1990/05/15181
City Hall, Anaheim. California - COUNCIL MINUTES - May 15, 1990, 5:30 P.M.
Thc City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
TRAFFIC ENGINEER:
ZONING ADMINISTRATOR:
ASSISTANT PLANNER:
Daly, Ehrle, Pickler, Hunter
Kaywood
James Ruth
Jack White
Leonora N. Sohl
Paul Singer
Annlka Santalahtt
Jonathan Borrego
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:50 p.m. on May 11, 1990 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Hunter called the meeting to order at 4:00 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 Company vs. City of Anaheim, Orange County
Superior Court Case No. 40-92-46.
Campanula Properties Inc. vs. City of Anaheim, et al., Orange County
Superior Court Case No. 61-46-64; Anaheim Stadium Associates vs. City
of Anaheim, et al., Orange County Superior Court Case No. 61-46-82;
Los Angeles Rams Football Company Inc. vs. City of Anaheim, et al.,
Orange County Superior Court Case No. 61-46-74.
City of Anaheim vs. Keller, Orange County Superior Court Case No.
49-01-37.
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.
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City Hall, Anaheim. California - COUNCIL MINUTES - May 15, 1990, 5;30 P.M.
AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
Council Member Kaywood was absent. (5:47 p.m.)
INVOCATION; A moment of silence was observed in lieu of the invocation.
FLAG SALUTE; Councilman Tom Daly led the assembly in the Pledge of Allegiance
to the Flag.
119; PRESENTATION - AWARD OF FINANCIAL REPORTING ACHIEVEMENT: Mayor Hunter
presented Finance Director George Ferrone with a Certificate of Achievement
for Excellence in Financial Reporting for the fiscal year ended June 30, 1989,
presented by the Government Finance Offices Association of the United States
and Canada, an award which Mr. Ferrone has received for many years.
George Ferrone, Finance Director. He is pleased to accept the Certificate and
would like to dedicate it to the memory of Alan Murphy, former Assistant
Finance Director of the City of Anaheim, who just recently died of cancer at
the age of 34. Alan spent 12 years in the Finance Department (three as
Assistant Finance Director). Mr. Ferrone also expressed his appreciation to
his staff, who he feels makes the award possible.
119: PROCLAMATIONS; The following proclamations were issued by Mayor Hunter
and authorized by the City Council.
Meals on Wheels Day in Anaheim, May 16, 1990.
Employee Health and Fitness Day in Anaheim, May 16, 1990.
Buddy Poppy Days in Anaheim, May 18 - 19, 1990.
Public Works Week in Anaheim, May 20 - 26, 1990.
Ruth Henderson, President of Meals on Wheels, accepted the Proclamation for
Meals on Wheels Day in Anaheim; Les McCauley of Anaheim Veterans of Foreign
Wars accepted the Proclamation for Buddy Poppy Days; John Roche, Director of
Maintenance and Gary Johnson, Director of Public Works/Engineering, accepted
the Proclamation for Public Works Week in Anaheim.
MINUTES; Councilman Pickler moved to accept the minutes of the regular
meeting held April 17, 1990. Councilman Ehrle seconded the motion.
Councilwoman Kaywood was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,949,314.51 for the week
ending May 11, 1990, in accordance with the 1989-90 budget, were approved.
CITY MANAGgR/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter,
seconded by Councilman Daly, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Councilman Hunter offered
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City Hall, Anaheim, California - COUNCIL MINUTES - May 15. 1990. 5:30 P.M.
Resolution Nos. 90R-162 through 90R-166, both inclusive, for adoption and
Ordinance No. 5128 for adoption.
Al. 118: The following claims were filed against the City and action taken
as recommended.
a. Claim submitted by Orange County Transit District for indemnity
sustained purportedly due to actions of the City on or about December 19, 1989.
b. Claim submitted by Melvin Garth Murphy for bodily injury
sustained purportedly due to actions of the City on or about October 18, 1989.
c. Claim submitted by Christine Nunez for bodily injury sustained
purportedly due to actions of the City on or about October 21, 1989.
d. Claim submitted by Brenda A. Waulters for bodily injury and
property damage sustained purportedly due to actions of the City on or about
December 31, 1989.
e. Claim submitted by Basil Abedrabo for bodily injury sustained
purportedly due to actions of the City on or about December 31, 1989.
f. Claim submitted by Ghalib Zeit for bodily injury sustained
purportedly due to actions of the City on or about December 31, 1989.
g. Claim submitted by Roberto Reynosa for bodily injury and property
damage sustained purportedly due to actions of the City on or about February
26, 1990.
h. Claim submitted by Soledad Roman for bodily injury sustained
purportedly due to actions of the City on or about February 26, 1990.
i. Claim submitted by Gerardo Cortez for bodily injury sustained
purportedly due to actions of the City on or about February 26, 1990.
J. Claim submitted by Mrs. Vincent D. Chavez for property damage
sustained purportedly due to actions of the City on or about February 28, 1990.
k. Amended claim submitted by Martha and James Strickland for bodily
injury sustained purportedly due to actions of the City on or about October 2,
1989.
1. Claim submitted by Daniel J. Salaets for property damage
sustained purportedly due to actions of the City on or about December 12, 1989.
m. Claim submitted by Jennifer C. Engelmann for property damage
sustained purportedly due to actions of the City on or about March 8, 1990.
n. Claim submitted by Grace Wen for property damage sustained
purportedly due to actions of the City on or about April 9, 1990.
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o. Claim submitted by Jose Anibal Rosado for property damage
sustained purportedly due to actions of the City on or about February 23, 1990.
p. Claim submitted by McPeek Chrysler Plymouth for indemnity
sustained purportedly due to actions of the City on or about January 30, 1990.
q. Claim submitted by George Edwin Bailes for property damage
sustained purportedly due to actions of the City on or about January 16, 1990.
A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission
meeting held March 28, 1990.
105: Receiving and filing minutes of the Public Utilities Board meeting held
April 19, 1990.
A3. 150: Awarding the contract to the lowest and best responsible bidder,
Welt Construction, Inc., in the amount of $105,850 for John Marshall and
Eucalyptus Parks Picnic Shelter Improvements.
A4. 175: Awarding the contract to the lowest and best responsible bidder,
Western Gunite, Inc., in the amount of $19,444 for the construction of Olive
Hills Reservoir Drainage Channel Improvements.
A5. 151: Approving an Encroachment License Agreement with I. S. Chang for
encroachment of ice plant from his property at 890 Calle Venado onto City
property (Oak Canyon Nature Center).
A6. 176: RESOLUTION NO. 90R-162: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (88-9A public hearing date June 19, 1990)
A7. 123: Approving a Third Amendment to Agreement with JHK & Associates in
the amount of $672,983 (the City being responsible for $173,128) for traffic
system management and design consulting services, and authorizing the Mayor to
sign said amendment.
AS. 106/156: Amending the Fiscal Year 1989/90 Resource Allocation Plan by
increasing Expenditure Account 04-190-4120 by $120,000 and 04-190-6704 by
$200,000 and Revenue Account 04-3701 by $97,488 and 04-3958 by $921,427 and
04-3960 by 9140,113 to cover the costs of ma~or investigation by the Narcotics
Detail, and apply assets seized to this expense.
Ag, 109/156; RESOLUTION NO. 90R-163; A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT PROPOSAL ON
BEHALF OF THE CITY OF ANAHEIM IN CONNECTION WITH THE CALIFORNIA COMMUNITY
CRIME RESISTANCE PROGRAM.
Al0. 123: Waiving Council Policy 301 and approving an agreement with Lynne
Thayer, Criminal Justice Consultant, at $45 per hour (with a maximum of
$8,500) for grant preparation services for the period of May 15, 1990 through
July 15, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES - May 15, 1990, 5;30 P,M,
Ail. 123: Approving an agreement with Anaheim General Hospital to work with
the Police Department on a "Freedom 5K Race" to be held on July 15, 1990, and
authorizing the Mayor to sign on behalf of the City.
Item Ail was withdrawn by staff at this time to be rescheduled.
Al2. 156: Accepting $600 donated to the City by certain individuals and
organizations for the support and expansion of the Police Canine Program.
106/156: Increasing revenue appropriations in account no. 01-3187 by $600 and
increasing expenditure appropriations in account no. 01-182-5116 by $600.
Al3. 155/175: Approving a Negative Declaration, pursuant to CEQA findings,
for the construction of La Palma Pump Station Rehabilitation and Production
Water Well, Project No. 2297.
Al4. 113/175: RESOLUTION NO. 90R-164; A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION, BY ERASURE OR OTHERWISE, OF
RECORDED TELEPHONE AND RADIO COMMIINICATIONS MAINTAINED BY A CITY DEPARTMENT
WHICH RECORDINGS ARE MORE THAN 100 DAYS OLD. (Utilities Systems Operations
Tapes #297 412 from November 1, 1988 through February 28, 1989.)
Al5. 174/177: Approving the submittal of an application for Transitional
Housing/Supportive Housing Demonstration Program (fiscal year 1990) funds in
the amount of $615,000 and authorizing the Mayor to sign the necessary forms
and certifications to submit to the United States Department of Housing and
Urban Development; awarding these funds to Anaheim Interfaith Shelter to allow
them to pay off their existing mortgage at Halcyon House, and to JTPA to
implement an Employment Program for homeless persons in Anaheim; and
authorizing staff to submit any other necessary documents.
Al6. 123: Approving an agreement with Orange County Center for Health in an
amount not to exceed $43,625 for the provision of prenatal care services to
Iow and moderate income women.
123: Approving an agreement with Orange County Center for Health in an amount
not to exceed $29,000 for the provision of general medical services to low and
m0d~rate income persons.
Al7. 123: Approving an agreement with Harris and Associates, in the amount
of $20,500 for consultant services for the Trail Improvement Project at Oak
Canyon Nature Center.
Councilman Daly. He has been approached by some citizens who use the trail
network in the hills area who are concerned with the long-term maintenance and
upkeep of the trails and who have reported there are some barriers to movement
on the trails. He would like to know the extent of the design and
construction work and how far from the Oak Canyon Nature Center the work will
encompass.
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City Hall, Anaheim, California - COUNCIL MINUTES - May 15, 1990, 5;30 P,M.
Chris Jarvt, Director of Parks, Recreation and Community Services. The entire
trail network system within the Oak Canyon Nature Center is involved. No
other trails are involved and there are no immediate plans for the other
trails at this time. An overall master plan is in place and there is regular
trail maintenance on those trails. Staff believes those are in good shape,
but if there are particular areas of concern, he would like to know about them
so he can investigate.
Councilman Daly. The trails involved are in the Anaheim-Orange border along
the ridge line as it heads to the east, not far from the intersection of
Serrano and Nohl Ranch Road. There are some barriers to passage.
Chris Jarvi. He believes that is a County regional trail and there have been
some developments that have gone in that have severed that trail. Staff is
working with the developers to make sure blockages are removed.
Councilman Daly. He asked Mr. Jarvi to let him know the City's plans beyond
the Oak Canyon Nature Center to improve access and to make sure the trail
network is dedicated and can be used by the public.
Al8. 123: Approving an agreement with the City of Garden Grove to enable the
Convention Center to continue to provide parking enforcement within a
designated area of Garden Grove adjacent to the Anaheim Convention Center.
Al9. 123: Approving a Service Agreement with Orange County Job Training
Partnership Agency, in an amount not to exceed $337.64 a month, to provide the
City computer time share for processing the JTPA Grant Management Information
System, and authorizing the Mayor to execute said agreement.
A20. 139: Opposing provisions included in the President's budget request
which will require municipalities, and their employees not presently
participating in a retirement plan, to pay federal Social Security taxes, and
to communicate the City's opposition to our Congressional representatives.
A21. 106: Setting a public hearing on the proposed 1990/91 Resource
Allocation Plan for June 12, 1990, and approving the time schedule for its
review and adoption.
A22. 106/129: Approving the following increases in the 1989/90
appropriations for relocation of Fire Station No. 9:
106/129: Increase in 1989/90 revenue account no. 01-3197 by $83,331.
106/129: Increase in 1989/90 appropriations expenditure account no.
01-912-6993 by $10,897.
106/129: Increase in 1989/90 appropriations expenditure account no.
01-912-7105 by $72,434.
A23. 101.123: Approving and authorizing the Mayor to execute certain
agreements relating to the Arena project:
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City Hall, Anaheim. California - COUNCIL MINUTES - May 15, 1990, 5;30 P.M.
Councilman Pickler. The Council is being asked to authorize an expenditure of
$800,000 with the potential of much more than that. They have already spent
$6.5 million on the arena to obtain land and have already sold Certificates of
Participation estimated at $26 million. However, they have no contracts at
this time for anyone to build the arena and no guarantee of any teams who are
going to play in the arena. This same Council many times has failed to
appropriate funds for a community center and other vital services. Snap
decisions are made without public input and priorities are wrong. There
should be an agreement in place before spending any more taxpayer's money on
the arena. He is going to oppose the appropriation of funds for architectural
services relating to the design and construction of the Anaheim Sports Arena.
Mayor Hunter. The Transient Occupancy Tax (TOT) was raised from 10% to 11%
and the money to be derived from that increase is earmarked to assist in
acquiring the land for the arena. Last year Anaheim made approximately $25
million from tourists who stayed in the City's hotels/motels. The City is not
spending taxpayer's money to build an arena. Bonds are going to be sold by
whoever contracts for and builds the arena. These are exciting times for
Anaheim and, along with other expansions in the Stadium-Convention Center
area, the arena will be a further enhancement to the City, with an annual
direct economic benefit after completion and operation, of $33 million a
year. He then elaborated on the benefits the arena will bring to the City as
well as adding to the City's existing enterprises, which will make it the
sports capitol of southern California
Councilman Ehrle. They made a commitment to the Visitor and Convention Bureau
that the money derived from the increase in the TOT would be directly spent on
the area that would benefit that industry and the arena will do just that.
The City's forefather's had vision and the Council has vision in moving
forward in building a major sports arena that will put Anaheim in the driver's
seat. He is not ashamed to say that he stands for progress.
101.123: a) Settlement Agreement with the Golden West Baseball Company
relating to Environmental Impact Report No. 299 (Arena Project).
101.123: b) Settlement Agreement with the Los Angeles R~s Football Company
relating to Environmental Impact Report No. 299 (Arena Project).
101.123: c) Settlement Agreement with Anaheim Stadium Associates relating to
Environmental Impact Report No. 299 (Arena Project).
101.123: d) Settlement Agreement with Campanula Properties, Inc. relating to
Environmental Impact Report No. 299 (Arena Project).
106/101.123: e) Appropriating $425,000 and approving an agreement with
Hellmuth Obata and Kassabaum, Inc., for architectural services relating to the
design and construction of the Anaheim Sports Arena.
Councilman Pickler voted no on item A23.
A24, 162/142; ORDINANCE NO, 5128 - ADOPTION: Amending 6.30.050 of Chapter
6.30 of Title 6 of the Anaheim Municipal Code relating to smoking in public
places. (Introduced at the meeting of May 8, 1990.)
RESOLUTION NO. ----: Establishing a designated smoking area in the Anaheim
Civic Center pursuant to Section 6.30.050 of the Anaheim Municipal Code.
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City Hall, Anaheim, California COUNCIL MINUTES May 15, 1990, 5:30 P.M.
City Manager Ruth announced the removal of Item A24, both the Ordinance and
Resolution at this time, to be rescheduled at a later date.
A25. 128: Approving an agreement with Setdler-Fttzgerald Public Finance in
the amount of $26,030 with regard to the sale of 1990/91 tax and revenue
anticipation notes ($22,000,000).
128: Approving an agreement with Jones Hall Hill and White, Bond Counsel, for
legal services with regard to the sale of 1990/91 tax and revenue anticipation
notes ($22,000,000).
128; RESOLUTION NO, 90R-165: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1990/1991 AND THE
ISSUANCE AND SALE OF 1990 TAX AND REVENUE ANTICIPATION NOTES THEREFOR.
128: RESOLUTION NO. 90R-166: A RESOLUTION CALLING FOR BIDS FOR NOTES,
APPROVING DISTRIBUTION OF OFFICIAL STATEMENT, OFFICIAL NOTICE OF SALE AND BID
FORM, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO.
128: Approving the Official Statement for 1990 Tax and Revenue Anticipation
Notes.
A26. 123: Approving an agreement with Southland Industrial Contracting and
Anaheim Hotel Partnership relating to epoxy repairs in the enclosed parking
facilities at the Anaheim Convention Center and Hilton Hotel and Towers for an
amount estimated at $255,350 (City's share).
Roll Call Vote on Resolution Nos. 90R-162 through 90R-166, both inclusive.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Kaywood
The Mayor declared Resolution Nos. 90R-162 through 90R-166, both inclusive,
duly passed and adopted.
End of Consent Calendar. Councilman Pickler voted no on Stem A23.
Councilwoman Kaywood was absent. MOTION$ CARRIED.
A27, 142/127; CHARTER AMENDMENTS-SECTIONS 500, 501, 510, 515, 518 AND 502:
Submitted was Joint report dated May 10, 1990 from City Attorney Jack White
and City Clerk Lee Sohl submitting the first group of Charter Amendments for
Council consideration and approval of the wording and corresponding ballot
language.
Councilman Daly. He moved a one week continuance of the subject Charter
Amendments for full Council action, since Councilwoman Kaywood was not present
today. Councilman Hunter seconded the motion. Councilwoman Kaywood was
absent. MOTION CARRIED.
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City Hall, Anaheim. California - COUNCIL MINUTES - May 15, 1990, 5;30 P,M.
179: ITEMS Bi B13 FROM THE PLANNING COMMISSION MEETING OF APRIL 23, 1990:
INFORMATION ONLY - APPEAL PERIOD ENDS MAY 15, 1990;
BI, WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3258 AND MITIGATED NEGATIVE DECLARATION:
OWNER: Conestoga Partners, 1240 South Walnut Street, Anaheim, CA 92121
AGENT: Philltp R. Schwartze, 14841 Yorba, #203, Tustin, CA 92680
LOCATION: 1240 South Walnut Street. Property is approximately 6.4 acres
located on the south side of Ball Road and on the east side of Walnut Street,
approximately 340 feet east and 345 feet south of the intersection of Ball
Road and Walnut Street.
To permit a vacation ownership resort with waiver of minimum number of parking
spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3258 GRANTED (PC90-93) reducing the Transient
Occupancy Taxes collected for Vacation Ownership Units to 25% as opposed to
30% as stated in Condition No. 28, and adding the condition that petitioner
shall pay fair share of undergrounding utilities on their property. (6 yes
votes, 1 absent.)
Waiver of code requirement APPROVED if parking is not sufficient after
build-out, petitioner stipulated they will increase parking by 14 spaces. (It
is petitioner's prerogative to use the excess landscaping if he so desires).
APPROVED Mitigated Negative Declaration. Must provide a 4 to 5-foot berm
along Walnut Street subject to the City Traffic Engineer's approval for
visibility.
Councilman Pickler referred to letter dated May 14, 1990 from Jeffrey P.
Server, President, Shell Properties, explaining that they are completely
rehabilitating the existing hotel and constructing a number of new facilities
for the time share portion, but emphasizing that it is not a condominium
project. He (Pickler) understands that it could not become a condominium.
City Attorney White. His understanding is that the Conditions of Approval
prohibit the project from becoming condominiums. Certain units have to be
normal hotel units and certain units will be time-share units. With time
share units, there is the ability to have occupancy for a period of time
during any particular year, of that unit. Portions of the year are divided
and right of occupancy is sold and exchanged. The person who may own a time
share in another state or city can exchange it for one in Anaheim, but it does
not constitute a condominium in the legal sense. It is closer to a hotel than
a condominium. It is the City's first experience with time shares. It is
similar to the traditional hotel-motel tenants or occupants.
Annika Santalahti, Zoning Administrator. Condition 29 of the Conditional Use
Permit limits occupancy in the traditional rooms or the ownership units to 60
days in a year, if not consecutive to one another. If they were to switch to
condominiums, that would be in violation of the Conditional Use Permit and the
City could take appropriate action. Before construction commences, enabling
documents have to be submitted to the City, CC&R's, etc. for review and
approval. She is assuming that Condition 29 is an item that would be
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City Hall, Anaheim, California - COUNCIL MINUTES - May 15. 1990. 5:30 P,M,
reiterated in those documents to make it clear to any purchaser other than the
current developer that this is specifically a time share with a specific
number of traditional hotel rooms as well. She also clarified that ultimate
access will be from Ball Road. In the initial stages, they would retain some
access along Walnut Street.
Jeffrey Server, Shell Properties. The main exit and entry will be on Ball
Road once the new left turn lane is provided. The lobby will also be there
once the third phase of construction is completed.
Councilman Pickler noted another concern of the neighbors, that there be a
landscaped berm installed along the frontage of Walnut Street to mitigate
noise and fumes from the buses; Mr. Server stated that they had agreed to
these things at the Planning Commission hearing.
City Attorney Jack White. He confirmed that at this time conditions cannot be
added or changed. That could only be done through the public hearing
process. There can be clarifications relative to the project in order to make
a determination whether or not the Council wishes to set it for a public
hearing.
Paul Singer, Traffic Engineer. The project is short 14 parking spaces, but
there is room to expand the parking, should it become necessary. The
developer has assured that there is enough parking. He would like to use that
area for landscaping, but should there be a parking problem, it can be
converted to parking.
Councilman Pickler. He does not want to set the matter for a public hearing.
He wants to be sure that the people in the area feel comfortable with the
project and that everyone understands that they are about to move along. If
they can clear the air, there is no need to set the matter for a hearing.
Anntka Santalahti. Relative to the berm, Condition 35 provides a four to five
foot landscaped berm in the front setback along Walnut Street and that the
Traffic Engineer will review it for visibility between driveways at the public
street. It is part of the overall approval.
Paul Singer. The primary access to the entire hotel and time share is going
to be from gall Road where the main lobby i~ going to be located. There will
be a secondary lobby where it is currently located on Walnut. It will only
serve as a secondary access~ The primary hotel and orientation will be
towards Ball Road. Relative to the buses, they do line up on Walnut Street.
He has met with the neighbors on several occasions regarding this matter. The
Council recently adopted an ordinance prohibiting commercial vehicles from
parking in certain areas. When the ordinance goes into effect, Walnut Street
will be posted to prohibit any stopping or standing of buses in that entire
stretch. The hotel still has to be served by buses. They are going to have
to use better logistics to get into and out of the property and to stay out of
Walnut Street. He sympathizes with the neighbors. It is a serious
situation. They are going to have to use stringent parking enforcement in the
area.
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Councilman Daly. He feels adequate protections have been built in as
specified by the Planning Commission in the conditions imposed. He can
support the project.
Mayor Hunter. He referred to the letter previously received requesting a
public hearing. Although this is not a public hearing, he acknowledged Betty
Roncont, who was in the Chamber audience and asked if she was satisfied with
what she has heard.
Betty Ronconi, 1241 South Walnut Street (see letter dated May 14, 1990,
relative to the subject project, the concluding paragraph of which requested
that the Council set the matter for a public hearing). Although she has heard
the things that were said, there is nothing at this point to come back and
rely on in the future for enforcement, should it become necessary. The
Planning Commission Resolution is nebulous and things are not literally
spelled out. She has a copy of the staff reports and the resolution. It is
possible and it has been done in the past where the developer stipulates to
specific things such as the wall height, landscaping, bus routing, etc.
Mayor Hunter. Since this is a Conditional Use Permit, what the Council gives
it can also take away.
Annika Santalahti, Zoning Administrator. She referred to Condition 25. It is
a condition where all the sub items listed are going to be submitted to the
Planning Commission. It is not being required in that condition to be under a
public hearing. Relative to the bus issue, that will be reviewed by the
Traffic Engineer prior to submittal to the Commission. It is not going as a
public hearing, but as an item for Commission action. The Council will
subsequently see it on an informational agenda as it is today.
Betty Ronconi. Relative to a mitigated negative declaration, it would help if
the plans were more specifically given to the public to be reviewed before the
approval.
Mayor Hunter. They will do their best to keep the residents informed. As it
goes back to the Planning Commission, Mrs. Ronconi or someone else will be
there to track it. There will be a chance to revisit the issue two or three
more limes.
Betty Roncont. It is difficult to keep up. They were not even aware of the
situation. She is only speaking for herself because she has not had a chance
to talk to the residents.
No further action was taken by the Council on this item.
B2, ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO, 256 (FREVIOUSLY CERTIFIED),
RECLASSIFICATION NO. 89-90-46, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE
PERMIT NO: 3262:
OWNER: Bedford Development Co., 3002 Dow Ave., Suite 502, Tustin, CA 92680
AGENT: Robert D. Michelson, 328 North Glassell, Orange, CA 92660
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LOCATION: Property is approximately 2.25 acres located at the northwest
corner of Monte Vista Road and Weir Canyon Road.
For a change in zone from CO (SC) to CL (SC).
To permit a commercial retail center and carwash facility with gasoline sales
with waivers of minimum setback adjacent to a scenic expressway and a
secondary arterial highway.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 89-90-46 GRANTED (PC90-94) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED.
Conditional Use Permit No. 3262 GRANTED (PC90-95) (revised plans).
APPROVED Addendum to Environmental Impact Report 256 (with monitoring program).
B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3267,
CATEGORICALLY EXEMPT, CLASS 4:
OWNER: George and Susan Taus, 29000 South Western Ave., #305, Rancho Palos
Verdes, CA 90735
AGENT: Courtney - Readick, Attn: Chris Courtney, 4605 Lankershim Blvd.,
#802, North Hollywood, CA 91602
LOCATION: Property is approximately 1.41 acres located at the southeast
corner of Niobe Street and Brookhurst Street.
To permit a temporary medical office trailer at an existing medical complex
with waiver of minimum number of parking spaces. (This is a continuation of an
existing use.)
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3267 GRANTED (PC90-96) (6 yes votes, 1 absent).
Waiver of code requirement GRANTED.
B4, 179; CONDITIONAL USE PERMIT NO. 3269 AND NEGATIVE DECLARATION:
OWNER: Kyu-Ho Yun, 9982 Bixby Circle, Villa Park, CA 92667
LOCATION: 501 509 South Brookhurst Street. Property is approximately 1.1
acres on the west side of Brookhurst Street approximately 260 feet north of
the centerline of Orange Avenue.
To permit a public dance hall with on-sale of liquor within a proposed
restaurant.
ACTION TAKF~N BY THE PLANNING GOMMI$$ION:
Conditional Use Permit No. 3269 DENIED (FG90-97) (6 yes votes, 1 absent),
Denied Negative Declaration.
A letter of appeal was submitted by Alan Zall on behalf of the owner and
public hearing scheduled for June 12, 1990.
B5, 179; WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 2061 AND
NEGATIVE DECLARATION:
OWNER: Sylvia Scott, 4081 San Rafael Ave., Los Angeles, CA 90065
AGENT: Mark Corradini, 714 North Anaheim Blvd., Anaheim, CA 92805
LOCATION: Property is approximately 0.18 acre located on the east side of
Anaheim Boulevard approximately 180 feet north of the centerltne of Wilhelmina
Street.
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City Hall, Anaheim, California - COUNCIL MINUTES - May 15, 1990, 5;30 P.M,
To permit expansion of an existing alcoholic and drug rehabilitation center
with waivers of minimum number of parking spaces and permitted location of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2061 GRANTED, (PC90-98) deleting Condition No. 13,
(4 yes votes, 2 absent, and 1 abstained).
Bill Ericson, 301 East North Street. Thirty two parking spaces are required
and one is proposed. The staff report agrees with the one space. At 1:00
p.m. today three vehicles were parked there and cars are washed there on
different days. It is in the area of the Northgate Market. He is not
criticizing the market owner, but the customers. There are near misses trying
to make entrance to the property, jaywalking, parking on other people's
property, etc. More traffic is anticipated on Anaheim Boulevard. He is
requesting that a survey be made before widening Anaheim Boulevard, to
mitigate some of the problems.
No action was taken by the Council on this item.
B6. 179: VARIANCE NO, 4040, CATEGORICALLY EXEMPT. CLASS 3:
OWNER: Toby F. and Kathleen Weisser, Peter M. Weisser, 25811 Prairie Stone
Drive, Laguna Hills, CA 92653
LOCATION: 874 South Glaudtna Street. Property is approximately 0.16 acre
located on the east side of Claudina Street approximately 260 feet south of
the centerline of Valencia Avenue.
Petitioner requests waivers of the following to construct two 2-bedroom
apartment units in addition to an existing single-family dwelling.
(a) minimumwidth of pedestrian accessway (granted)
(b) minimum building site area per dwelling unit (granted)
(c) vehicle access requirements (granted)
(d) minimum number of parking spaces (deleted)
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4040 GRANTED, IN PART, (PC90-99) with waivers a, b, and c
GRANTED, and waiver d deleted (4 yes votes, 2 absent, and 1 abstained).
B7, 179; VARIANCE NO, 4041 AND NEGATIVE DECLARATION:
OWNER: Intervtvos Trust Agreement, Jack and Nellie Levine, 320 Pine Ave.,
Long Beach, CA 90802
AGENT: Greenberg Farrow Architectural Inc., 17671 Irvine Blvd., #220, Tustin,
CA 92680
LOCATION: 2300 West Lincoln Avenue. Property is approximately 9.1 acres
located on the south side of Lincoln Avenue approximately 655 feet east of the
centerline of Gilbert Street.
Waiver of minimum number of parking spaces and limitations to permitted uses
and structures to construct a 90,000-square foot home improvement center with
16,150 square foot outdoor garden center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4041 GRANTED (PC90-100), construct or repair 6-foot wall; resolve
drainage issue (Condition #20 deleted), and screen air conditioning
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City Hall. Anaheim. California - COUNCIL MINUTES - May 15, 1990, 5;30 P.M.
equipment. (5 yes votes, 2 absent.)
Approved Negative Declaration.
BB. 179; GENERAL PLAN AMENDMENT NO, 302, RECLASSIFICATION NO. 89-90-53 AND
NEGATIVE DECLARATION:
INITIATED BY: The City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA
92803
LOCATION: Property is approximately 16.4 acres generally bounded by Water
Street to the north, Olive Street to the east, South Street to the south and
the alley east of Anaheim Boulevard to the west. Also including the area
generally bounded by Santa Ana Street to the north, Olive Street to the east,
Water Street to the south and Claudtna Street to the west. Excepting the
northerly 360 feet and the easterly 140 feet north of Water Street.
A City-initiated amendment to the Land Use Element of the General Plan
redesignating subject area from the Medium Density Residential designation to
the Low-Medium Density Residential designation.
A City-initiated reclassification of subject area from the RM-1200, RM-2400
and RS-7200 Zones to the RS-5000 or a less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Amendment No. 302 GRANTED (PC90-101) (5 yes votes, 2 absent).
Reclassification No. 89-90-53 GRANTED.
Approved Negative Declaration.
Set for public hearing (due to General Plan Amendment No. 302) before City
Council today, May 15, 1990, (SEE ITEM D2) in connection with GPA 279-1, 2, 3,
&5.
B9, 179; GENERAL PLAN AMENDMENT NO. 303 AND NEGATIVE DECLARATION:
INITIATED BY The City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92803
LOCATION: Property is approximately 6.5 acres generally bounded by Cypress
Street to the north, Rose Street to the east, the alley north of Lincoln
Avenue to the south, and the alley west of Vine Street to the west, also
including those 10 parcels fronting on the east side of Rose Street between
Cypress Street to the north and Lincoln Avenue to the south.
A City-initiated amendment to the Land Use Element of the General Plan
redestgnattng subject area from the Medium Density Residential designation to
th~ Imw D~n~tty R~td~ntial d~ttnatton.
ACTION TAKEN BY T~E PLANNING COMMISSION:
General Plan Amendment No. 303 APPROVED (PC90-103) (5 yes votes, 2 absent).
Approved Negative Declaration.
Set for public hearing before City Council on June 5, 1990, due to General
Plan Amendment No. 303.
REPORTS AND RECOMMENDATIONS:
BI0, 179/142; PROPOSED CODE AMENDMENT PERTAINING TO GROUND MOUNTED ANTENNAS
IN THE COMMERCIAL SCENIC CORRIDOR OVERLAY ZONE:
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City Hall, Anaheim, California - COUNCIL MINUTES May 15, 1990, 5:30 P.M.
ACTION T~KEN BY THE PI~ING CO~5MISSION:
Planning Commission recommended Council adoption.
ORDIN~uNCE NO, 5129 -INTRODUCTION: Adding Subsection 18.84.062.033 to Section
18.84.062 of Chapter 18.84 and ~mending Subsection 18.12.050.060 of Section
18.12.050 of Chapter 18.12 of the Anaheim Municipal Code relating to zoning.
Councilman Hunter offered Ordinance No. 5129 for introduction.
ORDINANCE NO, 5129; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION
18.84.062.033 TO SECTION 18.84.062 OF CHAPTER 18.84 AND AMENDING SUBSECTION
18.12.050.060 OF SECTION 18.12.050 OF CHAPTER 18.12 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING.
Bll. 170; REQUEST OF A WAIVER FOR GRADING PI2%N NO, 1248 REVISION 2, PER
SECTION 17,06,29), OF THE REQUIREMENT OF THE CITY OF ANAHEIM HILLSIDE GRADING
ORDINANCg AS IT RELATES TO THE LOCATION OF LOT LINES ADJACENT TO SLOPES.
SECTION 17,06.120.04 AND TABLE 17-A:
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended DENIAL of waiver of the Hillside Grading Ordinance as it relates
to the location of lot lines adjacent to slopes for Grading Plan No. 1248
Revision 2 (property located south of Martella Lane at the northerly terminus
of Willdan Road).
%/~is item will be set for a public hearing, since it requires Council action.
(The item was subsequently withdrawn by the applicant, and no public hearing
took place before Council.)
B12, 134; ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE
CONFORMANCE WITH THE GENERAL PLAN - Property is located at 1601 East
Orangewood Avenue,
ACTION TAKEN BY THE PI~ING COMMISSION:
APPROVED.
B13, 134; OP~GE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE
C0NFORMANGE WITH THE GENERAL PlAN - Fr0perty is located at 503 North Anaheim
Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED.
END OF THE PLANNING COMMISSION ITEMS.
ORDINANCE FOR INTRODUCTION:
B14. 179: ORDINANCE NO. 5130 (INTRODUCTION) Amending Title 18 to rezone
property under Reclassification No. 88-89-57, located at 1421 West Crone
Avenue, from the RS-A-43,000 zone to the RS-7200 zone.
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City Hall. Anaheim. California - COUNCIL MINUTES - May 15. 1990. 5;30 P,M,
Councilman Daly offered Ordinance No. 5130 for introduction.
ORDINANCE NO. 5130: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
134/179; PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 279-1. 2, 3, 4 AND 5,
RECLASSIFICATION NO, 89-90-32 AND NEGATIVE DECLARATION:
INITIATED BY:
CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
Amendment to the Land Use element of the General Plan redesignating and
reclassifying subject areas as follows:
Area 1, approximately 2.3 acres generally bounded by Santa Aha Street to the
north, Anaheim Boulevard to the east, Water Street to the south and Lemon
Street to the west. Excluding the northerly 375 feet and the easterly 160
feet; (Redesignation from Medium Density Residential to Low Density
Residential). (No reclassification proposed in that area.)
Area 2, approximately 13.5 acres generally bounded by Water Street to the
north, Anaheim Boulevard to the east, Valencia Avenue to the south, and Lemon
Street to the west. Excluding the easterly 160 feet and the southerly 285
feet; (Redesignatton from Medium Density Residential to Low-Medium Density
Residential); and to reclassify those properties zoned RM-1200 to RM-2400 or a
less intense zone, and those properties zoned PD-C to PD-C/RM-2400, or a less
intense zone.
Area 3, approximately 1.19 acres generally bounded by Santa Aha Street to the
north, Claudina Street to the east, Water Street to the south and the alley
east of Anaheim Boulevard to the west. Excluding the northerly 360 feet and
the westerly 150 feet; (Redestgnation from Medium Density Residential to
Low-Medium Density Residential); and reclassify all properties zoned PD-C to
PD-C/RM-2400, or a less intense zone.
Area 4, approximately 16.4 acres generally bounded by Water Street to the
north, Olive Street to the east, South Street to the south and the alley east
of Anaheim Boulevard to the west. Also includin~ the area ~enerally bounded
by Santa Ana Street to the north, Olive Street to the east, Water Street to
the south and Claudtna Street to the west. Excepting the northerly 360 feet
and the easterly 140 feet; (Redesignation from Medium Density Residential to
Low Density Residential); and to reclassify those properties zoned RM-1200 and
RM-2400 to RS-7200, or a less intense zone.
Area 5, approximately 8.9 acres generally bounded by South Street to the
north, Olive Street to the east, Valencia Avenue to the south and the alley
east of Anaheim Boulevard to the west. (Redesignation from Medium Density
Residential to Low-Medium Density Residential); and to reclassify those
properties zoned RM-1200 to RM-2400.
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City Hall. Anaheim. California - COUNCIL MINUTES - May 15, 1990. 5:30 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 279-1, 2,
3, and 5 RECOMMENDED APPROVAL - Deleted Area 4 (PC90-79) (6 yes votes, 1
absent); Reclassification No. 89-90-32 GRANTED, as modified - Area 4 deleted,
(PC90-80); APPROVED Negative Declaration.
Staff was instructed to initiate a new General Plan Amendment and
reclassification proceeding for Area 4 and a public hearing for same be set
the same day as Areas 1, 2, 3 and 5. (See next public hearing, GPA 302 and
Reclassification 89-90-53, which is Area 4.)
HEARING SET ON:
Public hearing necessitated by General Plan Amendment.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 3, 1990.
Posting of property May 4, 1990.
Mailing to property owners within 300 feet - May 2, 1990.
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 26, 1990.
Jonathan Borrego, Assistant Planner. He briefed the actions taken by the
Planning Commission relative to the subject General Plan Amendments.
Regarding Area 4, the Commission felt because of the fact that the lots within
that area were much smaller than RS-7200 and were closer to RS-5,000, the
entire area should be reclassified to RS-5,000 and along with that recommended
a General Plan Amendment to the Low-Medium Density Residential designation.
Mr. Borrego also referred to page 17 of the staff report to the Planning
Commission dated March 26, 1990. A typographical error was discovered after
the Commission meeting. Under Zoning/Dwelling Information it reads 17 lots
zoned RS-7200 (27%). It should read 17 lots zoned RM-2400. Ail other
references to that number on the other attachments are correct. He then
clarified for Councilman Daly that the lots in Area 4 around the Ellsworth
area are just over 5,000 square feet, although the other areas on the west
side of Olive Street, which are zoned RM-2400, with the exception of those
lots, the rest of the lots are zoned RS-7200, even though they are much
smaller than RS-7200. The practical difference between having R$-7200 and
RS-5000, as far as development standards, if someone were to come in on one of
those lots on Olive Street, which was rezoned to RS-5,000, it would be more
consistent with what they would be able to develop on those properties. Only
single family homes could be built in any case.
Councilman Daly. The staff recommendation was to rezone for single family.
The Planning Commission said it should be single family, but smaller lots.
Annika Santalahti, Zoning Administrator. In practice there are probably three
differences between the two zones. With the RS-5,000, the maximum house size
is three bedrooms. Anything bigger they would have to add 850 square feet per
new bedroom. On these lots they have three bedrooms and no more. The front
and rear setback is either 25 feet or 25% of the depth of the overall lot. In
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City Hall, ADaheim, California - COUNCIL MINUTES - May 15. 1990. 5;30 P.M.
the RS-5,000, the front setback can go down to ten feet and also the rear
setback, depending on whether there are one or two stories. The differences
have to do with the configuration of the single family house. Each zone has
its advantages, but with RS-5,000 it is held to three bedrooms.
Mayor Hunter opened the public hearing.
PUBLIC DISCUSSION IN OPPOSITION:
Jim Stahovich, 12402 Zig Zag Way, Tustin (prior Anaheim resident
for almost 30 years). He owns property at 114 South Street in'Area
5. His property is zoned RM-1200 and has been for about 30 years.
He is in the construction business and is a developer on a small
scale. He has seen what two developers (Young Lion and Newport
Pacific Development) have done to the City. He can understand why
the City is saying that there are enough apartments and that is why
they are downzoning. He agrees to a certain extent, but not in an
area designated to have that kind of occupancy. The big developers
are getting the property really cheap. He would have to pay
RM-1200 prices with the intentions of building a six unit building,
but after buying the property and looking at what is being built,
it makes no sense building six apartments when others are building
large complexes. He does not see why the zoning should be
changed. The prices were already set at that zoning level and that
is why the big developers did not want to bother with it. The
little guy is being hurt because they do not have the ability or
the backing to do what the large developers can do. His six unit
property is turning into a three unit property and he is losing
about $105,000.
Ronald Omero, 2612 West Lincoln Avenue. He owns property in Area
5. (He submitted a copy of the area map.) The property is fully
developed. It is an RM-1200 property surrounded by RM-2400 along
Philadelphia. Area 5 is predominantly RM-1200 property. Seventy
two percent of the property in Area 5 is RM-1200 property.
Mayor Hunter interjected and confirmed that any downzoning will not
mean that present structures would have to be torn down to be
replaced by single family.
Annika Santalahti. That would be a legal non-conforming use;
however, if a structure were destroyed, say by fire, it could only
be rebuilt under the code as it would stand at the time. If
partially damaged, the property owner could rebuild what they had
before.
Ronald Omero. He understands. However, if it is a non-conforming
piece of property, an owner is restricted from getting premium
financing and would have to go to an outside financing source and
pay a higher interest. Many insurance companies will not insure
except for a higher premium if the property is in a non-conforming
use pattern. The RM-1200 zoning on this property is not going to
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City Hall. Anaheim. California - COUNCIL MINUTES - May 15, 1990, 5;30 P,M.
affect the area. It is fully developed and cannot be developed any
more. He is not asking so that he can further develop his
property, but is asking that the Council not change it, so that he
can have the same benefits as the Council would have in trying to
refinance their properties. He is requesting to have the property
excluded from the reclassification.
Jonathan Borrego. That piece of property is developed with a four
unit project and it was built with a variance granted in 1964.
Even if it burned down, with the zoning as is, the property owner
would not be able to build exactly as it exists right now, without
filing another variance, because of subsequent code changes.
COUNCIL ACTION:
Since there was no further input either in favor or in opposition, Mayor
Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman 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 RESOLUTIONS; The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-167 through 90R-171, both
inclusive)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilman Pickler seconded the motion. MOTION CARRIED.
City Attorney Jack White. He recommended that the areas be broken down into
four separate resolutions.
Councilman Hunter offered Resolution Nos. 90R-167 through 90R-170, both
inclusive, approving General Plan Amendments 279-1, 279-2, 279-3 and 279-5,
Exhibit A Amended. Refer to Resolution Book.
RESOLUTION NO, 90R-167; A RESOLUTION OF THE GITY GOUNGIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE L~ND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AHENDMENT NO. 279-1, EXHIBIT "A (AMENDED)"
RESOLUTION NO. 90R-168: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 279-2, EXHIBIT "A (AMENDED)"
RESOLUTION NO, 90R-169; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 279-3, EXHIBIT "A (AMENDED)"
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City Hall, Anaheim, California - COUNCIL MINUTES - May 15, 1990, 5;30 P.M.
RESOLUTION NO. 90R-170: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 279-5, EXHIBIT "A (AMENDED)"
Before a vote was taken, Councilman Pickler stated he is going to oppose
redesignation of Area 5 and will vote no on that resolution. Relative to the
reclassification, which covers all of the areas, he would like the record to
reflect that he is in opposition to reclassifying only Area 5, but favors
reclassification for areas 1, 2 and 3.
Roll Call Vote on 90R-167 through 90R-169, both inclusive:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
Roll Call Vote on 90R-170:
AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: Kaywood
The Mayor declared Resolution Nos. 90R-167 through 90R-170, both inclusive,
duly passed and adopted.
Councilman Hunter offered Resolution No. 90R-171 for adoption, approving
Reclassification No. 89-90-32. Refer to Resolution Book.
RESOLUTION NO. 90R-171: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kayw00d
The Mayor declared Resolution NO. 90R-171 duly passed and adopted.
179; PUBLIC HF~RING - GENERAL PLAN AMENDMENT NO. 302. RECLASSIFICATION NO.
89-90-53 AND NEGATIVE DECLARATION:
INITIATED BY: City of Anaheim
200 South Anaheim Boulevard
Anaheim, California 92805
LOCATION/REQUEST: The property is approximately 16.4 acres generally bounded
by Water Street to the north, Olive Street to the east, South Street to the
south and the alley east of Anaheim Boulevard to the west. Also including the
area generally bounded by Santa Aha Street to the north, Olive Street to the
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City Hall, Anaheim. California - COUNCIL MINUTES - May 15, 1990, 5;30 P,M,
east, WAter Street to the south and Claudina Street to the west. Excepting
the northerly 360 feet and the easterly 140 feet north of Water Street.
A City-initiated amendment to the Land Use Element of the General Plan
redesignattng subject area from the Medium Density Residential designation to
the Low-Medium Density Residential designation.
A City-initiated reclassification of subject area from the RM-1200, RM-2400
and RS-7200 zones to the RS-5000 or a less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 302
GRANTED (PCg0-101) (5 YES VOTES, 2 ABSENT); Reclassification No. 89-90-53
GRANTED; Negative Declaration approved.
HEARING SET ON:
A public hearing was necessitated by General Plan Amendment No. 302 and is in
connection with General Plan Amendment No. 279-1, 2, 3 and 5. (See previous
public hearing.)
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 3, 1990
Posting of Property May 4, 1990
Mailing to property owners within 300 feet - May 2, 1990
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 26, 1990.
Staff presentation relative to Area 4 was made in conjunction with General
Plan Amendment No. 279-1, 2, 3 and 5.
Mayor Hunter opened the public hearing and asked if anyone wished to speak.
PUBLIC DISCUSSION IN FAVOR: None
PUBLIC DISCUSSION IN OPPOSITION: None
COUNCIL ACTION:
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman 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 titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-172 and 90R-173)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California COUNCIL MINUTES - May 15, 1990, 5;30 P,M.
Councilman Hunter offered Resolution Nos. 90R-172 for adoption approving
General PLan Amendment No. 302, Exhibit A and Resolution No. 90R-173 for
adoption granting Reclassification No. 89-90-53. Refer to Resolution Book.
RESOLUTION NO. 90R-172: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 302, EXHIBIT "A".
RESOLUTION NO, 90R-173; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Resolution Nos. 90R-172 and 90R-173 duly passed and adopted.
179; PUBLIC HEARING - WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO,
3242 AND MITIGATED NEGATIVE DECLARATION;
OWNER:
AGENT:
Coachman/Patel, Partnership
301 North West 63rd Street, Suite 500
Oklahoma City, Oklahoma 73116
Roger Anderson
1663 Sawtelle Boulevard, Suite 240
Los Angeles, California 90025
LOCATION/REQUEST: The property is located at 615 West Katella Avenue and is
approximately 0.54 acre located on the north side of Katella Avenue
approximately 200 feet west of the centerline of Harbor Boulevard.
The request is to permit a 6-story, 130-unit all-suite hotel with waiver of
permitted encroachment into required yard. (Waiver deleted by revised plans.)
ACTION TAMEN BY THE PIANNINC COMMI§§ION: Conditional Use Permit No. 3142
DENIED (PC90-84) (7 yes votes); no action taken on waiver of code requirement;
Mitigated Negative Declaration denied.
HEARING SET ON: A letter of appeal was submitted by Dennis D. Bradford,
authorized representative for the owner, and public hearing scheduled for this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 3, 1990.
Posting of property May 4, 1990.
Mailing to property owners within 300 feet - May 3, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES May 15, 1990, 5;30 P,M.
PLANNING STAFF INPUT: See staff report to the Planning Commission dated
April 9, 1990.
Leonora Sohl, City Clerk. Mr. Bradford telephoned her office shortly after
the hearing was set and advised he would be in Washington, D.C. on the hearing
date and unable to attend the meeting. He has subsequently submitted a letter
requesting a continuance to June 12, 1990. The City Attorney advises this is
not a sufficiently long continuance, since the 45-day Moratorium Ordinance
adopted by the Council would not allow action on June 12, 1990. The City
Attorney recommends continuing the matter to June 19, 1990.
Mayor Hunter asked if anyone was present who would be opposed to such a
continuance; there was no response.
MOTION; Councilman Hunter moved to continue the public hearing on Conditional
Use Permit No. 3242 to Tuesday, June 19, 1990 at 6:00 p.m. Councilman Ehrle
seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED.
108: PUBLIC HEARING - AMUSEMENT ARCADE PERMIT NO. 1005: Submitted was an
application by Conccetta Weinlein to permit a 25 to 30 amusement device arcade
at 2181 West Katella Avenue.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilman
Pickler and Councilman Ehrle at the meeting of April 17, 1990, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 3, 1990.
Posting of property May 4, 1990.
Mailing to property owners within 300 feet - May 1, 1990.
Mr. Michael Weinlein, 1414 Sylvan. They have looked into the
reasons why somebody might disapprove of the arcade and have put
together a few plans they hope will make everybody feel comfortable
about having an arcade in the area. One of the plans would be to
work with groups that sponsor athletics and not drugs, trying to
get peopl~ of young agog started in athletics as opposed to going
down other paths. They also tried to establish an academic awards
program with points from arcade games. He does not have any
information as to why people would be opposed except for the
general things.
Mayor Hunter asked if anyone was present in opposition to the application;
there were a number of people who indicated their presence in opposition.
Mr. Weinlein then answered questions posed by the Council. He will
be one of the people running the arcade and will be on the premises
although not full time. Otherwise his wife and son will be there.
It is a family run business.
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Annika Santalahti, Zoning Administrator. She ran off the addresses
of the people who had been notified of the application, which she
gave to the Council in order for them to be able to plot where the
residents live.
Mayor Hunter asked to hear from those who wished to speak relative to the
amusement arcade.
Anna Nolte, 2158 Midwood Lane. She has a petition signed by 36
residents of the neighborhood impacted by the arcade, who are all
adamantly opposed (made a part of the record).
The arcade does not belong in this residential area. They are
mainly concerned about children and young people. With this type
of enterprise groups gather. This attracts drugs and pushers.
There have been two fatal shootings in the area. They do not want
to escalate such incidents. They are asking that the Council
overturn the approval of the application.
Mike Weinlein. He understands there are people opposed, but feels
if the business is established and run properly, any activity that
has a number of young people in it can help them go in the right
direction. If not done right it can attract the type these people
are talking about. They will try to make sure this does not become
part of the adverse activity in the area. They live very close to
the area and travel it quite often.
COUNCIL ACTION: There being no further persons who wished to speak either in
favor or in opposition, Mayor Hunter closed the public hearing.
Councilman Pickler. He is going to oppose the application. This
is not an area where an amusement arcade belongs. It is the corner
of Brookhurst and Katella and it is heavily traveled . It is also
a residential area. The amusement arcade does not fit the area.
MOTION; Councilman Pickler moved to deny the application for an amusement
arcade (no. 1005) at 2181 West Katella Avenue, finding that approval would be
contrary to the public interest, safety, health, general welfare and morals.
Councilman Ehrle seconded the motion.
Before a vote was taken, Councilman Ehrle stated although he
appreciates Mr. Welnlein's goals of working with young people, he
does not feel this is the right location for the business.
A vote was then taken on the foregoing motion of denial. Councilwoman Kaywood
was absent. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST:
Clarence Mixon, 1138 Lotus Street, Anaheim 92801. He has lived in Anaheim for
almost 40 years. He bought his present home in 1971, which had an addition
built onto it that was not to code. It involves an enclosed patio, 30 feet by
13 feet 10 inches, with doors at each end. The Planning Department approved
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it today, but wants him to pay double to get a permit to make the addition
legal. He does not feel it is right that he has to pay double the permit fees
for something built 25 years ago. The fee is $813 for one of the permits and
$90 for an inspection fee, or a total of $903, which he feels is high.
City Attorney White. The City is required by law and its ordinances to impose
certain fees. The Council, by ordinance, does not have the reserved authority
to waive those fees. He feels perhaps the Building Department should speak to
Mr. Mixon to explain why the fees are what they are. By law the Council does
not have the authority to waive any part or all of the fee.
Mayor Hunter. He explained to Mr. Mtxon that he would have to work with staff
on the issue; Mr. Mtxon clarified that he does not want the fees waived, but
does not want to pay double.
City Attorney White. He recommends that Mr. Mixon talk to the Chief Building
Official (Wayne West ) to see if there is any latitude at that level; Mayor
Hunter stated that Mr. Mixon should indicate that he was sent to staff by the
Council.
Joe White, 809 West Broadway. He would like to invite the Council to come to
the corner of Broadway and Citron Streets to see what the City is doing at
that corner. They are going to widen 95 feet of Broadway, but it has to be
done at an angle, because they could not get any more property from anyone but
just on one lot. There is no reason to widen the street. The amount of
traffic that turns right or left at that intersection is minor. There is
heavy traffic on the street going east in the morning and west at night for
about one hour. The only reason there is a signal there now is because of the
Junior High School facilities that are no longer at the southeast corner.
There is no reason for the widening.
Paul Singer, Traffic Engineer. The corner has dedicated right-of-way and the
improvements being made are part of the rehabilitation project on Broadway for
a continuation of the continuous left turn lane that is going to be installed
between Citron and Harbor. That is the transition to get back into the normal
Broadway and to install left turn lanes for eastbound traffic to separate the
traffic and make it safer. It is a minimal widening and the dedication was
done as part of the bed-and-breakfast conditional use permit. He then
explained for Councilman Ehrle, when the apartments were constructed they
conducted a study. Because of the added dwelling units on that street, the
signal is now warranted even more than before. Today, if they removed the
traffic signal, it would not cause any less or more delay. Because of traffic
safety, they are taking advantage of the existing dedication that was made and
providing the type of circulation that Broadway is using. It is getting more
heavily traveled every year.
Eric Williams, 1346 Claudina. He went to the Anaheim Police Station today to
report a burglary and he almost ended up in jail. He asked who he could
report a burglary to in the City without being offended by the police.
Mayor Hunter. He advised Mr. Williams to get a name from the City Manager.
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Bob DeRobio. He owns a sign company at 556 South Rose Street. He has been
denied a sign permit, due to the moratorium. The sign is for the Lucky Star
Inn at Katella and Harbor. It has been under construction for some time.
They proposed a sign that met the normal criteria and then heard about the
moratorium. He has talked to staff in Planning and the City Attorney's
Office. In the final analysis, he has been told that he cannot install this
sign or any sign until the 45 days are over. The sign takes six to eight
weeks to put together. They are going to have a grand opening for the hotel
on July 4, and without a sign people are not going to be able to find the
hotel. Since the hotel was under construction, is near completion, and the
moratorium was just instituted recently, he is asking that they be able to
build a sign for their customer.
City Attorney White. A public hearing will be scheduled by the Council on
June 12, 1990, concerning the possible extension and/or modification of the
existing interim ordinance in the CR area. One of the difficulties in this
case, it is a free standing sign. The hotel is not prohibited from having
signing on the hotel itself. It was the understanding of the attorney and his
office that the hotel had a conditional use permit which was in error. This
hotel was vested prior to the time that the conditional use requirement came
into being. A building permit was obtained, which indicated a monument type
sign to be included. The Planning Department looked at the proposed sign and
determined it did not fit the Planning Department's criteria for a monument
sign, but a free standing sign. The building permit was denied on the grounds
that the existing interim ordinance would also be applicable to the sign. His
recommendation to the Council, there is a hearing that will be scheduled on
June 12th, and at that time the Council will have before it a series of
recommendations requested from the Planning Department pertaining to possible
modifications or extensions of the moratorium. At that time, this matter can
be considered further.
Councilman Daly. He asked if there was a way to get a report back to the
Council on what to do with projects with uncertain status prior to June 12,
1990.
City Attorney White. He will be happy to commit the Planning Director. If
the Council requests, he knows Mr. Fick will be happy to get that information
to the Council in advance of June 12th or on June §th. The hear£ng will be
scheduled for June 12th and the report will be submitted to the Council on
June 5th. If Mr. DeRobto calls the Planning Department tomorrow morning, he
can get a solid answer relative to the appropriateness of wall signs on the
hotel.
City Manager Ruth stated that staff, at the direction of Council, has been
requested to report back in 30 days. The staff report will be back to the
Council for review as requested.
ADJOURNMENT: Councilman Hunter moved to adjourn. Councilman Ehrle seconded
the motion. Councilwoman Kaywood was absent. MOTION CARRIED. (7:45 p.m. )
LEONORA N. SOHL, CITY CLERK
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