1991/06/25City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle
COUNCIL MEMBERS: Hunter
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
RECREATION SUPERINTENDENT: Mark Deven
ZONING ADMINISTRATOR: Annika Santalahti
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim City Council
was posted at 3:35 p.m. on June 21, 1991 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Pro Tem Ehrle 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:
ae
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.
International Title Exposition vs. City of Anaheim, et al.,
Orange County Superior Court Case No. X62-50-99.
Edison Company vs. City of Anaheim, et al., Los Angeles
Superior Court Case No. C537702; City of Anaheim, et al., vs.
Edison Con., Orange County Superior Court Case No. 49-41-92.
be
Co
To meet with and give directions to its authorized
representative regarding labor relations matters - Government
Code Section 54957.6.
To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
do
To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
396
City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
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. (3:02 p.m.)
AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council
Members being present, and welcomed those in attendance to the Council
meeting. (5:25 p.m.) Council Member Hunter was absent.
INVOCATION: Pastor Greg Gibbs, Calvary Baptist Church, gave the
invocation.
FLAG SALUTE: Mayor Pro Tem William D. Ehrle led the assembly in the
Pledge of Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor
Pro Tem Ehrle and authorized by the City Council.
International Cat Show Week in Anaheim, June 23-30, 1991.
Eleanor Silverman, accompanied by two representatives and also three
felines, accepted the Proclamation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Mary Raffel,
Chairman of the Anaheim Public Library Friends Group, recognizing their
outstanding contribution to the community's public educational resources.
Mrs. Raffel was accompanied by five members of the Friends Group,
including Mr. Earl Dahl, a Member of the City's Library Board.
Mayor Pro Tem Ehrle and Council Members thanked the Members individually
for all their generous contributions of time and also funds which have
been a great asset to the City's libraries.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted and ratified by the City Council commending Ronald K.
Dominguez, Executive Vice President, Walt Disney Attractions, West Coast
recipient, annual Gift of Hope award, to be presented to Mr. Dominguez on
July 20, 1991.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously ratified by the City Council to be presented to James Hahn,
recognizing his years of dedication and commitment to the United States
Army and Army Reserves and on his return from serving in the Persian
Gulf.
MINUTES: Approval of the minutes was deferred to the next regular
meeting.
397
City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,670,961.29 for the
week ending June 21, 1991, in accordance with the 1991/92 budget, were
approved.
Mayor Pro Tem Ehrle recessed the City Council meeting until after the
Redevelopment Agency and Housing Authority Meetings. (5:46 p.m.)
Mayor Pro Tem Ehrle reconvened the City Council meeting. (5:49 p.m.)
WAIVER OF READING - RESOLUTIONS AND ORDINANCES: The titles of the
following resolutions and ordinances were read by the City Manager.
(Resolution Nos. 91R-206 through 91R-213, both inclusive; Ordinance
Nos. 5237 through 5239, both inclusive.)
Council Member Pickler moved to waive the reading in full of the
resolutions. Council Member Simpson seconded the motion. Council Member
Hunter was absent. 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-206 through
91R-213, both inclusive, for adoption. Refer to Resolution Book. Council
Member Pickler also offered Ordinance Nos. 5237 through 5239, both
inclusive, for adoption. Refer to Ordinance 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 David Miller for property damage sustained
purportedly due to actions of the City on or about January 9, 1991.
b. Claim submitted by David Kreisler for property damage sustained
purportedly due to actions of the City on or about March 25, 1991.
c. Claim submitted by Nostalgia Ventures, Inc. for property damage
sustained purportedly due to actions of the City on or about May 7, 1990
through May 7, 1991.
d. Claim submitted by Phillips Brandt Reddick for indemnity
sustained purportedly due to actions of the City on or about July 30,
1990.
A2. 105: Receiving and filing minutes of the Public Utilities Board
meeting held May 9, 1991.
105: Receiving and filing minutes of the Community Redevelopment
Commission meetings held April 17, 1991, April 24, 1991, May 29, 1991 and
June 12, 1991.
398
City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
107: Receiving and filing the Statistical Report Summary ending June 11,
1991, submitted by the Building Division.
156: Receiving and filing the Anaheim Police Department Crime and
Clearance Analysis for the month of May, 1991.
A3. 169: Awarding the contract to the lowest and best responsible
bidder, Nobest, Inc., in the amount of $254,046 for Neighborhood
Preservation Area II - Phase 2.
A4. 164: Awarding the contract to the lowest and best responsible
bidder, Mike Cronin Construction, in the amount of $150,106.60 for Ninth -
Audre Storm Drain Improvement; and in the event said low bidder fails to
comply with the terms of the award, awarding the contract to the second
low bidder, as well as waiving any irregularities in the bids of both the
low and second low bidders.
A5. 169: Awarding the contract to the lowest and best responsible
bidder, R. J. Noble Company, in the amount of $582,843.64 for Katella
Avenue Street and Storm Drain Improvements - State College Boulevard to
Lewis Street; and in the event said low bidder fails to comply with the
terms of the award, awarding the contract to the second low bidder, as
well as waiving any irregularities in the bids of both the low and second
low bidders.
A6. 169: Awarding the contract to the lowest and best responsible
bidder, R. J. Noble Company, in the amount of $579,329.28 for Tustin
Avenue Street and Storm Drain Improvements.
A7. 149: ORDINANCE NO. 5241 - (INTRODUCTION}: AN ORDINANCE OF THE CITY
OF ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ON MAGNOLIA
AVENUE.
A8. 104: RESOLUTION NO. 91R-206: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND
CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-4 FOR THE CONTRACT
YEAR JULY 1, 1991 TO JUNE 30, 1992, FOR THE AMOUNT ESTIMATED TO BE
NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT
YEAR. (TRACT 1392 $8.55)
A9. 104: RESOLUTION NO. 91R-207: A RESOLUTION OF THE CITY COUNCIL OF
TH~ CITY ON ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND
CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-7 FOR THE CONTRACT
YEAR JULY 1, 1991 TO JUNE 30, 1992, FOR THE AMOUNT ESTIMATED TO BE
NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT
YEAR. (TRACT 2875 $49.21)
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
Al0. 104: RESOLUTION NO. 91R-208: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND
CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-6 FOR THE CONTRACT
YEAR JULY 1, 1991 TO JUNE 30, 1992, FOR THE AMOUNT ESTIMATED TO BE
NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT
YEAR. (TRACT NOS. 2228 AND 2705 $31.67)
All. 104: RESOLUTION NO. 91R-209: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND
CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1984-1 FOR THE CONTRACT
YEAR JULY 1, 1991 TO JUNE 30, 1992, FOR THE AMOUNT ESTIMATED TO BE
NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT
YEAR. (TRACT NOS. 1453, 1401, 1400, 1374, 335 AND 217 $20.71)
Al2. 169: RESOLUTION NO. 91R-210: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION
TO A?J.OCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR
TUSTIN AVENUE BETWEEN SANTA ANA CANYON ROAD AND THE SANTA ANA RIVER.
($270,233.33)
Al3. 169: RESOLUTION NO. 91R-211: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION
TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR
KATELLA AVENUE BETWEEN STATE COLLEGE BOULEVARD AND LEWIS STREET.
($266,487.32)
Al4. 160: Accepting the low bid of Southwest Power, Inc., in the amount
of $103,261.34 for twelve SF-6 subsurface switches, and seven motor
operators and auxiliary contacts, in accordance with Bid ~4951.
Al5. 160: Accepting the low bid of USCO Power Equipment Corporation, in
the amount of $52,016.81 for nine disconnect switches, in accordance with
Bid $4942.
Al6. 160: Accepting the low bid of NCR Corporation, and authorizing the
City Treasurer to negotiate and enter into a contract in an amount not to
exceed $120,0OO for a mail remittance processing system, in accordance
with Bid ~4954.
Al7. 128: Receiving and filing the Monthly Financial analysis presented
by the Director of Finance for ten months ended April 30, 1991.
Al8. 179: Approving a Negative Declaration, pursuant to CEQA findings,
for the Railroad Park Development Project (Citrus Park) located on
Atchison Street between Broadway and Center Avenue; and authorizing the
City Clerk to file a Notice of Determination as required by CEQA.
Al9. 123: Approving an Agreement with Anaheim City Elementary School
District to provide Park Ranger patrols of school facilities from July 5,
1991 through June 28, 1992.
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
A20. 150: RESOLUTION NO. 91R-212: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
ORANGE COUNTY URBAN PARKS PROGRAM. (Peralta Canyon Park Group Picnic
Shelter; Peralta Canyon Recreation Center Improvements; La Palma Park
(Glover Stadium) Baseball Concession Improvements; Basketball Court
Lighting Improvements at Peralta Canyon, Ponderosa, Twila Reid, John
Marshall and Eucalyptus Parks.)
Authorizing the City Manager to sign the application and act as the City's
Representative in all matters concerning applications for funding of the
above projects.
A21. 123: Approving an Agreement with Anaheim Union High School District
for the non-fee use of the Ponderosa Neighborhood Center to provide a
federally-sponsored Summer Food Service program for community youth for a
period of two months; and appropriating $800 into expenditure account
01-280-6925 and revenue account 01-280-3723.
A22. 123: Approving a Lease Agreement with Anaheim Union High School
District for the use of space at Trident Junior High School during Fiscal
Year 1991/92 at a cost of $75,204 per year.
A23. 123: Approving an Agreement with Savanna School District to make
use of grant funds in the amount of $200,000 for the development of
modular classrooms for before-and-after-school child care at Hansen, Reid,
Cerritos and Holder Elementary Schools.
Council Member Daly. He wanted to highlight this item and thank staff for
the great work done in this regard. At the City School's Coordinating
Committee Meetings a frequent topic is the need for coordination and
cooperation between the City and the School District's Child Care and Day
Care matters. This is an outstanding example of a cooperative program
wherein the City obtained some grant funds and worked with the Savanna
School District to provide child care facilities at five of the school
campuses. Using school campuses for before and after school care is such
an efficient and smart use of the facilities. He thanked staff and
particularly the Parks and Recreation Department.
A24. 123: Approving a Juvenile Court Work Program Agreement with the
County of Orange Probation Department to provide the City with work crews
for $325 per work crew per day.
A25. 123: Approving an Indemnification Agreement with Municipal Water
District of Orange County (MWDOC), Coastal Municipal Water District
(Coastal), Orange County Water District (OCWD), and the Orange County
Volunteer Emergency Preparedness Organization (VEPO) to indemnify and hold
each other harmless from liability for injury or property damage incurred
as a result of providing assistance to one another in response to a
regional disaster.
401
City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
A26. 123: Approving an Indemnification Agreement with Metropolitan Water
District of Southern California and the Member Agency Response System
(MARS) participants to indemnify and hold each other harmless from
liability for injury or property damage incurred as a result of providing
assistance to one another in response to a regional disaster.
A27. 123: Waiving Council Policy No. 306 and approving the purchase of
30,000 water conservation kits from the Metropolitan Water District (MWD)
at a cost of $60,000 and authorizing the Public Utilities General Manager
to execute an agreement with Metropolitan Water District for participation
in the Water-Wise '91 Campaign.
A28. 123: Approving an Agreement with the Walt Disney Company, County
Sanitation District of Orange County and Metropolitan Water District of
Southern California to replace older, high-volume, toilets with ultra
low-flush toilets in the Disneyland Hotel, and authorizing the Public
Utilities General Manager to sign said agreement.
A29. 123: Approving the Settlement Agreement and Mutual Release
Agreement between the Southern California Edison Company and the Cities of
Anaheim and Riverside, and authorizing the Public Utilities General
Manager to execute said agreement.
A30. 123: Approving an Agreement with the YMCA for $49,120 for
rehabilitation costs to carry out improvements to their facility located
at 1515 West North Street.
A31. 101: Approving a relocation claim in the amount of $34,485 for
Rancho Del Rio Stables, and authorizing the City Manager to approve
payments conditioned upon submittal of claims in a form suitable to the
City. Council Member Pickler voted No.
A32. 114: Approving the use of Council Contingency Funds, in the amount
of $2,100 for the purchase of seventy American flags and flag poles for
the American Legion to display in Anaheim.
A33. 123: Approving a ninth Amendment to Agreement with E. Del Smith and
Company, Inc., to extend the term of the agreement to cover the period
from July 1, 1991 through June 30, 1992, for representation services in
Washington, D. C.
A34. 123: Accepting the bid of, and awarding the contract to the sole
responsible bidder, Edwin Webber, Inc., in the amount of $53,620 for weed
abatement services for the fiscal year 1991/92.
A35. 116: Approving the JTPA program activities, program mix, and
allocations for the period from July 1, 1991, through June 30, 1992, and
authorizing the JTPA Manager to execute the necessary agreements and any
modifications.
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
A36. 123: Waiving Council Policy No. 401 and approving an Agreement with
Johnson and Kaji, Inc., in the amount of $36,800 to provide professional
services in the form of development and implementation of pre-placement
medical standards, and approving the examination quality assurance fees.
A37. 144: ORDINANCE NO. 5237 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 6.68.040 OF CHAPTER 6.68 OF TITLE 6 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO FEES FOR PERMITS FOR WIPING RAG
BUSINESSES.
A38. 149: ORDINANCE NO. 5238 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM ESTABLISHING THE PENALTIES FOR ANAHEIM MUNICIPAL CODE PARKING
VIOLATIONS. (Introduced at the meeting of June 18, 1991)
A39. 129: ORDINANCE NO. 5239 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 6.40.040 OF CHAPTER 6.40 OF TITLE 6 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PERMITS FOR PUBLIC DISPLAYS OF
FIREWORKS.
City Attorney White. Answering Council Member Pickler he explained in the
City's Ordinance adopted relating to the prohibition of fireworks, there
was a provision that fireworks would continue to be allowed pursuant to a
professional display permit issued through the Fire Department. This is
an update of that particular provision. Professional pyrotechnicians
licensed through the State may obtain a permit through the Fire Department
and are still authorized to hold public displays of fireworks such as at
Anaheim Stadium, Disneyland or elsewhere in the City. This merely relates
to the fees and makes it easier in the future to establish fees so that
the Ordinance does not have to be amended every time there is a change in
the permit fee.
A40. 169: Awarding the contract to the lowest and best responsible
bidder, Steiny and Company, Inc., in the amount of $1,542,742 for Federal
Demonstration Project No. 3 - Changeable Message Signs.
A41. 130: RESOLUTION NO. 91R-213: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DECLARING ITS INTENTION TO APPROVE THE TRANSFER OF A
CABLE TELEVISION FRANCHISE FROM EMPIRE CABLE TELEVISION, INC. (DBA ANAHEIM
HILLS CABLE TELEVISION) TO JONES SPACELINK, LTD. AND ORDERING A HEARING
THEREON. (Suggested hearing date is July 16, 1991, 6:00 p.m.)
A42. 101: Authorizing Termination of Declaration of Covenants and
Restrictions on City land and authorizing the City Manager or designee to
execute said amendment and other documents relating to the Phoenix Club
project. (Submitted was report dated June 25, 1991 from the Community
Development Department recommending the termination'.) Council Member
Pickler voted No.
Roll Call Vote (Resolution Nos. 91R-206 through 91R-213, both inclusive;
Ordinance Nos. 5237 through 5239, both inclusive:
403
City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler and Ehrle
None
Hunter
The Mayor Pro Tem declared Resolution Nos. 91R-206 through 91R-213, both
inclusive, duly passed and adopted, and Ordinance Nos. 5237 through 5239,
both inclusive, duly passed and adopted.
End of consent calendar. MOTIONS CARRIED.
123: VOTE CHANGE - COUNCIL MEMBER PICKLER: Council Member Pickler stated
that on June 11, 1991 he voted Yes on an item on which his intent was to
vote No - item A21 of June 11, 1991 - approving a scheduling agreement
with Ogden Facility Management Corporation and authorizing the Mayor and
City Clerk to execute said agreement on behalf of the City. He asked the
City Attorney if he could do so at this time.
City Attorney White. The answer would depend on whether it would change
the result of the action. If it does not and Council Member Pickler
wishes to change his vote, he can do so. If it changes the result, it
would require a motion to rescind or reconsider the matter.
Council Member Pickler. The City Clerk can attest that his No vote would
not change the outcome.
Council Member Pickler's vote on Item A21, at the meeting of June 11, 1991
was thereupon changed from a Yes to a No.
A43. 105: APPOINTMENT TO THE SENIOR CITIZEN COMMISSION: Appointment to
fill an unscheduled vacancy (Nelson - term expires June 30, 1991).
Suggest the candidate be appointed to the ensuing term ending June 30,
1994.
City Clerk Sohl stated the suggestion to appoint a candidate for the
ensuing term is due to the fact that there is only one month left on the
current vacancy.
Mayor Pro Tem Ehrle. Unless there is a problem, he would like to have the
appointment continued for two weeks; Council Member Simpson asked if it
could be continued to a date certain. He suggested that all appointments
be set for the first meeting in August.
Mayor Pro Tem Ehrle. He noted that in essence all Board and Commission
appointments expire on June 30. The Council would like to have those
interested in being reappointed to write letters indicating their
continued interest. He would also like to have advertising continued for
the vacant positions.
The consensus of the Council was that appointments to all Boards and
Commissions would be scheduled for the first meeting in August.
404
City Hallr Anaheimu California-COUNCIL MINUTES - June 25r 1991~ 5:00 P.M.
179: ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF JUNE 6, 1991 -
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 25u 1991:
B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3373 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: MITTON JOHNSON et al, 1214 West Katella Avenue,
Anaheim, CA 92802
AGENT: K. OSTOWARI, 6263 East Twin Peak Circle, Anaheim, CA
92807
LOCATION: 521 South Manchester Avenue. Property is
approximately 2.1 acres located on the southwest corner of
Manchester Avenue and Santa Ana Street.
To permit an auto dismantling and auto storage yard and a
temporary office trailer in conjunction with an existing auto
repair facility with waivers of minimum structural setback
and required improvement of parking area.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3373 DENIED (PC91-72)
Waiver of code requirement DENIED.
DENIED Negative Declaration.
A letter of appeal was received from the agent for the applicant,
Mr. K. Ostowari and therefore, a public hearing will be set at a late=
date.
B2. 179: VARIANCE NO. 4130, TENTATIVE TRACT MAP NO. 14512 AND NEGATIVE
DECLARATION:
OWNER: CONESTOGA PARTNERS, 1240 South Walnut Street,
Anaheim, CA
AGENT: PHIL SCHWARTZE, 27132-B Paseo Espada, Suite 1222, San
Juan Capistrano, CA 92675
LOCATION: 1240 South Walnut Street. Property is
approximately 6.4 acres located on the south side of Ball
Road and the east side of Walnut Street.
Waivers of lot required frontage and required structural
setback to permit a 5-lot condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4130 GRANTED (PC91-73)
Negative Declaration APPROVED.
NOTE: At the meeting of June 11, 1991, the City Council took
no action on Tentative Tract Map No. 14512.
B3. 179: CONDITIONAL USE PERMIT NO. 3416 AND NEGATIVE DECLARATION:
OWNER: ROGER NIGOGOSYAN, 8235 Zitola Terrace, Playa Del Rey,
CA 90293.
AGENT: KENNETH DINSMORE, 16892 Green Street, #1, Huntington
Beach, CA 92649.
405
City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
LOCATION: 1895 West Katella Avenue. Property is
approximately 0.45 acre located at the northeast corner of
Katella Avenue and Nutwood Street.
To permit on-premise sale and consumption of beer in a pool
hall.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN.
B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3417 AND
NEGATIVE DECLARATION:
OWNER: A. G. CASSIS, 413 Sharon Road, Arcadia, CA 91007
AGENT: Sim Hoffman, M.D., 585 South Knott Street, Anaheim,
CA 92804.
LOCATION: 545-595 South Knott Street. Property is
approximately 0.68 acre located at the northwest corner of
Knott Street and Orange Avenue.
To permit a temporary medical office trailer at an existing
medical complex (commercial center) with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3417 APPROVED (PC91-74).
Waiver of code requirement GRANTED.
Approved Negative Declaration.
B5. RECLASSIFICATION NO. 90-91-27r CONDITIONAL USE PERMIT NO. 3418~
TENTATIVE PARCEL MAP NO. 91-118 AND NEGATIVE DECLARATION:
OWNER: BUGANKO, A California General Partnership, 3855 East
La Palma Avenue, Suite 101, Anaheim, CA 92807
AGENT: CHARISMA GROUP, A California Corporation, 3855 East
La Palma Avenue, Suite 101, Anaheim, CA 92807
LOCATION: Property is approximately 0.142 acre located on
the west side of Bubach Street and approximately 730 feet
north of the centerline of Orangethorpe Avenue.
Reclassification No. 90-91-27: to reclassify 2,250 square
foot portion of subject property from RS-A-43,000(0)
(Residential, Agricultural (Oil, Production Overlay)) zone to
the RS-5,000(0) (Residential, Single-Family (Oil Production
Overlay)) or a less intense zone to correspond with the
RS-5000(0) zoning for the remainder of the subject parcel.
Conditional Use Permit No. 3418: to permit a dwelling in a
designated Floodplain Overlay Zone.
Tentative Parcel Map no. 91-118: To establish a l-lot
subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 90-91-27 GRANTED (PC91-75)
Conditional Use Permit No. 3418 GRANTED (PC91-76)
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
Approved Negative Declaration.
NOTE: At the meeting of June 11, 1991 no action was taken by
the City Council on Tentative Parcel Map No. 91-118.
B6. 179:
B7. 179:
VARIANCE NO. 4131 AND NEGATIVE DECLARATION:
OWNER: R. H. FIELD, P. O. Box 8, Anaheim, CA 92815
AGENT: S. G. TOTH, 200 South Norman Avenue, Fullerton, CA
92631
LOCATION: 125 East Ellsworth Street. Property is
approximately 0.13 acre located at the northwest corner of
Ellsworth Avenue and Claudina Street.
Waivers of minimum structural setback, minimum yard
required, minimum recreational leisure area, permitted
encroachments, and required vehicle access to construct a
second dwelling unit.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4131 DENIED (PC91-77)
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 3318 AND NEGATIVE DECLARATION:
OWNER: PHAN NHUBUI, 14141 Riverton, Westminster, CA 92683
AGENT: TUE TONG, 14141 Riverton, Westminster, CA 92683
LOCATION: 3203 West Ball Road. Property is approximately
0.21 acre located at the northwest corner of Ball Road and
Western Avenue.
Amendment to conditions of approval pertaining to a
limitation of uses. To permit a real estate office in
conjunction with a beauty salon.
Annika Santalahti, Zoning Administrator, answered questions posed by
Council Members Pickler and Daly.
Following a brief discussion with staff, a review of the Planning
Commission's decision was requested by Council Members Pickler and Daly.
B8. 179:
VARIANCE NO. 3631 AND NEGATIVE DECLARATION:
OWNER: KENSKI PROPERTIES, 3001 Redhill Avenue, Building 5,
Suite 201, costa Mesa, CA 92626
LOCATION: Z405-2415 West Lincoln Avenu.e. Property is
approximately 1.1 acres located north and west of the
northwest corner of Lincoln Avenue and Gilbert Street.
An amendment to the conditions of approval pertaining to
fast-food facilities with waiver of minimum number of parking
spaces to establish an additional 1,056 square feet of fast
food uses.
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 3631 DENIED (PC91-79)
Approved Negative Declaration.
A letter of appeal was filed by the owner, and a public hearing will be
scheduled for a future date.
ITEM B9 FROM THE PLANNING COMMISSION MEETING OF JUNE 17, 1991 -
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 27, 1991:
B9. 170: THE SUMMIT OF ANAHEIM HILLS (SP88-2) DEVELOPMENT AREA 104
REQUESTS REVIEW AND APPROVAL OF SUBSTANTIAL CONFORMANCE WITH PREVIOUSLY
APPROVED PRECISE PLANS FOR VESTING TENTATIVE TRACT MAP NO. 14190:
The Baldwin Company requests review and approval of
substantial conformance with previously approved precise
plans for Vesting Tentative Tract Map No. 14190. Property
consists of approximately 8.62 acres generally bounded by The
Summit of Anaheim Hills Development Area 103 to the
northwest, The Summit of Anaheim Hills Development Area 202
to the northeast, The Summit of Anaheim Hills Development
Area 201 to the east and The Summit of Anaheim Hills
Development Area 104 to the southwest and further described
as Vesting Tentative Tract Map No. 14190 within the
Development Area 104 of The Summit of Anaheim Hills Specific
Plan (SP88-2).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved substantial conformance with previously approved
precise plans for Vesting Tentative Tract Map No. 14190.
End of the Planning Commission Items.
B10. 179: ORDINANCE NO. 5240 - ADOPTION:
WAIVER OF READING - ORDINANCE: The title of the following ordinance was
read by the City Clerk. (Ordinance No. 5240)
Council Member Pickler moved to waive the reading in full of the
ordinance. Council Member Simpson seconded the motion. Council Member
Hunter was absent. MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5240 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5240: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING. (Reclassification No. 90-91-01, located at 1575 West Katella,
from the CL zone to the RM-2400 zone.)
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler and Ehrle.
None
Hunter
The Mayor Pro Tem declared Ordinance No. 5240 duly passed and adopted.
ITEM Bll FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 13~ 1991 - DECISION
DATE: JUNE 20, 1991 - INFORMATION ONLY - APPEAL PERIOD ENDS JULY 5,
1991:
Bll. 179: CONDITIONAL USE PERMIT NO. 3422r CATEGORICALLY EXEMPT~
CLASS 23:
OWNER: DENNIS SCIOTTO , 9414 Twin Trails Drive, #202,
San Diego, CA 92129
AGENT: JOSEPH MESSINA, 1339 North East, Anaheim, CA 92805
LOCATION: 1339 North East Street. Property is approximately
.86 acre located near the northwest corner of East Street and
Kenwood Avenue.
Waiver of minimum required parking spaces to permit on-sale
alcoholic beverages in an existing restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Conditional Use Permit No. 3422 APPROVED, (modified
conditions).
End of the Zoning Administrator Items.
Cl. ITEMS OF PUBLIC INTEREST:
150: Tod Terpening, 1618 South Humor Drive, Anaheim, President of Loara
Little League. He is present to request a change in policy regarding the
use of City Baseball Fields on Mondays. Chris Jarvi, Director of Parks
and Recreation is doing an excellent job with the youth organizations in
the Anaheim area. The City has three of the nicest baseball fields in
southern California - Boysen Park, Glover Stadium and Brookhurst.
Starting July 5 through July 25, 1991, the District All Star Tournament is
taking place with all the games scheduled at Boysen Park except Monday,
July 8 and 15. The City policy is that Mondays are field maintenance
days. The only location they are able to obtain for those two days is a
field in Garden Grove where the playing surface is unsafe and the location
lacks important amenities such as rest rooms or bleachers. He would
appreciate any consideration the Council might give' that will enable those
two games to be played at Boysen Park.
MOTION: Council Member Pickler stated he has long been involved with
Little League up through Babe Ruth League. He moved that the Council
approve the request and release Boysen Park for Monday, July 8 and July 15
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
so that the Little League Championship Tournament can be played on those
evenings. Council Member Ehrle seconded the motion for the purpose of
discussion.
Council Member Daly. He tends to agree but would like to hear from staff
relative to any impacts the decision might have on setting a precedent.
He would rather that the Council not get into the same position every
summer but that the Department have a blanket policy.
Mark Deven, Recreation Supervisor. The Department's decision was based on
their maintenance requirements for baseball fields in order to keep them
playable and safe. For years no games have been scheduled at all on
Mondays. Their strict maintenance schedule keeps the fields to their
highest quality. It was a difficult decision. They are concerned about
the message it would send to organizations across the City who are
familiar with their strict policy. This is the first request for use of
the fields on Mondays in the last couple of years based on the fact that
the Department has been consistent in not allowing Monday use.
Council Member Ehrle. He feels there are exceptions. If the request
related to a regular League game or something of that nature, it would not
qualify. This is a championship series and he does not feel it would be
too much to ask for those two games to be played on two Monday evenings.
He asked Mr. Terpening if any funds were available in case the City would
have to bring in an extra crew to take care of the field - would Little
League then be able to reimburse the City any costs.
Mr. Terpening answered if they were reasonable costs he was sure they
could.
Mayor Pro Tem Ehrle. He asked Mr. Deven if he had thought about that.
Mark Deven. They would charge normal field preparation costs which he
believes are reasonable. They either charge no fees or direct cost
recovery. They will make sure the fees are reasonable if they have to
charge anything.
Council Member Pickler. He feels this request is warranted and it is an
exception. He would have to take a second look if the Department becomes
inundated with similar requests.
A vote was then taken on the foregoing motion to allow the two games to be
played on Monday, July 8th and July 15th. Council Member Hunter was
absent. MOTION CARRIED.
D1. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT,
CONDITIONAL USE PERMIT NO. 3353 AND MITIGATED NEGATIVE DECLARATION:
OWNER: CITY OF ANAHEIM, C/O R. ZUR SCHMIEDE, 300 South
Anaheim Boulevard, Suite 900, Anaheim, CA 92805
LOCATION/REQUEST: The property is approximately 14.54 acres
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
located on the south side of Sanderson Avenue and
approximately 400 feet south and west of the centerline of
Auto Center Drive.
Conditional Use Permit No. 3353: Portion B: (northeasterly
8.15 acres) to permit a German Social Club (Phoenix Club)
with a restaurant with on-premise sale and consumption of
alcoholic beverages, semi-enclosed restaurant with on-premise
sale and consumption of alcoholic beverages, a dance and
assembly hall, a picnic area, an air rifle and archery
shooting area, a manager's living quarters (to include
musician living quarters), a private school, amusement rides,
a beer garden area, a gift shop area, a soccer field, a
50 foot high maypole and 5 storage containers, with waiver of
minimum number of parking spaces and maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3353 GRANTED (PC91-56)
Waiver of code requirement APPROVED - adding parking
agreement prior to building permits.
Approved Mitigated Negative Declaration.
HEARING SET ON:
A letter of appeal was submitted by Newport Federal, Peter Paul Mendel,
Esquire, General Counsel and public hearing scheduled and continued from
the meeting of June 18, 1991 to this date. The public hearing portion of
the hearing was closed on June 18, 1991.
City Attorney White. The Council has before it tonight
for consideration and in connection with this matter
several documents, some of which were received at the
preceding meeting on June 18, 1991. They are - the
City staff report (see staff report to the Planning
Commission dated May 6, 1991), the record of the
Planning Commission proceedings and a letter from
Newport Federal dated June 18, 1991, all of which were
presented to the Council at the June 18, 1991 meeting.
Since that time, several additional documents have been
received. Also in front of the Council tonight, and
part of the record of this proceedings - a letter from
Newport Federal dated June 19, 1991 with an attachment,
responses that were prepared at the direction of City
staff to the Newport Federal letter of June 18, 1991
that have been provided by PBR dated June 21, 1991,
additional responses to the Newport Federal letter
prepared by Greer and Company dated June 24, 1991 and a
draft resolution and mitigation monitoring program in
connection with the project for Council consideration
this evening.
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
As indicated by the City Clerk and as the Council will
recall, the hearing on this matter was opened and
closed at the last Council meeting and continued for
the sole purpose of allowing staff to submit responses
to the environmental concerns raised in connection with
a letter submitted in opposition to the project. The
Council has also received and has before it tonight as
part of the record a letter from Newport Federal dated
June 19, 1991 which requests an opportunity for Newport
Federal to respond to the City's responses that, in his
opinion, would not be appropriate at this time. He
reiterated the hearing has been closed and the sole
purpose of tonight's proceedings is to incorporate the
City's responses to the initial concerns indicated by
the opposition and to take action on the matter.
Lisa Stipkovich, Executive Director of Community
Development, Rob Zur Schmiede, Property Services
Manager and John McClendon are present to provide
additional information to the Council if they so
desire.
Lisa Stipkovich. The City Attorney covered most of the
issues. Staff and the consultants have reviewed and
spent a tremendous amount of time reviewing the
issues. The responses that have been previously
submitted City staff believes adequately address all of
the concerns raised in the previous letter by Newport
Federal. She asked if John McClendon had any other
comments.
John McClendon. In looking over the responses prepared
by staff and the City's consultants, as noted from the
responses, they reference each environmental issue
raised by Newport Federal and discuss and analyze those
issues and point where the discussion is also analyzed
as to those issues in the expanded initial study. It
is staff's view that all environmental impacts have
been mitigated to the level of insignificance prior to
project approval. The resolution before the Council
increases the number of conditions and mitigation
measures proposed by the Planning Commission from 17 to
25. Briefly those are the expansion of Conditions
i and 2, the modification of Condition 6 as requested
by staff at the public hearing last week and the
addition of the second sentence in Condition 11 and the
addition of Condition 11 mitigation measures 16 through
21. These are added in order to have the resolution
track and impose upon the Phoenix Club the mitigation
measures which were called out specifically in the
expanded initial study.
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City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M.
ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: Council
Member Daly moved to approve a Mitigated Negative Declaration and adopt
the Mitigation Monitoring Program pursuant to Section 21081.6 of the
Public Resources Code on the basis that the project, with the mitigation
measures incorporated therein, will not have a significant effect on the
environment. Council Member Simpson seconded the motion. Council Member
Hunter was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 91R-214)
Council Member Daly moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. Council Member Hunter was
absent. MOTION CARRIED.
Council Member Daly offered Resolution No. 91R-214 for adoption, granting
Conditional Use Permit No. 3353 subject to City Planning Commission
Conditions. Refer to Resolution Book.
RESOLUTION NO. 91R-214: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3353 AND MAKING ENVIRONMENTAL
FINDINGS RELATING THERETO.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Simpson, Daly and Ehrle.
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: Hunter
The Mayor Pro Tem declared Resolution No. 91R-214 duly passed and adopted.
114. WORKSHOP - GROWTH MANAGEMENT PLAN: Council Member Daly. He would
like to ask staff to consider scheduling a future workshop on the City's
Growth Management Plan. There are a number of requirements that will soon
be upon the City from the Air Quality Management District and the County
in the area of growth management. Meanwhile the City has its own plan
which is being designed. He asked that staff schedule a brief workshop to
give the Council an update on the Growth Management Plan at a future date.
ADJOURNMENT: Council Member Ehrle moved to adjourn. Council Meraber Daly
seconded the motion. Council Member Hunter was absent. MOTION CARRIED.
(6:25 p.m.)
The next City Council meeting is scheduled for July 9, 1991.
LEONORA N. SOHL, CITY CLERK
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