1991/12/10City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann Sauvageau
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
PUBLIC WORKS/ENGINEERING-ADMIN SRVCS COORDINATOR: Greg Trombley
TRAFFIC & TRANSPORTATION MARAGER: John Lower
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:10 p.m. on December 6, 1991 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the workshop portion of the meeting of December 10, 1991 to
order at 3:07 p.m.
City Manager James Ruth. The workshop presentation today involves the People
Mover Project Study which the City Council funded and which was recently
concluded. The Director of Public Works and City Engineer, Gary Johnson has
headed the project along with Greg Trombley, Administrative Services
Coordinator in the Public Works/Engineering Department who will make the
presentation on the conclusions of the first phase of the subject study.
173: PEOPLE MOVER PROJECT STUDY: Gary Johnson, Director of Public Works and
City Engineer. There will be a brief presentation by the consultants who did
the study along with comments from staff. He introduced Greg Trombley who was
the Project Manager for this project.
Greg Trombley, Administrative Services Coordinator and Project Manager for the
People Mover Project Study. The project was done in February and staff has
subsequently held two meetings with the Business Advisory Committee and
Technical Advisory Committee. He then introduced Craig Miller, Kimley-Horn and
Associates, Inc., Consultants.
Craig Miller, Kimley-Horn and Associates. He first named the companies who
assisted in the study naming the representatives from each of those companies
who were present in the Chamber audience. (See summary of Technical Memoranda
- Anaheim People Mover System Phase I Implementation Program prepared for the
City of Anaheim - made a part of the record.) The study was initiated with
several goals, the key words being preliminary financial feasibility. He then
briefed the Council on Phase I goals, the most important being to develop an
implementation strategy containing a conceptual strategic financing plan for
implementation of the system. Supplemented by slides, Mr. Miller briefed
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
portions of the Phase I Implementation Program Summary - alignment alternatives
which were explored, a summary of options, slides showing fixed guideway
stations in tandem with a people mover system, system goals, system benefits
(traffic, environment and economic benefits as well as user benefits),
developer interest, etc. He concluded that A.G.T. (Automated Guideway Transit
is needed and is marginally feasible if the State revolving fund is accepted,
C-R area tax increment fees materialize, the area-wide parking tax is
implemented and/or windfall grant materializes. He also briefed critical
triggering factors, i.e., wait until major C-R area development, Disney
expansion, Stadium area development and the Orange County guideway.
Greg Trombley. Staff is in concurrence with the consultants and peer group
committee that no type of Phase II study is warranted at this time. One of the
triggering mechanisms needs to come into play in order to go forward with a
full blown Phase II study which will be provided by the consultant when that
becomes necessary. What they would be looking at in the future would be a
phased incremental type approach. Mr. Trombley then briefed staff's three
major recommendations relative to the People Mover System, the first of which
included continuing the overall planning efforts for a future area-wide system
and the subsequent steps that would need to be taken.
Council Members then posed questions relative to the financing structure for
the system, whether such a system would eliminate the need for building
additional parking structures in the C-R - Stadium area, etc. Questions were
answered by staff members Trombley and John Lower, Traffic and Transportation
Manager as well as Mr. Miller.
Mayor Hunter thanked all those present, the consultant and staff members, for
the informative presentation.
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. Admiral Insurance Company et al., Orange County
Superior Court Case No. 53-16-60.
City of Anaheim vs. Ertzen, et al. SCV$ 24-64-02.
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.
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City Hallt Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991t 5:00 P.M.
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.
f. (Added to Redevelopment Agency Closed Session Items) To meet with
the City's designated negotiator concerning disposition of certain
real property owned by Southern Plastic Mold, 2941 E. La Jolla,
Anaheim.
Council Member Hunter moved to recess into Closed Session, Council Member Ehrle
seconded the motion. MOTION CARRIED. (3:40 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. (5:58 p.m.)
INVOCATION: A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
Points of Light Day in Anaheim, December 11, 1991
119: DECLARATION OF RECOGNITION: A Declaration of Recognition and
Appreciation was unanimously adopted by the City Council to be mailed or
presented to Gilbert R. Waterworth on his retirement for the City after serving
the City for over 29 years in the Street Maintenance Department.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition and
Appreciation was unanimously adopted by the City Council to be mailed or
presented to Raymond W. Radford upon his retirement from the City after serving
the City for over 29 years in the Fire Department.
Mayor Hunter and Council Members commended Mr. Waterworth and Mr. Radford for
their dedicated service to the Anaheim Community.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,373,477.15 for the
period ending December 6, 1991, in accordance with the 1991-92 Budget, were
approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:59 p.m.)
Mayor Hunter reconvened the City Council meeting. (6:00 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10~ 1991, 5=00 P.M.
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-327 through 91R-330, both inclusive, for adoption
and Ordinance No. 5280 for first reading. Refer to Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCES= The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution Nos.
91R-327 through 91R-330, both inclusive, for adoption and Ordinance No. 5280
for first reading.)
Council Member Hunter moved to waive the reading in full of the resolutions and
ordinances. Council Member Daly seconded the motion. MOTION CARRIED.
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 Roger & Heidi Flude for property damage sustained
purportedly due to actions of the City on or about October 26, 1991.
b. Claim submitted by Marion & Betty Brouwer for property damage
sustained purportedly due to actions of the City on or about November 1, 1991.
c. Claim submitted by Mrs. Ray Dailey for property damage sustained
purportedly due to actions of the City on or about November 3, 1991.
d. Claim submitted by James A. & Karen L. Napolitano for property damage
sustained purportedly due to actions of the City on or about June 13, 1991.
A2. 107= Receiving and filing the Statistical Report Summary ending
October 31, 1991, as submitted by the Building Division.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held November 13, 1991.
A3. 135= Approving a Notice of Completion of the construction of the H.G.
mDad# Miller Clubhouse by J.L. Etheridge Construction Company, and authorizing
the Mayor to sign and the City Clerk to file said Notice of Completion.
A4. 150= Awarding the contract to the lowest and best responsible bidder,
Building Energy Consultants, for Stoddard Park Security Lighting, in the
amount of $29,300~ and in the event said low bidder fails to comply with the
terms of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
AS. 150= Awarding the contract to the lowest and best responsible bidder,
J.H. Rives Company, for Pearson Park Restrooms, Checkout Building, and Water
Vault Replacement, in the amount of $244,707.95~ and in the event said low
bidder fails to comply with the terms of the award, awarding the contract to
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
the second low bidder, as well as waiving any irregularities in the bids of
both the low and second low bidders.
A6. 169: Approving a Notice of Completion of the construction of Federal
Demonstration Project No. 2 - Closed Circuit Television, by Steiny and
Company, Inc., and authorizing the Mayor to sign and the City Clerk to file
said Notice of Completion.
A7. 123: Approving three agreements with Concurrent Computer Corporation, in
an annual aggregate amount of $36,902.16 for the term of July 1, 1991, through
June 30, 1992, to extend maintenance and support on the 3212 Processor
Computer System hardware, the Microthree Processor Computer System hardware,
and the Standard System Software for the Traffic Management System.
AS. 123: Approving a Pole and Conduit License Agreement with Pacific Bell,
which permits the use of Pacific Bell space on the City's utility poles
(throughout the City) by the Traffic Engineering Division, and authorizing the
City Manager to execute said License Agreement.
A9. 123: Approving Addendum No. 7 to the agreement with Hellmuth, Obata &
Kassabaum, Inc., (HOK), in the amount of $6,160; and approving Addendum No. 8
to the agreement with HOK, in the amount of $13,500 for design of the Anaheim
Arena.
Council Member Pickler voted no on this item.
Al0. 113: RESOLUTION NO. 91R-327: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENTS TO THE CONFLICT OF INTEREST CODE FOR THE
CITY OF ANAHEIM (effective January 1, 1992).
All. 175: Approving the proposal from Robert Bein, William Frost &
Associates, for a fee not to exceed $24,100 to provide consulting engineering
services for the Lenain Filtration Plant Process Upgrading Report review.
Al2. 153: Authorizing the Human Resources Director to execute agreements for
the acquisition of labor and services for temporary personnel relief.
Al3. 153: RESOLUTION NO. 91R-328: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION (to create additional
classifications of helicopter pilots).
Al4. 123: Approving a Second Amendment to Agreement with Safety Management
Consultants, at $325 per day, with a not-to-exceed annual cost of $75,075 for
professional safety management services.
Al5. 158: RESOLUTION NO. 91R-329: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN OFFER OF DEDICATION OF PROPERTY ALONG THE NORTH
AND WEST SIDES OF 7585 MARTELLA LANE, FROM MR. & MRS. DON STOLO, FOR A RIDING
AND HIKING TRAIL EASEMENT.
Al6. 106: Approving the use of Council Contingency Funds, in the amount of
$15,504 to sustain the operation of the Feedback Foundation, TLC program.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
123: Approving an Agreement with Feedback Foundation, Inc., dba: Project TLC,
to provide nutritional and social services to senior citizens at designated
sites in the community.
Al7. 108: ORDINANCE NO. 5280 - (INTRODUCTION}: AMENDING SECTION 2.12.010 OF
CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE TO INCREASE THE TRANSIENT
OCCUPANCY TAX BY 2 PERCENT; .06 PERCENT TO BE EFFECTIVE FEBRUARY 1, 1992; AND
1.4 PERCENT TO BE EFFECTIVE DECEMBER 1, 1993.
A18. 124: (i) Certifying that the City Council has reviewed and considered
the information contained in Final Supplemental EIR No. 310 (A Supplement to
Final EIR No. 284), (ii) adopting by reference those certain findings
concerning the significant environmental effects of the Convention Center
Betterment IV Expansion Project, including the Statement of Overriding
Considerations and findings relating thereto, as set forth in Community Center
Authority Resolution No. CCA-159, and (iii) adopting the Mitigation Monitoring
Program, including all mitigation monitoring measures to be performed by the
City of Anaheim, as set forth in Attachment A of said Resolution No. CCA-159.
City Manager Ruth stated that staff is recommending one week continuance on
this item. It will again be submitted to the Council on the December 17, 1991
agenda.
RESOLUTION NO. 91R-330: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE
FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT, AND OFFICIAL NOTICE OF SALE AND AN OFFICIAL BID
FORM, IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION
RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT
THERETO.
Roll Call Vote on Resolution Nos. 91R-327 through 91R-330:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Resolution Nos. 91R-327 through 91R-330, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 18t 1991t
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 10, 1991:
B1. 179: VARIANCE NO. 4150 AND NEGATIVE DECLARATION, TENTATIVE PARCEL MAP NO.
90-349:
OWNER: WILLIAM N. KINCANNON AND PATRICIA KINCANNON, 2022 Heliotrope
Drive, Santa Ana, CA 92706.
AGENT: ANACAL ENGINEERING CO., ATTN: Dennis Poncid and N. Scott
Jewitt, 1900 E. La Palma Ave., Ste. 20, Anaheim, CA 92705.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
LOCATION: 346 Peralta Hills Drive. Property is approximately 1.89
acres located on the west side of Peralta Hills Drive and
approximately 480 feet south of the centerline of Santa Ana Canyon
Road.
Waiver of minimum lot area to establish a 2-lot, RS-HS-43,000 (SC)
single family subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4150 GRANTED (PC91-185) (5 yes votes, 1 no vote, and 1
absent).
Tentative Parcel Map No. 90-349 (Rev. No. 1) APPROVED (appeal period
expired 12/2/91).
Approved Negative Declaration.
B2. 134: GENERAL PLAN AMENDMENT NO. 322, RECLASSIFICATION NO. 91-92-06,
WAIVER OF CODE REQUIREMENTt CONDITIONAL USE PERMIT NO. 3461r TENTATIVE TRACT
MAP NO. 14575 AND NEGATIVE DECLARATION:
OWNER: LUNDAR AND ELIZABETH YUH, 4400 MacArthur Blvd. ~900, Newport
Beach, CA 92660.
AGENT: NEWPORT PACIFIC DEVELOPMENT, 4400 MacArthur Blvd. ~900,
Newport Beach, CA 92660.
LOCATION: 3253 West Ball Road. Property is approximately 0.48 acres
located on the north side of Ball Road and approximately 350 feet east
of the centerline of Oakhaven Drive.
Petitioner requests an amendment to the Land Use Element of the
General Plan redesignating the property from the existing Low Density
Residential designation to the Low-Medium Density Residential
designation.
For a change in zone from the RS-A-43,000 (Residential-Agriculture)
zone to the RM-2400 (Residential, Multiple-Family) zone, or a less
intense zone.
To establish a 1-lot, 9-unit, 'affordable', RM-2400 condominium
subdivision with waiver of minimum site area per dwelling unit,
maximum structural height and minimum front yard setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA NO. 322 GRANTED (PC91-186) (5 yes votes, 1 abstained, and 1
absent).
Reclassification No. 91-92-06 GRANTED (PC91-187).
CUP NO. 3461 GRANTED (PC91-188).
Waiver of code requirement APPROVED.
Tentative Tract Map No. 14575 APPROVED (appeal period expired
12/2/91).
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
B3. 179: VARIANCE NO. 4156, CONDITIONAL USE PERMIT NO. 3253 - REQUEST FOR
APPROVAL OF INTEGRATED SIGN PROGRAM CATEGORICALLY EXEMPT, CLASS 11:
OWNERS: CENTER PARK INVESTMENTS N.V., 333 City Boulevard West, ~501,
Orange, CA 92668.
AGENT: DeBEIKES INVESTMENT CO., 2300 Michelson Drive, ~200, Irvine,
CA 92715.
LOCATION: 1521 North Imperial Highway. Property is approximately 4.4
acres located north and west of the northwest corner of La Palma
817
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
Avenue and Imperial Highway.
Waiver of A) permitted shopping center identification signs, and B)
maximum number of wall signs to construct two, 76 square-foot monument
signs and five wall signs in conjunction with a previously approved
commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4156 GRANTED, IN PART, (PC91-189) eliminate waiver A;
waiver B amended to two signs only (6 yes votes, i absent).
APPROVED request for approval of integrated sign program - CUP NO.
3253.
B4. 179:
CONDITIONAL USE PERMIT NO. 3472, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: SAVI RANCH ASSOCIATES, 450 NEWPORT CENTER DRIVE, ~304, NEWPORT
BEACH, CA 92660
LOCATION: SAVI RANCH BUSINESS PARK. Property is approximately 50.1
acres, located north of the Riverside (91) Freeway and west of Weir
Canyon Road.
To permit four off-site traffic circulation signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3472 GRANTED, for two years, to expire 11/18/93 (PC91-190) (6
yes votes, and 1 absent).
B5. 179: CONDITIONAL USE PERMIT NO. 3469 AND NEGATIVE DECLARATION:
OWNERS: WILLIAM A. COUCH, P.O. Box 3101, Newport Beach, CA 92663.
AGENT: K.F.F. MANAGEMENT, INC., 3280 CAHUENGA BLVD., LOS ANGELES, CA
90068.
LOCATION: 2144 South Harbor Boulevard. Property is approximately
0.55 acre located on the east side of Harbor Boulevard and
approximately 500 feet south of the centerline of Orangewood Avenue.
To permit a drive-through lane addition to an existing fast food
restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3469 GRANTED (PC91-191) (6 yes votes, and 1 absent).
Approved Negative Declaration.
End of the Planning Commission Items.
B6/B7/B8. 179: ORDINANCE NOS. 5275 THROUGH 5277, BOTH INCLUSIVE, FOR
ADOPTION:
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 5275 through 5277, both inclusive, for
adoption.)
Council Member Hunter moved to waive the reading in full of the ordinances.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5275 for adoption, amending Title
18 to rezone property under Reclassification No. 89-90-34, located at 625 N.
Valley Street (Brookhollow Apartments) from the RS-A-43,000 zone to the RM-1200
zone; Ordinance No. 5276 for adoption, amending Title 18 to rezone property
under Reclassification No. 91-92-04, located at 155 S. Adams Street, from the
RS-A-43,000 zone to the ML zone and Ordinance No. 5277 for adoption, amending
818
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
Title 18 to rezone property under Reclassification No. 90-91-30, located at
711 E. Sycamore Street, from the RS-A-43,000 zone to the ML zone. Refer to
Ordinance Book.
ORDINANCE NO. 5275: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 89-90-34, located at 625 N. Valley Street (Brookhollow
Apartments) from the RS-A-43,000 zone to the RM-1200 zone.
ORDINANCE NO. 5276: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 91-92-04, located at 155 S. Adams Street, from the
RS-A-43,000 zone to the ML zone.
ORDINANCE NO. 5277: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 90-91-30, located at 711 E. Sycamore Street, from the
RS-A-43,000 zone to the ML zone. (Introduced at the meeting of December 3,
1991, Item Bll.)
Roll Call Vote on Ordinance Nos. 5275 through 5277, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Ordinance Nos. 5275 through 5277, both inclusive, duly
passed and adopted.
B9. 179: AMENDING SPECIFIC PLAN NO. 88-3 - PACIFICENTER ANAHEIM (FORMERLY
SANTA FE PACIFIC PLAZA):
WAIVER OF READING - RESOLUTION/ORDINANCE: The titles of the following
resolution and ordinance were read by the City Manager. (Resolution
No. 91R-331 and Ordinance No. 5278)
Council Member Hunter moved to waive the reading in full of the resolution and
ordinance. Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-331 for adoption, amending
Specific Plan No. 88-3 for Pacificenter Anaheim (formerly Santa Fe Pacific
Plaza) and amending Resolutions No. 89R-59 and 89R-60 accordingly. Refer to
Resolution Book.
RESOLUTION NO. 91R-331: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SPECIFIC PLAN NO. 88-3 FOR PACIFICENTER ANAHEIM (FORMERLY
SANTA FE PACIFIC PLAZA) AND AMENDING RESOLUTIONS NO. 89R-59 AND 89R-60
ACCORDINGLY.
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City Hall, Anaheimt California - COUNCIL MINUTES - DECEMBER 10t 1991~ 5:00 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Resolution No. 91R-331 duly passed and adopted.
ORDINANCE NO. 5278 - (ADOPTION): Amending Sections 18.73.030, 18.73.020.100,
and 18.73.110 of Chapter 18.73 of Title 18 of the Anaheim Municipal Code
relating to Specific plan 88-3 and amending Ordinances No. 5045, 5046 and 5207
accordingly (Pacificenter Anaheim, formerly Santa Fe Pacific Plaza).
Council Member Hunter offered Ordinance No. 5278 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5278= AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SECTIONS 18.73.010, 18.73.020-100 AND 18.73.110 OF CHAPTER 18.73 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN 88-3 AND
AMENDING ORDINANCES NO. 5045, 5046 AND 5207 ACCORDINGLY (PACIFICENTER ANAHEIM,
FORMERLY SANTA FE PACIFIC PLAZA).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Ordinance No. 5278 duly passed and adopted.
B10. 155: AMENDING SPECIFIC PLAN NO. 87-1 - THE HIGHLANDS AT ANAHEIM HILLS:
WAIVER OF READING - RESOLUTION/ORDINANCE: The titles of the following
resolution and ordinance were read by the City Manager. (Resolution
No. 91R-332 and Ordinance No. 5279.)
Council Member Pickler moved to waive the reading in full of the resolutions
and ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-~32 for adoption, amending
Specific Plan No. 87-1 for the Highlands at Anaheim Hills and amending
Resolution No. 87R-253 accordingly. Refer to Resolution Book.
RESOLUTION NO. 91R-332: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING 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, Ehrle, Pickler, Daly and Hunter
None
None
820
City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
The Mayor declared Resolution No. 91R-332 duly passed and adopted.
ORDINANCE NO. 5279 - (ADOPTION): Amending Section 18.70.030 of the Anaheim
Municipal Code relating to Specific Plan 87-1 zoning (The Highlands at Anaheim
Hills).
Council Member Pickler offered Ordinance No. 5279 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5279: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SECTION 18.70.030 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC
PLAN 87-1 ZONING (THE HIGHLANDS AT ANAHEIM HILLS).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler, Daly and Hunter
None
None
The Mayor declared Ordinance No. 5279 duly passed and adopted.
ITEM Bll FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 27, 1991 - DECISION
DATE: DECEMBER 5~ 1991~ INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 16~
1991:
Bll.
179: ARCADE PERMIT NO. 1011 - LUCKY JOHN'S ANAHEIM:
REQUESTED BY: J.H. JOHNSON, 21081 Red Jacket Cir., Huntington Beach,
CA 92646.
LOCATION: 3478 E. Orangethorpe Avenue (Lake Center Shopping Center)
To permit 15 amusement devices.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Arcade permit No. 1011 APPROVED (ZA91-55).
Submitted was decision of the Zoning Administrator - ZA91-55 dated December 5,
1991 approving Amusement Arcade Permit No. 1011.
This item was then deferred until later in the meeting in order to have file
information available for discussion.
Later in the meeting (6:25 p.m.), Annika Santalahti, Zoning Administrator
confirmed for Council Member Daly that the location is a strip commercial
center and Lucky Johns is one of the tenants within the building of
approximately 10 tenants (later confirmed to be 20 tenants). Notices were sent
to the businesses in the center as well as to residents. It is a recently
approved use permit for J & L Sports Bar and Grill. There were two opposition
communications made from the residential area - Mr. Handy at 206 Salk Way and
Mrs. Chef, 1139 Curie Lane but significantly less than the number of notices
that were sent out. In the CUP application, the business was identified as
J & L Sports Bar and Grill and Lucky Johns is the name they used for this
particular application. The applicant's name is the same as for the CUP.
Council Member Daly. He is going to ask for a hearing relative to this permit,
his rationale being he feels there should be a time element placed on the
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City Hall~ Anaheim, California - COUNCIL MINUTES - DECEMBER 10~ 1991~ 5=00 P.M.
permit. Council Member Pickler concurred in setting a hearing as well as being
the general Council consensus.
Council Member Pickler. He feels that relative to requests for arcade permits,
that a number of people do complain/oppose. The Council in adopting the
present ordinance has provided that there be 50% in opposition in order to deny
an application and he feels that is too much. These type of operations in
small strip centers next to residential are not a complement to the area. He
would like to see the Council consider lowering the percentage from 50% to
perhaps one-third.
City Attorney White. It would take an amendment to the current ordinance which
was adopted in a way that took away the discretion of the Zoning
Administrator. It merely provides if less than 50% protest, the permit shall
be approved. If more than 50%, it shall be denied and then leaves appeal
rights to the City Council. It could be converted from a non-discretionary to
a discretionary permit or the percentage could be changed, or probably a
variety of other things that can be done. One possibility is making a lower
percentage as a threshold so that if less than 25% protest, then the permit is
automatically granted but if more than 25% but less than 50% or 60%, then it
would be discretionary. If more than 60%, it would be automatically denied.
Council Member Daly. He suggested that the City Attorney submit a
recommendation to the Council for consideration. By general Council consensus,
the City Attorney was directed to submit a draft ordinance for Council
consideration.
City Attorney White stated that he would work with the Planning Department and
submit a recommendation to the Council.
Relative to the subject request, Arcade Permit No. 1011 was set for a public
hearing to be held at a later date.
105/102: APPOINTMENTS TO THE MOTHER COLONY HOUSE ADVISORY BOARD AND ORANGE
COUNTY VECTOR CONTROL: Council Member Daly, noted that there were two
appointments to be made, one to the Mother Colony House Advisory Board and the
other to the Orange County Vector Control District; City Clerk Sohl asked if
the Council wished to have additional names submitted.
The Council agreed that the appointments should appear on the next agenda
without soliciting additional names at this time.
ITEMS OF PUBLIC INTEREST:
Jeff Kirsch, 2661 W. Palais Road, Anaheim. He referred to a closed session
item on last weeks closed session agenda which was to meet with the City's
designated negotiator concerning possible acquisition or sale of certain real
property in the vicinity of 1313 S. Harbor Blvd., owned by Walt Disney Company.
City Attorney White. He is certain Mr. Kirsch and most other people know the
City has for several months been in negotiations with the Disney Company. The
City's chief negotiator is Deputy City Manager Tom Wood and the purpose of the
closed session was to give directions to the City's negotiator concerning its
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
negotiations as they reflect real property in the vicinity of Disneyland. It
does not necessarily mean the City is acquiring property for the project but
also the possible disposition of City owned property in the area relating to
that project. The reason for holding those discussions in closed session is
they relate to negotiating strategies and perimeters that would not be in the
public interest to discuss in a public session. That is the extent of the
detail that can be given at this time.
Victoria Gonzalez, 422 S. Vine Street. She relayed an incident relative to
parking tickets that were issued when she and her family and others were
attending services for her brother's funeral at the mortuary on the corner of
Broadway and Anaheim Blvd. It seems that the curb was painted red but when she
went another day to recheck to be sure the curb was red, it had been repainted
grey. She is concerned and wants the matter resolved.
Mayor Hunter. He asked the City Manager to speak with Mrs. Gonzalez and
confirmed that the curb had been painted red for an interim period of time.
Yuriko Okubo, 3244 W. Deerwood. She spoke relative to Item B2 on today's
agenda which has been appealed to be set for a public hearing. Mayor Hunter
explained that the public hearing to be held will be conducted at a later date
and that is when Mrs. Okubo can address the issue. She will be notified of the
specific date.
D1. 179: PUBLIC HEARING - AMENDMENT TO CONDITION NO. 2 OF RESOLUTION NO.
91R-135, VARIANCE NO. 4111 AND NEGATIVE DECLARATION:
REQUESTED BY: DAVID F. LARSON, REAL ESTATE INVESTMENT BROKERAGE, 2907
Baker Street, Costa Mesa, CA 92626.
LOCATION/REQUEST: The property is located at 1668 South Nutwood
Street - Nutwood Park Apartments. The petitioner requests Amendment
to Condition No. 2 of Resolution No. 91R-135 (Variance No. 4111).
VARIANCE NO. 4111 is for waiver of minimum structural setback, minimum
number of parking spaces, minimum floor area per dwelling unit, to
retain two illegally constructed apartment units.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 27, 1991
Mailing to property owners within 300 feet - November 26, 1991
PLANNING STAFF INPUT:
See Staff Report dated November 27, 1991 from the Zoning Administrator, Annika
Santalahti recommending that Resolution No. 91R-135 be amended as outlined in
the report.
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APPLICANT'S
STATEMENT:
Don Schalk, PRS Group, 27132 Paseo Espada, San Juan Capistrano
representing David F. Larson, Nutwood Park Apartments. They have
been working with staff for some time in order to get this matter
resolved. It appears reasonable the intent of the resolution was
to make the agreement for 2 units to be dedicated to affordable
housing and to make it binding for 30 years. He understands it
runs with the land and they agree with that. However, the way
the condition was written it does not protect the City or the
affordability of those apartments in the event of a foreclosure
since the existing lien holder cannot be subrogated to this
agreement. This seems like the best way to accomplish it and
they fully agree with staff.
Joel Fick, Planning Director. The technical wording of the
original condition required that an unsubordinated covenant be
recorded against the property to protect the affordability of the
2 units that were illegally constructed. There has been
difficulty on the applicants part in getting that type of
convenant recorded. He has met with staff and staff is in
agreement that this is an alternate way to accomplish the same
goal. It works for staff and the applicant and it has been
reviewed by the City Attorney's Office.
City Attorney White. The reason they require a convenant to be
unsubordinated, the agreement reached in the recorded convenant
is not effective to any lien holders that are recorded prior in
time to the recordation of that convenant in the event there is a
foreclosure by those lien holders. The compromise reached in
this case is, since the property owner is unable to get the
existing prior lien holders to agree to subordinate the liens to
this convenant, the convenant will contain additional language
that provides in the event there is a foreclosure, those 2 units
constructed without the benefit of a permit will be removed. It
would not be in the best interest of the lien holder to foreclose
without agreeing to affordability and that is the handle the City
has.
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.
Council Member Daly. He will be voting no since he voted no when the matter
came to the Council at a public hearing about six months ago.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Pickler, 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.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-333)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-333 for adoption, granting
Variance No. 4111. Refer to Resolution Book.
RESOLUTION NO. 91R-333: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE
NO. 4111 AND AMENDING RESOLUTION NO. 91R-135.
Roll Call Vote:
AYES:
NOES
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Ehrle, Pickler and Hunter
Daly
None
The Mayor declared Resolution No. 91R-333 duly passed and adopted.
D2. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3466 AND NEGATIVE
DECLARATION:
OWNER: MAX WILLS, 3838 San Pablo Drive, Fullerton, CA 92635
LOCATION/REQUEST: The property is located at 1204 West Center Street
and is approximately 0.38 acres located at the southwest corner of
Center Street and Walnut Street. The request is to permit a 2-story,
13 unit, senior citizen's apartment complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3466 GRANTED (PC91-179) (4 yes votes, 2 no votes, and 1
absent).
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 November 19, 1991 and public hearing set
this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 27, 1991
Mailing to property owners within 300 feet - Noven%ber 26, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated November 4, 1991.
APPLICANT'S
STATEMENT:
Mr. Max Wills, 3838 San Pablo Drive, Fullerton, owner and
developer. He is planning to build 13 units for senior citizen
apartments. The project has been approved by the Planning
Commission. He was not able to prepare for the hearing because
he did not know the reason or the purpose for the review.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
Council Member Pickler. The reason he requested a review, every
time there is a request to add additional units to an area, they
are called senior citizen apartments. The request is to build 13
units in a commercial zone. Going west two blocks, all the way
east and across the street is commercial. If they are going to
change the zoning, it will inundate the area just as it did at
Magnolia and La Palma and Lincoln. He does not feel it is wise
to make the change. The freeway widening will be almost next to
the property when it is completed. Others will request the same
next door or across the street. He is concerned it will get out
of hand. He does not feel the area wants that many units. Even
though the units are for senior citizens 62 and over, they still
drive, work, etc. There needs to be a lid placed on such
developments.
Mayor Hunter. He disagrees. Looking at the area of Cherry
Street and further south, the whole area is RM1200 and RM2400 -
the triangular parcel that abuts the freeway is RM2400 and
commercial is on the other side of the street from the proposed
project.
Council Member Pickler. As far as he is concerned, it is spot
zoning and he has concerns with the project.
Council Member Daly. There is some RM1200 in the vicinity as
well as single-family homes and RM2400. He believes the area is
going to change in the next few years. He feels the density as
proposed is not appropriate for the immediate neighbors. There
are single-family homes on the same street.
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.
Max Wills. He stated that there was no opposition at the Planning Commission
hearing.
Council Member Pickler. Two Planning Commissioners were opposed. He can
understand why the neighbors were not opposed. If he could put 13 units next
door, he would be happy to do that as well. It is inundating the area
especially with the freeway system which will end up close to the property. He
feels the area was kept commercial because in the future Center Street and
Lincoln Avenue will become one street when widened. This is not the place for
a 13-unit apartment.
Council Member Daly. There is a beautiful old tree on the property that he
believes will be lost as part of the expansion; Mr. Wills stated there are two
trees on the property that are pretty messy and he has had nothing but
complaints by tenants as well as neighbors to the west.
Council Member Daly. It is projects like this one that make him want to extend
the public hearing noticing. There are single-family homes a block away that
were not notified.
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City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M.
Mayor Hunter. He again disagreed. There were a whole group of people who came
to a public hearing some time ago from Center Street when someone else proposed
a development and they requested that their property remain as is, C-G. This
property is within 300 feet of the homeowners across the street. They were
notified.
Council Member Pickler. He has no problem keeping the property in the C-G zone
because that is where it belongs; Mayor Hunter. He does not believe that to be
the case. At one time, he lived in the apartments to the west of the proposed
project and it is not C-G.
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-334)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-334 for adoption, granting
Conditional Use Permit No. 3466 subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 91R-334: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3466.
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-334 duly passed and adopted.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Pickler
seconded the motion. MOTION CARRIED. (6:38 p.m.)
LEONORA N. SOHL, CITY CLERK
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