1990/12/11City Hall. Anaheim. California - COUNCIL MINUTES - December 11, 1990r 5:30 P.M.
The City Council of the City of Anaheim met in regular session
PRESENT=
ABSENT=
PRESENT=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
CITY MANAGER=
CITY ATTORNEY:
CITY CLERK:
TRAFFIC ENGINEER=
PLANNING DIRECTOR:
ZONING ADMINISTRATOR:
HUMAN RESOURCES DIRECTOR=
P D & A MANAGER:
MANAGEMENT AUDITOR II:
Simpson, Daly, Pickler, Ehrle, Hunter
None
James Ruth
Jack White
Leonora N. Sohl
Paul Singer
Joel Fick
Annika Santalahti
David Morgan
Ken Stone
Susan Grabemeyer-Grande
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:45 p.m. on December 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.
REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
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.
be
To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
To consider and take possible action upon personnel matters pursuant
to Government Code Section 54957.
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.
To meet with its Negotiator regarding the possible purchase of land
located at 400 Freedman Way, Anaheim, California from Melodyland
Church, Inc.
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City Hallt Anaheim, California - COUNCIL MINUTES - December 11, 1990t 5:30 P.M.
To confer with its attorney regarding potential litigation pursuant to
Government Code Section 54956.9(b)(1).
To consider and take possible action upon such other matters as are
orally announced by the City Attorney, City Manager or City Council
prior to such recess unless the motion to recess indicates any of the
matters will not be considered in closed session.
AFTER RECESS:
being present,
(5:38 p.m.)
Mayor Hunter called the meeting to order, all Council Members
and welcomed those in attendance to the Council meeting.
INVOCATION: Pastor Bryan Crow, Garden Church, gave the Invocation.
FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - CERTIFICATE OF RECOGNITION: A Certificate of Recognition
was presented by Councilman Bob Simpson to Rick Gastil for his four years of
service on the Community Services Board. He was commended for the time he had
given to the betterment of the Anaheim community.
119: PRESENTATION - CERTIFICATE OF RECOGNITION: A Certificate of Recognition
was presented by Mayor Hunter to Jack Vion, husband of Betty Vion, for her
three years of service on the Community Services Board. On behalf of the
Council and the citizens, Mayor Hunter posthumously commended Betty for the
time she had given to the betterment of the Anaheim community and noted that
she would be missed.
119: PRESENTATION - CERTIFICATE OF RECOGNITION: A Certificate of Recognition
was presented by Councilman Pickler to E. Chuck McBurney for his nine years of
service on the City's Planning Commission. He was commended for the time and
effort he had given as a Planning Commissioner. The Council thanked him on
behalf of the City and the citizens of Anaheim.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Mr. Ray Herbert,
captain, congratulating the Anaheim Cricket Club upon winning the Williamson
Knock-out Competition Cup. Mr. Herbert was accompanied by five members of the
team.
119: DECLARATION OF RECOGNITION - PAUL SINGER:
A Declaration of Recognition was unanimously adopted by the City Council and
presented to Paul Singer, the City's Traffic Engineer, retiring after over 23
years of service to the City. Mayor Hunter and Council Members personally
congratulated, commended and thanked Mr. Singer for what he had brought to the
City, his expertise in the field of Traffic Engineering, and for his long
service to the City and citizens of Anaheim. After brief parting comments from
Mr. Singer, he received a standing ovation from the Council and Chamber
audience.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 p.M.
~19: PEDESTRIAN SAFETY AWARD: Mr. Keith Corzine, President, Anaheim office of
the Automobile Club of Southern California accompanied by Lt. Steve Brace,
Anaheim Traffic Bureau, then presented a Pedestrian Safety Award to the City of
Anaheim from the Automobile Club of Southern California for the outstanding
record set by Anaheim, which Mr. Corzine explained was a combination of the
Police Department, Traffic Engineering Department/Paul Singer and the City
Council working in concert. Last year the City won the Grand Award, the top in
the United States and this year received another outstanding award.
The award was accepted on behalf of the City by Police Chief Molloy and Paul
Singer.
MINUTES; Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,618,753.06 for the week
ending December 7, 1990, in accordance with the 1990-91 budget, were approved.
CITY MANAGER{DEPARTMENTAL CONSENT CALENDAR: 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-430 through 90R-435, both inclusive, for adoption. Refer
to Resolution Book. Councilman Pickler offered Ordinance Nos. 5192 and 5193
for first reading and Ordinance No. 5187 for adoption.
Al. 118= The following claims were filed against the City and action taken as
recommended~
Claims rejected and referred to Risk Management:
a. Claim submitted by Sandra Pyle for Sidney Foster for bodily injury
sustained purportedly due to actions of the City on or about July 22, 1990.
b. Claim submitted by Pacific Bell for property damage sustained
purportedly due to actions of the City on or about April 3, 1990.
c. Claim submitted by Ismael Duran Cortez for property damage
sustained purportedly due to actions of the City on or about October 21, 1990.
A2. 105~ Receiving and filing mlnutea of the Colf Advisory Commission meeting
held September 26, 1990.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of October, 1990.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held October 24, 1990.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held November 14, 1990.
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City Mall, Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
A3. 158: Authorizing the payment of $9,300 to Canex Investments, for
additional modifications to their building located at 619 North Anaheim
Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-26).
A4. 176: RESOLUTION NO. 90R-430: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM VACATING THOSE STREETS AND ALLEYS IN THE AREA BOUNDED BY
CYPRESS STREET, OLIVE STREET, LINCOLN AVENUE, AND THE SANTA FE RAILROAD AND THE
AREA BOUNDED BY CENTER STREET, LINCOLN AVENUE AND THE SANTA FE RAILROAD - THE
LINCOLN VILLAGE PROJECT, AND AMENDING RESOLUTION NO. 90R-351 NUNC PROP TUNC.
(90-15A.)
AS. 176: RESOLUTION NO. 90R-431: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (90-11A). (That certain public alley
extending easterly from the intersection of Clifton Avenue and Claudina Street
then northerly parallel to Clifton Avenue, then westerly generally to the
intersection of Philadelphia Street and Clifton Avenue.) (Suggested public
hearing date: January 8, 1991.)
A6. 160: Accepting the low bid of Hansel Oldsmobile/GMC, Inc., in the amount
of $93,662.49 for eight compact trucks (five with super cab configuration and
three with standard cab configuration) in accordance with bid proposal ~4882.
A7. 123: RESOLUTION NO. 90R-432: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANANEIM APPROVING THE TERMS AND CONDITIONS OF THE SECOND AMENDMENT TO
COOPERATION AGREEMENT NO. 29 FOR RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS WITH THE
ANAHEIM REDEVELOPMENT AGENCY. (Widening and reconstruction of Anaheim
Boulevard from Lemon to Cypress Streets.)
AS. 150: Instructing the Mayor to sign the Representative Designation Form in
support of the City's involvement in the National Organization on Disability,
and designating the Recreation Supervisor/Youth Services as the Community
Partner - Representative.
A9. 129: ORDINANCE NO. 5192 (INTRODUCTION): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.10 OF TITLE 6 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO THE DISCLOSURE OF HAZARDOUS MATERIALS.
Al0. 123: Approving an agreement with Resource Management International,
Inc., (RMI) at a total cost not-to-exceed $798,994 to provide project
management and preliminary engineering services for the Adelanto-Lugo
Transmission Project, and directing the Public Utilities General Manager to
execute said agreement.
All. 175: Approving the Western Systems Power Pool Agreement and authorizing
the Public Utilities General Manager to execute said agreement and other
enabling documents, as recommended by the Public Utilities Board at its special
meeting held November 26, 1990.
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City Hallt Anaheimt California - COUNCIL MINUTES - December 11. 1990~ 5:30 P.M.
A12. 158: RESOLUTION NO. 90R-433: ARESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A13. 149: ORDINANCE NO. 5187: AH ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 14 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT STOPPING ON A PORTION OF
AVENIDA DE SANTIAGO.
A14. 123: Approving a Memorandum of Lease Extension with the Cal America
Capital Corporation at $3,362.43 per month for space occupied by the Job
Training Program in the Bank of America Tower located at 300 South Harbor
Boulevard, Suite 612.
A15. 123: Approving a SecondAmendment to Exhibition Agreement with Orange
County Sports Association, and authorizing the Mayor to sign said Second
Amendment to Agreement.
A16. 123: Approving an Assignment, Assumption, and Consent Agreement with
Freedom Bowl, Inc., and Orange County Sports Association to transfer the
Freedom Bowl's rights and obligations to the new organization, Orange County
Sports Association, and authorizing the Mayor to sign said agreement.
A17. 114: Approving the revised meeting format as recommended, and changing
the regular meeting time to 3:00 p.m., effective January 18, 1991.
114: ORDINANCE NO. 5193 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SUBSECTION .010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE i OF THE
ANAHEIM MUNICIPAL CODE RELATING TO MEETINGS OF THE CITY COUNCIL.
A18. 179: Approving the report reviewing the status and progress of the
planning efforts relating to the proposed Specific Plan for the
Commercial-Recreation Area.
A19. 170: Approving the Lot Line Adjustment Plat No. 240 and authorizing the
Mayor and City Clerk to execute same.
A20. 153: MEMO~3%NDUM OF UNDERSTANDING - ANAHEIM FIREFIGHTERS: Garry McRae,
Labor Relations Director. He is pleased to recommend to the Council that they
adopt a resolution adopting the Memorandum of Understanding with the Anaheim
Firefigh:er8 Asso¢iati0n which will be in effect from July 6, 1990 to January
1, 1993, a 30 month agreement. He then recognized the hard work and effort put
forth by the bargaining committee for the Anaheim Firefighters Association whom
he named individually.
RESOLUTION NO. 90R-434: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A NEW MEMORANDUM OF UNDERSTANDING ESTABLISHING THE TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE
ANAHEIM FIHEFIGHTERS ASSOCIATION, LOCAL NO. 2899.
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City Hallt Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
A21. 153= Authorizing a one-time accrued vacation buy-out for management,
confidential and non-represented part-time employees.
RESOLUTION NO. 90R-435= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AGREEMENT BETWEEN THE INTERNATIONAL BROTHEPJ~OOD OF
ELECTRICAL WORKERS LOCAL NO. 47 AND THE CITY OF ANAHEIM.
Roll Call Vote (Resolution Nos. 90R-430 through 90R-435, both inclusive)=
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES= COUNCIL MEMEERS: None
ABSENT~ COUNCIL MEMBERS= None
The Mayor declared Resolution Nos. 90R-430 through 90R-435, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
105= APPOINTMENT TO THE HOUSING COMMISSION AND COMMUNITY REDEVELOPMENT
COMMISSION= (1) Appointment to the Housing Commission to fill the current
vacancy for Tenant Commissioner left by Michael Gordon - term expires June 30,
1992. (2) Appointment to the Community Redevelopment Commission to fill the
unscheduled vacancy left by Donna Berry - term expires June 30, 1994. (This
matter was continued from the meetings of November 13 and 27, 1990, to this
date.)
MOTION= Councilman Hunter moved to continue the subject appointments until
Tuesday, January 15, 1991. Councilman Daly seconded the motion. MOTION
CARRIED.
179: ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF NOVEMRFR 19, 1990 -
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 11, 1990:
B1. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3355 AND NEGATIVE.
DECLARATION:
OWNER= ASBESTEL - APPLIED, 214 Cooper Center, Pennsaueken, New Jersey
08109.
AGENT: MEL BULLINGER, 520 West Whittier Boulevard, Montebello, CA
90640
LOCATION: 1295 North Kra~mer Boulevard. Property is approximately
0.48 acre located at the southwest corner of Miraloma Avenue and
Kraemer Boulevard.
To permit a retail and wholesale carpet business with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No.3355 GRANTED (PC90-261) (7 yes votes).
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Citv Hall. Anaheim. California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
Waiver of Code Requirement APPROVED.
Approved Negative Declaration.
Councilman Pickler. He expressed concern with putting retail use in the
industrial zone as he has done in the past and would like the matter set for a.
public hearing. Me considers Kraemer and La Palma to be one of the most
critical intersections and this will be bringing retail to an area where it
does not belong.
Mayor Hunter. He noted that having just traveled La Palma and Lakeview to
bring his car in for service, every single industrial building has a "For
Lease" sign. A lot of the industry is not in that area. Perhaps it is time to
look at the situation.
Annika Santalahti, Zoning Administrator. In this case, the business owner
indicated that a very high percentage of the business was going to be wholesale
with minimal retail. There is also a condition in the resolution that no
temporary advertising would be permitted on the property at all.
Joel Fick, Planning Director. One additional point, Redevelopment staff is
conducting a comprehensive study of all the retail uses in the industrial
area. They are very much on top of the issue and will be reporting their
findings to the Council in the near future.
Lisa Stipkovich, Executive Director for Community Development. Redevelopment
Agency staff is making a presentation of some of the data base to the
Redevelopment Commission next Wednesday at their meeting. They also hope to
get a preliminary report to the Council on that data base sometime in January
and subsequently make recommendations on land uses and traffic impacts. A
comprehensive team is reviewing all the issues in that area - CUPs, traffic
patterns, etc., exactly what the current trends are in terms of land uses.
They are going to be looking at the economics as well. It is a study being
done through funding from Redevelopment and primarily for the industrial area
but it does incorporate what the City calls the Canyon Industrial Area which is
a little larger than the Redevelopment area. That whole area is being
studied.
No further action was taken by the Council on this item.
B2. VARIANCE NO.
OWNER:
AGENT:
4093 AND NEGATIVE DECLARATION~
RICHARD LEWIS, 855 South Claudina Street, Anaheim, CA 92805
SAM H. ISAK, 1240 North Van Buren, #113, Anaheim, CA 92807
LOCATION: 855 South Claudina Street. Property is approximately 0.16
acre located at the southwest corner of Valencia Street and Claudina
Street.
Waivers of minimum building site area per dwelling unit, minimum
structural setback, minimum required yard, minimum number of parking
1154
Citg Hall. Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
spaces, required vehicle access and permitted encroachment into
required yards to construct a 2-unit apartment building in conjunction
with an existing single-family residence.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4093 DENIED (PC90-262) (6 yes votes,
Approved Negative Declaration.
i abstained).
B3. EXTENSION OF TIME - VARIANCE NO. 2194 AND NEGATIVE DECLARATION:
OWNER:
AGENT:
92642
ETHEL MYERS, 529 Victoria Avenue, Venice, CA 90291
RICKS PALLET REPAIR SERVICES, P.O. Box 4161, Garden Grove,
CA
LOCATION: 1521 North Miller Street. Property is approximately
2 acres located on the west side of Miller Street approximately
563 feet south of the centerline of Orangethorpe Avenue.
Request for an extension of time for waiver of maximum fence height to
retain outdoor storage of pallets.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2194 Extension of Time GRANTED for 2 years, to expire
8/20/92 (PC90-263) (7 yes votes).
Approved Negative Declaration.
The Planning Commission's decision was appealed and therefore, a public hearing
will be scheduled at a later date.
B4.
CONDITIONAL USE PERMIT NO. 3361, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: MICHAEL D. MYERS ET AL, 4002 Morningstar Drive, Huntington
Beach, CA 92649
AGENT: ALLEN R. LOISELLE, P. O. Box 4161, Garden Grove, CA 92670
LOCATION: 1521 North Miller Street. Property is approximately 2.0
acres located on the west side of Miller Street and approximately 563
feet south of the centerline of Orangethorpe Avenue.
To retain a temporary office trailer.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3361 GRANTED for two years (to expire 8/20/92)
(7 yes v0tes).
(PC90-264)
The Planning Commission's decision was appealed and therefore, a public hearing
will be scheduled at a later date.
B5.
VARIANCE NO. 4096, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: STERIK CO., 828 Moraga Drive, Bel Air, CA 90049
AGENT: SIRIANNI ENTERPRISE, 430 Lexington Street, Auburndale,
Massacusetts 02166; HEATH COMPANY, 3225 Lacy Street, Los Angeles, CA
90031
1155
City Ha~lr Anaheimr California - COUNCIL HINUTES - December 11~ 1990, 5=30 P.M.
LOCATION: 88 East Oranqethorpe Avenue. Property is approximately
10.1 acres located at the southeast corner of Lemon Street and
Orangethorpe Avenue.
Waiver of maximum area of freestanding signs to add a 68 square-foot
cabinet to an existing 340 square foot pole sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4096 GRANTED (PC90-265) (4 yes votes, 3 no votes).
B6.
CONDITIONAL USE pERMIT NO. 3287 AND NEGATIVE DECLARATION:
OWNER: PLOTKIN-ROSEN DEVELOPMENT, Attention: Jeff Rosen, 19772
MacArthur Boulevard, #201, Irvine, CA 92715
AGENT: GRIMMWAY DEVELOPMENT, Attention: June Hally, 2411 East
Pacific Coast Highway, ~300, Corona Del Mar, CA 92625
LOCATION: 810 North Euclid Street. Property is approximately 0.46
acres located on the east side of Euclid Street and approximately 240
feet south of the centerline of Catalpa Drive.
To delete a condition of approval pertaining to vehicular access
rights.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3287 GRANTED (PC90-266)
Negative Declaration Approved.
(7 yes votes).
B7.
RECLASSIFICATION NO. 90-91-16 AND NEGATIVE DECLARATION:
OWNER: INITIATED BY THE CITY OF ANAHEIM, 200 South Anaheim Boulevard,
Anaheim, CA 92803
LOCATION: Property is approximately 96 acres generally bounded by
La Palma Avenue to the north, the Union Pacific Railroad right-of-way
to the east, Cypress Street to the south and Anaheim Boulevard to the
west, excluding those properties which front on Anaheim Boulevard or
La Palma Avenue, and further excluding the area generally bounded by
Wilhelmina Street to the north, the Union Pacific Railroad
right-of-way to the east, Sycamore Street to the south and Sabina
Street to the west.
A City-initiated reclassification of subject area from the RM-2400
(Residential, Multiple-Family) and PD-C/RM-2400 (Parking
District-Commercial/RM-2400 Zones to the RS-5000 (Residential,
single-family Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 90-91-16 GRANTED to RM-5000 (6 yes votes,
i abstained).
Approved Negative Declaration.
The Planning Commission's decision was appealed and therefore, a public hearing
will be scheduled at a later date.
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City Hall. Anaheim, California - COUNCIL MINUTES - December 11. 1990, 5:30 P.M.
REPORTS AND RECOMMENDATIONS:
B8. CODE AMENDMENT PERTAINING TO LANDSCAPE REQUIREMENTS FOR DECK TYPE HOUSING
DEVELOPMENTS:
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED.
Councilman Hunter offered Ordinance No. 5194 for introduction. Refer to
Ordinance Book.
ORDINANCE NO. 5194: AN ORDINANCE OF THE CiTY OF ANANEIMAMENDING
SUBSECTION .020 OF SECTION 18.96.039 OF CHAPTER 18.96 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NO. 4086, NUNC PRO TUNC.
B9. 134: ORANGE COUNTY SOCIAL SERVICES AGENCY - REQUEST TO DETERMINE
CONFORMANCE WITH THE GENERAL PLAN - PROPERTY IS LOCATED AT 1535 EAST ORANGEWOOD
AVENUE.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED.
ITEM B10 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 3, 1990 - INFORMATION
ONLY - APPEAL PERIOD ENDS DECEMBER 13, 1990:
BiO. 170: TENTATIVE TRACT MAP NO. 14406 AND NEGATIVE DECLARATION:
OWNER: DMP PARTNERSHIP, 1524 Victoria Way, Placentia, CA 92670
AGENT: MASSOUD MONSNIZADEH, 1524 Victoria Way, Placentia, CA 92670
LOCATION/REQUEST: 1575 West Katella Avenue. Property is
approximately 221 acres located on the north side of Katella Avenue
and approximately 314 feet east of the centerline of Carnelian Street.
The request is to establish a 40-unit, RM-2400 (Residential,
Multiple-Family) zone condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract No. 14406 DENIED.
Annika Santalahti, Zoning Administrator, first explained for Councilman Pickler
that 6 out of 7 Planning Commissioners were still concerned with the project
over-all and still felt it should be denied.
City Attorney White. Legally these are two separate processes and there may be
in some cases reasons which do not come before the City Council on the zoning
action that would come into play in connection with the configuration of the
lots for the Tract Map. The fact that the Council has approved the zoning does
not necessarily mean that the Council will approve the Tract Map. He does not
know specifically the reasoning behind the Planning Commission's action on this
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City Hall, Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
project. If the Council is concerned, one recourse is to set it for a public
hearing.
Councilman Pickler. The Council had previously discussed the density on the
project and it was subsequently approved with the proposed density. He
thereupon requested that the matter be set for a public hearing. Councilman
Ehrle seconded the request. Therefore, a public hearing will be held at a
later date.
Councilman Daly asked if this was the final policy matter to be considered in
relation with the project.
City Attorney White stated he was advised this is the last one.
Annika Santalahti. Next Tuesday on the Council agenda corrections will be
submitted to the resolution on the Council's action on the project under the
CUP which had been discussed with staff. Hopefully that is the last other than
the subject Tract Map.
Councilman Daly asked then if they needed to have another public hearing on the
project.
City Attorney White. State law requires that Tract Maps follow the progress
outlined in both the Subdivision Map Act and the City's Ordinance. His
recollection is that it does prescribe a public hearing.
Mayor Hunter. One of the things he would like to see done, but not setting a
date at this time, is to have joint workshops with the Planning Commission. He
feels the Council and Planning Commission need to be more in sync. The
Commission needs to know the Council's basic philosophy. He wants to prevent
what he considers so many unnecessary public hearing.
Councilman Pickler. He has no problems with workshops but he would never say
the Planning Commission needs to be in sync with the Council. If the Council
is going to give directions to the Planning Commission, then they do not need a
Planning Commission. The Council should not at any time dictate what the
Planning Commission should do.
Councilman Daly. This item has been considered many times in the last year.
It is a technical f0110w-uD item to the general apDroval by the ~ounc£1. The
Planning Commission denied the developer's Tentative Tract Map. He questioned
why then the Council is asking the Tract Map to come forward. It was denied
6 to i by the Planning Commission after a public hearing at the Planning
Commission level. He againquestioned why the Council is setting the matter
and not the developer. In every case the developer submits the appropriate
materials and makes his request. He has lost track of the item since it has
been to the Council in so many ways.
1158
City Hall, Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
Councilman Ehrle. The reason he seconded setting the matter for a public
hearing is because of what he predicted two or three weeks ago when the matter
was before the Council, that it would again be before the Council for a final
decision. The applicant has come through all the steps but because of the
system, the project is still not off the ground. When the project was first
proposed there were approximately 100 people protesting, the next time 20, the
next 10 and the last time it was heard there were 3 or 4 people in support. He
is tired of seeing this project and the public hearing should settle the
matter.
Annika Santalahti. Answering Councilman Daly, she explained that the Planning
Commission denied the Tract Map because that denial was consistent with their
original action on the project under the CUP. The Council also saw the project
in 2 stages - an original one and a second one that added another piece of
contiguous property. The Planning Commission felt that the second one with the
variances was not one they could approve and on that basis the Planning
Commission also denied the Tract Map.
A public hearing will be set for a future date on this item..
End of the Planning Commission items.
Bll THROUGH B14. 179: ORDINANCE NOS. 5188-5191, BOTH INCLUSIVE - ADOPTION:
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 5188 through 5191, both inclusive.)
Councilman Ehrle. Relative to Ordinance No. 5191, amending Titles 17 and 18,
he notes it is streamlining the process. On the other hand he questioned if it
was eliminating the check and balance system from a public body to a staff
person to make the final decisions.
City Attorney White. He does not believe it could be characterized as
eliminating the check and balance. The "buck stops" with the Council. The
only thing the ordinance is doing is to eliminate double tracking of permits.
Anyone who is dissatisfied with those decisions will have the right to appeal
and ultimately be heard before the Council.
Joel Fick, Planning Director. Relative to speeding up the process, in some
cases it is dependent upon how quiekl¥ the applicant wants to file a parcel
map. It streamlines the process from a standpoint certainly of weeks if not a
month at a minimum because the Planning Commission or Zoning Administrator will
be able to see the big picture and to get the tentative parcel map along with
that and the Council would have the ultimate review if the applicant wants to
appeal or the Council sets the matter for a hearing. It will save time by not
having duplicative hearings by the City Engineer as well as the Planning
Commission or Zoning Administrator.
1159
City Hall, Anaheim, California - COUNCIL MINUTES - December 11, 1990r 5:30 P.M.
Councilman Hunter moved to waive the reading in full of the ordinances.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance Nos. 5188 through 5191, both inclusive, for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 5188: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Rezoning property under Reclassification No. 88-89-54 located on approximately
12 acres on the west side of Anaheim Hills Road between Santa Aha Canyon Road
and Nohl Ranch Road, from the RS-A-43,000(SC) to the OS(SC) zone.
ORDINANCE NO. 5189: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Rezoning property under Reclassification No. 81-82-8 located at 705 South
Velare Street, from the RS-A-43,000 zone to the RM-1200 zone.
ORDINANCE NO. 5190: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Rezoning property under Reclassification No. 90-91-05 located at 558 South
Anaheim Boulevard, from the CG zone to the CL zone.
ORDINANCE NO. 5191: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
17.08.060, 17.08.080, 17.08.100, 17.08.110, 17.08.120, 17.08.160, 17.08.170 AND
17.08.180 OF CHAPTER 17.08, AMENDING SECTIONS 17.09.130 AND 17.09.170 OF
CHAPTER 17.09 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
SUBDIVISIONS AND AMENDING SECTION 18.12.040 OF CHAPTER 18.12 OF TITLE 18
RELATING TO ZONING ADMINISTRATOR.
Roll Call Vote:
AYES:
NOES:
COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5188 through 5191, both inclusive, duly
passed and adopted.
Cl. 108: HEARING - PAN PACIFIC HOTEL TRANSIENT OCCUPANCY TAX APPEAL: To
consider the appeal of the Pan Pacific Hotel regarding Transient Occupancy Tax,
audit number 89070. Thig matter wag continued from the meeting of November 27,
1990 to this date at the request of the appellant through their accountants.
Submitted was report dated November 20, 1990 from Ken Stone, the City's
Program, Development and Audit Manager (Subject: Transient Occupancy Tax
Appeal) giving the background information regarding transient occupancy tax on
packages. Also submitted was report dated November 27, 1990 from David Morgan,
Human Resources Director who was the Hearing Officer in the case recommending
that the Council deny the appeal by the Pan Pacific Hotel regarding Transient
Occupancy Tax Audit No. 89070.
1160
City Hallf Anaheimt California - COUNCIL MINUTES - December 11f 1990r 5=30 P.M.
City Attorney White. Currently in front of the City Council and in the record
for this hearing is the report from David Morgan, the Hearing Officer together
with the report from Ken Stone, Program, Development and Audit Manager updating
the amounts due to the current date related to the accrual of interest and
penalties. Those items have been submitted together with various attachments
in the record.
Mayor Hunter asked to hear from the appellant.
Mr. Phillip McNatt, Senior Tax Manager, KPMG Peat Marwick, Certified Public
Accountants, 725 South Figueroa Street, Los Angeles 90017. He first submitted
additional exhibits to the Council (Exhibits I, II, III and IV - one page each)
which contained further information which the Council might find helpful.
Mr. McNatt then briefed the extensive background of the matter and the reasons
why Pan Pacific feels the City is being unduly punitive in assessing penalties
and interest in the amount of $112,070.81. Their protest/appeal involves two
areas - the first dealing with the audit's findings relative to a "package"
arrangement with Corporate Travel Service (CTS) and the provisions of
Section 2.12.020 of the Anaheim Municipal Code which the Pan Pacific Hotel
feels they have complied with the spirit of the Ordinance. The second area
deals with various audit findings regarding other packages during a 16 month
period where the Hotel experienced significant turnover in finance personnel.
In view of the Hotel and its management's immaculate record, the assessment may
be viewed as nothing other than excessive and out of the ordinary. Ail
administrative deficiencies have now been corrected by the Hotel to insure that
the problem does not arise again. He repeated the Hotel books covered
$30,000,000.00 of revenues for which there was not any single adjustment other
than imputed room revenues as a result of not meeting some certain
administrative reporting requirement.
In concluding his extensive presentation, Mr. McNatt emphasized that at no time
was the operator (Pan Pacific) willfully negligent and in no event were more,
or lees, taxes collected and remitted than otherwise would have been due the
City had they received notification of the Hotel's packages. A punitive tax,
penalty and interest has been assessed in an unwarranted situation. The Pan
Pacific Hotel respectfully requests that the Council abate the assessment
taxes, penalty and interegt relating to the package sales made by the Hotel.
Mayor Hunter then asked to hear from the Hearing Officer.
Mr. Dave Morgan, Hearing Officer. The charge of the Hearing Officer is to do
his best to ascertain the facts of the situation and apply those against the
ordinance. What is unique in this case, there is little dispute about the
facts. He believes the Pan Pacific Hotel and the City auditors are largely in
agreement about what happened. The real basis as he saw it as Hearing Officer
for Pan Pacific's appeal was due to extenuating circumstances and a belief that
they met the spirit of the ordinance. He felt as hearing officer to get into
1161
City Mall, Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
those shades of gray was not really proper for him in that capacity and that is
why he found in favor of the City's findings. It is oversimplified but the
facts of the situation are not in question but it is a situation where specific
requirements of the ordinance were not met. As stated in his report, there was
no questioning of Pan Pacific's intention in this case and their record in
every other area is superb but looking at the facts, it is not in compliance
with the ordinance and that is the reason for his findings.
Ken Stone, Program, Development and Audit Manager He then responded'to the
comments made by Mr. McNatt noting first that staff had not received a copy of
the exhibits presented to the Council today. One of the things that would have
assisted in evaluating the request was proof that the transient was notified of
the tax amount in the case of Corporate Travel. In the other areas transients
were clearly not notified of the room value and tax value they were paying as
part of a package. The City also was not notified of that value. This
information was requested from Pan Pacific's staff during audit processing and
in the hearing with the Hearing Officer. During his presentation, Mr. Stone
also noted that the subject ordinance drafted in 1987 was in response to a
request from the industry. It was developed in cooperation with City Attorney
White and major representatives from Hoteliers and not by City staff. It was a
compromise to allow them to operate and sell packages without identifying the
amounts to the transients. In concluding, he stated that staff does have
questions about some of the assumptions made previously by Mr. McNatt.
Susan Grabemeyer-Grande, Management Auditor who performed subject audit. She
started the audit on May 30, 1990 and issued her report on August 6, 1990 which
gave Pan Pacific two and one half months to provide documents to her regarding
Corporate Travel. No documents were provided then or during the hearing. If
that documentation was available, it should have been provided to her during
her audit. Secondly, in regard to Mr. McNatt's indication that they had turn
over in personnel, in the audit permanent files, there is documentation that
shows a Mr. Dan Stevenson who sent and signed the documents for the packages
submitted to the City in 1987 also signed and dated the package submitted
March, 1989. Therefore there was continuity in staff between 1988 and 1989.
Ken Stone, Program Development and Audit Manager. Corporate Travel is really
the booking agent for the Hotel. They are not the transient per se. During
the audit process, staff requested any kind of confirmation that would have
assisted staff in verifying the claim. During the hearing, the Hearing Officer
made a point of requesting additional information and in fact held issuance of
his findings to give the Hotel an additional one to two weeks to provide that.
Dave Morgan. At the hearing, he granted an additional week to ten days to
produce anything else. Pan Pacific was able to produce one internal memorandum
that spelled out some of the requirements. His finding continued to be for the
City on the basis that the internal document alone still did not meet the
requirement of the ordinance.
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City Hall. Anaheimt California - COUNCIL MINUTES - December 11t 1990, 5=30 P.M.
Mr. McNatt. That particular memorandum was made available to Mr. Morgan but
why not at the time of the audit he does not know. The client does not
normally call them in while the audit is on-going and does not do so until the
examination is complete. With respect to Mr. Stone's comment regarding
Corporate Travel and whether or not they are the transient, he referred to and
read the ordinance section where it defines transient. Corporate Travel
because they are the purchasing body, under the statute, are the transient.
Corporate Travel is the booking agent.
City Attorney White asked if Corporate Travel is a person; Mr. McNatt answered
no, it is a company.
Mayor Hunter closed the hearing.
MOTION: Councilman Hunter moved to deny the appeal of the Pan Pacific Hotel
regarding Transient Occupancy Tax Audit No. 89070. Councilman Ehrle seconded
the motion. MOTION CARRIED UNANIMOUSLY.
Before concluding, Councilman Daly asked if the Council wanted to discuss the
possibility of asking a retired judge or an independent referee service in the
future to research these matters and subsequently bring a recommendation back
to the Council.
Mayor Hunter. He feels such cases should go to a retired judge - some type of
arbitration - where both sides can be heard in front of an unbiased arbitrator
and have that person make a recommendation but knowing full well that either
side could then appeal it to the Council. It would be better for everyone
involved. Council already has the power to send hearings of this nature which
are so complex to a designated hearing officer.
City Attorney White. The Council can refer the matter to staff. Staff can
look into it and come back with a recommendation next time this occurs before
it gets set for a hearing in front of the Council. Staff would be back to the
Council at least with the option of referring the matter to a Hearing Officer
rather than setting it in front of the Council.
Mayor Hunter. He reiterated that although Mr. Morgan did a good job it puts
everybody in an awkward position when a City employee is the one making the
decision when it is of this magnitude. If it goes to an arbitrator, it will
take a 10t of people out of the process including the Council.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
Chairman Hunter reconvened the Redevelopment Agency, all Agency Members being
present (7:03 p.m.)
1163
City Hall, Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
69
JOINT PUBLIC HEARING - CITY COUNCIL~REDEVELOPMENT AGENCY: To consider a First
Amendment to the Disposition and Development Agreement Lincoln Property
Development Company N.C., Inc., regarding Parcels 22N, 22S, 14N, 14S, and 4D
(Heritage Place) on property bounded by Cypress, Philadelphia, Center and
Atchison. Submitted was report dated September 2, 1990 from the Community
Development Department recommending, subject to a public hearing, that the
Agency adopt resolutions making certain environmental findings with respect to
the amendment to the subject Disposition and Development Agreement.
Lisa Stipkovich, Executive Director of Community Development.
She explained that State law requires that any changes in the
land sale formula in a Redevelopment area are subject to a public
hearing. Agency/Council is being requested to consider the
amendment on the land sale price formula for the "For Sale"
product type for Lincoln Properties. She then briefed the staff
report which explained the modifications to the sale price
formula on "For Sale" products as well as other changes in the
Disposition and Development Agreement (see pages 2 and 3 of the
report - previously made a part of the record).. At the
conclusion of her presentation, she stated that staff is
recommending approval of the modification to the Disposition and
Development Agreement. The developer is also present to answer
any questions.
Mayor/Chairman Hunter opened the public hearing and asked if anyone wished to
speak either in favor or opposition to the proposed amendment to the
Disposition and Development Agreement; there was no response.
COUNCIL/AGENCY ACTION: Mayor/Chairman Hunter closed the public hearing.
Agency Member Hunter offered Resolution No. ARA90-33 for adoption. Refer to
Resolution Book.
RESOLUTION NO. ARA90-33: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT
AGENCY~ LINCOLN PROPERTY DEVELOPMENT COMPANY N.C.~ INC.~ AND LINCOLN ANAHEIM
VILLAGE LIMITED PARTNERSHIP.
Roll Call Vote~
AYES: AGENCYMEMBERS: Simpson,
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
Daly, Pickler, Ehrle and Hunter
The Chairman declared Resolution No. ARA90-33 duly passed and adopted.
1164
C£tv Hall~ Anaheim~ California - COUNCIL MINUTES - December 11~
1990, 5=30 P.M.
Agency Member Hunter offered Resolution No. ARAg0-34 for adoption. Refer to
Resolution Book.
RESOLUTION NO. ARA90-34: ARESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY
N.C., INC., AND LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP.
The Chairman declared Resolution No. ARAg0-34 duly passed and adopted.
WAIVER OF READING - RESOLUTION: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-436 and 90R-437.)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-436 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 90R-436: A RESOLUTION OF THE CITY COUNCIL OF-THE CITY OF
ANAHEIM MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY N.C., INC., AND
LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Ehrle and Hunter.
The Mayor declared Resolution No. 90R-436 duly passed and adopted.
Councilman Hunter offered Resolution No. 90R-437 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 90R-437: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE SALE OF THE PROPERTY SUBJECT TO A FIRST AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT
AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY N.C., INC., AND LINCOLN ANA~EIM
VILLAGE LIMITED PARTNERSHIP.
Roll Call
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCILMEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter.
None
None
1165
249
City Hall. Anaheim. CalifoFnia - COUNCIL MINUTES - December 11, 1990, ~:30 P.M.
The Mayor declared Resolution No. 90R-437 duly passed and adopted.
MOTION - ADJOURNMENT OF ANAHEIMREDEVELOPMENT AGENCY: Agency Member Hunter
moved to adjourn. Agency Member Pickler seconded the motion. MOTION CARRIED.
(7:10 p.m.)
179: PUBLIC HEARING - AMENDMENT OF CONDITION OF APPROVAL OF RESOLUTION
NO. 89R-167, CONDITIONAL USE PERMIT NO. 3126 AND NEGATIVE DECLARATION:
REQUESTED BY: Leonard N. Gilliland
Anaheim Brake and Wheel, Inc.
912 North Anaheim Boulevard
Anaheim, California 92805
LOCATION/REQUEST: The property is located at 912 North Anaheim Boulevard. The
request is for an amendment to a condition of approval of Resolution
No. 89R-167 of Conditional Use Permit No. 3126 to permit automotive and truck
repair (granted by the City Council at their meeting of May 2, 1989).
Conditional Use Permit No. 3126 is to construct a 3,300 square-foot building
for automotive repair with waiver of minimum number of parking spaces.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 29, 1990
Mailing to property owners within 300 feet - November 28, 1990
Posting of property November 30, 1990
PLANNING STAFF INPUT:
See report dated November 29, 1990 from the Zoning Administrator recommending
an amendment to Resolution No. 89R-167 as outlined on page one of the report.
Mayor Hunter first asked if anyone was present in opposition to the requested
amendment; no one was present.
APPLICANT'S
STATEMENT:
Mr. Leonard Gilliland, Anaheim Brake and Wheel. He has owned the
company for four years and the business has expanded. They have
gone from 6 to 21 parking spaces and have a nice new building.
They work mostly for companies in Anaheim. The business is doing
well. They have always worked on trucks and motorhomes and would
like to continue to do so. When he built the building, he did
not realize pickups, vans and trucks were not under automotive
repair. He is requesting the amendment to permit this work to be
done at his facility.
PUBLIC DISCUSSION IN FAVOR: None
PUBLIC DISCUSSION IN OPPOSITION: None
1166
25O
City Hallt Anaheim, California - COUNCIL MINUTES
- December 11, 1990,
5:30 P.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-438)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-438 for adoption approving
amendments to conditions of approval of Conditional Use Permit No. 3126.
to Resolution Book.
Refer
RESOLUTION NO. 90R-438: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. 89R-167 OF
CONDITIONAL USE PERMIT NO. 3126 TO PERMIT AUTOMOTIVE AND TRUCK REPAIR.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Ehrle and Hunter.
The Mayor declared Resolution No. 90R-438 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3348 AND NEGATIVE.
DECLARATION:
OWNER: Kenneth Sarvak
424 Old Newport Boulevard
Newport Beach, California
92663
AGENT:
Vic Stapf
424 Old Newport Boulevard
Newport Beach, California
92663
LOCATION/REQUEST: The property is located at 2283 West Lincoln Avenue and is
approximately 0.41 acre located on the north side of Lincoln Avenue
approximately 200 feet west of the centerline of Monterey Drive. The request
is for waivers of maximum structural height and required yard setback to permit
a day care center.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Conditional Use Permit No. 3348 APPROVED, modified conditions
Approved Negative Declaration.
(ZAg0-107).
1167
City Hall, Anaheim,
California - COUNCIL MINUTES
247
- December 11, 1990, 5:30 P.M.
HEARING SET ON: A review of the Zoning Administrator's decision was requested
by Councilman Pickler and Councilman Daly at the meeting of November 13, 1990
and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 29, 1990
Mailing to property owners within 300 feet - November 28,
Posting of property November 30, 1990
1990
PLANING STAFF INPUT:
See staff report to the Zoning Administrator dated November 1, 1990.
APPLICANT'S
STATEMENT:
Vick Stapf, 1112 Dewey Place, Agent for the owner. Additional
requirements kept getting imposed on the project. He has
drawings he would like to submit to give the Council a better
idea of what he is talking about. Initially they went along with
most of the requirements imposed. There are three items they are
appealing however, conditions 4, 5 and 14 - that all driveways
shall be reconstructed to accommodate 15 foot radius curb
returns, that a minimum 24 foot wide driveway shall be provided
and that sidewalks, curbs and gutters along Lincoln are
repaired. These conditions will impose a financial hardship on
the tenants who are going to move into the building. Further, if
they try to do everything asked the whole front 80 foot portion
would be nothing but a giant driveway and a gas and water vault
would have to be moved at substantial cost. He expressed these
concerns at the Zoning Administrator hearing. He feels it is not
necessary to do anything on the property.
Paul Singer, Traffic Engineer. He has met with the applicant on
two separate occasions. This is a day care center for children.
He (Singer) does not have any problem if the owner leaves the two
21 foot driveways; however, they should have curb radius returns
in order to facilitate entry. This is directly off Lincoln and
very heavily traveled. It would be in the best interest of
safety if people have a convenient way of pulling off the street
and exiting the property in a safe manner. He, therefore,
recommends that the curb radius be installed. A ten foot return
would be acceptable for this use. He originally recommended that
access be provided through the neighboring property which would
have made it much easier to access the property and provide
better access and safety to the circulation. As far as the
sidewalk repair, he does not believe it should be waived because
that also is in the.best interest of public safety. His
recommendation is that the two driveways be improved with at
least a ten foot curb radius return at the existing 21 foot width
because that would be essentially a one way driveway.
1168
248
City Hall, Anaheim~ California - COUNCIL MINUTES - December 11~
1990, 5:30 P.M.
Councilman Pickler. He has walked the area and the only thing
that bothers him is the landscaping. The landscaping needs to be
cut so that people coming into the first driveway will be able to
see or in order to see if they are coming out. He does not think
curb radius is that critical with a 21 foot driveway and using
one to get in and one to get out. He would just as soon see it
stay the way it is. He sees nothing wrong with the sidewalks.
Paul Singer. Sidewalk inspection was done by Field Engineering
so he does not know first hand their condition. He does agree
about the landscaping. At the very least, he would like to see
the radius on the inbound driveway improved. Eventually the City
wants to be able to prohibit parking on Lincoln and install a
third lane. He would highly recommend that at least that one
driveway have the curb radius return and that is the very
minimal.
Council Members then posed additional questions to Mr. Singer to
further clarify the situation with regard to driveways and curb
radius.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-439)
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-439 for adoption, granting
Conditional Use Permit No. 3348, eliminating conditions 4 and 5 and if the
sidewalks need to be fixed that that take place; therefore, condition no. 14
will remain. Another condition is added that the shrubbery be cut so that
there will be no visual intrusion. Refer to Resolution Book.
RESOLUTION NO. 90R-439: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3348.
Before a vote was taken, Councilman Daly asked Mr. Singer when the ban
on parking on Lincoln might be proposed; Mr. Singer answered perhaps
in a year since traffic is worsening on Lincoln.
1169
City Hall, Anaheim, California - COUNCIL MINUTES - December 11~ 1990~ ~=30 P.M.
Councilman Pickler asked if it would be possible to eliminate parking
in front of the subject property right away; Mr. Stapf noted that
there is no parking there at the present time in any caee.
Paul Singer. He recommended that relative to the shrubbery that it
should be cut in accordance with Standard Plan No. 137.
A vote was then taken on the foregoing Resolution clarified as follows:
eliminating conditions 4 and 5 but including cutting of the shrubbery according
to Standard Plan No. 137.
Roll Call Vote=
AYES= COUNCIL MEMBERS: Simpson,
NOES~ COUNCIL MEMBERS= None
ABSENT= COUNCIL MEMBERS: None
Daly, Pickler, Ehrle and Hunter
The Mayor declared Resolution No. 90R-439 duly passed and adopted.
ADJOURNMENT: By general consent the Council adjourned to Tuesday, December 18,
1990, at 3;00 p.m. (7:31 p.m.)
LEONORAN. SOHL, CITY CLERK
1170
City Hall, Anaheim, California - COUNCIL MINUTES - December 11, 1990, 5:30 P.M.
PAGE 1150 -AMENDED
119: PEDESTRIAN SAFETY AWARD: Mr. Keith Corzine, President, Anaheim office of
the Automobile Club of Southern California accompanied by Lt. Steve Brace,
Anaheim Traffic Bureau, then presented a Pedestrian Safety Award to the City of
Anaheim from the Automobile Club of Southern California for the outstanding
record set by Anaheim, which Mr. Corzine explained was a combination of the
Police Department, Traffic Engineering Department/Paul Signer and the City
Council working in concert. Last year the City won the Grand Award, the top in
the United States and this year received another outstanding award.
The award was accepted on behalf of the City by Police Chief Molloy and Paul
Singer.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,618,753.06 for the week
ending December 7, 1990, in accordance with the 1990-91 budget, were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution
Nos. 90R-430 through 90R-435, both inclusive; Ordinance No. 5187 for adoption
and Ordinance Nos. 5192 and 5193 for introduction.)
Councilman Pickler moved to waive the reading in full of the resolutions and
ordinances. Councilman Ehrle seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: 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-430 through 90R-435, both inclusive, for adoption. Refer
to Resolution Book. Councilman Pickler offered Ordinance Nos. 5192 and 5193
for first reading and Ordinance No. 5187 for adoption.
Al. 188: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Sandra Pyle for Sidney Foster for bodily injury
sustained purportedly due to actions of the City on or about July 22, 1990.
b. Claim submitted by Pacific Bell for property damage sustained
purportedly due to actions of the City on or about April 3, 1990.
c. Claim submitted by Ismael Duran Cortez for property damage
sustained purportedly due to actions of the City on or about October 21, 1990.
City Hall~ Anaheimr California - COUNCIL MINUTES - December 11r 1990~ 5:30 P.M.
PAGE 1150 -AMENDED - CONTINUED
A2. 105: Receiving and filing minutes of the Golf Advisory Commission meeting
held September 26, 1990.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of October, 1990.
105= Receiving and filing minutes of the Anaheim Public Library Board meeting
held October 24, 1990.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held November 14, 1990.
LEONORA N. SOHL, CITY