1991/08/06City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
SENIOR ASSISTANT CITY ATTORNEY: Eleanor Egan
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
ZONING ADMINISTRATOR: Annika Santalahti
PARKS, RECREATION AND COMMUNITY SERVICES: Chris Jarvi
PROPERTY SERVICE MANAGER: Robert Zur Schmiede
STADIUM GENERAL MANAGER: Greg Smith
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:25 p.m. on August 2, 1991, at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a),to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of
Anaheim, et al., Orange County Superior Court Case No. 44-81-74.
City of Anaheim vs. Phoenix Club etc., et al. Orange County Superior
Court Case No. 66-22-93.
b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager or City
Council prior to such recess unless the motion to recess indicates any
of the matters will not be considered in closed session.
By general Consent, the Council recessed into Closed Session. (3:02 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present, and welcomed those in attendance to the Council meeting. (5:15 p.m.)
INVOCATION: In lieu of an invocation a moment of silence was observed.
FLAG SALUTE: Council Member William Ehrle led the Assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATIONS - STUDENT AMBASSADORS FROM MITO JAPAN: Mayor Hunter and
Council Members welcomed a delegation of 21 student ambassadors from Mito Japan
comprised of high school and university students. The leader of the
delegation, Mrs. Hisako Yokoyama stated it was a great privilege to be present
with the students, the 1991 Goodwill Ambassadors visiting from Anaheim's Sister
City. The program brings greater friendship between the two cities. They have
very much enjoyed their stay in Anaheim.
Each of the students were greeted by Council Members and presented with Anaheim
pins.
119: PROCI.?~.~TIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Foster Family recruitment month in Anaheim - August 1991
Barbara Labitzke, Foster Home Development Coordinator, accepted the
proclamation.
MINUTES: Council Member Hunter moved to approve the minutes of the regular
meeting held June 4, 1991 and adjourned regular of June 4, 1991 held June 11,
1991. Council Member Pickler seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,442,523.12 for the week
ending July 26, 1991, and $2,963,842.59 for the week ending August 2, 1991, in
accordance with the 1991-92 Budget, were approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopmen~
Agency and Housing Authority meetings. (5:25 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:28 p.m.)
WAIVER OF READING -RESOLUTIONS= The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 91R-241 through 91R-244, both
inclusive, for adoption)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR~ On motion by Council Member
.Hunter, seconded by Council Member Daly, 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-241 through 91R-244, both inclusive, for adoption.
Refer to Resolution Book.
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City Hall. Anaheim. California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
Al. 140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of May, 1991.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held June 26, 1991.
105: Receiving and filing minutes of the Public Utilities Board meetings held
June 6, 1991, and June 13, 1991.
105= Receiving and filing minutes of the Community Redevelopment Commission
meetings held July 10, 1991 and July 17, 1991.
173~ Receiving and filing an application in the matter of Smart
Transportation, Inc., dba Funland Shuttle Company, before the Public Utilities
Commission of the State of California, for authority to provide passenger stage
service between designated points in various cities through the County of
Orange.
173~ Receiving and filing a Summary of Application filed by International
Paging Corporation (U-2106-C) before the Public Utilities Commission of the
State of California, for a certificate of public convenience and necessity to
extend its radio-telephone utility system in and to E1 Dorado, Kern, Orange,
Riverside, San Bernardino, San Joaquin, San Mateo, Santa Clara, and Solano
Counties.
A2. 158: Authorizing the payment of $314,169 to John L. Schmitz, pursuant to
agreement on file, for modifications to his building located at 718 North
Anaheim Boulevard - North Anaheim Boulevard Street Widening project
(R/W 3500-46).
A3. 150: Awarding the contract to the lowest and best responsible bidder,
Hondo Company, Inc., in the amount of $145,790 for the base bid and additive
Alternate B for Twila Reid Park Play Equipment Replacement; 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
bide of both the low and second low bidders.
A4. 150~ Approving a Notice of Completion of the construction of Sycamore
Park and Dream Street Improvements by Hondo Company, and authorizing the Mayor
to sign and the City Clerk to file said Notice of Completion.
A5. 123: Approving an Amendment to Agreement and Second Renewal Agreement
with Computer Services Company Division for traffic signal maintenance
services, and authorizing the Mayor to sign said Agreement.
A6. 160: Accepting the low bid of C.G.I. Systems, in the amount of $353,588
for Outdoor Metal-Clad Switchgear and spare parts at Fairmont Substation, in
accordance with Bid $4949.
A7. 160~ Accepting the bid of Kuhlman Electric, in the amount of $38,715 for
six each 25KVA switched transformers, three each 25 KVA unswitched
transformers, ten each 37.5 KVA unswitched transformers, in accordance with Bid
$4958.
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City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6~ 1991, 5:00 P.M.
AS. 123~ Approving an Amendment to Agreement with Seidler-Fitzgerald Public
Finance for professional services related to the sale of 1991/92 Tax and
Revenue Anticipation Notes.
Ag. 101= Approving the offer of the Robert F. Driver Company, the City of
Anaheim's Broker of Record, to place the order for builder's risk insurance,
underwritten through Allianz Insurance Company, for the period June 27, 1991
through June 27, 1993, at a cost of $321,625 for all-risk property damage and
business interruption coverage (Anaheim Arena Project).
Council Member Pickler voted no.
Al0. 123: Approving a Grant Agreement with the California State Department of
Education for basic skills remediation to welfare clients, in the amount of
$81,522 for the period of July 1, 1991 to June 30, 1992~ and amending Resource
Allocation Plan to increase revenues and expenditures in the amount of $7,906.
All. 158= RESOLUTION NO. 91R-241: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO LINCOLN ANAHEIM
VILLAGE LIMITED PARTNERSHIP.
A12. 113: RESOLUTION NO. 91R-242: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEAHS OLD. (City Treasurer's Office.)
A13. 117: Receiving and filing a Summary of Investment Transactions from the
City Treasurer, for the month of June, 1991.
A14. 123: Approving an Agreement regarding tolling of time limitations with
Whiting-Turner Contracting Co. during the period of settlement negotiations
(Police 2000 Project).
A15. 129: Approving a Notice of Completion by Edwin Webber, Inc., for weed
abatement work incurred during the 1990/1991 fiscal year, and authorizing final
payment, in the amount of $4,449.53 to Edwin Webber, Inc.
A16. 129: RESOLUTION NO. 91R-243: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE
COST OF WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF
ORANGE.
A~7. 000: RESOLUTION NO. 91R-244: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REVISING THE PARKING FEES AT ANAHEIM STADIUM.
Council Member Daly asked if the representatives for the Pig Skin Classic and
the Freedom Bowl have agreed to the proposed increase. He knows that the other
tenants have agreed.
Greg Smith, Stadium General Manager. There is not a provision in the contract
giving the Orange County Sports Association the right of approval for fee
increases but he has discussed this with them and they have concurred.
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City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
A18. 123: Approving a Ground Lease Agreement with the Phoenix Club German
Association in Orange County, Inc., and the Loan Agreement with the Phoenix
Club German Association in Orange County, Inc., and authorizing the Mayor to
execute said documents; and amending the RAP to increase revenue in the amount
of $2,748,000.
Council Member Pickler voted no.
End of Consent Calendar.
Al9. 105= BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRED
JUNE 30t 1991:
COMMUNITY REDEVELOPMENT COMMISSION FOR NEW TERMS EXPIRING 6/30/95:
McMillan)
(Doty,
COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING 6/30/952 (Hibbard, Ready,
Sofia)
HOUSING COMMISSION FOR NEW TERMS EXPIRING 6/30/95: (Cook, Garda)
ECONOMIC DEVELOPMENT BOARD FOR NEW TERMS EXPIRING 6/30 95: (Flocken, Risten)
LIBRARY BOARD FOR NEW TERM EXPIRING 6/30/95: (Whorton)
PLANNING COMMISSION FOR NEW TERMS EXPIRING 6/30/95: (Boydstun, Feldhaus)
PUBLIC UTILITIES BOARD FOR NEW TERMS EXPIRING 6/30/95: (Kiefer, White)
SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING 6/30/94:
Sullivan, Nelson)
(Scherman,
MOTION: Council Member Hunter moved to continue all the subject
appointments/reappointments to Tuesday, September 10, 1991. Council Member
Daly seconded the motion. MOTION CARRIED.
ITEMS 81 - 89 FROM THE PLANNING COMMISSION MEETING OF JULY 15t 1991~
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 6. 19912
81.
179: VARIANCE NO. 4113 AND MITIGATED NEGATIVE DECLARATION:
OWNER: AMEDCO, HUMANA WEST ANAHEIM COMMUNITY HOSPITAL INC., 3030 West
Orange Ave. Anaheim, CA
AGENT: KAISER HEALTH PLAN, INC., Attn: Property Acquisition, 393 E.
Walnut St., Pasadena, CA 91188
LOCATION: 3030 West Orange Ave. Property is approximately 3.27 acres
located on the south side of Orange Ave. and approximately 387 feet
west of the centerline of Beach Blvd.
Waiver of minimum number of parking spaces, maximum structural height
and minimum required setback adjacent to residential zone boundary to
construct a 5-story, 140,000 square foot medical multi-specialty
office building with 2 levels of subterranean parking and a detached
5-level parking structure.
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City Hall. Anaheim. California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
ACTION TAKEN BY THE PLARNING COMMISSION:
Variance No. 4113 GRANTED (PC91-100) (4 yes votes, 2 no votes).
Approved Mitigated Negative Declaration.
Appeal of the Planning Commission's decision was submitted by Kaiser Health
Plan, Inc. Therefore a Public Hearing will be scheduled at a later date.
B2. 155: ~NVIRONMENTAL IMPACT REPORT NO. 308, GENERAL PLAN AMENDMENT NO. 320,
RECLASSIFICATION NO. 91-91-26, WAIVER OF CODE REOUIREMENT, CONDITIONAL USE
PERMIT NO. 3415:
OWNER: IDM Corporation, 5150 E. Pacific Coast Hwy., Long Beach, CA
90804
LOCATION: Property is approximately 7.5 acres located at the
northeast corner of Brookhurst Street and Gramercy Avenue.
To amend the Land Use Element of the General Plan to redesignate
subject property from the existing General Industrial designation to
the Medium Density Residential designation.
RECLASSIFICATION NO. 90-91-26: To reclassify subject property from
the ML (Limited Industrial) zone to RM-1200 (Residential,
Multiple-Family) or a less intense zone.
CONDITIONAL USE PERMIT NO. 3415: To permit a 338 unit, 3 and 4 story
deck-type 'affordable' housing apartment complex with waivers of
minimum building site area and permitted identification signage.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA NO. 320 DENIED (PC91-101) (5 yes votes, 1 no vote, and i absent).
RECLASS NO. 90-91-26 DENIED (PC91-102).
CUP NO. 3415 DENIED (PC91-103).
Waiver of code requirement DENIED.
Approved EIR NO. 308.
A letter of appeal of the Planning Commission's decision was submitted by the
owner, IDM Corporation and Public Hearing set and scheduled for August 20,
1991.
B3.
179: CONDITIONAL USE PERMIT NO. 3419 AND NEGATIV~ DECLARATION:
OWNER: JACK HEINRICH, 12836 E. Alondra Blvd., Cerritos, CA 90701
AGENT: SAM E. ARBUTHNOT, 6631 N. Cherry Ave., Long Beach, CA 90805
LOCATION: 535 S. Anaheim Blvd. Property is approximately 0.66 acre
located on the west side of Anaheim Boulevard and approximately 330
feet north of the centerline of Water Street.
To permit a car wash.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3419 GRANTED (PC91-104) (6 yes votes, i absent).
Approved Mitigated Negative Declaration.
B4. 179: WAIVER OF CODE REOUIREMENT. CONDITIONAL uS~ PERMIT NO. 3428 AND
NEGATIVE DECLARATION:
OWNER: GENE GOLDSMAN, 240 Monarch Bay, South Laguna Beach, CA 92677
AGENT: PACTEL CELLULAR, Attn: Ernie Courter/Rich Wagner, 23 Park
Plaza, Irvine, CA '92714
LOCATION~ 2536 W. Lincoln Ave. Property is approximately 1.12 acres
located at the southwest corner of Lincoln Avenue and Gain Street.
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City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5=00 P.M.
To permit a cellular telephone facility including a 64 foot high
monopole with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3428 DENIED (PC91-105) (5 yes votes, i no vote, and I absent).
Waiver of code requirement DENIED.
Denied Negative Declaration.
BS. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3430 AND
NEGATIVE DECLARATION:
OWNER: MELINDA GRUBBS, 33 Bellcourt Drive, Newport Beach, CA 92660
LOCATION: 323 E. Ball Road. Property is approximately 1.24 acres
located on the north side of Ball Road and approximately 480 feet east
of the centerline of Claudina Street.
To permit an emergency vehicle repair facility with waiver of minimum
number of parking spaces.
ACTION TAKEN B~ THE PLANNING COMMISSION=
CUP NO. 3430 GRANTED (PC91-106) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B6.
179: CONDITIONA~ USE PERMIT NO. 3431 AND NEGATIVE DECLARATION:
OWNER: JAN-ERICK PALM, c/o Swede-Cai Properties, Inc. 5101 E. La
Palma, Ste. 205, Anaheim, CA 92807
AGENT: TIM BALLARD, P.O. Box 2676, Orange, CA 92669
LOCATION: 5109 E. La Palma Ave. Property is approximately 9.33
acres located on the northeast corner of La Palma Avenue and Kellogg
Drive.
To permit a church in an existing industrial-related office complex.
ACTION TAKEN BY THE pLANNING COMMISSION:
cUP NO. 3431 GRANTED (PC91-107) (6 yes votes, i absent).
Approved Negative Declaration.
B7.
179: CONDITIONAL USE PERMIT NO. 3429~ CATEGORICALLY EXEMPT, CLASS 11:
OWNER: The Home Depot, 2300 W. Lincoln Ave., Anaheim, CA 92801
AGENT: Carnival Carts/Marlene Brown, 123Si-Mottle Lane, Garden Grove,
CA 92640
LOCATION: 2300 W. Lincoln Ave. Property is approximately 9.1 acres
located on the south side of Lincoln Avenue and approximately 655 feet
east of the centerline of Gilbert Street.
To permit a portable food service use (hot dog cart) in conjunction
with a permitted retail store.
ACT~O~ TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3429 GRANTED, for one year, (PC91-108) (6 yes votes, 1
absent).
B8.
179: CONDITIONAL USE PERMIT NO. 3432. CATEGORICALLY EXEMPT. CLASS
OWNER: DEAN CLARK and JOYCE N. CLARK, 4760 Blue Mountain Drive, Yorba
Linda, CA 92687
LOCATION~ 1601-1611 South Euclid Street. Property consists of two
parcels of land having a combined area of approximately 0.42 acres
located on the southwest corner of Cris Avenue and Euclid Street.
To permit the expansion of a commercial use within a residential
structure.
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City Hall. Anaheim. California - COUNCIL MINUTES - Auqust 6, 1991, 5500 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3432 GRANTED (PC91-109) (6 yes votes, i absent).
B9.
179: CONDITIONAL USE PERMIT NO. 3183 AND NEGATIV~ D~CLARATION~
AGENTs ROD WINTERROWD (Bowers Perez Assoc.), 16715 Von Karman Ave.,
Irvine, CA 92715
LOCATION: 1525 North Raymond Ave. Property is approximately 3.64
acres located at the northwest corner of Orangefair Lane and Raymond
Avenue.
Request for amendment to conditions of approval pertaining to
industrially related sales businesses.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED amendment to conditions of approval for CUP NO. 3183.
Approved Negative Declaration.
The Planning Commission recommended that this item be set for a Public
Hearing. By general Council Consensus, CUP NO. 3183 was set for a public
hearing as recommended by the City Planning Commission.
ITEMS Bi0 - Bll FROM THE PLANNING COMMISSION MEETING OF JULY 29, 1991,
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 8, 1991:
B10. 170: TENTATIVE PARCEL MAP NO. 91-169, RECLASSIFICATION NO. 90-91-30 AND
NEGATIVE D~CI~T~ON~
OWNER~ ROLAND COVEY, 16872 Bolsa Chica St., Ste. $105, Huntington
Beach, CA 92649
LOCATION: 711 East Sycamore Street. Property is approximately 2.79
acres located on the north side of Sycamore Street and approximately
158 feet east of the centerline of Pauline Street.
TENTATIVE PARCEL MAP NO. 91-169: To establish a 2-1ot industrial
subdivision.
RECLASSIFICATION NO. 90-91-30: For a change in zone from RS-A-43,000
to ML.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Parcel Map No. 90-91-30 APPROVED (6 yes votes, I absent).
Approved Negative Declaration.
NOTE: Reclassification No. 90-91-30 has a 22-day appeal period and
will appear on the Council Agenda of August 20, 1991.
Council Member Daly. This site has been an industrial use for years, but has
been rezoned residential. It is in a holding zone surrounded by residential.
He was wondering what staff's and the Planning Commission's thinking was
relative to permanent zoning since the underlying zoning has been residential
for years.
Annika Santalahti, Zoning Administrator. The proposed zoning is bringing it
into compliance with the General Plan. If any construction occurs within 200
feet, there are certain height restrictions and setback and landscape
restrictions if abutting residential.
Council Member Daly reiterated his concern that this will encourage industrial
uses in what is basically a residential setting and will make it permanent.
The matter should be set for a public hearing because it is important to that
neighborhood; Council Member Pickler concurred in setting the matter.
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
Annika Santalahti. She explained that the reason the item is on the agenda is
due to the tentative tract since it has a shorter appeal period. The
reclassification will be on the agenda in the next two weeks and a condition of
the tentative tract is that the reclassification would have to be approved. It
is not necessary to set the tentative tract for a hearing but when the
reclassification appears on the Council Agenda, the Council could set it for a
public hearing at that time.
Council Member Daly. He will withdraw his request to set the matter for a
public hearing to day but will do so when the reclassification is before the
Council.
Bll. 170: TENTATIVE PARCEL MAP NO. 91-227, WAIVER OF CODE REOUIREMENT,
CONDITIONAL USE PERMIT NO. 3440 AND NEGATIVE DECLARATION. WAIVER OF COUNCIL
POLICY 542/543:
OWNER= CENTRALIA SCHOOL DISTRICT, 6625 La Palma Ave., Buena Park, CA
90620
LOCATION: 3301 W. Lincoln. Property is approximately 3.1 acres
located on the north side of Lincoln Avenue, approximately 530 feet
west of the centerline of Western Avenue.
To construct a 135-unit "affordable' senior citizen's apartment
complex with waivers of maximum fence height, required setbacks,
permitted signs and minimum site area per dwelling unit.
Petitioner requests waiver of Council Policy No. 542 pertaining to
sound attenuation of residential structures adjacent to major arterial
highways, and No. 543 pertaining to density bonuses.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Parcel Map No. 91-227 APPROVED (4 yes votes, 2 no votes, and
I absent).
Approved Negative Declaration.
NOTE~ CUP 3440 has a 22-day appeal period and will appear on the
Council Agenda of August 20, 1991.
A review of the Planning Commission's decision was requested by Council Members
Pickler and Ehrle, and therefore, a public hearing will be scheduled at a later
date.
End of the Planning Commission Items.
B12. 130~ ORDINANCE NO. 5244 FOR ADOPTION=
WAIVER OF READING - ORDINANCE~ The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5244)
Council Member Hunter moved to waive the reading in full of the ordinances.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5244 for adoption, Empire Cable
Television Franchise transfer to Jones Spacelink. Refer to Ordinance Book.
ORDINANCE NO. 5244: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE TRANSFER
OF THE CABLE TELEVISION FRANCHISE GRANTED TO EMPIRE CABLE TELEVISION, INC.
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City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
('EMPIRE') PURSUANT TO ORDINANCE NO. 5057 (THE 'FRANCHISE') TO JONES SPACELINK
ACQUISITION CORPORATION.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Ordinance No. 5244 duly passed and adopted.
B13. 179: REQUEST FOR EXTENSION OF TIME RECLASSIFICATION NO. 89-90-45 AND
CONDITIONAL USE PER~IT NO. 3261:
REQUESTED BY: ROBERT C. POLITISKI, SMITH & POLITISKI, 1002 N.
Broadway, Santa Ana, CA 92701.
LOCATION: Property is located between Frontera Street (on the north)
and Jackson Avenue (on the south), east of Park Vista Street.
Petitioner requests extensions of time on Reclassification No.
89-90-45 and CUP NO. 3261 (retroactive to 5/1/91 and to expire
5/1/92).
Reclassification No. 89-90-45 is for a change in zone from
RS-A-43,000(O) to RM-1200(O); and Conditional Use Permit No. 3261 is
to permit the construction of 3-story, 11T-unit 'affordable' deck type
apartment complex with waiver of minimum building site area per
dwelling unit.
Council Member Daly. Given the trends to limit density in certain
neighborhoods, he feels the request should be denied.
Annika Santalahti, Zoning Administrator. She explained for the Mayor this is a
one-year old project. It was approved in 1990. The Council saw a similar
project down the street from the subject location. The code has been changed
in the interim. The changes they would have to make to the project are fairly
stringent and it would be difficult without reducing units.
MOTION: Council Member Daly moved to deny the request for extension of time on
Reclassification 89-90-45 and Conditional Use Permit No. 3261. Council Member
Hunter seconded the motion. MOTION CARRIED.
B14. 155: REOUESTS FOR REHEARING - ENVIRONMENTAL IMPACT REPORT NO. 302,
GENERAL PLAN AMENDMENT NO~ 318t AND MOUNTAIN pARK SPECIFIC PLAN NO. 90-4 DESIGN
ALTERNATIVE (INCLUDING ZONING AND DEVELOPMENT STANDARDS AND A PUBLIC FACILITIES
PLAN):
Request for a rehearing pertaining to the Mountain Park Specific Plan
et al; were submitted by (1) The County of Orange and (2) Friends of
the Tecate Cypress.
LOCATION: The Mountain Park Property is described as the 3,179-acre
Gypsum Canyon property and is unincorporated land located within the
County of Orange in the City of Anaheim's sphere-of-influence, and
generally bordered on the north by the Riverside Freeway (SR-91) and
the Gypsum Canyon Road interchange, on the west by The Summit of
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City Hall. Anaheim. California - COUNCIL MINUTES - Auqust 6, 1991. 5:00 P.M.
Anaheim Hills and Sycamore Canyon developments in the City of Anaheim,
on the south by unincorporated property within the County of Orange in
the City of Orange's sphere-of-influence, and on the east by
unincorporated property within the City of Anaheim's
sphere-of-influence.
ACTION TAKEN BY THE PLANNING COMMISSION~
EIR NO. 302 - Recommend City Council approval.
GPA NO. 318 APPROVED (PC91-92).
APPROVED SP90-4 Designated Alternatives (PC91-93).
APPROVED SP90-4 Zoning and Development Standards (PC91-94).
ACTION TAKEN BY THE CITy COUNCILs
City Council took the following action at the meeting of July 23,
1991, Item D6:
EIR NO. 302, with statement of overriding considerations and
mitigation measures was certified as being in compliance with CEQA.
GPA NO. 318 APPROVED (91R-240).
Approval of the Specific Plan Zoning and Development Standards, and
adoption of an Ordinance for Specific Plan No. 90-4 to be considered
at a Council meeting 5 weeks after the approval of GPA No. 318.
City Clerk Sob1 announced that she has been informed that there are individuals
who would like to speak relative to the requests for rehearing.
Mayor Hunter. This is not a public hearing, but only a motion for the Council
to determine whether or not to grant a rehearing. Request for rehearings are
not normally opened up for public input.
Assistant City Attorney Eleanor Egan. If the Council wants to take further
testimony or needs further information they could do so.
Mayor Hunter. He feels the decision should be not to do so; Council Member
Daly. He supports the Mayor. At the meeting of July 23, 1991, the Council
heard approximately three hours of testimony from a long list of speakers. In
addition, the Council had extensive written documentation and evidence before
it.
Council Member Pickler. He would be willing to hear from a representative of
Friends of the Tecate Cypress and the County.
MOTION: Council Member Daly moved to deny the request for rehearing relating
to the Mountain Park Project. Council Member Ehrle seconded the motion.
Before a vote was taken, Council Member Pickler stated that he will support the
motion, but feels they should have heard from the representatives who wanted to
speak.
Mayor Hunter. He reiterated that requests for rehearings are not public
hearings otherwise the Council would rehear such issues over and over again.
A vote was then taken on the foregoing motion to deny the request for
rehearing. MOTION CARRIED UNANIMOUSLY.
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C1. 171~ REPEALING THE UTILITY USER'S TAX AND REDUCING MAYOR/CITY COUNCIL
MEMBER'S SALARIES:
To consider an Ordinance and Resolution repealing the Utility User's
Tax, and to consider an Ordinance reducing the salaries of the Mayor
and City Council Members pursuant to motion of the City Council on
July 23, 1991.
Council Member Daly offered Ordinance No. 5245 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5245~ AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 2.13
OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE UTILITY USER'S TAX.
City Clerk Sohl noted that the ordinance and accompanying resolution -
Resolution No. 91R-176 relating to the Utility User's Tax - will be on the
Council's next Agenda, August 13, 1991, for Council action at that time.
Council Member Ehrle offered Ordinance No. 5246 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5246= AN ORDINANCE OF THE CITY OF ANAHEIM RELATING TO THE
COMPENSATION OF MEMBERS OF THE CITY COUNCIL.
City Clerk Sohl stated that this ordinance as well will be on the August 13,
1991, Council agenda for Council action.
C2.
106: BUDGET ADVISORY COMMISSION APPOINTMENTS:
Request by Council Member Daly at the meeting of July 23, 1991, for
the creation of a 10-member Budget Advisory Commission to be advisors
to the City Council on a year-round basis concerning fiscal matters.
Council Member Daly. This issue is important enough that the Council should
move to appoint their representatives as soon as possible. At this time, he is
appointing Rick Vaughn, a local business man. He will have the second
appointee next week.
Council Member Simpson. His first appointment is Dick Clark of Rockwell. He
will have another name by next Tuesday.
Council Members Pickler, Ehrle and Hunter indicated that they will appoint
their two members at the next meeting.
City Clerk Sob1 stated that she would include Budget Advisory Commission
appointments on the next agenda and all subsequent agendas until all
appointments are made.
ITEMS OF PUBLIC INTERESTs The following people spoke relative to the Utility
User's Tax/City Budget.
Amin David, ACT. ACT does not want to set up an adversarial relationship with
any of the rank and file City employees. Their intent is only to augment
better government and better services. They do not want any of the protective
services to be involved. Those services should be looked at with an unbiased
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view as to where and what can be done in those departments. They support
Council Member Ehrle and the two other Council Members who they feel have
caused the renovation of the spirit of the City and look forward to working
with them for betterment of the City.
Council Member Simpson. With his (David) comments in mind, he asked him to
give a name of someone from ACT to work with the City; Mr. David stated he will
relay that message.
Lilyan Haigh, 639 S. Pathfinder Trail, Anaheim. She is speaking on behalf of
keeping the Oak Canyon Nature Center open. It is a very special place and a
· bargain". Last year, 12,000 people visited Oak Canyon which is managed by one
professional person.
Herb Eggett (30 year Anaheim resident). He adds his thanks to the action taken
tonight. It is a step in the right direction. His concern is the future and
that there be a balanced budget without a lot of cutbacks and layoffs by
limiting spending within a budget that is laid out, and one which the Council
approves.
Ron Bengochea, 1751 S. Nutwood. He is a native of Anaheim, a City employee and
a unit chairman of Local 47 IBEW. Relative to the Utility User's Tax, it is
not a tax coming from the Utilities Department but a user fee recommended by
staff. He is not in favor of additional taxes but sometimes circumstances
necessitate such action. There is a budget problem for a number of reasons and
the Utility User's Tax can be a temporary solution. He supports a budget
advisory commission if there is no cost involved. Speaking as an employee of
the Utility's Department, they give a 24-hour, seven-day-a-week response. Once
that kind of service is lost, it is never regained. As a resident, his family
uses the libraries, parks and recreation department, community services as well
as police and fire. Policemen are necessary but there are things neighborhoods
can do as a whole to solve problems. Senior citizen programs are very
important. Businesses should also institute energy conservation programs. The
Council should take a hard look before rescinding the tax. It should be
instituted if that is what it will take to get the City on an even keel and
then pull it back. As a resident, he is willing to pay $6 a month.
Ray Sanborn, Business and Financial Manager, Local 47 IBEW, Representing a
number of City employees. The budget crisis, at least in part, is temporary
affected by the down turn in the economy. It has to be dealt with on a
temporary basis. One option is the Utility User's Tax which would spread the
burden throughout the citizenry. Other options are a parking and/or amusement
tax which would be shared by non-residents of the City. Another possibility is
layoffs of employees or possible work reductions. That is borne directly and
solely by the employees. It is not just a question of being for or against
employees but what the residual effect of an action is if it is taken against
the employees and how it will affect the City in the future. He urged the
Council to look at the budget - determine where they can cut without hurting
someone's livelihood on a long-term basis - meet the crisis on a temporary
basis so as not to place it on the backs of the employees which will affect the
City for years to come.
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MarJori Miroka, 4311 East Alderdale, Anaheim. She is a board and care
operator. She is present to state her opinion and the opinion of a lot of
parents and board and care operators who take care of the developmentally
disabled that attend the Anaheim Parks and Recreation Therapeutic program. It
is a very needed program in the population. Her plea is to not cut the hours
on the program.
Lloyd Lowry, 2504 E. Hilda Place, Anaheim. He is present as a member of ACT
and president of AARP Chapter 1912 Anaheim. The 1912 Chapter endorses ACT. As
a private citizen, he has operated a business in the City for 18 years. He is
closing it and moving out because business license fees are out of sight for
small businesses and taxes are also going out of sight. It is necessary to
work within funds the City has available to it.
Jack Schaeffer, 211 S. Beach Blvd., Pacific Sunset Mobile Home Estates. The
members of ACT agreed to act as a coordinated force to present to the Council
the feelings of the will of the people regarding the Utility User's Tax. It is
the democratic form of government working at its best.
Kent Peterson, 9862 Harriet Lane, Anaheim, a member of the parent group that
provides auxiliary help for the Therapeutic Park and Recreation Center. The
program provides enormous help and benefit. He is concerned if the City is
considering rescinding the tax that the program may be eliminated. As a
citizen, he is not in favor of taxes, but realizes certain programs and
services that are desirable must be paid for. He endorses the Therapeutic Park
and Recreation program and urges Council's support.
Paula Peterson, 9862 Harriet Lane, Anaheim. Their daughter is a participant in
the Anaheim Therapeutic program. They have been involved many years as a
parent booster and have seen many advances in the participants. She urged the
Council not to cut the program because it is vital.
Dave Gilliam, Representing Rockwell, 127 Parkview Drive, Fullerton. Rockwell
is Anaheim's largest employer. They are fighting to bring their costs under
control. They have seen substantial job losses. They want to keep jobs in
Anaheim. He is concerned that they not do something in the City that would be
regressive to that goal. Costs have to be kept under control. It is important
that the City provides services just as Rockwell.
Sister Beth Muir, Teacher at Cornelia Connelly School. She directs the
community services program and is in charge of those who volunteer for the
Anaheim Therapeutic Center. She read a reflection paper written by one of the
student volunteers regarding their work at the center. She is speaking in
behalf of retaining that vital Parks and Recreation program.
Lyla Jaeggers, 105 E. Leatrice, Anaheim, President, South Anaheim Neighborhood
Counsel. The main concern is that no cuts be made in the Police Department
specifically the Community Action Policing Team. That team has made a
difference in their community. She urged that no cuts be made that would
affect that program and also the Neighborhood Watch and Dare programs.
Karen Connoly. She spoke on the Andy Anaheim program, what is involved in that
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program and why the tradition of that program is very important for the
children who participate in it. If there are cuts and playgrounds are closed
as well as libraries, it will have a detrimental affect.
Tim Hainline, 2110 S. Lewis Street, Anaheim. Speaking as an employee and
citizen of Anaheim. He is one of the proposed budget cuts. Depending on the
Council's vote, he may be joining his pregnant wife in the unemployment line.
He urged the Council to consider all those people and families that will be
hurt by the proposed cuts.
James Bonsteel. He expressed concerns he had when he was employed by the City
and offered his comments on how those might be corrected.
Richard Rau, 216 N. West Rowland, Anaheim. He has two children in the Andy
Anaheim League and is concerned if this and like programs are cut, what his and
other children will do. In the long term, the City will be paying more to get
the kids out of gangs, cleaning up graffiti, etc. He also wants to make sure
libraries and parks stay open. He is willing to pay the tax. Anyone who has
common sense will pay it or will be paying for it later.
Michael Sorenson, 2867 W. Elmlawn, Anaheim. Speaking on behalf of the Andy
Anaheim program, these are the kinds of programs that do not cost the City a
lot when considering the cost if they were not available. It needs to be
financed. Friends and neighbors and other people would be more than willing to
pay whatever it takes to keep the program.
Jeff Kirsch, 2661 W. Palais, Anaheim. If people are willing to pay a certain
amount for valuable City services, then perhaps ~ees for those services are in
order. What is needed is to know exactly where the money goes and where does
it come from. While he wants to pay fair taxes for services received, he can
no longer afford to keep increasing that payment. He supports rescinding the
tax and a search for responsible alternatives.
Lori Lang, 4680 Fir Avenue, Seal Beach. She is a substitute physical education
teacher for the City of Los Alamitos. She is in favor of keeping the parks and
recreation programs alive from Senior Citizens down to toddler age children.
She has seen the benefits that gymnastics and other sports have for children
and would like to know all children have that opportunity whether private or
public. It is necessary to get creative.
Bill Tucker, 1821 Beacon Avenue, Anaheim. He is a parent of a handicapped
child who is in the Parks and Recreation therapeutic program. He urged the
Council not to cut Parks and Recreation programs anymore than they have been
cut.
Jeannie Geraldo, 1669 Camrose Way, Anaheim. She used to live in Santa Aha and
saw budget cuts that affected the community especially in community services.
If the City does not offer programs for the youth, she questioned what they
would do and where would they go. Cutting those programs will have a major
impact on the community.
A volunteer representative of the Anaheim Senior Center then spoke. She
questioned where the Seniors will go if the programs are cut. She also urged
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City Hall, Anaheim. California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
that there be no cutback in police, fire or wherever. The seniors need all the
help they can get.
Scott Flynn, a City employee who lives in Orange. It will be a mistake to cut
employees. The City needs police, fire and support services. Many departments
are even now working short handed. He feels there are other alternatives to
balance the situation until revenues come back. The Council needs to support
its employees and its citizens.
Marilyn Hauk, Vice President, AnaheimMunicipal Employees' Association (AMEA).
AMEA has a membership of 800 members and 463 members are Anaheim residents and
none have come to say that City services should be cut and do not raise taxes.
They are the people who work every day with the budget and they have come to
the Council and asked time and again to let them help. Every person who has
spoken about a program has reason to be concerned because every one of those
programs is slated for complete omission or drastic reductions. Employees hold
a City together. The press has been extremely one sided by using 'yellow
journalism'. Council Members had studied the budget for months. It was not an
overnight decision. She questioned what happened to all of those months of
thought. The Council needs to get out of the reactionary mode. Cutting
employees will not solve the problem. Mr. Sanborn put it quite well.
Employees with ten years seniority are proposed to be cut. That is a lot of
knowledge lost and it will not recover for another twenty to thirty years.
Joseph Bryan, President, Anaheim Police Association, 508 N. Anaheim Blvd.,
Anaheim. At the time of the November elections, the Council was in agreement
the crime rate was rising and is still rising. There was unanimous agreement
then and now that police manpower has not kept up with growth. He and others
have tried to convey that. For years, they have seen the City continue to grow
and spread out with increasing population causing a drain on police services.
There are not enough police trying to fight crime in the City. The
Association's concern is the City and not politics. It was the employee groups
who first took on the City budget and spending habits. The perception seems to
be that City employees caused the budget problems. The employees did not
create the problem with the budget. A question has been raised whether the
employees are willing to take a 5% pay cut. The answer is no. He reiterated
the employees did not create the problem and, therefore, are not going to be
the scapegoat. They are still prepared to do whatever they can at anytime. He
then recommended a way which, in his opinion, would alleviate the budget
problem having to do with funds available from the sale of the Hilton. He is
tired of being a victim in the City. He relayed instances of crime which he
has experienced personally at his home. He is tired of living where there is
nothing but confusion and is tired of telling everybody that there is a problem
with crime in the City but nobody is listening.
Council Member Daly. During Mr. Bryan's presentation he (Bryan) stated that at
any one time working the day shift there are only 18 or 20 officers on the
streets of Anaheim. He has heard this number before and feels that there needs
to be a response from the City Manager to verify if that is correct. He knows
that there are 344 sworn police officers and a total of 515 in the department
with a few positions vacant. He is startled to hear that during the daytime
there are as few as 18 police officers on the streets.
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He would like the City Manager to report back with his assessment of that
report from the Police Association.
Dawn Campbell, 615 S. Walnut Street, Anaheim. She has a handicapped child in
the Parks and Recreation Therapeutic program. If a counselor had not been at
the park yesterday her child would have been hurt. She comes from the Bronx
where there are no counselors in the park, but instead drug dealers, broken
glass, graffiti, etc. Counselors teach kids to respect what they have. She
wants Anaheim to keep the counselors. Without the program, she does not know
what the children are going to do all su~er.
Vickie Parson, 115 W. Chateau Avenue, Anaheim. When she was a youngster in
Anaheim, she looked forward to going to the parks and now her five-year-old
daughter does also. She likes to know there is supervision at the parks. She
will pay the extra money because the children are the future.
Sharon Ericson, President, Anaheim Municipal Employees' Association. She first
apologized to Council Member Ehrle for remarks that were made by her
previously. AMEA employees can no longer endure the stress of the last few
months. For someone with a heart problem, stress can bring on a major incident
which has occurred with one employee who is 39 years old and presently in the
Western Medical Center. Of the approximately 500 employees present today, over
400 are Anaheim residents. She was elected to represent her people just as the
Council. Her people need their jobs and the City needs not to have programs
cut. She is begging the Council to please spare her people their jobs. They
cannot take much more. Whatever the Council is going to do, she urged them to
do it and get it over with but to have compassion for the people who work so
hard to make all the programs which the people have spoken to tonight
possible. She does not like to beg but she will do so to save her employees'
jobs.
Joe Ellen Branham, 1590 Alexis Avenue, Anaheim. The City needs not only to
continue the present programs, but need help with the Police Department. She
feels the Police Department is understaffed as evidenced by a recent incident
when her daughter's car was hit and no one was available to take care of the
situation. The City has to continue providing the funds to take care of the
welfare of the citizens of Anaheim who are the ones that will be hurt. Anaheim
is going to look like Los Angeles if the Council does not take positive action.
Doug Beery, 2733 Skywood Place, Anaheim, Representing the Anaheim Firefighters'
Association. The Council's res~onsibility is to protect the health and
environment of the City in every way. What holds it all together are the
employees. He lives in West Anaheim and not a night goes by that he does not
hear gun fire. The Council has the responsibility to dig deeply in the pockets
of the City and find whatever means necessary to repair the budgetary shortfall
or compromise somewhere on the Utility User's Tax. They owe it to the citizens
and employees. They need to put in place a temporary fix. The action the
Council takes within the next few weeks will have a long-term impact on
.everything that takes place in the City - there is a legacy of crime and
overcrowding that will only get worse and the City has to be able to meet that
challenge.
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
Peter Harvey, 2263 W. Judith, Anaheim. He is 21 and studying to be a teacher,
but works part time with Parks and Recreation. There are other jobs he could
have had, but he would not be working with kids or affecting their future. He
will not be able to look at the kids and tell them the Council voted to
eliminate the programs which keep them from becoming involved with gangs or
other negative activities.
Ken Seymour. He is one of the 18 or 20 patrol officers who patrol the streets
of Anaheim. There is a drastic gang problem in the City. He patrols West
Anaheim and he can name the gangs in the west end. It is necessary to have
more than 18 or 20 patrol officers at any one given time. It is not only the
Patrol Division that is overburdened, but also the detectives have a tremendous
case load. He hopes they can continue in the future to have a progressive
Police Department so that he can continue to fulfill his duties as a patrol
officer and investigate crimes that are possibly going to occur.
Dan Mountford, 2385 S. Mira Court, Anaheim. He is a voter who will support the
Utility User's Tax and there are other people present who will also support the
tax - many who spoke tonight. The voting electorate will remember a service
that is provided but they will easily forget a tax, especially one imposed on a
temporary basis. He views this as a temporary stop gap measure. The City has
been cut already and he feels that those cuts have eliminated some "fat' but
now they are talking about ripping out the soul of the City. There may be more
that needs to be eliminated but it should not be done in a manner that is
impulsive but done with deliberation. The Council should give itself time to
deliberate and look for additional sources of revenue and additional means of
cutting.
Jeffrey Alcock, 117 Robb Way, Anaheim, a resident, voter and City employee.
works at the Convention Center. They do not want to lose their jobs over a
budget cut. They support the 4% Utility User's Tax and will stand behind it.
They will do what it takes to share the burden. He asked that the Council
please not cut their jobs.
He
David Chavez, 30 year resident. He is not against the tax and had previously
suggested a volunteer tax. He still favors some type of volunteer tax.
At the conclusion of input, Mayor Hunter asked the City Manager to comment.
City Manager James Ruth. The City Council met this afternoon in an adjourned
regular meeting lasting approximately three hours to give additional intensive
review and study of the budget looking at options and impacts of potential
cuts. Additional time is necessary to digest all of the information
presented. The Council concluded they will meet again Friday morning at
8=00 a.m. to do more study and if that does not give sufficient time, will meet
again before next Tuesday. The Council is spending a considerable amount of
time deliberating the issues which are very painful and difficult. They are
not in a position to make decisions at this point and will need time for
further review and study. He applauds the Council for taking that kind of time
and putting that kind of effort into the difficult decisions to be made.
RECESS~ By general consent the Council recessed for ten minutes. (7:40 p.m.)
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City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present with the exception of Council Member Daly. (8:00 p.m.)
Chairman Hunter reconvened the Anaheim Redevelopment Agency. (8:00 p.m.)
D1. 161: JOINT pUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL:
To consider a Third Amendment to the Disposition and Development Agreement by
and between the Anaheim Redevelopment Agency and Koll Anaheim Center
Associates, a California Limited Partnership, indicating the terms and
conditions of the sale of certain real property within Redevelopment Project
Alpha (subject property is roughly bounded by Lincoln Avenue, Anaheim and
Harbor Boulevards, Broadway, and Oak Street).
Agency and Council resolutions are proposed making certain environmental
findings with respect to the Third Amendment to the Disposition and Development
Agreement between the Anaheim Redevelopment Agency and Koll Anaheim Center
Associates as well as approving the Third Amendment to Disposition and
Development Agreement between the Anaheim Redevelopment Agency and Koll Anaheim
Center Associates. City Clerk Sohl announced that staff recommends a
continuance of the joint public hearing to Tuesday, August 13, 1991 at 5:00
p.m.
Mayor/Chairman Hunter asked if anyone was present to speak to the subject
agreement; there was no response.
MOTION: Council/Agency Member Simpson moved to continue the joint public
hearing to Tuesday, August 13, 1991 at 5:00 p.m. Council/Agency Member Pickler
seconded the motion. Council/Agency Member Daly was temporarily absent.
MOTION CARRIED.
ADJOURNMENT: By general consent the Redevelopment Agency meeting was
adjourned. (8:05 p.m.)
D2 176: PUBLIC HEARING - ABANDONMENT NO. 91-6A:
In accordance with application filed by Jim Gillen, Anaheim Redevelopment
Agency, a public hearing was held on proposed abandonment of a portion of those
certain easements located between Lemon Street and Clementine Street, one north
of Broadway and one north of Harbor Place (Koll Anaheim Center) pursuant to
Resolution No. 91R-215 duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
Report of the City Engineer dated June 18, 1991 was submitted recommending
approval of said abandonment.
Mayor Hunter asked if anyone wished to address the Council; there being no
response he closed the public hearing.
~NVIRONM~NTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Pickler, seconded by Council Member Hunter, 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 EIR. MOTION CARRIED.
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City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
Council Member Daly was temporarily absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-246)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-246 for adoption, approving
Abandonment No. 91-6A. Refer to Resolution Book.
RESOLUTION NO. 91R-246: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE VACATION AND ABANDONMENT OF THOSE CERTAIN EASEMENTS
LOCATED BETWEEN LEMON STREET AND CLEMENTINE STREET (KOLL ANAHEIM CENTER,
NO. 91-6A).
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Pickler, Ehrle and Hunter
None
Daly
None
The Mayor declared Resolution No. 91R-246 duly passed and adopted.
D3. 155: PU~$IC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 273 (PREV. CERT.),
AMENDMENT TO SPECIFIC PLAN NO. 87-1. DEVELOPMENT AREAS 1, 7, AND 11 AND
ORDINANCE NOS. 4860 AND 486% (CondStion Nos. 3 and 5):
OWNER: PRESLEY OF SOUTHERN CALIFORNIA ATTN: STEVEN K. RIGGS, 19
Corporate Plaza, Newport Beach, CA 92660
IX)CATION: DeveloPment Area 1. - Subject area consists of
approximately 137.5 acres generally bounded by the East Hills Planned
Community to the north, Sycamore Canyon Development Areas 1 and 3 to
the east, The Highlands at Anaheim Hills Development Areas 2 an 3 to
the south and the Deer Canyon Open Space Area to the west.
DeveloPment Area 7. - Subject area 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 ~aheim Hills
Development Area 8 to the east and The Highlands at Anaheim Hills
Development Area 10 to the south.
Development Area 11. - Subject area 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 Development
Area 12 to the south, and The Highlands at Anaheim Hills Development
Areas 8 and 10 to the northwest.
Request for an amendment to Ordinance No. 4860 pertaining to The
Highlands at Anaheim Hills Specific Plan (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 Development
Areas 7 and 11.
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
Request 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 SP No. 87-1 GRANTED (PC91-81) (7 yes votes).
EIR NO. 273 (Prev. Cert.) APPROVED.
Informational Item at the meeting of July 9, 1991, Item B1.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 26, 1991
Mailing to property owners within 300 feet - July 25, 1991
Posting of property July 26, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 17, 1991.
APPLICANT'S
STATEMENT:
Steven Riggs, Director of Project Development, Presley of
Southern California was present on behalf of the Presley Company.
Council Member Daly entered the Council Chambers. (8507 p.m.)
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 NO. 273 - CERTIFICATION: On motion by Council
Member Hunter, seconded by Council Member Ehrle, the City Council determined
that Environmental Impact Report No. 273 for Specific Plan No. 87-1 was
previously certified by the City Council on June 23, 1987 and addresses the
Environmental Impacts and mitigation measures associated with the development
of the Highlands at Anaheim Hills and, therefore, EIR No. 273 is adequate to
serve as the required Environmental documentation for the subject request.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-247)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-247 for adoption, amending
Specific Plan No. 87-1. Refer to Resolution Book.
RESOLUTION NO. 91R-247= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE SPECIFIC PLAN AND ADDING A CONDITION OF APPROVAL TO
SPECIFIC PLAN NO. 87-1 FOR THE HIGHLANDS AT ANAHEIM HILLS AND AMENDING
RESOLUTION NO. 87R-253 ACCORDINGLY.
Roll Call Vote:
YES:
COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5=00 P.M.
NOES: COUNCIL MEMBERS: None
ABSENT~ COUNCIL MEMBERS: None
The Mayor declared Resolution No. 91R-247 duly passed and adopted.
ORDINANCE NO. 5247 FOR INTRODUCTION=
Council Member Hunter offered Ordinance No. 5247 for first reading, amending
Ordinance Nos. 4860 and 4861, Condition Nos. 3 and 5.
ORDINANCE NO. 5247: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SECTION 18.70.030 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING
CONDITIONS OF APPROVAL TO ORDINANCE NO. 4861 RELATING TO SPECIFIC PLAN 87-1
ZONING (THE HIGHLANDS AT ANAHEIM HILLS).
D4. 155: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 273 (PREY. CERT.},
AMENDMENT TO SPECIFIC PLAN NO. 87-1t ORDINANCE NO. 4861 (CONDITION NO. 43):
OWNER: PRESLEY OF SOUTHERN CALIFORNIA, 19 Corporate Plaza, Newport
Beach, CA 92660.
LOCATION: Subject 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 Ave. to the southeast, The Highlands Road to the
northwest and further described at The Highlands at Anaheim Hills
Specific Plan (SP87-1) Park Site (Specific Plan document Exhibit No.
11A).
Request for an amendment to Ordinance No. 4861 (Condition No. 43)
pertaining to the completion date of the proposed 6 acre park site.
ACTION TAKEN BY THE PLANNING COMMISSION=
Amendment to SP No. 87-1 GRANTED (PC91-82) (7 yes votes).
EIR NO. 273 (Prey. Cert.) APPROVED.
Informational Item at the meeting of July 9, 1991, Item B2.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 26, 1991
Mailing to property owners within 300 feet - July 25, 1991
Posting of property July 26, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 17, 1991 and memorandum
dated May 14, 1991 from Chris Jarvi, Director of Parks, Recreation and
Community Services Department.
APPLICANT'S
STATEMENT:
Steve Riggs, Presley of Southern California. They requested a
three-year extension from the time of the 201st building permit
which occurred in October, 1989. The Planning Commission
shortened that. They need to have the park completed by
December 31, 1991. They believe they could do that and do not
have any real objection to the Planning Commission action.
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City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
Mayor Hunter opened the public hearing and asked to hear from anyone who wished
to speak.
Chris Herms, 1083 Mountvale, homeowner in The Highlands. This has been a long
time coming and finally at a point where they might be able to move forward.
He urged the Council to vote as the Planning Commission did in order to
expedite the park. He continued that someone should be 'watching the store'.
The final plans need to get done. Grading permits are ready but the final
drawing of plans are only 80% complete. They want their park.
Chris Jarvi, Director of Parks, Recreation and Community Services. They could
not start on the development of the plans until they knew what the disposition
of 'Herbst Hill'. The design was started in November of 1990 and is about 75%
complete. They expect to complete the plans by September 1, 1991 and award the
project on September 10, with park construction to commence September 20,
1991. He feels the department can meet the deadlines that were established.
He confirmed that the April or May date 1992 is realistic for completion of the
park.
COUNCIL ACTION: There being no further persons who wished to speak, Mayor
Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT NO. 273 - CERTIFICATION: On motion by Council
Member Pickler, seconded by Council Member Ehrle, the City Council determined
that Environmental Impact Report No. 273 for Specific Plan No. 87-1 was
previously certified by the City Council on June 23, 1987 and addresses the
Environmental Impacts and mitigation measures associated with the development
of the Highlands at Anaheim Hills and, therefore, EIR No. 273 is adequate to
serve as the required Environmental documentation for the subject request.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-248)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-248 for adoption, amending
Specific Plan No. 87-1. Refer to Resolution Book.
RESOLUTION NO. 91R-248: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE SPECIFIC PLAN AND ADDING A CONDITION OF APPROVAL TO
SPECIFIC PLAN NO. 87-1 FOR THE HIGHLANDS AT ANAHEIM HILLS AND AMENDING
RESOLUTION NO. 87R-253 ACCORDINGLY.
Roll Call Vote:
AYES~
NOES~
ABSENT:
COUNCIL MEMBERS~
COUNCIL MEMBERS~
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-248 duly passed and adopted.
528
City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
ORDINANCE NO. 5248 FOR INTRODUCTION:
Council Member Pickler offered Ordinance No. 5248 for first reading, amending
Ordinance No. 4861, Condition No. 43.
ORDINANCE NO. 5248: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE NO. 4861 RELATING TO SPECIFIC
PLAN 87-1 ZONING.
D5. 155: CONTINUED PUBLIC HEARING. ENVIRONMENTAL IMPACT REPORT NO. 305,
WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3423, TENTATIVE PARCEL
MAP NO. 85-159:
OWNER: CITY OF ANAHEIM, c/o Robert Zur Schmiede, 300 S. Harbor Blvd.,
ate. 900, Anaheim, CA 92805.
AGENT: CULBERTON, ~2)AMS, AND ASSOCIATES, 85 Argonaut, Ste. 220, Aliso
Viejo, CA 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,
minimum structural setback, maximum wall height and minimum number of
required parking spaces.
To establish a 5-lot commercial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP 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.
EIR NO. 305 APPROVED.
HEARING SET ON=
This matter was appealed by Robert Zur Schmiede, Property Services Manager and
public hearing scheduled and continued from the City Council meeting of July 9,
1991, to this date as requested by staff due to the need for re-advertisement
of new waivers.
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
PL~NNING STAFF INPUTs
See Staff Report to the Planning Commission dated June 17, 1991.
Rob Zur Schmiede, Property Services Manager. The original purpose of the
appeal from the Planning Commission had to do with the Planning Commission's
imposed 60-foot structural setback from Weir Canyon Road. The request per the
plan that was submitted, in two locations, went beyond that at 40-feet and
25-feet respectively. Further, staff worked on additional changes to the plan
with the homeowners that resulted in two additional waivers - minimum required
parking and maximum wall height. The developer submitted a study to the City's
Traffic and Transportation Manager which indicates the number of spaces
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
provided with a 50-space shortfall to be more than adequate given the mix of
uses. The report was submitted and approved. The wall height waiver has to do
with the boundary of the project adjacent to the single-family homes that abut
Woodsboro Avenue. With the concurrence of the homeowners, a plan has been
worked out to provide additional yard area which would be landscaped and a
buffer wall separating the rear yards from the project. The appeal from the
Planning Commission condition is required for a couple of reasons. The site is
currently much lower than surrounding street grades. The project would bring
that up significantly but there would still be a fairly significant site lower
than surrounding streets. The two locations which dropped below 60-feet are
isolated and there is a significant landscaped setback that remains.
The area shown on the plan is referred to as Parcel A. The vacant site to the
west is owned by the County of Orange. There have been continuing discussions
with the County about incorporating that into the site. The County is
interested in doing so. Staff is continuing to work with the County to try to
incorporate that into the Shorb Wells site. If they are unable to do so, staff
proposes to build the project as shown. Answering Council Member Daly, he
stated that the County has indicated the property is available but have
indicated a desire to land lease the area and it is difficult to finance a land
lease project. If they are unable to do so, they will propose that the County
sell the land. However, the County is looking for a long-term revenue stream.
Mayor Hunter opened the public hearing.
Bill Tarashi, 1201 N. Melanie, Representing the neighborhood. He referred to a
letter previously sent to Mr. Zur Schmiede which outlines some of the things
they would like to finish the neighborhood area mostly landscaping and the
abandonment of old La Palma, east of Jennifer Drive.
Rob Zur Schmiede. The Council does not have that letter. It contains
additional proposed conditions that he will be presenting to the Council at the
close of the public comment period which are basically the result of
discussions with the neighborhood. Staff is in support of all the conditions.
Bill Tarashi. Another thing for the public record, the Planning Commission
report stated that at the final Planning Commission hearing, there was one
concerned citizen and one who objected to the project but there was no
documentation. They submitted a letter dated May 22, 1991 to Rob Zur Schmiede
Chat went C0 the Planning Commission that was in response to the EIR which had
many comments on the site plan. Those comments were never responded to. He
wanted to be sure it is a matter of public record (he submitted letter dated
May 22, 1991). They have settled everything except the twenty-four hour
operation of the service station and the fast food drive-through restaurant
which is something they are opposed to and something the developer said he has
to have in order for the project to go. The neighbors are not saying they
would make it a contingency for the Council to approve the site plan but they
want to get a dialogue started. There is nothing like this in their
neighborhood and is something they do not want to see happen.
Rob Zur Schmiede. He believes they have covered all the neighborhood
concerns. There are additional conditions he would like to read with the
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City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991. 5:00 P.M.
exception of the twenty-four hour operation of the service station. One of the
concerns about the service station was the possibility of a subsequent
conditional use permit for on sale beer and wine. The developer and staff are
prepared to eliminate that possibility with an additional condition. However,
the twenty-four hour operation is one the developer has indicated would be
difficult to live without. Staff is not recommending restriction of the
twenty-four hour service station operation. The condition relative to beer and
wine is as follows= "That there should be no sale of beer, wine or other
alcoholic beverages of any kind on the premises, unless a conditional use
permit is approved authorizing such use." What they are proposing to do is to
modify that condition to prohibit the sale of beer, wine or alcoholic beverages
of any kind on the premises relating to the service station. The main anchor
tenant could be a grocery store and they could have beer and wine sales but not
the twenty-four hour service station. The minutes of the Planning Commission
meeting of June 17, 1991, Planning Commission Resolution No. PC91-84 and all
documentation and oral evidence presented at that meeting is before the Council
for consideration. Staff recommends approval of the appeal as presented but
with four additional conditions as negotiated with the residents (he read the
four additional conditions into the record which were submitted in hard copy
and also made a part of the record).
Bill Tarashi. The issue is relative to the twenty-four hour drive-through
restaurant and twenty-four hour service station. They discussed hours of
operation being possibly 6:00 a.m. until 11:00 p.m. and perhaps longer on the
weekend. Their area has nothing like that. Carl's Jr. is approximately 2 1/2
miles west and it is an all nighter on Friday and Saturday nights. The
residents do not believe there should be a duplicate of that situation in their
area.
After further Council discussion relative to a possible modification regarding
the twenty-four hour operation, Council Member Daly asked if this would be the
last time the project would be before the Council.
Rob Zur Schmiede. There are several actions the Council will be taking. The
existing negotiation agreement on this site had expired and there will be a new
negotiation agreement coming to the Council in about two meetings. There would
be a subsequent entitlement action on the County parcel if it occurs. It could
be a new CUP or a modification of the existing CUP if the County portion is
added.
Annika Santalahti, Zoning Administrator. If the Council wants to be sure to
see it as the whole project, they could do a new CUP. The timing would be
identical. It could be a separate one or a new one to encompass the entire
site.
Eleanor Egan, Assistant City Attorney. She would recommend the Council not
grant a CUP tonight planning to add conditions later.
John Petrie, Representing Sanderson J. Ray Development, the property owner.
They have worked very well with both the City and the Homeowners Association to
work out an agreeable compromise with regard to the development. He is not
exactly sure what is being stated in terms of the twenty-four hour operation
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991r 5:00 P.M.
and is also not sure how adamant he is about it. However, if the Council is
go£ng to be establishing hours of operation, this has come up as a new
restriction on the operational aspects of the project. He would like to have
the ability to do some research and come back rather than have an arbitrary
decision made tonight.
Rob Zur Schmiede. He suggested that the matter be continued. One of the
reasons they did not feel a twenty-four hour operation was of major concern on
the fast food and the gas station, they are fairly far removed from the
single-family homes with a completely separate entrance from major arterials
with no through traffic. Also, there is significant building mass between the
source of any noise that would take place. They have met with the Homeowners
Association for over a year and worked through a number of the issues. It is
somewhat of a surprise that the homeowners would request that tonight, but they
would be more than happy to go back and hold additional discussions and bring
it back as a continued item. He asked, however, if it would be possible to
certify the EIR this evening.
Eleanor Egan. The Council could take that action but not approve the
resolution on the conditional use permit at this time.
Mr. Zur Schmiede suggested a two week continuance~ Mr. Petrie stated they have
no problem with two weeks.
MOTION: Council Member Hunter moved to continue the public hearing on the
subject project for two weeks to Tuesday, August 20, 1991. Council Member Daly
seconded the motion. MOTION CARRIED.
D6. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3409 AND NEGATIVE DECLARATION:
OWNER: GOVIND BHJAKTA and SUMATI, 3351 W. Lincoln Ave., Anaheim, CA
92806
AGENT: D. W. KIMMEL, 1142 N. Brookhurst, $126, Anaheim, CA 92806
LOCATION/REQUEST: The property is located at 3351 West Lincoln Avenue
and is approximately 0.71 acres located on the north side of Lincoln
Ave. and approximately 975 feet east of the centerline of Knott
Street.
The request is 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~
CUP NO. 3409 GKANTED (PC91-86) (7 yes votes).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Council Members
Pickler and Daly at the meeting of July 9, 1991 and public hearing scheduled
.this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 26, 1991
532
City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
Mailing to property owners within 300 feet - July 25, 1991
Posting of property July 26, 1991
PLANNING STAFF INPUTs
See Staff Report to the Planning Commission dated June 17, 1991.
Council Member Daly~ His concerns are the requested waivers and the
expansion. He is not sure the area is suitable for a larger motel property.
Council Member Pickler: He shares the same concerns.
APPLICANT'S
STATEMENT:
Don Kimmel, 1142 N. Brookhurst, Anaheim. They are just trying to
upgrade the property. It is the existing owner and an existing
18-unit motel. His business is good enough that the owner wants
to expand. It is going to be renovated and 24-units added to the
existing eighteen. What they had approved was the 4-foot, 6-inch
landscape which is identical to what is already on th® east side
of the property line. They could always take two rooms off the
back to give an extra 22-foot setback on the second story which
would give 44-feet instead of 46-feet.
Annika Santalahti, Zoning Administrator. The RSA Zoning they are
abutting is a mobile home park. If it was commercial, it would
not be an issue but it is residentially zoned. To get a building
height of 23-feet, they would have to have 46-foot setback. She
believes that waiver pertains to two property lines including the
long property line. It would be very difficult to comply with
that code standard since the property is only 100-feet wide.
Council Member Pickler. It is trying to put too much into an
area that does not warrant it.
Don Kimmel. The owner is willing to take two rooms off the top
to give an extra 22-feet of side yard setback. That would give
23-feet of setback on the first and 46-feet on the second floor
reducing it to 22-units. They are willing to do that and give an
extra 5-feet of setback and reduce the rooms going east and west
by 1-foot each to give the extra 5-feet of landscape if they want
to.
Annika Santalahti. She was incorrect in what she had stated.
She was picturing the building along the east side and it'is
along the west side and the north. If they did make reductions
it would not have a huge impact but would affect a unit or two.
If the Council wanted to approve the project with the suggestion
made by Mr. Kimmel, they could still leave the unit count but it
would be conditioned with that setback being put in; hence, a
potential reduction in the number of units.
Don Kimmel. It would be a two unit reduction and they would then
be within 1-foot of the code. Where the building sits now, if
533
City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
they increase the side yard setback to 23-feet and go one story
13-feet high, they would actually be 2-feet short on the one
story, take off two units on the second floor which would be
another 22-feet thus giving a side yard setback of 45-feet in
lieu of the 46-feet.
Mayor Hunter opened the public hearing.
Mr. George Brott, 3306 W. Glen Holly, Anaheim. He is remote from this area but
he does not believe that the Planning Department or the Council have taken a
good look at the whole area. He then expressed concern relative to the
deterioration that he feels is taking place in West Anaheim along with
proliferation of apartments and motels. He is fighting for the area. The
subject area is a bad area and is getting worse. He objects to the
proliferation of the type of environment that is contributing to the
deterioration of the area.
Council Member Pickler. He agrees that it is a bad area and needs to be
cleaned up and the proposed project will keep adding to the existing problems.
Council Member Daly. He feels it was a mistake to allow the motel to be built
in 1968 and it would be a mistake now to expand the motel. Motels should be
confined to the commercial recreation area. The owner is entitled to fix up
his property but he is adamantly opposed to any expansion.
Govind Bhjakta. He is the owner and has been with the business since 1973.
Since 1976 it has been a triple AAA motel. He suggested that their records be
checked with the Police Department. They should not be compared with other
people and situations. Across the street there are 300 or more apartments and
it is an all together different matter. If they check with the mobile home
park, they would find the park is very happy with the business because he takes
care of his business. To maintain triple AAA is very difficult.
Council Member Pickler. What he is saying if the owner has been there since
the 70s', it does not look very good.
Council Member Ehrle. The motel is not going to go away. The gentleman is
saying he is willing to come within 12" of the code. If he is not able to
improve the motel, it will only deteriorate.
COUNCIL ACTION: Mayor Hunter 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. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-249)
534
City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 6, 1991, 5:00 P.M.
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-249 for adoption, granting
Conditional Use Permit No. 3409 subject to City Planning Commission conditions
with the additional conditions as stipulated by the developer reducing the unit
count to twenty-two and increasing the side yard setback as articulated by
Mr. Kimmel during the hearing. Refer to Resolution Book.
RESOLUTION NO. 91R-249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3409.
Roll Call Vote~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle and Hunter
Daly and Pickler
None
The Mayor declared Resolution No. 91R-249 duly passed and adopted.
RECESS - CLOSED SESSION: By general consent the Council recessed into Closed
Session. (8:55 p.m.)
AFTER RECESS: The Mayor called the meeting to order all Council Members being
present. (9:05 p.m.
ADJOURNMENT: By general Council consensus, the Council adjourned the August 6,
1991 meeting to Friday, August 9, 1991, at 8:00 a.m., for the purpose of a
closed session to be held in the 6th floor conference room of the Civic
Center. (9:06 p.m.)
LEONORA N. SOHL, CITY CLERK
535