2004/11/09
ANAHEIM, CALIFORNIA - CITY COUNCIL
ADJOURNED REGULAR MEETING
NOVEMBER 9, 2004
The City Council of the City of Anaheim met in adjourned regular session at 4:34 P.M. in the
Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The Notice of
Adjournment was posted at 3:00 P.M. on November 9,2004 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 4:30 P.M. due to a lack of
quorum.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, Shirley
McCracken and Tom Tait
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk
Sheryll Schroeder
A copy of the agenda for the meeting of the Anaheim City Council was posted on November
5, 2004 at the City Hall outside bulletin board.
ADDlTIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS: None
CLOSED SESSION:
At 4:35 P.M., Mayor Pringle recessed to Closed Session for the following purposes:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Name of case: City of Anaheim v. Huntcor, Inc., et aL, Orange County Superior
Court Case No. 02CC18801.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Name of case: Edmund Carranza v. Pacific Equipment & Irrigation, et aL, Orange
County Superior Court Case No. 03CC06645.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Name of case: California Coalition for Immigration Reform, et aL v. Tom Daly, et aL,
United States District Court Case No. CV-02-3764 RSWL (SHx).
4. INITIATION OF LITIGATION PURSUANT TO SUBDIVISION [c] OF SECTION
54956.9 OF THE GOVERNMENT CODE.
Number of potential cases: one
At 5:50 P.M., Mayor Pringle reconvened the regular Council session, reporting from closed
session that the Anaheim City Council unanimously authorized legal action against the
ownership of the Anaheim Angel's if changing the team name was pursued.
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 2004
Page 3
Council Member Hernandez moved to continue Item 81 to November 16, 2004, seconded by
Council Member Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez,
Hernandez, McCracken and Tait. Noes - O. Motion carried.
Council Member Hernandez moved to continue Item 84 to January 11, 2005, seconded by
Council Member Chavez. Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez,
McCracken and Tait. Noes - O. Motion carried.
Prior to oral communications, Mayor Pringle reiterated rules relating to public comments. He
explained that every member of the public was afforded a right to speak for three minutes
and that during the last meeting, a member of the public spoke in a mask and costume. For
public safety reasons, he stated, the City requests speakers do so without covering their
faces. The Mayor also emphasized that individuals presenting during public comment speak
on items that are within the jurisdiction of the City Council and that they do so in a respectful
manner.
PUBLIC COMMENTS:
Judge Nho Trong Nguyen, speaking on behalf of Orange County Superior Court, invited the
City to help establish the grand jury for FY 2005/2006 by offering the public information on
the formation of the grand jury. Providing details on the responsibilities of the grand jury,
Judge Nguyen indicated the members would be independent from court and all public
agencies, serve for a full one year term on a fiscal calendar basis, require a full commitment
of time and service for five days a week, and were charged with the responsibility of both
criminal and civil investigation.
James Robert Reade related Police Department concerns.
William Fitzgerald, Homeowners Maintaining their Environment, addressed a variety of
Issues.
Ed Perez, Heritage Forum, announced the off-broadway bistro restaurant coming to the
Forum and the Shirley Jones concert scheduled for December 4th.
CONSENT CALENDAR:
Council Member Tait abstained on Item A 17 due to a potential conflict of interest and Mayor
Pringle abstained on Item A4. Additionally, the Mayor removed Items A9 and A 10 for
separate discussion and action.
Council Member Chavez moved approval of the balance of the Consent Calendar Items A 1-
A17, seconded by Council Member McCracken to waive reading in full of all ordinances and
resolutions and to approve the following 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: Chavez, Hernandez, McCracken
and Tait. Noes - O. Motion carried.
A 1. Waive the sealed bidding of Council Policy No. 306 and authorize the Purchasing
0180 Agent to issue a purchase order to U.S. Armor Corporation, in an amount not to
exceed $30,000 for the first year and $25,000 for each of three one-year optional
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 2004
Page 4
renewals, for ballistic vests and authorize the Purchasing Agent to exercise those
renewals.
A2. Award the contract to the lowest responsible bidder, PSI, in the amount of $117,770,
3286 for upgrade of fuel storage tanks at Fire Station NO.9 and approve and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract retentions.
A3. Award the contract to the lowest responsible bidder, Fleming Environmental, Inc., in
3285 the amount of $154,710, for removal and replacement of the fuel storage tanks and
emergency generators at Fire Station No. 1 and approve and authorize the Finance
Director to execute the Escrow Agreement pertaining to contract retentions.
A4. Waive Council Policy No. 401 regarding the selection of KFM Engineering, Inc., and
3252 approve an agreement, in an amount not to exceed $230,000, for the implementation
plan for Backbone Public Works Facilities in the Platinum Triangle.
Mayor Pringle abstained.
A5. Approve and ratify the Judgment in Condemnation, as stipulated, for property located
P121 at 100 South Brookhurst Street for the Lincoln Avenue and Brookhurst Street
intersection improvement project and authorize the final settlement payment of
$35,590 to Harry Foutris and Christine Foutris.
A6. Approve the Acquisition Agreement with CNL Net Leasing Fund 2003, LLC, in the
3253 acquisition payment amount of $42,311, for the purchase of real property located at
100 South State College Boulevard for the Lincoln Avenue and State College
Boulevard intersection project.
A7. Appoint Jorge Marquez and Susan Stocks to the Anaheim Workforce Investment
B105 Board, each for a term ending June 30, 2005 representing business and certain
public sector organizations respectively.
A8. Accept a grant from the California State Library, in the amount of $25,000, for global
0140 language materials and increase revenues an expenditures by $25,000.
A 11. Approve and authorize the Public Utilities General Manager to execute to execute
3256 agreements with: Auriga Corporation; Burns & McDonnell; Lopez & Associates; PAR
3257 Electrical Contractors, Inc.; R. W. Beck; and Stanley Consultants for inspection of
3258 electric facilities, design engineering and project management for reliability projects.
A12. RESOLUTION NO. 2004-218 RESOLUTION OF THE CITY COUNCIL OF
0175 THE CITY OF ANAHEIM approving the Waiver of Notice of Lease by the County of
Orange of certain property located in the City of Anaheim.
A13. RESOLUTION NO. 2004-219 RESOLUTION OF THE CITY COUNCIL OF
0182 THE CITY OF ANAHEIM authorizing the Public Utilities General Manager to submit
an application to the California Department of Water Resources for a local
groundwater assistance grant, designating the Public Utilities General Manager as
Anaheim's authorized representative, and, if awarded, authorizing the acceptance of
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 2004
Page 5
such grant on behalf of the city and amending the budget for fiscal years 2005-2006
and/or 2006-2007 accordingly.
A14. RESOLUTION NO. 2004-220 RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets,
highways and easements (Abandonment No. ABA2004-00095, 1380 South Harbor
Boulevard).
A15. RESOLUTION NO. 2004-221 RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets,
highways and easements (Abandonment No. ABA2004-00096, 1669 West Cerritos
Avenue).
A16. RESOLUTION NO. 2004-222 RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed NO.1 0781).
A17. ORDINANCE NO. 5948 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending Title 18 of the Anaheim Municipal Code relating to the Platinum
Triangle (Zoning Code Amendment No. 2001-00035) (Introduced at the Council
meeting of October 26, 2004, Item A 16).
Council Member Tait abstained.
A 18. ORDINANCE NO. 5949 (INTRODUCTION) AN ORDINANCE OF THE CITY
M142 OF ANAHEIM amending Chapter 3.32 of Title 3 and Chapter 4.52 of Title 4 of the
Anaheim Municipal Code relating to peddlers and solicitors.
A 19. ORDINANCE NO. 5950 (INTRODUCTION) AN ORDINANCE OF THE CITY
M142 OF ANAHEIM amending Anaheim Municipal Code, Chapter 10.08 by adopting fats,
oils and grease source control regulations applicable to food service establishments.
A20. ORDINANCE NO. 5951 (INTRODUCTION) AN ORDINANCE OF THE CITY
C280 OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2004-00132, 2040 West
Broadway).
A21. Approve minutes of the Council meeting held October 26,2004.
END OF CONSENT CALENDAR
A9. Approve the First Amendment to Agreement with Tiger Woods Foundation, Inc. for
3254 the installation of a new water well pump.
Mayor Pringle requested the status of the Tiger Woods Foundation project. City Manager
Dave Morgan indicated A9 was a recommendation for Amendment No. 1 with the Tiger
Woods Foundation and involved a provision for the Foundation to pay for and install a new
water pump at the golf course to help serve one of the lakes that would be at that location.
He explained this was part of the course improvements being made by a world class golf
architect now underway. In exchange, the City was being asked to provide irrigation water at
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 2004
Page 6
a cost of $4,200 per year and staff believed this was a good solution to help move the project
forward.
Terry Lowe, Community Services Director, reported the construction on the course was
nearly complete and the flooding which occurred with the recent rains had been mitigated.
Construction of the new driving range for Dad Miller Golf Course was next on the schedule
and following completion of the new range, the Foundation would take over the existing
driving range and begin construction on the Tiger Woods Learning Center. Mr. Lowe
reported fund-raising for the project was going well and a $3,000,000 grant from the State
had just been received bringing the organization closer to their goal.
Council Member Chavez moved to approve Item A4, seconded by Council Member
McCracken. Roll Call vote: Ayes- 5; Mayor Pringle, Council Members: Chavez, Hernandez,
McCracken and Tail. Noes - O. Motion carried.
A 10. Approve an agreement with Mary E. Nicolai and Claremont Graduate School to
3255 accept a gift from the Mary E. Nicolai Trust, in the amount of $350,000, and approve
the naming of the Children's Room of the Anaheim Public Library Central Branch to
the "Mary E. Toepelt Nicolai Children's Room."
Mayor Pringle wished to ensure that Mary Nicolai was publicly recognized and thanked for
her novel and gracious gift of $350,000 donated towards the design of the children's room in
the central library with on-going operating funds provided as well. He indicated that Mary
Nicolai had been a long-time supporter and advocate for the Anaheim Library system and
that the room would be named after her in acknowledgement of her significant contribution.
Terry Lowe also expressed appreciation for Mrs. Nicolai's generous donation as it would
benefit many generations of children to come.
Mayor Pringle moved to approve Item A 10, seconded by Council Member Hernandez. Roll
Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and
Tail. Noes - o. Motion carried.
A22. Consider appointing a member to serve on the Housing and Community
B105 Development Commission, representing the South Neighborhood Council, term to
expire June 30, 2006.
APPOINTMENT:
With no objection from Council, Item A22 was continued to November 16, 2004.
At 6:32 P.M., Mayor Pringle briefly recessed the meeting, reconvening at 6:42 P.M.
5:30 P.M. Public Hearings:
B1. A public hearing to consider the abandonment of a portion of public right-of-way at
P110 Manchester Court, Old Manchester Avenue, Loara Street, and old Lincoln Avenue,
adjacent to the southerly boundary of the Santa Ana 1-5 Freeway (ABA2004-00097).
ANAHEIM CITY COUNCIL MEETING MINUTES
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Page 7
At the Council meeting held October 5, 2004, Item A 13, the Anaheim City Council
adopted Resolution No. 2004-204 declaring its intention to vacate certain public
streets, highways and service easements (Abandonment No. ABA2004-00097).
REQUESTED BY: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard,
Anaheim, CA 92805.
MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5.
RESOLUTION NO.: ABANDONMENT NO. 2004-00097.
Continued to November 16, 2004
B2. A public hearing to consider supplemental law enforcement services funds (SLESF)
0160 for fiscal year 2004/05.
Approve the Police Department's expenditure plan for the fiscal year 2004/05
Supplemental Law Enforcement Services Fund award from the State budget, in the
amount of $503,174 and amend the Police Department's fiscal year 2004/05 budget
by increasing revenues and expenditures, in the amount of $53,174.
Chief John Welter reported the City had been the recipient of law enforcement services funds
since 1996 with these funds used to support front line services. He stated that in the 90's,
the Anaheim Police Department, along with other departments in the county, experienced
loss of personnel and those funds were then used to backfill personnel in the department.
Over the years, the SLESF, had been authorized by Council to fund civilian support staff
positions and the Police Department was requesting the FY 04/05 funds be authorized to
fund eight full-time and four part-time positions. Chief Welter noted this action required a
budget appropriation of $53,174, as $450,000 had already been estimated and budgeted for
the grant in the 04/05 budget.
Mayor Pringle opened the public hearing for comment and receiving none, closed the
hearing.
Council Member Hernandez moved to approve Item B2, seconded by Council Member Tail.
Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tail. Noes
- O. Motion Carried.
83. CONTINUED PUBLIC HEARING:
C220 WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2004-04857
AND NEGATIVE DECLARATION:
Owner: John Lee, 3026 West Ball Road, Anaheim, CA 92804
Agent: Chung Myung, 3380 Flair Drive, Suite 222, EI Monte, CA 91731
Location: 3026 West Ball Road. Property is approximately 0.41-acre, landlocked
parcel located on the south side of Ball Road located 418 feet west of the centerline
of Beach Boulevard.
Request to permit a church within an existing residence with a separate accessory
pastor's quarters with waivers of: (a) minimum setback for institutional uses abutting a
residential zone boundary, and (b) minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
ANAHEIM CITY COUNCIL MEETING MINUTES
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Page 8
Waiver of Code Requirement approved, in part, approving waiver (a) and denying
waiver (b) (6 yes votes, Commissioner Buffa voted no).
Conditional Use Permit No. 2004-04857 granted for one year, to expire on August 23,
2005.
Negative Declaration approved (7 yes votes).
(Appealed by Grace Kim, adjoining property owner).
(Continued from the Council meetings of September 28, 2004, Item B2, and October
5,2004, Item B1 and October 19,2004, Item B3).
MOTION: CEQA FINDING: NEGATIVE DECLARATION.
RESOLUTION NO.: 2004-223 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2004-04857
Mayor Pringle indicated Item B3 was continued from a prior Council meeting during which
Council Member Tait had been absent, and which had resulted in a tie vote. Council
Member Tait indicated he had read the minutes from that hearing and would be able to
proceed on the continued public hearing for which his vote was required.
Sheri Vander Dussen, Planning Director, indicated the Planning Commission had approved
the conditional use permit in August 2004 for one year to allow a church to occupy an
existing residence in the general commercial zone and to also allow an accessory pastor's
residence on the site. The approval, she explained, included a waiver to allow a parking lot
to be constructed within six feet of a residential property when the Code required a setback
of 15 feet. On September 25, 2004, Ms. Vander Dussen stated, Council did consider this
matter and it resulted in a tie vote, therefore the Municipal Code required this item be
continued to a meeting in which five council members would be present to vote.
Mayor Pringle opened the public hearing and invited the project applicant to address Council.
Myung Chung, architect and agent for property owner, indicated the Planning Commission
had approved the landscape waiver in August. Between the condominiums and the church
property, hedges and trees would be planted to screen the neighbors from the church
parking lots with hedges reaching 10 feet and trees at 20 feet in height. At the time, he
remarked, there were many issues discussed and reviewed by Planning Commission and
approval had been given. His client, he stated, understood and accepted the 24 conditions
of approval listed in the conditional use permit.
John Lee, property owner, stated he wished to give Council every confidence that the church
would remain a small disciple church. He stated his neighbors, the Kim's, had appealed the
Planning Commission's actions to the Council. The major issue with his neighbors was the
parking impact and through time-lapsed photographs presented, Mr. Lee did not believe
church services would impact the Kim's business operations. Mr. Lee emphasized the
church would work to establish good relationships with the condominium owners as well as
the business owners in the mall shopping center and would continue to try to establish lines
of communications with the Kims.
Kalynn Kim, attorney, represented Mr. and Mrs. Kim and provided a slide show presentation
comparing the initial plan of development by Mr. Lee to the modified plan. Ms. Kim cited
parking impacts to the Kim's shopping center, safety issues associated with the driveway
easement where only one vehicle could ingress or egress at a time, costly maintenance
associated with additional vehicles' wear and tear on the property and shared utility systems
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 2004
Page 9
overtaxed by additional use. Additionally, Ms. Kim complained of the church exterior
activities which had included barbeques and birthday parties on the site which she felt
violated the terms of the permit. Ms. Kim emphasized the opposition was solely because the
Kim's felt the use did not fit the property and its location.
Mayor Pringle inquired as to the year the Kim's purchased their property, to which Ms. Kim
replied, 1999. The Mayor stated that for the last five years, the Kims had operated an office
commercial in the front property and the back had been used for residential purposes with a
driveway easement onto the back property. Mayor Pringle pointed out that although the
proposed site had always been zoned commercial, it had been used for residential, but had
the potential of being operated with many different types of commercial, including a
restaurant use, which could increase vehicle traffic both days and nights.
Dr. Edwin Gazy, dentist operating in the business mall for over 40 years, spoke in opposition
to the matter, stating he did not feel the parking situation was compatible with an already
existing parking problem. He stated the parking lot was already overstressed in terms of
structural foundation and adding more traffic would shorten the lifetime of the lot and repairs
would be necessary. He complained that it cost him $2500 to have the surface of the
parking lot cleaned due to residue tracked on surface parking areas to make it presentable
for his operation and attributed this action to the church clientele using the lot. He also cited
a safety issue due to the narrow easement which could be a hazard to a pedestrian or
delivery person exiting the service entry when an approaching vehicle could not be seen.
Grace Kim, owner of the adjacent business mall, cited the impacts of the church clientele on
her realty classes held in the evenings, stating that she did not want her long-term tenants to
be impacted as well. She also addressed the barbeque and birthday activities which caused
her additional concern.
James Robert Reade spoke in support of the church effort, remarking it would bring needed
improvements to the community.
Alma Ramirez, spoke in support of the church proposal.
With no other testimony offered, Mayor Pringle closed the public hearing.
Mayor Pringle indicated that the hearing had not changed his viewpoint of the proposed
church operation than when he heard it a month ago, stating that if Mr. Lee intended to limit
his church operation as he indicated, he would need to be a good neighbor and respectful of
the neighboring businesses so as not to impact them negatively. The Mayor also expressed
concern that the church and the neighbors did not have a harmonious relationship.
Council Member Chavez stated the appeal was based on a safety issue and the lot space
being too small for a church operation. He indicated he did not see a safety problem for an
alley which would accommodate only one vehicle at a time and suggested a stop sign could
be installed to insure vehicles stop for pedestrians. Additionally, he stated, whether a
church, residential or commercial use was established on the proposed site, the alley
situation would remain the same and was supportive of the project.
Sheri Vander Dussen replied to Council Member McCracken that there was a condition on
the permit approval which stated no outdoor services were allowed, but that it did not state
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 2004
Page 10
no outdoor activities. Ms. Vander Dussen also stated condition No.2 allowed two services
on Sunday, starting no earlier than 10:00 AM. and that meetings were allowed on
Wednesday evenings from 8-10 P.M.
Mayor Pringle felt the hours of operation were too restrictive for the church and asked how
that condition was derived. Ms. Vander Dussen replied the hours of operation were provided
by Mr. Lee, the applicant. Mayor Pringle explained to Mr. Lee that the conditional use permit
meant there was a set of conditions placed on the property and he must live within those
conditions or be in violation of the permit, which could then be revoked. He expressed
concern that Mr. Lee's neighbors would carefully scrutinize the church operation and be very
cognizant of any violation and would report such action. Additionally, the Mayor felt church
goers should be able to pray on any day, if they wished. He also stated he felt the church
operation was an acceptable use for the property, that it was zoned commercial which could
have housed a restaurant with more than 40 occupants in the building at a time which would
have impacted the business mall more than the church operation could and asked Mr. Lee if
he felt he could adhere to the 24 separate conditions of approval, realizing that his permit
could be revoked if the terms were violated.
Mr. Lee explained, in the interest of being good neighbors, the church had limited themselves
to Sundays and Wednesday worship but he would like to be able to pray in the early morning
hours from 5:30 AM. to 6:30 AM., Monday through Friday and from 6:00 P.M. to 10 P.M.
Monday through Friday as well as the Sunday specified church services. Mayor Pringle also
stated he believed the church had the right to use the property fairly and hosting birthday
parties and barbeques was a fair use of the property.
Council Member Tait felt it was a violation of the first amendment for government to tell a
church when to worship and would make a motion to eliminate condition no. 2. He also felt
the church service had equal rights as his commercial neighbors for use of their property and
that the church operation would be the least intrusive to the neighbors than another
commercial operation. Council Member Tait stated he would also make a motion to
eliminate the one year limitation as well, as property owners should not have to invest in their
property when their operation could be denied in one year.
Council Member Hernandez remarked that the church operation would place an undue
burden on the rest of the businesses in the mall and felt there would be better locations for a
church site and would vote in opposition to the matter.
Council Member McCracken was concerned over changing or eliminating conditions. She
stated that other business operations had specific requirements and conditions placed on
their operation similar to the time constraints identified for the church and was also
concerned about the amount of parking and amount of services. She felt approving the
project would create more hostility with the neighbors and would not support it.
Council Member Tait moved to approve the CEQA finding of Negative Declaration and to
offer the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2004-04857 with the deletion of Conditions No's. 1 and
2. Mayor Pringle suggested condition No.2 remain and be modified to provide for services
Monday through Friday from 5:30 AM. to 6:30 AM. and from 6:00 P.M. to 10:00 P.M. as well
as the specified Sunday services. Council Member Tait responded that there were not many
churches that operated from 8:00 to 5:00 P.M. every day and if Mr. Lee wanted to appease
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 2004
Page 11
his neighbors, it would be his option to do so without spelling out restrictions in a condition of
approval. Mayor Pringle seconded the earlier motion. Roll Call vote: Ayes - 3; Mayor
Pringle, Council Members: Chavez and Tail. Noes - 2; Council Members: Hernandez and
McCracken. Motion carried.
84. CONTINUED PUBLIC HEARING:
C250 VARIANCE NO. 2004-04609
AND NEGATIVE DECLARATION:
OWNER: Tri Tang, 7730 E. Autry Drive, Anaheim, CA 92808
AGENT: Andy Do, 12761 Western Avenue, Garden Grove, CA 92841
LOCATION: 391 South Peralta Hills Drive: Property is 2.85 acres located at the
southeast corner of Santa Ana Canyon Road and Peralta Hills Drive, having
frontages of 440 feet on the south side of Santa Ana Canyon Road and 273 feet on
the east side of Peralta Hills Drive.
Waiver of (a) orientation of dwellings adjacent to arterial highways and (b) maximum
structural height to construct a new 2-story single-family residence with a roof deck in
the RS-HS-43,000 (SC) (Residential, Single-Family Hillside; Scenic Corridor Overlay)
Zone.
ACTION TAKEN 8Y THE ZONING ADMINISTRATOR:
Variance No. 2004-04609 approved, in part, approving waiver (a) and denying waiver
(b) (ZA2004-22).
Negative Declaration approved.
(Zoning Administrator decision appealed by Gary Tang).
(Continued from the Council meetings of September 14, 2004, Item 82 and October
19,2004, Item 82).
MOTION: CEQA FINDING: NEGATIVE DECLARATION.
RESOLUTION NO.: VARIANCE NO. 2004-04609.
Continued to January 11, 2005.
Report on Closed Session Actions:
Earlier in the meeting. Mayor Pringle reported out of closed session that Council
unanimously authorized the City Attorney's office to take legal action against Angels'
ownership if they pursued changing their team name.
Council Communications:
Council Member Hernandez commented on Council meeting decorum and stated he did not
believe the Constitution provided a forum for individuals to come and disparage the citizens
of Anaheim. He felt decorum should be restored in the Council Chambers.
Council Member Tait thanked his colleagues for understanding his absence during the last
four meetings. He indicated his firm was involved in litigation in Arizona and his presence
was required for the trial. He also remarked that his Council term was ending in November
and he wished to place on the agenda for the 16th an item to consider formalizing a policy
relating to the use of eminent domain in which the City would not use eminent domain for the
purpose of taking property and giving it to another property owner.
ANAHEIM CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 2004
Page 12
Council Member McCracken commented on the opportunity of thanking those who serve or
had served in the armed forces on Veteran's Day.
Council Member Chavez responded to public comments regarding police and firefighters and
re-affirmed Council's position against the possibility of the name change for the Anaheim
Angels. He also remarked that 17 new dwelling units were approved on remnant property
along the freeway this evening and he wished to ensure that every effort was made for at
least a percentage of developments related to other remnant properties be devoted to
affordable housing.
Mayor Pringle announced that the City had received $2.46 million in funding for the
gymnasium at the Youth Center and Police Facility, with architectural plans being finalized.
He also noted the Haskett Library expansion was proceeding. Mayor Pringle responded to
Council Member Hernandez's comments about decorum in the Chambers. Additionally, he
referred to Council unanimously taking action to defend the City's interest relating to the
Angel's renegotiated 1996 lease in which the Angels' honored the City by the use of the
City's name on the team and the City had provided improvements to the stadium. Mayor
Pringle remarked the City did not take lightly the removal of the City's name from the team.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned
the meeting at 8:17 P.M.
Respectfully submitted:
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Sheryll Schroeder, MMC
City Clerk