1990/04/03City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
COUNCIL MEMBERS: Pickler
CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
ZONING DIVISION MANAGER: Greg Hastings
ASSOCIATE PLANNER: Debora Fank
ASSISTANT PLANNER: Jonathan Borrego
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:35 p.m. on March 30, 1990 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 4:00 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 Company 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 consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager or City
Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in closed session.
AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting. (6:00
p.m.)
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INVOCATION: Pastor Lawrence Wilkes, Bethel Baptist Church, gave the
invocation.
FLAG SALUTE; Councilman Tom Daly led the assembly in the Pledge of Allegiance
to the Flag.
119: PRESENTATION: Adoption of Operation "Love-A-Bear". This presentation
is to be made later by Bob Young, Division Chief, Fire Operations.
119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was
unanimously adopted by the City Council to be presented to Earl T. Tom
Bouslog, recognizing his retirement after 35 years, 5 months. The Engineering
Department extended sincere appreciation for the 35 plus years of dedicated
service to the citizens of Anaheim, recognizing his retirement and wishing him
well.
119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was
unanimously adopted by the City Council to be presented to Gordon W. Hoyt at
his retirement/farewell party on April 21, 1990. Mr. Hoyt served the City as
General Manager of the Public Utilities Department for 25 plus years and
receives the CouncilVs highest commendation and sincerest thanks on behalf of
the citizens and businesses of the City who enjoy the finest in water and
electrical service at reasonable rates, due in no small part to Mr. Hoyt's
dedicated and professional service.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council to be presented to Kristen Nygren for
receiving the Girl Scout Silver Award, commending her for her accomplishments
leading to her receiving the coveted Girl Scout Silver Award.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Michael Ready, fourth
grader at Stoddard Elementary School, congratulating him upon winning the
poster contest publicizing "May Is Paint And Plant Month In Anaheim". Mayor
Hunter and Council Members personally congratulated Michael. He was presented
with tickets to Disneyland as well as a check for $250 for his school class to
purchase art supplies.
119: PROCLAMATION: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Welcoming the General Construction Trade Expo to Anaheim May 28 June 1, 1990.
Anaheim Family YMCA Day in Anaheim, April 13, 1990
Fair Housing Month, April, 1990
Kids Fitness Week in Anaheim, April 22-28, 1990
"The Great American Trash Off" Day, March 31, 1990
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P.M.
David Quezada, Executive Director, accepted the Proclamation for Fair Housing
Month and John Roche, Maintenance Director, accepted the proclamation for The
Great American Trash Off Day.
119: DECLARATIONS OF COMMENDATION: Declarations of Commendation were
unanimously adopted by the City Council and presented to Robert Langenwalter,
a senior at Esperanza High School, for winning the California State Wrestling
Championship in the 126 pound division and to Tony Okada, junior at Savanna
High School, for winning the California State Wrestling Championship in the
132 pound division. Robert was accompanied by his coach, Chuck Bishop, and
Tony was accompanied by his coach, Tom Caspari. The Mayor and Council Members
congratulated both the athletes and their coaches for their dedication and
achievements.
MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular
meeting held February 27, 1990. Councilman Daly seconded the motion.
Councilman Pickler was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,645,135.43 for the week
ending March 30, 1990, in accordance with the 1989-90 budget, were approved.
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-102 and 90R-103 for adoption and Ordinance No. 5115 for
adoption.
Al. 118: The following claims were filed against the City and action taken
as recommended.
a. Claim submitted by Sandra Nelson for bodily injury sustained
purportedly due to actions of the City on or about December 26, 1989.
b. Claim submitted by Barbara Johnson for bodily injury sustained
purportedly due to actions of the City on or about December 26, 1989.
c. Claim submitted by Tanisha Johnson for bodily injury sustained
purportedly due to actions of the City on or about December 26, 1989.
d. Claim submitted by Rebecca Sue Samis for bodily injury sustained
purportedly due to actions of the City on or about December 26, 1989.
e. Claim submitted by Roberto Serrano for property damage sustained
purportedly due to actions of the City on or about February 22, 1990.
A2. 105: Receive and file minutes of the Community Redevelopment Commission
meeting held March 14, 1990.
105: Receive and file minutes of the Public Utilities Board meeting held
March 1, 1990.
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156: Receive and file the Crime and Clearance Analysis, Anaheim Police
Department, dated March 19, 1990.
175: Receive and file Notice to Customers from Southern California Gas
Company of a filing with the California Public Utilities Commission for
authorization to increase total revenues collected annually beginning October
1, 1990.
105: Receive and file Minutes of the Anaheim Parks and Recreation Commission
meeting held January 24, 1990.
A3. 153/152: Authorizing the voluntary transfer of vacation hours to the
account of Jeantine Golnazarian, Public Utilities; authorizing the retroactive
use of vacation time so transferred; and waiving the provision of Article 41.2
Vacation of the Memorandum of Understanding between the AMEA General Unit and
the City.
A4. 128: Receiving and filing the Monthly Financial Analysis from the
Finance Director for the seven months ended January 31, 1990.
A5. 123: Approving an agreement between IRIS, a Professional Auxiliary of
Assistance League of Anaheim, and the Anaheim Fire Department concerning
"Operation Love-A-Bear"; and an additional agreement between IRIS and the
Anaheim Fire Department concerning the "Senior Economic Assistance Program".
A6. 169: Awarding a contract to the lowest and best responsible bidder,
Vernon Paving Company, in the amount of $154,768.65 for the Richfield Road/Fee
Aha Street Street Improvements.
A7. 175: Accepting the improvements and authorizing the Mayor to sign and
City Clerk to file the Notice of Completion for the 1989-90 Watermain
Improvements, City Wide. (Valverde Construction, Inc.)
A8. 170/123: Approving the Final Map and Subdivision Agreement for Tract No.
13825. Said tract is located at 207-223 Coffman Street and contains 1.298
acres divided into 2 lots in the RM-3000 zone. (Terdor, Inc., and DMST
Development are the developers)
A9. 123: Authorizing the First Amendment to an Agreement with Feedback
Foundation, Inc., Project T.L.C., to advance the balance of allocated City
funds upon execution of the amendment rather than in accordance with the
previously established quarterly schedule.
Al0. 123: Approving an agreement with Wilson Hentzen, Landscape Architects,
in the amount of $25,675 for consultant services to develop a master plan for
the golf/park maintenance yard adjacent to Oak Canyon Nature Center and
Anaheim Hills Golf Course.
Ail. 160: Accepting the low bid of Case & Sons Construction Company in the
amount of $94,300 to paint forty-one steel cantilever sections of the roof
area at Anaheim Stadium, in accordance with Bid #4814.
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City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P,M,
Al2. 160: Accepting the bid of G & W Electric Company, c/o Banes Associates,
in the amount of $23,311.25 for ten each 15KV 200 AMP loadbreak switches, in
accordance with Bid #4813.
Al3. 160: Accepting the bid of Greeley Metal Fabricators in the amount of
$28,040 to fabricate and install seven expansion joints at the Stadium, in
accordance with Bid #4821.
Al4. 160: Accepting the low bid of Case & Sons Construction Company in the
amount of $89,300 for painting the rollout grandstands in the Stadium, in
accordance with Bid #4815.
Al5. 160: Accepting the bid of Johnson Lift in the amount of $36,968.62 for
one construction type forklift in accordance with Bid #4805.
Al6. 160/123: Accepting the bid of Mariposa Landscapes, Inc., in the amount
of $143,474.76 for landscape maintenance services for a period of eighteen
months, in accordance with Bid #4777 and further authorizing the Mayor and
City Clerk to execute an agreement with said firm. Submitted was report dated
March 27, 1990 from the Finance-Purchasing Division recommending acceptance of
the subject bid and authorizing execution of the agreement for landscape
maintenance services for a period of 18 months plus any additional services as
required/authorized.
City Manager Bob Simpson announced that Mr. Michael Haberberger, Service
Employees International Union, Orange County Public Employee Council,
representing members of the Anaheim Municipal Employees Association (AMEA)
wished to speak.
Mr. Michael Haberberger. Many of the members in the Parks Department think it
is a good idea to contract out some of the parkway and median maintenance they
currently perform so their skills can be used more effectively in other high
profile parks. The biggest concern is with the way this particular project
was conceived and effected. Parks Management has failed to prove the contract
will result in any savings. The proposed bid amount does not include extra
work items such as replacement of worn or damaged sprinkler parts, remedial
landscaping and repairs because of vandalism or other unforeseen
circumstances. Day-to-day responsibilities of City employees are considered
extra work for the private contractor and will be done with a separate
additional charg~ to th~ City which will o££~et a slgni£icant amount o£ the
projected savings resulting from this contract. Parks Management did not
consider reduced maintenance needs of certain contract areas which have
recently been improved with new irrigation systems and lower maintenance
plant varieties. The union feels accepting the bid before the Council
amounts to a "shot in the dark". The failure of Park Management to require
set charges or limits on the so-called extra work opens the door for
significant additional charges to be added on top of the base amount of
$143,000 plus for the bid. They are recommending that the Council reject the
bid and direct City Management to be prepared to prove that any future plans
to contract out public Services will actually save money for the City
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Mayor Hunter. The proposal is on a trial basis and it is not jeopardizing any
jobs now or in the future. The fact that they are going to privatization does
not mean that current employees are going to be "axed" or there will be
layoffs. If the company comes in with additional extra charges, when it is
time for contract renewal they will not be considered again.
Councilman Ehrle. This is a pilot program. Other departments in the City
have contracts with outside companies for services. Perhaps they will find
that the contract will save the City money in the long term and in the
meantime those Parks employees affected can be put to a higher and better
use. He is willing to give an 18-month trial and evaluate it after that time.
Councilwoman Kaywood. The subject was approved as part of the Parks
Department 1989-90 budget. The funds for those contract services were
included and if not, there would have been a request for three additional
maintenance workers and three additional new pickup trucks. It is a good
pilot program. As mentioned, many of the Park employees are in favor which
they would not be if there was any threat or concern that anybody's job was in
danger.
Councilman Daly. He recommended that the Parks and Recreation Staff report
back to the Council within six months as to what the experience is if
standards are being met, if there are any additional charges the City is being
requested to pay, etc.
Al7. 123: Approving an agreement relating to the employment of James D. Ruth
as City Manager. This item was removed from the Consent Calendar and is to be
rescheduled at the request of Staff.
Al8. 113: RESOLUTION NO 90R-102: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENTS TO THE CONFLICT OF INTEREST CODE FOR THE
CITM OF ANAHEIM.
Al9. 158: RESOLUTION NO. 90R-103: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A20. 108/171/142: ORDINAiNGE NO. 5115 - ADOPTION: AN ORDINANGE A/~ENDING
ORDINANCE NO. 1052 OF THE CITY OF ANAHEIM ENTITLED "AN ORDINANCE OF THE CITY
OF ANAHEIM IMPOSING A CITY SALES AND USE TAX; PROVIDING FOR THE PERFORMANCE BY
THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE
ADMINISTRATION, OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY
IMPOSED; SUSPENDING THE PROVISIONS OF ORDINANCE NO. 1013 DURING SUCH TIME AS
THIS ORDINANCE IS OPERATIVE; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF",
PROVIDING FOR A CREDIT AGAINST THE PAYMENT OF TAXES UNDER SAID ORDINANCE NO.
1052 IN THE AMOUNT OF SALES OR USE TAXES DUE TO THE REDEVELOPMENT AGENCY OF
THE CITY PURSUANT TO SECTION 7206.6 OF THE REVENUE AND TAXATION CODE OF
CALIFORNIA; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION
THEREWITH.
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City Hall, Anaheim, California COUNCIL MINUTES April 3, 1990, 5:30 P,M,
A21. 175: Accepting the construction of improvements - 16" Water Main
Replacement on Brookhurst Street, Harriet Lane to Ball Road and authorizing
the Mayor to sign and the City Clerk to file the Notice of Completion.
(Valverde Construction Inc.)
A22. 123: Approving an agreement with the Joiner-Rose Group, Inc., for
consulting services associated with acquisition of a new sound system at
Anaheim Stadium, in an amount not to exceed $44,500 for the system design and
documentation phase, and not to exceed $10,500 for system contract
administration phase.
A23. 123: Approving the terms and conditions of an agreement with Carolyn
Griebe and Associates to provide public relations consulting services for the
Code Enforcement Division's Graffiti Prevention and Awareness Program, in an
amount not to exceed $18,000.
A24. 160: Waiving Council Policy No. 306, and authorizing the Purchasing
Agent to issue a purchase order without competitive bidding to Allied Enviro
Engineering, in an amount not to exceed $23,840 for repair of diesel fuel
tank, and clean up.
A25. 160/123: Waiving Council Policy No. 306, and accepting the bid of
Environmental Dynamics, Inc., in an amount not to exceed $187,655 annually for
pick up and disposal on an ongoing basis of material that may constitute
hazardous waste, in accordance with Bid #4763; and further authorizing the
Mayor and City Clerk to execute an agreement with said firm.
A26. 149/142: ORDINANCE NO. 5116 (INTRODUCTION): AN ORDINANCE OF THE CITY
OF ANAHEIM AMENDING SECTION 14.52 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO
OVERWEIGHT VEHICLE PERMITS.
WAIVER OF READING - RESOLUTIONS AND ORDINANCE: The titles of the following
resolutions and ordinance were read by the City Manager. (Resolution Nos.
90R-102 and 90R-103 and Ordinance No. 5115)
Councilman Hunter moved to waive the reading in full of the resolutions and
ordinance. Councilman Daly seconded the motion. Councilman Pickler was
absent. MOTION CARRIED.
Councilman Hunter offered Resolution Nos. 90R~102 and 90R-103 and Ordinance
No. 5115 for adoption.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution Nos. 90R-102 and 90R-103 and Ordinance No. 5115
duly passed and adopted.
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City Hall, Anaheim, California COUNCIL MINUTES April 3, 1990, 5:30 P.M.
Motions carried.
END OF CONSENT CALENDAR.
A27. 108/142: PROPOSED AMENDMENT TO STREET VENDING ORDINANCE: Submitted was
report dated March 22, 1990 from the City Attorney, attached to which was the
proposed amendment to the Street Vending Ordinance prepared at the direction
of the City Council at their meeting held March 20, 1990 (see minutes that
date where extensive discussion and input was received). The report outlined
six changes to the current ordinance as discussed at the March 20, 1990
meeting. The proposed ordinance involves policy decisions for the City
Council.
Mayor Hunter. He asked if Sal Sarmiento , attorney for the vendors, was
present; there was no reply.
Councilman Hunter offered Ordinance No. 5117 for introduction.
ORDINANCE NO. 5117: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS
OF CHAPTER 14.32 OF TITLE 14 RELATING TO THE SALE OF GOODS OR MERCHANDISE BY
VEHICLE.
A28. 105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD TO FILL AN UNSCHEDULED
VACANCY: Appointment to fill an unexpired term on the Community Services
Board (Melcher) for the term ending June 30, 1990.
Councilwoman Kaywood nominated Michael Rizzo; Councilman Daly seconded the
nomination. Councilman Pickler was absent.
There were no further nominations.
Michael Rizzo was thereupon unanimously appointed to serve as a Member of the
Community Services Board for the term ending June 30, 1990.
A29. 161: APPOINTMENT TO THE FISCAL REVIEW COMMITTEE - ANAHEIM PLAZA
REDEVELOPMENT PROJECT: Request received from Richard Keefe, County of Orange,
Temporary Chairperson, Fiscal Review Committee, Anaheim Plaza Redevelopment
Project, that the City Council designate a representative for the City.
Councilman Daly moved that Lisa Stipkovich, Director of Community Development
(Anaheim Redevelopment Agency), be designated to serve on the Fiscal Review
Committee of the Anaheim Plaza Redevelopment Project. Councilwoman Kaywood
seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
155/134/179: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 295, GENERAL
PLAN AMENDMENT NO. 276, RECLASSIFICATION NO. 89-90-28, WAIVER OF CODE
REQUIREMENT, CONDITIONAL USE PERMIT NO. 3222:
OWNER: GDC III, A CALIFORNIA PARTNERSHIP
242 West Main Street
Tustin, California 92680
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City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30
AGENT:
Kent A. Spieller
1301 East Orangewood
Anaheim, California
92805
LOCATION/REQUEST: The property is located at 2925 West Lincoln Avenue. The
request is for a change in zone from RM-IO00 to ML. Petitioner requests
amendment to the Land Use Element of the General Plan proposing redesignation
from the existing General Commercial and Medium Density Residential
designations to the General Industrial designation to permit an auto salvage
yard with waivers of required improvement of parking areas and permitted
encroachments into required yards.
ACTION TAKEN BY PLANNING COMMISSION:
Environmental Impact Report No. 295 NOT CERTIFIED.
General Plan Amendment No. 276 DENIED (PC90-14) (7 yes votes).
Reclassification No. 89-90-28 DENIED (PC90-15) (7 yes votes).
Conditional Use Permit No. 3222 DENIED (PC90-16) (7 yes votes).
Waiver of Code Requirement DENIED.
HEARING SET ON:
The decisions of the Planning Commission were appealed by Mr. Kent A.
Spieller, Pick Your Part, 1301 East Orangewood, Anaheim , California 92805 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin March 22, 1990
Mailing to property owners within 300 feet March 20, 1990
Posting of property March 23, 1990
PLANNING STAFF INPUT:
See Staff report to the Planning Commission dated January 15, 1990.
City Clerk Sohl announced that a letter dated April 2, 1990 had been received
from the applicant, Pick-Your-Part, signed by Cindi R. Galfin, Property
Division Controller, Assistant Secretary, withdrawing the subject application
in its entirety.
City Attorney White. He confirmed there is a request by the applicant to
withdraw the item. In order to meet Code requirements, it is necessary for
the Council to take action on it which will require the public hearing to be
opened and closed. It would not be necessary for any opponents to speak since
it is being withdrawn by the project applicant.
Mayor Hunter. He clarified that the project has been withdrawn and it is not
necessary for opponents to speak; however, he asked if anyone wished to speak;
there was no response.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
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City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5;30 P.M,
ENVIRONMENTAL IMPACT REPORT NO. 295 o NOT CERTIFIED: The City Council, after
reviewing Draft EIR No. 295 along with evidence both written and oral
presented to supplement this document, on motion by Councilman Hunter,
seconded by Councilwoman Kaywood, does find and determine that there are
certain significant unavoidable adverse impacts to the public's health and
safety inherent in this use on this site which cannot be mitigated to a level
of insignificance and which are not acceptable due to overriding
considerations and therefore is not certifiable under the California
Environmental Quality Act. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING RESOLUTION: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-104 through 90R-106, both
inclusive)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilwoman Kaywood seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-104 for adoption denying General
Plan Amendment No. 276, Resolution No. 90R-105 for adoption denying
Reclassification 89-90-28 and Resolution No. 90R-106 for adoption denying
Conditional Use Permit No. 3222. Refer to Resolution Book.
RESOLUTION NO. 90R-104: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DISAPPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT
NO. 276.
RESOLUTION NO. 90R-105: 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. (89-90-28)
RESOLUTION NO. 90R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3222.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution Nos. 90R-104 through 90R-106, both inclusive,
duly passed and adopted.
179/155: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3229 AND NEGATIVE DECLARATION:
OWNER: NANCY BROYLES
6732 Westminster Avenue
Westminster, California 92683
AGENT: Bhikubhai Patel
6732 Westminster Boulevard
Westminster, California 92683
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City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P.M.
LOCATION/REQUEST: The property is located at 280 North Wilshire Avenue. The
request is to permit a 26-unit motel with waiver of minimum structural setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3229 DENIED (PC90-26) (7 yes votes)
Waiver of code requirement DENIED.
Approved Negative Declaration.
HEARING SET ON:
The decision of the Planning Commission was appealed by the Agent and public
hearing is scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 22, 1990
Posting of property March 23, 1990
Mailing to property owners within 300 feet - March 20, 1990
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 29, 1990.
It was first determined that approximately 50 people were present for the
subject public hearing.
APPLICANT'S
STATEMENT:
Thomas M. Jones, attorney for the petitioners, 3151 Airway
Drive, Costa Mesa, California. He first referred to his six
page letter to the Council of March 26, 1990, presented in a
brochure also containing exhibit A, a rendering of the proposed
motel and photograph showing the current use on the subject
property as well as exhibits B through H containing additional
related documentation to justify their appeal (made a part of
the record). Mr. Jones then briefed portions of the
documentation submitted highlighting the following:
The proposed use of the site is a motel which will be compatible
with surrounding uses; the property is located near freeway
access and is close to Disneyland; the proposed use will not
adversely affect adjoining land uses; a Friendship Inn on the
property will be a much more attractive use than th~ ~xisting
office building; the alternative of leaving the property in its
present use is not good for the neighborhood, the property owner
or the City; Friendship Inns operate 130 motel properties
throughout the United States and their parent company operates
two in Anaheim at the present time; the property is already
zoned CL which would already allow a motel use; there will be
adequate parking and it will be an attractive use and facade;
there will be landscaping around the building; the use will
generate between $15 and $20,000 revenue annually to the City
for bed tax; as evidenced by the traffic study, there will be
less traffic for this use than there would be for the existing
office building.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P.M.
In concluding, Mr. Jones stated that looking at the concerns
expressed in the petition of opposition, it does not accurately
portray the Friendship Inns and the improvements that will be
brought to the property - the aesthetic improvement, the
additional landscaping, 24 hour security and management, etc.
There will be additional value by having an on-site resident
manager 24 hours a day to handle complaints, if there are any,
from residents. The overall submission justifies a reversal of
the Planning Commission decision to allow the granting of the
petitioner's the right to build the motel.
Rob Rose, Vice President, Western Region, Econo Lodge. Econo
Lodge recently purchased the Friendship Inns. Their company is
21 years old. Friendship Inns have many services they offer to
franchisees to enhance the business. He then elaborated on the
services/amenities provided and in concluding stated that they
look forward to the opportunity of being represented again in
the Anaheim community with a Friendship Inn as well as
representing the fine owners.
Jean Nucey, Petition Management Company, an affiliate of Kimball
Petition Management, Inc., the largest commercial petition
management company in the state. Their company was retained to
conduct a signature drive for the owners of the property, which
was conducted between March 23 and April 2, 1990. Their
representatives were instructed to work primarily in the zip
code areas of 92801, 04 and 05. She is presenting to the
Council today signatures of 1,566 Anaheim residents who favor
responsible growth and the Friendship Inn Motel plan. Of the
1,566, one third are from the zip code area 92801 which is the
area the property is in, one quarter from 92804 and one third
from 92805. The balance is comprised of one quarter which are
assorted zip codes in the City. She thereupon submitted the
petitions to the Council.
Christy Craig, 200 East Katella. She is speaking in support of
the project and feels it would be beneficial to the area.
Anaheim is in need of hotels and motels. The location is great
and is visible. When new development comes in, the value of the
property goes up. She explained for Councilwoman Kaywood that
she is a local resident speaking in favor. She is associated
with the developer, Taj Development.
Ernie Wingo, he has been in the hotel business since 1944. He
has studied the site. Speaking as a friend of the owners, he
feels it will be a tremendous site for a new corporate type
motel operation. He is not going to be the manager of the motel.
Jandra Patel, President of Taj Development. They operate many
other motels. The subject site is a good location. It has
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M,
freeway exposure and it is not far from Disneyland. They are
also concerned with security. With 24 hour management, this
will protect the property. Generally, motel activity is between
4:00 p.m. and 9:00 p.m. and there is no noise after 9:00 p.m.
He also has concern and sympathy with the people next door to
the project. This is a proper location for a motel. He asked
that the Council be reasonable and fair in their decision.
Councilwoman Kaywood. She questioned relative to the 1,500 plus
signatures gathered throughout the City, what possible
relationship that has to the people who live behind the proposed
motel who are the ones who will be most affected by it. She
also asked if any of those signatures were from the single
family homes on Birchmont or if any signatures were requested in
that neighborhood behind the proposed motel.
Jean Nucey. She does not know if they had signatures from the
condominium properties. They purposely tried working door to
door on local streets and local establishments. She cannot say
if they had any signatures from Birchmont.
Councilwoman Kaywood. She is concerned with the people
immediately behind the property whose backyards abut the subject
property who would be affected with a 24-hour a day, seven days
a week operation adjacent to their property. They are really
almost the only signatures that would make any difference in
this situation. The other signatures are not of any real value.
Mayor Hunter opened the public hearing.
Mr. John Maceverner, J. Mac Jewelers, Anaheim Plaza. (He had
comments relative to the subject project.) He is interested in
any decisions made tn the Anaheim Plaza area. The new
commercial development at Wilshire and Lincoln, which is not
occupied, has only one tenant. He is certain developers
expected the stores to be leased. If so, they would bring in
much more traffic than a motel. He drives Wilshire many times a
day. The businesses are failing in the commercial area on
Wilshire. He does not think that the property is being used to
its utmost. He does not know if a motel is the correct use.
Something needs to be done along with the Plaza area. He did
not realize so many people were opposed. He hopes they are not
opposed to the development of the Plaza.
Mr. Raymond Vanderhook, 605 North Ventura, across from the
community center. (He spoke in favor of the project.) He is
also a hotel-motel broker. He can vouch that the developers do
a quality project. Their buildings always improve the
neighborhood and real estate values. It will be a first class
project and benefit the area. He is not associated with the
the project.
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City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P,M,
The following people then spoke in opposition. Included is a summary of their
concerns.
Florence Shinebloom, 278 North Wilshire. She is present
representing her condominium group who are opposed to the
building of a motel right next door to them. Having moved from
Los Angeles where she was mu§ged, she now feels she lives in a
safe environment. The motel would be right next to her
apartment since she is on that side of the building. She feels
this would cause an unsafe situation for her and the residents.
There will be traffic with cars coming on and off the freeway.
It is not a suitable area for a motel. The traffic will also
affect the young children going to and from school along
Wilshire. Parking will be a problem. A 24 hour use is not
compatible with the area. The people who signed the petition do
not live in their condominiums. Most of the residents are
senior citizens, have invested their money and felt this was a
place they could retire to and live their lives simply but not
to be living next door to a motel. The location is not close to
Disneyland. A motel would be better built in the Disneyland
area and not next to their condominiums.
Rickie Robinson, 1450 Birchmont Drive. Her house is located in
back of the property. She is not only concerned about traffic,
but also the safety of the children in the area. Another
concern is decreasing property value. She is in the real estate
field and knows what effect the building of a motel will have on
their homes. They will draw in weekly rates and bring
undesirable transients to the area. They do not need or want a
motel behind their yards.
Carmen McWilliams, 1212 West Pearl Street, Anaheim 92801. She
was never approached to sign a petition and everyone she asked
had not been approached either. The property is bordered on one
side by condominiums, to the rear by single family homes and on
the other side by family type apartments. To permit a motel
would be wrong for the area. It is a route to school for
children. It will make it unsafe for them with tenants that
stay one to 24 hours and are never seen again. She understands
the freeway is going to expand to cover most, if not all of
Wilshire. She questioned why, then, the residents should be put
in that type of atmosphere for three to five years before the
freeway closes Wilshire out. She asked that the Council keep
their neighborhood safe in every way by denying the application.
Scott Smart, 1456 Birchmont Drive (33 years). They have had one
story office buildings behind their homes for years. The noise
is minimal. There is no evening or weekend activity. They
strongly object to any motel on Wilshire. Privacy would become
impossible and home values would deteriorate. The residents
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City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P,M,
on Birchmont Drive and surrounding residents would appreciate
the Council's "No" vote on this project.
Margaret Carter, 1224 West Pearl. She is speaking as a parent.
The Disneyland-Harbor Boulevard-Katella area has luxurious
hotels but has had recurring problems with prostitution. What
kind of clientele is an area like Wilshire going to attract. It
is not something they want in their neighborhood. Children walk
on Wilshire to Adelaide Price School five times a week. She
cannot see the wisdom in allowing a business that is, by its
very nature transient, to open its doors directly on a route
heavily used by school children. One only has to look at the
posters of missing children in many supermarkets. There is no
greater nightmare a parent could face. It is another worry they
do not need.
Don Bessels, 218 North Carleton. His children also walk to
school on Wilshire. He does not agree with the argument of
freeway access to get to Disneyland. He explained the route
that would have to be taken to get to Disneyland. It is not
that easy. He is opposed to the project.
Larry Cooley, 1444 Birchmont (31 years). Theirs is, and has
been, a beautiful location. He challenged the Council, asking
them to picture how they would like to have a motel proposed at
the back fence of their homes.
Beverley Moore, 1243 West Birchmont, 92801. She has asked about
eight people relative to the survey and none ever heard of it.
If they had, they would have gone on record in opposition. They
have a lovely neighborhood and are trying hard to keep it that
way. It is a young neighborhood and on its second group of
children who have grown up in the area. The children sometimes
do not stay on the sidewalks. They are sure the motel is a good
chain but not in that area.
Hal Silberman, 1883 Lullaby Lane. When someone tells him
they're going to build a motel and in so doing it will improve a
residential neighborhood, he considers it an insult to his
intelligence. He suggested that the Gouncil look at the area
and decide if it is a residential or commercial neighborhood.
Hazel Warner, 1202 Pearl. Looking at the size of the project
and the fact that they want code waivers, if it belonged there,
there would be no necessity for waivers.
SUMMATION BY APPLICANT:
Tom Jones. Staff indicated that the setback requirement was not
currently complied with. If this became the only point of
contention, he is sure they could negotiate a setback that would
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5;30 P,M,
be agreeable. Security will increase rather than decrease with
a 24 hour operation. There has been no showing that a motel
will have any different type of clientele than an office
building. Friendship Inns does not rent by the week or hour.
The motel is not constructed or arranged to be a truck stop.
There is more than adequate parking. There is already a six
foot wall to the rear along with full grown trees. If
necessary, that wall could be increased in height. The
appearance of the property will be much better after the motel
project is completed. There is no evidence that there will be a
drop in property values. The population density will not become
more dense with a motel. It is a good use of the property.
Noise and lighting will be regulated by the City as well as
signage. The petition should be accepted, reversing the
Planning Commission's decision.
COUNCIL ACTION: Mayor Hunter closed the public hearing.
Councilwoman Kaywood imposed a line of questions which were
answered by Mr. Jones.
Councilman Daly. As much as he would like to vote, he has
spoken with the City Attorney and the law of the State prohibits
a Council Member from voting on a project when that Council
Member owns property within 300 feet of a proposed project. He
does not have the exact number, but he is in that range. He
will, therefore, be abstaining from discussion and voting.
ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaratzon
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. Councilman Pickler was absent. Councilman Daly
abstained. MOTION CAItRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-107)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. Councilman Pickler was absent.
Councilman Daly abstained. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-107 for adoption, denying
Conditional Use Permit No. 3229. Refer to Resolution Book.
RESOLUTION NO. 90R-107; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3229.
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City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P.M.
Before a vote was taken, Mayor Hunter stated his reason for
denying the project, although there is no doubt it is a quality
developer and project, it is in the wrong location. He also
feels the Council should have Staff look at the four parcels
along Wilshire for perhaps RM-5000 or 3000, which is single
family residential, which would complement the whole area.
Those properties still contain some of the original office
buildings he ever saw in Anaheim. He is sure the situation will
change. Anaheim Plaza hopefully will be going into a
Redevelopment Project. He hopes the residents present opposed
to this project are proponents of revitalization of the mall.
The properties along Wilshire as they are used now are probably
not the highest and best used, and continuation of residential
might make that property a quality addition to the City.
Councilman Ehrle. He is going to support denial of the
project. He is very familiar with the property. His father had
an office at 280 Wilshire when there were no condominiums or
family apartments adjacent to the area and when Anaheim Plaza
was one of the most thriving in Orange County. At that time the
area warranted commercial, but it has since dramatically
changed. He agrees the area should be looked at and after
action is taken today that Staff be asked to review it in terms
of an RM-2400 or RM-3000 zone. He has no problems with the
developer, but this is not the right location for one of their
projects.
Councilwoman Kaywood. A motel needs to be right on a main
street or able to be easily found, and Wilshire is not such a
location. The area is one of the finest locations in central
Anaheim and to say a 24 hour operation is not going to disrupt
the residents' way of life is not realistic. If the developer
is going to look for another location, she suggested before
going all over the City for signatures that have nothing to do
with the immediate residents, to save themselves the time and
money. It is those whose lives and properties will be affected
that are the most important signatures.
A vote was then taken on the foregoing Resolution of Denial.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
ABSTENTIONS: COUNCIL MEMBERS: Daly
The Mayor declared Resolution No. 90R-107, denying Conditional Use Permit No.
3229, duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30 P,M,
134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 282 AND NEGATIVE DECLARATION'
INITIATED BY:
CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
LOCATION: PARCEL 1: Approximately 2.52 acres having a frontage of
approximately 400 feet on the north side of Orangethorpe Avenue, having a
maximum depth of approximately 275 feet and being located approximately 512
feet east of the centerline of Lemon Street.
LOCATION: PARCEL 2: Approximately 0.63 acre having a frontage of
approximately 100 feet on the north side of Orangethorpe Avenue, having a
maximum depth of approximately 275 feet and being located approximately 915
feet east of the centerline of Lemon Street.
REQUEST: The request is for an amendment to the Land Use Element of the
General Plan redesignating subject area from the General Industrial
designation to the General Commercial designation.
ACTION TAKEN BY PLANNING COMMISSION:
General PLan Amendment No. 282 APPROVED - EXHIBIT A (PC90-54) (7 yes votes).
Approved Negative Declaration.
HEARING SET ON: This item was set for public hearing before the City Council
on April 3, 1990, due to General Plan Amendment No. 282 and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin March 22, 1990.
Mailing to property owners within 300 feet March 20, 1990.
Posting of property, March 23, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 26, 1990.
Debora Fank, Associate Planner. She explained the reason the
subject General Plan Amendment was City initiated, in January,
1990, the Council approved General Plan Amendment 265 which also
redesi§nated the nei~hborin~ properties from General Industrial
to General Commercial. Along with that action was a
reclassification and variance which the two properties did not
want to participate in. It was initiated so that the whole
corner is in conformance and is reflective of some of the
potential growth or development for that corner. There will be
no change to the property, just a redesignation on the General
Plan.
Mayor Hunter opened the public hearing and asked to hear from those who wished
to speak either in favor or opposition; there being no response he closed the
public hearing.
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City Hall, Anaheim, California - COUNCIL MINUTES April 3, 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
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. Councilman Pickler was absent.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-108)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-108 for adoption approving
General PLan Amendment No. 282, Exhibit A. Refer to Resolution Book.
RESOLUTION NO. 90R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 282, EXHIBIT "A".
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-108 duly passed and adopted.
134/179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 292, RECLASSIFICATION
NO. 89-90-42 AND NEGATIVE DECLARATION:
INITIATED BY: CITY OFANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
LOCATION: Property is 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.
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.
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.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M,
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Amendment No. 292 GRANTED (PC90-52) (7 yes votes).
Reclassification No. 89-90-42 GRANTED (PC90-53).
Approved Negative Declaration.
HEARING SET ON: This item was set for a public hearing before the City
Council April 3, 1990, due to General Plan Amendment No. 292 and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin March 22, 1990.
Mailing to property owners within 300 feet - March 20, 1990
Posting of property March 23, 1990
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 26, 1990.
Jonathan Borrego, Assistant Planner. This General Plan
Amendment and Reclassification are a result of a variance denied
by the Planning Commission and also the City Council for
property located at 1110, 1112 and 1114 West Pearl Street. At
the public hearing on the variance several people were present
in opposition to the project. The Planning Commission initiated
General Plan Amendment and Reclassification proceedings for the
entire portion of Pearl Street. That portion represents the
only portion that does not have an RM-2400 and Low Medium
Density designation on the General Plan. It would provide a
continuation of those designations and will be consistent with
the overall densities of those properties.
Mayor Hunter. Before asking if anyone wanted to speak, he
clarified this is a down-zoning of the area and if anyone is
present in favor there is no reason for them to speak. He asked
if anyone was in opposition; there was no response.
Carmen McWilliams, 1212 West Pearl Street. She is present to
thank the Council for their concern and designating the proper
zoning for their neighborhood which helps to maintain the family
unit. The residents hope that the Council will continue with
th~ Low M~dium D~n~ity R~id~ntial d~ignation.
COUNCIL ACTION: Mayor Hunter closed the public hearing.
Councilwoman Kaywood. For the record it should be noted that
approximately 20 people were present in favor of the proposed
General Plan Amendment and none opposed as determined by a show
of hands.
ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION: On motion by Councilman
Daly, seconded by Councilman Ehrle, the City Council approved the negative
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P.M,
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. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-109 and 90R-110)
Councilman Daly moved to waive the reading in full of the resolutions.
Councilman Ehrle seconded the motion. Councilman Pickler was absent.
CARRIED.
MOTION
Councilman Daly offered Resolution No. 90R-109 for adoption approving General
Plan Amendment No. 292, Exhibit A, and Resolution No. 90R-110 for adoption
approving Reclassification No. 89-90-42. Refer to Resolution Book.
RESOLUTION NO. 90R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 292, EXHIBIT "A".
RESOLUTION NO. 90Roll0: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
Roll Call Vote;
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution Nos. 90R-109 and 90R-110 duly passed and adopted.
179/155.
OWNER:
AGENT:
PUBLIC HEARING - VARIANCE NO. 4021, CATEGORICALLY EXEMPT, CLASS 5:
RICK D. BUCCOLA
1045 Via De Rosa
Anaheim, California 92807
Leonard Hundley
784 Springwood, Apartment 0
Corona, California 91720
LOCATION/REQUEST: The property is located at 1045 Via De Rosa. The request
is for a 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).
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City Hall, Anaheim, California COUNCIL MINUTES April 3, 1990, 5:30 P.M.
HEARING SET ON: The Planning Commission's decision was appealed by Mr.
Buccola and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin March 22, 1990.
Posting of Property March 22, 1990.
Mailing to property owners within 300 feet March 22, 1990.
STAFF INPUT:
See Staff report to the Planning Commission dated February 12, 1990.
APPLICANT'S
STATEMENT:
Leonard Hundley, Agent. The Variance was denied by the Planning
Commission since his letter requesting a continuance of the
matter at the Commission level was too late to be taken off
calendar. He was told it would be and therefore no one was
present at the hearing. The Planning Commission had requested
that landscape plans be provided to screen the satellite. A set
of plans was subsequently submitted. Some trees and shrubbery
are already provided and the dish is screened on one side. Mr.
Buccola has proposed planting more trees to further screen the
dish. He (Buccola) has done many things for the community.
There are approximately seven homes on the cul de sac The
property is approximately one quarter of an acre. They complied
with everything the Planning Commission requested. They are
requesting approval of the Variance. No such Variance has been
denied to any resident so far to his knowledge, as long as they
have complied with the request of the Commission. Before
concluding, he explained some of the things that Mr. Buccola had
done for the community at his own expense.
Mayor Hunter asked if anyone was in opposition in the immediate
neighborhood.
Mr. Hundley answered he did not believe so. There were none at
the previous meetings. He (Buccola) has spoken with his
neighbors and they do not have a problem with it.
Annika Santalahti, Zoning Administrator. The Commission's
concern was that Hidden Canyon Road in coming down the hill on
the south there is visibility from above. The Commission at the
time did not receive certain information which may or may not
have changed their minds. There have been previous denials and
subsequent approval by the Council because the owner provided
additional information to the Council.
Mayor Hunter. If the Variance is approved tonight, he asked
what recourse they would have if there is a complaint later on.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30
Annika Santalahti. Since it is a Variance, if something
happened and Council subsequently received information contrary
to what they thought they were approving, the Council could have
another hearing to terminate the Variance or at least bring it
back for reconsideration in view of the new information.
City Attorney White. There are several grounds, three of which
may apply here. A Variance or Conditional Use Permit can be
terminated if there is a misrepresentation. If the facts turn
out different than thought, if there was a violation of the
conditions of approval, or the dish was being operated in a
manner detrimental to the peace, health and general safety of
the residents. Seven weeks ago the Council adopted an Ordinance
that now allows ground-mounted antennas by Conditional Use
Permit in the scenic corridor if the antennas comply with
certain criteria as far as site screening. This application was
filed prior to that Ordinance being adopted. If it was filed
now as opposed to before seven weeks ago, it would have been
under a Conditional Use Permit.
PUBLIC DISCUSSION IN FAVOR: None
PUBLIC DISCUSSION IN OPPOSITION: None.
COUNCIL ACTION: Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Ehrle, the City Council ratified the
determination that the proposed activity falls within the definition of
Section 35.01 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. Councilman Pickler was absent. MOTION
CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-111)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION
CARRIED.
Councilman Hunter offered Resolution No. 90R-111 for adoption, granting
Variance No. 4021 subject to interdepartmental recommendations. Refer to
Resolution Book.
RESOLUTION NO. 90R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4021.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 9OR-111 duly passed and adopted.
WAIVER OF READING ORDINANCES: The titles of the following Ordinances were
read by the City Clerk. (Ordinance Nos. 5112 through 5114, both inclusive.)
Councilman Hunter moved to waive the reading in full of the Ordinances.
Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION
CARRIED.
BI. 179/142. ORDINANCE NO. 5112: Councilman Hunter offered Ordinance No.
5112 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5112: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
18.03.085 TO CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO REZONING.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Ordinance No. 5112 duly passed and adopted.
B2 and B3. 185/142. ORDINANCE NOS. 5113 AND 5114: Councilman Hunter offered
Ordinance Nos. 5113 and 5114 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5113: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
(i) APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREFAMENT NO. 83-02 BY ~kND
BETWEEN THE CITY OF ANAHEIM AND SAVI RANCH ASSOCIATES, (ii) FINDING THAT THE
PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PITON OF THE CITY
OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY.
ORDINANCE NO. 5114: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
(i) APPROVING DEVELOPMENT AGREEMENT NO. 89-02 BY AND BETWEEN THE CITY OF
ANAHEIM AND COMMUNITY SYSTEMS ASSOCIATES, INC., AND WJS INVESTMENTS, LTD.,
(ii) FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE
GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY.
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City Hall, Anaheim, California - COUNCIL MINUTES
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
April 3, 1990, 5:30
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Ordinance Nos. 5113 and 5114 duly passed and adopted.
B4. 179: ORDINANCE NO. 5118: Amending Title 18 to rezone property under
Reclassification No. 89-90-37, property located at 883 South Anaheim
Boulevard, from RS-7200 to the CL zone.
Councilman Ehrle offered Ordinance No. 5118 for introduction.
ORDINANCE NO. 5118: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
B5. 170. VESTING TENTATIVE TRACT MAP NOS. 14190, 14191, 14192, 14193 AND
SITE PLANS; FINAL SITE PLAN FOR TRACT MAP NO. 14190, ENVIRONMENTAL IMPACT
REPORT NO. 281 PREVIOUSLY CERTIFIED:
OWNERS: BALDWIN BUILDING CONTRACTORS, LTD.
18611 Hale Avenue, Irvine, California 92714
LOCATION: Property comprises four Vesting Tentative Tract Maps totalinf
approximately 42.5 acres of Development Area 104 of the Summit of Anaheim
Hills Specific Plan (SP88~2) and is located approximately 1.1 miles southwest
of the Weir Canyon Road/Riverside Freeway intersection, and is bounded on the
north by the Sycamore Canyon Specific Plan Development, on the east and south
by unincorporated Irvine Company property and on the west by the Highlands at
Anaheim Hills Specific Plan development.
Petitioner requests approval of four Vesting Tentative Tract Maps and Site
Plans to develop 178 single-family detached residential structures as
described below:
TRACT MAP NO. 14190 AND FINAL SITE PLAN:
To establish an SP88-2 Zone, 8.62 acre, 45 lot single family detached
residential subdivision including 42 residential lots and 3 open space lots.
TRACT MAP NO. 14191 AND SITE PLAN:
To establish an SP88-2 Zone, 13.2 acre, 59 lot single family detached
residential subdivision including 56 residential lots and 3 open space lots.
TRACT MAP NO. 14192 AND SITE PLAN:
To establish an SP88-2 zone, 9.6 acre, 43 lot single family detached
residential subdivision including 42 residential lots and 1 open space lot.
TRACT MAP NO. 14193 AND SITE PLAN:
To establish an SP88-2 Zone, 11.1 acre, 39 lot single family detached
residential subdivision including 38 residential lots and 1 open space lot.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M.
No action was taken on the Vesting Tentative Tract Maps.
179, ITEMS B6 - B13 FROM THE PLANNING COMMISSION MEETING OF MARCH 12, 1990 -
INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 3, 1990.
B6. CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED), CONDITIONAL USE PERMIT
NO. 3059 (READVERTISED):
OWNER: DONALD T. TAKAI AND DOROTHY TAKAI
3174 West Rome Avenue, Anaheim, California 92804
AGENT: MAGDY HANNA
4400 MacArthur Boulevard, 9th Floor, Newport Beach, California 92660
LOCATION: 150 South Dale Avenue
Amendment to condition of approval pertaining to required street improvements
to establish a 27-unit mobile home park.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3059 (Readvertised) GRANTED (PC90-57) (6 yes, 1
absent)
Request to delete Condition No. 3 was denied, permitted widening of sidewalk
rather than widening of bridge, as approved by City Traffic Engineer and
Orange County Flood Control District.
B7. CONDITIONAL USE PERMIT NO. 3245:
OWNER: NORWALK INVESTMENTS
1020 North Batavia Street, Suite B, Orange, California 92667
AGENT: CARLOS BARRAGAN
532 South Rose Street, Anaheim, California 92805
LOCATION: 532 South Rose Street
To permit an auto body shop with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3245 GRANTED for 3 years, (PC90-58) (6 yes votes, 1
absent).
Negative Declaration approved.
B8. VARIANCE NO. 4026:
OWNER: CRAIG PAINTER AND SHARON PAINTER
7671 Corto Road, Anaheim, California 92808
AGENT: ANACAL ENGINEERING COMPANY
1900 East La Palma Avenue, Suite 202, Anaheim, California 92803-3668
LOCATION: 380 South Timken Road
Waivers of minimum lot area and required lot frontage to establish a 4-lot
subdivision.
This item was withdrawn by the applicant.
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City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P.M,
B9. VARIANCE NO. 4035 AND NEGATIVE DECLARATION:
OWNER: DONALD D. FORBES
131 Terranza San Angelo, La Habra, California 90631
AGENT: GEORGE KRAJACIC
720 Town and Country Road, Orange, California 92668
LOCATION: 1001 and 1011 North West Street
Waivers of minimum lot area, minimum lot width and frontage, and all lots
required to abut a public street or alley, to construct a 5-unit single-family
dwelling subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4035 GRANTED, (PC90-59) (6 yes votes, 1 absent)
Approved Negative Declaration
Upon questions posed by Councilmembers Daly and Kaywood, Annika Santalahti
explained that because of the configuration of the site other than being
developed with probably a maximum of 3 single family lots, all of which would
have to have frontage on the street, it probably needs a variance. The 6600
square feet is based on the net lot area that is usable and deletes the
private driveway or street. The lot sizes are larger but there is an easement
running through each resulting in the 6600 square feet.
Mayor Hunter. He surmised that the easement is taking up a portion of the lot
size that would make it 7200 square feet.
Annika Santalahti. She explained that there were three nearby people present
at the Planning Commission just to indicate their presence and interest. They
did not indicate they were present in opposition but were interested in the
proposal. Staff's understanding is that they were not displeased.
No action was taken by the Council.
BIO. CEQA MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT NO. 295,
RECLASSIFICATION NO. 89-90-44, WAIVER OF CODE REQUIREMENTS, CONDITIONAL USE
PERMIT NO. 3260:
OWNER: RAYMOND DINKLE
4400 MacArthur Boulevard, 9th Floor, Newport Beach, California 92660
AGENT: MAGDY HANNA
4400 MacArthur Boulevard, 9th Floor, New-port Beach, California 92660
LOCATION: Property is approximately 1.78 acres located on the south side of
Jackson Avenue approximately 1,165 feet east of the centerline of Park Vista
Street.
Request for amendment to the Land Use Element of the General Plan proposing a
redesignation from the existing Low-Medium Density Residential designation to
the Medium Density Residential designation.
Request to rezone from RS-A-43,000 to RM-1200.
To permit the construction of an 80-unit "affordable" deck-type housing
apartment complex with waiver of minimum building site area per dwelling unit
and maximum fence height.
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City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30 P.M,
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED General PLan Amendment No. 295
GRANTED Reclassification No. 89-90-44
GRANTED Conditional Use Permit No. 3260 and Waiver of Code Requirement
APPROVED Mitigated Negative Declaration
(PC90-60,61,62) (5 yes votes, 1 no, 1 absent)
REQUESTED City Council Review these items.
This item is to be set for public hearing before the City Council due to the
General Plan Amendment.
Bll. CEQA MITIGATED NEGATIVE DECLARATION, RECLASSIFICATION NO. 89-90-45,
WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3261:
OWNER: RAYMOND DINKLE
4400 MacArthur Boulevard, 9th Floor, Newport Beach, California 92660
AGENT: MAGDY HANNA
4400 MacArthur Boulevard, 9th Floor, Newport Beach, California 92660
LOCATION: Property is approximately 2.59 acres on the south side of Frontera
Street approximately 260 feet east of the centerline of Park Vista Street.
RS-A-43,000 (0) to RM-1200
To permit the construction of an affordable ll7-unit deck-type housing
apartment complex with waiver of minimum building site area per dwelling unit.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 89-90-45 APPROVED
Conditional Use Permit No. 3261 GRANTED, Code waiver granted.
APPROVED Mitigated Negative Declaration
(PC90-63, 64) (5 yes votes, 1 no, 1 absent)
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Daly and, therefore, a public hearing will be scheduled at
a later date.
B12. CEQA NEGATIVE DECI~AP. ATION. GENERAL PI~a_N AMENDMENT NO 293:
INITIATED BY: CITY OF ANAHEIM
200 South Anaheim Boulevard, Anaheim, California 92805
LOCATION: Property is approximately 12.8 acres generally bounded by Broadway
to the north, the Southern Pacific Railroad right-of-way to the east, Alexis
Avenue to the south and Loara Street to the west.
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.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Amendment No. 293 APPROVED Exhibit A (PC90-65) (6 yes votes, 1
absent)
APPROVED Negative Declaration.
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City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5;30 P.M,
This item is to be set for a public hearing before the City Council due to the
General Plan Amendment.
B13. CEQA NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT NO. 294,
RECLASSIFICATION NO. 89-90-41, REQUEST FOR CITY COUNCIL REVIEW:
INITIATED BY: CITY OF ANAHEIM
200 South Anaheim Boulevard, Anaheim, California 92805
LOCATION: Property is approximately 13.2 acres generally bounded by Center
Street to the north, Ohio Street to the east, Broadway Street to the south and
Walnut Street to the west, Excepting those properties fronting on Center
Street or Broadway between Ohio Street and West 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-Medium Density Residential designation.
A City-initiated reclassification from the RM-1200, CG and PD-C zones to the
RM-2400 or a less intense zone; and from the PD-C zone to the PD-C/RM-2400 or
a less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION'
General Plan Amendment No. 294 DENIED, Reclassification No. 89-90-41 DENIED.
(PC90-66,67) (6 yes votes, 1 absent)
Negative Declaration approved.
Request for City Council review of these items.
This item is to be set for public hearing since the Planning Commission asked
for Council review of the matter.
End of the Planning Commission Items.
REPORTS AND RECOMMENDATIONS:
B14: Orange County Flood Control District, request to determine conformance
with the General Plan concerning the proposed acquisition of an easement for
flood control and water conservation purposes on SAVI Ranch Property.
Determined in conformance by the Planning Commission.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
ADJOURNMENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood
seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (8:02
P.M.)
LEONORA N. SOHL, CITY CLERK
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