1999/06/15ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 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
PLANNING DIRECTOR : Joel Fick
PUBLIC UTILITIES GENERAL MANAGER : Ed Aghjayan
COMMUNITY SERVICES DIRECTOR : Chris Jarvi
PARKS SUPERINTENDENT : Jack Kudron
FIRE CHIEF : Jeff Bowman
ACTING POLICE CHIEF : Roger Baker
ZONING DIVISION MANAGER : Greg Hastings
EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT : Lisa Stipkovich
EXECUTIVE DEPUTY DIRECTOR COMMUNITY DEVELOPMEN T: Richard Bruckner
PURCHASING AGENT : Diane Hughart
TRAFFIC/TRANSPORTATION MANAGER : John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:45 p.m. on
June 11, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
106: FISCAL YEAR 1999/2000 DEPARTMENTAL BUDGET WORKSHOP (Continuation) :
The
following Department Heads gave an overview of their department’s proposed budget, some explaining
their objectives for the coming year and accomplishments in the past fiscal year. Questions were also
posed by Council Members during and at the conclusion of the presentations which were answered by
the respective Department Head and/or appropriate staff.
Executive Director of Community Development, Lisa Stipkovich - Community Development
Department - Budget Document Pages 40 – 45. Presentation was supplemented by slides. (Community
Development consists of Redevelopment, Economic Development, Housing & Neighborhood
Preservation, Housing Development & CDBG Administration, and Job Training). She gave an overview
of the six Redevelopment Project Areas – Project Alpha; Northeast Industrial Area/Anaheim Canyon
Business Center and River Valley Project; Anaheim Plaza Project; West Anaheim Commercial
Corridor/ Brookhurst Corridor; Commercial-Industrial Project/Anaheim Boulevard and the Stadium
Project. The Mayor asked that Mrs. Stipkovich bring back her thoughts on the next steps on the
Brookhurst corridor which would be helpful for the Council.
After questions posed by the Mayor and Council Members on the Project Areas and other issues, Mrs.
Stipkovich also addressed the Housing Element which was broached earlier in the Planning Department
presentation ; Mayor Daly asked that they be given frequent updates on the issue. He feels it is important
that they always point out how Anaheim has kept its commitments in previous Housing Elements. The
Mayor also asked, relative to the Tustin Avenue Bridge project, if they were paying for the full amount of
that improvement; Mrs. Stipkovich explained there was a matching fund opportunity and Public Works is
trying again. They have to show when they apply for the grant that there are matching funds available.
The Mayor asked for a follow-up memo on the status of the Tustin Avenue Bridge (at the 91) and what
staff has tried to do thus far relative to funding. Council Member Feldhaus also expressed his preference
that Redevelopment sources be avoided as a funding source for the Tustin Avenue bridge; Mayor Daly.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
He feels the same way and stated that hopefully they can seek some Caltrans or OCTA assistance for
that project.
In concluding, the Mayor asked that the Council be provided with hard copies of the information provided
in the slide presentation. He also remarked that was one of the best overviews he has ever seen of
everything Community Development has and is working on and the scope of the projects.
Acting Chief of Police, Roger Baker - Police Department - Budget Document Pages 68 – 71. See
Booklet - Anaheim Police Department 1999/2000 Budget Presentation which contained hard copies of
the slide presentation – made a part of the record. (The cover page stated “Reported Crime Continues
to Remain at a 20-year Low”. Chief Baker’s presentation elaborated on the reasons why.)
Fire Chief, Jeff Bowman - Fire Department - Budget Document Pages 60 and 61. See Booklet
submitted – 1999/2000 Budget Plan – Fire Department – which contained hard copies of the Power Point
slide presentation – made a part of the record. During his presentation, Chief Bowman reported on the
experience with CARE Ambulance. He noted since they have been on board, they have done an
outstanding job for the community. Although the slide indicates the patient transportation has resulted in
a 94% on-time arrival, they are edging closer to 96% on-time arrival which is a great deal better than
they have ever seen at any time in the history of Anaheim. He also addressed the Paramedics
Subscription
Program the revenues from which are expected to decrease. Staff has prepared a report on the issue
which will be submitted to the Council on Friday.
Public Utilities General Manager, Ed Aghjayan – Public Utilities Department – Budget Document Pages
72 – 75. (Electric and Water Utilities) He noted they are down about 54 positions, approximately 17-
18%. Every year they look at every way possible to cut costs to find more money to pay off their
stranded costs. Those costs were over $300 million in 1995-96 and have been cut in half. Over the next
year they will be cut another $36 million and expected to be down to market rate by June of 2002. The
date required for the investor-owned utilities is December of 2001. They will do everything possible to
get to the same date. When they buy down the stranded costs, they will be able to pass on an additional
rate decrease to customers because there will be no further collection of the competitive transition
charges. One of the most significant things that happens next year is that the rate stabilization account
which was adopted in 1986 will finally be exhausted around November. (He briefed the history on how
and why the rate stabilization account was established.)
City Manager Ruth. This concludes the departmental budget presentations. The Public Hearing on the
budget will be reconvened at the 5:00 P.M. portion of the Council Meeting following which will be
resolutions to be acted upon as well as a motion adopting the 1999/2000 Budget.
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:
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.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
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., vs. City of Anaheim, Orange County Superior Court Case
No. 79-78-04
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
4.
Title:
City Manager.
5. CONFERENCE WITH LABOR NEGOTIATOR:
Agency Designated Representative :
Dave Hill
Employee organization :
AFA Labor Negotiations, and City Clerk Recruitment.
RECESS:
Mayor Daly moved to recess into Closed Session. Mayor Pro Tem McCracken seconded the
motion. MOTION CARRIED. (4:47 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of June 15, 1999 to order and welcomed those in
attendance. (5:25 p.m.)
INVOCATION: Pastor Jimmy Gaston, from the Church of Christ gave the invocation.
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag.
1. 119: PRESENTATIONS:
INTRODUCTION:
Mayor Daly first introduced visiting dignitaries who were in the Chamber audience –
Presidents of the Community Colleges that serve the Anaheim area -- Dr. Marjorie D. Lewis, President of
Cypress College and Dr. Michael Vierra, President of Fullerton College.
Dr. Marjorie Lewis. She explained that they were both appointed President of their respective colleges a
few months ago and wanted to take this opportunity to introduce themselves and to express how pleased
they are to have been appointed to their positions and to serve the residents of the City. They hope to
continue to work cooperatively with the City as in the past and with the residents on the Community
College programs they offer. They brought with them some brochures and catalogs for distribution.
Dr. Michael Vierra . He is pleased to be present. They are looking forward to a long relationship with
Anaheim and meeting the needs of the students of the City.
Mayor Daly. The City has a great working relationship with the Community College District and look
forward to working together.
PRESENTATION/INTRODUCTION - 1999 ANAHEIM ARTS COUNCIL GRANT RECIPIENTS:
Carol
Latham, President Anaheim Arts Council. She is pleased to be present to introduce the representatives
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
of the Arts and Cultural organizations who will be receiving the subject grants. She first noted and gave
background on the Anaheim Arts Council established in 1973 to be the advisory body to the City in all
cultural activities. This year, the Allocation Committee had a formidable task in evaluating the many
applications received. Representatives of the recipient organizations were present ;she asked them to
stand. The recipients for 1999 were as follows : Altrusa International, Anaheim Art Association, Anaheim
Ballet, Anaheim City School District, Anaheim Museum, Anaheim Sister Cities Association, Anaheim
Union High School District, Ana Modjeska Players, Boys and Girls Clubs of Anaheim, City of Anaheim –
Art Classes at Ponderosa Park – Artmobile – Ballet Folklorico – “Just for Kids” Theatre Series –
Therapeutic Musical Theatre Troupe, Ebell Club, Harp Build, Hope University, Imagination Celebration,
Iris Professional Auxiliary, Michael L. Roston Creative Writing Contest, Red Cross House and Larry
Hirschler from James Guinn.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
DECLARATION recognizing John Gravis, World War I veteran, on receiving the Legion d’Honneur from
France.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $2,718,844.48 for the period ending June
3,1999 in accordance with the 1998-99 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Anaheim Redevelopment Agency. (5:38
p.m.)
Mayor Daly reconvened the City Council Meeting. (9:57 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Seferino Garcia, 1233 Diamond Street, Anaheim. (1 ) Relative to an Advisory Board (for the Jeffrey-
Lynne Plan), he feels it would be appropriate if members of the community sat down with City staff to
draft criteria for the Advisory Board. (2) He was present a couple of years ago about naming Manchester
Avenue after Cesar Chavez, Founder of the Farm Worker’s Union. He has never heard anything back.
They would like the Council and City staff to assist them in this endeavor and would like to hear back
within 10 days. If not, at the next meeting he will come back with a formal proposal.
Mark Boyd, 3180 W. Stonybrook Avenue, Anaheim. He lives by Twila Reid Park and is asking the
Council to remove league soccer play from that park. He and his daughter cannot use the park because
league play is always there. He would also like additional parking patrol in that neighborhood. They
have permit parking and have had to call the Police Department several times to have it enforced.
Mayor Daly. They will have staff look into both issues and respond. He asked if relative to parking it
involved illegal parking in the public parking area; Mr. Boyd answered, on Stonybrook.
Linda Lee Grau , 24 Morning Dove, Irvine. She spoke on the denial of the request of Savas Roditis for a
permit for 100 cabs in Anaheim
PUBLIC COMMENTS – AGENDA ITEMS:
See discussion under items A14, A17, A28 and A33.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of June 15 , 1999. Council Member Kring seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A32 :
On motion by Mayor Daly,
seconded by Council Member Kring , the following items were approved in accordance with the reports,
certifications and recommendations furnished each Council Member and as listed on the Consent
Calendar. Mayor Daly offered Ordinance No. 5688 for first reading
A1. 118: Reje cting 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 Jung Hee Kim, c/o Bollington, Lousbury, and Chase for equitable
indemnity sustained purportedly due to actions of the City on or about April 1, 1998.
b. Claim submitted by Imad El Halwani for bodily injury sustained purportedly due to actions of
the City on or about February 16, 1999.
c. Claim submitted by Michael Alexander, c/o Frank J. Lozoya, IV, Esq., for bodily injury
sustained purportedly due to actions of the City on or about November 20, 1998.
d. Claim submitted by Coast National Insurance Co., c/o Bayview Adjustment Bureau, Inc., for
bodily injury and sustained purportedly due to actions of the City on or about December 9, 1998.
e. Claim submitted by Sylvia Higgins for bodily injury sustained purportedly due to actions of the
City on or about July 7, 1998
f. Claim submitted by John A. Roach for b odily injury sustained purportedly due to actions of the
City on or about July 14, 1998.
g. Claim submitted by Lorena Diep for bodily injury sustained purportedly due to actions of the
City on or about May 18, 1998.
h. Claim submitted by Rosalba M. Reyes, for property damage sustained purportedly due to
actions of the City on or about January 31, 1999.
.
A2. 105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission
meeting held March 17, 1999.
173: Receiving and filing Application No. 99-05-044 from the Southern California Gas Company
before the California Public Utilities Commission to request approval to increase tariff rates for
the installation of earthquake shut-off valves.
105: Approving minutes of the Anaheim Public Library Board meeting held May 5, 1999.
128: Receiving and filing the Monthly Financial Analysis for ten months ended April 30, 1999, as
presented by the Finance Director.
A3. 169: Awarding a contract to the lowest responsible bidder , Computer Service Company, in the
amount of $1,418,818.35 for the Anaheim Resort Area Neighborhood Street Light Improvement
Project; and in the event said low bidder fails to comply with the terms of the award, awarding
the contract to the second low bidder, as well as waiving any irregularities in the bids of both the
low and second low bidders.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
A4. 158: Approving an Acquisition Agreement for real property located at 1126 West Katella Way
(R/W 5180-73) – Katella Avenue Smart Street Improvement Project and Anaheim Resort Area
Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and
authorizing the acquisition payment of $104,000 to Rajiv N. Desai.
A5. 158: Approving an Acquisition Agreement for property located at 888 West Ball Roa d (R/W
5240-7) – Ball Road and West Street and the Anaheim Resort Area Improvement Project;
authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition
payment of $13,155 to Orange County Transportation Authority.
A6. 123: Approving a First Amendment to Agreement with DGA Consultants, Inc., in an amount not
to exceed $207,500 for professional engineering design services in connection with the parking
lot at Edison International Field of Anaheim.
A7. 123: Approving a First Amendment to Agreement with Computer Services Company, to
exercise the first-year option to renew for one additional year traffic signal maintenance services
at no price increase.
A8. 158: Approving a First Amendment to an Acquisition Agreement for property located at 110-216
West Katella Way and 1844 Haster Street (R/W 518-43 A&B ) – Katella Avenue Smart Street
Improvement Project and the Anaheim Resort Area Improvement Project; authorizing the Mayor
and City Clerk to execute said Amendment; and authorizing the acquisition payment of $529 to
Grover Escrow Corporation.
A9. 106: Amending the Department of Public Works operating budget by $517,200 to accelerate
implementation of the Year 2000 traffic signal control improvements; and authorizing the
Purchasing Agent to sole-source acquisition 41 of 2070-N controllers.
A10. 123: Approving Agreement No. C-9-9164 between the City and Orange County Transportation
Authority, for funding for the TravelTIP Interface.
A11. 160: Accepting the low bid of Southwest Power Inc., in an amount not to exceed $30,180.72 for
electrical connectors for the period of one year, beginning July 1, 1999, through June 30, 2000,
with three one-year optional renewals, and authorizing the Purchasing Agent to exercise renewal
options, in accordance with Bid #5944.
A12. 160: Accepting the bid of Candy Cane Cleaners, in an amount not to exceed $30,000 for laundry
service, as required for a period of one-year commencing July 1, 1999, through June 30, 2000,
with two one-year optional renewals; and authorizing the Purchasing Agent to exercise the
renewal options, in accordance with Bid #5931.
A13. 160: Accepting the low bid of Preferred Paving Company, Inc., in an amount not to exceed
$64,768 for the repair of the asphalt parking lot at the Police Department Facility, in accordance
with Bid #5945.
A14. 160: Accepting the low bid of Waxie Sanitary Supply, in an amount not to exceed $75,790.13 for
janitorial supplies as required for the period of one year, beginning July 1, 1999, through June
30, 2000, with three one-year optional renewals; and authorizing the Purchasing Agent to
exercise renewal options, in accordance with Bid #5938.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
Council Member Tait . His firm has done work for Waxie. He is, therefore, declaring a conflict and will
abstain from voting on this item.
A15. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase
order to Simplex Time Recorder Company, in the amount of $78,994 for supplying and installing
a fire system upgrade for the Convention Center.
A16. 160: Accepting the bid of Wesco Utility, in the amount of $206,721 for 34 three phase padmount
transformers, in accordance with Bid #5943; and accepting the bid of Kuhlman Electric
Corporation, in the amount of $1,493 for one single-phase padmount transformer, in accordance
with Bid # 5943.
A17. 160: Accepting the bid of Uniform Center, in an amount not to exceed $223,794 for police
uniforms and equipment 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 #5930.
Council Member Tait . He noted that only one bid was received on this item. He asked if they went to
every uniform company within a 12-mile radius.
Diane Hughart , Purchasing Agent. She answered, Yes. They try to keep it within a certain radius
because the officers have to travel back and forth from the business. Only one responded.
A18. 160: Accepting the low bid of Nobest , Inc., in an amount not to exceed $978,585 for the removal
and replacement of residential sidewalks, curbs, parkways, gutters, catch basins, and access
ramps, 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, in
accordance with Bid #5927.
A19. 160: Authorizing the Purchasing Agent to issue purchase orders, in an amount not to exceed
$685,908 for 61 padmount switches for Warehouse Stock.
A20. 160: Authorizing the Purchasing Agent to issue purchase orders, as required, in an amount not
to exceed $3,670,159 for approximately 757,600 feet of various sizes/types of cable and wire for
Warehouse Stock and use by the Utilities Department.
A21. 160: Authorizing the Purchasing Agent to issue purchase orders in an amount not to exceed
$1,453,570 for the purchase of approximately 383 transformers, to be used by the Public Utilities
Department.
A22. 160: Ratifying the issuance of an emergency purchase order to Power Design, in a total amount
not to exceed $44,550 for the replacement of the Uninterruptible Power Supply (UPS) System at
the Police Department, in accordance with Bid #5957.
A23. 139: Appro ving the recommended positions on the following legislative proposals, and
communicating their position to appropriate representatives in Sacramento:
(1) OPPOSE – SB 1277 ( Hayden) regarding the construction of the Foothill South Toll Road
Project.
(2 ) SUPPORT – State Budget Funding: Public Library Foundation.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
A24. 142: ORDINANCE NO. 5688 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section .150 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code
appointing the Building Official as the Chief Building Inspector and Building Official.
A25. 123: Approving an Agreement with Major League Softball, Inc., for the period of July 1, 1999,
through June 30, 2002, for scorekeeping, umpiring, and tournament services.
A26. 156: Accepting a grant award in the amount of $100,000 from the Office of Criminal Justice
Planning for first year funding for the Suppression of Drug Abuse in Schools Program, and
authorizing the Acting Chief of Police to execute all required grant documents; and amending the
Police Department 1999/00 budget by increasing revenues and expenditures, in the amount of
$100,000.
A27. 123: Approving a Lease Agreement with Mobile Modular Management Corporation, in an
amount not to exceed $24,835.95 for a period of two years, for a modular unit to be used as a
Temporary Resort District Police Service Center; and approving a License Agreement with
McDonald’s Corporation, in the amount of $1 per year for a period of two years, to place a
modular unit on portion of the McDonald’s facility located at 1500 S. Harbor Blvd, to used as a
Temporary Resort District Police Service Center, and authorizing the City Manager to execute
the Agreement.
A28. 123: Approving a JTPA Agreement with the Anaheim Union High School District ( AUHSD), in
the amount of $530,000 to provide for work experience and related academic enrichment
activities for youth participants, and authorizing the City Manager to execute said Agreement and
any modifications.
Approving a JTPA Agreement with North Orange County Regional Occupational Program
( NOCROP), in the amount of $200,000 to provide work experience and related academic
enrichment activities for JTPA youth participants, and authorizing the City Manager to execute
said Agreement and any modifications.
Judith Serafini , 278 N. Wilshire , Anaheim. Relative to this item, over the years Solevar and community
members have consistently supported any type of funding through CDBG and other resources for JTPA.
They are pleased to see they are doing outreach for other funding sources. She asked that they please
continue to do so since it makes a difference to inner-City youth.
A29. 161: To consider approving a Cooperation Agreement with the Anaheim Redevelopment Agency
and Anaheim Housing Authority regarding the Jeffrey-Lynne Neighborhood Revitalization Plan.
See Housing Authority Minutes of today’s date, June 15, 1999, items 1 and 2 where there was
extensive input and discussion. The item was subsequently continued to July 13, 1999.
A30. 153: RESOLUTI ON NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM providing for additional temporary partially paid military leave of absence
and continuation of benefits for City Employees called to active duty with the Armed Forces of
the United States.
Authorizing the maintenance of group medical, dental, life insurance, and psychological
assistance benefits.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
Council Member Feldhaus requested a continuance on this item for one week; City Manager Ruth stated
that it would not be a problem.
MOTION. Council Member Feldhaus moved to continue Item A30 for one week. Mayor Daly seconded
the motion. MOTION CARRIED.
A31. 128: Approving the Fiscal Year 1998/99 net write-off of uncollectable accounts totaling
$679,215 with the Sanitation Division’s portion of the bad debt write-off at $168,011 as
recommended by the Public Utilities Board at their meeting held June 3, 1999. The
recommended write-off amount represents 0.233% of the current year’s revenue of
$291,841,516.
A32. 114: App roving minutes of the Anaheim City Council meeting held May 18, 1999.
END OF THE CONSENT CALENDAR. MOTIONS CARRIED.
5:00 P.M. PUBLIC HEARING - CITY BUDGET:
A33. 106: Mayor Daly reconvened the continued
Public Hearing on the 1999/2000 City Budget. (Also see minutes of previous departmental
workshops/public hearing on the Budget held June 8, 1999 (Special Meeting and Regular Meeting )and
the afternoon session of today’s meeting, June 15, 1999, Special Meeting and Regular Meeting).
Mayor Daly opened the continued Public Hearing and asked to hear from anyone who wished to speak
on the City Budget; City Attorney White stated this would also be the appropriate time to receive
comments on the fee schedule.
Linda Lee Grau , 24 Morning Dove, Irvine. She spoke to what she perceived as a 1 .5% increase in the
budget; Council Member McCracken noted that, in fact, there was a decrease of 3.8% from FY1998/99.
Mayor Daly closed the Public Hearing.
MOTION: On motion by Mayor Daly, seconded by Council Member Kring, the City Council received and
filed the recommendation of the Budget Advisory Commission. MOTION CARRIED.
Council Member Tait noted that relative to proposed resolution, Item C., that he lives in Community
Facilities District 1989-2 and asked if that would create a conflict for him; City Attorney White. He looked
into the issue when it came up last year and concluded there was no conflict since the action affects a
significant segment of the community in the same manner.
Mayor Daly offered Resolution No. 99R-110 through 99R-113, both inclusive, for adoption. Refer to
Resolution Book.
A. RESOLUTION NO. 99R- 110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM adopting the annual appropriations limit of $480,383,518 for the fiscal year 1999/00.
B. RESOLUTION NO. 99R- 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting the Community Facilities District No. 1989-1 (Sycamore Canyon) annual
appropriations limit of $175,908,376 for the fiscal year 1999/00.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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C. RESOLUTION NO. 99R- 112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting the Community Facilities District No. 1989-2 (The Highlands) annual
appropriations limit of $175,908,376 for the fiscal year 1999/00.
D. RESOLUTION NO. 99R- 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting the Community Facilities District No. 1989-3 (The Summit) annual
appropriations limit of $175,908,376 for the fiscal year 1999/00.
Roll Call Vote on Resolution Nos. 99R-110 through 99R-113, both inclusive, 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-110 through 99R-113, both inclusive, duly passed and
adopted.
Mayor Daly. The next group of resolutions are a series of recommendations regarding establishment of
fees for various services. There was some discussion of holding off on a couple ; Council Member Tait.
He would like to continue Items K, L, M and O for one week.
Mayor Daly asked the City Manager if there was any time constraint involved ; City Manager Ruth
answered there is no problem. Staff will be happy to spend whatever time it takes to review the items
with those who wish to do so.
Mayor Daly offered Resolution Nos. 99R-114 through 99R-120, both inclusive, for adoption (Item E, F,
G, H, I, J and N. Refer to Resolution Book.
E. RESOLUTION NO. 99R- 114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing fees to be charged for Community Services Department programs and
services commencing on September 1, 1999.
F. RESOLUTION NO. 99R- 115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM adjusting the amount of the fee for the Public Libraries Facility Plan for the East
Santa Ana Canyon Area.
G. RESOLUTION NO. 99R- 116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing the amount of the park in-lieu fee and rescinding Resolution No. 98R-
122.
H. RESOL UTION NO. 99R- 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending the green fees and cart rental fees to be charged at the Dad Miller Golf
Course and the Anaheim Hills Golf Course.
I. RESOLUTION NO. 99R- 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing a schedule of rates to be charged for rental of space and for certain
labor, equipment and services at the Anaheim Convention Center commencing January 1, 2000.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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J. RESOLUTION NO. 99R- 119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing rates to be charged for licensing and for certain labor, equipment and
services at City parking lot events at Edison International Field of Anaheim commencing January
1, 2000.
N. RESOLUTION NO. 99R- 120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM adopting a new schedule of sanitation charges.
Roll Call Vote on Resolution Nos. 99R- 114 through 99R-120, both inclusive, 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- 114 through 99R-120, both inclusive, duly passed and
adopted.
MOTION. Council Member Tait moved to continue Item A33 ., K, L, M and O for one week. Council
Member Kring seconded the motion. MOTION CARRIED.
K. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM adopting new fee schedule for planning, zoning and land use petitions, permits,
approvals, appeals, and inspections.
L. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM adopting new fee schedule for building and construction.
M. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM establishing fees to be charged by the Public Works Department of the City of
Anaheim.
O. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending rates, rules and regulations for the sale and distribution of electricity and
water as adopted by Resolutions Nos. 71-478 and 72-600 and most recently amended by
Resolutions Nos. 97R-235 and 97R-97.
Mayor Daly. The City Manager has presented a well-crafted plan for the coming fiscal year emphasizing
the priorities of the Council, City safety, and City-wide beautification. It is also a very cost-effective
budget.
106: MOTION - ADOPTING THE 1999/2000 CITY BUDGET:
Mayor Daly moved to adopt the
1999/2000 City Budget incorporating the six modifications enumerated by the City Manager at the
departmental budget workshop today (see Special Meeting held today, June 15, 1999 at 2:00 P.M. listing
the six items). Council Member McCracken seconded the motion. MOTION CARRIED.
A34. Approving the following classification and compensation changes to implement the fiscal year
1999/00 budget (creating 20 new classifications, deleting 14 obsolete classifications, and changing the
salary range for four classifications, effective June 25, 1999)
Mayor Daly. The proposed resolutions implement classification changes. He thereupon offered
Resolution Nos. 99R-121 through 99R-124, both inclusive, for adoption. Refer to Resolution Book.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
RESOLUTION NO. 99R- 121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Resolution No. 92R-19, which established rates of compensation for
classification designated at Executive Management.
RESOLUTION NO. 99R- 122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending Resolutions No. 92R-21 and 92R-22, which established rates of
compensation for classifications designated at Middle Management and Administrative
Management.
RESOLUTION NO. 99R- 123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending Resolutions No. 92R-18 and 92R-20, which established rates of
compensation for classifications designated at Professional and Supervisory.
RESOLUTION NO. 99R- 124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM establishing rates of compensation for classifications assigned to the General Unit
represented by the Anaheim Municipal Employees Association.
Roll Call Vote on Resolution Nos. 99R-121 through 99R-124, both inclusive, 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-121 through 99R-124, both inclusive, duly passed and
adopted.
Council Member Feldhaus left the Council Chamber temporarily (10:26 P.M.).
A35. Approving the following classification and compensation changes for Unrepresented Part-Time
classifications to implement the fiscal year 1999/00 budget (adjusting rates of compensation for
29 classifications, creating five new classifications, deleting 10, effective June 25, 1999; and
effective June 23, 2000, adjusting rates of compensation for 51 classifications:
Mayor Daly offered Resolution No. 99R-125 for adoption.
RESOLUTION NO. 99R- 125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM amending Resolution No. 97R-101 which established rates of compensation for
Unrepresented Part-Time classifications.
Roll Call Vote on Resolution No. 99R-125 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
TEMP ABSENT : MAYOR/COUNCIL MEMBERS: Feldhaus
The Mayor declared Resolution No. 99R-125 duly passed and adopted.
Council Member Feldhaus entered the Council Chamber (10:29 P.M.).
ITEMS B1 – B9 FROM THE PLANNING COMMISSION MEETING OF
MAY 24, 1999 - INFORMATION ONLY
APPEAL PERIOD ENDS JUNE 15, 1999:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
CONDITIONAL USE PERMIT NO. 4113, CEQA NEGATIVE DECLARATION
B1.
OWNER:
Andrew Y. Lui, 1458 James Way, Anaheim, CA 92801
AGENT:
Shanti Dewan, 6540 East Carnegie Avenue, Anaheim, CA 92807
LOCATION: 500 North Brookhurst Street - La Estrella Restaurant. Property is 1.19 acre located
at the northeast corner of Brookhurst Street and Alameda Avenue.
To permit a restaurant with sales of alcoholic beverages for on-premises consumption including
a bar, entertainment, dancing and banquets.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4113 GRANTED for one year (to expire 5/24/2000) ( PC99-86)
(6 yes votes, 1 absent).
Approved negative Declaration.
This item was previously appealed by the applicant to be set for a Public Hearing.
Council Member Kring requested a review of the Planning Commission’s decision; Council Member Tait
concurred. Therefore, a Public Hearing will be set at a later date at the request of the Council.
CONDITIONAL USE PERMIT NO. 3823, AND NEGATIVE DECLARATION:
B2.
OWNER:
Calvin and Claudia Williams, 4310 Bergamo Drive, Encino, CA 91436
AGENT:
Williams V. Connors, 5693 East Orangethorpe Avenue, Anaheim, CA 92807
LOCATION: 5693 East Orangethorpe Avenue - All American Sports Pub. Property is 1.9 acres
located at the northwest corner or Orangethorpe Avenue and Imperial Hwy.
To consider reinstatement of this permit which currently contains a time limitation (approved on
March 4, 1996 to expire on March 4, 1999) to retain a sports bar with sales of beer and wine for
on-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3823, to expire 3/4/2001 ( PC99-87)
(6 yes votes, 1 absent).
CONDITIONAL USE PERMIT NO. 4002, AND CATEGORICALLY EXEMPT-CLASS 21:
B3.
INITIATED BY :
City-initiated (Code Enforcement Division), 200 S. Anaheim Blvd., Anaheim,
CA 92805
OWNER:
Rollins Properties, Inc. One Rollins Place, Wilmington, Delaware, CA 19803
LOCATION :1801 East Ball Road - Hertz Equipment Rental. Property is 1.52 acres located on
the north side of Ball Road, 490 feet west of the centerline of State College Boulevard.
City-initiated (Code Enforcement Division) request to consider revocation or modification of
Conditional Use Permit No. 4002 which permits a large equipment storage and rental yard.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 4002 modified ( PC99-88) (6 yes ,1 absent) – This item is to be readvertised for a
planning commission public hearing in 6 months to
reconsider this request.
To consider reinstatement of this permit which currently contains a time limitation (originally
approved on June 10, 1996 currently to expire on June 10, 1999) to retain tire sales and
installation, automobile repair with accessory sales of parts, and used automobile sales.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of CUP NO. 3843, To expire 6/10/2000 ( PC99-89)
(6 yes votes, 1 absent).
Negative Declaration previously approved.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
VARIANCE NO. 4358 CATEGORICALLY EXEMPT - CLASS 15061(b)(3):
B5. ,
OWNER:
Horvath Enterprises, Attn: Mike Horvath, 164 Liberty Avenue, Anaheim, CA 92801
AGENT:
Facility Builders & Erectors Inc., Attn: Susan Anthony, 2903 Saturn St., Suite C, Brea,
CA 92821
LOCATION: 164 East Liberty Avenue - Amron Manufacturing. Property is 0.70 acre located on
the south side of Liberty Avenue, 505 feet east of the centerline of Lemon Street.
Waiver of required dedication and improvement of right-of-way to construct a 3,200 square foot
storage shed.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4358 GRANTED ( PC99-90) (6 yes votes, 1 absent).
CONDITIONAL USE PERMIT NO. 3837, AND NEGATIVE DECLARATION:
B6.
OWNER:
Peartree Land Management, 155 Riverview Drive, Anaheim, CA 92808
AGENT:
Nextel Communications Inc., Attn: Barbara Saito, 17275 Derian Ave., Irvine, CA 92614
LOCATION: 155 North Riverview Drive.
Property is 1.34 acres located at the northwest
corner of Santa Ana Canyon Road and Riverview Drive.
To permit additional roof-mounted telecommunications equipment and a ground-mounted
equipment shelter in conjunction with an existing office building.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3837 APPROVED, as readvertised ( PC99-91) (5 yes votes,
1 abstained, and 1 absent).
Approved Negative Declaration.
REPORT AND RECOMMENDATION ITEMS:
CONDITIONAL USE PERMIT NO. 4102 - REQUEST FOR REVIEW AND APPROVAL OF
B7.
REVISED PLANS :
Thrifty Oil Company, Attn: Vincent Le Pore, 13539 East Foster Road, Santa
Fe Springs, CA 90670, requests review and approval of revised elevation, signage, and landscape
plans for recommendation to City Council. Property is located at 2800 West Ball Road (Arco).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended to City Council approval of revised elevation, signage and landscape plans.
Mayor Daly asked if both B7. and B9. were now moot because of recent actions by the Council.
Greg Hastings, Zoning Division Manager. Both of these items were acted upon by the City Council last
week. (See minutes of June 8, 1999, Public Hearing Items D2. and D3. where the Public Convenience
and Necessity Determination was denied on both CUP 4101 and CUP 4102 and subsequently both
applications were then withdrawn by the applicant.) He confirmed for the Mayor that those previous
actions are not jeopardized and will stand.
CONDITIONAL USE PERMIT NO. 4090 - REQUEST FOR DETERMINATION OF
B8.
SUBSTANTIAL CONFORMANCE, AND NEGATIVE DECLARATION :
Michael Hearn, 8180 East
Kaiser Boulevard, Anaheim, CA 92808, requests a determination of substantial conformance for
final landscape and elevation plans. Property is located at 2890 East La Palma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Final landscape and elevation plans determined to be in substantial conformance.
Negative De claration previously approved.
CONDITIONAL USE PERMIT NO. 4101 - REQUEST FOR REVIEW AND APPROVAL OF FINAL
B9.
PLANS :
Thrifty Oil Company, Attn: Vincent Le Pore, 13539 East Foster Road, Santa Fe Springs,
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
CA 90670, requests review and approval of revised elevation, signage and landscape plans for
recommendation to City Council. Property is located at 300 South Brookhurst Street (Thrifty Oil).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended to City Council approval of revised elevation, signage and landscape plans.
END OF THE PLANNING COMMISSION ITEMS.
ORDINANCE FOR ADOPTION:
B10. ORDINANCE NO. 5687 (ADOPTION) AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 98-99-01 LOCATED
AT 1773 WEST LINCOLN AVENUE FROM THE ML ZONE TO THE CL ZONE.
Roll Call Vote on Ordinance No. 5687 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. 5687 duly passed and adopted.
ADDENDUM TO THE ANAHEIM CITY COUNCIL AGENDA FOR THE
MEETING OF JUNE 15, 1999:
ITEMS B11 – B12 FROM THE ZONING ADMINISTRATOR MEETING OF
JUNE 3, 1999 - DECISION DATE: JUNE 10, 1999
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 21, 1999:
SPECIAL CIRCUMSTANCE WAIVER NO. 99-01
B11.
APPLICANT: Susan Lundgren, 3472 Monfair Avenue, Long Beach, CA 90808
LOCATION: 1501 – 1551 South Douglass Road.
Request for approval of a special circumstance waiver to permit a one-day auto/bus show (no
vehicle sales proposed) within an existing parking lot in the ML Zone, on June 12, 1999.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Special Circumstance Waiver No. 99-01.
SPECIAL CIRCUMSTANCE WAIVER NO. 99-02
B12.
APPLICANT: Mills Ford, Attn : Joseph Perri, 1600 W. Lincoln Avenue, Anaheim, CA 92803
LOCATION: 1600 West Lincoln Avenue.
Request for approval of a special circumstance waiver to permit banners mounted on light poles
for a period of six (6) months in conjunction with an existing automobile sales facility.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Special Circumstance Waiver No. 99-02.
Mayor Daly. He would like staff to report back on their advice and recommendation on the conducting of
these one-day auto sales spectaculars at the Pond and Stadium in some cases on City-owned property
and in others privately-owned adjacent properties. He has heard complaints from Anaheim based auto
dealers. He feels they are turning the Pond and Stadium into something they were not intended to be.
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
Joel Fick . Staff shares the same concerns. They work closely with the City Attorney’s Office and Greg
Smith on those permits. The permit they are looking at is for a car show. Staff will come back with a
report on all those issues.
Council Member Tait . It is something they need to discuss. He has also heard the same complaints.
Prior to opening the first public hearing, Mayor Daly asked if anyone was present to speak on Item D6;
no one was present. In that case, he stated they would consider Item D6.as the first public hearing.
D6. 175: PUBLIC HEARING – CREATION OF UNDERGROUND DISTRICT NO. 38:
To consider approval of the creation of Underground District No. 38 (Ball Road/Euclid Street) in
accordance with the requirements of Chapter 17.24 of title 17 of the Anaheim Municipal Code
relating to Underground Utilities.
LOCATION:
Ball Road from 700’ east and west of the intersection of Euclid Street and on Euclid Street
from 1600’ north of Ball Road to 500’ south of Ball Road and is being formed to complete the overhead
to underground conversion work within the proposed Underground District No. 38 boundaries.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: June 3, 1999
Mailing to property owners within 300 feet: May 25, 1999
Posting of property: June 4, 1999
Submitted was report dated June 15, 1999 from the Public Utilities General Manager recommending
approval of Underground District No. 38.
Mayor Daly asked for a brief report from staff.
Dale Tarkington , Assistant General Manager for the Electric Utility. This project is being done in
cooperation with Public Works to do a critical intersection at Ball and Euclid.
Mayor Daly asked to hear from anyone who wished to speak; there being no response, he closed the
Public Hearing.
Mayor Daly offered Resolution No. 99R-126 for adoption creating Underground District No. 38 (Ball
Road/Euclid Street).
RESOLUTION NO. 99R-126 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO.
38 (BALL ROAD/EUCLID STREET).
Roll Call Vote on Resolution No. 99R-126 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-126 duly passed and adopted.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D1.
CONDITIONAL USE PERMIT NO. 4099, AND NEGATIVE DECLARATION:
OWNER:
Dong Hee Kang and Bu Sun Kang, 559 South Olive Street, Anaheim, CA 92805
AGE NT:
Mr. Jae J. Chung, 10042 Lampson Avenue, Garden Grove, CA 92840
LOCATION: 559 South Olive Street. Parcel 1 - is a rectangularly-shaped parcel of land
consisting of 0.23 acre located at the northwest corner of Water Street and Olive Street, with
frontages of 140 feet on the north side of Water Street and 70 feet on the west side of Olive
Street.
313 East Water Street. Parcel 2
- is a rectangularly -shaped parcel of land consisting of 0.12
acre with a frontage of 48 feet on the north side of Water Street, and a maximum depth of 114
feet, located 175 feet west of the centerline of Olive Street.
To permit a convenience/liquor store with a coin-operated laundry facility with waiver of (a)
minimum setback abutting a collector street, and (b) required site screening adjacent to a
residential zone boundary.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4099 GRANTED, IN PART ( PC99-56) (5 yes votes, 1 no vote,
and 1 absent).
Waiver of code requirement APPROVED, IN PART, approving waiver (a) in-part, and approving
waiver (b).
Approved Negative Declaration.
Informational item at the meeting of April 6, 1999, Item B13. Review of the Planning
Commission’s decision requested by Mayor Daly and Council Member McCracken.
Public hearing continued from the meeting of May 18, 1999, Item D1.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: May 6, 1999
Mailing to property owners within 300 feet: May 6, 1999
Posting of property: May 7, 1999
Mayor Daly noted this Public Hearing was continued from the meeting of May 18, 1999 (see minutes that
date where the Public Hearing was opened and extensive input received). He asked to hear from staff
relative to the discussions that took place at the last meeting regarding possible alternatives for the
property.
Richard Bruckner , Deputy Director of Community Development. Staff relooked at the potential for the
property which is designated as residential on the General Plan. The property is split in zoning, ML and
residential, and the Redevelopment plan designates it as residential. They discussed the issue with the
property owner and his agent about alternative uses for the property, potentially residential. They are still
interested in pursuing the project that is before the Council. They did not want to alter their plans. Staff
is looking at the value of the property; however, the property owner intends to pursue the project they
have proposed.
Mayor Daly asked if it continues to be the recommendation of the Planning Department that the CUP be
denied; Greg Hastings, Zoning Division Manager stated that was correct.
Mayor Daly. Staff is recommending against the installation of a laundromat and the continued operation
of a liquor store and have noted that the General Plan for at least part of the property is residential and
staff continues to believe residential uses are more appropriate; Greg Hastings. The General Plan for
the entire parcel is residential. The zoning is different – ML zone to the east and RS5000 to the west.
Daniel Kang. He is representing his father who is the property owner. He has a petition signed by over
75 people. The customers and people from the neighborhood originally introduced the idea of the
laundromat. This was approved by the Planning Commission five years ago but they were not able to
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
implement the plan at that time because of financial reasons. They had over 15 members of the
neighborhood present in the Chamber since six o’clock (it was now approximately 11:00 P.M.) but they
had to leave. The store has existed for over 40 years; they have owned it for 10 years and have been
serving the neighborhood. It is a convenience and they would still like to have the laundromat. They are
trying to improve the store (see minutes of May 18, 1999 where Mr. Kang gave his initial input). If their
request is denied, the store will still remain the way it is. They have been a scapegoat relative to the
crime rate in the area. The neighbors would have told the Council they are not aware of the crime. He
submitted the petition (made a part of the record).
Mayor Daly asked to hear from those either in favor or in opposition; no one was present in favor. The
following people spoke in opposition. (Also see minutes of May 18, 1999 where input was given by Mrs.
Mendoza).
Connie Mendoza, 308 E. Ellsworth Ave., Anaheim. She suggested they check the list of names
submitted. She has lived in the area for 50 years and is not aware of many people that buy anything in
the store but beer and ice cream. She then reiterated the concerns she expressed previously. In
closing, she stated that the proposal will reduce the value of their properties.
Rudy Escalante , 710 S. Philadelphia, Anaheim. He has lived in the area for over 40 years. There is
crime in the area contrary to what Mr. Kang stated. The proposal which includes a laundromat will create
a lot more traffic in the neighborhood. There are many neighbors who could not be present but
expressed to him they are against this project. He is totally against it. It will compound problems in the
area.
Daniel Kang. It will not attract additional customers or people to the neighborhood. It is an isolated area.
The store would not have been there for 40 years if people were not patronizing it. It is a convenience
for the neighborhood. There are many conditions that have been imposed to address the City’s concerns
as well as to beautify the property.
Mayor Daly. He believes that staff’s reasoning for denying the proposal is sound including the fact that
the General Plan designates this area for residential. If it is to be a market, he feels they should not be
able to sell liquor. As was pointed out, the area also has other convenience stores in close proximity.
He is recommending that they follow the advice of Planning staff on this application.
Council Member Kring . She feels they have not heard everybody because the applicant said there were
many people present. They do not have a translator for the persons in support. By default, they have
heard from ony two people in the community. The applicant has a good project which will clean up the
area. It will be well lighted and maintained. She does not think they can force a property owner to do
something he does not want to do with his property. She will vote for the project.
Council Member Tait . Staff recommended denial but the Planning Commission took a balanced view in
the fact that the City will be getting a brand new facility with a security guard. He would say without a
security guard it would be a tough call. He believes overall a yes vote benefits the neighborhood more
than a no vote.
Council Member McCracken . It seems to her they are developing another strip mall when they are
spending money all across the City to remove them. If staff can find a different site for their facility since
part of the site is in Redevelopment, perhaps they can come up with something that is a win-win
situation.
Council Member Kring . She would like to see this postponed so that the neighbors in support can be
heard.
City Attorney White. The time to act would expire on June 30, 1999 unless it is extended by stipulation
of the applicant ; Mayor Daly. They have the right to continue it until next week.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
MOTION. Council Member Kring move to continue Item D1. for one week to June 22, 1999. Mayor Daly
seconded the motion. MOTION CARRIED.
CONTINUED PUBLIC HEARING, GENERAL PLAN AMENDMENT NO. 362
D2.
RECLASSIFICATION NO. 98-99-10, WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4096 TENTATIVE PARCEL MAP NO. 98-234
SPECIMEN TREE REMOVAL PERMIT NO. 99-01, AND MITIGATED NEGATIVE
DECLARATION REQUEST FOR CITY COUNCIL REVIEW OF 2a, 2c, 2d, 2e, 2f and 2g
OWNER:
City of Anaheim (Redevelopment Agency), 201 South Anaheim Boulevard, 10th floor,
Anaheim, CA 92805
County of Orange, Attn: Real Property Manager, PFRD Real Property, 300 North Flower Street ,
CA 92703
AGENT:
Culbertson, Adams & Associates, Attn: Kevin Canning, 85 Argonaut, Suite 220, Aliso
Viejo, CA 92656
LOCATION: 8200 East La Palma Avenue. Property is 16.27 acres located at the northwest
corner of La Palma Avenue and Yorba Linda Boulevard.
General Plan Amendment No. 362
- to amend the Land Use Element of the City of Anaheim
General Plan to redesignate this property from the Hillside Low-Medium Density Residential and
General Commercial land use designations to the Commercial Professional land use
designation.
Reclassification No. 98-99-10
- to reclassify this property from the RS-A-43 ,000(SC)
(Residential/Agricultural; Scenic Corridor Overlay) and the CL(SC) (Commercial, Limited; Scenic
Corridor Overlay) Zones to the CO(SC) (Commercial, Office and Professional; Scenic Corridor
Overlay) Zone.
Conditional Use Permit No. 4096
- to permit a planned commercial office/light industrial center,
including a semi-enclosed restaurant with sales of alcoholic beverages for on-premises
consumption, with roof-mounted equipment and building heights in excess of 35 feet with
waivers of (a) minimum parking lot landscaping – APPROVED, (b) permitted type of commercial
identification sign – DENIED, (c) maximum area of commercial identification signs – DENIED,
(d) minimum site area per lot – APPROVED, and (e) maximum structural height adjacent to a
single-family residential zone - DENIED.
Tentative Parcel Map No. 98-234
- to permit an 11-lot (including one lot for landscaping)
subdivision for the development of a commercial office/light industrial complex.
Specimen Tree Removal Permit No. 99-01
- to remove specimen Eucalyptus trees from this
property with replacement at a ratio of two trees for every one tree removed.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of GPA NO. 362 (Exhibit A) to City Council
( PC99-67) (5 yes votes, 1 abstained, and 1 vacancy).
Reclassification No. 98-99-10 GRANTED ( PC99-68).
CUP NO. 4096 GRANTED, IN PART, approving waivers (a) and (d), and denying waivers (b),
(c), and (e) ( PC99-69).
Waiver of code requirement APPROVED, IN PART.
Tentative Parcel Map No. 98-234 APPROVED.
Specimen Tree Removal Permit No. 99-01 APPROVED.
Approved request for City Council review of this project.
Approved Mitigated Negative Declaration.
Public hearing held and closed at the meeting of May 18, 1999, Item D5.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: May 6, 1999
Mailing to property owners within 300 feet: May 6, 1999
Posting of property: May 7, 1999
Mayor Daly asked to hear from staff.
Greg Hastings, Zoning Division Manager. Staff has submitted a supplemental report to address the
issues discussed at the meeting of May 18, 1999 (see minutes that date) where extensive input and
discussion took place and the Public Hearing subsequently continued to this date to specifically address
several items but especially maximum building heights and traffic issues. Mr. Hastings briefed the data
contained in the supplemental six-page report dated June 15, 1999. Staff continues to recommend
approval of the project with the exception of the roof-mounted equipment and the alcohol sales. Staff is
also recommending revision of Condition 29, 39 and 40 as outlined in the staff report.
Mayor Daly. The Council has received the report which summarizes the recommendations. The
developer has returned with a plan which reduces the building heights which was one of the issues and
probably the primary issue raised by the adjacent neighborhood. He asked the developer to highlight the
changes.
Applicant’s Statement: John Killen, Burnett Polygon Development, 200 E. Baker, Costa Mesa, working
from the posted plans addressed the issue of grading. They revisited the plan and had another
opportunity to meet with Mr. Koch to discuss three issues : lowering the site in the area of buildings 14,
15 and 16, the second driveway, and the modifications that had been made to it and the homeowners
interest in seeing that be eliminated, and an item that related to the proposed restaurant and the potential
of removing that use and altering/relocating density from the second floor of that building.
With regard to item two, they believe the concessions and considerations previously discussed and
approved by staff and conditioned on them at the Planning Commission meet the concerns of safety and
responsible design. He met with Mr. Lower and discussed the potential of some additional turn-out
pocket at the Jenifer intersection. They believe they can work with staff on that as well.
With regard to the restaurant use, they are conditioned on the liquor. They still believe it is a viable and
needed use to the project and to the area. They believe it will be responsibly designed. The Planning
Commission will see it again as a CUP with a specific user in mind.
Finally on the issue of the grades, they did a review in house and pursued an additional design plan,
Concept 7, which lowers the grades by adding additional retaining walls from 500 lineal feet to 1700
lineal feet at a cost of one-quarter million dollars. They are looking to have that be a push in cost to the
project. They are willing to take that risk.
This evening he has with him their Project Director and in-house Engineer who worked with their
consulting engineer to come up with a new plan. He then briefed the highlights of the plan noting that
there will be some modifications from the conceptual plan to the precise plan.
In concluding, he stated they would like to propose a modification to the language in the staff report on
Page 5 which would allow some tolerances for the modifications from the conceptual plan to the precise
plan. They had an opportunity to discuss this with the homeowners and they did arrive at some mutual
language. The change they would propose is as follows:
“That prior to the issuance of a precise grading permit, the developer shall submit a copy of the precise
grading plan to the Zoning Division of the Planning Department indicating compliance of the finished
floor elevations for each building with the finished floor elevations shown on Revision No. 1 of Exhibit
No. 38. Any increase in the finished floor elevations greater than 9” shall require Planning Commission
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
review and approval as a Public Hearing item. Any increase in finished floor elevations greater than 6”
for building 14, 15 and 16 shall be offset by a commensurate reduction in building height.” Mr. Killen
submitted a copy of thw working to staff.
Bob Koch, 8124 East Woodsboro Avenue, Anaheim representing the Anaheim Highland Homes
residents. They are pleased with the changes and accept the language Mr. Killen just read. He has a
question about the height of building 12 which they thought was 43’ and he hear staff read 48’; Joel Fick.
The heights noted are 30’ 2” on the east elevation and 40’ 11” on the west elevation (see page 2 of the
supplemental report).
Mr. Koch then addressed the following four points as indicated in the data submitted – Re: Canyon
Corporate Centre Project – June 15, 1999 (made a part of the record) - (1) Elevation (they are pleased
with the changes in elevation to the project), (2 )Traffic Safety (still requesting the second entrance be
removed but, if not, requesting “response to the enhanced danger” created by its placement, i.e., install
a signal at Jenifer and LaPalma or left-turn pocket be added, changes made to intersection of LaPalma
Ave. and Yorba Linda Blvd. to handle increased traffic flow out of the project, see page 1 and 2 of
submittal and requests A – D with accompanying proposal), (3) Redistribution of Density (suggestions
made), (4) Trash Bins (request the relocation of trash bins away from residences and frontage streets).
Summation by Applicant : John Killen, Burnett Polygon. Relative to the traffic safety issue, he reiterated
he would rely on the recommendations of the Planning Commission and the discussions with Mr. Lower.
They are willing to work with Traffic staff. With regard to intersection improvements, he would again rely
on Traffic staff. They are already conditioned to do a set of working drawings and signalization plans for
that intersection. Relative to the trash bins, they are certainly willing and good planning practice dictates
keeping trash bins away from the homeowners. Regarding the restaurant, they feel it is a viable use and
are willing to accept the conditions established at the Planning Commission hearing with regard to the
liquor. They would like to not have to make any more substantive design changes to the plan or add
additional footage to the office uses. They have already made a lot of changes to the plan with regard to
use.
John Lower, Traffic and Transportation Manager, answering the Mayor, explained that relative to Jenifer,
it is a simple project to “shave” a blunt median island to provide some stacking area for the outbound left
turn from Jenifer. He would recommend that and it could be incorporated. Relative to extending the
right-turn pocket, he is confident it is not going to be needed . His staff has developed a plan to move
traffic best by a right-turn overlap which he briefed. They are confident that will work best. He spoke
with one of the neighborhood representatives, Mrs. Lazarro, this afternoon and if it doesn’t work, they will
be glad to explore other options. It can be done simply by restriping.
After brief additional discussion regarding the traffic control issues, Mayor Daly closed the Public
Hearing.
Joel Fick , Planning Director. Relative to the condition submitted by the applicant regarding the grading,
the net change or effect of that condition indicates that any finished floor pad elevation change greater
than 9” would require review at a Public Hearing by the Planning Commission and also increase in
finished floor elevations greater than 6 ” for buildings 14, 15 and 16 to be offset by commensurate
reduction in building height. They have looked at that condition and staff is OK with that as well. The one
change they would like to comment on and the applicant is agreeable since it is a more restrictive
wording, staff would like to eliminate the first “precise”. The wording would be, “that prior to the
issuance of a crading permit, the developer shall submit a copy of a precise grading plan . . . “ to insure
that that the grading, pad elevations and finished floor elevations can be achieved, and the applicant is
willing to do that.
Mayor Daly. He feels the changes by the developer to the building heights are very significant and
helpful to the overall design. As a result of the neighboring property owners continuing to work with the
developer, it is a better project now than it was last month. Planning staff is recommending the project
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
including the changes highlighted this evening. The language regarding the trash enclosures has been
pinned down as well to the satisfaction of the neighbors and in accord with Planning Commission action.
The developer has shown good faith in continuing to meet with the affected neighbors and to refine the
project. He is prepared to support the project ; Council member Tait. He believes there has been a huge
compromise by the developer.
ENVIRONMENTAL IMPACT REPORT – MITIGATED NEGATIVE DECLARATION :
On motion by
Mayor Daly, seconded by Council Member Kring, the City Council does hereby approve a Mitigated
Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant
to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City
Council has considered the proposal with the Mitigated Negative Declaration and accompanying
monitoring Program, together with any comments received during the public review process and further
finding on the basis of the Initial Study that there is no substantial evidence that the project will have a
significant effect on the environment. MOTION CARRIED.
Mayor Daly offered Resolution Nos .. 99R-127 through 99R-129, both inclusive, for adoption approving
General Plan Amendment No. 362, Exhibit A, approving Reclassification No. 98-99-10 and granting
Conditional Use Permit No. 4096 including all the recently readjusted language. Refer to Resolution
Book.
RESOLUTION NO. 99R-127 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE
ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 362.
99R-128 RESOLUTION NO. 99R-128 : A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING
THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATED TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
RESOLUTION NO. 99R-129 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4096.
Roll Call Vote on Resolution Nos. 99R-127 through 99R-129, both inclusive, 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-127 through 99R-129, both inclusive, duly passed and
adopted.
MOTION. Mayor Daly moved to approve Tentative Parcel Map No. 98-234. Council Member McCracken
seconded the motion. MOTION CARRIED.
MOTION. Mayor Daly moved to approve Specimen Tree Removal Permit No. 99-01. Council Member
McCracken seconded the motion. MOTION CARRIED.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
Mayor Daly reconvened the Redevelopment Agency meeting to consider item 1 on their June 15, 1999
agenda, as follows:
MOTION: Chairman Daly moved to approve the Basic Concept Drawings and Scope of Development
for the commercial/industrial development at the Shorb Wells site located at the northwest corner of
LaPalma Avenue and Weir Canyon. MOTION CARRIED.
ADJOURNMENT: The Redevelopment Agency Meeting was adjourned on motion by Chairman Daly
seconded by Agency Member McCracken. MOTION CARRIED. (11:50 P.M.)
PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
D3.
CONDITIONAL USE PERMIT NO. 4105, AND NEGATIVE DECLARATION:
OWNER:
Levon and Meline Keorjikian, 202 West Lincoln Avenue, #E, Orange, CA 92865
AGENT:
Ponderosa Property Management, 202 West Lincoln Avenue, #E, Orange, CA 92865
LOCATION: 3331-3339 East Orangethorpe Avenue. Property is 1.21 acres located at the
northwest corner or Orangethorpe Avenue and Crowther Avenue.
To establish conformity with existing Zoning Code land use requirements for an existing
commercial retail center and an existing liquor store with sales of alcoholic beverages for off-
premises consumption and to establish a church within the same commercial center with waiver
of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4105 GRANTED, for three years (church) to expire 4/12/02
( PC99-62) (4 yes votes, 2 absent, and 1 vacancy).
Approved waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of May 4, 1999, Item B1. Letter of appeal submitted by Quick
Pick Food Store Liquor/Junction Liquor.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: June 3, 1999
Mailing to property owners within 300 feet: May 25, 1999
Posting of property: June 4, 1999
Greg Hastings, Zoning Division Manager. He briefed the staff report to the Planning Commission dated
April 12, 1999 which described the proposal. He noted that staff continues to recommend approval of
the request.
Mayor Daly asked to hear from the applicant or applicant’s agent.
Applicant’s Statement : Russ Manion, Ponderosa Property Management representing the owners of the
property, stated they are happy with the request as it is proposed.
Tom Kieviet , Attorney, 2100 E. Katella , Anaheim. He is present on behalf of Abdul Hussein, owner of
Quick Pick Food Store/Junction Liquor. They are not opposed but are requesting that the Council
reconsider two of the conditions imposed. His client was not privvy to the initial consideration of the
application. He did not receive formal notice and was not aware of the fact that the CUP impacted his
liquor store, a facility which had been in operation without a CUP for 20 years. Time limit conditions
were imposed on the liquor store use – that it close at 9:00 P.M. Sunday through Thursday and 10:00
P.M. Friday and Saturday. In his brief discussion with Code Enforcement staff, perhaps the reason the
time limit was imposed was because those were the hours represented which are not correct. The store
has been in operation from 5:00 A.M. to 1:00 A.M. Sunday through Thursday and 5:00 A.M. to 2:00 A.M.
Friday and Saturday. Their proposal is to eliminate Condition 17 of the Planning Commission conditions.
The bulk of the sales conducted in the store according to his client – 80% are convenience store items
and 20% liquor sales. It was also indicated in the staff report that there were no excessive Police calls at
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
the location that would justify the implementation of the time constraint. It is extremely important for the
condition to be removed. If it has to stay, they would ask that it be corrected to reflect the current hours
of operation of 5:00 A.M. to 1:00 A.M., Sunday through Thursday and 5:00 A.M. to 2:00 A.M., Friday and
Saturday.
The second condition is Condition 9 that called for the public phone currently on the front wall where it
has been located for a number of years to be relocated inside. It is visible from the cash register of the
store. They understand the concept to have it relocated but it is capable of being supervised. The cost
and expense that would be imposed on the center to relocate the phone seems to be an unnecessary
condition. The liquor store has been in operation and grandfathered in without the need for a CUP and
the only reason it is being encompassed by a CUP is the fact that church request has been made by an
adjacent building behind it. They are requesting the Council consider removal of Condition 9 and
particularly Condition 17.
Roger Manion . They have no problem with the changes requested by Mr. Keviet.
Mayor Daly closed the Public Hearing.
Mayor Daly. He is comfortable with changing the hours of operation. Regarding the public phone,
Planning staff has consistently encouraged them not to allow public phones on the outside of
convenience markets because they become gathering places and cause problems. He is not
comfortable changing the condition relative to the public phone.
Council Member Kring . She is comfortable with keeping the hours as they are currently. She would also
like to leave the phone where it is. If there is an emergency, people do not always have a phone
available. If there is a problem with illegal activity, they could make it outgoing calls only.
Council Member Tait asked if there have been any complaints or problems with loitering by the phone in
front of the store; Joel Fick . Not at this location. This particular location has been almost incident free.
Council Member Feldhaus . As has been pointed out in the past, the proprietor does not have a choice
relative to the phone(s). The phone company places them where they are going to get the most usage.
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION :
On motion by Council Member
Kring seconded by Mayor Daly 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 Kring offered Resolution No. 99R-130 for adoption granting Conditional Use Permit No.
4105 eliminating Condition No. 9 relative to relocation of the public telephone(s) and modifying Condition
17 retaining the current hours of operation of 5:00 A.M. to 1:00 A.M., Sunday through Thursday and 5:00
A.M. to 2:00 A.M., Friday and Saturday. Refer to Resolution Book.
RESOLUTION NO. 99R-130 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4105.
Roll Call Vote on Resolution No. 99R-130 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL ME MBERS : None
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
The Mayor declared Resolution No. 99R-130 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4117, AND NEGATIVE
D4.
DECLARATION:
OWNER:
Clausen Enterprises, 2795 West Lincoln Avenue #F, Anaheim, CA 92801
AGENT:
George Hallock/ Hallock Coin Jewelry, 2060 West Lincoln Avenue, Anaheim, CA
92805
.
LOCATION: 2060 West Lincoln Avenue - Hallock Coin Jewelry Property is 0.91 acre located at
the southeast corner of Lincoln Avenue and Empire Street.
To establish a pawn shop in conjunction with an existing jewelry/coin shop.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4117 DENIED ( PC99-73) (6 yes votes, 1 vacancy).
Approved Negative Declaration.
Informational item at the meeting of May 18, 1999, Item B8.
Set for public hearing by Council Members Tait and Kring.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: June 3, 1999
Mailing to property owners within 300 feet: May 25, 1999
Posting of property: May 28, 1999
Greg Hastings, Zoning Division Manager. He briefed Staff Report to the Planning Commission dated
May 10, 1999 as well as the list of permitted uses in the Brookhurst Corridor Overlay Zone. Relative to
the legal non-conforming use, this particular commercial center does not have a CUP since it was
established before on was required. Before any new uses can be introduced, all the other uses in the
center that require a CUP need to be entitled. This center does not have an entitlement yet. There would
need to be along with this, a CUP granted for the commercial center. There is also the issue of the pawn
shop which is prohibited. Therefore, there are two issues both of which, according to code, would
prevent the CUP from being granted.
Council Member Tait stated that was new information which they had not received before, that the center
th
itself needed a Conditional Use Permit ; Greg Hastings. That issue was brought up before the May 10
Planning Commission meeting.
Mayor Daly asked to hear from the applicant.
George Hallock, Chief Executive Officer of Hallock Fine Jewelry, 2060 W. Lincoln, Anaheim 92801. He
has prepared a written sheet which he would like distributed (see – Appeal of the Planning Commission
Decision – June 11, 1999 – Application for CUP 4117, 2060 West Lincoln, Anaheim – made a part of the
record). He recounted the discussion that took place at the Council meeting of April 6, 1999 (see
minutes that date). He got the sense that the Council was willing to go along with the request and they
would deal with whatever issues the Planning Commission had. When the Planning Commission met on
May 10, 1999 , they gave additional reasons, Item 2 through 7 of PC99-73, why the CUP should not be
approved. His submittal, which he then read, addressed and rebutted each of the items as outlined by
the Planning Commission. He respectfully requests that the Council grant CUP 4117.
Upon questioning by Council Member Tait, Mr. Hallock explained they have been major buyers of
precious metals and diamonds for many years and in business in Anaheim for 25 years. There is also a
minor group of private people and it is that group only that they would accommodate the ability to pawn
their goods rather than buy them especially when it might be a very expensive diamond.
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JUNE 15, 1999
Council Member Tait asked if he would agree to a condition of not putting a pawn sign outside ; Mr.
Hallock stated he can guarantee that it would never happen. His customers are significant buyers of
coins and precious metals and they would never come into the business if “pawn” was out front.
Council Member Tait . He feels Mr. Hallock got caught in red tape which they recognized when the
matter first came before the Council. He would like to see how they can accommodate this business.
Mayor Daly closed the Public Hearing.
Council Member McCracken asked Mr. Hallock if he would be willing to condition a description of what
his business entails into a CUP – that it is dealing in precious metals (and diamonds); Mr. Hallock stated
he would.
Council Member McCracken . She agrees with Council Member Tait, if they give him a Conditional Use
Permit for a pawn shop and something happened to him, they do not want to have a traditional pawn
shop at the location.
Mayor Daly asked the City Attorney if the Council wants to accommodate the request, what he would
recommend.
City Attorney White. He would recommend that they act upon the CUP tonight but would need to
condition it to be effective upon the adoption by the Council of an amendment to the Brookhurst Corridor
Overlay Zone which would grandfather as conditional uses permits that were applied for before the
original adoption of the Brookhurst Overlay Zone which would be the category Mr. Hallock fits in. His
permit was pending when the ordinance was adopted. That would have to come back in ordinance form
at the next meeting but they could get the CUP through the process tonight. However, it would not
become effective until and unless they adopted the ordinance. He also confirmed for the Mayor that
there was one other application pending for a service station. When the Council considers the
ordinance, they can make the decision whether they want to restrict it to this one pawn shop only or
make it apply to the service station as well.
Mayor Daly. He assumed it would only apply to this and no future pawn shop applications ;City Attorney
White answered that is correct. For purposes of moving it along tonight, he recommended that the
Council consider what conditions they would want to see on this permit and in addition will add a
condition stating it is only effective if they amend the Brookhurst Corridor Overlay Zone and they can
then move it through the process tonight and staff will bring back an ordinance to allow it.
Mayor Daly. He would suggest a time limitation on the CUP as well, five or ten years; Council Member
Tait stated in five or ten years he would not be able to renew the CUP because of the overlay.
Mayor Daly. As long as they have other conditions that protect the spirit of the overlay he would be
comfortable ; Council Member Tait. That is why he suggested that the signage be limited to the main
business the conditions Council Member Mccracken stated.
Council discussion and questioning of Mr. Hallock followed relative to the pawn aspects of his business
at the conclusion of which, City Attorney White suggested three conditions based on what he heard in the
discussion this evening: (1) no exterior sign containing the word pawn, collateral, loan or similar wording
shall be permitted, (2) pawn business shall be limited to an accessory use to the coin and jewelry use
and the items accepted for pawn shall be limited to precious metals and jewelry, (3) permit shall not be
effective until or unless an ordinance is adopted and takes effect permitting this business in the
Brookhurst Corridor Overlay Zone.
Mayor Daly. He believes it is not wise to amend the Brookhurst Corridor Plan and he will not be
supporting any changes to the current program. He also feels it invites potential abuse by a criminal
element.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
Council Member Tait . He would defer on this one solely because Mr. Hallock applied and the City
changed the rules with the Overlay Zone. When he did apply, it was potentially allowable. This is a one-
time exception. He cannot think of anyone else that would fit in this category.
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-131 for adoption granting CUP 4117 including the three
additional conditions as articulated by the City Attorney as well as incorporating the interdepartmental
staff recommendations. Refer to Resolution Book.
RESOLUTION NO. 99R-131 : A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 4117.
Roll Call Vote on Resolution No. 99R-131 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-131 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4112, AND NEGATIVE
D5.
DECLARATION:
OWNER:
Living Stream dba Anaheim Palms Corporate Center, 2431 West La Palma Avenue,
CA 92801
AGENT:
Larry A. Wilde, 1900 West Ball Road, Anaheim, CA 92804
LOCATION: 2411 West La Palma Avenue. Property is 27.9 acres located at the northwest
corner of La Palma Avenue and Gilbert Street.
To permit a private school within an existing industrial/office complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4112 GRANTED ( PC99-75) (6 yes votes, 1 vacancy).
Approved Negative Declaration.
Informational item at the meeting of May 18, 1999, Item B10.
Set for public hearing by Mayor Daly and Mayor Pro Tem McCracken.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: June 3, 1999
Mailing to property owners within 300 feet: May 25, 1999
Posting of property: May 28, 1999
Mayor Daly. He had requested that this item be set for a Public Hearing since the proposed use is not
consistent with the General Plan and that was the rationale. He asked staff to briefly summarize the
proposal.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
Greg Hastings, Zoning Division Manager. He briefed the Staff Report to the Planning Commission dated
May 10, 1999 describing the proposal. In concluding, he note that both Redevelopment staff and
Planning staff recommend denial for the reasons indicated in the report (with Planning also
recommending denial of the CEQA Negative Declaration). He stated, in answer to Council Member Tait’s
question, that the Planning Commission’s rationale for approving the use was they felt with the conditions
imposed, it would be a safe use. He also confirmed that no time limitation was imposed.
Applicant’s Statement : Larry Wilde, 2001 S. Eileen Drive, Principal and Chief Educator for Acaciawood
School. They have negotiated a lease with the Anaheim Palms Corporate Center for approximately
23,000 square feet in one of the buildings in the complex. He noted that those present remaining in the
Chamber at this time are all in favor of the project. (There were approximately ten people.) They do not
disagree with any of the concerns of the Council that involve the safety and welfare of the children and
fully support those. After their presentation to the Planning Comission on May 10, 1999, the Planning
staff changed their recommendation of denial to one of approval (later confirmed that it related to the
CEQA finding). The proposal is fully compatible with all existing uses both on campus and in the
neighborhoods. Working from the site plan (which was a part of the Council packet), Mr. Wilde
described the site and the uses contained therein. He also submitted colored photographs of the site
showing the viewscape from different directions. He addressed the issues of traffic flow and took issue
with staff’s comments that there is industrial traffic on the property. He stated there are no industrial
uses on the property and none are anticipated. There is no truck traffic of any significance on the
property. The playground area lies to the south of Building 5. By stipulation, they agreed to set clear
zones as far as traffic sighting is concerned, to hash a crosswalk at that location, and always provide
crossing guards either parents or teachers. Additionally, there is virtually no traffic that transits that
parking lot. In concluding his presentation, Mr. Wilde relayed a quote by Planning Commissioner, Steve
Bristol at the meeting of May 10, 1999, “ . . . there is not a better site in all of Anaheim for a school . . . ”
The property is no longer industrial. With one exception, they have accepted all the conditions. If there
are other concerns not addressed by Planning staff or the Planning Commission, they will be happy to
work with the Council on those issues.
Mayor Daly. In Anaheim, the General Plan allows industrial uses on the property. When they make land
use decisions, they have to think about eventualities. Since industrial uses are allowed by right those
uses may be there some day. His ( Wilde’s) point is there is no industrial traffic today; however, the
property is planned, zoned and surrounded by industrial. He asked if there are any protections or
assurances he can give for protecting against those eventualities.
Mr. Wilde answered he believes that issue is addressed by Condition No. 10 of Resolution PC99-75.
They will not try to take a stand as a school by saying the City cannot place industrial uses next to the
school. He confirmed for the Mayor that he represents only the Acaciawood School and is not a
representative of a firm that controls the entire property but the Property Manager is present.
Mayor Daly. It seems someone is encouraging non-industrial uses on property for industrial uses. He
asked staff’s feeling about a series of decisions that change the basic planning and zoning for the
property.
Richard Bruckner , Deputy Director of Community Development. It is a campus with buildings suited to
office and R&D and also buildings which are suited almost purely for industrial or warehouse use all of
which bring a different type of traffic to the site. They looked at the front piece and thought it was a good
development opportunity for either industrial or office and to the east and west is industrial. They feel as
an R& D park or industrial park, it is a good designation for that site. They are not inclined to make any
dramatic changes.
Joel Fick , Planning Director. Answering the Mayor, he stated that the industrial designation is still
appropriate for the site. Any use that is a permitted primary industrial use is still permitted on the site
without a CUP.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
Mayor Daly. He is suggesting that they need to decide whether they want to encourage industry to use
industrially planned properties or not.
Steve Clark, Senior Property Manager. He is speaking in behalf of the CUP. He then gave background
on the subject property noting that the propert is very attractive to corporate business office tenants. (He
briefed the tenants on the site at present). The subject proposal will have minimum impact on the site. It
is a business park office type tenant. A new tenant is Westwood College and Technology adjacent to the
proposed site for Acaciawood. They feel Acaciawood fits well with what they are doing with Anaheim
Palms Corporate Center.
Mayor Daly asked if he would be comfortable with changing the General Plan on the property to
commercial rather than industrial; Mr. Clark stated he feels that is their direction. They really have no
intention of putting industrial on the property.
Council Member Tait . He asked Mr. Clark if the use is approved, would he agree it would be
incompatible if a couple of the buildings were industrial next to the school. If it is approved, they will be
limited to more of a commercial as opposed to industrial use; Mr. Clark reiterated that was their direction
and they are not trying to recruit industrial uses.
Council Member McCracken . Schools do not stay the same size. There are conflicting things going on
and she is concerned as to what the long-range plan is. There are some prominent companies on the
property and they may not want a conflicting use.
John Pester, 513 S. Valley, Anaheim. He is speaking not only as a parent of two of the students of
Acaciawood, but also as one with experience in land-use planning. (See Mr. Pester’s letter dated June 3,
1999 previously made a part of the record.) There is not a site in Anaheim that has as diverse a land
use as the subject site. In the CUP granted in 1997, a whole range of office-type uses were added which
was an indication that there was a desire to move away from industrial activities. In many respects, the
characterizations of the site as industrial does not reflect the reality that is on site. It is clear the
development is going toward office-related uses and people-oriented businesses. The initial
recommendation of the Planning staff relative to the negative declaration was that the negative
declaration status be denied. Planning staff did reverse itself at the Planning hearing and changed its
recommendation from denial to approval. In concluding, he read portions of his letter noting there needs
to be clarification from the City of what it really wants from the site. Given the realities of what is on the
site at present, it can be anything. He urged approval of CUP 4112.
Larry Wilde . There are teachers, students and parents that will speak on the attributes of the school;
Mayor Daly asked if there could be a spokesperson.
Mr. Wilde stated they could do that but before further input he clarified there is a mandated maximum of
250 students for two reasons. They have a board resolution that will not allow more than a 17 to 1
student/teacher ratio. They do not have an athletic program and do not anticipate one. They are
negotiating a 10-year lease with Anaheim Palms Corporate Center. They would entertain the CUP
commensurate with their lease.
Mayor Daly. He is concerned not just for the 29 acres but for the neighborhood. There is a factory to the
west; Mr. Wilde stated his point is the whole neighborhood is not industrial now and there are multiple
schools in that neighborhood.
Mayor Daly. Those schools are not on industrial properties. The City is trying to preserve industrial
property, property that is planned and zoned for industrial uses. The City needs to react to that.
Relative to additional input, Mr. Wilde stated to make it easy, he is going to submit all the letters in
support rather than having everyone give live testimony. He thereupon submitted seven letters from
individuals which contained extensive testimony relative to the merits of the Acaciawood School, why
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
JUNE 15, 1999
they send their children to the school, the high academic standards maintained, the best academic
environment for student growth, all of their graduates go on to higher education, academic awards
received, the need to expand to a new facility, student population will never exceed 250, school motto,
“Strong in Character, High in Standard”, etc. (The letters were submitted by Jane Lee, Hallie Williamson,
Jill Cope, Sandra Yang, Marilu Veale, Stefan Robichaux and Stephen Johnsen – made a part of the
record.)
One person from the audience did speak, Jennifer Higashi, 813 S. Dickel, Anaheim, a student at
Acaciawood. She has been a student at the school for two years. She strongly supports the school and
she gave her reasons why. They believe in the school and need the Council to believe in it too.
In closing, Mr. Wilde stated they are only three years old but have made an unbelievable mark
academically not only in Anaheim but Orange County and the State. He explained for Council Member
Tait that they are presently located at Nutwood and Ball and will be moving out of that facility.
Richard Bruckner , answering Council Member McCracken , stated some time ago when he met with
Living Stream when they were purchasing the property and they purchased it from Lincoln Properties
who purchased it from CalComp , when he met with them, they indicated their intent for the site was
office R&D and industrial. That is the character of the buildings. Their understanding of the intent was to
maintain that range of uses. This use is taking a portion of one building and that causes them to pause
and to think about the appropriateness of the use on the site. If the site were to migrate from more
traditional industrial to R&D it is an issue of traffic and the tendency would be to have greater traffic with
more potential conflicts.
Mayor Daly asked staff’s thoughts about changing the General Plan -- if this use is approved should they
be looking at a change in the General Plan.
Joel Fick . Initially his reaction would be that would not be an appropriate use especially if this is time
conditioned. Industrial uses are still permitted. Parking on the site would need to be evaluated. While
there has been a lot of discussion about industrial compatability issues with the school, staff’s concern
has been putting a school issue in the middle of business type use. He does not think staff’s opinion
would change if this were all office uses.
Mayor Daly. Anaheim has had a track record of nurturing private schools in a variety of neighborhoods.
Some have resulted in conflicting land uses and he believes this might be one of those cases. For a
relatively small school, there are many other locations outside of the industrial area that would be
appropriate. This is in a Redevelopment area and general planned industrial.
Council Member Tait . He disagrees, the bottom line being, what is the harm. He feels it is a compatible
use and supports the request; Mayor Daly asked his thought on a time limit.
Council Member Tait . Since the applicant offered it , he would place a 10-year time limitation
commensurate with their lease.
Council member Kring . She supports Council Member Tait’s recommendation to approve the request
with a 10-year time limit.
Council Member McCracken . There is manufacturing on both sides. As a former teacher in both public
and private schools, she has reservations about putting an elementary and high school in the middle of
an industrial complex. Schools are looking for cheaper leases and to say they are not going to grow, the
school is already growing. There are industrial uses on both sides and now there will be children playing
outside in an industrial area. She does not believe it is wise for them as leaders to change their plans. If
they turn industrial over to school sites, they have a major problem in balancing the industrial area.
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JUNE 15, 1999
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION :
M otion was made by Mayor
Daly seconded by Council Member McCracken to deny the Negative Declaration 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
substantial evidence that the project will have a significant effect on the environment. Ayes: McCracken,
Daly Noes: Tait, Feldhaus, Kring. MOTION FAILED TO CARRY.
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION :
M otion was made by Council
Member Kring, seconded by Council Member Tait to approve the Negative Declaration 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. Ayes: Feldhaus,
Kring, Tait Noes: McCracken, Daly. MOTION CARRIED.
Council Member Kring offered a resolution approving Conditional Use Permit No. 4112 for a 10-year
time period.
The resolution failed to carry by the following vote : Ayes: Kring, Tait. Noes: Feldhaus, McCracken,
Daly.
Mayor Daly offered Resolution No. 99R-132 for adoption denying Conditional Use Permit No. 4112.
Refer to Resolution Book.
RESOLUTION NO. 99R- 132 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
4112.
Roll Call Vote on Resolution No. 99R-132 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, , McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : Kring, Tait
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 99R-132 duly passed and adopted.
ADJOURNMENT: By general Council consent, the City Council adjourned the Council Meeting of June
15, 1999 was adjourned at 1:47 A.M. on June 16, 1999.
LEONORA N. SOHL, CITYCLERK
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