1992/09/29City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT .'
ABSENT:
PRESENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
PARK PLANNER: Richard Mayer
CONVENTION CENTER GENERAL MANAGER: Lynn Thompson
CODE ENFORCEMENT MANAGER: John Poole
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:50 p.m. on September 25, 1992 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Hunter called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation
pursuant to Government Code Section 54956.9 (a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange
County Superior Court Case No. 40-92-46; Anaheim Stadium
Associates vs. City of Anaheim, et. al., Orange County
Superior Court Case No. 44-81-74.
Newport Federal Corporation vs. City of Anaheim, et al., Orange
County Superior Court Cases No. X64-31-50 and 66-37-32.
Byer vs. City of Anaheim, Orange County Superior Court Case
No. 65-29-40.
b. To meet with and give directions to its authorized
representative regarding labor relations matters - Government
Code Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b) (1) .
To ¢on~Id~r and tak~ possible action upon such other matters
as are orally announced by the City Attorney, City Manager or
City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in closed
session.
There were also additional Closed Session items.
On motion by Council Member Simpson, seconded by Council Member Ehrle, the
City Council by unanimous vote of the members present (Council Members Pickler
and Daly were absent and entered later) waived the applicable agenda posting
requirements pursuant to Government Code Section 54954.2 (b) (2) and added the
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following matters to the closed session portion of the City Council agenda
upon a finding that the need to consider and possibly take action upon such
matters arose subsequent to the agenda being posted:
f. Byer v. City of Anaheim, et al., Orange County Superior Court
Case No. 65-29-40.
g. $carbrough v. City of Anaheim, Orange County Superior Court Case
No. X61-47-12; City of Anaheim v. Scarbrough, et al., Orange
County Superior Court Case No. 65-51-22.
h. Barajas, et al. v. City of Anaheim, Orange County Superior Court
Case No. 69-70-09.
i. To meet with the City's real property negotiator concerning the
possible acquisition of certain real property located at
1320-1382 Auto Center Drive from the Fluor Family Trust.
By general Consent, the Council recessed into Closed Session. (3:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:25 p.m.)
INVOCATION: Reverend Stanley Quebe, Zion Lutheran Church, gave the
invocation.
FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Escrow Month in Anaheim, October, 1992.
World Food Day, October 16, 1992 and the month of October, 1992
Orange County Hunger Awareness Month
Western State University College of Law
Joan Kuykendall accepted the Escrow Month proclamation; Professor Joseph
Radensky accepted the Western State University College of Law proclamation.
119: DECLARATION OF COMMENDATION: A Declaration of Commendation was
unanimously adopted by the City Council and presented to John Lower, the
City's Traffic and Transportation Manager, commending the Traffic Engineering
Division of the Public Works/Engineering Department for receiving the "Award
of Merit" for outstanding achievement in safety programs from the Automobile
Club of Southern California. A representative of the Automobile Club was
present to present the award. This is the tenth year in a role that the award
has been earned by the City of Anaheim.
Mayor Hunter and Council Members commended the Department and Mr. Lower for
their continuance achievement in the area of safety programs.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Barbara J. Devich,
extending appreciation for her 23 years of dedicated service to the City and
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citizens of Anaheim as the Senior Booking Coordinator at the Anaheim
Convention Center.
Mayor Hunter and Council Members personally congratulated-Ms. Devich and
wished her well in her retirement.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Walter Smith who has
served as a member of the Public Utilities Board since 1988 and is now
retiring from the Board. A Certificate of Recognition was also presented to
Mr. Smith.
Mayor Hunter and Council Members personally congratulated Mr. Smith commending
him for his dedication in improving Utility's services for the citizens of
Anaheim and wishing him well in his new endeavors.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council to be .presented to Mr. Milton
Pentecost who is retiring after 34 years of public services with the
Department of Rehabilitation. He also served on Anaheim's Private Industry
Council since its inception in 1989.
Mayor Hunter and Council Members commended him for his dedication and
commitment to the community.
..119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Police Officer Joseph
E. Karns for his more than 28 years of dedicated service to the City and
citizens of Anaheim.
Mayor Hunter and Council Members personally congratulated Officer Karns,
commended him for his long service and wished him well in his retirement.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council to be presented to the Postmaster of
Anaheim, Larry Dovell who is retiring after many years of dedicated service,
12 years in the service of the Anaheim community as Postmaster of the U.S.
Postal of the United States Postal Service.
119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was
unanimously adopted by the City Council and presented to Rhonda Duncan
accepting for State Senator Ed Royce, 32nd District for his determination and
representation on behalf of the citizens of Anaheim.
119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was
unanimously adopted by the City Council and presented to State Assemblyman Tom
Umb@rg, 72nd District in appreciation for big @ffortg and ~pirit of leadership
on numerous issues vital to the enhancement of the community and betterment of
the citizens of Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,696,059.15 for the
period ending September 25, 1992, in accordance with the 1992-93 Budget, were
approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Improvement Corporation meetings.
(5:48 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
Mayor Hunter reconvened the City Council meeting. (5:51 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council
Agenda items.
ITEMS OF PUBLIC INTEREST:
Pedro Vasquez, 1415 S. Claudina. He is present to present the Council with
5,000 signatures from their customers in the City who support the vendors. A
large number of phone calls have also gone to Council Members. They met last
Friday with NOVA and the representative from Anaheim Disposal. They are
requesting time to work on the ordinance to straighten things out. They have
come up with a compromise. They are trying to get an extension, a moratorium
or something so that they can keep working in the meantime. He does not want
to be cut out of work or to cut anybody out of work. It is important for
everyone to be working in the right way. Families have to be supported. He
is requesting two weeks or more to try to negotiate with NOVA. It is very
important for them to have a permit to work in the neighborhoods.
Mayor Hunter. It is his understanding Mr. Rusty Kennedy, Executive Director
of the Orange County Human Relations Commission, NOVA and the vendors have
been meeting. The Council has stayed out of those meetings. He asked to hear
from the City Attorney.
City Attorney Jack White. He has been informed that the meetings have been
making progress. The current ordinance was adopted by the City Council at the
request of many of the residents in the City Who felt the ordinance was
necessary to protect the residential areas. During this period of dialogue
and because of the fact that there is a hearing pending in court on
October 16, 1992 relating to a legal challenge to the new ordinance, he has
spoken to John Poole, Code Enforcement Manager and it has been their joint
decision and suggestion that the City not issue citations under the new
ordinance pending the hearing on October 16, 1992. If there is a resolution
of the issues during that time, it can be brought back with a recommendation
jointly by residents who are members of NOVA and the vendors through their
representatives. That can be looked at by the Council at that time. He
reiterated, pending at least the court action that will take place on
October 16, it is his suggestion that the City forestall issuing citations and
the enforcement of the new provisions of the ordinance. It does not mean if
there are violations of the other provisions that have been in place for
several years, the City would not enforce those. Relative to the provision
relating to banning vendors from residential areas, he would see no difficulty
in holding off issuing citations pending the court hearing and during that
time giving the vendors and NOVA an opportunity to continue to work together
toward a resolution.
Council Member Pickler asked if any action was needed by the Council; City
Attorney White. He does not believe any action is necessary at this time.
There is prosecutorial discretion that is vested in staff and that would be
his intention and he believes Mr. Poole concurs in that.
Mayor Hunter asked Mr. Vasquez if he understands what the City Attorney
explained; Mr. Vasquez answered yes.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Hunter, seconded by Council Member Pickler, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Hunter offered Resolution Nos. 92R-202 through 92R-206, both inclusive, for
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adoption. Council Member Hunter offered Ordinance Nos. 5336 and 5337 for
introduction. Refer to Resolution Book.
WAIVER OF READING - RESOLUTIONS.-.. The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 92R-202 through 92R-206, both
inclusive, for adoption.)
Council Member Hunter moved to waive the reading in full of the resolutions.
Council Member Pickler seconded the motion. MOTION CARRIED.
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 Steve LaForce for property damage sustained
purportedly due to actions of the City on or about September 10, 1992.
b. Claim submitted by All-Travel Service, attn: Ronni Ort, for property
damage sustained purportedly due to actions of the City on or about
August 13, 1992.
c. Claim submitted by Namedroppers, c/o Lynn Allen, for property damage
sustained purportedly due to actions of the City on or about July 10,
1992.
d. Claim submitted by Stella DeLeon for bodily injury sustained
purportedly due to actions of the City on or about August 8, 1992.
e. Claim submitted by Alfred Del Matio and Josephine Del Matio, c/o
William J. Statile, for property damage sustained purportedly due to
actions of the City on or about September 3, 1991.
f. Claim submitted by Margarito Espinosa for property damage sustained
purportedly due to actions of the City on or about September 2, 1992.
g. Claim submitted by Gary M. Johnson for property damage sustained
purportedly due to actions of the City on or about July 12, 1992.
h. Claim submitted by Bernadette L. Balboa, c/o Russell S. Kerr, for
bodily injury sustained purportedly due to actions of the City on or about
March 29, 1992.
i. Claim submitted by Marie M. Actis for bodily injury sustained
purportedly due to actions of the City on or about June 9, 1992.
j. Claim submitted by Joseph E. Rhodes for property damage sustained
purportedly due to actions of the City on or about June 20, 1992.
k. Claim submitted by Sherwood Village Anaheim Homeowners Association,
c/o Management Service Company, for property damage sustained purportedly
due to actions of the City on or about December 5, 1991.
1. Claim submitted by Clarence Rose, c/o Stockdale, Peckham & Werner, for
indemnity sustained purportedly due to actions of the City on or about
August 12, 1992.
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m. Claim submitted by Gail Marie Houlton for bodily injury sustained
purportedly due to actions of the City on or about May 3, 1992.
n. Claim submitted by Peggy Crawford for property damage sustained
purportedly due to actions of the City on or about September 8, 1991
through September 8, 1992.
o. Claim submitted by Lydia Beltran-Lindstrom, c/o Richard A. Solomon,
for bodily injury and property damage sustained purportedly due to actions
of the City on or about April 24, 1992.
p. Claim submitted by Dorothy J. Thompson for bodily injury sustained
purportedly due to actions of the City on or about June 19, 1992.
A2. 105: Receiving and filing minutes of the Mother Colony House Advisory
Board meeting held 7/13/92.
114: Receiving and filing Resolution No. 4176 from the City of Seal Beach,
supporting the California Governor's position on Workers Compensation Reform.
A3. 169: Awarding the contract to the lowest and best responsible bidder,
Boral Resources, Inc., in the amount of $254,488.18 for Lincoln Avenue Street
Improvement, Rio Vista Street to Sunkist Street; 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 low and second low bidders.
A4. 169: Awarding the contract to the lowest and best responsible bidder,
R.J. Noble Company, in the amount of $143,853.51 (Alternate B) for Magnolia
Avenue Street Improvement, north City limit to La Palma Avenue; 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 low and second low bidders.
A5. 150: Approving a Notice of Completion of the construction of Central
City Beautification Project by Steiny and Company, Inc., and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A6. 151: Approving an Encroachment License Agreement with Orange County
Water District for four water monitoring wells located within Orangethorpe
Park Street, Ralston Street, Orangefair Lane, .and the alley south of
Orangefair Lane.
A7. 176: RESOLUTION NO. 92R-202: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING THE INTENTION TO VACATE CERTAIN PUBLIC STREETS,
~IC~WAY AND SERVICE EA~M~NT~, AND ~TTIN~ A DAT~ AND TIME TO CONSIDER
ABANDONING THOSE CERTAIN PIPELINE EASEMENTS LOCATED GENERALLY WEST OF BLUE GUM
STREET AND NORTH OF CORONADO STREET (Abandonment 92-3A). (Suggested date:
10/27/92 at 6:00 p.m.)
A8. 176: RESOLUTION NO. 92R-203: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING THE INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER
ABANDONING THOSE CERTAIN EASEMENTS FOR SEWER, SIDEWALK AND ALLEY PURPOSES IN
THE AREA BOUNDED BY BROADWAY, ATCHISON, CENTER AND KROEGER STREETS
(Abandonment No. 92-4A). (Suggested date: 10/27/92 at 6:00 p.m.)
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A9. 160: Accepting the bid of Cone Chevrolet Company, in the amount of
$26,406.96 for two Chevrolet Luminas, in accordance with Bid ~5079.
Al0. 101: RESOLUTION NO. 92R-20~: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO SITE LEASE AND A
FIRST AMENDMENT TO LEASE AGREEMENT IN CONNECTION WITH THE DESCRIPTION OF THE
SITE OF THE ANAHEIM ARENA.
Ail. 106: Approving the transfer of $18,065,352 in expenditure
appropriations from the prior fiscal year, and $1,497,207 of revenue
appropriations from the prior fiscal year to the current fiscal year to meet
obligations previously budgeted.
Al2. 179: ORDINANCE NO. 5336 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTIONS OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE
RELATING TO PLANNING COMMISSION AND ZONING ADMINISTRATOR PROCEDURES.
Al3. 153: RESOLUTION NO. 92R-205: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47, AND THE CITY OF ANAHEIM. (To
temporarily suspend Article 46, Meter Reader Rules, during the Meter Value
Study. )
Al4. 175: Approving the implementation of th.e Home Utility Check-up Program
at a cost not to exceed $25,000 in FY 1992/93, as recommended by the Public
Utilities Board at their meeting of September 17, 1992.
Al5. 137: RESOLUTION NO. 92R-206: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF
NOT TO EXCEED $65,000,000 AGGREGATE PRINCIPAL AMOUNT OF CERTIFICATES OF
PARTICIPATION OF SAID CITY APPROVING THE NOTICE INVITING BIDS AND THE NOTICE
OF INTENTION TO SELL CERTIFICATES; AND AUTHORIZING THE DELIVERY OF THE
PRELIMINARY OFFICIAL STATEMENT AND THE PUBLICATION OF THE NOTICE OF INTENTION
TO SELL CERTIFICATES AND THE NOTICE INVITING BIDS (financing of San Juan
Generating Station Unit 4).
Al6. 175: Approving an Agreement with ABB Impell Corporation at a cost not
to exceed $88,531 for engineering, designing, and preparation of construction
plans, specifications, contract documents, and engineer's estimates for the
underground conversion in Commercial/Recreation Area-Phase II.
Al7. 123: Waiving Council Policy 401, and approving Engineering Consultant
Services Agreements with Robert Bein, William Frost & Associates, Camp Dresser
and McKee, and HDR Engineering, Inc., in an amount not to exceed $200,000 each
for a two-year period, for small water improvement projects.
A18. 156; ORDINANCE NO. 5~ - INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING CHAPTER 6.73, SECTIONS 6.73.010 THROUGH 6.73.060, INCLUSIVE, TO
TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO POLICE RESPONSES TO LOUD
PARTIES.
Al9. 114: Approving minutes of the City Council meeting held 8/11/92.
A20. 153: Approving the 1993 Health & Welfare Plan rates, and authorizing
the Human Resources Director to sign all required renewal documents on behalf
of the City.
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A21. 123: Approving a First Amendment to Agreement with Willdan Associates,
in the amount of $5,136 for preparation of the Master Plan of Drainage for the
South Central Area; and authorizing the City Manager to execute said
Agreement.
Council Member Pickler abstained from voting on this matter declaring a
conflict of interest.
Roll Call Vote on Resolution Nos. 92R-202 throuqh 92R-206, both inclusive, for
adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 92R-202 through 92R-206, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A22. 105: APPOINTMENT TO THE HOUSING COMMISSION:
Appointment to the Housing Commission to fill the unscheduled vacancy of Elmer
Thill, term expiring June 30, 1993. This matter was continued from the
meetings of August 11, August 18, August 25, September 15 and September 22,
1992 to this date.
This item was removed from the agenda, to be rescheduled in November.
A23. 105: CONFIRMATION OF APPOINTMENT TO THE ANAHEIM'S STADIUM CORPORATION,
INC.: Submitted was letter dated September 21., 1992 from Leonard Smith,
President, City of Anaheim (California) Stadium, Inc. (Anaheim Stadium
Corporation) requesting confirmation of the election of H. William Bridgford
to the corporation.
On motion by Council Member Pickler, seconded by Council Member Hunter, the
Council continued the confirmation of the subject election to October 20,
1992. MOTION CARRIED.
A24. 137: PUBLIC HEARING - LEASE AGREEMENT - REFINANCING CERTAIN CAPITAL
IMPROVEMENTS (STADIUM):
To consider a resolution approving execution and delivery of an approximately
$130 million lease agreement for the purpose of refinancing certain capital
improvements - (Stadium).
Submitted was report dated September 25, 1992 from the Director of Finance
recommending that the Council approve execution and delivery of the subject
lease agreement for the purpose of refinancing certain capital improvements.
Mayor Hunter opened the hearing and asked if anyone wished to give input on
the subject refinancing; no one wished to speak.
The public hearing was closed.
WAIVER OF READING - RESOLUTION: The title of .the following resolution was
read by the City Clerk. (Resolution 92R-207)
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-207 for adoption, approving
the execution and delivery of an approximately $130,000,000 Lease Agreement
for the purpose of refinancing certain capital improvements. Refer to
Resolution Book.
RESOLUTION NO. 92R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE EXECUTION AND DELIVERY OF AN APPROXIMATELY $130,000,000
LEASE AGREEMENT FOR THE PURPOSE OF REFINANCING CERTAIN CAPITAL IMPROVEMENTS.
Roll Call Vote on Resolution No. 92R-207 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-207 duly passed and adopted.
A25. 114: PARKING ARRANGEMENTS - ANNUAL MAYOR' S PRAYER BREAKFAST:
Authorizing the no-charge use of Carpark 2 (Hilton parking structure) for
attendees of the annual Mayor's Prayer Breakfast to be held October 7, 1992.
Submitted was report dated September 29, 1992 from Lynn Thompson, Convention
Center General Manager recommending the subject be authorized by the Council.
City Manager James Ruth. He explained that this was an item which needed to
be acted upon at this meeting since the Prayer Breakfast was to be held
October 7 and the City Council will not be meeting before that date.
City Attorney White. If the Council wishes to act on this item, it will be
necessary to adopt a motion by a 4/5ths vote finding that the need to act
arose after posting of the agenda on Friday. It relates to an event scheduled
to occur prior to the Council's next meeting.
MOTION: Council Member Hunter moved to waive the 72-hour posting provision of
the Brown Act. Council Member Ehrle seconded the motion. MOTION CARRIED.
MOTION: Council Member Hunter moved to authorize the no-charge use of
Carpark 2 (Hilton parking structure) for attendees of the annual Mayor's
Prayer Breakfast to be held on October 7, 1992. Council Member Ehrle seconded
the motion.
Before action was taken Council Member Pickler stated he has a problem
approving the waiver of the parking fee. Many philanthropic groups have come
before the Council requesting waiver of the parking fees and none have been
granted. He also does not recall the waiver for parking for the breakfast
having come before the Council previously. If this is granted, it will have
to be done for all groups who request it. It is not fair to show preference
to any one group. Those other groups could instead use the money they have
been charged for parking for their organization activities. The parking
should be paid for or included in the breakfast fee. If they start to waive
fees, it is bad policy and he is opposed.
Mayor Hunter. They are not starting a bad policy. The Prayer Breakfast has
been held in the City for 14 years and in years past at the Anaheim Convention
Center. The City has never charged for parking.
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Mr. Lynn Thompson, Convention Center General Manager then confirmed that they
have never charged for parking for the Prayer Breakfast at the Convention
Center. He also has not come before the Council asking for a waiver of the
fee.
Council Member Pickler. He is saying that is something that should come
before the Council.
Mayor Hunter. It is a community-based organization that has been holding the
breakfast for 14 years. There is an agreement with Anaheim Hilton and Towers
where there is a shared parking agreement. As part of the $10 fee for the
Prayer Breakfast, parking will be validated and the Anaheim Hilton and Towers
and the same Parking Management Authority are all in agreement and no one is
opposed.
Council Member Pickler. The Red Cross, Boy Scouts, Girl Scouts and others
have come before the Council asking them to waive the parking fees and the
Council has not waived the fee. That means those organizations make less
money and this organization should do the same thing. They should not
relinquish the parking fee.
After additional discussion of the issue between Mayor Hunter and Council
Member Pickler, Council Member Daly suggested .that they approve the request
because the Prayer Breakfast is to be held next week and invitations are out.
He feels it might be prudent for the City Manager, the Convention Center and
Stadium staffs to work together and revisit what the City's policy is
regarding the extension of free parking, to which groups, how it is
appropriate, what the legalities are, etc., and what the appropriate
procedures ought to be in the future.
City Manager Ruth. For Council's information, it amounts to $1.50 per patron.
It is the charge the Hilton charges for anybody who parks in the parking lot
to have breakfast. It is about $750 in parking fees that the Council will be
waiving.
A vote was then taken on the foregoing motion, Council Member Pickler voted
no. MOTION CARRIED.
ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 9, 1992
INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 1, 1992:
~1. 179: CONDITIONAL USE PERMIT NO. 3541 AND NEGATIVE DECLARATION:
OWNER~ ANAHEIM REDEVELOPMENT AGENCY, Attn: Elisa Stipkovich, Executive
Director, 300 S. Harbor Blvd., ~900, Anaheim, CA 92805
LOCATION: 195 West Harbor Place. Property is approximately .20 acres
located at the northeast corner of Harbor Place and Lemon Street
To permit a 600-square foot outdoor dining area in conjunction with a
previously approved restaurant with on-premise sale and consumption of
alcoholic beverages.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3541 GRANTED, for two years (PC92-104) (6 yes votes, and 1
vacant seat).
Approved Negative Declaration.
B2. 179: CONDITIONAL USE PERMIT NO. 3540 AND NEGATIVE DECLARATION:
OWNER: ANAHEIM REDEVELOPMENT AGENCY, 300 S. Harbor Blvd., #900,
Anaheim, CA 92805.
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LOCATION: 201 West Harbor Place. Property is approximately 1.09 acres
located at the northwest corner of Harbor Place and Lemon Street.
To permit a 600-square foot outdoor dining area in conjunction with a
previously approved food court.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3540 GRANTED, for two years (PC92-105) (6 yes votes, and 1
vacancy).
Approved Negative Declaration.
B3. 179: RECLASSIFICATION NO. 92-93-01, VARIANCE NO. 4194, TENTATIVE
TRACT MAP NO. 14702, WAIVER OF COUNCIL POLICY NO. 542 AND NEGATIVE
DECLARATION:
OWNER: SOUTHERN PACIFIC TRANSPORTATION COMPANY, 1200 Corporate Center
Drive, #100, Monterey Park, CA 91754
AGENT: DANIEL R. POSILOVICH, 1729-C South Douglas Road, Anaheim, CA
92806
LOCATION: 2001 West Folsom Street. Property is approximately 0.84
acres located on the north side of Folsom Street and approximately 301
feet north of the centerline of Forest Lane.
For a change in zone from RS-A-43,000 to RS-7200.
Waivers of minimum lot area, minimum front yard setback, and required
lot frontage.
To establish a 5-lot, RS-7200, "affordable", single-family residential
subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 92-93-01 GRANTED (PC92-106) (5 yes votes, 1
abstained, and 1 absent).
Variance No. 4194 GRANTED (PC92-107).
Tentative Tract Map No. 14702 APPROVED (See Item B7 - 9/15/92 Council
agenda). Appeal period expired 9/19/92 on the Tract.
Recommended approval of waiver of Council Policy No. 542).
Approved Negative Declaration.
B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3537 AND
NEGATIVE DECLARATION:
OWNER: HEPHATHA LUTHERAN CHURCH, 5900 E. Santa Ana Canyon Road,
Anaheim, CA 92807
AGENT: McLEAN AND SCHULTZ, Attn: Gerald D. Staake, 2000 E.ChaPman
Avenue, Fullerton, CA
LOCATION: 5900 East Santa Ana Canyon Road. Property is approximately
4.23 acres located at the southeast corner of Santa Ana Canyon Road and
Solomon Drive.
To permit the phased expansion of an existing church, school and
preschool facility with waivers of A) required number of parking spaces,
B) maximum structural height (deleted), C) minimum landscape
requirements, and D) required parking lot landscaping.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3537 GRANTED, IN PART, (approved waivers A and D, waiver B
deleted, and waiver C denied) (PC92-108).
Approved, in part, waivers of code requirement.
Approved Negative Declaration.
B5. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3539 AND
NEGATIVE DECLARATION:
OWNER: MARY LEE McWILLIAM, 23692 Via Pellicer, Mission Viejo, CA 92692
AGENT: AFFORDABLE HOUSING PRODUCTS, Attn: Ron Roluffs, 904 S. Cornwall
Drive, Anaheim, CA 92804
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
LOCATION: 330 North State College Boulevard. Property is approximately
0.32 acre located on the east side of State College Boulevard and
approximately 1,180 feet south of the centerline of La Palma Avenue.
To permit a 44-unit, single-room occupancy (SRO) residential hotel with
waiver of minimum landscape requirements.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3539 DENIED (PC92-109) (6 yes votes, and 1 vacancy).
Waiver of code requirement DENIED.
Denied Negative Declaration.
B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3538 AND
NEGATIVE DECLARATION:
OWNER: THE GRACE BAPTIST CHURCH OF ANAHEIM, 2530 W. La Palma, Anaheim,
CA 92801
AGENT: REVEREND TIM GRIFFIN, 2530 W. La Palma, Anaheim, CA 92801
LOCATION: 2530 West La Palma Avenue. Property is approximately 2.5
acres located on the south side of La Palma Avenue and approximately 665
feet east of the centerline of Magnolia Avenue.
To permit a private educational facility (7th through 12th grades) in
conjunction with an existing church and preschool with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3538 GRANTED (PC92-110) (6 yes votes, and 1 vacancy).
Waiver of code requirement Approved.
Approved Negative Declaration.
~7. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3535 AND
NEGATIVE DECLARATION:
OWNER: JOYCE I. STUCK, ROY A. PARSONS, KATHERINE W. PARSONS, Co-
Trustees of the Parsons Family Trust, GEORGE FRANCIS COPPENS and DARLENE
COPPENS, Trustees of the Coppens Family Trust, c/o George Coppens 1033
Granville Drive, Newport Beach, CA 92660
AGENT: BRUCE PARSONS, 1625 Arcata Drive, Redlands, CA 922374
LOCATION: 1287 "C" North Jefferson Street. Property is approximately
0.79 acre located at the southwest corner of Miraloma Avenue and
Jefferson Street.
To permit a 3,132 square-foot auto repair facility within an existing
industrial building with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3535 GRANTED (PC92-111) (6 yes votes, and 1 vacancy).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B8. 179: CONDITIONAL USE PERMIT NO. 3413 - REQUEST TO AMEND OR DELETE
CONDITIONS OF APPROVAL PERTAINING TO TIME LIMITATION OF A PREVIOUSLY-APPROVED
RESTAURANT WITH ON-PREMISE SALE AND CONSUMPTION OF BEER AND WINE:
~us Ri~er requests to amen~ or delete ~ondltlons of approval pertaining to
time limitation of a previously approved restaurant with on-premise sale and
consumption of beer and wine. Property is located at 2521 E. Ball Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3413 - recommended approval of time extension to expire 7/9/93.
This matter was set for a public hearing by the Council since one is
necessitated by the fact that the Council was the last body to act on the item
and changes to previous approval are being requested.
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B9. 179: CONDITIONAL USE PERMIT NO. 3414: Information for Planning
Commission pertaining to compliance with parking requirements for the
Cinemopolis Theater expansion.
ACTION TAKEN BY THE PLANNING COMMISSION:
No action taken by Planning Commission.
ITEMS BI0 - B19 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1992
INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 13, 1992~ 10-DAY APPEAL PERIODS
END OCTOBER 1~ 1992:
B10. 179: CONDITIONAL USE PERMIT NO. 2029 AND NEGATIVE DECLARATION:
OWNER: CANEX INVESTMENTS, Attn: Allan Lobal, 2225 Harbor Boulevard,
Ste. 214, Anaheim, CA 92805
LOCATION: 619 North Anaheim Boulevard. Property is approximately 0.6
acre located at the southwest corner of Wilhelmina Street and Anaheim
Boulevard.
Petitioner requests deletion of a condition of approval pertaining to a
time limitation for a previously-approved automobile sales agency.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP 2029 GRANTED, for five years, (PC92-112) (6 yes votes, 1 vacancy).
Negative Declaration previously approved.
Bll. 155: ENVIRONMENTAL IMPACT REPORT NO. 273, TENTATIVE TRACT MAP NO. 12686
(REVISION NO. 1) AND FINAL SITE PLAN:
OWNER: THE PRESLEY COMPANY, Attn: Alan Uman, 19 Corporate Plaza,
Newport Beach, 92660 CA
LOCATION: TENTATIVE TRACT MAP NO. 12686. Property is approximately
66.7 acres located on the west side of Sunset Ridge Road and
approximately 45 feet west of the centerline of Moonridge Lane.
To establish a 101-lot (plus three open space lots including one open
space lot comprising a portion of Deer Canyon) single-family detached
residential subdivision in The Highlands at Anaheim Hills Specific Plan
(SP87-1).
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 2686 (Revision No. 1) and final Site Plan
APPROVED (6 yes votes, and 1 vacancy).
EIR NO. 273 previously certified.
B12. 155: ENVIRONMENTAL IMPACT REPORT NO. 273, TENTATIVE TRACT MAP NO. 12687
(REVISION NO. 1) AND FINAL SITE PLAN:
OWNER: THE PRESLEY COMPANY, Attn: Alan Uman, 19 Corporate Plaza,
Newport Beach, 92660 CA
LOCATION~ TENTATIVE TRACT MAP NO. 12687. Property is approximately
100.7 acres located on the south side of Hollow Oak Road and
approximately 110 feet west of the centerline of Tristania Lane.
To establish a 118-1ot (plus two open space lots including one open
space lot comprising a portion of Deer Canyon) single-family detached
residential subdivision in The Highlands at Anaheim Hills Specific Plan
(SP87-1).
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 12687 (Revision No. 1) APPROVED (6 yes votes,
and 1 vacancy).
EIR NO. 273 previously approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
B13. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3545 AND
NEGATIVE DECLARATION:
OWNER: LEDERER-ANAHEIM LTD., 1990 Westwood Boulevard, 3rd Floor,
Los Angeles, CA 90025
AGENT: FARANO AND KIEVIET, Attn: Tom Kieviet, 100 S. Anaheim Boulevard,
#340, Anaheim, CA 92805
LOCATION: 1440 S. Anaheim Boulevard. Property is approximately 14.94
acres located north and east of the northeast corner of Cerritos Avenue
and Anaheim Boulevard.
To permit outdoor installation of auto alarms and stereos and a batting
cage in conjunction with an existing commercial retail center (indoor
swap meet) with waiver of permitted outdoor uses.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3545 GRANTED, for one year (PC92-113) (6 yes votes, and one
vacancy).
Approved waiver of code requirement
Approved Negative Declaration.
~!4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3546 AND
NEGATIVE DECLARATION:
OWNER: LEELAND INVESTMENT II, Attn: James Bohan, General Partner, 2001
E. Fourth Street, #208, Santa Ana, CA 92705
AGENT: TOM OESCHGER, 27271 Silverado Canyon Road, Silverado, CA 92676
LOCATION: 509 East Katella Avenue. Property is approximately 2.97
acres located at the northeast corner of Katella Avenue and Claudina
Way.
To permit on-premise sale and consumption of beer and wine in
conjunction with a permitted billiard center with waiver of parking lot
landscaping.
ACTION TAKEN BY THE PLANNING COMMISSION:'
WITHDRAWN BY THE APPLICANT.
B15. 179: CONDITIONAL USE PERMIT NO. 3543, CATEGORICALLY EXEMPT, CLASS-ii:
OWNER: ISMAEL SILVA, JR. ET. AL, 16101 Santa Barbara Lane, Huntington
Beach, CA 92649
AGENT: JAIME AVILES, 7662 Edinger Ave., Huntington Beach, CA 92647;
SOUTHERN CALIFORNIA ORTHOPEDIC/Sports Medicine Ctr., 1717 E. Lincoln
Avenue, Anaheim, CA 92805
LOCATION: 1717 East Lincoln Avenue. Property is approximately 0.56
acre located at the northeast corner of Lincoln Avenue and Evelyn Drive.
To permit a mobile MRI unit in conjunction with an established
orthopedic/sports medicine center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3543 GRANTED (PC92-114) (6 yes votes, and i vacancy).
B16. 179~ VARIANCE NO. 4197 AND NEGATIVE DECLARATION:
OWNER: RUTH ANN HAMMOND, 1941 Bayshore Drive, Anaheim, CA 92801
LOCATION: 1765 West Glen Avenue. Property is approximately 0.18 acre
located on the north side of Glen Avenue, approximately 790 feet west of
the centerline of Euclid Street.
Waivers of minimum number of parking spaces and minimum landscape
requirements to permit the addition of 1 bedroom to each of four 2-
bedroom units. ·
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4197 DENIED (PC92-115). (6 yes votes, and 1 vacancy).
Denied Negative Declaration.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
B17. 179: VARIANCE NO. 4196, CATEGORICALLY EXEMPT, CLASS-ii:
OWNER: ANAHEIM MEMORIAL HOSPITAL ASSOCIATION, 1111W. La Palma Avenue,
Anaheim, CA 92803-3005
LOCATION: 8201 East Santa Ana Canyon Road. Property is approximately
6.02 acres located on the north side of Santa Ana Canyon Road,
approximately 930 feet west of the centerline of Weir Canyon Road.
Waiver of permitted wall signs to permit a 67.5 square foot wall sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4196 GRANTED, IN PART, applicant to eliminate existing
freeway oriented monument sign (PC92-116) (6 yes votes, and 1 vacancy).
B18. 179: RECLASSIFICATION NO. 91-92-20, SPECIMEN TREE REMOVAL 92-02,
VARIANCE NO. 4181 AND TENTATIVE TRACT NO. 146~1:
Morgan Development Inc. requests Planning Commission recommendation to
City Council regarding revised plans for a proposed 32-1ot, RS-7200(SC),
single-family residential subdivision (including the construction of 30
residences).
ACTION TAKEN BY THE PLANNING COMMISSION:
Planning Commission recommended approval of revised plans with added
conditions. (Relates to D1 on today's agenda.)
This item relates to a Public Hearing on today's agenda, Item D1. See action
taken under that item.
B19. 179: VARIANCE NO. 4180 - REQUEST FOR PLANNING COMMISSION REVIEW OF
REVISED PLANS TO DETERMINE SUBSTANTIAL CONFORMANCE WITH PREVIOUSLY APPROVED
EXHIBITS: Chris Hostert requests determination of substantial conformance
pertaining to Variance No. 4180. Property is located at 610 South Sunkist
Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved.
END OF THE PLANNING COMMISSION ITEMS.
ITEMS B20 - B23 FROM THE ZONINO ADMINISTRATOR MEETINO OF SEPTEMBER 17, 1992:
DECISION DATE: SEPTEMBER 24r 1992 INFORMATION ONLY - APPEAL PERIOD ENDS
OCTOBER 9r 1992~ 10-DAY APPEAL PERIOD ON AMUSEMENT ARCADE EXPIRES OCTOBER 5,
1992:
B20. 179: VARIANCE NO. 4198, CATEGORICALLY EXEMPT, CLASS-3:
OWNER: IMPERIAL PROMENADE PARTNERS, 2300 Michelson Drive #200, Irvine,
CA 92715
LOCATION: 5645-5685 East La Palma Avenue. Property i~ approximately
4.4 acres located north and west of the northwest corner of La Palma
Avenue and Imperial Highway.
Waiver of required site screening adjacent to a railroad right-of-way
for a commercial retail center (under construction).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4198 APPROVED, IN PART, (ZA92-43).
B21. 179: CONDITIONAL USE PERMIT NO. 3542, CATEGORICALLY EXEMPT, CLASS-5:
OWNER: CHEVRON PRODUCTS, INC., P.O. Box 2833, La Habra, CA 90632
AGENT: GREER ENGINEERING, P.O. Box 2786, Anaheim, CA 92814
LOCATION: 8000 East Santa Ana Canyon Road. Property is approximately
85 acres located on the southwest corner of Santa Ana Canyon road and
Roosevelt Road.
To permit a ground mounted satellite dish.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3542 APPROVED (ZA92-44) .
B22. 179: CONDITIONAL USE PERMIT NO. 3544, CATEGORICALLY EXEMPT, CLASS-5:
OWNER: R. MOORE AND OLGA MOORE, 5201 East Rolling.Hills Drive, Anaheim,
CA 92807
LOCATION: 5201 East Rolling Hills Drive. Property is approximately
0.49 acre having a frontage of approximately 20 feet on the west side of
the terminus of Rolling Hills Drive, and being located approximately 195
feet west of the centerline of Brook Lane.
To permit a satellite dish antenna.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3544 APPROVED (ZA92-45).
B23. 179: AMUSEMENT ARCADE NO. 1017:
REQUESTED BY: Anaheim Indoor Swapmeet, Les Lederer, 1440 S. Anaheim
Boulevard, Anaheim, 92805
LOCATION: 1440 South Anaheim Boulevard.
To permit up to 25 amusement arcade devices.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Amusement Arcade No. 1017 APPROVED (ZA92'-46).
Questions were posed to staff by Council Members Pickler and Daly relative to
whether or not a time limit was imposed on the arcade permit; Annika
Santalahti, Zoning Administrator. She explained that there was no time limit
but since the property is developed under a Conditional Use Permit, if there
is a problem or difficulty with any part of the operation, the Council can
consider taking action relative to the CUP.
END OF THE ZONING ADMINISTRATOR ITEMS.
B24. 179: ORDINANCE NO. 5335 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 91-92-08 located at 431 North State
College Boulevard from the RS-A-43,000 zone to the CL zone. (Introduced at
the meeting of 9/22/92, Item B3.)
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5335)
Council Member Hunter moved to waive the reading in full of the ordinance.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5335 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5335: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 91-92-08 located at 431 North State College Boulevard
from the RS-A-43,000 zone to the CL zone. )
Roll Call Vote on Ordinance No. 5335 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5335 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
B25. 179: REOUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3301
AND TENTATIVE TRACT MAP NO. 14130:
A request for an extension of time was submitted by Blash Momeny, UNIC Corp.,
2082 Business Center Drive, Suite 185, Irvine,. CA 92715.
The property is an irregularly-shaped parcel consisting of approximately five
acres located on the northwest terminus of Garland Circle approximately 450
feet west of Boisseranc Way. The petitioner requests an extension of time to
comply with conditions of approval retroactive to August 21, 1992, to expire
August 21, 1993. Conditional Use Permit No. 3301 is for 18 single-family
dwellings in the RS-5,000(O) zone, with certain waivers. Tentative Tract Map
No. 14130 is for a 19-lot single family subdivision.
Submitted was report dated September 21, 1992 from the Zoning Administrator
Annika Santalahti recommending approval of one-year time extensions to both
Conditional Use Permit No. 3301 and Tentative Tract Map No. 14130.
MOTION: Council Member Pickler moved to approve the extension of time on
Conditional Use Permit No. 3301 and Tentative Tract Map No. 14130 retroactive
to August 21, 1992, to expire August 21, 1993, as recommended in report dated
September 21, 1992 from the Zoning Administrator. Council Member Simpson
seconded the motion. MOTION CARRIED.
B26. 179: REQUEST FOR REHEARING - RECLASSIFICATION NO. 91-92-13t WAIVER OF
COUNCIL POLICY NO. 543t WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO.
3494, TENTATIVE TRACT MAP NO. 14611 AND NEGATIVE DECLARATION:
The request was submitted by Newport Pacific Realty and Investment, 4400
MacArthur Boulevard, Ste. 900, Newport Beach, CA 92660. The property is
located at 2861-2863 West Lincoln Avenue (Bel Air Manor). The original
request was to permit the conversion of an existing 65-unit "deck-type"
apartment complex to a 65-unit, "affordable ...., deck-type", condominium complex
with waiver of minimum building site area per dwelling unit and required
elevators and to establish a l-lot, 65-unit, RM-2400, air-space, condominium
subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 91-92-13 DENIED (PC92-77) (4 yes votes, 3 no
votes).
Waiver of code requirement DENIED.
CUP NO. 3494 DENIED (PC92-78).
Tentative Tract Map No. 14611 DENIED.
Approved Negative Declaration.
Letter of appeal submitted by the owners, Newport Pacific Realty &
Investment.
Informational item Bi on today's agenda.
Continued from the public hearing of 7/21/92, after this item was
discussed, and extensive input was received (Item D1.).
At ~h~ City O~une£1 m~ing ~ §/11/§~ (Item D~), a public hearing was
held, and Council denied Reclassification No. 91-92-13 and CUP No. 3494,
and Tentative Tract Map No. 14611 was denied with findings.
Request for rehearing submitted by A1 Marshall, Newport Pacific Realty &
Investment.
The City Planning Commission denied the Reclassification, Waiver of Code
Requirement, Conditional Use Permit and Tentative Tract Map and approved the
Negative Declaration. The owners appealed the decision of the Planning
Commission and public hearing was scheduled and held before the City Council
on July 11, 1992, where extensive input was received and subsequently
continued to the meeting of August 11, 1992, where again extensive input was
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
received. At that meeting, the Council denied the Reclassification, Waiver of
Conditional Use Permit, Waiver of Council Policy, Waiver of Code Requirement,
Conditional Use Permit No. 3494, Tentative Tract Map No. 14611 with findings.
A request for rehearing was subsequently submitted by Albert Marshall,
President of Newport Pacific Realty.
MOTION: Council Member Hunter moved to deny the request for rehearing on the
actions relating to the subject project. Council Member Daly seconded the
motion. MOTION CARRIED.
B27. 179: REQUEST FOR REHEARING - TERMINATION OR MODIFICATION OF CONDITIONAL
USE PERMIT NOS. 1703, 2525 AND 3052 - ADAMS INTERNATIONAL METALS CORPORATION,
SELF-SERVE AUTO DISMANTLERS, INC. COUNTY AUTO RESALE SERVICES, INC. AND DBW
SERVICES INC.:
A request for rehearing and Declaration of Merit was submitted by Jean Martin,
Pillsbury Madison & Sutro, Counsel for Petitioners, Adams International Metals
Corporation and Self Serve Auto Dismantlers, Inc.
At the Council Meeting of September 1, 1992, the City Council accepted the
findings and recommendations of the Hearing Officer, Honorable John L. Flynn
and adopted Resolution No. 92R-192, terminating Conditional Use Permit Nos.
1703, 2525 and 3052.
Mayor Hunter, recognizing Mr. Adams, first noted that this was not a public
hearing and that Mr. Adams would have three minutes to address the Council.
George Adams, Adams International Metals. He spoke with the City Clerk and
was informed he would be allowed to speak; Mayor Hunter confirmed that he is
allowed to speak, but for three minutes under Council policy. As he (Adams)
is aware, there have been many public hearings on the issue.
George Adams. He then read a prepared statement which he had submitted to the
Council (made a part of the City Council meeting record). The statement
concluded by asking that the Council reconsider their earlier decision and to
postpone that decision for two weeks. "If you grant my two week extension,
(shredder) waste will begin to move out of here and then we can talk about our
request for reconsideration."
Mr. Adams then stated that Phil Anthony would also like to say a few words.
City Attorney Jack White. Most of what he has heard is a reargument of
matters that have previously been presented. Mr. Adams has been given greater
leeway than is usually allowed in connection with rehearings.
These are decided based on the declarations presented. In addition, Council
has allowed Mr. Adams more than three minutes to make his presentation. I~
up to the discretion of the Council if they wish to hear anyone else.
Mayor Hunter. The Council is not going to allow additional testimony at this
time.
City Attorney White. Staff has a recommendation before the Council to deny
the request for continuance, deny the request for the rehearing on all the
grounds alleged by the petitioners and to make findings and correct the
previous findings of fact pursuant to paragraphs three and four of staff's
"Opposition to Request for Rehearing by the Code Enforcement Division of the
Planning Department of the City of Anaheim" which is in front of the Council
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
tonight and incorporate those findings and corrections by reference in the
Council' s action.
MOTION: Council Member Pickler moved to deny the request for a rehearing,
deny the continuance based upon all the findings in the City staff report and
incorporating the comments of the City Attorney. Council Member Hunter
seconded the motion. 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: PUBLIC HEARING RECLASSIFICATION NO. 91-92-20, VARIANCE NO. 4181,
TENTATIVE TRACT MAP NO. 14641, SPECIMEN TREE REMOVAL PERMIT NO. 92-02 AND
MITIGATED NEGATIVE DECLARATION:
·
OWNER: M.Y. Pelanconi Estate, c/o Bernardo M. Yorba, Executor,
300 S. Harbor Blvd., Suite 912, Anaheim, 92805.
AGENT: Morgan Development, Inc., Attn: Max Morgan, President, 20341
Irvine Avenue, Suite D3, Santa Ana, California 92707.
LOCATION/REQUEST: The property is located at 5540 East Santa Ana Canyon
Road and is approximately 12.38 acres located on the south side of Santa
Ana Canyon Road and also having frontage on the north side of Avenida
Margarita and approximately 1,211 feet east of the centerline of Royal
Oak Road. The request is for a change in zone from RS-A-43,000 (SC) to
RS-5000 (SC).
Waiver of required lot frontage and required location and
orientation of buildings to establish a 36-1ot RS-5000 (SC) and
RS-A-43,000 (SC) single -family residential subdivision (including
the construction of 34 single-family residences.)
To Remove 51 specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 91-92-20 DENIED (PC92-87) (5 yes votes, 1 no
vote, i absent)
Variance No. 4181 DENIED (PC92-88) (4 yes votes, 2 no votes, 1
absent)
Tentative Tract Map No. 14641 DENIED (5 yes votes, 1 no vote, 1 absent)
Specimen Tree Removal Permit No. 91-02 DENIED (5 yes votes, 1 no
vote, 1 absent)
Approved Mitigated Negative Declaration.
HEARING SET ON: A letter of appeal was submitted by the Agent, Morgan
Development, Inc., and continued from the meeting of September 1, 1992 to this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - August 20, 1992
Mailing to property owners within 300 feet - August 19, 1992
Posting of property - August 21, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated July 27, 1992.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
Also see Item B18 on today's agenda where at its meeting of September 21,
1992, the Planning Commission recommended approval of revised plans submitted
on the subject project which is now a proposed thirty-two lot RS7200 (SC) not
RS5000 single-family residential sub-division including the construction of
thirty residences.
Mayor Hunter asked to hear from the applicant or applicant's agent.
APPLI CANT ' S
STATEMENT:
PUBLIC
DISCUSSION
Mr. Max Morgan, Morgan Development. He has revised his plans and
there are now thirty lots. He has met with the people on Suncrest
and tried to convince them they are taking an exit only on
Suncrest. They have also showed the landscaping plans to City
staff as well as for the hammerhead street going out. He has met
with the neighbors on Suncrest and San Felipe. He has had a total
of five meetings with different association members. Relative to
the people on San Felipe and their concerns about traffic, he
understands where they are coming from. They have taken the lots
from RS7500 to RS7200 and are close to conforming in the whole
area. The lots are about ninety-six hundred feet average. They
have eliminated zero lot lines completely. They have taken the
entrance on Suncrest and have asked that it be gated and there
will be an exit only. The only entrance would be for emergency
vehicles and trash trucks. Relative to Santa Ana Canyon Road,
they have done their plans and know what is involved. On the
hiking trails, they have satisfied City staff relative to the
trails and are in accordance with what they are being asked to do.
Jerry Mullen, 5390 Quail Ridge Circle. His concern is with the
proposed trail. His understanding is that Mr. Morgan is no more
in favor of putting in the trails than the property owners in the
area. The trail was originally being proposed on the other side
of the property but because of easement problems, it has been
shifted to the Parkview Estates side of the project.
Dick Mayer, Park Planner. He briefed the proposed trail location
working from the posted plan and how the trail is configured. He
showed Pelanconi Park noting that the intent is to connect the
Santa Ana Canyon Road trail to the Pelanconi Park area via the
feeder trail (Pelanconi Trail). The reason it was relocated was
due to the opposition of homeowners in the area which he ~ointed
to from the map. At a suggestion from the Planning Commission,
they looked to see whether or not it was possible to relocate the
trail which actually provided a better trail right-of-way.
Another thing in favor of the relocation, a portion is already
being used for trail purposes - ekther hiking or pedestrian use.
The trail is going to be used for riding and hiking trail purposes
and will be built to City standards. It will have motorcycle
barriers. The intent is to have it maintained by the homeowner
associations and the area similar to what they do in most large
lot subdivision areas.
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Jerry Mullen. His main objection is, the trail will border his
property on the up slope portion. His dining room is 25-feet from
the slope so that anyone using the trail will be able to see him
as he dines. He has also invested a great deal in a pool/spa area
in his backyard that will be adjacent to the trail. Since there
are no horse properties in the area, he doubts if the word
equestrian is appropriate but if so, other problems will be
involved. Additional concerns are that motorcycles will use the
trail even if mitigating measures are taken, the trail will make
the homes susceptible to break ins and facilitate unnoticed
getaways, since there are no plans to put a fence on his side of
the property, those using the trail could cut across his property
into the neighborhood. With budget cuts in these tighter economic
times, the Parks and Recreation Department is passing maintenance
on to the homeowners association which will lead to "dueling"
associations. If the trail is a said and done deal, which he
hopes it is not, he would expect at the very least the maintenance
and the quality of the trail be part and parcel of the Conditional
Use Permit so the City could enforce it.
Before concluding, Mr. Mullen explained for Council Member Ehrle
that Mr. Morgan has spoken to some of the homeowners and said he
would put a wrought iron fence on both sides of the trail, but on
the Parks and Recreation plans, it is only shown on the estate
side and not his side. He would feel much more comfortable if it
were on his side and also if they would grade the trail down lower
than the slopes so that when people pass by his property, they
would have to walk up the slope to be able to look into his dining
room.
Dick Mayer. The location of the trail and how it is constructed
is subject to Parks and Recreation approval. Since the time that
he talked to Mr. Mullen, they had also talked with Max Morgan
about fencing both sides. A couple of things Council should be
aware of, there are numerous occasions where homeowner
associations maintain the trail right-of-way. It has worked out
very well in the past. If there is a problem, they go to Code
Enforcement for assistance.
Annika Santalahti, Zoning Administrator. Answering Council Member
Pickler relative to the fence and the differential between the
two, they are not required under code to build a fence.
Duane Smith, 5380 Quail Ridge. At one of the meetings, he talked
to Mr. Morgan specifically about the trail. He is opposed for
many reasons and had sent a letter to ~he ?lannin~ Commission
stating some of them. In his conversation with Mr. Morgan, they
are planning on filling that area which means the homes that are
going to be put in behind his home (Mullens) will be at a level
equal to where the homes along Suncrest are now. If horses start
coming through, he can forget about any privacy. He questions the
feasibility of putting a trail into the area. The only area he is
opposed to is from Suncrest down to Santa Ana Canyon Road. A lot
of grading, filling, etc., has to be done to put in a trail. A
trail cannot be completed the way it shows on the plan in his
opinion. If the trail has to go in, and nobody in the
neighborhood is in favor, they would like to know how it is going
in and how it will be protected. He then addressed the issue of
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fencing and the fact that the homeowners association has several
easements over some of the property because their irrigation water
lines, inlet valves and control box are there. Mr. Morgan
contends he has a survey that shows the property belongs to the
tract and not the homeowners association. It is in the CC and R's
and has been there for some fifteen years. If a gate is placed
there and the area fenced, it will limit their access and right to
the easement especially if repairs need to be made. Mr. Morgan
has indicated he is willing to work with them with respect to the
control box, but that is only part of the problem. They would
like to know in writing how they will be affected. Relative to
the exit gate, from his standpoint, he would like to see that
controlled in the CUP and if the trail does have to go in that
maintenance of the trail be controlled in the CUP so if they have
a grievance they can come to the City instead of the homeowner's
association to get relief.
Wendy Copley, 343 Avenida Margarita. Avenida Margarita has a
traffic problem, and the homeowner's association on the street
would like to see the gate on Suncrest have both ingress and
egress. With only thirty homes in the development and two gates,
she cannot see that there would be hundreds of cars going through
disturbing the homes on the lower tract. She is also concerned
about the trail even though it does not abut her property. She
has had transients sleeping in the lower portion of her property
and the property next door under the trees. Transients also sleep
in the property being considered. There is a noticed increase in
the transient population in the neighborhood. They have also had
one bank robbery in the area. This makes an easy way for escape.
If the houses on Avenida Margarita in the tract are going to be
visible, they are not conforming with the rest of the community,
the Warmington Development. The houses will be facing in and away
from Avenida Margarita and they will be seeing their backyards.
She is wondering how much of a wall would be visible from the
street. There is also not enough continuing slope area as in the
Warmington Development. She is also concerned about the number of
trees being removed. If the tract is approved, will it be sold to
another developer. There will then be nothing to stop another
developer from putting two-story homes behind these homes where
one-story was supposed to go.
SUMMATION BY
APPLICANT:
Max Morgan. Relative to the slopes mentioned by Mrs. Copley, the
slope in back of her house is approximately 65 feet above the
tract and then the proposed hiking trail and then a 15 foot slope
into the back yards of the houses. The lots that adjoin Avenida
Margarita are actually larger in flat area than the ones above
them. With the slopes, they have to contend with the water
problem and take the water out through the tract, down through the
Yorba property and out to Santa Ana Canyon Road. They have to do
that because they are taking their water. The houses are
thirty-one hundred square feet, larger than what is in the area.
They are developers and are not in the business of buying and
selling land. They build houses. As far as landscaping and
slopes, they have taken out 90% of the retaining walls and put
them into slope areas. The retaining walls are only where they
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are necessary. The retaining wall in Santa Ana Canyon Road has
been reduced from 10 feet to 6 feet and it is a meandering wall
with anti-graffiti properties. The tract itself has a great deal
of landscaping. He then explained some of the other things he had
done relative to homeowners requests and at the direction of the
Planning Commission. In concluding, he stated that the project is
now down from 41 units to 30, RS500 to RS7200, they have taken all
the retaining walls out of the side yards and moved the hiking
trail from one side to the other. This is a good site for the
project and should enhance the whole area.
Council Member Simpson. He asked Mr. Morgan to answer the
question about the fence being installed on either side of the
trail.
Mr. Morgan. Mr. Mayer sent him a letter relative to having a
fence on both sides of the trail. He called Mr. Mayer back and
told him he would adhere to the letter and he would have a fence
on both sides of the trail. The landscaping map shows that the
trail that parallels Suncrest already has a dual fence on it. The
dual fence they are talking about is the one that goes down to
Santa Ana Canyon Road. He has no problem in making that a dual
fence. Some have a block wall and some have wrought iron. He
told those who have the block wall he would put anti-graffiti
protection on their block wall if they wanted him to. The ones
below that, they would put the du~l wrought iron fence in and
whatever it takes per the City to stop motorcycles or ATC's from
getting in. Mr. Mayer stated they have the capability to do that.
That is what will go in per City ordinance.
Mr. Morgan then explained for Council Member Simpson why access
was not in and out on Suncrest. They did not feel there was a
necessity to have an entrance there. Taking the exit only they are
taking a lot of traffic out of the area that they did not feel had
to go through that tract. The City has proven with their road
count that the count on Avenida Margarita is not what the people
think it is. It is classified as an F street. The counts are
very low and that is why they wanted only the one entrance onto
Avenida Margarita. On Suncrest, they felt they would take an exit
only and no ingress.
John Lower, Traffic and Transportation Manager. Avenida Margarita
is a local street but serves as a collector. There are
approximately 1,310 cars per day that use the street according to
the last count which in terms of traffic is very little.
Mayor Hunter closed the publlc hearing.
Annika Santalahti, Zoning Administrator noted that Item B18 on the agenda was
the revised plans which Mr. Morgan referred to which were reviewed by the
Planning Commission at their meeting of September 21, 1992. They did
recommend approval of those plans and included two additional conditions - one
pertaining to the trail and the other pertaining to the gate access which has
also generally been discussed. She assumes that the Council will wish to add
those conditions to the approvals.
Council Member Pickler. He asked if Mr. Morgan was aware of those conditions;
it was determined that Mr. Morgan was in fact apprised of those conditions.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
Mayor Hunter. The conditions will then be incorporated in the Council
actions.
Ms. Santalahti also noted for purposes of clarification and emphasis that the
revised plans were for RS7200 and not RS5000.
ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by
Council Member Pickler, seconded by Council Member Hunter, the City Council
does hereby approve a mitigated Negative Declaration on the subject project
and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of
the Public Resources Code on the basis that the Planning Commission/City
Council has considered the proposal with the mitigated Negative Declaration
and accompanying Monitoring Program, together with any comments received
during the public review process and further finding on the basis of the
Initial Study that there is no substantial evidence that the project will have
a significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The title of the following resolutions were
read by the City Clerk. (Resolution Nos. 92R-208 and 92R-209)
Council Member Pickler moved to waive the reading in full of the resolutions.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 92R-208 for adoption, approving
Reclassification 91-92-20 unconditionally for RS7200 (SC) residential
single-family scenic corridor overlay zoning instead of RS500 (SC). Refer to
Resolution Book.
RESOLUTION NO. 92R-208: 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.
Roll Call Vote on Resolution No. 92R-208 for a'doption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-208 duly passed and adopted.
Council Member Pickler offered Resolution No. 92R-209 for adoption, granting
Variance No. 4181 waiving (a) and (b) as listed on Planning Commission
Resolution PC92-88 to establish a thirty-two lot (thirty-one residential lot
and Lot A "private streets") in the RS7200 (SC) residential single-family
scenic corridor overlay zone with amended conditions of approval as shown on
th~ July 27, 1992, Planning commission staff report. Refer to Resolution
Book.
RESOLUTION NO. 92R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4181
Roll Call Vote on Resolution No. 92R-209 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
The Mayor declared Resolution No. 92R-209 duly passed and adopted.
MOTION: Council Member Pickler moved to approve revision No. 3 of Tentative
Tract Map No. 14641 to establish a thirty-two lot (thirty-one residential lots
and Lot A "private streets") subdivision in the RS7200 (SC) residential
single-family scenic corridor overlay zone instead of a thirty-six slot RS5000
(SC) subdivision as previously proposed with amended conditions as shown in
the July 27, 1992, Planning Commission staff report. Council Member Simpson
seconded the motion. MOTION CARRIED.
MOTION: Council Member Pickler moved to approve Specimen Tree Removal Permit
No. 92-02 with amended conditions as shown in the July 27, 1992, Planning
Commission staff report. Council Member Simpson seconded the motion. MOTION
CARRIED.
D2. 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 91-92-19 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: The Fluor Family Trust, 4521 Perham Road, Corona Del Mar,
CA 92625.
AGENT: Cecil C. Wright, 265 S. Anita Drive, Ste. 205, Orange, CA
92668.
LOCATION/REQUEST: The property is located at 1320-1382 Auto Center
Drive and is approximately 7.98 acres located at the southwest corner of
Auto Center Drive (formerly Taft Avenue) and Sanderson Avenue. The
request is for a change from the ML Zone to the CL Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 91-92-19 GRANTED (PC92-79) (5 yes votes, 2 no
votes).
Approved Mitigated Negative Declaration.
HEARING SET ON: The Planning Commission's decision was appealed by the Fluor
Family Trust (agent, Cecil Wright) and public hearing scheduled and continued
from the meetings of August 11, August 18, August 25, September 1,
September 15 and September 22, 1992 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - July 30, 1992
Mailing to property owners within 300 feet - July 30, 1992
Posting of property - July 31, 1992
Mayor Hunter asked if the applicant or applicant's agent was present.
Cecil Wright. He is the agent for the applicant. He is present to answer any
questions the Council may have. He does not anticipate any opposition.
Mayor Hun~er. He believes there ~s an agreement on the matter. ~e then as~e~
if anyone wished to speak either in favor or in opposition; there was no
response.
COUNCIL ACTION: Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Ehrle, 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
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resoluton No. 92R-210)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 92R-210 for adoption, approving
Reclassification No. 91-92-19. Refer to Resolution Book.
RESOLUTION NO. 92R-210: 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.
Roll Call Vote on Resolution No. 92R-210 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-210 duly. passed and adopted.
~3. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3441, AMEND CONDITION
OF APPROVAL - CONDITION NO. 21, RESOLUTION NO. 91R-275:
Requested by Robert F. Torres, P.O. Box 1031, Yorba Linda, CA 92687
Request is to amend Condition No. 21 of Resolution No. 91R-275, and also
for an extension of time on Conditional Use Permit No. 3441.
LOCATION/REQUEST: The property is located at 1024-1030 North Kemp
Street and is approximately 0.31 acre located on the east side of Kemp
Street, and approximately 350 feet north of the centerline of La Palma
Avenue. The request is to amend Conditional No. 21 of Resolution
No. 91R-275 and also for an extension of time on Conditional Use Permit
No. 3441. Conditional Use Permit No. 3441 is for a 15-unit Senior
Citizen's apartment complex with waiver of maximum lot coverage, minimum
building site area, minimum number of open parking spaces, and minimum
structural setback.
.HEARING SET ON: Necessitated due to the fact that original conditions of
approval are requested to be amended.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - September 17, 1992
Mailing to property owners within 300 feet - September 15~ 1992
Posting of property - September 18, 1992
PLANNING STAFF INPUT: ·
See staff report dated September 20, 1992 from the Zoning Administrator
recommending that the Council amend Condition No. 21 of Resolution No. 91R-275
to read as indicated under Item 1 in her report of September 20, 1992 and that
the Council approve a time extension on Conditional Use Permit No. 3441
retroactive to September 10, 1992, to expire September 10, 1993 subject to the
condition as recommended under Item 2 in her report of September 20, 1992.
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City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 29, 1992 - 5:00 P.M.
Mayor Hunter. Mr. Torres was present in the Chamber audience. Referring to
the September 20, 1992 staff report, he asked if Mr. Torres had read the
recommendation contained therein.
Mr. Robert Torres stated that he has read the recommendation from staff and he
agrees with the amendment to Condition No. 21 as stated under Item 1 and with
the condition relative to granting the time extension as listed under Item 2.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition;
there being no response he closed the public hearing.
MOTION: Council Member Pickler moved to approve the extension of time under
Conditional Use Permit No. 3441 retroactive to September 10, 1992, to expire
September 10, 1993 subject to the condition as stated under Item 2 of staff
report dated September 20, 1992. Council Member Simpson seconded the motion.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 92R-211)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 92R-211 for adoption, amending
conditions of approval of Conditional Use Permit No. 3441 as stated under
Item 1 of staff report dated September 20, 1992. Refer to Resolution Book.
RESOLUTION NO. 92R-211: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 3441 AND AMENDING RESOLUTION NO. 91R-275.
Roll Call Vote on Resolution No. 92R-211 for adoption.'
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter
COUNCIL MEMBERS: Daly
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-211 duly passed and adopted.
ADJOURNMENT: By General Consent the Council adjourned. (7:05 p.m.)
No meetings are scheduled for Tuesday, October 6 and Tuesday, October 13, 1992
as no quorum is anticipated at this time.
LEONORA N. $OHL, CITY CLERK
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