1989/11/07-- City Hall, Anaheim, California - COUNCIL MINUTES November 7, 1989, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CODE ENFORCEMENT MANAGER: John Poole
ZONING ADMINISTRATOR: Annika Santalahti
PURCHASING AGENT: Diane Hughart
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:45 p.m. on November 3, 1989 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 3:00 p.m.
REQUEST FOR 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; Yruretagoyena vs. City of Anaheim, O.C.S.C.C. No.
59-27-22; Brewster vs. City of Anaheim, O.C.S.C.C. No. 52-92-07.
b. To discuss labor relations matters
54957.6.
Government Code Section
c. To discuss personnel matters Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To meet with its negotiator regarding possible acquisition of
land from the Phoenix Club located at 1566 Douglass Road, Anaheim,
California.
f. To consider such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(6:07 p.m.)
INVOCATION; Reverend Jarrell W. Garsee, First Nazarene Church, gave the
invocation.
FLAG SALUTE;
to the Flag.
Councilman Tom Daly led the assembly in the Pledge of Allegiance
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Gity Hall, Anaheim, Galtfornia -GOUNGIL MINUTES - November 7, 1989, 5:30 P.M.
119: PRESENTATION - FIRST ANTI-GRAFFITI AWARD: Mayor Hunter presented Gloria
Lozano, an Anaheim resident, with a check for $500, the first anti-graffiti
reward. Ms. Lozano was responsible for the apprehension and subsequent
conviction of individuals who defaced property within the City with graffiti.
The Mayor and Council Members congratulated Ms. Lozano on her courage in doing
her part to help rid the City of the blight of graffiti.
PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and
authorized by the City Council:
B'nai B'rith which celebrated its 146th birthday, October 13, 1989;
100th year of Ebell Club in Anaheim - November, 1989.
Ebell President, Joan Berlin, accompanied by three Ebell members accepted the
Ebell proclamation.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
· unanimously adopted by the City Council to be presented to Mr. Don Karcher,
President and Chief Executive Officer of Carl Karcher Enterprises,
congratulating him on being selected as First Friday Friars 1989 Man of the
Year.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held October 10, October 17 and the adjourned regular minutes of
October 20, 1989. Councilman Hunter seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,423,446.78 for the week
ending October 20, 1989; $2,470,070.91 for the week ending October 27, 1989;
and $1,882,751.67 for the week ending November 3, 1989, in accordance with the
1989-90 Budget, were approved.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Manager. (Resolution Nos. 89R-421 through 89R-425, both
inclusive, for adoption and Ordinance Nos. 5074 through 5076 for introduction)
Councilman Pickler moved to waive the reading in full of the resolutions and
ordinances. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion bY Councilman Daly,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar. Councilman Pickler
offered Resolution Nos. 89R-421 through 89R-425, both inclusive, for adoption
and Ordinance Nos. 5074 through 5076 for introduction. Refer to Resolution
Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
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City Hall. Anaheim. California - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
a. Claim submitted by Charles Jones for property damage purportedly due
to actions of the City on or about August 6, 1989.
b. Claim submitted by Danny Jaimez for bodily injury sustained
purportedly due to actions of the City on or about March 25, 1989.
c. Claim submitted by Yvonne Leone Allen for bodily injury sustained
purportedly due to actions of the City on or about April 6, 1989.
d. Claim submitted by Jantce Allison, Ericka Allison by her Father and
Guardian Thomas Allison and Thomas Allison for bodily injury sustained
purportedly due to actions of the City on or about August 8, 1989.
e. Claim submitted by Orange County Transit District for bodily injury
sustained purportedly due to actions of the City on or about March 18, 1989.
f. Claim submitted by Jean Carlsen for bodily injury sustained
purportedly due to actions of the City on or about March 9, 1989.
g. Claim submitted by Paul Chot for property damage sustained
purportedly due to actions of the City on or about August 30, 1989.
h. Claim submitted by Scott Blank for bodily injury sustained
purportedly due to actions of the City on or about June 25, 1989.
i. Claim submitted by Highlands Insurance for Williams Sheet Metal for
property damage and bodily injury sustained purportedly due to actions of the
City on or about May 18, 1989.
J. Claim submitted by Cypress Patio Townhouses for property damage
sustained purportedly due to actions of the City on or about March 15 to
September 15, 1989.
k. Claim submitted by A10. Goochey for property damage sustained
purportedly due to actions of the City on or about August 22, 1989.
1. Claim submitted by Christine L. Stewart for property damage sustained
purportedly due to actions of the City on or about S~pt.mbar 14, 1989.
m. Claim submitted by Michael William Augustine for property damage
sustained purportedly due to actions of the City on or about September 20,
1989.
n. Claim submitted by Pasadena Lincoln-Mercury Inc., for indemnity
sustained purportedly due to actions of the City on or about August 29, 1989.
A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission
meeting held August 23, 1989.
105: Receiving and filing minutes of the Parks, Recreation and Community
Services Department meeting held August 23, 1989.
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City Hall. Anaheim, California - COUNCIL MINUTES November 7, 1989, 5;30 P.M.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held September 14, 1989.
105: Receiving and filing minutes of the Community Services Board meeting
held September 14, 1989.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held September 27, 1989.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held October 5, 1989.
107: Receiving and filing the Statistical Report Summary Ending September 30,
1989, from the Building Division.
173: Receiving and filing Application No. 88-10-054 before the Public
Utilities Commission of the State of Galifornia from Michael S. Mitchell and
Bruce P. Hector, dba Mtckey's Space Ship Shuttle, for certificate of public
convenience and necessity to operate as Passenger Stage service between
certain portions of Los Angeles County and Orange County, and Los Angeles
International Airport and John Wayne Orange County Airport.
114: Receiving and filing Resolution No. 2788, from the City of Westminster,
relative to Federal Cable Legislation, Local Authority and Cable Subscriber
Protection.
171: Receiving and filing notice of public hearings to hold taxpayers' Bill
of Rights hearings before the State Board of Equalization, the closest to be
held on Monday, November 13, 1989, at 2:00:p.m. at the Santa Ana City Council
Chambers, 22 Civic Center Plaza.
A3. 165: Approving the Notice of Completion of the construction of Glenoaks
Avenue Sidewalk Improvement by Sully-Miller Contracting Company, and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A4. 165: Approving the assessment of $900 to Sully-Miller Contracting
Company for liquidated dnmages (at the rate of $100 per day for nine days).
(Glenoaks Avenue Sidewalk Improvement)
AS. 167: Approving the Notice of Completion of the construction of the South
Central Traffic Signal Improvement Project by Signal Maintenance, Inc., and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Gompletion.
A6. 158: Authorizing the payment of $598,427 to William C. Taormina and
Cynthia L. Taormina pursuant to agreement on file for modifications to their
building located at 320 North Anaheim Boulevard - North Anaheim Boulevard
Street Widening Project (R/W 3500-11).
A7. 155/106: Increasing the Public Works-Engineering FY89/90 budget revenue
account 01-3292 - (Engineering Plan Check Services) by $74,000.
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City Hall, Anaheim, CalifOrnia - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
155/106: Increasing expenditure account 01-265-6310 (Subdivisions
Architectural and Engineering Services) by $74,000.
AS. 158: Finding and determining, in accordance with Section 1222 of the
City Charter, that the proposed sale of City owned real property located East
of the Orange Freeway, North of Taft Avenue (R/W 3720), is in the best
interest of the City; accepting the offer received in the amount of $22,732;
authorizing the Mayor and City Clerk to execute the Grant Deed; authorizing
the Real Property Section to open an escrow within 30 days, not to exceed 60
days; and authorizing the Senior Real Property Agent to execute the escrow
instructions and any related documents.
A9. 160: Accepting the bid of Case & Sons Construction, Inc., in the amount
of $28,680 for painting the exterior of two buildings (901 E. Vermont and 500
E. Broadway - Utilities Service Center Warehouse Building and Fire
Headquarters building), in accordance with bid proposal #4738.
Al0. 160: Accepting the bid of G & W Electric Company, c/o Banes Associates,
in the amount of $22,228.20 for three each three-phase manually operated
subsurface load interrupting switches (4-way), in accordance with bid proposal
#4716.
160: Accepting the bid of Joslyn Power Products Corporation, in the amount of
$3,763 for one each three phase manually operated surface load interrupting
switch (2-way), in accordance with bid proposal #4716.
Ail. 106: Accepting the iow bid of Coast Roof Company, Inc., in an amount not
to exceed $52,500 to repair roofs at the Utilities Service Center and Parks
Central Yard, in accordance with bid proposal #4737.
Al2. 106: Accepting the bid of S & C Electric Company, in the amount of
$40,618.14 for two each 15 KV Automatic Load Transfer Equipment, in accordance
with bid proposal #4739.
Al3. 106: Accepting the bid of USCO Power Equipment Corporation, c/o Banes
and Associates, in the amount of $54,505.20 for 60 each 3000 AMP, Single Pole,
Hook Stick Disconnect Switches, 36 each Vertical Mounted, and 24 each
Horizontal Mounted, in accordance with bid #4727.
Al4. 106: Accepting the bid of Hadco Instruments, in the amount of $21,613.40
for one electric tachometer to be used by Field Engineering, in accordance
with bid g4748.
Al5. 106: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without sealed bid process to DeHart Homes, Inc., in
the amount of $31,161 for one Fleetwood Mobile Home Unit delivered and set up
at Fire Station #9.
106: Amending the Resource Allocation Plan to increase expenditure
appropriation in account #01-912-7105-WDCST, in the amount of $31,161; for the
Fleetwood Mobilehome Unit at Fire Station No. 9.
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City Hall. Anaheim, California - COUNCIL MINUTES November 7, 1989, 5:30 P.M.
Al6. This item was pulled from the Consent Calendar for further discussion.
(See end of Consent Calendar.)
Al7, 101,137; RESOLUTION NO, 89R-421: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN
LEASE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF
A PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL NOTICE OF SALE AND AN OFFICIAL
FORM IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION
RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT
THERETO. (Land Arena Acquisition Financing Project (Taxable), Resolution
approves the following documents: Site Lease, Lease Agreement, Trust
Agreement, Official Notice of Sale and Bid Form, Notice of Intention and
Preliminary Official Statement.)
Al8. 101,137; RESOLUTION NO, 89R-422; A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN
LEASE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF
A PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL NOTICE OF SALE AND AN OFFICIAL
FORM IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION
RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT
THERETO. (Capital Improvement Financing Project (Tax Exempt), resolution
approves the following documents: Acquisition Agreement, Lease Agreement,
Trust Agreement, Official Notice of Sale and Bid Form, Notice of Intention,
and Preliminary Official Statement.)
Al9. 123: Approving agreements with Boys & Girls Club of Anaheim, Feedback
Foundation, Inc., dba: Project T.L.C., and Volunteer Center of Orange
County-North, dba: Retired Senior Volunteer Program to provide designated
human services to Anaheim residents, and authorizing the Mayor and the City
Clerk to execute said agreements.
A20. 123: Approving a Sublease Agreement with Feedback Foundation, Inc., to
utilize the George Washington Community Center to provide meal programs and
other social and recreational activities for senior citizens, and authorizing
the Mayor and City Clerk to execute said sublease agreement.
A21. 123: Approving an agreement with Turning Point Family Services, Inc., in
the amount of $123,000 in Community Development Block Grant Funds, to provide
youth outreach services to the Downtown, Patrick Henry, Ponderosa Park, and
Jeffrey-Lynne neighborhoods, and authorizing the Mayor and City Clerk to
execute said agreement.
A22. 123: Approving an Agreement with Hispanic Management and Administration,
Inc., in the amount of $14,000 (to be reimbursed from gross gate receipts) for
a Latino Festival "Gracias '89", to be held on November 24, 25, and 26, 1989,
at La Palma Park.
A23. 123: Ratifying a rental agreement with King Hsiung Hu to rent an
apartment at 1329 Lynne Avenue, #6, as a mini-community center on a
month-to-month basis, and authorizing the Director of Parks, Recreation &
Community Services to execute and terminate said agreement.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5;30 P.M.
A24. 179/149: ORDINANCE NO. 5074 - INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF CHAPTER 18.06 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO VEHICLE PARKING AND LOADING
REQUIREMENTS.
A25. 166/142; ORDINANCE NO, 5075 - INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SUBSECTION .010 OF SECTION 4.04.130 OF CHAPTER 4.04 OF TITLE
4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNS. (Specifically, allowing
privately owned subdivision directional signs to be maintained in the public
rights-of-way pursuant to an encroachment agreement approved by the City.)
(Councilman Daly abstained.)
A26, 161,157; RESOLUTION NO. 89R-423: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED FIRST
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT
PROJECT, AUTHORIZING THE ESTABLISHMENT OF A DATE, TIME AND PLACE THEREFOR, AND
AUTHORIZING PUBLICATION AND MAILING OF NOTICE OF SUCH JOINT PUBLIC HEARING.
A27. 123: Approving an Affordable Housing Agreement with Trider Corporation
for the development of 117 senior rental units, (with 27 affordable units) on
property located at 415 South Anaheim Hills Road (in conjunction with
Conditional Use Permit No. 2809 - PC86-189).
A28, 107/142: ORDINANCE NO, 5076 - INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING CHAPTER 15.07 TO THE ANAHEIM MUNICIPAL CODE TO ESTABLISH
STANDARDS AND PROCEDURES FOR EARTHQUAKE HAZARD REDUCTION IN EXISTING
BUILDINGS. (As mandated by the State of California.)
A29. 146: Ratifying the subscription of the City of San Juan Capistrano to
the Santa Ana River Flood Protection Agency.
A30. 152/153: Authorizing City employees to voluntarily transfer vacation
hours from their vacation balances to the vacation account of Officer Michael
Helmick, an employee of the Police Department.
A31. 123: Approving an Agreement with Golden West Baseball Company for the
operations of the Anaheim Stadium Video Display Board, Matrix Message Boards,
and Auxiliary Scoreboards; and authorizing the Mayor to sign on behalf of the
City.
A32. 123: Approving an amendment to the lease agreement with Cal American
Capital Corporation for office space leased by the City in the Bank of America
Building for the Job Training Partnership Program.
A33, 153; RESOLUTION NO, 89R-424; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-281 WHICH ADOPTED THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM POLICE
ASSOCIATION. (Pertaining to Article 42, Sick Leave.)
A34, 153; RESOLUTION NO, ----; Amending Resolution No. 89R-366 which
established rates of compensation for classifications designated as
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City Hall, Anaheim, CalifOrnia - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
professional, to add the position of Transportation Systems Management
Specialist, effective November 10, 1989.
153: RESOLUTION NO, ----; Establishing rates of compensation for classes
assigned to the General City Employees Unit Represented by the Anaheim
Municipal Employees Association to create the new positions of Parking Lot
Coordinator and Parking Lot Supervisor, effective November 10, 1989.
153: RESOLUTION NO, ----; Amending Resolution No. 87R-287 which established
rates of compensation for classifications assigned to the General Unit of the
Anaheim Municipal Employees Association by creating the positions of Systems
Specialist I and Systems Specialist II, effective November 10, 1989.
City Manager Bob Simpson announced that staff has withdrawn the three
resolutions under item A34. These will be rescheduled at a later date.
A35. 175/113: RESOLUTION NO, 89R-425; A RESOLUTION OF THE CITY OF ANAHEIM
AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDINGS MORE THAN 100 DAYS
OLD. (Specifically Magnasync Voice Recording tapes 105 through 214, and tapes
1 through 83 in the Utilities Department, Systems Operations Division.)
.A36. 175.123: Approving the Adelanto-Lugo Transmission Project Planning
Agreement (as recommended by the Public Utilities Board at their regular
meeting of November 2, 1989), to provide a vehicle for organizing and funding
the planning activities related to development of the transmission line that
would connect the Adelanto and Lugo Substations; and authorizing the Public
Utilities General Manager to execute the final agreement on behalf of the City.
A37. 175.123: Approving a license agreement with Empire Cable Television,
Inc., to construct, operate, maintain and dedicate to the City a microwave
tower in the Serrano/Twin Peaks area near the City's Public Utilities
Reservoir Site.
A38. 123: Approving a Third Amendment to Agreement with Boyle Engineering
Corporation, in an amount not to exceed $150,000 for extra design work, soils
testing, surveying and other miscellaneous items for the Police Department
expansion project.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-421 through 89R-425, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
Al6. 106/156: PURCHASE ORDERS FOR COMPLEMENTARY EQUIPMENT AND INSTALTATION
FOR NEW 500 E POLICE HELICOPTER: Submitted was report dated October 29, 1989
from the Finance/Purchasing Division, recommending the following:
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City Hall. Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
That the Council waive Council Policy 306 and authorize the Purchasing Agent
to issue a purchase order without competitive bidding or advertising to
(1) FLIR System, Portland Oregon in the amount of $113,401.98 (including
tax) for one (1) Series 2000 Forward Looking Infrared Receiver (FLIR)
system for the Police helicopter;
(2) Air Comm Systems, Colton, California in the amount of $74,606
(including tax) for wiring, installation, and fitting of Forward Looking
Infrared Receiving (FLIR) Systems and communication equipment in the
Police helicopter; and
(3) Amend the Resource Allocation Plan to increase expenditure
appropriation in account 04-190-7121 (Police Forfeiture Fund) in the
amount of $120,401.98.
Councilman Daly stated he would like a one week continuance on the subject
since he did not have the opportunity to get all his questions answered
.regarding the purchase.
Purchasing Agent, Diane Hughart, confirmed for Councilwoman Kaywood that a one
week's continuance would not create a problem.
MOTION; Councilman Daly moved to continue the subject equipment purchase and
installation for one week. Councilman Hunter seconded the motion. MOTION
CARRIED.
114/156; POLICE DEPARTMENT REFURBISHING: Councilman Pickler asked for a
status report on the progress of the Police Department refurbishing, if it was
on schedule and within budget.
City Manager Simpson offered to have the Project Manager present at the next
meeting to bring the Council up to date; Councilman Pickler clarified that a
brief written report would suffice.
179; ORDINANCE NOS, 5077 THROUGH 5080 - INTRODUCTION; Councilman Pickler
offered Ordinance Nos. 5077 through 5080 for introduction. Refer to Ordinance
Book.
ORDINANCE NO, 5077; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 84-85-22,
located at 1695 West Sumac Lane, from the RS-7200 zone to the CO zone.)
ORDINANCE NO, 5078; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 87-88-52,
located on the southeast corner of La Palma Avenue and Anna Drive, from the CL
zone to the RM-1200 zone.)
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City Hall, Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
ORDINANCE NO, 5079; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 88-89-24,
located at 206 North Coffman Street, from the RS-7200 zone to the RM-1200
zone.)
ORDINANCE NO, 5080; AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING ORDINANCE
NO. 5019 AND AMENDING AND ADDING VARIOUS SECTIONS AND SUBSECTIONS TO CHAPTERS
18.31 AND 18.34 OF TITLE 18 RELATING TO RECREATIONAL-LEISURE AREAS IN
RESIDENTIAL, MULTIPLE-FAMILY ZONES.
179; ORDINANCE NO, 5073 - ADOPTION;
WAIVER OF READING - ORDINANCE; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5073)
Councilman Hunter moved to waive the reading in full of the ordinances.
Councilman Pickler seconded the motion. MOTION CARRIED.
ORDINANCE NO. 5073: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING. (Amending Title 18 to rezone property under
Reclassification No. 88-89-35, located at 644 South Webster Avenue, from the
RS-A-43,000 zone to the RM-1200 zone.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Ordinance No. 5073 duly passed and adopted.
186: ANNUAL REVIEW OF DEVELOPMENT AGREEMENT NO, 88-03 BETWEEN THE CITY OF
ANAHEIM AND THE BALDWIN COMPANY (THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN
(SP88-2) DEVELOPMENT); Submitted was report dated October 18, 1989 from the
Planning Division Manager, recommending that the Council determine that the
property owner has complied with the terms and conditions of the subject
development agreement.
MOTION: Councilman Pickler moved to determine that on the basis of the
evidence submitted by The Baldwin Company (the property owner of The Summit of
Anaheim Hills Specific Plan development area), that The Baldwin Company has
complied in good faith with the terms and conditions of Development Agreement
No. 88-03 for the 1988-1989 period under review. Councilman Hunter seconded
the motion. Councilman Daly abstained. MOTION CARRIED.
108; APPLICATION FOR POOL ROOM pERMIT - 1729 WEST LA PALMA AVENUE; Pool room
application submitted by Anucha Nittayanuparp to operate a pool room with six
pool tables on property located at 1729 W. La Palma Avenue. Submitted was
report dated September 26, 1989 from the Planning Department/Code Enforcement
Division, recommending denial of the application.
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City Hall. Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
City Clerk Leonora Sohl announced that since a public hearing was to be held
later in the meeting relating to the same property in conjunction with a
conditional use permit, the Council may wish to consider this item at that
time.
It was determined by a general Council consensus that the subject item be
trailed until later in the meeting to be considered in conjunction with the
public hearing on Conditional Use Permit No. 3194. See public hearing this
date. (6:37 p.m.)
Later in the meeting (7:31 p.m.), Councilman Hunter moved to deny the
application for a pool room permit at 1729 West La Palma Avenue, finding that
by reason of the location, the conducting or carrying on of a pool room would
be detrimental to the public health, order or welfare. Councilman Pickler
seconded the motion. MOTION CARRIED.
114/172: CONGESTION PROGRAM MANAGEMENT TASK FORCE; Discussion requested by
Councilman Pickler at the meeting of October 17, 1989, (Council Comments
section) to appoint a representative to serve on a Congestion Management
Program Task Force. (See minutes of October 17, 1989 and also letter dated
October 13, 1989 from Supervisor Tom Riley, Chairman, Orange County
Transportation Commission).
Councilman Daly moved to appoint Councilman Pickler, Anaheim's Policy Level
Representative on the Congestion Management Program Task Force, as outlined in
letter dated October 13, 1989 from Supervisor Tom Riley. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
Councilman Pickler moved to appoint Gary Johnson, Public Works/Engineering,
the City's Technical Level Representative ~n the Congestion Management
Program, as outlined in letter dated October 13, 1989 from Supervisor Tom
Riley. Councilman Ehrle seconded the motion. MOTION CARRIED.
114/108; DISCUSSION OF VENDING ORDINANCE NO, 4725: Discussion requested by
Mayor Hunter on the subject Ordinance.
Mayor Hunter. The 12-page vending ordinance was adopted in 1985. He was
opposed to the ordinance at that time and still is because he feels it needs
to be refined. Me would like to have a representative or some of the vendors
address the Council today on the problems they have encountered followed by
Council discussion and a determination on what they might do. A suggestion he
had made was to have representatives meet with the Code Enforcement Manager,
John Poole, and possibly work out a compromise. When the ordinance was
adopted, he remarked at that time that it was an overburdensome ordinance. He
would like it looked at again and this time, "whittled down" and a compromise
worked out that will be beneficial for all.
Councilman Pickler. When the ordinance was adopted, it was with the consensus
of the Chamber of Commerce, citizens, vendors and the business community. He
understands that the ordinance has been working well. He would like to first
have a report from John Poole, perhaps with input from the City
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City Hall. Anaheim. California - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
Attorney so that the Council can have something to look at as to how the
ordinance has been working. He thought that today the issue was going to be
discussed only amongst the Council. He reiterated he would first like a staff
report and when it is submitted, that it be placed on the agenda at that time.
Councilman Ehrle. He has no problem with one or two representatives coming
forward to address the issue.
Mayor Hunter. The ordinance contains provisions that he personally feels are
obtrusive, overburdensome and constitute harassment. It is not the fault of
staff or the vendors. The fault lies with the ordinance passed by the Council
which should be looked at again and revisions made to make it less
burdensome. He is not saying that the ordinance should be rescinded only that
some of its provisions are excessive.
Councilman Pickler. He reiterated all those citizens affected were taken into
consideration at the time the ordinance was considered and a conclusion
reached as to what the ordinance would contain. Now, some people cannot live
with the ordinance. He is certain it is mainly the vendors who want to see
the ordinance changed. It is a good ordinance and he does not want to see it
changed.
Mayor Hunter asked to hear from representatives of the vendors.
Salvador Sarmiento. He practices law in Anaheim but is present today as a
private citizen. He has represented the vendors from time to time and was
involved in negotiations when the vending ordinance was enacted. The vendors
knew something was going to happen and attempted to influence what was going
to take place. The vendors were displeased. It is evident there is a demand
for their services. If not, they would have been out of business long ago.
Even under the City's burdensome regulations, they have and will continue to
exist. They agree with Mayor Hunter that the ordinance is overburdensome and
overregulating. There are presently health ordinances and statutes that cover
the area of community concern. There are also vehicle code statutes. The
current vending ordinance overlaps in many different areas. It is
harassment. The Code Enforcement people do not really know how to go about
enforcing the ordinance which is not their fault. What he and the vendors are
asking for is that the Council take another 100k at the ordinance at this tima
and attempt to eliminate those provisions that overlap with other code
sections such as noise abatement. The present ordinance is making it
difficult for Code Enforcement to know what section of the code they are to
carry out. He suggests the Council form a commission consisting of
representatives of the vendors and the community. If there is need for
historical background, he is willing to assist. The ordinance is not working
out. There have been complaints for the last three or four years. Judges in
North Court are tired of hearing the cases generated by the enforcement of the
ordinance.
Councilwoman Kaywood. She recalled that when the provisions of the ordinance
were negotiated, all those involved including a representative of the vendors
agreed to the final outcome; Salvador Sarmiento. He cannot say that, the
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City Hall. Anaheim, California COUNCIL MINUTES November 7, 1989, 5:30 P.M.
vendors never accepted it or liked it. He was involved in the negotiating
effort.
Pedro Vasquez, Latin American Vendors Association, then spoke through Mr.
Sarmtento as interpreter. They have labored under the ordinance for three
years. The provisions are very difficult to enforce. The vendors are the
people who have to work on the project to come up with something positive to
have better services and better understanding. He then submitted several
folders which contained photos and narrative, pointing out the kinds of
infractions the vendors have been cited for and the time frames involved. If
he told the Council everything that happens everyday, it would "fill a
train." He urged the Council to again look at the ordinance.
Answering Councilman Daly, City Attorney White stated relative to the
experience in the past three years on the number and kinds of cases heard at
North Court on the ordinance, he cannot speak without going back and checking
the information. However, there have been cases where judges have dismissed
the complaints on various technical grounds relating to some judge's feelings
these are not the type of cases that they wish to have in their court room.
On the other hand, there have been some cases where they have been successful
in the prosecution. He would have to check the statistics compiled. There
are seven City Attorneys in North Orange County Court at this time and he
would say that less than 1% of their time is spent on street vendor violations.
Amin David, President, Los Amigos of Orange County, 419 South Colt, Anaheim.
He is present since the Latino Vendors Association are members of Los Amigos.
The ordinance is cumbersome and unrealistic. It is not cast in stone and it
can be reworked to eliminate the element of unreasonableness on the vendors.
There are problems that have to be attended to from vendors who are doing
other than vending. The concern is with the vendors who are law abiding, pay
taxes, and some who live in Anaheim who are saying that the ordinance is
strangling them and not allowing them to do what they feel there is a place
for them to do. He is asking that the matter be given to a committee chosen
by the Council with not only representatives of the bureaucracy of the City,
but also business people and people who know how to sell in market. They
stand ready to serve on the subject committee and when their work is finished
that the recommendations be submitted to the Council.
Councilwoman Maywood. She recounted the reason why the ordinance was adopted
at the outset. There was a great amount of turmoil and residents were
complaining of the noise, trucks blocking traffic, dirt and garbage strewn
along behind the trucks, etc. The situation had been going on for years and
people were unhappy. She has not heard a single complaint from any resident
since the new ordinance has been in effect.
After additional discussion between Councilwoman Kaywood and Mr. David, Code
Enforcement Manager, John Poole, gave input. For years there has been street
vending in the City but in the last few years it has grown tremendously. Mr.
David mentioned that the Karcher/Berry Development (Park Vista) is going to
allow two vendors into that community which probably will not be a problem.
It is in other areas of the City such as Jeffrey/Lynn that problems have been
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City Hall, Anaheim, California - COUNCIL MINUTES November 7, 1989, 5:30 P,M.
experienced and the reason why the ordinance came about. Code Enforcement is
not trying to nitptck. They agree that people should have the right to make a
living. Residents also have a right to peace and quiet. He will be happy to
meet with the vendors. He has met with Mr. Vasquez and Los Amigos all along.
He (Poole), is compelled to uphold the law as it is written. He also feels
that the ordinance has to be rather restrictive because there is such a fine
balance where there are residential areas where they want to maintain the
quality of life. In order to do that it is not possible to have someone
operating a "store" in residential areas 12 hours a day. There has to be
reasonableness on both sides and there has to be some control. They are very
open to talk to the vendors but on the other hand want to protect the rights
of the residents as well.
MOTION; Councilman Ehrle moved that a task force be formed with
representatives from staff including the City Attorney's Office,
representatives from the Vendors Association and representatives from the
Chamber of Commerce and that the Committee submit their recommendations on
possible amendments to the ordinance to the Council in four or five weeks.
Before further action was taken, Councilman Ehrle stated there seems to be
agreement by Council majority that there should be a review of the ordinance.
Formation of a task force to analyze it will give an opportunity to determine
what changes can be made to make it more equitable.
Councilman Daly suggested that the task force consist of three members of the
Vendors Association, three members of City staff and one representative from
the Chamber of Commerce. He is particularly interested in knowing the
Chamber's feeling on the issue; Councilman Ehrle agreed to the number and
makeup of the task force. :
Councilman Pickler. He has no problem in forming a task force but feels they
are rushing into something. He reiterated that he would first want a report
from staff to determine the facts in the matter and then if the majority of
the Council wants.to act, that they do so at the next meeting. Staff should
indicate the makeup of the Committee. He feels if there was a vote of the
people regarding the current ordinance as it stands, there would be a large
majority in favor of retaining it as is.
City Attorney Whlte then clarified for Councilwoman Kaywood that there are
various sections of the code that do apply other than this particular
ordinance. It is important to have a policy decision made and arrived at as
to what type of regulation the Council wants and then act to change whatever
ordinances need to be changed to be submitted to the Council. There are other
ordinances that would have to be changed if the vending ordinance is amended.
Councilwoman Kaywood. The vendors have expressed concern that the ordinance
is long, which is true, but it is because other sections of the code were
incorporated into it done purposely so that all provisions would be in one
place instead of having to go through all the codesin the City.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5;30 P.M.
City Attorney White. The attempt was to put things in the ordinance that were
also contained in other code sections so it could all be seen in one place.
If changes are made, it would also necessitate going back and changing those
other provisions. After further discussion on the motion and a time frame to
bring the matter back to the Council a vote was then taken on the motion
offered by Councilman Ehrle, seconded the by Councilman Hunter, clarified as
follows: Approving formation of a seven-member Task Force consisting of three
vendor representatives, three City staff members and one representative from
the Chamber of Commerce to review the vending ordinance, recommend any changes
and subsequently submit findings to the Council on January 9, 1990. Council
Members Pickler and Kaywood voted no. MOTION CARRIED.
ITEMS OF pUBLIC INTEREST:
Mr. Ed Skinner, 3279 West Transit, Anaheim. He is concerned over a new policy
for trash collection being implemented in the City on a test basis and plan
for City-wide implementation. He has several questions to address to the
Council which do not need answers tonight but are to be considered before
making a final decision on the program. There has been a 28¢ "tax" increase
on utility bills to pay for the new equipment for Anaheim Disposal and he
questions why. Anaheim Disposal is going to be allowed to recycle and hold
the profits from recycling. He does not see why he should pay to offset the
cost of the equipment. He does not agree with the 28¢ increase. He wants to
know if in the future residents are going to be allowed to put grass
trimmings, tree trimmings and the like in trash containers. There is also an
additional charge if he should need a second or third container. He has
already bought adequate trash cans for his needs. He does not see why he
should have to pay a rental of $50 or $60 a year for something he already
has. If he has to pay for the containers straight out, he can understand
that. He has spoken with a representative of the committee studying the
trash/recycling matter who informed him if a person has more trash, then that
person pays pro rata to have the extra trash collected. Most homeowners are
already paying an additional tax to the City through property taxes. He
encouraged the Council to see to it that residents are on the committee
studying the matter. He plans to attend the meetings to be held on the issue.
114/148; PUBLIC HEARING - ABANDONMENT 89-7A; In accordance with application
filed by Pat Investments, Inc., 701 S. Parker, Suite 2700, Orange, CA 92668,
public hearing was held on proposed abandonment of a storm drain easement at
719 West La Palma Avenue, pursuant to Resolution No. 89R-413, duly published
in the Anaheim Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated October 10, 1989 was submitted recommending
approval of said abandonment.
Mayor Hunter asked if anyone wished to address the Council; there being no
response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, the City Council determined that
the proposed activity falls within the definition of Section 3.01 Class 5, of
the City of Anaheim guidelines to the requirements for an Environmental Impact
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City Hall, Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
Report and is, therefore, categorically exempt from the requirement to file an
EIR. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-426)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-426 for adoption, approving
Abandonment No. 89-7A. Refer to Resolution Book.
RESOLUTION NO, 89R-426: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A CERTAIN STORM DRAIN EASEMENT. (89-7A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-426 duly passed and adopted.
179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO.
3194 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
James Tong and Amy Tong
2744 N. Vista Crest, Orange, CA 92667
AGENT:
Anucha Nittayanuparp
13051 Polomar Street
Westminster, CA 92683
LOCATION/REQUEST: The property is located at 1729 La Palma Street. The
request is to permit a public dance hall and amusement facility with on-sale
beer and wine in conjunction with an existing pool hall with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3194 was
denied (PC89-223) (6 yes votes, 1 absent); Waiver of code requirement was
denied; approved Negative Declaration.
HEARING SET ON:
A Letter of appeal was submitted by the agent, Anucha Nittayanuparp, and
public hearing Scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 26, 1989.
Posting of property October 25, 1989.
Mailing to property owners within 300 feet - October 27, 1989.
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City Hall, Anaheim, California - COUNCIL MINUTES November 7, 1989, 5;30 P.M.
City Attorney White.
He referred to the earlier item on the agenda for a pool room
application by the subject applicant to operate a pool room with
six pool tables on property located at 1729 West La Palma
Avenue. That item was trailed to this time. While a public
hearing is not required on that issue, he recommended if Council
desires, they can receive testimony in conjunction with the pool
room item and the subject public hearing and act upon those
separately after hearing all testimony and evidence in both
matters.
APPLICANT'S
STATEMENT:
Joe Little, 150 North East Street.
He is assisting the applicants but is not an attorney or legal
representative. He then presented to the Council a sheet
entitled - Presentation before Anaheim City Council - Re:
Conditional Use Permit No. 3194 which listed six items. He
briefed the sheet explaining the reasons they appealed the
decision of denial by the Planning Commission, mainly due to
what the applicant felt was a misunderstanding. The project is
in a shopping center that is somewhat on the decline and
individual areas have been vacant for about a year. There are
three bays involved and the applicant previously received a
permit to put two pool tables in one of the bays. They have
expanded the request to six pool tables and in the third bay to
put in three ping pong tables along with beer and wine. It is
intended to be a recreation area for Thai-Lao citizens. The
intent is that on weekend evenings the ping pong tables be set
aside and dancing allowed in that area. This brought about the
misunderstanding because of the required dance hall permit. If
the entire 4,500 square feet is considered a dance hall, then
the required parking is approximately 159 spaces. If only the
small area is considered as a dance hall, then required parking
is 50 spaces. An outside civil engineer, supported in his
findings by the City Traffic Engineer, has determined that the
smaller number of spaces is the appropriate number. On that
basis, the issue is simplified into one that can be approved.
There has been no opposition to the proposal. The applicants
have agreed to all conditions imposed except for one condition,
that there be mutual use of parking with the adjacent
businesses. Since parking is now down to what is available,
they feel that is no longer an issue. The conditions also
require that the curb radius be changed. They are asking that
they be allowed to conduct their business before those
improvements are made. The applicant is willing to post a bond
to that effect.
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
1021
City Hall, Apaheim, CalSfornia - COUNCIL MINUTES - November 7, 1989, 5;30 P.M.
Councilwoman Kaywood noted that a letter was received in
opposition which was from one of the neighboring businesses.
(See letter dated October 26, 1989 from R & G Boyd Inc.,
previously made a part of the record); Mr. Little stated they
were not aware of any opposition.
Councilwoman Kaywood.
She noted the letter stated parking is already very limited in
front of the stores and the concern is that patrons will seek
parking in neighboring parking lots. Overflow parking may also
seek to park in residential areas.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-427)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-427 for adoption, denying
Conditional Use Permit No. 3194. Refer to Resolution Book.
RESOLUTION NO, 89R-427: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3194.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-427 duly passed and adopted.
MOTION; Councilman Hunter moved to deny the pool room application submitted
by Anucha Ntttayanuparp to operate a pool room with six pool tables on
property located at 1729 West La Palma Avenue, finding that by reason of the
location, the conducting or carrying on of a pool room would be detrimental to
the public health, order or welfare. Councilman Pickler seconded the motion.
MOTION CARRIED.
It was determined that the following two issues would be heard as one public
hearing since both the variance and Conditional Use Permit involved the same
business and address but with separate action to be taken on each after the
hearing.
1022
City Hall, Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
179/155;
APPLICANT:
PUBLIC HEARING - VARIANCE NO 3986 AND NEGATIVE DECLARATION:
OWNER:
P/A State College Investors
15751 Rockfield Boulevard, Suite 200,
Irvtne, CA 92718
AGENT:
Larry Lake
15751 Rockfleld Boulevard, Suite 200,
Irvtne CA 92718
LOCATION/REQUEST: The property is located at 1177 S. State College Boulevard
(north of Ball Road). The request is for waiver of minimum number of parking
spaces to establish a take-out pizza restaurant in an existing commercial
retail center.
ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 3986 was granted
(PC89-220) with the condition that deliveries be made with driver's own
vehicles (6 yes votes, 1 absent). Planning Commission requested that City
Council review this item in conjunction with report and recommendation item
pertaining to request for amendment to condition of approval on CUP 3051;
approved Negative Declaration.
179/155; CONDITIONAL USE PERMIT NO, 3051 - AMENDMENT TO CONDITION OF APPROVAL
(RECOMMENDATION TO CITY COUNCIL):
REQUESTED BY: Larry Lake, Park/Abrams Development Co.
15751 Rockfield Boulevard, Suite 200,
Irvine CA 92718
LOCATION/REQUEST: The property is located at 1177 S. State College Boulevard
(north of Ball Road). The request is for an amendment to condition of
approval in conjunction with a take-out pizza restaurant.
ACTION TAKEN BY THE ~LANNING COMMISSION: Recommended City Council Resolution
88R-373, Condition No. 6 be modified to read "no take out food services,
except the 950 sq. ft. approved in Variance 3986", item listed above on
today's agenda (Item D3).
HEARING SET ON:
A review of the Planning Commission's decision on both Variance No. 3986 and
Conditional Use Permit No. 3051 was requested by Councilwoman Kaywood and
Councilman Pickler at the meeting of October 3, 1989, and public hearings
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 26, 1989.
Posting of property October 25, 1989.
Mailing to property owners within 300 feet - October 27, 1989.
APPLICANT'S
STATEMENT:
Larry Lake, representing the owners of property at 1177 S. State
College Boulevard.
1023
City Hall, Anaheim, California - COUNCIL MINUTES November 7, 1989, 5:30 P.M.
This is a new retail center. The original developers were
Park/Abrams which closed escrow during the proceedings. He
represents them as well. Peli's Pizza is a concept similar to
Domino's which is 75% delivery. An independent traffic study
was done which was supported by the Traffic Engineer and
concluded that no more traffic would be created by this use than
any other normal retail use in the center. At the public
hearing before the Planning Commission, no one spoke in
opposition. It was approved unanimously by the Commission with
one abstention. He noted that Councilwoman Kaywood and
Councilman Pickler had questions. The Chief Operations Officer
of Pelt's Pizza is present today.
Councilwoman Kaywood.
She was interested in the rationale behind the drivers using
their own vehicles.
Hugh Counts, 3326 Calle La Vida, San Clemente.
He submitted brochures to the Council explaining their concept.
Their purpose for using non-company vehicles has to do with
insurance. Each of the drivers has a good driving record and
the drivers have insurance on their own automobiles. There is
also insurance through the corporation. Rather than purchasing
vehicles, they pay mileage and the drivers can use their own
vehicles which works out more efficiently for the purpose of
delivery. There is also less parking required. Their business
is mainly after 5 p.m. Most of the pizzas are delivered in the
evening rather than the day. It is only take-out and delivery.
There is no seating capacity.
Councilman Pickler.
He noted that no seating is proposed; however, he would like to
have stipulated that there be no seating at all. He does not
mind if patrons sit and wait for their order but wants to be
assured that there will be no serving of food at the business.
Annika Santalahti, Zoning Administrator.
The Council can impose a condition that there be no seating for
eating purposes on the premises.
Hugh Counts.
That is the concept. Although they do have seating for people
waiting to take food out, their complete concept is take-out and
delivery.
COUNCIL ACTION:
There being no further persons who wished to speak on either Variance No. 3986
or Conditional Use Permit No. 3051,Mayor Hunter closed the public hearing on
both matters.
ACTION TAKEN ON VARIANCE NO. 3986;
1024
City Hall, Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5:30 P.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-428)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-428 for adoption, granting
Variance No. 3986, subject to City Planning Commission conditions, along with
the stipulation that there be no seating for eating purposes. Refer to
Resolution Book.
RESOLUTION NO, 89R-428; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3986.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-428 duly passed and adopted.
Councilwoman Kaywood.
She did not get her question answered on how they can be sure
all the drivers are good drivers and how their insurance would
cover the situation. She is concerned about that concept.
ACTION TAKEN ON CONDITIONAL USE PERMIT NO. 3051:
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-429)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
1025
City Hall, Anaheim, California - COUNCIL MINUTES - November 7, 1989, 5;30 P.M.
Councilman Pickler offered Resolution No. 89R-429 for adoption, approving the
requested amendment to condition of approval of Conditional Use Permit No.
3051 with Condition No. 6 modified to read "no take-out food services, except
the 950 square foot approved in Variance No. 3986." Refer to Resolution Book.
RESOLUTION NO, 89R-429; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 3051 AND AMENDING RESOLUTION NO. 88R-373.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-429 duly passed and adopted.
114/148; ANNUAL LEAGUE OF CITIES MEETING - SAN FRANCISCO, DECEMBER 17 THROUGH
DECEMBER 19, 1989; Councilman Daly questioned whether or not there would be a
City Council meeting on December 19, 1989 since the League meeting which was
canceled due to the San Francisco earthquake in October has now been
rescheduled. He is planning to attend; Councilman Pickler stated he is also
planning to attend the League meeting. It was determined that the three
remaining Council Members were not planning to attend the meeting.
City Attorney White. Another consideration for Council is the fact that many
members of staff including himself are waiting to see what the Council is
planning to do on that date. If the Council is going to meet, staff will not
be attending the League meeting in San Francisco. It was determined by
general Council consensus that the City Council meeting of December 19, 1989
be cancelled due to the Annual League of Cities meeting to be held in San
Francisco.
Before concluding, City Clerk Sohl referred to the voting delegate form
received from the League. She assumed that Councilman Pickler would remain
the voting delegate.
It was further determined by the Council that Councilman Pickler would remain
the voting delegate for the L~ague of Cities meeting and that Councilman Daly
be the alternate.
RECESS: By general consent the Council recessed to Closed Session.
(7:45 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (9:05 p.m.)
153: EXECUTIVE SEARCH SERVICES - CiTY MANAGER RECRUITMENT; Councilman Hunter
moved to direct the City Attorney to prepare an agreement with Ralph Andersen
& Associates for Executive Search Services in conjunction with the City
Manager Recruitment and agendtzing the agreement for the City Council meeting
of November 14, 1989. Councilman Ehrle seconded the motion. MOTION CARRIED.
1026
City Hall. Anaheim. California - COUNCIL MINUTES - November 7, 1989, 5:30
ADJOURNMENT; Councilman Hunter moved to adjourn.
the motion. MOTION CARRIED. (9:07 p.m.)
LEONORA N. SOHL, CITY CLERK
Councilman Ehrle seconded
1027