1988/03/29City Hall, Anaheim, California - COUNCIL MINUTES -March 29~ 1988~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
ASSISTANT CITY MANAGER: Ron Bates
CITY ATTORNEY: Jack White
CITY CI~RK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
CITY ENGINEER: Gary Johnson
DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: Chris Jarvi
EVENT OPERATIONS MANAGER: Greg Smith
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:30 p.m. on March 25, 1988 at the Civic Center kiosk, containing
ail 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 O.C.S.C.C. No. 46-96-59.
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(b)(1).
Councilman Bay moved to recess into Closed Session. Councilman Pickier
seconded the motion. MOTION CARRIED. (12:02 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
bein~ present, and welcomed those in attendance to the Council meeting.
(1:43 p.m.)
INVOCATION: A moment of Silence was observed in lieu of the Invocation.
FLAG SALUTE: Mayor Pro Tem Irv Pickier led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
Fair Housing Month in Anaheim, April 1988,
323
City Hall, Anaheim, California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
National Community Development Week, April 2-9, 1988,
The Week of the Disabled in Anaheim, April 4-10, 1988,
California Earthquake Preparedness Month in Anaheim, April 1988,
Angel Day in Anaheim, April 8, 1988.
Joyce Ellenbecker accepted the Fair Housing Month Proclamation; Gladys
Wallace, Chairperson of the City's Community Development Block Grant Citizens
Committee accepted the National Community Development Week Proclamation and
Bob Berg, the City's Emergency Services Coordinator, accepted the Earthquake
Preparedness Month Proclamation.
119: DECLARATION: A Declaration was unanimously ratified by the City Council
welcoming General William C. Westmoreland, on his visit to Anaheim and wishing
him a Happy Birthday. (The Declaration was previously presented to General
Westmoreland).
li9: DECLARATION: A Declaration was unanimously adopted by the City Council
and presented to Bernice Hird on the occasion of her retirement from the
Public Relations Department of the Hunt Wesson Company, but more importantly
to recognize her for her volunteerism and long and dedicated community service
which she has unselfishly given not only to the City of Anaheim but to many
Orange County programs.
119: PRESENTATION - CERTIFICATES OF ACHIEVEMENT TO CITY EMPLOYEES: The
following employees were presented with Certificates of Achievement issued by
the Employee Involvement Program Board of Directors along with monetar, y awards
ranging from $30 to $1,000: Sgt. Jim Flammini and Police Service
Representative Lorelei Livingston; Sharon McCamon, Office
Specialist/Engineering; Chuch Blackmore, Part-time Parks Maintenance Worker;
Rick Vanderheide, Service Center Assistant/Purchasing; Joanne Williams,
Principle Engineering Aide/Public Works; Royce Inglis, Parks Maintenance
Worker II; John Johnson, Substation Test Technician Supervisor/Utilities;
Nancy O'Boyle, Laborer/Convention Center.
The suggestions submitted will either save City costs, improve service to the
public or prevent possible hazards.
Mayor Bay and Council Members congratulated each employee who was present for
their contributions.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held February 23 and March 8, 1988. Councilman Ehrle seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,204,284.99 for the
period ending February 23, 1988 and $3,652,425.88 for the period ending
March 8, 1988, in accordance with the 1987-88 Budget, were approved.
324
City Hall~ Anaheim, California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
WAIVER OF READING - ORDINANCE AND RESOLUTIONS: The titles of the following
resolutions on the Consent Calendar were read by the City Manager. (Ordinance
No. 4916 and Resolution Nos. 88R-122 through 88R-132, both inclusive)
Councilman Bay moved to waive the reading in full of the ordinance and
resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 88R-122 through 88R-132, both inclusive, for
adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance
No. 4916 for introduction.
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 Randal T. Lindenberg for property damage sustained
purportedly due to actions of the City on or about November 1, 1987.
b. Claim submitted by Audie Vernon Kelly for property damage sustained
purportedly due to actions of the City on or about January 22, 1988.
c. Claim submitted by Aiyar Raghuneth for property damage sustained
purportedly due to actions of the City on or about January 17, 1988.
d. Claim submitted by Alfred Rigby for property damage sustained
purportedly due to actions of the City on or about November 23, 1987.
e. Claim submitted by Robert Burns for property damage sustained
purportedly due to actions of the City on or about November 27, 1987.
f. Claim submitted by John Krajacic for bodily injury sustained
purportedly due to actions of the City on or about November 19, 1987.
g. Claim submitted by William R. & Fama Nelson for property damage
sustained purportedly due to actions of the City on or about February 18
and 19, 1987.
h. Claim submitted by Pacific Bell (Case No. JF746-1248) for property
damage sustained purportedly due to actions of the City on or about
November 20, 1987.
i. Claim submitted by City of Orange (c/o Bruce D. Praet, Esquire
Ferguson, Praet & Sherman, a Professional Corporation) for indemnity and
comparative indemnity for damages sustained purportedly due to actions of the
City on or about February 9, 1988.
325
City Hall, Anaheim~ California - COUNCIL MINUTES - March 29~ 1988, 1:30 P.M.
Application for Leave to Present Late Claim - Recommended to be
Denied:
j. Claim submitted by Quynh-Nhu Thi Phan & Quynh-Tran Thi Phan for
bodily injury and property damage sustained purportedly due to actions of the
City on or about May 19, 1988.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held March 2, 1988.
A3. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held February 11, 1988.
A4. 155/106: Approving the amendment of the Public Works - Engineering
Department 1987-88 Capital Improvement Budget to reflect surplus Federal Aid
Urban (FAU) funds to be received from Orange County Transportation Commission
(OCTC), and to add seven projects to the 1988-89 budget.
AS. 149/142: ORDINANCE NO. 4916 - INTRODUCTION: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM ADDING NEW SUBSECTIONS .2350 AND .2360 TO
SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO PARKING AND STOPPING. (which would add the following: Wesley
Drive, on the north side and the south side, from Hancock Street to the west
terminus. The same ordinance would also add: Orangewood Avenue, on the south
side from Mountain View Avenue to Manchester Avenue, to provide for no parking
at anytime)
A6. 144: RESOLUTION NO. 88R-122: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE CERTAIN HIGHWAY
IMPROVEMENT PROJECTS WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM
(1988-1989). (Requesting the County of Orange to include the Katella Avenue
Street Improvement project in the 1988-89 Arterial Highway Financing Program
(A.H.F.P.), which provides funding on a 50% matching basis from the County of
Orange)
A7. 152/159: RESOLUTION NO. 88R-123: A ILESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE PLANS
AND DESIGNS OF CONSTRUCTION OF, OR AN IMPROVEMENT TO, PUBLIC PROPERTY OR TO
APPROVE STANDARDS FOR SUCH CONSTRUCTION OR IMPROVEMENT. (Authorizing the
Director of Public Works to approve plans and specifications for improvement
to public property which are currently being authorized by Council)
AS. 104: RESOLUTION NO. 88R-125: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Approving the report of the Street Superintendent for Improvement of
Street Lighting Maintenance District No. 1981-6; Tracts Nos. 2228 & 2705)
104: RESOLUTION NO. 88R-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
326
City Hall, Anaheim, California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
REFER/LING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF T}~ CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Declaring
intention to make improvements, and setting the Public Hearing date for
April 19, 1988, and the beginning of the assessment period as July 1, 1988.
The estimated cost of maintenance and operation for forty-six street lights
included in this assessment district for a period of five years is $28,980)
A9. 104: RESOLUTION NO. 88R-127: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Approving the report of the Street Superintendent for Improvement of
Street Lighting Maintenance District No. 1982-1; Tracts Nos. i326 & 1563)
104: RESOLUTION NO. 88R-128: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE
AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO
BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE,
REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE
OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO
BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (Declaring
intention to make improvements, and setting the Public Hearing date for
April 19, 1988, and the beginning of the assessment period as July 1, 1988.
The estimated cost of maintenance and operation for ten street lights included
in this assessment district for a period of five years is $6,300)
Al0. 123: Authorizing the Mayor and the City Clerk to execute an agreement
with K & B Engineering, Inc. to perform Cable Engineering services on the
traffic signal interconnect communication network.
All. 158: RESOLUTION NO. 88R-129: ARESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN D~RDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
Al2. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to the Anaheim Public
Improvement Corporation in the amount of $50,714.05 for 67 Motorola "Handi
Talki" portable radios and batteries/chargers for Stadium personnel.
Al3. 160: Accepting the bid of Custom Floors, Inc. Garden Grove, California,
for carpet replacement/installation at the Central Library per bid #4559 (as
publicly advertised) in the amount of $73,061.
Al4. 160: Accepting the low bid of, and authorizing the execution of an
agreement with Jack R. Winn, dba Western Counties Maintenance Company, Newport
Beach, California, in accordance with bid #4557, for custodial services at
various city locations in the amount of $598,068.00, commencing April 1, 1988,
through March 31, 1991.
Al5. 160: Authorizing the execution of an assignment of rights agreement
between Vertical Management Systems, Inc., and Computil, Clifton, New Jersey,
in accordance with bid proposal #4215, relating to the written agreement for
providing, processing and collection services of bail fines and assessments.
327
City Hall, Anaheim, California - COUNCIL MINUTES - March 29, 1988, 1:30 P.M.
Al6. 113/153/155/128: Approving the record retention schedules submitted for
the Human Resources, Engineering and Finance Departments.
113/123: RESOLUTION NO. 88R-130: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (in the Human Resources Department)
Al7. 175.i23: Approving the revised Southern California Joint Pole Agreement
which permits Anaheim to continue as a member of the Southern California Joint
Pole Committee, whose major function is to equitably distribute the cost for
sharing space on poles used for power distribution and communication circuits.
Al8. 153: Approving 1988 Supplemental Group Term Life Insurance rates from
Equicorp of $.66/$1000 per month for eligible management employees and
$.42/$1000 per month for eligible IBEW employees effective March 1, 1988, and
authorizing the Human Resources Director to pay any increased premiums on
behalf of employees as a result of this action for the months of March and
April, 1988.
Al9. 153: RESOLUTION NO. 88R-131: A RESOLUTION OF THE CITY COUNCLL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION GENERAL UNIT.
(Approving a Letter of Understanding between the City of Anaheim and the
Anaheim Municipal Employees Association, General City Unit amending Article 17
of the Memorandum of Understanding to include a classification of Lead
Custodian - Floors)
A20. 123: Waiving Council Policy 401 and approving a contract between the City
of Anaheim and Donald S. Grayson, PH.D. for professional psychological
services in an amount not to exceed $25,000 per year.
A21. 112/113: RESOLUTION NO. 88R-132: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE
THAN I~WO YEARS OLD. (Authorizing the destruction of various City documents in
the possession of the Anaheim City Attorney)
A22. 175.123: Approving the First Amendment to the Agreement with Michael J.
Arnold and Associates, Inc., Legislative Advocates and .Consultants, wl~ch
provides that the Consultant is designated and authorized to act as the
official representative with the California State Legislature and other
governmental agencies affecting Public Utility matters. The amendment
increases the amount paid monthly to the Consultant by $2,500 per month to a
total amount of $5,5166.67 for all services performed.
Roll Call Vote on Resolution Nos. 88R-122 through 88R-132, with the exception
of Resolution No. 88R-124:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
328
City Hall, Anaheim~ California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
The Mayor declared Resolution Nos. 88R-122 through 88R-132, with the exception
of Resolution No. 88R-124, both inclusive, duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
152/159: PUBLIC WORKS CONTRACT CHANGE ORDERS: Submitted was report dated
March 15, 1988 from the City Engineer, recommending that the Council delegate
to the Director of Public Works authority to execute contract change orders
under certain limitations.
Councilwoman Kaywood expressed concern that the resolution stated that the
Director of Public Works would be authorized to bind the City to contract
change orders in amounts not to exceed $10,000 or 10% of the total contract
price, whichever is greatest. She proposed that the word "greater" be changed
to "less".
City Engineer, Gary Johnson. The recommendation is merely formalizing the
procedure which has been in place for 30 years. On very large contracts in
the ~llions of dollars, the contract would far exceed $10,000 which would
require staff to come back to the Council on a weekly basis, thus delaying the
work to be done.
City Attorney, Jack White. It is probably due to a recommendation from his
office that the matter is before the Council today. Public Works contract
change orders have been handled on the administrative level and brought in to
the Council after the work was authorized for the Council to ratify it. It
was his concern that the contractor might be in a position where he would be
looking to the City for recovery for something that might not be authorized
should the Council take the position that they did not want ratify the
action. This is putting into print what the practice has been in the past.
Councilman Pickler. He sees no problem with the resolution as it stands since
it is only summarizing an established procedure. He thereupon offered
Resolution No. 88R-124 for adoption. Refer to Resolution.
RESOLUTION NO. 88R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM D~L~GATING TO THE DIRECTOR OF PUBLIC WORKS THE AUTHORITY TO EXECUTE
CHANG~ ORDERS ON FOBLIC WOKK~ AND ESTABLISHING LIMITATIONS THEREON.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCLLMEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-124 duly passed and adopted.
153/101: APPOINTMENT OF STADIUM GENERAL MANAGER: Councilman Bay moved to
confirm the appointment by the City Manager of Greg Smith as Stadium General
Manager effective April 1, 1988. Councilman Pickler seconded the motion.
329
City Hall, Anaheim, California - COUNCIL MINUTES - March 29, 1988, 1:30 P.M.
On motion by Councilman Bay, seconded by Councilwoman Kaywood, 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, March 25, 1988, at
4:30 p.m.; and consequently waived the Brown Act requirement relative to
posting the item on the printed agenda. MOTION CARRIED.
A vote was then taken on the foregoing motion. MOTION CARRIED UNANIMOUSLY.
Mayor Bay acknowledged Mr. Smith who was present in the Chamber audience.
Gte§ Smith. He thanked the Council and City Manager for the vote of
confidence in making the appointment today. His 16 years with the City of
Anaheim have been spent in the Stadium and Convention Center. He is very
pleased to accept the position as Stadium General Manager. It is not only the
achievement of a personal goal but, achieving that goal in a facility that is
one of the finest in the country, is a very rewarding experience. Of utmost
importance is the continued support that the City Council and City management
has given relative to Anaheim Stadium Operations. The success of those
operations would not have been possible without such continued support. He is
speaking for the entire Stadium staff.
150/142: PARK DEDICATION ORDINANCE REVISION - ORDINANCE NO. 4913: Report
dated March 3, 1988 from Chris Jarvi, Director of Parks, Recreation &
Community Services previously submitted at the Council meeting of March 15,
1988, recommended that the Council (1) introduce for adoption an amended Park
Dedication Ordinance as revised (which ordinance was offered for first reading
at the March 15, 1988 meeting) and, (2) upon adoption of the Park Dedication
Ordinance revision that a resolution be adopted revising the park in-lieu fee
amounts, and updating the land acquisition and development costs in the Park
Dedication Ordinance formula.
Mayor Bay asked if anyone wished to speak to the proposed adoption of the
ordinance.
Mr. Bill Price, Schroeder Company, a small private business. They own and
manage several existing apartments in Anaheim. In recent months they have
made a decision to develop some small parcels of land imto what will be a mice
apartment community (700 SO. Magnolia and 2940 East Fr0ntera). It was only
today that he found out about the proposed increase in park fees which is a
costly surprise to himself and his partners. Although it looks like the fees
need to be adjusted, his remarks are to the suddenness and amount of increase
of the fee which they feel is unfair probably to most developers. To them, it
represents almost another $60,000 in increased costs. Their drawings were in
plan check longer than they expected they would be. They have not had an
opportunity to completely study the proposal and would like to suggest if not
already considered, that the Council allow some projects such as theirs that
are through plan check to be subject to the fees they had planned on when they
did their financial analysis.
Mayor Bay. He confirmed that the ordinance would not be effective for 30 days.
330
City Hall, Anaheim~ California - COUNCIL MINUTES - March 29, 1988~ 1:30 P.M.
City Attorney, Jack White. The fees are payable in connection with
subdivision of property or upon issuance of building permits, whichever is
sootier.
Mayor Bay. He confirmed if Mr. Price obtained a building permit before the
effective date of the ordinance, they would not be subject to the new fee
structure.
Dwyer Beesley, 300 North Tustin, Santa Aha. His partner summed up his
concerns. He asked for clarification if it is possible even if they do not
pull a building permit, could they pay the fee before that time and still be
within the old guidelines. They will then know that on all projects in the
futuze they will have to pay $1,500 more for each unit. He would like to be
assured that they could pay the fees now even though not pulling building
permits but prior to the 30-day effective date of the ordinance.
City Attorney White answered no.
Further discussion followed wherein questions were posed to staff by Council
Members relative to how staff determined value of the land, why the proposed
fees had been in process for so long, were inner city sites being considered
for additional park land, ext. Input was also given by Mr. Frank Elfend,
Elfend & Associates upon questioning by the Council confirming that relative
to the two major Ranches he represents who have developments in process in the
Hill and Canyon Area, that in all three cases the park sites were dealt with
and provided for in the specific plan process as explained by Mr. Jarvi which
have superseded the proposed ordinance.
Councilwoman Kaywood offered Ordinance No. 4913 for adoption. Refer to
Resolution Book.
ORDINANCE NO. 4913: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SECTIONS 17.08.210, 17.08.240, 17.08.2§0, 17.08.270, AND REPEALING
SECTIONS 17.08.350, 17.08.370, 17.08.380 AND ADDING SECTIONS 18.08265,
17.08.275, 17.08.285 TO CHAPTER 17.08; AND ADDING CHAPTER 17.34; AND AMENDING
SECTIONS 17.08.310, 17.08.340 AND 17.08.360 AND RENUMBERING THEM AS SECTIONS
17.34.010, 17.34.020AND 17.34.030 AND ADDING THERETO MUNICIPAL CODE RElaTING
TO
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood and Pickier
Bay
None
The Mayor declared Ordinance No. 4913 duly passed and adopted.
Counctlwoman Kaywood offered Resolution No. 88R-133 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 88R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE PARK AND RECREATION IN LIEU FEES FOR THE CITY OF
331
City Hall, Anaheim~ California - COUNCIL MINUTES - March 29~'1988, 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
EArle, Hunter, Kaywood and Pickler
Bay
None
The Mayor declared Resolution No. 88R-133 duly passed and adopted.
105: APPOINTMENT TO THE PROJECT AREA COMMITTEE (PAC): Submitted was report
dated February 24, 1988 from the Chairman of the Project Area Committee, Gary
Masciel stating that the Committee recommended the appointment of Keith B.
Olesen, 321 No. Philadelphia Street, Anaheim, Ca. 92805 to the committee.
This matter was continued from the meeting of March 8, 1988 to this date.
Councilwoman Kaywood moved that Keith B. Olesen be appointed to the Project
Area Committee. Councilman Hunter seconded the motion.
Before a vote was taken on that motion, Councilman Bay moved to continue the
appointment to give an opportunity for additional candidates to apply.
Councilman Pickler seconded the motion for the purpose of discussion.
Councilman Hunter noted that the entire Project Area Committee and its
Chairman are recommending that Mr. Olesen be appointed. He disagrees with a
continuance.
Councilwoman Kaywood. The appointment has already been continued three
weeks. Mr. 01esen has participated in all but one PAC meeting in the recent
past as an interested citizen and is the kind of person the Council wants
serving on the City's Boards and Commissions.
Councilman Ehrle agreed that Mr. Olesen has already demonstrated his interest
to serve the community.
The Mayor thereupon withdrew his motion to continue and Councilman Pickler his
second.
A vote was then taken on the appointment of Mr. Keith B. Olesen:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood and Pickier
Bay
None
105/123: APPOINTMENT TO THE COMMUNITY CENTER AUTHORITY: Appointment to the
Community Center Authority Board to fill the vacancy created by the recent
passing of Burr Williams. The vacancy was posted on March 10, 1988.
Councilman Pickler first moved that the appointment be continued. He then
asked if any people had applied.
332
City Hall~ Anaheim, California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
City Clerk, Leonora Sob_l, answered that this is the first such vacancy on the
Community Center Authority for a number of years. As of yet, the Council has
not designated how they would like to recruit for candidates.
Councilwoman Kaywood. She spoke to Jim Riley and he would like to be
appointed. It is crucial that the Community Center Authority have a full
Board and Mr. Riley would be an excellent choice.
Mayor Bay. If the Council wants to mention names for appointment to the
Community Center Authority the City Clerk can then contact those individuals
to see if they are willing to serve. He would like to mention the names of
Keith Murdoch, Jack Dutton and Thornton Piersall as people they might want to
contact to see if they are interested in serving.
Councilman Pickler. If the Council submits names to the City Clerk a list can
be developed. He does not think they will want to advertise for the
appointment.
Councilman Pickler thereupon clarified his motion that the appointment to the
Community Center Authority Board to fill the vacancy created by the passing of
Burr Williams be continued to Tuesday, April 12, i988. Councilman Bay
seconded the motion.
Before action was taken, Councilman Pickler stated he feels that members of
that Authority should be residents of the City of Anaheim.
City Attorney White. He submitted a memorandum to tbm Council regarding the
Community Center Authority and Anaheim Stadium, Inc. It will be necessary to
change the Joint Powers Agreement if Anaheim residency is to be a legal
requirement. Since the Council appoints on the Community Center Authority,
they have the ability to appoint someone who is not a resident or they have
the right to remove them. Even after the Council makes an appointment on the
Community Center Authority, it will take confirmation by the School Board and
it will not be effective until the School Board gives concurrence to the
appointment.
Councilman Pickler. He is still recommending that somehow in the Joint Powers
Asreement that they include anyone serving must be a citizen of Anaheim.
City Attorney White. That will take an amendment to the agreement itself.
A vote was then taken on the foregoing motion to continue the subject
appointment to April 12, 1988:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
MOTION CARRIED.
333
City Hall, Anaheim, California - COUNCIL MINUTES - March 29, 1988~ 1:30 P.M.
Mayor Bay directed staff to initiate a proposed amendment to the Joint Powers
Agreement making it a requirement that members of the Community Center
Authority be Anaheim residents.
115/142: DISCUSSION AND POSSIBLE ACTION CONCERNING FLYING OF THE POW/MIA FLAG
AT THE CIVIC CENTER PURSUANT TO THE REQUESTS RECEIVED FROM THE PUBLIC: This
matter was continued from the meeting of March 8, 1988 to this date (see
minutes that date).
David Moyle, representing the 762 V.F.W. Members in Anaheim along with the
National League of Families and the 2,404 men still unaccounted for in
southeast Asia. It is a humanitarian issue that they should all be concerned
with as Americans. As City Leaders, the Council could take it upon themselves
to allow the POW Flag to be flown at the Civic Center representing their
position and caring for those 2,404 men of which three are Anaheim residents.
He is personally willing to donate the first 4 x 6 flag to fly and it would
also be appropriate initially to have a public ceremony.
Mayor Bay. As he has stated before, the issue, which has been discussed with
the City Attorney is not one of whether or not Members of the Council support
the cause of POW/MIA. The issue is one of taking a position pro or con in any
political way. His concern initially was that if the City chose to fly the
flag what the subsequent consequences could be. He personally supports the
POW/MIA cause but to use the City Flag Pole to permanently fly that flag has
legal ramifications that could put the City in jeopardy, matters that he does
not want to elaborate upon at a public meeting. He feels so strongly about
not putting the City in that legal position that he is ready to offer an
ordinance for first reading that limits the diplay of flags at City Hall/Civic
Center to only the United States Flag, the State of California Flag and the
City of Anaheim Flag.
City Attorney White confirmed that it was not necessary to waive the Brown Act
since the item as listed on the agenda indicates that there might be possible
action which is sufficient to offer the ordinance for first reading.
ORDINANCE NO. 4917: Councilman Bay offered Ordinance No. 4917 for first
reading.
ORDINANCE NO. 4917: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
11.08 OF TITLE 11 OF THE ANAHEIM MUNICIPAL CODE Rm~ATING TO FLAGPOLE DISPLAYS
AT T~E ANAHEIM CIVIC CENTER.
Councilman Pickler. He is still speaking against not flying the flag. He
feels it should at least be flown for a month although he has no problem in
flying it permanently. He does not feel they should back away from their
beliefs and sees nothing that should stop them from flying flags that people
feel represent a good cause.
139/108: OPPOSING ASSEMBLY BILL 4521 (HANNIGAN) - TRANSIENT OCCUPANCY TAX:
Submitted was report dated March 28, 1988 from Christine Thalman,
Intergovernmental Relations Officer, recommending opposition to the subject
Bill which will require earmarking of any new or increased transient occupancy
tax for specific purposes.
334
City Hall, Anaheim~ California - COUNCIL MINUTES - March 29~ 1988, 1:30 P.M.
Councilman Pickier moved to oppose Assembly Bill 4521 (Hannigan) regarding the
Transient Occupancy Tax as recommended in report dated March 28, 1988 from the
Intergovernmental Relations Officer, and that this opposition be conveyed to
the City's legislative representatives. Councilman Bay seconded the motion.
MOTION CARRIED.
RECESS: By general consent the Council recessed for ten minutes. (3:05 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:23 p.m.)
108: REQUEST TO MAINTAIN A~USEMENT DEVICES AT MAGNOLIA/CRESCENT LIQUORS:
Request from Mr. George Arsenian, owner of Magnolia-Crescent Liquors, 540 N.
Magnolia, for a waiver of section 3.24.010.020 of the Anaheim Municipal Code
to allow amusement devices (video games) in a location within 600 feet of a
school. Submitted was report dated March 21, 1988 from John W. Poole, Code
Enforcement Manager, recommending that Mr. Arsentan be allowed to maintain
amusement devices at his business establishment located at 540 N. Magnolia and
within 600 feet of the school.
Mayor Bay asked if anyone was present in opposition to the request; there was
no response. He noted the several letters that had been received from the
Magnolia School District and others indicating that there had been no
complaints and they do not find the amusement devices at the subject location
objectionable.
Councilman Bay moved that the Council finds that the proposed activity would
not be detrimental to the public welfare and morals, thus allowing Mr.
Arsenian to maintain amusement devices at his business establishment at 540
No. Magnolia Avenue. Councilwoman Kaywood seconded the motion. MOTION
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2977 - WAIVER OF CODE
REQUIREMENT AND NEGATIVE DECLARATION:
APPLICANT/OWNER:
World Oil Company
9302 S. Garfield
South Gate, CA 90280
AGF_~NT;
Thomas J. Shepos~
9302 S. Garfield,
South Gate, CA 90280
REQUEST/ZONING/LOCATION: To permit a convenience market with gasoline sales
and off-sale beer and wine in conjunction with 4000 square-foot commercial
space with a waiver of minimum number of parking spaces located at 1201 North
Harbor Boulevard.
PLANNING COMMISSION ACTION: Conditional Use Permit No. 2977 was denied by the
City Planning Commission under Resolution No. PC88-52 along with waiver of the
Code requirement; approved EIRNegative Declaration.
335
City Hall, Anaheim, California - COUNCIL MINUTES - March 29, 1988, 1:30 P.M.
HEARING SET ON:
An appeal of the Planning Commission's decision was filed by the applicant,
World Oil Company.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 17, 1988.
Posting of property March 16, 1988.
Mailing to property owners within 300 feet - March 18, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 17, 1988.
APPLICANT'S
STATEMENT:
Tom Shepos, Vice President Real Estate and Development, World
Oil Company, 9302 S. Garfield, South Gate, CA 90280.
They have been on the proposed site for over ten years as a
tenant and purchased the property about 3 years ago. There have
been no problems during this time or any other irregularities
and have received no complaints from citizens. World Oil has a
good record in the City of Anaheim - no problems or complaints
have been received with regard to their facility at the corner
of Ball Road and Knott Avenue where they have a convenience
market selling beer and wine and also gasoline sales. They also
have a fine record with regard to the number of beer and wine
licenses they have had. There have been no violations or
licenses revoked. At the Planning Commission hearing,
recommendations were made relative to setbacks, security,
lighting and noise abatement. They are willing to abide by
those recommendations. Their architect is present who would be
willing to give information on the traffic survey done by an
independent Engineer and approved by the City Traffic Engineer
in relation to why they feel the variance of two parking
requirements is justified.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Glen R. Ford, 1242 North Ralston.
He objects to the approval of the sale of beer and wine. There
is a great deal of vehicular traffic and foot traffic both east
and west on Romneya. If beer and wine is permitted, there will
be a problem of public drunkeness and the crime element will
increase. Romneya is a narrow street and if people frequent the
business to buy beer and wine and cigarettes they will park on
Romneya causing more traffic congestion. Granting the CUP will
be a negative to the homeowners in the area.
Daisy Jones, 1218 North Riviera.
There are a great number of residents in the surrounding tract
who are opposed to the selling of beer and wine at the
336
City Hall, AD~heim, California - COUNCILMINUTES -March 29~ 1988~ 1:30 P.M.
location. Traffic congestion is a problem even now. There are
more than enough mini-markets in close proximity to the site.
Another convenience market is not needed.
SUMMATION BY APPLICANT: Tom Shepos.
Heavy foot traffic and vehicular traffic are a fact in the area
at present. Their business will not create more traffic than at
present and it may prevent traffic from crossing Harbor to
patronize the new retail center at Romneya and Harbor
Boulevard. Relative to parking, 31 spaces are proposed on site
which will be more than adequate. Eighty percent of the
business on any location with gasoline sales comes from the
gasoline islands.
COUNCIL CONCERNS:
Councilman Pickler.
The subject intersection is inundated with cars even now. He is
very concerned with traffic and circulation in that particular
area. The proposal will put too much on that corner and it will
also affect the residential area behind it.
Tom Shepos.
He explained for Councilman Ehrle that upon the Planning
Commission's recommendation, the entire parcel would be leveled
and a new site built which would entail 5,400 square feet of
retail space. There will also be new islands and new tanks
installed.
Councilman Hunter.
The whole area is one the City is trying to rehabilitate. It is
a very difficult area. He also sees a potential "stop and rob"
situation because of the easy adcess to the Riverside Freeway.
It is too much for that corner.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Hunter, the CSty 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-134)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-134 for adoption, denying
Conditional Use Permit No. 2977, upholding the findings of the City Planning
Commission. Refer to Resolution Book.
337
Cit~ Hall, A~_~heim, California - COUNCIL MINUTES - March 29, 1988, 1:30 P.M.
RESOLUTION NO. 88R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2977.
Before a vote was taken, Councilman Bay asked if the development included
dedication on the width of Romneya in that area for future street widening of
Romneya or only widening of Harbor Boulevard.
Debora Fank, Associate Traffic Engineer.
The Conditions read that widening will only be on Harbor and a
15-foot radius on that corner.
Mayor Bay.
The problem on Romneya and Harbor relative to traffic is because
of the narrowness of Romneya. Staff should take a look at what
the City is going to do to widen Romneya at that point.
Relative to the subject application, he does not support the
resolution to deny the chance of a business to attempt an AM/PM
mini-market regardless of whether there is competition across
the street or elsewhere.
Councilwoman Kaywood.
She reiterated her concerns for consistently opposing the mixing
of beer and wine with gasoline sales as well as the combination
of uses which are unfair competition to supermarkets.
A vote was then taken on the resolution to deny:
Roll Call Vote:
AYES ·
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood and Pickler
Bay
None
The Mayor declared Resolution No. 88R-134 duly passed and adopted.
179: PUBLIC HEAILING - CONDITIONAL USE PEKMIT NO. 2981 - WAIVER OF CODE
REQUIREMENT AND NEGATIVE DECLARATION:
APPLICANT/OWNER:
Kaempfer/Wolff-La Palma
4 Civic Plaza, Suite 350,
Newport Beach, CA 92663
AGENT:
Vineyard Christian Fellowship
4854 Main Street, Suite F,
Yorba Linda, CA 92686
REQUEST/ZONING/LOCATION: To permit a church with a waiver of minimum number
of parking spaces located at 5464 East La Palma Avenue.
PLANNING COMMISSION ACTION: Conditional Use Permit No. 2981 was granted by
the City Planning Commission under Resolution No. PC88-53 along with Waiver of
Code Requirement; approved EIR - Negative Declaration
338
$?
City Ha!i~ Anaheim~ California - COUNCIL MINUTES - March 29, 1988~ 1:30 P.M.
HEARING SET ON:
Review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of March 8, 1988, and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anahetm Bulletin March 17, 1988.
Posting of property March 16, 1988.
Mailing to property owners within 300 feet - March 18, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 17, 1988.
APPLICANT'S
STATEMENT:
Tom Wolff, owner, 5460 East La Palma Avenue, Anaheim.
They are proposing to lease 13,000 square feet of one of their
"flex" buildings for a 3-year term to the Vineyard Christian
Fellowship Church. The Pastor of the congregation is present
today. This would be a compatible lease with the other uses in
that facility. This congregation is not a part of the other
Vineyard Christian Fellowship on Cerritos in Anaheim but a new
congregation.
David Pardee, Associate Pastor, Vineyard Christian Fellowship
Church, Yorba Linda.
At present their congregation is approximately 600 people
including adults, their youth program and all of the children.
The new facility will provide them with about 100 percent
growth. In answer to questions posed by Councilwoman Kaywood he
reported that for 2 and 1/2 years, they have been meeting at
Canyon High School. They have not made an effort to find a
permanent location. They have found it more beneficial to the
Church leasing and renting since property is so expensive and
they are not in a position to buy. The Vineyard Christian
Fellowship Church on Cerritos started many years ago. His
present congregation is a spin-off of that church which occurred
three years ago. His church is a totally different entity.
There are many such churches that have started across the United
States but in the local area the only two Vineyard Christian
Fellowship Churches are the ones in Yorba Linda and Anaheim. He
further reported that hours of use at the facility will be
Sunday mornings at 9:30 a.m. and Sunday evenings at 6:00 p.m. -
that day only. During the week, staff will be on the premises
to run the office and administrative aspects. They are not
planning to make this a permanent location. They know there is
a 3-year limitation and their planning has been around that time
frame.
PUBLIC DISCUSSION-
IN FAVOR: Clyde Stoff, Sealy Company of Orange, brokers on the property.
They are also involved with the leasing of the property on
Cerritos. That building in operation is ten times the size of
339
City Hall, Anaheim, California - COUNCIL MINUTES - March 29, 1988~ 1:30 P.M.
the subject property. There have been no problems. They have
bad a difficult time finding industrial and office tenants for
the subject building. There is approximately 2 and 1/2 years of
vacant space that needs to be absorbed. They need tenants and
this would assist.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, 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. 88R-135)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 88R-135 for adoption, granting
Conditional Use Permit No. 2981, upholding the findings of the City Planning
Commission and subject to City Planning Commission conditions. Refer to
Resolution Book.
RESOLUTION NO. 88R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2981.
Roll Call Vote:
AYES:
NOES:
ABSF2~T:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kayw00d, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-135 duly passed and adopted.
179: CONTINUED FdBLIC HEARING - VARIANCE NO. 3752 AND NEGATIVE DECLARATION:
APPLICANT:
Arnt G. Quist, Quist Incorporated Retirement Trust
3737 Birch Street, Suite 200
Newport Beach, Ca. 97660
AGENT:
E1 Centro Foods
693042 Tujunga Avenue,
N. Hollywood, Ca. 91605
340
City Hall, Anaheim, California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
REQUEST/LOCATION: Waiver of required number of parking spaces to permit a
take-out restaurant in a proposed commercial center at 300 South Anaheim
Boulevard.
ZONING ADMINISTRATOR ACTION: Zoning Administrator Decision No. ZA88-02
approved Variance No. 3752.
HEARING SET ON:
Review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood at the meeting of February 9, 1988. This matter was continued from
the meeting of March 1, i988, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 18, 1988.
Posting of property February 19, 1988.
Mailing to property owners within 300 feet - February 19, 1988.
PLANNING DEPARTMENT INPUT:
See Staff Report to the Zoning Administrator dated January 28, 1988.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She does not see granting any kind of parking variance no matter
how small at that corner. She sees a problem with a take-out
restaurant, even if it is delivery only.
APPLICANT'S
STATEMENT:
Mr. Arnt Quist.
Pizza Man has no sit-down facility. The traffic study concluded
that the parking was adequate according to Code for Pizza Man.
The City Traffic Engineer recommended approval.
Councilwoman Kaywood.
It is not often, but she disagrees with the Traffic Engineer in
this case. She is very concerned that whoever is on that
property would then be parking on the lot which belongs to the
mortuary next door.
Arnt (Mist.
After the Zoning Administrator's action they modified the plan
and provided additional parking spaces. The traffic study
indicated they needed a total of 20 spaces and they have 23.
The increase in spaces is not in the number of small car spaces
but full size car spaces.
City Attorney, Jack White.
The Council and the applicant should be aware the current
application relates only to the parking waiver for the Pizza
Man. It is not an application nor can the City Council today
approve a conditional use permit for a convenience market. A
convenience market will require a CUP in and of itself.
341
City H-11, An=heim~ California - COUNCIL MINUTES - March 29, 1988~ 1:30 P.M.
James Dalton, E1 Centro Food, North Hollywood, Franchisors for
Pizza Man.
He understands the concern expressed by Councilwoman Kaywood
that people will be coming into Pizza Man thinking that they can
sit down and eat pizza which is not the case. All of their
advertising chainwide is based on delivery service. Relative to
parking and traffic in general, the facility will have a
positive rather than a negative effect. Their delivery vehicles
deliver food to 30 to 50 places as opposed to many families
driving to their establishment or other places and taking the
food back home. In Anaheim, they lost a location due to
redevelopment and were hoping this would replace it. Answering
Councilwoman Kaywood, people can come in and order pizza and
take it out but it is a minuscule part of the business. They do
not compete in the take-out pizza market. They have some foot
traffic and slice-of-pizza service at lunch time. Ninety-five
percent of their business is home delivery. They have no
reputation for people to come in and eat pizza. This location
will have no seats and they do not offer discounts on their
product as other pizza businesses.
Arnt Quist.
The Zoning Administrator also included Condition No. 11 which
the attorney for the convenience market will address.
Rodolfo Montejano, Attorney, North Ross Street, Santa Ama.
His client is the main tenant in the proposed building. At this
time, they are not involved in this hearing in terms of trying
to get approval, but the ZoningAdministrator imposed Condition
No. 11 which prohibits the conduct of any food sales from the
convenience market which will negatively impact his client.
Currently it would be an economic adverse impact but more
important it is necessary to take a look a the immediate
environment. There is potential development of the area and
this is an important location. If the Council approves the
action as is, his clients are not in a position to conduct any
food sales presently or in the future. They would eventually
like to upgrade and convert the use into a high quality food
establishment. If the proposed action is taken at this time,
they will not be in a position to convert. If the Council would
like to see that corner a nice food service area in the future,
taking action today which includes Condition No. 11 will
effectively tie their hands and any activity which might be more
proper in the future.
City Attorney, Jack White.
He confirmed for the Mayor that the action would prohibit future
conversion to a full restaurant as long as the covenant was in
effect that would be recorded against the property under
Condition No. 11. The City would always have the ability upon
request to release that covenant to allow it to be converted.
Without obtaining that release, it would prohibit any use on the
342
City R-11, An~heim~ California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
property consisting of dispensing food or meals as defined in
that condition with the exception of the specific use listed in
Condition No. 13 for the pizza that is to be delivered as
opposed to a take-out situation.
Mayor Bay.
This is an important and one of the main corners in the City.
If they will be restricting this for a future change to a much
needed high-class, restaurant, then he has problems with
Condition No. ll as well. He wants to make sure that condition
is not primarily for a different reason and how they can change
that condition so that it does not restrict the eventual
upgrading of that corner.
City Attorney White.
This would be handled by amending Condition No. 13 to satisfy
the concerns of the Zoning Administrator. Condition No. 11
could be deleted from the application until such time as the
Council would be phased with an additional application relating
to a convenience market or some other use for the balance of the
property. Condition No. 11 would restrict the use of that
property for uses it would otherwise legally be able to be used
for under the Zoning Code. If it is not the Council's desire to
create that restriction, they could delete it.
PUBLIC DISCUSSION-
IN OPPOSITION:
Gary Field, Hilgenfeld Mortuary, 120 East Broadway.
They object to any variance of parking requirement. The area
has far too little parking now. Presently people are parking
illegally in the mortuary lot. The police are having to
constantly have cars towed away. It is also bad to set a
precedent for waiving of parking spaces and grossly unfair to
existing businesses that have complied fully with parking
requirements which should be applied consistently and
uniformily. They have purchased property over the years for
parking. They object to any waiver of the parking waiver.
Francis Nutto, 621 Jamb01aya,
The variance should not be granted because it would set a bad
precedent. The matter should not have been handled as a
variance. The Planning Department staff should have determined
that the Pizza Man facility is similar to other retail sales and
as such the proposed parking on the site is adequate under the
Zoning Code and a variance would not be required. He suggests
that the Council considermaking such a finding at this time.
Then there will be no need to create a bad parking precedent in
the downtown area. The Zoning Code requires 5.5 parking spaces
per 1,000 square feet. This building as a retail store would
require 20 spaces.
343
City H~ll, Anaheim, Csl~fornia -COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
Greg Hastings, Senior Planner.
If the entire center were retail and the fast-food establishment
were not there, there would be a requirement for 20 parking
spaces ·
Hal Brande, 41 So. Claudina.
He owns a shopping center at Magnolia and Cerritos. He then
explained the tremendous parking problem that is created with
18-wheeler delivery trucks loading and unloading and
maneuvering. On the subject property, the driveway is at the
fence of the mortuary. In his opinion, delivery trucks could
not make a right-hand turn into the property. The City could
not afford to have traffic stopped at Anaheim Boulevard and
Broadway at peak traffic times.
Ronald Bevins, 300 So. Harbor Boulevard, Attorney.
He is representing his mother Evelyn Bevins, owner of the
property immediately to the south across the alley at 336 So.
Anaheim Boulevard. She has owned the property since 1947 and it
is now used for auto sales and mechanical repair. The
application is not only a variance for parking, but also for a
convenience market along with the Pizza Man. He does not know
how they can ignore the fact that under the new ordinance, that
it will require a CUP. He feels the variance application is
moot because the applicant cannot have what he is applying for
unless he is granted a Conditional Use Permit. A denial is,
therefore, required. Relative to parking, the last time the
issue came before the Council was March 1, 1988 when
Chippendales was playing in the Celebrity Theatre. He could not
get into the City parking structure because cars were backed up
across Broadway. To say there is no parking problem is
unrealistic especially when Hilgenfield Mortuary has been buying
property over the years to accommodate their parking needs. He
reiterated, he does not see how the Council can approve a
variance when a convenience market is stated in the application
with a requirement for a CUP. It is his opinion that the whole
proceeding is moot and the applicant will have to apply for a
CUP.
Mayor Bay.
He asked the City Attorney how this can be a public hearing on a
variance and Negative Declaration with no CUP involved but yet a
convenience market is an integral part of the plan.
City Attorney White.
Part of the problem is that the City's new ordinance relating to
convenience markets took effect coincidentally last week after
the time the subject application was filed with the Zoning
Administrator and prior to the time it reached the City Council
today. The application today deals only with a parking waiver
for Pizza Man, not approval or consideration of the convenience
market. The owner may be back applying for a CUP under the new
344
__ City f~!l, Anaheim, California - COUNCIL MINUTES - March 29, 1988~ 1:30 P.M.
ordinance for a convenience market, but today the Council cannot
pre-suppose what he may do or apply for in the future. Staff
has to look at what would be the Code requirement under the
existing law relating to parking, if this were built in
accordance with all City Codes, as well as the particular
application that is before them for the Pizza Man delivery type
fast-food restaurant. It was staff's determination that this
was not fundamentally similar to a retail sales business but
more similar to a take-out restaurant and so applied the
standards that related to restaurants as opposed to retail sales
uses. The application for the CUP cannot come directly to the
Council but will have to go back to the Planning Commission. It
may eventually come back to the Council and eventually be
combined but he cannot say that the applicant can apply and
immediately get to the Council. The Council has the option to
deny the application and the applicant could refile it as one
integrated development for the entire property.
Arnt Quist.
He is asking that action be taken on the Pizza Man today. The
CUP for the convenience market will come before the Council at
some future date. What happens on the convenience market will
have to stand on its own.
Mayor Bay.
They have been asked by one of Mr. Quist's potential tenants to
delete Condition No. 11. However, he does not see what
Condition No. 11 has to do at all with the hearing today; Mr.
Quist agreed.
COUNCILACTION:
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-t36)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-136 for adoption, denying
Variance 3752, reversing the findings of the Zoning Administrator and
Decision ZA88-02. Refer to Resolution Book.
RESOLUTION NO. 88R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3752.
345
City Hall, Anaheim~ California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood and Pickler
Bay
None
The Mayor declared Resolution No. 88R-136 duly passed and adopted.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
144/148: LEAGUE OF CITIES - APRIL MEETING - ISSUES TO BE RESOLVED:
Discussion requested by Mayor Bay at the meeting at the meeting of March 15,
1988 regarding the League of Cities April 7, 1988 meeting pertaining to: (a)
Orange County Communication proposal, and (b) New County master planning
organization - alternative to the Southern California Association of
Governments (SCAG).
Mayor Bay. Since he will be voting on the foregoing issues at the April 7,
1988 meeting, he needs to have Council consensus, whether in support or in
opposition, so that he can cast his vote accordingly. Relative to the
communication proposal, staff is in agreement with the proposal with some
caveats that were added by the City Manager's group.
Later in the meeting, Ron Bates, Assistant City Manager, briefed the Council
on the issues involved in the County Communication Study referring to the memo
submitted previously to the Council under date of February 16, 1988. The
impact to Anaheim under the County proposal is estimated to be $92,000 per
year. Since the County is providing the service at present, they would have
the option to charge the full amount of the costs for the service. The City
Managers did not like the proposal but knowing that the County could impose
the entire cost on the cities if they chose to, were willing to accept the
proposal with three caveats - (1) consider a transfer of appropriation under
Proposition 4, (2) that the County not charge for any overhead and labor costs
and, (3) the county assume the engineering design costs for any new backbone
system. The County is considering those recommendations. Also, after further
consideration of Item 1, it was determined by the City Managers since nearly
every city has a little different way of calculating Proposition 4 limits,
rather than getting into a detailed analysis of how each city did their
calculations since there is not enough money involved, it was determined it
was not worth the effort. Therefore, that caveat was dropped. He also
confirmed for Councilwoman Kaywood that regarding the Net Four Joint Fire
Training Authority, the County would not be charging for that.
MOTION: Councilman Pickler moved to support the Orange County Communication
Proposal in conformance with the position taken by the City Managers with the
two caveats as explained by Mr. Bates (Nos. 2 and 3 aforementioned).
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler. Relative to the proposed New County Master Planning
Organization, that organization is not even an alternative to SCAG but it is
putting a legislative action in place whereby the County has the potential of
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City ~!1, Anaheim~ Ca_!ifornia - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
setting up a Metropolitan Planning Area where the County would be able to
receive about $1.6 million to use in long-range planning, something the County
cannot do at this time. It will put legislation in place that allows the
county and cities at any time to do what they feel will be in the best
interest of Orange County. It gives an alternative - it does not eliminate
SCAG. Even if this were implemented, SCAG would still be there. It is not
the demise of SCAG. It is a positive move.
Councilwoman Kaywood. She is not sure if the proposal is a positive one since
it is not possible to split transportation issues or air quality. It is
necessary for organizations to work together otherwise they will defeat what
they are trying to accomplish.
MOTION: Councilman Pickler moved to support the proposed new County Master
Planning Organization as an alternative to the Southern California Association
of Governments (SCAG). Councilman Bay seconded the motion. Councilwoman
Kaywood abstained. MOTION CARRIED.
179: ITEMS FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 10, 1988: DECISION
DATE: March 17~ 1988 - APPEAL PERIOD ENDS APRIL 1, 1988:
LARGE FAMILY DAY CARE HOME PERMIT NO. 88-02
OWNER: GLORIA AND LARRY CLEMENS, 1593 West Cerritos, Anaheim, CA
92802
LOCATION: 1593 W. Cerritos
To permit a family day care home involving a maximum of 12 children.
APPROVED by the Zoning Administrator, subject to condition to
construct a car turn-around on the front property. Decision No.
ZA88-08.
Councilwoman Kaywood posed questions to staff regarding several of
the requests for height variances which were granted by the Zoning
Administrator; Mayor Bay interjected commenting that it is necessary
that the Council either take no action on such items or to set them
for a public hearing. In the guise of i~uformation gathering, they
are getting into discussions of the pros and cons of the decision and
he would like to end that.
City Attorney Jack White. The procedure for Zoning Administrator
Items is the very same as for the Planning Commission items.
Therefore discussion on the items can be a legal problem and he would
discourage doing that. Information can be obtained by Council
Members or staff on an individual basis and there is no legal problem
in doing so. Dialogue on an actual application can be used as
predetermination or evidence taken outside of the hearing process.
VARIANCE NO. 3761 - CATEGORICALLY EXEMPT~ CLASS 3
OWNERS: HAROLD ABEDOR AND JOAN DEAN ABEDOR, 2114 Spring Oak, Yorba
Linda, California 92686
LOCATION: 7485 Hummingbird Circle
The variance is for a waiver of maximum structural height to
construct a 40-foot high, single-family residence.
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City Hall, Anahetm~ California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
APPROVED by the Zoning Administrator. Decision No. ZA88-09
A Review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing will be scheduled at a later date.
VARIANCE NO. 3762 - CATEGORICAIJJY EXEMPT, CLASS 3
OWNERS: OSCAR F. MARTIN AND BARBARA J. MARTIN, 6949 Avenida De
Santiago, Anaheim, California 92807
LOCATION: 1160 East Tamarisk Drive
The variance is for a waiver of maximum structural height to
construct a 30-foot, 6-inch high, single-family residence.
APPROVED by the Zoning Administrator. DECISION NO. ZA88-10
AR, view of the Zoning Administrator's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing will be scheduled at a later date.
®
VARIANCE NO. 3763 - CATEGORICALLY EXEMPT, CLASS 3
OWNERS: BENJAMIN FISHER AND MARILYN R. FISHER, 241 Calle Da Gama,
Anaheim, California 92807
LOCATION: 6900 East Avenida De Santiago
The variance is for waivers of maximum structural height and maximum
fence height to construct a 32-foot high single-family residence.
APPROVED by the Zoning Administrator. DECISION NO. ZA88-11
A Review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing will be scheduled at a later date.
J
VARIANCE NO. 3764 - CATEGORICAI.I.Y EXEMPT, CLASS 3
OWNERS: ARTHUR E. O'MALLEY AND BARBARA A. O'MAI.I,RY, 6811 Avenida De
Santiago, Anaheim, CA 92807
LOCATION: 6810 East Avenida De Santiago
The variance is for a waiver of maximum structural height to
construct a two-story, 31.5 foot high, single-family residence.
APPROVED by the Zoning Administrator. DECISION NO. ZA88-12
A Review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing will be scheduled at a later date.
End of Zoning Administrator's Decisions.
170: TENTATIVE TRACT NO. 10982 (REV. NO. 1): Request from Linda Homing, of
Kaufman & Broad, for a retroactive extension of time on property located south
and west of the intersection of Bauer Road and Monte Vista Road and further
described as Kendra Court, East Hills (Bauer Ranch-Area 7).
The City Planning Commission approved Tentative Tract No. 10982 (Rev. No. 1).
No further action taken by Council.
348
City Hall~ Ansheim~ California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
179: ORDINANCE NOS. 4914 AND 4915:
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 4914 and 4915)
Coumcilman Pickler moved to waive the reading in full of the ordinances.
Councilman Bay seconded the motion. MOTION CARRIED.
ORDINANCE NO. 4914: 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. 87-88-12
located at 2765, 2775, and 2785 West Ball Road)
ORDINANCE NO. 4915: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~_ELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 86-87-20
located at 2775, 2785 West Ball Road and 910, and 920 South Dale Avenue)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
Kaywood
None
The Mayor declared Ordinance Nos. 4914 and 4915 duly passed and adopted.
179: ORDINANCE NO. 4918: Councilman Pickler offered Ordinance No. 4918 for
introduction.
ORDINANCE NO. 4918: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RRL~TING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 86-87-08
located at 186 through 118 N. Coffman Street)
123: AFFORDABLE DEVELOPMENT AGREEMENT - DWYER J. AND SUSAN M. BEESLEY:
Submitted was report dated March 11, i988 from the Community Development
Department, recommending approval of the subject agreement.
MOTION: Councilman Bay moved to approve the terms and conditions contained
within the Affordable Development Agreement proposed between the City of
Anaheim and Dwyer J. and Susan M. Beesley for the development of 9 senior
rental units at 125 N. Gilbert, (CUP No. 2954, 87R-545, previously approved by
Council), and authorizing the Mayor and the City Clerk to execute said
Agreement on behalf of the City Council, as recommended in report dated
March 11, 1988. Councilman Hunter seconded the motion. Councilman Pickler
voted no since he had voted no on the project when it was presented to the
Coumcil at a public hearing. MOTION CARRIED.
148; ANNUAL NATIONAL LFAGUE OF CITIES MEETING - WASHINGTON D.C. - MARCH 19~
1988 THROUGH MARCH 22 , 1988: Council Members Hunter, Ehrle and Pickler gave
a brief summation of their trip to Washington D.C. They all agreed that
attendance at the subject meeting was a positive experience for the City of
349
City H~!i, Anaheim, California - COUNCIL MINUTES - March 29~ 1988~ 1:30 P.M.
Anaheim. Councilman Pickier emphasized that the contacts made at these
meetings have over the years saved the City of Anaheim millions of dollars.
It is an opportunity to speak to legislators on a one-to-one basis and much
has been accomplished each time the City has sent representatives and their
elected officials to participate.
114: ANNUAL EVENTS - CONFLICT WITH COUNCIL MEETING DAYS: Councilman Ehrle
noted that the 31st Annual Disneyland Community Service Awards Presentation is
scheduled to take place on Tuesday, April 26, 1988, which will conflict with
the Council meeting that date. He suggested that perhaps the Chamber of
Commerce could take the lead in setting up a master schedule on those
organizations in the City holding annual events which the Council is expected
to attend so that those events are not held on a Tuesday.
173/114: SUPER SPEED TRAIN - LAS VEGAS TO SOUTHERN CALIFORNIA: Councilman
Pickler referred to a memorandum which the Council received from the City
Engineer regarding the subject train and the local people mover. It is
something the Council would like to see expedited and it is an important issue
for Anaheim since the City has more visitors than Las Vegas. He recommended
that staff work to get hotels and local business people to support someone to
work full-time on the issue.
161/114: REDEVELOPMENT PROJECT KATELLA/STADIUM/CONVENTION CENTER AREA:
Councilman Pickler stated that a redevelopment project was very much needed
for the Stadium/Convention Center area and the reason it was proposed
initially. He feels there must be a way to institute this much needed project
except that it not incorporate any homes in that area whatsoever. He
recommended that staff consider this and if there is a way, he would like to
get some answers with the possibility of moving forward on a project for the
area.
124/114: SPACE FOR CONVENTIONS: Mayor Bay reported on the March 17, 1988
Convention Center Liaison meeting where the Council liaison Members
(Councilwoman Kaywood and himself) met with hotel managers in the Convention
Center/Disneyland area. They were asked by the managers to look at the issue
of the total space being allowed to trade shows vs. conventions.
After a brief Council discussion on the matter, staff was directed to provide
the Council with information on the issue of total space being allowed to
trade shows vs. the possibility of some of that space being used for
conventions that fill hotels.
ADJOURNMENT: Councilman Bay moved to adjourn.
the motion. MOTION CARRIED. (5:47 p.m.)
LEONORA N. SOHL, CITY CLERK
Councilman Pickier seconded
350