1991/04/16City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 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
TRAFFIC & TRANSPORTATION MANAGER: John Lower
ZONING DIVISION MANAGER: Greg Hastings
PLANNING DIRECTOR: Joel Fick
SENIOR REAL PROPERTY AGENT: Richard Santo
FINANCIAL SERVICES MANAGER: Mike Bell
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:55 p.m. on April 12, 1991 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.
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 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.
By general consent, the Council recessed into Closed Session. (3:04 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. (5:27 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
INVOCATION: Reverend Bryan Crow, Garden Church, gave the invocation.
FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Earth Day in Anaheim, Let's make a difference, April 21, 1991
Victims' rights week in Anaheim, April 21 - 27, 1991
National Day of Prayer in Anaheim, May 2, 1991
Congratulations and commending Cypress College on their
25th anniversary celebration.
Accepting the Earth Day proclamation were Mary Ann Barngrover, Chevron
Companies; Barbara Sagara, Ralph's Grocery Company; Amy Baker, Kaiser
Permanente; Norris Creveston, Anaheim Public Utilities; and Vince Taormina,
Anaheim Disposal. Unable to be present were John Hills, Anaheim Public
Utilities and Cindy Beyl, Los Angeles Times/Orange County.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council to be presented to Mr. Leonard Smith for 25 years
of outstanding dedicated service as president of the City of Anaheim Stadium,
Inc.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council and presented to representatives of the City's Code
Enforcement Department, Richard LaRochelle and Eleanor Fix recognizing and
commending the department for their outstanding service and commitment to the
betterment of the community and upon being presented with a $7,000 award from
the Disneyland Community Service Awards acknowledging the Department's highly
successful Anaheim Beautiful program. Mayor Hunter and Council Members
personally commended the department and the representatives present.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council and presented to Captain Pete DaPaola, Sergeant
Gray and the D.A.R.E. Officers recognizing them for their outstanding service
and commitment to the community and further congratulating them upon being
presented with a $15,000 award from the Disneyland Community Service Awards
acknowledging the Department's highly successful D.A.R.E. Youth Drug Awareness
program and Community Action Team. Mayor Hunter and Council Members personally
congratulated and commended the Captain, Sergeant and Officers present. Mayor
Hunter also emphasized the importance and the success of the D.A.R.E. program
and the dedication of the Police Officers involved.
MINUTES: Council Member Ehrle moved to approve the minutes of the regular
meeting of March 19, 1991. Council Member Daly seconded the motion. MOTION
CARRIED.
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FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,748,869.43 for the week
ending April 12, 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. (5:45 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:50 p.m.)
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution
Nos. 91R-112 through 91R-116, both inclusive, for adoption; Ordinance No. 5213
for adoption and Ordinance Nos. 5215 and 5216 for introduction.)
Council Member Pickler moved to waive the reading in full of the resolutions
and ordinances. Council Member Simpson seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 91R-112 through 91R-116, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5213 for adoption and
Ordinance Nos. 5215 and 5216 for introduction. Refer to Resolution/Ordinance
Book.
Al. 107: Awarding a contract to the lowest and best responsible bidder,
Viking Equipment Corporation, in the amount of $12,600 for Building Demolition
at 1000 North Anaheim Boulevard.
A2. 158: Authorizing the payment of $4,602 to the owner, Nu Anaheim Limited
partnership, pursuant to agreement on file, for the cost of replacement of the
signs located at 721/727 North Anaheim Boulevard - North Anaheim Boulevard
Street Widening Project (R/W 3500-39).
A3. 123: Approving an agreement with Austin-Foust Associates, Inc., at a cost
not-to-exceed $252,000 with JHA Environmental Consultants and Willdan
Associates as subconsultants, to prepare the Citywide Traffic Model and General
Plan Air Quality Element.
A4. 123: Receiving and filing the Monthly Financial Analysis presented by the
Director of Finance for seven months ended January 31, 1991.
A5. 153: RESOLUTION NO. 91R-112: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM PERTAINING TO SEVERANCE PAY. (Approving a severance pay
program for employees who may separate from employment as the result of a
planned reduction of the workforce.)
City Manager James Ruth. He announced that Sharon Ericson, President, Anaheim
Municipal Employee's Association (AMEA) has requested to speak on this item.
Relative to the Severance Pay program, the proposed policy change has been
modified to state that anybody who has completed probation in the City (6
months) would be eligible for the one month's severance pay whereas it was
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
initially proposed that eligibility would be upon completion of one year of
service.
Sharon Ericson, President, AMEA. She wanted Dave Morgan, Human Resources
Director and Chris Chase, Benefits and Information Manager to know how much the
Association appreciated their hard work relative to the severance packet. She
brought the proposal to them that severance pay go to those with at least six
months of service. She urged the Council's approval.
Mrs. Ericson continued she wanted the Council to know that AMEA has not given
up the "battle" to save the affected employees. All of the custodians who are
going to be affected are present tonight. In her opinion, every time during
negotiations the City management side has always 'cried wolf" that there is no
money to the point where the Association no longer believed management. She
wants the Council to know that if she had believed this during the last
negotiations, she would not have pushed for such a high increase. There are
areas where they could give input. They have even thought, if the City would
meet with them and possibly discuss a shorter work week, they would do so -
anything to save the employees. They are willing to do whatever they can to
make the situation change. The City has contracted out these positions for
approximately $360,000 for the next nineteen months. They feel if the City
could hire one or two more custodians, they would be willing to pick up the
extra work those custodians already on contract are doing. They want to help
but do not want to lose their people. She asked that the Council save their
employees but if they cannot do so, that the severance pay be on a six-month
and not a one-year basis. She asked those employees to stand up in order for
the Council to see who is going to be affected.
Mayor Hunter. The City Manager is going to address the issue.
City Manager Ruth. These are very difficult times and staff throughout the
City has been under a lot of duress as they have tried to address the budget
shortfall. There has been a tremendous amount of support and cooperation from
various departments recognizing the shortfall. As a result of Council's
direction and staff's analysis of the budget, they feel the corrective measures
taken back in October by freezing positions in the City and cutting back on
capital improvements and operating expenses they were able to save a
substantial amount of money which gives more latitude to deal with the
personnel problems at this time and to deal with the shortfall. They have
written out 132 positions that are vacant. It is absolutely the intent to
reassign as many people on the cut list into the vacant positions. As a result
of direction from Council today, staff feels by prudently looking at these
lists and working with the various employee groups and City departments they
will be able to absorb every employee in the City. Nobody will actually go out
the door. Every employee scheduled to be cut will be reassigned to vacant
positions in the City. It does not mean they are not going to cut positions;
they will be cutting the vacant positions. It does mean that any employee
currently working for the City will not be put out in the street. That is a
commitment from Council, and staff is working diligently to accomplish that.
They are going to need a lot of cooperation from the employee groups and the
departments, but it is clearly the goal to minimize that impact throughout the
City.
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Mrs. Ericson. She asked if that means the custodians as well.
City Manager Ruth answered absolutely. What they would commit to with the
custodians, they may be cutting back in the custodial operation but they will
reassign those employees to other positions in the City. There is no guarantee
they will be retained as custodians, but reassigned to other vacant positions
in the City.
At the conclusion of the Consent Calendar, the City Council adopted the
proposed policy with the modification changing the eligibility for severance
pay to those who have completed six month probation.
A6. 153: RESOLUTION NO. 91R-113: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING PERSONNEL RULE 14, TRANSFER, AS SET FORTH IN
RESOLUTION NO. 88R-166.
A7. 153: ORDINANCE NO. 5215 - (INTRODUCTION): AN UNCODIFIED ORDINANCE OF THE
CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
A8. 158: RESOLUTION NO. 91R-114: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN HEAL PROPERTIES OR INTERESTS THEREIN.
A9. 130: ORDINANCE NO. 5213 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM
ESTABLISHING PROCEDURES FOR THE PROCESSING OF APPLICATIONS FOR FRANCHISES
INCLUDING TRANSFERS THEREOF.
AIO. 123: Approving an Agreement with Anaheim Cinco De Mayo Committee for the
promotion of the Twentieth Annual Cinco de Mayo Fiesta at La Palma park from
May 2 through May 5, 1991; allocating $5,000 in Council Contingency Funds to
Program 279 for expenses related to the Fiesta; and allowing an amateur boxing
tournament to take place at the Fiesta on Sunday, May 5, 1991, per City code.
Ail. 123: Approving an agreement with ASM Enterprises, Inc., for the
operation of the food and beverage services at the H.G. "Dad# Miller Public
Golf Course for an initial period of 5 years, plus a five-year option at the
discretion of both parties.
Al2. 137: RESOLUTION NO. 91R-115: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$4,400,000 AGGREGATE PRINCIPAL AMOUNT OF ELECTRIC REVENUE BONDS, ISSUE OF 1991,
OF THE CITY; AND PROVIDING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF SUCH
BONDS. (Mini-Bonds)
Mayor Pro Tem Ehrle. In reading the background documentation on the subject
bonds, he notes that there was no recommendation by the Public Utilities Board
(PUB). He asked why, since he believes the proposal is an excellent one.
Mike Bell, Public Utilities Department, Financial Services Manager. This
particular issue has not gone back to the Board other than the fact that the
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Board, during the preparation of the department's budget, included the mini
bonds financing as the revenue source for the capital projects included in the
budget. In that sense, it was reviewed by the Board. It did not go back
through the board at this time.
Mr. Bell also explained for Mayor Pro Tem Ehrle that this issue is only one of
a few done in the country. It is a very good issue and it is tax exempt from
both federal and state taxes.
Council Member Daly. He agrees it is a great program and the kind that should
be brought to the Public Utilities Board.
RESOLUTION NO. 91R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, APPROVING THE FORM OF THE OFFICIAL STATEMENT RELATING TO
THE CITY OF ANAHEIM, ELECTRIC REVENUE BONDS, ISSUE OF 1991; APPROVING THE
MAILING AND DISTRIBUTION OF INFORMATIONAL MATERIAL, ORDER FORMS AND THE
PUBLICATION OF ADVERTISEMENTS DESCRIBING THE BONDS; AND AUTHORIZING OFFICERS OF
THE CITY TO DO ALL THINGS NECESSARY OR ADVISABLE TO COMPLETE THE SALE OF THE
BONDS. (Mini-Bonds)
Al3. 123: Approving an agreement with the County of Orange, at the cost of
$16,000 for a 6" water main relocation on Chanticleer Road from Gilbert Street
to Perdido Street.
Al4. 149: ORDINANCE NO. 5216 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING ORDINANCE NO. 5198 CONCERNING SECTION 14.32.189 OF CHAPTER
14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC. (Pertaining to
prohibited parking on Walnut Street.)
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-112 through 91R-116, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Ordinance No. 5213 duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
ITEMS Bi - B7 FROM THE PLANNING COMMISSION MEETING OF MARCH 25, 1991,
INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 16, 1991:
B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3391 AND
NEGATIVE DECLARATION:
OWNER: FRANK & JULE NOBLES, 18901 Watson Street, Cerritos, CA 90701
AGENT: HELEN GAY, 1180 S. Belhaven, Anaheim, CA 92805
LOCATION: 1180 S. Belhaven Street. Property is approximately 0.2
acre located on the east side of Belhaven Street and approximately 270
feet north of the centerline of Ball Road.
To expand an existing board and care facility from 6 to 10 residents
with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3391 GRANTED (PC91-39) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3390 AND
NEGATIVE DECLARATION, WAIVER OF COUNCIL POLICY NO. 543:
OWNER: DWYER BEESLEY, ~200, 300 N. TUSTIN, Santa Ana, CA 92705
LOCATION: 209 North Gilbert Street. Property is approximately 0.23
acre located on the west side of Gilbert Street and approximately 550
feet north of the centerline of Lincoln Ave.
To permit a 9-unit "affordable" senior citizen's apartment complex
with waivers of (A) minimum building site area per dwelling unit,
(B) minimum setback to single family zone, (C) maximum structural
height and (D) minimum structural setback from the street.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3390 GRANTED (PC91-40) (5 yes votes, 1 no vote, and 1 absent).
Waiver of code requirement APPROVED (waiver (C) to be modified to
indicate that the setback is for a parking space as opposed to a trash
enclosure.
Waiver of Council Policy 543 APPROVED (5 yes votes, 1 no vote, and 1
absent).
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council Members
Daly and Pickler, and therefore, a public hearing will be scheduled at a later
date.
B3. 179: CONDITIONAL USE PERMIT NO. 3299 (REV. 1), TENTATIVE TRACT NO. 14406
(REV. 1) AND NEGATIVE DECLARATION:
AGENT: O.M.P. PARTNERSHIP, 1424 Victoria Way, Placentia, CA 92670
LOCATION: 1575 W. Katella Ave. Property is approximately 2.21 acres
located on the north side of Katella Ave. and approximately 314 feet
east of the centerline of Carnelian Street and West Street.
To permit a two-lot, 40-unit, RM-2400 zone Condominium Complex
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3299 GRANTED (PC91-41) (6 yes votes, and 1 absent).
Tentative Tract Map 14406 (Rev. l) APPROVED.
NOTE: AT THE MEETING OF APRIL 2, 1991, THE CITY COUNCIL TOOK NO
ACTION ON TENTATIVE TRACT MAP 14406.
Approved previously approved Negative Declaration.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
B4. 179: CONDITIONAL USE PERMIT NO. 3395 AND NEGATIVE DECLARATION:
B5.
OWNER: ALAN and TONI JEAN ANTOYAN, 868 N. Main Street, Orange, CA
92668
AGENT: JOHN YODER, 3311 N. 44th Street, #100, Phoenix, Arizona 85018
LOCATION: 1617 E. Ball Road. Property is approximately 2.02 acres on
the north side of Ball Road and approximately 667 feet west of the
centerline of State College Boulevard.
To permit the outside storage of roofing material and large equipment
for a roofing contractor.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3395 DENIED (PC91-42) (6 yes votes, 1 absent).
Denied Negative Declaration.
179: CONDITIONAL USE PERMIT NO. 3396, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: RONALD & JO ANNE PRICE, 628 South Westchester Drive, Anaheim,
CA 92804
AGENT: BLUE RIBBON BUILDERS, 1135 West Katella Avenue, Orange, CA
92667, Attn: Jeanne Marie Torres
LOCATION: 628 South Westchester Drive. Property is approximately .31
acre on the northeast side of Westchester Drive and approximately 405
feet north of the centerline of Stonybrook Drive.
To permit a 616 square foot granny unit.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3396 GRANTED (PC91-43) (6 yes votes, I absent).
B6. 179: CONDITIONAL USE PERMIT NO. 3398 AND NEGATIVE DECLARATION:
OWNER: FIRST CHRISTIAN CHURCH ANAHEIM, P. O. BOX 207, Anaheim, CA
92815
AGENT: DAVID FIFER, 155 Doverfield, Placentia, CA 92670
LOCATION/REQUEST: The property is located at 819 S. Harbor Boulevard
and is approximately .54 acre on the west side of Harbor Boulevard and
approximately 200 feet south of the centerline of South Street.
The request is to permit a church meeting facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3398 GRANTED (PC91-44) (6 yes votes, i absent).
Approved Negative Declaration.
Council Member Pickler. He asked relative to ingress and egress if access from
the project could be taken from South street rather than Harbor Boulevard.
John Lower, Traffic and Transportation Manager. The lot is relatively level
and it appears access could be taken off South street. This would be
consistent with the County's Super Street program of which Harbor Boulevard is
a part. One of the goals is to restrict driveway access wherever possible.
The reason staff did not make a recommendation in this case is due to the
relatively low trip generation of the church facility. Currently, they do not
have access from South street.
B7.
179: VARIANCE NO. 4116 , CATEGORICALLY EXEMPT, CLASS 11:
OWNER: THOMAS INVESTMENTS, A CALIFORNIA GENERAL PARTNERSHIP, 22905
Lockness Ave., Torrance, CA 90501
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5=00 P.M.
AGENT: COAST SIGN DISPLAY INC., 1345 South Allec Street, Anaheim, CA
92805
LOCATION/REQUEST: The property is located at 850 North Brookhurst
Street and is approximately 4.5 acres on the east side of Brookhurst
Street and approximately 1,065 feet north of the centerline of
Crescent Ave.
Waiver of permitted location of freestanding signs to construct a 32
square-foot freestanding sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4116 GRANTED (PC91-45) (6 yes votes, i absent).
Council Member Pickler. He asked the type of sign that was being proposed.
Greg Hastings, Zoning Division Manager. The additional sign is one that is
freestanding which will be on Brookhurst. The waiver pertains to the location
of the sign in relationship to the side property lines. Because the slope is
adjacent to the freeway overcrossing, the sign needs to be closer to the south
property line than what is normal. They have a sign adjacent to the freeway
which the Planning Commission has asked they refurbish. Neither of the signs
is visible at the same time - one is from Brookhurst and one is from the
freeway.
Joel Fick, Planning Director. Both signs are permitted signs on the property.
The only issue is the location.
End of the Planning Commission Items from March 25, 1991.
B8. 179: ORDINANCE NO. 5214 - (ADOPTION): Amending Title 18 of the Anaheim
Municipal Code to rezone property under Reclassification No. 88-89-39 located
at 1111 W. La Palma Avenue (Anaheim Memorial Hospital Association), from the
RS-7200 zone to the CO zone. (Introduced at the meeting of April 9, 1991, Item
B5.)
WAIVER OF READING - ORDINANCES: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5214)
Council Member Daly moved to waive the reading in full of the ordinance.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Daly offered Ordinance No. 5214 for adoption, amending Title 18
of the Anaheim Municipal Code to rezone property under Reclassification No.
88-89-39 located at 1111 W. La Palma Avenue (Anaheim Memorial Hospital
Association), from the RS-7200 zone to the CO zone. Refer to Ordinance Book.
ORDINANCE NO. 5214: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
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 - APRIL 16, 1991, 5:00 P.M.
The Mayor declared Ordinance No. 5214 duly passed and adopted.
ITEM B9 FROM THE PLANNING COMMISSION MEETING OF APRIL 8, 1991, INFORMATION
ONLY - APPEAL PERIOD ENDS APRIL 18, 1991:
B9. 170: TENTATIVE TRACT MAP NO. 14401 AND MITIGATED NEGATIVE DECLARATION,
WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3380:
OWNER: JOHN PRENTICE, 280 North Oft St., Corona, CA 91720
AGENT: NEWPORT PACIFIC DEVELOPMENT, Attn: Mo Mohammad, 440 MacArthur
Blvd., ~900, Newport Beach, CA 92660
LOCATION/REQUEST: The property is located at 2941 East Jackson Street
and is approximately 1.07 acres located on the north side of Jackson
Avenue and approximately 750 feet east of the centerline of Park Vista
Street.
The request is to permit an "affordable" 24-unit, RM-2400 condominium
complex with waivers of maximum fence height and minimum distance
between oil drilling structures and dwelling units. Petitioner also
requests amendment to conditions of approval pertaining to
construction of sewer facilities.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14401 APPROVED.
Approved Mitigated Negative Declaration.
NOTE: WAIVER OF CODE REQUIREMENT AND CUP NO. 3380 WILL APPEAR ON THE
COUNCIL MEETING OF APRIL 23, 1991, (APPEAL PERIOD EXPIRES APRIL 30,
1991).
Council Member Daly. He notes that the code waiver and the CUP will be coming
to the Council on the Consent Calendar on April 23, 1991. He questioned then
why the tentative tract was before the Council today and why they should not be
considered as one package.
City Attorney White. State law controls time periods for appeals on tract maps
and provides a maximum ten-day period where as the City's zoning codes
specifies the time periods for appeals on zoning actions.
Council Member Daly. If the Council wants to consider the tentative tract on
the same schedule as the other zoning actions, he asked if they could do so.
City Attorney White. The way to do so would be to appeal the tract map today
assuming the Council would then appeal the Zoning actions. He reiterated the
problem is that state law only allows ten days on tentative maps and zoning
actions are twenty-two days. He confirmed for Council Member Daly that in this
case, it would not be a problem if the tract map is approved and the CUP
disapproved later.
ITEM B10 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 4t 1991 - DECISION
DATE: APRIL 10, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 20, 1991:
Bi0. 170: TENTATIVE PARCEL MAP NO. 90-421 AND NEGATIVE DECLARATION:
OWNER: LARRY R. SMITH, 17045 Marina Bay Drive, Huntington Beach, CA
92643.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
AGENT: ANACAL ENGINEERING COMPANY, 1900 E. La Palma Ave., Suite 202,
Anaheim, CA 92803-3668.
To permit a 2-lot parcel map. Property is approximately 3.56 acres
located on the north and west of the northwest corner of Ball Road and
Knott Street.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 90-421 APPROVED (ZA91-17).
Approved Negative Declaration.
ITEM Bll FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 4, 1991 - DECISION
DATE: APRIL 10, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 30, 1991:
Bll.
179: ADMINISTRATIVE USE PERMIT NO. 91-02 (LARGE FAMILY DAY CARE):
To permit a large family day care home for a maximum of 12 (twelve)
children at 1226 E. Sandalwood Avenue. Property is approximately .14
acre located on the south side of Sandalwood Avenue approximately 100
feet east of the centerline of Briarwood Avenue.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
AUP NO. 91-02 APPROVED (ZA91-18).
End of the Zoning Administrator Items.
B12. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3217:
REQUESTED BY: WILLIAM J. BARKETT, MERJAN,
864 Prospect Street, La Jolla, CA 92037
For a period of one year, retroactively to expire January 26, 1992.
LOCATION/REQUEST: The property is located at the northwest corner of
Harbor Boulevard and Orangewood (Anaheim Ramada Renaissance).
The extension is requested to comply with conditions for Conditional
Use Permit No. 3217. CUP NO. 3217 is to construct a 156-foot high,
17-story, 750-room 532,270 sq. ft. hotel facility with accessory uses
and with waivers of maximum fence height and minimum number of parking
spaces.
Submitted was report dated April 8, 1991 from the Planning Department
recommending approval subject to three conditions, as listed in the report,
being satisfied within 90 days.
City Clerk Sohl. She received a letter today by fax from the principal who is
in san Diego and unable to attend the meeting. In a subsequent telephone
conversation with the principal, she was informed they are in concurrence with
the three conditions recommended by staff.
MOTION: Council Member Pickler moved to approve the requested extension of
time retroactively to expire January 26, 1992 subject to the three conditions
listed in the staff report dated April 8, 1991 and that those conditions be
satisfied within 90 days. Council Member Ehrle seconded the motion. MOTION
CARRIED.
B13.
179: REQUEST FOR EXTENSION OF TIME - VARIANCE NO. 3746:
REQUESTED BY: FARANO & KIEVIET, 100 South Anaheim Boulevard, Ste.
340, Anaheim, CA 92805, on behalf of Habitat I for a retroactive
extension of time from April 5, 1991 to expire April 5, 1992.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
LOCATION/REQUEST: The property is located at 1925 West Lincoln Avenue
(northwest corner of Lincoln Avenue and Muller Street). The
petitioner requests an extension of time in order to obtain favorable
financing. Variance No. 3746 is for waiver of maximum fence height,
maximum structural height and minimum distance between buildings to
construct a 184-unit, 38-foot high, 2 to 4-story apartment complex.
Submitted was report dated April 8, 1991 from the Planning Department
recommending that the time extension be granted retroactive to April 5, 1991 to
expire April 5, 1992 subject to the proposal being developed in compliance with
Items a, b, and c, listed in the staff report.
MOTION: Council Member Pickler moved to approve the requested extension of
time on Variance No. 3746 retroactive from April 5, 1991 to expire April 5,
1992 subject to the proposal being developed in compliance with Items a, b, and
c, listed in the staff report dated April 8, 1991. Council Member Ehrle
seconded the motion. MOTION CARRIED.
Cl.
151: REQUEST FOR A SPECIAL EVENTS PERMIT - ANAHEIM CAR WASH:
REQUESTED BY: TOM AGEE, ANAHEIM CAR WASH,
900 West Lincoln Avenue, Anaheim, CA 92805
LOCATION/REQUEST: The property is located at 900 West Lincoln Avenue
(southwest corner of Lincoln Avenue and Ohio Street).
The petitioner requests a maximum 180-day time extension for a Special
Events Permit in connection with water conservation signage at Anaheim
Car Wash.
Submitted was report dated April 8, 1991 from the Zoning Administrator
recommending that the Council grant two additional 28-days special event
permits (for a total of 84 days during 1991) to the petitioner.
MOTION: Council Member Pickler moved to approve the request for a special
events permit for a maximum 180-day time extension for in connection with water
conservation signage at Anaheim Car Wash. Council Member Ehrle seconded the
motion. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST:
Russell Catanzaro, Business Representative for Local 399, AFL-CIO representing
the part-time workers who work at the Convention Center and Stadium. He is
present at the request of some of the membership to help expedite a situation.
If the matter should go to arbitration, it would take too long to resolve
something as simple as this. It has to do with 30 and 20 hour people - people
that work less than 20 and 30 hours and new hirees hired in at this time. The
concern of the employees is the possibility of over hiring and with
probationary people getting as much or more time as the 30 hour people. This
is only happening on one shift. They would like Council consideration to
address the situation and possibly remedy it as soon as possible. There are
about six people present from the Convention Center who may wish to speak.
Mayor Hunter. This is not an agenda item and the Council cannot take action at
this time. Also, he does not feel this is the appropriate forum to address the
issue.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
City Manger Ruth. He was not aware of the problem. They would be happy to
meet with Mr. Catanzaro as early as possible to try to resolve the difference.
They should contact his office and a meeting will be set up.
Katherine Campbell, resident of Anaheim. She has been informed that the City
has officially cancelled their day care programs - after school as well as
summer day care. She questioned why this has happened with such an important
program and asked what she and other working parents will do. The City has
offered reasonable day care and an excellent program and all of a sudden it is
wiped out. She wants to know what they are going to do and if there is any way
to re-establish the program to keep it going.
City Manager Ruth. This is one of the proposed budgetary cuts by the Parks,
Recreation and Community Services Department. The program was not self
supporting. The City was subsidizing the program considerably. Another issue
was compliance with State requirements. Parks and Recreation did not feel they
could comply with the law in terms of facilities and some of the other
amenities they are required to provide. On that basis, the department
recommended cutting the program for the next year. His understanding is the
department is working with other non-profit organizations in the community to
try to absorb the children affected and do whatever they can to see that they
are placed.
Council Member Daly. He asked the City Manager to give a report from the
Parks, Recreation and Community Services Department, the department which has
been overseeing the program, and explain to the Council what the proposed
cutback is - how many young people and families will be affected and what
alternative programs may exist in those areas near the sites where the City is
now sponsoring day care.
City Manager Ruth. Staff will be happy to do that; City Clerk Sohl stated if
Mrs. Campbell will leave her name and address, staff will contact her.
D1. 176: PUBLIC HEARING - ABANDONMENT NO. 90-10A:
In accordance with application filed by Trider Corporation, 12 Corporate Plaza,
Newport Beach, 92660, a public hearing was held on proposed abandonment of a
portion of that certain easement for storm drain purposes located generally
west of Anaheim Hills Road and north of Nohl Ranch Road pursuant to Resolution
No. 91R-62 duly published in the Anaheim Bulletin and notices thereof posted in
accordance with law.
Report of the City Engineer dated March 4, 1991 was submitted recommending
approval of said abandonment.
Richard Santo, Senior Real Property Agent. Staff recommends approval of the
abandonment subject to the valuation payment of $58,578.
Mayor Hunter opened the public hearing and asked to hear from those who wished
to speak; there being no response he closed the public hearing.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Hunter, seconded by Council Member Pickler, the City Council ratified
the determination of the City Engineer that the proposed activity falls within
the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to
the requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-117)
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-117 for adoption, approving
Abandonment No. 90-10A. Refer to Resolution Book.
RESOLUTION NO. 91R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF THAT EASEMENT FOR STORM DRAIN PURPOSES LOCATED
WEST OF ANAHEIM HILLS ROAD NORTH OF NOHL RANCH ROAD. (90-10A)
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-117 duly passed and adopted.
D2. 179: AMEND CONDITION OF APPROVAL, CONDITIONAL USE PERMIT NO. 2914 AND
NEGATIVE DECLARATION:
REQUESTED BY: SUZANNE M. DURAN, (YELLOW BRICK ROAD PRE-SCHOOL), 5241
E. Santa Ana Canyon Road, Suite 140, Anaheim Hills, CA 92807
LOCATION/REQUEST: The property is located at 5475 East La Palma
Avenue. It is a rectangularly-shaped parcel consisting of
approximately 2.1 acres on the north side of La Palma Avenue, located
approximately 760 feet east of the centerline of Brasher Street.
The request is to amend Condition No. 3 of Resolution No. 87R-354
which granted Conditional Use Permit No. 2914 at the Council meeting
of August 18, 1987. CUP NO. 2914 is to permit a day care facility in
conjunction with a proposed industrial medical clinic. Petitioner
requests an increase in the number of children from 88 to 96.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 4, 1991
Mailing to property owners within 300 feet - April 4, 1991
Posting of property April 5, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 19, 1991 from the
Zoning Administrator recommending amendment of Condition No. 3 of Resolution
No. 87R-354 to read - #that attendants at such day care facility shall not
exceed a maximum of ninety-six (96) children at any one time."
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M.
Joel Fick, Planning Director. The subject project was approved in 1987 and at
the time the number of children at the facility was capped at eighty-eight
(88). There was no opposition at the time the application was proposed. Since
that time, no adverse comments have been received. The applicant has
determined they can increase enrollment to ninety-six (96) with no additional
increase of staff. The have received approval from the State for that
increase. Staff recommends approval of the requested increase.
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 - 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 No. 91R-118)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-118 for adoption, approving
amendment to Condition No. 3 of Resolution No. 87R-354 under Conditional Use
Permit No. 2914. Refer to Resolution Book.
RESOLUTION NO. 91R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL
USE PERMIT NO. 2914 AND AMENDING RESOLUTION NO. 87R-354.
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-118 duly passed and adopted.
ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member Pickler
seconded the motion. MOTION CARRIED. (6:20 p.m.)
LEONORA N. SOHL, CITY CLERK
239