1987/03/241.55:
City Hall~ Anaheim, California - COUNCIL ~tlNUT~S -March 24~ 1987~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
VACANCY:
PRESENT:
COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
CITY MANAGER: William O. Talley
CITY ATTOKNEY: Jack White
CITY CL~RK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
ASSOCIATE PLANNER: Greg Hastings
CODE ENFORCEMENT SUPERVISOR: John Poole
SGT. VICE-DETAIL: Steve Rodig
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:00 p.m. on March 20, 1987 at the Civic Center front lobby window,
containing all items as shown herein.
Mayor Bay called the regular meeting of the Anaheim City Council to order at
12:12 p.m.)
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. 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. 40-92-46.2.
b. Labor relations matters - Government Code Section 54957.6.
c. Personnel matters - Government Code Section 54957.
d. Potential litigation pursuant to Government Code Section
54956.9(c).
Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay
seconded the motion. One Vacancy. MOTION CARRIED. (12:12 p.m.)
A~TERRECESS: The Mayor called the meeting to order, all Council Members
bein§ present. One Vacancy. (1:49 p.m.)
INVOCATION: Reverend Don Dexter, 1st Presbyterian Church, gave the Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
225
156
City Hall~ A--helm, California - COUNCIL MINUTES -March 24~ 1987~ 1:30 P.M.
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. One Vacancy. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,755,790.38, in
accordance with the 1986-87 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 87R-91 through 87R-98, both inclusive, for adoption.
Refer to Resolution Book.
1. 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 E. Greenwood for property damage sustained
purportedly due to actions of the City on or about December 30, 1986.
b. Claim submitted by Robert Deberadinis for bodily injury sustained
purportedly due to actions of the City on or about December 10, 1986.
c. Claim submitted by Dolores & Robbie Romero for bodily injury sustained
purportedly due to actions of the City on or about December 2, 1986.
2A. Receiving and filing the following correspondence: (on file)
a. 105: Park and Recreation Commission, Minutes of January 28, 1987.
b. 105: Senior Citizens Commission, Minutes of February 12, 1987.
c. 105: Project Area Committee Project Alpha, Minutes of February 24,
1987.
d. 107: Planning Department, Building Division Report for the month of
February 1987.
e. 105: Golf Course Advisory Commission Minutes - meeting of
November 20, 1986.
2B. Approving the following applications in accordance with the
recommendations of the Chief of Police:
a. 108: Pool Room Permit submitted by Charles Martin Korleski, for the
Wolf's Den, 927 North Anaheim Boulevard for 4 pool tables.
b. 108: Public Dance Permit, submitted by Jesus M. Frias, for the
Empresa Frias to hold a dance at the Anaheim Convention Center, April 4,
1987, from 6:00 p.m. to 1:00 a.m.
226
.153
City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24~ 1987~ 1:30
3. 179: Granting one-year extensions of time for Conditional Use Permit Nos.
2726 and 2727 and Reclassification No. 85-86-15, proposed change in zone to
RM-1200 to construct a 134 unit senior citizens affordable apartment complex
and a 99-bed skilled nursing facility on property located at 891 South Walnut
Street (Walnut Manor), to expire February 18, 1988.
4. 123: Extending an agreement with BSI Consultants, Inc. for ninety days
for traffic control device inventory.
5. 175/123: Authorizing the Public Utilities General Manager to execute the
California-Oregon Transmission Project Agreement with the cities of Azusa,
Banning, Colton, Riverside and Vernon.
6. 123: Authorizing an agreement with Richard Morris, dba Tri County
Officials in an amount not to exceed $60,000 to provide athletic officials
service for the adult softball program for the term March 1, 1987 to February
28, 1990.
7. 160: Accepting the bid of Woody Chevrolet in the amount of 5159,747.77
for thirteen 1-ton cab/chassis, in accordance with Bid No. A-4384.
8. 160: Accepting the bid of Woody Chevrolet in the amount of $48,354.32 for
five pickup trucks, in accordance with Bid No. A-4385.
9. 169: RESOLUTION NO. 87R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SULLY-MILT,RR
CONTRACTING COMPANY) (Awarding a contract to the lowest and best responsible
bidder, Sully-Miller Contracting Company, in the amount of 540,170, for
Gilbert Street Street Improvement, w/s 800 feet n/o to 200 feet n/o Lincoln
Avenue, Account Nos. 17-792-6325-E2320, 51-484-6993-00710 and
52-606-6329-07514)
10. 169: RESOLUTION NO. 87R-92: ARESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (MC GREW CONSTRUCTION
COMPANY, INC.) (Awarding a contract to the lowest and best responsible
bidder, McGrew Construction Company, Inc., in the amount of $249,470.73 for
the Orange Avenue Street Improvement, Beach Boulevard to Western Avenue,
Account Nos. 51-484-6993-00710 and 15-793-6325-E3080)
11. 169/109: RESOLUTION NO. 87R-93: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESCRIBING STATUS OF THE LINCOLN AVENUE 1LEALIGNMENT, PHASE II,
GRADE SEPARATION PROJECT AND AUTHORIZING THE FILING OF AN APPLICATION FOR
FUNDING WITH THE DIRECTOR OF TRANSPORTATION, STATE OF CALIFORNIA.
12. 153: RESOLUTION NO. 87R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED MARCH 16, 1987, BETWEEN
THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASSOCIATION, LOCAL NO.
2899. (Approving a Letter of Understanding dated March 16, 1987, with the
Anaheim Fire Fighters Association, Local No. 2899, amending the Memorandum of
Understanding to include an agreement reached on Hazardous Materials Program)
227
'154
City Hall~ Auaheim~ California - C0UNClLMINUTES - March 24~ 1987~ 1:30 P.M.
13. 153: RESOLUTION NO. 87R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED MARCH 12, 1987, BETWEEN
THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASSOCIATION, LOCAL NO.
2899. (Approving a Letter of Understanding dated March 12, 1987 with the
Anaheim Fireftghters Association, Local No. 2899, to delete the Fire Inspector
Job Classifications)
14. 153: RESOLUTION NO. 87R-96: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED MARCH 12, 1987, BETWEEN
THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASS0CIATION, LOCAL NO.
2899. (Approving a Letter of Understanding dated March 12, 1987 with the
Anaheim Firefighters Association, Local No. 2899 to include an agreement
reached on the Joint Committee on medical programs)
15. 153: RESOLUTION NO. 87R-97: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED MARCH 12, 1987, BETWEEN
THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASSOCIATION, LOCAL NO.
2899. (Approving a Letter of Understanding dated March 12, 1987, with the
Anaheim Firefighters Association, Local No. 2899, to include an agreement
reached on amending City contribution to the insurance plans)
16. 158: RESOLUTION NO. 87R-98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN
REAL PROPERTIES OR INTERESTS THEREIN.
Roll Call Vote on Resolution Nos. 87R-91 through 87R-98:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBE~S:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution Nos. 87R-91 through 87R-98, both inclusive, duly
passed and adopted.
106: RESOURCE ALLOCATION PLAN GOALS AND OBJECTIVES, FISCAL YEARS 1987/88 AND
1988/89: City Manager William O. Talley requested consideration and direction
from the City Council to staff relative to Resource Allocation Plan Goals and
Objectives proposed for Fiscal Years 1987/88 and 1988/89, including the
establishment of City Council/staff work sessions.
Mayor Bay stated he was not yet prepared to comment as he had not had
sufficient time for thorough study of the complete document as presented. He
cited the difficulty in approving goals and objectives without cost figures.
At the conclusion of brief discussion, Mr. Talley advised that he would meet
with staff preparatory to agendizing this matter again next week (March 31,
1987).
By general consent, the consideration of proposed Program Goals and Objectives
for Fiscal Years 1987/88 and 1988/89 was continued one week to March 31, 1987.
228
City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
153: 1986 MANAGEMENT BENCHMARK SALARY SUKVEY: City Manager William O. Talley
requested City Council concurrence with the process utilized for the current'
1986 Benchmark Survey of Management Classifications. Background material
explaining how the 1986 survey was accomplished had been submitted for
information, and it was noted that the Human Resources Department staff was in
the process of conducting the Management Benchmark Salary Survey for the
Fiscal Year 1986/87 time frame.
Mr. Talley pointed out that the Blue Ribbon Committee had recommended that
this survey be done every year, however City staff felt every three-to-five
years would be more efficient. He requested any further direction the City
Council might care to give.
Mayor Bay stated that he did not agree with the method used to prepare the
survey, however he would like to see the updated figures. He indicated that
for the 1986 survey, Anaheim was compared to some much larger cities, some of
which seemed to have quite different forms of government; he was of the
opinion that a better method could be found.
Councilman Hunter stated that Anaheim is a "cut above' most cities, and City
employees should be compensated for their work accordingly. His only concerns
with the Sibson Report were the recommended "Pay for Performance" and
"Management By Objectives", and he wondered how many of the "Benchmark Cities"
used these policies and how they arrived at them.
At the conclusion of the discussion, by general consent, consideration of the
process used for the 1986 Management Benchmark Salary Survey was continued one
week to March 31, 1987.
146: APPOINTMENT - SANTA ANA RIVER FLOOD PROTECTION AGENCY: In accordance
with request by Councilman Pickler, appointment to the Santa Ana River Flood
Protection Agency was continued three weeks to April 14, 1987, by general
consent.
105: ANAHEIM YOUTH COMMISSION APPOINTMENTS: On report and recommendation by
the Anaheim Youth Commission Chairman, Nathan Wiedenman, the term of Youth
Commissioner Ellen Liu (expiring December 31, 1987) was terminated and Joan
Chang was appointed to fill the unexpired term on motion by Councilman
Pickler, seconded by Councilman Bay. MOTION CARRIED.
The term of First Alternate Sun K. F, tm (expiring December 31, 1988) was
terminated and Marlene Bond was appointed to fill that unexpired term on
motion by Councilman Pickler, seconded by Councilman Bay. MOTION CARRIED.
To fill the unexpired term of Second Alternate Joan Chang, Councilman Bay
nominated Kurt Tiedtke. Nominations were closed.
On motion by Councilman Bay, seconded by Councilman Pickler, nominations were
closed for Second Alternate Commissioner. MOTION CARRIED.
229
City Hall, A-~heim~ Cal~fornia - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
Roll Call Vote for Kurt Tiedtke:
AYES: COUNCILMEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter and Bay
Kaywood
None
One
Councilwoman Kaywood moved a unanimous vote for Kurt Tiedtke. Councilman
Pickler seconded the motion. One Vacancy. MOTION CARRIED UNANIMOUSLY.
To fill the unexpired term of Third Alternate Marlene Bond, Councilwoman
Kaywood nominated Kirk Hoiberg.
There being no further nominations, the Mayor declared nominations closed.
Roll Call Vote forK irk Hoiberg:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
Mr. Hoiberg was unanimously appointed Third Alternate to the Anaheim Youth
Commission.
105: COMMUNITY REDEVELOPMENT COMMISSION APPOINTMENTS: On motion by
Councilman Bay, seconded by Councilman Pickler, appointments to fill two
vacancies on the Community Redevelopment Commission were continued one week
(March 31, 1987), to allow time to receive and review additional applications
for the two positions. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held March 2, 1987, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2679 (READV.): Submitted by Synod of Southern
California and Hawaii, (El Rancho Plaza), to amend conditions of approval of
Conditional use Permit No. 2679 (Ready.), to permit a retail center with
on-sale alcoholic beverages in one enclosed restaurant and on-sale beer and
wine in a second enclosed restaurant.
The City Planning Commission, pursuant to Resolution No. PC87-57, granted
Conditional Use Permit No. 2679 (Ready.), and previously approved the negative
declaration status.
2. CONDITIONAL USE PERMIT NO. 2893: Submitted by Frank J. Currie and Evelyn
R. Cuttle, to permit an automotive repair facility on ML zoned property
located at 1480 North Tustin Avenue, with Code waiver of minimumnumber of
required parking spaces.
The City Planning Commission, pursuant to Resolution No. PC87-58, granted
Conditional Use Permit No. 2893, and granted a negative declaration status.
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City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24, 1987~ 1:30 P.M.
3. CONDITIONAL USE PERMIT NO. 2894: Submitted by Brea Times Partners, to
permit on-sale beer and wine in a proposed restaurant on CL zoned property
located at 2424 West Ball Road, with Code waiver of minimum number of parking
spaces.
The City Planning Commission, pursuant to Resolution No. PC87-59, granted
Conditional Use Permit No. 2894, and granted a negative declaration status.
4. VARIANCE NO. 3640: Submitted by Craig A. and Rita J. Mock, to construct a
170 square foot expansion to an existing bedroom on RS-5000(SC) zoned property
located at 1229 North Willet Circle.
The City Planning Commission, pursuant to Resolution No. PC87-60, granted
Variance No. 3640, and ratified the Planning Director's categorical exemption
determination, (Class 5).
5. PROPOSED CODE REVISIONS--RECREATIONAL-LEISURE AREAS: To consider possible
Code revisions pertaining to recreational-leisure areas, specifically usable
open space.
Staff directed to conduct a study by the Planning Commission.
6. GENERAL PLAN AMENDMENT: Submitted by City Engineer, requesting a General
Plan Amendment to redesignate Fairmont Boulevard between La Palma Avenue and
Santa Aha Canyon Road from a Hillside Secondary to Hillside Primary Arterial
Highway; and add West Street between Manchester Avenue and Ball Road as a
major Arterial Highway.
The City Planning Commission determined that a General Plan Amendment Study
would be conducted as requested.
End of Planning Commission Informational Items.
134: GENERAL PLAN AMENDMENT STUDY AREA: To consider a General Plan Amendment
Study Area of the area bounded by Anaheim Boulevard, Cypress Street, The Union
Pacific Railway and La Palma Avenue.
At their regular meeting held March 2, 1987, the City Planning Commission
directed Planning ~taff to initiate a General Plan Amendment Study of the area
bounded by Anaheim Boulevard, Cypress Street, the Union Pacific Railway and La
Palma Avenue. The Commission further recommended that the City Council
declare a moratorium on any proposed development for more intense zoning
projects than RM-2400 within subject area.
Councilman Bay offered a motion to continue Council consideration of the
proposed moratorium for additional public input.
At an invitation by Councilwoman Kaywood, Mr. Keith Pepper, 817 N. Lemon
Street, Chairman of the Central City Neighborhood Council, came forward to
address the Council. He stated that according to staff, there were no plans
on file pending a plan check at the present time, and he noted the proposed
moratorium would affect only permits for RM-1200 projects. Mr. Pepper
231
150
City Hall~ An~heim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
indicated it was the intent of the Central City Neighborhood Council to survey
subject area on April 11, 1987, for additional input, and he requested the
City Council to protect the more than 600 properties involved.
Senior Planner Greg Hastings noted a discrepancy in the excerpt from the
minutes of the City Planning Commission meeting held March 2, 1987; he
clarified that the intent of the Commission was to not include RM-2400 zoning
in the moratorium.
MOTION: Councilwoman Kaywood moved that the City Council initiate a
moratorium on any development in this Study area more intense than RM-2400.
Councilman Pickler seconded the motion.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler and Kaywood
Hunter and Bay
None
One
The motion failed to carry.
Councilman Bay moved to continue the recommendation to April 28, 1987, for
additional input from residents of the area. Councilman Hunter seconded the
motion.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Hunter and Bay
Pickler and Kaywood
None
One
The motion failed to carry.
Councilwoman Kaywood moved that the recommendation be continued one week to
March 31, 1987 for an update from Planning staff. Councilman Pickler seconded
the motion.
Further discussion ensued, Councilman Bay expressing surprise that the City
Council should be requested to create a no-growth moratorium anywhere in the
City, with no evidence that it is what the neighborhood wants.
Roll Call Vote on the foregoing motion:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Kaywood and Pickler
Hunter and Bay
None
One
The motion failed to carry.
232
City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
Recommendation to declare a moratorium on projects more intense than RM-2400
in the area bounded by Anaheim Boulevard, Cypress Street, the Union Pacific
Railway and La Palms Avenue was taken off the agenda.
RECESS: By general consent, the Council recessed for 10 minutes. (3:35 p.m.)
181/106: SECOND ANNUAL IMAGINATION CRT.RBRATION: Request was submitted by
Elizabeth Tierney for a $2,000 donation to the Second Annual Imagination
Celebration, an arts celebration promoted by the California Alliance of Arts
Education, Orange County Department of Education and the Orange County
Performing Arts Center. The Parks, Recreation and Community Services
Department recommended Council consideration of said request.
On motion by Councilman Bay, seconded by Councilwoman Kaywood, 32,000 for the
Second Annual Imagination Celebration was authorized, to be paid from the City
Council Contingency Account. MOTION CARRIED.
179: PUBLIC HEARING - VARIANCE NO. 3597 AND NEGATIVE DECLARATION:
APPLICANT:
Hugo A. Vazquez and Tak Watanabe
2240 West Lincoln Avenue
Anaheim, Ca. 92801
REQUEST/ZONING/LOCATION: To construct a 3-story, 4-unit apartment building on
RM-1200 zoned property located at 202 South Olive Street with the following
Code waivers: (a) Maximum structural height (deleted), (b) maximum site
coverage, (c) minimum recreational-leisure areas (denied), (d) minimum area of
private recreational-leisure areas (deleted), (e) minimum width of pedestrian
accessways.
PLANNING COMMISSION ACTION: Resolution No. PC87-10 granted Variance No. 3597,
in part, waiver (c) being denied, and waivers (a) and (d) deleted by revision
to plans, and approved an EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of February 10, 1987 and continued to this date from
the meeting of March 17, 1987.
PUBLIC NOTICEREQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 5, 1987.
Posting of property March 5, 1987.
Mailing to property owners within 300 feet - March 6, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 19, 1987.
APPLICANT'S
STATEMENT:
Hugo Vazquez, 619 South Live Oak Drive, Anaheim 92807.
Indicated he has met with both the neighbors in the proposed
project area, as well as the Community Redevelopment Commission
to review and react to their concerns. As a result of these
meetings, the number of units proposed was reduced from five to
four, and the size of the one larger unit has been reduced.
233
City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24~ 1987~ 1:30 P.M.
They are now able to build this project with 4 units to meet
code without any variance, but those remaining variances are
necessary in order to provide the architectural amenities
desired to make this project fit into the neighborhood. The
larger unit has been scaled down to 1250 square feet and 2
bedrooms, 2 baths, thus the 8 tandem parking spaces are
sufficient to meet code.
Annika Santalahti, Zoning Administrator.
Confirmed that from the original square footage proposed, it
would appear to her to be possible that the redesign would bring
the project within code. The revised plans had been submitted
to the Planning Department but there was not sufficient time to
complete the plan check.
PUBLIC DISCUSSION:
IN FAVOR: No one appeared to speak in favor of the project.
OPPOSED:
Donna Berry, 511 East Broadway.
Noted she is speaking as the Chairman of the Project Area
Committee. This property is located in Neighborhood
Preservation Area 4, and the neighborhood is designated as a
historical district. She noted that the PAC committee met with
Mr. Vazquez to discuss their objections, and a number of
recommendations were drawn up most of which addressed the
aesthetic aspect of the project. The committee did compromise
on some points, but the PAC still shares the reservations of the
Redevelopment Commission on the size of the larger unit. The
present plans are acceptable to them on the grounds of
aesthetics. They continue to be concerned relative to the
possibility that the larger 3-bedroom unit could be converted by
subsequent owners to 2 units, and impact the neighborhood with
density. However the committee feels this type of project
defies the purpose of variances, and should be required to be
built within code.
EXHIBITS M~TEEIALS SUBMITTED:
Letter dated February 4, 1987, from William Ranney, Chairman,
Community Redevelopment Commission, addressing the concerns of
the Commission. (Mr. Ranney read this letter at the Council
meeting of March 17, 1987, prior to the continuance of this
item.)
SPECIAL CONCERNS OF CITY COUNCILMEMBERS:
Councilwoman Kaywood voiced the opinion that even with reduction
to 4 units, the tandem parking situation indicates that the
project is overbuilding a small site.
FINAL SUMMATION BY APPLICANT: Mr. Vazquez
If approved with the current revised plans, the only variance
required by this project is minimum width of pedestrian
234
City Hall~ Anaheim~ Califorp~- - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
accessways (item e). The width he could provide of these
accessways is 5 feet. He assured Councilwoman Kaywood that both
c and d, minimal recreational-leisure areas and private
recreational leisure areas would be provided.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN:
Condition No. 12 was revised to reflect a minimum requirement of
5 foot width for pedestrian accessways, that the 3 bedroom unit
be reduced in size to a 2-bedroom unit no larger than 1,225
square feet; and maximum lot coverage to be fifty-five percent.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT KEPORT- NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Bay, 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.
Councilman Pickler offered Resolution No. 87R-99 for adoption, approving
Variance No. 3597, subject to all City Planning Commission conditions, with
amendment to Condition No. 12. Refer to Resolution Book.
RESOLUTION NO. 87R-99: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VAKIANCE NO. 3597.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution No. 87E-99 duly passed and adopted.
107/142/000: PUBLIC HEARING - 1985 EDITION OF UNIFORM BUILDING CODE: To
consider adoption of the 1987 Edition of the International Conference of
Building Officials' Uniform Building Code, with amendments thereto, and add a
new Chapter 15.04 to Title 15 of the Anaheim Municipal Code.
BUILDING DIVISION INPUT:
See Staff Report dated February 17, 1987.
PUBLIC DISCUSSION:
No one was present to speak to the proposed adoption of the 1985
Edition of the Uniform Building Code.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
235
i46
City Hall~ Anaheim, California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
Councilwoman Kaywood offered Resolution No. 87R-100 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 87R-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM
BUILDING CODE, 1985 EDITION.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No.
87R-100 duly passed and adopted.
Councilwoman Kaywood offered Ordinance No. 4805 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4805: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPF~ING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
UNIFORM BUILDING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15.OF THE
ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.04.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Ordinance No. 4805 duly passed and adopted.
Councilwoman Kaywood offered Resolution No. 87R-101 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 87R-101: A ILESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW FEE SCHEDULE OF THE UNIFORM BUILDING CODE.
Roll Call Vote:
AYES: COUNCLLMEMBERS: Pickler,
NOES: COUNCIL MEMBEAiS: None
ABSENT: COUNCIL MEMBERS: None
VACA/ACY: COUNCIL MEMBERS: One
Hunter, Kaywood and Bay
The Mayor declared Resolution No. 87R-101 duly passed and adopted.
107/142/000: PUBLIC HEARING - 1985 EDITION OF UNIFORM PLUMBING CODE:
To
consider adoption of the 1985 Edition of the International Association of
Plumbing and Mechanical Officials' Uniform Plumbing Code, 1985 Edition,
236
143'
City Hall~ Anmhefm~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
Appendices A, B, C, D, E, H and I included, with amendments thereto, and
amending Title 15 of the Anaheim Municipal Code by adding thereto a new
Chapter 15.20.
BUILDING DIVISION INPUT:
See Staff Report dated February 17, 1987.
PUBLIC DISCUSSION:
No one was present to speak to the proposed adoption of the 1985
Edition of the Uniform Plumbing Code.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood offered Resolution No. 87R-102 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 87R-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM
PLUMBING CODE, 1985 EDITION.
Roll Call Vote:
AYES:
NOES:
ABSENT:
VACANCY:
COUNCIL MEMBERS: Pickler,
COUNCIL MF~MBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
Hunter, Kaywood and Bay
The Mayor declared Resolution No. 87R-102 duly passed and adopted.
Councilwoman Kaywood offered Ordinance No. 4806 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4806: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.20 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS' UNIFORM
PLUMBING CODE, 1985 EDITION, APPENDICES A, B, C, D, E, H AND I INCLUDED, WITH
AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY
ADDING THERETO A NEW CHAPTER 15.20.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Pickler, ,Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The hayor declared Ordinance No. 4806 duly passed and adopted.
107/142: PUBLIC HFAtLING - 1985 EDITION OF UNIFORM MECHANICAL CODE: To
consider adoption of the 1985 Edition of the International Conference of
Building Officials, Uniform Mechanical Code, with amendments thereto, and
amending Title 15 of the Anaheim Municipal Code by adding a new Chapter 15.50.
237
City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
BUILDING DIVISION INPUT:
See Staff Report dated February 17, 1987.
PUBLIC DISCUSSION:
No one was present to speak to the proposed adoption of the 1985
Edition of the Uniform Mechanical Code.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood offered Resolution No. 87R-103 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 87R-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM
MECHANICAL CODE, 1985 EDITION.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Pickler, Hunter,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
Kaywood and Bay
The Mayor declared Resolution No. 87R-103 duly passed and adopted.
Councilwoman Kaywood offered Ordinance No. 4807 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4807: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.24 AND 15.50 OF TITLE 15 OF THE ANAHEIMMUNICIPAL CODE
AND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS' UNIFORM MECHANICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING
TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.50.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Pickler,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCILMEMBERS: One
Hunter, Kaywood and Bay
The Mayor declared Ordinance No. 4807 duly passed and adopted.
107/142: PUBLIC HEARING - 1985 EDITION OF UNIFORM SOLAR ENERGY CODE: To
consider adoption of the 1985 Edition of the International Association of
Plumbing and Mechanical Officials, 1985 Edition of Uniform Solar Energy Code,
with certain amendments thereto, and adding new Chapter 15.55 to Title 15 of
the Anaheim Municipal Code.
BUILDING DIVISION INPUT:
See Staff Report dated February 17, 1987.
238
.1.4 I_
City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24~ 1987~ 1:30 P.M.
PUBLIC DISCUSSION:
No one was present to speak to the proposed adoption of the 1985
Edition of the Uniform Solar Energy Code.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood offered Ordinance No. 4808 for adoption. Refer to
Ordinance Book.
ORDII~ANCE NO. 4808: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.55 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE ANDADOPTING
BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, EDITION 1985, OF THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN AMENDMENTS
THERETO, AND ADDING NEW CHAPTER 15.55 TO TITLE 15 OF THE ANAHEIM MUNICIPAL
CODE.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Ordinance No. 4808 duly passed and adopted.
107/142: PUBLIC HEARING - 1985 EDITION OF UNIFORM SWIMMING POOLp SPA AND HOT
TUB CODE: To consider adoption of the 1985 Edition of the International
Association of Plumbing and Mechanical Officials, 1985 Edition of Uniform
Swimming Pool, Spa and Hot Tub Code, with amendments thereto, and adding new
Chapter 15.30 to Title 15 of the Anaheim Municipal Code.
BUILDING DIVISION INPUT:
See Staff Report dated February 17, 1987.
PUBLIC DISCUSSION:
No one was present to speak to the proposed adoption of the 1985
Edition of the Uniform Swimming Pool, Spa and Hot Tub Code.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood offered Ordinance No. 4809 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4809: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADOPTING BY REFERENCE A SWIMMING POOL, SPA AND HOT TUB CODE ENTITLED, "UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE, 1985 EDITION, OF THE INTERNATIONAL
ASSOCIATION OF PLUMBING ANDMECHANICAL OFFICIALS," WITH AMENDMENTS THERETO,
AND ADDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE.
239
t42
City Hall~ An-heim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
VACANCY:
COUNCIL MEMBERS: Pickler,
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
Hunter, Kaywood and Bay
The Mayor declared Ordinance No. 4809 duly passed and adopted·
107/142: PUBLIC HEARING - 1985 EDITION OF UNIFORM HOUSING CODE:
To consider
adoption of the 1985 Edition of the International Conference of Building
Officials' Uniform Housing Code, with amendments thereto, and adding~new
Chapter 15.36 to Title 15 of the Anaheim Municipal Code.
BUILDING DIVISION INPUT:
See Staff Report dated February 17, 1987.
PUBLIC DISCUSSION:
No one was present to speak to the proposed adoption of the 1985
Edition of the Uniform Housing Code.
COUNCIL ACTION:
Mayoz Bay closed the public hearing.
Councilwoman Kaywood offered Ordinance No. 4810 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4810: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHELM MUNICIPAL CODE AND ADOPTING
THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING
THERETO A NEW CHAPTER15.36.
Roll Call Vote:
AYES '
NOES:
ABSENT:
VACANCY:
COUNCIL MEMBERS: Pickler,
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
Hunter, Kaywood and Bay
The Mayor declared Ordinance No. 4810 duly passed and adopted.
107/142: PUBLIC HEARING - 1985 EDITION OF UNIFORM CODE FOR ABATEMENT OF
DANGEROUS BUILDINGS: To consider adoption of the Uniform Code for the
Abatement of Dangerous Buildings, 1985 Edition, as promulgated by the
International Conference of Building Officials, with certain amendments
thereto, and adding new Chapter 15.06 to Title 15, of the Anaheim Municipal
Code.
BULLRING DIVISION INPUT:
See Staff Report dated February 17, 1987.
240
City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
PUBLIC DISCUSSION:
No one was present to speak to the proposed adoption of the 1985
Edition of the Uniform Code for Abatement of Dangerous Buildings.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood offered Ordinance No.
Ordinance Book.
4811 for adoption.
Refer to
ORDINANCE NO. 4811: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.06 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985
EDITION AS PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING A NEW CHAPTER 15.06
THERETO.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Ordinance No. 4811 duly passed and adopted.
RECESS: By general consent the City Council recessed for 5 minutes.
(4:35 p.m.)
AFTER RECESS: Mayor Bay called the meeting to order, all members being
present. (4:40 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2884 AND NEGATIVE
DECLARATION:
APPLICANT:
Luther Alkhaseh, Ibis Anaheim,
242 West Main Street, Suite 104
Tustin, Ca. 92680
ZONING/LOCATION/REQUEST: C-R zoned property located at the southeast corner
of Freedman Way and Clementine Street; to permit a 200-unit residence hotel
with all units containing kitchen facilities.
PLANNING COMMISSION ACTION: City Planning Commission Resolution No. PC87-34
granted CUP 2884, approved an EIR - Negative Declaration.
HEARING SET ON:
Request by Councilwoman Kaywood at meeting of February 24, 1987.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 13, 1987
Posting of property March 13, 1987
Mailing to property owners within 300 feet - March 12, 1987
241
140
City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 2, 1987.
APPLICANT'S
STATEMENT:
Robert Mickelson, 328 North Glassell Street, Orange Ca. Agent
for Alvand Land Development Company.
Stated he had submitted additional materials and was available
to respond to any questions. He did note that the franchise is
for 160 units to be expanded to 200 eventually and if a parking
problem did materialize, the City had the option of denying the
additional units.
PUBLIC DISCUSSION:
There were no persons appearing either in favor or opposed to
the project.
EXHIBITS, MATERIALS SUBMITTED:
None.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilwoman Kaywood.
Indicated her original concern was over the number of units with
kitchen facilities, and the possibility that these may become
substandard apartments. She reported she had traveled to Costa
Mesa to look at another project of this same franchise, and
found the development to be very attractive.
In response to Council concerns Mr. Mickelson advised his
clients would be willing to accept deed restrictions on their
property limiting the use to the entitlement set forth in the
Conditional Use Permit, and further that such restrictions not
be removed without mutual consent of the City and landowner.
Mayor Bay's concern was that the City have some control to limit
the number of repeatable rental agreements so these would not
exceed 30 days.
Mr. William Swank, President of Alvand Land Development Company.
Assured the City Council that this project could meet all tests
which would indicate it is a hotel operation. He noted that his
company purchased the franchise rights for the City of Anaheim
for this particular operation. The major clients of this chain
are Fortune 500 companies or engineers, auditors on site for
more than 30 days. He noted that this is a national chain;
there is a reservations system; there is a national and
international marketing effort to promote these units, which are
very attractive to the business community.
Their experience indicates that no more than 15% of the units
would ever be occupied for more than 30 days. He could accept a
restriction indicating that no more than 15% of the units would
be used in excess of a 30 consecutive day period by one occupant.
242
3?
City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
CHANGES TO PROPOSALAS A RESULT OF DISCUSSION/COUNCIL CONCERN:
A new condition No. 16 was added to reflect that prior to
issuance of a building permit, the property owner/developer
shall record a covenant to: limit use of the property to
transient occupancy; stipulate that the use shall not be
converted to apartments; restrict the term of rental agreements
to periods of time not exceeding seven successive days; limit
consecutive rental agreements for each of one hundred and
seventy of the units to no more than thirty successive days
total for any given occupant; and make the City of Anaheim a
party to the covenant.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, 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. One Vacancy. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 87R-104, granting Conditional Use
Permit No. 2884 subject to all City Planning Commission conditions, plus
revised Condition No. 16. Refer to Resolution Book.
RESOLUTION NO. 87R-104: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2884.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution No. 87K-104 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2838--REVIEWAND NEGATIVE
DECLARATION:
APPLICANT:
Ellwood F. Johnson, et al (Games Plus)
1848 W. Almond Avenue
Orange, Ca. 92668
ZONING/LOCATION/REQUEST: CL zoned property, located at 3242 West Lincoln
Avenue/to retain on-sale beer in a billiard parlor and amusement arcade.
PLANNING COMMISSION ACTION: Denied previously by the City Planning
Commission, (PC86-230), granted by the City Council at their meeting of
September 23, 1986 for a period of 6 months (86R-424).
243
'8
1:'3:
City ftall~ Aaaheim~ Califorala - COUNCIL MIfFS?ES - March 24~ 1987~ ,1:30 P.M.
HEARING SET ON:
Required to exend the Conditional Use Permit beyond the 6 month's last granted
by the City Council.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 13, 1987
Posting of property March 13, 1987
Mailing to property owners within 300 feet -March 12, 1987
PLANNING STAFF INPUT:
See Staff Report dated March 13, 1987.
Prior to hearing from the Applicant, the City Attorney reminded Council
Members that the purpose of this hearing is to review this Conditional Use
after a 6-month period and to determine whether or not to extend it beyond
this date. A staff report has been prepared and submitted to ~ouncil and it
would perhaps be most appropriate to hear from the staff first and allow the
Applicant an opportunity to respond. Mr. White cited the findings required
under Municipal Code Section 18.03.093.041 for extension of an existing
conditional use permit.
Mayor Bay ascertained that the Applicant had not previously received copies of
the Staff Report from Code Enforcement and Community Development dated March
13, 1987; Memorandum dated December 17, 1986 from Lt. Flanagan, Anaheim Police
Department; and Memorandum dated December 5, 1986 from SEt. Steven Rodig to
Lt. Flanagan. Copies were delivered to Mr. Clayton Peters, Agent for the
Applicant, at this time.
STAFF INPUT:
Mr. John Poole, Code Enforcement Supervisor.
He reported that since the City Council action in September,
both the Police Department and Code Enforcement have received
numerous complaints from citizens and businesses adjacent to
this location, as well as residents from the nearby area.
(Westmont Apartments). These complaints include instances of
loitering, loud noise, throwing trash, narcotics activities and
minors in possession of alcoholic beverages. Since September 5,
1986 there were 26 contacts, most have resulted in arrest or
citation. He elaborated on the specific incidents and
complaints as set forth in memorandum dated March 13, 1987.
Mr. Poole also reviewed the results of a survey of the
neighborhood conducted on January 12, 1987, which are reported
in the March 13, 1987 memorandum.
Sgt. Steven Rodig, Vice Bureau, Anaheim Police Department.
He advised that between September 5 and November 9, 1986, he had
documented 26 instances of criminal activity either in or around
Games Plus. The types of activities ranged from sales of
narcotics to possession of various types of controlled
substances, 14 outside Games Plus and 12 inside. As a result
the VNOC initiated a narcotics "Buy" program which resulted in
14 hand-to-hand sales of various types of substances, 9 inside
244
City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
the facility. An employee of Games Plus also directed Police
investigators as to where they might purchase narcotics. A
citation for sale of beer to a 19-year-old was issued to a Games
Plus employee.
APPLICANT'S
STATEMENT:
Mr. Clayton Peters, 3242 West Lincoln, Anaheim 92801.
Stated that he has been one of the biggest complainers to the
Anaheim Police Department relative to the criminal activities
described, that he and his wife have cooperated in every way
with the Police Department. He has asked to have undercover
investigators at this location. He advised that the one
citation for sale of alcohol to a minor occurred while they were
very busy and he looked older. He indicated that he did not
know how the other charges cited relate to Games Plus. There
are other businesses in this center particularly a night club
and a bar.
Pauline Peters.
Stated that she and her husband have had this business for 4-1/2
years; that they tried to sell the business in the summer and
the police reports and complaints stem from the other
management. They have since returned his money and are now
operating the business again. She noted that they have been
more than cooperative with the Police and did in fact request
undercover officers.
She explained that this business is their only livelihood and
without the ability to sell beer they might as sell close the
doors. They have a 10 year lease on the building. She did not
feel this business is detrimental to the people or the City, in
fact she noted theirs is the only business at this center which
washes windows and sidewalks. The complaints of noise from the
apartments she thinks is due to the bar which is next door.
PUBLIC DISCUSSION:
IN OPPOSITION:
Sharon Jackson~ Manager~ Westchester Square Apartments.
These apartments are located directly behind the shopping
center. Shenoted that there have been specific incidents of
vandalism and breaking off of locks at the complex where she has
followed people directly back to Games Plus. She also related
seeing drug activities in the area. Letter, map and pictures
were submitted.
Ms. Jackson stated that the problems with vandalism and breaking
into apartments have increased steadily, in the month of
February they spent ~2,630 for broken glass in vacant apartments.
In response to Councilwoman Kaywood's question as to whether
these problems existed prior to September of 1986, Ms. Jackson
stated she was not present then but the owners of the complex
say they did not have a problem.
245
I36
City Hall, Anaheim, California - COUNCIL MINUTES - March 24~ 1987, 1:30 P.M.
C. F. Zibold, 145 South Westchester Drive, stated that he has
been to Games Plus and feels there are many minors who get
alcohol there from adult patrons of legal age and there is no
control over the amount of drinking going on.
Irene 01dham, lives in apartments right in the rear of Games
Plus.
She noted that they have not had similar problems as they do now
since the shopping center opened 11 years ago.
IN FAVOR:
George Katsampes, 2359 Purdue Drive, Costa Mesa.
He explained that he had originally built Games Plus and Mr.
Peters was the electrician. He has been in this business for 25
years and still has an establishment identical to Games Plus in
Costa Mesa. He was of the opinion that the activities described
are not directly caused by Games Plus and noted that the
management of Games Plus was urged to call Police to help clear
up the problem, which they did as they don't want to conduct the
business in this atmosphere either. He thought the problem had
improved 80% and still needed more time to be cleared up. He
advised that he visits the site frequently, and now sees almost
no loitering. The bar next door to Games Plus has a long
history of problems and there are problems in the area, but he
did not think they could be attributed all to this operation.
EXHIBITS MATERIALS SUBMITTED:
Letter dated 10-30-86, map and photographs submitted by Sharon
Jackson, 145 South Westchester Drive.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS:
Councilman Pickler noted that this is the only location to have
this particular combination of use in Anaheim, i.e., pool tables
together with amusement devices. In his opinion it is the
combination, which attracts minors, and the sales of beer as
well, that creates the problem.
FINAL SUMMATION BY APPLICANT:
Mr. Peters reiterated that he did not know why the City is
trying to blame Games Plus for all of the problem when there are
other businesses in the center. He has personally given the
Police all the information he can on illegal activities and
cooperated with them. In his opinion it is now 1001 better than
it was 6 months ago. It is impossible for them to operate this
business without the beer sales.
Mrs. Peters also stated that they need their beer license in
order to operate the business. She described that either she or
her husband or both, were usually at their place of business
until 3:30 and 4:00 a.m., seven nights per week.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN:
None.
246
_133
City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24~ 1987~ 1:30 P.M.
COUNCIL ACTION:
Mayoz Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Bay,
seconded by Councilwoman Kaywood, 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. One Vacancy. MOTION CARRIED.
Councilman Hunter offered Resolution No. 87R-105 for adoption, denying the
extension of Conditional Use Permit No. 2838, based on the findin~ that the
use for which the approval was granted has been exercised so as to be
detrimental to the public health and safety so as to create a nuisance. Refer
to Resolution Book.
RESOLUTION NO. 87R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2838.
Roll Call Vote:
AYES:
NOES:
ABSENT:
VACANCY:
COUNCIL MEMBFAS: Pickler,
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
Hunter, Kaywood and Bay
The Mayor declared Resolution No. 87R-105 duly passed and adopted.
170: FINAL MAP--TRACT NO. 9601:
DEVELOPER: Camino Real Savings Bank of San Fernando
TRACT LOCATION: North of Canyon Rim Road and east of Fairmont Boulevard, in
Anaheim Hills.
PROPOSED SUBDIVISION: 9-lot, RS-HS-22,000(SC).
STAFF INPUT: Report dated March 13, 1987 was submitted by the City Engineer,
recommending approval of the Final Map.
MOTION: On motion by Councilman Bay, seconded by Councilman Pickler, the
proposed subdivision, together with its design and improvement, was found to
be consistent with the City's General Plan, and the City Council approved
Final Map Tract No. 9601, as recommended by the City Engineer. One Vacancy.
MOTION CARRIED.
108/142: ORDINANCE NO. 4814: Councilwoman Kaywood offered Ordinance No. 4814
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4814: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
3.04.230 OF CHAPTER 3.04 OF TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
BUSINESS LICENSES.
247
134
City Hall, Anaheim~ California - COUNCIL MINUTES - March 24~ 1987, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
VACANCY: COUNCIL MF21BERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Ordinance No. 4814 duly passed and adopted.
108/000/117: RESOLUTION NO. 87R-106: Councilwoman Kaywood offered Resolution
No. 87R-10§ for adoption. Refer to Resolution Book.
RESOLUTION NO. 87R-106: A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF
ANAHEIM ADOPTING A FEE FOR RETURNED CHECKS TENDERED IN PAYMENT FOR BUSINESS
LICENSES.
Roll Call Vote:
AYES: COUNCLLMEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution No. 87R-106 duly passed and adopted.
179: ORDINANCE NO. 4815: Councilman Hunter offered Ordinance No. 4815 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4815: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODER ELATING TO ZONING.
(Amending Title 18, Reclass. 86-87-3, RM-1200, 2900-2920 East Lincoln Avenue)
Roll Call Vote:
AYES: COUNCILHEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Ordinance No. 4815 duly passed and adopted.
103: LOCAL AGENCY FORMATION COMMISSION VACANCY: Councilman Pickler reported
that an opening on the Local Agency Formation Commission (LAFCO) was coming
before the Orange County League of California Cities Selection Commission on
April 16, 1987. He recommended that one of the Anaheim City Council Members
apply for this very influential position.
107: BUILDING PERMITS: In response to inquiry from Councilman Pickler
concerning issuance of building permits prior to finalization of the necessary
ordinance changing the zone on property involved, City Attorney Jack White
reported that in the past, developers have requested, and been granted,
building permits during the period referendum for the ordinance subject to the
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City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M.
execution of an agreement holding the City harmless. In the event that action
was subsequently taken against the change of zone, the property would revert
to its former status. This procedure would be valid; but according to the
Anaheim Municipal Zoning Code, any permits granted pending finalization of an
ordinance to change the zone would be void, and the only way to change that
would be to amend the Anaheim Municipal Code.
The City Attorney was thereupon requested to prepare an urgency ordinance
amending Title 18 of the Anaheim Municipal Code to allow the issuance of
building permits prior to the finalization of the ordinance, subject to the
execution of a hold harmless agreement by the developer.
ITEMS OF PUBLIC INTEREST:
No items of public interest were presented.
ADJOURNMENT: Councilman Bay moved to adjourn. Councilwoman Kaywood seconded
the motion. One Vacancy. MOTION CARRIED. (6:20 p.m.)
LEONORA N. SOHL, CITY CLERK
249