1994/05/10City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
The .City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Daly
COUNCIL MEMBERS: Pickler, Hunter
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
FINANCE DIRECTOR: George Ferrone
PLANNING DIRECTOR: Joel Fick
SENIOR CODE ENFORCEMENT OFFICER: Don Yourstone
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
ZONING ADMINISTRATOR: Annika Santalahti
ZONING DIVISION MANAGER: Greg Hastings
CIVIL ENGINEER-DEVELOPMENT SERVICES: Natalie Meeks
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:45 p.m. on May 6, 1994 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
City Attorney White. He announced that the 3:00 o'clock workshop was
postponed for two weeks and rescheduled for May 24, 1994 at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session noting first that there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2000 S. State Colle
Negotiating parties: Anaheim
Anaheim
Under Negotiation: Price and ~
2. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: David Hill
Employee Organization: Anaheim Firefighters' Association
3. CONFERENCE WITH LABOR NEGOTIATOR
Agency N~gotiator: David Hill
Employee Organization: Non-Represented employees
~ulevard
um Associates and City of
4. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: David Hill
Employee Organization: IBEW Local No. 47
LIABILITY CLAIMS
Claimant: Warren Rosendale
Agency claimed against: City of Anaheim
6. LIABILITY CLAIMS
Claimant: R.P. Richards, Inc.
235
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
Agency claimed against: City of Anaheim; Anaheim Public
Improvement Corporation
LIABILITY CLAIMS
Claimant: Craig Skornia
Agency claimed against:
City of Anaheim
RECESS: Council Member Simpson moved to recess into Closed Session, Council
Member Feldhaus seconded the motion. Council Members Pickler and Hunter were
absent. MOTION CARRIED. (3:21 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Members Pickler and Hunter, and
welcomed those in attendance to the Council meeting. (5:12 p.m.).
INVOCATION: A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
Mayor Daly announced that Council Members Pickler and Hunter had serious
scheduling conflicts that came up at the last minute and, therefore, would not
be present at tonight's meeting.
119: PRESENTATION OF GRANTS FROM THE ARTS COUNCIL: Shirley McCracken,
Anaheim Arts Council. She explained that the Arts Council was established by
the City Council 21 years ago to coordinate and support arts activities in
Anaheim. For 19 years, the Anaheim Arts Council has been giving grants to
organizations and projects in the City. This year they were able to fund
$19,000 in grants for 17 projects from $500 to $1500. Mrs. McCracken then
announced the 17 organizations (and the projects involved) who were recipients
of the grants. The representatives present from each of the organizations
came forward and were presented with certificates signifying the grant award.
Mayor Daly and Council Members commended the Arts Council for their efforts on
behalf of the Arts in Anaheim not only their time and effort, but also the
monetary contributions which support so many worthwhile projects.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Remembering our Veterans especially during Memorial Day
Poppy Week, May 15 - May 21, 1994
In honor of National Public Works Week, May 16 - May 22, 1994
Kathleen Schooler, President, Anaheim Unit 72, American Legion Auxiliary
accepted the Poppy Week proclamation and Gary Johnson, Director of Public
Works/City Engineer and Doris Roush, Streets & Sanitation Manager accepted the
National Public Works week proclamation.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing the week of May 15 - May 21, 1994,
as Emergency Medical Services Week in Anaheim
236
City Ball, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
Declaring May 15 - May 21, 1994, as California Rail Safety Week to educate
motorists to look, listen, and live at crossings, many of which will be under
construction in Anaheim.
Recognizing June, 1994, as All Star Day in Anaheim, in support of the
children's cancer research fund.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,230,825.71 for the
period ending May 6, 1994, in accordance with the 1993-94 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Improvement Corporation meetings.
(5:34 p.m.)
Mayor Daly reconvened the City Council meeting. (5:37 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Shirley Grindle. She came to the meeting today to ask the Council to agendize
amendments to the City's Campaign Reform Ordinance. Before the meeting
convened, City Attorney White informed her that he had already agendized the
matter. Both she and Alex Carrassi have been waiting two months for the issue
to be placed on the agenda. They do not want to make an issue out of a
non-issue. She commended the Council for moving forward. They will be
present at the hearing. Mr. White has offered to have them (Grindle and
Carrassi) review the wording. They have already submitted wording to amend
the ordinance. She congratulated Anaheim for being one of the first cities to
enact what she calls the "Tin Cup" ordinance which she initiated some time
ago. Seven cities have enacted such an ordinance and two more are on the
verge of doing so - Tustin and Irvine. They are trying to standardize things
throughout the cities to make it a little easier for candidates and treasurers
to handle all the reporting required by State law and to keep everybody out of
trouble, especially those who get into trouble without intending to.
Mayor Daly. As Ms. Grindle noted, campaign finance reporting documents can
get complicated. Their goal is to try to make the City ordinance as straight
forward, simple to follow and as comprehensible as they can possibly make it.
Council has talked to the City Attorney going back almost to the day that she
and Mr. Carrassi's letter arrived. He (City Attorney) has expressed his
thoughts on parts that are considered to be routine adjustments as well as
parts that may or may not be legal. The City Attorney will be submitting a
full report to the Council and it will be an agenda item in a couple of weeks.
Greg Durfee, 3030 E. Jackson. His concern is with keeping the Los Angeles
Rams in Anaheim. He is extending the symbolic olive branch hoping that the
situation can be resolved. He would be more than happy to show the Mayor and
City Council where the support is to keep the Rams in Anaheim. He thereupon
submitted a copy of a letter to the Council which he is going to deliver to
Georgia Fronteri urging that the Rams stay in Anaheim.
Mayor Daly. The key is fan support and filling Anaheim Stadium. That will be
the single best message any Rams fan can send to the owner and the team.
237
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council
Agenda items.
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of May 10, 1994.
Council Member Simpson seconded the motion. Council Members Pickler and
Hunter were absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Daly,
seconded by Council Member Feldhaus, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar, Council Members Pickler
and Hunter were absent. Council Member Daly offered Resolution Nos. 94R-75
through 94R-77, both inclusive, for adoption. Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Warren Rosendale, Robert E. Sayre, Patrick D.
Brody, Roy C. Klm and Carol Kim, Trustee of the Kim Family Trust; Tri-Star
Plastics, Inc., Kathleen F. DeForrest, Trustee of the William E.
DeForrest, Sr. & Kathleen F. DeForrest Living Trust; William E. DeForrest,
Jr., Linda J. DeForrest, Major Manufacturing, Inc.; Ira and Patricia A.
Newman, Trustees of the Newman Family Trust, Ira Newman Automotive, c/o
Kimberly Hall 8arlow, esq., Law Offices of Richard D. Jones for property
damage sustained purportedly due to actions of the City on or about
March 3, 1993 through March 3, 1994.
b. Claim submitted by Hortry Ly for property damage sustained purportedly
due to actions of the City on or about August 29, 1993.
c. Claim submitted by Frank K. Kukuia for bodily injury sustained
purportedly due to actions of the City on or about September 21, 1993.
d. Claim submitted by Cathy Dougherty for property damage sustained
purportedly due to actions of the City on or about February 18, 1994.
e. Claim submitted by Craig Skornia, c/o John A. Greenleaf, esq., for
bodily injury sustained purportedly due to actions of the City on or about
November 16, 1993.
f. Claim submitted by R.P. Richards, Inc., c/o Peter Richards, Vice
President, for property damage sustained purportedly due to actions of the
City on or about March 7, 1993 through March 7, 1994.
g. Claim submitted by R.P. Richards, Inc., c/o John R. Herrig, for
property damage sustained purportedly due to actions of the City on or
about March 7, 1993 through March 7, 1994.
A2. 140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of March, 1994.
105: Receiving and filing minutes of the Golf Advisory Commission meeting
held March 24, 1994.
238
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held March 23, 1994.
A3. 155: Certifying that it has reviewed and considered the information in
the FEIR/EIS for the Interstate 5 Widening between SR-22 and SR-91 in the City
of Anaheim; making findings for each significant effect and findings relative
to the rejection of project alternatives; and adopting mitigation measures and
a statement of overriding considerations.
A4. 123: Accepting the low bid and authorizing the execution of an Agreement
with Roy Allan Slurry Seal, Inc., in an amount not to exceed $243,271.60 to
apply emulsion slurry to Anaheim's road surfaces, in accordance with
Bid $5247.
A5. 128: RESOLUTION NO. 94R-75~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1994/1995
AND THE ISSUANCE AND SALE OF 1994 TAX AND REVENUE ANTICIPATION NOTES.
($30 million)
Council Member Feldhaus posed questions on this item for purposes of
clarification which were answered by the City Manager, City Attorney and
George Ferrone Finance Director.
A6. 184: Reviewing the need for continuing the Fourth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 19, 1993, concerning the Santiago Landslide and Pegasus Landslide in
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
A7. 184: Reviewing the need for continuing the Second Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 18, 1994, concerning damage within the City of Anaheim resulting from
the Northridge Earthquake occurring on January 17, 1994; and taking no action
to terminate the local emergency at this time.
AS. 177: Approving the HOME First-Time Buying Down Payment Assistance
Program guidelines and procedures.
A9. 153: RESOLUTION NO. 94R-76: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APRIL 6, 1994 LETTER OF UNDERSTANDING BETWEEN
THE CITY OF ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL 47 ON THE MATTER OF AMENDMENTS TO THE CITY'S CONTRACT WITH THE
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM. (Allowing Military Service
credit purchase, and adjusting the 1959 Survivor Benefit)
Al0. 150: RESOLUTION NO. 94R-77: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING APPLICATION FOR FUNDS FOR THE URBAN FORESTRY GRANT
PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION
BOND ACT OF 1988, FOR THE ANAHEIM STREET TREE PLANTING PROJECT.
All. 185: Determining that the property owner has complied, in good faith,
with the terms and conditions of Development Agreement No. 91-01 for the 1993-
1994 review period, on the basis of the evidence submitted by Tim Paone of the
law firm Paone, Callahan, McHolm, and Winton, counsel to The Irvine Company
for the Mountain Park Project.
Al2. 160: Appropriating $34,140 from the General City Capital Outlay Fund
and authorizing the Purchasing Agent to issue a change order to CalTec in the
239
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
amount of $34,140, to complete the emergency soil contamination removal as a
result of the removal and replacement of the underground fuel tank at Fire
Station No. 6.
Al3. 114: Approving minutes of the City Council meetings held April 12 and
April 19, 1994.
Al4. 155: To consider the approval of the Initial Study (prepared by the
City of Anaheim), together with the previously certified FEIR/EIS, and
subsequent Addendum/Reevaluation prepared by the California Department of
Transportation (CALTRANS) and Federal Highway Administration (FHWA) for the
I-5 Widening between State Route 22 and State Route 91 as the adequate
environmental documentation for the "Functional Replacement" and relocation of
the Katella Electrical Substation.
123: To consider the approval of three Agreements with CALTRANS; A Real
Estate Agreement, an On-Site Utility Agreement No. 12250, and an Off-Site
Utility Agreement No. 12210, all subject to terms and conditions negotiated by
City staff with concurrence from the City Attorney, and subsequent approval by
the Mayor.
175: To consider awarding a Turnkey Services Contract to construct the new
Katella Electrical Substation, contingent upon final execution of the three
Agreements with CALTRANS, to the lowest responsible bidder, Power Systems
Development in the amount of $7,624,671.96; and in the event said low bidder
fails to comply with the terms of the award, awarding the contract to the
second low bidder, as well as waiving any irregularities in the bids of both
the iow and second low bidders.
City Manager Ruth. Staff is requesting that Item A14 (all three motions) be
continued for one week to May 17, 1994. At the conclusion of the Consent
Calendar, the item was continued as requested.
Al5. 123: Approving a lease agreement with TWA-Anaheim Limited Partnership
'for a Police mini sub-station in the Anaheim Hills Festival Shopping Center.
Roll Call Vote on Resolution Nos. 94R-75 throuqh 94R-77, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Daly
None
Pickler, Hunter
The Mayor declared Resolution Nos. 94R-75 through 94R-77, both inclusive, duly
passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEMS B1 - B4 FROM THE PLANNING COMMISSION MEETING OF APRIL 18, 1994
INFORMATION ONLY - APPEAL PERIOD ENDS MAY 10m 1994
B1. 179: CONDITIONAL USE PERMIT NO. 2981 AND NEGATIVE DECLARATION:
OWNER: Stephen M. Curtis, 327 Grand Canal, Balboa Island, CA 92662
AGENT: Pastor Eddie Rodriguez, 5464 E. La Palma Ave., Anaheim, CA
92807
LOCATION: 5464 East La Palma Ave. Property is approximately 2.42
acres located on the south side of La Palma Avenue and approximately
240
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
1,100 feet east of the centerline of Brasher Street and further
described as 5464 East La Palma Avenue.
Petitioner requests readvertisement of Conditional Use Permit No. 2981
to amend or delete a condition of approval pertaining to the time
limitation of a previously approved church.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for CUP NO. 2981 (PC94-47)
(7 yes votes).
Negative Declaration previously approved.
B2. 179: CONDITIONAL USE PERMIT NO. 3625 AND NEGATIVE DECLARATION:
OWNER: Simon Fluor III and Gloria Fluor Trust, Attn: Cecil Wright, 265
S. Anita Drive, Ste. 205, Orange CA 92668
LOCATION: 1300-1382 East Auto Center Drive. Property is approximately
8.39 acres located at the northwest corner of Sanderson Avenue and
Phoenix Club Drive (previously Auto Center Drive) and further described
at 1300-1382 East Auto Center Drive.
To delete a condition of approval pertaining to the removal of a
billboard in conjunction with a previously-approved automobile sales
facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amended conditions of approval for CUP NO. 3625 (PC94-48) (7 yes votes).
Negative Declaration previously approved.
Mayor Daly. It was unclear from the staff report if the deletion of the
condition is being requested by the applicant or if the City is automatically
dropping the condition.
City Attorney White. This had come to the Council originally as a public
hearing item and the Council approved the conditional use permit. At that
time, the Council amended the decision previously made by the Planning
Commission to delete the condition from the CUP that required the removal of
the billboard. Unfortunately, it was not clear from the record of the Council
hearing that there were actually two conditions relating to the removal of the
billboard in the original Planning Commission resolution. The Council clearly
deleted one of those two conditions but it was not entirely clear as to the
second condition. It was staff's position that Council action to carry that
out was actually to delete both of those conditions. When the resolution was
prepared, it was prepared with the deletion of both of those conditions. The
attorneys for the billboard company filed a lawsuit challenging the fact that
the second condition had been deleted without having been discussed at the
public hearing. In response'to that lawsuit, City Redevelopment staff
initiated the change through the Planning Commission to actually give a
hearing and delete that second condition. That is why it went back through
the hearing process. He felt they were on firm legal ground in the fact that
they had deleted the second condition to carry out the Council's objectives in
the first hearing. To avoid the dispute in court, he recommended going back
and redoing the process giving the billboard company an opportunity to have a
hearing on that second condition. It is his understanding no one showed up to
speak on the deletion of the condition at the Planning Commission hearing. It
is staff's recommendation that the action taken by the Planning Commission
simply be allowed to stand.
No further action was taken by the Council on this matter at this time.
B3. 179: RECLASSIFICATION NO. 91-94-07 AND CONDITIONAL USE PERMIT NO. 3463 -
REQUEST FOR A ONE-YEAR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITION
OF APPROVAL:
241
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
REQUESTED BY: Lisa Marks Webber, 21~i' Pacific Avenue, Costa Mesa, CA
92627
LOCATION: 2144 West Lincoln.
Petitioner requests a one-year retroactive extension of time to comply
with conditions of approval for Reclassification No. 91-92-07 and
Conditional Use Permit No. 3463 (to permit a 3-story 108 unit
condominium complex) to expire November 5, 1994.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved one-year retroactive extension of time to expire 11/5/94.
B4. 1792 VARIANCE NO. 3882 - REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO
COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: Dwight R. Belden, B.R. Properties, 450 Newport Center
Drive, Ste. 304, Newport Beach, CA 92660-7640.
LOCATION: Property is located at the northeast corner of Santa Ana
Canyon Road and Riverview Drive. requests extension of time to comply
with conditions of approval for Variance No. 3882 (to construct a 3-
story, 70,000 square foot commercial office building with waiver of
minimum structural setback) to expire December 19, 1994.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved retroactive extension of time (to expire 12/19/94) to comply
with conditions of approval for VARIANCE NO. 3882.
END OF THE PLANNING COMMISSION ITEMS.
Cl.
107: POOL ROOM PERMIT APPLICATION - J.C. FLANAGAN'S:
Request for a Pool Room Permit was submitted by Jacqueline Flanagan,
611 Lido Park Drive, #7D. Newport Beach, CA 92663. The business is
located at 1233 South Brookhurst Street. The petitioner is requesting
approval to operate three pool tables in conjunction with a cocktail
lounge with public dancing.
Submitted was report dated May 10, 1994 from the Code Enforcement Manager
John Pools recommending that the application be approved subject to the
following three conditions:
On-site uniform security shall be provided in the parking lot during
hours of operation.
2. No alcoholic beverages shall' be consumed in the parking lot.
3. No more than three pool tables may be used at this location.
Also submitted was report dated March 30, 1994 from the Vice/Narcotic Bureau
Commander of the Police Department recommending approval of the application
based on current information but that it be granted for one year.
Joel Fick, Planning Director briefed the staff reports and confirmed that the
recommendations were for approval subject to the foregoing conditions.
Don Yourstone, Senior Code Enforcement Officer, answered questions posed by
Council Member Feldhaus relative to the space available inside the facility;
the Planning Director also confirmed for the Mayor that staff will have an
opportunity for review of the application one year from now. The application,
if approved tonight, will be reviewed by staff in one year. If there are no
complaints or applications, they would not bring that forward to the Council.
242
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5=00 P.M.
MOTION: Council Member Daly moved to approve the Pool Room Permit Application
for J.C. Flanagan's at 1233 S. Brookhurst Street subject to the three
conditions as stated in staff report of May 10, 1994 and the recommendation of
the Police Department in report dated March 30, 1994. Council Member Simpson
seconded the motion. Council Members Pickler and Hunter were absent. MOTION
CARRIED.
C2. COUNCIL COMMENTS: No comments.
C3. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that
there are no actions to report.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC ~EARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 1705 CONTINUED PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 91-164,
CATEGORICALLY EXEMPT, CLASS 15:
OWNER: R.H. Siegle, 919 East South Street, Anaheim, CA 92805
AGENT: DMC Engineering, 4840 Irvine Boulevard, Ste. 208, Irvine, Ca
92720
LOCATION/REQUEST: The property is located at 919 East South Street and
is approximately 3.6 acres located at the northwest corner of South
Street and Rose Street. The request is to approve a two-lot
subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 91-164 APPROVED (Decision No. ZA93-54).
HEARING SET ON: At the meeting of October 12, 1993, Council Members Pickler
and Daly requested a review of the Zoning Administrator's decision and a
public hearing scheduled and continued from the meetings of November 9 and
November 16, 1993 to this date. The applicant, Mr. Siegle, requested two
continuances from the meeting of November 16, 1993 - one a twelve week
continuance in his letter dated November 16, 1993 and an additional 90-day
continuance in his letter of February 8, 1994. (See minutes of November 9 and
November 16, 1993.)
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 28, 1993
Mailing to property owners within 300 feet - October 28, 1993
Posting of property - November 1, 1993
PLANNING STAFF INPUT:
See staff report to the Zoning Administrator dated September 16, 1993 and
Zoning Administrator Decision No. 93-54.
APPLICANT'S
STATEMENT:
Phil Schwartze, agent for Mr. Siegle, 31682 E1 Camino Real,
San Juan Capistrano. They are present to complete Tentative
Parcel Map No. 91-164. He believes they may have come to some
243
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
conclusion relative to the matter. The issue had to do with
several conditions. He will be happy to respond to any questions.
Joel Fick, Planning Director. This item was approved by the
Zoning Administrator subject to certain conditions. There is a
particular condition or conditions relating to street dedication
that are of concern to the owner.
Gary Johnson, Public Works Director and City Engineer. Staff
would concur with the Zoning Administrator's decision on the
conditions as proposed.
City Attorney White, answering the Mayor, stated that he believes
that the staff recommendation continues to be in agreement with
the decision of the Zoning Administrator which does currently
require the irrevocable offer to dedicate the necessary street
right-of-way. It is not a current dedication but an irrevocable
offer to dedicate which is a significant difference.
City Attorney White then briefed the Council's options which he
had previously submitted to the Council in writing. Legally, the
Council can continue to impose the conditions as recommended by
the Zoning Administrator and staff or relieve the subdivider of
the dedication obligation in conjunction with recording the parcel
map to allow it to be recorded without the dedication occurring.
If Council eliminated one or more of the dedication requirements,
those dedications would, by municipal code, still be imposed upon
any subsequent developer of the property. That 'developer, whether
the current or a new owner, would have the right at that time
under the ordinance to seek relief from that dedication
requirement by showing that there was no connection between the
dedication requirement and the project being proposed or that the
cost of the dedication greatly outweighed the value of the
project. City practice in the past has been to require
dedications in conjunction with the subdivision to get those at
the earliest possible time to allow the actual construction work
on the street widenings or extensions to be done before
development may be accomplished on the private property. There
was also a concern on staff's part to not set a precedent.
Another concern is not conveying the message to any subsequent
owner who having bought the property from the current owner would
then immediately be required as a condition of getting a building
permit to dedicate. They may only be deferring the ultimate
decision to a later date. To make certain any subsequent owner is
aware that there is a dedication requirement or that the Council
would be waiving in perpetuity a dedication requirement, staff
would propose on the face of the map, by certificate or other
notation, that dedication would be required in accordance with
code requirements at the time of building permits so that notice
would be given by law to anyone purchasing that there was still a
dedication requirement that would attach at the time the
development occurred. Me also confirmed for the Mayor that a
future seeker of a building permit would still have the ability to
request a waiver or another deferral since there is a procedure to
do so.
Phil Schwartze. He understands what Mr. White is saying. They
would prefer that the condition that deals with the dedication be
244
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
.eliminated but they do understand that it would be a deferral to
some time in the future and at some point in time if Mr. Siegle or
some other person should develop at that time it could be
considered whether they would do a dedication or not. If that was
Option No. 2, their preference is Option 2 and to record without
the dedication leaving that for some other developer. They are
not desirous of the City establishing a precedent with their
action. There are also conditions which are a part of the
originally approved CUP that would indicate if there is a change
of use and building permits that all the other things would
dominoe in. He is asking the Council to approve Option 2 as
stated by the City Attorney and allow them to proceed with their
parcel map.
Discussion followed wherein Mr. Schwartze clarified for the City Attorney that
the specific conditions he was asking be modified or deleted for la and lb.
There being no further persons who wish to speak either in favor or in
opposition, Mayor Daly closed the public hearing.
City Attorney White. He checked with Engineering staff and none of the other
conditions needs to be modified if the Council votes to delete la and lb.
Natalie Meeks, Civil Engineer-Development Services. She clarified that, in
fact, Condition No. 2 and 3 are tied together. One requires a security in the
form of a bond and the other is a subdivision agreement agreeing to make those
improvements.
City Attorney White confirmed then that Condition No. 2 and No. 3 could be
deleted as well. The motion would be to approve the tentative parcel map
deleting conditions la, lb, 2 and 3.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Daly, seconded by Council Member Simpson, the City Council determined
'that the proposed activity falls within the definition of Section 3.01
Class 15, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR. Council Members Pickler and Hunter were absent.
MOTION CARRIED.
MOTION: Council Member Daly moved to approve Tentative Parcel Map No. 91-164
deleting Condition la, lb, 2 and 3. Council Member Simpson seconded the
motion.
Before a vote was taken, Annika Santalahti the Zoning Administrator referred
to another issue. What Mr. Schwarzte said relative to Condition 4 regarding
the improvement certificate placed on the final map regarding future
improvements in connection with the Building permit, she believes that South
Street should be inserted as well so that when any new construction takes
place, the issue will be revisited.
Mayor Daly amended his motion to include that Condition No. 4 be modified to
include South Street to make the whole action internally consistent; both the
City Attorney and Mr. Schwartze indicated they were comfortable with that
amendment.
A vote was then taken on the amended motion restated as follows:
245
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
That Condition No. la, lb, 2 and 3 be deleted and that Condition
No. 4 be amended to read, "that an improvement certificate shall
be placed on the final parcel map to acknowledge that street
improvements along South Street and Rose Street and alley
improvements along the north property line for the proposed Parcel
No. 2 be required prior to further development of the property".
The motion carried. Council Members Pickler and Hunter were absent.
D2. 179: CONTINUED PUBLIC HEARING, RECLASSIFICATION NO. 93-94-07f WAIVER OF
CODE REQUIREMENTt CONDITIONAL USE PERMIT NO. 3667 AND NEGATIVE DECLARATION:
OWNER: Allan L. Louderback, Trustee, Oscar William and Dorothy French
Louderback, Trust, P.O. Box 761, Temple City, CA 91780; Marshall L. and
Jane P. Shoemaker, Trust, 1214 Awalt Drive, Mountain View, CA 94040
AGENT: Mr. Kazuho Nishida, 11166 Venice Blvd., Culver City, CA 90230
LOCATION/REQUEST: The property is located at 125 North Brookhurst
Street and 2217 West Lincoln Avenue and is approximately 1.6 acres (on
two parcels) located north and west of the northwest corner of Lincoln
Avenue and Brookhurst Street with Parcel i having a frontage of
approximately 160 feet on the west side of Brookhurst Street and Parcel
2 having a frontage of 190 feet on the north side of Lincoln Avenue and
further described as 125 N. Brookhurst Street and 2217 W. Lincoln
Avenue.
To reclassify subject property from the CH (Commercial, Heavy) Zone to
the CL (Commercial, Limited) Zone.
To permit a full-service carwash with related retail sales area
(4,244 sq. ft.) and a self-serve automated car wash (1,656 s.f.) on
Parcel No. i with an automobile lube/oil change facility (2,652 s.f.) on
Parcel No. 2 with waiver of (A) minimum landscaped setback adjacent
residential zones-APPROVED, (B) maximum number of freestanding signs-
DENIED, (C) minimum distance between signs-DENIED, (D) permitted
location of freestanding signs-DENIED, and (E) permitted encroachments
into required yards - APPROVED.
ACTION TAKEN BY THE PLANNING COMMISSION:
RECLASS NO. 93-94-07 GRANTED, UNCONDITIONALLY, (PC93-37) (5 yes votes, 1
abstained, and I absent).
CUP NO. 3667 GRANTED, IN PART, Waivers (A) and (E) APPROVED,
Waivers (B), (C), and (D) DENIED (PC93-38).
Approved Negative Declaration.
HEARING SET ON: A review o~ the Planning Commission's decision was requested
by Council Member Pickler and Council Member Daly at the meeting of March 22,
1994 and continued from the meeting of April 26, 1994 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 7, 1994
Mailing to property owners within 300 feet - April 8, 1994
Posting of property - April 12, 1994
Mayor Daly. The public hearing was continued two weeks because no one was
present at the meeting of April 26, 1994 representing the applicant or the
owner. His concerns were that the project is being proposed in the City's
newly adopted redevelopment project area along the Brookhurst Street Corridor
and two separate car-wash facilities are involved. One is a traditional full
service car wash and the other is a self service. He wanted to make certain
the Council had the benefit of a complete explanation of the design and the
quality of the project because it is a key corner in the City. It is an
246
City Hall~ Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
unusual shape and there is quite a bit proposed for the land. Council Member
Pickler had also agreed to request the hearing.
Greg Hastings, Zoning Division Manager. The elevations of the project posted
on the Chamber wall were not displayed at the last hearing. The applicant may
also have additional plans. The posted plans are the ones the Planning
Commission reviewed and approved. Of the five waivers, the Planning
Commission approved two. The first was the reduction of a portion of a
ten-foot landscape area down to 8 feet because of the existing driveway
situation and the other was a waiver allowing the height of the fence to be
raised from 3 feet to 6 feet along Ranchito Street. The waivers that were
denied had to do with signage. The Planning Commission asked as a condition
that a signage program come back to them for a report and recommendation item.
Joel Fick, Planning Director. He confirmed that since this project is in a
Redevelopment Project area, it was also reviewed by the Redevelopment
Commission and at their March 2, 1994 meeting the Commission recommended that
the plans be approved as well; Mr. Hastings stated that Redevelopment staff
also reviewed the proposed project and recommended to the Redevelopment
Commission that it be approved.
Mayor Daly opened the public hearing.
APPLICANT'S
STATEMENTs
Tim Bundy, Bundy Finkel Architects, 4831 Lago Drive, Huntington
Beach. No one was present at the last meeting due to some
miscommunication. They would have been present and the Council
would have had the benefit of seeing the complete set of plans.
He thereupon presented the plans to the Council for their
information. (The plans were also posted on the Chamber wall.)
The developer is intending to develop a project that will be an
enhancement to the area. He then explained how the circulation on
the site will work for both the automatic car wash and the self
service. They have had several discussions with the Traffic
Engineering DiviSion and it was their opinion it would function
properly. They did not have concerns either on site or off site.
He also explained for Council Member Feldhaus that the acoustic
study is presently in process. The concern is focused on the
vacuum enclosures and those will have sound attenuation to meet
City guidelines. The intention is to meet all of the
requirements. They talked to several of the adjacent residents
and showed them the plans. The residents were excited about the
potential change to the area and very much in approval. Mr. Bundy
answered additional questions posed by Mayor Daly relative to wall
height, landscaping and screening.
Mr. Bundy noted that one of the conditions refers to two parcels. According
to the title report, the property is not two parcels. Wording is being
drafted in the form of a letter by the owner addressing the concerns from the
Engineering Department standpoint to eliminate that condition from the CUP.
He has had discussions with the Planning Department on that issue. Condition
Nos. 21 and 24 on the CUP reflect that concern. Condition No. 21 requested a
covenant be recorded guaranteeing the parcel be maintained as one and
Condition No. 24 requests an unsubordinated reciprocal access parking
agreement which is unnecessary.
247
City Hallt Anaheimt California - COUNCIL MINUTES - MAY 10~ 1994 - 5:00 P.M.
Joel Fick. Staff's understanding was that there are two parcels. If there is
just one or just being changed, they can incorporate language today to that
effect that deletes that from being a concern.
City Attorney White. He suggests on Condition No. 21 and 24 that they add
wording after the word, that at the beginning of each of those conditions
which says: "that the owner of the property shall submit evidence satisfactory
to the City staff that the property is only one legal parcel, or that, a
covenant ...". That will be on 21 and on 24, "that an unsubordinated
reciprocal access agreement be provided". If that is established and the
documentation as represented is forthcoming, the City will accept that. That
will delete the need to go through the covenant and the agreement.
Mayor Daly. He noted that the applicant is nodding his support for those
changes to Condition Nos. 21 and 24. He then asked Mr. Bundy if on the
Brookhurst Street side of the parcel they are going to remodel the existing
building or tear it down.
Tim Bundy. The essential ~cture is staying the way it is. Ail they are
doing is providing additi~ access from the backside part of the parcel
through adding three roll.- .oors to have a through-lube bay for three of the
bays. He also explained c~ z improvements that will be made. They will tie
it in aesthetically and as economically as best they can. They are actually
narrowing the one driveway down off of Brookhurst. There are two or three
driveways along Brookhurst and they are closing off two. There are three
along Lincoln and they are closing one of those off.
Staff then answered further questions posed by the Mayor.
Joel Fick. Relative to the landscaping, the current zoning on the property is
heavy commercial which does not have landscaping requirements. The change in
this application to C-L also changes those requirements and affords the
opportunity for landscaping to be incorporated which does not currently exist
under the heavy commercial zoning.
Annika Santalahti. Relative to signage, code would allow one freestanding
sign on each frontage because of the length of the frontage being under 300
feet in each case. Neither sign will exceed 8 feet. Basically they are
monument type signs; Tim Bundy. There is an existing pole sign along
Brookhurst which is being maintained, renovated and upgraded and as they
understand is being allowed as well.
There being no further persons who wished to speak either in favor or in
opposition, Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Daly, seconded by Council Member Simpson, 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. Council Members Pickler and
Hunter were absent. MOTION CARRIED.
Council Member Daly offered Resolution No. 94R-78 for adoption, approving
Reclassification No. 93-94-07 and Resolution No. 94R-79 for adoption, granting
Conditional Use Permit No. 3667 subject to City Planning Commission conditions
248
City Hall, Anaheim, California - COUNCIL MINUTES - MAY 10, 1994 - 5:00 P.M.
with amendments to Condition Nos. 21 and 24 as articulated. Refer to
Resolution Book.
RESOLUTION NO. 94R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED. (Reclassification No. 93-94-07)
RESOLUTION NO. 94R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3667
Roll Call Vote on Resolution Nos. 94R-78 and 94R-79 for adoption:
AYES= COUNCIL MEMBERS: Feldhaus, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler, Hunter
The Mayor declared Resolution Nos. 94R-78 and 94R-79 duly passed and adopted.
ADJOURNMENT: By general consent the Council adjourned. (7:00 p.m.)
LEONORA N. SOHL, CITY CLERK
249