1985/07/09247
City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
ACTING CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
RISK MANAGER: Tom Vance
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
CITY ENGINEER: Gary E. Johnson
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Lou Rohrs, Trinity United Methodist Church, gave the
Invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"Old Home Restoration Days" in Anaheim, July 13-14, 1985
119: INTRODUCTION: Mrs. Eileen Anthony, Sister City Committee, introduced
Sandra Lee Mathews, a 1985 graduate of Katella High School and its
valedictorian and explained that Ms. Mathews would be travelling to Mito,
Japan (Anaheim's Sister City) under the Sister City Program to foster interest
in student exchange. Ms. Mathews was then personally introduced to Council
Members and Mayor Roth, on behalf of the Council, welcomed her and wished her
well.
MINUTES: Councilwoman Kmywood moved to approve the minutes of the regular
meetings held December 18, 1984 and June 18, 1985. Councilman Bay seconded
the motion. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman K~ywood 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 Overholt seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,115,326.28 for the
period ending June 27, 1985 and $7,769,436.65 for the period ending July 5,
1985, in accordance with the 1984-85 Budget, wer~ approved.
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Cit~ Hall~ Anaheim, California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Roth, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar; Councilman Pickler offered
Resolution Nos. 85R-274 through 85R-294, 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 Louise Olson for bodily injury sustained
purportedly due to actions of the City on or about May 8, 1985.
b. Claim submitted by Sue Amedei for bodily injury sustained purportedly
due to actions of the City on or about May 3, 1985.
c. Claim submitted by Austin L. Kennedy for bodily injury sustained
purportedly due to actions of the City on or about April 24, 1985.
d. Claim submitted by Wayne Hebenstreet for bodily injury sustained
purportedly due to actions of the City on or about March 15, 1985.
e. Claim submitted by Jeffrey Braun for bodily injury sustained
purportedly due to actions of the City on or about March 12, 1985.
f. Claim submitted by Pacific Bell for property damage sustained
purportedly due to actions of the City on or about February 15, 1985.
g. Claim submitted by Bradley Henderson for property damage sustained
purportedly due to actions of the City on or about May 20, 1985.
h. Claim submitted by William Rebensdorf et. al., for property damage
sustained purportedly due to actions of the City on or about May 8, 1985.
i. Claim submitted by Claire Johnson for property damage sustained
purportedly due to actions of the City on or about May 22, 1985.
J. Claim submitted by Cynthia Saterberg for property damage sustained
purportedly due to actions of the City on or about March 3, 1985.
k. Claim submitted by Rolando Torres Alfaro (Adbro, Inc.) for property
damage sustained purportedly due to actions of the City on or about March 5,
1985.
1. Claim submitted by Julie Ann Burch for property damage sustained
purportedly due to actions of the City on or about April 4, 1985.
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
Claims recommended to be accepted:
m. Claim submitted by Janice Newton for property damage sustained
purportedly due to actions of the City on or about April 25, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 173: Before the Public Utilities Commission, Application of PCSTC,
Inc., dba Pacific Coast Sightseeing Tours and Charters, for certificate of
public convenience and necessity to operate a passenger service between
the City of Anaheim and the City of Buena Park.
b. 105: Community Redevelopment Commission--Minutes of May 29, 1985.
3. Approving the following applications in accordance with the
recommendations of the Chief of Police.
ae
108: Dinner Dancing Place Permit, submitted by Leroy Joseph Reiling,
for the German Restaurant, 1755 West La Palma Avenue, to permit
dancing seven days a week, from 9:00 p.m. to 2:00 a.m.
be
108: Dinner Dancing Place Permit, submitted by Ruth A. LaVelle, for
Martino's Fine Foods, Inc., 500 North Brookhurst Street, to permit
dancing seven days a week, from 7:00 p.m. to 1:30 a.m.
4. 123: Authorizing an Affordable Development Agreement with Jensen C. and
Judy L. Chert and Bow and Wai-Ping Toy to provide 8 affordable housing units in
a 40 unit project to be located at 2540 West Lincoln Avenue.
5. 179: Granting one-year extensions of time to Reclassification No.
83-84-33 and Conditional Use Permit No. 2582, proposed change in zone from
RS-A-43,000 to CL, to permit a convenience market with gasoline sales with
off-sale beer and wine on property located at 2401 West Lincoln Avenue, to
expire September 11, 1986. Councilwoman Kaywood voted no on this motion.
6. 179: RESOLUTION NO. 85R-274: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO.
2152 AND DECLARING RESOLUTION NO. 70R-152 NULLAND VOID. (Terminating
Variance No. 2152, to construct an industrial complex on property located at
2401 East Katella Avenue, as a condition of approval of Reclassification No.
83-84-19.)
7. 164: RESOLUTION NO. 85R-275: 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 IMPROVEMENT, TO WIT:
BROADWAY SEWER AND WATER IMPROVEMENT, ANAHEIM BOULEVARD TO HARBOR BOULEVARD IN
THE CITY OF ANAHEIM. (Account No. 46-792-6325-E2150; and opening of bids on
August 1, 1985, 2:00 p.m.)
8. 164: RESOLUTION NO. 85R-276: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THAT CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 9~ 1985~ 10:00 A.M.
PALM STREET/MIDWAY DRIVE DRAINAGE IMPROVEMENT IN THE CITY OF ANAHEIM.
(Account No. 26-791-6325-E1380; and opening of bids on August 1, 1985,
p.m.)
2:00
9. 169: RESOLUTION NO. 85R-277: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETER_MINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
ORANGE AVENUE STREET IMPROVEMENT, NORTH SIDE 0F DALE AVENUE TO BEL AIR
STREET. (Account No. 01-792-6325-E2130; and opening of bids on August 15,
1985, 2:00 p.m.)
10. 124: RESOLUTION NO. 85R-278: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ~13. UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: ANAHEIM CONVENTION CENTER PARKING LOT COUNTER SYSTEM.
11. 175: RESOLUTION NO. 85R-279: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FIN~T3.Y ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ~3. UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: RELOCATION OF PRESSURE REGULATING STATION NO. 46; CONSTRUCTION OF
PRESSURE REGULATING STATION NO. 61; WATER SERVICE RELOCATIONS: AND
INSTALLATION OF INDIVIDUAL PRESSURE REGULATORS AT VARIOUS LOCATIONS IN THE
PERALTA HILLS AREA IN THE CITY OF ANAHEIM.
12. 104: RESOLUTION NO. 85R-280: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1977-1 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1404) (Levying
an assessment of ~35.87 on each lot and parcel contained in Street Lighting
Maintenance District No. 1977-1)
13. 104: RESOLUTION NO. 85R-281: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1980-2 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1859) (Levying
an assessment of $34.16 on each lot and parcel contained in Street Lighting
Maintenance District No. 1980-2)
14. 104: RESOLUTION NO. 85R-282: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1980-3 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1097) (Levying
an assessment of $99.08 on each lot and parcel contained in Street Lighting
Maintenance District No. 1980-3)
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City Hall~ Anaheim,. California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
15. 104: RESOLUTION NO. 85R-283: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1980-4 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1392) (Levying
an assessment of $23.78 on each lot and parcel contained in Street Lighting
Maintenance District No. 1980-4)
16. 104: RESOLUTION NO. 85R-284: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1980-7 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 2875) (Levying
an assessment of $41.92 on each lot and parcel contained in Street Lighting
Maintenance District No. 1980-7)
lY. 104: RESOLUTION NO. 85R-285: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1981-1 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1516 and 1653)
(Levying an assessment of $41.00 on each lot and parcel contained in Street
Lighting Maintenance District No. 1981-1)
18. 104: RESOLUTION NO. 85R-286: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1981-5 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 2090) (Levying
an assessment of $29.72 on each lot and parcel contained in Street Lighting
Maintenance District No. 1981-5)
19. 104: RESOLUTION NO. 85R-287: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1981-6 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 2228 and
2705) (Levyin§ an assessment of $36.36 on each lot and parcel contained in
Street Lighting Maintenance District No. 1981-6)
20. 104: RESOLUTION NO. 85R-288: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED
IN STREET LIGHTING MAINTENANCE DISTRICT 1982-1 FOR THE CONTRACT YEAR JULY 1,
1985 TO JUNE 30, 1986, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE
STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1326 and 1563)
(Levying an assessment of $24.36 on each lot and parcel contained in Street
Lighting Maintenance District No. 1982-1)
21. 131/144: RESOLUTION NO. 85R-289: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM INFORMING THE COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT
AGENCY OF NO CHANGES IN THE CIRCULATION ELEMENT OF ARTERIAL STREETS AND
HIGHWAYS ON THE GENERAL PLAN. (fiscal year 1984-85)
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City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 9~ 1985, 10:00 A.M.
22. 103: RESOLUTION NO. 85R-290: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND ORDERING THE ANNEXATION TO THE CITY OF ANAHEIM
OF THE TERRITORY KNOWN AND DESIGNATED WALTACERANCHANNEXATION.
23. 103: RESOLUTION NO. 85R-291: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ORDERING A MUNICIPAL REORGANIZATION FOR THE TRANSFER OF
CERTAIN UNINHABITED TERRITORY FROM THE CITY OF FULLERTON TO THE CITY OF
ANAHEIM DESIGNATED AS ORANGE COUNTY MUNICIPAL REORGANIZATION NO. 69.
24. 153: RESOLUTION NO. 85R-292: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION. (concerning annual medical
examinations)
25. 160: RESOLUTION NO. 85R-293: A RESOLUTION OF THE CITY COUNCIL 0F THE
CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE
AND TRANSFERRING THE SAME TO THE CITY PURCHASING DEPARTMENT.
26. 158: RESOLUTION NO. 85R-294: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, 0verholt and Roth
None
None
The Mayor declared Resolution Nos. 85R-274 through 85R-294, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
152: PROCEDURAL MATTERS - LITIGATION AND OTHER PROCEEDINGS: Submitted was
report dated June 25, 1985 from Jack White, Acting City Attorney, recommending
that the Council adopt the proposed resolution authorizing certain City
officers and employees to perform certain acts on behalf of the City in
litigation matters and other proceedings.
Councilman Overholt asked with reference to the information contained in the
subject report if it was advisable to empower staff to continue a matter where
there might be public interest on the issue; Mr. White answered he did not
conceive that the City Attorney would exercise that authority in any situation
where he would believe that there would be other members of the public
present. The purpose was to be an accommodation to applicants in instances
where an applicant on an unopposed matter would request an additional period
of time to prepare his case, call his office and ask for additional time. The
City Attorney's response, of necessity, would have to be that his office is
not empowered to do so, but that they would have to show up at the meeting and
make their request. If the Council denied the request, the applicant would
have to be prepared to go forward with his case.
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City Ha!l, Anaheim~ California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
Councilman Roth offered Resolution No. 85R-295 for adoption as recommended in
memorandum dated June 25, 1985 from the City Attorney's office. Refer to
Resolution Book.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, 0verholt and Roth
None
None
The Mayor declared Resolution No. 85R-295 duly passed and adopted.
123: NONDISTURBANCE AND ATTORNMENT AGREEMENT - ELSON'S HOTEL SERVICES~ INC.:
Councilman Pickler moved to authorize a Nondisturbance and Attornment
Agreement for Elson's Hotel Services, Inc., as subtenant at the Anaheim Hilton
Hotel & Towers as recommended in report dated June 27, 1985 from the City
Attorney's office. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
105: APPOINTMENTS TO FILL TERMS EXPIRING JUNE 30, 1985 ON THE FOLLOWING
BOARDS AND COMMISSIONS: This matter was continued from the meeting of Dune
25, 1985 to this date.
105: Community Redevelopment Commission (4 years) Term Endin~ 6-30-89:
Councilman Bay nominated Robert Anthony; Councilman Pickler nominated Doug
Rennet.
Nominations were closed.
Councilman Overholt moved to reappoint Robert Anthony and Douglas Rennet to
the Community Redevelopment Commission for the term ending June 30, 1989.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
105: Community Services Board (4 years) Term Endin~ 6-30-89: Councilman Roth
nominated Wilfred Lirette; Councilman Pickler nominated Margaret Sullivan;
Councilwoman Kaywood nominated Donna Gaston.
Nominations were closed.
Councilwoman Kaywood moved to reappoint Wilfred Lirette, Margaret Sullivan and
Donna Gaston to the Community Services Board for the term ending June 30,
1989. Councilman Overholt seconded the motion. MOTION CARRIED.
105: Housin~ Commission - 4 years Regular Housin~ Commissioner - Term Ending
6-30-89 and 2 years - Tenant Commissioner - Term Ending 6-30-87: Councilwoman
Kaywood nominated Jeannette Siegel, Tenant Commissioner.
Nominations were closed.
Councilwoman Kaywood moved to reappoint Jeannette Siegel to the Commission as
Tenant Commissioner for the term ending June 30, 1987. Councilman Roth
seconded the motion. MOTION CARRIED.
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City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
Councilwoman Kaywood nominated Margaret Patino as Housing Commissioner.
Nominations were closed.
Councilwoman Kaywood moved to appoint Margaret Patino to the Housing
Commission for the term ending June 30, 1989. Councilman Pickler seconded the
motion. MOTION CARRIED.
105: Industrial Development Board (4 years) Term Endin~ 6-30-89: Councilman
Roth nominated Allan Hughes.
Nominations were closed.
Councilman Roth moved to reappoint Allan Hughes to the Industrial Development
Board for the term ending June 30, 1989. Councilman Pickler seconded the
motion. MOTION CARRIED.
105: Library Board (4 years) Term Endin$ 6-30-89: Councilman Overholt asked
that the matter be continued until the next meeting when there would be a full
Council. There were also some matters pending on which the City Attorney was
working that might bear on the appointment.
Councilman 0verholt moved to continue the appointment to the Library Board to
August 6, 1985. Councilman Roth seconded the motion. MOTION CARRIED.
105: Plannin$ Commission (4 years) Term Endin$ 6-30-89: Councilman Pickler
nominated Leonard Lawicki; Councilman Roth nominated Bill Taormina; Councilman
Overholt nominated Bob Messe.
Nominations were closed.
Councilman Pickler moved to appoint Leonard Lawicki to the Planning Commission
for the term ending June 30, 1989.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
NOES: COUNCILMEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
Mr. Lawicki was, therefore, appointed to serve as Planning Commissioner for
the term ending June 30, 1989.
A roll call vote was then taken on the nomination of Bill Taormina.
AYES: COUNCIL MEMBERS: Bay and Roth
NOES: COUNCIL MEMBERS: Pickler and Overholt
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
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City Hall, Anaheim, California - COUNCIL MINUTES - JULY 9~ 1985, 10:00 A.M.
Mayor Roth asked the City Attorney his next course of action.
Jack White, Acting City Attorney, explained the Council was voting on an
appointment rather than a motion considering two appointments from three
names. A vote had been taken on an appointment that failed to carry by a tie
vote. The Council policy that would, on a motion, count as an abstention in
favor of that motion would not be applicable because there was no motion on
the floor. The Council could then move on to the next name.
The Mayor asked for a roll call vote on Bob Messe:
AYES: COUNCIL MEMBERS: Kmywood, Pickler and Overholt
NOES: COUNCIL MEMBERS: Roth
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
Mr. Messe was thereupon appointed Planning Commissioner for the term ending
June 30, 1989.
105: Public Utilities Board (4 years) Term Ending June 30~ 1989: Councilman
Roth nominated Ken Keesee; Councilman Pickler nominated Dale Stanton;
Councilman Overholt nominated Richard Haynie.
Nominations were closed.
Councilman Overholt moved to reappoint Ken Keesee, Dale Stanton and Richard
Haynie to the Public Utilities Board for the term ending June 30, 1989.
Councilman Bay seconded the motion. MOTION CARRIED.
105: Senior Citizens Commission (3 years) Term Ending June 30~ 1988: Mayor
Roth asked the status of Irving Willing; Councilman Pickler stated that he did
not believe that Mr. Willing wanted to continue serving.
Councilman Pickler nominated Herb Eggett; Councilman Roth nominated Estelle
Nichols.
Nominations were closed.
Before action was taken, Councilman Bay stated he did not realize there was an
opening on the Senior Citizens Commission until now.
Councilman Overholt moved to continue appointments to the Senior Citizens
Commission to August 6, 1985. Councilman Bay seconded the motion. MOTION
CARRIED.
Before concluding, Councilman Overholt wanted to be certain that letters would
go forward particularly to those individuals who had been serving on boards or
commissions who would not be continuing to serve expressing the deep
appreciation of the Council for their service and in some instances many years
of service to the Anaheim community. Appointment time was always difficult
and he weighed heavy with the burden of decisions he made today which he felt
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Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
were in the best interest of the City. He expressed the Council's
appreciation to those who served in the past on behalf of the citizens in the
community.
105: Project Area Committee: Gary Masciel, Chairman, requesting renewal of
the Charter for the Project Area Committee, confirming reappointment and re-
election of current members; and appointments to fill two vacancies, of
appointed members. One elected member vacancy still exists. This matter was
continued from the meeting of June 25, 1985.
Jack White, Acting City Attorney, explained for Councilman Bay that it was not
actually renewing a Charter but a provision under the Health and Safety Code
empowering the creation of the Project Area Committee (PAC). It is not a
Charter in terms of a City Charter and the motion should be to authorize
continuance of the PAC for the one year term.
MOTION: Councilwoman Kaywood moved to authorize continuance of the Project
Area Committee for a one-year term. Councilman Pickler seconded the motion.
MOTION CARRIED.
Councilman Roth moved to confirm reappointment and election of current PAC
members to expire June 30, 1986. Councilman Pickler seconded the motion.
MOTION CARRIED.
City Clerk Sohl confirmed that there were no new applicants for appointment as
new members of PAC; Councilwoman ~aywood suggested that PAC submit
recommendations although the Council would not be bound by those
recommendations.
Councilman Pickler suggested that additional advertising of the vacant
positions be initiated.
Councilman Roth moved to continue appointments of new members to the Project
Area Committee to August 6, 1985. Councilman Pickler seconded the motion.
MOTION CARRIED.
105: MOTHER COLONY HOUSE ADVISORY BOARD: Councilman Overholt stated it was
his understanding there was some vacancies on the Board or people not
presently serving. He asked that appointments to the Mother Colony House
Advisory Board be scheduled for the Council Meeting of August 6, 1985 and to
inquire relative to the intention of present members. He understood also that
there was difficulty in getting a quorum and there may be some vacancies.
105: ORANGE COUNTY HEALTH PLANNING COUNCIL: Councilwoman Kaywood noted the
vacancies of delegate and alternate to the Orange County Health Planning
Council.
Councilman 0verholt moved to continue the appointment of a delegate and
alternate to the Orange County Health Planning Council to August 6, 1985.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
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City Hall~ A~abeim~ California - COUNCIL MINUTES - JULY 9~ 1985, 10:00 A.M.
108: APPLICATION FOR ENTERTAINMENT PERMIT - THE DISTILLERY: Approving an
application for an Entertainment Permit submitted by Gilbert G. Georis, for
The Distillery, 1652 West Lincoln Avenue, to permit entertainment on Thursday,
Friday and Saturday, from 6:00 p.m. to 2:00 a.m., in accordance with the
recommendations of the Chief of Police.
MOTION: Councilman Roth moved to approve an application for an Entertainment
Permit submitted by Gilbert G. Georis, for The Distillery, 1552 West Lincoln
Avenue, to permit entertainment on Thursday, Friday and Saturday, from 5:00
p.m. to 2:00 a.m., in accordance with the recommendations of the Chief of
Police. Councilman Pickler seconded the motion. MOTION CARRIED.
170: TRACT NO. 10408 - REQUEST FOR DELETION OF SIDEWALKS: Prado Corporation
and homeowners requesting deletion of requirement for sidewalks in Tract No.
10408 located in Anaheim Hills. Submitted was reported dated July 1, 1985
from the City Engineer recommending a review of the request and report dated
June 20, 1985 from the Risk Manager giving extensive input on the issue.
Mayor Roth noted that there were a number of citizens in the audience on the
matter. He asked if they were aware of the staff recommendation which led to
denial of the request by the City Engineer.
Mr. Chuck Finkbiner, prospective home owner, Lot 7, Tract No. 10408, was aware
of the staff recommendation.
The Mayor asked the City Attorney to review the matter which he understood was
that the developer agreed to install sidewalks and was now requesting a waiver
of the requirement and the homeowners also wanted the sidewalks deleted but if
the City agreed to such a waiver, this would increase the City's risk of
liability.
Jack White, Acting City Attorney, confirmed the Mayor's understanding. There
were instances where the City had been requested to approve the deletion of
certain public improvements in order to maintain a rural atmosphere where the
waivers later ended up involving the City in rather substantial litigation as
a result of injuries because such improvements were not installed. His office
agreed with the concerns of the Risk Management Department. The only possible
way the matter should even be considered for approval would be if the
individual home owners agreed to record a covenant against the property that
would hold harmless and indemnify the City against any injuries, one that
would run with the property. There was, however, no guarantee the City would
not be subject to litigation and end up paying substantial costs from injuries
that could occur if sidewalks were not installed.
Councilwoman Kaywood added that in the past when the City had granted similar
requests, a few years later when properties changed ownership, the residents
would come to the City and ask the Council how they could not have required
streets or sidewalks. If the deletion were granted, she would want to have
the bond remain for at least 3 years so that it would not be the City's
responsibility to install the improvements.
521
238
City Hall, Anaheim, California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
Dave Teetor, prospective homeowner, lot 8, stated he did not feel the
geographic terrain of the tract had been considered which involved a very
steep street and a unique cul-de-sac where youngsters would ride skateboards
and big wheels down the sidewalks. In making the 90 degree turn where there
was a handicap ramp, the youngsters were going to end up in the street. The
soil was also very expansive and he questioned what would happen to sidewalks
installed on expansive soil.
Tom Vance, Risk Manager, first referred to his comprehensive report of
June 20, 1985. He reiterated it was his professional opinion if the sidewalks
were eliminated, the City could be exposed to additional liability it would
not have if the sidewalks were in place. He stated in answer to the Mayor
that he had not personally been out to view the property in question but would
be happy to do so and get a written report. Councilman Roth suggested that a
continuance was in order.
Mr. Finkbiner asked if some provision could be made in the meantime so that
the homeowners could take possession of their property.
Mr. White stated there was a performance bond in place requiring installation
of the sidewalks and the City would not release occupancy until all
improvements were in. Legally the City could, if the Council desired,
instruct the Engineer to release the occupancy for the homes. The City would
still have the bond and it would be with the developer's written agreement
that in the event the sidewalk waiver was not granted, the sidewalks would be
constructed and the City would have the bond to guarantee the installation.
However, he did not feel this was the preferable way to handle the matter.
Adrain Mehan, prospective homeowner, Lot No. 5, explained that the Teetors had
already been living in a motel for almost a year and they (Mehans) were
presently house sitting while trying to find a place to live with two children
and a dog and had been unsuccessful.
City Manager William Talley stated if the homeowners were agreeable, he would
have staff go to the area as soon as possible today and he would be prepared
to make a recommendation approximately 3:30 or 4:00 p.m.
By general Council consent the subject request was trailed to later in the
meeting (11:15 a.m.).
Later in the meeting (4:15 p.m.) Mr. White announced that the Risk Manager had
been to the area for a firsthand look and, further, other information had also
come to light about which Council should be informed. He deferred first to
Mr. Vance.
Mr. Vance reported that he and Mr. Titus from Engineering went to the area,
met with the homeowners, looked at the street and discussed the concerns and
also looked at other streets in the ~mmediate surrounding areas referred to by
the homeowners. As a result of their investigation, he did not see anything
to change his opinion rendered in his opinion to the City Engineer. He had no
doubt the City's liability would be increased should the waiver be granted vs.
not granting it.
522
City Hall, Anaheim, California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
After additional discussion with Mr. Vance during which he elaborated further
on the reasons for his recommendation, Mr. White reported that the property
was originally owned and subdivided by another developer prior to Prado and as
a condition of approval of the Tentative Tract map, it was required that all
street improvements, including sidewalks, be installed and bonded for. The
bond was posted by the previous developer but subsequently the developer went
bankrupt and the property was transferred to Prado who obtained building
permits to build the homes. The Anaheim Municipal Code provides that prior to
obtaining occupancy permits, the owner has an obligation to comply with all
improvement requirements. At present the City had an existing bond to assure
installation of the sidewalks. Since the principal was insolvent, the City
would not be able to recover anything from that developer but from the bonding
company. Prado was also in a statutory obligation in that, prior to issuing
occupancy permits, they would be obligated to install the sidewalks. The
Council could provide that occupancy could be taken of the 8 homes upon the
execution of an agreement by Prado or 8 individual homeowners to be secured by
an additional bond to guarantee the sidewalks would be installed. Once the
occupancy permits were issued, Prado would technically be off the hook from
any obligation unless there was a separate agreement with them or anybody to
do so. The only alternative left would be to look to the bonding company, and
if the company took a negative attitude, the City would then install the
sidewalks and sue the company. He was still in concurrence that the sidewalks
should be installed.
Mr. Finkbiner stated since the meeting with Mr. Vance and Titus, he contacted
the President of Prado, Mr. Upton, who had taken the position that Prado is
not the developer but only the builder and had no funding to install
sidewalks. Last week he and Mr. Teetor contacted the Crocker lending
institution because they were concerned about the financial solvency of
Prado. If they were not able to close escrows within the next 10 working
days, the builder of the properties would probably walk away from them and
Crocker would then own the properties.
Extensive discussion followed relative to the situation as explained by Mr.
Finkbiner wherein Councilman Overholt expressed concern that there was a great
deal more to the issue than originally was apparent.
Gary Johnson, City Engineer, reported that the improvements that were pending
were the final cap on the street, street lighting and sidewalks.
MOTION: Councilman Bay moved to deny the request for deletion of the
sidewalks.
Before action was taken, Mr. Peter Christopolis, prospective homeowner, lot 3,
reported in March, he asked Mr. Upton about the street, who said there was a
bond by the original developer to the City. He suggested that if possible
that they be allowed occupancy so that escrows could close.
Mr. White stated the best suggestion he heard thus far was the motion on the
floor which would remove the item from the Council agenda and put it where it
belonged, as a civil matter.
523
City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 9, 1985~ 10:00 A.M.
Councilman Overholt seconded the motion but added it was with great sympathy
for the position the potential homeowners found themselves in.
Before a vote was taken, Mayor Roth again reiterated his concern and the
concern of the Council for the potential homeowners who were laboring under
the hardship and inconvenience involved with not being able to occupy their
new homes.
A vote was then taken on the foregoing motion. MOTION CARRIED.
170: FINAP MAP - TRACT NO. 10967: Developer, Boulevard Development; tract is
located at the southwest corner of Nohl Ranch Road and Stage Coach Road and
contains 49 proposed RM-3000(SC) zoned lots.
On motion by Councilman Pickler, seconded by Councilwoman K~ywood, the
proposed subdivision together with its design and improvement was found to be
consistent with the City's General Plan and the City Council approved Final
Map, Tract No. 10967 as recommended by the City Engineer.in his memorandum
dated June 28, 1985. MOTION CARRIED.
170: TENTATIVE TRACT NO. 1098S--SPECIFIC PLANS: Application submitted by
Prado Corp. and Salkin Engineering requesting approval of specific plans for
Tract No. 12147, located on the southeast side of Serrano Avenue, northeast of
Hidden Canyon Road.
The City Planning Commission approved specific plans for Tentative Tract No.
10985. This matter was submitted for informational purposes only. No action
taken by the Council.
170: TENTATIVE TRACT NO. 10975 (REV. 2)--EXTENSION OF TIME: Application
submitted by Gunston Hall Co., Inc., requesting a one-year extension of time
to Tentative Map No. 10975 (Rev. 2), a proposed RM-2400(SC) subdivision
located southwesterly of the intersection of Nohl Ranch Road and proposed
Stage Coach Road (Anaheim Hills - Area 19).
The City Planning Commission approved an extension of time to Tentative Tract
No. 10975 (Rev. 2) to expire August 22, 1985. This matter was submitted for
informational purposes only. No action taken by the Council.
170: TENTATIVE TRACT NOS. 10969~ 10970~ 10971, 10972~ 10973~ 10974~ 10976,
10977 (Rev.2)--EXTENSIONS OF TIME: Application submitted by Gunston Hall Co.,
Inc., requesting one-year extensions of time for Tentative Tract Nos. 10969,
10970, 10971, 10972, 10973, 10974, 10976 and 10977 (Rev. 2), proposed
subdivisions located southwesterly of Nohl Ranch Road between the intersection
of Nohl Ranch Road with Canyon Rim Road and Serrano Avenue.
The City Planning Commission approved extensions of time to Tentative Tracts
No. 10969, 10970, 10971, 10972, 10973, 10974, 10975, 10977 (Rev.2) to expire
August 22, 1986. This matter was submitted for informational purposes only.
No action taken by the Council.
524
City Hall, A~aheim~ California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
179: ORDINANCE NOS. 4624 THROUGH 4628: Councilman Pickler offered Ordinance
Nos. 4624 through 4628, both inclusive, for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4624: 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. 83-84-31, CO, 250 East Ball Road.) (from
RS-A-43,000 and RS-5000)
ORDINANCE NO. 4625: 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. 65-66-24(32), ML, 3901 East Coronado Street.)
(from RS-A-43,000)
ORDINANCE NO. 4626: 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. 79-80-25(4), RM-3000(SC), southwest of Nohl Ranch
Road, north of City limits.) (TT 10973)
ORDINANCE NO. 4627: 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. 82-83-4, RM-1000, 2925 West Lincoln Avenue,
Lincoln-Beach Mobile Manor Park.) (from RM-1200, CL and RS-A-43,000)
ORDINANCE NO. 4628: 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. 84-85-10, RM-1200, 1235 East Lincoln Avenue.)
(from CL)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance Nos. 4624 through 4628, both inclusive, duly
passed and adopted.
142: ORDINANCE NO. 4629: Councilwoman Kaywood offered Ordinance No. 4629 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4629: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
SECTIONS, CHAPTERS AND TITLES OF THE ANAHEIM MUNICIPAL CODE RELATING TO
OFFICERS AND DEPARTMENTS. (Amending Chapter 1.04 of the Code)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4629 duly passed and adopted.
525
City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 9~ 1985~ 10:00 A.M.
179: ORDINANCE NO. 4630: Councilwoman Kaywood offered Ordinance No. 4630 for
first reading.
ORDINANCE NO. 4630: 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 of the Code, Reclass. 84-85-38, OS(SC), approx. 1.1 miles
southeast of the intersection of Weir Canyon and Riverside Freeway.) (Oak
Hills Ranch) (from Orange A-i)
114: COMMENTS ON THE RECENT FIRE AT THE FRICKER COMPAN~f: Councilwoman
Kaywood stated on June 26, 1985, three Council members met with Lieutenant
Governor McCarthy at the command post and also with a gentleman from the Red
Cross who hold her what a fantastic job Anaheim's fire team had done and that
their training was superior. He had only the highest praise for the City's
team and their professionalism as well as for the Red Cross volunteers in the
City. She added her praise as well.
Councilman Overholt stated that the Lieutenant Governor, when the Council was
on the scene, expressed a strong personal and continuing interest and asked to
be kept informed on a daily basis as to progress in terms of recommending
potential State legislation that might avoid the same situation in the
future. Two weeks ago he had commended City Manager Talley and his staff on
reacting to an emergency situation in a very professional and timely manner.
Mayor Roth asked if not already in process, that letters of thanks be sent to
the various agencies who assisted in the fire.
114: UPDATE OF CITY LIMIT SIGNS: Councilman Pickler asked that all Anaheim
City limit signs be updated with the City's current population figure.
114/139: Legislation Adopted - AB1075: Councilman 0verholt stated he was
pleased to report that what he had titled the "Herb Leo Bill" had become law
under AB1075 on June 25, 1985, and would be effective January 1, 1986. He
then recounted the background leading up to the passage of the legislation
which started when he refused to vote for Mr. Leo's reappointment to the
Redevelopment Commission since, at the time, he felt it was a subterfuge in
getting around a law that existed prohibiting the Redevelopment Agency or
Commission from having a property interest in the Redevelopment Project area.
The new bill would now allow members of the Redevelopment Agency and
Commission to acquire property interest in downtown Anaheim Redevelopment
Project Area for their place of business. He named and thanked all those
responsible for the successful passage of the bill.
114/144: EASTERN/FOOTHILL CORRIDOR STATUS UPDATE: Councilman Bay reported
that on Friday June 28, 1985, the cities and the County met and there seemed
to be thoroughly unified agreement of the members representing the cities that
they would go back to their councils and recommend that they approve the Joint
Powers Agreement (JPA) and planned actions and start the process to have the
necessary public hearings to implement the Fee Ordinance for the Corridor.
That information was submitted to the Council a week ago by staff. Yesterday
he received a report on the scoping meetings by the Environmental Management
526
OOl
City Hall, Anaheim, California - COUNCIL MINUTES - JULY 9~ 1985, 10:00 A.M.
Agency and that body now considered Anaheim's recommendation for Route 64 one
of the major alternates left. They were down to Route 64 and Route 68 in the
City of Anaheim area. He would recommend that the Council if it wanted to
discuss commencing staff action, to do so as soon as possible otherwise he
would like to see the staff start down the road on the necessary action to put
the Code in place and set up public hearings prior to doing so. Across July
and August, it was the intent of the cities able to move through the hearing
process to put the ordinance in place for the fees. Irvine had a ballot
initiative in process and consequently might be tied up until they had an
election. He then asked the City Manager if he had any comments on actions
the Council might need to take today since the City should be aiming to wrap
up by the end of August.
City Manager Talley stated he would prefer to have Mr. Fick answer that
question and he would contact him.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held with the City's attorneys to discuss the following items: (a) Pending
litigation pursuant to Government Code Section 54956.9(a), to wit: (i) Golden
West Baseball Company v. City of Anaheim, Orange County Superior Court Case
No. 40 92 46, etc.; (ii) Department of Water & Power of the City of Los
Angeles, Cross Complainant vs. City of Anaheim, et al, Cross Defendants, Case
No. SCV 225 301; (b) To consider personnel matters pursuant to Government Code
Section 54957; (c) To consider such other matters as are orally announced by
the City Attorney or City Manager prior to such recess unless such motion to
recess indicates any of such matters will not be considered in closed session;
(d) To meet with City Council designated representatives regarding labor
relations matters pursuant to Government Code Section 54957.5.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:45 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council members
being present. (1:50 p.m.)
179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460, 2461 AND 2462:
APPLICANT: Riviera Mobilehome Parks, (a joint venture), 300 West Katella
Avenue, Anaheim, CA.
ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of
Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned
property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story,
852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462,
to permit two 180-unit condominium towers.
Environmental Impact Report No. 262 relating to the subject conditional use
permits was certified by the City Council at their meeting of January 24, 1984
as being in compliance with the California Environmental Quality Act along
with the Statement of Overriding Consideration.
527
City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 9~ 1985~ 10:00 A.M.
HEARING SET ON:
Council meeting of February 28, 1984. Review requested by Councilman Pickler
and rehearing granted by the Council relative to certain requested amendments
at the meeting of April 3, 1984 and continued from the meetings of May 15,
June 5, July 24, October 9, November 27, December 18, 1984, February 12,
March 5, April 16, May 7, May 14, May 28, June 4, June 18 and June 25, 1985 to
this date (see minutes those dates).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 2, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
STAFF INPUT:
See Staff Report from the Planning Department/Planning Division dated
December 11, 1984 and February 26, 1985; Staff Report from City Attorney's
Office dated February 6, 1985 and April 8, 1985.
APPLICANT'S STATEMENT:
Floyd Farano, Attorney for the applicant, Riviera Mobilehome Parks project.
Two meetings are scheduled for tomorrow morning, one with attorneys for the
Fujishiges, commencing at 7:00 a.m. and the other at 8:00 a.m. with the
Liaison Committee with the hope that they will be able to conclude something
this week. He asked that the matter be continued to July 16, 1985.
Councilman Roth moved to continue the public hearing on Conditional Use Permit
Nos. 2460, 2461 and 2462 to Tuesday, July 16, 1985 at 1:30 p.m. Councilman
Pickler seconded the motion. MOTION CARRIED.
176: PUBLIC HEARING - ABANDONMENT NO. 84-14A: In accordance with application
filed by Prado Corporation, a public hearing was held on proposed abandonment
a portion of the original alignment of Hidden Canyon Road, southerly of
Serrano Avenue, with reservation of certain easements and provision for a Knox
Box device in the event a gate should be erected in the future pursuant to
Resolution No. 85R-120 duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
Report of the City Engineer dated April 29, 1985 was submitted recommending
approval of said abandonment subject to the followin£ conditions: (1)
Reservation of easements for public utilities, sewer and storm drain access;
(2) Reservation of an easement for Pacific Bell; (3) In the event at some
future time a gate should be erected for private use of the residents in the
area, a Knox Box device on the gate is to be provided for emergency use only
for the Fire Department.
Mayor Roth asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer also
determined that the proposed activity falls within the definition of Section
3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an
528
City Hall, Anahelm~ California - COUNCIL MINUTES - JULY 9~ 1985, 10:00 A.M.
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an ELR.
Councilman Pickler offered Resolution No. 85R-296 for adoption approving
Abandonment No. 84-14A subject to the conditions of the City Engineer. Refer
to Resolution Book.
RESOLUTION NO. 85R-296: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, VACATING A PORTION OF THE ORIGINAL ALIGNMENT OF HIDDEN CANYON ROAD,
SOUTHERLY OF SERRANO SUBJECT TO CONDITIONS OF THE CITY ENGINEER. (84-14A)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-296 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT NO. 84-17A: In accordance with application
filed by Meyer Investment Properties, Inc., public hearing was held on
proposed abandonment to a 7-foot wide sewer easement no longer in use on the
southeast corner of Harbor Boulevard and Broadway, pursuant to Resolution No.
85R-211 duly published in the Anaheim Bulletin and notices thereof posted in
accordance with law.
Report of the City Engineer dated May 6, 1985 was submitted recommending
approval of said abandonment.
Mayor Roth asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer also
determined that the proposed activity falls within the definition of Section
3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR.
Councilwoman Kaywood offered Resolution No. 85R-297 for adoption approving
Abandonment No. 84-17A. Refer to Resolution Book.
RESOLUTION NO. 85R-297: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING CERTAIN EASEMENTS NO LONGER IN USE ON THE SOUTHEAST CORNER OF
HARBOR BOULEVARD AND BROADWAY. (84-17A)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
529
230
City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 9~ 1985~ 10:00 A.M.
The Mayor declared Resolution No. 85R-297 duly passed and adopted.
170: PUBLIC HEARING - TENTATIVE TRACT NO. 10967 - WAIVER OF HILLSIDE GRADING
ORDINANCE: Approval was recommended by the Planning Commission at their
meeting of June 10, 1985.
STAFF INPUT:
Report from City Engineer dated May 23, 1985 recommending that the requested
waiver be granted.
Mayor Roth asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
MOTION: Councilwoman Kaywood moved to waive the lot line requirement on
Tentative Tract No. 10967. Councilman Roth seconded the motion. MOTION
CARRIED.
179: PUBLIC HEARING - RECLASSIFICATION NO. 84-85-31~ CONDITIONAL USE PERMIT
NO. 2678 AND NEGATIVE DECLARATION:
APPLICANT: Ta Tsun Lin and Hen-Jan Lin
7777 Beach Boulevard, Buena Park, Ca. 90620
ZONING/LOCATION/REQUEST: For a proposed change in zone from RS-A-43,000 to
CL, to permit a 75-unit, 3-story motel on property located at 705 South Beach
Boulevard, with Code waiver of minimum landscaped setback (denied).
PLANNING COMMISSION ACTION: Resolution No. PC85-122 approved the
Reclassification and PC85-123 granted the Conditional Use Permit, in part, and
approved EAR, negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of June 4, 1985.
PUBLIC NOTICE REQUAREMENTS MET BY:
Publication in Anaheim Bulletin June 27, 1985
Posting of property June 28, 1985
Mailing to property owners within 300 feet - June 28, 1985
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 13, 1985, also reporting
that revised plans had been submitted (Revision 1) showing deletion of the
previously requested waiver of the minimum landscaped setback and also a
change from 73 units to 71 units.
COUNCIL CONCERNS:
Councilwoman Kaywood.
The proposed units will be facing the homes of the adjacent Wind River
Condominium complex and will be impinging on their privacy along with noise
and traffic problems.
530
City Hall~ Anaheim, California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCILWOMAN KAYWOOD:
John Swint, agent for the applicant, 707 West North Street.
He first confirmed that the number of units is now 71. He has never asked for
any waivers or variances. The 10-foot landscaped setback that was requested
on the north is actually 12 feet and varies from 12 feet to 29 feet. He
offered to place the building on the other side of the lot. He had no
alternative but to leave it on the south side. The distances from the balcony
to the windows and doors of the condominium is 105 feet. Not only will the
windows be screened, but also the balconies and he had revised elevations to
show how that will be accomplished. He submitted a drawing showing the lines
of sight and another showing the proposed screening and angle of vision. At
the Planning Commission hearing it was requested that the window screening be
changed from the windows to the outside balconies and that is indicated on the
sheets submitted. He also submitted a list of the concerns expressed by the
homeowners dated May 10, 1985 which concerns were discussed with the
homeowners at a meeting held with them. Because of the screening, there was
no way that anyone from the motel could look out farther than the bottom of
the fence. The screening allows light and ventilation but obscures vision and
also screens any light that might shine from the building toward the
condominiums.
PUBLIC DISCUSSION:
Opposed: Evelyn Triboli, resident, Wind River Condominiums.
Her concerns were noise from the motel and privacy.
Prefers an office complex or business for this site which would have
routine hours.
Opposed:
Daniel Bernacki, 3047 CheryllynLane (Wind River Condominiums).
Opposed because this goes against assurances given him regarding the
future resale of the homes; also would add 71 motel rooms to create
a total of 650 between Orange and Ball.
Would add to the crime and prostitution problem in his area.
He voiced concern about the screening and potential crime due to
outside people being able to see into their property.
Traffic problem exists when exiting from condominiums going north on
Beach Boulevard.
Opposed:
Don Toettcher, 3048 CheryllynLane (Wind River Condominiums).
The issues are security, peace of mind, noise level and crime.
Also, the City should be concerned about their investment, the Wind
River Project having been an affordable complex approved by the City.
Opposed:
Cindy Stanaker, 3024 Cheryllyn Lane, President,Wind River
CondominiumAssociatlon
(Also see her extensive testimony given at the Planning Commission
hearings of May 13 and April 15, 1985 and her letters of May 31,
1985 to the City Council and April il, 1985 to the Planning
Commission as well as petitions in opposition previously submitted.)
The City approved of the condominium project with a number of
variances, density bonus, parking waivers, and landscape setback
waivers.
531
City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 9~ 1985~ 10:00 A.M.
The motel will be facing the residents and visible from their living
rooms, kitchens and entryways. The proposed trees will not screen a
three-story building.
Parking is within 20 feet of their homes, resulting in noise and
exhaust fumes.
The homeowners would be in favor of almost anything, but a motel is
unacceptable since prostitution is presently a problem in the area.
The building will also overlook their pool and they are concerned
about their privacy.
Traffic is also a problem. The batting cages on the other side of the
property draw big crowds and they do not have sufficient parking and
people park all the way down on Beach Boulevard.
There are a lot of children in the condominiums and the only sidewalk
is adjacent to the property.
A precedent will be set since this is the only place where the front
of a motel will face residential.
PUBLIC DISCUSSION - IN FAVOR:
None.
EXHIBITS, MATERIALS SUBMITTED:
Pictures showing the present view from the condominiums and the view
they will have if the motel is built, and photographs of 13 motels
within .3 of a mile totalling 583 rooms.
SUMMATION BY APPLICANT:
John Swint.
It is obvious that the residents would like the lot to remain as is.
Reference was made to the fact that the condominiums were able to be built
with variances and waivers. If the developer was allowed to build with
waivers and variances, his client has a right to build asking for nothing.
Relative to activity at night, from his experience after being in the business
for many years, most people are tired and Just want to retire. It was brought
out that there were 583 rooms in the area right now which makes it obvious
that the area is for motels or they would not be there. They have done
everything possible to assure no one can invade the privacy of the condominium
residents. The number of cars that will be generated is very small based upon
the number that travel up and down Beach Boulevard and he could not think of
any use that would have less than 71 cars. A motel will be much quieter than
any other business. He wanted to see evidence that the free enterprise system
still exists and that a man has a right to use his property as he sees fit if
he conforms to all codes and ordinances. In response to Council questioning,
he reiterated he offered to have the back of the motel facing the condominiums
with a space of 10 feet fully landscaped but they did not want that. Relative
to fencing, there are fences existing now between the properties that are 8
feet high on the north side.
COUNCIL ACTION:
The Mayor closed the public hearing.
532
City Hsll, ~sheim~ California - COUNCIL MINUTES - JULY 9~ 1985~ 10:00 A.M.
Councilwoman Kaywood.
She recalled the waivers and variances requested by Wind Rivers. Her concern
at that time was the location of the project and still is. To allow new
housing and then to allow a three-story motel immediately next door is not
enhancing the living environment. While the property is not going to remain
vacant, a three-story motel is not proper for the area or adjacent housing
development.
STAFF INPUT:
In response to Council questions, Ms. Santalahti reported that because of
grading on the north side, the fence is probably six feet, if measured from
the highest grade on one side which may be 8 feet on the lower side. The code
requirement for either side is a minimum six foot block wall measured from
the higher grade. She understood that what Councilman Pickler would like is
to verify there is an 8 foot block wall measured from the highest grade which
means that it might be higher on the lowest side so that either side will see
at least an 8-foot block wall. In that case, it would be appropriate that
Condition No. 14 be modified or another condition added to require that a
minimum 8-foot block wall shall be constructed along the north and west
property lines.
Additional discussion and questioning followed wherein Acting City Attorney
Jack White also gave input to the effect that the City could not legally
require the property owner to modify a fence over which he had no control
(Wind River Condominiums). Further, the high side of the fence would not be
allowed to be higher than six feet without variances. If the Council is going
to require that both sides of the fence be a minimum 8 feet, it is approving a
variance to the Code.
CHANGES TO PROPOSAL AS A RESULT OF COUNCIL CONCERNS:
None.
ENVIRONMENTAl. IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the City ~ouncil 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 sl§nlflcant effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 85R-298 for adoption approving
Reclassification No. 84-85-31 and Resolution No. 85R-299 granting Conditional
Use Permit No. 2678, in part. Refer to Resolution Book.
RESOLUTION NO. 85R-298: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING RECLASSIFICATION NO. 84-85-31 SUBJECT TO THE CITY PLANNING
COMMISSION CONDITIONS OF APPROVAL.
RESOLUTION NO. 85R-299: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2678.
533
226
City Hall~ Anaheim, California - COUNCIL MINUTES - JULY 9~ 1985~ 10:00 A.M.
Roil Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Bay, Pickler, Overholt and Roth
Kaywood
None
The Mayor declared Resolution Nos. 85R-298 and 85R-299, both inclusive, duly
passed and adopted.
179: PUBLIC HEARING - RECLASSIFICATION NO. 84-85-35 AND NEGATIVE DECLARATION:
APPLICANT:
Nelson and Dye Construction, Inc. and Robert M. and Marilyn L.
Shepard
269 East Coronado, Anaheim, California 92806
ZONING/LOCATION/REQUEST: For a change in zone from RM-2400 to RM-1200, to
construct a 12-unit apartment complex on property located at 533, 537 and 539
West Broadway.
PLANNING COMMISSION ACTION: Resolution No. PC85-126 approved Reclassification
No. 84-85-35 and E/R, negative declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of June 4, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 27, 1985.
Posting of property June 28, 1985.
Mailing to property owners within 300 feet - June 28, 1985.
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated May 13, 1985.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She is concerned with the density and is questioning why the project could not
be achieved within the RM-2400 zone. It is in the middle of a block which is
all RM-2400 and this is spot zoning which means the whole street will go that
way. Other people would feel they have a similar right to the more dense zone.
Annika Santalahti, Assistant Director for Zoning.
The proposal per dwelling unit has a land area of 1730 square feet. Current
zoning would require RM-2400 or over 600 square feet more thus falling between
the two zones. Current zoning is RM-2400. If changed, there could be a
precedent set for future decisions.
APPLICANT'S STATEMENT:
James Needham, 9492 Sanders Circle, Villa Park.
He described the uses already in place from the church on the corner of Citron
to Harbor Boulevard. He did not think anything he proposed would be
detrimental but beneficial to provide upgraded housing for the developing area
downtown.
534
City Ma!l~ Anaheim, California - COUNCIL MINUTES - JULY 9~ 1985~ 10:00 A.M.
PUBLIC DISCUSSION - IN FAVOR:
None.
PUBLIC DISCUSSION - IN OPPOSITION:
Nome.
COUNCIL ACTION:
The Mayor closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, 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 th~ 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 Roth offered Resolution No. 85R-300 for adoption approving
Reclassification No. 84-85-35 subject to City Planning Commission conditions.
Refer to Resolution Book.
RESOLUTION NO. 85R-300: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING RECLASSIFICATION NO. 84-35-35 SUBJECT TO THE CITY PLANNING
COMMISSION CONDITIONS OF APPROVAL.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MFR4BERS: None
The Mayor declared Resolution No. Resolution No. 85R-300 duly passed and
adopted.
123: SETTLEMENT AGREEMENT - GOLDEN WEST BASEBALL COMPANY: Mayor Roth stated
he was pleased to announce a settlement today of one of the key issues between
Golden West Baseball Company (California Angels) and the City of Anaheim. The
services dispute concerning charges for Stadium services for the 1984-85
season have been settled and the Angels have dropped the lawsuit against the
City. The Angels and the City still had many issues to resolve but all agreed
the first step towards doing so is the most important and thus a very
significant first step for both the Angels and the City. The California
Angels and owner, Gene Autry, have been extremely important to the growth and
the positive national recognition of Anaheim. Speaking for the Council, the
total City government, and particularly the City Manager, he is pleased about
the development and optimistic for the prospect of a cooperative and
harmonious future with the ball club.
535
City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 9, 1985~ 10:00 A.M.
MOTION: Councilman Roth moved that the City Council approve a settlement
agreement between the City of Anaheim and Golden West Baseball Company
(Angels) settling all claims in connection with Orange County Superior Court
Case 43-71-13. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
179: PUBLIC HEARING - RECLASSIFICATION NO. 84-85-17, VARIANCE NO. 3452 AND
NEGATIVE DECLARATION:
APPLICANT: William Richard Bamattre, et al.
24651 Seth Circle, Dana Point, California 92629
ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-1200, to
retain a second detached single-family residence on property located at 2902
West Ball Road, with the following Code waivers: (a) minimum number and type
of parking spaces; (b) minimum building site area; (c) minimum floor area; (d)
minimum side yard setback; (e) minimum rear yard setback.
PLANNING COMMISSION ACTION: Resolution No. PC85-127 approved Reclassification
No. 84-85-17 and PC85-128 granted Variance No. 3452 and approved EIR, negative
declaration.
HEARING SET ON:
Review requested by Councilwoman Kaywood at the meeting of June 4, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 27, 1985.
Posting of property June 28, 1985.
Mailing to property owners within 300 feet - June 28, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 13, 1985.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She is concerned with changing the zoning because the property is on the
corner of a residential street and questioned whether it could be under a
grandfather clause to allow the double use.
Annika Santalahti, Assistant Director for Zoning.
Construction on the property pre-existed annexation to the City. There were
no permits on the second residential unit and the only information staff could
find is that it had been an office use at that time and at some unknown date
converted to residential use but there was no evidence it was legally
converted to that use. The termination on the multiple family did tie in to
the fact that the property to the west has a resolution of intent to RM-1200
which has never been finalized. At the time that application was processed,
the variances sought were denied. The proposal would extend the multiple-
family zoning to the corner. It was an administrative decision in talking to
the petitioner that seemed an appropriate move to make. It is true it could
be another zone but with different waivers.
536
269
City Hall, Anaheim~ California - COUNCIL MINUTES - JULY 9, 1985~ 10:00 A.M.
Councilwoman Kaywood.
If this is a means of going to apartments, she did not want to see that
happen. If that is what the applicant wants, she would like it to be a
straight forward request. If it is just to retain the two existing homes, she
has a problem in giving apartment zoning.
APPLICANT'S STATEMENT:
William Bamattre.
It is not his intention to change to apartments. They acted on staff's
recommendations throughout the whole process and did not initiate the action.
They want to retain the two units. They had spent 3720 in fees already and
did not want to expend additional funds.
Extensive discussion followed between Councilwoman Kaywood and staff revolving
around the means of achieving what the applicant was requesting without going
to apartment zoning.
PUBLIC DISCUSSION - IN FAVOR:
None.
PUBLIC DISCUSSION - IN OPPOSITION:
None.
COUNCIL ACTION:
The Mayor closed the public hearing.
William Bamattre.
He asked if it was possible to keep the property under the present zoning and
get a legal, nonconforming variance for the property as is. He also clarified
that the permits on the second unit were once available but the plans were
destroyed by fire.
Annika Santalahti.
She confirmed for Councilwoman Kaywood, RM-5000 would require a parcel map on
the property and would cost Mr. Bamattre more money and the conditions would
be basically identical.
Jack White, Acting City Attorney.
It would be possible if the Council wanted to keep the existing zoning, that a
variance be approved. To allow the second unit to be retained would require a
variance from other provisions of the Code. He believed it was possible to
keep the existing zoning and legalize what is on the property but it could not
be done under today's public hearing. The variance would have to be
reprocessed and new notices sent out.
Annika Santalahti.
Answered Councilwoman Kaywood that the RM-3000 is the least dense
multiple-family zone and could be an action the Council could take to approve
the request and the change will be in the Code section numbers on the
resolution.
537
270
City Hall, Anaheim~ California - COUNCIL MINUTES - ~3LY 9, 1985, 10:00 A.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, 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.
Councilwoman Kaywood offered a Resolution approving RM-3000 zoning relative to
the Reclassification which was different from the request of the applicant and
also a resolution granting Variance 3452.
Before any action was taken, Mr. Bamattre explained he was not aware they were
building to the west and joined with the neighbors in opposition to the units
proposed. They understood the RM-1200 zoning had been denied or was pending.
They had no feeling they wanted to go for RM-1200 but now that the other
property had done so, if his property is subject to the same conditions, they
are getting a lesser zoning and it will hurt them if they sold the property.
They did not plan to build apartments. If they had a less dense zone, they
would still have to pay for everything connected with the change to the
RM-1200 zone.
Patricia Manoukian, co-owner.
Clarifying their position, when they bought the property, all they wanted was
to rent the two homes just as they are. When they received the staff report
showing all the expenses they were going to incur should the zoning change, it
has now been suggested that the zone be changed to a different one to keep the
two houses, but they would still be incurring all the fees. The initial
request was to keep the property as is with a variance to avoid all the fees
on a structure in existence prior to annexation. If the zoning is going to be
changed, if they had to do all the things required, they would want to have
the most advantageous zoning. If Council feels the zone should be changed,
they would be requesting RM-1200 but if they can leave the structures as they
are with a legal, non-conforming variance, they would be happy to go that
route. They have no plans to build or sell. They were requested to initiate
the action but were happy the way it was before.
A roll call vote was then taken on the proposed resolutions with RM-3000
zoning. AYES: Kaywood, NOES: Bay, Pickler, 0verholt and Roth.
Councilman Roth offered Resolution No. 85R-301 for adoption approving
Reclassification No. 84-85-17 to RM-1200 zoning and Resolution No. 85R-302 for
adoption granting Variance No. 3452 subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 85R-301: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING RECLASSIFICATION NO. 84-85-17 SUBJECT TO CITY PLANNING
COMMISSION CONDITIONS OF APPROVAL.
RESOLUTION NO. 85R-302: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3452.
538
267
City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Bay, Pickler, Overholt and Roth
Kaywood
None
The Mayor declared Resolution Nos. 85R-301 and 85R-302, both inclusive, duly
passed and adopted.
179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NO. 2652:
APPLICANT:
Shiran A. Damani, et al. (Prince Market)
1200 West Cerritos Avenue
Anaheim, California 92802
ZONING/LOCATION/REQUEST: To permit a convenience market with off-sale beer
and wine on RM-1200 zoned property located at 1200 West Cerritos Avenue.
PLANNING COMMISSION ACTION: Resolution No. PC85-34 denied Conditional Use
Permit No. 2652 (EIR - negative declaration approved by the Council on
April 2, 1985).
HEARING SET ON:
Rehearing on Conditional Use Permit No. 2652 was granted by the Council at
their meeting of May 7, 1985. (At their meeting of April 2, 1985, the Council
denied the Conditional Use Permit, Resolution No. 85R-131) This hearing was
continued from the meeting of June 11, 1985.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 30, 1985.
Posting of property May 31, 1985.
Mailing to property owners within 300 feet - May 31, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 4, 1985 (submitted
for the public hearing before the Planning Commission on February 4, 1985).
APPLICANT'S STATEMENT:
Floyd Farano, attorney representing Prince Market.
He first submitted photographs and data on the material he was going to
present. Their petition for reconsideration indicated additional evidence
would be presented relating to earlier discussions of the City Council. The
applicant is now stipulating to prepare a covenant in the event the
application is favorably acted upon as a condition of approval which will
prohibit the transfer of the property unless the Conditional Use Permit is
terminated. It is their intention to make the CUP one that is personal to the
applicant and not freely transferred to others. In excess of 600 people in
the neighborhood consider the applicant to be a very reliable person. The
applicant also wants to amend the application to request, in the event the
petition is granted, that it be granted for a period of one year, with a
renewal of a one year period so it can be reexamined by the Council to see if
it has brought about the problems suspected. He also submitted additional
539
g68
City Hall~ Anaheim~ California - COUNCIL MINUTES - JULY 9~ 1985~ 10,:00 A.M.
pictures of the Prince Market showing the present status of the premises
inside and outside. As of yesterday, Code Enforcement had no problems with
the business, the only exception being the cap that had not been put on the
block wall fence awaiting the outcome of the hearing today. He then briefed
the sheet submitted, a chronological sequence of events involving the subject
property at the southwest corner of Cerritos and Walnut commencing August,
1980 and also referred to minutes of the previous meetings where discussions
took place. After the in-depth historical overview, he reported that six
trucks have been in the area selling off the trucks catering to crowds of
people all day long and he had witnessed that happening. They are not legal
vehicles and are drawing business from Mr. Damani's establishment. The City
has tried to do something but because of legal technicalities has been unable
to do so.
There is also a person present today who is going to report that she has
witnessed sales of contraband items from the trucks and the ice cream trucks
that are in the neighborhood. Relative to why beer and wine is so important
for Mr. Damani's business, there is a higher level of profit and it is an
attraction for people shopping, wanting to buy all their items in one store.
It is a convenience to people in the area especially those who do not have
vehicles and who are single parents. That license will enable Prince Market
to become a profitable and continuing business and without it will fail.
PUBLIC DISCUSSION - IN FAVOR:
Michel Presutti, 1226 West Cerritos.
The residents like to go to stores nearby, this is a convenience for everybody
who lives around it.
She has known Mr. Damani since before he opened. As for the trucks and the
contraband sold, she has seen it and knows people who get it. These trucks
also park in the alleys.
Beer and wine will help to keep the store. More people will trade at the
store and less people will buy off the trucks.
Beer and wine has been sold off the trucks.
Carlene Johnson~ 1530 South Ninth Street.
The store has items everyone buys but beer and wine is a necessity since it
will bring in more money and enable the store to stay in business.
Catherine Robinson, 1530 South Nine Street.
A beer and wine license would be an asset at this store.
The store has eliminated gang-related activities and, Mr. Damani has been an
asset.
Guest relations at Disneyland Hotel send their guests to Prince Market.
Floyd Farano.
There are records of people coming from all the motels around the area. The
store does serve a useful purpose. Business is better at this time because
54O
City Hall, Anaheim, California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
people come from Kampgrounds of America, Inc., hotels and motels. It seems
difficult for some people to comprehend that beer and wine can be that
sustaining, but it is. This is an attempt to recapture business with a
product that is considerably more profitable than other products in the store.
Councilman Bay.
He was interested in the information relative to the six trucks operating in
the neighborhood selling beer and wine, contraband, possibly drugs and then
the conclusion reached that the operation is putting Mr. Damani out of
business. He asked if it would solve Mr. Damani's problem of staying in
business if the City found some way to enforce the law and do something about
the trucks in the neighborhood without allowing beer and wine.
Floyd Farano.
The reduction in gross business can be traced directly to the time when the
trucks became active. He has witnessed the sales activities of the trucks
except for contraband items and has dates, times, places and license numbers
and will appear as a witness to that effect if necessary. It is an illegal
operation and should be stopped.
PUBLIC DISCUSSION:
Opposed: Maryann Cornelius, 1658 Mills Lane.
Two houses on the south side of Cerritos have put up iron bars.
crime rate is well known in that area.
The
With the beer and wine license will come a possible lottery license
since most people that have beer and wine sales will be granted such
a license.
There are three schools in the area and all the kids walk by the
store.
She did not think that Kampgrounds brought in extra business to the
store as they have their own convenience store.
Opposed:
Carol Van Houten, 1585 Mills Lane.
As Captain of the Neighborhood Watch on her street, she is aware the
whole street is opposed.
There is a Stop and Go on the corner (Cerritos and Euclid) where
beer and wine can be purchased.
The area has severe problems as it is where the City could get
involved relative to health and sanitation.
Their homes are in the Loara District and the people took great
pride in their property. It covered a large area where thousands of
signatures in opposition could be gathered.
541
Ctt~ Hall, Anaheim, California - COUNCIL MINUTES - JULY 9, 1985, 10:00 A.M.
Opposed:
Esther Thomas, 1361 West Cerritos.
The residents of Pepperwood Village would be opposed to any
conveyance of the CUP to future owners if the request was granted.
The place now is a nocturnal hangout with people sitting and
drinking and eating.
The Board of Directors of Pepperwood submitted a letter in an
earlier hearing maintaining the decision of the Pepperwood Village
Homeowners that they did not want it, disapproved of it and feel it
will be adding another problem to what was already existing in the
area.
They do not disapprove of the market but are opposed to the sale of
beer and wine.
On two separate occasions, she saw cars going north, entering the
market from Walnut Street to avoid the light at Cerritos and exiting
out onto Cerritos which is a dangerous situation of children and
adults.
SUMMATION BY APPLICANT:
Floyd Farano.
Lottery licenses have nothing to do with beer and wine. They had evidence
that people from Kampgrounds did come to the store. Two of the speakers were
talking more about an areawide situation and they lived in excess of 1/2 mile
away, near Cerritos and Euclid. The zoning on the property is confused at
this point and the uses to which the property could be put are overwhelmingly
bad. It would be beneficial to try to perpetuate the store's existence
because when it is no longer there the problem is going to get worse. He
reiterated the proposal previously made should the Council approve the CUP
relative to the covenant and the one year approval and review.
COUNCIL ACTION:
The Mayor closed the public hearing.
Councilman Pickler offered Resolution No. 85R-303 for adoption denying
Conditional Use Permit No. 2652. Refer to Resolution Book.
RESOLUTION NO. 85R-303: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2652.
Before a vote was taken, Mayor Roth stated he felt the area is seriously in
need of upgrading, and they needed to do everything possible to support
improvement of that community. In this case, if they approve the request, it
would be aiding and abetting a bad situation.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
542
City Hall, Anaheim, California - COUNCIL MINUTES - JULY 9~ 1985, 10:00 A.M.
The Mayor declared Resolution No. 85R-303 duly passed and adopted.
Councilman Pickler.
The City wanted to give Prince Market every opport6nity to succeed and since
the trucks in the area selling merchandise are a detriment, he requested that
staff investigate what can be done to eliminate those trucks.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session
to conclude the balance of items scheduled for discussion. Councilwoman
Kaywood seconded the motion. MOTION CARRIED. (4:40 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:48 p.m.)
153/112: APPOINTMENT OF CITY ATTORNEY: Councilman Bay moved to appoint Jack
White (Acting City Attorney) City Attorney of the City of Anaheim at a salary
of 375,465 annually. Councilman Roth seconded the motion. MOTION CARRIED
unanimously.
129/153: APPOINTMENT OF PROVISIONAL FIRE CHIEF: Councilman Roth moved to
approve the temporary provisional appointment of Darrel D. Hartshorn as Fire
Chief of the City of Anaheim, effective July 12, 1985. Councilman Bay
seconded the motion. MOTION CARRIED.
Present Fire Chief Bob Simpson will be l~aving that post to oversee the
operations at the Convention Center, Stadium and Golf Courses until a
permanent replacement is found for Mr. Tom Liegler who resigned the post to
take a similar position in San Diego.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED. (5:50 p.m.)
LEONORA N. SOHL, CITY CLERK
543