1987/09/29City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood, Bay
ABSENT: COUNCIL MEMBERS: Hunter
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DIRECTOR, PARKS, RECREATION AND COMMUNITY SERVICES:
ASSISTANT DIRECTOK FOR ZONING: Annika Santalahti
CIVIL ENGINEER: Jay Titus
TRAFFIC AND TRANSPORTATION ENGINEER: Paul Singer
Chris Jarvi
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:00 p.m. on September 25, 1987 at the Civic Center kiosk,
containing all items as shown herein.
REQUEST FOR CLOSED SESSION: City Attorney JackWhite requested a Closed
Session to consider the following items:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No. 40-92-46; City of Anaheim vs.
Anaheim Hotel Partnership O.C.S.C.C. No. 46-96-59.
b. Labor relations matters - Government Code Section 54957.6.
Ce
54956.9(c).
Personnel matters - Government Code Section 54957.
Potential litigation pursuant to Government Code Section
Councilman Bay moved to recess into Closed Session. Councilman Pickler
seconded the motion. Councilman Hunter was absent. MOTION CARRIED.
(12:10 p.m.)
AFTER RECESS: The Mayor called the meeting to order, and welcomed all those
in attendance. (2:06 p.m.)
INVOCATION; Dr. Ernest Furness, Anaheim Adventist Church, gave the
Invoca~ion.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay
and authorized by the City Council:
Domestic Violence Awareness Week in Anaheim, October 4-10, 1987.
870
City H~ll, Anmheim~ California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M~
Minority Enterprise Development Week in Anaheim, October 5-10, 1987.
Escrow Month in Anaheim, October, 1987.
Josephine Cranston accepted the Domestic Violence Week in Anaheim
Proclamation and Scott Hunt accepted the Escrow Month Proclamation.
119: EXPRESSION OF WELCOME: An Expression of Welcome was unanimously
adopted by the City Council and presented to Linda Bauer on behalf of the
National Society of Patient Representatives holding their sixteenth annual
national conference in Anaheim October 5 through October 9, 1987 and
commending their members for their caring actions for those in need.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held September 1, September 8 and September 15, 1987. Councilman
Bay seconded the motion. Councilman Hunter absent. MOTION CARRIED
FINANCIAL DEMANDS AGAINST THE CITY in the amount of 33,027,235.74
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the
resolutions contained in the Consent Calendar were read by the City Manager.
Councilman Bay moved to waive the reading in full of all ordinances and
resolutions on the Consent Calendar, and that consent to waiver is hereby
given by all Council Members, unless after reading of the title, specific
request is made by a Council Member for the reading of such ordinances or
resolutions in regular order. Councilman Pickler seconded the motion.
Councilman Hunter absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Councilwoman
Kaywood offered Resolution Nos. 87R-396 through 87R-405, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Douglas Klug for property damage sustained
purportedly due to actions of the City on or about August 14, 1987.
b. Claim submitted by Linda Barcelona for bodily injury sustained
purportedly due to actions of the City on or about May 15, 1987.
c. Claim submitted by Diane Howard for bodily injury sustained
purportedly due to actions of the City on or about July 18, 1987.
d. Claim submitted by Heylee Lin Winters for bodily injury sustained
purportedly due to actions of the City on or about July 18, 1987.
871
City Hall~ Anaheim, California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M.
e. Claim submitted by Mercury Casualty Insurance Company (Insured: Ronald
Cole) for property damage sustained purportedly due to actions of the City on
or about July 14, 1987.
f. Claim submitted by American Association of Retired Persons for
indemnity for damages sustained purportedly due to actions of the City on or
about May 27, 1987.
Claims filed against the City - Recommended to be Accepted:
g. Claim submitted by Josephine Talavera for property damages sustained
purportedly due to actions of the City on or about July 13, 1987.
h. Claim submitted by Glen Rediess for property damages sustained
purportedly due to actions of the City on or about August 31, 1987.
i. Claim submitted by Maxcy F. Collins for property damage sustained
purportedly due to actions of the City on or about August 11, 1987.
2. Receiving and filing the following correspondence: (on file)
a. 105: 'Community Redevelopment Commission, Minutes of September 2, 1987.
b. 105: Public Utilities Board, Minutes of August 20, 1987.
c. 105: Parks, Recreation and Community Services, Corrected Minutes of
July 22, 1987.
3. 109: Authorizing the Mayor to sign a letter to the California Department
of Transportation requesting access to Imperial Highway from shopping centers
located at the southwest, northwest and northeast corners of La Palma Avenue
and Imperial Highway.
4. 150/106: Accepting donations from Cal Auto Dealers Exchange and Canyon
Hills Junior Women's Club for the Kids for Parks and Oak Canyon Nature Center
Programs in the amount of ~1,000 and ~1,562, respectively, and increasing
appropriations to Account Nos. 01-273-5115 by $1,000 and Account No.
24-273-7100 by $1,562 and expenditure Account No. 01-273-3222 by ~2,562.
5. 139: Support ~R 2858/9 1567 to provide £or re£unds pursuant to rate
decreases under the Federal Power Act and authorizing the Mayor to communicate
said position to the City's elected Representatives in Washington.
6. 123: Authorizing an agreement with Pacific Theatres, Inc., to provide
parking spaces on Anaheim Stadium Parking Lot for overflow swap meet parking,
at a minimum of $1,000 for the first 1,000 vehicles per day, and $.50 for each
additional vehicle, for the term July 1, 1987 to June 30, 1989.
7. 106: Authorizing carryover of reserve appropriations in the amount of
$27,953,595.46 from FY 1986/87 funds to FY 1987/88.
872
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
8. 123: Authorizing a contract with the City of Brea to provide police
helicopter services in the Carbon Canyon area at a cost of ~207 per hour of
flight service.
9. 153/175/116/152: Authorizing the City Manager to adjust the base annual
salary for the Public Utilities General Manager from $102,800 to $116,164,
effective September 18, 1987; and from $116,164 to the maximum of salary range
SR15 (currently $123,272), effective December 23, 1988.
10. 151: Authorizing an Encroachment License with Richard A. Anthony to allow
encroachment on 6.75 feet across a 15-foot easement for sewer, water and storm
drain facilities with a portion of a room addition on property located at 1800
East Cliffpark Way. (87-9E)
11. 151: Authorizing an Encroachment License with Rockwell International to
allo%~ the encroachment of PVC conduits for computers and telephone
communications between Rockwell buildings on the north and south sides of La
Palma Avenue, west of Miller Street. (87-11E)
12. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corporation in the
amount of $12,710 for one used 1970 GMC 6500 COE fuel tank truck.
13. 170/123: Approving the assignment of a special water facilities
reimbursement agreement with Canyon Heights to Municicorp, relating to a
portion of Tract No. 9602, in the Anaheim Hills area.
14. 160/123: Accepting the low bid and authorizing the execution of a
contract with TRW Information Systems in the amount of $55,232 per year for a
term of five years, to maintain IBM and STC tapes/printers, in accordance with
Bid No. 4480.
15. 175: RESOLUTION NO. 87R-396: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Rehabilitation of
Water Wells, Account No. 52-619-6329-07649; and opening of bids on October 29,
1987, 2:00 p.m.)
16. 175: RESOLUTION NO. 87R-397: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Slope Protection
at Walnut Canyon Reservoir, Account No. 52-619-6329-08991; and opening of bids
on October 29, 1987, 2:00 p.m.)
17. 150: RESOLUTION NO. 87R-398: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDINGAND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Play Equipment at
Brookhurst, Rio Vista, Pearson and Chaparral Parks, Account Nos. 16-821-7107,
16-851-7107, 16-820-7107 and 16-833-7107 respectively, with opening of bids oF,
October 29, 1987, 2:00 p.m.)
873
City Hall~ A-mheim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
18. 150: RESOLUTION NO. 87R-399: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SOUTHERN
CALIFORNIA BUILDERS) (in the amount of $71,000, for George Washington
Community Center, Account Nos. 25-848-7107 and 16-848-7107)
19. 175: RESOLUTION NO. 87R-400: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALT~ ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(SANITARY SEWER MODIFICATIONS) (Account No. 11-790-6325-E0630, Gosh
Construction Corporation, contractor, and authorizing filing of the Notice of
Completion therefor)
20. 169: RESOLUTION NO. 87R-401: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(LINCOLN AVENUE STREET IMPROVEMENT, 493 feet east of Kingsley Street to 231
feet east of Rio Vista Street, Account Nos. 15-793-6325-E3090 and
51-484-6993-00710, Sandoval Paving Company, contractor, and authorizing filing
of the Notice of Completion therefor)
21. 169: RESOLUTION NO. 87R-402: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINATJ.Y ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(MAGNOLIA AVENUE STREET, STORM DRAIN, SEWER AND WATER IMPROVEMENTS, Account
Nos. 15-793-6325-E3070, 12-791-6325-E1540, 51-484-6993-00710,
55-669-6993-07511, 52-606-6329-06564 and 52-606-6329-06876, Sully Miller
Contracting Company, contractor, and authorizing filing of the Notice of
Completion therefor)
22. 153: RESOLUTION NO. 87R-403: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 811{-151 RELATING TO PERSONNEL RULE 7,
APPOINTMENTS AND PROMOTIONS. (to permit appointment of part-time employees to
vacant full-time positions, effective August 25, 1987)
23. 176: RESOLUTION NO. 87R-404: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (87-6A) (Declaring intent to abandon a
portion of an existing storm drain easement east of Weir Canyon Road and north
of Santa Ama Canyon Road, Abandonment No. 87-6A, and setting a date for the
public hearing therefor - suggested date: October 27, 1987, 3:00 p.m.)
24. 158: RRg0LUTION NO. 87R-405'. A RESOLUTION OF T~E CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
Roll Call Vote:
AYES:
NOES:
AB SF~T:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Ehrle, Pickler, Kaywood and Bay
None
Hunter
The Mayor declared Resolution Nos. 87R-396 through 87R-405, both inclusive,
duly passed and adopted.
End of Consent Calendar. Councilman Hunter was absent. MOTION CARRIED.
874
City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
123: AGREEMENT WITH CHRISTIAN TEMPORARY HOUSING FACILITIES: Report dated
September 17, 1987 was submitted by staff recommending that the Council
authorize an agreement with Christian Temporary Housing Facilities
(CCTHF) from May 15 to October 1, 1987. This item was withdrawn by staff at
this time.
123/106: AGREEMENT WITH AMATEUK ATHLETIC FOUNDATION OF LOS ANGELES:
Authorizing an agreement with the Amateur Athletic Foundation of Los Angeles
to receive a grant in the amount of $9,040 to purchase boxing and
weight-training equipment for the Anaheim Athletic Boxing Club; and
appropriating the grant revenue and expenditure into fund and program account
No. 01-345 Submitted was report dated September 21, 1987 from Chris Jarvi,
Director of Parks, Recreation and Community Services recommending approval of
the agreement.
Mr. Jarvi briefed his report and then introduced representatives who were
present in the Chamber audience, Steve Montiel, Vice President of Programs for
the Amateur Athletic Foundation of Los Angeles, Elder Charles Bush and Kev.
Don Dexter from the First Presbyterian Church. Following the presentation of
the check, Mr. Gonsalvo Garcia, the boxing trainer, introduced some of the
boys he has been working with.
Mr. Montiel stated that with Southern California's endowment from the 1984
Olympic Games, the Amateur Athletic Foundation is committed to trying to
increase participation in the sport. One of the ways this has been done is
through the Grants Program. He was pleased to be present to present the check.
Rev. Don Dexter, First Presbyterian Church, offered their congratulations to
the Amateur Athletic group for winning the grant.
Mr. Gonsalvo Garcia then introduced some of the boxers in the program who were
present in the Chamber audience. He also explained their participation
in the program.
MOTION: Councilman Bay moved to authorize an agreement with the Amateur
Athletic Foundation of Los Angeles to receive a grant in the amount of 39,040
to purchase boxing and weight-training equipment for the Anaheim Athletic
Boxing Club; and appropriating the grant revenue and expenditure into fund and
program account No. 01-345. Seconded by Councilwoman Kaywood. Councilman
Hunter absent. MOTION CARRIED.
175/123: FIRST AMENDMENT TO AGREEMENT WITH METROPOLITAN WATER DISTRICT OF
ORANGE COUNTY (MWDOC): Councilwoman Kaywood moved to authorize the First
Amendment to the Agreement with the Municipal Water District of Orange County
(MWOOC) to provide educational services to Anaheim schools on water related
subjects as recommended in memorandum dated September 18, 1987 from the Public
Utilities Board. Councilman Ehrle seconded the motion. Councilman Hunter
absent. MOTION CARRIED.
105: APPOINTMENTS TO THE ECONOMIC DEVELOPMENT BOARD: Mayor Bay nominated
Marshall Krupp to the Economic Development Board for the term ending June 30,
1988; Councilman Ehrle nominated Thomas Heinz for the term ending June 30,
1988.
875
City Hall~ An-heim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
Councilman Bay moved to close nominations. Councilman Pickler seconded the
motion. Councilman Hunter absent. MOTION CARl{IF/).
Marshall Krupp and Thomas Heinz were thereupon appointed to serve on the
Economic Development Board by acclamation.
Mayor Bay noted that many excellent people applied to serve on the Board. He
urged the Council to look strongly at those people to add to the Committee on
Vision 2000. They are very fine people offering their services to the City.
Councilwoman Kaywood. There are many people giving a tremendous amount of
time on Vision 2000. She did not want to bypass them for someone who has not
worked on the project at all. She added that it was gratifying to see such
interest by so many fine people volunteering their time.
108: APPLICATION FOR PUBLIC DANCE PERMIT: Councilman Bay moved to approve an
application for a Dinner Dancing Permit submitted by Salvador Rubalcaba and
Efren Gutierrez, for E1 Conejo Feliz, 1750 West Lincoln Avenue, seven days a
week from 8:00 p.m. to 1:30 a.m., in accordance with the recommendations of
the Chief of Police. Councilman Pickler seconded the motion. Councilman
Hunter absent. MOTION CARRIED.
114: APPOINTING A COUNCIL REPRESENTATIVE TO LEAD A DRLKGATION TO MIT0,
JAPAN: Mayor Bay announced that he is not going to be able to go on the trip
to Anaheim's Sister City, Mito, Japan. Councilman Pickler volunteered to take
up that duty which will be highlighted by Mito's tenth celebration of their
Sister-City relationship with the City of Anaheim.
MOTION: Councilman Ehrle moved to appoint Councilman Irv Pickler as the
Council's representative to lead the delegation to Mito, Japan and authorizing
an expenditure of funds for expenses in connection therewith. Councilman Bay
seconded the motion. Councilman Hunter absent. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held September 14, 1987, pertaining to
the following applications were submitted for City Council information.
1. VARIANCE NO. 3676 (READY.): Submitted by Peralta L.T.D., to construct 41
single-family residences at a height not to exceed 39 feet on KS-A-43,000
zoned property located on the north side of Nohl Ranch Road, approximately 300
feet northeast of the centerlime of Old Bucket Lame, with Code waiver of
maximum structural height.
The applicant withdrew his application.
2. RECLASSIFICATION NO. 87-88-06 AND VARIANCE NO. 3683: Submitted by Petra
Galvin, for a change in zone from RM-2400 to RM-1200, to construct a
seven-unit apartment complex on property located at 403 South Clementine
Street, with the following Code waivers: (a) Maximum site coverage, (b)
maximum number of bachelor units, (c) minimum structural setback, (d) minimum
recreational-leisure area.
876
City Hall, Ansbeim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
The applicant withdrew his application.
3. CONDITIONAL USE PERMIT NO. 2932: Submitted by Thrifty 0il Company, to
permit a convenience market with gasoline sales and off-sale beer and wine on
ML zoned property located at 727 So. East Street, with the following Code
waivers: (a) Maximum number of small car spaces (denied), (b) Minimum
landscape area.
The City Planning Commission, pursuant to Resolution No. PC87-180, granted in
part, Conditional Use Permit No. 2932 and granted a negative declaration
status.
4. RECLASSIFICATION NO. 87-88-01 AND CONDITIONAL USE PERMIT NO. 2920:
Submitted by I-Hsiung Kuo and Shuchin Liao Luo, for a change in zone from
RS-A-43,000 to CL, to permit a two-story, 46-unit (previously 50-unit) motel
on property located at 1556 West Katella Avenue, with the following Code
waivers: (a) Maximum fence height, (b) minimum number of parking spaces, (c)
maximum structural height.
The City Planning Commission, pursuant to Resolution No. PC87-181 and 182,
denied, Reclassification No. 87-88-01 and Conditional Use Permit No. 2920, and
granted a negative declaration status.
5. RECLASSIFICATION NO. 87-88-03 AND VARIANCE NO. 3679: Submitted by Philip
W. Ganong, et al, for a change in zone from RS-A-43,000 to RS-5000, to
establish a 12-lot, 10-unit, single family, residential subdivision on
property located at the southwest corner of Short Street and Kellogg Drive,
with the following Code waivers: (a) Required lot frontage, (b) minimum lot
width.
The City Planning Commission, pursuant to Resolution No. PC87-183 and 184,
granted Reclassification No. 87-88-03 and Variance No. 3679, and granted a
negative declaration status.
6. RECLASSIFICATION NO. 87-88-13 AND CONDITIONAL USE PERMIT NO. 2945:
Submitted by Richard Gardner, for a change in zone from RS-A-43,000 to CL, to
permit a self-service car wash on property located at 1777 W. La PalmaAvenue,
with Code waiver of maximum width of vehicular accessway.
The City Planning Commission, pursuant to Resolution No. PC87-189 and 190,
granted Reclassification No. 87-88-13 and Conditional Use Permit No. 2945, and
granted a negative declaration status.
Councilman Pickler posed questions to staff relative to whether or not the
alley behind the proposed car wash was going to be paved with asphalt or
concrete; Annika Santalahti, Zoning administrator. There is a condition that
water is to be disposed of satisfactory to the City Engineer. She will verify
with the Engineering Office the drainages to be provided by an on-site drain.
7. CONDITIONAL USE PERMIT NO. 2942: Submitted by Suburban Manufacturing Co.,
to retain a truck repair facility on ML zoned property located at 1183 No.
Kraemer Place, with Code waiver of minimum number of parking spaces.
877
City Ha!l, A-,heim~ Cs!!fornia - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC87-193, granted
Conditional Use Permit No. 2942, and granted a negative declaration status.
8. CONDITIONAL USE PERMIT NO. 2947: Submitted by East Anaheim Enterprises,
to permit an industrially related o~fice complex (including industrially
related sales businesses) in the Anaheim Canyon Industrial Area on ML(SC)
zoned property located at 5100 through 5150 East La Palma Avenue, with Code
waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC87-194, granted
Conditional Use Permit No. 2947, and granted a negative declaration status.
9. CONDITIONAL USE PERMIT NO. 1858--EXTENSION OF TIME AND REVISED PLANS:
Submitted by Orris E. Pittman, requesting to amend conditions of approval of
Resolution Nos. PC78-126 and PC85-265 for approval of an extension of time and
for a revised exhibit to retain a private cat kennel and to permit an outdoor
maintenance and storage yard for heavy equipment on ML zoned property located
at 1401 No. Jefferson Street.
The City Planning Commission, pursuant to Resolution No. PC87-195, granted
Conditional Use Permit No. 1858 - Extention of time and Revised Plans, and
ratified the Planning Director's categorical exemption determination
(Classes 1 and 3)
10. CONDITIONAL USE PERMIT NO. 2074--TERMINATION: Submitted by Richard C.
Hunsaker, requesting termination of Conditional use Permit No. 2074, to retain
an automobile repair shop on ML zoned property located at 2785 Regal Park
Drive, as a condition of approval of Conditional Use Permit No. 2931.
The City Planning Commission, pursuant to Resolution No. PC87-196~ terminated
Conditional Use Permit No. 2074.
11. CONDITIONAL USE PERMIT NO. 1746--TERMINATION: Submitted by Richard E. and
Beverly A. Dunham, requesting termination of Conditional Use Permit No. 2074,
to permit outdoor steam cleaning on property located at 1176 Osprey Circle, as
a condition of approval of Variance No. 3618.
The City Planning Commission terminated Conditional Use Permit No. 1746.
12. CONDITIONAL USE PERMIT NO. 2844 AND VARIANCE NO. 3603--SPECIFIC PLANS:
Submitted by Clyde Carpenter & Associates, Inc., to permit a gas station with
a mini-mart and a car wash, on property located at the intersection of
Riverside Freeway and Weir Canyon Road, with frontage on Santa Ana Canyon Road.
The City Planning Commission approved Conditional Use Permit No. 2844 and
Variance No. 3603 - Specific Plans.
13. RECLASSIFICATION NO. 87-88-10 AND VARIANCE NO. 3691: Submitted by Konald
Thomas Boswell, for a change in zone from RS-A-43,000 to RM-1200 to construct
a 34-unit "affordable" apartment complex on property located at 2011 and 2017
West Ball Road, with the following Code waivers: (a) Minimum building site
area per dwelling unit, (b) maximum structural height, (c) maximum site
coverage.
878
City Hall, An~heim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC87-185 and 186,
granted Reclassification No. 87-88-10 and Variance No. 3691, and granted a
negative declaration status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
14. RECLASSIFICATION NO. 87-88-12 AND VARIANCE NO. 3697: Submitted by Yosiko
Yamane, for a change in zone from RS-A-43,000 to RM-1200, from RS-A-43,000 to
RM-1200 on properties located at 2767, 2775 and 2785 West Ball Road (Ball Road
east of Dale), to construct a 3-story, 77-unit "affordable" apartment complex,
with the following Code waivers: (a) Minimum building site area per dwelling
unit, (b) maximum structural height, (c) maximum site coverage, (d) minimum
sideyard setback, (e) minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC87-187 and 188,
granted Reclassification No. 87-88-12 and Variance No. 3697, and granted a
negative declaration status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
End of Planning Commission Informational Items.
179/185: SET ~.ARING-RECLAgSIFICATION NO. 87-88-14, CONDITIONAL USE PERMIT
NO. 2946, AND DEVELOPMENT AGREEMENT NO. 87-01: Hanover Real Estate
Associates, for a change in zone from ML to CO, to permit 1,235,375 square
foot commercial/office complex, including 56,000 square feet of accessory
retail uses, to be included within five buildings ranging in height from 100
to 223 feet and three multi-level parking structures over a ten-year,
five-phase period, and Development Agreement No. 87-01 between the City and
Hanover Real Estate Associates relating to development of the property, and
Code waiver of minimum structural setback.
The City Planning Commission, pursuant to Resolution No. PC87-191 and 192
granted Reclassification No. 87-88-14, Conditional Use Permit No. 2946 and
Development Agreement No. 87-01 with the recommendation that Council consider
the Reclassification and Conditional Use Permit in conjunction with the
Development Agreement No. 87-01.
City Clerk Sohl announced that a request had been received from the applicant
asking that another date for the public hearing other than the suggested date
of October 13, 1987 be set.
After a brief Council discussion relative to an appropriate date, Councilman
Bay moved that a date and time for the public hearing on the subject
Reclassification, Conditional Use Permit and Development Agreement be Tuesday,
October 27, 1987 at 3:00 p.m. The motion was seconded by Councilman Pickler.
Councilman Hunter absent. MOTION CARRIED.
179: REVIEW OF THE ZONING ADMINISTRATOR'S DECISIONS - SEPTEMBER 10~ 1987:
879
City Hall~ A-ahei% C-ltfornia - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
1. VARIANCE NO. 3688: Submitted by Prank Lawson and Phyllis Louise Landon,
to construct a retaining wall structure and covered patio in the side and rear
yards of RS-HS-10,000 zoned property located at 4021 Maple Tree Drive, with
the following Code waivers: (a) Minimum side yard structural setback, (b)
minimum rear yard structural setback.
Annika Santalahti, Zoning Administrator, pursuant to ZA87-19, approved
Variance No. 3688, and ratified the Planning Director's categorical exemption
determination (Class 5). The decision date was September 15, 1987.
2. VARIANCE NO. 3699: Submitted by Taiyo Investments USA, to construct 49,
two-story, single-family residences ranging in height from 26 to 38 feet on
approximately 33.9 acres north of the northwesterly corner of Via Arboles and
Ramsgate Drive (Tract No. 9524).
Annika Santalahti, Zoning Administrator, pursuant to ZA87-21, approved
Variance No. 3699, and granted a negative declaration status. The decision
date was September 15, 1987.
3. ADMINISTRATIVE ADJUSTMENT NO. 87-04: Submitted by Scott Clausen, to
permit an addition to an existing industrial distribution center with 896
parking spaces proposed and 996 parking spaces required on property located at
610 South Olive Street.
Annika Santalahti, Zoning Administrator, pursuant to ZA87-22, granted
Administrative Adjustment No. 87-04. The decision date was September 16, 1987.
4. ADMINISTRATIVE ADJUSTMENT NO. 87-05: Submitted by Millard Archuleta
Architects, to retain an existing truck loading ramp and dock with 400 parking
spaces proposed (443 spaces required) at 3148 and 3170 West Lincoln Avenue.
Annika Santalahti, Zoning Administrator, pursuant to ZA87-23, granted
Administrative No. Adjustment No. 87-04. The decision date was September 23,
1987.
5. VARI~CE NO. 3695: Submitted by Peralta, L.T.D., to construct a
two-story, 40-foot high, single-family residence on property located at 4851
Copa De Oro Drive.
Annika gantalahti, 2oning Administrator, pursuant to ZA87-20, approved
Variance No. 3695, and ratified the Planning Director's categorical exemption
determination (Class 5). The decision date was September 15, 1987.
Councilman Pickler stated he had received calls regarding the item. He asked
the permitted height in the area.
Annika Santalahtt, Zoning Administrator. It is 25 feet in the scenic
corridor.
Councilman Pickler. He wanted to know if they were setting a precedent that
is going to happen in all the homes planned for that area or if they were to
be taken on an individual basis. A height waiver was turned down recently by
the Council in the Peralta Hills area.
88O
City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
Annika Santalahti. The 40 foot pertains to towers or architectural devices on
the structure and not occupied space. She understood there might be more
coming in. As the lots differ in relationship to adjacent properties, that
has to be taken into consideration. Staff is looking at a possible Code
change to increase the height from 25 feet to 30 feet and possibly make some
additional recommendations to exclude certain things beyond chimneys which
will be going to the Planning Commission soon.
Councilman Pickler. Since he had received calls on the issue, he is going to
set a public hearing; Councilman Kaywood stated she too had received calls.
She asked whether on the Zoning Administrator public hearings notification was
the same as that given to public hearings before the Planning Commission and
City Council.
Hiss Santalahti answered the procedures are identical, notification of those
within a 300 foot radius around the property in question. If others contacted
staff ahead of time and left their address, an addendum will be added to the
mailing list to include those people.
Mayor Bay. It would be interesting to go over why those particular height
limitations were set in the first place.
Miss Santalahti then clarified that this was one house out of 41 that would
eventually be built in the area. Originally there was a submittal to the
Planning Commission for all 41 homes which was withdrawn. The Commission
indicated their displeasure with the waiver being requested without seeing any
details at all.
A public hearing will be scheduled at a later date be~fore the Council.
End of Zoning Administrator Informational Items.
114: SCHEDULE FOR CITY COUNCIL MEETINGS: To consider establishing a
different time schedule for City Council meetings, including conducting all or
some of these during evening hours. This matter was discussed and continued
from the meeting of September 22, 1987 to this date. (See minutes of
September 22, 1987.)
City Clerk Sohl announced that two people requested to speak to the issue.
Bill Erickson, 301 E. North St. He agrees that some evening meetings are
important to a segment of the population. He suggests that a compilation of
desired evening meetings be left to the discretion of the Mayor and City Clerk
staff and the Mayor be subject to the call for evening meetings. He likes day
meetings and feels the public does too. He has been present at evening
meetings that have sometimes gone to 2:00 and 3:00 a.m. which is Just as bad
as the other way.
Betty Ronconi, 1241 S. Walnut St. On September 16, 1987, area 65 of the
Anaheim Homeowners Association (AHA) held a meeting where this topic was
discussed and the general consensus of opinion was that evening meetings would
be a welcome change since most persons under retirement age are working in
881
Cit~ Hall~ A-~hmim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
daytime hours. They encouraged the Council to go forward with their
suggestion for the evening meetings. As Councilwoman Kaywood stated, they are
aware that it was tried in the past and people did not attend but it is the
feeling that at this point in time there is a reawakening of interest
especially among the younger generation who would like to be able to
participate. She would recommend at least a trial basis to see what the
response will be.
Councilman Pickler. The Council should give evening meetings a trial.
Councilman Hunter who is a supporter of the concept is absent. He moved that
they continue the matter to the meeting of October 13, 1987 for full Council
action. Councilman Ehrle seconded the motion.
Before action was taken, Mayor Bay stated that Councilman Hunter's absence
today was unexpected. He has talked to him and the general consensus is to
set up evening meetings on a trial basis. One of the options supplied by
staff as requested by the Council at the previous meeting (see memo dated
September 24, 1987 from the City Attorney listing option 1 and option 2) is
that evening meetings be held one night each month on a trial basis and that
that night be designated since it would be important in planning for
advertising of public hearings. He has no problem with the motion for
continuance but it would delay action for some time. If it is the intent to
have the first evening meeting in November, he will go along with the motion
for continuance.
Councilman Ehrle. He is withdrawing his second. He is prepared now to go
along with one of the two options outlined by staff.
Council discussion followed relative to the options and alternate suggestions
by Council Members. The consensus was that option 2 be tried and that the
start of the evening meetings be the first Tuesday in November.
Councilwoman Kaywood. She never remembers in her tenure on the Council where
the Council has refused to hold an evening meeting when requested on an issue
of great importance. She knows that the School Board is constantly being
criticized because they start their meetings at 7:00 p.m. and rarely finish
before 3:00 a.m. She would also propose a substitute motion to continue the
matter for two weeks so that it can be properly thought out. She is also
concerned with starting evening meetings the ~irst Tuesday in November since
that is a School District election and Anaheim also has a Water Bond issue on
the ballot.
City Attorney Jack White. He asked if it is the intent of the maker of the
motion that the Council meeting (including Agency and Authority) start at 6:30
p.m. and public hearings at 8:00 p.m.
Councilman Pickler agreed with that as did Councilman Ehrle in his second. A
vote was then taken on the motion clarified as follows: That when evening
Council meetings are held the public portion of the meetings start at 6:30
p.m. with public hearings to be held at 8:00 p.m. (Closed sessions to start
at approximately 4:00 p.m.) Councilman Hunter was absent. MOTION CARRIED.
882
City ~a!l~ Anaheim, California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M.
MOTION: Councilman Bay moved that the above time schedule for evening Council
Meetings be started at 6:30 p.m. with Public Hearings to be held starting at
8:00 p.m. (Closed sessions to start at approximately 4:00 p.m.) Councilman
Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED.
RECESS: By general consent the Council recessed for ten minutes. (3:21 p.m.)
AFTF~ RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Hunter. (3:37 p.m.)
111: 1987 HALLOWEEN FESTIVAL: Request by Jim Cain, Halloween Festival
Committee, for funding in the amount of $11,000 to cover liability insurance
coverage for the Festival. (See his letter request to the Council dated
September 22, 1987.) Submitted was report dated September 23, 1987 from Chris
Jarvi, Director of Parks, Recreation and Community Services recommending that
the Council determine a policy regarding the Committee's request for funding.
Mayor Bay. He reminded the Council last year when the issue of requested
funding for the festival and parade was before the Council, the Council made
it clear the range of services already provided by the City amounted to over
$30,000 across Maintenance, Streets, Sanitation, Police and Parks, Recreation
and Community Services. The Council also made it clear to the people who
wanted to assure continuance of the festival which is done by many volunteers,
if they had funding problems, they should spend time during the year prior to
the festival raising the money so they would not have to come back to the
Council with additional requests.
Mr. Jim Cain, 4336 East Addington Dr., Anaheim, new President of the Halloween
Festival Committee (HFC). Last year someone made the remark that the
organization would never come back for help but unfortunately the organization
cannot put on a parade which attracts approximately 100,000 people to Anaheim
without assistance in providing for insurance which this year is $13,580 in
comparison to last year's amount of $3,500. They tried to bring in the
Chamber to joint venture with them in order to take advantage of the insurance
but they were also not able to obtain insurance. Because of their inability
to get the insurance at a cheaper rate, the Chamber had to pull out. The HFC
has total expenses of $27,245. They have an anticipated income of $12,690.
It is obvious they cannot run the organization at a deficit when it is all
volunteers to begin with. They were originally asking ~or ~11,000 (a~ was
indicated on the agenda) but the added costs, as was evident from the budget
he submitted, their expenses were higher than they normally would have been if
they stayed at their prior facilities which people continually complained
about. He is, therefore, asking the Council to either donate ~13,500 to the
HFC for the insurance for this year which he as president for next year will
attempt to have the fund raisers his predecessors promised which they failed
to do, or ask the City to self insure the event. The City is already involved
in the event. The volunteers are Just trying to keep the package together for
the community.
Mayor Bay. Their advice from staff is to not consider the self insurance
involved within the City insurance.
883
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M.
Council Hembers gave their input to the request:
Councilman Ehrle. The Halloween Festival/Parade has been a tradition in
Anaheim for years. However, he has a difficult time saying that Council is
going to bail out the HFC once again. He does believe there should be some
type of assistance but instead would like to see a challenge grant - a
challenge for the Chamber, business community and civic organizations to see
what they are going to do to help raise the necessary funds instead of having
the taxpayers answer that challenge. He suggested that the Visitor and
Convention Bureau would have a vital interest in the event. He suggested that
they present a challenge to the HFC of no more than 56,500 and see if the
Committee can match that amount in two weeks. Otherwise, he cannot go along
with the 513,500 request.
Councilman Pickler. The event is for the benefit of the 100,000 people who
attend it. It is a worthwhile cause and something he does not want to see
end. He feels the other 56,b00 can be raised. There are those in the City
that will accept the challenge. He will commit to helping to try to raise the
amount. He is aware of the skyrocketing costs of insurance. It is necessary
to get to their State Legislators to do something about that situation.
Hr. Cain. There are 91 entries in the parade and 21 floats in the process of
being built. If he has to go out again and continue as he has done for the
last three months to attempt to raise money and fails and the City fails,
everyone will suffer.
Councilman Ehrle. He suggested as an alternative that the funds be loaned to
the organization Just as they had done with other organizations with the idea
that the funds would be paid back within a short period of time. He thereupon
moved to draft some type of instrument for a loan to the agency with the idea
that it be paid back through the mutual efforts of everyone for the total
amount within twelve months
Before any action was taken, Mr. Cain stated he appreciated the offer but the
problem is, were they going to face reality today or next year. They will be
faced with the same problem next year. The business community downtown is
"tight with the buck'.
Councilman Ehrle clari£ied his motion for the Mayor that a loan be made to the
RFC of ~6,500 for the Halloween Festival to be paid back in twelve months and
also give the Committee the other ~6,500. Councilman Pickler seconded the
motion.
City Attorney Jack White. He suggested the wording that the City grant the
Halloween Festival, Inc. $6,500 and that the Halloween Festival, Inc. execute
a promissory note at no interest to the City for $6,500 payable within one
year and that the entire 513,000 be paid upon execution of the note. This was
agreeable to Council Members Ehrle and Pickler.
Mr. Cain. He does not see a problem with repaying the 56,500 after the
event. Presently they have $5,600 in the bank to cover part of the expenses
this year. That will give enough time to go out into the market and try to
884
City Hall, Amaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
obtain at least $13,500 because they do not know what the insurance rate is
going to be next year. They are already making changes in next year's
program. For instance, next year's entries will have to pay an entry fee to
get into the parade. He hopes they do not have to come back next year and
that they can succeed on their own.
Mayor Bay. They have talked along these lines every year for the past three
years. The whole essence of the issue is whether there is public support for
the Halloween Festival/Parade, or if there is not. If the Council continues
to subsidize the event to the extent that it does, it does not prove if there
is public support or not, particularly from the business community. He has
reached the point of no return - either the parade stands or falls on its own
feet.
A vote was then taken on the foregoing motion. Councilman Bay voted no.
Councilman Hunter was absent. MOTION CARRIED.
City Manager Bob Simpson. He noted that Council did not identify a source for
the funds and asked if the Council wanted it left to staff. He was not
certain at this point what was left in the Council Contingency Fund.
Councilman Pickler stated it should be left to staff; Councilman Bay suggested
that it come out of Parks and Recreation; Councilwoman Kaywood was opposed to
any additional funds coming from Parks and Recreation. Having delayed the
funding for Park Rangers, she did not want to see them penalized for this.
Before concluding, Mr. Cain stated the Committee would like to have the
Council declare Friday, October 30, 1987 Trick or Treat Night in Anaheim as
the Halloween Parade will be held on Saturday Night, October 31, 1987.
There was no formal action by Council on that issue; Mayor Bay asked that the
record show he has no views on when Trick or Treat Night will take place.
179: CONTINUED PUBLIC HEARTNG - CONDITIONAL USE PERMIT NO. 2929 AND NEGATIVE
DECLARATION:
APPLICANT:
Chez Grand'Mere
1239 North Harbor Blvd.,
Anaheim, Ca. 92801
REQUEST/ZONING/LOCATION: To permit the expansion of a private pre-school and
day care center for a maximum of 84 students on CG zoned property located at
1239 North Harbor Boulevard, with the following Code waivers: (a) Minimum
number of parking spaces, (b) required loading and unloading area.
PLANNING COMMISSION ACTION: Resolution No. PC87-142 granted Conditional Use
Permit No. 2929; approved Ell{Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler at the meeting of August 11, 1987. This matter was continued from the
meeting of September 22, 1987, to this date.
885
City Hall~ An~heim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M.
PUBLIC NOTICE REQUIREMENTSMET BY:
Publication in Anaheim Bulletin September 11, 1987.
Posting of property September 11, 1987.
Mailimg to property owners within 300 feet - September 11, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 20, 1987.
APPLICANT'S
STATEMENT:
Donovan Floriani, 512 N. Pine Way in Anaheim was present to
answer questions.
COUNCIL CONCERNS:
Councilman Pickler.
He set the matter for public hearing because of his concern over
the location of the pre-school and increasing the number of
students from 56 to 80 plus. There is a freeway adjacent to the
school which is located on busy Harbor Boulevard. Congestion
coming off the freeway onto Harbor where children will be
dropped off will add to an already existing problem of traffic
and congestion. He is concerned with the safety aspect
involved.
Mr. Floriani.
The pre-school is presently operating near capacity with 50
students. There is no congestion. It is very unusual to see
more than one or two cars loading or unloading at one time. He
has not heard many complaints from clients. The school is
functioning very well at this time. The school is on Harbor
Boulevard where the right-of-way is at 100 feet. Due to
long-termCity planning, the City is eventually going to widen
Harbor Boulevard to the 130 foot right-of-way. With the curb
set where it is now, they have good access to the school. There
is ample parking. Their design was to reflect the ultimate
expansion of the school to 84. When they applied for the
Conditional Use Permit this time, staff looked at the ultimate
plan which he is willing to venture will never happen. He is
willing t0 gamble that Harbor Boulevard will aever expand to the
full right-of-way at least in the near future. Om the last
drawing they submitted, the expansion they planned is not in the
right-of-way. Should Harbor ultimately be widened to 130 feet,
they would then have to modify their building so they could
continue to have their driveway to avoid parking on the street.
These same issues were addressed at the Planning Commission. A
new motel was built to the north and it was built in the
right-of-way but because it is a pre-school, special conditions
apply to it and they have to be subjected to all those
interpretations. He was hoping to get an answer from the
Council on this determination prior to the permit time.
886
City Hall~ Anmheim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M.
Councilman Pickler.
If the City ever has to widen Harbor Boulevard, it will create a
hazard if approval for expansion is given. Safety of the
youngsters is his concern.
Paul Singer, Traffic Engineer.
At the time the item came before the Planning Commission, he
recommended denial because in his opinion expansion of the use
at the subject location with the type of loading and unloading
that takes place, it would be unsafe to do so. Presently the
ADT on Harbor Boulevard at that location is 36,900 vehicles. He
cannot overemphasize how unsafe the condition could become.
Mr. Floriani.
They have an adequate driveway with off-the-street loading and
unloading. Their concern for safety is more than the
Council's. Liability insurance is extremely expensive and they
do not want anything to happen to the children. Mr. Singer is
drawing the line as if their driveway no longer exists and as
though the widening of Harbor has already occurred.
Paul Singer.
He was addressing existing conditions on the property. He went
out to look at it and there is space for four cars if they are
squeezed on that driveway. The way people, normally park
realistically there can be only two cars. With that many more
children, it would require them to stop at the curb. Traffic
does exit the freeway at a high rate of speed.
Mayor Bay.
He asked if there was discussion on limiting the use of the
Conditional Use Permit until the actual widening takes place and
have it expire at that time.
Paul Singer.
The problem exists today. It will become worse in the future
because there will be less space with a smaller driveway.
Anntka Santalahti, Zonins Administrator.
There was no time limit placed on the Conditional Use Permit.
The Planning Commission was willing to go with this request even
though there was no time constraint on the street widening as
Council had done on a recent decision on day care. Condition
No. 12 suggested by the applicant pertains to the property owner
indemnifying the City for any difficulties on site because of
the street widening and hence the reduction on on-site parking.
What is now a loop driveway will be eliminated because of the
way the building curves on the property. Fifteen feet comes off
the front of the property and eliminates that loop driveway.
887
City Hall, An,heim~ C~l~fornia - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
Paul Singer.
He does not believe there is any problem with the number of
children the school has now but expanding that number is his
concern,
Mr. Floriani.
The State of California has said that for each student it is
necessary to have so many square feet of outside area and
classrooms and the State also requires a loading and unloading
area. The State frowns upon pre-school unloading in the
street. When the time comes and the City finds it necessary to
widen Harbor, it will be necessary to make a decision as to what
to do. It is their intent to provide as low cost service as
possible to the community. When they bought the property, they
bought it with the intent to fully utilize it.
Councilman Ehrle.
He is going to ask for a two week continuance since he has not
been able to physically view the property. He did not think
there was a major problem.
Councilman Pickler.
He is amenable to a two week continuance.
Mr. Floriani.
He encouraged all Council Members to visit the school and to
introduce themselves to the director who will give a tour of the
facility.
Mayor Bay.
In a letter Mr. Floriani previously submitted, he asked some
questions such as why he should pay $9,500 on future unknown
street widening. Since this is a hearing de novo, if the
Council chose to allow the expansion until the widening of
Harbor Boulevard occurred and set that as when the Conditional
Use Permit would expire, he asked the City Attorney would there
then be any grounds for collecting the $9,500 for the street
widening if the Conditional Use Permit was limited as to when
that widenin~ took place.
City Attorney Jack White.
The requirement on dedications and payment of cost of
improvements is a Code requirement that attaches at the same
time the building permits are issued for either the original
construction or expansion. Because of that, it would not be
wiped away simply by a condition that provided that the permit
expired upon the widening of the street.
Mayor Bay asked if any one was present regarding this item either in favor or
opposition; there was no response.
888
City Hall, Anaheim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M.
MOTION: Councilman Ehrle moved to continue the public hearing on Conditional
Use Permit No. 2929 to Tuesday, October 13, 1987 at 3:00 p.m. Councilman
Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2160 - EXTENSION
OF TIME:
APPLICANT:
Ralph Alexander, (Sunwest Metals)
1874 South Anaheim Boulevard
Anaheim, Ca. 92805
REQUEST/ZONING/LOCATION: Requesting a 3-year extension of time to retain a
recycling center on ML zoned property located at 1874 South Anaheim Boulevard.
PLANNING COMMISSION ACTION: Resolution No. PC87-133 granted Conditional Use
Permit No. 2160 to expire June 22, 1990, and previously approved an EIR -
Negative Declaration.
HEARING SET ON:
Appealed by Farano & Kleviet, attorneys representing Sunwest Metals. This
matter was continued from the meeting of September 1, 1987, to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 20, 1987.
Posting of property August 21, 1987.
Mailing to property owners within 300 feet - August 20, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 22, 1987.
APPLICANT'S
STATEMENT:
Joan Virginia Allen, Attorney from the law firm of Farano and
Kieviet. She requested a continuance of the public hearing to
October 27, 1987.
Mayor Bay asked if anyone was present regarding this item either in favor or
in opposition; there was no response.
MOTION: Councilman Bay moved to continue the public hearing on Conditional
Use Permit No. 2160 to Tuesday, October 27, 1987 at 3:00 p.m. Councilman
Pickler seconded the motion. Councilman Hunter was absent. MOTION CARFRIED.
170: PUBLIC HEARING - TENTATIVE TRACT NO. 12665--WAIVER OF HILLSIDE GRADING
ORDINANCE:
APPLICANT:
Hunsaker and Associates, Inc.,
3 Hughes
Tustin, Ca. 92718
REQUEST/ZONING/LOCATION: Request for waiver of lot line requirements of the
Hillside Grading Ordinance on property located on the north side of Mohler
Drive, approximately 60 feet east of the centerline of Country Hill Road and
further described as 270 South Mohler Drive.
889
City Hall, Anaheim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M.
PLANNING COMMISSION ACTION: The Planning Commission, at their meeting of
August 31, 1987, recommended approval of the requested waiver.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 17, 1987.
Posting of property September 18, 1987.
Mailing to property owners within 300 feet - September 18, 1987.
PLANNING STAFF INPUT:
See report dated August 6, 1987 from the Public Works Engineering Department
to the Planning Commission recommending that the Commission recommend approval
of the subject request to the City Council.
APPLICANT'S
STATEMENT:
Gary McCann, Vice President, Trider Corporation, 12 Corporate
Plaza, Newport Beach. He explained there are four lots on
Mohler Drive. He is asking that the property line be at the toe
of the slope. All of the slopes are to be maintained by a
Master Association. Answering Council questions, he reported
that 11 homes are involved in the Master Association. He has no
idea what their stand is on the request.
Councilwoman Kaywood.
She had received a couple of phone calls relative to drainage.
Gary McCann.
There are several large drainage systems going in on Mohler.
Plans are presently in City Hall for review. There is a massive
storm drain system goin~ into that property.
Jay Titus, Office Engineer.
The request for the waiver of the lot line would have no bearing
at all on any drainage involved with the tract. The Hillside
Ordinance requires a certain set-back of the lot line from the
toe on top of the slope. If there is no lot line involved, it
requires the structure to be setback a certain distance from the
toe or top of the slope. In this case, the lot line is not
being set back as far as the Ordinance requires. However, the
building is set back the distance that would be required if
there was no lot line. Even though the lot line is closer to
the toe, the structure is the required distance from the toe of
the slope. He believes it is 15 feet but it does not affect the
drainage on the lot or on the tract at all.
Councilwoman Kaywood.
The concern was with no curbs or gutters on Mohler and it is a
narrow street. When it rains it is not carried away but floods
the lot itself.
Jay Titus.
The developer is constructing a storm drain which will pick up
water from Mohler which will reduce that flooding problem. They
are also constructing a second storm drain that will take
89O?
City Hall~ An~heim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M.
water from the tract to the north and put it in an existing
underground storm drain. The slope adjacent to Mohler would be
sloping the other way so it would slope away from the street
rather than toward it.
Mr. McCann.
They are improving Mohler Drive in front of the entire length of
the property. The City required them to go half way. They are
negotiating with the City to improve the entire width of the
street. The slopes are graded two to one and every slope is
required to be landscaped. They are putting a lot of money into
the landscaping. It will be well done and well maintained. He
does not believe there will be any problem.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
MOTION: Councilman Pickler moved to approve waiver of the Hillside Grading
Ordinance relating to Tentative Tract No. 12665 . Councilwoman Kaywood
seconded the motion.
Before a vote was taken, City Attorney Jack White recommended that the motion
of approval incorporate, "finding of special circumstances as required by Code
Section 17.06.290 of the Anaheim Municipal Code that there are special
circumstances or impracticality of employing a conforming lot line in this
particular case".
Councilman Pickler incorporated the finding as articulated by the City
Attorney in his motion as did Councilwoman Kaywood in her second. A vote was
then taken on the foregoing motion. Councilman Hunter was absent. MOTION
CARRIED.
179: CONDITIONAL USE PERMIT NO. 2938 AND NEGATIVE DECLARATION:
APPLICANT:
Raymond A. and Connie Y. Masciel
1127 W~st North Street
Anaheim Ca. 92801
REQUEST/ZONING/LOCATION: To permit a 4-unit senior citizens apartment complex
on RM-2400 zoned property located at 1222 West Pearl Street, with Code waiver
of minimum building site area per dwelling unit.
PLANNING COMMISSION ACTION: Resolution No. PC87-162 granted Conditional Use
Permit 2938; approved EIR Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of September 8, 1987 and public hearing scheduled this
date.
891
City Hall, Aneheim, California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 17, 1987.
Posting of property September 17, 1987.
Mailing to property owners within 300 feet - September 18, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 17, 1987.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She received many calls to set the matter for a public hearing.
The neighborhood is very concerned. The applicant originally
submitted a proposal for four apartments which was denied and
now the proposal is for four apartments for senior citizens.
The neighborhood wants the area to remain RM-2400 zoning as it
is now which would accommodate two apartment units. The
neighbors want the neighborhood to remain as is.
APPLICANT'S
STATEMENT:
Gary Masciel, 420 South Euclid, Anaheim.
The original request was to change the zoning from RM-2400 to
EM-1200. The neighbors were concerned with traffic, privacy
with regard to two stories, and appearance. They redesigned the
project to allow for a less dense project with more landscaping
so that it would be an enhancement to the area and would not
create two stories. They subsequently proposed senior citizen
apartments because there would be less traffic and a lesser need
for parking and there is also a demand for senior citizen
dwellings, one bedroom units with two people maximum. Some of
the neighbors were under the impression because it was a duplex
or because it was RM-2400 there would be a stipulation that no
two stories be allowed. Even with single family, two stories
are allowed. The other concern was that the proposal would
change the zoning in the area from RM-2400 to 1200 which was
discussed at the Planning Commission hearing. It would not do
that. This was strictly for the senior citizen project and it
was a single story development.
Councilwoman Kaywood.
Senior citizens apartments require that they be close walking
distance to banks, grocery stores, doctors, etc. She has driven
through the area and those facilities do not look close enough
to her.
Gary Masciel.
Anaheim Plaza is less than one half mile away and Lincoln Avenue
is within one tenth of a mile. There is also close freeway
access for visitations. Anaheim Memorial Hospital is .7 miles
away. Everything is pointed out in the study that was
previously submitted (see "Accessibility to Services Report" -
made a part of the record).
892
City Hall, Anaheim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M.
Councilwoman Kaywood posed a further line of questioning to Mr.
Masciel revolving around the issues of parking and State
requirements relative to senior citizen housing.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Ray McWilliams, 1212 West Pearl Street.
He spoke to Mr. Masciel and told him he could alleviate his
problem if he would take the time to meet with some of the
neighbors to work out a plan. There were mostly single family
residences and duplexes in their area. There are fourplexes at
the end of the street which are not a major concern but the
developer wants to put his project in the middle of a block of
single family residences.
Councilman Pickler.
It is beneficial for a developer to meet with the people in the
area in which he proposes to build. He suggested a continuance
of the item in order to accomplish that. He thereupon moved
that the public hearing be continued for two weeks.
The motion died for lack of a second.
Councilman Pickler.
He then asked staff if it was possible for Mr. Masciel to build
two stories without coming before the Planning Commission or the
City Council.
Annika Santalahti, Zoning Administrator.
The underlying zoning permits two RM-2400 units based on 2,400
square feet of land per unit. There is about 6,600 square feet
on the lot, enough for two units only. It could be one or two
story.
Mr. McWllliams.
He understands that. On behalf of the residents o~ Pearl Street
and their supporters, he first thanked the Council for granting
them the opportunity for a hearing. They are making an appeal
for the preservation of their neighborhood as a desirable place
to live. It is a quiet residential area composed of
predominantly single family homes and a few duplexes. Pictures
were taken of the area on Thursday when the streets were being
swept which is the only time there are no vehicles on the
street. A petition was signed and presented to the Planning
Commission where the change in zoning was denied. The residents
petitioned the Planning Commission on July 27, 1987 for a change
in direction from medium to low-medium density on the general
plan. While they have no objection to senior citizen
apartments, they are concerned with the number of units proposed
893
City Hall, Anaheim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M.
to which they take strong opposition. It is over-building the
property and would create a number of problems not only for the
neighborhood, but also for the proposed tenants. Parking is
also a concern. If each unit is occupied by two people, the
need for three more parking spaces would arise. There would be
parking on the street thus compounding the problem that already
exists. The alleyway is also too narrow for two cars to pass
one another. Maneuverability is also difficult in the alley as
evidenced by the posted photograph. Their neighborhood is a
very desirable place in which to live and this proposal is going
to change what is a quiet, close-knit neighborhood.
Margaret Carter, 1224 West Pearl Street.
She submitted a petition signed by 70 people who live in the
area expressing opposition to the project (made a part of the
record). The project will eventually be considered sub-standard
housing under the guise of senor citizen housing. The residents
like Pearl Street the way it is now and are asking the Council
to keep it that way.
Mary Dunlap, 1209 Pearl Street.
She is speaking for Phyllis Martin owner of the house at 1205
Pearl. Only part of the neighborhood is present because they
have had to appear so many times at the various hearings. The
Council's decision today could alter the entire atmosphere of
their neighborhood. People living there are long-term
residents. The neighbors protect each others children and
property. They do not want extra people, crowding and a
decrease in parking. The developer wants an economic gain on
his property. They want quality and not quantity in their
neighborhood and are willing to work with the developer. They
urged this Council not to destroy the integrity of their
neighborhood.
Beverly Moore, 1243 West Pearl.
The fourplexes are across the street from her. She urged the
Council to apply their zoning regulations evenly. They keep
mixing them up. On any day but Thursday, there is no parking
available on Pearl Street. Trash is also quite a problem. She
asked that they consider the matter carefully before allowing
too many units to be built on a piece of property.
INFORMATION BY APPLICANT:
Mr. Masciel refuted statements made in opposition in regard to
parking, density, two story structures and quality of
construction.
Mayor Bay.
He asked Mr. Masciel what Justifies not meeting the RM-2400 zone
in order to develop at 1,650 square feet per dwelling unit.
894
City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
Gary Masciel.
There were concerns expressed regarding open space, lot
coverage, two stories, privacy and parking. They had to allow
for those things. Doing that within Code and not requiring
waivers of setback they felt was a justification.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood.
She read a condition relating to senior citizen housing relative
to the necessity for proximity and accessibility of necessary
services to such housing. That they be within walking distance
of such facilities as grocery stores, banking services, medical
facilities, etc., was the Justification for a parking waiver.
Senior citizens would then be able to walk to services that were
within two or three blocks thus eliminating the need for a
vehicle. That meant they could require less than one half of
the parking spaces required of any apartment. This proposal
does not meet that particular test.
Councilman Ehrle.
There is a group of residents concerned about the integrity of
their neighborhood. The Council has seen in the inner city
people wanting to maintain a detached single family environment
as much as possible. The design of the fourplex is very nice
and it would be a good project on another street. The location
is wrong.
Councilwoman Kaywood.
She received a great many calls. It is important to preserve
neighborhoods such as the subject area. It is a precious
resource in Anaheim. She is also pleased that the Planning
Commission took action to approve the neighborhood's request for
a change to low-mediumdensity in that neighborhood which will
be coming to the City Council shortly.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kayw00d, seconded by Councilman Bay, the ¢lty 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. Councilman Hunter was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The title of the following
resolution was read by the City Manager.
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
895
City Hall~ Anabeim~ California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M.
Councilwoman Kaywood offered Resolution No. 87R-406 for adoption denying
Conditional Use Permit No. 2938 reversing the findings of City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 87R-406: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2938.
Roll Call Vote:
AYES .'
NOES. '
ABSF2IT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler, Kaywood and Bay
None
Hunter
The Mayor declared Resolution No. 87R-406 duly passed and adopted.
RECESS: By general consent the Council recessed for five minutes. (5:21 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Hunter. (5:25 p.m.).
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2934AND NEGATIVE
DECLARATION:
APPLICANT:
Ruby G. Delgado
102 Eucalyptus Drive,
Anaheim, Ca. 92807
REQUEST/ZONING/LOCATION: Requests to permit a synagogue with classroom and
day care facilities on RS-HS-22,000(SC) zoned property located at 102 South
Eucalyptus Drive, with the following Code waivers: (a) Permitted location of
parking lot, (b) minimum number of parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC87-152 denied Conditional Use
Permit No. 2934; approved EIR Negative Declaration.
HEARING SET ON:
The decision of the Planning Commission was appealed by the applicant and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 17, 1987.
Posting of property September 18, 1987.
Mailing to property owners within 300 feet - September 18, 1987.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 3, 1987.
APPLICANT'S
STATEMENT:
Fred Cohen, Attorney, and also a member of Friends of Lubavitch
of Orange County which is the proposed usage of the property.
The Conditional Use Permit does not violate the standards
imposed on governmental authority that must be met as a
condition of granting the permit. The proposed use of the
896
City Hall, Anaheim~ California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M.
property for religious and educational purposes is not
detrimental to the peace, health, safety and general welfare of
the City nor is it injurious to the property or improvements of
the surrounding neighborhood. The proposed use would be a vast
improvement over the present state of the property. The school
would only have a student population of approximately 25
students, many of whom arrive in carpools. Traffic entering and
leaving the property is minimal. There will not be additional
traffic congestion on Eucalyptus because of the proposed
religious use. The synagogue has only limited membership and
operates primarily on Saturdays and other Jewish holidays.
Being the first property off Santa Ana Canyon Road, the
homeowners uphill will not be affected by the small amount of
traffic into or out of the site. "Traffic" would be comprised
primarily of local residents who would be using the streets in
any event. Any additional traffic along Santa Ana Canyon Road
as a result of the proposal would be minimal in relation to
current traffic levels.
There is no other traditional Jewish synagogue in the immediate
area. The needs of the people in the community must be served.
The sanctuary will be reduced to 1,900 square feet which should
eliminate the problem raised in the staff report. With a
facility less than 2,000 square feet, 33 parking spaces are
three more than required.
allocated to library and
used concurrent with the
over-crowding. The site
nothing the Council says
Public Social Services.
The remaining spaces would be
study space. Classrooms would not be
synagogue thus there will be no
is adequate for pre-school needs and
or does can alter the requirements of
The school has ample square footage
both indoors and out for school children. The corporation has
no difficulty with any of the conditions imposed on the project
with the exception of Condition No. 4. It is a small non-profit
corporation with limited membership. It is unfair to require
the organization to bear the entire burden of construction for
street improvement along Santa Ana Canyon Road. The corporation
would be willing to share the cost of construction along with
other residents of the area. The most vocal objector to the
proposed usage is a resident adjoining the property who is also
a developer. It is his understanding that that resident wants
the property for his own use. Mr. Delgado is present and can
confirm what he has Just stated.
Rabbi David Eliezrie.
Chabad is a national Jewish organization involved in various
community services interested in operating a neighborhood
synagogue in Anaheim Hills. Although it is a beautiful area
providing for schools and shopping centers, one area not dealt
with was the area of religion. Property was never designated
for church use and a planning oversight by the City. It is
difficult for a small congregation to find property which can
serve their needs. The site is approximately one acre. It is
897
City Ha11~ Anaheim~ California - COUNCIL HINUTES - September 29~ 1987~ 1:30
an eyesore at the present time. According to the Code, a church
or synagogue is a permitted use in a residential area. They are
not a big synagogue. As a rule 20 to 25 people attend services
on Saturday morning, even those that have existed for many
years. They feel the one acre facility would be adequate. At
present there are no Jewish education facilities in Anaheim
Hills. Jewish families now have to commute 5 to 15 miles. They
are a small congregation and do not have resources to buy a
large amount of property. He found close to 20 churches in
Anaheim that were of one acre or less. They are asking that the
City Council overturn the ruling of the Planning Commission. If
they do not get this property, they will have a serious problem
of where they will go next.
PUBLIC DISCUSSION-
IN FAVOR: Ginny Gordon, 7718 East Camino Tampico, five houses away.
She has three children and is trying to provide their
educational needs as far as their Jewish background. The
closest temple is a 25 mile drive. This facility is in
desperate need in Anaheim Hills. Homeowners are opposed because
of traffic down Eucalyptus but it is not necessary to travel up
and down Eucalyptus. It will be possible to back up a vehicle
in the parking lot without having to use Eucalyptus.
Sunny Harrison, 394 South Silverwood Drive.
She also has children of the Jewish faith and has to drive 25
minutes one way to provide their Jewish education. Traffic on
Santa Ana Canyon Road between 4:00 p.m. and 6:00 p.m. would not
be heavily travelled with pre-school children which was the
prime concern of the Planning Commission.
Lloyd Einstein, 751 Circulo Circle.
The needs of family in Anaheim Hills would be served by this
facility. There is no facility that they can count on like the
one proposed. He has to go to Fullerton for his religious
congregation. He has been to Chabad in Irvine and it is
harmonious with the area it is in.
PUBLIC DISCUSSION-
IN OPPOSITION:
Ray Kahn, 108 South Eucalyptus.
He has petitions signed by the neighborhood in opposition.
(Submitted was "Petition of Concerned Property Owners in
Opposition to Application for a Conditional Use Permit" -
attached to which were the petitions - made a part of the
record.) The major concerns and comments are: although the
property is one acre, ultimately the land available to be built
on after easements are taken into consideration will be close to
only one half acre; on Eucalyptus and in surrounding areas, the
zoning is one half acre for single family homes; the property
will be overburdened with the proposed project; parking required
is 55 and only 34 spaces are going to be provided; the
898
City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M.
distance between his bedroom and where the cars will be parked
on the church property is only three to five feet; Eucalyptus is
a very narrow sub-standard and steep street with no sidewalks; a
hazard will be created for the children attending the synagogue
as well as the children on Eucalyptus; the noise level will
increase from the use as well as an increase in traffic; the
property is a nuisance at the present time with vagrants living
on it and residents would like to see that property cleaned up
in any case; the area does not have a sewer but septic tanks and
he has yet to see a septic tank that can serve 75 people; the
neighborhood would like to buy the property and put a pool on it
for neighborhood use; there is no way to police the uses
proposed once established; it is for the neighboring residents
to decide if the use is detrimental to the neighborhood and all
of them have decided it will be detrimental to the peace and
enjoyment of their property. (Mr. Kahn later showed slides of
the property, surrounding area, and homes in the area.)
Dorothy H. Autry, 1726 Lake Street, Huntington Beach.
She is the owner of three and-a-half acres immediately adjoining
the subject property. She has owned the land since 1958
including three and one half acres more which have been sold
including the parcel sold to Mr. Delgado. She does not want
more than homes on her property. She has filed a Declaratory
Relief Action to clarify her right to the 20 foot easement which
she reserved when she sold the property to Mr. Delgado and also
to enforce the removal of the fence encroaching on her
property. That easement is for her property when she develops
it. This unique area of lovely homes is not suitable for
anything but homes. She does not believe that the church thinks
they will not grow. There are other alternatives for Mr.
Delgado relative to the use of the land which will be more
appropriate and acceptable to all. The residents do not want
any religious or day school of any kind on that property but
only homes. The proposal does not fit into the area. She
confirmed for Councilman Ehrle that she originally owned the
parcel and sold it to Mr. Delgado in 1965 and the intent was
that there be a home on the property. Her intent is to build
homes on her property and that is why she reserved the easement.
Jim Ferrell, 116 South Eucalyptus Drive.
There are 36 homes above the subject property. The proposed
synagogue will be at the entrance to their street. When it
rains there is an exposed mud wall all along the 300 or 400 feet
up the road. The hill is too steep and when it rains presents a
real danger. Santa Ana Canyon Road is already too dangerous.
There is no room for any excess parking unless the grass is
used. The closest parking would be across Santa Aha Canyon
Road. It is the wrong site for the proposed use. His main
concern is for his children who have to get off their bus next
to the traffic already going 55 miles per hour on Santa Ana
Canyon Road. The day school facility is going to mix kids with
899
City Hall~ Anahetm~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M.
cars. The Planning Commission said no - it is the Council's
turn to say no.
Michael Frey, 116 North Eucalyptus.
The issue is location. The proposed use will be a detriment to
the area. It is a poor location for a synagogue.
Eve Miller, 7688 East Calle Durango.
Four years ago the area was County property and it was
subsequently annexed to Anaheim. The residents purchased when
it was in the County. Their main concern is that it must stay
single family quiet residential as well as their concern over
traffic and safety. They have been told Santa Aha Canyon Road
is going to become a six lane highway. Many children are
already walking to E1 Rancho and Canyon High School. They do
not want to put their children in danger.
Aja Syed, 7688 Calle Durango.
Every day he has to drive up Eucalyptus to the baby sitter's
house. It is dangerous to cross Santa Aha Canyon Road even at
noon time. He has talked to more than 11 residents who have to
live with the proposed project and only one is in favor of it.
The property is too small for the proposed use and nobody wants
it there.
Rich Bose, 7675 Eucalyptus.
The area under discussion is a totally unplanned development.
Thirty five homes are serviced by a dead end street. The slope
of the road coming in from Santa Ama Canyon Road is
approximately 45 degrees.
Mayor Bay.
He interjected and reported this is not a City street. Only a
very small portion is City. The rest is private road and it was
that way when it was annexed from the County in the early
1970s. The condition of the street while not germain to the
situation is not to Anaheim's standards. As long as there are
private roads such as Eucalyptus, it is up to the residents to
decide what improvements will take place.
Mr. Bose.
They tried to have the City take it over but the cost was
prohibitive. One side of the street is almost a cliff. No one
maintains the street. There was no one house going to maintain
the road including the synagogue.
Nick Hergengreter, 7710 Autry Drive.
None of the residents are in favor of the project.
to cause a lot of congestion.
It is going
900
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
SUMMATION BY APPLICANT:
Mr. Fred Cohen.
He refuted many of the concerns expressed by the residents in
regard to traffic, drainage, location, parking, noise, etc. At
no time has it been represented that the synagogue has 70
members. The religious school, even if there were 30 children,
with staff there may be 35 people on site at any one time. The
latest anticipated usage is 10:00 p.m. for any one evening.
Until 8:00 the next morning, the premises would be vacant.
Relative to the easement, they cannot change the terms. If Mrs.
Autry or anyone else is effected by the easement and has a right
of ingress and egress over the subject property, that will be
honored. The property is ideally suited for the purpose that is
requested despite the objection of the resident owners. The
idealness of the site should rest with the party seeking to use
the premises. It does not impair the health, safety or morals
of the community. It will aesthetically improve the subject
property. He urged the Council to overturn the Planning
Commission's decision.
A line of questioning was posed to Rabbi Eliezrie by
Councilwoman Kaywood relative to certain aspects of the proposal
with input also given by the Zoning Administrator. It was also
confirmed that the property at present is in escrow and the
escrow could close only if the Conditional Use Permit is granted.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood.
She noted the basis on which the Planning Commission denied the
project was parking and ingress and egress on Santa Ana Canyon
Road by way of Eucalyptus and that it was inadequate and unsafe.
Annika Santalahti, Zoning Administrator.
There were two primary issues. A parking waiver was requested
for the plans that they had even though they submitted a parking
analysis, the Traffic Engineer was not comfortable with it. The
Commission was especially uncomfortable because of the private
road and no alternative means provided; ~he location of ~he
access to the parking area from Santa Aha Canyon Road; and
certainly the opposition. The Traffic Engineer did not talk
about the situation being unsafe. It was basically the parking,
with this particular setup of the synagogue, there was not the
concern of the Traffic Engineer that there might be with a
lesser traffic generator. She confirmed it was not the Traffic
Engineer's recommendation but the Planning Commission.
Councilman Pickler.
He firmly believes religious sanctuaries belong in residential
areas and will always affirm that. He is also familiar with
Chabad and the good that they do. He has approved other
901
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M.
religious facilities in the Anaheim Hills area that have had
adequate parking, proper screening, etc. He realizes that
parking may not be the problem at this time but if the church
grows, problems are going to arise. The location is not a good
one for a church. Santa Ana Canyon Road is going to be widened
and there are problems now on Eucalyptus. There is overwhelmin~
opposition from the residents in the area. The property is not
large enough to accommodate the use and will not be adequate in
the future to do the job that is needed.
Councilman Ehrle.
There is no one on the Council who does not want to see a
synagogue in Anaheim Hills. The property is not hooked up to
sewer lines, there will be a prefab building which he does not
believe is compatible, there are only 33 parking spaces, the
property is too small. It is the wrong use of the land. He
would like to see done what other churches are doing right now.
Anaheim Hills is a planned community and it should provide for
schools and churches. He encouraged the applicants to talk to
Frank Elfend who represents some of the developers in the area
with the possibility of developing a program where they can
purchase two acres and perhaps negotiate a trade off, one which
will accommodate their proposal on a long term basis.
Mayor Bay.
He agrees with the findings of the Planning Commission who
denied the project for very good reasons. He would like to see
the group find a place for their synagogue but the right place.
The subject property is not the right place.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, 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. Councilman Hunter was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The title of the following
resolution was read by the City Manager.
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. Councilman Hunter was absent.
CARRIED.
MOTION
Councilman Bay offered Resolution No. 87R-407 for adoption denying Conditional
Use permit No. 2934 sustaining the findings of the City Planning Commission.
Refer to Resolution Book.
RESOLUTION NO. 87R-407: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2943.
902
Cit7 Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
Pickler, Kaywood and Bay
The Mayor declared Resolution No. 87R-407 duly passed and adopted.
106: FISCAL YEAR 1987-1988 RESOURCE ALLOCATION PLAN: Recommendation for
balancing FY'87/'88 Resource AAlocation Plan. This matter was continued from
the meeting of September 22, 1987 to this date.
Mayor Bay asked if there was some direction needed before two weeks from today
regarding the budget.
Bob Simpson, Interim City Manager, stated the information they have given the
Council on the budget has not changed. He confirmed they are still looking
for specific direction from the Council on capital improvements involving the
Police Department. That issme is still on hold.
MOTION: Councilman Bay moved to continue discussion on the fiscal year
1987/1988 Resource Allocation Plan for two weeks. Councilman Pickler seconded
the motion. Councilman Hunter was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCE AND RESOLUTIONS: The titles of the following
resolutions were read by the City Manager.
Councilman Pickler moved to waive the reading in full of the ordinance and
resolutions. Councilman Bay seconded the motion. MOTION CARRIED.
153/142: ORDINANCE NO. 4867: Councilwoman Kaywood offered Ordinance No. 4867
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4867: AN ORDINANCE OF THE CITY OF ANA/iEIM AMENDING SECTION
1.04.110 OF CHAPTER 1.04 F0 TITLE 1 OF THE ANAHEIM MUNICIPA~ CODE REIATING TO
OFFICERS AND DEPARTMENTS.
Roll Call Vote:
AYES
NOES
ABSEN
COUNCIL MEMBERS '.
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler, Kaywood and Bay
None
Hunter
The Mayor declared Ordinance No. 4867 duly passed and adopted.
153: RESOLUTION NOS. 87K-408 THROUGH 87R-410: Councilman Bay offered
Resolution Nos. 87R-408 through 87R-410, both inclusive, for adoption.
to Resolution Book.
Refer
RESOLUTION NO. 87R-408: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 87R-364 WHICH ESTABLISHED RATES OF
COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS
MIDDLE MANAGEMENT/SUPERVISORY. (effective October 30, 1987)
903
City Ha!l, Anaheim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M.
RESOLUTION NO. 87R-409: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 87R-362 WHICH ESTABLISHED RATES OF
COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS
EXECUTIVE MANAGEMENT. (effective October 30, 1987)
RESOLUTION NO. 87R-410: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 87R-363 WHICH ESTABLISHED RATES OF
COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS
ADMINISTRATIVE MANAGEMENT. (effective October 30, 1987)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler, Kaywood and Bay
None
Hunter
The Mayor declared Resolution Nos. 87R-408 through 87R-410, both inclusive,
duly passed and adopted.
179: ORDINANCE NO. 4868: Councilman Bay offered Ordinance No. 4868 for first
reading.
ORDINANCE NO. 4868: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclass. 85-86-15, BM-1200, 891 South Walnut)
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
Before the meeting concluded, City Manager Simpson suggested if the Council
wanted to have another briefing on labor negotiations they might want to
recess to that session which would take place before the meeting of October
13, 1987 since a quorum was not anticipated next Tuesday.
A general consensus was determined that the Council would adjourn to Tuesday,
October 13, 1987at 10:00 a.m. for the purpose of a closed session on labor
relations. (The City Clerk will adjourn the meeting of October 6, 1987 due to
lack of a quorum to Tuesday, October 13, 1987 at 10:00 a.m.)
Mayor Bay announced that a quorum was not anticipated for the Council meeting
of October 6, 1987, due to the League of California Cities meeting to be held
in San Francisco.
ADJOURNMENT:
the motion.
Councilman Bay moved to adjourn. Councilwoman Kaywood seconded
Councilman Hunter was absent. MOTION CARRIED. (7:31 p.m.)
LEONORAN. SOHL, CITY CLERK
904