1988/04/05Hall, Anaheim, California - COUNCIL MINUTES - April 5, 198d~ 6:30 P.M.
The ~ssistant City Clerk called the regular meeting of the Anaheim City
Council to order at 12:00 noon and recessed same until 3:00 p.m. for lack of a
~er mm.
The City Council of the City of Anaheim met in regular session.
The ~ayor called the meeting to order at 3:00 p.m.
~R~SENT: COUNCIL ME~iBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
A-~SfNT: COUNCIL ~MBERS: None
~R~$ENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ~NGINEE~: Paul Singer
PLANNING DIRECTOR: Joel Fick
DEPUTY CITY ENGINEER: Art Daw
A Cemplete copy of the agenda for the meeting of the Anaheim City Council was
~ted at 3:15 p.m. on April 1, 1988 at the Civic Center kiosk, containing ali
~t~ as shown herein.
~iEST FOR CLOSED SESSION: City Attorney Jack Wl~te requested a Closed
~sion to consider the following items:
a. Pending litigation pursuant to Government Code Section
5495~.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.
Anaheim Hotel Partnership O.C.S.C.C. No. 46-96-59; City of Anaheim
vs. Anaheim Stadium Associates 0.C.S.C.C. 44-81-74.
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)(i).
Councilman Bay moved to recess into Closed Session. Councilman Ehrie seconded
~motion. MOTION CARRIED. (3:00 p.m.)
RECESS: The Mayor called the meeting to order, all Council Members
present~ and welcomed those in attendance to the Council meeting.
p.m. )
~CATION: Rabbi Irvin Brandwein gave the Invocation.
SALUTE: Council Member William D. Ehrle led the assembly in the Pledge
~f?[l~e to the Flag.
351
City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1985, 6:30 P.M.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
American Host Month in Anaheim,
Week of the Young Child in Anaheim, April 10-lQ, 1988.
Frank Hoffman accepted the "American Host Month in Anaheim" Proclamation and
May Stevens, along with two youngsters, accepted the Week of the Young Child
in Anaheim Proclamation.
i19; DECLARATION OF APPRECIATION: A Declaration of Appreciation was
unanimously adopted by the City Council and presented to Mr. Albert Peraza,
Parks and Recreation Commissioner, whose term expired on that Commission where
he has served faithfully since 1980.
Mayor Bay and City Council Members personally congratulated Mr. Peraza,
thanked him not only for his service on the Commission but for his
volunteerism on additional special committees to assist the Parks and
Recreation Department with the development of the Strategic Plan, Youth Crime
Diversion Study and the Community Block Grant Funding Allocation Process.
119: DECLARATION OF CONDOLENCE: A Declaration of Condolence was unanimously
adopted by the City Council to be presented to the family of Mr. Burr
Williams, a long time Anaheim resident and Community leader and a member of
Anaheim's Community Center Authority since 1974.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council congratulating Project S.A.Y.
(Save-A-Youth), a crime and gang prevention program which directs youth of the
Community away from criminal behavior toward positive citizenship. The
Anaheim Salvation Army created a basketball team for the project. Accepting
the Declaration on behalf of the team were Ken Morales and two other team
members. Mayor Bay and City Council Members congratulated the young men for
their hard work and commitment to the project.
PRESENTATION: The City Council again welcomed Carla Kemp, Miss Anaheim/U.S.A.
who was accompanied by Fran Mauck. Mayor Bay presented Miss Kemp with red
roses and, along with ail Council Members, wished her well in the forthcoming
pageant to be held July 30, 1988.
MINUTES: Approval of the minutes were deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,044,361.89, in
accordance with the 1987-88 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-137 through 88R-140, both inclusive and
Ordinance No. 4919)
Councilman Bay moved to waive the reading in full of the resolutions and
Ordinance. Councilman Hunter seconded the motion. MOTION CARRIED. 352
249
Ciuy Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Bay,
seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished eacn
Council Member and as listed on the Consent Calendar; Councilman Bay offered
Resolution Nos. 88R-137 through 88R-140, both inclusive, for adoption.
Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
Claim submitted by Noli A. Griffin for property damage sustained
purportedly due to actions of the City on or about February 13, 1988.
b. Claim submitted by Greg Nova for property damage sustained purportedly
due to actions of the City on or about January 28, 1988.
~. Claim submitted by Steven Gaiasinski for property damage sustained
purportedly due to actions of the City on or about February 17, 1988.
d. Claim submitted by Conrent Development Corporation B. J.'s Rental
Store for equitable indemnity or partial equitable indemnity due to actions of
the City on or about January 26, i988.
e. Claim submitted by Richard L. Reed for property damage sustained
purportedly due to actions of the City on or about December 21, 1987.
f. Claim submitted by State Farm Auto Insurance Company as Subrogee for
Michael Landreth (Claim No. 55-N390-974YL for property damage sustained
purportedly due to actions of the City on or about February 17, i988.
g. Claim submitted by Grace Elias for bodily injury sustained purportedly
due to actions of the City on or about January lb, i988.
h. Claim submitted by Jennie Wilson for indemnity for damage sustained
purportedly due to actions of the City on or about October 21, 1989.
i. Claim submitted by Lori Anne Wilson for indemnity for damage sustained
purportedly due to actions of the City on or about October 21, 1986.
j. Claim submitted by Harry Wilson for indemnity for damage sustained
purportedly due to actions of the City on or about October 21, 1986.
k. Claim submitted by Jerry Crum for property damage sustained
purportedly due to actions of the City on or about March 4, 1988.
1. Claim submitted by Debbie Dunn for bodily injury sustained purportedly
due to actions of the City on or about January 16, 1988.
353
25O
City Hall, Annheim, California - COUNCIL MINUTES - April o, 1988, 6:30 P.M.
m. Claim submitted by Christopher Potter for bodily injury sustained
purportedly due to actions of the City on or about January 16, 1988.
Application for Leave to Present Late Claim - Recommended to be Denied:
n. Claim submitted by Benjamin M. Savala for bodily injury sustained
purportedly due to actions of the City on or about November 7, 1987.
o. Claim submitted by Richard Savala, Jr. for bodily injury sustained
purportedly due to actions of the City on or about November 7, i987.
p. Claim submmitted by Sylvia Savala bodily injury sustained purportedly
ue to actions of the City on or about November 7, 1987.
A2. i05: Receiving and filing minutes of the Community Redevelopment
Commission meeting held March 9, 198~.
AJ. 105: Receiving and filing minutes of the Anaheim Public Library Board
meeting held February 24, 1988.
A4. 105: Receiving and filing minutes of the Community Services Board meetiz~
held February 11, 1988.
AD. 190: Waiving Council Policy 306 and authorizing the Purcimsing Agent to
issue a purchase order without competitive bidding for one (1) each Hewlett
Packard 57h4B Disc Drive and Cabinet in the amount of $14,00u.76 for use at
the Stadium and Convention Center.
A6. i~O: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $59,825.75 for office
furniture at the Convention Center from McMahan Desk, Inc. in accordance with
id #A-4573 as publicly advertised.
A7. loO: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to the Anaheim Public
Improvement Corporation in the amount of ~J5,255.~0 for one (1) Tymco parking
lot sweeper for the Department of Maintenance.
AS. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $7~,023.12 to Ray
Kelly Heavy Equipment Service for eight (8) automatic transmissions
retrofit/installation in accordance with bid #A-4569 as publicly advertised.
A9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to the Anaheim Public
Improvement Corporation in the amount of $35,218 to Cycom Data Systems, Villa
Park, for Code Enforcement computer equipment and system integration.
Al0. 169: Awarding a contract to the lowest and best responsible bidder, R.
J. Noble Company of Orange, in the amount of $35,380.60 for Kraemer Boulevard
Street Improvement.
354
247
City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988~ 6:30 P.M.
Ail. 167: Awarding a contract to the lowest and best responsible bidder, Paul
Gardner Corporation of Ontario, in the amount of $97,779 for Signal
Installation at Broadway/Clementine and Broadway/Melrose.
Al2. lb9: Awarding a contract to the lowest and best responsible bidder,
Artistic Landscape and Engineering, Inc. of Southgate, California in the
amount of $143,956 for Route 91/57 Overcrossing Approach Landscaping
Improvement.
Al3. 123: Approving an agreement with California Civil, Inc. for the East
Street Widening Study at a cost of $48,960, and authorizing the Mayor and City
Cler~ to execute subject agreement.
Al4. 123: Approving an agreement with the City of Placentia for the
improvement of Crowther Avenue, between Kraemer Boulevard and the west city
limit, with an estimated cost of $117,286 and authorizing the Mayor and City
Clerk to execute said agreement.
Al5. 151: Approving the request from Sybelina Erickson to allow the
encroachment of a roof area into the 5 foot set-back area at 215 South Emerald
Street, and authorizing the Mayor and City Clerk to execute the encroachment
permit.
AlU. 155/164: Approving a Negative Declaration pursuant to CEQA findings for
the construction of the Euclid Street Storm Drain Project between the
Anaheim-Barber City Channel north of 0rangewood Avenue and Broadway. This
will also include storm drain construction on Crone Avenue, Loara Avenue, and
Brande Avenue between Euclid Street and Gilbuck Street.
Al7. 155: Certifying EIRNo. 270, Walnut Canyon Erosion Control Project,
finding the EIR to be in compliance with the California Environmental quality
Act and with the State and City CEQAGuidelines and adopting a statement of
overriding considerations.
Al8. 123: Approving an agreement with La Belle-Marvin for pavement evaluation
in preparation for funding application through Federal Aid Urban (FAU), or
Orange County Unified Transportation Trust (OCUTT), and authorizing tue Mayor
and City Clerk to execute said agreement. The amount of the contract is
0,225. .
123: Approving an agreement with Pavement Management Systems for Pavement
evaluation in preparation for funding application through Federal Aid Urban
(FAU), or Orange County Unified Transportation Trust (0CUTT), and authorizing
the Mayor and City Clerk to execute said agreement. The amount of the
contract is $14,660.
Al9. 101.123: Approving the consent to assignment of an agreement from Chief
Auto Parts, a Division of the Southland Corporation to Chief Auto Parts, inc.
for advertising space at Anaheim Stadium.
355
248
City Hall, Anaheim, California - COUNCIL MINUTES -April 5, i988, 6:30 P.M.
A20. 123: Approving the First Amendment to the Permit Agreement with Pinata
Foods to increase the number of parking spaces leased from five (5) to twenty
(20), and increase the monthly lease fee from $100 to $300 through January
1989 at Anaheim Stadium, and authorizing the Mayor to sign the Amendment.
A21. Removed from Consent Calendar, see item at end of consent calendar.
A22. 153: RESOLUTION NO. 88R-137: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-008 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS WITH FULL-TAME
EQUIVALENTS. (to permit payment of overtime at the rate of one and one-half
times the normal rate of pay for part-time Meter Readers)
A23. 153: RESOLUTION NO. 88R-138: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-008 WHICH ESTABLISHED RATES OF
COi~PENSATION FOR UNREPRESENTED PART-TIb~ CLASSIFICATIONS WITH FULL-TIME
EQUIVALENTS. (Amending Resolution No. 86R-008 to include Section 2, effective
April 1, 1988, whic, provides pay at the rate of one and one mall-times the
regular hourly rate for part-time Telepaone Operator/Receptionists and
part-time Security Guard w~en working holidays or special events at the
Stadium or Convention Center)
A24. 153: RESOLUTION NO. 88R-139: A RESOLUTION OF THE CITY OF ANAHEIM
AMENDING RESOLUTION NO. 88R-115 NUNC PRO TUNC. ( Amending Resolution No.
88R-115, nunc pro tunc, by adding the unrepresented part-time job
classification of Technical Worker - $5.72 - $6.01)
A25. 155: Approving a Negative Declaration pursuant to California
Environmental Quality Act (CEQA) for the development of an 8-acre neighborhood
parksite to include a children's play equipment area, picnic facilities, an
athletic field, hardscape, parking facilities, and other park amenities on
property located on Monte Vista Road near the intersection of Monte Vista Road
and Weir Canyon Road.
A26. 123: Approving an agreement with the Planning Group to provide
professional services for the preparation of a human services needs assessment
and action plan at a cost of
A27. 158: RESOLUTION NO. ~8R-140: A RESOLUTION OF THE CITY COUNCIL OF T~E
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A28. 149/142: ORDINANCE NO. 4916: (FOR ADOPTION) A2~ ORDINANCE OF THE CITY OF
ANAHEIM ADDING NEW SUBSECTIONS .2350 AND .2~60 TO SECfION 14.32.190 OF CHAPTER
14.32. OF TITLE 14 OF THE ~AHEIM MUNICIPAL CODE RELATING TO PARKING AND
STOPPING. (Amending Title 14, Chapter 14.32, Section 14.~2.190 which wou±d
add the following: Wesley Drive, on the north side and the south side, from
Hancock Street to the west terminus. T~e same ordinance would also add:
Orangewood Avenue, on the south side from Mountain View Avenue to Manchester
Avenue, to provide for no parking at anytime)
Roll Call Vote on Resolution Nos. 88R-137 through 88R-140:
356
City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 58K-lJ7 through 8~K-l~0, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 491o:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEb~ERS:
ABSENT: COUNCIL MEMB£RS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance No. 491b duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
A21. 124: Approving an increase in the Convention Center revenue
appropriations in the amount of $1, J40,000. Account No. 64-3592, and
expenditure appropriations Account No. 64-946-7107 in the same amount for the
modernization projects. This item was withdrawn and removed from the consent
calendar at the request of staff. No action was taken by the City Council.
A29. ORDINA~qCE NO. 4917 -Flagpole Displays at the Anaheim Civic Center:
Adding new section li.08.040 to Chapter 11.08 of Title ii of the Anaheim
Municipal Code relating to flagpole displays at the Anaheim Civic Center.
This Ordip~nce was introduced at the Council meeting of March 29, 1958 as the
result of discussion relative to the request received to fly the POW/MIA flag
from the Civic Center flagpole for an indefinite period. (See minutes of
March 29, 1988.)
Councilman Pickier. The Council should not adopt the Ordinance. The
Council should have the right to fly flags they feel should be represented
in front of City Hall. Other such flags have been flown before including
the POW/MIA flag. If that flag is not flown on a permanent basis, perhaps
it can be flown for one month of the year.
Councilman Ehrle. He has reconsidered the matter. There are many other
worthwhile organizations such as the Red Cross and United Way, where the
Council has shown their support by flying their flags for certain
periods. He is going to change his vote since there are causes which the
Council should consider on a case-by-case basis. There should also be
nome time limit set for flying such flags, perhaps for a week over a
twelve month period.
Councilmmn Hunter. He agrees with Councilmembers Pickier and Ehrie.
During POW/MIA week in September, the flag could be flown at that time.
He suggests that they limit such requests to one week. The proposed
Ordinance could stand relative to only flying the three flags (United
States, State and City flags) but looking at requests from groups on a
case-by-case basis and limiting those to one week.
357
City Hall, Anaheim, California - COUNCIL IKNUTES -April 5, 1988, 6:30 P.M.
Councilman Bay. The Ordinance does not have to be changed at all. It is
obvious that there are not three votes to adopt it; therefore, it is not
being offered for second reading. He is withdrawing it at this time. The
main point in offering the Ordinance originally has been missed. The
arguments had nothing to do with causes but of not being able to refuse in
the future something the Council might want to refuse.
City Attorney White. Yhe only reason the Ordinance was prepared was to
give the Council the option to close the public forum that may currently
exist t~mt the City does on occasion fly other flags than the three
governmental flags. The legal possibility exists by not adopting an
Ordinance prohibiting any other type of flag and having a policy of
allowing other flags to be flown, that the City may be faced with a
situation in the future where they cannot prohibit an organization from
flying its flag on one of the City flagpoles. If that is something the
Council will not nave difficulty with, there is no need to have an
Ordinance. In his opinion it would not serve a legal purpose to modify it
to say that an organization can nave their flag flown for a week or a
month. If they choose to have the forum remain open, there is no need to
have an Ordinance on the subject at all.
Mayor Bay. He asked for clarification ti~at it is the Council's intent not
to offer the Ordinance for adoption and thus the situation remains status
quo; Councilman Pickier stated that was his intent.
Mayor Bay asked the Council if they wished to take up the request of the
POW/MIA at next week's Council Meeting. By general Council consensus, it
was determined that the request to fly the POW/I¢IA flag would be
considered at the Council meeting of April 12, i988.
AJ0. 105: APPOINTMENT TO THE ECONOMIC DEVELOPMENT BOARD: Appointment to the
~conomic Development Board to ~ill an unscheduled vacancy due to the
resignation of Allan B. Hughes. (The vacancy was posted Marcn 10, 19~.)
Mayor Bay nominated Dennis Hardin.
MOTION; Councilman Bay moved to close nominations.
seconded the motion. MOTION CARRIED.
Councilman Pickler
Mayor Bay called for a unanimous vote on the appointment of Dennis Hardin to
the Economic Development Board.
Roll Call Vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay.
None
None
Bi. ITEMS OF PUBLIC INTEREST:
Ann Houg, 215 South Melrose, Anaheim. She offered an alternative solution
to the POW/MIA flag issue. Governor Deukmejian decrees September 18th as
POW/MIA Flag Day. Rather than proi~ibiting all flag requests, she asked
358
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City Hall, An, heim, California - dOUNCILMINUTES - April 5, 198~, 0:30 P.M.
that the City recognize the month of September as POW/MIA month and fly
the flag as a public showing that the people of Anaheim care.
Errol Bond, 3410 Egerer Place, Fullerton. His son has been missing in
action since September 30, i97i. He has participated in the POW/MIA flag
raising in 17 cities in the San Gabriel Valley. None have objected to
flying the flag for a month. Ti~ State of Massachusetts nas mandated
flying of the POW/MIA flag throughout that State. He would appreciate the
Council's consideration of flying the flag for at least one month.
Howard Garber, 533 Peralta Hills Drive. He is Legislative Ci~airman of the
Taxpayers for a Centralized Jail. He pointed out for clarification
purposes those who signed the initial initiative petitions to place the
jail issue on the ballot will have to sign a new petition since not enough
signatures were gathered before the deadline for placement on the June
ballot. He also announced a meeting to be held on April i4, 195~ at 7:00
p.m. at Crescent Intermediate School, 5001 Gerda Drive, Anaheim (Santa Ana
Canyon Road and Royal Oak) where citizens will be encouraged to give input
prior to the preparation of an EIR regarding the placement of the jail at
th~ proposed Gypsum Coal Canyon Site. He also submitted letter dated
March 1, 1988 which he had sent to State Senator John Seymour regarding
the alternative of regional jails and general prison/jail reforms (made a
part of the record) along with a copy of Senate Bill 2231 proposed by
Senator Seymour.
CITY PLANNING COmmISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held March 14, 1988, pertaining to the
following applications were submitted for City Council information.
RECLASSIFICATION NO. 87-8~-36~ VARIANCE NO. 3743~ AND NEGATIVE DECLARATION:
OWNERS: DENNIS W. STANDROD ET. AL., GRACE M. BUSH, & VIRGINIA BUSH, 1537
W. Tedmar, Anaheim, CA 92807
AGF~NT: JEROME R. DR~KIN, 1425 E. Lincoln Avenue, Suite Q, Anaheim, CA
92d03
LOCATION: 1811 and 1817 Cypress Street
RS-7200 to RM-2400 or a less intense zone.
Waivers of (a) minimum building site area per dwelling unit, (b) minimum
building site width, and (c) maximum site coverage to construct a 10-unit
apartment complex.
RECLASSIFICATION WITHDRA~q by the Applicant.
VA/iIANCE WITHDRAWN by the Applicant.
RECLASSIFICATION NO. 87-~8-41 AND NEGATIVE DECLARATION:
INITIATED BY THE ANAHEIM CITY PLANNING COMMISSION, P.O. Box 3222, Anaheim,
CA 92~03
LOCATION: 2045 WEST BA'I3. ROAD
RM-1200 to RM-2400 or a less intense zone.
RECLASSIFICATION NO. 87-88-41, granted by the Planning Commission, PC~-72.
Approved Negative Declaration.
359
City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1968, 6:30 P.M.
P~ECLASSIFICATION NO. 87-88-42, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
~F~.IiT NO. Z~ A~D NEGATIVE DECI~TiON:
OWNERS: C. DEAN CLARK AND JOYCE CLARK, 1611 South Euclid Street, Anaheim,
CA 92804
LOCATION: 1601 Sout~ Euclid Street
To permit the commercial office use of a residential structure with
waivers of (a) minimum dimensions of vehicular accessways, (b) permitted
location of par~ing spaces and (c) required screening of parking area.
RECLASSIFICATION NO. ~7-88-42, granted by the Planning Commission, P66~-73.
WAIVER OF CODE REQUIREMENT GRANTED by the Planning Commission.
CUP NO. 2989 GRANTED by the Planning Commission, PC88-74
Approved Negative Declaration.
4. CONDITIONAL USE PERMIT NO. 2988 AND NEGATIVE DECLARATION:
OWNERS: R].I.&S PROPERTIES, INC., 5995 E. La Palma Avenue, Anaheim, CA
92807
AG~T: D & 0 Services (Mark Oden), 1345 Dynamics Street, Anaheim, CA
92806
LOCATION: 5395 E. La Palma Avenue (Caliber Motors)
To expand an existing auto sales/service facility to include a
carwash/preparation area, storage garage and employee parking lot.
CdP NO. 2988, granted by the Planning Commission, PC~8-75
Approved Negative Declaration.
5. CONDITIONAL USE PER2,tlT NO. 2990 AND NEGATIVE DECLARATION:
OWNERS: ROGER MAURICE EMARD AND HELEN KATHLEEN EMARD, 1048 West Lincoln,
Anaheim, CA
AG~T: BOB WILLIAMS, 359 Deerfield, Irvine, CA 92714
lOCATION: 1648 West Lincoln Avenue
To permit the expansion of an automotive repair complex.
CUP NO. 2990, Granted by the Planning Commission, PC88-7~.
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 2991 AND NEGATIVE DECLARATION:
OWNERS: MOCK PROPERTIES INC., li60 Fee Ana Street, Anaheim, CA 92807
ACENT: FRANK LITTLE, 4304 East La Palma Avenue, Anaheim, CA
LOCATION: 4304 East La Palma Avenue
To permit a retail floor covering sales business.
~2607
CUP NO. 2991, Granted for 1 year, by the Planning Commission, PCo8-77.
Approved Negative Declaration.
G~PLRAL PLAN AMENDMENT NO. 235 (READVERTISED), RECLASSIFICATION NO.
87-d8-32 (READVERTISED), VARIANCE NO. 373~ (READVERTISED) AND CEQA
NEGATIVE DECLARATION (READVERTISEO):
OWNERS: SANTOA BECERRA & ROSA BECERRA, 1014 East North Street, Anaheim,
CA 92805
DONALD K. SMALLEY & JERI M. SMALLEY, 1020 E. North Street, Anaheim, CA
92801
360
243
City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
JAMES R. NEEDHAM & SHIRLEY A. NEEDHAM, 128 E North Street,Ana~leim, CA
AGENT: MAGDY HANNA, 4000 MacArthur Blvd., #680, Newport Beach, CA 92000
LOCATION: 1014, 1020 and 1028 East North Street
~o construct a 19-unit, i-story "affordable" apartment complex under
authority of Government Code Section 65915 with waivers of (a) minimum
kuilding site area per dwelling unit, (b) maximum site coverage and (c)
maximum fence ~eigl~t.
GPA NO. 235, denied by the Planning Commission, PC88-78.
RECLASSIFICATION NO. 87-88-32 DENIED by the Planning Commission, PC88-79.
VARIANCE NO. 373~ DENIED by the Planning Commission, PC88-~0.
Approved Negative Declaration.
No Action was taken by the City Council on the above Planning Commission items
(Nos. i-7 of these minutes).
8. RECLASSIFICATION NO. 87-88-40, VAILIANCE NO. 3756, AND NEGATIVE DECLARATION:
OWNERS: ALBERT COHEN, 3301 Barrydell, Los Angeles, CA 90004
AGENT: HUGO A. VASQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92805
LOCATION: 719 and 723 W. La Palma Avenue
To construct a i2-unit, 3-story "affordable" apartment building under
authority of Government Code Section 65915 with waivers of (a) required
coverage of parZing spaces, (b) minimum building site area per dwelling
unit, (c) maximum structural height, (d) maximum site coverage and (e)
required side yard setbacK.
RECLASSIFICATION NO. 87-88-~0, granted by the Planning Commission, fC~o-O~.
VARIANCE NO. 3756 GF, ANTED by the Planning Commission, PC~8-70.
APPROVED Negative Declaration.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing will be scheduled at a later date.
9. VARIANCE NO. 3751 (READVERTISED) AND NEGATIVE DECLARATION (READVERTiSED):
OWNER: VICTOR M. VAZQUEZ JR., 2240 W. Lincoln Avenue, Anaheim, CA 92801
AGENT: HUGO A. VASQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA
LOCATION: 1310 West Center Street
Waivers of (a) minimum building site area per dwelling unit, (b) maximum
~truetural h~ignt, (e) maximum site coverage, (d) required recreation and
leisure area and (e) minimum structural setbacZ to construct a O-unit
apartment building.
VAILIANCE NO. 3751, granted by the Planning Commission, PC88-71.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public nearing will be scheduled at a later date.
10. PLANNING COMMISSION REPORTS AND RECOMMENDATIONS:
A. EQUESTRIAN/HIKiNG TRAIL STATUS REPOKT - Report from Parks and
Recreation for information only.
361
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
B. ORANGE COUNTY EMA - Request to determine conformance with the General
Plan - Katella Avenue Bridge was approved by the Pianni~ Commission,
PC88-~1.
C. ORDINANCE NO. 4919: (INTRODUCTION) Amending Title 18 Zoning of the
Anaheim Municipal Code pertaining to limitation of tandem parking.
Councilman Pickier offered Ordinance No. 4919 for introduction.
ORDINANCE NO. 4919: AN ORDINANCE OF THE CITY COdNCIL OF THE CITY OF
~AHEIMA~[ENDING TITLE 18 ZONING OF THE ANAHEIM MUNICIPAL CODE PER'rAINING
TO LIMITATION OF PARKING.
D. Draft Orange County Hazardous Waste Management Plan - submitted to
Planning Commission for informational purposes only.
E. PROPOSED ORDINANCE PERTAINING TO GARAGE SETBACKS AND TANDEM PARKING
RESIDENTIAL ZONES:
Recommendation forwarded from the Planning Commission that the City
Council request an ordinance be prepared.
Annika Santalanti, Zoning Administrator, clarified for Mayor Bay that the
foregoing item (Ordinance 49i9, item C above) is intended to reduce the
amount of tandem parking permissible to 25% of the total number of parming
spaces on a project, whereas subject item (E) actually clarifies the Code
t~at allows tandem parking. If tlmre is tandem parking it cannot be in
front of someone else's garage but has to belong to the garage t~at is in
front of the tandem parking.
Mayor Bay. This item is a "housekeeping" measure; however, Ordinance 4919
as proposed and offered for introduction will actually reduce the amount
of tandem parking thereby making the parking requirements for residential
more stringent than they are now.
MOTION: Councilman Hunter moved to direct the City Attorney to prepare an
Ordinance amending certain sections of Title 18 pertaining to garage setbacks
and tandem parking in residential zones. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
11. 155: SYCAMORE CANYON SPECIFIC PLAN ZONING AND DEVELOPMENT STANDARD
CLARIFICATION: Request from James Highland for Planning Commission
clarification of Code Section Nos. 18.71.060.030(f), 18.71.060.040(h) and
18.71.060.0~0(f) pertaining to Coverage and Open Space Requirements. (See
letter dated March 10, 1988 from Mr. Highland.)
MOTION: Councilman Bay moved to approve and confirm the interpretation
presented by the City Planning Commission under Planning Commission
Resolution 8~-82 in answer to the subject request. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
End of Planning Commission Informational Items.
36Z
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
ZONING ADMINISTRATOR ITEMS: Yne following actions taken by the City Zoning
Administrator at the meeting of March 2~, 1958, pertaining to the following
applications were submitted for City Council information.
AOMINISTRATIVEADJUSTMENT NO. 86-03:
OWNER: Ted Lloyd, Prado 'Woods Corporation, liS~ N. Tustin Avenue, Orange,
CA 92667
LOCATION: In a tract consistin~ of 24 acres at the northeast corner of
Avenida de Santiago and Hidden Canyon Road. '
Request is to construct 7 single-family residences with waiver of maximum
structural height (25 feet permitted; 26.3, 26.5, 27 and 27.5 feet
proposed).
GRANTED by the Zoning Administrator, ZA88-13.
No action was taken by Council on the above Zoning Administrator item.
WAIVER OF READING - ORDINANCE NO. 4918: The title of the following ordinance
was read by the City Clerk. (Ordinance No. 49i8)
Councilman Pickier moved to waive the reading in full of the ordinance.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilman Pic~ler offered Ordinance No. 4915 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4918: 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. 86-67-08
located at 186 through 118 N. Coffman Street).
Roll Call Vote:
AYES: COUNCIL MEMBERS: Enrle, Hunter and Pickler
NOES: COUNCIL MEMBERS: Kaywood
ABSTAIaqED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL M~S: None
The Mayor declared Ordinance No. 4918 duly passed and adopted.
RECESS: By general consent the Council recessed for ten minutes. (7:45 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (8:05 p.m.)
134/179: CONTINUED REHEARING - GENERAL PLAN AMENDMENT NO. 237,
RECL&SSIFICATION NO. 87-88-24, VARIANCE NO. 3746 ~D NEGATIVE DECLARATION:
APPLICANT:
Angelo Brutocao et. al.
2240 W. Lincoln Avenue
Anaheim, CA 9Z801
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City Hall, Anaheim, California - COUNCIL MINUTES -April 5~ 1~88, 6:30 P.M.
AGENT: Hugo A. Vazquez
2240 W. Lincoln Avenue
Anaheim, CA 92801
REQUEST/ZONinG/LOCATION: T~e original requests were as follows: To consider
an amendment to the General Plan to redesignate subject property from General
Commercial land uses to Medium Density Residential land uses. CL to RM-i200
or a less intense zone. Waivers of (a) maximum fence t~eight, (b) minimum
building site area per dwelling unit, (c) maximum structural height and (d)
minimum distance between buildings to construct a 220-unit, 58-foot high, 4 to
b-story "affordable" apartment complex.
PLANNING CO~-4ISSION ACTION: The City Planning Commission approved GPA No. 237
Exhibit A; Resolution No. PC88-24 - approved Reclassification No. ~7-88-2~,
Resolution No. PC8~-2o - Conditional Ose Permit No. 2970 was withdrawn by the
applicant; and the City Planning Commission granted Variance No. 374~,
PC88-26; approved EIR Negative Declaration.
PUBLIC NOTICE REQUIREMFJqTS MET BY:
Publication in Ana~mim Bui±etin FeDruary 5, 1988.
Mailing to property owners within 300 feet - February 25, 1988.
P~2~NING STAFF INPUT:
See Staff Report to the Planning Commission dated February 1, 19~8.
The City Council considered the above referenced application at a public
hearing held February 9, 1988 and denied the General Plan Amendment, the
Reclassification and Variance. Subsequently on February 16, 1988, the
applicant applied for and was granted a rehearing to review a revised plan for
the subject project. The public hearing was readvertised for the meeting of
March 8, 1988. At the meeting, the applicant requested a continuance to the
meeting of April 5, 1988 concurred in by representatives of the neighborhood.
APPLICANT'S
STATEMF~T:
Hugo Vazquez, 649 South Live Oa~ Drive. There have been a
minimum of four meetings with the neighborhood. They have
worked as a unit to come up with the revised plan before the
Council tonight. He deferred to the architect on the project.
Mr. Phil Terhorst, McCiaren and Vasquez, Partners, inc. He
narrated a slide presentation wherein he explained the site plan
remains basically unchanged showing the two buildings and
showing the vast majority of t,e units looking north and south
and not toward the single family homes. The units closest to
the single family homes on the west are ali town ~ouses with no
second floor balconies. The height of those are now reduced
from 35 feet to 28 feet with patios at grade.
Along Muller Street the original 58 foot height of .those
buildings bas been reduced to 38 feet - the five stories plus a
two-level garage reduced to three stories witi~ a fully suomerged
basement garage.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
Along Lincoln Avenue they have maintained the three story height
at 38 feet except at the western edge where the height is
reduced to 28 feet. One slide showed the relationship of the
town homes to the single family homes varying from 60 to 75 feet
away from the property line to the town homes with a maximum
height of 28 feet and no second story balconies. Anot~mr of the
slides showed the comparison in size of the buildings previously
proposed and the height of the buildings under the present
revised plan. Although the project size, both with regard to
height and number of units has been reduced (formerly ~ feet
now 38 feet and previously 220 units now ld4 units), they have
not decreased the architecture or quality of the project. It is
a quality project and they are asking Council approval of the
revised plan.
Hugo Vazquez. The remaining item to be addressed and of great
concern to the neigh0orhood is egress from tneir residential
area onto Lincoln to go east. The Traffic Engineer, Paul
Singer, was invited to one of their meetings in order to resolve
this problem, one which has been in existence before and
re§ardless of the project whether built today or 20 years from
now. There are only two exits from the residential area to the
west - off Aladdin Avenue and one that the neighbors have been
using througn the Anaheim Bowl parking lot out on to Mutier to
take advantage of the traffic signal at Muller and Lincoln. He
is proposing and is stipulating to paying for a traffic signal
at Aladdin and Lincoln, although Mr. Singer does not favor a
signal at that location.
Annika Santalahti, Zoning Administrator. She explained for
Councilwoman Kaywood that revision no. 3 is the revision before
the Council today which is posted on the Chamber wall. The
second waiver of density per unit was eliminated by the revised
plan. There are now 184 units in the project down from 220.
They nave modified some of the other waivers but the other three
waivers are still necessary. There is no staff report on the
latest revision. The density is 35.8 units per acre with 3~
units per acre permitted. The square footage is 1203 square
feet per unit instead of lZ00 which is the minimum. Building
coverage either decreased or has remained the same. Yhe
developer has not indicated their intention relative to
affordable units that were proposed originally.
Mayor Bay. With square footage of lZ03, there is no need for a
density bonus whatsoever.
AD~i~a Santalanti. The Council can still require affordable
units. Staff assumed the developer was willing to go forward
with these.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 198~, 6:30 P.M.
PUBLIC DISCUSSION:
IN FAVOR:
James Halbrook, 106 North Dahlia. A tentative agreement
been reached between the neighborhood and the developer wherein
the neighbors will lend support to the project provided some
items are met - the 38 foot maximum height, i84 maximum units,
and accesibility to eastbound Lincoln through some kind of
control. Mr. Singer met with the neighborhood but the residents
did not fee± he had their interests in mind. He (Singer)
proposed two alternatives - to put a gate and a tunnel
underneath the proposed project which would take away from the
buildable area, hurt the aesthetics of the project, open the
possibility of lawsuits in case of injury or damage, exiting out
on to Muller which already would be crowded with people exiting
the project. The other alternative was to do nothing.
A light can be put at the offset of Aladdin and Empire. The
traffic study indicated there were not enough turns to warrant a
light. He contends there are lights in the area now that do not
have enough turns to warrant them either but they are there to
accommodate industrial workers or sports teams. The
neighborhood has gone to great lengths with the developer and
has come to a compromise that will make everyone happy at no
cost to the City. He reiterated and emphasized that they need a
left turn light in order for the neighborhood to be able to exit
and get to eastbound Lincoln safely. He is speaking for the
residents of the area.
Glenda Flora, 106 North Bernice. ~heir main concern nas been
relative to their accessibility to eastbound Lincoln. Today at
noon there was an accident at t~. subject location. ~t is
extremely difficult to get out of the residential area safely.
They feel that at least a traffic signal that would be triggered
when a car approaches would be appropriate for that site.
Betty McFarlane, 231 North Carol Drive. They have contacted
over 300 people not only from the residential area to the west
of the proposed project, but also across on Empire, Hiawatha anG
quite a few 0thor streets. She thanked all the people in the
community who worked so hard not only to gather the signatures
but also those who worked diligently with Mr. Vazquez and Mr.
Vazquez himself to come up with what is being presented this
evening. The traffic light is a very important issue and she
urged the Council to give it very careful consideration. She
thereupon submitted the petitions (made a part of the record)
containing approximately 339 signatures requesting a traffic
light at Aladdin Drive and Lincoln Avenue.
PUBLIC DISCUSSION:
IN OPPOSITION:
None
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City Hall, Anaheim, California - COUNCIL I~INUTES - April 5, 1988, 6:30 P.M.
Mayor Bay closed the public hearing.
COUNCIL DISCUSSION:
Councilwoman Kaywood. She referred to two letters received in
opposition, one of which indicated that the recreation room
being proposed in the project was going to be changed into a
restaurant.
Hugo Vazquez. He confirmed that it was not his intention to
convert the recreation room into a restaurant.
Councilman Pickler asked to hear from the Traffic Elgineer
regarding the traffic light being requested.
Paul Singer, Traffic Engineer. His primary recommendation was
to provide access to the neighborhood in the same manner it is
being provided today, through the subject property. The
residents can now make safe left and right hand turns from
Muller. An additional traffic signal at Aladdin and Lincoln
would cause several problems - it is not warranted and the City
is presently in the process of spending a great deal of money
and effort to provide an interconnected traffic signal system
throughout the City. Unwarranted traffic signals along an
artery such as Lincoln are causing a disservice for the
traveling public, those people for whom he is speaking. The
neighborhood can be provided with the same safe access they nave
today through the property which access is being proposed to be
closed by the development of the complex, dis recommendation to
them was to provide the access by some means, most preferably on
the surface. An easement could be provided through the property.
Mayor Bay. If the property owner decided that it was more
economically feasible for him to build or landscape or to do
what he wishes with his property rather than giving an easement
or access, ne should be able to do so. Because there is an
ingress and egress problem for the residents to the west
developed by past planning of the City, if the owners choice is
to pay for a new traffic light vs. developing the property the
way he wants to, it is his choice to do so. if t~mre was direct
access in line with Diane Way coming out nea~ the south end of
Muller, should there be any back up at the light, those cars
would have to go into the development to the north in order to
be able to get into the end of the line on the stackup on that
light. He feels there is every reason in the world to put a
triggered traffic light at Aladdin and Lincoin to solve the
whole ingress and egress problem which maybe should have been
done years ago.
Paul Singer. It is economically probably more feasible for Mr.
Vazquez to spend $100,000 on the traffic signal at Aladdin and
Lincoln than to provide access through the property. However,
it is not necessarily in the best interests of the driving
367
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City Hall, AnAheim, California - COUNCIL MINUTES - April 5, 19~8, ~:30 P.M.
public who would be spending approximately $55,000 a year having
to stop at tizat signal at the rate of 7~ a stop.
Discussion then followed between Council Members, staff and the
developer relative to the access issue. Councilman Pickler feat
that the developer should somehow provide access through his
property to accommodate the residents to the west for a safe
access which will eliminate the need for a traffic light; Mr.
Vazquez emplmsized that the neighborhood was totally behind
wanting a traffic light at Aladdin and Liacoln and on behalf of
the neighDornood he is standin~ by them in that request. He was
also just informed by the residents that they are opposed to
having to drive through the project for that access.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, 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 nave a significant
effect on the environment . MOWION CARRIEO.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Reso~dtion Nos. 88R-141, 88R-14Z and
Councilman Bay moved to waive the reading in full of the resolutions.
Councilman Pickier seconded the motion. MOY±ON CARRIEO.
Councilman Bay offered Resolution No. ~8K-141 for adoption, approving General
Plan Amendment No. 237, Exhibit "A" (KM-i200 zoning). Refer to Resolution
Boo~.
RESOLOTION NO. 8SR-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING G~ERAL ~LAN AM~D~Y NO. 237, EXHIBIT "A".
Roll Call Vote:
AYES:
NOES:
ABS~qT:
COUNCIL ME~ERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Picgler and Bay
None
None
The Mayor declared Resolution No. 88R-i41 duly passed and adopted.
Councilman Bay offered Resolution No. 88R-142 for adoption, approving
Reclassification No. 87-88-24. Refer to Resolution Book.
RESOLUTION NO. 88R-142: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF
~AHEIM APPROVING RECLASSIFICATION NO. 87-88-24.
Roll Call Vote:
368
City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MPiMBF~S:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. ddR-142 duly passed and adopted.
Councilman Bay offered Resolution No. 88R-143 for adoption, granting Variance
No. 3740 accordin~ to Revised Plans, labeled Revision No. 3, for a 3~ foot
high structure and i8~ units along with a stipulation by the developer that a
triggered traffic signal will be installed at the corner of Aladdin and
Lincoln to give ingress and egress to the single family neighborhood to the
west of the proposed project and that conditions be modified in accordance
with the revised plans.
Before a vote was taken, Traffic Engineer Singer requested that the light not
be triggered but that it be a standard traffic signal so that it can be
integrated wit~ the City's traffic control system.
Councilwoman Kaywood. She expressed concern relative to the installation of
the traffic signal. The number one problem in Orange County is traffic.
Traffic signals only a few hundred feet apart will have a detrimental effect
on traffic flow.
A vote was then taken on the foregoing Resolution granting Variance No. 37~
but amended to stipulate that the traffic signal to be installed at Aladdin
and Lincoln not be a triggered traffic signal but that it be a standard
traffic signal.
RESOLUTION NO. 88R-i43: A R~SOLUTION OF THE CiTY COUNCIL OF TH~ Ci'~Y OF
ANAti~AM GF~I'ANG VA_R~CE NO. 374~.
Roll Call Vote:
AYES:
NOES:
ABS~IT:
COONCiLMF2dBF~S:
COUNCIL M~4{BERS:
COUNCIL MF~{BEKS:
Ehrie, Hunter and Bay
Kaywood and Pickier
None
The Mayor declared Resolution No. ~R-i*J duly passed and adopte~.
179: PUBLIC HEARING - AMEND CONDITIONS OF APPROVAL OF RECLASSiFICATiON NO.
86-87-19 (OAK HILLSRANCH):
The request from the Baldwin Company, l~8il Hale Avenue, Irvine, Ca. 9Z7i4 is
to amend the conditions of approval for Reclassification No. ~-87-19, as
detailed in Resolution No. 87R-272. Reclassification No. 86-87-19 is for a
change in zone from OS(SC) to PC(SC), consisting of RS-HS-10,000(SC),
RS-5,0~0(SC), RM-3000(SC),CL(SC), and OS(SC) zones, to provide for the
development of up to 2,i47 residential units, J0 acres of commercial use, 1o9
acres of open space, a i2 acre par~ site and a 10 acre elementary scaool, on
~91 acres located southeast of the Weir Canyon Road and Riverside Freeway
intersection, and bounded on the north by Sycamore Canyon (formerly Wallace
Ranch), west by the HigHlands at Anaheim Hills property, and south and east by
the Irvine Company property (OAK HILLS/TH~ SUM}lIT).
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
Environmental Impact Report No. 281 was previously certified by the City
Council on June 30, 1987~ the Planning Department recommended that the
conditions of approval set forth in Resolution No. 87K-272 be amended as
reflected in attachment "C" (pages i through 24) of report dated March 28,
19S8 from the Planning Department.
PUBLIC NOflUE REQUiR~MENYS MET BY:
Publication in Anaheim Bulletin March 24,
Mailing to property owners within 300 feet - March 25,
Posting of property March 29,
APPLICANT'S
SYAY~Mf~T:
Diana M. Hoard, Vice President, The Baldwin Company, 11~11
hale, Irvine, owners of The Summit. In March they filed a
request to amend some of their conditions with two major
objectives in mind - first to enable them to l~ave a financial
parcel map which is critical to the development of a project
with the magnitude of The Summit. It is a requirement which was
not envisioned when the project first went through.
The other is to reorder some of the conditions so t~at they can
fall in a sequence which is more normal in the development cycle
and more coordinated with the adjacent ranches so that they do
not find themselves trying to achieve one thing before the other
ranches and so there will be an equitable situation.
She concurs with the changes staff has recommended in t~eir
report having worked with staff over the past month on
acceptable wording. She also received the final wordi~ of the
water conditions which were just submitted (see conditions of
approval - modifying conditions 9 and lZ and withdrawing
conditions 10, 11 and 13). As an item of clarification, in
condition ~6 a point was added that stated access would not be
used for general traffic circulation. She wanted to know if
that would still allow construction traffic, which is not
considere~ general traffic.
PUBLIC DISCUSSiON:
Kevin Kirk, Kaufman and Broad of Southern California. He
represents the developer of the Bauer Ranch Community which is
being affected by one of tl~e amendments requested. One of the
issues which the Council dealt with on approval of all the
ranc~s was the fair timing of reimbursements to the Kaufman and
Broad (K and B) project, and the extensive amount of monies tmat
were advanced by their development to insure that future
development would have the facilities in place to accommodate
their needs. He wanted to ~ow what were the reasons for the
recommendation on the amendment to delay the payment of
r~im~ursements consistent with previous approvals, and also if
there were any other definitive guarantees of entitlement 'being
proposed for the project that would enable them to get their
financing without the change or amendment in conditions.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
Joel Fick, Planning Director. The amendment in the condition
referred to would be consistent with the timing established on
the other two ranches and also, to their understanding, with
what K and B is in agreement with the ranches in terms of timing
of payment for the reimbursement. Staff will be taking the
reimbursement programs back to the City Council when completed,
but their understanding in discussions with representatives from
the Bauer Ranch, Kaufman and Broad and other ranch owners, this
is the timing that is reflective of the mutual agreement between
the ranches. The timing of the condition puts it on par witi~
the timing of the condition on the otter ranches.
What Mr. Kirk is referring to are the development agreements
that are proceeding bota on the Higlzlands and Sycamore Canyon
which will be coming before the Council next week. The Baldwin
Company just last week filed their development agreement which
will also address the issue Mr. Kirk is raisin6. The timing of
the submittal did not coincide with the other ranches, it is
just now starting the process and that is perhaps the
clarification that is needed.
Kevin Kirk. He is concerned that certain commitments made
between the City and K and B are being somewhat renegotiated in
this process. Their money is gone. ~e is as~i~ that they not
be allowed to finance future development in the City when they
were not allowed to do t~mt at the time they got their approvals.
There being no furtimr persons who wished to speak Mayor Bay closed the public
hearing.
COUNCIL DISCUSSION:
Councilwoman Kaywood then posed questions to the Planning
Director for purposes of clarification relative to fire access
wherein ne confirmed that the access being provided meets with
the approval of the Fire Department and the Traffic Engineer.
He also confirmed that the reimbursement to K and B, only takes
place when development occurs on the other ranches and there has
been no delay with regard to terms of payment on reimbursements
because no development has yet occurred on the ranches.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-144)
Councilman Pickier moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. ~8R-144 for adoption, amending
conditions of approval in accordance with staff recommendation, as reflected
in attachment "C" (pages 1-24) of report dated March 28, 19~8, in
Reclassification proceedings 6~-87-19 as set forth in Resolution No. 87R-27Z.
Refer to Resolution Book.
371
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City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1988, 6:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay.
None
None
The Mayor declared Resolution No. 88R-±44 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2855 AND NEGATIVE
DECLARATION (PREVIOUSLY APPROVED):
APPLICANT: Owners:
Richard G. Saylor & Barbara L. Saylor,
804 West Broadway,
Anaheim, CA 9280~
REqUEST/ZONING/LOCATiON: Petitioner requests deletion of condition pertaining
to improvements of right-of-way in conjunction with a bed and breakfast inn
with waiver of maximum area of freestanding sign, located at 80~ West Broadway.
PLANNLNG COMMISSION ACTION: At their regular meeting of February 17, 1~86,
the City Planning Commission by motion recommended that the City Council
review the above request.
PUBLIC NOTICE REqUiREMENTS BY:
Publication in the Anaheim Bulletin March 2,, 1988.
Mailing to property owners - Marcn 24, l~d.
Posting of Property March 24, ±988
PLANNING STAFF LNPUT:
See Staff Report to tile Planning Commission dated February 17, 19~6.
PETITIONER-
APPLIC~qT:
Ric~mrd Saylor, 8u4 West Broadway, Anaheim, was present to
answer questions.
Mayor Bay. He surmised the following: that the Saylors were
caught in the middle of Ordinance changes and there was no way
to make an exception in their case. Subsequentiy, the Ordinance
was changed thus allowing for appeals and tn4 Saylors are now
asking the Council to consider their request in the way that the
Ordinance has been changed.
Mr. Saylor confirmed that the situation was as Mayor Bay stated
and he had nothing to add at this time.
PUBLIC
DISCUSSION:
Sally White, 809 West Broadway. She is present to represent her
entire neighborhood on both sides of the street. They chose
Broadway to live on 35 years ago over many other streets. They
loved it then and now. THey do not want to see Broadway
changed. When Lincoln Avenue is again opened to through
traffic, they are hoping Broadway will return to normal. Since
372
City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1986, 6:30 P.M.
the Saylors have agreed to the required dedication, it is unfair
to expect ttmm to pay for the street and curb improvements.
They also hope that improvements will not be done piecemeal as
they do not want to see Broadway chopped up.
There being no further persons who wished to speak Mayor Bay closed the public
hearing.
COONCIL DISCUSSION:
Councilwoman Kaywood asked to near from the Traffic Engineer.
Paul Singer, Traffic Engineer. The widening of Broadway in
front of the Bed and Breakfast was part of tne Planning
Commission Resolution and likewise was included by the City
Council. Staff has recently polled the entire neighborhood on
Broadway asking if they would permit the taking of parking along
the street. There was overwhelming opposition and as a result
in order to move traffic on Broadway, staff would like to be
able to continue installing the continuous left turn lanes.
They have not been able to do so in front of Pacesetter Homes
although the street has been widened and a new signal installed
at Citron. They do need the little "notch" in front of the Bed
and Breakfast in order to make the transition to provide
separated left turns at Citron for both directions and then by
transition into a continuous left turn lane on Broadway.
Without that "notch" they cannot make the transition until after
crossing Citron Street. Every evening there is a substantial
delay at that signal because of left turn traffic thereby tying
up through traffic on Broadway.
Mayor Bay. He asked if it is the intent to widen Broadway and
if so, how soon. He assumes the widening is to retain the
parking and still have the travel lanes required in the
circulation plan.
Paul Singer. The intent is to widen and to retain the parking.
Art Daw, Deputy City Engineer. The widening of Broadway is in
the 1988-89 budget. The original proposal at the time the
budget was assembled was for the reconstructfon of the roadbed
itself. A furrier analysis indicated that the curd and gutter
are also in poor condition and should be replaced thus
necessitating severe trimming and pruning of roots of the
existing trees which according to the Parks Department puts them
in a bad condition being subject to possible toppling during
heavy winds.
Engineering is proposing in the near future to have a meeting
with all property owners along Broadway to get their input and
discuss the various alternatives that might be considered. One
alternative would be to essentially set the curbs back two feet
from where they are presently located. Broadway is a secondary
highway which normally calls for a ~4 foot roadway, curb to
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City Hall, Anaheim, California -COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
curb. Presently existing there is 60 feet. One of the
proposals would be to widen two feet on both sides.
Paul Singer. Widening to 64 feet permits one of two things -
four lanes and parking, or five lanes and no parking.
After further discussion relative to the widening of Broadway, City Attorney
White answering Mayor Bay, explained that Council previously amended the Code
to relieve developers from a requirement to dedicate and improve in certain
situations where minor projects, or only interior improvements were invoived.
In this case a condition was imposed on the discretionary permit in connection
with the Bed and Breakfast. If the condition is released in whole or in part,
then the Ordinance will not require either the dedication or the improvement.
The Council has the authority under law to impose any condition that ~as a
reasonable relationship to the public needs created by the project.
Mayor Bay. in this case, he wants to retain wl~at is needed in
the way of dedication but ne does not personally think they
ought to be imposing very costly improvements as stated in
Condition 3 in the subject project.
City Attorney White. He clarified the Code still requires the
dedication . If they deleted the condition entirely, at the
time the building permits are requested a dedication to the
ultimate right-of-way as shown on the General Plan would be
required but the improvements would not.
Councilman Hunter. The Council should delete the condition
which imposed upon tile Saylors tile posting of a bond for the
improvements, if the Ordinance had been in effect at the time
the Saylors opened their Bed and Breakfast, they would not nave
had to post a bond. It is a hardship on this small business
old-ne r ·
Councilwoman Kaywood. Approval of the Bed and Breakfast was
conditioned upon the conditions imposed at the time which
included that provision.
Barbara Saylor, 804 West Broadway then explained for
Councilwoman Kaywood what occurred when they applied for the
Conditional Use Permit and how, if they had understood that they
were responsible for the cost of installing the improvements,
they would not nave signed the necessary documents and would
have dropped the project.
Councilman Hunter moved that the CEQA finding, Negative Declaration, w~icn was
previously approved is adequate to cover the subject change. Councilman Bay
seconded the motion. MOTION CARRIED.
WAIVER OF R~ING - RESOLUTION: THe title of the following resolution was
read by the City Clerk. (Resolution No. 88R-145)
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City Hall, Anaheim, California - COUNCIL MINUTES - April o, 1988, 6:30 P.M.
Councilman Bay moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MO£%ON CAR/tIED.
Councilman Hunter offered Resolution No. 8~R-145 for adoption, granting
Conditional Use Permit i~o. 2853.
Refer to Resolution Book.
Before vote was taken, City Attorney White clarified that the Resolution wou±d
delete Condition No. 3 of pC~0-287 which would relieve the property owner of
the requirement to install the improvements but the property already dedicated
would still be required and that would stand.
A vote was then taken on tl~e foregoing Resolution with the clarification as
stated by the City Attorney.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MF/4BERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor deciared Resolution No. 88R-145 duly passed and adopted.
170: PUBLIC HEARING - WAIVER OF HILLSIDE GRADING ORDINANCE REQUIRING
FERTILITY SOIL SAMPLES, TRACT NOS. 10970, i0976 AND 10977:
P, EQUE STOR:
AP P F.T.T.A.NT:
Anaheim Hills Development Company
2 North Lake Avenue, Suite 800
Pasadena, California 91101
P. J. Cicla, Vice President/Development
Celtmark Properties
2425 Colorado Avenue, Suite 300
Santa Monica, California 90404
REQUEST: To consider the subject waiver in connection with Tract No. 10970,
located near Covered Wagon Trail and Silverspur Yrail in the Anaheim ~ills
area. Tract Nos. lOMTo and 10927 have not been approved by the City and are
not recorded as of this date. The waiver requested is the requirement for
fertility soil samples.
PLANNING CO~4ISSION ACTION: The City Planning Commission denied the subject
request for a waiver at its meeting of February 29, 198~.
STAFF INPUT: See staff report from the City Engineer dated February 22,
recommending that the Planning Commission and City Council deny the subject
request.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 24, 1988
Posting of property March 24, i988.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M.
Mayor Bay asked if the requestor or anyone else was present to speak to the
subject; there was no response.
After a brief discussion between Council and staff clarifying the reason wi~
the nmtter was before the Council, Mr. Frank Elfend, Elfend and ASsociates,
ilS1 Dove Street, Newport Beach stated this was a project tl~ey were wor~ing on
with the City of Anaheim but not in the same manner in which it is before the
Council today. There was a time back when the request was made he (Elfend)
was instructed to withdraw the request. There has been some confusion on the
item. He reiterated he is now withdrawing the request.
There being no further persons who wished to speak, Mayor Bay closed the
public hearing.
Councilwoman Kaywood moved to deny the requested waiver of the Hillside
Grading Ordinance requiring fertility soil samples on Tract Nos. 10970, 10970
and 10977 as recommended by the Planning Commission and by City staff.
Councilman Hunter seconded the motion, i~TION CARKIED.
170: PUBLIC HEARING - WAIVER OF THE REqUIREMEW£ OF THE HILLSIDE GRADING
ORDINanCE RELATING YO LOCATION Of LOT LINES AT THE TOP OF SLOPES WITHIN TRACT
8520 FOR LOTS 43 THROUGH 9 INCLUSIVE:
REQUESYOR:
SalKin Engineering Corporation
12i5 East Chapman Avenue
Orange, California, on behalf of
Prado Corporation
REQUEST: £o consider waiving the requirement of the Hillside Grading
Ordinance as it relates to the location of lot lines at the top of siopes
within Tract 8520 - lots 4 through 9 inclusive. Tract No. 85Z0 is located
adjacent to Midden Canyon Road and Avenida de Santiago in the Anaheim Hills
Area.
PLANNING CO~.ilSSION ACTION: At tt~ir meeting of February 17, i9~, the
Planning Commission recommended approval of the subject request.
STAFF INPOT: See Staff Report dated January 27, 198~ from the City Engineer
recommending approval of the subject request.
PUBLIC NOTICE REQUIKE~1TS MET BY:
Publication in the Anaheim Bulletin March Z4, 1988
Posting of property March 2,, 1988
Mayor Bay asked if anyone wished to speak.
APPLICANT'S
STATEMENT:
Ted Loyd, General Manager, Prado Woods Corporation, developer
for Tract 85Z~. They are requesting waiver of the normal Code
requirement. The Home Owners Association will be maintaining
the slopes. They need approval of the waiver before they can
receive their final building permits.
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City Hall, Anaheim, California - COUNCIL MINUTES - April b, 1988, 6:30 P.M.
PUBLIC DISCUSSION:
There was no one to speak in favor or in objection.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
MOTION: Councilwoman Kaywood moved to approve waiver of the Hil±side Grading
Ordinance relating to location of lot lines at the top of slopes within Tract
85Z0 for lots 4 through 9 inclusive as recommended by staff. Councilman
Hunter seconded the motion. MOTION CARP. lEO.
ADJOU~qMENT: Councilman Pickier moved to adjourn to Friday, April 6, i~6~ at
12:0'6 noon for Closed Session. Councilman seconded the motion. MOTION
CARKIEO. (10:lJ p.m.)
LEONORA N. SOHL, CITY CLERK
377