1990/09/11209
City Hallf Anaheimf California - COUNCIL MINUTES - September 11, 1990~ 5=30 P.M.
The City Council of the City of Anaheim met in regular session
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:30 p.m. on September 7, 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; Anaheim Stadium Associates vs. City of Anaheim, et al.,
Orange County Superior Court Case No. 44-81-74; In re Deutsch
Bankruptcy Court Case No. LA90-03841WL.
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 lease or sale
of land located at 1566 South Douglass Road, Anaheim California, to
Ogden 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 - September 11, 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.
(6:05 p.m.)
INVOCATION: Pastor Ralph Wilkerson, Melodyland Christian Center, gave the
invocation.
FLAG SALUTE: Councilman Tom Daly led the assembly in the Pledge of Allegiance
to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
"Constitution Week in Anaheim," September 17-23, 1990,
"Independent Living Month in Anaheim," October, 1990.
D.A.R. Mojave Chapter, Marilyn J. Skinner, accepted the Constitution Week
proclamation; Lance Crawford, Member of Dayle McIntosh Center Executive
Committee, accepted the Independent Living Month proclamation.
119: DECLARATION OF COMMENDATION: A Declaration of Commendation was
unanimously adopted by the City Council and presented to Cappy Brown, President
of the Anaheim Altrusa Club, commending Anaheim Altrusa Club on its
contributions to improving literacy during Literacy Month, September, 1990.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held July 24 and July 31, 1990. Councilman Pickler seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,118,721.523 for the week
ending August 31, 1990, and $ 3,908,579.15 for the week ending September 7,
1990, in accordance with the 1990-91, budgets were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution Nos.
90R-345 through 90R-349, both inclusive, for adoption; Ordinance Nos. 5170 and
5171 for introduction)
Councilman Pickler moved to waive reading in full of the Resolutions and
Ordinances. Councilman Ehrle seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALRNDAR: On motion by Councilman Pickler,
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. Councilman Pickler offered
Resolution Nos. 90R-345 through 90R-349, both inclusive, for adoption; and
Ordinance Nos. 5170 and 5171 for introduction. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
2
207
C~t¥ Hall. Anaheim, California - COUNCIL MINUTES - September 11. 1990, 5=30 P.M.
Claims rejected and referred to Risk Management:
a. Claim submitted by Yoder Developments for property damage
sustained purportedly due to actions of the City on or about May, 1990 through
July 20, 1990.
b. Claim submitted by Ryan James Garcia for property damage
sustained purportedly due to actions of the City on or about July 16, 1990.
c. Claim submitted by Don Victor Harbolt for property damage
sustained purportedly due to actions of the City on or about June 10, 1990.
d. Claim submitted by Morris M. Wink for property damage sustained
purportedly due to actions of the City on or about January 25, 1990 through
July 25, 1990.
A2. 105: Receiving and filing minutes of the Anaheim Public Library Board
meeting held July 25, 1990.
178/171: Receiving and filing a certified copy of Resolution No. 8278 adopted
by the Board of Directors - Metropolitan Water District of Southern California,
levying a tax for the fiscal year 1990-91 upon taxable property lying within
the City of Anaheim.
A3. 150: Awarding a contract to the lowest and best responsible bidder, Plaza
Landscape, Inc., in the amount of $18,453 for South Street Landscape.
A4. 150: Awarding a contract to the lowest and best responsible bidder J.D.C.
General Engineerlng, in the amount of $58,522 for Imperial Park Landscape
Improvements; and appropriating funds from parksites and playgrounds Fund No.
16.
AS. 169: Awarding a contract to the lowest and best responsible bidder,
Sully-Miller Contracting Company, in the amount of $549,060.35 for Coronado
Street Street, Storm Drain and Water Improvements.
A6. 169: Awarding a contract to the lowest and best responsible bidder,
Vernon Paving Company, in the amount of $102,715.95 for La Cresta Avenue Street
Improvements.
A7. 158: Authorizing the payment of $39,978 to Robert B. Ewing and Michael E.
Ewing, pursuant to agreement on file for additional modifications to their
building located at 851 North Anaheim Boulevard - North Anaheim Boulevard
Street Widening Project (R/W 3500-59, R/W 3500-60 and R/W 3500-61).
A8. 158: Approving a Right-of-Way/Right-of-Entry Agreement with, and
authorizing the acquisition payment of $28,435 to Herman R. Gallardo and
Dorothy Gallardo for 775 North Anaheim Boulevard - North Anaheim Boulevard
Street Widening Project (R/W3500-43); and authorizing the Mayor and City Clerk
to execute said agreement.
208
City Hall, Anaheim, California - COUNCIL MINUTES - September 11. 1990. 5:30 P.M.
Ag. 123: Approving the new hourly rate schedule to the existing agreement
with BSI Consultants, Inc., for the period of August 1, 1990 through March 31,
1991.
Al0. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Associated Concrete Products, in the amount of
$165,750 for 400 concrete barriers at the Anaheim Stadium (parking lots).
All. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Fixtures Furniture, in the amount of $162,562.50 for
3,000 stacking chairs at the Convention Center.
A12. 160/123: Accepting the low bid of, and approving an agreement with
Bonafide Security Services, in the amount of $216,835 to proVide security
personnel to enforce parking ordinances in posted street sweeping areas and in
City parking structures and lots, for a period of one year, commencing
October 1, 1990, with two one year options to renew, in accordance with Bid
$4871.
Al3. 175: RESOLUTION NO. 90R-345: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION, BY ERASURE OR OTHERWISE, OF
RECORDED TELEPHONE AND RADIO COMMUNICATIONS MAINTAINED BY A CITY DEPARTMENT
WHICH RECORDINGS ARE MORE THAN 100 DAYS OLD. (Magnasync Voice Recording Tapes
#413 through ~535 - Public Utilities.)
A14. 144/150/106: Accepting two grants from the Orange County Urban Parks
program for the Little People's Park Expansion project ($50,000) and the
Pearson Park Restroom/Recreation Control Building project ($125,000); and
appropriating $50,000 into expenditure account 16-846-7103 (Little People's
Park) $125,000 into expenditure account 16-820-7101 (Pearson Park) and $175,000
into revenue account 16-3168.
A15. 153: RESOLUTION NO. 90R-346: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-364 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. (To create
the position of Parking Manager, effective August 31, 1990).
Al6. 113/132: RESOLUTION NO. 90R-347: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AN~HEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Department of Maintenance parking citations).
Al7. 123/106: Approving the terms and conditions set forth in Amendment No. 1
to Historic Preservation Agreement No. 84-05-255 with the State of California
for disbursement of the remaining funds in the amount of $8,174 to help defray
the cost of rehabilitation of Carnegie Library; and amending the 1990/91
Resource Allocation Plan to increase Account No. 82-3155 by $8,174.
A18. 123: Waiving Council Policy No. 401 and approving an agreement with PB
Associates, Inc., at a cost not to exceed $19,000 for the design, bidding, and
construction administration services required for improvement to the Anaheim
Stadium Parking Lot Lighting System.
205
C~tv Hall. Anaheim. California - COUNCIL MINUTES - September 11. 1990. 5:30 P.M.
A19. 105/142/153: ORDINANCE NO. 5170 - INTRODUCTION: AN ORDINANCE OF THE CITY
OF ANAHEIM AMENDING SECTION 1.04.380 OF CHAPTER 1.04 OF TITLE i OF THE ANAHEIM
MUNICIPAL CODE RELATING TO OFFICERS AND DEPARTMENTS. (Increasing expense
allowance for Planning Commission members from $50 to $75 per meeting.)
A20. 158: RESOLUTION NO. 90R-348: 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.
A21. 150/142: ORDINANCE NO. 5171 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 13.12 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE
PERTAINING TO STREET TREES.
A22. 123: Approving the Assignment Assumption, Consent, Estoppel Certificate
and Fifth Amendment to Lease with Margaret A. Duffy and ETC-Anaheim relating to
the sale of the Jolly Roger Inn by Duffy to ETC; the Estoppel Certificate
concerning Duffy Lease.and Royal Inns Lease, and the Agreement concerning
irrevocable offer of dedication of an easement, and authorizing and directing
the Mayor and City Clerk to execute said instruments on behalf of the City.
A23. 175: To consider adopting a resolution with respect to changes in the
Electric Rates, Rules and Regulations; revised rate schedules (Time-of-use and
Thermal Energy Storage) effective January 1, 1991.
175: RESOLUTION NO. 90R-349: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF
ELECTRIC ENERGY AS ADOPTED BY RESOLUTION NO. 71R-478 ~ND MOST RECENTLY AMENDED
BY RESOLUTION NO. 90R-271
A24. To consider adopting a resolution with respect to changes in the Water
Rates, Rules and Regulations, rates and fees to be effective September 12,
1990; and amending the Public Utilities 1990/91 Resource Allocation Plan as
recommended by the Public Utilities Board at their meeting of August 30, 1990.
This item was pulled from the Consent Calendar for further discussion.
end of Consent Calendar.)
(See
A25. 139/137: Supporting HR 5423, introduced by Congressman Beryl Anthony,
regarding tax-exempt bond relief, and communicating support to the Anaheim
congressional delegation.
Roll Call Vote on Resolution Nos. 90R-345 through 90R-349:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
End of Consent Calendar. MOTIONS CARRIED.
A24. 175: AMENDMENT TO WATER RATES, RULES AND REGULATIONS - 1990/91 RESOURCE
ALLOCATION PLAN: Proposed changes in the Water Rates, Rules and Regulations,
rates and fees to be effective September 12, 1990, and amendment to the Public
2O6
City Ha~l, Anaheimr CalifoFn£a - COUNCIL MINUTES - September 11, 1990, 5=30 P.M.
Utilities 1990/91 Resource Allocation Plan, was recommended by the Public
Utilities Board at their meeting held August 30, 1990.
Mr. Max Engel, 1181 North Catalpa Street, No. A24, Anaheim, Ca. addressed the
City Council questioning the addition of a further burden on the citizens so
soon after two large electric rate increases in one year. In today's drought
situation, he felt citizens should be rewarded for conserving water, rather
than penalized with higher rates.
Mr. Engle was of the opinion that the current relationship between the Public
Utilities Board, the Public Utilities Department and the City Council should be
adjusted so that citizens be the foremost consideration in any actions.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-350)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 90R-350 for adoption. Refer to
Resolution Book.
175: RESOLUTION NO. 90R-350: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF
WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST RECENTLY AMENDED BY
RESOLUTION NO. 89R-361.
The Mayor declared Resolution Nos. 90R-345 through 90R-349, both inclusive,
duly passed and adopted.
Roll Call Vote on Resolution No. 90R-350:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS=
Daly, Ehrle, Kaywood and Pickler
Hunter
None
The Mayor declared Resolution No. 90R-350 duly passed and adopted.
PUBLIC H~ARIN~ - T~NTATIV~ TRACT MAP NO. 14334 AND N~GATIV~
DECLARATION:
OWNER: Craig & Sharon Painter
7671 Corto Road,
Anaheim, CA 92808
AGENT:
Anacal Engineering Co.,
1900 E. La Palma Avenue, Ste. 202,
Anaheim, CA 92803-3668
LOCATION/REQUEST: The property is located at 371 Timken Road. The property
is approximately 2.56 acres located at the terminus of Timken Road. To
establish a 5-lot, RS-HS-22,000 (SC) zone subdivision.
203
City Hall. Anaheim. California - COUNCIL MINUTES - September 11, 1990, 5:30 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14334
approved; (4 yes votes, 1 no vote, I absent, and i vacant.); Negative
Declaration approved.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Councilwoman Kaywood and Councilman Daly at the meeting of July 24, 1990,
and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 30, 1990.
Mailing to property owners within 300 feet - August 30, 1990.
.Posting of property August 30, 1990.
Mayor Hunter opened the public hearing.
APPLICANT'S
STATEMENT:
Craig Painter, 370 Timken Road.
Mr. Painter stated he is a long term resident of the City. He
owns subject property and plans to establish a 5 lot estate-zoned
subdivision.
Councilwoman Kaywood stated her concern is for the safety of the
residents on Mohler Drive, since in the event cf a fire, the only
exit is through Corto Road which this proposed project will
block.
Councilman Pickler questioned whether staff had any concern
relative to this issue.
Ms. Santalahti, Zoning Administrator, advised that Planning
Commission Condition No. 8 on the Tentative Tract Map was
intended to relieve the fire access concerns. This condition
requires dedication of an easement 20 feet in width from the
centerline of Corto Road be dedicated to the City for ingress and
egress.
Mr. Painter also pointed out that the Fire Department has
requested that he provide secondary water sources into the Timken
Road utility plan, and that a cul-de-sac which will accomodate a
fire engine be placed at the end of Timken, or an adequate
turn-around for a fire engine. These measures should provide a
significant increase to the safety of the area.
OPPOSITION: Tom Kieviet, Farano & Kieviet, speaking on behalf of Dean
Hesketh, resident at 330 Timken Road.
He stated that the concern is due to the lack of emergency routes
through the proposed subdivision. What they want is an emergency
access between the dead end of Timken Road and Corto Road, to be
provided prior to construction of the two residences, where there
was access previously. The proposed subdivision makes no
provision for this access. The concern is not so much with water
resources as it is for access for fire vehicles. A video of the
204
City Ha~l, Anaheim. California - COUNCIL MINUTES - September 1~ 1990, 5:30 P.M.
present access situation was presented. Pictures were also
distributed to demonstrate the fire danger in this area
Mr. Kieviet summarized that water availability is of secondary
concern, the fire trucks will block Timken Road and the
residents would have to leave the area by Corto Road. This is
what has happened in the past.
Mitzi Ozaki, 340 Timken Road, Anaheim 92808
She noted that at the time of the Planning Commission hearing she
had presented a letter from Anaheim Fire Marshall Mike Doty
indicating that the map does not meet Fire Department standards.
She pointed out that Timken Road is a very narrow, one lane
winding road and the last 3,000 feet it is bounded on both sides
by steep canyons. She stated she has signatures of 15 residents
in the homes on Timken and Coyote expressing their concern for
this situation. She reiterated that it appears the developer is
meeting all of the other requirements, but her concern would be
if there is a fire at the entrance of Timken from Mohler Drive
and if the fire moves up the canyon, there is no escape route,
nor is there any way for emergency vehicles to come in. She
would request that the Council consider making Corto Road, which
is a more direct route, the emergency access road and that the
developer provide the Timken Road residents with continued
emergency access through this property.
Cal Queyrel, Anacal Engineering.
Corto Road is a private road and in order to connect it as
suggested, it would be necessary to have approval from all of the
owners. The cul-de-sac was constructed three to six months ago
and Mr. Painter proposes to add two lots at the end of it, not
five. Mr. Painter's home presently exists on the cul de sac and
will be removed. He noted that people have been driving through
the grove from Corto to Timken as a shortcut, access was never
formally granted to anyone, and now the residents want to
formalize this as a road.
Debbie Jasinsky.
She is a new resident living at the top of Timken Road. They
bought at this location two years ago, primarily so that their
children could play at the cul-de-sac. The problem as far as she
is concerned would be the traffic generated.
Merl Sexton.
He is in favor of the project. He has lived on Mohler and
Country Hill corner for 13 years in a unique situation, this is a
similar one. If there is an accident on the curve of Mohler
Drive that road is also blocked.
Tom Kieviet.
He clarified that the residents do not want an access road on
201
C~t¥ H~lt An&~eim~ Cali~orn£a - COUNCIL MINUTES - Seotember 11t 1990. 5:30 P.M.
Corto continuously, if it is provided and chained, that would be
acceptable. They want to be able to use it in an emergency.
Mayor Hunter closed the public hearing.
Ms. Santalahti noted that after the Planning Commission hearing
she had received correspondence from the Parks Department
requesting that a condition be added to this tract map requiring
dedication of equestrian and hiking trai~ easements through the
property.
Mr. Painter stated that he was confused, he has already shown
riding and hiking trail easements on the tract map. He felt the
condition as originally presented was ambiguous as to whether he
or the City were responsible for construction of the trails. He
has no problem with the dedication.
Ms. Santalahti suggested that the condition be worded so as to
indicate that rather than outright construction or posting of
bond, that this be an irrevocable offer of dedication, and that
the condition will read, "if required by the Parks and Recreation
Department", that construction of improvements or posting of bond
will be made.
Mayor Hunter asked if this was acceptable to Mr. Painter, who
agreed that he was willing to work with Parks and Recreation on
the dedication portion.
COUNCIL ACTION:
Councilwoman Kaywood stated that she continues to remain very
concerned regarding this tract map, because of the high fire
danger. This will block an access which has been there for 25
years.
Councilman Pickler responded that if the Fire Department were
concerned they would have opposed this at the Planning Commission
level.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and that
there is no substantial evidence that the project will have a significant
effect on the enviornment. MOTION CARRIED.
MOTION: Councilman Ehrle moved to approve Tentative Tract Map No. 14334,
subject to the conditions recommended by the City Planning Commission and
further subject to an added condition requiring an irrevocable offer of
dedication for the riding and hiking trail easement. Councilwoman Kaywood
voted no. MOTION CARRIED.
202
City Ha~, Anaheim, California - COUNCIL MINUTES - September 1~, ~990, 5730 P.M.
176: PUBLIC REARING - ABANDONMENT NO. 90-15A:
REQUESTED BY:
Anaheim Redevelopment Agency
300 South Harbor Boulevard, Suite 900,
Anaheim, CA 92805
REOUEST: To consider abandoning streets, alleys and utility easements located
within the area bounded by Cypress Street, Olive Street, Lincoln Avenue and
Santa Fe Railroad and within the area bounded by Center Street, Lincoln Avenue
and the Santa Fe Railroad.
At the meeting of August 14, 1990, (Item A17) the City Council adopted
Resolution No. 90R-302 declaring its intention to abandon streets, alleys and
utility easements-located within the area bounded by Cypress Street, Olive
Street, Lincoln Avenue and Santa Fe Railroad and within the area bounded by
Center Street, Lincoln Avenue and the Santa Fe Railroad.
Staff report dated August 8, 1990 was submitted indicating that on February 6,
1990 the City Council had approved waiver of Council Policy No. 216, regarding
the Lincoln Village Project. The Redevelopment Agency has agreed to pay $1,500
application fee to process this abandonment.
Mr. Dick Santo, Senior Real Property Agent, stated that his department
reconxnends unconditional approval of this abandonment.
Mayor Hunter asked if anyone wished to speak either in favor or opposition,
there being no response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Ehrle, the City Council ratified the
determination of the City Engineer that the proposed activity falls within the
definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the
requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. MOTION CARRIED.
WAIVER OF READING -- RESOLUTION= The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-351)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-351 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 90R-351: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING THE AREA BOUNDED BY CYPRESS STREET, OLIVE STREET, LINCOLN
AVENUE AND SANTA FE RAILROAD AND WITHIN THE AREA BOUNDED BY CENTER STREET,
LINCOLN AVENUE AND TRE SANTA FE RAILROAD - LINCOLN VILLAGE PROJECT. (90-15A)
Roll Call Vote:
10
199
City Hall. Anaheim. California - COUNCIL MINUTES - September 11, 1990, 5:30 P.M.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-351 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT NO. 89-2A:
REQUESTED BY:
E1 Vee, Inc.,
200 W. Midway Drive,
Anaheim, CA 92805
LOCATION/REQUEST: To consider abandoning a portion of Clementine Street and an
unnamed public alley both extending southerly from Midway Drive.
At the meeting of August 14, 1990, the City Council adopted Resolution
No. 90R-292 declaring its intention to abandon a portion of Clementine Street
and an unnamed public alley both extending southerly from Midway Drive.
The Mayor recognized Mr. Tom Kieviet, Farano and Kieviet, 300 South Anaheim
Blvd. representing the applicant.
Mr. Kieviet apologized for the lateness of his correspondence, however he had
only recently been engaged to represent the applicant in this issue. He
requested a three week continuance.
The Mayor asked if there was anyone in the audience who would object to a
continuance, there was no response.
MOTION: Councilman Pickler moved to continue the Public Hearing on Abandonment
No. 89-2A to the Council Meeting of October 2, 1990. Councilman Ehrle seconded
the motion. MOTION CARRIED.
176: PUBLIC HEARING - CEQA NEGATIVE DECLARATION IN CONJUNCTION WITH PREVIOUSLY
APPROVED EIR NO. 283 WAIVER OF CODE REQUIREMENTt CONDITIONAL USE PERMIT
NO. 3304, SITE PLAN APPROVAL FOR TRACT MAP NO. 12996 OF SYCAMORE CANYON
SPECIFIC PLAN 88-1r DEVELOPMENT AREA 2:
OWNER: Weir Partners Ltd.
620 Newport Center Drive, #840,
Newport Beach, CA 92660
AGENT:
Triad Partners, Inc., Attn: Joseph Carroll
620 Newport Center Drive, #840,
Newport Beach, CA 92660
LOCATION/REQUEST: The property is approximately 11.9 acres located at the
southwest corner of Weir Canyon Road and Serrano Avenue. To permit a 121,499
square foot, 47-unit commercial retail shopping center including a 1,000 square
foot service station with convenience' market, an 8,000 square foot
semi-enclosed restaurant, with on-sale alcoholic beverage a 45,000 square foot
market, a 7,800 square foot drug store and a 4,524 square foot bank with
waivers of minimum structural and landscaped setback from scenic highways,
11
200
City Hall, Anaheim, California - COUNCIL MINUTES - September 11, 1990, 5:30 P.M.
commercial entry signs, minimum number of parking spaces, required wall height
adjacent Canyon Creek Road and roof-mounted equipment prohibited.
ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3304 Granted (PC90-190)
(6 yes votes, I vacant seat); Waiver of code requirement approved (petitioner
to stipulate to no less than a 72-foot setback on Weir Canyon Road; and
approval of waivers B, D, and E with roof-mounted equipment being property
screened); site Plan Approval for Tract Map No. 12996 of Sycamore Canyon
Specific Plan 88-1, Development Area 2 APPROVED subject to new setback (6 yes
votes and i vacancy); approved Negative Declaration in conjunction with
previously approved EIR NO. 283.
HEARING SET ON:
A Review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Pickler at the meeting of July 31, 1990, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 30, 1990.
Mailing to property owners within 300 feet - August 30, 1990.
Posting of property August 30, 1990.
Councilwoman Kaywood stated her concern in setting this for
public hearing, was with the minimum structural setback from a
scenic highway, 100 feet required, 72 feet being proposed. She
noted Anaheim Boulevard, both North and South as an example where
adequate setbacks would have saved the City both time and money.
Secondly she is concerned with allowing parking waivers (795
parking spaces required, 660 proposed) as it seems there is never
enough parking.
Jim Carroll 620 Newport Center Drive, Newport Beach 92660.
He explained that commercial sites normally have two street
frontages; this property is unique in that it has three street
frontages, each with setback requirements - Weir Canyon 100 ft;
Serrano Ave. - 50 ft; and Canyon Creek - 20 ft. This makes it
difficult to place buildings so that they will work well. He
noted that as you travel south on Weir Canyon there are several
existing projects which have encroached into the setback, a
commercial project at 72 feet and a condominium project which is
50 to 40 feet and has a 6 foot masonry wall located 10 feet from
the property line as well. In planning this project, they
attempted to be sensitive to the setback issue and also provide
visibility through their site. Without the two buildings
proposed to break up the extremely long frontage, it will appear
to be a sea of parking spaces. Relative to parking, he feels
their plan for 660 spaces will work well given the uses
contemplated.
At the request of Council, Mr. Paul Singer, Traffic Engineer
commented that the developer is proposing to provide 94% of code
parking and due to the mixed uses of the shopping center, and
based on a parking study, he believes this is adequate.
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City Hall, Anaheim, cal~forni~ - COUNCIL M~NUTES - SePtember 11. 1990, 5=30 P.M.
Mr. Singer wished the record however to be very clear on the
issue that there will be no left turn from Weir Canyon Road.
He also noted that the site is 5 to 20 feet below grade in
places; that the parking =o be provided is 5.5 per thousand which
is still above average, and realistically the developer would
only need 4 to 4.5 per thousand.
Mayor Hunter opened the public hearing and asked for those in favor who wished
to speak.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION=
Dr. Kevin McGrath, 836 Wildflower Anaheim.
He lives south of the proposed shopping center and is concerned
with the parking waiver, because the only other place to park
would be his street. If there is an error he would prefer it be
on the side of too much parking. Concerning the setback and
buildings to hide the sea of parking spaces, he would prefer
these be hidden with a berm or other enhancement rather than a
gas station or some other building. His last issue concerns the
hours of operation for these businesses. He would like to hear
this addressed particularly for the restaurant and grocery.
Jim Carroll.
He displayed a picture of the setback and buildings to show the
quality of the proposed project. He noted that the two buildings
in front are below grade and there is a 2-3 foot berm all around
the site. With respect to hours of operation Ralph's has
requested 24 hrs. per day.
In response to Councilwoman Kaywood, Mr. Carroll explained that
sales of beer and wine in connection with the gasoline station
and mini mart will not be requested.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NO. 283 (PREVIOUSLY CERTIFIED): Environmental
Impact Report No. 283, having been reviewed by City staff and recommended by
the City Planning Commission to be in compliance with City and State guidelines
and the State of California Environmental Quality Act, the City Council acting
upon such information and belief, does hereby certify, on motion by Councilman
Pickler, seconded by Councilman Hunter, that Environmental Impact Report
No. 283, is in compliance with the California Environmental Quality Act and
City and State guidelines for this project. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-352)
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City Hall. Anaheim. California - COUNCIL MINUTES - September 11. 1990. 5530 P.M.
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 90R-352 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 90R-352: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3304.
Roll Call Vote=
AYES= COUNCIL MEMBERS=
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-352 duly passed and adopted.
MOTION= On motion by Councilman Pickler, seconded by Councilman Ehrle, the
City Council approved the site plan for Tract Map. No. 12996 of Sycamore canyon
Specific Plan 88-1. Development Area 2. MOTION CARRIED.
179= PUBLIC HEARING - RECLASSIFICATION NO. 90-91-07, WAIVER OF CODE
REQUIREMENT, CONDITIONAL USE PERMIT NO. 3307 AND NEGATIVE DECLARATION=
OWNER: C.A. Bonnett
10990 Warner Avenue, ~D,
Fountain Valley, Ca 92708
AGENT:
Monnh L. Hanna and Nabil W. Sidares
13681 Glenhaven Dr.,
Garden Grove, CA 92643
LOCATION/REQUEST: The property is located at 3010 West Lincoln Avenue. The
property is approximately 1.59 acres located at the southwest corner of Lincoln
Avenue and Beach Boulevard. The request is to permit a 2,400 square-foot
mini-market with fast food in an existing commercial retail center with waiver
of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-07
approved (PC90-181) (5 yes votes, i absent, and i vacant); CUP No. 3307
approved (PC90-182); waiver of code requirement approved; Negative Declaration
approved.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Pickler at the meeting of July 24, 1990, and public
hearing scheduled this date.
PUBLIC NOTICE'REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 30, 1990.
Mailing to property owners within 300 feet - August 30, 1990.
Posting of property August 30, 1990.
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City Hall. Anaheim, Cal£fornia - ~OUNCIL MINUTES - September 11. 1990. 5:30 P.M.
The Mayor opened the public hearing and asked the applicant to come forward.
There was no response.
Due to the fact that neither the applicant, nor his agent were present, the
public hearing was continued to the the meeting of September 25, 1990, on
motion by Mayor Hunter, seconded by Councilman Pickler. MOTION CARRIED.
179: RECLASSIFICATION NO. 89-90-48, WAIVER OF CODE REQUIREMENT, CONDITIONAL
USE PERMIT NO. 3314 AND NEGATIVE DECLARATION -- RECLASSIFICATION NO. 89-90-48
(SEE ITEM ABOVE}, WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3253
AND NEGATIVE DECLARATION: The City Council determined that since the following
two public hearings involved the same piece of property, that a combined
hearing would be in order.
OWNER.-
Center Park Investments N. V.
333 City Boulevard, West ~501,
Orange CA 92668
AGENT:
Debeikes Investment Co.
2300 Michelson Dr., #200,
Irvine, CA 92715
LOCATION/REQUEST - RECLASSIFICATION NO. 89-90-48 & CONDITIONAL USE PERMIT
NO. 3314: The property is located at 5635 E. La Palma Avenue and 1521 North
Imperial Highway. The property is approximately 9.0 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
34-unit commercial retail center, including 14,000 square feet of semi-enclosed
fast food uses and one freestanding restaurant with outdoor seating with
on-sale of alcoholic beverages in conjunction with an existing movie theatre
with waivers of minimum number of parking spaces, minimum dimensions of parking
spaces, minimum structural setback and improvement of required setbacks
adjacent to railroad right-of-way.
ACTION TAKEN BY TME PLANNING COMMISSION: Reclassification No. 89-90-48 granted
(PC90-188) (6 yes votes, i vacant seat); waiver of code requirement approved
waivers A, B, and D, and denied waiver C (5 yes votes, i no vote, 1 vacant).
CUP No. 3314 Granted (PC90-189) (6 yes votes, i vacant seat).
HEARING SET ON:
A letter of appeal was submitted by Center park Investments, N.V., and DeBeikes
Investment Company, the agent, and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - August 31, 1990.
Posting of property August 31, 1990.
Mailing to property owners within 300 feet - August 30, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 30, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 11, 1990, 5:30 P.M.
This item to be held in conjunction with Conditional Use Permit No. 3253 and
same Reclassification (see item below).
LOCATION/REQUEST - RECLASSIFICATION NO. 89-90-48, WAIVER OF CODE REQUIREMENT,
CONDITIONAL USE PERMIT NO. 3253 : 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; CUP
No. 3253 granted (PC90-77) with an additional condition requiring reciprocal
access easements on both driveways to go with the land; approved Negative
Declaration.
REARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Ehrle and Councilwoman Kaywood at the meeting of April 17, 1990. The hearing
was then continued from the meeting of May 8, 1990, and the public hearing was
held before the City Council on June 5, 1990, and continued to June 26, 1990,
where Council approved the recommendation by staff to return it to the Planning
Commission for changes. This hearing is to be held in conjunction with CUP
No. 3314 (see item above).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - August 31, 1990.
Posting of property August 31, 1990.
Mailing to property owners within 300 feet - August 30, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 30, 1990.
Jack White, City Attorney, explained for Council that the proposals in these
two public hearings relate to the same and a contiguous parcel of land and
present to Council two different options in terms of its development, i.e.,
these two proposals are not mutually compatible and Council will have to choose
between one or the other.
Mayor Hunter opened the public hearings on both items D6a and D6b.
APPLICANT'S
STATEMENT:
Richard DeBeikes, Agent for the applicants.
He noted that the applicants are the developers of the Knollwood
Restaurant. He also explained that he had been working on this
project since last March, in an attempt to come up with a
combined site plan which would accommodate this property as well
as the Cinemapolis project. He announced that at this time he
wished to withdraw the application for Conditional Use Permit No.
3314, as he is now convinced that this cannot be accomplished.
16
193
City Hal~, Anaheim, California - COUNCIL MINUTES - September 11, 1990, 5:30 P.M.
This virtually means that the proposal under D6a. is no longer up
for Council consideration. They are now offering their original
plan which is item D6b.
He noted that in this site plan they have done their best to
address the concerns of the adjacent property and city staff.
This plan has been reviewed by staff. He briefly described the
site plan, using graphics posted in the Council Chamber, noting
that building "A" has been reduced in size and relocated. The
square footage from "A" has been placed in buildings "B" and "C",
which are in relatively the same position. This arrangement puts
an open parking area in front of the theatre.
He reported that the developer will pay for improvements to put
in the new joint driveway as requested by the City for the
theatre; a new median on LaPalma; a full traffic lane on
Imperial; and a deceleration lane on Imperial. The improvements
will meet critical intersection standards in this area, which
includes an acceleration lane on LaPalma. They have located all
of their buildings outside of the setback except for one, which
is critical to the site, the Knollwood Restaurant. This firm has
a long-term lease and their building is up tight on the site.
They are concerned with maintaining their visibility on Imperial
Highway. However according to his calculations, after full
improvements there will still be 10 to 15 feet from the
right-of-way out to the street. From a visual standpoint there
will be a 30-35 foot visual setback. He is willing to have this
project conditioned on having mature and extensive landscaping in
this setback area, since it is critical to them for approval of
the project.
In discussion of the question of ingress and egress onto Imperial
Highway, Paul Singer, Traffic Engineer reported that the City had
received approval from CalTrans through the efforts of Senator
John Seymour, however the FHWA came into the picture, and the
City and CalTrans are now working together to convince them that
access points will reduce conflicts, and relieve traffic at the
intersection of LaPalma and Imperial.
Mr. DeBeikes advised that this access point is reserved for that
purpose in the plan, it is a landscaped area.
The Mayor called for anyone who wished to speak either in favor or opposition.
Ronald Spinoglio, 330 Lambert Road, Brea.
He represents the bank at the corner of La Palma and Imperial
(Union Federal Savings Bank). They are in favor of development
of this parcel. Their concerns are relative to the traffic
circulation pattern around their building. The building labeled
"A" on the site plan now precludes clear access to their
building. Their contribution to this project is that they will
vacate an easement which gives them ingress and egress to
17
194
City Hal~, A~aheim, California - COUNCIL MINUTES - September 11, 1990, 5:30 P.M.
LaPalma. They are concerned about the traffic pattern within the
parking lot itself, and want to know that their customers will
find it safe and convenient to visit the bank. He is also
concerned about losing parking spaces along LaPalma due to the
critical intersection widening.
Paul Singer, Traffic Engineer.
He explained that the traffic and circulation and access will be
improved because it will be safer. The new opening will have a
safer driveway and customers will be able to leave the same way
they cam in. Employees will park to the east of the building.
The circulation pattern will still allow travel completely around
the building, although there will be an additional building to
travel around. The improvements and dedication for right of way
will have a net result of adding three new parking spaces.
Mr. Spinoglio still voiced the opinion that at full occupancy
there will be a tremendous impact on the two-lane driveway. He
did not think his bank could wait on the potential of being
granted access points on. Imperial. Their firm has no obligation
to relinquish rights to the easement, they would like to see
building "A" reduced to the extent that there is a driveway
completely encircling their facility. His third issue is whether
or not there is a reciprocal parking agreement.
Mr. DeBeikes indicated that they have planned, and will provide
all parking on their property and do not require a reciprocal
parking agreement on the other properties.
Bruce Sanborn, representing Cinemapolis.
He stated that they are disappointed that this developer has
withdrawn item D6a. (Conditional Use Permit No. 3314), but they
are in favor of this proposal He also hopes that the Imperial
Highway access point is approved, but thinks this plan will work.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - RECLASSIFICATION
NO. 90-91-48 & CONDITIONAL USE PERMIT NO. 3314: It was determined that action
on the CEQA findings was not necessary.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-354 and 90R-355)
Councilwoman Kaywood moved to waive the reading in full of the resolutions.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution Nos. 90R-354 and 90R-355 for adoption.
Refer to Resolution Book.
18
191
C~t¥ Mall. Anaheim. California - COUNCIL MINUTES - September 11. 1990. 5:30 P.M.
RESOLUTION NO. 90R-354: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN
ZONES SHOULD BE CHANGED.
RESOLUTION NO. 90R-355: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3314.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution Nos. 90R-354 and 90R-355 duly passed and adopted.
ENVIRONMENTAL IMPACT REBORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and that
there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-353)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 90R-353 for adoption, granting
Conditional Use Permit No. 3253 subject to the conditions recommended by the
City Planning Commission and with an added condition requiring the submittal of
landscaping plans for the setback area for approval. Refer to Resolution Book.
RESOLUTION NO. 90R-353: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3253.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-353 duly passed and adopted.
179/142: PUBLIC HEARING - EXTENDING AND/OR AMENDING ORDINANCE NO. 5141: To
consider an urgency ordinance extending and/or amending Ordinance No. 5141, an
interim urgency measure, to temporarily prohibit certain uses of land within
the Commercial-Recreation ("C-R") Area of the City of Anaheim.
Joel Fick, Planning Director, briefed the Council on the memorandum dated
September 7, 1990, jointly prepared by him and Jack White, City Attorney.
19
192
City Hall. Anaheim. California - COUNCIL MINUTEs - ~eptember 11, 1990, 5=30 p.M.
In summary the memorandum indicates that the moratorium period ends on
September 15, 1990. At present the interim ordinance can be amended one
additional time for a period not to exceed one year.
The intent of the interim ordinance was to ensure that opportunities to
maximize the area's potential were not precluded while comprehensive studies of
the C-R area were in progress. During the intervening period the new
Commercial Recreation zone ordinance (No. 5156) and the associated Design
Guidelines have been adopted.
The staff recommendation is that the ordinance submitted as Ordinance A be
adopted, to extend the moratorium one final time for a one year period to
expire September 15, 1991. The submitted ordinance also allows one additional
exemption, a dinner theater, which had filed an application at the time of the
interim measure's enactment.
Mayor Hunter opened the public hearing.
Pastor Ralph Wilkerson, Melodyland Christian Center.
He objected to any extension of the moratorium. The adoption of
the moratorium has, and is holding up the economy of the city.
Personally, he explained it has caused Melodyland to lose 1/2
million dollars. He asked that the Council consider at least
terminating the moratorium by the 1st of the year, 1991. He
reminded Council members that their responsibility is to the
people who live here, and in his opinion this moratorium will not
be in their best interests.
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
COUNCIL DISCUSSION:
Councilman Daly stated that he felt staff's recommendation has
been well laid out and well justified. The City also has their
own very important major land use and transportation studies
underway which concern this area.
Councilman Daly offered Ordinance A for adoption.
The City Attorney explained that this will be an urgency
ordinance, requiring 4/Sths vote to pass and will have to be read
in full.
Prior to reading the Ordinance in full, Mayor Hunter suggested
that Council further discuss their positions on the ordinance.
Council Member Ehrle.
He had voted agains the moratorium several months ago, and then
reversed his vote to support the moratorium three months ago,
with the assurance that studies would be on-going and things
moving in a timely manner. He explained that he opposes
politically, economically and every way he can think of, the idea
20
189
CAtv Hall. Anaheim, California - COUNCIL MINUTES - September 11. 1990. 5:30 P.M.
of a moratorium. He feels it is a serious action to be taken as
a last resort. He presently feels Council has guidelines in
place, and just about every project in the C-R area requires a
conditional use permit. These are safeguards the Council can
rely on. He just is not in favor of imposing a moratorium at a
time when economic indicators say that we are entering a
recession. He has great concern for the economic impact of this
on the business community and property owners.
Council Member Pickler.
He was of the opinion that the planning which the City is now
doing for the C-R area will be to the benefit of property owners
and a plus for the City. If the Council determines that the
moratorium is not needed it can be removed at any time. He felt
the Council should go forward with staff's recommendation.
Mayor Hunter.
He stated that the last time he voted for the moratorium, he did
so reluctantly because he also feels it is a very severe step and
to be taken as a last resort. He also noted that the new
Commercial Recreation ordinance and associated design guidelines
are in place and the Council was always told that the work would
be complete by December 1990. Now it is being asked that Council
extend the time frame for one year, and that is too long for
him. Although he agrees with everyone that quality development
is needed in the C-R area, he is concerned with the economic
impact on the taxpayers, and would be inclined to vote for an
extension of the moratorium, only if his vote could be
conditioned upon the extension being allowed in 90-day
increments.
Jack White, City Attorney explained that the Government Code
Section upon which the imposition of the moratorium was based
(Sec 65858) limits the ability of the City Council in what they
can do today in that they are permitted to only one more
extension and this can not exceed one year. Therefore, it can
not occur in 90 day increments as suggested by the Mayor. As an
alternative the Council could adopt the ordinance as provided
which extends the moratorium to September 15, 1991 and by a
seperate motion direct staff to report back to them every 90 days
as to the status of the studies. The Council could for whatever
reason then terminate the moratorium by adopting either an
urgency ordinance or an ordinance adopted in the usual manner.
However the law provides for only two extensions from the
original period and one of these has already been exercised.
Councilwoman Kaywood stated that with the traffic and other
problems in the C-R area which must be addressed, the City needs
time to do this work properly.
Council Member Daly stated that he respected the Mayor's concern
and would support the proposal for staff to come back with a
21
190
City Hall. ADaheim, California - ~OUNCIL MINUTES - SeDtember 11. 1990. 5:30 P.M.
report every 90 days. He noted that he personally has received
correspondence only in favor, and if the Mayor's Office has
information to the contrary, he would appreciate it being shared
with the remainder of the Council. He has heard from only one
businessman this evening who Aa opposed to the extension, the
majority of businesses support the City's planning effort and the
need for the hiatus to development approvals.
During the Council discussion, the City Attorney suggested that
there is the possibility of the City using their independent
powers as a charter city to extend the moratorium more than two
times. He explained that as a Charter city an argument could
reasonably be made that the City is not subject to that
limitation since it is a provision in the Government Code. Under
this theory, Council could adopt the extension of the moratorium
for 90 days and prior to the end of that period staff would
report back as to whether or not this is defensible. From a very
conservative point of view, his first choice would be to continue
to rely on Government Code.
Mr. Carey Hunnewell, Director of Development, Disney Corporation,
was permitted to come forward with his statement. He indicated
that his firm is in support of the City's planning process. He
noted that the C-R area has reached a point whereby the lack of
planning for upgrade of infrastructure, particularly
transportation, in and of itself, will slow down development in
the area over the next 3-4 years. Even with the I-5 widening,
his transportation consultants believe most critical interchanges
in this area will reach levels of failure before the turn of the
century. Additionally~ restraints imposed by SCAQMD and other
EIR requirements will force curtailment of development in the
area until these infrastructure needs are addressed. Extensive
discussions were held with business interests in the C-R area and
90% of the property owners are fully in favor of the continued
moratorium. There is, he believes, some 3 billion dollars worth
of development proposed for the C-R area in the next decade, not
just by his firm, but several others included. This cannot
happen without the land use designations and planning guidelines
and infrastructure to support it. The Walt Disney Company is
firmly behind a one year extension as the only way to allow the
studies to go forward unmitigated by massive development.
Mayor Hunter stated he was of the opinion that there should be
exemptions allowed during this period of time.
Mr. White explained that exemptions are built into the ordinance
itself and the Mayor's request would be dependent upon the
ability to sustain adopting another extension in 90 days based on
the City's charter power, or the Council could adopt an amendment
today which would add another exemption
22
187
City Hall. Anaheim. California - OOUNCIL MINUTES - SePtember 11. 1990. 5=30 P.M.
Councilwoman Kaywood cautioned that if the Attorney determines at
some point after today's meeting that the further exteneion is
not possible, then the City Council will have removed the City's
opportunity to continue with its planning process.
At the conclusion of discussion, Mayor Hunter still felt that one
year was too long for him for this area of the City.
Councilman Daly withdrew his motion and encouraged the Mayor to
offer his proposal.
Mayor Hunter offered Ordinance No. 5172 for adoption as an urgency ordinance,
to take effect immediately, extending the moratorium period for an additional
90 days, with direction that the Planning Staff report back to Council every 90
days on the progress of the planning studies.
The ordinance was read in full by the City Attorney.
URGENCY ORDINANCE NO. 5172: AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING AND
AMENDING INTERIM ORDINANCE NO. 5141 PROHIBITING CERTAIN USES OF PROPERTY WHICH
MAY BE IN CONFLICT WITH A SPECIFIC PLAN THE CITY COUNCIL IS CONSIDERING OR
STUDYING AND DECLARING THAT THIS ORDINA~CE IS AN URGENCY MEASURE WHICH SHALL
TAKE IMMEDIATE EFFECT.
Roll Call Vote;
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Kaywood, Pickler and Hunter
Ehrle
N~e
The Mayor declared Urgency Ordinance No. 5172 duly passed and adopted.
179: ORDINANCE NO. 5169 - ADOPTION: Amending Title 18 to rezone property
under Reclassification No. 89-90-29 located on approximately 26 acres located
north and east of the northeast corner of Katella Avenue and Douglass Road,
having a frontage of approximately 400 feet north of the centerline of Douglass
Road, from the RS-A-43,000, RS-A-43,000(FP), ML and ML(FP) zones to PR and
PR(FP) zones.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5169)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance No. 5169 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 5169: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP
REFERRER! TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
23
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C~t¥ H~ll. Anaheim, California - COUNCIL MINUTES - September 11, 1990, 5=30 P.M.
Roll Call Vote:
AYES= COUNCIL MEMBERS=
NOES= COUNCIL MEMBERS=
ABSENT= COUNCIL MEMBERS=
Daly, Ehrle, Kavwood and Hunter
Pickler
None
The Mayor declared Ordinance No. 5169 duly passed and adopted.
179: ORDINANCE NO. 5173 - INTRODUCTION: Amending Title 18 to rezone property
under Reclassification No. 89-90-57 located at 3238-3302 West Ball Road from
the RS-A-43,000 zone to the RM-3000 zone.
Councilman Hunter offered Ordinance No. 5173 for introduction.
179= ORDINANCE NO. 5173: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING.
ITEMS OF PUBLIC INTEREST=
Gary E. Hire, President of Hite Engineered Products, Inc., 7341 Dallas Drive,
La Palma, California. Mr. Hite addressed the Council regarding his product, a
seismic activated gas shut-off valve, which he felt was the safest such device
to use at City buildings.
Dr. Howard D. Garber, Republican Central Committee, Anaheim, addressed the
Council concerning certain books written about the relocation of
Japanese-Americans during World War Iii he was of the opinion that these books
books should be available at the Anaheim Public Library, and he reiterated that
this request be agendized for a future Council meeting.
Also addressing the Council in support of Dr. Garber's request was Mr. Bill
Kubic, of Seattle, a published author.
Mr. Layne Baroldi, 623 West Juliana Street, Anaheim, addressed the Council
concerning problems his neighborhood is experiencing because of apartment
residents nearby, and requesting that the cul de sac be closed off again to
help fight crime. He also requested removal of the median for southbound
traffic on Harbor Boulevard at its intersection with Anaheim Boulevard, and he
submitted a petition signed by residents to accomplish these requests.
Lisa Lewis, 6216 Twin Peaks Circle, Anaheim, addressed the Council concerning
the proposed Serrano Heights Development in Orange immediately adjacent to
Anaheim Hills, and including the extension of Serrano Avenue into the City of
Orange. She felt this development would require significant grading and would
have a major impact on nearby Anaheim residents and Anaheim Hills Elementary
School.
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City Hal~ An&heim~ California - COUNCIL MINUTES - September 11~ 1990~ 5530 P.M.
Others addressing the Council, requesting that the City Council give support at
the next meeting of Orange City Council =oncerning the Serrano Heights
Development, were Patrick Pepper, Chairman of the Anaheim Hills Citizens
Coalition, 269 South Hillcrest, and Sally Fields, 6754 East Leafwood.
Planning Director, Joel Fick, noted that in 1987, the City approved a General
Plan Amendment and a development agreement concerning this project. The City
of Orange has taken a position that the proposed Serrano Ridge Development is
consistent with those actions. He noted certain mitigating measures which had
· been agreed upon for the development such as participation in a traffic signal,
financial participation in a community center, and pest control and management.
Mr. Frank Elfend, representing the developer Newport Pacific, pointed out that
the proposal was examined not only by the City in 1987, but by several Anaheim
Hills groups with whom they met to explain the project, since the property
falls within the influence of both the City of Orange and Anaheim.
RECESS: By general consent the Council recessed into Closed Session.
(10=37 p.m.)
ADJOURNMENT: Councilman Pickler moved to adjourn.
seconded the motion. MOTION CARRIED. (11:50 p.m. )
Councilwoman Kaywood
LEONORA N. SOHL, CITY CLERK
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