1990/11/13City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
COUNCIL MEMBERS: Pickler
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DEPUTY CITY ENGINEER: Art Daw
TRAFFIC ENGINEER: Paul Singer
ZONING ADMINISTRATOR: Annika Santalahti
FIRE MARSHAL: Mike Doty
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:00 p.m. on November 9, 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
Co. vs. City of Anaheim, Orange County Superior Court Case No.
40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al.,
Orange County Superior Court Case No. 44-81-74; Cities vs. Southern
California Edison USDC No. CV 78-810 MRP; Graham vs. City of Anaheim
et al., Orange County Superior Court Case No. 53-62-38.
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).
1061
£9I
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
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.
AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members
being present with the exception of Councilman Pickler, and welcomed those in
attendance to the Council meeting. (6:28 p.m.)
INVOCATION: Captain Huttenlocker, Salvation Army, gave the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Bible Week in Anaheim, November 18-25, 1990,
Hospice Month in Anaheim, November, 1990,
Pastor Stief accepted the Hospice Month proclamation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council and presented to William J. Ports, retiring Police
Officer, for almost 22 years of service to the City. Officer Ports was
accompanied by his wife. Mayor Hunter, Council Members and Police Chief Molloy
personally congratulated Officer Ports thanking him for his years of service to
the community.
119: DECLARATION - OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Delbert J. Wade,
retiring Police Lieutenant, for almost 29 years of service to the City. Mayor
Hunter, Council Members and Police Chief Molloy personally congratulated
Officer Wade thanking him for his years of service to the community.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held August 28, October 16 and the adjourned minutes of October 26,
1990. Councilman Ehrle seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,093,396.99, in
accordance with the 1990-91, budgets were approved.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Manager. (Resolution Nos. 90R-402 and 90R-403)
Councilman Hunter moved to waive reading of the Resolutions. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CAT.RNDAR: On motion by Councilman Hunter,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
1062
City Hall, Anaheim, California - COUNCIL MINUTES - November 1.3, 1990, 5:30 P.M.
Council Member and as listed on the Consent Calendar. Councilman Hunter
offered Resolution Nos. 90R-402 and 90R-403 for adoption. Refer to Resolution
Book.
Al. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Mark Suggs for property damage sustained
purportedly due to actions of the City on or about September 10, 1990.
b. Claim submitted by State Farm as Subrogee for Pamela Sears for
property damage sustained purportedly due to actions of the City on or about
June 11, 1990.
c. Claim submitted by Don & Joan Thompson for property damage sustained
purportedly due to actions of the City on or about September 27, 1990.
d. Claim submitted by Nadim Melki for bodily injury sustained purportedly
due to actions of the City on or about August 28, 1990.
e. Claim submitted by Judy Marburger for property damage sustained
purportedly due to actions of the City on or about September 17, 1990.
f. Claim submitted by Douglas E. Lenconi for property damage sustained
purportedly due to actions of the City on or about October 2, 1990.
g. Claim submitted by Joyce V. Bishop for property damage sustained
purportedly due to actions of the City on or about October 3, 1990.
h. Claim submitted by Thanh Klm Nguyen for property damage sustained
purportedly due to actions of the City on or about September 27, 1990.
i. Claim submitted by Albert H. Buckman for property damage sustained
purportedly due to actions of the City on or about October 2, 1990.
j. Claim submitted by Karina Barajas, a minor by her guardian, Celia
Barajas, for property damage sustained purportedly due to actions of the City
on or about August 9, 1990.
k. Claim submitted by Christy Borras for property damage sustained
purportedly due to actions of the City on or about July 5, 1990.
1. Claim submitted by Jon McLean for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
m. Claim submitted by Tina Barnes for bodily injury sustained purportedly
due to actions of the City on or about August 15 and August 28, 1990.
n. Claim submitted by Belinda N. Alwine for property damage sustained
purportedly due to actions of the City on or about September 17, 1990.
1063
99I
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
A2. 150: Awarding the contract to the lowest and best responsible bidder,
Enwel, Inc., in the amount of $108,324 for expansion of the Therapeutic Center
at Maxwell Park.
A3. 150: Awarding the contract to the lowest and best responsible bidder,
Sadegh Ghashghaie, in the amount of $103,000 for Modjeska Park Picnic Shelter.
A4. 151: Approving an Encroachment License Agreement with Hill Williams
Development Co., for an encroachment for retaining walls and driveways across
storm drain easements located within Tract 13716.
A5. 123: Approving a Right-of-Way/Right-of-Entry Agreement with Regal-Beloit
Corporation for a 666 square foot parcel of land (portion of Assessor's Parcel
No. 267-151-02) - R/W 3500-84 North Anaheim Boulevard Street Widening Project;
authorizing the Mayor and City Clerk to execute said agreement; and
authorizing the acquisition payment of $13,319 to Regal-Beloit Corporation.
A6. 169: Extending the contract completion date by seven days, assessing
liquidated damages in the amount of $550 and approving a Notice of Completion
of the construction of Brookhurst Street Improvements from Lincoln Avenue to
Orange Avenue by Vernon Paving Company, and authorizing the Mayor to sign and
the City Clerk to file said Notice of Completion.
A7. 160: Accepting the low bid of S. J. Russo & Associates, in the amount of
$89,872.12 for furnishing and installing kitchen equipment at "Dad Miller"
Golf Course Clubhouse, in accordance with Bid $4869.
AS. 175: Accepting the low bid of, and approving an agreement with S.D.
Myers, Inc., in the amount of $107,203 for PCB disposal and retrofilling of
PCB transformers for a period of one year, with options for extension of a
second year (in accordance with Bid $4801).
A9. 123: RESOLUTION NO. 90R-402: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION
PERTAINING TO A METHANOL FUEL FLEXIBLE VEHICLE DEMONSTRATION PROGRAM AND
AUTHORIZING THE CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO ACQUIRE SUCH
VEHICLES FOR THE CITY.
160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue
purchase orders for two Chevrolet Lumina and two Ford LX Crown Victoria
automobiles at a total cost not to exceed $70,000 to dealers as identified by
the California Department of General Services.
Al0. 123: Approving an agreement with IT Corporation, in an amount not to
exceed $58,036 for the preparation of the City's Source Reduction and
Recycling Element, in response to a Request for proposal dated July 7, 1990
(as mandated by AB 939).
106: Appropriating funds for the agreement by approving a transfer of $58,036
from the Sanitation Fund Retained Earnings account number 60-3899 to the Solid
Waste Disposal Contract Services account number 60-235-6340.
S9 ! 1064
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
159= Designating the Department of Maintenance responsible for the
preparation and submission of the City's Source Reduction and Recycling
Element, in accordance with Assembly Bill 939.
All. 125: Waiving Council Policy 306 and authorizing the Data Processing
Director to enter into a purchase agreement with Hitachi Data Systems, in the
amount of $44,094 for additional Direct Access Storage Devices and an
associated controller in order to store critical information used by City
Departments.
152= Authorizing the Data Processing Director to enter into an agreement with
Hitachi Data Systems, in the amount of $8,640 per year for Maintenance on the
above equipment.
Al2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held October 31, 1990.
A13. 123: Approving a First Amendment to Agreement with Anaheim Family YMCA
in order to modify the contract schedule for disbursement of funds ($2,000
11/13/90, $2,000 2/1/91, and $3,000 6/28/91).
A14. 123: Ratifying the Tax Allocation Agreement with the City of Orange,
with the additional wording requested by the City of Orange, (pertaining to
proportionate distribution of certain property tax revenues and potential
transient occupancy tax revenue generated with regard to the commercial/office
project proposed by IDM). Authorizing the Mayor to execute the document.
Al5. 158: RESOLUTION NO. 90R-403: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES AND INTERESTS THEREIN.
Al6. 123: Approving a First Amendment to Lease Agreement with Phoenix Club
German Association of Orange County, which reflects a revised termination date
in order to meet certain Arena related construction requirements, and
authorizing the Mayor and City Clerk to execute said Lease.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NO~ ~OUN~IL M~MB~R~:
ABSENT:COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-402 and 90R-403 duly passed and adopted.
End of Consent Calendar. Councilman Pickler was absent. MOTIONS CARRIED.
105: APPOINTMENT TO THE HOUSING AUTHORITY COMMISSION BOARD AND COMMUNITY
REDEVELOPMENT COMMISSION: (1) Appointment to the Housing Commission Board to
fill the current vacancy for Tenant Commissioner left by Michael Gordon - term
expires June 30, 1992. (2) Appointment to the Community Redevelopment
Commission to fill the unscheduled vacancy left by Donna Berry - term expires
June 30, 1994.
1065
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M
Councilman Hunter moved to continue the subject appointments for two weeks for
full Council action. Councilman Ehrle seconded the motion.
Before a vote was taken, Councilwoman Kaywood stated she is concerned with the
vacancy on the Redevelopment Commission since so much is happening in the
Redevelopment area at this time.
A vote was then taken on the foregoing motion. Councilman Pickler was
absent. MOTION CARRIED.
179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 90-91-07, WAIVER OF CODE
REOUIREMENT - CONDITIONAL USE PERMIT NO. 3307 AND NEGATIVE DECLARATION:
OWNER:
C. A. Bonnett
10990 Warner Avenue, #D,
Fountain Valley, Ca 92708
AGENT:
Monnh L. Hanna and Nabil W. Sidares
13681 Glenhaven Dr.,
Garden Grove, CA 92643
LOCATION/REQUEST: The property is located at 3010 West Lincoln Avenue and is
approximately 1.59 acres located at the southwest corner of Lincoln Avenue and
Beach Boulevard. The request is to permit a 2,400 square-foot mini-market
with fast food in an existing commercial retail center with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-07
approved (PC90-181) (5 yes votes, 1 absent, and 1 vacant); CUP No. 3307
approved (PC90-182); waiver of code requirement approved; Negative Declaration
approved.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Pickler at the meeting of July 24, 1990. This matter
was continued from the meetings of September 11 and September 25, 1990, to
this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 30, 1990.
Pos%lng o~ property August 30, 1990.
Mailing to property owners within 300 feet - August 31, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 16, 1990.
Mayor Hunter asked if the applicant or applicant's agent was present; there
was no response. He asked to hear from Councilwoman Kaywood who, along with
Councilman Pickler, set the matter for a public hearing.
Councilwoman Kaywood. She was concerned with the requested parking waiver and
asked to hear from the Traffic Engineer.
1066
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Paul Singer, Traffic Engineer.
The parking waiver was approved by the Planning Commission and
recommended by his Department. He does not feel there will be a
problem.
COUNCIL ACTION:
There being no one present who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
City Clerk Sohl reported that she had attempted to contact the applicant by
telephone but was unable to do so.
Councilwoman Kaywood.
She would like a condition added relative to clean up as imposed on
other such businesses with fast foods.
Annika Santalahti, Zoning Administrator.
The Conditional Use Permit does not have any special condition. Staff
has before asked for refurbishing and upgrading of landscaping on a
piece of property. If the CUP is approved, a condition can be added
relative to clean up of the site.
Councilwoman Kaywood.
When fast-foods are involved in the past the Council has required
clean up in some instances. She would li~e to see such a condition
added.
Annika Santalahti,
She suggested if the Council does not approve the CUP, staff would
still like the Council to approve the reclassification going from
heavy commercial to limited commercial which is desirable from the
City's point of view. Regarding landscaping, she can include in a
single condition that landscaping be upgraded and maintained and that
the business be responsible for any additional maintenance on site if
the fast food causes a problem.
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
t0~ether wi%h any eommen%~ received during She 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. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-404 and 90R-405 for adoption)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilwoman Kaywood seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
1067
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Councilman Hunter offered Resolution No. 90R-404 for adoption, approving
Reclassification No. 90-91-07; and Resolution No. 90R-405 for adoption,
granting Conditional Use Permit No. 3307 with an added condition - that
landscaping be upgraded and maintained and that the business be responsible
for any additional maintenance on site if the fast food causes a problem.
Refer to Resolution Book.
RESOLUTION NO. 90R-404: 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.
RESOLUTION NO. 90R-405: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3307
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT:COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-404 and 90R-405 duly passed and adopted.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2973 AND NEGATIVE
DECLARATION (PREVIOUSLY CERTIFIED):
OWNER: Orkin Inc., c/o Thrifty Oil Co.
Attn: A.W. Johnson Jr.,
10000 Lakewood Blvd.,
Downey, CA 90240
LOCATION/REQUEST: The property is located at 304 S. Magnolia Avenue and is
approximately 0.52 acre located at the southeast corner of Broadway and
Magnolia Ave. The request is to amend conditions of approval to allow
off-sale beer and wine at a gasoline service station.
ACTION T~dfEN BY THE PLANNING COM~4ISSION: Conditional Use Permit No. 2973
denied (PC90-231) 6 yes votes, 1 no vote).
HEARING SET ON:
A letter of appeal dated October 15, 1990 was submitted by the owner, A. W.
Johnson, Jr. This matter was continued from the meeting of October 16, 1990
to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 4, 1990.
Posting of property October 4, 1990.
Mailing to property owners within 300 feet - October 4, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 10, 1990.
Mayor Hunter asked to hear from the applicant, or applicant's agent.
I9I
1068
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
APPLICANT'S
STATEMENT:
Mr. A1 Johnson, Construction Coordinator, Thrifty Oil Co.
He is requesting a vote of the Council in support of the
amendment to the existing use permit to allow the sale of beer
and wine for off-site consumption. Thrifty Oil is the owner of
the property and have been since the 1970's. The property was
leased to Circle K in 1986 or 1987 and they subsequently built
the current facility but have since filed bankruptcy. Thrifty is
again in possession of the service station. Thrifty has been in
the convenient store business since 1979 and are running 110
stores at this time. They are successful through strong
management and controls. Their goal is to provide customers with
the opportunity to purchase motor fuels, food, sundry items,
snack items and beverages all at one location including the sale
of beer and wine. It is their intent to offer the public the
convenience and environmental savings inherent with one-stop
shopping. It is an extremely competitive business and they must
be able to compete on an equal basis with their competitors,
other major oil companies, chain stores, etc. who sell beer and
wine. Without the sale of beer and wine they are missing a major
component of a full line of products necessary for significant
profits. They need the Council's support to be able to compete
on an equal basis with convenient stores and the many independent
operators in the area.
Councilwoman Kaywood.
When Thrifty originally applied for the CUP, it was granted with
the specific condition that there be no beer and wine sales. It
concerns her when a mini market comes in with a gas station and
at that time states there will absolutely be no beer and wine and
subsequently after the business is established ask to have the
sale of beer and wine. The residents are objecting to another
place selling alcoholic beverages at the intersection of Magnolia
and Broadway. Mr. Johnson in his presentation pointed out the
many places already selling beer and wine which are reasons not
to add more. Further, she has always contended that alcohol sold
with gasoline gives a mixed message to young people in
particular. Thrifty said they did not need beer and wine at the
time and she does not know what the change would be now.
A1 Johnson.
The CUP was obtained by Circle K and not Thrifty Oil. Thrifty
more than likely would not have proceeded with a store in that
location without a beer and wine license since they know the
vital part it plays in the success of the business. It is
necessary to compete with the competition in the area. There is
no survey or proof that there is any relationship between drunk
driving and alcohol sales at convenience stores. Less than one
percent of customers come into the store to buy gasoline and
alcoholic beverages.
1069
09I
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
PUBLIC DISCUSSION-
IN FAVOR:
None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Frank Aylesworth, 220 Aaron Place, located within 100 yards of
the intersection. There is a 7-Eleven directly across the street
that sells beer and wine. The area is adequately served by
off-sale beer and wine. Although the "jury" is still out on the
driving and alcohol story, he feels they should leave the
7-Eleven with alcohol and Thrifty with gasoline. He is not
opposed to alcohol but feels that sales can be limited.
Councilwoman Kaywood covered the rest of the points he would have
made.
SUMMATION BY APPLICANT: A1 Johnson.
If they are granted the beer and wine, it is not going to
increase the use. It will simply rearrange the amount of sales
from existing stores. Adding a store to an area does not expand
the use but simply makes for a division of sales. They feel
strongly they need an opportunity to compete. Thrifty has a good
record in that location. There are no loiterers, etc. It is a
location that can be built to the standards the Police Department
is looking for.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
Councilwoman Kaywood.
The location is on the same intersection as the Holiday Spa which
has a tremendous amount of traffic. It is also across from the
Maxwell School, the Library and a major park. It is an area that
should not have additional alcohol sales.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, se¢0nded by Councilwoman Kayw00d, the City Council
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. Councilman Pickler was absent.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-406)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
1070
City Mall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Councilman Hunter offered Resolution No. 90R-406 for adoption, denying
Conditional Use Permit No. 2973. Refer to Resolution Book.
RESOLUTION NO. 90R-406: A RESOLUTION OF THE CITY COUNCIL OF TME CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL
USE PERMIT NO. 2973 AS APPROVED BY RESOLUTION NO. PC88-17.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Ehrle, Kaywood and Hunter
Daly
Pickler
The Mayor declared Resolution No. 90R-406 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT NO. 90-14A: In accordance with application
filed by D & D Development Company, Inc. 711 East Imperial Highway, Ste. 200,
Brea, CA 92621, public hearing was held on proposed abandonment of a parcel of
City-owned excess land south of Lincoln Avenue between Kingsley Street on the
west bank of the Santa Ana River, pursuant to Resolution No. 90R-374, duly
published in the Anaheim Bulletin and notices thereof posted in accordance with
law.
Report of the City Engineer dated October 2, 1990 was submitted recommending
approval of said abandonment.
Mr. Richard Santo, Senior Real Property Agent, recommended approval of the
subject 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 Councilwoman Kaywood, the City Council ratified the
determination of the City Engineer 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. Councilman Pickler
was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-407)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-407 for adoption, approving
Abandonment No. 90-14A. Refer to Resolution Book.
1071
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
RESOLUTION NO. 90R-407: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PARCEL OF CITY-OWNED EXCESS LAND SOUTH OF LINCOLN AVENUE
BETWEEN KINGSLEY STREET ON THE WEST BANK OF THE SANTA ANA RIVER.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-407 duly passed and adopted.
170: REHEARING - TENTATIVE TRACT MAP NO. 14334 AND NEGATIVE DECLARATION:
OWNER:
Craig & Sharon Painter
7671 Corto Road,
Anaheim, CA 92808
AGENT:
Anacal Engineering Company
1900 E. La Palma Avenue, Ste. 202,
Anaheim, CA 92803-3668
LOCATION/REQUEST: The property is located at 371 Timken Road. The property is
approximately 2.56 acres located at the terminus of Timken Road. The request
is to establish a 5-lot, RS-HS-22,000 (SC) zone subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14334
approved; (4 yes votes, 1 no vote, 1 absent, and 1 vacant.); 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 July 24, 1990, and public hearing
scheduled September 11, 1990. At the September 11, 1990 meeting, the Council
approved Tentative Tract Map No. 14334 subject to all the conditions
recommended by the City Planning Commission and an added condition requiring an
irrevocable offer of dedication for the riding and hiking trail easement.
Subsequently, at its meeting of October 2, 1990, the City Council approved a
request for a rehearing on the subject submitted by Farano & K£evlet on behalf
of Dean Hesketh, owner and resident of the property located at 330 Timken Road.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 1, 1990.
Posting of property October 31, 1990.
Mailing to property owners within 300 feet - November 2, 1990.
PLANNING STAFF INPUT:
See original Staff Report to the Planning Commission dated July 16, 1990.
(Also see minutes of the Anaheim City Planning Commission dated July 16, 1990
and City Council minutes of September 11, 1990).
1072
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Craig Painter.
He is the owner of the subject property. He is present on his
behalf and the approval of Tentative Tract No. 14334 as
previously approved.
Mayor Hunter.
The Council is fully apprised of this item since it was the
subject of a full-blown public Hearing on September 11, 1990 (see
minutes that date). A rehearing has been requested.
Mr. Tom Kieviet, Farano & Kieviet.
The request for a rehearing was made on behalf of Mr. Dean
Hesketh. Before proceeding he notes that a full Council is not
present. In view of the importance of the issue with respect to
his client, he is asking if the Council would consider a
continuance so that the matter could be heard by a full Council.
It was first determined that approximately eight people were present on the
matter and upon questioning by the Mayor, that several would be opposed to a
continuance.
Mayor Hunter.
He would be averse to a continuance. The Council already has a
great deal of information on the issue as well as having held an
extensive public hearing. The City Attorney is going to be
advising the Council. He (Hunter) is inclined to proceed with
the hearing tonight. The majority of the people present on the
matter do not want a continuance.
Councilman Daly.
If this was the first time the issue had been heard, he would
agree with having a full Council present. He feels at this time
it is incumbent that the public hearing proceed.
Tom Kieviet.
The rec~aestor is ready to go forward. Mr. Hesketh is not
opposing the proposed subdivision but is asking that a condition
be imposed that would require not a standard road but an
emergency access road only for emergency vehicles. (Also see
letter dated September 17, 1990 from Mr. Kieviet requesting the
rehearing and outlining in detail the purpose of the request).
Mr. Kieviet working from the posted parcel map and aerial photo
of the area showed the 5-lot subdivision. (He also submitted a
booklet containing a map of the subdivision as well as photos of
the area, some of which showed fire damage that had occurred in
the area in the past - made a part of the record). The principal
concern is that the subdivision will close off the emergency
access provided in years past from the end of Timken Road,
through Corto and out to Mohler Drive. (He also asked that the
video shown at the public hearing on September 11, 1990 as well
as the evidence and information provided at that time be
incorporated into this rehearing request; City Attorney White
stated that it would be so incorporated). If the subdivision is
1073
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
developed as proposed, the only way out will be through Timken
Road all the way up through Mohler Drive. It is noted on the
parcel map that there is a 20-foot wide utility easement through
the property that would serve as adequate access for emergency
vehicles and an escape route since it cannot be built on in any
case. He then read excerpts from a letter by Fire Marshal Dory
which was presented for the last hearing in which the Fire
Marshal stated that "...ideally, a second way out should be
provided for residents of Timken Road..." Mr. Kieviet addressed
other issues relative to circulation, length of cul de sac
streets, the requirement that the consent of all property owners
on Timken and Corto would be necessary to have an emergency
access road, etc. He reiterated and emphasized that the request
is for emergency access only and that a condition of the
tentative tract be imposed that requires an emergency access road
through the subdivision between Timken and Corto.
Mayor Hunter asked the City Attorney to respond if such a
condition was imposed by the City on the subdivision what effect
that would have on the City.
City Attorney White.
The hearing is one regarding a 5-lot subdivision and not a
hearing on whether or not an emergency access connecting Timken
and Corto is necessary or desirable for the residents that live
in the area or on Timken. The legal issue is whether there is a
reasonable relationship between the proposed subdivision of the
property into 5 lots and the dedication of the emergency access
road to the City as requested by the proponents. If the City
Council finds that the answer is yes, then the Council can
legally impose as a condition of the subdivision the requirement
for the dedication of that emergency access. He then cited the
landmark case on dedication of right-of-way wherein the United
States Supreme Court established a two-prong test by which to
judge all conditions requiring such dedications of right-of-way -
(1) does the type of condition imposed address the same type of
impact caused by the development and, (2) is the condition
reasonable and fair relative to the burden created by the
development. The question in his view to be asked of Mr. Kieviet
and the proponents of the secondary emergency access is, with the
understanding that the owner could go out tomorrow and build a
wall stretching around the perimeter and effectively cut off all
access and keep the subdivision one lot, where is the need for
the emergency access created by the division of the one lot into
five building sites. That is the evidence the Council needs to
have if it is to justify requiring as a condition of the
subdivision a secondary emergency access across the property
without the use of the power of eminent domain and without paying
just compensation to the owner. The burden here is really upon
the proponents to establish why dividing this from one building
site into five buildings sites creates the need for this access.
1074
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Tom Kieviet. The proposal is adding five lots, two of which are
"dumping" onto Corto and three of which will now be accessing
Timken Road in addition to two other lots which were recently
permitted in the past by the same subdivider. There will be five
additional lots taking access onto Timken which is already taxed
to the maximum. With an additional five lots, it will overburden
Timken to the point where it may no longer be a viable single
access way out of the area.
Councilwoman Kaywood.
She asked the Fire Marshal with the access blocked as it would be
with the present plan, how would that affect the Fire Department
in answering calls and how would it affect existing residences on
Timken Road.
Michael Doty, Fire Marshal.
He has discussed the matter with his staff and fire suppression.
They do not have any problem with the project as proposed. In
fact, the cul de sac area has been designated a safe refuge area
in the case of a fire for the firefighting forces. The fire
trucks would be able to get to that cul de sac which is already
in. It is true that there is only one way in and one way out.
Annika Santalahti, Zoning Administrator.
She then confirmed for Councilman Daly that although the proposal
involves five lots, it includes one already existing and not all
five will be affecting the cul de sac. Two of the lots would
take access from Corto and three from Timken.
Cal Querel, Anacal Engineering, representing Mr. Painter.
He does not believe he has heard any new evidence and he believes
that was the reason the hearing was requested today. He then
reiterated some of the comments that were made at the first
public hearing (see minutes of September 11, 1990). They are
actually only taking access to two lots to Timken and not three.
Mr. Painter's residence is there now. If an access were required
through the property, it would impact the value of the lots
because the access would have to be a hard surface with proper
turning rad~.~s. It would seriously damage the value of the two
lots that the access would go through along the utility easement.
Dean Hesketh, 330 South Timk~n.
The issue for the residents in the area is that an access they
have always had has been blocked off by two developments. He has
had a lot of experience working with fire departments and in
fires. Fires can flair up and equipment can be in the cul de sac
area and narrow street and can be destroyed as well as houses and
lives. He feels if they can use the utility easement there would
be no impact on the property and they will have that safety
device forever. They do not want to use it as a means for coming
in and out of the street. He explained for Councilman Ehrle that
they have been using the access ever since he has been living
there. With the first development they talked to the builder
1075
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
after it was approved and he said they would always have access
through his property and out the other side because he was going
to maintain it as a single lot. The situation then changed and
the residents felt they had to address the situation in a
different manner.
Councilman Daly.
He reiterated the City Attorney's opinion regarding the kinds of
conditions the Council may or may not place on like
developments. Unless there is a need created by the subdivision
itself for the property owners themselves, the Council cannot
place such a condition on the development. There is no bearing
as to what it does to adjacent property owners or property owners
elsewhere on Timken or the other street.
SUMMATION BY APPLICANT: Tom Kieviet.
He understands the City Attorney's statements. The Council needs
to look at that in regard to all conditions imposed upon any
development seeking entitlement rights. He feels there is
adequate evidence to support the City Attorney's statement that
the proposed subdivision does justify a need for an access route
from the dead end of Timken out to Corto. If the Council is
viewing that as a high hurdle to overcome, he does not see it as
such when looking at other conditions subsequently imposed upon
developments that can meet that statement.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
Fire Marshal Doty, answering Councilwoman Kaywood, stated it is
true that ideally a second way out would be nice, but if a fire
started at the base of the lot, it could close off their exit.
Councilwoman Kaywood stated that had actually happened and
residents were evacuated through that area. She was out in the
area in 1970 after a bad fire. She feels they will be creating a
problem of safety that should be avoided.
Mayor Hunter.
He noted the many conditions the developer had to meet prior to
commencement of structural framing. There are enough conditions
that have been imposed that will eliminate the need for the
access road was well as considering the City Attorney's opinion
rendered this evening.
City Attorney White.
He would recommend a motion incorporating the conditions
previously imposed and contained in the staff report along with
the findings as required by law and as contained in the staff
report.
1076
City Hallf Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
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
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. Councilman Pickler was absent. MOTION CARRIED.
MOTION - TENTATIVE TRACT MAP NO. 14334: Councilman Hunter moved to approve
Tentative Tract Map No. 14334, incorporating all of the conditions previously
imposed and contained in the staff report along with the findings as required
by law and as contained in the staff report and as approved by the City
Planning Commission at their meeting of July 16, 1990. Councilman Ehrle
seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
RECESS: By general consent the Council recessed for ten minutes. (7:58 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present, with the exception of Councilman Pickler. (8:12 p.m.)
179: PUBLIC HEARING - VARIANCE NO. 4085 AND NEGATIVE DECLARATION:
OWNER:
David Avid Collins
2661 Tallant Road $871,
Santa Barbara CA 93105
AGENT:
Mark Botich
4091 E. La Palma Ave. Ste. J,
Anaheim, CA 92807
LOCATION/REQUEST: The property is located at 1514 W. Broadway and is
approximately 1.08 acres located at the southwest corner of Broadway and Adams
Street. The request is for waiver of minimum number of parking spaces to
construct a 22,000 square foot industrial building.
ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4085 approved,
(ZA90-98); approved Negative Declaration.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilman
Pickler and Councilman Ehrle at the meeting of October 9, 1990, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 1, 1990.
Posting of property October 31, 1990.
Mailing to property owners within 300 feet - November 2, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Zoning Administrator dated September 20, 1990.
1077
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
APPLICANT'S
STATEMENT:
Mark Botich, 883 South Anaheim Boulevard.
He clarified the proposal is not an industrial building but a
cold storage building. It will be a distribution center for cold
storage tenants. The temperature will be minus 20° other than
the administration area which is 1,000 square feet and will have
six employees - four forklift employees and two office people.
The building would be considered an industrial building shell but
60% of the construction cost is in cold storage. It is not an
industrial building.
Councilman Ehrle.
A redevelopment area has recently been established which is
almost adjacent to the subject property. There is a master plan
and tentative zoning for that area at this time. His concern is
getting an appropriate use on the property. He is not certain
storage or cold storage is appropriate recognizing what is going
to occur in the future. The whole area is going through
rehabilitation. There are also brand new condominiums adjacent
to the property. He understands the railroad tracks are a buffer
between the residential and industrial area. If he had his way
he would prefer to see that industrial area phased out with more
residential uses going in - condominiums, affordable housing,
etc.
Councilman Ehrle then addressed the historical aspect of the
building presently on the property originally known as the
Concordia which originally was a social hall for German families
in Anaheim and then subsequently used for other social events.
He asked what the plans are for the building. He would hope if
the project is approved, everything possible is done to preserve
the building, one which his grandfather helped build.
Mark Botich.
He cannot speak on behalf of the developer to say that it could
not be relocated. He does not feel there is a problem. If the
City wants the building, he is sure the developers would give the
building to the City. The real historic part is the facade and
columns.
Councilman Ehrle.
He would like to have staff look at the building over the next
week or two to see if it is structurally sound and "restorable"
and financially feasible.
Mayor Hunter.
What Councilman Ehrle is suggesting, he is not opposed to going
forward with the project but would like to have Redevelopment
staff determine if it is structurally sound to move and if so
possibly move it to an alternate site.
1078
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Mr. Botich.
He understands that this could then be a condition of approval
rather than a denial of the project; City Attorney White answered
yes.
David Collins, 2661 Tallant Road, ~871, Santa Barbara, Ca.
It is an historic building in the sense it has been there a long
time. It is a very tired and old building. Structurally it
would probably be adequate to move. It needs a new roof and it
is not feasible economically to keep that old building. The land
is worth about three or four times as much without the building
on it. It may be possible to get permission from the Southern
Pacific Railroad to move it across the street temporarily. The
developer has told him they plan to keep the present facade as
part of the entry for the new building. That is about all there
is left that is interesting about the building. They would like
to move ahead on the project.
M.L. Lowden, Mark III Development.
They planned on using parts of the building as cold storage named
Harmony Cold Storage. They are going to use the total front of
the building and the side. They have a plan that shows the usage
of the beams and pilasters. They have two users - an ice cream
purveyor and a Snack Foods International that primarily services
Disneyland. They want to move out of Riverside and Los Angeles
in order to be close to their customer.
COUNCIL ACTION:
There being no further persons who wished to speak Mayor Hunter closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, 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
further finding on the basis of the initial study and any co~unents received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-408)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-408 for adoption, approving
Variance No. 4085 with an added stipulation that Redevelopment staff inspect
the building to see if it is structurally sound to be moved. Refer to
Resolution Book.
lO 9
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
RESOLUTION NO. 90R-408: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4085.
Before a vote was taken, Annika Santalahti, Zoning Administrator, recommended
that relative to the additional stipulation that this be accomplished prior to
the demolition of the existing building or issuance of the demolition permit
whichever occurs first.
City Attorney White.
He added that if such a request is made within 14 days from the
date of this approval, that the property owner shall execute
documents relinquishing title to either the City or the
Redevelopment Agency, and authorize removal of the building at no
expense to the property owner provided said removal is
accomplished within not to exceed 30 days from the date of the
resolution.
Annika Santalahti.
Minimally she feels it should be three weeks for a review of the
structure.
A vote was then taken on the foregoing resolution with the added stipulations
as articulated by the Zoning Administrator and the City Attorney with three
weeks given for inspection of the structure.
A Roll Call vote was then taken on the foregoing resolution:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-408 duly passed and adopted.
170: PUBLIC HEARING - TENTATIVE TRACT MAP NO. 14406 AND NEGATIVE DECLARATION:
OWNER:
D.M.P. Partnership
1524 Victoria Way,
Placentia, CA 92676
AGENT:
Massoud Monshizadeh
1524 Victoria Way,
Placentia, CA 92676
LOCATION/REQUEST: The property is located at 1575 West Katella Avenue and is
approximately 2.21 acres on north side of Katella Avenue 314 feet east of
Carnelian Street. The request is to establish a RM-2400, 40-unit condominium
complex.
ACTION TAKEN BY THE PLANNING COMMISSION: No action taken by the Planning
Commission but the matter was referred to City Council for clarification of the
Ordinance.
6 7I
1080
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 1, 1990.
Posting of property October 31, 1990.
Mailing to property owners within 300 feet - November 2, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated October 8, 1990.
City Clerk Sohl announced that the item has been referred to the Council for
clarification of an ordinance. She has also received a FAX from Phillip
Schwartze who is the agent for the applicant requesting on behalf of the owners
that the matter be continued to December 4, 1990.
Mayor Hunter asked if anyone was present who would be opposed to a continuance
of the item; there was no response.
MOTION: Councilman Hunter moved to continue the public hearing to December 4,
1990. Councilman Daly seconded the motion.
Before a vote was taken, Councilman Daly asked relative to the staff report
what were the technical questions or adjustments that needed to be addressed.
Annika Santalahti, Zoning Administrator.
The concern was relative to the provision of private streets in
accordance with the City standard of 28-foot wide but there might
be something beyond that.
It was a specific condition of the tract that private streets be
developed in accordance with City standards and the applicant
wanted that amended or deleted.
Art Daw, Deputy City Engineer.
The resolution of approval for the tract map required that the
private streets be approved in accordance with Standard Detail
122. The actual exhibits approved by the City Council approved
something less than what was shown on the Standard Detail. With
a resolution requiring conformance, it would probably require
redesign of the project in order to develop it. The applicant
was told there would either have to be a clarification to the
conditions that would delete that condition or have to be
developed in accordance with the resolution as approved by the
City Council.
Councilwoman Kaywood.
She inquired as to the requirement of a 20-foot landscape setback
next to single-family residential which the project does not
have.
Annika Santalahti, Zoning Administrator.
The original half of the project did have a larger setback than
was subsequently approved by the Council. Further, in answer to
Councilman Daly, she explained that the project went back to the
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Planning Commission to get their recommendation on the subject of
the 28-foot street. The Commission was uncomfortable
recommending something like that when they had recommended denial
of the entire tract. The developer wants the Council to amend
conditions of approval contained in the tract map to allow less
than a 28-foot street.
Councilman Daly expressed concern that information is not
indicated in the agenda, it is not stated in the minutes of the
Planning Commission meeting and subsequently it has been referred
to the Council with no direction.
City Attorney White.
The Council can also, in turn, refer the matter back to the
Planning Commission. His understanding is that the Council's
previous approval of the CUP for the 40-unit development approved
a plan that included street widths less than the minium standard
but there was a condition that required the streets to meet
minimum design standards. Then the application for the tract map
was filed and was in front of the Planning Commission. At their
hearing, the Planning Commission felt they were unable to resolve
what they felt was a conflict between the plan approved and the
language in the codes. Not knowing what the City Council thought
about requiring the streets to come up to minimum standards, it
was referred to the Council. The Council can send it back to the
Planning Commission with instructions that they make a decision.
If that decision is unacceptable to either the subdivider or the
public, than it can be appealed back to the Council. He
reiterated the Planning Commission did not make a decision
because they did not know if what they would do would please the
Council or not. His understanding was the problem the Commission
had was whether the Council wished to comply with the minimum
design standards or with the diagram that had been approved in
the conditional use permit which are different.
Annika Santalahti, Zoning Administrator.
The Commission did not want to approve the request because they
had not approved the project and because of that did not want to
address the question of the 28-foot street width. In the normal
way staff would want the developer or someone say that the two
did not match. The issue did not come up in the meeting. Had it
been brought up, staff would have amended the conditions. It
could be considered an oversight but it has to be properly
corrected.
Councilman Daly.
He agrees with the Mayor that the Council must have a
recommendation from Planning and Engineering on matters like
street widths and the Planning Commission needs to have that even
before they decide what to do with a project. He recommends that
the matter be referred back to the Planning Commission for a
formal analysis and recommendation. He would like to request a
staff recommendation with the item as well.
1082
City Hall, Anaheimw California - COUNCIL MINUTES - November 13r 1990, 5:30 P.M.
City Attorney White.
He recommends that it be sent back to the Planning Commission for
a decision. Subsequently if someone wished to appeal that
decision it would come back to the Council but otherwise it would
be final.
MOTION= Councilman Daly moved to refer Tentative Tract Map No. 14406 and
Negative therefore to the Planning Commission for final decision by the
Commission. Councilman Hunter seconded the motion. Councilman Pickler was
absent. MOTION CARRIED.
158: PUBLIC HEARING - ACQUIRING AUTHORIZING THE CONDEMNATION OF A PORTION OF
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES - R/W 3500-83 -
HARRISON/RAMELLA:
REQUESTED BY:City of Anaheim
200 So. Anaheim Boulevard,
Anaheim, Ca. 92805
LOCATION: The property is located on the north side of La Palma Avenue,
approximately 30 feet west of North Anaheim Boulevard, Anaheim, California.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 1, 1990.
Mailing to property owners within 300 feet - October 15, 1990.
Submitted was report dated November 5, 1990 from the Director of Public Works
and City Engineer, Gary Johnson, recommending the subject action.
Mayor Hunter asked if anyone was present to speak either in favor or in
opposition relative to the condemnation proceedings; no one was present.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-409)
Councilman Hunter moved to waive the reading in full of the resolution.
councilman Daly seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-409 for adoption, finding and
determining the public interest and necessity for acquiring and authorizing
condemnation of a portion of that certain parcel of real property as indicated
- Harrison/Ramella Condemnee. Refer to Resolution Book.
RESOLUTION NO. 90R-409: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(HARRISON-RAMELLA-CONDEMNEES).
1083
City Hall, Anaheim~ California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS=
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-409 duly passed and adopted.
158: PUBLIC HEARING - ACQUIRING AUTHORIZING THE CONDEMNATION OF A PORTION OF
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES - R/W 3500-92
-HARRISON/RAMELLA:
REQUESTED BY:City of Anaheim
200 So. Anaheim Boulevard,
Anaheim, Ca. 92805
LOCATION: The property is located 1008 North Anaheim Boulevard (north side of
La Palma Avenue, west of Anaheim Boulevard).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 1, 1990.
Mailing to property owners within 300 feet - October 15, 1990.
Submitted was report dated November 5, 1990 from the Director of Public Works
and City Engineer, Gary Johnson, recommending the subject action.
Mayor Hunter asked if anyone was present to speak either in favor or in
opposition relative to the condemnation proceedings; no one was present.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-410)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-410 for adoption, finding and
determining the public interest and necessity for acquiring and authorizing the
condemnation of a portion of that certain real parcel of real property located
at 1008 North Anaheim Boulevard - Harrison/Ramella Condemnee. Refer to
Resolution Book.
RESOLUTION NO. 90R-410: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(HARRISON-RAMELLA-CONDEMNEES).
1084
City Hallr Anaheimr California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Roll Call Vote=
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Resolution No. 90R-410 duly passed and adopted.
158: STATUS OF ANAHEIM BOULEVARD WIDENING PROJECT: Councilman Daly asked the
status of the subject project.
Art Daw, Deputy City Engineer. The two parcels which the Council recently
acted upon are the last two parcels for acquisition. Plans are probably 90%
completed as far as design. The Redevelopment Agency has requested the ability
to get some additional landscaping along Anaheim Boulevard. There are some
answers that are going to have to be obtained from the County which probably
will not be answered until mid to the latter part of January due to the
Technical Committee's meeting schedule. It was originally anticipated to go
out to bid in January for construction in March but with the delay in getting
answers, the project will also be delayed. Staff still anticipates being out
to bid and award prior to the end of the fiscal year for the entire length of
the project.
179/155: ITEMS B1 - B7 FROM THE PLANNING ~"~MMISSION MEETING OF OCTOBER 22,
1990 - INFORMATION ONLY - APPEAL PERIOD E~ NOVEMBER 13, 1990:
Bi. ENVIRONMENTAL IMPACT REPORT NO. 273, AMENDMENT NO. 1 TO THE HIGHLANDS AT
ANAHEIM HILLS SPECIFIC PLAN NO. 87-1:
OWNER: PRESLEY OF SOUTHERN CALIFORNIA, 19 Corporate Plaza, Newport
Beach, CA 92660
LOCATION: Subject property consists of approximately 8.0 acres
qenerally bounded by The Hiqhlands Development Areas 6 and 7 on the
north 8errano Avenue on the south and further described as Development
Area 8 of The Hiqhlanos at Anaheim Hills Specific Plan SP87-1}.
Petitioner requests an amendment to Ordinance No. 4860 pertaining to
The Highlands at Anaheim Hills Specific Plan (SP87-1 Code Section
18.70.030.) to revise the methods and procedures to allow for the
processing of a parcel map prior to site plan approval and amending
0rdinance No. 4861 Condition Nos. 3 and 5 to require submission of
precise plans prior to site plan approval. Subject property consists
of approximately 8.0 acres generally bounded by The Highlands
Development Areas 6 and 7 on the north and the extension of Serrano
Avenue to the south and further described as Development Area 8 of The
Highlands at Anaheim Hills Specific Plan (SP87-1).
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment No. 1 to The Highlands at Anaheim Hills Specific Plan No.
87-1 APPROVED (PC90-247) subject to condition that no commercial
parcel less than eight acres may be approved without accompanying site
plan review and approval; and an additional condition r~- ~rding
recordation of unsubordinated covenant. (6 yes votes, ~usent.)
1085
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
B2. CONDITIONAL USE PERMIT NO. 3347 AND NEGATIVE DECLARATION:
OWNER: JOHN KOCYLA, P.O. BOX 9832, Anaheim, CA 92812
AGENT: SURE SHOT INC., Attn: MARK KROMKA, 511 S. Brookhurst St.,
Anaheim, CA 92804
LOCATION: 511 South Brookhurst Street. Property is approximately 1.9
acres located on the west side of Brookhurst Street and approximately
260 feet north of the centerline of Orange Ave.
To permit on-sale of alcoholic beverage in an existing restaurant
including a separate bar with dancing.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3347 GRANTED, for two years (PC90-248) subject to stipulations
of applicant to Police and supervise parking lots area, shield
compressor area in rear so that noise would not be a problem and close
at 2 a.m. Game room limited to two pool tables and two pinball
machines. (4 yes votes, 2 no votes, and i absent).
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council Members
Kaywood and Daly, and therefore, a public hearing will be scheduled at a later
date.
B3. WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3350 AND NEGATIVE
DECLARATION:
OWNER: ANAHEIM BUSINESS CENTER, P.O. Box 17899, Irvine, CA 92713
LOCATION: 300 WEST CERRITOS AVE. Property is approximately 12.3
acres located at the terminus of Cerritos Avenue approximately 1088
feet west of the centerline of Anaheim Boulevard.
To permit a birthing center (UCI Medical Center) with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3350 GRANTED (90-249) (6 yes votes, 1 absent).
Waiver of code requirement GRANTED.
Approved Negative Declaration.
B4.
VARIANCE NO. 4089, CATEGORICAT.T.Y EXEMPT, CLASS 3:
OWNER: DANIEL and DARLENE HOLDEN, 650 N. Lancer Dr., Anaheim, CA
92~0!
AGENT: JERALD WEINER, AIA, 501 N. Placentia Ave., Fullerton, CA
92631
LOCATION: 650 N. Lancer Drive. Property is approximately 0.22 acre
located at the northeast corner of Lancer Drive and Janeen Way.
Waivers of required side yard setback and required rear yard setback
to construct a 950 square foot addition to an existing two-story
single-family residence.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4089 GRANTED (PC90-250) (6 yes votes, 1 absent).
1086
City Hallr Anaheimr California - COUNCIL MINUTES - November 13r 1990r 5:30 P.M.
B5.
VARIANCE NO. 4091 AND NEGATIVE DECLARATION:
OWNER: RICK BYERS and KATHY BYERS, 4590 MacArthur Blvd., #550,
Newport Beach, CA 92660
LOCATION: 2831 West Ball Road. Property is approximately 0.48 acres
located on the north side of Ball Road and approximately 440 feet west
of the centerline of Dale Ave.
Waivers of minimum number of parking spaces, minimum floor area per
dwelling unit and minimum distance between building walls to retain an
illegal dwelling unit within existing 12-unit apartment complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4091 DENIED (PC90-251) (4 yes votes, 2 no votes).
Approved Negative Declaration.
A letter of appeal was submitted by the owners, Rick and Kathy Byers. This
item is set for a public hearing on November 27, 1990.
B6. RECLASSIFICATION NO. 88-89-40 AND NEGATIVE DECLARATION:
OWNER: E1 VEE INC., 200 W. Midway Drive, Anaheim, CA 92805
AGENT: TOM KIEVIET, 100 S. Anaheim Blvd., Ste. 340, Anaheim, CA
92805
LOCATION: 200 West Midway Drive. Property is approximately 6.65
acres located on the south side of Midway Drive and west side of Zeyn
Street and approximately 400 feet west of the centerline of Anaheim
Blvd.
An amendment to the conditions of approval pertaining to the
abandonment of Clementine Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Deletion of Condition No. 1 of Reclassification No. 88-89-40 APPROVED
(PC90-252) (6 yes votes, 1 absent).
Approved Negative Declaration>
134: REPORT AND RECOMMENDATION ITEM:
B7. ORANGE COUNTY FLOOD CONTROL DISTRICT -- REQUEST TO DETEP~MINE CONFOPd~ANCE
WITH THE GENERAL PLAN - Santa Ana River Mainstem Project: The Planning
Commission approved the subject request at its October 22, 1990 meeting.
Councilman Daly. This item deals with the General Plan conformance on the
Santa Ana River project which is the $1 billion dollar channel improvement for
the entire length of the river through Orange County. It impacts Santa Ana
Canyon, parts of Anaheim, as well as all of East Anaheim. He wants to know if
the City's Planning Department and Parks and Recreation and other departments
are going to have the ability to review the final plans for the river project
as to landscaping, trails, etc. He knows that portions of the river through
Anaheim will be concrete lining, a concrete box, which is a concern to him. At
present, the river has a lot of nice open space with trees and trails. He
asked if the City had adequate means to comment on the design of the project.
It will be there for hundreds of years after it is built and will change the
way the river looks. He wants to have the ability to comment in as much detail
as they want on how the project will look.
1087
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
Art Daw, Deputy City Engineer. It is the County's normal policy on any project
they do to submit it to the local agency for review and comments. He is sure
they will be given adequate opportunity to review the plans but there is no
guarantee that the City's comments will be incorporated into the plan.
Councilman Daly. At the appropriate time, he would like staff to report to the
Council including staff's comments on the design and the impacts on the
community.
Joel Fick, Planning Director. In the event any of the activities would
interfere with the existing trails element, it would require amendments to the
element and public hearings so there would be formal input and interaction.
Councilman Daly reiterated his request for a staff report at the appropriate
time.
End of the Planning Commission items.
179: ITEMS B8 - Bll FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 1, 1990
- DECISION DATE: NOVEMBER 8, 1990 - INFORMATION ONLY - APPEAL PERIOD ENDS
NOVEMBER 23, 1990:
BB.
CONDITIONAL USE PERMIT NO. 3313, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: MARIANA & HELMUT PETERMANN, 5213 Rolling Hills Drive, Anaheim,
CA 92807
LOCATION: 5213 East Rollinq Hills Drivm. Property is approximately
.25 acre located on the north side of Rolling Hills Drive
approximately 80 feet west of the centerline of Rolling Hills Place.
To permit a satellite dish in a residential zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3313 APPROVED, IN PART, (ZA90-105).
To this Conditional Use Permit Councilwoman Kaywood asked that her opposition
be reflected in the record.
B9.
VARIANCE NO. 4090 AND NEGATIVE DECLARATION:
OWNERS: STANLEY COHEN AS TRUSTEE OF THE S & R, Cohen Revocable Trust,
4000 MacArthur Boulevard, Newport Beach, CA 91740.
AGENT: GUY A. WILLIAMS, JR.~ PRESIDENT~ Environment Control Systems,
Inc., P.O. Box 5, Glendora, CA 91740
LOCATION: 1251 N. Jefferson Street. property is approximately 3.3
acres located on the west side of Jefferson Street approximately 270
feet south of the centerline of Miraloma Avenue and Jefferson Street.
Waiver of minimum number of parking spaces to establish an outdoor
storage area.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4090 APPROVED, for specific business (ZA90-106).
Approved Negative Declaration.
1088
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
B10. CONDITIONAL USE PERMIT NO. 3348 AND NEGATIVE DECLARATION:
OWNER: KENNETH SARVAK, 424 Old Newport Blvd., Newport Beach, CA
92663.
OWNER: VIC STAPF, 424 Old Newport Blvd., Newport Beach, CA 92663.
LOCATION: 2283 West Lincoln Avenue. Property is approximately 0.41
acre located on the north side of Lincoln Avenue approximately 200
feet west of the centerline of Monterey Drive.
Waivers of maximum structural height and required yard setback to
permit a day care center.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3348 APPROVED, modified conditions !ZA90-107).
Approved Negative Declaration.
Bll.
CONDITIONAL USE PERMIT NO. 3351, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: GLENN SALSBURY, 1130 Tamarisk Drive, Anaheim, CA 92807.
LOCATION: 1130 South Tamarisk Drive. Property is approximately 2.0
acres located on the north side of Tamarisk Drive approximately 370
feet east of the cnetelrine of Havened De Santiago.
To permit a ground-mounted satellite dish.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3351 APPROVED (ZA90-108).
Councilwoman Kaywood asked that her opposition to this Conditional Use Permit
be reflected in the record.
End of the Zoning Administrator items.
179: REQUEST FOR REHEARING - VARIANCE NO. 4081, CATEGORICA?.LY EXEMPT,
CLASS 11: The owner of the property is JAS Partnership at 1990 South Anaheim
Boulevard, CA 92805. The property is approximately 1.1 acres located at the
northeast corner of Anaheim Boulevard and Stanford Court. The request is for
waiver of required structural setback and permitted signage to construct a 296
square-foot freestanding sign with an electric message board.
The Zoning Administrator denied the variance and subsequently a letter of
appeal was filed by the owner, James Shab, Global Cellular, and public hearing
scheduled before the Council on October 16, 1990.
At the public hearing of October 16, 1990, the City Council denied the
variance. ~ubsequently a request £or rehearing was submitted by the owner.
Mayor Hunter. This item was the subject of a full blown public hearing by the
Council at the conclusion of which the Council denied the request.
MOTION: Councilman Hunter moved to deny the request for rehearing on Variance
No. 4081. Councilman Ehrle seconded the motion. Councilman Pickler was
absent. MOTION CARRIED.
1089
0 7I
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
179: ORDINANCE NOS. 5183 THROUGH 5185 - ADOPTION:
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 5183 through 5185, both inclusive, for
adoption)
Councilman Hunter moved to waive the reading in full of the ordinances.
Councilman Ehrle seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
ORDINANCE NO. 5183: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 89-90-19
located at 828 S. Western Avenue, from the RS-A-43,000 zone to the RS-7200
zone.)
ORDINANCE NO. 5184: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.41.050, 18.44.050, 18.45.050, 18.46.050, 18.61.028 AND 18.63.028 OF CHAPTERS
18.41, 18.44, 18.45, 18.46, 18.61 AND 18.63, RESPECTIVELY OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO CELLULAR TELEPHONE FACILITIES.
ORDINANCE NO. 5185: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 90-91-11
located at 2400 E. Katella Avenue, from the CR zone to the CO zone.)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood and Hunter
None
Pickler
The Mayor declared Ordinance Nos. 5183 through 5185, both inclusive, duly
passed and adopted.
179: OP~)INANCE NO. 5186 - INTRODUCTION: Councilman Hunter offered Ordinance
NO. 5186 for introduction.
ORDINANCE NO. 5186: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 87-88-26,
located at 2430 East Katella Avenue, from the CR zone to the CL zone.)
ITEMS OF PUBLIC INTEREST:
Sharon Ericson. Speaking as a citizen of Anaheim, she has been in several
Council meetings where Howard Garber and some of his friends have been present
protesting the appearance of 2 Live Crew at the Celebrity Theatre. She is very
much against that group but if she wanted to see them she would have to
purchase a ticket or pay money to buy their records. Tonight she is very
offended to have "shoved down her throat" a hand-out - Christians and Jews
Unite Against Pornography. She is a Christian and is against pornography. She
is specifically offended by the words that were on the back of the sheet
1090
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
distributed by Mr. Garber and his group. She would like the Council to tell
Mr. Garber not to come to the meeting and force these on everyone especially
women.
Jeff LaTourneau, 2180 West Forest Avenue. He represents Local 681 Hotel and
Restaurant Employees, representing over 1,000 workers at Anaheim Hilton &
Towers. They are planning an all-day food drive and are asking that canned
foods be deposited in a receptacle which will be on wheels outside the hotel.
In talking to the Police and Code Enforcement, he finds there is a problem
since it was determined that the receptacle would impede access on public
proper~y. A member of the Police Department looked at the area today and
confirmed that there was nothing that could be done and suggested the proper
arena was to come before the Council and ask for their support. He is asking
for permission for the cans to be placed in a receptacle throughout the day.
Someone will be present all day. People will not drive up to the location but
have been asked to park at the lot next door.
Mayor Hunter. He spoke with the Police Department and other staff today. The
Police Department and the City is not trying to prevent the act~-,ity but the
issue is whether or not the receptacle on a public sidewalk wou_d be impeding
pedestrians. If there are alternate sites, a permit could be issued. He
suggests that they work with the City and Police Department in that regard.
The following people then spoke against the 2 Live Crew show that took place at
the Celebrity Theatre on Friday evening, November 9, 1990 and relayed
incidences that they either saw or were involved in during their protest of the
group's appearance which took place outside the Celebrity Theatre: Bob Vibel,
1316 East Broadway, Anaheim; Kenneth Fisher, 1415 West Cerritos ~51, Anaheim;
Shelly Zeliac, 2350 Hosalia Drive, Fullerton; and Dr. Howard Garber. Dr.
Garber requested again as he has previously that he and the group he represents
(Citizens ACT, Anti-Crime Task Force) be placed on the formal Council agenda so
that they can present a resolution opposing such groups. He also requested
that the Council see to it that the Police Department investigate the numerous
alleged violation of law relative to the 2 Live Crew performance.
Ross Romero, Real Estate Agent, 800 South Harbor Boulevard, Anaheim. He would
like to discuss the City's First Time Home Buyer's Program. He feels the
program has become stagnate and he explained why. He then made some
recommendations which he felt would stimulate the program and increase the
number of participants. He reported that he had spoken with City staff
relative to his recommendations but thus far no action has been taken.
Councilman Daly. He asked that staff prepare a report on the eligibility
requirements for the First Time Home Buyer's Program and what rules,
regulations, etc. there are from the State and Federal Government and report
back to the Council.
City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1990, 5:30 P.M.
ADJOURNMENT: By general consent the Council adjourned to Tuesday, November 27,
1990 (9:28 p.m.)
LEONORA N. SOHL, CITY CLERK
1092