1986/08/26City Hall, Anaheim, California - COUNCIL MINUTES - August 26, 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 0. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
CODE ENFORCEMENT SUPERVISOR: John Poole
ASSISTANT GENERAL MANAGER - MANAGEMENT SERVICES: Darrell Ament
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Tim Van Heest, Anaheim Hills Community Church, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood 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 and presented to Police Explorer
Post #174, for 23 years of service to Anaheim Police Department and residents.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Richard "Rick"
Martinez, Post Advisor, Anaheim Police Explorers, for his outstanding
commitment and accomplishments.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting ~eld August 5, 1986. Councilman Pickier 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 $2,424,320.01, 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
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
713
City Hall, Anaheim, California - COUNCIL MINUTES - August 26~ 1986~ 10:00 A.M.
offered Resolution Nos. 86R-378 through 86R-380, both inclusive, for
adoption. Refer to Resolution Book. Councilwoman Kay~ood offered Ordinance
Nos. 4755 and 4756 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 Andy H. Grinstead for property damage sustained
purportedly due to actions of the City on or about May 16, 1986.
b. Claim submitted by Rauf Chammas for property damage sustained
purportedly due to actions of the City on or about June 21, 1986.
c. Claim submitted by Ray H. Phillips for bodily injury sustained
purportedly due to actions of the City on or about June 16, 1986.
d. Claim submitted by Greg Morton for bodily injury sustained purportedly
due to actions of the City on or about April 18, 1986.
e. Claim submitted by Michael W. Shoup for bodily injury sustained
purportedly due to actions of the City on or about June 9, 1986.
f. Claim submitted by Pacific Bell (H.A. Roach) for property damage
sustained purportedly due to actions of the City on or about April 30, 1986.
g. Claim submitted by Walter Jennings for property damage sustained
purportedly due to actions of the City on or about July 5, 1986.
2. 177: Authorizing the Mayor to execute a letter of endorsement for 1,874
units under the Section 8 "Existing" Housing Assistance Payments Program.
3. 106/169: Authorizing the deletion of $377,000 SB 300 funds from Program
No. 793, 1986-8'7 R.A.P. for Euclid Street rehabilitation; and adding $230,000
SB 300 funds to Program No. 793, 1986-87 R.A.P. for La Palma Avenue, Route 57
to Sunkist Street and $147,000 SB 300 funds to Program 793, 1986-87 R.A.P. for
La PalmaAvenue, Magnolia Avenue to West City limit for rehabilitating and
resurfacing the pavement.
4. 123: Authorizing an Amendment to Sublease Agreement with the Center for
Employment Training for Orange County reducing the rental area at Trident
Community Center and the rental charges by $6,921.66 for the period August 16,
1986 to January 14, 1987.
5. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corporation in the
amount of $60,818.76 for Distribution System Engineering software and hardware.
6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corporation in the
amount of $63,811.76 for electronic radio equipment at Lewis Substation.
714
City Hall, Anaheim~ California - COUNCIL MINUTES - August 26, 1986~ .10:00 A.M.
7. 175: RESOLUTION NO. 86R-378: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Sharp Substation
Expansion, Account No. 55-655-6329-05952; and opening of bids on September 25,
1986, 2:00 p.m.)
8. 159: RESOLUTION NO. 86R-379: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTIONAND COMPLETION OF A PUBLIC WORK. (Barrier Free
Anaheim No. 11, barrier removal in area bound by East City Limit, Riverside
Freeway, Orange Freeway and South Street, Account No. 17-793-6325-E3150; and
opening of bids on September 25, 1986, 2:00 p.m.)
9. 158: RESOLUTION NO. 86R-380: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAItEIMACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. (R/W No. 3500-29)
10. 171/142: ORDINANCE NO. 4755: (URGENCY) AN ORDINANCE OF THE CITY OF
ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR
1986/87, DECLARING THAT THIS ORDINANCE SHAIJ, TAKE EFFECT IMMEDIATELY.
171/142: ORDINANCE NO. 4756: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND
LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE
LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1986/87.
Roll Call Vote on Resolution Nos. 86R-376 through 86R-380:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution Nos. 86R-376 through 86R-380, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 4755:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, 0verholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4755 duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
175: ELECTRIC RATES~ RULES AND REGULATIONS - REVISIONS: Public Utilities
Board recommendation to amend the rates, rules and regulations for the sale
and distribution of electric energy, as adopted by Resolution No. 7LR-478 and
most recently amended by Resolution No. 86R-037, was submitted.
At the request of Mayor Roth, Public Utilities Assistant General Manager
Darrell L. Ament briefly highlighted the background of the recommendation.
715
He
City Hall, Anaheim, California - COUNCIL MINUTES - August 26~ 1986~ 10:00 A.M.
reported that on August 27, 1986, the Public Utilities Board held a hearing
and recommended that, in accordance with the City's Rate Stabilization Policy,
the rate of transfer from the Rate Stabilization Account to the Electric
Utilities Operating Fund be decreased from .4896 per kilowatt-hour to .3226
per kilowatt-hour. This was the essence of the recommendation.
Mr. Ament explained for Councilman Bay that the City did have litigation for
possible refunds pending; however, it could be one to two years, or more,
before the amounts of potential refunds would be known. No increase in rates
was anticipated at this time.
Councilman Pickler offered Resolution No. 86R-381 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 86R-381: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO.
711{-478 AND MOST RECENTLY AMENDED BY CITY COUNCIL RESOLUTION NO. 86R-037.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held August 4, 1986, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2805: Submitted by Richard G. and Barbara L.
Saylor, to permit a bed and breakfast inn on RM-2400 zoned property located at
804 West Broadway.
The applicant withdrew his application.
2. CONDITIONAL USE PERMIT NO. 2820 (READV.): Submitted by Gutab and Laiwanti
Kanal, to permit an animal hospital on CL zoned property located at 625 South
Harbor Boulevard, with Code waivers of minimum dimension of vehicle
accessways, minimum number of parking spaces and required trash enclosure.
The applicant withdrew his application.
3. GENERAL pr,AN AMENDMENT NO. 213 (RFADV.), RECLASSIFICATION NO. 85-86-33
(READY.) AND VAi~ANCE NO. 3568 (READV.): Submitted by Claudia Kinne, et al,
to consider amendment to the Land Use Element o~ the Ceneral Plan to conmider
alternative proposal of land use from the current general industrial
designations to the general commercial designation, a change in zone from ML
to CL, to expand retail uses in an existing retail/warehouse building on
property located at 509 East Katella, with Code waivers of minimum number of
parking spaces and minimum landscaped area to expand retail uses in an
existing retail/warehouse building.
The City Planning Commission approved General Plan Amendment No. 213 (Ready.),
Reclassification No. 85-86-33 and Variance No. 3568 (Ready.), and a public
hearing is scheduled to be held by the City Council on September 9, 1986.
4. CONDITIONAL USE PERMIT NO. 2767: Submitted by Robert C. and Lois Stovall,
Stovall Inn/Best Western, to permit a non-ferrous metal recycling facility
716
Cit7 Hall, Anaheim, California - COUNCIL MINUTES - August 26, 1986, 10:00 A.M.
with outdoor storage on RS-7200 zoned property located at 1160 North Tustin
Avenue, with Code waiver of minimum number of required parking spaces.
The City Planning Commission, pursuant to Resolution No. PC86-206, granted
Conditional Use Permit No. 2767, to expire February 4, 1987, and granted a
negative declaration status.
5. RECLASSIFICATION NO. 86-87-2: Submitted by Gene L. Felling, for a change
in zone from RM-1200 to RS-7200, on property located at 2220 South Loara
Street.
The applicant withdrew his application.
6. CONDITIONAL USE PERMIT NO. 2829: Submitted by Magnolia Baptist Church, to
permit a pre-school elementary school in conjunction with an existing church
on RS-A-43,000 zoned property located at 820 South Magnolia Avenue, with Code
waivers of minimum number of parking spaces and maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC86-208, granted
Conditional Use Permit No. 2829, and granted a negative declaration status.
7. CONDITIONAL USE PERMIT NO. 2830: Submitted by Lonnie Dunn III, to permit
industrially-related office uses in a proposed 3-story building on ML zoned
property located at 2130 South State College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC85-209, granted
Conditional Use Permit No. 2830, and granted a negative declaration status.
8. CONDITIONAL USE PERMIT NO. 2831: Submitted by Bradmore Realty Investment
Company, to permit an automobile storage and wholesale sales lot with a
temporary trailer and outdoor automobile repair and carwash on ML zoned
property located at 280 East Palais Road, with the following Code waivers:
(a) prohibited outdoor uses, (b) required enclosure of outdoor uses (in part),
(c) required trash enclosure (denied).
The City Planning Commission, pursuant to Resolution No. PC86-210, granted in
part, Conditional Use Permit No. 2831, to expire August 4, 1987, and granted a
negative declaration status.
9. RECLASSIFICATION NO. 84-85-33--RESOLUTION NO. PC85-119: Submitted by
Planning Commission Secretary, request to amend Resolution No. PC85-119, nunc
pro tunc, granting Reclassification No. 84-85-33, deleting Condition No. 5.
The City Planning Commission, pursuant to Resolution No. PC86-212, amended
Reclassification No. 84-85-33 -- Resolution No. PC85-119.
10. CLAKIFICATION OF BOUNDARIES OF GENERAL PLAN STUDY: Submitted by Planning
Staff, requesting clarification of the boundaries of the General Plan Study
adjacent to the west side of Anaheim Hills Road between Nohl Ranch Road and
Santa Ana Canyon Road.
The City Planning Commission approved inclusion of Areas A, B and C in the
Clarification of Boundaries of General Plan Study.
717
City H~!!, Anmheim~ California - COUNCIL MINUTES - August 26~ 1986, 10:00 A.M.
11. CONDITIONAL USE PERMIT NO. 2802: Submitted by Munkyo Cho and Hyon Sun
Cho, to retain an auto towing, impound and repair facility on ML zoned
property located at 806 North Brookhurst Street, with the following Code
waivers: (a) minimum structural setback and minimum yard, (b) minimum
dimensions of parking spaces (deleted), (c) minimum number and type of parking
spaces.
The City Planning Commission, pursuant to Resolution No. PC85-207, granted in
part, Conditional Use Permit No. 2802, and granted a negative declaration
status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
12. CONDITIONAL USE PERMIT NO. 2833: Submitted by Eric T. and Dolores Y.
Erickson, to permit an automotive service facility on CL zoned property
located on the southwest corner of Orange Avenue and WestermAvenue, with Code
waivers of minimum number of required parking spaces (denied) and minimum
landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC86-211, granted in
part, Conditional Use Permit No. 2833, and granted a negative declaration
status.
A review of the Planning Commission's decision was requested by Councilman
Pickler and, therefore, a public hearing would be scheduled at a later date.
End of Planning Commission Information Items. MOTION CARRIED.
179: CODE AMENDMENT - ADDITIONAL USES FOR CONDITIONAL USES IN ML ZONE:
Requested was submitted by Frank A. Lowry, Jr., of Farano & Kieviet,
Attorneys, to consider amendment to the Anaheim Municipal Code for the
inclusion of retail and wholesale carpet and petroleum-based floor coverings
as a conditional use in the }fL Zone.
The City Planning Commission recommended that the Zoning Code be amended to
allow subject use as a conditional use in the Industrial Zone, excluding the
Anaheim Canyon Industrial Area.
Councilman Roth moved that the City Attorney be instructed to prepare the
amendment as recommended.
City Council discussion ensued, and Mr. Lowry came forward to answer
questions. He stated that although carpet and other floor covering sales were
a retail use by definition, these products were supplied in large bulk and
were, therefore, extremely difficult to properly display and to store. The
character of the business was not strictly a normal retail operation.
Responding to additional questioning by Council Members, Mr. Lowry stated that
his clients, West Coast Carpets, would not request permission to display flags
and banners, nor paint signs on the windows, for advertising purposes. The
facility would employ between ten and fifteen persons.
718
Cit7 Hall, Anaheim, California - COUNCIL MINUTES - August 26, 1986, 10:00 A.M.
Annika Santalahti, Assistant Director for Zoning, pointed out that flags and
banners are not allowed in the industrial zone.
Councilwoman Kaywood expressed her concern that the industrial areas should
remain for industrial usage, and not be infiltrated with commercial retail
uses.
Councilman Roth restated his motion directing the City Attorney to prepare the
amendment as proposed. Councilman Pickler seconded the motion. Councilwoman
Kaywood voted no. MOTION CARRIED.
108/142: ORDINANCE NO. 4725 - PROPOSED RESOLUTION: Amending Section
14.32.310 of the Code relating to vending from vehicles. This matter was
continued from June 17, July 1, 8 and 22, 1986, to this date.
Also scheduled for consideration was a related resolution establishing Permit
Application and appeal fees pursuant to Section 14.32.310 of the Anaheim
Municipal Code.
On motion by Councilman Roth, seconded by Councilman Overholt, final adoption
of Ordinance No. 4725 and consideration of the proposed resolution were
continued to two weeks (September 9, 1986) for input from staff pertaining to
recommendations recently submitted by the Anaheim Chamber of Commerce. MOTION
CARRIED.
179: REHEARING REQUEST - CONDITIONAL USE PERMIT NO. 2756: 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 on RS-A-43,000 zoned
property located at 3200 East Frontera Road (denied by Council on July 15,
1986, Res. 86R-335) was submitted and continued from the meeting of August 5,
1986.
Councilman Roth moved that subject request be continued one week (September 2,
1986), to be considered in conjunction with a scheduled public hearing on
Conditional Use Permit Nos. 1703 and 2525.
Floyd L. Farano, Attorney representing the petitioner, was present and
indicated his concurrence with the one-week continuance. Councilman Bay
seconded the motion. MOTION CARRIED.
169/142: ORDINANCE NO. 4748: Councilman Pickler offered Ordinance No. 4748
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4748: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
17.08.433 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO BENEFIT DISTRICTS.
Roll Call Vote:
719
City Hall, AnAheim, C-l~fornia - COUNCIL MINUTES - August 26~ 1986, 10:00 A.M.
AYES: COUNCIL MEMBERS: Kaywood, 0verholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 4748 duly passed and adopted.
132/142: ORDINANCE NO. 4749: Councilman Roth offered Ordinance No. 4749 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4749: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.060 OF SECTION 10.10.10 AND SUBSECTION .030 OF SECTION 10.10.30 OF CHAPTER
10.10 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO WASTE COLLECTION
AND DISPOSAL.
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. 4749 duly passed and adopted.
132/142: ORDINANCE NO. 4750: Councilman Both offered Ordinance No. 4750 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4750: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
10.10.020 OF CHAPTER 10.10 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO COLLECTION AND DISPOSAL OF SOLID WASTE.
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. 4750 duly passed and adopted.
179: ORDINANCE NOS. 4751 THROUGH 4754: Councilman Roth offered Ordinance
Nos. 4751 through 4754, both inclusive for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4751: 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. 67-68-68(6), RM-1200, 1224, 1228 and 1236 East La
Palma Avenue)
ORDINANCE NO. 4752: 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. 67-68-68(5), RM-1200, 1280 East La Palma Avenue)
ORDINANCE NO. 4753: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
720
City Hall, Anaheim, California - COUNCIL MINUTES - August 26, 1986~ 10:00 A.M.
(Amending Title 18, Reclass. 85-85-18, RM-1200, north side of Lincoln Avenue,
east of Magnolia Avenue)
ORDINANCE NO. 4754: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFF2d~ED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 65-66-24(33), ML, 4150 East La Palma Avenue)
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. 4751 through 4754, both inclusive, duly
passed and adopted.
179: ORDINANCE NO. 4757: Councilman Bay offered Ordinance No. 4757 for first
reading.
ORDINANCE NO. 4757: 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. 73-74-28 RS-HS-22,000(SC))
179: ORDINANCE NO. 4758: Councilman Bay offered Ordinance No. 4758 for first
reading.
ORDINANCE NO. 4758: 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. 84-85-28 CO(SC) commercial office and
professional zone)
114/173: I.C.A.A. MEMBERSHIP - CITY OF IRVINE: Councilman Pickler moved that
the Anaheim City Council take a position in favor of the City of Irvine's
proposed membership and service on the Inter-County Airport Authority.
Councilman Roth seconded the motion. MOTION CARRIED.
123: CANYON PLAZA SHOPPING CENTER ACCESS: Mayor Roth recalled that
discussion had been held with Harry Rinker, property owner at Canyon Plaza
Shopping Center, during a meeting approximately two years ago, and Mr. Rtnker
was to work towards making improvements relative to ingress and egress to the
shopping center, located at the northeast corner of Imperial Highway and Santa
Ama Canyon Road.
One of the major problems was that the deceleration lane on Santa Aha Canyon
Road was not long enough and should be extended. The Mayor thereupon
requested a report from the Traffic Engineer on the status of the proposed
improvements.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held to confer with the City Attorney regarding:
721
City Hall, Amaheim} C-3ifornia - COUNCIL MINUTES - August 26} 1986~ 10:00 A.M.
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; Ann Dominici vs. City
of Anaheim, Orange County Superior Court Case No. 39-46-49; Jane
Tipton vs. City of Anaheim, Orange County Superior Court Case No.
37-51-07; Ann Marie Vigil vs. City of Anaheim, Orange County Superior
Court Case No. 39-38-61.
b. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b) (1).
MOTION: Councilman Roth moved to recess into Closed Session and a lunch
break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:00 a.m.)
AFTER RECESS: Mayor Roth called the meeting to order, all Council Members
being present. (1:30 p.m.).
179: PUBLIC WEAR~NG - CONDITIONAL USE PERMIT NO. 2821 AND NEGATIVE
DECLARATION:
APPLICANT: Henry and Chantana Lew
2224 Spinnaker Street
Anaheim, Ca. 92802
ZONING/LOCATION/REQUEST: RS-7200 zoned property located at 2224 Spinnaker
Street/to permit a board and care facility for up to 12 adults.
PLANNING COMMISSION ACTION: Denied by the Planning Commission (PC86-183).
HEARING SET ON:
Appeal by the applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 15, 1986
Posting of property August 15, 1986
Mailing to property owners within 300 feet - August 15, 1986
PLANNING STAFF INPUT:
See Staff Report dated July 7~ 1986.
APPLICANT'S
STATEMENT:
Reverend Yeo, 1534 South Center Street, Santa Aha spoke on
behalf of Mr. and Mrs. Lew.
He noted that most of the neighbors did not agree with the
second story construction originally proposed, consequently the
Lew's have revised their plans to build a smaller ground floor
addition of one bath and three bedrooms, which will allow them
to accommodate two additional clients. Originally the CUP was
requested to allow a total of 12 clients, they now propose, with
the smaller expansion plans, a total of 8 clients. One of the
new bedrooms would accommodate the new clients, a second bedroom
is to be used for a relative (mother-in-law) moving from
overseas and the third room will be used as an isolation space
for any clients who become ill. 722
Hall, Anaheim, California - COUNCIL MINUTES - August 26~ 1986, 10:00 A.M.
Reverend Yeo described the history of Mr. and Mrs. Lew's move to
the United States and eventual citizenship. He also noted that
the Quality Assurance Committee interviewed Mrs. Lew and
observed her operation. She received a very high score (592.5
out of 625 perfect score) which indicates that the operation and
maintenance of her facility is well beyond required standards.
Keverend Yeo explained that the clients are not supervised at
this facility for 24 hours, but attend handicrafts or go to work
during the day.
PUBLIC DISCUSSION:
IN FAVOR: Bailey Fisher, 4215 West Chapman.
He walks in this area often and has never seen anything out of
the ordinary.
Margaret Kaiserman, 2121 Mountain View Avenue, Anaheim.
She indicated she has visited the home and was impressed with
how quiet and well run the facility is. Noting that the
neighbors objected to 12 clients, she was of the opinion that an
additional two would not create a great impact.
OPPOSED:
Cliff Rothrock, 2161 South Spinnaker Street.
Indicated that his opposition has nothing to do with Mrs. Lew,
whom he feels is a fine lady who does an excellent Job on upkeep
of the grounds and of her property, and has no problem with the
way the home is operated at present. He objects to expanding
the use as it is a commercial operation in a residential area.
He pointed out that the area residents are concerned about
additional traffic, especially coming from the north. He
submitted a petition containing 83 signatures of area residents
in opposition.
Jack Pierce, 2130 South Spinnaker Street.
Opposed on the grounds that (1) this is a single family
residential community, prices of the homes exceed 3100,000, amd
the homeowners purchased here to raise families and in
anticipation of a certain lifestyle; (2) that this is a business
in an area not zoned for business; (3) there is a profit for the
owners at an inconvenience for others. He wants to feel secure
in that his children can play in the front yards without risk to
their health or safety.
Carolyn Miller, 2151 South Spinnaker.
Related that she circulated petitions and the majority of people
think that the six clients are fine, but don't want it to go
higher than that figure.
Richard Lopez, 2140 South Nautical.
Objected to this as it is a business in a residential
neighborhood. The neighborhood is stable and he wishes it to
723
City Hal!, Anaheim, California - COUNCIL MINUTES - August 26~ 1986, 10:00 A.M.
remain that way. He stated these clients do walk through the
neighborhood and do objectionable things.
Fran Garrity, 2160 South Spinnaker Street.
Noted that the neighbors have for many years strived to preserve
the neighborhood as is. She is concerned that a CUP to allow 8
clients would Just be the beginning for further requests. She
is not opposed to the revised one-story expansion if it does not
increase the number of clients.
William Niebala, 2218 So. Spinnaker.
He voiced the opinion that the home and property are just not
large enough for what Mrs. Lewwishes to accomplish. He further
objects because Mrs. Lew's clients stare over the wall into his
yard.
EXHIBITS, MATERIALS SUBMITTED:
Petitions in opposition (3 pages) containing approximately 83
signatures.
Letter circulated by Creator Home Care indicating no opposition
to the one-story extension with 8 clients (5 pages) and
containing approximately 123 signatures.
FINAL SUMMATION BY APPLICANT:
Reverend Yeo summarized that Mrs. Lew would not add anymore than
eight clients, that she is at a break-even point with six, and
the two additional clients would give her some income.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Bay.
State programs such as this which allow non-residential uses and
encroach upon the rights of property owners are of concern to
him. He views the requests to the City Council for protection
from the area homeowners under the zoning code their right.
Mayor Roth.
Although home care facilities such as this one are necessary, he
agreed that the citizens have the right to expect protection
from the City Council.
Councilwoman Kaywood.
Agreed that there is a great need for such homes, but these
should not be instituted at the expense of people who have
bought their homes in the neighborhood.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
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
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City Hall, Anaheim, California - COUNCIL MINUTES - August 26~ 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-382 for adoption, upholding the
findings of the City Planning Commission, and denying Conditional Use Permit
No. 2821. Refer to Resolution Book.
RESOLUTION NO. 86R-382: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2821.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, 0verholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution No. 86R-382 duly passed and adopted.
RECESS: By general consensus, the City Council took a five minute break.
(2:50 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (2:55 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2818 AND NEGATIVE
DECLARATION:
APPLICANT:
Ramesh Patel (Crest Motel)
2650 W. Lincoln Avenue
Anaheim, Ca. 92805
ZONING/LOCATION/REQUEST: RS-A-43,000 zoned property located at 2650 West
Lincoln Avenue/to retain 4 kitchenettes in an existing 16 unit motel.
PLANNING COMMISSION ACTION: Granted by the Planning Commission (PC86-182).
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of July 29, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 14, 1986.
Posting of property August 15, 1986.
Mailing to property owners within 300 feet - August 15, 1986.
PLANNING STAFF INPUT:
See Staff Report dated July 7, 1986.
APPLICANT'S
STATEMENT:
Ramesh Patel, 2650 West Lincoln Avenue
In response to Councilwoman Kaywood's questions, Mr. Patel
advised that when he purchased the motel property in 1983 the
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City Hall, Anaheim, California - COUNCIL MINUTES - August 26~ 1986~ 10:00 A.M.
four kitchenette units were in place. These were subsequently
removed and he is now seeking permission to install them once
again.
He advised that most of his guests lived in the hotel for 1-2
weeks up to a month. He noted that since apartments require the
1st and second month's rent, some people stay in motel units.
PUBLIC DISCUSSION:
IN FAVOR: None.
OPPOSED: None.
EXHIBITS MATERIALS SUBMITTED:
No materials submitted.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilwoman Kaywood.
One of her major concerns relative to this item is the fact that
motels built with kitchen facilities have tended to become
substandard apartments. To discourage this trend, it was
determined to limit kitchen units to only 25% of the project.
Further she was concerned whether this motel, which was built in
1956, 30 years ago, could meet current housing and development
standards.
FINAL SUMMATION BY APPLICANT:
Mr. Patel in response to Councilwoman Kaywood's concerns noted
that this motel has 16 units, of which they would like
permission to install 4 kitchenettes.
CHANGES TO PROPOSALAS A RESULT OF DISCUSSION/COUNCIL CONCERN:
No changes.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Om motion by Councilman
Pickler, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received,
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 86R-383 for adoption, upholding
the findings of the City Planning Commission, and approving Conditional Use
Permit No. 2818.
Roll Call Vote:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None 726
The Mayor declared Resolution No. 86R-383 duly passed and adopted.
City Hall, Anaheim~ California - COUNCIL MINUTES - August 26, 1986~ 10:00 A.M.
179: REHEARING - CONDITIONAL USE PERMIT NO. 2777 (READV.) AND NEGATIVE
DECLARATION:
APPLICANT:
Burnett-Ehline Properties
2050 South Santa Cruz, #100
Anaheim, Ca. 92805
ZONING/LOCATION/REQUEST: ML zoned property, located at 2100 South State
College/To permit an industrially related office building.
PLANNING COMMISSION ACTION: Granted in part by the Planning Commission
(PC86-8o).
HEARING SET ON:
Review of the Planning Commission decision was requested by Councilwoman
Kaywood. Public hearing held May 27, 1986, at which time the City Council
denied the Conditional Use Permit. The applicant has requested a rehearing
with readvertisement of revised plans, which was granted by the City Council
and scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 14, 1985
Posting of property August 15, 1986
Mailing to property owners within 300 feet - August 15, 1986.
PLANNING STAFF INPUT:
See Staff Report dated August 20, 1986.
APPLICANT'S
STATEMENT:
Mr. Jack Harry, 14 Mountainview, Irvine, Agent for the
Petitioner.
He explained that they had redesigned the project and
consequently waivers b, d and e, are no longer required. They
have reduced the size of the building down to 8100 ft. and are
no longer seeking a parking waiver. They are in accord with the
Traffic Department's request for complete dedication for the
critical intersection program, if that is adopted. Consequently
what they are requesting is to be allowed to observe a 10 foot
setback, after the dedication for the critical intersection,
with berm and ~idewalk aB required.
The plan is to have a brick perimeter wall along both 0rangewood
and State College to screen the parking. The entrance for
parking would be underneath a portal, and the driveway itself
they are asking to be 23 feet in width rather than the 25 feet.
The redesign has eliminated the double loading features. This
will be a 2-story building with below-grade parking (3-1/2 feet
below grade). The redesign concept was to still come up with an
efficient land use consistent with what is being built around
this property. It is their feeling that this screening will
enhance the corner. Regarding setback, he advised that Planning
Staff is considering a proposal for a 15 foot berm and sidewalk
in this area, and this compounds their problem with this land
parcel, since it is in addition to the dedication for the
critical intersection program.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 26~ 1986, 10:00 A.M.
They now have 32 parking spaces which is at code, and are asking
for three additional spaces to be allowed to be compact in size.
He voiced the opinion that the City would have a legitimate
basis to distinguish this request from others, i.e. the traffic
needs have placed an unusually heavy burden for dedication on
this property.
In concluding Mr. Harry noted the technical language in
Condition No. 12 regarding the uses which would be allowed on
the property, and was advised that these were the subject of
much discussion between City Council, Planning Staff and
Planning Commission with input from developers and are the end
product of those extensive discussions, hence difficult to
reconsider at this time.
PUBLIC DISCUSSION:
IN FAVOR: None.
OPPOSED: None.
EXHIBITS MATERIALS SUBMITTED:
None.
SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Pickler.
Was concerned about the requested waiver from required
landscaped setbacks. He felt even with the revised proposal, it
would overbuild the property.
Councilwoman Kaywood.
Noted that lack of foresight on setbacks with respect to Anaheim
Boulevard eventually cost the taxpayers millions to purchase
property for widening.
STAFF INPUT:
Paul Singer, Traffic Engineer.
Noted that this particular intersection (State
College/Orangewood) is a critical one and in addition to that it
is also rather critical due to the reverse curve on State
College Boulevard which should be straightened out. It will
also be necessary to widen State College on the east side and
Orangewood will also have to be widened as well. It is
recommended that if a waiver from setbacks is granted that a
minimum 30' setback on both 0rangewood and State College be
maintained in order to accommodate the need for critical
intersections.
Councilman Pickler noted that this developer is willing to
dedicate the requirements for the critical intersection program,
and questioned whether now the Traffic Engineer was saying this
is not sufficient and more space is required.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 26, 1986, 10:00 A.M.
Mr. Singer responded yes, the City would have to acquire
additional right of way in the future.
Councilman Bay noted that may be 10 to 20 years in the future,
and that the developer has agreed to dedicate what has been
requested.
COUNCIL ACTION:
Councilman Bay offered Resolution No. 86R-384 for adoption approving
Conditional Use Permit No. 2777, in accordance with Revised Plans labeled
Revision No. 1 of Exhibit Nos. 1 through 3, and subject to Conditions 1
through 14 as set forth in Staff Report dated August 20, 1986. Refer to
Resolution Book.
RESOLUTION NO. 86R-384: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2777.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Bay and Roth
Kaywood and Pickler
None
The Mayor declared Resolution No. 86R-384 duly passed and adopted.
ADJOURNMENT: Councilman Roth moved to adjourn to Thursday, August 28, 1986 at
1:30 p.m. Councilman Pickler seconded the motion. MOTION CARRIED.
(3:47 p.m.)
LEONORA N. SOHL, CITY CLERK
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