1990/02/27City Hall, Anaheim. California - COUNCIL MINUTES - February 27, 1990, 5:30 P.M.
The City Council of .the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: ASSISTANT CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
TRAFFIC ENGINEER: Paul Singer
DEPUTY CITY ENGINEER: Arthur Daw
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
ADMINISTRATIVE SERVICES DIRECTOR: Ron Rothschild
PROGRAM DEVELOPMENT & AUDIT MANAGER: Ken Stone
SENIOR SENIOR REAL PROPERTY AGENT: Richard J. Santo
ASSISTANT PLANNER: Jonathan Borrego
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:00 p.m. on February 23, 1990 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; Campanula Properties Inc. vs. City of Anaheim, et al.,
Orange County Superior Court Case No. 61-46-64; Anaheim Stadium
Associates vs. City of Anaheim, et al., Orange County Superior Court
Case No. 61-46-82; Los Angeles Rams Football Company Inc. vs. City of
Anaheim, et al., Orange County Superior Court Case No. 61-46-74.
b. To meet with and give directions to its authorized representative
regarding labor relations matters Government Code Section 54957.6.
c. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
d. 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.
AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:52 p.m.)
INVOCATION:
invocation.
Dr. Bryan Crow, Garden Church of Anaheim Hills, gave the
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City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1990, 5;30 P,M.
FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119; PRESENTATION - INTRODUCTION OF CONTESTANTS FOR THE MISS ANAHEIM/MISS
AMERICA PAGEANT; Mrs. Earlene Jones, Executive Director, presented seven
contestants for the Miss Anaheim/Miss America Pageant. Each of the
contestants introduced themselves giving a brief background on their present
activities and future plans. Mayor Hunter and Council Members personally
greeted each contestant and wished them well in the forthcoming pageant.
119; PROCLAMATIONS; The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Miss Anaheim Scholarship Pageant Week in Anaheim, (10th Anniversary
of the local pageant) February 26 - March 2, 1990,
Tree City USA Day in Anaheim, March 1, 1990,
Cycle and Fitness Fair Days in Anaheim, March 2 - 4, 1990,
Save Your Vision Week in Anaheim, March 4 10, 1990,
Women's History Month in Anaheim, March, 1990,
Volunteer Recognition Month in Anaheim, March, 1990.
Earlene Jones accepted the Miss Anaheim Scholarship Pageant Week proclamation;
Vivian Strabala accepted the Cycle and Fitness Fair Days proclamation; Susan
Daniel accepted the Save Your Vision Week proclamation; and Nancy Noll and
George MacLaren accepted the Volunteer Recognition Month proclamation.
119: DECLARATION OF CONGRATULATIONS; A Declaration of Congratulations was
unanimously adopted by the City Council congratulating Anaheim's Sister City,
Mito, Japan, on the opening of the Mlto Art Museum. The Declaration will be
presented in Mito at a later date.
119; DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council recognizing Earlene Jones upon
10 years as Executive Director of the Miss Anaheim/Miss America Pageant. The
Declaration will be presented to Mrs. Jones at the Miss Anaheim/Miss America
Pageant on March 3, 1990.
MINUTES; Councilwoman Kaywood moved to approve the minutes of regular
meetings held January 9 and January 16, 1990. Councilman Hunter seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,097,374.62 for the week
ending February 16, 1990 and $3,316,905.70 for the week ending February 23,
1990, in accordance with the 1989-90 budget, were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCE; The titles of the following
resolutions and ordinance were read by the Assistant City Manager.
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P,M.
(Resolution Nos. 90R-62 through 90R-64, both inclusive, for adoption;
Ordinance No. 5087 for adoption)
Councilman Hunter moved to waive the reading in full of the resolutions and
ordinance. Councilman Daly seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Hunter,
seconded by Councilman 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. Councilman Hunter offered
Resolution Nos. 90R-62 through 90R-64, both inclusive, for adoption; and
Ordinance No. 5087 for adoption. Refer to Resolution/Ordinance books.
Al. 118 The following claims were filed against the City and action taken as
recommended:
a. Claim submitted by Frank Mtnissale for property damage sustained
purportedly due to actions of the City on or about December 20, 1988 to
December 20, 1989.
b. Claim submitted by Thomas Torres for property damage sustained
purportedly due to actions of the City on or about December 20, 1989.
c. Claim submitted by Southern California Gas Company for property
damage sustained purportedly due to actions of the City on or about August 11,
1989.
d. Claim submitted by Leslie Norman Herschler for property damage
sustained purportedly due to actions of the City on or about January 18, 1989.
e. Claim submitted by Nicholas M. Demora Sr. for property damage
sustained purportedly due to actions of the City on or about December 20, 21
and 22, 1989.
f. Claim submitted by Thelma Marie Bennett for for property damage
sustained purportedly due to actions of the City on or about December 12, 1989.
g. Claim submitted by Tina Leigh Andrews for bodily injury sustained
purportedly due to actions of the City on or about July 9, 1989.
h. Claim submitted by Pacific Bell (Claim ~JF946-0753) for property
damage sustained purportedly due to actions of the City on or about August 21,
1989.
i. Claim submitted by Thurman Warren 3essup for property damage
sustained purportedly due to actions of the City on or about December 15, 1989.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held January 24, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P,M.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held February 7, 1990.
107: Receiving and filing the Statistical Report Summary ending January 31,
1990, from the Building Division.
173: Receiving and filing Application No. 90-01-059 before the Public
Utilities Commission of the State of California that SuperShuttle of Los
Angeles, Inc., requests authority to establish revised zones of rate freedom
for operations to and from certain hotels within its service area.
A3. 150: Awarding the contract to the lowest and best responsible bidder,
Construction Engineers, Inc., in the amount of $21,400 for Twila Reid Park
Sump Pump Improvements.
A4. 175: Awarding the contract to the lowest and best responsible bidder,
Atlas Allied, Inc., in the amount of $253,449 for Construction of Meter Vault
Rehabilitation and/or Replacement.
A5. 169: Awarding the contract to the lowest and best responsible bidder,
B-1 Enterprise Corporation, in the amount of $11,280.81 for Barrier Free
Anaheim No. 15 La Palma Avenue - Harbor Boulevard to Euclid Street.
A6. 150: Rejecting all bids submitted (from Ryco Construction, Inc., Hondo
Company, Inc., Mac Group D.D., Inc., and Wakeham-Baker, Inc.) for the La Palma
and Boysen parks Tot Lot Renovation. The project is to be re-evaluated and
rebid at a future date.
A7. 159; RESOLUTION NO, 90R-62; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER
DIEM WAGES PERTAINING TO PUBLIC WORKS.
AS. 158: Authorizing the payment of $273,725 to Larry R. Haupert, pursuant
to agreement on file, for modifications to his building located at 400 North
Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W
3500-12).
A9. 158: Authorizing the payment of $98,488 to Omy A. Jackson, pursuant to
agreement on file, for modifications to her building located at 800 North
Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W
3500-62).
AIO. 158: Authorizing the ratification of the Right of Way/Right of Entry
Agreements (21 agreements) for the North Anaheim Boulevard Street Widening
Project (R/W 3500).
Ail. 158: Approving the Right of Way/Right of Entry Agreement with Ivan
Marovic and Ante Marovic for 735 North Anaheim Boulevard - North Anaheim
Boulevard Street Widening Project (R/W 3500-40), and authorizing the Mayor and
City Clerk to execute said agreement.
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Al2. 151: Approving an Encroachment License Agreement with Building Industry
Association of California, Orange County Region, for encroachment onto public
right-of-way to implement the Anaheim Hills Uniform Directional Offstte Sign
Program. Nine signs are to be installed and maintained by the Building
Industry Association on Santa Ana Canyon and Weir Ganyon Roads at specific
locations approved by the Traffic Engineer. (Councilman Daly abstained)
Al3. 151: Approving an Encroachment License Agreement with A-M Lincoln
Anaheim LTD. for encroachment onto public right-of-way for a storm drain in
Florette Street.
Al4. 155/164: Approving a Negative Declaration, pursuant to CEQA findings,
for the construction of a storm drain in South Street and Sunkist Street.
Al5. 170/123: Approving the Final Map of Tract 13514 and Subdivision
Agreement with Baldwin Building Contractors. Tract 13514 is located on the
east side and west side of Sunstream Lane and north side and south side of
Morning Sun Lane at the southwest portion of The Summit Development and is in
connection with Specific Plan 88-2. (Councilman Daly abstained)
Al6. 170/123: Approving the Final Map of Tract 13494 and Subdivision
Agreement with Baldwin Building Contractors. Tract-13494 is located on the
north and south sides of Alpine Court west of Flint Ridge Way at the northwest
corner of Flint Ridge Way and Oak Canyon Drive and is in connection with
Specific Plan 88-2. (Councilman Daly abstained)
Al7. 170/123: Approving the Final Map of Tract 12691 (Revision 1) and
Subdivision Agreement with Presley of Southern California. Tract 12691 is
bounded on the north by the East Hills Planned Community, on the east by the
Sycamore Canyon Development, on the south by the Highlands at Anaheim Hills
Specific Plan Development Areas 2 and 3, and on the west by Tentative Tract
12690 in the Highlands' Development Area 1 and is in connection with Variance
No. 4017.
Al8. 123: Approving the selection of The Keith Companies and approving an
agreement with Keith Engineering, Inc., dba The Keith Companies, in an amount
not to exceed $115,139 for consultant services and preparation of
Environmental Documentation for widenin~ of Santa Aha Canyon Road from
Roosevelt Road to Imperial Highway.
Al9, 173: RESOLUTION NO, 90R-63: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING FUNDING TO THE CALIFORNIA-NEVADA SUPER-SPEED TRAIN
GROUND TRANSPORTATION COMMISSION. (In the amount of $200,000 to the
California-Nevada Super-Speed Train Ground Transportation Commission, to
support the 1990 Work Program)
A20. 106/167: Increasing the 1989/90 Resource Allocation Expenditures by
$3,000 in Account No. 49-794-6325-E4530 for the Knott Street and Danbrook
Avenue Pedestrian Traffic Signal Design.
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City Hall, Anaheim. California COUNCIL MINUTES - February 27, 1990, 5;30 P.M.
Mr. Joe VanGilder, 225 South Knott. He first referred to the letter sent to
the Council to relay the reasons why they are frustrated in their attempts to
have a traffic signal installed at Danbrook and Knott. The Council is
approving only $3,000 of the $42,000 needed for the design of the signal. The
design will not stop the cars and trucks. He explained what has occurred in
their contacts with the City regarding the light. They deserve to be
protected. There is money available to have the light installed. Lives are
more important than being put on a list of priorities. He urged the Council
to not only approve what Engineering is asking for but approve the whole
project at this time. (See further discussion later in the meeting).
A21. 160: Accepting the bid of Canada Wire and Cable, Inc., c/o Cunningham
Co., Inc., in an amount not to exceed $112,316.60 for 100,000 feet of #2 15KV
CIC wire (pulled into 1-1/4" conduit), in accordance with bid #4799.
A22. 160: Accepting the iow bid of Forbes Computer Group, in the amount of
$21,762.13 plus installation costs for computer hardware in connection with
Engineering Records computer-aided drafting system, in accordance with bid
#4797.
A23. 160: Accepting the iow bid of L.A. Fretghtltner/GMC Inc., in the amount
of $41,421.56 for one 24,800-1b. GVW chassis with flat bed hoist and
compressor, in accordance with bid #4796.
A24. 160: Accepting the iow bid of Westinghouse ABB Power T & D Company, in
the amount of $80,935.93 for seven 15.5 KV Vacuum Circuit Breakers, Mylar
Readings, and Seismic Bracing of 0.5G for Dowling Substation, in accordance
with bid #4775.
A25. 160: Accepting the iow bid of Canada Wire and Cable, Inc.,
c/o Cunntngham Co., Inc., in an amount not to exceed $114,864.75 for 140,000
feet of #2 15KV wire, in accordance with bid #4800.
A26. 160: Accepting the bid of Villa Ford, in the amount of $20,292.69 for
one fifteen passenger van to be used by the Parks Department, in accordance
with bid #4798.
A27. 160: Accepting the low bid of GMC Truck Division, in the amount of
$30,313.13 for one 24,800-1b. GVW chassis with flat bed hoist, in accordance
with bid #4792.
A28. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding or advertising to Fixtures
Furniture, in the amount of $299,625 for 6,000 stacking chairs to be used by
the Convention Center.
Assistant City Manager, James Ruth, announced that someone wished to speak on
this matter.
Mr. Doug Virtue, Marketing Services Manager, Virco Manufacturing, 1331 West
Torrance Boulevard, Torrance, Ca. 91501. He gave the background history
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City Hall, Anaheim, California - COUNCIL MINUTES - February 27. 1990. 5:30 P,M.
relating to the initial bidding process on the subject purchase which resulted
in Virco being the low bidder amongst the three companies who bid. They also
delivered samples of their chairs for evaluation purposes and over a
three-month period made numerous attempts to contact Purchasing to determine
the status of the evaluation. They were told repeatedly there were no
problems in the evaluation and Virco would be notified if there was anything
further they had to do. On January 12, 1990, their Regional Manager was
informed by Purchasing that the bid had expired and Virco would be contacted
for a rebid. On February 21, 1990, they were told by Purchasing that the
award would be made to Fixtures Furniture on a sole source basis without a
bid. He is asking the Council today, given the situation with public funding
and legal restrictions r~garding bidding, that they re-evaluate the entire
situation, open the matter to rebtd and allow Virco to fully present their
product and storage systems while giving the City an opportunity to save
$50,000.
Councilwoman Kaywood. She asked if Mr. Virtue had seen the report from the
Finance - Purchasing Division which included a stacking chair study of the
Fixtures, Virco and Krue§er chairs detailing the setup and tear down times for
each and the resultant savings in labor costs.
Mr. Virtue answered that the study was not made available to them.
Councilman Pickler. He suggested that the matter be continued in order get
more information for Council review.
MOTION; Councilwoman Kaywood moved to continue the subject proposed purchase
for two weeks. Councilman Pickler seconded the motion. MOTION CARRIED.
A29. 123: Waiving Council Policy No. 306 and approving an agreement with
Gordons Irrigation Consulting for design and bid specification for replacement
irrigation system at the Anaheim Hills Golf Course, in the amount of $31,000
for all phases of work to be performed.
A30. 123: Approving the amended Joint Exercise of Powers A~reement for the
Cooperative Personnel Services Agency; and authorizing the Labor Relations
Director to execute said amended agreement on behalf of the City.
A31. 123: Approving an agreement with Anaheim Family Y.M.G.A, to allow the
City to continue conducting its boxing and weightlifing program at the Anaheim
Family YMCA.
A32. 124/000: Approving the 5-year Rental Rate Schedules for shows and
exhibit space at the Anaheim Convention Center. (This item was withdrawn by
staff)
A33. 144/150/153: Approving a grant application for funding from the North
Orange County Regional Occupational Program (NOCROP) naming the City of
Anaheim as a co-applicant, for a $50,000 project to develop a mentor program
that will link to the existing anti-gang program which is currently funded,
and authorizing the JTPA Manager, in conjunction with the Anaheim Private
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City Hall, Anmhetm, California - COUNCIL MINUTES - February 27, 1990, 5;30 P,M. ~
Industry Council, to execute said agreements and modifications thereto on
behalf of the City.
144/150/153: Approving a grant application for funding from the North Orange
County Community College District co-applicant, for a $50,000 project to
provide Job specific skills and literacy training concurrently, in addition to
employabiltty enhancement, resume, job development, placement, and follow-up
service, and authorizing the JTPA Manager, in conjunction with the Anaheim
Private Industry Council, to execute said agreements and modifications thereto
on behalf of the City.
A34. 165: Waiving the bid bond discrepancy, and awarding the contract to the
lowest and best responsible bidder, FAV Engineering, in the amount of
$150,438.75 for Pattern Concrete Sidewalk Reconstruction, area bounded by
Olive Street, Broadway, Harbor Boulevard and Cypress Street. (Discussed and
continued from the meeting of February 13, 1990, Item A4.)
A35, 108/142; ORDINANCE NO. 5087 o ADOPTION; AN ORDINANCE OF THE CITY
GOUNGIL OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 4.98 TO TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO THE RETAIL SALE OF CONCEALABLE FIREARMS.
A36, 148; RESOLUTION NO. 90R-64: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OFANAHEIM TO SUPPORT DESIGNATION OF THE WASTE MANAGEMENT COMMISSION AS
THE COUNTYWIDE TASK FORCE UNDER AB 939, THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT ACT OF 1989. (Supporting the proposal to designate the Orange
County Waste Management Commission as the Countywide Integrated Waste
Management Task Force, which would meet the requirements and objectives of
Assembly Bill 929, and communicate this support to the Orange County Division
League of California Cities)
Roll Call Vote on Resolution Nos. 90R-62 through 90R-64:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution Nos. 90R-62 through 90R-64, both inclusive, duly
passed and adopted.
Roll Call Vote on Ordinance No. 5087:
AYES:
NOES:
ABSENT:
GOUNGIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5087 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
A37: 164/000/123: CONTINUED PUBLIC HEARING ESTABLISHMENT OF RIVIERA MOBILE
HOME PARK/FUJISHIGE PROPERTY STORM DRAIN ASSESSMENT AREA: To consider a
resolution establishing the Riviera Mobile Home Park/Fujishige Property Storm
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City Hall, Anaheim, California COUNCIL MINUTES - February 27, 1990, 5;30 P,M.
Drain Assessment Area and tke allocation of costs being $105,973.53 (33%) and
$215,158.38 (67%) to the Riviera property and Fujishige property, respectively.
Submitted was report dated December 14, 1989, from the Director of Public
Works/City Engineer Gary Johnson, recommending approval of the subject
assessment area and related actions.
Approving the reimbursement agreement with Magnolia Realty Investments, Inc.,
(owner of property formerly known as Riviera Mobile Home Park), and
authorizing the Mayor and City Clerk to sign on behalf of the City.
This matter was continued from the meeting of January 16 and February 6, 1990,
to this date as requested by staff.
Gary Johnson, Director of Public Works/City Engineer.
Staff is recommending Council approval on the proposed
assessment area. The storm drain is installed, the easement is
outlined and staff has reviewed all the costs associated with
construction of the storm drain and acquisition of the easement
and are recommending the costs as indicated in the staff report.
Michael Young, 3 Mosby, Irvlne, attorney, speaking on behalf of
the Fujishige Family.
The Fujtshige Family owns the the property to which 2/3~s of the
cost of the storm drain is to be apportioned. The Fujishiges
are questioning the cost. He is asking that the matter be
continued until the next Council meeting. There are three
problems with the cost - the road studies, the environmental
impact report and some mistakes made in the allocation of the
costs. He then elaborated on those three points concluding that
relative to the road studies, it appears that more engineering
was included in the cost apportioned to the storm drain than
should have been properly attributed, that relative to the EIR,
it appears it was mainly for the benefit of developing the
Riviera property and had very little to do with the storm drain
and lastly, simply a matter of mistakes. He referred to a
conference call between Riviera attorneys dealing with xerox
which has nothing to do with the storm drain as well as another
charge for rev£ew£ng a memo concerning bid preparation relating
to the condemnation action. Basically what is of concern to the
Fujishiges is that approximately $40,000 in attorneys fees are
involved for a simple condemnation action that went by way of
default. Forty thousand dollars is $8,000 more than the
Fujishiges received in the condemnation award. He reiterated
his request for a continuance in order to determine if all the
costs were properly part of the cost of the storm drain.
Gary Johnson.
The only item mentioned he was not aware was the conference call
regarding Xerox. Relative to the road easement and storm drain
easement, they are almost one and the same. Staff had to
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P,M.
identify where the road easement would be located because the
storm drain had to go in that easement.
Councilman Ehrle asked to hear from anyone present representing Riviera. He
(Ehrle) had talked to Mr. Johnson this afternoon who was under the impression
everything was in place and the Council was going to make a decision tonight.
Floyd Farano, attorney, Farano & Kieviet, representing the
applicant.
They are unequivocally opposed to a continuance. The matter
began in October of 1985. The services and reports prepared
took place from October of 1985 through December of 1988.
During that time, there were numerous meetings and discussions
held. At no time were the Fujishiges not advised as to what has
taken place and given the opportunity to participate. At no
time was there any participation, cooperation or response to
letters, memorandums and phone calls. They had to do a lot of
things and 1/3 of the expenses from an attorney's point of view
were incurred because they did things on an extra special
basis. A benefit district was discussed with individuals who
were interested in pursuing development of the property. The
delays and extra expenses to which the owners, Riviera, were
compelled to experience and proceed through cost his client
another $150,000 or $200,000 in time. The entire nature of the
project had to be changed because of loss of time and the
decision not to participate with the road. There is a mistake
in one of the bills as reported. On October 29, 1987, there was
a charge for a telephone conference with a client. It is a $35
item and they would be glad to strike that item. They have
re-examined every one of the items. To further delay this
matter after almost four years is not in good conscience. They
have cooperated in every way possible. Further delays will be
unfair.
Michael Young.
It was his understanding the agreement as it stood yesterday is
incorrect. There was a mistake made in the allocation of the
acreage that would be benefitted by the storm drain. The
agreement would have to be re-written to adjust the number of
acres benefitted and thereby the charge per acre. They are only
asking for a week. It has nothing to do with whether the
Fujishiges should cooperate or not.
Councilman Pickler.
He asked if staff was satisfied and comfortable with what is
before the Council today should it be approved.
Gary Johnson.
With the exception of the $35 invoice and the reimbursement
amount per acre and an error that is in the resolution on the
calculation of the amount per acre that needs to be modified, he
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P,M.
is satisfied everything else is in order. As to the percentage
of reimbursement, 2/3-1/3, the initial study provided by the
Riviera Engineer had a higher percentage attributable to the
Fujishige property. Staff wanted an independent analysis and
the result was that the percentage changed to 2/3-1/3. They
have been objective in every way. They are willing to continue
to meet but he would not be uncomfortable should the Council
decide to make a determination this evening.
City Attorney White.
There is no legal problem with adopting the resolution and
indicating as part of that action that the per acreage number
will be reduced proportionately to the extent of the deletion of
the $35 from the total cost. There apparently is an error in
the calculation of the acreage. It has been identified and the
correct number can be given to the Council tonight.
Art Daw, Deputy City Engineer.
The error that occurred based the acreage figure on the total
acreage of the Fujishige property. It should have been based
just on the contributory area to the storm drain. This reduces
the number of acres and increases the.acreage figure but does
not affect the overall bottom line figure. The corrections to
the resolution would change the acreage fee from $3,809.44 to
$6,346.82. It increases the amount because of the reduced
number of acres. There is a portion of the Fujishtge property
not included within the reimbursement area. On page 5 of the
agreement, fifth line from the top, it would go up to the $6,000
figure which is $215,000 divided by 33.9 acres instead of 56.48
and again on page 7 the acreage figure of $3,800 plus should be
changed to the $6,000 figure.
City Attorney White.
He does not have a problem making those changes.
There being no further persons who wished to speak, Mayor Hunter closed the
hearin§.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-65)
Councilman Ehrle moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Ehrle offered Resolution No. 90R-65 for adoption, establishing
storm drain fees for the Riviera - Fujishige Properties, incorporating the
changes relative to acreage fee figures as articulated by staff. Refer to
Resolution Book.
RESOLUTION NO, 90R-65; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING STORM DRAIN FEES. (RIVIERA - FUJISHIGE PROPERTIES)
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Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-65 duly passed and adopted.
MOTION: Councilman Pickler moved to approve the reimbursement agreement with
Magnolia Realty Investments, Inc., (owner of property formerly known as
Riviera Mobile Home Park), and authorizing the Mayor and City Clerk to sign on
behalf of the City. Councilman Hunter seconded the motion. MOTION CARRIED
UNANIMOUSLY.
142/127; REPORT AND FINAL RECOMMENDATIONS 1989/90 CHARTER REVIEW
COMMITTEE: This matter was continued from the meeting of February 13, 1990,
to this date. (See minutes that date). At that time, the report was received
and discussion on the recommendations continued for two weeks.
Councilman Pickler moved to accept the recommendations of the Charter Review
Committee and submit them for the November, 1990 General Municipal Election
Ballot and that the City Attorney, along with the City Clerk, do whatever is
necessary to prepare them and submit them to the Council for Council
determination of final ballot submittal. Councilman Daly seconded the motion.
Before action was taken, Mayor Hunter asked for clarification if the motion is
to take the Charter Review Committee recommendations and place them on the
November, 1990 ballot as is and for the Council to determine how that will be
done.
Councilman Pickler. He would like to recommend as far as Council and Mayor
salaries that Council salaries be $800 and the Mayor's salary $1,000 per month
which is lower than the Committee recommendation.
Councilman Ehrle. Before any action, he thought they were going give the
community an opportunity for input. He was not at any of the meetings held by
the Committee. He feels they should give the public the right to address
whatever the Council decides to put on the ballot.
Councilwoman Kaywood. This was a very lengthy Charter Review and the
Committee also held two public hearings which were widely advertised and held
in two different parts of the City. The public has already had the
opportunity to speak to the issues and she does not think it is appropriate to
repeat that procedure. The Council now has the option to discuss the
recommendations and make changes if they wish.
Mayor Hunter. He asked the deadline for preparing the items and placing them
on the ballot for November.
City Clerk Sohl. The deadline is approximately mid August°
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City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1990, 5;30 P.M.
Mayor Hunter. He agreed with the recommendation as proposed in the motion.
They can accept the recommendations as is but will have the opportunity to
make changes until August.
After additional discussion on the matter and questions posed to the City
Attorney for clarification, a vote was then taken on the foregoing motion.
MOTION CARRIED UNANIMOUSLY.
It was determined that the Council will discuss the recommendations on a
future Council agenda(s) before the deadline for the November ballot to
determine if any changes are to be made before placement of the issues on that
ballot.
177/114: FORMATION OF TASK FORCE SINGLE ROOM OCCUPANCY (SRO) AFFORDABLE
HOUSING FOR THE HOMELESS: Proposal from the City of Santa Ana in letter dated
January 19, 1990 to form Task Force for Single Room Occupancy (SRO) Affordable
Housing for the Homeless, and request to appoint one Council Member and one
Staff liaison person.
City Clerk Sohl. With regard to the staff liaison person, the EMB (Executive
Management Board) members felt the staff person should come from the Community
Development Department - Housing Division and the Community Development
Director Lisa Stipkovich has recommended that both Eric Nicoll and Bertha
Chavoya be appointed to that Task Force.
Councilman Daly thereupon moved to appoint Eric Nicoll and Bertha Chavoya as
staff liaisons to serve on the Task Force and that the City Council
representative be Councilman Bill Ehrle. Councilman Pickler seconded the
motion. MOTION CARRIED.
153/105: APPOINTMENT TO THE ANAHEIM PRIVATE INDUSTRY COUNCIL: Accepting the
recommendations of the Anaheim Chamber of Commerce and the Economic
Development Board, and appoint two members to the Anaheim Private Industry
Council for the private sector category to fill the unscheduled vacancies; and
appoint one member to the the Economic Development Board category to fill the
unscheduled vacancy.
Councilwoman Kaywood nominated Marge Sheehan; Councilman Ehrle nominated Larry
Slagle.
Councilwoman Kaywood also nominated Len Lawicki to the Private Industry
Council, the Economic Development category.
Councilman Daly asked if that was the regular Economic Development Board or
the Economic Development Committee of the Private Industry Council.
Ron Rothschild, Administrative Services Manager. Answering Councilman Daly,
he explained that these are vacancies on the Private Industry Council, one of
which has been serving as a member of the Economic Development Subcommittee
but they are positions as members of the Private Industry Council. They had
originally gone to the Chamber of Commerce when the City became a separate
service delivery area.
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5:30 P.M.
Councilman Daly asked for c}arification that they were talking about three
Private Industry Council appointments; Mr. Rothschild clarified that was
correct.
Marge Sheehan, Larry Slagle and Len Lawtckl were unanimously appointed to the
Private Industry Council.
105; APPOINTMENT TO THE SENIOR CITIZEN COMMISSION: Appointment to the Senior
Citizen Commission to fill an unscheduled vacancy (re: Stringer, term expires
6/30/90).
Councilwoman Kaywood nominated William Hawley. There were no additional
nominations.
William Hawley was thereupon unanimously appointed to the Senior Citizen
Commission for the term ending June 30, 1990.
RECESS; By general consent the Council recessed for ten minutes. (7:05 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (7:20 p.m.)
B21, 101/155/179; REQUEST FOR REHEARING ON ENVIRONMENTAL IMPACT REPORT
NO, 299, RECLASSIFICATION NO, 89-90-29, WAIVER OF CODE REQUIREMENT,
CONDITIONAL USE PERMIT NO. 3224; Public hearing was held on December 15, 1989
and adjourned to December 27, 1989, relative to the approximate 26 acres of
property located north and east of the northeast corner of Katella Avenue and
Douglass Road. The request was for a change in zone from RSA-43,000(FP), ML
and ML(FP) to P~ and PR(FP) on the westerly approximately 9 acres and to
permit a parking area to be accessory to a multi-purpose sports facility with
waiver of maximum fence height on the easterly approximately 17 acres. At the
meeting of December 27, 1989, extensive testimony and input was received (see
minutes that date) at the conclusion of which the City Council certified
Environmental Impact Report No. 299 as being in compliance with CEQA with a
Statement of Overriding Considerations, approved Reclassification
No. 89-90-29, and granted Conditional Use Permit No. 3224.
At the meeting of January 23, 1990 this matter was continued to February 6,
1990 and subsequently continued to this date.
MOTION; Councilman Hunter moved to deny all of the requests for rehearing
received on EIR No. 299, Reclassification No. 89-90-29 and Conditional Use
Permit No. 3224 as follows:
Request for rehearing submitted by William D. Ross, Ross and Scott, on behalf
of Anaheim Stadium Associates, dated January 10, 1990.
Request for rehearing submitted by Peter N. Scolney, Loeb and Loeb, on behalf
of Los Angeles Rams Football Club, dated January 11, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1990, 5;30 P.M.
relating to the initial bidding process on the subject purchase which resulted
in Virco being the low bidder amongst the three companies who bid. They also
delivered samples of their chairs for evaluation purposes and over a
three-month period made numerous attempts to contact Purchasing to determine
the status of the evaluation. They were told repeatedly there were no
problems in the evaluation and Virco would be notified if there was anything
further they had to do. On January 12, 1990, their Regional Manager was
informed by Purchasing that the bid had expired and Virco would be contacted
for a rebid. On February 21, 1990, they were told by Purchasing that the
award would be made to Fixtures Furniture on a sole source basis without a
bid. He is asking the Council today, given the situation with public funding
and legal restrictions regarding bidding, that they re-evaluate the entire
situation, open the matter to rebid and allow Virco to fully present their
product and storage systems while giving the City an opportunity to save
$5o,ooo.
Councilwoman Kaywood. She asked if Mr. Virtue had seen the report from the
Finance - Purchasing Division which included a stacking chair study of the
Fixtures, Virco and Krueger chairs detailing the setup and tear down times for
each and the resultant savings in labor costs.
Mr. Virtue answered that the study was not made available to them.
Councilman Pickler. He suggested that the matter be continued in order get
more information for Council review.
MOTION: Councilwoman Kaywood moved to continue the subject p~oposed purchase
for two weeks. Councilman Pickler seconded the motion. MOTION CARRIED.
A29. 123: Waiving Council Policy No. 306 and approving an agreement with
Gordons Irrigation Consulting for design and bid specification for replacement
irrigation system at the Anaheim Hills Golf Course, in the amount of $31,000
for all phases of work to be performed.
A30. 123: Approving the amended Joint Exercise of Powers Agreement for the
Cooperative Personnel Services Agency; and authorizing the Labor Relations
Director to execute said amended agreement on behalf of the City.
A31. 123: Approving an agreement with Anaheim Family Y.M.C.A, to allow the
City to continue conducting its boxing and weightlifing program at the Anaheim
Family YMCA.
A32. 124/000: Approving the 5-year Rental Rate Schedules for shows and
exhibit space at the Anaheim Convention Center. (This item was withdrawn by
staff)
A33. 144/150/153: Approving a grant application for funding from the North
Orange County Regional Occupational Program (NOCROP) naming the City of
Anaheim as a co-applicant, for a $50,000 project to develop a mentor program
that will link to the existing anti-gang program which is currently funded,
and authorizing the JTPA Manager, in conjunction with the Anaheim Private
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City Hall, Anaheim, California COUNCIL MINUTES - February 27, 1990, 5:30 P.M.
AGENT:
Spongberg, Kirkland and Associates, Inc.
Attention: Gayle Ackerman
11409 Carson Street
Lakewood, California 90715
LOCATION/REQUEST: The property is located at 919-959 South Knott Street.
request is to permit an expansion of a commercial retail center and a
drive-through restaurant with waivers of minimum number of parking spaces,
minimum distance between buildings and required site screening.
The
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3220 GRANTED (PC89-308), waiver of Code requirement
GRANTED, Negative Declaration approved.
HEARING SET ON:
A review of the Planning Commission decision was requested by Councilwoman
Kaywood and Councilman Pickler from the supplemental agenda of December 12,
1989, and public hearing scheduled January 23, 1990, at which time the public
hearing was continued to this date as requested by the agent.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin, January 11, 1990.
Mailing to property owners within 300 feet - January 10, 1990.
Posting of property January 12, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated December 4, 1989.
APPLICANT'S
STATEMENT:
Gayle Ackerman, Spongberg Kirkland, agent for the applicant.
She explained the reason she was before the Council which
started with approval by the Council in 1988 of the expansion
and remodeling of the Center under Conditional Use Permit
No. 2925. In 1989 they submitted working drawings and at that
time became aware of an additional requirement for a conditional
use permit. She explained how they modified the site plan which
freed up on-site circulation and provided greater flexibility
for the commercial tenants. The new conditional use permit was
required due to changes in City Code. This is almost an
identical project to the one approved in 1988. There is now one
fast-food restaurant instead of two and a decrease in overall
site square footage. Parking will be adequate to serve the
project. City Traffic Engineer Paul Singer has approved the
Weston Pringle Traffic Study and concurs with the conclusions
and findings that the proposed parking will be adequate. They
need the ability to split and divide buildings for individual
tenant uses. They are aware of the types of land use and Code
Enforcement problems that have plagued the site over the past
years. Their intent is to rehabilitate the Center and lease
space to traditional retail uses. The Planning Commission
approved the CUP in December and with Council approval tonight,
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City Hall. Anaheim. California COUNCIL MINUTES - February 27, 1990, 5;30 P.M.
Drain Assessment Area and the allocation of costs being $105,973.53 (33%) and
$215,158.38 (67%) to the Riviera property and Fujishige property, respectively.
Submitted was report dated December 14, 1989, from the Director of Public
Works/City Engineer Gary Johnson, recommending approval of the subject
assessment area and related actions.
Approving the reimbursement agreement with Magnolia Realty Investments, Inc.,
(owner of property formerly known as Riviera Mobile Home Park), and
authorizing the Mayor and City Clerk to sign on behalf of the City.
This matter was continued from the meeting of January 16 and February 6, 1990,
to this date as requested by staff.
Gary Johnson, Director of Public Works/City Engineer.
Staff is recommending Council approval on the proposed
assessment area. The storm drain is installed, the easement is
outlined and staff has reviewed all the costs associated with
construction of the storm drain and acquisition of the easement
and are recommending the costs as indicated in the staff report.
Michael Young, 3 Mosby, Irvine, attorney, speaking on behalf of
the Fujishige Family.
The Fujishige Family owns the the property to which 2/3's of the
cost of the storm drain is to be apportioned. The Fujishiges
are questioning the cost. He is asking that the matter be
continued until the next Council meeting. There are three
problems with the cost - the road studies, the environmental
impact report and some mistakes made in the allocation of the
costs. He then elaborated on those three points concluding that
relative to the road studies, it appears that more engineering
was included in the cost apportioned to the storm drain than
should have been properly attributed, that relative to the EIR,
it appears it was mainly for the benefit of developing the
Riviera property and had very little to do with the storm drain
and lastly, simply a matter of mistakes. He referred to a
conference call between Riviera attorneys dealing with xerox
which has nothing to do with the storm drain as well as another
charge for reviewing a memo concerning bid preparation relating
to the condemnation action. Basically what is of concern to the
Fujishiges is that approximately $40,000 in attorneys fees are
involved for a simple condemnation action that went by way of
default. Forty thousand dollars is $8,000 more than the
Fujishiges received in the condemnation award. He reiterated
his request for a continuance in order to determine if all the
costs were properly part of the cost of the storm drain.
Gary Johnson.
The only item mentioned he was not aware was the conference call
regarding Xerox. Relative to the road easement and storm drain
easement, they are almost one and the same. Staff had to
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P,M.
Mayor Hunter asked if anyone else wished to speak.
Joyce Keeter, 716 South Kenmore.
She owns the corner at Knott and Ball. In the past there has
been a great deal of trouble on the property but in the last
three or four years, there has been no vandalism. She has been
opposed to the plan brought before the Council in 1988 because
she felt it was trying to crowd too much into too small an area
and traffic flow is not conducive to keeping businesses in the
Center. She has just seen the new plans and is pleased with
them. Her corner is going to be completely remodeled as well
with a state-of-the-art facility. There will be a vast change
in that corner. As it stands now, she is in favor of the
subject proposal.
COUNCIL ACTION:
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman 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.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-66)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 90R-66 for adoption, granting
Conditional Use Permit No. 3220, including the lot line change requirement as
discussed. Refer to Resolution Book.
RESOLUTION NO. 90R-66; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3220.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-66 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT NO. 89-9A: In accordance with application
filed by the Anaheim Redevelopment Agency, 300 South Harbor Boulevard,
Suite 900, Anaheim, CA 92805, public hearing was held on proposed abandonment
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City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1990, 5;30 P.M.
of sewer easements located on property bounded by Anaheim Boulevard, Cypress
Street, Claudina Street, and Lincoln Avenue (Parcel Map No. 80-264), pursuant
to Resolution No. 90R-34, duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
Report of the City Engineer dated January 15, 1990 recommended approval of
said abandonment.
Mayor Hunter asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT CATEGORICAL EXEMPTION; On motion by
Councilwoman Kaywood, seconded by Councilman Daly, 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.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-67)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 90R-67 for adoption. Refer to
Resolution Book.
RESOLUTION NO, 90R-67; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING THE SEWER EASEMENTS LOCATED ON PROPERTY BOUNDED BY ANAHEIM
BOULEVARD, CYPRESS STREET, CLAUDINA STREET, AND LINCOLN AVENUE (PARCEL MAP
NO. 80-264).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-67 duly passed and adopted.
179: PUBLIC HEARING WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3232 AND NEGATIVE DECLARATION:
OWNER: James Y. Tong and Amy P. Tong
2744 N. Vistacrest,
Orange, CA 92667
AGENT:
Jaroenchai Limjarden
1001 Dresden Street,
Anaheim, CA 92801
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City Hall. Anaheim. California - COUNCIL MINUTES February 27, 1990, 5:30 P,M.
LOCATION/REOUEST: The property is located at 1729 W. La Palma Avenue. The
request is to permit on-sale beer and wine within an existing billiard hall
with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3232 approved (PC90-05)
(7 yes votes); Waiver of minimum number of parking spaces approved; approved
negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler and Councilman Daly at the meeting of January 23, 1990, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 15, 1990.
Posting of property February 14, 1990.
Mailing to property owners within 300 feet - February 16, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 3, 1990.
APPLICANT'S
STATEMENT:
Joe Little, 150 North East Street.
He is the spokesman for the applicant. A prior version of this
project was before the Planning Commission and subsequently the
City Council four or five months ago. It was denied at that
time and a suggestion made in talking to members of the
Commission and Council that the objection to the permit was
primarily because it was based on having dancing allowed in the
business. The project was changed and now only two units
instead of three are to be used and the dancing has been
eliminated. The Planning Commission approved the change and
they expect that the Council will also. They have worked out
all of the items of concern and feel it is a good project. He
referred to a letter that was submitted opposing the project
which they feel expresses concern with the prior plan. Also,
Code Enforcement is recommending disapproval which seems to be
based on the property being dirty and some things not meeting
code. He feels they did not understand this is a closed down
area with no businesses operating there for a long time.
Putting a business in there will be a solution and not a
contributor to the problem. All items relative to the Building
Code, parking, etc. have been worked out and agreed to by the
Planning Commission.
John Poole, Code Enforcement Manager.
The report on the pool room permit request was based on their
investigation at the time. It is still his recommendation that
it be denied. Work had been done with no permits. There are
also problems in the neighborhood north of the proposed
business. Code Enforcement feels a pool hall will add to the
deterioration of the neighborhood if it is allowed in that area.
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P,M.
Councilman Pickler.
He is very familiar with the area. The proposal will be
detrimental to that area. A pool hall with beer and wine is not
something he feels is appropriate close to the corner of Euclid
and La Palma. He is opposed to the request.
Joseph Little.
They feel they are proposing a nice clean business and having a
business in the building is better than having an abandoned
piece of property. The owners have spent a lot of money in
pursuing the project. At the last hearing before the Council,
he asked, and the Council specifically said they objected to the
dancing but the rest was okay. He believes for the Council now
to oppose it is incredible.
Ron Bengoshea, 1751 Nutwood.
He has teenage daughters who have started to gain an interest in
the game of pool. His concern is relative to the beer and
wine. The business is not restricted to those 21-years of age
and over. He would not like the idea of his daughters playing
pool in an establishment where people may be under the influence
of alcohol. The two do not mix.
COUNCIL ACTION:
There being no further persons who wish to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
Councilwoman Kaywood.
She notes that 26 of the available parking spaces are only
accessible via a public alley and do not have access to the main
business entrance.
Annika Santalahti.
There is an alley to the rear of the property and 26 spaces are
located there. She would like to correct the numbers. The
Planning Commission resolution reads 127 spaces required which
is correct and 96 proposed. It should say 126 proposed of which
96 are standard sized and 30 are small car sized but already
exist on the property and were established when the code allowed
that. The traffic analysis that the Traffic Engineer has
reviewed and accepted acknowledges these facts plus the 26
spaces in back. The site itself has 46 spaces but the overall
Center has 126.
Paul Singer, Traffic Engineer.
There are some small car spaces because they have carried over.
The parking supply seems to be adequate because hours of
operation would not coincide with the major retail peak time.
Peak attendance in this facility would be off-peak attendance
with the other retail uses in the Center.
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City Hall, Anaheim, California COUNCIL MINUTES - February 27, 1990, 5;30 P.M.
ENVIRONMENTAL IMPACT REPORT.- NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilwoman Kaywood, 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
co~ments 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. 90R-68)
Councilman Daly moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Daly offered Resolution No. 90R-68 for adoption, denying
Conditional Use Permit No. 3232. Refer to Resolution Book.
RESOLUTION NO. 90R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3232.
Roll Gall Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-68 duly passed and adopted.
179: PUBLIC HEARING - RECLASSIFICATION NO. 89-90-18 AND NEGATIVE DECLARATION:
OWNER:
George and Eva Sictliani
3024 E. La Palma Avenue,
Anaheim, CA 92806
LOCATION/REQUEST: The property is located at 502 South Rio Vista Street
(south of Lincoln Avenue). The request is to consider rescinding the
Resolution of intent to rezone property from the RS-A-43,000 zone to the CO
zone.
HEARING SET ON:
At the meeting of January 23, 1990, the City Council denied Ordinance
No. 5090, and requested that Reclassification No. 89-90-18 be set for a public
hearing to consider rescinding the Resolution of intent to rezone property
from the RS-A-43,000 zone to the CO zone.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 15, 1990.
Posting of property February 14, 1990.
Mailing to property owners within 300 feet - February 16, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated October 9, 1989.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 27. 1990. 5:30 P.M.
APPLICANT'S
STATEMENT:
George Stciltani.
He is the owner and is urging the Council to approve the zone
change. He owns a plumbing business in Anaheim. He does not
want to build an office building on the property but plans to
upgrade the property in conformance with the conditional use
permit, development proposal and the codes. He is going to
convert the residence into a business.
Councilman Daly.
The residents in the homes adjacent to the property want the
property to remain residential. They feel a change in zone
might mean that there will be a commercial operation on the
property bringing with it noise, trucks and employees.
George Siciliani.
He has four employees and it has been that way for about
10 years. When he went to the Planning Department, he was told
the property was master planned for CO. Otherwise he would not
have purchased the property.
Councilman Ehrle.
His concern is changing the property to the CO zone. Once that
is done, the owner could tear the house down and build a 5,000
square foot commercial building on it and if it is to code, the
Planning Commission or Council would not be involved at all. If
that occurred, residents will question how that could have
happened. He would prefer a guarantee that the house could not
be torn down but feels that would not be fair to the property
owner.
Annika Santalahti, Zoning Administrator.
It could be developed that way but it is a small site and in
practical terms relative to the building height ratio to the
setback, there would have to be 2 feet of setback for every
1-foot of building height. A 10-foot building would have to
maintain a 20-foot setback from the east and the south. Under
those circumstances, it may not be economically viable.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Ron Tatsuta, 2807 Puritan Place.
When an 8-unit apartment project was proposed, the residents
reviewed the plans and the developer made concessions relative
to their concerns. When it was rejected by the Council, change
of ownership occurred. Three adjacent land owners should be
present tonight. He believes he can speak for Shirley Strong
who could not be present. The residents would like to see the
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City Hall, Anaheim, California - COUNCIL MINUTES - February_ 27. 1990. 5:30 P.M.
property developed in medium or low density residential. They
are not objecting to Mr. Stctliani's business. The residents
are talking about their homes and concern with commercial
zoning. The issue is zoning. The present owner can turn around
and sell the property. Since the original apartment project was
rejected after they worked out an agreement with the developer,
he does not understand why now they should allow something the
residents do not want. When the last project proposed on the
property was before the Council, residents spoke in favor.
There were 8-units proposed and the recommendation was to come
back with six condominiums. Now the property is proposed to be
zoned commercial contrary to what the residents want.
George Murdock, 503 South Stehly.
He has no objection to the business being there but has a
serious objection to changing the zone to commercial. It is a
residential area and the neighbors want to keep it residential.
George Siciliani.
He understands the concerns but under current zoning
restrictions with commercial next to single family, any building
proposed could not be substantial in size. He wants to have his
business there. He has a lot of money invested in the
property. If it had been turned down in the Planning stages, it
would have prevented him from spending large sums of money. He
is not going to develop the property. He is a plumbing
contractor and that is his business.
Joel Fick, Planning Director.
The building heights in commercial zones, when abutting
residential, would carry a two-to-one setback. For every foot
of building height, there would have to be a two to one setback
or 2-foot setback from the adjacent property zone. There have
been discussions to address the issue that some of the neighbors
have presented. There is an item on the Council agenda today,
(Item B17) which is a proposed ordinance recommended by the
Planning Commission that addresses commercial use in residential
structures. If it is the desire of the majority of the Council
to consider an application for the commercial use of the
existing structure remaining within the residential zone, if the
ordinance is passed, it would be possible for such an
application to be filed and considered by the Planning
Commission. The ordinance would be a mechanism for the property
owner to apply to keep the existing residence and the existing
residential zoning and apply for a commercial use.
Mayor Hunter.
He asked for clarification if the ordinance was in effect at
this time, then the subject applicant could reapply and go
before the Zoning Administrator to ask to conduct a commercial
business out of a residential property; Mr. Fick confirmed that
was correct.
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P.M.
City Attorney.White.
Without rezoning the property, that would solve some of the
concerns of the property going into the CO zone. If the
residence was ever removed from the property or anything else
happened, the property would still be in the residential zone
and the use would have to be eliminated from the property.
Joel Fick.
There are use limitations in the new ordinance and in addition
there are prohibitions with respect to outdoor storage and other
things that might be objectionable in a residential area. The
intended use is a general business office.
City Attorney White.
The action by Council tonight, if they are opposed to rezoning,
would be to adopt the proposed resolution determining not to
rezone the property to the CO zone. When the Council later in
the meeting considers the ordinance discussed by the Planning
Director, that ordinance can be introduced and subsequently
adopted at the next regular meeting. Legally he would not be
uncomfortable in allowing an application to be filed after the
ordinance is adopted as long as the hearing is not held prior to
the 30-day referendum period. It would allow the applicant to
start the process and be in a position to have his hearing
immediately after the ordinance went into effect.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
Mayor Hunter.
A copy of the ordinance will be provided to Mr. Siciltani.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Daly, 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. 90R-69)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-69 for adoption, denying
Reclassification No. 89-90-18. Refer to Resolution Book.
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City Hall, Anaheim, California COUNCIL MINUTES - February 27, 1990, 5;30 P.M.
RESOLUTION NO, 90R-69; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN
A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED, AND SUPERSEDING RESOLUTION
NO. PC89-237.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-69 duly passed and adopted.
155/179: PUBLIC HEARING - DELETE CONDITIONS OF APPROVAL - VARIANCE NO 3908
AND NEGATIVE DECLARATION:
APPLICANT: Michael K. Shea, Eagle Auto Detail
350 West Katella Avenue,
Anaheim, CA 92802
LOCATION/REQUEST; The property is located at 350 West Katella Avenue. The
petitioner requests deletion of conditions of approval (Conditions 1 & 2) for
Variance No. 3908 or a time extension - Resolution No. 89R-286. The variance
is for (a) waiver of maximum number of freestanding signs, (b) minimum
distance between freestanding signs, (c) minimum distance of freestanding
signs to property lines to retain three existing freestanding signs.
HEARING SET ON:
Amendments of conditions of approval originally imposed at a public hearing
before the Council necessitates a public hearing if changes are requested.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 15, 1990.
Posting of property February 14, 1990.
Mailing to property owners within 300 feet - February 16, 1990.
PLANNING STAFF INPUT:
See Staff Report to the City Manager/City Council dated February 20, 1990.
APPLICANT'S
STATEMENT:
Michael K. Shea, representing Eagle Car Wash.
He is asking the Council to waive conditions 1 and 2 of the
conditional use permit for the following reasons: The lease for
Eagle Car Wash expires in March of 1991 with a possibility that
the lease time will be further shortened by the buy-back of the
property owner who has made a proposal to buy it back by
September of 1990. It is imposing a hardship to spend $7,000 to
widen the driveway and repair the cracks in the sidewalk. The
proposed new use for the site, according to City staff, is a
hotel that will not use the driveway they would be repairing.
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City Hall, Anaheim, California COUNCIL MINUTES - February 27. 1990. 5:30 P.M.
Councilman Daty.
He asked if Mr. Shea could live with a time extension until
April of 1991 which would allow all parties to decide what they
are going to do.
Michael Shea.
They seem to have a firm offer from the Zaby's to buy back the
lease in September. If they do so, he will accept it because
they are in the process of building another car wash out of the
County and would take their crew and management staff to that
car wash. A time extension to April of 1991 would take care of
the project. Relative to damage and/or hazardous sidewalks, the
sidewalks for about 10 feet in front of the car wash are cracked
but there is no grade separation. They do not see that as an
immediate hazardous situation.
Art Daw, Deputy City Engineer.
The condition was imposed as a result of a review by building
inspectors that there was some damaged sidewalk. If the
sidewalk is merely cracked, it would present no hazard but at
this point in time he does not know that is the case for certain.
Mr. Shea stipulated for Councilman Pickler if staff finds after
inspection that the sidewalk should be repaired, he will have
the sidewalk repaired.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
City Attorney White.
Council's action will be to extend the permit so that it will
expire March 31, 1991 but not require the applicant to comply
with conditions 1 and 2 except to the extent public safety
repairs may be necessary, i.e., any damages currently existing
that are public safety hazards will be repaired as requested by
the City Engineer following inspection.
Michael Shea.
If there is a hazardous situation, they agree to repair that
situation.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Daly, 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. 90R-70)
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City Hall, Anaheim, California COUNCIL MINUTES - February 27, 1990, 5;30 P.M.
Councilman Pickler moved to.waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 90R-70, granting Variance No. 3908,
deleting conditions 1 and 2 and amending condition no. 9 with repairs to be
made to the sidewalk if they are determined necessary by Engineering
Department. Refer to Resolution Book.
RESOLUTION NO, 90R-70; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE
NO. 3908 AND AMENDING RESOLUTION NO. 89R-286.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-70 duly passed and adopted.
179; ITEMS B1 B5 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 8, 1990
- DEGISION DATE; FEBRUARY 15, 1990; INFORMATION ONLY - APPEAL PERIOD ENDS
MARCH 2, 1990:
B1.
CONDITIONAL USE PERMIT NO, 3233 AND NEGATIVE DECLARATION:
OWNER: MR. & MRS. HENKI-CAPRI PROP, 4454 Van Nuys Blvd., #210,
Sherman Oaks, CA 91403
AGENT: PHILIP R. SCHWARTZE, 14841 Yorba Street, #203, Tustin, CA
92680
LOCATION: 5636 E. La Palma Avenue (west of Imperial Highway)
To permit on-sale alcoholic beverages in a proposed restaurant with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP No. 3233 APPROVED (ZAgO-OS).
Approved Negative Declaration.
B2.
CONDITIONAL USE PERMIT NO, 3234 AND NEGATIVE DECLARATION'
OWNER: MR. & MRS. HENKI-CAPRI PROP, 4454 Van Nuys Blvd., #210,
Sherman Oaks, CA 91403
AGENT: PHILLIP R. SCHWARTZE, 14841 Yorba St., #203, Tustin, CA 92680
LOCATION; 5632 E. La Palma Avenue (west of Imperial Highway)
To permit on-sale alcoholic beverages in a proposed restaurant with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP No. 3234 APPROVED (ZA90-09).
Approved Negative Declaration.
B3. VARIANCE NO. 4023, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: LAL & SHEILA THAKARA 1741 N. Pheasant, Anaheim, Ca 92806
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990. 5:30 P.M.
AGENT: BILL JOHNSON & TOM SHAW, 23212 Via Celeste, Trabuco Canyon,
CA 92679
LOCATION: 7495 Hummingbird Circle
Waiver of maximum building height to construct a 7,620 square-foot
single-family residence exceeding maximum permitted height.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4023 APPROVED (ZA90-10).
B4.
VARIANCE NO. 4024, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: TARBELL INVESTMENT COMPANY, 1403 N. Tustin Avenue, Santa Ana,
CA 92701
LOCATION; 321 South State College Blvd.
Waiver of minimum structural setback to construct a 3,193-square foot
office building.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4024 APPROVED (ZA90-11) modified Condition No. 12.
B5,
ADMINISTRATIVE ADJUSTMENT NO. 0043, CATEGORICALLY EXEMPT, CLASS 5:
REQUESTED BY: FELIPE FRASQUILLO URIBE, 716 North Hampton Street,
Anaheim, CA 92801
LOCATION; 716 North Hampton Street
Waiver of minimum front yard setback to construct a room addition to
an existing single-family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0043 GRANTED (ZA90-12).
End of the Zoning Administrator Items. MOTION CARRIED.
179; ITEMS B6 - B18 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 12,
1990: INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 6, 1990:
B6. WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3236 AND NEGATIVE
DECLARATION:
OWNER: NORBERT A. & RUTH M. WATERS, ATTN: BOB CARl{, 6045 Slauson
Avenue, Commerce, CA 90040
AGENT: L. A. CELLULAR, ATTN: BOB CARR, 6045 Slauson Avenue,
Commerce, CA 90040
LOCATION; 2501 East Ball Road
To permit an unmanned cellular telephone station including one
60-foot mono-pole with waiver of maximum structural height and
minimum structural setback along an arterial highway.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3236 DENIED (PC90-32) (4 yes votes, 3 no votes).
Waiver of code requirement DENIED.
Approved Negative Declaration.
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P.M.
BT. ENVIRONMENTAL IMPACT REPORT NO, 289, GENERAL PLAN AMENDMENT NO, 271.
RECLASSIFICATION NO, 89-90-22, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
PERMIT NO, 3206, DEVELOPMENT AGREEMENT NO, 83-02:
OWNER: SAVI RANCH ASSOCIATES, c/o HILLMAN PROPERTIES, 450 Newport
Center Drive, Ste. 304, Newport Beach, CA 92660; and KOLL COMPANY,
Attn: RON KEITH, 4345 Von Karmen, Newport Beach, CA 92660-221
AGENT: COMMUNITY SYSTEMS ASSOCIATION, 1717 S. State College Blvd.,
#100, Anaheim, CA 92806
LOCATION: 1001 to 1100 Pullman Street (Marketfaire at Anaheim)
For a change in zone from ML (SC) to CL (SC)
Request for amendment to the Land Use Element of the General Plan
proposing a redesignation from the existing General Industrial
designation to the General Commercial designation to amend and
restate Development Agreement No. 83-02 between SAVI Ranch Associates
and the City of Anaheim to permit a commercial retail center, one
free standing restaurant with on-sale alcoholic beverages and
entertainment, one drive-through restaurant, an automotive repair
center, a service station and mini-mart with fast food and off-sale
beer and wine, and an automotive car wash, with building heights in
excess of 35 feet, with waivers of minimum number of parking spaces,
required site screening and required landscaped setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
NO ACTION TAKEN on GPA No. 271.
Reclassification No. 89-90-22 (Revised) APPROVED (PC90-33) (5 yes
votes, 1 no vote, and 1 absent).
Waiver of code requirement GRANTED.
CUP NO. 3206 (Revised) GRANTED, IN PART, (PC90-34) sale of beer and
wine prohibited.
NO ACTION TAKEN on Development Agreement No. 83-02.
Set for public hearing before City Council on March 13, 1990 due to a General
Plan Amendment.
BS,
RECLASSIFICATON NO. 89-90-37, VARIANCE NO, 4018 AND NEGATIVE DECLARATION:
OWNER: FRANZ DOHL, 2134 W. Romneya Drive, Anaheim, CA 92801
AGENT: MARKO E. BOTICH, 2134 W. Romneya Drive, Anaheim, CA 92801
LOCATION: 883 South Anaheim Boulevard
For a change in zone from RS-7200 to CL.
For waivers of (a) required location of parking area, (b) minimum
structural setback and (c) required improvement of parking area to
establish a commercial use in a residential structure.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 89-90-37 GRANTED (PC90-35) (6 yes votes, 1
absent).
Variance No. 4018 GRANTED (PC90-36).
Approved Negative Declaration.
B9. VARIANCE NO. 4021, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: RICK D. BUCCOLA, 1045 Via De Rosa, Anaheim, CA 92807
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City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1990, 5;30 P,M.
AGENT: LEONARD HUNDLEY, 784 Springwood, Apt. O, Corona, CA 91720
LOCATION; 1045 Via De Rosa
Waiver of prohibited ground-mounted equipment to retain one
ground-mounted satellite dish.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4021 DENIED (PC90-37) (6 yes votes, 1 absent).
Appealed by the applicant, public hearing to be held before Council on
April 3, 1990.
BIO. RECLASSIFICATION NO, 89-90-40, VARIANCE NO, 4028, CATEGORICALLY EXEMPT,
CLASS 3:
OWNER: ANAHEIM HOUSING AUTHORITY, Attn: ERIC NICOLL, 300 South
Harbor Blvd., Anaheim, CA 92805
AGENT: HABITAT for HUMANITY, Attn: CHUCK LESTER, P. O. Box 7086,
Orange, CA 92613
LOCATION; 1001-1005 Patt Street
For a change in zone from RM-1200 to RM-3000 or a less intense zone,
and to construct two condominiums with waivers of (a) minimum site
area per dwelling unit, (b) minimum recreational/leisure area, (c)
required vehicle access and (d) maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 89-90-40 DENIED (PC90-38) (6 yes votes, 1
absent).
Variance No. 4028 GRANTED, IN PART, (PC90-39) with waivers of (a)
minimum site area per dwelling unit - GRANTED, (b) minimum
recreational/leisure area - GRANTED, (c) required vehicle access
GRANTED, and (d) maximum fence height - DELETED.
Bll
VARIANCE NO. 4027, CATEGORICALLY EXEMPT. CLASS 5:
OWNERS: BONNIE MOORE, 15400 E1 Manita Ave., Gardena, CA 90249,
REBECCA MOORE, 3754 Sangate Ave., Torrance, CA 90504, JOSEPHINE and
DENNIS HODKINS, 920 37th Street, San Pedro, CA 90731
LOCATION: 809 N. Nancita Street
To retain an existing patio cover and room enclosure, and a bathroom
located in the garage, with waivers of (a) minimum dimensions of
garage space, (b) minimum side yard setback and (c) minimum rear yard
setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4027 GRANTED, IN PART, (PC90-40) with waiver (a) minimum
dimensions of garage space - DENIED, required dividing wall in garage
to be removed; subject to approval of Building Department that meets
codes, and subject to stipulation that structure will only be rented
to one family (6 yes votes, 1 absent).
B12. VARIANCE NO, 4022, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: RONALD M. FRUMKIN, 781 S. Goldfinch Way, Anaheim, CA 92807
LOCATION; 781 South Goldfinch Way
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5;30 P.M.
Waiver of prohibited ground-mounted equipment to retain a
ground-mounted satellite dish.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4022 GRANTED (PC90-41) subject to stipulations to lower
dish and provide additional screening; and provide name and address
of installer so Code Enforcement can advise them of City regulations
(6 yes votes, 1 absent).
B13, VARIANCE NO, 4025 AND NEGATIVE DECLARATION IN CONJUNCTION WITH PREVIOUSLY
CERTIFIED EIR NO, 256:
OWNER: KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, 2121
Palomar Airport Road, #201, Carlsbad, CA 92008
AGENT: W. THOMAS LUNNEN, 30220 Rancho Viejo Road, "A", San Juan
Capistrano, CA 92675
LOCATION; At the northeast corner of Roosevelt Road and Monte Vista
Road and further described as the southwest terminus of Chaparral
Court,
Waivers of required lot frontage and minimum site area to construct
four (4), 2-story office buildings.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4025 GRANTED (PC90-42) subject to providing staff with
amended copy of Covenants, Conditions, and Restrictions (6 yes votes,
1 absent).
Approved Negative Declaration in conjunction with previously
certified EIR No. 256.
B14. GENERAL PLAN AMENDMENT NO, 289, RECLASSIFICATION NO, 89-90-39 AND
NEGATIVE DECLARATION:
INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Boulevard,
Anaheim, CA 92803
LOCATION: General Plan Amendment No, 289: Subject area consists of
approximately 9 acres and is located north and west of the northwest
corner of Ball Road and Western Avenue having approximate frontages
of 398 feet on the north side of Ball Road and 1,070 feet on the west
side of Western Avenue.
LOCATION; Reclassification No. 89-99-39:
Parcel 1: 919 South Western Avenue;
Parcel 2: 3221 West Ball Road.
General Plan Amendment No. 289: A City-initiated amendment to the
Land Use Element of the General Plan redesignating subject area from
the Medium Density Residential designation to the Low-Medium Density
Residential designation.
Reclassification No, 89-90-39: A City-initiated reclassification of
properties from the RM-1200 (Residential, Multiple-Family) Zone to
the RM-2400 (Residential, Multiple-Family) or a less intense zone.
Subject area consists of 2 parcels.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1990, 5:30 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
RECOMMENDED APPROVAL of GPA NO. 289 - Modified Exhibit A (PC90-43) (6
yes votes, 1 absent) excluded those properties at the southwest
corner of Western and Teranimar and southwest corner of Western and
Faircrest. (Modified Exhibit A, to exclude four parcels, located at
the corner of Teranimar and Western and Faircrest and Western.)
Reclassification No. 89-90-39 GRANTED (PC90-44) covers apartments at
Western & Ball in connection with GPA. (6 yes votes, 1 absent)
Instructed Staff to initiate GPA proceedings for four parcels at
Teranimar & Western and Faircrest and Western (excluded in GPA 289).
Set for public hearing before the City Council on March 27, 1990, due to GPA
No. 289.
B15, GENERAL PLAN AMENDMENT NO, 290 AND NEGATIVE DECLARATION:
INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Boulevard, Anaheim,
CA 92803
LOCATION: Subject area consists of those 6 parcels located on the
north side of Palais Road having a combined frontage of approximately
420 feet on the north side of said street,
A City-initiated amendment to the Land Use Element of the General
Plan redesignating subject area from the Medium Density Residential
designation to the Low Density Residential designation.
ACTION TAKEN BY THE PLANNING COMMISSION:
RECOMMENDED APPROVAL of GPA NO. 290, Exhibit A, (PC90-45) (6 yes
votes, 1 absent).
Approved Negative Declaration.
Set for public hearing before the City Council on March 27, 1990, due to GPA
No. 290.
REPORTS AND RECOMMENDATIONS:
B16. CONDITIONAL USE PERMIT NO. 3015 - REQUEST FOR REVIEW OF LANDSCAPE PLANS:
LOCATION; 135 W, Ball Road
Charles Sedgh (Westland Development Incorporated) requests review of
landscape plans.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED.
B17. PROPOSED AMENDMENT TO CONSIDER THE COMMERCIAL USE OF A RESIDENTIAL
STRUCTURE IN THE RS-A-43,000 ZONE:
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended for adoption to Council.
Councilman Hunter offered Ordinance No. 5102 for first reading.
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C~ty Hall. Anaheim. California - COUNCIL MINUTES - February 27. 1990, 5;30 P.M.
ORDINANCE NO. 5102: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION
.315 TO SECTION 18.21.050 TO CHAPTER 18.21 OF TITLE 18 RELATING TO RESIDENTIAL
STRUCTURE COMMERCIAL USE.
B18, REQUEST FOR PLANNING COMMISSION INITIATION OF GENERAL PLAN
AMENDMENT/RECLASSIFICATION PROCEEDINGS.
LOCATION: Study area of 1.09 acres generally bounded by Pearl Street
to the north, West Street to the east, the alley south of Pearl
Street to the south, and Carleton Avenue to the west.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED.
End of the Planning Commission Items. MOTIONS CARRIED.
B19. REQUESTS FOR REHEARING: CEQA NEGATIVE DECLARATION (READVERTISED),
GENERAL PLAN AMENDMENT NO. 272 (READVERTISED), RECLASSIFICATION NO. 89-90-23
(READVERTISED). WAIVER OF CODE REOUIREMENT CREADVERTISED, CONDITIONAL USE
PERMIT NO, 3214 (READVERTISED)
OWNER: JAFAR JAHANPANAH, 520 N. Rexford Drive, Beverly Hills, CA
90210
AGENT: RONALD J. CROWLEY, 1700 Raintree Rd., Fullerton, CA 92635
LOCATION; 1585 West Katella Avenue
For a change in zone from RS-10,000 to RM-2400. Petitioner requests
an amendment to the Land Use Element of the General Plan proposing a
redesignation from the existing Commercial Professional designation
to the Low-Medium Density Residential designation. To permit a
24-unit, RM-2400 condominium complex with waivers of maximum
structural height, minimum building setback, minimum recreational
leisure area, and maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA No. 272 DENIED (PC89-295) (4 yes votes, 3 no votes).
Reclassification No. 89-90-23 DENIED (PC89-296) (6 yes votes, 1 no
vote).
Waiver of code requirement DENIED (5 yes votes, 2 no votes).
CUP NO. 3214 DENIED (PC89-297) (5 yes votes, 2 no votes).
Approved Negative Declaration.
Review of the Planning Commission's decision was requested by Councilman
Pickler and Councilman Ehrle, and public hearing scheduled and continued from
the meetings of January 16, 1990, and February 6, 1990, to February 13, 1990
(see minutes those dates).
At the Public Hearing held February 13, 1990, the City Council approved
GPA 272-Exhibit B, approved Reclassification No. 89-90-23, and denied CUP
No. 3214.
A request for rehearing was submitted by the Agent, Ronald J. Crowely.
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City Hall, Anaheim, California - COUNCIL MINUTES February 27, 1990, 5:30 P.M.
MOTION: Councilman Pickler.moved to approve the rehearing request submitted
by the agent on the above project. Councilman Hunter seconded the motion.
MOTION CARRIED.
B20. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3227 AND NEGATIVE
DECLARATION:
OWNER: B.U. PATEL, TARSADIA, INC., 650 Town Center Drive, Suite
1910, Costa Mesa, CA 92626
AGENT: FARANO AND KIEVIET, 100 S. Anaheim Boulevard, Suite 340,
Anaheim, CA 92805
LOCATION; 1326 South West Street
To permit a 4-story, 166 room hotel with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3227 DENIED (PC89-320) (5 yes votes, 2 absent).
Waiver of code requirement DENIED.
Negative Declaration DENIED.
Letter of appeal submitted by the agent, Farano and Kieviet, and set
for public hearing on January 23, 1990, at 6:00 P.M.
Informational item at the meeting of January 9, 1990, Item Bi.
Continued from the meetings of January 23,. 1990, Item D4, and
February 6, 1990, Item D2, as requested by the agent, Farano and
Kieviet.
At a public hearing held February 13, 1990, (Item D2) City Council
DENIED CUP No. 3227, and DENIED Negative Declaration Status. Request
for rehearing submitted by the Agent, Farano and Kieviet.
A letter of appeal was submitted by the agent, Farano & Kieviet and public
hearing set on January 23, 1990 at 6:00 p.m. The public hearing was continued
from the meetings of January 23, 1990 and February 6, 1990, to February 13,
1990.
At that public hearing, the City Council denied Conditional Use Permit
No. 3227 and denied negative declaration status. A request for rehearing was
submitted by the agent Farano & Kieviet.
MOTION: Councilman Pickler moved to deny the request for a rehearing.
Councilman Hunter seconded the motion.
Before a vote was taken, City Attorney White explained three alternatives the
Council has available - either to grant the request for rehearing, deny the
request or not to act on the request but merely continue it until such time as
the applicant had prepared an EIR or has satisfied the City as to the
environmental documentation. The request for rehearing could then be
considered at that time. The difference between the second and third
alternative is that if the Council denies the request for a rehearing, it will
automatically have to go back to the Planning Commission if it is
rejuvenated. It could be continued as an off agenda item that would be
reagendized by the staff or at the request of the petitioner at a later date
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for reconsideration by the Council at that time. He does not have any problem
legally doing that. He is not making a recommendation one way or the other.
He had suggested to the applicant's attorney when he was asked that it would
not be an illegal procedure.
MOTION; Councilman Pickler moved to continue the rehearing request to a date
uncertain to be reagendized at a later date at the request of staff or the
property owner. Councilman Ehrle seconded the motion. MOTION CARRIED.
B22, RECLASSIFICATION NO, 88-89-14 AND CONDITIONAL USE PERMIT NO, 3077
REQUEST FOR EXTENSION OF TIME; Request by David Stto, Architecture Plus,
Inc., 11545 South Street, Ste. 67, Cerrttos, CA 90701. The property is
located at 3107, 3111 and 3115 West Lincoln Avenue (north of Lincoln Avenue,
west of Grand Avenue). The petitioner requests extensions of time
(retroactive to January 17, 1990) to expire January 17, 1991, for
Reclassification No. 88-89-14 (for a change in zone from RS-7200 to CL) and
Conditional Use Permit No. 3077 (to permit an 8,833 sq.ft., 9-unit, commercial
retail center with waivers of maximum structural height and minimum open
setback abutting a residential zone boundary). This matter was continued from
the meeting of February 13, 1990, to this date.
Annika Santalahti, Zoning Administrator, explained for the Council that the
height waiver which also pertains to setback is from the RS-7200 zone to the
east and west of the property. She does not believe it pertains to the rear
of the property. It is a one-story building which goes up to the rear of the
property line which is the alley. The parking will be in the front along
Lincoln. The posted drawing is an analysis that the City Traffic Engineer was
involved in. If the remainder of the properties on the north side of Lincoln
were to go commercial, the City does not want each one to have its own
driveway and circulation pattern. This developer and any future ones would
have to dedicate and one of the conditions is a mutual access easement so that
the whole area would have integrated vehicular access across the property.
The developer has picked up three of the currently residential lots.
Councilman Hunter asked if the developer would be willing to decrease the
number of units.
David Sito. It does not have to be 9 units. It could only be 3. The 9 units
is according to the parking requirements. In the future the whole strip is
going to be a shopping center, the entire property between Western and Grand
Avenue. It is going to be a shopping center along the entire front of
Lincoln. They intend to pick up all the property from Western to Grand but
have not come to any agreement as yet.
City Attorney White. The Council could, by stipulation, in exchange for an
extension without having the matter reheard reduce the number of units. There
is no legal problem in reducing the number of units but there would be for an
increase in the number.
Mr. Sito. They have met all the requirements such as combining all the three
lots, ingress and egress and easement matters. The only thing left is for the
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Engineering Department to figure out how to stripe a no parking left turn lane
into the project. It does not have to be 9 units. That was the original
proposal to the Council by the original developer. It is not a matter of
units but square footage. If Council says 7 units he has no objection.
Joel Fick, Planning Director. Since parking is based on square footage, the
number of units would not have a bearing on the parking number count. He
confirmed for Councilman Daly if they wanted to increase the number of units
they would have to come back to the Council.
City Attorney White. The Council needs to specify not only the square footage
but also the number of units; Councilman Daly. He suggests leaving the same
square footage but only 3 units with an extension of time to expire
January 17, 1991.
City Attorney White clarified that in order to have more than 3 units the
owner would have to apply for modification of conditions of the conditional
use permit granted by the Planning Commission.
Mr. Sito was concerned with only 3 units and he would prefer to have at least
5 or 6.
Councilman Ehrle felt 4 units, which would give 2,200 square feet a unit would
be appropriate and thereupon move to approve the request for extension of time
to January 17, 1991, approving 8,833 square feet but only 4 units. Councilman
Hunter seconded the motion. MOTION CARRIED.
179; ORDINANCE NO, 5096 - VACATION OWNERSHIP RESORTS: Adding and amending
various subsections, sections and Chapters of Title 2 and Title 18 of the
Anaheim Municipal Code relating to vacation ownership resorts. The ordinance
was introduced at the meeting of February 6, 1990, and after additional input
from Mr. John Erskine, changes were agreed to by both Mr. Erskine and staff
and there was an amended first reading of the ordinance (see minutes that
date).
Assistant City Manager, James Ruth. Staff has met with the principals. He
believes they are in a position to recommend going forward with the ordinance
this evening with the opportunity that they would be able to mitigate their
concerns.
Mayor Hunter. His understanding is one of the concerns related to page 6 of
the proposed ordinance, Section .0100 - vacation ownership resorts subject to
Transient Occupancy Tax (TOT). At the time they file a CUP, they will have to
meet certain requirements.
Mr. Ken Stone, Program Development & Audit Manager. They had a chance to
review the changes suggested two weeks ago. Their concerns are in the method
used to identify alternate revenues and to monitor and verify those once the
project goes in. They will be working with the developers to reconcile those
differences and also hope to suggest some improvements to streamline the
ordinance in the future to ease and eliminate disputes concerning the
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calculation of alternate rates and collection of TOT on those units rented out
as hotel units. They also have a concern that the units rented out as hotel
units have some minimum floor on the pricing so they are competitive with the
surrounding hotel community. They hope to be able to work those out with the
CUP process. If there are procedural changes in the ordinance, they would
come back with those changes.
John Ersktne, 650 Town Center Drive. Those provisions are acceptable. They
talked to staff during the break and he feels those concerns can be addressed
in the CUP.
WAIVER OF READING - ORDINANCE; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5096)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5096 for adoption. Refer to
Ordinance Book.
ORDINANCE NO, 5096; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND AMENDING
VARIOUS SUBSECTIONS, SECTIONS AND CHAPTERS OF TITLE. 2 AND TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO VACATION OWNERSHIP RESORTS.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5096 duly passed and adopted.
179; ORDINANCE NO 5097 - ADOPTION; Amending Section 18.03.030 of Chapter
18.03 of Title 18 of the Anaheim Municipal Code pertaining to conditional use
permit findings. (Introduced at the meeting of February 13, 1990, Item Al9.)
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5097)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance No. 5097 for adoption. Refer to Ordinance
Book.
ORDINANCE NO, 5097; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.03.030 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
PERTAINING TO CONDITIONAL USE PERMITS.
Roll Call Vote:
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AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5097 duly passed and adopted.
179; ORDINANCE NO 5098 - ADOPTION; Amending Subsection .030 of Section .058
of Chapter 18.02 of Title 18 of the Anaheim Municipal Code relating to zoning.
(Continuation of nonconforming buildings.)
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5098)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance No. 5097 for adoption. Refer to Ordinance
Book.
ORDINANCE NO, 5098; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.030 OF SECTION .058 OF CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5098 duly passed and adopted.
108/142/179: ORDINANCE NOS, 5099 AND 5101 - ADOPTION;
WAIVER OF READING ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 5099 and 5101)
Councilman Pickler moved to waive the reading in full of the ordinances.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance Nos. 5099 and 5101, both inclusive, for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 5099; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.02
TO EXEMPT CHARITABLE ORGANIZATIONS FROM THE PAYMENT OF FEES FOR SPECIAL EVENTS.
ORDINANCE NO, 5101: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 88-89-50,
located at 227 North Coffman Street, from the RS-7200 zone to the RM-3000
zone.)
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Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance Nos. 5099 and 5101 duly passed and adopted.
179; ORDINANCE NO, 5100; Amending Title 18 to rezone property under
Reclassification No. 73-74-09(11), located at 305 North Brookhurst Street,
from the RS-A-43,000 zone to the CL zone.
Councilman Pickler. He is concerned with this area with a conglomeration of
different uses. He does not know how the area can be cleaned up or how to
stimulate something substantial to be built there rather than perpetuating the
same kind of uses on the small lots that are involved.
Annika Santalahti, Zoning Administrator. On the other project which the
Council acted upon on Lincoln Avenue earlier in the meeting, the Planning
Commission's approval on the General Plan Amendment imposed a requirement
where they wanted to see no fewer than five lots come in together for any
commercial purpose. In the item before the Council. at this time, that
business had been established and when the action was filed, one of the
conditions was to finalize the commercial zoning for the business that existed
on the property. If Council was interested, staff could perhaps advertise a
process which would be a modification to the reclassification from the 1970's
to consider adding a condition that would require more than one lot in order
to try to force a more cohesive development. The situation of access could
also be addressed at the same time. It would not apply to this item but to
future proposals.
Mayor Hunter. It seems to him they need the private sector to go in and
assemble properties in order to do something more appropriate rather than
piece-meal proposals.
Brian Bolton, 305 North Brookhurst. He understands what the Council is
talking about and he has complied with all conditions. It is difficult for
the small businessmen who cannot afford to do what the Council would like to
see happen.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5100)
Councilman Pickler moved to waive the reading in full of the ordinance°
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5100 for adoption. Refer to
Resolution Book.
ORDINANCE NO. 5100: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
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(Reclassification No. 73-74-09(11) 305 North Brookhurst to the GL zone).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5100 duly passed and adopted.
179; ORDINANCE NO. 5103 - INTRODUCTION; Councilman Daly offered Ordinance
No. 5103 for introduction.
ORDINANCE NO. 5103: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 89-90-05,
located at 715 South State College Boulevard, from the RS-7200 zone to the CO
zone.)
168: REQUEST TO RENAME A PORTION OF CHEVY CHASE DRIVE TO CANARY WAY: Request
from Craig Di Bias, Joseph C. Truxaw and Associates, Inc., to rename a portion
of Chevy Chase Drive to Canary Way between Condor Street and Manzanita Park.
(Park Vista Apartment Redevelopment Area.) Submitted was report dated
February 20, 1990 from the Planning Department/Building Division, recommending
that the subject request be granted.
MOTION; Councilman Pickler moved to grant the subject request to rename a
portion of Chevy Chase Drive to Canary Way between Condor Street and Manzanita
Park (Park Vista Apartment Redevelopment Area). Councilwoman Kaywood seconded
the motion. MOTION CARRIED.
108; APPLICATION FOR POOL ROOM PERMIT - 1729 WEST LA PALMA AVENUE;
Application for pool room permit submitted by Jaroenchai Limjarden to operate
a pool room with eight pool tables at 1729 West La Palma Avenue. (A public
hearing is also scheduled this date on subject property - see item D3.)
Submitted was report dated February 16, 1990 from the Planning Department/Code
Enforcement Division, recommending denial of the application.
A public hearing was held earlier in the meeting involving the request for a
conditional use permit at this location to permit on-sale beer and wine with a
waiver of the minimum number of parking spaces. The Council denied the
conditional use permit.
MOTION; Gouncilman Hunter moved to deny the application for a pool room
submitted at 1729 West La Palma finding by reason of the location of the
proposed use conducting a pool room would be detrimental to public health or
public order. Councilman Daly seconded the motion. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST;
Carl Anderson, 520 North Lemon, north east corner of Pearson Park. He is
asking that the Council limit the use of Pearson Park for large political
gatherings. Last Saturday (February 24, 1990) a Walk for Life anti-abortion
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group with more than 2,000 people gathered in the park. They were very noisy
and created a lot of problems in the neighborhood. The neighborhood was not
consulted whether a permit should be issued. There were no adequate parking
facilities for the event and no police surveillance. The finish line was at
the corner of Sycamore and Lemon by the Modjeska Statue. Behind that, 25 feet
away, was a rock band. A lady across the street from the park is critically
ill and he is sure she was disturbed by the gathering. If such events are
allowed to take place at the park, they should be limited as to the number of
people. He called the police four times to see if they could reduce the noise
being produced but no police arrived.
Councilman Daly asked if there is a policy limiting the volume of persons who
can get a permit to gather in a park.
Councilwoman Kaywood. She thought there was to be no political uses of the
parks.
Assistant City Manager, James Ruth. He believes there is a permit process if
the group is over 25 in number.
City Attorney White. That is correct. He does not believe in looking through
the code sections there is a provision that would Limit the use of the park
based on whether it was a political gathering or not. He believes the only
limits relate to the number requiring a permit for more than 25 people.
Councilman Pickler. He suggests that the City Manager look into the matter
and subsequently have him contact Mr. Anderson.
Carl Anderson. It is an ongoing problem. It is not only that event but a lot
of other problems in the park that need to be cleaned up. He has been living
there for 11 years and continues to exercise his voice to the Council in
various ways. The park continually goes downhill. He has two radical
suggestions - chain link fence Pearson Park and secondly take Sycamore Street,
going west on Sycamore and terminating at Harbor Boulevard and cul de sacing
it.
Donna Graham, 3346 West Alinda Lane, Anaheim. Relative to an earlier item
(Item A20) she and her friends have been working hard to get a traffic light
at Danbrook and Knott. The item says it is increasing expenditures by $3,000
in that account. She asked what that meant. They understood funding had not
been allocated for the traffic light. She asked if that meant that $3,000 has
been allocated toward the design.
Councilwoman Kaywood. The account was short by $3,000 and that was added to
it. It was added for the pedestrian signal. That was done by the Council
earlier today.
Councilman Pickler. They gave direction to staff that they want the light
installed. The action taken today is a plus. If a call had been placed to
the Traffic Engineer, he would have explained the situation.
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Councilwoman Kaywood.
taken out of priority.
in the report today.
She emphasized, however, that the light was not being
It has been moved up to December of 1990 and that was
Mayor Hunter. The project is to be advertised in July and awarding
construction of the project completed in December.
Councilman Daly. He asked that staff call Mrs. Graham first thing in the
morning to give her an updated report on the status of the traffic signal.
Ruth VanGtlder, 225 South Knott. She asked if that meant the $42,000 quoted
at the last Council meeting has also been approved or if the $3,000 is to
start the design.
Councilwoman Kaywood. She reiterated as the Mayor stated there will be
advertising in July, award of contract in August and construction of the light
in December. That was what was passed today.
Mrs. VanGilder stated that the Traffic Engineer told them the signal could be
completed by July if it was put in number one priority. She asked if there
was a reason why that was not done.
Councilwoman Kaywood. The Traffic Safety Committee meets and analtzes each of
the requests. Those requests are then placed in priority and priorities are
to be adhered to.
RECESS - CLOSED SESSION; By general consent the Council recessed to Closed
Session to consider the remainder of the items from the Closed Session held at
3:00 p.m.
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (11:00 p.m.)
ADJOURNMENT; Councilman Hunter moved to adjourn the meeting of February 27,
1990 to an adjourned regular meeting to be held Friday, March 2, 1990 at
4:30 p.m. for the purposes of a Closed Session. Councilwoman Kaywood seconded
the motion. MOTION CARRIED. (11:01 p.m.)
LEONORA N. SOHL, CITY CLERK
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