1990/01/16City Hall. Anaheim, Ca%i~oFnia - COUNCIL MINUTES - January 16, 1990, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Ftck
CHIEF OF POLICE: Joseph Molloy
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:20 p.m. on January 12, 1990 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 4:00 p.m.
REOUEST 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 564956.9(a), to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46.
b. To meet with and give directions to its authorized representative
regarding labor relations matters Government Code Section 54957.6
c. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
d. 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.
~ The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting. (6:00
p.m.)
INVOCATION: Dr. Ernest Furness, Anaheim Adventist Church, gave the invocation.
~ Councilman Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119. PROCLAMATIONS; The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
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City Hall. Anaheim. California - COUNCIL MINUTES January 16. 1990, 5;30 P.M.
Mickey Thompson Off-Road Championship Gran Prix Day, January 20, 1990,
Kiwanis Week in Anaheim - January 21-27, 1990.
The preceding proclamations will be presented at a later date.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,206,660.68, in
accordance with the 1989-90 Budget, were approved.
WAIV~g OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution Nos.
90R-28 through 90R-30, both inclusive, for adoption; Ordinance No. 5089 for
introduction and Ordinance No. 5087 for adoption.
Councilman Pickler moved to waive the reading in full of the resolutions and
ordinances. Councilman Hunter seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Ptcklek,
seconded'by Councilman 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. Councilman Pickler offered
Resolution Nos. 90R-28 through 90R-30, both inclusive, for adoption; and
Ordinance No. 5087 for adoption.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk M~nagement:
a. Claim submitted by C and C Printing for property damage sustained
purportedly due to actions of the City on or about November 20, 1989.
b. Claim submitted by Tony M. Ronqulllo for property damage
sustained purportedly due to actions of the City on or about November 14, 1989.
c. Claim submitted by Mitchell Wasden for bodily injury sustained
purportedly due to action~"of the City on or about May 19, 1989.
d. Claim submitted by Charles Holt for bodily injury sustained
purportedly due to actions of the City on or about December 17, 1988.
A2. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held November 9, 1989.
Receiving and filing minutes of the Community Services Board meeting held
November 9, 1989.
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City Hall. Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M.
A3. 107: Approving a Notice of Completion of the construction of
Neighborhood Preservation Area II by Fecit Strata, and authorizing the Mayor
to sign and the City Clerk to file said Notice of Completion.
A4. 175: Approving a Contract Change Order No. 1 in the amount of $32,285 in
favor of Valverde Construction Company, Inc., for the installation of an 8"
watermain on Kathryn Drive between Lincoln Avenue and Ranchito Street -
1989/90 Watermain Improvements City Wide.
A5. 158: Authorizing payment of $686,000 to Robert B. Ewing and and Michael
E. Ewing pursuant to agreement on file for modifications to their building
located at 841 and 851 North Anaheim Boulevard - North Anaheim Boulevard
Street Widening Project (R/W 3500-59, R/W 3500-60, and R/W 3500-61).
A6. 170/123: Approving the Final Map of Tract No. 13267 and Subdivision
Agreement with Baldwin Building Contractors, said tract being located on the
northwest corner of Serrano Avenue and Marblehead Way. (In connection with
the Summit of Anaheim Hills Specific Plan 88-2.)
A7. 170/123: Approving the Final Map of Tract No. 13460 and Subdivision
Agreement with Baldwin Building Contractors, said tract being located on the
northwest corner of Serrano Avenue and Rexford Lane. (In connection with the
Summit of Anaheim Hills Specific Plan 88-2.)
A8. 149/142: ORDINANCE NO. 5089 (INTRODUCTION) Adding a new Subsection
.2440 to Section 14.32.190 of Chapter 14.32 of Title 14 of the Anaheim
Municipal Code relating to parking and stopping (no parking any time on Weir
Canyon Road, on both sides, from the North City Limits to the South City
Limits).
Ag. 160: Accepting the low bid of GMC Truck Division, in the amount of
$32,982.13 for one 24,800 GVW cab and chassis flat bed truck with hoist and
side lift to be used by the Parks Department, in accordance with bid #4781.
Al0. 160: Accepting the low bid of L. N. Curtis and Sons, in the amount of
$21,667.57 for turn out coats and pants to replace worn and damaged uniforms
for the Fire Department, in accordance with bid #4778.
All. 153: ~ESOLUTION NO "90R-28 Amending Resolution No. 89R-365 which
established rates of compensation for classifications designated as
supervisory by adding upgrade to the positions of Community Services
Supervisor and Recreation Supervisor, effective January 5, 1990.
RESOLUTION NO. 90R-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDINC RESOLUTION NO. 89R-365 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY.
Al2. 153: RESOLUTION NO. 90~-~9 Approving a Letter of Understanding with the
Anaheim Fire Fighters Association, Local 2899, amending Article 52, pertaining
to Uniforms and Laundry.
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C~ty Hall. Anaheim. California - COUNCIL MINUTES - January 16. 1990, 5;30 P.M.
gESOLUTION NO. 90R-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM FIRE FIGHTERS
ASSOCIATION, LOCAL 2899, AND THE CITY OF ANAHEIM.
Al3. 153: RESOLUTION NO. 90R-30 Approving two letters of Understanding with
the Anaheim Municipal Employees Association, General and Clerical units,
pertaining to the use of sick leave for family illnesses.
RESOLUTION NO. 90R-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING TWO LETTERS OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND
THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION PERTAINING TO USE OF SICK LEAVE
FOR FAMILY ILLNESS.
Al4. 123: Approving a Fifth Amendment to Agreement with Ball-Taft Medical
Clinic increasing the cost of professional services for pre-employment medical
examinations, and to continue said contract on a month-to-month basis.
Al5. 123: Approving an Affordable Housing Agreement with Newport Pacific
Realty and Investment Corporation, for two (out of 12) affordable condomini.um
units on property located at 3333 West Ball Road (in connection with Variance
No. 3794).
Al6. 123: Approving an Affordable Housing Agreement with Brookhollow
Apartment (Anaheim) Associates for a number of affordable units from the total
number of units constructed, which will be either 176, 220, or 228 depending
on the final composition of the site.
Al7. 178: Authorizing the Mayor to apply to the Orange County Water District
(OCWD) for a $750,000 low interest loan to construct Well No. 47 at Brookhurst
and Crescent Streets, as recommended by the Public Utilities Board at their
meeting of January 4, 1990.
Al8. 175.123: Approving an agreement with James M. Montgomery Consulting
Engineers, Inc., in the amount of $329,862 for engineering services for the
rehabilitation of the La Palma Pump Station Project, as recommended by the
Public Utilities Board at their meeting of January 4, 1990.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the dity Clerk. ~Resolution Nos. 90R-28 through 90R-30, both
inclusive.)
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. MOTION CARRIED.
MOTION: Councilman Pickler offered Resolution Nos. 90R-28 through 90R-30,
both inclusive, for adoption. Refer to Resolution Book.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler, Hunter
None
None
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City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M.
The Mayor declared Resolutions Nos. 90R-28 through 90R-30, both inclusive,
duly passed and adopted.
END'OF CONSENT CALENDAR.
Al9. 108/142: ORDINANCE 5087 - CONCEALABLE FIREAP~S AND RESOLUTION FOR FEE
ESTABLISHMENT: Adding new Chapter 4.98 to Title 4 of the Anaheim Municipal
Code relating to the retail sale of concealable firearms. The Ordinance was
introduced at the meeting of January 9, 1990. (This item was removed from the
consent calendar for discussion at the request of members of the public.)
Submitted was report dated December 13, 1989 from Chief of Police Joseph
Molloy, recommending adoption of the Ordinance and establishment of the
proposed fee by resolution.
Mayor Hunter, noting that there were many people in the Chamber audience on
this item asked if anyone wished to speak.
T. J. Johnson, 862 Granite Circle, Anaheim 92806. He is an FFL
(Federal Firearms License) holder and an NRA (National Rifle
Association) certified instructor. He has a business license in
Anaheim and teaches handgun safety courses. He gives his
students an opportunity to purchase guns at wholesale at the end
of their training. The exorbitant fee will prohibit him from
providing this service to his students. He questions the City
joining leagues with Attorney General Van de Kamp. There is no
need for the Ordinance. It unfairly taxes the small businessman
like himself. He urged the Council to stop all further
consideration of the Ordinance.
City Attorney Jack White. He confirmed for the Mayor that the
State Attorney General has mandated the proposed change. Penal
Code Section 12071 revised approximately two years ago requires
that every City in the State process retail sale gun license
applications for businesses engaged in the business of selling
guns. This is not an ordinance that applies to individual gun
ownership. State law provides that every City must have a
procedure tq. process and approve licenses for businesses that
sell guns at retail. The City does not have discretion in this
matter since it is State mandated. The Attorney General did not
adopt the statute. It was adopted by the State Legislature and
the Attorney Cenaral i~sued an opinion indicating it was
mandatory and not optional. The City does not have the
discretion whether or not it receives and processes these
applications. The only discretion the City has is (1) who
actually processes the licenses and (2) the amount charged for
processing the license. The $200 amount was derived through the
Police Department by determining the cost of processing and
possibly a comparison with other cities as well.
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Hall. A~aheim~ California COUNCIL MINUTES January 16, 1990, 5:30 P.M.
Lt. Wade, Anaheim Police Department. By law they are only
allowed to recover what it costs them to administer the program
and it was determined that $200 covered that cost. The City
presently is in the process of looking at City fees through its
consultants, Grifftth Associates, who will be submitting a
report to the Council. The consultant felt the $200 amount
covers administrative costs but as soon as the report is
complete, the Council can make a decision whether the fee should
be more or less.
Councilman Ehrle. The City Treasurer's Business License fee is
$17. There is a big difference between $17 and $200 covering
approximately 60 vendors. He will not support the $200 fee but
will support the Ordinance since it is mandated. If the City
Treasurer can process the licenses cheaper than the Police
Department, he feels that would be better.
Glenn Clover, 825 South Valley Street, Anaheim 92804. He
clarified that the present business license fee is now $21. He
has three major points. The City Attorney indicated the
Ordinance is not discretionary. The State penal code does not
mandate what division of the City should issue these licenses.
Placement of the license under the jurisdiction of the Police
Department is not appropriate. FFL holders are law abiding
citizens or would not have applied for their license from the
Federal Government in the first place. Secondly, the Police
Department has enough to do without administering business
licenses. Third, he feels uncomfortable with a Police
administrative agency being in control of firearms in any way.
In the Ordinance, there are no specific criteria given for
approval of the license or any indication what the licensing
authority is to use as criteria in issuing the license. Without
criteria, the licensing process could become subjective and
discretionary on the part of the licensing authority. The
State Penal Code in Section 12070 makes an exception for persons
involved in the infrequent sale or transfer of handguns. The
proposed Ordinance does not include the exception and this
should be appropriately added. (See Hr. Clover's extensive four
page letter 'dated January 15, 1990, previously submitted,
outlining his concerns in detail - made a part of the record).
Later in the meeting, h~ asked that th~ 0rdinanc~ b~ r~mov~d
from the Consent Calendar for further reconsideration and review.
Cathy Tolley, 862 Granite Circle, Anaheim. She feels the City
is succumbing to Attorney General Van de Kamp's anti-gun
desires; Mayor Hunter interrupted and clarified that the
applicable sections in the Penal Code were adopted by the
Legislature. Ms. Tolley continued that they were adopted in
1953 and had never been complied with until Mr. Van de Kamp
decided to put his thumb down. The City has the ability, before
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City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
applying the law, to know who the FFL holders are in the City.
That means to her the whole Ordinance is superfluous. The City
has the information if it is needed. Anyone who wants to obtain
an FFL License must go through State and Federal requirements.
It is redundant for the City to have that information and it is
already at the City's disposal. She urged the Council to talk
to Mr. Van de Kamp, include the revisions mentioned earlier and
in any case $200 is an excessive amount for the information City
Hall already has gotten for free.
Michael Hamm, 520 South Concord Place, Anaheim. He does not
like to see the City passively going along with what the State
Attorney or Federal people are saying because he believes their
opinion has to do with their own internal bias. He also
clarified that the word infrequent was used in the Penal Code.
Tom McBride, 2540 E. Belmont Court. They pay property taxes and
business license fees. For the City to pay $1200 to process all
these fees for the amount of business the gun dealers generat.e
is a trivial amount of money, but $200 to a small businessman is
a very large amount of money.
Ronald M. Stevens, 203 South Topal. On behalf of the National
Environmental Hunters, a hunting group located in Anaheim, they
are totally against the proposed Ordinance. They are also all
NRA members. They are present to find out who they will be
voting for and campaigning against.
Ed Hunter, 2337 Manchester. The Ordinance, as read, has "holes"
in it. He urged the Council to vote tt down until significant
amendments are made to where it is acceptable.
Ed Werley, Director of Citizens for Constitutional Integrity.
When the City issues one of the gun dealers a business
license, he is already being issued a license. The proposal is
issuing a license on a license. Any person who sells firearms
has to have an FFL license. He suggested that they tell the
Attorney General that the license is issued by issuing a City
business ltdense. It is the same thing. They cannot transact
business without a business license. This is more bureaucracy
on top of bureaucracy.
Mike McAfee, 1727 Glen Oaks. He is currently a gun dealer in
Anaheim. When he applied for a City business license, it
specifically states he is a weapons dealer. It is already
covered. He agreed this is a license on top of a license.
Police Chief Molloy. Answering Councilman Daly, he stated, as
the City Attorney pointed out, the Ordinance being proposed is
mandated by the State. Relative to the fee, it is based on what
the administrative costs are to process the license. When the
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City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M.
new fee schedules are adopted, perhaps the consultant may
suggest that $200 is too much but he (Molloy) feels it will
remain in the $200 range. It would be a Council decision at the
time. The consultant will be submitting the schedule to the
Council in approximately a month.
Councilman Pickler. He suggests that the Ordinance be sent back
to Staff to take a closer look in view of the input today and
subsequently have the City Manager and Staff report to the
Council the first week in February.
City Attorney White. This is a separate license from the normal
business license tax. Normal business licenses are
non-regulatory in nature and are only for the purpose of raising
revenue and are issued to anyone who applies. They cannot be
revoked. The subject license is not discretionary in issuance
other than if the conditions listed in the Penal Code Section
have been breached by an existing licensed dealer. The license
can then be declared forfeited or revoked by the person who
issues it.
Councilman Pickler. His question is whether the Police
Department or the City Treasurer will handle the process.
wanted to know if it is something the Treasurer could do.
He
City Attorney White. He would rather have an opportunity to
confer with the Police Chief or have him respond. He is not
sure Staff would ever be able to bring back any recommendation
saying that this is absolutely the way they would have to go.
It will always be a question of the Staff's opinion as to the
best way to administer the requirement. Vesting the power in
the Police Chief is the best way to go as far as Staff's
recommendation to the Council. It is probably not the only
way. He reiterated that the license is revokable or
forfeitable if certain conditions are not met and those are the
types of conditions that are typically within the knowledge of
the Police Department or investigated by them, rather than the
Treasurer's Office. Staff can do whatever the Council wishes.
Mayor Hunter. He feels the Ordinance should be enacted tonight;
however, he wants to make sure the verbiage is the same as that
in the Penal Code especially relative to infrequent males so
that the City Ordinance is not in conflict.
After additional brief discussion, Councilman Pickler moved to continue
Ordinance No. 5087 and the Resolution establishing fees to Tuesday, February
6, 1990, with additional information to be submitted by Staff in view of the
input received today. Councilman Hunter seconded the motion. MOTION CARRIED.
164. PUBLIC HEARING - ESTABLISHMENT OF RIVIERA MOBILE HOME PARK/FUJISHIGE
PROPERTY STORM DRAIN ASSESSMENT AREA; To consider a resolution establishing
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City Hall, Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
the Rtvera Mobile Home Park/Fujishtge Property Storm Drain Assessment Area and
the allocation of costs being $105,973.53 (33%) and $215,158.38 (67%) to the
Riviera property and FuJishige property, respectively; establishing storm
drain fees and approving a Reimbursement Agreement with Magnolia Realty
Investments.
Submitted was report dated December 14, 1989, from the Director of Public
Works/City Engineer Gary Johnson recommending approval of the subject
assessment area and related actions.
City Clerk Sohl announced that Staff is requesting the Council to continue
this item to Tuesday, February 6, 1990.
MOTION: There being no one who wished to speak at this time, Councilman
Hunter moved to continue the hearing on the subject storm drain easement area
to Tuesday, February 6, 1990 at 5:30 p.m. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
123/101: ACQUISITION OF REAL pROPERTY - KTG PARTNERS PARCELS:
Submitted was report dated January 16, 1990 from Robb ZurSchmiede, Property
Services Manager, recommending that the agreement for acquisition of real
property (escrow instructions) regarding KTG Partners Parcels be approved
along with authorizing related actions after waiving the posting provisions of
the Brown Act.
City Attorney White. The reason this item is not on the printed
agenda is due to the fact that issues relating to the
acquisition were resolved only yesterday after the agenda was
prepared and posted. It is necessary that the Council act on
this tonight as opposed to waiting for the next regular Council
meeting. It will enable the City to complete acquisition at the
currently negotiated price.
MOTION: Councilwoman Kaywood moved to waive the 72 hour posting provisions of
the Brown Act. Councilman Hunter seconded the motion. Councilman Pickler
voted no. MOTION CARRIED.
Councilman Fickler. Relative to interest earned, he wanted to
know if that interest would go back into the General Benefits
fund.
Gi=y Attorney White. He answered no. It is his understanding
it iS 0nly the principal. That is the reason why the escrow may
be extended for a period of time in order to maximize to the
last possible day the interest being earned in the General
Benefits Fund. The amount paid back from Certificates of
Participation would be the principal amount which would not
include interest payable back for that period of time, which
will be about one or two weeks. Relative to paying back the
interest, to his recollection, the way Certificates of
Participation are structured, they were not structured in that
manner.
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CSty Hall. ~paheim. California - COUNCIL MINUTES - January_ 16. 1990, 5;30 P.M.
MOTION: Councilman Hunter moved to (1) approve agreement for acquisition of
real property (escrow instructions) with KTG Partners,for property located at
2601, 2605 and 2621 Katella Avenue (2) appropriate and authorize an
expenditure of up to $3,000 from the City General Benefits Fund if required to
extend the closing of escrow, (3) authorize expenditure of $2,360,000 to
complete the acquisition from the General Benefits Fund to be reimbursed from
proceeds from a Certificates of Participation issue and, (4) authorize the
City Manager or his designee to complete the acquisition and to execute all
documents as may be necessary to complete the transaction. Councilman Daly
seconded the motion. Councilman Pickler voted no. MOTION CARRIED.
134/179/179. PUBLIC HEARING - CEOA NEGATIVE DECLARATION (READVERTISED),
GENERAL PLAN AMENDMENT NO. 272 (READVERTISED). RECLASSIFICATION NO, 89-90-23
(READVERTISED). WAIVER OF CODE REOUIREMENT (READVERT~SED), CONDITIONAL USE
PERMIT NO. 3214 CREADVERTISED):
OWNER: JAFARJAHANPANAH
520 North Rexford Drive
Beverly Hills, California 90210
AGENT: Ronald J. Crowley
1700 Raintree Road
Fullerton, California 92635
LOCATION/REQUEST: The property is located at 1585 West Katella Avenue. The
request is for a change in zone from RS-lO,000 to RM-2400. Petitioner
requests an amendment to the Land Use Element of the General Plan proposing a
redesignation from the existing Commercial Professional designation to the
Low-Medium Density Residential designation. To permit a 24-unit, RM-2400
condominium complex with waivers of maximum structural height, minimum
building setback, minimum recreational leisure area, and maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 272
DENIED (PC89-295, Reclassification No. 89-90-23 DENIED (PC89-296), Waiver of
code requirement DENIED, Conditional Use Permit No. 3214 DENIED (PC89-297).
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Councilman Pickler and Councilman Ehrle at the meeting of December 12, 1989
and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Published in ~he Anaheim Bulletin, January 4, 1990.
Posting of Property, January 5, 1990.
Mailing to property owners within 300 feet - January ~, 1990.
STAFF INPUT:
See Staff report to the Planning Commission dated December 4, 1989.
APPLICANT'S
STATEMENT:
Bob Mickelson, 382 North Glassell, Orange. The project was
started under an older set of requirements. The code has since
changed and Mr. Monshizadeh has attempted to amend the plans to
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City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M.
bring them into closer compliance with the new codes. There was less central
common open space required initially and it has been raised from 370 + to 500
and now it is about 600 but still short of the 750 square feet per unit
required. There were compact parking spaces allowed initially. The Ordinance
adopted during the process does not allow compact spaces. In summary, they
are presenting a plan which comes much closer to the City's new Ordinances but
yet is relying to some degree on the ones in effect at the time the project
was initially submitted. The plan is now slightly revised.
Councilwoman Kaywood asked if Staff had seen the revised plans;
Mr. Mickelson answered that he did not believe so.
Councilwoman Kaywood. She is concerned that again something is
being presented to the Council that is new and different and
Staff has not had the opportunity to review it and advise the
Council accordingly.
Bob Mtckelson. The change is minor in terms of the over-all
plan but significant in the improvement it makes. Working from
the posted plan, he explained the change, showing how one of the
units was taken out of the central area and moved to another
portion of the property. The units were "slipped forward" to
match the setback proposed in the area, creating a larger, more
central area.
PUBLIC DISCUSSION IN FAVOR:
Joseph R. Bryan, 1582 West Sumac. He has been fighting the
project since 1979 but tonight he is speaking in favor. The
neighbors have been working with the developer all along. At
the outset they were adamant about not allowing a motel or
apartments. When the Ordinance was changed to allow
condominiums, the developer discussed that with the neighbors.
He has no problem, nor do the rest of the neighbors with the
proposed project. Concessions have been made on both sides.
The developer has been amenable to the requests of the
residents. The developer was going to build the back units with
the patios facing the residents back yards, which the residents
· felt was inal~propriate. The developer has agreed to turn the
building around so that the bedrooms face the residents. The
trash containers are now in the front area. They also want an
eight foot block wall since his neighbor to the east has a
swimming pool. The wall would be in their favor. The neighbors
are comfortable with a condominium complex.
PUBLIC DISCUSSION IN OPPOSITION:
Hutch Hutchinson, Success Properties, 2899 Baker, Costa Mesa.
He is present representing Carl Hermastllo, the owner of the
office building directly to the east, James Frieze, the home
behind the complex and the buyer of both the properties, Mr.
Chou. He is also acting under Power of Attorney for them
tonight. He talked to everybody in the area and they all
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City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30
welcome development. The Chiropractor to the east is going to
be retiring and that property will also be up for development.
The property on the west is also on the market. They are all
zoned commercial-professional. With the proposed project
sandwiched in, it will greatly effect the value of the adjacent
properties. They are trying to work out something where they
could build together with Mr. Monshizadeh but they could not
come to an agreement. The amount of money Mr. Chou is paying
for the property does not set into the condominium project
theme. With the setback that the properties have, it would
almost negate any building on any of the adjacent parcels due to
the setbacks from residential properties. On behalf of himself
and the people he is representing, he is asking that the Council
deny the project until they can get something that will fit the
whole neighborhood - something everybody will be comfortable
with and not just one owner.
Bob Copy, Real Estate Broker, owner of Copy Realty at 1351 East
Chapman, Fullerton. He is representing his client, Dr. Lynn,.
who owns the nursery directly west of the proposed project.
When the property was purchased, they relied upon the
Commercial-Office designation. Over the years different
developments have been proposed. When they develop, they will
be back arguing the points of commercial use next to R-1. He
urged that the Council keep the property zoned commercial.
Bill Droessler, State Farm Insurance, 1598 West Katella, across
the street from the proposed development. He feels the whole
area is zoned for business. They have been trying to keep it
for business and not for residential.
SUMMATION BY
APPLICANT:
Bob Mickelson. Mr. Monshizadeh has tried commercial enterprises
that were not acceptable. He finds that residential
condominiums are not only acceptable but supported by the
neighbors to the rear and he wishes to proceed in that manner.
Councilwoman; Kaywood. She posed questions to Massoud
Monshizadeh,"who explained that they have previously proposed
condominiums to the rear with commercial in the front portion
but that was not acceptable. The existing zoning on the west is
RM-IO,O00 The people on the east have come tO talk to him
regarding land assembly but they want him to work for them
free. The want a free driveway. Mr. Hutchinson has called his
house. His conversation was if he (Hutchinson) had a business
proposal he would talk with him but up to this moment he has not
seen any kind of proposal
Councilwoman Kaywood. In the past, the Council has worked to
get land assembly in this area to do one good project rather
than a number of poor projects but such land assembly never
67
City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M.
materialized. The frontage on Katella is not suited for a
living environment. There could be high people density with the
proposed plan since the family room could become a fourth
bedroom. Compact parking spaces are no longer permitted. She
has a problem with over building the parcel. If all the parcels
to the east are looking to come together for a commercial
project, having commercial on both sides of residential is not
the best way to go. She would like to have the hearing
continued and in the interim have the parties meet to see what
can be worked out.
Bob Mickelson. He asked for clarification on two conditions
condition 3 states all private streets shall be developed in
accordance with Engineering Department Standard 122 which calls
for sidewalks on both sides of the entry street.
Anntka Santtlahti, Zoning Administrator. She clarified it does
require the installation of sidewalks. Every unit shall have
access to a sidewalk in some manner to Katella Avenue. To that
extent, there would have to be something on either side. It is
outside the minimum road dimension for a private driveway. The
plans do not show it.
Bob Mickelson. Mr. Monshtzadeh is asking that the plan be
approved as shown. He has built a nearly identical concept on
Broadway. It does not have the sidewalks but it does have the
street width. The other is Condition 11 asking for a turn
around area for the Fire Department. He is not sure the
h-mmerhead situation midway and at the rear would suffice but
would like clarification whether it requires revising the plan.
Annika Santalahtt. The wholly satisfactory solution to that is
a cul de sac with a 32 foot radius. The Fire Department has
accepted T's and various configurations with certain minimum
dimensions.
Bob Mickelson. Mr. Monshtzadeh is requesting that his site plan
be approved as presented.
Councilman ~tckler asked for clarification if that coincides
with what Staff wants.
Annika Santalahti. Relative to the bmmmerhead, Staff has
accepted that before but she is not certain if the dimensions of
the 'T" and lead in are wide enough. It has to be acceptable to
the Fire Department. Another point she would like to make is
concerning the change that occurred in the Code. One of the
changes was that parking space dimensions were modified and
eliminated small car spaces. The original plan showed small car
spaces. If approved, Condition 26 needs to be modified to
specify that all parking space dimensions satisfy Code as well
as engineering standards and that there be no small car spaces.
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City Hall, Anaheim. Galifornia- COUNQIL MINUTES - January 16, 1990, 5;30 P,M.
If they want small car spaces, they would have to file a
separate variance because that has not been advertised. As of
today, the new Code is in effect. The plans would have to be
modified if the Council approves them. She then clarifte4_for
Councilman Daly that she believes three waivers are still
required - structural height, minimum setback and minimum
recreational leisure area. The Commission in denying this was
concerned that they had just recently adopted the RM-2400
condominium proposals which allows more than the RM-3,000.
Councilwoman Kaywood. She feels it would be inexcusable to go
from RS-lO,000 down to RM-2400 with 3 waivers still being
requested, especially with no setback. The City pays a great
deal for right of way. It is not acceptable to have a building
directly on the street. The proposal is 0 to 22 feet and having
the trash container on the street is terrible.
Annika Santalahtt. The developer is required to provide a small
curb cut radius in order to go into the trash enclosure but it
will cut into the recreational-leisure space.
Councilman Daly expressed his concern with the location of the
trash container not only because of the distance tenants would
have to walk to get to it, but more importantly he is concerned
with the trash bin facing Katella, Just a couple of blocks from
Dtsneyland. He questioned how a site plan could be conceived
that puts trash out on to Katella.
After further discussion between Council Members and Mr.
Monshizadeh with input from Staff, Councilman Daly stated he
does not know why they are paying professional Staff if they do
not allow them to look at plans before they come to the Council
for approval. He wants input from the Fire Department and
Sanitation and all the specialty areas in the City. He would be
agreeable to continuing the hearing to give Staff time to review
the new plans and subsequently give their comments and
professional evaluation. The basic concept seems sound but he
wants to giqe Staff the courtesy of reviewing the proposal.
Annika Santalahti. Her concern is that the site is very "tight"
and to start moving the trash area onto the site from the front
setback will involve an area that might involve the building.
Th. change from the eight small car spaces might reduce the unit
count. She is concerned they may end up with one less unit
which might not be acceptable to the developer. Also, relative
to the sidewalk situation, there should be access from all the
units to the public street without having to walk down a 20 foot
wide roadway, i.e., private sidewalk from all units.
69
City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
MOTION: Councilman Hunter moved to continue the subject public hearing to
Tuesday, February 6, 1990 at 6:00 p.m. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
179, ~UBLIC HEARING - WAIVER OF CODE REOUIREMENT , CONDITIONAL USE pER~/T NO.
3219 AND NEGATIVE DECLARATION:
OWNER: IMPERIAL PROPERTIES
4188 Pullman Avenue
Costa Mesa, California 92626
AGENT: Richard Ornstein
c/o Coldwell Banker residential Real Estate
2475 North Tustin Avenue
Orange, CAlifornia 92665
LOCATION/REQUEST: The property is located at 5753 Santa Ana Canyon Road,
Suite "A". The request is to permit a gourmet take-out restaurant with
outdoor seating and on-sale beer and wine.
ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3219
GRANTED (PC89-307), waiver of code requirement GRANTED, Approved Negative
Declaration..
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Pickler and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin January 4, 1990.
Posting of property 3anuary 5, 1990.
Mailing to property owners within 300 feet - January 4, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 4, 1989.
APPLICANT'S
STATEMENT:
Dick Ornstetn, 6075 Brighton, Anaheim. He is affiliated with
Coldwell Banker and is representing the client/applicant who is
requesting the subject Conditional Use Permit. The location is
within the confines of the Canyon Plaza Shopping Center in the
western portion in a suite approximately 1500 square feet
counting the exterior space, immediately adjacent to the Foxfire
Restaurant. Since the center did not have a current parking
study, his client contracted with Pringle and Associates who did
the study which showed that there would be a negligible impact
on both parking and traffic due to the location of the business
within the center. One of the reasons that site was chosen in
the center, there was minimum parking congestion and a maximum
surplus of available parking. Immediately behind the location
there are approximately 10 parking spaces which are not even
used at this time. The Prtngle study indicated that worst case
70
City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
scenario for a business of this type and size would require
approximately 22 parking spaces based on a 1500 square foot size
with 18 spaces per 1000 square feet. The study showed at peak
demand, immediately available to this location there are 28
spaces that could be utilized and another 24 adjacent to that.
Within that immediate area there is adequate and available
parking.
Yves Masquefa, applicant, 3081 Brea Boulevard, Fullerton. He is
trying to open up a small French-Italian gourmet take out
restaurant, very small, with minimum seating and beer and wine
only.
Answering Councilwoman Kaywood, who expressed concern about
parking and outdoor seating, Mr. Masquefa explained they are
going to be putting in a planter box with waist high trees
around the area. It is a covered area and not a great deal of
wind blows in that particular corner of the center. The wind
will not be a problem. Linen instead of paper will also be used.
Councilman Pickler. He was concerned about parking but it has
been shown there will be no problem.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman 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 that
there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-31)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-31 for adoption, granting
Conditional Use Permit No. 3219, subject to City Planning Commission
conditions. 'Refer to Reso'tution Book.
RESOLUTION NO. 90R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTIN~ GONDITIONAL USE PERMIT NO. 3219.
Roll Gall Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution NO. 90R-31 duly passed and adopted.
71
City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M.
179.
PUBLIC HEARING - VARIANCE NO, 4008, CATEGORICALLY EXEMPT, CLASS 3;
OWNER: GEROLDINE JEWELL, EXECUTOR, ESTATE OF ALFRED STECHERT
6111 East Via Sabia
Anaheim, California
AGENT: Michael Frazier
18200 Yorba Linda Boulevard, #201
Yorba Linda, California 92686
LOCATION/REQUEST: The property is located at 6111 East Via Sabia. The
request is for a waiver of minimum lot width to establish a 3-lot subdivision
ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4008 GRANTED
(PC89-304).
HEARING SET ON:
A letter of appeal was submitted by the Agent, Michael Frazler, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin January 4, 1990.
Posting of property January 5, 1990.
Mailing to property owners within 300 feet - January 4, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 4, 1989.
APPLICANT'S
STATEMENT:
Michael Frazier, 18200 Yorba Linda Boulevard, Suite 201, Yorba
Linda, Architect for the project. Two items were added to the
Conditions of Approval of the Variance. At the Planning
Commission hearing, one of the neighbors who lives across the
street, Dr. Droskthar made an objection to the number of
driveways exiting from the property onto Via Sabia which is a
cul de sac street. Concern was also expressed over the impact
of construction vehicles on Via Sabia. The Planning Commission
in their final decision then added to Condition No. 18 of the
Variance, "...provided however, that there shall be only one
access/driveway onto Via Sabia..." and added Condition 22,
"...that co~Struction vehicles and heavy equipment shall be
prohibited from Via Sabia..." He has subsequently spoken to the
neighbors and they are all in favor of the two driveway design
as represented by the drawing posted on the Chamber wall.
Previously there was only an Engineering drawing for the Parcel
Map of the three lot subdivision. None of the driveway
locations were indicated because they had not designed the
dwellings or driveway approaches. Subsequently they have had
time to design and discuss with the neighbors the conditions of
the cul de sac and landscaping which is very abundant on the
site. They are going to preserve every tree and shrub. They
would like to have the Conditions eliminated that do not allow
them to have two driveways from Via Sabia.
72
City Hall, Anaheim. California COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
Joel Fick, Planning Director. The condition was largely
inserted because of interest from the neighbors. If that notion
has been withdrawn, it is not a problem from an engineering
standpoint. That could be modified if the objection is
withdrawn and is no longer a concern and that driveway locations
prior to the issuance of a building permit be subject to the
approval of the Traffic Engineer.
Paul Singer, Traffic Engineer, has indicated the two driveways
will not be a problem.
Michael Frazter. Relative to no construction vehicles on Via
Sabia, it is an extraordinary encumbrance At the time, they
looked at Via Montanera, the other street and limited
construction vehicles to that street. It is impractically
narrow. Construction vehicles will have a difficult time
entering there. They need access from Via Sabia. No
construction vehicles will do damage to or be left on the street
and they will comply with all grading restrictions of the city.
PUBLIC
DISCUSSION:
Jean Spence, 6120 Via Sabia. She lives across the street from
the proposed project. She agrees with Mr. Frazter. It was
"paranoia" on the part of some of the neighbors when they first
saw there were going to be two more driveways on via Sabia. She
has had several discussions with Mr. Frazter and they do agree
that there is no problem with having two entrances on Via
Sabta. Her only concern, they are 34 home owners who have to
belong to the Homeowners Slope Association to maintain the
slopes. She is a Board Member of the Association and although
she is not asking that the three new home owners belong to the
Association, she would like to make sure they are required to
maintain the slopes in the same manner as the other homeowners
in that they comply with the same CC&Rs.
Joel Fick. At the time the subdivision is presented to the
City, the City Engineer's standard practice is to impose
conditions like that for the slope maintenance both for
aesthetic purposes and for the slope's stability as well. Those
conditions would be imposed during subdivision of the property.
Typically, they would not have to belong to the Association and
the Development would be required to maintain their own slopes
within the subdivision.
Michael Frazier. They are very concerned about appearance and
will be imposing CC&Rs in compliance with the City and in view
of Mrs. Spence's comments will try to make those commensurate
with those of the present homeowners.
COUNCIL ACTION:
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
73
City 8al~, Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
Anntka Santalahti, Zoning Administrator. The ultimate outcome
will be a Parcel Map. In connection with that, there will be an
initial study for a negative declaration and it will be
advertised. The neighbors could attend the hearing before the
City Engineer and remind somebody of their concern. They will
be getting another notice.
On motion by Councilman Hunter, seconded by Councilwoman Kaywood, the City
Council determined that the proposed activity falls within the definition of
Section 3.01, Class 3 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.
W~IVER OF READING - RESOLUTIONS: The title of the following resolution was
read by the City Clerk (Resolution No. 90R-32).
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 90R-32 for adoption, granting
Variance No. 4008, subject to City Planning Commission conditions...
RESOLUTION NO. 90R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4008.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter.
None
None
The Mayor declared Resolution No. 90R-32 duly passed and adopted.
179, PUBLIC 8EARING - CONDITIONAL USE PERMIT NO. 1564 AND NEGATIVE
DECLARATION:
OWNER: HUISH FAMILY FUN CENTERS, INC.
Attention: Court Huish
33208 Pasco Cerveza, Suite C
San Juan Capistr~no, California 92675
LOCATION/REQUEST: The property is located at 1041 North Shepard Street.
The request is to consider revised plans to include construction of a
miniature golf course, maze field and battle tanks and relocation of parking
spaces for a previously approved amusement center.
ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 1564
GRANTED (PC89-301). Negative Declaration approved.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Pickler and public hearing scheduled this date.
61¸
74
City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin, January 4, 1990.
Posting of property January 5, 1990.
Mailing to property owners within 300 feet - January 4, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 4, 1989.
APPLICANT'S
STATEMENT:
Court Huish, 33208 Pasco Cerveza, San Juan Capistrano. He is
present to answer questions. He explained for Councilwoman
Kaywood that after re-conferring with the Planning Department
and the neighbors, they eliminated the miniature golf course
from the proposal and it was approved by the Planning Commission
without the golf course. Relative to parking, the proposal
shows 155 stalls. After conferring with the Planning
Department, they have since redesigned the parking and by going
to the 8 1/2 foot stalls they picked up another 20 stalls and
have come up with 188 stalls at 9 feet.
Paul Singer, Traffic Engineer. He recommended to the Planning
Commission that a minimum of 175 parking spaces be provided and
that the parking plan conform to City standards. That is why
Condition No. 5 was included.
Councilwoman Kaywood. The recommendation from the Police
Department was to deny the request because of on-going problems
in the area.
Court Huish. He believes it was the Traffic Division of the
Police Department who recommended denial. The problem has since
been rectified through the use of the Hammer-Raider Program.
The streets are clear and the loiterers and cruisers are now
someplace else - they are not in Anaheim on Shepard Street and
Kraemer. Officer Kalik, who heads up the Program, is
outstanding. They had originally requested the Police
Department's help and the Program worked to solve their
problem. Th. ey started about 10 to 12 weeks ago.
Councilwoman Kaywood. The report submitted is dated November
30, 1989 and the Police were recommending denial at that time.
Court Hutsh. The problem has been straightened out since that
time. The Police Department came to the Planning Commission
meeting and discussed the issue. T~e Commission voted 7-0 in
favor.
Paul Singer, Traffic Engineer. He explained for Councilman
Pickler that, to the best of his knowledge, no particular
traffic study was conducted relative to traffic flow. Uses of
the subject nature generally take place after peak hours. They
do not conflict with peak hour traffic useage.
75
City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
Councilwoman Kaywood. There was a "mammoth" problem a couple of
years ago with cruising occupying the Police Department because
it was so major. It has been alleviated since then but there is
still some cruising going on.
Court Huish. He reiterated through the Hammer-Raider Program,
the Police started ticketing kids who were driving cars that
were not legal and made it a place where kids did not want to
cruise. It has eliminated the problem to his knowledge. The
Police Department is anxious to keep the cruisers out of the
City and it has been about three months since the problem has
been eliminated.
Councilman Pickler. His main concern is the traffic. It is
after peak hours but he questioned the months of June through
September whether there was a constant flow of people.
Court Huish. They are school oriented and when school is out
they are far busier. During the s,,mmmer months the kids com~ to
their location with their parents. Since their parents work,
peak hours are still after hours on Fridays, Saturdays and
Sundays.
Councilwoman Kaywood. She is going to go along with the Police
Department recommendation; Councilman Pickler. His main concern
has always been traffic in the industrial area and that is the
reason he is going to vote against.
Don Kenney, representing Camelot Golf Land, 3200 Carpenter
Avenue, Anaheim, 92806. They are neighbors of the proposed site
to the east. Relative to the cruising that had been there, he
was appalled when he first saw it. He was equally pleased when
he came back some time ago and it was gone. It had been
obliterated and he was delighted. That occurred within the last
three months. On that point both he and Mr. Huish agree that
the problem seems to be abated. He has no problem with the
addition of the tanks or the maze but he does have a question
relative to ~arking. Heretofore during peak s,]mmer nights,
Friday and Saturday nights, they have been experiencing people
who park on the Camelot lot and go to the adjacent
establishment. They have 25 or 30 unredeemed parking spaces
that lead them to believe this is the case. Camelot also has
vacant land they hope to develop in the near future and at that
time intend to balance the parking to their needs. On the plan
Mr. Huish handed him, currently there are 136 spaces. He only
counted 132 but the shortfall between Mr. Fowler (property owner
at 3178 East La Palma) and Camelot that exists presently is
about 40 spaces or a total of 176. Adding even the 7 and 28 for
the new attractions, brings it up to 211 spaces. Right now
there is no problem but they are concerned in the future they
mig~ht have difficulty from the standpoint of their customers and
76
City Hall, Anaheim, California COUNCIL MINUTES - January 16, 1990, 5~30 P.M.
Mr. Huish's customers who might be competing for Camelot parking
spaces.
Paul Singer. He has not seen the restriptng plan as yet. The
analysis made for the facility requires a minimum 175 spaces.
Court Hutsh. They hired a parking consultant who recommended
175 spaces and they feel they can get 188 out of what they have
proposed in restrtping.
Councilwoman Kaywood asked if he would have any objection if
they were tied into the 188 spaces; Mr. Hutsh answered no. He
also clarified that they have more space for parking if needed.
ENV~g0~I~gNT~ IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman 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 receive~
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-33)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-33 for adoption, granting
Conditional Use Permit No. 1564, subject to City Planning Commission
conditions, including revision to conditions requiring a minimum of 188 off
street parking spaces, as stipulated. Refer to Resolution Book.
RESOLUTION NO. 90R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 1564.
Roll Call Vo~e
AYES: COUNCIL MEMBERS: Daly, Ehrle, Hunter
NOES: COUNCIL MEMBERS: KayWood, Pickler
ABSENT: COUI~CIL MF24B~R~: None
The Mayor declared Resolution No. 90R-33 duly passed and adopted.
%79. ITEMS BI - B2 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 28. 1989
- D~CISION DATE: JANUARY 4. 1990
INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 19. 1990
77
City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
B1. VARI6NGE NO. 3977 AND NEGATIVE DECLARATION:
OWNER: RAYMOND G. & ESTELLE K. SPEHAR AND MARCIA ANN HALLIGAN, 6937 Avenida
de Santiago, Anaheim, CA 92807.
AGENT: A & E PARTNERSHIP ARCHITECTS, ATTN: TIMOTHY VIRUS, 3002 Dow Avenue,
Suite 106, Tustin CA 92680.
LOCATION: 5755 E. La Palma Avenue (northeast corner of Imperial Highway and
La Palma Avenue)
Waiver of mintmumnumber of parking spaces and prohibited roof-mounted
equipment to construct a 9,500 square foot addition to an existing
supermarket. (Lucky Food Center)
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 3977 APPROVED with modified conditions (ZA89-73).
Approved Negative Declaration.
65
B2. VARIANCE NO. 4010. CATEGORICALLY EXEMPT. CLASS 5:
OWNER: FRANK PEZZA, 1219 N. Ravenna St., Anaheim, CA 92801
LOCATION: 1219 North Ravenna Street (north of Romneya Drive)
Waivers of rear yard coverage and rear yard setback to construct a room
addition.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4010 APPROVED, adding two conditions (ZA89-74).
END OF THE ZONING ADMINISTRATOR ITEMS.
B3. ORDINANCE NO. 5088 (ADOPTION) Amending Title 18 to rezone property
under Reclassification No. 88-89-53, located in the area bounded by Santa Aha
Street, Helena Street, Elm Street and Clementine Street, from the RM-2400 zone
to the RM-1200 zone. (Introduced at the meeting of January 9, 1990, Item B14.)
WAIVER OF READING - ORDINANCe; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5088)
Councilman Pickler moved to waive the reading in full of the Ordinance.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered'Ordinance No. 5088 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5088: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFF~KRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Roll Gall Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5088 duly passed and adopted.
78
City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
B4. ORDINANCE NO. 5090 (INTRODUCTION) Amending Title 18 to rezone property
under Reclassification No. 89-90-18, located at 502 S. Rio Vista Street, from
the RS-A-43,000 zone to the CO zone.
Councilman Hunter offered Ordinance No. 5090 for introduction.
ORDINANCE NO. 5090: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Annika Santalahtt, Zoning Administrator. She will provide the Council with
background data by next week's meeting as requested.
C%, ITEMS OF PUBLIC INTEREST: Margaret Patino, 1243 West Laster, Anaheim.
Relative to the public hearing on General Plan Amendment No. 272,
Reclassification and Conditional Use Permit for the property at 1585 West
Katella Avenue (see Item D1 today's agenda), which the Council postponed for
three weeks, she recommended that the Council look carefully at the site. If
she were a perspective home buyer, she would think twice about the living
79
City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M.
environment. There is a Palm Reader business directly across the street plus
a semi-vacant shopping center which used to house a Handyman and Albertsons.
At the corner of Katella and Ninth Street there is a very busy Korean Church
which has a lot of traffic. She has a seat with the Housing Commissio~
Housing is important but she questions if it belongs at that site. She does
not believe it is a suitable living environment.
Councilman Daly. He asked if the commercial properties in the area are not
doing well and this is a general planned commercial area, what is the answer?
Margaret Patino. Since she was part of the Housing Element and Strategy, they
wanted to eliminate mixing things up. She feels it should remain commercial
because of the location.
Additional discussion followed between Ms. Patino and Councilman Daly at the
conclusion of which City Attorney White clarified that the comments made
relative to the project will not be a part of the hearing record on the public
hearing that was held earlier today regarding the property. If Ms. Pattno
wishes to have her comments made a part of the record, she should be presen~
at the continued hearing to be held on Tuesday, February 6, 1990.
114/149: PARKING AUTHORITY: Councilman Ehrle. In the past week the Council
had the opportunity to attend the Disneyland Press Conference where the idea
of a second gate was brought forward. The Council has discussed
transportation and parking extensively in the last few years, especially in
that area. At one time, the city had a Transportation or a Parking
Authority. He feels it is time for the City to resurrect and re-evaluate
that Authority since the City has emphasized its concern with transportation
and parking. Through the Authority, they can look at such things as the
monorail and people mover systems. Studies are in progress even now. The
Parking Authority has to be reactivated and its powers determined to see what
direction they might want to take. With Council's comments and approval, he
would like to direct Staff to come back in a few weeks with a recommendation
relative to reactivating the parking authority.
City Manager Simpson. The Authority is still in place. When it was put in
place, it had funding but in the same budget year the funding was removed.
Councilman P{ckler. He r~Commended that they receive a report from the City
Manager's Office relative to the issue; Mr. Simpson stated he would be pleased
to submit such a report.
114/181. F_J~THOUAKE PREPAREDNESS; Councilman Pickler. In the past the
Council has discussed earthquake preparedness. He would like to have Bob
Berg, the City's Emergency Services Specialist, give a presentation to the
Council on earthquake preparedness so that they will be fully informed and in
order to keep the City's citizens apprised of what is happening relative to
the issue. The presentation can be made in two or three weeks.
City Manager Simpson stated he would schedule such a presentation.
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Hall. Anaheim. Cali$ornta - COUNCIL MINUTES - January 16, 1990, 5;30 P,M.
114/153. MARTIN LUTHER KING. JR. BIRTHDAY - pOSSIBLE CITY HOLIDAY;
Councilman Pickler noted that Mayor Hunter mentioned the fact that the City of
Anaheim does not recognize Martin Luther King's birthday. He (Pickler) asked
that between now and next January that Staff look at that possibility. He
likes the idea and it is something that warrants merit. He does not know if
the City can afford to observe the holiday or not.
Mayor Hunter. He believes that the unions have something to do with that in
bargaining and negotiation sessions.
City Manager Simpson. They will look at that possibility.
ADJOURNMENT: Councilman Hunter moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (8:32 p.m.)
LEONORA N. SOHL, CITY CLERK
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