1991/08/20City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 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, Ehlre and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY MANAGER: Jim Az-mstrong
ZONING ADMINISTRATOR: Annika Santalahti
PROPERTY SERVICE MANAGER: Robert Zur Schmiede
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:15 p.m. on August 16, 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. To meet with the City's negotiator concerning the purchase, sale,
exchange or lease of certain real property by the City and give
instructions to the City's negotiator regarding the price and terms
therefor relating to property owned by the Disney Company and located
at or adjacent to 1313 S. Harbor Boulevard, Anaheim, California.
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. (5:00 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
INVOCATION:
invocation.
Pastor Jarrell Garsee, Anaheim First Nazarene, gave the
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Fill the Boot day in Anaheim, August 24, 1991
Recognizing the owners of eight McDonald's Restaurants,
and the McDonald's Association and the California Angels
for their water conservation kit distribution
Gary Martin, Scott Roberts, Bob Moore and Chief Jeff Bowman accepted the Fill
the Boot proclamation; Tom Seeburg accepted the California Angel's
proclamation; Gene and Patti Widdicombe, James, Scott and Sharon Frisbie,
Donald and Enid Dunkleman and Tom Mayr, representing Alice Bourgeau, accepted
the McDonald's Restaurant proclamations.
119: PRESENTATION - MUSCULAR DYSTROPHY ASSOCIATION - TO ANAHEIM FIRE
DEPARTMENT: Joan Rovegno of the Muscular Dystrophy Association, presented a
Certificate of Appreciation to the Anaheim Fire Department.
119: PRESENTATION - WATER-WISE PUBLIC/PRIVATE PARTNERSHIP: Bruce J. McGhee,
Coordinator of the Water-Wise Public/Private Partnership, presented a
Certificate to the City Council and Public Utilities General Manager for the
City's Water Conservation Education programs.
119: DECLARATION OF WELCOME: A Declaration of Welcome was unanimously adopted
by the City Council and presented to Brian DeWyngaert of the American
Federation of Government Employees National Convention, August 23-30, 1991.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council and presented to Robert B. Rosenberg,
Vice-President, Complete Medical Care Group, recognizing physicians and staff
of complete medical care for unique and special care to Senior Citizens of
Anaheim and Orange County.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council honoring James and Linda Darden, Andrea Mathews and
Jennie Saltiel for their outstanding foster families.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:32 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:34 p.m.)
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,300,454.76 for the week
ending August 16, 1991, in accordance with the 1991-92 Budget, were approved.
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City Hall, Anaheim. California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Hunter, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Hunter offered Resolution Nos. 91R-253 through 91R-258, both inclusive, for
adoption and Ordinance Nos. 5250 and 5251 for introduction. Refer to
Resolution Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The title of the following
resolutions and ordinances were read by the City Manager. (Resolution
Nos. 91R-253 through 91R-258, both inclusive; Ordinance Nos. 5250 and 5251 for
introduction.)
Council Member Hunter moved to waive the reading in full of the resolutions and
ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED.
Al. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Thomas Scott Dixon for bodily injury sustained
purportedly due to actions of the City on or about March 11, 1991.
b. Claim submitted by Marie S. Burnside for bodily injury sustained
purportedly due to actions of the City on or about May 16, 1991.
c. Claim submitted by Jeanette E. Moses for bodily injury sustained
purportedly due to actions of the City on or about July 4, 1991.
d. Claim submitted by Thomas G. Job for property damage sustained
purportedly due to actions of the City on or about July 23, 1991.
e. Claim submitted by Thaddeus C. Hahn for property damage sustained
purportedly due to actions of the City on or about July 12, 1991.
f. Claim submitted by Don and Olga Gomez for property damage sustained
purportedly due to actions of the City on or about March 15, 1991.
g. Claim submitted by Connie G. Ruelaz for bodily injury sustained
purportedly due to actions of the City on or about June 18, 1991.
h. Claim submitted by Ana Joan Allen for bodily injury sustained
purportedly due to actions of the City on or about January 27, 1991.
i. Claim submitted by Doris T. Federico for property damage sustained
purportedly due to actions of the City on or about March 12, 1991.
A2. 105: Receiving and filing minutes of the Public Utilities Board meeting
held July 18, 1991.
156: Receiving and filing the Anaheim Police Department Crime and Clearance
Analysis for the month of July, 1991.
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City Hall~ Anaheim. California - COUNCIL MINUTES - AUGUST 20~ 1991f 5:00 P.M.
A3 158= RESOLUTION NO. 91R-253: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF CERTAIN
PROPERTY AND/OR FACILITIES (Tract Map No. 12854 - Morgan Development at
Lakeview and Santa Aha Canyon).
A4. 1585 RESOLUTION NO. 91R-2545 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF CERTAIN
PROPERTY AND/OR FACILITIES (Tract Map No. 13745 - Andrew Development at
Deerwood Drive).
A5. 170: Approving the Final Map of Tract No. 14190 and the Subdivision
Agreement with Baldwin Building Contractors, Ltd., and authorizing the Mayor
and the City Clerk to execute same. Tract No. 14190 is located at Quiet
canyon court, southwest of Weir Canyon Road and oak Canyon Drive, and is filed
in conjunction with Specific Plan No. 88-2.
A6. 000: RESOLUTION NO. 91R-2555 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC
WORKS-ENGINEERING DEPARTMENT OF THE CITY OF ANAHEIM FOR TRAFFIC ENGINEERING
DIVISION REVIEW.
(Council Member Ehrle voted no.)
A7. ~705 0~D~NANCE P0- 5250 - INTRODUCTION5 AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 17.06.150 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO REPAIR OF EXISTING EXCAVATION OR FILL WHICH CONSTITUTES A MENACE.
A8. 1585 Authorizing the payment of $27,500 to the owner, Alice M.
Briesaker, pursuant to agreement on file, for the cost of replacing the yard
light standards and barricade posts located at 823 North Anaheim Boulevard -
North Anaheim Boulevard Street Widening Project (R/W 3500-57).
A9. 169: RESOLUTION NO. 91R-256: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY'S
STRATEGIC PLAN TO EXPEND MEASURE 'M· FUNDS FOR FULL RIGHT OF WAY ACQUISITION
FOR WIDENING OF THE INTERSTATE 5 FREEWAY BETWEEN STATE ROUTES 22 AND 91 AND TO
ACCELERATE ACQUISITION OF CERTAIN PARCELS LOCATED WITHIN CITY BOUNDARIES.
Al0. 1505 Increasing revenue and expenditure appropriations in the General
Revenue Sharing Fund, account $24-854-7103, by $29,032; and awarding the
contract to the lowest and best responsible bidder, Modtech, Inc., in the
amount of $136,666 for the installation of a childcare modular building at
Benjamin Franklin Elementary School; and in the event said low bidder fails to
comply with the terms of the award, awarding the contract to the second low
bidder, as well as waiving any irregularities in the bids of both the iow and
second low bidders.
All. 106~ Approving certain adjustments to the Public Works-Engineering
Department's FY 1991/92 Capital Improvement Budget.
A12. 1015 Approving Contract Order No. 2, in favor of Clayton Engineering,
Inc., in the amount of $13,979.01 for Anaheim Arena Phase II; relocation of
566
City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
the Phoenix Club Beer Garden, Shooting & Archery Ranges and Green Belt Area.
(Council Member Pickler voted no.)
A13. 160: Waiving the advertising requirements of Council Policy 306 and
authorizing the Purchasing Agent to issue a purchase order to Roto Injection
Products, in an amount not to exceed $300,000 for approximately 4,000
automated solid waste collection barrels.
A14. 123: Approving a First Amendment to Agreement with Bechtel Construction
Company to provide additional services required to complete all items required
for project closeout (Turbine Peaking Plant Project), at an additional cost
not to exceed $30,000 and authorizing the Public Utilities General Manager to
execute said amended agreement.
A15. 113: RESOLUTION NO. 91R-257: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
100 DAYS OLD. (Utilities Control Center Voice Recording Tapes $135 through
$225.)
A16. 113: RESOLUTION NO. 91R-258: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (City Manager Records.)
A17. 123: Waiving Council Policy No. 401 and approving an Agreement with
Marc Pally for professional Artistic Services for the Anaheim Arena project,
and authorizing the Mayor to execute said agreement.
(Council Member Pickler voted no.)
A18. 123: Approving a Second Amendment to Agreement with Cycom Data Systems,
Inc., for computer support services (case tracking systems for City Attorney's
Office and Code Enforcement Division), and authorizing the City Attorney and
the Code Enforcement Manager to sign said agreement on behalf of the City.
Al9. 123: Approving Agreement No. D89-156 with Brookhollow Apartments
(Anaheim) Associates and the Orange County Flood Control District to allow for
improvements to be constructed to the Carbon Creek Channel within the
BrookhollowApartment project site.
A20. 171~ ORDINANCE NO. 5251 - (INTRODUCTION)~ AH ORDINANCE OF THE CITY OF
ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR
1991/92.
Roll Call Vote:
AYES:
NOES:
ABSENTs
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution Nos. 91R-253 through 91R-258 duly passed and
adopted.
567
City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
End of Consent Calendar. MOTIONS CARRIED.
A21. 105: COMMUNITY SERVICES BOARD RESIGNATION: On motion by Council Member
Daly, seconded by Council Member Pickler, resignation of Mike Rizzo, term
expiring June 30, 1994, was accepted with regret and the City Clerk was
authorized to post a notice of unscheduled vacancy. MOTION CARRIED.
A22. 105: ORANGE COUNTY SENIOR CITIZENS ADVISORY COUNCIL APPOINTMENT: On
motion by Council Member Pickler, seconded by Council Member Ehrle, Mrs. Betty
L. Sanford was reappointed for a two-year term beginning January 1, 1992
through December 31, 1993, to represent Anaheim on the Senior Citizens Advisory
Council of Orange County. MOTION CARRIED.
MOTION: Council Member Hunter moved that Item C3 be taken up out of order at
this time, inasmuch as twenty-eight persons had already indicated their intent
to address the Council concerning the establishment of a Utility User's Tax.
Council Member Ehrle seconded the motion. MOTION CARRIED. (5=40 p.m.)
ITEMS OF PUBLIC INTERESTS: The following individuals addressed the City
Council concerning the proposed adoption of a Utility User's Tax=
PUBLIC OPPOSITION TO THE TAX AND TO ANY REDUCTION IN CITY SERVICES AND
PERSONNEL:
Andrea Brown, Dr. William Kott, Rocki Schmidt, Frank McCormick, Sharon
Myers and Phil Knypstra.
PUBLIC IN FAVOR OF A TAX:
Ron Bengochea, Dan Mountford, Carolyn Walters and Tim Hainline.
BUSINESS PEOPLE IN OPPOSITION TO THE TAX:
Dick Clark, Rockwell International; Dennis Hardin, Hardin
Oldsmobile/Hardin Honda; Deans Fennell, Erickson Business
Communications; Bob Sackett.
ORGANIZATIONS IN OPPOSITION TO THE TAX:
Amin David, Anaheim ACT; Lloyd L. Lowry, AARP Chapter 1912; Jim
Townsend, Telephone Taxpayers' Committee; Curtis Stricker, Anaheim
H.O.M.E; George MacLaren, Anaheim Senior Citizens' Club; and Mike
Valenti, ACT.
CITY EMPLOYEES IN OPPOSITION TO ~EDUCTION IN SERVICES A/~D PERSONNEL, AND IN
FAVOR OF REINSTITUTING THE CORPORATE CHALLENGE:
Melanie Adams, Sandy Johnson and Cathy Greathouse.
OTHERS IN FAVOR OF THE CORPORATE CHALLENGE=
Jean Ang and Sue Slayton, both of Kwikset Locks, offering another
$1,000 donation; and Michael Awrey.
Joan Cohen, representing Child Care and Development Council of Orange County.
She is advising that thousands of children in Anaheim are in need of the
services provided by her organization and many of them are referred to her by
one City employee, the Community Services Coordinator for child care. She
requested that this position be retained by the City.
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
Mr. Dan Van Dorpe. He spoke in opposition to the proposed tax which he feels
is unnecessary and would hurt lower and middle income citizens. He had
reviewed the City's Resource Allocation Plan, noting that the Budget was $576
million for the last fiscal year, while this year's amount is $708 million, an
increase of $132 million. He felt the public is getting misinformation and
cited an example of an article in the Los Angeles Times which stated Anaheim
has fewer police officers than any other City in the County. He asked that the
City Council find a way to balance the Budget without cutting programs.
City Manager James D. Ruth. He summarized considerations which are being given
during the process of planning for meeting the budget shortfall, and the
downsizing of management is being addressed, while continuing to consider City
Council priorities. One hundred and twenty-six (126) additional personnel
positions have been added over recent years, however, one hundred and six (106)
of them were off-set by revenue. He briefly reviewed various funds included in
the budget and noted attempts to be responsible to the shortfall and keep costs
down.
0~DINANCE NO. - .......
: Establishing a Utility User's Tax of 2 3/4%.
Council Member Simpson offered an ordinance imposing a Utility User's Tax of
2 3/4%.
MOTION: Simpson moved to waive reading in full of said ordinance. Council
Member Hunter seconded the motion.
During the discussion which followed Council Member Daly expressed the opinion
that a Utilities User's Tax was unnecessary and that City Staff had not taken
all possible steps to balance the budget without a tax. He further felt that
it is wrong to suggest that human services should be cut. The City is a large
operation and is not immune to very tight times when most industries are
impacted by the recession.
Council Member Hunter stated that the average household would be paying $3.00 a
month as the ordinance is written, and the tax would be removed in two years.
Residents with an income of $20,000 or less would be exempted from the tax.
Meanwhile, staff could investigate additional avenues for potential savings.
The ordinance failed to carry be the following votes
AYESs Simpson, Hunter
NOES= Ehrle, Pickler, Daly
Cl. 171. ORDINANCE NO. $249 FOR ADOPTIONs
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5249)
Council Member Hunter moved to waive the reading in full of the ordinances.
Council Member Daly seconded the motion. MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5249 for adoption, establishing a
Utility User's Tax of 2%. Refer to Ordinance Book.
569
City Hallm Anaheim~ California - COUNCIL MINUTES - AUGUST 20f 1991m 5:00 P.M.
ORDINANCE NO. 5249: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 2.13 TO
TITLE 2 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A UTILITY USER'S TAX AND
PROVIDING FOR THE AUTOMATIC REPEAL THEREOF.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Pickler and Hunter
Daly and Ehrle
None
The Mayor declared Ordinance No. 5249 duly passed and adopted.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-259)
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-259 for adoption, establishing
a class of persons exempt from the Utilities Tax. Refer to Resolution Book.
RESOLUTION NO. 91R-259: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A CLASS OF PERSONS EXEMPT FROM THE UTILITY USER'S TAX SET
FORTH IN CHAPTER 2.13 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE.
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-259 duly passed and adopted.
RECESS: By general consent, the City Council recessed at 7:10 p.m.
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (7:35 p.m.)
DISCUSSION - PROPOSED BUDGET CUTS= Council Member Daly requested that, prior
to any additional budget cuts, a new staff report be submitted to the City
Council, re-examining priorities and calculating the revised effects on the
shortfall in light of the 2% Utility User's Tax just adopted.
Additional discussion ensued and Council Member Simpson pointed out that one
item previously discussed was to amend the City Charter to allow a greater
transfer of funds from the Utility's budget into the General Fund.
MOTION: Council Member Daly expressed the opinion that the majority of
citizens do not support a new tax, and he moved that the issue of the Utility's
tax be placed on the ballot for the next general election in the City. Council
Member Ehrle seconded the motion.
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
Council Member Pickler noted that in the California Primary Elections, the
turnout averages approximately 20% of the registered voters, while in a
presidential election such as November, 1992 would bring out 45 to 50%.
City Manager James D. Ruth. Relative to the impact of "A" and "B" cuts, he
reported that seven employees had taken early retirement to date. With a 2%
tax as adopted, not only the projected "A' and "B" cuts would be affected but
some of the "C" cuts as well. One hundred and fifteen (115) employees were
affected by the "A" and 'B" cuts. Staff will re-examine priorities as
directed, and work with employee organizations; a revised C list will be
furnished to the City Council.
Council Member Hunter. He reiterated his support for a 4% Utility User's Tax
and again stressed the need for the hiring of more Police personnel.
Council Member Daly cited Police Budget statistics which he felt indicated
increased work hours in the Police Department.
The motion to place the tax issue on the next general election ballot carried.
(All Ayes)
ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF JULY 29, 1991,
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 20, 1991:
B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3414 AND
NEGATIVE DECLARATION:
OWNER: University Cinema, A California Limited Partnership, 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.
To permit the expansion of a multi-screen indoor theatre complex and
to construct a 29-foot high parking structure (160 spaces) with waiver
of minimum number of parking spaces, prohibited roof mounted equipment
and minimum landscaped setback adjacent to railroad right-of-way.
ACTION TAKEN ~Y THE PLANNING COMMISSION:
CUP NO. 3414 GRANTED (PC91-110) (6 yes votes, 1 absent).
waiver of code requirement GRANTED.
Approved Negative Declaration.
B2.
179: WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3427:
OWNERs THE INTERNATIONAL SALVATION CHURCH, 6435 Roland Street, Buena
Park, CA 90621
AGENT: JOSEPH E. PLEMONS, 627 "B" Irvine Ave.,Newport Beach, CA
92663.
LOCATION: 724 North Topeka Street. Property is approximately 0.12
acre located approximately 330 feet north of the centerline of
Wilhelmina Street.
To permit the construction of a 1225 square foot single-family
residence and to establish a 756 square foot 'granny unit" with waiver
of maximum number of bedrooms and open space requirements and minimum
side yard.
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3425 GRANTED, IN PART, (PC91-111) waivers deleted (6 yes
votes, 1 absent).
Waivers of code requirement deleted.
B3. 179: RECLASSIFICATION NO. 90-91-30, TENTATIVE PARCEL MAP NO. 91-169, AND
NEGATIVE DECLARATION:
OWNER: ROLAND COVEY, 16872 Bolsa Chica St., Ste. $105, Huntington
Beach, CA 92649.
LOCATION: 711 East Sycamore Street. Property is approximately 2.79
acres located on the north side of Sycamore Street and approximately
158 feet east of the centerllne of Pauline Street.
For a change in zone from RS-A-43,000 to ML. TENTATIVE PARCEL MAP NO.
91-169 is to establish a 2-lot industrial subdivision.
ACTION TAKEN By THE PLANNING COMMISSION:
Reclassification No. 90-91-30 GRANTED (PC91-112) (6 yes votes, 1
absent).
Approved Negative Declaration.
Tentative Parcel Map APPROVED.
NOTE: At the meeting of August 6, 1991, the City Council took no
action on Tentative Parcel Map No. 91-169 (Item B10).
B4. 179: RECLASSIFICATION NO. 90-91-31, CONDITIONAL USE PERMIT NO. 3436 AND
NEGATIVE DECLARATION:
OWNER= BEACH INVESTMENT, 16742 Bolero Lane, Huntington Beach, CA
92649.
AGENT: JOHN SWINT, 707 W. North St., Anaheim, CA 92805-1735.
LOCATION: 736 South Beach Blvd. Property is described as follows:
Parcel i - is approximately 0.48 acre located at the southeast corner
of Stonybrook Drive and Beach Boulevard. 2966 Stonybrook Dr.
Parcel 2 - is approximately 0.16 acre located on the south side of
Stonybrook Drive and approximately 275 feet east of the centerline of
Beach Boulevard.
To reclassify Parcel 1 from the RS-A-43,000 (Residential,
Agricultural) zone to the CL (Commercial, Limited) zone and Parcel 2
from the RM-1200 (Residential, Multiple-Family) zone to the CL
(Commercial, Limited) zone.
To construct a 4-story, 61-unit motel (including a manager's unit).
ACTION T/%/fEN BY THE PI2%NNING COMMISSIONs
Reclassification No. 90-91-31 GRANTED (PC91-113) (6 yes votes, 1
absent).
CUP NO. 3436 GRANTED (PC91-114) (6 yes votes, i absent).
Approved Negative Declaration.
B5. 179:
R~CLASSIFICATION NO. 91-92-02, WAIVER OF CODE REOUIREMENT
CONDITIONAL USE PERMIT NO. 3439, AND NEGATIVE DECLARATION=
OWNER~ STEVE METTLER, 1333 S. Claudina St., Anaheim, CA 92805.
LOCATION= 1410 South Anaheim Blvd. Property is approximately 1.2
acres located at the southeast corner of Anaheim Boulevard and Palais
Road.
For a change in zone from from ML to CL.
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
To permit on-premise sale and consumption of beer and wine in a
proposed pool hall with waiver of landscaping of required yards.
ACTION TAKEN BY THE PLANNING COMMISSION=
Reclassification No. 91-92-02 GRANTED (PC91-115) (5 yes votes, I no
vote, and 1 absent).
CUP NO. 3439 GRANTED, for one year (PC91-116).
Waiver of code requirement GRANTED.
Approved Negative Declaration.
B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3435 AND
NEGATIVE DECLARATION:
OWNER~ AIRPORT SERVICES, INC., 120 S. Central Ave., St. Louis, MO
63105
AGENT: THE PRS GROUP, 27132-B Paseo Espada, Ste. $1222, San Juan
Capistrano, CA 92675.
LOCATION: 851 E. Cerritos Ave. Property is approximately 2.9 acres
located at the northwest corner of Cerritos Avenue and Lewis Street.
To permit new and used truck sales lot and repair facility with
waivers of required dedication and improvements and required setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3435 GRARTED (PC91-117) subject to certain conditions (6 yes
votes, 1 absent).
Waiver of code requirement GRANTED.
Approved Negative Declaration
B7. 179:
¢0NDITIONAL USE PERMIT NO. 3437 AND NEGATIVE DECLARATION:
OWNER: HOROWITZ BROTHERS 1975 TRUST, 117 West Fourth St., Santa Ana,
CA 92701.
LOCATION: 4155 E. La Palma Ave. Property is approximately 3.4 acres
located on the west side of Richfield Road and approximately 570 feet
north of the centerline of La Palma Avenue.
To permit an industrially-related office use.
ACTION TAKEN BY THE PLANNING COMMISSION~
CUP NO. 3437 GRANTED (PC91-118) (6 yes votes, 1 absent).
Approved Negative Declaration
BB. 170: TENTATIV~ PARCEL MAP NO. 91-227, WAIVER OF CODE REOUIREMENT,
CONDITIONAL USE PERMIT NO. 3440. WAIVER OF COUNCIL POLICY NO. 542/543 AND
NEGATIVE DECLARATION:
OWNER~ CENTRALIA SCHOOL DISTRICTw 6625 La Palma Ave., Buena Park, CA
90620.
LO~ATION~ 3301 W. Lincoln. Property is approximately 3.1 acres
located on the north side of Lincoln Avenue, approximately 530 feet
west of the centerline of Western Avenue.
To construct a 135-unit 'affordable' senior citizen's apartment
complex with waivers of maximum fence height, required setbacks,
permitted signs and minimum site area per dwelling unit.
Petitioner requests waiver of Council Policy No. 542 pertaining to
sound attenuation of residential structures adjacent to major arterial
highways, and No. 543 pertaining to density bonuses.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3440 GRANTED (PC91-119) (4 yes votes, 2 no votes, and 1
absent).
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
Waiver of code requirement APPROVED with two signs limited to a total
of 20 square feet.
Waiver of Council Policy No. 542/543 APPROVED.
Tentative Parcel Map No. 91-227 APPROVED.
Tentative Parcel Map No. 91-227 set for public hearing on motion by Council
Member Pickler, seconded by Council Member Simpson. MOTION CARRIED.
B9.
179: VARIANCE NO. 1175, CATEGORICALLY EXEMPT, CLASS 21:
OWNER: JOHN A. KUNNY, P.O. BOX 34965, Los Angeles, CA 90024.
AGENT: MANUEL D. ALDACO JR., 311 E. Commonwealth, Fullerton, CA
92632.
LOCATION: 900 S. Anaheim Boulevard. Property is approximately 0.24
acre located at the southeast corner of Anaheim Boulevard and Vermont
Avenue.
To consider revocation of Variance No. 1175, to terminate the
restaurant/bar use at subject property.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 1175 REVOKED (PC91-120) (6 yes votes, i absent).
ITEM B10 F~O~ THE ~LANN~NG COMMISSION MEETING OF AUGUST 12, 1991, INFORMATION
ONLY - APPEAL PERIOD ENDS AUGUST 22. 1991:
B10. 170: TENTATIVE TRACT MAP NO. 14406, CONDITIONAL USE PERMIT NO. 3299 AND
NEGATIVE DECLARATION~
OWNER: Q.M.P. PARTNERSHIP, Attn: Massoud Monshizadehi, 1571 W.
Katella Ave., Anaheim, CA 92802.
LOCATION: 1575 West Katella Avenue. Property is approximately 2.21
acres located on the north side of Katella Avenue and approximately
314 feet east of the centerline of Carnelian Street.
Request for an amendment to the conditions of approval pertaining to
recordation of CC&R's (Covenants, Conditions and Restrictions).
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14406 APPROVED.
NOTE: CUP NO. 3299 has a 22-day appeal period and will appear on the
Council Agenda of August 27, 1991, (appeal period to expire
September 3, 1991).
End of the Planning Commission Items.
Bll. 179~ ORDINP~NC~ NQ. 5252 - (INTRODUCTION)~ Amending Title to rezone
property under Reclassification No. 89-90-49, located at 2518, 2520, 2532 and
2540 W. Orange Avenue from the RS-A-43,000 zone to the RS-5000 zone.
Council Member Hunter offered Ordinance No. 5252 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5252: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
,l~d%P REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
B12.
179: REQUEST FOR REHEARING - VARIANCE NO. 3631 AND NEGATIVE DECLARATION:
OWNER: KENSKI PROPERTIES, 3001 Redhill Ave., Bldg. 5, Ste. 201, Costa
Mesa, CA 92626.
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
LOCATION/REQUEST: The property is located at 2405-2415 West Lincoln
Ave. and is approximately 1.1 acres located north and west of the
northwest corner of Lincoln Avenue and Gilbert Street.
The request is for an amendment to the conditions of approval
pertaining to fast-food facilities with waiver of minimum number of
parking spaces to establish an additional 1,056 square feet of fast
food uses.
ACTION TAKEN BY THE PLANNING COMMISSION/CITY COUNCIL:
Variance No. 3631 DENIED (PC91-79) (5 yes votes, I no vote, 1 absent).
Approved Negative Declaration.
Informational item at the meeting of June 25, 1991, Item BB.
Letter of appeal submitted by the owner, Kenski Properties.
At the meeting of July 23, 1991, Item D4, City Council denied Variance
No. 3631.
Annika Santalahti, Zoning Administrator. Reported that the original rezoning
on subject property included the dwelling, and provided for phased development;
at the time the applicants did not intend to provide additional parking.
City Attorney Jack White. Stated that any substantial change to the original
application or project proposed would require a new application in order to
gain the benefit of recommendations by the Interdepartmental Committee and
consideration by the Planning Commission.
On motion by Council Member Hunter, seconded by Council Member Ehrle, request
for rehearing on Variance No. 3631 and Negative Declaration was denied. MOTION
CARRIED.
C2. 106:
BUDGET ADVISORY COMMISSION APPOINTMENTS:
Request by Council Member Daly at the meeting of July 23, 1991, for
the creation of a 10-member Budget Advisory Commission to be advisors
to the City Council on a year-round basis concerning fiscal matters.
Appointments to the Budget Advisory Commission were made by Council
Member Daly (Vaughn) and Council Member Simpson (Clark) at the meeting
of August 6, 1991, Item C2.
At the meeting of August 13, 1991, Item C2, appointments were made by
Council Members Pickler (Douglas Leavenworth) and Ehrle (Tom Tats).
The balance of &p[~ointmente remaining to be made by the City Council to the
Budget Advisory Commission was continued one week to August 27, 1991.
ITEMS OF PUHLIC INTEREST~ Mayor Hunter asked whether anyone washed to address
the City Council under Items of Public Interest, on any subject other than
taxes or the budget; there was no response.
D1. 155: CONTINUED pUBLIC HEARING, ENVIRONMENTAL IMPACT REPORT NO. 305,
WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3423~ TENTATIVE PARCEL
MAP NO. 85-159:
OWNER: City Of Anaheim, C/O Robert ZurSchmiede, 300 S. Harbor Blvd.,
Ste. 900, Anaheim, CA 92805.
575
City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
AGENT: CULBERTON, ADAMS, AND ASSOCIATES, 85 Argonaut, Ste. 220, Aliso
Viejo, CA 92656.
LOCATION/REQUEST: The property is approximately 12.39 acres located
at the northwest corner of Weir Canyon Road and La Palma Avenue.
To permit a Commercial/Retail Center with building heights in excess
of 35 feet, and a service station and a freestanding drive-through
restaurant with waiver of minimum landscaped setbacks, minimum
structural setback, maximum wall height and minimum number of required
parking spaces.
To establish a 5-lot commercial subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3423 GRANTED (PC91-84)
Waiver of code requirement APPROVED waiver #A": change structural
setback to meet the minimum of 60 feet on Weir Canyon.
Tentative Parcel Map No. 85-159 continued indefinitely.
EIR NO. 305 APPROVED.
HEARING SET ON:
Public hearing was continued from the City Council meetings of July 9, 1991,
Item D6, and August 6, 1991, Item DS.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 27, 1991
Mailing to property owners within 300 feet - June 26, 1991
Posting of property June 28, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 17, 1991.
Robert Zur Schmiede, Property Service Manager. He noted that at the time of
the last continuance, the City Council directed staff to meet with the
developers in an attempt to work out a compromise. Staff has met with the
owners since that time, along with representatives of Sanderson/J. Ray
Developers, and reached a compromise on the hours of operation. The fast food
pad would operate from 6:00 a.m. to 11:00 p.m. on Monday through Thursday and
from 6:00 a.m. to 12 midnight on Friday and Saturday. The gas station would
operate from 6:00 a.m. to 12 midnight seven days a week.
Mr. Zur Schmiede stated that representatives of the developers and of the
neighborhood to the west of the property were present for this hearing. It was
the recommendation of staff that the Environmental Impact Report, the
Conditional Use Permit and the requested waivers, as advertised, be approved,
and they concurred with continuance of the Tentative Parcel Map.
Mayor Hunter opened the public hearing and asked if anyone wished to speak;
there was no response.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
576
City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
ENVIRONMENTAL IMPACT REPORT NO. 305 - CERTIFICATION: Environmental Impact
Report No. 305 having been reviewed by the City staff and recommended by the
City Planning Commission to be in compliance with City and State guidelines and
the State of California Environmental Quality Act, the City Council acting upon
such information and belief does hereby certify on motion by Council Member
Hunter, seconded by Council Member Ehrle, that Environmental Quality Act and
City and State guidelines as recommended by the City Planning Commission.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-260)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-260 for adoption, granting
Conditional Use Permit No. 3423, subject to City Planning Commission conditions
and further subject to the stipulated compromise as worked out between staff,
developers, owners and as articulated by staff regarding hours of operation.
Refer to Resolution Book.
R~SOLUTION NO. 91R-260: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3423.
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-260 duly passed and adopted.
D2. 155: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 308, GENERAL PLAN
AMENDMENT NO. 320~ RECLASSIFICATION NO. 90-91-26~ WAIVER OF.CODE REQUIREMENT~
CONDITIONAL USE PERMIT NO. 3415=
OWNERs IDM Corporation, 5150 E. Pacific Coast Hwy., Long Beach, CA
90804.
LOCATION/REQUEST: The property is located approximately 7.5 acres
located at the northeast corner of Brookhurst Street and Gramercy
Avenue.
To amend the Land Use Element of the General Plan to redesignate
subject property from the existing General Industrial designation to
the Medium Density Residential designation.
R~CLASSIFICATION NO. 90-91-26: To reclassify subject property from
the ML (Limited Industrial) zone to RM-1200 (Residential,
Multiple-Family) or a less intense zone.
CONDITIONAL USE PERMIT NO. 34152 To permit a 338 unit, 3 and 4 story
deck-type "affordable" housing apartment complex with waivers of
minimum building site area and permitted identification signage.
ACTION TAKEN By THE PLANNING COMMISSIONs
GPA NO. 320 DENIED (PC91-101) (5 yes votes, 1 no vote, and i absent).
RECLASS NO. 90-91-26 DENIED (PC91-102).
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 20, 1991, 5:00 P.M.
CUP NO. 3415 DENIED (PC91-103).
Waiver of code requirement DENIED.
Approved EIR NO. 308.
Informational item at the meeting of August 6, 1991, Item B2.
Letter of appeal submitted by the owner, IDM Corporation.
Letter was received from Mr. Steven A. Nicholson requesting that the public
hearing be continued to September 10, 1991.
In answer to question by Mayor Hunter, City Attorney Jack White advised that
the request to continue could be acted upon, however people who have been
waiting to participate could place their testimony on the record, if the City
Council so desired.
Mayor Hunter opened the public hearing and asked to hear from a representative
of those in opposition.
PUBLIC DISCUSSION
IN OPPOSITION:
Bob Carter, 513 S. Erin, representing the Orange Avenue
Homeowners Association, stated that the Association is opposed to
the zone change and the project as proposed. They have seen the
plans and feel the density is far too great; the infrastructure
cannot keep pace with the rapid growth in the area, and there are
severe problems with traffic and crime there. The residents are
experiencing a longer response time for emergency services and
the schools are seriously overcrowded. If industrial areas are
allowed to be torn down and developed with more apartments, there
will be an even greater shortage of jobs. A couple of years ago
the City Council made a commitment to downzone and reduce the
density of properties on the west side wherever possible, and the
Association is asking the Council to honor that commitment and
deny subject applications.
In response to question by Mayor Hunter, Mr. Carter stated that the Association
was opposed to the continuance requested; if the hearing is continued,
representatives will be present.
MOTION: Council Member Pickler moved that public hearing on Environmental
Impact Report No. 308, General Plan Amendment No. 320, Reclassification
No. 91-92-26, waiver of code requirement, and Conditional Use Permit No. 3415
be continued to September 10, 1991, 6:00 p.m., as requested by the applicant.
Council Member Hunter seconded the motion. MOTION CARRIED.
ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member Ehrle
seconded the motion. MOTION CARRIED. (8:27 p.m.)
LEONORA N. SOHL, CITY CLERK
578