1998/12/08ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 8, 1998
The City Council of the City of Anaheim met in regular session.
PRESENT:MAYOR: Tom Daly
PRESENT:COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken
ABSENT:COUNCIL MEMBERS: None
PRESENT:CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
DEPUTY CITY MANAGER: Tom Wood
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann Sauvageau
FINANCE DIRECTOR: Bill Sweeney
PLANNING DIRECTOR: Joel Fick
CODE ENFORCEMENT OFFICER: John Poole
ZONING DIVISION MANAGER: Greg Hastings
CIVIL ENGINEER: Natalie Meeks
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:50 p.m. on
December 4, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Tom Daly called the workshop portion of the Council Meeting of December 8, 1998 to order and
welcomed those in attendance (3:15 P.M.).
City Manager, James Ruth. It is his pleasure today to present a workshop to the Council on Sportstown
Anaheim. There will be presentations by two parties seeking Council approval as Sportstown Anaheim
Tenants - Summit Commercial Properties and Gotcha Glacier. Summit will introduce plans to build a
six-story, 250,000 sq. ft. office complex; Gotcha Glacier will introduce (revised) plans to build a 435,000
sq. ft. complex featuring indoor snowboard and skiing, surfing, bodyboarding, ice skating, rock climbing,
sky diving and other related activities along with additional retail development. He then introduced Tom
Wood, Deputy City Manager who has been coordinating the task force on Sportstown. He will give an
overview on both proposals followed by a special presentation from each of the proposers.
Documentation will be submitted for Council consideration/approval next Tuesday, December 15, 1998.
PRESENTATION - SPORTSTOWN ANAHEIM:
Deputy City Manager, Tom Wood. He first gave a
chronology of the Sportstown project from its genesis to the present during which he briefed the efforts
put forth by staff to “lure” tenants to Sportstown. (His presentation was supplemented by slides.) Today
they have the results of those efforts in two tenants whom staff will be recommending for approval on
next Tuesday’s agenda, Summit and Gotcha Glacier. His presentation included slides of the location of
the Sportstown site (adjacent to the Stadium) noting that approximately 40 acres are still available to be
developed and the two proposals (Summit and Gotcha) will take up 26 of those acres leaving 14 acres
for future development on the site. The net present value over 30 years for both is expected to be a 43.7
million dollar return to the City. The first presentation today will be by Summit. He then introduced Mr.
Ken White, Senior Vice President and Rod Oshita, Project Developer.
SUMMIT COMMERCIAL PROPERTIES, INC.: Mr. Rod Oshita, Project Developer gave the background
on Summit Commercial Properties and some of the major projects in which they have been involved.
(Mr. Oshita was assisted in his presentation by Kevin White, Senior Vice President of Summit who
showed the graphics, renderings, etc. on display in front of the dais.) Mr. Oshita then gave an overview
of their proposal (see, Section 6, Executive Summary/Project Overview page in booklet previously
submitted by Summit, i.e., Summit Commercial/A Highridge Partners Company containing Sections 1
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 8, 1998
through 7). The proposed location of their project is north of Gene Autry Way along State College
Boulevard. The project will be very similar to the buildings recently constructed in the area and of equal
or better quality(see photographs in booklet). A state-of-the-art, six-story, 250,000 sq. ft. Class A office
building is planned with surface parking. The plan is to break ground in July of 1999 with a project
completion date of September, 2000. The color scheme has not yet been determined but it will tie in
with the recent renovation of Edison Field (Anaheim Stadium). (Mr. White showed a proposed materials
and color board along with displayed renderings -- floor plans were also shown.) He (Oshita) then
elaborated further on the design and treatment of the building along with some of the tenant amenities.
He subsequently answered questions posed by the Mayor confirming that the complex built in El
Segundo consisted of two buildings (as shown in the rendering under Section 6 of their submittal) and the
building proposed for Sportstown will be identical to the building shown on the right in the rendering with
a slight modification.
Mr. Wood then introduced the second presentation, Gotcha Glacier as well as some of the principals who
were present.
GOTCHA GLACIER/THE GLACIER OF ANAHEIM, LLC: Tom Walley, General Counsel and Chief
Financial Officer. He is present with his partners today. They have been moving rapidly with their
proposal to try to come up with ideas since Forest City is no longer involved with Sportstown.
Mr. Mike Gerard, Chief of Operations and Marketing. This is a dynamic time and they are in the center
ring of the action sports market. He than gave an extensive presentation joined in later by Brad Kinney,
Chief Executive Officer and other members of the management team. Their presentation was
supplemented by slides, and, at the conclusion, a brief video showing a compilation of the Glacier Sports
(in actual settings) that will be offered at the proposed facility in Sportstown. The presentation included
the following: the Glacier Mission ( “ . . . an experience of the highest quality that incorporates action
sports, entertainment, media, and retail into a state-of-the-art facility for beginners, competing athletes,
and the entire family.”), Concept, a detailed description of the proposed facility (435,000 sq. ft.) and
venues offered (participatory and interactive -- snowboarding, skiing, sledding, surfing and bodyboarding,
rock climbing, ice skating), rendering(s) of the facility, operations (365 days/year, 16 hours/day, 300
employees/220 sublease employees), Marketing Research, Target Audience (Baby Boomers - ages 33-
52 - 78 million; Generation X - ages 22-33 - 40 million; Echo-Boom - ages 5-21 - 72 million, the latter
being the major market along with their parents), that the “dream team” also includes Enron who will be
providing the energy and Ogden, the management, Special Events (programs that have expressed
interest in coming to the Glacier), Industry Support and Events, Facility Utilization (sublease tenants),
etc. They expect a minimum of around two million annual visits to their facility but that figure could be
exceeded. It will be a destination that could actually add another day or so to the stay of those visiting
from other parts of the area/country/world. In visitng Disneyland and California visitors/tourists will come
to include Sportstown as a part of their stay. Sportstown is an exciting extension to Disneyland and the
whole Anaheim Resort Project and Gotcha Glacier will be a very exciting and positive contribution to the
City of Anaheim and Sportstown.
At the conclusion of the presentation, the Mayor and Council Members posed questions which were
answered by members of the Gotcha Glacier management team as well as staff members revolving
around the naming of the facility, the type of retail they are trying to attract, food, ticketing system, time
table for completion, etc.
In concluding, City Manager Ruth stated that staff has been working diligently, almost around the clock
for the past two weeks to pull this together and believes they have two great partners in the development
opportunities. Next Tuesday, staff will be presenting to Council for consideration a Letter of Intent for the
Summit development and a Conditional Lease Agreement for the Gotcha Glacier development
opportunity. Staff has finalized the deal points and have come to agreement on all major issues for
Council consideration next week. In the meantime, if the Council has any additional questions, he urged
them to contact staff and staff will subsequently get back to the developers for answers.
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DECEMBER 8, 1998
Lisa Stipkovich, Executive Director of Community Development then explained for the Mayor that there
is a different due diligence period for each. For the Summit there is a 60-day period where most of the
issues would be tied down. They would then have another four months to complete their construction
drawings and then start construction some time in September (1999). With Gotcha Glacier, they are
talking about a 90-day due diligence period and a start of construction in June, 1999.
Joel Fick, Planning Director explained that the current Area Development plan also includes
requirements that the Planning Commission review all site plan issues -- the very items touched upon by
the Mayor. Those items will go to the Planning Commission for recommendation and ultimately appear
on the Council’s agenda.
Mayor Daly. Relative to his concerns/questions, the architecture, landscaping, signage, building
materials, etc., are critically important because of the value that has been created with public money in
the area and the world-class location that it is. He is very much interested in those details beyond the
business details. He also asked for an estimated or hoped-for completion date.
Lisa Stipkovich. Gotcha Glacier, no later than January 1, 2001; however it could be earlier, somewhere
between the Summer of 2000 and January, 2001.
City Manager Ruth noted, one thing that has not been mentioned, the overall investment just on the
Gotcha Glacier development project alone is approximately $65 million which is a major value to the
City.
Mayor Daly. The business deal points will be on the agenda next Tuesday. The Gotcha Glacier
package looks like a winner -- the right project, right location, right time and right development team.
The Summit project is also an important project, a great location, an exciting design and a proven track
record by the developers. He thanked the principals from both the Summit and Gotcha Glacier for the
informative presentations and to staff for bringing these forward today.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
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 Cout Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
2.
54956.9(a) - Existing Litigation:
Name of case:
In The Matter Of The City Of Anaheim, Et Al., SEC Admin. Proc. File No. 3-
9739 (LA-772).
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the
motion. MOTION CARRIED. (4:10 p.m.)
By general consent, the Council recessed into Closed Session.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 8, 1998
AFTER RECESS:
Mayor Daly called the regular Council meeting of December 8, 1998 to order at 5:42 p.m. and
welcomed those in attendance.
INVOCATION:
Mary L. Hibbard, Anaheim United Methodist Church gave the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
PRESENTATION - RECOGNIZING 1998 GRADUATES OF COMMUNITY EMERGENCY
119:
RESPONSE TEAM (CERT):
Recognizing the 1998 Graduates of the Fire Department’s Community
Response Team. Mr. Bob Berg, the City’s Emergency Services Coordinator, stated it was his pleasure
once again on behalf of Fire Chief, Jeff Bowman, to recognize the 1998 graduates of the Fire
Department’s Community Emergency Response Team, 40 Anaheim residents and business owners who
have completed an extensive eight-month program in disaster preparedness. The program is available
to anyone free of charge by calling the Office of Emergency Services to get into next year’s class. He
then introduced Geisala Martinson who will read the names of the graduates as they come forward to
receive their certificates.
Mayor Daly and Council Members also came forward to greet and congratulate each of the
participants/graduates as they received their Flying “A” Certificate and congratulating them on their
graduation from the CERT program.
The following were present to receive their certificates: Maureen Baird, Robert Baird, Paul Baldwin,
Henry Bates, Marcella Bergman, Jim Bonsteel, Patricia Casey, Ben Cashman, Earlene Clausen, Charles
Fairchild, Maxine Ford, Bruce Formes, Lois Formes, Russell Garcia, Robert Grigsby, Sheryl Ison, Martha
Justus, Patricia Kotter, Richard Krause, Alice Linvingstone, Muriel Lowenberg, Christopher Mars, Sandra
Mars, Erik Martinson, Junia Martinson, John Miles, Donn Parsons, Marimar Rodriguez, Eva Stark,
Timothy Stark, Stephanie Tischauser and Judith Whitelaw. (The following graduates were unable to be
present: Armando Encalada, Jr., Dan Enos, Charles Fairchild, Howard Heaney, II, Danny McLain, Carl
Ritola, Gail Ritola, Helen Rivera and Jim Schumacher.)
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $2,217,726.57 for the period ending
December 8, 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:
Robert Briggs, 809 W. Wilhemina, Anaheim. He is present to help out some elderly neighbors, himself,
and the neighborhood he lives in. His neighbors at 701 Citron are elderly, live on a meager income and
are long-time residents. They do not presently have home insurance and there are a few situations he
would like to see resolved. He then outlined the concerns he and the immediate neighbors have: the
trees (at 701 Citron) are very overgrown and the roots have broken up his (Briggs) driveway, back patio
and adjacent neighbor’s pools have lifted up and cracked causing approximately $15,000 - $20,000
damage, roots are starting to impact the foundation of his house, his neighbor’s pool in the summer time
is filled with two feet of black, murky water which breeds mosquitoes which are overwhelming, on his
neighbor’s side of the fence, there are two to three feet of pine needles from their trees creating a fire
hazard. He (Briggs) trimmed the trees on his side but it is cost prohibitive to do so on his neighbor’s
property. Eliminating the trees is what needs to be done and he wants to know what he needs to do to
resolve the probem and the steps to take. He knows the neighbors are on the schedule for the “Paint
Your Heart Out” (PYHO) Program, but they need more help than that. He clarified for the Mayor that he
is aware they are on the schedule for May but he is not sure that program will take care of the trees.
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Mayor Daly. The program does more than paint. He suggested what Mr. Briggs might want to do is ask
PYHO to look at the property and try to do as much as the program can afford since this sounds like a
special case. Perhaps staff can find someone to help out.
City Manager Ruth. Staff will be glad to take a look, Code Enforcement and also ask Parks & Recreation
to look at the trees to see if anything can be done. Staff will also coordinate with the PYHO program.
Mayor Daly. He knows the corner in question. He does not know the role of the City in this case, but
certainly if there are any programs that are available, they should try to put some extra focus on that
corner; Council Member Tait also noted that the Orange County Vector Control is responsible for
mosquito abatement and can help to eliminate the mosquito problem.
Mayor Daly. They will ask the City Manager’s Office to keep the Council apprised of any opportunities to
help.
* * * * * * * * * * * * * * * * * * * *
Pat Kotter, on behalf of WAND, extended an invitation to all - the Council, staff, chamber audience and
those who will be watching on TV - to join with them on Friday, December 11, 1998 at 6:00 P.M. at Twila
Reid Park to welcome in the holiday season. West Anaheim has followed the example of the Nutcracker
Festival which was started three years ago and features a Tree-Lighting Ceremony as part of the
festivities. There will also be a tree-lighting at Twila-Reid Park. She then gave the schedule of events
noting that she also left some flyers at the entrance to the Chamber. She again invited all to attend.
She also thanked the Community Services Department for the assistance given to WAND in this
endeavor.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of December 8, 1998. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A12:
On motion by Mayor Daly,
seconded by Council Member Feldhaus, 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 Ordinance No. 5654 for adoption. Refer to Ordinance Book.
A1.128: Receiving and filing the Monthly Financial Analysis presented by the Finance Director for
three months ended September 30, 1998.
Council Member Feldhaus. Relative to the Monthly Financial Analysis in the Enterprise Funds, he feels
it would be of benefit to break down the electric utility operations and not combine those figures with all
Utility operations; Bill Sweeney, Finance Director explained that those figures are broken down in detail
in the back of the variance report. There are detailed financial statements on both water and electric,
operating and non-operating.
A2.169: Awarding a contract to the lowest responsible bidder, John C. Ettlin, in the amount of
$81,480 for Right-of-Way Fencing and Cleanup Katella Avenue/Ninth Street to Jean Street.
A3.160: Accepting the low bid of Shallbetter, c/o Matzinger-Keegan, Inc., in the amount of $61,393
for six manual operated padmount, sectionalizing switches with holders, in accordance with Bid
#5853.
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A4.123: Approving the federally funded FY 1998-99 Emergency Shelter Grant (ESG) Agreement
with the Anaheim Interfaith Shelter, in the amount of $61,000.
A5.156: Accepting a grant award, in the amount of $91,392 from the Office of Criminal Justice
Planning for third year funding in the Partnership for Suppression of Drug Abuse in Schools
Program, and authorizing the Chief of Police to execute all necessary documents pertaining to
said grant.
Council Member McCracken noted this is just another example of how Anaheim is working to provide
programs in City schools.
A6.116: Approving the JTPA State “Waiver Checklist and Performance Agreement” for local
Service Delivery Area (SDA) Implementation in the fiscal year 1998-99.
A7.130: ORDINANCE NO. 5654 (AMENDED FIRST READING) AN ORDINANCE OF THE
CITY OF ANAHEIM APPROVING A FOUR YEAR FRANCHISE AGREEMENT WITH CNETURY
VALLEY CABLE CORPORATION AND CENTURY COMMUNICATIONS CORPORATION
PURSUANT TO ORDINANCE NO. 4087, AS TRANSFERRED AND AMENDED, AND SETTING
FORTH CERTAIN OTHER AGREEMENTS OF THE PARTIES. (Introduced at the meeting
10/13/98, Item D2, amended first reading on 11/17/98, Item D4, and re-introduced (amended first
reading) at the meeting of 12/1/98, Item A25.)
City Manager Ruth announced that Century Communications requested some minor (technical) changes
and the ordinance will have to be reintroduced again; City Attorney White. He confirmed that the
changes would require reintroduction tonight (amended first reading) with adoption of the ordinance at
next week’s meeting.
A8.123: Approving an Agreement for Legal Services with Fulbright & Jaworski.
A9.152: Authorizing the Human Resources Director to execute agreements for the acquisition of
labor and services for temporary personnel.
A10.123: Approving an Agreement with HDR Engineering, Incorporated, in an amount not to exceed
$86,970, to provide engineering services for the Pump and Well Improvement project; and
authorizing the Public Utilities General Manager, on behalf of the City, to execute said
Agreement, and any other related documents necessary to complete the project.
A11.123: Approving an Agreement with Carollo Engineers, P.C., in an amount not to exceed
$204,780 to provide professional services for the Chlorination System Conversion Project, and
authorizing the Public Utilities General Manager on behalf of the City, to execute the Agreement
and any other related documents necessary to complete the project.
Mayor Daly declared a conflict on this item and he will, therefore, be abstaining from any discussion or
decision.
A12.117: Approving the 1999 Investment Policy as submitted by the City Treasurer.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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CONDEMNATION HEARING - HARBOR BOULEVARD PROJECT - ANAHEIM
A13. 121:
RESORT AREA IMPROVEMENT AND BEAUTIFICATION PROGRAM:
To consider the
adoption of a resolution finding and determining the public interest and necessity for acquiring
and authorizing the condemnation of a portion of certain real property in connection with the
Harbor Boulevard Project and the Anaheim Resort Area Improvement and Beautification
Program.
Submitted was report dated November 24, 1998 from the Public Works Department recommending
adoption of the subject resolution for a portion of certain real property at 1460 and 1480 Harbor
Boulevard (JWM Family Enterprises - R/W 5130-4, 4A).
Mayor Daly. This is the time and place for the hearing on the acquisition of property by eminent domain
in connection with the Harbor Boulevard Project, Anaheim Resort Area Improvement and Beautification
Program.
Mayor Daly asked for a staff presentation.
Natalie Meeks, Civil Engineer/Project Manager, Public Works. The resolution is for acquisition of the
subject property necessary for the purpose of making public roadway improvements on the circulation
element of the General Plan of the City of Anaheim. Staff is recommending adoption of the resolution to
move the acquisition forward but will continue to work with the property owner in order to reach a
settlement. (See Discussion portion of the November 24, 1998 staff report).
Mayor Daly. In conducting the hearing, testimony will be taken from the owner of record or a designated
representative for the 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 the 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
Government 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.
Mayor Daly opened the Public Hearing.
Mr. Kenneth Fisher, 1415 W. Cerritos, Anaheim. His issue was, where in the Constitution under the
eminent domain law does it give the government the right to take away private property for the benefit of
public organizations.
Mayor Daly closed the Public Hearing.
Council Member Tait asked for clarification if this involved the Marriott Corporation; City Attorney White
answered, yes.
Council Member Tait stated, in that case, he may have a conflict since his firm has done business with
the Marriott. He will, therefore, be abstaining on this item.
City Attorney White. He noted it will then require a unanimous vote of the four remaining Council
Members.
Council Member Kring asked if there had been discussions with the Marriott about this; Ms. Meeks
answered that staff has been in discussion with the property owners. They have no problem moving
forward with this action, but have not accepted the offer made.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 8, 1998
Mayor Daly offered Resolution No. 98R-258 for adoption.
RESOLUTION NO. 98R-258: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST
AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY
LOCATED AT 1460 AND 1480 HARBOR BOULEVARD FOR THE
PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (JWM
FAMILY ENTERPRISES – R/W 5130-4, 4A).
Roll Call Vote on Resolution No. 98R-258 for adoption.
AYES:MAYOR/COUNCIL MEMBER:Feldhaus, Kring, McCracken, Daly
NOES:MAYOR/COUNCIL MEMBER:None
ABSTAINED:MAYOR/COUNCIL MEMBER:Tait
The Mayor declared Resolution No. 98R-258 passed and adopted.
REQUEST FOR REHEARING:
B1.
CONDITIONAL USE PERMIT NO. 3841, AND NEGATIVE DECLARATION - 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 with 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.
Informational item at the meeting of September 22, 1998, Item B10. Letter of appeal submitted
by the agent, Growth Management Company.
At a public hearing held October 20, 1998, Item D3, the Anaheim City Council denied CUP NO.
3841 (Resolution No. 98R-234), and denied Determination of Public Convenience or Necessity
No. 98-05 (Resolution No. 98R-235).
A Request for Rehearing and Declaration of Merit was submitted by the owner, Growth
Management Company, discussed and continued from the meeting of December 1, 1998, item
B12.
Mayor Daly. This is a request for a rehearing and a Mr. Shaw earlier in the meeting stated he would hold
his comments until the Council came to this item. He asked now to hear from Mr. Shaw.
Mr. Shane Shaw, Growth Management, 3820 E. LaPalma, Anaheim 92807. The purpose of requesting
the rehearing is that at the previous hearing, they did not have an opportunity to explain and there was
confusion as to the number of licenses available. All they are asking is to give them an opportunity to
educate the public and the neighbors what off-sale and on-sale means. One of the comments at the last
hearing was why they were not purchasing an existing license. He is pleased to report the store right
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 8, 1998
behind their gas station voluntarily surrendered their license and the Arco gas station on the other side,
they have been informed by ABC that they have withdrawn their application. If it means not adding one
to the number of licenses, even if they get one, it will be one number less (for the area). Since this is
exchanging money between business people, they would like to be able to contribute that to help some
organization working with charities such as the “Paint Your Heart Out” program. They are very involved
with that program and also with Anaheim Interfaith Shelter and would like to help them to build a shelter
for kids with Growth Management acting as their Engineers. In the entire area, type 20 means off sale.
There is only one and four are allowed.
Mayor Daly. This was discussed last week and he (Daly) suggested a seven-day continuance. During
that time, he has had a chance to visit with staff and to look at more of the details. He is comfortable
with a rehearing. It also seemed to be the sense of the Council to have a rehearing. A motion had been
made to that effect at last week’s meeting.
The motion that was on the floor at the last meeting was as follows:
MOTION. Council Member Kring moved to grant the request for a rehearing submitted by the applicant.
Council Member McCracken seconded the motion.
A vote was then taken on that motion. Council Member Tait abstained. MOTION CARRIED.
City Clerk Sohl explained for the Mayor that the Public Hearing would be scheduled some time in
January.
CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3830
D1.179:
AND NEGATIVE 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 vacancy).
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 hearing continued from the meetings of September 22, 1998, Item D2, and November 17,
1998, Item .
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
STAFF INPUT:
See staff report to the Planning Commission dated July 20, 1998.
Mayor Daly asked to hear from staff with focus on the issues on the table -- on this CUP vs. what may be
involved with the overall Ace Fixtures operation but not on the table this evening. He understands there
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 8, 1998
may be more than one CUP that goes with the property and he would like to make that clear at the
beginning.
Greg Hastings, Zoning Division Manager. CUP 3830 pertains to only the .22 acre portion of the property
which is actually “L” shaped, the western portion of the storage yard. This was originally approved in
1996 for two years and the two-year period was established to allow the use to exist temporarily while the
I-5 widening was occurring. There were a few conditions at that time that were imposed including that
the portion of the storage yard in question be utilized only for the storage of finished products available
for sale in conjunction with the existing retail restaurant supply store along with other conditions which he
briefed. While the use has existed, several violations have occurred and Code Enforcement has
received numerous complaints from the neighbors regarding the impacts. Staff met with the applicant
last week and he expressed a desire to comply. The Code Enforcement Manager is present to address
recent inspections.
Mayor Daly asked for clarification relative to the conditions of approval wherein Mr. Hastings stated that
the applicant expressed a desire to adhere to those conditions.
Greg Hastings. A discussion took place in staff’s offices with the applicant and they went over the
conditions. The applicant (Mr. Berger) expressed his desire to comply with those conditions.
Mayor Daly asked if that then changes staff’s recommendation as outlined in the Staff Report to the
Planning Commission (dated July 20, 1998).
Greg Hastings. Staff is still concerned about the length of time the use has been in existence. There has
been non-compliance and concern about the continued use of the property the way it has been used over
the past two years.
John Poole, Code Enforcement Manager. He asked the City Attorney to pass out an aerial photo taken
just this afternoon of Ace Fixtures (see aerial photo - 12-8-98 - made a part of the record) which outlines
the basis of their concerns. The photo shows the extensive storage on the property (outlined by orange)
as well as the complaints about vehicles being unloaded on a public street, noise, etc. Staff did meet
with Mr. Berger last Wednesday. They said they would comply and even suggested new conditions and
new considerations including not allowing employees to park on the south side of Center Street. In staff’s
opinion, this use has been overintensified on this small piece of property and has been a continual
problem while there was some time it was not. With this much storage on top of the residential area,
there will be constant complaints of noise and storage problems. Further, with the amount of storage, it
would be difficult to get into the area (the storage lot) if there was some emergency. The storage has
increased since the last time staff saw it.
Council Member Tait. On the appeal, the applicant states they are impacted from freeway construction.
He asked staff to elaborate on those impacts.
John Poole. The problems that are occurring are not due to the freeway construction but the extensive
outside storage and unloading on Center Street. They cannot maintain their landscape area but staff has
not received any complaints about that.
Mayor Daly opened the continued Public Hearing and asked first to hear from the applicant.
Mr. Steven Berger. He is the son of the owner of the property. He was requested by Phil Schwartze,
agent for the applicant, to extend his apologies for not being present which, as the Council probably
knows, is due to the fact that he went through bypass surgery recently. He continued that this issue goes
back a long way. They have made a great effort to work with staff. They met last week as they have
numerous times. To the best of their ability and knowledge, they did comply with staff’s requests -- they
put up a cloth to block any view from the public, there was one area that was left open and last week
they took care of that and they fixed broken windows in the building. It is true that there is a problem, the
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issue with regard to parking, including up until this morning. Some of their employees misunderstood
instructions as to where they can and cannot park. Center Street is a public street, but they have asked
their employees not to park there other than on the Ace Fixture side of the street.
Mr. Berger continued that they did not address the amount of storage that was taking place in the
highlighted area (as indicated on the aerial photograph). It was never discussed; this was the first time.
Otherwise, all the requests have been complied with. Over a two-year period of time, they have been
paying on a monthly basis for inspections by Code Enforcement to enforce the CUP. Ace Fixtures was
never cited during that time and to this day have never received a citation for any violation. Staff asked
them to install a loading zone and they complied. There is an ability for trucks to unload on the
premises. They have encouraged staff that where there is unloading being done illegally, that a ticket be
given to the driver of the truck. They have done the best they could. This is a commercial zone and
they have been there for 35 years. Prior to that, another business was there for 50 years. There are
other businesses in the area as well. He reiterated he does not know what else they can do; tell them,
and they will do it. They are not intentionally doing anything to anybody and are not doing anything
illegal.
Mayor Daly asked if there were other persons who wished to speak in favor; there were none. He then
asked to hear from those in opposition.
Jim Atry, 1122 W. Center Street, Anaheim. He has lived directly behind Ace Fixtures for 18 years.
When they first moved in, Ace was a small restaurant supply business; over the years it has expanded.
The CUP concerns the two lots with houses which Ace tore down and said they were going to provide a
parking lot but then applied for a CUP for open storage. The neighborhood has grown and it is necessary
that he have parking available on his property. The street cannot afford it any more. There are too
many people on the street. He would love to gather all the paperwork together to show the
inconsistencies. Mr. Berger considers Center Street the Center Street loading zone when it is a
residential street. A main concern is for Sharon Becker who is surrounded by a “junk yard”. They have
also asked for a sound wall. It has been a 15-year battle and it needs to stop now. He then clarified for
the Mayor that residents cannot park in front of their houses because of (1) Ace Fixture employees and,
(2) because of their customers. He (Atry) has the one driveway on the street and everyone else is
required to park on the street. He would like to see his employees park on their property and have him
conduct business on the Ace Fixture property. The CUP talks about negative impacts to the
neighborhood. He feels that sums it up. It is not fair to the residents; it has to stop. The Planning
Commission voted to deny and he urged the Council to do so as well.
Sharon Becker, 1129 W. Center, Anaheim. The Mayor properly identified which was her property at the
previous meeting (see minutes of September 22, 1998). Looking at the aerial photo, she is caught in the
“horseshoe”. They are looking at the negative impact in the community. They reside in Anaheim, eat,
sleep and breath there. The safety, health and welfare of the neighborhood is their concern. The
business has grown so much, it is now too big for the location. He needs to move somewhere that can
better accommodate him. She reported on an incident that occurred just yesterday in front of her house
to show that the problems continue. Things have improved in the last couple of weeks, but it does not
happen all year long. She urged that they honor what the Planning Commission suggested and vote no.
There being no further persons who wished to speak, the Mayor asked to hear from the applicant to sum
up.
Steven Berger/Ace Fixtures. (1) Lincoln Avenue is in the middle of being resurfaced but prior to that
there were never any restrictions on parking. There is plenty of parking between their parking lot and
spaces staff required on the highlighted area (of the aerial map) and many spaces on Lincoln. There is
not a single requirement for any employee to have to park on Center Street. (2) In terms of loading and
unloading, they could do so from Lincoln but prior to 18 years back and probably 25 years, it was the City
that suggested that they use Lincoln. (3) Relative to a sound wall, staff came out and tested the noise
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 8, 1998
level and they were no where near being in violation. (4) Regarding the negative impact, there was a
business there and the entire area is zoned for commercial use. They have not gone out of their way to
cause a negative impact. Their business has been status quo for many years. The business is not
moving away whether the CUP is granted or not. At one point, Mrs. Becker wanted to sell her property
but they could not come to terms on a fair market value. She is blocked in and he can appreciate the
fact that there is not a great liquidity for the property at this point.
In conclusion, Mr. Berger reiterated some of his opening comments that whatever staff had requested
they did. They have encouraged staff to come out and continuously site them or inform them of any
problem. They have been paying $57/month for two years to have Code Enforcement do so but they
have never been cited or found in violation. He has even suggested to staff they would be happy to go
on that program again. If they talk to staff, staff will tell them that they have been extremely cooperative.
Mayor Daly closed the Public Hearing.
Council Member McCracken. They are talking about commercial businesses and she believes the
original CUP required that they have employee parking -- 18 spaces available in the parking lot for
employees and customers. Also, loading and unloading of large vehicles on public streets is not allowed
in Anaheim for commercial businesses. She suspects these incidents are violations.
John Poole. In this particular area, Mr. Berger obtained a loading and unloading zone permit restricted
for vehicles not over 10,000 lbs. and parked within 18” from the curb. In the past few months, they have
observed vehicles much larger than 10,000 lbs. and a much longer distance than 18” from the curb.
Council Member Tait. He asked for clarification from staff that during the two-year period of continuing
inspection, there were no violations and the applicants have done all they can to comply; John Poole.
There were very few complaints during that time -- some storage concerns and complaints of parking
vehicles in the street. By the time Code Enforcement got to the area, they could not substantiate the
latter. Basically what Mr. Berger said earlier was correct. He will say, however, the neighbors have
complained so much that in situations like this they quit complaining because they just give up. He is not
speaking for them, but, from his experience, there probably were problems during that two years
although they do not have much of it on record.
Council Member Tait. He asked if the situation has worsened since it looks like the lot is too small; John
Poole. That is correct. At one time, they were off-loading vehicles on the property. The aerial picture
tells the best story. With as much storage that is on the property, they cannot off load vehicles in that
area. Looking at the photograph, there are two vehicles parked on the parcel and they are required to
have four spaces but the other two are apparently filled with storage. Storage is taking place in the
required parking on site.
Council Member Tait. It seems that the applicant has tried to comply but has outgrown the capacity of
the parcel and the building and the result is it spills over into the street. He asked Mr. Berger if his
business has grown substantially in the last couple of years.
Steve Berger. The business has been stable all these years. In the past two years it has been the
problem of the construction on Lincoln which has impacted the business. Lincoln and Center are public
streets. There is enough parking. They also own the liquor store next door which has parking spaces
and there are an additional four spots in the lot in question. (He then reiterated some of his previous
comments.)
Council Member Tait stated he believes if there was not so much storage on the property, trucks would
be able to pull into the yard and off load; Mr. Berger stated the trucks can pull in if they want to but do not
do so because it is a hassle for them. He cannot force the driver to pull his truck in.
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Extensive additional dialogue and questions followed between Council Members Kring, McCracken and
Tait and Mr. Berger regarding the major issues of parking, activities taking place on Center Street,
excessive storage, Code Enforcement activities, etc. During the discussion, Council Member Feldhaus
noted that when he left the Council in 1996, the outside storage problem at Ace Fixtures was an issue
then and he is hearing the same stories today. He is pleased that the business is successful but Mr.
Berger needs more storage room in an area that can accommodate that success and not be a detriment
to the existing neighborhood and the aesthetics of the area.
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION:
On motion by Council Member
McCracken, seconded by Council Member Feldhaus, the City Council denied the Negative Declaration
upon finding that is has considered the Negative Declaration together with any comments received
during the public review process, and further finding on the basis of the initial study and any comments
received that there is substantial evidence that the project will have a significant effect on the
environment. Council Member Kring and Tait voted no. MOTION CARRIED.
Council Member McCracken offered Resolution No. 98R-259 for adoption denying Conditional Use
Permit No. 3830. Refer to Resolution Book.
RESOLUTION NO. 98R-259: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
3830.
Before a vote was taken, Council Member Tait stated he is uncomfortable denying the CUP at this time.
The problem is that the business has about 50% more storage on the lot than it should have. Perhaps
there is a solution where the Council can require that 50% of the storage be removed or designate
certain areas for parking short of denial. Perhaps they could continue this.
Council Member McCracken clarified that they are not denying the use. Mr. Berger can use the lot for
loading and unloading; Council Member Tait asked if that was accurate.
City Attorney White. The property is zoned commercial so he can continue to maintain his commercial
business. All they are considering tonight is whether to reinstate the CUP that permits outdoor storage.
If denied, the business cannot continue outdoor storage. There would be a small portion on the adjacent
lot that is legal, non-conforming outdoor storage but everything within the red border (as defined by the
aerial photo) would be eliminated.
Council Member Tait surmised he could still store about 40%; Mayor Daly confirmed that the 40% is on
the adjacent property.
Mayor Daly. He agrees with the concern that this has been a long-time business but he believes the City
has been more than reasonable in allowing the outdoor storage for the past two year period which has
long since expired. He will, therefore, be supporting the resolution to deny.
Roll Call Vote on Resolution No. 98R-259 for adoption.
AYES:MAYOR/COUNCIL MEMBER:Feldhaus, Tait, McCracken, Daly
NOES:MAYOR/COUNCIL MEMBER:Kring
ABSENT:MAYOR/COUNCIL MEMBER:None
The Mayor declared Resolution No. 98R-259 duly passed and adopted.
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LIAISON COMMITTEE APPOINTMENTS - REGIONAL AGENCY
C1., C2., C3. 114:
APPOINTMENTS AND GROWTH MANAGEMENT AREA APPOINTMENTS:
LIAISON COMMITTEE APPOINTMENTS:
I.N.S. Committee (Zemel, Tait) Audit (Daly, McCracken)
Redevelopment (Lopez, McCracken) Chamber of Commerce (Zemel, McCracken)
Transportation (Daly, Zemel) Utilites (Daly, Tait)
Mayor Daly. The INS Committee is, in fact, a committee of the Legislative Liaison Committee. He
believes they should appoint a new Legislative Liaison Committee and not an INS Committee. It does
not square with his recollection. He would, therefore, suggest holding the appointments for one week.
He asked for comments from the Council Members.
Council Member McCracken. She is more than willing to give up one of her present assignments on the
Liaison Committees if there are others interested; however, she would be glad to stay on the
Redevelopment and Audit Committees; Council Member Tait. He is content with being Liaison to the
INS Committee and Utilities; Council Member Kring. She is open to any assignments but would like to
put in her bid for the INS and Chamber Liaison Committees; Council Member Feldhaus. He would take
the Transportation and Chamber Liaison Committee assignments.
Mayor Daly. Relative the the Transportation Liaison, the rationale recently has been to appoint people
who are involved in the Transportation Corridor Agencies or one of the other transportation assignments.
That was the rationale for the previous Liaison Committee. On Audit, there is a tradition that the Mayor
serve. The Chamber Committee is something that has existed from time to time, but it is up to the
Council. The Utilities was an Ad Hoc Committee because the Utilities Department was in the process of
doing the RFP on Utility operations. It may be they only need the Utilities Liaison Committee for another
few months until that process is completed.
City Manager Ruth. Staff will be coming to the Council with a report regarding options (summarizing
their recommendation) some time after January.
Mayor Daly suggested that they consider these for another week as there may be other liaisons they wish
to have noting that a few years ago there were many committees and last year they deleted quite a few.
He would like to obtain more information from staff on the Legislative/INS Committee and also
determine who wants to serve on the Transportation Corridor Agencies which will determine who is on
the Transportation Liaison Committee.
MOTION. Mayor Daly moved to continue all (foregoing) Liaison Committee Appointments for one week.
Council Member Kring seconded the motion. MOTION CARRIED.
REGIONAL AGENCY APPOINTMENTS:
Foothill/Eastern Transportation Corridor (Lopez)
County Sanitation Districts 2, 3, and 13 (Zemel)
Motion: _________ To appoint such other Agency or District Representatives as desired.
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DECEMBER 8, 1998
MOTION. Mayor Daly. He is aware that Council Member McCracken is interested in serving on the
Sanitation District Board of Directors. He thereupon moved to appoint Council Member McCracken to
the County Sanitation Districts Board for Districts 2, 3 and 13. Council Member Tait seconded the
motion. MOTION CARRIED.
Mayor Daly then asked the Council’s interest level serving on the Foothill/Eastern Transportation
Corridor. He has some level of interest but is already on the OCTA Board; Council Member Kring
suggested continuing the Foothill/Eastern Transportation Corridor appointment for one week.
MOTION. Mayor Daly moved to continue the appointment to the Transportation Corridor for one week.
Council Member Kring seconded the motion. MOTION CARRIED.
Relative to the motion on appointments to other Agencies or Districts, City Clerk Sohl noted that she had
given the Council a grid that shows all the appointments. After reviewing that, she and the City Attorney
put together a generic motion so that the Council could subsequently take action by on those
appointments; Mayor Daly surmised that this was a “catch-all” motion so that they can appoint any of the
Council Members to the Regional Boards.
Later in the discussion the appointments to other Agencies or District Representatives was continued one
week.
GROWTH MANAGEMENT AREA APPOINTMENTS:
Growth Management Area No. 1 (Lopez, Daly) - Representative and Alternate
Growth Management Area No. 2 (Daly, Lopez) - Representative and Alternate
Growth Management Area No. 3 (McCracken, Zemel) - Representative and Alternate
Growth Management Area No. 4 (McCracken, Zemel) - Representative and Alternate
Mayor Daly, noting the staff report concerning these appointments, the City must send an elected official
to these four meetings which are all part of the Measure M requirement(s) that cities must meet
occasionally to discuss local transportation projects that affect neighboring cities.
There was brief Council discussion regarding these appointments at the conclusion of which the following
actions were taken:
MOTION. Mayor Daly moved to appoint Council Member Kring as Representative to Growth
Management Area No. 1 with himself as the Alternate. Council Member Tait seconded the motion.
MOTION CARRIED.
MOTION. Mayor Daly moved that he again be appointed Representative to Growth Management Area
No. 2 with Council Member Kring as the Alternate. Council Member Tait seconded the motion. MOTION
CARRIED.
MOTION. Council Member Feldhaus moved to appoint Council Member McCracken Representative to
Growth Management Areas No. 3 and No. 4 with himself as the Alternate on both. Mayor Daly seconded
the motion. MOTION CARRIED.
Appointees are clarified as follows:
Growth Management Area No. 1 - Representative, Council Member Kring; Alternate, Mayor Daly.
Growth Management Area No. 2 - Representative, Mayor Daly; Alternate, Council Member Kring.
Growth Management Area No. 3 - Representative, Council Member McCracken; Alternate, Council
Member Feldhaus.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
DECEMBER 8, 1998
Growth Management Area No. 4 - Representative, Council Member McCracken; Alternate, Council
Member Feldhaus.
REPORT ON CLOSED SESSION ACTIONS:
C4. 112:
City Attorney White stated there was nothing to report.
COUNCIL COMMENTS:
C5. 114:
Mayor Daly. He noted that all Council Members have a draft of the proposed Council Meeting Calendar
for 1999. He questioned if the Council needed to formally adopt the schedule at a Council Meeting; City
Clerk Sohl answered that it has been done both ways (at a meeting or informally) in the past; however,
she suggested if they object to the schedule or want to change it, to just inform her and she will make the
changes and make it available. She used last year’s meeting schedule as a template.
Mayor Daly suggested that it not be put on the agenda for consideration but that Council Members
communicate with the City Clerk.
Brief Council discussion then took place relative to some activities that might affect the schedule as well
as vacations, other conflicts, etc., at the conclusion of which Mayor Daly asked that Council Members
communicate their input to the City Clerk within the next week or so that the schedule could be finalized.
Mayor Daly then asked about the Public Hearing schedule for next Tuesday’s meeting noting that he
believes there are five scheduled; City Clerk Sohl answered that was correct but they may be getting a
request for continuance on one of the hearings but she does not know which one at this time.
Mayor Daly also asked if staff had any problem relative to the proposed schedule of meetings for
January -- January 5, 12 and 26, 1999; the general consensus was no.
* * * * * * * * * * * * * * * * * * * * * *
Mayor Daly then thanked City staff for their excellent cooperation in the staging of the Nutcracker
Festival and the tree-lighting ceremony which took place last Friday evening. It was well attended and
growing every year. He also again reminded the public of the tree-lighting ceremony to take place at
Twila Reid Park in West Anaheim on Friday, December 11 at 6:00 P.M.
ADJOURNMENT: By general Council consent, the City Council Meeting of December 8, 1998 was
adjourned (7:30 P.M.).
LEONORA N. SOHL
CITY CLERK
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