1991/07/09City Hall, Anaheim, California - COUNCIL MINUTES - July 9, 1991, 5=00 P.M.
PRESENT:
ABSENT=
PRESENT=
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Simpson, Daly, Ehrle, Hunter (entered at 3:22)
COUNCIL MEMBERS: Pickler
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann Sauvageau
FIRE CHIEF: Jeff Bowman
ZONING ADMINISTRATOR: Annika Santalahti
SENIOR REAL PROPERTY AGENT: J. Richard Santo
ASSOCIATE PLANNER: Gregory McCafferty
PROPERTY SERVICES MANAGER: Robert Zur Schmiede
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 5:15 p.m. on July 3, 1991 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Pro Tem Ehrle called the workshop portion of the meeting of July 9, 1991
to order at 3=12 p.m.
129: PRESENTATION - ANAHEIM FIRE DEPARTMENT - LOCAL MOTION 9-1-1 ANTI DRUG,
ANTI GANG PROGRAM: Fire Chief Jeff Bowman. He first explained how the subject
program came about, how it was developed and its purpose. As to why the Fire
Department is involved in such a program, he explained it is difficult to
imagine how many types of calls the Department answers. The video which is an
integral part of the program shows the kinds of things Fire personnel are
exposed to on a daily basis. The busiest times for drug and alcohol related
calls are ThursdaY, Friday and Saturday nights. The video covers a Saturday
afternoon and evening. (Chief Bowman also submitted memorandum dated July 9,
1991 which briefed the program noting that the Fire Department for the past 18
months has been working in conjunction with the Anaheim Union High School
District to develop the program directed towards the seventh grade students.)
Council Member Daly left the Council Chamber because he had previously seen the
video and commented that it was an excellent vehicle (3:15 p.m.)
Mayor Hunter entered the Council Chamber (3~22 p.m.)
The 17 minute video was then shown which graphically depicted the results of
drug, alcohol abuse and drug-related violence - actual calls responded to by
the Fire Department.
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City Hallt Anaheimt California - COUNCIL MINUTES - July 9, 1991~ 5=00 P.M.
At the conclusion of the video, Chief Bowman answered questions posed by
Council Members. The video is only a part of the program. After showing it to
students at Junior High Schools, Fire personnel spend about 40 minutes on
questions and answers wherein-the students dialogue with the Paramedics.
Statistics have been developed on responses to the video in those schools where
it has been shown, the results of which are attached to the July 9, 1991 memo.
The Fire Department is also developing a 'handout' program. Several
presentations have been made to civic organizations. It has yet to be shown to
the Chamber of Commerce. Now that the Council has seen the video, he (Bowman)
will feel more comfortable in showing it to the rest of the community.
Council Members commended those involved in creating the program, those who
produced the video and all who were involved in bringing forth and carrying on
the program.
RECESS - 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.
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.
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.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 9. 1991. 5:00 P.M.
City Attorney White announced that there were also three additional items to be
discussed in closed session:
f. United States vs. Montrose Chemical Corporation, et al. U.S.D.C.
CV90-3122 (JRX).
g. Newport Federal Corporation vs. City of Anaheim, O.C.S.C.
No. X64-31-500.
h. To meet with its Real Property negotiator concerning the disposition
of certain real property located at the northwest corner of Weir Canyon
Road and East La Palma Avenue to Sanderson/J. Ray Development Company.
Council Member Hunter moved to recess to closed session.
seconded the motion. Council Member Pickler was absent.
was temporarily absent. MOTION CARRIED. (3:40 p.m.)
Council Member Ehrle
Council Member Daly
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present with the exception of Council Member Pickler. (5:40 p.m.)
INVOCATION: Pastor Marvin Jacobs, First Congregational Church, gave the
invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119. DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Chris Whorton,
recipient of the VSP award from ARCO Transportation for his outstanding
volunteer service. Mr. Whorton also donated $500 of this grant to Project
S.A.Y. for youth camperships. Mayor Hunter and Council Members personally
congratulated and commended Mr. Whorton on the prestigious award and also for
his generous donation to Project S.A.Y.
119. DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council and presented to Jamie Hirsch, recipient of the
Soroptimist of Buena Park Women of Distinction award. Jamie is also Deputy
Fire Marshall in the City of Anaheim. Mayor Hunter and Council Members
personally congratulated and commended Ms. Hirsch not only for receiving the
Woman of Distinction award but for her contributions to the quality of the
environment which led to the award.
119. DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council and presented to George A. La Rocque who is
retiring July 18, 1991, following 28 years and 6 months of service to the City
of Anaheim as a Fire Engineer. Mayor Hunter and Council Members personally
congratulated Mr. La Rocque, wished him a happy retirement and commended him
for his many years of service to the City of Anaheim and its citizens.
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City Hall. Anaheim. California - COUNCIL MINUTES - July 9, 1991, 5=00 P.M.
119. D~CLARATION OF RECOGNITION= A Declaration of Recognition was unanimously
adopted by the City Council and presented to Herman Siegmund, Member of the
City's Senior Citizen Commission for ten years and the American Association of
Retired Persons for 12 years. Mayor Hunter also read a Declaration unanimously
adopted by the Supervisors of Orange County recognizing Herman's many years of
service on the Orange County Council on Aging and on the State Senior
Legislative Committee. Mayor Hunter and Council Members personally
congratulated and commended Mr. Siegmund for his valuable contributions to the
community, to the City of Anaheim Senior Citizen Commission and for his many
years of service in County and State activities relating to Senior issues and
to the betterment of quality of life for the City's and County's Seniors.
MINUTES= Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,713,548.04 for the week
ending June 28, 1991 and $5,116,844.97 for the week ending July 5, 1991, in
accordance with the 1990/91 and 1991/92 budgets, were approved.
WAIVER OF READING - RESOLUTIONS AND ORDINANCE= The titles of the following
Resolutions and Ordinances were read by the City Manager. (Resolution Nos.
91R-215 through 91R-221, both inclusive~ Ordinance No. 5241 for adoption and
Ordinance No. 5242 for first reading).
Council Member Hunter moved to waive the reading in full of the resolutions.
Council Member Ehrle seconded the motion. Council Member Pickler was absent.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member
Hunter, seconded by Council Member Ehrle, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar~ Council Member Hunter
offered Resolution Nos. 91R-215 through 91R-221, both inclusive, for adoption.
Refer to Resolution Book.
Council Member Hunter also offered Ordinance No. 5241 for adoption and
Ordinance No. 5242 for first reading. 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 John Tabarae for bodily injury Bustained
purportedly due to actions of the City on or about April 14, 1991.
b. Claim submitted by Michael Keith for property damage sustained
purportedly due to actions of the City on or about May 27, 1991.
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City Hallt Anaheim, California - COUNCIL MINUTES - July 9t 1991t 5=00 P.M.
c. Claim submitted by Randy Pankey and Callette Curtis for bodily
injuries sustained purportedly due to actions of the City on or about March 19,
1991.
d. Claim submitted by Allstate Insurance Company, Carol V. Mancini
Insured, for property damage sustained purportedly due to actions of the City
on or about January 11, 1991.
e. Claim submitted by Streech Electric for indemnity sustained
purportedly due to actions of the City on or about May 14, 1991.
f. Claim submitted by Justina Yong for property damage sustained
purportedly due to actions of the City on or about January 27 and April 15,
1991.
g. Claim submitted by Daniel J. Morales for property damage sustained
purportedly due to actions of the City on or about February 28, 1991.
h. Claim submitted by Alfredo Napoli for property damage sustained
purportedly due to actions of the City on or about April 22, 1991.
i. Claim submitted by Zandra Kristie Conrad by her Guardian ad Litem,
Linda Jeanne Huiet and Linda Jeanne Huiet for bodily injury sustained
purportedly due to actions of the City on or about November 19, 1990.
j. Claim submitted by David Heady for bodily injury sustained
purportedly due to actions of the City on or about March 2, 1991.
k. Claim submitted by Dean Jaramillo for bodily injury sustained
purportedly due to actions of the City on or about December 9, 1990.
1. Claim submitted by Donald A. Boughter for property damage sustained
purportedly due to actions of the City on or about January 2, 1991.
m. Claim submitted by Gregory J. Peterson 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 Senior Citizens Commission
meeting held May 9, 1991.
105= Receiving and filing minutes of the Community Services Board meeting held
May 9, 1991.
105= Receiving and filing minutes of the Anaheim Public Library Board meeting
held May 22, 1991.
114= Receiving and filing Resolution No. 3947, from the City of Cypress,
opposing water company surcharges for reduced water consumption.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 9, 1991, 5:00 P.M.
A3. 175: Approving a Notice of Completion of the construction of the South
Inlet Control Valve Station at Walnut Canyon Reservoir by Walsh Engineering
Company, and authorizing the Mayor to sign and the City Clerk to file said
Notice of Completion.
A4. 150: Approving a Notice of Completion of the installation of HVAC system
at the Central Yard by Welt Construction, Inc., and authorizing the Mayor to
sign and the City Clerk to file said Notice of Completion.
A5. 150~ Approving a Notice of Completion of the renovation of Glover Stadium
Concession Stand by J.H. Rives Company, and authorizing the Mayor to sign and
the City Clerk to file said Notice of Completion.
A6. 150: Approving a Notice of Completion of the construction for the Pearson
Park Amphitheater Sound, Stage, and Lighting Improvements by J.H. Rives
Company, and authorizing the Mayor to sign and the City Clerk to file said
Notice of Completion.
A7. 150: Approving Contract Change Order No. 2, in the amount of $15,950 in
favor of Shibata Landscape, Inc., for irrigation renovations at Barton,
Brookhurst, Maxwell, and Pearson Parks.
AS. 176: RESOLUTION NO. 91R-215: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS
AND SERVICE EASEMENTS. (91-6A) (Between Lemon Street and Clementine Street,
one north of Broadway and one north of Harbor Place.) (Suggested public
hearing date August 6, 1991, 6:00 p.m.)
A9. 170: ORDINANCE NO. 5242 (INTRODUCTION): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM AMENDING CERTAIN SECTIONS OF CHAPTER 17.06 OF TITLE 17
OF THE ANAHEIM MUNICIPAL CODE RELATING TO GRADING IN HILLSIDE AREAS.
Al0. 172: Continuing the Negative Declaration to be considered with the
public hearing on Cardinal Street (Crowther Avenue) street closure,
City Council meeting of July 16, 1991.
All. 123: Approving a Third Amendment to Agreement with Norman Weinraub, dba
City Window Cleaners to include additional services at the 'Dad' Miller Golf
Course clubhouse and increase the annual rate from $749.09 to $1,310.40 for
window cleaning services.
A12. 153: RESOLUTION NO. 91R-216: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE HOSPITAL AND
SERVICE EMPLOYEE UNION, LOCAL 399 AND THE CITY OF ANAHEIM.
(Post Retirement Survivor Allowance.)
A13. 153: RESOLUTION NO. 91R-217: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE GENERAL TRUCK
DRIVERS UNION, LOCAL 952 AND THE CITY OF ANAHEIM. (Post Retirement Survivor
Allowance.)
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City Hallt Anaheimt California - COUNCIL MINUTES - July 9. 1991. 5:00 P.M.
A14. 123= Approving First Amendments to Agreements with Anthony and
Langford, Willdan and Associates and Harris and Associates for continued master
consultant services (design and development of capital projects) for the
Department of Parks, Recreation and Community Services.
A15. 123= Approving an agreement with the Orange County Health Services
Agency, from July 1, 1991 through June 30, 1992, in an amount not to exceed
$731,663 in fiscal year 91/92 for animal control services and authorizing the
Mayor and City Clerk to execute said agreement for the City.
A16. 123= Approving the Second Amended Joint Exercise of Powers Agreement of
the Orange County-City Hazardous Material Emergency Response Authority for the
reduction of fees for participants.
A17. ~23= RESOLUTION NO. 91R-218= A RESOLUTION OF THE CITY OF ANAHEIM
AUTHORIZING THE ANAHEIM REDEVELOPMENT AGENCY TO ADOPT AND ADMINISTER A MORTGAGE
CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE,
AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE
FOR AN ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES, ASSIGNING
SUCH ALLOCATION TO THE REDEVELOPMENT AGENCY AND AUTHORIZING THE TRANSFER OF
SUCH ALLOCATION TO THE COUNTY OF ORANGE.
Al8. 123= Authorizing the Mayor to execute a letter of endorsement for 175
Housing Certificates and Vouchers under the Section 8 Housing Assistance
Payments Program.
Al9. 123= RESOLUTION NO. 91R-219= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT MASTER SUBGRANT
AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA FOR THE
PERIOD OF JULY 1, 1991, THROUGH JUNE 30, 1992.
A20. 123= Approving an Agreement with Orange County Center for Health, in the
amount of $80,000 to carry out seismic improvements to their facility located
at 503 North Anaheim Boulevard, and authorizing the Mayor and the City Clerk to
execute said Agreement for the City.
A21. 152= Designating James D. Ruth, City Manager, or designee, for the City
on the CC&R Committee for Koll Anaheim Center.
A22. 179= Scheduling a public hearing to consider the termination of
Conditional Use Permit Numbers 1703, 2525, and 3052 pursuant to the provisions
of the Anaheim Municipal Code, Sections 18.03.091 and 18.03.092.
George Adams, Orange County Steel Salvage/Adams International Metals, Inc.
requested to speak and ask first to hear from John Poole, the City's Code
Enforcement Manager.
Mayor Hunter explained this was not a public hearing but whether to set a date
for one, the suggested date being August 13, 1991.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 9, 1991, 5:00 P.M.
George Adams. Three weeks ago the Council moved to allow him three additional
weeks to clear up any misunderstanding with staff. Ail of the issues have been
complied with one hundred percent. To set a hearing to consider revoking a
Use Permit is very serious. Code Enforcement makes a daily inspection of the
property. Staff's concerns have been adequately protected. The hearing is to
consider termination of the Use Permits for non-compliance but, in his opinion,
he has complied fully. It is impossible to move ahead in clearing the site
when he is fighting to stay in business. If changes need to be made, they can
be addressed in the new application. To set a hearing to remove the Use Permit
is inappropriate.
City Attorney White clarified that the hearing would be to consider either
revocation or modification.
At the conclusion of the consent calendar, the Council acted to set a public
hearing on the matter for August 13, 1991.
A23. 149: ORDINANCE NO. 5241 - ADOPTION: 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.
(Introduced at the meeting of June 25,-1991.)
A24. 158: RESOLUTION NO. 914-220: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A25. 123: Approving an Agreement with Donald H. Maynor, Esquire for legal
services in connection with franchises.
A26. 000: RESOLUTION NO. 91R-221: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REVISING CERTAIN POLICIES AND FEES TO BE CHARGED FOR CITY-WIDE
PARK AND RECREATION PROGRAMS AND SERVICES, ESTABLISHING SEPTEMBER 1, 1991 AS
THE EFFECTIVE DATE THEREOF AND RESCINDING CERTAIN RESOLUTIONS ESTABLISHING
PREVIOUS FEES.
A27. 101: Authorizing the Director of Public Works to negotiate contract
change orders with HuntCor, Inc., in an amount not to exceed $3,385,000 for
building improvements for the Anaheim Arena, and authorizing an expenditure of
$2,700,000 for the building improvements.
Roll Call Vote (Resolution Nos. 91R-215 through 91R-221, both inclusive and
Ordinance No. 5241.)
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Ehrle and Hunter
None
Pickler
The Mayor declared Resolution Nos. 91R-215 through 91R-221, both inclusive,
duly passed and adopted and Ordinance No. 5241 duly passed and adopted.
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City Hallr Anaheim. California - COUNCIL MINUTES - July 9. 1991, 5=00 P.M.
End of Consent Calendar. MOTIONS CARRIED.
A28. 123: SETTLEMENT AGREEMENT AND MUTUAL RELEASE - ENVIRONMENTAL SEALr
INC.: Submitted was report dated July 9, 1991 from Rob Zur Schmiede, Property
Services Manager, recommending approval of the Settlement Agreement and Mutual
Release with Environmental Seal, Inc., and authorizing the City Manager or his
designee to execute same.
City Manager Ruth explained this was an added item to the agenda.
MOTION: Council Member Hunter moved to approve the subject Settlement
Agreement and Mutual Release authorizing the City Manager or his designee to
execute the Agreement and any other documents which may be necessary to
implement its terms. Council Member Ehrle seconded the motion. Council Member
Pickler was absent. MOTION CARRIED.
116: STRATEGY TO ADDRESS GANG AND DRUG EPIDEMIC= Mayor Hunter asked for a
show of hands of those in the Chamber audience from the Orange County
Congregation of Community Organizations (OCCCO)= a large group of people
raised their hands.
Mayor Hunter thereupon moved to direct the City Manager to gather ideas from
all Department Heads and to develop a detailed strategy in the next 90 days to
address the gang and drug epidemic in the City. The strategy is to include
costs, necessary personnel and implementation time lines and also asking that
the City Manager give the Council monthly progress reports on the strategy.
Council Member Daly seconded the motion.
Before a vote was taken, Mayor Pro Tem Ehrle stated he feels that it is
appropriate to have a spokesman address the Council relative to the issue.
Council Members have met with the group individually indicating support to do
whatever is possible to combat gangs and drugs.
Diane Home, 607 North Chippewa, Anaheim. She thanked the Mayor and Council
Members for their leadership role in the strategy to develop a positive future
for the youth and families in Anaheim.
Rod Jimenez, 844 Taffolla, Placentia. He is extremely concerned about the gang
and drug situation and has been working diligently with the Police Chief and
Council in Placentia. He commends the Anaheim City Council and hopes that
other cities will follow suit. The County and all incorporated cities should
take steps to do something. Communities must galvanize and get together to rid
their communities of gangs.
Mayor Hunter. He believes they can turn the tide on the #epidemic" but that it
takes community involvement. The number one function of government is to
protect the health, safety and welfare of the citizens of the community. The
Council just instituted a Utility Users' Tax and are hoping to legally earmark
a portion of the funds to combat gangs and drugs - priority issues in the
country today. He thanked everyone present concerning these important issues
for coming to the meeting this evening.
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City Hallt Anaheim, California - COUNCIL MINUTES - July 9, 1991t 5=00 P.M.
Council Member Daly. Community involvement iea key factor. Earlier in the
meeting, Christopher Whorton received a commendation for having made a major
donation to Project S.A.Y. (Save A Youth) - an excellent program that needs a
lot of help from the community private sector. Two other programs that need
community support - the Boys and Girls Club which needs a permanent home in the
heart of the City, as well ae support for the DARE Program. The Council
appreciates the concern expressed and needs the help of the community.
Council Member Ehrle. He referred to the video and presentation by the Fire
Department at the 3=00 p.m. workshop on the Local Motion 9-1-1 Program. It was
reported that last month alone there were 12,000 calls to 9-1-1. A percentage
of the Utility Users' Tax ks intended to be used for more police, paramedics
and fire fighters. The user fee is needed not just because of the shortfall
but also to make a positive impact in fighting crime and drugs in the
community. The Council needs community support in this regard.
RECESS= By general consent the Council recessed for five minutes. (6:25 p.m.)
AFTER RECESS= The Mayor called the meeting to order all Council Members being
present with the exception of Council Member Pickler. (6=33 p.m.)
ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF JUNE 17t 1991 -
INFORMATION ONLY - APPEAL PERIOD ENDS JULY 9t 1991.
B1. 179= ENVIRONMENTAL IMPACT REPORT NO. 273 {PREVIOUSLY CERTIFIED)~ AMENDMENT
TO SPECIFIC PLAN NO. 87-1~ DEVELOPMENT AREAS 1, 7~ AND 11 AND ORDINANCE NOS.
4860 AND 4861 (CONDITION NOS. 3 AND 5}=
OWNER= PRESLEY OF SOUTHERN CALIFORNIA, ATTENTION= STEVEN K.
RIC~S, 19 Corporate Plaza, Newport Beach, California 92660.
LOCATION= Development Area i consists of approximately 137.5
acres generally bounded by the East Hills Planned Community to the
north, Sycamore Canyon Develo~nent Areas i and 3 to the east, The
Highlands at Anaheim Hills Development Areas 2 and 3 to the south
and the Deer Canyon Open Space Area to the west; Development Area
7 consists of approximately 30.02 acres generally bounded by The
Highlands at Anaheim Hills Development Area 6 to the north and
west, The Highlands at Anaheim Hills Development Area 8 to the
east and The Highlands at Anaheim Hills Development Area 10 to the
south; Development Area 11 consists of approximately 26.2 acres
generally bounded by The Summit of Anaheim Hills Development Area
101 to the northeast, The Highlands at Anaheim Hills Develogment
Area 12 to the south, and the Highlands at Anaheim Hills
Development Areas 8 and 10 to the northwest.
The request is for an amendment to Ordinance No. 4860 pertaining
to The Highlands at Anaheim Hills Specific Plan
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City Hall. Anaheim. California - COUNCIL MINUTES - July 91 19911S:00 P.M.
(SP87-1) Development Areas 1, 7 and 11 Methods and Procedures for
Specific Plan Implementation (SP87-1 Code Section 18.70.030) to
permit administrative review and approval of custom homes within
Development Area i and to allow the processing of parcel maps
prior to site plan approval for Develo~nent areas 7 and 11; and
for an amendment to Ordinance No. 4861, Condition Nos. 3 and 5,
which require submission of precise plans prior to the submittal
of tentative tract maps and tentative parcel maps for Development
areas 7 and 11.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to Specific Plan No. 87-1 GRANTED (PC91-81)
Environmental Impact Report No. 273 {Previously Certified)
APPROVED.
This item was previously set for a public hearing since it involves a proposed
amendment to the Specific Plan.
B2. 155: ENVIRONMENTAL IMPACT REPORT NO. 273 {PREVIOUSLY CERTIFIED}~
AMENDMENT TO SPECIFIC PLAN NO. 87-1~ ORDINANCE NO. 4861 {CONDITION NO. 43):
OWNER: PRESLEY OF SOUTHERN CALIFORNIA, 19 Corporate Plaza,
New~ort Beach, California 92660.
LOCATION: The property (The Highlands at Anaheim Hills Specific
Plan (SP87-1) Park Site) consists of approximately 6 acres
generally bounded by The Highlands at Anaheim Hills Development
Areas 9 and 10 to the north, Serrano Avenue to the southeast, The
Highlands Road to the northwest and further described as The
Highlands at Anaheim Hills Specific Plan (SP87-1) Park Site
(Specific Plan document Exhibit No. 11A).
The request is for an amendment to Ordinance No. 4861 (Condition
No. 43) pertaining to the completion date of the proposed 67 acre
park site.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to Specific Plan No. 87-1 GRANTED (PC91-82)
Environmental Impact Report No. 273 (Previously Certified)
APPROVED.
This item was previously set for a public hearing since it involves a proposed
amendment to the Specific Plan.
B3. 179: CONDITIONAL USE PERMIT NO. 2473 FOR AMENDMENT TO CONDITIONS AND
MITIGATED NEGATIVE DECLARATION:
OWNER: WEST ANAHEIM COMMUNITY HOSPITAL, DBA HUMANA HOSPITAL,
ATTENTION: JOHN ~ANSHAW, EXECUTIVE DIRECTOR, 3033 West Orange
Avenue, Anaheim, California 92804
LOCATION: 3033 West Orange Avenue. Property is approximately 9.2
acres located at the northwest corner of Orange Avenue and Beach
Boulevard.
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City Hall, Anaheimt California - COUNCIL MINUTES - July 9, 1991t 5=00 P.M.
The request is for an amendment to the conditions of approval of
Conditional Use Permit No. 2473 pertaining to a reciprocal parking
requirement on the south side of Orange Avenue and the requirement
to provide additional parking in the event a traffic study so
warrants.
ACTION TAKEN BY THE PLANNING COMMISSION=
Conditional Use Permit No. 2473 GRANTED (PC91-83).
No action taken on the Negative Declaration.
B4. 155= ENVIRONMENTAL IMPACT REPORT NO. 305. WAIVER OF CODE REOUIREMENT.
CONDITIONAL USE PERMIT NO. 3423f TENTATIVE PARCEL MAP NO. 85-159=
OWNER= CITY OF ANAHEIM, C/O ROBERT ZUR SCHMIEDE, 300 South Harbor
Boulevard, Suite 900, Anaheim, California 92805
AGENT= CULBERTON, ADAMS, AND ASSOCIATES, 85 Argonaut, Suite 220,
Aliso Viejo, California 92656
LOCATION= Property is approximately 12.39 acres located at the
northwest corner of Weir Canyon Road and La Palma Avenue.
To permit a Con~nercial/Retail Center with building heights in
excess of 35 feet, and a service station and a freestanding
drive-through restaurant with waiver of minimum landscaped
setbacks and minimum structural setback~ to establish a 5-lot
commercial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION=
Conditional Use Permit No. 3423 GRANTED (PC91-84)
Waiver of code requirement APPROVED (waiver 'A'= change
structural setback to meet the minimum of 60 feet on Weir Canyon.
Tentative Parcel Map no. 85-159 continued indefinitely.
Environmental Impact Report No. 305 APPROVED.
This item is set for public hearing on today's agenda, Item D6.
BS. 179= CEQA NEGATIVE DECLARATION {PREVIOUSLY APPROVED}~ WAIVER OF CODE
REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3363=
OWNER= CANYON WEST AND VINEYARD MINISTRIES, 333 East Cerritos
Avenue, Anaheim, California 92805
AGENT= PHILLIP SCHWARTZE, 27132-B Paseo Espada, Suite 1222, San
Juan Capistrano, California 92675
LOCATION= 5400-5340 East La Palma Avenue. Property is
approximately 16.8 acres located on the south side of La Palma
Avenue and approximately 141 feet west of the centerline of
Brasher Street.
To permit a school use in addition to a prevlously approved
church, and to amend the conditions of approval pertaining to
limitations on the duration of churches in the Canyon Industrial
Area as authorized by Ordinance No. 5224 with waiver of minimum
number of parking spaces.
426
City Hall~ Anaheim, California - COUNCIL MINUTES - July 9, 1991~ 5=00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION=
Conditional Use Permit No. 3363 GRANTED (PC91-85)
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B6. 179= WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3409 AND
NEGATIVE DECLARATION=
OWNERs ~OVIND BHJAKTA AND SUMATI, 3351 West Lincoln Avenue,
Anaheim, California 92806
AGENT: D. W. KIMMEL, 1142 North Brookhurst, $126, Anaheim,
California 92806
LOCATION: 3351 West Lincoln Avenue. Property is approximately
0.71 acre located on the north side of Lincoln Avenue and
approximately 975 feet east of the centerline of Knott Street.
To permit a 24-unit addition to an existing 18-unit motel with
waiver of maximum structural height and minimum open setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 4309 GRANTED (PC91-86)
Waiver of code requirement APPROVED.
Approved Negative Declaration.
At the request of Council Members Pickler and Daly, a public hearing will be
scheduled at a later date.
B7. 179= CONDITIONAL USE PERMIT NO. 3420t CONDITIONAL USE PERMIT NO. 3081 AND
NEGATIVE DECLARATION=
OWNER= DOUG SOON PARK, 2712 Wyckersham, Fullerton, California
92633.
AGENT: STEVE LALLY, 2111 Business Center Drive, Suite 100,
Irvine, California 92715
LOCATION= 1523 West Katella Avenue. Property is approximately
0.57 acre located at the northeast corner of Katella Avenue and
Bayless Street.
To permit a convenience market and request for an amendment to the
conditions of approval pertaining to hours of operations.
ACTION TAKEN BY THE PLANNING COMMISSION=
Conditional Use Permit No. 3420 GRA/~TED (PC91-87)
Conditional Use Permit No. 3081 GRANTED (PC91-88)
Hours of operation to be 7:00 a.m. to 9=00 p.m. with one hour to
close (closing time to be 10=00 p.m.)
Approved Negative Declaration.
B8. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3421 AND
NEGATIVE DECLARATION:
OWNERs ANDREW Y. LUI, 500 North Brookhurst Avenue, Anaheim,
California 92801
427
City Hallr Anaheim, California - COUNCIL MINUTES - July 9, 1991, 5:00 P.M.
LOCATION= 500 North Brookhurst Avenue. Property is approximately
1.2 acres located at the northeast corner of Alameda Avenue and
Brookhurst Street.
To permit a public dance hall with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3421 GRANTED, for one year (PC91-89)
Waiver of code requirement APPROVED.
Negative Declaration APPROVED.
BP. 179~
RECLASSIFICATION NO. 90-91-28 AND NEGATIVE DECLARATION:
INITIATOR: CITY OF ANAHEIM PLANNING COMMISSION, 200 South Anaheim
Boulevard, Anaheim, California 91805
LOCATION: 300 North Anaheim Boulevard. Property is approximately
0.15 acre located on the northeast corner of Anaheim Boulevard and
Cypress Street.
Change from CG (Commercial General) Zone to the CL (Commercial,
Limited) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION=
Reclassification No. 90-91-28 GRANTED (PC91-90)
Approved Negative Declaration.
ITEM B10 FROM THE PLANNING COMMISSION MEETING OF JULY lr 1991 - INFORMATION
ONLY - APPEAL PERIOD ENDS JULY 11. 1991:
B10. 170:
TENTATIVE TRACT MAP NOS. 12686~ 12687~ 12688 - EXTENSION OF TIME:
REQUESTOR: PRESLEY OF SOUTHERN CALIFORNIA
LOCATION: The Highlands at Anaheim Hills Specific Plan (SP87-10
(Development Areas 2, 4 and 5).
ACTION TAKEN BY THE PLANNING COMMISSION:
Request for extension of time on Tentative Tract Map Nos. 12686,
12687 and 12688 APPROVED.
End of the Planning Commission Items.
ITEMS OF PUBLIC INTEREST:
NO items of public interest were addressed.
Chairman Hunter reconvened the Redevelopment Agency meeting (6:34 p.m.), all
Agency Members being present with the exception of Agency Member Pickler.
D1. 123: JOINT PUBLIC ~ARING - REDEVELOPMENT AGENCY/CITY COUNCIL: To
consider the approval of the Disposition and Development Agreement with
Sanderson J. Ray Development, a California General Partnership, which
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City Hallt Anaheimt California - COUNCIL MINUTES - July 9t 1991~ 5:00 P.M.
provides for revised terms and conditions for the sale and development of
certain real property located within the River Valley Redevelopment Project
Area.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 21, 1991.
City Clerk Sohl announced there is a recommendation from staff that the Item be
withdrawn at this time.
By General Council/Agency consent, this Item - Joint Public Hearing between the
Redevelopment Agency and the City Council to consider approval of the
Disposition and Development Agreement with Sanderson J. Ray Development - was
withdrawn. No further action was taken.
ADJOURNMENT: Agency Member Hunter moved to adjourn. Agency Member Ehrle
seconded the motion. Agency Member Pickler was absent. MOTION CARRIED.
p.m.)
(6:30
D2. 176: PUBLIC HEARING - ABANDONMENT NO. 91-7A: In accordance with
application filed by The City of Anaheim public hearing was held on the
proposed abandonment of certain easements for electrical, sewer and water
purposes located generally south of Sanderson Avenue, east of the Orange
Freeway (Route 57) pursuant to Resolution No. 91R-168 duly published in the
Anaheim Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated June 4, 1991 was submitted recommending
approval of said abandonment.
Mayor Hunter asked if anyone wished to address the Council on the proposed
abandonment; there being no response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Hunter, seconded by Council Member Ehrle, the City Council determined
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 Environmental Impact Report. Council Member Pickler was absent.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following Resolution was read
by the City Clerk. (Resolution No. 91R-222)
Council Member Hunter moved to waive the reading in full of the Resolution.
Council Member Ehrle seconded the motion. Council Member Pickler was absent.
MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-222 for adoption approving
Abandonment No. 91-7A. Refer to Resolution Book.
429
City Hallt Anaheimt California - COUNCIL MINUTES - July 9~ 1991~ 5=00 P.M.
RESOLUTION NO. 91R-222~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ABANDONING THOSE CERTAIN EASEMENTS FOR ELECTRICAL, SEWER, AND WATER
PURPOSES LOCATED GENERALLY SOUTH OF SAHDERSON AVENUE, EAST OF THE ORANGE
FREEWAY (Route 57).
Roll Call Vote:
AYES:
NOES=
ABSENT=
COUNCIL MEMBERS~
COUNCIL MEMBERS=
COUNCIL MEMBERS=
Simpson, Daly, Ehrle and Hunter
None
Pickler
The Mayor declared Resolution No. 91R-222 duly passed and adopted.
D3. 179~ PUBLIC HEARING - WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT
NO. 3403 AND NEGATIVE DECLARATION=
OWNER= FRANK AND SARAH MINISSALE, 111 South Mohler Drive,
Anaheim, California 92807
AGENT: THOMAS KIEVIET, 100 South Anaheim Boulevard, ~310,
Anaheim, California 92807
LOCATION/REQUEST~ The property is located at 111 South Mohler
Drive and is approximately 1.2 acres located at the southwest
corner of Santa Ana Canyon Road and Mohler Drive.
The request is to permit a pre-school for up to 240 children with
waiver of minimum landscaped setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3403 DENIED (PC91-60)
Denied Negative Declaration.
HEARING SET ON=
A letter of appeal was submitted by the Agent for the Applicant, Farano and
Kieviet and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET
Publication in Anaheim Bulletin June 27, 1991
Mailing to property owners within 300 feet - June 26, 1991
Posting of property June 28, 1991
STAFF INPUTs
See staff report to the Planning Commission dated May 6, 1991.
APPLICANT'S
STATEMENT=
Thomas Kieviet, 100 South Anaheim Boulevard, Agent for the
property owners. The proposal is for a child care facility for up
to 240 children on one and one half acres. The building area is
almost 13,000 square feet with a playground area of approximately
24,000 square feet. According to the guidelines established by
the Community Care Licensing Division of the Department of Social
Services, both square footages would more than adequately allow up
to 240 children. There are two basic proposals as shown on the
posted site plans. One provides for a single ingress and
430
City Hallt Anaheimt California - COUNCIL MINUTES - July 9. 1991. 5:00 P.M.
egress route with a cul de sac on-site and the second is providing
for a double driveway. From a traffic standpoint, the City
Traffic Engineer favors the double driveway arrangement because it
allows for better circulation internally and externally. The plan
proposes to have 39 parking spaces on-site. There have not been
any concerns expressed by the Traffic Engineer with respect to
parking. He then briefed the Council on those elements they feel
would warrant placement of the day care center at the proposed
location. Circumstances at the location have changed from that of
five or six years ago when a Kinder Care facility was rejected by
the Planning Commission because of traffic and safety concerns.
Child care needs in Anaheim have also changed.
Mr. Kieviet thereupon submitted to the Council a data sheet -
'Anaheim Child Care Information' (made a part of the record) which
he briefed comparing population, number of child care facilities
and child care spaces west and east of the 55 Freeway and also
some combined figures. (A map was posted on the Chamber wall and
yellow and blue dots were used to show the location of child care
facilities east and west of the 55 Freeway.)
The data clearly shows that the bulk of child care facilities at
this time are west of the 55 Freeway but that almost 30 per cent
of the population is east of the 55 with only 13 per cent of the
total child care spaces. The indications are that major growth is
going to be east of the 5S Freeway where their child care facility
is being proposed. The intersection of Mohler Drive and Santa
Ana Canyon Road has been further developed since the time of the
previous proposal for a child care facility so as to minimize
traffic congestion. They are not asking for any waiver as did the
previous facility. The site is not conducive to ready residential
development. It is an ideal site for day care since it is
adjacent to another institutional type use and will not interfere
with the residential area around it. Larry Greet, Traffic
Engineer, Greet and Company, is present tonight as well as the
property owner who would like to make statements. He then
submitted a petition with 13 signatures from residents in the area
indicating they do not oppose the project (made a part of the
record).
Larry Greet, 2323 West Lincoln, Greet and Company. He briefed his
detailed traffic evaluation report dated July 8, 1991 (previously
made a part of the record) which in the final analysis concluded,
'...the child care facility will generate nominal traffic volume.
The peak periods of activity will occur between 7:00 and 8:00 a.m.
and 4:30 and 6:00 p.m. Traffic from the child care facility will
not generally conflict with the Junior High traffic with only some
overlap between 7:50 and 8:00 a.m. in the morning at a
431
City Hall, Anaheim, California - COUNCIL MINUTES - July 9, 1991. 5:00 P.M.
time when the child care traffic has dissipated. The child care
facility is not expected to generate any significant traffic
impact."
Relative to site access, he recommends the two driveway concept
with the second driveway being a secondary driveway permitting
right turns in only with no exiting or left turns on the
northbound approach to that driveway.
Mr. Frank Minissale, property owner, 111 South Mohler Drive. He
gave the historical background of the property and what has been
proposed on it since he has owned it. He referred to the petition
that was submitted where he got all the names of the people within
the area to sign his petition. Out of those, 85 per cent signed
that they did not object, 10 per cent refused to sign and 5 per
cent were absentee landlords. He does not see why somebody else's
petition should carry more weight than his especially since his
was within the Conditional Use Permit zone (within the radius of
the mailing for the public hearing) and all the others were far
removed from the area. The 13 signatures are people that are not
listed on the CUP zone but were in close proximity. He could get
20 or 30 more signatures right in the area. Those opposed are
requesting that he build homes on the property. He then briefed
the Council on the houses that were built in the area but did not
sell. It is easy for people to tell a property owner what to do
when they do not live there themselves.
Mayor Hunter opened the public hearing.
PUBLIC DISCUSSION IN OPPOSITION:
Phil Joujon Roche, spokesperson for Santa Ana Canyon Property
Owners Association (SACPOA), 450 Via Vista, the Mohler Drive
area. The characteristic of the neighborhood has been established
and the residents would like to see the low density residential
character of the neighborhood maintained. They have looked at and
studied the proposed project. There is going to be added traffic
with 500 trips a day. The driveway arrangement will not mitigate
that. There is already a Junior High School at the location.
There is a concern for the safety of the children. There is a
need for child care in the area. There are large commercial
centers on Santa Aha Canyon Road to the east and west of the site
where child care centers could be located. It is a problem area.
They would like to see a proposal for RH-22,000. 1.5 acres would
support three lots. There are lots on Santa ana Canyon Road of
that type of housing and even one acre lots in Peralta Hills on
Santa Ana Canyon Road. Being on Santa Aha Canyon Road is not a
detriment to building a quality residential home. For the reasons
stated, SACPOA would not support a day care center at the subject
location but would
432
City Hall, Anaheimt California - COUNCIL .MINUTES - July 9, 1991t 5=00 P.M.
like to see residential in keeping with the character of the
neighborhood as it is now.
Katherine Andrus, 1050 South Mohler, approximately 200 feet from
Mr. Minissale's home where she has lived for 17 years. They never
saw the petition Mr. Minissale circulated. She would like to see
the names on the petition. Mr. Doti who lives in the vicinity
wrote a letter stating it is not a discussion of whether or not
there is a need for a day care center in the community but
maintaining their rural atmosphere and low density housing as was
decreed by the resolution passed by the Council in 1970. She
urged the Council to uphold the action taken by the
Planning Commission to deny the development of the property to any
commercial development at all and to encourage the maintenance of
the residential area and change it to RH-22,000.
Rod Agajanian, 120 South Mohler. He has spoken with Mr.
Minnasale. When he moved into his house he had a lot of work to
do. He is enjoying the neighborhood the way it is. The only time
he does not enjoy it is in the morning and evening peak traffic
hours. If the day care is permitted, traffic will be worse. He
told Mr. Minissale that he was opposed to the use of the property
for a day care center.
Bob Drury, 10 Corporate Park, Irvine. He is the owner of the
shopping center presently under construction at Weir Canyon and
Serrano. By virtue of the number of proposals they have received
from day care centers who would like to locate in their shopping
center, it appears there £s a strong need for day care in that
area. They are intending to go forward on some basis within the
next couple of weeks with City and Planning staff to explore
whether or not they can accommodate that use in their center. He
is not sure Zoning allows it presently. His comment is that he
believes these types of uses should be restricted to areas that
can accommodate the traffic and noise and other concerns without
impacting residential such as a retail shopping center that is
built to supply the circulation and parking necessary.
PUBLIC DISCUSSION IN FAVOR: None
SUMMATION BY
APPLICANT:
Tom Kieviet. The site fronts a major arterial highway. It would
not interfere with the rural residential atmosphere in that area.
There is already a Junior High School at that location and the
child care facility would just be an additional similar type use
in the same location. The facility is not being proposed within
the residential area up in the hills. People would be driving
down the street or across the intersection in any case. They can
merely drop
433
City Hallf Anaheimr California - COUNCIL MINUTES - July 9r 1991~ 5=00 P.M.
off children without interfering with the residential neighbors up
the hill. As far as locating day care facilities in shopping
centers, they do not offer large outdoor areas where children can
play. The proposed facility will be more conducive to major child
rearing principles. Their traffic expert has indicated this will
not create an additional traffic impact in the area concurred in
by the City's Traffic Engineer. The use will not unduly interfere
with the area and will be well received from many residents who
need the kind of service it will provide.
Frank Minissale. He has owned the property for 34 years. The
original Master Plan called for a shopping center. A subsequent
Master Plan redesignated the area. It was indicated his property
is the same as other properties where nice homes are being
built. Those properties are not next to a school where from the
hill the kids throw everything down into his property. Three
major firms have tried to sell his property without any success.
Everyone says the same thing - it is too near the Junior High
School. It is a commercial property. His lot is flat and level.
He would like to know who isolated the property with the zoning
that is on it - residential zoning - when the entire two blocks
is all commercial. It is spot zoning and, in his opinion, it is
illegal.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Mayor Pro Tem Ehrle. There is a great need for day care centers especially in
Anaheim Hills. The property is residential and it leads into some of the nicer
homes in Anaheim Hills, it is a gateway. Custom homes have been built on Santa
Ana Canyon Road. Homes will sell on the subject property at some price. A day
care center will increase traffic on Mohler Drive. The corner is a hard piece
to develop. Perhaps there has to be some give and take on the Council and with
the neighbors that would allow Mr. Minissale 10 or 12,000 square foot lots so
he can build five nice homes. He would support something of that nature, or a
church. There is a need for day care facilities but not on that particular
piece of property.
Council Member Daly. He agrees with many things Council Member Ehrle said. He
feels similar to perhaps considering 10,000 square foot lots, that a day care
center could be justified if there were sufficient setbacks and landscape
buffers away from Mohler Drive and nearby residential and if the size were
reduced. 240 children would be the largest day care center in Anaheim. A
small day care center might make more sense. Traffic would be reduced. It
would be next to a school and day care centers work well next to schools. He
would be willing to consider a small center on the site. The property owner
needs to work more with the neighborhood to try to fine tune the way he is
going to lay
434
City Hall, Anaheim, California - COUNCIL MINUTES - July 9, 1991, 5=00 P.M.
out the buildings and landscaping. With enough additional landscaping
especially along Mohler, reduced building size and perhaps two thirds or one
half the children, it could be a good day care center which will not hurt the
neighborhood and fill the need in the area.
Mayor Hunter. It is an isolated piece of property. He has empathy with Mr.
Minissale who has been at the location long before anyone else. It is a very
difficult piece of property. The owner needs to work closely with the
neighborhood. He (Hunter) has received many calls last week, last night and
this morning and many people are in favor because there is such a desperate
need for child care facilities in the area. The answer lies in communicating
with the area before any project comes through the Planning Commission and
ultimately to the City Council if necessary not that that alone should dictate
what a property owner should put on this property. He does not believe that
the project before the Council today turned down by the Planning Commission 7-0
is the answer. All the Council can do is give food for thought as to what
otherwise might go on the property that would be amenable to the people who
live there.
Council Member Simpson. It is clear the Council does not agree with the
proposed day care facility. He does not believe it is the right use for the
property. He has taken the time to sit at that intersection. It will
contribute to the existing traffic.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Ehrle, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. Council Member Pickler was absent.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-223)
council Member Hunter moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. Council Member Pickler was absent.
MOTION CARRIED.
council Member Hunter offered Resolution No. 91R-223 for adoption, denying
Conditional Use Permit No. 3403. Refer to Resolution Book.
RESOLUTION NO. 91R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3403.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Ehrle and Hunter
None
Pickler
The Mayor declared Resolution No. 91R-223 duly passed and adopted.
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City Hall, Anaheimr California - COUNCIL MINUTES - July 9r 1991t 5=00 P.M.
D4. 134= PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 321 AND NEGATIVE
DECLARATION=
OWNER= CITY OF ANAHEIM, 200 South Anaheim Boulevard, Anaheim,
California 92805.
LOCATION= Subject park designation is located within the
Con~ercial Recreation area located in proximity to the northwest
corner of Free~man Way and Clementine Street. A City-initiated
~mendment to the City of Anaheim General Plan to delete a
neighborhood park site designation in the Com~ercial Recreation
area from the General Plan Land Use map.
ACTION TAKEN BY THE PLANNING COMMISSION=
General Plan Amendment No. 32 GRANTED (PC91-71)
Approved Negative Declaration.
HEARING SET
A public hearing is necessitated by the request for a General Plan Amendment.
PUBLIC NOTICE REQUIREMENTS MET BY=
Publication in the Anaheim Bulletin June 27, 1991
Mailing to property owners within 300 feet - June 26, 1991
Posting of property June 28, 1991
PLANNING STAFF INPUT=
See staff report to the Planning Commission dated May 20, 1991.
Greg McCafferty, Associate Planner. This item is for 'housekeeping' purposes
to u~date the Land Use Element of the City's General Plan.
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 Hunter, seconded by Council Member Ehrle, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. Council Member Pickler was absent.
MOTION CARRIED.
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. Council Member Pickler was
absent. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-224 for adoption, approving
General Plan Amendment No. 301, Exhibit A. Refer to Resolution Book.
RESOLUTION NO. 91R-224= 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. 32, EXHIBIT 'A'.
436
City Hallr Anaheimr California - COUNCIL MINUTES - July 9~ 1991, 5=00 P.M.
Roll Call Vote=
AYES=
NOES=
ABSENT=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
Simpson, Daly, Ehrle and Hunter
None
Pickler
The Mayor declared Resolution No. 91R-224 duly passed and adopted.
DS. 179= PUBLIC ~ARING - CONDITIONAL USE PERMIT NO. 3413 AND NEGATIVE
DECLARATION=
OWNER= NORBERT A. AND RUTH M. WATERS, 2501 East Ball Road,
Anaheim, California 92806
LOCATION/REQUEST= The property is located at 2521 East Ball Road
and is approximately 1.89 acres located at the northeast corner of
Ball Road and Sunkist Street.
The request is to permit the expansion of a restaurant with
on-sale beer and wine.
ACTION TAKEN BY THE PLANNING COMMISSION=
Conditional Use Permit No. 3413 GRANTED (PC91-67)
Approved Negative Declaration.
HEARING SET ON=
A review of the Planning Commission's decision was requested by Council Members
Daly and Pickler at the meeting of June 11, 1991 and public hearing scheduled
this date.
PUBLIC NOTICE REQUIREMENTS MET
Publication in Anaheim Bulletin June 27, 1991
Mailing to property owners within 300 feet - June 26, 1991
Posting of property June 28, 1991
PLANNING STAFF INPUT=
See staff report to the Planning Commission dated May 20, 1991.
APPLICANT'S
STATEMENT=
Mr. Norbert Waters, 12132 Morrie Lane, Garden Grove. He referred
to the Planning Commission hearing that took place last Monday,
July 1, 1991.
Annika Santalahti, Zoning Administrator. Following the Planning
Commission action and the day before City Council set the matter
for this public hearing, Mr. Waters requested a rehearing to amend
certain conditions of approval. She has a draft resolution
adopted at the meeting of July 1, 1991.
Planning Commission changed almost every one of the conditions.
She thereupon submitted a draft of the resolution to the Council.
The Commission inserted a number of conditions with the objective
of cleaning up the property. Within a period of 120 days from
their hearing, a landscaping and irrigation plan is to be
submitted for Commission review and approval. The Commission
437
City Hall, Anaheim, California - COUNCIL MINUTES - July 9. 1991. 5:00 P.M.
approved the use for a period of only one year at which time they
would review what was happening on the property. She then briefed
the remainder of the conditions.
Mr. Waters submitted to the Council photographs of the property
that were taken just this afternoon (made a part of the record).
Council Member Daly asked if Mr. Waters owned the property up to
the sidewalk; Mr. Waters confirmed that he did.
Council Member Daly posed questions to staff relative to the
timing of the landscaping and the street widening. He noted that
the Planning Commission retained the right to review and approve
the final landscape plan for the property including the five foot
strip and the other landscaping to be installed concurrent with
the expansion of the restaurant and the five foot strip installed
concurrent with the street widening. He wanted to know why the
five foot strip had to wait for the five foot street widening and
if the City already had the right-of-way to widen Ball Road.
Annika Santalahti. The original condition that asked for ten feet
statistically would not quite fit and there was also the issue of
the street widening. Mr. Waters brought that up and the
Commission was agreeable since the street widening is to occur in
November. Typically in connection with any zoning action or
building permit, the City does go after dedication to the ultimate
right-of-way along adjacent streets but she would have to check.
It is possible that dedication has been made but she does not know
for sure. In the notes she has, a representative from the Public
Works Department stated that construction on Ball Road
improvements was scheduled to start November of this year.
Council Member Daly. He wants to be sure the landscaping is
installed and does not want a two or five year delay in the
widening to delay installation of the landscaping.
Annika Santalahti. The wording of Condition 4 as amended is that
it either be concurrent with the street widening or within a
period of one year, which ever comes first. It will come up for
review in one year. The Commission wants to keep their fingers on
the project to insure that the improvements are made as expected
Council Member Daly. He understands that regardless of the
widening, the five foot strip has to go in. He feels the Planning
Commission has done a good job with the conditions imposed and
also feels that there has been a lot of progress on the property.
PUBLIC DISCUSSION IN FAVOR: None
PUBLIC DISCUSSION IN OPPOSITION: None
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
438
City Ha11~ Anaheimt California - COUNCIL MINUTES - July 9t 1991~ 5=00 P.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION= On motion by Council
Member Daly, 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. Council Member Pickler was absent.
MOTION CARRIED.
WAIVER OF READING - R~SOLUTION= The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-225)
Council Member Daly moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. Council Member Pickler was
absent. MOTION CARRIED.
Council Member Daly offered Resolution No. 91R-225 for adoption granting
Conditional Use Permit No. 3413 subject to the updated City Planning Commission
conditions as listed in Planning Commission Resolution No. PC91-97. Refer to
Resolution Book.
RESOLUTION NO. 91R-225= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3413.
Roll Call Vote=
AYES= COUNCIL MEMBERS=
NOES= COUNCIL MEMBERS=
ABSENT~ COUNCIL MEMBERS=
Simpson, Daly, Ehrle and Hunter
None
Pickler
The Mayor declared Resolution No. 91R-225 duly passed and adopted.
D6. 179: PUBLIC ~E~RING - ENVIRONMENTAL IMPACT REPORT NO. 305~ WAIVER OF CODE
REQUIREMENT, CONDITIONAL USE PERMIT NO. 3423~ TENTATIVE PARCEL MAP NO. 85-159=
OWNER= CITY OF ANAHEIM, c/o Robert Zur Schmiede, 300 South Harbor
Boulevard, Suite 900, Anaheim, California 92805.
AGENT= CULBERTON, ADAMS, AND ASSOCIATES, 85 Argonaut, Suite 220,
Aliso Viejo, California 92656
LOCATION/REQUEST= The property is approximately 12.39 acres
located at the northwest corner of Weir Canyon Road and La Palma
Avenue.
The request is to permit a Commercial/Retail Center with building
heights in excess of 35 feet, and a service station and a
freestanding drive-through restaurant with waiver of minimum
landscaped setbacks and minimum structural setback and to
establish a 5-lot commercial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION=
Conditional Use Permit No. 3423 GRANTED (PC91-84)
Waiver of code requirement APPROVED (Waiver #A': change
structural setback to meet the minimum of 60 feet on Weir Canyon.
Tentative Parcel Map No. 85-159 continued indefinitely.
Environmental Impact Report No. 305 APPROVED.
439
City Hall, Anaheim. California - COUNCIL MINUTES - July 9t 1991, 5=00 P.M.
HEARING SET ON=
This matter was appealed by Robert Zur Schmiede, Property Services Manager and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY=
Publication in Anaheim Bulletin June 27, 1991
Mailing to property owners within 300 feet - June 26, 1991
Posting of property June 28, 1991
STAFF INPUT=
See staff report to the Planning Commission dated June 17, 1991.
Rob Zur Schmiede, Property Services Manager. This item was originally appealed
to allow further discussion concerning the structural setback increase proposed
by the Planning Commission. Also subsequent to the Planning Commission
meeting, staff has held additional meetings with the neighborhood to the west
of the project. In the context of those meetings, they developed additional
mitigations requiring additional waivers to the zoning code. Those waivers
have not been advertised. They do require readvertising and renoticing to the
neighbors. In an agreement with them, staff is asking that the Council
continue the hearing to the first meeting in August (August 6, 1991) and also
to permit readvertising to include the two additional waivers. One is a waiver
of the maximum wall height in conjunction with an agreement reached with the
neighbors immediately adjacent to the west. The other waiver is for required
parking. Staff has worked out an agreement with the Traffic Engineer regarding
traffic. There has been a change in the truck circulation pattern whereby
truck access is being restricted to the rear of the proposed commercial center
away from the residents. Staff is recommending a continuance of the public
hearing and readvertising
Mayor Hunter asked if anyone wished to speak to the issue or if there was any
opposition to a continuance~ there was no response.
MOTION= Council Member Hunter moved to continue the subject public hearing to
Tuesday, August 6, 1991 at 6=00 p.m. and that the project be readvertised with
the waivers as articulated by staff. Council Member Daly seconded the motion.
Council Member Pickler was absent. MOTION CARRIED.
ADJOURNMENT~ By general consent the Council adjourned. (7=50 p.m.)
LEONORA N. SOHL, CITY CLERK
440