1991/02/05City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY MANAGER: Jim Armstrong
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
PRINCIPAL TRAFFIC ENGINEER: John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:25 p.m. on February 1, 1991 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 4:00 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.
Thompson vs. City of Anaheim, Orange County Superior Court Case No.
55-78-43.
William Martin vs. City of Anaheim, Orange County Superior Court Case
No. 54-83-60.
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.
d. To meet with its property negotiator to consider acquisition of
property located at 400 W. Freedman Way.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
f. 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.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:07 p.m.)
INVOCATION: Reverend Bryan Crow, Garden Church, gave the invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - BOOK ON ANAHEIM HISTORY: Mr. Alan Hughes, Anaheim
Chamber of Commerce presented Council Members with a newly published book
written by John Westcott entitled, 'Anaheim, A City of Dreams". He then
introduced Mr. Westcott who was personally greeted by Council Members.
Council Members also thanked and commended him for what appears to be an
excellent book outlining Anaheim's history.
119: PROCLAMATIONS:
PTA Week in Anaheim, February 17 - 23, 1991
Medical Assistants Week in Anaheim, February 17 - 24, 1991
Gayle Hosler and Joan Lutz accepted the PTA Week Proclamation.
119: DECLARATION OF CONGRATULATION AND TRIBUTE: A declaration of
congratulation and tribute was unanimously adopted by the City Council to be
presented to Jimmy Reese, Angels Coach, starting his 74th season in baseball
and also commending him on his devotion and commitment to the game.
MINUTES: Council Member Hunter moved to approve the minutes of the regular
meeting of December 11, 1990 and the adjourned regular meeting of December 18,
1990. Council Member Pickler seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,527,614.77 for the week
ending January 18, 1991; $3,541,707.26 for the week ending January 25, 1991;
and $3,109,381.78 for the week ending February 1, 1991, in accordance with the
1990-91 Budget, were approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:20 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:23 p.m.)
WAIVER OF READING - RESOLUTION: The title of the following resolutions were
read by the City Clerk. (Resolution Nos. 91R-20 through 91R-27, both
inclusive, for adoption)
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City Hall, Anaheim, California - COUNCIL MINUTES - February '5, 1991, 5:00 P.M.
Council Member Pickler moved to waive the reading in full of the resolutions.
Council Member Ehrle seconded the motion. MOTION CARRIED.
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. 91R-20 through 91R-27, both inclusive, for
adoption. Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Vivian Bass for bodily injury sustained purportedly
due to actions of the City on or about October 12, 1990.
b. Claim submitted by Premier Assurance and Casualty for property damage
sustained purportedly due to actions of the City on or about July 3, 1990.
c. Claim submitted by Esequiel, Patricia and Eva Vasquez for bodily
injuries sustained purportedly due to actions of the City on or about July 8,
1990.
d. Claim submitted by Anthony Purpura for bodily injury sustained
purportedly due to actions of the City on or about July 30, 1990.
e. Claim submitted by Mark Clifford Sykes for bodily injury sustained
purportedly due to actions of the City on or about October 10, 1990.
f. Claim submitted by Lewis Eugene Starks for bodily injury sustained
purportedly due to actions of the City on or about November 13, 1990.
g. Claim submitted by Neil Todd Rolph for property damage sustained
purportedly due to actions of the City on or about November 28, 1990.
h. Claim submitted by Janet Norene Doherty for property damage sustained
purportedly due to actions of the City on or about December 19, 1990.
i. Claim submitted by Armando Ribas for bodily injury sustained
purportedly due to actions of the City on or about July 5, 1990.
j. Claim submitted by Darrell Lee Jackson for bodily injury sustained
purportedly due to actions of the City on or about June 28 and 29, 1990.
k. Claim submitted by Leslie, Ashley, Nicole De La Rosa and Tracey
Lockridge for bodily injuries sustained purportedly due to actions of the City
on or about June 21, 1990.
1. Claim submitted by Pacific Bell for property damage sustained
purportedly due to actions of the City on or about October 16, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
m. Claim submitted by 20th Century Insurance Company for indemnity
sustained purportedly due to actions of the City on or about September 17,
1990.
n. Claim submitted by Helena Malek for property damage sustained
purportedly due to actions of the City on or about September 17, 1990.
o. Claim submitted by Ray Wilson Contractors for property damage
sustained purportedly due to actions of the City on or about May 5, 1990.
p. Claim submitted by Judith Ann Pribyl (Newsom) for bodily injury
sustained purportedly due to actions of the City on or about January 15, 1991.
q. Claim submitted by Lori B. Stolz for property damage sustained
purportedly due to actions of the City on or about November 7, 1990.
r. Claim submitted by Junelle Porter for property damage sustained
purportedly due to actions of the City on or about January 3, 1991.
s. Claim submitted by Pia, Don, Shauna and Neel Ganguly for bodily
injuries sustained purportedly due to actions of the City on or about July 16,
1990.
t. Claim submitted by Steven McCullough for bodily injury sustained
purportedly due to actions of the City on or about December 17, 1990.
u. Claim submitted by Christopher T. Leung for property damage sustained
purportedly due to actions of the City on or about July of 1990.
v. Claim submitted by Jorge Zepeda for property damage and bodily injury
sustained purportedly due to actions of the City on or about November 13,
1990.
w. Claim submitted by John Daniel Yenser for property damage sustained
purportedly due to actions of the City on or about December 8, 1990.
x. Claim submitted by City of Buena Park for indemnity sustained
purportedly due to actions of the City on or about July 10, 1990.
y. claim submitted by Keith Johnson for bodily injury sustained
purportedly due to actions of the City on or about October 20, 1990.
z. Claim submitted by Edgar & Rosemarie Lucidi for bodily injury
sustained purportedly due to actions of the City on or about July 7, 1990.
aa. Claim submitted by Daniel T. Casey for property damage sustained
purportedly due to actions of the City on or about September 14, 1990.
A2. 156: Receiving and filing the Anaheim Police Department Crime and
Clearance Analysis for the month of December, 1990.
105: Receiving and filing minutes of the Golf Advisory Commission meeting
held November 28, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held November 28, 1990.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held December 13, 1990.
105: Receiving and filing minutes of the Community Services Board meeting
held December 13, 1990.
107: Receiving and filing the Statistical Report Summary ending December 31,
1990, from the Building Division.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Reports for the months of November and December, 1990.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held December 17, 1990.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held January 2, 1991.
105: Receiving and filing minutes of the Public Utilities Board meeting held
January 3, 1991.
173: Receiving and filing an application before the Public Utilities
Commission of the State of California in the matter of Airport Cruiser, Inc.,
for authority to extend its existing passenger stage certificate (PSC-5877) to
include scheduled service over regular routes between Buena
Park/Anaheim/Orange/Garden Grove and John Wayne Airport, and Newport
Beach/Costa Mesa/Irvine and Los Angeles International Airport.
A3. 175: Approving a Notice of Completion of the construction and
development of Water Well No. 47, by Beylik Drilling, and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A4. 175: Approving a Notice of Completion of the construction of 4th "A#
Bank at Lewis Substation, by Lamb Engineering and Construction Company, and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A5. 169: Approving a Notice of Completion of the construction of Lincoln
Avenue Median Island Improvements by Nobest, Inc., and authorizing the Mayor
to sign and the City Clerk to file said Notice of Completion.
A6. 150: Approving a Notice of Completion of the construction of Imperial
Park Landscape Improvements, by J.D.C. General Engineering, and authorizing
the Mayor to sign and the City Clerk to file said Notice of Completion.
A7. 101: Approving a Notice of Completion of the construction of Anaheim
Arena Phase I, Grading, Paving & Fencing by Clayton Engineering, and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
AS. 169: Approving a Notice of Completion of the construction of Crowther
Avenue Street and Bridge Improvements by Griffith Company, and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A9. 167: Approving a Notice of Completion of the construction of Traffic
Signal Improvements at various locations by i.M.S, a division of Paxin
Electric, and authorizing the Mayor to sign and the City Clerk to file said
Notice of Completion.
Al0. 101: Awarding the contract to the lowest and best responsible bidder,
Mel Smith Electric, Inc., in the amount of $1,086,220 for Anaheim Stadium
Parking Lot Relighting.
All. 158: RESOLUTION NO. 91R-20: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING EXECUTION OF A QUITCLAIM DEED AND ACCEPTANCE OF A
DEED FOR SIDEWALKS. (Tract No. 12995 - Woodcrest Development.)
Al2. 176: RESOLUTION NO. 91R-21: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (90-17A). (Suggested public hearing date:
March 12, 1991.)
A13. 151: Approving an Encroachment License Agreement with Hill Williams
Development Corporation for the construction and maintenance of an 8' private
sewer line appurtenant to Tract No. 13716.
Al4. 151: Approving an Encroachment License Agreement with Orange County
Water District for two water monitoring wells, one south of Julianna Street on
the east side of Pauline Street and the other on the west side of Olive
Street, north of La Palma Avenue.
Al5. 151: Approving an Encroachment License Agreement with Orange County
Water District for a water monitoring well on the west side of Douglass
Street, north of Katella Avenue.
Al6. 158: Authorizing payment of $35,755 to Nu Anaheim Limited Partnership
for asbestos removal to their building located at 721 - 727 North Anaheim
Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-39).
Al7. 123: Approving an agreement with Kimley-Horn and Associates, in the
amount of $200,000 for consulting efforts related to the Anaheim People Mover
Project (Phase I Study), and authorizing the City Manager to execute said
agreement.
A18. 123: Designating the City Manager to sign on behalf of the City of
Anaheim the Implementation Agreement with the County of Orange concerning
National Pollutant Discharge Elimination System (NPDES) requirements.
A19. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for four months ended October 31, 1990.
A20. 128: Receiving and filing t~e Monthly Financial Analysis presented by
the Director of Finance for five months ended November 30, 1990.
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City Hall, A~aheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
A21. 160: Accepting the low bid of Smit Transformer USA, in the amount of
$551,624 for one three-phase power 'Low-Profile# design transformer (to be
located at Fairmont Substation), in accordance with Bid ~4889.
A22. 160: Accepting the bid of Nixon-Egli Equipment Company, in the amount
of $47,557.96 for one twelve-ton roller, in accordance with Bid ~4902.
A23. 160: Accepting the low bid of George Chevrolet, in the amount of
$446,456.94 for 35 four-door police sedans, in accordance with Bid 4905.
A24. 160: Accepting the low bid of Coleman White/GMC, in the amount of
$46,673.50 for one eight-yard dump truck, in accordance with Bid 4897.
A25. 123: Approving an agreement with Kaufman and Broad, Inc., for
reimbursement of costs associated with Fire Station #10 (funds to be collected
from subsequent developers).
A26. 152: RESOLUTION NO. 91R-22: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING CERTAIN INDIVIDUALS TO EXECUTE DOCUMENTS IN
CONNECTION WITH FEDERAL CIVIL DEFENSE PROGRAMS. (Authorizes City Manager,
Assistant City Manager, Fire Chief and Emergency Services Coordinator to
execute documents.)
A27. 117: Receiving and filing the Summary of Investment Transactions for
December, 1990, as submitted by the City Treasurer.
A28. 117: RESOLUTION NO. 91R-23: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE CITY TREASURER TO REMIT FUNDS TO THE ORANGE
COUNTY TREASURER FOR DEPOSIT IN THE COUNTY TREASURY FOR THE PURPOSE OF
INVESTMENT BY THE CITY.
A29. 153: Approving 1991 renewal rates for the Kaiser "Q" Health Plan of
$110.82 for single coverage and $290.79 for family coverage, effective March
1, 1991, and authorizing the Human Resources Director to sign the renewal on
behalf of the City.
A30. 153: RESOLUTION NO. 91R-24: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-366 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (TO create the
classification of Conservation Programs Coordinator in the Utilities
Department, effective February 1, 1991).
A31. 123: Approving a Second Amendment to Parking Concession Agreement with
Orange County Flood Control District, in the amount of $70,000 to revise the
legal description of property (the acquisition of an 80' wide parcel already
anticipated as part of the Arena Project). (Council Member Pickler voted no.)
A32. 123: Approving an agreement with Anaheim City Elementary School
District to provide Park Ranger patrols of district facilities from January
28, 1991 through June 30, 1991; and appropriating $17,097 into expenditure
account 01-279-4180 and $17,097 into revenue account 01-279-3221.
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City Hallt Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
A33. 123: Approving a First Amendment to Lease Agreement with Anaheim City
School District authorizing the City to place a trailer at Abraham Lincoln
School.
Approving a First Amendment to Sublease Agreement with Boys and Girls Club of
Anaheim for facilities programming at Abraham Lincoln School.
A34. 123: Approving a First Amendment to Agreement with Elliott/Maloney
Landscape Architects, in the amount of $21,106.50 for landscape architectural
design services for Boysen Park.
A35. 123: Approving an agreement with Boys and Girls Club of Anaheim, in the
amount of $40,000 to provide an after-school and summer recreation, sports,
and arts and crafts program at Lincoln School for low-income children during
FY 1990/91; and authorizing the Mayor and City Clerk to execute said
agreement.
A36. 175: Approving the Southern California Edison Company (Edison)
1991-1995 Total Nuclear Capital Budget-Forecast for the San Onofre Nuclear
Generating Station (SONGS), and authorizing the Assistant General
Manager-Power Resources or his alternate to the Board of Review to approve
said budget/forecast.
A37. 158: RESOLUTION NO. 91R-25: 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.
158: RESOLUTION NO. 91R-26: 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.
158: RESOLUTION NO. 91R-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM REAL
PROPERTIES OR INTEREST THEREIN.
A38. 123: Approving a sub-contract agreement with North Orange County
Regional Occupational Program (NOCROP) in an amount not to exceed $11,225 for
FY 90-91, to allow the City to provide specialized services for JTPA eligible
youth enrolled through the NOCROP 8% State Education Project, and authorizing
the Mayor to approve said agreement;and reducing the initial appropriation of
$32,000 by $20,775 for a new total of $11,225.
A39. 106: Approving an amendment to the FY 1990/91 Resource Allocation Plan
by transferring $52,000 from Community Development Block Grant contingency
account ~25-215-6798 to the Code Enforcement Budget Account Nos. 25-169-6340
($36,000), 25-169-5110-($6,000) and 25-169-4120 ($10,000).
123: Approving a First Amendment to Agreement with Carolyn Griebe and
Associates, and authorizing the Mayor and the City Clerk to execute said
agreement on behalf of the City.
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City Ha11~ Anaheimt California - COUNCIL MINUTES - February 5, 1991t 5:00 P.M.
A40. 123: Approving a First Amendment to Agreement with Graffiti Removal,
Inc., increasing the agreement by $24,500 to provide graffiti removal services
for increased graffiti activity, and authorizing the Mayor and City Clerk to
execute said agreement on behalf of the City.
Roll Call Vote on Resolutions:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution Nos. 91R-20 through 91R-27, both inclusive, duly
passed and adopted.
End of Consent Calendar. MOTION CARRIED.
A41. 114: APPOINTMENTS TO LIAISON COMMITTEES:
Council Member Hunter moved to appoint the following Council Members to the
respective liaison committees. Council Member Ehrle seconded the motion:
LIAISON COMMITTEE ASSIGNMENTS:
Anaheim Stadium: Mayor Hunter and Council Member Simpson
Audit: Council Member Pickler and Council Member Simpson
Arena Construction: Council Member Ehrle and Council Member Daly
Library: Council Member Ehrle and Council Member Daly
Planninq: Council Member Ehrle and Council Member Daly
Transportation: Council Member Pickler and Council Member Daly
Chamber of Commerce: Council Member Daly and Council Member Simpson
THE FOLLOWING ARE CITY COUNCIL EXTENDED ASSIGNMENTS:
Eastern/Foothill Corridor JPA: Council Member Simpson - Delegate
Council Member Pickler - Alternate
Economic Development Board: EDB to be terminated
Intercounty Airport Authority: Council Member Pickler
W.A.C.O. (Water Committee): Council Member Pickler
Joint Fire Trainina Facility: Council Member Simpson
Sanitation Districts 2, 3 & 13: It was determined that Council Men%her Pickler
will act as the City's Active Representative for Sanitation District ~2 and
$3, and Mayor Hunter will be the Alternate Representative. It was determined
that Mayor Pro Tem William D. Ehrle will serve as the City's Active
Representative for Sanitation District $13 and Mayor Hunter will be the
Alternate for District $13.
Santa Ana River Flood Protection Aqency: Council Member Daly
Hazmat J.P.A.: Council Member Daly
MOTION CARRIED.
Before concluding, Mayor Hunter noted that relative to the Economic
Development Board, that board was going to be terminated; the Council
concurred.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
A42. 105: RATIFICATION - REAPPOINTMENT TO PARK AND RECREATION COMMISSION:
Council Member Daly moved to ratify the re-appointment of Christopher B.
Whorton, by the Anaheim City School District Board of Education, as the
district representative to the Anaheim Park and Recreation Commission for
1991. (This action took place at the Boards meeting of December 18, 1990).
Council Member Pickler seconded the motion. MOTION CARRIED.
ITEMS Bi - B7 FROM THE PLANNING COMMISSION MEETING OF JANUARY 14, 1991,
INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 5, 1991:
B1. 179: RECLASSIFICATION NO. 90-91-19 AND NEGATIVE DECLARATION:
OWNER: CITY INITIATED, 200 S. ANAHEIM BLVD., ANAHEIM, CA 92805.
LOCATION: 2625 West Lincoln Avenue. Property is approximately 1.04
acres on the north side of Lincoln Avenue approximately 270 feet west
of the centerline of Magnolia Avenue.
For a change in zone from RM-1200 to RM-2400 or less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 90-91-19 GRANTED, as modified to RM-3000
(PC91-01) (5 yes votes, 2 no votes).
Approved Negative Declaration.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
B2. 179: CONDITIONAL USE PERMIT NO. 3368 AND NEGATIVE DECLARATION:
OWNER: CATTELUS DEVELOPMENT COMPANY, 3230 E. Imperial, ~100, Brea,
CA 92621.
AGENT: LAY KHUN SY, 2500 E. Imperial Hwy., ~104, Brea, CA 92621.
LOCATION/REQUEST: Property is approximately 26 acres located at the
southwest corner of La Palma Avenue and Tustin Avenue.
To permit a 1,008 square foot doughnut shop.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3368 GRANTED (PC91-02) (7 yes votes).
Approved Negative Declaration.
B3. 155: ENVIRONMENTAL IMPACT REPORT NO. 280 (PREY. CERTIFIED}t AMENDMENT
NO. 1 TO SP88-3 (SANTA FE PACIFIC PLAZA SPECIFIC PLAN) - REVISED SITE PLAN:
OWNER: CATELLUS DEVELOPM]~NT, 3230 E. Imperial, ~100, Brea, CA
92621.
AGENT: PHILLIP R. SCHWARTZE, 27132-B PASEO ESPADA, STE. 1222, San
Juan Capistrano, CA 92675.
LOCATION/REQUEST: Property is approximately 26 acres located at the
southwest corner of La Palma Avenue and Tustin Avenue.
To permit the addition of 'warehouse and distribution facility in
support of permitted on-site office uses" and 'indoor physical
recreational facilities in support of permitted on-site office uses'
as accessory uses and structures for Development Area 1.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment No. i to Santa Fe pacific Plaza Specific plan (SP88-3)
APPROVED (PC91-03) (7 yes votes).
Revised Site Plan Approved.
Approved EIR NO. 280.
This item was set for a public hearing before the Council due to revised
plans. The public hearing will be held February 26, 1991.
B4.
179: CONDITIONAL USE PERMIT NO. 3375, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: ANAHEIM MEMORIAL HOSPITAL, 1111 W. La Palma Ave., Anaheim,
CA 92803.
AGENT: SIGN DESIGNERS, 322 S. San Gabriel Blvd., San Gabriel, CA
91776.
LOCATION/REQUEST: Property is approximately 11.0 acres located at
the northwest corner of La Palma Avenue and West Street.
To permit two monument signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3375 GRANTED (PC91-04) (6 yes votes, i abstained).
B5. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3377 AND
NEGATIVE DECLARATION:
OWNER: CENTRAL CHURCH OF CHRIST, 1590 W. Ball Rd., Anaheim, CA
92802.
AGENT: DAVID E. LEWIS, Deacon, P.O. 1098, Westminster, CA 92683.
LOCATION/REQUEST: Property is approximately 1.76 acres on the south
side of Ball Road approximately 170 feet east of the centerline of
Loara Street.
To permit 4,436 square feet of modular classrooms for pre-school and
day care with waiver of a) maximum structural height (GRANTED), b)
minimum number of parking spaces (GRANTED) and c) setbacks for
institutional uses (GRANTED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3377 GRANTED (PC91-05) subject to location of playground
being limited to south side, with a landscape hedge being planted;
and hours of operation being limited to 6:30 a.m. to 6:30 p.m.
Waiver of code requirement GRANTED.
Approved Negative Declaration.
B6. 179: CONDITIONAL USE PERMIT NO. 3081 AND NEGATIVE DECLARATION:
OWNER: BYUNG HWAN PARK, 2712 Wyckersham Place, Fullerton, CA 92633.
AGENT: MING DELIGHT INC.,12692 Garden Grove Blvd., Garden Grove, CA
92643.
ALAIN BALLY ASSOCIATES, 511 W. Glenoaks Blvd., Ste. 334, Glendale,
CA 91202
LOCATION/REQUEST: Property is approximately 0.57 acre located at the
northeast corner of Katella Avenue and Bayless Street.
An amendment to conditions of approval pertaining to hours of
operation for a 5,184 square foot restaurant located in a 7,160
square foot, 2-unit (previously 6 unit) commercial retail center.
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City Hallr Anaheimr California - COUNCIL MINUTES - February 5~ 1991, 5:00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the Applicant.
179: REPORT AND RECOMMENDATION ITEMS:
B7 179: CONDITIONAL USE PERMIT NO. 2269 - REQUEST FOR REVIEW AND
DETERMINATION OF SUBSTANTIAL CONFORMANCE WITH PREVIOUSLY APPROVED PLANS:
REQUESTED BY: PAUL NORRIS, VICE PRESIDENT OF LA FITNESS CENTER.
LOCATION/REQUEST: 2560 E. Katella Avenue.
Petitioner requests review and approval of revised plans to permit a
hair salon in a previously approved physical fitness center.
ACTION TAKEN BY THE PLANNING COMMISSION:
DENIED by the Planning Commission.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
End of the Planning Commission Items.
179/185: ORDINANCE NOS. 5200 AND 5201 (ADOPTION):
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 5200 and 5201 for adoption)
Council Member Daly moved to waive the reading in full of the ordinances.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Daly offered Ordinance No. 5200 for adoption (1) amending Title
18 to rezone property under Reclassification No. 68-69-1 located at
2111 E. Lincoln Avenue, from the RS-7200 zone to the CO zone; (2) Ordinance
No. 5201 for adoption, (i) approving Development Agreement No. 90-02 by and
between the City of Anaheim and RAR Anaheim Partners, L.P. (ii) finding that
the provisions of said agreement are consistent with the General Plan of the
City of Anaheim, and (iii) authorizing the Mayor and City Clerk to execute
said agreement for and on behalf of the City. Refer to Ordinance Book.
ORDINANCE NO. 5200: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
ORDINANCE NO. 5201: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
(i) APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIM AND
RAR ANAHEIM PARTNERS, L.P., (ii) FINDING THAT THE PROVISIONS OF SAID AGREEMENT
ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii)
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON
BEHALF OF THE CITY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
The Mayor declared Ordinance Nos. 5200 and 5201 duly passed and adopted.
BIO. 179: ORDINANCE NO. 5202 (INTRODUCTION): Amending Title 18 to rezone
property under Reclassification No. 90-91-16 from the RS-2400 and PD-C/RM-2400
zones to the RS-5000 zone. Property is approximately 96 acres generally
bounded by La Palma Avenue to the north, the Union Pacific Railroad
right-of-way to the east, Cypress Street to the south and Anaheim Boulevard to
the west, excluding those properties which front on Anaheim Boulevard or
La Palma Avenue, and further excluding the area generally bounded by Wilhelmina
Street to the north, the Union Pacific Railroad right-of-way to the east,
Sycamore Street to the south and Sabina Street to the west.
Council Member Ehrle offered Ordinance No. 5202 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5202: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Bll. 179: REQUEST FOR EXTENSIONS OF TIME - RECLASSIFICATION NO. 86-87-14 AND
VARIANCE NO. 3611:
Request submitted by Thomas Kieviet, Farano & Kieviet on behalf of the
Desai Family, 100 South Anaheim Boulevard, Suite 340, Anaheim, CA
92805.
LOCATION/REQUEST: The property is located at 2240 West Lincoln
Avenue. The petitioner is requesting an extension of time for
Reclassification No. 86-87-14 and Variance No. 3611, retroactive to
February 3, 1990, and to expire February 3, 1992.
Reclassification No. 86-87-14 is for a change in zone from CL to
RM-1200 and Variance No. 3611 is to construct a 34-unit affordable
apartment complex with various code waivers.
This item was discussed and continued from the meetings of December 4, 1990 and
December 18, 1990 to this date.
Council Member Pickler. He has had a problem with this item and feels somehow
it is necessary to look at the potentials of all three vacant properties - the
subject property and those adjacent to it.
Council Member Simpson. He has had an opportunity to look at the property and
met with the owner's representative. He (Simpson) asked if another continuance
would cause a hardship because he would like to meet with the agent again to
see if there was a possibility of doing what Council Member Pickler has
suggested in the past, i.e., combining the properties and doing one project.
MOTION: Council Member Simpson moved to continue the request for extensions of
time on the Subject Reclassification and Variance to Tuesday, February 26,
1991. Council Member Daly seconded the motion. MOTION CARRIED.
B12. 179: REQUEST FOR REHEARING - VARIANCE NO. 4091 AND NEGATIVE DECLARATION:
Request submitted by the owners, Rick and Kathy Byers, 4590 MacArthur
Blvd., #550, Newport Beach, CA 92660.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
LOCATION/REQUEST: The property is located at 2831 West Ball Road.
The original request was for waivers of minimum number of parking
spaces, minimum floor area per dwelling unit and minimum distance
between building walls to retain an illegal dwelling unit within
existing 12-unit apartment complex.
The Planning Commission denied Variance No. 4091 and approved the negative
declaration.
Subsequently a letter of appeal was submitted by the owners Rick and Cathy
Byers and a public hearing set before the City Council on November 27, 1990.
At that meeting (see minutes that date) the City Council denied Variance No.
4091.
A request for a rehearing was submitted by the owners and scheduled for' the
Council meeting of January 8, 1991 at that meeting the item was continued to
January 15, 1991 at which time the Council denied the request for a rehearing.
The item is again before the Council asking for reconsideration of the owners
request for a rehearing.
Council Member Ehrle. He has spoken with the agent for the property owners and
he (Ehrle) feels there are sufficient grounds for a rehearing.
Council Member Daly asked if there was a written request for a rehearing and if
so the reason for the request.
Council Member Ehrle. The agent shared that information with him but if there
is going to be a rehearing, he is not going to discuss that information at this
time.
City Attorney White. The grounds for the request for a rehearing were
expressed in the declaration in the application that was filed. If the request
is going to be granted, two motions are required - the first to reconsider the
decision made at the last meeting which denied the rehearing, and another
motion to grant a rehearing.
MOTION: Council Member Ehrle moved to reconsider the denial of the request for
a rehearing on Variance 4091. Council Member Hunter seconded the motion.
MOTION CARRIED.
MOTION: Council Member Ehrle moved to grant a rehearing on Variance 4091 as
requested by Rick and Cathy Byers with a public hearing to be scheduled at a
later date. Council Member Hunter seconded the motion. MOTION CARRIED.
City Attorney White. This matter will then come before the Council at a
scheduled public hearing in the future for Council determination.
ITEMS Cl AND C2 - DETERMINATION - HEARING OF APPEAL - WAIVER OF LATE PENALTIES
ON LATE PAYMENTS - JOLLY ROGER HOTEL TRANSIENT OCCUPANCY TAX AND ANAHEIM HILTON
AND TOWERS TRANSIENT OCCUPANCY TAX:
Submitted was report dated January 18 and January 28, 1991 respectively from
72
City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
the City Treasurer, Mary Turner recommending that the Council make a
determination whether they will refer the following items to a hearing officer
or hear the appeal themselves:
Hearing of the appeal submitted by Jolly Roger Hotel regarding Transient
Occupancy Tax waiver of penalties on late payments assessed for the months of
September, October and November, 1990.
Hearing of the appeal submitted by The Anaheim Hilton and Towers regarding
Transient Occupancy Tax waiver of penalties on late payment assessed for the
month of November, 1990.
City Attorney White. Both of these items are similar to the last request the
Council heard involving late payments (see minutes January 15, 1991 - Conestoga
Hotel). These do not involve the complex matters which the Council expressed
an interest in possibly referring to a hearing officer. The issue in the above
cases is whether the payment was received on time or was late. Traditionally
such cases have been handled expeditiously by the Council.
MOTION: Council Member Hunter moved that the Council hear the appeals of the
Jolly Roger Hotel and The Anaheim Hilton and Towers regarding Transient
Occupancy Tax waiver of penalties on late payments assessed. Council Member
Ehrle seconded the motion. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed at this time.
RECESS - CLOSED SESSION: By general consent the Council recessed into Closed
Session to consider the balance of the items on the Closed Session Agenda.
(5:35 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. (6:05 p.m.)
City Clerk Sohl. Announced that with the Mayor's permission and because a
citizen has arrived after calling for items of public interest, that the
citizen be allowed to address the Council at this time.
Shirley Lewis, 1241 North East Street ~111, Anaheim 92805. She lives in a
mobile home park and has addressed the issue of charges in a letter to the
City. The residents are on a 30-day billing cycle for Utilities (electricity
and gas) and yet the cycle goes from 31 to 33 days. On the extra days, they
are charged extra. With handicapped people, widows and poor people, the extra
one dollar to seven dollars is too much. They need the Council's help. The
park manager is not sympathetic. Although individually the overcharges are
small, multiplying those charges by the number of residents in the park and the
other parks in the City amounts to thousands of dollars of overcharges. The
owners of the parks are saying that the Council will not help. She is present
to prove they are wrong.
Mayor Hunter. He asked that she leave her name, address and telephone number
with the Assistant City Manager in order to investigate the matter and
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
subsequently have someone from the Utilities Department contact her to further
address the issue.
179: PUBLIC HEARING - RECLASSIFICATION NO. 90-91-14 - CONDITIONAL USE PERMIT
NO. 3354 AND NEGATIVE DECLARATION:
OWNER: Hassan and Dixie Mohaghegh, 3305 Monterey Drive, San Marino,
CA 91108.
AGENT: A. R. Mohaghegh, 12652 Huston St., North Hollywood, CA 91607.
LOCATION/REQUEST: The property is located at 1242 West Lincoln Avenue
and consist of two parcels with the following descriptions: Subject
property consists of two parcels with the following descriptions:
Parcel (A) is an irregularly-shaped parcel of land consisting of
approximately 0.18 acre located on the northwest corner of Center
Street and Villa Place, having approximate frontages of 60 feet on the
north side of Center Street and 140 feet on the west side of Villa
Place. Parcel (B) is a rectangularly shaped parcel of land consisting
of approximately 0.67 acre located on the southeast corner of Lincoln
Avenue and Villa Place having approximate frontages of 103 feet on the
south side Lincoln Ave. and 285 feet on the east side of Villa Place.
Parcel A - For a change in zone from CG to CL and Parcel B - For a
change in zone from CG to CL.
To permit an 8,981-square foot commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 90-91-14 GRANTED (PC90-279) (7 yes votes).
CUP NO. 3354 GRANTED (PC90-280) (4 yes votes, 3 no votes).
Approved Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Council Members
Pickler and Daly at the meeting of January 8, 1991 and public hearing scheduled
this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 24, 1991
Mailing to property owners within 300 feet - January 24, 1991
Posting of property January 25, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 17, 1990
Mayor Hunter asked to hear from the applicant or applicant's agent; there was
no response. He then asked to hear from anyone who wished to speak; there was
no response.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Council Member Daly. He had asked that the public hearing be scheduled for a
variety of reasons. This is a proposed commercial center in a neighborhood
74
City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
where there is a commercial center across the street built about a year ago
which is entirely vacant (Lincoln and Manchester). There is a 'hodgepodgem of
uses in the area. The subject project is an inappropriate use of the land and
he recommends that the Council reject the requests for the CUP.
Council Member Pickler. He has no problem with the Reclassification but does
with the request for a CUP.
Joel Fick, Planning Director. The existing zoning is CG and staff concurs with
Council discussion that the reclassification be approved to rezone the property
to CL. That zone has more appropriate zoning standards and landscaping. If
the CUP is to be denied, then staff is recommending that Conditions 1 and 2 of
the Reclassification be deleted since those conditions are tied into approval
of the CUP. This would permit the reclassification to move forward if the CUP
is denied.
Council Member Ehrle. He does not have a problem with either the
Reclassification or the CUP. He does not believe in turning down a project
just because there is a project across the street that is totally vacant. For
all he knows, the subject project may be 100% or 50% leased. The agent might
have construction financing already in place.
Council Member Daly. He considers the commercial center across the street a
major embarrassment. He agrees it is not a direct reason to deny another strip
commercial center. The point is all along this portion of Lincoln in either
direction there is a #hodgepodge" of planning which they are trying to
clean-up. There is a lot of vacant commercial space. The developer is not
present to justify his proposal. Also there are residences on two sides of the
proposal. Circulation is not good in the area. Center Street is used as a
short cut by area residents and this commercial center would make matters
worse. It is not in keeping with the City's long-term intentions to clean up
the land uses in the area.
Mayor Hunter. He suggested that the Reclassification be approved and that the
CUP be denied. Subsequently the owner/developer would have to come back with a
proposed plan for the property; Council Members were in support of the
suggestion.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member Hunter, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution Nos. 91R-28 and 91R-29)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
75
City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
Council Member Pickler offered Resolution No. 91R-28 for adoption approving
Reclassification No. 90-91-14, deleting Condition Nos. 1 and 2. Refer to
Resolution Book.
RESOLUTION NO. 91R-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN
ZONES SHOULD BE CHANGED.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-28 duly passed and adopted.
Council Member Pickler offered Resolution No. 91R-29 for adoption denying
Conditional Use Permit No. 3354. Refer to Resolution Book.
RESOLUTION NO. 91R-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DENYING CONDITIONAL USE PERMIT NO. 3354.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler and Hunter
Ehrle
None
The Mayor declared Resolution No. 91R-29 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3358 AND NEGATIVE
DECLARATION:
OWNER:
91505.
AGENT:
92801.
MOBIL OIL CORPORATION, 3800 W. Alameda, #2000, Burbank, CA
GREER & COMPANY, 2323 W. Lincoln Ave., ~127, Anaheim, CA
LOCATION/REQUEST: The property is located at 1680 West Broadway and
is approximately 0.49 acre located at the southeast corner of Broadway
and Euclid Street.
This request is to permit a convenience market within an existing
service station.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3358 GRANTED (PC90-278) (7 yes votes).
Approved Negative Declaration.
HEARING SET ON:
A letter of appeal was submitted by the Agent, Greer & Company and public
hearing scheduled this date.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 24, 1991
Mailing to property owners within 300 feet - January 23, 1991
Posting of property January 25, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 17, 1990.
APPLICANT'S
STATEMENT:
Carey Brooks, Greer and Company, Agent for the applicant. The
item was appealed because of the conditions imposed requiring
closure of the westerly driveway on Broadway (Condition #4 of
PC90-278) and driveway reconfiguration of the curb returns on all
four drives (Condition #5). This is a small station run by a
dealer not financed by Mobil but by the owner of the station.
The owner has already repainted, reroofed and installed new
aerial lights. They are requesting that the driveways be kept
open and the owner not be requested to install curb returns. He
is in competition with stations on opposite corners and they have
four drive cuts. It is important to the success of his station
that he has the drive cuts that are there now.
John Lower, Principal Transportation Planner. Condition ~4 does
call for closure of the western most driveway on Broadway.
Council Member Pickler. This is a corner that leads to the
freeway and a shopping center. Traffic is such at Euclid and
Broadway where they have to be concerned about circulation.
Adding a convenience market to that corner will add additional
traffic. Closing the westerly driveway will eliminate some of
the concerns. The curb radius cuts will also be needed to
alleviate the problems of ingress and egress.
Carey Brooks. It is a very small snack shop. The improvements
will be financed by the dealer. The construction cost of the
improvements that have been imposed on the project will
jeopardize the project itself.
Mayor Hunter opened the public hearing and asked to hear from anyone who wished
tO speak.
Harry Scham. He owns the property to the east of the station at
1678 W. Broadway. There used to be a three foot fence there and
Mobil took the fence down to remodel the station. The fence has
not been replaced. This causes a traffic hazard because people
zig zag in and out of the station through his driveway. There
have been quite a few near misses. He is concerned there will be
more accidents. If they want to install a fence to stop in and
out traffic, he would not have any objection to the proposal. He
has tried unsuccessfully to contact Mobil concerning the fence.
77
City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
Annika Santalahti, Zoning Administrator. Answering Council
Member Pickler, she stated she did not believe the fence was a
part of the conditions placed on the station previously. But she
would have to check the prior zoning action. According to the
location map, there were only two older zoning actions - a
reclassification and a sign variance. Requirements for a wall or
fence around a service station is required only when adjacent to
residential uses but not offices. She would be surprised if she
found there were a requirement for the fence.
Council Member Pickler. He is familiar with the office buildings
since he deals with an accountant in that building. There is a
driveway next to the building which is an alleyway. If there was
a wall along that area, it would alleviate some of the problems.
Annika Santalahti. The Council could place such a condition on
the project if it is approved.
Council Member Pickler. The station itself is adjacent to a
driveway for the office building where there is no barrier from
that driveway to the station. From what Mr. Scham stated, there
was a wall which Mobil has taken down and the elimination of that
barrier could create some hazard.
Harry Scham. He also has another problem relative to the
apartment houses to the east of his building. He has a big
parking lot and there is not enough parking for the apartments.
Somehow or other the fence has been broken down and residents
park on his lot. He has not complained because he is not on his
property at night and there might be vandalism if he did so. It
is a traffic hazard and there are going to be a lot of
accidents. He does not want to be a part of it.
Council Member Daly. Then posed questions relative to the site
plan specifically relative to landscaping - if the westerly
driveway is closed he asked if that strip will be replaced by
landscaping.
Annika Santalahti. The CG zone does not have a landscape set
back requirement. To try to address that problem, the commission
requested staff initiate a reclassification to CL on this
property but it is still pending and has not gone to the Planning
Commission as yet.
Council Member Daly. He asked if there was a commitment by the
developer to design to the CL standards as opposed to CG.
Carey Brooks. Relative to Mr. Scham's concern, he does not know
when the wall went up or down. One of the conditions is the
placement of trees along that property line. The trees will
provide a visual buffer between Mr. Scham's and the Mobil
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City Hall, A~aheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
property but in addition, they could install posts to prevent
traffic from moving through. He clarified that one of the
conditions is that there will be trees 15 feet on center.
Council Member Daly. Noted that the conditions imposed in the
staff report are not reflected on the site plan. He is concerned
it is a site plan that is not accurate and makes it difficult for
the Council to know exactly what is to occur on the site.
Carey Brooks. The trees will be addressed in the formal document
submitted to the Building Department if the project is approved.
The new site plan will represent changes that they did not agree
with primarily the driveway closure. Trees could be added. He
is also a landscape architect.
Council Member Pickler. He suggested that the matter be
continued for approximately three weeks so that the Council will
have an opportunity to see the revised site plan. He still
favors closing the westerly driveway.
Carey Brooks. The owner feels the driveway is very critical to
the success of the station; otherwise, he may not want to
proceed. He is not being difficult. He (Brooks) is not sure the
owner would have him come back. A delay is not the problem - the
driveway issue is.
Council Member Daly. From the posted site plan, it is impossible
to determine what kind of signage is going to be provided on this
rebuilt station. He also was of the opinion that they were going
to go to monument signs with all gas stations remodeling.
Annika Santalahti. There is no proposal for signage and no
conditions included. There could be one free-standing sign on
the property located at the corner not closer than approximately
70 feet from the east and south property lines. The height may
be restricted to 25 feet because there is single family zoning
within 300 feet to the southwest of the property but there are no
plans. Relative to monument signs, Condition #10 is that any
proposed free-standing signage be a monument type not exceeding 8
feet in height, but there was none proposed under the plan and
that is why there is no drawing.
Carey Brooks. He clarified that there is no change planned to
the signs that are presently existing on the property.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Ehrle, seconded by Council Member Daly, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-30)
Council Member Ehrle moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Ehrle offered Resolution No. 91R-30 for adoption granting
Conditional Use Permit No. 3358 subject to CPC conditions which includes the
elimination of the westerly driveway. Refer to Resolution Book.
RESOLUTION NO. 91R-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 3358.
Before a vote was taken, Joel Fick, Planning Director stated that staff would
recommend incorporating an amendment to Condition #14 that recommends the
property be substantially developed with plans and specifications on file and
that it incorporate installation of the landscaping adjacent to the closed
driveway as discussed earlier.
Council Member Pickler. The proposed booth section is right next to the
driveway. For security and to prevent a hazard, he feels that a fence should
be installed along the property line.
Council Member Ehrle. His resolution does not include a fence requirement.
Council Member Pickler moved to amend the main action by proposing that a fence
be required along the east property line. The motion died for lack of a
second.
Council Member Simpson. At one point the agent offered to install landscaping
along with bumper posts to provide the same thing a fence would provide. He
asked to hear from the agent on that issue.
Carey Brooks. He does not feel a solid block wall is the best looking
aesthetically. If the owner decides to go ahead with the project, he would
prefer to have bumper posts along with the trees. They will incorporate that
if their project moves ahead.
A vote was then taken on the foregoing resolution subject to City Planning
Commission conditions and amendment to Condition #14 as articulated by staff.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-30 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
Before concluding, Council Member Daly speaking to Mr. Brooks as a
representative of Greer and Company asked that in the future the Council be
presented with an accurate rendition of a project - perhaps two versions, their
preferred version and the version as approved by the Commission.
179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO.
3370 AND NEGATIVE DECLARATION:
OWNER: HENRY WESSELN, 650 S. Webster Ave., Anaheim, CA 92804
AGENT: ROBERT CASE, 1249A East Imperial Hwy., Placentia, CA 92670.
LOCATION/REQUEST: The property is located at 650 South Webster Avenue
and is approximately 0.94 acre with a frontage of approximately 120
feet on the east side of Webster Ave. and located approximately 730
feet south of the centerline of Orange Ave.
The request is to permit a 26-unit "Deck-Type Housing" apartment
complex with waivers of minimum landscaped setback and maximum
structural height.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3370 forwarded to City Council without recommendation due to
tie vote (3 yes votes, 3 no votes, 1 abstained).
Approved Negative Declaration.
HEARING SET ON:
This matter was set for a public hearing before the City Council due to a tie
vote of the City Planning Commission.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 24, 1991
Mailing to property owners within 300 feet - January 24, 1991
Posting of property January 25, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 17, 1990 and
document dated January 28, 1991 which was an excerpt of the minutes of the
Planning Commission meeting where they considered the revised plan submitted by
the developer.
Annika Santalahti, Zoning Administrator. Following Planning Commission action,
the developer went back and heard the Commission's desires. The Commission
reviewed the revised plans which eliminated the previous two waivers which
pertained to the east property line by moving the building further westerly.
That was accommodated by putting in several tandem type parking spaces where
they had been singly loaded originally. When the Planning Commission saw the
revised plans, although they did not vote, they concurred it was a good plan
and the Council should act favorably. The revised plan shown as Revision ~1 is
posted on the Chamber wall.
APPLICANT'S
STATEMENT:
Robert Case, 1249 East Imperial, Placentia 92670. The project is
a 26-unit deck type housing development with no waivers. Ail
they are asking is for a CUP which is necessary for the deck type
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
project. Initially when they came before the Planning
Commission, their vote on the project was a tie with no
recommendation. Subsequently the plan was revised and the
waivers eliminated. The only waiver is an 8-foot high block wall
on the east property line which the adjacent neighbor requested
to prevent people from jumping over the fence. They are in
agreement to providing that wall and it is indicated on the
rendering.
Mayor Hunter opened the public hearing and asked to hear from those who wished
to speak.
Robert Poole, 635 South Roanne, Anaheim 92804.
They live directly behind the project. The plans show that
20-feet from their back property line there are six patios
overlooking their back yard. It does not give the residents any
privacy. It will also devalue their property. Webster Avenue
has too many apartment buildings. Being only 20-feet away is too
close. There should be at least 60-feet. The project should not
be built at all under the present plans.
Jean Parkins, 658 South Webster. She lives to the south of the
proposed development in the condominiums. This is the first
opportunity she has had to look at the plans. She agrees with
Mr. Poole. A scale back of the project would probably meet with
her approval and the other six owners within the condominium
development next door. Their other great concern is privacy.
She hopes there is a line of trees planted against the fence
separating the two properties but it is not clear on the
drawing. She would like to get some clarification.
Robert Case. On the landscaping plan as well as the posted
rendering, the plan is to put in some growth or mature trees
along the east property line as well as the south property line.
The south property line is limited in a sense because it serves
as an emergency exit as well. They are going to do as much as
possible to buffer the zone on the south side. On the east
property line, relative to the patios, the height of the patios
is not very high relative to the grade. They are only at the
first story. They have gone through a 10t of time and effort in
design to make sure the single family residents have no
intrusion. He did try to correspond with them but only got one
response from the lady who lives directly behind the property.
He met with her two or three times. She said that she liked the
plan. There are no windows at the second story looking out on to
the single family homes. There is no direct vision of anyone
standing in the patio. They are also building to the RM-1200
Code.
COUNCIL ACTION:
There being no further persons who wished to speak.
public hearing.
Mayor Hunter closed the
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Council Member Daly. He is voting in favor because the project
is built entirely to City codes and standards and standards have
been toughened up. The developer is meeting all those standards
such as landscaping and setback requirements. This project will
be superior to almost all of the projects on Webster.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Ehrle, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-31)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-31 for adoption granting
Conditional Use Permit No. 3370 subject to revised plans as recommended by the
City Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 91R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 3370.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-31 duly passed and adopted.
179:
PUBLIC HEARING - VARIANCE NO. 4103, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: CATELLUS DEVELOPMENT CORPORATION, 3230 E. Imperial Hw-f., $1OO,
Brea, CA 92621.
AGENT: GARY UNDERWOOD-DESIGN 2, 3411 Lake Center Dr., Santa Ana, CA
92704.
LOCATION/REQUEST: The property is approximately 26 acres located at
the southwest corner of La Palma Ave. and Tustin Ave.
The request is for waivers of A) maximum number of freestanding signs
(APPROVED), B) permitted location of freestanding signs (APPROVED),
and C) minimum distance between signs (DENIED), to construct 3 new
freestanding signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4103 GRANTED, IN PART, (PC90-284) waivers A and B
APPROVED, waiver C DENIED (7 yes votes).
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HEARING SET ON:
A review of the Planning Commission decision was requested by Council Members
Pickler and Daly at the meeting of January 8, 1991 and public hearing scheduled
this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 24, 1991
Mailing to property owners within 300 feet - January 24, 1991
Posting of property January 25, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 17, 1990.
Joel Fick, Planning Director. This item was originally considered by the
Redevelopment Commission on December 12, 1990. At that meeting, the
Redevelopment Commission forwarded a recommendation to the City Council that
the sign variance not be approved. The following week, the City Planning
Commission considered the request and modified it, deleting one of the sign
variances for an additional sign. When the item came up under the City Council
Consent Calendar, at the request of the Redevelopment staff and Redevelopment
Commission, the Council continued it for further review and comment. On
January 30, 1991, the item went back to the Redevelopment Commission wherein
they reviewed the revised proposal as recommended by the Planning Commission
deleting the variances. There is a submittal from Redevelopment staff that the
Redevelopment Commission now does believe it is consistent with the sign
standards and does recommend Council approval.
APPLICANT'S
STATEMENT:
Phillip Schwartze, PRS Representing Catellus. He concurs with
the Redevelopment and Planning staff and will be happy to respond
to any questions.
Mayor Hunter opened the public hearing and asked to hear from anyone who wished
to speak either in favor or in opposition; there being no response he closed
the public hearing.
ENVIRONMENTAL IMPACT REPORT -- CATEGORICAL EXEMPTION: On motion by Council
Member Pickler, seconded by Council Member Ehrle, the City Council ratified the
determination of the City Engineer that the proposed activity falls within the
definition of Section 3.01 Class 11, of the City of Anaheim guidelines to the
requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-32)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-32 for adoption granting
Variance No. 4103 subject to submitted revised plans. Refer to Resolution
Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
RESOLUTION NO. 91R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING VARIANCE NO. 4103.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-32 duly passed and adopted.
185: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 273, AMENDMENT NO. 3 TO
THE HIGHLANDS AT ANAHEIM HILLS (SP87-1}:
OWNER: PRESLEY OF SOUTHERN CALIFORNIA, attn: Steven Riggs, 19
Corporate Plaza, Newport Beach, CA 92660.
LOCATION/REQUEST: The property is approximately 29.1 acres generally
bounded by open space to the north, the Sycamore Canyon Specific Plan
Development Area 3 to the northeast, The Summit of Anaheim Hills
Development Areas 7 and 8 to the south and The Highlands at Anaheim
Hills Development Area 3 to the west and further described as
Development Area 6 of the Highlands at Anaheim Hills Specific Plan
(SP87-1).
Petitioner requests an amendment to The Highlands at Anaheim Hills
Specific Plan (SP-87-1) Zone (adopted per ordinance nos. 4860 and
4861) to transfer 24 dwelling units from Development Areas 4 and 7 to
Development Area 6; and to amend Development Area 6 zoning and
development standards (Section 18.70.060.040 of the Anaheim Municipal
Code) in order to develop a 276-unit condominium complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to the Highlands at Anaheim Hills Specific Plan (SP87-1)
APPROVED (PC90-282) (7 yes votes).
Approved Environmental Impact Report No. 273 (Prey Certified).
Informational item at the meeting of January 8, 1991.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 24, 1991
Mailing to property owners within 300 feet - January 24, 1991
Posting of property January 24, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 17, 1990.
Mayor Hunter asked to hear from the applicant or applicant's agent; no-one was
present.
Joel Fick. Planning Director. He will recap the proposal which pertains to
density transfer within the Presley project. It transfers 18-units from what
is a designated and approved apartment site and 6-units from an approved single
family site and would transfer them into development area 6 which is a
condominium project under the present Specific Plan. Administratively staff
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can approve up to a 10% movement of units. In this case, it is 17% which
requires Council action; it is well within the density ranges where the units
are transferred (2 - 9.5 units proposed per acre and 16 would be allowed).
Several waivers are also requested in conjunction with this request which staff
views as being largely technical. He briefed those requested waivers.
Mayor Hunter opened the public hearing and asked to hear from anyone who wished
to speak either in favor or in opposition; there being no response he closed
the public hearing.
ENVIRONMENTAL IMPACT REPORT PREVIOUSLY CERTIFIED: On motion by Council Member
Pickler, seconded by Council Member Ehrle, that Environmental Impact Report No.
273 Certified on June 23, 1987 addresses the Environmental Impacts and
Mitigation Measures associated with the residential development of the
Highlands at Anaheim Hills and that a review of the initial study indicates the
number of units within the project area will not be increased and that no
additional impacts will result from the proposed code amendments and,
therefore, EIR No. 273 is adequate to serve as the Environment Documentation
for the subject request. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-33)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-33 for adoption amending
Specific Plan SP87-1. Refer to Resolution Book.
RESOLUTION NO. 91R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SPECIFIC PLAN NO. 87-1 ADOPTED PURSUANT TO RESOLUTION NO. 87R-253.
Roll Call Vote on Resolution
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-33 duly passed and adopted.
ORDINANCE NO. 5203 (INTRODUCTION}: Council Member Pickler offered Ordinance
No. 5203 for first reading. Refer to Ordinance Book.
ORDINANCE NO. 5203: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SUBSECTION 18.70.060.040 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A
CONDITION OF APPROVAL TO ORDINANCE NO. 4861 RELATING TO SPECIFIC PLAN 87-1
ZONING FOR THE HIGHLANDS AT ANAHEIM HILLS.
114: INVENTORY OF CITY'S GANG PREVENTION EFFORTS:
Council Member Daly. He reported that a number of citizens have spoken with
him recently relative to all the City's efforts in the area of gang
prevention. He knows there are many ongoing efforts directed towards youth in
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City Hall, Anaheim, California - COUNCIL MINUTES - February 5, 1991, 5:00 P.M.
the City. He thereupon asked staff to prepare a summary of all the various
programs - drug prevention, gang prevention and other programs directed at
youth regardless of the funding source in every City department - Police Funds,
CDBG Funds, Community Services Funds - an inventory of all existing programs
for the Council's knowledge and use.
Council Member Simpson. He supports the recommendation. He would also like
staff to include what the gang unit in the Police Department looks like and how
it is staffed; Council Member Daly added - and how much money spent on that
effort - program and dollar amounts. It should also include staff for the
Youth Commission, Youth In Government Day, every youth oriented program.
Council Member Ehrle. Asked if the Boys and Girls Club and YMCA should also be
included in the inventory.
Council Member Daly. Clarified everything that passes through the City
Council.
ADJOURNMENT: Council Member Hunter moved to adjourn.
seconded the motion. MOTION CARRIED. (7:00 p.m.)
Council Member Simpson
LEONORA N. SOHL, CITY CLERK
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