1999/05/11ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 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 : Leonora N. Sohl
ASST. CITY CLERK : Ann Sauvageau
PLANNING DIRECTOR : Joel Fick
ZONING DIVISION MANAGER : Greg Hastings
FIRE MARS HAL : Gary Wilder
ACTING BUILDING OFFICIAL : Steve Widmayer
TRAFFIC/TRANSPORTATION MANAGER : John Lower
DEPUTY FIRE MARSHAL : Julie Kunze
FIRE DIVISION CHIEF : Gary Wilder
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:40 p.m. on
May 7, 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 workshop portion of the Council Meeting of May 11, 1999 to order and welcomed
those in attendance (3:20 P.M.).
City Manager, James Ruth. This is the appointed time for the workshop on the adoption of California
Building Standards and Uniform Codes. He introduced the Planning Director, Joel Fick who will
introduce the presentation.
ADOPTION OF 1998 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE AND 1996
107:
AND 1997 EDITIONS OF THE UNIFORM CODES AND THE 1997 EDITION OF THE UNIFORM FIRE
CODE:
Joel Fick , Planning Director. The presentation today will be an overview of the Building and Fire Codes
and Code Adoption giving highlights to supplement the information the Council has received previously
and today. (See data entitled, Adoption of California Building Standards Code and Uniform Codes with
Amendments – City of Anaheim Planning and Fire Departments – May 11, 1999 containing hard copies
of the Power Point slides which were subsequently shown and briefed by Mr. Fick – made a part of the
record.) The key information the Council will see in the presentation includes that the State mandated
not
amendments are required to be enforced by local jurisdictions. The City does not have an option to
adopt the State code provided to the City. The City also participated in the Orange County Uniformity
Group that was supported by the Building Industry Association ( BIA). The intent was to provide
consistent code application and also to reduce and consolidate the number of local amendments that the
City has. There are no new building fees proposed in conjunction with this submittal and only a couple of
Fire Code fees that are solely addressing new requirements in the Code. Mr. Steve Widmayer from the
Building Division and Gary Wilder, Fire Marshal are present to assist in the presentation.
Mr. Fick’s presentation, supplemented by Power Point slides, covered the following subjects which he
briefed in detail : Overview (amendment and adoption process), Background of the Model Uniform
Codes, California Building and Fire Codes, Local Adoption and Amendments, Effective Date of Model
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
July
Codes (local adoption required within 180 days of publication of California Building and Fire Codes,
1, 1999
), Building Division Fees, Adoption Objectives. Mr. Fick then deferred to Steve Widmayer to give
the presentation relating to Building Code adoption
Mr. Steve Widmayer, Acting Building Official covered and briefed the following : Overview of Major
Changes to Model Uniform Codes (1997 Model Building Code Revisions), Local Building Code
Amendments (established Uniformity Code Program to provide county-wide consistency and reduce
unnecessary regulations – reduced local amendments from 40 to 25 or 38%), New and Revised
Amendments to the Building Code (new - high-rise definition/decreased from 75’ to 55’ along with
additional requirements; poly-ethylene non-metallic gas pipe).
Gary Wilder, Fire Marshal. Mr. Wilder’s presentation covered and briefed the following : Fire Code
Amendments ( O.C. Fire Prevention Officers Association to promote County-wide consistency and reduce
regulations; reduced local amendments from 39 to 30 or 23%; revised six current amendments – no new
amendments proposed for 1997 UFC adoption), Revised Amendments to the Fire Code (no new
amendments proposed – Revised: Appendices, Board of Appeals, Trade Show Permits, Fire Alarm
Systems (smoke detectors), Aboveground Storage Tanks, Underground Storage Tanks), Fee Schedule
Revisions (deleted welding permit - new permits – battery systems, hot work operations, wood
products).
Council Member Tait entered the Council Chamber (3:40 P.M.).
The Mayor and Council Members then posed questions to staff on some of the specifics of the
presentation relative to the new definition of a high-rise building (was 75’, now 55’), costs associated with
that amendment (for the facilities involved), the large water valve structures in front of buildings, etc.,
which were answered by either Mr. Fick , Widmayer or Wilder. Julie Kunze, Deputy Fire Marshal,
addressed the large water valve structures explaining that the requirements for those valves comes from
the Water Engineering Department to protect the public water supply. In Brea, for example, they are not
visible because they are in underground vaults. Every time a sprinkler system is required, those valves
are necessary. If placed underground, the only thing visible would be the Fire Department connection.
Joel Fick . Based upon concerns expressed at Council Meetings a couple of years ago regarding the
valve structures, Water Engineering has been much more sensitive to their placement and have been
locating the valves in less visible locations and also providing screening of the Utility devices as well.
Steve Widmayer . He then clarified for Council Member Kring that the effective date of local adoption of
the California Building and Fire Codes is July 1, 1999. All plan-check applications on or after July 1
would have to meet the requirements of the newly adopted codes. Architects and engineers have been
calling lately on a more regular basis as to when plans would have to be in conformance and they are
preparing their documents now; Gary Wilder. He emphasized that relative to the high-rise definition, the
new requirements/definition apply to new construction only.
Council Member Tait . Three years ago when this came up, he thought they did not pass any local
amendments ; Joel Fick. Local amendments were adopted in both Building and Fire Codes important to
the City of Anaheim. The majority of them are procedural in nature rather than functional. Every one of
the amendments was provided in the packet of material to the Council with an explanation that
addressed each one of the items.
Joel Fick . He clarified that the ordinances had already been introduced at a prior meeting and tonight is
the Public Hearing on adoption of the subject codes. Staff is recommending their adoption.
Mayor Daly thanked staff for the presentation.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
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 related cases and cross actions)
Orange County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
2.
54956.9(a) – Existing Litigation:
Name of case :
Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone
Company, Orange County Superior Court Case No. 77-30-74,
( and related cases).
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
3.
54956.9(a) – Existing Litigation:
Name of case :
J.G.D. Company, Inc., v. City of Anaheim, Orange County Superior Court Case
No. 79-78-04.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
4.
Title:
City Management.
CONFERENCE WITH LEGAL COUNSEL –Anticipated Litigation:
5.
Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 : One
potential case.
CONFERENCE WITH LABOR NEGOTIATOR
6.
Agency Designated Representative : Dave Hill
Employee Organization : AMEA
PERSONNEL MATTERS 54957:
7.
Classification and Compensation study Planning Dept., Building Division.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the
motion. MOTION CARRIED. (3:53 p.m.)
AFTER RECESS:
Mayor Daly called the reg ular Council meeting of May 11, 1999 to order at 5:40 p.m. and
welcomed those in attendance.
INVOCATION: Monsignor Wilbur Davis, from St. Boniface Church gave the invocation.
FLAG SALUTE:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
Council Member Lucille Kring led the assembly in the Pledge of Allegiance to the Flag.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
DECLARATIONS
119: The following Recognition’s were issued and authorized by the City Council:
1. DECLARATION recognizing Sesame Street Live.
2. PROCLAMATION recognizing May 16-22, 1999, as National Public Works Week.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $3,222,285.51 for the period ending May
11, 1999 in accordance with the 1998-99 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:45 p.m.).
Mayor Daly reconvened the City Council Meeting. (5:48 p.m.).
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
PUBLIC COMMENTS – AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of May 11, 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-88 and 99R-89 , for adoption. Mayor Daly
offered Ordinance No. 5680 for adoption. Refer to Resolution/Ordinance Book.
A1. 105. Receiving and filing minutes of the Public Utilities Board meeting held March 18, 1999.
105. Receiving and filing minutes of the Private Industry Council meeting held March 25, 1999.
A2. 123: To consider approving a Cooperation and Contribution Agreement between Madison
Squares Anaheim Hills, a Nevada limited liability company and the City of Anaheim, for energy
and maintenance of traffic signal and safety lighting at the driveway of 7777 East Santa Ana
Canyon Road. (Continued from the meeting of April 27, 1999, Item A11.)
City Manager Ruth. Staff respectfully requests that this item be withdrawn.
A3. 123: Approving State-Local Transportation Agre ement No. SLTPP -5055, Program Supplement
No. 036, for the Riverdale Avenue street improvement project from Lakeview Avenue to
Deerfield Street.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
A4. 160: Accepting the low bid of Barney’s Transmission, in an amount not to exceed $35,000 for
transmission repairs as required for the period of July 1, 1999 through June 30, 2000, in
accordance with Bid #5925.
A5. 160: Accepting the low bid of Silvia Construction Company, in an amount not to exceed $65,692
for paving, as required, for a period of one-year, commencing July 1, 1999, and authorizing the
Purchasing Agent to exercise up to four additional one-year renewals, limited to Consumer Price
Index (CPI) increases, in accordance with Bid #5912.
A6. 160: Accepting the low bid of R. J. Noble Company, in an amount of $1,581,000 for asphalt
concrete, as required, for a period of one year, commencing July 1, 1999, and authorizing the
Purchasing Agent to exercise up to four additional one-year renewals, limited to Consumer Price
Index increases, in accordance with Bid # 5909.
A7. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to Shallbetter Bros., Inc., c/o Matzinger-Keegan, Inc., in the amount of $46,120 for four
padmounted deadfront capacitor banks for warehouse stock.
A8. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase
order to Xerox Corporation, in an amount not to exceed $150,000 for Xerox 4024DP white bond
paper, as required for a period of two years, beginning July 1, 1999, through June 30, 2001.
A9. 105: Approving the Rules of Order adopted by the 1999 Charter Review Committee at its
organizational meeting on April 28, 1999.
A10. 108: ORDINANCE NO. 5680 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Subsection .100 of Section 6.44.010 of Chapter 6.44 of Title 6 of the
Anaheim Municipal Code relating to nuisances. (Introduced at the meeting of April 27, 1999,
Item A30, and continued from the meeting of May 4, 1999, item A10.)
Council Member Feldhaus . He would like to continue this item for at least two weeks or to June 8, 1999
(no Council Meetings scheduled May 25 and June 1, 1999) to give the Chamber of Commerce an
opportunity to review it further. He clarified for the Mayor that the Chamber asked that it be continued.
He is the Council Liaison Member to the Chamber and the issue was discussed today.
Mayor Daly. He asked if staff had heard any concerns; City Attorney White answered that he had not.
Council Member Kring . She stated that some concerns were expressed to her by Chamber Members.
A11. 123: To consider approving the Disposition and Development Agreement by and among the
City, Agency and Summit Commercial Properties, Inc.; authorizing the City Manager and the
Executive Director of the Redevelopment Agency to execute said document and all other
necessary implementing documents, including a Parking License Agreement; and (2) approving
the concept drawings and materials for the Summit Commercial Properties, Inc., building,
excepting monument signage and public art.
City Manager Ruth. This item is the same as Item 1. on the Redevelopment Agency agenda today which
was continued one week; therefore, staff is recommending this item be continued one week as well.
At the conclusion of the Consent Calendar, Item A11 was continued one week as recommended by staff.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
A12. 130: RESOLUTION NO. 99R- 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting, for the purpose of review, the FCC Form 394 submitted by Century
Valley Cable Corp. relating to a franchise transfer and prescribing certain procedures relating
thereto.
A13. 153: RESOLUTION NO. 99R- 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM extending the current Memorandum of Understanding between the City of
Anaheim and the General Truck Drivers Union, Local 952.
Roll Call Vote on Resolution Nos. 99R-88 and 99R-89, 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 Nos. 99R-88 and 99R-89, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
CONDEMNATION HEARING - WEST STREET/DISNEYLAND DRIVE/BALL ROAD
A14. 121:
PROJECT FROM I-5 TO WEST STREET:
To consider the adoption of a resolution finding and
determining the public interest and necessity to require condemnation of certain real properties
located in the Ball Road and West Street area (Anaheim Resort Area) – 1055 and 1057 West
Ball Road (Stardust Motel R/W 5240-5), and authorizing the law firm of Rutan and Tucker,
special counsel to the City, to proceed with said condemnation action.
Submitted was report dated April 28, 1999 from the Director of Public Works/City Engineer, Gary
Johnson recommending that the Council, following a Public Hearing, adopt the subject resolution.
Mayor Daly. He opened the hearing and asked if the property owner or a representative was present to
speak; there was no response.
City Attorney White. The written staff report is incorporated by reference in this hearing proceeding ;
Mayor Daly. Staff report of April 28, 1999 is incorporated by reference.
Mayor Daly closed the Public Hearing.
Mayor Daly offered Resolution No. 99R-90 for adoption. Refer to Resolution Book.
RESOLUTION NO. 99R-90 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1055 AND 1057 WEST
BALL ROAD FOR THE PURPOSES OF CONDUCTION ROADWAY IMPROVEMENT
(R/W 5240-5).
Roll Call Vote on Resolution No. 99R-90 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
The Mayor declared Resolution No. 99R-90 duly passed and adopted.
APPOINTMENT TO THE BUDGET ADVISORY COMMISSION:
A15. 105:
Appointment to the Budget Advisory Commission to fill the unexpected vacancy of Cindy Floriani
(term expires 6/30/2000). (Continued from the meetings of February 9, 1999, Item A12,
February 23, 1999, Item A25,
March 16, 1999, Item A25, April 27, 1999, Item A47, and May 4, 1999.)
City Clerk Sohl . She understands this item is requested to be continued to at least the next Council
Meeting since a report and a proposed ordinance is being submitted by staff.
City Manager Ruth. The report was submitted to the Council just today.
MOTION. Mayor Daly moved to continue the subject appointment for one week. Council Member
McCracken seconded the motion. MOTION CARRIED.
APPOINTMENT TO THE COMMUNITY SERVICES BOARD:
A16. 105:
Appointment to the Community Services Commission to fill the unexpected vacancy of Romero
(term expires 6/30/2002). (Continued from the meetings of April 27, 1999, Item A48, and May
4, 1999, Item A17.)
Mayor Daly opened nominations for appointment to the Community Services Board ( CSB).
Council Member McCracken nominated Larry Hirschler; Council Member Kring nominated Jack Holmes;
Council Member Feldhaus nominated Mary Sloan.
MOTION. On motion by Mayor Daly, seconded by Council Member Kring, nominations were closed.
MOTION CARRIED.
A vote was then taken on the nominees in the order in which they were nominated.
Larry Hirschel - Ayes: McCracken. Noes: Tait , Kring . Abstained: Feldhaus, Daly.
Jack Holmes - Ayes: Kring, Tait. Noes: McCracken . Abstained: Feldhaus, Daly.
Mary Sloan - Ayes: Feldhaus, Daly. Noes: Kring, Tait, McCracken .
Since no nominee received three affirmative votes, it was determined that there would be another vote.
Larry Herschler - Ayes: Daly. Noes: Kring, Tait, McCracken . Abstained: Feldhaus.
Jack Holmes - Ayes: Kring, Tait. Noes: McCracken . Abstained: Feldhaus, Daly.
Mary Sloan - Ayes: Feldhaus, Daly. Noes: Kring, Tait, McCracken .
MOTION. Council Member Tait moved to continue the appointment to the Community Services Board
for one week. Council Member McCracken seconded the motion. MOTION CARRIED.
APPOINTMENT TO THE PLANNING COMMISSION:
105:
Appointment to the Planning Commission to fill the unexpected vacancy of Williams (term
expires 6/30/1999). (Continued from the meeting of May 4, 1999, Item A17.)
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
Mayor Daly opened nominations for appointment to the City Planning Commission.
Council Member McCracken nominated James Vanderbilt; Council Member Kring nominated Todd
Ament; Council Member Feldhaus nominated Mary Bouas.
MOTION. On motion by Council Member Tait seconded by Council Member McCracken, nominations
were closed. MOTION CARRIED.
A vote was then taken on the nominees in the order in which they were nominated.
James Vanderbilt - Ayes: McCracken, Daly. Abstained: Feldhaus, Kring, Tait .
Todd Ament - Ayes: Kring, Tait. Noes: McCracken . Abstained: Feldhaus, Daly.
Mary Bouas - Ayes: Feldhaus, Daly. Noes: Kring , McCracken . Abstained: Tait.
Since no nominee received three affirmative votes, it was determined there would be another vote.
James Vanderbilt - Ayes: Feldhaus, McCracken, Daly. Abstained: Kring, Tait.
Todd Ament - Ayes: Kring, Tait. Noes: McCracken . Abstained: Feldhaus, Daly.
Mary Bouas - Noes: Kring, McCracken. Abstained: Feldhaus, Tait, Daly.
James Vanderbilt was thereupon appointed to the City Planning Commission for the term ending June
30, 1999.
Later in the meeting under this portion of the agenda, Council Member Tait changed his abstention to a
yes vote on the appointment of Mr. Vanderbilt.
APPOINTMENT TO THE LIBRARY BOARD:
105:
Appointment to the Library Board to fill the unexpected vacancy of Miller (term expires
6/30/2002). (Continued from the meeting of May 4, 1999, Item A17.)
Mayor Daly opened nominations for appointment to the Library Board.
Council Member McCracken nominated Robert Wadleigh; Council Member Kring nominated David
Laviguer.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A vote was then taken on the nominees in the order in which they were nominated.
Robert Wadleigh - Ayes: McCracken, Daly. Noes: Feldhaus . Abstained. Kring , Tait .
David Laviguer - Ayes: Feldhaus, Kring, Tait. Noes: McCracken . Abstained: Daly.
In the spirit of unanimity, Council Member McCracken and Mayor Daly changed their votes to yes vote.
Mr. Laviguer was thereupon appointed to the Library Board unanimously for the term ending June 30,
2002.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
APPOINTMENT TO THE SENIOR CITIZEN COMMISSION:
105:
Appointment to the Senior Citizen Commission to fill the unexpected vacancy of Atwell (term
expires 6/30/2001). (Continued from the meeting of May 4, 1999, Item A17.)
Mayor Daly opened nominations for appointment to the Senior Citizens Commission.
Council Member McCracken nominated Joanne Barry; Council Member Kring nominated Janet
Woodward; Council Member Feldhaus nominated Beryle Koenig.
MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were
closed. MOTION CARRIED.
A vote was then taken on the nominees in the order in which they were nominated.
Joanne Barry - Ayes: McCracken, Daly. Abstained: Feldhaus, Kring, Tait .
Janet Woodward - Ayes: Kring. Noes: McCracken . Abstained: Feldhaus, Tait, Daly.
Beryle Koenig - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring.
Council Member Kring thereupon changed her abstention to a yes vote.
Beryle Koenig was thereupon appointed to the Senior Citizen Commission by a unanimous vote for the
term ending June 30, 2001.
Mayor Daly noted there will be a number of appointments coming to the Council for those terms on the
City’s Boards and Commissions expiring on June 30.
ITEMS B1 – B4 FROM THE ZONING ADMINISTRATOR MEETING OF
APRIL 22, 1999 - DECISION DATE: APRIL 29, 1999
INFORMATION ONLY - APPEAL PERIOD ENDS MAY 14, 1999:
ADMINISTRATIVE ADJUSTMENT NO. 158
B1. 179:
CEQA EXEMPT {SECTION 15061 (b)(3)}:
OWNER: Jay and Barbara Cowen, 3030 Breakers Drive, Corona Del Mar, CA 92625
LOCATION: 2760 West Lincoln Avenue. Property is 0.55 acre having a frontage of 108 feet on
the south side of Lincoln Avenue, and a maximum depth of 222 feet and is located 450 feet east
of the centerline of Dale Avenue.
Waiver of maximum fence height to retain an existing block wall and wood fence extension.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 158 APPROVED ( ZA DECISION NO. 99-12).
ADMINISTRATIVE ADJUSTMENT NO. 159
B2. 179:
CEQA EXEMPT {SECTION 15061(b) (3)}:
OWNER: Parkgate Center, 2331 West Lincoln Avenue, Anaheim, CA 92801
AGENT: Thomas Drummond, 327 West Wilshire Avenue, Fullerton, CA 92832
LOCATION: 2301 – 2323 West Lincoln Avenue. Property is 2.28 acres having a frontage of 440
feet on the north side of Lincoln Avenue and a maximum depth of 226 feet and is located 247
feet west of the centerline of Monterey Street.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
Waiver of minimum number of parking spaces to construct an addition to an existing office
complex.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 159 APPROVED ( ZA DECISION NO. 99-13).
ADMINISTRATIVE ADJUSTMENT NO. 160
B3. 179:
CATEGORICALLY EXEMPT, CLASS 15:
OWNER: Henry B. and Thelma Mae Wesseln, 292 N. Wilshire Avenue, Anaheim, Ca 92801
AGENT: John Schuster, 1731 West Lincoln Avenue, Anaheim, CA 92801
LOCATION: 1731 – 1735 West Lincoln Avenue. Property is 1.04 acres having a frontage of 290
feet on the north side of Lincoln Avenue and a maximum depth of 290 feet and is located 75 feet
west of the centerline of Euclid Way.
Waiver of maximum fence height to construct an eight foot high, chain link, slatted fence within
five (5) feet of the front property line.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 160 WITHDRAWN by the Applicant.
ADMINISTRATIVE ADJUSTMENT NO. 156
B4. 179:
CEQA EXEMPT {SECTION 15061(b) (3)}:
OWNER: CTF-3 HILLS LLC, 4001 MacArthur Blvd., #100, Newport Beach, CA 92660
AGENT: David Ball, 4001 MacArthur Blvd., #100, Newport Beach, CA 92660
LOCATION: 500 South Anaheim Hills Road. Property is 2.10 acres located at the southeast
corner of Nohl Ranch Road and Anaheim Hills Road.
Waiver of 271 parking spaces required; 260 parking spaces proposed to construct a 1,200
square foot accessory document storage area inside a parking garage.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 156 APPROVED ( ZA DECISION NO. 99-14).
END OF THE ZONI NG ADMINISTRATOR ITEMS.
ORDINANCES FOR ADOPTION:
B5. 179: ORDINANCE NO. 5681 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending various Subsections of Sections 17.28.030, and 17.28.100, 17.28.130 and 17.28.190
of Chapter 17.28 of Title 17 and amending Subsection .075 of Section 18.90.030 of Chapter
18.90 of Title 18 of the Anaheim Municipal Code relating to Flood Hazard Reduction.
(Introduced at the meeting of May 4, 1999, Item B7.)
ORDINANCE NO. 5681: (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING VARIOUS SUBSECTIONS OF SECTIONS
17.28.030 AND 17.28.100, 17.28.130 AND 17.28.190 OF CHAPTER 17.28
OF TITLE 17 AND AMENDING SUBSECTION .075 OF SECTION
18.90.030 OF CHAPTER 18.90 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO FLOOD HAZARD REDUCTION.
Roll Call Vote on Ordinance No. 5681 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Ordinance No. 5681 duly passed and adopted.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
B6. 179: ORDINANCE NO. 5682 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Subsections .030 and .040 to Section 18.03.070 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code relating to zoning – Report and Recommendation Items.
(Introduced at the meeting of May 4, 1999, Item B9.)
City Attorney White. The ordinance contains a reference to the ordinance that is listed under A10 of the
agenda that has been continued a couple of times. It would be in order, and he would recommend, that
the Council delete the section of the ordinance that relates to that particular item and reintroduce it only
with regard to Sub Section .030. If Council at a later date adopts item A10, staff will come back and
amend the language. It will avoid having an ordinance on the books that refers to a section that doesn’t
exist currently. It will delete section .040.
Mayor Daly re-offered Ordinance 5682 for First Reading deleting section .040 as articulated by the City
Attorney.
ORDINANCE NO. 5682: (INTRODUCTION ) AN ORDINANCE OF THE
CITY OF ANAHEIM ADDING SUBSECTIONS .030 TO SECTION
18.03.070 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING.
B7. 179: ORDINANCE NO 5683 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 98-99-09 located at: (Parcel A ) 2623 W. Lincoln Avenue; (Parcel B) 2607
W. Lincoln Avenue; (Parcel C) 2601 W. Lincoln Avenue; and (Parcel D) 109, 111, 115, 117, and
119 N. Magnolia Avenue from the CG zone to the CL zone. (Introduced at the meeting of
May 4, 1999, Item B11.)
ORDINANCE NO. 5683: (ADOPTION ) AN ORDINANCE OF THE CITY
OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER
RECLASSIFICATION NO. 98-99-09 LOCATED AT: (PARCEL A) 2623 W.
LINCOLN AVENUE; (PARCEL B) 2607 W. LINCOLN AVENUE; AND
(PARCEL D) 109, 111, 115, 117 AND 119 N. MAGNOLIA AVENUE FROM
THE CG ZONE TO THE CL ZONE.
B8. 179: ORDINANCE NO 5684 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 98-99-05 located at 6900 East Canyon Rim Road from the RS-HS-
10 ,000(SC) zone to the RS-A-43,000(SC) zone. (Introduced at the meeting of May 4, 1999,
Item B12.)
ORDINANCE NO. 5684 : AN ORDINANCE OF THE CITY OF ANAHEIM
(ADOPTION) AMENDING TITLE 18 TO REZONE PROPERTY UNDER
RECLASSIFICATION NO. 98-99-05 LOCATED AT 6900 EAST CANYON
RIM ROAD FROM THE RS-HS-10,000 (SC) ZONE TO THE RS-A-43,000
(SC) ZONE.
Roll Call Vote on Ordinance Nos. 5683 and 5684 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Ordinance Nos. 5683 and 5684 duly passed and adopted.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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Introduction of former Assemblyman, Jim Morrissey :
Mayor Daly, noting that former Assemblyman
Jim Morrissey was present, introduced him stating that Mr. Morrissey was a person who worked in the
State Legislature for four years on the City’s behalf. He welcomed him to the meeting.
ORDINANCE FOR INTRODUCTION:
B9.
179: ORDINANCE NO. 5685 ( INTRODUCTION ) Approving Specific Plan Adjustment No. 1
to Anaheim Resort Specific Plan 92-2, Amending Ordinance No. 5453, and amending
subsection 18.48.070.090 of the Anaheim Municipal Code.
Mayor Daly offered Ordinance No. 5685 for first reading.
ORDINANCE NO. 5685 (INTRODUCTION) APPROVING SPECIFIC PLAN
ADJUSTMENT NO. 1 TO ANAHEIM RESORT SPECIFIC PLAN 92-2,
AMENDING ORDINANCE NO. 5453, AND AMENDING SUBSECTION
18.48.070.090 OF THE ANAHEIM MUNICIPAL CODE.
CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D1. 179:
CONDITIONAL USE PERMIT NO. 4075, AND NEGATIVE DECLARATION:
OWNER:
Raymond Runo Trust, Norma Hillman, Dan Neyenhuis, Lillian Runo, 1120 Kenwood
Place, Fullerton, CA 92831
AGENT:
David Jackson, 100 S. Anaheim Blvd., #125, Anaheim, CA 92805
LOCATION: 1575 West Mable Street - Fairmont Private School. Property is 0.89 acre located
on the north side of Mable Street, 270 feet east of the centerline of Loara Street.
To permit the conversion of an existing 14,775 square foot industrial building into a private
elementary and junior high school addition to the existing Fairmont Private School with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4075 GRANTED for 20 years, to expire March 1, 20 19
( PC99-35) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of March 23, 1999, Item B2. Letter of appeal submitted by
Bryan Industrial Properties, Inc. Public hearing continued from the meeting of April 27, 1999,
Item D1.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : April 15, 1999
Mailing to property owners within 300 feet : April 7, 1999
Posting of property : April 9, 1999
Greg Hastings, Zoning Division Manager. He briefed Staff Report to the Planning Commission dated
March 1, 1999 which described the subject proposal. He also noted since the Planning Commission
Meeting, considerable concern has been expressed by the opposition concerning existing traffic patterns
and the existing relationship between the industrial and school use. Staff believes that the request is not
detrimental and might actually be beneficial relative to the existing conditions. There will be no increase
in students and the students will be located a greater distance from adjacent industrial properties. The
parking supply would be increased beyond the parking requirements providing more off-street parking for
the school. The unauthorized heavy outdoor industrial storage on the subject property would be
eliminated and replaced by a less intense use. Also, truck traffic associated with the current industrial
use would be eliminated. John Lower, Traffic and Transportation Manager is present to address the
parking, traffic and circulation issues.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
Mayor Daly asked Mr. Hastings to repreat his explanation on the parking issue – that staff feels the
parking will be sufficient under the proposal ; Greg Hastings. Isolating this portion of the school that is
before the Council tonight, there are 39 spaces required based on the proposed action. There are
actually 57 on that site. The parking ratio for the entire Fairmont School will be better than if the parking
were not added.
City Attorney White then explained for the Mayor that the Council can inquire as to the overall parking,
but tonight’s hearing is only on the proposed expansion and not the underlying CUP. The Council tonight
cannot have any effect on the use that is operating under an existing permit, only if it is allowed to
amend its operation in the way it was applied for.
The Mayor opened the Public Hearing and asked to hear from the applicant.
APPLICANT’S STATEMENT : David Jackson. As he understands, the basic question seems to be about
parking, and also traffic to a lesser extent. That is one of the primary reasons why the school wanted the
additional property. It improves parking even greater than what presently exists. One of the
misconceptions is the code which shows some 500 parking spaces required. The primary number comes
from the fact that they have a cafeteria and a gymnasium next to it that has a large square footage that
requires some 400+ parking spaces. The fact is , the gymnasium is for the use of the students. They
never have or never will have any events where outside people will be using the gym at the same time
students are attending school. The advantage of attaining the property they are attempting to acquire,
they are picking up 57 additional spaces and even though the code for that building would be 39,
because they would be transferring many of their existing employees from some of the other buildings on
Mable Street to that building, they are increasing the number of actual people by 11 so they are picking
up 46 additional spaces. They currently do not need that many for employees or anyone else. It would
be primarily for pickup and drop-off times that parents park in the street and they would like to require
them to park off the street which will then move the traffic flow on Mable Street during those times and
enhance the overall flow of the school and traffic. They also look forward to improving the look of
Mable Street by repainting the building and improving the landscaping. As was mentioned, eliminating
the existing tenant or other tenants that would be using that as a storage area which brings in large 18-
wheeler semi trucks, eliminating that will improve the traffic flow and greatly enhance the safety in that
whole area. They definitely plan on having control of that building to make sure they do not have that
type of activity. The other thing that was brought up was the way they are using the building it becomes
an even greter buffer between students, school and the other buildings around them. They are not
adding any regular classrooms but computer rooms, science rooms and rooms for use of the existing
students. In the past, they have looked at the possibility of future growth but at this point, they see the
way demographics are going in this area, they will not increase and do not look to increasing the number
of students there now or in the future.
There being no further persons present to speak in favor, the Mayor asked to hear from those opposed to
the proposal.
Phillip Anthony, 101 LaPatt Street, Westminster. He represents a number of the surrounding property
owners opposed to the expansion. They disagree with the conclusions presented by Mr. Jackson. The
school is incompatible with the existing area and should not be expanded. The school has become too
big for the area. It interferes with surrounding industrial uses and causes traffic congestion. The parking
they are talking about is not critical. They are using illegal parking on the street with parents coming to
pick up and drop off. If they did not use that parking, they would have a terrible parking problem. They
want to give verbal and written testimony from the adjoining industrial owners and operators who have
observed the problems first hand. The balance of Mr. Anthony’s presentation covered the growth of the
school since its first CUP was granted in 1961, the last taking it from 500 to 695 students (a map showing
its growth over the years was also presented along with a number of photographs), the problems the
expansion(s) has caused for traffic and circulation in the area now making it incompatible with the
surrounding industrial uses and, because of the congestion, making public and business use of the public
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
street(s) difficult, the fact that the school has put cones up in an industrial driveway (as shown in one of
the photos), etc. If this were happening on a residential street, residents would be at the hearing in large
numbers. It is hard to get all the industrial owners and operators to the hearing. Verbal testimony and
letters have been submitted and are a part of the file. Some of the owners are present tonight and have
new letters to present. There are also petitions from the owners and business operators in surrounding
properties – 95% agreed to and have signed the petition (in opposition). The bottom line is, should the
desires of the school (a conditional use) take precedence over the property rights of the surrounding
industrial uses which are the proper uses in the area.
The following people then spoke in support of the industrial uses and against the proposal by Fairmont
School. Their issues/concerns are summarized:
John Moresca, Commercial Real Estate Broker, 1933 E. Palm, Orange currently represents many
property owners in the immediate area. He referred to the blue folder previously submitted (and made a
part of the record) containing the CUP history on the Fairmont School, and petitions and letters of owners
and tenants opposed (95% of each). He briefed who the owners and tenants of the surrounding industrial
areas were and their location in relation to the school use. He urged the Council to read the letters of
concern from these long-time property owners and tenants who can no longer afford to have their
properties and businesses impacted by the school. He also briefed the reasons for opposition listed in
the petitions from both the owners and tenants (see owner Petition to the Mayor and City Council listing
six reasons and tenant Petition listing five reasons), the main reasons being that the expansion of the
school will adversely impact the operation of existing adjoining industrial uses and the growth and
development of the area and that traffic generated by the existing school use already imposes an undue
burden on the streets and highways in the area and causes congestion that interferes with normal
industrial traffic. They oppose and urge denial of CUP 4075 which would allow expansion of the school.
Chuck Curry, part owner of the industrial building at 220 S. Loara for the past 12 years immediately
adjacent to the industrial building adjacent to the subject Fairmont CUP (currently leased to Samson
Motorcycle Products). He is strongly opposed to the CUP because he believes it is going to further
damage his property and cause additional problems for their client at this location. He has been a
commercial real estate broker since 1978 specializing in industrial property. It is not uncommon for
schools to ask for the rights to do their uses in industrial buildings, part of the reason being, it is cheaper
because parking is not available. The major problem is the traffic the school already generates on Mable
Street. They need to move elsewhere to accommodate their needs. The parking behind the building
may help but he is not of the belief the parents are going to park there to pick up the students. He urged
that they not allow for the expansion of the school.
Jim Morrissey, 1232 Laster Avenue, Anaheim. It is a unique experience to be present in opposition to a
private school. He drove by the area last Thursday at 11:30 and observed children walking all over the
place. There were also two people directing traffic. This is an industrial area and there are all kinds of
delivery trucks picking up and dropping off. He feels it is extremely hazardous and believes it would be a
mistake to grant the request. He urged that they not approve it; it is a place where there will be a serious
accident.
Jerry Knudsen, 2545 Huntington Drive, San Marino, Attorney for the owners at 220 Loara, the industrial
building sharing the common driveway with the subject property and seven industrial buildings
immediately to the north on Embassy Street. He has carefully reviewed the evidence presented to the
Planning Commission and that which will be presented to the Council this evening. He finds no credible
evidence to support three of the findings of fact necessary to grant the CUP. What the applicant has
provided are conclusions unsupported by credible evidence. He then briefed each of the three findings
and after doing so reiterated that the testimony and evidence before the Council does not permit them to
make the necessary findings of fact. The same evidence also establishes a lack of evidentiary support
and explanations justifying a negative declaration.
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MAY 11, 1999
Mike Coyt, CEO, Bryan Industrial, Appellant (appealed the Planning Commission’s decision and
requested this matter be set for a Public Hearing), 146 E. Orangethorpe, Anaheim, owner/part owner of
several buildings in the area immediately adjacent to the Fairmont School. The school has outgrown the
area and its presence is already adversely affecting the use of his industrial properties and consequently
the value of his properties. He asked that they protect his property rights and deny the expansion of the
school and the CUP.
Paul Singer, 7163 Columbus Drive, Anaheim (former Anaheim City Traffic Engineer). He has had the
opportunity to look at the traffic conditions surrounding the school during the unloading and loading (of
the school - pickup and drop-off). Mable Street is heavily congested during approximately one hour in
the morning and one hour in the afternoon where virtually no through traffic can travel without a great
deal of delay or make deliveries. Parents park on the street, as is customary, but in this area it is
causing serious delay in the ability to deliver or pick up goods and is mixing pedestrian traffic with heavy
truck traffic. He also submitted pictures of parents dropping off children in the industrial area driveway.
Trucks and school children are not a good mix. It is “an accident waiting to happen” as has been pointed
out by other speakers.
Phil Anthony. Another consideration is the fact that the subject area and the area around it is in a state
of flux. The entire area needs to be re-evaluated by the City. For that reason alone any new use should
not be approved at this time.
Mayor Daly then invited the applicant (Fairmont School) to summarize the project and respond to any of
the points raised.
David Jackson, Fairmont School. The school has been there since the early 1950’s, before it was an
industrial area and has grown substantially. Over all those years, they have attempted to try to keep a
good and positive contact with their neighbors. They felt they have been very successful and this (the
opposition) is surprising. He has talked to many of their neighbors and the Council has received letters
from some of the tenants and at least a couple of the owners. In talking with some of the other owners
and tenants in private, they felt what the school was doing and attempting to do looked like it was going
to improve the situation but because of “political” pressures from their fellow industrial people, have
chosen not to come out in favor. What bothers him the most is how they are not able to see what the
school is doing is not an expansion of the number of students, but an expansion to try to protect the
students more and improve the situation that presently exists. They are now bringing in more kids by
their school busses so they have less traffic coming in. The additional 57 spaces are strictly for
employees only. They will be moving the majority of their employees from the existing parking lot which
has access for both Mable and Broadway to the new building allowing them to have access from
Broadway and Mable Street for any parents who do want to park. It will improve the traffic flow because
at this point there is very little other traffic on Mable. Acquiring the industrial building cuts it down. He
also rebutted some of the other points made by those in opposition. In concluding, he stated truck traffic
will be greatly reduced by the proposal. They are excited by it because they know it will improve the
situation and not make it worse. It is not an expansion of students but a way to improve the situation and
make it safer and better for everyone concerned including their neighbors. He then invited a Daniel
Benson to speak.
Daniel Benson, Daniel Benson & Associates, 2555 E. Chapman, Fullerton. Relative to traffic, the only
problems he identified was the traffic congestion caused by the Santa Ana Freeway construction bringing
a lot of people through Loara not normally there and, secondly, the repossessed cars that are being
parked illegally by the company across the street. He recommends those vehicles be removed so the
parents can drive along the curb instead of around those vehicles. He is pleased to see that Mr. Singer
is present since he remembers going over with him (Singer) many years ago what was needed for a
parking study. His previous parking study for the school did not identify any particular traffic and parking
problems on the street as he recalls. Traffic counts were done in the peak hour and not included in the
report was the fact that the traffic was pretty much gone in 10 or 15 minutes at least from parent cars and
did not justify any more detailed traffic studies. Regarding recommendations as to findings of the study ,
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
it appears to him one of the speakers who addressed the required findings may have slightly modified
what those findings are required to do. Generally, they did not find any adverse effect from the parking
improvements. As Mr. Jackson said, and they have a lot of parking reductions programs in effect, those
probably have reduced parking since Mr. Singer’s previous study. They do not increase traffic activity
and there is nothing proposed that would interfere with the safety of the children or the industrial people
in the area.
Mayor Daly closed the Public Hearing.
Extensive discussion and questioning followed wherein Council Members posed questions relative to
how many actual surrounding businesses are involved in the 95% of those signing the petition(s) in
opposition, the statement made that there was no finding that traffic would not be impacted, the number
of employees/trucks presently on the site the school is proposing to convert, etc. Mr. Moresca, staff and
Mr. Jackson answered the questions posed. Joel Fick, Planning Director noted there are findings made
related to traffic issues in the Planning Commission (see Resolution PC99 -35) which made findings that
the traffic and circulation would not be an undue burden to the neighborhood. He also clarified that the
subject application before the Council tonight is just the issue of the proposal “to permit the conversion of
an existing 14,775 square foot industrial building into a private elementary and junior high school
addition.” If denied, it will not affect the existing operation.
Mayor Daly. The school is not proposing to expand the number of students which is probably the single-
most important aspect of the question of traffic and compatibility; however, one more industrial building
which had been master planned and zoned by the City for industrial use will be lost to the school use.
Over time, what was an industrial neighborhood has been allowed to shrink because of the expansion of
a private school over the years. At some point, it becomes unfair to the persons who have invested in
the industrial neighborhood because then limits are placed on what they can do with their industrial
properties. He has generally been uncomfortable allowing private schools (in industrial areas) beyond a
starter school so they can generally move to a new location. This is a situation where Fairmont has been
there for decades but it is simply the issue of continuing expansion of non-industrial uses into master-
planned industrial zones. He feels it is not a good thing and it is not healthy for the area. He agrees with
some of the speakers when a private school gets to a certain size, a true campus is needed. Steps
should be taken to find a better, more suitable location. He has supported the Fairmont School in other
applications but he feels there is a point where they undermine the fundamental master planning of the
industrial zone precluding industrial uses. For those reasons, he will be opposing the request.
Council Member Feldhaus . He concurs with the Mayor’s comments. Farimont School provides a
wonderful service and they have been very successful. Because of their success, they have reached the
point where further expansion is an impingement on the industrial area. The school needs to begin to
look to another property that can better accommodate them without the same density they are
experiencing now and, in his opinion, with some endangerment. The cones placed in the private
driveway is of concern to him. He cannot agree to impact the property any further. It is necessary to
protect the industrial area.
Council Member Kring . There are property rights on both sides. The school was there before the
industrial uses. The proposal will be eliminating one industrial use and will add another buffer from the
school to the industrial area. Her inclination is to go with the Planning Commission and staff. They have
determined there will not be any more impact on the traffic than there is now. Even though they might
like to see Fairmont School move, it is not up to them to have the school find another location.
Intelligent people are involved and they need to work things out. If the current request is approved or
denied, the problem is still going to be there. The parties need to sit down and discuss the matter and
perhaps adjust the hours. Mr. Jackson said it is only about 15 minutes in the morning and afternoon
when the impact is the greatest. At this point, no one is going away.
Mayor Daly. He clarified he is not suggesting Fairmont should move. Most school sites in Anaheim with
700 students have far in excess of six or seven acres. Not only is the school in an industrial area, it is far
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
too dense to serve as a reasonable school site. They should either have industrial zoning or not have it.
It is unfair to the industrial users.
Council Member Tait . He respectfully disagrees. He (Daly) mentioned the density. By approving the
request it will actually decrease the density by making the project larger with the provision that there will
be no more students added. He feels that is the main issue. Because there will be no increase in
students, he cannot see how they will be making the traffic situation worse. He does not see it as an
issue and will, therefore, be voting to approve the request.
Council Member McCracken . She has concerns about the encroachment of schools and other uses into
industrial property. She talked with some of the tenants and owners of the properties. It seems looking
at the adjacent property, not only the ones on the display shown to them, but there is also a public
elementary school across the street at Loara and Broadway and the Betsy Ross School is several blocks
away on Manchester. She disagrees with the Mayor. Accumulating six to ten acres for a school is a
challenge. She opposed the expansion of Fairmont into industrial properties on LaPalma (in the
Northeast Industrial Area) because she saw what was happening throughout the City. The subject
property on three sides is surrounded by residential. She does not see how traffic is going to be
impacted by the proposed change. It will be making it better because it will eliminate the 20 employees
on the site as well as the huge trucks currently exiting and entering the site. As Council Member Kring
noted, other properties indicated they were pressured (to oppose) because they were lessees. She does
not know if they are getting a fair reaction from the businesses.
After additional discussion on the latter issue between the Mayor and Council Member McCracken, the
following actions were taken:
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION :
On motion by Council
Member Tait, seconded by Council Member Kring 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. MOTION CARRIED.
Council Member. Tait offered Resolution No. 99R-91 for adoption granting Conditional Use Permit No.
4075 including the findings and conditions contained in the staff report to the Planning Commission.
Refer to Resolution Book.
RESOLUTION NO. 99R-91 : A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
4075
Roll Call Vote on Resolution Nos. 99R-91 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS : Feldhaus, Daly
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution Nos. 99R-91 duly passed and adopted.
Roll Call Vote on Resolution Nos. 99R-88 and 99R-89, for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
The Mayor declared Resolution Nos. 99R-88 and 99R-89, duly passed and adopted.
PUBLIC HEARINGS – ADOPTION OF 1998 EDITION OF THE CALIFORNIA BUILDING
D2:
STANDARDS CODE; 1996 AND 1997 EDITIONS OF THE UNIFORM CODES AND THE 1997
EDITION OF THE UNIFORM FIRE CODE AND AMENDMENTS TO FIRE DEPARTMENT
FEES:
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News : April 22, 1999
Amendment to Publication in North County News : April 29,1999
Submitted was joint report dated May 11, 1999 from the Planning and Fire Departments recommending
that, following completion of the Public Hearings, the Council adopt a resolution setting forth local
conditions justifying modifications to the Uniform Codes, adopt the Ordinances related thereto, approve a
motion certifying that the adoption of a Resolution setting forth fees for services rendered by the Fire
Department is categorically exempt under the California Environmental Quality Act, and adopting a
Resolution establishing and modifying fees for the Fire Department.
Mayor Daly opened the Public Hearing and asked to hear from any member of the public who wished to
speak on the subject; there being no response, he closed the Public Hearing.
Mayor Daly then posed questions to staff relative to amendments that were approved the last time, those
to be approved this time and a brief summary of each; Joel Fick, Planning Director answered the
questions posed. Gary Wilder, Fire Marshal explained that the smoke detector revisions are under the
Alarm System amendment. The language referring to smoke detectors has been deleted because they
are now adequately covered in the 1997 code. Julie Kunze, Deputy Fire Marshal clarified that relative to
the underground storage tank section, there was some additional language that was more restrictive that
has now been eliminated to go along with the County-wide (language). But the Anaheim Fire
Department’s standards themselves are somewhat more restrictive than State law. On above ground,
they actually went with the County proposal which is much less restrictive than what the Fire Department
has now – the department has increased from 2,200 gallons aggregate to 12,000 gallons aggregate.
Mayor Daly offered Resolution Nos. 99R-92 and 99R-94 and Ordinance Nos. 5678 and 5679 for
adoption. Refer to Resolution/Ordinance Book.
RESOLUTION NO. 99R-92 : A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS
JUSTIFYING AMENDMENTS TO THE 1998 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE INCORPORATING THE
1997 EDITIONS OF THE UNIFORM BUILDING, MECHANICAL AND
PLUMBING CODES, THE 1996 EDITION OF THE NATIONAL
ELECTRICAL CODE AND JUSTIFYING AMENDMENTS TO THE 1997
EDITIONS OF THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB,
AND SOLAR ENERGY CODES.
ORDINANCE NO. 5678: (ADOPTION) : A ORDINANCE OF THE CITY OF
ANAHEIM REPEALING EXISTING CHAPTER 15.02 AND ADDING NEW
CHAPTER 15.02 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE
ADOPTING BY REFERENCE WITH AMENDMENTS THE 1998 EDITION
OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
CALIFORNIA CODE OF REGULATIONS, TITLE 24, INCORPORATING
THE 1997 EDITIONS OF THE UNIFORM BUILDING CODE, THE
UNIFORM MECHANICAL CODE, THE UNIFORM PLUMBING CODE, AND
THE 1996 EDITION OF THE NATIONAL ELECTRICAL CODE; ADOPTING
BY REFERENCE THE 1997 EDITION OF THE UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS, ADOPTING BY
REFERENCE WITH AMENDMENTS THE 1997 EDITIONS OF THE
UNIFORM SOLAR ENERGY CODE, THE SWIMMING POOL, SPA AND
HOT TUB CODE; AND ADOPTING BY REFERENCE DIVISION 1,
CHAPTER, SUBCHAPTER 1 OF THE CALIFORNIA CODE OF
REGULATION, TITLE 25, INCORPORATED THE 1997 EDITION OF THE
UNIFORM HOUSING CODE.
RESOLUTION NO. 99R-93 : A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS
JUSTIFYING AMENDMENTS TO THE 1998 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS CALIFORNIA
CODE OF REGULATIONS, TITLE 24, INCORPORATING THE 1997
UNIFORM FIRE CODE, REGARDING FIRE AND PANIC SAFETY.
ORDINANCE NO. 5679: (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM REPEALING EXISTING CHAPTER 16.08 AND ADDING NEW
CHAPTER 16.08 OF THE ANAHEIM MUNICIPAL CODE ADOPTING BY
REFERENCE WITH AMENDMENTS THE 1998 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS CALIFORNIA
CODE OF REGULATIONS, TITLE 24, INCORPORATING THE 1997
EDITION OF THE UNIFORM FIRE CODE.
Roll Call Vote on Resolution Nos. 99R-92 and 99R-93, 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 Nos. 99R-92 and 99R-93, duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5678 and 5679, for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Ordinance Nos. 5678 and 5679, duly passed and adopted.
MOTION. Mayor Daly offered a motion certifying that the adoption of a
Resolution setting forth fees for services rendered by the Fire Department is
categorically exempt under the California Environmental Quality Act
( CEQA ), Public Resources Code section 21080 (b) (8), and California Code
of Regulations Section 15273 in that the fees are required to cover the
costs of the services and do not exceed the actual costs of such services.
Council Member McCracken seconded the motion. MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 11, 1999
RESOLUTION NO. 99R-94 : A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM REVISING FEES FOR SERVICES RENDERED
BY THE FIRE DEPARTMENT AND ESTABLISHING THE EFFECTIVE
DATE OF FEES.
Roll Call Vote on Resolution Nos. 99R-94 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 Nos. 99R-94 duly passed and adopted.
COUNCIL COMMENTS:
C2.
Council Member Feldhaus :
He asked to again agendize a personnel matter for the next Closed
Session at the Council Meeting of May 18, 1999 to continue discussion on City Management.
ADJOURNMENT: By general Council consent, the City Council Meeting of May 11, 1999 was
adjourned (7:55 P.M.).
LEONORA N. SOHL
CITY CLERK
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