1992/09/01City Hall, ~_nahe!_m_, California - COUNCIL MINUTES - September 1, 1992-5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
CODE ENFORCEMENT MANAGER: John Poole
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 11:35 a.m. on August 28, 1992 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 3:00 p.m.
REQUEST FOR 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.
City of Anaheim v. Admiral Insurance Co. et al. SDSC
Case No. 65-06-78.
In Re Application of Southern California Edison Co. CPUC
Docket Nos. R.91-68-003 and 1.91-08-002.
b. To meet with and give directions 'to its authorized
representative regarding labor relations matters -
Government Code Section 54957.6.
c. To consider and take possible action upon personnel
matters pursuant to Government Code Section 54957.
In Re Grievance of Jeffrey Mayer, File No. 910281.
d. To confer with its attorney regarding potential
litigation pursuant to Government Code Section
54956.9 (b) (1).
e. To consider and take possible action upon such other
matters as are orally announced by the City
Attorney, City Manager or City Council prior to such
recess unless the motion to recess indicates any of
the matters will not be considered in closed
session.
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By general Consent, the Council recessed into Closed Session. (3:00 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.
(5:25 p.m.)
INVOCATION: A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
INTRODUCTION - NEW CITY TREASURER.'..
Mayor Hunter introduced to the public, Charlene Jung, the City's newly
appointed City Treasurer. Ms. Jung had assisted the former City Treasurer,
Mary Turner as the City's Investment Officer for approximately 3 years.
Charlene expressed that it was a pleasure and honor having been appointed City
Treasurer. She will carry on the traditions of the office to the greatest
benefit of the City of Anaheim.
119: PRESENTATION - YWCA OF CENTRAL ORANGE COUNTY:
City Clerk Leonora Sohl (President, Central Orange County YWCA) introduced Jan
Mickelson, Assistant to the Executive Director of the YWCA. A very generous
contribution has been received from four firms to finance the equipment for
one classroom needed in the newly established Anaheim's Children Station Day
Care Center.
Jan Mickelson, Assistant to the Executive Director, YWCA. On behalf of the
Central Orange County YWCA, she first thanked the City and the Redevelopment
Agency for the assistance given in this project, the establishment of the
Anaheim Children's Station for infant and child care. They are extremely
grateful to the firms who have contributed financially to the project -
Merrill Lynch, Stone & Youngberg, Jones Hall Hill & White and Stradling,
Yocca, Carlson & Rauth. She then introduced Miriam Kaywood, Honorary
Chairperson.
Miriam Kaywood. She first showed a black and white rendering of the logo to
be used for the Anaheim's children station. They are looking forward to the
grand opening of the facility which will probably be early 1993.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
International Association of Fire Chief's Week,
September 12- 16, 1992
Fire Chief, Jeff Bowman accepted the proclamation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Bob Erickson, Power
Resources Planner in the City's Utilities Department upon his retirement after
21 years of dedicated service to the City and citizens of Anaheim.
Mayor Hunter and Council Members congratulated and commended Mr. Erickson and
wished him well in his retirement.
119: CERTIFICATE OF RECOGNITION: A Certificate of Recognition was presented
to 3~ year old Scott Burgess, accompanied by his mother, who saved the life of
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his baby brother Joey (1 year). Joey was choking on a cotton ball. Scott was
alert enough to recognize the situation and the danger and dislodged the
obstruction from his brother's throat.
Mayor Hunter and Council Members greeted and congratulated Scott and his
mother.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,753,522.84 for the
period ending August 28, 1992, in accordance with the 1992-93 Budget, were
approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Improvement Corporation meetings.
(5:44 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:47 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS:
City Attorney White. For the Council, public and the record, relative to
Item Cl on today's agenda, if Mr. Adams or Mr. Anthony or anyone else wishes
to address this item on tonight's agenda (termination or'modification of
Conditional Use Permit Nos. 1703, 2525 and 3052), while the speakers have a
right under the Brown Act in the Anaheim Municipal Code to speak for three
minutes per person or a maximum of ten minutes per subject, any comments shall
not be included for evidentiary purposes for the hearing. The hearing on the
matter has been closed and any comments made will not be included in the
record at the hearing for Item Cl.
George Adams, Adams International. Reading from a prepared statement (made a
part of the record of the Council meeting) he requested a 30-day continuance
of any decision on Item Cl on today's agenda. He outlined what he considers a
plan to "finally began to remove the old shredder waste". Terminating the
conditional use permits would only force them to file an appeal in Superior
Court which would be a waste of money, money that is necessary for the
shredder waste removal. "This problem has been here since 1984. Allowing
thirty more days will not hurt anything. It will not in any way harm the City
or affect its ability to terminate our use permits."
Phillip Anthony. He does work for the Adamses and has for the last nine or
ten years. They recently have tried hard working with staff to find a
constructive course of action. The alternative the Council might be
considering would be just more wasted money for attorney's fees and the loss
of the last good opportunity. He is concerned about the information before
the Council tonight. He has read the document presented by the Hearing
officer. He does not consider it an objective summary but a one-sided
presentation by the City's hired attorneys. He urged the Council to review
the evidence themselves - the transcripts and exhibits, because what they have
is a totally distorted, erroneous and one-sided presentation of the story. It
is not a balanced review of the data and testimony presented. The other part
is the impression being given that there is an imminent threat to public
health by the waste pile. It has been carefully studied by everybody. It was
clearly borne out in the State Department's hearing last year there is not an
imminent health threat. Everybody agrees it should not be there, but to take
the situation and turn it into another lawsuit is not going to remove the
pile. There is a new treatment for shredder waste. The cost to haul it away
was always too expensive. It is now in the five million dollar range. The
Adamses are willing to start hauling the waste away one truck at a time. This
is a chance to remove the pile, or to spend more taxpayer's money in trying to
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drive an Anaheim taxpayer out of business. He urged the Council to consider
the matter - take a few more days and let them demonstrate that at least one
truck of that old pile can be hauled out of Anaheim.
(See action taken under Item Cl).
ITEMS OF PUBLIC INTEREST:
Frank Williams. He was involved in a sting operation at Anaheim Stadium by
Anaheim Undercover Police and the Alcoholic Beverage Commission. He was put
on suspension and on July 17, 1992, received his termination papers from
Ogden. Nine people were involved. They are not criminals and the penalty
exceeded the crime. He is asking the Council for a recommendation for a
rehiring by Ogden. He urged the Council to talk to Ogden on their behalf to
reinstate them. They were set up and they are guilty. They want help to try
to get their positions and livelihood back.
Jerry Bakke. He has a house in Anaheim. A bunch of neighbors were cited for
leaving garbage cans in front of their houses. He was cited for an
inoperable pickup truck. He explained the circumstances involved and that the
pickup is licensed and insured. He is appalled that the City cited him for
something so insignificant and the time involved in having to wait for someone
to come to see if the truck is working.
Mayor Hunter noted that the Code Enforcement Manager, John Poole was in the
Chamber audience; Mr. Poole stated he would ta. lk to Mr. Bakke to resolve the
problem.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Ehrle, 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. 92R-186 through 92R-191, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5333 for introduction.
Refer to Resolution Book.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 92R-186 through 92R-191, both
inclusive, for adoption. )
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Al. 107: Receiving and filing the statistical report summary for the
Building Division, period ending July 31, 1992.
105: Minutes of the Community Redevelopment Commission meeting held July 29,
1992.
A2. 170: Approving Final Map Tract No. 14632 submitted by Anaheim
Redevelopment Agency, Developer. Tract No. 14'632 is located at 113-215 South
Atchison Street and 615 Broadway.
A3. 149: ORDINANCE NO. 5333 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PROHIBITED PARKING ON PORTIONS OF ROOSEVELT ROAD
AND MONTE VISTA ROAD.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1992-5:00 P.M.
A4. 158: RESOLUTION NO. 92R-186: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY TO PUBLIC STREET
PURPOSES. (Lincoln Avenue R/W 4938)
A5. 113: RESOLUTION NO. 92R-187:. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
SIX MONTHS OLD. (Public Utilities recording tapes)
A6. 155: Approving a Negative Declaration of Environmental Impact for
Pedestrian and Traffic Signal Improvements Project in compliance with the
California Environmental Quality Act (CEQA).
A7. 150: Awarding a contract for Sage Park Improvements Phase I, Ball Field
Renovation to the lowest and best responsible bidder, E. C. Construction
Company in the amount of $35,883.73; and in the event said low bidder fails to
comply with the terms of the award, to award the contract to the second low
bidder and waive any irregularities in the bids of both the low and second low
bidders.
A8. 170: Approving the Final Map and Subdivision Agreement of Tract No.
13511, submitted by The Baldwin Company of Irvine, Developer, and Vintage
Communities of Newport Beach, Builder. Tract No 13511 is located at The
Summit of Anaheim Hills, on Marblehead Way and Hanlon Court, east of Serrano
Avenue.
A9. 160: Accepting the low bid of VIP Motorcycles, Inc. Buena Park, in the
amount of $59,080 for ten Kawasaki motorcycles for the Police Department, in
accordance with Bid #5076.
Al0. 160: Authorizing the Purchasing Agent to issue a change order to Nokia
Cables USA, Inc. on P.O. No. 64930M, for an additional amount not to exceed
$72,450 for 5,000 feet of 69 KV power cable, bringing the revised purchase
order total to an amount not to exceed $396,41.7.42.
All. 114: Receiving and filing Resolution 92-80 City of Costa Mesa,
supporting the Final Report of the Special Commission on Air Quality and the
Economy.
Al2. 178: Receiving and filing Resolution No. 8374 - A Resolution levying
taxes for the fiscal year commencing July 1,1992 and ending June 30, 1993 for
purposes of the Metropolitan Water District of Southern California.
Al3. 160: Waiving Council Policy No. 306 and authorizing the Purchasing
Agent to issue a purchase order to Motorola Communications, Orange, California
in the amount of $22,795 including material and labor, for repair and
maintenance of ninety-four (94) each Mobile Data Terminals for a period of ten
(10) months beginning September 1, 1992 through June 1993.
Al4. 123: Approving an agreement with JHK & Associates for consultant
services to design, inspect and implement two CalTrans-funded Traffic Systems
Management projects along the SR 91 Freeway/La Palma Avenue Corridor, in an
amount not to exceed $271,123.08.
Al5. 153: RESOLUTION NO. 92R-188: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS. (Creating the
part-time classification of Landscape Maintenance Inspector. )
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City Manager Ruth answered questions posed by Council Member Daly; later in
the meeting he stated he possibly may have misled the Council. He confused
this with another operation when he said they had abolished a management
position. What they did, they took part-time hours that had been cut back in
the Park Maintenance Division and reallocated those hours to hire the
part-time person. In this case they actually reallocated existing part-time
hours to create this position to give better supervision and attention to the
contract service. It is not an increase in the budget. Salaries are already
there, but have been reallocated. It is not a management position.
Al6. 175: RESOLUTION NO. 92R-189: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE ELECTRIC AND WATER RATES, RULES AND REGULATIONS.
(Rules 6, 7 and 11)
Al7. 158: RESOLUTION NO. 92R-190: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. (Presley, Deer Canyon)
Al8. 123: Approving an agreement for Prosecution Services to enable the City
Attorney's Office to provide legal services to the City of Placentia for the
prosecution of Placentia municipal code violations.
Al9. 137: RESOLUTION NO. 92R-191: A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS RELATING TO THE
REFUNDING OF CERTAIN PRIOR OBLIGATIONS, APPROVING THE FORM AND AUTHORIZING
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE
OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, APPROVING
THE FORM AND AUTHORIZING EXECUTION OF A CERTIFICATE PURCHASE AGREEMENT AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (Anaheim
Public Improvement Corporation, 1992 Refunding Project, $133 million.)
A20. 106: Amending the Fiscal Year 1992/93 Budget by appropriating
additional revenues in the amount of $829,610 and expenditures in the amount
of $3,481,446 in Fund 63 for the construction of the Office/Warehouse Support
Facility at the Stadium.
Roll Call Vote on Resolution Nos. 92R-186 throuqh 92R-191, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 92R-186 through 92R-191, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A21. 155: PUBLIC MEETING EIR NO. 314 AUTO CENTER DRIVE EXTENSION:
The purpose of the meeting is to receive public input on the subject EIR.
Submitted was report dated August 20, 1992 from the Director of Public Works
and City Engineer, Gary Johnson recommending that the Council certify EIR
No. 314 with associated act ions.
Attached to the report was a Mitigation Monitoring Program and summary of
findings of facts.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1992-5:00 P.M.
Mayor Hunter asked if anyone wished to speak to EIR No. 314; there was no
response.
MOTION.-.. Council Member Pickler moved to certify Environmental Impact Report
No. 314 for the Auto Center Drive Extension; making certain findings as
specified and adopting a Statement of Overriding Considerations and a
Mitigation Monitoring Program. Council Member Simpson seconded the motion.
MOTION CARRIED.
MOTION: Council Member Pickler moved to approve the Auto Center Drive
Extension Project. Council Member Simpson seconded the motion. MOTION
CARRIED.
ITEMS BI - B5 FROM THE ZONING ADMINISTRATOR MEETING OF AUGUST 20, 1992
DECISION DATE: INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 11, 1992:
B1. 179: VARIANCE NO. 4190 AND NEGATIVE DECLARATION:
LOCATION: 1617 East Ball Road. North side of Ball Road, west of
the center line of State College Boulevard.
To permit a vocational training school in an existing 26,100
square foot industrial building with waiver of minimum number of
parking spaces.
OWNER: ALLEN ANTOYAN, 868 North Main St, Orange 92668
AGENT: NORTH ORANGE COUNTY R.O.P. 2350 ~. La Palma Ave, Ana 92801
APPROVED BY THE ZONING ADMINISTRATOR, ZA92-36.
B2. 179: VARIANCE NO. 4191 (CATEGORICALLY EXEMPT CLASS 5):
LOCATION: 362 Silverbrook Drive,northeast of Royal Oak Road and
East Honeybrook Lane.
To construct a 292 square foot room addition with waiver of
minimum side yard setback.
OWNER: DIANE & TIMOTHY SMITH, 362 Silverbrook Drive Anaheim 92807
APPROVED BY THE ZONING ADMINISTRATOR, ZA92-37
B3. 179: VARIANCE NO. 4193 (CATEGORICALLY EXEMPT, CLASS 11):
LOCATION: 1501-1525 North Raymond Avenue, northwest corner of
Raymond Avenue and Orangefair Lane.
To construct a 46-square foot freestanding monument sign, with
waiver of permitted location of freestanding signs.
OWNER: TOWER INDUSTRIES, 2951 E. LaPalma Ave, Anaheim 92806
AGENT: JOHN BISHOP DESIGN, 1522 Kenneth Drive, Santa Ana 92805
APPROVED BY THE ZONING ADMINISTRATOR, ZA92-38
B4. 179: AMUSEMENT ARCADE NO. 1015:
To permit an amusement arcade for up to fifteen amusement/arcade
devices at 5572 East Santa Ana Canyon Road (Rudy's Pizza).
APPROVED BY THE ~.ONINC ADMINISTRATOR, ~.A92-39
B5. 179: AMUSEMENT ARCADE NO. 1016:
To permit an amusement arcade for up to twelve amusement/arcade
devices at 6501 East Serrano Avenue (Anaheim Hills Market and
Liquor).
DENIED BY THE ZONING ADMINISTRATOR, ZA92-40 (Located within 600
feet of a school.)
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END OF ZONING ADMINISTRATOR ITEMS
ITEMS B6 - B7 FROM THE PLANNING COMMISSION MEETING OF AUGUST 10t 1992
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 1, 1992:
B6. 179: CONDITIONAL USE PERMIT NO. 3530 AND NEGATIVE DECLARATION:
OWNER: MOHAMAD AND NOHA KHOURAKI, 1225 S. Brookhurst St. Ana
92804
AGENT: THOMAS BRUNO, 27811 Camino La Ronda, San Juan Capistrano
9275
LOCATION: 1225 South Brookhurst Street, west side of Brookhurst
and south of Ball Road.
To permit a 3-unit 3,503 square foot, commercial retail center
with waiver of maximum structural height.
APPROVED BY THE PLANNING COMMISSION (7-0) PC92-97
APPROVED NEGATIVE DECLARATION.
Council Member Pickler posed questions to staff for purposes of clarification
relative to the retail center which were answered by the Zoning Administrator,
Annika Santalahti. Subsequently, no action was taken by the Council on this
item.
B7. 179: CONDITIONAL USE PERMIT NO. 3429 (READVERTISED) (CATEGORICALLY
EXEMPT):
OWNER: HOME DEPOT, 2300 W Lincoln Ave, Anaheim 92801
AGENT: CARNIVAL CARTS, Attn: Marlene Brown, 12351Morrie Lane,
Garden Grove, CA 92640
LOCATION: 2300 WEST LINCOLN AVENUE, South side of Lincoln Ave,
and east of Gilbert Street.
To amend or delete condition of approval pertaining to the time
limitation for a portable food service ~se (hot dog cart) in
conjunction with a permitted retail store.
APPROVED BY THE PLANNING COMMISSION (7-0) PC92-98 FOR A PERIOD OF
ONE YEAR.
END OF PLANNING COMMISSION ITEMS .
B8. 179: REQUEST FOR EXTENSION OF TIME - VARIANCE NO. 4113:
Requested by Hugh A. Jones, Kaiser Permanente for an extension of time to
expire September 24, 1993 to comply with conditions of approval. Property is
located at 3030 West Orange Ave. Variance 4113 was to permit construction of
a 5-story, 140,000 square foot medical multi-~p~cialty offie~ building wi~h
two levels of subterranean parking and a detached 5-level parking structure.
Submitted was report dated August 18, 1992 from the Zoning Administrator,
Annika Santalahti recommending approval of the requested extension of time to
expire September 24, 1993.
MOTION: Council Member Ehrle moved to approve the requested extension of time
for Variance No. 4113 to expire September 24, 1993. Council Member Pickler
seconded the motion. MOTION CARRIED.
B9. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3440:
Requested by John E. Durso, ARV Affordable Housing, for an extension of time
to expire August 27, 1993 to comply with condi, tions of approval. Property is
located at north side of Lincoln Avenue, west of Western Avenue, 3301 West
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Lincoln Avenue. CUP No. 3440 was to permit a 135 unit affordable senior
citizen' s apartment complex.
Submitted was report dated August 26, 1992 from the Zoning Administrator,
Annika Santalahti recommending approval of the time extension retroactive to
August 27, 1992 to expire August 27, 1993 subject to the specific landscaping
plan required in connection with Condition No. 14 of Resolution No. 91R-266
including the additional two conditions listed as (a) and (b) in the subject
staff report.
MOTION: Council Member Ehrle moved to approve the requested extension of time
to expire August 27, 1993 subject to the specific landscaping plan required in
connection with Condition No. 14 of Resolution No. 91R-266 and including the
two additional conditions as listed in the staff report dated August 26, 1992
Items (a) and (b). Council Member Pickler seconded the motion. MOTION
CARRIED.
B10. 179: ORDINANCE NOS. 5331 AND 5332 FOR ADOPTION: Ordinance No. 5331 for
adoption, amending Sections of Title 18.44, .45, .46 .61 and .63 and deleting
subsections 18.63.020.040 of certain chapters of Title 18 of the Anaheim
Municipal Code relating to Automotive Vehicle Repair Facilities; Ordinance
No. 5332 for adoption, amending the Zoning Map referred to in Title 18 of the
Anaheim Municipal Code relating to zoning. (To rezone property under
Reclassification No. 87-88-48 located at 220 North Coffman Street from the RS-
7200 zone to the RM-1200 zone.) (Both ordinances were introduced at the
meeting of August 25, 1992.)
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5331)
Council Member Pickler moved to waive the reading in full of the ordinance.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5331 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5331: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.44.050, 18.45.050, 18.46.050, 18.61.050, 18.63.050 AND DELETING SUBSECTION
18.63.020.040 OF CHAPTERS 18.44, 18.45, 18.46,. 18.61 AND 18.63 RESPECTIVELY,
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO AUTOMOTIVE VEHICLE
REPAIR FACILITIES.
Roll Call Vote on Ordinance No. 5331 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT~ COUNCIL MEMBERS ~ None
The Mayor declared Ordinance No. 5331 duly passed and adopted.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5332)
Council Member Pickler moved to waive the reading in full of the ordinance.
Council Member Simpson seconded the motion. MOTION CARRIED.
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·
Council Member Pickler offered Ordinance No. 5332 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5332: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(To rezone property under Reclassification No. 87-88-48 located at 220 North
Coffman Street from the RS-7200 zone to the RM-1200 zone. )
Before a vote was taken, Council Member Daly stated the vote on rezoning of
the subject property was taken before he was on the Council. He will,
therefore, be voting no. A roll call vote was then taken on the foregoing
ordinance and carried by the following vote:
Roll Call Vote on Ordinance No. 5332 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSENT.- COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5332 duly passed and adopted.
Bll. 179: REQUEST FOR REHEARING RECLASSIFICATION NO. 91-92-18, CONDITIONAL
USE PERMIT NO. 3517 AND TENTATIVE TRACT NO. 1~617:
A request for rehearing was submitted by Andrew Homes, Inc. 440
MacArthur Blvd., Newport Beach, CA 92660. The property is located at
842 South Knott Street. The request was for a l-lot 19 unit, RM-2400
air space condominium subdivision with 4 code waivers.
Public hearing was held at the City Council meeting of
July 21, 1992 (item D2), following which it was denied by
the City Council Resolution Nos. 92R-158 and 92R-159 (5-0)
MOTION: Council Member Hunter moved to deny the request for a rehearing on
the subject Reclassification, Conditional Use Permit and Tentative Tract.
Council Member Daly seconded the motion. MOTION CARRIED.
Cl. 179: TERMINATION OR MODIFICATION OF CONDITIONAL USE PERMIT NOS. 1703,
2525 AND 3052 - ADAMS INTERNATIONAL METALS CORPORATION~ SELF-SERVE AUTO
DISMANTLERS, INC. COUNTY AUTO RESALE SERVICES, INC. AND DBW SERVICES INC.:
To consider and accept or reject the findings and recommendations
of the Hearing Officer, Honorable John L. Flynn, appointed by the
City Council.
Submitted was report dated August 26, 1992 from the City Attorney with
attachments as follows:
1. A copy of the staff report regarding termination or
modification of CUP Nos. 1703, 2525 and 3052 (Adams
International Metals, et al. ).
2. A copy of the Final Findings and Recommendations of the
Hearing Officer to the City Council.
City Attorney, Jack White. A Public hearing to consider modification or
termination of Conditional Use. Permit Nos. 1703, 2525 and 3052 was originally
scheduled by the City Council to be considered at a duly noticed public
hearing set for August 13, 1991. On August 13, the City Council continued the
public hearing to October 8, 1991. On October 8, pursuant to Section 1.12.110
of the Anaheim Municipal Code, the City Council referred the matter to a
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City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1992-5:00 P.M.
Hearing Officer from Judicial Arbitration and Mediation Services to be
selected by the City Attorney. The public hearing was continued until
following receipt of the Hearing Officer's recommendation. On December 27,
1991, pursuant to notice published December 13, 1991, the Hearing Officer, the
Honorable John L. Flynn conducted the public hearing in order to view the
property in question. On April 3, 8, 22 and May 1, 1992, the Hearing Officer
took public testimony and received evidence. The hearing was closed on May 1,
1992 with closing arguments June 24, 1992, continued to July 10, 1992. The
decision and recommendation of the Hearing Officer was rendered August 19,
1992. Tonight the City Council has in front of it the decision and
recommendation of the Hearing Officer (dated August 20, 1992) with proposed
findings of fact together with the administrative record of the hearing
conducted including all exhibits thereto. Staff's recommendation this evening
is that the City Council by resolution approve the recommendation of the
Hearing Officer and adopt the findings as proposed terminating Conditional Use
Permit Nos. 1703, 2525 and 3052. Under the City Council's procedures and
ordinances, no additional testimony can be taken at this time. The hearing
has been closed since May 1, 1992. The matter is now before the Council for
determination. If there are questions, he or staff, including outside
counsel, are present to assist.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-192)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 92R-192 for adoption, accepting
the findings and recommendations of the Hearing Officer and thereby
terminating Conditional Use Permit Nos. 1703, 2525 and 3052. Refer to
·
Resolution Book.
RESOLUTION NO. 92R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING CONDITIONAL USE PERMIT NOS. 1703, 2525 AND 3052, AND
DECLARING RESOLUTIONS NUMBERS PC77-184, 77R-670, 86R-394, 87R-91, PC84-106,
84R-299, 86R-395, 87R-92 AND PC88-225 NULL AND VOID.
Roll Call Vote on Resolution No. 92R-192 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-192 duly passed and adopted.
D1. 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 91-92-19 AND
~ITI~AT~D N~ATIV~ D~LARATION~
OWNER: The Fluor Family Trust, 4521Perham Road, Corona Del Mar, CA
92625.
AGENT: Cecil C. Wright, 265 S. Anita Drive, Ste. 205, Orange, CA
92668.
LOCATION/REQUEST: The property is located at 1320-1382 Auto Center
Drive and is approximately 7.98 acres located at the southwest corner of
Auto Center Drive (formerly Taft Avenue) and Sanderson Avenue. The
request is for a change from the ML Zone to the CL Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
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City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1992-5:00 P.M.
Reclassification No. 91-92-19 GRANTED (PC92-79) (5 yes votes, 2 no
votes).
Approved Mitigated Negative Declaration.
HEARING SET ON: The Planning Commission's decision was appealed by the Fluor
Family Trust (agent, Cecil Wright) and public hearing scheduled and continued
from the meetings of August 11, August 18 and August 25, 1992 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - July 30, 1992
Mailing to property owners within 300 feet - July 30, 1992
Posting of property - July 31, 1992
City Clerk Sohl. A letter has again been received from Cecil Wright, Agent
for the applicant requesting that the matter be continued to Tuesday,
September 15, 1992.
Mayor Hunter asked if anyone was present opposed to an additional continuance
of the public hearing to September 15, 1992; there was no response.
On motion by Council Member Hunter, seconded by Council Member Daly the
subject public hearing was continued one-week to September 15, 1992.
D2. 179: PUBLIC HEARING RECLASSIFICATION NO. 91-92-20, VARIANCE NO. 4181,
TENTATIVE TRACT MAP NO. 14641, SPECIMEN TREE REMOVAL PERMIT NO. 92-02 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: M.Y. Pelanconi Estate, c/o Bernardo M. Yorba, Executor,
300 S. Harbor Blvd., Suite 912, Anaheim, 92805.
AGENT: Morgan Development, Inc., Attn: Max Morgan, President, 20341
Irvine Avenue, Suite D3, Santa Ana, California 92707.
LOCATION/REQUEST: The property is located at 5540 East Santa Ana Canyon
Road and is approximately 12.38 acres located on the south side of Santa
Ana Canyon Road and also having frontage on the north side of Avenida
Margarita and approximately 1,211 feet east of the centerline of Royal
Oak Road. The request is for a change in zone from RS-A-43,000 (SC) to
RS-5000 (SC).
Waiver of required lot frontage and required location and
orientation of buildings to establish a .36-1ot RS-5000 (SC) and
RS-A-43,000 (SC) single -family residential subdivision (including
the construction of 34 single-family residences.)
To Remove 51 specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 91-92-20 DENIED (PC92-87) (5 yes votes, 1 no
vote, 1 absent)
Variance No. 4181 DENIED (PC92-88) (4 yes votes, 2 no votes, 1
absent)
Tentative Tract Map No. 14641 DENIED (5 yes votes, i no vote, 1 absent)
Specimen Tree Removal Permit No. 91-02 DENIED (5 yes votes, 1 no
vote, 1 absent)
Approved Mitigated Negative Declaration.
HEARING SET ON: A letter of appeal was submitted by the Agent, Morgan
Development, Inc., and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - August 20, 1992
Mailing to property owners within 300 feet - August 19, 1992
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City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1992-5:00 P.M.
Posting of property- August 21, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated July 27, 1992.
City Clerk Sohl announced that Morgan Development has requested a continuance
of the public hearing to September 29, 1992, pending in action before the
Planning Commission.
Mayor Hunter. He asked to hear from staff.
Joel Fick, Planning Director. The plans have been revised and because it is a
revised plan subsequent to the Planning Commission action, the developer is
going back to the Planning Commission with a hearing scheduled in September.
Council Member Simpson. He asked if the developer is meeting with the
neighbors in the area; Joel Fick. His understanding is that they are but he
is not sure exactly who they are meeting with.
Mayor Hunter. The Council is considering a continuance as requested to
September 29, 1992. He asked if those present were opposed to such a
·
continuance. No one was opposed. The Mayor continued that it is his
understanding that they are going back to the Planning Commission for a
reclassification to RS7200 instead of RS5000.
MOTION: Council Member Pickler moved to continue the subject public hearing
to Tuesday, September 29, 1992. Council Member Hunter seconded the motion.
MOTION CARRIED.
WORK SOLICITATION SIGNS: Council Member Pickler expressed concern relative to
those soliciting in the City carrying signs seeking work and also day
laborers. He would like to agendize the matter for discussion.
City Attorney White. He has previously given the Council some information on
the issue and gave options. He then explained what the City can and cannot do
and also what other cities have done.
After brief discussion, it was determined that the City Attorney will address
the issue in a memorandum which will subsequently be submitted to the Council.
ADJOURNMENT: By general consent the Council adjourned. (6:40 p.m.)
No meeting is scheduled for Tuesday, September 8, 1992 since a quorum is not
anticipated (Labor Day).
LEONORA N. SOHL, CITY CLERK
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