk to execute said Agreement; authorizing the acquisition
payment of $22,580 to N
ick P. Lococo, Trustee and Norma E. Lococo, Trustee.
A5.
158: Approving the Acquisition Agreement for real property located at 1800 Harbor Boulevard
(R/W 5180-60) - Katella Avenue Smart Street Improvements Project; approving the Temporary
Construction Easement; authorizing the Mayor and City Clerk to execute said Agreements; and
authorizing the acquisition payment of $173,500 to Zaby’s LLC.
A6.
176: RESOLUTION NO.
98R-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its int
ention to vacate certain public streets, highways and service
easements, and setting a date and time to consider a partial abandonment of a hiking and
equestrian trail easement located at 7585 Martella Lane (Abandonment No. 98-13A) (Suggested
public hearing date: October 20, 1998, at 6:00 p.m.)
A7.
176: RESOLUTION NO.
98R-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and service
easements, and setting a date and
time to consider abandoning sewer, sidewalk and public utility
easements located at the southeast corner of Lincoln and Harbor - Anaheim Center, Phase III
(Abandonment No. 98-10A) (Suggested public hearing date: October 20, 1998, at 6:00 p.m.)
A8.
123: Approving and authorizing the Mayor and City Clerk to execute the First Amendment to
Street Lighting Utility Agreement No. 12-UT-223 for the I-5 Widening Project - Segment B.
A9.
160: Accepting the low bid of Air Services International, Inc., in the
not-to-exceed amount of
$62,864.26 for the overhaul of a turbine engine for Police Helicopter N1607, in accordance with
Bid #5838.
A10.
160: Waiving Council Policy #306, and authorizing the Purchasing Agent to issue a purchase
order to Detroit Armor Corporation, in the amount of $24,980 for supplying and installing an
upgrade to the Police firing range bullet trap, and replacement of the target system for the Police
Department.
A11.
106: Amending the FY 1997/98 budget by adjusting expenditure appro
priations by (1) Increasing
expenditure appropriations in General Fund Account 101-104-1132-9301 by $8,000 (City Clerk
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
Department ); (2) Increasing expenditure appropriations in General Insurance Fund Account 674-
996-1151-7815 by $3,727,749 (Santiago Emergency); and increasing expenditure appropriations
in various Employee Benefits Fund accounts by $3,326,413.
A12.
106: Approving $4,099,558 of revenue and expenditure appropriations from the prior fiscal year.
A13.
123: Approving an Agreement with Ca
re Ambulance Service, Inc., for emergency transport
services, and authorizing the Mayor and City Clerk to sign the Agreement on behalf of the City.
A14.
123: Approving an Agreement with Donahue Schriber for the use of the Community Room at
Anaheim Plaza, at no charge to the City, for a variety of training courses by the Police
Department, through December 1998.
A15.
168: Directing staff to take the necessary actions to rename portions of Anaheim Boulevard and
Lemon Street; agendizing a Resolution t
o adopt the street name changes in coordination with
completion of the SR91 ramp improvements.
A16.
130: RESOLUTION NO.
98R-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to extend the Cable Television Franchise Agreement
between the City of Anaheim and Century Communications Corporation, and ordering a hearing
thereon. (Public Hearing date: October 13, 1998).
Mayor Pro Tem Lopez noted that it had been brought to his attention that Century Communications has
no number listed to obtain repairs on weekends.
Kristine Thalman, IGR Officer, responded that this issue has been addressed in the 5 year extension
agreement, and a new system has been installed. It is now a 24 hour per day,and seven days per week
operation.
A17.
123: Approving a Letter of Agreement with Pacific Bell to establish the terms and conditions
under which the City agrees to place Pacific Bell facilities from overhead to underground in the
City’s Underground District No. 32 - Peralta Hill
s and vest in Pacific Bell title to the Pacific Bell
portion of the underground conduit system.
Council Member Tait declared a conflict and abstained from discussion and voting on Item A17.
A18.
123: Approving an Agreement (No. A04963) with Metropolitan Water District of Southern
California to retain the current higher discount incentives for the Seasonal Storage Service
Program water, and authorizing the Public Utilities General Manager, on behalf of the City, to
execute said Agreement and take su
ch action as necessary to implement the Agreement.
A19.
167: Awarding a contract to the lowest responsible bidder, Transtech Engineers, Inc., in the
amount of $50,033.39 for East Street Signal Coordination project; and in the event said low
bidder fails to comply with the terms of the award, awarding the contract to the second low
bidder, as well as waiving any irregularities in the bids of both the low and second low bidders.
A20.
159: RESOLUTION NO.
98R-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM requesting the Orange County Transportation Authority to allocate Combined
Transportation Program funds for off-street transit centers.
123: Approving Agreements with the Anaheim Transportation Network and Transportation
Management Services (LG2WB Engineers, Inc.) to continue work on the implementation of the
Anaheim Resort Transportation shuttle project.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
A21.
106: Approving adjustments to increase the Public Works Department’s fiscal year 1998/99
Capital Improvement Budget, i
n the amount of $3,593,318.
A22.
114: Approving minutes of the Anaheim City Council meeting held September 1, 1998.
Roll Call Vote on Resolution Nos. 98R-
193
through 98R-
196
, both inclusive, for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 98R-
193
through 98R-
196
, both inclusive, duly passed and
adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (All Ayes with Council Member Tait declaring
a conflict and abstaining on item A17).
PRIVATE INDUSTRY COUNCIL APPOINTMENT:
A23.
105:
Appointing one new member to the Anaheim Private Industry (PIC), Private Sector Category, for
a four year term.
Council Member McCracken nominated Mr. Craig Smith, Human Resources Development, The
Disney Resort to serve in this position.
Motion to close nominations was made
by Council Member Zemel, seconded by Mayor Daly.
Motion Carried.
Council Member McCracken moved that Mr. Smith be appointed unanimously. Council Member
Zemel seconded the motion. Motion Carried.
: CONDEMNATION HEARINGS - HARBOR BOULEVARD, ANAHEIM RESORT AREA
A24.
121
:
To consider the adoption of resolutions finding and determining the public interest and necessity
to require condemnation of certain real property located on Harbor Boulevard (Anaheim Resort
Area), and authorizing the law firm of Ru
tan and Tucker, special counsel to the City, to proceed
with said condemnation actions.
Submitted were reports relative to each of the proposed condemnation sites, from the Public Works
Department, recommending adoption of the subject resolutions.
Staff Report was presented by Natalie Armas, indicating that the resolutions recommended for adoption
are all relative to acquisition of right of way necessary for construction of Harbor Boulevard north of
Katella to south of Manchester. Only one of the resolutions impacts a building, item 10. She also noted
that in each case acquisition offers have been made and the City’s consultant has been in negotiations
with the property owners, and where agreement for acquisition has not been obtained, staff recommends
these actions go forward in order to meet the overall resort area schedule. Staff will continue to work
with each property owner to reach a settlement and address all concerns.
It was requested that the City Council continue items 1,2, and 11 of these proposed condemnation
resolutions to the meeting of October 13, 1998, and proceed with the remainder.
Motion was made by Mayor Daly, seconded by Council Member Zemel to continue items as follow listed
as A24 nos. 1, 2 and 11 to the City Council Meeting to be held October 13, 1998:
6
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
1)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM finding and determining the public interest and necessity for acquiring and authorizing
the condemnation of a portion of certain rea
l property at 1540 South Harbor Boulevard
(TROPICANA MOTEL R/W 5210-1).
2)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM finding and determining the public interest and necessity for acquiring and authorizing
the condemnation of a portion of certain real property at 1544 South Harbor Boulevard (PARK
PLACE INN R/W 5210-2).
11)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM finding and determining the public inte
rest and necessity for acquiring and authorizing
the condemnation of a portion of certain real property on the north side of Freedman Way,
between Harbor Boulevard and Clementine Street (R/W 5245-1A & B).
MOTION CARRIED. (All Ayes)
Mayor Daly noted that in connection with conducting the remainder of these hearings, testimony will be
taken seperately from the owner of record or a designated representative for each property. Testimony
should be limited to the following issues only: 1) Whether the public interest and necessity require the
project; 2) Whether the project is planned and located in a manner that will be most compatible with
greatest public good and least private injury; 3) Whether the property sought to be acquired is necessary
for the project; 4) Whether the offer required by Govrnment Code Section 7267.2 has been made to the
owner or owners of record and; 5) Whether the City has met all other prerequisites to the exercise of
eminent domain in connection with the property.
The Mayor asked if anyone wished to speak to any of the items listed as A24, 3-10. There were no
persons present to speak. The Mayor closed the hearings.
Mayor Daly offered Resolution Nos. 98R-197 through 98R-204 both inclusive, for adoption.
RESOLUTION NO.
98R-197.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF A PORTION OF CERTAIN REAL PROPERTY AT
1570 SOUTH HARBOR BOULEVARD (PARK VUE R/W 5210-4).
RESOLUTION NO.
98R-198.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMI8NING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF A PORTION OF CERTAIN REAL PROPERTY AT
1630 SOUTH HARBOR BOULEVARD (ANAHEIM INN R/W 5210-7).
RESOLUTION NO.
98R-199.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF A PORTION OF CERTAIN REAL PROPERTY AT
1640-1650 SOUTH HARBOR BOULEVARD (TONY ROMA’S R/W 5210-8).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
RESOLUTION NO.
98R-200.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF A PORTION OF CERTAIN REAL PROPERTY AT
1650 SOUTH HARBOR AOULEVARD (SAGA MOTEL R/W 5210-9).
RESOLUTION NO.
98R-201.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF A PORTION OF CERTAIN REAL PROPERTY AT
1700 SOUTH HARBOR BOULEVARD (ANAHEIM PLAZA HOTEL R/W
5210-11 & 12).
RESOLUTION NO.
98R-202.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF A PORTION OF CERTAIN REAL PROPERTY AT
1500 SOUTH HARBOR BOULEVARD (MC DONALD’S R/W 5130-6).
RESOLUTION NO.
98R-203.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF A PORTION OF CERAIN REAL PROPERTY AT
1530 SOUTH HARBOR BOULEVARD (CAROUSEL INN & SUITES R/W
5130-8).
RESOLUTION NO.
98R-204.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST ANF NECESSITY FOR ACQUISITION OF PORTIONS OF
PROPERTY LOCATED AT 1030 WEST BALL ROAD FOR THE
PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (DAYS INN
R/W 5240-4).
Roll Call Vote on Resolution Nos. 98R-
197
through 98R-
204
, both inclusive, for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 98R-
197
through 98R-
204
, both inclusive, duly passed and
adopted.
PUBLIC HEARING: FEES RELATING TO SEX-ORIENTED BUSINESSES
A25.
000:
To consider a resolution establishing
fees relating to Sex-Oriented Businesses.
In response to the Mayor, Jack White explained the necessity and rationale for the recommendation to
establish these fees. The City Council recently adopted an ordinance which amends 18.89 to include a
recent court decision. This ordinance provides that City approval is required for transfer of an existing
SOB permit and that the entertainer’s obtain and carry an i.d. card. This resolution establishes the fees
for license transfer, and for the entertainers i.d. cards. The law requires that the fees imposed not
exceed the the actual cost to the City for processing. The Attorney’s Office has worked with all City
Departments involved to come up with the actual costs for establishment of these fees.
8
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
The Mayor asked for any comments in favor or opposed.
Johanna E. Hof-Daniel, 9692 Harle Avenue, Anaheim questioned why the City cannot rid itself of such
businesses altogether, and the City’s position vis a vis the U.S. Supreme Court 1st amendment decisions
was explained by Mr. White.
There being no further persons to speak to this issue, Mayor Daly closed the hearing.
Mayor Daly offered Resolution No. 98R-205 for adoption.
RESOLUTION NO.
98R-205.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM ESTABLISHING FEES RELATING TO SEX-
ORIENTED BUSINESSES.
Roll Call Vote on Resolution No. 98R-
205
for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBE
RS: None
The Mayor declared Resolution No. 98R-
205
duly passed and adopted.
ITEMS B1 - B7 FROM THE PLANNING COMMISSION MEETING OF
AUGUST 31, 1998 - INFORMATION ONLY
APPEAL PERIOD ENDS SEPTEMBER 22, 1998:
VARIANCE NO. 4341, CATEGORICALLY EXEMPT, CLASS 11:
B1.
179:
OWNER:
Chevron Products Company, Attn: Mario Bavtista, 1300 South Beach Blvd., La Habra,
CA 90632
AGENT:
RFA, Inc., Attn: Rich Stark, 2050 South Santa Cruz, Suite 2100, Anaheim, CA 92805
LOCATION: 1801 South Harbor Boulevard - Chevron Service Station.
Property is 0.50 acres
located at the southwest corner of Katella Avenue and Harbor Boulevard.
Waiver of permitted freestanding monument signage to permit two (2) double-faced freestanding
monument signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the applicant.
CONDITIONAL USE PERMIT NO. 4046, AND NEGATIVE DECLARATION
B2.
179:
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-04:
OWNER:
Yong Sub Kim and Kum Hee Kim, 1000 W. Lincoln Ave., Anaheim, CA 92805
AGENT:
Rick Blake and Associates, 2700 N. Main Street, #1000, Santa Ana, CA 92705
LOCATION: 1000 West Lincoln Avenue - Thomas Liquor.
Property is 0.37 acre located at the
southwest corner of Lincoln Avenue and Illinois Street.
Conditional Use Permit No. 4046
- to permit and retain an existing 2,400 square foot
convenience market in conjunction with a request to permit retail sales of alcoholic beverages for
off-premises consumption (currently pe
rmitted for retail sales of beer and wine for off-premises
consumption).
Determination of Public Convenience or Necessity No. 98-04
- request a determination of
public convenience or necessity to upgrade an existing Type 20 (off-sale beer and wine) Alcoholic
Beverage Control (ABC) license to a Type 21 (off-sale general) ABC license to permit retail sales
of alcoholic beverages in a convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4046 DENIED (PC98-135) (7 yes votes).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
Denied Deter
mination of Public Convenience or Necessity No. 98-04
(PC98-136).
Approved Negative Declaration.
WAIVER OF CODE REQUIREMENT
B3.
179:
CONDITIONAL USE PERMIT NO. 4039, AND NEGATIVE DECLARATION:
OWNER:
Foundry Investments, 2601 Main Street, #510, Irvine, Ca 92614
AGENT:
Richard DeSantis, 2300 East Winston Road, Anaheim, CA 92806
LOCATION: 2300 East Winston Road.
Property is 11.2 acres located on the south side of
Winston
Road, 200 feet west of Simpson Circle.
To permit large equipment storage,
including tractors, trailers, and dump trucks, in conjunction with
an existing horse ranch/boarding facility with waivers of (a) minimum number of street trees, (b)
minimum landscaping for screening fences/walls, (c) minimum parking lot landscaping, (d)
required improvement of parking areas, (e) minimum structural and landscaped setback adjacent
to a local street.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the applicant.
CONDITIONAL USE PERMIT NO. 3935, AND NEGATIVE DECLARATION - REQUEST
B4.
179:
FOR RETROACTIVE TIME EXTENSION:
OWNER:
M\M Invesco, Inc., 6732 Westminster Blvd., Westminster, CA 92683
AGENT:
Victor Patel, 24351 Re De Gauguin, Laguna Niguel, CA 92677
LOCATION: 1125 North Magnolia Avenue.
Property is 1.5 acres located on the west side of
Magnolia Avenue, 280 feet north of the centerline of La Palma Avenue.
To consider reinstatement of this permit which currently has a time limitation to retain a
restaurant/banquet hall with sales of alcoholic beverages for on-prem
ises consumption.
To consider a request for a retroactive time extension to comply with conditions of approval.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED reinstatement of CUP NO. 3935 for one year, and APPROVED extension of time for
one year to expire July 21, 1999 (PC98-137)
(7 yes votes).
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 3608, AND EIR NO 312:
B5.
179:
OWNER:
Pick Your Part, 1301 E. Orangewood Avenue, Anaheim, CA 92805
LOCATION: 1235 South Beach Boulevard - Pick Your Part.
Property is 4.5 acres located on the
west side of Beach Boulevard, 330 feet south of the centerline of Ball Road.
To consider reinstatement of this permit which currently has a time limitation to retain an
automobile fluid drainage facility and used automobile sales in conjunction with an automobile
dismantling and recycling facility on the adjacent parcel to the south (in the City of Stanton).
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED reinstatement of CUP NO. 3608 for
ten years, to expire November 9, 2008 (PC98-
138) (7 yes votes).
EIR NO. 312 previously certified.
WAIVER OF CODE REQUIREMENT
B6.
179:
CONDITIONAL USE PERMIT NO. 4055, AND NEGATIVE DECLARATION:
OWNER:
Free Methodist Church of Anaheim, Attn: Pastor Stan Managbanag, 1171 N. West
Street, Anaheim, CA 92802
LOCATION: 1171 North West Street - Free Methodist Church of Anaheim.
Property is 2.08 acres
located on the west side of West Street, 388 feet south of the centerline of Romney
a Drive.
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
To permit a child day care facility for a maximum of thirty (30) children within an existing church
facility with waiver of minimum setback of an institutional use adjacent to a residential zone
boundary.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4055 GRANTED, IN PART (PC98-139) (7 yes votes).
Denied waiver of code requirement on the basis that the waiver was deleted following public
notification.
Approved Negative Declaration.
CEQA NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT
B7.
179:
CONDITIONAL USE PERMIT NO. 4044
OWNER:
DBW Ventures, Inc., Attn: David Williams, 3250 E. Frontera Rd., Anaheim, CA 92806
Self-Service Auto Dismantlers, Inc., Attn: George Adams, 3200 E. Frontera Road, Anaheim, CA
92806
LOCATION: 3400 East Frontera Street.
Property is 16.0 acres located at the eastern terminus of
Frontera Street.
To permit a steel storage yard with two accessory temporary modular buildings with waiver of
minimum landscaped setback adjacent to a freeway.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4044 GRANTED for three years, to expire August 31, 2001
(PC98-140) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
Review of the Planning Commission decision was requested by Mayor Daly and Mayor Pro Tem Lopez
and the item will therefore be set for public hearing before the City Council.
END OF THE PLANNING COMMISSION ITEMS FROM AUGUST 31, 1998.
ITEMS B8 - B15 FROM THE PLANNING COMMISSION MEETING OF
SEPTEMBER 14, 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS :
CONDITIONAL USE PERMIT NO. 3148, AND NEGATIVE DECLARATION:
B8.
179:
OWNER:
Airport Bus\Airport Coach, Attn: Lorie J. Williams, 917 E. Gene Autry Way, Anaheim,
CA 92805
LOCATION: 917 East Gene Autry Way-Airport Bus.
Property is 2.45 acres located at the
northeast corner of Gene Autry Way and Anaheim Way.
To consider reinstatement of this permit which currently has a time limitation (until September 1,
1998) to retain a bus storage terminal.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reinstatement of CUP NO. 3148 APPROVED for three years, to expire on September 1, 2001
(PC98-141) (7 yes votes).
Negative Declaration previously approved.
CONDITIONAL USE PERMIT NO. 2973 AND NEGATIVE DECLARATION:
B9.
179:
OWNER:
Thrifty Oil Company, Attn: Vincent Lepore, 13539 East Foster Road, Santa Fe Springs,
CA 90670
David Rose, 3870 La Sierra Avenue, #193, Riverside, CA 92503
LOCATION: 304 South Magnolia Avenue - Thrifty Oil Company.
Property is 0.50 acre located at
the southeast corner of Magnolia Avenue and Broadway.
To consider reinstatement of this permit which currently contains a time limitation (until April 28,
1998) to retain the retail sales of beer and wine for off-premises consumption within an existing
ACTION TAKEN BY THE PLANNING COMMISSION:
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
DENIED reinstatement of the retail sales of beer and wine for off-premises consumption in
conjunction with CUP NO. 2973 (PC98-142) (6 yes votes,
1 abstain
ed).
Negative Declaration previously approved.
The Planning Commission decision was appealed by the applicant and public hearing will be set before
the City Council at a future date.
CONDITIONAL USE PERMIT NO. 3841, AND NEGATIVE DECLARATION
B10.
179:
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-05:
OWNER:
Tarek Berri, 260 S. Euclid Street, Anaheim, CA 92802
Growth Management Company, Attn: Fay Harrison, 3820 E. La Palma Avenue, CA 92807
LOCATION: 2180 West Ball Road - Mobil Service Station.
Property is 0.52 acre located at the
southeast corner of Brookhurst Street and Ball Road.
Conditional Use Permit No. 3841
- to permit retail sales of beer and wine for off-premises
consumption in conjunction with a previously-approved service station with a 2,916 square foot
convenience market.
Determination of Public Convenience or Necessity No. 98-05
- determination of public
convenience or necessity for retail sales of beer and wine for off-premises consumption in
conjunction wit
h a previously-approved service station with a 2,916 square foot convenience
market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied the sale of beer and wine for CUP NO. 3841 (PC98-143) (7 yes votes).
Denied Determination of Public Convenience or Necessity No. 98-05 (PC98-144).
Negative Declaration previously approved.
The decision of the Planning Commission was appealed by the applicant and public hearing will be set
before the City Council at a future date.
CONDITIONAL USE PERMIT NO. 2620, AND NEGATIVE DECLARATION:
B11.
179:
OWNER:
Redondo Investment Company, 14005 Live Oak Avenue, Baldwin Park, CA 91706
Dave Mangat, 6304 E. Santa Ana Canyon Road, Anaheim, CA 92807
LOCATION: 6304-6308 East Santa Ana Canyon Road - Round Table Pizza.
Property is 6.67
acres located at the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard.
To permit an amusement device arcade with up to twelve (12) amusement devices in conjunction
with a previously-approved restaurant with sales o
f beer and wine for on-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2620 APPROVED for two years to expire September 14, 2000
(PC98-145) (7 yes votes).
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 3545, AND NEGATIVE DECLARATION:
B12.
179:
OWNER:
Lederer - Anaheim, Ltd., 1990 Westwood Blvd., #250, Los Angeles, CA 90025
Robert Weiss, 1440 S. Anaheim Blvd., Anaheim, CA 92805
LOCATION: 1440 South Anaheim Boulevard - Anaheim Indoor Marketplace.
Property is 14.74
acres located north and east of the northeast corner of Anaheim Boulevard and Cerritos Avenue.
To consider reinstatement of this permit which currently contains a time limitation (until September
21, 1998) to retain the outdoor installation of auto alarms and stereos, window tinting and tire rims
and to expand the outdoor uses to include installation of auto accessories and upholstery, auto
detailing and storage of plant materials within a total of 5,679 square feet of outdoor area i
n
conjunction with a previously-approved indoor swapmeet.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED reinstatement of CUP NO. 3545 for three years to expire
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
April 22, 2001 (PC98-146) (6 yes votes, 1 abstained).
Negative Declaration previously approved.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT 4048,
B13.
179:
CATEGORICALLY EXEMPT -
CLASS 11:
OWNER:
Paul Terrence Kott and Lisa Lynn Kott, Trustees, 1225 W. Lincoln Avenue, Anaheim,
CA 92805
Anaheim Family YMCA, 1209 W. Linco
ln Avenue, Anaheim, CA 92805
LOCATION: 1209 West Lincoln Avenue - YMCA Administrative Offices.
Property is 0.11 acre
located on the north side of Lincoln Avenue, 130 feet west of the centerline of Carleton Avenue.
To construct a 43.5 square foot* marquee monument sign with waiver of permitted location of
monument signs (deleted).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4048 GRANTED (PC98-147) (7 yes votes).
Approved waiver of code requirement.
REPORT AND RECOMMENDATION ITEMS:
VARIANCE NO. 4316 - REQUEST FOR REVIEW AND APPROVAL OF FINAL ELEVATION
B14.
179:
PLANS AND DETERMINATION OF SUBSTANTIAL CONFORMANCE, AND NEGATIVE
DECLARATION:
Timothy W. Smith, 424 S. Atchison Street, Anaheim, CA 92805, requests review and approval of
final elevation plans and a determination of substantial conformance pertaining to previously-
approved floor and landscape plans. Property is located at 424 South Atchison Street - Firmenich.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final elevation plans and determined that the modified floor and landscape plans are in
substantial conformance with previously approved plans.
Negative Declaration previously approved.
REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN:
B15.
134:
Anaheim City School District (consultant, LSA Associates, Inc.), One Park Plaza, Suite 500, Irvine,
CA 92614, requests determination of conformance with the Anaheim General Plan for the
expansion of the existing
Betsy Ross
Elementary School. Property is located at 535 South
Walnut Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in conformance with the Anaheim General Plan.
REPORT AND RECOMMENDATION ITEM TO THE CITY COUNCIL FOR INFORMATION
FROM THE PLANNING COMMISSION MEETING OF AUGUST 17, 1998:
REQUEST FINAL REVIEW OF A PLANNING COMMISSION POLICY FOR SELF
B16.
179:
STORAGE FACILITIES:
City-initiated (Planning Department), 200 South Anaheim Boulevard,
Anaheim, CA 92
805, requests final review of a Planning Commission policy pertaining to self-
storage facilities.
ACTION TAKEN BY THE PLANNING COMMISSION:
Adopted policy.
Mr. Joel Fick, Planning Director explained that the policy for self storage units goes into effect
immediately and is in line with the practices and decisions which have already been made.
END OF THE PLANNING COMMISSION ITEMS.
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
B17.
102: ORDINANCE NO.
5650
(ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending Sectio
n 18.02.052 of Chapter 18.02 and adding new Subsection .130 to Section
18.12.060 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code relating to zoning (Pot-
bellied Pigs). (Introduced at the meeting of September 15, 1998, Item B5.)
MOTION: On motion by Council Member Zemel, seconded by Mayor Daly, the City Council continued the
Ordinance amending Section 18.02.052 relating to Potbellied Pigs to the meeting of October 13, 1998
and referred same to the Planning Commission as an informational item. MOTION CARRIED. (All ayes)
B18.
179: CORRECTION TO PREVIOUS RESOLUTION
.
Mayor Daly offered Resolution No. 98R-206 for adoption.
RESOLUTION NO.
98R-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Resolution No. 98R-112, nunc pro tunc, relating to Conditional Use Permit
No. 4000.
Roll Call Vote on Resolution No. 98R-
206
for adoption:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 98R-
206
duly passed and adopted.
CONTINUED PUBLIC HEARING - - VARIANCE NO. 4340, CATEGORICALLY EXEMPT,
D1.
179:
CLASS 11:
OWNER:
Anaheim Hills Plaza, Inc., Attn: Bob Courtney, P.O. Box 16700, Encino, CA 91416
AGENT:
LEADS, Inc., Attn: Eric Hull, 1820 East 1st Street, Suite 550, Santa Ana, CA 92705
LOCATION: 460 South Anaheim Hills Road - Anaheim Hills Plaza.
Property is 11.4 acres located
a
t the northeast corner of Nohl Ranch Road and Anaheim Hills Road.
Waiver of (a) permitted commercial center identification and (b) maximum number of permitted
wall signs to permit 3 monument signs for the existing retail center and 5 wall signs for a proposed
retail store (Sav-on).
ACTION TAKEN BY THE PLANNING COMMISSION:
Granted Variance No. 4340 - approved Sign Plan “C” with the elimination of the Liquor Sign
(PC98-
110) (6 yes votes, 1 vacancy).
Informational item at the City Council meeting of Au
gust 11, 1998, Item B2. Review of the
Planning Commission’s decision requested by Council Member McCracken and Mayor Pro Tem
Lou Lopez.
Public hearing continued from the meeting of September 15, 1998, Item D1.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - September 3, 1998
Mailing to property owners within 300 feet - August 31, 1998
Posting of property - September 4, 1998
Mayor Daly asked if there were any changes in the proposal from last week to this.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
Planning Director Joel Fick explained that a revised plan has been submitted by the applicant, today,
which shows just one wall sign and this is now in conformance with the code. Waiver is no longer
applicable. The only remaining variance would be for the 2-1/2 to 3 ft. tall monument sign - this would
be 2-sided and placed perpendicular rather than parallel to the street frontage on Canyon Rim. No other
changes are proposed.
Mayor Daly opened the public hearing.
Mr. Richard Watson, Land Entitlement and Development, Inc., apologized for the confusion surrounding
the additional submittals presented at the last meeting, and noted that they wish approval at this time for
only the one wall sign, and the one monument sign. Any other signage request would be submitted as
part of whatever upgrade happens at the center. The Sav-On anchor will use these signs to get started,
once the anchor is in place the center owner will have opportunity and income to make improvements
which he could not justify previously.
The Mayor called for anyone else who wished to speak in favor or opposition.
Ms. Stephanie Perry, Concerned Citizens of the Canyon stated there was no problem with the signs as
proposed.
Karen Drewe, 541 Paseo Vacero, Anaheim voiced her concern over the level of lighting and its impact
on the wildlife in the area.
In response to the Mayor, Joel Fick summarized that the impact of this signing proposal is that there
would be an overall reduction in lighting.
Council Member Zemel noted that the box signs previously located at this site give off more light than
the individual letter lighted signs.
There were no additional persons from the public to speak, and the Mayor offered Mr. Watson an
opportunity for rebuttal.
Mr. Watson noted that his firm is aware the monument sign’s location will be governed by the Traffic and
Transportation Manager. He was encouraged by the comments from the public and believes they will be
pleased when they see what the low-sodium lighted letters look like.
Mayor Daly closed the public hearing.
Under discussion Mayor Daly commented that he would be reluctant to approve additional monument
signs without having seen what the overall sign package will be.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION:
On motion By Council Member
Zemel
, seconded by Council Member
Lopez
, the City Council determined that the proposed activity fall
within the definition of Section 3.01 Class
11
, of the City of Anaheim guidelines to the requirements for
an Environmental Impact Report and is, therefore, Categorically Exempt from the requirement to file an
EIR. MOTION CARRIED.
Council Member Zemel offered Resolution No. 98R-207 for adoption.
RESOLUTION NO. 98R-207: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4340.
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
Roll Call Vote on Resolution No. 98R-
207
for adoption:
AYES:
MAYOR/COUNCIL MEM
BERS: McCracken, Zemel, Lopez
NOES:
MAYOR/COUNCIL MEMBERS: Daly
ABSENT:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution No. 98R-
207
duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3830
AND NEGATIVE
D2.
179:
DECLARATION:
OWNER:
Dennis and Edith Berger, 1120 West Lincoln Avenue, Anaheim, CA 92805
AGENT:
Phillip Schwartze, 31682 El Camino Real, San Juan Capistrano, CA 92675
LOCATION: 1130 West Lincoln Avenue and 1203 West Center Street- Ace Fixtures Company.
Property is 0.22 acre, located on the south side of Lincoln Avenue, 505 feet east of the centerline
of Villa Place.
To consider reinstatement of this permit by the modification or deletion of a condition of approval
pertaining to a time limitation to retain outdoor storage of materials for an existing retail restaurant
supply store.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied reinstatement of CUP NO. 3830
(PC98-109) (6 yes votes,
1 v
acancy).
Negative Declaration previously approved.
Informational item at the meeting of August 11, 1998, Item B1.
Letter of appeal submitted by the owner, Dennis Berger.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - September 10, 1998
Mailing to property owners within 300 feet - September 8, 1998
Posting of property - September 11, 1998
It was noted that a letter dated September 4, 1998 has been received from the Agent for the Applicant,
Philip Schwartze of PRS Real Estate Consulting, requesting this item be continued to a meeting in mid-
November 1998, so that his client might attend.
A number of citizens from the area surrounding the Ace Fixtures location were present in the audience,
and Sharon Bigger, 1129 West Street spoke on their behalf protesting the continuance when the
neighbors had taken their valuable time to attend this meeting, only to find it will be continued to a future
date.
City Attorney Jack White explained the rationale for the Council’s general policy regarding the first
request for a continuance.
Photographs of the subject property were submitted by the neighborhood group and they determined
they would return to speak on November 17th rather than this evening.
Motion was made by Mayor Daly, seconded by Council Member Lopez to continue the public hearing on
Conditional Use Permit No. 3830 to November 17, 1998. MOTION CARRIED.
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D3.
179:
CONDITIONAL USE PERMIT NO. 3915 AND NEGATIVE DECLARATION:
OWNER:
Hussein Berri, 16205 Hemp Circle, Fountain Valley, CA 92708
LOCATION: 1199 South State College Boulevard - Mobil Service Station).
Property is 0.5 acre
located at the northwest corner of Ball Road and State College Boulevard.
Review of revised plans pertaining to the retention of an existing non-conforming billboard and
enlargement of the previously-approved car wash facility in conjunction with a previously-approved
service station and convenience market, with waivers of
a) prohibition of addition to non-
conforming use - APPROVED, b) maximum area of monument sign - DENIED, c) maximum
monument sign width - DENIED and d) minimum structural setback from an arterial highway -
DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3915 APPROVED, IN PART (PC98-127) (6 yes votes, 1 vacancy).
Waiver of code requirement, APPROVED, IN PART, Waiver (a) APPROVED, and DENIED
Waivers (b), (c), and (d).
Negative Declaration previously approved.
Informational item at the meeti
ng of September 1, 1998.
Letter of appeal submitted by David A. Rose III on August 19, 1998.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - September 10, 1998
Mailing to property owners within 300 feet - September 10, 1998
Posting of property - September 11, 1998
HEARING SET ON:
A letter of appeal of the Planning Commission decision was submitted by
David A.
Rose, III, dated August 19, 1998 and Public Hearing scheduled this date. Informational Item at the
meeting of September 1, 1998.
STAFF INPUT:
See staff report to the
Planning Commission dated August 17, 1998.
Mr. Greg Hastings noted that this project was originally approved in March of 1997, with final plans
submitted in June of 1997. They provided for the expansion of a service station and accessory
convenience market to include sales of fast food and retail sales of beer and wine and to construct a new
drive-through self service car wash. The existing service station and canopies would remain and the
existing service station building would be expanded. Neither the submitted application nor the plans
indicated the retention of the billboard as part of the request. The billboard is a non-conforming use and
the code provides that while such non-conforming use exists on any lot, no other use shall be permitted.
Staff believed the billboard would be removed. After the building permit was issued, they received
complaints that the entire service station was demolished with only a 15 sq. ft. portion remaining and the
car wash extended illegally into the setback area for Ball Road. A stop order was issued as the
construction was in violation of city ordinances.
With the current request under consideration the applicant is seeking to retain the existing non-
conforming billboard; to allow the lengthening of the wash to extend so that there is a 35 ft right of way to
Ball Road whereas 50 ft. is required.
There are also two new waivers requested for a new 74 sq. ft. monument sign. The Planning
Commission determined to allow the non-conforming billboard to remain, only if the car wash were
removed.
Mayor Daly opened the public hearing.
Mr. David A. Rose, III, Regents Group, 3870 La Sierra Avenue, Riverside. He advised that he had
represented Mr. Berri early on in the planning of this gasoline station, and then as of March 1997 he and
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
Mr. Berri parted ways. He has recently been asked to come back to help resolve the situation. Mr.
Rose outlined the waivers being requested at this time. Relative to the billboard, he explained that Mr.
Berri’s architect had forgotten to put in a notation to indicate that the sign was to remain. Waiver a as
listed was approved in August of this year, he is here tonight to discuss waivers b, c and d. He outlined
the reasons Mr. Berri’s project needs these waivers including; the changes which occurred in the sign
ordinance; and the fact that Mr. Berri spent a considerable sum of money to purchase a more efficient
car wash system.
Mr. Joel Fick explained that there are a number of policy issues involved and that originally had this plan
been proposed as a completely rebuilt gasoline station, staff’s recommendation on locations would be
different.
Mayor Daly, noting that there are a number of complicated issues involved with this proposal, asked Mr.
Rose if his client would be willing to accept a continuance to work with staff on some of these issues, and
after conferring with his client, Mr. Rose indicated that they would accept the continuance.
Mayor Daly asked if any members of the public wished to speak.
Chuck Taylor representing the business on the west property line stated that the subject construction has
blocked any view of their building from Ball Road. Further, their business depends on telephones, and
they are concerned about the noise level from the car wash. His main objections are to the block wall
which cuts his business off from view and the noise from blowers which will interfere with his telephones.
Frank Moreno 1408 E. Burton Street, stated his business has been at this location for 26 years. There is
not 8 inches between the wall and it now looks like one building. He also is concerned about the noise
from the car wash interfering with his telephones.
Jeff Appel, 18525 Main Street, Gardena. He is the owner/builder of the gasoline station across the street
which they built to code. They had to comply with the sign ordinance and to plan for future dedications
by holding property in landscaping. He cannot understand why his property was treated differently from
this one.
Following comments from the public, Mayor Daly moved to continue the public hearing on Conditional
Use Permit No. 3915 for 3 weeks to the Council Meeting of October 13, 1998. Council Member Zemel
seconded the motion. MOTION CARRIED.
C1. 123:
REPORT ON CLOSED SESSION ITEMS
:
Jack White reported that the City Council unanimously approved an agreement with Capital Pacific
Holdings, Inc., Wayne D. Wedin and Rod Sherman to pursue the construction of a new football stadium
in Anaheim, and to obtain an NFL team to play its home professional football games in said stadium.
C2. 114:
COUNCIL COMMENTS:
Council Member Zemel requested that the subject of an elder abuse hot line be placed on the agenda in
3 weeks on October 13, 1998.
* * * * * * * * * * * * * * * * * *
Council Member Tait asked that the appointment to the Investment Advisory Commission be placed on
the Agenda for October 13, 1998.
* * * * * * * * * * * * * * * * * *
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
SEPTEMBER 22, 1998
On motion by Mayor Daly, seconded by Mayor Pro Tem Lopez, the appointed positions performance
review was continued to the meeting of October 13, 1998. Motion Carried.
* * * * * * * * * * * * * * * * *
There being no further business, the City Council meeting was adjourned by general Council consent.
(7:40 pm)
LEONORA N. SOHL
CITY CLERK
19