1988/01/05185
City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 6:39 P.M.
The Assistant City Clerk called the regular meeting of the Anaheim City
Council to order at 12:00 noon and recessed same until 4:00 p.m. for lack of a
quorum.
The City Council of the City of Anaheim met in regular session.
The Mayor called the meeting to order at 4:08 p.m.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt
TRAFFIC ENGINEER: Paul Singer
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:00 p.m. on December 31, 1987 at the Civic Center kiosk, containing
all items as shown herein.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No. 40-92-46; City of Anaheim vs.
Anaheim Hotel Partnership 0.C.S.C.C. No. 46-96-59; City of Anaheim
vs. Chevy Chase Partners Condemnation Cases, O.C.S.C.C. Nos. 53-79-85
through 53-79-99.
b. Labor relations matters - Government Code Section 54957.6.
c. Personnel matters - Government Code Section 54957.
d. Potential litigation pursuant to Government Code Section
54956.9(c).
Councilwoman Kaywood moved to recess into Closed Session. Councilman Ehrle
secoEded the motion. MOTION CARKIED. (4:08 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(6:39 p.m.)
INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the
Invocation.
City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
119: DECLARATIONS OF APPRECIATION: Declarations of Appreciation was
unanimously adopted by the City Council and presented to retiring employees
with 20 or more years service, extending sincere appreciation to those
employees for their long and dedicated service to the citizens of the City of
Anaheim.
Mayor Bay, on behalf of the Council and the citizens of Anaheim, stated this
was a special time and the reason for the Chamber filled to capacity in order
to recognize nearly 50 employees who have given at least 20 years of their
lives to the City of Anaheim.
After reading the Declaration of Commendation to be presented to individual
retirees, the Mayor and Council Members personally thanked those employees who
were present for the ceremony. Those being honored were as follows:
City Attorney's Office: Frances Morse. Convention Center: Doris Brown.
Data Processing: Larry Runion. Engineering: Lucille Moses, Charles Munson,
Allan McDougall, Herman Stoffel, "Jay" Titus, Hal Fein. Fire Department:
Gary Braaten, James Burlson, James Buskirk, Dennis Clark, Mont D. Connell, Tom
Ellis, Ron Evans, Gary Hilton, Charles Kanenbley, John Ladig, Nell Teague,
Harold Thurber, Charles Waters. Facility Maintenance: Ramon Contreras,
Delbert Davidson, Don Henderson, Francis Lynch, Donald Tipton, Bill White.
Parks, Recreation & Community Services: Bob Bogart, Tom Dillon, Patsy Ray.
Police Department: Grace Field, Richard Gray, Jimmie Kennedy, Martin
Mitchell, Jim Thalman. Stadium: William Turner. Utilities: Richard Armand,
James Carroll, Charles Ruppe, Vern Swearingen.
Bob Hirst, Anaheim Fire Association, then gave a presentation which was a
tribute to the many retirees in the Fire Department - men who meant a great
deal to him personally and to the City and citizens they served, not only in
their professional capacity, but also in the personal sacrifice and caring
they gave to those they served who had either suffered the loss of loved ones
or all of their material possessions. They had served the City proudly and
with dignity and are deserving of praise.
At the conclusion of presentations, the Council recessed to host a reception
for the retirees. (7:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (7:25 p.m.)
119: DECLARATION OF CONDOLENCE: A Declaration of Condolence was unanimously
adopted by the City Council and presented to Mrs. Willie St. Clair accompanied
by her family recognizing Willie, a 20-year City employee, for his many
contributions to the City of Anaheim. Mayor Bay and Council Members
personally expressed their condolences on the passing of Mr. St Clair.
119: DECLARATION OF CONDOLENCE: A Declaration of Condolence was unanimously
adopted by the City Council and presented to Mrs. John Max accompanied by her
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City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
family, recognizing John, a 20-year City employee, for his contributions to
the City of Anaheim. Mayor Bay and Council Members personally expressed their
deepest sympathy on the passing of Mr. Max.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held December 1 and December 8, 1987. Councilman Pickler seconded
the motion. MOTION CARRIED.
FINanCIAL DEMANDS AGAINST THE CITY in the amount of $2,687,957.22, in
accoz'dance with the 1987-88 Budget, were approved.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following
resolutions on the Consent Calendar were read by the City Manager.
(Resolution Nos. 88R-1 and 88R-2)
Councilman Pickler moved to waive the reading in full of the ordinances and
resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED.
CiIY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickier,
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. 88R-1 and 88R-2 for adoption. Refer to Resolution
Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by March Andrew Hargrove for bodily injury sustained
purportedly due to actions of the City on or about September 9, 1987.
b. Claim submitted by Stephen & Brandi Johnson for property damage
sustained purportedly due to actions of the City on or about November 9, 1987.
c. Claim submitted by Norma Jean Knieriem for bodily injury sustained
purportedly due to actions of the City on or about August 23, 1987.
d. Claim submitted by Martha A. Perez for property damage sustained
purportedly due to actions of the City on or about December 16, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission, Minutes of November 18 and
December 9, 1987.
b. 105: Public Library Board, Minutes of November 25, 1987.
3. 123: Authorizing a Lease-Purchase and 0perationai-Service Agreement with
the County of Orange for Fire Communications System Field Equipment and System
Backbone with the County of Orange for the 800 MHZ fire communication system
for the term June 1988 and ending June 1993.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
4. 179: Granting an extension of time for Conditional Use Permit No. 2651,
to construct an il-story, 128.5 foot high hotel with on-premises sale and
consumption of alcoholic beverages and accessory uses, and to construct a 12
and 15-story, 182-foot and 222.5 foot high commercial office complex on
property located on the south side of Katella Avenue, approximately 2,100 feet
east of State College Boulevard, to expire on February 26, 1989.
5. 123: Authorizing the Human Resources Director to execute an amendment to
the agreement with Martin Luther Hospital for Employee Assistance Program
services, extending the term through December 31, 1988.
6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corporation in the
amount of $109,629.44 for one used demonstrator digger/derrick truck.
7. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $26,349.17 for two
each passenger vans, in accordance with Bid No. A-4521.
8. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $83,102.37 for three
5-yard dump trucks, in accordance with Bid No. A-4511.
9. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of ~71,675.86 for six 1/2
ton pick-up trucks, in accordance with Bid No. A-4513.
10. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $68,794 for two trucks
with chipper body, hoist and cover, in accordance with Bid No. A-4514.
11. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $13,573.30 for one
skid-steer compact loader, in accordance with Bid No. A-4515.
12. 152/117/175: Authorizing the Public Utilities General Manager and City
Treasurer to take the necessary actions to liquidate certain 'currently held
securities which were received in settlement of unpaid utility bills.
13. 167: RESOLUTION NO. 88R-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(RIVAKSIDE (91) FREEWAY/LAKEVIEW AVENUE IMPrOVeMENT PROJECT, ACCOUNT
NO. 49-794-§325-E4330) (Steiny & Company, contractor, and authorizing filing
of the Notice of Completion therefor)
14. 153: RESOLUTION NO. 88R-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 8R-82 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART TIME CLASSIFICATIONS WITH FULL TIME
EQUIVALENTS. (creating part time classifications for Police Officer Master
Advanced, Police Photographer, Real Property Specialist, Senior Accounting
Specialist and Senior Traffic Signal Technician, effective January 8, 1988)
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City Hall~ Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
15. 153/156/101: Ratifying the appointment of Martin Mitchell as Interim
Chief of Police, effective 12-31-87, and the appointment of Greg Smith as
Interim Stadium General Manager, effective 12-31-87, and authorizing the City
Manager to execute documents in connection therewith.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 88R-1 and 88R-2 duly passed and adopted.
End of Consent Calendar.
123: AGREEMENT WITH ANAHEIM POLICE ASSOCIATION - ONE TIME VACATION BUY OUT:
City Attorney Jack White. The following came up as an emergency item since
the agenda was prepared and it is necessary to take action today.
On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the Anaheim
City Council determined that the need to act on the following item arose after
the posting of the agenda for this meeting, on Friday, December 31, 1987, at
3:00 p.m.; and consequently waived the Brown Act requirement relative to
posting the item on the printed agenda. MOTION CARRIED.
WAIVER OF READING - P~ESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-3)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Ehrle offered Resolution 88R-3 for adoption, approving an agreement
between the Anaheim Police Association and the City of Anaheim on a one time
vacation buy out for employees represented by the Association, as recommended
in memorandum dated January 4, 1988 from the Human Resources Director. Refer
to Resolution Book.
RESOLUTION NO. 88R-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AGREEMENT BETWEEN TNE ANANEIM POLICE A§g0CIATION AND TNE CITY OF
ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-3 duly passed and adopted.
175: REVISIONS TO ELECTRIC RATES, RULES AND REGULATIONS:
City Hall, Anmheim, California - COUNCIL'MINUTES - January 5, 1988, 1:30 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-4)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 88R-4 for adoption, amending the
rates, rules and regulations for the sale and distribution of electric energy
as adopted by City Council Resolution No. 71R-478 and most recently amended by
Resolution No. 86R-540, as recommended in memorandum dated December 28, 1987
from the Secretary of the Public Utilities Boards. Refer to Resolution Book.
RESOLUTION NO. 88R-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF
ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO. 71R-478 AND MOST
RECENTLY AMENDED BY CITY COUNCIL RESOLUTION NO. 86R-540.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-4 duly passed and adopted.
Gordon Hoyt, Public Utilities General Manager. With respect to two items on
the agenda, he explained the securities which they had indicated they had
received in payment from bad utility bills were valued at $160,000 - the total
today is $193,000.
Another item he would like to report, today Standard & Poor who rates
municipal bonds informed him that they raised the utilities water bonds rating
from double AA minus to double AA which means they have a double AA from both
Moodys and Standard & Poor. The water utility now has a bond rating as good
as the State of California.
179/142: ORDINANCE NO. 4893: Adding new Section 1.04.150 and amending
Section 1.04.160 and amending the definitions of "Planning Department" and
"Planning Director" as set forth in Section 18.01.170 of the Code, relating to
officers and departments.
Councilman Bay offered Ordinance No. 4893 for first reading, as recommended in
memorandum dated December 22, 1987 from the City Attorney's Office.
ORDINANCE NO. 4893: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
1.04.150 TO CHAPTER 1.04, AND AMENDING SECTION 1.04.160 OF CHAPTER 1.04 OF
TITLE 1, AND AMENDING THE DEFINITIONS OF "PLANNING DEPARTMENT" AND "PLANNING
DIRECTOR" AS SET FORTH IN SECTION 18.01.170 OF CHAPTER 18.01 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO OFFICERS AND DEPARTMENTS.
105: YOUTH COMMISSION APPOINTMENTS: To appoint members to the Youth
Commission, designating alternates and termination of a Youth Commissioner.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
Councilwoman Kaywood moved to terminate the term of Becky L. Edmonds as Youth
Commissioner. Councilman Bay seconded the motion. MOTION CARRIED.
Councilwoman Kaywood moved to appoint Rebecca Boyts to the Youth Commission
for the term ending December 31, 1988 (the term vacated by Edmonds) and Peter
Campellone for the term ending December 31, 1988 which filled a vacant seat on
the Commission. Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood moved to appoint the following as two alternates to the
Youth Commission to replace Boyts and Campellone, now appointed as Youth
Commissioners: Elizabeth Rogers, first alternate - Juan Carlos Martinez,
second alternate.
Councilwoman Kaywood moved to appoint Jayson Ross Orvis (previously third
alternate) to the Youth Commission for the term ending December 31, 1988
(replacing Joan Chang) and reappointing Christina Lenarz and Nathan Weidenman
to the Youth Commission for the term ending December 31, 1988. MOTION CARRIED.
106: RECOMMENDATIONS FOR BALANCING THE FISCAL YEAR 1987/88 RESOURCE
ALLOCATION PLAN: Mayor Bay stated the Council has recommendations relative to
the subject. He suggested that the matter be discussed at the next meeting.
MOTION: Councilman Bay moved to continue discussion of balancing the Fiscal
Year 1987/88 Resource Allocation Plan for one week. Councilman Hunter
seconded the motion. MOTION CARRIED.
179: REVIEW OF THE ZONING ADMINISTRATOR'S DECISIONS - DECEMBER 17, 1987:
1. VARIANCE NO. 3731: Submitted by Kang-Shen and Shu-Jen Chen, to construct
a 2-1/2 story, 36-foot high single-family residence on property located at
2698 East Overlook Terrace, with the following Code waivers: (a) minimum
structural setback, (b) maximum structural height.
Annika Santalahti, Zoning Administrator, pursuant to Decision No. ZA87-38,
approved, in part, Variance No. 3731, and granted a negative declaration.
decision date was December 23, 1987.
The
2. VARIANCE NO. 3715: Submitted by Louis Shapiro, to retain a 6-foot high
fence on property located at 1345 Pembrooke Lane, with Code waiver of maximum
fence height in front yard.
Annika Santalahti, Zoning Administrator, pursuant to Decision No. ZA87-39,
approved Variance No. 3715, and ratified the Zoning Director's categorical
exemption determination (Class 3). The decision date was December 23, 1987.
3. VARIANCE NO. 3726 (READV.): Submitted by Irajh. Eftekhari and Fatemeh
Goodarzi, to construct a 2-story, 36.5-foot high single-family residence on
property located at 301 South Penny Lane, with Code waiver of maximum
structural height.
Annika Santalahti, Zoning Administrator, pursuant to Decision No. ZA87-40,
denied Variance No. 3726 (Readv.), and ratified the Zoning Director's
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City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
categorical exemption determination (Class 5). The decision date was
December 23, 1987.
4. VARIANCE NO. 3733: Submitted by Ciba-Geigy Corporation, to construct a
32,058 square foot addition to an existing industrial building on property
located at 5115 E. La Palma Avenue, with Code waiver of minimum number of
parking spaces.
Annika Santalahti, Zoning Administrator, pursuant to Decision No. ZA87-41,
approved Variance No. 3733, and granted a negative declaration. The decision
date was December 23, 1987.
End of Zoning Administrator Items.
179/114: PROLIFERATION OF CONVENIENCE MARKETS: Councilman Pickler expressed
concern over the proliferation of convenience markets, especially at critical
intersections where he feels they do not belong. He would like the Council to
have some control over where convenience markets are going to be located in
the City. He wanted to bring the matter to the Council's attention and ask
that staff look at the issue and subsequently report back to the Council.
Council Members Ehrle and Kaywood concurred that a report would be in order
with a possibility of a Code change.
City Manager Bob Simpson stated that the issue could be brought back to the
Council in approximately 30 days.
Mayor Bay recommended that Councilman Pickler and any other Council Members be
more specific in their direction to staff and discuss the matter with them to
clarify whether the concern is specifically with convenience stores, those
that are combined with service stations or those that are not, those that sell
liquor and those that do not, etc.
It was determined tl~t the matter will be discussed at a future Council
meeting after a report is prepared by staff.
150/114: ENFORCEMENT OF NO SMOKING AT THE SENIOR CITIZEN CENTER:
Councilwoman Kaywood reported that she had received a number of letters
expressing great concarn over the fact that people are smoking at the Senior
Citizen's Center even though it is a non-smoking area and signs are posted.
The seniors are requesting that the City's ordinance be enforced. She would
like to know in a report from staff how the no smoking ordinance can be
enforced at the Senior Citizen's Center to answer the complaints that have
been received.
ITEMS OF PUBLIC INTEREST:
Betty Ronconi, 1241 So. Walnut Street. Relative to regulation of convenience
markets, she urged the Council to move forward with such regulations. She
expressed concern over the 24-hour convenience market at the corner of Ball
Road and Walnut Street which the Council approved over the objection of the
neighborhood.
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City Nmll, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
Relative to the Resource Allocation Plan and the fact that the Council has not
yet finally acted on it, she reminded the Council that there are many
residents who believe that an amusement tax on admissions in the City of
Anaheim is the way to go. She asked for their further consideration of that
issue.
Councilman Pickler. He feels she has received an answer from the Council
relative to an admissions tax - that the Council will not consider instituting
such a tax. He for one, will not vote for an admissions tax. He believes
there is only a small group of people who want to "kill the goose that laid
the golden egg". For instance, the money the City receives from Disneyland
goes back into the community, involving many millions of dollars.
No one else wished to address the Council.
RECESS: Councilman Bay moved to recess for ten minutes. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (8:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (8:1i p.m.)
179: CONTINUED REHEARING - P~ECLASSIFICATION NO. 87-88-02, CONDITIONAL USE
PERMIT NO. 2907 AND NEGATIVE DECLARATION:
APPLICANT: Jerald and Dortheal E. Stanley
236 So. Ash Street,
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: For a change in zone from RS-7200 to CO, to permit
office use of a residential structure on property located at 236 South Ash
Street, with Code waiver of minimum number of parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC87-134 denied Reclassification
No. 87-88-02; Resolution No. PC87-135 denied Conditional Use Permit No. 2907;
EIR Negative Declaration recommended be granted.
HEARING SET ON:
Request for rehearing by the applicant granted by the Council on October 27,
1987 with public hearing scheduled on November 17, 1987. The public hearing
was subsequently continued from the meeting of November 17, 1987 (see minutes
that date), to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 5, 1987.
Posting of property November 6, 1987.
Mailing to property owners within 300 feet - November 6, 1987.
PLA3RqING STAFF INPUT:
See original Staff Report to the Planning Commission~dated July 6, 1987.
APPLICANT'S
STATEMENT:
James Barone, Attorney, Morinello, Barone, Holden and Nardully,
representing the Stanleys, the owners of.the property, first
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City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
reviewed the status of the subject application, giving an
historic overview of what has occurred on the property. Books
and records are kept at the Ash Street address for the Stanley's
family owned business. The primary concern deals with the fact
that the zone change being requested, if approved, would be a
blanket change to CO and might be construed as over broad which
is of great concern to the residents of the area. There is also
the issue of the intensity of the use. The question is how to
allow the Stanleys to use their property while preserving and
protecting neighborhood interests. He believes that has been
achieved and the vehicle established by which it can be
accomplished. His office has worked out a draft agreement which
has been reviewed by the City Attorney's Office which would
restrict the use of the property. In consideration of the
Reclassification and Conditional Use Permit, the agreement
places definite and severe restrictions limiting the allowable
uses of the property even though with a CO designation they
could do certain things. The agreement will limit the uses and
does not give a full CO use or full Reclassification (see -
Development Agreement Between the City of Anaheim and Jerald D.
Stanley and Dortheal E. Stanley - made a part of the record). A
copy of the agreement was then submitted to each Council Member.
Mr. Barone first referred to Page 6 of the agreement, Paragraph
4 which limits the use to commercial office or any lesser use,
including residential. They could go no lower than CO use and
would "freeze" to that type of use or anything better. It
prohibits a more intensive form of commercial use, an increase
in square footage, height of the structure or any other
dimensions of any other structures on the property. Effectively
they are freezing the property to the use and the intensity and
size that it is today. If there is to be a greater change in
use, it would be necessary to come before the City Council to
ask permission for such a change.
Mr. Barone also briefed other provisions of the proposed
agreement which was prepared in an attempt to remove the stigma
of the current non-conformin~ use of the property. The use that
has been ongoing on the property for the past five years can
continue but nothing more intense or larger or change in use
less than CO could take place even though normally allowed under
the Code unless the Counc£i gives its permission after notice to
all the neighbors. In light of the agreement, he asked that the
Council reconsider its position and approve the Reclassification
and the Conditional Use Permit.
Mayor Bay.
He saw the proposed agreement for the first time five minutes
ago. It was not made available to the many people in the
audience who may well be opposed to the requested action. It
was also not a part of the official public hearing agenda. He
asked the City Attorney if this posed a technical problem.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
City Attorney White first clarified that he had been working in
conjunction with Mr. Barone for several weeks and the proposed
agreement was not new to him (see minutes of November 17, 1987
wherein the Council requested that staff look into the
possibilities that something could be worked out with regard to
the request). It is not anticipated that the City Council would
approve the agreement this evening. If the Council wished to
act favorably on the application, the method of affecting the
result they have heard expressed would be that the Council
impose a condition on the proposed Conditional Use Permit which
would provide that the owner of the property and the City enter
into an agreement limiting the use of the property in a way that
has been indicated. The proposed agreement is in its final form
but will be shorter if the Council acts favorably. He felt it
would be better for the Council to make a decision on whether
they want to permit the use and, if so, the language can be
worked out at staff level.
Councilman Ehrle.
When the matter was discussed at the meeting of November 17,
1987, he and Councilman Pickler wanted something tied to the
deed so that the Stanleys or future owners could not tear the
existing structure down and then put a more intense use on the
property. He feels that has been accomplished in the proposed
agreement.
Councilwoman Kaywood.
She does not see any compromise with the neighborhood. The
intent is merely to make an illegal use legal on a street that
is completely residential all the way down Broadway. Changing
one residence to commercial office will destroy the
neighborhood. She is completely opposed to making any
concession that is going to destroy a single-family neighborhood.
Mayor Bay asked for a show of hands of those in support and
those in opposition. There were approximately 25 to 30 people
present in support and 25 to 30 people in opposition. It was
also later determined that of those present in opposition, 15
lived in the immediate neighborhood and of those in favor
approximately 4 lived in the immediate neighborhood.
PUBLIC DISCUSSION-
IN FAVOR: Adnan Khativ, 23~6 West Broadway. The compromise proposed by
the applicant will ensure that it will not be a different use in
the future. The agreement will keep the integrity of the
property. (Also see minutes of November 17, 1987 where
testimony was given by Mr. Kahativ).
Dave Mallard.
He knows Mr. Stanley and his family and has visited the subject
property many times. He can attest Mr. Stanley uses the
property in a conservative way. Mr. Stanley has lived in the
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City Hall, Anaheim, California - COUNCIL 'MINUTES - January 5, 1988, 1:30 P.M.
community for a long time and has a successful business. It is
important to move in the defense of the businessman when it is
possible to do so.
Jerry Grosso, 2765 No. Dalle, Orange.
He rents the building at the corner of State College and
Broadway. There is no parking problem. (Also see minutes of
the November 17, 1987 where testimony was given by Mr. Grosso).
George Mielock, Real Estate Agent/Anaheim (resident of
Fullerton).
If the use continues as it has in the past, he sees no reason
why it should detract from the neighborhood in any way.
Clark Lundy, 1818 West Chapman, Orange, Real Estate Appraiser in
Anaheim.
The property appears to be a conforming use. He favors a
conditional use permit to be issued with restrictions. The
property is improved to a point where it is at a maximum.
PUBLIC DISCUSSION-
IN OPPOSITION:
Joseph Feinberg, Attorney representing Alma Keller, owner of the
property at 211 So. State College Boulevard.
He reiterated concerns expressed in his testimony given on
November 17, 1987 (see minutes that date). Mr. Stanley changed
the use of his property five or six years ago to commercial in
violation of the Zoning Code and is now asking the Council to
make the illegal use legal. It is spot zoning. There is still
a parking problem and the proposed agreement does not address
that issue. He again questioned the validity of the petition
submitted by Mr. Stanley. He confirmed for Councilman Ehrle
that the property owned by his client is the same one whose
tenant had been the Tender Touch Massage Parlor in her center.
Kathy Jahr, 1262 East Elm Street, owner of the property at 219
East Ash Street. (See testimony given at the November 17, 1987
meetin$). She is concerned about a commercial use in a
residential area. She again gave an overview of the history of
the property since the Stanleys have owned it. The residents
are concerned about the future use of the property.
Charlene Hill, 222 South Ash Street (see testimony given at the
November 17, 1987 meeting).
None of those present in favor of the petition lived in the
neighborhood. Petitions and letters in opposition have
previously been submitted. She then submitted an additional
petition and several letters in opposition (made a part of the
record). Seventeen people who signed Mr. Stanley's petition
changed their minds and signed the petition in opposition which
he felt was evidence that Mr. Stanley did not give the entire
story on his petition having made no mention that he was
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applying for commercial zoning. Their main concern is spot
zoning and they are asking the Council not to let it start.
Mr. Houghard, 233 Ash Street.
Mr. Stanley has made promises in the past that he did not keep.
He is opposed to the request.
Francis Nutto, 621 Jambolaya.
Granting the request will deteriorate residential houses along
Broadway which are all residential. The City has more
commercial zoning than is needed. The Council should not
encourage substandard stores and offices through residential
front-on conversion.
Ray Case, 243 South Beachwood.
There is an existing parking problem, the property is being used
in a commercial way and it does not meet commercial codes.
There is a lot of noise generated from parking along Broadway.
The neighborhood has not seen the agreement. The request should
be denied.
Malcolm Jahr, 1262 East Elm Street.
He wanted to know what plans there are for low income housing
for the people of Anaheim. If the agreement passes he is asking
that there be strict and defined terms outlined. People in the
neighborhood already have to contend with the situation
revolving around Angelos Drive-In and now the subject proposal
is another invasion of their privacy. The Council should put a
stop to spot zoning and make housing available for people to
live in Anaheim.
William Thornton, 233 Beechwood.
There is no traffic control on Broadway.
neighborhood protected.
He wants their
Glen McLellan, 511 East Broadway.
Relative to the agreement, it seems to be a legal "boondoggle"
that he does not believe any of the residents would accept. He
personally reviewed the property and talked to Mr. Stanley. He
(Stanley) was unable to give him any details relative to the
proposed compromise. The reason the business fits in so well at
the present time, that is the most Mr. Stanley could get away
with and not get caught. The business is bigger than it seems.
Mr. Stanley has not been completely truthful with the
neighbors. He would take as much as he could get.
SUMMATION BY APPLICANT: Mr. Barone.
He rebutted the issues that were broached by those in
opposition. He emphasized that the land use agreement they are
proposing contains a clause stating that it will be recorded and
that any subsequent owners of the property would be bound by
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City Hall, Anmheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
those same terms and conditions. They are not going
commercial. The agreement states that the present use will not
change; it will not get more intense. There are specific
prohibitions against a more intense use or a change.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Mayor Bay.
He has not changed his position of opposition to the request.
The issue is where to draw the line of strip commercial
intrusion into a residential zone. It is a major issue in the
City of Anaheim. It is critical that the Council draw that line.
Councilwoman Kaywood.
She concurs with the Mayor. The subject is a stable residential
neighborhood which could be destroyed by granting this one
intrusion. The rest of Ash Street on that side would not have
much incentive to remain as homes. The issue is a critical
one. It is necessary to uphold the zoning and to preserve the
integrity of the neighborhood and commercial property as well.
This is "block busting" of all of Broadway.
Councilman Hunter.
The issue is also one of quality of life and preserving the
integrity of neighborhoods. He agrees with the Mayor and
Councilwoman Kaywood. However, he feels that the Council should
be consistent throughout the City in its desire to maintain
integrity of neighborhoods, from Anaheim Hills to the
western-most portion of the City. He cited the case of the
Council having allowed intrusion into his neighborhood by the
building of a church on property where the neighbors had
expected a residential development. Although he is opposed to
the subject request, he urged consistency in Council decisions.
Councilman Ehrle.
He views the subject as a unique piece of property and not as a
strip zoning issue. What is on the property today will not
change. Mr. §tanlay in an independent businessman who wants to
use the property as he has done for the past five or six years.
In 99% of the cases, he would oppose such a request, especially
if he felt it were "block busting". In this case, however, he
feels the proposed use is in harmony with Mr. Stanley's other
property at State College and Broadway.
Councilman Pickler.
The integrity of the neighborhood has not been changed. The
business has been operating for the past five or six years. If
Mr. Stanley had not come before the Council, he probably could
have been in business for another 10 or 15 years. The
neighborhood has not deteriorated. His concern before, as now,
is that the agreement will keep the property as is. The
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City Hall, Anaheim, California - COUNCIL MINUTES - January 5, 1988, 1:30 P.M.
proposed agreement has satisfied his need by mitigating concerns
that something more intense could be placed on the property. He
is in favor of granting the request.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution No. 88R-5)
Councilwoman Kaywood moved to waive the reading in full of the resolutions.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 88R-5 for adoption, denying
Reclassification No. 87-88-02 and Resolution No. 88R-6 for adoption, denying
Conditional Use Permit No. 2907. Refer to Resolution Book.
RESOLUTION NO. 88R-5: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DENYING RECLASSIFICATION NO. 87-88-02.
RESOLUTION NO. 88R-6: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DENYING CONDITIONAL USE PERMIT NO. 2907.
Roll Call Vote:
AYES:
NOES:
A~SENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Hunter, Kaywood and Bay
Ehrle and Pickler
None
The Mayor declared Resolution Nos. 88R-5 and 88R-6 duly passed and adopted.
RECESS: By general consent the Council recessed for ten minutes. (10:06 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (10:25 p.m.)
179: PUBLIC HEAtLING - CONDITIONAL USE PERMIT NO. 2955:
APPLICANT:
Robert Louis and Helen A. Clark, (Chevron Service Station),
P.O. Box 3495
San Francisco, Ca. 94119
REQUEST/ZONING/LOCATION: To permit gasoline sales in conjunction with a
proposed convenience market on CL zoned property located at 2175 West La Palma
Avenue.
PLANNiNG COMMISSION ACTION: Resolution No. PC88-233 granted Conditional Use
Permit No. 2955; approved EIRNegative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler at the meeting of December i, 1987 and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 25, 1987.
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Posting of property December 23, 1987.
Mailing to property owners within 300 feet - December 23, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated November 9, 1987.
APPLICANT'S
STATF~NT:
Mr. Bob Gilbertson, representative of Chevron U.S.A. and the
Project Manager was present to answer questions.
COUNCIL CONCERNS:
Councilman Pickler.
He met Mr. Gilbertson at the site and expressed his concerns
relative to the proposed use on that critical corner. After
analyzing the situation, he determined that the proposed use of
the site will be better than what is presently on that corner.
Although he feels that there is still too much on a corner of
that size, his problems and concerns have been alleviated. He
would rather the proposed project be on that site than what is
there at present.
Councilwoman Kaywood.
Originally gas stations were required to be a minimum of 150 by
150 feet. This is only i08 by 71. It is a very tiny corner.
She questioned how long they can continue looking the other way
instead of abiding by the Codes.
Paul Singer, Traffic Engineer.
He agrees with Councilman Pickler because the proposal is an
obvious improvement to that corner. The driveways closest to
the corner have been closed and dedications for the critical
intersection have been made. It is definitely going to be a
benefit.
Bob Gilbertson, Chevron U.S.A.
They would have preferred to buy the whole parcel but it was not
possible. They did some things working with staff to alleviate
the situation on a very critical intersection. In order to
allow people to enter the premises and stack on the property
rather than blocking drives, they removed two driveways per the
recommendation of staff closest to the intersection and moved
the remaining drives as far to the property line as they could.
The retail center behind them is being improved and they are
also eliminating a curb cut. A total of three curb cut accesses
to the property have now been eliminated. He also explained how
their plan has improved the circulation on that site. The
traffic situation will be improved on an intersection that needs
improvement.
PUBLIC DISCUSSION-
IN FAVOR: None.
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PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-7)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-7 for adoption, granting
Conditional Use Permit No. 2955, subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 88R-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONA~ USE PERMIT NO. 2955.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-7 duly passed and adopted.
ADJOURNMF~NT: Councilman Bay moved to adjourn to 11:00 a.m. on January 12,
1988 for a presentation on the proposed super speed train from Las Vegas to
southern California. Councilman Hunter seconded the motion. MOTION CARRIED.
(10:37 p.m.)
LEONORA N. SOHL, CITY CLERK
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