1988/09/13City Ha~l. Anaheim. California - COUNCIL MINUTES - September 13. 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
PLANNING DIRECTOR: Joel Fick
SENIOR PLANNER: Greg Hastings
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 2:10 p.m. on September 9, 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 Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case No.
40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C.
No. 46-96-59; San Diego Pipeline vs. Board of Equalization, LASC No.
C-502532; City of Anaheim vs. County of Orange, O.C.S.C.C. No.
50-96-78.
b. To discuss labor relations matters
54957.6.
Government Code Section
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 such recess
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:57 p.m.)
INVOCATION: Captain Joseph Huttenlocker,.Salvation Army, gave the invocation.
FLAG SALUTE: Councilman William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
885
City Hall, Anaheim, California - COUNCIL MINUTES - September 13, 1988, 1:30 P,M,
119; PRESENTATION - INTRODUCTION OF N~W CITY EMPLOYEES: City Clerk Leonora
Sohl stated that there are a number of employees participating in the new
orientation program who are present in the Chamber audience. At the second
meeting of each month, new employees will be introduced and after their names
are announced, will be asked to stand and remain standing until all have been
introduced.
A the conclusion of announcing the names of the new employees, they were
welcomed by the City Council.
~19; PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
American Businesswomen's Day in Anaheim, Saturday, September 10, 1988,
Adult Day Care Center in Anaheim, September 16, 1988,
Booster Bowl II Day in Anaheim, September 17, 1988,
Constitution Week in Anaheim, September 17-23, 1988.
American Business Women's Day was ratified; Paula Hertel, Director and Seena
Rusch, Participant, accepted Adult Day Care Center Day; Booster Bowl II Day
was to be presented at the event at Glover Stadium; and Constitution Week was
accepted by Marilyn J. Skinner, local Committee Chairman for the National
Society of the Daughters of the American Revolution.
119; ?RESENTATION - PEDESTRIAN AND SAFETY AWARD: Mr. Ketth Corzine,
Automobile Club of Southern California, presented to the City of Anaheim the
Pedestrian Safety Award for 1987, and congratulated Anaheim for its 2.1 safety
average as compared to the national average of 3.1.
Mayor Bay accepted the award on behalf of Anaheim's fine staff and the School
Traffic Safety Committee.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held August 16, 1988. Councilman Ehrle seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,011,805.38 for the wee~.
ending September 2, 1988 and $2,826,696.63 for the week ending September 9,
1988, in accordance with the 1988-89 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-340 through 88R-343, both inclusive, for
adoption and Ordinance No. 4960 for introduction)
Councilman Bay moved to waive the reading in full of the resolutions and the
ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
886
8]
City Hall. Anaheim, California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Bay, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar; Councilman Pickler offered
Resolution Nos. 88R-340 through 88R-343, both inclusive, for adoption. Refer
to Resolution Book. Councilman Pickler offered Ordinance No. 4960 for first
reading.
Al. 118: The following claims were filed against the City and action taken
as recommended:
a. Claim submitted by Greyhound Exposition Services for indemnity for
damages sustained purportedly due to actions of the City on or about
February 23, 1987.
b. Claim submitted by Maria Pelayo for property damage sustained
purportedly due to actions of the City on or about May 3, 1988.
c. Claim submitted by Asad Sabetpour for property damage sustained
purportedly due to actions of the City on or about April 19, 1988.
A2. 105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held June 22, 1988.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held July 14, 1988.
105: Receiving and filing minutes of the Community Services Board meeting
held July 14, 1988.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held July 27, 1988.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held July 27, 1988.
105: Receiving and filing minutes of the Public Utilities Board meeting held
Augumt 4, 1998.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held August 10, 1988.
103: Receiving and filing minutes of the Local Agency Formation Commission
meeting held August 17, 1988.
171: Receiving and filing a certified copy of Metropolitan Water District's
Resolution No. 8200, levying taxes for the fiscal year 1988/89.
A3. 158; RgSOLUTION NO. 88R-340: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Located at Avenida de
Santiago as shown on Parcel Map 79-233 - Tract 8520)
887
City Hall, Anaheim, California - COUNCIL MINUTES - September %3, 1988. 1:30 P.M.
A4. 165: Approving a Notice of Completion of the construction of Cherry Way
Sidewalk Improvement, by Nobest, Inc. and authorizing the Mayor to sign and
the City Clerk to file the Notice of Completion.
A5. 123: Approving an agreement with Willdan Associates in the amount of
$60,000 to provide consulting services for Lincoln Avenue Harbor Boulevard
to I-5 Widening and EIR Study, and authorizing the Mayor and City Clerk to
execute said agreement.
A6. 114/105: Approving the proposed Council Policy relating to requests for
staff services by Boards and Commissions.
~05; ORDINANCE NO. 4960; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW
SECTION 1.04.999 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO CONFLICTS OF INTEREST. (Relating to Boards and Commissions)
A7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to CenterCore Systems, in
the amount of $39,925.83 plus estimated freight costs of $2,000 for the
purchase and installation of modular workstations in the Utilities Customer
Service Division.
AS. 160: Authorizing the Purchasing Agent to issue a purchase order to
McMahon Desk Company in an amount not to exceed $50,000 for purchasing Harper
furniture as required during FY 88/89 in accordance with Bid #4624.
A9. 123: Approving an Exclusive Right to Negotiate Agreement with Ogden
Financial Services, Inc., and the Nederlander Organization pertaining to the
development of a multi-purpose sports and entertainment arena, and authorizing
the Mayor and City Clerk to execute said agreement.
Al0, 123; RESOLUTION NO. 88R-341; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AGREEING TO THE TERMS AND CONDITIONS OF AN AGREEMENT TO SELL
PROPERTY TO THE ANAHEIM REDEVELOPMENT AGENCY. (Approving an agreement for
acquisition and sale of real property with the Redevelopment Agency (such
property is generally located at 210 West Third Street, 249 South Lemon
Street, and 119-131 West Chestnut Street), and authorizing and directing the
Mayor and the City Clerk to execute said agreement on behalf of the City)
Ail. 106: Approving an amendment to the 1988/89 Resource Allocation Plan by
reallocating $3,583,125 of existing approved appropriations, increasing the
adopted revenue appropriations by $2,282,200 and expenditure appropriations by
$1,781,200.
Al2. 123: Authorizing the Community Services Manager to execute a letter to
the Amateur Athletic Foundation of Los Angeles' terminating its grant
agreement with the City and the Anaheim Athletic Boxing Club.
Al3. 123: Approving a sublease agreement with Feedback Foundation, Inc. for
the use of the West Anaheim Senior Citizens Center on a shared basis to
provide meal programs and other social and recreational activities and
services for senior citizens.
888
49
City Hall. Am-helm. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M.
Al4. 175.123: Approving a Memorandum of Understanding with Municipal Water
District of Orange County (MWDOC) giving consent to MWDOC to proceed with the
preliminary activities pertaining to development of additional capacity on the
Allen-McColloch Pipeline.
175.123: Approving the Commitment Letter relating to the Allen-McColloch
Pipeline which is an agreement to reimburse MW-DOC in an amount not to exceed
$29,000 for its study costs in the event that the project is not undertaken.
Al5. 123: Waiving Council Policy 401 and approving an agreement with
Marshall & Stevens, Inc., to provide appraisal services of selected City
structures, in an amount not to exceed $45,000.
Al6, ~8; RESOLUTION NO, 88R-342; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
Al7, ~75; RESOLUTION NO. 88R-343: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, AUTHORIZING THE EMPLOYMENT OF A FINANCIAL ADVISOR WITH
RESPECT TO THE ISSUANCE AND SALE OF WATER REVENUE ANTICIPATION NOTES.
(Approving the appointment of M. R. Beal & Company to act as financial advisor
to the City with respect to the issuance and sale of Water Revenue
Anticipation Notes - $3,700,000)
Roll Call Vote on Resolution No. 88R-340 through 88R-343:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-340 through 88R-343, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
105; gCONOMIC DEVELOPMENT BOARD - RESIGNATION: On motion by Councilman Bay,
seconded by Councilman Pickler, resignation of Marshall B. Krupp from the
Economic Development Board, term ending June 30, 1992, was accepted, and the
city Clerk was authorized to post an unscheduled vacancy on the board, and to
send a letter to Mr. Krupp thanking him for his service. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution Nos. 88R-344 through 88R-347, both
inclusive)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
889
5O
City Hall, Anaheim, California - COUNCIL MINUTES - Sevtember 13. 1988. 1:30 P.M,
179: TERMINATING CONDITIONAL USE pERMIT NO. 139 AND TERMINATING VARIANCE
N0, 403: Councilman Bay offered Resolution No. $8R-344 for adoption,
terminating all proceedings in connection with Conditional Use Permit No. 139
and declaring Resolution No. 7105 null and void, and Resolution No. 88R-345
for adoption, terminating all proceedings in connection with Variance No. 403
and declaring Resolution No. 2929 null and void. Refer to Resolution Book.
RESOLUTION NO, 88R-344: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 139 AND DECLARING RESOLUTION NO. 7105 NULL AND VOID.
RESOLUTION NO. 88R-345: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 403 AND
DECLARING RESOLUTION NO. 2929 NULL AND VOID.
Roll Call Vote on Resolution Nos. 88R-344 and 88R-345:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Ehrle,
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Hunter,
Kaywood, Pickler and Bay
The Mayor declared Resolution Nos. 88R-344 and 88R-345 duly passed and adopted.
~79; TERMINATING VARIANCE NO, 2469: Councilman Bay offered Resolution
No. 88R-346 for adoption, terminating all proceedings in connection with
Variance No. 2469 and declaring Resolution No. 73R-72 null and void. Refer to
Resolution Book.
RESOLUTION NO, 88R-346; A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2469 AND
DECLARING RESOLUTION NO. 73R-72 NULL AND VOID.
Roll Call Vote on Resolution No. 88R-346:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Pickler and Bay
The Mayor declared Resolution No. 88R-346 duly passed and adopted.
179: TERMINATING VARIANCE NO, 2637; Councilman Bay offered Resolution
No. 88R-347 for adoption, terminating all proceedings in connection with
Variance No. 2637 and declaring Resolution No. 75R-14 null and void. Refer to
Resolution Book.
RESOLUTION NO, 88R-347; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2637 AND
DECLARING RESOLUTION NO. 75R-14 NULL AND VOID.
Roll Call Vote on Resolution No. 88R-347:
890
47
City Hall. Anaheim. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-347 duly passed and adopted.
179: OP. DINANCES FORA D OPTION:
WAIVgR OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 4958 and 4959)
Councilman Bay moved to waive the reading in full of the ordinances.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Bay offered Ordinance No. 4958 for adoption, amending Ordinance
No. 3435 as previously amended, relating to Reclassification No. 74-75-26, for
a change in zone from RS-A-43,000 to GL, to permit a 2-story, 20,364 sq. ft.
commercial office building located at the Southwest corner of Lincoln and
Sunkist. Refer to Ordinance Book.
ORDINANCE NO. 4958: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN
CONDITIONS OF APPROVAL AS SET FORTH IN ORDINANCE NO. 3435, AS AMENDED,
RELATING TO ZONING RECLASSIFICATION PROCEEDINGS NO. 74-75-26.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance No. 4958 duly passed and adopted.
Councilman Bay offered Ordinance No. 4959 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4959: 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. 87-88-42
located at 1601 South Euclid Street, from RS-A-43,000 to GL)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance No. 4959 duly passed and adopted.
179; ORDINANCES FOR INTRODUCTION: Councilman Pickler offered Ordinance
No. 4961 for introduction, amending Subsection .030 of Section 18.06.070 of
Chapter 18.06 of Title 18 of the Anaheim Municipal Code to increase the
required length of drive-through service lanes without separate order devices
from 100 feet to 160 feet.
891
48
City Hall, Anaheim. California - COUNCIL MINUTES - September 13. 1988, 1;30 P.M.
ORDINANCE NO, 4961: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.030 OF SECTION 18.06.070 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING.
Councilwoman Kaywood offered Ordinance No. 4962 for first reading.
ORDINANCE NO. 4962: 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. 87-88-03
located at 6000 North Kellogg Drive, from RS-A-43,000 to RS-5,000 - for
Tentative Tract 13130)
179/114: RECLASSIFICATION NO, 88-89-09 AND VARIANCE NO. 3834: Councilwoman
Kaywood reported that she had received a request to schedule a public hearing
for Reclassification No. 88-89-09 and Variance No. 3834, which were heard by
the City Planning Commission on August 29, 1988. After brief discussion, the
City Council determined that action to set a public hearing be delayed,
pending the Planning Commission Consent Calendar on the City Council Agenda
for September 20, 1988, where subject applications will be noted for Council
information.
114: pROPOSED RENAMING - SARAH FAY PEARSON MOTHER COLONy HOUSE: At the
suggestion of Councilwoman Kaywood, the City Clerk was directed to write a
letter to the Mother Colony House Board of Directors, suggesting a plaque to
rename the facility the Sarah Fay Pearson Mother Colony House, in memory of
the late Mrs. Pearson, who devoted a great deal of time to that historic
facility.
~05; PROJECT AREA COMMITTEE REQUEST - CHARTER R~NEWAL: On motion by
Councilman Bay, seconded by Councilman Ehrle, the City Clerk was instructed to
place on the Council Agenda for September 20, 1988, the request previously
submitted to renew the charter for the Project Area Committee (PAC), which
expired June 30, 1988. MOTION CARRIED.
RECESS - CLOSED SESSION: By general consent, the City Council recessed into
Closed Session to continue consideration of items listed on the Closed Session
Agenda; to return at 3:00 p.m. for scheduled public hearings. (2:40 p.m.
~ The Mayor called the meeting to order, all Council Members
being present. (3:00 p.m.)
179: PUBLIC HEARING - VARIANCE NO, 3815, CATEGORICALLY EXEMPT, CLASS 3-A:
APPLICANT: OWNER:
Richard E. Colliver and Judy J. Colltver
382 Silverbrook Drive,
Anaheim, CA 92807
AGENT:
Peter E. Larson
10600 Magnolia, Suite I,
Riverside, CA 92505
892
45
City Hall. Anaheim. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M.
LOCATION/REQUEST: The property is located at 7460 East Hummingbird Circle.
The request is to construct a 2-story, 34.5 foot high, single-family residence
with waiver of maximum structural height.
ZONING ADMINISTRATOR ACTION: The Zoning Administrator approved Variance
No. 3815, Decision No. ZA88-46.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood and Councilman Pickler at the meeting of August 16, 1988, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 1, 1988.
Posting of property September 1, 1988.
Mailing to property owners within 300 feet - September 1, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Zoning Administrator dated July 14, 1988.
As a point of information, prior to the hearing, Councilman Pickler inquired
as to when th City Council might expect to hear the results from the Planning
Commission study concerning structural height limitations in the scenic
corridor area. He indicated that he was of the opinion this hearing should be
delayed until that study information was made available to the Council.
Mayor Bay and Council Member Ehrle were of the opinion it would be unfair to
this applicant to delay construction another 4-6 weeks.
Mr. Greg Hastings reported that the height limitation report will be going to
the Planning Commission on September 26, 1988.
APPLICANT'S
STATEMENT:
Peter Larson, 10600 Magnolia, Suite I, Riverside.
Agent for Mr. and Mrs. Colliver, indicated he was present and
prepared to represent them.
He advised that the approval given by the Zoning Administrator
was after the house had been redesigned down to 30 feet. The
original request was for a 34.5 foot variance. It is a variance
of 30 feet that is being requested at the present time.
Sol Berdr stated that he had performed all of the structural and
civil engineering necessary for the site, taking into account
the natural terrain, to assure that the footings would hold.
PUBLIC INPUT:
OPPOSED:
SonJa Grenwal, Anaheim Hills Citizens Coalition, requested that
the City Council continue this matter until after the September
26th Planning Commission meeting. She submitted 26 letters in
opposition to the Variance from homeowners to the east and south
of subject property. She read one of these letters from Dave
Martin, 755 S. Bunting Court, the President of the Canyon View
Estates Homeowners Association.
893
City Hall, Anaheim, California - COUNCIL MINUTES - September 13. 1988, 1;30 P,M. ---
An additional four letters in opposition were also on file for a
total of 30 letters.
Judy Colliver, 382 Silverbrook Drive, Anaheim 92807 noted that
when they purchased this property, the investment company had
approved building plans which they could have used and they were
the same as the plans used for Canyon View Estates, however
there were no plans available for this particular lot.
Mr. Hastings advised that any such plans would have to have been
for a home not more than 25 feet in height.
There were no further people who wished to speak in favor or opposition.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Mayor Bay inquired as to whether the Zoning Administrator had in
fact reviewed whether the 5 additional feet for this structure
would obstruct anyone's view.
Joel Fick advised that the Zoning Administrator carefully
reviews the written application, holds hearings and also makes a
field survey. In this instance, the applicant was requested to
reduce the request from 34.5 to 30 feet.
Mayor Bay noted that the Council has under consideration a
height variance of 5 feet, for a house which will be built on
3/4 acre. He did not think 5 feet would even be discernible
from the nearest house. He offered the Resolution to approve
the variance as granted by the Zoning Administrator.
Councilwoman Kaywood spoke against the resolution, noting that
while individuals are attracted to the area for its natural
beauty, they then immediately want to diminish this with homes
so large that the hills cannot be seen.
Council Member Hunter stated he viewed the request for this
variance as minimal, since any impact it would have is mitigated
as the lot it will be located on is on a street along a ridge
line with all existing visible houses on a grade 50 feet or more
higher. He concurs with the decision made by the Zoning
Administrator.
MOTION: Council Member Pickler moved to continue this public hearing to the
month of October, after the Planning Commission decision on height waivers in
the scenic corridor. Councilwoman Kaywood seconded the motion. Said motion
failed to carry, with Council Members Bay, Hunter and Ehrle voting no.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Bay, seconded by Councilman Ehrle, the City Council determined that the
proposed activity falls within the definition of Section 3.01, Class 3-A, of
894
43
City Hall. Anaheim. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M.
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.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-348)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 88R-348 for adoption, granting Variance
No. 3815. Refer to Resolution Book.
RgSOLUTION NO. 88R-348: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3815.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter and Bay
Kaywood and Pickler
None
The Mayor declared Resolution No. 88R-348 duly passed and adopted.
179; PUBLIC HEARING - AMEND CONDITIONS OF APPROVAL TO VARIANCE NO, 3791 AND
NgGATIVE DECLARATION:
APPLICANT: OWNER:
Ledger Smith
1716 N. Ross Avenue,
Santa Aha, CA 92706
ATTN: Security Pacific National Bank
P.O. Box 7120,
Newport Beach, CA 92658
AGENT:
Gerald M. Greco
2225 E. Katella Avenue,
Anaheim, CA 92806
Thomas K. Cannon
27665 Foches Road, Suite 204,
Laguna Niguel, CA 92677
LOCATION/REQUEST: The property is located at 2225 E. Katella Avenue. The
request is for waivers of (a) maximum number of free standing signs, (b)
permitted location of free standing signs, (c) minimum distance between free
standings signs and (d) minimum sight distance requirements to construct 2
additional free standing signs.
PLANNING COMMISSION ACTION: Resolution No. PC88-123 granted Variance
No. 3791. Variance No. 3791 was also granted by the City Council, subject to
895
City Hall, Anaheim, California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M. --
City Planning Commission Conditions to allow 3 free standing signs for the 3
specific automobile companies. (Resolution No. 88R-254).
HEARING SET ON:
A request for rehearing on the issue of the conditions was submitted by Roy
Castanon, Stadium Motors, Inc. and was denied by the City Council at the
meeting of July 26, 1988.
A Request to amend conditions of approval was submitted by Roy Castanon,
Stadium Motors and public hearing scheduled this date.
Mr. Jack White confirmed for the City Council that the applicant's request is
that the Council amend the conditions by deleting all of them.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 1, 1988.
Posting of property September 1, 1988.
Mailing to property owners within 300 feet - September 1, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 9, 1988, and City
Planning Commission Resolution No. PC88-123.
APPLICANT'S
STATEMENT:
Mr. Gerald M. Greco, 2225 E. Katella Avenue, Anaheim, Agent for
the applicant.
Mr. Greco called attention to the letter submitted by Mr. Roy
Castanon, Stadium Motors, indicating their desire to have all
conditions of City Planning Commission and City Council
resolutions granting Variance No. 3791 deleted.
He explained that he misunderstood and thought the City Council
had granted the variance to permit the third free-standing sign
without the conditions, and was not aware the same eight
conditions were placed on the approval until he received
confirmation in the mail with copy of Resolution No. 88R-254.
Mr. Grec0 explained that these conditions pose a great dilemma
for the auto dealership, in that they need the sign in order to
be able to advertise and sell the cars, but are not able to meet
the conditions, except for condition no. 3.
STAFF INPUT:
Because it was unclear, staff verified for Council that two of
the three signs under discussion already exist. The Variance
would permit one additional sign to be added to the property.
These are described in the variance as "El, E2 and #2".
Zoning Administrator, Annika Santalahtt, reviewed the conditions
being appealed, indicating that these are typical of what is
imposed on such requests, the only unusual one being no. 2
regarding the signing of a covenant agreeing not to contest the
formation of any assessment district(s) which has been routinely
applied to properties in the Stadium Area.
896
41
CSty Hal~, Anaheim, Ca~$$ornta - COUNCIL MINUTES - Sevtember 13, 1988. 1:30 P.M,
Mr. Greco explained that the property owner is very elderly, and
unwilling to sign such documentation which would allow them to
proceed with these conditions.
COUNCIL ACTION:
The Mayor asked if anyone else wished to address the Council,
either in favor or opposition. There being no response, he
closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-349)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-349 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 88R-349: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE
NO. 3791 AS APPROVED BY RESOLUTION NO. 88R-254.
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-349 duly passed and adopted.
134/179; ~UBLIC HEARING - GENERAL PLAN AMENDMENT NO. 245. RECLASSIFICATION
~O, 88-89-03, VARIANCE NO, 3811 AND NEGATIVE DECLARATION
APPLICANT: OWNER:
Lincoln Property Ltd.
4200 Trabuco Road, Suite No. 222,
Irvtne, CA 92720
AGENT:
Christopher Pierce, A.M. Homes
4060 Campus Drive, Suite 250,
Newport Beach, CA 92660
LOCATION/REQUEST: The property is located at 1780 West Lincoln Avenue. The
petitioner requests an amendment to the Land Use Element of the General Plan
proposing a redeslgnation from the current General Commercial designation to a
897
Hall, Anaheim, California - COUNCIL MINUTES - September 13. 1988, 1;30 P,M. --
Medium Density Residential or Low-Medium Density Residential designation, for
a change in zone from CL to RM-1200 or a less intense zone, and to construct a
106-unit apartment complex with waiver of maximum structural height.
PLANNING COMMISSION ACTION: Resolution No. PC88-186 granted General Plan
Amendment No. 245, Exhibit A; Resolution No. PC88-187 granted Reclassification
No. 88-89-03; Resolution No. PC88-188 granted Variance No. 3811; approved EIR
- Negative Declaration.
HEARING SET ON:
Necessity for City Council to consider the General Plan Amendment which has
been recommended by the Planning Commission.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 1, 1988.
Posting of property September 1, 1988.
Mailing to property owners within 300 feet - September 1, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 18, 1988.
APPLICANT'S
STATEMENT:
Mr. Ken Labtnsky, A.M. Homes, 4060 Campus Drive, Suite 250
Newport Beach CA 92660
He reported that the property in question borders on apartment
property on the southeast. There are six single family
residences, and he has personally met with these homeowners and
reviewed plans with them. There are strong protections to the
privacy of these homes to be provided with this project, such
as, no windows or balconies which will overlook the homes. He
noted that this 106 unit apartment project will have double the
amount of recreational open space that is required, and is under
the maximum density allowed in this zone. He advised that the
builder and architect were present to answer questions.
Councilman Pickler asked if a left turn would be possible at
this location, and was advised there is a median existing and
there are no plans to cut the median.
Mayor Bay inquired relative to the number of feet proposed in
the setback to the RS-7200 property and was advised that 46 foot
was originally proposed, whereas the Planning Commission
approved a minimum of 50 feet, with a second floor orientation
so that no windows or balconies overlook the single family homes.
PUBLIC INPUT:
The Mayor asked if anyone wished to speak either in favor or
opposition. There was no response. The Mayor closed the public
hearing.
gNVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
898
City Hall, Anaheim. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M.
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 - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 88R-350, 88R-351 and 88R-352)
Councilman Bay moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 88R-350 for adoption, approving
General Plan Amendment No. 245, Exhibit A; Resolution No. 88R-351 for
adoption, approving Reclassification No. 88-89-03; Resolution No. 88R-352 for
adoption, granting Variance No. 3811, all subject to the conditions set forth
by the City Planning Commission. Refer to Resolution Book.
~$OLUTION NO. 88R-350: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AHENDMENT NO. 245, EXHIBIT "A."
~$OLUTION NO. 88R-351: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
RESOLUTION NO. 88R-352: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3811.
Roll Call Vote on Resolution Nos. 88R-350 through 88R-352:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 88R-350 through 88R-352, both inclusive,
duly passed and adopted.
RECESS - CLOSED SESSION: On motion by Mayor Bay, seconded by Councilwoman
Kaywood, the City Council recessed to Closed Session. MOTION CARRIED
(4:25 p.m.)
ADJOURNMENT: Mayor Bay moved to adjourn. Council Member Hunter seconded the
motion. MOTION CARRED (6:25 p.m.)
LEONORA N. SOHL, CITY CLERK
899