1989/05/16City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 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
CITY ENGINEER: Gary E. Johnson
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:00 p.m. on May 12, 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; Zaidi & City of Anaheim vs. Ira Heinrich, O.C.S.C.C.
No. 40-93-99.
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.
(5:48 p.m.)
INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the
invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
473
City Hall, Anaheim, California - COUNCIL MINI3TES - May 16, 1989, 5:30 P.M.
119: PRESENTATION - CINCO DE MAYO QUEEN: Mr. Rene Lopez, Chairman, Cinco De
Mayo Fiesta Committee, introduced Norma Alvarez, the 1989 Cinco de Mayo Queen,
and presented her to the Council.
Mayor Hunter presented Ms. Alvarez with roses and congratulated her on behalf
of the Council and the City.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Nursing Home Week in Anaheim, May 14 - 19, 1989,
(Parkview Convalescent Hospital and Hallmark Nursing Center)
Meals on Wheels Day in Anaheim, May 17, 1989,
Mutual Assistance Recognition Week in Anaheim, May 20 - 27, 1989,
Management Week in Anaheim, June 3 9, 1989.
Marianne Schultz and Linda Moore accepted the Nursing Home Week proclamation
for the Hallmark Nursing Center; Mr. Tom Schnider and the President of
Rockwell's Management Chapter accepted the Management Week proclamation.
119: DECLARATION OF WELCOME: A Declaration of Welcome was unanimously
adopted by the City Council welcoming the California Cosmetology Association,
Inc. to their Convention in Anaheim starting on May 21, 1989 at the Grand
Hotel (Declaration to be presented at the Convention).
MINUTES: Councilwoman Kaywood moved to approve the adjourned regular meeting
of April 18, 1989. Councilman Pickler seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,651,032.16, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTION: The title of the following resolution on the
Consent Calendar was read by the City Manager. (Resolution No. 89R-181 for
adoption)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilman Pickler seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Hunter,
seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar. Councilman Hunter
offered Resolution No. 89R-181 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:
474
-- City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5:30 P.M.
a. Claim submitted by Belasco, Mona P., an individual and Belasco Homes,
Inc., for damages sustained purportedly due to actions of the City on or about
October 10, 1988.
b. Claim submitted by Craig & Darralyn Clarke for bodily injuries
sustained purportedly due to actions of the City on or about March 2, 1989.
c. Claim submitted by Aaron Coppersmith for bodily injuries sustained
purportedly due to actions of the City on or about December 9, 1988.
d. Claim submitted by John Curry for property damage sustained
purportedly due to actions of the City on or about February 12, 1989.
e. Claim submitted by Steven E. Davis for bodily injury and property
damage sustained purportedly due to actions of the City on or about
October 16, 1988.
f. Claim submitted by Catherine Ann Edson for property damage sustained
purportedly due to actions of the City on or about November 16, 1988.
g. Claim submitted by Bernard J. Hanlon & Grace Pearl Hanlon for bodily
injury sustained purportedly due to actions of the City on or about
February 23, 1989.
h. Claim submitted by Deborah Roulston for bodily injury sustained
purportedly due to actions of the City on or about October 16, 1988.
i. Claim submitted by U. S. Electronics for property damage sustained
purportedly due to actions of the City on or about December 9, 1988.
j. Claim submitted by Sue Bratsven for bodily injury sustained
purportedly due to actions of the City on or about January 9, 1989.
k. Claim submitted by Howard Baumann for property damage sustained
purportedly due to actions of the City on or about March 8, 1989.
1. Claim submitted by Louise Boell for property damage sustained
purportedly due to actions of the City on or about March 13, 1989.
m. Claim submitted by Leona Noel for property damage sustained
purportedly due to actions of the City on or about February 17, 1989.
n. Claim submitted by Kurt Johnson for property damage sustained
purportedly due to actions of the City on or about March 30, 1989.
o. Claim submitted by Concepcion Moreno for property damage sustained
purportedly due to actions of the City on or about December 29, 1988.
p. Claim submitted by Robert Davis for bodily injury sustained
purportedly due to actions of the City on or about October 2, 1988.
475
City Hall, Anaheim, California - COUNCIL MINUTES May 16, 1989, 5:30 P,M.
A2. 105: Receiving and filing minutes of the Anaheim Youth Commission
meeting held March 12, 1989.
105: Receiving and filing minutes of the Public Utilities Board meeting held
April 20, 1989.
A3. 150: Approving the Notice of Completion of the construction of Imperial
Park Development and Right of Way Improvements by Artistic Landscape, and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A4. 123: Approving a Reimbursement Agreement with Victor Peloqutn in an
amount not to exceed $69,131.51 pertaining to drainage facilities for a
proposed office complex at 7777 Santa Ana Canyon Road (within Drainage
District No. 41).
A5. 170/123: Approving the Final Map of Tract No. 13492 and the Subdivision
Agreement with Baldwin Building Contractors subject to the approval of the
following: Park Site Grading Feasibility Study by the Engineering Department;
Declaration of covenants (regarding maintenance) by City Attorney's office and
the Engineering Department; Street Maintenance Facility site location by
Director of Maintenance; Incorporation of facilities maintenance cost into
storm drain concept feasibility study and review by Director of Maintenance.
Tract No. 13492 is located on the easterly side of Serrano Avenue and the
north side of Oak Hills Drive, and is in conjunction with SP88-2 (The Summit
of Anaheim Hills).
Councilwoman Kaywood. She expressed concern on the subject Final Map as well
as the following items on today's agenda (3 Final Maps 13268, 13458, 13461 and
Parcel Map 88-335) with regard to the Engineering, that the grading be done
with contour grading, that there be no steep sharp cuts or crib walls and that
the grading be the way it was years ago with the contours throughout Anaheim
Hills and East Hills.
Gary Johnson, City Engineer. On the four Final Tract Maps the grading plans
have been reviewed but he does not believe a permit has been issued. If not,
there will be a hearing which he will conduct on the grading plans before
permits are issued and people will be able to attend to know the extent of the
grading, erosion control plans, dust control plans, etc. There will be an
opportunity for public input relative to grading.
A6. 170/123: Approving the Final Map of Tract No. 13268 and the Subdivision
Agreement with Baldwin Building Contractors subject to the approval of the
following: Park Site Grading Feasibility Study by the Engineering Department;
Declaration of covenants (regarding maintenance) by City Attorney's office and
the Engineering Department; Street Maintenance Facility site location by
Director of Maintenance; Incorporation of facilities maintenance cost into
storm drain concept feasibility study and review by Director of Maintenance.
Tract No. 13268 is located on the easterly side of Serrano Avenue and
northerly of Oak Hills Drive, and is in conjunction with SP88-2 (The Summit of
Anaheim Hills).
476
City Hall, Anaheim, California - COUNCIL MINUTES May 16, 1989, 5:30 P.M.
A7. 170/123: Approving the Final Map of Tract No. 13458 and the Subdivision
Agreement with Baldwin Building Contractors subject to the approval of the
following: Park Site Grading Feasibility Study by the Engineering Department;
Declaration of covenants (regarding maintenance) by City Attorney's office and
the Engineering Department; Street Maintenance Facility site location by
Director of Maintenance; Incorporation of facilities maintenance cost into
storm drain concept feasibility study and review by Director of Maintenance.
Tract No. 13458 is located on the westerly side of Serrano Avenue and the
southerly side of the Sycamore Canyon development, and is in conjunction with
SP88-2 (The Summit of Anaheim Hills).
AS. 170/123: Approving the Final Map of Tract No. 13461 and the Subdivision
Agreement with Baldwin Building Contractors subject to the approval of the
following: Park Site Grading Feasibility Study by the Engineering Department;
Declaration of covenants (regarding maintenance) by City Attorney's office and
the Engineering Department; Street Maintenance Facility site location by
Director of Maintenance; Incorporation of facilities maintenance cost into
storm drain concept feasibility study and review by Director of Maintenance.
Tract No. 13461 is located on the westerly side of Serrano Avenue and west of
Oak Hills Drive, and is in conjunction with SP88-2 (The Summit of Anaheim
Hills).
A9. 123: Approving the Subdivision Agreement of Parcel Map No. 88-335 with
Trider Corporation, said parcel being located at the northwest corner of
Anaheim Hills Road and Nohl Ranch Road.
Al0. 155/164: Approving a Negative Declaration pursuant to CEQA findings, for
Ball Road Storm Drain Improvement, Sherman Street to East Street, for
construction of 36" - 42" storm drain and appurtenant structures.
Ail. 144: Authorizing the Director of Public Works to express support to the
Orange County Transportation Commission for the designation of Katella Avenue
(from 1-605 to SR55) as the next Orange County superstreet.
Councilwoman Kaywood. She wanted to be sure of the Council's expression of
very strong support on the designation of Katella Avenue as a super street
which is important to the entire County.
Councilman Daly. He suggested in order to show the Council's strong support
that they ask the City Engineer to prepare a letter for the Mayor's signature
doing just that.
Councilman Pickler. He agrees that working with the City Engineer an
appropriate letter can be formulated and submitted to the Commission that will
bring about the most beneficial results for the City.
Al2. 160: Accepting the bid of Tank Protect Engineering, in the amount of
$21,300 to remove fuel tank at Utilities Service Center and for removal of
contaminated soil (estimated to be three to six loads) at $3,290 per load, in
accordance with bid proposal #4693, as publicly advertised.
477
City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5:30 P.M.
Al3. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to Mino Micrographics, in
the amount of $34,079.48 for one Minolta Reader - printer, camera, software
and related accessories/supplies for the Utilities Department.
Al4. 123: Approving a First Amendment to Agreement with Kinkle, Rodiger, and
Spriggs for an increase in fees from $85 to $95 per hour for legal services,
and authorizing the City Attorney to sign the amendment on behalf of the City.
Al5. 175: Authorizing the Public Utilities Department to maintain the City's
present share of the capacity in the Allen-McColloch Pipeline, and not
purchase an additional 6.6 cubic feet per second of capacity in the
Allen-McColloch Pipeline Flow Augmentation Project, as recommended by the
Public Utilities Board at their meeting of May 4, 1989.
Al6. 123: Approving letter agreements with WCO Properties Development, Inc.,
and the Grand Hotel Associates, Inc., to allow the Convention Center to
coordinate the use of their properties for occasional temporary truck
marshalling purposes at a cost of $150 per day, due to Betterment III
construction and modernization project.
Al7. 123: Waiving Council Policy 401, and approving and authorizing execution
of letter agreement with David Taussig and Associates, Inc., to provide
consulting services to assist the City with interim administration of the
Mello-Roos Community Facility Districts (CFD's), (The Highlands, Sycamore
Canyon, and The Summit) at a cost not to exceed $5,000 per CFD, plus up to
$500 for out-of-pocket expenses for each CFD.
123: Approving and authorizing the letter agreement to provide consulting
services to administer tax collections for CFD Nos. 89-1, 89-2 and 89-3 at a
cost not-to-exceed $25,000 per CFD, plus up to $3,500 in out-of-pocket
expenses for each CFD.
Staff requested a one-week continuance. Item to be rescheduled for May 23,
1989.
Al8. 123: Approving an agreement with Robert Charles Lesser & Company in the
amount of $35,000 to conduct a Situational Analysis to be the basis of an
Economic Development Strategic Plan for the City.
Staff requested a one-week continuance. Item to be rescheduled for May 23,
1989.
Al9. 106: Setting a public hearing on the proposed 1989/91 Resource
Allocation Plan for June 13, 1989, 3:00 p.m., and approving the schedule
submitted for review and adoption of the 1989/91 RAP.
A20. 113/124: Approving the Records Retention Schedule as proposed for the
Convention Center.
478
-- City Hall, Anaheim, California - COUNCIL MINUTES May 16, 1989, 5:30 P.M.
A21. 158; RESOLUTION NO 89R-181: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
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-181 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
105; RESIGNATION FROM THE COMMUNITY REDEVELOPMENT COMMISSION: Councilwoman
Kaywood moved to accept the resignation of Tina Lirette, Community
Redevelopment Commission, as tendered in her letter dated May 3, 1989,
declaring a vacancy, and directing the City Clerk to post notice of an
unscheduled vacancy on the Community Redevelopment Commission (term expiring
June 30, 1990). Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood asked that a letter of thanks be sent to Mrs. Lirette for
her service.
130: REQUEST FOR REHEARING - EMPIRE CABLE TELEVISION, INC., AND NEGATIVE
DECLARATION: Request for Rehearing submitted by Thomas G. Kieviet, Farano &
Kieviet, Attorneys representing Empire Cable TV.
At the meeting of April 11, 1989, the City Council adopted Resolution No.
89R-115 declaring its intention to grant a non-exclusive franchise for cable
television to Empire Cable Television, to be located generally in the area of
Weir Canyon Road in the Santa Ana Canyon, south of the Riverside Freeway, and
set a public hearing date of May 9, 1989.
At the meeting of May 9, 1989, the City Council denied, without prejudice, the
franchise application from Empire Cable Television, Inc.
MOTION; Councilman Hunter moved to deny the request for a rehearing.
Before any action was taken, Councilman Ehrle stated the Council has a
practice of rehearing projects that have been turned down. He has no problem
doing so again this time.
Mayor Hunter. He took issue stating that it is not a practice of the Council
to grant rehearings and he recalls over the last couple of years, it is a
rarity. The Council had an approximate 2-hour hearing on the matter where
extensive evidence was presented along with 12 Exhibits.
Councilman Pickler. If a motion is made to rehear the issue, he will be in
support. He does not know if he will change his decision but is willing to
have a rehearing in order to have some additional concerns answered.
479
City Hall, Anaheim, California - COUNCIL MINUTES May 16, 1989, 5;30 P,M.
Councilwoman Kaywood. She has no objection to granting a rehearing but not
one that will include a reiteration of everything that has already been
discussed and submitted.
EhrleM~'
MOTION; Councilman ~y-moved to grant the request for a rehearing on the
application of Empire Cable TV, Inc. Councilman Daly seconded the motion.
Before a vote was taken, City Attorney White stated if the request is granted,
it would then be appropriate under the provisions of the City Charter relative
to granting franchises to adopt a new resolution of intention relating to the
proposed franchise application and to establish a hearing date so that notices
can be given. A minimum 20-day time period is required from date of adoption
of the resolution to the date the hearing can be held which would make the
first available date June 6, 1989.
After a brief Council discussion relative to the most appropriate date to hold
the rehearing, Councilman Ehrle amended his motion to include that the
rehearing be held on Tuesday, June 13, 1989 at 3:00 p.m. Councilman Hunter
voted no. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-182)
Councilman Ehrle moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-182 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 89R-182: 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 and Hunter
Hunter
None
The Mayor declared Resolution No. 89R-182 duly passed and adopted.
123: ANAHEIM ARENA DEVELOPMENT AGREEMENT: Discussion and concerns of the
Anaheim Arena Development Agreement, Ogden Financial Services, Inc.
City Clerk Sohl announced that no action is to be taken on this item at this
time.
179/155: ITEMS Bi - BiO FROM THE PLANNING COMMISSION MEETING OF APRIL 24,
1989: INFORMATION ONLY - APPEAL PERIOD ENDS MAY 16, 1989:
480
City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5~30 P,M.
B1,
EIR NO, 273 (PREVIOUSLY CERTIFIED) SPECIMEN TREE REMOVAL PERMIT NO. 89-04:
OWNERS: PRESLEY OF SOUTHERN CALIFORNIA, 17991 Mitchell South,
Irvtne, CA 92714-6095
AGENT: FRANK ELFEND, ELFEND AND ASSOCIATES, 4675 MacArthur Court,
Suite 660, Newport Beach, CA 92660
LOCATION: Property consists of area totaling approximately 111
acres, generally bounded on the north by the East Hills Planned
Community, on the west by Deer Canyon Open Space acreage, on the
south by The Highlands residential Development Areas 2 and 3, and on
the east by the Sycamore Canyon Specific Plan development and further
described as previously-approved single-family Vesting Tentative
Tract Map Nos. 12689 (excluding Lot A designated for Deer Canyon Open
Space acreage), 12690, and 12691 (The Highlands at Anaheim Hills
Specific Plan (SP87-1).
Request to remove 66 specimen trees (Coast Live Oaks) within an area
bounded by previously-approved single-family Vesting Tentative Tract
Map Nos. 12689, 12690, and 12691 (Development Area 1 of The Highlands
at Anaheim Hills Specific Plan SP87-1).
EIR NO. 273 (PREVIOUSLY CERTIFIED) APPROVED by the Planning
Commission.
Specimen Tree Removal Permit No. 89-04 APPROVED by the Planning
Commission.
B2, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3146 AND NEGATIVE
DECLARATION:
OWNER: TRINITY LUTHERAN CHURCH, 4101 E. Nohl Ranch Road, Anaheim,
CA 92807
AGENT: GOODMAN CHURCH BUILDERS, 3535 W. Commonwealth Avenue, Suite
209, Fullerton, CA 92633
LOCATION; 4104 E. Nohl Ranch Road
To permit a 9,925 square-foot addition to an existing church facility
with waiver of minimum number of parking spaces and maximum
structural height.
B3,
CUP NO. 3146 GRANTED, IN PART, (height to be maximum 30 feet) by the
Planning Commission, PC89-110.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
RECLASSIFICATION NO, 88-89-54 AND NEGATIVE DECLARATION:
OWNER: TRIDER CORPORATION, 12 Corporate Plaza, Newport Beach, CA
92660
AGENT: GARY MC CANN, 12 Corporate Plaza, Newport Beach, CA 92660
LOCATION: Property is approximately 12.2 acres on the west side of
Anaheim Hills Road between Santa Aha Canyon Road and Nohl Ranch Road.
For a change in zone from RS-A-43,000(SC) to OS(SC).
Reclassification No. 88-89-54 GRANTED by the Planning Commission,
PC89-111.
Approved Negative Declaration.
481
City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5;30 p,M.
B4.
CONDITIONAL USE PERMIT NO, 3149 AND NEGATIVE DECLARATION:
OWNER: EXXON CORPORATION, 1200 Smith Street, Houston, TX 77210
AGENT: TAIT AND ASSOCIATES, 800 N. Eckhoff Street, Orange, CA 92613
LOCATION: 2791 E. Lincoln Avenue
To permit a self-serve gas station with convenience store.
CUP NO. 3149 GRANTED by the Planning Commission, PC89-112.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Daly and Hunter, and public hearing will be scheduled at a later date.
B5.
CONDITIONAL USE PERMIT NO. 3150 AND NEGATIVE DECLARATION:
OWlqER: EXXON CORPORATION, 1200 Smith Street, Houston, TX 77210
AGENT TAIT AND ASSOCIATES, 800 N. Eckhoff Street, Orange, CA 92613
LOCATION; 1198 South State College Boulevard
To permit a self-serve gas station with convenience store.
CUP NO. 3150 GRANTED by the Planning Commission, PC89-113.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Daly and Hunter, and public hearing will be scheduled at a later date.
B6.
CONDITIONAL USE PERMIT NO, 3152 AND NEGATIVE DECLARATION'
OWNER: STERIK COMPANY, ATTN: JANE LIEBERMAN, 828 Moraga Drive,
Belair, CA 90049
AGENT: CAL SONIC, 2960 South Daimler Avenue, Santa Ana, CA 92705
LOCATION; 88 East Orangethorpe Avenue
To permit a drive-in restaurant.
CUP NO. 3152 GRANTED by the Planning Commission, PC89-114.
Approved Negative Declaration.
B7.
VARIANCE NO, 3935 AND NEGATIVE DECLARATION:
OWI~ER: ARVINO PATEL AND PARVATI PATEL, 425 W. Katella Avenue,
Anaheim, CA 92802
AGENT: DENNIS BRADFORD AND ROBERT WADDLE, 301 N. W. 63rd, Suite 500,
Oklahoma City, OK, 73116
LOCATION: 615 W, Katella Avenue
To waive (a) minimum landscaped setback and (b) minimum number of
parking spaces to construct a 130-room hotel.
Variance No. 3935 GRANTED by the Planning Commission, PC89-115.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Pickler and Kaywood, and public hearing will be scheduled at a later
date.
482
City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5:30 P.M.
BB.
CONDITIONAL USE PERMIT NO, 3142 AND NEGATIVE DECLARATION:
OWNER: RONALD L. HERRICK, 3405 Arlington Avenue, Riverside, CA 92506
AGENT: EL POLLO LOCO (RICHARD ESCALANTE), 16700 Valley View Avenue,
La Mirada, CA 90637
LOCATION; 310, 316 and 320 E, Katella Way
To permit a drive-through restaurant (El Pollo Loco).
CUP NO. 3142 GRANTED by the Planning commission, PC89-116.
Approved Negative Declaration.
Councilman Pickler noted that the Planning Commission was concerned in this
case with Caltrans' widening of the freeway. He (Pickler) felt if the City
allows a project and subsequently Caltrans is going to take right-of-way, it
will be a cost to the taxpayers.
The Zoning Administrator and City Attorney briefly addressed the issue along
with the City Engineer who explained that Caltrans at present technically has
the authority to acquire land now on a hardship basis and to do advanced
acquisition even before the certification of the environmental document. The
City's process even without an environmental document is to notify Caltrans of
pending land use changes and developments within what is projected as the
maximum envelope or corridor of the 12-lane freeway widening. Caltrans can
then make a determination whether to acquire the property now or let it
develop. It is a decision only Caltrans can make. The City cannot require
additional setbacks or diminished intensity of land uses in anticipation of a
future project by another agency. Once the EIR is certified, the City will
know exactly where that right-of-way is and what property is affected.
No action was taken by the Council on this item.
B9. CONDITIONAL USE PERMIT NO 3081 AND NEGATIVE DECLARATION-
OWNER: DONG SOON PARK AND BYUNG HWAN PARK, 2712 Wyckersham Pi.,
Fullerton, CA 92633
AGENT: CHONG S. LEE, AIA & ASSOCIATES, 4500 Campus Drive, #520,
Newport Beach, CA 92660
LOCATION; 1523-21 West Katella Avenue
To amend conditions of approval pertaining to hours of operation.
CUP NO.3081 DENIED by the Planning Commission, PC89-117.
Approved Negative Declaration.
BIO. RECLASSIFICATION NO, 88-89-40 AND NEGATIVE DECLARATION'
OWNER: PAUL BOSTWICK, 200 W. Midway Drive, Anaheim, CA
LOCATION: 200 W. Midway Drive (Not including 2 single-family
residences, 1439 and 1450 S. Lemon Street).
To amend conditions of approval.
Reclassification No. 88-89-40 APPROVED by the Planning Commission,
PC89-118.
Approved Negative Declaration.
483
City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5:30 p.M.
170; ITEMS Bll - B12 FROM THE PLANNING COMMISSION MEETING OF MAY 8, 1989:
INFORMATION ONLY - APPEAL PERIOD ENDS MAY 18, 1989:
Bll. EIR NO. 273 (PREVIOUSLY CERTIFIED) REVIEW OF GRADING PLANS FOR
PREVIOUSLY- APPROVED SINGLE-FAMILY VESTING TENTATIVE TRACT MAP NOS, 12689
(EXCLUDING LOT A), 12690, AND 12691;
OWNERS: PRESLEY OF SOUTHERN CALIFORNIA, 17991 Mitchell South,
Irvine, CA 92714-6095
AGENT: FRANK ELFEND, ELFEND AND ASSOCIATES, 4675 MacArthur Court,
Suite 660, Newport Beach, CA 92660
LOCATION: Property consists of area totaling approximately 111
acres, generally bounded on the north by the East Hills Planned
Community, on the west by Deer Canyon Open Space acreage including
Lot A of Vesting Tentative Tract Map No. 12689, on the south by The
Highlands residential Development Areas 2 and 3, and on the east by
the Sycamore Canyon Specific Plan development and further described
as previously-approved single-family Vesting Tentative Tract Map Nos.
12689 (excluding Lot A), 12690, and 12691 (The Highlands at Anaheim
Hills Specific Plan (SP87-1).
The conditions of approval required that the Planning Commission
review grading plans for previously-approved single-family Vesting
Tentative Tract Map Nos. 12689, 12690, and 12691.
The Planning Commission, by motion, requested that City Council review this
matter.
Mayor Hunter asked to hear from the City Engineer.
Gary Johnson, City Engineer. A memorandum from the City Attorney dated
May 12, 1989 identifies the things the Council should look at in regard to
final tract maps. The discussion at the Planning Commission primarily
involved grading. He (Johnson) will be the Hearing Officer on the Grading
Plan when Presley submits the plans for a hearing. Legal notices will be sent
out on the hearing which anyone can attend to give input.
City Attorney White. The City Engineer has the exclusive jurisdiction over
approval of grading permits and is required to h01d a public hearing on the
Grading Plan prior to issuance of the permits. In that connection, one of the
options available to the City Council is to delegate responsibility for the
subject item to the City Engineer in connection with holding that hearing to
receive public input. If so, it would not be appropriate tonight to hold a
public hearing. It does not seem prudent as far as establishing a record of
the project at this time for the Council to take action on a small portion of
the Grading Plan and at the same time have the City Engineer hold a hearing at
a later date, which decision is ultimately reviewable by the City Council. It
would be very confusing both for the public as well as potentially a court to
have it so bifurcated and divided.
MOTION: Councilman Pickler moved to delegate the City Engineer to hold a
public hearing on the subject Grading Plans. Councilman Hunter seconded the
motion. MOTION CARRIED.
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City Attorney White. Notices of the public hearing will be sent out. The
legal notices will be posted, published and mailed as usually is done under
the Code. Citizens may expressly request to be added to the notification list
by calling the City Engineer's Secretary.
Mr. Johnson invited those who wish such notification to call his office
(999-5176).
B12. TENTATIVE TRACT NO, 13092 - REQUEST FOR EXTENSION OF TIME:
C. J. Queyel Anacal Engineering, requests a one-year extension of
time for Tentative Tract No. 13092.
Extension of time on Tentative Tract 13092 APPROVED by the Planning
Commission.
End of the Planning Commission Items.
179: ORDINANCES NOS. 5029 AND 5030 - INTRODUCTION: Councilman Pickler
offered Ordinance Nos. 5029 and 5030 for introduction.
ORDINANCE NO. 5029: 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. 87-88-50 at
3333, 3335, and 3335 1/2 West Ball Road from the RS-A-43,000 zone to the
RM-3000 zone)
ORDINANCE NO 5030: 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. 88-89-10 at
1811, 1817, and 1821 East Cypress Street from the RS-7200 zone to the RM-3000
zone)
ITEMS OF PUBLIC INTEREST:
Peter Lin, 3410 Condo Ridge Road, Yorba Linda. He explained about a project
he has in progress at 411 East Broadway in the Redevelopment Project Area that
will be affected by a new ordinance adopted by the Council which will become
effective on May 25, 1989. He asked the Council to grant him an additional
30 days because he cannot finish his final detailed design within 10 days.
The 30-day period will give him an opportunity to submit his plans to the
Building Department before the new ordinance becomes law.
Mayor Hunter explained that the Council cannot take action on his request but
suggested that he contact the Redevelopment Agency and explain the situation
to the Agency to determine if anything can be done.
176: PUBLIC HEARING - ABANDONMENT 88-18A; In accordance with application
filed by Hostert Construction & Development, public hearing was held on
proposed abandonment of a certain slope easement adjacent to Short Street,
westerly of Kellogg Drive, Tract 13130, pursuant to Resolution No. 89R-127,
duly published in the Anaheim Bulletin and notices thereof posted in
accordance with law.
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City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5:30 P,M.
Report of the City Engineer dated April 11, 1989, was submitted recommending
approval of said abandonment, including a condition to widen the sidewalk and
construct a block wall at the back of the sidewalk as agreed to by the
applicant.
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
Pickler, seconded by Councilwoman Kaywood, the City Council ratified the
determination of the City Engineer, that the proposed project 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. MOTION CARRIED.
WAIVER OF READING RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-183)
Councilman Pickler moved to waive the reading in full of the resolution.
Gouncilman Hunter seconded the motion. MOTION GARRIED.
Councilman Pickler offered Resolution No. 89R-183 for adoption, approving
Abandonment No. 88-18A, including the avove stated condition. Refer to
Resolution Book.
RESOLUTION NO, 89R-183: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A SLOPE EASEMENT ADJACENT TO SHORT STREET.
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-183 duly passed and adopted.
179; PUBLIC HEARING - EIR NO, 273 (pREVIOUSLy CERTIFIED), REQUEST TO AMEND
SECTION 18.70.060.040 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE
HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (SP87-1) DEVELOPMENT AREA 12 ZONIN~
AND DEVELOPMENT STANDARD SETTING FORTH THE REQUIRED LOCATION OF COVERED
PARKING SPACES:
APPLICANT: OWNER:
Presley of Southern California
17991 Mitchell South,
Irvine, CA 92714-6095
AGENT:
Frank Elfend, Elfend and Associates
4675 MacArthur Court, Suite 660,
Newport Beach, CA 92660
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City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5:30 P,M.
LOCATION; Property consists of area totaling approximately 66.9 acres,
generally located northeasterly of the intersection of Canyon Rim Road and
Serrano Avenue and further described as Development Area 12 of The Highlands
at Anaheim Hills Specific Plan (SP87-1) (previously-approved Vesting Tentative
Tract Map No. 12700 Revision No. 1 for a 232-unit residential air-space
condominium complex).
REQUEST; The petitioner requests the amendment of Section 18.70.060.040 of
the Anaheim Municipal Code pertaining to The Highlands at Anaheim Hills
Specific Plan (SP87-1) Development Area 12 Zoning and Development Standard
setting forth the required location of covered parking spaces in order to
permit approximately 50% of the required covered parking spaces (carports) to
be at a distance of between 100 feet and 220 feet from the assigned unit (Code
currently requires said covered spaces to be at a distance of 100 feet or less
from an assigned unit) in order to increase the amount of landscaping between
units and within courtyard areas.
PLANNING COMMISSION ACTION: The Planning Commission recommends approval of
the request to amend section 18.70.060.040 of the Anaheim Municipal Code
pertaining to The Highlands at Anaheim Hills Specific Plan (SP87-1)
Development Area 12 Zoning and Development Standard setting forth the required
location of covered parking spaces.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 4, 1989.
Posting of property May 4, 1989.
Mailing to property owners within 300 feet - May 5, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 10, 1989.
APPLICANT'S
STATEMENT:
Frank Elfend, Elfend and Associates, 4675 MacArthur Court,
Suite 660, Newport Beach, CA 92660.
The request is to amend the Specific Plan. The staff report
best explains the request proposed in order to increase the
amount of landscaping between building units and within
courtyard areas. He then submitted a document which included an
approved Site Plan for Development Area 12 (typical) and
Specific Plan Amendment (typical) - made a part of the record.
Working from the document, Mr. Elfend stated in looking at the
units, there are parking spaces located inside the courtyard
areas. Looking at the Specific Plan Amendment (to the right on
the document submitted) within those courtyard areas, those
spaces have been deleted and in return there is increased
landscaping. The proposal is to increase the amount of open
space by removing those parking spaces and putting them in a
location as so specified in the amendment request, thereby
allowing a more pleasant street scene. The number of carports
that will be moved are for only four one-bedroom units. The one
bedroom unit will still maintain an attached garage. It is
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City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5:30 P,M.
taking the one bedroom second unit and placing it at a greater
distance in return for open space and not having a look of a
parking area when traveling down the street.
COUNCIL ACTION:
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
Councilwoman Kaywood.
She was concerned that potential residents will have to walk
210 feet uphill to their parking space. She feels it is a poor
proposal. By making parking very inconvenient guarantees that
people will not buy to begin with or they will move out as
quickly as they can. She does not agree with the proposal at
all. The Code is in place for a very good reason and most
important is convenience to a parking space. She urged the
Council to think carefully on the matter before setting a new
precedent that makes for very unpleasant living arrangements.
Councilman Pickler.
He feels the proposal will enhance the area by putting the
parking in a less obvious area. People will know when they make
their decision that they will have to walk to their parking
space and since the change involves bachelor units, more than
likely young people will be involved and it will not be a
hardship on them.
Councilman Ehrle.
It is an opportunity for more open space and he feels it is a
good idea. It was also his understanding that only a small
number of units out of 232 will be affected.
Mr. Elfend.
There are 40 carports between 101 feet and 150 feet away, 19
between 151 feet and 220 feet and all the units will have an
attached garage. It is only for the one-bedroom units which
will be the smallest unit where the parking spaces will be
provided somewhere else.
Councilwoman Kaywood asked where the guest parking was going to
be.
Joel Fick, Planning Director.
Ail the guest parking is located within 200 feet although it may
vary.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Pickler, seconded by Councilman Hunter, the City Council finds that EIR
No. 273 which was previously certified by the City Council in conjunction with
The Highlands at Anaheim Hills Specific Plan (SP87-1) approval is adequate to
serve as the required environmental documentation for this request as the
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City Hall, Anaheim, California - COUNCIL MINUTES - May 16, 1989, 5:30 P.M.
environmental impacts and mitigation measures associated with the development
of residential structures within Development Area 12 were addressed through
the certification process and the initial study indicates that no additional
impacts would result from the approval of the amended zoning and development
standards. Councilwoman Kaywood voted No. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-184)
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-184 for adoption, amending
Specific Plan 87-1 and Zoning and Development Standards relating there to.
Refer to Resolution Book.
RESOLUTION NO, 89R-184; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SPECIFIC PLAN NO. 87-1 AND THE ZONING AND DEVELOPMENT
STANDARDS RELATING THERETO HERETOFORE ADOPTED PURSUANT TO RESOLUTION
NO. 87R-253.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
Kaywood
None
The Mayor declared Resolution No. 89R-184 duly passed and adopted.
Councilman Pickler moved to direct staff to prepare an ordinance amending
Section 18.70.060.040 of the Anaheim Municipal Code pertaining to The
Highlands at Anaheim Hills Specific Plan (SP87-1) Development Area 12 Zoning
and Development Standards setting forth the required location of covered
parking spaces. Councilman Hunter seconded the motion. Councilwoman Kaywood
voted no. MOTION CARRIED.
114/172; PEOPLE MOVER FOR ANAHEIM: Councilman Pickler. There has been
discussion about a people mover for Anaheim and getting private enterprise
involved in such a venture. He asked if there was anything that could be done
that will expedite such a project coming to fruition in the City.
City Manager, Bob Simpson explained that the City Engineer had a series of
meetings with people in Las Vegas who put together the people mover
principally through private enterprise. Data will be coming to the Council
recommending a cost study be done that will get the issue moving to give the
City something to go out to private enterprise with that will identify the
parameters of the people mover in the direction the City would like to see it
proceed. He will have Mr. Johnson give a report to the Council next week.
RECESS - CLOSED SESSION: By general consent the Council recessed to Closed
Session. (6:58 p.m.)
489
City Hall, Anaheim, California COUNCIL MINUTES - May 16, 1989, 5:30 ~,M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (7:22 p.m.)
ADJOURNMENT:
seconded the motion. MOTION CARRIED.
LEONORA N. SOHL, CITY CLERK
Councilman Ehrle moved to adjourn. Councilwoman Kaywood
(7:23 p.m.)
490