1992/11/03City ~all, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 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
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
ZONING ADMINISTRATOR: Annika Santalahti
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:55 p.m. on October 30, 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.
DeSande vs. City of Anaheim, Orange County Superior Court Case
No. 89-03-95.
Lumbermen's Mutual Insurance Company vs. Greyhound Exposition
Services, et al., Orange County Superior Court Case no. 60-46-07
(Claim of Kirk Stephens).
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).
e. To consider and take 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.
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.
(5:08 p.m.).
730
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
INVOCATION: Captain Antonio Horta, Salvation Army, gave the invocation.
FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of
Allegiance to the Flag.
119: DECLARATION AND PROCLAMATION: The following declaration and
proclamation were issued by Mayor Hunter and authorized by the City Council:
Recognizing United Western Medical Centers Mother
and Child Maternity Center
Katella High School Key Club Week, November 1-7, 1992
Tim Carda, C.E.O of Western Medical Centers, and Ray Torres, Support Group
Chairman accepted the declaration. Jocelyn Wang, President of the Katella
High School Key Club accepted the proclamation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Bill Essex, former
City Employee, upon his retirement from the U.C. Davis Police Department.
This proclamation was previously presented by Mayor Fred Hunter and ratified
by the City Council this date.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council recognizing Christian F. "Rick"
Thierbach upon his retirement from the Anaheim Union High School District
Board of Trustees following nine years of service. This proclamation was
authorized and will be presented at a Board Meeting on November 19, 1992.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,424,627.29 for the
period ending October 30, 1992, in accordance with the 1992-93 Budget, were
approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:18 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:23 p.m.)
PUBLIC COMMENTS - AGENDA ITEM~:
Karen Lee of Odetics spoke on Item Al5 (see discussion under that item).
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Hunter, 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. 92R-224 through 92R-226, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5339 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 Willard V. Jones for property damage sustained
purportedly due to actions of the City on or about August 10, 1992.
731
City Rail, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
b. Claim submitted by Parkview Estates of Anaheim Hills for property
damage sustained purportedly due to actions of the City on or about
September 22, 1992.
c. Claim submitted by The Nadel Partnership, c/o Peter M. Callahan, Esq.,
for indemnity sustained purportedly due to actions of the City on or about
August 17, 1992.
A2. 169: Awarding the contract to the lowest and best responsible bidder,
Sully-Miller Contracting Company, in the amount of $1,398,976.20 for Tustin
Avenue/La Palma Avenue Street, Water, Electrical, Traffic Signal and
Landscaping Improvements; 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. '
A3. 169: Awarding the contract to the lowest and best responsible bidder,
Sully-Miller Contracting Company, in the amount of $1,830,963.98 for
Lakeview/La Palma Avenue Critical Intersection Improvements; 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. 155: Approving a Negative Declaration in connection with a purchase
agreement which consists of partial ownership in the San Juan Power Generation
Station in Waterflow, New Mexico (an existing facility), and the transmission
of power over existing transmission lines. (Continued from the meeting of
11/3/92, Item A25.)
A5. 113: RESOLUTION NO. 92R-224: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
100 DAYS OLD. (Public Utilities Department - Magnasync Tapes 075 thru 168,
and 169 thru 261.)
A6. 123: Waiving Council Policy 401 and approving an Agreement with Ernst &
Young, in the amount of $33,696 for consulting services to perform a meter
reading time value study.
A7. 130: ORDINANCE NO. 5339 - ADOPTION: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA, APPROVING THAT AGREEMENT ENTITLED "AGREEMENT
~4ONG THE CITY OF ANAHEIM, TIMES MIRROR CABLE TELEVISION OR Of~ANGE COUNTY,
INC. ("TMCT") AND COMMUNITY CABLEVISION COMPANY ("CCC") RELATING TO THE
APPROVAL OF THE TRANSFER OF CONTROL OF CCC TO TMCT". (Intr0du¢~d ~ ~h~
meeting of 10/27/92, Item A24.)
A8. 123: Approving an Amended and Restated Agreement with Taormina
Industries, Inc., which dissolves Anaheim Disposal Commercial and Industrial
Operations, Jaycox Disposal and Consolidated Volume Transporters, Inc.
A9. 123: Approving the First Amendment to Agreement with Carolyn Griebe and
Associates, in amount not to exceed $25,000 for coordination and facilitation
services; and amending the FY 1992/93 Budget by transferring $25,000 from
Community Development Block Grant Contingency Account No. 25-215-6798 to the
City of Anaheim Code Enforcement Budget Account No. 25-169-6340.
Al0. 123: Approving an Agreement with RJM Design Group, Inc., in an amount
not to exceed $100,000 for design services for the Department of Parks,
Recreation & Community Services.
732
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
Ail. 123: Approving the settlement of audit issues with ARA Leisure Services
in relation to their contracts with the Stadium and Convention Center
Departments; and authorizing the Convention Center General Manager to execute
said Settlement Letter.
Al2. 176: RESOLUTION NO. 92R-225: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS, AND TO SET A DATE TO CONSIDER ABANDONING THOSE
CERTAIN EASEMENTS FOR SEWER AND ELECTRICAL PURPOSES LOCATED ON PROPERTY OWNED
BY THE CENTRALIA SCHOOL DISTRICT LOCATED ON THE NORTH SIDE OF WESTERN AVENUE.
(Abandonment No. 92-2A) (Suggested public hearing date: December 1, 1992 at
6:00 p.m.)
Al3. 160: Accepting the base bid of Cablec Utility Company, in an amount not
to exceed $45,375 for 50,000 feet of #2 URD primary wire, in accordance with
Bid #5058.
Al4. 179: RESOLUTION NO. 92R-226: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-24 PERTAINING TO VARIANCE
NO. 1323.
Al5. 123: Approving and authorizing the Mayor and City Clerk to execute the
Performance Agreement with the State of California and the Orange County
Transportation Authority for implementation of the I-5 Freeway Widening
Project.
At the request of Karen Lee, representing Odetics, Council Member Simpson
moved that Item Al5 be removed from the Consent Calendar and considered
separately after Item Al6. Council Member Daly seconded the motion. MOTION
CARRIED.
Roll Call Vote on Resolution Nos. 92R-224 throuqh 92R-226, 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-224 through 92R-226, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 5339 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5339 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
Al6. 123: PUBLIC HEARING- FREEWAY AGREEMENT:
Approving and authorizing the Mayor and City Clerk to execute the Freeway
Agreement with the State of California, with the approval conditioned on the
execution of the Performance Agreement by all parties (I-5 Freeway from SR-91
to SR-22 ).
733
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
Public Hearing was held to consider approval of a Freeway Agreement with the
State of California and authorize the Mayor and City Clerk to execute said
agreement. (I-5 Freeway from SR-91 to SR-22.)
Gary Johnson, Director of Public Works/Engineering, reported that the proposed
agreement would authorize the State of California to relocate, reconstruct,
reconfigure and modify certain city streets affected by the reconstruction of
the I-5 Freeway; and also would allow for new connections to the freeway. The
One Billion Dollar project to add four additional lanes to that portion of the
I-5 Freeway within the city is scheduled for 1997 through 2001, and he called
attention to an exhibit posted on the west wall of the Council Chamber. The
Environmental Impact Report was certified in March of 1991, and the City
Council, in August of 1991, approved a resolution allowing Caltrans early
acquisition opportunities of four parcels along the right of way. Staff
recommends approval, conditioned on the execution of the Performance Agreement
by all parties.
Mayor Hunter asked if anyone wished to address the City Council relative to
subject public hearing.
Karen Lee, representing Odetics, advised that the company had been in Anaheim
since 1969 and employs nearly 600 people. Their location abuts the proposed
Disneyland expansion, and any widening of Manchester Avenue would impact them
severely. The title policy on their property includes mention that the City
of Anaheim might have to take another 15 feet for future widening of
Manchester. The company allowed 30 feet when planning their structure, which
would require a reconfiguration of the facility. Although they realize the 67
foot figure is tentative, she requested that the City Council delay action on
the agreement pending finalization of the plans; or if action is taken, that
the portion of Manchester adjacent to Odetics be exempted. (Ms. Lee's
comments were addressed to both Items Al6 and Al5).
Barry Rabbitt, Caltrans District 12 Deputy Director, stated that they had not
yet examined the details of the city street configurations to ascertain and
finalize impacts on the properties involved. In response to concerns
expressed today, he stated that Caltrans would work with the City and the
property owners to determine whether anything could be done to reduce the
impact. This is a concept plan, and there are options to consider in
finalizing the plans.
Mayor Hunter asked if anyone else wished to address the City Council, there
being no response, he closed the public hearing.
MOTION: Council Member Pickler moved to approve and authorize the Mayor and
City Clerk to execute the Freeway Agreement with the State of California, with
the approval conditional on the execution of the Performance Agreement by all
parties (I-5 Freeway from SR-91 to SR-22). Council Member Ehrle seconded the
motion. MOTION CARRIED.
Al5. 123: Approving and authorizing the Mayor and City Clerk to execute the
Performance Agreement with the State of California and the Orange County
Transportation Authority for implementation of the I-5 Freeway Widening
Project.
MOTION: Council Member Pickler moved to approve and authorize the Mayor and
City Clerk to execute the Performance Agreement with the State of California
and the Orange County Transportation Authority for implementation of the I-5
734
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
Freeway Widening Project. Council Member Simpson seconded the motion. MOTION
CARRIED.
A17. 150: 5:00 PUBLIC HEARING - PENALTY ASSESSMENT - MODTECH, INC:
To consider assessing a penalty, in the amount of $705 to Modtech, Inc., for
violation of provisions set forth in the "Subletting and Subcontracting Fair
Practices Act" of the Public Contract Code. Modtech, Inc., is the prime
contractor for the construction of the Ben Franklin Child Care Facility.
City Attorney Jack White reported that, based upon new information received
this date, staff requests that subject public hearing be continued two weeks.
In response to question by a representative of Modtech, Inc., Director of
Public Works/Engineering Gary Johnson reported that the City today received
information from the'contractor listed on the initial bid, that the value of
the subcontracted work exceeds the value that was provided to the City by the
general contractor, Modtech; and they would like to have an opportunity to
explore whether the information is factual, prior to conducting the hearing.
MOTION: In accordance with recommendations by the Director of Public
Works/Engineering, Council Member Hunter moved that public hearing on the
penalty assessment be continued two weeks, to November 17, 1992. Council
Member Pickler seconded the motion. MOTION CARRIED.
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 15, 1992:
DECISION DATE: OCTOBER 22, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS
NOVEMBER 6, 1992:
Bi. 179: CONDITIONAL USE PERMIT NO. 3553 AND NEGATIVE DECLARATION:
OWNER: RAYMOND CHOI, 1501 E. La Palma Avenue, Anaheim, CA 92805
AGENT: JOSE SOLORIO, 2204 S. Garry Avenue, Pomona, CA 91766
LOCATION: 1513-1515 East La Palma Avenue. Property is approximately 1.16
acre and is located at the northeast corner of La Palma Avenue and Acacia
Street.
To permit a 750 square foot expansion to an existing restaurant with on-
premise sale and consumption of beer and wine and waiver of minimum number
of required parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3553 APPROVED, modified Condition No. 4, (ZA92-50).
Approved Negative Declaration.
B2. 179: CONDITIONAL USE PERMIT NO. 3554 AND NEGATIVE DECLARATION:
OWNER: EDGA ENTERPRISES, 1990 Westwood Boulevard, Los Angeles, CA 90025.
AGENT: KENT BYONG, KEE HONG, 10131 Sunn Avenue, Fountain Valley, CA
92708
LOCATION: 1490 South Anaheim Boulevard. Property is approximately .95
acre located at the northeast corner of Cerritos Avenue and Anaheim
Boulevard.
To permit a restaurant with on-premise sale and consumption of alcoholic
beverages.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3554 APPROVED, modified Conditions 6 and 20, and added one
condition (ZA92-51).
Approved Negative Declaration.
APPEAL PERIOD FOR ADMINISTRATIVE USE PERMIT ENDS NOVEMBER 13, 1992
735
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1999. - 5:00 P.M.
B3. 179: ADMINISTRATIVE USE PERMIT NO. 92-05 (LARGE DAY CARE):
REQUESTED BY: JULLIE A. SCRIVNER, 1530 W. Edithia Avenue, Anaheim, CA
92802
LOCATION: 1530 West Edithia Avenue.
To permit a large family day care involving up to twelve (12) children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use Permit No. 92-05 APPROVED (ZA92-52).
ITEMS B4 - BI0 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 19, 1992
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 10, 1992:
B4. 179: CONDITIONAL USE PERMIT NO. 3414 AND NEGATIVE DECLARATION:
OWNER: UNIVERSITY CINEMA, ATTN: Bruce Sanborn, 13 Corporate Plaza,
Newport Beach, CA 92660
LOCATION: 5635 East La Palma Avenue. Property is approximately 5.54
acres located on the north side of La Palma Avenue and approximately 300
feet west of the centerline of Imperial Highway.
Request for approval of revised site phasing plan pertaining to the
delayed construction of a previously approved 29-foot high parking
structure to support a previously approved multi-screen theater expansion.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3414 APPROVED (PC 92-122) (6 yes votes, 1 vacancy).
Approved Negative Declaration.
B5. 179: ADDENDUM NO. 2 TO ENVIRONMENTAL IMPACT REPORT NO. 389,
RECLASSIFICATION NO. 92-93-03, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
PERMIT NO. 3556, TENTATIVE PARCEL MAP NO. 92-172:
OWNER: HILLMAN PROPERTIES, 450 Newport Center Drive, Ste. 304, Newport
Beach, CA 92660-7640
AGENT: PACIFIC AUTO WASH, 2300 Michelson Drive, Irvine, CA 92715
LOCATION: Savi Ranch Business Park. Property is approximately 3.35 acres
located at the northwest corner of Weir Canyon Road and Savi Ranch
Parkway.
For a change in zone from CO(SC) Commercial Office; Scenic Corridor
Overlay) Zone to the CL(SC) (Commercial, Limited: Scenic Corridor Overlay)
or a less intense zone.
To permit a service station/car wash facility with waivers of minimum
structural setback, required landscaped setback and permitted roof mounted
equipment.
To establish a 3-lot, commercial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 92-93-03 APPROVED (PC92-123) (5 yes votes, 1
abstained, and 1 vacancy).
CUP NO. 3556 GRANTED (PC92-124) with added conditions.
Approved waiver of code requirement.
Tentative Parcel Map No. 92-172 APPROVED (5 yes votes, 1 abstained, and 1
vacancy. (See Council agenda of 10/27/92, Item B7.)
Approved Addendum No. 2 to EIR No. 289.
In response to query by Council Member Daly, Zoning Administrator Annika
Santalahti advised that the action taken by the Planning Commission was
acceptable to staff; there was a significant grade differential involved with
this property.
736
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
Council Member Ehrle expressed concern that several car wash operations had
been approved in the area of subject property. Ms. Santalahti stated that the
Planning Commission would be made aware of his concern.
B6. 155: CEQA NEGATIVE DECLARATION, SPECIFIC PLAN NO. 90-01, REVISION TO
DEVELOPMENT AREA 2 SITE PLAN, VARIANCE NO. 4201:
OWNER: TAUBMAN COMPANY, ATTN: BRADLEY A. GEIER, ANAHEIM HILLS FESTIVAL,
125 Chaparral Court, Suite 202, Anaheim, CA 92808
AGENT: BROBECK, PHLEGER AND HARRISON, ATTORNEYS AT LAW, ATTN: LINDA J.
BOZUNG, 550 South Hope Street, Los Angeles, CA 90071-2604
LOCATION: Anaheim Hills Festival Center (SP90-01). Property is
approximately 35 acres located at the southwest corner of Santa Ana Canyon
Road and Roosevelt Road.
Petitioner requests review of revised site plan for Development Area 2 for
a 4,016 square foot increase in building area and redesignating a portion
of Development Area 2 from Home Furnishing uses to General Retail uses
with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Specific Plan No. 90-01 Revision to Development Area 2 Site Plan GRANTED
(PC92-125) - loading hours limited to 6 am to 9 pm on weekdays and 9 am to
8 pm on weekends (6 yes votes, 1 vacancy).
Variance No. 4201 GRANTED (PC92-126).
Approved Negative Declaration.
B7. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3557 AND
NEGATIVE DECLARATION:
OWNER: PALMALL PROPERTIES, INC., A CORPORATION c/o 1430 W. Broadway,
Anaheim, CA 92805
AGENT: PETE BLECKERT, 1654 S. Douglas Road, Anaheim, Ca 92806
LOCATION: 1430 West Broadway. Property is approximately .53 acres
located at the southeast corner of Broadway and Adams Street.
To permit diesel truck repair with waivers of (a) minimum number of
parking spaces, and (b) permitted encroachments in front setback area.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3557 GRANTED, IN PART, waiver (a) minimum number of parking spaces
APPROVED, and waiver (b) permitted encroachments in front setback area
DENIED (PC92-127) (6 yes votes, and 1 vacancy).
Approved Negative Declaration.
B8. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3555, WAIVER
O~ COUNCIL POLICY NO. 542 AND NEGATIVE DECLARATION~
OWNERs DAVID S. COLLINS AND MARION G. COLLINS, a~ Trustee~ of the Collin~
Family and Susan Collins Borchers, as Trustee of the Susan Collins
Borchers Trust, 2661 Tallant Road, #871, Santa Barbara, CA 93105
AGENT: MARK E. BOTICH, 833 S. Anaheim Boulevard, Anaheim, CA 92805
LOCATION: 1514 West Broadway. Property is approximately 1.08 acres
located at the southwest corner of Broadway and Adams Street.
To permit a recreational vehicle and boat storage facility with waivers of
(a) permitted encroachments into required front setback area, and
(b) lighting of parking areas adjoining residential premises.
Request for waiver of Council Policy No. 542 pertaining to required sound
attenuation and location of residential structures adjacent to arterial
highways and railroad rights-of-way.
ACTION TAKEN BY THE PLANNING COMMISSION:
737
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
CUP NO. 3555 GRANTED, IN PART, waiver (b) lighting poles not to exceed 16
feet (PC92-128) (6 yes votes, 1 vacancy).
Approved waiver of Council Policy 542.
Approved Negative Declaration.
REPORTS AND RECOMMENDATION ITEM:
B9. 179: CONDITIONAL USE PERMIT NO. 2321 - REQUEST FOR REVIEW OF REVISED
PLANS TO DETERMINE SUBSTANTIAL CONFORMANCE:
REQUESTED BY: ALAN CAMERON, PACTEL CELLULAR.
LOCATION: 1460 N. Red Gum Street.
Petitioner requests review of revised plans to determine substantial
conformance with previously approved exhibits.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED.
BiO. 149: PROPOSED AMENDMENT TO CHAPTER 18.06 OF TITLE 18 VEHICLE PARKING
AND LOADING REQUIREMENTS FOR MULTI-FAMILY HOUSING:
Council Member Hunter offered Ordinance No. 5340 for first reading.
ORDINANCE NO. 5340: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS
.012 AND .013 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARKING REQUIREMENTS.
END OF THE PLANNING COMMISSION ITEMS.
Bll. 170: TENTATIVE TRACT MAP NO. 14334 - REQUEST FOR TIME EXTENSION:
REQUESTED BY: ANACAL ENGINEERING, C.J. QUEYREL, 1900 East La Palma
Avenue, Suite 202, Post Office Box 3668, Anaheim, CA 92803-3668
LOCATION: 371 Timken Road. Property is approximately 2.6 acres located
between the terminus of Timken Road and Corto Road (private streets), east
of Mohler Drive.
Petitioner requests an extension of time (to expire on November 13, 1993)
to comply with conditions of approval.
TENTATIVE TRACT MAP NO. 14334 is to establish a 5-lot RS-HS-22,000(SC)
zoned subdivision without any waivers.
Continued from the meeting of 10/27/92, Item B9.
Zoning Administrator Annika Santalahti reported that it was her understanding
the property owner intended to request a continuance on this request for
extension of time; he is working with Parks and Recreation staff on the
construction and bonding of the horse trail prior to recordation of the tract
map.
MOTION.'.. On motion by Council M~mb~r Simp~on, ~cond~d by Council M~mb~r
Hunter, request for time extension to Tentative Tract Map No. 14334 was
continued two weeks, to November 17, 1992. MOTION CARRIED.
B12. 170: REQUEST FOR REHEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL
USE PERMIT NO. 3527, SPECIMEN TREE REMOVAL PERMIT NO. 92-04, AMENDMENT TO
SANTA ANA CANYON ROAD ACCESS POINT STUDY, EXHIBIT NO. 7, AND NEGATIVE
DECLARATION:
OWNER: WEST STREET DEVELOPMENT COMPANY, ATTN: DOUG BROWNE, P.O. BOX
18021, Anaheim, CA 92817; CANYON GARDEN NURSERY INC., 6270 E. Santa Ana
Canyon Road, Anaheim, CA 92807.
738
City Nail, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
LOCATION: 6270 East Santa Ana Canyon Road. Property is approximately .94
acre located on the south side of the Santa Ana Canyon Road approximately
515 feet west of the centerline of Fairmont Boulevard.
To permit a 2-story, 9-unit, commercial retail center with waivers of
maximum structural height within 150 feet of single family residential
zone boundary, minimum structural setback adjacent to single family
residential zone, permitted encroachment into required yards, permitted
roof mounted equipment and permitted type of shopping center
identification sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3527 GRANTED (PC92-89) (4 yes votes, 2 no votes, 1 absent).
Waiver of code requirement APPROVED (4 yes votes, 2 no votes, 1 absent).
Specimen Tree Removal Permit No. 92-04 APPROVED.
Recommended that City Council adopt a resolution approving an amendment to
the Santa Ana Canyon Road Access Point Study, Exhibit No. 7 (PC92-90).
Approved Negative Declaration.
Review of the Planning Commission's decision requested by Council Members
Simpson and Hunter at the meeting of 8/18/92 (B3).
At the City Council meeting of 9/22/92, Item D4, the Council Denied,
without prejudice, Conditional Use Permit No. 3527, Specimen Tree Removal
permit No. 92-04, and Amendment to Santa Ana Canyon Road Access point
Study (Exhibit 7).
Request for rehearing submitted by the owner West Street Development
Company, Doug Browne.
The City Attorney advised that although a fee was paid, the Declaration
establishing grounds for a rehearing was not filed with the City Clerk. The
City Council's denial on September 22, 1992, was without prejudice, with the
understanding that the property owner could go back to the Planning Commission
with a new application.
MOTION: On motion by Council Member Hunter, seconded by Council Member Daly
the request for a rehearing was denied. MOTION CARRIED.
Chairman Hunter reconvened the Anaheim Redevelopment Agency for the Joint
Public Hearing, all Agency Members being present. (6:00 p.m.)
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all thc~e
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those t~%i~y£ng w~ ~qu~t~d to ~tand by the City Clerk and a~ked to rai~
their right hand. The oath was then given.
D1. 161/158/170: JOINT PUBLIC HEARING - CONVEYANCE OF AN AGENCY-OWNED PARCEL
IN CONNECTION WITH LOT LINE ADJUSTMENT PLAT NO. 272 TO VINEYARD HISTORIC
HOMES:
To consider the transfer of a remnant parcel to the Development to be
included in Lot 10 (200 N. Philadelphia Street) and receiving an easement
for road and public utility purposes (cul-de-sac at the terminus of
Philadelphia Street north of Lincoln Avenue).
Lisa Stipkovich, Community Development Executive Director reported that the
2800 square foot remnant parcel proposed to be transferred was left over when
Lincoln Avenue was realigned; its only value would be in terms of adding it to
the adjoining parcel, Lot 10, Block 8 of the Vineyard Development. The fair
739
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
market value of the parcel is $36,577, as shown on the summary attached to
staff report dated October 22, 1992. It was recommended that 1936 square feet
of the parcel be retained for road and public utilities easements, leaving a
net value of $11,300. The transfer would relieve the Redevelopment Agency of
long term maintenance costs for this parcel which in a four year period, for
example, would far exceed the $11,300 value of the property to be transferred.
Chairman/Mayor Hunter opened the public hearing and asked to hear from anyone
who wished to speak; there being no response he closed the public hearing.
Council Member Hunter offered Resolution Nos. 92R-227 and 92R-228 for
adoption, the first finding that the consideration for the sale of the
property thereunder is below fair value but is deemed appropriate, given the
benefits to the community provided under the exchange agreement and the
reduction of Redevelopment Agency maintenance costs associated with the
property and approving the transfer of such property; and the second accepting
a certain easement deed conveying certain real properties or interests therein
to the City. Refer to Resolution Book.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 92R-227 and 92R-228)
Council Member Hunter moved to waive the reading in full of the resolutions.
Council Member Simpson seconded the motion. MOTION CARRIED.
RESOLUTION NO. 92R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER
IS BELOW FAIR VALUE BUT IS DEEMED APPROPRIATE, GIVEN THE BENEFITS TO THE
COMMUNITY PROVIDED UNDER THE EXCHANGE AGREEMENT AND THE REDUCTION OF
REDEVELOPMENT AGENCY MAINTENANCE COSTS ASSOCIATED WITH THE PROPERTY; AND
APPROVING THE TRANSFER OF SUCH PROPERTY.
RESOLUTION NO. 92R-228: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A CERTAIN EASEMENT DEED CONVEYING CERTAIN REAL PROPERTIES OR
INTERESTS THEREIN TO THE CITY.
Roll Call Vote on Resolution Nos. 92R-227 and 92R-228 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-227 and 92R-228 duly passed and
adopted.
MOTION: Council Member Hunter moved to approve the 33433 and 33434 Report
finding that the conveyance of the site is below fair value but is deemed
appropriate, given the benefits to the community and the reduction in a
maintenance burden to the Agency. Council Member Simpson seconded the motion.
MOTION CARRIED.
Agency Member Simpson offered Resolution No. ARA92-94 for adoption, approving
the proposed conveyance of certain real property in connection with a
Disposition and Development Agreement pertaining thereto. Refer to Resolution
Book.
740
City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 3, 1992 - 5:00 P.M.
RESOLUTION NO. ARA92-24: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE PROPOSED CONVEYANCE OF CERTAIN REAL PROPERTY IN CONNECTION WITH
A DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO.
Roll Call Vote on Resolution No. ARA92-24 for adoption:
AYES: AGENCY MEMBER: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: AGENCY MEMBER: None
ABSENT: AGENCY MEMBER: None
The Chairman declared Resolution No. ARA92-24 duly passed and adopted.
MOTION..-.. Agency Member Simpson moved to approve the Exchange Agreement with
Vineyard Historic Homes, a California General Partnership. Agency Member Daly
seconded the motion. MOTION CARRIED.
ADJOURNMENT - REDEVELOPMENT AGENCY: Agency Member Pickler moved to adjourn,
Agency Member Hunter seconded the motion. MOTION CARRIED. (6:03 p.m.)
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Daly
seconded the motion. MOTION CARRIED. (6:04 p.m.)
LEONORA N. SOHL, CITY CLERK
741