1989/07/25City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
ASSISTANT CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
DEPUTY CITY ENGINEER: Arthur Daw
INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:35 p.m. on July 21, 1989 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 12:00 noon.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case
No. 40-92-46.
b. To discuss labor relations matters - Goverrunent 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 rearding 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, and welcomed those in attendance to the Council meeting.
(1:42 p.m.)
INVOCATION: Father Gary Goldacker, St. Michael's Episcopal Church, gave the
invocation.
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CitX Hall. Anaheim. California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M.
FLAG SALUTE: Councilman Tom Daly led the assembly in the Pledge of Allegiance
to the Flag.
119: PRESENTATION - CERTIFICATES OF ACHIEVEME_NT__- EMPLOYEE INVOLVEMENT
PROGRAM: The following employees were presented with Certificates of
Achievement issued by the Employee Involvement Program Board of Directors
along with monetary awards of $30 to $440: Lana Gordon - Customer Service
Representative/Public Utilities; Marge Pritchard - JTP Manager/Administration;
Ellis Williams - Custodian/Maintenance Services; Debi Belmonte - Building
Representative/Planning; Lynn Area - Maintenance Pipefitter Working
Supervisor/Public Utilities ($440); Cheryl Westbrook and Jon Borrego -
Planning Aides/Planning; Betty C. Johnson - Customer Service
Representative/Public Utilities; and Vi Atiya - Senior Office
Specialist/Public Utilities.
The suggestions submitted will either save City costs, improve service to the
public, or prevent possible hazards.
Mayor Hunter and Council Members congratulated each employee who was present
for their contributions.
119• PRESENTATION - VISION 2000 PUBLIC OPINION RESEARCH• Assistant City
Manager, James Ruth, introduced Mr. Dave Townsend, Townsend & Company, to give
his overview and analysis of the City of Anaheim survey summary and final
report.
Mr. Dave Townsend, Townsend & Company, briefed the report (see subject report
dated July 13, 1989 prepared by Townsend & Company and J. Moore Methods, Inc.
- made a part of the record.) J. Moore Methods Survey Research Firm sampled
600 registered voters in the City of Anaheim who voted in the 1988 General
Election; Townsend & Company supervised the creation of the questionnaire and
the overall implementation of the survey. The report contained the following
key elements - methodology, demographics, analysis, conclusion and summary.
(Also included in the report was a copy of the questionaire indicating the
responses). The intent of the report was to determine the most important
concerns of the voters in the City and assure City leaders that the Vision
2000 report is in sync with the wishes of the residents. Overall, the voters
in the City think things are moving in the right direction but that it is
below average in planning for traffic. "Crack down on drug dealers,
synchronizing traffic signals and enforcing house and health codes were
supported by 90$ of the voters." Fifty-one percent feel that growth is moving
too fast with apartment and rental development being of most concern. They
overwhelmingly believe that all forms of development (except apartment and
rental development) are more beneficial than harmful. At the conclusion of
his presentation which covered the material on pages 1 through 6 of the
report, Mr. Townsend stated that the electorate is very informed, educated and
very optimistic about the future of Anaheim.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $9,304,615.55, in
accordance with the 1989-90 Budget, were approved.
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
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-307 through 89R-316, both inclusive, for
adoption and Ordinance Nos. 5038 through 5042, both inclusive, for adoption)
Councilman Hunter moved to waive the reading in full of the resolutions and
ordinances. Councilman Pickler seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter,
seconded by Councilman Pickler, 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-307 through 89R-316, both inclusive, for adoption;
and Ordinance Nos. 5038 through 5042, both inclusive, for adoption. Refer to
Resolution Book.
A1. 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 Mary Beck for bodily injury sustained purportedly
due to actions of the City on or about April 7, 1989.
b. Claim submitted by Gabriel Dan Belei for bodily injury and property
damage sustained purportedly due to actions of the City on or about May 11,
1989.
c. Claim submitted by Glenna M. Murphy for bodily injury sustained
purportedly due to actions of the City on or about March 29, 1989.
d. Claim submitted by Cecile Appel for bodily injury sustained
purportedly due to actions of the City on or about March 23, 1989.
e. Claim submitted by Kathy Sakoguchi for bodily injury sustained
purportedly due to actions of the City on or about December 5, 1988.
f. Claim submitted by Luis P. Benegas & Eddie Hopper Chevrolet for
property damage sustained purportedly due to actions of the City on or about
December 4, 1988.
g. Claim submitted by Catalina Encinas for property damage sustained
purportedly due to actions of the City on or about December 4, 1988.
h. Claim submitted by Gloria Pinkston for property damage sustained
purportedly due to actions of the City on or about December 4, 1988.
i. Claim submitted by BGM Auto Sales for property damage sustained
purportedly due to actions of the City on or about December 4, 1988.
j. Claim submitted by Ron Brown for property damage sustained
purportedly due to actions of the City on or about December 4, 1988.
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
k. Claim submitted by Christina Delgado & Timothy Gierman for bodily
injuries and property damage sustained purportedly due to actions of the City
on or about May 22, 1989.
1. Claim submitted by Kimberly Steihl for property damage sustained
purportedly due to actions of the City on or about February 8, 1989.
m. Claim submitted by Scott W. Plyler for property damage sustained
purportedly due to actions of the City on or about June 10, 1989.
n. Claim submitted by Breck Alvis for bodily injury sustained
purportedly due to actions of the City on or about January 24, 1989.
o. Claim submitted by Irvine Sweeping Service for indemnity and
declaratory relief for damage sustained purportedly due to actions of the City
on or about April 20, 1989.
p. Claim submitted by Margaret Atkinson for bodily injury and property
damage sustained purportedly due to actions of the City on or about December
2, 1988.
q. Claim submitted by Kelly Romano for bodily injury and property damage
sustained purportedly due to actions of the City on or about February 25, 1989.
r. Claim submitted by Denise M. Ryan for bodily injury and property
damage sustained purportedly due to actions of the City on or about
February 25, 1989.
Application for Leave to Present Late Claim - Denied:
s. Claim submitted by Herbert Businger for property damages sustained
purportedly due to actions of the City on or about July 16, 1988.
A2. 105: Receiving and filing minutes of the Anaheim Parks, Recreation and
Community Services Department and Park and Recreation Commission/Youth
Commission joint meeting held May 24, 1989.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held June 8, 1989.
105: Receiving and filing minutes of the Community Services Board meeting
held June 8, 1989.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held June 28, 1989.
A3. 124: Awarding the contract to the lowest and best responsible bidder,
Federal Sign Division of Federal Signal Corporation, in the amount of $159,500
for Anaheim Convention Center Katella Readerboard Refurbishing.
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
A4. 150: Awarding the contract to the lowest and best responsible bidder,
Dewco General Contractors & Developers, in the amount of $110,361 for
Ponderosa Park Ballfield & Security Lighting.
A5. 175: Approving a Notice of Completion of the construction of 16" Weir
Canyon Road Water Main - Phase IV by Valverde Construction, Inc., and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A6. 170/123: Approving the Final Map of Tract No. 13153 and Subdivision
Agreement with Woodcrest Development of Orange County, Inc. Tract No. 13153
is located south of Canyon Vista Drive, east of Weir Canyon Road and is in
conjunction with Sycamore Canyon Specific Plan No. S.P. 88-1.
A7. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for eleven months ended May 31, 1989.
A8. 124: Approving an Arbitrage Rebate Services Contract with Jones Hall
Hill b~ White to provide rebate calculations for the Variable Rate Demand
Certificates of Participation (Parking Facilities Refinancing Project) dated
June 15, 1988.
- A9. 175.123: Waiving Council Policy 306 and authorizing the execution of a
contract, without advertising or competitive bidding, to Nadek Computer
Systems, in an amount not to exceed $191,000 for development and
recommendation of hardware requirements and equipment purchase for three local
area networks in the Utilities Department.
A10. 155/175: Approving a Negative Declaration pursuant to CEQA findings, for
the construction of the Serrano Avenue/Nohl Ranch Road Water Main.
All. 175/152: Authorizing the Public Utilities General Manager to certify as
to expectations and agreements regarding the Southern California Public Power
Authority Transmission Project Revenue Bonds, Series 1989 A. The City of
Anaheim's participation in the issuance of the bonds including the execution
of the certificate is exempt from the California Environmental Quality Act
("CEQA") and that the Public Utilities General Manager will execute a formal
statement to that effect. Further environmental review shall be conducted by
the City at such time as it considers participation in the projects that may
benefit from the financing.
A12. 153: RESOLUTION N0. 89R-307: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION N0. 88R-265 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY.
(To add the position of Code Enforcement Supervisor effective July 21, 1989.)
A13. 153: RESOLUTION N0. 89R-308: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING PERSONNEL RULE 17, SICK LEAVE, AS SET FORTH IN
RESOLUTION N0. 88R-166. (Effective July 21, 1989.)
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City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M.
153• RESOLUTION N0. 89R-309; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING PERSONNEL RULE 22, LEAVE WITHOUT PAY, AS SET FORTH IN
RESOLUTION N0. 88R-166. (Effective July 21, 1989.)
A14 153• RESOLUTION N0. 89R-3101 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING PERSONNEL RULE 5, HOURS OF WORK AND PAY DAY, AS SET
FORTH IN RESOLUTION N0. 88R-166. (Effective July 21, 1989.)
A15 153• RESOLUTION N0. 89R-311: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING TWO LETTERS OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION PERTAINING TO HOURS OF
WORK PROVISIONS. (Clerical unit and general unit - pertaining to the
implementation of the "Nine Plan" work schedule in the Public Works
Engineering Department.)
A16. 123: Approving a Third Amendment to Agreement with Anaheim~Disposal,
Inc., for the collection, transportation, and disposal of commercial and
industrial solid waste, and authorizing the Mayor to execute the agreement on
behalf of the City.
A17. 123: Approving an agreement with Ferrellgas, Inc., at an annual
estimated cost of $5,500 for the procurement of propane fuel for use at the
Anaheim Convention Center.
A18. 123: Approving an agreement with Anaheim Harbor Medical Clinic to
provide annual firefighter medical examinations for a period of two years,
beginning July 1, 1989.
A19 123• RESOLUTION N0. 89R-312:_ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
LABOR, SERVICES, EQUIPMENT TO CUT AND REMOVE RUBBISH, REFUSE AND DIRT UPON ANY
PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET, IN THE CITY OF
ANAHEIM, AS DIRECTED BY THE CHIEF OF THE FIRE DEPARTMENT, ACCOUNT N0.
01-202-6320. (Edwin Webber, fiscal year 1988/89.)
A20. 117: Approving an updated Investment Policy Statement, Strategy and
Goals from the City Treasurer, for 1989.
A21. 123: Approving the Certificate of Completion for the Sage Park Apartment
Project as per the Disposition and Development Agreement with Western National
Partners VIII.
A22. 153: Approving the recommendations from the Anaheim Private Industry
Council for service providers selection and funding for the period July 1,
1989 to June 30, 1990, and authorizing the JTPA Manager to execute the
necessary agreements and modifications thereto.
A23 123• RESOLUTION N0. 89R-313: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT MASTER SUBGRANT
AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA. (In the
amount of $683,624 for Title IIA - 78$, and Title IIA - 3$, for the period
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City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M.
July 1, 1989 to June 30, 1990, and authorizing the City Manager to execute
said agreement and modifications.)
A24 158: RESOLUTION N0. 89R-314; 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.
A25 149/142: ORDINANCE NO. 5038 - ADOPTION: 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 Clementine Street
to its easterly terminus.)
A26 175/155/142• ORDINANCE NO 5039 - ADOPTION: 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.
A27 132/000142: ORDINANCE N0. 5040 - ADOPTION: 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.
A28 105/152/142• ORDINANCE N0. 5041 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AUTHORIZING EXPENSE ALLOWANCES FOR MEMBERS OF THE LIBRARY BOARD.
A29 179: ORDINANCE N0. 5042 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING. (NUNC PRO TUNC) (Reclassification No. 79-80-25(4) to
correct errors in Ordinance No. 4626.)
A30. 114: RESOLUTION N0. 89R-315: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF
CITY COUNCIL MEETINGS.
Councilwoman Kaywood noted a letter was received from a citizen who seems to
have a misconception about the subject amendment. She asked the City Attorney
to clarify the action being taken.
City Attorney White. This remedies a situation that existed last week when
only three Council Members were present. The purpose is to have a rule which
will automatically allow for items to be continued over until the following
Council meeting under two contingencies - when there is a tie vote and a
member of the Council is either absent or required by law to abstain. The
other is where there are an insufficient number of Council Members present or
who are allowed by law to vote due to conflict of interest in order to adopt
an item before the Council. The Charter requires three votes on ordinances
and resolutions and orders for payment. of money. He had received a copy of
the letter referred to, that would indicate somehow the rule relates to
allowing members of the City Council who would otherwise be unable. due to
conflict of interest to vote. That is not correct. There is no change to the
current conflict of interest laws that now exist. By state law, a member not
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City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
able to vote on a matter currently would not be able to vote under the
proposed rule. It is not the intent of the rule to circumvent provisions that
now exist in state law. He reiterated the only purpose is to allow matters to
be automatically continued over when otherwise the Council would not be able
to act upon those matters.
A31. 103: RESOLUTION N0. 89R-316: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ORDERING A MUNICIPAL REORGANIZATION FOR THE TRANSFER OF
CERTAIN UNINHABITED TERRITORY BETWEEN THE CITIES OF ANAHEIM AND BUENA PARK
DESIGNATED AS ORANGE COUNTY MUNICIPAL REORGANIZATION N0. 117.
Roll Call Vote on Resolution Nos. 89R-307 through 89R-316:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 89R-307 through 89R-316, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5038 through 5042:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5038 through 5042, both inclusive, duly
passed and adopted.
End of Consent. Calendar. MOTIONS CARRIED.
123f130: INDEMNIFICATION AND MITIGATION AGREEMENT WITH M.L. MEDIA
PARTNERS L.P.: City Attorney Jack White introduced two additional items not
listed on the printed agenda which are recommended for Council action. The
first is a Reinstated Indemnification Agreement between the City and M.L.
Media Partners L.P. relating to clarifying and expanding the existing
indemnification provisions under the franchise that now exists for M.L.
Media. The second is also with M.L. - a Mitigation Agreement which relates to
making the facilities that M.L. currently has - the easements and its rights
of access to its customers equally available to other cable franchisees in the
event the City grants additional cable franchises expressly contingent upon a
reciprocal agreement being entered into by the other cable franchisees in the
City if there are any. He is recommending because the cable issue is
pertinent at today's meeting with regard to the proposed Empire Cable TV
Franchise, that the Council waive the provisions of the Brown Act that would
have required posting 72-hours in advance, finding that the need to act arose
since the agenda was prepared.
On motion by Councilman Hunter, seconded by Councilman Pickler, the Anaheim
City Council determined that the need to act on the following item arose after
the posting of the agenda for this meeting, on Friday, July 21, 1989, at
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
12:35 p.m.; and consequently waived the Brown Act requirement relative to
posting the item on the printed agenda. MOTION CARRIED.
MOT ON• Councilman Pickler moved to approve (1) a Reinstated Indemnification
Agreement between the City and M.L. Media Partners L.P. and (2) a Mitigation
Agreement between the City and M.L. Media Partners L.P. Councilman Hunter
seconded the motion. MOTION CARRIED.
129• PUBLIC HEARING - WEED ABATEMENT ROLL FOR 1988-1989: To receive public
comment/ob3ections on proposed weed abatement roll. Submitted was report
dated July 18, 1989 from the Fire Chief recommending that the Council accept
the written report of the Fire Chief regarding the cost of Weed Abatement
incurred during the 1988/89 Weed Abatement Contract with Edwin Webber, and
submit same to the County Assessor's Office.
Mayor Hunter asked if anyone wished to speak; there being no response, he
closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-317)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-317 for adoption. Refer to
Resolution Book.
RESOLUTION N0. 89R-317: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF
WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-317 duly passed and adopted.
1/111• PRIVATE INDUSTRY COUNCIL (PIC) APPOINTMENTS: Submitted was report
dated July 18, 1989 from Marge Pritchard, Job Training Program Manager,
recommending certain appointments to the Private Industry Council.
Councilwoman Kaywood moved to accept the recommendations concerning the
Private Industry Council from the Anaheim Chamber of Commerce, appointing
Lawrence Bowman, Rockwell International, to the PIC, removing Don Mitchell,
Rockwell International. Councilman Pickler seconded the motion. MOTION
CARRIED.
Councilwoman Kaywood moved to appoint two members to the Private Industry
Council for two-year terms from the list of nominees submitted - Emile
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
Conforti, IMPRO Corporation and Doug Gibson, Anaheim Executive Suites.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilwoman Kaywood moved to accept the recommendation from United Way and
appoint Frank Dominquez, Director Hispanic Development Council, to fill the
community based representation category. Councilman Pickler seconded the
motion. MOTION CARRIED.
130: PRESENTATION - CABLE TELEVISION SURVEY: Final Report - Receiving and
filing the results of a cable television Survey conducted by Harbricht
Research Incorporated. Submitted was report dated July 18, 1989 from the
Intergovernmental Relations Officer, Kristine Thalman, recommending that the
Council receive and file the subject survey.
Kristine Thalman, Intergovernmental Relations Officer. One of the
responsibilities of regulating the cable franchise is to determine the level
of satisfaction of current subscribers. The City's current cable company,
M.L. Media is also interested in what subscribers think. To this end, the
City and M.L. entered into a joint agreement to conduct and fund the survey.
She then introduced Mr. Robert Harbricht, President of Harbricht Research, who
conducted the survey. "The final report provides both the City of
Anaheim and Multivision Cable with a working document indicating which areas
regarding cable television programming, rates, regulations and level of
service may or may not warrant further investigation or consideration."
Mr. Robert Harbricht, President of Harbricht Research. He highlighted the
results of the survey. (See - Cable TV Subscriber Survey dated July 1, 1989
presented to City of Anaheim - Multivision Cable TV - by HRI Harbricht
Research, Inc.). He then briefed portions of the extensive report
supplemented by slides which were representative of the hard copies in the
report relating to the background and objectives of the survey, the study
methodology, the study findings overall satisfaction with cable TV service,
dissatisfaction with cable TV service noting the reasons in a priority
listing, satisfaction with M.L. response, etc. A copy of the research
questionnaire was also included in the report. The study concluded that, ". .
. the great majority of subscribers are satisfied with the cable TV service.
Eight out of ten subscribers said they were "very" or "fairly" satisfied with
Multivision Cable TV." (See report on file in the City Clerk's Office which
explains all findings in detail).
The Council thanked Mr. Harbricht for the presentation.
105• TERMS EXPIRING - PARKS AND RECREATION COMMISSION (6/30/89): Ratifying
appointments representing the Anaheim City School District and the Magnolia
School District.
Councilwoman Kaywood moved to ratify the reappointment of Chris Whorton to a
four year term ending June 30, 1993 representing the Anaheim City School
District, as reported in letter dated June 15, 1989 from the District
Superintendent. Councilman Pickler seconded the motion. MOTION CARRIED.
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City Hall Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
Councilwoman Kaywood moved to ratify the reappointment of Ruth W. Good to a
four year term ending June 30, 1993 representing Magnolia School District, as
reported in letter dated June 29, 1989 from the District Superintendent.
Councilman Pickler seconded the motion. MOTION CARRIED.
105• APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING 6/30/89 ON CITY BOARDS AND
COMMISSIONS:
COMMUNITY REDEVELOPMENT COMMISSION for the new term ending 6/30/93 (Renner.
Anthony. unscheduled vacancy of Kott): City Clerk Sohl announced that also to
be included is the vacancy due to the resignation of Paul Kott for the term
ending June 30, 1992.
Councilman Daly moved to continue the reappointments of the terms of Doug
Renner and Bob Anthony for one week. Councilman Pickler seconded the motion.
MOTION CARRIED.
Councilwoman Kaywood nominated Fernando Oliveras to fill the unexpired term of
Paul Kott (term ending June 30, 1992). Councilman Hunter seconded the
nomination. There being no further nominations, nominations were closed.
Mr. Oliveras was thereupon unanimously appointed to the Community
Redevelopment Commission for the term ending June 30, 1992.
COMMUNITY SERVICES BOARD for the new term expiring 6/30/93 (Dexter
Sullivan): Councilman Ehrle moved to reappoint Donald Dexter and Margaret
Sullivan to the Community Services Board for the term ending June 30, 1993.
Councilwoman Kaywood seconded the motion. MOTION CARRIED UNANIMOUSLY.
Donald Dexter and Margaret Sullivan were thereupon reappointed to the
Community Services Board for the term ending June 30, 1993.
HOUSING COMMISSION for the new term expirine 6/30/93 (Patino. Thill):
Councilman Pickler moved to reappoint Margaret Patino and Elmer Thill to the
Housing Commission for the term ending June 30, 1993. Councilman Daly
seconded the motion. MOTION CARRIED UNANIMOUSLY.
Margaret Patino and Elmer Thill were thereupon reappointed to the Housing
Commission for the term ending June 30, 1993.
ECONOMIC DEVELOPMENT BOARD for the new term expiring 630/93: (Cooper.
Hardin Pawlowski - Mr Pawlowski did not wish reappointment after serving a
two-year term on the Board): Councilman Pickler moved to reappoint Chuck
Cooper and Dennis Hardin to the Economic Development Board for the term ending
June 30, 1993. Councilman Hunter seconded the motion. MOTION CARRIED
UNANIMOUSLY.
Chuck Cooper and Dennis Hardin were thereupon reappointed to the Economic
Development Board for the term ending June 30, 1993.
Nominations were open for the remaining term ending June 30, 1993.
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City Hall Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
Councilwoman Kaywood nominated Trini Melcher; Councilman Pickler nominated
Russell Ferguson.
Nominations were closed and the nominees then voted on in the order of
nomination.
Trini Melcher:
AYES: COUNCIL MEMBERS: Kaywood
NOES: COUNCIL MEMBERS: Daly
ABSTAINED: COUNCIL MEMBERS: Ehrle, Pickler and Hunter
ABSENT: COUNCIL MEMBERS: None
Russell Ferguson:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
Councilman Hunter moved a unanimous vote on Russell Ferguson. Councilman
Pickler seconded the motion. MOTION CARRIED UNANIMOUSLY.
Russell Ferguson was thereupon appointed to the Economic Development Board for
the term ending June 30, 1993.
LIBRARY BOARD for the__new term exvirine 6/30/93 (Dahl. Taylor): Councilman
Daly moved to reappoint Earl Dahl and Davis Taylor to the Library Board for
the term ending June 30, 1993. Councilwoman Kaywood seconded the motion.
MOTION CARRIED UNANIMOUSLY.
Earl Dahl and Davis Taylor were thereupon reappointed to the Library Board for
the term ending June 30, 1993.
PLANNING COMMISSION for the new term_exvirine 6/30/93 [Carusillo. Messe):
Nominations were opened for the reappointments/appointment of two Planning
Commissioners.
Councilman Hunter nominated John Carusillo.
Councilwoman Kaywood nominated Bob Messe.
Councilman Pickler nominated Glenn Hellyer.
Councilman Ehrle nominated Bryan Crow.
Nominations were closed and nominees voted upon in the order in which they
were nominated.
John Carusillo:
715
City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
AYES: COUNCIL MEMBERS: Kaywood and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSTAINED: COUNCIL MEMBERS: Ehrle and Pickler
ABSENT: COUNCIL MEMBERS: None
Bob Messe:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Glenn Hellyer:
AYES: COUNCIL MEMBERS: Daly and Pickler
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Ehrle, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: None
Bryan Crow:
AYES: COUNCIL MEMBERS: Ehrle and Hunter
- NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Daly, Pickler and Kaywood
ABSENT: COUNCIL MEMBERS: None
City Attorney White explained that Bob Messe had been reappointed; however,
none of the other nominees had gathered the necessary minimum three votes.
The Council can either revote on all three or continue the matter.
John Carusillo:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood and Hunter
Daly
Ehrle and Pickler
None
Glenn Hellyer:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
None
Bryan Crow:
AYES: COUNCIL MEMBERS: Hunter
- NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood
ABSENT: COUNCIL MEMBERS: None
716
City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
Councilman Pickler moved the appointment of Glenn Hellyer to the Planning
Commission for the term ending June 30, 1993 be unanimous. Councilman Hunter
seconded the motion. MOTION CARRIED.
Mr. Glenn Hellyer was thereupon appointed to the Planning Commission for the
term ending June 30, 1993.
Mayor Hunter asked that a letter of thanks be sent to Mr. Carusillo, former
Police Officer and friend. He hoped that the vote in no way reflects the fact
that Mr. Carusillo was his (Hunter's) original appointee.
Councilwoman Kaywood. Mr. Carusillo served on the Parks and Recreation
Commission representing the Planning Commission and has been a very good
member of that Commission to which he is liaison. She is really sorry to see
him go.
Councilman Pickler. He does not believe that the comment made by the Mayor is
in the mind of anyone.
PUBLIC UTILITIES BOARD for the new term expiring 6/30/93 (Kazarian.. Smith.
Stanton): Councilman Daly moved to reappoint Bob Kazarian, Walter Smith and
Dale Stanton to the Public Utilities Board for the term ending June 30, 1993.
Councilwoman Kaywood seconded the motion. MOTION CARRIED UNANIMOUSLY.
Messrs. Kazarian, Smith and Stanton were thereupon reappointed to the Public
Utilities Board for the term ending June 30, 1993.
SENIOR CITIZEN COMMISSION for the new term expiring 6/30/92 (Shanahan.
Siegmund - Mr. Shanahan did not wish reappointment having served on the
Commission for 9 years): Councilman Pickler moved to reappoint Herman
Siegmund to the Senior Citizens Commission for the term ending June 30, 1992.
Councilman Hunter seconded the motion. MOTION CARRIED UNANIMOUSLY.
Herman Siegmund was thereupon reappointed to the Senior Citizens Commission
for the term ending June 30, 1992.
Councilwoman Kaywood moved to appoint Helena Malek to the Senior Citizens
Commission; Councilman Pickler stated he would like to have one week to give
additional thought to the appointment to that Commission.
Councilman Pickler moved to continue the remaining appointment to the Senior
Citizens Commission for one week. Councilman Hunter seconded the motion.
MOTION CARRIED.
123/106: AGREEMENT FOR CONSULTING SERVICES - ORANGE COUNTY JAIL EIR REVIEW:
Submitted was report dated July 20, 1989 from the Administrative Services
Director, Ron Rothschild, recommending approval of an agreement with Remy &
Thomas to review the Orange County Jail draft EIR.
Councilwoman Kaywood moved to authorize an agreement with Remy & Thomas for
professional consulting services regarding the Orange County Jail draft EIR in
717
City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M.
the amount of $7,500, and appropriating said amount from the Council
Contingency Fund. Councilman Daly seconded the motion. MOTION CARRIED.
179/134• ITEMS B1 - B10 FROM THE PLANNING COMMISSION MEETING OF JULY 5 1989
- INFORMATION ONLY - APPEAL PERIOD ENDS JULY 27. 1989:
B1 GENERAL PLAN AMENDMENT NO 257 - CIRCULATION ELEMENT AND NEGATIVE
DECLARATION:
OWNER: CITY OF ANAHEIM, 200 S. Anaheim, Boulevard, Anaheim, CA 92803
City initiated amendment to the Circulation Element of the General
Plan to consider 1) redesignation of Convention Way from West Street
to a point approximately 1500 feet west of Harbor Boulevard from a
private local street to a Major Arterial Highway; and 2)
redesignation of Convention Way from Haster Street to Manchester
Avenue from a Secondary Arterial Highway to a Primary Arterial
Highway.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
GPA N0. 257 APPROVED by the Planning Commission. (PC89-173 5 yes, 2
absent)
Approved Negative Declaration.
Set for public hearing„August 8. 1989, at 3:00 p.m.
B2 VARIANCE NO 3970 AND NEGATIVE DECLARATION:
OWNER: WOODCREST DEVELOPMENT, ATTN: JAMES HIGHLAND, 17911 Mitchell
Avenue, Irvine, CA 92714
LOCATION• Tract Map No 12995 [Sycamore Canvon Svecific Plan
(SP88-1) Development Area 1)
Waiver of permitted encroachments into required yards to construct a
5'S" foot high solid wall with a 5 foot 10 inch high pilaster in the
front setback area abutting Canyon Creek Road in order to provide
patio walls for units in a previously-approved townhouse complex.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
Variance No. 3970 APPROVED by the Planning Commission without
changes. (PC89-174 5 ayes, 2 absent).
Approved Negative Declaration.
B3. RECLASSIFICATION NO 88-89-50 VARIANCE NO 3934. TENTATIVE TRACT MAP
NO 13925 AND NEGATIVE DECLARATION:
OWNER: ELIAS DUIEDO AND JOHN WRIGHT, 6351 Santa Catalina, Garden
Grove, CA 92645
LOCATION• 227 North Coffman Street
For a change in zone from RS-7200 to RM-3000 or a less intense zone.
To construct a 1 and 2-story, 5-unit condominium complex with waivers
of (a) maximum fence height and (b) permitted encroachment into
required yards. Property is approximately 0.45 acre located at the
southwest corner of Cypress and Coffman Streets.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
Reclassification No. 88-89-50 GRANTED for RM-3000 or a less intense
zone. Variance No. 3934 GRANTED with waivers:
718
City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
a. maximum fence height approved
b. permitted encroachment -required yards approved.
Tentative Tract 13925 APPROVED, (no action taken by Council at the
meeting of June 27, 1989, Item B19)
(PC89-175 and 176, 5 yes, 2 absent).
Approved Negative Declaration.
B4. VARIANCE NO. 3964 AND NEGATIVE DECLARATION:
OWNERS: WILLIAM C. GOODMAN AND HELENE K. GOODMAN, 17052 Palmdale
Street, Hungtington Beach, CA 92647
LOCATION: 716 South Webster Avenue
Waivers of (a) maximum structural height, (b) required elevators and
(c) required handicapped access to construct a 22-unit apartment
complex.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
Variance No. 3964 GRANTED, IN PART, subject to trees larger than 15
gallon and no doors or windows on the east; balcony walls minimum of
6 feet, including planter box, with waivers:
a. maximum structural height approved
b. required elevators deleted - not required
c. required handicapped access deleted
(handicapped ramp access to all 1st floor units provided)
(PC89-177, 5 yes, 2 absent)
Approved Negative Declaration.
B5. CONDITIONAL USE PERMIT N0. 3175 AND NEGATIVE DECLARATION:
OWNER: JOSEPH MESSINA AND PAULA MESSINA, 1319 North Cozy Terrace,
Anaheim, CA 92805
LOCATION: 1319 North Cozy Terrace
To permit a 630 square-foot granny unit.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
CUP N0. 3175 GRANTED (PC89-178) subject to recorded covenant
guaranteeing unit will not be rented and will be occupied by no more
than two occupants, who must be 60 years of age or older.
(PC89-178, 5 yes, 2 absent)
Approved Negative Declaration,
B6 CONDITIONAL USE PERMIT N0. 1855 AND NEGATIVE DECLARATION:
OWNER: NORTH STREET PARTNERSHIP, ATTN: GILBERT U. KRAEMER, JR.,
P.O. Box 275, Placentia, CA 92670
AGENT: MILAN M. DOSTAL, 1 City Boulevard W., Suite 308, Orange, CA
92668
LOCATION: 1071 North Blue Gum Street
To permit recreational vehicle sales at a previously approved car
leasing facility.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
CUP N0. 1855 GRANTED for a period of 10 years, limited to maximum of
21 vehicles. Landscaping to be maintained, and irrigated. No
mechanical work to be done onsite.
719
City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
(PC89-179, 5 yes, 2 absent)
Approved Negative Declaration.
B7. CONDITIONAL USE PERMIT NO 3123 AND NEGATIVE DECLARATION:
OWNER: FERIDOON HAKIMIJOO, 1900 E. La Palma Avenue, Anaheim, CA
92805
LOCATION• 500 South Euclid Street. Suites "C" and "D"
To permit a 795 square-foot expansion of a previously approved 2,205
square-foot convenience market with fast food service within an
existing retail center.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
CUP No. 3123 GRANTED without changes.
(PC89-180, 5 yes, 2 absent)
Approved Negative Declaration.
REPORTS AND RECOMMENDATIONS:
B8 PROPOSED CODE AMENDMENT PERTAINING TO ROOF MOUNTED EQUIPMENT:
FOR COMMERCIAL ZONES IN THE SCENIC CORRIDOR OVERLAY ZONE:
PROPOSED CODE AMENDMENT RECOMMENDED BY THE PLANNING COMMISSION.
B9 PROPOSED CODE AMENDMENT PERTAINING TO ON-SALE OF ALCOHOLIC BEVERAGES IN
BOWLING ALLEYS IN THE ML (LIMITED INDUSTRIAL) ZONE:
PROPOSED CODE AMENDMENT RECOMMENDED BY THE PLANNING COMMISSION.
B10 VARIANCE NO 3751 - REQUEST FOR WAIVER OF CITY COUNCIL POLICY N0. 542
PERTAINING TO SOUND ATTENUATION:
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
Approved subject to recommendations of sound study.
End of the Planning Commission Items.
179• TERMINATION - CONDITIONAL USE PERMIT NO 2738: Submitted was report
dated June 27, 1989 from the Planning Department, recommending that the
Council terminate the subject CUP as requested.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-318)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-318 for adoption, terminating
all proceedings in connection with Conditional Use Permit No. 2738 and
declaring Resolution Nos. 86R-79 and 86R-305 null and void. Refer to
Resolution Book.
720
Citv Hall. Anaheim. California - COUNCIL MINUTES - July 25 1989 1.30 P M
RESOLUTION N0. 89R-318: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
N0. 2738 AND DECLARING RESOLUTION NOS. 86R-79 AND 86R-305 NULL AND VOID.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-318 duly passed and adopted.
179: ORDINANCE NOS. 5043 THROUGH 5046 - ADOPTION•
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 5043 through 5046, both inclusive for
adoption)
Councilman Hunter moved to waive the reading in full of the ordinances.
Councilman Pickler seconded the motion. MOTION CARRIED.
ORDINANCE N0. 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 N0. 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 N0. 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 N0. 88-3 (SP 88-3) ZONE. (Santa Fe Pacific Plaza.)
ORDINANCE NO. 5046: 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.)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5043 through 5046, both inclusive, duly
passed and adopted.
721
City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M.
179• ORDINANCE NOS 5047 THROUGH 5049 - INTRODUCTION: Councilman Hunter
offered Ordinance Nos. 5047 through 5049, both inclusive, for first reading.
ORDINANCE N0. 5047: 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. 88-89-42
located at 1490 S. Anaheim Boulevard from the ML zone into the CL zone.)
ORDINANCE N0. 5048: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE N0. 4861 RELATING TO SPECIFIC
PLAN 87-1 ZONING. (The Highlands.)
ORDINANCE N0. 5049: 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. 88-89-28
(Tentative Tract No. 13797)located at 3802, 3906, and 3920 Orange Avenue from
the RS-A-43,000 zone into the RS-5000 zone.)
155/170• ITEM B18 FROM THE PLANNING COMMISSION MEETING OF JULY 17. 1989 -
INFORMATION ONLY - APPEAL PERIOD ENDS JULY 27. 1989:
B18 EIR NO 283 [PREVIOUSLY CERTIFIED) VESTING TENTATIVE TRACT MAP N0. 12992
- (REVISION NO 1) AND SITE PLAN•
OWNER: WOODCREST DEVELOPMENT, ATTN: JAMES HIGHLAND, 17911 Mitchell
Avenue, Irvine, CA 92714
LOCATION: Property is located southeast of the southerly terminus of
Weir Canyon Road, and is bounded on the east by the future southerly
extension of Weir Canyon Road and on the south by The Summit of
Anaheim Hills Specific Plan development area and is further described
as Sycamore Canyon Specific Plan SP88-1 (Amendment No. 1) Development
Area 10.
To establish a 19.1-acre, 61-lot (plus 1 park site lot and 3 open
space lots) single-family detached residential subdivision.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
Vesting Tentative Tract Map No. 12992 APPROVED.
EIR NO. 283 (previously certified) APPROVED.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
RECESS: By general consent the Council recessed for ten minutes. (2:47 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, with the exception of Councilwoman Kaywood. (3:15 p.m.)
- 107142' PUBLIC HEARING - 1988 EDITIONS OF VARIOUS BUILDING CODES: Submitted
was report dated July 17, 1989 from the Chief Building Official, Wayne West,
recommending adoption of resolutions justifying local amendments and
ordinances for various Building Codes as well as adopting new fee schedules
722
CitX Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
for permits and service pursuant to the Uniform Building, Plumbing and
Mechanical Codes.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 14 and July 24, 1989.
Mayor Hunter opened the public hearings on the following:
1988 EDITION OF UNIFORM BUILDING CODE: To consider adoption of the 1988
Edition of the International Conference of Building Officials' Uniform
Building Code, with Amendments thereto, and amending Title 15 of the Anaheim
Municipal Code by adding a new Chapter 15.04.
1988 EDITION OF UNIFORM PLUMBING CODE: To consider adoption of the 1988
Edition of the International Association of Plumbing and Mechanical Officials'
Uniform Plumbing Code, Appendices A, B, C, D, E, H and I included, with
amendments thereto, and amending Title 15 of the Anaheim Municipal Code by
adding a new Chapter 15.20.
1988 EDITION OF UNIFORM MECHANICALCODE: To consider repealing Chapter 15.50
of Title 15 of the Anaheim Municipal Code and adopting the 1988 Edition of the
International Conference of Building Officials' Uniform Mechanical Code, with
amendments thereto, and amending Title 15 of the Anaheim Municipal Code by
adding a new Chapter 15.50.
1988 EDITION OF UNIFORM SOLAR ENERGY CODE: To consider adoption of the 1988
Edition of the International Association of Plumbing and Mechanical Officials,
Uniform Solar Energy Code, with certain amendments thereto, and adding new
Chapter 15.55 to Title 15 of the Anaheim Municipal Code.
1988 EDITION OF UNIFORM SWIMMING POOL. SPA AND HOT TUB CODE: To consider
adoption of the 1988 Edition of the International Association of Plumbing and
Mechanical Officials, Uniform Swimming Pool, Spa and Hot Tub Code, with
certain amendments thereto, and adding new Chapter 15.30 to Title 15 of the
Anaheim Municipal Code.
X988 EDITION OF UNIFORM HOUSING CODE: To consider adoption of the 1988
Edition of the International Conference of Building Officials', Uniform
Housing Code, with certain amendments thereto, and adding new Chapter 15.36 to
Title 15 of the Anaheim Municipal Code.
1988 EDITION OF UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS: To
consider adoption of the 1988 Edition of the Uniform Code for the Abatement of
Dangerous Buildings, as promulgated by the International Conference of
Building Officials, with certain amendments thereto, and adding new Chapter
15.06 to Title 15 of the Anaheim Municipal Code.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
723
City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
City Attorney White reported that various proposed amendments to the Building
Code have been approved by the State of California and are available for
adoption by all California communities after August 1, 1989. The items have
been recommended for Council's approval with amendments.
COUNCIL ACTION:
Mayor Hunter closed the public hearings on the subject Code amendments and fee
schedules.
City Attorney White recommended that only the ordinances be offered for first
reading today and that the necessary resolutions be included on next week's
Council agenda for adoption at the time of final reading of the ordinances.
Councilman Hunter offered Ordinance No. 5050 through 5056, both inclusive, for
first reading.
ORDINANCE NO. 5050: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
UNIFORM BUILDING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.04.
- ORDINANCE NO. 5051: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.20 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS' UNIFORM
PLUMBING CODE, 1988 EDITION, APPENDICES A, B, C, D, E, H AND I INCLUDED, WITH
AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY
ADDING THERETO A NEW CHAPTER 15.20.
ORDINANCE N0. 5052: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.50 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
UNIFORM MECHANICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.50.
ORDINANCE N0. 5053: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.55 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, 1988 EDITION OF THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN AMENDMENTS
THERETO, AND AMENDING NEW CHAPTER 15.50 TO TITLE 15 OF THE ANAHEIM MUNICIPAL
CODE.
ORDINANCE N0. 5054: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADOPTING, BY REFERENCE, A SWIMMING POOL, SPA AND HOT TUB CODE ENTITLED,
"UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION OF THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH
AMENDMENTS THERETO, AND AMENDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM
- MUNICIPAL CODE.
ORDINANCE N0. 5055: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
724
Citv Hall. Anaheim. California - COUNCIL MINUTES - July 25 1989 1.30 P M
THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS UNIFORM
HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.36.
ORDINANCE N0. 5056: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.06 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988
EDITION AS PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS
WITH CERTAIN AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.06 THERETO-.
It was clarified that the related resolutions setting forth local conditions
•justifying amendments to the Uniform Building, Plumbing and Mechanical Code,
1988 Edition will be on the August 1, 1989 Council agenda along with
corresponding ordinances as well as resolutions adopting new fee schedules for
permits and services relating to the three Codes.
1.21: PUBLIC HEARING - ACQUIRING AUTHORIZING THE CONDEMNATION OF A PORTION OF
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES (R/W 3091)• 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 Barr & Einboden, Special Counsel
for the City of Anaheim and the City Attorney, to proceed with said
Condemnation Act (Schlund - Condemnee).
This matter was continued from the meeting of July 18, 1989, to this date for
full Council action.
City Attorney White. Matters before the City Council other than contained in
the staff report are the provisions of the City General Plan, in particular
the circulation element and the provisions of the Anaheim Municipal Code
specifically Section 18.04.080 as apertaining to this proceeding.
Thomas Kieviet, Farano & Kieviet, representing the Patel Family,
owners and operators of the Dunes Motel.
He is present to present their position in favor of the
resolution of necessity to authorize the condemnation of the
frontage of the property for road and utility purposes 75 feet
long by 15 feet wide on the east side of West Street, between
Ball Road and Cerritos. The present motel is almost 30 years
old and in deteriorating condition. The Patels wish to replace
the structure with a new and improved motel. They own and
operate the motel under a 99-year ground lease with 70 years yet
to run. The code prohibits the Patels from obtaining a building
permit for the new motel unless and until the street frontage is
dedicated to its ultimate width of 60 feet. They are more than
willing to dedicate the leasehold interest but the underlying
property owners have refused to make such dedication.
725
City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989, 1:30 P.M.
The property owner has requested modifications to the ground
lease with increases in rent that far exceed the value of the
property that needs to be dedicated. The lease modifications
would substantially increase financial obligations under the
ground lease and would cause redevelopment of the property to be
financially impossible. Anew motel would serve to increase the
value of the property and it is in the best interest of the
property owner for dedication to take place. The circulation
element was amended by General Plan Amendment No. 115 to change
West Street from Cerritos to Ball from a secondary arterial
(45-foot half width) to a major arterial (60-foot half width).
A substantial portion of both sides of West Street have already
been dedicated to 60 feet. The property on the west side of
West Street from Ball to Winston has already been dedicated and
two parcels on the east side north of the subject property have
also been dedicated to 60 feet. Most of the property on West
Street that still needs to be dedicated is owned by Disneyland.
A reasonable offer of $15,750 has been made to the underlying
property owner for their remaining interest in the property to
be condemned. It has been made in good faith by both the Patels
and the City but has not been accepted by the property owner.
The Patels have agreed to pay for the property acquisition cost
and cost of condemnation. The condemnation of the subject
property is in the public interest and necessary to carry out
the circulation element of the City of Anaheim and street
widening is planned and located in a manner that is most
compatible with the greatest public good and least private
injury and the property sought to be acquired as necessary for
the street widening.
Councilwoman Kaywood entered the Council Chamber. (3:23 p.m.)
Mayor Hunter asked to hear from anyone who wished to speak.
Mr. Alex Fafenrodt, 201 North Century, Los Angeles, Counsel for
the Schlunds. He is speaking in opposition on behalf of the
property owners. It is important to understand why the owners
are vigorously opposed to the exercise of the power of eminent
domain. Negotiations have been going on between the property
owners and the tenants since 1986. They have discussed amending
the lease to include in addition to some adjustments in rent
such things as increasing the public liability insurance that
would be required by the tenant from its present
$100,000-$200,000 coverage to $2.5 to $5 million which is not
unreasonable in today's environment. They have requested a
modernization of appraisal procedures set forth in the lease to
carry out periodic rent adjustments provided in the lease
through arbitration and a request that requirements for
insurance coverage be evaluated every three instead of five
years. All of these have been rejected by the tenant. The last
communication by the tenant was in October of 1988 when he wrote
suggesting a compromise. There was no response to that or a
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
recent letter offering to resume negotiations. They would be
willing to dedicate the land if the tenant is willing to make
some modifications to the lease which are reasonable. It is
primarily a contractual dispute between the landlord and the
tenant. The City now seeks to insert itself in the middle by
undertaking the proposed condemnation. This is a condemnation
which would be undertaken solely for private use and not for the
public benefit that is required by contractual and statutory law.
In talking with staff, there are no present plans to widen West
Street regardless of whether or not there is a dedication and it
is not their intent to undertake condemnation of parcels on West
Street which have not been dedicated. The only purpose is to
enable the tenant to do an end run around the landlord and
obtain building permits so that the tenant may build a new
improvement on the property. There is nothing that can be
gleaned from either Mr. Kieviet's comments or discussions that
.his office has had with staff that there is any contemplation
that physical improvement of the street will take place within
the next 7 years and it could be as much as 20 years depending
on when Disneyland decides to develop its adjoining property.
He reiterated this is strictly a private use and inappropriate
and improper use of the extreme power of eminent domain for this
purpose.
City Attorney White.
The Anaheim Municipal Code requires as a matter of law, in
conjunction with building permits that are applied for, that
dedication in accordance with the General Plan be obtained at
the time building permits are issued which is the underlying
reason that this came before the Council today. The City in
general has a policy that seeks to obtain dedication of
right-of-way voluntarily from the owners in conjunction either
with ministerial permits or discretionary permits rather than
going through the condemnation process. Much of the
right-of-way has been acquired through the voluntary dedication
mode. After the public hearing is closed, he has asked the
Assistant City Engineer to respond to the issue relating to the
7-year probability that the property will be put to public use
in that time.
Clyde Schlund, 616 Peralta Hills Drive, owner of the property on
which the Dunes is located.
He gave the results of a study he did regarding traffic on West
Street going to the I-5 which takes a maximum of 16 minutes
during peak hours. West Street was the least congested of most
of the streets in the area. He fails to see how the City is
going to gain anything at this time by condemning a 15-foot
parcel of property specifically in front of a 75-foot strip of
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
motel. Until Disneyland or other development in that area takes
place, he fails to see the need for condemning the property.
Tom Kieviet.
The street has been designated as a major arterial highway for a
number of years on the City circulation element. With 70 years
to go on the ground lease, their hands are tied in being able to
redevelop that parcel. They need the strip to be dedicated in
order to redevelop for their benefit and the benefit of the City
as well.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
City Attorney White.
He clarified questions posed by Councilman Pickler~concluding
that the only reason the City is involved in this case is
because the tenant is seeking to obtain a building permit and
cannot do so until there is dedication. Because dedication
cannot voluntarily occur and because the City General Plan and
City Policy is to acquire the right-of-way in that area, the
City has agreed by a previous agreement entered into between the
City and the tenant to seek to acquire the necessary
right-of-way. It is in conformance with existing City Policy.
The Engineering Department can speak to the technical issues.
Art Daw, Deputy City Engineer.
As stated, West Street was originally a secondary highway and
updated to a major highway for the dedication requirement of
60 feet from centerline due to intense traffic congestion in the
area. The present 5-year Capital Improvement Program does not
have the widening of West Street in the program at this time.
However, the last 3 years are very "soft" as far as projects and
the firmness of them and subject to amendments on an annual
basis. It is his opinion given the development that is
occurring in the area, the likelihood of West Street being
widened within 7 years is a very good possibility.
Paul Singer, Traffic Engineer.
Answering Councilman Ehrle, this is a very vital area and any
time there is a development on any frontage in this specific C-R
area, every effort should be made to acquire as much
right-of-way as possible. There are developments scheduled for
this area. They are definitely going to impact in a major way
especially West Street as it will eventually hook up northerly
to the I-5. Every opportunity should be taken whenever that
opportunity presents itself to acquire the additional
right-of-way speaking strictly from a traffic standpoint.
City Attorney White.
He clarified that under the current case, if the property is
condemned, the cost will be paid for by the tenant, the Patels,
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
who are proposing to build the motel. The City will not bear
the cost.
Staff then answered additional questions posed relative to what properties
have already been dedicated and the owners of the remaining properties on West
Street at the conclusion of which, the following actions were taken:
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-319)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-319 for adoption, finding and
determining the public interest and necessity for acquiring and authorizing
the condemnation of a portion of that certain parcel of real property.
(Schlund - Condemnee.)
RESOLUTION N0. 89R-319: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (SCHLUND
- CONDEMNEE)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-319 duly passed and adopted.
179• CONTINUED PUBLIC H~A1tING - RECLASSIFICATION N0. 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).
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
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
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 June 13, 1989. This matter was
continued from the meeting of July 18, 1989, to 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.
The public hearing was opened on July 18, 1989 and testimony and input
- received. The public hearing was then closed and since three votes were not
cast to approve the project as offered by Councilman Hunter (the vote was two
ayes, one no) the matter was continued to this date for full Council action.
Mayor Hunter explained why the public hearing was continued and then asked
Council Members Ehrle and Pickler if they had an opportunity to review the
application as well as the minutes of the previous meeting.
Councilman Pickler. He has read the minutes of the meeting and also viewed
the video tape of the meeting and is fully apprised of the situation. He is
in favor of the project.
Councilman Ehrle, as well, stated he has done the same and has no problem with
the proposed project.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Pickler, 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. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 89R-320 and 89R-321)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution Nos. 89R-320 and 89-321 for adoption; the
first approving Reclassification No. 88-89-56 and the second; granting
Variance No. 3947. Refer to Resolution Book..
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City Hall Anaheim California - COUNCIL MINUTES -July 25, 1989. 1:30 P.M.
RESOLUTION N0. 89R-320: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
RESOLUTION N0. 89R-321: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE N0. 3947.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 89R-320 and 89R-321 duly passed and adopted.
179• CONTINUED PUBLIC HEARING - VARIANCE N0. 3939. CATEGORICALLY EXEMPT.
CLASS 11:
APPLICANT: OWNER:
Barbara Ann Smith
6555 E. Edinboro Circle,
Anaheim, CA 92807
AGENT:
Robert E. Smith, M.D.
6555 E. Edinboro Circle,
Anaheim, CA 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 PLANNING 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.
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. This matter was
continued from the meeting of July 18, 1989, to 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.
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City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
The public hearing was opened on July 18, 1989 and testimony and input
received. The public hearing was then closed and since three votes were not
cast to approve the project as offered by Councilman Hunter (the vote was two
ayes and one no) the matter was continued to this date for full Council action.
Mayor Hunter asked Council Members Ehrle and Pickler if they also had an
opportunity to review the application and minutes in this matter.
Council Members Ehrle and Pickler both confirmed that they had reviewed the
minutes and the video tape of the proceedings and were fully apprised of the
situation. Councilman Pickler noted that Councilman Daly had requested that
additional landscaping be placed around the dish to mitigate any visual
intrusion and he (Pickler) would like to make that a part of the approval and
also that the landscape plan be approved by the Planning Department.
Gloria Schiffer, 920 Bucknell Circle, asked to speak.
Mr. Smith, the applicant, has indicated he wants to obstruct her
view with trees. She would like assurance that nothing is
planted which will endanger her view and is asking the Council's
protection.
Annika Santalahti, Zoning Administrator.
What she will do in Condition No. 2 is to add an appropriate
phrase to state that the shrubbery shall be planted around the
base of the trees to screen the dish from adjacent properties
but not of an ultimate height that would block the uphill view
of the property owner.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Gouncilman
Hunter, seconded by Councilman Pickler, 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. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-322)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-322 for adoption, granting
Variance No. 3939, including landscaping to be provided around the dish as
ultimately approved by the Planning Department. Refer to Resolution Book.
RESOLUTION N0. 89R-322: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE N0. 3939.
Roll Call Vote:
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Citv Hall. Anaheim. California - COUNCIL MINUTES -July 25. 1989. 1:30 P M
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-322 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT N0. 88-SA: In accordance with application
filed by Mobil Oil Corporation, 1255 Corporate Center Drive, Suite 201,
Monterey Park, CA 91754-7611 public hearing was held on the proposed
abandonment of an easement for public utility purposes located generally on
the south side of Lincoln Avenue approximately 80' east of Beach Boulevard,
pursuant to Resolution No. 89R-207, duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated May 22, 1989 was submitted recommending
approval of said abandonment.
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 - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council ratified the
determination of the City Engineer that the proposed activity falls within the -
definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the
requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-323)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89-323 for adoption, approving
Abandonment No. 88-8A. Refer to Resolution Book.
RESOLUTION NO. 89R-323: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PUBLIC UTILITIES EASEMENT ON THE SOUTH SIDE OF LINCOLN
AVENUE, EAST OF BEACH BOULEVARD. (ABANDONMENT N0. 88-8A)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-323 duly passed and adopted.
733
City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
179• CONTINUED REHEARING - VARIANCE N0. 3935 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Arvino Patel and Parvati Patel
425 W. Katella Avenue,
Anaheim, CA 92802
AGENT:
Dennis Bradford and Robert Waddle
301 N. W. 63rd, Suite 500,
Oklahoma City, OK, 73116
LOCATION: The property is located at 615 W. Katella Avenue.
PROJECT AS ORIGINALLY REQUESTED: To construct a 130 room hotel with two code
waivers (See below).
PROJECT AS APPROVED BY THE PLANNING COMMISSION• Variance No. 3935 was granted
(PC89-115) for a 130 room hotel with code waivers: (a) minimum landscaped
setbacks - approved; (b) minimum number of parking spaces - approved; approved
EIR Negative Declaration.
HEARING SET ON:
At public hearing was held before the City Council on June 6, 1989, Variance
No. 3935 was denied under Resolution No. 89R-223. A request for rehearing and
affidavit of merit was submitted and a rehearing granted by the Council at the
meeting of June 13, 1989, and subsequently a public hearing was scheduled on
June 27, 1989.
At the meeting of June 27, 1989 extensive discussion, testimony and input by
staff was received at the conclusion of which Council vote ended in a two-two
tie necessitating continuance of the public hearing to this date for full
Council action.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 26, 1989.
Posting of property May 26, 1989.
Mailing to property owners within 300 feet - May 24, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 24, 1989.
Councilman Pickler who was absent at that meeting stated that he had listened
to the tape of the proceedings of June 27, 1989 and had read the minutes of
that date, specifically the public hearing on Variance No. 3935 (see minutes
of June 27, 1989).
APPLICANT'S
STATEMENT: Dennis Bradford, Chairman of Coachman Inns, 6711 Avendale Drive,
Nichols Hills, Oklahoma.
He showed the rendering of the facility which he had presented
at the prior meeting and then briefed portions of his
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City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989, 1_;30. P.M.
presentation of June 27, 1989 relative to the driveway and Porte
cochere area (see minutes of June 27, 1989). He then answered
questions relative to the aesthetics of the chosen design for
the building posed by Councilman Ehrle at the conclusion of
which, Councilman Pickier asked to hear from staff once again
relative to the concerns previously expressed.
Paul Singer, Traffic Engineer.
There is great concern with the adequacy of the vehicle and tour
bus storage area in front of the Porte cochere. In the past
week, photographs have been taken of the usage of Porte cocheres
in the C-R area. (He then submitted photographs to the Council
showing examples of Porte cocheres at facilities such as the
Sheraton, Ball Road, Inn At The Park, Harbor south of Katella,
The Marriott on Convention Way, etc.) Some have adequate areas
and some do not. Those with only a 20 to 25-foot driveway are
currently loaded up with either the vans or vehicles belonging
to the facility or guests registering.. There is no way a bus
will enter that area but rather will use Katella Avenue to load
or unload passengers. For the past two years or more, the City
has been working with the industry to try to get tour buses off
the streets while serving the hotels. In this case, there is
even an additional consideration. The property adjacent to the
hotel is very small and if it should develop, has no chance
whatever to provide any tour bus loading. Not only is this
particular property a problem relative to bus loading, but the
adjacent property owner is locked into the inability to properly
serve these buses. The City will lose one lane off Katella if
it is not diligent to what is happening in this critical area.
There are some serious problems in this case and he would
strongly recommend that some other arrangement be affected so
that there would be an adequate loading area and no possibility
of blocking Katella which would then result in the blocking of
Harbor and Katella.
Dennis Bradford.
What they have provided in the brick turn around drive which
will be marked as one way and no parking is approximately 2 1/2
lanes wide. If a car is illegally parked, a tour bus could
still go through the property. It would take three cars
illegally parked to block the lane or two cars illegally parked
badly. They have made it difficult to check in if the
registrant is parking out front. It is easier to park in the
garage and enter the building in that manner. They also
discussed last time putting a door man out front to remind
people that there is no parking in that area. Twenty-five feet
is adequate. There is no problem with height because there is
no cover over the Porte cochere.
Councilman Daly.
He pointed out that although they have met the building codes,
there is a landscaping requirement and parking requirement as
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City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
well in this most sensitive part of Anaheim. They are asking
for waivers in both of those areas not to mention the unusual
design of the driveway less than 200 feet from the City's
busiest intersection.,
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
Councilwoman Kaywood.
A parking waiver of 78$ is being sought in this area to create
another parking shortage where parking is at such a premium. To
create another parking shortage is inappropriate. Going
underground to park in order to check in is something that has
not been done at other hotels in Anaheim. Keeping the 25-foot
entry driveway free of parking in order to accommodate
firefighting equipment will take more than just one doorman.
Councilman Pickler.
He has spoken with the Coachmen people and listened to all the
previous testimony. His concerns lie with the problems
expressed by the Traffic Engineer as well as with the building
itself. He expects much more for the Disneyland area. As he
stated at an earlier meeting, he still feels too much is being
proposed on too small an area. It is a very critical area and
although it has been said the proposal is better than what is
there, he feels more can be done. Efforts are being put forth
at the present time to improve the C-R area relative to signage,
undergrounding utilities, traffic and circulation which is so
critical to this most heavily congested area in the county. He
wants to be sure that the City gets the best possible project on
that property.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Hunter offered a resolution granting Variance No. 3935 which failed
to carry by the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly, Pickler and Kaywood
ABSENT: COUNCIL MEMBERS: None
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Citv Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1.30 P M
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-324)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-324 for adoption, denying
Variance No. 3935. Refer to Resolution Book.
RESOLUTION N0. 89R-324: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE N0. 89R-324.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Pickler and Kaywood
NOES: COUNCIL MEMBERS: Ehrle and Hunter
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-324 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT N0. 3157 AND NEGATIVE
DECLARATION:
APPLICANT: OWNER:
Thrifty Oil Company
10000 Lakewood Boulevard,
Downey, CA 90240
AGENT:
Tait & Associates
Attn: Steve Tarkoff
P.O. BOX 4429,
Orange CA 92623
LOCATION: The property is located at 2800 West Ball Road - southwest corner
of Ball Road and Dale Avenue.
PROJECT AS ORIGINALLY REQUESTED: To permit a convenience market with gasoline
sales. Sale of beer and wine not requested by the applicant.
PROJECT AS APPROVED BY THE PLANNING COMMISSION: Conditional Use Permit
No. 3157 was granted (PC89-148) to permit a convenience market with gasoline
sales. Applicant to close both corner driveways; approved EIR Negative
Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Daly and Councilman Hunter at the meeting of June 13, 1989, and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 13, 1989.
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City Hall Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
Posting of property July 13, 1989.
Mailing to property owners within 300 feet - July 14, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 22, 1989.
APPLICANT'S
STATEMENT: Steven Jameson, Attorney representing the applicant, Circle K.
Tait & Associates was representing the applicants previously.
They are now the Engineering firm on the project. The subject
is an application for a convenience store that is a remodel of
the existing location. He was present to answer any questions.
Councilman Daly.
He feels the project is a good design with the exception of
leaving the existing sign which is his concern.
Steven Jameson.
He referred to the rendering posted on the Chamber wall. They
believe that a monument sign being as low as what would be
required is going to cause a problem with traffic being able to
see when coming around the corner. Given the location of the
gas pump islands and canopy itself in that 25 feet was dedicated
to the City, along with the planter presently existing, this is
going to cause the monument sign to extend out into the
circulation pattern of the property. Those are their concerns
otherwise they are willing to accede to the Council's wishes.
They would like to keep the pole sign if possible.
Paul Singer, Traffic Engineer.
The problem is self-generating. This particular service station
came up several times before and at that point staff recommended
that the entire station be reoriented 45 degrees to the corner
thereby facilitating better pump locations, better orientation
of the entire site and better parking. The applicant chose not
to follow that particular orientation but to put the pumps
parallel to Ball Road. They now have a problem of getting a
sign on the site. He believes if the signs are oriented at 45
degrees or 90 degrees a sign could be accommodated very easily
within the planter area.
Steven Jameson.
He did not agree that the problem was self-generating since
initially a great deal of time was spent between Tait &
Associates and the City to address all concerns which they met
originally. They would like to comply with Council. If they
can place a monument sign and get it to face both Ball Road and
Dale, they will be satisfied. If pointing "catty corner" that
will be a problem.
738
City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
Paul Singer.
He will be happy to work with the applicant and reorient the
sign or even change it. It could even be placed in a "V" shape
so it could serve all directions. It would still be the same
two-way sign but slightly separate. He believes he can work
with the applicant to satisfactorily solve the issue.
Councilman Daly.
He wants to be sure it is as attractive as possible.
Paul Singer.
He will see to it and possibly increase the landscaping in the
process.
Mr. Jameson stated that will be satisfactory.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-325)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-325 for adoption, granting
Conditional Use Permit No. 3157, and that the monument sign is to be placed
appropriately and the applicant is to work with staff. Refer to Resolution
Book.
RESOLUTION N0. 89R-325: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 3157.
Roll Call Vote:
739
City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-325 duly passed and adopted.
179• PUBLIC HEARING - WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT
NO 3159 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Republic Federal Savings & Loan Association, a Corporation
P.0. Box 54089,
Los Angeles, CA 90054-0089
AGENT:
Dr. George W. Taus, M.D.
29000 S. Western Avenue, Suite 305,
Rancho Palos Verdes, CA 90732
LOCATION: The property is located at 710-718 South Brookhurst Street
(Sherwood Medical Center) southeast corner of Niobe Street and Brookhurst
Avenue.
PROJECT AS ORIGINALLY PROPOSED: To permit a temporary medical office trailer
at an existing medical complex with waiver of minimum number of parking spaces.
PROJECT AS APPROVED BY THE PLANNING COMMISSION: Conditional Use Permit
No. 3159 was granted for a period of three months only, (PC89-145) with hours
of operation restricted to 7:00 a.m. to 9:30 p.m. - Saturdays; 7:00 p.m. to
9:00 p.m. - 3 nights a week. Also permitted only one trailer in inner
courtyard, no generators with code waiver: (a) minimum number of parking
spaces - approved; approved EIR Negative Declaration.
HEARING SET ON:
A letter of appeal was submitted by Christopher K. Courtney, on behalf of the
agent, George W. Taus, M.D., and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 13, 1989.
Posting of property July 13, 1989.
Mailing to property owners within 300 feet - July 14, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 22, 1989.
APPLICANT'S
STATEMENT: Chris Courtney, representing Dr. Taus.
The conditional use permit application was for Mobil Imaging
Equipment at Sherwood Medical Center. The original application
was approved on May 22, 1989 subject to certain restrictions.
740
City Hall. Anaheim. California - COUNCIL MINUTES - Jul~r 25. 1989. 1:30 P.M.
The parking area to be used by this magnetic imaging equipment
would consist of a truck and trailer. It will only be in the
interior parking lot which is buffered by the medical center
from the surrounding residential area. They also restricted the
number of hours and days that Dr. Taus could operate. Finally,
the CUP was granted for a period of only three months. A number
of other City requirements were also imposed on the CUP.
Dr. Taus has been more than glad to comply with all requirements
but would like the Council to consider three modifications.
(1) With the understanding that his CUP can be revoked at any
time if he violates any of the conditions, he would like it made
permanent rather than have to commence almost immediately the
entire CUP process again. (2) He would like to have added to
the hours of operation Sundays and one additional week night
which would make it four week nights and Saturday and Sunday
during the same hours of operation granted by the Planning
Commission. (3) Dr. Taus is asking for consideration on the
10-foot radius curbs. He is already spending close to $15,000
on other fees necessary to comply. He has been utilizing the
property for several years with sloped curbs. Another $3,000 to
$4,000 to make radius curbs instead of sloped curbs is an
additional expense Dr. Taus would like to avoid if possible. He
also clarified for Councilwoman Kaywood that relative to the
trailer, they have eliminated the use of the small parking lot
completely. They have brought the electrical power unit back to
the other side of the building and the equipment is only parked
in the interior court of the building which buffers the
residential zone. It is the large parking lot.
Mayor Hunter asked to hear from anyone who wished to speak.
Debbie Moore, 2173 Niobe.
She wants to be assured that the CUP as approved by the Planning
Commission is upheld i.e., that only one trailer will be in the
inner courtyard and operated only on the electrical supply. She
has no problem with anything else. Previously two and sometimes
three trailers were operating which meant two were operated off
generators. She wants to be assured that there are none in the
north parking lot and that none are operating on generators.
Since the last hearing, the applicant has complied and
everything is satisfactory. As long as they continue to comply,
she has no problems.
Annika Santalahti, Zoning Administrator.
Relative to the three month time limitation, the Planning
Commission wanted to see how the use was operating. They would
then have to come back and resubmit an application with a new --
public hearing to verify that it had not been troublesome to the
surrounding neighbors.
741
City Hall Anaheim California - COUNCIL MINUTES - Julv 25, 1989, 1:30 P.M.
Mr. Courtney then explained why the equipment was not housed in
a building and also gave insight to the technology itself and
the associated patient cost (also see his letter dated May 30,
1989 which contained detailed information).
Councilwoman Kaywood asked Mrs. Moore if she was representing
herself or the neighbors; Mrs. Moore answered that she was
speaking for the two homes just east of the parking structure
and herself. They are the ones who have experienced the
problems with the generators and bringing trucks in at 1 and
2 a.m., washing the trucks at 1 and 2 a.m., lights shining in
the bedroom windows, doing repair work, etc. That is no longer
happening. She does not know about the residents to the
southeast who are probably not as impacted because they have the
buffer of the medical building. She clarified that she would
have no problem in extending the CUP to six months"under the
present conditions.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilwoman Kaywood.
Inasmuch as they have complied with everything the Planning
Commission asked for, the neighbors do not seem to be too
concerned and the most heavily impacted neighbors are not having
a problem at this time. She would have no problem in granting
the permit for six months. In any case, it is a CUP and it can
be revoked at anytime.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-326)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-326 for adoption, granting
Conditional Use Permit No. 3159, subject to City Planning Commission
conditions with modifications adding Sundays to hours of operation adding one
more week night to hours of operation and that the CUP be granted for a period
of six months. Refer to Resolution Book.
RESOLUTION N0. 89R-326: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 3159.
742
City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M.
Before a vote was taken, Mr. Courtney asked if the approval was going to
include elimination of the requirement to provide radius curbs.
Mayor Hunter clarified that the requirement for radius curbs was not being
eliminated and would have to be provided as a condition of approval.
A vote was then taken on the foregoing resolution with the added stipulations
and the assurance that there would be only one trailer and no generators.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-326 duly passed and adopted.
179• PUBLIC HEARING - WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT
N0. 3160 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Harinder Grewal
6891 Avenida De Santiago,
Anaheim, CA 92807
AGENT:
J. P. Hunter
6891 Avenida De Santiago,
Anaheim, CA 92807
LOCATION: The property is located at 4527 East La Palma Avenue - La Palma
Avenue and Lakeview Avenue.
PROJECT AS ORIGINALLY PROPOSED: To permit an auto repair facility with waiver
of minimum number of parking spaces.
PROJECT AS APPROVED BY THE PLANNING COMMISSION: Conditional Use Permit
No. 3160 was granted (PC89-147) to permit the auto repair facility with no
display of vehicles for sale, with waiver: (a) minimum number of parking
spaces - approved; approved EIR Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Ehrle 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 13, 1989.
Posting of property July 13, 1989.
Mailing to property owners within 300 feet - July 14, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 22, 1989.
743
City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1.30 P M
APPLICANT'S
STATEMENT: J. P. Hunter, 6891 Avenida De Santiago, Anaheim, Ca 92807.
He is seeking approval of the requested CUP for his small repair
facility consisting of 600 square feet and is present to answer
questions.
Councilman Ehrle.
He has no problems with the requested CUP at this time. He
drove by the property and feels that the site is adequate.
Councilman Daly.
He concurs. He also drove by the site and did more research.
He has no problem with it.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilman Pickier.
He asked staff if there was any problem with the parking going
from 44 spaces to 12.
Paul Singer, Traffic Engineer.
He has had extensive meetings with the applicant and the type of
operation he is proposing does not appear to be any problem.
Most of the facility is going to be occupied for their own
vehicles and only occasionally would he make any repairs. They
have only three employees and could not process many vehicles to
begin with.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-327)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-327 for adoption. Refer to
Resolution Book.
744
Cites Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
RESOLUTION N0. 89R-327: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 3160.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-327 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE N0. 3960 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Whirlpool Corporation
2000 M-63 North,
Benton Harbor, MI, 49022
AGENT:
Greer and Company
2323 W. Lincoln Avenue, Suite 207,
Anaheim, CA 92801
LOCATION/REQUEST: The property is located at 917 E. Katella Avenue. Waiver
of minimum number of parking spaces to expand the office area of an existing
industrial building.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR: Variance No. 3960 was
approved by the Zoning Administrator (ZA89-39) to permit the use with 249
parking spaces and subject to modified conditions; approved EIR Negative
Declaration.
HEARING SET ON:
A letter appealing the Zoning Administrator's decision submitted by John C.
Gamble, Attorney for the owner, Whirlpool Corporation, and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 13, 1989.
Posting of property July 13, 1989.
Mailing to property owners within 300 feet - July 14, 1989.
STAFF INPUT:
See Staff Report to the Zoning Administrator dated June 1, 1989.
City Clerk Sohl announced that correspondence had been received from John C.
Gamble on behalf of the appellant indicating that they wish to formally
withdraw the appeal.
City Attorney White. It will be necessary to call upon the public to see if
anyone wishes to speak after which a determination can be made that the
variance is no longer necessary and adopt a resolution terminating all
proceedings in conjunction with Variance No. 3960.
745
City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
Mayor Hunter asked if anyone wished to speak to Variance No. 3960; there being
no response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-328)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-328 for adoption, terminating
all proceedings in conjunction with Variance No. 3960. Refer to Resolution
Book.
RESOLUTION N0. 89R 328: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE N0. 3960.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 89R-328 duly passed and adopted.
RECESS - CLOSED SESSION: - To consult with the City's attorney regarding
potential litigation, pursuant to Government Code Section 54956.9(b)(1). By
general consent the Council recessed to Closed Session. (4:58 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:30 p.m.)
130155: REHEARING - EMPIRE CABLE TELEVISION. INC.. AND NEGATIVE DECLARATION
(EMPIRE INITIATED ORDINANCE): To consider granting a non-exclusive cable
television franchise and installation of an underground television system with
microwave antenna to Empire Cable Television, to be located in the East
Anaheim Hills area, namely The Summit, The Highlands and Sycamore Canyon
developments.
At the meeting of April 11, 1989, the City Council adopted Resolution
--- No. 89R-115 declaring its intention to grant a non-exclusive franchise for
cable television to Empire Cable Television, to be located generally in the
area of Weir Canyon Road in the Santa Ana Canyon, south of the Riverside
Freeway, and setting the date and time for a public hearing as May 9, 1989.
746
sty Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M.
At the meeting of May 9, 1989, where extensive discussion, input and testimony
was received, the City Council denied, without prejudice, the franchise
application from Empire Cable Television, Inc.
At the meeting of May 16, 1989, City Council approved the request by Farano &
Kieviet, attorneys for Empire Cable TV, for rehearing, setting the date and
time for the public hearing at June 13, 1989.
At the meeting of June 13, 1989, City Council continued the rehearing to
July 25, 1989, so that a revised franchise ordinance could be submitted by
staff. The public hearing portion was closed and a decision by Council is to
be made this date.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilman Hunter moved that the proposed Negative Declaration and the
application of Empire Cable Television Inc. for a nonexclusive cable
television franchise for a certain area of the City of Anaheim be denied for
the reasons set forth in the City staff report dated May 1, 1989 and that the
City Attorney be directed to prepare written findings of fact conforming with
this decision and submit such findings of fact to the City Council for
approval. Councilman Pickler seconded the motion. MOTION CARRIED.
155/130: PUBLIC HEARING - EMPIRE CABLE TELEVISION. INC.. AND NEGATIVE
DECLARATION (CITY INITIATED ORDINANCE): To consider granting a non-exclusive
cable television franchise and installation of an underground television
system with microwave antenna to Empire Cable Television, to be located in the
East Anaheim Hills area, namely The Summit, The Highlands and Sycamore Canyon
developments.
At the meeting of June 20, 1989, the City Council adopted Resolution
No. 89R-242 declaring its intention to grant a non-exclusive franchise for
cable television to Empire Cable Television, to be located generally in the
area of Weir Canyon Road in the Santa Ana Canyon, south of the Riverside
Freeway, and setting the date and time for a public hearing to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 29, 1989.
STAFF INPUT:
See Staff Report dated July 18, 1989, from Kristine Thalman, Intergovernmental
Relations Officer, attached to which was a proposed ordinance.
747
City Hall. Anaheim. California - COUNCIL MINUTES - Julv 25, 1989, 1:30 P M
Jack White, City Attorney. Prior to opening the public hearing, he announced
that evidence and testimony that has been received by the Council previously
in connection with this item including the original hearings and rehearing
will be deemed evidence in this proceeding and need not be reiterated by the
public. All of those items will be incorporated into this hearing and only
new evidence given at this time. In addition to the exhibits that have been
introduced, three additional items will be introduced as evidence in this
hearing. Exhibit 15 will be a Mitigation Agreement approved by the City of
Anaheim on July 25, 1989 and executed by ML Media. Exhibit 16 will be a
proposed Mitigation Agreement approved by the City of Anaheim on June 13, 1989
which has not as yet been executed by Empire Cable TV. Exhibit 17 will be a
letter dated July 24, 1989 to the Council from Walter W. Hansel of Cooper
White and Cooper, Re: ML Media Partners L.P. He then recommended that the
Council hear first from persons in favor and then those opposed. Since this
is City initiated, there is no need for an opportunity for rebuttal. The
hearing will then be closed and a decision made.
Mayor Hunter asked to hear from those in favor.
Floyd Farano, Farano & Kieviet, 100 So. Anaheim Boulevard.
They have not seen the letter of July 24, 1989, Exhibit 17. He
would like to have the opportunity to see that letter. Their
client, Empire Cable, is willing to accept, will support and is
in agreement with the staff prepared franchise agreement. They
are willing to execute it as it has been prepared. Relative to
the Mitigation Agreement, they do not have any strong feeling
about that. The proposed franchise agreement, as prepared by
staff, contains all of the material that is being proposed in
the Mitigation Agreement. They are glad that ML has executed
the agreement since it keeps things on an even level.
City Attorney White clarified for the Mayor that the Mitigation
Agreement and City initiated ordinance are separate documents.
The main purpose was to allow the opportunity for Empire to have
access to the so called trench areas if they wish to install
conduit prior to the approval of any franchise. They would be
doing it at their own risk and own cost to allow that cable to
be installed prior to the time the trenches would be closed and
potentially the streets paved. Even if a franchise were
approved by the Council, it would be 37 days at the earliest
before the franchise took effect. The reason for offering a
separate document as a Mitigation Agreement was to allow early
access since that seemed to be a concern not only to Empire, but
also the City to make sure there was not a need in the future to
cut up freshly paved streets to allow installation of additional
cable at great cost to the franchisee and to the detriment of
the people on the street faced with a patch job. All of the
"level playing field" requirements are incorporated into the
ordinance. The ML agreement is contingent upon the acceptance
of the same terms by Empire so that one does not go without the
other. If Empire determines they do not wish to have access to
748
City Hall. Anaheim. California - COUNCIL MINUTES - July 25 1989 1.30 P M
the trenches to start laying cable until after the ordinance
would take affect if approved, that would be their decision.
Floyd Farano.
Empire is willing to accept a separate Mitigation Agreement
provided the franchise agreement is approved. If not, Empire
would not execute it. Empire is in agreement with the franchise
agreement proposed by staff and will execute the Mitigation
Agreement as set forth in Exhibit 16 in the event the proposed
Franchise Ordinance is adopted by the City.
John Merritt, ML Media.
The issue tonight is whether there will be three votes on the
Council to improve or to let deteriorate the quality of cable
service in the City. He questioned if the City will best be
served by allowing part of a second cable system to be built in
Anaheim Hills. ML believes the answer is a resounding no. Part
of a cable system in part of a city will not serve the public
policy in the City. Mr. Merritt then briefed the Council on
what he predicts will happen if a second cable franchise is
approved to operate in the City such as a twice as many
complaints regarding construction, service will not improve
because revenue losses sustained by ML Media as a result of
another franchise will likely impair their ability to continue
their response rate and will erase the substantial progress that
has been made since their company bought the cable property in
the City. There will likely be a rate war. ML would initially
probably reduce its rates to meet competition in the area
followed by a scenario where they would be forced to charge
higher rates in the rest of the City. Discriminatory rates will
negate any perceived benefit of a second cable system and
clearly be contrary to sound public policy including the intent
of the Federal Cable Act. People on the west side of the City
will be paying higher rates because they do not live in Anaheim
Hills and Anaheim Hills will pay lower rates because of what
happens tonight. Programming will likely not improve and shows
in process or in planning could be seriously impacted or
eliminated.
Mr. Merritt then sited many of the positive things that were
reported in the HRI (Harbricht Researh, Inc.) Cable TV
Subscriber Survey relative to the present service provided by
Multivision Cable TV. Mr. Merritt's closing remarks reiterated
some of the testimony previously given wherein he quoted not
only from the April 20, 1989 staff report but also from a rendr~
from a professional outside consultant, "economic competitiox~:,_ra
a complete or overbuild basis is not sustainable and will -.~t
produce adverse societal costs." He could not agree more ~~~~
strongly. He asked the Council to allow ML to continue the ;~~~;~
quality of service that all residents deserve in all of the ^i.
:t~0
749
City Hall. Anaheim. California - COUNCIL MINUTES _- July 25. 1989, 1:30 P.M.
COUNCIL ACTION:
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
Councilman Pickler.
He acknowledged that the results of the survey relative to ML
were positive. He is concerned that Mr. Merritt inferred that
the fine service being provided will deteriorate in several
areas dependent upon Council's actions tonight. He sees no
reason why service and programming should deteriorate and hopes
that the quality of service is maintained. Having two
franchises will create some competition. He was mostly
concerned that access be available to both companies and that
there is an even playing field.
Mayor Hunter.
He gave an analogy to the situation with that of Anaheim
Disposal. They do not have competition and if someone wanted to
provide the same service, no one would say that Anaheim Disposal
was not doing a good job as well as being community minded. He
sincerely believes that the Council should deny Empire going
into the Hills area for the reasons stated. They will charge
lower rates and customers on the west end of the City are going
to have to pick up for those on the far east end which should be
.sr just the opposite. Multivision is involved in the community and
r: they provide a good product and good service and they do provide
~! access. Those are things he has not heard from Empire. The
Mitigation Agreement should have been signed by them before
coming in and it has not been signed as yet. They are saying
that the ordinance should be signed first. If they are acting
in good faith, Empire should have signed the Mitigation
Agreement long ago and they could be laying cable.
Councilman Ehrle.
He disagreed with the Mayor's analysis. He believes in the free
enterprise system and feels this is the issue. He has high
regard for ML and what they do in the City. He feels just the
opposite of what Mr. Merritt indicated. Empire is going to have
a difficult act to follow. He feels that this will not only
help ML but it is going to cause Empire to work very hard.
Under the concept of the free enterprise system, he feels they
should move ahead with the second franchise.
Before further action was taken, Councilwoman Kaywood stated she is very
~®ncerned this will open a pandora's box. If Empire wanted to go Citywide and
compete on a level playing field, she would have no problem with that except
far tearing up the streets a second time. To pick out one area and announce
~tlead of time that rates will be lower is starting a price war. She is
~dhcerned that the rest of the City is going to feel the Council let them down
,~~~anitting a second service for less money to go out in that area and that the
Council is not looking out for the whole City. She referred to the favorable
750
Citv Hall._Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M.
report received today on ML service which was as a result of Mr. Merritt ars:c~
ML coming into the City and delivering their promises of better service.
There is no way she can approve a second franchise. She believes it is unfair..
MOTION: Councilman Pickler moved that the Negative Declaration and the
City-initiated application granting to Empire Cable Television, Inc. a
non-exclusive cable television franchise for that certain area of the City of
Anaheim described in the franchise ordinance, be approved and that the Cit1~
Attorney be directed to prepare written findings of fact conforming with tY;is
decision and submit such findings of fact to the City Council for approval.
Councilman Ehrle seconded the motion. Council Members Kaywood and Hunter
voted no. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5057 for first reading.
ORDINANCE N0. 5057: AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING TO EMPIR~a
CABLE TELEVISION, INC. THE NONEXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO L~~.
AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING,
RECEIVING DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND OTHER CABLE
COMMUNICATION SERVICES ALONG, ACROSS AND UPON CERTAIN PORTIONS OF THE PUBL~~
STREETS, WAYS, ALLEYS, AND PLACES WITHIN PORTIONS OF THE CITY OF ANAHEIM.
ADJOURNMENT: Councilman Hunter moved to adjourn. Councilman Ehrle seconded
the motion. MOTION CARRIED. (6:05 p.m.)
LEONORA N. SOHL, CITY CLERK
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