1994/09/27City Hall, Anaheimr California - COUNCIL MINUTES - SEPTEMBER 27r 1994 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Hunter, Daly
COUNCIL MEMBERS: Simpson
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DEPUTY PLANNING DIRECTOR: Mary McCloskey
ASSOCIATE PLANNER: Karen Dudley
FIRE MARSHAL: Gary Wilder
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 11:35 a.m. on September 23, 1994 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Daly called the meeting to order at 3:14 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session noting that there is one addition to the Closed Session Agenda,
Anaheim Center Associates vs. Bola Industries, Orange County Superior Court
Case 73-16-38. The need to act on this item arose after the posting of the
agenda and, therefore, it will be necessary that the 72-hour posting provision
of the Brown Act be waived.
MOTION: Council Member Feldhaus moved to waive the 72-hour posting provision
of the Brown Act adding Item No. 5 to the Closed Session Agenda. Council
Member Pickler seconded the motion. Council Member Simpson was absent.
MOTION CARRIED.
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, including the
addition of Item No. 5:
1. CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: David Hill
Employee organization: IBEW, Local 47
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Anaheim Stadium Associates v. City of Anaheim,
Orange County Superior Court Case No. 44-81-74.
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(a) - EXISTING LITIGATION:
Name of case: Adams International Metals, Inc., v. City of
Anaheim, Orange County Superior Court Case No. 69-97-13.
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Se
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: 1 potential case
Existing facts and circumstances: Claims concerning the adoption
of Ordinance No. 5445.
Anaheim Center Associates vs. Bola Industries -
O.C.S.C.C. 73-16-38.
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City Hall f Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27 r 1994 - 5:00 P.M.
RECESS: Council Member Daly moved to recess into Closed Session, Council
Member Feldhaus seconded the motion. Council Member Simpson was absent.
MOTION CARRIED. (3:15 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Member Simpson, and welcomed those
in attendance to the Council meeting. (5:14 p.m.).
INVOCATION: Reverend Stanley Quebe, Zion Lutheran Church, gave the
invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were
unanimously adopted recognizing Paul Mooney, Anaheim Police Department;
Ofelia Murphy, Maintenance Department and Michael Jonas, Utilities Department
retiring after more than 31 years of service each to the City of Anaheim.
Mayor Daly and Council Members congratulated Mr. Mooney, Mrs. Murphy and
Mr. Jonas and commended them for their many years of dedicated service to the
citizens and the City of Anaheim.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Recognizing Code Enforcement Week in Anaheim
Recognizing October 2-8, 1994, as Rideshare Week in Anaheim
John Poole, the City's Code Enforcement Manager accepted the Code Enforcement
Week proclamation and Diana Kotler and Kathleen Reavis, Commuter Services
accepted the Rideshare Week proclamation. They also announced all the
activities to be held in conjunction with Rideshare Week.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing Supervisor Bill Steiner, recipient of
Martin Luther Hospital's 1994 Vision Award
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,010,786.17 for the
period ending September 23, 1994, in accordance with the 1993-94 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:30 p.m.)
Mayor Daly reconvened the City Council meeting. (5:36 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Karen Winkle. She is present to advise that there are to be four speakers
regarding the request for a soundwall.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5~00 P.M.
Charles Winkle, 6257 Northfield Avenue, Anaheim. For more than a year, the
residents have attended meetings, signed petitions, called and written letters
regarding the City's participation in constructing the soundwall at
Orangethorpe/Esperanza behind their homes. It appears that the safety of the
residents is not the Council's main concern since a year has passed. He
briefed the problems experienced which had been relayed to the Council at
previous Council meetings and other meetings held with the residents and other
agencies. A safety soundwall would serve as a sound barrier, a barrier
against hazardous spills, landslides and derailments. The time has come for
the City to address the safety issues or deny them. They want to see some
action. They feel the residents have been put off and harassed by City
Engineering staff. It is time for action now.
Mayor Daly. He asked the City Manager to comment on the proposed soundwall.
City staff has analyzed the situation and has spent considerable time talking
to Yorba Linda, Congressman Kim, the County Transportation Authority and
others. He asked the City Manager the status.
City Manager James Ruth. Staff has been diligently working with all the
surrounding agencies and Yorba Linda and have finalized or are in the process
of finalizing a report to the Council which is scheduled for next Tuesday's
agenda for consideration of an action plan including a plan to deal with the
soundwall issue. Deputy City Manager, Tom Wood has been working with all the
attendant agencies as well and will present the action plan for Council
consideration next Tuesday.
Tom Wood, Deputy City Manager. The approach will be to acknowledge it is a
regional issue that is best solved with the cooperation of OCTA, Fullerton,
Yorba Linda, Placentia, Anaheim and the County. It is not just a sound issue
but also problems at the railroad crossings that are being created by the
additional rail traffic added to the line which will be part of the report the
Council will be receiving next week.
Ray Hatfield, 6251 Northfield Field, Anaheim. Speaking to the Mayor, he noted
that the Mayor did come to his house where a meeting was held. There was
discussion and the Mayor listened to the trains going by so he is aware of the
situation. He (Hatfield) wants to know if the wall is being funded. He
referred to correspondence received from the Mayor but is not certain of the
status.
Mayor Daly. The City has talked to everybody they believe can be a part of
the solution. Yorba Linda also has to be involved in any discussion of a
solution as well. They are trying to be responsible in resolving the problem.
City staff will be bringing an action plan forward next Tuesday and they are
invited to 100k at that. It will be available on Friday before the Tuesday
meeting. He does not believe there is a simple answer. They have a
responsibility to all taxpayers. They need to hear from engineers and
qualified people to advise how much safety and sound attenuation is possible.
That is what the work plan is designed to accomplish.
Earl Beal, 7715 E. Northfield. He purchased the property next to the track
17 years ago and was aware that the tracks were there. However, there is now
a second rail and twice as much traffic. An EIR should have been prepared by
the people who put in the tracks, not the City of Anaheim.
Kathy Wright, Friendly Village Mobilehome Park. Their lifestyle is horrendous
and to demonstrate what the residents endure each day, she played an audio
tape taken from her home wherein loud train noises, whistles, and idling could
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5~00 P.M.
be heard, something they have to live with 24 hours a day. This particular
tape was made at 2:00 a.m. The residents should not have to live like that.
The original track was never a problem and she had lived with it for 21 years
and never had to call the Santa Fe Railroad (SFRR) in that time, but now it is
different. They want their lives back. She feels the Sante Fe Railroad,
Anaheim and OCTA have the responsibility to resolve the matter and to do so in
a timely manner.
Mike Altman, Owner, Big "O" Tires, 718 W. Lincoln Avenue, Anaheim. He is
reporting on the activity at his business since he last spoke to the Council
on September 20, 1994 (see minutes that date). On Saturday, September 24,
1994, he held a patriotic demonstration and program sponsored by Big "O" at
his business.
Mayor Daly interjected and questioned what this had to do with City business.
Last week they talked about City staff reviewing the existing ordinance
regarding flags and banners. Mr. Altman is welcome to work with City staff
and members of the business community on that issue. The City Attorney and
City Manager and other officials are examining the existing ordinance.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A12 and B7
(see discussion under those 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 September 27,
1994. Council Member Pickler seconded the motion. Council Member Simpson was
absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, 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
Member Pickler offered Resolution Nos. 94R-241 and 94R-242 for adoption.
Council Member Pickler offered Ordinance Nos. 5451 and 5452 for adoption.
Refer to Resolution/Ordinance 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 John D. Kopaczewski, Jr. for property damage
sustained purportedly due to actions of the City on or about July 21,
1994.
b. Claim submitted by Jordan R. Young for property damage sustained
purportedly due to actions of the City on or about August 16, 1994.
c. Claim submitted by Esther B. Poole for property damage sustained
purportedly due to actions of the City on or about August 25, 1993 through
August 25, 1994.
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City Hall, ~--heimr California - COUNCIL MINUTES - SEPTEMBER 27r 1994 - 5:00 P.M.
d. Claim submitted by Jessie L. Senters for property damage sustained
purportedly due to actions of the City on or about January 9, 1994.
e. Claim submitted by Ed Fletcher for property damage sustained
purportedly due to actions of the City on or about August 1, 1994.
f. Claim submitted by Robert Williamson Duff for property damage
sustained purportedly due to actions of the City on or about August 21,
1994.
g. Claim submitted by Pacific Bell, attn: W. Booth, Case No. B$46-0499
for property damage sustained purportedly due to actions of the City on or
about July 9, 1994.
h. Claim submitted by Karen Mackey for property damage sustained
purportedly due to actions of the City on or about March 7, 1994.
i. Claim submitted by Leonard Campos, c/o Daniel A. Brown, esq., for
property damage sustained purportedly due to actions of the City on or
about June 22, 1994.
j. Claim submitted by Darrell Plauche dba Plauche Electrical
Construction, c/o Jean C. Wilcox, esq., for property damage sustained
purportedly due to actions of the City on or about May 9, 1994.
A2. 117: Receiving and filing a Summary of Investment Transactions for
August, 1994, as submitted by the City Treasurer.
A3. 164: RESOLUTION NO. 94R-241: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A REVISION TO THE MASTER PLAN FOR DRAINAGE AS IT
PERTAINS TO THE SOUTH CENTRAL AREA OF ANAHEIM.
A4. 170: TO consider approval of the Final Map of Tract No. 13513, and the
Subdivision Agreement with Baldwin Building Contractors; and authorizing the
Mayor and City Clerk to execute said Agreement. Tract No. 13513 is located at
The Summit of Anaheim Hills on Summerbreeze Lane, Hayden Court and Bromley
Court, and is filed in conjunction with Specific Plan No. 88-2.
City Manager Ruth. This item is to be removed from the agenda at this time as
requested by the developer. Ail the necessary paperwork is not in order.
There was no action taken by the Council. The item was removed from
consideration at this time.
AS. 123: Approving Amendment No. i to Cooperative Agreement No. C-93-625
with Orange County Transportation Authority for the initial phase of
right-of-way engineering for the Harbor/Lemon/$R-91 Freeway Interchange
Improvement Project.
A6. 160: Accepting the Iow bid of Blue Diamond, in an amount not to exceed
$40,000 for cold mix asphalt, for a period of one year, commencing September
1, 1994, in accordance with Bid #5308.
A7. 123: Accepting the low bid, and authorizing the execution of a Contract
to Landscape West, Inc., in an amount not to exceed $47,493.60 for a two year
period with three one year optional extensions for landscape maintenance at
Civic Center East and the Maintenance Facility, in accordance with Bid #5309.
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Ci2¥ Hall~ ~ahe£m, California - COUNCIL NINUTES - SEPTEMBER 27, 1994 - 5~00
A8. 160: Accepting the low bid of Willamette Industries, in an amount not to
exceed $55,000 for computer paper products, for a period of one year,
commencing October 1, 1994, in accordance with Bid ~5299.
A9. 160: Accepting the low bid of Aviall Services, Inc., in an amount not to
exceed $97,000 for the overhaul of the engine for Police helicopter Nl1082, in
accordance with Bid #5307.
AIO. 179: ORDINANCE NO. 5451 - ADOPTION= AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING SUBSECTIONS .400 AND .621 TO SECTION 18.61.050 OF CHAPTER 18.61
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RETAIL FURNITURE
SALES). (Introduced at the meeting of September 20, 1994.)
Ail. 106: Approving $18,240,868 of expenditure appropriations and $8,896,055
of revenue appropriations from fiscal year 1993/94 requested for
reappropriation to fiscal year 1994/95.
Al2. 123: Approving a Master Agreement with the Orange county Conservation
corps, in an amount not to exceed $300,000 to provide services to the City.
Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to the meeting of
August 16, 1994 wherein the City approved an agreement with the Orange County
Conservation Corps (OCCC) forgiving a $50,000 debt in exchange for OCCC
performing services equivalent in value to the amount of the debt. He asked
to what amount has the debt been forgiven or is there still an amount of work
required.
City Manager Ruth. With respect to the $50,000 for in-kind services, there
are a variety of projects listed and brought before the Council some weeks
back. Some have been completed and some are in various stages of completion.
They will honor that equity contribution in regard to the $50,000 debt. The
$300,000 in the proposal tonight are for projects that had been budgeted in
city budgets throughout various departments which possibly would have been
contracted out to private enterprise. They did a survey of the departments to
determine which projects they felt would be appropriate that the Corps could
do. The individual departments would be working with the Corps for their
particular project and funded out of the various departments. It is not new
money. It is in the budget and appropriated by the City Council. The
decision by the departments would be whether they want the Corps to do the
projects or contract outside. The projects the Corps has done thus far have
been very well done.
Al3. 123: Approving an Agreement with the Boys and Girls Club of Anaheim, in
the amount of $7,500 to provide recreational and educational services to youth
in the City of Anaheim.
Al4. 123: Approving an Agreement with the Orange County Council on Aging,
Inc., in the amount of $14,000 for ombudsman services in the City of Anaheim.
Al5. 123: Approving an Agreement with Feedback Foundation, Inc., in the
amount of $19,265 for home delivery of meals to elderly residents in the City
of Anaheim.
Al6. 123: Approving an Agreement with the Anaheim Interfaith Shelter, in the
amount of $20,323 to provide housing, counseling, and referrals to homeless
families.
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City Ha11~ Anaheim~ Californla - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5sO0 P.M.
Al7. 123: Approving an Agreement with the Fair Housing Council of Orange
County, in the amount of $66,000 for community outreach, education, counseling
and mediation services related to fair housing.
A18. 123: Approving an Application and Agreement for use of school
facilities with the Centralia School District (Danbrook Elementary School) for
the Project Save A Youth "Kids in Action" program, and authorizing the City
Manager to execute said Agreement on behalf of the City.
Al9. 184: Reviewing the need for continuing the Fourth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
September 6, 1994, concerning the Santiago Landslide and Pegasus Landslide in
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
A20. 153: RESOLUTION NO. 94R-242s A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONCERNING CHARITABLE PAYROLL DEDUCTIONS. (Approving the
creation of the Employees Charities Fund Drive consisting of the Anaheim
Community Foundation, Orange County's United Way, and the Combined Health
Appeal of California.)
A21. 175: Ratifying the Public Utilities General Manager's action in
executing the ballot for accepting plans of reorganization in the Chapter 11
Bankruptcy Cases of Pacific Outlook Sportswear, Inc., and related affiliates,
on behalf of the City of Anaheim; and authorizing the Public Utilities General
Manager to execute necessary documents to accept the offered settlement of the
outstanding debt.
A22. 108: ORDINANCE NO. 5452 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTERS 18.89 AND 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO SEX-ORIENTED BUSINESS PERMITS. (Introduced at the meeting of
September 20, 1994.)
A23. 123: Approving a Fourth Amendment to Agreement with Eberhart and Stone,
Inc., to provide continued services pertaining to the Santiago Landslide.
Roll Call Vote on Resolution Nos. 94R-241 and 94R-242 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Hunter, Daly
None
Simpson
The Mayor declared Resolution Nos. 94R-241 and 94R-242 duly passed and
adopted.
Roll Call Vote on Ordinance Nos. 5451 and 5452 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Hunter, Daly
None
Simpson
The Mayor declared Ordinance Nos. 5451 and 5452 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5:00 P.M.
A24. 105: APPOINTMENT TO FILL UNSCHEDULED VACANCY - PUBLIC UTILITIES BOARD:
Appointment to fill the unscheduled vacancy created by the untimely
passing of Bob Kazarian, term ending June 30, 1994.
This item was continued from the meetings of August 9, August 23 and
September 20, 1994 to this date.
MOTION: Council Member Daly moved to continue the subject appointment for two
additional weeks to provide adequate time for people to apply. Council
Member Hunter seconded the motion. Council Member Simpson was absent. MOTION
CARRIED.
ITEMS B1 - B9 FROM THE PLANNING COMMISSION M~TING OF SEPTEMBER 7, 199a
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 29, 1994:
BI.
179: VARIANCE NO. 4256 AND NEGATIVE DECLARATION:
OWNER: R.H. Siegle, 919 E. South Street, Anaheim, CA 92805
AGENT: Phillip R. Schwartze, 31682 E1 Camino Real, San Juan Capistrano,
CA 92678
LOCATION: 919 E. South Street. Property is approximately 3.6 acres
located at the northwest corner of South Street and Rose Street.
Waiver of dedication and improvements for Tentative Parcel Map No. 91-
164.
ACTION TAKEN BY THE PLANNING COMMISSION~
Variance No. 4256 GRANTED (PC94-118) (5 yes votes, I abstained, and 1
absent).
Approved Negative Declaration.
B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3703 AND
NEGATIVE DECLARATION:
OWNER: Sidney E. Lewis Family Trust, Attn: John O. Franklin, 6375 East
Tanque Verde Dr., Tucson, AZ 85751
AGENT: Lewis R. Schmid, 1725 S. Douglass Rd., Ste. C, Anaheim, CA 92806
LOCATION: 2610-20 East Katella Avenue. Property is approximately 1.32
acres located south and east of the southeast corner of Katella Avenue
and Douglass Road.
To permit a 22,000-square foot planned unit commercial shopping center
including a 14,000-square foot semi-enclosed restaurant with on-premise
sale and consumption of beer and wine with waiver of (a) minimum
landscape requirements (DELETED), (b) required parking lot landscaping
(DELETED) and (c) minimum number of parking spaces.
ACTION TAKEN BY TME PLANNING COMMISSION:
CUP NO. 3703 GRANTED, IN PART, (PC94-119) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, waivers (a) and (b)
deleted.
Approved Negative Declaration.
B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3716 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: Lewis R. Schmid, 1725 S. Douglass Road, Anaheim, CA 92806
AGENT: Jason Schmid, 1725 S. Douglass Road, Anaheim, CA 92806
LOCATION: 1725-1751 South Douglass Road. Property is approximately 3.2
acres located on the west side of Douglass Road and approximately 448
feet south of the centerline of Katella Avenue.
To permit an automobile parking lot for event parking purposes with
waivers of minimum landscape setback abutting a freeway right-of-way,
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5=00 P.M.
minimum layout and design of vehicular parking spaces and access ways
and minimum parking lot landscaping.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3716 GRANTED (PC94-120) (6 yes votes, 1 absent).
Waivers of code requirement APPROVED.
Approved Mitigated Negative Declaration.
B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3717 AND
NEGATIVE DECLARATION:
OWNER: Sterick Company, 828 Moraga Drive, Bel Air, CA 90049
AGENT: Rally's Hamburgers, Attn: Ralph Deppish, 5150 E. Candlewood,
~18, Lakewood, CA 90712; Dave Bartlett Associates, 6082 Jade Circle,
Huntington Beach, CA 92647
LOCATION: 121 North Beach Blvd. Property is approximately 0.42 acre
located at the northwest corner of Lincoln Avenue and Beach Boulevard.
To permit a drive through/walk-up restaurant with outdoor dining with
waivers of (a) minimum structural setback (DELETED) and (b) minimum
distance requirement for drive through lanes.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3717 GRANTED, IN PART, (PC94-121) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, waiver (a) deleted.
Approved Negative Declaration.
B5. 179: RECLASSIFICATION 94-95-03, WAIVER OF CODE REQUIREMENT, CONDITIONAL
USE PERMIT NO. 3715 AND NEGATIVE DECLARATION:
OWNER: Snoyman Land Development, Ltd., 801 S. Anaheim Blvd., Anaheim,
CA 92805
AGENT: J.R. Haxton, Post Office Box 2815, Orange, CA 92669
LOCATION: 801 South Anaheim Boulevard. Property is approximately 1.79
acres located at the southwest corner of South Street and Anaheim
Boulevard.
Reclassify subject property from the CH (Commercial, Heavy) and PD-C
(Parking District-Commercial) Zones to the CL (Commercial, Limited)
Zone.
To permit an automotive complex containing an auto sales lot with a
modular office trailer, auto repair facilities and an auto parts retail
store with waivers of required parking lot landscaping and minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 94-95-03 GRANTED, Unconditionally, (PC94-122) (6
yes votes, 1 absent).
CUP NO. 3715 GRANTED (PC94-123).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
E6.
179: VARIANCE NO. 4262 AND NEGATIVE DECLARATION:
OWNER: MCP Foods, Inc., Attn: Timothy W. Smith, Plant Engineer, 424 S.
Atchison St., Anaheim, CA 92805
AGENT: Timothy W. Smith, P.O. Box 3633, Anaheim, CA 92803
LOCATION: 424 South Atchison Street. Property is approximately 5.54
acres located south of Broadway, west of the Atchison, Topeka and Santa
Fe Rail Road right-of-way, north of Santa Ana Street, and east of
Kroeger Street (with approximate frontages of 125 feet on the south side
of Broadway, 430 feet on the north side of Santa Ana Street and 300 feet
on the east side of Kroeger Street.
Waivers of minimum number of parking spaces, maximum height, and minimum
setback within 40-feet of a residential zone boundary to construct a
30,000-square foot 2-story office and testing laboratory building.
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ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4262 GRANTED (PC94-124) (6 yes votes, 1 absent).
Approved Negative Declaration.
B7. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3714 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: IDM Apartment Corporation, One World Trade Center, Long Beach,
CA 90801
AGENT: Penhall Co., Attn: Dick Reel, P.O. BOX 4609, Anaheim, CA 92801
LOCATION: 714 North Brookhurst Street. Property is approximately 7.16
acres located at the northeast corner of Brookhurst Street and Grammercy
Avenue.
To permit a road base processing facility with on site rock crushing and
a temporary office trailer with waiver of minimum site screening.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3714 GRANTED, to expire in five years on September 7, 1999
(PC94-125) (6 yes votes, i absent).
Approved waiver of code requirement.
Approved Mitigated Negative Declaration.
Jay Freedman, Attorney with the Law Firm of Levison, Merrill, Jacobs and
Phillips. He represents a client who is a property owner at the corner of
Crescent and Brookhurst, QRE Holding Company. The matter deals with the
proposed conditional use permit. Today his client filed an appeal to the
Planning Commission resolution which grants the applicant, The Penhall
Company, a CUP to operate a rock crushing facility in a neighborhood that is
incompatible with such a facility.
City Attorney White interjected that the City did receive an appeal from
Mr. Freedman on this item shortly before 5:00 p.m. today so the matter will be
set for a public hearing in front of the City Council at which time
Mr. Freedman and anyone else including the applicant will have the opportunity
to present all their information at that time. No action will be taken by the
City Council tonight because of the appeal that has been filed. The public
hearing will be set and Mr. Freedman along with those required to be informed
will be sent a notice.
City Clerk Sohl stated for the Mayor that the public hearing would be set
within three to four weeks and Mr. Freedman would be notified accordingly.
Mr. Freedman requested if there is any possibility of moving the public
hearing date back they would like to do so. He feels the residents would
prefer to have an extended period of time in order to be able to provide some
type of response.
This matter will be set for a public hearing at a later date in accordance
with the appeal submitted by Mr. Freedman on behalf of his client.
REPORTS AND RECOMMENDATIONS~
BB. 179: CONDITIONAL USE PERMIT NO. 3301 - REQUEST FOR RETROACTIVE EXTENSION
OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: Blash Momeny, 27762 Pebble Beach, Mission Viejo, CA
92692.
LOCATION: Property is located on the northwest terminus of Garland
Circle.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5:00 P.M.
Petitioner requests an extension of time to comply with conditions of
approval for Conditional Use Permit No. 3301 (to permit the construction
of two dwelling units within the flood plain overlay zone) to expire
August 21, 1995.
ACTION TAKEN BY THE PLANNING COMMISSION:
Retroactive extension of time for CUP NO. 3301 APPROVED, to expire
8/21/95.
B9. 179: CONDITIONAL USE PERMIT NO. 3537 - REQUEST FOR RETROACTIVE EXTENSION
OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: John Louwsma, President, Hephatha Lutheran Church,
5900 E. Santa Aha Canyon Road, Anaheim CA 92807.
LOCATION: Property is located at 5900 E. Santa Ana Canyon Road.
Petitioner requests an extension of time to comply with conditions of
approval for Conditional Use Permit No. 3537 (to permit the phased
expansion of an existing church, school, and preschool facility with
waivers of minimum number of parking spaces, maximum structural height,
minimum landscape requirements, and required parking lot landscaping) to
expire September 9, 1995.
ACTION TAKEN BY THE PLANNING COMMISSION:
Retroactive extension of time for CUP NO. 3537 APPROVED, to expire
9/9/95.
END OF THE PLANNING COMMISSION ITEMS
BIO/Bll. 155~ ORDINANCE NOS. 5453 AND 5454 FOR ADOPTION: Ordinance
No. 5453 for adoption, amending Chapter 18.48 of the Anaheim Municipal Code
relating to Zoning and Development Standards for the Anaheim Resort Specific
Plan No. 92-2 and Ordinance No. 5454 for adoption, amending the Zoning Map
referred to in Title 18 of the Anaheim Municipal Code relating to zoning
(Specific Plan 92-2). (Both ordinances were introduced at the meeting of
September 20, 1994.)
Council Member Pickler offered Ordinance Nos. 5453 and 5454 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 5453: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING AND
DEVELOPMENT STANDARDS FOR THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2.
ORDINANCE NO. 5454: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(Specific Plan 92-2).
Roll Call Vote on Ordinance Nos. 5453 end 5454 for adoption:
AYE~
NOES:
ABSENT:
COUNCIL MEMBERS~
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Hunter, Dal¥
None
Simpson
The Mayor declared Ordinance Nos. 5453 and 5454 duly passed and adopted.
Cl. 108: MORATORIUM - NEW VENDOR/OPERATOR PERMITS:
To consider the adoption of an interim ordinance placing a temporary
moratorium on the issuance of new Vendor/Operator permits for a period of 90
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days while changes are being considered to Section 14.32.310 of Chapter 14.32
of Title 14 of the Anaheim Municipal Code (Street Vendor Ordinance).
Submitted was report dated September 9, 1994 from the Planning Department/Code
Enforcement Division recommending that there be an interim ordinance on the
subject.
City Attorney White. This would have the effect of prohibiting the issuance
of any new vendor permits for street vendors in the City for a period of
90 days. It would not prohibit renewal of existing permits or licenses to
persons or businesses already licensed but would not allow any new
applications or licenses to be approved. During the 90 days, the Planning
Department and City Attorney would return to the Council with a proposed set
of new regulations to provide for restriction on the number of permits within
the City. During this time, it is recommended that the City place a
moratorium on the issuance of new permits. The ordinance requires a
4/5ths vote for adoption and at the appropriate time, it will be necessary to
read the ordinance in full.
Mayor Daly asked if anyone wished to comment on the proposed ordinance.
Michael Blanco, 424 N. Philadelphia, Anaheim. Representing NOVA. They are
opposed to street vendors in Anaheim. They would like to add their support to
the subject moratorium. They are continuing their negotiation with
Carlos Quinonez who represents the street vendors. In the near future, they
plan to bring before the Council a new street vendor ordinance. The problem
continues to be one of enforcement. NOVA is proposing a system similar to
that which the City of Santa Ana will soon implement. They will have one
police officer dedicated to street vendors. He explained some of the
specifics of the proposal that they intend to present. If one police officer
was dedicated to street vendors, he could write enough citations to support
his cause. They would like to place the issue on the Council Agenda of
October 11, 1994 and this is to be considered a formal request. It is a
matter of the vendors obeying all the laws that other businesses have to
adhere to. If they are respecting the laws, NOVA would not be here.
City Clerk Sohl then read the proposed ordinance in full.
ORDINANCE NO. 5455 - URGENCY: Adopting an interim measure prohibiting the
issuance of any new permits for vending of goods or merchandise from vehicles
pursuant to Section 14.32.310 Of the Anaheim Municipal Code while the City is
studying and considering new regulations concerning such subject; and
declaring that this ordinance is an emergency measure which shall take
immediate effect.
Council Member Daly offered Ordinance No. 5455 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5455: AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM
MEASURE PROHIBITING THE ISSUANCE OF ANY NEW PERMITS FOR VENDING OF GOODS OR
MERCHANDISE FROM VEHICLES PURSUANT TO SECTION 14.32.310 OF THE ANAHEIM
MUNICIPAL CODE WHILE THE CITY IS STUDYING AND CONSIDERING NEW REGULATIONS
CONCERNING SUCH SUBJECT; AND DECLARING THAT THIS ORDINANCE IS AN EMERGENCY
MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5:00 P.M.
Roll Call Vote on Ordinance No. 5455 for adoption=
AYES:
NOES:
ABSENT=
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Hunter, Daly
None
Simpson
The Mayor declared Ordinance No. 5455 duly passed and adopted.
C2.
173: CENTRAL ORANGE COUNTY FIXED GUIDEWAY AGENCY (COCFGA}:
Recommendation from Council Member Pickler that the City of Anaheim
withdraw from COCFGA, and not pay $10,000 in annual dues.
Council Member Pickler. Anaheim has been one of the leaders in the
organization which has done a great job; however, he believes the work of the
organization to be complete and it is now business that should be under the
jurisdiction of OCTA. Further, with funds as tight as they are, it will save
Anaheim $10,000. He recommends, therefore, that the City withdraw from the
COCFGA.
MOTION: Council Member Pickler thereupon moved that Anaheim withdraw from the
Central Orange County Fixed Guideway Agency. Council Member Hunter seconded
the motion.
Before a vote was taken, Mayor Daly stated he believes that staff agrees this
is an appropriate move to withdraw from the agency and allow the County
Transportation Authority to proceed on with such planning.
A vote was then taken on the foregoing motion. Council Member Simpson was
absent. MOTION CARRIED.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS=
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. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3680 AND
NEGATIVE DECLARATION:
OWNER: EMC Mortgage Corp., Attn: Sheri Wilson, 511 E. John Carpenter
Fwy., Irving, TX 75062
AGENT: The Eli Home, Inc., 140 S. Imperial Hw~y., Anaheim, CA 92804;
Jeffrey Farano, 2100 S. State College Blvd., Anaheim, CA 92806
LOCATION/REQUEST: 100 S. Canyon Crest Drive. Property is approximately
0.22 acres located at the southeast corner of Santa Ana Canyon Road and
Canyon Crest Drive.
To permit a group home for abused women and their children.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3680 GRANTED for one year (PC94-56) (6 yes votes, 1 absent).
Approved Negative Declaration.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by Gene Secrest and public hearing scheduled and continued from the
meeting of July 12, 1994 at the request of Jack Rubens, law firm of Sheppard,
Mullin, Richter, and Hampton on behalf of Mr. Secrest; and continued from the
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5:00 P.M.
meeting of August 2, 1994, so that applicant can submit revised plans to the
Planning Department by September 13, 1994.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - June 23, 1994
Mailing to property owners within 300 feet - June 23, 1994
Posting of property - June 24, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated May 16, 1994.
The public hearing was continued from the meeting of August 2, 1994 to this
date and to afford the applicant the opportunity to submit revised plans first
to the Planning Department staff by September 13, 1994 and then for Council
consideration of the public hearing today.
Submitted was report dated September 20, 1994 from the Zoning Manager which
noted that it is a supplement to the City Attorney's report of July 7, 1994
and the Planning Commission staff report of May 16, 1994 (both previously made
a part of the record).
Mayor Daly. He asked that staff summarize the latest developments on the
proposal including any design changes or new conditions proposed.
Mary McCloskey, Deputy Planning Director. She referred to staff report of
September 20, 1994 recommending that the Council grant CUP 3680 subject to the
conditions of approval contained in Planning Commission Resolution PC94-56
including an additional condition pertaining to an easement agreement as
stated on page 1 of the staff report (see staff report of September 20, 1994).
She also briefed the changes to the facility's original layout and design
including modifications to the first and second floor (see page 2) and a
summary of the result of the changes (see page 3). Also submitted to the
Council and applicant was a three-page document entitled - Staff Recommended
Conditions of Approval pertaining to Conditional Use Permit No. 3680 -
Eli Home, Inc. - September 27, 1994 which contained the list of conditions of
approval for the Eli Home Project as adopted by the Planning Commission
(PC94-56) but including recommended amendments or additions indicated by bold
print and strike-outs as recommended by the Planning Department's staff (see
pages 1-3 listing conditions 1-30). Mrs. McCloskey went through each noting
whether they were amended conditions or new conditions.
City Attorney White. He read the motion that was made at the meeting of
August 2, 1994 before the Council when the matter was continued which was,
"...to reopen the public hearing for the limited purpose of allowing the
applicant to submit revised plans and that the hearing be continued to
September 13 (but later in that meeting changed to September 27) for the sole
purpose of taking any additional testimony or evidence relating to the
revisions %hat may b~ mad~ to th~ plans. If th~ applicant doe~ not ~ubmit
revised plans, there would be no testimony taken". He clarified that the
hearing is still open for comments by the applicant - those in support and
those in opposition, but that the testimony be limited only to matters
relating to revised plans since extensive testimony was taken at the meeting
of August 2, 1994 (see minutes that date).
Jeff Farano, Attorney, Farano & Kieviet, 2100 S. State College Blvd., Anaheim,
representing the applicant, Eli Homes. (Also see 4-page letter dated
September 22, 1994 submitted by Mr. Farano with attachments - made a part of
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City Hall, Anaheimt California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5:00 P.M.
the record.) He will address three areas for purposes of clarification
relative to the structure discussed at the last meeting. The roof structures
have been changed and now there is no need for a height waiver. He
understands that there is no condition on restricting the use of the third
floor and it could be used if it satisfied all of the building code
requirements. It is their calculation it could be used for possibly one room.
The second point, item 18 of the staff report of September 27, 1994 states
that the children in the facility shall not be permitted to play outdoors or
be involved in outside activities after 7:30 p.m. He would like that changed
to outdoor play after dark. There are times in the summer that there may be
activities in the evening and 7:30 p.m. is overly restrictive and he does not
believe it will conflict with their Letter of Operation. Relative to the
expiration of the CUP one year from the date of occupancy, there has been no
evidence that the facility creates a problem and there is no history of same
at any other facility. There is no factual information from Code Enforcement
or any other agency in that regard. A one-year expiration is not justified; a
one-year review may be more appropriate. To buy a home, make the structural
changes and create an operation for only one year, no one would be able to
operate a facility with that restriction.
In concluding, he referred to the 10-page letter dated September 27, 1994 from
Jack Rubens, Sheppard, Mullin, Richter and Hampton, Attorney for Gene Secrest
which he saw about one-half hour ago since it was submitted just before the
Council meeting started. He (Farano) cannot comment on it because he has not
had time to review it in any depth.
Mayor Daly. On the issue of the length of the permit, the Planning Commission
approved it for one year. He asked for clarification as to Mr. Farano's
request.
Jeff Farano. The condition is that the permit expires in one year. The Eli
Home would not have a permit in one year but would have to come back and
reapply. He is suggesting that should be a review as opposed to an expiration
on an annual basis.
City Attorney White. On behalf of staff, there is a distinction between a
permit only valid for one year which then places the burden on the property
owner to reapply if he wishes and a permit granted without a time limitation
but subject to review on an annual basis or after one year. It would be much
more difficult for the City to revoke the permit on the one-year basis than it
would be to deny a new permit after the initial one-year period had expired
because a vested right is acquired. Staff's reason for including the one year
language was to require what Mr. Farano does not want to have happen - that
the vested right aspect of this permit would expire after one year and it
would in essence be a "new ball game". The onus would again be on the
applicant to show justification for extending the permit. If there are no
problems with the application or exercise of the permit after one year, the
Council could at a new hearing grant a new'permit with either a longer time
limitation or no time limitation.
Mayor Daly asked if there were any additional speakers in support who have not
had a previous opportunity to speak; Mr. Farano came forward with a letter
submitted by Sheila Haral, a local neighbor in the area who is in support of
the Eli Home (letter made a part of the record).
Mayor Daly then asked to hear from those in opposition speaking only to the
revisions submitted.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5500 P.M.
Mr. Jack Rubens, Sheppard, Mullin, Richter and Hampton representing Gene and
Charmella Secrest. He is going to speak on views shared by all of the
residents in the community located adjacent to Eli Home (also see testimony
given at the meeting of August 2, 1994) with the exception of Leo Deterding.
He referred to his letter faxed late this afternoon (see 10-page letter dated
September 27, 1994) which divided into two parts - the first part being
comments on the revised plans and the second, conditions the residents would
like to see added. While they believe the permit should be denied all
together for all the reasons set forth in his previous letter (see 28-page
letter dated July 29, 1994 with attachments - previously made a part of the
record), it seems the Council is prepared to approve the permit with
conditions and without 3rd floor occupancy. He also reported that his letter
of September 27, 1994 was faxed to Mr. Farano several hours ago and the
September 22, 1994 letter from Mr. Farano was not provided to him or any of
the residents.
Mr. Rubens then briefed his letter first commenting on the revised plans (see
page 2 of his letter), the concern being that the revised plans reduced the
habitable space in the home to approximately 131 square feet per resident
according to his calculations. It eliminates the entire 350 square foot
counseling room originally planned for the 3rd floor, the 100 square foot
library, reduces the size of the dining room, eliminates the living room if
that room is treated as a bedroom and reduces the aggregate square footage of
the bedrooms. Considering the site development standards for the
RS-HS-22000 zone, 3.5 acres would be required to house 28 people (22 residents
and a minimum of 6 staff members) resulting in a population density at the
facility which is more than 20 times the population density of the surrounding
neighborhood.
Mr. Rubens, in his extensive presentation, briefed each of the 25 conditions
the residents would like to see added if the Council approves the CUP in
addition to the conditions imposed by the Planning Commission noting that
numbers 18 through 24 are conditions suggested by Mr. Farano in his
September 22, 1994 letter. (See Conditions i through 28, pages 5-9 of
Mr. Rubens letter of September 27, 1994.) During his presentation, he noted
that the most important condition is Condition No. i - that there be not more
than 10 temporary residents, that is, all residents other than the live-in
manager and family and that not more than 16 persons be permitted in the
facility including outdoor areas at any time. The second most important is
Condition No. 5 - that the home shall comply with all requirements for a
Group R, Division I occupancy under the Anaheim Building Code upon which he
elaborated. In concluding, Mr. Rubens respectfully requested on behalf of
Mr. Secrest that the Council uphold the appeal and deny the CUP or, if
granted, that the Council impose each of the additional conditions set forth.
City Attorney White then clarified ~or Council Member Pickler that relative to
the letter and the proposed conditions contained therein, the Council meeting
started at 3:00 p.m. with a Closed Session and when he came out of Closed
session at 5:00 p.m., there was a 10-page single spaced letter from Mr. Rubens
sitting on his agenda material. He has not had an opportunity to read it,
study it and has no opinion on it at this time. It is impossible for him to
deal with 25 or however many conditions there are after the start of a
meeting. He does not know how it relates to staff's conditions or the
conditions Mr. Farano submitted. He clarified for Council Member Pickler that
relative to the conditions submitted by staff, he worked with the Planning
Department in putting some of those conditions together.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5:00 P.M.
Mr. Rubens stated that many of the conditions that are included are either
conditions Mr. Farano proposed or conditions which are not specifically stated
in their previous letter. Most of the conditions in his letter of September
27, 1994 should be no surprise at all to staff.
Karen Blume, 180 Possum Hollow, Anaheim. She referred to a letter sent to the
City Council from Kim White dated August 4, 1994. The letter was a response
and rebuttal to the letter signed by the homeowners in Orange where the Eli
house was previously located. There was a letter presented by the homeowners
at the meeting of August 2, 1994 reporting what bad neighbors the Eli Home had
been and the problems that occurred. The letter from Kim White was a response
to that. She took the letter back to the neighbors last night and they looked
at it and said the letter she had written had a lot of inaccuracies and
untruths. They wanted her (Blume) to let the Council know that the Eli Home
to them was not a good neighbor, that there were problems with trash, noise,
and to do everything they possibly could within the law to keep the Eli Home
out of their neighborhood. (She submitted a copy of the letter.)
Gene Secrest, 121 S. Canyon Crest Drive, Anaheim. He has been a general
building contractor for over 20 years. He has reviewed the plans of the
proposed Eli Home and discovered what he considers alarming flaws. He then
explained what he discovered. He feels that the home cannot be legally
constructed and the Council's decision is based on incomplete or
misinformation. The plan is not ready to be voted upon without critical
changes. The Council has the power to do two things, avoid the costly mistake
of creating a problem and encourage the Eli Home to find a place that will
accommodate their needs. After broaching many issues, he asked the Council to
deny the permit outright or modify the application so that it can become a
part of Anaheim and be good for the citizens, the residents and for the
children they hope to house there.
SUMMATION BY
APPLICANT~
Jeff Farano, Farano & Kieviet. He would like to address some of the
issues that he believes are new issues. He was under the impression
that today's hearing was only to discuss and consider changes/revisions
to the plans. At the outset, Eli Home invited all of the neighbors and
sent out invitations for them to come to their office on Imperial
Highway. The presentation and meeting lasted several hours and it
became evident after that meeting that the neighbors were 100% opposed
and have been throughout. They made it clear no matter what changes
were made, they were not going to be happy. The Eli Home did not feel
it would be very productive to start all over again. He then addressed
several of the conditions as proposed by Mr. Rubens either explaining or
rebutting why the conditions need not be imposed.
Mayor Daly interjected and asked that Mr. Farano speak to only
those conditions in order to make his case; Mr. Farano then did so
and concluded his presentation that there are no major changes to
the building and it is not going to be gutted and changed. He
does not see any need to impose restrictions that would be
appropriate on a new building. This is an existing building.
Mayor Daly then stated no matter what happens, he feels this is
getting off to a bad start. It is disappointing to see this come
to pass in a community where such a worthy cause is not dealt with
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27f 1994 - 5=00 P.M.
in a person-to-person fashion. Instead, attorneys are hired and
many conditions are submitted at the last minute.
Council Member Hunter. He agrees. The Council has been inundated
with about 100 conditions tonight. There is no way to digest all
of the material in order to come to a decision. The material
should have been presented in a more timely and orderly manner.
Mayor Daly closed the public hearing. (Subsequently Sheila Harel,
256 Calle Diaz, approached the podium and spoke on behalf of Eli Homes and a
letter Was submitted by someone from the audience written by Donna Curry which
was made a part of the record. Mayor Daly reiterated that the public hearing
was closed.)
Mary McCloskey, Deputy Planning Director. Planning staff received a letter
from Mr. Rubens at approximately 4:30 p.m. She has had an opportunity to give
it only a cursory review. She could go through every one of the conditions
and give her opinion but staff would like an opportunity to comprehensively
address the matter and to review the proposed conditions with the City
Attorney.
Council Member Hunter. The Council has received the staff recommended
conditions. He asked if the conditions proposed by Mr. Rubens differ from
those of staff.
Mary McCloskey. There are a number that are different and outside of the ones
that require a legal opinion or need the City Attorney's attention, there is
only one she can see that has not already been covered by a recommended
condition or one that would not be appropriate - that the facility not be used
for fundraising or promotional activities. She does not believe the code
allows them to do that in any case but it could be added. Relative to the
balance, many have already been addressed through other recommended conditions
of approval or are code requirements that will happen in any case. She
clarified for Council Member Hunter that Condition No. 24 requires them to
comply with all minimum standards of the City of Anaheim including all the
applicable codes adopted by the City.
Council Member Pickler. Referring to the comments by Mayor Daly and Council
Member Hunter, they could wait another two weeks and he is certain the
opposition could come in with another 25 conditions as well as staff. They
are at a point where he would like to see the Eli Home go forward. If the
matter is continued for a few weeks, the people who are opposed will come back
with other conditions. He would like to hear from'the Fire Department
relative to the safety aspects of the structure.
Council Member Feldhaus posed questions relative to the square footage
involved because he has heard conflicting numbers regarding a habitable square
footage per the revised plans.
Karen Dudley, Associate Planner. With the modified plan, there is going to be
3,284 square feet of habitable dwelling area. The staff report of
September 20, 1994 indicates a total area of 3,924 square feet. That includes
a 640 square foot garage which is not habitable. It is the total gross floor
area from exterior walls to exterior walls as required measurements by code.
City Attorney White. Because this is a conditional use and a discretionary
permit is needed from the Council, the Council has the right to impose greater
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5:00 P.M.
restrictions than contained in the housing and building code with regard to
occupancy.
Karen Dudley. She clarified the following for Council Member Feldhaus:
"Every dwelling unit shall have at least one room and shall have
not less than 120 square feet floor area. Other habitable rooms
except kitchens shall have an area of not less than 70 feet.
Where more than two persons occupy a room for sleeping purposes,
the required floor area shall be increased at a rate of 50 square
feet for each occupant in excess of two."
Gary Wilder, Fire Marshal. A major issue for the Fire Department is whether
or not the occupancy is qualified as a licensed-care facility or not. They
have correspondence from the State of California Health and Welfare Agency
saying it is not. However, if there are other issues not discussed with that
Agency they must do that before making a final determination. If it is a
licensed facility, it does require a sprinkler system but there are exceptions
to that. If it ultimately becomes a three-story building, there are no
exceptions and it does have to be sprinklered.
City Attorney White. In response to an earlier question by the Council, if
the Council determines that the requisite requirements and criteria are
satisfied under 18.03.030 of the Anaheim Municipal Code to grant this permit,
he would feel that the staff recommended conditions would be sufficient. He
does not have reason to recommend any modification or additional conditions be
added at this time.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member Hunter, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. Council Member Simpson was
absent. MOTION CARRIED.
Council Member Pickler offered Resolution No. 94R-243 for adoption, granting
Conditional Use Permit No. 3680 subject to findings set forth in
Section 18.03.030 sub. .030 of the Anaheim Municipal Code with appropriate sub
findings based upon the evidence and with the staff conditions as recommended
in the September 27, 1994 communication from the Planning Department. Refer
to Resolution Book.
RESOLUTION NO. 94R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3680.
Before a vote was taken, Council Member Feldhaus stated he is voting no based
on the density. He feels there are too many people.
Mayor Daly. He is going to vote to support with the modifications. The
disappointment he feels is that a greater attempt has not been made to fully
convince the community nearby that this project can and will be a good
neighbor. As he understands, the proposal is to echo the Planning Commission
approval.
Council Member Pickler. That is correct and it is still a one-year CUP which
gives the Council some jurisdiction.
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City Hall r Anaheim~ California - COUNCIL MINUTES - SEPTEMBER 27, 1994 - 5=00 P.M.
Mayor Daly. His hope during the next year is that the project and its
supporters will be able to successfully convince the doubters that this will
be a project the community can embrace and will be a good neighbor. This
project is about solving problems in society and that is why he will support
Council Member Pickler's resolution of approval.
A vote was then taken on the foregoing resolution as offered by Council
Member Pickler.
Roll Call Vote on Resolution No. 94R-243 for adoption~
AYES= COUNCIL MEMBERS= Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: Feldhaus
ABSENT: COUNCIL MEMBERS: Simpson
The Mayor declared Resolution No. 94R-243 duly passed and adopted.
D2. 179: CONTINUED PUBLIC HEARING - CANCELLATION OF THE AGRICULTURAL
PRESERVE CONTRACT FOR THE DOUGLASS PROPERTYr AND APPROVAL OF CEQA MITIGATED
NEGATIVE DECLARATION:
The subject property is located at 1501 and 1551 South Douglass Road and is a
triangularly shaped parcel consisting of approximately 7.3 acres located on
the west side of Douglass Road between Cerritos Avenue and Katella Avenue.
The public hearing is relative to the cancellation of the Agricultural
Preserve Contract for the Douglas property and determining that the previously
approved Mitigated Negative Declaration for the Anaheim Arena Area Public
Parking Facilities is adequate to serve as the environmental documentation for
this project.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - August 30, 1994
Mailing to property owners within 300 feet - August 29, 1994
Posting of property - September 1, 1994
This matter was first heard on September 13, 1994 and continued from the
meetings of September 13 and September 20, 1994 to this date as requested by
Tejas Partners. On September 13, 1994 the public hearing was opened to
determine if anyone wished to speak and subsequently continued for one week to
September 20, 1994 and then again to this date.
STAFF INPUT:
See staff report dated September 7, 1994 to the City Manager/City Council from
the Zoning Administrator recommending that certain actions be taken in
connection with the subject cancellation.
City Clerk Sohl announced that letter dated September 27, 1994 from J. Wayne
Allen of Tejas Partners had been received requesting an additional one-week
continuance of the public hearing to October 4, 1994.
MOTION: Council Member Hunter moved to continue the public hearing for one
week to October 4, 1994. Council Member Pickler seconded the motion. Council
Member Simpson was absent. MOTION CARRIED.
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D3. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3699 AND NEGATIVE DECLARATION:
OWNER: The Byzantine Catholic Bishop of Van Nuys, 8131 North 16th
Front, Phoenix, AZ 85020
AGENT: Rev. George N. Vida, 319 North Harbor Blvd., Anaheim, CA 92805
LOCATION/REQUEST: The property is located at 999 N. West Street and is
approximately 2.5 acres located on the west side of West Street and
approximately 590 feet south of the centerline of La Palma Avenue. The
request is to permit an 8,355-square foot church, a 6,950-square foot,
2-story social hall with basement and a 30-foot high bell tower with
waivers of maximum structural height, minimum front yard setback,
minimum setback of institutional uses adjacent to a residential zone,
minimum rear yard setback, permitted accessory buildings, permitted
signs and required parking lot landscaping.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3699 GRANTED (PC94-98) (5 yes votes, i no vote, and i absent).
Approved Negative Declaration.
HEARING SET ON~ A review of the Planning Commission's decision was requested
by Council Members Daly and Pickler at the meeting of August 16, 1994 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - September 15, 1994
Mailing to property owners within 300 feet - September 15, 1994
Posting of property - September 16, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated July 25, 1994.
Mayor Daly. He asked that a hearing be scheduled because in reading the City
Planning Department analysis on the project, a few issues were raised
concerning waivers of the City's usual planning standards and an issue related
to the design of the dome and the reflection off the dome onto single-family
homes or into the space of the singe-family homes. He feels the plan is a
good one but wants to be sure because it is a sizable church building in the
midst of single-family homes. The land has been vacant for some time and this
appears to be an appropriate use but he wanted to make sure on some of the
design issues especially considering the number of waivers requested. The
waivers were approved by the Planning Commission but it appears not all issues
that the Planning staff raised in their report have been dealt with. He asked
first to hear from staff.
Annika Santalahti, Zoning Administrator. She would like to review the
findings made by the Planning Commission granting the waivers. The site is a
fairly large one and that was the general reason why the waivers were
acceptable to the Commission. The first waiver for the 50-foot plus or minus
dome with a cross on the top was granted because the closest residential
zoning is going to be at least 80 to 100 feet from the north and south.
Relative to the minimum front yard setback in this zone, the setback
requirement is 25% of the depth of the lot. It is over a 300 foot deep lot
and the 35 foot setback is similar to the setback established on other nearby
lots. The third, fourth and fifth waivers, c, d and e which pertain to the
setback of institutional use from adjacent residential zoning is not a large
waiver. It is a 15 foot requirement across the board and 10 feet is proposed.
The rear yard setback is 25 feet required and they are proposing the
shallowest ones to be 10 and 18 feet. In this instance, the rear yard setback
backs up to the Orange County Flood Control Channel. The setbacks are to the
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social hall and trash enclosure. Waiver f is the permitted signing. The
underlying residential zoning would allow a 12 square foot sign. They are
proposing a 17 square foot monument type sign and a cross on the top of the
church. The Commission felt that on a 2~ acre parcel with over 200 feet of
frontage that the proportional amount of signage was not incompatible. The
final waiver g for the required parking lot landscaping is a relatively new
code requirement. In this instance, the front setback of 35 feet is going to
be fully landscaped. The Commission felt the parking lot was not going to be
that visible from the nearby rights of way and, therefore, a large amount of
landscaping in the parking lot was not that necessary.
Mayor Daly. The staff report mentioned a concern about the dome. He asked if
that had been dealt with.
Annika Santalahti. They have not revised the plans and staff felt that was
the most significant. On churches in general, that has been a concern in
other instances.
Mayor Daly. In the interest of expediting the matter, he has heard only
supporting comments relative to the proposal. He intends to support the
request.
John Brewster, 331 Old Bridge Road, Anaheim. He represents the church and its
members and is present to answer any questions. He clarified for Council
Member Pickler that they have accepted all of the Planning Commission's
requests and have agreed to them.
Mayor Daly. There are a number of neighbors near the project who said they
were looking forward to a beautiful building and their concerns have been
resolved.
The Mayor then asked if anyone was present in opposition.
Mr. Dave Chen, 958 N. West Street, directly across from the proposed site. He
asked the actual height of the tower. He would like to know how that would
affect him as well as how the project will contribute to traffic problems.
West Street has been known to alleviate a lot of traffic from Harbor Boulevard
and Euclid Street. It is a major travelled street. He asked if there was any
plan for widening the street or making an alternate route. He would also like
to know the actual membership of the church. The proposed plan was 286. He
understands there are 134 parking spaces. At the first meeting before the
Planning Commission, they requested 75 members maximum and then later he was
informed that at the last meeting it was increased to over 90 members. He
reiterated he would like to know the exact number of members and how many cars
will the project generate. If there is overflow parking, it will be on the
streets.
There were no additional speakers in opposition.
John Brewster speaking on behalf of the Byzantine Church. The church has
150 registered families. The seating is 286 maximum with 135 parking spaces
which is taking into consideration the requirement for the social hall and the
church functioning simultaneously which would be rare at best to happen. The
dome is 32 feet wide and extends gradually up to 50 feet. There is an 80-foot
setback from the street. The dome is in the center of the structure. It will
not be visible when moving up and down West Street. The project is fully
landscaped. The posted renderings have left an enormous amount of trees out
so the buildings could be seen. There is a requirement for 15 gallon trees
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and they have specified a minimum of 24 gallon trees. Going by memory, the
requirement is for 22 trees and they have over 60. They designed the entire
project to save the big trees that are on the property now. Relative to
traffic, presently there is one service on Sunday. There is a social event
after every service - coffee and donuts. Not everybody is rushing out the
door at one time. The church is 25 years old and has been operating in
Anaheim with no parking and it has not been a problem. He has checked with
the City to see if there have been complaints and there were none that they
could find. The church presently holds services in Saint Catherines' on
Harbor Boulevard and then the congregation walks back to the Chapel at 319 N.
Harbor. That Chapel will continue to operate.
There being no further persons who wish tO speak, Mayor Daly closed the public
hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Daly, 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 Member Simpson was
absent. MOTION CARRIED.
Council Member Hunter offered Resolution No. 94R-244 for adoption, granted
subject to City Planning Commission conditions. Refer to Resolution Book.
RESOLUTION NO. 94R-244: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3699.
Roll Call Vote on Resolutlon No. 94R-244 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Hunter, Daly
None
Simpson
The Mayor declared Resolution No. 94R-244 duly passed and adopted.
D4. 108: PUBLIC HEARING - AMENDMENT AND EXTENSION OF INTERIM ORDINANCE NO.
5445 PROHIBITING THE ESTABLISHMENT OF NEW SEX-ORIENTED BUSINESSES WITHIN THE
CITY FOR AN ADDITIONAL PERIOD OF TIME AND EXEMPTING APPLICATIONS FOR SUCH
BUSINESSES RECEIVED PRIOR TO AUGUST 16t 1994~ FROM THE PROVISIONS OF SUCH
INTERIM ORDINANCE.
To consider an interim ordinance as an emergency measure (1) amending and
extending interim Ordinance No. 5445 prohibiting new Sex-Oriented Businesses
in the City for an additional period of time to expire October 28, 1994, or
such later date as designated by the City Council in said ordinance, and
(2) exempting applications for Sex-Oriented Businesses received prior to
August 16, 1994, from the provisions of said Ordinance No. 5445 as amended and
extended.
Submitted was report dated September 27, 1994 from the City Attorney
recommending adoption of the proposed interim ordinance as an emergency
measure.
City Attorney White. Earlier this evening under Item A22, the Council
approved new regulations concerning sex-oriented businesses in Anaheim. The
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new regulations will take affect on October 28, 1994. This item is a
recommendation to extend the existing moratorium that currently exists on
sex-oriented businesses in the City and modifies the moratorium in several
aspects. The extension would be only until October 28, 1994 when the new
regulations take effect. It would be expanded to encompass not only the
industrial zone, but also the commercial zones of the City so that any new
applications that come in would have to comply with the new requirements.
Finally, it would exempt from the moratorium the two applications that were
caught in the process on August 16, 1994 at which time the original moratorium
was adopted which would allow the license collector to proceed with processing
those two applications in accordance with the requirements of the current
ordinance. This has been noticed as a public hearing. It would be
appropriate to take any public testimony after which there is an ordinance for
Council consideration. It would again require reading of the ordinance in
full and will take four affirmative votes for adoption.
Mayor Daly opened the public hearing and asked if anyone wished to speak;
there being no response he closed the public hearing.
City Attorney White read Ordinance No. 5456 in full.
ORDINANCE NO. 5456 - URGENCY: (1) Amending Ordinance No. 5445, an interim
measure prohibiting certain uses of property in the City which would be in
conflict with a zoning ordinance now pending, (2) extending said Ordinance No.
5445, as amended, as (3) declaring that this ordinance is an emergency measure
which shall take immediate effect.
Council Member Daly offered Ordinance No. 5456 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5456: AN ORDINANCE OF THE CITY OF ANAHEIM (1) AMENDING
ORDINANCE NO. 5445, AN INTERIM MEASURE PROHIBITING CERTAIN USES OF PROPERTY IN
THE CITY WHICH WOULD BE IN CONFLICT WITH A ZONING ORDINANCE NOW PENDING, (2)
EXTENDING SAID ORDINANCE NO. 5445, AS AF~ENDED, AND (3) DECLARING THAT THIS
ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
Roll Call Vote on Ordinance No. 5456 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Hunter, Daly
None
Simpson
The Mayor declared Ordinance No. 5456 duly passed and adopted.
C3. COUNCIL COMMENTS:
114: APPOINTMENT OF METROPOLITAN WATER DISTRICT (MWD) DIRECTOR:
Council Member Pickler. He asked that the appointment of an MWD director to
represent Anaheim be placed on the Council Agenda for consideration in the
near future.
ADDITIONAL FUNDS FOR PARKS & RECREATION:
Council Member Pickler. He recalled that the Council in the past had
discussed finding additional funds to be dedicated to the Parks & Recreation
Department to restore some of the park's programs in order to keep kids off
the street.
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City Manager Ruth. Staff has met with OCCCO (Orange County Congregation of
Community Organizatione) and other agencies in the City and have formulated a
report which will be ready to submit to the Council within approximately
2 weeks.
C4. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White announced that in Closed Session, the Council
approved Stipulation for Judgement in the case of Adams International Metals,
Inc., vs. City of Anaheim, O.C.S.C.C. 69-73-13. That vote was all Ayes.
Council Men~er Simpson was absent. MOTION CARRIED.
ADJOURNMENT: By general Council consent the Council meeting of September 27,
1994 was adjourned. Council Member Simpson was absent. (8:55 p.m.)
LEONORA N. SOHL, CITY CLERK
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