1992/04/28Ci'ty Hallr A-ahe4_mr Cal'i~orn:i.a - COUNCIL MINUTES - APRIL 28r 1992 - 5~00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT
ABSENT **
PRESENT
COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
COUNCIL MEMBERS: Ehrle
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR= Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:25 p.m. on April 24, 1992 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of
Anaheim, et al., Orange County Superior Court Case No. 44-81-74.
b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b) (1).
e. To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager or City
Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in closed session.
By general Consent, the Council recessed into Closed Session. (3.' 05 p.m. )
AFTER RECESS:. The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:22 p.m.)
INVOCATION.'. Captain Richard House, Salvation Army, gave the invocation.
FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of
Allegiance to the Flag.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Ovid "Shorty" Rader,
Meals-on-Wheels Executive Coordinator for his outstanding service to the
Anaheim Meals on Wheels program. "Shorty" has contributed more than 211,930
volunteer hours valued at $109,650 in savings to the City of Anaheim.
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Mayor Hunter and Council Members highly commended Mr. Rader for his service
and dedication to the Meals-on-Wheels program and the Anaheim community.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Clean Air week, in Anaheim, May 2-9, 1992.
Water Awareness month, in Anaheim, May, 1992.
Hire a Veteran week, in Anaheim, May 3-9, 1992.
Kathy Santoro accepted the Clean Air week in Anaheim proclamation; Darrell
Ament accepted the Water Awareness month in Anaheim proclamation; and Peggy
Crawford and Hector Gutierrez accepted the Hire a Veteran week in Anaheim
proclamation. Mr. Gutierrez was also especially honored for his many years of
service to the Anaheim Community since he will now be transferred from the
City of Anaheim. Mrs. Crawford also noted that the City of Anaheim was
nominated as Employer of the Year.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,596,535.85 for the
period ending April 24, 1992, in accordance with the 1991-92 Budget, were
approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5: 37 p.m. )
Mayor Hunter reconvened the City Council meeting. (5:40 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS: A Mr. Franklin spoke on Item All and a
Mr. Kirsch spoke on items A24 and A25 (see discussion under those items).
ITEMS OF PUBLIC INTEREST:
Mr. Rex Nickler, 1227 Diana Avenue, Anaheim (since 1966). There are a lot of
telephone poles behind their tract. He has been informed by a telephone man
that they plan to put a new cable in and also T.V. cables. His primary
concern is that he does not want his or his neighbors back yards dug up to put
in new cables. He is sure the City has worked on a joint pole agreement with
anyone who wants to put something on existing lines. He does not want his
planter dug up. He understands the cables are to be installed soon and thus
time is of the essence to assure that residents back yards will not be
disturbed.
Mayor Hunter. He noted that representatives of the City's Utilities
Department were present in the Chamber and asked that they get Mr. Nickler's
number and assist him relative to his concern.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 92R-80 through 92R-88, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5299 for adoption.
Refer to Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following
resolutions and ordinance were read by the City Manager.
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(Resolution Nos. 92R-80 through 92R-88, both inclusive, for adoption and
Ordinance No. 5299 for adoption. )
Council Member Pickler moved to waive the reading in full of the resolutions
and ordinance. Council Member Simpson seconded the motion. Council Member
Ehrle was absent. MOTION CARRIED.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Gary Emmitt Hall for property damage sustained
purportedly due to actions of the City on or about March 27, 1992.
b. Claim submitted by David Ray Davison for property damage sustained
purportedly due to actions of the City on or about February 25, 1992.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held April 8, 1992.
117= Receiving and filing the Summary of Investment Transactions for March,
1992, as submitted by the City Treasurer.
A3. 175; Awarding the contract to the lowest responsive bidder, A & L
Construction Company, Incorporated, in the amount of $786,821.65 for
Construction of Underground Substructure for Underground District No. 1, and
in the event said low bidder fails to comply with the terms of the award,
awarding the contract to the second iow bidder, as well as waiving any
irregularities in the bids of both the Iow and second iow bidders.
A4. 175: Awarding the contract to the lowest responsive bidder, Ail American
Water Supply of California, Inc., in the amount of $296,965 for Drilling and
Development of Water Well No. 46, 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.
AS. 169: RESOLUTION NO. 92R-80: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM EXPRESSING SUPPORT FOR SEISMIC RETROFIT OF THE TUSTIN AVENUE
BRIDGE CROSSING THE SANTA ANA RIVER AND SUPPORTING THE GRANT APPLICATION FOR
THE PROJECT.
RESOLUTION NO. 92R--81= A I~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM EXPRESSING SUPPORT FOR THE HARBOR BOULEVARD SUPERSTREET PROJECT AND
SUPPORTING THE GRANT APPLICATION FOR THE PROJECT.
A6. 170; Approving the Final Map of Tract No. 14575, and the Subdivision
Agreement with Newl~ort Pacific Development Corporation, and authorizing the
Mayor and the City Clerk to execute said agreement. Tract 14575 is located at
3253 West Ball Road and is filed in conjunction with General Plan Amendment
No. 322, Reclassification No. 91-92-06 and Conditional Use Permit No. 3461.
A7. 123: Approving a supplement agreement for State-Local Transportation
Partnership Program funding on behalf of the City of Anaheim, (Program
Supplement No. 010 to State-Local Transportation Partnership Program Agreement
No. SLTPP-5055) for Traffic Signal Upgrade/Interconnect, various locations,
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Northeast Industrial Area, and authorizing the Director of Public Works to
execute said agreement.
A8. 158: Authorizing the relocation payment in the amount of $3,250 to Joel
Severin for rental assistance required as a result of City acquisition of
property located at 2014 East Orangewood Avenue - State College/Orangewood
Critical Intersection (R/W 6000-7).
Ag. 150: Rejecting all bids submitted for the Oak Canyon Nature Center
Erosion Control Project.
Al0. 158: Approving the Right-of-way/Right-of-entry Agreement for 350 North
State College Boulevard, City of Orange - State College/Orangewood Critical
Intersection (R/W 6000-15), and authorizing the Mayor and City Clerk to
execute said agreement~ and authorizing the acquisition payment of $9,400 to
Hilton Suites, Inc.
All. 123: Recommendation to accept the low bid of, and approve an Agreement
with Hyundai Steel Industries, Inc., in the amount of $373,605.12 for a three
year period for the lease/maintenance of golf carts that will be utilized at
Anaheim Hills and "Dad" Miller golf courses, in accordance with Bid $5016, and
adopting certain findings relating thereto. (Continued from the meeting of
4/21/92, Item A15.)
Mr. Ferdie Franklin, Attorney at Law, Wallsworth, Franklin and Bevins, i City
Boulevard, West Orange. He is representing Club Car, Inc., the unsuccessful
bidder. He feels Club Car is the only bidder who met all the specifications
in the bid solicitation. It is an important contract because it will
determine who provides services for the City Golf Courses for three years. He
then reviewed the purpose of public bid laws since he felt it was important in
this case. He subsequently stated that three specifications were not met by
the Iow bidder - weight, turning radius, and the experience requirement, the
third being the most important. In his opinion, there is a complete and total
failure to meet the specification and no real alternative. Anaheim Hills Golf
Course is one of the most rigorous in the Country and the golf carts require a
great deal of maintenance. When there is a vendor with no experience in
Southern California, the vendor is asking the City to take a risk with it. It
is his understanding the only Hyundai Fleet currently being serviced in
Southern California is an electric fleet and not a gas fleet and that is being
serviced by a dealer. This is a factory setting up for the first time a
servicing enterprise in Southern California. The purpose of the bid law is to
get the lowest bid from a responsible bidder. What is being done tonight has
significance beyond this contract because of the bid laws. The City stands to
lose a large potential source of suppliers. He requests that the Council
reject the bid from Hyundai and accept the bid which meets the specifications,
that ~f Club ~ar, In~.
Council Member Daly. He asked if staff believed the performance of the leased
golf carts as well as the maintenance is not up to Anaheim's standards, what
steps can be taken to remove the vendor.
City Manager James Ruth. There is an escape clause. If the vendor does not
perform, the City could change vendors. There is also a performance bond that
protects the City.
City Attorney White. The performance bond is equal to 100% of the contract
amount - in this case $373,605.12. There is also a termination provision that
would allow the City with or without cause to terminate the contract on
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60 days notice or to give notice of default and require that the performance
be brought into conformance with the contract requirements upon three days
notice. There is adequate protection built into the contract itself to assure
that the contractor will conform to the requirement standards set forth in the
contract. He suggested the Council might ask if there is a representative of
Hyundai present who wishes to comment.
Jim Lester, 7676 Hazard Center Drive, San Diego, representing Hyundai. Since
service is the big issue, the Center they have in Santa Ana is their National
Service Warranty and Parts Center where their service manager is
headquartered. He trains their dealers throughout the Country. If there are
any problems, they can handle it from that facility. Service should not be a
concern.
City Attorney White then asked if the cars to be provided under the contract
will be serviced out of the Santa Ana Facility and how long they have been
opened.
Mr. Lester answered affirmatively that the cars will be serviced out of the
Santa Ana facility and they were first in Brea and moved to Santa Ana where
they have been for about a year.
At the conclusion of the Consent Calendar, the Council waived the
irregularities in the low bid submitted by Hyundai Steel Industries, Inc.,
doing business as Hyundai Golf Cars, U.S.A., and approve such contract with
Hyundai based u~on the following findings and determinations:
1. Hyundai is the lowest bidder. Its bid of $373,605.12 is
$125,901.76 lower than the bid of Club Car (even after deducting
the 1% local sales tax revenue from the Club Car bid).
2. The three irregularities in the Hyundai bid are inconsequential for
the following reasons:
a. The bid specification concerning the maximum allowable
curb-to-curb turning radius is not free from ambiguity
since it does not state whether the turning radius is to
be measured from the inside or outside wheel. Hyundai
meets the specification if the measurement is taken from
the inside wheel. City staff has tested the Hyundai cart
and found that the turning radius of the cart is adequate
for the purpose intended by the City. The cart bid by
Hyundai is its standard manufactured golf cart~ to meet
the specification would require Hyundai to s~ecially
manufacture a different cart~ such a requirement would be
excessively costly and would not provide ~ corresponding
benefit to the City~ use of the Hyundai cart with its
outside turning radius of 19'6" would not be a
disadvantage to the City.
b. The Hyundai golf cart weighs 640 pounds without a battery
installed and 678 pounds with its battery. City staff has
tested the Hyundai cart with battery installed and found
that the 28 pounds of additional weight above the
specification maximum does not render the cart unsuitable
for its intended purpose and use by the City. The cart
bid by Hyundai is its standard manufactured golf cart~ to
meet the specifications would require Hyundai to specially
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manufacture a different cart; such a requirement would be
excessively costly and would not provide a corresponding
benefit to the City; use of the Hyundai cart with its
total weight of 678 pounds would not be a disadvantage to
the City.
c. The purpose of the specification requiring the contractor
to have at least two years of service experience in
Southern California is to ensure the City that it is not
dealing with a company located outside of the local area
with no proven record of service in Southern California.
The benefit to the City in requiring prior local service
experience is to ensure stability of the company's
presence in the local market and the ability to resolve
service and maintenance problems promptly and locally.
Hyundai does not have two years of golf cart service
experience in Southern California; however, Hyundai has
located its National Center for Warranty, Service and
Parts in Santa Ana which provides the City with the
necessary assurance of the stability of the service
operation in the local area. Requiring the contractor to
have at least two years of service experience in Southern
California would disqualify the current Iow bidder without
providing any additional advantage to the City. There is
no evidence that other potential bidders were disuaded
from the bidding because of the two year experience
requirement, or that a modification of this specification
would likely attract additional bidders.
A12. 160: Accepting the low bid of Reynolds Buick/GMC Trucks, in the amount
of $36,200 for one each 14,000E GVW step van with interior shelves and bins,
in accordance with Bid $5038.
A13. 160: Authorizing the Purchasing Agent to issue a purchase order to SMA
Equipment Company, in the amount of $67,449 (plus applicable tax) for one used
motor grader.
A14. 175: Approving a cooperative pilot program for a total cost of $93,000
for passive solar and energy conservation entitled "TreePower" between the
Public Utilities and Parks, Recreation & Community Services Departments and
"Releaf Anaheim"
Al5. 153: RESOLUTION NO. 92R-82: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM A/~ENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the classification of
Tree Services Specialist, effective May 8, 1992. )
A16. 153: RESOLUTION NO. 92R-83: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (To create the
classification of Asset Forfeiture Investigator, effective April 24, 1992. )
Al7. 153: RESOLUTION NO. 92R-84: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS. (Change the salary
of part-time Band Director, effective April 24, 1992. )
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A18. 153: RESOLUTION NO. 92R-85: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the classification of
Stadium Security Coordinator, effective May 8, 1992. )
A19. 123: ORDINANCE NO. 5299 - {ADOPTION}= AN ORDINANCE OF THE CITY OF
ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES ' RETIREMENT SYSTEM.
A20. 123: Approving a Residential Rental Agreement with Robert Paul Le Van
for an apartment at the Jeffrey-Lynne Neighborhood Center~ and Amending the
FY 1991/92 RAP by increasing revenues and expenditures in the amount of $6,000
in Program 288, Jeffrey-Lynne Neighborhood Center.
A21. 150: RESOLUTION NO. 92R-86.'. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN
FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND
CONSERVATION BOND ACT OF 1988 FOR THE ARBOR (ANAHEIM REFORESTATION BEAUTIFYING
OUR ROADWAYS) PROGRAM.
152: Authorizing the City Manager to sign the application and act as the
City's representative in all matters concerning the application.
A22. 156: RESOLUTION NO. 92R-87: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR GANG/DRUG SUPPRESSION/PREVENTION
SERVICES.
152: Authorizing the City Manager to sign the application and act as the
City's representative in matters concerning the application.
A23. 123~ Approving an Attorney Services Agreement with the law firm of
Franscell, Strickland, Roberts & Lawrence.
A24. 123: Approving an agreement with Mary E. Turner to render certain
consulting services to the City on an as-needed basis following her
retirement.
A25. 153: Approving post-retirement payments equal to 75% of the city
contribution rate toward the cost of post-retirement medical benefits as
described in Section 33.03 of the City Personnel Rules, contingent upon the
City Treasurer maintaining her employment in good standing with the City
through at least August 29, 1992, and entering into a consulting arrangement
for up to 400 hours during transition to a new City Treasurer.
Jeff Kirsch, 2661 W. Palais, Anaheim. Speaking to the subject (Item A24
and A25) he finds the proposed actions particularly offensive as a tax payer.
He does not feel the tax payers can afford one more increase. After several
questions and elaborating on his concerns, he stated that Council and City
Management should reconsider the item and if they have to continue time, to do
it at the straight salary with no additional benefit packages.
City Manager Ruth. With respect to the consulting services of the City
Treasurer, based on the recruitment schedule that is in place, it is not
anticipated separation time from the existing City Treasurer to the
replacement person would be more than two to three weeks or four weeks at the
most. In the event the City would need Mrs. Turner, her services would be
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utilized. It is unlikely that those hours would be used, but are there for
protection. It is a critical issue for the City in terms of how the City
invests its money. It is avoiding a gap between the time the City Treasurer
leaves and the time a replacement is brought on board.
A26. 153: RESOLUTION NO. 92R-88: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47, AND THE CITY OF ANAHEIM.
Roll Call Vote on Resolution Nos. 92R-80 throuqh 92R-88, both inclusive, £or
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Ehrle
The Mayor declared Resolution Nos. 92R-80 through 92R-88, both inclusive, duly
passed and adopted.
Roll Call Vote on Ordinance No. 5299 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Ehrle
The Mayor declared Ordinance No. 5299 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF APRIL 6, 1992,
INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 28, 1992:
B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3492, SITE
PLAN REVIEW AND NEGATIVE DECLARATION:
OWNER: Woodcrest Development Inc., 23046 Avenita Carlotta, Ste. 250,
Laguna Hills, CA 92653.
AGENT: MCG Architects, 18201 Von Karmen Ave., Ste 250, Irvine, CA
92715.
LOCATION: Property is approximately 3.9 acres located at the northeast
corner of Weir Canyon Road and Canyon Vista Drive
To permit a commercial retail center consisting of a 1,825 square foot
car wash with gasoline sales, 14,232 square feet of automobile repair
uses and 11,665 square feet of retail shops with waiver of minimum
setback adjacent to a Scenic Highway and permitted r00£ m0un~ed
equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3492 DENIED (PC92-40) (6 yes votes, I abstained).
Waiver of code requirement DENIED.
Denied Negative Declaration.
NOTE: At the meeting of April 7, 1992, Item B15, the City Council took
no action on the site plan portion of this project.
B2. 179: CONDITIONAL USE PERMIT NO. 1564 AND NEGATIVE DECLARATION (PB~.V.
APPROVED ):
OWNER: JOHN HUISH, 33208 Paseo Cerveza "C", San Juan Capistrano, CA
92675.
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AGENT: Huish Family Fun Center, Inc., 33208 Paseo Cerveza "C", San Juan
Capistrano, CA 92675.
LOCATION: 1041 N. Shepard Street (Anaheim Recreational Center).
Property is approximately 7.0 acres located on the southwest corner of
Shepard Street and Carpenter Avenue.
To ~ermit a 75-foot high bungee jumping tower and a kid's carnival in
conjunction with a previously approved recreational facility.
ACTION T.AKEN BY THE PLANNING COMMISSION:
CUP NO. 1564 GRANTED, IN PART, bungee jumping withdrawn, (PC92-41) (7
yes votes).
Approved (previously approved) Negative Declaration.
B3. 179= WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3510 AND
NEGATIVE DECLARATION:
OWNER= Penske Truck Leasing, 620 E. Ball Rd., Anaheim, CA 92805 and~
Byron L. Crumb, Inc., 1826 Pomona Rd., Corona, CA 91720.
AGENT= James Brennan, 191 S. Orange Street, Orange, CA 92666.
LOCATION= 610 AND 620 East Ball Road. Property is approximately 4.17
acres located on the south side of Ball Road and approximately 960 feet
west of the centerline of Lewis Street.
To permit a truck repair and storage facility with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3510 GRANTED (PC92-42) (7 yes votes).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
Council Member Pickler posed questions to staff relative to the required
versus proposed number of parking spaces which were answered by the Planning
Director, Joel Fick.
B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3512 AND
NEGATIVE DECLARATION:
OWNER= First Interstate Bank, C/O Mc Morgan and Company, One Bush
Street, Suite 800, San Francisco, CA 92653.
AGENT: Victor Eini, 2880 E. Miraloma Ave., Anaheim, CA 92906.
LOCATION: 2971 East La Jolla Street. Property is approximately 0.27
acre located on the north side of La Jolla Street and approximately 225
feet east of the centerline of Red Gum Street.
To permit an auto repair facility with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3512 GRANTED (PC92-43) (7 ye8 votes).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
BS. 179= WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3498 AND
NEGATIVE DECLARATION=
OWNER= Walter T. and Helen W. Courtney, 504 N. State College, Anaheim,
CA 92806.
AGENT: Salvador Mendoza, 2421E. Ball Road, ~B-55, Anaheim, CA 92806.
LOCATION~ 500 S. Anaheim Boulevard. Property is approximately 1.1
acres located on the southeast corner of Santa Ana Street and Anaheim
Boulevard.
To retain an automobile repair service with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
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CUP NO. 3498 GRANTED, for 1-year, to expire April 6, 1993 (PC92-44) (6
yes votes, I absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3511, AND
NEGATIVE DECLARATION:
OWNERS: Reef USA Fund-II, Inc., 1630 South Sunkist, SA, Anaheim, CA
92806.
AGENT: Vineyard Christian Fellowship, 12383 Lewis, $101, Garden Grove,
CA 92640.
LOCATION: 1531 South Sinclair Street. Property is approximately 0.89
acre located on the west side of Sinclair Street and approximately 410
feet south of the centerline of Cerritos Street.
To permit a church within an existing 14,819 square-foot industrial
building with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3511 GRANTED, for 5-years (PC92-45) (6 yes votes, i absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
Council Member Pickler asked questions of staff relative to limiting classroom
activity during the week. He has concerns putting a church in the C-R area
especially the Arena area which will have weekend activities as well as the
church.
Annika Santalahti, Zoning Administrator. There are limits to the hours of
operation. Technically, it is still an industrial area but with the
limitations under the conditions imposed, there was no real concern. If they
wish to change their operations, they would have to come back for a new CUP.
Operations that stay within the limitations of the CUP are no problem.
Council Member Daly stated that he feels with the restrictions that have been
placed on the CUP and the five-year limitation gives adequate protection.
B7. 179: CONDITIONAL USE PERMIT NO. 3417 AND NEGATIVE DECLARATION (PREV.
APPROVED):
OWNER: Assaf George Cassis and Nazareth Cassis, 413 Sharon Road,
Arcadia, CA 91007.
AGENT: Sim C. Hoffman, M.D., 585 South Knott Avenue, Anaheim, CA
92804.
IX)CATION: 546-595 S. Knott Street. Property is approximately 0.68 acre
located at the northwest corner of Knott Street and Orange Avenue.
To amend or delete conditions of approval ~ertaining to the time
limitation and permitted days of operation of a previously-approved
mob£1e me~£cal un£~ within an exis~£ng me~£cal complex.
ACTION TAKEN BY THE PLANNINC COMMISSION:
CUP NO. 3417 DENIED (PC92-46) (6 yes votes, i absent).
Approved Negative Declaration (5 yes votes, i no vote, and 1 absent).
Letter of appeal submitted by the agent, Sim C. Hoffman, M.D. Set for
public hearing May 12, 1992.
The decision of the Planning Commission was appealed by Sim C. Hoffman, M.D.,
agent for the applicant and public hearing set for May 12, 1992.
B8. 179: CONDITIONAL USE PERMIT NO. 3302 AND NEGATIVE DECLARATION (PREV.
APPROVED ):
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City Hall~ Anahe:i. el~ Cali~orn£a - COUNCIL MINIJTES - APRIL 28~ 1992 - 5:00 P.M.
OWNERS: ACW Partnership, Attn: Louis A. Ornelas, 36 W. Live Oak
Avenue, Arcadia, CA 91006.
AGENT: Andy Kalanz, 4400 Mac Arthur Boulevard, #400, Newport Beach, CA
92660.
LOCATION: 558 South Anaheim Boulevard. Property is approximately 0.48
acre located at the northeast corner of Water Street and Anaheim
Boulevard.
To permit the interior modification of a previously-approved 5-unit
commercial retail center to allow an additional unit (6-units total).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3302 APPROVED (PC92-47) (6 yes votes, i absent).
Approved Negative Declaration.
ITEM B9 FROM THE PLANNING COMMISSION MEETING OF APRIL 20, 1992t INFORMATION
ONLY - APPEAL PERIOD ENDS APRIL 30t 1992:
B9. 179: RECLASSIFICATION NO. 91-92-16~ VARIANCE NO. 4177, TENTATIVE TRACT
MAP NO. 14632~ WAIVER OF COUNCIL POLICY NO. 542 AND MITIGATED NEGATIVE
DECLARATION:
OWNER: Anaheim Redevelopment Agency, 200 South Anaheim Boulevard,
Anaheim, CA 92805.
LOCATION: 113-215 S. Atchison Street and 615 E. Broadway. Property is
approximately 1.6 acres located on the northwest corner of Broadway and
Atchison Street.
For a change in zone from ML to RS-5,000.
Petitioner requests waiver of required site screening and required
orientation of structures, to establish a 9-lot, RS-5,000 single-family
residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14632 APPROVED.
Approved Mitigated Negative Declaration.
NOTEs Reclass No. 91-92-16, and Var. No. 4177 have a 22-day appeal
period which expires May 12, 1992, and these items will appear on the
agenda at that time.
END OF THE PLANNING COMMISSION ITEMS.
ITEM B10 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 16~ 1992 - DECISION
DATE: APRIL 23~ 1992t INFORMATION ONLY - APPEAL PERIOD ENDS MAY 4~ 1992:
B10. 179: AMUSEMENT ARCADE NO. 1014:
REQUESTED BY: Mike Min-Hung Chung, 510 South Beach Boulevard, Anaheim,
CA 92804.
LOCATION: 510 South Beach Boulevard.
To permit and retain up to ~0 ~musement arcade devlce~.
ACTION TAKEN BY THE ZONING ADMINISTRATOR~
Approved by the Zoning Administrator (ZA92-21).
Council Member Daly. He questioned whether or not there was a time limit
placed on the permit this time. Previously, the Council imposed a one-year
1 imit.
Annika Santalahti, Zoning Administrator. No time limit was placed on the
permit at this time. No input was received and staff checked with Code
Enforcement to verify that no complaints/concerns were registered. Since
there were none, she did not feel it inappropriate to approve the permit
without a time limit.
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City Hall· Anaheim· California - COUNCIL MINUTES - APRIL 28· 1992 - 5:00 P.M.
Council Member Pickler. It is still an area of concern to him. He would like
to maintain at least another 1 to 1~ year time limit on the permit and have it
come back to the Council before it becomes permanent. He has talked to some
of the tenants and there have been no problems, but he would like to impose an
additional time limit.
City Attorney White. He confirmed it would be necessary for the Council to
schedule a hearing if they wished to impose a time limit or change conditions.
Council Member Pickler stated that he is going to set the item for a public
hearing; Council Member Daly concurred. Therefore, a public hearing will be
set at a later date.
Bll. 179: ORDINANCE NO. 5301 FOR ADOPTION.'. Amending Title 18 to rezone
property under Reclassification No. 91-92-10, located at 2260 W. Orange
Avenue, from the RS-A-43,000 zone to the RS-5,000 zone.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5301)
Council Member Hunter moved to waive the reading in full of the ordinance.
Council Member Simpson seconded the motion. Council Member Ehrle was absent.
MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5301 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5301: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 91-92-10, located at 2260 W. Orange Avenue, from the
RS-A-43,000 zone to the RS-5,000 zone.)
Roll Call Vote on Ordinance No. 5301 for adoptions
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Ehrle
The Mayor declared Ordinance No. 5301 duly passed and adopted.
B12. 179: ORDINANCE NO. 5302 FOR INTRODUCTION: Council Member Pickler
offered Ordinance No. 5302 for first reading.
ORDINANCE NO. 5302: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 91-92-09, located at 3326 West Orange Avenue, from the
RS-A-43,000 zone to the RM-2400 zone. )
B13. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3389:
The request was submitted by Gerard M. O'Riordan, Rank Leisure USA,
Inc., 5401 Kirkman Road, Suite 200, Orlando, FL 32819-7937. The
property is located at 1859 South Manchester Avenue - King Henry's
Feast. Conditional Use Permit No. 3389 is to permit a 750-seat
theme-type dinner theatre with on-premise sale and consumption of
alcoholic beverages including various waivers, one pertaining to
prohibiting signs - three roof-mounted statues consisting of a dragon, a
knight and a gargoyle, and five cloth banners. The Conditional Use
289
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Permit was approved by the Council on July 16, 1991, including the
waiver for the prohibited signs.
Annika Santalahti, Zoning Administrator. She confirmed for Council Member
Pickler that the waiver relative to the prohibited signs was approved by the
Council on a 3-2 vote.
Council Member Pickler. He is going to vote no on the request, since he voted
no on the original CUP because of the roof mounted statues.
Council Member Simpson moved to approve the request for an extension of time
to expire July 16, 1993 on Conditional Use Permit No. 3389.
Before further action was taken, Council Member Daly stated he also had a
problem with some of the waivers when the CUP was initially before the Council
and opposed a request at the meeting of July 16, 1991.
MOTION: Council Member Hunter offered a substitute motion to continue the
matter for one week for a full Council action. Council Member Simpson
seconded the motion. Council Member Ehrle was absent. MOTION CARRIED.
Cl. 108: ROGER MORRIS INN AT THE PARK - RAMADA MAINGATE HOTEL - AUDIT
NO. 91110-...
Requested by: Thomas G. Kieviet, Farano and Kieviet, 100 South Anaheim
Boulevard, Suite 340, Anaheim, CA 92805. Roger Morris Inn at the Park
- Ramada Maingate Hotel - Audit No. 91110.
Submitted was report dated March 19, 1992, from the City Treasurer, Mary
Turner recommending that the matter be referred to an outside hearing officer
authorizing the City Attorney to contract for said services or set a public
hearing before the City Council establishing a date and time for said hearing.
Submitted was letter dated April 14, 1992, from Thomas Kieviet, Farano and
Kieviet, Attorney for Roger Morris Inn at the Park indicating they would be
willing to pay for the cost of an independent hearing officer through the
judicial arbitration and mediation services.
City Attorney White. His office has no objection to the matter being referred
to a hearing officer per the request of the attorney for the appellant.
MOTION: Council Member Pickler moved to rescind prior action setting
transient occupancy tax appeal of Roger Morris Inn at the Park - Ramada
Maingate Hotel - for hearing before the City Council. Council Member Hunter
seconded the motion. Council Member Ehrle was absent. MOTION CARRIED.
MOTION: Council Member Pickler moved to refer transient occupancy tax appeal
of Roger Morris Inn at the Park- Ramada Maingate Hotel - to a hearing officer
pursuant to Section 1.12.110 of the Anaheim Municipal Code~ such hearing
officer to be approved by the City Attorney, and the cost of such hearing to
be paid by the appellant. Council Member Hunter seconded the motion. Council
Member Ehrle was absent. MOTION CARRIED.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
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Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179= PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3201 AND NEGATIVE
DECLARATION t REOUEST TO AMEND CONDITIONS OF APPROVAL:
Requested by: A.P. Mowlavi, CEMA Market, 221 South Magnolia, No. H,
Anaheim, CA 92804.
LOCATION/REQUEST: The property is located at 221 South Magnolia Avenue,
CEMA Market, and is a rectangularly-shaped parcel consisting of
approximately one acre located on the northwest corner of Broadway and
Magnolia Avenue.
Petitioner requests amendment to paragraph (b) of Condition No. 2 of
Resolution No. 89R-433 of Conditional Use Permit No. 3201, that beer and
wine may be sold at subject convenience market for off-premises
consumption only.
Conditional Use Permit No. 3201 permits a 1,620 square foot convenience
market specialty grocery store) in an existing commercial retail center.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 16, 1992
Mailing to property owners within 300 feet - April 14, 1992
Posting of property - April 17, 1992
PLANNING STAFF INPUT:
See staff report dated April 20, 1992 from the Zoning Administrator, Annika
Santalahti recommending denial of the subject request.
APPLICANT' S
STATEMENT ~
Golan Mowlavi, 1122 N. Lotus, Anaheim. He is asking the City
Council to give them a chance to apply for a beer and wine
license. They want to improve the quality of the market in the
neighborhood. Being a s~ecialty market and servicing the Spanish
people, it is hard for them to be in business. Referring to the
April 20, 1992 staff report, there was a statement that their
license was recommended to be denied because of the high crime
rate in the area. He feels a lot of the crime reports involve
people crossing the street to go to the 7-Eleven Market to
purchase their beer and whatever else they needed. They are
located in a highly populated area. There are about 1,000
apartments and it is expected that there would be a higher crime
rate than usual. Most of their customers are Spanish and they
want the market to have beer. They started a petition and in two
da~s got 131 signatures in favor. He has a couple of letters from
the managers of a few of the apartment buildings that also approve
of their selling beer and wine for their convenience. If a person
really wants to drink, it does not matter where they get it. He
asked the Council to give them a chance.
PUBLIC DISCUSSION-
IN FAVOR z None
PUBLIC DISCUSSION -
IN OPPOSITION ~
Frank Aylesworth, 220 Aron Place, Anaheim, approximately 100 yards
away from the subject market. He is speaking out in support of
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all the negative things that were pointed out in the staff report.
In addition, this is a day worker congregation area. The
intimidation of people coming into the shopping center has already
forced the closing of a donut shop in the area. Adding alcohol
will make it worse and the urinating in public will get worse.
Beer and wine is available across the street at 7-Eleven. In the
last two years, the Thrifty Gas Station caddy-corner from the CEMA
Market also requested beer and wine and was turned down in both
cases for the same reasons - crime, urinating in public,
intimidation of people, etc. If anything, the area has gotten
worse.
City Clerk Sohl reported that a letter was also received from a resident of
2726 W. Broadway in opposition.
COUNCIL ACTION: Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member 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. Council Member Ehrle was
absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-89)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. Council Member Ehrle was absent.
MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-89 for adoption, denying
Conditional Use Permit No. 3201. Refer to Resolution Book.
RESOLUTION NO. 92R-89: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL
USE PERMIT NO. 3201 AS APPROVED BY RESOLUTION NO. 89R-433.
Roll Call Vote on Resolution No. 92R-89 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Ehrle
The Mayor declared Resolution No. 92R-89 duly passed and adopted.
D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT
NO. 3489~ RECLASSIFICATION NO. 91-92-12 AND NEGATIVE DECLARATION:
OWNER: Mrs. Winda (Wen-Ning) Kuo, 1Hsiung Kuo and Shu-Chih Liao/Kuo
Family Trust, 25683 Nellie Gall, Laguna Hills, CA 92653.
AGENT: Yvonne Yao, Jararett and Suharnokok, 5514 Wilshire Blvd., $900
Los Angeles, CA 90036.
LOCATION/REQUEST: The property is located at 1556 West Katella Avenue
and is approximately 0.83 acre located on the south side of Katella
Avenue and approximately 650 feet west of the centerline of Ninth
Street. The request is for a change in zone from RS-A-43,000 to the C-L
292
C£'t¥ Hallt Anahe~at Cal£forn£a - COUNCIL MZNUTE$ - APRIL 28~ 1992 - 5:00
Zone. To permit a commercial retail center with waiver of maximum fence
height.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3489 GRANTED (PC92-27) (7 yes votes).
Reclassification No. 91-92-12 GRANTED (PC92-26).
Waiver of Code Requirement APPROVED.
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Daly and Pickler at the meeting of March 24, 1992 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 12, 1992
Mailing to property owners within 300 feet - April 14, 1992
Posting of property- April 17, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 9, 1992.
APPLICANT' S
STATEMENT z
Yvonne Yao, Project Manager, Jararett and Suharnokok,
5514 Wilshire Blvd., Los Angeles, 90036. She referred
to the package she previously submitted to the Council
(letter dated April 6, 1992 attached to which was a
booklet which included plans of the project - made a
part of the record). They are acting on behalf of
Dr. Kuo, the property owner. They have successfully
integrated both community concerns and municipal
requirements within the General Plan of the City of
Anaheim which allows for commercial status of the
property. To the north and west are a series of
commercial and retail developments. She then gave a
brief description of the design proposal also
referring to the plans posted on the Chamber wall.
The property is currently in a dilapidated state which
will be remedied by the development of the proposed
project.
A line of questions was then posed by Council Member
Daly specifically - if the project is approved and the
owners want to change the uses later on, will they be
able to do 8o in the professional office category,
could they install more offices where the cafe and
b00k~t0re are ~0in~ to be or later allow retail in the
first floor of the office building as well as follow
on questions revolving around those issues.
The discussion and questioning revealed the following as reported by both the
Planning Director and City Attorney=
Under the C-L Zone, they can have professional office or retail.
If they choose to exercise the CUP, they will have to comply with
all conditions in the permit that limit the square footage of the
various uses. Once the property is rezoned, they are not
obligated to exercise the CUP and could develop in accordance with
all the permitted uses authorized in that zone. In the future,
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C£~.y Hall r Anaheimr (:&].~£oFnia - COb'NClT. MI~S - APRIl, 28r 1992 - 5~00 P.M.
they could choose to abandon the CUP and go back to the underlying
zoning which would permit anything authorized in the C-L Zone.
They would, however, need a CUP for a strip center, three or more
commercial uses. From a legal stand point, the City Attorney does
not encourage placing covenants or restrictions on the zone itself
because it is a type of spot zoning subject to challenge.
Yvonne Yao. Their initial and current intention is that the
complex is mainly for professional office businesses and that the
cafe, bookstore and florist would be the only retail proposed on
the site. She does not see any changes in the future of
additional retail being added particularly because of the parking
requirements. They are at maximum on the parking stalls and
calculated all the square footages to relate to that which is why
the retail shops are as small as they are.
Council Member Pickler. He does not have a problem with the
professional offices, but with the retail. There is no retail to
the east, west and south, but only the north side. Retail cannot
be limited only to tenants and neighbors and there is nothing to
stop cars from going into the center for the retail uses.
Joel Fick, Planning Director. He suggested in consultation with
the City Attorney, the advertisement for C-L does allow that zone
or a lesser intense zone to be approved. With the applicant's
concurrence, the Council could approve the C-O Zone on the
property and since a CUP was advertised for the block wall and
specifies the mixture of variety of uses not specified anywhere
else in the zoning code, the CUP could be approved and expanded
for this particular use. What the Council would be doing rather
than approving the C-L Zone and a CUP for the block wall, they
would be approving C-O Zoning that would restrict the primary use
of the property to office and a companion Conditional Use Permit
that would allow retail uses on the site in accordance with the
plans before the Council. In affect, the only use that could go
in if the CUP were to be abandoned would be commercial office and
in order for the applicant to achieve the uses in the plans before
the Council tonight, the CUP would have to be exercised subject to
the imposed conditions.
Council Member Simpson. If the intent is to develop the way
Ms. Yao explained, then the suggestion would not cause a problem;
Ms. Yao stated that it would not be a problem.
City Attorney White, answering Council Member Simpson stated the
Council could do ~ha~ ~onlgh~. What was applle~ for are the same
permits they would still need - a CUP and the zoning since it is
advertised for the C-L or a less intense zone. The Council could
rezone it tonight to C-O and approve the CUP for the mixed uses
that are being requested. Anything the Council did not approve
tonight would have to come back. The Council can approve the
limited retail being asked for tonight or eliminate it if they do
not want to approve it. This way it would assure if they did not
follow through with the development in accordance with the CUP,
the only uses that could be on the property .without coming back to
the Council would be commercial office.
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Additional discussion followed wherein Council Member Daly asked
for more detail relative to the design of the project than was
being presented which was provided by Ms. Yao.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition.
PUBLIC DISCUSSION -
IN FAVOR
Scott Nash, 1820 Eileen Drive. His property borders
the project on the west side. He is in favor of the
project because the subject property has been
abandoned for four years and is used by homeless
people, kids, vandals, fires have been set, etc. The
architectural firm has been gracious enough to meet
their concerns. The raising of the wall to 9-feet is
important mainly because his property level seems to
be higher and the extra 3-feet will help them out for
privacy and security. Relative to the retail, he does
not mind the limited use retail at all. The architect
also pointed out where the trash containers will be
located and there will be no cooking on the premises.
He has no problem with the proposed project and
securing the property with a gate at night is another
positive factor.
PUBLIC DISCUSS !ON -
IN OPPOSITION ~ None
COUNCIL ACTIONs Mayor Hunter closed the public hearing.
Council Member Hunter stated he was going to offer the resolutions
incorporating the recommendations of the City Attorney and the Planning
Director.
City Attorney White. It would be a resolution to the C-O Zone and the CUP
application is being modified not as to the uses being proposed, but as to the
appropriate section numbers under which it is being granted.
Joel Fick, Planning Director. The only other change would be in the CUP
resolution changing it to the C-O zoning to make it compatible.
Council Member Simpson stated he understands if there are any changes, it
would have to come back to the Council.
Further discussion and questions between Council members, staff and the
applicant (Yao) established that signage would now be restricted to an 8-foot
high monument sign and a freestanding sign would not be permitted at all, that
the security gate would still be allowed and would extend only across the
driveway to prevent vehicles from going to the back, that the owner wishes to
have the entire complex secured in some way which they are looking into at
present, that the required structural setback would prohibit constructing a
wall at the sidewalk and the developer would have to maintain the front
landscaping.
Yvonne Yao. Ail the buildings will be secured to prevent a person from
breaking and entering off hours. The property is to be secured across the
driveway. They do not intend to build a wall along Katella. The walls of the
295
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building would come up to the setback line and then there would a lot of
vegetation which is not shown on the plan.
Joel Fick, Planning Director. There is a requirement for a 10-foot landscape
setback adjacent to Katella. The applicant did submit a tree plan. The
suggestion staff would have for clarity is that any areas not covered by
driveways or access for the parking facilities be landscaped with a minimum
10-foot wide planter and with a tree plan as shown in their landscaping plan.
He confirmed, staff will review the landscaping plan before building permits
and they did submit a plan that called out the trees on the site and there is
a condition that does require staff review of the landscape plan as well.
Doris Schoen, 1826 S. Eileen. There is a block wall along Katella in the
front of the property now and a wooden gate which she assumes will have to be
demolished~ Mayor Hunter confirmed that that will be demolished.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member 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. Council Member Ehrle was
absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 92R-90 and 92R-91)
Council Member Hunter moved to waive the reading in full of the resolutions.
Council Member Daly seconded the motion. Council Member Ehrle was absent.
MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-90 for adoption, approving
Reclassification No. 91-92-12 to the C-O Zone~ and Resolution No. 92R-91 for
adoption, granting Conditional Use Permit No. 3489. Refer to Resolution Book.
RESOLUTION NO. 92R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED (Reclassification No. 91-92-12).
RESOLUTION NO. 92R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3489.
Roll Call Vote on Resolution Nos. 92R-90 and 92R-91 for adoptions
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Ehrle
The Mayor declared Resolution Nos. 92R-90 and 92R-91 duly passed and adopted.
D3. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3496 AND NEGATIVE
DECLARATION:
OWNER: Everett H. Miller and Elma M. Miller, 270 Roycroft Avenue, Long
Beach, CA 90803.
AGENT: Hani E1 Hai, 944 S. Brookhurst Street, Anaheim, CA 92804.
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Hallt Anaheilt Cal£fornia - COUNCIL MINUTES - APRIL 28~ 1992 - S~00 P.M.
LOCATION/REQUEST: The property is located at 944 South Brookhurst
Street and is approximately 0.35 acre located on the east side of
Brookhurst Street approximately 200 feet north of the centerline of Ball
Road. The request is to retain and expand a convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3496 GRANTED (PC92-31) (7 yes votes).
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Pickler and Daly at the meeting of March 24, 1992 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 16, 1992
Mailing to property owners within 300 feet - April 14, 1992
Posting of property- April 17, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 9, 1992.
APPLI CANT
STATEMENT
Hani E1 Hai, 4138 Street, Huntington Beach. He is
present to answer questions.
Council Member Pickler. He believes he voted against the proposal originally.
He feels convenience markets are something the City is being inundated with.
He asked the reason for the expansion.
Joel Fick, Planning Director. It is a 952 square foot addition to the
existing convenience market that exists within that retail center. It is not
for the convenience market per se, but it does address the expansion of the
market. The total square footage on the site is 5,040 and the existing
convenience market is 2,198 square feet. A 952 square foot addition would
make the market a total of 3,150 square feet.
Council Member Pickler. He understands the market can not have hot foods and
asked for clarification that there is a restriction on that market relative to
fast foods; Joel Fick. That is correct. The first condition specifies that,
"No fast foods service facilities shall be permitted in the market unless a
variance for parking is approved by the Council."
Council Member Daly. He noted the staff report refers to a letter from the
applicant proposing hours of operation from 8~00 a.m. to 8:00 p.m., but the
conditions a~roved by the Plannin~ Commission allowed the o~eration until
11:00 p.m.; Joel Fick. He does not recall why that was done.
Hani E1 Hal. The market is open now from 7=00 a.m. to 11=00 p.m. His
intention is to have it open at 8:00 a.m. to 8:00 p.m. The Planning
Commission questioned why reduce the hours, but it is still his intention to
open 8~00 a.m. to 8~00 p.m. He confirmed there is beer and wine at the
location at the present time. He is in the process of remodeling and had been
open one year with hours from 7:00 a.m. or 8:00 a.m. to 11:00 p.m. Although
he is expanding, he is proposing to be open less hours.
Joel Fick. He confirmed for the Mayor that there had been no problems at the
location.
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Hall., Anaheiel~ Cal£fornia - COUNCIL MINUTES - APRIL 28~ 1992 - 5:00 P.M.
Council Member Pickler asked if he would stipulate hours from 8:00 a.m. to
8:00 p.m.; Hani E1 Hai. He has no problem with that but if he wants to stay
open until 9:00 p.m. he asked if he would have to come back to the Council to
make that change.
Council Member Pickler suggested that the hours be from 8:00 a.m. to
9:00 p.m.; Mr. Hal agreed.
Council Member Pickler. He has a problem with that corner because it is a
busy location. If the hours are from 7:00 a.m. to 9:00 p.m. he would have no
problem with that.
City Attorney White clarified that the hours would then be from 7=00 a.m. to
9:00 p.m.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak either in favor or in opposition; there being no response he
closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member Hunter, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. Council Member Ehrle was
absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-92)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. Council Member Ehrle was absent.
MOTION CARRIED.
Council Member Pickler offered Resolution No. 92R-92 for adoption, granting
Conditional Use Permit No. 3496 subject to City Planning Commission conditions
and with hours of operation from 7:00 a.m. to 9:00 p.m. Refer to Resolution
Book.
RESOLUTION NO. 92R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3496.
Roll Call Vote on Resolution No. 92R-92 for adoption=
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Ehrle
The Mayor declared Resolution No. 92R-92 duly passed and adopted.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Pickler
seconded the motion. Council Member Ehrle was absent. MOTION CARRIED.
(7:05 p.m.)
LEONORA N. SOHL, CITY CLERK
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