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1986/08/05City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRES ENT: ABSENT: PRES ENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth COUNCIL MEMBERS: None ASSISTANT CITY MANAGER: Ronald Bates CITY ATTORNEY: Jack White CITY CLERK: Leonora N. $ohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti CODE ENFORCEMENT & SUPERVISOR: John Poole Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Harold Headrick, West Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to Mr. and Mrs. Don May on the occasion of their 50th wedding anniversary. The Mays, Anaheim residents since 1947, have been active members in their church, the Anaheim Cultural Arts Association and the Anaheim Museum throughout the years. 119: RESOLUTIONS OF WELCOME: Resolutions of Welcome were unanimously adopted by the City Council to be presented to Megan Dobner, Natalie Corbin and Stephen Jackson when they visit Disneyland with their parents as a part of the "A Wish With Wings" Program. The City of Anaheim and the greater Anaheim Kiwanis Club are proud to greet these young guests who have traveled so far to visit the City and Disneyland. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held July 15, 1986. Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Council Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof hy the City Clerk, and that con~ent 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. Council Overholt seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,889,371.00, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in 650 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 86R-357 through 86R-361, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Mrs. Patricia R. Kell for bodily injury sustained purportedly due to actions of the City on or about May 28, 1986. b. Claim submitted by Maria Aceves for for bodily injury sustained purportedly due to actions of the City on or about May 9, 1986. c. Claim submitted by Jon Kollen for personal injury sustained purportedly due to actions of the City on or about May 30, 1986. d. Claim submitted by Scott Richard Christensen for bodily injury sustained purportedly due to actions of the City on or about June 8, 1986. e. Claim submitted by Felipe & Patricia Benavides for bodily injury sustained purportedly due to actions of the City on or about March 13, 1986. Claim Filed against the City - recommended to be accepted: f. Claim submitted by Jeffrey L. Williams, Jr. for property damage sustained purportedly due to actions of the City on or about June 9, 1986. 2. 158: Authorizing relocation payments in a total amount not to exceed $80,000 for tenants residing at 424 North Anaheim Boulevard, as required by the North Anaheim Boulevard street widening project. (R/W 3500-15) 3. 137/123: Authorizing an agreement with Jones Hall Hill &White as Bond Counsel in an amount not to exceed $37,500, plus out-of-pocket expenses not-to-exceed $2,500, for the sale of &eneral obligation bonds in the amount of $10,000,000 to finance storm drain construction. 137/123: Authorizing an agreement with Seidler-Fitzgerald Public Flmamce as Financial Advisor in an amount not-to-exceed $25,000 for legal expemsea, out-of-pocket expenses not-to-exceed $2,500, and bond issuance costs mot to exceed 525,000, for the sale of general obligation bonds in the amoumt of $10,000,000 to finance storm drain construction. 4. 123: Authorizing a permit agreement with Pinata Foods, for lease of 5 parking spaces at Anaheim Stadium for employee parking for a term of five years, for the sum of 5100 per month for first 30 months and $125 per month for last 30 months. 5. 123: Authorizing an agreement with Community Services Program, Inc. (C.S.P., Inc.), in an amount not to exceed $35,059 to provide professional 651 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. counseling services in connection with Juveniles, for the term July 1, 1986 through June 30, 1987. 6. 123: Authorizing a Reimbursement Agreement with Sanderson-J. Ray Development in the amount of ~4,330 for installation of 10" V.C.P. sewer line requested by the City in lieu of the required 8" lines to serve property south of Ball Road and east of the Orange Freeway. 7. 150/106: Accepting Disneyland Community Service Award monies in the amount of $2,500 for the "Kids for Parks" Program, and appropriating said funds into Account 01-273-5115 and Revenue Account No. 01-273-3222. 8. 123: Authorizing the City Manager to execute Grant Agreement No. 01-7-102 with the Orange County Job Training Partnership Agency in the amount of ~111,000 to provide funds for administration under the JTPA for the term July 1, 1986 through June 30, 1987. 123: Authorizing the City Manager to execute Grant Agreement No. 01-7-101 with the Orange County Job Training Partnership Agency in the amount of ~635,534 to provide funds for the operation of the City's Title II-A 78% program for the term July 1, 1986 through June 30, 1987. 123: Authorizing the City Manager to execute Grant Agreement No. 01-7-930 with the Orange County Job Training Partnership Agency in the amount of 340,138 to provide funds for the operation of the City's Title II-A 3% older worker's program for the term July 1, 1986 through June 30, 1987. 123: Authorizing the City Manager to execute Grant Agreement No. 01-7-901 with the Orange County Job Training Partnership Agency in the amount of $18,163 to provide funds for the operation of the City's Title III dislocated worker's program, for the term July 1, 1986 through June 30, 1987. 9. 158: Authorizing payment in the amount of ~35,780 to Elmer Boydstun for modifications to the building located at 703 North Anaheim Boulevard, as required by the North Anaheim Boulevard Street Widening Project, R/W 3500-35. 10. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $82,786 for 10,000 feet of 15KV U.R.D., 750 KCMIL cable, in accordance with Bid No. A-4343. 11. 169: RESOLUTION NO. 86R-357: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (GENERAL PROCUREMENT & CONSTRUCTION COMPANY) (Awarding a contract to the lowest and best responsible bidder, General Procurement & Construction Company, in the amount of $14,984.80, for Street Improvement, southwest corner of Citron Street and South Street, Account No. 25-792-6325-E2230) 12. 135: RESOLUTION NO. 86R-358: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINATJ.Y ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (DAD MILLER GOLF COURSE IRRIGATION PUMPING SYSTEM REFURBISHMENT). (Accepting the completion of construction of the Dad Miller Golf Course Irrigation Pumping System Refurbishment, Account No. 24-312-7103, Earth-Tec, Inc., (dba 652 City Hall, Anaheim~ California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. Foothill Engine and Pump), contractor, and authorizing filing of the Notice of Completion therefor) 13. 000/167: RESOLUTION NO. 86R-359: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A REVISED SCHEDULE OF TRAFFIC SIGNAL FEES. 14. 158: RESOLUTION NO. 86R-360: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. 15. 139: RESOLUTION NO. 86R-361: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING THE SO-CATJJED "CALIFORNIA FAIR PAY" INITIATIVE. (Opposing the "California Fair Pay" Initiative (Gann) submitted for statewide election in November) 16. 105: Receiving and filing the following correspondence: (on file) a. Public Utilities Board, MInutes of May 1, June 19 and 26, 1986. Roll Call Vote on Resolution Nos. 86R-357 through 86R-360: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCILMEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution Nos. 86R-357 through 86R-360, both inclusive, duly passed and adopted. Roll Call Vote on Resolution No. 86R-361: AYES: COUNCIL MEMBERS: Kaywood, 0verholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 86R-361 duly passed and adopted. End of Consent Calendar. MOTION CARRIED. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with the City's Attorney regarding potential litigation. Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (10:15 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (10:33 a.m.) 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 2756 - ORANGE COUNTY STEEL SALVAGE: Request for a rehearing submitted by Floyd L. Farano, Attorney for Orange County Steel Salvage, for Conditional Use Permit No. 2756, to permit temporary outdoor storage of shredder waste and dismantled automobiles 653 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. on RS-A-43,000 zoned property located at 3200 East Frontera Road, denied by Council on July 15, 1986, Res. 86R-335. Mayor Roth stated an order to Show Cause hearing was scheduled to be held on the two adjacent parcels to the subject parcel on conditional use permits currently held by Orange County Steel Salvage (August 19, 1986). He thereupon moved that the request for rehearing on Conditional Use Permit No. 2756 not be considered today but that the Council consider the request at the meeting of Tuesday, August 26, 1986. Councilman Overholt seconded the motion. MOTION CARRIED. 134: GENERAL PLAN AMENDMENT NO. 217 - DATE AND TIME FOR PUBLIC HEARING: Councilman Pickler moved that the date and time for a public hearing on GPA No. 217, be Tuesday, August 12, 1986 at 1:30 p.m., to consider the following: An amendment to the Land Use Element of the General Plan to consider alternate proposal of land uses for Area I, 3.14 acres bounded on the north by Vermont Avenue, east by an alley and southwest by Interstate 5; Area II, approximately 4.07 acres located on the south side of Vermont, west of Harbor Boulevard; Area III, approximately 22.77 acres on the northeast corner of Ball Road and Harbor Boulevard; Area IV, approximately 8.54 acres on the northwest corner of Orangewood Avenue and Harbor Boulevard and 4.21 acres located on the northeast corner of Orangewood Avenue and Harbor Boulevard; and Area V, approximately 12.53 acres on the northwest corner of Orangewood Avenue and Manchester Avenue. Councilman Roth seconded the motion. MOTION CARRIED. 108: POOL ROOM APPLICATION - GAMES PLUS: Councilman Roth moved to approve a Pool Room Application for Games Plus, 3242 West Lincoln Avenue, for 13 tables, submitted by Russell William Campbell as recommended by the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 108: POOL ROOM APPLICATION - DAN'S HIDE-AWAY: Councilman Roth moved to approve a Pool Room Application for Dan's Hide-Away, 309 No. Manchester, for 3 tables, submitted by Daniel Stanley Naparava as recommended by the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 108: APPLICATION FOR A PUBLIC DANCE PERMITS - MUSA I. MADAIN: Councilman Roth moved to approve the Public Dance Permit, submitted by Musa I. Madain, to hold dances at the Anaheim Convention Center~ on August 9 and 29, 1986, from 8:00 p.m. to 1:00 a.m. Councilman Overholt seconded the motion. MOTION CARRIED. 108: RATIFICATION OF A PUBLIC DANCE PERMIT - NEW GENERATION PRODUCTIONS: Councilman Roth moved to ratify the Public Dance Permit, submitted by Nick Ramirez, for New Generation Productions, to hold a dance at the Anaheim Convention Center on August, 2, 1986, from 8:00 p.m. to 1:00 a.m. as recommended by the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 179/142: CONSIDERATION OF CODE AMENDMENT PERMITTING CHURCHES AS INTERIM USES IN THE CANYON INDUSTRIAL AREA: City Clerk Leonora Sohl announced letter dated August 1, 1986 had been received from Gerald Bushore, requesting that the subject item be held over to 1:30 p.m. today since he had notified over 260 654 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. churches that 1:30 p.m. was to be the time the item would be considered. was determined that four people were now present in the Council Chamber relative to the item. It Mr. Frank Lowry, attorney, Farano & Kieviet. He has not requested that the matter be heard at the afternoon session. He understood this was only to be the first reading of the proposed ordinance and not a public hearing. His firm represents two and possibly three churches - a Jewish Temple a Non-Denominational Protestant Church and a Fundamentalist Protestant Church. None have an application pending in the City at this time, but wish to pursue the possibility of acquiring temporary use in the Canyon Industrial Area, not an interim use. He has never requested an interim use at the Planning Commission. They are interested in a temporary one to three year maximum use with no renewal whether it be done by a condition in the approval or by an ordinance - whatever the Council wishes. Councilman Bay interjected and stated normally until the first reading of a proposed ordinance, it was difficult to define the issue. There was no intent on the agenda to have a hearing or a public hearing today. At the second reading of an ordinance, the issue is defined to where it can be discussed. The Council has not reached that point. Councilman Overholt stated he, for one, would be available to hear what the ministers would have to say if they were present at the afternoon session, but only after the public hearing portion as Councilwoman Kaywood had suggested. He would also like to hear from whoever is present at this time. Councilman Roth offered Ordinance No. 4743 for first reading. ORDINANCE NO. 4743: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.61.050.600 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE TO PERMIT CHURCHES BY CONDITIONAL USE PERMIT IN THE ANAHEIM CANYON INDUSTRIAL City Attorney Jack White stated the proposed ordinance he prepared and submitted to the Council would simply add to the list of conditional uses in the Canyon Industrial Area the word, "churches." At the time the matter was first discussed~ he indicated it was his feeling it would not be appropriate to put in the ordinance itself a time limitation on the church use. The Council has the right in any CUP to place conditions therein as they deem fit, one of which could easily be limiting the length of time of the permit to any period. He reiterated the ordinance before the Council simply adds churches as an additional use in the Canyon Area. It would allow someone to come in and apply for a conditional use. Councilman Bay stated his problem with a simple change such as that was the things it did not say. There were 20 to 30 issues that immediately become tied to the presentation of an ordinance change that simple. Things that have to be taken into consideration are hours of operation, the length of time, temporary or not, to what extent are they going to be allowed to operate, etc. There are other issues such as the problems that could be created in the industrial area if activities occur at high peak traffic hours when work takes 655 City Hall, Anaheim, California - COUNCIL MINUTES - August 5., 1986, 10:00 A.M. place. If in the evening or weekends, there may be no such impacts. He has no problem with hearing anybody's views. Councilman Pickler stated when the CUP is applied for, the Council can at that time place any restrictions they want on the use. Councilman Bay stated the intent of adding the possibility of a CUP to a zoning ordinance designed to protect rapidly decreasing industrial acreage was so that people considering large lease agreements with probably a minimum of three years would make it financially feasible to do so. Some of the original ideas were three to five years. For them to come in blind and have each case dealt ~rlth individually on all those subjects, in his opinion, it is not the full intent of the zoning in the northeast Industrial Area. If there are going to be churches and there are limitations, they should be included in the zoning ordinance so it is clear on how a church comes into that area. Mayor Roth stated he was inclined to leave the proposed ordinance as is. There may be conditions he is willing to support such as two years vs. three depending on the way it is presented to the Planning Commission and Council. In the past, they have seen these uses in the Industrial Areas without any problems. He has attended a church there himself. He does not see anything wrong in allowing such use for short periods of time and an interim use to help a church get started. Discussion followed relative to the issue and whether those who ~rished to speak would be heard at this time. Mr. Gerald Bushore who was present, suggested that if people were present to speak this afternoon, that they be heard and the others could speak at the second reading next week. At the end of the discussion, it was determined if there are those who wished to speak to the Code Amendment at the afternoon session that they could do so but only after the scheduled public hearings. Those who wished to speak now were invited to come forward. Frank Lowry then gave a brief presentation stating that his firm represents two or three churches who wished to locate in the Canyon Industrial Area and ultimately in the hill and canyon area, an area where not enough church sites were planned at the time of the establishment of the planned community. The use should only be considered a temporary use. He has talked to no one who has indicated they would want a lease of over three years, a school in conjunction with the church, or for any time other than Sunday or a Wednesday evening at 7:00 or later. One church mentioned that four times a year they would have a Saturday afternoon seminar. The Council has chosen to use a wise planning concept in the northeast industrial area so that buildings are not obsolete in ten years. Two or three churches will also not overload the infrastructure. Any church should not be coupled with a school and not permitted on anything except low intensive uses. This will create a compatible use and provide the ability to use property in off-peak hours. The City will have performed a service because the need exists. Small, young congregations take time to grow. Howard Shaffer, 206 Sullivan Street, Santa Ana. He is with the church that has a conditional use permit before the Council at the present time (Living Faith Church). He urged the proposed amendment to the Code to allow the 656 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. churches in the Canyon Industrial Area. His church presently meets at a Seventh-Day Adventist Church in Garden Grove and are presently in negotiation to purchase land in the hill and canyon area. The present size of the congregation is approximately 100. They are waiting for a piece of property and time to build. Robert Moschetti, 3305 Dolphin, San Juan Capistrano, member of Living Faith Church. Pastor Rohrig was in Washington D.C. and they are here as members of his church. They are asking that churches be permitted as an interim use. Such use is an assist as a launching ground for churches. Bob Fulton, Vineyard Inter Christian Fellowship, presently meeting in Canyon High School. They are in a different position than some of the other churches relative to the time factor. They need between three and five years instead of three years. The tenant improvements are $150,000 on 10,000 square feet. To amortize that cost over three years, pay rent and save enough money for a new church is very difficult. He asked that the Council not limit the use for two to three years but five years because of tenant improvements. He can speak for most of the churches. He thought today would be the first reading of the ordinance and it would then be considered at next week's meeting. He would like to talk to some of the other people involved and instead of having 20 or 30 people speak, they could present a united front. Councilwoman Kaywood asked if the proposed ordinance should be adopted as is for a limited period with no renewal and that church moves out, does that mean another new church can move in so that there is a full-time permanent church use in the industrial building. City Attorney Jack White stated the intention in drafting it simply in its current form was to allow the City Council as the granting authority for a CUP to have the discretion unbridled by language placed in the Code to determine if the Council wanted to allow a continuation of the use on the property from one owner to the next or not. If it is the majority of the Council's wish to place limitations directly in the ordinance, one of the limitations they could place therein would be a provision that expressly provides that no permit be granted for that particular piece of property for X consecutive years or whatever period would be appropriate. Later in the meeting (1:55 p.m.), Mayor Roth announced what had occurred relative to the discussion on the proposed ordinance and stated that those present who wished to speak to the issue were welcome to do so at the end of the public hearing or be present at 10:00 a.m. at the Council meeting of Tuesday, August 12, 1986 at the time of the second reading of the ordinance. 179: ORDINANCE NO. 4742: Councilman Pickler offered Ordinance No. 4742 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4742: 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, Reclass. No. 85-86-25, CL, 1840 Chelsea Drive) 657 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4742 duly passed and adopted. 179: ORDINANCE NOS. 4744 THROUGH 4747: Councilman Pickler offered Ordinance Nos. 4744 through 4747, both inclusive for first reading. ORDINANCE NO. 4744: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERILED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~RLATING TO ZONING. (Amending Title 18, Reclass. 79-80-9, CO, 500 South Harbor Blvd.) ORDINANCE NO. 4745: 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, Reclass. 85-86-14, RM-1200, 917 and 925 So. Webster Avenue) ORDINANCE NO. 4746: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REL&TING TO ZONING. (Amending Title 18, Reclass. 85-86-5, RM-1200, 2230 West Lincoln Ave) ORDINANCE NO. 4747: 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, Reclass. 81-82-21, RM-1200, 730-810 North Loara) RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with the City Attorney regarding: 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. b. Regarding potential litigation pursuant to Government Code Section 54956.9 (b) (1). Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:40 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:55 p.m.) 179: PUBLIC HEARING - VARIANCE NO. 3561 AND NEGATIVE DECLARATION: APPLICANT: Jerry Tremble, Inc., 505 City Parkway West Orange, Ca. 92668 REQUEST/ZONING/LOCATION: To expand an existing industrial building on ML zoned property located at 3941-3969 East La Palma Avenue, with Code waivers of minimum structural setback and yard requirements and minimum number of parking spaces. 658 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. PLANNING COMMISSION ACTION: Planning Commission Resolution No. PC86-132 denied Variance No. 3561; approved EIR - Negative Declaration. HEARING SET ON: Appealed by the applicant. This matter was continued from the meeting of July 15 and July 22, 1986, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 4, 1986. Posting of property July 3, 1986. Mailing to property owners within 300 feet - July 3, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 28, 1986. APPLICANT'S STATEMENT: Frank Sator, 3150 East La Palma, Suite A. The size of the building has been decreased to preclude encroachment into the setback area. They lost a few parking stalls which could be gained from restriping compact stalls. They would rather not restripe unless it became necessary. He referred to the posted aerial photograph taken at 3:45 p.m. showing the cars parked on the site and the driveway they intend to close. A letter was also submitted this morning to the Council showing what they had submitted before and their plans now. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Jim Hood, 3921 East La Palma, Suite A, representing the property owner directly to the west. They have been in opposition to the proposal. He has not received any information on the revised plans. Primarily he is opposed to deleting an access point which will cause greater traffic on an easement which they share with the applicant now and also an acees~ point. Paul Singer, Traffic Engineer. Working from the posted plan, explained there are two driveways located close to each other on the westerly portion of the property. Since they are so close together, they are serving the same function and actually creating confusion. Removing the one driveway will funnel traffic through a single location. There will be better control of turn movements. It was his recommendation to close that driveway to avoid conflict. Councilwoman Kaywood. Mr. Hood reported that there are a large number of large trucks using the easement and making the turn which the Traffic 659 City Hall, Anaheim, California - C0UNCILMINUTES - August 5, 1986, 10:00 A.M. Engineer may not have been aware of at the time he made his recommendation. Paul Singer. The driveway could be made larger but he believes it is already at 30 feet. The easement is aligned and it is commonly used for both properties. The two driveways would not aid the situation very much. The confusion would be moved onto the street rather than on the property. Entering vehicles have more than adequate turning radii. He recommends the driveway be closed since there is no need for it. Jim Hood. Trucks go in and out each day. The applicant has been the source of numerous calls to them regarding the traffic in that area. By closing the access point, it is going to add more congestion. They are also opposed to the lack of parking to Code. They built their project according to Code and expect others to do the same. He asked the number of parking spaces now provided by the revised plan. Annika Santalahtl, Assistant Director for Zoning. The applicant went from 98 spaces proposed to 91 or 7 spaces fewer with a 1,300 square foot drop in building area. Instead of 13 below Code as originally presented it is now 7 below Code. Paul Singer, Traffic Engineer. Answering Councilwoman Kaywood as to why the second driveway could not remain open, eventually La Palms, along with all the major arterials in the northeast industrial area, will have median islands in order to control the number of turn movements. By leaving that driveway as is, it would serve only right turns with the net effect that rather than vehicles queuing on the site will then be queuing on La Palma. He does not see any useful reason for that driveway. COUNCIL ACTION: Mayor Roth closed the public hearing. Annika Santalahti, Assistant Director for Zoning, confirmed for Councilwoman Kaywood there would be room for more parking if needed. If they converted 25 percent of the spaces to small cars a few could be gained but not five spaces. 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. 660 City Hall, Anaheim, California - COUNCIL MINUTES - Aulust 5~ 1986, 10:00 A.M. Councilman Pickler offered Resolution No. 86R-362 for adoption, reversing the findings of the City Planning Commission and granting Variance No. 3561 subject to all Interdepartmental Committee recommendations. Refer to Resolution Book. RESOLUTION NO. 86R-362: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3561. 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-362 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2784 AND NEGATIVE DECLARATION: APPLICANT: Ada I. Higdon, (Angelo's) 9600 Santa Monica Blvd. Beverly Hills, Ca. 90210 REQUEST/ZONING/LOCATION: To permit a drive-in and drive-through restaurant with on-sale beer and wine and an outdoor eating area on CL zoned property located at 221 North Beach Boulevard, with Code waiver of minimum distance of a drive-through lane. PLANNING COMMISSION ACTION: Resolution No. PC86-148 denied Conditional Use Permit No. 2784; approved EIR - Negative Declaration. HEARING SET ON: Appealed by the applicant. This matter was continued from the meeting of July 22, 1986, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 10, 1986. Posting of property July 11, 1986. Mailin~ to property owners within 300 feet - July 11, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated June 9, 1986. APPLICANT'S STATEMENT: Michelle Reinglass, attorney for the applicant, 3919 Westerly Place, Suite #202, Newport Beach, Ca. 92660. She referred to letter dated August 4, 1986 which she had delivered to the Council (made a part of the record). She apologized for the time delay but has been involved in a trial which is in special recess to accommodate the subject public hearing. She has requested a number of documents under the Public Records Act from various agencies both within the City of Anaheim and the County of Orange and has not received, in a 661 City Hall, Anaheim, California - COUNClL MINUTES - August 5~ 1986, 10:00 A.M. timely manner or at all, many of the documents requested, specifically documents from the Department of Planning and Zoning and Code Enforcement. Mayor Roth. The public hearing was legally advertised and scheduled for July 22, 1986 and continued from that date to August 5, 1986 as requested by the applicant's attorney. At that time, there were people in the Chamber audience who wanted to testify. However, a continuance was granted but with the provision that the hearing would be held on August 5, 1986 and that the public could expect to be heard at that scheduled hearing. Michelle Reinglass. She understands but it was a matter of prejudice to the applicant. She did not have a complete opportunity to obtain everything she needed before this hearing. Councilman Bay. What was not mentioned in the requests for continuances was an offer to cease and desist the operation so cited by the City during the time of the continuances so the question of motivation for continuances then arises. Councilman Overholt. Ms. Reinglass indicated she had requested certain documents from the Planning Department and did not receive them. In her letter she indicated she is entitled to that information and it was denied to her. He asked the City Attorney if he was aware of any denial of any information and if so, whether the Planning Department was Justified in denying it. City Attorney, Jack White. He is not personally aware or familiar with the request or denial of any information. It would not be his intention or recommendation to any staff that public records the City was required by law to be disclosed to the public be withheld. There are records sometimes requested that the City is justified in not disclosing under the Public Records Act. He is not aware if the records requested fall under that category or not. Councilman 0verholt. He asked Ms. Reinglass if she is willing to proceed at this time even though she claims she has not received certain things she claimed to have demanded and to which she claims to be entitled. Michelle Reinglass. She feels her client would be prejudiced in having to proceed without those documents. She received a letter dated July 16, 1986 from the City indicating their requests for records were forwarded to the City Attorney. Her office has been trying to contact both offices trying to receive the documents. She received a verbal message that the documents were not going to 662 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. be submitted to her late last Friday. She feels strongly that they would be prejudiced. She is prepared otherwise to proceed but is voicing for the record her client would be prejudiced absent those documents. City Attorney Jack White. It is his information that Hr. Poole, The City's Code Enforcement Officer, has been attempting to contact Ms. Reinglass to tell her that the records are available if she wished to come in and inspect them in the City Offices. The only records the City would not make available, as it does not routinely, is the name or names of complaining witnesses on Code violations and the investigatory file in pending criminal cases. John Poole, Code Enforcement Supervisor. He has talked to Ms. Reinglass's secretary on several occasions and told her that all records are available for someone to come in and make copies. The investigative files and complainants are not available as with any other case. He confirmed the request was made approximately two weeks ago and had further communications with her approximately one week ago. No one from Ms. Reinglass's office has been in his office to look at those records during that two-week period. Michelle Reinglass. She is at a disadvantage since she has been engaged in a trial. Her secretaries have been involved in the communication and every evening upon returning to her office requested that follow-up be made on the following day. From July 29 or July 30, 1986, nobody has been available to come down to the City offices. They do not have the documents. They have not had any response as to which documents they would be able to see vs. those they would not be able to see. John Poole. The procedure has been that on any requested information, the requestor comes down to City offices, and reviews the files. Copies are made of the documents in which the requestor is interested and they are charged accordingly. They do not know what information is being sought and several files would have to otherwise be copied. Councilman Overholt. He suggested that the Council proceed with the hearing. Michelle Reinglass. She has not withdrawn her comments or objections in holding the hearing. The drive-in drive-thru restaurant has been operating in exactly the same manner as in the past 10 to 15 years. It has changed hands several times and previously operated as Douglas Burgers, also known as Douglas Drive-in and Zono's Burgers and Zono's Burgers as a drive-in. It was not called 663 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. into question until purchased and leased by the applicant, Angelo's Restaurant. Before they were even in operation when they took over the premises and started to make numerous repairs to clean it up, a notice of violation was issued for violations including a patio which had not been constructed and on which they were seeking approval at this point in time. Since then they have submitted an application for a CUP for the beer and wine and for the enclosed patio dining area. She has received documents, some from the Orange County Health Care Agency and the Anaheim Police Department, all indicating there was much communication with the predecessors to Angelo's. The records indicate it was a drive-in and there were numerous inspections and visits. She thereupon submitted some of the documents which she had copied to be made a part of the record. Her point in raising the issue is the fact that the governmental agencies involved have been aware for many years that the business was operating as a drive-in, drive-thru restaurant. No change has been made by Angelo's when they took it over. The intended changes under the requested CUP are for beer and wine and the enclosure of the patio dining area. There have been some objections by Ralph's and Sterik Company which is the lessor of the premises to Ralph's. That objection has stemmed from the contentions of groups of people flowing into the parking lot of Ralph's. When Ralph's opens, it will be selling food and also beer and wine. If Angelo's is granted a permit to sell beer and wine it will place them in direct competition with Ralph's. Regarding the crowds, numerous efforts have been made by Angelo's to control the situation. They have erected chains across the access ways to the parking lot, hired security guards from Friday through Sunday, posted signs which have been enforced and are doing their best to keep people away. They have also announced on the PA system to anyone in the lot that they could be held in violation. The number of people in the lot has substantially decreased. Efforts by both Angelo's and law enforcement agencies as well as combined efforts by Ralph's, have almost eliminated the problem. Ralph's still objects to the CUP and there have been some objections by neighbors as to noise emanating from Angelo's. If the beer and wine license is granted, that will contain anyone trying to drink within the premises. The patio will not be accessed directly to the parking lot but rather through the inside of the restaurant. Beer and wine will only be sold to persons who purchase food. It will not contribute to any large crowds of people or congestion. The denial will not have an impact in reducing or eliminating complaints by Ralph's and the neighbors. There is some disparate treatment of Angelo's in the process. The issues of the illegality of the drive-in drive-thru did not come up before Angelo's purchased the business. She has consulted with land use authorities. Criminal action was recently tried against Angelo's for alleged violations out at the State College Boulevard restaurant 664 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. resulting in an acquittal. What is peculiar is that the alleged violations are being treated criminally with respect to Angelo's whereas the common or most standard procedure is by way of civil avenues. The failure to obtain a permit would be another criminal complaint. They are trying to offer a business and satisfy the Council and the City of Anaheim in doing so. COUNCIL CONCERNS: Councilwoman Kaywood. The fact that the City has been tying up 16 police officers at both Angelo's locations is not typical for a business in the City. It is tying up resources which the City cannot afford. It is creating a problem that does not exist anywhere else. It is not Just for monitoring traffic but for loitering, drinking and all kinds of violations that are taking place. It appears now instead of parking on the Ralph's lot, because it is prohibited that patrons of Angelo's are going across Beach Boulevard and parking on the Circuit City lot. Pedestrians darting across Beach Boulevard creates a hazard for everyone. Councilman Roth. He finds it unique that of the many restaurants and drive-ins in the City, only Angelo's has to have security guards. This is a deep concern of the citizens in the area especially the people at State College Boulevard, the residents and the business community. PUBLIC DISCUSSION- IN FAVOR: Dennis Williams, 1919 East Sycamore. He started the original Angelo's on State College Boulevard along with his partner. He is certain the Council is aware of some of the craziness that goes on in the area on first Friday cruise nights. The new location on Beach Boulevard has its problems and Angelo's and its owners recognize it. They have posted signs and hired security in good faith. With reference to State College, 5,000 to 10,000 people come down to the business on the first Friday. Any good businessman would hire and want security. The crowd does overflow and there is a minority of people cited for loitering and consuming alcohol in public. Because of the novelty and nostalgia, it has grown over the years. Due to the popularity of State College, when they opened the Beach Boulevard location, a lot of patrons flowed over to that facility. It has caused some disturbance noise wise to a recreational vehicle park, (not R-l), surrounded by commercial businesses. The real nuisance is the large two to three acres of property vacant next door. Kids can go over there, park their cars and walk over to Angelo's. Steps have been taken to mitigate that problem. They have taken many positive measures to meet everyone's needs. The Police Department frequents Angelo's quite a bit. The majority of the officers who eat there would say it is a nice place to eat. He and his partner are promoters. His background is in 665 City Hall, Anaheim, California - COUNClL MINUTES - August 5, 1986, 10:00 A.M. promotions. He is a restaurant operator but a promoter as well. He would like to get permission to sell beer and wine at his operation on Beach Boulevard contained within the premises. The outside dining area is a good feature for making a successful Angelo's. They are not promoting the idea of bringing alcohol into the area or loitering in the adjacent parking areas. It is a minority of people parking across the street at Circuit City. They are not promoting the problems and are concerned about the problems and have taken measures to mitigate them. Anthony Strammiello, 511 South State College Boulevard. He and Mr. Williams are co-owners of Angelo's. They are asking for beer and wine and a patio and nothing that is out of line. It will help other people on the premises from milling around the parking lot. Before the patio was added at the State College Boulevard location, more people were walking around and hanging around the parking lot. The Alcoholic Beverage Commission requires that all patios be enclosed with only access from inside the building. It gives a great deal of control. To be turned down for a patio along with beer and wine seems out of place considering the numerous operations that have the same thing. They feel Angelo's is being discriminated against much more than the average operation. They have had beer and wine at the State College operation, in Santa Ama and in San Bernardino for about five years. PUBLIC DISCUSSION- IN OPPOSITION: Mary Hamilton, 301 North Beach Boulevard, Anaheim Vacation Park. She has been a resident there for quite a few years and there are a number of people who live there on a permanent basis. There are also many tourists. It is the only park near Knotts Berry Farm. There was never any trouble before Angelo's came in. There has been no change since the last time the matter was heard. The crowd seems to be less because they cannot park in the old Zody's parking lot. They are going across the street, they leave a mess, and they still make noise up until 1:00 a.m. There are loud radios and "zooming" of cars and traffic Jams. Angelo's has not tried to meet with the neighbors. The PA system, when giving orders, is very loud all night long when they are open. With only a little patio fence, people can climb over it. Merla McShea, 311 North Beach Boulevard, Anaheim Vacation Park. She has lived in the park for one year. There has been no improvement in the noisy conditions since the first hearing. The loud music and the PA system continues at all hours. At certain times on weekends, noise is escalated. No conciliatory efforts have been made toward the residents by Angelo's. Cars continue to park across Beach Boulevard on the Circuit City lot. People run across Beach Boulevard halting traffic flow on 666 City Hall, Anaheim, California - COUNCIL MINUTES - August 5~ 1986~ 10:00 A.M. occasions. People also use the wall between Angelo's and the residents park as a ledge for their food containers. Betty Lookabaugh, 311 North Beach Boulevard, Anaheim Vacation Park. She has lived at the park for five years and has lived in the area before that. It has been extremely noisy. The young people now park across the street. When Ralph's opens up they will start parking on that lot again. At the first meeting at the Planning Commission, it was stated it was prostitutes that brought the people in. That is not the case. They never had the crowds until Angelo's arrived with their restaurant. There are too many customers with too little parking. It is a hazardous situation. The Juke Box volume should be lowered. It is dangerous for people to run across Beach Boulevard. The restaurant is fine. There are too many customers for their little area. They should not have beer and wine. SUMMATION BY APPLICANT: Michelle Reinglass. Angelo's has met with the landlord of the neighboring recreational vehicle park in an effort to try and work out the problem. The Juke Box volume can be lowered, and whatever noise level is necessary to be maintained they are amenable to doing. While they are sympathetic to the neighbor's concerns, they are living in an area very much saturated with commercial buildings and businesses. There is going to be noise. Beach Boulevard is a busy thoroughfare. Angelo's is not inviting people to come and drink beer, loiter and do whatever they are doing on the vacant lot. They are not customers of Angelo's. They do not want them any more than anyone else. Angelo's wants to be good neighbors and do whatever they can. They have acted in good faith and are willing to do whatever is necessary to solve the problems. COUNCIL ACTION: Mayor Roth closed the public hearing. Councilman Bay. It is alleged in dealing with Angelo's, staff tends to go to criminal charges rather than civil. He asked for an explanation and if it was a normal function. John Poole, Code Enforcement Supervisor. Their procedure has been when all attempts to get a business or individual to comply fails, they go to the criminal complaint process. That is what they did in this instance. It is done with other businesses in the City. They prosecute a number of businesses each year. Councilman Bay. He asked for an answer from any one of the people living in the City .Hall, Anaheim, California - COUNCIL MINUTES - August 5~ 1986, 10=00 A.M. recreational vehicle park, preferably the resident if before Angelo's became the operator at the subject location, did they experience noise from screeching car wheels, tires, or gatherings of people in those areas prior to Angelo's being there. Mary Hamilton. They experienced nothing like that before Angelo's. She has lived there since 1980. When Angelo's took over, they cleaned it up but what it brought in was "hopped up" cars and the kids congregating there. John Poole, Code Enforcement Supervisor (in answer to questions posed). Cruise nights are still being held at the State College and Beach Boulevard Angelo's restaurants. Last Friday night, cruise night, most of the cars were on the Circuit City parking lot, approximately 50 cars. Problems are primarily on cruise night. It is generally the advertising practice of Angelo's to invite people to participate. It attracts customers to their restaurants one night a month, the first Friday. Saturday night is also generally busy, through the week, it is slower, cruise night and Friday and Saturday nights are generally busy. Recently cars have not been parked on the Zody's lot other than cruise night. His concern relative to that lot is how cars will be controlled once Ralph's is in operation, i.e., which are patrons of Ralph's and which are patrons of Angelo's. On Saturday nights they have seen cars parked on the Circuit City lot associated with Angelo's. Relative to the time spent by his Department on Angelo's, at the State College location they have been involved in two prosecutions. They have officers work each cruise night to enforce the Municipal Code in both locations. For the past two years they have had a staff of three officers in conjunction with the Police Department. The Police Department sets up a traffic monitoring post and at least a dozen officers are present on many cruise nights. It is not something requested by Angelo's but done in response to citizen complaints at the expense of the taxpayers of the City. Cruise night i~ the worst problem. Throughout the weekend there are other problems but cruise night is the primary problem. ENVIRONMENTAL IMPACT RI~PORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council denied 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 substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler offered Resolution No. 86R-363 for adoption, denying Conditional Use Permit No. 2784, upholding the findings of the City Planning Commission. Refer to Resolution Book. 668 City Hall, Anaheim, California - COUNCIL MINUTES - August 5~ 1986, 10:00 A.M. RESOLUTION NO. 86R-363: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2784. 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-363 duly passed and adopted. 129: PUBLIC HEARING - 1985/1986 WEED ABATEMENT ROLL: To receive a report from the Fire Chief on the cost of abatement of weeds for each individual lot where work was performed under the 1985/1986 Weed Abatement Program and to hear any objections from property owners liable to be assessed for the abatement. Submitted was report dated July 15, 1986 from the Fire Marshal, Fire Prevention Bureau, recommending that the Council accept the written report of the Fire Chief regarding the cost of weed abatement incurred during the 1985/1986 Weed Abatement with Edwin Webber to be submitted to the County Assessor's Office. Mayor Roth opened the public hearing for the purpose of hearing any objections from property owners liable to be assessed for the abatement. There were no objections. Councilwoman Kaywood moved that there were no objections received from property owners liable to be assessed for the cost of weed abatement. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 86R-364, confirming the report of the Fire Chief and authorizing the County Auditor to enter each assessment on the County tax rolls total charges 326,237.85. Refer to Resolution Book. RESOLUTION NO. 86R-364: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRM_ING THEW RITTENREPORT OF THE FIRE CHIEF REGAR/)ING THE COST OF WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCILMEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-364 duly passed and adopted. RECESS: By general consent, the Council recessed for five minutes. (3:14 p.m.) AFTER RECESS: being present. The Mayor called the meeting to order, all Council Members (3:20 p.m.) 669 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2812 AND NEGATIVE DECLARATION: APPLICANT: Richard L. Muckenthaler, L. A. Muckenthaler Trust 1318 West Katella Avenue Anaheim, Ca. 92802 REQUEST/ZONING/LOCATION: To permit a transmission repair facility on CL zoned property located at 1601 West Crescent Avenue, with Code waiver of minimum landscaped setback area. PLANNING COMMISSION ACTION: Resolution No. PC865-176 granted Conditional Use Permit No. 2812 for two years, to expire June 23, 1988, approved EIR - Negative Declaration. HEARING SET ON: Review requested by Councilman Pickler at the meeting of July 15, 1986. PUBLIC NOTICE EEQUIP, EMENTS MET BY: Publication in Anaheim Bulletin July 25, 1986. Posting of property July 25, 1986. Mailing to property owners within 300 feet - July 25, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated June 23, 1986. COUNCIL CONCERNS: Councilman Pickler. The subject area is located across the street from an elementary school and a shopping center. It is next to an apartment complex and close to the Post Office and YMCA. He is concerned about a proposed transmission facility being located on the property and cars being parked on that lot. The Planning Commission stipulated that no cars be parked outside. APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED: MarilynBolcer, 1530 Valencia Drive, Fullerton. Her parents have owned the property since 1942. The property is mow held ia trust. It was a service station A & D Rental for approximately 10 years. They asked for a 5-year use. The Planning Commission granted 2 years. It will be a small 3-man operation. Anaheim Plaza is under new ownership and is improving the area. The Muckenthaler Trust is thinking of the value of their property. They want to lease it for 5 years and eventually sell it. Their intent is to come back in 2 years and get approval for an additional 3 years. It is also a requirement that the driveway have a 10-foot radius curb. They would like to have a waiver of that requirement. They would like the driveways to remain as they are until the property is sold. Her family originally dedicated the property, installed the sidewalks and made the other necessary improvements. To change the radius on the driveways will cost approximately $4,200. She does not know if there are plans to store any cars on the property at night. 670 City Hall, A-~heim, California - COUNCIL MINUTES - August 5~ 1986, 10:00 A.M. Young Soon Lee, 23312 Ravenna Avenue, Carson, agent. A transmission shop is inside work. They cannot work on the outside even at nighttime. There will be no outdoor parking at all, night or day. They anticipate storing five cars inside. There are three bays and three hoists. They presently have a transmission repair business in Hawaiian Gardens. This would be a new business. Councilman Pickler. He does not feel a transmission repair facility belongs in that location. Instead of enhancing the area, it will be detrimental to it. Councilwoman Kaywood. She is concerned that the applicant is intending to request approval for five years. The area is being upgraded and a transmission business is not an upgrade. Anyone looking to invest large sums of money would not be wanting a transmission repair facility in that location. She would not be able to approve a transmission shop. PUBLIC DISCUSSION- IN FAVOK: Carol Muckenthaler, 1318 West Katella. The issue came up at the Planning Commission hearing. She was not clear what the City's objection would be to an auto maintenance facility. The Broadway is able to have one with a much larger facility and there is no objection. Every night there are a number of cars sitting on the Broadway shopping center lot and there does not seem to be any objection by the neighborhood to that. Councilwoman Kaywood. The Broadway has recently closed their auto maintenance facility. That facility was within the shopping center area. Councilman 0verholt. He works within 500 feet of the location and also lives nearby. If he was on the Council when the apartment project came before the City, he would not have approved it. He feels that is a commercial area and should have remained commercial. What the applicant has retained is a very sensitive parcel in the development of the City. There are plans for the area. The problem is putting the type of use proposed on that parcel at this time. It is necessary to be certain that the use does not impede the progress of what many consider to be Anaheim's regional shopping center. A transmission repair facility, it would seem to him is going to downgrade or impede the proper development of the area. Joan Dunaway, 2925 Puente Street, Fullerton. The facility can contain five automobiles. None will be on the 671 City Hall, Anaheim, California - COUNCIL MINUTES - August 5~ 1986, 10:00 A.M. outside of the property. Inside there will be three hoists plus two additional cars. It would not be objectionable to look at. PUBLIC DISCUSSION- IN OPPOSITION: Steve Naval, representing Price Development and California State Teachers Retirement Association referred to as Anaheim Plaza Joint Venture, 500 North Euclid Street, Anaheim. He voiced his objection to the proposed use at the Planning Commission hearing. Since he has been at the Plaza the subject property, in his opinion, has always been an eyesore. There has not been much effort to take care of the location. With the plans Price Development is presently working on, it will vastly improve the center and the entire area. They are dealing with major developers and talking about millions of dollars. Regardless of whether the facility can be maintained properly, he does not know if it is the kind of use they want to see in that area with the growth and development planned. He confirmed the Broadway has closed the automobile repair shop because the tire, battery and accessory business does not fit in the plans for the center. Diane Hollou, General Manager, Robinson's, 530 North Euclid, Anaheim. Robinson's has been under negotiation with Price Development for approximately one year with regard to completely renovating their store and upgrading it. She is concerned that a transmission shop will not adhere to what customers have expressed to them in upgrading the center as well as the facilities around the center. SUMMATION BY APPLICANT: Marilyu Bolcer. There will be no changes to the existing building. Relative to the landscaping, the planter box has been repaired and the sprinkler system is in. Thus, there has been an improvement on the property already. COUNCIL ACTION: Mayor Roth closed the public hearing. Councilman Pickler moved to disapprove the negative declaration from the requirement to file an Environmental Impact Report on the basis that there would be significant individual or cumulative adverse Environmental Impact involved in the proposal. Councilwoman Kaywood seconded the motion. Before a vote was taken, Jack White, City Attorney, clarified if the EIR is denied, the only action would be to deny the permit; Councilman Bay stated he did not believe there was anything wrong with the EIR finding as approved by the Planning Commission. 672 City Hall, Anaheim, California - COUNCIL MINUTES - August 5, 1986, 10:00 A.M. A vote was then taken on the foregoing motion and failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood and Pickler Overholt, Bay and Roth None 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. MOTION CARRIED. Councilman Pickler offered Resolution No. 86R-365 for adoption, denying Conditional Use Permit No. 2812, reversing the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 86R-365: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2812. Before a vote was taken, Councilman Overholt stated a transmission repair shop at that location for even two years is not a use that is going to be compatible with what is happening in the area. Councilwoman Kaywood. She is concerned the applicant is not satisfied with the two-year approval and would be looking to renew for three more years or a total of five years. Councilman Roth. Mr. Naval reported that the area is going to be upgraded. so, the corner will become much more valuable. If A vote was then taken on the foregoing resolution: 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-365 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2814 AND NEGATIVE DECLARATION: APPLICANT: D and D Development Co., (Raffle's Hotel) 711 East Imperial Highway Brea, Ca. 92621 673 City Hall, Anaheim, California - C0UNClLMINUTES - August 5, 1986, 10:00 A.M. REQUEST/ZONING/LOCATION: To permit on-sale alcoholic beverages in an existing hotel clubhouse on CE zoned property located at 2040 South Harbor Boulevard, with Code waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC86-178 granted Conditional Use Permit No. 2814, approved EIR - negative declaration. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of July 15, 1986. PUBLIC NOTICE REQUI~TS MET BY: Publication in Anaheim Bulletin July 25, 1986. Posting of property July 25, 1986. Mailing to property owners within 300 feet - July 25, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated June 23, 1986. COUNCIL CONCERNS: Councilwoman Kaywood. The concept is a new and different one and she has concerns with it. She wanted to know if food was going to be served or just alcohol. APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED: Camille Courtney, D & D Development. It is a new innovation. They are offering happy hour to the guests of the hotel only from 5 p.m. to 7 p.m. In order to receive a complimentary cocktail, the person must show proof of registration in the form of a room key. No food will be served, just one cocktail. The club house is on the premises of the hotel. It is a small area where they serve their complimentary continental breakfast each morning. It will be in the same location and supervised by hotel personnel. If a person cannot prove they are a guest of the hotel, they will be asked to leave. They will not be sold a drink in that case. The license they must receive from the Alcoholic Beverage Commission will be an on-sale license. The ABC is preparing new licensing standards and regulations for the exact use being proposed. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council approved the negative declaration upon finding that it has considered the negative declaration 674 Cit? Hall, Anaheim, California - COUNCIL MINUTES - August 5~ 1986, 10:00 A.M. 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. Councilman Bay offered Resolution No. 86R-366 for adoption, granting Conditional Use Permit No. 2814. Refer to Resolution Book. RESOLUTION NO. 86R-366: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2814. 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-366 duly passed and adopted. Before concluding the meeting, Mayor Roth asked if anyone was present to speak to the proposed Code Amendment which will permit church use in the Canyon Industrial Area on a temporary basis. If so, he invited them to speak; no one was present to speak. Any member of the public will have an opportunity to speak to the issue at the Council meeting of Tuesday, August 12, 1986 at 10:00 a.m. at the scheduled second reading of the proposed ordinance. ADJOURNMENT: Councilman Roth moved to adjourn. the motion. MOTION CARRIED. (3:58 p.m.) LEONORA N. SOHL, CITY CLERK Councilman Pickler seconded 675