1992/05/05City Hall, Anaheim, California - COUNCIL MINUTES - MAY 5, 1992 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
C(F~N~IL MEMBERS: Simpson, Ehrle, Daly and Hunter
COUNCIL MEMBERS: Pickler
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
ASSISTANT CITY MANAGER: Jim Armstrong
PROGRAM DEVELOPMENT AND AUDIT MANAGER: Ken Stone
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:50 p.m. on May 1, 1992 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Hunter called the workshop portion of the meeting of May 5, 1992 to
order at 3:05 p.m., all Council Members being present with the exception of
Council Member Pickler.
106: PRESENTATION - PROPOSED FY 1992-93 BUDGET:
City Manager, James Ruth. He presented to the Council the City of Anaheim
proposed 1992/93 FY budget. (See summary booklet - Resource Allocation Plan
City of Anaheim - 1992/93 and the line item budget). Staff has been working
year-round on the budget and there have been fourteen meetings to date with
the Council appointed Budget Advisory Commission. The Budget is being
presented a month earlier than in past years. A proposed schedule of budget
hearings will be presented to the Council and agendized for the meeting of
May 12, 1992.
Mr. Ruth then read/briefed portions of his transmittal letter to the City
Council located on pages 4, 5 and 6 of the summary booklet (See Resource
Allocation Plan - City of Anaheim, 1992/93). During the course of his
presentation, Council Members posed questions which were answered by Mr. Ruth;
Ken Stone, Program Development and Audit Manager; Assistant City Manager, Jim
Armstrong; and City Attorney, Jack White. The presentation was also
supplemented by slides, hard copies of which were submitted to the Council
which outlined/emphasized some of the items covered in the transmittal
letter - FY 1991/92 and 1992/93 reductions in City positions, there are no
General Funded Capital Projects in the 1992/93 fiscal year, restrained labor
increases, sales tax and transient occupancy tax estimated losses due to the
recession, FY 1992/93 budget strategies, drug and gang strategies, a
break-down and comparison of 1992/93 General Fund budget monies reflecting
0nl¥ a 2.9% increass, the assumDti0ns used to dsvsl0D the 1992/93 FY budget,
achievements in 1991/92, challenges in the future and policy issues for
Council consideration (City's capital project program far less than required
unfunded General Fund Capital projects - critical rehabilitation of fire
stations - traffic improvement projects - enhancements to the City's
infrastructure system continuation of the Utility Users Tax beyond the sunset
date of September 30, 1993). Slides also showed graphs on the Capital
Improvement Plan Summary by project category and funding category, 1992/93
proposed expenditures, five-year planned expenditures, 1992/93 funding and
299
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 5, 1992 - 5:00 P.M.
total five-year funding for Capital Improvements. The summary of the proposed
budget is as follows.-
The 1992/93 Proposed Resource Allocation Plan totals $538,385,759
comprised of:
Operating Programs
Power and Water
Capital Projects
$302,998,370
178,044,360
57,343,029
$538,385,759
The proposed 1992/93 plan is approximately 27.1 million or 4.8% below the
adopted 1991/92 Resource Allocation Plan. The reasons for the change are
outlined on page 4 of the summary booklet.
In closing, Mr. Ruth reiterated the items that were being submitted to the
Council today - the Resource Allocation Plan (Budget) Summary, City of Anaheim
Five-Year Capital Improvement Plan- 1992-1997, the line-item budget and also
a tabloid entitled, City of Anaheim Budget Report (a report on the state of
the Anaheim City Budget) which will be distributed throughout the community.
A schedule of the proposed budget hearings will also be submitted for Council
consideration to finalize the hearing schedule which will be presented to th~
Council at the meeting of May 12, 1992. ~-
Additional questions were posed by Council Member Daly on specific aspects of
the budget, one relating to transfers from Utilities into the General Fund as
well as other transfers which were answered by Ken Stone. Council Member
Ehrle had questions relative to reductions in positions, management and non-
management, which were answered by the City Manager as well as questions
relating to funds for Capital Improvements. On the latter, Mr. Ruth
emphasized that there is no Capital Improvement General Fund money unless
other positions and services are cut back. They are able to use gas tax and
Measure M monies for such improvements, but in terms of the General Fund, that
is a major concern. There are no surplus funds available. Council Member
Daly noted that there is a substantial amount of money being spent on Street
Maintenance, but not from the General Fund.
City Attorney White. He confirmed that the budget schedule will be on the
Council Agenda for next Tuesday's meeting since it is not a proper closed
session item.
RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session
to consider the following items:
a. To confer with its attorney regarding 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; Anaheim Stadium Associates
vs. City of Anaheim, et al., Orange County Superior Court
Case No. 44-81-74.
Ozorio vs. City of Anaheim, Orange County Superior Court
Case No. 67-30-00.
3OO
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 5, 1992 - 5:00 P.M.
b. To meet with and give directions to its authorized
representative regarding labor relations matters -
Government Code Section 54957.6.
c. To consider and take possible action upon personnel
matters pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential
litigation pursuant to Government Code Section
54956.9(b) (1).
e. To consider and take possible action upon such other
matters as are orally announced by the City Attorney, City
Manager or City Council prior to such recess unless the
motion to recess indicates any of the matters will not be
considered in closed session.
RECESS: Council Member Hunter moved to recess into Closed Session, Council
Member Ehrle seconded the motion. Council Member Pickler was absent. MOTION
CARRIED. (3:40 p.m. )
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Member Pickler and welcomed thos~
in attendance to the Council meeting. (5:00 p.m.)
INVOCATION: Bryan Crow, Garden Church, gave the invocation.
FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - 1992 CINCO DE MAYO QUEEN: Mr. Joel Guerena, founder of
the Cinco De Mayo Fiesta first read a letter from the Chairman of the Fiesta,
Antonio Arroyo, who could not be present today thanking the Council for their
continued support of this annual event and also thanking and expressing
gratitude to the Police Department and Parks and Recreation Department for
assisting and making it such a success. He then introduced Sylvia Alonzo, the
1992 Cinco De Mayo Queen who was personally greeted and congratulated by the
Mayor and City Council Members. She was also presented with flowers.
Ms. Alonzo explained that she was happy and proud to have been chosen queen
and will represent the City well, her first trip being to Cruz Azul, Mexico in
September where she has been invited in her role as Cinco De Mayo Queen of
Anaheim.
Mayor Hunter thanked all involved especially City Staff and the Police
Department who determined that the Fiesta should go on in spite of the events
which took Dlace in Los Angeles causin~ many activities to be cancelled. The
Cinco De Mayo Fiesta was a happy event for the City with no incidents
reported.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Day of Prayer in Anaheim, May 7, 1992
Civic Transportation Day in Anaheim, May 11, 1992
301
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 5, 1992 - 5:00 P.M.
Mr. Frank Rose, Chairman, Coordinating Council of Southern California
Transportation Organizations accepted the Transportation Week in Anaheim
proclamation. ~ --
119: DECLARATIONS OF APPRECIATION: A Declaration of Appreciation to Paint
Your Heart Out sponsors: the City Council unanimously adopted Declarations of
Appreciation to the following Paint Your Heart Out sponsors - Anaheim
Beautiful, Dial One Pilot Painting, Los Angeles Times Orange County, Dunn
Edwards Paint Co., Koll Co., and Sherwin Williams.
Mr. Keith Olesen accepted the proclamation on behalf of the organizations.
Mayor Hunter and Council Members expressed their appreciation and gratitude
for the wonderful work performed by over 1,000 volunteers who painted houses
for 37 low-income senior citizens and disabled home owners and for the
organizations who sponsored this fine work.
119: PRESENTATION TO CITY TREASURER, MARY E. TURNER:
Mayor Hunter called upon City Treasurer, Mary Turner to come forward to be
recognized and presented with the first ever Special Service Award in
California Municipal Treasurer History - the Mary E. Turner Award. The award
is presented as a small token of Mrs. Turner's outstanding service and
dedication to the California Municipal Treasurer's Association at the local
division level and the State Board level for more than 20 years. The Mayor ~
then elaborated upon Mrs. Turner's accomplishments in her many years of ~
service in Municipal Government first in the City of Fullerton and then the
City of Anaheim starting in 1988 as well as the many positions held in the
California Municipal Treasurer's Association. Mayor Hunter and Council
Members congratulated Mary who has been an asset not only to the City of
Anaheim, but also to her professional association for which she has been
singularly honored. Mrs. Turner was presented with flowers.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,102,255.54 for the
period ending May 1, 1992, in accordance with the 1991-92 Budget, were
approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:20 p.m. )
Mayor Hunter reconvened the City Council meeting. (5: 23 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS: Mr. Jeff Kirsch spoke on Items A7 and Al0
(see discussion under those items).
ITEMS OF pUBLIC INTEREST:
James R. Stockton, 1801 Cliffpark Way, Anaheim. He owns apartment units on
Kroeger Street and is asking for some assistance from the City since, although
he tries, he cannot keep graffiti off the walls.
Mayor Hunter asked Mr. Stockton to give his name to the City's Code
Enforcement Manager, John Poole who was present in the Chamber audience for
assistance relative to his concern.
David Chavez, 4420 E. La Palma. His concern is that peace and safety be
maintained in his area. Last September, a business opened at 4404 E.
302
City Hall~ Anahe£m~ Cal£forn£a - COUNCIL MINUTES - NAY 5~ 1992 - 5:00 P.N.
La Palma, GSR Landscaping. The facility is not being used for the landscape
related business, but for drinking parties. He reported on incidences that
occurred aftef~ual business hours of 5=00 p.m. or 6:00 p.m. The business is
also illegally parking trucks next door at 4412 E. La Palma. He needs help in
making sure this warehouse is used only for its intended purposes. He has
previously contacted the Police Department and Code Enforcement.
Mayor Hunter. He noted that Mr. Chavez had already contacted the Departments
who can assist with the concerns expressed; Mr. Chavez stated he was present
because he wanted his concerns and the report of same .on the record.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Hunter, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Hunter offered Resolution Nos. 92R-93 and 92R-94 for adoption. Council Member
Hunter offered Ordinance No. 5303 for first reading. Refer to Resolution
Book.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 92R-93 and 92R-94)
Council Member Hunter moved to waive the reading in full of the resolutions.
Council Member Simpson seconded the motion. Council Member Pickler was
absent. MOTION CARRIED.
Al. 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 George Raffa for property damage sustained
purportedly due to actions of the City on or about March 11, 1992.
b. Claim submitted by Kamal Wissa for property damage sustained
purportedly due to actions of the City on or about March 26, 1992.
c. Claim submitted by Elias George Gonzales for bodily injury sustained
purportedly due to actions of the City on or about November 23, 1991.
d. Claim submitted by Evelyn P. Dart for bodily injury sustained
purportedly due to actions of the City on or about September 13, 1991.
e. Claim submitted by Donald W. Doerr for bodily injury sustained
purportedly due to actions of the City on or about September 4, 1991.
f. Claim submitted by Lowery Company, Inc., for property damage sustained
purportedly due to actions of the City on or about June 10, 1991.
g. Claim submitted by Shari Lyn Miles for bodily injuries sustained
purportedly due to actions of the City on or about February 3, 1992.
A2. 140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for December, 1991.
105: Receiving and filing minutes of the Public Utilities Board meetings held
March 5, 1992, and March 19, 1992.
303
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 5, 1992 - 5:00 P.M.
105= Receiving and filing minutes of the Senior Citizens Commission meeting
held March 12, 1992.
105= Receiving and filing minutes of the Community Services Board meeting
held March 12, 1992.
105= Receiving and filing minutes of the Anaheim Public Library Board meeting
held March 25, 1992.
105.- Receiving and filing minutes of the Anaheim Parks and Recreation
Commission meeting held March 25, 1992.
107: Receiving and filing the Statistical Report Summary ending March 31,
1992, as submitted by the Building Division.
105: Receiving and filing disclosure of financial interest in the
Redevelopment Area, presented by Glenn W. Hellyer, in accordance with Section
33130 of the Health and Safety Code.
A3. 169: Awarding the contract to the lowest responsive bidder, Nobest,
Incorporated, in the amount of $615,454.20 for Neighborhood Preservation Area
IV Improvements (area bounded by Olive Street, Atchison Street, Center Street
and Broadway); and in the event said low bidder fails to comply with the ter~
of the award, awarding the contract to the second low bidder, as well as ~
waiving any irregularities in the bids of both the low and second low bidders~
A4. 123: Approving an Agreement with LaBelle-Marvin, in an amount not to
exceed $60,000 for pavement materials reporting services.
AS. 160: Accepting the low bid of Foothill Engineering, in an amount not to
exceed $30,512 for the replacement and installation of a sump pump at Juarez
Park, in accordance with Bid $5036.
A6. 160: Accepting the low bid of Case Power and Equipment Company, in the
amount of $24,203 for one each industrial loader tractor with scraper, in
accordance with Bid #5035.
A7. 113: RESOLUTION NO. 92R-93: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Certain Public Utilities records from 1978 through 1985. )
Jeff Kirsch, 2661 W. Palais. He expressed concern over the cost for
destroying the subject records and recommended that the Council direct the
Utilities Department to take action within the department to destroy the
records.
A8. 156: ORDINANCE NO. 5303 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 1.04.310 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO CERTAIN PURCHASES FOR THE POLICE DEPARTMENT FOR
WHICH CONFIDENTIALITY IS REQUIRED.
A9. 139: Opposing Assembly Bill 3214 (Isenberg), regarding the transfer of
local property tax revenues from certain special districts to school districts
to help balance the State's budget.
Al0. 139: Opposing Senate Bill 1711 (Bergeson), regarding changes in
Redevelopment law, and communicating the City's position to the appropriate
state legislators.
304
City Halle Anaheim, California- COUNCIL MINUTES- MAY 5, 1992 - 5:00 P.M.
Jeff Kirsch, 2661W. Palais. Relative to SB #1711, he was informed in a call
to Senator Berg~on's office that the lobbying by the League of California
Cities and other groups killed the bill before it was released. In view of
the large redevelopment activity in Anaheim and questions of possible abuse in
cities other than Anaheim, he feels the City should take a leadership role in
trying to permit reforms and have a mechanism established for some sort of
oversight.
139: Opposing Assembly Bill 3476 (Burton), regarding additional impositions
on local government relating to open meeting laws, and communicating the
City's position to the appropriate state legislators.
139: Opposing Senate Bill 1538 (Kopp), regarding Brown Act revisions, and
communicating the City's position to the appropriate state legislators.
139: Supporting Senate Bill 1705 (Maddy) regarding provisions relating to the
forfeiture and seizure of property in cases involving illicit drug
trafficking.
All. 153: RESOLUTION NO. 92R-94.- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ~
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the positions of Forens~
Specialist I and II, effective May 8, 1992.)
Al2. 123: Approving a subcontract agreement with the North Orange County
Community College District (NOCCCD) in the amount of $9,500 (for FY 91-92) for
special services associated with the Hospitality Project Survey; and
authorizing the City Manager to approve said agreement and modifications
thereto.
106: Amending the FY 91-92 Resource Allocation Plan to increase revenues and
expenditures in Program No. 355 by $9,500 each.
Al3. 123: Approving an Amended and Restated Lease Agreement with the Savanna
School District to lease a portion of Hansen Elementary School for park
purposes.
Roll Call Vote on Resolution Nos. 92R-93 AND 92R-94 for adoptions
AYES:
NOES '.
ABSENT
COUNCIL MEMBERS: Simpson, Ehrle, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Pickler
The Mayor declared Resolution Nos. 92R-93 and 92R-94 duly passed and adopted.
_
End of Consent Calendar. MOTIONS CARRIED.
BOARD S AND COMM I S S IONS .-
Al4. 105: APPOINTMENT TO THE PRIVATE INDUSTRY COUNCIL:
Submitted was report dated May 5, 1992 from the JTP Manager, Marge Pritchard
recommending that Peggy Crawford be appointed to the Anaheim Private Industry
Council (PIC) for a four-year term. PIC was notified by Mr. Jesus Vasquez
that he is resigning thus creating a vacancy in the public sector category.
3O5
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 5, 1992 - 5:00 P.M.
MOTION.'... Council Member Ehrle moved to appoint Peggy Crawford to the Anaheim
Private Industry Council (public sector) for a four-year term. Council Member
Ehrle seconde~-~he motion. Council Member Pickler was absent. MOTION
CARRIED.
ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 16, 1992 -
DECISION DATE: APRIL 23, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS MAY 8,
1992:
B1. 179: CONDITIONAL USE PERMIT NO. 3513 AND NEGATIVE DECLARATION:
OWNER: John Kocyla, P.O. Box 9832, Anaheim, CA 92812.
AGENT: Jimmy Tong Nguyen, P.O. Box 15751, Newport Beach, CA 92659.
LOCATION: 511 South Brookhurst Street. Property is approximately 1.01
acres, approximately 135 feet on the west side of Brookhurst Street and
approximately 256 feet north of the centerline of Orange Avenue.
To permit on-premise sale and consumption of alcoholic beverages in
conjunction with a full-service restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3513 APPROVED (ZA92-19).
Approved Negative Declaration.
Council Member Daly noting that this was an address were there had been
problems in the past, asked if the Police Department was involved in the ~
evaluation of the application. ~
Annika Santalahti, Zoning Administrator. The Police Department was asking for
conditions that were very specific so that if there are any problems they will
be able to go after the Conditional Use Permit rather than going through the
Alcoholic Beverage Commission. She confirmed that the conditions were very
tight.
B2. 179: ADMINISTRATIVE ADJUSTMENT NO. 0067, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: Dr. David Tsoong, 1085 N. Harbor Boulevard, Anaheim, CA 92801.
LOCATION: 710 North Euclid Street. Property is approximately 1.95
acres having approximately 140 feet on the east side of Euclid Street,
located approximately 700 feet south of the centerline of Catalpa Drive.
Waiver of minimum number of parking spaces to construct a 34,992 square
foot medical office building.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0067 APPROVED (ZA92-20).
END OF THE ZONING ADMINISTRATOR ITEMS.
B3. 179: ORDINANCE NO. 5302 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 91-92-09, located at 3326 West Orange
Avenue, from the RS-A-43,Q00 zone to the RM-2400 zone.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5302)
Council Member Hunter moved to waive the reading in full of the ordinance.
Council Member Simpson seconded the motion. Council Member Pickler was
absent. MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5302 for adoption. Refer to
Ordinance Book.
306
City Hall, Anaheimf California - COUNCIL MINUTES - MAY 5r 1992 - 5:00 P.M.
ORDINANCE NO. 5302: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(ReclassificatT~-fl No. 91-92-09, located at 3326 West Orange Avenue, from the
RS-A-43,000 zone to the RM-2400 zone.)
B4. 179: REOUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3389:
The request was submitted by Gerard M. O'Riordan, Rank Leisure USA,
Inc., 5401 Kirkman Road, Suite 200, Orlando, FL 32819-7937. The
property is located at 1859 South Manchester Avenue - King Henry's
Feast. Conditional Use Permit No. 3389 is to permit a 750-seat
theme-type dinner theatre with on-premise sale and consumption of
alcoholic beverages including various waivers, one pertaining to
prohibiting signs - three roof-mounted statues consisting of a dragon, a
knight and a gargoyle, and five cloth banners. The Conditional Use
Permit was approved by the Council on July 16, 1991, including the
waiver for the prohibited signs.
This item was continued from the meeting of April 28, 1992, for full Council
action.
Submitted was report dated April 20, 1992 from the Zoning Administrator,
Annika Santalahti, recommending that the requested time extension be granted,
but subject, "to the debris, weeds and graffiti being removed from subject ~
property and the existing building within a period of 30-days from the date ~'
the extension, and that the property and building be maintained in a clean and
safe condition thereafter."
Council Member Daly. He is going to vote no since he voted no on the original
request.
MOTION: Council Member Simpson moved to approve the requested extension of
time to expire July 16, 1993 on Conditional Use Permit No. 3389 subject to the
additional conditions recommended by the Planning Department. Council Member
Ehrle seconded the motion. Council Member Daly voted no. Council Member
Pickler was absent. MOTION CARRIED.
RECESS: By general consent the Council recessed until the time for public
hearings at 6:00 p.m. (5:41 p.m.)
AFTER RECESS: The Mayor called the meeting to order all Council Members being
present with the exception of Council Member Pickler. (6:00 p.m. )
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at thi~ time.
Those testifying were re~ested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179: PUBLIC HEARING - WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT
NO. 3465 AND NEGATIVE DECLARATION:
OWNER: Timothy J. and Cathleen A. O'Neill, 3100 E. Birch, Brea, CA
92621.
LOCATION/REQUEST: The property is located at 1420 N. Lemon Street.
Property is approximately 1.13 acre located at the northeast corner of
Lemon Street and the Riverside (91) Freeway. The request is to permit
an automobile repair center with waiver of minimum structural setback.
307
City Hall~ Anaheim~ California - COUNCIL MINUTES - MAY 5~ 1992 - 5:00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3465 DENIED (PC92-35) due to traffic visibility constraints (6
yes votes;-t absent).
Waiver of code requirement DENIED
Denied Negative Declaration.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by John J. Dee, Law offices of Sullivan, Workman and Dee, on behalf
of the owners, Timothy J. and Cathleen A. O'Neill.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 23, 1992
Mailing to property owners within 300 feet - April 23, 1992
Posting of property - April 24, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 23, 1992.
City Clerk Sohl announced that letter dated May 5, 1992 had been received from
Mr. John J. Dee, Attorney Sullivan, Workman and Dee asking that the subject
public hearing be continued to June 2, 1992, since the principals are out of
town and not available for tonight's hearing.
Mayor Hunter asked if anyone was present who is opposed to a continuance of ~
the hearing; there was no response.
MOTION: Council Member Ehrle moved to continue the public hearing on
Conditional Use Permit No. 3465 to June 2, 1992 as requested by the applicant.
Council Member Daly seconded the motion. Council Member Pickler was absent.
MOT I ON CARR I ED.
D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3504 AND NEGATIVE DECLARATION:
OWNER: Church of Christ, 1655 Southgate Avenue, Daly City, CA 94015.
AGENT: Robert Pellien, 406 S. Harbor Blvd., Anaheim, CA 92805.
LOCATION/REQUEST: The property is located at 420 South Harbor Boulevard
(Wells Fargo Bank) and is approximately 1.44 acres located on the
northeast corner of Santa Ana Street and Harbor Boulevard. The request
is to permit a church within an existing 27,100 square foot office
building with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3504 GRANTED (PC92-37) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Pickler and Daly at the meeting of April 7, 1992 and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 23, 1992
Mailing to property owners within 300 feet - April 23, 1992
Posting of property- April 24, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 23, 1992.
3O8
City Hall, Anaheim, California -COUNCIL MINIFTES- MAY 5, 1992 - 5:00 P.M.
Council Member Daly. He explained that Council Member Pickler had some
questions about the request and as a courtesy he (Daly) concurred that the
matter should-T~--set for a public hearing. He has only one question about the
project and that is relative to signage. He wanted to clarify that was his
(Daly' s) only concern.
Mayor Hunter opened the public hearing and asked to hear from the applicant or
applicant' s agent.
Mr. Hovan Rosquites, Corporate Secretary in the Adjudicatory Office of the
Church in Davis City, California, the National Headquarters for the Church of
Christ. For the last 13 years, the church has been at 400 S. Harbor
Boulevard. For many years, they have prayed for a bigger sanctuary since they
have outgrown their present facilities. Last year, they purchased the three-
story property located at 420 S. Harbor Boulevard just a few feet from their
present chapel. The sanctuary they are proposing will be on the first floor
of the building and used exclusively for divine worship services. There will
be no day care or bingo or any other forms of fundraising permitted in the
facility. There will be wedding ceremonies, but any receptions will be held
at other rented facilities and not at the subject property. Parking spaces
for 120 cars will be provided. They have worked with the Planning Commission
and government codes. The Church of Christ will always be an integral and
inseparable part of the community. They pay taxes in Anaheim and express ~
their freedom of suffrage in Anaheim. As a church, they provide a solution ~
the problems of today as well as a beautiful environment and major habitat for
their children. They need this home and are asking the Council to grant their
request.
Mr. Rosquites then answered questions posed by Council Member Ehrle. When
they first located their church at 400 S. Harbor Blvd., 13 years ago, there
were less than 100 in their congregation and they now number about 400. They
have purchased the entire facility. They will probably use it as an auxiliary
facility.
Council Member Daly. Relative to the signs, the application states they will
be installing three signs of 90-square feet each. He asked if they would
simply replace the existing signs on the building.
Joel Fick, Planning Director. No freestanding signs are proposed. There will
be three wall signs 90-square feet each north, south and west building
elevations as shown on the drawing posted on the Chamber wall.
Council Member Daly. The applicant mentioned that they would not have bingo
or day care. He asked if current conditions do not allow those activities.
Joel Pick, Planning D£rec%or. There are no conditions a~dress£ng i:hoee
issues. If it is the Council's desire, those conditions can be imposed.
Mr. Rosquites answering Council Member Ehrle explained that the second floor
is now being used as District Headquarters. The third floor will be used as a
T.V. studio. The entire first floor will be used as a sanctuary. Also, there
will be no funerals conducted in the facility.
Mayor Hunter opened the public hearing.
309
City Hall~ Anaheim, California - COUNCIL MINUTES - MAY 5~ 1992 - 5.'00 P.M.
PUBLIC COMMEIFES
RECEIVED:
J~McIntyre, 917 W. Sycamore, Anaheim. They own Don McIntyre
Photography at 515 S. Harbor Boulevard. She does not oppose any
church. The little church has been there for years and it has
always been a good neighbor. This is what surprises her about the
sudden acquiring of a large building in the current economic
climate. They will have to maintain and keep it up in a proper
professional manner. Her understanding was that they were to have
storage and most of the building would be used for storage and
other purposes with only a small sanctuary and occasional group
meetings. Tonight Mr. Rosquites explained that perhaps that is
not the case. Parking in the area is very bad. It is a
professional office area. They have been trying to lease office
suites at their center (Mel Mac) for two years and have been
unable to do so. They have only one rental at this time. They
are very anxious that the area improve and become more
professional office style. They want to be sure nothing happens
that will hold them back from going forward. They also wish to
retire. The parking waiver will throw more cars on the street.
The large signs are a concern and will not enhance the area. The
more people brought into the area, the more problems of trash and
endangerment of their shrubbery. ~
;
They could be very good neighbors of the church if they will
guarantee that the following restrictions be applied, or at least'
identified and answered: that the population of the church and
its allied functions will be allowed to grow no greater than their
present off street parking can assimilate; that there will be no
soup kitchen, clothing distribution or stock piling of same be
allowed on the property; that signage be limited in size and kind
to enhance the area. That landscaping become a thing of beauty as
well as beautification of the building itself. They would also
welcome them into Anaheim Beautiful in order to enhance the area.
COUNCIL ACTION: There being no further persons who wished to speak, Mayor
Hunter closed the public hearing.
Council Member Daly. He asked if there were interests in conditioning the
project that there be no day care or bingo operation in case the property
changes hands in the future.
Mayor Hunter asked Mr. Rosquites if there is a problem with the stipulation
that there be no bingo or child care; Mr. Rosquites. They are against any
forms of gambling and there will be no day care facilities.
A brief discussion followed relative to times of services which times were
outlined in the staff report.
City Attorney Jack White then clarified on Council questioning that the CUP
would still apply if the property changed hands. Also, relative to parking,
the request involves a waiver of the code requirement from required parking.
If in the future a parking problem occurred for any reason including but not
limited to the expansion of the church congregation and size, the Council
would have the prerogative of considering through an additional public hearing
at a later date, possible revocation or modification of the CUP to remedy the
parking problem. The Council retains jurisdiction over the Conditional Use
Permit.
310
City Hall, Anaheim, California - COUNCIL MIN~"~E$ - MAY 5, 1992 - 5:00 P.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Daly, 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. Council Member Pickler was
absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-95)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. Council Member Pickler was absent.
MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-95 for adoption, granting
Conditional Use Permit No. 3504 subject to City Planning Commission conditions
and also that there be no bingo or child care conducted at the facility.
Refer to Resolution Book.
RESOLUTION NO. 92R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3504.
Roll Call Vote on Resolution No. 92R-95 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Pickler
The Mayor declared Resolution No. 92R-95 duly passed and adopted.
D3. 107/000: PUBLIC HEARING - BUILDING CODES: Adoption of 1990 and 1991
Edition of Uniform Codes (Building, Plumbing, Mechanical, Electrical).
Previously submitted was report dated April 16, 1992 from the Chief Building
Official, Wayne West.
Joel Fick, Planning Director. The codes before the Council tonight are codes
that have been adopted by the State and will become effective on July 1, 1992,
even if they are not acted upon by the City. They do have the opportunity of
allowing local amendments which staff is proposing consistent with amendments
the City has adopted in the past. Staff is recommending adoption of the codes
and the fee schedules.
Mayor Hunter o~ened the ~ublic hearing and asked if anyone wished to speak to
the adoption of the 1990 .and 1991 additions of Uniform Building Electrical,
Mechanical and Plumbing Codes; there being no response he closed the public
hearing.
Council Member Daly asked the percentage increase of fees.
Joel Fick, Planning Director. He has not calculated the specific increase,
but what they have done in all instances, they have adopted the fee schedule
contained in the code itself.
311
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 5, 1992 - 5=00 P.M.
City Attorney White. Before the Council tonight are two resolutions and one
ordinance for adoption which can be offered all together. There is also an
ordinance to be~'Dffered for first reading.
WAIVER OF READING - RESOLUTIONS/ORDINANCE:... The titles of the following
resolutions and ordinance were read by the City Manager. (Resolution
Nos. 92R-96 and 92R-97 for adoption; and Ordinance No. 5300 for adoption. )
Council Member Hunter moved to waive the reading in full of the resolutions
and ordinance. Council Member Ehrle seconded the motion. Council Member
Pickler was absent. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-96 for adoption, setting
forth local conditions justifying amendments to the Uniform Building,
Electrical, Mechanical and Plumbing Codes; and Resolution No. 92R-97 for
adoption, adopting a schedule of fees for the Uniform Codes pertaining to
building and construction. Refer to Resolution Book.
.RESOLUTION NO. 92R-96:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM
BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING CODES.
RESOLUTION NO. 92R-97: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~
ANAHEIM ADOPTING A NEW SCHEDULE OF FEES FOR THE UNIFORM CODES PERTAINING TO ~
BUILDING AND CONSTRUCTION.
Roll Call Vote on Resolution Nos. 92R-96 and 92R-97 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Pickler
The Mayor declared Resolution Nos. 92R-96 and 92R-97 duly passed and adopted.
Council Member Hunter offered Ordinance No. 5300 for adoption, repealing
certain Chapters of Title 15 and adding new Chapters to Title 15 of the
Anaheim Municipal Code adopting the Building, Abatement of Dangerous Building,
Electrical, Housing, Mechanical, Plumbing, Solar Energy, and Swimming Pool,
Spa, and Hot Tub, codes and amending provisions of Chapter 6.56 of Title 6 of
the Anaheim Municipal Code pertaining to pools and ponds. Refer to Ordinance
Book.
ORDINANCE NO. 5300: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CERTAIN
CHAPTERS OF TITLE 15 AND A/)DING NEW CHAPTERS TO TITLE 15 OF THE AN~/~EIM
MUNICIPAL CODE ADOPTING THE BUILDINGf ABATEMENT OF DANGEROUS BUILDINGf
ELECTRICAL, HOUSING, MECHANICAL, PLUMBING, SOLAR ENERGY, AND SWIMMING POOL,
SPA, AND HOT TUB, CODES AND AMENDING PROVISIONS OF CHAPTER 6.56 OF TITLE 6 OF
THE ANAHEIM MUNICIPAL CODE PERTAINING TO POOLS AND PONDS.
Roll Call Vote on Ordinance No. 5300 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Pickler
The Mayor declared Ordinance No. 5300 duly passea and adopted.
312
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 5, 1992 - 5.'00 P.M.
152: ORDINANC~ NO. 5304 FOR INTRODUCTION: Council Member Hunter offered
Ordinance No. 5304 for first reading.
ORDINANCE NO. 5304: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
1.04.150 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ADMINISTRATIVE AUTHORITY.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Ehrle
seconded the motion. Council Member Pickler was absent. MOTION CARRIED.
(6:27 p.m.)
LEONORA N. SOHL, CITY CLERK
313