1987/12/15163
City Hall, Anaheim{ California - COUNCIL MINUTES - December 15, 1987, 1:30 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
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Fick
CIVIL ENGINEER - OFFICE: Jay Titus
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:30 p.m. on December 11, 1987 at the Civic Center kiosk, containing
all items as shown herein.
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.
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).
Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (2:10 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(2:43 p.m.)
INVOCATION: Captain Joe Huttenlocker of the Salvation Army, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted and ratified by the City Council recognizing Georgia
Frontiere, owner and president of the Los Angeles Rams, for her commitment to
improve the quality of life for young people in Orange County and honoring her
as recipient of the 1987 Good Scout Award. The Declaration was presented to
Mrs. Frontiere at a luncheon earlier in the day.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
119: DECLARATIONS OF COMMENDATION: Declarations of Commendation were
unanimously adopted by the City Council commending the following:
James Rafferty, for his unselfish and heroic response in rescuing Mrs. Dela
Cathey from the closed-in patio of her burning apartment building on
September 29, 1987.
John Rutherford, for his unselfish and heroic actions in assisting in the
saving of Mrs. Deja Cathey and her 5-month old son from her burning apartment
building on September 29, 1987.
Donna Poole, for her unselfish and heroic actions in assisting in saving the
life of Mrs. Dela Cathey in escaping the fire which engulfed her apartment
building on September 29, 1987.
John Rutherford and Donna Poole were present and each were recognized and
commended personally by the Mayor and Council Members.
119: PROCLAMATION: The following proclamation was issued by Mayor Bay and
authorized by the City Council:
Drunk and Drugged Driving Awareness Week, December 13-19, 1987.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,692,524.23, in
accordance with the 1987-88 Budget, were approved.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following
resolutions and ordinances on the Consent Calendar were read by the City
Manager. (Resolution Nos. 87R-500 through 87R-523, both inclusive)
Councilman Pickler moved to waive the reading in full of the ordinances and
resolutions on the Consent Calendar. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
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-500 through 87R-523, both inclusive, for
adoption. Councilwoman Kaywood offered Ordinance No. 4890 for first reading.
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 Luanne Callie Duncan for personal injury sustained
purportedly due to actions of the City on or about August ]4, 1987.
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City Hall.~ Anaheim, California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
b. Claim submitted by Cecil Grant Wilson for bodily injury sustained
purportedly due to actions of the City on or about August 7, 1987.
c. Claim submitted by Southern California Gas Company for property damage
sustained purportedly due to actions of the City on or about August 21, 1987.
Claims filed against the City - Recommended to be Accepted:
d. Claim submitted by Joan Robinson for property damage sustained
purportedly due to actions of the City on or about November 1, 1987.
e. Claim submitted by Wesley F. Bosworth for property damage sustained
purportedly due to actions of the City on or about September, 1987.
2. Receiving and filing the following correspondence: (on file)
a. 105: Come, unity Redevelopment Commission, Minutes of October 28, 1987.
3. 123: Authorizing an agreement with Christian Temporary Housing
Facilities, Inc., in an amount not to exceed $20,000, to provide food and
shelter at 393 South Tustin Avenue, Orange, for home]ess persons referred by
George Washington Community Center.
4. 123: Authorizing the Third Amendment to Agreement with Ball-Taft Medical
Clinic, to provide pre-employment medical examinations, extending the term to
December 31, 1988.
5. 156: Authorizing the transfer of ownership of retired police canine
"Cliff" to his former handler, Officer Robert W. Lay.
6. 123: Authorizing an agreement with Feedback Foundation, Inc., dba Project
T.L.C., in an amount not to exceed $44,921, to provide nutritional and social
services to senior citizens, to expire June 30, 1988.
7. 123: Authorizing a Third Amendment to the Agreement with Pacific
EGuipment and Irrigation, Inc., (Toro Pacific Distributing), and authorizing
the Purchasing Agent to issue a change order to Pacific E~uipment and
Irrigation, Inc., in an amount not to exceed $25,000 per month for the
lease/maintenance of golf course and stadium field turf equipment.
8. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation, in the amount of $10,788.61 for seven
breathing apparatus with 30 minute cylinders, in accordance with Bid No.
A-4530.
9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corporation in the
amount of $81,768.40 for one hundred Sangamo Data Star Load Research Recorders.
10. 153/152: Authorizing the Human Resources Director to execute agreements
for the acquisition of labor and services for temporary personnel relief for
term ending December 31, 1988.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
11. ]72: RESOLUTION NO. 87R-500: 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. (Anaheim Traffic
Control Event Colmmunication Center, Account Nos. 01-795-6325-E5430; and
opening of bids on January 7, 1988, 2:00 p.m.)
]2. 167: RESOLUTION NO. 87R-501: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SAFETY
STRIPING) (in the amount of S19,252.50, for Sign Installation Program Phase
III, Installation and Replacement, Account No. 01-263-6340)
13. 169: RESOLUTION NO. 87R-502: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (R.J. NOBLE
COMPANY) (in the amount of $209,460.90, La Palma Avenue Street Improvement,
State College Boulevard to Acacia Street, Account Nos. 12-793-6325-E3980,
51-479-6993-00589 and 51-484-6993-00710)
14. 169: RESOLUTION NO. 87R-503: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(CERRITOS AVENUE STREET IMPROVEMENT) (Account No. 12-793-6325-E3140,
Sully-Miller Contracting Company, contractor, and authorizing filing of the
Notice of Completion therefor)
15. 179: RESOLUTION NO. 87R-504: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO.
631 AND DECLARING RESOLUTION NO. 3603 AS AMENDED BY RESOLUTION NO. 4255 NULL
AND VOID. (to permit the dumping of earth, trash and other materials on a 9.9
acre portion of property located on the north side of Lincoln Avenue, east of
Beach Boulevard (2925 West Lincoln Avenue), to satisfy conditions of approval
of Reclassification No. 82-83-4)
179: RESOLUTION NO. 87R-505: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 95 AND DECLARING RESOLUTION NO. 6685 NULL AND VOID. (permitting operation
of a go-kart rental arena on a 3.9 acre portion of property located on the
north side of Lincoln Avenue, east of Beach Boulevard (2925 West Lincoln
Avenue), to satisfy conditions of approval of Reclassification No. 82-83-4)
16. 179: RESOLUTION NO. 87R-506: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE
PERMIT NO. 562 AND DECLARING RESOLUTION NO. 64R-414 NULL AND VOID. (to
establish trailer sales and a mobilehome park on property located on the north
side of Lincoln Avenue, east of Beach Boulevard (2925 ~West Lincoln Avenue), to
satisfy conditions of approval of Variance No. 3306)
17. 158: RESOLUTION NO. 87R-507: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (in connection with
Reclassification No. 85-86-4, Variance No. 3523, Reclassification No. 84-85-35
A, B and C, R/W No. 3750, Tract No. 10617 and Parcel Map 84-261)
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City Hall~ Anaheim, California - COUNCIL MINUTES - December 15, 1987~ 1:30 P.M.
18. ]09/150: RESOLUTION NO. 87R-508: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR SPECIAL ACCOUNT FOR CAPITAL
OUTLAY MONEYS. (in the amount of $200,000 for the development of a child care
center and appointing the City Manager as agent to conduct all negotiations
and documents related thereto)
]50: Approving distribution of a reouest for proposal to hire a child care
consultant to determine City employee child care needs.
19. 000/164: RESOLUTION NO. 87R-509: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING DRAINAGE FEES. (WEIR CANYON ROAD DRAINAGE
REIMBURSEMENT AREA) (in the amount of $5,000 per acre for the first year,
with annual adjustments on January 1 of each year)
20. 153: RESOLUTION NO. 87R-510: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE
GENERAL CITY EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, REPEALING RESOLUTION NOS. 84R-70, 87R-287, 87R-358, 87R-322, AND
SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 84R-451, 85R-356, 85R-270,
84R-160, 87R-336, 87R-310, 87R-284, 87R-280, 87R-112, 86R-294, 86R-484,
86R-517, 86R-495, 86R-219, 86R-126 AND 86R-113 AS THEY APPLIED TO EMPLOYEES IN
CLASSIFICATIONS ASSIGNED TO THE GENERAL CITY EMPLOYEES UNIT. (effective
October 16, 1987)
153: RESOLUTION NO. 87R-511: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE
CLERICAL EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, REPEALING RESOLUTION NOS. 84R-71, 84R-457 AND 84R-459, AND
SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 84R-245 AND 87R-28] AS THEY
APPLIED TO THE EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE CLERICAL EMPLOYEES
UNIT. (effective October 16, 1987)
21. 153: RESOLUTION NO. 87R-512: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-007 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CONFIDENTIAL JOB CLASSES. (effective October 16, 1987)
22. 153~ RRg0LU~ION NO. §7R-513~ A RRg0LU~ION 0R ~RR CItY COUNCIL OR ~RR
CITY OP ANAHEIM AMENDING RESOLUTION NO. 87R-82 WHICH ESTABLISHED RATES OP
COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS. (adjusting the rate
of compensation for Show Wagon Operator, A 0900, effective December 15, 1987)
153: RESOLUTION NO. 87R-514: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 87R-82 WHICH ESTABLISHED RATES OF COMPENSATION
FOR UNREPRESENTED PART-TIME CLASSIFICATIONS. (adjusting said rates and adding
the classifications of Volleyball Official, A 1200, and Softball Scorekeeper,
A 0636, effective December 15, 1987)
23. 153: RESOLUTION NO. 87R-515: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-364 WHICH ESTABLISHED RATES OF
COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSES DESIGNATED AS MIDDLE
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City Hallr Anaheim, California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
MANAGEMENT/SUPERVISORY. (adjusting the bilingual pay effective October 16,
1987)
153: RESOLUTION NO. 87R-516: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 87R-365 WHICH ESTABLISHED RATES OF
COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSES DESIGNATED AS
PROFESSIONAL AND TECHNICAL MANAGEMENT. (adjusting the bilingual pay effective
October 16, 1987)
24. 153/123: RESOLUTION NO. 87R-517: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ANAHEIM
FIREFIGHTERS ASSOCIATION LOCAL NO. 2899. (adding the classifications of Fire
Fighter III and Fire Fighter IV, effective January 9, 1987, and authorizing
the Human Resources Director to sign said agreement)
25. 153: RESOLUTION NO. 87R-518: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-008 WHICH ESTABLISHED RATES OF
COMPENSATION AND UNREPRESENTED PART-TIME CLASSIFICATIONS WITH FULL-TIME
EQUIVALENTS. (adjusting said rates effective October 16, 1987)
26. 176: RESOLUTION NO. 87R-519: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (87-14A) (Declaring intent to abandon that
portion of an alley adjacent to property located at 703 South Dale Street, and
setting a date for the public hearing therefor; suggested date: January 19,
1988, 3:00 P.M.)
27. 175: RESOLUTION NO. 87R-520: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE FORM OF AMENDMENT NO. 5 TO THAT CERTAIN
REVOLVING CREDIT AGREEMENT AMONG THE CITY OF ANAHEIM, BANK OF AMERICA NATIONAL
TRUST AND SAVINGS ASSOCIATION AND MORGAN GUARANTY TRUST COMPANY OF NEW YORK.
(and authorizing the employment of James J. Lowrey as Financial Advisor and
Mudge Rose Guthrie Alexander & Ferdon and Rourke & Woodruff as Co-Bond Counsel)
28. 175/137: RESOLUTION NO. 87R-521: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF
$5,000,000 WATER REVENUE BONDS, 1988 SERIES, OF SAID CITY: APPROVING THE FORM
OF THE OFFICIAL BID FORM, THE NOTICE OF SALE, THE NOTICE OF INTENTION TO SELL
BONDS AND THE PRELIMINARY OFFICIAL STATEMENT; AND AUTHORIZING THE PUBLICATION
OF THE NOTICE OF INTENTION TO SELL BONDS AND THE NOTICE OF SALE.
29. 156/142: ORDINANCE NO. 4890: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 1.12.070 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL
CODE PERTAINING TO DISPOSITION OF UNCLAIMED PROPERTY. (First Reading)
30. 158: RESOLUTION NO. 87R-522: 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.
31. 124: RESOLUTION NO. 87R-523: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SHAWNEE
PACIFIC) (in the amount of $41,827, for Anaheim Convention Center Lobby and
Office Remodeling, Account No. 01-946-7107)
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City Hall~ Anaheim, California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
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-500 through 87R-523, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
123/160: POLICE HELICOPTER MAINTENANCE AGREEMENT - ORANGE AVIATION INC., dba
TALLMANTZ AVIATION: Councilwoman Kaywood moved to accept the low bid and
authorizing execution of an agreement with Orange Aviation, Inc., dba
Tallmantz Aviation in an amount estimated to be $1,991,071.75 (including tax)
for maintenance of three police helicopters for a period of 5 years,
commencing January 1, 1988, in accordance with Bid No. 4504 as publicly
advertised and as recommended in memorandum dated December 8, 1987 from the
Purchasing Agent Diane Hughart. Councilman Pickler seconded the motion.
MOTION CARRIED.
Later in the meeting, (6:35 p.m.) City Manager Bob Simpson reported that staff
had requested that the subject be held and scheduled at a later date. He,
therefore, requested that (1) Council move to reconsider the item and, (2) if
the motion for reconsideration should pass, that the item be continued for two
weeks.
MOTION: Councilwoman Kaywood moved to reconsider the subject item.
Councilman Pickler seconded the motion. MOTION CARRIED.
MOTION: Councilwoman Kaywood moved to continue the proposed acceptance of bid
for helicopter maintenance for two weeks. Councilman Hunter seconded the
motion. MOTION CARRIED.
RECESS: By general consent, the Council recessed for ten minutes. (2:59 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:10 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2910--AMEND CONDITIONS OF
APPROVAL:
APPLICANT:
Asmail Rastegari
1108 North Acacia Street
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: To amend and or delete conditions of approval of
Resolution No. 87R-349, (in particular Condition No. 2 relating to payment of
street improvements) granting Conditional Use permit No. 2910, to permit a
child day-care facility for a maximum of 24 children on RM-1200 zoned property
located on the east side of Acacia Street, approximately 670 feet south of the
centerline of Romneya Drive (1108 No. Acacia Street).
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City Hallz Anaheim, California - COUNCIL MINUTES - December 15~ 1987, 1:30 P.M.
HEARING SET ON:
Request by applicant to amend/delete condition.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 4, 1987.
Posting of property December 4, 1987.
Mailing to property owners within 300 feet - December 4, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 8, 1987 from the
City Engineer, Gary Johnson, recommending that the City Council approve the
deletion of Condition No. 2 of the Conditional Use Permit as requested by the
owner.
APPLICANT'S
STATEMENT:
Asmail Rastegari, 1108 North Acacia Street, Anaheim, Ca. 92805.
She has a problem with Condition No. 2 of Conditional Use Permit
No. 2910 which was adopted by the Council on August 11, 1987.
She did offer to dedicate some land for street widening purposes
but she did not understand that she would have to pay money as
required under Condition No. 2 relating to street improvements.
She is only remodeling the facility, fix the fences, changing
the front to a playground, just minor things. There will be no
structural changes or additions.
Councilman Pickler.
He asked for confirmation that staff was recommending that
Condition No. 2 be deleted.
Jay Titus, Civil Engineer - Office.
He confirmed that was correct. Staff is recommending deletion
in light of the revised ordinance Council adopted about four
weeks ago. He also confirmed for the Mayor that no building
permits are required.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 87R-524)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
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City Hall{ Anaheim, California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
Councilwoman Kaywood offered Resolution No. 87R-524 for adoption, granting the
amendment to Conditional Use Permit No. 2910, deleting Condition No. 2 based
on considerations that there will be no building permits required. Refer to
Resolution Book.
RESOLUTION NO. 87R-524: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2910.
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-524 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2278--EXTENSION OF TIME:
APPLICANT:
K. N. Hurria, M.D.
3347 West Ball Road
Anaheim, Ca. 92804
REQUEST/ZONING/LOCATION: Request for an extension of time for Conditional Use
Permit No. 2278, to permit commercial use of a residential structure on CL
zoned property located at 3347 West Ball Road, with Code waiver of minimum
number of parking spaces.
HEARING SET ON:
Request by the applicant to delete a condition of approval of the Conditional
Use Permit.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 4, 1987.
Posting of property December 4, 1987.
Mailing to property owners within 300 feet - December 4, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning commission dated December 7, 1987,
recommending deletion of Condition No. 7 of the CUP, conditions of approval
(R~olution No. ~2R-~9), th~robv ~mittin~ tho u~o to eontinu~ without an?
further time extension consideration. No problems or complaints have been
encountered from the subject use.
APPLICANT'S
STATEMENT:
The applicant or agent were not present.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 15r 1987, 1:30 P.M.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 87R-525)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 87R-525 for adoption, deleting
Condition No. 7 completely from conditions of approval of Conditional Use
Permit No. 2278, Resolution No. 82R-89. Refer to Resolution Book.
RESOLUTION NO. 87R-525: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2278.
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-525 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2695 (REV. NO. 2) (READV.):
APPLICANT:
Thrifty Oil Company
100000 Lakeview Blvd.
Downey, Ca. 90240
REQUEST/ZONING/LOCATION: To consider revised plans to permit a convenience
market with gasoline sales and off-sale beer and wine on approximately 0.56
acre located at the northwest corner of Lincoln Avenue and Dale Avenue (2801
West Lincoln Avenue).
PLANNING COMMISSION ACTION: Resolution No. PC87-224 denied Conditional Use
Permit No. 2695 (Rev. 2); EIR Negative Declaration previously approved.
HEARING SET ON:
The Planning Commission's decision was appealed by the applicant and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 4, 1987.
Posting of property December 4, 1987.
Mailing to property owners within 300 feet - December 4, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated November 9, 1987.
APPLICANT'S
STATEMENT:
Steve Solomon, Attorney for Circle K - agent for the applicant.
He was accompanied by Carl Korkendorfer of Tait & Associates.
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City Hall( Anaheim~ California - COUNCIL MINUTES - December 15, 1987~ 1:30 P.M.
Working from a posted plan of the subject property he explained
the problem they are facing. The Conditional Use Permit was
originally approved in 1985. In early 1987, Circle K, on behalf
of Thrifty Oil, began to redesign the structure in conjunction
with the City Planning Department in order to make the property
more functional with more parking and requesting the
construction of a new building to be located at the northwest
corner of the property. (Also see, Appeal to Anaheim City
Council and letter dated December 1, 1987 from Taft &
Associates, both of which explain in detail the purpose of the
request and the proposed changes in their site plan - made a
part of the record).
Circle K felt the new design was a better use of the property
and, therefore, delayed building under the plans that were
approved in 1985. On November 9, 1987, they presented their
revised plans to the Planning Commission and the new plans were
denied. The requirement of the original CUP provided that they
start construction three days later which was physically
impossible. At this time requesting the Council to extend the
time to allow them to construct or in the ~lternative, allow
them to redesign which is a better use of the property.
Mr. Carl Korkendorfer, Taft & Associates.
He explained the differences and improvement in parking and
circulation under the revised plans. They consulted with the
City Traffic Engineer. The plan was approved before with the
two existing driveways to remain on Lincoln and with the
existing gas pumps where they are now. They redesigned the
gasoline location to allow them to close one of the driveways
(which he pointed to from the posted plan). He explained the
circulation and how it will now take place on the property which
eliminates many conflicts. It will result in safety and
convenience and a more aesthetically pleasing site. They have
also increased the landscaping adjacent to the property to the
north and added property line trees per the landscaping Code.
Wasted space has been eliminated and the site is now redesigned
in order to utilize it to its highest and best use. .He also
explained for Councilwoman Kavwood that they have deleted some
gas pumps. There were previously 8 dispensers on the site and 4
are now proposed.
Steve Solomon.
He answered questions posed by Councilwoman Kaywood. Their
sales nationwide in their 4,000 stores are about 72% in food
services and between 24% to 26% in gas depending on the
location. Less than 2% or 3% of their business is of a hot food
nature. The extent of the hot foods is hotdogs and microwave
sandwiches. No hamburgers are prepared on site.
Councilwoman Kaywood.
She asked staff if there was anything in the Code pertaining to
the sale of hot foods and the parking required.
1162
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City Hall{ Anaheim, California - COUNCIL MINUTES - December 15, 1987~ 1:30 P.M.
Annika Santalahti, Zoning Administrator.
She answered no but the matter has been discussed previously.
There has not been a strong concern about the issue since hot
foods are not anywhere near even 50% of the product sales as to
floor area as well as dollar amount.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Mayor Bay.
He asked if the Council chooses to approve the CUP and the
revised plans, were all the necessary conditions included in the
CUP to go with those revised plans.
Annika Santalahti, Zoning Administrator.
She answered yes. The staff report basically repeats the
original conditions of approval and inserts Revision No. 2 which
is posted on the Chamber wall.
Councilman Pickler.
He first asked for confirmation from the applicant that two
public restrooms will be provided at the facility. (The
applicant confirmed that there were two public restrooms
available). What he sees in the revised plans is a big
improvement over what was originally planned. It will enhance
the area and he has no problem with it.
Councilwoman Kaywood.
She expressed her concerns and posed questions to the applicant
regarding the sale of beer and wine at gasoline stations which
she feels encourages drinking and driving, that if there is only
one person on duty it is difficult for that person to see to it
that gas is dispensed safely, concern over the sale of hot foods
and the fact that the business amounts to four uses on one small
corner. It is also unfair competition to supermarkets. She
then asked that staff perform a study on the businesses where
hot foods are being dispensed to see what parking requirements
would make sense.
During the discussion, Mr. Solomon explained the program that
Circle K has relative to discouraging drinking and driving. He
also clarified for Councilwoman Kaywood that they would not be
willing to eliminate the beer and wine which is less than 10% of
their cooler space. They were originally granted the right in
1985 and are a very responsible company. They do not intend to
abuse a privilege given to them by the State.
1163
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City Hall~ Anaheim, California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 87R-526)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 87R-526 for adoption, subject to all
prior conditions of approval. Refer to Resolution Book.
RESOLUTION NO. 87R-526: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2695 (REV. NO. 2).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
Kaywood
None
The Mayor declared Resolution No. 87R-526 duly passed and adopted.
MOTION: Councilman Pickler moved to grant an extension of time on the project
to expire in one year. Councilwoman Kaywood voted no. MOTION CARRIED.
RECESS - CLOSED SESSION: By general consent, the Council recessed into Closed
Session. (3:42 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:35 p.m.)
123/101: ACQUISITION OF A COLOR VIDEO SCOREBOARD SYSTEM FOR ANAHEIM STADIUM:
Submitted was report dated December 11, 1987 from Cindy King, Assistant to the
City Manager, recommending approval of various agreements relative to the
subject.
Mayor Bay. The agreements are a combination of months of negotiation
involving some excellent staff work and a great deal of hard work by the City
Manager. The agreements will formalize between the City, Rams and Angels,
Sony Corporation and Spencer Marketing to make a new color scoreboard and
other black and white new boards and new advertisin§ in the Stadium possible.
He is very pleased to see the matter come to this point after all the
negotiations that have taken place between the three principals. He also
thanked Sony and Spencer for their cooperation with staff in the negotiations
between the Rams, Angels and the City.
Councilman Pickler. Ne thanked all the people involved and the City Manager.
Also, the time and effort expended by Cindy King, Assistant to the City
Manager and Joe Fletcher, Deputy City Attorney, went beyond all expectations
and they did an excellent job.
Councilman Ehrle. He feels the big winners in the negotiations and final
agreements are the 3 million plus fans who patronize Anaheim Stadium.
1164
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City Hall, Anaheim{ California - COUNCIL MINUTES - December 15, 1987~ 1:30 P.M.
On motion by Councilman Bay, seconded by Councilman Pickler, the following
actions were approved:
Determined that the proposed activity falls within the definition of Section
15311, Class 11, of the State of California Environmental Quality Act and is,
therefore, categorically exempt from the requirement to file an EIR report.
Authorizing the Third Amendment to the Amended and Restated Lease Agreement
with Golden West Baseball Company relative to color video/scoreboard
installation and advertising.
Authorizing a Third Amendment to the Operations Agreement with the Los Angeles
Rams Football Company relative to color video/scoreboard installation and
advertising.
Authorizing a Sales and Installation Contract (including the general
conditions of the contract) between the Anaheim Public Improvement
Corporation, Sony Corporation of America and the City, for a color video and
scoreboard system for Anaheim Stadium.
Authorizing an Advertising and Revenue Agreement with Spencer Sports Media
Inc., Anaheim Public Improvement Corporation, Sony Corporation of America and
the City of Anaheim, relative to financing of the color video and scoreboard
system for Anaheim Stadium.
Authorizing a confidentiality and non-disclosure agreement with White Way Sign
and Maintenance Company.
Authorizing a Third Amendment to the Agreement with Spencer Sports Media,
Inc., regarding sale of advertising space at Anaheim Stadium and Anaheim
Convention Center.
MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Comission at their meeting held November 23, 1987, pertaining to the
following applications were submitted for City Council information.
1. VARIANCE NO. 3707: Submitted by Robert L. and Geraldine Mc Ginley, to
retain a 6-foot, 10 inch high block wall and a patio cover on RS-7200 zoned
property located at 1028 North Mayflower Street, with the following Code
waivers: (a) Maximum wall height, (b) minimum side yard setback, (c) minimum
rear yard setback.
The Planning Commission, pursuant to Resolution No. PC87-242, granted Variance
No. 3707, and granted a negative declaration status.
2. CONDITIONAL USE PERMIT NO. 2957 (READY.): Submitted by Burger King
Corporation, (Burger King Restaurant), to expand a drive-through fast food
restaurant on CL zoned property located at 510 South Euclid Street, with the
following Code waivers: (a) Minimum number of parking spaces, (b) maximum
fence height.
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City Hall{ Anaheim~ California - COUNCIL MINUTES - December 15{ 1987~ 1:30 P.M.
The Planning Commission, pursuant to Resolution No. PC87-243, granted
Conditional Use Permit No. 2957 (ReadY.), and granted a negative declaration
status.
3. VARIANCE NO. 3679 (REV. 1): Submitted by Philip W. Ganong, et al, to
establish a 10-lot, 8-unit single-family residential subdivision, on RM-1200
zoned property located at the southwest corner of Short Street and Kellogg
Drive, with the following Code waivers: (a) Required lot frontage, (b)
minimum garage setback, (c) minimum dimension of driveway parking area.
The Planning Commission, pursuant to Resolution No. PC87-244, granted Variance
No. 3679 (Rev. 1), and granted a negative declaration status.
4. RECLASSIFICATION NO. 87-88-26: Submitted by Anaheim Land Associates Ltd.
Partnership, for a change in zone from CR to CL, to construct a 39,075 square
foot restaurant/commercial complex on property located at 2430 East Katella
Avenue.
The Planning Commission, pursuant to Resolution No. PC87-245, granted
Reclassification No. 87-88-26, and previously certified EIR No. 266.
5. CONDITIONAL USE PERMIT NO. 2964: Submitted by Robert Shaw-Fulton Controls
Co., (Bergstroms Childrens Stores), to permit a speciality retail use on ML
zoned property located at 1601 South Manchester Avenue, with Code waiver of
minimum number of parking spaces.
The Planning Commission, pursuant to Resolution No. PC87-248, granted
Conditional Use Permit No. 2964, and granted a negative declaration status.
6. CONDITIONAL USE CONDITIONAL USE PERMIT NO. 2965: Submitted by Rosa Mary
Casella Ulivi and Angelo J. Casella, to construct a drive-through restaurant
on ML zoned property located at 3093 East Miraloma Avenue, with Code waiver of
required landscaped setback area.
The Planning Commission, pursuant to Resolution No. PC87-249, granted
Conditional Use Permit No. 2965, and granted a negative declaration status.
7. CONDITIONAL USE PERMIT NO. 2966: Submitted by Theodore Todoroff, to
con~truct an automotive repair facility on ML zoned property located at 929
North Anaheim Boulevard, with the following Code waivers: (a) Minimum number
of parking spaces, (b) maximum number of small car spaces, (c) minimum floor
area of manager's unit (denied).
The Planning Commission, pursuant to Resolution No. PC87-250, granted in part,
Conditional Use Permit No. 2966, and granted a negative declaration status.
8. FENCING REGULATIONS IN SCENIC CORRIDOR: Submitted by the Planning
Commission, requesting examination of fencing regulations in the Scenic
Corridor to change viewshed protection.
The City Planning Commission directed staff to prepare necessary ordinances to
more effectively address fencing in the Scenic Corridor.
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City Hall~ Anaheim, California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
9. NOTICE OF APPLICATION FROM THE COUNTY OF ORANGE: Submitted by County of
Orange, Tax Collector-Treasurer, notice of application to file separate tax
bill for property located on the southeast side of Evelyn Drive.
The Planning Commission received and filed the Notice of Application from the
County of Orange.
10. CONDITIONAL USE PERMIT NO. 2925 (READV.): Submitted by Larry R. and
Judith I. Smith, to permit 2 drive-through, walk-up restaurants with outdoor
seating in conjunction with a commercial center expansion CL zoned property
located at 919-959 Knott Street, with the following Code waivers: (a) Minimum
number of parking spaces, (b) minimum drive-through lane dimensions, (c)
minimum distance between buildings, (d) required site screening.
The Planning Commission, pursuant to Resolution No. PC87-241, granted
Conditional Use Permit No. 2925 (Ready.), and granted a negative declaration
status.
A review of the Planning Commission's decision was requested by Councilman
Pickler and, therefore, a public hearing will be scheduled at a later date.
11. RECLASSIFICATION NO. 87-88-27 AND VARIANCE NO. 3728: Submitted by
Katherine Wesolosky, for a change in zone from RM-2400 to RM-1200, to
construct a 2-story, 8-unit apartment building on property located at 705 West
Victor Avenue, with the following Code waivers: (a) Maximum structural
height, (b) maximum site coverage, (c) maximum number of bachelor units, (d)
minimum structural setback, (e) permitted encroachments.
The Planning Commission, pursuant to Resolution No. PC87-246 and 247, denied
Reclassification No. 87-88-27 and Variance No. 3728, and granted a negative
declaration status.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
12. INFORMATIONAL ITEMS: Revised Public Hearing Notice, Planning Commission
letterhead and City Identification for Planning Commissioners.
There was no action required by the Planning Commission.
Mayor Bay. In reviewing the staff report to the Planning Commission dated
November 23, 1987, it stated that letterhead for the Planning Commission has
been printed and is now available. It also indicated 'those who wanted City
Identification Cards (I.D.) to check with staff. He asked if that were true.
Joel Fick, Planning Director. Based upon concern that was expressed in part
by the City Attorney's Office subsequent to the Planning Commission meeting
where the issue was discussed, the letterhead had not and will not be
distributed and I.D. cards will not be issued.
Councilwoman Kaywood. She asked if the Planning Department had a copy of
anything that was sent out under the Planning Department letterhead; Mayor Bay
stated it was his understanding none was issued.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - December 15, 1987{ 1:30 P.M.
Joel Fick. He understood there was a letter that was sent on some type of
Planning Department letterhead that convened a meeting. However, several of
the Planning Cot. missioners had requested letterhead but it was never
distributed. The Planning Commission has subsequently been informed of the
expressed concern.
Councilwoman Kaywood. Anything that would go out under Planning Department
letterhead would give an official connotation that would be false. She felt
that a copy of whatever did go out should be reGuested from that Commissioner
or Commissioners so that Mr. Fick, as the Department Head, would be aware of
what had been sent. She is concerned that something could surface in the
future that would frighten everyone if someone has a piece of mail dated 1987
and years later nobody knowing what it was all about. She asked Mr. Fick if
he had a copy of what Commissioner Feldhaus had sent out regarding
redevelopment.
Joel Fick. He answered no; Councilwoman Kaywood. She reiterated she felt it
was important that he have a copy and she would also like to see it. The
letter needs to be on file.
Mayor Bay. He suggested that Councilwoman Kaywood discuss the issue with the
City Attorney. Ne also explained for Councilman Ehrle that the issue had been
discussed when he was absent and the Council consensus was that they do not
want Planning Commission letterhead printed/distributed or that I.D. cards be
issued to Planning Commissioners.
No further action was taken by the Council.
End of Planning Commission Informational Items.
105: APPOINTMENT TO THE PUBLIC UTILITIES BOARD: To appoint a member to the
Public Utilities Board, term ending June 30, ]989 (Skidmore). This matter was
continued from the meeting of November 10 and 17 and December 1 and 8, 1987,
to this date.
Mayor Bay. He opened nominations and thereupon nominated Paul McMillan to the
Public Utilities Board.
Councilman Ehrle nominated Bob Kazarlan.
Councilman Pickler moved to close nominations. Councilwoman Kaywood seconded
the motion.
A vote was then taken on the nominees in the order of nomination:
Paul McMillan:
AYES: COUNCIL MEMBERS: Hunter and Bay
NOES: COUNCIL MEMBERS: Ehrle
ABSTAINED: COUNCIL MEMBERS: Kaywood and Pickler
ABSENT: COUNCIL MEMBERS: None
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City Hall~ Anaheim, California - COUNCIL MINUTES - December 15~ 1987, 1:30 P.M.
The City Attorney then explained for Councilman Pickler if there were less
than three yes votes on either of the nominations, he is of the opinion that
it is in order to vote on both nominations. A nomination is not a motion. If
it were a motion it would pass if there were two yes, one no and two
abstentions. In voting for nominees, however, if the Council voted on both,
it is possible that one nominee would get three yes votes and two nos.
Another Roll Call Vote was then taken on Mr. McMillan:
AYES: COUNCIL MEMBERS: Hunter and Bay
NOES: COUNCIL MEMBERS: Kaywood
ABSTAINED: COUNCIL MEMBERS: Ehrle and Pickler
ABSENT: COUNCIL MEMBERS: None
Councilman Ehrle. He cannot vote no for Mr. McMillan. His abstention is not
to vote against him. Be is a fine person and he would like to see him on the
Board but he feels someone else has given a tremendous amount of time to the
Community.
A Roll Call vote was then taken on the Bob Kazarian nomination:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Kaywood and Pickler
NOES: COUNCIL MEMBERS: Hunter
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
Mr. Bob Kazarian was thereupon appointed to the Public Utilities Board for the
term ending June 30, 1989.
Councilman Ehrle. In light of the many people who have shown interest in
other Boards and Commissions, he would like the Council to consider a maximum
term on the Planning Commission and other Boards and Commissions to 8 years if
it is in compliance with the City Charter, as some other cities have done with
perhaps a year's leave of absence or once the person has served for 8 years
they could possibly be reappointed if a new opening occurs. He would like to
have more direction on how the Council could look at the possibility of
limiting tenure on Boards and Commissions to 8 years.
Councilman Pickler. The possibility may be worthy of consideration and
perhaps the Council could consider the matter on one of their future agendas.
Councilwoman Kaywood. She could possibly agree on some Boards and Commissions
if other than the Planning Commission.
MOTION: Councilman Bay moved that the appointment of Mr. Kazarian to the
Public Utilities Board be unanimous. Councilwoman Kaywood seconded the
motion. MOTION CARRIED UNANIMOUSLY.
144: REAPPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT BOARD OF
TRUSTEES: ReQuest ~rom Gilbert L. c~al£et, District Manager, orange county
1169
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 15, 1987~ 1:30 P.M.
Vector Control District, for reappointment of Judie De Perry as the City
representative on the Board of Trustees, term to expire December 31, 1989.
(See letter dated November 20, 1987 from Mr. Challet). This matter was
continued from the meeting of December 8, 1987, to this date.
City Clerk, Leonora Sohl, explained that she wrote to Ms. De Perry and
subsequently received a telephone call on December 14, 1987. She is preparing
a written report to submit to the Council.
MOTION: Councilman Bay moved to reappoint Ms. De Perry to the Orange County
Vector Control District Board of Trustees, for the term to expire December 31,
1989. Councilman Hunter seconded the motion.
Before a vote was taken, Councilwoman Kaywood stated there was time to act on
the reappointment at the next meeting.
Councilman Hunter noted that Ms. De Perry had attended 105 of 122 meetings for
an 86% attendance record thus far.
Councilwoman Kaywood. The idea is not for the City's representatives to go to
meetings and then keep the information to themselves. The Council is supposed
to be kept informed and that is the purpose of a City representative. There
is still time to receive the report and then to make the reappointment.
A vote was then taken on the foregoing motion of reappointment. Councilwoman
Kaywood abstained. MOTION CARRIED.
179: REQUEST TO CONSIDER A NEW OUTDOOR SIGN ORDINANCE - REGENCY OUTDOOR
ADVERTISING: Request from Floyd L. Farano, Attorney Farano and Kieviet, on
behalf of Regency Outdoor Advertising, Inc., to consider a new outdoor sign
ordinance (billboards). This matter was continued from the meeting of
December 8, 1987, to this date (see minutes that date).
A report was submitted by the Planning Department dated December 11, 1987,
attached to which was the extensive data and reports produced starting in 1984
when freeway oriented boards were previously considered by the Council (1984,
1985 and 1986).
Mayor Bay. Directing his remarks to the City Attorney, he stated that the
issue to be discussed was not a public hearing but the request is for the
Council to consider a new ordinance. If the Council chooses to direct staff
to work on a new ordinance and if that ordinance is approved by the Council,
it will come before the Council for a first reading and then for adoption at
the second reading. At that time it will be opened up to public input. He
asked if there was anything requiring the council to open up the item to
public input at this time.
City Attorney White. There is nothing that requires doing so at this time.
It has been Council's custom to open such issues to public comment when it
comes to the first or second reading of an ordinance. There is no ordinance
before the Council today.
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City Hall, Anaheim{ California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
Councilwoman Kaywood. Any time the public is present and they want to speak,
they should be given the time to do so.
Councilman Pickler. They will have that time under the Public Interest
portion of the agenda which will suffice until an ordinance is placed on the
agenda.
Councilwoman Kaywood asked if other billboard companies were in favor of the
proposal submitted or was it strictly Regency Outdoor Advertising.
Annika Santalahti, Zoning Administrator. She believes that representatives
from other companies are present. Two years ago staff did some counts as to
who owned the billboards in the City of Anaheim. That situation may have
changed but as an informational item, the billboard count in 1986 was a~
follows: Approximately 42% were Foster & Kleiser boards, 27% were Winston,
22% Gannett Outdoor Advertising and the remainder between coast Advertising,
Independent, Regency, Martin, Metropolitan and two unknowns representing 3% or
less. She does not know the figures at present. These figures were based on
visual surveys by taking the name off the billboard itself. At that time,
there were six freeway billboards but she does not know which companies owned
which. She believes Regency had two.
Discussion then followed relative to the information visually Presented by
staff on the posted Exhibit showing in bright orange existing surface street
billboards im the City and in light orange showing the additional sites in the
proposal Mr. Farano submitted which includes intersections of commuter
arterial highways or about 17 new intersections for surface street
billboards. The dark orange dots represent approximately 56 boards where
there are anywhere from 1 to 8 billboards at the particular location. At that
time, about 87% of the signs were at intersections having 4 or fewer
billboards.
Councilwoman Kaywood. Regency is asking for freeway billboards but the only
thing they can remove are Regency boards inside the City. If they do not have
any they cannot remove any. They cannot remove any boards belonging to
another company.
Mr. Floyd Farano, Farano & Kieviet, representing Regency Outdoor Advertising.
The map prepared shows the location which they believe addltlona! billboards
can be constructed on freeways or 14 spaces. The way the proposal reads is
that freeway billboards will be permitted between the intersections of the 91
and 57 Freeways westerly to the City limits. State law prohibits putting a
freeway sign where the freeway has been landscaped. There is landscaping all
along that area so there is practically no room except near the intersection
of the 91 and 57 Freeways. The Regency proposal has been submitted in the
spirit of a group of categories or basic elements that Regency thought the
Council would want to consider in a billboard ordinance. It was not the
intent to be a complete, authoritative check list of all the provisions. If
the Council feels other provisions should be included or some of the proposals
submitted should be changed, the Council is free to do that. He then
confirmed for Councilwoman Kaywood that Regency does not have any billboards
in Anaheim. They would not lose any inner-city signs because they do not have
any.
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City Hall~ Anaheimr California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
Mayor Bay. It is obvious that the City does not have an ordinance that is
controlling billboards since staff has to do a visual count to find out how
many there are in the City.
Annika Santalahti. In order to know how many billboards there are in the
City, staff would have to research building permits. If a sign came down,
staff would have no reason to care so they would not be informed of that
taking place. An accurate way to know how many billboards there are in the
City would be to do a survey.
Floyd Farano. In February, 1986, Regency did an inventory of boards in the
City, a "windshield" check which was also given to the City staff. Miss
Santalahti aisc did the same type survey which agreed with Regency's. At that
time, there were 148 boards in the City, 90 of which were non-conforming signs
and the remaining 58 were conforming. Approximately 2/3 of the 148 inner-city
boards were 380 square feet and 1/3 were 92 square-foot signs.
Mayor Bay. They have debated the issue a number of times. He is looking for
a way to put a cap on the number of boards in the inner-city. If that means
also allowing a few on the freeway he is not opposed to that but not in
residential areas or where there is landscaping but where some non-conforming
boards exist that were put up by the County. He is also looking for a new
revenue source for the City which will include all billboards City wide. It
is his opinion something needs to be changed. There needs to be a specific
control on billboards as to how many exist, where they exist and a tracking of
when they come down as well as a control on the standards to which they were
built.
Annika Santalahti. She clarified for the Mayor that billboards are allowed at
major, primary and secondary arterial highways which are surface streets.
Regency's proposal includes commuter arterial highways as well and those are
represented by the lighter dots on the posted Exhibit which are 17 totally new
locations.
Councilwoman Kaywood. It would not take anything but three Council votes to
have a new revenue source with the billboards and to require a conditional use
permit for every new board with a time limit included so that the City does
not have to use taxpayer money to remove ugly eyesores.
councilman Hunter. He feels it is time to update a 29-year old sign ordinance
and come up with a new ordinance that is reasonable, fair and equitable and
that benefits the citizens of Anaheim. That is his concern.
Councilman Pickler. The Council can control its own destiny relative to
billboards and it is something they have to look at. There are too many
billboards and they do not look good on the 57 Freeway. Very few cities in
Orange County have billboards on the freeways. He is definitely opposed to
more billboards on the City's freeways. He has no problem with the inner-city
boards and feels those signs create more of the spending than freeway signs.
He believes there can be control on these. He will not vote for freeway
signs. He would like to have any new request for billboards come in for a
conditional use permit and that there never be more than four on one corner.
1172
City Hallr Anaheimr California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
Councilman Ehrle. He wants to know when they are going.to care about the
person who lives in the inner-city. He is in full agreement to redo the
ordinance or whatever it is going to take to eliminate one-half of the
inner-city boards. If it means charging $2,000 each so that it is not worth
having a board, that is what they will do.
Councilwoman Kaywood. The Council can do whatever it wants without putting
one single billboard on the freeway. In two weeks they can vote that every
new billboard anywhere in the City be required to have a CUP with no more
allowed by right at any corner and that in 5 years the billboard must be
removed or come in for an extension. They can also immediately increase the
business license fee. One hundred dollars per company per year as a fee for
billboards is ridiculous.
City Attorney White. State law currently provides, with some limited
exceptions, billboards that are removed under mandate by cities must be
compensated for removal. He does not have a definitive answer for the Council
today of how the CUP process would relate to the issue of requiring the
removal of a board at the end of the term of the permit. He could research
that issue and also whether it would be compensable or not.
He stated within three weeks he could prepare whatever ordinance(s) Council
gives him direction to prepare. In conjunction with that, he will submit a
report as to legal pitfalls, if any, or potential dangers. At this ti~e,
staff is looking for some direction from the Council as to what, if anything,
Council wishes them to do.
Extensive Council discussion followed revolving around the desire to reduce
inner-city boards, business license fee restructuring for billboards, removal
of non-conforming boards, recruiting a CUP for every new billboard, direction
to staff to submit information and possible alternatives, etc.
City Attorney White. He asked if the Council was asking for a draft ordinance
to come back in three weeks. He has three questions written down to respond
to: (1) The schedule under the state law for the time periods for removal or
recovery of costs for existing boards, (2) the issue of CUP's for new boards
and whether they can be required to be removed without compensation at the end
of the term of the CUP and, (3) to investigate and report on existing
litigation in other cities in Orange County relating to billboards.
Councilman Pickler. Before requesting an ordinance to be prepared he feels
the matter needs further discussion. There has been discussion about removing
signs within the City. He wants to know if that is possible and was it
realistic as far as the billboard companies who own them. He wanted to know
if that was what they were going to do. It was information he had to have
before making a decision; City Attorney White stated he will add that to the
other auestion.
Councilwoman Kaywood. She is looking for an easy-to-understand report at this
time and not an ordinance that would only confuse the issue.
1173
.... City Hall, Anaheim~ California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
Joel Fick, Planning Director. Another item he had in addition to what the
City Attorney mentioned is commentary concerning the revenues or fees charged
by other cities or agencies on billboards. That is something the Planning
Department could investigate.
Bob Simpson, City Manager. He also heard two other requests, one part of
which may have been answered. He asked if the Council wanted staff to find
out the exact location of all the billboards in the City together with the
total square footage, the latter of which is already available.
Councilman Pickler. He wants to know the total at each intersection and
whether other cities are doing the same thing or going another route.
City Manager Simpson. The item which may take time to compile is the exact
location of each billboard.
After further discussion relative to the time frame for submitting the
information to the Council, Councilman Pickler moved that the City Attorney
and Planning Staff be directed to supply the information requested by Council
to be submitted for the Council meeting of Tuesday, January 12, 1988.
Councilman Bay seconded the motion. MOTION CARRIED.
City Attorney White. He confirmed he will be responding to the four legal
issues and the Planning Department will respond to what other cities are
charging as well as sign locations which may take longer to do.
179: DISCUSSION - ZONING REGULATION IN COMMERCIAL/RECREATION AREA: To
consider possible zoning regulation in Commercial-Recreation area. Submitted
was report dated November 20, 1987, from the Planning Department, recommending
that the Council direct staff to further study possible amendments to the "CR"
zone, and to obtain Planning Commission's recommendations prior to submittal
to Council for possible adoption. This matter was continued from the meeting
of December 1, 1987, to this date.
MOTION: Councilman Pickler moved to continue discussion on the subject for
two weeks. Councilman Ehrle seconded the motion. MOTION CARRIED.
179: CONDITIONAL USE PERMIT NO. 2956: Lincoln Limited and Lincoln Property
Ltd., to permit an automobile service and commercial center in conjunction
with an existing office structure, on approximately 3.6 acres on the south
side of Lincoln Avenue, approximately 1005 feet west of the centerline of
Euclid Street (1780-1786 West Lincoln Avenue), with the following Code
waivers: (a) Minimum number of parking spaces, (b) maximum building height,
(c) minimum structural setback.
On December 8, 1987, a public hearing was held before the City Council. The
public hearing was closed at that time. The Council approved General Plan
Amendment Exhibit "A" and Reclassification No. 87-88-22 (see minutes that
date). Conditional Use Permit No. 2956 was also considered but a resolution
of approval failed to carry due to a tie vote. The matter was then continued
from the meeting of December 8, 1987, to this date, for full Council action.
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City Hall{ Anaheim{ California - COUNCIL MINUTES - December 15, 1987~ 1:30 P.M.
Annika Santalahti, Zoning Administrator. At the previous meeting, an
additional condition was inserted limiting the auto service uses listed in the
Planning Commission staff report and also listed prohibition on other uses
(see minutes of December 8, 1987). The new condition included automotive uses
that would be allowed listed under Item No. 13, 1 through 12 of the
November 9, 1987 staff report and those automotive related uses that would be
prohibited listed in the paragraph following the permitted uses.
Councilman Bay offered Resolution No. 87R-527 for adoption, granting
Conditional Use Permit No. 2956, including Item No. 13 Page 6 and 7 of the
November 9, 1987 staff report, including those automotive uses that are
prohibited. Refer to Resolution Book.
RESOLUTION NO. 87R-527: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2956.
Before a vote was taken, City Attorney White explained for the Mayor that
Councilman Ehrle should indicate if he has familiarized himself with the
hearing previously held and feels he can vote on the Conditional Use Permit.
Councilman Ehrle. Yesterday he listened to the tape of the entire hearing and
read all of the documents pertaining thereto. He gave the issue a lot of
thought and today is prepared to vote on it based on everything he has read
and heard.
Mr. Dale Falasco, General Partner, Lincoln Limited and Lincoln Property Ltd.,
answered questions posed by Councilwoman Kaywood. They do not have a specific
tenant that is auto service at this time but there is a company who has
indicated interest in a portion of the site for a tire store. They are
extremely sensitive to the kinds of services that would potentially go into
the project. Between Manchester Avenue and Brookhurst Street auto services
seem to be the predominant use. They look at the property as a mixed service
use. Ultimately the market will dictate what will be best for the property.
If they do have auto services, it will be the light clean services they have
requested. One of the possibilities is a service offering lube and oil
changes although no one has yet expressed interest in doing so.
Councilwoman Kaywood. She could not approve the latter type business being a
use in the proposed center. She reiterated her concerns with allowing
automotive uses in a new center.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 87R-527)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
A vote was then taken on the foregoing resolution:
Roll Call Vote:
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City Hall, Anaheim~ California - COUNCIL MINUTES - December 15, 1987, 1:30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter and Bay
Kaywood and Pickler
None
The Mayor declared Resolution No. 87R-527 duly passed and adopted.
106: RECOMMENDATIONS FOR BALANCING THE FISCAL YEAR 1987/88 RESOURCE
ALLOCATION PLAN: Councilman Bay moved to continue the subject to the next
Council meeting. Councilman Pickler seconded the motion.
Before action was taken, Councilman Pickler recommended that the Council ask
the City Manager to provide them with a figure by which the budget can be
reduced or give him the option to say that it cannot be done.
City Manager Bob Simpson stated he is prepared to do that if the Council
wishes. A vote was then taken on the motion of continuance to Tuesday,
January 5, 1988 with direction given to the City Manager as stated. MOTION
CARRIED.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 4889)
Councilman Pickler moved to waive the reading in full of the ordinance.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
ORDINANCE NO. 4889: Councilman Pickler offered Ordinance No. 4889 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4889: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADDING SECTION 14.32.070 OF CHAPTER 14.32 OF TITLE 14 RELATING TO OPERATIONS
OF BUSSES IN TRAFFIC LANES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance No. 4889 duly passed and adopted.
179: ORDINANCES NO. 4891 AND 4892: Amending Title 18, Reclass. 85-86-17, CL
(SC), s/e of the intersection of the Riverside Freeway and Imperial Highway
(from RS-A-43,000 (SC)), and amending Amending Title 18, Reclass. 86-87-24,
RM-1200, 302 and 306 E. Broadway (from RM-1200).
On motion by Councilwoman Kaywood, seconded by Councilman Bay, the Anaheim
City Council determined that the need to act on the following items arose
after the posting of the agenda for this meeting, on Friday, December 11,
1987, at 4:30 p.m.; and consequently waived the Brown Act requirement relative
to posting the item on the printed agenda. MOTION CARRIED.
Councilman Pickler offered Ordinance Nos. 4891 and 4891 for first reading.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - December 15~ 1987, 1:30 P.M.
ORDINANCE NO. 4891: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 85-86-17, CL (SC), s/e of the intersection of the
RiVerside Freeway and Imperial Highway)
ORDINANCE NO. 4892: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Amending Title 18, Reclass. 86-87-24, RM-1200, 302 and 306 East
Broadway).
ITEMS OF PUBLIC INTEREST:
Ann Bien, 6673 Paseo Del Norte, Anaheim. She spoke on the billboard issue
discussed earlier in the meeting and referred to an article dated February 17,
1986 in the Orange County Edition of the Los Angeles Times. She feels
everything in that article applies to what was said today. The only thing
that has changed are the amounts of money that have been given to three
Council Members. She then reported on the contributions given to Council
Members Bay, Ehrle and Pickler by both Regency Outdoor Advertising and Floyd
Farano, attorney representing that company. She also referred to the TIN Cup
ordinance not operable in Anaheim having to do with limiting campaign
expenditures and requiring people who vote on issues to abstain, depending on
the amount of money that has been contributed.
Councilwoman Kaywood requested that a copy of the article be mailed to her.
There were no further persons who wished to speak.
119: EXPRESSION OF CONDOLENCE: Councilman Ehrle thanked the Council, staff
and citizens for their many expressions of condolence on the passing of his
mother. He was very appreciative of the support he received to help him
through a difficult time.
RECESS - CLOSED SESSION: Councilman Bay moved to recess into Closed Session.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:38 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (7:44 p.m.)
ADJOURNMENT: Councilman Pickler moved to adjourn to Tuesday, December 29,
1987 at 11:00 a.m. Councilman Ehrle seconded the motion. MOTION CARRIED.
(7:45 p.m.)
LEONORA N. SOHL, CITY CLERK
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