1988/10/04City Ha~l, Anaheim. California - COUNCIL MINUTES - October 4, 1988, 2;00 P,M,
The City Council of the City of Anaheim met in adjourned 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
Mayor Bay called the adjourned regular meeting of September 27, 1988 to order
for the purpose of a Closed Session at 2:00 p.m.
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.
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 such recess
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
Councilman Bay moved to recess into Closed Session. Councilman Pickler
seconded the motion. MOTION CARRIED. (2:00 p.m.)
ADJO~ Councilman Bay moved to adjourn the meeting of September 27,
1988. Councilman Pickler seconded the motion. MOTION CARRIED. (6:45 p.m.)
LEONORA N. SOHL, CITY CLERK
942
City Hall, Anaheim. California - COUNCIL MINUTES - October 4, 1988, 6;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 Ftck
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:45 p.m. on September 30, 1988 at the Civic Center kiosk,
containing all items as shown herein.
The Mayor called the meeting to order, all Council Members being present, and
welcomed those in attendance to the Council meeting. (6:45 p.m.)
INVOCATION: Captain Joe Huttenlocker, Salvation Army, gave the invocation.
~ Councilman Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119; PROCLAMATION: The following proclamation was issued by Mayor Bay and
authorized by the City Council:
Orange County Hunger Week and World Hunger Day in Anaheim, October 16, 1988.
Captain Joe Huttenlocker accepted the proclamation.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,254,849.70, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTION/ORDINANCES; The titles of the following
resolution and ordinances on the Consent Calendar were read by the City
Manager. (Resolution No. 88R-375 for adoption and Ordinance No. 4964 for
adoption and Ordinance No. 4965 for introduction)
Councilman Pickler moved to waive the reading in full of the resolution and
ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITy MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution No. 88R-375 for adoption. Refer to Resolution Book.
Councilman Pickler offered Ordinance No. 4964 for adoption and Ordinance
No. 4965 for introduction.
Al. 105: Receiving and filing minutes of the Public Utilities Board meeting
held September 1, 1988.
943
City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held September 7, 1988.
A2. 175.123: Approving an indenture with Southern Pacific Transportation
Company, for a fee of $415 for a new 12" waterline to be constructed across
the Southern Pacific Railroad at Euclid Street (for the Euclid Street Storm
Drain Project), and authorizing the Mayor and City Clerk to execute said
indenture.
A3. 106/155: Approving the appropriation of $75,000 in revenue as a
contribution from the Community Center Authority (CCA) to the Planning
Department in support of and expense for the Transportation/Land Use Strategy
Plan for the Disneyland/Conventton Center (Commercial Recreation) Area; and
approving the appropriation of $60,000 in revenue to be received from the
private sector through the Visitors and Convention Bureau toward the expense
of the Commercial Recreation Area Specific Plan.
A4. 153/142: ORDINANCE NO. 4965: INTRODUCTION: AN ORDINANCE OF THE CITY
OF ANAMEIMAMENDING CHAPTER 1.04 OF TITLE 1 OF THEANAHEIMMUNICIPAL CODE TO
CREATE THE LABOR RELATIONS DEPARTMENT AND THE POSITIONS OF LABOR RELATIONS
DIREGTOR ANDADMINISTRATIVE SERVICES DIRECTOR.
152/153: RESOLUTION NO. 88R-375: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF THE LABOR RELATIONS DEPARTMENT TO
PERFORM CERTAIN FUNCTIONS HERETOFORE PERFORMED BY THE DIRECTOR OF THE HUMAN
RESOURCES DEPARTMENT.
AS. 153: Approving the appointment of Garry McRae to the position of Labor
Relations Director effective Friday, September 30, 1988.
A6. 153: Determining that the Labor Relations Director will be considered
the Personnel Director of the City for purposes of the Cooperative Personnel
Services Joint Powers Agreement; and, that Garry O. McRae, Labor Relations
Director, will continue to serve as a representative for Anaheim on the
Cooperative Personnel Services Board; and, that H. David Hill, Assistant Labor
Relations Director, will continue to serve as the alternate representative for
Anaheim on the Cooperative Personnel Services Board of Directors.
A7. 101.123: Approving the First Amendment to an agreement with West Coast
Sign Service, Inc., at a cost not to exceed $7,200 per year, for maintenance
services of the 3-faced advertising tower at Anaheim Stadium, and to permit
the extension of the original agreement from the date of expiration (October
12, 1987) to October 12, 1992.
A8. 174: Approving the reallocation of Community Development Block Grant
(CDBG) funds, $80,000 to Park Vista Project account, $33,000 to Community
Services program account, and $30,000 to Hope House, as recommended by the
Communitywide CDBG Citizen Participation Committee.
A9. 123: Approving a short-term agreement with the City of Brea to supply
helicopter patrol checks to the Carbon Canyon area in the City of Brea for the
purpose of fire supression. Brea will reimburse Anaheim at the rate of $228
per hour for this service.
944
City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1988. 6:30 P.M.
AIO. 160: Authorizing the Purchasing Agent to issue a change order to Hewlett
Packard for an additional amount of $1,413 bringing the revised total for
maintenance on computer hardware equipment at the Convention Center to $10,497.
Roll Call Vote on Resolution No. 88R-375:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-375 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
156; PROPOSED ORDINANCE NO, 4964 - IMPOSING COSTS FOR CRIMINAL
INVESTIGATIONS: Adding Chapter 6.99 to the Anaheim Municipal Code to impose
the costs of criminal investigations upon persons who commit criminal acts.
This ordinance was introduced at the meeting of September 27, 1988.
Mayor Bay. Having read the many newspaper articles, it appears what is not
well understood by the media is that ordinances can be offered for first
reading by any one Council Member. Such an offering does not require the
second of another Council Member, a vote, discussion or anything else. Any
action and/or debate starts when a Council Member offers an ordinance for
adoption which occurs at the time of second reading. Until it is offered for
adoption, it is not even on the table for discussion. The subject ordinance
has been offered for first reading only. There has been an assumption by the
press that the Council unanimously approved that ordinance which is untrue.
In hfs opinion, they have gone through a week of media coverage of an issue
which is not even an issue and will only become one if it is offered for
adoption wherein it will subsequently be debated and settled on the consensus
of the Council's opinion. Since he has removed the item from the Consent
Calendar for separate Council action, it is now on the table. He asked if any
Council Member is going to offer the ordinance for a second reading and
adoption. There being no response, the Mayor declared the ordinance failed
since it was not offered for adoption.
There was no further action taken By the Council on the issue.
~05; PERSONNEL MATTERS - PUBLIC UTILITIES BOARD: Mayor Bay explained that he
had asked last week that the subject be placed on the Council agenda for
possible action.
Councilman Bay thereupon moved that James Townsend be removed from the Public
Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED.
Mr. James Townsend came forward and stated that the Council told him he would
have an opportunity to speak.
Mayor Bay answered that Mr. Townsend could do so under the next portion of the
agenda - Items of Public Interest. The foregoing action was taken within the
policy of the Council to remove at anytime any member of Boards, Commissions
and Committees without any comment if they so desire.
945
Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M.
ITF~ OF p~LIC INTEREST:
Mr. James Townsend, 808 North Pine Street, Anaheim. Before speaking, there
are two people he would like to have speak first with Council's permission.
Mr. Ken Kessee, 510 North Dwyer Drive, Anaheim. He has been Chairman of the
Public Utilities Board (PUB)for 12 years. The Board, comprised of seven
members and appointed by the Council 12 years ago meets the first and third
Thursday of each month. Board Members receive no remuneration. They are all
businessmen who take time from their Jobs or businesses in order to make
recommendations to the Council which they feel are in the best interest of the
City of Anaheim. They have been involved in very major decisions, i.e.,
participation in the Intermountain Power Project, the San Onofre Nuclear Plant
and many others. A member of the Board, Jim Townsend, has given of his time
and has read thousands of hours of paperwork in his tenure on the Board.
Because of one slight mistake, part of which was taken out of context, the
Council is "firing" Mr. Townsend which is extremely unfair. The Board is very
dedicated and the members have never used their position in any way for
political aspirations. The members do not agree on everything which is good
for the people. It is a good Board which has taken 10 to 12 years for some
members just to start to understand what they are recommending involving
complex issues. He is asking that the Council reconsider their vote removing
Mr. Townsend from the Board.
William Kott, 522 Dwyer Drive, Anaheim. He read a letter he had written to
the editor of the Anaheim Bulletin but which had not yet been published. The
letter was defending Mr. Townsend. Removing Mr. Townsend from the Board is
not acting in the best interest of the taxpayers since there never was a
better "watch dog" than Mr. Townsend. In concluding, he feels it would be of
interest in dismissing Mr. Townsend to state the reason why they voted for his
dismissal.
Mr. James Townsend. He asked first if the vote was unanimous and Mayor Bay
confirmed that the vote was 5/0. He (Townsend) did not come to the Council to
apologize for anything. He has devoted 12 years of his life to a Board he was
appointed to in a manner in which he thought was in the best interest of
Anaheim. As a citizen of Anaheim and a member of the Public Utilities Board,
because he asked a new employee if she was from China, that somehow became a
racial slur. He questioned where in the Constitution it stated that there is
no freedom of speech. In his opinion, the Council has made this a political
issue. The fact that the vote was unanimous made it difficult for him to move
from one to the other and that after he was promised by two Council Members
that they would vote with him. He is going to discuss each and every one of
the issues that the people of Anaheim need to know about, especially that part
of the Utility Board that deals with debt service of Anaheim. He then thanked
the Council for taking the time to listen to and allowing him to speak.
Jacqueline Jarrett, 1550 West Tedmar, Anaheim. She submitted and read a
letter dated October 4, 1988 regarding a project that was approved at 1500
West Broadway, (Reclassification No. 88-89-08, Variance 3829 and Waiver of
Council Policy No. 542). The letter requested a rehearing listing five
reasons for the request, the first two being improper notice of the public
hearing and incorrect and incomplete resolutions. She explained there was an
error in the resolution and it is presently being corrected.
946
B4
City Hall. Anaheim. California - COUNCIL MINUTES - October 4, 1988. 6:30 P.M.
City Attorney Jack White explained the item was on the City Council
Informational Calendar on August 30, 1988 which was the 22nd day after the
Planning Commission action and the last day to file an appeal of the Planning
Commission's decision which approved the condominium project with certain Code
waivers. Since there was no appeal and the item was not set for a public
hearing by the Council, the action of the Planning Commission automatically
went into effect. At this time, the Council does not have the jurisdiction to
hear tonight or at a later date or entertain a later hearing, since no hearing
was held by the Council. If there is difficulty in the wording of the
resolutions, when the matter comes back to the Planning Commission agenda, he
suggested that Mrs. Jarrett be at that meeting to assure herself as to the
wording and discuss that with the Planning Commission at the time they adopt
the amended wording. The actions themselves have been approved. The wording
would be subject to some minor correction to reflect the action taken by the
Planning Commission.
Jacqueline Jarrett. She was told they were not going to change them but the
corrections would be handled by a nunc pro tunc resolution. However, the
resolutions had been prepared the second time and still contained an error.
Greg Hastings, Zoning Division Manager. Staff is currently working on a
second nunc pro tunc resolution. He clarified that notice of the public
hearing was done correctly.
City Attorney White. The nunc pro tunc resolutions have to go back to the
Planning Commission and need to be adopted by the Commission to correct
errors. If Mrs. Jarrett has difficulty with the amended language, she can
address that to the Planning Commission. Prior to that, he suggests that she
work with Mr. Hastings to make certain he has the information she wishes to
provide. The matter does not have to come back to the Council.
James Bonsteel, 1203 North Groton. He expressed concern over the creation of
a Labor Relations Department and the personnel involved.
Sam Powell, 1050 West Katella, No. #241, Anaheim. He spoke in opposition to
and took issue with the ordinance that was proposed but not acted upon by the
Council concerning imposing the costs of criminal investigations upon persons
who commit criminal actions. (See item discussed earlier in the meeting). He
feels it is an issue that involves individual's constitutional rights and that
the issue is one of such great import it requires a condemnation from the
Council.
Lee Schlosser, 1823 Beach Boulevard. He explained some difficulties he was
experiencing obtaining information from the Police Department revolving around
his car being vandalized in 1988; Mayor Bay suggested that the complaint be
directed to the Police Department or a letter directed to him.
James Henry, 731 Thrasher Way. He also expressed his concern over the fact
that the proposed ordinance which was not acted upon by the Council concerning
recovering costs for criminal investigations was even contemplated. He urged
that the City continue as they have historically - that services for the
citizens of Anaheim be paid for by citizens out of taxes.
947
City Hall, Anaheim, California - COUNCIL MINUTES - October 4. 1988, 6:30 P.M.
Helen Payne, 1406 Castle Avenue. She asked who was responsible for the
ordinance being proposed at all in the first place; City Attorney White stated
it was presented by him to the Council.
Katherine Davison, 1184 West Vermont. She resents the fact that the proposed
ordinance was even brought forward and questioned why the Council did not stop
it before it came up on a public agenda.
179; ITEMS C1 - CIO FROM THE PIANNING COMMISSION MEETING OF SEPTEMBER 12.
1988. - ~FORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 4. 1988:
Cl.
CONDITIONAL US~ PERMIT NO, 3011 AND NEGATIVE DECLARATION:
OWNERS: MADHUBALA RAMESHBHAI PATELAND ROMESH NAROTTAMBHAI PATEL, ET
AL, ATTENTION: RAHESH N. PATEL, 1914 South Anaheim Boulevard,
Anaheim, CA 92805
LOCATION; 1914 South Anaheim Boulevard
To permit a 64-unit motel.
Planning Commission requested City Council review this item, and
recommended that fees be based on increase of square footage only.
CUP NO. 3011 GRANTED by the Planning Commission, PC88~252.
Approved Negative Declaration.
A letter of appeal was filed by Peter C. Wittlin on behalf of Ray & Mona
Patel. The item was subsequently set for a public hearing before the City
Council on October 11, 1988.
C2, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3043.
CATEGORICALLY EXEMPT. GLASS-3 AND 5:
OWNER: LIGIA DOMINGUEZ, 1223 S. Walnut Street, Anaheim, CA 92802
~OCATION; 1223 S, Walnut Street
To construct a 504 square-foot "Granny Unit" with waivers of (a)
minimum side yard setback, (b) minimum rear yard setback and (c)
minimum number and type of parking spaces.
CUP NO. 3043 GRARTED by the Planning Commission, PC88-253.
Waiver of Code Requirement GRANTED by the Planning G0mmissi0n.
Approved Negative Declaration.
Councilwoman Kaywood requested that the matter be set for a public hearing but
there was no second to her request.
C3,
CONDITIONAL USE PERMIT NO, 3044 AND NEGATIVE DECLARATION:
OWNERS: KYU HO YUN AND YOUNG SOOK YUN, ATTN: KYN HO YUN, 9252
Garden Grove Blvd., Garden Grove, CA 92644
AGENT: CHANH NGOE NGUTEN, 16572 MT. NEOTA, Fountain Valley, CA 92708
LOCATION: 50~-~09 South Brookhurst Street (The Ritz)
To retain a public dance hall with on-sale of alcoholic beverages.
CUP NO. 3044 GRANTED by the Planning Commission, PC88-254.
Approved Negative Declaration.
948
City Hall. Anaheim. California - COUNCIL MINUTES - October 4, 1988, 6;30 P.M.
C5,
C6,
C7,
C8,
VARIANCE NO. 3836 AND NEGATIVE DECLARATION:
OWNERS: VERNON L. FREDERICK AND JEANNE E. FREDERICK, 6272 Tratlcrest
Lane, Yorba Ltnda, CA 92686
DONALD G. NIKOLS AND CARRIED W. KIKOLS, 2532 Circle Drive, Newport
Beach, CA 92663
AGENT: TERRY AND KIKOLS COMPANY, 4 Upper Newport Plaza Drive, #103,
Newport Beach, CA 92660
~OCATION: 1220-32 Diamond Street
To constFuct a 22-untt apartment complex with waivers of (a) maximum
structural height and (b) maximum site coverage.
Variance No. 3836 GRANTED by the Planning Commission, PC88-255.
Approved Negative Declaration.
VARIANCE NO, 3840 AND NEGATIVE DECLARATION:
OWNER: FUJITA CORPORATION USA, P.O. Box 1607, Santa Monica, CA 90406
AGENT: SEABOARD ENGINEERING CO., 1100 S. Beverly Drive, Los Angeles,
CA 90035
LOCATION; Property is aPProx. 10.9 acres on the south side of
Mlraloma Avenue, apDrox, 319 feet east of the centerltne of Fee Ana
Street.
To establish a 22-1ot (plus 1 common lot) industrial subdivision.
Variance No. 3840 GRANTED by the Planning Commission, PC88-256.
Approved Negative Declaration.
CONDITIONAL USE PERMIT NO. 3058 AND NEGATIVE DECLARATION: OWNER: LINCOLN CMA, 2415 Campus Drive, Irvtne, CA 92715
AGENT: DENNIS MAILLY, 4511 Etsenhower Circle, Anaheim, CA 92807
LOCATION; 4511 Etsenhower Circle (KiDs GYmnastics Center)
To retain a gymnastic training center with 29 parking spaces.
CUP NO. 3058 GRANTED by the Planning Commission, PC88-257.
Approved Negative Declaration.
CONDITIONAL USE pERMIT NO, 3061 AND NEGATIVE DECLARATION:
OWNER: LAKEVIEW BUSINESS PARK, 19600 Fairchild, #200, Irvine, CA
92715
AGENT: ARC PHYSICAL THERAPY GLINIG, ATTN: DENNIS FHELF$, 21730
Mackenzie, Yorba Linda, CA 92686
LOCATION; 1240 N, Lakeview Avenue
To permit a physical therapy/fitness center.
CUP NO. 3061 GRANTED (FOR 5 YEARS) by the Planning Commission,
PC88-258.
Approved Negative Declaration.
CONDITIONAL USE pERMIT NO, 3060 AND NEGATIVE DECLARATION:
OWNER: WILLIAM A. COUCH, P.O. BOX 3101, Newport Beach, CA 92663
AGENT: RTM VENTURES, INC., 12235 Beach Blvd., #5, Stanton, CA 90680
LOCATION; ~44 South Harbor Boulevard (Arby's Restaurant)
To permit a drive through lane addition to an existing fast food
restaurant.
949
City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M.
CUP NO. 3060 GRANTED by the Planning Commission, PC88-259.
Approved Negative Declaration.
C9, W6~VER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO. 3059 AND NEGATIVE
OWNER: DONALD T. TAKAI AND DOROTHY M. TAKAI, 3174 W. ROME AVENUE,
ANAHEIM, CA 92806
AGENT: MAGDY HANNA, 4400 MacArthur Blvd., 9th Floor, Newport Beach,
CA 92660
LOCATION: 150 South Dale Avenue
To establish a 27 space mobilehome park with waiver of minimum side
yard.
CUP 3059 GRANTED by the Planning Commission, PC88-260.
Waiver of Code Requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
REPORTS AND RECOMMENDATIONS:
CiO, CONDITIONAL USE PERMIT NO. 2845 AND VARIANCE NO. 3603 - REQUEST FOR
APPROVALOF SPECIFIC PLANS: Property is located at the northwest corner of
Santa Aha Canyon Road and Weir Canyon Road.
CUP NO. 2845 and Variance No. 3603 were granted at a public hearing
by City Council held November 25, 1986, and a one year time extension
(retroactive to November 25, 1987) was granted by Council at the
meeting of July 19, 1988.
Specific Plans for CUP NO. 2845 and Variance No. 3603 APPROVED by the
Planning Commission.
179; ITEM Cll FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 26. 1988
INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 4. 1988
Gll. ENVIRONMENTAL IMPACT REPORT NO. 283 (PREV. GERT,) - REQUEST TO AMEND
CONDITION NO. 96 OF TRACT MAPS RELATING TO SYCAMORE CANYON SPECIFIC PLAN
(SP88-%) VESTING TENTATIVE TRACT NOS. 12987. 12988, 12989. 12990. 12991.
12992, %~99~, 12994, 12995, 12996, ~3153, 13154 AND %3155
OWNERS: WOODCREST DEVELOPMENT, ATTN: James Highland, 17911 Mitchell
Avenue, Irvine, GA 91714
AGENT: FRANK ELFEND AND ASSOCIATES, 4675 MacArthur Court, Suite 660,
Newport Beach, CA 92660
LDCATION: Sub3ect property comprises 13 Vesting Tentative Tracts
~ptaling approximately 328.9 acres, located southeast of the
southerly terminus of Weir Canyon Road and southwest of Santa Aha
Canyon Roa4, bounded on the northwest by the East Hills Planned
~o~munity. on the southeast by The Summit of ~nahe~ Hills Planned
~mmunity. and on the southwest by The Hi_~hlands at Anaheim Hills
Specific Plan development and further described ~s Sycamore Canyon
(SP88-1).
950
30
City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M.
Amendment of Condition No. 96 of Vesting Tract Maps (Sycamore Canyon
Specific Plan, SP88-1) APPROVED by the Planning Commission.
Joel Ftck, Planning Director. He explained for Mayor Bay that Condition No.
96 was similar to the item the Council discussed at the Council meeting of
September 27, 1988 involving the Sycamore Canyon Project. It involves the
landscaping and CC&R's and the timing for the implementation of that
condition. It was approved by the Planning Commission. The timing was moved
to sale or occupancy.
End of Planning Commission Informational Items. MOTIONS CARRIED.
179; ORDINANCE NOS, 4966 AND 4967 - INTRODUCTION: Councilman Bay offered
Ordinance Nos. 4966 and 4967 for introduction.
ORDINANCE NO, 4966; 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. 87-88-54
located at 2201 W. Lincoln Avenue, from RS-A-43,000 to CL)
ORDINANCE NO, 4967: 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. 87-88-55
located at 3826 W. Lincoln Avenue, from CL and RS-A-43,000 to RM-1200)
114; DISCUSSION OF NIGHT COUNCIL MEETINGS; Councilman Hunter referring to
recent articles in the Anaheim Bulletin covering the question of night Council
meetings noted that according to the comments made, there are three people on
the Council ready to have night meetings.
Councilman Hunter thereupon moved that the subject of holding night Council
meetings be placed on the Council agenda of October 11, 1988 for discussion -
that there be night Council meetings starting with City business at 3:30 p.m.,
Closed Sessions between 5 and 6:30 p.m. and the public hearing portion held
starting at 6:30 p.m. Councilman Ehrle seconded the motion. Councilman Bay
voted no. MOTION CARRIED.
RECESS: Councilman Bay moved t0 recess to the public hearin~ portion of the
Council agenda at 8:00 p.m. Councilman Hunter seconded the motion. MOTION
CARRIED. (7:45 p.m.)
~ The Mayor called the meeting to order, all Council Members
being present. (8:05 p.m.)
179; PUBLIC HEARING - VARIANCE NO, 3828, CATEGORICALLY EXEMPT, CLASS 3-A:
APPLICANT: OWNER:
Tony W. Baxter
6401 E. Nohl Ranch Road, No. 9,
Anaheim, CA 92807
LOCATION/REQUEST: The property is located at 7635 E. Silver Dollar Lane.
request is to construct a 2-story, 31.5 foot high, single-family residence
with waiver of maximum structural height.
The
951
27
Hall. A~heim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M.
ZONING ADMINISTRATOR ACTION: The Zoning Administrator under Dec[sion
No. ZA88-50 approved Variance No. 3828 in part, for 28 feet.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilman
Hunter and Councilwoman Kaywood at the meeting of August 30, 1988, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 22, 1988.
Posting of property September 23, 1988.
Mailing to property owners within 300 feet - September 21, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Zoning Administrator dated August 11, 1988.
Councilman Ehrle.
He is excusing himself from discussion and voting since he has a
potential conflict of interest relative to the subject hearing.
He has in escrow at the present time property that is within 300
feet of Mr. Baxter's property. Councilman Ehrle left the
Council dais.
APPLICANT'S
STATEMENT:
Tony W. Baxter, 6401 E. Nohl Ranch Road.
This is his 4th hearing and he has learned that each case has an
individual quality. He would like this property Judged on its
own merits and demerits and not other property. The Anaheim
Hills area has gone through tremendous change in the last 20
years. To get the value out of the cost of the land, it is
necessary to build a more substantial residence on it. He
submitted documents to the Council entitled - Points to be
considered in the application for Variance No. 3828 to the home
to be built at 7635 Silver Dollar Lane. Nine points were listed
and attached therewith were 8 X 10 copies of photos of the
property with renderings of the home as it would look on the
site. Outlined in red was that portion over the 25-foot height
limitation. Also attached were letters from neighbors closest
to the proposed residents all in support of the house design
(all documents made a part of the record). Mr. Baxter's
presentation was briefing of the material submitted aided by a
model of the home which was set up beside the podium. In
concluding his presentation, he stated that he has done a lot of
talking to his neighbors who are all in support. Three are
present tonight to speak in support. He is asking that the
Council approve his application for a variance.
PUBLIC DISCUSSION-
IN FAVOR: Nancy Feinstein, 7665 East Silver Dollar Lane.
She has been a resident at the subject address for 22 years.
She feels ambivalent on this issue since she and Mitzy Ozaki
have been friends over those many years. In the 22 years she
has lived on Silver Dollar Lane, no houses have been built on
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that street and one house was torn down. It is used as a
"lover's lane" and she is eager to see a good development built
there. Hr. Baxter's proposal is a lovely home and will be an
asset. They not only have no objection to the proposal, but
support it very strongly.
Patrtcta Sauers, 116 South Eucalyptus.
They are in favor of the development. She can site an occasion
only last Friday night when the police had to go up into the
area. It is now an open area where kids park, there has been
drinking, etc. The house will be an asset to the area.
James Myers, 102 Eucalyptus.
They are not new to Anaheim Hills but are at the subject
address. They are in favor of the requested variance.
PUBLIC DISCUSSION-
IN OPPOSITION:
Phillis Duncan, 7625 Pleasant Place.
They moved to the area in 1976 and were assured that the area
was protected by a 1971 declaration that the area was a scenic
corridor overlay zone. In 1973 when the Mohler area was annexed
to the City, they were contractually promised specific building
and zoning codes, one being that height could not exceed 25
feet. The codes are very important to them.
Mitzy Ozaki, 340 Timken Road.
She started her presentation by submitting to the Council a
petition containing 270 signatures in opposition to the
requested waiver of the 25-foot height limitation. The
residents who signed are from the Mohler, Del Georgio, Martin,
Martella areas and also include 17 names from the Eucalyptus and
Silver Dollar areas. (Petition made a part of the record). She
also submitted her letter dated October 2, 1988 which she
briefed which emphasized that the residents of Peralta Hills and
the Santa Aha Canyon area (Mohler annexation) were assured
subsequent to annexation that the area would be maintained as
one of the finest, low density residential areas in the City.
In 1971, the City declared the area in the ~cenic corridor
overlay zone. Height waivers are in opposition to the stated
scenic corridor goals. She hopes that the Council is comprised
of men and women of vision who will preserve the unique
amenities of the scenic corridor. Variance No. 3830 is not in
keeping with those standards.
SUMMATION BY APPLICANT: Tony Baxter.
He is doing something that is totally pleasant for anyone to
see. He has not heard anyone speak on how they will be hurt by
what he is planning to do, but three people have spoken on how
his proposal is going to improve and be an asset to the
neighborhood. His lot is very long and dog-legged. It has
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beautiful trees which he is preserving requiring a tight pad on
which to build. He used the Canyon View Estates development as
a yard stick to develop his home. The plan is the smallest of
the homes in that development with much smaller lots which is
also in the scenic corridor and all models are taller than
25 feet. His lot is 250 feet in width and economically it is
difficult for him to put a tiny house on the lot. He clarified
for Councilman Pickler that he is asking for a height of
31 feet. Nineteen homes have been built at Canyon View Estates
in the last two years which he is copying and they are above
that height. He did a preliminary redesign and the untrained
eye would not be able to tell the difference in the look of the
house in that adjustment. He also clarified that he thought
from the beginning that the height limit was 30 feet.
Twenty-eight feet as approved by the Zoning Administrator would
cause him to have to start over on the design of the house.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Mayor Bay.
He first clarified that when public hearings are set, they are a
hearing de novo meaning that the entire project and any prior
decisions made by the Planning Commission or Zoning
Administrator are subject to change or revision in any way the
Council sees fit. He has a lot of regard for Mrs. Ozaki's
opinion; however, in this case there is no impact to the
neighbors and no evidence that the neighbors are opposed to the
development but on the contrary are in favor. He has difficulty
in saying that any ordinance or law in the City is perfect and
word-for-word should be enforced. It is not possible to write
such an ordinance and have it apply in every case. The Council
has been asked to do that by many people in the Hill and Canyon
area. It is not fair, he does not feel it can be done, and it
has not been done throughout the Hills. He does not feel that
6-1/2 feet in this instance makes any difference. It will not
be a precedent maker. He sees nothing wrong with the requested
variance. The height issue has become almost a cause and that
is why it is under study by the Planning Commission right now.
He believes if laws are going to be applied, it is necessary to
consider the individual application and use common sense. In
this case, it follows that the proposed house is going to be a
beautiful addition to the Hills.
Councilwoman Kaywood.
She is concerned over what is happening in the Hills. It is a
unique area and a limited one. She is going to uphold the
25-foot height limit because she feels it makes a difference and
will continue to do so.
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Councilman Hunter.
He lives in the Hills and is concerned over what happens. There
is a major complex planning study underway at present and staff
has devoted many hours looking at all of the areas. He knows
the subject area very well. Looking at the topography where Mr.
Baxter is building, added to the fact that none of his immediate
neighbors have any objection to his proposed design and quality
of the building, he agrees with the Mayor in this case. He
commends Mrs. Ozaki for all the work she does but disagrees with
the objections on this project.
Councilman Pickler.
The 25-foot height limitation has been in effect for many years
and is in the process of being evaluated at the present time.
He feels it is necessary to follow the present guidelines.
Those guidelines may change but at this time the ordinance must
be maintained at the 25-foot limit.
Mayor Bay.
He asked the City Attorney, without predetermining the vote on
the issue, if the vote is split 2 in favor and 2 against, can
there be a vote by a member having it declared conflict.
City Attorney White.
He answered no. The Political Reform Act will not allow a
Council Member who has declared a conflict to vote to break a
tie where there are sufficient votes on the Council that an
action could be taken. Only three members need to adopt a
resolution to approve or deny.
Councilman Bay moved to continue the public hearing on Variance No. 3828 for
60 to 90 days with the intent to hold the matter over until completion of the
Planning study and final action by the Planning Commission and City Council
regarding height limitations. Councilman Pickler seconded the motion.
Before a vote was taken, City Attorney White confirmed that it is necessary to
specify a date certain and also since the continuance goes beyond the November
Election, that those new Council Members will need to familiarize themselves
with the item.
Joel Fick, Planning Director. The Planning Commission is presently reviewing
the ordinance and will be discussing the matter at both of their next two
Planning Commission meetings. They had announced to the public at their last
hearing that they were going to be discussing the issue at the Planning
Commission meeting next Monday, October 10, 1988 and the meeting of
October 24, 1988.
Councilman Bay amended his motion that the public hearing on Variance No. 3828
be continued to the meeting of November 29, 1988. Councilman Pickler seconded
the motion.
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Before a vote was taken, City Attorney White indicated that concurrence of the
applicant was necessary; Mr. Baxter noted that he did not have any option but
to wait until that date although it was very disconcerting to him because the
matter had been pending since April and it was very costly to him.
A vote was then taken on the motion to continue the public hearing to Tuesday,
November 29, 1988. MOTION CARRIED.
RECESS: By general consent the Council recessed for ten minutes. (8:52 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (9:07 p.m.)
179/123:
NO. 2288
PUBLIC HEARING PROPOSED AMENDMENTS TO CONDITIONAL USE PERMIT
REQUESTED BY:
Howard D. Coleman, Nossaman, Guthner, Knox & Elliott
Thirty-First Floor, 445 South Figueroa Street,
Los Angeles, CA 90071-1602 (on behalf of Anaheim Hotel Partnership).
LOCATION: Anaheim Hilton and Towers, 777 W. Convention Way. Anaheim, CA 9280?
(located generally north of Convention Way and West of Harbor Boulevard).
Conditional Use Permit No. 2288 is for an eleven-story (plus mezzanine), 160
foot high, 1600-room hotel and related uses, including on-premise sale and
consumption of alcoholic beverages, with a waiver of the minimum number,
design and type of off-street parking spaces.
The proposed amendments relate to (1) correction of the legal description
contained in the existing resolution, (2) reducing the minimum number of
off-street parking spaces required for the hotel to 1539 spaces, and (3)
adding and amending certain conditions of approval relating to the off-street
parking requirements for said hotel as set forth in Section 18.06.010.020 of
the Anaheim Municipal Code. The City Council will also consider approval of a
Negative Declaration for this project pursuant to provisions of the California
Environmental Quality Act.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 22, 1988.
Posting of property September 22, 1988.
Mailing to property owners within 300 feet - September 22, 1988.
City Attorney, Jack White.
The Council has received and has before it correspondence dated
September 16, and September 28, 1988 on behalf of the applicant
from the law firm of Nossaman, Guthner, Knox & Elliott and also
correspondence dated October 3, 1988 from Sheppard, Mullin,
Richter & Hampton, all of which have been made a part of the
record. It would now be appropriate to open the hearing.
APPLICANT'S
STATEMENT:
A1 Coffer, Nossaman, Guthner, Knox & Elliott, 31st Floor,
445 South Figueroa Street, Los Angeles, CA 90071-1602.
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It is a very modest request involving three changes to the
existing Conditional Use Permit - a change to the legal
description to correct typographical errors made in the original
Conditional Use Permit, the second a reduction in the number of
parking spaces, that is parking spaces the hotel will lease from
the private party. The prior number was based upon an estimate
of the plans and specifications. The requested number of 1,539
is based upon an actual count of the spaces that exist in the
proposed location. Finally, they want to comply with Chapter
18.06 of the Anaheim Municipal Code which will require an
agreement to be approved by the City Attorney. This requirement
was fulfilled before the installment sale agreement and under
this new arrangement it will be fulfilled by a proposed lease of
the parking spaces.
PUBLIC DISCUSSION:
David McCarty, Sheppard, Mullin, Richter & Hampton, 333 South
Hope Street, Los Angeles, representing Security Pacific National
Bank.
The bank has submitted written comments in response to the
application. The bank was concerned that the language of the
proposed resolution as originally proposed might be misconstrued
as overriding certain provisions of an agreement between the
City and the Anaheim Hilton Partnership dated June 14, 1988 that
clarified the conditional use permit. Anaheim Hilton
Partnership has since revised the language of the resolutions
such that the bank is no longer concerned that it can be so
misconstrued and, therefore, the bank has no opposition to the
application.
Mayor Bay then clarified a question posed by Lee Schlosser, 823
Beach Boulevard, that the matter related to an existing hotel
and not one that was going to be built.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Ehrle, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 88R-376 and 88R-377)
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. MOTION CARRIED.
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City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M.
Councilman Pickler Resolution No. 88R-376 for adoption, amending Conditional
Use Permit No. 2288 and Resolution No. 88R-377 for adoption, approving a lease
agreement as satisfying requirements of Anaheim Municipal Code Section
18.06.010.020. Refer to Resolution Book.
RESOLUTION NO. 88R-376: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITIONAL USE PERMIT NO. 2288 AND THE WAIVER OF MINIMUM
OFF-STREET PARKING REQUIREMENTS CONTAINED THEREIN AS SET FORTH IN RESOLUTION
NO. 82R-125.
RESOLUTION NO. 88R-377: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING LEASE AGREEMENT AS SATISFYING REQUIREMENTS OF MUNICIPAL CODE
SECTION 18.06.010.020.
Roll Call Vote on Resolution Nos. 88R-376 and 88R-377:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
Kaywood
None
The Mayor declared Resolution Nos. 88R-376 and 88R-377 duly passed and adopted.
ADJOURNMENT: Councilman Pickler moved to adjourn to Tuesday, October 11, 1988
at 11:00 a.m. for a Closed Session. Councilman Bay seconded the motion.
MOTION CARRIED. (9:15 p.m.)
LEONORAN. SOHL, CITY CLERK
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