1991/04/09City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PROPERTY SERVICES MANAGER: Robert ZurSchmiede
CODE ENFORCEMENT MANAGER: John Poole
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:40 p.m. on April 5, 1991 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.
International Tile Exposition vs. City of Anaheim, et al. Orange
County Superior Court Case No. 62-50-99.
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 to Closed Session. (3:02 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. (5:17 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M.
INVOCATION: Minister H. Stow, Anaheim Church of Christ, gave the invocation.
FLAG SALUTE: Council Member Tom Daly led the Assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
Earthquake Preparedness Month, April, 1991
Mr. Bob Berg, the City's Emergency Services Specialist, accepted the
proclamation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council and presented to Mr. Gene Scarbrough of Rotary
International recognizing the organization for the donation of 172 trees to the
newly established Sycamore Park. Mr. Scarbrough was accompanied by the City's
Director of Parks, Recreation and Community Services, Chris Jarvi. Council
members commended Mr. Scarbrough and Rotary International for their generous
donation.
119: DECLARATION OF RECOGNITION AND CONGRATULATIONS: A Declaration of
Recognition and Congratulations was unanimously adopted by the City Council,
recognizing and congratulating Mr. Boyd E. Van Wyckhouse,
Firefighter/Paramedic, upon his retirement from the City after 29 years of
service. Mayor Hunter and Council members commended Mr. Van Wyckhouse for his
contributions to the citizens and City of Anaheim. (The Declaration is to be
mailed to Mr. Van Wyckhouse who was unable to be present.)
119: DECLARATION OF RECOGNITION AND CONGRATULATIONS: A Declaration of
Recognition and Congratulations was unanimously adopted by the City Council and
presented to Mr. Robert Franks, Senior Assistant City Attorney, for his more
than 20 years of service to the City and upon leaving the employee of the City
of Anaheim. Bob was accompanied by his wife Margaret. Mayor Hunter and
Council members commended Mr. Franks for his service to the citizens and City
and wished him well in his new position as City Attorney of the City of
Orange. Mr. Franks commented on his 20 years as an employee of the City of
Anaheim noting that it was a very happy and rewarding period in his career.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,368,447.03 for the week
ending April 5, 1991, in accordance with the 1990-91 Budget, were approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:31 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:33 p.m.)
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution Nos.
91R-102 through 91R-109, both inclusive, for adoption; Ordinance No. 5211 for
adoption and Ordinance No. 5213 for introduction.)
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Council Member Pickler moved to waive the reading in full of the resolutions
and ordinances. Council Member Hunter seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Hunter, 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. 91R-102 through 91R-109, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5211 for adoption and
Ordinance No. 5213 for introduction. Refer to Resolution/Ordinance Book.
City Manager James Ruth announced an additional item on the Consent Calendar
(designated Al9) which is also to be acted upon at this time.
Al. 105: Receiving and filing minutes of the Golf Advisory Commission meeting
held January 23, 1991.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for February, 1991.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held February 27, 1991.
A2. 158: RESOLUTION NO. 91R-102: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE GRANT OF A QUITCLAIM DEED AND AUTHORIZING THE
EXECUTION THEREOF. (Termination of a temporary construction easement, granted
to the City by the Anaheim Hills Community Church.)
A3. 168: RESOLUTION NO. 91R-103: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE RENAMING OF PACIFICO AVENUE, LOCATED BETWEEN THE
SANTA ANA (5) FREEWAY AND ANAHEIM STADIUM, TO GENE AUTRY WAY
A4. 177: Approving the acceptance of $56,000 in Emergency Shelter Grant funds
from the U. S. Department of Housing and Urban Development (HUD), and
authorizing the Executive Director to sign the Agreement with HUD.
A5. 130: ORDINANCE NO. 5213 - (INTRODUCTION}: AN ORDINANCE OF THE CITY OF
ANAHEIM ESTABLISHING PROCEDURES FOR THE PROCESSING OF APPLICATIONS FOR
FRANCHISES INCLUDING TRANSFERS THEREOF.
A6. 114: ORDINANCE NO. 5211 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM
RELATING TO THE COMPENSATION OF MEMBERS OF THE CITY COUNCIL.
A7. 137: RESOLUTION NO. 91R-104: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONSENTING TO EIGHTH AMENDMENT TO INDENTURE OF TRUST BETWEEN
CALIFORNIA LOCAL AGENCY/ANAHEIM REDEVELOPMENT AGENCY, RELATIVE TO REVENUE BONDS
1986 ISSUE A.
A8. 155: Authorizing the Mayor to apply to the Orange County Water District
(OCWD) for a $750,000 low interest loan to construct Well No. 46, in Boysen
Park, on State College Boulevard at Wagner Avenue.
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A9. 123: Approving an Agreement with Power Engineers, Inc., at a cost not to
exceed $71,475 for engineering, design and drafting services for the Fairmont
Substation Transformer Bank 2B installation.
Al0. 113: RESOLUTION NO. 91R-105: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN 2
YEARS OLD. (City Attorney Department records.)
All. 123: Approving an Agreement with Anaheim Interfaith Shelter, Inc., and
authorizing the Executive Director to execute a Deed of Trust in the amount of
$12,000 for rehabilitation of the shelter facility located at 616 North Pauline
Street.
Al2. 139: RESOLUTION NO. 91R-106: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM OPPOSING MEASURE 'J# ON THE MAY 14, 1991, SPECIAL ELECTION
BALLOT.
A13. 103: RESOLUTION NO. 91R-107: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AGREEING TO A REDISTRIBUTION OF PROPERTY TAXES FOR ANNEXATION
NO. 280 - THE GYPSUM CANYON ANNEXATION - TO THE CITY OF ANAHEIM.
Al4. 113: RESOLUTION NO. 91R-108: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS MORE THAN TWO
YEARS OLD (City Clerk departmental records).
Al5. 158: Authorizing the payment of $74,622.92 to Nu Anaheim Limited
partnership, pursuant to agreement on file, for business relocation payments
for building modifications at 723, 725 and 727 North Anaheim Boulevard - North
Anaheim Boulevard Street Widening Project.
Al9. 169: RESOLUTION NO. 91R-109: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING THE ORANGE COUNTY TRANSPORTATION COMMISSION'S
STRATEGIC PLAN TO EXPEND MEASURE "M# FUNDS FOR FULL RIGHT-OF-WAY ACQUISITION
FOR WIDENING THE SANTA ANA FREEWAY (INTERSTATE ROUTE 5) BETWEEN STATE ROUTES 22
AND 91.
Roll Call Vote on Resolutions:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL }4EMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution Nos. 91R-102 through 91R-109, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Ordinance No. 5211 duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M.
Al6. 151: FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY ADJACENT TO
THE ANAHEIM ARENA (SCARBROUGH TRUSTS.):
To consider finding and determining the public interest and necessity
for acquiring and authorizing the condemnation of certain real
property adjacent to the Anaheim Arena for parking purposes, and
authorizing use of eminent domain authority and the law firm of
Oliver, Stoever, Barr and Vose, Special Counsel to the City, to
proceed with said condemnation action.
Submitted previously was report dated March 19, 1991 from the Community
Development Department recommending the subject action. This matter was
continued from the meeting of March 19, 1991 to this date. Input was received
at that meeting (see minutes that date).
Robert Zur$chmiede, Property Services Manager. On March 19, 1991, the subject
hearing was opened and testimony taken and subsequently staff requested the
Council continue the matter until today in order to allow staff to consider a
proposal made at the February 26, 1991 meeting by Mr. Kennedy. The proposal
was discussed with Mr. Craig Kennedy, attorney representing the property
owner. Staff does not feel it is appropriate to proceed with that proposal at
this time. Council should take any additional testimony. Staff recommendation
is the same as a few weeks ago which is to proceed with the resolution of need
and necessity. If there are any additional questions, Eminent Domain Counsel
is present. The property owner and long-term lessee are permitted to speak on
the item.
Mr. Craig Kennedy, Attorney, Hillgren and Kennedy, 1400 Quail, Newport Beach.
He is representing Clayton Eugene Scarbrough and Donna Jean Scarbrough, the
landowners. On July 21, 1989, the Mayor signed a parking concession agreement
with the County of Orange for approximately 17 acres for parking for the
Anaheim Arena. Erroneously 2 acres were included in the 17 acres which
belonged to the Scarbroughs in fee and which is leased to Campanula
Properties. The County has subsequently acknowledged they had no right to
grant the parking concession agreement to the City. All they had was a mere
flood control easement and did not have the right to license this use for
parking purposes to the City of Anaheim. The request by the Scarbroughs was
primarily in substance to receive the same monies on a ratable basis that the
City has already agreed to pay to the County for the same acreage. Pursuant to
the parking concession agreement, the rent that was to be paid by the City to
the County Flood Control District was 5% of the net arena profit and net
parking revenue of 5%. The City has already agreed to pay this amount to the
County for the right the County acknowledges now that it does not have. At
this time instead of offering the Scarbroughs the commensurate amount, City
staff has only offered them some lease payments which would be based upon an
encumbered fee of $70,000 which is a mere fraction or less than 5% of what was
agreed to be paid to the County for the same property and same rights. Also,
the County and Anaheim have agreed upon ameliorative provisions so that the
flood control would remain in effect. What has to happen is that the City and'
County agree that the two acres were never to be included in the parking
concession agreement and merely turn it over to the Scarbrough Trust and its
tenant as opposed to the County. It does not cause the City to come out of
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pocket. The Scarbrough Trust questions why the City would offer such a small
amount to them when they are fee owner when the City offered such a
significantly larger amount to the Flood Control District who merely had a
flood control easement to the same property. At this time, there is no
necessity for the property to be taken by eminent domain only for the City to
pay the Scarbroughs and its tenant the same amount it already agreed to pay the
Orange County Flood Control District.
Mayor Hunter asked if any other principal wished to speak; there being no
response he closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-110)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-110 for adoption, finding and
determining the public interest and necessity for acquiring certain real
property (Scarbrough Trusts). Refer to Resolution Book.
RESOLUTION NO. 91R-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (Scarbrough
Trusts).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Ehrle and Hunter
Pickler
None
The Mayor declared Resolution No. 91R-110 duly passed and adopted.
Al7. 178: APPOINTMENT TO THE ORANGE COUNTY WATER DISTRICT {OCWD) BOARD OF
DIRECTORS (DIVISION): Appointment to the subject board effective April 1,
1991, to fill the vacancy of August F. Lenain.
This matter was continued from the meeting of March 19, 1991, to this date (see
minutes that date).
MOTION: Council Member Hunter moved to appoint Mayor Pro Tem Ehrle to the OCWD
District Board of Directors with Council Member Pickler as an alternate.
Council Member Simpson seconded the motion. Council Member Daly voted no.
MOTION CARRIED.
Al8. 173: CENTRAL ORANGE COUNTY FIXED GUIDEWAY AGENCY - APPOINTMENT OF
DIRECTORS/ALTERNATES AND APPROVING JOINT POWERS AGREEMENT: Appointing a
Director and two alternates to the Central Orange County Fixed Guideway
Agency. At the meeting of April 2, 1991, City Council approved Resolution
No. 91R-97 approving the formation of the Central Orange County Fixed Guideway
Agency. A subsequent action is for the Council to approve a Joint Powers
Agreement establishing the Agency.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M.
MOTION: Council Member Ehrle nominated Mayor Hunter as Director and Council
Members Simpson and Daly as alternates to the Central Orange County Fixed
Guideway Agency. Council Member Daly seconded the nominations.
There being no further nominations, the City Council unanimously approved the
appointment of Mayor Hunter as director and Council Members Simpson and Daly as
alternates to the Agency.
MOTION: Council Member Pickler moved to approve the Joint Powers Agreement to
establish Central Orange County Fixed Guideway Agency in accordance with
Resolution No. 91R-97 which established the Joint Powers Agency. Council
Member Ehrle seconded the motion. MOTION CARRIED.
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 21, 1991, DECISION
DATE: MARCH 28, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 12, 1991:
B1. 179:
VARIANCE NO. 4117 AND NEGATIVE DECLARATION:
OWNER: LARRY R. SMITH, 17045 Marina Bay Drive, Huntington Beach, CA
92643.
AGENT: ANACAL ENGINEERING COMPANY, 1900 E. La Palma Ave., Suite 202,
Anaheim, CA 92803-3668.
LOCATION: 919-959 S. Knott Street. Property is approximately 3.56
acres located at the north and west of the northwest corner of Ball
Road and Knott Street.
Waiver of required lot frontage to permit a 2-lot parcel map.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4117 APPROVED (ZA91-14).
Approved Negative Declaration.
B2. 179:
VARIANCE NO. 4119, CATEGORICALLY EXEMPT~ CLASS 5:
OWNER: RONALD M. AND LINDA M. MORGAN, 545 Sherwood Drive, Anaheim,
CA 92805.
LOCATION: 545 Sherwood Drive. Property is approximately .22 acre
located on the west side of Sherwood Drive approximately 176 feet west
of the centerline of Grove Ave.
Waiver of required side yard setback to construct a 70 square foot
bathroom addition to an existing single story residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4119 APPROVED (ZA91-15).
B3. 179: CONDITIONAL USE PERMIT NO. 3399 AND NEGATIVE DECLARATION:
OWNER: REDONDO INVESTMENT COMPANY, P.O. Box 14478, Long Beach, CA
90803, Attn: C. Robert Langslet, General Partner.
AGENT: HSW ASSOCIATES, P.O. Box 1566, San Juan Capistrano, CA 92693,
Attn: Harry $. Weinroth.
LOCATION: 6362 Santa Ana Canyon Road (Anaheim Hills Shopping
Village). Property is approximately 6.6 acres located at the
southwesterly corner of Santa Ana Canyon Road and Fairmont Boulevard.
To permit on-sale alcoholic beverages in a proposed 3,990 sq. ft.
restaurant with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3399 APPROVED (ZA91-16).
Approved Negative Declaration.
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B4. 179 ORDINANCE NO. 5212 - (ADOPTION): Amending Title 18 of the Anaheim
Municipal Code to rezone property under Reclassification No. 63-64-62(27)
located 650 South Webster Avenue, from the RS-A-43,000 zone to the RM-1200
zone. (Introduced at the meeting of April 2, 1991, Item Bll.)
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance No. 5212)
Council Member Hunter moved to waive the reading in full of the ordinances.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5212 for adoption, amending Title
18 of the Anaheim Municipal Code to rezone property under Reclassification No.
63-64-62(27) located 650 South Webster Avenue, from the RS-A-43,000 zone to the
RM-1200 zone. Refer to Ordinance Book.
ORDINANCE NO. 5212: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Ordinance No. 5212 duly passed and adopted.
B5. 179: ORDINANCE NO. 5214 -(INTRODUCTION): Amending Title 18 of the
Anaheim Municipal Code to rezone property under Reclassification No. 88-89-39
located at 1111 W. La Palma Avenue (Anaheim Memorial Hospital Association),
from the RS-7200 zone to the CO zone.
Council Member Ehrle offered Ordinance No. 5214 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5214: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP I~EFEP~tED TO IN TITLE 18 OF THE AN~EIM MUNICIPAL CODE ~tELATING TO ZONING.
Cl. 107: APPLICATION FOR POOL ROOM PERMIT - THE 20'S - 1827 W. KATELLA:
Application submitted by Beatrice Ann Mitchell to operate a pool room in
conjunction with a bar establishment with three pool tables at The 20's,
1827 W. Katella Avenue.
Submitted was report dated April 4, 1991, from the Planning Department/Code
Enforcement Division recommending approval of the application.
John Poole, Code Enforcement Manager stated that staff is recommending approval
of the subject application.
MOTION: Council Member Pickler moved to approve the Pool Room permit
application submitted by Beatrice Ann Mitchell for The 20's at 1827 W. Katella
Avenue. Council Member Ehrle seconded the motion. MOTION CARRIED.
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City Hallt Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M.
C2. 107: APPLICATION FOR POOL ROOM PERMIT - SHERWOOD INN - 413 S.
BROOKHURST: Application submitted by Herald Demmerle and Bernard K. Tran to
operate a pool room in conjunction with a cocktail lounge with four pool tables
at the Sherwood Inn located at 413 S. Brookhurst Street.
Submitted was report dated April 4, 1991, from the Planning Department/Code
Enforcement Division recommending denial of the subject application.
John Poole, Code Enforcement Manager. Staff is recommending denial of the
requested permit. This area is one where there have been numerous citizen
complaints regarding all the activities listed (see staff report dated April 4,
1991). As a result of those complaints, Code Enforcement investigated a number
of bars in the area. It was found in this particular establishment that there
were four pool tables without a permit and that is why the matter is before the
Council tonight.
MOTION: Council Member Pickler moved to deny the Pool Room permit application
for the Sherwood Inn, 413 S. Brookhurst Street. Council Member Hunter seconded
the motion. MOTION CARRIED.
A gentlemen from the audience requested to speak to this item - a Mr. Norman
Johnson, resident of Anaheim involved in the sale of the Sherwood Inn. Over
the years there have been no problems at the establishment. He understands the
Council is concerned about the area. Sherwood Inn caters to older clientele,
not a rowdy crowd. The pool tables will not create any problem. They have
been at that location for some time. If the pool tables have to go, they will
be replaced by more seating. He does not understand why the application is
being denied.
Mayor Hunter. He referred to the report the Council received which showed the
number of incidents to which the police had to respond which occurred at
Sherwood Inn over the past five years totalling thirty-two. The Police
Department and Code Enforcement recommended denial. They were very strong in
their recommendation and that is why the Council has denied the request.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
RECESS: By general consent the Council recessed until the public hearing time
at 6:00 p.m. (5:52 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council members being
present. (6:04 p.m.)
D1. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3389 AND MITIGATED NEGATIVE DECLARATION:
OWNER: MECCA LEISURE (CAL), INC., A FLORIDA CORPORATION DBA, Orlando
Entertains, 1556 E. Katella Ave., Anaheim, CA 92805
AGENT: L. A. ENTERTAINS, INC., Attn: Gordon Lucas, 1556 E. Katella
Ave., Anaheim, CA 92805
LOCATION/REQUEST: The property is located at 1859 S. Manchester
Avenue and is approximately 2.93 acres located on the southwest side
of Manchester Ave. and approximately 780 feet south of the centerline
of Katella Way.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M.
The request is to permit a 750-seat theme-type dinner theatre with on
premise sale and consumption of alcoholic beverages, and
conditionally permitted signs, including two electronic, digital,
changeable copy message board signs with waiver of (A) minimum number
of parking spaces, (B) maximum number of wall signs, (C) maximum
structural height adjacent to single-family residential, (D) minimum
landscaped screening abutting residential property, (E) prohibited
signs and (F) permitted encroachments in front setback. (Waiver F was
subsequently deleted by revised plans as reported during the public
hearing.)
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3389 GRANTED (PC91-33) (6 yes votes, I absent).
Waiver of code requirement APPROVED (waiver (E) denied.
Approved Mitigated Negative Declaration, with conditions that relate
to the sewer capacity problems in the CR area and that those
conditions require a payment of a fee to enlarge certain sewer lines.
HEARING SET ON: A letter of appeal was submitted by Elfend and Associates and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - March 28, 1991
Mailing to property owners within 300 feet - March 26, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 11, 1991. A subsequent
report dated April 8, 1991, was also submitted by the Planning Director.
Joel Fick, Planning Director. He first noted that Waiver (F), permitted
encroachments in front setback, has been deleted by revised plans. He briefly
described the subject project and surrounding land uses. He then referred to
his report dated April 8, 1991, submitted to the City Manager and City Council
this morning in response to a letter received Friday from Mr. Frank Elfend.
(See letter dated April 5, 1991). Four clarifications were requested to the
Planning Commission's approval of the project. Several are technical in nature
and staff agrees with those. The one item relating to the statues proposed on
the building was not approved by the Planning Commission and staff concurs in
that decision. Staff does not believe those items add to the proposal and
recommends that portion of the change recommended by the consultant not be
amended. He then clarified for the Mayor that the issue tonight relates to the
statues. Condition 5, 5A, 16 and 35 were requested for amendment by the
applicant (see the Planning Director's report of April 8, 1991). Staff is in
agreement with those amendments. However, Condition 35 has an (A) and (B)
portion. The (A) portion pertains to three proposed roof mounted statues. The
(B) portion pertains to a landscape buffer adjacent to the mobile home park.
Staff agrees with portion (B), but not portion (A).
APPLICANT'S
STATEMENT:
Frank Elfend, Elfend and Associates, 4675 Mac Arthur Boulevard,
Newport Beach. He is present on behalf of L.A. Entertains. As
staff indicated, the focus is on the one issue relative to the
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City Hall, Anaheimt California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M.
statues they are requesting be included in the project. Mr.
Elfend then briefed the project supplemented by slides as well as
giving background on the applicant, L.A. Entertains noting that
one of their projects, Wild Bills just opened in Buena Park. (He
showed slides of the facility.) He then gave the history of the
subject project since it started through the City approximately a
year ago. He particularly emphasized one slide showing the
ultimate widening of the I-5 Project as anticipated by Cal Trans
noting that the subject property along with the adjacent property
will be sandwiched between the Pacifico Bridge and the ultimate
interchange at Katella. Because of that, a 12-to 14-foot high
sound barrier will be installed which will just about cover the
footprint of the building. It is a high quality building in
terms of construction. Landscaping has been an important
consideration. There is a 40-foot fully landscaped setback from
Manchester and as shown on the Cal Trans widening, most of that
setback will be visible from Manchester Avenue. Adjacent to the
mobile home park is an 8-foot decorative wall planted with vines
with a 10-foot fully landscaped setback. The footprint of the
building covers 20% of the site. The project is consistent with
all General Plan Guidelines and the newly adopted design
criteria. It will create the type of environment which will be a
major tourist destination for the City.
The only remaining item is their request to permit three statues
as a part of the entertainment facility. All other items were
resolved with the Planning Commission or staff. Mr. Fick
provided him with a copy of his April 8, 1991, report and they
are in concurrence with all amendments with the exception of the
statues. The figures - a Dragon, a Knight and a Gargoyle - are
part of the building architecture. The statues and figures are
architectural enhancements to the medieval castle structure. One
of the slides presented showed the entrance to the Disney
Corporate facility in Burbank which included the statues of the
Seven Dwarfs on the top part of the building.
Mr. Elfend continued that to ensure the City's control over the
appearance of the proposed figures, they are proposing an
additional Condition No. 39 which he submitted to staff today
under letter dated April 9, 1991. The condition is as follows:
Prior to the installation of the three statues
shown on the Design Development Plan, the
applicant shall submit photographs of the proposed
figures for Planning Commission approval as a
report and recommendation item.
It would then be reviewed by the City Council on a Council agenda
and the Council would have the ability to act on it if they
wished. The intent of those figures are to communicate the
festive and entertainment architectural theme of the building.
They believe the statues will be a real asset to the building and
communicate the true quality and nature of the development.
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Mayor Hunter opened the public hearing and asked to hear from anyone who wished
to speak; there being no response he closed the public hearing.
Council Member Daly. He first stated he appreciated the Cal Trans right-of-way
map and asked staff when there are future development proposals along the I-5,
it would be an excellent exhibit to include in the backup material. As he had
discussed with Mr. Elfend a few days ago, this project is a gateway project.
He is concerned with the height of the building and the message boards
necessitating waivers for both which is not consistent with the City's new
design standards.
Frank Elfend. The height of the theatre itself is approximately 38 feet and he
believes 33 feet is permitted. The remaining projections adjacent to
Manchester are 60 feet and they are over 176 feet from the adjacent residential
area. There is also a rear turret and tower both approximately 46 to 48 feet.
For the most part, the building itself is fairly close to what the code
currently permits. The business need is to be able to create seating capacity
and the architectural theme the applicant desires to promote in terms of an
authentic medieval castle. The building presently on the property is
approximately 28 feet high. He clarified that the highest point of the
structure is 60 feet - the flag pole is at 74 feet. Relative to the message
boards, it is a communication system and is permitted in the zoning code. It
requires review of the decision making body.
Council Member Daly. One of the waivers is for both total number of signs and
the message board signs. Mr. Elfend is saying the message board signs are
allowed with the new design standards. He asked for clarification from staff.
Joel Fick, Planning Director. Message boards are permitted by conditional use
permit. That is the reviewing mechanism. They are not permitted as a matter
of right. There are some variances attached to the proposal. By the code and
design standards, one wall sign totaling 100 square feet would be permitted as
a matter of right. Four are proposed counting the two electronic signs and the
two wall signs which constitute the King Henry's Feast identification. The
latter two signs are 44 square feet and 52 square feet. The two electronic
signs are 100 square feet each. There will be four signs - two electronic and
two wall signs. In addition, in terms of identification for the facility
besides the castle itself, there are the banners proposed and the flag pole.
Council Member Daly. One of his concerns is the recently adopted new design
guidelines for the entire CR area done at considerable expense and use of staff
time in response to the loud and clear message from citizens of the community
to raise planning standards in the Disneyland area. Those new standards are
now in place. He is concerned at the first available opportunity, the Planning
Commission approved five waivers to the guidelines. He feels this project is a
very appropriate use of the sight but feels it can be better. He does not
believe the waivers are necessary and the guidelines are in place for that
reason. The project can be made to comply with all design guidelines. He is
concerned with too many signs and a very tall structure near the freeway. It
is a gateway project at the most important intersection in Anaheim in terms of
image of the City. He suggests the developer make one more attempt to modify
the project so that all conditions are met. He considers all the waivers
significant and cannot support the project.
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Mr. Elfend then asked for the opportunity to clarify some of the comments made
by Council Member Daly. He also explained what he felt was the logic system
used when the Planning Commission granted the waivers (see Planning Commission
minutes of March 11, 1991). Further, design guidelines are just that -
guidelines.
Council Member Pickler. He sees the need for the signs but not the statues.
The height and size of the building is sufficient to catch the eye. He concurs
this is an important entrance to the CR zone. The Council has been talking for
years about Harbor Boulevard and eliminating signs. He feels the statues will
deteriorate from what he believes to be a good project. A Dragon, Knight and
Gargoyle are not necessary and will detract from what they are trying to
accomplish in the CR area.
Discussion then followed concerning the figures on the Disney building in
Burbank. It was determined that the building is the Disney Corporate building
and the figures, although they cannot be seen from the freeway, are visible
from the street.
Additional discussion followed with Council Members Daly and Pickler
reiterating their concerns why the project should not be approved as submitted
and Council Members Ehrle and Hunter expressing an opposite view. Council
Member Simpson favors the project with the addition of the proposed condition
giving the Council the opportunity later on to act on the statues.
City Attorney White. If Condition No. 39 is acceptable, he recommends one
minor wording change as follows: 'Prior to the installation of the three
statues shown on the Design Development Plan, the applicant shall submit
photographs of the proposed figures...' with the change, '...to the Planning
Commission as a report and recommendation item and said figures shall be
subject to the approval of the Planning Commission.' The decision of the
Planning Commission shall be subject to review by the City Council as a
non-public hearing item in the manner set forth in section 18.03.080 of the
Anaheim Municipal Code. He also clarified for Council Member Simpson, the way
he would characterize Condition No. 39, if the Council approves the project
with the wording either as originally proposed or as he suggested, it would
come back to the Council but not as a public hearing. The only decision would
be to approve it with some modifications as to size, color, location or deny it
entirely. The only ability the Council would have since this is part of a CUP,
as the Mayor suggested, if in the future the use is operated in a manner
detrimental to public health, safety or general welfare, a hearing could be
held to either review or modify the conditions.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION~ On motion by Council
Member Hunter, seconded by Council Member Pickler, 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 Daly voted no. MOTION
CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-111)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-111 for adoption, granting
Conditional Use Permit No. 3389 subject to City Planning Commission conditions
but with amendments to Conditions No. 5, 5A, 16 and 35 as agreed to by staff
and the applicant and adding Condition No. 39 as requested by the applicant
subject to the minor wording change proposed by the City Attorney regarding the
three statues. Refer to Resolution Book.
RESOLUTION NO. 91R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3389.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle and Hunter
Daly and Pickler
None
The Mayor declared Resolution No. 91R-111 duly passed and adopted.
D2. 172: PUBLIC HEARING - PROPOSED JULIANNA AND VICTOR AVENUE TEMPORARY
STREET CLOSURES:
To discuss a temporary street closure to through traffic on Julianna
and Victor Avenues by installing either gates or bollards plus the
placement of trees next to the gate to narrow the street to
approximately 20 feet. The Julianna Avenue closure will be
constructed at the farther west end of the cul-de-sac to allow all
single family detached homes to remain in the east side of the
closure. The Victor Avenue closure will take place at the west end of
the cul-de-sac. A public hearing on this matter was held February 26,
1991 (see minutes that date) where extensive discussion and input took
place. It was subsequently determined that the Community Development
Department would contact/notify the residents in the
Julianna/Victor/Hall area to set up a community meeting at the Patrick
Henry School where the issue would be discussed further and a report
submitted to the Council at a future date.
Submitted was report dated March 19, 1991, from the Executive Director of
Community Development to the City Manager/City Council giving a
status/follow-up report after the meeting with the residents on March 12, 1991,
and report dated April 9, 1991, recommending that the City Council open the
public hearing, receive testimony and subsequently make a final determination
relative to the proposed closures after environmental certification tentatively
scheduled for May 14, 1991.
Lisa Stipkovich, Executive Director of Community Development. This matter was
continued from the Council Meeting of February 26, 1991, but at this time it is
proposed that the temporary closure of Victor Avenue be included along with
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Julianna. A community meeting was held March 12, 1991. During the discussion,
an acceptable proposal was developed which would actually allow for a temporary
street closure to occur at a relatively small cost. One way they were able to
do that was to move the proposed closure on Julianna street to the west of
two-single family homes. The previous plan would have necessitated acquiring
those homes. By moving the barrier to the west eliminated that problem and
they continued to be a part of that single family area. The neighborhood
seemed pleased with the plan. Staff then suggested they apply for a $15,000
grant from Community Development Block Grant (CDBG) funds, in order to fund the
temporary closures. They were successful in getting that money allocated and
Council has approved that funding out of contingency funds. Ail City
departments are recommending the temporary closures of both Julianna and
Victor. Staff feels that some temporary closures of this nature will
undoubtedly be incorporated in a final neighborhood plan for the area to the
west. Staff has submitted to the Council as a separate packet the proposed
neighborhood plan for what they call the south-of-Romneya area. Staff is
recommending that the temporary street closures be approved. She believes the
neighborhood groups are pleased and in support of the proposal.
City Attorney White. The prior hearing was continued indefinitely. Ail of the
testimony given at that hearing (see minutes of February 26, 1991) is deemed
incorporated as part of tonight's hearing and need not be duplicated. If there
is new information, Council should receive that at this time. Secondly, City
staff has prepared a negative declaration under the terms of the California
Environmental Quality Act which has been posted as required by law, but the 21
day period specified for receipt of comments has not expired and will not for
another two weeks. His recommendation, after testimony is received, is that
the Council close the public hearing and that this item be continued to the
meeting of May 14, 1991, at which time the Council will be presented with the
resolution that would effectuate the street closures for final consideration at
that time with any comments which may be received within the public review
period on the negative declaration.
Mayor Hunter reopened the public hearing and asked to hear from anyone who
wished to speak.
Don Parsons, 700 West Julianna. The compromise proposed is a reasonable one.
It will accomplish part of their goals now and they will just have to wait to
see what happens in the future. Both Lisa Stipkovich and Bertha Chavoya have
done a fine job. He does not believe there is any objection from the
residents.
Mike Kimroe, 14201 Bowen, Garden Grove. He lives in Garden Grove but owns
property at 623 Victor. He was not aware of the community meeting. He
questioned if the street is narrowed to 20-feet and cars are driving at a high
rate, would that create an additional hazard. It was his understanding that
the street was going to be blocked off completely.
Lisa Stipkovich, Executive Director of Community Development. She first
explained that a notice of the March 12, 1991 community meeting was given to
the property owners on both Julianna and Victor. Relative to the proposed
closure, the whole street will not be narrowed, only the area that will be
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closed off with trees and barriers, a gate or bollards. The size of the street
overall will not change.
Worth Paulsen, 622 West Julianna. At the last Council meeting, Victor street
was not proposed to be closed. If Mr. Kimroe is that interested, he should do
something about his street because he owns the property and the area is run
down.
Nancy Holloway. Her parents live at 520 West Victor. She is in agreement
relative to the proposal to close the streets. However, she asked the Council
to consider the alley between Victor and Julianna. At present, it is sometimes
a race track with people going up and down the alley. She has a concern with
regard to the consequences if that alley is the only remaining through access.
Lisa Stipkovich. Staff is looking at the alley issues in the overall plan.
However, there is a lot more involved with trash collection, etc., that occurs
in the alleys. They will make that recommendation as part of the long-term
plan.
Mayor Hunter. There being no further persons who wished to speak, he closed
the public hearing portion of the subject hearing.
MOTION: Council Member Hunter moved to continue the decision relative to the
temporary street closures of Julianna and Victor Avenue to May 14, 1991.
Council Member Pickler seconded the motion. MOTION CARRIED.
City Attorney White. He clarified that at the meeting of May 14, 1991, action
will be taken by the Council. No further public testimony will be received.
The item will be listed on the Council's Consent Calendar.
107: RECONSIDERATION REQUEST - ANAHEIM HILTON AND TOWERS TRANSIENT OCCUPANCY
TAX: Mayor Hunter referred to action taken on February 26, 1991, wherein the
Council denied the appeal of Anaheim Hilton and Towers regarding transient
occupancy tax and their request for waiver of penalties on late payment
assessed for the month of November, 1990, in the amount of $34,121.98. Anaheim
Hilton and Towers subsequently requested reconsideration of the action taken by
the Council. He thereupon moved that the matter be agendized for
reconsideration at the next available date.
Before further action was taken, City Attorney White explained that there are
two procedures - one is a request for reconsideration and the other is a motion
to rescind an action previously taken. A motion to reconsider has to be made
either at the same or next following meeting. A motion to rescind a previous
action does not have any time limitation. A motion to reconsider would not be
timely but if the motion is to rescind the denial, the Council could act on
that.
MOTION: Council Member Hunter moved to rescind Council action taken on
February 26, 1991, denying the appeal of Anaheim Hilton and Towers relative to
waiver of penalties on late payments assessed for the month of November, 1990,
in the amount of $34,121.98. Council Member Simpson seconded the motion.
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Before action was taken, Council Member Pickler spoke against the motion. The
ordinance governing payment of transient occupancy tax has been on the books
for many years. He feels the Council is picking and choosing the ones they
want to approve and deny relative to payment of penalties assessed which is not
positive. The monies involved are what hotel owners have not paid to the City
where the City could be earning interest if paid by the due date. He suggests
they go back five or eight years and do the same thing for everyone. If they
want to change the rules, he could understand that but does not agree with a
rehearing or reconsideration relative to penalties for late payments of
transient occupancy tax. He will vote against the motion.
Mayor Hunter. In this situation, he feels there are extenuating
circumstances. After the matter was heard by the Council, he was contacted by
the manager of the Anaheim Hilton who explained that the person in charge of
the finance department was supposed to be present at the Council meeting.
Unfortunately, there was a death or illness in the family of the person who was
supposed to be present at the Council meeting. He understands this is a
situation where the payment was one day late. The circumstances are such to
warrant a reconsideration.
After a brief Council discussion with the City Attorney on whether or not this
was a situation where the matter should be referred out, it was determined that
the Council would hear the appeal.
A vote was then taken on the foregoing motion and carried by the following
vote: Ayes: Simpson, Daly, Ehrle and Hunter
No: Pickler
ADJOURNMENT: By general consent the Council adjourned. (7:15 p.m.)
LEONORA N. SOHL, CITY CLERK
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