1990/06/26145
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
PRESENT: CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
TRAFFIC ENGINEER:
ZONING ADMINISTRATOR:
TREASURY MANAGER:
Daly, Ehrle, Kaywood and Hunter
Pickler
James Ruth
Jack White
Leonora N. Sohl
Paul Singer
Annika Santalahti
Bill Sell
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:30 p.m. on June 22, 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 Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46.
Yrurertagoyena vs. City of Anaheim, Orange County Superior Court Case
No. 59-27-22.
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 meet with its Negotiator regarding the possible acquisition of
land from the Phoenix Club German Association of Orange County
located at 1566 South Douglass Road, Anaheim California, and the
possible lease or sale of such land to Osden Financial Services Inc.
or other entity for a multipurpose sports and entertainment arena.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
f. To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager or City
Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in closed session.
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City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5:30 P.M.
AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(6:04 p.m.)
INVOCATION: Dr. Bryan Crow, Garden Church of Anaheim Hills, gave the
invocation.
FLAG SALUTE: Councilman Tom Daly led the assembly in the Pledge of Allegiance
to the Flag.
A44. 123.101: ANAHEIM SPORTS ARENA APPROVAL OF MANAGEMENT AND CONCESSION
AGREEMENTS; Submitted was report dated June 26, 1990 from the City Manager
James Ruth, recommending that the Council approve Management and Concession
Agreements relating to the Anaheim Sports Arena.
A45. 123,101: ANAHEIM SPORTS ARENA - APPROVAL OF VARIOUS AGREEMENTS RELATING
TO PROPERTY ACQUISITION AND RELOCATION ISSUES: Submitted was report dated
June 19, 1990 from the City Manager James Ruth recommending that the Council
approve the subject agreements relating to the Anaheim Sports Arena.
City Manager, James Ruth. At this time Ron Dominguez from Disneyland is
present to speak on behalf of the proposed agreements before the Council today
relating to the Anaheim Sports Arena.
Ronald K. Dominguez, Disneyland. On behalf of Disneyland, he is supporting
the proposed Anaheim Sports Arena. It will be an asset to the City and County
and will round out the sports activities that presently exist in the
community. It will be an important asset and addition to the area.
City Manager Ruth. A letter has also been received from Bill Snyder,
President, Anaheim Visitor & Convention Bureau indicating that the major
hoteliers in the City have given unanimous support of the project which they
endorse wholeheartedly. The Mayor may wish to ask if anyone else wishes to
address the Council on the proposed agreements.
Marshall Krupp, President, Community Systems Associates.
Chairman of the Anaheim Board of Economic Development.
of the City's Vision 2000 Plan previously approved by the Council. The
decision before the Council tonight is not a new decision but one that is
being made as an outgrowth of a strategy prepared through the community
initiative as outlined in the plan. He can support the arena 110%. It is
good for the community and good for business. It establishes one more
position of taking Anaheim and placing it in a number one spot not only in
Southern California but throughout the United States and internationally.
encouraged the Council to proceed on the project in an expeditious manner.
He is the past
He first read portions
He
City Manager Ruth. He reported for the record that the Anaheim Chamber of
Commerce has also endorsed the project conceptually.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P.M.
Hans Klein, Phoenix Club. The last six months have probably been his most
difficult since the Phoenix Club is the focal point and most severely impacted
by the negotiations. He has great admiration for City staff and everyone
involved. Mr. Ruth is an excellent negotiator and he had the benefit and
future of the Phoenix Club in mind. The City's German heritage is going to be
preserved. The membership of the Phoenix Club will be voting on July 13, 1990
and he is sure they will go along with the stipulations that have been made.
A few things about the relocation of the Club is not going to be easy for them
such as having 150 or 200 horses as their neighbors. He has the City's
assurances that standards will be met. The Club will be monitoring the
situation. They want to be the best social and family club in America. The
move will bring them into a new focus and a better, more modern Phoenix Club.
They also want to help in picking a sister city for Anaheim since he feels
there should be a German sister city. One thing he would like to ask and make
clear. The Phoenix Club has been financially hurt by the stories and
announcements made that the Phoenix Club is sold. The Phoenix Club is not
closed and it is not gone. The public should be reminded that the Club is
open for business as usual. Also, even though they are relocating, it is only
a short distance away and they plan to open their new facilities and close the
old one at the same time.
City Attorney White. As the Council is aware, one of the documents they are
acting upon this evening is a Concession Agreement relating to the concessions
at Anaheim Stadium. Attached to that Agreement is a Letter Agreement between
Anaheim and Golden West Baseball Company which Agreement the Council is also
approving as part of the action tonight if the Council acts on item A44
(approval of Management and Concession Agreements) favorably this evening. It
should be noted that the approval of the Stadium Concession Agreement is
contingent upon execution of that Letter Agreement not only by the City but
also Golden West Baseball Company approving the Ogden company as
concessionaire in the Stadium commencing February, 1991.
MOTION: Councilman Hunter moved to approve the following Agreements relating
to the subject Management and Concession Agreements:
Arena Management Agreement with Ogden Allied Facility Management
Corporation.
Agreement with Ogden Allied Facility Management Corporation, and
Hellmuth, Obatata and Kassabaum, Inc., regarding Architect's Fees.
Arena Concession Agreement with Ogden Allied Facility Management
Corporation and Ogden Allied Leisure Services, Inc.
Anaheim Stadium Concession Agreement with Odgen Allied Leisure
Services, Inc.
Agreement with Ogden Allied Leisure Services, Inc., regarding the
Stadium Concession Contract.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
Councilman Daly seconded the motion. The motion carried by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
MOTION; Councilman Hunter moved to approve the following agreements relating
to property acquisition and relocation issues:
The "Douglass Sale Agreement" for purchase of the Phoenix club and
authorizing the Mayor and City Clerk to execute the Agreement.
The "First Amendment to Agreement of Purchase and Sale and Joint
Escrow Instructions" for purchase of the Sanderson/J. Ray property at
the southeast corner of Ball Road and the 57 Freeway, and authorizing
the Mayor and City Clerk to execute the amendment.
The "Sanderson Sale Agreement" for sale and lease of a portion of the
Sanderson/J. Ray property at the southeast corner of Ball Road and
the 57 Freeway to the Phoenix Club; and authorizing the Mayor and
City Clerk to execute the Agreement.
A letter dated June 26, 1990 to the Phoenix Club enumerating
additional obligations of the City to the Phoenix Club, and
authorizing the City Manager's execution of the letter on behalf of
the City.
The "Modification and Settlement Agreement" and "Addendum to
Modification and Settlement Agreement" between the City of Anaheim,
the Phoenix Club German Association of Orange County, and James
Productions, Inc., concerning issues relating to relocation and loss
of business goodwill, and authorizing the City Manager's execution of
the Agreement and Addendum.
The "Equestrian Lease" between the City of Anaheim (Lessor) and
Richard Tozer dba Rancho Del Rio Stables (Lessee) for the lease of a
portion of the Sanderson/J. Ray property at the southeast corner of
Ball Road and the 57 Freeway, and authorizin~ the Mayor and City
Clerk to execute the lease.
Appropriating $12,357,000 in revenues from the proceeds of sale of
Certificates of Participation for the Anaheim Arena Land Project,
$3,093,000 in revenues from the sale of land, and $15,450,000 in
expenditures for acquisition of the aforementioned properties.
Approving other agreements relating to property acquisition and
relocation issues with regards to the Anaheim Sports Arena.
Councilman Daly seconded the motion. The motion carried by the following vote:
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173
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
RECESS; By general consent the Council recessed for a brief press conference
relative to the actions taken on the Agreements relating to the Anaheim Sports
Arena. (6:20 p.m.)
AFTER RECESS: The Mayor called the meeting to order all Council Members being
present with the exception of Councilman Pickler. (6:50 p.m.)
119; DECLARATION OF COMMENDATION; A Declaration of Commendation was
unanimously adopted by the City Council and presented to Debbie Moore on
behalf of Project Save A Youth (S.A.Y.) and Anaheim Family YMCA for their
efforts in providing a camp to at-risk youth in Anaheim. Mrs. Moore was
accompanied by participants in the program. Mayor Hunter and the City Council
commended those involved in a program that is so beneficial to the youth of
the community.
119; DECLARATIONS OF RECOGNITION; Declarations of Recognition were
unanimously adopted by the City Council recognizing eight elementary
school-age children who are State champions in the 400 meter relay track
team. Mayor Hunter and Council Members congratulated each of the youngsters
as follows: Jimmy Tomanchek, Georgie Geronsin, Sarah Fleming, Genelle
Geronsin, Mark Kisting, Rafael Zielonka, Shauna Bynum, Shelly Pharris.
119. DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Eric Baulig for his
nearly 26 years of service in the Maintenance Department and wishing him well
on his retirement from the City.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the adjourned
regular meeting of June 5, 1990 held June 12, 1990 (budget). Councilman Daly
seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,816,184.01, in
accordance with the 1989-90 budget, were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCES; The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution
Nos. 90R-218 through 90R-223, both inclusive, for adoption; Ordinance
Nos. 5142 and 5143 for adoption; and Ordinance No. 5145 for introduction)
Councilman Hunter moved to waive the reading in full of the resolutions and
ordinances. Councilwoman Kaywood seconded the motion. Councilman Pickler was
absent. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P,M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Ehrle, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar. Councilwoman Kaywood
offered Resolution Nos. 90R-218 through 90R-223, both inclusive, for adoption;
Ordinance Nos. 5142 and 5143 for adoption; and Ordinance No'. 5145 for
introduction. Refer to Resolution/Ordinance Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
a. Claim submitted by Mark W. Conde for property damage sustained
purportedly due to actions of the City on or about February 28, 1990.
b. Claim submitted by Dorothy Cressler for bodily injury sustained
purportedly due to actions of the City on or about December 13, 1989.
A2. 105: Receiving and filing minutes of the Community Services Board
meetings held April 26, 1990, and May 10, 1990.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held May 10, 1990.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held May 30, 1990.
107: Receiving and filing the Statistical Report Summary for the month ending
May 31, 1990, from the Building Division.
A3. 167: Awarding a contract for Lincoln Avenue Street and Traffic Signal
Improvements.
This item was withdrawn by staff at this time.
A4. 167: Approving a Notice of Completion of the construction of Downtown
Traffic Improvements, Phase II, by Steiny & Company, Inc., and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A5. 150: Approving a Notice of Completion of the construction of La Palma
Park Special Events Area by Randle Enterprises, Inc., and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A6. 169: Approving a Notice of Completion of the construction of Barrier
Free Anaheim #15 by B-1 Enterprise Corporation, and authorizing the Mayor to
sign and the City Clerk to file said Notice of Completion.
A7. 158: Authorizing the payment of $5,310 to the owner, Melville Gene
Kannard, pursuant to agreement on file, for the cost of replacement of the
sign located at 746 North Anaheim Boulevard - North Anaheim Boulevard Street
Widening Project R/W 3500-52.
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City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P.M.
AS. 158: Authorizing the payment of $5,950 to the owner, Larry Haupert,
pursuant to agreement on file, for the cost of replacement of the sign located
at 400 North Anaheim Boulevard - North Anaheim Boulevard Street Widening
Project R/W 3500-12.
A9. 158: Authorizing the payment of $16,692.14 to the owner, Patricia H.
Chappell, for additional modifications to her building located at 808 North
Anaheim Boulevard - North Anaheim Boulevard Street Widening Project
R/W 3500-64.
Al0. 158: Authorizing the payment of $519,092.00 to James E. Perkins, Jr.,
for modifications to his building located at 311 North Anaheim Boulevard,
pursuant to agreement on file North Anaheim Boulevard Street Widening
Project R/W 3500-02.
Ail. 158: Authorizing the payment of $164,246 to Miguel Gonzalez, Sr.,
pursuant to agreement on file, for modifications to his building located at
730/732 North Anaheim Boulevard - North Anaheim Boulevard Street Widening
Project R/W 3500-48.
Al2. 169: Approving the installation of a raised median on State College
Boulevard from La Palma Avenue to 160' south of Sycamore Street.
This item was pulled from the Consent Calendar for further discussion. (See
end of Consent Calendar.)
Al3, 176; RESOLUTION NO, 90R-218; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (89-8A) (Setting a date for public hearing
to consider abandoning that easement for electrical purposes on property
located at the northwest corner of Kellogg Drive and Hunter Avenue - suggested
public hearing date July 24, 1990.)
Al4, 176; RESOLUTION NO. 90R-219: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (90-4A) (Setting a date for public hearing
to consider abandoning that easement for public utility purposes on property
located at the southeast corner of Winston Road and State College Boulevard -
~ugge~ted public hearing date July 24, 1990.)
Al5. 176; RESOLUTION NO, 90R-220; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (90-7A) (Setting a date for public hearing
to consider abandoning portions of Old Lincoln Avenue, Oak Street, Chestnut
Street, Third Street, Helena Street, Clementine Street and Lemon Street -
suggested public hearing date July 24, 1990.)
Al6. 107: Rejecting the bid submitted for the garage extension at the Vermont
Tree Yard to house aerial units.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
Al7. 160: Accepting the bid of McMahan Desk, Inc., in an amount not to exceed
$50,000 for Harper office furniture as required during fiscal year 90/91, in
accordance with bid #4848.
Al8. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Wang Laboratories, in an amount not to exceed
$80,478 to cover maintenance and software support costs for Wang equipment for
a period of six months (and the Police Department for a period of twelve
months) commencing July 1, 1990.
Al9. 124/125: Approving the annual maintenance costs in the amount of
$10,980.48 with Hewlett-Packard for maintenance of computer equipment located
at the Convention Center for a period of one year beginning July 1, 1990.
A20. 123: Approving an agreement with Service Intelligence Corp. in an amount
not to exceed $1,049,900.50 for all personal computer hardware, installation,
and network administration training city-wide (Modules 1,2,3 & 4).
123: Approving an agreement with Ashton Tare, in an amount not to exceed
$56,578.50 for all word-processing training city-wide (Module 5), in
accordance with bid proposal #4840.
123: Amending the 1989/90 Resource Allocation Plan by increasing Revenue
Account #01-3003 by $450,000 and increasing expenditure accounts as follows:
City Clerk 01-134-7115 $60,011; City Attorney 01-121-7115 $42,127; Finance
01-152-7115 $66,629; Parks/Rec/CS 01-341-7115 $54,415; Engineering 01-216-7115
$40,000.
A21. 123: Authorizing the Chief of Police to exercise an option to renew the
lease with Lyle Parks, Jr., DBA Gold Key Business Center for the temporary
police satellite facility, and to authorize the Chief of Police to take the
actions necessary, pursuant to the lease, in order to renew the lease for two
one-year periods.
A22. 156/152: Authorizing the transfer of retired canine "Arry" to his former
handler, Officer Walt Jackson.
A23. 106/156/123: Accepting funds in the amount of $70,248 for Fiscal Year
1990/91 to provide an additional D.A.R.E. Officer for the Anaheim City School
District, and to add one additional Police Officer to the Department's
authorized positions.
106/156/123: Approving an agreement with Anaheim City School District and
authorizing the Mayor and City Clerk to execute said agreement.
A24, 174/156; RESOLUTION NO, 90R-221; A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING AN APPLICATION TO THE UNITED STATES OF AMERICA
FOR FUNDING OF THE COMMUNITY ACTION PLANNING PROGRAM. (Police Department -
crime enforcement and prevention efforts with neighborhood groups.)
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M.
A25. 123: Approving an agreement with Anaheim Family YMCA to provide
supervised programs and activities at no cost to youth participating in
Project S.A.Y., the City's anti-gang/drug program; and authorizing the Mayor
and City Clerk to execute said agreement. Funding for these programs is
provided with $17,000 from Community Development Block Grant, and $10,500 from
the General Fund.
A26. 123: Approving an agreement with Orange County Consolidated
Transportation Service Agency to provide transportation services to senior
citizens at a cost of $24,731.
A27, 150/142: ORDINANCE NO, ---- INTRODUCTION: Amending Chapter 13.12 of
Title 13 of the Anaheim Municipal Code pertaining to street trees.
150/142: RESOLUTION NO, ----; Adopting the official tree specie list of
trees which may be planted in City Street rights-of-way.
This item was pulled from the Consent Calendar for further discussion. (See
end of Consent Calendar.)
A28. 123: Approving a Lease Agreement with the Anaheim Union High School
District at a cost of $5,919 per month for the use of space (11,606 square
feet) at Trident Junior High School during the 1990/91 fiscal year.
A29. 152/153: Authorizing city employees to voluntarily transfer vacation
hours from their vacation balances to the vacation account of Stephen C.
Burnside, an employee of the Public Utilities Department, and authorizing
retroactive utilization of the vacation time so transferred.
A30. 123: Approving an Affordable Housing Agreement with CWD-Inglewood
Associates for four affordable apartment units out of 22 located at 3424 W.
Orange Avenue (Parcel 1) in connection with Variance No. 4011.
A31. 123: Approving an Affordable Housing Agreement with CWD-Inglewood
Associates for five affordable apartment units out of 22 located at 3428 W.
Orange Avenue (Parcel 2) in connection with Variance No. 4011.
A32. 123: Waiving Council Policy 306 and authorizing the Data Processing
Director to enter into a Government Purchase Agreement with Apple Computer,
Inc., for a minimum amount of $100,000 and a maximum amount of $399,999 for
Apple computer equipment as required for a period of one year beginning
July 1, 1990; and authorizing the Purchasing Agent to issue a blanket purchase
order to Apple Computer, Inc., pursuant to the Government Purchase Agreement.
A33. 123: Approving agreements with The Professionals, Krystal Solutions,
Business Consulting Associates, XXCAL, Inc., John Cappelletti Associates,
Computer Tek, Data Design Corporation, Computer People, Inc., International
Management Systems Corp., MIDCOM Corporation Harte Enterprises, Mini-Systems
Associates, in an amount not to exceed $500,000 for contract programming
and/or consulting services.
650
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
123: Approving agreements with EXECUSOFT, and Sizemore Computer Services, in
an amount not to exceed $500,000 for contract programming and/or consulting
services.
123: Approving an agreement with Businessland in an amount not to exceed
$25,000 for services in telecommunications and networking for contract
programming and/or consulting services.
A34. 158; RESOLUTION NO, 90R-222: 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.
A35. 123: Approving a Memorandum of Understanding with County of Orange to
permit the City of Anaheim to assume enforcement responsibilities for State
laws relating to underground tanks, and authorizing the City Manager to sign
the Memorandum of Understanding, effective 3uly 1, 1990.
129/142; ORDINANCE NO, 5145 INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 16.08.100 OF CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO UNDERGROUND STORAGE OF HAZARDOUS MATERIALS.
(Designating the Fire Department as the implementing agency for the City.)
000/129; RESOLUTION NO, 90R-223; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING FEES FOR THE UNDERGROUND STORAGE TANK PROGRAM.
A36. 123/129: Accepting the completion of and authorizing final payment to
Edwin Webber, Inc., for weed abatement work incurred during the 1989/90 fiscal
year.
A37. 123: Extending the weed abatement contract with Edwin Webber, Inc.,
subject to the same terms and conditions as set forth in the agreement dated
September 12, 1989.
A38. 123: Approving the recommendations from the Anaheim Private Industry
Council to fund the Program Operators as listed on Chart A for the JTPA
program activities for a total of $231,615 for the period July 1, 1990 to
June 30, 1991, and authorizing the JTPA Manager to execute the necessary
agreements and modifications.
A39, 000/179; ORDINANCE NO, 5142 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE TO AUTHORIZE
IMPOSITION AND COLLECTION OF CERTAIN FEES.
A40, 156/142; ORDINANCE NO, 5143 - ADOPTION; AN ORDINANCE OF THE GITY OF
ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.13.020 AND AMENDING SECTION
1.13.050 OF CHAPTER 1.13 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
THE POLICE RESERVE CORPS.
A41. 144/106: Authorizing the City of Anaheim to continue participation in
the Orange County Hazardous Waste Joint Powers Authority, and appropriating
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City Hall. Anaheim. California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
$1,818.20 from Council's Contingency Fund to cover Anaheim's share of the
membership fee for the Southern California Hazardous Waste Management
Authority's Annual Assessment for the Fiscal Years 1989/90 and 1990/91.
A42. 123: Approving a Non-residential Rental Agreement with Interseric Motor
Sport Corporation for the property located at 2605 East Katella Avenue, and
authorizing the City Manager or his designee to execute the agreement on
behalf of the City.
Karen Spaulding. She is co-owner of Old Mill Custom Cabinets at 2601 East
Katella. She is concerned with the proposed tenancy site for Interseric Motor
Sport Corporation. She understands the property is not correctly zoned for
the type of business that will be constructed. It has been their experience
that an automotive business in the complex is detrimental to the general well
being of the surrounding businesses. They would like Planning and Zoning to
look at the issue carefully before approval.
City Manager Ruth. He will have staff look into the matter.
A43. 106/132: Amending the RAP increasing expenditures in the Sanitation Fund
by $664,034.35 and approving payment of $664,034.35 from the Sanitation Fund
for the first annual debt service payment for recycling equipment.
(Certificates of Participation)
Roll Call Vote on Resolution Nos. 90R-218 through 90R-223:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution Nos. 90R-218 through 90R-223, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5142 and 5143:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Ordinance Nos. 5142 and 5143 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
Al2. 169: STATE COLLEGE BOULEVARD MEDIAN INSTALLATION; Approving the
installation of a raised median on State College Boulevard from La Palma
Avenue to 160' south of Sycamore Street. Submitted was report dated June 13,
1990 from the Director of Public Works Gary Johnson, recommending approval of
the installation of the raised median.
City Manager Ruth announced that two people were present to speak on the
matter.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5~30 P,M,
Betty Johnson. She is a resident at 1930 East Redwood Avenue. She submitted a
petition signed by residents on Redwood urging the Council to extend the
proposed median on State College Boulevard to include Redwood Avenue. The
reasons for the request were also listed in the petition (made a part of the
record) which she read, the main points being that traffic and traffic speed
would increase significantly on Redwood, Redwood is much narrower than
Sycamore and combined with the increase in traffic volume and speed would
increase the possibility of vehicle collisions and vehicle-pedestrian
accidents and property values on Redwood would decrease because Redwood would
no longer be a residential street but would become a thruway. She urged the
Council not to transfer Sycamore traffic to Redwood but extend the proposed
barrier past Redwood to keep Redwood a residential street as it was intended.
Connie Lemer, 1841 East Redwood. They realize they will be inconveniencing
themselves by requesting that the median be extended past Redwood but feel it
will be safer for their children. It is vitally important to keep Redwood a
residential street and not a thruway like Sycamore.
Charles F. Ledder, 2229 North Redwood. He objects to the proposed median. He
explained the only way the residents can exit the area at the present time.
Since the right turn pocket has been added to State College at Sycamore and
the "keep clear" sign installed at the intersection, they have been able to
make either a right or left turn off Sycamore onto State College. He does not
know how many accidents have occurred since those changes were made. It has
greatly alleviated the problem and has given them an opportunity to get out of
the tract almost any time of the day. If the barrier is added, it will be
impossible for them to get out of their tract onto State College.
Paul Kott, 504 North State College (northeast corner of the intersection of
Sycamore at State College). What the ladies did not say was that they opposed
the median altogether and the present proposal was a compromise. The problem
with the "solution" is not the intersection but why there have been so many
accidents at the location over the years. His office has been located there
for almost nine years and he has witnessed almost every accident that has
taken place. Most occur just north of the intersection. During heavy traffic
time as the traffic is backed up on the northbound lane of State College going
toward the 91 freeway, many people try to pass unsafely on the right. People
southbound are trying to make an easterly turn into the shopping center north
of him and hit the cars that are northbound passing unsafely on the right.
Secondly, even though the median might mitigate any turning at all on State
College, it does so at the expense of the property owners restricting ingress
and egress and devaluing the properties located there. The problem might
worsen with the median resulting in people going around the median to make "U"
turns which may be unsafe. If the City wishes to do something meaningful and
not impose a problem on property owners, then a light should be installed at
that intersection. He urged the Council to take another look at the proposal.
Paul Singer, Traffic Engineer. Staff had reviewed the location prior to even
requesting that the improvement be a part of the capital improvement plan. By
the use of median islands, it will eliminate a great many accidents that take
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place at that location. A signal would be close to the La Palma traffic
signal and will artificially delay traffic. They are trying not to delay
traffic but break up congestion which is a direct cause for further accidents
transferred to rear end collisions. The plan for installing the medians was
to eliminate collisions. He referred to the posted exhibit showing the
intersection with an overlay. Without the overlay, it showed the many
collisions that had occurred; with the overlay which included the installed
median, all such collisions would be eliminated. An informal public meeting
was held and many residents along Sycamore indicated they would be very much
in favor of reducing the potential of accidents on the street. If the median
is extended towards Redwood, it would cause somewhat more of an inconvenience
but the trade off between inconvenience and traffic safety is obvious. If the
point of turn takes place as a "U turn" there are very few collisions caused
by "U turns" If the Council wishes, the median can be extended beyond
Redwood.
Councilman Daly. He asked the Traffic Engineer if he envisioned the day when
a median will extend from La Palma to Lincoln with only short gaps in it; Mr.
Singer answered yes. He would suggest since State College Boulevard is such a
major arterial highway, they are going to have to increase capacity
substantially through installation of medians probably from the 91 freeway all
the way down to I-5 with breaks as necessary.
After further discussion between Council and staff, no further action was
taken by the Council; however, later in the meeting (under items of public
interest - approximately 10:50 p.m.), Betty Johnson spoke to the Council
explaining that she was present earlier to speak to the issue (item Al2) but
no final decision was made relative to the request to extend the median beyond
Redwood. It is a very important issue and the Council has approved many
things for the residents. She would like the Council to address the matter.
Paul Singer. He has no objection or problem in extending the median past
Redwood. The reason to extend it beyond Sycamore was because that is where
there was existing accident experience. If extended as proposed, it may shift
some of the accidents to Redwood. By extending the median beyond Redwood, it
would be eliminating most of the accidents. Extending the median beyond
Redwood would require additional money but that could be accomplished should
the Council wish to direct staff to do so.
MOTION; Councilman Ehrle moved to approve the installation of a raised median
on State College Boulevard from La Palma Avenue to beyond Redwood Avenue as
requested. Councilman Daly seconded the motion. MOTION CARRIED.
A27, 150/142; STREET TREE ORDINANCE REVISIONS; Amending Chapter 13.12 of
Title 13 of the Anaheim Municipal Code pertaining to street trees, (2)
adopting the official tree specie list of tress which may be planted in City
street rights-of-way. Submitted was report dated June 13, 1990 from Chris
Jarvi, Director of Parks, Recreation and Community Services recommending the
subject actions.
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City Manager Ruth announced that Mr. Joe White wished to speak to the
subject.
Joe White. The proposal is proposing to change something that has been
occurring in Anaheim for 133 years and it is brought forth as an item "buried"
in the consent calendar. He feels it is a disgrace. In any case, there first
should have been public hearings so that people can give their input. The
City should talk to the people so that the people can decide what kind of
trees they want.
Councilman Ehrle. He received a number of calls from Anaheim Beautiful and he
would recommend that the Whites and some other people meet with Mr. Jarvi and
go through the proposed ordinance and perhaps a delegation from Anaheim
Beautiful. Subsequently the proposal could come back to the Council.
Councilman Daly. He feels it is a good idea to let Anaheim Beautiful and
other groups in the City actively involved in landscaping and beautification
look at the proposed ordinance.
Mayor Hunter asked staff if there would be a problem in holding the matter off
for a few weeks to give an opportunity for staff and groups such as Anaheim
Beautiful to discuss the matter and subsequently have it come back to the
Council.
Jack Kudron, Parks Superintendent. The Department does not have a problem.
He pointed out that the specie list is not in the ordinance. It is by
resolution and designed that way so that changes can be made more readily when
staff discovers better species to be used or choose to delete a certain
species. The list was developed with a lot of input from experts in the field
and a lot of research in terms of the width of the parkways in the City and
what trees can be planted in an acceptable fashion.
MOTION; Councilman Ehrle moved to continue the proposed ordinance and
adoption of an official tree specie list to Tuesday, July 17, 1990.
Councilman Ehrle seconded the motion. MOTION CARRIED.
END OF CONSENT CALENDAR:
NEW ITEM; APPOINTMENT OF ASSISTANT CITY MANAGER; City Manager James Ruth
announced the appointment of James Armstrong as Anaheim's new Assistant City
Manager effective July 23, 1990. Mr. Armstrong was a former employee of the
City for many years and did an outstanding job. For the past seven years, he
has been the City Manager of Hanford, California. He (Ruth) is pleased to
have Jim back in the City fold.
City Attorney White. He announced that the City Council as required by the
City Charter approved the appointment of the new Assistant City Manager in
closed session today by a 4-0 vote.
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A46, 106: ADOPTION OF THE 1990/91 RESOURCE ALLOCATION PLAN (RAP) AS
AMENDED: Submitted was report dated June 6, 1990 from the Program Development
and Audit Manager, Ken Stone, recommending that the Council adopt the 1990/91
RAP as amended.
City Manager Ruth. He noted that the public hearings on the Resource
Allocation Plan (Budget) were conducted on June 12 and June 19, 1990 and it
would be appropriate at this time for the Council to adopt the 1990/91 RAP
which is the second year of the 1989/91 plan.
MOTION; Councilman Daly moved to adopt the 1990/91 Resource Allocation Plan
(Budget) as amended. Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler was absent.
A47. 000/102/108: PUBLIC HEARING - ESTABLISHING FEES FOR ANIMAL CONTROL,
WELFARE AND LICENSING; To consider establishing animal regulation fees in
accordance with Chapter 8.08 of the Anaheim Municipal Code and subsequently
establishing animal regulation fees. Submitted was report dated June 19, 1990
from the City Treasurer, Mary Turner, recommending a proposed resolution
adopting the subject fees.
Mayor Hunter opened the public hearing and asked if anyone wished to speak;
there being no response he closed the public hearing.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution NO. 90R-224)
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-224 for adoption, establishing
animal regulation fees. (Refer to Resolution Book.)
RESOLUTION NO, 90R-224; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING ANIMAL REGULATION FEES.
Roll Gall Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-224 duly passed and adopted.
134/179/170: PUBLIC HEARING - MITIGATED NEGATIVE DECLARATION, GENERAL PLAN
AMENDMENT NO, 301, RECLASSIFICATION NO, 89-90-52, WAIVER OF CODE REQUIREMENT,
CONDITIONAL USE PERMIT NO, 3259, VARIANCE NO, 4056, TENTATIVE TRACT MAP NO,
14259:
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OWNERS:
Paul T. Salata
3100 Airway Avenue, Suite 124,
Costa Mesa, CA 92626
Caltrans, District 12, Attn:
2501 Pullman Street,
Santa Aha, CA 92705
Ralph Neal,
AGENT:
Camille Courtney
711 East Imperial Highway, Suite. 200,
Brea, CA 92621
LOCATION: The property is located at 4000 East Riverdale and is approximately
10.5 acres located on the north side of the Riverside Freeway and the south
side of Addington Drive.
REQUEST: The request is for amendment to the Land Use Element of the General
Plan proposing a redesignation of subject property from the existing Hillside
Low-Medium Density Residential designation to the Hillside Medium Density
Residential designation. RS-A-43,000 to RM-2400 (Portion A) or a less intense
zone and RS-5000 to RM-2400 (Portion B) or a less intense zone to permit a
152-unit condominium complex with waivers of maximum fence height, maximum
structural height and minimum rear yard setback.
ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 301
APPROVED (PC90-114). (3 yes votes, 2 no votes, 2 absent); Reclassification
No. 89-90-52 GRANTED to RM-3000 (PC90-115) (3 yes votes, 2 no votes, 2
absent); Conditional Use Permit No. 3259 WITHDRAWN; Variance No. 4056 GRANTED
(PC90-116) (3 yes votes, 2 no votes, 2 absent); Tentative Tract Map No. 14259
APPROVED (3 yes votes, 2 no votes, 2 absent); approved Mitigated Negative
Declaration with Amended Mitigation Monitoring Program (4 yes votes, 1 no
vote, 2 absent).
NOTE: No action was taken by the Council on Tentative Tract Map No. 14259 at
the meeting of May 22, 1990. The appeal period expired May 31, 1990. It was
an informational item at the 3une 12, 1990 meeting and set for public hearing
due to General Plan Amendment No. 301.
PUBLIG NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 14, 1990
Posting of property June 15, 1990
Mailing to property owners within 300 feet - June 13, 1990
PLANNING STAFF INPUT: See staff report to the Planning Commission dated
May 21, 1990.
APPLICANT'S
STATEMENT:
Camille Courtney, President, GGG Enterprises, agent for the
applicant, 2756 Lorenzo Avenue, Costa Mesa. She gave a summary
of the project which was approved by the Planning Commission on
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May 21, 1990 after it had been substantially redesigned. The
site is on the southeast corner of the 91 Freeway and Riverdale
Overcrossing consisting of approximately 10.5 acres, 9.5 acres
of which has been purchased and is in escrow from Caltrans. The
small piece near Riverdale was acquired after meeting with the
City and discussing how access would be obtained to the site.
They are also required to have a second point of access for
emergency use only. The property at 44234 Addington was
acquired for that purpose. Conditions of approval would prevent
that access point from being opened at some later date. With
this plan, 152 condominiums are proposed (initially there were
168) for the site but several different types of products are
involved. The project was redesigned to RM-3000 standards and
several things were incorporated such as 12 single family
one-story homes adjacent to the existing homes.
Moving across the site, there are condominium buildings - 6, 8
and 10 unit buildings two stories high which include town homes
and stacked flats with 304 garages on the site. In addition,
there are 100 open space guest parking spaces where they are
only required to have 38. With Building D next to the freeway,
it is necessary to mitigate the freeway noise. Rather than
building a required 10 to 19 foot wall, they devised a building
type that incorporates that wall. They are proposing garages at
ground level of Building D and over that two carriage units.
The back of the building is architecturally treated. There are
no windows and the acoustical element is incorporated in the
back of the wall. She then "walked" the Council through the
elevation of the project which information was included in the
materials submitted to the Council. They did a substantial
amount of environmental analysis and a mitigated negative
declaration. They also did an acoustical analysis and meet the
City's noise standards, an air quality analysis and a number of
traffic studies.
Mrs. Courtney further explained that she has met with the
community and there are several issues - one is the need for a
traffic signal and the concern about the safety of the projects
access off of Riverdale. She then briefed some of the findings
of the three traffic analyses done by Weston Prtngle and
Associates and what the impacts of the project would be on the
local circulation system as well as staff's input regarding
traffic. Riverdale is an arterial highway with 60 feet of
right-of-way and has very few access points. The street does not
warrant a traffic signal from a through traffic standpoint.
People who live in the subdivision back up and wait to move onto
Riverdale because there are only two or three access points. If
the City feels a traffic signal is necessitated by the project,
the developers will pay their fair share and install it. The
remaining question is the design of the intersection on
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Riverdale and if there is adequate line-of-sight. There is
clearly a 500 foot sight line distance and all reports submitted
to the City and reviewed not only by the Transportation
Department and also Public Works Engineering all determined the
line-of-sight to be acceptable. The three transportation issues
were line-of-sight, which it meets, the need for a traffic
signal which is determined to be unwarranted and the existing
intersections of Tustin and Lakeview. The project's impact on
them does not substantially degrade those intersections.
In concluding, she stated there is still a severe need to
provide attainable housing since less than 20% of the people in
Orange County can afford to buy a home here. Whatever they
build on the site needs to be an economic success. The
marketing people feel the project is going to be a success. It
provides more square footage than most condominiums and two
garages which are important amenities. Although the project
abuts existing single family homes, it is by itself by virtue of
the fact of its shape and topography separate because it is
higher than the adjacent neighborhood and it contains a variety
of project types. Ail environmental impacts have been mitigated
thus mitigating the neighborhoods's initial concerns.
She would like to be before the Council with a project that had
community support. She hopes the Council will consider the
project favorably.
Answering Councilwoman Kaywood, Ms. Courtney explained that
their site is higher by three feet to eight feet than the
adjacent homes. There is a wall which sits on top six feet and
is sloped down from the wall three to eight feet. The single
family homes are below their site. Directly adjacent their
homes will be about the same height or slightly higher in terms
of pad elevation. The one story homes are proposed adjacent to
the property line to mitigate any visual intrusion.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak.
PUBLIC DISCUSSION IN FAVOR: None
PUBLIC DISCUSSION IN OPPOSITION: The following people spoke in opposition.
Included is a summary of the concerns expressed.
Patrick Pepper, Chairman, Anaheim Hills Citizens' Coalition. It
is obvious by the number of residents present inside and outside
the Council Chamber this evening who are wearing red ribbons
that there is a great deal of concern with the proposed
project. Signatures have been gathered from over 1,000 area
residents in opposition. Any General Plan change should be an
enhancement to the area but this project clearly is a
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detriment. The General Plan calls for 63 units maximum - the
project proposes 152. It is a change from RS-43,000 to
RM-3000. The entrance to the project is on a downslope of an
overpass, the safety of which is very questionable. The units
themselves border the freeway. The "D" units range from as
little as 80 feet to 140 feet away from the freeway. In order
to meet noise requirements, there are no windows in the units
facing the freeway. Those units cannot have their windows or
doors open at any time. The units directly across from those,
the second floor patios, have to have a seven foot plexiglass
shield in order to meet the City's noise standards. He
questioned if this is the quality of life Council wants for
residents of the City. Today's hearing presents an opportunity
for the Council to show their support for maintaining the
integrity of single family neighborhoods in Anaheim.
John Bougois, 220 North Mohler Drive. He is representing Sam
Peterson who lives at 220 Barryknoll who could not be present
today. He (Bougois) is a registered civil engineer in the firm
of Sam Peterson and Associates. He is concerned with regard to
the public safety of the proposed access. He then addressed the
technicalities relative to line-of-sight assisted by Mr. Pepper
working from the posted exhibit. The intent of the 500 foot
minimum stopping sight distance is to allow the driver of the
approaching vehicle enough time to react to seeing the object
and making the decision to stop and bringing the vehicle to a
stop in the distance available. It is his opinion allowing the
proposed access road in the subject location would create a
public safety hazard detrimental to the area.
Jeff Simco, 4305 East Addington. The comments thus far are
related and express two common concerns - a real life and death
safety situation for new and existing citizens of the area due
to the project's traffic proposal. The proposal is borderline
at best. Secondly, the increase in area density is a major
concern. Any increase in density will require an increase in
police and fire protection. The proposal is 2.4 times the
previously established 63 units. The entire neighborhood is
already experiencing many problems, crime being one and the
proposed project will unreasonably increase those problems. A
negative declaration has been written to show that concerns have
been mitigated. The California Environmental Quality Act was
established among other things to protect the quality of life to
humans. The Council has a responsibility to its citizens. Over
1,000 people in the direct area will be adversely impacted by
the project and they are against the project. He urged the
Council to uphold the intent of the California Environmental
Quality Act and deny the project.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26. 1990. 5:30 P.M.
Ernest Rahm, 321 North Redrock. He opposes the project or any
rezoning which would allow anything other than single family
homes similar to those presently in the area. He agrees with
the concerns related to street access and safety. Having
purchased their home about 11 years ago, they believed there was
no privately owned property in the area available for future
development and that the Caltrans property was reserved for
future expansion of 1-91 and the 1-55 interchange. He does not
believe it should be used for private development. A good use
for the property would be to plant some trees and create a sound
and pollution barrier between the freeway and existing homes.
He also expressed other concerns as outlined in his prepared
statement dated June 26, 1990. He does not agree with the
argument that quantity housing is needed at the expense of
quality of life. The motive is profit and not concern for
providing low cost housing. The applicant is suggesting
building homes where the back wall of the dwelling is the sound
barrier wall for the freeway. There will also be light
intrusion from car headlights pointing directly into the back
yards of the first few homes along Riverdale when turning into
the project. The lights would be several feet above the top of
the existing wall. He urged the Council to deny the project.
Lou Lenert, 121 North Redrock. He spoke to the safety concern
associated with the proximity of the freeway to occupied
structures. A waiver is requested allowing the project to build
structures directly along the property line adjacent to the
freeway. In recent years, freeway traffic has infringed on
existing properties even though farther removed from the
freeway. He then relayed a primary incident which occurred
several years ago involving a big rig truck which landed in the
yard of 4244 Addington causing extensive damage to the yard and
subsequently to the structure when cleaning up of the accident
took place. He also relayed another incident. He is concerned
that the potential for such accidents will be even greater with
the proposed structures being so close to the freeway.
Marvin Soap, 4111 North Meadowbrook, Orange. He represents
residents in Orange since the intersection is about three tenths
of a mile from the Orange City limits. It is going to be a big
problem for a lot of people. He also has concerns relative to
line-of-sight in relation to the access point. The applicant
talked about attainable housing but he feels it has to be in a
safe environment. He urged the Council to act on the people's
behalf.
John Sunderson, 4359 Holtwood. He spoke to traffic
considerations and what he referred to as the very special
nature of Riverdale in that regard. The neighborhood would like
a traffic light on Riverdale beyond what the engineers have been
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able to gather from the data. He encouraged the Council to ask
the engineers to analyze the data and submit a full statistical
report. He is also concerned that some of the data was taken
during Easter week which was not a true representation. He
relayed many issues relating to traffic. In concluding he also
spoke to other points previously expressed such as affordable
housing, the apartments referred to should not even come into
the discussion since they are far removed form the subject area,
the suggestion that planting of trees in the area would be a
good plan, etc. He also feels that since Caltrans is aware
there is a sound problem related to the property, they should be
asked why they put it on the market. The 152 unit proposed
project along with the whole sum of everything being allowed to
go into the canyon area has exceeded the environmental loading
capacity of the canyon. He feels the Council should be asking
the Planning Commission why Environmental Impact Reports are not
being requested for developments going into the canyon. The
canyon has a problem and they need to look at EIRs not only for
this one complex which he is urging not be approved, but all the
development going into the canyon.
SUMMATION BY
APPLICANT:
Camille Courtney. She either answered or countered the concerns
expressed. She also clarified that she was not talking about
affordable homes; however in Orange County the proposal
constitutes an affordable project. When a condominium is built
that sells for $150,000, that $1,000 a square foot condominium
built adjacent to single family homes per square foot is higher
than the adjacent single family homes selling for $200,000. The
impact of building next to single family raises the value of the
homes by virtue of comparison. The project will function as a
sound barrier. She also addressed the headlight impact, safety
of the wall, safety of the access and other issues broached.
COUNCIL ACTION: Mayor Hunter closed the public hearing.
Councilwoman Kaywood asked to hear form the Traffic Engineer.
Paul Singer, Traffic Engineer. Staff has looked at the project
and recommended several things that became part and parcel of
the project including certain conditions of development which
should be part of the staff report and conditions of
development. There were items of special concern. The
applicant supplied a set of plans and profiles regarding the
sight distance visibility at the proposed access point as well
as the opponents. Staff compared them and made the
determination based on the available information that the plan
and profile presented by the opponents failed to take into
consideration the entire project as stipulated by the Caltrans
manual which he then explained. Ultimately in staff's technical
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analysis of the two proposals, the Riverdale access point and
its sight distance meets Caltrans minimum standards. Relative
to the traffic signal, independent studies have been conducted
egarding the warrants on traffic signals on the entire length of
Riverdale between Tustin and Lakeview. The conclusion was that
a signal is not warranted at the proposed access or at Finch
Street. There is a minimum warrant which may be satisfied at
Deerfield and Riverdale because there is a combination of events
at that point. If there is going to be a signal it should
probably be at Deerfield.
Councilman Ehrle. The property is a difficult one. It faces
the freeway but it is not necessarily industrial. It is zoned
residential. He has always defended the rights of the property
owner but also the rights of the neighbors and in this case will
have to support the neighboring property owners. There are a
number of reasons but primarily the developer when purchasing
the property had full knowledge of the type of land they were
buying. He wants it to be developed as well as the neighbors
but it should be developed more in keeping with the
neighborhood, RS-5000 single family homes. Somewhere between 67
to 75 single family homes was the number that could be developed
which could sell in the neighborhood of $225,000. He would hope
it would come back as detached single family homes.
MOTION; Councilman Hunter moved to deny the mitigated negative declaration.
Councilman Ehrle seconded the motion.
Before a vote was taken, Councilman Daly stated he agrees this
is a difficult project and feels it needs more work. He would
favor asking the developer to continue to work with the
neighbors to try to come up with a project more in keeping with
the flavor of the neighborhood and one that is lower in
density. He would ask that the developer return to the
community and attempt to modify the project so that the
community can support it. He suggests that the project and
public hearing be continued to allow that to take place.
Mayor Hunter. He would be opposed to continuing the hearing.
The project should be completely denied. The people expressed
their sentiments relative to quality of life, neighborhood
integrity - that is the issue. If the project were built to
code they would not have to come back.
Councilman Ehrle. The vote at the Planning Commission level was
three to two with two absent. He feels the project will come
back but it should start through the process from the beginning
and be submitted to the Planning Commission as a new project.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P.M,
Councilman Daly. He asked if the Council directs the project
back to the Planning Commission how that differs from a denial
and the project applicant returning to the Planning Commission.
City Attorney White. If the Council refers the project back to
the Planning Commission, it would be merely for a recommendation
to the Council based upon possible revisions to the project or
to revisit the project based upon a full Planning Commission
being present. The recommendation of the Planning Commission
would immediately come back to the Council and the project would
again be in front of the City Council for action. If any
changes were made to the project that would require additional
variances, those could not be done without renoticing the
project and for an additional public hearing at the Planning
Commission or City Council level. If the Council denies the
project, the distinction would be if the applicant would then
wish to proceed with any modified form of the project, it would
be necessary to file a new application, have it heard before the
Planning Commission again and potentially make its way back to
the Council possibly on an appeal or a review. He further
explained for Councilman Daly that it automatically came before
the Council because of the General Plan Amendment. At this
time, the Planning Commission is divested of jurisdiction and
the only thing that they could do is get a referral from the
Council to make a recommendation back to the Council. The
Council would have to make the final decision as it now stands.
Councilman Daly. His feeling is the project can be saved. It
needs work and more discussion between the developer and the
neighborhood and he would like to recommend that the Council
refer the project back to the Planning Commission and ask the
developer to reduce the density and work with the neighborhood.
Mayor Hunter. He reiterated he would be opposed to that. It is
a project where they need to draw lines. He does not feel there
is any compromise. It is very rare for the Council to send
something back to the Planning Commission. Generally a project
iS either approved or denied. He called for a vote on the CEQA
finding.
Councilwoman Kaywood. She and Councilman Daly went to the
neighborhood. She still has questions relative to comments made
that need clarification. She posed questions to the Traffic
Engineer relative to the sight distance. He reiterated his
previous explanation. He also confirmed that he does not have
an answer on the elevation from the freeway to the actual site.
He was never asked to analyze that issue since it was not a
traffic issue.
A vote was then taken on the motion by Councilman Hunter to deny the CEQA
finding. The vote was as follows:
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M.
AYES: COUNCIL MEMBERS: Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly and Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
City Attorney White then explained under the law the Council
cannot approve the three resolutions without first having a
finding under the California Environmental Quality Act in favor
of approving the mitigated negative declaration. Under Council
rules, it provides in the event of a tie vote where a Member is
absent whose vote if present would be sufficient to act upon the
project and in the event of such absence the rule provides that
the project application should automatically be continued
without further notice to the next meeting of the Council at
which all members will be present to vote. The matter is
automatically continued to the next regular Council meeting
which is two weeks from tonight. The public hearing portion is
closed and unless reopened by the Council, no additional
testimony will be taken. Councilman Pickler will have to listen
to tonight's proceedings and subsequently another vote taken.
MOTION: Councilman Hunter thereupon moved to approve the CEQA findings.
ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION; On motion by
Councilman Hunter, seconded by Councilman Ehrle, the City Council does hereby
approve a mitigated Negative Declaration on the subject project and
accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the
Public Resources Code on the basis that the Planning Commission/City Council
has considered the proposal with the mitigated Negative Declaration and
accompanying Monitoring Program, together with any comments received during
the public review process and further finding on the basis of the Initial
Study that there is no substantial evidence that the project will have a
significant effect on the environment. Councilman Pickler was absent. MOTION
CARRIED.
Councilman Hunter offered a resolution to deny General Plan Amendment No. 301,
deny Reclassification No. 89-90-52 and deny Variance No. 4056.
The vote to deny the General Plan Amendment, Reclassification and Variance was
as follows:
AYES: COUNCIL MEMBERS: Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
City Attorney White clarified for the Mayor that the resolutions
did not pass since the City Charter requires three yes votes to
adopt a resolution. If Councilman Pickler were present
potentially there could be a third yes vote. Unless a different
vote is taken, the resolutions will automatically be continued
to the next regular meeting for Council determination.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
Mayor Hunter. Before the people in the audience leave, he
stated he feels it is a travesty to force another public hearing
on the issue. The Council in the last couple of years has been
talking about downzoning and neighborhood integrity and when
they have an opportunity to show their true colors they do not
follow through. He cannot believe they are going to force the
large crowd present inside and outside the Chamber to come back
again.
Councilman Daly. He feels it is unfair for the Mayor to select
one project out of all the projects the Council has voted on and
in some cases where the Mayor as well has voted for multi-family
projects. To be fair, each project should be considered on its
own merits.
The public hearing was continued to Tuesday, July 10, 1990 at 6:00 p.m. for
full Council action, the public input portion having been closed. The
continuation is for a Council decision on the project.
RECESS: By general consent, The Council recessed for 10 minutes (9:20 p.m.)
AFTER RECESS: The Mayor called the meeting to order all Council Members being
present with the exception of Councilman Pickler. (9:37 p.m.)
AGENT:
179, CONTINUED PUBLIC HEARING - RECLASSIFICATION NO, 89-90-48, WAIVER OF CODE
REQUIREMENT, CONDITIONAL USE PERMIT NO, 3253 AND NEGATIVE DECLARATION;
OWNERS: Center Park Investments N.V.
333 City Boulevard West, #501
Orange, California 92668
De Beikes Investment Company
2300 Michelson Drive, #200
Irvine, California 92715
LOCATION/REQUEST: The property is located at 1521 North Imperial Highway (4.4
acres located north and west of the northwest corner of La Palma Avenue and
Imperial Highway.) The request is for a change in zone from RS-A-43,000 (SC)
to CL (SC); and to permit a commercial retail center with a semi-enclosed
restaurant with "on-sale" alcoholic beverages, with waivers of minimum number
of parking spaces, minimum structural setback adjacent to Imperial Highway and
prohibited roof mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION; Reclassification No. 89-90-48
GRANTED (PC90-76) (6 yes votes, 1 absent). Waiver of code requirement
GRANTED. Conditional Use Permit No. 3253 GRANTED (PC90-77) with an additional
condition requiring reciprocal access easements on both driveways to go with
the land; Negative Declaration approved.
PUBLIC HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P.M.
Ehrle and Councilwoman Kaywood at the meeting of April 17, 1990, and continued
from the meetings of May 8, 1990 and June 5, 1990 to this date.
City Clerk Sohl. She announced that staff has recommended that
the item be removed form the agenda and referred to the Planning
Commission to be readverttsed.
Annika Santalahti, Zoning Administrator then explained that the
revised plans reflect that it is essentially a new project and
thus the reason for staff's recommendation.
Councilwoman Kaywood. She asked if the revised plans will take
care of the problem she was concerned about; Miss Santalahtt
answered her understanding was that they would. She also
confirmed that the setback to Imperial is still 21 feet.
Mayor Hunter asked if anyone was present to speak to the matter or opposed to
the project going back through the Planning process; there was no response.
MOTION; Councilman Daly moved to approve staff's recommendation that the item
be removed from the agenda at this time and referred to the Planning
Commission to be readvertised. Councilman Ehrle seconded the motion.
Councilman Pickler was absent. MOTION CARRIED.
179,
CLASS 1;
AGENT:
PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3272, CATEGORICALLY EXEMPT,
Inter-Ocean Trade Corporation, A California Corporation
735 Fairway Lane
Anaheim, California 92807
Wade Stelzer
2500 West Lincoln, #12
Anaheim, California 92801
LOCATION/REQUEST: The property is located at 2500 West Lincoln Avenue, #12.
The property is approximately 1.68 acres located at the southeast corner of
Lincoln AVenue and Gain Street. The request is to permit a pawn shop.
ACTION TAKEN BY THE PLANNING COMMISSION; Conditional Use Permit No. 3272
APPROVED (PC90-108) (7 yes votes).
PUBLIC HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Daly at the meeting of May 22, 1990 and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 14, 1990.
Posting of Property June 15, 1990.
Mailing to property owners within 300 feet - June 12, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
PLANNING STAFF INPUT: See staff report to the Planning Commission dated
May 7, 1990.
APPLICANT'S
STATEMENT:
Edward Finney, 2515 West Lincoln. He and his partner Wade
Stelzer are before the Council to seek approval of expanding
their existing jewelry store business for a pawn broker
business. The neighbors feel they will bring undesirable
elements into the neighborhood which is an erroneous
assumption. They are honest, ethical businessmen who have been
in business in the City of Anaheim for almost 30 years between
them. They do not want to do anything detrimental to their
City. The Council has received letters testifying to their
honesty and integrity. He also lives directly across the street
from the business. They will be installing surveillance
cameras. He then explained how a pawn shop is run. In
concluding he stated they consider themselves a jewelry store
first and foremost and will continue to do so. They intend to
cooperate fully with the Anaheim Police Department and State
Department of Justice or any other agency. He invites anyone to
come in any time to see a well lit well run place of business.
He reminded the Council what it gives it can also take away. If
the business were found to be engaging in unlawful activities or
undesirables hanging around, the Conditional Use Permit could be
revoked. It is their hope the facts as presented will alleviate
fears and concerns.
Councilwoman Kaywood. The business backs to the neighborhood on
Gain Street. When the shopping center went in, the promise at
that time was that it would be low key and no disturbance to the
residential neighborhood. With the wall that was constructed
cars were not supposed to cut through but they do cut through
and have crashed into walls. There have been other problems as
well. It is not a usual thing when the Council receives
testimonials on behalf of an applicant. She would like to know
if staff has heard from any of the people on Gain or Chain.
Annika Santalahti, Zoning Administrator. Staff has not received
any correspondence other than the letters the Council received
in favor of the business.
Mayor Hunter opened the public hearing.
PUBLIC DISCUSSION - IN FAVOR:
Robert Bell. He owns the pizza business two doors down.
in favor.
He is
Doug Renner, 1226 Westmont. He is present to speak in favor of
the two gentlemen applying for the permit. He has known Wade
Stelzer for about 20 years and Ed Finney for at least 10. Mr.
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City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P,M,
Stelzer was a member of the City's downtown establishment when
all the local businesses were located there. His business was
always well run. He does not believe the proposed business will
cause any incursion of undesirables into the location he has
chosen.
PUBLIC DISCUSSION - IN OPPOSITION:
Nancy Brown, 2513 Chain Avenue, directly behind the jewelry
store. She has nothing against the gentlemen. Her concern is
the residential neighborhood immediately behind the proposed
business with 91 single family homes. There is a pawn shop on
Brookhurst and Ball. The immediate area is run down - the homes
and the area. The residents do not want that to happen in their
area. There have been problems with the center and Councilwoman
Kaywood is aware of them. They have had to ask the owner of the
center to tow cars away and people were sleeping in cars in the
alley part of the center. She would hate to see a pawn shop
allowed there. The present applicants may be very honest but
when they sell the business it will pass to another owner. It
will not add any integrity to the community or the area. She
thereupon submitted a petition containing 68 signatures from the
91 homes in the area who are all opposed.
Carol Parmesberger, 129 Gain Street. She is the Neighborhood
Watch Captain. There are two apartment complexes one on Lincoln
and one on Broadway. There seems to be a gang that has
developed between the two apartment buildings and they are
coming down Gain Street. A pawn shop will lower the level of
their beautiful neighborhood. She has worked with the applicant
and has purchased things from him. She has nothing but praise
for him but once a pawn shop is allowed, it will lower the
status of the neighborhood and the center.
After further discussion and questioning between Council and
staff for purposes of clarification, Councilman Daly asked Mr.
Finney what signage he planned for the business.
Mr. Finney explained they would like to advertise that it is a
pawn shop and put it on their sign. They want to call it
Anaheim Jewelry and Loan with two small signs and will also
indicate a pawn shop. They are not talking about installing new
signs but would change a couple that say jewelry to pawn shop.
There being no further persons who wish to speak Mayor Hunter closed the
public hearing.
Mayor Hunter. This is a Conditional Use Permit. If things
happen out there that are a detriment and come to the attention
of the Council via the Police Department and Code Enforcement,
the CUP can then be reconsidered by the Council.
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197
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Daly, the City Council ratified the
determination that the proposed activity falls within the definition of
Section 3.01 Class 1, of the City of Anaheim guidelines to the requirements
for an Environmental Impact Report and is, therefore, categorically exempt
from the requirement to file an Environmental Impact Report. 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-225)
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-225 for adoption, granting
Conditional Use Permit No. 3272 subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO, 90R-225; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3272.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
The Mayor declared Resolution No. 90R-225 duly passed and adopted.
179 PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3275 AND MITIGATED NEGATIVE DECLARATION;
OWNER: The Heritage, A California G.P.
1940 North Tustin Avenue, #100
Orange, California 92665
AGENT: Craig Combs Associates Architects
1535 Monrovia Avenue
Newport Beach, California 92663
LOCATION/REQUEST: The property is located at 425 North Magnolia Avenue. It
is approximately 9.2 acres on the west side of Magnolia Avenue approximately
662 feet south of the centerltne of Crescent Avenue.
The request is to permit a 334-unit deck-type housing apartment complex with
waiver of minimum distance between two parallel walls.
ACTION TAKEN BY THE PLANNING COMMISSION:
DENIED (PGg0-110) (7 yes votes).
Waiver of code requirement DENIED.
Denied Mitigated Negative Declaration.
Conditional Use Permit No. 3275
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30
HEARING SET ON:
The decision of the Planning Commission was appealed by Palmiert, Tyler,
Wiener, Wilhelm and Waldron on behalf of the owner (The Heritage) and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication tn Anaheim Bulletin June 14, 1990.
Mailing to property owners within 300 feet - June 12, 1990.
Posting of property June 15, 1990.
PLANNING STAFF INPUT: See staff report to the Planning Commission dated May
7, 1990.
City Clerk Sohl announced that letter dated June 26, 1990 was
received in her office today wherein the applicant requests
continuation of the public hearing for 30 days in order to allow
the applicant to revise the proposed project to reduce its
density and further requests Council to direct staff to remove
the proposed General Plan and Reclassification as it pertains to
the project (GPA 299-1 and -2, Reclassification No. 89-90-51)
scheduled for the Council agenda on July 10, 1990 until after
Council's action on Conditional Use Permit No. 3275. If the
Council does so, those items will need to be continued to the
same time as this item so that they will be held concurrently.
Mayor Hunter. He first asked if there was anyone present who
would be opposed to the request for continuance; there were a
number of people in the Chamber audience indicating they would
be opposed.
Councilman Daly noted that the letter stated that the applicant
was looking to lower the density of the project.
Annika Santalahti, Zoning Administrator. If there is a
continuance, and she was going to request one if the letter had
not been received, it should be held at the same time as General
Plan Amendment No. 299-1 and -2. It is part of the housing
study that Planning has been presenting to the Council and this
piece of property was scheduled for a Planning Commission
hearing for a lowering in the General Plan density and a
reclassification to drop the density. The Commission approved
the GPA and rezontng to RM-3000 and denied this proposal which
is RM-1200. In the time since the Planning Commission held
their hearing, there has been an amendment to the zoning code
which affects the project requiring a 20 foot landscaped setback
along the west property line. Even if the Council were prepared
to act today, she does not see how they could act favorably on
the proposal as it is posted on the Chamber wall tonight because
there is approximately a 5 foot landscape strip in that location.
671
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City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
Mayor Hunter. This was opposed by the Planning Commission 7-0.
The General Plan Amendment comes before the Council in two
weeks. If the subject hearing is continued to that date, the
whole matter could be heard together.
City Clerk Sohl noted that the applicant's request is to
continue everything for four weeks or approximately July 24,
1990.
Mayor Hunter stated that the proposed General Plan Amendment is
to downzone the area and if that is approved, the proposed
project is probably moot.
Ruth Good, 1359 Sheryl Street. The residents are for that.
Relative to the request for continuance, one of their best
spokesmen will not be available in four weeks. She suggested a
two month continuance; Councilman Daly suggested a continuance
to August 14, 1990 which is six weeks.
Pat Doris. She feels two months or even six weeks is too long a
continuance. The original plan the owners requested is
reasonable. As tenants living in the project, they would like
to have some kind of resolution. It is not fair to keep them
waiting.
MOTION; Councilman Hunter moved to continue the subject public hearing to
Tuesday, August 14, 1990. Councilman Daly seconded the motion. Councilman
Pickler was absent. MOTION CARRIED.
179. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, VARIANGE NO, 4049,
CATEGORICALLY EXEMPT. CLASS 11:
OWNER: Narottamabhai Patel et al
1536 North Western Avenue
Hollywood, California 90027
AGENT: Quiel Brothers Signs
272 South I Street
San Bernardino, California 92410
LOCATION/REQUEST: The property is located at 1914 South Anaheim Boulevard.
It is approximately 1.6 acres located on the northeast side of Anaheim
Boulevard and approximately 450 feet northwest of the centerline of Paclfico
Avenue.
The request is for waivers of maximum number of freestanding signs, permitted
location of freestanding signs and maximum sign area within parking area to
construct two freestanding signs.
ACTION TAKEN BY THE PLANNING COMMISSION; Variance No. 4049 GRANTED (PC90-111)
applicant to stipulate to an 8' x 20' freestanding sign with no changeable
copy, and allow a small monument sign with changeable copy (5 yes votes, 2 no
votes).
672
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City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990. 5:30 P.M.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Daly and Councilwoman Kaywood at the meeting of May 22, 1990 and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 14, 1990.
Posting of Property June 15, 1990.
Mailing to property owners within 300 feet - June 12, 1990.
PLANNING STAFF INPUT: See staff report to the Planning Commission dated May
7, 1990.
Councilman Daly. The reason he asked for a hearing is that the
City has embarked on a major effort to control signs and improve
the beautification of the whole Stadium-Convention
Center-Disneyland area. The subject request involves waivers
which are not necessary. The decision was a split vote at the
Planning Commission. His specific concerns were with the
waivers that are necessary to put up extra signs. Right now the
City allows one freestanding sign and he feels that is
legitimate. Other businesses along the freeway are doing fine
with one sign.
George Kimball, Wheel Brothers Sign Company, San Bernardino. He
has been working with Ray Patel, the owner of the facility since
its inception. They have been doing sign work in a very
professional manner for 28 years. The purpose is to communicate
to the public in some kind of reasonable way with an adequate
sign and one that is in good taste. They have met those
requirements. People have to get onto Anaheim Boulevard.
Going south is Haster Street and a hard turn is necessary to get
to the motel. If there is no visible signage from the main
street, it is impossible to know that the motel is there. It is
important that the public know that a motel is located on that
street. Relative to sign size, they agreed to adjust that at
the last meeting to 8' x 20' and that there be no marquee or
chan§eable copy on that si§n. The Planning Commission stated
they could have a small double-faced sign on the street as a
locator sign with a small marquee, a small monument sign
4' by 6', and they felt that was reasonable. The motel is ready
to open in three weeks with no signage. The request is a
reasonable one. Because there are two different sides to the
structure and they are treating two different audiences, they
are being reasonable in their request.
Ray Patel, 1914 South Anaheim Boulevard. The reason they are
asking for the two signs, it is the newest project on the
street. They sit so far back that with the one freestanding
sign, people would have to look all the way up. All they are
asking for is a little monument sign.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26. 1990, 5;30 P,M,
There being no further persons who wished to speak, 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 3.01 Class 11, of the City of Anaheim guidelines to the requirements
for an Environmental Impact Report and is, therefore, categorically exempt
from the requirement to file an Environmental Impact Report. 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-226)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilman Pickler was absent.
CARRIED.
MOTION
Councilman Hunter offered a resolution for adoption, granting Variance
No. 4049 subject to the same stipulations as before the City Planning
Commission.
Before a vote was taken, Councilman Daly stated he is going to
vote against the request. The first sign is too tall and the
second sign is unnecessary. He appreciates the developer
building a new project and he is cleaning up the site but he is
adding more clutter to a far too cluttered corner.
A vote was then taken on the foregoing resolution and failed to carry by the
following vote:
ROLL CALL VOTE:
AYES: COUNCIL MEMBERS: Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly and Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
City Attorney White. Because of the tie vote, the matter will
have to be heard at the next regular meeting of the City Council
for full Council action. The public testimony portion of the
hearing has been closed and, therefore, no further testimony
will be heard unless the Council so desires. The continued
hearing will be for a Council decision on the matter.
179/185, PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORTS FOR DOWNTOWN PROJECT
ALPHA REDEVELOPMENT PLAN (SUBSEQUENT), ENVIRONMENTAL IMPACT REPORT NO, 189,
SUBSEQUENT EIR FOR PARCELS 8 AND 9, (AND SUPPLEMENTAL EIR FOR PARCEL 10),
RECLASSIFICATION NO, 89-90-59, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
PERMIT NO, 3286, DEVELOPMENT AGREEMENT NO. 90-01;
674
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M.
OWNER:
Anaheim Redevelopment Agency
200 South Anaheim Boulevard
Anaheim, California 92805
LOCATION: (Koll Anaheim Center) Subject property is approximately 20 acres
on the east side of Harbor Boulevard, 132 feet on the south side of Lincoln
Avenue, 413 feet on the west side of Anaheim Boulevard, and 788 feet on the
north side of Broadway (Downtown Redevelopment Project Alpha).
RECLASSIFICATION of properties from CG (Commercial General), PD-C (Parking
District-Commercial), and CO (Commercial Office) to CL (Commercial Limited) or
a less intense zone. Petitioner request approval of a CONDITIONAL USE PERMIT
to establish a 14-lot commercial subdivision and to permit and govern the
construction of a commercial office and retail center, including three (3)
restaurants with on-sale alcoholic beverages; a 200-room hotel; and a
2500 seat theatre with building heights in excess of seventy-five (75) feet
with waiver of required lot frontage.
DEVELOPMENT AGREEMENT 90-01: Request for a recommendation to the City Council
for approval of Development Agreement No. 90-01 between Anaheim Center
Associates, the Anaheim Redevelopment Agency, and the City of Anaheim to
further provide for the implementation of the project.
ACTION TAKEN BY THE PLANNING COMMISSION; Reclassification No. 89-90-59
GRANTED (PC90-133) (4 yes votes, 2 absent, 1 abstained).
Waiver of code requirement GRANTED.
Conditional Use Permit No. 3286 GRANTED (PC90-134).
Recommended approval of Development Agreement (PC90-135).
Environmental Impact Reports previously certified are adequate for this
project.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 14, 1990.
Mailing to property owners within 300 feet
Posting of property June 15, 1990.
June 12, 1990.
PLANNING STAFF INPUT: See staff report to the Planning Commission dated
June 4, 1990.
Executive Director of Community Development, Lisa Sttpkovich.
The proposed Development Agreement between the City of Anaheim
and the Anaheim Redevelopment Agency will give the Agency the
entitlements which will then be passed on to the developer. She
is prepared to answer any questions.
Mayor Hunter opened the public hearing.
PUBLIC DISCUSSION IN FAVOR: None
PUBLIC DISCUSSION IN OPPOSITION: None
COUNCIL ACTION: Mayor Hunter closed the public hearing.
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City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990, 5;30 P,M.
Councilman Daly. He understands the post office site is going
to be part of the package.
Lisa Stipkovich. It is a part of the Development Agreement but
the City does not legally own the site. They are still
negotiating with the post office to relocate them. The last
effort to find a site was to incorporate them into the Koll
project in the parking structure for the City Utilities
Building. They were told that due to the nature of the design
of the retail space in the parking structure, that will not suit
their needs. Staff is currently considering a temporary move
into another building in the project area currently vacant and
to continue working with them on a permanent site. They might
be able to accommodate the post office in Phase II. As of
today, they do not have a firm commitment for the post office to
move.
Mayor Hunter opened the Public Hearing.
PUBLIC DISCUSSION IN FAVOR: None
PUBLIC DISCUSSION IN OPPOSITION: None
COUNCIL ACTION: Mayor Hunter closed the public hearing.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-227 and 90R-228)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION
CARRIED.
Councilwoman Kaywood offered Resolution No. 90R-227 for adoption approving
Reclassification No. 89-90-59 and Resolution No. 90R-228 for adoption granting
Conditional Use Permit No. 3286. Refer to Resolution Book.
RESOLUTION NO, 9OR-227: 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 ANAHEIMMUNIGIFAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
RESOLUTION NO, 90R-228; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3286.
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-227 and 90R-228 duly passed and adopted.
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City Hall. Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
Councilwoman Kaywood offered Ordinance No. 5146 for first reading relative to
Development Agreement No. 90-01.
ORDINANCE NO, 5146 INTRODUCTION; AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 90-01 BY AND BETWEEN
THE CITY OF ANAHEIM AND THE ANAHEIM CENTER ASSOCIATES, (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.
A48, 142/127, PROPOSED CHARTER AMENDMENTS; Submitted for Council review and
approval were the following fourth and final group of Charter Amendments as
submitted by the Charter Review Committee - Proposed Ballot Wording Section
1401 (substantive amendment) and Section 1211 (alternate ballot wording).
Also submitted was joint report dated June 21, 1990 from the City
Attorney/City Clerk recommending approval or revision of the wording for the
proposed Charter amendments and ballot language for these sections. Included
with the report was the resubmitted ballot language for Section 1211,
alternates 1 and 2 for review and possible substitution.
MOTION; Councilman Daly moved to approve the proposed Charter amendment and
ballot language for Section 1401 as submitted by the Charter Review Committee
for placement on the November 6, 1990 ballot. Councilman Ehrle seconded the
motion. Councilman Pickler was absent. MOTION CARRIED.
MOTION: Councilman Daly moved to approve the proposed Charter amendment and
ballot language for Section 1211 substituting language alternate 1 as
submitted by the City Attorney for placement on the November 6, 1990 ballot.
Councilwoman Kaywood seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
A49. 105; BOARDS AND COMMISSIONS APPOINTMENTS/REAPPOINTMENTS TO TERMS
EXPIRING JUNE 30, 1990;
MOTION; Councilman Daly moved to continue appointments/reappointments to the
City's Boards and Commissions to July 10, 1990 for full Council action.
(Community Redevelopment Commission, Community Services Board, Housing
Go~mission, Library Board, Parks and Recreation Commission, Planning
Gom~ission, Public Utilities Board and Senior Citizen Commission). Councilman
Hunter seconded the motion. Councilman Pickler was absent. MOTION GARRIED.
Councilwoman Kaywood. She asked that all those presently serving on those
Boards and Commissions to continue serving during the interim.
179; ITEMS BI - B14 FROM THE PLANNING COMMISSION MEETING OF JUNE 4, 1990; -
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 26, 1990;
BI, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3270 AND NEGATIVE
DECLARATION:
677
205
City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P,M.
OWNER: DAVID D'URSO, 4808 Sunrise Beach Road, Olympia, CA 98502
AGENT: PEGGY A LEFEBVRE, 3569 Enterprise Drive, Anaheim, CA 92807
LOCATION: 1547 East La Palma Avenue. Property is approximately 0.18
acre on the north side of La Palma Avenue approximately 650 feet east
of the centerline of Acacia Street.
To permit commercial use of a residential structure in the
RS-A-43,000 zone with waivers of (a) vehicle parking limitation -
GRANTED, (b) maximum structural height - GRANTED), (c) minimum rear
yard setback - GRANTED, and (d) required landscaping (GRANTED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3270 GRANTED (PC90-129) with waivers of:
(a) vehicle parking limitation - GRANTED,
(b) maximum structural height - GRANTED,
(c) minimum rear yard setback - GRANTED, and
(d) required landscaping (GRANTED). (5 yes votes, 2 absent.)
Approved Negative Declaration.
B2. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3282,
CATEGORICALLY EXEMPT, CLASS 14:
OWNER: FIRST CHURCH OF THE NAZARENE ANAHEIM, 1340 North Candlewood
Street, Anaheim, CA 92805
LOCATION 1340 North Candlewood (First Church of the Nazarene).
Property is approximately 3.68 acres located at the northerly
terminus of Norwood Street and Candlewood Street approximately 390
feet north of the centerline of Kenwood Avenue.
To permit expansion of an existing church and educational facility
with waivers of (a) minimum structural setback - DENIED,~ (b) maximum
lot coverage DELETED, (c) minimum number of parking spaces -
DENIED, and (d) maximum height of fence and hedge in front setback
(DELETED).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3282 DENIED (PC90-130) with waivers of:
(a) minimum structural setback - DENIED,
(b) maximum lot coverage - DELETED,
(c) minimum number of parking spaces DENIED, and
(d) maximum height of fence and hedge in front setback (DELETED).
(5 yes votes, 2 absent.)
Categorical Exemption status denied - Found project would not fit the
definition of Categorical Exemption, Class 14 and would not be
exempted from the requirement to prepare an EIR.
B3, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3274 AND NEGATIVE
DECLARATION:
OWNER: ANAHEIM MEMORIAL HOSPITAL ASSOCIATION, A CALIFORNIA NONPROFIT
CORPORATION, 1111 West La Palma Ave., Anaheim, CA 92801.
AGENT: ROCHLIN, BARAN AND BALBONA, INC., 10980 Wilshire Blvd., Los
Angeles, CA 90024.
LOCATION: 8175 East Santa Aha Canyon Road. Property is
678
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
approximately 6.02 acres on the north side of Santa Aha Canyon Road
and approximately 930 feet west of the centerline of Weir Canyon Road.
To permit heights in excess of 35-feet for a 3-story medical facility
with waivers of (a) minimum landscaped setback adjacent to freeway -
GRANTED for 35 ft. setback, 30 feet requested, and with additional
landscaping provided in plaza area and (b) minimum number of parking
spaces GRANTED.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3274 GRANTED, IN PART (PC90-131) subject to coffee break
plaza area being landscaped more heavily with staff approval of the
plan and the setback being 35 feet rather than 30 as proposed.
Waivers:
(a) minimum landscaped setback adjacent to freeway - GRANTED for 35
ft. setback, 30 feet requested and with additional landscaping
provided in plaza area, and
(b) minimum number of parking spaces - GRANTED.
(3 yes votes, 2 absent, and 2 abstained.)
Approved Negative Declaration.
B4, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3277 AND NEGATIVE
DECLARATION:
OWNER: ARCIERO OFFICES, A CALIFORNIA PARTNERSHIP, 950 N. Tusttn
Ave., Anaheim, CA 92807
LOCATION: 970 North Tustin Avenue. Property is approximately 2.8
acres on the east side of Tustin Avenue approximately 498 feet and
further described as 970 North Tustin Avenue.
To permit industrially related office uses in an existing industrial
building with waivers of (a) minimum distance between freestanding
signs - GRANTED, (b) maximum number of freestanding signs - GRANTED,
(c) signs in parking/landscape area - GRANTED, and (d) permitted type
of sign - GRANTED, IN PART.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3277 GRANTED, IN PART, (PC90-132) (5 yes votes, 2 absent).
Waivers of:
(a) minimum distance between freestanding signs - GRANTED, (b)
maximum number of freestanding signs - GRANTED, (c) signs in
parkin~/landscape area CRANTED, and
(d) permitted type of sign - GRANTED, IN PART, with restriction for
marquee sign to only display time and temperature, and no changeable
copy.
Approved Negative Declaration.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
B5. ENVIRONMENTAL IMPACT REPORTS FOR DOWNTOWN PROJECT
ALPHA REDEVELOPMENT PLAN (SUBSEQUENT), EIR NO, 189, SUBSEQUENT EIR FOR PARCELS
8 AND 9, (AND SUPPLEMENTAL EIR FOR PARCEL 10), RECLASSIFICATION NO, 89-90-59,
679
207
City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3286. DEVELOPMENT
AGREEMENT NO, 90-01:
OWNER: ANAHEIM REDEVELOPMENT AGENCY, 200 South Anaheim Boulevard,
Anaheim, CA 92805
LOCATION: (Koll Anaheim Center) Subject property is approximately 20
acres on the east side of Harbor Blvd., 132 feet on the south side of
Lincoln Avenue, 413 feet on the west side of Anaheim Blvd., and 788
feet on the north side of Broadway (Downtown Redevelopment Project
Alpha).
Reclassification of properties from CG (Commercial General), PD-C
(Parking District-Commercial), and CO (Commercial Office) to CL
(Commercial Limited) or a less intense zone. Petitioner requests
approval of a Conditional Use Permit to establish a 14-lot commercial
subdivision and to permit and govern the construction of a commercial
office and retail center, including three (3) restaurants with
on-sale alcoholic beverages; a 200-room hotel; and a 2500 seat
theatre with building heights in excess of seventy-five (75) feet
with waiver of required lot frontage.
DEVELOPMENT AGREEMENT NO.90-01: Request for a recommendation to the
City Council for approval of Development Agreement No. 90-01 between
Anaheim Center Associates, the Anaheim Redevelopment Agency and the
City of Anaheim to further provide for the implementation of the
project.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 89-90-59 GRANTED (PC90-133) (4 yes votes,
2 absent, 1 abstained).
Waiver of code requirement GRANTED.
CUP No. 3286 GRANTED (PC90-134).
Recommended approval of Development Agreement (PC90-135).
EIR's previously certified are adequate for this project.
Set for public hearing, see item D6 (page 30) on today's agenda.
B6,
VARIANCE NO. 4052. TENTATIVE TRACT NO, 14270 AND NEGATIVE DECLARATION:
OWNER: HARE T. KISHIYAMA, 3174 West Rome Ave., Anaheim, CA 92803
AGENT: ALMARON CORP., ATTN: George Hansen, 8055 Florence Ave.,
Downey, CA 90240
LOCATION: 828 South Western Avenue. Property is approximately 1.05
acres located at the northeast corner of Western Avenue and Terantmar
Drive.
Waiver of minimum lot width to establish a 5-lot RS-7200 residential
subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4052 GRANTED (PC90-136) (4 yes votes, 3 absent).
Tentative Tract Map No. 14270 APPROVED. No action was taken by City
Council at the meeting of June 12, 1990. (Appeal period on Tentative
680
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26. 1990. 5:30 P.M.
Tract Map No. 14270 expired June 14, 1990.)
Approved Negative Declaration.
B7.
VARIANCE NO, 4053 AND NEGATIVE DECLARATION:
OWNERS: DON V. EDMONDS, P.O. Box 42, Pistal River, Oregon 97444
AGENT: DENNIS HARDIN, HARDIN HONDA, 1300 South Anaheim Blvd.,
Anaheim, CA 92805
LOCATION: 1381 Auto Center Drive. Property is approximately 2.34
acres on the north side of Auto Center Drive approximately 1400 feet
southwest of the centerline of Ball Road.
Waiver of permitted business signs, maximum sign height, and maximum
sign area for signs in parking landscape areas to construct one
2-sided, 70 foot high 780-square foot per side electronic reader
board freestanding sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4053 GRANTED (PC90-137). (5 yes votes, 2 absent.)
Approved Negative Declaration.
BB. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO 3285 AND NEGATIVE
DECLARATION:
OWNER: MARY L. COLLIER AND CARLA P. PEMBERTON, 1650 Cornelian,
Anaheim, CA 92802
AGENT: ROBERT AND PHILLIP CASE, 1249-A East Imperial Hwy.,
Placentta, CA 92670
LOCATION: 707 South Webster Avenue. Property is approximately 0.54
acre on the west side of Webster Avenue approximately 960 feet south
of the centerline of Orange Avenue.
To permit the construction of a 3-story, 19-unit deck-type housing
apartment complex with waivers of: (a) maximum structural height -
DELETED, (b) minimum distance between buildings - GRANTED, (c)
minimum landscape setback adjacent to a single-family zone
GRANTED), and (d) minimum recreational-leisure area - DELETED.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3285 GRANTED, IN PART, (PC90-138) (waivers b and c Granted
with 130 sq. ft., waivers a and d deleted) (4 yes votes, 2 absent and
1 abstained)
(a) maximum structural height DELETED,
(b) minimum distance between buildings - GRANTED,
(c) minimum landscape setback adjacent to a single-family zone -
GRANTED, and
(d) minimum recreational-leisure area DELETED.
Approved Negative Declaration.
B9¸
CONDITIONAL USE PERMIT NO, 3287 AND NEGATIVE DECLARATION'
OWNER: PLOTKIN, ROSEN DEVELOPMENT, 19773 MacArthur Blvd., #201,
Irvine, CA 92715
AGENT: GRIMMWAY DEVELOPMENT, ATTN: JUNE HALLEY, 2411 E. Pacific
Coast Hwy., #300, Corona Del Mar, CA 92625
LOCATION: 810 North Euclid Street. Property is approximately 0.46
681
209
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
acre on the east side of Euclid Street and approximately 240 feet
south of the centerltne of Catalpa Drive.
To permit a 2,600 foot drive through restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3287 GRANTED (PC90-139) with stipulation that north driveway
would be limited to right turns in and right turns out and plans to
be approved by City Traffic Engineer; drive through window acceptable
to Traffic Engineer (5 yes votes, 2 absent).
Approved Negative Declaration.
Bi0. RECLASSIFICATION NO. 89-90-60. WAIVER OF CODE REQUIREMENT, CONDITIONAL
USE PERMIT NO, 3288 AND NEGATIVE DECLARATION:
OWNER: PLOTKIN, ROSEN DEVELOPMENT, 19772 MacArthur Blvd., #201,
Irvtne, CA 92715
AGENT: GRIMMWAY DEVELOPMENT, ATTN: JUNE HALLEY, 2411 East Pacific
Coast Hwy., #300, Corona Del Mar, CA 92625
LOCATION: 820 North Euclid Street. Property is approximately 1.83
acres located on the east side of Euclid Street approximately 390
feet south of the centerline of Catalpa Drive.
For a change in zone from CL to RM-1200, and to permit a 4-story
66-unit deck type housing apartment complex with waivers of: (a)
required elevators GRANTED, (b) required boundary screening -
GRANTED, and (c) minimum building site width - GRANTED.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 89-90-60 GRANTED (PC90-140).
CUP No. 3288 GRANTED (PC90-141) waiver of
(a) required elevators - GRANTED,
(b) required boundary screening - GRANTED, and
(c) minimum building site width - GRANTED. (5 yes votes, 2 absent.)
Approved Negative Declaration.
Councilwoman Kaywood posed questions to staff for purposes of clarification
expressing her concern that she feels the proposal is overbuilding the
property.
No further action was taken by the Council.
Bll. RECLASSIFICATION NO 89-90-57 AND NEGATIVE DECLARATION-
INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA
92803
LOCATION: 3238-3302 West Ball Road. Property is approximately 3.88
acres consisting of those 2 parcels located on the south side of Ball
Road, approximately 495 feet west of the centerline of Western Ave.
A City-initiated reclassification of subject properties from the
RS-A-43,000 (Residential, Agricultural) Zone to the RM-3000
(Residential, Multiple-Family) or a less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 89-90-57 GRANTED (PC90-142).
682
210
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P.M.
(5 yes votes, 2 absent.)
Approved Negative Declaration.
Annika Santalahtt, Zoning Administrator. She asked that the Council set the
matter for a public hearing and that it be heard at the same time as the
Council hears General Plan Amendment No. 304 at a public hearing. She noted
that GPA No. 304 was scheduled to be heard before the Council on July 10,
1990; therefore, at that time, that public hearing will have to be continued
until the time of the public hearing on the reclassification.
MOTION; Councilman Hunter moved that Reclassification No. 89-90-57 and
Negative Declaration be set for a public hearing and at the Council meeting of
July 10, 1990 when the public hearing is held on General Plan Amendment No.
304. It will be the Council's intention at that time to continue that public
hearing until the time of the public hearing on Reclassification No. 89-90-57
so that they may be heard concurrently. Councilman Ehrle seconded the
motion. Councilman Pickler was absent. MOTION CARRIED.
B12. GENERAL PLAN AMENDMENT NO, 308-1 AND 2, RECLASSIFICATION NO. 89-90-58 AND
NEGATIVE DECLARATION:
INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA
92805
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.
A City-initiated amendment to the Land Use Element of the General
Plan redesignating subject areas from the Medium Density Residential
designation to the Low-Medium Density Residential designation (Area
1) and from the Low Density Residential designation to the Low-Medium
Density Residential designation (Area 2).
LOCATION: Area 1, approximately 7 acres consisting of those parcels
located on the east and west sides of Ix)ara Street beginning at the
southern city limits and extending north approximately 660 feet, also
including those parcels located on the north and south sides of
Wilmot Lane. Exceptin§ that parcel located on the northwest corner
of Wilmot Lane and Loara Street.
LOCATION: Area 2, approximately 4.6 acres consisting of that parcel
located on the east side of Euclid Street, having a frontage of
approximately 330 feet on the east side of Euclid Street, having a
maximu~ depth of approximately 608 feet and being located
approximately 190 feet south of the centerline of Cindy Lane.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA No. 308-1 APPROVED, EXCEPT LOTS FACING Della, Exhibit A amended,
and GPA No. 308-2 APPROVED, Exhibit A, (PC90-143)
Reclassification No. 89-90-58 GRANTED to RM-3000 (PC90-144)
683
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P.M,
(5 yes votes, 2 absent).
Approved Negative Declaration.
Set for a public hearing before the City Council on July 17, 1990,
necessitated by General Plan Amendment No. 308-1 and 2.
B13, GENERAL PLAN AMENDMENT NO, 309 AND NEGATIVE DECLARATION:
INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA
92805
LOCATION: 222 North East Street. Property is approximately 8.2
acres located on the southeast corner of Cypress Street and East
Street.
A City-initiated amendment to the Land Use Element of the General
Plan redesignating subject area from the General Commercial and
Medium Density Residential designations to the Low-Medium Density
Residential designation.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA No. 309 GRANTED (PC90-145) Exhibit A, (4 yes votes, 3 absent).
Approved Negative Declaration.
Set for a public hearing before the City Council on July 17, 1990,
necessitated by General Plan Amendment No. 309.
REPORTS AND RECOMMENDATIONS:
B14, PROPOSED CODE AMENDMENT PERTAINING TO GOVERNMENTAL OFFICES IN THE
INDUSTRIAL ML ZONE:
Evan L. James (Dominion Property Company).
ACTION TAKEN BY THE PLANNING COMMISSION;
DENIED proposed code amendment pertaining to governmental offices in
the industrial ML zone.
179: ITEMS B15 - B16 FROM THE PLANNING COMMISSION MEETING OF JUNE 18. 1990 -
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 28, 1990
B15, VESTING TENTATIVE MAPS OF TRACT NOS, 12685, 12686, 12687, 12688, AND
REVISION NO, 1 OF TENTATIVE TRACT NOS, 12689 and 12690 - REQUEST FOR AN
EXTENSION OF TIME
Applicant (Presley of Southern California) has submitted a request
for a one-year extension of time for Vesting Tentative Tract Nos.
12685, 12686. 12687 and 12688 and Tentative Tract Nos. 12689 and
12690 to comply with conditions of approval. The six (6) tracts
totaling approximately 318.12 acres (including Deer Canyon Open Space
Acreage) are generally bounded on the north by the East Hills Planned
Community, on the east by Sycamore Canyon and by the Highlands at
Anaheim Hills Development Areas 6, 7, 9 and 10 on the south and west
by the Mohler Drive Area and Anaheim Hills Planned Community and
684
212
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
further described as Highlands at Anaheim Hills Specific Plan
(SP 87-1) Development Areas 1, 2, 4 and 5 and adjacent Deer Canyon
open space acreage.
ACTION TAKEN BY THE PLANNING COMMISSION:
Vesting Tentative Maps of Tract Nos. 12685, 12686, 12687, 12688, and
Revision No. 1 of Tentative Tract Nos. 12689 and 12690 request for
an extension of time APPROVED (6 yes votes, 1 absent).
B16.
TENTATIVE TRACT MAP NO. 12689 AND 12690:
Presley of Southern California requests approval of final site plans
for Tentative Tract Map Nos. 12689 and 12690
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED final site plans for Tentative Tract Map Nos. 12689 and
12690 (6 yes votes, 1 absent).
End Planning Commission Items from June 4 and June 18, 1990.
179; ITEMS B17
DECISION DATE;
1990:
B21 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 14, 1990 -
JUNE 21, 1990 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 6,
B17, CONDITIONAL USE PERMIT NO, 3276 AND NEGATIVE DECLARATION:
OWNER: HWA JA RAH, 2207 W. Woodley Avenue, Anaheim, CA 92801.
LOCATION: 2207 and 2211 West Woodley Avenue. Property is
approximately .45 acre located at the northwest corner of Brookhurst
Street and Woodley Avenue.
To permit a child care facility for 30 children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP No. 3276 GRANTED (ZA90-31) for one year with added conditions.
Approved Negative Declaration.
Councilwoman Kaywood expressed concerns relative to parking and traffic
circulation when children are picked up and dropped off which concerns were
referenced in a letter and photograph from one of the residents.
Annika Santalahtt, Zoning Administrator then answered questions posed by
Councilwoman Kaywood. She explained that the Traffic Engineer and the
neighbors who were concerned were willing to give it a try for the one-year
period along with conditions of approval which require signage in the front
area to direct traffic. The letter was more to set a record that if something
goes wrong it would be on the record.
No further action was taken by the Council.
B18. VARIANCE NO, 4057, CATEGORICALLY EXEMPT, CLASS 1:
OWNER: JUDITH CAMPANILE, 842 North Helena Street, Anaheim, CA 92805.
LOCATION: 842 North Helena Street. Property is approximately
685
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City Hall, Anaheim, California COUNCIL MINUTES June 26, 1990, 5:30 P.M.
12 acre on the east side of Helena Street approximately 215 feet
south of the centerline of La Verne St.
Waiver of maximum lot coverage to construct a 2-car garage for an
existing single-family residence.
ACTION T~d~EN BY THE ZONING ADMINISTRATOR:
Variance No. 4057 GRANTED (ZA90-32) with added conditions.
B19, CONDITIONAL USE PERMIT NO, 3164 - REOUEST FOR AN EXTENSION OF TIME TO
COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: THOMAS STEINFELD
LOCATION: 1421 West Ball Road
Petitioner requests an extension of time on Conditional Use Permit
No. 3164 to comply with conditions of approval.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Extension of time on CUP No. 3164 APPROVED to 6/20/91.
B20, ADMINISTRATIVE USE PERMIT NO. 90-2: LOCATION: 1208 North Moraga Street.
To permit a large family day care for up to twelve children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use Permit No. 90-2 APPROVED (ZA90-33).
B21, ADMINISTRATIVE ADJUSTMENT NO, 0051, CATEGORICALLY EXEMPT, CLASS 5:
LOCATION: 3625 West Savanna Street
Waiver of minimum building site width to establish a substandard
parcel for a previously approved 12-unit apartment complex.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0051 APPROVED (ZA90-34).
End of the Zoning Administrator Items. MOTIONS CARRIED.
B22. 179; ORDINANCE NO. 5144 - ADOPTION; Amending Title 18 to rezone
property under Reclassification No. 88-89-20, located at 1949 Ninth ~treet,
from the RS-A-43,000 zone to the RS-7200 zone.
WAIVER OF READING - ORDINANCE; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5144)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION
CARRIED.
Councilman Hunter offered Ordinance No. 5144 for adoption. Refer to
Ordinance Book.
686
214
City Hall, Anaheim, California - COUNCIL MINUTES
June 26, 1990, 5;30 P,M,
ORDINANCE NO. 5144: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN 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 and Hunter
None
Pickler
The Mayor declared Ordinance No. 5144 duly passed and adopted.
B23 and B24, 179; ORDINANCE NOS, 5147 AND 5148 - INTRODUCTION: (1) Amending
Title 18 to rezone property under Reclassification No. 88-89-40, located at
200 West Midway Drive (Midway Trailer Park) from the RS-7200 zone to the
RS-A-43,000 (MHP) zone and; (2) Amending Title 18 to rezone property under
Reclassification No. 88-89-19, located at the southwest and southeast portion
of Pointe Premier (a private street) south of Avenue De Santiago from the
RS-A-43,000 (SC) zone to the RS-HS-22,000 (SC) zone.
Councilman Hunter offered Ordinance Nos. 5147 and 5148 for first reading.
ORDINANCE NO, 5147: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
ORDINANCE NO, 5148; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
B25, 179; CONDITIONAL USE PERMIT NO, 1080 - REQUEST FOR TERMINATION;
Requested by Ramesh M. Patel, 8218 Orange St., Downey, CA 90242.
LOCATION: The property is located at 328 North Stanton Avenue.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-229)
Councilman Daly moved to waive the reading in full of the resolution.
Gouncilman Hunter seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
Councilman Daly offered Resolution No. 90R-228 for adoption, terminating
Conditional Use Permit No. 1080 as Granted by Resolution No. 69R-42, as
recommended in memorandum dated May 30, 1990 from the Zoning Administrator.
Refer to Resolution Book.
RESOLUTION NO, 90R-229; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING CONDITIONAL USE PERMIT NO. 1080 AS GRANTED BY RESOLUTION
NO. 69R-42.
Roll Call Vote:
687
City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-228 duly passed and adopted.
C1, 108, HEARING - REQUEST FOR ABATEMENT OF PENALTY AND INTEREST - PAN
PACIFIC HOTEL; To consider the request of Pan Pacific Hotel for abatement of
the penalty and interest assessment in the amount of $8,926.36 in connection
with payment of the Transient Occupancy Tax.
Submitted was report dated June 18, 1990 from Mary Turner, City Treasurer
recommending that the Council deny the request of Pan Pacific Hotel for
abatement of the penalty and interest assessment in the amount of $8,926.36.
A representative from Pan Pacific Hotel stated that the report was done on
time. Their check in the amount of $88,819.00 was cut and the envelope mailed
on the due date. As a practice, they take all official checks to the post
office. The new mail clerk did not take it to the post office but to the mail
box. They are now assuming that although it was placed in the mail box
April 30th, it was after the postman picked up the collection. It arrived at
the City with a postmark of May 1, 1990. They have never been late. They
file their taxes with the City, County, State and Federal before the due
dates. They respectfully request the Council to waive the interest and
penalties as their intent was to be on time.
Bill Sell, Treasury Manager. The March payment was due postmarked by
April 30th and they received it May 1, 1990. The ordinance is very specific
providing that they accept the U.S. Postmaster cancellation mark as the date
of payment. They do provide hotels and motels 30 days to get their payments
into the City before they are delinquent.
City Attorney White. The code provides that under no circumstances can the
interest portion that is due be waived. That portion amounts to $44.41. The
code does provide that all or part of the penalty portion can be waived upon a
four fifths vote of the total Council Membership upon a finding that the
imposition of the penalty will result in a substantial injustice to the
operator. If Council makes that finding, it would require a unanimous vote of
the four members present by which the Council could waive part or all of the
penalty portion which is $8,926.36 less $44.41.
MOTION; Councilman Daly moved to waive the penalty portion of the Transient
Occupancy Tax in the amount of $8,881.95. Councilman Hunter seconded the
motion. Council Members Ehrle and Kaywood voted no. Councilman Pickler was
absent. The motion failed to carry.
City Attorney White. Since the motion failed to carry the matter is
automatically continued to the next regular Council meeting for full Council
action (July 10, 1990).
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City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M,
C2, 169; ITEMS OF PUBLIC INTEREST:
It was at this time in the Council meeting that Betty Johnson again addressed
the Council relative to extending the proposed median on State College
Boulevard past Redwood Avenue. (See item titled Al2 - State College Boulevard
Median Installation held earlier in the meeting and where action was taken by
the Council.)
ADJOURNMENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood
seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
(11:00 P.M.)
No Council meeting is scheduled for July 3, 1990 as determined by the Council
when setting a Master Calendar of 1990 Council meetings.
LEONORA N. SOHL, CITY CLERK
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