1986/10/07City Hall~ Anaheim~ California - COUNCIL MINUTES - October 7, 1986, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
CITY CLERK: Leonora N. Sohl
CITY ATTORNEY: Jack White
CITY CLERK: LeonoraN. Sohl
FIRE CHIEF: Darrel Hartshorn
DIVISION CHIEF; Jeff Bowman
CIVIL ENGINEERING - DESIGN: Arthur Daw
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
IFJOCATION: Reverend Rick Gastil, Hotline Help Center, gave the Invocation.
FI~_3 SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
119: PRESENTATION - 1986 REUNION - USS CABOT: Mayor Don Roth explained that
he had served aboard the ship, USS Cabot, CVL-28 for a short period of time.
The 1986 Reunion of those who served on the ship was being held in Pensacola
Florida in November. It was being organized by an Anaheim resident, Ray C.
Miller. Mr. Miller was present today. The Mayor thereupon presented Mr.
Mi3.£er with a large framed photograph of the ship, one which he had in his
possession for some time.
Mr. Ray Miller accepted the photograph and explained that the ship was still
in operation but since 1955, as part of the Spanish Navy. He had served on
the Cabot from April, 1943 to November, 1944.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council and presented to Walter D. Kuchler, a
maintenance pipefitter in Public Utilities, for the heroic assistance he gave
to the Anaheim Police during an assault on a citizen on August 30, 1986.
Mayor Roth, on behalf of the City, personally commended Mr. Kuchler as did
each Council Member expressing that it was people like him that made Anaheim
such a great City.
119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted
by the City Council to be presented to the Latino Peace Officer Association
State Conference meeting to be held in Anaheim on October 11, 1986.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
832
212
City Hall~ Anaheim, California - COUNCIL MINUTES - October 7~ 1986~ 10:00 A.M.
United Way Month in Anaheim, October 1986,
Escrow Month in Anaheim, October 1986,
White Cane Safety Day in Anaheim, October 15, 1986,
Minority Enterprise Development Week in Anaheim, October 5-11, 1986,
Mental Illness Awareness Week in Anaheim, October 5-11, 1986,
Automotive Dismantling and Recycling Week in Amaheim,
October 29-November 1, 1986.
Phil Grammatica, Data Processing Director and Vivian Engelbrecht accepted the
United Way Month proclamation; Neva Golding accepted the White Cane Safety Day
proclamation accompanied by her faithful dog Katie, and Carol Schnitger
accepted the Mental Illness Awareness Week proclamation.
119: PRESENTATION - FIRE DEPARTMENT: Fire Chief Darrel Hartshorn briefed the
Council on the new rear engine fire pumpers and ladder truck acquired by the
City. He explained the innovative design which placed the engine in the rear
of the truck, thus increasing cab room and decreasing the cab noise level.
Industry responded to their request that the noise problem for firefighters be
decreased. At the same time, the new design further reduces the risk of
ftrefighter injury and provides for greater visibility. When the new engine
was on display at the International Fire Chief's Convention in Dallas, it
stole the show. He then introduced Jeff Bowman, Division Chief, who assisted
in the original design.
Jeff Bowman, Division Chief, Anaheim Fire Department explained the process
which resulted in the new design. He confirmed for the Mayor that the desig~
was done in-house and then built by Emergency One in Ocala, Florida basically
to the City's specifications. The City of Anaheim was also awarded a trophy
for the innovative design which he displayed for the Council. He thanked City
staff including the City Manager's staff and the City Council for allowing the
atmosphere in which to be innovative.
RECESS: By general consent, the Council recessed to participate in a
demonstration of the five new engines and ladder truck which were parked in
front of the Civic Center. (10:36 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (11:28 a.m.)
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councllwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Roth seconded the
motion. MOTION CARRIED.
833
Cit~ Hall, Anaheim, California - COUNCIL MINUTES - October 7~ 1986, 10:00 A.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,276,629.80, in
accordance with the 1986-87 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 86R-440 through 86R-451, both inclusive, for
adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance
Nos. 4766 through 4769, both inclusive, for first reading.
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 Patrick Raymond Ellis for damages sustained
purportedly due to actions of the City on or about June 30, 1986.
b. Claim submitted by Nick J. Green for property damage sustained
purportedly due to actions of the City on or about July 21, 1986.
c. Claim submitted by George Barragan for personal injury sustained
purportedly due to actions of the City on or about May 7, 1986.
d. Claim submitted by William R. Porreca for property damage sustained
purportedly due to actions of the City on or about July 6, 1986.
e. Claim submitted by Todd Maitlen, AKA Clovis for property damage
sustained purportedly due to actions of the City on or about June 28, 1986.
f. Claim submitted by David Joseph Evans for bodily injury sustained
purportedly due to actions of the City on or about April 24, 1986.
g. Claim submitted by Daniel Solo for bodily injury sustained purportedly
due to actions of the City on or about May 9, 1986.
h. Claim submitted by Avon Transport Services, Inc. for property damage
sustained purportedly due to actions of the City on or about May 29, 1986.
i. Claim submitted by Yvonne M. Atkyns for property damage sustained
purportedly due to actions of the City on or about July 15 and 18, 1986.
Claims filed against the City - Recommended to be accepted:
J. Claim submitted by Scott A. Kalcic for property damage sustained
purportedly due to actions of the City on or about June 10, 1986.
k. Claim submitted by William Loupe for property damage sustained
purportedly due to actions of the City on or about July 29, 1986.
2. Approving the following applications in accordance with the
recommendations of the Chief of Police:
834
Cit7 Hall, Anaheim, California - COUNCIL MINUTES - October 7, 1986, 10:00 A.M.
a. 108: Public Dance Permit, submitted by Jesus M. Frias for Empresa
Frias, to hold a dance at the Anaheim Convention Center on October 11,
1986 from 6:00 p.m. to 1:00 a.m.
b. 108: Public Dance Permit, submitted by Nick Ramirez for New
Generation Productions, to hold a dance at the Anaheim Convention Center
on October 18, 1986 from 8:00 p.m. to 1:00 a.m.
3. 123: Authorizing the City Manager to execute an agreement with the North
Orange County Regional Occupational Program (NOCROP), in an amount not to
exceed $54,480.82, to permit NOC~OP to administer the Job Training Partnership
Labor Market Information Project, for the term July 1, 1986 to June 30, 1987.
4. 123: Authorizing the City Manager to execute Agreement No. 01-7-934 and
any modification thereto with the Orange County Job Training Partnership
Agency in the amount of $12,800 to provide funds for the operation of the
Title III Set-Aside funds, for the period September 1, 1986 through June 30,
1987.
5. 128: Receiving and filing the Monthly Financial Analysis for one month
ended July 31, 1986.
6. 123: Extending the agreement with Anaheim Union High School District
relating to the tennis courts at Magnolia and Savanna High Schools for an
additional 10 year period to expire November 30, 1996.
7. 123: Authorizing License Agreement No. 11006139-25 with the Atchison
Topeka and Santa Fe Railway Company in the amount of $500 for right-of-way
access to install a fiber optic communication line for transmissions between
the Maintenance Department and facilities located at 901 East Vermont Avenue.
8. 151: Authorizing an Encroachment License with Eddie H. and Linda D.
Florence to allow an encroachment of a spa into 2 feet of a public utility
easement on property located at 1900 Cedar Creek Circle.
9. 106: Amending the 1986-87 Resource Allocation Plan to include the
Broadway Street and Storm Drain Improvement from Euclid Street to Broadview
Street, increasing Revenue and Expense Accounts by $1,098,000.
10. 123: Authorizing an agreement with Randall K. Meyer, dba Meyer and
Associates, in the amount of $32,075, to provide professional design services
for the expansion of the recreation building and other park improvements at
Manzanita Park.
11. 123: Authorizing an agreement with Anaheim Union High School District to
Jointly finance the School Year Park Ranger Program for the term commencing
September 20, 1986 until June 30, 1987.
12. 123: Authorizing the Human Resources Director to execute an amendment to
the contract with FHP, Inc. to delete duplicate dental coverage.
13. 160: Authorizing the Purchasing Agent to issue a change order to the
835
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City Hall, Anaheim, California - COUNCIL MINUTES - October 7, 1986, 10:00 A.M.
Anaheim Public Improvement Corporation in the amount of $15,095 for
additions/modifications to fire pumpers purchased, in accordance with Bid No.
A-4301.
14. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent
to issue a purchase order without competitive bidding to Anaheim Public
Improvement Corporation in the amount of $16,695 for 150,000 Anti-theft Book
Detection Strips.
15. 164: RESOLUTION NO. 86R-440: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (KERSHAW
CONSTRUCTION) (Awarding a contract to the lowest and best responsible bidder,
Kershaw Construction, in the amount of $177,404, for West Street Storm Drain
Improvement, Account Nos. 25-791-6325-E1530 and 52-606-6329-05775)
16. 169: RESOLUTION NO. 86R-441: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (B-1 ENTERPRISE
CORPORATION) (Awarding a contract to the lowest and best responsible bidder,
B-1 Enterprise Corporation, in the amount of $46,063, for Barrier Free Anaheim
No. 11, Account No. 17-793-6325-E3150)
17. 175: RESOLUTION NO. 86R-442: A ILESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK,
(LENAIN FILTRATION PLANT MODIFICATIONS AND IMPROVEMENTS) (Accepting the
completion of construction of the Modifications and Improvements of the Lenain
Filtration Plant, Account No. 52-619-6329-02320, Kiewit Pacific Company,
contractor, and authorizing filing of the Notice of Completion therefor)
18. 176: RESOLUTION NO. 86R-443: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (86-2A) (Declaring intent to abandon a
former Edison utility easement located on the west side of Lakeview Avenue,
south of MiralomaAvenue, Abandonment 86-2A, and setting a date for the public
hearing therefor, suggested date: November 4, 1986, 1:30 p.m.)
19. 158: RESOLUTION NO. 86R-444: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting certain irrevocable
offers for street and public utilities and/or facilities for Arlee Place
cul-de-sac west of East Street, R/W 3621)
20. 103: RESOLUTION NO. 86R-445: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM INITIATING A PROPOSAL FOR A C~NGE OF ORGANIZATION DESIGNATED
Am REORGANIZATION NO. 80 AND APPROVING A NEGATIVE DECLARATION IN CONJUNCTION
THEREWITH. (Initiating a proposal for a change of organization designated as
Reorganization No. 80 and approving a negative declaration in conjunction
therewith)
21. 153: RESOLUTION NO. 86R-447: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND ANAHEIM FIREFIGHTERS ASSOCIATION LOCAL NO. 2899. (Approving a
Letter of Understanding with the Anaheim Firefighters Association Local No.
836
208
City Hall, Anaheim~ California - COUNCIL MINUTES - October 7~ 1986~ 10:00 A.M.
2899, amending Article 36 of the Memorandum of Understanding to change
vacation accrual and use during industrial accident leave, effective
October 1, 1986)
22. 153: RESOLUTION NO. 86R-448: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM ANDANAHEIM
FIREFIGHTERS ASSOCIATION LOCAL NO. 2899. (Authorizing an agreement with the
Anaheim Firefighters Association Local No. 2899, amending the Memorandum of
Understanding relating to Fire Fighter II salary steps, effective October 1,
1986)
23. 153: RESOLUTION NO. 86R-449: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGXEEMENT BETWEEN THE CITY OF ANAHEIM AND ANAHEIM
FI~EFIGHTEES ASS0CIATION LOCAL NO. 2899. (Authorizing an agreement with the
Anaheim Firefighters Association Local No. 2899, amending provisions of the
Memorandum of Understanding to permit vested employees to withdraw funds from
the Employee Sick Leave Trust Fund, effective October 1, 1986)
24. 153: RESOLUTION NO. 86K-450: A EESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPEOVING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM ANDANAHEIM
FIREFIGHTEKS ASSOCIATION LOCAL NO. 2899. (Authorizing an agreement with the
Anaheim Firefighters Association Local No. 2899, amending Article 43 of the
Memorandum of Understanding pertaining to travel and mileage reimbursement,
effective October 1, 1986)
25. 158: RESOLUTION NO. 86K-451: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN ILEAL PROPERTIES OR INTERESTS THEREIN.
26. 101/124/142: ORDINANCE NO. 4766: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 7.16.120 OF CHAPTER 2.16 OF TITLE 7 RELATING TO POSSESSION OF
INTOXICATING LIQUOR. (Amending Section 7.16.120 of the Code, relating to
possession of intoxicating liquor within any stadium, exhibition hall, arena
or convention center owned or operated by the City)
101/124/142: ORDINANCE NO. 4767: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTION 7.16.125 TO CHAPTF~ 7.16 OF TITLE 7 RRI~TING TO POSSESSION OF
CONTAINERS. (Adding Section 7.16.125 to the Code, relating to possession of
containers restricted within any stadium, exhibition hall, arena or convention
center owned or operated by the City.
27. 135/142: ORDINANCE NO. 4768: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SUBSECTION .01015 TO SECTION 1.16.030 OF CHAPTER 1.16 OF TITLE 1 RRTATING TO
PROHIBITED CONDUCT ON CITY GOLF COURSES. (Adding Subsection .01015 to Section
1.16.030 of the Code, relating to intoxicating liquor on the City golf courses)
28. 149/142: ORDINANCE NO. 4769: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW SUBSECTION .2310 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING. (Adding Subsection
.2310 to Section 14.32.190 of the Code relating to no parking at anytime on
both sides of Anaheim Boulevard, from Ball Road to Cerritos Avenue)
837
City Hall, Anaheim~ California - COUNCIL MINUTES - October 7~ 1986, 10:00 A.M.
Roll Call Vote on Resolution Nos. 86R-440 through 85R-451, both inclusive,
with the exception of Resolution No. 86R-446:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 86R-440 through 86R-451, both inclusive,
with the exception of Resolution No. 86R-446, duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
164: PROPOSED STORM DRAIN BOND PROJECTS: Approving a tentative schedule for
the $10,000,000 storm drain project.
Mr. Bill Erickson, 301 North Street, referred to the priority list. In
1986/87 Central City had $19,500 allocated from Community Development Block
Grant (CDBG) funds. Engineering estimated storm drain costs of approximately
$195,000. Funds for construction have not been secured and those funds are
not on the proposed list. For South Anaheim, $200,000 has been set aside for
design and part of the construction costs for 1986/87 also from CDBG funds.
Engineering estimates a total cost of construction of approximately $500,000.
The rest of the funds have not been secured at this time. This storm drain is
located on Goodhue at Walnut Street. He is speaking for the Central City on
their proposed storm drain. He asked if it was possible to use redevelopment
funds for the project. There was not enough money in the $10 million to take
care of that project. If they were not now on the list, it will be moved
forward to 1988/89.
Arthur Daw, Chief Design Engineer. In response to Mr. Erickson's concerns
regarding the Vine Street storm drain and the Walnut Goodhue projects, those
projects were approved last year. $19,000 was appropriated for the design
phase for Vine Street and $200,000 for design and initial construction for
Walnut Goodhue was approved for CDBG funds. At the time the Committee was
reviewing these projects, it was the understanding of the Committee that these
would be the priority capital improvement programs which would be approved
with CDBG money for Fiscal Year 1987/88. The CDBG Committees are presently
meeting and in November there will be the initial meeting of the complete
Committee to review projects ~or 1987/88 Fiscal Year. Those two specific
projects, while they are a vital concerm to the respective areas, on a
City-wide priority basis do not rate as high as the projects recommended on
the priority list. Answering the Mayor, Mr. Daw also stated it appears CDBG
funds will gradually be reduced and eventually be eliminated.
Mayor Roth stated he was sympathetic to what Mr. Erickson had to say.
However, he had to rely on the expertise of the Engineering Department with
regard to priorities. It was also his understanding that the Gramm-Rudman Act
was also going to bring about a 30 percent decrease in funding from the
Federal Government which would affect the funding for the projects in the
future. He asked for an expression from his colleagues and also the City
Manager.
838
City Hall, A--heim~ California - COUNCIL MINUTES - October 7~ 1986t 10:00 A.M.
City Manager William Talley stated that staff had addressed the major issues
in Anaheim. If the Council approved the 1986/87 schedule, the Council was
approving the vast majority of the $10 million thereby committing
approximately $8 million of the $10 million.
Councilwoman Kaywood stated the $10 million was coming in unexpectedly because
of the storm drain bond issue approved by the voters and unable to be
implemented at the time. It should assist in moving things forward and
hopefully the Lemon Street project will also be expedited even though it was
not included on the present list.
Mr. Daw explained for Councilman Bay relative to Lemon Street, there was a
storm drain constructed in that street from Anaheim Boulevard to Commercial
Street that was constructed with E.D.A. money completed approximately a year
ago. In the budget this year is the continuation of that project.
Councilman Bay stated one of the reasons he agrees with staff on the list of
proposed projects, with a large storm drain Job, and Euclid Street is a large
Job, since the City was going to have $10 million in bonds, that was the time
to look at those big Jobs. There is no way to his knowledge to piece-meal the
important Euclid Street work which is back in priority to where it was when
the citizens group initially met.
Councilwoman Kaywood moved to approve the tentative schedule for the
million storm drain project as listed on the proposed Storm Drain Bond Project
list submitted under memorandum dated September 29, 1986 from the City
Engineer Gary Johnson. Councilman Bay seconded the motion. MOTION CARRIED.
123/167: INSTALLATION AND MAINTENANCE OF LAKEVIEW AVENUE SIGNAL IMPROVEMENT
PROJECT: Mayor Roth commented on the fact that the subject improvement was a
vital and long overdue project because of the hazardous intersection
involved. Cai-Trams was the holdup in signalization the intersection of
Lakeview Avenue and Santa Ana Canyon Road and Lakeview Avenue westbound
91-Freeway offramps. It has only been through the hard work of staff that the
project was before the Council today for approval.
Paul Singer, Traffic Engineer, stated that not only did staff finally get the
project approved through the State, but with it they are paralleling the
approval of apaeifie plans. The City has undertaken the responsibility of
construction of the signal modifications and the new signals in order to
expedite installation of the improvements. Funds are currently budgeted for
the project and plans will be signed either this week or next by Cal-Trans
followed by the bidding procedure, advertising, and construction as moon as
possible. The project will be completed in the current fiscal year. After
the location is improved, it will be a very safe route of travel.
Councilman Roth offered Resolution No. 86R-446 for adoption, authorizing
District Agreement No. 3784 with the California Department of Transportation
to provide for funding in the amount of $207,990 with City share of $138,666
for installation and maintenance of the Riverside (91) Freeway to Lakeview
Avenue Signal Improvement Project. Refer to Resolution Book.
839
City Hall, Anaheim~ California - COUNCIL MINUTES - October 7~ 1986, 10:00 A.H.
RESOLUTION NO. 86R-446: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID
DISTRICT AGREEMENT NO. 3784.
Roll Call Vote:
AYES: COUNCIL MEMBERS; Kaywood,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Overholt, Bay, Pickler and Roth
The Mayor declared Resolution No. 86R-446 duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held September 15, 1986, pertaining to
the following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2785 (READV.): Submitted by Lee C. Hunter, to
permit a retail and wholesale carpet and petroleum based floor covering
business on ML zoned property located at 1807 North Raymond Avenue.
The City Planning Commission, pursuant to Resolution No. PC86-233, granted
Conditional Use Permit No. 2785 (Ready.), and granted a negative declaration
status.
Councilwoman Kaywood expressed her opposition to Conditional Use Permit No.
2785. She is concerned about allowing this kind of business in an industrial
area. There will be an influx of such businesses into that area because those
businesses will be in a position to charge less than those who are located in
the commercial area because of lower rental rates. The industrial area is
supposed to be there to create jobs and a revenue flow to the City.
2. CONDITIONAL USE PERMIT NO. 2341 (READV.)--REVISED PLANS: Submitted by
Kellie L. Campbell, for approval of revised plans for Conditional Use Permit
No. 2341, to permit a 100 unit senior citizen's apartment complex on property
located at 730-810 North Loafs Street, with Code waiver of maximum structural
height.
The City Planning Commission, pursuant to Resolution No. PC86-234, approved
Conditional Use Permit No. 2341 (Ready.) - revised plans, and previously
approved a negative declaration status.
3. P~CLASSIFICATION NO. 86-87-5: Submitted by Leroy B. Shultz, et al, for a
change in zone from RM-2400 to RM-1200 to construct a 7-unit apartment complex
on property located at 213 South Walnut Street.
The City Planning Commission, pursuant to Resolution No. PC86-238, granted
Reclassification No. 86-87-5, and granted a negative declaration status.
4. CONDITIONAL USE PERMIT NO. 2840: Submitted by Kee Whan and Kyung Hee Ha,
to permit an automotive repair school on ML zoned property located at 831-837
East Orangethorpe Avenue, with Code waiver of minimum number of required
parking spaces.
84O
City Hall, Anaheim, California - COUNCIL MINUTES - October 7, 1986~ 10=00 A.M.
The City Planning Commission, pursuant to Resolution No. PC86-239, granted
Conditional Use Permit No. 2840, and granted a negative declaration status.
5. CONDITIONAL USE PER2ilT NO. 2842: Submitted by Orangethorpe Promenade, to
permit a sandwich shop with off-sale beer and wine on ML zoned property
located at 2378 East 0rangethorpe Avenue.
The City Planning Commission, pursuant to Resolution No. PC86-240, granted in
part, Conditional Use Permit No. 2842, and granted a negative declaration
status.
6. VARIANCE NO. 3593: Submitted by Joseph M. and Aurora Kerley, et al, to
establish a two lot single family residential subdivision and retain a storage
shed on RS-HS-43,000 zoned property located at 5141 Crescent Drive, with Code
waiver of minimum required setback.
The City Planning Commission, pursuant to Resolution No. PC86-241, granted
Variance No. 3593, and ratified the Planning Director's categorical exemption
determination, (Class 15).
7. VARIANCE NO. 3591: Submitted by Jesus Garcia, to construct 1 additional
unit and retain 2 units for a total of 3 units on RH-1200 zoned property
located at 326 South Philadelphia Street, with the following Code waivers:
(a) Minimum number of parking spaces, (b) minimum floor area of dwelling
units, (c) minimum yard requirement.
The applicant withdrew his application.
8. TENTATIVE PARCEL MAP NO. 86-158--WAIVER OF HILLSIDE GRADING ORDINANCE:
Mark Johnson, requesting waiver of the requirement of the Hillside Grading
Ordinance as it relates to the location of manufactured slopes within
residential lots in Tentative Parcel Map No. 86-158, located south of Santa
Aha Canyon Road and west of Fairmont Boulevard.
The City Planning Commission granted approval to Tentative Parcel Map No.
86-158 Waiver of Hillside Grading Ordinance. (Public hearing to be held at a
later date).
9. KATET3.A REDEVELOPMENT PROJECT AREA: Submitted by Planning Department,
request to formulate and adopt Preliminary Plan through resolution selecting
Project Area, establishing boundaries and authorizing transmittal of same to
Community Redevelopment Commission and Redevelopment Agency for preparation of
the Project Redevelopment Plan.
The City Planning Commission, pursuant to Resolution No. PC86-243, approved
Katella Redevelopment Project Area.
10. GENERAL PLAN AMENDMENT NO. 220~ RECLASSIFICATION NO. 86-87-8 AND VARIANCE
NO. 3595: Submitted by Mr. & Mrs. Rueben De Leon and Margaret Ennis, to
consider an amendment to the Land Use Element of the General Plan
redesignating subject study area from low-medium density residential
designation to medium density residential designation for an area of
841
City Hall, Anaheim, California - COUNCIL MINUTES - October 7, 1986, 10:00 A.M.
approximately 6.3 acres north of Center Street extending on both sides of
Coffman and Cypress Streets, proposed change in zone from RS-7200 to RM-1200,
to construct a 36-unit apartment complex, with Code waiver of maximum
structural height.
The City Planning Commission, pursuant to Resolution Nos. PC86-235, 236 and
237, denied General Plan Amendment No. 220, Reclassification No. 86-87-8 and
Variance No. 3595 and denied a negative declaration status.
The decision of the Planning Commission was appealed by the applicant and
therefore, a public hearing will be scheduled at a later date.
11. AREA DEVELOPMENT PLAN NO. 108: Submitted by Wattson Company, to amend
Area Development Plan No. 108, Exhibit D, to delete a portion of La Mesa
Avenue, west of White Star Avenue and north of the Riverside Freeway to
develop the property with an industrial complex.
The City Planning Commission, pursuant to Resolution No. PC86-242, denied Area
Development Plan No. 108, and granted a negative declaration status.
The decision of the Planning Commission was appealed by the applicant and
therefore, a public hearing will be scheduled at a later date.
End of Planning Commission Informational Items. MOTION CARRIED.
179: PROPOSED CODE AMENDMENT: Request by Dale T. Falasco, Newport West
Properties, to amend Subsection 18.61.050 of the Code to include self-storage
as a conditional use in the CL zone. At their meeting of September 15, 1986,
the Planning Commission recommended that the Code be amended in accordance
with the request.
Councilman Roth moved to approve the recommendation of the Planning Commission
relative to the proposed Code Amendment. Councilman Overholt seconded the
motion.
Before a vote was taken, Councilwoman Kaywood stated she is concerned relative
to the action and this use, unless there is an unusually-shaped parcel of
laud, they will begin to see parcels of land that could have 8ood use taken up
by self storage. She is not sure it is that attractive to put in a commercial
zone.
A vote was then taken on the foregoing motion. Councilwoman Kaywood voted
no. MOTION CARRIED.
City Attorney Jack White stated that the ordinance was prepared and had been
distributed and asked if the intention today was to offer the ordinance for
first reading.
Councilman Roth offered Ordinance No. 4770 for first reading.
ORDINANCE NO. 4770: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING TITLE 18, CHAPTER 18.44, SECTION 18.44.050 BY ADDING SUBSECTION
18.44.303 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO ZONING.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 7, 1986~ 10:00 A.M.
Councilman Pickler stated that he too, had a concern with the proposed
ordinance but due to the fact that each request would be subject to the
conditional use permit process it will give the City Council the necessary
control.
Councilwoman Kaywood stated that she had seen some self storage buildings in
the City that have used garish colors and it was not at all attractive.
Mr. White explained if color was going to be a concern, that concern should be
expressed as part of the hearing process and a condition imposed.
Councilman Bay stated other than in the redevelopment project area, it has
been the practice of the Council not to have direct control on the aesthetics
of buildings. He would be opposed to any suggestions that aesthetic control
start to be written into zoning ordinances.
Councilwoman Kaywood stated she was not suggesting aesthetic controls, but was
pointing out abuses.
170: TENTATIVE TRACT NOS. 10969 (REV. 2) AND 10970 (REV. 2): Submitted by
Bryant Financial Corporation, request to amend the conditions of approval (in
particular Condition No. 25), and for approval of specific plans, with waivers
of a) minimum garage setback and b) minimum distances between buildings to
construct two 62-1ot, condominium subdivisions on approximately 40.4 acres on
the east side of Stage Coach Road and Camino Grande, and both sides of
Hackamore Lane, southwest of the intersection of Nohl Ranch Road and Serrano
Avenue,.
The City Planning Commission approved Tentative Tract Nos. 10969 (Rev. 2) and
10970 (Rev. 2). There was no action taken by Council. MOTION GARB/ED.
179: AMENDING RESOLUTION NO: 86R-355: Councilman Pickler offered Resolution
No. 86R-452 for adoption amending Resolution No. 86R-355, Reclassification
No. 85-86-21, nunc pro tunc, to correct a clerical error. Refer to Resolution
Book.
RESOLUTION NO. 86R-452: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARAHEIM AMENDING, NUNC PRO TUNG, RECLASSIFICATION NO. 85-86-21 AS SET FORTH IN
KE$0LUTION NO. 86K-355.
Roll Gall Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler amd Roth
None
None
The Mayor declared Resolution No. 86R-452 duly passed and adopted.
105: SENIOR CITIZENS COMMISSION - REQUESTING APPOINTMENT TO THE ORANGE COUNTY
AREA AGENCY ON AGING TRANSPORATION COMMITTEE: Councilman Roth moved to
appoint Walter Joyce as the City representative on the Orange County Area
Agency on Aging, Senior Citizens Advisory Council, Transportation Committee,
as requested and recommended by Frances Scherman, Chairperson of the Senior
Citizens Commission in memorandum dated October 1, 1986. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
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City Hall~ Anaheim, California - COUNCIL MINUTES - October 7~ 1986~ 10:00 A.M.
108/142: PROPOSED ORDINANCE RETATING TO VENDING FROM VEHICLES: Amending
Section 14.32.310 of the Code relating to vending from vehicles and
establishing permit application and appeal fees pursuant to Section 14.32.310
of the Code. This matter was discussed and continued from June 17, July 1, 8,
22, August 26 and September 9, 1986, to this date.
City Attorney Jack White explained that before the Council today was a
revision to the proposed ordinance that was last before the Council on
September 9, 1986. The revisions generally reflect recommendations that had
been made by the Chamber of Commerce and have been incorporated into the
latest version of the ordinance. One other change that came about as a result
of the recent change to State law provides that vending from vehicles would be
permitted on any public street in the City pursuant to the procedures set
forth in the ordinance rather than the current ordinance which now bans
vending from vehicles in any "Business District." A Business District in the
Vehicle Code is defined to include apartment house areas where more than 50
percent of the street frontage for a length of 300 or more feet is improved
with apartment houses. This would be a deviation from both the current
ordinance and previous drafts in that, if adopted, vending from vehicles would
be permitted at any location in the City if the vendor complied with all
limitations set forth in the ordinance.
Floyd Farano, President, Anaheim Chamber of Commerce.
The Chamber Sub-Committee, at its September 24, 1986 meeting,
again reviewed the matter. The meeting included representatives
from the four Neighborhood Councils, commercial and residential
vendors and City staff (see letter from the Chamber of Commerce
dated October 2, 1986). A resolution was adopted which
generally supports the proposed ordinance as presented by the
City Attorney with the exception that the Chamber does support
the pushcarts called "human power" devices in the ordinance so
long as they fully comply with all other aspects of the law.
They should be permitted the opportunity to engage in this
business, but should not be relieved from any other compliances
or aspects of the law.
Mayor Roth noted that pushcarts on the sidewalk have been a
serious problem to some people; Mr. Farano stated they did not
want pushcarts on the sidewalk but that pushcarts should be
allowed to undertake the business but not so that they will be a
public nuisance. If a nuisance, they should be instructed to
operate on the street. Besides pushcarts by hand, there are
power-driven carts. These would not be safe to operate on the
sidewalk but on the street.
Mr. Farano then reported for Councilwoman Kaywood that at the
meeting, the residents were generally in support of the
ordinance. Some felt there should not be any vending permitted
at all. The majority of those who were present, and there were
four different persons who appeared from three different
neighborhoods, one lady felt strongly that street vending should
not be permitted. The others felt it should at least be
regulated.
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He reiterated relative to pushcarts, the Chamber does not see it
as a problem but as a legitimate business and if permitted
should comply with all requirements involved.
Mayor Roth then asked if there were any vendors who wished to speak:
Pedro Vasquez, 67 South Shelton, Santa Ana, President of the
Commerciantes Latinos of Southern California.
They are not very happy with the proposed ordinance. Their
concerns are with regard first to the amplified music
provision. They cannot eliminate music but can control it. He
suggested when the vendors are moving that they be able to use
the amplified music but when they stop that they eliminate the
music. The next concern is the 500-foot limit between stops.
If they have to stop every 500 feet, it would limit their
business. They suggest that they be able to stop wherever they
need to. They also do not want to stay in one place all day.
They cannot make a living by staying in one place. Regarding
licensing, there is a provision stating a vendor is not
qualified if there is a misdemeanor conviction.
Mayor Roth interrupted and questioned Mr. Vasquez relative to
his concern over the misdemeanor conviction provision.
City Attorney Jack White explained there is a provision that a
license can be denied or revoked for conviction of certain
crimes, but it does not include all misdemeanors. It does not
include conviction for minor traffic offenses. Page 7 and the
top of Page 8 of the proposed ordinance contained those
provisions wherein it states to be eligible to hold a permit,
the vendor must not have been convicted or pleaded guilty or
nolo contendre within the last five years prior to his
application for any misdemeanor or felony involving a crime of
moral turpitude or drug related misdemeanor or felony. It goes
on to define those types of crime. It is a very limited type of
crime that would be applied. The purpose is to attempt to
protect the public from certain types of crime more prone to be
committed by persons who have this type of contact with the
general public and often young children.
Mr. Vasquez then explained that Mr. Sarmiento, their lawyer,
would like to review the ordinance. He had been present at the
meeting earlier but was unable to stay at the meeting.
Mayor Roth stated they would be glad to hear from Mr. Sarmiento
and he encouraged Mr. Vasquez to have Mr. Sarmiento present next
Tuesday when the ordinance would be considered for adoption.
Frank Morales, Administrator for the Neighborhood Improvement
Program of Anaheim (NIPA).
He was present to speak for the residents and resident leaders
in the Chevy Chase area only. When he was hired as a
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 7~ 1986~ 10:00 A.M.
consultant, he had two charges - to.reverse the deterioration in
the area and to make it a nicer place for everyone to live for
the residents, the City and the businesses. In the last year,
he has met with owners, residents and some businesses in
attempting to solve the problem not only with the noise,
congestion, traffic and some of the health hazards, but also the
drug situation, some prostitution and a lot of overcrowding.
The vendor situation was only one of the situations they have
tried to resolve. They found as a result of the uncontrolled
vending situation in the area, it was creating traffic problems,
street hazards, a lot of noise and trash that was not there
before and would not be there if the vendors had not been
there. He is not against the vendors and the NIPA is not
against them. Their concern is to reverse the deterioration in
the area. The residents are still of the opinion that in the
past few months since they brought Code Enforcement in, the
neighborhood has been a nicer place in which to live. Since the
injunction, there have been 15 to 20 vendors coming in - the
noise is back and the trash is back. He has received a minimum
of 12 calls from residents asking what has happened. Now they
have the environment they had in the past. There are more of
the drug dealers coming back in the past two weeks, the
prostitution is back and they are dealing with that situation
right now. Residents and parents are concerned. If necessary,
he could bring those residents to the meeting. The residents
trust him and want him to speak for them. The congestion is
there, the traffic is there and the vendors do not carry their
own trash bags. Residents do not have a place to put their
trash. Relative to pushcarts, it is the opinion of the
residents and resident leaders if they are allowed to come in
everyone is going to have to be allowed in and they prefer not
to have any.
Councilman 0verholt stated that legally the City cannot prevent
vendors from coming into the City but the City can regulate them
and the intention is to try to do so to eliminate some of the
ills about which Mr. Morales was complaining. The vendors are
now organized and have an attorney and it seems there is someone
Mr. Morales could talk to on behalf of the residents.
Otherwise, those residents who are really upset should be
present at next week's meeting.
Mr. Morales stated they have read the ordinance as proposed by
Code Enforcement and the residents agree with it. He confirmed
it is more liberal than they would like it to be but they could
live with it. Their concern is that if adopted, the ordinance
should be enforced. If it could be worked out so that the
noise, traffic and congestion is mitigated, that is what the
residents want.
Councilman Overholt offered Ordinance No. 4725 for an amended first reading
incorporating the changes as explained by the City Attorney.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 7~ 1986~ 10:00 A.M.
ORDINANCE NO. 4725: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
14.32.310 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO VENDING FROM VEHICLES.
Mr. Vasquez wanted to speak to some of the issues raised by Mr.
Morales. The trash was there because the apartments do not have
enough containers for residents to dump trash. They pick up the
trash only once a week. The vendors do not cause traffic
congestion and they are not involved in drugs. They are
concerned when they hear that drugs are back because the vendors
are back in the area. The vendors do not deal in drugs at all.
John Poole, Code Enforcement Supervisor, explained they have
worked out a situation with the trash contractor where trash is
picked up in each of the bins in that community twice a week.
Two pick ups appear to be enough at this time but when there is
a large influx of vendors, there are trash problems.
Mr. Vasquez explained the vendors keep their trash and the trash
is then taken to his yard where he has a bin. He has a
32-gallon container and saves all his trash and also on the back
of his truck he has a compartment that holds 15 pounds of
trash. The vendors have a meeting every weekend and he
recommends to the vendors that they do not empty their trash
into apartment bins.
Additional questions were then posed to staff by Council Members regarding
additional provisions of the ordinance.
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. 40-92-4~; 221 N. Beach Blvd.
vs. City of Anaheim, Orange County Superior Court Case No. 49-96-03.
(b) To discuss labor relations matters - Government Code Section
54957.6.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:47 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:40 p.m.)
179: PUBLIC HEARING - VARIANCE NO. 3590 AND NEGATIVE DECLARATION:
APPLICANT:
Remo and Antonietta Gizzi
21752 Queensbury
E1 Toro, Ca. 92630
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City Hall, Anaheim~ California - COUNCIL MINUTES - October 7~ 1986, 10:00 A.M.
ZONING/LOCATION/REQUEST: CL zoned property, located at 1895 West Katella
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)
HEARING SET ON:
Appealed by Randy McFarland, agent for the applicant. This matter was
continued from the meeting of September 23, 1986, to this date.
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.
City Clerk Leonora Sohl announced that revised plans have been submitted and
were approved by the Planning Commission on September 29, 1986.
STAFF INPUT:
Annika Santalahti, Assistant Director for Zoning.
The Commission, in originally denying the item, were concerned
with the extent of the parking variance which was about 45
percent of Code. The square footage of the building has now
been reduced thereby permitting additional parking - the
deviance from Code is now 78 percent. The Commission was not as
concerned as they were previously.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She still has a problem with half of the parking being a
variance because of the location. There cannot be any parking
on Katella Avenue. Employees or somebody else will be parking
in residential streets.
APPLICANT'S
STATEMENT:
Randy McFarland.
In the adjacent properties there is vacant parking. It is the
intention of the owner to get a reciprocal parking agreement
with the auto parts store. They are going to remodel that
building as soon as they get finished with this one. The auto
parts store has been in that location for about 19 years and
their parking lot is seldom full. Parking for the auto parts
store is very low usage.
Paul Singer, Traffic Engineer.
The appearance of this project has been revised until it now
closely resembles what the actual needs in the area are. The
parking demands on the adjacent property are quite low. He
feels confident the parking is adequate as stated in the parking
study.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 7~ 1986~ 10:00 A.M.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
In answer to Councilwoman Kaywood, Mr. McFarland explained at
the outset they circulated plans through the neighborhood which
started out with a building in the middle of the property with
rear delivery and a trash area in the back. The neighbors did
have a problem with that. They did have opposition from the
neighbors in the beginning but they satisfied everybody before
going to the Planning Commission.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CAR/LIED.
Councilman Roth offered Resolution No. 86R-453 for adoption, granting Variance
No. 3590, reversing the findings of the City Planning Commission but subject
to Interdepartmental Committee recommendations and subject to revised plans
(Rev. 2) with an amendment to Condition No. 9 to provide that no restaurant
uses shall be established on the property unless parking is provided in
accordance with Code. Refer to Resolution Book.
RESOLUTION NO. 86R-453: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3590.
Roll Call Vote:
AYES: COUNCIL MEMi~$: Kaywood,
NOES: COUNCIL MEMBF2,S: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No.
0verholt, Bay, Pickler and Roth
86R-453 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3589:
APPLICANT:
Henry and Juana Ulloa
1513 East Broadway
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: To construct two additional units and retain a
single-family dwelling for a total of 3 units on RM-1200 zoned property
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located at 327 South Clementine Street, with the following Code waivers:
(a) Minimum yard requirement, (b) minimum recreation-leisure area.
PLANNING COMMISSION ACTION: Resolution No. PC86-223 granted Variance No.
3589, approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of September 9, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 26, 1986.
Posting of property September 26, 1986.
Mailing to property owners within 300 feet - September 26, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 18, 1986.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She is concerned the project will be overbuilding the property.
The parking being provided is also tandem. She wanted to know
if those would be assigned to the same apartments.
APPLICANT'S
STATEMENT:
Henry Ulloa.
The tandem parking spaces will be assigned to the same units.
They are also assigning enclosed garages, one for the single
bachelor unit and two for the two-bedroom unit (front house) and
two enclosed garages for the additional three-bedroom unit.
They are adding a family room to the existing home. It is a
two-bedroom unit.
Councilwoman Kaywood.
Technically the existing home is considered a three-bedroom
according to Code. If it can be used as a bedroom, it is called
a bedroom. She wanted to know if that was taken into
consideration for the amount of parking provided.
Annika Santalahti, Assistant Director for Zoning.
The square footage would still be within the requirement for the
two-and-one-half parking spaces. If exceeding 1,225 square
feet, the applicant would be required to provide an additional
parking space. Plans show it to be 1,137 square feet. It has
been considered as a third-bedroom. The proposal does comply
with the terminology of the Code for multiple-family parking.
Ten parking spaces are being provided.
Henry Ulloa.
He confirmed the units will be rentals and they will be rented
under the HUD program. They will limit the number of people
renting and that is the reason why they are renting under the
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HUD program. That program is strict about the number of people
renting. He also explained relative to objection from neighbors
that at the last meeting, the church was concerned about the
parking and the possibility of tenants parking on their
property. However, he is providing more than enough parking
spaces. The height is no problem.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, 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.
Councilman Bay offered Resolution No. 86R-454 for adoption, granting Variance
No. 3589, subject to City Planning Commission conditions. Refer to Resolution
Book.
RESOLUTION NO. 86R-454: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3589.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 86R-454 duly passed and adopted.
Mayor Koth left the Council Chamber and turned the meeting over to Mayor Pro
Tem Pickler. (2:00 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2834:
APPLICANT:
Everett H. Miller, Trustee et al
2700 Roycroft Avenue
Long Beach, Ca. 90803
REQUEST/ZONING/LOCATION: 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.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - October 7~ 1986, 10:00 A.M.
PLANNING COMMISSION ACTION: Resolution No. PC86-229 denied Conditional Use
Permit No. 2834, approved EIR - Negative Declaration.
HEARING SET ON:
Appealed by Shell Oil Company.
PUBLIC NOTICE REQUIREMF~TS MET BY:
Publication in Anaheim Bulletin September 26, 1986.
Posting of property September 26, 1986.
Mailing to property owners within 300 feet - September 26, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 3, 1986.
City Clerk Leonora Sohl announced that letter dated October 6, 1986 from Dale
Lewis, Shell Oil Company Just submitted requests a continuance of the hearing
to October 14, 1986. Mr. Lewis was present in the Chamber audience.
APPLICANT'S
STATEMENT:
Mr. Dale Lewis, Shell Oil Company (Agent).
The continuance is being requested due to the fact that their
business manager could not be present at the hearing today and
also that there will be possible revisions in their plans.
Councilman Pickler asked if there would be an objection to
continuing the hearing to October 28, 1986 since he might not be
present at the next Council meeting; Mr. Lewis had no objection.
Mayor Pro Tem Pickler then asked if anyone was present to speak to the issue
either in favor or in opposition; no one was present.
MOTION: Councilman Bay moved to continue public hearing on Conditional Use
Permit No. 3834 and Negative Declaration therefore to Tuesday, October 28,
1986 at 1:30 p.m. Councilman 0verholt seconded the motion. Councilman Roth
was absent. MOTION CARRIED.
RECESS - CLOSED SESSION: Councilman Pickler moved to recess into Closed
Session. Councilwoman Kaywood seconded the motion. Councilman Roth was
absent. MOTION CARRIED. (2:02 p.m.)
AFTER RECESS: Mayor Pro Tem Pickler called the meeting to order, all Council
Members being present with the exception of Councilman Roth. (3:00 p.m.)
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood
seconded the motion. Councilman Roth was absent. MOTION CARRIED. (3:01 p.m.)
LEONORA N. SOHL, CITY CLERK
852