1986/11/12City Hall, Anaheim, California - COUNCIL MINUTES - November 12, 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 and Pickler
COUNCIL MEMBERS: Roth .
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
MAINTENANCE DIRECTOR: John Roche
DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
CODE ENFORCEMENT SUPERVISOR: John Poole
SENIOR CODE ENFORCEMENT SUPERVISOR: Richard D. LaRochelle
DEPUTY CITY ATTORNEY II: Malcolm Slaughter
Mayor Pro Tem Pickler called the meeting to order and welcomed those
in attendance to the Council meeting.
INVOCATION: Reverend Don Dexter, First Presbyterian Church, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Pro Tem
Pickler and authorized by the City Council:
Great American Smokeout Day in Anaheim, November 20, 1986,
Telephone Pioneer Month in Anaheim, November, 1986.
Bob Hernandez, Captain, Anaheim Fire Department, accepted the Great American
Smoke Out Day proclamation and Rosemary Viot accepted the Telephone Pioneer
month proclamation.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council to be presented to Robert Paul Roney,
Senior Trouble Shooter, on his retirement from the Utilities Department after
20 years of dedicated service to the City of Anaheim.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held October 28, 1986. Councilman Bay seconded the motion.
Councilman Roth was absent. 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.
934
City Hall, Anaheim~ California - COUNCIL MINUTES - November 12, 1986, 10:00 A.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,694,169.64, in
accordance with the 1986-87 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Overholt, the following items were approved fn
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 86R-505 through 86R-509, 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 Lisa Rogers, Louis Hayes, Theresa Bowers, James
Rogers and Michael Reed for personal injury sustained purportedly due to
actions of the City on or about August 19, 1986.
b. Claim submitted by Erminia Josie Ferrari and LOuis Ferrari for bodily
injury sustained purportedly due to actions of the City on or about
November 11, 1985.
c. Claim submitted by Fel-Mont Corporation for property damage sustained
purportedly due to actions of the City on or about July 28, 1986.
d. Claim submitted by Gene Kanigowski for property damage sustained
purportedly due to actions of the City on or about August 24, 1986.
e. Claim submitted by Russell Langevin for bodily injury sustained
purportedly due to actions of the City on or about August 5, 1986.
f. Claim submitted by Sentry Claims Service for property damage sustained
purportedly due to actions of the City on or about August 13, 1986.
g. Claim submitted by Kevin Jourdan for property damage sustained
purportedly due to actions of the City on or about August 27, 1986.
h. Claim submitted by John F. Swint for bodily injury sustained
purportedly due to actions of the City on or about September 11, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Center Authority, Meeting of October 6, 1986.
3. Approving the following applications in accordance with the
recommendations of the Chief of Police:
a. 108: Public Dance Permit submitted by Jesus M. Frias, for the Empresa
Frias, to hold a dance at the Anaheim Convention Center, November 27,
1986, from 6:00 p.m. to 1:00 a.m.
935
City Hall, Anaheim, California - COUNCIL MINUTES - November 12, 1986, 10:00 A.M.
b. 108: Public Dance Permit submitted by Manuel S. Gomez, for the
Empresa Yahualica, to hold a dance at the Anaheim Convention Center,
November 27, 1986, from 6:00 p.m. to 1:00 a.m.
4. 161: Receiving and filing the Annual Progress Report of the Anaheim
Redevelopment Agency for the Fiscal Year 1985/86.
5. 170: Authorizing the Mayor and City Clerk to sign the Ownership
Certificate on the Title Sheet of Parcel Map 86-151 for property located south
of Ball Road and east of the Orange Freeway (Anaheim Auto Center).
6. 173/106: Appropriating 52,375 from the Council Contingency Fund for
sponsorship of the North Orange County Transportation Forum to be held at
California State University, Fullerton, on November '20, 1986.
7. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation, in the amount of 524,350.32 for two
3-ton static rollers, in accordance with Bid No. A-4380.
8. 160: Authorizing the Purchasing Agent to issue a Purchase order to the
Anaheim Public Improvement Corporation, in the amount of ~19,573.96, for one
3-5 ton static/vibrating roller, in accordance with Bid No. A-4381.
9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Cbrporation, in an
amount not to exceed $12,312, to rebuild a P.S.D., 15 KV, 1200 amp circuit
breaker for Yorba Station.
10. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to Anaheim Public
Improvement Corporation, in the amount of 517,172, for three traffic
controllers and upgrade four existing controllers.
11. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation, in the amount of $103,067.15, for two
56,000 lb. G.V.W. truck chassis with tandem drive, in accordance with Bid No.
A-4376.
12. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation, in the amount of ~107,325, for three
37,000 lb. G.V.W. cab/chassis, in accordance with Bid No. A-4377.
13. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation, in the amount of 524,895.16, for two
heavy duty equipment trailers, in accordance with Bid No. A-4379.
14. 169: RESOLUTION NO. 86R-505: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Santa Aha Street
Street Improvement, south side, 218 feet west of Harbor Boulevard to Janss
Street, Account No. 25-792-6325-E2240; and opening of bids on December 18,
1986)
936
City Hall, Anaheim, California - COUNCIL MINUTES - November 12~ 1986~ 10:00 A.M.
15. 169: RESOLUTION NO. 86R-506: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (BRUCE PAVING
CORPORATION). (Rejecting the low bid and awarding a contract to the best
responsible bidder, Bruce Paving Company, Inc., in the amount of ~1~1,439.90,
for Safer Offsystem Streets Barrier Removal, Phase II~ Account No.
17-792-6325-E2330)
16. 169: RESOLUTION NO. 86R-507: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (R.J. NOBLE
COMPANY) (Awarding a contract to the lowest and best responsible bidder, R.
J. Noble Company, in the amount of $99,142, for La Palma Avenue Street
Improvement 1145 feet east of Sunkist Street to Sunkist Street, Account Nos.
15-793-6325-E3170, 51-484-6993-00710 and 51-479-6993-00589)
17. 175/137: RESOLUTION NO. 86R-508: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA AMENDING RESOLUTION NO. 86R-490 OF THE CITY
COUNCIL. (Amending Resolution No. 86R-490, relating to the issuance of
Electric Revenue Bonds, to delete a provision inadvertently included)
18. 158: RESOLUTION NO. 86R-509: 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.
Roll Call Vote Resolution Nos. 86R-505 through 86R-509:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor declared Resolution Nos. 86R-505 through 86R-509, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
123: AGREEMENT WITH STANTON COUNTY WATER DISTRICT PURSUANT TO ORANGE COUNTY
REORGANIZATION NO. 82: Approving an agreement with Stanton County Water
District, pursuant to Orange County Reorganization No. 82, relating to
distribution of assets~ as recommended in memorandum dated October 28, 1986
from the Director of Maintenance, John Roche. This matter was discussed at
and continued from the meeting of November 4, 1986 (see minutes that date).
City Manager William Talley announced the request by staff for a one week
continuance in order to submit a staff report giving the Council, in staff's
opinion, the two options they have. The options are to either accept the
reorganization, take the responsibility for the sewer maintenance service and
distribute funds not required for City services to distribute them back to the
ratepayers and keep the 40 percent needed for City maintenance activities or
retain all funds and go along with the City of Stanton who has told Anaheim
this will cause them a problem as far as a precedent setting policy inasmuch
as they do not believe they can do the same thing in Stanton because they do
not have an ongoing maintenance program. The attorney for the District is
present and may wish to address the Council. On Friday or Monday, he (Talley)
937
City Hall~ Anmheim, California - COUNCIL MINUTES - November 12~ 1986, 10:00 A.M.
was finally able to contact the City Manager of Stanton, Jim Buell. He also
wrote to Mayor Pro Tem Sapien requesting the name of someone in the City who
could discuss the matter at greater length. Maintenance Director John Roche
advised him he has talked to Mr. Buell. Staff wanted the opportunity to
submit a report in writing and thus the request for a one week continuance.
MOTION: Councilman Overholt moved to accept the staff recommendation and to
continue the matter for one week. Councilman Pickler seconded the motion.
Before a vote was taken, John Roche, Director of Maintenance, stated his
department already assumed sewer maintenance services for those areas formerly
served by the Stanton County Water District (SCWD) pursuant to County
Reorganization No. 82. It is now Just a question of the division of assets.
Councilwoman Kaywood asked if the ratepayers involved in the reimbursement
would go back further than last year; Mr. Roche answered it was his
understanding the people who would receive the refund would be the feepayers
currently paying the SCWD for the sewer maintenance fee.
Janet Morningstar, attorney, Stanton County Water District, explained that
reimbursement under the contract would be based on the fees from the 1985
year. These are based on the number of units with one residence being one
unit, a 50-unit hotel would be 50 units, and reimbursement would be on that
basis. The contract determines the amount that would be allocated to Anaheim
as well as providing for the refund of fees. If any part of the agreement is
invalidated or not accepted, the entire agreement would not be accepted.
Anaheim, in their proposal to LAFCO and in the LAFCO resolution only asked for
an apportionment of funds set aside for capital improvements and maintenance
thereof. Pursuant to this agreement, SCWD has agreed to include more than
just funds. They have agreed to include their physical assets in the amount
to determine the apportionment with Anaheim. If the agreement is not
approved, Anaheim would receive a substantially smaller amount. It would be
substantially smaller than the amount that would be available to Anaheim and
its constituents under the agreement. SCWD has only one fund designated as
reserves, in the amount of $25,000. In discussing the matter with staff,
staff claims the amount should be ~400,000. Under the agreement liquidating
the physical assets as well would yield approximately $750,000 which would be
divided. They are talking about a substantial amount of additional money that
would be available to Anaheim and its constituents if the contract is
approved. The contract provides that Stanton may elect to take physical
assets including the sewer cleaning equipment, the additional equipment owned
by the SCWD, and even Real Property if they so desire rather than having those
items liquidated and receiving the funds. That provision is allowed for in
the proposed agreement. It is not really a difference in the amount of money
or the value of the assets they will receive but a question of if they want to
receive it as funds or physical equipment.
A vote was then taken on the foregoing motion of continuance. Councilman Roth
was absent. MOTION CARRIED.
108: BUSINESS LICENSE TAX STUDY: Fred W. Bercher, Chairman, Business License
Advisory Committee, to consider the Business License Tax Study as prepared by
938
Cit~ M-ll, Anaheim~ California - COUNCIL MINUTES - November 12~ 1986~ 10:00 A.M.
Ralph Andersen and Associates. This matter was discussed at, and continued
from the meeting of November 4, 1986, to this date (see minutes that date).
Councilman Overholt stated the report was an excellent one. One th%ng that
concerned him initially was the fact that professionals, of which he is a
part, were being taxed at a rate substantially in excess of other groupings.
Also, the distinguished individuals who made up the citizens committee did not
include any professionals. If the professionals had some concern, they can
appeal the ordinance when it is presented and make their arguments. He is
cognizant of the consultant's argument that professionals have a high profit
margin based on national rather than local statistics. He was concerned that
for instance, Mr. Farano, as an attorney, would not be willing to pay three or
four times more than other business people if the basis for the differential
is not sound. He did not want to offer the motion but would not oppose the
offering.
Norm Priest, Director of Community Development and Planning, stated that the
Committee did include a dentist but due to a scheduling conflict, he had to
resign. He was present for the initial two meetings but did not participate
in a vote on the final report.
Mayor Pro Tem Pickler stated there may be a lot of opposition when the
ordinance is presented in its final form. What the Council had to do today
was to give direction to staff to proceed and submit a proposed ordinance in
approximately 30 days. It would give the Chamber of Commerce and the
professionals an opportunity to look at the matter more closely and to make
their comments. At that time, the Council would again receive input.
Floyd Farano, President, Chamber of Commerce, stated in response to Councilman
Overholt's comment about lawyers, the percentage is approximately a 257.3
percent increase. Although it was substantial, it was necessary to be
objective. There will be some categories where the fee will increase and
others where it will be decreased. It was necessary to determine whether or
not it was fair. If fair, there is not too much they can say. The Chamber
has activated their committee and will study the report and the proposed
ordinance when drafted and submit a report to the Council.
Councilwoman Kaywood stated it was significant that the small amount Anaheim
is collecting for business licenses looks like nothing when compared to the
business license fee imposed in neighboring cities.
Councilman Overholt stated the only problem with that was the fact that they
are setting up a formula that may well be in effect for another 28 years, the
length of time the current fee has been in effect.
Councilwoman Kaywood moved to direct staff to draft a revised business license
ordinance for future consideration by the Council. Councilman Overholt
seconded the motion. Councilman Roth was absent. MOTION CARRIED.
108/149/142: ORDINANCE NO. 4725 - VENDING FROM VEHICLES: Amending Section
14.32.310 of the Code relating to vending from vehicles and establishing
permit application and appeal fees pursuant to Section 14.32.310 of the Code.
939
81
City Ma!l, Anahe~m~ California - COUNCIL MINUTES - November 12, 1986, 10:00 A.M.
This matter was discussed and continued from the meetings of June 17, July 1,
8, 22, August 26, September 9, October 7, 14 and November 4, 1986, to this
date.
City Attorney, Jack White. Pursuant to Council's direction last we~k, he has
submitted a revised version of the Vehicle Vending Ordinance. The change from
the previous draft is to increase the length of time any vehicle can remain in
any one location for vending purposes from 20 to 30 minutes (see minutes of
November 4, 1986). In addition, he has submitted a staff report dated
November 5, 1986 based upon discussions last week as well, with one possible
alternative for consideration relating to the subject of the use of
sound-making devices for purposes of attracting attention to the vending
vehicles. He consulted with Code Enforcement Supervisor, John Poole and
together they came up with a potential alternative for Council to consider as
listed in the staff report to go from allowing the vehicles to make a limited
amount of sound while in a stationary position only to allowing them to make
sounds while the vehicle is traveling down the street provided it is not
audible for more than 200 feet and not by the use of an amplified device and
that no sound be made while the vehicle is in a stationary position. He has
attempted to contact Salvador Sarmiento, attorney for the street vendors. He
called him last Wednesday but found that he was out of town and he has not
been able to reach him since to discuss the proposal with him but it is being
presented today along with a revised version of the ordinance for
consideration at this time. The Council already gave first reading to the
ordinance in the form that is in the agenda material today which changed it
from 20 to 30 minutes. If the Council wished to incorporate any other
substantive changes, it would require an amended first reading.
Councilman Bay offered Ordinance No. 4725 for an amended first reading
incorporating Section .0216 relating to sound-making devices.
ORDINANCE NO. 4725: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING SECTION
14.32.310 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO VENDING FROM VEHICLES.
170/142: ORDINANCE NO. 4776: Councilman Pickler offered Ordinance No. 4776
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4776: AN ORDINANCE OF THE CITY 0FANA/~EIMADDING CHAPTER 17.09
PERTAINING TO VESTING TENTATIVE MAPS TO THE ANAHEIM MUNICIPAL CODE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay and Pickler
None
Roth
The Mayor Pro Tem declared Ordinance No. 4776 duly passed and adopted.
179: ORDINANCE NOS. 4777 AND 4778: Councilman Pickler offered Ordinance Nos.
4777 and 4778 for adoption. Refer to Ordinance Book.
94O
City Hall, Anaheim, California - COUNCIL MINUTES - November 12, 1986, 10:00 A.M.
ORDINANCE NO. 4777: 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. 81-82-15, CO, n/w corner Center Street and
Coffman Street) .
ORDINANCE NO. 4778: 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. 85-86-26, RM-1200, 408 So. East Street)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Kaywood, 0verholt, Bay and Pickler
None
Roth
The Mayor declared Ordinance Nos. 4777 and 4778 duly passed and adopted.
129: FIREWORKS: Councilwoman Kaywood stated she was pleased that the
citizens voted for a fireworks ban in the City of Anaheim. It was her feeling
all along that the sentiment to ban was there with absolutely no campaigning
for the ban or any funds spent as opposed to the fireworks interests spending
approximately $100,000 to defeat the issue. The citizens voted three to two
to ban. It will give the organizations who raise funds selling fireworks an
opportunity at this time to initiate other ways of fundraising.
114: COUNCILMAN OVERHOLT - COMMENTS ON HIS TENURE AS A CITY COUNCILMAN:
(Synopsis of Councilman Overholt's comments follows) Councilman Overholt
first congratulated Councilwoman Kaywood and Councilman Pickler on their
re-election to the Council and to Councilman Bay on his election as Mayor. He
also congratulated Councilman-Elect Fred Hunter on his election, having run a
campaign deserving of the Office he has won. It was 8 1/2 years ago that he
(Overholt) was elected to the Council as the lone new member. He then thanked
everyone who had supported him this time and over the past 8 years. He has
appreciated that support after 17 1/2 years of elective Office, 8 1/2 on the
City Council and 9 on the Anaheim City School District Board. He will now
return to a totally private life with great anticipation and will devote his
time to his law practice and his family.
DELAYED STAKTING TIME - COUNCIL MEETING OF NOVEMBER 18; 1986,:
Councilman Pickler explained that he would be going out of town on a trip that
had been planned for some time and would not be arriving back until
approximately 11:00 a.m. on Tuesday, November 18, 1986. He asked the Council
to consider starting the Council meeting on that date at 11:00 a.m. instead of
the usual starting time.
Councilman Pickler moved that the Council meeting, Redevelopment Agency and
Housing Authority meetings of Tuesday, November 18, 1986 start at 11:00 a.m.
rather than 9:30 a.m. Councilman Bay seconded the motion. Councilman Roth
was absent. MOTION CARRIED.
City Attorney Jack White explained that the meetings will be called to order
at their regular starting time and adjourned for lack of a quorum until
11:00 a.m.
941
City Hall~ Anaheim, California - COUNCIL MINUTES - November 12~ 1986~ 10:00 A.M.
144: ~I.RCTION OF REPRESENTATIVE TO THE ORANGE COUNTY TRANSPORTATION
COMMISSION (OCTC): Councilman Pickler referred to the letter he sent
indicating that he was running for a seat on the Orange County Transportation
Commission. The vote on the position was going to take place at the League of
Cities Meeting on Thursday night, November 13, 1986. He would like ~he
backing of the Council for that position.
Councilwoman Kaywood moved that the Anaheim City Council support Councilman
Pickler to be elected to the Orange County Transportation Commission with the
election to be held Thursday, November 13, 1986 at the League of Cities
meeting. Councilman Overholt seconded the motion. Councilman Roth was
absent. MOTION CARRIED.
RECESS - CLOSED SESSION: Mayor Pro Tem Pickler 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) Pending litigation pursuant to Government Code Section 54965.9B1.
Councilman Pickler moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:06 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:54 p.m.)
179: PUBLIC NEARING - CONDITIONAL USE PERMIT NO. 2841 AND NEGATIVE
DECLARATION:
APPLICANT:
A & R Management Co., et al, (McDonald's)
6920 Hollywood Boulevard, Suite #340
Los Angeles Ca. 90028
REQUEST/ZONING/LOCATION: To permit a drive-through fast food restaurant on ML
zoned property located at 1810 South State College Boulevard and 2020 East
Katella Avenue, with the following code waivers: (a) Minimum dimension of
vehicle accessways (deleted), (b) maximum number of small car spaces, (c)
minimum number o~ parking spaces, (d) minimum structural setback and yard
requirements (deleted).
PLANNING COMMISSION ACTION: Resolution No. PC86-246 granted Conditional Use
Permit No. 2841, in part; approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler at the Council meeting of October 14, 1986.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 31, 1986.
Posting of property October 31, 1986.
Mailing to property owners within 300 feet - October 31, 1986.
942
8O
City Hall, Annhetm~ California - COUNCIL MINUTES - November 12, 1986~ 10:00 A.M.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 29, 1986.
City Clerk Leonora Sohl announced that letter dated November 10, 19~6 had been
received from Frank Lowry, attorney, Farano & Kieviet, agent for the applicant
requesting a one week continuance of the public hearing to November 18, 1986.
Mayor Pro Tem Pickler asked if anyone was present to speak to Conditional Use
Permit No. 2841; no one was present.
MOTION: Councilwoman Kaywood moved to continue the public hearing on
Conditional Use Permit No. 2841 and Negative Declaration therefor to Tuesday,
November 18, 1986 at 1:30 p.m. Councilman Overholt seconded the motion.
Councilman Roth was absent. MOTION CARRIED.
179: PUBLIC NEARING - TERMINATION OR MODIFICATION OF CONDITIONAL USE PERMIT
NO. 828: To consider termination or modification of Conditional Use Permit
No. 828 which permits the operation of a walk-up restaurant on CL zoned
property located at 221 North Beach Boulevard. This hearing was initiated by
the City Council upon action taken at their meeting of September 23, 1986.
PUBLIC NOTICE REQULREMF~TS MET BY:
Publication in Anaheim Bulletin October 2, 1986.
Posting of property October 3, 1986.
Mailing to property owners within 300 feet - October 3, 1986.
Ail principals involved were notified of the public hearing by Certified Mail
on September 25, 1986.
Letter dated September 29, 1986 was previously submitted by Michelle
Reinglass, attorney representing 221 North Beach Boulevard (Angelo's)
requesting that the hearing be continued to November 11, 1986.
The matter was briefly discussed (see minutes of October 14, 1986) and the
public hearing continued to this date.
Mayor Pro Tem Pickler called on the City Attorney to explain the procedure to
be followed and to swear in witnesses.
City Attorney, Jack White.
This item is a request submitted by City staff relating to
potential termination or modification of an existing conditional
use permit for a restaurant located at 221 North Beach
Boulevard, also known as Angelo's. The item is being handled as
a quasi-Judicial hearing. It is not a Court of Law. The City
Council and the procedures by which the hearing will be
conducted is not bound by strict rules of evidence nor is the
testimony limited to that which would otherwise be given in a
Court of Law. The City Council normally allows great latitude
to those wishing to testify as to the substance of their
testimony. However, all those who do testify should be advised
943
77,¸
City ~.11~ An-heim~ Ca!ffornia - C0UNCIL MINUTES - November 12~ 1986~ 10:00 A.M.
to make their testimony as brief as possible, not to be
duplicative of testimony already given and keep their remarks
relevant to the subject matter.
Mr. White then outlined the procedure to be followed ~elative to
the swearing in of witnesses, the taking of testimony from those
in favor of possible revocation of the permit, those in
opposition, etc. He also pointed out that the decision of the
Council will require adoption of a resolution and under the City
Charter the resolution will require three affirmative votes at a
minimum. A full Council is not present today but only four
members. Therefore, it would be necessary that a three-fourths
vote prevail in order to adopt a resolution either rejecting or
affirming the permit as it exists or modifying it in some other
form.
Mr. White then called upon everyone in the Chamber audience who
wished to testify or who has been issued a subpoena to testify
whether they plan to testify in favor or against or in any other
capacity. He asked that they stand to be sworn in as a
witness. There were approximately 18 to 20 people. Each raised
their right hand and were sworn in by the City Attorney.
Councilman Overholt stated before proceeding, it should be noted
that Mr. Fred Hunter, Councilman-Elect, was present in the
Chamber audience and was planning to be present for the entire
hearing.
City Attorney White then called upon John Poole, the City's Code
Enforcement Supervisor, to present the City staff's case.
A verbatim transcript of the entire proceeding is on file in the City Clerk's
Office. The following is a synopsis of the proceeding.
John Poole, Code Enforcement Supervisor.
He referred to his report dated October 2, 1986 (previously made
a part of the record). He thereupon briefed and emphasized
certain information contained therein relative to Conditional
Use Permit No. 828, noting that zoning approval had never been
granted for a drive-thru or drive-in operation at 221 North
Beach Boulevard. (See report dated October 2, 1986 to the City
Manager/City Council entitled, Termination or Modification of
Conditional Use Permit No. 828 which permits the operation of a
walk-up restaurant at 221 North Beach Boulevard from John W.
Poole, Code Enforcement Supervisor). Mr. Poole, during his
presentation, also referred to signed declarations received by
City staff from 12 citizens who reside or conduct business in
the immediate vicinity of Angelo's. Declarations were obtained
by City staff as opposition to a lawsuit filed by Angelo's which
sought to enjoin enforcement of zoning ordinances at that
location. The declarations indicated the problems that have
arisen since Angelo's began operation which he read from Pages 3
944
City Hall, Anaheim, Cal~fornia - COUNCIL MINUTES - November 12~ 1986, 10:00 A.M.
and 4 of the report (see items (a) through (i) on those pages of
the report). He then read items (a) through (e) listed on Pages
4 and 5 of his report which were the grounds upon which a
Conditional Use Permit may be modified or terminated by the
granting body as provided in A.M.C Section 18.03.092,'(d) and
(e). (See Pages 4 and 5 of the report). He then offered
Exhibits marked A through D into evidence as follows:
A - The original floor plans submitted in 1966 for a walk-up
restaurant.
B - Recent aerial photo taken this year showing Angelo's and the
surrounding properties.
C - Photos taken on November 12, 1986 and aerial photos taken
September 5, 1986 showing Angelo's Restaurant and surrounding
properties.
D - City Council Resolution 66R-329 which granted Conditional
Use Permit No. 828 (these Exhibits were on display in the
Council Chamber).
Jack White, City Attorney.
In addition to the four Exhibits, the administrative record also
contains the following items: Notice of the hearing today dated
September 25, 1986, letter from Michelle Reinglass September 29,
1986, staff report dated October 2, 1986, letter from Onnie and
Tyne M. Wainio dated November 11, 1986 to the City Council,
letter from John Johnson to the City Council dated October 11,
1986, letter dated October 13, 1986 from Mr. & Mrs. G. Oldfield,
extraction of minutes of October 4, 1986 and letter from
Michelle Reinglass to Honorable Don Roth and Members of the City
Council dated November 6, 1986. All of those matters are
currently in front of the City Council and a part of this
hearing.
Mr. White then called upon Deputy City Attorney Malcolm
Slaughter to call individual witnesses on behalf of the City
staff.
Deputy City Attorney Malcolm Slaughter first called upon the
City of Anaheim's Senior Code Enforcement Officer, Richard
LaRochelle.
Richard LaRochelle, Senior Code Enforcement Officer, read a
prepared statement into the record.
After Mr. LaRochelle's testimony, Attorney Reinglass then posed
questions to both Mr. Poole and Mr. LaRochelle.
945
?$
City Hall~ Anaheim, California - COUNCIL MINUTES - November 12, 1986, 10:00 A.M.
Deputy City Attorney Malcolm Slaughter then called upon the
following people who testified in support of Termination of
Conditional Use Permit 828:
Clyde Bevins, Building Inspector, City of Anaheim. '
George Bennett, United States Post Office Employee, 1673 Buena
Vista, Anaheim (he read a declaration previously submitted to
the City Attorney's Office).
Ed Rios, Manager, Circuit City, 200 North Beach Boulevard,
Anaheim (read his declaration dated September 17, 1986).
Ail declarations were previously submitted as opposition to a
lawsuit filed by Angelo's - Case No. 499603 declaring under
penalty of perjury problems they experienced since Angelo's
opened in their area and previously made a part of the record.
The declarations were an elaboration of the problems listed
starting on Page 3 of the October 2, 1986 staff report from Mr.
Poole.
Ting Hsiao, Manager, Kings Hotel, 328 North Beach Boulevard,
Anaheim, (read his declaration dated September 16, 1986).
Ted Dugan, Manager, Tower Records, 306 North Beach Boulevard,
Anaheim, (read his declaration dated September 16, 1986).
Eon Boas, Manager, Mart Furniture, 220 North Beach Boulevard,
Anaheim, (read his declaration dated September 17, 1986).
Attorney Reinglass posed questions to Mr. Bevins, Bennett, Rios,
Hsiao, Dugan and Boas.
RECESS: By general consent, the Council recessed for five minutes.
(3:22 p.m.)
AFTE~ RECESS: The Mayor Pro Tem called the meeting to order, all Council
Members being present with the exception of Councilman Roth. (3:30 p.m.)
The following is a continuation of people who testified in support of
termination of Conditional Use Permit No. 828:
William Miller, Manager, Anaheim Vacation Park, 311 North Beach
Boulevard, Anaheim.
Shirley Webb, resident, Anaheim Vacation Park, Space ~82, (also
read her declaration dated September 16, 1986).
Luise Johnston, resident, Anaheim Vacation Park, Space #90,
(also read her declaration dated September 16, 1986).
946
City Hall, Anaheim, California - COUNCIL MINUTES - November 12, 1986~ 10:00 A.M.
Mur McShea, resident, Anaheim Vacation Park, Space #71, (also
read her declaration dated September 16, 1986).
Dolores Alcedo, resident, Anaheim Vacation Park, Spat9 ~71,
(also read her declaration dated September 16, 1986).
Questions were posed by Attorney Reinglass to Mrs. Webb,
Johnston, McShea and Alcedo.
Questions were also posed to some of the witnesses by Council
Members after their testimony was given.
Mayor Pro Tem Pickler asked if anyone else wished to speak besides those who
testified who were in support of termination of Conditional Use Permit No. 828.
Mrs. Betty Lookabaugh, resident, Anaheim Vacation Park, 311
North Beach Boulevard, Anaheim, spoke in favor of termination
and also answered questions posed by Attorney Reinglass and
Council Members.
Mrs. Lookabaugh also submitted a flyer which apparently was
printed urging customers of Angelo's to attend the public
hearing. It also stated that the public hearing was set for
Wednesday, November 12, 1986 at 1:30 p.m., "hoping you couldn't
get there" The document submitted was marked Exhibit E and
received into the record.
Both Council Members Kaywood and 0verholt refuted the
information contained in the flyer stating it was absolute
misrepresentation by Ms. Reinglass's client.
Michelle Reinglass, attorney for Angelo's then called upon the
following people, patrons of Angelo's, who testified on behalf
of Angelo's and in opposition to termination of Conditional Use
Permit No. 828. They elaborated on their reasons why they felt
Angelo's should be allowed to remain in business and some
refuted different aspects of the testimony previously given by
those favoring termination.
B. J. Donald, 327 Walnut Street, Costa Mesa.
Donna Langford, 7866 Orchard, Buena Park
Deborah Langford, (daughter) 7866 Orchard, Buena Park.
Mike Stone, 5132 Mtkasa, Buena Park.
Andy Willsheer, 7 Hawthorne Avenue, Bury Green, Catshunt, Hefts,
England.
Deputy City Attorney Slaughter posed questions to Mr. Donald,
Mrs. Langford and Mr. Stone.
Questions were also posed to some of the witnesses by Council
Members after their testimony was given.
947
City H~ll~ Anaheim, California - COUNCIL MINUTES - November 12, 1986, 10:00 A.M.
Councilman Bay moved to continue the public hearing to Tuesday, November 18,
1986 at 1:30 p.m. Councilwoman Kaywood seconded the motion.
Before a vote was taken, Michelle Reinglass stated that several persons
indicated they were unable to attend the meeting during the day and'requested
that the meeting be held as late as possible.
After further discussion, Councilman Bay amended his motion that the public
hearing be continued to 3:00 p.m. on November 18, 1986.
A vote was then taken on the motion. Councilman Roth was absent. MOTION
CARRIED.
Mayor Pro Tem Pickler stated the hearing is hereby Ordered continued to
Tuesday, November 18, 1986 at 3:00 p.m. in the Council Chamber. All witnesses
are ordered to attend at that time without further notice. If Ms. Reinglass
would like to identify the names of witnesses, he will order them specifically
to appear; Ms. Reinglass stated that she does not have a list but the notice
given was sufficient.
MOTION: Councilman Pickler moved to recess into Closed Session. Councilman
Bay seconded the motion. Councilman Roth was absent. MOTION CARRIED.
(5:12 p.m.)
AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council
Members being present with the exception of Council Members Bay and Roth.
(5:32 p.m.)
Before adjourning, Mayor Pro Tem Pickler stated that relative to a request
received by Mr. Goodwin of Anaheim Motor Sports, it is Council Policy not to
negotiate stadium dates or contract terms. He suggested that his firm
continue to negotiate with City staff in the matter.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood
seconded the motion. Council Members Bay and Roth were absent. MOTION
CARRIED. (5:33 p.m.)
LEONORA N. SOHL, CITY CLERK
948