1988/02/23City H~11, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
DEPUTY CITY ENGINEER: Art Daw
HOUSING OPERATIONS COORDINATOR: Debbie Vagts
ZONING ADMINISTRATOR: Annika Santalahti
CHIEF BUILDING INSPECTOR: Wayne West
ASSOCIATE PLANNER: Leonard McGhee
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:00 p.m. on February 19, 1988 at the Civic Center kiosk, containing
all items as shown herein.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. 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; City of Anaheim vs.
County of Orange, et al., O.C.S.C.C. No. 50-96-78; City of Anaheim
vs. Anaheim Hotel Partnership 0.C.S.C.C. No. 46-96-59.
b. Labor relations matters - Government Code Section 54957.6.
c. Personnel matters - Government Code Section 54957.
d. Potential litigation pursuant to Government Code Section
54956.9(b)(1).
Councilman Bay moved to recess into Closed Session. Councilman Ehrle seconded
the motion. MOTION CAR1LIED. (12:00 noon)
AFTER ILECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:47 p.m.)
INVOCATION: Reverend Don Dexter, 1st Presbyterian Church, gave the Invocation.
FLAG SALUTE: Mayor Pro Tem Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Bay and
authorized by the city Council:
Arbor Day In Anaheim March 2, 1988.
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City ~11, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
i19: DECLARATION: A Declaration was unanimously adopted by the City Council
congratulating Anaheim Memorial Hospital on their 30th anniversary in the City
of Anaheim, representing 30 years of service to the Anaheim community.
119: PRESENTATION - EMPLOYEE CERTIFICATES OF ACHIEVEMENT: The following
employees were presented with Certificates of Achievement issued by the
Employee Involvement Program Board of Directors along with monetary awards
ranging from $30.00 to $195.00: Louis Vecchione, Sharon McCamon, Dick Mayer,
Russell Beitler ($195.00), Stephen Tokai, Jon Fazzio, Richard Stoffel, and
Karen Burke.
The submitted suggestions would save City costs, improve service to the public
or prevent possible hazards.
Mayor Bay and Council Members congratulated each employee for their
contributions.
119: INTRODUCTION: Mayor Bay introduced and welcomed members of the Hepatha
Lutheran School Third Grade, in attendance at today's meeting.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held February 2, 1988. Councilman Hunter seconded the motion. MOTION
CARRIED o
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,083,930.98, in
accordance with the 1987-8S Budget, were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following
resolutions and ordinance on the Consent Calendar were read by the City
Manager. (Resolution Nos. 88R-81 through 88R-91, both inclusive with the
exception of Resolution No. 88R-84)
Councilman Pickler moved to waive the reading in full of the resolutions.
Counctlwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 88R-81 through 88R-91, both inclusive with the
exception of Resolution No. 88R-84, for adoption. Refer to Resolution Book.
Councilwoman Kaywood offered Ordinance No. 4906 for first reading.
1. 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 Davista Corporation for property damage
sustained purportedly due to actions of the City on or about November 16, 1987.
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City Hall, AnAheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
b. Claim submitted by William R. Tempel for property damage
sustained purportedly due to actions of the City on or about November 28, 1987.
c. Claim submitted by Isabelle Jane Callies for bodily injury
sustained purportedly due to actions of the City on or about October 29, 1987.
d. Claim submitted by Anna Garica et al. for property damage
sustained purportedly due to actions of the City on or about July 9, 1987.
2. Receiving and filing the following correspondence: (on file)
a. 105: Minutes of the Community Redevelopment Commission Meeting
held January 27, 1988.
b. 105: Minutes of the Special Joint Meeting, Senior Citizens
Commission and the Community Services Board, held January 28, 1988.
c. 175: Southern California Edison Company application before the
Public Utilities Commission for authority to change rate levels for
services rendered on and after 6-01-88 pursuant to Energy Cost
Adjustment Clause for recovery of fuel and purchased power expenses.
3. 160: Accepting the low bid of Mills ~ord in the amount of $19,203.40 for
one two-yard dump truck and body with hoist installed, in accordance with Bid
#A-4550.
4. 160: Accepting the bid of Custom Floors, Inc. in the amount of $25,995
for carpet at the Euclid Library, in accordance with Bid #4558.
5. 153: RESOLUTION NO. 88R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 87R-82 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. (Amending
Resolution No. 87R-82 which established rates of compensation for
unrepresented part-time job classifications to create the part-time
classification of Video Display Operator at salary schedule of A 1250,
effective February 23, 1988)
6. lJ3; RESOLUTION NO. 88R-83: A KESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 87R-82 WHICH ESTABLISHED RATES OF
COMP~SATION FOR UNREPKESENTED PART-TIME JOB CLASSIFICATIONS. (Amending
Resolution No. 87R-82 which established rates of compensation for
unrepresented part-time job classifications to include Section 6A and 6B,
effective February 13, 1987 to reinstate certain benefits which were intended
to be retained when certain classifications were removed from the bargaining
unit and placed in the unrepresented part-time unit)
7. 123: Approving the First Amendment to the Anaheim-Garden Grove- Orange
Fire Training Facility Authority Agreement of October 5, 1976 which
establishes a mechanism by which the Authority can pass on its self-insured
liability exposure to the member cities, and by which each member city will
pay their appropriate share of any self-insured liability losses.
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City Hall, A~aheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
8. 123: Approving the first amendment to the agreement with Hughes, Heiss
and Associates to conduct a management study of the Police Department
9. 175.123: Authorizing the first amendment to the agreement with Earl W.
Gust to perform technical and training services in connection with Public
Utilities Department operating procedures, for not to exceed $50,000 over the
contract term, March 1, 1988 through June 30, 1989.
10. 175: Approving the Southern California Edison Company 1988-1992 Total
Nuclear Capital Budget/Forecast for SONGS and authorizing the Assistant
General Manager-Power Resources (or his Alternate) to approve said
budget/forecast.
11. 169: RESOLUTION NO. 88R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Kraemer Boulevard
Street Improvement, west side, 658 feet north of Coronado Street to Coronado
Street - bids to be opened March 24, 1988, 2:00 p.m.)
12. 175: RESOLUTION NO. 88R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (ACCOUNT
NO. 52-60~-6329-08457) (Construction of Three Valve Service Vault
Modifications, City-Wide - bids to be opened March 17, 1988, 2:00 p.m.)
13. 167: P~ESOLUTION NO. 88R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Traffic Signal
Installation, Broadway and Clementine and the Fire Station - bids to be opened
March 17, 1988, 2:00 p.m.)
14. 169: RESOLUTION NO. 88R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINALLY ACCEPTING TH~ COMPLETION OF A CERTAIN PUBLIC WORK. (HARBOR
BOULEVARD MEDIAN IMPROV~IENTS ACCOUNT NO. 01-799-6325-E9020) (Harbor
Boulevard Median Improvements and ordering the Notice of Completion to be
filed - Griffith Company, Contractor)
15. 158: RESOLUTION NO. 88R-89: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN
REA~ PROPERTIES OR INTERESTS THEREIN.
16. 179: RESOLUTION NO. 88R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AN&HEIMAMENDING RESOLUTION NO. 87R-443, NUNC PRO TUNC. (Amending
Resolution No. 87R-443, nunc pro tunc, to correct legal description in
connection with Reclassification No. 87-88-14)
17. 179: RESOLUTION NO. 88R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 87R-444, NUNC PRO TUNC. (Amending
Resolution NO. 87R-444, nunc pro tunc, to correct legal description in
connection with Conditional Use Permit No. 2946.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988~ 1:30 P.M.
18. 124: Authorizing the following in connection with the CCA Betterment III
Financing Project:
ORDINANCE NO. 4906: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE
ISSUANCE OF COMMUNITY CENTER AUTHORITY REVENUE BONDS, SERIES E, FOR THE
PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF
ADDITIONS TO THE ANAHEIM CONVENTION CENTER AND DESIGNATING THE ANTICIPATED
SOURCES OF REVENUE THAT WILL BE PLEDGED TO SECURE SAID REVENUE BONDS.
(Authorizing the issuance and sale of lease revenue bonds by the Community
Center Authority in the amount not to exceed $65,000,000 for the purpose of
providing funds for acquisition, construction and financing of additions to
the Anaheim Convention Center, including a parking structure and renovation of
convention center space at Anaheim Stadium)
RESOLUTION NO. 88R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE FORM AND AUTHORIZING EXECUTION OF CERTAIN DOCUMENTS IN
CONNECTION WITH THE ISSUANCE BY THE COMMUNITY CENTER AUTHORITY OF ITS REVENUE
BONDS, SERIES E, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT
THERETO. (Authorizing the Mayor, City Manager and Finance Director to execute
documents as follows in support of this financing project: (a) Sublease
between City and Authority for expanded exhibition space; (b) Fifth amendment
to the Community Center Facility Lease)
Rol~. Call Vote on Resolution Nos. 88R-81 through 88R-91, both inclusive with
th~ ,xception of Resolution No. 88R-84:
AY£~
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 88R-81 through 88R-91, both inclusive with
the exception of Resolution No. 88R-84, duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
167: PUBLIC WORKS PROJECT - STREET LIGHTING SYSTEMS: Construction of street
lighting systems (SLAD 1984-1) in the vicinity of Citron and Water Streets.
Submitted was report dated February 15, 1988 from the City Engineer
recommending approval of the subject Public Works Project §LAD, 1984-1.
Mr. Austin Mojay, 509 S. Citron St., spoke in support of the street lighting
district and expressed concern that the project be expedited, citing vandalism
of his automobile which had occurred in front of his dwelling on three
separate occasions.
Deputy City Engineer, Art Daw explained that the action today would allow
preparation of plans for the lighting project by the City Electrical
Engineering Division. Construction was expected to commence approximately
June 1, 1988.
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City H~ll, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the Assistant City Clerk. (Resolution No. 88R-84)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-84 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 88R-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (STREET LIGHT ASSESSMENT
DISTRICT 84-1).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Ehrle,
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Hunter, Kaywood,
Pickler and Bay
The Mayor declared Resolution No. 88R-84 duly passed and adopted.
179: REPORT - BILLBOARDS: Councilman Bay moved to adopt the report and
recommendation by the City Attorney dated February 17, 1988, outlining
measures taken to alleviate the condition which led to the adoption of
Ordinance No. 4897 as an interim measure prohibiting billboards. Councilman
Pickler seconded the motion. MOTION CARRIED.
105: UNSCHEDULED VACANCY - COMMUNITY REDEVELOPMENT COMMISSION: Councilwoman
Kaywood moved that the unscheduled vacancy on the Community Redevelopment
Commission for the term of Dan Martinez, expiring June 30, 1991 be declared
vacant and the vacancy posted.
Councilwoman Kaywood requested that a letter of appreciation be sent to Mr.
Martinez for his service on the Commission. Councilman Bay seconded the
motion. MOTION CARRIED.
175: KEVISION OF RULES 15-C - WATER~ RATES, KULES AND REGULATIONS:
Councilwoman Kaywood offered Resolution No. 88R-92 for adoption, approving
revision of Rule 13-C.lc and 13-C.ld relating to definition of terms "Primary
Distribution Main" and "Transmission Facility" respectively, as recommended in
memorandum dated February 16, 1988 from the Public Utilities Board. Refer to
Resolution Book.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the Assistant City Clerk. (Resolution No. 88R-92)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No.
Resolution Book.
227
88R-92 for adoption.
Refer to
105
City ~11, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
RESOLUTION NO. 88R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING, RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION
OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS.
73R-255, 73R-387, 73R-532, 74R-433, 75R-315, 75R-469, 75R-479, 76R-378,
78R-418, 78R-419, 78R-459, 79R-643, 80R-304, 81R-124, 81R-402, 82R-355,
83R-331, 84R-246, 86R-350, 87R-188 AND 87R-324.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-92 duly passed and adopted.
148/175/139: ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES -
RESOLUTION: Resolution proposed for action by the Orange County Division,
League of California Cities, at the March 10, 1988 meeting, was submitted;
said resolution would endorse and support legislation, as necessary, and a
revision of the new source review/emission reduction credit regulations of the
South Coast Air Quality Management District (SCAQMD) for publicly owned
wastewater treatment facilities. This matter was continued from the meeting
of February 10, 1988, to this date.
On mction by Councilman Bay, seconded by Councilwoman Kaywood, the City
Council moved to support the adoption of the subject resolution by the Orange
County League of Cities, as proposed. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held February 1, 1988, pertaining to the
following applications were submitted for City Council information.
VARIANCE NO. 3748 AND NEGATIVE DECLARATION:
OWNERS: BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 16811 Hale
Avenue, Irvine, CA 92714
AGENTS: DIANA HOARD, THE BALDWIN COMPANY, 16811 Hale Avenue, Irvine,
CA 92714
LOCATION: East of The Highlands at Anaheim Hills and to the south of
Sycamore Canyon (proposed Tentative Tract No. 13267)
Waivers of (a) minimum building site width, (b) minimum building site
width for cul-de-sac and knuckle lots, and (c) permitted orientation
of structures to establish a 156-1ot, RS-5000(SC), single-family
residential subdivision.
GRANTED by the City Planning Commission, PC88-37.
Negative Declaration approved.
2. CONDITIONAL USE PERMIT NO. 2982, WAIVER OF CODE REQUIREMENT AND NEGATIVE
DECLARATION:
OWNER:
92807
HEPHATHA LUTHERAN CHURCH, 5900 E. Canyon Road, Anaheim, CA
228
City Hmll, Anmheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
AGENT: HEPHATHA LUTHERAN CHURCH, 5900 E. Canyon Road, Anaheim, CA
92807
LOCATION: 5900 East Santa Ana Canyon Road (Hephatha Lutheran Church)
To permit a temporary modular structure for elementary age day care
facility in conjunction with an existing church, school and day care
facility with waiver of minimum number of parking spaces.
GRANTED by the City Planning Commission, PC88-38.
Negative Declaration approved.
3. CONDITIONAL USE PERMIT NO. 1517, EXTENSION OF TIME:
CEQA: Negative Declaration previously approved.
OWNERS: ROBERT HOSTETTER, 2129 W. Victoria, Anaheim, CA 92804
LOCATION: 703 North Lemon Street
Request for a 2-year (retroactive to May 28, 1987) extension of time
or deletion of Condition No. 5 of Resolution No. PC75-109 to retain a
board and care facility for the treatment of alcoholics.
GRANTED 2 year extension of time to expire May 28, 1989, PC88-42.
e
VARIANCE NO. 3747 AND NEGATIVE DECLARATION:
OWNERS: PERALTA LTD., 3150 E. Birch, Brea, CA 92621
ATTN: VIC P~LOQUIN
LOCATION: Tract No. 12576
Waiver of maximum structural height to construct up to 38
single-family residences at a height not to exceed 35 feet.
DENIED by the City Planning Commission, PC88-36.
Negative Declaration approved.
The Planning Commission's decision was appealed by the applicant and
therefore, a public hearing will be scheduled at a later date.
5. GENERAL PLAN AMENDMENT NO. 238, RECLASSIFICATION NO. 87-88-35, VARIANCE
NO. 3742 AND NEGATIVE DECLARATION:
OWNERS: EDWARD & MARGARET M. SAUBAN, 106 N. Teri Circle, Anaheim, CA
92804; WALTER J. & DARLENE F. PETERS, 107 N. Teri Circle, Anaheim,
CA 92804; RALPH L. & KATHRYN L. BP, ADEN, 110 N. Teri Circle, Anaheim,
CA 92804; HOMER D. & PATRICIA GRIFFIS, 111 N. Teri Circle, Anaheim,
CA 92804; JOHN & GEORGENE HARDAWAY,F 112 N. Teri Circle, Anaheim, CA
92804; JIM & VIRGINIA LEE SAUB, 113 N. Teri Circle, Anaheim, CA 92804
AGENT: MAGDY HANNA, 4000 MacArthur Blvd., #680, Newport Beach, 92660
LOCATION: 105, 107, 110, 111, 112, 113 N. Teri Circle
To consider an amendment to the Land Use Element of the General Plan
to change the existing land use from Low-Medium Density Residential
to Medium Density Residential.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
To change the zone from RS-A-7200 to RM-1200 or a less intense zone.
Waivers of (a) min. building site area per dwelling unit, (b) maximum
structural height, (c) maximum site coverage, and (d) structural
setbacks to construct a 2 to 4-story, 75-unit "affordable" apartment
complex.
GPA NO. 238, Exhibit B APPROVED by the City Planning Commission,
PC88-39.
RECLASSIFICATION NO. 87-88-35 DENIED by the City Planning Commission,
PC88-40.
VARIANCE NO. 3742 DENIED by the City Planning Commission, PC88-41.
The City Planning Commission requested that the City Council review the
decision on the above items, and public hearing has been scheduled this date.
6. ~LANNING COMMISSION REPORTS AND RECOMMENDATIONS
A. CONDITIONAL USE PERMIT NO. 2647 - Request from Leonard W. Gomez
for a retroactive extension of time to comply with conditions of
approval on property located at 140 West Ball Road.
Extension of time to 01-07-89 approved by the City Planning
Commission.
B. RECLASSIFICATION NO. 79-80-26 AND VARIANCE NO. 1264 - Request
from Philip and Emily Porretta for a termination of Reclassification
No. 79-80-26 and Variance No. 1264, property located at 700 South
Magnolia Avenue.
TERMINATED by the City Planning Commission, PC88-43.
C. YAILIANCE NO. 698 - Request from Richard R. Renna for a
termination of Variance No. 698, property located at 510 South Euclid
Street.
TERMINATED by the City Planning Commission, PC88-44.
D. VARIANCE NO. 856 - Request from Mike Patel for a termination of
Variance No. 856, property located at 2141 South Harbor Boulevard.
TERMINATED by the City Planning Commission, PC88-45.
E. VARIANCE NO. 950 - Request from Shirish Patel for a termination
of Variance No. 950, property located at 631 West Katella Avenue.
TERMINATED by the City Planning Commission, PC88-46.
F. VARIANCE NO. 1070 - Request from Robert F. Baker for termination
of Variance No. 1070, property located at 2172 West Orange Avenue
TERMINATED by the City Planning Commission, PC88-47.
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City Hall, Anaheim, California - COUNCIL MINUTES-- February 23, 1988, 1:30 P.M.
G. VARIANCE NO. 3652 - Request from Chris Quesada for termination of
Variance No. 3652, property located at 1515 East Katella Avenue.
TERMINATED by the City Planning Commission, PC88-48.
H. CONDITIONAL USE PERMIT NO. 787 - Request from Shirish Patel for
termination of Conditional Use Permit No. 787, property located at
631 West Katella Avenue.
TERMINATED by the City Planning Commission, PC88-49.
I. CONDITIONAL USE PERMIT NO. 1808 - Request from John R. Townsend
for termination of Conditional Use Permit No. 1808, property located
at 3174 West Ball Road.
TERMINATED by the City Planning Commission, PC88-50.
J. CONDITIONAL USE PERMIT NO. 2228 - Request from Chris D. Van
Gorder for termination of Conditional Use Permit No. 2228, property
located at 1006 West La Palma Avenue.
TERMINATED by the City Planning Commission, PC88-51.
K. CONDITIONAL USE PERMIT NO. 2758 - Request from Jupiter Business
Corporation for a retroactive extension of time to comply with
conditions of approval, property located at 1098 North State College
Boulevard.
Extension of time to 02-03-89 granted by the City Planning Commission.
L. ORANGE COUNTY ENVIRONMENTALAGENCY - Request to determine
Conformance with the General Plan.
The City Planning Commission determined that the repair and
installation of communication equipment for governmental vehicles at
1985 South Santa Cruz Street would be in conformance with the Anaheim
General Plan.
End of Planning Commission Information Items.
179: ORDINANCE NO. 4907 - MINIMUM WIDTH - SMALL CAR SPACE: Amendment to
Subsection .020 of Section 18.06.040 of Title 18 of the Anaheim Municipal Code
relatin~ to the minimum width of the small car space. This proposed amendment
was recommended by the City Planning Commission.
Councilman Bay offered Ordinance No. 4907 for first reading.
ORDINANCE NO. 4907: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN
PROVISIONS OF TITLE 18 (ZONING) OF THEANAHEIM MUNICIPAL CODE PERTAINING TO
SIZES OF PARKING SPACES FOR SMALL CARS.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
172: CLOSURE OF CYPRESS STREET BETWEEN COFFMAN STREET AND EVELYN DRIVE:
Report of the City Engineer dated February 19, 1988 was submitted recommending
that the Council authorize the closure of Cypress Street in a manner
acceptable to the City Engineer. This matter was continued from the meeting
of February 16, 1988, to this date, (see minutes of February 16, 1988).
Councilwoman Kaywood moved to authorize the closure of Cypress Street between
Coffman Street and Evelyn Drive, in a manner acceptable to the City Engineer
as outlined in his report dated February 19, 1988, and finding that said
street is no longer needed for vehicular traffic. Councilman Hunter seconded
the motion. MOTION CARRIED.
170/179: TENTATIVE TRACT FROM PLANNING COMMISSION MEETING OF 2/17/88 - EIR
NO. 257 (PREV. APPROVED), TENTATIVE MAP OF TRACT NO. 11600 (Rev. No. 2) AND
SPECIMEN TREE REMOVAL PERMIT
OWNERS: WALT TAMULINAS, 18431 Yorba Linda Blvd., Yorba Linda, CA 92686
AGENTS: NORRIS-REPKE INC., 507 E. First Street, Tustin, CA 92680,
ATTN: JACK NORRIS
LOCATION: Approximately 8.3 acres on the east side of Henning Way,
approximately 1100 feet south of the centerline of Arboretum Road.
To re-establish a 12-lot RS-HS-22,000(SC) Zone subdivision.
The City Planning Commission approved both tentative map and Specimen
Tree Removal.
Negative Declaration approved.
Councilwoman Kaywood requested a review of Tentative Map of Tract No. 11600
(Rev. No. 1), and, therefore a public hearing will be scheduled at a later
date.
127/142/179: ORDINANCE NO. 4900:
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the Assistant City Clerk. (Ordinance No. 4900)
Councilman Bay moved to waive the reading in full of the ordinance.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Bay offered Ordinance No. 4900 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4900: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING, ADDING AND
AMENDING VARIOUS SUBSECTIONS AND SECTIONS OF CHAPTER 4.04 OF TITLE 4 AND
CHAPTERS 18.04 AND 18.05 OF TITLE 18 OF THE ANAHEIMMUNICIPAL CODE PERTAINING
TO ADVERTISING STRUCTURES AND POLITICAL SIGNS.
Roll Call Vote:
232
100
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Ordifiance No. 4900 duly passed and adopted.
179: ORDINANCE NO. 4901:
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the Assistant City Clerk. (Ordinance No. 4901)
Councilman Bay moved to waive the reading in full of the ordinance.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 4901 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4901: AN ORDINANCE OF THE CITY OF ANAHEIM ADDINGAND AMENDING
VARIOUS SECTIONS AND SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING FOR CONVENIENCE MARKETS AND
COMMERCIAL RETAIL CENTERS. (ALTERNATIVE A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance No. 4901 duly passed and adopted.
179: ORDINANCE NO. 4902:
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the Assistant City Clerk. (Ordinance No. 4902)
Councilman Bay moved to waive the reading in full of the ordinance.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Bay offered Ordinance No. 4902 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4902: 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 Reclass. No. 68-69-37(19), located at the southwest corner of
Coronado and Red Gum Street).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
233
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
The Mayor declared Ordinance No. 4902 duly passed and adopted.
179/142/000: PROPOSED BILLBOARD ORDINANCES: Submitted for adoption were
Ordinance Nos. 4903, 4904 and 4905, having to do with amendment to the Anaheim
Municipal Code, Titles 18, 3 and 4 respectively, pertaining to billboards,
advertising, signs and fees. Said ordinances received first reading on
February 16, 1988.
Councilman Bay moved that adoption of the three ordinances be continued for a
minimum of two weeks to allow additional study and discussion. Councilman
Pickier seconded the motion.
Discussion: Councilman Ehrle pointed out that the City Council favors a
reduction in the number of billboards within the City, while identifying a
fair, equitable source of revenue. There is no intent to interfere with the
free enterprise system, yet the environment should be aesthetically pleasing
to citizens. He thereupon moved that interested parties be brought together
on a blue ribbon commlttee to discuss the issues, with citizen input. The
committee would be comprised of representatives from four advertising
agencies, Patrick, Gannett, Regency and Martin (voting members), City staff,
including representatives from the City Manager's Office, City Attorney and
Finance Department and five citizens, (voting members) one to be appointed by
each Council Member. (Martin was the company finally chosen after discussion
on which company would be best representative of the smallest billboard
advertiser in Anaheim).
Councilman Bay withdrew his earlier motion; Councilman Pickler withdrew his
second. Councilman Bay seconded the motion by Councilman Ehrle.
Councilwoman Kaywood thereupon offered a substitute motion that there be no
change to the present Billboard Ordinance which does not allow freeway
billboards. The motion died for lack of a second.
Public Discussion: Marilyn Ryan, Vice President, Coast Advertising, inc.,
requested that her firm be represented on the committee. She advised that her
firm was the smallest and had been licensed in the City of Anaheim longer than
the others.
Councilman Pickler expressed the opinion that the representatives of companies
on the committee would be asking for input from all those companies not
represented.
City Attorney, Jack White. He clarified if the Committee is established by
action of the Council, it will be subject to the Brown Act. The meetings will
not only be public, but anyone who requests in writing notice of the date,
time and place must be furnished that information.
Mr. Jim Abbott, also representing Coast Advertising, spoke in support of Ms.
Ryan's request for inclusion on the committee.
Mr. Ron Beals, representing Gannett Outdoor Advertising, endorsed the proposal
for a Blue Ribbon Committee, and suggested that the existing moratorium on
234
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
construction of any billboards in the City be extended to allow the committee
sufficient time to study, receive input and recommend ordinances which would
be reasonable for everyone.
Mr. Donald Day, 30118 Lakeview Avenue, asked to be notified of any committee
meetings so that he might attend.
Councilwoman Kaywood was of the opinion that the action proposed by Councilman
Ehrle would be a delaying tactic; she indicated that any further hearings.on
this issue should be held during evening hours.
At the conclusion of the discussion, the motion offered by Councilman Ehrle,
seconded by Councilman Bay, was restated as follows: That a blue ribbon
committee to study and make recommendations concerning billboard issues be
appointed, to consist of five appointees (one per each Council Member),
representatives of Patrick Media, Gannett Outdoor Advertising, Regency
Advertising and Martin, and City staff; the City Clerk to be notified of each~
Council appointee by February 26, 1988. To this motion, Councilwoman Kaywood
voted "No". MOTION CARRIED.
MOTION: Councilman Bay moved that proposed Ordinance Nos. 4903, 4904 and 4905
which had been offered for first reading by Councilman Hunter at the meeting
of February 16, 1988 be tabled indefinitely. Councilman Pickler seconded the
motion. MOTION CARRIED.
179: ORDINANCE NO. 4908: Councilman Bay offered Ordinance No. 4908 for first
reading.
ORDINANCE NO. 4908: 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. 86-87-33,
located at 126i North Placentta Avenue)
179: ORDINANCE NO. 4909: Councilman Hunter offered Ordinance No. 4909 for
first reading, incorporating minor wording changes as stated by the City
Attorney and agreed to by Frank Elfend, Elfend & Associates.
ORDINANCE NO, 4909: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTEK 18.71 RELATING TO
SPECIFIC PLAN NO. 88-1 (SPECIFIC PLAN NO. 88-1) ZONE.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
RECESS: By general consent the Council recessed for ten minutes. (2:57 p.m.)
AFTER RECESS: TheMayor called the meeting to order, all Council Members
bein~ present. (3:10 p.m.)
161.123: JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT -
RONALD F. AND SARAH WALTZ:
235
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
To consider the proposed sale and development pursuant to a
Disposition and Development Agreement of property at 188 North
Vintage Lane.
Lisa Stipkovich, Acting Executive Director of Community Development briefed
her report of February 15, 1988 (2) which recommended that the Agency and
Council (1) approve the proposed sale of certain real and chattel property in
Redevelopment Project Alpha proposed in the Disposition and Development
Agreement between the Agency and Ronald F. and Sarah Waltz; (2) approve the
proposed Disposition and Development Agreement pertaining thereto, and (3)
authorize execution of said Disposition and Development Agreement.
Chairman/Mayor Bay asked if anyone wished to address the Redevelopment Agency
in favor of or opposition to the proposed sale and development of subject
property; there was no response. The Mayor declared the public hearing closed.
WAIVER OF READING - RESOLUTION:
read by the Acting Secretary.
No. 88R-93)
The title of the following resolutions were
(Resolution No. ARA88-5 and Resolution
Councilman Bay moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. MOTION CARRIED.
Agency Member Kaywood offered Resolution No. ARA88-5 for adoption. Refer to
Resolution Book.
RESOLUTION NO. ARA88-5: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE PROPOSED SALE OF CERTAIN REAL AND CHATTEL PROPERTY IN
REDEYELOPMENT PROJECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND
DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING EXECUTION OF SAID
DISPOSITION AND DEVELOPMENT AGREEMENT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Chairman declared Resolution No. ARA88-5 duly passad and adopted.
Councilman Bay offered Resolution No. 88R-93 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 88R-93: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY UNDER THE
PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND RONALD F. AND SARAH WALTZ IS NOT LESS THAN FAIR VALUE
IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING
THE SALE OF SUCH PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT.
Roll Call Vote:
236
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 88R-93 duly passed and adopted.
161.123: JOINT PUBLIC HF~RING - DISPOSITION AND DEVELOPMENT AGREEMENT -
MARCIA CASTOR, MARGARET LOUISE ATKINS AND EDWARD AUBURN ATKINS:
To consider the proposed sale and development pursuant to a
Disposition and Development Agreement of property at 198 North
Vintage Lane.
Lisa Stipkovich, Acting Executive Director of Community Development briefed
her report of February 16, 1988 (2) which recommended that the Agency and
Council (1) by resolution, approve an Initial Study for the proposed Castor
development and make certain environmental findings with respect thereto,'and
(2) ky resolution, approve the proposed sale of certain real and chattel
property in Redevelopment Project Alpha, approve the proposed Disposition and
Development Agreement pertaining thereto, and authorize execution of said
Disposition and Development Agreement.
Chairman/Mayor Bay asked if anyone wished to address the Redevelopment
Agency/City Council in favor of or opposition to the proposed sale and
development of subject property, there being no response, the public hearing
was closed.
WAIVER OF READING -RESOLUTION:
read by the Acting Secretary.
Resolution No. 88R-94)
The title of the following resolutions were
(Resolution Nos. ARA88-6 and ARA88-7 and
Councilwoman Kaywood moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. MOTION CARRIED.
Agency Member Kaywood offered Resolution Nos. ARA88-6 and ARA88-7 for
adoption. Refer to Resolution Book.
RESOLUTION NO. ARA88-6: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
CERTIFYING AN INITIAL STUDY FOR THE PROPOSED CASTOR DEVELOPMENT AND MAKING
CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT THERETO.
RESOLUTION NO. ARA88-7: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE PROPOSED SALE OF CERTAIN REAL AND CHATTEL PROPERTY IN
REDEVELOPMENT PROJECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND
DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING EXECUTION OF SAID
DISPOSITION AND DEVELOPMENT AGREEMENT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
237
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
The Chairman declared Resolution No. ARA88-7 duly passed and adopted.
Councilwoman Kaywood offered Resolution No. 88R-94 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 88R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CERTIFYING THE INITIAL STUDY WITH RESPECT TO THE PROPOSED DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND MARCIA
CASTOR, MARGARET LOUISE AND EDWARD AUBURN ATKINS, DEVELOPER; FINDING THAT THE
CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR
VALUE IN ACCORDANCE WITH COVENANT CONDITIONS GOVERNING SUCH SALE; AND
APPROVING THE SALE PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Pickier and Bay
The Mayor declared Resolution No. 88R-94 duly passed and adopted.
107: PUBLIC HEARING - HOUSE MOVE-ON PERMIT: To consider the application of
Marcia Castor, et al. to move a single family residence from 208 South
Philadelphia Street to 198 North Vintage Lane.
WAIVER OF ~ING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-95)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Pickier seconded the motion. MOTION CARRIED.
In accordance with report and recommendation by the Chief Building Inspector,
Councilwoman Kaywood offered Resolution No. 88R-95 for adoption, approving
house move-on permit in accordance with staff report dated February 11, 1988.
Refer to Resolution Book.
RESOLUTION NO. 88R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A SPECIFIC PERMIT TO MOVE A SINGLE-FAMILY RESIDENTIAL
~?RUCTUR~ TO 198 NORTN VINTACE LAN~ IN T~ CITY 0F ANANEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Pickler and Bay
The Mayor declared Resolution No. 88R-95 duly passed and adopted.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2975 AND NEGATIVE
DECLARATION:
~. Philip Delgado, et al. (c/o Robert S. Sklar)
712 East Ball Road,
Anaheim, Ca. 92800
238
140
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
AGENT:
Farano & Kieviet
100 So. Anaheim Blvd.,
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: To consider waiver of code requirement for
Conditional Use Permit No. 2975 to permit a liquidating sales outlet with
waiver of minimum number of parking spaces at 712 East Ball Road - Phil &
Jim's Appliances. (Ball Road and Lewis Street)
PLANNING COMMISSION ACTION: CUP NO. 2975 was denied by the City Planning
Commission at their meeting held January 4, 1988 (PC88-19), and an appeal
filed by Farano & Kieviet, 100 South Anaheim Blvd., on behalf of the applicant.
HEARING SET ON:
The decision of the Planning Commission was appealed by Farano & Kieviet,
Agent for the Applicant. This matter was continued from the meeting of
February 16, 1988, to this date (see minutes that date).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 4, 1988.
Posting of property February 4, 1988.
Mailing to property owners within 300 feet - February 4, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated January 4, 1988.
On motion by Councilman Pickler, seconded by Councilwoman Kaywood, public
hearing was continued to March 15, 1988, 3:00 P.M., in accordance with request
by the agent for the petitioner, Floyd L. Farano, in his letter dated
February 22, 1988. MOTION CARRIED.
178: PUBLIC HEARING, ABANDONMENT NO. 87-15A: In accordance with application
filed by Quaker State Minit-Lube, Inc. public hearing was held on proposed
abandonment of a prior Southern California Edison easement, no longer being
used as such, which is located at the northeast corner of Brookhurst Street
and Lincoln Avenue, (2181 Lincoln Avenue), pursuant to Resolution No. 88R-45
duly published in the Anaheim Bulletin and notices thereof posted in
accordance with law.
Report of the City Engineer dated January 26, 1988, was submitted
recommending approval of said abandonment.
Mayor Bay asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Pickler, seconded by Councilman Hunter, 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.
239
137
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the Assistant City Clerk. (Resolution No. 88R-96)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-96 for adoption, approving
Abandonment No. 87-15A. Refer to Resolution Book.
RESOLUTION NO. 88R-96: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING AN EASEMENT OF A PRIOR SOUTHERN CALIFORNIA EDISON, NO LONGER
BEING USED AS SUCH, WHICH IS LOCATED AT THE NORTHEAST CORNER OF BROOKHURST
STREET AND LINCOLN AVENUE, (2181 LINCOLN AVENUE).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-96 duly passed and adopted.
134/179: PUBLIC HEARING, GENERAL PLAN AMENDMENT NO. 238, RECLASSIFICATION NO.
87-88-35, VARIANCE NO. 3742 AND NEGATIVE DECLARATION:
APPLICANT: OWNERS: Edward & Margaret M. Sauban, i06 N. Teri Circle,
Anaheim, CA 92804; Walter J. & Darlene F. Peters, 107 N. Teri
Circle, Ana, 92804; Ralph L. & Kathryn L. Braden, ll0 N. Teri
Circle, Ana, 92804; Homer D. & Patricia Griffis, 111 N. Teri
Circle, Ana, 92804; John & Georgene Hardaway,F 112 N. Teri
Circle, Aha, 92804; Jim & Virginia Lee Saub, 113 N. Teri Circle,
Aaa, 92804.
AGENT:
M. HANNA, 4000 MacArthur Blvd., #680, Newport Beach, 92660
REQUEST/ZONING/LOCATION: To construct a 2 to 4-story, 75-unit "affordable"
apartment complex located at 105, 107, 110, 111, 112, 114 No. Teri Circle and
tO consider: (1) an amendment to the Land Use Element of the General Plan to
chanEe the existing land use from Low-Medium Density Residential to Medium
Density Residential; (2) Change in zone from KS-A-7200 to RM-1200 or a less
intense zone; (3) Code waivers of (a) min. building site area per dwelling
unit, (b) maximum structural height, (c) maximum site coverage, and (d)
structural setbacks.
PLANNING COmmISSION ACTION: The City Planning Commission approved GPA
No. 238, Exhibit B - Resolution No. PC88-39; Resolution No. PC88-40 denied
Reclassification No. 87-88-35; and Resolution No. PC88-41 denied Variance
No. 3742; approved EIR - Negative Declaration.
HEARING SET ON:
The City Planning Commission requested a review of the above'actions by the
City Council, and public hearing was scheduled and advertised for this date
and time.
240
138
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 11, 1988.
Posting of property February 12, 1988.
Mailing to property owners within 300 feet - February 11, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 1, 1988.
Mayo~ Bay asked if the applicants or their agent wished to address the City
Council.
APPLICANT'S
STATEMENT:
A1 Marshall, Newport Pacific Developers, 4000 MacArthur
Boulevard #680, Newport Beach, California 92660, representing
the petitioners, made a presentation using slides projected on
the west wall of the Council Chambers and advised that the six
properties located around a short cul-du-sac extending north
from Lincoln Avenue had been assembled for development into a
75-unit apartment complex. The single-story portion would be
constructed over subterranean parking, and any two-story portion
would be a minimum of 100 feet from the property line.
Magdy Hanna, also from Newport Pacific, pointed out that when
the six homes were built, a different traffic pattern and
property use existed in the area. The sales office for the
subdivision to the North was located on Teri Circle, and these
six homes had always been isolated from the balance of the
development.
In response to question posed by Councilwoman Kaywood, Mr.
Marshall reported that after studying the sewer service for
these properties, their engineer met with Bruce Bowman of the
City Engineer's Office. Et was determined that if certain
changes were made at the intersection of Dale and Lincoln
Avenues, there was sufficient capacity in the eight inch line in
front of the project. This could be accomplished at the
developer's expense; in addition, other possibilities did exist.
PUBLIC DISCUSSION:
IN FAVOR: John Hardaway, 112 N. Teri Circle, Anaheim, California 92801,
one of the owners and representing the six parcels involved,
noted uses on adjacent parcels including two strip shopping
complexes along Lincoln Avenue. The properties along Lincoln
were no longer appropriate for residential use, so the owners
had assembled their six parcels in an effort to solve their
problems. The only oppositionhad been received from the
neighbors to the North, and he requested approval of subject
applications.
Virginia Saub, 112 N. Teri Circle, stated she and her husband
were retired and had resided at this address for twenty-eight
years. The time had come to sell the property and utilize the
accumulated equity.
241
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
Walter J. Peters, 107 N. Teri Circle, advised he was retired and
had resided at this address since 1970. He had formerly owned a
business in Anaheim, and together with his wife he had raised
his children in Anaheim.
Kathryn Braden, 110 N. Teri Circle, stated the quality of life
on their street had changed significantly in the past ten years;
properties along Lincoln Avenue had been converted to commercial
uses.
Homer D. Griffis, 111 N. Teri Circle, a nine-year resident,
advised that he and his wife had decided to relocate in a
community more residentially oriented, as they were starting a
family and wanted their children to have the advantage of living
in a neighborhood with other children.
Margaret A. Milligan, 106 N. Teri Circle, stated she was
recently widowed, and because there was a great deal of foot
traffic in the neighborhood she no longer felt secure in her
home.
Janice Morger, 2865 W Lincoln Avenue, adjacent to subject
properties on the West, spoke in favor of the zoning change to
conform with others along Lincoln Avenue.
PUBLIC DISCUSSION:
IN OPPOSITION:
Dorothy Egbert, 2871 W. Polk Avenue, submitted petition in
opposition to subject applications, containing 296 signatures.
As a thirty-year resident, she objected to the proposed
development on a parcel of insufficient size to accommodate such
high density. She stated that representatives of the developer
had approached property owners on Polk Avenue with offers to
purchase their properties. Traffic, litter and noise had
increased with the commercial developments on Lincoln Avenue,
and adding seventy-five families to the already overcrowded
streets and other facilities would not improve the situation.
She read from an editorial published in the Anaheim Bulletin on
February 8, 1988, pointing out that in Anaheim, moderately
priced single family residences were becoming an endangered
species. She requested that the City Council uphold the action
taken by the Planning Commission.
Charles Carey, 2849 W. Polk Avenue, thirty feet from Subject
property, read from a response from four couples, also
published in the newspaper, who felt that the proposed
development was an insult to the citizens and to elected
officials, and would establish an unfavorable precedent,
especially considering the number of requested variances. He
requested that the applications be disapproved.
242
136
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
In response to questions by Council, Mr. Carey indicated his
personal preference that the property remain as single family
residential; if not, then a development which would be
considerably less dense than the four-story complex proposed.
Possibly a commercial development would be more feasible.
Patrick Lake, 2867 W. Polk Avenue, acknowledged the right of the
applicants to sell their properties, but felt the developers'
approach to property owners on his street seemed to be "block
busting". Tenants in two to four story apartments would be able
to see into the yards of Polk Avenue residents, and he expressed
concern about already existing traffic problems.
Karen Foucher, 2875 W. Polk Avenue, objected to the destruction
of six single family homes, citing the need for more housing.
She felt 75 apartments on such a small parcel was unthinkable,
and called attention to the number of variances requested. By
comparison, she pointed out a 144-unit apartment complex
northeast of subject property, facing Dale Street, on property
four or five times the size of subject parcel.
Monica Potter, 2857 W. Polk Avenue, stated the development was
far too dense for the small parcel; 35 units would be the most
that should be allowed. Any development would add to traffic
congestion, and additional children would have to be bussed to
other schools. She expressed a desire to retain the integrity
of her single family residential neighborhood where she and
others could continue raising their families.
Theresa Dieriex, 2861 W. Munroe Avenue, was of the opinion that
the City was already overextended with apartment buildings. The
proposal would increase traffic congestion and impact schools.
The only alternative to existing residential that she felt would
be tolerable was a very limited commercial use.
Robert Beck, 208 N. Belair Street, expressed strong opposition
to the development for all the reasons previously expressed.
Existing apartment houses on Lincoln Avenue were experiencing
many Police calls for dru$-related incidents. This complex
seemed to generate a great deal of noise, and there was a
problem with loitering and litter. For these reasons, he
requested that the proposed development be denied.
Robert B. Waldron, 2861 W. Polk Ave., stated that a broker had
made him an offer to purchase his property and had told him that
the proposed apartments would appreciate the value of his home.
In his opinion, the homes on Teri Circle would sell at the
present time for a fair market price, and he requested that
subject applications be denied.
243
223
City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1WS~, 1:30 P.M.
PUBLIC DISCUSSION-
IN FAVOR: Stan Braden, 6643 Joshua Tree, Orange, advised that he was a
former resident of Teri Circle where his parents continued to
reside; he noted that their residence had been burglarized three
times. He was of the opinion that the proposed apartment
development would constitute a logical barrier between
commercial and residential uses in the area, and would buffer
any noise from traffic on Lincoln Avenue.
COUNCIL CONCERNS:
Councilman Bay. He questioned the feasibility of having the
1-i/2 story building located a minimum of fifty feet from the
rear property line, and the 2-1/2 story buildings approximately
100 feet from the property line which would have the least
impact on the adjacent single-family homes and reducing the
density.
Councilwoman Kaywood - felt the highest and best use of subject
property was the single family residential development currently
existing; the owners had the option of selling their homes
individually, and it was true that the older single family
dwellings were in scarce supply in Anaheim. She was of the
opinion that the timing was not right for the proposed
development.
SUMMATION BY APPLICANT:
Mr. A1 Marshall - the issue was what type of development was
appropriate on the subject property, which had frontage on
Lincoln Avenue. Plans were to relocate the existing dwellings
to a cul-du-sac property on Wakefield Street at Ninth Street (he
submitted a plot plan showing the property); the units therefore
would not be lost. He stated that 60 per cent of the County's
residential growth was in births to existing families, and
pointed out that most young families are unable to afford the
purchase price of this type of residential housing.
Mr. Magdy Hanna - explained the management methods of his
company which insure reliable tenants in their developments;
there would be a manager on the site. The eight-foot block wall
along the north property line and the six-foot wall along the
sides would prevent traffic generated by the development from
impacting surrounding residential properties. If approved, the
developers would be paying the school district approximately
$100,000.00 to help provide whatever facilities were needed.
Commercial use of the property would probably generate three
times the traffic that the proposed residential use would cause.
Responding to questions by Council Members, Mr. Hanna stated
that an existing dwelling on the Wakefield property would
remain, and five of the structures on Teri Circle would be
located on that same property.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Extensive discussion ensued, with Council Members expressing
concern for the density proposed and for the impact on the
surrounding residential neighborhood. Exhibits posted on the
west wall of the Council Chambers were again reviewed along with
action taken by the City Planning Commission.
On mction by Councilman Bay, seconded by Councilman Ehrle, public hearing on
General Plan Amendment No. 238, Reclassification No. 87-88-35, Variance No.
3742 and Negative Declaration was continued to March 15, 1988, to allow the
applicants time to submit revised plans for a development with less density,
as discussed. Councilwoman Kaywood voted "No." MOTION CARRIED.
RECESS: By general consent, the City Council recessed for ten minutes.
(5:3b p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:46 p.m.)
150/114: BROOKHURST PARK LIGHTING: Councilman Hunter reported on an event he
recently attended at Brookhurst Park, and called attention to the need for the
lighting at the park to be updated.
114/131: FREEWAY CALL BOXES: Councilman Pickler reported that the program
for installing emergency call boxes along all Orange County Freeways would be
completed by the end of 1988.
ADJOURNMENT: Councilman Bay moved to adjourn.
motion. MOTION CARRIED. (6:00 p.m.
Councilman Hunter seconded the
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