1998/10/20ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 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
ASSISTANT CITY MANAGER: Dave Morgan
EXECUTIVE DIRECTOR COMM. DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
SENIOR PLANNER: Cheryl Flores
INVESTIGATOR - POLICE: Tom Engle
CIVIL ENGINEER: Natalie Armas
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:40 p.m. on
October 16, 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 3:05 p.m.
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 Court Case No. 70-80-71.
ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS:
2.
Titles: City Manager, City Attorney, City Clerk, and City Treasurer.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
3.
54956.9 (a) - EXISTING LITIGATION:
Name of case:
In the matter of City of Anaheim, et al. U.S. Securities and Exchange
Commission
Administrative Proceeding File No. 3-9739.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
4.
Property:
1831 South Harbor Boulevard
Negotiating parties:
City of Anaheim and Peacock, LLC.
Under negotiation:
Price and terms.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the
motion. MOTION CARRIED. (3:07 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 20, 1998 to order at 5:15 P.M. and
welcomed those in attendance.
INVOCATION:
Reverend Bob Kuest, Anaheim First Christian Church
FLAG SALUTE:
Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag.
PRESENTATION - 1998 EMPLOYEE OF THE YEAR AWARD:
Recognizing the Anaheim Rotary
Club’s recipient of the 1998 Anaheim Employee of the Year Award and letters of commendation for the
two runners up.
Carol Stone, City Librarian introduced Rosemarie Perrone, Librarian, 1998 Employee of the Year who is
to receive a Flying A Certificate and also Keely Hall, Librarian, one of the runners up who will receive a
letter of commendation. She also elaborated on the reasons why Rosemarie and Keely were so
honored.
Joel Fick, Planning Director introduced Michele Diaz, also a runner up, gave her background and
elaborated on her contributions to the Building Division.
Mayor Daly and Council Members personally greeted, congratulated and commended Rosemarie
Perrone and also Keely Hall and Michele Diaz. The Mayor noted that the Rotary Club honored the
employees yesterday at their luncheon. This is the second year they have made this award. Ms.
Perrone was presented with a Flying A Certificate and the runners up, letters of commendation.
* * * * * * * * * * * * * * * * * * * * *
PRESENTATION OF ANNUAL EMPLOYEE SERVICE AWARDS:
Presentation of service awards to
City employees with 25, 30 and 35 years of service.
Walt Jerz, Human Resources Department, introduced the following employees who were present to
receive their service awards. Mayor Daly and Council Members personally commended the employees
for their long and dedicated service to the City and citizens/taxpayers of Anaheim.
35 YEAR AWARDS:
Community Services: Donald Lewis, Golf Course Superintendent. Fire: Robert Hernandez, Fire Captain;
Darrel Wallace, Firefighter. Public Works/Engineering: Kenneth Baker, Principal Engineering Aide.
Police: Beverly Clabaugh, Senior Secretary.
30 YEAR AWARDS:
Community Services: Sharon Johnson, Librarian I; Alvin Morris, Golf Course Maintenance Supervisor;
Harvey Waldron, Parks Field Supervisor. Planning: John Poole, Code Enforcement Manager. Police:
Bonnie Arnold, Police Communications Supervisor; James Flammini, Police Lieutenant. Public Utilities:
Meredith Lanz, Senior Utilities Systems Scheduler; Paul Olshefsky, Line Mechanic; Robert Templeton,
Senior Electrical Systems Designer.
25 YEAR AWARDS:
Community Development: Florence McDole, Systems Specialist. Community Services: Catherine
Brown, Senior Library Clerk. Convention Center: Judy Maturo, Event Coordinator II; Larry Robinson,
2
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Box Office Manager. Fire: Jeffrey Bowman, Fire Chief; Gary Wilder, Fire Division Chief. Maintenance:
Janet Simpson, Maintenance Planner. Police: Frank Fleming, Police Captain; Robert Simpson, Police
Officer; James Conley, Forensic Services Supervisor; Virgil (Dale) Crawford, Police Officer; James
Moore, Police Sergeant. Public Utilities: James Amato, Financial Planning Supervisor; Donna Crabill,
Customer Service Rep. III; Sharon Ferguson, Administrative Services Supervisor; Dennis Lambert,
Senior Electrical Systems Designer; Darlene Lonsdale, Office Specialist II; Grover (Ray) Merchant,
Senior Resource Efficiency Advisor; Steven Halbert, Water Production Technician. Public Works
Engineering: Rodney Lemons, Survey Party Chief.
Thirty-seven additional employees (3/35 yrs., 6/30 yrs., 28/25 yrs.) were unable to be present and their
awards presented in their respective departments.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
119:PRESENTATION RECOGNIZING THE ANAHEIM ROTARY CLUB’S RECIPIENT OF THE
1998 ANAHEIM EMPLOYEE OF THE YEAR AWARD
119:PRESENTATION OF THE ANNUAL EMPLOYEE SERVICE AWARDS RECOGNIZING
EMPLOYEES WITH TWENTY-FIVE, THIRTY, AND THIRTY-FIVE YEARS OF SERVICE TO THE
CITY.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $3,704,617.76 for the period ending
October 20, 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:
Miriam Kaywood, Anaheim resident (and former Council Member). She asked that the Council not allow
any Council Member to vote without being present, i.e., pushing their vote button and then leaving the
room not returning until after the vote.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on item A13 (see discussion under that item).
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of October 20, 1998. Council Member Lopez seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A17:
On motion by Mayor Daly,
seconded by Council Member Zemel, 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 Resolution Nos. 98R-222 through 98R-231, both inclusive, for adoption.
Mayor Daly offered Ordinance No. 5651 for adoption. Refer to Resolution/Ordinance Book.
A1.118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Dennis James Lupresto for bodily injury sustained purportedly due to
actions of the City on or about December 30, 1997.
3
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
b. Claim submitted by Adam Joseph Maldonado for bodily injury sustained purportedly due to
actions of the City on or about October 28, 1997.
c. Claim submitted by Walter G. Stroud for property damage sustained purportedly due to
actions of the City on or about August 30, 1998.
d. Claim submitted by Betty J. Gum for property damage sustained purportedly due to actions of
the City on or about August 25, 1998.
A2.105: Receiving and filing minutes of the Anaheim Public Library Board meeting held September
1998.
A3.123: Approving an Agreement with Lynn Capouya, Inc., in an amount not to exceed $45,000 for
enhanced landscaping design services for the Beach Boulevard Median Island Improvements
Project from 182m (600 feet) south of Lincoln Avenue to Ball Road.
A4.158: RESOLUTION NO. 98R-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties, or interests therein to
the City.
A5.123: Approving an Amendment to Agreement with KFM Engineering, Inc., in an amount not to
exceed $436,600 for the Katella Avenue Project.
A6.173: ORDINANCE NO. 5651 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Section 4.72.045 to Chapter 4.72 of Title 4 of the Anaheim Municipal Code
relating to regulation of taxicabs. (Introduced at the meeting of October 13, 1998, Item A17.)
A7.123: Approving an Attorney Services Agreement with Thompson Coburn to represent the Public
Utilities Department at the Federal Energy Regulatory Commission, and to provide general legal
advice to the City regarding electric industry and telecommunications issues.
A8.123: Authorizing the execution of an Agreement with Supra Products, Inc., for license of
products and services for the Supra Electronic Padlock Security System for Electrical Utilities.
A9.123: RESOLUTION NO. 98R-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving, authorizing and directing execution of a certain “Purchase and Sale
Agreement and Joint Escrow Instructions” and related documents; and authorizing and directing
certain actions with respect thereto. (Purchase of the Anaheim Memorial Medical Center for use
as a Police Station and other municipal purposes).
A10.123: To consider approving a Sixth Amendment to the Jolly Roger Lease Agreement by and
between the City and Peacock LLC, and authorizing the Mayor to execute said amendment.
A11.123: To consider approving an Option Agreement to purchase real property with the Peacock,
LLC., a California Limited Liability Company (1.5 acres currently leased to the owner operator of
“The Jolly Roger Inn”, Peacock LLC) without public bidding, and with a finding that such sale is in
the public interest. (Four affirmative votes required.)
Mayor Daly. Item A10 and A11 were discussed in closed session. He is asking his colleagues for a one-
week continuance on these items to confirm some details from staff.
MOTION. Mayor Daly moved to continue Item A10 and A11 for one week to October 27, 1998. Council
Member McCracken seconded the motion.
4
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Before a vote was taken, Council Member Zemel stated they have already had extensive discussions on
the subject and he knows that the project is time sensitive. He asked to hear from the City Manager.
City Manager Ruth. The developers have come to the City with concerns that they would like to move
forward with the project. However, without an agreement, they cannot do so.
Mayor Daly. He does have questions that have not been answered to his satisfaction in terms of the
impacts of these two items and would appreciate a week to spend additional time with professional staff
to get the answers.
Lisa Stipkovich, Executive Director of Community Development, answering Council Member Zemel,
reported that staff met with Council Members Tait and Zemel on the subject. There were no briefings
with other Council Members. They were actually in the midst of changing some of the deal points. It
was just Council Members Tait and Zemel that staff met with and then made some modifications and did
not get an opportunity to check with everyone. That is why the item was placed on the closed session
agenda.
Mayor Daly. The first opportunity he had to get into this was early this afternoon; Council Member Zemel
stated he would not oppose the motion.
A vote was then taken on the foregoing motion of continuance for one week. MOTION CARRIED.
A12.123: Approving an Agreement with California Clean Up Environmental Services, Inc., in the
amount of $18,934 to provide residential collection of used motor oil for the City of Anaheim.
A13.123: Approving an Agreement between the City of Anaheim and the Anaheim Fall Festival, at a
cost of $5,000 for the cosponsorship of the Fall Festival on October 24, 1998.
Mr. John Machiaverna, Chairman, Fall Festival Committee. He briefed the events that will be taking
place at the Annual Fall Festival to be held Saturday, October 24, 1998 as well as the route of the
Festival parade. He invited all to attend what has now become a major annual event.
A14.144: RESOLUTION NO. 98R-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM waiving Notice of Donated Space Agreement by the County of Orange of certain
property located in the City of Anaheim.
(60-day notice request by the County of Orange Health Care Agency to use space at the
Anaheim Senior Center at 250 East Center Street to operate a Preventative Health Care
Program for the Aged).
A15.128: RESOLUTION NO. 98R-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending and supplementing Resolution No. 89R-295, relating to the issuance of
the Electric Revenue Anticipation Notes of the City, and approving certain actions in connection
therewith.
A16.114: Approving minutes of the Anaheim City Council meeting held September 15, 1998.
A17.1989-1
137: RESOLUTION NO. 98R-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM RECITING THE FACT OF THE SPECIAL ELECTION HELD ON OCTOBER 15,
1998, IN COMMUNITY FACILITIES DISTRICT NO. 1989-1(SYCAMORE CANYON)
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
RESOLUTION NO. 98R-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THAT CERTAIN CHANGES IN THE LOCATION OF ONE OF THE
5
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
FACILITIES TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 1989-1
(SYCAMORE CANYON) ARE LAWFULLY AUTHORIZED PURSUANT TO SECTION 53338 OF
THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
1989-2
RESOLUTION NO. 98R-228 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RECITING THE FACT OF THE SPECIAL ELECTION HELD ON OCTOBER
15, 1998, IN COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS)
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
RESOLUTION NO. 98R-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THAT CERTAIN CHANGES IN LOCATION OF ONE OF THE
FACILITIES TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE
HIGHLANDS) ARE LAWFULLY AUTHORIZED PURSUANT TO SECTION 53338 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
1989-3
RESOLUTION NO. 98R-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RECITING THE FACT OF THE SPECIAL ELECTION HELD ON OCTOBER 15,
1998, IN COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) DECLARING THE
RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
RESOLUTION NO. 98R-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THAT CERTAIN CHANGES IN LOCATION OF ONE OF THE
FACILITIES TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE
SUMMIT) ARE LAWFULLY AUTHORIZED PURSUANT TO SECTION 53338 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
Mayor Daly. These are a series of resolutions certifying the results of the mail ballot election held in the
Mello-Roos districts of Anaheim Hills approving the purchase of an office building (Anaheim Memorial
Medical Center) for the creation of a new Police Station in Anaheim Hills along with a community center.
Council Member McCracken. She thanked City Manager Ruth and staff for their efforts in bringing the
purchase and sale of the building to fruition. It was a long time in coming. A few months ago when she
told Mr. Ruth they needed to try again, he took her seriously and did so and managed to effect the sale
and ultimately with the agreement of all the Mello-Roos Districts. It will also be a place where the
community can meet in a facility worthy of that section of the City.
Council Member Zemel. He not only thanked staff but also Council Member Tait who came up with the
idea (of purchasing the building). It was originally offered to his company and he turned around and
brought it to the City. It is going to be a great addition to Anaheim Hills.
Mayor Daly. It was a very cost-effective proposal by the City Manager and he is also glad the residents
of the Mello-Roos areas have sanctioned the change in plans for the new site selected. He looks forward
to great things from the building. A side benefit is that the parcel is also large enough to accommodate
future expansion. He asked the City Manager to bring a report back at the earliest opportunity relative to
move-in, opening, etc. He recalls a previous conversation where Police Officers could be working out of
the facility as early as December, 1998.
City Manager Ruth. He is still very confident that will be the case. A consulting firm has looked at the
space allocations. Police Chief Gaston feels he can make a transitional move without a lot of major
changes to the facility and over a period of time final improvements can be made. He would say that the
December date is still viable.
Roll Call Vote on Resolution Nos. 98R-222 through 98R-231, both inclusive, for adoption:
6
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
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-222 through 98R-231, both inclusive, duly passed and
adopted.
Roll Call Vote on Ordinance No. 5651 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS:None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5651 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ANAHEIM RESORT NEIGHBORHOODS IMPROVEMENT PROGRAM:
A18.116:
To consider approving the Anaheim Resort Neighborhoods Improvement Program, and
authorizing the City Manager, or his designee, to administer the program on behalf of the City.
Submitted was report dated October 20, 1998 from Dave Morgan, Assistant City Manager
recommending that the Council approve the Anaheim Resort Neighborhoods Improvement Program
attached to which was a Summary (Attachment A) showing the proposed program activities with an
estimated cost for each totalling $5 million and also supporting projects totalling $6,553,500 for a
combined total of $11,553,500. Attachment B was a copy of booklet - Anaheim Resort Neighborhoods
Improvement Program.
City Manager, James Ruth. The program being presented today is the culmination of many months of
effort on behalf of staff and a task force working dilligently to put together a comprehensive plan to
improve the Resort neighborhoods. He introduced Dave Morgan, Assistant City Manager, and John
Spaulding, the Project Manager who will make a presentation.
Dave Morgan, Assistant City Manager. He is pleased to be before the Council to introduce the
presentation on the Resort Neighborhoods Improvement Program with specific recommendations to
improve the quality of life in those neighborhoods immediately surrounding the resort area. This is a
result of 90 days of citizen input brought together with the assistance of a Project Manager, John
Spaulding. Members of City staff from the involved department are also present to answer any
questions. The $5 million program before the Council tonight has been made possible by Council
support for the Anaheim Resort Project approved two years ago. He then introduced John Spaulding.
Mr. John Spaulding, Project Manager. It is his pleasure to be present today to make the presentation on
the proposed Anaheim Resort Neighborhoods Improvement Program. The area under consideration is
generally described by City boundaries on the south, an extension of 9th Street on the West, Water and
South on the North and Anaheim Boulevard on the East. He then gave an extensive presentation on the
program supplemented by slides, hard copies of all of which were contained in the booklet submitted and
made a part of the record - Anaheim Resort Neighborhoods Improvement Program. The presentation
covered the following: Program Background, Goal (to increase the livability in neighborhoods
surrounding the Anaheim Resort), Guiding Principles, Selection Criteria, Area Covered (3.5 total square
miles; 7,810 dwelling units; population, 29,800), Preparation Process, Fund Project Recommendations.
The Recommendations portion briefed the improvements to be made and costs involved. In concluding,
he briefed the costs for the Improvement Program as also outlined in Attachment A to the subject staff
report.
7
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Mayor Daly. Coordination and hard work went into putting the plan together. There was extensive
cooperation, meetings and communication with neighborhood leaders to make sure these were the types
of improvements residents are desiring in their neighborhoods. He is glad to see a mix of improvements,
from beautification to traffic improvements and other needed improvements. It is important to note this
particular program touches those neighborhoods immediately adjacent to the Resort District of the City
on all four sides.
MOTION. Mayor Daly moved to approve the Anaheim Resort Neighborhoods Improvement Program
and authorizing the City Manager or his designee to administer the program on behalf of the City.
Council Member Tait seconded the motion.
Before a vote was taken, Mayor Daly thanked staff for packaging the program with the support of the
neighborhoods and bringing it to the Council in this format. The additional good news is that all of these
improvements can be accomplished relatively soon. They look forward to seeing the improvements as
well as quality of life improving in these areas.
A vote was then taken on the motion approving the program. MOTION CARRIED.
Mr. Bob Ball approached the podium and asked to speak since he thought there was going to be an
opportunity for input from the public. He has spoken on this subject many times, specifically the Jeffrey-
Lynne Project. In listening to the presentation, he notes there are many good things that are going to be
done but in looking at the area that is being covered and the $11 million to make the improvements, he
feels it is a pittance. He feels if they think anything “magnificent” is going to come from that amount of
money, they are mistaken. There is $3.9 million for the Jeffrey-Lynne area. With 700 plus apartments in
that area, there will not be a lot of improvement. He reiterated, if that amount is all that is planned for
Jeffrey-Lynne, it is not going to work.
Mayor Daly. His understanding is that this is a part of the contribution toward improving the Jeffrey-
Lynne neighborhood. He believes the actual number budgeted is upwards of $6 million.
Mr. Ball. He was under the impression that there was a much larger project being considered to
revitalize Jeffrey-Lynne; Mayor Daly. This is not the sum total of the Jeffrey-Lynne improvement
program. He asked, over and above what is in this plan, what else is comtemplated in the specific 700-
apartment Jeffrey-Lynne area.
Lisa Stipkovich, Executive Director of Community Development. The Jeffrey-Lynne area is being
handled separately. It is a part of the area and it does receive the allocation proposed in terms of putting
in public improvements. There is another effort going on in the Jeffrey-Lynne area where there is an
agreement with the Related Group and Southern California Housing Corporation that are in the midst of
analyzing the needs in the area, have done surveys, and have architects working on a much more
comprehensive plan specifically for Jeffrey-Lynne. This is only a portion of what will be done in the area;
Mr. Ball stated, on that explanation, he feels better about the situation.
5:00 P.M. - PUBLIC HEARING - SUPPLEMENTAL LAW ENFORCEMENT SERVICES
A19. 156:
FUND (SLESF):
To consider the expenditure plan for funds in the amount of $679,351.64 received by
the City of Anaheim Police Department as a result of Assembly Bill 1584 (AB1584), Citizen’s Option for
Public Safety (COPS).
Submitted was report dated October 20, 1998 from Police Chief, Randall Gaston recommending that the
Council hold a Public Hearing for approval of the Police Department’s Expenditure Plan for the FY 98/99
SLESF award from the State budget.
Police Captain, Steve Sain briefed the subject report noting that for the third consecutive year, the Police
Department is scheduled to receive Supplemental Law Enforcement Funds in the amount of $679,351.64
through the Citizen’s Option for Public Safety reauthorization legislation, AB 1584. He emphasized that
8
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
the legislation declares, “These monies shall supplement existing services, and shall not be used to
supplant any existing funding for law endorcement services provided by that entity.” It is considered
separate and apart to proposed allocations of the City’s General Fund.
Mayor Daly. He opened the Public Hearing and asked to hear from anyone who wished to speak
regarding the Police Department’s expenditure plan for the FY 98/99 SLESF award from the State
budget; there being no response, he closed the Public Hearing.
MOTION. Mayor Daly moved to approve the Police Department’s Expenditure Plan for the FY 98/99
SLESF award from the State budget. Council Member Zemel seconded the motion. MOTION
CARRIED.
ITEMS B1 - B11 FROM THE PLANNING COMMISSION MEETING OF
SEPTEMBER 28, 1998:
INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 20, 1998:
VARIANCE NO. 4346, AND ENVIRONMENTAL IMPACT REPORT NO. 311:
B1.179:
OWNER:
Cinderella Motel, Inc., Attn: Ralph Kazarian, Jr., 2416 W. Shaw, Suite 109, Fresno,
CA 93711
AGENT:
Ralph Kazarian, Jr., 2416 W. Shaw, Suite 109, Fresno, CA 93711
Pamela S. Schmidt, c/o Berger and Norton, 1620 26th Street, Suite 200 South, Santa Monica,
CA 90404-4040
LOCATION: 1747 South Harbor Boulevard - Candy Cane Inn. Property is 2.84 acres located on
the west side of Harbor Boulevard, 250 feet north of the centerline of Katella Avenue.
Waivers of maximum wall fence height requirements and minimum setback area requirements
and permitted freestanding monument signs, to reconstruct the main entrance driveway and
install new landscaping and landscape treatments in the front setback area adjacent to Harbor
Boulevard, including the construction of a fence and a new monument sign in conjunction with an
existing hotel.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4346 GRANTED (PC98-149) (5 yes votes, 2 absent).
EIR NO. 311 previously certified.
WAIVER OF CODE REQUIREMENT
B2.179.155:
CONDITIONAL USE PERMIT NO. 4062, AND ENVIRONMENTAL IMPACT REPORT NO. 313:
OWNER:
Adel Ata Ali, P.O. Box 3989, Mission Viejo, CA 92690-3989
AGENT:
Abdul Ismail, 1198 W. Ball Rd., Anaheim, CA 92802
Jeff Chess c/o Architerton, 220 Glenoaks Blvd., Suite C, Burbank, CA 91502
LOCATION: 1198 West Ball Road - Stop ’N’ Shop/Ultramar Service Station. Property is 0.50
acre located at the southeast corner of Ball Road and Walnut Street.
To remodel an existing legal non-conforming convenience market with gasoline sales and off-
premises sale of beer and wine, including the replacement of underground tanks and fuel pumps,
and the construction of a new pump island canopy, new building facade treatments and new
signage; and, to authorize the retention of two fast food lease spaces located inside the
convenience market, with waiver of (a) minimum number of parking spaces (APPROVED), and
(b) permitted wall signs (DENIED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4062 GRANTED, IN PART (PC98-150) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, approved waiver (a), and denied waiver (b).
EIR NO. 313 previously certified.
ENVIRONMENTAL IMPACT REPORT NO. 313WAIVER OF CODE REQUIREMENT
B3.155.179:
CONDITIONAL USE PERMIT NO. 4065:
9
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
OWNER:
Anaheim Marriott, Attn: General Manager, 700 W. Convention Way, Anaheim, CA
92802
AGENT:
Litiznger & Associates, 2435 East Coast Hwy., Suite 5, Corona Del Mar, CA 92628
LOCATION: 700 West Convention Way - Anaheim Marriott. Property is 15.06 acres located on
the south side of Convention Way, 480 feet west of the centerline of Harbor Boulevard.
To permit a temporary tent for convention operations at an existing hotel from November 1, 1998
to April 30, 1999, with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4065 GRANTED, for five months, from 11/1/98 to 3/31/99
(PC98-151) (6 yes votes, 1 absent).
Approved waiver of code requirement.
EIR NO. 313 previously certified.
ENVIRONMENTAL IMPACT REPORT NO. 313)
B4.155.179:
CONDITIONAL USE PERMIT NO. 3913:
OWNER:
Aftab Ahmad & Kaneez Ahmad, 2310 W. Knox Ave., Santa Ana, CA 92704
AGENT:
Scott K. Kime, 92 Argonaut, Suite 225, Aliso Viejo, CA 92656
Ard Keuilian, 16168 Beach Blvd., Suite 251, Huntington Beach, CA 92647
LOCATION: 1100 West Ball Road - Vacant service station site. Property is 0.43 acre located at
the southwest corner of Ball Road and West Street.
Requests a retroactive time extension to comply with the conditions of approval to develop an
automotive service station with a drive-through, self-service car wash facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3913 DENIED, (PC98-152) (6 yes votes, 1 absent).
EIR NO. 313 previously certified.
RECLASSIFICATION NO. 98-99-03 VARIANCE NO. 4347, AND NEGATIVE
B5.179:
DECLARATION
TENTATIVE PARCEL MAP NO. 98-178, REVISION NO. 1:
OWNER:
Lee Pete Nguyen and Mai Lan Thi Nguyen, 223 Camellia Street, Anaheim, CA 92804
AGENT:
Pzu Pham, 17660 San Simeon Street, Fountain Valley, CA 92708
LOCATION: 1915 West Ball Road. Property is 0.72 acre located on the north side of Ball Road,
128 feet west of the centerline of Nutwood Street.
Reclassification No. 98-99-03 -
to reclassify this property from the RS-A-43,000 Zone to RS-
7200 Zone or a less intense zone.
Variance No. 4347 -
(a) waivers of required orientation of single-family residential structures
(deleted), (b) minimum lot width (deleted) and (c) minimum lot depth adjacent to arterial
highways.
Tentative Parcel Map No. 98-178 -
to establish a 2-lot single-family residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
NOTE: Tentative Parcel Map No. 98-178, Revision No. 1, had an appeal period which expired
October 8, 1998.
Reclassification No. 98-99-03 GRANTED, unconditionally (PC98-153)
(6 yes votes, 1 absent).
Variance No. 4347 GRANTED, IN PART, (PC98-154).
Approved Tentative Parcel Map No. 98-178, Revision No. 1.
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 4056, AND NEGATIVE DECLARATION:
B6.179:
OWNER:
Bahman and Lilly Bayati/Afshin Bozorgamenesh, 678 S. Frontier Ct., Anaheim, CA
92807
LOCATION: 602 North Anaheim Boulevard. Property is 0.14 acre located at the northeast
corner of Anaheim Boulevard and Alberta Street.
To permit a used automobile sales facility for up to fifteen (15) automobiles.
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4056 DENIED (PC98-155) (5 yes votes, 1 abstained, and 1 absent).
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 3920, AND CEQA NEGATIVE DECLARATION:
B7.179:
OWNER:
OTR, an Ohio General Partnership, 275 E. Broad Street, Columbus, OH 43215
AGENT:
Donahue Schriber, Attn: Ms. Michelle Holling, 3501 Jamboree Road., #300, Newport
Beach, CA 92660
LOCATION: 8028 East Santa Ana Canyon Road - The Anaheim Hills Festival - 24 Hour Fitness.
Property is 85.0 acres located at the southwest corner of Santa Ana Canyon Road and Roosevelt
Road.
To permit a temporary health club facility in an existing 9,200 square-foot retail tenant space
during the construction of a new previously-approved 35,000 square foot health club facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3920 GRANTED, for one and one half years, to expire 3/28/00 (PC98-156) (6 yes
votes, 1 absent).
Negative Declaration previously approved.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-06,
B8.179:
CEQA EXEMPTION SECTION 15061(b)(3):
OWNER:
Fairmont Plaza Partners, LLC, P.O. Box 17724, Anaheim, CA 92817
AGENT:
Clayton V. Ching, 136 S. Fairmont Blvd., Anaheim, CA 92807
LOCATION: 136 South Fairmont Boulevard. Property is 2.4 acres located at the southeast
corner of Santa Ana Canyon Road and Fairmont Boulevard.
(El Rancho Plaza)
To determine public convenience or necessity to allow the retail sales of beer and wine for off-
premises consumption in a 900 square foot specialty retail store within a commercial center.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED Determination of Public Convenience or Necessity No. 98-06
(PC98-157) (6 yes votes, 1 absent).
CONDITIONAL USE PERMIT NO. 3861 CATEGORICALLY EXEMPT, CLASS 14:
B9.179:
OWNER:
Grace C. And Omar L. Blanchard, 120 El Dorado Lane, Anaheim, CA 92807
LOCATION: 191 South Old Springs Road - Hillsborough School. Property is 1.42 acres located
at the northwest corner of Monte Vista Road and Old Springs Road.
To consider the reinstatement of this permit which currently has a time limitation (approved on
September 4, 1996 until September 4, 1998) to retain a temporary modular building and to
amend or delete conditions of approval.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED reinstatement of CUP NO. 3861, to expire 3/31/00 (PC98-158)
(6 yes votes, 1 absent).
CONDITIONAL USE PERMIT NO. 3816, AND NEGATIVE DECLARATION
B10.179:
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE:
Solid Rock
Foursquare Church, 101 E. Orangethorpe, Anaheim, CA 92801, requests determination of
substantial conformance to construct an outdoor play area in conjunction with a previously-
approved church. Property is located at 101 East Orangethorpe Avenue - Sold Rock Foursquare
Church.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3816 - determined to be in substantial conformance.
Negative Declaration previously approved.
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
CONDITIONAL USE PERMIT NO. 3957 - REQUEST FOR REVIEW AND APPROVAL, A
B11.179:
NEGATIVE DECLARATION
Fritz Howser (Crown Realty & Development), 20101 SW Birch ST., #260, Newport Beach, CA
92660, requests review and approval of a semi-enclosed restaurant (Panda Express) with sales
of beer and wine for on-premises consumption within a proposed and previously approved
planned "mixed-use" commercial complex. Property is located at 2001-2221 East Katella
Avenue and 1750 South State College Boulevard - Stadium Crossings.
ACTION TAKEN BY THE PLANNING COMMISSION:
Request for review and approval-APPROVED Panda Express (CUP NO. 3957) as a replacement
restaurant tenant with the sales of beer and wine for on premises consumption.
Negative Declaration previously approved.
ITEMS B12 - B13 FROM THE PLANNING COMMISSION MEETING OF
OCTOBER 12, 1998 INFORMATION ONLY
APPEAL PERIOD ENDS OCTOBER 22, 1998 FOR THE TRACT AND
NOVEMBER 3, 1998:
CEQA NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO. 358
B12.134:
AMENDMENT NO. 3 TO THE SUMMIT OF ANAHEIM HILLS
SPECIFIC PLAN (SP88-2)
TENTATIVE TRACT MAP NO. 14124 AND FINAL SITE PLAN
DENSITY TRANSFER NO. 98-01
REQUEST FOR CITY COUNCIL REVIEW OF 12a, 12c, 12d, and 12e
OWNER:
New Millennium Homes, Attn: Dave Redillion, 2823 McGaw, Irvine, CA 92614
AGENT:
Douglas Bender & Associates, Attn: Alan Oveisi, 22936 Mill Creek Drive, #A, Laguna
Hills, CA 92653
LOCATION:
Property is 4.8 acres located at the northwest corner of Oak Canyon Road and
Weir Canyon Road (Development Area 208 of The Summit of Anaheim Hills Specific Plan No.
88-2).
General Pan Amendment No. 358
- to amend the Land Use Element of the General Plan to
redesignate this property from the General Commercial land use designation to the Hillside
Medium Density Residential land use designation.
Amendment No. 3 to the Summit of Anaheim Hills Specific Plan (SP88-2)
- to amend Exhibit
No. 10 to redesignate Development Area 208 from commercial land uses to single-family
attached residential land uses and to amend the Development Area 208 Zoning and
Development Standards to permit attached single-family dwelling units.
Tentative Tract Map No. 14124 and Final Site Plan
- to establish a 27-lot (including 5 lettered
lots)* 22-unit single-family attached residential subdivision.
Density Transfer No. 98-01
- in order to transfer a total of 22 units from Development Area 205
to Development Area 208 to justify the proposed 22-unit attached single-family residential
development.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of Exhibit “A” to City Council for GPA No. 358 (PC98-161) (6 yes
votes, 1 absent).
Approved Amendment No. 3 to the Summit of Anaheim Hills Specific Plan (SP88-2) (PC98-162).
Tentative Tract Map No. 14124 and Final Site Plan Approved.
Density Transfer No. 98-01 Approved (PC98-163).
Approved negative Declaration.
Approved request for City Council review of this project. City Council to hold a public hearing.
This matter is to be set for a Public Hearing before the City Council.
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE
B13.179:
ANAHEIM GENERAL PLAN FOR COUNTY USE OF DONATED SPACE:
Thurman Hodges,
Senior Real Property Agent, County of Orange, Health Care Agency, 515 North Sycamore
Street, Santa Ana, CA 92701, request for determination of conformance with the Anaheim
General Plan for County use of donated space for a Preventive Health Care Program for the
Aged. Property is located at 250 East Center Street - Community Center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in conformance with the Anaheim General Plan.
END OF THE PLANNING COMMISSION ITEMS.
ORDINANCE FOR ADOPTION:
B14.102: ORDINANCE NO. 5652 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 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 October 13, 1998, Item B2(b).)
The subject ordinance contains revisions as suggested by the City Planning Commission (see minutes of
October 13, 1998) which includes the provision that pot-bellied pigs be kept on a cement surface. At the
meeting of October 13, 1998, the Council adopted Ordinance 5650 which did not contain that provision.
There was, however, first reading of the more stringent ordinance at that meeting with adoption to be
considered at this meeting.
Kelly Moon, 335 N. Twintree, Azusa, CA 91702, Pigs Without Partners. She urged the Council not to
adopt this second ordinance. Being active in rescue, she sees the effects of what living on concrete
daily does to the pigs legs. It is detrimental to their health and results in joint deterioration and
osteoarthritis.
Mayor Daly. Three members of the Council last week voted to adopt Ordinance 5650. The ordinance
under consideration tonight adds some requirements. He asked Council Members Tait and Lopez (who
voted for the previous ordinance along with his yes vote) if they were interested in this ordinance or
content with what is already on the books.
Council Member Tait. He feels the ordinance passed last week is adequate. He would suggest that they
give it a try and if it creates a problem, they could revisit the issue. He believes there are ample
restrictions to assure that pot-bellied pigs do not become a nuisance to the neighbors.
Mayor Daly. Last week, they asked Planning staff to report back in three months and again in six months
to determine if any concerns/problems arise.
Council Member Tait. He based his decision on his question to the Code Enforcement Manager last
week as to how many complaints had been received in this regard in the last five years and he reported
one, maybe two. It is not a major complaint item in the City.
Mayor Daly. He has no interest in proceeding to adopt the proposed ordinance (with revisions suggested
by the Planning Commission). He asked what action is necessary; City Attorney White stated it would
require an action to remove the ordinance from the agenda with no further action to be taken.
MOTION. Mayor Daly moved that proposed Ordinance No. 5652 be removed from the agenda (not
adopted) and that no further action be taken with regard to this ordinance. Council Member Lopez
seconded the motion. MOTION CARRIED.
B15.179: ORDINANCE NO. 5653 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 98-99-04 located at 1500 South Douglass Road (Arena Corporate Center)
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
from the RS-A-43,000 zone to the CO zone. (Introduced at the meeting of October 13, 1998,
Item B4.)
Mayor Daly offered Ordinance No. 5653 for adoption.
ORDINANCE NO. 5653 AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING TITLE 18 TO REZONE PROPERTY UNDER
RECLASSIFICATION NO. 98-99-04 LOCATED AT 1500 SOUTH
DOUGLASS ROAD (ARENA CORPORATE CENTER) FROM THE RS-A-
43,000 ZONE TO THE CO ZONE.
Roll Call Vote on Ordinance No. 5653 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5653 duly passed and adopted.
PUBLIC HEARING - ABANDONMENT NO. 98-13A:
D1.176:
To consider a partial abandonment of a hiking and equestrian trail easement located at 7585
Martella Lane (Abandonment No. 98-13A).
At their meeting held September 22, 1998, Item A6, the Anaheim City Council adopted
Resolution No. 98R-193 declaring its intention to vacate certain public streets, highways and
service easements, and to consider a partial abandonment of a hiking and equestrian trail
easement located at 7585 Martella Lane (Abandonment No. 98-13A).
REQUESTED BY: Don and Charlene Stolo, 7585 Martella Lane, Anaheim, CA 92807
Report of the City Engineer dated September 22, 1998 was submitted recommending approval of said
abandonment.
Natalie Armas, Civil Engineer/Public Works. The trail easement was dedicated by the property owner at
the time of development of the property. The City since then has revised the alignment of the trail and it
is no longer required. She clarified for Council Member Zemel that they are not abandoning the trail
system, just realigning it. She also answered questions posed by Council Member Tait for purposes of
clarification.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak.
Jerry Goldstein. He represents Karen and Michael Lapsowitch who are the present owners of the
property. He is present to respond to any possible negative comments or to answer any questions.
Ray Currie, 7550 Martella Lane, Anaheim. He is present to support the abandonment of this easement.
Mayor Daly closed the Public Hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion By Mayor Daly,
seconded by Council Member Zemel, the City Council determined that the proposed activity falls within
the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Environmental Impact Report and is, therefore, Categorically Exempt from the requirement to file an
EIR. MOTION CARRIED.
Mayor Daly offered Resolution No. 98R-232 for adoption. Refer to Resolution Book.
RESOLUTION NO. 98R-232: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM TO CONSIDER A PARTIAL ABANDONMENT
OF A HIKING AND EQUESTRIAN TRAIL EASEMENT LOCATED AT 7585
MARTELLA LANE (ABANDONMENT NO. 98-13A).
Roll Call Vote on Resolution No. 98R-232 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-232 duly passed and adopted.
PUBLIC HEARING - ABANDONMENT NO. 98-10A:
D2.176:
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).
At their meeting held September 22, 1998, Item A7, the Anaheim City Council adopted
Resolution No. 98R-194 declaring its intention to vacate certain public streets, highways and
service easements, and 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).
REQUESTED BY: Anaheim Redevelopment Agency
Report of the City Engineer dated September 22, 1998 was submitted recommending approval of said
abandonment.
Natalie Armas, Civil Engineer, Public Works. The easements are in the First World development area
that Redevelopment is working on. Part is the landscaped areas that come into the property being
realigned. New dedication is being made for street widening and a sewer line that crosses that property
that is being realigned with the development, so the easement is being abandoned.
Mayor Daly opened the Public Hearing and asked if anyone wished to speak; there being no response,
he closed the Public Hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION
: On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council determined that the proposed activity fall within
the definition of Section 3.01 Class 5, 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.
Mayor Daly offered Resolution No. 98R-233 for adoption. Refer to Resolution Book.
RESOLUTION NO. 98R-233: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM 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).
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Roll Call Vote on Resolution No. 98R-233 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-233 duly passed and adopted.
Council Member Tait. His firm represents both Mobil Oil and Thrifty Oil. He will, therefore, be
abstaining from any discussion or decision on the following Public Hearings, Item D3. and D4. Council
Member Tait left the Council Chamber temporarily (6:32 P.M.).
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3841, AND NEGATIVE
D3:179:
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.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - October 8, 1998
Mailing to property owners within 300 feet - October 6, 1998
Posting of property - October 9, 1998
Staff Input: See Staff Report to the Planning Commission dated September 14, 1998.
Mayor Daly asked to hear from staff to briefly summarize the request.
Cheryl Flores, Senior Planner briefed the subject staff report noting that the applicant is requesting (1)
approval of a Conditional Use Permit to permit the retail sales of beer and wine for off-premises
consumption in conjunctioin with a previously-approved service station with a 2,916 square foot
convenience market and (2) a Determination of Public Convenience or Necessity for such sales. In
concluding, she stated that Planning and Community Development staff continue to recommend denial
but if the Council does approve the request, that the conditions identified in Memorandum dated
September 9, 1998 from the Police Department be applied.
Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant’s agent.
Applicant’s Statement: Mr. Shane Shaw, President, Growth Management Company, 3820 E. LaPalma
Avenue, Anaheim, CA 92807. The project was before the Council about 1 1/2 years ago. The CUP has
been approved with the exception of beer and wine. On September 9, 1997, CUP 3932 located at 1201
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
S. Brookhurst, the ARCO station just across the street was approved for beer and wine. His client has
worked hard and is a very successful businessman in the City. The population (in the Census Tract) is
4,075 and there is only one license in the tract. There is a public need and necessity to have the
requested beer and wine license for the project. The crime rate in the reporting area is 23% above
average whereas in two other locations in February and June, 1997 where the crime rate was 139% and
62% above average respectively, beer and wine licenses were approved.
He continued that, having this station on the corner (southeast corner of Ball and Brookhurst) enhances
the area. It is well lit and creates an area that people can buy products and walk around with no problem
because now it is a safe area. Although the Redevelopment Agency recommends denial, their business
is one that fulfills policies as set forth by the Agency which he read. Item No. 6, Is the only thing they
need from the City. “The assistance to and encouragement of the owner business and public agency
cooperation.” They need that cooperation from the City. They are not present asking for any favors.
The crime rate in the area is low. He further contended that beer and wine has little to do with the crime
rate. All they are asking for is a fair chance to compete.
Council Member Zemel asked if there is a possibility of the applicant buying an existing beer and wine
license from a business in the local area/census tract; Shane Shaw. He does not think so. They did not
look into that aspect. Three licenses are allowed and only one exists and he thought they did not need to
go and buy something. The one existing is at 1725 S. Brookhurst but he does not know the name. Other
businesses are selling beer and wine and liquor. Theirs would be Type 20 off-sale and there is only one
available in the area.
Joel Fick, Planning Director stated that one is at 2181 W. Katella which is the 10-4 Liquor Store. The
cross streets are Brookhurst and Katella.
Tom Engle, Investigator, Police Department then confirmed for the Council that there was a store behind
the subject location that used to sell alcohol and that was Wolfy’s; however, the license is no longer
there. When the business closed, after a year, ABC revoked the license. At one time, there was a new
applicant who made an application, but subsequently cancelled his lease and the business remained
closed. At this time, there is an ethnic food store at the location and they declined beer and wine.
After additional discussion and questioning of Investigator Engle relative to crime statistics, etc., Mayor
Daly noted memo dated September 14, 1998 from Redevelopment staff suggesting that if beer and wine
is allowed at the subject location, that staff suggests asking the service station developer to add more
landscaping to the Brookhurst Corridor. He asked for clarification.
Lisa Stipkovich, Executive Director of Community Development. Relative to that memo, she clarified
first that Redevelopment staff is not recommending approval; however, there is the Brookhurst Corridor
Street Plan Program they would like to see implemented. It does not mean to imply there would be any
relationship between the two.
Mayor Daly asked if there was a legal way to trade beer for trees; City Attorney White. There needs to
be a legal nexus between the request for the action the applicant is proposing. Beer and trees do not
mix. If the applicant were to stipulate to such an arrangement, it could be added as a condition.
Mayor Daly then asked to hear from additional speakers in favor of the request; there was no response.
He then asked to hear from those in opposition.
Esther Wallace, Scott Lane, Anaheim, Chairman of WAND (West Anaheim Neighborhood Development
Council). A letter was sent stating they are not in favor. She spoke before the Planning Commission
against this license when it was last asked for and also spoke against the license in 1997 against ARCO.
A new term being used is off-site sales. When they spoke last time, they found there were nine liquor
licenses within 1/2 miles of this site and there were 40 licenses on Brookhurst. They also found there
were four licenses in this tract and only two were allowed. She is confused when the report is that there
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
is only one license and three are allowed. There was one ABC license that lay dormant for several
years. There are known gangs in this area. They never did get the records for the unincorporated area
which is behind the ARCO station because the County does not keep statistics on crime. It is known that
is a high crime area. She is wondering which statistics were used this time to lower it to the current
percentage. They were against having another liquor license then and against it now. Forty licenses on
Brookhurst is excessive. ARCO has one and they are apparently not using it. WAND does not want a
liquor license there at all.
Patricia Cotter, Member of WAND and West Anaheim Better Business and Concerned Citizens. She has
been a teacher for 30 years. She would like to know why the City even approved a liquor license for the
ARCO station. As a teacher, she does not want any beer or wine or any alcoholic beverages around the
school where children go. She strongly believes in property rights but wishes Anaheim would be pro-
active and let people know they do not want this especially in West Anaheim. To approve this would be
going in the opposite direction. She strongly urged the Council to consider the people who live in the
area.
Summation by Applicant: Shane Shaw. The property was vacant for almost eight years. They are
bringing a well lighted and designed project to that corner. It is in the Redevelopment corridor. They did
not ask for any assistance. The owner spent 1.5 million dollars of his own money on the project. It will
enhance that corner and is a project that the City will be proud of.
Mayor Daly closed the Public Hearing.
Mayor Daly. The service station is under construction and this item is simply a request for beer and wine
previously denied by the Planning Commission.
Council Member Zemel. Back in 1996 when the project came to them, there was an eyesore on that
corner. It was a fenced-up gas station with homeless people and transients living in it, drug deals going
on and a liquor store behind it in the process of changing. At that time, he and Council Member
Feldhaus supported the request for beer and wine taking the position that in order to expect this company
to come in with a brand-new building and development, they had to afford them the opportunity to get a
return on their investment. The beer and wine was not approved. However, the development proceeded
without beer and wine. He is going to have difficulty supporting the request at this time because the
project is under way without it. At the time, for him it was a tradeoff to “fix” that portion of Brookhurst.
Council Member McCracken. Perhaps staff can clarify the numbers that have been reported -- Mrs.
Wallace is talking about 40 licenses whereas staff indicates there is currently one license (in the census
tract).
Investigator Engle. It is a different reporting district and census tract; therefore, the crime rates would be
different. The numbers Mrs. Wallace gave include all the licenses on Brookhurst Street.
Mayor Daly. The Council has heard from nearby community leaders who have consistently opposed
beer and wine at this location. As was pointed out, at least two Council Member (Lopez/Daly) two years
ago opposed the original request. He does not think the circumstances have changed. Staff is
recommending against the request and the community leaders are also against it. It is good to see the
project moving forward but he does not think beer and wine is called for at this site.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council approved the Negative Declaration upon finding
that it 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 no substantial evidence that the project will have a significant effect on the environment.. Counci
Member Tait was temporarily absent. MOTION CARRIED
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Mayor Daly offered Resolution No. 98R-234 and 98R-235 for adoption denying CUP No. 3841 and also
denying Determination of Public Convenience or Necessity No. 98-05. Refer to Resolution Book
RESOLUTION NO. 98R-234: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
3841.
RESOLUTION NO. 98R-235: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF THE CITY OF ANAHEIM DENYING DETERMINATION
OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-05.
Roll Call Vote on Resolution No. 98R-234 and 98R-235, for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution Nos. 98R-234 and 98R-235, duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2973 AND NEGATIVE
D4.
DECLARATION:
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
service station convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
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 abstained).
Negative Declaration previously approved.
Informational item at the meeting of September 22, 1998, Item B9.
Letter of appeal submitted by the agent, David A. Rose III.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - October 8, 1998
Mailing to property owners within 300 feet - October 6, 1998
Posting of property - October 9, 1998
STAFF INPUT: See Staff report to the Planning Commission dated September 14, 1998.
Mayor Daly asked to hear from staff to briefly summarize the request.
Cheryl Flores, Senior Planner briefed the subject staff report. The petitioner requests consideration of
reinstatement of this permit which currently contains a time limitation (until July 22, 1998) to permit the
retail sales of beer and wine for off-premises consumption within an existing service station/convenience
market. On July 22, 1997, the City Council approved a request to permit such sales and Determination
19
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
of Public Convenience or Necessity No. 97-06 until July 22, 1998 following Planning Commission
approval. The approval was to terminate on July 22, 1998 if the applicant had not purchased an existing
active and operating ABC license within the same census tract prior to that date. She also reported that
the census tract allows two licenses and there are six existing. WAND and the Magnolia School District
are opposed to the request. Staff continues to recommend denial on the basis of the high crime rate and
the reporting district has more licenses than allowed within the census tract which already serves the
public convenience and necessity.
Council Member McCracken. The comment was made that now if a business buys a license that the
business that sells the license has 90 days and the ABC will automatically give them another license.
She asked if there was any way they could modify that situation.
City Attorney White. They recently found that information out as well. Staff has gotten together and
thought about the problem and how to resolve it. The recommendation is that, should the Council desire
to permit this particular ABC license, that a condition could be added that would require that the sale
agreement between the current owner of the license and this particular applicant at the time they
transferred the ABC license contain a provision that prohibits the seller from applying for an additional
ABC license within that statutory 90-day period. The City would then be in a position as a third party
beneficiary to enforce that provision should the seller attempt to obtain a license from ABC as well as to
assert that condition to ABC as grounds to deny. That would be the recommendation in this case or
future cases should the Council desire to impose this type of condition where there is a requirement to
purchase an existing license. That will help close the loophole.
Mayor Daly asked to hear from the applicant or applicant’s agent.
Applicant’s Statement: David Rose III, Regents Group 3870 LaSierra, Ste. 193, Riverside. They are
proposing to keep the sttus quo and buy an existing license. Extensive comments were made by Mr.
Rose summarized as follows which outlines the major issues: In 1997, they voluntarily came up with the
idea of buying existing licenses. There are five existing (in the census tract) -- two beer and wine and
three spirits. One license is pending. Relative to aesthetic issues, they met with staff and voluntarily are
willing to provide a minimum of nine, 15-gallon trees on Magnolia. In his letter previously submitted, he
explained the downsizing Thrifty has gone through whereas they had eight stations in Anaheim and
seven are now ARCO stations. They currently have 21 stations operating in the City. Six operate with
beer and wine, a variety of PSI or ARCO corporate stations or franchisee stations. Relative to the
dramatic increase in the crime reporting district from 20% to 85%, across the street 112% to 270% above
average. He took the liberty this morning of obtaining crime statistics for their district (#1718). From
1/1/98 to 10/15/98 there were 834 calls. Of that 11% directly related to alcohol or drunk driving - 1.3%
were directly related to alcohol. Although there is a substantial increase in crime in the area, there is an
incremental 1.3% maximum, .5% minimum involving alcohol. They also had a license in escrow. They
were all the way through and were told by ABC at the last second that the license was in the census tract
across the street. He thereupon submitted a copy of a FAX from ABC “The ABC made a mistake on the
census tract info for the seller. It does appear that the license you are buying isn in the same census
tract.” They are ready to go. ARCO is definitely interested in improving the site aesthetics including the
trees. They are not asking for anything additional, but a retroactive time extension. The agenda states
April 28, 1998 is when it expired but it should be July 22, 1998. They are asking for a one-year
retroactive extension of time from July 22, 1998 to July 22, 1999 and are in negotiations at the present
time. Relative to the “loophole” they have no problem with voluntarily accepting the recommendation
that upon transfer, they have a contractual obligation between the buyer and seller and are willing to let
the City Attorney review that or help them in the drafting of the resolution. They are willing to have Mr.
White review that.
Mayor Daly. What the applicant is asking for is simply an extension on the arrangement previously
approved whereby they can have beer and wine if they acquire an existing license specifically from the
actual census tract.
20
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
David Rose. They are also asking for type 20 which is off-sale beer and wine. They are willing to have it
downgraded to a 20 instead of a Type 21. In this district, that are two Type 20’s and three Type 21’s. If
they are only able to purchase Type 21, they will voluntarily, as a condition of approval, have it
downgraded to a Type 20 (beer and wine only).
Eric Cahn, ARCO, 4 Starpoint Drive, LaPalma. He clarified they are merely asking for a one-year
extension for an already approved CUP to allow more time to buy out an existing beer and wine license.
The reasons given to deny is there are too many locations that already sell beer and wine and increased
crime. The reasons do not make sense to him. If an existing license is bought, the number of sites does
not increase and consequently will not cause a negative impact on crime. It will, in fact, improve the
situation by replacing an old, poorly-run site with an AM/PM that has significant crime-prevention
measures upon which he elaborated. Relative to the issues regarding drunk driving, he has worked with
the MADD organization and ARCO has received commendations from them noting that their efforts
against drunk driving are commendable and also noting a survey done by MADD to determine where
drunk drivers came from. The percentage from mini markets was 100th of a percent. He suggested if
they want to deal with drunk driving, they should focus on the target and not on the peripheral issues.
Mayor Daly asked to hear from anyone else present in favor; there were no additional speakers. He then
asked to hear from those in opposition.
Esther Wallace, representative of WAND. She lives very close to this particular service station. It has
always done a good business because it has some of the cheapest prices around. They also have a
convenience store. She questioned who they are buying the license from. Is it one that doesn’t run an
operation as good as his. Apparently he does not have it yet. She would like to know whether the person
who sells the license will be able to get one also. The service station is in a residential area. Magnolia
Elementary School is 1/4 mile down the street which is a year-round school and next to that is a park.
She knows that the crime rate has gone up in the area across from the service station. She would like to
know how Mr. Cahn was able to get statistics from the Police. She has been trying to get those since the
September 22nd meeting but has not received them yet. She has heard from people on Lincoln there
are a lot of drugs and drinking going on. She assumes a majority of the crime is on Lincoln between
Magnolia and Dale. They still do not want any more liquor licenses. She would like to know where the
license he is buying is going to come from and then go from there.
Mayor Daly asked if assurance can be obtained with 100% certainty, swapping of one license for
another, is that acceptable; Mrs. Wallace answered the School District does not want that liquor license
there in any case.
City Attorney White then explained for the Council and the public, from a procedural standpoint, a year
ago when the application came before the Council, the Council did make the finding of Public
Convenience and Necessity to allow the applicant to obtain a Type 20 license for the location. What is
before the Council tonight is a request to extend the time that has expired. A condition of the CUP
required that a substitute license be obtained within the one-year period. They are asking to extend that
for another year.
Mayor Daly. The Council previously made a finding that beer and wine was acceptable at the location
dependent upon the applicant arranging to reduce a beer and wine permit elsewhere in the
neighborhood. He asked if this wasn’t simply a request for a retroactive extension of time.
City Attorney White. It is amending Condition 32 of the existing CUP to add additional time
retroactively.
Mayor Daly. He surmised that it gives the applicant an additional year - from July, 1998 to July, 1999 -
to do what is required and no other change; City Attorney White answered that was correct. He also
clarified that the date indicated on the agenda, April 28, 1998, is not correct and he does not know where
that date came from.
21
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Patricia Cotter. She repeats everything she said previously (see testimony she gave under Item D 3.)
regarding the permit that was the subject of that Public Hearing. To Mr. Rose and Cahn, she appreciates
the time they have taken coming to the meeting, but they do not live in Anaheim. Those who live in the
City and the area have a vested interest in the community. She does not know how many permits are
allowed and does not care. Her concern is to reduce what they have. She is even more opposed to this
request because she teaches at the school which is within walking distance. They do not want to attract
the kinds of people who want to cause trouble. She recommends the City be proactive and vote as if
they were living in the neighborhood.
Bob Brislow, Manager, 7-11 store, 240 S. Magnolia, Anaheim 92803, home, 800 Roxbury Drive,
Fullerton 92833. He has been servicing the community at that location for 14 years. They have a very
strict policy regarding selling (alcohol) to minors. He takes personal responsibility for what goes on in the
store. He is there 10 hours a day. He knows most of his customers by name. The situation will not be
the same at the subject location. He clarified for the Mayor he is speaking against the request on behalf
of 7-11. The Magnolia School District is also opposed and the Police Department. He took issue with
some of the statistics reported by Mr. Cahn relative to alcohol consumption and its impact on crime.
Council Member Zemel asked if he would be willing to give up his alcohol permit and also if he would
consider Thrifty Oil to be in competition; Mr. Brislow answered that the difference is he takes personal
responsibility for what happens in his store as well as his clerks. He is also not scared of competition.
Summation by Applicant: David Rose. He first stated he would be more than happy to give Mrs.
Wallace documents he got from the Police Department today. He understands the vested interests of
Anaheim since, although he lives in Riverside, he spends and has spent a great deal of time in the City.
This is not a license Thrifty will be obtaining but leased under the name of Prestige, Inc. Prestige and
Thrifty are classified as P12, a designation given by ABC to those organizations or institutions who have
a substantial amount of licenses in California. ARCO as a corporation has both its reputation and
licenses on the line on a daily basis. One of the conditions they are voluntarily willing to accept that
Council adopted a year ago is condition No. 27 that says sales of beer and wine will shall only be
permitted between 8:00 a.m. and 11:00 p.m. The State disallows sale of beer and wine between 2:00
a.m. and 6:00 a.m. They voluntarily gave up five hours of business (selling beer and wine) because
they are concerned. They do have a vested interest in Anaheim. They have 21 stations in the City.
This is not a new license but an additional license that would maintain the status quo.
A line of questions was then posed by Council Member Zemel answered by both Mr. Rose and
Investigator Engle relative to the differences between a Type 20 and 21 license, the name(s) of possible
sellers of a license in the area, the (Police Department) experience with those businesses, if any,
conditions proposed, etc. At the conclusion, Mayor Daly stated that Council Member Lopez has
consistently opposed such licenses, he (Daly) has supported some and opposed others. He has
generally supported them when they are conditioned to purchase an existing beer and wine license in the
same neighborhood so there is no net gain in alcohol sales and there are actually tighter restrictions. To
be consistent, since he supported the request two years ago, he will be supporting it again with all the
requirements and conditions suggested by the Police Department and Planning staff -- that the applicant
has to obtain an existing beer and wine license from the neighborhood; Council Member Zemel stated,
including the condition that the business owner or property owner could not then get another license.
Mayor Daly asked the City Attorney if that could be secured; City Attorney White. The recommendation
from staff is that the condition that grants the one year extension also would contain language that would
provide that the agreement between the seller of the liquor license and this applicant as purchaser would
contain a prohibition on the seller against obtaining another license in the reporting district within the 90-
day statutory period and that the City be placed in a position as a third party beneficiary to that
agreement to enforce that prohibition. He believes the City would be in a position to preclude the seller
doing what he could otherwise do by law which is applying for and obtaining another license.
22
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
David Rose. That would not be a problem and if the City Attorney’s office desires purview over that
contract before it is done, they have no problem with that as well.
Mayor Daly posed a theoretical question relative to the business that sells the license in future years
wanting to go back into the liquor business what would happen then; Joel Fick, Planning Director
explained that they would be looking for the property owner to request termination of the other CUP if
there is one that relates to another liquor license.
Mr. Rose stated they would have no problem with that condition either.
Council Member Lopez. He asked if there was any recent crime or problem attributed to the business
where the Police had to be called out for any reason; Investigator Engle answered no. There was
nothing he had any information on.
Council Member Lopez. He is going to change the way he normally votes on such requests noting that it
has been a good business and they have been good neighbors.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION:
On motion by Council Member
Zemel, seconded by Council Member McCracken, the City Council approved the Negative Declaration
upon finding that it 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 no substantial evidence that the project will have a significant effect on the environment.
Council Member Tait temporarily absent/abstained. MOTION CARRIED.
Council Member Zemel offered Resolution No. 98R-236 for adoption approving a retroactive extension
of time - July 22, 1998 to July 22, 1999 - amending Condition 32 of the existing CUP to add additional
time retroactively extending the time the applicant has to purchase an existing and active ABC license
within the same census tract (to July 22, 1999), including the additional conditions articulated and
stipulated to. Refer to Resolution Book.
RESOLUTION NO. 98R-236: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2973.
Roll Call Vote on Resolution No. 98R-236 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES:MAYOR/COUNCIL MEMBERS: None
ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
The Mayor declared Resolution No. 98R-236 duly passed and adopted.
Mayor Daly. His support is based on the fact that this is a step in the right direction and the use will be
more tightly regulated; Council Member Lopez stated, he agrees.
Council Member Tait entered the Council Chamber (7:54).
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D5.179:
CONDITIONAL USE PERMIT NO. 4044, AND NEGATIVE DECLARATION:
OWNER:
DBW Ventures, Inc., Attn: David Williams, 3250 E. Frontera Rd., Anaheim, CA
92806
23
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
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.
Informational item at the meeting of September 22, 1998, Item B7.
Review of the Planning Commission’s decision requested by Mayor Daly and Council Member
Lopez.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - October 8, 1998
Mailing to property owners within 300 feet - October 6, 1998
Posting of property - October 9, 1998
Mayor Daly. He would like to lay out what his concerns have been regarding this request and his
reasons for asking for a Public Hearing. He did have an opportunity to explain his reasons to the
applicant as well. The concerns are the same he expressed three years ago when a Master Plan for the
area was brought forward by City staff for the entire neighborhood. At the time, he expressed support for
a new approach to the area and he was outvoted. His concerns are: (1) The property should not be
industrial. Taking steps to add more industrial uses along the 91 Freeway corridor will not be good for
property values in the area. Neighborhoods nearby are not well served by industrial. (2) If the City
continues to allow industrial uses, the property owner should clean up the appearance of the property.
The proposed property as well as the adjacent industrial property. In particular, the signs are not up to
the standards they should be setting City wide. Those are his reasons for asking for the hearing. He
asked for a brief staff report outlining the request.
Cheryl Flores, Senior Planner. She briefed the Staff report to the Planning Commission dated August
31, 1998 which gave the specifics of the request to permit a steel storage yard with two accessory
temporary modular buildings with waiver of the minimum landscaped setback adjacent to a freeway (30’
required, 15’ proposed). Staff recommends approval of the proposal.
Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant’s agent.
Applicant’s Statement: Phil Anthony representing the property owner and applicant, 14101 LaPat Place,
Westminster. The Staff Report both oral and written describes the project clearly. The subject is an
interesting piece of property of 16 acres with freeway frontage but with serious drawbacks. He has
worked with Redevelopment staff for years on behalf of the owners of the land to try to find an ideal use.
They have not been successful and will continue to try. The proposal is a good interim, temporary use.
It is low intensity with no permanent structures. It also has the advantage of taking a compatible use with
the rail line which was originally constructed to take the scrap steel from the adjacent recycling center out
to a steel mill and also has the advantage of removing a lot of truck traffic from the streets. The only use
will be to put the new steel on the ground on top of the slag temporarily until it can be trucked to the end
user. There are no neighbors and it is buffered by the freeway, the existing railroad line, the river and
existing industrial. The zoning would allow for freeway compatible commercial. In the meantime, this
use is entirely allowed by the General Plan and the zoning with a use permit. They are proposing no
permanent buildings necessitating the CUP. If permanent buildings, it would probably be allowed without
a CUP. It is a straight-forward use of low intensity for a three-year period. This has been vacant land for
some time. They are in the process of putting in very intensive landscaping to totally screen it from the
freeway. They have installed a berm. Along most of that freeway frontage there is an existing freeway
24
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
solid wall 3 1/2’ to 4’ high. They have managed to have a berm designed behind that wall so the
landscaping is high enough to screen the activity on the site and yet have the landscaping visible from
the freeway. He will be pleased to answer any questions.
Mayor Daly. As he has stated, he has had a disagreement about the underlying planning and zoning of
these properties since the Council decision three years ago. The second subject was trying to improve
the appearance of the related business next door which are working in tandem. He asked if there was
any desire or interest in trying to improve the appearance of the recycling facility next door in terms of
the signage, noting that there are a couple of billboard type signs in place with various depictions.
Phil Anthony. That is a separate matter. They had been working with staff informally for several years
for improving those signs. They actually submitted an alternative sign a couple of years ago and it did
not get a positive reaction. He believes the topic is still open but not properly a part of the application
tonight. There is no doubt that the sign with the young lady on it has been a point of contention for some
time. It is an entirely separate business.
Mayor Daly. He realizes in a strictly legal sense there are separate permits and separate conditions but
certainly a package in terms of appearance for the citizens, i.e., the appearance of the Riverside
Freeway corridor.
Since there were no additional speakers in favor or against, Mayor Daly closed the Public Hearing.
Mayor Daly. He believes this is an important section of the City in terms of its future and he has a
fundamental disagreement with the direction it is going. He continues to disagree relative to the uses in
this area.
Council Member Lopez. He respects the Mayor’s concerns and that is the reason he seconded the
request to set the matter for a Public Hearing. He went out to the property last week and was greatly
surprised by what he saw since he had not been on the property for about four years. He was pleased
with the improvement that has taken place at that location. On the north of the property is the 91
freeway, to the south, the Santa Ana River, on the east, the railroad tracks and to the west, the existing
business (Adams Steel/Recycling). He also inspected that site (Adams site) and noted that the big
mound of metal waste that Mr. Adams made a commitment to remove was gone. He does not see any
reason not to approve the subject request and he is in support.
Council Member McCracken. She passes that property almost every day. It is a former County dump.
This is an interim use and is probably better than any of the interim uses they have allowed in other parts
of the City. There are no permanent buildings proposed and it will be well landscaped. That in itself is
an addition to the freeway frontage. She also sees no reason why the CUP should not be granted.
Council Member Tait. This is zoned industrial and the proposal is a low-impact industrial use. It will
improve the visual appearance of the property, reduces truck traffic and will not have an impact on any
neighbors because there are none. It is a good interim use and he has no objection to it.
Mayor Daly. He will be opposing because he believes there are affected neighbors. There are
residential properties within a few hundred feet and he again reiterated his fundamental disagreement
with the expansion of industrial uses in this section of the City. The City had a “knock-down, drag-out”
three years ago with regard to the adjacent property who is the same owner of the subject property. He
believes it is a step in the wrong direction.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member
Tait, seconded by Council Member Zemel, the City Council approved the Negative Declaration upon
finding that it 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
25
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
that there is no substantial evidence that the project will have a significant effect on the environment.
Mayro Daly voted no. MOTION CARRIED.
Phil Anthony. They will continue working closely with Planning staff and Redevelopment staff to plan the
future of the property.
Council Member Tait offered Resolution No. 98R-237 for adoption. Refer to Resolution Book.
RESOLUTION NO. 98R-237: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4044.
Roll Call Vote on Resolution No. 98R-237 for adoption:
AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez
NOES:MAYOR/COUNCIL MEMBERS: Daly
ABSENT:MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 98R-237 duly passed and adopted.
DISCUSSION REGARDING POSSIBLE CANCELLATION OF THE COUNCIL MEETING OF
C1. 114:
NOVEMBER 3, 1998:
Discussion requested by Council Member Tait at the meeting of October 13,
1998, Item C3, regarding the possibility of cancelling the Council meeting scheduled on November 3,
1998, Election Night.
Council Member Tait. His sense is there isn’t unanimous agreement to cancel the meeting of November
3, 1998. He will, therefore, withdraw this item.
Council Member Lopez stated he would like to cancel it; Mayor Daly suggested a compromise. Because
the Council is meeting only twice in November, he asked the City Manager to try to streamline the
agenda for November 3.
City Clerk Sohl stated that thus far no Public Hearings have been set that date.
Council Member Zemel. No matter how it is streamlined, it will affect activities that will be taking place
after 8:00 p.m. on that date.
Council Member Tait. He suggested that there be no meeting to accommodate those who are running in
the elections but perhaps if they can keep to a light agenda that will be acceptable.
Council Member Zemel stated if they could press the issue, he thinks it is very wise not to have a
meeting that date. He would like to be focused on the business at hand.
Mayor Daly. He believes the Council has generally met on election days in the past. It is important to
press forward with City business and not have the election interfere.
Additional discussion took place on the issue between Council Members at the conclusion of which
Council Member Tait suggested that the meeting be scheduled and he will withdraw his request.
It was determined that a Council Meeting will be held on Tuesday, November 3, 1998.
REPORT ON CLOSED SESSION ACTIONS:
C2. 112:
26
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Mayor Daly asked if they need to take action to continue administrative performance reviews; City
Attorney White suggested a motion to that effect.
MOTION. Mayor Daly moved to continue the annual performance review of the four Council appointees
- City Manager, City Attorney, City Treasurer, City Clerk - for one week to 10/27/98. Council Member
Tait seconded the motion. MOTION CARRIED.
City Attorney White stated there were no other actions to report from Closed Session.
COUNCIL COMMENTS:
C3. 114:
Council Member Zemel. He submitted a proposed Proclamation noting the 30th Anniversary Celebration
of Feedback Foundation that he would like to Council to approve so that it can be presented at the
Foundation’s celebration on Friday, October 23, 1998. It will require a 4/5’s vote of the Council to place
this item on the agenda due to its urgency.
Council discussion followed as to the reasons why this Proclamation was not brought to the Council and
acted upon in the usual manner, if the Council Members had received invitations to the affair, etc., at the
conclusion of which it was determined that the Proclamation would be prepared; however, it would
require specific action.
MOTION. Council Member Zemel moved to waive the 72-hr. posting provision of the Brown Act noting
that the need to act arose after the agenda was posted and the Council will not be meeting again before
the 30th Anniversary of the Feedback Foundation. Council Member Tait seconded the motion. MOTION
CARRIED.
MOTION. Council Member Zemel moved that the Council direct City staff to prepare a Proclamation to
be signed by Friday acknowledging the 30th Anniversary of Feedback Foundation and commending
them for the services they provide to the seniors of Anaheim and Orange County. Council Member Tait
seconded the motion. MOTION CARRIED.
* * * * * * * * * * * * * * * * * * * * *
Council Member Zemel. Relative to the Anaheim Resort Neighborhood Improvement, as he recalls,
there was some $20 million at the end of the program where about $3 million would be taken out for
emergency equipment to be used for the Fire Department for cave-ins or the like.
City Manager Ruth. He believes it was approximately $20 million but a lot of that was allocated for
special projects. He asked the Deputy City Manager to address the question.
Tom Wood, Deputy City Manager. There was money in the bond documents for triage equipment for
heavy rescue and he believes it was less than $900,0000 for two pieces of equipment that were included
as part of the EIR mitigation measures.
Council Member Zemel. He feels they would have more use for that equipment now during the
construction phase than after. He is wondering if it makes more sense to access that money now and
make those purchases ahead of time to give Firefighters those tools.
City Manager Ruth. They will check back with the (Fire) Chief and come back with a report.
* * * * * * * * * * * * * * * * * * *
Council Member McCracken. She referrred to a recent article in the Register wherein it was reported
that Anaheim is ranked as the second best place in California to expand or relocate a business,
outranked only by the City of San Francisco. It is a fact to celebrate.
27
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 20, 1998
Mayor Daly. He emphasized as reported by Mrs. McCracken, a state-wide survey selected Anaheim as
the second best city in California to locate or expand a business. It is the top city in Orange County.
* * * * * * * * * * * * * * * * * * * *
Mayor Daly. He would like scheduled on next week’s agenda a discussion on a proposed new home for
abused children and abused women for Anaheim. He will bring details forward at that time.
ADJOURNMENT: By general Council consent, the Council Meeting of October 20, 1998 was adjourned
(8:22 P.M.).
LEONORA N. SOHL
CITY CLERK
28