1999/11/02ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
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:
PRESENT: CITY MANAGER : Jim Ruth
CITY ATTORNEY : Jack White
CITY CLERK : Sheryll Schroeder
ASST. CITY CLERK : Ann Sauvageau
ZONING ADMINISTRATOR : Annika Santalahti
PLANNING DIRECTOR : Joel Fick
ZO NING DIVISION MANAGER : Greg Hastings
TRAFFIC/TRANSPORTATION MANAGER : John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:10 p.m. on
October 29, 1999 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 3:00 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
: Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone
Company, et al., Orange County Superior Court Case No. 77-30-74, (and related cases).
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) – Anticipated Litigation:
Number of potential cases :
one.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
3.
54956.9(a) – Existing Litigation:
Name of case
: City of Huntington Beach v. Orange County Water District, et al., Orange
County Superior Court Case No. 81-59-21.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
4.
54956.9(a) – Existing Litigation:
Name of case :
Delmonico, et al. v. City of Anaheim, et al., Orange County Superior Court
Case No. 70-80-71 (and related actions and cross actions).
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
5.
CODE SECTION 54956.8
Property:
Rancho Del Rio Stables located east of SR 57, west of Phoenix Club Drive, south of
the Phoenix Club and north of the Union Pacific RR right-of-way.
Agency negotiator
: James D. Ruth
Negotiation parties
: City of Anaheim and Robert G. Jones
Under negotiation
: lease renewal and terms
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
6.
Title:
City Manager, City Attorney, City Treasurer, City Clerk
(Public action may be taken on salary adjustments for City Council appointees)
By general consent, the Council recessed into Closed Session.
AFTER RECESS:
Mayor Daly called the regular Council meet ing of November 2, 1999 to order at 5:43 p.m. and
welcomed those in attendance.
INVOCATION: Pastor David Koll, from the Anaheim Christian Reformed Church gave the invocation.
FLAG SALUTE:
Council Member Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag.
PRESENTATION – SERVICE ON THE PLANNING COMMISSION :
Presentation recognizing Alden
Esping for his service on the City Planning Commission.
Mayor Daly acknowledged Mr. Esping’s service on the City’s Planning Commission noting that, although
it was not long, it was during a very active period for the City and Planning Commission when many
major projects were brought forward. He then presented Alden with a Flying “A” Plaque of Appreciation.
Mr. Esping in accepting the recognition stated it was a pleasure to have served on the Commission. He
has never met a finer group of people than the City’s Planning staff as well as staff in the City Attorney’s
Office.
PROCLAMATION :
119: The following Proclamation was authorized by the City Council:
Proclaiming November 7 – 13, 1999 as Key Club Week
The Proclamation was accepted by Sean Arayasirikul, the 1999-2000 President of the Savanna High
School Key Club who also gave the background on the purpose/activities of the Key Clubs in Anaheim
which are sponsored by the Kiwanis Club of Greater Anaheim and Kiwanis International.
SPECIAL PRESENTATION:
Mayor Daly introduced Mr. Bill Spehn, a long-time member of the Kiwanis Club, who was present to
make a presentation to Mayor Pro Tem, Shirley McCracken, also a member of the Club.
Mr. Bill Spehn . As Honorary Past President of the Kiwanis Club, it is his privilege to award the first
Sponsored Youth Award to Mrs. McCracken who has been instrumental in assisting the City’s seven Key
Clubs to the point that Kiwanis developed a new level of recognition. He thereupon presented the award
to Mrs. McCracken.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $2,443,987.17 for the period ending
November 2, 1999, in accordance with the 1999-2000 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. (5:59
p.m.).
Mayor Daly reconvened the City Council meeting. (6:00 p.m.).
ADDITIONS TO THE AGENDA:
There were no additions to agend a items.
ITEMS OF PUBLIC INTEREST:
Linda Lee Grau , 24 Morning Dove, Irvine. Give Savas Roditis his 100 cabs. She also asked that the
makeup of the Ad Hoc Committee set up to discuss Tax Cab Service in the City be changed.
* * * * * * * * * * * * * * * * * * * *
Joe Kung, 5581 Santa Ana Canyon Road, Anaheim. He would like to make a six-minute video tape
presentatioin at the Council Meeting next Tuesday relative to a solution to the traffic problem at Imperial
Highway and Santa Ana Canyon Road. He has a better solution even after the recent street-widening
and intersection improvements.
Mayor Daly. The Council will defer to the professional judgment and analysis of staff regarding the
presentation. He deferred the request to the City Manager’s Office; Council will follow up with the City
Manager.
* * * * * * * * * * * * * * * * *
Savas Roditis , South Coast Cab Company, 10700 W. Katella , Anaheim. Relative to the Ad Hoc
Committee on taxi service, he requested a statement from the consultants hired to do the survey on the
taxi cab industry but has not received it. He would like to pick it up at the City Clerk’s Office. The Ad
Hoc Committee is also going to present to the City Council for their approval recommendations on the
ages of taxi cabs. The OCTA brought up the issue but it is not yet approved requesting that cabs be no
more than 10 years old. Anaheim is saying three years old. OCTA is running busses that are at least 15
years old. He would like to Council to consider the situation since OCTA is in the same business.
PUBLIC COMMENTS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of November 2 , 1999. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A13 :
On motion by Mayor Daly,
seconded by Council Member McCracken, the following items were approved in accordance with the
reports, certifications and recommendations furnished each Council Member and as listed on the
Consent Calendar; Mayor Daly offered Resolutions Nos. 99R-217 through 99R-220 , both inclusive, for
adoption. Mayor Daly offered Ordinance No. 5705 for first reading. Refer to Resolution Book.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
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 Sergio Alvarran for property damage sustained purportedly due to actions
of the City on or about August 15, 1999.
b. Claim submitted by Ju anita D. Clark for property damage sustained purportedly due to
actions of the City on or about September 17, 1999.
c. Claim submitted by Janine Clausen for property damage sustained purportedly due to actions
of the City on or about July 22, 1999.
d. Claim submitted by Ramon Contreras for property damage sustained purportedly due to
actions of the City on or about August 1, 1999.
e. Claim submitted by Stephen A. Nadasdy for property damage sustained purportedly due to
actions of the City on or about September 20, 1999.
f. Claim submitted by Stephen William Swisher for bodily injury sustained purportedly due to
actions of the City on or about October 29, 1998.
g. Claim submitted by WDI Hawaii, Inc. dba Tony Roma’s for property damage sustained
purportedly due to actions of the City on or about July 21, 1999.
h. Claim submitted by Yorba Orange Growers Association for property damage sustaine d
purportedly due to actions of the City on or about July 20, 1999.
A2. 175: Receive and file Notice of revised proposed SoCalGas rate increase, Application No. 99-
05-005.
175: Receive and file Notice of Joint Meeting for El Toro Airport Citizens Advisory Commission
and Orange County Airport Commission, November 3, 1999.
105: Receive and file Anaheim Redevelopment and Housing Commission Special Meeting
Minutes for the September 29, 1999 meeting.
A3. 123: Approve an agreement with ASL Consulting Engineers, Inc. for an amount not to exceed
$854,468 for environmental, public information and design services for the Burlington Northern
Santa Fe Corridor Soundwall Project and authorize the Mayor and City Clerk to execute said
agreement.
Council Member McCracken . The residents living along the Burlington Northern and Santa Fe Railroad
corridor have been waiting for a number of years for a sound wall. This is the first step in the long-
awaited sound wall construction. She assumes they will be receiving a project time line after the design
phase.
Mayor Daly posed questions to staff specifically relative to (1) how the sound wall project ties in with the
proposed Imperial Highway bridge over the railroad tracks and whether there is a relationship from an
engineering-design standpoint and (2) how will this project be impacted by Placentia’s proposal to lower
the railroad tracks for four or five miles to the west of the subject area.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
Russ Maguire , Deputy City Engineer. The lowering of the tracks will start west of Imperial and the sound
wall will be east of Imperial. It starts at Imperial and goes easterly. The City is both now the lead on the
sound wall and also a member of the Planning and Development Team for the grade separation at
Imperial. Both projects are proceeding parallel and in coordination.
After additional discussion/questioning between the Mayor and Mr. Maguire , the Mayor surmised that the
installation of the sound wall at the right-of-way line does not conflict with the lowering of the tracks
further to the east than currently planned and that with either project, the grade separation or lowering of
the tracks, this project is consistent and compatible with both; Mr. Maguire confirmed that was correct
and provides full benefit and even more sound attenation . He also confirmed that Anaheim volunteered
to be the lead on the entire project. There will also be numerous public meetings and public hearings,
some in front of the Council as they progress.
A4. 175: Approve Contract Change Order No. 1, in the amount of $202,450 in favor of Lambco
Engineering, Inc., for the Direct Buried Cable Replacement (Primary & Secondary) and authorize
the Director of Public Works to execute Contract Change Order No. 1 and any related
documents.
A5. 16 9: Approve Contract Change Order No. 1, in the amount of $79,055.90, in favor of Pouk &
Steinle, Inc., for the Imperial Highway street widening and authorize the Director of Public Works
to execute Contract Change Order No. 1 and any related documents.
A6. 176: RESOLUTION NO. 99R- 217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM for the abandonment of an electrical easement located at the southeast corner of
Lincoln Avenue and Brookhurst Street. (Abandonment No. 99-6A). (Suggested public hearing
date: December 14, 1999).
A7. 158: RESOLUTION NO. 99R- 218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties
or interests therein.
A8. 160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a new purchase
order to CommPro, in an amount not to exceed $90,000 for consultation, design, technical
services and site maintenance for the City’s web site.
Mayor Daly. The staff report notes the work to date has been billed at $50/hour. He asked for
clarification that will be the ongoing rate; City Manager Ruth confirmed that was correct and that it is for
12 months.
A9. 137: RESOLUTION NO. 99R- 219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the issuance of not to exceed $9,500,000 aggregate principal amount
of City of Anaheim Community Facilities District No. 1989-3 (The Summit) special tax bonds,
series 1999, approving the execution and delivery of an indenture, an escrow agreement, a bond
purchase agreement and a continuing disclosure agreement and the preparation of an official
statement and other matters related thereto; and
Authorize the City Attorney to direct Orrick, Herrington & Sutcliffe to perform legal services
necessary and authorized under the existing Attorney Agreement for an amount not to exceed
$52,500 for Bond Counsel fees and not to exceed $33,500 for Disclosure Council fees; and
Authorize and direct the Mayor, City Manager, Finance Director and other officers of the City as
the City Manager may designate to do any and all things and to execute and deliver any and all
documents and agreements which any deem necessary to the issuance of the Series 1999
Bonds, including, without limitation, procurement of services and negotiating the terms of the
bond insurance policy.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
A10. 123: Approve an Agreement with the Law Offices of Don H. Zell to perform legal services on
behalf of the City.
A11. 123: Approve an Agreement with the City of La Habra Heights, for the donation of used turnouts
and brush gear equipment for training purposes.
A12. 142: ORDINANCE NO. 5705 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending certain provisions of Chapter 14.60 of Title 14 of the Anaheim Municipal
Code relating to transportation demand management. (Continued from October 26, 1999
meeting, Item A8)
173: RESOLUTION NO. 99R- 220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM to establish facility standards to be met by applicable developments pursuant to
Chapter 14.60.040 and superseding Resolution No. 91R-89.
A13. 184: Approve the amendment to the Disposition and Development Agreement by and between
the City and Redevelopment Agency and B. P. La Palma L. P. and authorize the Agency
Executive Director to execute the amendment and any documents related thereto.
Roll Call Vote on Resolution Nos. 99R-217 through 99R-220, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/CO UNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution Nos. 99R-217 through 99R-220, both inclusive, duly passed and
adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEMS B1 – B13 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 11, 1999 –
INFORMATION ONLY
APPEAL PERIOD ENDS NOVEMBER 2, 1999:
CONDITIONAL USE PERMIT NO. 1629 AND CATEGORICAL EXEMPTION-CLASS 21
B1. 179:
INITIATED BY:
City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim,
CA 92805
OWNER:
Tillie Jones, 512 East Central Park Avenue, Anaheim, CA 92802
AGENT:
Guillermo Ibarra, 1416 North Central Park Avenue, Anaheim, CA 92802
LOCATION: 1416 North Central Park.
Property is 0.38 acres located at the southwest corner
of North Central Park Avenue and East Central Park Avenue (Coffee Break).
To consider revocation or modification of Conditional Use Permit No. 1629 (to permit a
restaurant with sales of beer and wine for on-premises consumption).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 1629 Modified for 1 year, ( PC99-176)
Categorical Exemption concurred with staff to expire 10/11/2000
(6 yes votes, 1 vacant seat).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
CONDITIONAL USE PERMIT NO. 4142 AND CEQA NEGATIVE DECLARATION AND
B2. 179:
WAIVER OF CODE REQUIREMENT:
OWNER:
Karl and Edith Sator, 3150 East La Palma Avenue, Anaheim, CA 92806
AGENT:
O’Neal Communications, Attn: John Murphy, 23141 Verdugo Drive, Suite 105, Laguna
Hills, CA 92653
LOCATION: 3150-3164 East La Palma Avenue.
Property is 6.4 acres located south and east of
the southeast corner of La Palma Avenue and Kraemer Boulevard.
To construct a 60-foot high telecommunications monopalm with waiver of minimum structural
setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4142 GRANTED, in part, for 5 years, to expire 10/11/2004 ( PC99-177) (5 yes votes, 1
declared a conflict of interest, 1 vacant seat)
Denied waiver of code requirement.
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 2334 AND CEQA NEGATIVE DECLARATION AND
B3. 179:
WAIVER OF CODE REQUIREMENT:
OWNER:
California Auto Dealers Exchange, 1920 North Tustin Avenue, Anaheim, CA 92807
AGENT:
O’Dell McKinney, 1320 North Tustin Avenue, Anaheim, CA 92807
LOCATION: 1320 North Tustin Avenue.
Property is 34 acres located on the east side of Tustin
Avenue, 220 feet north of the centerline of Miraloma Avenue (California Auto Dealers Exchange
– CADE).
To permit and retain five (5) temporary trailers for office use, 2 canopies and 2 new auction
vehicle lanes in conjunction with an existing automobile auction and reconditioning facility with
waiver of minimum structural setbacks adjacent to public streets.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2334 APPROVED in part, ( PC99-178) (6 yes votes, 1 vacant seat)
Denied waiver of code requirement.
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 3511 AND CEQA NEGATIVE DECLARATION
B4. 179:
OWNER:
Spieker Properties, 1531 South Sinclair Street, Anaheim, CA 92806
AGENT:
Stadium Vineyard Church, 1531 South Sinclair Street, Anaheim, CA 92806
LOCATION: 1531 South Sinclair Street.
Property is 0.89 acres located on the west side of
Sinclair Street, 395 feet south of the centerline of Cerritos (Stadium Vineyard Church).
To consider reinstatement of this permit which currently contains a time limitation (originally
approved on April 6, 1992 to expire on October 1, 1999) to retain a church.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3511 APPROVED reinstatement for 5 years, to expire 10/11/2004 ( PC99-179) (6 yes
votes, 1 vacant seat).
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 4135 AND CEQA NEGATIVE DECLARATION AND
B5. 179:
WAIVER OF CODE REQUIREMENT:
OWNER:
Joseph T., Emma W., Roger and Randy Kung, 20866 East Quail Run Drive, Diamond
Bar, CA 91789
LOCATION: 5555-5665 East Santa Ana Canyon Road.
Property is 5.03 acres located at the
northwest corner of Santa Ana Canyon Road and Imperial Highway (Imperial Canyon Shopping
Center).
To construct one retail pad building with roof-mounted equipment, subdivide one unit into an
office and retail unit (for a total of 2 units), and amend conditions of approval pertaining to
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
permitted monument signs and maximum number of units in an existing commercial center with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4135 APPROVED in part, ( PC99-180) (6 yes votes, 1 vacant seat)
Approved waiver of code requirement.
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 4154 AND CEQA NEGATIVE DECLARATION
B6. 179:
OWNER:
The Servite Fathers, A California Corporation, Attn: Father Gerald Horan, OSM, 1952
West La Palma Avenue, Anaheim, CA 92801-3592
AGENT:
John T. Ahern (architect), 12270 Alta Panorama, Santa Ana, CA 92705
LOCATION: 1952 West La Palma Avenue.
Property is 14.75 acres located on the south side of
La Palma Avenue, 515 feet west of the centerline of Onondaga Avenue ( Servite High School).
To permit a freestanding electronic readerboard sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4154 GRANTED ( PC99-181) (6 yes votes, 1 vacant seat)
Approved Negative Declaration.
CEQA NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT NO. 369
B7. 179/134 :
AND RECLASSIFICATION NO. 99-00-08
REQUEST FOR CITY COUNCIL REVIEW OF 12a. AND 12c.
INITIATED BY:
City-initiated (Planning Department), 200 South Anaheim #162, Anaheim
Boulevard, CA 92805
LOCATION : 101-311 North Beach Boulevard and 3001-3021 West Lincoln Avenue.
Property
16.6 acres located at the northwest corner of Beach Boulevard and Lincoln Avenue.
General Plan Amendment No. 369
– City-initiated amendment to the Land Use Element of the
General Plan redesignating these properties from the Medium Density Residential and General
Commercial land use designation to the General Commercial land use designation.
Reclassification No. 99-00-08
– To reclassify the northerly portion of subject property from RS-
A-43 ,000 (Residential/Agricultural) and the CL (Commercial, Limited) Zone to CL (Commercial,
Limited) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA NO. 369 Recommended adoption of Exhibit A to City Council ( GPA99 -182) (6 yes votes, 1
vacant seat).
Granted, Unconditionally, Reclassification No. 99-00-08 ( PC99-183)
Approved request for City Council Review of 12a and 12c.
Approved Negative Declaration.
To be set for a Public Hearing before the City Council due to the General Plan Amendment.
VARIANCE NO. 4374 AND CEQA NEGATIVE DECLARATION, TENTATIVE TRACT
B8. 179/170 :
MAP NO. 15927, SPECIMEN TREE REMOVAL NO. 99-2:
OWNER:
Daniel Rudat, 370 Old Bridge Road, Anaheim, CA 92808
AGENT:
Nicholson Construction Company, Attn: Thomas Q. Nicholson, 1421 North Wanda
Road #160, Orange, CA 92667
LOCATION: 370 Old Bridge Road and 355 Country Hill Road.
Property is 4.0 acres located
on the east side of Old Bridge Road, 450 feet north of the centerline of Fairmont Boulevard.
Variance No. 4374 –
Waiver of (a) minimum lot area Lot 2 and (b) building site requirements for
panhandle/flag lots.
Tentative Tract Map No. 15927 –
To establish a 7-lot (6 residential lots, 1 private street lot)
single family residential subdivision.
Specimen Tree Removal No. 99-2
– To permit the removal of 12 specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
VARIANCE NO. 4374 APPROVED ( PC99-184) (5 yes votes, 1 no vote 1 vacant seat).
Approved Tentative Tract Map No. 15927
Approved Specimen Tree Removal No. 99-2
Approved Negative Declaration.
REPORTS AND RECOMMENDATIONS
CODE AMENDMENT NO. 99-06 AND CEQA CATEGORICAL EXEMPTION SECTION
B9. 179:
15061(b)(3):
City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805,
request for consideration to amend Chapter 18.06 (vehicular parking and loading requirements)
for convenience markets and hotel/motel facilities.
Continued from the Commission meeting of September 27, 1999.
ACTION TAKEN BY THE PLANNING COMMISSION:
Concurred with staff, recommend to City Council adoption of the code amendment with
modifications.
CEQA CATEGORICAL EXEMPTION – SECTION 15061(b)(3) AND
B10. 179:
CODE AMENDMENT NO. 99-07 :
City-initiated (Planning Department), 200 South Anaheim
Boulevard, Anaheim, CA 92805, request for consideration to amend Chapter 18.04 (Site
Development Standards – General) pertaining to fence requirements adjacent to railroad rights-
of-way.
ACTION TAKEN BY THE PLANNING COMMISSION:
Concurred with staff, recommended to City Council adoption of the ordinance.
CONDITIONAL USE PERMIT NO. 2521 – REQUEST FOR SUBSTANTIAL
B11. 179:
CONFORMANCE AND CEQA NEGATIVE DECLARATION :
Braille Institute – Orange County
Center, 527 North Dale Avenue, Anaheim, CA 92801-4899, request determination of substantial
conformance to expand the existing student store by 264 square feet for a total floor area of 680
square feet. Property is located at 527 North Dale Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance.
Approved Negative Declaration.
CEQA CATEGORICAL EXEMPTION – CLASS 11 AND FINAL SITE PLAN REVIEW NO.
B12. 179:
99-05 REQUEST FOR REVIEW AND APPROVAL OF A FINAL SITE PLAN :
Cinderella Motel,
Inc., 2416 West Shaw Avenue, Fresno, CA 93711, request for review and approval of a Final
Site Plan to install two (2) wall-mounted hotel identification signs and two (2) freestanding
directional signs. Property is located at 1747 South Harbor Boulevard – Candy Cane Inn.
ACTION TAKEN BY THE PLANNING COMMISSION:
Concurred with staff.
Approved final site plan.
CONDITIONAL USE PERMIT NO. 1043 – REQUEST FOR INITIATION OF
B13. 179:
REVOCATION OR MODIFICATION PROCEEDINGS :
City-initiated (Code Enforcement
Division), 200 South Anaheim Boulevard, Anaheim, CA 92805, request to initiate revocation or
modification proceedings for Conditional Use Permit No. 1043 (to permit a 129-unit, 3-story
motel with a waiver of maximum structural height). Property is located at 2748 West Lincoln
Avenue – Seville Inn.
ACTION TAKEN BY THE PLANNING COMMISSION:
Concurred with staff initiated revocation or modification proceedings.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
Joel Fick, Planning Director, clarified for the Mayor that staff had nothing further to add relative to Item
B12 and B13 other than what was addressed in the staff report. On Item B13, the Planning Commission
concurred with staff’s recommendation and that issue will be forthcoming in the future.
ITEM B14 - FROM THE PLANNING COMMISSION MEETING OF OCTOBER 25, 1999 –
INFORMATION ONLY
APPEAL PERIOD ENDS NOVEMBER 4, 1999
TENTATIVE TRACT MAP NO. 15861 AND CEQA NEGATIVE DECLARATION,
B14. 170:
SPECIMEN TREE REMOVAL PERMIT NO. 99-3
OWNER:
Paul S. and Sachiko Murata, 194 S. Lakeview Avenue, Anaheim, CA 92807
AGENT:
Muskoka Development, Attn: Brian Keer, 34 Balboa Coves, Newport Beach, CA 92663
LOCATION : 194 South Lakeview Avenue.
Property is 5.91 acres located on the north side of
Lakeview Avenue.
Tentative Tract Map No. 15861
– To establish a 6-lot (5-numbered lot, 1-lettered lot) residential
subdivision.
Specimen Tree Removal Permit No. 99-3
- To permit the removal of two (2) specimen trees.
Continued from the Commission meeting of September 27, and
October 11, 1999.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 15861 APPROVED (5 yes votes, 2 absent)
Approved Specimen Tree Removal Permit No. 99-3
Approved Negative Declaration
REPORTS AND RECOMMENDATIONS:
REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE ANAHEIM
B15. 134:
GENERAL PLAN :
County of Orange, Public Facilities & Resources Department, Attn: John D.
Pavlik, Chief of PFRD Right-of-Way Processing, 300 N. Flower Street, Santa Ana, CA 92702,
requests a determination of conformance with the Anaheim General Plan for the proposed
acquisition of an easement. Property is located at 616 North Brookhurst Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved as recommended.
ORDINANCES FOR INTRODUCTION:
Council Member Kring offered Ordinance Nos. 5706 and 5707 for first reading.
B16. 172: ORDINANCE NO. 5706 (INTRODUCTION) AN ORDINANCE OF
THE CITY OF ANAHEIM AMENDING SUBSECTIONS .022 AND .024 OF
SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARKING.
B17. 179: ORDINANCE NO. 5707 (INTRODUCTION) AN ORDINANCE OF
THE CITY OF ANAHEIM AMENDING SUBSECTIONS .010 AND .020 OF
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
NOVEMBER 2, 1999
SECTIONS 18.04.048 AND 18.04.049, RESPECTIVELY, OF CHAPTER 18.04
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(FENCE REQUIREMENTS).
PUBLIC HEARING - RECLASSIFICATION NO. 99-00-07 AND NEGATIVE
D1. 179:
DECLARATION
OWNER:
Chibueze J. and Sharon K. Dallah, 17389 East Briardale Lane, Yorba Linda, CA
92886
LOCATION: 1429 and 1433 East Lincoln Avenue.
Property is 0.63 acre located on the north
side of Lincoln Avenue, 160 feet east of the centerline of La Plaza.
To reclassify the subject property from the RS-A-43 ,000 (Residential/Agricultural) and RS-7200
(Residential, Single-Family) Zones to the CL (Commercial, Limited) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 99-00-07 DENIED, ( PC99-167) (5 yes votes, 1 absent,
1 vacant seat)
Denied Negative Declaration
Informational item at the meeting of October 5, 1999, Item B9. Letter of appeal submitted by
Chibueze J. Dallah.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : October 13, 1999
Mailing to property owners within 300 feet : October 14, 1999
Posting of property : October 22, 1999
Greg Hastings, Zoning Division Manager briefed the Staff Report to the Planning Commission dated
September 13, 1999 describing/summarizing the subject proposal. He confirmed that the only request
before the Council tonight is relative to rezoning of the property and that staff continues to recommend
denial.
Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant’s agent.
Applicant’s Statement : Mr. Chibueze Dallah, 17389 E. Briardale Lane, Yorba Linda, CA. He submitted
and read letter of November 2, 1999 which outlined the reasons for the appeal on Reclassification 99-00-
07 (made a part of the record), the main points being the City-installed a traffic signal at the property
frontage which has made it impossible to occupy the property for residential use, an extension of the C-L
zoning to the west would constitute orderly and proper development of the area, the size and shape of
the property is adequate for development in the C-L zone in a similar manner as the property to the west.
Attached to his letter was a map of the area delineating in red all the commercial properties
(predominantly C-L) surrounding and in the vicinity of the subject property. In addition to the request for
a zone change, he is also requesting that the Council authorize payment of the costs associated with the
removal and replacement with standard curb, gutter, sidewalk and landscaping on his existing driveway
as well as the costs to construct a new driveway approximately ten feet east of the existing driveway. He
urged approval of the zone change.
Don Bruden , Anaheim resident (60 years). He has been to the subject property many times. It is difficult
to get in and out and can be hazardous. If the signal is moved over to LaPaz, he believes it would be
advantageous to everyone.
Mayor Daly asked if anyone else wished to speak; there being no response, he gave Mr. Dallah an
opportunity to sum up his request noting that the hearing is focused on the reclassification issue.
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Chibueze Dallah . He reiterated his concern with the location of the traffic signal right in front of the
property making it difficult for residential use. He is trying to work with the City in order to solve what the
traffic signal created. Looking at the map and the properties in red, 90% of the area is commercial or
commercial-limited zoning.
Mayor Daly closed the Public Hearing.
John Lower, Traffic and Transportation Manager explained upon questioning that the signal is a
pedestrian signal vs. a full traffic signal. The reason the pedestrian signal was placed at that location
was due to the heavy pedestrian volume to and from the school on the south side of Lincoln (Lincoln
Elementary) just west of the traffic signal location. If the traffic signal was placed at LaPaz as suggested,
it does not meet the minimum traffic signal requirements. Given the other driveway locations, the place
the signal was installed was the preferred location for the pedestrian signal.
Joel Fick . Staff recognizes it is a challenge for the residential property with the signal being there. He
clarified that staff is not opposed to and would support a change to commercial office since the C-O zone
allows the conversion of single-family homes in a quality way to office type uses. However, while only
the reclassification is the subject of this hearing, in preliminary discussions with staff, it is their
understanding the applicant is proposing a laundromat at the location which is more intensive and not
appropriate in terms of C-L zoning.
Further discussion followed between Council Members and staff for purposes of clarification during which
Mr. Dallah interjected his concern that it is not right to have a signal located by someone’s living room;
traffic signals belong at intersections. He clarified for Council Member Kring that he has tenants living in
the house at the present time.
Mayor Daly. The signalized cross walk was moved three years ago from LaPaz to its present location;
John Lower. The pedestrian signal was constructed about three years ago and prior to that, it was just a
pavement legend and not a signalized crossing. If it is moved to a street intersection, it has to be a full
traffic signal for the reasons he explained earlier.
Mayor Daly. Since the application is to reclassify the property from residential to commercial, he asked
the City Attorney if they can take into consideration any and all factors -- the existence of a cross walk at
a signal which has existed for three years and meanwhile there is an application for a laundromat . He
asked if there is a connection at all in terms of considering the reclassification with the existence of a
cross walk adjacent to it.
City Attorney White. The issue before the Council tonight is whether the subject property should remain
in the current residential zone or be reclassified to C-L. In making a decision, the Council can consider
any relevant factors which include the General Plan designation as well as any changes in the character
of the neighborhood which could include such factors as the pedestrian signalization that is adjacent to
the property. That could form the basis on which the Council could find grounds to reclassify. The issue
tonight is whether it should go into a particular zone, the C-L or C-O zone, not a particular use that may
be authorized in that zone such as a laundromat. If they approve the reclassification to C-L, all permitted
uses would be available to the property and it could be operated as do any of those permitted uses. The
only issue before the Council tonight is whether there is a need to reclassify the property into the C-L
zone.
Mayor Daly. His concern is Cemetery Way since it abuts so much residential to the east and west. He
feels it would be a mistake to rezone it to commercial use. Also because there are existing residential
single-family homes to the east of the proposed use, he thinks that would also be a mistake. The
Planning Commission reviewed this thoroughly; Mr. Dallah further clarified some of the issues involved
stating again that he is trying to solve the issue of the traffic signal.
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NOVEMBER 2, 1999
Council Member Kring . She feels the traffic signal takes away some of the value of his house. She can
see why there is a request to change to the C-L zoning. However, she does not want to change the
neighborhood either. Putting the traffic light at that location does place an unfair burden on the property
owner.
ENVIRONMENTAL IMPACT REPORT – DENIED NEGATIVE DECLARATION:
On motion by Mayor
Daly, seconded by Council Member McCracken, 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.
MOTION CARRIED.
Mayor Daly offered Resolution No. 99R-221 denying Reclassification No. 99-00-07. Refer to Resolution
Book.
RESOLUTION NO. 99R-221 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A
CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA
OF THE CITY HEREINAFTER DESCRIBED.
Before a vote was taken, Council Member Tait stated all the surrounding neighbors had expected it
would be residential forever. He would be willing to go along with staff that they would be amenable to
C-O that was sensitive to the neighbors; otherwise, C-L zoning is too much for the surrounding area.
Mayor Daly. He was going to suggest something along those lines but his concern is still relative to
Cemetery Way which is likely to be resold and parcelized. The Cemetery Way issue is something that
would first have to be resolved.
A vote was then taken on the foregoing resolution to deny the reclassification.
Roll Call Vote on Resolution No. 99R-221 for adoption:
AYES: MAYOR/COUNCIL ME MBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 99R-221 passed and adopted.
CONDITIONAL USE PERMIT NO. 3841 AND NEGATIVE DECLARATION
D2. 179:
OWNER:
Tarek Berri, 260 South Euclid Street, Anaheim, CA 92805
AGENT:
Michael Obert, 12188 Central #323, Chino, CA 91710
LOCATION: 2180 West Ball Road.
Property is 0.52 acre located at the southeast corner of
Brookhurst Street and Ball Road.
To amend or delete conditions of approval pertaining to location of outdoor public telephones.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3841 DENIED request to amend the conditions of approval pertaining to the location of
outdoor public telephones ( PC99-168) (5 yes votes, 1 absent, 1 vacant seat)
Negative Declaration previously approved.
Informational item at the meeting of October 5, 1999, Item B11. Letter of appeal submitted by
applicant.
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PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : October 13, 1999
Mailing to property owners within 300 feet : October 14, 1999
Posting of property : October 22, 1999
Council Member Tait . His firm does work for Mobil Oil which he believes is involved in this application.
He is, therefore, declaring a conflict and will abstain from any discussion and voting on this item. He
then left the Council Chamber temporarily (7:00 P.M.).
Greg Hastings, Zoning Division Manager. He briefed the Staff Report to the Planning Commission
outlining the subject proposal. The Planning Commission denied the request to amend the condition
relative to the location of the phones.
Mayor Daly. He first wants to underscore what the Planning and Police Department staff reports pointed
out relative to this request – their concern for the potential for loitering if the pay phones are moved from
inside the facility to outside. Secondly, this was one of the conditions of approval of a very difficult
approval process which was discussed some time ago.
Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant’s agent.
Applicant’s Statement : Steve Halstead, 12188 Central Avenue, Chino representing Public Phone. He
gave the background on why the issue was before the Council tonight. As a result of a site survey, one
of their principals felt there was a much better location for the phones than originally indicated and
decided to bring it to the City. Generally if there is a problem, they are contacted by the Planning
Commission/staff and they sit down and work it out before the meeting. He further explained that the
request was denied. If he had known ahead of time that staff did not like the plan, he would have
withdrawn it at that time since it was not that big of an issue for them. He wanted to withdraw the
proposal but somehow it went forward and the proposal was denied.
Mayor Daly asked for clarification that it was the intent to have the request withdrawn but it continued to
move forward, the Planning Commission denied the request and now it is before the Council because it
was appealed; Mr. Halstead stated he wanted one chance to come before the Council. It was not that
the request was denied, but they (Commission/staff) took it upon themselves to change the parameters
of the zoning of the property. Previously, the phone could be placed on the outside of the building 15’
from the entrance. Now it appears there are no outside pay phones allowed at all and everything they
had before has now been taken away. He confirmed for the Mayor that he has not had a chance to
discuss the item with the Planning staff or the Police, which was his fault. Basically he wanted the
proposal withdrawn reiterating that it was not that big of an issue.
Joel Fick . Staff’s understanding is the applicant showed up at the first Planning Commission meeting,
requested a continuance, and then no one was present at the next Commission meeting. The condition
as represented by the applicant was altered from the original approval. His understanding of the
applicant’s request is that either this item be withdrawn which would reinstate the original condition, or
the original condition be reinstated. In either case, that is acceptable to staff.
Mayor Daly closed the Public Hearing.
The Mayor thereupon moved that the request to withdraw be accepted; City Attorney White interjected
and recommended that the Council deny the proposed amendment to conditions. That would then return
it back to the conditions from 1996 and negate the Planning Commission action. It is a “cleaner” way to
handle the matter.
ENVIRONMENTAL IMPACT REPORT – DENIED NEGATIVE DECLARATION :
On motion by Mayor
Daly, seconded by Council Member Feldhaus , the City Council denied the Negative Declaration upon
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NOVEMBER 2, 1999
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.
MOTION CARRIED.
Mayor Daly offered Resolution No. 99R-222 denying Conditional Use Permit No. 3841. Refer to
Resolution Book.
RESOLUTION NO. 99R-222 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
3841.
Roll Call Vote on Resolution No. 99R-222 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS : Tait
The Mayor declared Resolution No. 99R-222 passed and adopted.
Council Member Tait entered the Council Chamber (7:10).
CONTINUED PUBLIC HEARING - VARIANCE NO. 4363
D3. 179/155:
ENVIRONMENTAL IMPACT REPORT NO. 321:
OWNER:
Stadium View Anaheim, LP, 145 Commerce Way, Unit B, Walnut, CA 91789
AGENT:
Bruce Ayres, 355 Bristol Street, Suite A, Costa Mesa, CA 92626
LOCATION: 2560 East Katella Avenue.
Property is 2.04 acres located at the southwest
corner of Katella Avenue and Douglass Road. To increase the permitted Floor Area Ratio for the
subject property from 0.45 to 0.91 and waiver of (a) minimum parking lot landscaping (deleted),
(b) minimum landscape setback adjacent to the SR-57 (Orange) Freeway, and (c) minimum
structural and landscaped setback adjacent to Douglass Road, to construct a 4-story, 140-room
hotel with pool, meeting and breakfast areas. (Re-advertised to September 28, 1999 to include
new waiver).
ACTION TAKEN BY THE PLANNING COMMISSION:
VARIANCE NO. 4363 GRANTED, IN PART, Denying waiver (a) and granting waiver (b) ( PC99-
113) (6 yes, 1 absent)
APPROVED the increase in Floor Area Ratio from 0.45 to 0.91 for this specific development
proposal on this building site located in the Arrowhead Pond District of the Anaheim Stadium
Area Master Land Use Plan.
EIR NO. 321 Previously-certified. Informational item at the meeting of July 13, 1999, Item B6.
Review of the Planning Commission’s decision requested by Mayor Daly and Council Member
Kring. Continued from the meeting of August 17, 1999, Item D1. Staff requested a continuance
to September 28 advertise waiver c. Continued as requested by the applicant from the
, 1999 to
meeting of September 28, 1999, Item D3. Request for continuance by staff to November 2,
1999.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : September 16, 1999
Mailing to property owners within 300 feet : September 16, 1999
Posting of property : September 17, 1999
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Mayor Daly. This matter has been continued a couple of times, most recently at the request of the
applicant and staff. It was before the Council on August 17, 1999 (see minutes that date) where a
lengthy discussion took place and the applicant agreed to come back and submit alternate design
information. He asked to hear from staff.
Annika Santalahti , Zoning Administrator. She briefed her report dated November 2, 1999 (made a part
of the record) which addressed the revised architectural plans for the proposed hotel and recommending
approval of Variance No. 4363. The discussion portion of the report explained what had occurred as a
result of the Public Hearing of August 17, 1999 wherein the Council addressed landscape issues,
setbacks and the architectural style of the hotel. It also addressed in detail the revisions that were made.
(During her presentation, Ms. Santalahti also referred to the posted exhibits/simulated photographs of the
hotel also showing a number of perspective views, smaller versions of which had already been submitted
to the Council.)
Mayor Daly. He had a meeting with the applicant along with the Planning Director, Joel Fick and Ms.
Santalahti wherein they discussed obtaining computer-generated views from all perspectives. He was
interested in the setback and how the four-story building would look on the Douglass Road side as well
as at the corner of Douglass and Katella. He does not see any exhibits relative to the Douglass Road
view.
Bruce Ayres, Country Suites, 355 Bristol, Costa Mesa. He first stated , they have worked hard on the
redesign of the building and they do concur with the conditions of approval. Relative to the Mayor’s
question, looking down Douglass, the main focus to the building is from the freeway off- ramp at Ball and
Katella. Douglass is at the other end of the parking lot. The river is there and other commercial
buildings so they did not provide that view. The treatment is the same on Douglass as that facing the 57
Freeway but it does not have the porte cochere.
Mayor Daly. He appreciates the additional work done to change the design. Whey they met and
discussed the project, he (Daly) mentioned his concern about how the building would look from a vareity
of perspectives, most importantly how it would look from the Pond (Arena) and both directions on
Katella. He thought Mr. Ayres was going to provide that perspective ; Mr. Ayres. He offered if the Mayor
wants him to go back and work on different angles, he would be more than happy to do so. The only
angle he feels they did not get is farther down on Katella looking at the hotel. In concluding, he stated
that the building will be an asset to that corner as opposed to what is there now.
Mayor Daly reiterated , he was hoping to see a representation of how the building would look from all the
important perspectives. Pointing to one of the posted exhibits, he stated it did not reflect reality since the
Pond was not in the relationship (to the area) that was shown; Mr. Ayres stated they pulled the Pond in
just to have the two buildings shown next to each other.
Mayor Daly. He wants to know how the hotel is going to look along Douglass Road. The road is narrow
and the building is going to be 15’ from the curb, four-stories tall, plus a roof and he wanted to see how it
was going to look; Mr. Ayres apologized for not providing that perspective.
Council Member Feldhaus felt that the project had been improved from the first submittal; Council
Member Kring stated she feels this will now make a very attractive view from the Pond.
Council Member Tait . He noted from the renderings that on the side facing Katella, no landscaping was
shown. He asked what was planned; Mr. Ayres explained they are incorporating Katella Smart Street
landscaping. The landscaping will be extensive. It is per code if not more than code. (Ms. Santalahti
showed the landscaping plans to Council Member Tait).
Council Member Tait stated he appreciates the changes that have been made and the extra effort made
by Mr. Ayres. He feels the facility is now much more appropriate for the area.
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Mayor Daly closed the Public Hearing.
Mayor Daly. He does not believe the site is big enough for what is proposed. The reason he wanted to
see the particular perspective, the building comes right up to the corner of Katella and Douglass. The
rest of the neighborhood has more setback areas or are one-story buildings. It is not in keeping with
what he was expecting in that neighborhood. He does not think this two-acre site can accommodate the
project size. He is concerned with the bulk of the building on the site. He hopes he is proven wrong. He
was hoping all the properties on this side of Katella would be master planned and feels it is unfortunate
they were not able to make that happen.
ENVIRONMENTAL IMPACT REPORT FINDING – EIR NO. 321 :
On motion by Council Member
McCracken, seconded by Council Member Kring, the City Council finds that the previously certified EIR
No. 321 is adequate to serve as the required environmental documentation of the subject request.
Mayor Daly voted no. MOTION CARRIED.
Council Member McCracken offered Resolution No. 99R-223 granting Variance No. 4363. Refer to
Resolution Book.
RESOLUTION NO. 99R-223 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4363.
Roll Call Vote on Resolution No. 99R-223 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS : Daly
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 99R-223 passed and adopted.
PUBLIC HEARING – ABANDONMENT NO. 99-9A :
D4. 176: In accordance with application filed by
the Ayres Group, 355 Bristol Street, Suite A, Costa Mesa, CA, 92626, a Public Hearing was on the
proposed abandonment of a sanitary sewer easement located on Douglass Road south of Katella
Avenue, reserving unto the City of Anaheim easement for public utility purposes, pursuant to Resolution
No. 203 duly published in the North Orange County News and notices thereof posted in accordance with
law.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : October 13, 1999
Mailing to property owners within 300 feet : October 14, 1999
Posting of property : October 22, 1999
Natalie Meeks , Civil Engineer, Public Works. This is in conjunction with the project just discussed (see
Public Hearing – Item D3.) relating to a sewer easement never used. It was relocated slightly to the east
and a new easement was obtained. It is proper now to abandon the easement.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak relative to
the proposed abandonment; there being no response, he closed the Public Hearing.
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NOVEMBER 2, 1999
ENVIRONMENTAL IMPACT REPORT – CATEGORICAL EXEMPTION :
On motion by Mayor Daly,
seconded by Council Member McCracken 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 requirements to file an
EIR. MOTION CARRIED.
Mayor Daly offered Resolution No. 99R-224 approving Abandonment No. 99-9A. Refer to Resolution
Book.
RESOLUTION NO. 99R-224 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE
CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS
(ABANDONMENT NO. 99-9A).
Roll Call Vote on Resolution No. 99R-224 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 99R-224 duly passed and adopted.
REPORT ON CLOSED SESSION ACTIONS:
C1. 112:
City Attorney White. He has no actions to report from Closed Session.
Mayor Daly asked if this would be the proper place on the agenda to announce an action taken by the
Council; Mr. White answered yes.
Mayor Daly. The Council has completed the lengthy process of performance reviews for three Council
appointees.
MOTION. Mayor Daly moved to authorize a 3% salary increase for three Council appointees (City
Manager, City Attorney, City Treasurer). Council Member Tait seconded the motion. MOTION
CARRIED.
COUNCIL COMMENTS:
C2.
There were no Council comments.
* * * * * * * * * * * * * * * * * * *
Mayor Daly asked if it is Council’s intention to forego the Council Meeting of November 9, 1999, what is
the proper action ; City Attorney White. He stated, just an indication that the next regular meeting of the
City Council will be on November 16, 1999 and subsequently adjourn accordingly.
Mayor Daly stated that the next regular City Council Meeting will be held on Tuesday, November 16,
1999.
ADJOURNMENT: By general Council consent, the Council Meeting of November 2, 1999 was adjourned
(7:34 P.M.). (No meeting to be held November 9, 1999.)
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SHERYLL SCHROEDER
CITY CLERK
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