1986/09/23City Hall, Anaheim, California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
AB SENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
(Kaywood entered at 10:17 a.m.; Overholt entered at 10:18 a.m.)
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY TREASURER: Mary Turner
ASSOCIATE PLANNER: Leonard McGhee
ASSOCIATE PLANNER: Greg Hastings
CODE ENFORCEMENT SUPERVISOR: John Poole
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - INTERMOUNTAIN POWER PROJECT: Utilities General Manager
Gordon Hoyt presented a plaque depicting the first unit of the Intermountain
Project in Utah, which became commercially available in June of 1986. The
City Council was furnished with copies of a brochure containing the program
for the celebration of the First Generation held September 10, 1986, and Mr.
Hoyt outlined the construction milestones to date.
119: RESOLUTION OF CONGRATULATIONS: Resolutions of Congratulations were
unanimously adopted by the City Council and presented to Kurt Haunfelner, upon
his retirement from the Anaheim Union High School District, and Carl Karcher,
along with his brother Don, accepted a Resolution of Congratulations upon 45
years in business.
119: RATIFICATION OF PROCLAMATION: The City Council unanimously ratified the
"Wish for Wings" Program proclamation which was presented to Aaron Howser,
wishing Aaron and his family a happy visit to the Disneyland's Magic Kingdom.
Councilwoman Kaywood entered the Council Chamber. (10:17 a.m.)
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held September 2 and 9, 1986. Councilman Pickler seconded the
motion. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
793
City ~11, A~heim, California - COUNCIL MINUTES - September 23, 1986, 10:00 A.M.
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,631,536.45, in
accordance with the 1986-87 Budget, were approved.
Councilman Overholt entered the Council Chamber. (10:18 a.m)
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth,
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; Councilman Roth offered
Resolution Nos. 86R-416 through 86R-422, both inclusive, for adoption. Refer
to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Automobile Club of Southern California (Claim No.
PR-4001105) for property damage sustained purportedly due to actions of the
City on or about July 3, 1986.
b. Claim submitted by Jeff Grulkowski for property damage sustained
purportedly due to actions of the City on or about May 9, 1986.
c. Claim submitted by James J. Bachle & Webster West Apartments for
equitable indemnity for a lawsuit, sustained purportedly due to actions of the
City on or about May 12, 1985.
d. Claim submitted by Patricia Marie Wilson for bodily injury sustained
purportedly due to actions of the City on or about August 11, 1986.
e. Claim submitted by Gregory W. Madonna for bodily injury sustained
purportedly due to actions of the City on or about April 18, 1986.
Claims Filed Against the City - Recommended to be Accepted:
f. Claim submitted by Vernice Cluff for property damage sustained
purportedly due to actions of the City on or about May 6, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 107: Planning Department, Building Division-Monthly Report for August
1986.
b. 105: Community Redevelopment Commission, Minutes of August 13, 1986.
c. 105: Senior Citizens Commission, Minutes of August 14, 1986.
794
City Hall, Anaheim, California - COUNCIL MINUTES - September 23~ 1986, 10:00 A.M.
d. 105: Community Services Board, Minutes of August 14, 1986.
3. 106: Approving an additional revenue appropriation in the amount of
$401,161.24 into the Motorized Equipment Supply Fund (72) for the purchase of
fire fighting apparatus.
4. 123: Authorizing an agreement with the County of Orange and the cities of
Santa Aha, Huntington Beach, Garden Grove, Fullerton, Orange, Fountain Valley,
Irviu<~~ Brea, Newport Beach and San Juan Capistrano, to provide representation
on the ~.~.~gional Hazardous Waste Management Joint Powers Authority; and
approving appropriation of ~909.10 from the Council Contingency Fund for the
membership fee.
5. 170/123: Approving a reimbursement agreement with Camino Grande Villas
for special water facilities in Anaheim Hills, relating to Tract No. 10968.
6. 170!123: Approving the assignment of special facilities reimbursement
agreeme~ with Anaheim Hills Development Corporation or its predecessor,
Texaco Anaheim Hills Corporation, to Municicorp of California relating to
Eastridge, Parkview, Westfield, Tract Nos. 9465, 10996, 10997 and 10998 in
Anaheim Hills.
7. 170/123: Approving the assignment of a special facilities reimbursement
agreement with Chaparral Development Corporation to Municicorp of California,
relating to Tract No. 12658 in Anaheim Hills.
8. 177/174: Authorizing the Mayor to execute a letter of endorsement for an
application for funds under Section 8 of Title II of the Housing and Community
Development Act of 1974 to provide 48 additional units of low-income housing.
9. 160: Accepting the low bid of Pacific Envelope Company, in the amount of
$18,868 for utility bill envelopes, in accordance with Bid No. A-4365.
10. 167: RESOLUTION NO. 86R-416: ARESOLUTION 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. (Ball Road
Pedestrian Signal at Webster, Account No. 49-794-6325-E4350; and opening of
bids on October 16, 1986, 2:00 p.m.)
11. 167: RESOLUTION NO. 86R-417: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAMEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: BAT3. ROAD CIRCULATION IMPROVEMENT HES L060(003) AND KATETJ.~/LEWIS SIGNAL
MODIFICATION HES L030(009). (Accepting the completion of construction of the
Ball Road Circulation Improvements HESL060(003), Katella/Lewis Signal
Modification HESL030(009), Account Nos. 49-794-6325-E4270 and
49-795-6325-E5340, Nobest, Inc., contractor, and authorizing filing of the
Notice of Completion therefor)
795
City Hall, Anaheim, California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
12. 146: RESOLUTION NO. 86R-418: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RATIFYING THE REQUEST OF THE CITY OF BUENA PARK FOR MEMBERSHIP
IN THE SANTA ANARIVER FLOOD PROTECTION AGENCY.
13. 174: RESOLUTION NO. 86R-419: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TO CONTINUE A MINORITY BUSINESS PROGRAM FOR ALL PROJECTS IN
THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION
FUNDING AND ESTABLISHING A MINORITY BUSINESS GOAL OF 12.33% AND WOMEN BUSINESS
ENTERPRISE GOAL OF 2% FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1986.
(Authorizing the continuation of a Minority Business Program for all projects
in the City receiving United States Department of Transportation funding and
establishing a minority business goal of 12.33% and women business enterprise
goal of 2% for the period of October 1, 1986 through September 30, 19871~
14. 150/109: RESOLUTION NO. 86R-420: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL
COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF
1984 FOR MAXWELL PARK, PERALTA CANYON PARK, EUCALYPTUS PARK AND MODJESKA
PARK. (Authorizing the City Manager or his designee to submit applications
for grant funds under the Regional Competitive Program of the California Park
and Recreational Facilities Act of 1984 for Maxwell Park--ballfield lighting
refurbishment in the amount of $60,000, Peralta Canyon Park--group picnic
shelter improvements in the amount of $55,000, Eucalyptus Park--picnic shelter
improvements in the amount of $35,000 and Modjeska Park--group picnic shelter
improvements in the amount of $55,000)
15. 158: RESOLUTION NO. 86R-421: 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.
16. 140/109: RESOLUTION NO. 86R-422: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR
HISTORIC PRESERVATION GRANT FUNDS FOR CARNEGIE LIBRARY REHABILITATION PROJECT
FROM THE CALIFORNIA PARK AND RECREATION FACILITIES ACT OF 1984. (Authorizing
the City Manager or his authorized designee to execute an application for
Historic Preservation Grant Funds in the amount of ~291,000 for Carnegie
Library Rehabilitation Project, located at 241 South Anaheim Boulevard, from
the California Park and Recreation Facilities Act of 1984)
17. 123: Authorizing a contract with the County of Orange for Police
participation in the California Identification System (CAL-ID) in Orange
County, for the period July 1, 1986 to June 30, 1996, with provision for
additional periods of 10 years each, with a provisional use share of
approximately ~80,550 for fiscal year 1986/87.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickier and Roth
None
None
The Mayor declared Resolution No. 86R-416 through 86R-422, both inclusive,
duly passed and adopted.
796
City Hall, Anaheim, California - COUNCIL MINUTES - September 23~ 1986, 10:00 A.M.
End of Consent Calendar. MOTION CARRIED.
000/10]~ :~NAHEIM STADIUM PARKING FEES: Recommendation by Stadium General
Manag .iliam Turner, that parking fees for Anaheim Stadium be increased
from ~o $5 for all major league Play-Off and World Series Games, as
requested by the California Angels, was removed from the Consent Calendar for
discussion.
Councilman Pickler expressed his opposition to raising the fees for parking at
the Stadium, and felt that the City has a responsibility to the fans and to
the people of Anaheim. He noted that the City receives only a $2,000 rental
fee and no percentage of the receipts for Play-Off and World Series Games,
which are controlled by the American League and the Commissioner of Baseball.
It was pointed out by the City Manager that in accordance with terms of the
labor agreement, costs to the City are increased 50% over the norm during
these games; staff levels must be increased to accommodate the crowds who
require more municipal services.
Councilman Roth offered Resolution No. 86R-423 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 86R-423: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING FEES FOR PARKING AT ANAHEIM STADIUM FOR CALIFORNIA ANGELS
LEAGUE CHAMPIONSHIP SERIES AND WORLD SERIES GAMES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth
COUNCIL MEMBERS: Pickler
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 86R-423 duly passed and adopted.
105: RESIGNATION - COMMUNITY SERVICES BOARD: Councilwoman Kaywood moved to
accept the resignation of Donna S. Gaston, Community Services Board, with
regret, and authorized the City Clerk send a letter of appreciation and to
post an unscheduled vacancy.
170/123: SUBDIVISION AGREEMENT - TENTATIVE TRACT NO. 12576: On motion by
Councilwoman Kaywood, seconded by Councilman Pickler, Subdivision Agreement
with Peralta Limited, A California Limited Partnership, for Tentative Tract
No. 12576, was approved as requested by Victor Construction Company, and the
Mayor and City Clerk were directed to execute said agreement. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held September 3, 1986, pertaining to the
following applications were submitted for City Council information.
1. RECLASSIFICATION NO. 85-86-35 AND VARIANCE NO. 3565: Submitted by Rasul
Mohaghegh, et al, for a change in zone from RM-2400 to RM-1200, to construct a
6-unit apartment complex on property located at 314 West Elm Street, with the
797
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City N~I, Anaheim, California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
following Code waivers: (a) maximum building height, (b) maximum site
coverage, (c) minimum landscaped setback.
The City Planning Commission removed this item from the calendar, to be
readverttsed at a later date.
2. CONDITIONAL USE PERMIT NO. 2819: Submitted by Far West Savings & Loan
Assoc., (American Fidelity Corp.), to permit a church in an existing
industrial building on ML zoned property located at 3584 Enterprise Drive,
with Code waiver of minimum number of parking spaces (deleted).
The City Planning Commission, pursuant to Resolution No. PC86-227,
Conditional Use Permit No. 2819, in part for 3 years, and granted a ne~..
declaration status.
3. CONDITIONAL USE PERMIT NO. 2155 (READV.)--REVISED PLANS: Submitted by
Nazih Nader, (Euclid Street Baptist Church), to amend Condition No. 3 of
Resolution No. PC80-233 to permit revised plans for Conditional Use Permit No.
2155, to permit a church on ML(SC) zoned property located at 5425 East La
Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC86-232, approved
Conditional Use Permit No. 2155 (Ready.), and had previously approved a
negative declaration status.
4. GENERAL PLAN STUDY AREA: Submitted by Planning Staff, requesting
direction concerning General Plan Amendment Study area boundaries Coffman and
Cypress Street. ~
Inclusion of all parcels was recommended by the Planning Commission.
5. VARIANCE NO. 3590: Submitted by Remo and Antonietta Gizzi, to construct a
commercial shopping center on CL zoned property located at 1895 West Katella
Avenue, with the following Code waivers: (a) minimum number of parking
spaces, (b) maximum building height, (c) minimum landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC86-228, denied
Variance No. 3590, and granted a negative declaration status.
The City Planning Comm{ssion's decision was appealed by the applicant and,
therefore, a public hearing is scheduled to be held at today's afternoon
Council session.
6. CONDITIONAL USE PERMI.T NO. 2834: Submitted by Everett H. Miller, Trustee
et al, to permit a foodmart with off-sale beer and wine in conjunction with
self-serve gasoline sales on CL zoned property located at 956 South Brookhurst
Street, with Code waiver of minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC86-229, denied
Conditional Use Permit No. 2834, and granted a negative declaration status.
798
City Hall, Anaheim, California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
The City Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
7. CONDITIONAL USE PERMIT NO. 2838: Submitted by Elwood F. Johnson, et al,
(Games Plus), to retain on-sale beer in a billiard parlour and amusement
arcade on CL zoned property located at 3242 West Lincoln Avenue.
The City Planning Commission, pursuant to Resolution No. PC86-230, denied
Conditional Use Permit No. 2838, and granted a negative declaration status.
The City Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing is scheduled to be held at today's afternoon
Council session.
End of Planning Commission Informational Items. MOTION CARRIED.
134: CE~Ei~L PLAN AMENDMENT NO. 219 - DATE AND TIME FOR A PUBLIC HEARING:
Councilman Pickler moved to set the date and time for public hearing on GPA
No. 219, as Tuesday October 28, 1986, 1:30 p.m. to consider the following:
Amendment of the Land Use Element of the General Plan proposing a
redesignation from the hillside low density residential (5.7 acres and
commercial recreation (5.6 acres) designations to a general open space
designation on approximately 1.3 acres extending along the west side of
Anaheim Hills Road from Santa Aha Canyon Road a distance of approximately 2800
feet. Councilman Roth seconded the motion. MOTION CARRIED.
179/142: PROPOSED ORDINANCE AMENDING THE DEFINITION OF A BASEMENT: Amending
Section 18.01.030 of the Code, amending the definition of basement.
Previously submitted was report dated September 2, 1986 from Annika
Santalahti, Assistant Director of Zoning. The matter was subsequently
continued from the meeting of September 9 and 16, 1986, to this date. Report
dated September 16, 1986 was also submitted, recommending changes to the
proposed ordinance as a result of the issues discussed and direction of the
Council at the September 9, 1986. (See minutes of September 9 and 16, 1986).
City Attorney Jack White reported that as a result of a meeting between his
office and the Planning Department staff, Subsection IV of the proposed
ordinance had been revised to read: "A garage for vehicle parking purposes,
when said garage is located closer than 150 feet to (a) any single-family
residential zoned property; (b) any RSA-43,000 zoned property; (c) any
single-family dwelling located in a multi-family zoned property. Also, the
definition of "basement" would then apply in these instances to regard a
garage used for parking as a story, when it met one of the 3 criteria under
Roman Numeral IV. It would not regard sub-surface parking as a "story" for
purposes of the height limitation in any other situation. As proposed, the
ordinance would have first reading today, final on October 1, 1986 and be
effective 30 days thereafter.
Due to the question about effective date, ordinances were prepared with both
dates discussed - September 9 and September 30, 1986.
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City Hall, Anaheim~ California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
The City Clerk reported that copies of the proposed ordinance, as revised, had
been sent to all who had indicated interest.
Mr. John Garcia, 112 E. Lincoln, Orange, representing S-mmerhill, developers
of properties at Broadway and Citron Streets, requested clarification of the
effective date for this ordinance. If retroactive, it would affect his
project, and he expressed the need for sufficient time to allow conformance.
Brief discussion was held, and Councilwoman Kaywood expressed concern that
some plans which are not too well thought out could be prematurely submitted
in order to be excluded from the new ordinance provisions.
Councilman Bay suggested that the ordinance be prepared for urgency sta;
effective for both dates, September 9 and September 30, 1986, and be sub:.. ..ed
on September 30, 1986 for action. Interested parties could be invited to
speak at that time.
Mr. Garcia objected to the effective date of September 9, 1986, as set forth
in the current ordinance draft, noting that his development at the southeast
corner of Broadway and Citron Streets was not within 150 feet of a
single-family residential zone, but was within 150 feet of a single-family
dwelling. If forced to conform to the proposed new ordinance, it would
seriously affect the financing of the project.
It was pointed out that a variance from the requirement could be requested.
Councilwoman Kaywood offered Ordinance No. 4763 for first reading.
ORDINANCE NO. 4763: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.01.030 OF THE ANAHEIM MUNICIPAL CODE, AMENDING THE DEFINITION OF BASEMENT.
(Date retroactive to September 9, 1986)
179/142: ORDINANCE NO. 4764: Councilman 0verholt offered Ordinance No. 4764
for first reading.
ORDINANCE NO. 4764: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.01.030 OF THE ANAHEIM MUNICIPAL CODE, AMENDING THE DEFINITION OF BASEMENT.
(Date retroactive to September 30, 1986)
149/142: ORDINANCE NO. 4762: Councilman Bay offered Ordinance No. 4762 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4762: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
14.32.220 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PROHIBITION OF PARKING
ON PRIVATE AND PUBLIC PROPERTY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
8OO
2¸9.
City Hall, Anaheim, California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
The Mayor declared Ordinance No. 4762 duly passed and adopted.
119: LETTER OF CONDOLENCE: Councilman Overholt moved to direct staff to
prepare a letter expressing the City Council's condolences and forward it to
Mrs. William (Mary Lou) Phillips on the passing of her husband.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held to confer with its City Attorney regarding:
(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; Mitsui Manufacturers
Bank/City of Anaheim L.A.S.C. Case No. C481710, 221 N. Beach Blvd.,
Inc. vs. City of Anaheim O.C.S.C. Case No. 49-96-03.
Significant exposure to litigation for the City, relating to enclosed
parking garages, Convention Center.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:20 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:35 p.m.)
123/112: AGREEMENT BETWEEN CITY OF ANAHEIM AND & MITSUI MANUFACTURERS BANK:
Councilman Roth moved to approve an agreement between the City of Anaheim and
Mitsui Manufacturers Bank; Law Firm of Cotkin, Collins Kolts & Franscell to
execute on behalf of the City. Councilman Bay seconded the motion. MOTION
CARRIED.
179/112: PUBLIC HEARING - TO CONSIDER REVOCATION OR MODIFICATION OF
CONDITIONAL USE PERMIT NO. 828: Councilman Roth moved to set a public hearing
date, October 14, 1986, to consider revocation or modification of Conditional
Use Permit No. 828: City Attorney to issue subpoenas in the name of City to
compel attendance of any witnesses deemed necessary. Councilman Overholt
seconded the motion. MOTION CARP~ED.
134/179: PUBLIC HEAKING - GENERAL PLAN AMENDMENT NO. 218 (KEADV.);
RECLASSIFICATION NO. 86-87-3 (READY.), VARIANCE NO. 3588 (KEADV.) AND NEGATIVE
DECLARATION:
APPLICANT: D & D Development Company
11008 Norwalk Blvd.,
Santa Fe Springs, Ca. 90670
ZONING/LOCATION/KEQUEST: Change in zone from KS-A-43,000 to RM-1200 and
redesignation from iow density residential and low-medium density residential/
propert? located at 2900-2920 East Lincoln Avenue/to construct a 220-unit,
2-story ~partmeut complex, with Code waivers of maximum structural height and
minimum structural setback and yard requirement.
801
City Hall, Anaheim~ California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
PLANNING COMMISSION ACTION: Pursuant to Resolution Nos. PC86-217, 218 and 219
the City Planning Commission approved General Plan Amendment No. 218, granted
Reclassification No. 86-87-03 for RM-2400 zoning and denied Variance No. 3588;
approved EIR - Negative Declaration.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 11, 1986.
Posting of property September 12, 1986.
Mailing to property owners within 300 feet - September 12, 1986.
PLANNING STAFF INPUT:
See Staff Report dated August 4, 1986.
APPLICANT'S
STATEMENT:
Camille Courtney, D & D Development Company.
Referred to the letter submitted requesting this matter be
continued pending their negotiations with the neighborhood.
advised that her firm is also in negotiations to sell the
subject property, and consequently the project under
consideration may not ever become a real project.
The request is to continue to mid-November.
She
COUNCIL ACTION:
The Mayor asked if there was anyone present either in favor or opposition, and
whether they would be agreeable to a continuance.
Kimberley Keys, 614 Westgate Drive, who lives adjacent to the
property in question, advised that the area residents are
opposed to the density of the project as proposed with RM-1200
zoning, but would be agreeable to a continuance.
A petition with 260 signatures in opposition had been submitted.
MOTION: On motion by Mayor Roth, seconded by Councilwoman Kaywood, the Public
Hearing on General Plan Amendment No. 218, Reclassification No. 86-87-3 and
Variance No. 3588 was continued to the meeting of November 18, 1986, at
1:30 p.m. MOTION CARRIED.
179: PUBLIC HEARING - VARIANCE NO. 3590 AND NEGATIVE DECLARATION:
APPLICANT: Remo and Antonietta Gizzi
21752 queensbury
E1 Toro, Ca. 92630
ZONING/LOCATION/REQUEST: CL zoned property, located at 1895 West Katell~
Avenue, to construct a commercial shopping center with code waivers of: ~a)
minimum number of parking spaces, (b) maximum building height, (c) minimum
landscaped setback.
PLANNING COMMISSION ACTION: The City Planning Commission approved a Negative
Declaration and denied Variance No. 3590. (PC86-228)
802
City Hall, Anaheim~ California - COUNCIL MINUTES - September 23~ 1986, 10:00 A.M.
HEARING SET ON:
Appealed by Randy McFarland, agent for the applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 13, 1986.
Posting of property September 12, 1986.
Mailing to property owners within 300 feet - September 12, 1986.
PLANNING STAFF INPUT:
See Staff Report dated August 18, 1986.
APPLICANT'S
STATEMENT:
Written request was submitted from Mr. McFarland dated
September 3, 1986, for continuation of this hearing to
October 7, 1986.
COUNCIL ACTION:
The Mayor asked if there was anyone in attendance either in favor or
opposition.
The Applicant's Agent, Mr. McFarland was present, and there were
no other persons present either in favor or opposition.
MOTION: On motion by Councilman Roth, seconded by Councilman Pickler, the
public hearing on Variance No. 3590 was continued to the meeting of October 7,
1986. MOTION CARRIED.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2838 AND NEGATIVE
DECLARATION:
APPLICANT:
Elwood F. Johnson, et al. (Games Plus)
1848 W. Almond Avenue
Orange, Ca. 92668
ZONING/LOCATION/REQUEST: CL zoned property, located at 3242 West Lincoln
Avenue/to retain on-sale beer in a billiard parlour and amusement arcade.
PLANNING COMMISSION ACTION: Denied by the Planning Commission. (PC86-230)
HEARING SET ON:
Appealed by Clayton Peters, Owner.
PUBLIC NOTICE REQUIR~TS MET BY:
Publication in Anaheim Bulletin September 11, 1986.
Posting of property September 12, 1986.
Mailine to property owners within 300 feet - September 12, 1986.
PLA/qi~,, ~TAFF INPUT:
See Stai£ Report dated September 3, 1986.
8O3
City Hall, Anaheim~ California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
APPLICANT'S
STATEMENT:
Clayton Peters, 21581 Newland, Huntington Beach
Pauline Peters, same address.
George Katsampes, 518 West 19th Street, Costa Mesa.
Mr. Katsampes, explained he was the original applicant for this
Conditional Use Permit. He advised that the CUP was originally
granted with provision for a review in 6 months. When the 6
months came and went, without any word received by him, he
assumed the review had taken place and the 6-month period was
over, and the CUP was permanently in place. Some 3 years
later, the subsequent owners and operators, the Peters'
discovered that the CUP was no longer valid. After research and
discussion, it was determined that the easiest route to take
would be to apply for a new Conditional Use Permit, which was
denied by the Planning Commission. It was Mr. Katsampes opinion
that the Planning Commission did not want to take on
jurisdiction for this decision since it was originally a Council
decision, and that was part of their basis for denial.
Clayton Peters. He and his wife have operated the business for
3 years and have done a lot of work on the facility to keep the
business going. He stated there were no complaints that he knew
of against the business, although there are problems in the
parking lot. He advised that he has called the Anaheim Police
Department on several occasions for problems in the parking lot,
and apparently the report which has come out has attributed the
problems to his business.
Mrs. Peters advised they have been in this business 3 years and
are committed to a 10 year lease. Without the CUP to allow beer
it will be difficult to make their business successful.
Mr. Katsampes addressed the list of offenses on the Police
Report of which they had obtained a copy. He noted that Mr.
Peters runs a very good operation and adheres to strict policies
and that most of the problems listed there are because of where
the business is located, and the problems associated with that
particular shopping center and the increased number of
unsupervised teenagers congregating there. He noted that it is
because of the Lucky 7-11 Market that most of the teenagers meet
there and not because of this billiard parlour.
Mr. Katsampes also referred to the letter and research perfn~med
on behalf of the Peters' indicating the City's record was
unclear as to whether the 6-month period was to be a "trial'~
period or a "review" period, and as to what would happen
subsequently to the Conditional Use Permit.
PUBLIC DISCUSSION:
IN FAVOR: Elwood F. Johnson, Manager of the shopping center.
Advised that this shopping center seems to have inherited the
804
City Hall, Anaheim, California - COUNCIL MINUTES - September 23, 1986~ 10:00 A.M.
teenage problem over the past two years. He indicated what he
has tried to do to discourage use of skateboards, bicycles and
motorcycles on the sidewalks and he discussed the problem with
the Police Department. He has been working very hard to clean
the problems up. He is of the opinion that since his
surveillance the loitering problem has been cleared up. (It has
moved to another location). He stated the billiard parlor does
not create problems and should be permitted to continue to sell
beer to their patrons.
In response to Mayor Roth, Mr. Johnson attributed a large part
of the teenage problem to the location of the center vis a vis
the high school and the two apartment complexes. He noted that
the billiard parlour does not appear to be a place that the
teenagers patronize. He noted that he does have this same
problem in other centers which his company manages.
STAFF INPUT:
Sergeant Brantley, Anaheim Police Department referred to the
Police Report dated August 14, 1986. He noted that this
location is a small commercial center where problems have
manifested themselves since 1985. Police Department records
show the contacts by the P.D. have escalated annually since
1982. There are two other businesses which have ABC licenses,
in this center - Lucky 7 Market and Trails West Bar.
Sergeant Brantley noted that 19 of the contacts shown on the
Police Report were initiated by Games Plus. The officers do not
ask individuals where they are coming from and it is not known
if these incidents were inside or outside that location. The
most recent update of the report brings it to 21 contacts. He
also noted that Games Plus hold a type 40 license which allows
anyone regardless of age to enter the premises. The formal
recommendation of the Police Department at this time is that the
Conditional Use Permit in question not be granted or renewed.
OPPOSED: None.
EXHIBITS MATERIALS SUBMITTED:
None
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Bay.
Disagreed with Mr. Katsampes, that the record was unclear. He
thought it was very clear from both the minutes and the City
Council Resolution that at the end of 6 months of operation the
Conditional Use Permit would be scheduled for review by the City
Council, apparently that did not happen, and that is part of the
problem these business owners are facing.
Leonard McGhee, Associate Planner.
The Planning Department does have a manual tickler card system
for review of items such as this, however, this one was not
scheduled.
8O5
City Hall, A~-heim, California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
FINAL SUMMATION BY APPLICANT:
Both Mr. Clayton Peters and Mr. Katsampes discussed the various
incidents as they could recall them, which were reported on the
Police Report. Both indicated it was unfair to label Mr.
Peters' business as the generator of these incidents when, in
fact, he has been one of the tenants most interested in
enforcing the law and had on some of those occasions acted in
the role of a good samaritan, by allowing victims, etc. to use
his telephone.
At the conclusion of discussion and questioning of both Mr. Katsampes, Mr.
Peters and Mr. Johnson, there was a consensus among Council members that to
remove the Games Plus business would not by itself improve the problems at
this shopping center, and in fact, might create additional problems by being
replaced with an additional cocktail or beer license.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN:
The Conditional Use Permit was offered with a review to be
scheduled in 6 months.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilman 0verholt, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received,
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Roth offered Resolution No. 86R-424 for adoption, reversing the
findings of the City Planning Commission and approving Conditional Use Permit
No. 2838, subject to all Interdepartmental Conditions for a period ending in 6
months with public hearing scheduled to review this operation on
March 24, 1987, at 1:30 p.m. Refer to Resolution Book.
RESOLUTION NO. 86R-424: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVED CONDITIONAL USE PERMIT NO. 2838 FOR A PERIOD OF § MONTHS WITH
PUBLIC HEAi~ING SGHEDULED FOK REVIEW ON MARCH 24, 1987, AT 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, 0verholt, Bay and Roth
Pickler
None
The Mayor declared Resolution No. 86R-424 duly passed and adopted.
In response to question from the owners as to what the scheduled public
hearing meant as to their day-to-day operation, Jack White, City Attorney
8O6
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
advised they would be permitted to operate through midnight March 24, 1987
under the currently approved Conditional Use Permit, and any further operation
would be dependant upon Council's action to be taken on March 24, 1987.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2802:
APPLICANT:
Munkyo Cho and Hyon Sun Cho
806 North Brookhurst Street
Anaheim, Ca. 92801
ZONING/LOCATION/REQUEST: ML zoned property located at 806 North Brookhurst
Street/to retain an auto towing, impound and repair facility with code waivers
of (a) minimum structural setback and minimum yard (b) minimum dimensions of
parking spaces (c) minimum number and type of parking spaces.
PLANNING COMMISSION ACTION: The Planning Commission approved the negative
declaration and granted CUP No. 2802 in part, waiver b was deleted (PC86-207).
HEARING SET ON:
Request of Council Member Kaywood at the meeting of August 26, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 11, 1986.
Posting of property September 12, 1986.
Mailing to property owners within 300 feet - September 12, 1986.
PLANNING STAFF INPUT:
See Staff Report dated August 4, 1986.
Prior to hearing from the applicant, Councilwoman Kaywood
pointed out the reasons she had set this item for public
hearing, primarily because of the 16 tandem parking spaces and
overall number of spaces provided. She noted that the Code
requirement is for 117 parking spaces, whereas the applicant
proposes 31 marked open spaces, 16 tandem spaces and there is
one two-car garage on site being used for storage. She also
noted that tandem parking spaces are permitted only in
conjunction with residential uses, not commercial and industrial.
APPLICANT'S
STATEMENT:
Larry Denning, 2301 East Santa Fe Avenue, Apt. 5, Fullerton.
He explained that the tandem parking spaces are for employee
parking and are located behind the gates. The garage is
presently being vacated by the person storing items there and
will be available for parking.
PUBLIC DISCUSSION:
IN FAVOR: None
OPPOSED: None
EXHIBITS MATF~IALS SUBMITTED:
None
807
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City Hall, An~heim~ California - COUNCIL MINUTES - September 23~ 1986~ 10:00 A.M.
STAFF INPUT:
John Poole, Code Enforcement Supervisor, in response to
Councilwoman Kaywood, stated that they have had some complaints
regarding general unsightliness of this operation. An
inspection this date indicated that the driveway frontage has
been put in but not paved, that they are still leaving the gates
on the north side open and are parking vehicles on the dirt lot,
the trash container is still in view.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS:
Councilwoman Kaywood was of the opinion that some kind of either
time limitation or review should take place of this operation in
6 months. She was concerned that the items outlined by Mr.
Poole receive attention and in particular that the required
paving be completed prior to the rainy season.
FINAL SUMMATION BY APPLICANT:
Mr. Denning explained that bids have been requested to
accomplish the paving and they have had only one response. That
their policy is only to have the gates open for trucks to load
and are looking into an electronically controlled gate to
resolve this situation. The trash enclosure is included in the
bid for asphalt paving. They estimate that this work will cost
in the area of $15,000 and are attempting to obtain a loan which
will cover these improvements.
CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN:
Code Enforcement staff review to take place in 6 months with
report to Council as to whether or not the requirements have
been met.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Overholt, 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.
Councilwoman Kaywood offered Resolution No. 8BR-425 for adoption, upholding
the findings of the City Planning Commission and granting Conditional Use
Permit No. 2802 with Staff review to take place 6 months from this dat~
(March 24, 1987) and report to the City Council.
RESOLUTION NO. 86R-425: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO?,=~--~--~:WITH STAFF REVIEW TO TAKE
PLACE 6 MONTHS FROM THIS DATE (MARCH 24, 1987).
C.U.P#2802
Roll Call Vote:
808 -
City Hall, Anaheim, California - COUNCIL MINUTES - September 23, 1986, 10:00 A.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 86R-425 duly passed and adopted.
RECESS TO CLOSED SESSION: Councilman Roth moved to recess to closed session
to consider those items set forth by the City Attorney earlier in the
meeting. Councilman Bay seconded the motion. MOTION CARRIED (3:15 p.m.)
ADJOURNMENT: On motion by Councilman Roth, seconded by Councilwoman Kaywood,
the City Council adjourned this meeting to Wednesday September 24, 1986, at
8:00 a.m. in the Embassy Room of the Disneyland Hotel. MOTION CARRIED.
(4:25 p.m.)
Wednesday, September 24, 1986, Embassy Room, Disneyland Hotel:
RECONVENED: Mayor Koth called the adjourned regular meeting to order at 8:00
a.m. in the Embassy Room of the Disneyland Hotel, for the purpose of
Participating in the Vision 2000 Workshop. Ail Councilmembers were present.
ADJOURNED: Councilwoman Kaywood adjourned the adjourned regular meeting of
September 24, 1986 was adjourned.
ADJOURNED: 5:05 P.M.
LEONORAN. SOHL, CITY CI,~R.K
809