1991/12/03City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M.
PRESENT:
ABSENTs
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:55 p.m. on November 27, 1991 at the Civic Center kiosk, containing
all items.
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.
City of Anaheim vs. Admiral Insurance Company et al., Orange County
Superior Court Case No. 53-16-60.
Amaral et al. vs. City of Anaheim, Orange County Superior Court Case
No. 51-06-53.
Samis et al. vs. City of Anaheim, Orange County Superior Court Case
No. 63-70-77.
City of Anaheim vs. Ertzen, et al. SCV# 24-64-02.
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 meet with the City's designated negotiator concerning
possible lease of real property owned by the City, located at 800 W.
Katella Avenue to the Community Center Authority.
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f. To meet with the City's designated negotiator concerning
possible acquisition or sale of certain real property in the
vicinity of 1313 South Harbor Boulevard owned by Walt Disney Co.
g. 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. (3:00 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. (5:35 p.m.)
INVOCATION: Pastor Jarrell Garsee, Anaheim First Nazarene, gave the
invocation.
FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - ANAHEIM HALLOWEEN FESTIVAL COMMITTEE: Chris Jarvi,
Director of Parks, Recreation and Community Services introduced the members of
the 1991 Halloween Festival Committee and recommended to the Council that there
be recognition for the 1991 Halloween Festival Committee for their outstanding
service to the community: Festival Chairman, Arlene Taormina-Ready; First Vice
President, Andrea Manas; Second Vice President, Fred Brown; Third Vice
President, Earline Jones; Fourth Vice President, Mike Sofia; Treasurer, Vance
Ready; Secretary, Reon Boydstun Young; Historian, Bev Fast; Parking Chairman,
Todd Ament; Poster Art Chairman, Genevieve Bennett; By-Laws Committee,
Charlotte Brady and Frank Feldhaus; Parade Committee, Orlo Fast; Disneyland
Support, Jim Vuger; Parade Chairman, Rick Horn; Pancake Breakfast Chairman,
Terry Inns; Representing Phil Aguilar (Set Free Church) in cleanup and
entertainment, Louis Trader.
Terry Lowe, Parks, Recreation and Community Services Department, Recreation
Services Manager. Presented each of the members of the committee with a
certificate of recognition and appreciation for their excellent work and
dedicated effort to make the 1991 Halloween Festival and Parade, the 68th
Festival, a success.
Mayor Hunter and Council Members personally congratulated and commended each of
the committee members.
Arlene Taormina-Ready stated that many of the committee members, dedicated
volunteers, had worked on the annual festivals for the past 15 to 20 years. On
behalf of the Board of Directors, she thanked the members of the Council and
staff for honoring the committee this evening. She also thanked the Parks and
Recreation Department for giving their continued support and guidance as well
as all those individuals, groups, and organizations that contributed to making
Anaheim Halloween Festivals a success. After 68 years, it is sad to know that
the festival has seen its last days. It is a chapter in Anaheim history that
is closing, but it is not the end of the book because there are so many other
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worthwhile community events to participate in. The Board and Committee are
proud to be a part of the community and will continue to serve it and support
it in anyway they can.
PRESENTATION - ANTI-GRAFFITI AWARD: Mayor Hunter first read from a newspaper
article which explained that ten-year old Joel Perez when walking home from
school in September spotted several men spray painting graffiti on a wall.
This made him so angry that he ran home and called the Police who arrived in
time to arrest the vandals. Because of that action, Joel is being presented
tonight with a check for $500 which is the first juvenile reward to be given
under the City's two-year old graffiti removal program.
Mayor Hunter and Council Members personally congratulated Joel who was
accompanied by his mother. Members of the audience joined in applauding the
youngster for his courage and commitment in helping to wipe out graffiti in
Anaheim.
Joel expressed the concern he felt when he saw the church wall being defaced.
He also urged other kids not to be afraid to speak up if they see the same
thing taking place.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
Nepcon Week in Anaheim, February 24-28, 1992
MINUTES: Council Member Simpson moved to approve the minutes of the regular
meeting held November 5, 1991 and adjourned regular meeting of November 5, 1991
held November 8, 1991. Council Member Ehrle seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,012,934.47 for the
period ending November 22, 1991 and $4,281,378.39 for the period ending
November 27, 1991, 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. (5:58 p.m.)
Mayor Hunter reconvened the City Council meeting. (6:00 p.m.)
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Daly, 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-324 and 91R-325 for adoption and Ordinance No. 5274
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. (Resolution
Nos. 91R-324 and 91R-325 and Ordinance No. 5274.)
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Council Member Pickler moved to waive the reading in full of the resolutions
and ordinance. Council Member Daly seconded the motion. 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 Robert G. and Lori A. Arneal for property damage
purportedly due to actions of the City on or about August 28, 1991.
b. Claim submitted by Sherry Swift for bodily injury sustained
purportedly due to actions of the City on or about June 21, 1991 and
October 8, 1991.
c. Claim submitted by Ken Spangle for property damage sustained
purportedly due to actions of the City on or about August 5, 1991.
d. Claim submitted by Ken Spangle for property damage sustained
purportedly due to actions of the City on or about August 5, 1991.
e. Claim submitted by Southern California Gas Co. for property damage
sustained purportedly due to actions of the City on or about August 12, 1991.
f. Claim submitted by Katheryn R. Winn for bodily injury sustained
purportedly due to actions of the City on or about June 23, 1991.
g. Claim submitted by Donna Thompson for property damage sustained
purportedly due to actions of the City on or about October 26, 1991.
h. Claim submitted by Restaurant Mito, Inc. for property damage sustained
purportedly due to actions of the City on or about November 3, 1991.
i. Claim submitted by Sargio Rene N. Salazar and Brian Garcia for bodily
injuries sustained purportedly due to actions of the City on or about
October 21, 1991.
j. Claim submitted by Em.kay Development Company and Morrison-Knudsen
Company, Inc. for indemnity sustained purportedly due to actions of the City
on or about September 20, 1991 and September 12, 1991 respectively.
k. Claim submitted by Matthew Honos for bodily injury sustained
purportedly due to actions of the City on or about July 3, 1991.
1. Claim submitted by Raymond T. Matsumoto for property damage sustained
purportedly due to actions of the City on or about October 18, 1991.
m. Claim submitted by Nancy Bennett for bodily injury sustained
purportedly due to actions of the City on or about October 4, 1991.
n. Claim submitted by Kara K. Spoon for property damage sustained
purportedly due to actions of the City on or about October 7, 1991.
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o. Claim submitted by Pacific Bell for property damage sustained
purportedly due to actions of the City on or about June 28, 1991.
p. Claim submitted by Thomas Marcelino for property damage sustained
purportedly due to actions of the City on or about September 20, 1991.
q. Claim submitted by John J. Guzzetta for property damage sustained
purportedly due to actions of the City on or about October 24, 1991.
r. Claim submitted by Marilyn F. Danowski and Financial Indemnity Company
for property damage sustained purportedly due to actions of the City on or
about August 28, 1991.
s. Claim submitted by Marilyn F. Danowski for bodily injury sustained
purportedly due to actions of the City on or about August 28, 1991.
t. Claim submitted by Geoffrey Benson for bodily injury sustained
purportedly due to actions of the City on or about November 8 through 10,
1991.
u Claim submitted by Robert Mitchell Lack for property damage sustained
purportedly due to actions of the City on or about August 31, 1991.
v. Claim submitted by CNA Insurance Companies for property damage
sustained purportedly due to actions of the City on or about September 5,
1991.
w. Claim submitted by Karen Rae Cannon for property damage sustained
purportedly due to actions of the City on or about October 12, 1991.
A2. 156: Receiving and filing the Anaheim Police Department Crime and
Clearance Analysis for the month of October, 1991.
105: Receiving and filing minutes of the Mother Colony House Advisory Board
meetings held July 8, 1991, and September 9, 1991.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held
August 28, 1991.
105: Receiving and filing minutes of the Public Utilities Board meeting held
October 17, 1991, and their adjourned regular meeting of October 21, 1991.
105: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for September, 1991.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held October 23, 1991.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held October 23, 1991.
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A3. 175: Approving a Notice of Completion of the construction of Water Main
Improvements City Wide by Valverde Construction, Inc., and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A4. 164: Approving a Notice of Completion of the construction of Tustin
Avenue Street and Storm Drain Improvements by R.J. Noble Company, and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A5. 164: Approving a Notice of Completion of the construction of the Katella
Avenue Street and Storm Drain Improvements by R.J. Noble Company, and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A6. 175: Approving a Notice of Completion of the Construction of Water Well
No. 49 at La Palma Pump Station by Beylik Drilling, Inc., and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A7. 150: Awarding the contract to the lowest and best responsible bidder, Mel
Smith Electric, Inc., in the amount of $41,143 for Chaparral Park Security
Lighting, 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.
A8. 123: Approving an agreement with the City of Garden Grove and the City of
Stanton for the operations and maintenance of the interconnected traffic signal
system along Katella Avenue from Dale Street to Douglass Road.
A9. 170: Approving the final Map of Tract No. 14406 and the Subdivision
Agreement with OMP, a California Limited Partnership, and authorizing the Mayor
and the City Clerk to execute said agreement. Tract No. 14406 is located on
the north side of Katella Avenue (west of Ninth Street).
Al0. 151: Approving an Encroachment License Agreement (91-7E) with Majid
Rahmani for a private storm drain to be located within an existing Public
Utility easement on property located at 7588 Martella Lane.
Ail. 176: RESOLUTION NO. 91R-324: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (91-10A)
Al2. 144: Approving a County of Orange Arterial Highway Financing Program
Project Administration Agreement (Project No. 1296, Ball Road from the Santa
Ana River Bridge to Sunkist Street), and authorizing the Mayor and the City
Clerk to execute said agreement.
Al3. 169: Approving the Mitigated Negative Declaration and adoption of a
mitigation monitoring program for critical intersection at Kraemer Boulevard/La
Palma Avenue.
Mr. Richard Carter, Engineer, Bryan Industrial Properties. Mr. Knudsen who was
going to speak was not able to be present. The subject approval of a mitigated
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negative declaration involves the EIR for the widening of the intersection of
La Palma and Kraemer. He understands that the mitigation measures consist of
installing street trees to take care of and replace the landscaping that will
be removed by the widening. Their concern is that when the 12 feet are taken
for the widening, they are going to be severely impacted in the future. The
property will be left as nonconforming and allowed to operate under its present
condition indefinitely. However, if there is a request for something that
requires discretionary action from the City, they will be required to bring the
property into conformance with current regulations which includes reinstalling
landscaping which will eliminate parking in front of the buildings on two of
their properties. They would like some consideration from the City stating
they will not have to replace that landscaping in the future.
City Attorney Jack White. If discretionary approval is involved in the future,
at that time, the Planning Commission or the Council will have the right to
consider whatever deviations from the code requirements will be necessary for
that future approval. It is not quite accurate to say there will be a
requirement to bring the property into conformance at that time. Deviation
from code requirements could be requested. It is not a unique situation but
happens all the time when the City obtains portions of property usually in
connection with rights of way. Part of the compensation paid to the owner of
the property relates to severance damages which in part results from the fact
that there is a nonconformity often created between the smaller parcel and the
requirements of the City's zoning code. Normally the City does not enter into
special arrangements with properties but is handled through the compensation
process in the eminent domain action. When a nonconformity is created, the
property owner has the right in the future to seek redress in conjunction with
any future plans he may have for the property. As long as the property is not
changed, it can continue as is indefinitely. If it is to be changed, the owner
can request whatever deviations are necessary. The Council could at their
discretion not only approve the new plan but also the deviations.
Richard Carter. He was aware this is the case but wanted to go on record if
and when they do need to do something, they are in a position to ask for those
special favors.
City Attorney White. The property owner will always be able to ask but with
the discretion of the City whether to approve them or not.
Al4. 123: Approving the Assignment to Tokai Bank of the Architect's Agreement
and the Construction Documents with regard to financing of the Anaheim Arena.
Council Member Pickler voted no on this item.
Al5. 123: Approving a Southern California Gas Company Relocation Agreement to
provide Southern California Edison with a 25-foot easement in Douglass Road and
on the Anaheim Arena site. Authorizing the Mayor and City Clerk to execute the
Indemnification Agreement and the Collectible Work Authorization.
Council Member Pickler voted no on this item.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3. 1991. 5:00 P.M.
Al6. 123: Approving the First Amendment to Agreement with STE Associates,
Inc., increasing the per annum not to exceed value from $200,000 to $350,000
for testing, inspection, and consulting services for Capital Improvement
Projects.
Al7. 106: Amending the RAP to increase the Public Works-Engineering budget,
in the amount of $19,700 for FY1991/92, and authorizing payment to the County
Sanitation Districts of Orange County for a change order to their contract for
the Katella Relief Trunk Sewer Project.
A18. 160: Accepting the bid of Scott Engineering, in the amount of $45,781
for one each 15KV padmounted metal enclosed capacitor bank for Fairmont
Substation, in accordance with Bid ~4984.
A19. 123: Approving an Extension of Agreement with Edward Dietrich, dba
Precision Rotor Company, for police helicopter maintenance beginning December
18, 1991, through December 17, 1992.
A20. 123: Authorizing the Mayor to execute an amendment to the escrow
instructions for purchase of the Phoenix Club/Rancho Del Rio relocation sites.
Council Member Pickler voted no.
A21. 170: Authorizing the Mayor and City Clerk to execute Lot Line Adjustment
Plat No. 270 and all other documents required to record the plat. (Phoenix
Club relocation site.)
Council Member Pickler voted no.
A22. 123: Approving a Memorandum of Lease Extension for space occupied by the
Job Training Program in the Bank of America Tower, for ten months beginning
December 1, 1991, and expiring September 30, 1992, with two 30-day options with
the Cal America Capital Corporation at $3,482.90 for the monthly rental and
$3,622.22 for the option period.
A23. 140: Authorizing the Library Department to apply for Public Library Fund
monies and receive funds in the amount of $104,464; and amending the Library
Resource Allocation Plan by decreasing the revenue account 17-3132 and
expenditure account 17-173-5125 by $50,536.
A24. 140: Authorizing the Library Director to apply for and receive funds, in
the amount of $22,146 from the Major Urban Resources Library (MURL) Funding
Program.
A25. 140: Amending the FY 1991/92 RAP by increasing revenues in account
81-3192 and expenditures in account 81-173-5125 by $10,000 each to implement a
Library gift fund.
A26. 113: RESOLUTION NO. 91R-325: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
100 DAYS OLD. (Erasure of voice recording tapes #226 through ~283, and #300
through ~333 - Utilities Department, Systems Operations Division.)
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A27. 127: Authorizing an appropriation of $25,000 from Council Contingency
Fund, and $70,000 from Future Appropriations be transferred to 01-133 to pay
Invoice No. 098916 received from the County of Orange Controller's Office on
November 1, 1991, for the special election held March 5, 1991 or other funding
arrangements as recommended by the City Manager.
A28. 149: ORDINANCE NO. 5274 - (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING SECTION 14.32.135 TO CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO A FIFTEEN-MINUTE PARKING LIMITATION (south Citron
Street, on the west side, from Chestnut Street north to 100 feet north of
Chestnut Street).
A29. 123: Approving the License Agreement with Southern California Edison
(SCE) for the joint occupancy of the transmission line on Atchison Street
between Sycamore Street and La Palma Avenue, at the rate of $3,240 per month.
Roll Call Vote on Resolution Nos. 91R-324 and 91R-325:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Resolution Nos. 91R-324 and 91R-325 duly passed and adopted.
Roll Call Vote on Ordinance No. 5274:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5274 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
ITEMS B1 - B8 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 14, 1991 -
DECISION DATE: NOVEMBER 21, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS
DECEMBER 6, 1991:
B1.
179: VARIANCE NO. 4149 AND NEGATIVE DECLARATION:
OWNER: JOHN G. PRENTICE, 1815 Port Renwick Place, Newport Beach, CA
92660.
AGENT: MOHLER CORPORATION, 1010 E. Chestnut Avenue, Santa Ana, CA
92701.
LOCATION: 2940/2950 Frontera Street. Property is approximately 1.02
acres located on the south side of Frontera Street approximately 750
feet east of the centerline of Park Vista Street.
Waiver of minimum distance between drill sites and dwellings to
construct a 26 unit apartment complex.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4149 APPROVED, with modification to conditions (ZA91-43).
Approved Negative Declaration.
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B2.
179: VARIANCE NO. 4146 AND NEGATIVE DECLARATION:
OWNER: DONALD WRIGHT, 3431 E. La Palma Avenue, Anaheim, CA 92806.
LOCATION: 3431 E. La Palma Avenue. Property is approximately .96
acre located on the northeast corner of La Palma Avenue and Cosby Way.
Waiver of minimum number of parking spaces to construct a 877 square
feet mezzanine in an existing 18,442 square foot industrial building.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4146 APPROVED (ZA91-44).
Approved Negative Declaration.
B3. 179: VARIANCE NO. 4151 AND NEGATIVE DECLARATION, TENTATIVE PARCEL MAP NO.
91-182:
B4.
B5.
OWNER: DOROTHY LILLIAN BRUNSON, 1840 41st. Avenue, Suites 102-204,
Capitola, CA 95010.
AGENT: STEPHEN W. BRADFORD AND ASSOCIATES, 128 S. Bradford Avenue,
Placentia, CA 92670.
LOCATION: 2970 W. Lincoln Avenue. Property is approximately 5.11
acres located at the southeast corner of Lincoln Avenue and Beach
Boulevard.
Waiver of minimum number of parking spaces to establish a 4-lot,
commercial subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4151 APPROVED modification to conditions (letter to
Planning Commission recommending Reclassification of property)
(ZA91-51).
Approved Tentative Parcel Map No. 91-182 (ZA91-45).
NOTE: Tentative Parcel Map has a 10-day appeal period (expires
December 2, 1991).
Approved Negative Declaration.
179:
VARIANCE NO. 4153, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: FRANCIS & LORILEE CEDAR, 130 S. Pueblo Place, Anaheim, CA
92807.
LOCATION: 130 South Pueblo Place. Property is approximately 0.17
acre located on the east side of Pueblo Place approximately 250 feet
north of the centerline of Baja Drive.
Waiver of front yard setback to construct a 400 square-foot addition
to an existing 1,333 square foot single-family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4153 APPROVED (ZA91-46).
179: VARIANCE NO. 4154, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: JAY O. LEE AND CLARA Y. LEE, 306 N. State College Blvd.,
Anaheim, CA 29806.
LOCATION: 306 North State College Boulevard. Property is
approximately 0.14 acre located on the east side of State College
Boulevard approximately 1,310 feet south of the centerline of La Palma
Avenue.
Waiver of minimum number of parking spaces to construct a 927 square
foot office addition.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4154 APPROVED (ZA91-47).
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M.
E6.
179: ARCADE PERMIT NO. 1010:
REQUESTED BY: Fiesta Arcade, 1440 South Anaheim Boulevard, #H-8,
Anaheim, CA 92804.
LOCATION: 1440 South Anaheim Boulevard
To permit 25 amusement devices.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Arcade Permit No. 1010 APPROVED (ZA91-48).
NOTE: Arcade Permit has a 10-day appeal period (expires December 2,
1991).
Council Member Daly. The applicant is asking for amusement devices which he
believes are video games. He was opposed to the use of the site as an in-door
swap meet and he is concerned that the trend on the property is away from what
is best for the area. He would suggest that this particular permit be
scheduled for a public hearing; Council Member Pickler concurred. This item
will, therefore, be set for a public hearing at a later date.
B7.
179: ADMINISTRATIVE ADJUSTMENT NO. 0064, CATEGORICALLY EXEMPT, CLASS 5:
REQUESTED BY: Vincent D. Pagaza, 4322 La Cuesta Circle, Yorba Linda,
CA 92686.
LOCATION: 3474-A East Orangethorpe.
To establish a 1,980 square foot gourmet coffee shop with waiver of
minimum number of parking space (185 spaces required; 181 spaces
proposed).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0064 APPROVED (ZA91-49).
B8. 179:
ADMINISTRATIVE ADJUSTMENT NO. 0065, CATEGORICALLY EXEMPT, CLASS 5:
REQUESTED BY: Roberto Rodriquez, 1756 North Partridge Street,
Anaheim, CA 92806.
LOCATION: 1300 S. Euclid Street ~C.
To permit a restaurant with waiver of minimum number of parking spaces
(65 required; 60 proposed).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0065 APPROVED (ZA91-50).
End of the Zoning Administrator Items.
B9./B10./Bll. 179: ORDINANCE NOS. 5275 THROUGH 5277, BOTH INCLUSIVE, FOR
INTRODUCTION: Council Member Ehrle offered Ordinance No. 5275 for first
reading, amending Title 18 to rezone property under Reclassification
No. 89-90-34, located at 625 N. Valley Street (Brookhollow Apartments) from the
RS-A-43,000 zone to the RM-1200 zone; Ordinance No. 5276 for first reading,
amending Title 18 to rezone property under Reclassification No. 91-92-04,
located at 155 S. Adams Street, from the RS-A-43,000 zone to the ML zone and
offered Ordinance No. 5277 for first reading, amending Title 18 to rezone
property under Reclassification No. 90-91-30, located at 711 E. Sycamore
Street, from the RS-A-43,000 zone to the ML zone. Refer to Ordinance Book.
ORDINANCE NO. 5275: 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. 89-90-34, located at 625 N. Valley Street-Brookhollow
Apartments from the RS-A-43,000 zone to the RM-1200 zone.)
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M.
ORDINANCE NO. 5276: 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. 91-92-04, located at 155 S. Adams Street, from the
RS-A-43,000 zone to the ML zone.)
ORDINANCE NO. 5277: 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. 90-91-30, located at 711 E. Sycamore Street, from the
RS-A-43,000 zone to the ML zone.)
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
D1. 155: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 280 (PREVIOUSLY
CERTIFIED), AMENDMENT NO. 2 TO PACIFICENTER ANAHEIM, SPECIFIC PLAN (SP88-3}:
OWNERS: CATELLUS DEVELOPMENT CORP., 1065 Pacificenter Dr., #200,
Anaheim, CA 92806.
AGENT: PHILLIP R. SCHWAHTZE (The PRS GROUP) 27132-B Paseo Espada,
~1222, San Juan Capistrano, CA 92675.
LOCATION: PACIFICENTER ANAHEIM. Property is approximately 26 acres
located at the southwest corner of La Palma Avenue and Tustin Avenue.
Petitioner requests amendment to Pacificenter Anaheim Specific Plan
(SP88-3) to permit additional service-related commercial and office
uses in the Specific Plan Area and to amend the Master Sign Program.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment No. 2 to Pacificenter Anaheim Specific Plan (SP88-3)
APPROVED, IN PART. Uses APPROVED (PC91-171) (3 yes votes, 1 no vote,
i absent, and 2 conflicts of interest); Pole sign DENIED (PC91-172) (3
yes votes, 1 no vote, i absent, and 2 conflicts of interest); and fast
food restaurant sign DENIED (PC91-173) (4 yes votes, i absent, and 2
conflict of interest).
Approved previously certified EIR NO. 280.
Informational item at the meeting of November 19, 1991, Item Bi.
HEARING SET ON:
Necessitated by amendment to the specific plan.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 21, 1991
Mailing to property owners within 300 feet - November 21, 1991
Posting of property - November 22, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated November 4, 1991.
APPLICANT'S
STATEMENT:
Phillip Schwartze, PRS Group, Representing Catellus Development.
The Council has previously approved the specific plan for the
project. The buildings are now on site. Their most recent
request was to eliminate many of the items they had as individual
conditional use permits. The uses issue was approved unanimously
by the Redevelopment Commission and the Planning Commission. The
other part of the request was development of their master sign
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M.
program which was also approved by the Redevelopment and Planning
Commissions with one exception - the major tenant identification
sign which is an important item. At the corner of Tustin and
La Palma, there is an over-freeway crossing and there is a need
for identification at that location. Copies of a graphic have
been submitted to the Council. The developer has been working
with the Redevelopment Agency, Redevelopment Department and
Traffic and there is a plan they hope to bring to the Council in
the next review of the specific plan for the location of a
commuter rail station at this location to service the entire
northeast industrial area. They strongly believe because of the
proposed train station and people coming and going they need the
ability to clearly identify the location. Their request is to
have the major tenants sign approved. This evening the Council
is also going to hear from Carl's Jr. Restaurant requesting a
freestanding sign. Carl's owns their property which is
controlled by Catellus Development C.C. & R's.
City Attorney White clarified for Council Member Pickler that the
Council is only taking one action - amending the specific plan.
It is the first reading of an ordinance that will accomplish
Amendment No. 2 to Specific Plan No. 88-3. The Council can
incorporate both items - the tenant identification sign and the
request by Carl's Jr. for a freestanding sign. At the time the
ordinance is offered, it should be indicated if both items are to
be included or just one.
Mr. Schwartze, then clarified for Council Members that the
request is for one sign only to be located where it will identify
the project towards the freeway. The sign identifies the site as
PacifiCenter, identifies the major corporate headquarters of
Catellus, a major hotel, plus the train station. The overall
master sign program for the entire site was approved unanimously
by the Planning Commission. They split their vote on the pole
sign and separate and aside from that is the issue of the sign
for Carl's Jr.
Mayor Hunter. Basically, the issue involves a freestanding sign
for the project and a monument sign for Carl's Jr. on La Palma
which are two separate issues; Mr. Schwartze confirmed that was
correct.
John Baker, Carl Karcher Enterprises, 1200 N. Harbor Boulevard.
It is their understanding this is one application. The sign for
Carl's Jr. is not separate from the application for the specific
plan amendment nor from the freeway sign. There was another
application which Carl's Jr. did not bring to the City Council
for a monument sign. The sign was somehow delineated from the
specific plan and, therefore, the sign criteria but it was the
understanding of Carl's Jr. from the outset that the sign was a
part of the plan. When they met with Planning staff on April 30,
1991, they asked about the process to obtain the sign and were
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told it would be a sign criteria amendment and not a variance.
They were given forms but for a variance and were told not to be
concerned because it would be handled as sign criteria. The
first staff report for the Planning Commission hearing presented
their application as a variance. The Planning Commission on
June 3, 1991 without voting on the issue stated they did not have
a problem with the application but with its presentation, that
being a variance and instead they would like to see a sign
criteria change. Carl's Jr. then presented their request to the
Redevelopment Commission and Redevelopment staff and obtained
approval to move forward and in the format they asked - a
specific plan amendment with a sign criteria change. The outcome
at the last Planning Commission hearing was denial by the
Commission because they did not want to set a precedent by
approving a variance. Carl's Jr. was very concerned with the way
the matter was handled for the past nine months and they do not
believe it was fair.
Mr. Baker explained that signage is a critical part of the mix
for success for a fast-food restaurant. The industry is
suffering under the current economic situation. They are the
only tenant on the property having fee title to the property.
They paid i million dollars for the property and the sign was
understood to be a part of the package when they purchased it.
The sign is consistent with what is in the area for other
restaurant uses. (As part of his presentation, Mr. Baker
submitted a booklet entitled, Carl Karcher Enterprises Inc.,
Carl's Jr. Monument Sign Proposal at Tustin and La Palma, Anaheim
California, which he briefed.)
Council Member Pickler. He travels the subject location often.
He does not feel the requested sign would prove to be very
visible. He feels they are inundating the area with too many
signs.
Mr. Baker then further explained their reason for wanting the
sign, the value of signage in and above the value of visibility,
the importance of corporate identity, etc. It is by sight of the
corporate identity (the Carl's Jr. star/logo) where the sale
takes place and not at the cash register. Forty-eight percent
(48%) of their business in Orange County is drive through. Of
that, 85% is impulse buying. The corporate identity connection
made by free-standing signage is an integral part to making that
store more successful. They do not have any freestanding signs
at this time. The market place is at Tustin and with the current
identity they have, they are not addressing Tustin Avenue. The
logo which is the part that is most impactful is street side and
is the leading edge of the sign. Their is much more impact with
the freestanding sign then with the building signs.
Council Member Pickler asked if there were any other restaurants
that could come back and ask for the same kind of sign as Carl's
Jr.
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City Hallt Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991t 5:00 P.M.
Joel Fick, Planning Director. There is a restaurant pad on
Tustin Avenue which Mr. Shwartze referred to. There was
discussion of incorporating a sign request for that restaurant as
well but that was withdrawn during the process by Catellus.
Mayor Hunter opened the public hearing and asked if anyone wished to speak;
there being no response he closed the public hearing.
City Attorney White. The ordinance refers to an exhibit which is the Specific
Plan Document, Amendment No. 2. That amendment can be prepared or revised to
either incorporate both of the signs or one of them. In offering the
ordinance, it would be essential to know which one is being offered for
introduction - whether the Council wishes to permit the Carl's Jr. sign or not
as part of the specific plan.
ENVIRONMENTAL IMPACT REPORT NO. 280 (PREVIOUSLY CERTIFIED): On motion by
Council Member Hunter, seconded by Council Member Daly, the City Council finds
that Environmental Impact Report No. 280 was certified by the Council on
February 28, 1989 in conjunction with approval of Specific Plan No. 88-3 which
address the environmental impacts and mitigation measures associated with the
development and staff, having reviewed the proposed amendments and the initial
study has indicated there would be no additional impact from the proposed
amendments and, therefore, the City Council has determined that the subject
request is in conformance with the previously approved EIR No. 280 and confirms
that EIR No. 280 has previously been certified. MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5278 for first reading, approving
Amendment No. 2 to Pacificenter Anaheim Specific Plan (SP88-3) to include both
the Catellus major tenant identification sign and the Carl's Jr. Monument
Sign. Refer to Ordinance Book.
ORDINANCE NO. 5278: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AMENDMENT
NO. 2 TO PACIFICENTER ANAHEIM SPECIFIC PLAN (SP88-3).
City Attorney White. At the next Council meeting when the ordinance is
presented for adoption, the Council will be voting on the specific plan
amendment with both signs included.
Council Member Pickler asked the procedure if at that time he may wish to vote
for one and not the other; City Attorney White. Council Member Pickler can
vote against adoption of the ordinance next week or tonight offer another
ordinance that would only include the one sign. Next week, the Council will
then vote on two ordinances; Council Member Pickler stated in that case he
would just vote no.
D2. 155: PUBLIC HEARING - AMENDMENT TO THE HIGHLANDS AT ANAHEIM HILLS
SPECIFIC PLAN (87-1) AND NEGATIVE DECLARATION:
OWNER: THE PRESLEY COMPANIES, Attn: Steven K. Riggs, 19 Corporate
Plaza, Newport Beach, CA 92660.
LOCATION: Development Area 11 of The Highlands at Anaheim Hills
Specific Plan (SP87-1).
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City Hall, Anaheimt California - COUNCIL MINUTES - DECEMBER 3t 1991, 5=00 P.M.
Petitioner requests an amendment to Ordinance No. 4860 in order to
amend Development Area 11 Zoning and Development Standards to permit
the development of a 162-unit condominium complex.
ACTION TAKEN BY THE PLANNING COMMISSION=
Amendment to The Highlands at Anaheim Hills Specific Plan (87-1)
APPROVED, subject to a reduction of 72 units to the overall
entitlement (PC91-177) (6 yes votes, i absent).
Approved Negative Declaration.
Informational item at the meeting of November 19, 1991, Item BS.
HEARING SET ON=
Necessitated by amendment to the specific plan.
PUBLIC NOTICE REQUIREMENTS MET BY=
Publication in Anaheim Bulletin - November 21, 1991
Mailing to property owners within 300 feet - November 21, 1991
Posting of property - November 22, 1991
PLANNING STAFF INPUT=
See Staff Report to the Planning Commission dated November 4, 1991.
APPLICANT'S
STATEMENT:
Steven Riggs, Representing Presley Company. The action taken by
the Planning Commission is acceptable; however, he has a request
regarding the 72-units that are being reduced from their overall
approval. The 72-units came from Site Development Area 11 in The
Highlands originally designated in the specific plan to be
congregate care senior citizen housing and they are allowed to
have 254-units. They have opted to sell the parcel to a buyer
who wants to build condominiums and the site plan they have come
up with includes 162 units. The difference between what was
approved and what they would like to build in the amended zoning
is 72-units. The Planning Commission asked what they were going
to do with the 72-units. Presley is still doing final
engineering on four or five tracts in the center of the ranch.
They are going to move things around to see what they can come up
with. It is their intention in the next three or four weeks to
submit a new unit reconciliation map that will specifically state
where the units will go and how many units they are going to
reduce the original entitlement of 2,147. They do not have the
exact number as yet. He is requesting that the Council approve
what the Planning Commission recommended with the exception that
they leave the existing allowable density on the entire ranch at
2,147. In doing so, he will promise that Presley will submit to
the Planning Commission and also the Council a revised
reconciliation map specifically indicating where the units would
go and to state at that point the actual number of units they
would like to have reduced. They have had ongoing discussions
with staff on the matter.
Joel Fick, Planning Director. Subsequent to the Planning
Commission meeting, staff has had ongoing discussion with
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3r 1991, 5:00 P.M.
Presley. They believe that ~he request as outlined by Mr. Riggs
would be acceptable to staff and should the units not go into the
apartment areas which was the concern addressed by the Planning
Commission, the Planning Commission concern would also be
allayed. The request for any transfer reconciliation would be
reviewed by staff and if there are concerns, those could be
re-presented to the Commission and Council as well.
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 Ehrle. He supports the revised plan because today developers
have a difficult time trying to make a small margin of profit. He would not
like to see the elimination of 50 or 60 units especially since the area has
been master planned and the specific plan does have that number already tied in
to not only this project but also Mello-Roos and a number of other factors that
the City is looking towards for additional income. Council Member Simpson
asked for clarification that the total number remains the same; City Attorney
White. The difference is, the original ordinance in front of the Council today
is the Planning Commission recommendation that has a Section 2 in the ordinance
that limits the number of units not to exceed 2,075 and the revised eliminates
that stipulation. That is what the Council is offering, the revised ordinance.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member Ehrle, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5279 for first reading, approving
Amendment to The Highlands at Anaheim Hills Specific Plan (87-1) which is the
revised ordinance eliminating the stipulation relative to the number of units.
Refer to Ordinance Book.
ORDINANCE NO. 5279: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AMENDMENT TO
THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (87-1).
D3. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2963 AND NEGATIVE
DECLARATION:
REQUESTED BY: FRANK L. RHEMREV, ATTORNEY AT LAW, 856 North Ross
Street, Suite 205, Santa Ana, CA 92701.
LOCATION: The property is located at 3242 West Lincoln Avenue - GAMES
PLUS (southeast corner of Lincoln Avenue and Westchester):
The petitioner requests deletion of Condition No. 11 (Council
Resolution No. 90R-451) for a non-expiring extension of time to
Conditional Use permit No. 2963 which permits on-sale beer in an
existing billiard parlor and amusement arcade, with waiver of minimum
number of parking spaces on CL zone property.
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City Hallf Anaheimr California - COUNCIL MINUTES - DECEMBER 3r 1991f 5:00 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 21, 1991
Mailing to property owners within 300 feet - November 21, 1991
Posting of property - November 22, 1991
PLANNING STAFF INPUT:
See Staff Report to the City Managers/City Council dated November 21, 1991 from
the Zoning Administrator Annika Santalahti.
PETITIONER'S
STATEMENT:
Frank Rhemrev, Attorney Representing Games Plus and Mrs. Pauline
Peters, the operator. The Council will recall on a yearly basis,
Games Plus has requested an extension of their Conditional Use
Permit. At this point, they have requested that the ritual of a
yearly extension be eliminated and a permanent CUP be issued. He
has just had an opportunity to review the subject staff report.
He confirmed the requests are for the yearly extension required
pursuant to the resolution adopted by the Council and secondly
asking that that condition be eliminated. Should the Council
feel it should not be eliminated, he reiterated they are still
present to request the yearly extension. The staff report
indicates some criminal activity. One of the reasons that a
yearly CUP was issued was because of criminal activity
initially. In the last three or four years there have been no
problems and the reason why every time Mr. Montejano (the
previous attorney representing Games Plus) has been before the
Council on a yearly basis, the CUP has been extended. However,
there is an indication there is criminal activity. There is only
one incident he is aware of and which Mrs. Peters was not aware
of and, therefore, not within her power to control. Mrs. Peters
is the one who has cleaned up that particular location and there
has been no criminal activity in the last three or four years.
Mayor Hunter. He knows the recommendation is to deny elimination
of Condition No. 11 which calls for yearly review.
Joel Fick, Planning Director. The request is to eliminate the
condition that would not allow the Council to review the CUP on
an annual basis. Based upon complaints and problems the City has
experienced, the recommendation is that the condition not be
eliminated.
Council Member Pickler. In addition, the recommendation is that
by motion the Council schedule a public hearing to consider the
possible modification or termination of Conditional Use Permit
No. 2963. He would like to know staff's reasons for the
recommendation.
Joel Fick. At the time that hearing would be requested, staff
would bring a report to the Council that would document and bring
forth issues and problems that have occurred on the site. At
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M.
this point, staff is recommending that a hearing be set.
council Member Pickler asked Code Enforcement if there had been
any problems at the location; Bruce Freeman, Code Enforcement
Division stated that the Police Department has had problems.
City Attorney White. To clarify, the existing CUP contains a
condition that requires the permit holder to periodically seek an
extension if the use is going to continue in operation. The
current condition under consideration tonight, Condition No. 11
of the Conditional Use Permit, currently provides that this
permit will expire by its own terms on January 12, 1992 unless it
is extended. The Council has three options - the option being
requested by the permit holder to delete the condition entirely
which would allow the CUP to remain in effect in perpetuity.
Secondly, there is the back-up position of the permit holder to
modify the condition and give an additional period of time for
the use to continue and the third option which is the one being
recommended by staff is not to do anything with that condition.
If the Council denies the request to amend the condition, it will
mean by its own terms the permit will expire on January 12,
1992. He needs to clarify with the Planning Department whether
or not if the Council does nothing tonight if it will be
necessary to schedule an additional hearing or whether simply by
its own terms the use will be terminated on January 12, 1992.
City Attorney White. Answering Council Member Pickler, when the
Council originally granted the use permit they did so for a
period of time and extended it twice. The applicant is seeking
an additional extension and that is the purpose of tonights
hearing. The Council is not required to amend that condition.
Due process is tonight's hearing. If the permit did not have a
time limit on it or if the time limit was to expire three years
from now and the desire was to terminate it immediately, a
hearing would have to be scheduled and held to show why it should
be terminated. However, by its very terms, the permit will
expire on January 12, 1992 unless tonight the Council
affirmatively takes an action to allow it to be extended.
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 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. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-326)
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-326 for adoption, denying an
amendment to conditions of approval of Conditional Use Permit No. 2963 (Games
Plus) thus the use will terminate on January 12, 1992. Refer to Resolution
Book.
RESOLUTION NO. 91R-326: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL
USE PERMIT NO. 2963 AS APPROVED BY RESOLUTION NO. 88R-14, AS AMENDED.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Resolution No. 91R-326 duly passed and adopted.
ADJOURNMENT .-
seconded the motion. MOTION CARRIED.
LEONORA N. SOHL, CITY CLERK
Council Member Hunter moved to adjourn, Council Member Daly
(6:55 p.m.)
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