1988/08/23183
City Hall, Anaheim, California - COUNCIL MINUTES - August 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
CITY CLERK: Leonora N. Sohl
CITY ENGINEER: Gary E. 3ohnson
CITY TREASURER: Mary Turner
TREASURY MANAGER: William Sell
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:20 p.m. on August 19, 1988 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Bay called the meeting to order at 12:00 noon.
REQUEST FOR CLOSED SESSION: City Attorney 3ack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case No.
40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C.
No. 46-96-59.
b. To discuss labor relations matters - Government Code Section
54957.6.
c. To discuss personnel matters - Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to ~ueh ree~
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:58 p.m.)
INVOCATION; Pastor Lawrence Wilkes, Bethel Baptist Church, gave the
Invocation.
FLAG SALUTE; Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
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City Hall, Anaheim, California - COUNCIL MINUTES August 23, 1988. 1:30 P.M.
119; PROCLAMATION: The following proclamation was issued by Mayor Bay and
authorized by the City Council:
MADD and Volkswagen Drive for Life Day
in Anaheim, September 3, 1988.
MINUTES; Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,845,583.09, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTION AND ORDINANCES; The titles of the following
resolution and ordinances on the Consent Calendar were read by the City
Manager. (Resolution No. 88R-324 and Ordinance Nos. 4955 and 4956, for
adoption)
Councilman Bay moved to waive the reading in full of the resolution and
ordinances. Councilman Pickler seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilwoman
Kaywood, seconded by Councilman Ehrle, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution No. 88R-324 for adoption, and Ordinance Nos. 4955 and 4956
for adoption. Refer to Resolution/Ordinance Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
a. Claim submitted by National Railroad Passenger Corporation for
indemnity for damages sustained purportedly due to actions of the City on or
about June 18, 1988.
b. Claim submitted by Joseph Greiner for property damage sustained
purportedly due to actions of the City on or about July 10, 1988.
c. Claim submitted by Southern California Gas Company for indemnity for
damages sustained purportedly due to actions of the City on or about July 7,
1988.
d. Claim submitted by Pacific Bell (Claim #JF845-0059) for property
damage sustained purportedly due to actions of the City on or about
February 18, 1988.
e. Claim submitted by William Pry for property damage sustained
purportedly due to actions of the City on or about May 25, 1988.
f. Claim submitted by David A. Teichmiller for property damage sustained
purportedly due to actions of the City on or about April 22, 1988.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 23, 1988. 1:30 P.M.
g. Claim submitted by U. S. Slow Pitch Softball for indemnity for
damages sustained purportedly due to actions of the City on or about April 25,
1988.
h. Claim submitted by Joseph Munoz for property damage sustained
purportedly due to actions of the City on or about May 19, 1988.
i. Claim submitted by Norman Phillips for bodily injury sustained
purportedly due to actions of the City on or about January 29, 1988.
j. Claim submitted by Bill Scott 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:
k. Claim submitted by Darling Baby Shoe Company, Inc. for property
damage sustained purportedly due to actions of the City on or about
September 23, 1987.
A2. 105: Receiving and filing minutes of the Public Utilities Board meeting
held July 21, 1988.
A3. 158: Authorizing the payment of $66,680 to Dale Dufault for building
modifications to 306 North Anaheim Boulevard - North Anaheim Boulevard Street
Widening Project (R/W 3500-9).
A4. 151: Approving an encroachment license agreement with Tice Engineering
Services (for: C.P.E./Arcon Developers, Inc.) to encroach upon a storm drain
easement located across the property at the southwest corner of Anaheim Hills
Road and Nohl Ranch Road for the purpose of building crib walls, retaining
walls and stairwells.
Responding to questions by Councilwoman Kaywood, Public Works/Engineering
Director Gary Johnson reported that the license agreement had been prepared in
a manner to ensure that there would be no liability on the part of the City;
the access was acceptable, and it was not anticipated that the work would
materially affect the storm drain nor it's maintenance. Grading would be
contoured and in accordance with provisions o~ the CityWs grading ordinance.
AS. 123: Approving an amendment to the existing agreement with ~NTB, dated
May 3, 1988, to include Architectural services required for the design of an
air conditioning system for the Stadium Exhibit Facilities at a cost of
$48,000.
A6, 153; RESOLUTION NO, 88R-324; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED AUGUST 15, 1988,
BETWEEN THE ANAHEIM POLICE ASSOCIATION, AND THE CITY OF ANAHEIM. (To provide
a mandatory permanent modified duty program for industrially injured safety
employees in the Police unit)
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City Hall, Anaheim, California - COUNCIL MINUTES - AuKust 23. 1988. 1:30 P.M.
A7. 123: Approving an Affordable Development Agreement with Rotanda
Development Corporation, owners of 115, 117 and 117 1/2 North West Street, for
one affordable rental unit out of the 16 proposed, and authorizing the Mayor
and the City Clerk to execute said agreement on behalf of the City.
AS. 101.123: Ratifying the installation of 21 television monitors at Anaheim
Stadium and authorizing payment to Spencer Sports Media, Inc., in the amount
of $10,500 for the City's share of the cost.
A9. 123: Approving a second amendment to the agreement with Community
Service Programs, Inc., in an amount not to exceed $42,460 to continue
professional counseling services for the period of July 1, 1988 through
June 30, 1989.
AIO. 123: Approving the Attorney Services Agreement with the law firm of
Richards, Watson and Gershon at the rate of $150 per hour, to perform legal
services for the City, and authorizing the City Attorney to sign said
agreement on behalf of the City.
Ail. 101.123: Approving the fourth amendment to the representation agreement
with Spencer Sports Media, Inc., for an extension of five years at Anaheim
Stadium, and two years at Anaheim Convention Center, to serve as advertisin§
representatives, and authorizing the City Manager to execute all necessary
documents.
Al2, 107/142/149; ORDINANCE NO, 4955; AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTIONS 6.44.010 AND 6.44.170 OF CHAPTER 6.44 OF TITLE 6 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO NUISANCES-PARKING OF VEHICLES ON FRONT
LAWNS, AND PENALTIES THEREFORE.
Al3, 171/142; ORDINANCE NO, 4956; AN ORDINANCE OF THE CITY OF ANAHEIM FIXING
AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OFANAHEIM FOR THE FISCAL YEAR 1988/89.
Al4. 106/129/107/155: Approving the increase in appropriation in the Fire
Prevention, Code Enforcement, Planning and Building programs to address the
leasing costs for 7,698 square feet of office space at the Kraemer Building,
located at 76 South Claudina, and other related moving, remodeling and
equipment costs. .
123: Approving the terms and conditions of a lease agreement with URO
Investments concerning the office space at the Kraemer Building and
authorizing the Mayor and City Clerk to execute said agreement on behalf
of the City.
Roll Call Vote on Resolution No. 88R-324:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
842
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City Hall, Anaheim, California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
The Mayor declared Resolution No. 88R-324 duly passed and adopted.
Roll Call Vote on Ordinance Nos. 4955 and 4956:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance Nos. 4955 and 4956 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
105; BOARDS AND COMMISSIONS; Appointments to the Community Services Board,
the Economic Development Board and the Senior Citizens Commission were
continued for a period of two months on motion by Councilman Bay, seconded by
Councilman Hunter. To this motion Councilwoman Kaywood voted "No" MOTION
CARRIED.
108/111/142/000; CONTINUED HEARING - PROPOSED AMENDMENTS TO TITLES 3 AND 4
~USINESS LICENSES, AMUSEMENT DEVICES AND HALLOWEEN PARADE AND FESTIVAL: To
consider proposed ordinances which would amend Titles 3 and 4 establishing a
revised schedule of business license fees. This matter was discussed at and
continued from the meetings of July 26 and August 16, 1988, to this date - see
minutes those dates.
William Sell, Business License Manager, reported on options of gross receipts
under the three proposed rate schedules:
Staff Recommendation: Revenue at rate of .19 and .38, gross receipts of
$1,000: net increase, $2,478,453.
Alternate A: Revenue at rate of .095 and .19, gross receipts of $1,000: net
increase, $1,515,682.
Alternate B: Revenue at rate of .13 and .26, gross receipts of $1,000: net
increase, $1,870,387.
Staff continued to recommend the original proposal of .19 and .38; increased
business over the past two years had generated only a 2% increase in license
receipts.
Letters of opposition to an increase in business license fees were received
from the following:
K. D. Van Kleeck, Sr. Vice President, CalComp, 2411 W. La Palma Ave.
Byron Barker, Barker Realty Company, P.O. Box 148, Anaheim, 92805
Emile R. Comforti, President, AMPRO Corporation, 1340 N. Jefferson St.,
Anaheim 92806
Mike Port, Sr. Vice President/General Manager, and Tom Seeberg, Vice
President/Public Relations, California Angels, 2000 S. State College Blvd,
Anaheim
T. Steele Edwards, Jr., General Manager, Emerald of Anaheim, 1717 S. West
843
City Hall, Anaheim, California - COUNCIL MINUTES - August 23, 1988. 1:30 P,M.
Street, Anaheim 92802
Dan L. Rowland and Associates, AIA, Inc., 1290 N. Mancock St., Suite 204,
Anaheim 92807
Anaheim Chamber of Commerce, Southern California Gas Company, P.O.
Box 1319, Santa Aha, 92701
(The latter protested the proposed exclusion from Anaheim Municipal Code,
Title 3, Business License, of Section 3.04.135, exemption of public utility.)
The following persons addressed the City Council in opposition to the proposed
amendments to the Business License Ordinance:
Dona Hinson, 2106 June Place
Gary Masciel, 1127 W. North St.
Joe White, 809 W. Broadway
"Pat" Patterson, 924 N. Helena St.
Frank Feldhaus, 612 S. Harbor Blvd.
Barbara Ward, 2501 Banyan Court
Rick Vaught, 1617 Tonia Lane
Wally Craig~ Realtor
Walt Forsythe, 2731 W. Bridgeport, Realtor
Kay Brenneman
Larry Slagle, President, Anaheim Chamber of Commerce.
Comments included the following:
Consideration was suggested of alternative means to raise revenue; it was
understood that funds already had been designated for Police 2000; the
community should not bear the burden of an increase in the cost of doing
business; a comparison was made of small service business fees in the
surrounding cities; additional regulations from federal, state and local
levels every year; the possibility that those who own buildings in which they
do business would be double taxed; request was made for a cost study on the
processing of business license fees in the City; in the past, the City-owned
utility helped keep other charges to a minimum; Anaheim had not attracted some
of the types of business that were in demand and therefore, many citizens shop
other areas; some means should be found to make the business climate more
attractive in the City; some license fees would be increased by 600%: and
suggestion was made that the fees be increased at a lower rate.
Chamber of Commerce President Slagle pointed out that Anaheim has the stadium,
convention center, and other sources of revenue; and the proposed fees were
excessive and inflationary. Although the Chamber broke away from the City
some years back, they continued to support the City and to encourage new
business to locate in Anaheim. This City has continued to lead the County in
taxable sales by a substantial margin.
Responding to some of the comments, City Treasurer Mary Turner explained that
a staff analysis of the proposed increases was on record in her office; and
the owner-occupant of a business facility would not be taxed twice. License
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City Hall. Anaheim, California - COUNCIL MINUTES - August 23, 1988, 1:30 P.M.
fees have not been increased for the past thirty years, and the proposal was
for a fair share of the amount of services provided.
Councilman Pickler offered Ordinance No. 4950, Alternate B, for adoption, with
a tax rate of 13¢ and 26¢ on gross receipts per thousand.
Councilwoman Kaywood noted that the City of Glendale used a utility toy that
she did not want in Anaheim which raised $7 million. She was concerned about
cuts in the Police and Fire Departments, and noted rising costs of goods such
as asphalt and concrete to repair streets (1,000% increase). Revenues must be
raised to remain a first class municipality.
Councilman Hunter saw a need for a reconciliation between the City Council and
the business community, and suggested that the increases in license fees could
be accomplished in smaller stages. He invited the President of the Chamber of
Commerce to visit the Anaheim Police Department Headquarters and note the
obvious need for expansion. He stated that a revenue vehicle for Police 2000
had not been established, and he hoped the City and the Chamber could work
together in a spirit of cooperation, communication and compromise. Councilman
Hunter volunteered to work with the Chamber of Commerce, and felt that the
City must take a more pro-active role in telling prospective businesses why
they should locate in Anaheim.
Councilman Pickler pointed out that the cost of nearly everything had
increased; some programs had been deferred and some positions cut, but the
Police and Fire Departments must be maintained.
Councilman Ehrle noted that his amendment to the staff proposal, offered on
August 16, 1988, was exactly half as much in fee increases. Previous City
Councils did not enact increases to the license fees, yet in his opinion, they
approved projects without a source of revenue.
Councilman Pickler withdrew his offer of Alternate B for adoption.
Councilman Ehrle offered Ordinance No. 4950, Alternate A, for amended first
reading, the change being the omission of the Consumer Price Index
cost-of-living factor.
0n motion by Councilman Pickler, ~econded by Councilman Hunter, possible
omission of the Southern California Cas Company from the proposed ordinance
was continued to November 15, 1988. MOTION CARRIED.
RECESS: By general consent, the City Council took a ten minute recess, to
take up public hearings scheduled at 3:00 p.m. (3:19 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, with the exception of Councilman Pickler who was temporarily
absent. (3:26 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - August 23, 1988, 1:30 P.M.
~76; PUBLIC HEARING - ABANDONMENT NO. 88-4A: In accordance with application
filed by Stewart Green Associates, public hearing was held on proposed
abandonment of a 10 foot electrical easement on a parcel of land between
Lincoln Avenue and Westport Drive West of Peregrine, pursuant to Resolution
No. 88R-295, duly published in the Anaheim Bulletin and notices thereof posted
in accordance with law.
Report of the City Engineer dated July 12, 1988 was submitted recommending
unconditional approval of said abandonment.
Mayor Bay asked if anyone wished to address the Council; there being no
response he closed the public hearing.
gNVlRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Bay, 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. Councilman Pickler
was temporarily absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-325)
Councilman Bay moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. Councilman Pickler was temporarily
absent. MOTION CARRIED.
Councilman Bay offered Resolution No. 88R-325 for adoption. Refer to
Resolution Book.
RESOLUTION NO, 88R-325; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A 10 FOOT ELECTRICAL EASEMENT ON A PARCEL OF LAND BETWEEN
LINCOLN AVENUE AND WESTPORT DRIVE WEST OF PEREGRINE. (88-4A).
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kayw00d and Bay
None
Pickler
The Mayor declared Resolution No. 88R-325 duly passed and adopted.
Councilman Pickler entered the Council Chambers. (3:30 p.m.)
179: pUBLIC HEARING - VARIANCE NO, 3804 AND NEGATIVE DECLARATION:
APPLICANT: OWNERS:
Dr. R. S. Minntck and Jan W. Minnick
12269 Sky Lane,
Los Angeles, CA 90049
846
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City Hall, Anaheim, California - COUNCIL MIN-OTES - August 23, 1988. 1:30 P.M.
LOCATION/REQUEST: The property is located at the southeast corner of
Orangethorpe Avenue and Lemon Street. The request is to establish a total of
1,978 square feet of fast food restaurant area in an existing commercial
retail center with waiver of minimum number of required parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC88-178 granted Variance
No. 3804; approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Pickler at the meeting of July 26, 1988.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 11, 1988.
Posting of property August 12, 1988.
Mailing to property owners within 300 feet - August 12, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 6, 1988.
Prior to the applicant making a statement, the Mayor asked Council Members
Kaywood and Pickler to state any particular questions they had inasmuch as
they had requested this hearing.
Councilwoman Kaywood voiced concern over the number of parking spaces
proposed, especially due to the fact that in addition to the Variance before
Council in this public hearing, there is an item (CUP NO. 3039) on the
Council's Planning Consent Calendar this date for a 1,058 square foot
convenience market in the same center; and the Council has previously approved
a game arcade (Yogi's, for 64 machines, located at 30 E. Orangethorpe Avenue).
Councilman Pickler voiced concern over the fact that this is a very busy area,
and the additional uses would increase the congestion. He was concerned also
whether parking as proposed would be sufficient.
APPLICANT'S
STATEMENT:
Dr. Steve Mtnnick, 12269 Sky Lane, Los Angeles, Ca. 90043.
He read a list of specific uses to be located in the various
spaces of this center, advising that five leases have been
completed for these uses. The fast food area will consist of 8
tables of four seats each.
He related that he had hired a traffic consultant (Wes Pringle)
to review the uses at this particular location, and had worked
with Paul Singer to come up with the proposed parking plan for
28 spaces.
STAFF INPUT:
Paul Singer, Traffic Engineer, in response to questions from
Council Members, advised that he had reviewed this center and
Dr. Minnick's proposal in some detail, and he agrees that for
these uses in this particular location, 28 spaces as proposed
847
City Hall, Anaheim, California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
will be adequate. He also noted that Dr. Minnick will be
constructing a driveway on Lemon Street as had been requested by
the Traffic Division.
Anntka Santalahti, Zoning Administrator, advised that although
Councilwoman Kaywood is correct that when fast food is sold in
conjunction with a convenience market an additional 5 parking
spaces are required, the application for CUP No. 3039 was
processed in the period prior to this requirement being
established.
PUBLIC DISCUSSION:
There were no people who wished to speak either in favor or
opposition.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-326)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 88R-326 for adoption, to approve
Variance No. 3804, subject to all conditions as recommended by the Planning
Commission. Refer to Resolution Book.
RESOLUTION NO, 88R-326; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3804.
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-326 duly passed and adopted.
~79; PUBLIC HEARING - CONDITIONAL USE pgRMIT NO, 30?7 CATEGORICALLY EXEMPT.
CLASS 3:
APPLICANT: Roberto I and Alejandra G. Nogales
817 W. North Street,
Anaheim, Ca. 92805
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City Hall. Anaheim. California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
LOCATION/REQUEST: The property is located at 817 West North Street. The
request is to construct a 611 square foot granny unit with waiver of minimum
rear yard setback.
PLANNING COMMISSION ACTION: Resolution No. PC88-181 granted Conditional Use
Permit No. 3027; Categorically Exemption - Class 3.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Pickler at the meeting of July 26, 1988.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 11, 1988.
Posting of property August 12, 1988.
Mailing to property owners within 300 feet August 12, 1988.
PLANNING STAFF INPUT:
See report prepared for Planning Commission Public Hearing dated July 6, 1988.
APPLICANT'S
STATEMENT:
Roberto I. Nogales, 817 West North Street, Anaheim, Ca. 92805.
In response to concerns expressed by Councilwoman Kaywood, Mr.
Nogales advised that the unit proposed will be used by his 68
year old mother; and that when she no longer needed this place,
he would then use it as an additional room for one of his
children. He indicated it would not be used as a rental.
PUBLIC DISCUSSION:
There were no persons who wished to speak either in favor or
opposition.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Bay, seconded by Councilman Hunter, the City Council determined that the
proposed activity falls within the definition of Section 3.O1, Class 3, 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.
WAIVgR OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-327)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Mayor Bay offered Resolution No. 88R-327 for adoption, granting Conditional
Use Permit No. 3027, subject to all conditions recommended by the Planning
Commission. Refer to Resolution Book.
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Hall. Anaheim. California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
RESOLUTION NO. 88R-327: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3027.
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-327 duly passed and adopted.
179; CONTINUED PUBLIC HEARING - RECLASSIFICATION NO, 88-89-01:
APPLICANT: OWNERS:
Charles D. and Dorothy A. Bolerjack
3625 Savanna Street,
Anaheim GA 92804
AGENT:
Michael K. Frazier
18200 Yorba Linda Boulevard #201,
Yorba Linda CA 92686
LOCATION/REQUEST: The property is located at 3625 Savanna Street. The
request is for a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone, to construct a 3-story, 16 unit "affordable" apartment complex with
waivers of: (a) minimumbuilding site area per dwelling unit, (b) maximum
structural height, (c) maximum site coverage, (d) minimum floor area of
dwelling units, (e) permitted encroachment into front yard.
PLANNING COMMISSION ACTION: Reclassification no. 88-89-01 was denied by the
Planning Commission under Resolution No. PC88-174; Variance No. 3809 was
denied by the Planning Commission under Resolution No. PG88-175; denied
Negative Declaration status.
HEARING SET ON:
An appeal of the Planning Commission's action was filed by Michael Frazier,
Agent for the applicant. This matter was continued from the meeting of
August 16, 1988, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 4, 1988.
Posting of property August 5, 1988.
Mailing to property owners within 300 feet - August 5, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 6, 1988.
APPLIGANT'S
STATEMENT:
Michael K. Frazier, 18200 Yorba Linda Boulevard #201, Yorba
Linda, Ca. 92686.
850
171
City Hall, Anaheim, California - COUNCIL MINUTES - August 23. 1988. 1:30 P,M,
He is requesting that the Council reconsider the Planning
Commission denial of this project, and consider granting the
reclassification to RM-1200 zone and the code waivers to allow
development of the project.
He noted that this is the last available property for
development on Savanna Street. It is a long and narrow lot.
The potential owner determined to develop apartments and to try
to achieve the density bonus for affordable units. They had
misunderstood the density requirement and had thought they were
beginning with 13 units and adding the 3 density bonus on top of
that for 16 units. They now understand the total should be 12
units with 3 affordable for a total of 15 units. They would be
happy to amend their plans to show this revision.
He further related that waivers a, c and d are all related to
the density bonus. Waiver b is required even with 12 units due
to the long narrow shape of the property. Waiver e could be
deleted with redesign and they would be agreeable to
acccompltshtng that.
PUBLIC DISCUSSION:
There were no persons who wished to speak either in favor or
opposition.
EXHIBITS MATERIALS SUBMITTED:
Letter from James DeStefano, Director of Development Services,
City of Buena Park, dated August 8, 1988, noting concern with
the impact of the proposed project on single family properties
to the north of the site.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilman Ehrle questioned whether there was an ordinance in
place requiring elevators in three-story structures, as that is
what he would consider this to be since the parking would be
below the units.
Annika Santalahti, Zoning Administrator, reported on the
progress of the ordinance, and noted it is intended to apply in
projects with a minimum unit count of 20.
Mayor Bay noted that there were still four waivers being
requested, and the structural height to consider in addition to
that; and 20 people attended the Planning Commission meeting to
oppose the project.
Councilwoman Kaywood pointed out that the minimum square footage
requirement under code is 700 where they are proposing 530
851
City Hall. Anaheim. California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
square feet. She was of the opinion that this proposal is
asking too much and would be substandard.
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 have a significant
effect on the environment. Councilwoman Kaywood voted no on this motion.
MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 88R-328 and 88R-329)
Councilwoman Kaywood moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 88R-328 for adoption, denying
Reclassification No. 88-89-01 and Resolution No. 88R-329 for adoption, denying
Variance No. 3809. Refer to Resolution Book.
RgSOLUTION NO 88R-328; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN
A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED.
RESOLUTION NO, 88R-329; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3809.
Roll Call Vote on Resolution Nos. 88R-328 and 88R-329:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 88R-328 and 88R-329 duly passed and adopted.
179/142; ,,ORDINANCE NO, 4957~ Amendin$ Title 18 of the Anaheim Municipal Code
to permit billboards by conditional use permit in certain zones of the City
subject to certain specified regulations. (Discussion leading to this
ordinance took place at the meeting of July 26, 1988).
Councilman Pickler moved that introduction of the proposed ordinance be
continued until December or January, to allow more thorough analysis and input
from the billboard company representatives, inasmuch as the current proposal
was a complete change from the previous proposals discussed. Councilman Ehrle
seconded the motion.
Councilwoman Kaywood pointed out that the proposed ordinance had no provision
for billboard removal at the expense of the individual owner-companies.
852
16.9
Hall. Anaheim, California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
Staff members reported that the proposed ordinance provided that billboards
would become a nonconforming use, requiring a conditional use permit.
Responsibility for any required removal of billboards could be assigned to the
individual companies by condition.
At the conclusion of the discussion, Councilman Pickler amended his motion to
continue consideration of the proposed ordinance to November 15, 1988.
Councilman Hunter seconded the motion. Councilwoman Kaywood voted "No".
MOTION CARRIED.
ITF~S OF PVBLIC INTEREST:
Brent Narquizian, Agent representing the owners of property described in
Reclassification No. 87-88-53 and Variance No. 3796, on today's Planning
Commission Consent Calendar (Item C1). Addressed the Council concerning that
project, and was advised that the matter was on the agenda for information
only, and was not a public hearing at this time.
Linda Poole, 1925 W. Greenleaf, and Sharon Fry requested that pedestrian
access be provided through a wall at Glenoaks and Fern Streets to allow
children a more direct route to and from Brookhurst Junior High School.
issue had been discussed at the school board meetings and also with the
Traffic Engineer and Planning Department.
This
Traffic Engineer Paul Singer reported that his office was following the proper
procedures for installation of sidewalks at Glenoaks, and a pedestrian access
through the wall.
Richard Paul Russo, 609 N. Ventura #2. Briefly addressed the City Council
concerning the filing of City Council Nomination Papers in accordance with
State law.
RECESS: By general consent, the City Council recessed to 5:00 p.m.
(4:53 p.m.)
AFTER RECESS: Mayor Bay reconvened the meeting, all members of the City
Council being present. (5:05 p.m.)
179; ITEMS C1 C12 FROM THE PLANNING COMMISSION MEETING OF AUGUST 1, 1988;
INFORMATION ONLY - ApPFAL PERIOD END~ AUCU~T 23. 1988:
Cl,
RECIASSIFICATION NO, 87-88-53, VARIANCE NO, 3796 AND NEGATIVE DECLARATION:
OWNERS: HERBERT F. BERGERAND BETTY JEAN BERGER
2240 W. Lincoln Avenue, Anaheim, CA 92801
AGENT: HUGO YAZQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92801
~OCATION: 1188 N. West Street
For a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone, and to construct a 3-story, 12-unit apartment complex with
waivers of (a) permitted encroachment of carport eave, (b) required
coverage of parking spaces, and (c) maximum structural height.
853
170
City Hall. Anaheim, California - COUNCIL MINUTES - August 23. 1988, 1:30 P.M.
Reclassification No. 87-88-53 GRANTED by the Planning Commission,
PC88-196.
Variance No. 3796 GRANTED IN PART, by the Planning Commission,
PC88-197.
Approved Negative Declaration.
WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO. 3031 AND NEGATIVE
OWNER: ORANGE COUNTY STEEL SALVAGE, 3200 East Frontera Road,
Anaheim, CA 92816
AGENT: 91 FREEWAY AUCTION SALES, P.O. BOX 6258, Anaheim, CA 92816
~OCATION; Easterly terminus of Frontera Street
To establish a retail automobile auction sales facility with waiver
of maximum area of freestanding sign.
CUP NO. 3031 GRANTED IN PART, by the Planning Commission, PC88-198.
Waiver of Code Requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
Councilwoman Kaywood was concerned about escalation of traffic problems as a
result of the use proposed. It was noted that the conditional use permit had
been granted in part with a three year limitation, the use further limited to
Saturdays and Sundays only.
RECLASSIFICATION NO, 88-89-06, VARIANCE NO, 3826 AND NEGATIVE DECLARATION:
OWNER: LESLIE W. GARDNER AND VELVA A. GARDNER, 400 West Vermont,
Anaheim, CA 92806
AGENT: JERRY JACKSON, 2751 E. Maverick, Anaheim, CA 92806
LOCATION; 400 W, Vermont Avenue
For a change in zone from RS-7200 to RM-1200 or a less intense zone,
and to construct a 3-story, 14-unit apartment building with waivers
of (a) maximum structural height and (b) maximum site coverage.
Reclassification No. 88-89-06 GRANTED by the Planning Commission,
PC88-199.
Variance No. 3826 GRANTED by the Planning Commission, PC88-200.
Approved Negative Declaration.
¢4,
VARIANCE NO, 3814 AND NEGATIVE DECLARATION:
OWNER: THE BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 16811
Hale Avenue, Irvine, GA 90630
AGENT: DIANA HOARD, VICE-PRESIDENT, THE BALDWIN COMPANY, 16811 Hale
Avenue, Irvine, CA 90630
LOCATION: Property consists of approximately 108 acres located south
of the future northerly extension of Serrano Avenue, bounded on the
west by the Highlands at Anaheim Hills, on the south and southeast by
Irvtne Company property and further designated on the The Summit of
Anaheim Hills Planned Community Zone Land Use Plan (Reclassification
No. 86-87-19, Amendment No.1) as a (Residential, Single-Family)
RS-HS-iO,O00(SC) zone development area, and further described as
854
167
City Hall. Anaheim. California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
Tentative Tract Nos, 13266, and 13512-18.
Petitioner requests waivers of (a) permitted signage in residential
zones to construct two entry monument signs and (b) maximum height,
location and type of walls to construct view and solid walls varying
from 6 to 6 feet, 6 inches in height adjacent to residential lot
lines and building pads.
As part of final specific plan of development review for
previously-approved Tentative Tract Nos. 13266, 13512, 13513, 13514,
13515, 13516, 13517, and 13518.
Variance No. 3814 GRANTED by the Planning Commission, PC88-201.
Approved Negative Declaration.
C5, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3042 AND NEGATIVE
pECLARATION:
OWNERS: THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES, 2811 E. Villa
Real Drive, Orange, CA 92667
AGENT: JOHN BARTLETT ASSOCIATES, ATTN: JO ANNA STRADA, 250 W.
Colorado Boulevard, Suite 290, Arcadia, CA 91006
~OCATION; 5800 E, Santa Aha Canyon Road
To permit a parish center expansion to an existing church with
waivers of (a) minimum number of parking spaces and (b) maximum
structural height.
CUP NO. 3042 GRANTED by the Planning Commission, PG88-202.
Waiver of Code Requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
Councilwoman Kaywood questioned the requested parking waiver. Zoning
Administrator Annika Santalahti noted that the existing parking would not be
used concurrently by the church and the school.
C6,
CONDITIONAL USE PERMIT NO, 3037 AND NEGATIVE DECLARATION:
OWNERS: LEO FREEDMAN, 468 S. Roxbury Drive-Penthouse, Beverly Hills,
CA 90212
AGENT: GROUND SYSTEMS INC./PINETREE, 201 E. Broadway, Suite 35,
Anaheim, CA 92805
LOCATION; 1660 S, Harbor Boulevard
To permit a transportation terminal.
CUP NO. 3037 GRANTED by the Planning Commission, PC88-203.
Approved Negative Declaration.
Conditional Use Permit was set for public hearing by Council Members Pickler
and Kaywood.
¢7,
CONDITIONAL USE pERMIT NO, 3038 AND NEGATIVE DECLARATION:
OWNERS: CC&F LA PALMA INVESTMENT COMPANY, 2390 E. Orangewood, #380,
Anaheim, CA 92806
AGENT: JEFFREY C. SMITH, 2390 E. Orangethorpe Avenue, Anaheim, CA
92806
855
168
City_ Hall. Anaheim. California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
~OCATION; 4155 East ~a ~alma Avenue
To permit an industrially related office use.
CUP NO. 3038 GRANTED by the Planning Commission, PC88-204.
Approved Negative Declaration.
C8,
CONDITIONAL USE PEgMIT NO, 3039 AND NEGATIVE DECLARATION:
OWNERS: DR. R. S. MINNICK AND JAN W. MINNICK, ATTN:
12269 Sky Lane, Los Angeles, CA 90043
~OCATION; 30 East Orangethorpe Avenue
To permit a 1,058 square-foot convenience market.
STEVE MINNICK,
CUP NO. 3039 GRANTED by the Planning Commission, PC88-205.
Approved Negative Declaration.
C9, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE pERMIT NO. 3041 AND NEGATIVE
pECLARATION:
OWNER: INNER CITY EQUITIES, 1880 Century Park East, #300, Los
Angeles, CA 90067
AGENT: EL POLLO LOCO, ATTN: RON CONTRERAS, 1402 East Firestone
Boulevard, Santa Fe Springs, CA 90670
LOCATION; 299 South Euclid Street
To permit a drive-through restaurant with waiver of minimum number of
parking spaces.
CUP NO. 3041 GRANTED by the Planning Commission, PC88-206.
Waiver of Code Requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
Gl0, RECLASSIFICATION NO, 88-89-07, VARIANCE NO, 3822 ~ND NEGATIVE DECLARATION:
OWNERS: SPIROS GIANNOUTSOS AND CATHERINE GIANNOUTSOS, 1469 Alabama
Lane, Pittsburgh, PN 15216
AGENT: MASSOUD MONSHIZADEH, 1524 Victory Way, Placentia, CA 92670
LOCATION: 741-747 North East Street
For a change in zone from RS-7200 to RM-2400 or a less intense zone,
and to construct a 2-story, 14-unit apartment complex with waivers of
(a) minimum building site area per dwelling unit, (b) maximum
structural height and (c) minimum front setback.
Reclassification No. 88-89-07 GRANTED by the Planning Commission,
PC88-207.
Variance No. 3822 GRANTED IN PART, by the Planning Commission,
PC88-208.
Approved negative Declaration.
In response to inquiry made by Councilwoman Kaywood, Zoning Administrator
Annika Santalahti reported that as of 3:00 P.M. this date, no request to
withdraw this application had been received. The Planning Commission had
denied a portion of the variance.
856
165
City Hall. Anaheim. California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
Cll, GENERAL PLAN AMENDMENT 246. RECLASSIFICATION NO. 88-89-05, VARIANCE
NO, 3824 AND NEGATIVE DECLARATION:
OWNERS: JAMES R. NEEDHAM AND SHIRLEY A. NEEDHAM, 1028 E. NORTH
STREET, ANAHEIM, CA 92801
SANTOS BECERRAAND ROSA BECERRA, 1014 E. North Street, Anaheim, CA
92805
DONALD K. SMALLEYAND JERI M. HOLLINGSWORTH, 1020 East North Street,
Anaheim, CA 92801
AGENT: MASSOUD MONSHIZADEH, 1524 Victoria Way, Placentia, CA 92670
LOCATION: 1014. 1020 and 1028 East North Street
Petitioner requests amendment to the Land Use Element of the General
Plan proposing a redestgnatton from the current Low Density
Residential Designation to a Low-Medium Density Residential
Designation. For a change in zone from RS-7200 to RM-3000 or a less
intense zone, and to construct a 2-story, 15-untt condominium complex
with waivers of (a) maximum structural height, (b) minimum landscaped
setback abutting single-family residential developments and (c)
minimum recreational/leisure area.
GPA NO. 246 DENIED by the Planning Commission, PC88-209.
Reclassification No. 88-89-05 DENIED by the Planning Commission,
PC88-210.
Variance No. 3824 DENIED by the Planning Commission, PC88-211.
Approved Negative Declaration.
C12, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 2995 AND NEGATIVE
DECLARATION:
OWNER: CHEVY CHASE ANAHEIM PARTNERS, ATTN JACK McCOSH, 200 North
Harbor Boulevard, Anaheim, CA 92805
~OCATION; Subject property consists of 4 lots (916 Bluejay Lane,
1,015 Brewster Avenue, 916 Robin Place, and 931 Ghevy_ Chase Drive)
Petitioner requests approval of revised plans for a previously
approved Conditional Use Permit to add 4 lots to a previously
approved "Planned Residential Development".
CUP NO. 2995 APPROVED by the Planning Commission, PC88-212.
Waiver of Code Requirement APPROVED by the Planning Commission.
Approved Negative Declaration.
155/170; ITEM C13 FROM THE PLANNING COMMISSION MEETING OF AUGUST 15, 1988;
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 25. 1988:
C13. ENVIRONMENTAL IMPACT REPORT NO. 273 (pREVIOUSLY CERTIFIED). VESTING
TENTATIVE TRACT NO. 12700 (REVISION NO. 1) AND SITE PLAN (REVISION NO. 1):
OWNER: PRESLEY OF SOUTHERN CALIFORNIA, Attn: A1 Uman, 17991
Mitchell South, Irvine, CA 92714
AGENT: ELFEND AND ASSOCIATES 4675 MacArthur Court, Suite 660,
Newport Beach, CA 92660
LOCATION: Subject property is described as an irregularly-shaped
property consisting of approximately 66.9 acres generally located
857
City Hall, Bnahetm. California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
northeasterly of the intersection of Canyon Rim Road and Serrano
Avenue and further described as Development Area 12 of the Highlands
at Anaheim Hills Specific Plan (SP87-1).
Petitioner requests approval of revised plans to add eight
residential units and four lots to the previously-approved Vesting
Tentative Tract Map No. 12700 and Site Plan to establish a 66.9 acre,
lQ-lot, 232-unit residential air-space condominium (SP87-1)
subdivision.
Approved EIR NO. 273 (Previously Certified).
Vesting Tentative Tract No. 12700 APPROVED by the Planning Commission
Responding to Council questioning, the Zoning Administrator reported that some
conditions for subject property were included on the approval of Specific Plan
No. 87-1, Ordinance No. 4861; Conditions 2, 7, 8, 12, 31, 39 and 40 were
deleted from the tract map by the Planning Commission. Modifications
requested by staff were agreed to by the developer.
End of Planning Commission Items. MOTIONS CARRIED.
179; REQUEST FOR REHEARING - RECLASSIFICATION NO, 87-8S-56. VARIANCE NO. 3805
AND NEGATIVE DECLARATION:
OWNERS: RAYMOND L. PHILLIPS, 9297 Batavia Street, Orange, CA 92667
AGENT: NICK GOMEZ, 4871 Sunnybrook Avenue, Buena Park, CA 90621
LOCATION; 3629 and 3633 Savanna Street
For a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone, and to construct a 3-story, 20-unit apartment complex with
waivers of (a) maximum structural height and (b) maximum site
coverage.
Reclassification No. 87-88-56 DENIED by the Planning Commission,
PC88-158.
Variance No. 3805 DENIED by the Planning Commission, PC88-159.
Approved Negative Declaration.
Appeal filed by Agent, Nick Gomez.
DENIED at a Public Hearing held July 26, 1988, Item D4.
Request for rehearing submitted by the agent, Nick Gomez.
On motion by Councilman Bay, seconded by Councilman Ehrle, request for a
rehearing on Reclassification No. 87-88-56, Variance No. 3805 and Negative
Declaration was denied.
114/172; PEDESTRIAN OVERPASS HARBOR BOULEVARD; Councilman Pickler
requested a report from staff on the proposed construction of an overpass
across Harbor Boulevard to the Disneyland parking lot.
M~ETINGS - SgPTEMBER 6 AND OCTOBER 18, 1988: The City Council Members
indicated a potential lack of quorum for regular meetings to be held on
September 6 and October 18, 1988.
858
163
City Hall. Anaheim. California - COUNCIL MINUTES - August 23. 1988. 1:30 P.M.
ADJOURNMENT: Councilman Bay moved to adjourn.
the motion. MOTION CARRIED. (5:48 p.m.)
LEONORA N. SOHL, CITY CLERK
Councilwoman Kaywood seconded
859