1991/06/04City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 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
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council
was posted at 3:40 p.m. on May 31, 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. (3:01 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.
(5:35 p.m.)
323
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
INVOCATION: A Moment of Silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member Irv Pickler led the Assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter
and authorized by the City Council:
Flag Day in Anaheim, June 14, 1991
119: DECLARATION OF RECOGNITION AND APPRECIATION: A Declaration of
Recognition and Appreciation was unanimously adopted by the City Council
and presented to Michael P. Murphy for his nearly 30 years of dedicated
service to the City of Anaheim serving in the Anaheim Police Department.
Mayor Hunter and Council Members personally congratulated and commended
Mr. Murphy for his dedicated service to the City and citizens of Anaheim.
Mr. Murphy was accompanied by his wife Dee.
PRESENTATION - STATUE AT MITO, JAPAN: Council Member Pickler presented to
the City from the Mayor of Mito, Japan, Anaheim's Sister City, a replica
of the statue created and built in Mito representing the friendship
between Mito and Anaheim. Mayor Hunter accepted the replica which is to
be kept at the History Room of the Main Library.
MINUTES: Council Member Ehrle moved to approve the minutes of the regular
meetings of May 7 and May 14, 1991. Council Member Daly seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,514,404.85 for the
period ending May 24, 1991 and $2,056,347.17 for the period ending May 31,
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. (5:42 P.M.)
Mayor Hunter reconvened the City Council meeting. (5:46 P.M.)
WAIVER OF READING - RESOLUTION: The titles of the following resolutions
were read by the City Manager. (Resolution Nos. 91R-151 through 91R-158,
both inclusive, and Ordinance Nos. 5225 and 5226.)
Council Member Hunter moved to waive the reading in full of the
resolutions and ordinances. Council Member Pickler seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Hunter, seconded by Council Member Pickler, the following items were
approved in accordance with the reports, certifications and
recommendations furnished each Council Member and as listed on the Consent
Calendar; ~ouncil Member Hunter offered Resolution Nos. 91R-151 through
91R-158, both inclusive, for adoption. Refer to Resolution Book.
324
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
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 Rose Marie Strickland for property damage
and bodily injury sustained purportedly due to actions of the City on or
about October 24, 1991.
b. Claim submitted by Rochelle Marie Lee for property damage
and bodily injury sustained purportedly due to actions of the City on or
about October 24, 1990.
c. Claim submitted by Zia U. Haq for property damage sustained
purportedly due to actions of the City on or about April 21, 1991.
d. Claim submitted by Charles Henry Huckey for property damage
sustained purportedly due to actions of the City on or about April 1,
1991.
A2. 105: Receiving and filing minutes of the Community Services Board
meeting held April 11, 1991.
105: Receiving and filing minutes of the Anaheim Public Library Board
meeting held April 24, 1991.
140: Receiving and filing the Anaheim Public Library Monthly
Statistical Report for April, 1991.
105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held May 6, 1991.
173: Receiving and filing a Notice to Customers of Filing of
Application No. 91-05-022 by Southern California Gas Company, requesting
an increase in its authorized rate of return from the current 10.79% to
the proposed 11.14% (revenues of $18.982 million annually).
173: Receiving and filing Application No. 91-05-024 before the Public
Utilities Commission of the State of California for authority to increase
its authorized rate of return on common equity; authority to maintain its
authorized capital structure; authority to adjust cost factors for
imbedded debt and preferred stock and related substantive and procedural
relief.
A3. 101: Approving a Notice of Completion of the construction of
Anaheim Arena Phase II, Relocation of Phoenix Club Beer Garden, Shooting
and Archery Ranges, and Green Belt Area by Clayton Engineering, and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
MOTION: On motion by Council Member Hunter, seconded by Council Member
Daly, this item was removed from the agenda at this time as requested by
staff. MOTION CARRIED. Council Member Ehrle voted no.
325
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
A4. 158: Authorizing the payment of $10,909 to the owners Dorothy
Gallardo and Herman R. Gallardo, pursuant to agreement on file, for
additional modifications required for the relocation of the advertising
sign located at 801 North Anaheim boulevard - North Anaheim Boulevard
Street Widening Project (R/W 3500-55).
AS. 123: Approving a Cooperative Agreement with the State of
California, Department of Transportation for the installation of two
changeable message signs on Interstate 5 for the management of traffic
approaching the Commercial-Recreation Area, and authorizing the Mayor to
execute said agreement.
A6. 176: RESOLUTION NO. 91R-151: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-83 PERTAINING TO THE
ABANDONMENT OF CERTAIN PROPERTY ON THE EAST SIDE OF STATE COLLEGE
BOULEVARD, NORTH OF KATELLA AVENUE. (RARAP, L.P.).
A7. 158: Finding and determining, in accordance with Section 1222 of the
City Charter, that the proposed sale of City-owned real property (a
portion of former Well Site No. 109) located east of Kenmore Street and
south of Orange Avenue is in the best interest of the City; accepting the
offer received in the amount of $600; and authorizing the Mayor and City
Clerk to execute the Grant Deed.
A8. 158: Finding and determining, in accordance With Section 1222 of
the City Charter, that the proposed sale of City-owned real property (a
portion of former Well Site No. 21) located east of Florette Street and
south of Hiawatha Street is in the best interest of the City; accepting
the offer received in the amount of $300; and authorizing the mayor and
City Clerk to execute the Grant Deed.
A9. 123: Approving a First Amendment to Agreement for Consulting
Services with Kellogg Corporation to extend the Police 2000 claims
consulting agreement term from June 30, 1991 through December 31, 1991.
Al0. 158: RESOLUTION NO. 91R-152: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING EXECUTION AND DELIVERY OF A GRANT DEED.
(South side of Lincoln Avenue between Kingsley Street and the Santa Ana
River.)
All. 158: RESOLUTION NO. 914-153:. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
CERTAIN QUITCLAIM DEEDS. (Two easement deeds to Bi Ling Lin.)
Al2. 172: ORDINANCE NO. 5225 (ADOPTION): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM ADDING CHAPTER 14.62 TO TITLE 14 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO MOBILE SOURCE AIR POLLUTION REDUCTION.
(Introduced at the meeting of May 21, 1991.)
A13. 160: Waiving Council Policy 306 and authorizing the Purchasing
Agent to issue a purchase order to Simon West Coast, in an amount not to
exceed $40,000 for the repair of a 40-foot single-bucket telescopic-boom
aerial device.
326
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
A14. 160: Accepting the low bid of Hell-Dyne, Inc., in the amount of
$43,665 for one set of helicopter rotor blades, in accordance with Bid
$4950.
A15. 128: Receiving and filing the Monthly Financial Analysis presented
by the Director of Finance for nine months ended March 31, 1991.
Al6. 123: Approving an agreement with Anaheim Union High School District
to facilitate Summer Sports Camps at six district sites for students 12-18
years of age.
A17.- 123: Approving an Agreement with Pacific Bell for use of their
parking lot located at Lincoln Avenue and Anaheim Boulevard for Pearson
Park Theatre events.
A18. 123: Approving a First Amendment to Agreement with Feedback
Foundation, TLC, to provide an advance Community Services Agency funding
payment in the amount of $17,500.
Al9. 150: Approving the name of Toyon Park for The Summit Parksite in
The Summit of Anaheim Hills residential development located south of
Serrano Avenue on Weir Canyon Road in Anaheim Hills.
A20. 106: Approving the revised time schedule for the review and
adoption of the 1991/92 Resource Allocation Plan.
A21. 108: ORDINANCE NO. 5226 (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 8.08 OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE
PERTAINING TO ANIMAL CONTROL, WELFARE, AND LICENSE REQUIREMENTS.
(Introduced at the Council meeting of May 21, 1991.) Council Member Ehrle
voted NO.
RESOLUTION NO. 91R-159 Establishing animal regulations fees.
Resolution No. 91R-159 was removed from the consent calendar.
A22. 123: Consenting to the assignment of an agreement to Managed
Maintenance and Construction Company, Inc., for custodial services for the
remainder of the agreement period through October 31, 1992.
A23. 153: RESOLUTION NO. 91R-154: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-80 WHICH ESTABLISHED RATES
OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL.
(Effective May 24, 1991.)
153: RESOLUTION NO. 91R-155: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-79 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. (Effective
May 24, 1991.)
327
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
153: RESOLUTION NO. 91R-156: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-81 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT.
(Effective May 24, 1991.)
153: RESOLUTION NO. 91R-157: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION.
(Effective May 24, 1991.)
A24. 153: RESOLUTION NO. 91R-158: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 NUNC PRO TUNC.
(Changes salary step range for Assistant Scoreboard Director, and
correlates the salary schedule for Clerical Assistant and General Services
Worker.)
Roll Call Vote on Resolution Nos. 91R-151 through 91R-158, both inclusive,
and Ordinance No. 5225.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution Nos. 91R-151 through 91R-158, both
inclusive, and Ordinance No. 5225 duly passed and adopted.
Roll Call Vote on Ordinance No. 5226.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler and Hunter
Ehrle
None
The Mayor declared Ordinance No. 5226 duly passed and adopted.
End of Consent Calendar.
108: HEARING - ESTABLISHING ANIMAL REGULATION FEES: City Attorney Jack
White announced that notices have been given as required relating to the
hearing to be held at this time by the City Council concerning proposed
animal regulation fees.
Submitted was report dated May 10, 1991 from the City Treasurer, Mary
Turner, recommending the establishment of fees as outlined in her report.
Mayor Hunter opened the hearing and asked to hear from anyone who wished
to speak relative to the proposed fee schedule; there being no response,
he closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 91R-159.)
328
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
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-159 for adoption
establishing animal regulation fees as recommended by the City Treasurer.
Refer to Resolution Book.
RESOLUTION NO. 91R-159: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING ANIMAL REGULATION FEES.
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-159 duly passed and adopted.
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 16, 1991 -
DECISION DATE: MAY 23, 1991
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 7~ 1991
BI.
179: VARIANCE NO. 4128, CATEGORICALLY EXEMPT, CLASS 11:
O~NER: MICHAEL AND BETTY TUNG, 1428 Pasco la Cresta, Palos Verdes,
CA 90274
LOCATION: 4305 East La Palma Avenue. Property is approximately 2.0
acres located on the northeast corner of La Palma Avenue and Fee Ana
Street.
Waiver of minimum number of parking spaces to retain a fenced
storage area.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4128 APPROVED (ZA91-24).
END OF THE ZONING ADMINISTRATOR ITEMS.
B2. 179: ORDINANCE NO. 5227 - ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 90-91-17, located at 1750 South State
College Boulevard, from the }fL zone to the CO zone. (Introduced at the
meeting of May 21, 1991, Item B13.)
B3. 179: ORDINANCE NO. 5228 ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 89-90-47, located at 416 South
Clementtne Street, from the CG zone to the RH-1200 zone. (Introduced at
the meeting of May 21, 1991, Item B14.)
Bd. 179: ORDINANCE NO. 5229 ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 90-91-20, located at 3303 W. Orange
Avenue (Humana Hospital), from the RS-A-43,000 zone (Parcels B and C) to
the CO zone. (Introduced at the meeting of May 21, 1991, Item B15.)
329
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
BS. 179: ORDINANCE NO. 5230 - ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 90-91-15, located on the south side of
Sanderson Avenue, approximately 400 feet south and west of the centerltne
of Auto Center Drive, from the ML zone to the CL zone. (Introduced at the
meetin$ of May 21, 1991, Item B16.)
WAIVER OF READING - ORDINANCES: The titles of the following ordinances
were read by the City Clerk. (Ordinance Nos. 5227 through 5230, both
inclusive.)
Council Member Hunter moved to waive the reading in full of the
ordinances. Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Ordinance Nos. 5227 through 5230, both
inclusive, for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5227: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING. (1750 South State College Boulevard.)
ORDINANCE NO. 5228: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING. (416 South Clementtne)
ORDINANGE NO. 5229: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE'
ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPALCODE RELATING
TO ZONING. (3303 West Orange Avenue)
ORDINANCE NO. 5230: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING. (400 feet south and west of the centerl'ine of Auto Center
Drive)
Roll Call Vote on Ordinance Nos. 5227, 5229 and 5230.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter.
None
None
The Mayor declared Ordinance Nos. 5227, 5229 and 5230 duly passed and
adopted.
Roll Call Vote on Ordinance No. 5228.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Pickler, Ehrle and Hunter.
Daly
None
The Mayor declared Ordinance No. 5228 duly passed and adopted.
B6. 176: AMENDING RESOLUTION NO. 90R-308 NUNC PRO TUNG:
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 91R-160.)
330
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
Council Member Pickler moved to vatve the readinE in full of the
resolution. Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-160 for adoption. Refer
to Resolution Book.
RESOLUTION NO. 91R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 90R-308 (NUNC PRO TUNC) ADOPTED IN
CONJUNCTION WITH RECLASSIFICATION NO. 89-90-51.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL HEMBERS:
COUNCIL~EMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter.
None
None
The Mayor declared Resolution No. 91R-160 duly passed and adopted.
BT-B10. 179: ORDINANCE NOS. 5231 THROUGH 5234, INCLUSIVE -
INTRODUCTION: Council Member Hunter offered Ordinance Nos. 5231 through
5234, both inclusive, for first reading. Refer to Ordinance Book.
ORDINANCE NO. 5231: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING. (425 North Magnolia Avenue.)
ORDINANCE NO. 5232: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING KAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING. (Northeast corner of La Palma Avenue and Blue Gum Street.)
ORDINANCE NO. 5233: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING. (Northeast corner of Monte Vista Road and Weir Canyon Road.)
ORDINANCE NO. 5234: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.05.080 OF CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO LIMIT SICNAGE FOR PROPERTIES IN MULTIPLE-FAMILY ZONES.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
D1. 179: CONTINUED PUBLIC HEARING - VARIANCE NO. 4115 AND MITIGATED
NEGATIVE DECLARATION, TENTATIVE PARCEL MAP NO. 90-107:
OWNER: BROOKHOLLOW APARTMENTS (ANAHEIM) ASSOCIATES, A
CALIFORNIA LIMITED PARTNERSHIP, 4490 Von Karman, Newport Beach,
CA 92660; ORANGE COUNTY FLOOD CONTROL DISTRICT, 400 Civic
Center West, Santa Ana, GA 92701; City of Anaheim, 200 S.
Anaheim Blvd., Anaheim, CA 92803
LOCATION/REQUEST: The property is approximately 5.59 acres
located northeast of the northeast corner of Crescent Avenue
and Brookhurst Street.
331
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
The request is for a waiver of minimum number of parking
spaces, maximum structural height and required elevators to
construct a 124-unit, "affordable", 2 and 3 story, apartment
complex and to establish a 2-lot subdivision.
ACTION TAKEN BY THE PLANNING COM~ISSION:
Variance No. 4115 GRANTED (PG91-34) to include stipulation by
applicant to lease a certain number of 3-bedroom apartments
with 2 cars; providing bus passes at a maximum cost of $340 per
subject to the changes; promotion of ride sharing; helping
second and third floor residents to move and to remove
themselves as required (5 yes votes, 1 no vote, and 1 absent).
Approved Mitigated Negative Declaration.
NOTE: AT THE MEETING OF 3/19/91, THE CITY COUNCIL TOOK NO
ACTION ON TENTATIVE PARCEL HAP NO. 90-107.
Letter of appeal submitted by Michelle Ouellette, Best, Best &
Krteger, on behalf of the School District.
Public hearing continued from the meetings of April 23, 1991,
Item D1, and May 21, 1991, Item D1.
HEARING SET ON:
Letter of appeal submitted by Michelle Ouellette, Best, Best and Krieger,
on behalf of the School District and continued from the meetings of April
23 and May 21, 1991, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 11, 1991
Mailing to property owners within 300 feet - April 9, 1991
Posting of property April 12, 1991
PLANNINO STAFF INPUT:
See staff report to the Planning Commission dated March 11, 1991.
City Clerk Sohl first announced that letter dated June 4, 1991 was
received today via FAX from Best, Best and Krteger, Attorneys for the
Anaheim City School District and previously transmitted to Council and
staff.
Joel Fick, Planning Director. The applicant has been working closely with
the Community Development Department. Staff believes that the project as
it stands today is a much superior project than when originally
presented. Staff recommends Council approval.
APPLICANT'S
STATEMENT:
Shirley O'Connor from the William Lyon Company. She is
with Bob Waller representing Brookhollow Apartments. If
there are any questions or if there is'any other
information the Council would like, they would be happy to
comply.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak.
332
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
PUBLIC DISCUSSION IN FAVOR: None.
PUBLIC DISCUSSION IN OPPOSITION: None.
COUNCIL ACTION: Mayor Hunter closed the public hearinE.
Council Member Daly. Staff indicates there is an
agreement with the School District and that the District
will act on the agreement on June 11, 1991. He asked if
that agreement will subsequently be submitted to the
Council.
City Attorney ~hite answered yes; Lisa Stipkovich,
Executive Director of Community Development. The tTpical
procedure on agreements is to first have the other parties
execute them. Because the School District was unable to
do so at their last meeting, they will execute the
agreement if it is approved at their meeting on June 11,
1991. Staff will then submit it to the Council on June
18, 1991. She also confirmed for Council Member Daly that
to her knowledge the School District has agreed in concept
to the a~reement. They indicated in ~eneral they have
approved it but did not have the benefit of a full
agreement in front of them at the time. It appeared that
they agreed in theory.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 91R-161)
Council Member Hunter moved to waive the reading in full of the
resolution. Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-161 for adoption, making
certain environmental findings with respect to the Brookhollow affordable
apartment project; adoptin~ a mitigated negative declaration; and adopting
a mitigation reporting and monitoring plan. Refer to Resolution Book.
RESOLUTION NO. 91R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE
BROOKHOLLOW AFFORDABLE APARTMENT PROJECT; ADOPTING A MITIGATED NEGATIVE
DECLARATION; AND ADOPTING A MITIGATION REPORTING AND MONITORING PLAN.
Roll Call Vote:
AYES:
NOES:
ABSENT:
GOUNGIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-161 duly passed and adopted.
ENVIRONMENTAL IMPACT REPORT MITIGATED NEGATIVE DECLARATION: On motion
by Council Member Pickler, seconded by Council Member Ehrle, the City
Council approved the mitigated negative declaration upon finding that it
333
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
has considered the mitigated 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.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 91R-162)
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-162 for adoption
granting Variance No. 4115 subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO 91R-162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4115.
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-162 duly passed and adopted.
MOTION: Council Member Pickler moved to approve Tentative Parcel Map
No. 90-107. Council Member Ehrle seconded the motion. MOTION CARRIED.
D2. 179: PUBLIC ~EARING - GENERAL PLAN AMENDMENT NO. 319,
RECLASSIFICATION NO. 90-91-25, CONDITIONAL USE PERMIT NO. 3400 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: LEDERER-ANAHEIM, LTD., 1990 Westwood Boulevard, Third Floor,
Los Angeles, CA 90025.
AGENT: EDWARD KIM/KA INVESTMENT REALTY, 9654 Garden Grove
Boulevard, Garden Grove, CA 92644
LOCATION/REQUEST: The property is located at 1440 South Anaheim
Boulevard and is approximately 14.74 acres located north and east of
the northeast corner of Cerritos Avenue and Anaheim Boulevard.
Petitioner proposes an amendment to the Land Use Element of the
General Plan redistricting subject property from the General
Industrial Designation to the General Commercial Designation.
The request is for a change in zone from H L to CL to permit a
commercial retail center, Anaheim Discount Department Store.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of GPA No. 319, redistricting easterly portion
from General Industrial to General Commercial designation (PC91-48)
(7 yes votes); Reclassification No. 90-91-25 GRANTED (PC91-49);
Conditional Use Permit No. 3400 GRANTED, 10 years, subject to review
in 5 years (PC91-50); approved Mitigated Negative Declaration.
334
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
HEARING SET ON:
Public hearing necessitated since a General Plan Amendment is involved.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 23, 1991.
Mailing to property owners within 300 feet - May 22, 1991.
Posting of property May 24, 1991.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 22, 1991.
Joel Pick, Planning Director. He confirmed for the Mayor that the
Planning Commission approved the project unanimously and there was no
opposition expressed at the hearing. The site is to be upgraded with
landscape enhancements and the parking lot lighting will be substantially
improved. The Planning Commission will subsequently be reviewing
landscaping plans.
Mayor Hunter asked to hear from the Applicant or Applicant's Agent; there
was no response at this time.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak.
PUBLIC DISCUSSION IN FAVOR: None.
PUBLIC DISCUSSION IN OPPOSITION: None.
COUNCIL ACTION: Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion
by Council Member Hunter, seconded by Council Member Pickler, the City
Go%until approved the mitigated negative declaration upon finding that it
has considered the mitigated 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 enviror~nent. MOTION C~P~IED.
WAIVER OF READING - ~SOLUTIONS: The titles of the following resolutions
were read by the City Clerk. (Resolution Nos. 91R-163 through 91R-165,
both inclusive)
Council Member Hunter moved to waive the reading in full of the
resolutions. Council Member Pickler seconded the motion. MOTION CARRIED.
Mayor Hunter offered Resolution No. 91R-163 for adoption approving General
Plan Amendment No. 319, Resolution No. 91R-164 for adoption approving
Reclassification No. 90-91-25 and Resolution no. 9[R-165 for adoption
granting Conditional Use Permit No. 3400 subject to City Planning
Commission conditions. Refer to Resolution Book.
335
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
RESOLUTION NO. 91R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM
GENERAL PLAN DESIGNATED AS AMENDMENT NO. 319, EXHIBIT "A".
RESOLUTION NO. 91R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING HAP REFERRED TO IN
TITLE 18 OF THE ANAHEIM HUNIGIPAL CODE SHOULD BE AMENDED AND THAT THE
BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
RESOLUTION NO. 91R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3400.
Before a vote was taken on the proposed Resolutions, Council Member Daly
noted that the request was for a Conditional Use Permit with no time
frame. The Planning Commission placed a 10 year limit on the CUP with a 5
year review. He asked what a 5 year review would accomplish if the CUP is
for 10 years.
Joel Ffck, Planning Director. At the end of 5 years, there would be a
public hearing before the Planning Commission where they will review the
land use on the site and the project at that point in time.
Council Member Daly. He asked for clarification on the difference between
a 10 year CUP with a 5 year review and a 5 year CUP.
City Attorney ~hite. If for 10 years, the CUP would continue in effect as
a right of the permit holder unless it is revoked by the Council. The
only thing a 5 year review does, it creates an automatic hearing in which
the Council would have a set opportunity at a moment in time to consider
whether they wished to revoke the permit or not. It could be revoked at
that time but also at any other time if there are violations of the Code.
He reiterated all it does is it brings the CUP back for a hearing at that
moment in time.
Council Member Daly. The reason for the question, he is not sure this is
a good long term use for the property but because there is a 5 year
review, he will support the request.
City Attorney White. Relative to Council Member Daly's last statement,
one of the distinctions to be kept in mind, the difference between a 5
year permit and a 10 year permit with a 5 year review, if it expires in 5
years, the burden is on the applicant to meet the necessary findings to
extend it for another 5 years. If a 10 year permit with a revocation
provision, the burden is on the City to show why the permit should be
revoked. It changes the burden of proof.
Council Member Daly. Based on what the City Attorney just said, he
suggests that the permit be approved in that way - that the burden of
proof in 5 years should be placed on the applicant. Indoor swap meets do
not have a great history in other communities. He is not sure the
community should commit to l0 years.
336
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
Council Member Pickler asked how that could be done; City Attorney ~hite.
Instead of a 10 year approval, it would be for 5 years and the condition
for the automatic review in 5 years would be deleted.
Mayor Hunter. He is offering the resolution of approval as it stands -
for 10 years with a 5 year review.
Council Member Pickler. His concerns are the same as Council Member
Daly's. He feels 10 years is too long. If the use is not of benefit to
the City, a shorter time period would give better control and he would
feel more comfortable.
City Attorney ~hite then explained for Council Member Simpson that
relative to burden of proof on the City, if a 10 year permit with a 5 year
review, in 5 years a hearing would be scheduled and the only basis on
which to terminate the use at that time would be if the City established
the evidence presented to the City Council that the existing 10 year
permit was being conducted in a manner which either violated one of the
expressed conditions in the CUP or it was being conducted in a manner
which violated one of the criteria in the Anaheim Municipal Code.
Criteria are basically that the permit was obtained by fraud or being in a
manner detrimental to the public health and safety or in a manner that
would constitute a public nuisance. The burden would be on the City to
prove one of those. If a 5 year permit and an extension is being
requested, the burden is on the applicant that the use is detrimental to
surrounding properties and the neighborhood. It is a question of who has
to come in with the evidence. In one case it is the staff, and in the
other, it is the applicant.
Mayor Hunter reopened the public hearing.
Council Member Ehrle wanted to know the estimated tax
revenue to the City on the proposed project.
Bryan Carmichall, Architectronics, representing Mr. Kim.
The estimate is $4.5 million a year, gross sales. It is
an indoor marketplace. The booths will be of a permanent
structure. The minimum lease time will be for a period of
one year so that there will be no weekend type stalls.
That was spelled out in the Planning Commission
resolution. Also in the resolution, there will be no
outside sales or demonstrations. They do not have a
problem with that. The reason for the 10 years was
~mportant because it is a 10 year lease. ~hey would
prefer a 10 year CUP with a chance for review. Also, many
street improvements have to be made. The project is an
extreme financial burden. A 10 year period would help
assure recovery of the financial output that will be
necessary. He feels that the conditions placed on the use
by the Planning Commission, especially no outside
demonstrations and minimum lease time will provide ample
protection to the City from creating a swap meet
situation.
337
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
Tom Kieviet, Farano and Kieviet, 100 South Anaheim
Boulevard. He is present on behalf of the underlying
property owner. The 5 year, 10 year issue was discussed
at the Planning Commission hearing. The conclusion was
reached that a 10 year limit for the CUP would then give
the opportunity to extend it thereafter by the applicant.
Five years would make it extremely difficult and
potentially not financially feasible for the applicant to
incur the cost to perform under the CUP to a point where
the Planning Commission felt comfortable with a 5 year
review. If everything is going according to plan and the
CUP is being met, there would not be a problem with the
continuation. However, to limit the CUP to 5 years would
place the burden on them and althouih it may be very
simple to get it, the legal implications of not having
that guarantee for the 10 year period could prove
devastating. He then explained the costs involved to
establish the business which he estimated to be $400,000
to $450,000.
Council Member Daly. The proposal calls for 273 booths.
There has been nothing of this scale in Anaheim or even
Orange County before. It is a first and an unknown. He
feels a true 5 year review should constitute a
reapplication by the developer.
Additional discussion followed wherein Council Members
posed questions to staff for purposes of clarification
relative to how the ordinance is structured allowing
churches in the Canyon Industrial Area for certain time
periods and what transpired at the Planning Commission
hearing leading to their decision.
Council Member Ehrle. In his mind, the property will be
improved. It is close to 15 acres. He does not believe
the establishment will be there 10 years from now knowing
how the area is developing and changing. It is a $10 to
12 million piece of property. The use might be there for
the next 3 or 6 years but not for the next decade. He has
no problem approving the use for 10 years. The
improvements will enhance the area in the meantime.
Mayor Hunter closed the public hearing.
Mayor Hunter re-offered the resolutions and approving the Conditional Use
Permit as approved by the City Planning Commission for 10 years with a 5
year review.
Council Member Pickler. He is going to oppose the use since he prefers to
see the ~horter time frame.
A vote was then taken on Resolution No. 91R-163, 91R-164 and 91R-165.
338
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
Roll Gall Vote.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle and Hunter
Daly and Pickler
None
The Mayor declared Resolution No. 91R-163 through 91R-165, both inclusive,
duly passed and adopted.
Council Member Daly. He voted no primarily because they do not have any
evidence that it will be a quality operation. Secondly, as Council Member
Ehrle stated, it is probably the desire of the Council to see another use
on the site. He cannot see why they would then encourage 10 years of a
use they really do not prefer.
D3. 179. PUBLIC gRARING - TENTATIVE PARCEL MAP NO. 91-173, VARIANCE
NO. 4126 AND NEGATIVE DECLARATION:
OWNER: JOSEPH M. MARTELLI AND LISA G. MARTELLI, 791 S. Brookhurst
Ave., Anaheim, GA 92804
AGENT: DOUG BROWNE, P.O. Box 18021, Anaheim, GA 92817
LOCATION/REQUEST: The property is located at 901 North West Street
and is approximately 0.65 acre located on the west side of West
Street and approximately 220 feet south of the centerlfne of La
Entrada Circle.
The request is for waivers of required lot frontage, minimum lot
area, and minimum lot width to establish a 3-lot subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Parcel Map No. 91-173 and Variance No. 4126 referred to
City Council for public hearing due to tie vote (3 yes votes, 3 no
votes, and i abstained).
Approved Negative Declaration.
HEARING SET ON: A public hearing was set due to a tie vote by the City
Planning Commission at their meeting held May 6, 1991.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 23, 1991
Mailing to property owners within 300 feet - May 22, 1991
Posting of property May 24, 1991
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated May 6, 1991.
APPLICANT'S
STATEMENT: Doug Browne, 151 S. qutntana. He briefed the Council on the
buildings he has built in the City since 1981. He is a
developer who chooses parcels which no one else has the
patience for or wants to develop. He tries to make his
products as good as he can. The renderings furnished the
Planning Commission are not posted but he has miniaturized
copies which he showed to the Council. The renderings were for
evidence to the Planning Commission that good size houses will
339
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
have no problem sitting on the proposed lots which he is
attemptin$ to produce. The Tentative Parcel Map before the
Council for approval produces two 10,000 square foot lots and
one 8600 plus square foot lot in an area where 10,000 square
foot lots are the minimum size. The private driveway serves
all the lots and safely allows the negotiation of vehicular
traffic to back on to the driveway and head out
onto West Street, a situation that does not exist on most of
the other driveways on West Street. One of the contingencies
of the approval of the resolution by the Planning Commission
was that the project would be developed in substantial
conformance with what he proposed to them. They did not get to
the discussion stage because the vote was 3 to 3. Thus, the
fine lines were not drawn. His actual application was strictly
for the production of the Parcel Map as posted. The houses
were not necessarily the ones which would be constructed but
given as examples of houses that would sit on the lots. The
area is an old established area of Anaheim and would lend
itself to good size homes on those lots. He needs to have the
Parcel Map approved first. The renderings show the approximate
quality of the houses and not the exact houses. He stated for
Council Member Daly that the houses will be as nice as the ones
built on West Street on the east side north of Westmont.
Mayor Hunter opened the public hearing and asked to hear from those who
wished to speak either in favor or in opposition.
PUBLIC DISCUSSION - IN FAVOR:
Richard Moss, 907 North West Street. Generally in the times he
has appeared before the Planning Commission and Council, he
speaks for himself and other homeowners on West Street.
Tonight he is speaking for himself simply because in speaking
with the other people, they have agreed that the program
outlined by Mr. Browne is to their advantage in increasing the
quality of development along North West Street. In the 32
years he has lived there, they have been trying to make people
aware that the street has been neglected. They have had the
advantage of the cooperation of the City and Planning
Commission over the years and have brought West Street up to a
quality street although there are "warts" that still remain.
The hope is eventually that North West Street between North
Street and La Palma will be a quality street. Speaking for
himself and because he is directly affected, he feels the
proposed development is a plus for the street and is asking
that the Council give their approval to it.
PUBLIC DISCUSSION - IN OPPOSITION:
Joan Burke, 649 Carlton. She found out about the project
today. She did call other people and they would have been
present if they had known about the hearing. This is a nice
neighborhood. She does not like to see a change in the minimum
size and minimum lot width frontage. She feels it would be a
nice project for two homes but three is too crowded. She
340
City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M.
wishes there were more people present tonight.
notice only goes out to those within 300 feet.
is against the project as proposed.
She knows the
In general, she
COUNCIL ACTION: There being no further persons who wished to speak, Hayor
Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, 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-166.)
Council Member Pickler moved to waive the reading in full of the
resolution. Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Pickler moved to approve Tentative Parcel Hap No. 91-173.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-166 for adoption
granting Variance No. 4126 subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 91R-166: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4126.
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-166 duly passed and adopted.
ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member
Ehrle seconded the motion. MOTION CARRIED. (6:53 p.m.)
LEONORA N. SOHL, CITY CLERK
341