1986/05/20City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
SECRETARY: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
ASSISTANT EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT:
Lisa Stipkovich
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Mary Hibbard, United Methodist Church, gave the Invocation.
FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
Meals on Wheels Day in Anaheim, May 21, 1986,
Professional Plumbing-Heating-Cooling Months in Anaheim, May and June 1986,
Chiropractic Wellness Week ln Anaheim, May 26-June 1, 1986,
National Older Americans Month in Anaheim, May 1985,
Neighborhood Watch Month in Anaheim, May 1986,
Letter Carrier Week in Anaheim, Week of May 19, 1986.
Dr. Gerald Majer accepted the Chiropractic Wellness Week proclamation; Marie
Kounkel accepted the National Older Americans Month Proclamation; Captain
Randall Gaston & Sgt. Ken Brott accepted the Neighborhood Watch Month
proclamation; and Jordan Brown accepted the Letter Carrier Week proclamation.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council and presented to Jordan Brown, for his
many years of postal service to the community and as President of Branch 1100,
National Association of Letter Carriers.
119: PRESENTATION: Mayor Roth, on behalf of the Council and the City
presented a Certificate of Achievement in Governmental Accounting and
Financial Reporting to George Ferrone the City's Finance Director. The Mayor
congratulated Mr. Ferrone and his staff on again receiving the prestigious
award.
363
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City Hall, Anmheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
119: RESOLUTIONS OF CONGRATULATIONS: A Resolution of Congratulations were
unanimously adopted by the City Council and presented to Gerald Smith, Edward
Hackett, Boyd Van Wyckhouse and Lee TadeJa, on their 10th anniversary as
paramedics in the City of Anaheim. Mayor Roth and the Council congratulated
each man personally and thanked them for their outstanding and long service as
paramedics.
119: PRESENTATION: Mrs. Lynch, a representative of the Orange County
Federation of Republican Women presented each Council Member with a red ribbon
signifying "Say No to Drugs Day" to be observed on May 22, 1986. Mrs. Lynch
noted that was the day that First Lady Nancy Reagan was going to launch her
"Stamp Out Drugs Through Education of the Youth" Program.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held May 6, 1986. Councilman Bay seconded the motion. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to:
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,003,391.28, in
accordance with the 1985-86 Budget, were approved.
RECESS - CLOSED SESSION: The City Attorney requested a Closed Session to
discuss items listed under the City Attorney's portion of the agenda.
Councilman Pickler moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (10:29 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (10:59 a.m)
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
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. 86R-202 through 86R-206, both inclusive, for
adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance
Nos. 4716 and 4717 for first reading.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by B.D.F. Corporation for indemnity sustained
purportedly due to actions of the City on or about April 21, 1982.
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Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - Ma7 20; 1986~ 10:00 A.M.
b. Claim submitted by Lawrence G. Toner for indemnity sustained
purportedly due to actions of the City on or about April 21, 1982.
c. Claim submitted by Margaret V. Toner for indemnity sustained
purportedly due to actions of the City on or about April 21, 1982.
d. Claim submitted by Linda Lay Laybourne, Clayton E. Laybourne, Susan
Laybourne Genther and Valerie Laybourne for wrongful death of Steven Parish
Laybourne, sustained purportedly due to actions of the City on or about
January 4, 1986.
e. Claim submitted by Scott Alan Smith for personal injuries sustained
purportedly due to actions of the City on or about December 30, 1985.
f. Claim submitted by Southern California Gas Company (File
No. R-l?9370-05-RWB) for property damage sustained purportedly due to actions
of the City on or about March 2, 1986.
g. Claim submitted by Toni Flores Reyuoza for bodily injury sustained
purportedly due to actions of the City on or about January 7, 1986.
h. Claim submitted by Barbara W. Taylor, John E. Taylor III, Cecil
Garrett Taylor, Robin Lynn Blank and Karen Rae Foley for wrongful death of
John Edwin Taylor Jr. on or about March 31, 1986, sustained purportedly due to
actions of the City on or about January 7, 1986.
i. Claim submitted by Gene Lambert for property damage sustained
purportedly due to actions of the City on or about April 2, 1986.
J. Claim submitted by Alan Wubker for bodily injury sustained purportedly
due to actions of the City on or about January 7, 1986.
k. Claim submitted by Monte F. Craig for bodily injury sustained
purportedly due to actions of the City on or about January 4, 1986.
1. Claim submitted by Fred R. Iseli Jr. for property damage sustained
purportedly due to actions of the City on or about February 6, 1986.
m. Claim submitted by Michael Mark Soriano for property damage sustained
purportedly due to actions ofthe City on or about February 4, 1986 and
February 7, 1986.
n. Claim submitted by Victoria Fierro for bodily injury sustained
purportedly due to actions of the City on or about March 13, 1986.
o. Claim submitted by Frank Rodriquez for bodily injury sustained
purportedly due to actions of the City on or about March 13, 1986.
Application for Leave to Present Late Claim - denied:
p. Claim submitted by Denny's Incorporated for property damage sustained
purportedly due to actions of the City on or about June 22, 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
Receiving and filing the following correspondence: (on file)
a. 107: Planning Department, Building Division--Monthly Report for April
1986.
b. 105: Community Redevelopment Commission, Minutes of April 9 and 23,
1986.
c. 105: Community Services, Minutes of April 10, 1986.
d. 105: Public Utilities Board, Minutes of April 17, 1986.
e. 105: Senior Citizens Commission, Minutes of April 10, 1986.
3. Approving the following applications in accordance with the
recommendations of the Chief of Police:
a. 108: Public Dance Permit, submitted by Musa I. Madain, Green Eyes
Productions, to hold dances at the Anaheim Convention Center on June 7 and
28, and July 5, 1986, from 8:00 p.m. to 1:00 a.m.
b. 108: Public Dance Permit, submitted by Jesus M. Frias, Empresa Frias,
to hold a dance at the Anaheim Convention Center on May 31, 1986, from
6:00 p.m. to 1:00 a.m.
4. 123: Authorizing a Fourth Amendment to an agreement with Safety Striping
Service, Inc., to provide street and pavement striping and marking services,
increasing the contract by $7,708 bringing the original contract amount to
~169,967.
5. 158: Authorizing payment in the amount of $1,317.60 from Fund No.
12-792-7101-E2740 to Israel Carmona for sign replacement cost at 515 North
Anaheim Boulevard in connection with the Anaheim Boulevard Street Widening
Project. (R/W 3500-20)
6. 139: Supporting AB 3034 (Lewis), amending the Health and Safety Code to
provide exemption of public agencies supporting emergency paramedic programs
through voluntary fees and communicating said position to the City's elected
representatives in Sacramento.
7. 123: Authorizing the First Amendment to Agreement with David E. Baker and
Associates, Inc., in an amount not to exceed $91,300 for technical services to
develop and implement an information management system for the Housing
Authority.
8. 123: Authorizing a Thtrd Amendment to the Rental Agreement with
California, Arizona, Nevada Innovation Group (formerly Southwest Innovation
Group, Inc.), reducing the notice to vacate premises from 60 to 30 days with a
reduction of revenue owed when vacated from $390.84 to $143.64.
9. 139/127: RESOLUTION NO. 86R-202: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING PROPOSITION 43 WHICH PLACES BEFORE THE VOTERS OF
366
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
CALIFORNIA JUNE 3, 1986, A MEASURE TO PROVIDE FUNDING FOR PARKS AND
RECREATION, DEVELOPMENT AND OTHER RELATED PURPOSES. (Funding for parks and
recreational land acquisition, development, restoration and other related
purposes)
10. 139/127: RESOLUTION NO. 86R-203: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING PROPOSITION NO. 47: GUARANTEEING THE VEHICLE
LICENSE FEE AS A LOCAL GOVERNMENT REVENUE SOURCE. (Supporting Proposition No.
47, on the June 3, 1986 ballot, guaranteeing distribution of the vehicle
license fee to local governments)
11. 139/127: RESOLUTION NO. 86R-204: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING PROPOSITION NO. 49 (ACA 7) - PENDING CONSTITUTIONAL
AMENDMENT EXCLUDING POLITICAL PARTY INVOLVEMENT IN NONPARTISAN ELECTION.
(Supporting Proposition 49, on the June 3, 1986 ballot, excluding political
party involvement in nonpartisan elections)
12. 123: RESOLUTION NO. 86R-205: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT
NO. 28 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT
AGENCY. (Widening and reconstruction of Harbor Boulevard, Broadway,
Clementine and Chestnut in connection with the City Center Project, Meyer
Investment Properties, to provide for an increase of approximately $800,000
bringing the project total to $2.3 million)
13. 149/142: ORDINANCE NO. 4716: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 14.32.010 TO CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO GRANTING TEMPORARY PARKING VARIANCES FROM PARKING RESTRICTIONS
UNDER TITLE 14 OF THE ANAHEIM MUNICIPAL CODE.
14. 142/129: ORDINANCE NO. 4717: AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING CHAPTER 16.16 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE AMENDING
CHAPTER 16.08 OF THE ANAHEIM MUNICIPAL CODE TO ADOPT CERTAIN APPENDICES TO THE
UNIFORM FIRE CODE, 1982 EDITION.
Setting a date and time for a public hearing to consider adopting appendices
to the 1982 Edition of the Uniform Fire Code. (suggested date: June 10,
1986, 1:30 p.m.)
15. 158: RESOLUTION NO. 86R-206: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
Roll Call Vote on Resolution Nos. 86R-202, 86R-203 and 86R-205:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution Nos. 86R-202, 86R-203 and 86R-205 duly passed
and adopted.
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Cit7 M~11~ A--heim~ Califormia - COUNCIL MINUTES - May 20~ 1986, 10:00 A.M.
Roll Call Vote on Resolution No. 86R-204:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 86R-204 duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
174: 12TH YEAR (1986/87) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION: Submitted was report dated May 12, 1986 from the Community
Development Department recommending approval of a revised 1986-87 Community
Development Block Grant Program and Budget as recommended by the Community
Wide CDBG Citizen Participation Committee to be incorporated into the
"Proposed Statement of Community Development Objectives and Projected Use of
Funds" for publication, and adopting a resolution approving an application of
Community Development Block Grant pursuant to the Housing and Community
Development Act of 1980, amended 1983.
Councilman Bay stated he reviewed the revisions in detail and his only concern
was relative to the reduction from $150,000 to $100,000 in Code Enforcement
activities contrary to previous Council action.
Councilman Bay moved that the allocation for Code Enforcement activities
remain at ~150,000 and that instead, the Contingency Fund in the amount of
$192,000 be reduced by $50,000 to ~142,000.
Before action was taken, Lisa Stipkovich, Assistant Executive Director for
Community Development, explained that the recommendatiou would not reduce the
number of Code Enforcement officers, but that an additional officer would not
be hired. If the ~50,000 was moved back into the Code Enforcement activities,
it would be hiring a third Code Enforcement officer with CDBG funds, a new
position. The Council previously approved a budget for 1986 which included
the funds now being deferred by the Reagan Admimistration. The City has been
told it has to cut back the projected CDBG budget. It would not have been
appropriate to hire the position until July 1, 1986.
Councilman Overholt asked if the ~50,000 were not cut and the Contingency Fund
reduced by that amount, would that prejudice the purpose of the Contingency
Fund in any way.
Mrs. Stipkovich answered no. It was a policy decision of the City Council
relative to the level of contingency they would like to have. The Department
did recommend and HUD typically looked at a 10 percent contingency figure.
City Manager William Talley explained for the Mayor that the additional Code
Enforcement person was not presently employed. The position was going to be
implemented in the next fiscal year. He recalled Council had set by policy
the fact that they wanted more code enforcement when approving the original
application which would result in a third Code Enforcement officer for the
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
target areas. The recommendation was to go back down to two merely because
the Community Development Department had to cut ~600,000 from the CDBG budget.
Councilwoman Kaywood stated the recommendation was the unanimous opinion of
the Community Wide CDBG Participation Committee which included all of the
City's target areas. No one was more concerned about Code Enforcement than
that Committee. If the money was eventually going to be allocated, the
position would automatically be reinstated. She favored the Committee
recommendation. If the money were taken out of the Contingency Fund, she was
concerned with what Mrs. Stipkovich had said about the possibility that it
would hold up a storm drain.
Mrs. Stipkovich clarified relative to the storm drain it was only a partial
funding and it could not actually be constructed next year. The total cost
for the storm drain was ~500,000. Next year they would not physically be
constructing the project and that was why she did not feel as concerned about
the contingency.
Councilman Overholt then seconded the motion made by Councilman Bay clarified
as follows: Approving a revised 1986/87 Community Development Block Grant
Program and Budget to be incorporated into the
"Proposed Statement of Community Development Objectives and Projected Use of
Funds" but with funding for Code Enforcement to remain at the original
~150,000 level, thereby reducing the Contingency Fund to $142,000. Motion
carried unanimously.
Councilman Bay offered Resolution No. 86R-207 for adoption, authorizing an
application for a Community Development Block Grant pursuant to the Housing
and Community Development Act of 1980, amended 1983, and authorizing the City
Manager to execute and file the application therefor, as recommended in report
dated May 12, 1986 to include any change necessitated by the foregoing
motion. Refer to Resolution Book.
RESOLUTION NO. 86R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT
PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980, AMENDED 1983,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE APPLICATION THEREFOR.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 86R-207 duly passed and adopted.
128: SALE OF 1986/87 TAX AND REVF2~3E ANTICIPATION NOTES - $23m600,000:
Submitted was report dated May 20, 1986 from the Finance Director recommending
authorizing issuance of the subject notes and calling for bids and authorizing
the Notice of Sale and the official statement enabling the City to sell the
Tax and Revenue Anticipation Notes under the most beneficial circumstances via
the competitive bidding process.
369
Cit~ Hall~ Anaheim, California - COUNCIL MINUTES - Ma~ 20, 1986~ 10:00 A.M.
Councilman Pickler offered Resolution Nos. 86R-208 and 86R-253 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 86R-208: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE BORROWING OF FUNDS FOR FISCAL YEAR 1986/87 AND THE
ISSUANCE OF 1986 TAX AND REVENUE ANTICIPATION NOTES.
RESOLUTION NO. 86R-253: A ILESOLUTION CALLING FOR BIDS FOR NOTES, APPROVING
DISTRIBUTION OF OFFICIAL STATEMENT, NOTICE OF SALE AND BID FORM, AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 86R-208 and 86R-253 duly passed and adopted.
128/123: REFUNDING CERTAIN PORTIONS OF COMMUNITY CENTER AUTHORITY BONDS
ANAN~TM~ ANAHEIM (CALIFORNIA) STADIUM~ INC. AND ANAHEIM PUBLIC IMPROVEMENT
CORPORATION CERTIFICATES OF PARTICIPATION: Submitted was report dated May 13,
1986 from the Finance Director recommending the sale of Certificates of
Participation (1986 Convention Center Expansion and Refinancing Projects) for
the purpose of refunding certain portions of Community Center Authority Bonds,
Anaheim, (California) Stadium, Inc. and Anaheim Public Improvement Corporation
Certificates of Participation (see report listing the recommended actions to
accomplish the sale).
Councilman Pickler offered Resolution Nos. 86R-209 through 86R-211, both
inclusive, for adoption. Refer to Resolution Book.
RESOLUTION NO. 86R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING, APPROVING AND DIRECTING EXECUTION OF CERTAIN I~4SE
FINANCING DOCUMENTS; AUTHORIZING AND DIRECTING EXECUTION OF A PURCHASE
AGREEMENT; APPROVING A PRELIMINARY OFFICIAL STATEMENT, AND AUTHORIZING AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO ($38,000,000).
RESOLUTION NO. 86R-210: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE FORM AND AUTHORIZING AND DIRECTING EXECUTION OF A SECOND
AMENDMENT TO THE LEASE AGREEMENT RELATING TO CAPITAL IMPROVEMENTS BETWEEN THE
CITY OF ANAHEIM (CALIFORNIA) STADIUM, INC., AND THE CITY OF ANAHEIM.
RESOLUTION NO. 86R-211: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE FORM AND AUTHORIZING AND DIRECTING EXECUTION OF A FIRST
AMENDMENT TO THE LEASE AGREEMENT RELATING TO CAPITAL IMPROVEMENTS PROJECT "C"
BETWEEN THE ANAHEIM PUBLIC IMPROVEMENT CORPORATION AND THE CITY OF ANAHEIM.
Roll Call Vote:
370
20-3
City Hall~ Amaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, 0verholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 86R-209 through 86R-211, both inclusive,
duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held April 28, 1986, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2781: Submitted by Euclid Crescent Center
Assoc., to permit an enclosed restaurant with on-sale beer and wine on CL
zoned property located at 677 West Crescent Avenue, #B-17, with Code waiver of
minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC86-105, granted
Conditional Use Permit No. 2781, and granted a negative declaration status.
2. RECLASSIFICATION NO. 85-86-17 (READV.): Submitted by SSP Properties, John
Schant, et al, requesting revision of Condition No. 4, pertaining to
recordation of a final map, of Resolution No. PC86-30 granting
Reclassification No. 85-86-17, for a change in zone from RS-A-43,000(SC0 to
CL(SC) on property located southeast of the intersection of Riverside Freeway
and Imperial Highway.
The City Planning Commission, pursuant to Resolution No. PC86-106, denied
Reclassification No. 85-86-17 (Ready.), and previously approved the negative
declaration status.
3. RECLASSIFICATION NO. 85-86-30 AND VARIANCE NO. 3555: Submitted by CPI
Development, for a change in zone from RS-A-43,000 to RM-1200, to construct a
54-unit apartment complex on property located at 729, 731 and 733 Knott
Street, with Code waiver of maximum structural height.
The City Planning Commission, pursuant to Resolution No. PC86-109 and 110,
granted Reclassification No. 85-86-30 and Variance No. 3555, and granted a
negative declaration status.
4. P~CLASSIFICATION NO. 85-86-31 AND CONDITIONAL USE PERMIT NO. 2789:
Submitted by Ludwig I. Smeets, for a change in zone from RM-1200 to CL, to
permit a 14-unit motel with a manager's unit on property located at 727 West
La Palma Avenue.
The City Planning Commission, pursuant to Resolution No. PC86-111 and 112,
granted Reclassification No. 85-86-31 and Conditional Use Permit No. 2789, and
granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2782: Submitted by Euclid Crescent Center
Assoc., to permit on-sale beer and wine in a proposed restaurant on CL zoned
property located at 613 North Euclid Street, with Code waiver of minimum
number of parking spaces.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC86-113, granted
Conditional Use Permit No. 2782, and granted a negative declaration status.
6. CONDITIONAL USE PERMIT NO. 2787: Submitted by John Howard Turtle and W.
Ronald Dye, (Mussche Automotive), to retain an automobile repair facility on
ML zoned property located at 1135 North Blue Gum Street, with Code waiver of
minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC86-114, granted
Conditional Use Permit No. 2787, and previously approved the negative
declaration status on October 1, 1984, under CUP 2617.
7. CONDITIONAL USE PERMIT NO. 2793: Submitted by Patrick J. and Susan E.
Shelton, (Patrick J. Shelton, D.P.M., Inc.), to expand an existing doctor's
office in a converted residential structure located on CL zoned property
located at 212 North State College Boulege, with Code waiver of minimum number
of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC86-116, granted
Conditional Use Permit No. 2793, and granted a negative declaration status.
8. VARIANCE NO. 3551: Submitted John Kocyla, to construct a 3,683 square
foot commercial development on RS-A-43,000 zoned property (with Resolution of
Intent to CO) located at 901 South Harbor Boulevard, with Code waivers of
minimum structural setback and minimum dimensions of vehicle accessways.
The City Planning Commission, pursuant to Resolution No. PC86-117, granted
Variance No. 3551, and granted a negative declaration status.
9. RECLASSIFICATION NO. 85-86-17 AND CONDITIONAL USE PERMIT NO.
2750--RESOLUTIONS NOS. PC86-30AND 31~ NUNC PRO TUNC: Submitted by Planning
Commission Secretary, requesting amendments to Resolutions Nos. PC86-30 and
31, nunc pro tunc, to correct the legal description for Reclassification No.
85-86-17 and Conditional Use Permit No. 2750, for a change in zone from
RS-A-43,000(SC) to CL(SC), to permit a 42-foot high, 183-unit motel on
property located southeast of the intersection of the Riverside Freeway and
Imperial Highway, north of Santa Ana Canyon Road.
The City Planning Commission, pursuant to Resolution No. PC8§-118, amended
Reclassification No. 85-86-17 and Conditional Use Permit No. 2750--Resolution
Nos. PC86-30 and 31, Nunc Pro Tunc.
10. RECLASSIFICATION NO. 85-86-29 AND VARIANCE NO. 3554: Submitted by Clara
V. Halle, for a change in zone from RS-A-43,000 to CL, to construct a 16,368
square foot retail center in two phases on 1.3 acres composed of two lots
generally located north and west of a rectangularly-shaped parcel 110 feet by
135 feet at the northwest corner of Lincoln Avenue and Gilbert Street, with
Code waivers of maximum structural height and minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC86-107 and 108,
granted Reclassification No. 85-86-29 and Variance NO. 3554, and granted a
negative declaration status.
372
Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
A review of the Planning Commission's decision was requested by Councilman
Pickler and, therefore, a public hearing will be scheduled at a later date.
11. CONDITIONAL USE PERMIT NO. 2791: Submitted by Devtech Inc., to permit
on-sale beer and wine in a proposed restaurant on CL zoned property 1Dcated at
508 South Beach Boulevard, with Code waiver of minimum number of parking
spaces.
The City Planning Commission, pursuant to Resolution No. PC86-115, granted
Conditional Use Permit No. 2791, and granted a negative declaration status.
The decision of the Planning Commission was appealed by Victor Metaxos and,
therefore, a public hearing will be scheduled at a later date.
End of Planning Commission Informational Items. MOTION CARRIED.
170/142/179: ORDINANCE NOS. 4712 THROUGH 4715: Councilman Pickler offered
Ordinance Nos. 4712 through 4715, both inclusive, for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4712: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.030 OF SECTION 17.08.110 OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO EXTENSIONS OF TENTATIVE TRACT MAP APPROVAL.
ORDINANCE NO. 4713: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TTILE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 77-78-64(7), CO(SC), southwest corner of Santa
Aha Canyon Road and Weir Canyon Road)
ORDINANCE NO. 4714: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TTILE 18 OF THE ANAHEIM MUNICIPAL CODE BE!ATING TO ZONING.
(Amending Title 18, Reclass. 61-62-69(99), ML, 1353 North Miller Street)
ORDINANCE NO. 4715: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TTILE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 70-71-38(2), RM-1200, 831 North Zeyn Street)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance Nos. 4712 through 4715, both inclusive, duly
passed and adopted.
179/142/114: ORDINANCE NO. 4718 - PROHIBITING SALE OF PREPARED FOODS AT
SERVICE STATIONS WHEREIN ALCOHOLIC BEVERAGES ARE SOLD: Councilman Overholt
referred to last week's meeting where he raised the concern over
hamburgers/hot food being sold at mini-markets/gas stations where alcohol is
also sold. He was contacted by members of the industry and during the week he
visited some of the operations. He then referred to and thanked the City
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City Hall~ Anabeim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
Attorney for his report date May 15, 1986 which included Exhibit "A", a
proposed ordinance prohibiting the sale of prepared foods at all service
stations and Exhibit "B", a proposed ordinance prohibiting the sale of
prepared foods only at service stations which engage in off-sale of beer
and/or wine. He felt that Exhibit "B" addressed the issue which provided
that, "the sale of food and unsealed packages, prepared food or any food
heated on the premises is prohibited" relating to facilities which dispensed
petroleum products along with alcohol. The concern was not with gas stations
that did not serve alcohol or mini-markets that did not sell gas. The
combination of a major push on the sale of heated food which, in his opinion
inferred immediate consumption was his concern.
Councilman Overholt offered Ordinance No. 4718 for first reading, clarifying
it was the proposed ordinance marked Exhibit "B" as prepared by the City
Attorney's Office designed to prohibit the sale of unsealed packages, prepared
food or any food heated on the premises where petroleum products and alcoholic
beverages were sold. Refer to Ordinance Book.
ORDINANCE NO. 4718: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.87.023 OF CHAPTER 18.87 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE TO
PROHIBIT SALE OF PREPARED FOODS AT SERVICE STATIONS WHEREIN ALCOHOLIC
BEVERAGES ARE SOLD.
He noted that a representative from the Oil Industry was present and was
familiar with the fact that a first reading of an ordinance raised the issue
to the level of discussion by the Council. Until the Council was ready to act
positively or negatively, the ordinance would be subject to amendments as
appropriate.
Councilman Roth stated he had not had an opportunity to review the proposed
ordinances and felt it would be fair to place the issue on an agenda and give
the industry an opportunity to respond as well as to be able to express their
views, or anyone else who might wish to do so, at the next meeting.
Councilman Overholt emphasized he was not working on a time line and the
matter should be handled to give anyone an opportunity to express their
views. That was the reason he offered it for first reading so that the issue
could be put on a level of discussion.
Councilman Pickler stated that he had a number of concerns. He thought the
Council was first going to get a report and then act accordingly. Drinking
and driving was the major cause of his concern not only relative to service
stations/mini-markets selling alcohol but with convenience markets as well.
Councilman Overholt stated it was his intention to personally move to continue
the second reading of the ordinance at the next meeting until such time as
there has been ample time for input. It involved only the combined hot
food/alcohol and gas and not those markets that did not sell gas or gas
stations that did not sell alcohol.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
Mayor Roth asked the City Clerk to send notification to the industry and other
interested groups relative to the issue advising them that the matter was
going to be discussed at the May 27, 1986 Council meeting.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held for the Council to confer with its attorney regarding:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
O.C. Superior Court Case No. 40 92 46.
b. Pending litigation pursuant to Government Code Section
54956.9(b)(1).
c. Regarding personnel matters pursuant to Government Code Section
54957.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (11:37 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:46 p.m.)
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2756 AND NEGATIVE
DECLARATION:
APPLICANT:
Orange County Steel Salvage, Inc.,
3200 East Frontera Road,
Anaheim, Ca. 92806
ZONING/LOCATION/REQUEST: To permit temporary outdoor storage of shredder
waste and dismantled automobiles on RS-A-43,000 zoned property located at 3200
East Frontera Road.
PLANNING COMMISSION ACTION: Resolution PC86-32 denied Conditional Use Permit
No. 2756 and denied an EIR- negative declaration status for the project.
HEARING SET ON:
Appealed by George Adams, Orange County Steel Salvage. This matter was
continued from the meetings of March 18 and April 15, 1986, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 6, 1986.
Posting of property March 7, 1986.
Mailing to property owners within 300 feet - March 7, 1986.
PLANNING STAFF INPUT:
See Planning Department Staff Report to the Planning Commission dated January
20, 1986 and report of the City Attorney dated March 14, 1986, recommending
that the City continue to cooperate with the Department of Health Services
(DHS) and other agencies in seeking to remove the hazardous waste.
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City Hall~ Anaheim~ California - COUNCIL MINUTES -May 20~ 1986, 10:00 A.M.
City Clerk Leonora Sohl announced that three letters had been received (1)
letter dated May 7, 1986 from the California Regional Water Quality Control
Board, Santa Aha Region from James R. Bennett, Executive Officer, letter
addressed to Mayor Roth, (2) letter dated May 14, 1986 from WCS International
(Orange County Steel Salvage) from George Adams, Chairman of the Board, letter
to Mayor Roth, and (3) letter dated May 20, 1986 from Orange County Steel
Salvage, George Adams, President to Mr. James Bennett of the Santa Ama
Regional Water Quality Board attached to which was a work authorization and
Site Assessment Work Plan prepared by Kennedy/Jenks/Chilton (all made a part
of the record).
APPLICANT'S
STATEMENT:
Philip Anthony representing Orange County Steel Salvage.
He reported on the activities that had taken place since the
last hearing. They now have a target date to possibly be on the
agenda of the Regional Water Quality Control Board (Santa Aha
Region) at their meeting of July 11, 1986. They have asked the
County to join with them in requesting the Water Board to
provide the discharge requirements in order to ascertain what
the Board will require so that the waste could be put into
nearby landfills. (Mr. Anthony also referred to their letter
dated May 15, 1986 to Joseph Desai of Department of Health
Services, recent letters sent to James Bennett of the Regional
Water Quality Board responding to their request for additional
testing to try to relay any possible movement of the lead
beneath the pile to the depth of soil beneath the pile and two
letters sent to the County requesting them to work with Orange
County Steel Salvage to explore the possibility of taking the
shredder waste clean of PCB's to local landfills - made a part
of the record). Because of the continuing delays, they have
also taken steps to start removing the shredder waste at any
cost. Last week they started hauling the waste to the Indian
reservation landfill in Arizona. Unfortunately the operator of
the landfill has resisted and Orange County Steel Salvage does
not know why. They subsequently made arrangements with another
landfill in Arizona and have an agreement to start taking the
waste there starting this evening. They are doing everything in
their power to remove the waste. He then explained other
alternatives having to do with treatment of the waste to make it
acceptable to the Health Department. He could not offer
anything beyond what he reported until they received a decision
relative to the PCB test from the Health Department or on
July 11, 1986 from the Regional Water Quality Board. At this
time, he did not feel they could ask the Council to take
positive action until they had received results from the other
agencies.
COUNCIL CONCERNS:
Councilman Pickler.
He is concerned that the shredder waste on the property keeps
growing. The applicant has reported for some time that
something was going to happen, but nothing has occurred. He
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City Hall, Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
wants the shredding stopped now. The situation is only
worsening. Until he saw some action relative to removing the
"fluff" he was going to vote to stop all shredding. Mr. Anthony
reported that removal operations were going to be starting with
50 truck loads and then another 50. One hundred truck loads
would not make very much difference.
Philip Anthony.
If Orange County Steel Salvage stopped shredding, it would not
solve the problem and it would not make the pile go away. If
anything, it would weaken the Company's capacity financially to
deal with the issue, have an adverse effect on dozens of other
companies and hundreds of families.
Mayor Roth.
He asked for clarification relative to the specific issue of the
public hearing.
Jack White, City Attorney.
Today's hearing is a request for a CUP to permit temporary
outdoor storage of shredded waste and dismantled automobiles on
one of the parcels of property owned or controlled by the
applicant. The previous CUP has expired. Shredding of waste is
actually occurring on the property to the west of the subject
property but a portion of the shredded material is presently
being stored on the subject property. Acting on the subject CUP
does not directly affect the other two CUP's now in existence -
one for auto dismantling and sale of parts and another for
recycling of waste materials. Any actions of the two permits
would have to be under separate hearings after proper notice.
Mayor Roth.
He asked for clarification, if the Council wanted to stop or
prevent the shredding, an Order To Show Cause hearing why the
CUP would not be revoked would have to be set.
City Attorney White.
He confirmed that was his opinion on the matter.
Extensive discussion and questioning of Mr. Anthony by Council Members
followed.
PUBLIC INPUT:
James Bennett, Executive Officer, California Regional Water
Quality Control Board, Santa Aha Region. (See Mr. Bennett's
letter dated May 7, 1986 outlining the Board's concerns
regarding Orange County Steel Salvage and the actions the Board
has taken relative to the matter - made a part of the record).
He first clarified that the Environmental Protection Agency
(EPA) was now in a decision making action with regard to the
PCB's on the property. He then gave an extensive overview of
the whole issue from the Control Board's standpoint, the
377
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City H~]]~ An-heim~ California - COUNCIL MINUTES - May 20~ 1986} 10:00 A.M.
complexity of the matter which revolved around the PCB potential
and lead migration, the different agencies involved, and
explained the Board's position. He noted that the Board, too,
was frustrated in the fact that they have been asking Mr. Adams
for three months to characterize the migration of pollutants in
the soil to see if ground water could be or would be impacted
and also drainage of the site but with no results. When they
get no results, they step up enforcement action. He then
answered questions posed by Councilman Bay relative to the
report submitted by Orange County Steel Salvage to the Board
which showed strong indications that a clay lining would not be
needed to dispose of the shredder waste in landfills. Mr.
Bennett explained that if PCB's and lead were held to a limit
such as 50 parts per billion, there may be less need for a clay
liner but there would be other measures necessary.
Councilman Bay.
He asked Mr. Bennett to tell the Council specifically what the
Board needs from WCS (Orange County Steel Salvage) then perhaps
pressure could be brought to bear on both sides in order to move
the matter along.
James Bennett.
The Board has a letter now in final draft going back to ICF
Northwest regarding their report giving the Board's comments on
what they think of the report; Mayor Roth asked that a copy of
the communication be supplied to the Council.
Councilwoman Kaywood.
After posing a line of questions to Mr. Bennett, she wanted to
know from Mr. Adams why the answers requested by the Regional
Water Quality Board some three months ago had not been
forthcoming.
George Adams, President Orange County Steel Salvage.
He acknowledged that they have not provided the information.
However, a drill rig is to be delivered tonight and they are
going to start testing tomorrow which will be completed within
two days. It will then take approximately two weeks to get the
results back which he will then submit to Mr. Bennett and the
Council. He then spoke to the issues raised emphasizing he felt
they could prove that the shredder waste pile relative to PCB's
will test below the 50 parts per billion. He also requested
that the Council write a letter to the Board of Supervisors
asking them to request the waste discharge requirements from the
Water Quality Board, and to request the Water Board to accept
waste below 50 parts per billion PCB's and the normal amount of
lead. He estimated that at this time the waste on the property
was approximately 44,000 tons. The Water Board has the duty to
provide economical and logical means to dispose of the waste.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
City Attorney, Jack White.
He confirmed that action by the Council today will not have any
legal effect on the ability of Orange County Steel Salvage to
shred. In order to stop shredding, that matter would be the
subject of revocation of the CUP.
MOTION: Councilman Overholt moved to continue the public hearing on
Conditional Use Permit No. 2756 to Tuesday, July 15, 1986, at 1:30 p.m. giving
the opportunity to see what the various agencies involved were going to do and
at the same time give Mr. Adams an opportunity to achieve some success in
trucking out more waste from the property than was being produced. Councilman
Bay seconded the motion.
Mayor Roth.
He asked that the City Attorney draft a letter for his signature
asking the EPA to advise the Council and take some leadership
position in the matter since they were the agency responsible
for the control of toxic waste. Copies of the letter should
also be directed to Congressmen Dannemeyer and Dornan eliciting
their cooperation in getting the EPA to act on the matter.
Further, he asked that a letter be directed to the Water Board
advising them of the Council's action so that a response from
them could be forthcoming in time for the continued public
hearing on July 15, 1986.
Councilman Pickler.
He asked that a part of the motion be that Mr. Adams commit to
stop shredding in the meantime.
Councilman 0verholt.
He clarified that was not a part of his motion.
Councilman Pickler asked Mr. Adams if he would stipulate to not
shredding any more waste from now until the proposed continuance.
George Adams.
It would be economically impossible to discontinue shredding
operations.
A vote was then taken on the foregoing motion of continuance. Councilman
Pickler voted no. MOTION CARRIED.
Councilman Pickler.
He wanted the shredding operation stopped and asked if he could
set an order to show cause hearing.
City Attorney White.
He explained that the Council could do so. In the past it had
never been the custom to set such a hearing other than by
motion, passed by a majority of the Council.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
Councilman Pickler.
He stated that would be his intent and asked the City Attorney
to research the matter.
Councilman Overholt.
If on July 15, 1986 it was found that there was no more progress
than today, it is his feeling he would support a move to set a
revocation hearing.
Councilman Pickler.
He asked that the Council receive notification of the number of
truck loads of shredded waste being moved out of the property.
George Adams.
He will submit on a monthly basis copies of manifests of all the
loads shipped out.
RECESS: By general consent the Council recessed for five minutes. (3:13 p.m.)
AFTER RECESS: Mayor Pro Tem Pickler called the meeting to order, all Council
Members being present with the exception of Councilman Roth. (3:20 p.m)
134/179: CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 208~
RECTASSIFICATION NO. 85-86-21, VARIANCE NO. 3534 AND NEGATIVE DECLARATION:
APPLICANT: Kathleen F. and S~mmy John Nobles, Terry F. Wylie and Edward L.
and Yolanda E. Roldan,
111 So. Illinois Street
Anaheim, Ca. 92805
ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-1200, to
construct a 40-unit apartment complex on property located at 1918-1932 East
Cypress Street, with Code waiver of maximum structural height; to consider an
amendment to the land use element of the General Plan from general commercial
and low-density residential designation to medium density or low-medium
density residential designation.
PLANNING COMMISSION ACTION: Resolution No. PC86-44 recommended adoption of
GPA No. 208 Exhibit "B". Resolution No. PC86-45 and 46 denied the
Reclassification and the Variance.
HEARING SET ON:
Appealed by Hugo Vasquez, agent. This matter was continued from the meeting
of March 18 and April 22, 1986, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 6, 1986.
Posting of property March 7, 1986.
Mailing to property owners within 300 feet - March 7, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 3, 1986.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986, 10:00 A.M.
City Clerk Sohl announced that letter dated May 19, 1986 received from Pat
Fitkin on behalf of the applicant requested a continuance of the public
hearing to June 24, 1986.
APPLICANT'S
STATEMENT:
Victor Vasquez, representing the applicant.
His brother, Hugo Vasquez was unable to be present today since
he was at a meeting to discuss alternatives for obtaining access
to the proposed project.
Councilwoman Kaywood.
She asked the number of units now being considered for the
project.
Victor Vasquez.
Although he did not have the exact number, it was between 30 and
35 units.
Councilwoman Kaywood.
She emphasized at the last meeting that the zoning was for 15
units to the acre. If the project comes in higher or above
whatever is allowed for affordable units, there may still be
problems.
Councilman Bay.
He suggested if the public hearing is continued that it be heard
some time in July rather than June when budget hearings were
going to take place.
PUBLIC INPUT:
Raymond Ware, 2047 Mauerhan Place, Anaheim.
He represents the church at 311 North State College Blvd. and
the leadership of that congregation. He has no objection to the
proposed continuance. The church has been approached by the
realtor and an engineer is working on the project. They are
coming closer together.
Councilman Overholt moved to continue the subject public hearing to Tuesday,
July 1, 1986 at 1:30 p.m. Councilman Bay saconded the motion. Councilman
Roth was absent. MOTION CARRIED.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2768 AND NEGATIVE
DECI~_RATION:
APPLI CANT:
La Palma - Lakeview Associates,
1805 East Garry Street No. 110
Santa Ana, Ca. 92705
ZONING/LOCATION/REQUEST: ML zoned property located at 4501 East La Palma
Avenue, to permit industrially-related offices in a 2-story building.
PLANNING COMMISSION ACTION: Resolution No. PC86-61 granted Conditional Use
Permit No. 2768, approved EIR Negative Declaration.
381
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City Ha11~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
HEARING SET ON:
Review requested by Councilwoman Kaywood.
meeting of April 29, 1986, to this date.
This matter was continued from the
PUBLIC NOTICEKEQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 17, 1986.
Posting of property April 18, 1986.
Mailing to property owners within 300 feet - April 18, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 17, 1986.
APPLICANT'S
STATEMENT:
Chris Bates, 1 Via Monte, Irvine.
His project is less than 25,000 square feet. In the overall
scope, the project is small compared to any concerns that might
be coming out of the input being gathered by the Planning
Department as a result of the April 29, 1986 Joint Work Session
(Planning Commission and Council). The project is under
construction and a number of people are interested in it. It
would be helpful if he could get a resolution of the matter
today.
COUNCIL CONCERNS:
Councilwoman Kaywood.
The project was initially planned as an industrial building and
subsequently, while under construction, the applicant requested
a switch of uses. She asked what the applicant had in mind when
the building was started.
Chris Bates.
The situation was worked out in conversation with the
Redevelopment Agency. They are aiming for Research and
Development (R&D). And since R&D has changed so much over the
last couple of years felt it would be best to clarify the
permitted uses. The request was made in order to preclude any
confusion and to be able to answer specific questions of
prospective tenants immediately on whether their proposed use
was allowable or not.
Councilman Bay.
He did not feel the project should be held up while staff was
researching the overall impact of projects in the Canyon
Industrial Area (see minutes of April 29, 1986). It was not
going to make a difference one way or the other.
Councilwoman Kaywood.
The applicant proceeded initially under the guise of an
industrial building and half-way through asked for a change of
use. She did not appreciate a "back-door" approach.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
Councilman Overholt.
The difference between this project and new projects was that it
had been to the Planning Commission and approved by the
Commission. Subsequently it was held up until after the Joint
Work Session took place. As Councilman Bay stated, to allow the
project to go forward was not going to upset future planning as
a result of what the Planning Department was presently doing.
Annika Santalahti, Assistant Director for Zoning.
She suggested the following amendment to Planning Commission
Condition No. 13 if the Council approved the request: "Each
.individual use shall require the approval of the Planning
Department prior to occupancy, which approval shall only be
given when it is demonstrated by the applicant that such use is
either an expressly permitted use in such zone or meets the
criteria of Section 18.61.050.605 of the Anaheim Municipal Code."
Chris Bates.
He had no problem with the amendment as articulated.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Overholt, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Roth was absent. MOTION CARRIED.
Councilman Bay offered Resolution No. 86R-212 for adoption, granting
Conditional Use Permit No. 2768 including the amendment to Condition No. 13 as
stated above. Refer to Resolution Book.
RESOLUTION NO. 86R-212: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2768.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Resolution No. 86R-212 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3545:
APPLICANT:
Charles E. and Lourdes B. Rogers
3118 West Manroe,
Anaheim, Ca.
ZONING/LOCATION/REQUEST: RS-7200 zoned property located at 3118 West Monroe
Avenue, with the following Code waivers: (a) Minimum side and rear yard
structural setback, (b) permitted encroachments into required yards, (c)
minimum number, type, dimension and location of parking spaces; to construct a
2-room addition to an existing dwelling.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 20~ 1986~ 10:00 A.M.
PLANNING COMMISSION ACTION: Resolution No. PC86-74 granted Variance No. 3545.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of April 22, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 8, 1986.
Posting of property May 9, 1986.
Mailing to property owners within 300 feet -May 9, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 31, 1986.
APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCILWOMAN KAYWOOD:
Lourdes Rogers.
She has three homes. One is for care of the elderly located
across the street at 2313 West Manroe, another home is a rental,
and the subject property proposed to be used for the care of the
elderly. She and her family will also live there.
COUNCIL CONCERNS:
Councilwoman Kaywood.
The applicant is requesting a variance and if the property is
sold, the variance goes with the land. Subsequent owners would
then have the two additional parking spaces and the three
additional bedrooms. It could then be used for a rental unit.
Two of the neighbors had objected, noting if the applicant was
allowed to do this, then everybody else would want to do the
same thing.
Lourdes Rogers.
In her driveway she can accommodate four cars as well as two
additional spaces, one in the carport and another in the back.
They will not be selling the property. Her husband is sick and
she thought by utilizing the property for elderly care they
would not lose the property. There are six people in the home
they have across the street and it has been operating for five
years. The residents are 62 years of age and older. When her
neighbors asked her what the request was all about, she brought
them to the house to show them and they did not see a problem.
If she was going to spend money to upgrade her property, it
would help them. She did not know the people who had complained
since they lived on the next street.
Councilwoman Kaywood.
She wanted assurance that the requested use be for the applicant
only and that the property not be used as rental property.
Councilman Pickler.
He asked for a stipulation that there be no kitchen facilities
being installed in the addition.
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City ~a11~ Ansheim~ California - COUNCIL MINUTES - May 20~ 1986~ lO:00 A.M..
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Pro Tem Pickler closed the public hearing.
Councilwoman Kaywood.
She would offer a resolution of approval if the applicant would
stipulate to the following: (1) that there be no kitchen for
additional cooking facilities added to the structure and (2)
that it not become a rental property either now or upon resale.
Lourdes Rogers.
She has no problems with those two conditions and agreed to them.
City Attorney, Jack White.
He clarified that the covenant will be to provide that the
converted area will be owner-occupied and not rented as a second
unit and that the convenant will provide that no kitchen
facilities will be installed in the converted area.
Councilwoman Kaywood offered Resolution No. 86R-213 for adoption, granting
Variance No. 3545 with the following amendment to Condition No. 2 and adding
Condition No. 3:
Adding to Condition No. 2: "...; provided, however, that no kitchen or
cooking facilities shall be installed in the converted workshop/garage."
New Condition No. 3: That prior to issuance of a building permit, a covenant,
in form approved by the City Attorney, shall be recorded at the Office of the
Orange County Recorder to (a) prohibit rental of the converted workshop/garage
which building must be owner-occupied and (b) prohibit installation of kitchen
or cooking facilities in the converted workshop/garage. Proof of recordation
shall be furnished to the Planning Department. Refer to Resolution Book.
RESOLUTION NO. 86R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3545.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Resolution No. 86R-213 duly passed and adopted.
385
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City Hall~ Anahetm~ California - COUNCIL MINUTES -May 20~ 1986~ 10:00 A.M.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Bay seconded
the motion. Councilman Roth was absent. (4:05 p.m.)
LEONORA N. SOHL~ CITY CLERK
386