1989/03/07City Hall, Anaheim, California COUNCIL MINUTES March 7, 1989, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Sttpkovich
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
ASSOCIATE TRAFFIC ENGINEER: Debbte Fank
ADMINISTRATIVE SERVICES COORDINATOR: Greg Trombley
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:45 p.m. on February 21, 1989 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; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C.
No. 46-96-59.
b. To discuss labor relations matters
54957.6.
Government Code Section
c. To discuss personnel matters - Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider 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: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(6:10 p.m.)
INVOCATION: Chaplain Ted Cleveland, Anaheim Memorial Hospital, gave the
invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
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City Hall, Anaheim, California - COUNCIL MINUTES March 7, 1989, 5:30 P.M.
119; PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Red Cross Month in Anaheim, March, 1989,
Better Eyecare/Eyewear Month in Anaheim, April, 1989.
A delegation of Red Cross volunteers accepted the Red Cross Month
proclamation. New Red Cross pins were given to the Council.
119; DECLARATION OF CONGRATULATIONS; A Declaration of Congratulations was
unanimously adopted by the City Council, congratulating Anaheim's Sister City
of Mito, Japan on its lO0th Birthday. The Declaration will be presented to
the Mayor of Mito when Anaheim's delegation visits Mito at the end of March
and extending best wishes from our citizens to theirs.
119: DECLARATION OF COMMENDATION: A Declaration of Commendation was
unanimously adopted by the City Council to be presented to State Senator
Marian Bergeson commending her for her support of the Dayle McIntosh Center
for the Disabled.
MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular
meetings held February 7 and February 14, 1989. Councilman Daly seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,393,348.53, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions on
the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-66
through 89R-70, both inclusive)
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, 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 Pickler
offered Resolution Nos. 89R-66 through 89R-70, both inclusive, 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 Bette S. Appley for property damage sustained
purportedly due to actions of the City on or about December 15, 1988.
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City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5:30 P.M.
b. Claim submitted by Ofelia Celaya for property damage sustained
purportedly due to actions of the City on or about January 6, 1989.
c. Claim submitted by Equipto Electronics for property damage sustained
purportedly due to actions of the City on or about November 15, 1988.
d. Claim submitted by Daniel Villicano for bodily injury sustained
purportedly due to actions of the City on or about July 8, 1988.
e. Claim submitted by Juan Colin for property damage sustained
purportedly due to actions of the City on or about January 1, 1989.
f. Claim submitted by Eloise Brady for property damage sustained
purportedly due to actions of the City on or about September 5, 1988.
g. Claim submitted by California Casualty (Insured: Juanita Driskell)
for property damage sustained purportedly due to actions of the City on or
about October 21, 1988.
h. Claim submitted by Raymond Cook for property damage sustained
purportedly due to actions of the City on or about October 4, 1988.
i. Claim submitted by Kristin Franks-DeHart for bodily injury sustained
purportedly due to actions of the City on or about October 31, 1988.
j. Claim submitted by Donna L. Patino and Ernesto Atancio Garcia for
bodily injury sustained purportedly due to actions of the City on or about
December 3, 1988.
k. Claim submitted by Mary C. Orr for bodily injury sustained
purportedly due to actions of the City on or about October 21, 1988.
1. Claim submitted by Stella Plotnik for property damage sustained
purportedly due to actions of the City on or about September 29, 1988.
m. Claims submitted by Deborah Jacksen for bodily injury sustained
purportedly due to actions of the City on or about October 2, 1988.
n. Claim submitted by Ed Farrer for bodily injury sustained purportedly
due to actions of the City on or about October 15, 1988.
o. Claim submitted by John Childress for property damage sustained
purportedly due to actions of the City on or about January 8, 1989.
p. Claim submitted by Larry E. McCallum for property damage sustained
purportedly due to actions of the City on or about September 5, 1988.
q. Claim submitted by Elizabeth Sartor for bodily injury sustained
purportedly due to actions of the City on or about November 29, 1988.
Application for Leave to Present Late Claim - Recommended to be
Denied:
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City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5;30 P.M.
r. Claim submitted by Mercedes Mayer, Octavio Mayer, Benjamin Mayer &
Maria Mayer for bodily injury sustained purportedly due to actions of the City
on or about May 23, 1988.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held February 15, 1989.
156: Receiving and filing the Anaheim Police Department's crime and clearance
analysis for January, 1989.
173: Receiving and filing Application #88-10-054 from the Public Utilities
Commission of the State of California as submitted by Michael S. Mitchell dba
Space Ship Shuttle, for the purpose of establishing a passenger stage for
transportation between LAX Airport, John Wayne Orange County Airport, Los
Angeles, and Disneyland.
175: Receiving and filing from the Public Utilities Commission of the State
of California, Application No. 88-12-035 requesting authority to merge San
Diego Gas & Electric Company into Southern California Edison Company.
A3. 169: Awarding a contract to the lowest and best responsible bidder,
Sully-Miller Contracting Company, in the amount of $29,738 for Glenoaks Avenue
322' w/o Chippewa Street to Greenleaf Avenue.
A4. 175: Awarding a contract to the lowest and best responsible bidder,
Valverde Construction, Inc., in the amount of $163,000 for construction of
Large Valve Replacement Phase III.
A5. 151: Approving an encroachment permit requested by K.W. Lawler and
Associates, to allow the encroachment of storm drain facilities (owned by the
City of Yorba Linda) lying in Crystal Drive and Weir Canyon Road north of the
Riverside Freeway; and authorizing the Mayor and City Clerk to execute said
encroachment permit.
A6. 165: Approving a Notice of Completion of the construction of Barrier
Free Anaheim No. 13, by Heritage Construction Company, and authorizing the
Mayor to sign and the City Clerk to file the Notice of Completion.
A7. 123: Approving a lease agreement with Van Pool Services, Inc. for
commuter van pool vehicles for the City rideshare program; and authorizing the
collection of monthly van pool fares by payroll deductions for employees
participating in the commuter van pool program.
Both Debbie Fank, Associate Traffic Engineer, and City Manager Simpson
answered questions posed by Councilman Daly relative to the proposed lease
agreement; Councilman Daly asked for a 6-month progress report on the program.
AS. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a change order to Dames & Moore, for an additional amount of $15,189.64
bringing the revised purchase order total to $25,189.64 for soil engineering
services at Walnut Canyon Reservoir.
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City Hall, Anaheim, California - COUNCIL MINUTES March 7, 1989, 5:30 P.M.
Ag. 160/123: Accepting the bid of B & B Amusements, Inc., and approving an
agreement with same for the annual Cinco de Mayo Fiesta for a period of three
years, commencing May 4, 1989, in accordance with bid proposal #4642.
AiO, 153; RESOLUTION NO. 89R-66: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-264 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT.
create the classification of Personnel Services Manager, effective March 3,
1989)
(To
All, 153; RESOLUTION NO, 89R-67: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME
JOB CLASSIFICATIONS REPRESENTED BY THE GENERAL TRUCK DRIVERS UNION LOCAL
NO. 952 AND RESCINDING RESOLUTION NO. 86R-123, AND AMENDMENTS THERETO.
(Effective February 10, 1989)
Al2, 153: RESOLUTION NO. 89R-68: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME
JOB CLASSIFICATIONS REPRESENTED BY THE SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL NO. 0399 AND RESCINDING RESOLUTION NO. 86R-160, AND AMENDMENTS THERETO.
(Effective February 24, 1989)
Al3. 175.123: Approving a fifth amendment to agreement with Fluor Technology,
Inc., at an additional cost not to exceed $27,690 to provide additional
consulting services necessary for Formaldehyde Risk Assessment and Hazardous
Waste Disposal ID Number Combustion Turbine Project; and authorizing the
Public Utilities General Manager to execute the amended agreement.
Al4. 180/175: Accepting the quote of Associated Electric & Gas Insurance
Services, Limited, for liability insurance coverage at a cost of $370,125 to
cover the Utilities Department's operations for the fifteen-month period of
April 1, 1989 to July 1, 1990.
Al5. 123: Approving a Subdivision Agreement with Donald and Charlene Stolo
concerning the development of a riding and hiking trail across their property
at 7581 Martella Ave.
Al6. 123/106: Approving an agreement with Townsend & Company in the amount of
$50,000 plus an amount not to exceed $5,000 in out-of-pocket expenses, and
appropriating $25,000 from the Council Contingency Fund to support the
recommendation of the City Manager's Office Task Force on Vision 2000 to
conduct public opinion research. (Continued from the meeting of February 28,
1989, Item A6.)
Al7. 155/144: Approving the final plan and certifying the Program
Environmental Impact Report No. 490 on the Orange County Hazardous Waste
Management Plan.
Al8. 129: RESOLUTION NO. 89R-69: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING THE NECESSITY PURSUANT TO GOVERNMENT CODE SECTION
39576.5 TO CONTRACT FOR THE CUTTING AND REMOVAL OF ALL RANK GROWTH AND WEEDS,
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City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5:30 P.M.
AND REMOVAL OF RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL
PROPERTY OR ANY PUBLIC STREETS WITHIN THE CITY OF ANAHEIM, CALLING FOR BIDS
THEREON, AND AUTHORIZING PUBLICATION OF NOTICE THEREFOR, ACCOUNT
NO. 01-202-6320 - 1988/1989.
Al9, 123; RESOLUTION NO, 89R-70: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND
SOUTHERN PACIFIC TRANSPORTATION COMPANY IN CONNECTION WITH THE CONSTRUCTION OF
A CONCRETE BOX STORM DRAIN. (With payment of easement fee of $435 for the
Euclid Street Storm Drain; and authorizing the Mayor and City Clerk to execute
said agreement)
A20. This item was pulled from the Consent Calendar for further discussion.
(See end of Consent Calendar).
Roll Call Vote on Resolution Nos. 89R-66 through 89R-70:
AYES:,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-66 through 89R-70, both inclusive, duly
passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
A20, 130; SETTING A PUBLIC HEARING ON A REQUEST FOR A CABLE TV FRANCHISE;
Setting a date, time and hour for a public hearing regarding the intention to
grant a cable television franchise to Empire Cable Television in the
Woodcrest, Presley and Baldwin Company ranches in east Anaheim. The suggested
date is April 11, 1989, at 3:00 p.m. Submitted was report dated February 28,
1989 from the Intergovernmental Relations Officer, Kristine Thalman,
recommending that a public hearing date be set.
Mr. John Merritt, Multivision Cable TV, the City's current franchisee, asked
to speak. Not having yet reviewed the entire proposal by Empire Gable
currently serving parts of Yorba Linda, he is not prepared to provide complete
input at this time. His company has made a major investment in the City of
Anaheim. Multtvision has had discussions with the developers of the three
projects in the East Hills area and also with Empire Cable. The Empire
proposal is not one to serve all the residents of the City but one, which will
in effect, red line the City to serve a few select homes in Anaheim Hills. He
has been told by one of the developers that they and two other developers have
reached an agreement with Empire Cable of Yorba Linda to receive payment in
exchange for exclusive use of the trenches in those projects thereby excluding
Multtvision from those projects. Having a mandate from the Council by virtue
of their franchise to serve all the residents of Anaheim, Multtvision takes
exception to such an arrangement. Multiviston serves approximately 30,000
homes and it is not appropriate to consider a proposal which would exclude all
residents outside of a small part of Anaheim Hills from cable service. He
expects that the Council will consider the matter with its usual diligence and
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City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5:30 P.M.
make the appropriate decision. Multtvision is prepared at anytime to give
input.
City Attorney White. The existing franchise the City has granted to
Multivision is for a non-exclusive right throughout Anaheim to provide cable
TV service. Provided that the means to convey cable service are in the City
utility easements, it would appear Multtvtsion would have the right to utilize
the City's public easements for laying cable to carry out the terms of its
franchise. He is not aware of what discussions may have occurred between
Multivision and Empire in that regard. The franchise granted to Multivision
is one for non-exclusive cable service throughout the City. To the extent
Multivision needs to use the legal remedies at its disposal to carry out those
rights, it has that opportunity.
Councilman Ehrle. He asked at this point if the Ranches were considered still
to be private property, or are the streets that are now being installed public
property.
City Attorney White. The issue is not one that is entirely clear under the
law at what one moment in time for franchise purposes does a public utility
easement change from a private property right to a public one. It would
appear from a reading of the statutes it would be very arguable that the
rights to put cable in the prospective utility easement may extend to an
earlier point in time than when those easements are actually dedicated to and
accepted by the City as public utility easements. The language in the
statutes in his opinion would indicate those may be available to the
franchisees as early as the time they are shown as utility easements on
subdivision maps filed and approved by the City. It is not an entirely clear
point.
Councilman Daly. He assumes, based on the request from Empire Cable, the
Council has no option but to schedule a public hearing.
City Attorney White. In his legal opinion, the City under the terms of the
City Charter, because an application has been filed, needs to entertain that
application through the hearing process. It does not mean the Council has to
approve the franchise. They will await the evidence presented. Because of
the way the Charter is written, it needs to be presented as a resolution
indicating Council's intention to grant a franchise and then entertain at the
public hearing any protest to the granting of that franchise after which
Council makes a decision. There is no time limit under which the Council has
to set the public hearing. The streets are under construction and it seems to
make sense if a franchise is to be granted that the cable be installed by any
cable company with franchises in the City at the time the roads are being
improved rather than subsequently having to rip them up.
Councilwoman Kaywood. She would be very concerned if someone is standing in
the way of cable being laid which will then necessitate streets having to be
torn up after they are constructed.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-71)
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City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5:30 P,M.
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-71 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 89R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO GRANT TO EMPIRE CABLE TELEVISION, INC. A
NONEXCLUSIVE FRANCHISE FOR CABLE TELEVISION WITHIN PORTIONS OF THE CITY OF
ANAHEIM LOCATED GENERALLY IN THE AREA OF WEIR CANYON ROAD IN THE SANTA ANA
CANYON SOUTH OF THE RIVERSIDE FREEWAY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-71 duly passed and adopted.
000/150/123/106: HEARING - INCREASE IN PARKS AND RECREATION FEES: Submitted
was report dated February 28, 1989 from Chris Jarvi, Director of Parks,
Recreation and Community Services, recommending certain actions relating to
fees to be charged for Citywide park and recreation programs and services,
approving an agreement to provide computerized scorekeeping services and
approving an increase in a revenue and expenditure account.
Mayor Hunter opened the hearing on the proposed increase in certain fees and
related actions. There being no one who wished to speak, the Mayor closed the
public hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-72)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-72 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 89R-72; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REVISING CERTAIN POLICIES AND FEES TO BE CHARGED FOR CITY-WIDE PARK
AND RECREATION PROGRAMS AND SERVICES AND ESTABLISHING MARCH 7, 1989 AS THE
EFFECTIVE DATE THEREOF.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
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City Hall, Anaheim, California COUNCIL MINUTES March 7, 1989, 5~30 P.M.
The Mayor declared Resolution No. 89R-72 duly passed and adopted.
MOTION; Councilman Pickler moved to approve (1) an agreement with Major
League Softball, Inc. to provide computerized scorekeeptng services for the
adult softball program, and authorizing the Mayor and City Clerk to execute
said agreement and (2) approve an increase in revenue account no. 01-274-3221
by $16,000 and increasing expenditure account no. 01-274-6341 by $15,750 for
the Parks, Recreation and Community Services Resource Allocation Plan, fiscal
year 1988/89. Councilman Hunter seconded the motion. MOTION CARRIED.
129/142/107~ ORDINANCE NO. 4998 INSTALLATION OF FIRE SPRINKLERS - NEW
COMMERCIAL RETROFIT FOR HIGH RISE; This matter was discussed at the meeting
of February 28, 1989 where the subject ordinance was introduced (see minutes
that date). Submitted at that time was report dated February 14, 1989 from
Fire Chief Jeff Bowman.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 4998)
Councilman Pickler moved to waive the reading in full of the ordinance.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 4998 for adoption. Refer to
Ordinance Book.
ORDINANCE NO, 4998: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADDING CHAPTER 16.09 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
HIGH RISE BUILDINGS CONSTRUCTED PRIOR TO 1974.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Ordinance No. 4998 duly passed and adopted.
It was noted that the public hearing on the adoption of the Fire Code, 1988
Edition, was scheduled for Tuesday, April 18, 1989, at 6:00 p.m.
174: DECISION COMMUNITY DEVELOPMENT BLOCK GRANT DRAFT BUDGET AND PROGRAM:
To consider the fifteenth year (1989-90) Community Development Block Grant
Draft Program and Budget as recommended by the communitywide Citizen
Participation Committee for a total allocation of $2,249,100 and an
alternative program and budget of $2,293,200 in the event a higher level of
funding is allocated. Submitted was report dated January 26, 1989 from Bertha
Chavoya, Housing Programs Manager and Lisa Stipkovich, Director of Community
Development recommending that the Council approve the 1989/90 program and
budget as recommended by the Communitywide CDBG Citizen Participation
Committee for a total allocation of $2,249,100 and an alternative program and
budget of $2,293,200 in the event a higher level of funding is allocated. The
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report explained how the Committee arrived at their recommendations and
attached to the report was a listing of the recommendations (see sheet and
titles, Committee recommendations for FY-1989/90 CDBG Program) along with a
revised list of funding request/recommendations, minutes of the public
meetings held November 16 and December 13, 1988 and the requests for funds
received from non-profit organizations.
At the meeting of February 7, 1989 the City Council approved the allocation of
$2,293,200 as recommended by the Communitywide Citizen Participation Committee
and subsequently continued the hearing for two weeks, closing the public input
portion in order for the Council to further determine allocations for those
items under Other Programs as well as Non-profit Agencies.
After a brief discussion at the meeting of February 21, 1989, the public
hearing was continued to this date.
Councilman Daly then posed a line of questions to the Director of Community
Development regarding the Neighborhood Improvement Program (NIPA) for purposes
of clarification.
Lisa Stipkovich, Director of Community Development.
There is no signed contract with NIPA as of right now. Her
department waits until the current contract is up before
executing an additional contract. It is her understanding that
NIPA has not spent any of the $50,000 allocated from the
previous year. They would be starting the fourth year of
funding with the money they will be giving NIPA that the Council
has already approved in this year's budget which is $50,000. At
present, there is $28,000 in carry-over from previous years
which are funds not expended in previous contracts executed.
She does not believe NIPA has any other revenue sources.
Councilman Daly surmised that NIPA may have accrued expenses
anticipating receipt of the $50,000 committed to them last year
but which has not been transferred to them.
Lisa Stipkovich.
That is correct but they will be executing that agreement
because the City i~ already committed to it and it ta approved.
They have not received those funds as yet. However, she does
not know if they have incurred debt in anticipation of receiving
those funds. In terms of the $28,000 carry-over, she will check
with staff to see if those funds can also be made available to
them. She then stated that staff indicates the current contract
would then be for $78,000, $50,000 plus the $28,000. She feels
that NIPA is trying to ask that the contract be effective from
December of 1988 so it would technically run out in December of
1989. HUD will, in fact, let the contract run from December,
1988 to December, 1989 for $78,000.
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City Hall, Anaheim, California COUNCIL MINUTES March 7, 1989, 5:30
Councilman Daly.
In the meantime, NIPA has applied for $100,000 for the next
fiscal year; Mrs. Stipkovich stated they applied for $100,000 to
be funded out of next fiscal year's money which would be an
extension of the contract period from the date they would
re-execute the contract which would be December of 1989.
Councilman Daly.
While NIPA is a very worthwhile program, it is apparent they
have enough operating funds at present and a decision should be
deferred on allocating any money for the Fiscal Year 1989/90
program until a later date. Perhaps it could be an item to be
considered by the CDBG Committee.
Mayor Hunter.
He reiterated his feeling on the allocation of the CDBG funds is
to follow the Communitywide Committee recommendations in total.
Councilman Pickler.
He is recommending that another $7,500 be allocated to the
Anaheim YMCA added to the previously allocated $7,500.
Lisa Stipkovich.
A total of $7,650 is available for public services. The monies
would have to come out of contingency and moved into that line
item. That would then be the completed total amount that could
be spent on public services under the 15% cap.
After Council discussion relative to the recommendation, Councilman Pickler
moved that the $7,650 available from contingency funds under public services
be moved from that contingency to be allocated to the Anaheim YMCA bringing
the total allocated to that organization to $15,150. Councilman Ehrle
seconded the motion. MOTION CARRIED.
(NOTE: On February 7, 1989, the Council approved the 15th year CDBG draft
program and budget in the amount of $2,293,200 - see minutes that date - but
continued the determination on allocations for Other Programs and Non-profit
Agency under the contingency headings. The above action now completes the
allocation of those funds.)
128; CONTINUED PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT
NO, 1989-3 - THE SUMMIT: At the Council meeting of February 21, 1989, the
Council determined a policy on the establishment of a Mello-Roos District for
the three new Ranch developments in East Anaheim Hills declaring their intent
to establish a Community Facilities District, authorizing the levy of special
taxes pursuant to the Mello-Roos Community Facilities Act of 1982, and
declaring the intention to incur bonded indebtedness of the three proposed
Community Facilities Districts. A public hearing was subsequently scheduled
for February 7, 1989 on the subject district. Mr. David Graf, representing
The Summit, requested a two-week continuance to give an opportunity for
further discussions with staff and the Orange Unified School District. The
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City Hall, Anaheim, California COUNCIL MINUTES March 7, 1989, 5:30 P,M.
request was granted and public hearing continued to February 21, 1989. At
that meeting, it was announced that as a result of discussions between the
developer and staff, another two-week continuance was requested to March 7,
1989.
City Clerk Sohl announced that staff has requested an additional two-week
continuance to March 21, 1989.
Councilman Hunter moved to continue the public hearing on Mello Roos Community
Facilities District No. 1989-3 The Summit to Tuesday, March 21, 1989.
Councilman Pickler seconded the motion. MOTION CARRIED.
Greg Trombley, Project Manager, Mello-Roos.
Answering Councilwoman Kaywood he explained that the way the tax
base works, any homes that have sold prior to March 1, would
fall under the Tax Code and be subject to the tax. It is not
projected at this time for the City to be receiving any tax
revenues for Fiscal Year 1990/91. For the first fiscal year, no
tax is derived from the homes. If there are slow sales, it
would not impact the District until March of 1990.
Councilwoman Kaywood.
She asked if there are any unsold homes at that point would the
tax rate be higher on the ones that were sold; Mr. Trombley
answered yes.
179: PUBLIC HEARING - ADMINISTRATIVE ADJUSTMENT NO, 0024, CATEGORICALLY
EXEMPT, CLASS-Ii:
REQUESTED BY: Andro Peterson and Sam and Lila P. Zona
415 West Katella Avenue,
Anaheim, CA 92802
LOCATION: The property is located at 415 W. Katella Avenue. Waiver of
maximum area of freestanding sign to retain a "Triple A" sign (A~) and a
"Budget Host" sign at an existing motel.
ZONING ADMINISTRATOR ACTION: Administrative Adjustment No. 0024 was approved
by the Zoning Administrator under Decision No. ZA89-O7.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilman
Pickler and Councilman Hunter at the meeting of February 14, 1989, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 23, 1989.
Posting of property February 23, 1989.
Mailing to property owners within 300 feet - February 23, 1989.
Joel Fick, Planning Director.
This matter relates to two panels of an existing sign identified
by the Code Enforcement staff as part of the program to identify
205
City Hall, Anaheim, California COUNCIL MINUTES - March 7, 1989, 5:30 P.M.
any existing illegal signs in the area. The two panels are
3-feet by 2 1/2 feet and the second panel is 5-feet by 3-feet
and have been there for some time. The concern related to how
this variance request might relate to future signing regulations
being looked at in the CR area. Staff has had discussions with
the property owner and staff would like to recommend and the
property owner is in agreement entering into an agreement with
the City in the event those sign regulations are addressed, that
at the property owners expense they will remove those sign
panels. The property owner has informed staff they are willing
to enter into such an agreement within 60 days of approval and
record that document against the property.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Mr. Fick then clarified for Councilman Pickler that compliance
will be assured through a recorded covenant against the City.
This administrative adjustment question pertains only to those
two additional sign panels.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Ehrle, it was determined that the proposed
project falls within the definition of Section 3.01 Class 11, 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.
MOTION CARRIED.
WAIVER OF READING RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-73)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-73 for adoption, approving
Administrative Adjustment No. 0024 with the stipulation by the applicant as
articulated by the Planning Director. Refer to Resolution Book.
RESOLUTION NO, 89R-73; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING ADMINISTRATIVE ADJUSTMENT NO. 0024.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-73 duly passed and adopted.
206
City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5;30 P.M,
179; PUBLIC HEARING - VARIANCE NO, 3897 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Northwest Motor Welding Inc.
519 E. La Palma Ave.
Anaheim, CA 92801
AGENT:
Shook Building Systems Inc.
2055 S. Baker Ave.
Ontario, GA 91761
LOCATION/REQUEST: The property is located at 501-519 East La Palma Avenue.
The request is for waiver of (a) minimum number of parking spaces and
(b) minimum front setback to construct a 6,120 square foot warehouse addition
to an existing industrial building.
ZONING ADMINISTRATOR ACTION: Variance No. 3897 was approved by the Zoning
Administrator under Decision No. ZA89-06; approved Negative Declaration.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilman
Hunter and Councilman Ehrle at the meeting of February 14, 1989, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 23, 1989.
Posting of property February 23, 1989.
Mailing to property owners within 300 feet - February 24, 1989.
Joel Fick, Planning Director.
The Zoning Administrator investigated the property and the
request. Interest has been expressed by the Council how the
proposed setback related to the other buildings on the street
and in the immediate vicinity. The posted aerial photograph
points out the 6,000 square-foot addition does match the
existing setback not only for the building in existence there,
but also is consistent with the other buildings in the immediate
vicinity. There are no provisions for future widening in that
area.
Both Council Members Hunter and Ehrle felt that their questions
and concerns were answered since the setback was the main factor
for setting the matter for a hearing. Councilman Ehrle added,
however, that he does have concern with beautifying the area.
When developers or owners remodel or construct a new building,
the City requires the submittal of a landscape plan. He wanted
to know if this project had such a plan for the frontage on La
Palma; Councilman Daly also posed questions relative to
landscaping on the Sabina Street side.
207
City Hall, Anaheim, California - COUNCIL MINUTES March 7, 1989, 5:30 P.M.
Joel Fick.
In this vicinity in the industrial area the setback is proposed
merely to match the other buildings. His recollection is the
setback on Sabina Street is close to matching the existing
buildings and no new landscaping is proposed. In looking at the
plan, there appears to be space on Sabina for landscaping. He
suggested that perhaps the applicant could address what his
plans are.
John Petrie, representative of Shook Building Systems, Inc.
There is some space available to landscape on Sabina although it
is very minimal. Perhaps a 5-foot strip would be possible.
Some landscaping is existing on La Palma but he does not know if
anything is planned for Sabtna. In order to stipulate to
installing landscaping on Sabina and La Palma he would have to
clarify that with the owner.
Councilman Daly.
He also suggested that staff be in a position to give final
approval to the landscape plan.
Steve Tyler, Vice President, Northwest Motor Welding.
The applicant will do his best to install landscaping along
Sabina. As part of the variance, they have been asked to
provide gutters and curbing along Sabina. They will go from
where the curbing stops against the building as best they can
and try to improve the landscaping along La Palma as well.
Joel Fick.
The ordinance requires 5 feet of landscaping and staff will
inspect that prior to the final building and zoning inspections
for the building.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-74)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-74 for adoption, with the
understanding relative to landscaping requirements as articulated by both the
owner and staff. Refer to Resolution Book.
208
City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5;30 P,M.
RESOLUTION NO, 89R-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3897.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-74 duly passed and adopted.
179; ITEMS BI - B9 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 13, 1989
- INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 7. 1989
BI.
RECLASSIFICATION NO. 88-89-04, VARIANCE NO. 3812 AND NEGATIVE DECLARATION:
OWNERS: ALIMAD JILANEHI AND PARVANEH JILANEHI, 2037 Port Bristol,
Newport Beach, CA 92660
LOCATION: 716 N, East Street
For a change in zone from RS-7200 to RM-3000, and for waivers of (a)
maximum structural height, (b) minimum recreational/leisure area, (c)
minimum site area per dwelling unit, (d) structural setback abutting
one-family residential development and (e) structural setback
abutting a public street to construct a 3-unit condominium complex.
Reclassification No. 88-89-04 APPROVED by the Planning Commission,
PC89-39.
Variance No. 3812 APPROVED by the Planning Commission, PC89-40.
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.
B2. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3103 AND NEGATIVE
DECLARATION:
OWNERS: GAI~AD~Y, A GENERAL PARTNERSHIP, BRUCE L. BORCHARDT ET AL,
4321 E. La Palma Avenue, Anaheim, CA 92807
AGENT: BENJAMIN J. ~ALE, 4315 E. La Palma Avenue, Anaheim, CA 92807
LOCATION; 4317 East La Palma Avenue
To permit a towing and auto repair shop with waivers of
(a) improvement of right-of-way and (b) minimum number of required
parking spaces.
Conditional Use Permit No. 3103 DENIED by the Planning Commission,
PC89-42.
Waiver of Code Requirement DENIED by the Planning Commission.
Approved Negative Declaration.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
209
City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5;30 P,M.
B3, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3111 AND NEGATIVE
DECLARATION:
OWNERS: CITY EQUITIES ANAHEIM LTD, 1880 Century Park East, Suite
300, Los Angeles, CA 90067
AGENT: RALPH MILLER, 1880 Century Park East, Suite 300, Los Angeles,
CA 90067
LOCATION; 1720-40 West Lincoln Street
To construct a 36,739 square-foot commercial retail center with
waivers of (a) minimum number of parking spaces, and (b) landscaping
of required yard.
CUP NO. 3111 APPROVED by the Planning Commission, PC89-43.
Waiver of Code Requirement APPROVED by the Planning Gommtssion.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Pickler and Kaywood and, therefore, a public hearing will be scheduled
at a later date.
B4,
RECLASSIFICATION NO, 88-89-36, VARIANCE NO, 3899 AND NEGATIVE DECLARATION:
OWNERS: LUCILE M. PERRYMAN AND FRANK E. PERRYMAN, 703 N. Anaheim
Blvd., Anaheim, CA 92805
AGENT: KOKO CHANG, P.O. BOX 2868, Anaheim, CA 92814
LOCATION: 318 S. Lemon Street
For a change in zone from ML TO RM-1200 or a less intense zone, and
for waivers of (a) minimum building site area per dwelling unit, (b)
maximum structural height and (c) maximum site coverage to construct
a 22-unit "affordable" apartment complex
Reclassification No. 88-89-36 APPROVED by the Planning Commission,
PC89-44.
Variance No. 3899 APPROVED by the Planning Commission, PC89-45.
Approved Negative Declaration.
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.
B5.
VARIANCE NO. 3903 AND NEGATIVE DECLARATION:
OWNERS: JOSE L. BARRERA AND MARISELA G. BARRERA, 900 S. Mancos
Place, Anaheim, GA 92806
LOCATION: 1706 E, Willow Street
For waivers of (a) minimum lot area, (b) minimum lot width and (c)
minimum floor area of a dwelling to establish a 2-lot subdivision.
Variance No. 3903 DENIED by the Planning Commission, PC89-46.
Approved Negative Declaration.
B6, RECLASSIFICATION NO. 88-89-39, CONDITIONAL USE PERMIT NO, 3119 AND
NEGATIVE DECLARATION:
OWNERS: ANAHEIM MEMORIAL HOSPITAL ASSOCIATION, 1111 West La Palma
Avenue, Anaheim, CA 92803
210
City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989. 5;30 P.M.
AGENT: TAYLOR AND ASSOCIATES ARCHITECTS, 4 Upper Newport Plaza,
Suite 100, Newport Beach, CA 92660
LOCATION; 1225 and 1229 West La Palma Avenue
and ~101 and 1107 North Hermosa Avenue
For change in zone from RS-7200 to CO, and to permit the expansion of
an existing hospital parking lot.
Reclassification No. 88-89-39 APPROVED by the Planning Commission,
PC89-47.
CUP NO. 3119 APPROVED by the Planning Commission, PC89-48.
Approved Negative Declaration.
B7.
VARIANCE NO~ 3905 AND NEGATIVE DECLARATION:
OWNERS: STEWART GREEN & ASSOCIATES, 2180 E. Lincoln Avenue, Anaheim,
CA 92806
AGENT: BARBARA L. HOUGH DBA CHECKER BOARD PIZZA, P.O. Box 6169,
Anaheim, CA 92806
LOCATION: 2278 E. Lincoln Avenue
For waiver of minimum number of parking spaces to establish a
take-out pizza restaurant (Checker Board Pizza).
Variance No. 3905 APPROVED by the Planning Commission, PC89-49.
Approved Negative Declaration.
BB. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3112 AND NEGATIVE
DECLARATION:
OWNERS: SANTA FE LAND IMPROVEMENT COMPANY, 3230 E. Imperial Highway,
Suite 100, Brea, CA 92621
LOCATION; Property is approximately 11,29 acres at the northeast
corner of La Palma Avenue and Hancock Street,
To permit a mixed use center consisting of industrially related
retail shops, food court and day care facility with waiver of minimum
number of parking spaces.
CUP NO. 3112 DENIED by the Planning Commission, PC89-50.
Waiver of Code Requirement DENIED by the Planning Commission.
Approved Negative Declaration.
Councilwoman Kaywood noted receipt of letter dated March 2, 1989 from Halferty
and Debeiker Properties who have purchased the property from Santa Fe Pacific
Realty Corporation, requesting that they be able to return to the Planning
Commission with a redesigned plan.
Annika Santalahti, Zoning Administrator. The applicant has had the project
denied. In order for the matter to come back to the Planning Commission it
will have to be resubmitted and the necessary fees paid. The process will
have to start all over.
B9. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 2905 AND NEGATIVE
DECLARATION:
OWNERS: UNIVERSITY CINEMA, A CALIFORNIA LIMITED PARTNERSHIP, ATTN:
BRUCE SANBORN, Suite 13, Corporate Plaza, Newport Beach, CA 92660
211
City Hall, Anaheim, California COUNCIL MINUTES March 7, 1989, 5:30 P.M.
LOCATION: 5635 East La Palma Avenue
To permit a 55-foot high, 2,500 seat multi-screen indoor theater
complex with waivers of (a) minimum number of parking spaces and (b)
prohibited roof-mounted equipment.
CUP NO. 2905 APPROVED by the Planning Commission, PC89-51.
Waiver of Code Requirement APPROVED by the Planning Commission.
Approved Negative Declaration.
170; ITEMS B10 - B12 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 27.
1989 - INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 9. 1989:
Bi0, TENTATIVE TRACT NO, 13825 AND NEGATIVE DECLARATION:
OWNERS: VICTOR M. VAZQUEZ AND TERRY H. R. VAZQUEZ, 2240 West Lincoln
Avenue, Anaheim, CA 92801
LOCATION: 207-223 North Coffman Street
To establish a 2-lot, 16-unit, condominium air space subdivision.
Tentative Tract No. 13825 APPROVED by the Planning Commission.
Approved Negative Declaration.
Bll, TENTATIVE TRACT NO. 13831 AND NEGATIVE DECLARATION, SPECIMEN TREE REMOVAL
PERMIT NO. 89-01:
OWNERS: LEO G. DETERDING AND MARGARET M. DETERDING, 21102 Santa Ana
Canyon Road, Anaheim, CA 92807
PATRICIA ANN HALE, 101 S. Eucalyptus Drive, Anaheim, CA 92808
LOCATION; 104 Canyon Crest Drive
To establish an 8-lot, single-family, subdivision and permit the
removal of specimen trees.
Tentative Tract No. 13831 APPROVED by the Planning Commission.
Specimen Tree Removal No. 89-01 Withdrawn by the Applicant.
Approved Negative Declaration.
B12. TENTATIVE TRACT NO, 13744 AND NEGATIVE DECLARATION:
OWNERS: ANDREW HOMES, INC., Attn: Magdy Hanna, 4400 MacArthur
Blvd.,Suite 900, Newport Beach , CA 92660.
LOCATION: 1226 and 1234 South Western Avenue
To amend conditions of approval pertaining to recordation of Final
Tract Map.
No action taken by the Planning Commission on Tentative Tract No.
13744 - referred to City Council with recommendation that a policy be
established.
Approved Negative Declaration.
End of the Planning Commission Items.
179: ITEMS B13 - B14 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 23,
1989 DECISION DATE: MARCH 1, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS
MARCH 16, 1989:
212
City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5;30 P,M.
B13, VARIANCE NO, 3906, CATEGORICALLY EXEMPT. CLASS-4:
OWNER: Southern Pacific Transportation Co., One Market Plaza, San
Francisco, CA 94105
AGENT: Taylor Lumber Co., 411 S. Manchester Street, Anaheim, CA 92804
LOCATION; 411 South Manchester Avenue
For waiver of minimum front-yard setback to construct a 12-foot high
slatted chain link fence within required front setback abutting
Manchester Avenue.
Variance No. 3906 APPROVED by the Zoning Administrator, Decision No.
ZA89-10.
514, ADMINISTRATIVg ADJUSTMENT NO. 0028. CATEGORICALLY EXEMPT. CLASS-5:
LOCATION; 820 North Dtckel Street
Waiver of minimum side yard setback to construct a 296 square foot
room addition.
Administrative Adjustment No. 0028 needs to be processed as a
Variance.
End of the Zoning Administrator Items.
179; ORDINANCE NO, 5000 (ADOPTION); Amending Ordinance No. 4932, nunc pro
tunc, relating to zoning Reclassification No. 87-88-45 located in an area
generally bounded by Anaheim Boulevard to the west, Cypress Street to the
South, the Union Pacific Railway to the east and La Palma Avenue to the north,
excluding the area bounded by Wilhelmina Street to the north Sabina Street to
the west Sycamore Street to the south and the Union Pacific Railway to the
east.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5000)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5000 for adoption. Refer to
Ordinance Book.
ORDINANCE NO, 5000; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 4932, NUNC PRO TUNC, RELATING TO ZONING
RECLASSIFICATION NO. 87-88-45.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Ordinance No. 5000 duly passed and adopted.
213
City Hall, Anaheim, California COUNCIL MINUTES - March 7, 1989, 5:30 P.M.
179; ORDINANCE NO. 5001 CADOPTION); Amending Title 18 to rezone property
under Reclassification No. 87-88-35 at 106, 107, 110, 111, 112, and 113 Teri
Circle from the RS-7200 to the RM-1200 zone.
WAIVER OF READING - ORDINANCE; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5001)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance No. 5001 for adoption. Refer to Ordinance
Book.
ORDINANCE NO, 5001: 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:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
Kaywood
None
The Mayor declared Ordinance No. 5001 duly passed and adopted.
179: ORDINANCE NO. 5002 (ADOPTION): Amending Title 18 to rezone property
under Reclassification No. 88-89-09 located at 2011 West Ball Road from the
RS-A-43,000 to the RM-1200 zone.
WAIVER OF READING - ORDINANCE: The title of the following ordinance w~ ~
by the City Clerk. (Ordinance No. 5002)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5002 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5002; 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: COUNCIL MEMBERS: Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSTAINED: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5002 duly passed and adopted.
Councilman Daly noted the project was approved a few weeks before he became a
Council Member. Since he has some concerns he abstained from voting.
214
City Hall, Anaheim, California COUNCIL MINUTES - March 7, 1989, 5:30 P.M.
179; ORDINANCE NOS. 5003 AND 5004 ¢INTRODUCTION); Councilman Hunter offered
Ordinance Nos. 5003 and 5004 for introduction.
ORDINANCE NO. 5003: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING THE CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE NO. 4861 RELATING
TO SPECIFIC PLAN 87-1 ZONING.
ORDINANCE NO. 5004: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.020 OF SECTION 18.71.060 OF CHAPTER 18.71 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING (SP88-1).
179; RECLASSIFICATION NO. 86-87-14 AND VARIANCE NO. 3611 - EXTENSION OF TIME:
REQUESTED BY: HUGO VAZQUEZ, YOUNG LION DEVELOPMENT, 2240 West
Lincoln, Anaheim, CA 92801
LOCATION; 2240 West Lincoln Avenue
Petitioner requests an extension of time for Reclassification No.
86-87-14, (retroactive to February 3, 1988, and to expire on February
3, 1990) and for Variance No. 3611 (retroactive to February 3, 1989,
and to expire on February 3, 1990). Reclassification No. 86-87-14 is
for a change in zone from CL to RM-1200, and Variance No. 3611 is to
construct a 3-story, 34-unit "affordable" apartment complex with
waivers of required lot frontage on a public street, minimum site
area per dwelling unit, maximum building height and maximum site
coverage.
MOTION; Councilman Pickler moved to approve the above requested extension of
time on Reclassification No. 86-87-14 and Variance No. 3611, as recommended in
memorandum dated February 24, 1989 from the Planning Department. Councilman
Hunter seconded the motion. MOTION CARRIED.
103: REORGANIZATION NO. 114 AND ANNEXATION NO. 278 SAVANNA STREET;
Submitted was report dated February 28, 1989 from the Planning Department,
recommending approval of the proposed reorganization and annexation.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-75)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-75 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 89R-75~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ORDERING A MUNICIPAL REORGANIZATION FOR THE TRANSFER OF CERTAIN
UNINHABITED TERRITORY FROM THE CITY OF BUENA PARK TO THE CITY OF ANAHEIM
DESIGNATED AS ORANGE COUNTY MUNICIPAL REORGANIZATION NO. 114.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
215
City Hall, Anaheim, California COUNCIL MINUTES March 7, 1989, 5;30 P.M.
The Mayor declared Resolution No. 89R-75 duly passed and adopted.
103; REDISTRIBUTION OF PROPERTY TAXES - REORGANIZATION NO, 117 - TRANSFER OF
TERRITORY BETWEEN CITY OF ANAHEIM AND BUENA PARK: Submitted was report dated
February 28, 1989 from the Planning Department, recommending approval of the
subject.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-76)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-76 for adoption. Refer to
Resolution Book.
RESOLUTION NO, 89R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR, AND AGREEING TO THE
EXCHANGE OF PROPERTY TAXES IN CONJUNCTION WITH, THE REORGANIZATION OF CERTAIN
TERRITORY FORMING THE COMMON SPHERE OF INFLUENCE AND BOUNDARY LINES BETWEEN
THE CITY OF ANAHEIM AND THE CITY OF BUENA PARK DESIGNATED AS ORANGE COUNTY
MUNICIPAL REORGANIZATION NO. 117.
Before a vote was taken, Coucilman Daly stated he had previously expressed
concern about the division of the 70-home development between the two cities
when it came to the Council as an information item. He continues to have the
same concerns as he expressed at that time (see minutes of February 7, 1989).
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler, Kaywood and Hunter
Daly
None
The Mayor declared Resolution No. 89R-76 duly passed and adopted.
162: REQUEST FOR ZONING CODE AMENDMENT TO PERMIT CHURCHES IN THE GANYON
INDUSTRIAL AREAWITHOUT ANY TIME LIMITATIONS; Request from Pastor Michael E.
Taylor, Community Christian Church, 5435 East La Palma Avenue, Anaheim, CA
92807 to permit churches in the Anaheim Canyon Industrial Area without any
time limitations. Submitted was report dated February 28, 1989 from the
Planning Department discussing the matter in detail and recommending, if the
Council concurs with the request, certain wording changes to Anaheim Municipal
Code Section 18.61.050.614.
Pastor Michael Taylor, Community Christian Church. He has provided the
Council with written documentation which summarizes the church's concern
relative to the current zoning code limiting the stay of churches in the
Canyon Industrial Area under a conditional use permit to 3 years. (See Pastor
216
City Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1989, 5;30 P.M.
Taylor's letters of February 8, 1989 and February 22, 1989 which included a
detailed memorandum addressing the problem new churches are faced with under
the 3-year time limitation, their proposal that the code be amended by
deleting the references to time restrictions for churches in the Canyon
Industrial Area and then a listing of six concerns that had been raised as to
why churches should not be allowed in the area for a prolonged period with a
rebuttal to each of those concerns documents made a part of the record).
The problem his church is experiencing as well as other new churches allowed
in the Canyon Industrial Area, a 3-year period is a very tight one during
which to become established, to raise the necessary finances and then to pay
to build and relocate into other areas of the City. He is proposing that the
code be amended by deleting the time reference for churches in the Canyon
Industrial Area, thereby allowing churches to have more time to further
develop their plans and to establish more permanent facilities. He then spoke
to the concerns previously expressed by the Council in 1986 when the issue was
brought before the Council such as traffic congestion and parking, displacing
industrial clients, the inconsistency of the use of the industrial area for a
worshiping body etc., all of which have not evolved into problems or a
detriment to the industrial community. Further, their desire as a church, and
he would expect other churches would have similar concerns, is to become more
effective as a serving body in the community. They have the ability to offer
other services as well if they did not have time restrictions during the day.
There are three other industrial areas in Anaheim without such time
restrictions on churches. He is asking for Council's consideration and
responsiveness in a rapidly developing area in which the industrial buildings
seem to be a very key stepping stone for new churches and then being able to
move from the location to permanent property.
Councilwoman Kaywood. The reason for the 3-year limitation in the Canyon
Industrial Area is because it is in Redevelopment Project Alpha. That is why
the code was adopted and the reason why there are not more than a small number
of churches in that area. It must be an area dedicated to creating jobs and
revenue to the City and to the Redevelopment Area.
Pastor Taylor. They would like to be consistent with that intent. There are
other businesses in the area which serve industrial clients. Without time
restrictions on the church, they would also be more than willing to serve the
industrial community in the same way. A daycare center has opened up a short
distance from the church. It is a private business and has assisted parents
with daycare and other childcare needs. They would like to provide the same
type of service. It is not clear to him why a church should not be able to
provide those same kinds of services because they are a church.
Councilman Ehrle. He would be the first to defend churches but feels when
churches start out in an industrial area they should be encouraged to move
into a permanent home in a residential neighborhood. He feels it is important
for the new churches in that area to have a time limitation. It does not mean
that they cannot ask for a continuance. They want to help churches get
started but also preserve the integrity of the industrial area making sure it
will eventually become truly industrial and not filled with churches and
daycare centers. There is a need but he is not sure it is in the industrial
area and that is why there are time restrictions.
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City Hall, Anaheim, California - COUNCIL MINUTES March 7, 1989, 5;30 P.M.
Councilman Pickler. He would not be in favor of churches expanding into other
activities. He would have no problem extending a limit on a CUP but could not
approve entirely eliminating a time limitation. Perhaps after 3 years the
churches could come back and ask for an extension and this would be done on a
case by case basis. In the meantime, A1 McCord, the City's Economic
Development Manager, can keep the Council apprised of what is happening in
that industrial area.
Councilman Daly. This is property which is privately owned. The church is a
tenant of that property with one year to go on the lease. The private
enterprise system is going to make a decision on how long to lease the space.
With the CUP process in place, there is maximum leverage and control over
operations of the church. The CUP process works very well.
Council discussion followed wherein questions were also posed to staff and
Pastor Taylor.
Joel Fick, Planning Director, reported that staff took a good look at the
situation. From staff's standpoint, they have not experienced any problems
with any of the churches either way, i.e., churches complaining about nearby
industrial uses or vice versa. In reviewing other ordinances, staff found
that Anaheim's ordinance is unique. It is the only CUP ordinance that has a
permanent time restriction with no extensions. The Council in the past has
gone on record saying they are willing to consider requests when they are
reasonable. If that was the intention here, staff's recommendation is if
either the time restriction is lifted or wording is changed, the 3-year
increments be considered at a public hearing. It is important to preserve
what was the past concern of the Council that there would not be daily
conflicts between the industrial community and people on site of the church
facilities. That language should be retained.
Councilman Pickler. He suggested that a staff report be submitted ~ .......
the Council has an opportunity to analyze that information that a decision be
made at that time.
Mayor Hunter. He feels the best way to proceed is to consider 3-year
increments and after 3 years the church can come back and request an
additional 3 years vs. the current ordinance which only allows 3 years within
any lO-year period.
Councilman Ehrle. He can go along with that as long as it would not exceed
9 years.
Councilwoman Kaywood. She has a concern since the cost of land is not going
to decrease. Just as Pastor Taylor has stated they would like to have daycare
and although the need is tremendous, she feels they cannot allow that to occur.
MOTION: Mayor Hunter moved to direct the City Attorney to draft and
subsequently submit to the Council an ordinance amending the current code
which would allow churches in the Canyon Industrial Area for 3 years and then
in 3-year increments should an extension be requested. Councilman Pickler
seconded the motion.
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City Hall, Anaheim, California - COUNCIL MINUTES - March ?, 1989, 5;30 P.M,
Council Members Kaywood and Ehrle were in favor of a 9-year maximum time limit.
Councilman Ehrle thereupon amended the motion as follows:
Directing the City Attorney to draft an ordinance providing for a 3-year time
limitation for churches to locate in the Canyon Industrial Area, with the
possibility of renewal of that 3-year limitation under the CUP process but
establishing 9 years as a maximum. Councilwoman Kaywood voted no. Councilman
Pickler seconded the motion. MOTION CARRIED.
162;
REQUEST FOR REHEARING - VARIANCE NO, 3867 AND NEGATIVE DECLARATION;
OWNER:
Durfee Gardens, Partnership
1700 Raintree Road,
Fullerton, CA 92635
AGENT:
Dr. Ronald Crowley
1700 Raintree Road,
Fullerton, CA 92635
LOCATION/REQUEST: The property is located at 747-755 North East Street. The
request was to waive (a) minimum site area per dwelling unit, (b) minimum
front yard setback, (c) minimum rear yard setback, (d) minimum
recreational/leisure area and (e) maximum structural height to construct a
21-unit "affordable" condominium complex.
PLANNING COMMISSION ACTION: Variance No. 3867 was granted by the Planning
Commission under Resolution No. PC89-06; approved EIR Negative Declaration.
A review of the Planning Commission's decision was requested by Councilman
Daly and Councilwoman Kaywood and public hearing scheduled and held on
February 21, 1989 where extensive discussion took place and testimony given.
At the conclusion of the public hearing, the Council denied Variance No. 3867,
reversing the findings of the City Planning Commission, noting that if the
project is built to code it would allow approximately 18 units on the property
(see Resolution No. 89R-48).
A Request for Rehearing and Declaration of Merit was submitted on February 27,
1989 (see request attached to which were three pages outlining grounds for the
requested rehearing - made a part of the record).
Councilman Ehrle stated he was going to abstain from discussion and voting on
the matter since he has a previously declared conflict of interest.
Mayor Hunter. It was his understanding after the February 21, 1989 public
hearing, the residents were opposed to 21 condominiums but wanted the
developer to build to code which would allow for approximately 18 units.
Annika Santalahti, Zoning Administrator. What seems to have happened, the
Council was willing to go with 18 units. There were two waivers before the
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City Hall, Anaheim, California - COUNCIL MINUTES March 7, 1989, 5;30 P.M.
Council at that point - one was density and the other was a height waiver.
One of the buildings is a 4-unit building within 50 feet of a single-family
zone which for a condominium allows only 1-story. The 4 units are 2-stories
each. Taking off the top they would lose 2 units which is then 2 units under
18 units. If the Council had intended to approve 18 units, it would have been
with one waiver, waiver (e), structural height, being approved as well. If
the understanding was that Council was doing one thing and it was unclear that
a variance was needed, then perhaps the Council should reconsider the item.
MOTION; Councilman Pickler moved to grant the requested rehearing on Variance
No. 3867. Councilman Hunter seconded the motion. Councilman Ehrle
abstained. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST;
Jeff Kirsch, 2661 West Palais, posed questions relative to the proposed
ordinance amendment allowing churches in the Canyon Industrial Area for longer
than 3 years which were answered by City Attorney White.
Charles Carey, 2849 West Polk Avenue. He is speaking for himself and is a
Member of the Board of Directors of Anaheim HOME. He thereupon recommended
six items which he would like to see instituted and incorporated as part of
the Planning Commission and Council procedures relative to requests for
variances, reclassifications, i.e., land use items. He then outlined each of
the six recommended changes which had to do with public hearing notification
procedures, other procedures to be followed at public hearings, and related
issues. The Council should then consider convening a citizens committee
consisting of homeowners, business groups, developers and City planning
organizations to consider what changes should be made to existing planning and
zoning laws. Before concluding, Mr. Carey also commented on the recent
removal of two commissioners from the Planning Commission.
Robert Cone, Vice President of Carnival Time Shows. He is speaking to an item
which the Council voted upon earlier in the meeting, approving and accepting
the bid of B & B Amusements for a carnival contract for the Cinco De Mayo
Fiesta at La Palma Park. He feels staff did not realize the kind of bid they
received from B & B. His bid gave the City of Anaheim a guarantee of $20,000
whether it snowed or rained whereas the competitors bid gave a guarantee of
$12,000. He also explained other areas where he felt his bid was better for
the City and also areas which he considered to be discrepancies in meeting
specifications. He would like the opportunity to meet with staff to explain
why his is a better bid.
Councilman Daly. Because Mr. Cone was present when the item was voted upon
and intended to speak to the issue but may have misunderstood the procedures,
he feels Mr. Cone's request is a reasonable one and moved that the matter be
continued for one or two weeks to allow Mr. Cone to explain his bid further to
staff.
Mayor Hunter. Such action would set a precedent he does not want to happen.
He considers such situations bidding wars. If there are concerns, those
should have been discussed with staff prior to this time.
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Councilman Pickler. He is not going to change his vote on the matter.
Councilwoman Kaywood. Over the years it is not unusual on occasions for those
who have lost bids to claim there is something the staff was not aware of. On
those rare occasions when the matter was reopened, the original decision of
the Council was always the same.
Councilman Ehrle then seconded the motion to continue the matter and a vote
was taken on the motion which failed to carry by the following vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly and Ehrle
Pickler, Kaywood and Hunter
None
William Cohen, Member of Community Development Block Grant Communitywide
Committee for the past two years. He thanked the Council for their support
and trust in the Committee Members.
Bette Ronconi, 1241 South Walnut Street. She referred to the plight of Pastor
Taylor (Re: allowing churches to remain in the Canyon Industrial area without
time limitations) which she feels is a perfect example of the difference
between a Redevelopment area and other industrial areas within the City.
114; CITY LANDSCAPING REQUIREMENTS; Councilman Daly. He is requesting that
Planning staff submit a report on the City's existing landscape requirements
for all types of developments, the impacts of the proposed critical
intersection widening program on landscaping, a comparison with other cities
of Anaheim's 2% requirement for landscaping commercial parking lots, and other
related landscaping requirement issues for subsequent Council discussion. He
would like to have the most comprehensive report he can get and that it be
submitted as soon as the Planning Department is able to complete it. His
primary reasons for requesting such a report is due to the frequent requests
the Council receives from the development community to waive landscaping
requirements on residential projects and that the ambitious intersection
widening program may result in a loss of landscaping especially in important
tourist areas.
114/105; REQUEST FROM THE LIBRARY BOARD TO MAKE A PRESENTATION: Councilman
Ehrle, as liaison to the Library Board, explained that he had lunch with Liz
Schultz and Barbara Whorton, Chairman of the Library Board and has a short
paragraph to read from Mrs. Whorton. It was a request that the Library Board
be permitted to make a 5 or 6-minute presentation at the beginning of a
Council meeting just as the recent Vision 2000 presentation. The Library
Board is actively pursuing the goals and objectives under the Vision 2000
program. The Board would like to make a presentation whenever time is
available within the next month to six weeks.
It was determined by a consensus of the Council that a presentation will be
scheduled on a future Council agenda within the time frame requested.
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City Hall, Anaheim, California - COUNCIL MINUTES March 7, 1989, 5;30 P,M.
114/105; JOINT WORKSHOP - CITY COUNCIL/PLANNING COMMISSION: It was
determined by the Council that the workshop with the Planning Commission which
was tentatively scheduled for March 21, 1989 and requested by staff would be
held approximately three weeks from that date, or Tuesday, April 18, 1989 at
2:00 p.m.
ADJOURNMENT; Councilman Hunter moved to adjourn. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (8:45 p.m.)
LEONORA N. SOHL, CITY CLERK
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