1991/05/07City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle 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
FIRE MARSHAL: Tim Riley
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
ZONING ADMINISTRATOR: Annika Santalahti
CODE ENFORCEMENT: Bruce Freeman
A complete copy of the agenda for the meeting of the Anaheim City Council
was posted at 4:10 p.m. on May 3, 1991 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.
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.
f. Salazar v. Glotfelty, et al, Orange County Superior Court Case
No. 60-66-53.
g. To meet with the City's negotiators pursuant to Govt. Code Sec.
54956.8 concerning the Walt Disney company and property generally
located at 1313 S. Harbor Blvd.
By general Consent, the Council recessed into Closed Session. (3:02 p.m.)
260
City Hallt Anaheimt California - COUNCIL MINUTES - May 7, 1991~ 5:00 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= In lieu of an invocation a moment of silence was observed.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - INTRODUCTION OF CINCO DE MAYO QUEEN AND COURT: Amin
David, Chairperson of sponsors for Cinco De Mayo, first introduced Antonio
Arroyo, Chairman of the Cinco De Mayo Festival who, in turn, introduced the
1991 Cinco De Mayo Queen, Olga Jurado and her Court princesses - Linda Diaz,
Maria G. Viramontes, Sophia Arredondo and Alejandra Del Rio. He also
introduced the Cinco De Mayo Queen from the City of Cruz Azul, Mexico, who gave
brief comments. Mr. Arroyo also thanked Sue Richmond and Terry Lowe from the
Parks and Recreation Department staff as well as the Police Department and the
Explorers who helped make the event such a success and those from Set Free
Fellowship and the many other volunteers.
Mayor Hunter and Council Members welcomed the Queen, her Court and
representatives and'congratulated the new queen. Mayor Hunter then presented
her with flowers.
119= PRESENTATION - PLAQUE - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING: Council Member Simpson presented to George Ferrone, the
City's Director of Finance, a certificate of achievement plaque from the
Government Finance Officer's Association for excellence in financial reporting,
the 14th year that Mr. Ferrone has been awarded the certificate by the Finance
Officers.
Mr. Ferrone accepted the award on behalf of the Finance Department staff "who
make the award possible".
Mayor Hunter and Council Members commended Mr. Ferrone and his staff.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Hire a Veteran Week in Anaheim, May 5-11, 1991
Civic Transportation Day in Anaheim, May 13, 1991
Correct Posture Month and Chiropractic Wellness Week
in Anaheim, May 12-18, 1991
Senior Citizens Month in Anaheim, May 1991
Water Awareness Month in Anaheim, May 1991
Jesus Vasquez accepted the Hire a Veteran Week proclamation; Frank Rose
accepted the Civic Transportation Day proclamation; Doctor Christopher Green
accepted the Correct Posture Month proclamation; Mr. & Mrs. Lloyd Lowry
accepted the Senior Citizens Month proclamation, and Ed Aghjayan, the City's
261
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
Public Utilities General Manager and Norris Creviton accepted the Water
Awareness Month proclamation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council and presented to Mr. John Kaiser who accepted the
declaration on behalf of the Anaheim/East Rotary Club recognizing the Club's
25th anniversary in Anaheim. Mayor Hunter and Council Members commended the
group for its contributions to the community.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council recognizing Sarah Alevizon and commending her for
her outstanding contributions to Anaheim. Mrs. Alevizon will receive an Orange
Community Council Honorary Service award May 10, 1991.
119: DECLARATION OF COMMENDATION: Declarations of Commendation were
unanimously adopted by the City Council to be presented to Martin A. Sklar &
Leah Sklar, and Mariya Fassler for their outstanding contributions to the
Michael L. Roston Creative Writing Contest.
119: DECLARATION OF RECOGNITION: Declarations of Recognition were unanimously
adopted by the City Council to be presented to five Key Sponsors of the Paint
Your Heart Out Anaheim effort: Set Free Christian Fellowship; The Koll
Company; Disneyland; The Los Angeles Times, Orange County; and
Sherwin-Williams.
SPECIAL PRESENTATION - AUGUST F. LENAIN: Mayor Hunter and Council Members then
presented a plaque to Mr. August F. Lenain in recognition of his 19 years of
service as the City's Representative on the Orange County Water District and
for the contributions Mr. Lenain has made to the Anaheim and Orange County
community. Mr. Lenain was accompanied by his wife Marie.
MINUTES: Council Member Hunter moved to approve the minutes of the regular
meetings of April 2, April 9, and April 16, 1991. Council Member Pickler
seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,018,043.53 for the week
ending April 26, 1991 and $8,052,067.23 for the week ending May 3, 1991, in
accordance with the 1990-91 Budget, were approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:55 p.m.)
Mayor Hunter reconvened the City Council meeting. (6:07 p.m.)
WAIVER OF READING - RESOLUTION: The titles of the following resolutions were
read by the City Manager. (Resolution Nos. 91R-122 through 91R-129, both
inclusive, and Resolution No. 91R-136)
Council Member Hunter moved to waive the reading in full of the resolutions.
Council Member Daly seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Hunter, seconded by Council Member Daly, the following items were approved in
262
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Council Member Hunter
offered Resolution Nos. 91R-122 through 91R-129, both inclusive, for adoption
and Resolution No. 91R-136 for adoption. Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Mr. & Mrs. Gerald D. Schultz for property damage
sustained purportedly due to actions of the City on or about September 10,
1990.
b. Claim submitted by Bernardo & Judithanne Gollette for property damage
sustained purportedly due to actions of the City on or about November 15, 1990
and December 1, 1990.
c. claim submitted by Jerry Kerby dba Anderson for property damage
sustained purportedly due to actions of the City on or about March 18, 1991.
d. Claim submitted by Edgar Sibiglia for indemnity sustained purportedly
due to actions of the City on or about February 18, 1991.
e. Claim submitted by Joan Fleming for bodily injury sustained
purportedly due to actions of the City on or about February 17, 1991.
f. Claim submitted by Cary Collins for bodily injury sustained
purportedly due to actions of the City on or about October 12, 1990.
g. Claim submitted by Christine P. Armand for bodily injury sustained
purportedly due to actions of the City on or about September 30, 1990.
h. Claim submitted by Leopoldo Becerra for bodily injury and property
damage sustained purportedly due to actions of the City on or about
February 11, 1991.
i. Claim submitted by David Andrew Matin for property damage sustained
purportedly due to actions of the City on or about March 18, 1991.
j. Claim submitted by Edith M. Lynn for bodily injury sustained
purportedly due to actions of the City on or about October 13, 1990.
k. Claim submitted by Richard L. Montecalvo for property damage
sustained purportedly due to actions of the City on or about January 25, 1991.
1. Claim submitted by Raul Alcantar for bodily injury sustained
purportedly due to actions of the City on or about November 6, 1990.
m. Claim submitted by Gary A. & Sandra J. Skaggs for bodily injury
sustained purportedly due to actions of the City on or about February 10,
1991.
263
City Hallt Anaheimt California - COUNCIL MINUTES - May 7t 1991, 5:00 P.M.
A2. 105: Receiving and filing minutes of the Library Board Meeting at the
Sunkist Library held February 28, 1991.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held March 6, 1991.
105= Receiving and filing minutes of the Senior Citizens Commission meeting
held March 14, 1991.
105: Receiving and filing minutes of the Community Services Board meeting held
March 14, 1991.
105: Receiving and filing minutes of the Public Utilities Board meeting held
March 21, 1991.
107: Receiving and filing the Statistical Report Summary ending March 31,
1991, submitted by the Building division.
105= Receiving and filing minutes of the Anaheim Public Library Board meeting
held March 27, 1991.
140= Receiving and filing the Anaheim Public Library Monthly Statistical
Report for March, 1991.
156= Receiving and filing the Anaheim Police Department Crime and Clearance
Analysis for March, 1991.
A2. 173: Receiving and filing a notice that an application was filed with the
California Public Utilities Commission by Desert Holiday Broker's Inc., dba
U.S.A. Shuttle seeking authority to operate an on-call door to door airport
shuttle van service.
178: Receiving and filing a notice of public hearing from the California
Regional Water Quality Control Board, Santa Ana Region, pertaining to revisions
to the exemption criteria for use of septic tank-subsurface disposal systems on
lots smaller than one-half acre.
173= Receiving and filing an application before the Public Utilities
Commission of the State of California on the matter of Bahram Shahab and
Mehrdad Hajimoradi et al, dba L.A. Xpress Airport Shuttle, requesting
authorization for rate adjustment and to establish a Zone of Rate Freedom for
its Airport Passenger Fares between its authorized service areas in Southern
California and LAX, John Wayne Ontario Burbank and Long Beach Airports, Long
Beach Harbor Areas, and Amtrak Station on one hand; and to also establish rates
for express baggage delivery on the other hand.
173: Receiving and filing Application No. 91-01-020 before the Public
Utilities Commission of the State of California on the matter of Airport
Cruise, Inc., for authority to extend its existing passenger-stage Certificate
(PSC-5877) to include scheduled service over regular routes between Buena Park,
Anaheim, Orange, Garden Grove and John Wayne Airport, and New~ort Beach, Costa
Mesa, Irvine and Los Angeles International Airport.
264
City Hall, Anaheim, California - COUNCIL MINUTES - May 7t 1991f 5=00 P.M.
A3. 175~ Approving a Notice of Completion of the construction of the Olive
Hills Water Transmission Main by Valverde Construction, Inc., and authorizing
the Mayor to sign and the City Clerk to file said Notice of Completion.
A4. 175: Awarding the contract to the lowest and best responsible bidder,
Beylik Drilling, Inc., in the amount of $278,655 for construction of Water Well
No. 49 at La Palma Pump Station Facilities.
A5. 169: Awarding the contract to the lowest and best responsible bidder,
Gillespie Construction, Inc., in the amount of $114,744 for Vintage Lane
Soundwall.
A6. 158: Authorizing the payment of $11,800 to William C. and Cynthia L.
Taormina, pursuant to agreement on file, for asbestos removal to their building
located at 401 North Anaheim Boulevard - North Anaheim Boulevard Street
Widening Project (R/W 3500-4).
A7. 131: RESOLUTION NO. 91R-136: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS-CITY ENGINEER TO
EXECUTE APPLICATIONS FOR FUNDING OF HIGHWAY IMPROVEMENT PROJECTS UNDER THE
STATE/LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (THIRD CYCLE).
AS. 123: Approving an agreement with Andrew Homes, Inc., in an amount not to
exceed $7,000 for participation in construction of catch basin (storm drain
facilities) adjacent to Tract No. 14391.
A9. 169: Approving Contract Change Order No. 2, in the amount of $44,959.72
in favor of Excel Paving Company, for the Broadway Street and Storm Drain
Improvements (from 500' west of Harbor Boulevard to Manchester Avenue).
Al0. 160: Accepting the bid of Cooper Power Systems, in the amount of
$29,110.80 (including tax) for one each three-phase distribution transformer
2000 KVA, in accordance with bid $4933.
All. 160: Accepting the bid of Deco Utility Supply Corporation, in the amount
of $60,625.13 (including tax) for 15 each 15KV 200 amp loadbreak switches, in
accordance with bid ~4929.
Al2. 123: Waiving Council Policy 306, and approving a contract (Maintenance
Service Schedule) with Filenet Corporation, in an amount not to exceed $108,780
for the Filenet Management System at the Police Department.
A13. 113: RESOLUTION NO. 91R-122: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
100 DAYS OLD. (Magnasync Voice Recording Tapes ~45 through ~67 and ~69 through
$134 - Utilities Department.)
A14. 150: Denying the request for a fee waiver by the Union United Food and
Commercial Workers (UFCW) for their use of Brookhurst Community Center on
February 22, March 22, April 19, and May 17, 1991.
265
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
A15. 153: RESOLUTION NO. 91R-123: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-79 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. (Salary range
adjustment - Box Office Treasurer.)
RESOLUTION NO. 91R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 91R-80 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (To add the position of Public
Utilities Administrative Analyst.)
A16. 153: RESOLUTION NO. 91R-125: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME
JOB CLASSIFICATIONS AND SUPERSEDING RESOLUTION NO. 90R-113 AND AMENDMENTS
THERETO, EFFECTIVE MAY 10, 1991.
Al7. 153: RESOLUTION NO. 91R-126: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGREEMENT BETWEEN THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL NO. 47 AND THE CITY OF ANAHEIM. (For a one-time
accrued vacation buy out for employees to provide a cash donation to a
terminally-ill employee of Anaheim.)
A18. 153: RESOLUTION NO. 91R-127: 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.
(Post-Retirement Survivor allowance.)
Al9. 140: Accepting the $6,278.54 donation of the Friends of the Anaheim
Public Library and approving an increase in revenue appropriations and
expenditures by $6,278.54.
A20. 156: RESOLUTION NO. 91R-128: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING THE DONATION OF A VEHICLE FOR THE USE OF THE ANAHEIM
POLICE EXPLORER POST.
A21. 158: RESOLUTION NO. 91R-129: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN HEAL PROPERTIES OR INTERESTS THEREIN.
Roll Call Vote on Resolution Nos. 91R-122 through 91R-129:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution 'Nos. 91R-122 through 91R-129, both inclusive,
duly passed and adopted.
Roll Call Vote on Resolution No. 91R-136:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
266
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
The Mayor declared Resolution No. 91R-136 duly passed and adopted.
End of Consent Calendar.
A2~. 105: ANAHEIM PRIVATE INDUSTRY COUNCIL APPOINTMENTS: Submitted was
report dated May 7, 1991 from Marge Pritchard, JTPA Manager recommending that
the Council accept the recommendations from the Anaheim Chamber of Commerce as
outlined in the report.
Council Member Hunter moved to accept the recommendations from the Anaheim
Chamber of Commerce for the Private Industry Council by reappointing two
existing members for a four-year term (terms expired March 1, 1991) Mr. Mel
Miller, Pacific Inland Bank, four-year term and Mr. Larry Leaman, Orange County
Social Services Agency, four-year term; appointing one new member for a
three-year term, Ms. Denise Preston-Hunter, Karcher Enterprises for a
three-year term and appointing one new member, Stanley Pawlowski for a
four-year term. Council Member Ehrle seconded the motion. MOTION CARRIED.
A23. 129: HEARING - AMENDMENT OF THE UNDERGROUND STORAGE TANK REGULATORY
PROGRAM: To consider a resolution adjusting the schedule for all fees
associated with the installation, removal, registration and site mitigation of
any underground storage tanks, to be effective April 1, 1991.
Submitted was report dated April 9, 1990 from the Fire Chief, Jeff Bowman
recommending a revised fee schedule for the Underground Storage Tank Regulatory
program to be effective April 1, 1991 and amending the fiscal year 90/91
allocation plan to reflect an increase to the General Fund Appropriation in
Program 202 by $125,000 and increasing revenue account 01-3317 by $125,000.
Mayor Hunter opened the hearing and asked if anyone wished to speak; there
being no response, he closed the hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-130)
Council Member Daly moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Daly offered Resolution No. 91R-130 for adoption, revising fees
for the Underground Storage Tank Program and establishing the effective date of
fees. Refer to Resolution Book.
RESOLUTION NO. 91R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REVISING FEES FOR THE UNDERGROUND STORAGE TANK PROGRAM AND ESTABLISHING
THE EFFECTIVE DATE OF FEES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-130 duly passed and adopted.
267
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5=00 P.M.
A24. 000: HEARING - CONVENTION CENTER PARKING FEES: To consider a resolution
establishing fees for parking at the Anaheim Convention Center, to be effective
May 10, 1991.
Submitted was report dated April 8, 1991 from the General Manager of the
Convention Center, Lynn Thompson recommending the establishment of a parking
fee at the Anaheim Convention Center to be $6.00 effective May 10, 1991.
Mayor Hunter opened the hearing and asked if anyone wished to speak; there
being no response, he closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-131)
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. 91R-131 for adoption,
establishing fees for parking at the Anaheim Center, to be effective May 10,
1991. Refer to Resolution Book.
RESOLUTION NO. 91R-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING FEES FOR PARKING AT THE ANAHEIM CONVENTION CENTER TO BE
EFFECTIVE MAY 10,1991.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-131 duly passed and adopted.
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 18, 1991 -
DECISION DATE: APRIL 25, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS MAY
1991:
El.
179: VARIANCE NO. 4120 AND NEGATIVE DECLARATION:
OWNER: INVESTMENT PARTNERS II, Two Venture Plaza, Suite 100, Irvine,
CA 92718-3314.
AGENT: F. CRAIG MORRIS, Two Venture Plaza, Suite 100, Irvine, CA
92178-3314.
LOCATION: 3737 E. Miraloma Avenue. Property is approximately .76
acre.located on the north side of Miraloma Avenue, approximately 260
feet west of the centerline of Jefferson Street.
Waiver of minimum number of parking spaces to convert 5,596 square
feet of an existing 13,604 square foot industrial building for office
use.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4120 APPROVED modified condition (ZA91-19).
Approved Negative Declaration.
268
City Hallt Anaheim, California - COUNCIL MINUTES - May 7t 1991~ 5:00 P.M.
B2.
179: VARIANCE NO. 4121, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: DR. EDMOND & TERESA CHU, 185 Starlight Drive, Anaheim, CA
92807.
AGENT: AL AND JESSE CADENA, 2631 Amherst Avenue, Fullerton, CA 92631.
LOCATION: 185 Starlight Drive. Property is approximately 1.24 acres
located on the west side of Starlight Drive, approximately 330 feet
north of the centerline of Peralta Hills Drive.
Waiver of minimum side yard setback to construct an architectural
screen wall 5 feet from the side property line.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4121 APPROVED modified condition (ZA91-20).
B3.
179: VARIANCE NO. 4123 AND NEGATIVE DECLARATION:
OWNER: GRUBB & ELLIS INDUSTRIAL PROPERTIES FUND II, Attn: John Hyjer,
One Montgomery Street, 2nd Floor, San Francisco, CA 94104.
AGENT: LARMOR DEVELOPMENT CO., Attn: Lewis McCabe, 801 E. Katella,
Suite 300, Anaheim, CA 92805.
LOCATION: 1222 Howell Avenue. Property is approximately 5.22 acres
located on the south side of Howell Avenue, approximately 1,000 feet
east of the centerline of Lewis Street.
Waiver of minimum number of parking spaces to construct a 25,963
square foot industrial building consisting of 1,650 square feet of
office space and 24,313 square feet of warehouse space.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4123 APPROVED modified conditions (ZA91-21),
Approved Negative Declaration.
End of the Zoning Administrator Items.
B4. 179: ORDINANCE NO. 5217 - ADOPTION: Amending Sections 17.28.010,
17.28.030, 17.28.050, 17.28.100, 17.28.130, 17.28.170 and 17.28.190 of Chapter
17.28 of Title 17 of the Anaheim Municipal Code (Flood Hazard Reduction) and
Amending Sections 18.90.020, 18.90.030 and 18.90.050 of Chapter 18.90 of Title
18 of the Anaheim Municipal Code (Floodplain Overlay Zone). (Introduced at the
meeting of April 23, 1991, Item B6.)
WAI~-ER OF READING -- ORDINANCES: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5217)
Council Member Pickler moved to waive the reading in full of the ordinance.
Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5217 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5217: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
17.28.010, 17.28.030, 17.28.050, 17.28.100, 17.28.130, 17.28.170 AND 17.28.190
OF CHAPTER 17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE (FLOOD HAZARD
REDUCTION) AND AMENDING SECTIONS 18.90.020, 18.90.030 AND 18.90.050 OF CHAPTER
18.90 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (FLOODPLAIN OVERLAY ZONE).
269
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5=00 P.M.
Roll Call Vote:
AYES:
NOES=
ABSENT:
COUNCIL MEMBERS=
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Ordinance No. 5217 duly passed and adopted.
B9A. 179: ORDINANCE NO. 5218 - INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 89-90-60, located at 820 N. Euclid Street
from the CL zone to the RM1200 zone.
Council Member Simpson introduced for first reading Ordinance No. 5218 relating
to Reclassification No. 89-90-60. This item appeared on the Council Agenda of
April 23, 1991 (see minutes that date) and the Council did not introduce the
Ordinance at that time.
ORDINANCE NO. 5218= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
City Attorney White. He confirmed that the ordinance as introduced tonight
will appear on next week's Council agenda for consideration and adoption. It
was not acted on at the Council's last meeting. Therefore, there will be no
need to hold a public hearing as would have been required if the ordinance is
adopted at the Council's next meeting.
B5-B9. 179: ORDINANCE NOS. 5219 THROUGH 5223 - INTRODUCTION: Council Member
Ehrle offered Ordinance Nos. 5219 through 5223, both inclusive, for first
reading. Refer to Ordinance Book.
ORDINANCE NO. 5219: 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. 90-91-13, 719-729 North East Street; to RM-2400 zone.)
ORDINANCE NO. 5220: 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. 89-90-53; Water/Olive/South Street to RS-5000 zone.)
ORDINANCE NO. 5221: 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. 89-90-32; Water/Santa Ana/South Street areas; to RM-2400
zone.)
ORDINANCE NO..5222: 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. 90-91-22; 204-2083 South Harbor; to CR zone.)
ORDINANCE NO. 5223: 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. 90-91-23; 928-1120 South Harbor Blvd; 333-521 West Ball
Road; to the CR zone.)
270
City Hallr Anaheimr California - COUNCIL MINUTES - May 7, 1991~ 5:00 P.M.
B10.
179: - REQUEST FOR TIME EXTENSION ON VARIANCE NO. 3859:
Requested by Tom Kieviet, Farano & Kieviet, 100 South Anaheim
Boulevard, Suite 340, Anaheim. The property is located at 3350 West
Ball Road (Anaheim General HosPital). The petitioner is requesting an
extension of time to comply with conditions of approval retroactive to
April 4, 1991 to expire April 4, 1992.
Variance No. 3859 is for waiver of minimum number of parking spaces to
construct a 3-story, 30,000 sq. ft. medical office building.
Submitted was report dated April 23, 1991 from the Zoning Administrator Annika
Santalahti recommending that the retroactive time extension be granted as
requested.
MOTION: Council Member Daly moved to approve the requested extension of time
on Variance No. 3859 retroactive to April 4, 1991 to expire April 4, 1992.
Council Member Hunter seconded the motion. MOTION CARRIED.
Bll.
179: REQUEST FOR TIME EXTENSION ON CONDITIONAL USE PERMIT NO. 2651:
Requested by Dwight Belden of Hillman Properties West, 450 Newport
Center Dive, Suite 304, Newport Beach. The property is located at
2400 East Katella Avenue. The petitioner is requesting a retroactive
extension of time to comply with conditions of approval retroactive to
February 26, 1990 to expire on February 26, 1992. Conditional Use
Permit is to permit an 11-story, 128 1/2 ft. hotel with on-premises
sale and consumption of alcoholic beverages with accessory uses, and a
12 and 15 story, 182 ft. and 222 1/2 high commercial office complex
with waivers of minimum structural setback and required site screening
on ML zoned property.
Submitted was report dated April 4, 1991 from the Zoning Administrator Annika
Santalahti recommending that the retroactive time extension be granted as
requested subject to certain conditions.
MOTION: Council Member Ehrle moved to approve the requested extension of time
on Conditional Use Permit No. 2651 retroactive to February 26, 1990 to expire
on February 26, 1992 subject to the requirement that plans submitted in
connection with the building permits shall show that all parking spaces for the
remaining development phase shall have minimum dimensions of 8 1/2 feet wide by
18 feet long as recommended in report dated April 24, 1991 from the Zoning
Administrator. Council Member Hunter seconded the motion. MOTION CARRIED.
C1. 151: FAIRMONT SCHOOL - REQUEST FOR TIME EXTENSION - SPECIAL EVENTS
PERMIT:
REQUESTED BY: DAVID R. JACKSON, FAIRMONT SCHOOL, 1557 West Mable
Street.
LOCATION/REQUEST: The property is located at 1557 West Mable Street.
Petitioner is requesting an approval to place decorative pennants,
balloons and flags for a period of ten weeks (June 24, 1991 - August
30, 1991) at Fairmont School during their summer day camp.
MOTION: Council Member Daly moved to approve the request for extension of time
to a Special Events Permit for ten weeks (June 24, 1991 through August 30,
1991) at Fairmont School as recommended in report dated April 8, 1991 from the
271
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
Zoning Administrator, Annika Santalahti. Council Member Hunter seconded the
motion. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST:
Dorothy Pan Wong, 1230 South Dale Avenue. As the owner of a 34-unit apartment
complex, her concern is that relative to the City's new water conservation
program, allowed water usage by apartment renters is much less than home
owners.
Mayor Hunter interjected and requested that a representative from the Public
Utilities Department, present in the Civic Center, speak with Ms. Wong relative
to her concern.
Don Schaffer, 948 North Chippewa. His concern is also with the City's water
conservation program. He explained that under the present program considering
his circumstances, his water bill is going to be astronomical. He is hoping
that something will be done soon to re-evaluate the situation.
Council Member Daly. Two weeks ago at his request, the Council asked that the
Public Utilities Board and staff re-evaluate the drought surcharge program to
examine the fairness of the surcharge in light of such factors as historical
water usage, number of persons in a household, size of property, etc. The PUB
made up of seven seats will be having public meetings on the subject to attempt
to improve the program to make it as fair as possible.
Fran Ratkowski, 100 West Midway Drive ~250, Anaheim. His request concerns the
continued owner slum-lord attitude and the running of Golden Skys Mobile Home
Park along with violations of the California Civil Code Provisions. He has
photocopied two pages of the subject and highlighted the front page. He has
itemized violations of the California Civil Code Provisions including fire'code
violations, health conditions inside the park and increasing rents with no
improvements. The owner is not being fair or honest with them. The main issue
is that the land looks like it will be sold to the highest bidder and at that
time they will be given less than 24 hour notice as to what to do with their
property. They are concerned as tax payers and residents and asked that not
only the City Attorney verify the violations, but also that they step in and
help them as residents of Anaheim.
Ron Edwards, Fire Sprinkler Industry, 121 Feroe Riviera Road, Whittier. He is
before the Council tonight, as at the previous meeting prepared to give
evidence in behalf of the fact that they are protesting award of a large
contract to G & G Fire Sprinklers, Inc. The Council mentioned that there was
not going to be any further comment but also the Mayor indicated they are
awaiting to hear from the Fire Chief and also that a member of the chief's
staff is ready to speak on the issue. However, earlier in the meeting, the
272
City Hallt Anaheimt California - COUNCIL MINUTES - May 7t 1991, 5=00 P.M.
Council voted on the issue and did not call on staff. He questioned why the
Mayor mentioned the Fire Chief was going to speak.
Mayor Hunter. He indicated staff was present and prepared to speak if there
was going to be a public debate. He asked if Tim Riley, the City's Fire
Marshal was present to comment.
Tim Riley, Fire Marshal. The Fire Department was contacted by Mr. Edwards"
organization about the potential problems with G & G Fire Sprinklers. The
department did some investigation and provided it to the Public Works Section,
Contracts Administration. He assured that they gave comments relative to the
report stating if there had been some problems with G a G in the past, the
information the Fire Department has states that G & G has been able to meet the
intent of the code for their installations and have been approved on all of
their past projects. He has no additional comments at this time.
Chairman Hunter reconvened the Anaheim Redevelopment Agency for the purpose of
the Joint Public Hearing. (6:29 p.m.)
JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL: To consider a Second
Amendment to the Disposition and Development Agreement with Lincoln Property
Development Company N.C., Inc., and Kaufman and Broad of Southern California,
Inc., indicating the terms and conditions of the sale of certain real property
(Parcels 22, 14S, 14N, and 4D - Heritage Place) within Redevelopment Project
Alpha (bounded by Cypress Street, Atchison Street, Center Street, and
Philadelphia Street).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 23 and April 30, 1991
STAFF INPUT:
See Staff Report dated April 30, 1991 from the Community Development Department
recommending that the Council/Agency make certain environmental findings with
respect to the Second Amendment to the Subject Agreement and also approving the
sale of the property subject to the Second Amendment.
Lisa Stipkovich, Executive Director of Community Development. The essence of
the amendment would allow for the assignment of the for-sale properties in this
project to Kaufman and Broad (K & B) of Southern California. The consideration
is to approve the sale of the property and the terms and conditions of the
sale. The base purchase price to be paid by K & B for Parcels 22 and 14S would
be 3.2 million dollars up front to the Agency with an additional purchase price
to the Agency of 25% of all profits that exceed the total average aggregate
base sale prices. The agreed upon aggregate prices are based upon an average
for the town homes of $161,000, $190,000 for the single-family and $240,000 for
the single-family detached. All the other terms and conditions outlined are
the staff report. She is also asking the Agency separately to consider changes
to the conceptual plans K & B is proposing and staff is recommending. The
actual Specific Plan approved by the City Council and Agency would not be
amended and the site plan would remain the same. However, K & B is
recommending certain elevation changes and interior redesign of the project.
Mr. Mike Woodley will give an overview of the proposed changes.
273
City Hall, Anaheim~ California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
Mr. Mike Woodley, architect, Kaufman and Broad. He first gave a brief overview
of the philosophy of K & B and why they have made the proposed changes.
Working from the displayed renderings of the homes/units, he explained that
they would be more in the vocabulary of the craftsman architecture. It is a
combination of some of the elements proposed before and combining those with
the K & B philosophy. He also gave a 'walk through' of some of the floor plans
to show the concepts used in the home interiors.
Lisa Stipkovich. Staff is recommending approval of the sale of the property in
accordance with the Second Amendment and also Agency approval as well as
approval by motion of the conceptual plans as proposed by K & B.
Mayor/Chairman Hunter opened the public hearing and asked to hear from anyone
who wished to speak either in favor or in opposition; there being no response,
he closed the public hearing.
City Attorney White. Over and above the proposed resolutions he noted the
staff report indicates that by motion the Agency is asked to approve the
revised conceptual drawings even though it is not separately called out on the
Agenda.
Agency Member Pickler offered Resolution No. ARA91-8 making certain
environmental findings with respect to the Second Amendment to the Disposition
and Development Agreement by and among the Anaheim Redevelopment Agency,
Lincoln Property Development Company N.C., Inc., Lincoln Anaheim Village
Limited Partnership, and Kaufman and Broad of Southern California, Inc. Refer
to Resolution Book.
RESOLUTION NO. ARA91-8: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE SECOND AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM
REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY N.C., INC., LINCOLN
ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN AND BROAD OF SOUTHERN
CALIFORNIA, INC.
Roll Call Vote:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Chairman declared Resolution No. ARA91-8 duly passed and adopted.
Council Member Pickler offered Resolution No. ARA91-9 for adoption, approving a
Second Amendment to the Disposition and Development Agreement by and among the
Anaheim Redevelopment Agency, Lincoln Property Development Company N.C., Inc.,
Lincoln Anaheim Village Limited Partnership, and Kaufman and Broad of Southern
California, Inc. Refer to Resolution Book.
RESOLUTION NO. ARA91-9: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY
~ND AMONG THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT
274
City Hall, Anaheim~ California - COUNCIL MINUTES - May 7~ 1991, 5:00 P.M.
COMPANY N.C., INC., LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN
AND BROAD OF SOUTHERN CALIFORNIA, INC.
Roll Call Vote:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Chairman declared Resolution No. ARA91-9 duly passed and adopted.
MOTION: On motion by Agency Member Pickler, seconded by Agency Member Hunter,
the Redevelopment Agency approved revised conceptual drawings relating to the
project. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolutions were
read by the City Clerk. (91R-132 and 91R-133)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-132 for adoption, making
certain environmental findings with respect to the Second Amendment to the
Disposition and Development Agreement by and among the Anaheim Redevelopment
Agency, Lincoln Property Development Company N.C., Inc., Lincoln Anaheim
Village Limited Partnership, and Kaufman and Broad of Southern California,
Inc. Refer to Resolution Book.
RESOLUTION NO. 132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE SECOND AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM
REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY N.C., INC., LINCOLN
ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN AND BROAD OF SOUTHERN
CALIFORNIA, INC.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-132 duly passed and adopted.
Council Member Pickler offered Resolution No. 91R-133 for adoption, approving
the sale of the property subject to the Second Amendment to the Disposition and
Development Agreement by and among the Anaheim Redevelopment Agency, Lincoln
Property Development Company N.C., Inc., Lincoln Anaheim Village Limited
Partnership, and Kaufman and Broad of Southern California, Inc. Refer to
Resolution Book.
275
City Hall, Anaheim, California - COUNCIL MINUTES - May 7~ 1991~ 5:00 P.M.
RESOLUTION NO. 91R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE SALE OF THE PROPERTY SUBJECT TO THE SECOND AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM
REDEVELOPMENT AGENCY, LINCOLN PROPERTY DEVELOPMENT COMPANY N.C., INC., LINCOLN
ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN AND BROAD OF SOUTHERN
CALIFORNIA, INC.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-133 duly passed and adopted.
MOTION: Agency Member Hunter moved to adjourn the Anaheim Redevelopment Agency
meeting. Agency Member Pickler seconded the motion. MOTION CARRIED.
(6:38 p.m.)
D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT
NO. 3390 AND NEGATIVE DECLARATION, WAIVER OF COUNCIL POLICY NO. 543:
OWNER: DWYER BEESLEY, ~200, 300 N. TUSTIN, Santa Ana, CA 92705
LOCATION/REQUEST: The property is located at 209 North Gilbert Street
and is approximately 0.23 acre located on the west side of Gilbert
Street and approximately 550 feet north of the centerline of Lincoln
Ave.
The request is to permit a 9-unit 'affordable" senior citizen's
apartment complex with waivers of (A) minimum building site area per
dwelling unit, (B) minimum setback to single family zone, (C) maximum
structural height and (D) minimum structural setback from the street.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3390 GRANTED (PC91-40) (5 yes votes, 1 no vote, and i absent).
Waiver of code requirement APPROVED (waiver (C) to be modified to
indicate that the setback is for a parking space as opposed to a trash
enclosure.
Waiver of Council Policy 543 APPROVED (5 yes votes, i no vote, and 1
absent).
Approved Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Council Members
Daly and Pickler at the Council meeting of April 16, 1991 and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 25, 1991
Mailing to property owners within 300 feet - April 24, 1991
Posting of property April 26, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 25, 1991
276
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 7~ 1991~ 5:00 P.M.
Mayor Hunter asked to hear from the applicant or applicant's agent.
APPLICANT'S
STATEMENT=
Dwyer Beesley, 300 North Tustin, Santa Ana. Although he has
never asked before on any of his other projects, tonight he would
like to ask for a continuance of one or two weeks. There are
some people he would like to meet with outside of the Council
hearing. He feels it would be productive for all involved. The
residents have legitimate comments and he would be more than
willing to meet with them.
Mayor Hunter asked if those present on this hearing would have any objection to'
a two week continuance; there was no objection.
MOTION: Council Member Hunter moved to continue the public hearing on
Conditional Use Permit No. 3390 for two weeks to Tuesday, May 21, 1991.
Council Member Simpson seconded the motion. MOTION CARRIED.
D3. 149: PUBLIC HEARING - CONSIDERATION OF PROHIBITION OF PARKING ON STATE
COLLEGE BOULEVARD:
To consider an Ordinance to prohibit parking at any time on both sides
of State College Boulevard from Ball Road to the Riverside Freeway
(SR-91) for the purpose of striping an additional travel lane in each
direction per the Critical Streets program.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 24, 1991, letter dated April 19, 1991
sent to residences/businesses in the effected area.
Submitted was report dated April 24, 1991 from the Director of Public Works and
City Engineer, Gary Johnson recommending that the Council adopt the proposed
ordinance.
Mayor Hunter. He noted the large number of people who were present in the
Chamber audience on this issue as well as the placards. The Council
understands and is apprised of the issue. Everyone will have an opportunity to
speak, but if there is a spokesperson(s) it will facilitate the hearing. He
asked first to hear from staff.
Mr. John Lower, Traffic and Transportation Engineer. He briefed the April 24,
1991 report which outlined in detail the reasons why the proposed ordinance is
before the Council tonight for consideration and subsequent adoption as well as
two additional options that were considered. The recommended option is that
there be permanent no parking on State College Boulevard from Ball Road to the
Riverside Freeway in order to accommodate the additional needed traffic lane in
both directions. Attached to the report were copies of letters sent to
residents and property owners in the affected area.
Mayor Hunter opened the public hearing and asked to hear from those who wished
to speak.
277
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
PUBLIC DISCUSSION IN OPPOSITION:
The following people spoke in opposition to the proposed ordinance:
Doug Gibson, 931 South Peregrine.
State College from Ball Road to South Street involves residential
neighborhoods which will be highly impacted by taking State College
from four lanes to six lanes. They are primarily concerned with
increased traffic flow in the residential area and whether there would
be an increased danger considering all of the schools in the area and
the high percentage of students living on the west side of State
College who would have to cross that street to get to their schools.
Boysen Park is also very busy and with parking removed will cause
parking problems there as well as in front of residences that would be
affected.
Gus Bode, 726 East Street.
Taking away parking on State College will cause a problem for a lot of
businesses in the area. They should not be penalized. He gave his
suggestions to solve traffic problems on State College.
Paul Bostwick, 8105 Woodsboro.
He is representing the Anaheim United Methodist Church as a member of
the board of trustees. The church objects to the widening or use of
State College for six lanes of traffic and to the loss of parking that
will result. There will be six lanes of traffic sitting at a traffic
light instead of four. The two million dollars could better be spent
for computerized synchronization. Putting more cars into an
intersection does not solve the problem.
Suzanne Brown, representing the homeowners of Anaheim Gardens
Association (condominiums at the corner of Wagner and State College).
Serious problems already exist at that intersection. There are many
accidents and access to Wagner is difficult. There are twenty-two
homeowners with a drive that has access only to State College. She
explained how difficult it is for those homeowners to go south now.
With three lanes to cross there is no way for it to be safe unless
there is a traffic signal at that location. Further, the homes were
not built with the idea that traffic would be so close to their
property.
Maryell Schultz, 829 South Reseda.
The proposal will create more traffic, noise and congestion and
increase faster through traffic which will not enhance patronage to
businesses established on State College. It is difficult even now to
get onto State College from parking lots and side streets with only
four lanes. Their tract has only two short-side streets to take the
overflow from State College. Restricting parking will encourage alley
parking, hinder trash removal, increase the possibility of crime and
hamper those who have access to their garages from the alley. They do
not want a main commuter artery that will increase traffic and
decrease their property values. She questioned where the proposal
originated.
278
City Hall, Anaheimf California - COUNCIL MINUTES - May 7t 1991f 5=00 P.M.
Bill Gazaka, 908 South State College Boulevard.
He is representing his parents who bought their home in 1956. They
are opposed. Parking is a problem now with people who utilize the
park on weekends and park all over the residential streets.
Don Phillips, 912 South State College Boulevard.
If parking is removed, he asked where they are expected to park.
Josephine Montoya, 866 South State College Boulevard.
She also asked where the residents would park. The alleys are
unsafe. It is difficult to live where travel lanes come up to their
curb. There are a number of elderly disabled people in their
neighborhood. The safety of the children is a concern. If parking is
eliminated, there will be insufficient parking for those using Boysen
Park.
Bill Blodgett, insurance business at 220 North State College
Boulevard. He has had a business at that location for twenty years.
When it was developed from residential to an office, in order to be
able to do so, the Planning Department counted parking in front of the
office. If it is taken away, he does not know where his customers
will park. Traffic is heavy on State College for about one hour at
the most. It will not hurt to let it backup for that time. There is
a long signal at La Palma and State College in both directions which
causes traffic to back up. If it were faster, more cars could get
through.
Ben Little, (partner with Mr. Blodgett) 220 North State College
Boulevard. They service approximately 7,000 policy holders. Some are
Council Members. If parking is removed it would create tremendous'
havoc.
Chris Murray, business owner, 216 North State College Boulevard.
His business would be impacted. The problem is not with the amount of
traffic; the main impact is that it is difficult to get onto the
91 Freeway from State College. He questioned the point of having more
traffic traveling north on State College if that traffic cannot get
onto the 91 Freeway. He just drove down State College to Ball Road at
5:00 p.m. and observed a tremendous amount of parking outside
residential areas and at the park. Ail of the off-street parking was
taken as well. He asked if more funds were being put aside to add
more parking to the park.
Jessica Montoya. State College is busy for i 1/2 hours in the
mornings and i 1/2 hours in the evening. During the rest of the day,
it is relatively quite. There are already speeders. By adding more
lanes it would make it a freeway. If there is no place to park in
front or in the park she questioned where residents will park. They
need their parking.
Fran Ratkowski. Having lived in the area for eleven years, one of the
best things he has seen happen is the implementation and installation
279
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
of new traffic signals which allow left hand turns from both major
thoroughfare streets and side streets. He would like to see the other
signal-lighted areas get upgraded and synchronized in order to move
traffic faster.
PUBLIC DISCUSSION IN FAVOR:
Lloyd Lowry. He is an ex-police officer. As time goes by, cities
grow and progress goes on. When there is progress, even though it may
be difficult, it is necessary to give up a few things. In his
opinion, safety wise and for the benefit of the people traveling to
and from the stadium and to Cal State Fullerton, he favors three lanes
in each direction on State College Boulevard with all parking removed.
Mayor Hunter closed the public hearing.
Council Member Ehrle. There is no question that the time will come when
parking will have to be eliminated on State College Boulevard, but he does not
believe it is today. There was good input from the citizens pointing out some
of the problems, especially the problem of not being able to get onto the
91 Freeway. Further, there needs to be a joint effort with other cities if
widening is to work. If more lanes are created and those lanes are narrowed to
two in other cities, it will create a problem. He is also concerned with
hurting the small businesses on State College. It may be that in the future
parking will have to be restricted during peak hours. He is opposed to
introducing the ordinance at this time.
Council Member Daly. He asked Mr. Lower the status of traffic signals
synchronization along State College Boulevard.
John Lower. Some signals are already synchronized. They will become better
synchronized with the State Traffic System Management Grant, which funds the
City will be receiving by May of 1992. The focus is the State College-57
corridor. It will increase the traffic carrying capacity per hour per lane.
He also explained for Council Member Daly the time table for the widening of
the 91 Freeway, a Measure M project.
ORDINANCE NO. (INTRODUCTION): Amending Section 14.32.190 of Chapter
14.32 of Title 14 of the Anaheim Municipal Code to prohibit parking on State
College Boulevard.
MOTION: Council Member Ehrle moved that the proposed ordinance not be
introduced. Council Member Hunter seconded the motion. MOTION CARRIED.
D4. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3392 AND NEGATIVE DECLARATION:
OWNER: DAVID CHAVEZ, 4420 E. La Palma Ave., Anaheim, CA 92807
AGENT: PAC TEL, Attn: Ernie Courter, POST OFFICE BOX 19707, Irvine,
CA 92713-9707
LOCATION/REQUEST: The property is located at 4420 East La Palma
Avenue and is approximately 1.8 acres located on the south side of
La Palma Ave. and approximately 300 feet west of the centerline of
Lakeview Ave.
280
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
The request is to permit a cellular telephone facility with a 60-foot
tower in an existing RV storage park with waivers of max. height,
minimum side yard and minimum rear yard.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3392 GRANTED (PC91-35) (5 yes votes, 2 absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
HEARING SET
A review of the Planning Commission's decision was requested by Council Members
Pickler and Ehrle at the meeting of April 2, 1991 and public hearing scheduled
this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 25, 1991
Mailing to property owners within 300 feet - April 24, 1991
Posting of property April 26, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 11, 1991.
APPLICANT'S
STATEMENT:
John Bitterly, representative of Pac Tel. Three variances have
been requested, the only reason being that this piece of property
is an anomaly within the industrial area. It is not zoned ML but
the surrounding property is. It is R-S-A-43,000. It has been
left this way through another CUP that allows the current owner
to still reside on the property and to run his RV storage. If
the property was zoned ML, they would not need any of the three
variances. The reason they selected the area, it is industrial
and ideal from a technical point of view in terms of a
communications corridor. It is a prime spot for them.
Council Member Ehrle. His concern in asking that the matter be set was not
knowing the distance of the proposed tower from La Palma. According to the
map, it looks like it is a little over 400 feet which eases his mind. The
Council has also been provided a survey of other towers granted in the City.
The proposed tower is considerably less in height than most towers. His
concerns have been alleviated relative to intrusion and in comparing it with
other towers already approved.
Mr. Bitterly also confirmed that the proposed tower is 65-feet and not 60-feet
as indicated..
Mayor Hunter opened the public hearing and asked if anyone wished to speak
either in favor or in opposition; there being no response he closed the public
hearing.
Annika Santalahti, Zoning Administrator. She explained for Council Member Daly
that the list provided the Council is not a list of all the towers but all
~hose with CUP or Variances to allow the height. There are a number around
281
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
within the structural height limitation of the underlying zoning. The posted
map gives three other locations in the Canyon Industrial area, two of which
have heights permitted by code, which in an industrial area is allowed to go to
100-feet. Immediately to the west of the subject property is one 65-feet by
right because it is industrially zoned and one on the northwest corner'of
White Star and La Palma which is 50-feet and then a CUP for 150-feet at the
northerly end of Red Gum. She does not know about the tower for cable
television. The commercial areas and Canyon Industrial area are the areas
where the height is high enough to allow something over 35-feet. The
commercial ones the Commission has seen as zoning actions are because they are
located close enough to residential areas which have further limitations. She
knows of locations outside the industrial area that would have some towers by
right if they are low enough. The school district has one on Crescent.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Pickler, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect On the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-134)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-134 for adoption, granting
Conditional Use Permit No. 3392 subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 91R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3392.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-134 duly passed and adopted.
D5. 179: PUBLIC REARING - VARIANCE NO. 4111 AND NEGATIVE DECLARATION:
OWNER: NUTWOOD PARK APARTMENTS, A CALIFORNIA LTD. PARTNERSHIP, Costa
Mesa, CA 92626
AGENT: DON SCHALK c/o The PRS Group, 27132 B Paseo Espada, Ste. 1222,
San Juan Capistrano, CA 92675
LOCATION/REQUEST: The property is located at 1668 South Nutwood
Street and is approximately 1.0 acre located on the east side of
Nutwood Street and approximately 325 feet north of the centerline of
Tamara Lane.
282
CitV Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
The request is for a waiver of minimum structural setback, minimum
number of parking spaces and minimum floor area per dwelling unit to
retain two illegally constructed apartment units.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4111 DENIED (PC91-37) (5 yes votes, 2 absent).
Approved Negative Declaration.
HEARING SET ON:
A letter of appeal submitted by the Agent, Don Schalk of the PRS Group and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 25, 1991
Mailing to property owners within 300 feet - April 24, 1991
Posting of property April 26, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 11, 1991
APPLICANT'S
STATEMENT:
Phil Schwartze, President, The PRS Group representing Nutwood
Apartments. He referred to copy of letter dated May 1, 1991 from
PRS which is self-explanatory (made a part of the record). Don
Schalk is present to give a brief presentation.
Don Schalk, PRS Group representing Nutwood Apartments. The
apartment complex was built in 1985 under a code that allowed
30-units per acre. The facility was built originally as
26-units. Amendments in 1985 by the developer and owner made it
28-units. The current owners purchased the building and complex
in 1986 as a 30-unit complex. It was operated as a 30-unit
complex since that time. They were not aware there was a major
problem until Code Enforcement six years later notified them of
the problem involving units number twenty-nine and thirty. There
are specific and unusual circumstances applicable to the
property. The current owners are not the ones who constructed
the two additional units without a permit. They are willing to
bring those units to code. As indicated in the staff report,
they are willing to dedicate the next two units to the Affordable
Housing Program. The two additional units are presently existing
and have been for almost six years. There is no way to provide
additional parking due to the configuration andmaximum use of
.the space available. The minimum structural setback indicates
9-feet required with 5-feet existing. The setback variance is
necessitated by the fact that the applicant is proposing two
enlarged windows which will encroach approximately 4-feet into
the existing setback.
Relative to parking, they did a parking study to provide evidence
that there is no parking problem. (See results of the parking
study attached to the letter of May 1, 1991.) The study
283
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
indicated parking is adequate. Twenty to twenty-five percent of
the spaces are under utilized. He made an independent
observation over a period of a week each evening including Sunday
and found that at all times there were over twenty spaces
unoccupied. A survey of the existing tenants indicates there are
only forty-five vehicles and everyone reported there was always
adequate parking and were satisfied with the amount of storage
available in the complex. The two additional apartments tend to
be two of the most popular in the complex because of the privacy,
the proximity to parking and the laundry areas. They have been
occupied for the entire six years and are occupied at this time.
They do not believe the requested variances will in any way be
detrimental to the public welfare or injurious to the property or
improvements in the facility. He then showed slides of the
complex as well as the two added units.
Annika Santalahti, Zoning Administrator. Answering Council
Member Pickler, she explained that when the plans were originally
submitted to plan check, they did not show the two extra units.
She is assuming that the two units were not there when the
inspector made the final inspection.
Bruce Freeman, Code Enforcement. On October 10, 1990, the
Building Department issued a certificate of occupancy for
28-units. The Business License renewed on a yearly basis is also
for 28-units. The two additional units were apparently built
after the 28-units. They are subterranean units and are below
the level of the rest of the units. He confirmed Mr. Schalk's
statement that there are other apartments on that same level.
Don Schalk. Ne reiterated the apartments have been existing and
the owners bought them as existing. They have maintained the
complex and have provided quality service to the tenants. They
feel the dedication of the next two available units to the
Affordable Housing Program will allow them to retain the rights
of the tenants who have lived there and it would enable them to
increase the number of units available to the City's Affordable
Housing Program. He is asking the Council's approval.
Mayor Hunter opened the public hearing and asked to hear from those who wished
to speak.
PUBLIC DISCUSSION IN OPPOSITION:
.Robert Kelly, 1705 Heritage Circle, president of the Heritage
Village Homeowner's Association, the 97-unit townhouse complex
located on the north and east sides of the subject property. The
Board of Directors request that the City Council deny the
proposed variance. There are no special circumstances which
would apply to the property which would justify granting of the
variance. Their problems relate to parking. There have been
occasions when some of the homeowners have noticed that people
284
City Hall~ Anaheim, California - COUNCIL MINUTES - May 7r 1991~ 5:00 P.M.
will park in Heritage Village and subsequently walk around into
the apartment complex. They are using the homeowner's private
parking areas for their guests. Occasionally they have problems
with parking on Nutwood. 'If people with vans or pickups park in
front of those units, it is difficult to see traffic coming north
on Nutwood as they leave Heritage Circle.
PUBLIC DISCUSSION IN FAVOR: None
Mayor Hunter asked if the units were up to code.
Annika Santalahti,' Zoning Administrator. The owner has not asked for an
inspection. If Council approves the variance, one of the recommendations is
that they obtain the necessary building permits and that they be finalized.
They will have to pay double the fees because the units were constructed
without approval, the second amount being the penalty. They will be required
to pay all the fees associated with new construction.
SUMMATION BY
APPLICANT:
Don Schalk. He understands Mr. Kelly's position. There is a
problem with some street parking; however, as indicated in the
documentation provided, every time on every day that he observed,
he found that there were over twenty open spaces available in the
apartment complex. Further, he found anywhere from seven to nine
illegally parked automobiles on the street on Heritage Circle.
It seems unlikely that someone would park three blocks away and
walk all the way around to the Nutwood Park Apartments when there
are twenty open spaces available. Relative to parking on
Nutwood, it is a legal parking area and if there is sufficient
reason to make a change, the owners would be receptive if the
City would want to red line the area, that would be acceptable.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Council Member Pickler questioned the statement made in the May 1st letter that
the next two unite would be dedicated to the City's Affordable Housing
Program. He asked if there were two units available now.
Don Schalk. The suggestion of the next available units was made by the
Redevelopment Agency. He believes there are two units that had just become
available and a couple that will become available in the next month. His
understanding is that the City would like to have that rotating. If they were
tO dedicate two units specifically by number and if those tenants do not
qualify under the income provisions, at that point, rather than displacing
them, the next two units that become available would fall under the program.
Annika Santalahti, Zoning Administrator. The standard condition does require
that they enter into an agreement with the Community Development Department.
Mr. Schalk is referring to procedures they have within that department. If
Council approves, that condition would be added so that they would reach
agreement within the next ninety days and also a provision for the timing of
the next available units to be the affordable ones.
285
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991~ 5:00 P.M.
Council Member Pickler. He wants to get those affordable units as quickly as
possible, not in ninety days.
Annika Santalahti. If approved, they still have to obtain the appropriate
building permits and make any corrections. Ninety days is generous, but
legitimate.
Council Member Daly. He going to vote against the variance. The Planning
Commission voted unanimously to deny the request. The Council has denied
previous applications for similar waivers. He feels that an illegally built
unit is a serious matter. There are legal avenues available. It was not
discovered when the property was purchased. He is not sure the Council is in
the business of rectifying such mistakes. It is a real serious matter and it
was only six years ago. They have to hold owners to existing standards and
back up the Planning Commission.
Council Member Pickler. He does not believe the Planning Commission knew of
the offer regarding the affordable units which has turned him around on the
issue. The two units fit in, and the entire project is well maintained.
Affordable units are needed in the City and will be a benefit.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member Hunter, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (91R-135)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-135 for adoption, granting
Variance No. 4111 subject to interdepartmental recommendations as well as
additional conditions and stipulations regarding submittal of plans to the
Building Division on the two additional units, a condition relative to setting
two units aside for the City's Affordable Housing Program, that appropriate
fees be paid on the two units and any additional requirements related thereto.
Refer to Resolution Book.
RESOLUTION NO. 91R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4111.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Pickler, Ehrle and Hunter
Daly
None
286
City Hall, Anaheim, California - COUNCIL MINUTES - May 7, 1991, 5:00 P.M.
The Mayor declared Resolution No. 91R-135 duly passed and adopted.
ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member Ehrle
seconded the motion. MOTION CARRIED. (7: 55 p.m. )
LEONORA N. SOHL, CITY CLERK
287