1989/07/18City Hall, Anaheim, California COUNCIL MINUTES - July 18. 1989. 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: Ehrle and Pickler
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
DEPUTY CITY ENGINEER: Arthur Daw
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:15 p.m. on July 14, 1989 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 JackWhite 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; Bevins vs. City of Anaheim, O.C.S.C.C. No. 49-09-56.
b. To discuss labor relations matters - Government Code Section
54957.6.
c. To discuss personnel matters Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To meet with its negotiator regarding possible acquisition of
land from the Phoenix Club located at 1566 Douglass Road, Anaheim,
California.
f. To consider 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: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Members Ehrle and Pickler, and
welcomed those in attendance to the Council meeting. (6:10 p.m.)
INVOCATION; President William Perron, East Stake of the Church of Jesus
Christ of Latter Day Saints, gave the invocation.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M.
FLAG SALUTE; Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119; PRESENTATION MOTHER OF THE YEAR - 1989: Mrs. Fran Mauck introduced
the 1989 Mother of the Year, Cecelia Salas, after reading the letter submitted
by her son which won the coveted title for his mother.
Mrs. Salas was presented with roses and the Mayor and Council Members
personally congratulated her. She then gave her background as a long-time
resident of Anaheim, her community activities and pointing out that her son,
Phil Aguilar is Pastor of Anaheim's Set Free Church. Many well wishers were
in the Chamber audience on Mrs. Salas's behalf.
119; DECLARATION OF WELCOME: A Declaration of Welcome was unanimously
ratified by the City Council welcoming Parents Without Partners Annual
Convention which was held in the City on July 4, 1989.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the adjourned
meetings of June 6 and June 13, 1989 (held June 13 and June 20, 1989) and the
regular meetings of 3une 13 and 3une 20, 1989. Councilman Daly seconded the
motion. Council Members Ehrle and Pickler were absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $7,266,292.54 for the week
ending July 7, 1989 and $3,643,998.39 for the week ending July 14, 1989, in
accordance with the 1989-90 Budget, were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances on the Consent Calendar were read by the City
Manager. (Resolution Nos. 89R-291 through 89R-302, both inclusive, for
adoption and Ordinance Nos. 5038 through 5042, both inclusive, for
introduction)
Councilman Hunter moved to waive the reading in full of the resolutions and
ordinances. Councilwoman Kaywood seconded the motion. Council Members Ehrle
and Pickler were absent. MOTION CARRIED.
CITY MANAGER/DgPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter,
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 Hunter
offered Resolution Nos. 89R-291 through 89R-302, both inclusive, for adoption;
and Ordinance Nos. 5038 through 5042, both inclusive, for introduction. Refer
to Resolution Book.
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 Spectrum Shows Inc. for property damages sustained
purportedly due to actions of the City on or about April 30 through May 1,
1989.
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City Hall, Anaheim, California - COUNCIL MINUTES July 18, 1989, 5;30 P.M,
b. Claim submitted by Clarklift of Los Angeles, Inc. for indemnity
purportedly due to actions of the City on or about March 2, 1989.
c. Claim submitted by Yong Jim Yoon "Peter" for bodily injuries
sustained purportedly due to actions of the City on or about September 20,
1988.
d. Claim submitted by Mela Rodrtguez for bodily injuries sustained
purportedly due to actions of the City on or about December 29, 1988.
e. Claim submitted by Troy Quickle for bodily injuries sustained
purportedly due to actions of the City on or about December 29, 1988.
f. Claim submitted by Heriberto Parras for property damage sustained
purportedly due to actions of the City on or about May 12, 1989.
g. Claim submitted by Martha Calderon Vargas for bodily injuries
sustained purportedly due to actions of the City on or about December 3, 1988.
h. Claim submitted by Steve Prtngle for property damages sustained
purportedly due to actions of the City on or about March 30, 1989.
i. Claim submitted by Linda Marshall for property damages sustained
purportedly due to actions of the City on or about February 8, 1989.
j. Claim submitted by Robert MacGurn for bodily injuries sustained
purportedly due to actions of the City on or about May 2, 1989.
k. Claim submitted by Robert S. Evanshtne for property damages sustained
purportedly due to actions of the City on or about February 8, 1989.
1. Claim submitted Basin Street Apartments (Bob Garcia) for property
damages sustained purportedly due to actions of the City on or about March 25,
1989.
m. Claim submitted by John Stmbach for property damages sustained
purportedly due to actions of the City on or about February 8, 1989.
n. Claim submitted by Gustave H. Stiehl for property damages sustained
purportedly due to actions of the Gfty on or about February 8, 1989.
o. Claim submitted by James A. Ray for property damages sustained
purportedly due to actions of the City on or about April 21, 1989.
A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission
meeting held April 26, 1989.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held May 24, 1989.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5:30 P.M.
105: Receiving and filing Community Redevelopment Commission meeting held
June 14, 1989.
105: Receiving and filing Community Redevelopment Commission meeting held
June 21, 1989.
107: Receiving and filing the Building Statistical Report Summary ending
May 31, 1989.
173: Receiving and filing correspondence in the matter of the application of
Lounge Car Tours Charter Company, Inc., before the Public Utilities Commission
of the State of California, for immediate emergency temporary authority to
extend its existing passenger stage certificates (PSC-1464) to include
scheduled service over regular routes between Buena Park/Anaheim and John
Wayne Airport.
173: Receiving and filing Application No. 87-09-001, Behzad Platini, Rod H.
Ramsey, and Saetd Razzaghipoor, dba Valley Airport Shuttle, for a certificate
of public convenience and necessity to expand their passenger stage service
area between points in Los Angeles, Ventura, and Orange Counties on the one
hand, and Los Angeles International (LAX), Burbank/Glendale/Pasadena (BUR),
Ontario International Airport (ONT), Long Beach (LGB), John Wayne (SNA),
Airports, and San Pedro Long Beach Harbors, on the other hand.
A3. 150: Awarding the contract to the lowest and best responsible bidder,
Masco Electric, Inc., in the amount of $19,900 for Clover Stadium/La Palma
Park Scoreboard Improvements.
A4. 175: Awarding the contract to the lowest and best responsible bidder,
the Mac Group, Inc., in the amount of $44,950 for Trash Transfer Site Block
Wall Construction.
A5. 169: Approving the Notice of Completion of the construction of the Knott
Avenue Street and Storm Drain Improvement by Blair Paving, Inc., and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A6. 169: Approving the Notice of Completion of the construction of the
Lincoln Avenue Realignment - Phase II by Sllverl & LeBouef JV, and authorizing
the Mayor to sign and the City Clerk to file said Notice of Completion.
A7. 165: Approving the Notice of Completion of the construction of Pavement
Marking Demonstration Program by Orange County Striping Services, Inc., and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
AS. 158: Authorizing the payment of $258,293.27 to Joseph A. Cano, pursuant
to agreement on file, for modifications to his buildings located at 926, 930,
940 and 950 North Anaheim Boulevard - North Anaheim Boulevard Street Widening
Project (R/W 3500-72, R/W 3500-80 and R/W 3500-81).
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City Hall. Anaheim. California COUNCIL MINUTES - July 18, 1989, 5;30
A9. 158: Authorizing the payment of $205,555 to Patrtcta H. Chappell,
pursuant to agreement on file, for modifications to her buildings located at
808A and 808B North Anaheim Boulevard - North Anaheim Boulevard Street
Widening Project (R/W 3500-64).
Al0, 144; RgSOLUTION NO, 89R-291; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO
ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR BALL
ROAD BETWEEN GILBERT STREET AND 1195 WEST OF KNOTT STREET. (In the amount of
$592,296.30.)
All. 000/164: RESOLUTION NO, 89R-292; A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ESTABLISHING DRAINAGE FEES. (ORANGEFAIR LANE/COMMERCIAL
STREET REIMBURSEMENT AREA) (In the amount of $9,230/acre.)
Al2. 149/142: ORDINANCE NO, 5038 INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARKING AND STOPPING OF VEHICLES. (Relating to no
parking at anytime on Alro Way, north and south sides, from Clementtne Street
to its easterly terminus.)
Al3. 175/142: ORDINANCE NO, 5039 INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE BY
ADDING SECTION 10.12.080 THERETO PERTAINING TO THE SEWER CONSTRUCTION AND
RECONSTRUCTION FUND.
Al4, 000/132/142; ORDINANCE NO, 5040 - INTRODUCTION; AN ORDINANCE OF THE
CITY OF ANAHEIM AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 10.08 OF
THE ANAHEIM MUNICIPAL CODE PERTAINING TO INDUSTRIAL WASTE.
Al5. This item was pulled from the Consent Calendar for further discussion.
(See end of Consent Calendar.)
Al6. 150: Rejecting the bid submitted by the Mac Group, Inc., in the amount
of $56,295 for the George Washington Community Service Center Improvements.
Al7. 175: Rejecting the bid received for the construction of extensions to
rtprap channel~ at Well Nos. 42,43, and 44.
Al8. 123: Approving a Second Amendment to Agreement with JHK & Associates to
extend the agreement time period 30 months, to provide for system operational
and design support services, to design two changeable message signs, to design
and implement an tntertie with Caltrans Districts 7 and 12, and to provide
closed circuit television implementation technical support; authorizing the
Mayor and City Clerk to execute said Second Amendment.
Paul Singer, Traffic Engineer, answered questions posed by Councilman Daly
relative to the funding sources for the project.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M.
Al9. 160: Accepting the low bid of Saulsbury Fire Equipment Company, in an
amount not to exceed $750,000 for two squad and haz-mat vehicles, in
accordance with bid proposal #4646.
A20. 160: Accepting the low bid of Kuhlman Electric Company, in the amount of
$27,814.40 for ten 100 KVA switched transformers, in accordance with bid
proposal #4705.
A21. 160: Accepting the low bid of West Coast Utility Equipment Company, in
the amount of $325,678.64 for two 60' digger derrick and chassis trucks, in
accordance with bid proposal #4702.
A22. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to Motorola Communications
and Electronics, Inc., in an amount not to exceed $35,000 for repair and
maintenance of mobile data terminals, network controller and base station
board for a period of one year to be used at the Police Department.
A23. 152/160: Waiving Council Policy 306 and authorizing the Purchasing Agent
to negotiate and issue purchase orders as required without advertising or
solicitation of sealed bids in an amount not to exceed $240,000 plus
applicable taxes and documentation fees for twenty used passenger vehicles for
various City departments.
A24. 160/140/106: Waiving Council Policy 306 and authorizing the Purchasing
Agent to issue a purchase order without competitive bidding or advertising to
OCE' Business Systems, in the amount of $57,545.28 for six model 1725-L/G
photocopy machines; and the amount of $13,680 for maintenance on six model
1725-L/C photocopy machines for one year beginning July 1, 1989, to be used in
all Library branches.
160/140/106: Increasing FY89/90 RAP expenditures by $57,545.28 (account
no. 01-171-7115) and reducing restricted reserve funds by an equal amount.
A25. 160: Authorizing the Purchasing Agent to issue a change order to Nobest,
Incorporated, for an additional amount of $17,430 bringing the revised
purchase order total to $131,183 for sidewalk replacement area #2 (between
Lincoln & 91 Freeway).
A26. 175.123: Waiving Council Policy 401 and approving an agreement with
Integrated Management Systems, Inc., to provide training and consulting
services in the implementation of Work Force Management within the Public
Utilities Department.
A27. 175.123: Approving an agreement with DMST Development, Inc., for the
conveyance, guarantee, and reimbursement for proportionate costs of a
secondary water main.
A28. 175.123: Approving a cost sharing agreement with The Walt Disney Company
(64% of the cost to be paid by Disney and 36% by the City) to replace overhead
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City Hall, Anaheim, California - COUNCIL MINUTES Ju%y 18, 1989, 5~30 P.M,
electrical transmission lines and poles with underground transmission
facilities in conjunction with the CALTRANS bridge construction over the I-5
Freeway at Ball Road.
A29. 153; RESOLUTION NO, 89R-293: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-265 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY.
(To add the position of Engineering Contract Administrator, effective July 21,
1989.)
153: RESOLUTION NO, 89R-294; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 88R-266 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL/TECHNICAL
MANAGEMENT. (To add the position of Procedures Development and Training
Specialist, effective July 21, 1989.)
.A30, 153; RESOLUTION NO, ----; Amending Resolution No. 89R-80 pertaining to
rates of compensation for unrepresented part-time job classifications, to
reclassify the part-time Aquatics classifications to Aquatics Coordinator -
Exempt, Aquatics Coordinator - Retirement - Exempt, Assistant Instructor Guard
Exempt, Instructor Guard - Exempt, and Pool Manager - Exempt, effective
July 7, 1989.
City Manager Bob Simpson stated this item has been withdrawn by staff to be
rescheduled at a later date.
A31. 175; RESOLUTION NO, 89R-295; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RELATING TO THE ISSUANCE OF ELECTRIC REVENUE ANTICIPATION
NOTES OF SAID CITY PURSUANT TO ORDINANCE NO. 5032 OF SAID CITY COUNCIL. (And
the repeal of Resolution No. 83R-168 on and after the first day that all
notes, issued pursuant to Ordinance No. 4417, are no longer outstanding in
accordance with their terms.)
175: RESOLUTION NO, 89g-296; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE FORM OF AMENDMENT NO. 7 TO THAT CERTAIN REVOLVING CREDIT
AGREEMENT AMONG THE CITY OF ANAHEIM, BANK OF AMERICA NATIONAL TRUST AND
SAVINGS ASSOCIATION AND MORGAN GUARANTY TRUST COMPANY OF NEW YORK AND
AUTHORIZING EMPLOYMENT OF A FINAMCIALADVISOR, AN ISSUING AND PAYING AGENT, A
DEALER AND GO-BOND COUNSEL IN CONNECTION WITH ELECTRIG REVENUE ANTICIPATION
NOTES.
A32. 123: Approving the terms and conditions set forth in the grant agreement
with Anaheim Interfaith, Inc., for the provision of temporary housing and
attendant services for homeless families in Anaheim, and authorizing the Mayor
and City Clerk to execute said agreement on behalf of the City.
A33. 177.: Authorizing the Mayor to sign a Section 213 letter approving the
Housing Authortty's application for 200 housing certificates for use in
conjunction with Operation Bootstrap as consistent with the City's Housing
Assistance Plan.
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City Hall, Anaheim, California - COUNCIL MINUTES July 18, 1989, 5;30 P.M.
A34. 123: Approving an Affordable Housing Agreement with Richard L. Pierce,
for the development of four rental units with one affordable unit on property
located at 318 S. Bush Street (V3875).
A35. 123: Approving an Affordable Housing Agreement with Richard L. Pierce,
for the development of four rental units with one affordable unit on property
located at 322 S. Bush Street (V3874).
A36, 153: RESOLUTION NO. 89R-297; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION PERTAINING TO HOURS OF WORK
PROVISIONS. (Nine Plan).
A37. 153; RESOLUTION NO, 89R-298; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-281 WHICH ADOPTED THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM POLICE
ASSOCIATION. (To reflect a correction to Article 47, entitled "Uniform Patrol
Graveyard Shift Differential.")
153; RESOLUTION NO, 89R-299; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-281 WHICH ADOPTED THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION.
(To reflect a correction to Article 50, entitled "Stand By.")
A38. 123: Approving a Lease Agreement with Anaheim Chamber of Commerce
Building Partnership for office space to accommodate the telecommunications
group of the Data Processing Department, at an annual expense of $14,490.
A39, 105/142/153; ORDINANCE NO, 5041 INTRODUCTION; AN ORDINANCE OF THE
CITY OF ANAHEIM AUTHORIZING EXPENSE ALLOWANCES FOR MEMBERS OF THE LIBRARY
BOARD.
A40. 123: Approving a 55-year Parking Concession Agreement with the Orange
County Flood Control District for the use of 17 acres of Flood Control
District property located north of Katella, east of Douglass Road, along the
Santa Aha River - for Arena parking.
A41. 123: Approving the Second Amendment to Agreement with Hall, Goodhue,
Haisley and Barker, in an amount not to exceed $21,000 to revise the scope of
the design of the proposed "Dad" Miller golf course clubhouse.
A42. 123: Approving a lease agreement with Irvin Feld and Kenneth Feld
Productions, Inc., for the 1989 Ringling Bros. and Barnum & Bailey Circus at
the Convention Center; and authorizing the Convention Center General Manager
to execute said lease agreement for the 1989 Circus, July 18-25, 1989.
A43. 123: Approving an agreement with Fasnack Automatic Food Service for a
period of three years for vending service at the Civic Center and Maintenance
Yard.
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City Hall, Anaheim, California - COUNCIL MINUTES July 18, 1989, 5;30 P,M,
A44. 158; RESOLUTION NO, 89R-300; 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.
A45, 179: RESOLUTION NO, 89R-301; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2883, REVISION 1
(READVERTISED), NUNC PRO TUNC. (To correct errors in Resolution No. 87R-388.)
179; ORDINANCE NO, 5042 - INTRODUCTION; AN ORDINANCE OF THE CITyOF ANAHEIM
AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING (NUNC PRO TUNC). (Relating to Reclassification
No. 79-80-25 (4), nunc pro tunc, to correct errors in Ordinance No. 4626.)
A46, 186,123; RESOLUTION NO, 89R-30~; A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN
AMENDMENT TO A TRUST AGREEMENT AMONG THE CITY, THE ANAHEIM PUBLIC IMPROVEMENT
CORPORATION AND SECURITY PACIFIC NATIONAL BANK, AS TRUSTEE, AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO. (Directing certain actions relating to
Police Facilities Certificates of Participation.)
A47. 123: Approving an Assignment Agreement with Jaycox Disposal Company,
Inc., and Anaheim Disposal, Inc., to transfer rights and obligations under the
residential collection agreement with the City.
A48. 123: Approving an agreement with Mercer-Metdinger-Hansen, Inc., for
specialized employee benefit communication services and materials, and
authorizing the Mayor to sign the agreement on behalf of the City.
A49. 156: Awarding the contract to the lowest and best responsible bidder,
Baker Pacific Corporation, in the amount of $569,100 and consenting to relieve
Pacific Ascorp from its bid pursuant to its letter dated July 10, 1989,
regarding the Police 2000 Project - Demolition and Asbestos Abatement.
A50. 161.157: Receiving and filing document transmittal and notice pursuant
to Section 33327 of the California Community Redevelopment Law regarding the
proposed Plaza Redevelopment Project.
AS1. 170/123: Approving the Final Map of Tract No. 12700 subject to approval
of tWO covenants by the Gity: (a) Parking restrictions to facilitate street
sweeping, and (b) establishment of a responsible entity for maintenance of
slopes, parkways and medians associated with the property. Tract 12700 is
located on the east side of Serrano Avenue, north of Canyon Rim Road
(SP87-1/The Highlands at Anaheim Hills).
170/123: Approving the Subdivision Agreement with Presley of Southern
California for Tract 12700.
170: Approving and accepting Lot 6 as granted in fee simple to the City of
Anaheim.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5:30 P.M.
Roll Call Vote on Resolution Nos. 89R-291 through 89R-302:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Kaywood and Hunter
None
Ehrle and Pickler
The Mayor declared Resolution Nos. 89R-291 through 89R-302, both inclusive,
duly passed and adopted.
End of Consent Calendar. Council Members Ehrle and Pickler were absent.
MOTIONS CARRIED.
Al5. 155/169: ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION - FOR THE
CONSTRUCTION OF STREET, WATER AND STREET LIGHTING IMPROVEMENTS ON BROADWAY;
Approving a Negative Declaration pursuant to CEQA findings, for the
construction of street, water and street lighting improvements on Broadway
from 500 feet west of Harbor Boulevard to Manchester Avenue. Submitted was
report dated June 26, 1989 from the Public Works/Engineering Department,
recommending that the Council adopt a Negative Declaration on the subject
project.
City Manager, Bob Simpson, stated that several people were present who wished
to address the matter.
Mayor Hunter. The Council has received correspondence on this item. There
have also been community meetings held previously. Concern has been expressed
with regard to the type of street lighting to be provided, whether standard or
ornamental. A full Council is not present today but the Council can receive
input for the record at this time.
Joe White, 309 West Broadway. There were two meetings last August with the
residents and the Public Works staff. The residents assumed they got what
they wanted at the time but were wrong. It is almost a year later and the
City is going to do exactly what they wanted to do by installing the very tall
high pressure sodium lights and widen 100 feet of the street not to mention
the trees which he will not address at this time. They want Council to
postpone action on this matter to another meeting.
Mayor Hunter. He asked Mr. White if he thought it best if the community again
met with the appropriate staff.
Mr. White. He feels the residents should continue to meet with staff.
Mike Kowalski, 825 West Broadway. His feelings are the same as Mr. White's.
He assumed they were going to get one thing and were quite surprised that what
they got contradicted what they wanted.
Councilman Daly. He asked what has happened to date; City Manager Simpson
explained that there is no street widening involved in the project. There is
no intent to widen any portion of the street. The issue is whether or not
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City Hall. Anaheim. California - COUNCIL MINUTES - July 18, 1989, 5:30 P,M,
ornamental lighting is to be installed. The cost difference is indicated on
page 1 of the staff report the high pressure sodium lights will cost an
estimated $92,000 to be installed. The ornamental lights will cost $147,000.
Councilman Daly. He assumes the action today just relates to the EIR and it
leaves the decision hanging in terms of the type of lighting to be installed.
Staff is recommending a certain type but the item being acted upon does not
make a final decision either way.
Art Daw, Deputy City Engineer. His understanding is the only item of concern
is the matter of street lighting. The Electrical Division has recommended the
high poles with their lighting primarily due to the economics and the increase
in cost involved in ornamental lighting. The Electrical Division is ready to
proceed with ornamental lighting if this is the decision that is arrived at.
Councilman Daly. If the Council approves the recommendation today, he wanted
to know if they were making a decision on the lights or would that decision be
made at a later date.
Art Daw. Approval of the EIR would not determine the lighting but that
decision would have to be made prior to the time they solicit bids.
The letter the residents received stated, "...with the exception of local
widening." It does not say no widening. They agreed that there should be a
radius on the curbs but it has not stated there would be no widening and the
letter indicates there will be widening.
Councilman Hunter moved to continue approving a Negative Declaration pursuant
to CEQA findings for the construction of street water and street lighting
improvements on Broadway from 500 feet west of Harbor Boulevard to Manchester
Avenue for two weeks. Councilman Daly seconded the motion. Council Members
Ehrle and Pickler were absent. MOTION CARRIE.
186: AWARDING THE SALE OF CERTIFICATES OF PARTICIPATION 1989 RECyCLING
EQUIPMENT FINANCING PROJEC%; Awarding the sale of certificates of
participation to be executed and delivered in connection with the installment
sale financing of certain recycling equipment (1989 Recycling Equipment
Financing Project).
Mr. Ken O'Donnell of Seidler & Fitzgerald, the City's Financial Advisor,
reported that eight bids had been received at 10:00 a.m. today and the lowest
interest rate received on the subject certificates was from Dean Witter at an
interest rate of 6.505% which was extremely excellent for a lO-year issue and
25 basis points lower than the market. The issue is rated at Triple AAA by
Moody's and Standard & Poor. Their recommendation is to make the award to
Dean Witter based on their low bid.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-303)
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M,
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. Council Members Ehrle and Pickler
were absent. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-303 for adoption, awarding the
sale of certificates of participation to be executed and delivered in
connection with the installment sale financing of certain recycling equipment
(1989 Recycling Equipment Financing Project). Refer to Resolution Book.
RESOLUTION NO, 89R-303: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING THE SALE OF CERTIFICATES OF PARTICIPATION TO BE EXECUTED AND
DELIVERED IN CONNECTION WITH THE INSTALLMENT SALE FINANCING OF CERTAIN
RECYCLING EQUIPMENT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Kaywood and Hunter
None
Ehrle and Pickler
The Mayor declared Resolution No. 89R-303 duly passed and adopted.
105: APPOINTMENTS TO THE YOUTH COMMISSION; Accepting the resignation of
Commissioner Juan Carlos-Martinez, and moving first alternate, Martsa
Patterson, to an appointed commissioner; placing the second and third
alternates appointed at the June 6 meeting of the City Council, in the first
and second position, and leaving the third alternate position to be filled as
recommended by the Youth Commission. Submitted was report dated June 15, 1989
from the Director of Parks, Recreation & Community Services.
Councilwoman Kaywood moved to accept the resignation of Commissioner Juan
Carlos Martinez, with regret, appoint Martsa Patterson as a Youth Commissioner
and appoint the following alternates:
1st Alternate - Daniel Flynn
2nd Alternate - Fatima Essa
3rd Alternate - Janet Jo Eun
Councilman Daly seconded the motion. Council Members Ehrle and Pickler were
absent. MOTION CARRIED.
121: PUBLIC HEARING - FINDING AND DETERMINING THE NECESSITY TO ACOU!R~
AUTHORIZING CONDEMNATION OF CERTAIN REAL PROPERTY AT 1326 SOUTH WEST STREET;
Finding and determining the public interest and necessity for acquiring and
authorizing the condemnation of a portion of that certain parcel of real
property for road and public utility purposes located at 1326 South West
Street, Anaheim, and authorizing the law firm of Oliver, Stoever Bart &
Einboden, Special Counsel for the City of Anaheim and the City Attorney, to
proceed with said Condemnation Act (Schlund - Condemnee).
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M,
REQUESTED BY: City of Anaheim.
LOCATION: Submitted was report dated June 29, 1989 from the Public
Works/Engineering Department, recommending the subject condemnation and
further, authorizing Special Counsel and the City Attorney to proceed with
said Condemnation.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 6, 1989.
Posting of property June 30, 1989.
Mailing to property owners within 300 feet - June 12, 1989.
City Attorney White. He does not know if anyone is present relative to the
subject public hearing; however, because this item relates to a Resolution of
Condemnation, it will take four Council votes and only three Council Members
are present. It is his recommendation that the matter be continued to the
next regular meeting.
MOTION; Councilman Daly moved to continue the subject public hearing relative
to condemnation proceedings for one week for full Council action.
Councilwoman Kaywood seconded the motion. Council Members Ehrle and Pickler
were absent. MOTION CARRIED.
176: PUBLIC HEARING - ABANDONMENT NO, 89-1A; In accordance with application
filed by The Karcher Barry Company, 200 North Harbor Boulevard, Anaheim Ca.
92805, public hearing is to be held on proposed abandonment of the following
streets located generally north of Romneya Drive west of Harbor Boulevard:
Marlboro Avenue, Arlington Avenue, Chevy Chase Drive, Robin Place, Wren
Street, Bluejay Lane, Robin Street, and Brewster Avenue, in order to create a
gated community - old Chevy Chase area, pursuant to Resolution No. 89R-227,
duly published in the Anaheim Bulletin on June 29 and July 6, 1989 and notices
thereof posted in accordance with law.
Report of the City Engineer dated June 6, 1989 was submitted, recommending
approval of the abandonment noting that Karcher Barry has agreed to comply
with all Departmental requests regarding the project. The abandonment is,
therefore, subject to compliance with those requests.
The City Clerk announced that letter dated July 18, 1989 from Terrance Barry,
The Karcher Barry Company, requesting that the public hearing be continued to
August 1, 1989.
Mayor Hunter asked if anyone was present to address the Council.
Mr. Jack McCosh, The Karcher Barry Company, was present and confirmed their
request for a continuance.
MOTION; Councilman Hunter moved to continue the public hearing on Abandonment
No. 89-1A to Tuesday, August 1, 1989 at 6:00 p.m. Councilwoman Kaywood
seconded the motion. Council Members Ehrle and Pickler were absent. MOTION~
CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M.
179; PUBLIC HEARING -LARGE FAMILY DAY CARE NO. 89-02:
REQUESTED BY: Kathleen and Delbert Swanson
LOCATION/REQUEST: The property is located at 2426 West Transit Avenue. The
request is to establish a large family day care facility for a maximum of 12
children.
ZONING ADMINISTRATOR ACTION: Family Day Care No. 89-02 was approved (with
added condition) by the Zoning Administrator under Decision No. ZA89-35.
HEARING SET ON:
A letter appealing the Zoning Administrator's decision was submitted by
G. Robert Woolsey, and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 6, 1989.
Posting of property July 6, 1989.
Mailing to property owners within 300 feet - July 7, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Zoning Administrator dated May 18, 1989.
APPLICANT'S
STATEMENT:
Mr. G. Robert Woolsey, 2427 West Mall Avenue, Anaheim Ca. 92804
(34 years).
The proposed large family day care center is located directly
behind his home. There is a great need for day care centers not
only in this City but throughout the nation. They are aware of
the difficulty finding suitable locations for the day time care
of children. It is not whether they approve of day care centers
or day care homes but whether the home at 2426 Transit Avenue
qualifies as a large day care home according to day care
ordinances. Mr. Woolsey then briefed the material he submitted
to the Council at the start of the public hearing which included
a map of the streets and homes in the area, those residents in
favor or opposed to the day care center, minimum standards for
the RS-7200 residential single family home compared to the
subject lot which is smaller than minimum standards, copies of
photos of the rear yard of the day care home, plans of the
layout of the home, data on noise levels in different land use
categories and City of Anaheim standards, traffic data based on
1988 daily traffic counts on Gilbert Street and Broadway and
also traffic counts on other major city streets, and letters
signed by those in opposition to the large family day care home
(made a part of the record).
Mr. Woolsey pointed out that many who were contacted were not
necessarily against a day care home but felt this might not be
the best way to handle over 6 children. The request is to
increase the present number of children from 0 to 6, to 7 to
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City Hall. Anaheim. California - COUNCIL MINUTES - July ~8, 1989, 5;30
12. The state is not doing a good job of monitoring
applicants. Neighors were not aware that the City does not
become involved until there is a request to become a large day
care home (over 6 children). He is primarily concerned that the
yard is too small to accommodate 12 children. The lot falls far
short of the RS-7200 standards. It measures 6,077 square feet
or 16% under the standard. The maximum lot width should be
72-feet and it is only 60 feet. They are talking about putting
a number of children in what he considers to be a congested,
hazardous location. He then referred to the photo of the
backyard which showed two large storage cabinets, a high volt
power line, explaining an incident that had occurred involving a
power line in his area, a washer and dryer that are operated
when the children are present, a deep freeze, and a swimming
pool on the other side of the block wall, the neighbor's pool.
Councilman Daly.
He interjected and asked staff to clarify what the City's
authority is relative to the subject homes.
Anntka Santalahtt, Zoning Administrator.
A number of years ago when the state made it mandatory that
large family day care homes were to be accepted by cities, other
than if there were certain development standards that were not
satisfied or the location was close to an existing home,
essentially the City is mandated to approve such an
application. Two issues that normally come into play are the
vehicular situation, such as drop off on an arterial highway,
and the location. Dropping off on an arterial highway would be
a basis of denial as well as another day care center within
600 feet. The staff report on pages 1 and 2 discusses the other
issues. The state made some specific statements regarding the
fact that that these day care uses were to be in residential
areas and not to be considered businesses although business
licenses could be required. They are not to be discriminated
against because they are businesses unless they did not meet the
conditions the City adopted of safe vehicular circulation and
location. Relative to the subject, the property is legally
nonconfor~ing. She believes it was developed in Orange County
and lots are 62 feet instead of 72 feet wide by 100 feet deep.
This property has a rear yard as well that is nonconforming
being about 15 feet deep. Typically it would be about a 25-foot
rear yard. It is a legal single family piece of property
although it is nonconforming. The analysis that is made by the
state relative to square footage for children is a state
regulation. She is not certain if the state allows 15 square
feet per child. When the application comes to the Gity, it has
been reviewed by the state or county agency already. Her
understanding is that they had passed review and approved
subject to the City's action being taken.
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M.
Jack White, City Attorney.
The State Licensing Agency determines what the requirements are
for the children's benefit. The state pre-empts the City's
right to make the determination of whether or not there is
adequate size on the property for the number of children. The
only discretion the City has and the state law says, the City
can adopt standards for the location of the use on the
property. The City has adopted the standards the state
authorizes. It requires that the uses be 600 feet apart and
that there be on-site circulation of traffic if adjacent to an
arterial highway or major street. Other than that, the state is
saying they are pre-empting the entire field regarding family
day care homes and the City is not allowed to make a
discretionary determination on whether or not to approve an
application. The only determination is whether the standards
have been met and there are 9 standards set forth in the
Municipal Code. Those were originally made by the Zoning
'Administrator. An appeal process is required and afforded to
the appellants. The Council is to determine whether those 9
standards have been satisfied. In his opinion, he does not see
any reasons why the Council can say no. The 9 standards in the
Code have already been looked at and all 9 have been complied
with. This is a situation where cities are being told what is
best by the state.
Councilman Daly.
He was going to suggest, before accepting the state's decision
that there is enough space within the property to house 12
children, writing to the state asking them to review their
decision.
Mr. Woolsey.
They have contacted the state and have been told there is no
regard to size. However, another factor is the noise. There
are City standards on noise. The state indicates it is
necessary to determine whether it is zoned properly and that it
does not exceed the noise standards but they do not stipulate
what it should be. He feels they are passing this
responsibility to the City relative to size and noise. They are
not only talking about his backyard, but any and all backyards
that will be faced with this situation in the future. He
clarified for Councilman Daly he feels the state has given the
City responsibility to make the determination in certain areas.
City Attorney White.
The City's authority is set forth in Section 1597.46 of the
Health and Safety Code. He proceeded to cite portions of the
Code listing the things the City shall do relative to large
family day care homes. The portion relating to spacing in his
opinion relates to spacing of the homes and concentration of
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City Hall, Anaheim, California COUNCIL MINUTES - July 18, 1989, 5;30 P,M.
such homes one to the other rather than spacing of children in
the homes. The City provides homes have to be a minimum of
600 feet apart in concentration on a given block. In his view,
that is the maximum they are authorized to do.
Mr. Woolsey.
In the documentation he provided, the sound level acceptable to
the City should be on the order of 55db's during the day for
30 minutes out of every hour. He assumes it has to be much less
than that for the other half hour from 7 a.m. to 10 p.m. He
considers the noise to be loud conversation which falls between
60 and 70db's averaging at 65. Interpreting the noise ordinance
standards for 65db's, it says 5 minutes out of one hour. The
children would have to be under the loud conversation level for
55 minutes out of every hour and this would not be possible to
attain. He has a tape which he could play to justify what he is
saying. They hope to be a test case because they feel it is a
very serious problem.
Debbie Stacker, 2431 Mall Avenue.
She is Mr. Woolsey's neighbor. She first submitted data to the
Council as part of her presentation. (See documents made a part
of the record entitled - Comparison of Day Care Licensing
Requirements Appeal against Family Day Care Permit No. 89-02
(5 pages) - Reference (citing works used in developing the
appeal). Ms. Stacker briefed her extensive appeal document.
Relative to state requirements for family day care homes, there
are none. State law regarding day care centers outside of homes
require a minimum outside area of 75 feet per child and 35 feet
indoors. Studies show specifically that high density affects
the behavior and development of children leading to aggressive
and disruptive destructive behavior. Their only opportunity to
speak has been at Zoning when they were first told there was
nothing they could do. They approached it from the noise level
not because it is the most important issue, but because it
looked like the avenue they could address where they would have
some recourse but they were told there was none. They believe
the last chapter of the state law empowers the Gity to act with
regard to the issue. It states, "...the provisions of this
chapter shall not be construed to preclude the application to a
family day care facility for children any local ordinance which
deals with health and safety, building standards, environmental
standards, or any other matter within the jurisdiction of a
local public entity." The state allows the City that power.
She questions if the 9 standards in the City ordinance are
actually doing the job to protect their children. She does not
believe they are.
In concluding her extensive presentation, Ms. Stacker stated she
was horrified nothing is being done to protect their children
relative to family day care homes and deluding themselves into
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City Hall. Anaheim. California - COUNCIL MINUTES July 18, 1989, 5;30 P,M,
believing they are being provided with a positive quality
environment in such homes. Relative to the yard available for
12 children in the subject home, it is grossly inadequate and
the one room in the home that is used for the children is
11 feet by 14 feet with everything out of the room. Since the
future of their children is involved, she questioned who is
going to take the responsibility. "We truly believe that this
permit does not serve the best interest of the children, their
parents or the community."
PUBLIC DISCUSSION-
IN FAVOR: Kathleen Swanson, 2426 Transit, Licensed Day Care Provider.
She has been in day care for 18 years. She referred to the
letter she had submitted with all the required forms and photos,
etc. She objects to all the letters that the Woolseys and
Debbie Stacker have submitted and distributed, as well as all
the letters signed in opposition which she feels have been
signed under false pretenses and have misled people in the
neighborhood. They have not been told the truth before
signing. Her previous submittals show that she has been
properly investigated and licensed. She has adequate play area
and is allowed to use her front yard and backyard. She is
appalled that Mr. Woolsey took pictures eliminating the grass
area and not showing any play equipment. He (Woolsey) also has
never been inside her house. The children are not that loud and
the Traffic Engineer has approved her plan for drop off and pick
up of children.
Councilwoman Kaywood interjected and stated that it was approved
if only two children at a time are being dropped off or picked
up. She asked how Mrs. Swanson could guarantee that would
occur; Mrs. Swanson answered that she asks when parents will be
bringing their children. It is not possible to guarantee
anything.
Councilwoman Kaywood stated that was her point. She cannot
guarantee that will occur.
Answering Councilman Daly, Mrs. Swanson reported that one other
person assists her during the day. She meets the standards for
having 12 children. She has eliminated everything in the yard
the children do not play on, eat on or sit on. She does have a
freezer in the backyard and it is locked with a key as
required. There is cleaning equipment in a trunk on the patio
and it is also locked. The other care-giver is her mother who
has been living there for 18 years. She (Swanson) Just moved
into the home a year ago.
Opal Taylor, 2426 Transit (owner of the subject home).
She has always had a habit with her neighbors to try to talk
things out. She tried to talk to and compromise with
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City Hall, Anaheim, California - COUNCIL MINUTES July 18, 1989, 5;30 P,M,
Mr. Woolsey and he would not listen. They took the noisy toys
off the patio. The kids are out from 9:30 to 11:00 a.m. then
they have lunch and go to bed. They are then outside about 2:30
p.m. and are picked up from approximately 2:30 to 5:00 p.m.
They are not out all day long. Anybody can come in and inspect
her house at any time. Her house is clean. It is nobody's
business that she has a washer and dryer on her patio.
Answering Councilwoman Kaywood, she stated that the
camper-trailer parked in the driveway belongs to her. daughter
and that it will not be there permanently. There is still space
for three cars. She confirmed that someone from the State did
view the property itself. They approved everything in the yard
and house. She first stated that since February, six children
and sometimes two babies were being cared for. In final
analysis, she stated that there have been five children and one
baby at the home since February. She is on the premises mostly
all of the time.
Jill Stacker (sister of Debbie Stacker).
The picture of the yard was used not to take out a play area but
to show the patio that would amplify the noise going into
Mr. Woolsey's yard and also to show the washer/dryer and
freezer. Her sister did not say there was no play area, it was
just to show the hazards and amplification.
Ray Wimmer, 843 South Avocado.
His daughter Allison is cared for at the subject home. He has
no problem entering the driveway. Ninty-nine percent of the
children are picked up between 2:30 and 4:00 p.m. There is no
influx of cars pulling in and out. He has had his child in day
care centers and he is extremely happy with the care she
receives now.
Debbie Feenaman, 711 South Knott.
Her son Christopher goes to the Swanson's home. He is dropped
off at 7:00 a.m. and picked up at 5:00 p.m. Only three times
since she has taken her son there has she seen a parent when she
has picked him up or dropped him off. Ncr ~on t~ ~wo years
old. Very few day care centers take children who are not potty
trained. Her son is being taught many things.
SUMMATION BY PETITIONER: Mr. Woolsey.
He has the highest regard for Mrs. Taylor and has never said
anything that would be harmful to her or her family. They have
not said Kathleen was not licensed or the yard was a "pig pen"
but there are possibly some hazards and they have been there as
long as the children have been there. If they are going to be
moved now, that is fine. The issue is taking the day care home
from six children to 12 children in the same given area. This
is what they are questioning and what needs to be looked into.
He believes the City has the authority to make a decision. It
is also a matter of whether or not he and his wife will stay in
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City Hall, Anaheim, California COUNCIL MINUTES - July 18, 1989, 5;30 P.M,
their home. He has spoken with realtors who say it will
tremendously cut the number of prospective buyers because once
the information is disclosed relative to the. day care home, it
will have an adverse effect.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Mayor Hunter.
He suggested that the residents might want to write to their
assemblymen or state senators regarding the issue of large
family day care homes. Day care is an issue in society today.
His feelings relative to the size, noise and traffic putting
12 children into a residential home is that it is too much. In
opposing the increase, the City is saying to the state there
should be a second look into these day care homes within single
family residential areas. Zero to six children is one thing,
but 7 to 12 children is another. He is certain that Mrs.
Swanson and Mrs. Taylor are doing a good job but feels there
needs to be better standards relative to size in having that
many children cared for on a single family lot.
Councilwoman Kaywood.
She disagrees that day care should not be in residential zones,
but the home must be adequate in size and protected with regard
to noise. She did go by the property. She finds it hard to
believe that the camper would be permitted to stay in the
driveway which just about blocks it. The "L" shaped layout also
means that a child can get away and be in the street before
anyone knows it. She is also greatly concerned over the
comparison submitted relative to licensing requirements for day
care centers vs. family day care homes showing that there are no
requirements for homes. Something drastic needs to happen
immediately if the state is serious about caring for children.
She is glad to hear that good care is being provided in this
home, and there is still approval for up to six children without
anything further needed from the City. The applicant admitted
there is no way to guarantee anything, It is unenf0rcable
whether or not only two families at a time will be dropping off
and picking up their children.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL E~EMPTION; On motion by
Councilwoman Kaywood, seconded by Councilman Hunter, the City Council
determined that the proposed project falls within the definition of Section
3.01 Class 1, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR. Council Members Ehrle and Pickler were absent.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-304)
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M,
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Council Members Ehrle and Pickler were
absent. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-304 for adoption, denying the
establishment of a large family day care facility for a maximum of 12
children. Refer to Resolution Book.
RESOLUTION NO. 89R-304; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE CONDITIONS OF APPROVAL OF SPECIFIC PLAN NO. 87-1 FOR THE
HIGHLANDS AT ANAHEIM HILLS AND AMENDING RESOLUTION NO. 87R-253 ACCORDINGLY.
(LARGE FAMILY DAY CARE NO. 89-02)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Kaywood and Hunter
None
Ehrle and Pickler
The Mayor declared Resolution No. 89R-304 duly passed and adopted.
RECESS: By general consent the Council recessed for ten minutes. (7:45 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present with the exception of Council Members Ehrle and Pickler.
(7:59 p.m.)
179; PUBLIC HEARING - RECLASSIFICATION NO, 88-89-56, VARIANCE NO, 3947 AND
NEGATIVE DECLARATION:
APPLICANT: OWNER:
Blash Momeny
2002 Business Center Drive, Suite 185,
Irvine, CA 92715
AGENT:
Michael Frazier
18200 Yorba Linda, Suite 201,
Yorba Linda, CA 92686
LOCATION: The property is located at 3625 Savanna Street - north of Ball Road
at Anaheim/Buena Park City Limits.
PROJECT AS ORIGINALLY PROPOSED: Applicant requested a change in zone from
RS-A-43,000 to RM-1200 or a less intense zone; and to construct a 3-story,
12-unit apartment complex with 2 code waivers. (See below).
PROJECT AS APPROVED BY THE PLANNING COMMISSION: Reclassification No. 88-89-56
to the RM-1200 Zone was granted by the Planning Commission, under Resolution
No. PC89-140; Variance No. 3947 was granted (Resolution No. PC89-141) with a
limit of a total of 18 bedrooms in the project (6 one-bedroom units and 6
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City Hall. Anaheim, California - COUNCIL MINUTES July 18, 1989, 5;30 P,M.
two-bedroom units), with following waivers: (a) maximum structural height
approved; (b) maximum site coverage - approved; approved EIR Negative
Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Daly at the meeting of 3une 13, 1989, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 6, 1989.
Posting of property July 6, 1989.
Mailing to property owners within 300 feet - July 7, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 22, 1989.
APPLICANT'S
STATEMENT:
Blash Momeny, 2002 Business Center Drive, Suite 185, Irvtne, CA
92715.
His project was resubmitted to the Planning Commission with some
minor changes and subsequently approved by the Commission. He
agreed to reduce the number of units and the proposal is now six
1-bedroom units and six 2-bedroom units. He then presented a
site plan which showed how his property is situated amongst all
the other surrounding properties now rezoned to RM-1200.
Anntka Santalahti, Zoning Administrator.
In answer to Council questions, drawings were submitted but she
did not personally review them as to whether the bedroom
reduction reduced the coverage by 2%. She also reported that
the property immediately adjacent to the west is approved for
RM-2400 but it is not developed as yet. Further, going to the
west is a 2400 zoned parcel which is developed that way.
Relative to the Buena Park property, she thought they were
coming into Anaheim to increase the density. While they had a
project that might be somewhere between 2400 and 1200, that
person is looking to increase the density of that project to
something close to 1200.
Councilwoman Kaywood.
Compounding a problem does not solve anything. There are two
RM-3000 parcels on the street. If it has become overcrowded,
she does not understand why they would increase the density even
though there has been a reduction in bedrooms. She also has
concerns that it is 3 stories with only 5 feet to the RSA
property. She presumes that is the one to the west and it is
forcing the zoning as well.
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City Hall. Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P,M.
Annika Santalahti.
The property to the west is not finalized but approved for
RM-1200. At the time the property is actually zoned to
multiple-family, they could go to 5 feet without a waiver.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition;
there being no response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Daly, 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. Council Members Ehrle and Pickler were absent.
MOTION CARRIED.
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. Council Members Ehrle and Pickler were
absent. MOTION CARRIED.
Councilman Hunter offered resolutions approving Reclassification No. 88-89-56
and granting Variance No. 3947, upholding the findings of the City Planning
Commission.
Before action was taken, Councilman Daly stated he will be
voting to approve the project since with the reduction in
bedrooms, he feels it is acceptable. He is looking forward to a
quality product.
Councilwoman Kaywood.
She noted the Planning Commission resolution referred to
exterior plumbing.
Annika Santalahtt, Zoning Administrator.
This is a platform type proposal and staff is putting that in as
a standard in that type proposal to make sure if anything like
that comes along it is identified with the Building Department
so that the proper screening will be provided whether
architectural or fencing.
Blash Momeny.
He assured the Council that there was no exterior plumbing on
the project.
A vote was then taken on the resolutions of approval and failed to carry by
the following vote:
Roll Call Vote:
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City Hall. Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M,
AYES: COUNCIL MEMBERS: Daly and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Ehrle and Pickler
City Attorney White confirmed that the resolutions failed to carry since the
City Charter requires three votes either approving or denying a resolution.
He would recommend that the Council may wish to continue the matter until a
full Council is present since it does not appear the resolutions will get the
required three votes.
Councilman Hunter moved to continue the public hearing on Reclassification
No. 88-89-56 and Variance No. 3947 for one week for full Council action.
Before further action was taken, the Mayor asked for clarification if it will
then require another complete public hearing.
~City Attorney White answered not necessarily. If the hearing is not reopened,
the other two Council Members would have the right to listen to the tape
recording of the proceedings and also review the minutes. They could vote on
the item without additional testimony or the Council could reopen the public
hearing to allow for further testimony.
Councilman Hunter added to his motion of continuance that at that time, the
two Council Members vote on the matter after reviewing the tape and minutes of
the proceedings. Councilwoman Kaywood seconded the motion. Council Members
Ehrle and Pickler were absent. MOTION CARRIED.
179: PUBLIC HEARING - VARIANCE NO, 3939, CATEGORICAT3.Y EXEMPT, CLASS
APPLICANT: OWNER:
Barbara Ann Smith
6555 E. Edinboro Circle,
Anaheim, CA 92807
AGENT:
Robert E. Smith, M.D.
6555 E. Edfnboro Circle,
Anaheim, GA 92807
LOCATION: The property is located at 6555 Edinboro Circle, Nohl Ranch
Road/Carnegie Avenue.
PROJECT AS ORIGINALLY PROPOSED: Waiver of prohibited ground-mounted equipment
to retain a ground-mounted satellite dish.
PROJECT AS APPROVED BY pI4%NNING COMMISSION: Variance No. 3939 was granted by
the Planning Commission subject to revised plans with dish moved 20 to 30 ft
down the slope and 30 ft from property line, under Resolution No. PC89-139;
determined to be categorically exempt.
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City Hall. Anaheim, California - COUNCIL MINUTES July 18, 1989, 5;30 P,M.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Daly at the meeting of June 13, 1989, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 6, 1989.
Posting of property July 6, 1989.
Mailing to property owners within 300 feet July 7, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 22, 1989.
APPLICANT'S
STATEMENT:
Dr. Robert E. Smith, 6555 E. Edinboro Circle, Anaheim, CA 92807.
At the last meeting of the Planning Commission on May 22, 1989,
he had guaranteed he would do the best he could to relocate the
satellite dish in an area where it would not be seen from a
public place and where Mrs. Schiffer would not be able to see it
as well. He also promised he was going to relocate the dish as
far south on the slope as he possibly could because there was a
concern about erosion. He has done that. He was not able to
guarantee the dish would not be seen from Edtnboro Circle.
Fortunately, they were able to find a place in the backyard to
mitigate those visual concerns. He thereupon submitted pictures
to show the present location of the dish (made a part of the
record).
COUNCIL CONCERNS:
Councilwoman Kaywood.
She is concerned that there was a Code Enforcement violation and
in the Scenic Corridor satellite dishes are not permitted. If
one is granted, others have to be allowed. The area deserves
special attention.
Councilman Daly.
He asked staff if satellite dishes are allowed in the Scenic
Corridor area.
Anntka Santalahtt, Zoning Administrator.
Ground-mounted and roof-mounted antennas including dishes are
specifically prohibited in the Scenic Corridor. They are
allowed elsewhere with certain limitations as to height and
location but variance applications are permitted to be filed if
there is a hardship pertaining to land formation or something
similar. The photograph posted on the Chamber wall shows the
satellite dish as it was originally installed on the top of the
slope and how the neighbor was affected. It has since been
moved down the site. Several variances have been approved where
the dishes were either relocated or lowered to lessen the
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City Hall. Anaheim. California COUNCIL MINUTES - July 18, 1989, 5;30 P,M,
impact. She does not know that any ended up being "invisible"
but there were always improved circumstances.
Mayor Hunter.
Several of his neighbors have satellite dishes and they are not
an intrusion. The neighbor next to him has a dish located down
in a gully and the only way it would be visible to him would be
to climb a ladder to look over the wall. Much depends on
location. If it affects no one and there is not an intrusion,
he does not see why a variance cannot be granted.
Dr. Smith.
Mrs. Schiffer's complaints were legitimate. He was unaware that
the placing of the satellite dish was illegal. In driving
around the neighborhood, there are satellite dishes, ham radio
antennas and even roof mounted antenna. When he was made aware
of the situation, he did as much as he possibly could to rectify
without removing the dish entirely. He is concerned as much as
everyone else relative to visual impact. Since he has relocated
the dish, his neighbors have come to him and wrote letters
supporting his retaining the dish. (He submitted the letters
for the record). He also submitted a ruling from the Federal
Communications Commission which indicates there can be no
discrimination against satellite dishes, i.e., if there is an
ordinance against antennas, it cannot be specifically enforced
against satellite antennas and not other antennas in the area.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Gloria Schiffer, 920 Bucknell Circle.
She is opposed to the satellite dish. She does not want her
other neighbors to go through the "nightmares" she has gone
through. Dr. Smith has moved the dish and it is not as
obtrusive as before. Their GG&R's which are binding for
30 yearz prohibit any kind of equipment zuch az antennaz.
Dishes such as Dr. Smith's, which is approximately 10 1/2 feet
in diameter, are too big, they are offensive and they do not
have a place in their community. (She submitted photographs of
the satellite dish for the record). If he is allowed to keep a
dish that size, other people who have smaller lots will have the
right to do so. A petition was previously submitted signed by
70 people opposing the dishes. She reiterated her concern that
allowing the dish would be a disservice to the community. If
dishes are allowed perhaps the size should be limited.
Councilwoman Kaywood.
She confirmed for Mrs. Schiffer that CC&R's are a civil concern
which do not involve the City.
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City Hall. Anaheim, California COUNCIL MINUTES - July 18, 1989, 5;30
SUMMATION BY APPLICANT: Dr. Smith.
Other dishes have been granted, some larger than his. If his
dish can be seen from any public place, he will remove it. He
was wrong initially because he was unaware of the restrictions.
Answering Councilwoman Kaywood, he explained he has the dish in
order to save money. He and his wife are physicians and they
are required to have a certain number of continuing medical
education credits. There are a number of programs that can be
recorded which saves the cost of going to the conference. They
also have three small children and since they are able to
receive the programs at home, they do not have a concern about
what to do with the children. They are also afforded other
programs not available on regular cable.
COUNCIL ACTION:
.Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilman
Hunter, seconded by Councilman Daly, the City Council determined that the
proposed project falls within the definition of Section 3.01 Class 11, of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Council Members Ehrle and Pickler were absent. MOTION CARRIED.
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. Council Members Ehrle and Pickler were
absent. MOTION CARRIED.
Councilman Hunter offered a resolution granting Variance No. 3939, upholding
the findings of the City Planning Commission.
Before a vote was taken, Councilman Daly stated he would explain his favorable
vote. He believes Dr. Smith made a good faith effort to hide the dish
although it can be screened further by additional landscaping. It is a
reasonable variance to grant.
A vote was then taken on Councilman Hunter's resolution of approval of
Variance No. 3939 and failed to carry by the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Ehrle and Pickler
Councilwoman Kaywood.
An ordinance is in place which is a good one and should be
adhered to relative to satellit6.dishes in the Scenic Corridor.
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City Hall, Anaheim, California - COUNCIL MINUTES
July 18, 1989, 5;30
Councilman Hunter moved to continue the public hearing on Variance No. 3939
for one week for full Council action. Councilman Daly seconded the motion.
Council Members Ehrle and Pickler were absent. MOTION CARRIED.
179; CONTINUED PUBLIC HEARING - VARIANCE NO. 3938 AND NEGATIVE DECLARATION;
APPLICANT:
OWNER:
Gerald D. & Deborah M. Barnes
743 South Thrasher,
Anaheim, CA 92807
AGENT:
William R. Edwards Associates
234 E. 17th Street #205,
Costa Mesa, CA 92627
LOCATION/REQUEST: The property is located at 7051 Aventda de Santiago; Waiver
of maximum structural height to construct a single family dwelling.
ZONING ADMINISTRATOR ACTION: Variance No. 3938 was approved by the Zoning
Administrator, under Decision No. ZA89-26; approved EIR Negative Declaration.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood and Councilman Pickler at the meeting of May 23, 1989, and public
hearing scheduled and continued from the meeting of June 20, 1989, to
August 1, 1989. At the meeting of June 27, 1989 the Council granted the
request from Farano & Kievtet to continue the public hearing to today's date
in conjunction with Grading Plan No. 1336.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 6, 1989.
Posting of property July 6, 1989.
Mailing to property owners within 300 feet - July 7, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Zoning Administrator dated May 4, 1989.
City Clerk Sohl announced that the attorneys on behalf of the applicant,
Farano & Ktevtet, in a letter dated July 17, 1989 have requested a continuance
of the subject Variance and also the Grading Plan which is the subject of the
following public hearing to Tuesday, August 15, 1989 at 6:00 p.m.
Floyd Farano, Farano & Kieviet. He did not understand at the last meeting
when he requested that the matter be heard today that there would not be a
full Council present. He would not have requested a public hearing earlier
than previously scheduled only to request another extension.
Mayor Hunter. Rather than go through a lengthy public hearing today with the
possibility that there will be no resolution, he feels the Council should take
a vote to continue this public hearing and the next one to a later date.
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City Hall. Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30
Floyd Farano. The closest date a full Council will be present would be their
preference. The opposition wanted a night hearing. In his letter he has
requested August 15, 1989 in order to accommodate those who want to have a
night hearing; City Clerk Sohl stated, to her knowledge, a full Council will
be present on August 15, 1989.
After a brief discussion between the Council and Mr. Farano relative to a
continuance date, Councilman Hunter moved to continue the public hearing on
Variance No. 3989 and Negative Declaration to Tuesday, August 15, .1989 at
6:00 p.m. Councilman Daly seconded the motion. Council Members Ehrle and
Pickler were absent. MOTION CARRIED.
170/155: CONTINUED PUBLIC HEARING - GRADING PLAN 1336 AND NEGATIVE
DECLARATION:
APPLICANT:
OWNER:
Gerald D. & Deborah M. Barnes
743 South Thrasher,
Anaheim, Ca. 92807
LOCATION/REQUEST: The property is located at 7051 Aventda de Santiago. The
request is grading for construction of a single family home.
STAFF ACTION: Grading Plan 1336 was approved by the City Engineer on May 8,
1989.
HEARING SET ON:
A letter of appeal of the City Engineer's decision was submitted by Dianne L.
Wilktns, and public hearing scheduled this date.
At the meeting of June 20, 1989, this item was continued to August 1, 1989.
At the meeting of June 27, 1989 the Council granted the request from Farano &
Kieviet to continue the hearing to today's date in conjunction with Variance
No. 3938.
See the discussion and action taken on the previous item (Variance No. 3938
and Negative Declaration) which involves the same piece of property. The
attorneys for the applicant requested a continuance of the public hearing to
August 15, 1989 on this as well as the foregoing variance which was approved
by the Council.
MOTION; Councilman Hunter moved to continue the public hearing on Grading
Plan 1336 and Negative Declaration to Tuesday, August 15, 1989 at 6:00 p.m. to
be heard in conjunction with Variance No. 3938. Councilman Daly seconded the
motion. Council Members Ehrle and Pickler were absent. MOTION CARRIED.
155/179: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO, 273 (PREVIOUSLy
CERTIFIED) - REQUEST TO AMEND CONDITION NO, 52 OF CITY council.
ORDINANCE NO, 4861, THE HIGHLANDS AT ANAHEIM HIYJ~s SPECIFIC PLAN (SP87-1)
DEVELOPMENT AREA;
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City Hall. Anaheim. California - COUNCIL MINUTES - July 18, 1989, 5;30 P,M,
LOCATION: Subject property, which is described as the 816-acre The Highlands
at Anaheim Hills Specific Plan (SP87-1) Development Area, is bounded on the
north by the East Hills Planned Community, on the east by the Sycamore Canyon
and The Summit of Anaheim Hills Developments, on the west by the existing
Anaheim Hills Planned Community and on the south by the City of Orange
unincorporated land within the County of Orange.
REQUEST; The petitioner requests amendment to Condition No. 52 of City
Council Ordinance No. 4861 in order to provide for homeowner's association
maintenance for a landscaped median island within the Serrano Avenue
right-of-way.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 6, 1989.
Posting of property July 6, 1989..
Mailing to property owners within 300 feet - July 7, 1989.
STAFF INPUT:
See Staff Report to the City Manager/City Council dated July 5, 1989.
APPLICANT'S
STATEMENT:
Frank Elfend, Elfend & Associates, representing Presley of
Southern California (The Highlands).
A decision by their client (Presley of Southern California) was
to enhance the entry statement into the project by constructing
a landscaped median when entering the property at Serrano and
Canyon Rim Road. This will increase the amount of landscaping
which was discussed and coordinated with City staff. The only
question that arose was relative to the maintenance because
everyone agreed it would be more positive to have more
landscaping going along Serrano. When the question of
maintenance came up, it was agreed the City would not have to
include the maintenance on their tax roles and the Homeowners
Association would maintain it. It is no different than other
arterials in the City where there are landscaped medians also
maintained by homeowners associations. All they are asking for
tonight is the ability to have the median which will enhance the
aesthetics to be maintained by the Homeowners Association as is
done in other parts of the City and done for other arterials
within The Highlands where such medians are provided.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition;
there being no response, he closed the public hearing.
Councilwoman Kaywood.
She asked for staff's recommendation relative to the request.
Joel Fick, Planning Director.
Staff's recommendation is that the Council, by motion, determine
that the EIR finding was covered in the previous EIR and that
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5:30 P.M,
the condition be amended as requested by the applicant. The
proposal is that the median island would be maintained by the
Homeowners Association.
Councilwoman Kaywood noted that a letter had been received
opposing maintenance by the Homeowners Association.
Councilman Daly.
He asked if this was consistent with the City's approach on
planned communities that Homeowners Associations maintain common
areas.
Joel Fick.
It is very consistent with the Specific Plan and the intent of
the Plan. That is the basis of staff's recommendation. When
the Specific Plan was approved for The Highlands, there was a
landscaped concept for establishing community identity and
neighorhood areas within the project. What Presley has proposed
is to go beyond the City's requirements and propose landscaping
within the median island. That is something the Planning
Department was encouraging and other departments were as well,
as long as it was not an added burden to the existing taxpayers
for the maintenance. The resolution is to amend the condition
to allow the Homeowners Association to do the maintenance within
the arterials and also adding a provision to make sure there was
liability insurance.
Councilwoman Kaywood.
She does not recall with other developers through the years
where there has been as much paperwork and consistent rehearings
and requests as on the recent Ranch developments.
Joel Fick.
He agreed on the processing of the paperwork but it is somewhat
unique in that this proposal goes beyond what the requirements
are. Otherwise it would have required some type of City
involvement in the maintenance of the medians if any. They want
to go beyond City requirements - install landscaping and have
offered to maintain it. He also confirmed that costs of staff
time are covered when filing the appropriate application fees
when amendments are requested such as the subject amendment.
ENVIRONMENTAL IMPACT REPORT NO. 273 CPREVIOUSLY. C~RTIFIED); Environmental
Impact Report No. 273 was certified by the City Council on June 23, 1987 in
conjunction with the approval of The Highlands at Anaheim Hills Specific Plan
(SP 87-1). Environmental Impacts and mitigation measures associated with the
development of the subject property were addressed through the certification
process. On motion by Councilman Hunter, seconded by Councilman Daly, the
initial study prepared and submitted by the applicant indicates that no
additional impacts would result from the amendment of the subject condition
697
City Hall. Anaheim. California COUNCIL MINUTES - July 18, 1989, 5:30 P.M.
and, therefore, EIR No. 273 is adequate to serve as the required environmental
documentation for this request. Council Members Ehrle and Pickler were
absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-305)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. Council Members Ehrle and Pickler were
absent. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-305 for adoption, amending
Specific Plan (SP 87-1) The Highlands at Anaheim Hills, as recommended in
memorandum dated July 5, 1989 from the Planning Department/Planning Division.
Refer to Resolution Book.
RESOLUTION NO, 89R-305; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE CONDITIONS OF APPROVAL OF SPECIFIC PLAN NO. 87-1 FOR THE
HIGHLANDS AT ANAHEIM HILLS AND AMENDING RESOLUTION NO. 87R-253 ACCORDINGLY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Kaywood and Hunter
None
Ehrle and Pickler
The Mayor declared Resolution No. 89R-305 duly passed and adopted.
MOTION: Councilman Hunter moved to direct the City Attorney to prepare an
ordinance to amend Condition No. 52 of Ordinance No. 4861, the Highlands at
Anaheim Hills Specific Plan (SP87-1) Development Area. Councilman Daly
seconded the motion. Council Members Ehrle and Pickler were absent. MOTION
CARRIED.
179; ITEMS Bi
DECISION DATE;
1989;
B6 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 29, 1989
JULY 6, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 21,
B1.
VARIANCE NO. 3966 AND NEGATIVE DECLARATION;
OWNER: SAMI ISSA AWAD AMMARI AND ELIZABETH AMMARI, 18711 Via Turtno,
Irvine, CA 92715
LOCATION: 218 W, South Street
Waiver of minimum lot width to establish a 3-lot, RS-7200 zone,
subdivision.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR:
Variance No. 3966 APPROVED, ZA89-46.
Approved Negative Declaration.
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City Hall. Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30
B2,
VARIANCE NO, 3967, CATEGORICALLY EXEMPT, CLASS 5
OWNER: DOUGLAS BLACK AND VERONIQUE BLACK, 4958 E. Budlong Street,
Anaheim, CA 92807
LOCATION: 4958 E, Budlong Street
Waivers of (a) maximum site coverage and (b) maximum number of
bedrooms to construct a 196 square-foot room addition to an existing
single-family residence.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR:
Variance No. 3967 APPROVED, ZA89-48.
B3.
VARIANCE NO, 3968 AND NEGATIVE DECLARATION:
OWNER: GEORGE BACH, 2925 Ricker Way, Anaheim, CA 92806
LOCATION; 2925 gicker Way
Waiver of minimum number of parking spaces to make interior
improvements to an existing industrial building.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR:
Variance No. 3968 APPROVED, ZA89-47.
Approved Negative Declaration.
B4.
VARIANCE NO. 3969 AND NEGATIVE DECLARATION:
OWNER: BRATENT FINANCIAL INC., 3960 E. Thousand Oaks Blvd., Suite
No. 201, Thousand Oaks, CA 91362
AGENT: BOULEVARD DEVELOPMENT INC., ATTN: REZA DADASHIAN; 777 South
Main Street, Suite 106, Orange, CA 92668
LOCATION; PropeNty is approximately 17,3 acres located southwesterly
of Nohl Ranch Road between the intersection of Nohl Ranch Road with
Canyon Rim Road and Serrano Avenue, approximately 2300 feet southeast
of the centerline of Canyon Rim Road (Tentative Tract Map No, 10977).
Waiver of required lot frontage to convert a public street to a
private street for a previously approved 9-lot, 1 open space lot,
RS-HS-22000 Zone (SC) residential subdivision.
Withdrawn by the Applicant.
BS.
ADMINISTRATIVE ADJUSTMENT NO, 0033, CATEGORICAI.I~ F~MPT, CLASS ~:
REQUESTED BY: Taylor Properties, 1145 West Shelly, Orange, CA 92668
LOCATION: 501 South Rose Street
To construct a 6,383 square-foot industrial building with waiver of
minimum number of parking spaces.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0033 APPROVED, ZA89-49.
B6.
ADMINISTRATIVE ADJUSTMENT NO. 0035, CATEGORICALLy EXEMPT, GLASS 5:
REQUESTED BY: The Koll Company, 4343 Von Karman Avenue, Newport
Beach, CA 92660
LOCATION; 1500-1540 South Lewis Street and 900-1010 East Cerritos
Avenue
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City Hall, Anaheim, California - COUNCIL MINUTES July 18, 1989, 5:30 P,M.
To construct 11 industrial buildings with waiver of minimum number of
parking spaces.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0035 APPROVED, ZA89-50.
End of the Zoning Administrator Items.
185: ANNUAL REVIEW OF DEVELOPMENT AGREEMENT NO, 88-02 BETWEEN THE CITY OF
ANAHEIM AND PRESLEY OF SOUTHERN CALIFORNIA (THE HIGHLANDS AT ANAHEIM HILLS
SPECIFIC PLAN DEVELOPMENT); Determining that on the basis of the evidence
submitted by Presley of Southern California (the property owner of the
Highlands at Anaheim Hills Specific Plan development area), that Presley of
Southern California has complied in good faith with the terms and conditions
of Development Agreement No. 88-02 for the 1988-1989 period under review.
~Submitted was report dated May 5, 1989 from the Planning Division Manager,
recommending the above.
Councilwoman Kaywood asked to hear from staff.
Joel Fick, Planning Director. This is required by Development Agreement
No. 88-02 between the City and Presley and also state law requires an annual
review of Development Agreements. Staff has reviewed the proposal and
believes Presley has complied in good faith with the Development Agreement for
the period that is addressed.
MOTION: Councilman Hunter moved to determine that on the basis of the
evidence submitted by Presley of Southern California (the property owner of
The Highlands at Anaheim Hills Specific Plan development area), that Presley
of Southern California has complied in good faith with the terms and
conditions of Development Agreement No. 88-02 for the 1988/89 period under
review. Councilman Daly seconded the motion. Council Members Ehrle and
Pickler were absent. MOTION CARRIED.
179; RECLASSIFICATION NO, 86-87-22 AND CONDITIONAL USE PERMIT NO. 2883
REOUEST FOR TIME EXTENSIONS;
REQUESTED BY: Mark Ghen, President, U. S. Southeast Corp.
505 City Parkway West, #1000,
Orange CA 92668
LOCATION/REOUEST; South and east of the southeast corner of Katella Avenue
and State College Boulevard. The petitioner requests a 2-year extension of
time for Reclassification No. 86-87-22 and Conditional Use Permit No. 2883, to
expire on September 22, 1991, subject to the legal property owners within two
months from this date (by September 18, 1989), executing and recording
covenants in a form approved by the City Attorney's Office wherein such owners
agree to certain conditions. Reclassification No. 86-87-22 is for a change in
zone from ML to CL, and CUP No. 2883 is to construct a 188' high, 13 story
office building and freestanding restaurant with waiver of minimum number of
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City Hall, Anaheim. California - COUNCIL MINUTES July 18, 1989, 5:30 P,M.
required parking spaces. Submitted was report dated July 6, 1989 from the
Zoning Administrator recommending approval of the requested extensions of time.
Annika Santalahti, Zoning Administrator. Staff is recommending that three
items be taken care of in the form of recording three separate covenants by
September 18, 1989. She contacted the applicants by telephone to tell them
what staff was doing and also sent a copy of the staff report. She does not
know if anyone is present on the matter today. (It was determined that no one
was present).
Joel Fick, Planning Director. This is consistent with what staff has been
doing on similar applications as well.
MOTION: Councilman Hunter moved to approve the requested 2-year extension of
time on Reclassification No. 86-87-22 and Conditional Use Permit No. 2883, as
outlined above and in accordance with staff recommendation. Councilman Daly
seconded the motion. Council Members Ehrle and Pickler were absent. MOTION
CARRIED.
179; CONDITIONAL USE PERMIT NO. 3011 - REQUEST FOR A TIME EXTENSION;
REQUESTED BY: Ramesh Patel
1914 S. Anaheim Boulevard,
Anaheim, CA 92805
LOCATION/REQUEST; 1914 South Anaheim Boulevard. The petitioner requests a
90-day extension of time from this date, retroactive to February 6, 1989, and
to expire on October 16, 1989, in order to satisfy Condition No. 11 of subject
petition. CUP No. 3011 is to permit a 2-story, 63-unit motel (plus manager's
unit).
Submitted was report dated July 3, 1989 from the Zoning Administrator,
recommending approval of the requested extension of time.
Annika Santalahti, Zoning Administrator. The applicants are present. They
have a copy of the staff report and have no problem with the recommendation.
Councilman Hunter moved to approve the requested 90-day extension of time
retroactive to February 6, 1989, to expire October 6, 1989 and as recomended
by staff. Councilman Daly seconded the motion. Council Members Ehrle and
Pickler were absent. MOTION CARRIED.
179: CONDITIONAL USE PERMIT NO. 316 - REOUEST FOR TERMINATION:
REQUESTED BY: Fred Gonzales, Jr. and M. Jessie Gonzales
LOCATION/REOUEST: 2250 West Woodley Avenue (previously 400 North Siesta
Street). The petitioner requests termination of Conditional Use Permit
No. 316 to establish a private park and recreational facility.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-306)
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City Hall. Anaheim. California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M,
Councilman Daly moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. Council Members Ehrle and Pickler
were absent. MOTION CARRIED.
Councilman Daly offered Resolution No. 89R-306 for adoption, terminating all
proceedings in connection with CUP No. 316 and declaring Resolution
No. 62R-1091 null and void as recommended by staff. Refer to Resolution Book.
RESOLUTION NO, 89R-306; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 316 AND DECLARING RESOLUTION NO. 62R-1091 NULL AND VOID.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Kaywood and Hunter
None
Ehrle and Pickler
The Mayor declared Resolution No. 89R-306 duly passed and adopted.
179; ORDINANCE NOS, 5043 THROUGH 5046 - INTRODUCTION; Councilman Hunter
offered Ordinance Nos. 5043 through 5046, both inclusive, for first reading.
ORDINANCE NO, 5043; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 63-64-62
(29), located at 716 South Webster Avenue from the RS-A-43,000 zone to the
RM-1200 zone)
ORDINANCE NO, 5044; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 88-89-22,
located at 747-755 North East Street, from the RS-7200 zone to the RM-3000
zone)
ORDINANCE NO, 5045; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.73 RELATING TO
SPECIFIC PLAN NO. 88-3 (gP 88-3) 20NE. (Santa Fe Pacf£1c Plaza.)
ORDINANCE NO, 2046; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone certain property owned by the Santa Fe Land
Improvement Company into the Specific Plan No. 88-3 zone)
ITEMS OF PUBLIC INTEREST;
Paul Weimer, 1219 South Anaheim Boulevard. He is the owner and operator of
the Office Barber Shop (30 years) this is the first time he has appeared
before the Council relative to the amended business license ordinance. The
City has taken all the service industry categories and lumped them all
together. His small barber shop is required to pay as much as the Mayor's law
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City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1989, 5;30 P.M,
office, perhaps more because he has only one employee. It is grossly unfair
and it has to be corrected so that it will be equitable. He has been to the
licensing people and feels they agree with him. He thinks the City Treasurer
agrees with him as well. The ordinance should be reopened. The barbers,
beauticians, babysitters, etc. should not be obligated to pay the same license
fees as attorneys, doctors and CPA's who will generate more money in their
offices in one month than he and other similar businesses can in one year.
Mayor Hunter. He agrees with Mr. Weimer in some respects. Doctors, lawyers,
etc. pay $177 which he paid; Mr. Weimer stated that is also exactly what he
paid.
Councilwoman Kaywood. The Council and the Chamber rejected taxing on gross
receipts and that is where the equity would come in.
Mr. Weimer stated that the proper and fair thing to do is to reopen the
ordinance and separate the service people out because there is no equity as it
stands.
Mayor Hunter stated they would take Mr. Weimer's comments into consideration.
106; SUPPLEMENTAL ITEMS 1989/90 BUDGET: Councilman Daly recalled relative to
the budget, there were a number of supplemental items that were deferred for
more analysis. He asked when the Council could expect to resume hearing those
requests.
City Manager Simpson answered it would be approximately mid August.
ADJOURNMENT; Councilman Hunter moved to adjourn. Councilwoman Kaywood
seconded the motion. Council Members Ehrle and Pickler were absent.
MOTION CARRIED. (9:06 p.m.)
LEONORA N. SOHL, CITY CLERK
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