1987/11/0361
City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 11:30 a.m. on October 30, 1987 at the Civic Center kiosk, containing
all items as shown herein.
The Mayor called the meeting to order at 4:05 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; City of Anaheim vs.
Anaheim Hotel Partnership O.C.S.C.C. No. 46-96-59; City of Anaheim
vs. County of Orange, O.C.S.C.C. No. 50-96-78.
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).
e. To consider 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.
Councilman Bay moved to recess into Closed ~ession. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (4:05 p.m.)
AFTER RECESS: ~'~e Mayor called the meeting to order, all Council Members
being present. (5:03 p.m.)
RECESS - DINNER BREAK: Councilman Bay moved to recess for a dinner break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (5:03 p.m.)
AFTER RECESS: The Mayor reconvened the meeting and welcomed all those in
attendance, all Council Members being present. (6:41 p.m.)
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City Hall~ Anmheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
INVOCATION: Reverend Phil Aguilar, Set Free Christian Fellowship, gave the
Invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
United Way Month in Anaheim, November 1987,
Public Broadcasting Day in Anaheim, November 7, 1987,
Adult Student Reentry Week, November 7-14, 1987,
Orange County Special Olympics Opening Ceremony, November 6, 1987,
Hazardous Materials Week in Anaheim, the week of November 7-14, 1987,
Ebell Club Federation Day in Anaheim, November 17, 1987.
Madeline Evans accepted the Special Olympics Proclamation.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held August 11, 1987. Councilman Bay seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,997,041.74, in
accordance with the 1987-88 Budget, were approved.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following
resolutions were read by the City Manager.
Councilman Bay moved to waive the reading in full of all ordinances and
resolutions on the Consent Calendar, after reading of the title thereof, 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 ordinances or resolutions in regular order. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Ehrle, 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-450 through 87R-457, 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:
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City Hall~ Anahe~n; California - COUNCIL MINUTES - November 3; 1987; 6:35 p.M.
a. Claim submitted by Scott & Janis Guthrie for bodily injury sustained
purpcrtedly due to actions of the City on or about July 8, 1987.
b. Claim submitted by Michael Burley and Theresa Jean Marts Burley for
bodily injury sustained purportedly due to actions of the City on or about
June 17, 1987.
c. Claim submitted by James England for property damage sustained
purportedly due to actions of the City on or about August 24, 1987.
d. Claim submitted by Frances Braga for property damage sustained
purportedly due to actions of the City on or about August 28, 1987.
e. Claim submitted by Milton Pentecost for property damage sustained
purportedly due to actions of the City on or about August 12, 1987.
f. Claim submitted by Allen Trefger for property damage sustained
purportedly due to actions of the City on or about August 19, 1987.
g. Claim submitted by Robert Frohn for property damage sustained
purportedly due to actions of the City on or about July 1, 1987.
h. Claim submitted by William Van Sonfor property damage sustained
purportedly due to actions of the City on or about September 12, 1987.
i. Claim submitted by Molly Siton for bodily injury sustained purportedly
due to actions of the City on or about July 18, 1987.
Claim filed against the City - Recommended to be accepted:
J. Claim submitted by Anaheim Royal Company Mobile Home Park for property
damage sustained purportedly due to actions of the City on or about August 26,
1987.
2. Receiving and filing the following correspondence:
a. 105: Parks, Recreation and Community Services Department, Minutes of
August 26, 1987.
b. 175: Before the Public Utilities Commission, Southern California Gas
Company Notice to Customers of Filing of Application No. 87-10-021.
c. 144: Taxpayers for a Centralized Jail dated October 28, 1987, Notice
of Intention to Circulate Petition, Initiative to Site Orange County Jails.
3. 155: Approving the Negative Declaration for Placentia Avenue Storm Drain
Improvement, 805 feet east of State College Boulevard, Construction of a 51"
RCP storm drain and appurtenant structures.
4. 170/123: Approving the assignment of a special water facilities
reimbursement agreement with Municicorp of California to Dr. Carol Bogue,
relating to Tract No. 8465 in the Anaheim Hills area.
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Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
5. 160: Accepting the low bid of Neff Contracting Corporation in an amount
not to exceed ~52,973.80 for residential sidewalk replacement, in accordance
with Bid No. 4503.
6. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of ~69,451.20 for 3,000
each, 70 watt; 1,500 each, 100 watt; 2,000 each, 200 watt; and 550 each, 250
watt high pressure sodium lamps, in accordance with Bid No. A-4487.
7. 150: Authorizing Change Order No. 1 for additional expenses in connection
with the Pearson Park Picnic Shelters, Acct. Nos. 25-820-7107 and 16-820-7107,
in the amount of ~8,665.83, Department of Interior Construction Company,
contractor.
8. 150: RESOLUTION NO. 87R-450: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Imperial Park
General Development, Account No. 16-843-7103; and opening of bids on
December 17, 1987, 2:00 p.m.)
9. 164: RESOLUTION NO. 87R-451: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Placentia Avenue
Storm Drain, 805 feet east of State College Boulevard, to State College
Boulevard, Account No. 43-791-6325-E1600; and opening of bids on December 3,
1987, 2:00 p.m.)
10. 175: RESOLUTION NO. 87R-452: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Construction of
Three Valve Service, Vault Modifications City-wide, Account No.
52-606-6329-08457; and opening of bids on December 3, 1987, 2:00 p.m.)
11. 164: RESOLUTION NO. 87R-453: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONT,,ACT FOR CERTAIN PUBLIC WORK. (VICCO
CONSTRUCTION, INCORPORATED) (in the amount of 3144,530, for Vine Street Storm
Drain, Sycamore Street to Cypress Street, Account No. 25-791-6325-E1550)
12. 169: RESOLUTION NO. 87R-454: A ~ESOLUTION OF THE CITY COUNCIL OF THE
CITY 0FANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (B-1 ENTERPRISE
CORPORATION) (in the amount of $29,098.20, for Barrier Free Anaheim No. 12,
Account No. 17-793-6325-E3220)
13. 123: RESOLUTION NO. 87R-455: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE TERMS OF AN AGREEMENT TO PURCHA3E TAX DEFAULTED
PROPERTY. (Authorizing an agreement with the County of Orange, at a cost of
$10, for the purchase of tax defaulted property located within the southerly
half of Cerritos Avenue between Ninth Street and approximately 635 feet west
of Bayless Street, Assessor's Parcel No. 129-354-01 - Tax Collector's Sale No.
1305)
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
14. 176: RESOLUTION NO. 87~-456: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLAR/NG ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (87-13A) (Declaring intent to abandon an
existin~ fire access easement on the south side of Nohl Ranch Road, West of
Anaheim Hills Koad, Abandonment No. 87-13A, and setting a date for the public
hearing - suggested date: December 1, 1987, 8:00 p.m.)
15. 158: RESOLUTION NO. 87R-457: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL P~OPE~TIES OR INTERESTS THEREIN.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 87R-450 through 87R-457, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
123: AGREEMENT WITH BIRD, MARELLA, BOXER~ WOLPERTAND MATZ: Councilman Bay
moved to authorize a letter agreement with the law firm of Bird, Marella,
Boxer, Wolpert and Matz, to act as legal counsel for Anaheim and the City of
ILtverside in litigation in connection with Southern California Edison Company,
as recommended in memorandum dated October 23, 1987 from the City Attorney.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
105: YOUTH COMMISSION TERMINATIONS AND APPOINTMENTS: City Clerk Leonora Sohl
announced actions that were necessary to be taken relative to the subject to
correct motions the Council acted on last week. (See memo dated October 29,
1987 from the City Clerk).
Councilwoman Kaywood moved to (1) terminate the terms of Leslie Friedland as
Youth Commissioner and Kirk Hoiberg as third alternate Youth Commissioner, (2)
rescind the action of October 27, 1987 relative to appointments to Youth
Commission, (3) appoint the current 1st and 2ndAlternates (Marlene Bond and
Kurt Tiedtke) to the terms vacated by Bee and Procopio. Councilman Hunter
seconded the motion. MOTION CARRIED.
Councilwoman Kaywood moved to reaffirm prior appointments to 1st and 2nd
Alternate (Boyts and Campellone) and designating a 3rd Alternate to the Youth
Commission from the current list of candidates Jason Ross Orris. Councilman
Pickler seconded the motion. MOTION CARRIED.
179: REQUEST FOR REHEARING - RECLASSIFICATION NO. 87-88-10, VARIANCE NO.
3691: Request by Kafat Saman, for Konald Boswell, for rehearing of
Reclassification 87-88-10 and Variance No. 3691, for a change in zone from
RS-A-43,000 to BM-1200 to construct a 34-unit "affordable" apartment complex
on property located at 2011 and 2017 West Ball Road, with various Code
waivers. Request for rehearing and declaration of merit was submitted by Mr.
Saman received October 26, 1987.
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Cit7 ~a!!~ An-heim~ California - COUNCIL'MINUTES - November 3~ 1987~, 6:35 P.M.
MOTION: Councilman Hunter moved to deny the request for rehearing on the
subject Reclassification and Variance, both denied at the Council meeting
public hearing of October 20, 1987. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 2888 (LDS CHURCH):
City Clerk Sohl announced that the attorney, on behalf of the LDS Church
Organization, has requested a continuance of the request for rehearing for one
week which the Anaheim Hills Citizens' Coalition has agreed to. (See letter
dated October 30, 1987 from Floyd Farano, attorney for LDS Church and letter
dated October 20, 1987 from Robert Zemel, Chairperson, Anaheim Hills Citizens'
Coalition.
MOTION: Councilman Pickler moved to approve a one-week continuance of the
request for a rehearing on Conditional Use Permit No. 2888. Councilman Ehrle
seconded the motion. Councilman Hunter abstained. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held October 12, 1987, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2948: Submitted by Turner Development
Corporation, to permit an automotive repair facility on KL zoned property
located at 4730 East Wesley Drive, with Code waiver of minimum number of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC87-212, granted
Conditional Use Permit No. 2948, and granted a negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2949: Submitted by ManaJem Hakimijoo, et al,
to permit on-sale beer and wine in a proposed restaurant on CL zoned property
located at 2940 West Lincoln Avenue, Suite I.
The City Planning Commission, pursuant to Resolution No. PC87-213, granted
Conditional Use Permit No. 2949, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2950: Submitted by Pomona First Federal
Savings & Loan, to permit a drive-through restaurant on CL zoned property
located at 1177 South State Collega Boulevard, with the following Code
waivers: (a) minimum number of parking spaces, (b) required screening of
parking area.
The City Planning Commission, pursuant to Resolution No. PC87-214, granted
Conditional Use Permit No. 2940, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 1890--EXTENSION OF TIME: Submitted by Frank
Kxogman, requesting a 2-year extension of time or deletion of Condition No. 1
of Resolution No. PC78-227 pertaining to required extension of time to retain
on-sale beer and wine in an existing restaurant on CL zoned property located
at 2610 West La Palma Avenue.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
The City Planning Commission, pursuant to Resolution No. PC87-215, granted an
extension of time to Conditional Use Permit No. 1890 to expire September 15,
1989, and ratified the Planning Director's categorical exemption
determination, (Class 1).
5. REVISED ZONING PROCEDURES: Submitted by staff requesting a directive to
implement appropriate revisions to application procedures for
Reclassifications, Conditional Use Permits and Variances.
The City Planning Commission directed implementation to revised zoning
procedures.
6. ANALYSIS OF SCENIC CORRIDOR FENCE REGULATIONS: Submitted by staff
requesting Planning Commission to initiate a study to examine Scenic Corridor
fencing regulations to enhance viewshed protection.
The City Planning Commission directed initiation of a study to analyze scenic
corridor fence regulations
6. YARIANCE NO. 3706: Submitted by Peralta Ltd., to construct a 6-foot high
solid block wall with 7 foot, 3-1/2 inch high pilaster on approximately 40
acres on the north side of Nohl Ranch Road, approximately 300 feet northeast
of the centerline of Old Bucket Lane, with Code waiver of maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC87-209, denied
Variance 3706, and granted a negative declaration status.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing would be scheduled at a later date.
7. RECLASSIFICATION NO. 87-88-07, VARIANCE NO. 3685 AND WAIVER OF COUNCIL
POLICY NO. 542: Submitted by Robert D. Schafer, a change in zone from RS-5000
(Portion A) and RS-A-43,000 (Portion B) to EM-3000, to construct a 15-unit
condominium complex, on property located at 1500 West Broadway, with the
following Code waivers: (a) minimum number of parking spaces (deleted), (b)
minimum structural setback adjacent to arterial highway, (c) minimum
structural and parking setback adjacent to local street, (d) minimum
structural setback, (e) minimum structural and parking setback adjacent to
single-family residential zone, (~) minimum recreational-leisure area.
The City Planning Commission, pursuant to Resolution No. PC87-210 and 211
granted in part, (change in zone to RS-5000 for Portion B only) and denied
Reclassification No. 87-88-07, Variance No. 3685 and Waiver of Council Policy
No. 542, and granted a negative declaration status.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing would be scheduled at a later date.
End of Planning Commission Informational Items.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS:
resolutions were read by the City Manager.
1021
The titles of the following
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3t 1987t 6:35 P.M.
Councilman Bay moved to waive the reading in full of all ordinances.
Councilman Hunter seconded the motion. MOTION CARRIED.
179: ORDINANCE NO. 4872: Councilman Pickler offered Ordinance No. 4872 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4872: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NO. 4819 NUNC PRO TUNC. (Relates to Reclass. 66-67-61 (108))
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance No. 4872 duly passed and adopted.
179: ORDINANCE NO. 4874: Councilman Bay offered Ordinance No. 4874 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4874: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RRI.%TING TO ZONING.
(Amending Title 18, Reclass. 77-78-64(9), RS-5000(SC), Tract No. 10982)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Nmyor declared Ordinance No. 4874 duly passed and adopted.
179: ORDINANCE NOS. 4876 AND 4877: Councilman Pickler offered Ordinance Nos.
4876 and 4877 for first reading.
ORDINANCE NO. 4876: AN OP. DINANCE OF THE CITY OF ANAHEIM AiW_ENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RRIATING TO ZONING.
(Amending Title 18, Reclass. 67-68-68(7), ILM-1200, south side of La Palma
Avenue, east of East Street)
ORDINANCE NO. 4877: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REF~ TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RRI.%TING TO ZONING.
(Amending Title 18, Reclass 83-84-25, CO, 2203 East Lincoln Avenue)
185: ORDINANCE NO. 4875: Councilwoman Kaywood offered Ordinance No. 4875 for
first reading.
ORDINANCE NO. 4875: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANANEIM
(i) APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIM AND
HANOVER REAL ESTATE ASSOCIATES, (ii) FINDING THAT THE PROVISIONS OF SAID
DEVELOPMENT AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF
ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
108/142: ORDINANCE NO. 4873 - REIMBURSEMENT OF TRANSIENT OCCUPANCY TAX
REVENUES: Adding a new Section 2.12.120 to the Code, pertaining to
reimbursement of Transient Occupancy Tax Revenues.
Mayor Bay stated he was going to speak against the proposed ordinance. It
establishes a dangerous precedent to allow groups involved with the best
causes to take exception to the Transient Occupancy Tax (TOT). There are
various non-profit groups that come into the Convention Center every year and
those who use the Stadium for church purposes where requests have been
received to reduce or eliminate parking fees which the City has resisted for
many years. The City has been a direct facilitator in seeing that the group
working on the homeless situation has received $200,000 in one case and
another 540,000 added to that, or on its way coming from either federal or
state funds. He feels it is unnecessary to start establishing precedents on
the City's room tax that would amount to an estimated 35,000 to 57,500.
Councilman Ehrle. He asked where the ordinance states reimbursement of any
non-profit service organization if that could be construed to be any church
organization that would house the homeless.
City Attorney Jack White. The ordinance does not distinguish between the
types of service organizations but looks at the organizations which provide
housing for the homeless. He does not believe the City would constitutionally
be prohibited from reimbursing church organizations, provided it was done on
an even footing with any other organizations relating to the homeless. If a
church organization that provided as part of its housing some indoctrination
relating to its religious philosophy, there would be difficulty
constitutionally relative to the separation of church and state. As long as
the organization is on an even basis with any other organization providing
housing for the homeless, there would not be a problem.
Councilman Ehrle. He has a difficult time with reimbursement of these types
of funds Just as he does with many organizations requesting funds for various
purposes. The City is in the business of raising revenue for the City. That
revenue is essential to the ongoing business of the City. At this time, he
would have to oppose the proposed ordinance.
Councilman Pickler. He is speaking in favor of the ordinance. The homeless
problem is not going to go away by ignoring it. If they turn their backs on
these people or not assist in putting mothers with children in homes to be
taken care of they are doing a disservice to the community and those people
who are in need of help. The 35,000 to 57,500 is a pittance and will not
affect the budget one way or the other. It is necessary to take the lead.
They are only talking about a year and the Council can always change the
ordinance if they find it is being abused.
Councilwoman Kaywood. She is also speaking for the ordinance. The issue of
the homeless is distinct and the small amount that would be reimbursed at the
end of the year compared to the number of people who could be housed in hotels
and motels, the City could spend much more than that in additional police
costs removing those people from alleys, parks and public streets. This would
not, in any way, become a precedent.
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City Hall~ A~heiml California - COUNCIL MINUTES - November 3, 1987~ 6:35 P.M.
Councilman Hunter. He asked the City Attorney if the proposal is restricted
to the Anaheim Human Services Network or if the ordinance would require the
City to reimburse those agencies outside of the City.
City Attormey White answered that it was mot restricted. It would involve any
service organization housing the homeless in motels/hotels from which TOT is
collected in the City of Anaheim regardless of whether the organization is
based in Anaheim or whether the homeless live in Anaheim or any place else.
After additional discussion, Mr. White stated the Council has the option to
refer the matter back to staff in the departments involved for another look
and resubmit it to the Council.
Council Members Ehrle, Hunter and Bay gave additional input relative to their
concerns with the proposed ordinance.
MOTION: Councilman Hunter moved to continue consideration of the proposed
ordinance for two weeks during which time the City Attorney will redraft the
ordinance, with the ordinance subsequently to be resubmitted to the Council.
Councilman Ehrle seconded the motion. MOTION CAKKIED.
114: COMMENTS ON NIGHT MEETINGS: Councilman Hunter thanked those in the
audience for being present at the Council's first night meeting (every first
Tuesday of the month). He campaigned for night meetings in order to have more
input from the public and to allow more persons who work to think about
running for a City Council seat. Day meetings are very restrictive because it
limits the Council only to those who are self-employed or retired. He was
gratified to see a large number in the audience and some who were not
necessarily presemt because of the items on the agenda but in order to
participate in the governmental process. If they can speed up Council
meetings, he feels they can get through night meetings in an acceptable time.
He again thanked those present and his Council colleagues for agreeing to hold
night meetings on a trial basis.
107: MEETING OF MOBILE HOME PARK KESIDENTS AND OWNERS: Councilman Ehrle
reported that as a result of many meetings, this morning a meeting took place
with the mobile home park residents and owners getting the groups together for
the first time to a "bargaining table" or at least where they could look each
other in the eye and where both ~ides had an opportunity to express their
feelings. He them read a letter he sent to the mobile home park owners which
set the tome for the meeting that transpired this morning. The next meeting
is scheduled for December 2, 1987, where the two sides will continue to talk.
This will possibly avoid a petition initiative in the City and eliminate the
words "rent control". Instead it will be rent stabilization which is a rent
increase stabilized over a long period of time, known as a long term lease.
That is what the whole process of negotiations is about.
ITEMS OF PUBLIC INTEREST:
Doug K/ntz, 2012 Norma Lane. He thanked the Council for holding the first
night meeting and encouraged more such meetings. He also thanked the audience
for keing present. He then asked Council's consideration in extending the
three-minute limitation for the public to speak to five minutes or any time
the Council considers reasonable.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
Mayor Bay. The three minutes is bendable and the limitation was established
in order to get through the Council agenda in a reasonable and timely
fashion. It is up to the Council whatever time they wish to set. Anytime
they are not rushed there is no reason not to relax that time limitation.
City Attorney Jack White. By ordinance the Council did establish a
three-minute limitation on each speaker and a ten-minute limitation per
subject. The ordinance also provided that by a majority vote the Council
could extend either of those two limitations in the appropriate circumstances.
Jeff Kirsch, 2661 West Palais Road. He also thanked the Council for
experimenting with evening meetings. He then addressed the area of Code
Enforcement. He supports it for preserving the quality of neighborhoods in
Anaheim so that deterioration does not require larger scale efforts or more
drastic measures. As a result of a personal experience, he feels there is a
weakness in the Code Enforcement statutes that allow abuse in the area of
filing frivolous complaints. He received one of those and he found out that
the identity of the complainant is kept confidential by law. In talking to
Code Enforcement to find out that the complaint was baseless, he found that
Code Enforcement gets quite a number of such complaints and there is nothing
in the statutes to preclude them. There is no liability on the part of the
complainant. They can file as many as they wish on no grounds. He is
suggesting when Code Enforcement statutes come up for review that they include
some requirement for evidence in filing a complaint or penalty for filing
frivolous complaints which would free up Code Enforcement staff for the work
that they do.
City Attorney Jack White. Using the word complaint it is used in a layman's
sense rather than an attorney. A person complains to the City through the
Code Enforcement Officer that there is a problem and something needs to be
done. Staff looks into the complaint and determines whether a criminal
complaint needs to be filed in court. What Mr. Kirsch said with regard to
confidentiality is correct. That is the policy and there is good reason for
it. On the other hand, it would be his judgment that the Code Enforcement
Officers use their discretion when they receive complaints from citizens as to
investigation, ultimate follow up and disposition rather than to investigate
every single complaint.
RECESS: Coumcilman Bay moved to recess £or ten minutes to the start o[ the
public hearing portion of the meeting. Councilwoman Kaywood seconded the
motion. MOTION CARRIED. (7:50 p.m.)
AFTEEKECESS: The Mayor called the meeting to order, all Council Members
being present. (8:05 p.m.)
179: PUBLIC HEARING - RECLASSIFICATION NO. 87-88-13 AND CONDITIONAL USE
PERMIT NO. 2945:
APPLICANT: Richard Gardner, et al.
510 Bluemount Street
Laguna Beach, Ca. 92802
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City Hmll~ Anmheim~ California - COUNCIL MINUTES - November 3, 1987~ 6:35 P.M.
REQUEST/ZONING/LOCATION: For a change in zone from RS-A-43,000 to CL, to
permit a self-service car wash on property located at 1777 W. La Palm-Avenue,
with Code waiver of maximum width of vehicular accessway.
PLANNING COMMISSION ACTION: Resolution No. PC87-189 approved Reclassification
No. 87-88-13 and Resolution No. PC87-190 granted Conditional Use Permit
No. 2945; approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler and public hearing scheduled this date.
PUBLIC NOTICE'REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 22, 1987.
Posting of property October 23, 1987.
Mailing to property owners within 300 feet - October 23, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 16, 1987.
COUNCIL CONCERNS:
Councilman Pickler.
He had talked to the applicant and expressed his concerns
relative to the water drainage from the property onto any
surface that would be asphalt since asphalt deteriorates
resulting in the need for repairs. He believes that staff was
satisfied that everything could be worked out but the public
hearing had already been set. He asked to hear from staff.
Annika Santalahti, Zoning Administrator.
She spoke with representatives of the Engineering Department as
to how typically waste water drainage is handled with car
washes. It ls required to be drained into an on-site drain and
into the sewer system. She was assured by Engineering that the
requirement was that it be funneled into the on-site system and
she also spoke to the applicant. The plans do include the drain
system on the property where all the water will be going (water
clarifier).
She also talked to the Building Division and discovered an
instance where someone had begun to do something improperly
involving the washing of trucks. They actually had to make a
physical modification on the property to drain the water in a
proper fashion.
Councilman Pickler.
He wants to be sure that the water is drained properly and if
there is a problem that the applicant will correct it.
APPLICANT'S
STATEMENT:
Frank Ces, 385 Bayside Drive, Long Beach, Ca.
They have a trough in the center of the stalls which empties out
into the water clarifier. At that point, all the dirt and
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
sediment gets separated from the water and the water drains into
the City's sewer system. If the car is wet, most of the water
stays in the stall. When it pulls out to dry there is really no
water that leaves the stall. There is no problem with water
draining from a wet car into the street.
Annika Santalahti.
What the Council may wish to do if they approve, Condition No. 5
is intended to accommodate this kind of situation regarding
wastewater. The Council may wish to add as a reinforcement,
"that all wastewater shall be properly disposed of on-site."
Mr. Ces had no problem with that addition.
PUBLIC DISCUSSION:
Dr. Pealman, 1771 West La Palma, Anaheim.
He had only one question which was clarified. His property is
about 4 feet below the subject property and drainage is a
critical point. He was satisfied with what he heard today. He
noted that the driveway to the rear is asphalt and used
continuously by residents to change oil and the like. It is a
disaster and he is pleased that drainage in this case will not
be a problem.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - 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.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk.
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilman Ehrle seconded the motion. MOTION CARKIED.
Councilman Pickler offered Resolution No. 87R-458 for adoption, approving
Reclassification No. 87-88-13 and Resolution No. 87R-459 for adoption,
granting Conditional Use Permit No. 2945, subject to all City Planning
Commission conditions including the rewording of Condition No. 5 to include
that wastewater shall be properly disposed of on-site. Refer to Resolution
Book.
RESOLUTION NO. 87R-458: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 87-88-13.
RESOLUTION NO. 87R-459: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2945.
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City Hall, Ansheim~ California - COUNCIL KINUTES - November 3~ 1987~ 6:35 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 87R-458 and 87R-459 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2932:
APPLICANT:
Thrifty Oil Company
10000 Lakewood Boulevard
Downey, Ca. 90240
REQUEST/ZONING/LOCATION: To permit a convenience market with gasoline sales
and off-sale beer and wine on ML zoned property located at 727 So. East
Street, with the following Code waivers: (a) maximum number of small car
spaces (denied), (b) minimum landscape area.
PLANNING COMMISSION ACTION: Resolution No. PC87-180 granted Conditional Use
Permit No. 2932, in part, approved EIR - Negative Declaration.
HEARING SET ON:
The Planning Commission's decision was appealed by Tait & Associates, agent
for the applicant and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS I~T BY:
Publication in Anaheim Bulletin October 22, 1987.
Posting of property October 23, 1987.
Mailing to property owners within 300 feet - October 23, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 14, 1987.
APPLICANT'S
STATEMENT:
Mike Xenox, Tait & Associates, representing Circle K.
In September, 1987, the Planning Commission approved their
application to construct a food mart and service station at 727
South East Street. The Commission set forth certain conditions
which are being appealed today specifically, (1) that Circle K
would not be allowed to serve hot food items, (2) denying the
sale of beer and wine for off-site consumption and (3) limiting
the operation so that the store could not operate 24 hours a
day, seven days a week.
Relative to the hot food items, they will only be hotdogs,
popcorn and machos. They do sell cold sandwiches and provide a
microwave oven for customers to use on their own. There is no
place for customers to sit or be served. The entire operation
is for the customer to purchase gas, to buy some food items,
possibly eat in their car and leave. Inclusion of food items is
just a method of operation and Circle K is asking that the
Council reverse the Planning Commission's decision relative to
those items.
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City Hall, Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
Regarding the sale of beer and wine, since 1980 between 15 and
20 similar permits have been approved in the City of Anaheim.
Whatever criteria has been formulated by the City to permit such
sale, he is certain Circle K can meet than criteria. The total
amount of alcohol sold at the Circle K stations ranges from 15%
to 20% depending on location and size of the store. Design of
the operation does not lend itself to people loitering but to
purchase gasoline, pay at the pumps, purchase food items and
leave. Circle K has a management training session where
managers are trained to ask people who are extending their stay
to leave. If any problem arises, they are instructed to notify
law enforcement. He has also confirmed that there will be no
video games at the facility.
Mr. Ces continued that on the surface it appears beer and wine
and gasoline is a poor mix; however, when a person makes such
purchases they have to drive to a supermarket or to a store to
do so. Whether a person drinks the alcohol while driving is a
human problem which Circle K does not endorse. Circle K has
sponsored many civic programs to discourage abuse of alcohol.
He has exhibits from people who have attended the program
sponsored by Circle K in areas of Anaheim and many other parts
of Orange County who have expressed their gratitude to the
company. (See letters submitted from Canyon High School, MADD,
Brea Olinda School, Oceanview High School - made a part of the
record). They are a responsible corporation and do not want to
Jeopardize their name and industry by abusing any privilege they
might have in selling alcohol. Anaheim has not reached the
saturation point where the Alcoholic Beverage Commission has
limited the City to so many licenses. Relative to the 24-hour
operation, it is a trademark of Circle K operations and a
convenience available all hours of the day. In later hours, the
activity drops considerably. The design of the site is to
accommodate a quick in and out type operation. A convenience
store limited to anything less than 24 hours would be
unnecessary.
Following hi8 presentation, Mr. Ce~ answered a line of questions
posed by Councilwoman Kaywood relative to Circle K operations
both generally and also questions specific to the proposed
operation.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Marilyn Helm, 700 So. East Street.
She lives within 100 feet of the proposed operation. She
submitted a copy of the petition circulated in the immediate
neighborhood containing 79 signatures in opposition (originals
previously made a part of the record). She also had with her a
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
collection of items of trash that she typically collects each
day in her yard already from nearby stores. The residents are
concerned that the proposed operation will generate additional
trash that will be deposited throughout the neighborhood
especially from the food items that will be sold. She also
submitted a sheet (Exhibits A) showing that there have been 26
accidents at the corner of East Street and South Street since
April 10, 1986 to July 27, 1987. The street is heavily traveled
and accidents occur mostly as a result of left-turns. Although
it will not increase left-turns, it will increase the accident
factor. (She also submitted Exhibits B and C relating to
accidents, an additional point being their concern over the
safety of children in the area and the fact that at the present
time there is nothing to draw them to that corner). Other
issues addressed - the Vision 2000 Survey identifies
transportation as the City's top concern in the next century.
This project will not improve traffic conditions; a 24-hour
operation brings people into the area which will cause a noise
factor, one that the neighbors do not believe can be controlled;
most of the people who signed the petition would rather have
industrial on that property than the use proposed.
Herbert Moore, 717 South Dawn.
He lives directly across East Street from the property in a
two-story house. He can see what goes on on that property now.
He has observed young people congregating and three or four
going into the facility. The operator remains in his cage
collecting money. Other concerns are: he has been panhandled
several times in other Circle K stores; if Circle K has a moral
concern relative to mixing gasoline and alcohol they should
eliminate alcohol sales completely. There are already good
chain stores in the area; they will be drinking, loitering and
eating in the parking lot and if not the store lot, the lot
adjacent to it; noise in the early morning hours will be a
problem. The request should be denied completely.
Clare Chambers, 1219 East Diana Avenue.
Everyone was eager to sign the petitions in opposition which she
circulated. No one wants the food store, the alcohol, a 24-hour
op~ration, or additional trash. There are already three mini
markets within a mile. The trash, traffic and danger to
children is of great concern to them. The quality of
neighborhoods in California has declined since she moved to the
area in 1955. This is a nice neighborhood. If the project is
allowed, it is going to be detrimental in many ways.
Betty Shoener, 801 South Dawn.
Her property is located across the street on the opposite corner
from Circle K. She is opposed because of noise and traffic.
Screeching tires, loud trucks and loud radios at night are very
annoying. She would like to see the permit denied.
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City H,ll~ An,heim, California - COUNCIL 'MINUTES - November 3, 1987~ 6:35 P.M.
Carol Patrick, 1242 East South Street.
Everyone is opposed to the project. The neighborhood is having
a problem at this time trying to get the police to control
traffic in the area especially trucks over 6,000 pounds
traveling down a portion of South Street where they are
prohibited. If they are having a problem now she wanted to know
how Circle K was going to be able to get the police to their
facility to control loudness or loitering. The neighborhood
does not need this operation.
SUMMATION BY APPLICANT: Mr. Xenox.
The surrounding property owners have a legitimate complaint.
Living next to a commercial zone is frustrating with all the
attendant problems. The existing service station has been there
for many years. Blaming a lot of the existing trash on Circle K
is unfair since there is no convenience store operation now.
The new proposed site is going to increase safety and allow
better circulation through the site. Circle K is improving the
lot. A food mart is now necessary in order for service stations
to compete. He spoke to the three conditions imposed which they
wanted modified as well as the service station-food marts that
have been granted in the City. To deny Circle K the same
privilege does not seem to be fair. The existing design of the
lot discourages customers from staying beyond the time it takes
to make a business transaction.
COUNCIL ACTION:
5ayor Bay closed the public hearing.
Mayor Bay.
Thrifty Oil (the existing service station) is the only
commercial spot in the whole area along East Street between
South Street and Water Street. The rest is industrial.
Annika Santalahti, Zoning Administrator.
She confirmed that, in fact, the subject property is industrial.
Councilwoman Kaywood.
Selling gasoline and alcohol together sends out a wrong
message. It is also unfair competition where there is "cut
throat" competition going on between supermarkets and many are
closing. Selling hot foods creates additional litter. She is
concerned not only with dual uses occurring in small areas but
this is four uses on one small corner. She is concerned since
she believes that the number one responsibility for the person
working at the store is to watch the gas pumps especially for
safety reasons. It is difficult to do so when the employee has
other duties as well. She is absolutely opposed to this project.
Councilman Hunter.
This is the wrong project in the wrong area. He is opposed to
such a use proposed so close to single-family residences.
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City Hall, Anaheim, California - COUNCIL'MINUTES - November 3, 1987~ 6:35 P.M.
Councilman Ehrle.
He lives six blocks away. The neighborhood has deteriorated and
East Street is in transition at this time. The street is
eventually going to be widened from La Palma to Ball Road, thus
increasing in the flow of trafficwhich will be some time in the
future. There are certain markets at present which are creating
problems. He knows the kinds of problems that exist and that
occur all night long. This is not an appropriate project for
the area. Although he commends Circle K for all the good things
they are doing relative to drunk driving problems, this project
is not the right place for one of their facilities.
Councilman Pickler.
The CUP process is one way the Council can look at each proposal
on its merits. He is concerned in allowing such a facility
where residential is involved, although it might be appropriate
in another area. The operation would be detrimental in this
location and he is opposed to it.
Mayor Bay.
He clarified that even though the applicant appealed certain
conditions of approval, the Council considers this as a hearing
on the whole project and can totally deny it or approve it. If
it is totally defeated, then the existing CUP will still allow
the existing service station to remain under the present
conditions.
Annika Santalahti.
When the service station was established in the ML zone, service
stations at that time were a permitted use. Therefore, it is a
non-conforming legal use as a service station at the present
time.
Mayor Bay.
He pointed out for Mr. Xenox's information, although the Council
has approved a number of mini marts/service stations, they have
also denied such uses. Of the 23, 8 were either denied,
withdrawn or there was no action. The Council, therefore, has
not set a specific precedent by approvln~ such permits. They
also look at each on an individual basis.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, 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 received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The titles of the following resolutions were
read by the City Clerk.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1987~ 6:35 P.M.
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 87R-460 for adoption, denying
Conditional Use Permit No. 2932. Refer to Resolution Book.
RESOLUTION NO. 87R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2932.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 87R-460 duly passed and adopted.
ADJOURNMENT: Councilman Bay moved to adjourn to Tuesday, November 10, 1987 at
10:00 a.m. for a Closed Session on labor negotiations, and subsequent to
Closed Session, to discuss the Resource Allocation Plan. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (9:15 p.m.)
LEONORA N. SOHL, CITY CLERK
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