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1990/10/02199 City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1990, 5=30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT= COUNCIL MEMBERS= Daly, Ehrle, Kaywood, Pickler and Hunter ABSENT= COUNCIL MEMBERS= None PRESENT= CITY MANAGER= James Ruth CITY ATTORNEY= Jack White CITY CLERK= Leonora N. Sohl ZONING ADMINISTRATOR= Annika Santalahti SENIOR REAL PROPERTY AGENT= Richard Santo DEPUTY CITY ENGINEER= Arthur Daw PLANNING DIRECTOR= Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on September 28, 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; International Tile Expositions vs. City of Anaheim, et al, O.C.S.C. Case No. X62-50-99. 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 litlgation 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. g. To meet with its negotiator regarding the possible acquisition of certain real property located at 400 West Freedman Way from Melodyland Christian Center. 974 200 City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 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. (5:48 p.m.) INVOCATION: A Moment of Silence was observed in lieu of the invocation. FLAG SALUTE: Councilwoman Miriam Kaywood 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: Emergency Nurses Day in Anaheim, October 3, 1990. Public Power Week in Anaheim, October 7-13, 1990. Mr. Ed Aghijayan, Public Utilities General Manager, accepted the Public Power Week Proclamation. 119: DECLARATION OF RECOGNITION AND WELCOME: A Declaration of Recognition and Welcome was unanimously adopted by the City Council to be presented at the California Conference on Alcohol Problems on October 10, 1990, recognizing and welcoming those in attendance and commending the contributions made by those involved in confronting the problems associated with alcohol abuse. 119: DECLARATION OF WELCOME: A Declaration of Welcome was unanimously adopted by the City Council to be presented to the Lord Mayor of Berlin, Germany, Walter Momper. The Declaration will be presented to the Lord Mayor on October 6, 1990, German-American Day, with ceremonies to take place at the Phoenix Club. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,254,493.99, in accordance with the 1989-90 Budget, were approved. WAIVER OF READING - ORDINANCE AND RESOLUTIONS: The titles of the following ordinance and resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 90R-371 and 90R-372 for adoption; and Ordinance No. 5181 for introduction} Councilman Pickler moved to waive the reading in full of the ordinance and resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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 975 197 City Ha11~ Anaheim~ California - COUNCIL MINUTES - October 2r 1990~ 5:30 P.M. offered Resolution Nos. 90R-371 and 90R-372 for adoption and Ordinance No. 5181 for introduction. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended= a. Claim submitted by Riley Lowell Wallace for bodily injury sustained purportedly due to actions of the City on or about March 7, 1990. b. Claim submitted by Irene G. Pelle for property damage sustained purportedly due to actions of the City on or about January 19, 1990. c. Claim submitted by Russell Blakeman for bodily injury sustained purportedly due to actions of the City on or about May 26, 1990. A2. 107= Receiving and filing the Statistical Report Summary ending August 31, 1990, from the Building Division. 105= Receiving and filing minutes of the Community Redevelopment Commission meeting held September 12, 1990. 105= Receiving and filing minutes of the Public Utilities Board meetings held August 30, 1990, and September 6, 1990. 173= Receiving and filing a notice of the filing of an application by Valen Transportation, Inc., with the State of California Public Utilities Commission, to operate as an on-call passenger stage corporation between points in Orange County and San Diego County. A3. 164: Awarding a contract to the lowest and best responsible bidder, Elser Constructors, in the amount of $183,425 for Water Valve Replacements - Phase V. A4. 150: Awarding a contract to the lowest and best responsible bidder, Shibata Landscape, Inc., in the amount of $252,730 for Irrigation System Renovations at Barton, Brookhurst, Maxwell and Pearson Parks. AS. 107= Awarding a contract to the lowest and best responsible bidder, Viking Equipment Corporation, in the amount of $9,725 for building demolition at 401 South Lemon at the corner of Elm Street. A6. 165= Awarding a contract to the lowest and best responsible bidder, Excel Paving, in the amount of $9,988 for Glenview Avenue and Holbrook Street Speed Humps. A7. 164= Approving a Notice of Completion of the construction of Water Valve Replacement, Phase IV, by Valverde Construction, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. AS. 150: Approving a Notice of Completion of the construction of Brookhurst, Modjeska and Ponderosa Parks Maintenance Facility Improvements, by J.H. Rives Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. 976 198 City Hall, Anaheim, California - COUNCIL MINUTES - October 2. 1990, 5:30 P.M. A9. 107= Approving a Notice of Completion of the building demolition at the northeast corner of Anaheim Boulevard and Adele Street, by Viking Equipment Corporation, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. Al0. 131= Approving the Right-of-Way Certification for Arterial Highway Financing Program No. 1282, Harbor Boulevard - Katella Avenue to Orangewood Avenue, and authorizing the Mayor and City Clerk to execute said document. All. 158: Finding and determining, in accordance with Section 1222 of the City Charter, that the proposed sale of City-owned real property (a portion of Old Santa Ana Canyon Road located between Avenida Margarita and Imperial Highway) is in the best interest of the City. A12. 160= Waiving Council Policy 306 and accepting the bid of Westrux International, in the amount of $51,052.46 for one field service truck in accordance with bid $4753. Al3. 000/150: ORDINANCE NO. 5181 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.34.010 OF CHAPTER 17.34 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO DEVELOPMENT FEES. (Park Dedication) A14. 158: RESOLUTION NO. 90R-371: 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. Al5. 156/119: RESOLUTION NO. 90R-372: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DEDICATING THE NEW POLICE FACILITY LOCATED AT 425 SOUTH HARBOR BOULEVARD TO HONOR RETIRED CHIEF OF POLICE MARK A. STEPHENSON. Mayor Hunter read the Resolution noting that Mark Stephenson had joined the Anaheim Police Department in 1927 when the total number of sworn officers was 14. In 1946, he was appointed Chief of Police, a position he held for 23 years. He subsequently continued his service to the community and was elected to a term as City Councilman. The Mayor and the Council then presented the Resolution to Mr. Stephenson, who was accompanied by his wife, Beulah and his children. The Council personally commended Mr. Stephenson and subsequently unanimously approved the Resolution authorizing the dedication of the new Police facility at 425 South Harbor Boulevard honoring the former long-standing Chief of Police. Mayor Hunter noted that there were many people in the audience who were present for the occasion, the names too numerous to mention, including former Mayor Jack Dutton and Councilman Jerry Snegas. He did recognize and asked to come forward four former Anaheim Chiefs of Police: Jimmie Kennedy, Harold Bastrup, Dave Michel, Marry Mitchell and the present Chief, Joseph Molloy. "Chief" Stephenson recounted some of his experiences in the Police Department and thanked the Council and those responsible for the honor bestowed upon him, which caught him by complete surprise when he was informed what was planned. It is a highlight of his life. 977 195 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 2~ 1990~ 5=30 P.M. RECESS= By general consent the Council recessed for 10 minutes to give those present in the Council Chamber an opportunity to congratulate Mr. Stephenson. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6=20 p.m.) Al6. 123/124: Authorizing the City Manager to execute an amendment to the employment agreement concerning Lynn Thompson's terms and conditions of employment as General Manager of the Convention Center, providing a subordination of the City's loan to a second trust deed acquired through Shearson Lehman, Hutton Mortgage, Inc. Al7. 123/163: Approving a Statement of Agreement with North Orange County Community College, in the amount of $11,000 for FY90-91, to allow the City to coordinate program activities for JTPA eligible clients enrolled through the NOCCCD 8% State Education Project, and authorizing the City Manager to approve said agreement and modifications. (Councilman Ehrle abstained.) 106: Approving the appropriation of $11,000 in revenues and expenditures. Al8. 123/164: Waiving Council Policy 401 and approving an agreement with Hughes, Heiss and Associates, in an amount not to exceed $50,000 for professional services to be performed on the Public Utilities Department Management Audit, as recommended by the Public Utilities Board at their meeting of September 20, 1990. Al9. 152/164: Authorizing the Mayor to apply to the Orange County Water District for a $750,000 loan to construct Well No. 49 at La Palma Pump Station Facilities, as recommended by the Public Utilities Board at their meeting held September 20, 1990. 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. 9OR-371 and 9OR--372 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 176. CONTINUED PUBLIC HEARING - ABANDONMENT NO. 89-2A: Request for abandonment submitted by E1 Vee, Inc., 200 West Midway Drive, Anaheim, California 92805. The request is 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. A public hearing was set for September 11, 1990. The attorney for the applicant requested a continuance of the public hearing to this date. 978 196 City Hallr Anaheimr California - COUNCIL MINUTES - October 2~ 1990~ 5:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 23 and August 30, 1990. Posting of property August 24, 1990. Report of the City Engineer dated July 19, 1990 was submitted recommending approval of said Abandonment subject to the payment of the appraised value of $120,000 or in an amount determined by the City Council in accordance with Council Policy No. 216. Mayor Hunter. Letter dated October 2, 1990 was received from the Law Offices of Farano and Kieviet, Agent for the applicant, listing certain requests, one being a request for a 60 day continuance. Tom Kieviet, Farano and Kieviet. They have been in negotiations with the Real Property Section concerning the Abandonment and have concluded that they would prefer to terminate the Abandonment proceedings. In order to do so in conjunction with the existing entitlements on the property, they may need to make a request to remove the abandonment condition contained in a reclassification. The 60 day continuance on the abandonment public hearing would give them an opportunity to complete their request for deletion of that abandonment condition. Richard Santo, Senior Real Property Agent. Staff has no objection to the requested continuation or with the deletion of the Abandonment. Mayor Hunter asked if anyone was present who was opposed to a continuation of the public hearing; there was no response. MOTION: Councilman Hunter moved to continue the public hearing on Abandonment No. 89-2A to Tuesday, November 27, 1990. Councilman Ehrle seconded the motion. MOTION CARRIED. 134: PUBLIC HEARING -- GENERAL PLAN AMENDMENT NO. 313 - AMENDMENT TO THE CITY'S HOUSING ELEMENT AND NEGATIVE DECLARATION: INITIATED BY:City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92805 REQUEST: To amend the Housing Element of the General Plan to consider incorporating additional information/clarification requested by the California Department of Housing and Community Development. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 313 granted (PC90-208) (7 yes votes). Negative Declaration approved. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 20, 1990. Mailing to property owners within 300 feet - September 19, 1990. Posting of property September 21, 1990. 979 ' 193 City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1990, 5:30 P.M. PLANNING STAFF INPUT= See staff report to the Planning Commission dated August 27, 1990. Eric Nicoll, Housing Development Manager. The subject General Plan Amendment request amends previous GPA No. 260 adopted November 14, 1989. It will incorporate some items that the State Housing and Community Development Department requested be added to the City's Housing Element in order to bring it into compliance with State Code. Mayor Hunter opened the public hearing and asked if anyone wished to speak; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and 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 Nos. 90R-373) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-373 for adoption, approving General Plan Amendment No. 313. Refer to Resolution Book. RESOLUTION NO. 90R-373: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE HOUSING ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 313. 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-373 duly passed and adopted 170: PUBLIC HEARING - WAIVER OF THE HILLSIDE GRADING ORDINANCE AS IT RELATES TO THE LOCATION OF LOT LINES ADJACENT TO SLOPES FOR REVISION TO GRADING PLAN NO. 705: LOCATION OF PROPERTY: 6615 and 6621 Canyon Hills Road. REQUEST: The petitioner requests waiver for revision to Grading Plan No. 705 per Section 17.06.290, of the requirement of the Hillside Grading Ordinance as it relates to the location of lot lines adjacent to slopes, Section 17.06.110.020 and Table 17-A. 980 194 City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1990, 5:30 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended that the City Council approve the request for waiver for revision to Grading Plan No. 705. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 20, 1990. Mailing to property owners within 300 feet - September 19, 1990. Posting of property September 21, 1990. ' STAFF INPUT: See staff report dated September 18, 1990 from the Director of Public Works/City Engineer, Gary Johnson, recommending that the waiver be granted. Art Daw, Deputy City Engineer. The request is for a waiver of the Hillside Grading Ordinance due to a lot line going within the slope. A Maintenance Agreement has been entered into between the affected property owners. The Homeowner's Association and the Engineering Department recommend approval. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak; there being no response, he closed the public hearing. MOTION: Councilman Pickler moved to approve the requested waiver for revision to Grading Plan No. 705 per Section 17.06.290 of the requirement of the Hillside Grading Ordinance as it relates to the lot lines adjacent to the slopes, Section 17.06.110.020 and Table 17-A. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 105: APPOINTMENTS TO THE ANAHEIM PRIVATE INDUSTRY COUNCIL (PIC): Accepting the recommendations of the Anaheim Chamber of Commerce and appointing two Members to the Anaheim Private Industry Council from the slate of nominees. Submitted was report dated October 2, 1990 from Marge Pritchard, Job Training Program Manager, recommending that the Council accept the recommendations of the Anaheim Chamber of Commerce and appoint two Members to PIC from the slate of nominees for the terms indicated (vacancies left by E. Comforti, 2-year term and L. Bowman, 4-year term). Councilman Ehrle nominated John Amador; Councilman Pickler nominated Bob Jordan. Councilman Hunter moved to close the nominations. Councilman Daly seconded the motion. MOTION CARRIED. Mr. John Amador was thereupon unanimously appointed to the Anaheim Private Industry Council for the two year term and Mr. Bob Jordan was thereupon unanimously appointed to the Anaheim Private Industry Council for the four year term. 178: APPOINTMENT TO THE METROPOLITAN WATER DISTRICT (MWD) OF SOUTHERN CALIFORNIA BOARD OF DIRECTORS: Appointing a representative to the Board of Directors of the Metropolitan Water District of Southern California to fill the current vacancy of Joseph Truxaw. 981 191 City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1990, 5:30 P.M. Councilman Daly. He would like a possible two week continuance of the subject appointment. A fairly late application was received and he would like an opportunity to talk to the applicant as well as a further opportunity to review the applications. Councilman Pickler noted that no one is presently serving as a representative from the City of Anaheim; Councilman Daly felt that an additional two weeks would not make a big difference. Councilman Daly moved to continue the appointment to the Metropolitan Water District to Tuesday, October 16, 1990. Councilman Hunter seconded the motion. MOTION CARRIED. 179: ITEMS B1 - Bll FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 10, 1990 - INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 2, 1990 B1. VARIANCE NO. 4073 AND MITIGATED NEGATIVE DECLARATION - TENTATIVE TRACT MAP NO. 14185: OWNER: ROBERT D. and HAROLDENE WIENS, 7536 Vista Del Sol, Anaheim, CA 92808 LOCATION: Property is approximately 11.91 acres located on the east side of Country Hill Road and approximately 334 feet east of the centerline of Country Hill Road and Vista Del Sol. Waiver of minimum lot width to establish a 20-lot plus I common lot RS-HS-22,000 (SC) subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4073 DENIED, without prejudice, (PC90-221) (7 yes votes). Dissapproved Mitigated Negative Declaration. NOTE: Tentative Tract 14185 Denied, without prejudice. This item appeared for information at the City Council meeting of September 18, 1990, Item B12. No action was taken by City Council, and the appeal period expired September 20, 1990. B2. RECLASSIFICATION NO. 90-91-08 - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3328 AND NEGATIVE DECLARATION: OWNER: FRANK GONZALEZ, 338 E. Valencia, Fullerton, CA 92632 AGENT: SEAN WHALING, 133 W. Chapman, Ste. I Fullerton, CA 92632 LOCATION: 1129 North Lemon Street. Property is approximately 0.1 acre located on the west side of Lemon Street and approximately 400 feet north of the centerline of Anaheim Blvd. To permit a tire shop with installation with waiver of minimum building setback. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-08 GRANTED, (PC90-222) (7 yes votes). Granted waiver of minimum building setback (6 yes votes, i no vote). CUP NO. 3328 GRANTED (PC90-223) with the condition that landscape plans would be approved by the Planning Department (6 yes votes, 1 no vote). Approved Negative Declaration. 982 192 City Hall, Anaheim, California - COUNCIL MINUTES - October 2, 1990, 5:30 P.M. Councilwoman Kaywood posed a question relative to the setback Avenue noting the applicant was granted a zero setback. The matter was trailed to later in the meeting for a response by staff (6:35). Later in the meeting (6:47) Annika Santalahti, Zoning Administrator, explained that the variance for the setback was granted for zero to 20 feet and the Commission added other conditions, one being that specific landscape plans be submitted and approved prior to a building permit being issued. The zero setback is not for the entire length. Specific plans will be submitted. No action was taken on the above item. B3. RECLASSIFICATION NO. 90-91-11 AND NEGATIVE DECLARATION: OWNER: HILLMAN PROPERTIES WEST, 450 Newport Center Drive, Ste. 304, Newport Beach, CA 92660 AGENT: CITY of ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA 92803 LOCATION: Property is approximately 11.5 acres located southeast side of Katella Ave. and immediately northeast of the Atchison, Topeka and Santa Fe Railroad, and riqht-of-way. CR(Commercial Recreational) to CO(Commercial Office and Professional) or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-11 APPROVED (PC90-224) (7 yes votes). Approved Negative Declaration. B4. ENVIRONMENTAL IMPACT REPORT NO.273 (PREVIOUSLY CERTIFIED) SPECIMEN TREE REMOVAL NO. 90-04 OWNER: PRESLEY OF SOUTHERN CALIFORNIA, P.O. Box 6110, Newport Beach, CA 92658-6110 LOCATION: Subject property comprises approximately 100.7 acres of the northwesterly portion of The Highlands at Anaheim Hills, generally bounded on the north by East Hills Planned Community on the east by The Highlands Development Areas 3, 6 and 7, on the southwest by the existing Anaheim Hills Planned Co~mlunity and the Mohler Drive residential area and further described as The Highlands at Anaheim Hills ~pe¢ifi¢ Plan ($P87-1) Development Areas 2 and 5. Petitioner requests the removal of one (1) specimen tree under authority of Code Section 18.84.038.040 in conjunction with Phase III mass grading for Tract 12687 and Development Areas 2 and 5. ACTION TAKEN BY THE PLANNING COMMISSION: Specimen Tree Removal No. 90-04 APPROVED (7 yes votes). B5. RECLASSIFICATION NO. 90-91-92, CONDITIONAL USE PERMIT NO. 3322 AND NEGATIVE DECLARATION: OWNER: GORDON R. HANSHAW, 10921 Westminster Ave., Garden Grove, CA 92683 AGENT: KARL A. KORDIK, 10921 Westminster Ave., Garden Grove, CA 92683 LOCATION: 2897 West Lincoln Ave. Property is approximately 1.3 acres located at the northeast corner of Lincoln Ave. and Be1 Air Street. 983 189 City Hall~ Anaheimf California - COUNCIL MINUTES - October 2~ 1990, 5:30 P.M. For a change in zone from CH to CL, and to permit an air rifle and pistol range. ACTION TAKEN BY THE PLANNING COMMISSION= Reclassification No. 90-91-92 GRANTED (PC90-225) (7 yes votes). CUP NO. 3322 DENIED (PC90-226) (6 yes votes, I no vote). Approved Negative Declaration. Letter of appeal submitted by the agent, Wayne Rorick. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B6. WAIVER OF CODE REQUIREMENTS - CONDITIONAL USE PERMIT NO. 3331 AND MITIGATED NEGATIVE DECLARATION: OWNER: JAY RICHARD CADES, 847 S. East Street, Anaheim, CA 92805 AGENT: BUDD B. WARSHAUER, 18743 Elmwood Lane, Huntington Beach, CA 92646 LOCATION: 847 South East Street. Property is approximately 3.7 acres located on the west side of East Street and approximately 591 feet south of the centerline of South Street. To permit outdoor storage of chemicals with waivers of: (a) minimum number of parking spaces (APPROVED) and (b) required enclosure of outdoor uses (DENIED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3331 GRANTED, IN PART, for a 60 day period, allowing concrete containment area to be constructed (PC90-227) waiver (a) minimum number of parking space (APPROVED), and (b) required enclosure of outdoor uses (DENIED). (7 yes votes). Approved Mitigated Negative Declaration. Councilman Pickler expressed a concern with this item since there had been problems in the past. Annika Santalahti, Zoning Administrator. She explained that the approval is for only 60 days. The Co~r~nission was equally concerned and felt there was some on-site situations that could be cleared up to bring the business further into compliance along with appropriate Fire Department regulations. The Commission was unwilling to grant the Conditional Use Permit for a longer period. Everything is to be resolved in 60 days and at that point, the applicant can file another CUP. No action was taken on the above item. B7. WAIVER OF CODE REQUIHEMENTSt CONDITIONAL USE PERMIT NO. 3332 AND NEGATIVE DECLARATION: OWNER: JAMES EDMONDSON, 1380 S. Harbor Blvd., Anaheim, CA 92802 AGENT: ARROW INVESTMENT COMPANY, Attn: Frank Startup, 15865 "B" Gale Ave., ~1122, Industry, CA 91745 LOCATION: 1414 S. Harbor Blvd. Property is approximately 2.2 acres located south and east of the southeast corner of Manchester Ave., and Harbor Blvd. 984 190 City Hallt Anaheim, California - COUNCIL MINUTES - October 2t 1990~ 5:30 P.M. To permit a banquet/meeting room facility and on-sale alcoholic beverage with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3332 GRANTED (PC90-228) subject to elimination of pole signs and improved landscaping (7 yes votes). Waiver of code requirement GRANTED (parking waiver). Approved Negative Declaration. B8. ENVIRONMENTAL IMPACT REPORT NO. 300 (PREVIOUSLY CERTIFIEDIt CONDITIONAL USE PERMIT NO. 3333: OWNER: TRAMMEL CROW COMPANY, P.O. Box 200, Bloomfield Hills, NJ 48303 AGENT: BSG ANAHEIM A LIMITED PARTNERSHIP, Attn: R.M. Fiscus, 625 The City Drive, Ste. 110, Orange, CA 92668 LOCATION: Property is approximately 85 acres located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road. To permit a convenience food store and carwash in a previously approved service station. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3333 GRANTED (PC90-229) (7 yes votes). B9. WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3334 AND NEGATIVE DECLARATION: OWNER: CALIFORNIA DRIVE-IN THEATRES INC., 120 N. Robertson Blvd., Los Angeles, CA 90048 LOCATION: 1520 North Lemon Street. Property is approximately 24.9 acres located at the southeast corner of Lemon Street and Durst Street. To permit an outdoor swap meet with waivers of minimum landscaped setback and maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN by the Applicant. B10. VARIANCE NO. 4063 AND NEGATIVE DECLARATION: OWNER: ESTATE OF HELEN FUGUAY, c/o ARTHUR W. GRAY/DORIS SMITH, 914 West Lincoln, Anaheim, CA AGENT: ANDREW HOMES INC., Attn: Markram Nawar, 4400 Mac Arthur Blvd., 9th Floor, Newport Beach, CA 92660 LOCATION: 3238 West Ball Road. Property is approximately 1.1 acres located on the south side of Ball Road and approximately 530 feet east of the centerline of Oakhaven Drive. Waivers of minimum building site area per unit and minimum landscaped area to establish a 14-unit condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4063 DENIED (PC90-230) (5 yes votes, 2 no votes). Negative Declaration Approved. 985 187 City Ma~, Anaheim. California - COUNCIL MINUTES - October 2, 1990, 5:30 p.M. NOTE: Tentative Tract Map No. 14391 was continued to the Planning Commission meeting of 10/8/90. Bll. CONDITIONAL USE PERMIT NO. 2973 AND NEGATIVE DECLARATION PREVIOUSLY CERTIFIED): OWNER: ORKIN INC., c/o THRIFTY OIL CO., Attn: A.W. Johnson Jr., 10000 Lakewood Blvd., Downey, CA 90240 LOCATION: 304 S. Maqnolia Ave. Property is approximately 0.52 acre located at the southeast corner of Broadway and Magnolia Ave. To amend conditions of approval to allow off-sale beer and wine at a gasoline service station. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2973 DENIED (PC90-231) 6 yes votes, 1 no vote). The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. End of the Planning Commission Items. MOTIONS CARRIED. 179: ORDINANCE NOS. 5178 THROUGH 5180 - ADOPTION: (1) Amending Title 18 to rezone property under Reclassification No. 89-90-54 located at 730-810 North Loara Street, from the RM-1200 zone to the RM-2400 zone; (2) amending Title 18 to rezone property under Reclassification No. 89-90-55 located on the north side of Juno Avenue and Juno Place, beginning at the alley at the western terminus of Juno Avenue and extending east to the easterly terminus of Juno Place, and that area located on the n~rth side of Ball Road, having a frontage of approximately 469 feet on the north side of Ball Road and extending north approximately 1,270 feet and being located approximately 195 feet east of the centerline of Brookhurst Street, from the RM-1200 zone to the RM-2400 zone; and (3) amending Title 18 to rezone property under Reclassification No. 89-90-56 located at 1920 South Euclid Street, from the RM-1200 zone to the RM-2400 zone. WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5178 through 5180, both inclusive, for adoption) Councilman Hunter moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Ordinance Nos. 5178 through 5180, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 5178: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclass. No. 89-90-54) ORDINANCE NO. 5179: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclass. No. 89-90-55) 986 188 City Hal~ Anaheimt California - COUNCIL MINUTES - October 2t 1990, 5=30 P.M. ORDINANCE NO. 5180: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclass. No. 89-90-56) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance Nos. 5178 through 5180, both inclusive, duly passed and adopted. 170: TENTATIVE TRACT MAP NO. 14334 AND NEGATIVE DECLARATION - REQUEST FOR REHEARING: OWNER: Craig & Sharon Painter 671 Corto Road, Anaheim, CA 92808 AGENT: Anacal Engineering Co., 1900 E. La Palma Avenue, Ste. 202, Anaheim, CA 92803-3668 LOCATION: 371 Timken Road. the terminus of Timken Road. subdivision. Property is approximately 2.56 acres located at To establish a 5-lot, RS-HS-22,000 (SC) zone ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14334 approved; (4 yes votes, i no vote, I absent, and I vacant.); Negative Declaration approved. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly at the meeting of July 24, 1990, Item B19. At the meeting of September 11, 1990, Item D1, the City Council Approved Tentative Tract map No. 14334. Request for rehearing submitted by Farano & Kieviet. Letter dated September 17, 1990 was received from the Law Offices of Farano and Kieviet, representing Mr. Dean Heskith, owner of the property located at 330 Timken Road requesting a rehearing on the subject Tentative Tract Map which was approved by the Council at their meeting of September 11, 1990. The location of the subject property covered by the Tentative Tract Map is at 371 Timken Road (2.56 acres) to establish a 5-lot, RS-HS-22,000 (SC) zone subdivision. The Planning Commission approved the Tentative Tract Map and a review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly at the meeting of July 24, 1990 and a public hearing scheduled for September 11, 1990 where the map was approved by the Council. The September 17, 1990 letter outlines the reasons for the rehearing request. Councilwoman Kaywood moved to approve the request for a rehearing on Tentative Tract No. 14334 and Negative Declaration. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Ehrle stated that he voted to deny approval previously but has no problem listening to new information. 987 185 City Hall~ Anaheim. California - COUNCIL MINUTES - October 2~ 1990~ 5=30 P.M. A vote was then taken on the foregoing motion. MOTION CARRIED. 134: ORANGE COUNTY SOCIAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN= The property is located at 3320 East La Palma Avenue. The Orange County Social Services Agency is proposing to lease approximately 110,000 square feet of office space at that location to provide administrative office space for the Agency's North District Financial Aid Office staff and clients. The Planning Con~nission at its meeting of August 27, 1990 determined that the proposed use was not in conformance with the City of Anaheim General Plan. This item was subsequently continued from the Council meeting of September 18, 1990 at the request of Phil Schwartze, PRS Group. At that time, the City Council vacated the Planning Commission decision and set the matter this date for Council determination. MOTION= Councilman Pickler moved that the Council endorse the proposed lease between the County of Orange and Dominion La Palma Partners of the exisiting building at 3320 East La Palma Avenue for the proposed uses as previously enumerated by the County and direct that the City Attorney work with Dominion La Palma Partners and the County to resolve the General Plan conformity issue. Councilwoman Kaywood seconded the motion. Before action was taken, Councilman Hunter asked if there was a recommendation from staff on this matter. Joel Fick, Planning Director. The Planning Commission did review the item under reports and recommendations at the August 27, 1990 Planning Commission mee'~£ng. Since it was an office use within the Industrial Area, and because the zoni~g code does not authorize that use in the Industrial Zone, the Planning Commission made a finding that it was not in compliance. There was also follow-up discussion whether such uses should be incorporated into areas such as the Canyon Industrial area. The Planning Commission is exploring the issue further with Redevelopment staff. A vote was then taken on the foregoing motion and carried unanimously. 185: ANNUAL REVIEW OF DEVELOPMENT AGREEMENT NO. 88-03 BETWEEN THE CITY OF ANAHEIM AND THE BALDWIN COMPANY (THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN {SP88-21): Submitted was report dated September 21, 1990 from the Planning Division Manager that the Council determine, on the basis of the extension submitted by the Baldwin Company (see their letter dated September 17, 1990 from David W. Graf, Vice President) that the Company has complied in good faith with the terms and conditions of Development Agreement No. 88-03 for the 1989-90 period under review. Councilman Hunter moved that the Baldwin Company has complied in good faith with the terms and conditions of Development Agreement .No. 88-03 for the 1989-90 period under review. Councilman Ehrle seconded the motion. MOTION CARRIED. 107: SATELLITE MOBILE HOME PARK - KEEP CLEAR LANE: Mayor Hunter reported that he was down by the Satellite Mobile Home Park on Haster Street at Katella. The residents of the Park cannot get in or out of the Park at almost any time because traffic back~ up in front of the Park's driveway. If a Keep Clear lane 988 186 City Hallm Anaheim, California - COUNCIL MINUTES - October 2m 1990, 5:30 P.M. is striped in front of the driveway, it will alleviate the situation. The residents indicated they had spoken with the Traffic Engineer who in the past indicated that a lane would be striped. The Mayor requested that it be done as soon as possible. ITEMS OF PUBLIC INTEREST= Rolland Davies, 725 North Bush. He is present again to ask for help from the Council to get more Police patrols and Code Enforcement in their area. There are a number of shootings on a daily basis. The residents feel with a few more patrols such incidents will go down. Tish Jorgenson, B & B Property. There was an item before the Council earlier (Item All under the City Manager's Consent Calendar) regarding the sale of an abandoned lot on Old Santa Aha Canyon Road. She has been working with the City's Real Property Section since her Company is interested in purchasing the property. She asked what the Council's decision was on the matter. City Attorney White reported that the proposed sale was approved along with other actions pertaining thereto. ADJOURNMENT: Councilman Pickler moved to adjourn. the motion. MOTION CARRIED. (6=48 p.m.) Councilman Hunter seconded LEONORA N. SOHL, CITY CLERK 989