1993/11/16City Hall r Anaheim, California - COUNCIL MINUTES - NOVEN~ER 16, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT.'-
PRESENT.'
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White '
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
UTILITIES GENERAL MANAGER: Edward Aghjayan
ELECTRICAL ENGINEERING MANAGER: Jafar Taghavi
ZONING DIVISION MANAGER: Greg Hastings
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim 'City Council was
posted at 3:45 p.m. on November 12, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the workshop portion of the meeting of November 16, 1993 to
order at 3:10 p.m., all Council Members being present.
City Manager James Ruth. Today's workshop will be a status update on the
City's Utilities Undergrounding program to be presented by the Public
Utilities General Manager, Ed Aghjayan and his staff.
175: UTILITIES UNDERGROUNDING CONVERSION PROGRAM AND FUNDING.
Mr. Ed Aghjayan, Public Utilities General Manager. He gave a progress summary
of the program from July 19, 1990 to date, reporting that $9.1 million has
been spent on the program thus far. (Mr. Aghjayan's presentation was
supplemented by slides, the data sheets of which were submitted to the Council
in hard copy and were briefed individually.) Slides were also shown of those
streets/areas where undergrounding has already been completed, both before and
after views, which in all cases presented a dramatic positive visual impact.
The presentation covered an update of the current 5-year Underground Plan
giving the status of the current plan (FY 1992/93 to 1996/97) which now
consists of 13 projects. The current plan is $48 million vs. the previous
$45 million and is fully funded to the extent of the utility undergrounding
formula. The rate proposal for undergrounding will be on the Council agenda
of November 30, 1993. He then addressed each of the projects in the program,
cost and status, underground revenues from all sources, the criteria used in
determining new projects and also discussed alternative projects (10) that
they would like to add when additional funds are available.
During the course of his presentation, questions were posed by Council Members
which were answered by Mr. Aghjayan and Mr. Jafar Taghavi, Electrical
Engineering Manager. Council Member Pickler was particularly concerned with
the undergrounding schedule for the commercial/recreation area and the time
frames questioning why some other projects preceded those in the C-R Area
which he felt were of great importance to the City.
Mr. Aghjayan explained when they devised the plan, it was a city wide plan and
not concentrated only in the C-R Area. Since the program is funded by all
rate payers, there is the need to have a city-wide perspective. The projects
are planned so that they will be coordinated with any Public Works projects
taking place in the same areas.
Mr. Aghjayan then explained for the Mayor that on the Council agenda of
November 30, 1993 will be the funding formula for the underground program.
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City Hallr Anaheim, California - COUNCIL MINUTES - NO _V~M~_~ ER 1.6, 1993 - 5:00 P.M.
The recommendation from the Public Utilities Board (PUB) is a 2% increase on
January 1, 1994 and 1% on January 1, 1995. That will bring the program to the
4% level of funding that was envisioned when the Council adopted the plan and
will y~eld the $48 million. The 2% will be spread across the board to all
customers. They have spent more money on the first two years than allowed but
borrowed short-term funds with the anticipation of the funding coming down the
road.
Mayor Daly. He feels that Mr. Aghjayan and his staff have done a great job
balancing all the competing priorities. It is magnificent to see the before
and after comparisons. The five-year plan is very exciting and long overdue.
He is certain he speaks for all of the Council in terms of how impressed they
are with the results of the program which was started a couple of years ago.
He thanked Mr. Aghjayan, his staff and the Public Utilities Board as well as
the Undergrounding Subcommittee. It is turning out better than hoped as well
as being on time and under budget and capturing all the opportunities to
coincide with Redevelopment and all the other Public Works projects taking
place.
Council Members all concurred with sentiments express by Mayor Daly and
expressed their own commendations as well.
RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session
to consider the following items:
a. To confer with its Attorney regarding 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; Anaheim Stadium Associates vs.
City of Anaheim, et al., Orange County Superior Court Case No.
44-81-74.
DeSantiago vs. City of Anaheim, et al. Orange County Superior
Court Case No. 70-31-29.
Adams International Metals Corp. et al, vs. City of Anaheim,
Orange County Superior Court Case No. 69-97-13.
Yoder, et al., vs. City of Anaheim, et al, Orange County Superior
Court Case No. 64-34-90.
b. To meet with the City's Real Property Negotiator concerning
acquisition or disposition of certain real property interests for
property located generally at Douglass Road, owned by Herb
Douglass and Ted Douglass.
c. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code
Section 54957.6.
d. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b) ( 1).
f. To consider and take possible action upon such other matters
as are orally announced by the City Attorney, City Manager,
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City Hall, Anaheim, Californi& - COUNCIL MINIFTES - NO--ER 16, 1993 - 5:00 P.M.
or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in
closed session.
By general consent, the Council recessed into Closed Session. (3:45 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:47 p.m. ).
INVOCATION: Dr. Jarrell Garsee, Anaheim First Nazarene Church, gave the
invocation.
FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
114: COUNCIL REORGANIZATION - MAYOR PRO TEM:
In accordance with Council Policy 111, the Council shall reorganize and
designate Fred Hunter as Mayor Pro Tem.
MOTION: Council Member Daly moved to formally designate Council Member Fred
Hunter as Mayor Pro Tem for one year to the reorganization date in November,
1994. Council Member Simpson seconded the motion. MOTION CARRIED.
119: PRESENTATION - KIDS IN ACTION B~D RIBBON WEEK;
Mark Deven, Recreation and Community Services Superintendent, explained that
Kids in Action week is celebrated every year and this year they worked very
closely with the Anaheim Chamber of Commerce. It is the City's Gang and Drug
Prevention program for kids 5 to 12. He first introduced a youngster,
Daniel Casillas who presented his thoughts on avoiding gangs and drugs through
a RAP song presentation. Mr. Deven then awarded certificates to the many
youngsters from various City schools who were winners in the essay, poster and
bookmark categories.
Mayor Daly and Council Members personally congratulated each of the youngsters
for their fine work and commended this very valuable community program.
119: PRESENTATION - PLANNING DEPARTMENT - R~CIPIENT OF 1993 STATEWIDE LEVEr
ADVOCACY PLANNING AWARD:
Recognizing the Planning Department as the 1993 recipient of the statewide
level Advocacy Planning Award from the American Planning Association; and to
recognize property owners, residents, and city staff responsible for the
formation of the Avon-Dakota-Eton Neighborhood Association.
Joel Fick, Planning Director. It is an honor and privilege to share with the
Council the award the City recently received and to introduce staff members,
landowners and residents that were key in making this project so successful.
It is a beautiful and prestigious award received from the American Planning
Association, California Chapter. It involves a statewide competition for
public and private projects throughout the State. The Avon-Dakota-Eton Area
was one of high crime, graffiti, trash and blighted conditions. Intensive
inter-departmental efforts focused on this neighborhood. While the turn
around was not unlike the dramatic change in the Jeffrey Lynne Area, what is
unique it was done without any Federal or State Grant projects. It happened
because the neighborhood rolled up its sleeves and wanted to make it happen
through education, involvement, communication, committee relations and citizen
participation. The neighborhood was reclaimed and has been turned around.
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City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5:00 P.M.
City staff involved was recognized as well as the residents and key leaders of
the community including the principal of Thomas Jefferson School Linda
Sheanne.
Mayor Daly and Council Members applauded, commended and congratulated the
program which resulted in the Planning Department receiving the award. Mayor
Daly urged that the progress of the program be tracked and that consideration
be given to starting similar programs in other areas of the City.
119: DECLARATION OF RECOGNITION AND CONGRATULATIONS: A Declaration of
Recognition and Congratulations was presented to Ed Kauffeld, Maintenance
Department upon his retirement from the City following 21 years of service.
Mayor Daly and Council Members congratulated Mr. Kauffeld and thanked him for
his many years of service to the City and citizens of Anaheim.
119: PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council:
Recognizing November 21 - 27, 1993, as National Family Week.
Father John Lenihan, Saint Boniface Church accepted the proclamation on behalf
of ARC, the Anaheim Religious Community and on behalf of Reverend Jimmy Gaston
and Reed Mattson. He explained their genesis is from the Gang-Drug Task
Force. They like to think they will be a very effective means of putting
together a lot of good people. Thirty or forty churches are part of the
group. The second concern is with the family since they feel the family is a
key component to solving things like gangs and drugs. They want to be prime
movers in supporting and helping families. He also noted that 1994 is the
year of the family as designated by the United Nations.
THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE
MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing Art Hiraga for his contribution to the Community.
Recognizing November 18, 1993, as Great A~erican S~okeout Day in Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,996,842.81 for the
period ending November 12, 1993, in accordance with the 1993-94 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (6521 p.m. )
Mayor Daly reconvened the City Council meeting. (6~55 p.m. )
ITEMS OF PUBLIC INTEREST:
Rea Jones, 1800 W. Gramercy, Anaheim. She has lived there for 10 years and is
present to request and solicit the Council's support and help as well as the
Police Department's help in their area. It is a high crime area with
graffiti, drug dealing, burglaries, etc. On October 16 of this year, her son
was shot and killed on his way to work in what they believe to be an attempted
robbery. He leaves behind two little girls 2 and 4. She lives in a nice area
but the streets outside are very dangerous. Her son's was the fourth murder
. this year. They started a neighborhood watch program. They are also aware of
the CAP Team. They would like Council's help and the support of the Police
Department to have this strike force in their neighborhood. Her daughter is a
nurse at Martin Luther Hospital and comes home at 12:00 midnight. She waits
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City Hall, Anaheim, California -COUNCIL MINUTES- NO _V~M~__ER 16, 1993 - 5:00 P.M.
up until her daughter comes in because she feels for her safety. She again
urged the Council's help in order to be able to protect their community. They
cannot patrol the streets and alleys. She would like to be able to come back
in a couple of months just like the people in the Avon-Dakota-Eton Area and
tell the Council of the success story that has also occurred in their
neighborhood.
Faith VanTubbergen, attorney at law and real estate broker and property owner
in the City since 1970. Her business address is 2020 W. Lincoln Avenue. She
is speaking on behalf of the neighborhood and Ms. Jones. She has been an
owner at Gramercy Park for 16 years and has been on the Board of Directors all
that time. There are 59 units and they have done all they could as a
community. It is a tight-knit community of tenants and owners and everybody
cares. It is the neighborhood around them, the alley ways and streets
northwest of Euclid and Crescent. There is a big problem in that
neighborhood. They have had neighborhood watch in the past and are starting
it again. They are doing, all they can. The representatives of the Police
Department who were present earlier this evening met with them last week and
said frankly they cannot help since there are not enough police. They
recommended that they help themselves, call it in, hire private security.
They are planning to do that. The neighborhood is 'so bad that there is
actually a security company who would not bid the job. Another problem is
that the people in the community are so upset that they have invited the
Guardian Angels. The Council and the Anaheim Police Department should be
aware of the flyer that has been circulated all over Anaheim which reports
that 400 people are meeting Thursday with the Guardian Angels. A lot of them
are concerned about that. They need the support of the local Police and City
Council. They want to claim back their neighborhood but need help. They need
the Police CAP Team and want to know what it takes to get priority. She is
asking for the support of the Council, Police and Fire Department.
Mayor Daly. He hopes they will follow through with the Neighborhood
Association and schedule a meeting with the Police Chief. He believes it
would be beneficial .and asked the City Manager to help in setting that meeting
with the Chief. The Police Chief needs to speak with her directly, the
leadership of the neighborhood or the residents, tenants, owners and
landlords, those who are active in wanting to improve the neighborhood. He
will also talk to the Chief himself. He expressed the Council's deepest
sympathy to Ms. Jones.
PUBLIC CO.MMENTS - AGENDA ITEMS: Public input received on Item A23 (see
discussion under that item).
MOTION= Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of November 16, 1993.
Council Member Pickler seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 93R-221 through 93R-223, both inclusive, for
adoption. Refer to Resolution Book.
Al. 105: Receiving and filing minutes of the Public Utilities Board meetings
held August 6, 1993, September 2, 1993, and October 1, 1993.
117: Receiving and filing a Summary of Investment Transactions for the month
of October, 1993, as submitted by the City Treasurer.
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City Hall, Anaheimr Cali£orni& - COUNCIL MINUTES - NOVEMBER 16r 1993 - 5:00 P.M.
A2. 175= Awarding the contract to the lowest responsible bidder, Sasco
Electric in the amount of $1,217,543.10 for Underground District No. 7
Substructure Construction, and in the event said Iow bidder fails to comply
with t~e terms of the award, awarding the contract to the second iow bidder,
as well as waiving any irregularities in the bids of both the iow and second
iow bidders.
A3. 167= Awarding the contract for the base bid and all additive alternates
to the lowest responsible bidder, Steiny and Company, Inc., in the amount of
$406,545.60 for SRgl/La Palma Avenue East Corridor Traffic Signal System
Conduit/Fiber Optic Cable Installation, and in the event said iow bidder fails
to comply with the terms of the award, awarding the contract to the second Iow
bidder, as well as waiving any irregularities in the bids of both the Iow and
second Iow bidders.
A4. 167= Awarding the contract for the base bid and all additive alternates
to the lowest responsible bidder, Steiny and Company, Inc., in the amount of
$597,815 for SRgl/La Palma Avenue West Corridor Traffic Signal System
Conduit/Fiber Optic Cable Installation, and An the event said low bidder fails
to comply with the terms of the award, awarding the contract to the second low
bidder, as well as waiving any irregularities in the bids of both the low and
second low bidders.
AS. 167: Awarding the contract for the base bid and all additive alternates
to the lowest responsible bidder, Steiny and Company, Inc., in the amount of
$163,321.20 for SR91/La Palma Avenue East Corridor Trailblazer Changeable
Message Sign Installation, and in the event said iow bidder fails to comply
with the terms of the award, awarding the contract to the second Iow bidder,
as well as waiving any irregularities in the bids of both the iow and second
low bidders.
A6. 167: Awarding the contract to the lowest responsible bidder, Steiny and
Company, Inc., in the amount of $112,726 for SRgl/La Palma Avenue West
Corridor Trailblazer Changeable Message Sign Installation, and in the event
said low bidder fails to comply with the terms of the award, awarding the
contract to the second Iow bidder, as well as waiving any irregularities in
the bide of both the Iow and second low bidders.
A7. 169.- Approving Contract Change Order No. 5 in the amount of $40,301.95,
in favor of R.J. Noble Company for additional street construction work on
Lincoln Avenue from Sunkist Street to State College Boulevard.
A8. 151: Approving an Encroachment License Agreement (93-7E) for two ground
water monitoring wells located within Ball Road at Western Avenue as requested
by E-Z Serve Petroleum, c/o Acton, Mickelson and Van Dam, Inc.
Ag. 105: Receiving and filing minutes of the Mother Colony House AdVisory
Board meeting held September 13, 1993.
Al0. 123: Approving an Agreement with the O.C. Council on Aging, Inc., in
the amount of $13,000 for ombudsman services in the City of Anaheim.
All. 123: Approving an Agreement with the Feedback Foundation, Inc., in the
amount of $11,000 for home delivery of meals to elderly residents in the City
of Anaheim.
A12. 161= RESOLUTION NO. 93R-221= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING APPLICATION TO DESIGNATE THE ANAHEIM CANYON
BUSINESS CENTER AS A RECYCLING MARKET DEVELOPMENT ZONE. (Northeast Industrial
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City Hall, Anaheimr California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5:00 P.M.
Area, and authorizing the Director of the Community Development Department to
submit the application to the State on behalf of the City. )
Al3. 1-52: Approving the recommendations from the Anaheim Private Industry
Council for additional JTPA training vendor selection for Program Year 1993-
94, and authorizing the JTP Manager to execute the necessary subcontract
agreements and modifications thereto.
A14. 158: RESOLUTION NO. 93R-222: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN (Canyon Rim Park).
Al5. 123: Approving a Sublease Agreement with the Anaheim Family YMCA for a
term of five years, renewable upon mutual agreement for an additional five
years, for use of the property at 100 S. Atchison Street.
123: Approving an Operating Agreement with the Anaheim Redevelopment Agency
and the Anaheim Family YMCA for the purpose of operating a child care center
for the term of five years, renewable upon mutual agreement for an additional
five years, for up to 75 children, infant to five years of age, at 100 S.
Atchison Street (Citrus Park Child Care Center).
A16. 152: Authorizing the Personnel Services Manager to execute agreements
for the acquisition of labor and services for temporary personnel relief.
A17. 114: RESOLUTION NO. 93R-223: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING THE DAYS AND TIMES OF REGULAR MEETINGS OF THE
CITY COUNCIL. (Removing the fifth Tuesday and Tuesdays following Monday
holidays from the schedule of meetings. )
A18. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
September 7, 1993, and ratified by the City council on September 14, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim; and taking no action to terminate the local emergency at this time.
Al9. 160: Authorizing the Purchasing Agent to issue a change order to
Mariposa Horticultural Enterprises, for an additional not-to-exceed amount of
$35,000 bringing the two-year not-to-exceed total to $288,968 for landscape
maintenance at various City locations through December, 1993, in accordance
with Bid ~4985. (Continued from the meeting of November 9, 1993, Item Al3. )
A20. 123: Approving an Agreement with Southern California Gas Company to
upgrade ~he City's existing ¢omgressed natural gas (CNG) station and
converting ten city vehicles to use CNG fuel, at a cost of $22,500, and
authorizing the Public Utilities General Manager to execute the Agreement and
other necessary documents.
A21. 112: Approving a Stipulated Judgment and Permanent Injunction by and
between the City of Anaheim, Adams International Metals Corporation and Self-
Service Auto Dismantlers, Inc., relating to Orange County Superior Court Case
No. 699713.
A22. 112: ORDINANCE NO. 5408 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING SUBSECTIONS 18.21. 040. 060 AND 18.61. 040. 060 TO SECTIONS
18.21.040 AND 18.61.040, RESPECTIVELY, OF CHAPTERS 18.21 AND 18.61 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (REMEDIATION OPERATIONS
PURSUANT TO STIPULATED JUDGMENT).
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City Ha11~ An&heim~ C&liforni& - COUNCIL MINUTES - NOVEMBER 16~ 1993 - 5~00 P.M.
A23. 123: To consider a ground lease between Herb Douglass and Ted Douglass
and the City of Anaheim for public parking facilities adjacent to the Anaheim
Arena.
.
149.' To consider the construction, maintenance and operation of a public
parking facility on the County of Orange Kat'ella Maintenance Yard, located on
the south side of Katella Avenue (Site 2).
149: To consider the construction, maintenance and.operation of a public
parking facility on property located north of the former County Transfer
Station, and west of Douglass Road (Site 3).
169: To consider the construction of certain street improvements: Douglass
Road from Cerritos Avenue to north of Katella Avenue.
City Manager Ruth. He announced it was staff's intent to again continue
Item A23 for two weeks.
Colleen Wiley. She had asked to address the Council on this item but in light
of the requested continuance, it is not necessary at this time. She will
address the issue when it is rescheduled in two weeks.
Rol~ Call Vote on Resolution Nos. 93R-221 through 93R-223, both inclusive, for
&dopt£on~
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-221 through 93R-223, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
156: REQUEST OF COUNCIL TO ADD SWORN POLICE OFFICERS TO THE CITY'S POLICE
DEPARTMENT:
Mayor Daly. He suggests that the City Council give the City ;~anager clear
policy direction on a matter of extreme importance to the community - the
subject of Police staffing. He would like to propose that the Council give
the City Manager firm direction in the area of hiring additional Police
Officers. He moved that the City Manager be directed to achieve a goal of
adding Police Officers to the Police Department to bring the current total of
352 officers up to 400 sworn officers within 24 months and that the City
Manager report back to the Council quarterly or whatever time interval is
practical to convey to the Council all the information necessary as to whether
the goal is achievable under the current City budget.
City Attorney White. Since the item is not on the agenda, it would be
necessary for the Council to waive the 72-hour posting provision of the Brown
Act finding there is an emergency to act on the matter tonight instead of two
weeks from now at the regularly scheduled Council meeting.
MOTION: Council Member Pickler moved to waive the 72-hour posting provision
of the Brown Act finding there is an emergency to act on this matter tonight
and based on the fact that the Council is not meeting for two weeks and that
the public safety consideration outweighs the need to wait to agendize the
matter in two weeks and so that the City Manager can start working on the
directive immediately. Council Member Daly seconded the motion. MOTION
CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - NO _V~Mm__ER 16, 1993 - 5:00 P.M.
Council Member Feldhaus then seconded the motion offered by the Mayor.
A vote was then taken on the foregoing motion. MOTION CARRIED UNANIMOUSLY.
ITEMS BI - BI0 FROM THE PLANNING COMMISSION ME~ETING OF NOV~dm__ ER lr 1993
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 23, 1993
B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL. USE PERMIT NO. 3278 AND
NEGATIVE DECLARATION:
OWNER: E1 Vee, Inc., Attn: Paul Bostwick, 200 W. Midway Dr., Anaheim,
CA 92805
LOCATION: 200 West Midway Drive. Property is approximately 6.65 acres
located on the southwest corner of Midway Drive and Zeyn Street.
To permit a 5-space expansion to an existing mobile home/trailer park
for an ultimate total of 189 mobile home/recreational trailer spaces
with waivers of (A) minimum front yard setback (APPROVED), (B) minimum
side yard setback (APPROVED) and (C) minimum rear yard setback (DENIED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3278 GRANTED, IN PART, (PC93-117) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, APPROVED waivers (A) and
(B), and DENIED waiver (C).
Negative Declaration previously approved.
B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3642 AND
NEGATIVE DECLARATION.-
OWNER: Doris K. Richter, 5505 Garden Grove Blvd., $150, Westminster, CA
92683
AGENT: Javier and Ofellia Castellanos, 1086 N. State College Blvd.,
Anaheim, CA 92806
LOCATION: 1086 N. State College Boulevard. Property is approximately
9.07 acres located north and east of the northeast corner of La Palma
Avenue and State College Boulevard.
To retain a restaurant/night club addition including a public dance hall
with on-premise sales and consumption of alcoholic beverages with waiver
of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3642 GRANTED (PC93-118) (6 yes votes, I absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
Council Member Pickler. He first stated that he would like to set this matter
for a public hearing. He then ~osed ~uestions relative to the status of the
operation at present which were answered by tho Zoning Admin£gt~ator Annika
Santalahti. She also explained that the Planning Commission granted the
Conditional Use Permit for only one year (Condition No. 4) to see how the
business will work out with the expanded square footage. Condition No. 6 of
Planning Commission Resolution PC93-118, Subsections (a through-o) contain a
series of conditions requested by the Police Department which the Planning
Commission included in their approval regarding operational aspects of the
business.
Mayor Daly. It is his understanding this business is ongoing, that there is
no information from staff that has indicated there is a problem and the Police
have reviewed it and recommended approval.
Annika Santalahti, Zoning Administrator. There had been a problem at one
point but they have done a lot of work to clean up the operation and improve
it.
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City Hal].r Anahe£mr Cal£forn£a - COUNCIL MINUTES - NOVEMBER 16r 1993 - 5**00 P.M.
At the conclusion of further discussion and questioning, no other Council
Member concurred with Council Member Pickler that the item should be set for a
pub 1 ic hear lng.
B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3640 AND
NEGATIVE DECLARATION:
OWNER: Pyramid Investment Corp., 600 Montgomery Street, San Francisco,
CA 94111
AGENT: P/A Architects, Inc., 858 Production Place, Newport Beach, CA
92663
LOCATION: 1701 West Medical Center Drive (Emerald Court).
Property is approximately 7.0 acres located on the north side of Medical
Center Drive and approximately 585 feet west of the centerline of Euclid
Street.
To permit a 16-unit (16-bed) addition to an existing 179-unit (206 bed)
senior citizen's retirement facility with waivers of (A) required
parking lot landscaping (WITHDRAWN) and (B) minimum number of parking
spaces (APPROVED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3640 GRANTED, IN PART for a congregate care senior citizen
facility, (PC93-119) (6 yes votes, 1 absent).
Waiver of code requirement GRANTED, IN PART, waiver (A) withdrawn by the
applicant.
Approved Negative Declaration.
B4. 179: VARIANCE NO. 4053 AND NEGATIVE DECLARATION:
OWNER: Don V. Edmonds and Garnet A. Edmonds, Post Office Box 42, Pistal
River, Oregon 97444
AGENT: Anaheim Dodge, 1120-1126 S. Anaheim Blvd., Anaheim, CA 92805
LOCATION: 1381 Auto Center Drive. Property is approximately 2.34 acres
located on the north side of Auto Center Drive and located approximately
720 feet west of the centerline of Phoenix Club Drive.
Waiver of maximum sign area to construct a 39-square foot addition to an
existing 923-square foot freestanding sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4053 GRANTED, for two years (to expire 11/1/95) (PC93-120)
(6 yes votes, 1 absent).
Approved Negative Declaration.
B5. 179: CONDITIONAL USE PERMIT NO. 3101 AND NEGATIVE DECLARATION:
OWNER: Smooke and-Sons Investment Co., P.O.. Box 1311, Attn: R. Smooke,
Los Angeles, CA 90053-1311
LOCATION: 600 East Katella Avenue. Property is approximately 2.4 acres
located on the south side of Katella Avenue and approximately 590 feet
west of the centerline of Lewis Street.
Amendment or deletion to a condition of approval pertaining to the time
limitation of a previously approved truck sales and service agency.
ACTION TAKEN By THE PLANNING COMMISSION:
CUP NO. 3101 GRANTED, for five years (to expire on 11/1/98) (PC93-121)
(6 yes votes, i absent).
Negative Declaration previously approved.
REPORTS AND RECOMMENDATIONS:
B6. 179: CONDITIONAL USE PERMIT NO. 3593 REQUEST FOR PLANNING COMMISSION
DETERMINATION OF SUBSTANTIAL CONFORMANCE:
REQUESTED BY: Allen Ornstein
LOCATION: 314 N. Beach Boulevard.
831
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5:00 P.M.
Petitioner requests Planning Commission review of revised plans for
substantial conformance determination regarding Conditional Use Permit
No. 3593 (to permit the on-premise sale and consumption of alcoholic
beverages in conjunction with a restaurant/billiard center).
ACTION TAKEN BY THE PLANNING COMMISSION:
Revised floor plans found to be in sub'stantial conformance with
previously approved exhibits.
B7. 179: PROPOSED CODE AMENDMENT PERTAINING 'TO FLAGS, BANNERS AND SPECIAL
EVENT PERMITS: Requested by Planning Department Staff.
ACTION TAKEN By THE PLANNING COMMISSION:
Recommended adoption to the City Council.
ORDINANCE NO. 5409 - INTRODUCTION: Deleting Chapter 4.02 of Title 4, amending
various Chapters of Title 18, and adding sections 18.02.055 and 18.12.085 to
Chapters 18.02 and 18.12 of Title 18 of the Anaheim Municipal Code relating to
special event permits and signs, flags, banners and fixed balloons.
Council Member Simpson offered Ordinance No. 5409 for first reading.
ORDINANCE NO. 5409: AN ORDINANCE OF THE CITY OF ANAHEIM DELETING CHAPTER 4.02
OF TITLE 4, AMENDING VARIOUS CHAPTERS OF TITLE 18, AND ADDING SECTIONS
18.02.055 AND 18.12.085 TO CHAPTERS 18.02 AND 18.12 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO SPECIAL EVENT PERMITS AND SIGNS, FLAGS, BANNERS AND
FIXED BALLOONS.
B8. 179: REQUEST FOR BOUNDARY CHANGE TO THE COMMERCIAL/INDUSTRIAL
REDEVELOPMENT PROJECT AREA: Requested by Anaheim Redevelopment Staff.
ACTION TAKEN BY THE PLANNING COMMISSION:
GRANTED request for boundary change to the Commercial/Industrial
Redevelopment Project Area (4 yes votes, 3 absent) (PC93-122).
B9. 179: CONDITIONAL USE PERMIT NO. 3262 - FOR REVIEW OF REVISED PLANS FOR
SUBSTANTIAL CONFORMANCE DETERMINATION TO PERMIT A SERVICE STATION/CARWASH
FACILITY:
REQUESTED BY: Bob Mickelson
LOCATION: Property is located at northwest corner of Weir Canyon Road
and Monte Vista Road.
Petitioner requests Planning Commission review of revised plans for
substantial conformance determination regarding Conditional Use Permit
No. 3262 (to permit a service station/carwash facility).
ACTION TAKEN B~. THE PLANNING COMMISSION:
Revised plans determined to be in substantial conformance with
previously approved plans.
B10. 179: TO CONSIDER PROPOSED AMENDMENTS To TITLES 4 "BUSINESS REGULATION"
AND 18 "ZONING" PERTAINING TO AMUSEMENT DEVICE ARCADES: Requested by.Planning
Department Staff.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption to City Council.
ORDINANCE NO. 5410 - INTRODUCTION: Amending Sections 4.14. 045, 4.14. 050,
18.01.020, 18.42.050, 18.44.050, 18.61.050 of Chapters 4.14, 18.01, 18.42,
18.44 and 18.61 of Titles 4 and 18 of the Anaheim Municipal Code relating to
Amusement Devices and Arcades.
Council Member Simpson offered Ordinance No. 5410 for first reading.
832
City Hallf Anaheimr California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5:00 P.M.
ORDINANCE NO. 5410: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
4.14.045, 4.14.050, 18.01.020, 18.42.050, 18.44.050, 18.61.050 OF CHAPTERS
4.14, 18.01, 18.42, 18.44 AND 18.61 OF TITLES 4 AND 18 OF THE ANAHEIM
MUNICIP~ CODE RELATING TO AMUSEMENT DEVICES AND ARCADES.
END OF THE PLANNING COMMISSION ITEMS.
ITEM Bll FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 28m 1993:
Bll. 179: VARIANCE NO. 4238, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Endowment Realty Investors, 2922 Daimler Street, #103, Santa
Ana, CA 92705
AGENT: Bristol Foods, 1206 Jon Street, Torrance, CA 90502
LOCATION: 5.580 East Santa Ana Canyon Road. Property consists of
approximately 9.8 acres, located at the southwest corner of Santa Aha
Canyon Road and Imperial Highway
Waiver of permitted roof-mounted equipment to permit a vent exhaust
hood.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
WITHDRAWN BY THE APPLICANT.
B12. 179: ORDINANCE NO. 5411 FOR INTRODUCTION: Amending Subsection
18.03.060.010 of Section 18.03.060 of Chapter 18.03 of Title 18 of the Anaheim
Municipal Code relating to notice and date of hearings on petitions for
reclassification of property, conditional use permits and variances.
Council Member Simpson offered Ordinance No. 5411 for first reading.
ORDINANCE NO. 5411: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
18.03.060.010 OF SECTION 18.03.060 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO NOTICE AND DATE OF HEARINGS ON PETITIONS FOR
RECLASSIFICATION OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
Di. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REOUIREMENT, CONDITIONAL
USE PERMIT NO. 3623 AND NEGATIVE DECLARATION:
OWNER: Frank and Sarah Minissale, 111 South Mohler Drive, Anaheim, CA
92808.
LOCATION/REQUEST: The property, is located at 111 South Mohler Drive and
is approximately 1.2 acres located at the southwest corner of Santa Aha
Canyon Road and Mohler Drive.
To permit a 94-bed convalescent facility with waiver of minimum number
of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3623 GRANTED, IN PART, (subject facility shall be limited to a
maximum of eighty beds (PC93-99) (4 yes votes, 2 no votes, 1 absent).
Waiver of code requirement DENIED (6 yes votes, 1 absent).
Approved Negative Declaration (6 yes votes, i absent).
Informational item at the meeting of September 28, 1993, Item B2.
833
City Hall, Anaheim, California - COUNCIL MINUTES - NO--ER 16, 1993 - 5=00 P.M.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by the owner, Frank Minissale and continued from the meeting of
November 2, 1993 to this date.
.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 21, 1993
Mailing to property owners within 300 feet - October 19, 1993
Posting of property- October 22, 1993
City Attorney White. A handwritten letter was received dated November 4, 1993
from Mr. Frank Minissale indicating he wished to withdraw his appeal. The
difficulty is unless Mr. Minissale wishes to abandon the project and the CUP
entirely, they cannot simply withdraw the appeal and reinstate the decision of
the Planning Commission. Once the decision of the Planning Commission is
vacated and it comes to the City Council, it is a de novo, brand new public
hearing. It would be a denial of due process to other parties who may be
interested to allow a party to file an appeal and then after the appeal period
expires, withdraw the appeal and reinstate the previous action. While
Mr. Minissale has the right to indicate he would be prepared to proceed with
the project on the same basis'as it was approved by the Planning Commission,
the Council still has the prerogative to either approve or deny the project in
its entirety or approve something different from or lesser than was approved
by the Planning Commission. He reiterated for legal reasons it would not be
appropriate for the City Council to reinstate, without completing the public
hearing, the decision of the Planning Commission.
Council Member Hunter. He asked for clarification as to how many beds were
approved by the Planning Commission.
Greg Hastings, Zoning Division Manager. The Planning Commission did not
approve the actual plans presented. They approved an 80-bed convalescent home
with a 25-foot setback from Santa Ana Canyon Road and denied the parking
waiver. Plans would have to come back to the Planning Commission for a public
hearing within those confines.
Council Member Hunter. Even if the Planning Commission decision stood,
Mr. Minissale would still have to go back; Greg Hastings. That is correct.
It would be a public hearing and the Planning Commission could also add
further conditions of approval at that time.
Mayor Daly asked to hear-from Mr. Minissale.
Frank Minissale. He decided to accept what was given to him by the Planning
Commission and upheld by the City Council without filing an appeal for the
waiver of the setback and the parking. He will accept it as it stands.
Council Member Pickler emphasized that the City Council did not accept or
uphold anything.
Mayor Daly then asked to hear from other persons who had not yet spoken at the
previous public hearing which was continued to this date.
Gene Seacrest, 121S. Canyon Crest, Anaheim. He was recently notified as were
his neighbors. They are confused and even more confused as to how the
proposal has come this far. He has been a local developer in Anaheim for the
last 20 years and has never seen anything get quite this far on "butcher"
paper. They seem to be at the point of approving or voting on a project that
barely fits any of the principles that the Planning Department typically
adheres to. It is a project that is perhaps trying to bridge as an in-fill
834
City H&ll, Anaheim~ Cal£fornia - COUNCIL MINUTES - NOVENa_ER 16~ 1993 - 5:00 P.M.
project, the Hughes' Center and the Festival Center. That is going to start
an entire development theme along Santa Aha Canyon Road that they have been
fighting for years to avoid. It involves a series of vacant properties. If
they adopt this type of use to this property, it is opening the doors to
further development in a commercial or at least a non-residential manner that
is totally inconsistent with the peace, enjoyment and general plan adopted in
the Anaheim Hills Scenic Corridor area well over 25 years ago. To go any
further and to even entertain any type of motion other than totally denying
the project would be in violation of what they have all stood for in the
Anaheim Hills area.
Susan Siegmund. She is affiliated with the Anaheim Hills Citizens Coalition
and has been asked by one of her fellow residents, Mr. Phil Joujon-Roche to
read part of a letter on his behalf~ Mayor Daly interjected that
Mr. Joujon-Roche attended the public hearing on November 2, 1993 (see minutes
that date) and gave his input at the time.
Mrs. Siegmund then read the letter which contained some of the testimony
previously given by Mr. Joujon-Roche. In it, he stressed that Mr. Minissale
should not be granted any relief, favoritism or sympathy based on any
ill-fated attempts at development of the property at 111 S. Mohler. On all
the occasions he was asked to meet with his neighbors, he has not done so. At
the November 2, 1993 public hearing, the Council directed him to meet with the
neighbors but that still has not happened. They are merely asking for
complete disclosure of Mr. Minissale's proposed projects. The Planning
Commission gave entitlement without plans which is a mistake. They are asking
the City Council to rectify the matter by denying the appeal and reversing the
Planning Commission's decision in recommending approval. Ail they are asking
is that it is done right, follow due process, have sufficient disclosure and
discussions with the neighbors, Planning staff, Planning Commission and City
Council. (The letter was signed by Mr. Phil Joujon-Roche. )
Sonja Grewal, Member of the Board of Directors of the Anaheim Hills Citizens
Coalition, 6312 E. Santa Aha Canyon Road $157. They also agree that
Mr. Minissale has the right to develop but he also has the responsibility as
any other property owner to adequately present plans which staff and the City
decision makers can review. The Planning Commission gave him the opportunity
to do so. For whatever reason, they suggested that he redesign in a certain
way and that he come back when he had plans. It is their understanding that
the project which the Planning Commission approved if the Council stands by
that decision, is not possible to build. It will place the City in an awkward
position when and if he comes back to the Planning Commission in the future
with plans that do not demonstrate a 25-foot setback or demonstrate the need
for a parking waiver when they specifically said he could not have a parking
waiver. She asked for confirmation that the project the Planning Commission
approved without seeing actually could not be possible.
Council Member Hunter. His understanding is, no matter what happens, it has
to go back to the Planning Commission for a public hearing.
City Attorney White. He then answered questions posed by Council Member
Hunter and Mrs. Grewal. What the Planning Commission approved, which was
appealed, was an 80-bed project. However, there is a condition of approval
that says prior to building permits being issued, precise plans shall be
presented to the Planning Commission at a duly noticed public hearing and
approved by the Planning Commission. If the Council approves what the
Planning Commission approved, at minimum, it would go back to the Planning
Commission with precise plans for a new public hearing. Another option is to
deny it entirely and require Mr. Minissale to get his precise plans, submit a
835
City Hall, Anaheim, Californi& - COUNCIL MINUTES - NOVEN~ER 16, 1993 - 5:00 P.M.
new application and start all over. If he presents plans to the Planning
Commission that do not meet all of the conditions of approval and all of the
other applicable code requirements, the Planning Commission could not approve
those ~lans without further noticing variances or amendments to the existing
conditional use permit. That would in essence be starting all over. He would
be required to file a new application that would address all of those
deviations from either the conditions of the current conditional use permit or
from the code requirements. Any plane that the Planning Commission approved
would have to comply with all of the conditions of the CUP that are now being
considered and all of the code requirements or he would have to start
tantamount to a whole new process with a new application.
After discussion and questioning, Mrs. Grewal concluded that in fairness to
Mr. Minissale, he has had five months to fulfill his responsibility to design
his project to fit on his acreage and also fit the City's Zoning standards.
It seems fairer to deny the project now rather than going through the long
process of coming back and not being able to fulfill the requirements. They
feel this project should be denied.
Mayor Daly. The Planning Department s~-ff on this item recommended that the
project be redesigned. In spite, of that, the Plann'ing Commission on a split
vote approved part of the project and he believes that is why there is some
confusion. The choice is to refer it back or deny it outright which means
Mr. Minissale would have to start over and create a new project.
After further questions posed to Mr. Minissale by Council Member Feldhaus,
Mayor Daly closed the public hearing (later reversed and kept open).
Mayor Daly. He asked the City Attorney if the project is referred back to the
Planning Commission and Mr. Minissale produces a plan that is acceptable to
the Planning Commission, neighborhood and all parties, will it be subject to
further review by the City Council according to the way he (the City Attorney)
has layed out one alternative.
City Attorney White answered, not according to the way the conditions are
expressed in the proposed permit. One of the difficulties or grey areas in
doing it the way the Planning Commission has acted, the Planning Commission
will review precise plans but they have not established the process, procedure
or criteria they will use to approve or deny the plans. The Planning
Commission has created a procedure that does not exist in the code to approve
a use that normally would require specific plans prior to approving the use
which was the Planning staff's original recommendation. He clarified it would
require a full blown public hearing at the Planning Commission level.
Council Member Pickler. Since this is such an important area, he feels it is
important that the project go back through the process - that the Council
tonight deny the proposal and send it back to the Planning Commission.
City Attorney White. The Council could continue' the hearing and refer it back
to the Planning Commission at such time as Mr. Minissale presents the precise
plans. The Planning Commission will then review the plans and make a
recommendation back to the Council with final action by the Council. That is
the only way he can see the City Council can get to review the plans unless
they deny the application and have him start over with a new application and
then follow the normal process. If they impose the same condition as the
Planning Commission opposed, it will not come back to the City Council at all.
836
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5:00 P.M.
Council Member Hunter asked if the matter is continued for 90 days, sent back
to the Planning Commission and there is a fUll blown public hearing, would the
Council still retain control.
City Attorney White. That is correct. Also, if the Council wants to continue
to look at this, there are two options, deny or do what Council Member Hunter
just suggested. A third option would be to approve it but add to the
condition that says the Planning Commission will hold a public hearing that
the decision of the Planning Commission in that case will be subject to appeal
or review by the Planning Commission under the same procedure set forth in
Section 18.03.030 of the Anaheim Municipal Code. If the Council disagrees or
a member of the public, there will be a right to appeal those plans to the
City council.
After further discussion, City Attorney White suggested that they keep the
public hearing'open, continue the matter for 60 or 90 days and then by a
separate motion direct the Planning Commission to hold a duly noticed public
hearing at such time as Mr. Minissale presents his precise plan, and after
reviewing that plan, make a recommendation to the City Council.
MOTION: Council Member Hunter moved to continue the subject public hearing
for 90 days and directing the Planning Commission to hold a duly noticed
public hearing at such time as Mr. Minissale presents his precise plan and
after reviewing that plan, to make a recommendation to the City Council.
Council Member Feldhaus seconded the motion.
Before a vote was taken, Mayor Daly stated that the public hearing will then
remain open.
City Attorney White. He asked if Mr. Minissale concurred because he is
entitled to a decision within 40 days of the appeal~ Mr. Minissale concurred
with the proposed action.
A vote was then taken on the foregoing motion and carried unanimously.
Council Member Simpson left the Council Chamber. (7:55 p.m. )
D2. 170: CONTINUED PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 91-164,
CATEGORICALLY EXEMPT, CLASS 15:
OWNER: R.H. Siegle, 919 East South Street, Anaheim, CA 92805
AGENT: DMC Engineering, 4840 Irvine Boulevard, Ste. 208, Irvine, CA
92720
LOCATION/REQUEST: The property is located at 919 East South Street and
is approximately 3.6 acres located at the northwest corner of South
Street and Rose Street. The request is for approval of a two-lot
subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 91-164 APPROVED (Decision No. ZA93-54).
HEARING SET ON: A review of the Zoning Administrator's decision was requested
by Council Members Pickler and Daly at the meeting of October 12, 1993 and
continued from the meeting of November 9th to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 28, 1993
Mailing to property owners within 300 feet - October 28, 1993
Posting of property- November 1, 1993
837
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5:00 P.M.
Letter dated November 16, 1993 was received from Mr. Ray Siegle, the owner,
requesting a twelve week continuance of the public hearing.
Mayor Ualy asked if anyone was present who objected to the proposed
continuation; there was no response.
MOTION: Council Member Daly moved to continue the subject public hearing for
twelve weeks as requested by the applicant. Council Member Feldhaus seconded
the motion. Council Member Simpson was absent. MOTION CARRIED.
Council Member Pickler. He has a problem with the way the ordinance governing
this situation is written. He would like staff to look at coming back to the
City Council in whatever time it takes with the idea that the Council be given
the prerogative of overruling the current provisions of the code.
City Attorney White. There is a procedure in the code that allows anybody who
does not like the fact that a project has been conditioned upon a dedication
or an improvement requirement to file an application to go to the Planning
Commission and then appeal to the City Council to remove or lessen or modify
that requirement. The problem in this case, after having been informed of
that, Mr. Siegle did not choose to follow that procedure but chose to come and
appeal a condition.
Mayor Daly. He asked that the City Attorney describe that procedure in
writing and also present any alternative systems that may exist in other
cities and describe how stringent Anaheim's process is versus other possible
processes. He would like a clear summary of the existing process on matters
like this and if the City Attorney wants to use this as a good example, it is
a pretty clear one.
D3. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3636 AND NEGATIVE~
DECLARATION~
OWNER: Magnolia School District, 2705 W. Orange Ave., Anaheim, CA
92805
AGENT: Los Angeles Rams, 2327 West Lincoln Ave., Anaheim, CA 92801
LOCATION/REQUEST: The property is located at 2327 W. Lincoln Avenue and
is approximately 10.1 acres located on the west side of Venture Street
and located approximately 275 feet west of the centerline of Monterey
Street. The request is to permit a 9,000-square foot weight room
building in order to expand an existing private sports training
facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3636 GRANTED (PC93-109) (7 yes votes).
Approved Negative Declaration.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by Cynthia Wolcott, Law Offices of Palmieri, Tyler, Wiener, Wilhelm
and Waldron and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET By:
Publication in Anaheim Bulletin - November 4, 1993
Mailing to property owners within 300 feet - November 4, 1993
Posting of property - November 5, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated October 4, 1993.
City Attorney White. During the earlier part of the agenda, he received a
note from one of the partners of Palmieri, Tyler, Wiener, Wilhelm and Waldron,
838
C_ity Hall~ A_naheim~ California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5=00 P.M.
Mr. Gary Wilder, who indicated that the Rams and the appellant had agreed to a
continuance of the matter and he believes based on that, Mr. Wilder may have
left the premises. They need to hear from the project applicant, in this case
the Ram's, whether that is an accurate statement and that there has been an
agreement to continue this to the next Council meeting in two weeks.
It was determined that no one was present, either the applicant or the
appellant.
MOTION: Council Member Pickler moved to continue the subject public hearing
for two weeks to November 30, 1993. Council Member Feldhaus seconded the
motion. Council Member Simpson was absent. MOTION CARRIED.
D4. 179: PUBLIC HEARING - ARCADE PERMIT NO. 1023:
OWNER: Cuong T. Vuong, 11514 Quartz Avenue, Fountain Valley, CA 92708
LOCATION/REQUESTs. The proposed business 'is located at 968 South Euclid
Street - U Pick Arcade and the request is to permit up to twenty-eight
amusement devices.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Arcade Permit No. 1023 APPROVED (Decision No. 93-59).
HEARING SET ON: A review of the Zoning Administrator's decision was requested
by Council Members Simpson and Hunter at the meeting of October 26, 1993 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 4, 1993
Mailing to property owners within 300 feet - November 4, 1993
Posting of property- November 5, 1993
PLANNING STAFF INPUT:
See decision of the Zoning Administrator dated October 21, 1993 - Decision
No. ZA93-59 approving Amusement Arcade No. 1023.
Council Member Hunter. The reason he wanted to review this permit request was
the fact that there are at least 38 signatures opposing the business. The
Council just adopted an ordinance tonight that will eliminate problems such as
this when there are many objections but not enough to deny the business under
the present code (see proposed Ordinance No. 5410 - Item B10 on this agenda).
APPLICANT' S
STATEMENT:
Dean Tran, Attorney fOr the owner Mr. Cuong Vuong. Before
proceeding, Mr. Tran asked to be apprised of the new ordinance and
if it is something he should be aware of before proceeding.
City Attorney White. They have not yet adopted an ordinance but the Council
has under consideration two weeks from tonight possible adoption of an
ordinance that would change the procedure for handling these applications and
appeals. It would not affect this particular application unless it is denied
and subsequently a new application submitted in the future. If so, it could
be under a new set of procedures which would require a conditional use permit
hearing on all arcade applications and would allow the Planning Commission the
prerogative to deny permits whereas now the code provides that these are heard
by the Zoning Administrator who is not allowed the prerogative to deny unless
there is a 51% protest of property owners or tenants within 300 feet. It
would change the procedure but there is no such procedure in place for
tonight ' s hearing.
839
City Hall, Anaheim, California - COUNCIL MIN%~f~S - NOVEN~ER 16, 1993 - 5:00 P.M.
Annika Santalahti, Zoning Administrator. Answering Council Member Pickler
stated this was just under 50% - 80 notices were sent out. That technique was
difficult to work with because of tenants being notified and not the property
owners.' When she would try to prove it in connection with the decisions,
sometimes it looked like there was 50% and sometimes not. She believes this
was very close, within 5 signatures.
Dean Tran. Mr. Vuong would like to propose a special kind of arcade store.
It is not a regular arcade video store. He then gave Mr. Vuong's extensive
background in product design, machine design, robotics and automation. He
explained the concept of the business which is innovative in the field. It
will allow a player to check out a Nintendo game cartridge, insert it in the
machine and play it. There will be no type of regular arcade video games - no
gambling type games, no prizes to be won and no bonuses. The player is
basically paying for the time he spends on the machine. It is a very special
type of video arcade. He is well aware of the concerns about the possibility
this might be a gang gathering place or might cause some problem for the
neighborhood. He has taken steps to address those concerns. The games will
be designed so there will be a lot of light inside the store, there will be
two employees over 21 at all times to supervise the business, there is a lot
of open space according to the plan, he is implementing a rule of no pay, no
stay, he will not allow a group to gather inside the store, he will check
I.D.s to ensure that nobody under 18 will be allowed into the store during
school hours, the landlord and Mr. Vuong have agreed to put a soundwall
between this unit and the one next to it. He believes he can avoid all
problems and is willing to take any further steps necessary to prevent any
prob 1 ems.
Mayor Daly opened the public hearing.
PUBLIC DISCUSSION -
IN FAVOR z
None
PUBLIC DISCUSSION
IN OPPOSITION
Dr. Robin Welch. He has the business next door and has been there
for 6 years. Regarding the 50% figure, he had a list from the
Planning Department with 103 names. There are a lot of duplicates
and in reality there were only 76 names. Forty-four (44) business
owners signed the petition so they feel they had well over 50%
opposed. Their main concern, they already have a lot of problems
with gangs in the area. Business owners have been robbed and
there is graffiti all over. He has a lot of older patients, many
on walkers, wheelchairs and many who use canes. There are a lot
of seniors who will be prime targets for teenagers. A lot of the
businesses that were notified, six or seven have no tenants and
thus nobody present there to respond. He reiterated they do have
over 50% opposed and they are concerned about the gangs. (He
submitted the material referenced in his presentation - made a
part of the record.)
SUMMATION BY
APPLI CANT ~
Dean Tran. Unless they forbid this type of business completely,
he does not think they can get a better owner of the business than
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City Hall, Anahei_m, California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5:00 P.M.
Mr. Vuong. He has an excellent background - no criminal record,
is a family man and a business man and he is doing this because he
enjoys inventing the machines and would like to experiment with
what he considers his hobby. He would never want to see his
business become a problem for the neighborhood and would do his
utmost to prevent it.
Mayor Daly closed the public hearing.
MOTION: Council Member Hunter moved to deny Arcade Permit No. 1023, U Pick
Arcade. Council Member Daly seconded the motion.
Before a vote was taken, Council Member Hunter continued noting all the
businesses who are opposed including Chief Auto Parts, Foodland, Spires,
Dr. Welch, etc. There are a lot of people opposed. Although Mr. Vuong
probably has a good thing in the type of business he is proposing, it is the
wrong location.
Mayor Daly. He agrees that perhaps a more suitable location could be found
but at this location there is a great concern by the Police Department,
merchants and residents.
City Attorney White suggested the incorporation of the requisite findings
under Anaheim Municipal Code Section 4.14.045 that the application is being
denied on the basis it is contrary to the public interest, safety or general
welfare due to the high crime and gang activity in the area of the proposed
business and that the nature of the business would be susceptible to
contributing to such activity and would be detrimental to other businesses in
the general area.
Council Member Hunter incorporated those findings in his motion to deny the
arcade permit. A vote was then taken on the foregoing motion. Council Member
Simpson was absent. MOTION CARRIED.
Cl. 144: REQUEST FOR WAIVER OF 60-DAY NOTICE - COUNTY OF ORANGE:
Authorizing the City Clerk to sign a waiver of 60-Day Notice for a mental
health/drug abuse program at 1174 N. Euclid and a drug abuse program at 501 N.
Brookhurst as requested by the County of Orange, subject to the County
complying with City of Anaheim zoning regulations.
Submitted was report dated November 3, 1993 from the Planning Director to the
City Clerk regarding this request reporting on the staff's contact with the
County wherein staff obtained details regarding the proposed leases by the
County.
Mayor Daly questioned what would happen if the waiver is not approved.
City Attorney White. The City by State statute has 60 days after receipt of a
notice from the County to comment upon the proposed use as to how it complies
with or fits in with the City's General Plan and the zoning in the area. If
the City comments one way or the other, the County is not bound to follow
whatever the comments or recommendations are. What the County' is
automatically prohibited from doing by statute is to enter into a lease or to
start an activity within that 60-day comment period. The County is asking-the
City to waive that 60-day period so they can enter into a lease or an
operating agreement and commence the use of the property prior to the
expiration of that 60 days.
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City Hall, Anaheimr California -COUNCIL MINIFTES- NOVEMBER 16, 1993 - 5:00 P.M.
Mayor Daly. Relative to the square footage, one is 63,000 square feet at
1174 N. Euclid and the other is 5,000 square feet at 501 N. Brookhurst. He
asked if these are existing medical buildings.
Greg Hastings, Zoning Division Manager. In contacting the County, both
locations are currently medical, quasi-professional office use. Both uses
would be permitted as a matter of right in those zones.
Mayor Daly. He is wondering whether staff had concerns or not. It appears
the only input the City is going to give is about parking.
Joel Fick, Planning Director. The particular request before the Council today
is merely for the notice waiver. In that regard, staff had no comments
pertaining to the notice itself. They did have some interest and potentially
some concerns about the use. They contacted County staff and were informed
the proposed use would be of an office type nature. The zoning is C-L and
their commentary to the City was that the appearance would be similar to a
standard office type use. The proposed use would be for a mental health and
drug abuse program. They have indicated the use would be compatible because
it would resemble a medical type facility that would be compatible with
adjoining uses.
Mayor Daly. He asked if the City gained anything by denying the waiver
besides time to pursue questioning. The County is always asking for waivers
and if they want to put a drug abuse clinic on a major street in Anaheim, he
feels the City should know what is happening.
MOTION: Council Member Daly moved to deny the request for waiver of 60-day
notice as requested by the County of Orange. Council Member Pickler seconded
the motion. Council Member Simpson was absent. MOTION CARRIED.
City Attorney White. They cannot commence any activity and the Planning
Department will have additional time in which to get more information and
possibly comment adversely if that would be appropriate as to the effect the
use would have on the area.
C2. 114: CALENDAR FOR CITY COUNCIL MEETINGS - 1994:
City Clerk Lee Sohl. She referred to the proposed calendar for 1994 noting
that the only dates left in question would be October 25, 1994 which is
proposed to be the League of Cities Annual Meeting and then in December, 1994,
whether or not the Council wished to cancel the meeting between Christmas and
New Years.
MOTION: Council Member Daly moved to adopt the schedule laid out to adopt the
City Council meeting scheduled for 1994 as laid out and that the last meeting
in October, October 25, 1994 not be scheduled for a meeting and that the
meeting of December 27, 1994 not be a scheduled meeting as well.
Before a vote was taken, City Clerk Sohl confirmed at the request of the
Council, the action proposed would automatically cancel the Council meetings
of January 18, February 22, March 29, April 5, May 31, July 5,. August 30,
September 6, October 25, November 29 and December 27, 1994. The one question
she would have, it is her understanding the Council does wish to continue
meeting on a quarterly basis or bi-annual basis with the Planning,
Redevelopment and Budget Advisory Commission.
Mayor Daly. He suggested that the Council get back to the City Clerk on that
issue at a later date in terms of the appropriate schedule.
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City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 16, 1993 - 5:00 P.M.
A vote was then taken on the foregoing motion adopting the City Council Master
Calendar of meetings for 1994 which included cancelling the meetings as
outlined on the calendar including October 25, 1994 and December 27, 1994.
Council' Member Hunter seconded the motion. Council Member Simpson was absent.
MOTION CARRIED.
ADJOURNMENT: By general consent, the meeting was adjourned. (8:30 p.m. )
The next City Council meeting will be held November 30, 1993.
LEONORA N. SOHL, CITY CLERK
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