1990/09/18City Hall, Anaheim, California-COUNCIL MINUTES-September 18, 1990. 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
PRESENT: CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
PLANNING DIRECTOR:
ZONING ADMINISTRATOR:
TRAFFIC ENGINEER:
Daly, Ehrle, Pickler, Hunter
Kaywood
James Ruth
Jack White
Leonora N. Sohl
Joel Ftck
Annika Santalahti
Paul Singer
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:30 p.m. on September 14, 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; 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 meet with its Negotiator regarding the possible lease or sale
of land located at 1566 South Douglass Road, Anaheim California, to
Ogden Financial Services Inc. or other entity for a multipurpose
sports and entertainment arena.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
f. 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.
g. City of Anaheim vs. Income Fund - Anaheim Hotel, a California
Limited Partnership - Orange County Superior Court Case No. 63-09-28.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:50 p.m.)
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City Hall, Anaheim, California-COUNCIL MINUTES-September 18, 1990, 5;30 P,M, __
INVOCATION; Pastor Bittner, First Christian Church, gave the invocation.
FLAG SALUTE; Councilman William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
119/114; DECLARATIONS OF WELCOME; Declarations of Welcome were unanimously
adopted by the City Council welcoming Senators from Anaheim's Sister City,
Mito, Japan to be presented to Senator Fukushtro Nukaga and Senator Itsuo
Nomura on Thursday, September 29, 1990 at the Sister City dinner.
119; DECLARATION OF RECOGNITION AND CONGRATULATIONS; A Declaration of
Recognition and Congratulations was unanimously adopted by the City Council
and presented to Christy Ring (10 years old) congratulating her and the
winning team, Amateur Softball Association National 12 and Under Fast Pitch
Tournament. She was accompanied by Robert Wenk, Manager, Orange County
Batbusters.
MINUTES; Approval of the minutes was deferred until the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,139,518.27 for the week
ending September 14, 1990, in accordance with the 1990-91 budget, were
approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolution and ordinance were read by the City Manager. (Resolution
No. 90R-356 and Ordinance No. 5171.)
Councilman Hunter moved to waive the reading in full of the resolution and
ordinance. Councilman Ehrle seconded the motion. Councilwoman Kaywood was
absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Hunter,
seconded by Councilman Ehrle, 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
Resolution No. 90R-356 for adoption and Ordinance No. 5171 for adoption.
Councilwoman Kaywood was absent.
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 Cathy Schonau for property damage sustained
purportedly due to actions of the City on or about May 13, 1990.
b. Claim submitted by Patrtce Brown, a Minor, by and through her
Guardian, James Brown, for bodily injury sustained purportedly due to actions
of the City on or about January 5, 1990.
c. Claim submitted by Michael Holobasky for property damage
sustained purportedly due to actions of the City on or about July 30, 1990.
923
City Hal%, Anaheim, CaltfornSa-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
d. Claim submitted by Richard Steven Theobald for bodily injury
sustained purportedly due to actions of the City on or about May 1, 1990.
e. Claim submitted by Dawn Rene Theobald for bodily injury sustained
purportedly due to actions of the City on or about May 1, 1990.
f. Claim submitted by Selma Nneeleng Moloi for bodily injury
sustained purportedly due to actions of the City on or about August 5, 1990.
Claim submitted by Johnny Cruz for bodily injury sustained
purportedly due to actions of the City on or about February 2, 1990.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meetings held August 22, 1990 and September 5, 1990.
156: Receiving and filing the Anaheim Police Department Crime and Clearance
Analysis for the month of August, 1990.
A3. 150: Awarding a contract to the lowest and best responsible bidder,
J. H. Rives, in the amount of $472,400 for Pearson Park Amphitheatre - sound,
stage and lighting improvements.
A4. 164: Approving a Notice of Completion of the construction of Olive Hills
Drainage Improvements by Western Gunite, Inc., and authorizing the Mayor to
sign and the City Clerk to file said Notice of Completion.
A5. 158: Authorizing the payment of $480 to the owner, Helen Brummel,
pursuant to agreement on file, for the cost of replacement of the sign located
at 745/747 North Anaheim Boulevard - North Anaheim Boulevard Street Widening
Project (R/W 3500-41 and R/W 3500-42).
A6. 123/101: Approving a First Amendment to Agreement with LeRoy Crandall
and Associates, in an amount not to exceed $24,500 for geotechnical
investigation services for the Anaheim Arena. Councilman Pickler voted NO.
A7. 123/131: Approving Local Agency - State Agreement No. 12-5055,
Supplement No. 045, to provide for sharing the cost of the Western Avenue
Street and Storm Drain Federal Aid Urban (FAU) project in the amounts of
$1,246,746 (Federal funds) and $205,154 (City funds).
AS. 160: Accepting the low bid of Nokta Cables L. T., in an amount not to
exceed $488,677.22 for 31,000 feet of 69 KV 2000 KCMIL power cable, in
accordance with bid ~4861.
Ag. 160/156: Waiving Council Policy No. 306 and authorizing the Purchasing
Agent to issue a purchase order to Motorola Communications, in an amount not
to exceed $38,000 for repair and maintenance of Mobile Data Terminals, Network
Controller and Base Station Board at the Police Department for a period of one
year, July 1, 1990 through June 30, 1991.
Al0. 160/150: Accepting the low bid of Saddleback Roofing, Inc., in the
amount of $92,600 plus deck and walk pad replacement, as required, for removal
924
City Hall, Anaheim, Gallfornta-COUNCIL MINUTES-September 18, 1990. 5:30 P.M.
and replacement of existing roof at the Brookhurst Community Center, in
accordance with bid ~4872; and approving an increase in expenditure object
75-252-7107 of $17,600 to use monies held in retained earnings.
Ail. 160/124: Accepting the bid of Dilltngham Roof Company, in the amount of
$130,895 plus deck replacement and walk pads, as required, to remove and
replace the existing roof on the Convention Center Anaheim Room and Arcades,
in accordance with bid #4868; and approving an increase in expenditure object
64-308-7107 of $100,000 to use monies in reserve for major components
refurbishment for this project.
Al2. 160/115: Accepting the Iow bid of Eberhard Roofing Company, in the
amount of $241,000 plus deck and walk pad replacement, as required, for
removal and replacement of existing roof at the Civic Center, in accordance
with bid #4873; and approving an increase in expenditure object 75-252-7107 of
$41,000 to use monies held in retained earnings.
This item was removed by staff at this time.
Al3. 123/175: Approving an Agreement to Form Fuel Cell Commercialization
Group, as recommended by the Public Utilities Board at their meeting of
September 6, 1990, and authorizing the Public Utilities General Manager to
execute said agreement.
Al4. 123/175: Approving the Contract For Gas Service and Addendum with
Southern California Gas Company in order to enable the Gas Company to provide
gas service by September 30, 1990, to support the turbine start-up tests, and
authorizing the Public Utilities General Manager to execute said documents.
Al5. 123: Approving a Fourth Amendment to Exhibition Agreement and Special
Release among the City, the Los Angeles Rams Football Company, Inc., Business
Properties and others relating to football games and game day costs at Anaheim
Stadium. Councilman Pickler abstained.
Al6, 131; RESOLUTION NO, 90R-356; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONSENTING TO THE USE OF PORTIONS OF BEACH BOULEVARD (STATE
HIGHWAY ROUTE 39) FOR THE FREEDOM RUN ON SEPTEMBER 23, 1990.
Al7. 123/156: Approving an Agreement with Community Services Program, Inc.,
in an amount not to exceed $46,812 to provide specialized professional
counseling services to the citizens of Anaheim at the Police Department for
the period of July 1, 1990 throu§h June 30, 1991.
Al8. 150/174: Approving the concept of expending $50,000 of Community
Services Agency funding for a Senior Citizens Transportation project.
(Continued from the meeting of July 17, 1990, Item A25, and September 11,
1990, Item A35.)
This item was removed by staff at this time.
Al9. 101: Waiving the California Angels per capita reimbursement requirement
for military personnel and their dependents for the September 1990, California
Angels home games.
925
City Hall, Anaheim, California-COUNCIL MINUTES-September 18, 1990, 5:30 P.M.
A20. 123: Approving the Tax Allocation Agreement and the Alternative
Provision Agreement with the City of Orange, and authorizing the Mayor to
execute the documents.
A21, 105, ORDINANCE NO. 5170: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 1.04.380 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO OFFICERS AND DEPARTMENTS. (Increasing expense allowance for
Planning Commission members from $50 to $75 per meeting.)
Councilman Hunter stated he was going to vote no on this item.
Councilman Pickler expressed concern at the Mayor's no vote since he did not
recall any opposition to the Ordinance when it was introduced.
Councilman Ehrle. He recalled that the Council was to receive a report
regarding all Boards and Commissions and not just the Planning Commission;
City Manager Ruth reported that staff is working on the report and it will be
submitted shortly.
Councilman Ehrle. He feels it would be appropriate to discuss all Boards and
Commissions at one time and will await that report.
A vote was then taken on the Ordinance and failed to carry by the following
vote:
AYES: COUNCIL MEMBERS: Daly and Pickler.
NOES: COUNCIL MEMBERS: Ehrle and Hunter
ABSENT: COUNCIL MEMBERS: Kaywood
A22, ORDINANCE NO, 5171 - ADOPTION; Amending Chapter 13.12 of title 13 of
the Anaheim Municipal Code relating to street trees. This item was removed
from the Consent Calendar and acted upon separately.
A23, 179/142. ORDINANCE NO. 5175 - INTRODUCTION: AN ORDINANCE OF THE CITY
OF ANAHEIM EXEMPTING CERTAIN DEVELOPMENT PROJECTS FROM THE PROVISIONS OF
ORDINANGE NO. 5119 HERETOFORE ADOPTED BY THE CITY OF ANAHEIM.
R011 Gall Vote on Resolution No. 90R-356:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle Pickler and Hunter:
None
Kaywood
The Mayor declared Resolution No. 90R-356 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED. Councilman Pickler voted No on
Item A6. Councilman Pickler abstained on Item Al5.
A22, 169/142, ORDINANCE NO, 5171 - STREET TREES: Amending Chapter 13.12 of
Title 13 of the Anaheim Municipal Code pertaining to street trees. (Gonttnued
from the meeting of August 21, 1990, Item Al0.) This Ordinance was introduced
at the meeting of September 11, 1990.
926
City Hall, Anaheim. California-COUNCIL MINUTES-September 18, 1990, 5:30 P.M.
Joe White, 908 West Broadway. The Ordinance does not cover everything that
should be covered and then goes too far in other provisions. The people
wanted some place to go to be able to appeal some of the changes that occur.
Instead, the recommendation is to adopt the Ordinance so that there is only
one "czar" to make the decision and no one has any place to go or anything to
say except perhaps they can come to the Council. That was one of the main
objections of the people in attendance at the public meetings held on the
matter. He also addressed the provision relative to interference with the
trees and that it appears the trees are to be trimmed and pruned every 18
months. In practice, nothing was done to their trees on Broadway for
6 years. It is also difficult to know who is in charge and who gives the
orders. If trees are to be maintained every 18 months, then it should be in
writing. He is also concerned relative to cost of service. If service is
requested, there is to be a charge. He feels most of the work should be done
by the City. If there is a charge, it should be for everyone or there should
be no charge. He does not feel this is the appropriate Ordinance since it
does not answer any questions and does not please any of the citizens who
attended the meetings.
Betty Roncont, 1241 South Walnut. She agrees that the Ordinance does not go
far enough in some respects and too far in others. She briefed her areas of
concern - there is no specific time element for trimming of trees which become
overgrown rapidly from suckers and growth and when they are trimmed, they are
cut back drastically. There should be specifics relative to times for street
tree maintenance. Another concern is that the property owner should not be
permitted to trim or do anything to the trees to maintain them but if the
property owner requests the City to trim or prune the tree, then they must pay
for it. These are some things that are not addressed properly in the
Ordinance.
Councilman Ehrle. He requested a continuance on the tree Ordinance issue. If
the Council wants to vote on it tonight, he will register his no vote. He
does not feel there is any need for more laws upon laws especially what he
considers an unenforceable one and an intrusion to private ownership. They
are talking about a tree in the public right-of-way and yet the public is
asked to maintain it but yet can do nothing to control its growth. He knows
the intent but has to agree with the speakers that it is not the right
Ordinance. It is one created for a specific issue which happens to be
Broadway and he is opposed to an Ordinance that addresses Just one street in
Anaheim.
Councilman Daly. His understanding is the purpose is to "beef up" the tree
program City-wide. Some things that have been said may turn out to be true
but steps can then be taken accordingly. This is a comprehensive effort by
the City to plant and nurture parkway trees from one end of the City to the
other. He believes that staff has done the best job possible. If some parts
of the Ordinance prove not to be practical, it would then be appropriate to
reconsider those portions.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5171)
927
City Hall. Anaheim. Galtfornta-GOUNGIL MINUTES-September 18. 1990, 5:30 P.M.
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance No. 5171 for adoption. Refer to Ordinance
Book.
ORDINANGE NO, 5171; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDINGA CHAPTER
13.12 OF TITLE 13 OF THE ANAHEIM MUNICIPAL GODE PERTAINING TO STREET TREES.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Pickler and Hunter
NOES: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: Kaywood
The Mayor declared Ordinance No. 5171 duly passed and adopted.
(179; ITEMS Bi - Bll FROM THE PLANNING COMMISSION MEETING OF AUGUST 27. 1990:
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 18, 1990;
BI,
134; GENERAL PLAN AMENDMENT NO, 313 AND NEGATIVE DECLARATION:
INITIATED BY: City of Anaheim, 200 South Anaheim Boulevard, Anaheim,
Galifornia 92805.
REQUEST: Amendment to the Housing Element of the General Plan to
consider incorporating additional information/clarification requested
by the California Department of Housing and Community Development.
ACTION TAKEN BY THE PLANNING COMMISSION:
General PLan Amendment No. 313 GRANTED (PC90-208) (7 yes votes).
Approved Negative Declaration.
This item was set for public hearing before the City Council on October 2,
1990 necessitated by General Plan Amendment No. 313.
B2, 179, RECLASSIFICATION NO, 90-91-09, WAIVER OF CODE REOUIREMENT.
CONDITIONAL USE PERMIT NO, 3324 AND NEGATIVE DECLARATION: OWNER: Don Caldwell, Southern Pacific
AGENT: Ariel Valli, 15375 Barranca Parkway, Suite 100, Irvtne,
California 92713
LOCATION: Property is approximately 3.3 acres located on the north
side of Broadway approximately 384 feet east of the centerline of
Hessel Street.
REQUEST: To permit a self-storage facility with manager's unit with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 90-91-09 GRANTED (PC90-209) (7 yes votes).
Conditional Use Permit No. 3324 GRANTED (PC90-210) (6 yes votes, 1 no
vote) no time limitation; an 8-foot monument sign; eliminate graffiti
opportunities with appropriate landscaping; construct block fence and
move it back 10 feet from property line.
Waiver of code requirement GRANTED.
Negative Declaration APPROVED.
928
City Hall, Anaheim, Ca~$fornla-C0UNCIL MINUTES-~eptember 18. 1990. 5:30 P.M.
Councilman Daly posed questions to staff relative to the subject which were
answered by Lisa Stipkovich, Executive Director of Community Development, who
reported that the Redevelopment Commission was concerned that technically the
use was not in conformance with the Redevelopment Plan.
A review of the Planning Commission's decision was requested by Council
Members Daly and Pickler, and therefore, a public hearing will be scheduled at
a later date.
B3, 179, CONDITIONAL USE PERMIT NO, 3323 AND NEGATIVE DECLARATION:
OWNER: Lugaro Enterprises Inc., 540 North Magnolia Avenue, Anaheim,
California 92801
AGENT: Randy Smith, 419 Robbie Place, Placentia, California 92670
LOCATION: 460 North Magnolia Avenue. Property is approximately 4 acres
located south and east of the southeast corner of Magnolia Avenue and Crescent
Avenue.
REQUEST: To permit expansion of a commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3323 GRANTED (PC90-211) subject to the
following: That condition nos. 1 and 15 be combined; plant a row of
trees on 40-foot centers along the west property line up to Crescent
Avenue; move trash enclosures away from property line toward the
building. (7 yes votes.)
Negative Declaration APPROVED.
B4, 179, WAIVER OF COUNCIL POLICY NO, 543, WAIVER OF CODE REQUIREMENT.
CONDITIONAL USE PERMIT NO, 3284 AND NEGATIVE DECLARATION:
OWNER: Ishan Investment Interest, 5 Ringbit Road West, Rolling Hills,
California 90274.
AGENT: Tase Company, Inc., Attention: Mike Taleb, 15935 San Miguel,
La Mirada, California 90638.
LOCATION: 2225-2229 East Lincoln Avenue. Property is approximately 0.95 acre
on the north side of Lincoln Avenue approximately 490 feet west of the
centerltne of Paradise Lane.
REQUEST: To permit a 54-unit "affordable" senior citizen apartment complex
with waivers of minimum site area per dwelling unit and maximum structural
height.
Withdrawn by the applicant.
B5, 179, WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO. 3311 AND
NEGATIVE DECLARATION:
OWNER: Htroshi and Iyo Osawa, 6910 Oslo Glrcle, Suite 206, Buena Park,
California 90621
AGENT: Steve Samuelson, 3246 La Ix)ma, Fullerton, California 92635
LOCATION: 3345 East Miraloma Avenue. Property is approximately 4.0 acres
located on the north side of Miraloma Avenue and located approximately 325
feet west of the centerltne of Miller Street.
REQUEST: To permit an auto detail and window tinting shop with waiver of
minimum number of parking spaces.
929
City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit no. 3311 GRANTED (PC90-212) (7 yes votes).
Waiver of code requirement APPROVED.
Negative Declaration APPROVED.
B6, 179, CONDITIONAL USE PERMIT NO, 3327, CATEGORICALLY EXEMPT, CLASS 1;
OWNER: James F. Wong, et al., 635 Carroll Way, Pasadena, California 91107
AGENT: Tanaung Wong, 635 Carroll Way, Pasadena, California 91107
LOCATION: 648 West La Palma. Property is approximately 1.0 acre located at
the south side of La Palma Avenue approximately 300 feet east of the
centerline of Citron Street.
REQUEST: To permit the subdivision of a commercial building in an existing
commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3327 GRANTED (PC90-213) (7 yes votes).
Councilman Daly posed questions to staff relative to the subject which were
answered by the City Attorney and the Zoning Administrator.
City Attorney White explained this is a conditional use permit which will
facilitate or be required in connection with the proposed subdivision. A
separate action would be the approval of the parcel map which goes to the City
Engineer for approval and would allow the subdivision into separate units of
the commercial space within the center.
Councilman Daly. It is a complex site and this would be making it more
complex in terms of regulating it and working with the property owner to
improve that site. Before allowing further subdivtson, he is requesting that
a hearing be scheduled to get to the bottom of the intent relative to the
property.
A review of the Planning Commission's decision was requested by Council
Members Daly and Pickler, and therefore, a public hearing will be scheduled at
a later date.
B7. 179, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3329 AND
NEGATIVE DEGLARATION;
OWNER: Jim Bates, 2816 Eas~ Mlraloma Avenue, Anaheim, Galifornia 9Z806
LOCATION: 2816 East Miraloma Avenue. Property is approximately 0.86 acre
located on the south side of Miraloma Avenue approximately 260 feet east of
the centerline of Blue Gum Street.
REQUEST: To permit an auto repair shop with minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3329 GRANTED (PC90-214) (7 yes votes).
Waiver of code requirement APPROVED.
Negative Declaration APPROVED.
B8, 179, VARIANCE NO, 4080, CONDITIONAL USE PERMIT NO, 3330 AND NEGATIVE
DECLARATION:
OWNER: Burke Commercial Development, 42 Corporate Park, Suite 210, Irvine,
California 92714
930
City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
LOCATION: 1405 South Allec Street. Property is approximately 5.5 acres
located on the west side of Allec Street approximately 800 feet north of the
centerline of Cerritos Avenue.
REQUEST: Waiver of lot frontage and to permit industrially related office
uses.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4080 GRANTED (PC90-215) (7 yes votes).
Gondtttonal Use Permit No. 3330 GRANTED.
Negative Declaration APPROVED.
B9, 179, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 2165 AND
NEGATIVE DECLARATION:
OWNER: GKN Rentals, Attention: Michael Stevens, 4460 East La Palma,
Anaheim, Galifornia 92807-1891.
LOCATION: 4460 East La Palma Avenue. Property is approximately 2.4 acres
located at the southwest corner of La Palma Avenue and Lakeview Avenue.
REQUEST: Amendment to the conditions of approval pertaining to further
extensions of time for an existing equipment rental yard with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2165 GRANTED (PC90-217) for three years,
to expire January 12, 1993, subject to planting bougainvillea in
addition to chain link and slat fencing facing Lakeview; applicant to
either post a bond to cover fees for street lighting or get a design
of the proposed system and an estimate of the cost and allow
applicant to pay the money for future installation (7 yes votes).
Waiver of code requirement APPROVED.
Negative DeclarationAPPROVED.
REPORTS AND RECOMMENDATIONS;
Bi0. 134, ORANGE COUNTY SOCIAL SERVICES AGENCY - REQUEST TO DETERMINE
CONFORMANCE WITH THE GENERAL PLAN:
LOCATION: Property is located at 3320 East La Palma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
DENIED.
City Clerk Sohl announced that a letter was received from Mr. Phil Schwartze,
PRS Group, requesting a two-week continuance. Although the letter refers to
Item Bll on today's agenda, it is actually referring to BIO as noted by the
address. The Gouncil can schedule the matter for discussion in two-weeks if
they wish since the Council is not intended to take any action on the item.
Councilman Pickler asked that the item be removed from the Consent Calendar;
City Attorney White stated that the item would then be scheduled for
discussion in two-weeks, which will have the effect of vacating the Planning
Commission's decision on the matter.
931
City Hall, Anaheim, California-COUNCIL MINUTES-September 18, 1990, 5:30 P.M.
The item was scheduled for discussion at the Council meeting of October 2,
1990.
Bll, 134; ORANGE COUNTY SOCIAL SERVICES AGENCY - REOUEST TO DETERMINE
CONFORMANCE WITH THE GENERAL PLAN - PROPERTY IS LOCATED AT 2040 SANTA CRUZ,
ANAHEIM;
ACTION TAKEN BY THE PLANNING COMMISSION;
Approved.
179; ITEMS B12 - B13 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 10.
1990;
B12,
TENTATIVE TRACT MAP NO, 14185 AND MITIGATED NEGATIVE DECLARATION:
OWNER: Robert D. and Haroldene Wtens, 7536 Vista Del Sol,
Anaheim, Ca. 92808
LOCATION; Property is approximately 11,91 acres located on the east
side of Country_ Hill Road and approximately 33 feet east of the
centerltne of Country Hill Road and Vista Del Sol,
Waiver of minimum lot width to establish a 20-lot plus 1 common lot
RS-HS-22,000 (SC) subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION;
Tentative Tract Map No. 14185 denied, without prejudice.
Disapproved Mitigated Negative Declaration.
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 20. 1990
B13, VARIANCE NO, 3961 AND TENTATIVE TRACT MAP NO. 13991 - REOUEST FOR
EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL:
Thomas Tarbutton requests extension of time for property located at
1261-1271 Lynwood Circle.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied request for extension of time.
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 25, 1990
End of the Planning Commission items. MOTIONR CARRIED.
179; ORDINANCE NO. 5173 ADOPTION: Amending Title 18 of the Anaheim
Municipal Code to rezone property under Reclassification No. 89-90-57 located
at 3238-3302 West Ball Road from the RS-A-43,000 zone to the RM-3000 zone.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5173)
Councilman Pickler moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5173 for adoption. Refer to
Ordinance Book.
932
City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
ORDINANCE NO, 5173: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
GOUNGIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Ordinance No. 5173 duly passed and adopted.
179; ORDINANCE NOS, 5176 AND 5177 - INTRODUCTION: 1) Amending Title 18 to
rezone property under Reclassification No. 88-89-32 located at 1305 and 1307
W. North Street from the RS-10,000 zone to the RS-5000 zone; 2) Amending Title
18 to rezone property under Reclassification No. 63-64-62(30) located at 707
South Webster Avenue from the RS-A-43,000 zone to the RM-1200 zone.
Councilman Pickler offered Ordinance Nos. 5176 and 5177 for introduction.
ORDINANCE NO. 5176: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
ORDINANCE NO. 5177: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 2324 - DELETION OR
AMENDMENT OF A CONDITION OF APPROVAL PERTAINING TO SIGNAGE;
REQUESTED BY:
William A. Torresala
Pan Pacific Hotel
1701 South West Street
Anaheim, California 92802
LOCATION/REQUEST: The property is located at 1701 South West Street (north of
the centerline of Katella Avenue.)
/~e request is for deletion or amendment to a condition of approval pertaining
to signage.
ACTION TAKEN BY THE PLANNING COMMISSION: Recommended denial of deletion or
amendment to a condition of approval pertaining to signage.
A public hearing on the request was scheduled and continued from the meeting
of August 28, 1990 to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 16, 1990.
Mailing to property owners within 300 feet - August 16, 1990.
Posting of property August 17, 1990.
STAFF INPUT: See staff report to the Planning Commission dated July 2, 1990.
933
City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
Mayor Hunter asked if anyone was present to speak to the subject request;
there was no response.
The Mayor then asked if anyone was present to speak either in favor or in
opposition. No one was present.
Councilman Pickler asked if the petitioner was notified of the public hearing;
City Clerk Sohl reported that the petitioner was present at the August 28,
1990 public hearing when the hearing was continued to this date.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and that
there is no substantial evidence that the project will have a significant
effect on the environment. Councilwoman Kaywood was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-357)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-357 for adoption, denying
Conditional Use Permit No. 2324. Refer to Resolution Book.
RESOLUTION NO, 90R-357; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL
USE PERMIT NO. 2324 AS APPROVED BY RESOLUTION NO. 82R-385.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Resolution No. 90R-357 duly passed and adopted.
176. PUBLIC HEARING - ABANDONMENT 89-15A: In accordance with application
filed by Thetlmann Engineers for Hill Williams Development Company, 5500 East
Santa Aha Canyon Road, Suite 211, Anaheim, California 92807, public hearing
was held on proposed abandonment of an easement for storm drain slope purposes
on the east side of Fairmont Boulevard, south of Santa Aha Canyon Road,
pursuant to Resolution No. 90R-319, duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated August 9, 1990 was submitted recommending
approval of said abandonment.
934
City Hall, Anaheim, California-COUNCIL MINUTES-September 18, ~990. 5:30 P.M.
Mr. Richard Santo, Senior Real Property Agent, stated that staff
recommends approval of said abandonment.
Mayor Hunter asked if anyone wished to address the Council; there being no
response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Ehrle, the City Council determined that the
proposed activity falls within the definition of Section 3.01, Class 5, of the
City of Anaheim Guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Councilwoman Kaywood was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following Resolution was
read by the City Clerk. (Resolution No. 90R-358)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-358 for adoption, approving
Abandonment No. 89-15A. Refer to Resolution Book.
RESOLUTION NO. 90R-358: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING THAT CERTAIN EASEMENT FOR SLOPE PURPOSES ADJACENT TO FAIRMONT
BOULEVARD. (89-15A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Resolution No. 90R-358 duly passed and adopted.
107; PUBLIC HEARING - RELOCATION PERMIT: To consider the application of the
Anaheim Redevelopment Agency for a relocation permit in order to move the
Union Pacific Railroad Station (one story, 3300 square feet of building area)
from the present temporary location near Atchison and Cypress Streets to 2~0
South Atchison Street. Submitted was report dated August 20, 1990 from the
Chief Building Official recommending approval of the request.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 6, 1990.
Mailing to property owners within 300 feet - September 6, 1990.
Posting of property September 7, 1990.
Joel Ftck, Planning Director. This is a proposal by the
Redevelopment Agency. The Building Division, as is customary,
has inspected the structure and determined it is capable of
being moved, is of sound quality and, therefore, recommends that
the request be approved.
935
City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
Mayor Hunter opened the public hearing and asked if anyone wished to speak;
there being no response he closed the public hearing.
It was determined that, relative to the CEQA finding, it is already covered in
the addendum to Environmental Impact Report No. 189 and Specific Plan
No. 90-02 (East Center Street Development).
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-359)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Pickler offered Resolution No. 90R-359 for adoption, approving the
request for the relocation permit to move the Union Pacific Railroad Station
building to 210 South Atchison Street. Refer to Resolution Book.
RESOLUTION NO, 90R-359: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A BUILDING MOVING PERMIT TO MOVE A STRUCTURE (FORMER
RAILROAD STATION) TO 210 SOUTH ATCHISON STREET IN THE CITY OF ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Resolution No. 90R-359 duly passed and adopted.
179, PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 2713, ENVIRONMENTAL IMPACT
REPORT NO, 268 (PREVIOUSLY CERTIFIED), MODIFICATION TO CONDITION NOS, 24 AND
36 (RESOLUTION NO, 90R-285);
REQUESTED BY: Louis Drapac
Hutton Development Company, Inc.
201 East Sandpointe, No. 300
Santa Aha, California 92707
LOCATION/REQUEST: The property is located at the northwest corner of State
College Boulevard and Orangewood Avenue.
The request is to modify Condition Nos. 24 and 36 of Resolution No. 90R-285
which amended conditions of approval for Conditional Use Permit No. 2713
(Revised Plans) at the City Council meeting of July 24, 1990.
Conditional Use Permit No. 2713 is to permit a 10-story and 12-story
commercial office complex with waivers of a) minimum number of parking spaces,
b) maximum structural height, and c) minimum landscaped setback.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 6, 1990.
Mailing to property owners within 300 feet - September 6, 1990.
Posting of property September 7, 1990.
936
City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
STAFF INPUT: See staff report dated September 11, 1990 from the Zoning
Administrator, Annika Santalahti, recommending that the City Council direct
the City Attorney to prepare a resolution amending conditions of approval of
Resolution No. 90R-285 as outlined on page 1 of her report.
Joel Fick, Planning Director. He explained that the request
involves technical amendments of 2 conditions imposed in the
original approval, the first (condition 24) requesting the
deletion of the requirement for construction of a block wall
adjacent to the north property line, since the previously
existing railroad tracks have been removed, and the second
(condition 36) correcting the code chapter number from 17.32 to
17.31. Staff concurs with both requested amendments.
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.
Councilman Pickler. He asked if the parking was going to
improve if the project is built out.
Anntka Santalahti. She noted that both Mr. Drapac and the
Traffic Engineer were present to answer questions.
Paul Singer, Traffic Engineer. In each phase, each building
will have structure parking. There will be access from State
College as well as Orangewood. Staff has worked a long time
with the developers in trying to share access with the property
to the north. Parking is adequate for the project.
ENVIRONMENTAL IMPACT REPORT NO. 268 (PREVIOUSLY CERTIFIED); Environmental
Impact Report No. 268 having been reviewed by City staff and recommended by
the City Planning Commission to be in compliance with City and State
~uidelines and the State of Galifornia Environmental Quality Act, Gity Gouncil
acting upon such information and belief, does hereby certify on motion by
Councilman Pickler, seconded by Councilman Ehrle, that Environmental Impact
Report No. 268 is in compliance with the California Environmental Quality Act
and City and State guidelines for this project. Councilwoman Kaywood was
absent. MOTION CARRIED.
MOTION; Councilman Pickler moved to direct the City Attorney to prepare a
Resolution amending conditions of approval of Resolution No. 90R-285
(Conditional Use Permit No. 2713). Councilman Ehrle seconded the motion.
Councilwoman Kaywood was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-360)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
937
City Hall, Anaheim, California-COUNCIL MINUTES-September 18, 1990. 5:30 P.M.
Councilman Pickler offered Resolution No. 90R-360 for adoption, amending
conditions of approval of Resolution No. 90R-285 (Conditional Use Permit
No. 2713). Refer to Resolution Book.
RESOLUTION NO, 90R-360; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 2713 AND AMENDING RESOLUTION NO. 85R-537 AND
904-285 ACCORDINGLY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Resolution No. 90R-360 duly passed and adopted.
179, PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3309 AND NEGATIVE
DECLARATION:
OWNERS: Donald and Barbara Hecht
21945 Cayuga Lane
Lake Forest, California 92630
LOCATION/REQUEST: The property is located at 212 North Dale Avenue. The
property is approximately 0.23 acre located at the southeast corner of Dale
Avenue and Yale Avenue. The request is to permit a preschool with 45 children
with waivers of structural setbacks and yards.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Conditional Use Permit No. 3309 DENIED (ZA90-550).
Negative Declaration APPROVED.
HEARING SET ON:
A letter of appeal was submitted by the owners, Donald and Barbara Hecht and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Published in Anaheim Bulletin September 6, 1990.
Mailing to property owners within 300 feet - September 6, 1990.
Posting of property September 7, 1990.
PLANNING STAFF INPUT: See staff report to the Zoning Administrator dated
July 26, 1990.
APPLICANT'S
STATEMENT:
David Pittman, attorney for the applicant, 2201 East Chapman,
Fullerton. The owners of the property are professional
educators and have operated preschools in the City of Anaheim
since 1988. Their plans for a preschool were approved prior to
purchasing the property and they relied on that approval before
purchasing. The Zoning Administrator gave a number of reasons
for considering the property an unsuitable location for the
938
City Hall, Amahetm, California-COUNCIL MINUTES-September 18, 1990, 5;30 P,M,
preschool. (See Zoning Administrator decision no. ZA90-55). He
then addressed and countered the reasons given which related to
parking and turn-around space, amount of traffic that would be
generated, possible disturbance to adjacent properties, play
area size, and suitability of the property to the proposed use.
The school that his client seeks to place on the property is
presently in business and has been in business for a couple of
years. Until a fire forced its temporary relocation in January,
it was operated at 3301 West Lincoln. He is prepared to submit
as additional proof photographs of a half dozen other preschools
operated in Anaheim with similar parking limitations or worse
limitations. A couple have solved the problem as his client has
proposed. (Later in the meeting Mr. Pittman submitted
photographs showing 7 such preschools in Anaheim as well as
photographs of the proposed preschool at 212 North Dale - made a
part of the record). He concluded, stating that there is no
real valid reason his clients cannot operate a preschool at the
location. They believe the main opposition was generated by
neighbors who presently have a license for a preschool on the
adjacent property and it is the only residential property that
abuts his clients' property.
Councilman Pickler. He noted Mr. Pittman stated they received
approval from the Planning Department; however, there can be no
approval without approval of the Conditional Use Permit.
David Pittman. The plans were approved by the Planning
Department and Traffic Department.
Joel Fick, Planning Director. He assumes that Mr. Ptttman is
referring to having completed the pre-file application or
perhaps the review with interdepartmental staff. Clearly the
fact that a Conditional Use Permit is required warrants or
mandates it is required at the time of Zoning Administrator
approval.
David Pittman. That is probably what he meant - there was an
informal approval or consent.
Mayor Hunter first asked for a show of hands of those present in favor of the
preschool; there were approximately 20. He then asked for a show of hands of
those in opposition; there were approximately 50.
Mayor Hunter opened the public hearing and asked first to hear from those in
favor and then those in opposition, specifically a spokesman for each group.
PUBLIC DISCUSSION - IN FAVOR:
Randy Brown, 3177 Monroe. His son has been attending the
preschool run by the Hechts for 4 years and has learned many
things he has not learned at other babysitters or childcare
centers. The affordability is great. The proposed location is
centralized. There are 17 children in his son's program at
939
City Hall, Anaheim, California-COUNCIL MINUTES-September 18, 1990, 5;30
present. If the preschool has to move from the area, they would
have no place to take their children.
Gary Harris, 134 South Magnolia. His wife is a teacher at the
preschool. If it moves out of the area, she will be out of
work. Her employer inspires the employees. The building the
preschool is in now is not in good shape. The owner is a
wonderful person and he has seen what she has done not only for
the kids but the instructors.
Katherine Bemyer, 704 South Knott, Apartment D1.
of what the preschool has done for her daughter.
hard to find affordable and good daycare.
She is proud
It is very
Trina Postel, 3115 West Ltnda Cita Avenue, Anaheim. She has
taken her son to 2 other daycare centers and they are not
adequate. He is now 2 years old and he likes the facilities and
teachers. They need to have the new facility.
PUBLIC DISCUSSION - IN OPPOSITION:
Mike Calabrese, 2783 Dale Avenue (30 years), across from the
proposed site. (See letter dated September 13, 1990 signed by a
committee of 10 including Mr. Calabrese, which listed the 10
main reasons for their opposition to the proposed preschool.)
He then addressed the residents' concerns and opposition to the
preschool as summarized in the letter and elaborated extensively
on the concerns which revolved around the following: high
density traffic, excessive speeds in the area, noise,
unsuitability of the property because of no safe entrance and
exit, the size and shape is not adequate, no suitable parking
and turn-around, not suitable for on-site trash pickup, safety
of school children who currently use the sidewalk in front of
the preschool as well as senior citizens from Fairwood
Retirement Manor, and the intrusion on the privacy of the
neighbor whose property abuts the proposed preschool play area.
Beverly Schultz, 2780 Yale Avenue (the adjacent property
owner). She first submitted a copy of the license she holds as
a small daycare provider. She cares £or from 1 to 6 children.
She does not have a preschool in her home. It is appalling and
sad when Mr. Hecht does not have enough respect for members of
the Council to submit true information which has been supplied
to him. She is a responsible and law abiding person and in no
way has an unauthorized school in her home. She also addressed
concerns relative to traffic and the accidents that have
occurred on Dale. Further, the offset intersection complicates
the matter even more.
Eugene Schultz, 2780 Yale Avenue. He objects to any waiver of
structural setbacks. Since they are adjacent to the proposed
preschool, they will not only lose peace and quiet but privacy.
He then briefed what took place at the Zoning Administrator
940
City Hall, Anaheim, California-COUNCIL MINUTES-September 18, 1990. 5:30 P.M.
hearing (see ZA decision ZA90-55) as well as portions of the
July 26, 1990 staff report. He also submitted a list of
preschools in the area as well as photographs of 8 preschools
(4 in Anaheim and 4 in surrounding cities) which included facts
on each relating to square footage, parking, setbacks off the
main street, driveways and number and age of children
attending. Another set of photographs was presented of the
proposed preschool site which were contrasted with the other
schools. He also submitted copies of petitions containing 337
signatures opposing the proposed preschool site. He reiterated
the concerns previously expressed.
Mike Reetz, 2776 Yale. He further addressed traffic issues in
the area which included speed and collision problems and also
broached concerns expressed by Mr. Calabrese.
Shelly Reetz, 2776 Yale. She is a teacher at Dr. Albert
Schweitzer School. The neighborhood children who attend
Schweitzer and Dale Junior High all go past the proposed
preschool site. There is a tremendous amount of traffic in
front of that location. She is concerned with the safety of her
children and the children she teaches. The location is not
appropriate for any type of business at all.
(Unidentified speaker), 217 North Dale, directly across the
street. She lives in fear of parents driving up with their
little children and the children running across the street to
get to the preschool. She also submitted a letter written by a
neighbor who could not attend the meeting.
Tom Brown, 324 Coolidge. The Uniform Building Code (UBC)
requires when there is a change of occupancy, the structure has
to conform to the most current UBC. He feels the structure
would need a lot of reconstruction to meet the current code.
SUMMATION BY APPLICANT:
David Pittman. By statements made, it is obvious that Dale is a
heavily traveled street and 45 more cars, if the preschool ever
had that many children, since that is the maximum number, would
not make much of a difference. The comments that the property
is not appropriate and not large enough is determined by a
licensing committee and they say it is adequate. He confirmed
that there will be one teacher for every 12 children. Relative
to those in opposition, someone had to be the instigator and
actively solicit signatures. Mob rule should not determine the
neighbors' property rights. There could be uses on the property
that would result in much more traffic. He apologized to
Mrs. Schultz for the miscommunicatton in Mr. Hecht's appeal
which he intended to point out. Whether 6 or 12 children, the
adjoining property and the principal he was referring to was the
same. The adjoining property and the principal objector has a
daycare center next door and obviously would see the preschool
as a competitor.
941
City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilman Ehrle then posed questions to the Traffic Engineer
relative to the classification of Dale Avenue and other streets
on which preschools were located.
Paul Singer, Traffic Engineer. Dale Avenue is a secondary
arterial and not a major arterial. Other streets were either a
primary highway, modified primary highway, or secondary
arterials.
Councilman Ehrle. It leads him to believe that this is
primarily a residential neighborhood, whereas some of the
pictures submitted with locations such as Knott Avenue are not
residential streets. A statement was made by Mr. Pittman that
the preschools are similar and in his opinion, they are not
similar. He strongly believes in quality preschools but the
issue is one of land use and whether a preschool is an
appropriate use of that corner. Listening to the testimony and
reviewing the documentation, he does not believe it is an
appropriate use of the land. There will be too many children on
a small parcel and there are safety factors involved.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Ehrle, seconded by Councilman Daly, 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 that
there is no substantial evidence that the project will have a significant
effect on the environment. Councilwoman Kaywood was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-361)
Councilman Ehrle moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Ehrle offered Resolution No. 90R-361 for adoption, denying
Conditional Use Permit No. 3309. Refer to Resolution Book.
RESOLUTION NO, 90R-361: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3309.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Resolution No. 90R-361 duly passed and adopted.
942
City Hall. Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
RECESS: By general consent the Council recessed for 10 minutes. (7:40 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilwoman Kaywood. (7:55 p.m.)
179: PUBLIC HEARING CONDITIONAL USE P~RMIT NO, 3247, CATEGORICALLY EXEMPT.
CLASS 3:
OWNER: Norbert A. Waters
12132 Morrie Lane
Garden Grove, California 92640
LOCATION/REQUEST: The property is located at 2501-2525 East Ball Road and is
approximately 1.89 acres located at the northeast corner of Ball Road and
Sunkist Street. The request is to permit a 4400 square-foot addition to an
existing commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3247 GRANTED - delete condition no. 1 in its
entirety (PC90-192) (6 yes votes, 1 vacant seat).
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler and Councilman Daly at the meeting of August 21, 1990 and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 6, 1990.
Mailing to applicants within 300 feet - September 6, 1990.
Posting of property September 7, 1990.
PLANNING STAFF INPUT: See staff report to the Planning Commission dated
July 30, 1990.
Councilman Daly. The reason why he requested the matter be set
for a public hearing was in order for the City to take steps to
ask the applicant to beautify the property in conjunction with
the expansion of his center. One of the Planning Commission
conditions requires screening of roof-mounted equipment on the
existing building and another is landscape refurbishing around
the entire perimeter, the existing portions as well. He asked
what kind of landscape standards are required on the
refurbishing.
Annika Santalahti, Zoning Administrator. There is a 3 foot wide
planter in the front at present including the two 6 inch wide
concrete curbs. It is effectively only a one, 2-foot wide
planter in terms of landscaping area. There would have to be
some kind of bush that will not extend too far in either
direction and it will not be very high. Now, the department has
a staff person whose specialty is landscaping. Condition 19
also requires that the landscaping required between this
property and the residential property to the north also needs to
be upgraded and that does involve trees.
943
City Hal~, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
Mayor Hunter asked to hear form the applicant or agent.
Mr. Norbert Waters, 12132 Morrte Lane, Garden Grove, stated he
was present to answer questions.
Councilman Pickler. He shares Councilman Daly's concerns.
property is right off the freeway and highly visible. The
center leaves something to be desired. Relative to the
shrubbery, he asked Mr. Waters his intentions.
The
Norbert Waters. He was informed by the Traffic Engineer that
the City is considering widening the street. He would have to
first find out the ultimate intent of the City. Whatever needs
to be done he will do relative to landscaping. There is another
issue that the Council may not be aware of. The property
consists of 3 parcels and the corner parcel is in joint
ownership. He owns 50 percent of that parcel which has been
involved in litigation for almost 4 years. This affects his
ability to do things on the property. He has tried to resolve
the matter and has 2 attorneys working on it. As yet, there is
no trial date.
Councilman Ehrle. It is a prime corner. The initial buildings
were fine but when the addition was constructed, the roof lines
did not match and the request is for a third add-on. It is not
an appropriately designed shopping center, especially for this
highly visual intersection. He would have a difficult time
approving the request and if a facelift is going to take place,
it should look like it all belongs as one unit.
Norbert Waters. The roof lines do not match. His intentions,
if the resolution of the law suit is feasible, is to make them
match and to update the older building, but at this time he
cannot do that.
Paul Singer, Traffic Engineer. He explained relative to the
widening of Ball Road, in the Environmental Impact Report for
the arena project, it requires double left turn lanes and,
therefore, it will require an additional 7 foot of
right-of-way. Mr. Waters has a generous parking area, 72 feet
wide and only 60 feet is required. When the City acquires the
additional right-of-way, improvements will have to be
relocated. At that time, there will be a surplus area of 5 feet
instead of 3 feet, thereby providing a 5 foot landscape area.
This could further be expanded by a 2 foot addition to the
landscaping that would be serving as the overhang for the front
wheels of cars. There would be a possibility of installing a 7
foot landscape strip along Ball Road. The City would be
required to landscape at the time it is acquired and move the
improvements. Current parking standards have changed
drastically from the time the center was built.
944
City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
Mr. Waters clarified that the expansion will be a totally
separate building where the old Christmas tree lot was. It will
resemble the existing buildings. He has had inquiries on that
property from Taco Bell, Weinerschnitzel, a coin-operated wash,
car sales and a preschool and has rejected them all. He feels
his proposal would be the least bothersome to the people who
live in the back and create the least amount of traffic and
noise. He confirmed for Councilman Pickler that the partnership
exists on the old building and that the rest of the property,
lots 2 and 3, are owned jointly between him and his wife. Lot 3
is where the new freestanding building is proposed. He cannot
do anything on the first parcel while the lawsuit is pending.
PUBLIC DISCUSSION - IN FAVOR: None.
PUBLIC DISCUSSION - IN OPPOSITION OR COMMENTS RELATIVE TO THE PROJECT:
Frank Wrabel, 2303 East Ball Road. There is a tremendous amount
of traffic during certain periods of the day on that corner.
There is enough room to put another lane alongside the center.
If the center was a little more visible to him he might want to
shop there but he does not do so at present. He feels there
needs to be renovations to the front area.
Dean Moore, 2424 Cliffpark. He commends the Council for their
concern about the beautification of the area. At present it is
an eyesore and it deserves more. He requests that the Council
continue along the same lines and get some improvement on the
property if possible.
Dorothy Mazey, 237 Bagnall. She is the other 50 percent owner
of the first parcel. She has with her a judgment against
Mr. Waters for not keeping the building as the lease requires.
It is in her favor and Mr. Waters has not answered the
judgment. She then submitted the document to the Council along
with related documentation. She has no intentions of letting
Mr. Waters use the driveway on Sunkist or the one driveway on
Ball Road which is half hers. She is not unreasonable and she
iS not wealthy. She has been in litigation on the property for
years. She will not move forward to commence any negotiations
on the property. The reason she got the Judgment is because of
the appearance of the property. It looks like a Junk yard.
Tom Elser, 1176 South Hilda. He thanked the Planning Commission
and Council for their efforts. On September 9, 1990 he took
photographs of the property which substantiate all of the
comments that have been made. He thereupon submitted
photographs of the property bound in a booklet entitled,
Conditional Use Permit No. 3247 Photographic Record of Subject
Property (made a part of the record). He is speaking for
himself and most of the community. The Planning Commission made
some good stipulations that would require cleaning up the
property before a building permit is issued and final approval.
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City Hall. Anaheim. California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
He leaves the decisions with the Council for the benefit of the
community.
Kathy Douglas, 1184 South Hilda. She lives directly behind what
is planned to be the number three building. Parking spaces are
marked off right behind her back yard. She is anxious to see
the property improve. For the past 6 years, there were supposed
to be improvements but it has continually gone downhill.
SUMMATION BY APPLICANT:
Norbert Waters. The property according to the records was zoned
commercial in 1969. The surrounding homes were built at a later
period. The people who purchased the property should have
realized there was going to be a development on the property.
They could have purchased the property themselves and developed
it before he came along.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilman Daly. Based on the track record of the shopping
center and what he finds are "skimpy" plans, as well as a lack
of his own confidence that the building will be an asset to the
corner and center and that the center is going to be improved,
along with legal concerns, he is going to move against the
Conditional Use Permit.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilman
Daly, seconded by Councilman Ehrle, the City Council ratified the
determination that the proposed activity falls within the definition of
Section 3.01 Class 3, of the City of Anaheim guidelines to the requirements
for an Environmental Impact Report and is, therefore, categorically exempt
from the requirement to file an Environmental Impact Report. Councilwoman
Kaywood was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-362)
Councilman Daly moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Daly offered Resolution No. 90R-362 for adoption, denying
Conditional Use Permit No. 3247. Refer to Resolution Book.
RESOLUTION NO. 90R-362; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3247.
Roll Call Vote:
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City Hall. Anaheim. California-COUNCIL MINUTES-September ~8, 1990, 5;30 p,M,
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Resolution No. 90R-362 duly passed and adopted.
179, PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO, 3297 AND NEGATIVE DECLARATION, WAIVER OF COUNCIL POLICY NO, 543;
OWNER: Ramona Pfei1 Etal
791 South Brookhurst Street
Anaheim, California 92804
AGENT: Massoud Monshizadeh
1524 Victoria Way
Placentia, California 92670
LOCATION/REQUEST: The property is located at 935 South Gilbert Street and is
approximately 1.56 acres located on the west side of Gilbert Street and
85 feet on the north side of Ball Road. The request is to permit an 85-unit
senior citizen "affordable" apartment complex with waivers of structural
setback and yard requirement and minimum building site area.
ACTION TAKEN BY THE PLANNING COMMISSION;
Conditional Use Permit No. 3297 GRANTED - subject to decorative block wall
with wrought iron and to be graffiti resistant; and add security gates to both
parking areas (PC90-193) (6 yes votes, 1 vacant seat).
Waiver of code requirement APPROVED.
Waiver of Council Policy No. 543 APPROVED.
Negative Declaration APPROVED.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Daly at the meeting of August 21, 1990 and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 6, 1990.
Mailing to property owners within 300 feet September 6, 1990.
Posting of property September 7, 1990.
PLANNING STAFF INPUT: See staff report to the Planning Commission dated
July 30, 1990.
Councilman Daly. Councilwoman Kaywood is not present and he and
Councilwoman Kaywood requested that the matter be set for a
public hearing. He has had an opportunity to talk with staff as
well as to review the site plan in detail. He has had all of
his questions answered to his satisfaction.
Mayor Hunter opened the public hearing and asked if anyone wished to speak,
specifically if anyone was present to speak in opposition; there was no
response.
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City Hall, Anaheim, California-COUNCIL MINUTES-September 18. 1990. 5:30 P.M.
The applicant, Massoud Monshtzadeh, was present and indicated he
had nothing to add.
COUNCIL ACTION:
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 that
there is no substantial evidence that the project will have a significant
effect on the environment. Councilwoman Kaywood was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-363)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. Councilwoman Kaywood was absent.
CARRIED.
MOTION
Councilman Hunter offered Resolution No. 90R-363 for adoption, granting
Conditional Use Permit No. 3297 subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 90R-363: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3297.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
None
Kaywood
The Mayor declared Resolution No. 90R-363 duly passed and adopted.
ITEMS OF PUBLIC INTEREST;
Dr. Howard Garber. They have asked by letter and phone on several occasions
to be put on the formal agenda. They represent a sizeable coalition and are
present representing veteran's groups under the banner of The Pearl Harbor
Commission. They want to stop America bashing, Anaheim Public Library bias as
well as library bias all over the nation. He then referred to the 2 books
given to the Anaheim Public Library to be placed on the shelves but which have
not been placed there nor has an answer been received from the Library
Director or the Council as to the reason why. The books relate to what they
consider the true story revolving around the Japanese and Japanese internment
at the time of the second world war.
The following people then spoke relative to and in support of Dr. Garber's
request, some recounting Japanese activities in World War II and urging the
incorporation of the books on the shelves of the Anaheim Library: A. Beal,
Immediate Past Commander, American Defenders of Bataan and Corregador,
W. Sntezko, Past Commander, American Defenders of Bataan and Corregador,
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City Hall, Anaheim, California-COUNCIL MINUTES-September 18, 1990. 5:30 P.M.
Mary Dindorff, Auxiliary President, Southern California Chapter of
Ex Prisoners of War, and Jerome Greenblatt, Vice Commander, Jewish War
Veterans.
ADJOURNMENT: By general consent the Council adjourned, Councilwoman Kaywood
was absent. (8:53 p.m.)
LEONORA N. SOHL, CITY CLERK
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