1989/05/23City Hall, Anaheim, California COUNCIL MINUTES - May 23, 1989, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood
ABSENT: COUNCIL MEMBERS: Hunter
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY ENGINEER: Gary E. Johnson
SENIOR BUYER: Eileen Gardiner
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:55 p.m. on May 19, 1989 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Pro Tem Kaywood called the meeting to order and welcomed those in
attendance to the Council meeting. (1:59 p.m.)
INVOCATION: Pastor Don Crider, Free Methodist Church, gave the invocation.
FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119; PRESENTATION TO EMERGENCY SHELTER VOLUNTEERS: Mr. Steve Swaim,
Community Services Manager, first explained the Emergency Shelter Program that
was instituted in the City utilizing the armory in Fullerton which provided
assistance for the homeless and unsheltered during the winter months. Members
of Anaheim's management staff volunteered to man the Shelter and each of the
following received Certificates of Appreciation and the Council's heartfelt
thanks on behalf of the Community for the time, dedication and effort given by
staff for such a worthwhile and needed cause:
Pam Broberg, Carol Erickson, Debbie Fank, Tim Hewitt, Dave Hill,
Chris Jarvi, Diana Leach, Garry McRae, Lois Miller, Kevin Moore, Mike
Reynolds, Lynn Smith, Jeff Stone, Russ Stevens, Steve Swaim and Louis
Vecchione, Ben Velasquez.
Mayor Fro Tem Kaywood especially thanked Mr. Swaim for his services in
coordinating the program as well.
119: PROCLAMATIONS - PUBLIC WORKS WEEK IN ANAHEIM - MAY 21 - MAY 27, 1989:
Gary Johnson, Director of Public Works and City Engineer and John Roche,
Director of Maintenance accepted the subject proclamation following which
Mr. CaN Nelson, President of the Southern California Chapter of American
Public Works Association, presented a plaque to the City recognizing the
City's 20-year membership in the Association.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
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City Hall, Anaheim, California - COUNCIL MINUTES May 23, 1989, 1:30 P.M.
Anaheim Senior Citizens' Day in Anaheim, May 27, 1989,
Tourism Week in Anaheim, May 22 26, 1989.
Myron Reed accepted the Senior Citizen's Day proclamation and Barbara
McClelland accepted the Tourism Week proclamation.
119: DECLARATION OF COMMENDATION: A Declaration of Commendation was
unanimously adopted by the City Council and presented to Mary Camacho,
Utilities Customer Service Representative, commending her for her heroic
actions in helping to save the life of a customer. Mayor Pro Tem Kaywood and
Council Members also personally recognized Ms. Camacho, noting that it was
people like herself who make the City of Anaheim employees and community so
outstanding.
119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was
unanimously adopted by the City Council and presented to Members of the
Anaheim Board of Realtors Board President Charles "Chuck" Allen, Pat Jones,
Executive Vice President and Barbara Ward and Sharon Zinner, Co-Chairman,
saluting the volunteer efforts of 38 realtors and their families for their
exemplary assistance in fighting the City graffiti problem. Board President
Allen also presented hats to Council Members which included the words "Keep
Anaheim Graffiti Free" around the City Seal.
MINUTES; Councilman Pickler moved to approve the minutes of the regular
meetings held April 25 and May 2, 1989. Councilman Ehrle seconded the
motion. Councilman Hunter was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,003,422.31, 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-185
through 89R-192, both inclusive, for adoption)
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilman Daly seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Daly, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Councilman Pickler offered
Resolution Nos. 89R-185 through 89R-192, 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:
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City Hall, Anaheim, California - COUNCIL MINUTES - May 23, 1989, 1:30 P~M.
a. Claim submitted by Rose M. Bonn for property damage sustained
purportedly due to actions of the City on or about January 22, 1989.
b. Claim submitted by Michael Gray for property damage sustained
purportedly due to actions of the City on or about April 12, 1989.
c. Claim submitted by James Dudley for bodily injury sustained
purportedly due to actions of the City on or about October 24, 1988.
d. Claim submitted by Gary Steven Wismer for indemnity for damages
sustained purportedly due to actions of the City on or about December 30, 1988.
e. Claim submitted by Alexander Coler, Naftali Deutsch and Overland
Plumbing, Inc. for indemnity for damages sustained purportedly due to actions
of the City on or about February 2, 1989.
A2. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held April 27, 1989.
105: Receiving and filing minutes of the Community Services Board meeting
held April 27, 1989.
175: Receiving and filing a Notice to Customers of Filing of Application No.
89-05-011 by Southern California Gas Company to the Public Utilities
Commission requesting an increase in authorized rate of return on its
investment in utility facilities.
A3. 175: Awarding the contract to the lowest and best responsible bidder,
McCalla Bros, in the amount of $260,747 for Rehabilitation of Wells Nos. 12,
18, 20, 26, 35 & 105.
A4. 167: Awarding the contract to the lowest and best responsible bidder,
Steiny & Co., Inc., in the amount of $352,577 for Federal Demonstration
Project #2, Closed Circuit Television.
A5. 158: RESOLUTION NO. 89R-185: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Street improvements over Baja
Drive, also for a 6.00 foot public utility easement, a 3.00 foot & 10.00 foot
equestrian and hiking trail, domestic water distribution system, sanitary
sewer system, temporary turn-around easement and vehicular access rights to
Santa Ana Canyon Road and Arboretum Road - Tract No. 11210.)
A6. 158; RESOLUTION NO. 89R-186: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Dedication of an easement for
alley and public utility purposes over that portion of Lot 18 of Block A, west
side of Melrose Street, south of Broadway, as described on Parcel Map
No. 87-297.)
A7. 158: RESOLUTION NO 89R-187: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
493
City Hall, Anaheim, California COUNCIL MINUTES May 23, 1989, 1:30 P.M.
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Dedication along the
southeast corner of Santa Ana Canyon Road and Fairmont, also equestrian and
hiking trail easement and the easement for block wall purposes as described in
Parcel Map No. 85-264.)
AS. 155/164: Approving a Negative Declaration pursuant to CEQA findings, for
the Vermont Avenue Storm Drain Improvement, to construct a 42" to 54" RCP
storm drain and appurtenant structures 200' east of Dakota Street to Anaheim
Boulevard.
Ag. 155/164: Approving a Negative Declaration pursuant to CEQA findings,
for the Gilbert - Ball Storm Drain - Pacific Avenue to Ball Road, and in Ball
Road from Gilbert Street to Empire Street, to construct a 36" to 102" RCP
storm drain and appurtenant structures including resurfacing of Gilbert Street
and a portion of Ball Road.
Al0. 160: Accepting the bid of Bebco Truck Equipment, in the amount of
$128,476.24 for one 75-foot aerial truck and apparatus, in accordance with bid
#4683.
Ail. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding or advertising to DeAnza
Chevrolet Company, in the amount of $50,637.72 for three 1-ton service body
trucks.
Eileen Gardiner, Senior Buyer, answered questions posed by Councilman Pickler
confirming that the request on the agenda today is to purchase 3, one-ton
service body trucks.
Al2. 160: Accepting the low bid of Advanced Equipment Corporation, in the
amount of $31,900 for removing/replacement of Brookhurst Community Center
Moveable Partition walls, in accordance with bid #4688.
Al3. 160: Accepting the bid of Westrux International, in the amount of
$158,849.48 for one truck mounted 16-yard sewer and catch basin cleaner, in
accordance with bid #4696.
This item was withdrawn by staff and is to be re$cheduled at a later date.
Al4. 160: Accepting the low bid of Nobest, Incorporated, in an amount not to
exceed $113,753 for residential sidewalk replacement, area #2, in accordance
with bid proposal #4697.
Al5. 160: Accepting the low bid of Los Angeles Freightliner/GMC Incorporated,
in the amount of $53,430.36 for one 1800-gallon water truck, in accordance
with bid #4698.
Al6. 175.123: Approving an agreement with Willdan Associates, at a cost not
to exceed $43,756 to provide consulting engineering services for the Olive
Hills Transmission Main Project.
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City Hall, Anaheim, California - COUNCIL MINUTES May 23, 1989, 1:30 P.M.
Al7. 175.123: Approving an agreement with Burns & McDonnell, Inc., at a cost
not to exceed $86,500 to prepare a preliminary design, construction estimate,
and written report for a Communications System for the Utilities Department.
Al8. 123: Approving an agreement with Planning Research Corporation Public
Management Services, Inc., in the amount of $48,234 for an enhancement of the
Police Computer System Communications Network.
Al9. This item was pulled from the Consent Calendar for further discussion.
(See end of Consent Calendar.)
A20. 123/179: Approving a Covenant and Agreement Concerning Parking pursuant
to the terms of Variance No. 3859 previously granted to Anaheim General
Hospital at the City Council meeting of April 11, 1989.
This item was withdrawn by staff and is to be rescheduled at a later date.
A21. 153: RESOLUTION NO. 89R-188: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-266 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL AND TECHNICAL
MANAGEMENT. (To create the position of Job Training Program Analyst,
effective May 26, 1989.)
A22. 123: Approving an agreement with Anaheim Union High School District to
provide Park Ranger patrols on school and park facilities from May 26, 1989
through September 3, 1989.
A23. 174: Approving the 1989-90 Community Development Block Grant (CDBG)
Program and Budget to be incorporated into the Proposed Statement of Community
Development Objectives and Projected Use of Funds.
177,174: RESOLUTION NO, 89R-189; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK
GRANT PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE APPLICATION THEREFORE.
A24. 123: Waiving Council Policy 401, and approving and authorizing execution
of letter agreement with David Tau~ig and A~oeiat~, 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. (Continued from the meeting of May 16, 1989, Item Al7.)
A25. 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. (Continued from the meeting
of May 16, 1989, Item Al8.)
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City Hall, Anaheim, California COUNCIL MINUTES May 23, 1989, 1:30 P.M.
A26. This item was pulled from the Consent Calendar for further discussion.
(See end of Consent Calendar.)
A27. 123: Approving an agreement with King, Weiser, Edelman and Bazar to
provide legal services to the City.
A28. 185: Determining that on the basis of the evidence submitted by
Woodcrest Development (the property owner of the Sycamore Canyon Specific Plan
development area), that Woodcrest Development has complied in good faith with
the terms and conditions of Development Agreement No. 88-01 for the 1988-1989
period under review.
A29. 137; RESOLUTION NO, 89R-%90; A RESOLUTION APPROVING AND DIRECTING THE
EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT AND PURCHASE CONTRACT RELATING
TO COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) SPECIAL TAX
BONDS, AND A DISCLOSURE AGREEMENT, APPROVING AN AMENDED FISCAL AGENT AGREEMENT
AND A REBATE SERVICES CONTRACT AND APPROVING OTHER RELATED DOCUMENTS AND
ACTIONS IN CONNECTION THEREWITH.
137: Approving a Preliminary Official Statement for Community Facilities
District No. 1989-1 (Sycamore Canyon).
137: Approving a purchase contract with Stone & Youngberg for Community
Facilities District No. 1989-1 (Sycamore Canyon).
137: Approving a Disclosure agreement with Woodcrest Development, Inc. for
Community Facilities District No. 1989-1 (Sycamore Canyon).
137: Approving a revised Fiscal Agent Agreement for Community Facilities
District No. 1989-1 (Sycamore Canyon).
137: Approving an agreement with Jones Hall Hill &White for rebate
calculation services.
A30. 128: Approving an agreement with Seidler-Fitzgerald Public Finance in
the amount of $26,520 as financing consultants to provide special services and
render advice relating to the sale by the City of $16,000,000 Tax and Revenue
Anticipation N0t~ for th~ fiscal y~ar 1989-90.
128: Approving an agreement with Jones Hall Hill &White, as Bond Counsel.
128; RESOLUTION NO, 89R-191: A RESOLUTION CALLING FOR BIDS FOR NOTES,
APPROVING DISTRIBUTION OF OFFICIAL STATEMENT, OFFICIAL NOTICE OF SALE AND BID
FORM, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO.
128: RESOLUTION NO, 89R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1989/1990 AND THE
ISSUANCE AND SALE OF 1989 TAX AND REVENUE ANTICIPATION NOTES THEREFOR.
128: Approving the Offical Notice of Sale of the $16,000,000 1989 Tax and
Revenue Anticipation Notes.
496
City Hall, Anaheim, California - COUNCIL MINUTES - May 23, 1989, 1:30 P.M.
128: Approving the Official Statement for the 1989 Tax and Revenue
Anticipation Notes ($16,000,000).
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
Mayor Pro Tem Kaywood declared Resolution Nos. 89R-185 through 89R-192, both
inclusive, duly passed and adopted.
End of Consent Calendar. Councilman Hunter was absent. MOTIONS CARRIED.
Al9. 156/107: ESTABLISHMENT OF A REWARD LEADING TO A CONVICTION OF GRAFFITI
OFFENDERS~ Submitted was memorandum dated May 10, 1989 from the Planning
Department - Code Enforcement Division, recommending that the Council adopt a
resolution establishing a reward in the amount of $500 for information leading
to the arrest and conviction of any person who willfully damages or destroys
public or private property by the use of graffiti.
Mr. Bill Erickson, 301 East North Street. He favored the proposal noting that
it would be an additional deterrent to the eradication of graffiti and that a
full-blown Code Enforcement Program will eventually diminish the practice.
WAIVER OF READING RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-193)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-193 for adoption. Refer to
Resolution Book.
RESOLUTION NO, 89R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE PAYMENT OF A REWARD FOR INFORMATION LEADING TO THE
CONVICTION OF A PERSON WILLFULLY DAMAGING OR DESTROYING PROPERTY NOT HIS OWN
BY THE USE OF GRAFFITI.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
Mayor Pro Tem Kaywood declared Resolution No. 89R-193 duly passed and adopted.
A26. 179/142; PROPOSED ORDINANCE - MAXIMUM PERMITTED STRUCTURAL HEIGHT OF
SINGLE-FAMILY RESIDENCES IN THE SCENIC CORRIDOR: Amending various sections of
various chapters of Title 18 of the Anaheim Municipal Code relating to maximum
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City Hall, Anaheim, California - COUNCIL MINUTES May 23, 1989, 1:30 ~.M.
permitted structural height of single-family residences in the scenic corridor
zone. Submitted was report dated May 16, 1989 from the Planning Department,
recommending adoption of the proposed ordinance.
Mr. Patrick J. Pepper, Chairman, Anaheim Hills Citizens Coalition asked to
speak. He requested if Council approves the proposed ordinance that, (1) the
definition of Hidden Canyon be included in Section 7.0204 of the Anaheim
Municipal Code (AMC) to read, "The area in the City of Anaheim described as
Hidden Canyon and further described as Tract Nos. 10996 through 10998..."
Also delete the references to lots fronting on the north side of Avenida
Santiago consistent with Council's direction in January of the definition of
Hidden Canyon. (2) In Section 7.0202, that "Line of sight drawings be
required when plans are submitted utilizing the 10% exception rule for
archictectural embellishments." This is to preclude any such embellishments
from intruding onto the view of neighboring lots. Their concern with the
ordinance has been and continues to be with the preservation of the Scenic
Corridor and the protection of homeowner's rights to be notified when a
neighboring property owner chooses to depart from the developmental standards
upon which homes in the area were built. Such a change could affect
neighboring property values especially in terraced hillside locations. Since
this change from the developmental standard would be allowed by ordinance, the
neighboring residents would have no legal recourse. It is the hope of the
Coalition that the Council shares the same concerns.
Mayor Pro Tem Kaywood. She has read the material Mr. Pepper has submitted
(see letter dated April 27, 1989 and May 18, 1989 - made a part of the record)
and concurs as well as with letter dated May 16, 1989 from Mitzy Ozaki noting
that the Mohler Drive area is now 85% to 90% built out and to change standards
suddenly in that area would be unfair to all the residents now living there.
Annika Santalahti, Zoning Administrator. Regarding the Hidden Canyon
definition, that item was specifically commented on at the last Council
discussion on the subject. What she plans to do when the item comes back to
the Council for potential adoption in two weeks is to have a map of the Hidden
Canyon area and the impact of the lots to be removed. If there is another
subsequent change to the ordinance, she would like to renotify the people of
any changes. Some people are happy the way it is now and others are not.
Relative to line of sight drawings, she was aware of that request. At staff
level, they had not worked out exactly what that meant. Drawings that are
supplemental to the basic building plan drawing usually end up in a debate
with the architect or the designer. The only reason staff had not done
anything on that issue, it is different than anything staff normally sees
under a building permit but there is the possibility that Council can add that
kind of requirement into the ordinance. Staff will also take a look at that
within the two-week period and provide appropriate wording.
Councilman Pickler moved to continue consideration of the proposed ordinance
for two weeks confirming that he is not offering it for first reading at this
time. Councilman Ehrle seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
498
City Hall, Anaheim, California - COUNCIL MINUTES - May 23, 1989, 1:30 P.M.
114/172: UPDATE ON STATUS OF PEOPLE MOVER PROJECT: Gary Johnson, Director of
Public Works and City Engineer. An automated people mover project is in the
Vision 2000 program as one of the transportation strategies. The City has
greater immediate interest in the project because of the prospect of funding
from the Orange County Transportation Commission (OCTC). The 20-Year
Transportation Master Plan that will come before the Council in a couple of
weeks has a component in the Plan should a sales tax measure be passed in
Orange County to provide significant funding for feeder systems to the Los
Angeles/San Diego Corridor. Two projects mentioned are the project in the
Irvine area and one in Anaheim. Because of the anticipation that there may be
funds available, staff is looking at bringing a report to the Council in early
July with some recommendations as to what measures can be taken to position
the City for funding should it come about. The Traffic Engineer did attend a
3-day conference specifically on automated people movers in Miami and Alan
Hughes from the Chamber of Commerce also attended that meeting. There has
been some discussion with the City of Las Vegas who have a privately financed
system. They did significant work on the public side with the potential
developers of that system and staff is trying to determine how best to do that
and what participation the City could have and should have and will be
bringing that to the Council in July. That is the present status of the
people mover situation. Staff has not made any recommendations or decisions
at this point. He confirmed he will be coming forth with a report in July.
Councilman Daly then posed questions to Mr. Johnson regarding the approach
used by Las Vegas relative to a people mover as well as questions relating to
the sales tax being used for such a project.
In concluding, Councilman Daly stated his concern is that documents be
prepared and ready to go to the private sector as soon as possible unless
there is a public financing plan as an option. The costs are so great to
develop a system, he is anxious to go to the private sector and see what they
are willing to construct possibly with the help of the seed money from the
County. He is looking forward to receiving a report in July.
000/170; HEARING - GRADING PERMIT APPEAL FEE; To consider establishing a
grading permit appeal fee of $150. Submitted was report dated May 18, 1989
from the Public Works/Engineering Department recommending the establishment of
the subject fee to appeal the City Engineer's decision to issue a grading
permit.
Mayor Pro Tem Kaywood asked if anyone wished to speak to the proposed fee;
there was no response and, therefore, the hearing was closed.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-194)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-194 for adoption.
Resolution Book.
499
Refer to
City Hall, Anaheim, California - COUNCIL MINUTES - May 23, 1989, 1:30 p.M.
RESOLUTION NO, 89R-194; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A GRADING PERMIT APPEAL FEE. (Fee of $150)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
Mayor Pro Tem Kaywood declared Resolution No. 89R-194 duly passed and adopted.
179: ITEMS Bi - B5 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 4, 1989 -
DECISION DATE: MAY 11, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS MAY 26,
1989;
Blt
VARIANCE NO, 3927, CATEGORICALLY EXEMPT, CLASS l:
OWNER: EUGENE P. NOONAN, 126 Peralta Hills Drive, Anaheim, CA 92807
LOCATION: 126 Peralta Hills Drive
Waiver of maximum structural height to construct a second story
addition to an existing single-family residence.
Variance No. 3927 DENIED by the Zoning Administrator, Decision No.
ZA89-25.
B2~
VARIANCE NO. 3938 AND NEGATIVE DECLARATION:
OWNER: GERALD D. & DEBORAH M. BARNES, 743 South Thrasher, Anaheim,
CA 92807
AGENT: WILLIAM R. EDWARDS ASSOC., 234 E. 17th Street #205, Costa
Mesa, CA 92627
LOCATION: 7051 Avenida de Santiago
Waiver of maximum structural height to construct a single family
dwelling.
Variance No. 3938 APPROVED by the Zoning Administrator, Decision No.
ZA89-26.
Approved Negative Declaration.
A review of the Zoning Administrator's decision was r.quested by Council
Members Kaywood and Pickler and, therefore, a public hearing will be set at a
later date.
B3~
VARIANCE NO, 3940, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: WILLIAM & MARY SNOW, 148 Leandro Street, Anaheim, CA 92807
LOCATION: 7480 Hummingbird Circl,
Waiver of maximum structural height to construct a single family
dwelling.
Variance No. 3940 APPROVED (with deletion of condition no. 4) by the
Zoning Administrator, Decision No. ZA89-27.
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City Hall, Anaheim, California - COUNCIL MINUTES May 23, 1989, 1:30 P.M.
B4.
VARIANCE NO, 3942 AND NEGATIVE DECLARATION'
OWNER: JAMES E. HUNDLEY, 2318 S. Vineyard Avenue, Suite A, Ontario,
CA 91761
LOCATION: 3726 East Miraloma Avenue
Waiver of minimum number of parking spaces to construct 7,999 square
feet of office space within an existing 18,217 square feet warehouse
facility.
Variance No. 3942 APPROVED by the Zoning Administrator, Decision No.
ZA89-28.
Approved Negative Declaration.
B5,
VARIANCE NO, 3943 AND NEGATIVE DECLARATION:
OWNER: AMERICAN NATIONAL PROPERTIES, P.O. Box 10077, Santa Ana, CA
92711-0077
AGENT: Kevin A. Colman Alpine, 1315 E. St. Andrew Place, #G, Santa
Ana, CA 92703
LOCATION: 1415, 1425, 1435 and 1445 South Allec Street
Waiver of required lot frontage to establish a four lot industrial
subdivision.
Variance No. 3943 APPROVED by the Zoning Administrator, Decision No.
ZA89-29.
Approved Negative Declaration.
End of the Zoning Administrator items.
179: ITEMS B6 - B18 FROM THE PLANNING COMMISSION MEETING OF MAY 8, 1989 -
INFORMATION ONLY - APPEAL PERIOD ENDS MAY 30, 1989~
B6.
RECLASSIFICATION NO. 88-89-32, VARIANCE NO. 3893 AND NEGATIVE DECLARATION:
OWNER: LINDA LEE SPRAGUE, 1305 1/2 W. North Street, Anaheim, CA 92803
LOCATION: 1305 and 1307 W. North Street
For a change in zone from RS-10,O00 to RM-3000, and for waivers of
(a) minimum building site area per dwelling unit, (b) maximum
structural height, (c) minimum structural setback and (d) minimum
recreational/leisure area to construct a 16-unit condominium complex.
Reclassification No. 88-89-32 GRANTED by the Planning Commission,
PC89-123.
Variance No. 3893 GRANTED by the Planning Commission, PC89-124.
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 set at a
later date.
B7. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3141 AND NEGATIVE
DECLARATION:
OWNER: ANAHEIM REDEVELOPMENT AGENCY, ATTN: TOM KUPFRIAN, 300 S.
Harbor Boulevard, Suite 900, Anaheim, CA 92805
AGENT: DICK ENLOE AND LAUREL ENLOE, 623 S. Lemon Street, Anaheim,
CA 92805
501
City Hall, Anaheim, California COUNCIL MINUTES - May 23, 1989, 1:30 P,M.
LOCATION: 302 East Cypress Street
To permit the construction of a 427 square-foot "granny unit" in
conjunction with the move-on of a single-family structure with
waivers of (a) front yard setback, (b) side yard setback and (c) rear
yard setback.
CUP NO. 3141 GRANTED by the Planning Commission, PC89-125.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
BB. WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO, 3124 AND NEGATIVE
DECLARATION:
OWNER: SANDERSON-J-RAY DEVELOPMENT, 2699 White Road, Suite 150,
Irvine, CA 92714
LOCATION: 3360 E. La Palma Avenue
To construct a bowling alley with waiver of minimum number of parking
spaces.
CUP NO. 3124 GRANTED by the Planning Commission, PC89-126.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Pickler and, therefore, a public hearing will be set on
the matter.
Councilman Ehrle requested that the public hearing for this item be set for
June 20, 1989; after a brief Council discussion on the most appropriate date
to set the matter for a public hearing, Councilman Pickler seconded the
motion. Councilman Hunter was absent. MOTION CARRIED.
The public hearing date set for the subject Conditional Use Permit No. 3124
and Negative Declaration is Tuesday, June 20, 1989 at 6:00 p.m.
B9.
VARIANCE NO. 3921, CATEGORICALLY EXEMPT, CLASS 11:
OWNERS: SHARON G. MC LUCKEY AND JOHN MC LUCKEY,
295 Chrisalta Way, Anaheim, CA 92807
LOCATION: 295 Chri~alta Way
To waive prohibited ground mounted radio and television antennas to
retain a 12-foot high satellite dish.
Variance No. 3921 GRANTED by the Planning Commission, PC89-127.
BiO, VARIANCE NO, 3908, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: CARL ZABY, 444 W. Katella Avenue, Anaheim, CA 92802
AGENT: JAMES YOWELL, 350 W. Katella Avenue, Anaheim, CA 92802
LOCATION: 350 W, Katella Avenue
To waive (a) maximum number of freestanding signs, (b) minimum
distance between freestanding signs, (c) minimum distance of
freestanding signs to property lines to retain three existing
freestanding signs.
502
City Hall, Anaheim, California - COUNCIL MINUTES - May 23, 1989, 1:30 P.M.
Variance No. 3908 GRANTED by the Planning Commission, PC89-128.
A review of the Planning Commission's decision was requested by Council
Members Pickler and Ehrle and, therefore, a public hearing will be set at a
later date.
Bll, CONDITIONAL USE PERMIT NO, 3151 AND NEGATIVE DECLARATION:
OWNER: CHESTNUT PROPERTIES, 201 S. Balcolm, Fullerton, CA
AGENT: KALIL MELAN, 923 Lamark Lane, Anaheim, CA 92802
LOCATION: 414 S, Manchester Ave (Suites 106, 107 and 108)
To permit a 2,160 square-foot convenience market.
92632
CUP NO. 3151 GRANTED by the Planning Commission, PC89-129.
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 set at a
later date.
B12, CONDITIONAL USE PERMIT NO. 3147 AND NEGATIVE DECLARATION'
OWNER: VANDERBILT LTD., 27401 Los Altos, Suite 400, Mission Viejo,
CA 92691
AGENT: A. THOMSON HOLMES, 971 Park Rim Circle, Anaheim, CA 92807
LOCATION: Property is approximately 33 acres located at the
northwest corner of Santa Ana Canyon Road and Weir Canyon Road.
To permit a convenience market with fast-food.
No action was taken by the Planning Commission on CUP NO. 3147 due to tie
votes. Therefore, Conditional Use Permit No. 3147 was set for public hearing
on Tuesday, June 6, 1989, at 6:00 p.m.
B13, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3154 AND NEGATIVE
DECLARATION:
OWNER: ST. MARK'S METHODIST CHURCH OF ANAHEIM, CALIFORNIA, A
CORPORATION, ATTN: HILLARD WARREN, 3700 W. Orange Avenue, Anaheim,
CA 92804
LOCATION; 3700 W, Orange Avenue
TO permit the construction of two additional classrooms, a choir room
and an office at an existing church facility with waiver of minimum
structural setback.
CUP NO. 3154 GRANTED by the Planning Commission, PC89-130.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B14, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO 3156 AND NEGATIVE
DECLARATION:
OWNER: OCCIDENTAL BUSINESS CENTER II, 701 East Ball Road, Suite 100,
Anaheim, CA 92805
AGENT: PHILLIP R. SCHWARTZE, 14841 Yorba Street, Suite 100, Tustin,
CA 92680
503
City Hall, Anaheim, California COUNCIL MINUTES - May 23, 1989, 1:30 P,M.
LOCATION: 701-741 East Ball Road
To permit industrially related office uses within an existing
industrial complex with waivers of (a) minimum number of parking
spaces, (b) minimum size of compact parking spaces and (c) maximum
number of compact parking spaces.
CUP NO. 3156 GRANTED by the Planning commission, PC89-131.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B15, RECLASSIFICATION NO, 88-89-52 AND NEGATIVE DECLARATION:
OWNER: MAX WILLS, 3838 San Pablo Drive, Fullerton, CA 92635
LOCATION; 1204 W, Center Street
For a change in zone from CG to RM-1200; to construct a 16-unit
"affordable" apartment complex with waivers of (a) minimum building
site area per dwelling unit, (b) maximum structural height, (c)
maximum site coverage, (d) minimum required yard, (e) permitted
encroachment into required yard and (f) required vehicular access.
Reclassification No. 88-89-52 APPROVED (to RM-2400) by the Planning
Commission, PC89-132.
Variance No. 3946 DENIED by the Planning Commission, PC89-133.
Approved Negative Declaration.
B16, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3155 AND NEGATIVE
DECLARATION:
OWNER: HOUSEHOLD BANK, 4301 MacArthur Boulevard, Newport Beach, CA
92660
AGENT: CENTURY WEST DEVELOPMENT, INC., ATTN: ROBERT F. TORRES, 8141
Kaiser Boulevard, Suite 207, Anaheim, CA 92808
LOCATION: 530-540 North Fairhaven Street
To permit a 2-story, 17-unit, senior citizen's "affordable" apartment
complex with waivers of (a) maximum structural height and (b) minimum
site area per dwelling unit.
CUP NO. 3155 GRANTED by the Planning Commission, PC89-134.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B17. RECLASSIFICATION NO, 88-89-42, VARIANCE NO, 3910 AND NEGATIVE DECLARATION:
OWNERS: EDGA ENTERPRISES, A GENERAL PARTNERSHIP, ATTN: LES LEDERER,
1990 Westwood Blvd., 3rd Floor, Los Angeles, CA 90025-4614
AGENT: LOARA HIGH SCHOOL BAND BOOSTERS, INC., 1765 W. Cerritos
Avenue, Anaheim, CA 92802
LOCATION: 1490 South Anaheim Boulevard
For a change in zone from ML to CL, and for a waiver of minimum
number of required parking spaces to permit bingo in an existing
teenage nightclub.
Reclassification No. 88-89-42 GRANTED by the Planning Commission,
PC89-135.
5O4
-- City Hall, Anaheim, California COUNCIL MINUTES May 23, 1989, 1:30 P.M.
Variance No. 3910 GRANTED by the Planning Commission, PC89-136.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Pickler and, therefore, a public hearing will be set at a
later date.
REPORT AND RECOMMENDATION;
B18. CONSISTENCY BETWEEN THE ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS
AND THE CIRCULATION ELEMENT OF THE ANAHEIM GENERAL PLAN,
Approved by the Planning Commission.
End of the Planning Commission items.
179; ORDINANCE NO, 5029 - ADOPTION; 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.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5029)
Councilman Pickler moved to waive the reading in full of the ordinance.
Councilman Ehrle seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5029 for adoption. Refer to
Resolution Book.
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.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Pickler and Kaywood
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: Hunter
Mayor Pro Tem Kaywood declared Ordinance No. 5029 duly passed and adopted.
Councilman Daly abstained since he was not a Council Member when the project
was approved in 1987.
179: ORDINANCE NO, 5030 - ADOPTION; 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.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5030)
505
City Hall, Anaheim, California - COUNCIL MINUTES May 23, 1989, 1:30 P.M.
Councilman Pickler moved to waive the reading in full of the ordinance.
Councilman Ehrle seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5029 for adoption. Refer to
Resolution Book.
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.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Pickler and Kaywood
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: Hunter
Mayor Pro Tem Kaywood declared Ordinance No. 5030 duly passed and adopted.
Councilman Daly abstained since he was not a Council Member when the project
was approved in 1987.
106: PUBLIC HEARINGS ON THE CITY BUDGET: Councilman Ehrle proposed that
public hearings on the budget be held either earlier in the day of the
regularly scheduled Council meeting or on another day in order to give ample
opportunity for input and discussion. This will also enable the Council to
hear other public hearings on those dates during the time regularly scheduled
for such hearings. After Council input and discussion on the matter, it was
determined by a general Council consensus that budget hearings now scheduled
for June 13 and June 20, 1989 at the normal public hearing time will instead
be scheduled as follows:
10:00 a.m. on Tuesday, June 13, 1989
2:00 p.m. on Tuesday, June 20, 1989.
ITEMS OF PUBLIC INTEREST:
Ross Scarberry, 5th grader, Woodsboro Elementary School, 7575 Woodsboro
Avenue, Anaheim. Woodsboro School visits Yorba Regional Park; however, La
Palma Avenue is four lanes wide with a planter island in the middle. Because
of the growth of the area, there are many homes and businesses. People do not
like to use the 91 Freeway and instead travel down La Palma Avenue very fast.
It is very difficult for students to cross safely to go to the park as well as
for people living around the park. He is requesting that a crosswalk be
installed at the corner of Emogene and La Palma. If a stop sign is installed,
it might slow the traffic down and in that way maybe some of the people will
stop driving down La Palma. He talked to the students and passed around a
petition. He has collected 526 signatures from students, teachers and the
community of Woodsboro. He asked that the Council accept the petition and to
let him know as soon as possible if the Council plans to help with the problem.
Mayor Pro Tem Kaywood stated that the Council appreciates hearing from younger
members of the community and an answer will be forthcoming on the matter.
5O6
City Hall, Anaheim, California COUNCIL MINUTES - May 23, 1989, 1;30 P.M.
139/172; SUPPORT OF SB 1440 (DILLS) - CALIFORNIA HIGH SCHOOL DRIVER EDUCATION
PROGRAM: Mayor Pro Tem Kaywood referred to letter dated May 15, 1989 from Ted
Redenius, Governmental Affairs Representative, California Association of
Safety Education which the Council received. The letter explained that driver
training is funded by assessments on moving violations which actually takes in
over $36 million but the appropriation to school districts for driver training
is only about $20 million with the balance appropriated to the State General
Fund for other purposes. SB 1440 will right this wrong and assure that driver
training classes continue as they should which is an extremely important
program.
Councilwoman Kaywood thereupon moved to waive the 72-hour posting provision of
the Brown Act in order to act on the matter since action must be taken before
the next Council meeting. Councilman Pickler seconded the motion. Councilman
Hunter was absent. MOTION CARRIED.
Councilwoman Kaywood moved that a letter be sent from the Council to the
Senate Appropriations Committee, which Committee is meeting on June 5, 1989 to
discuss SB 1440, urging support of the bill which is designed to properly use
driver training funds to enhance the quality of this important traffic safety
program. Councilman Pickler seconded the motion. Councilman Hunter was
absent. MOTION CARRIED.
RECESS: By general consent the Council recessed for ten minutes. (3:30 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present, with the exception of Councilman Hunter. (3:50 p.m.)
176: PUBLIC HEARING ABANDONMENT 88-7A: In accordance with application
filed by J. Webb, 6148 Baja Drive, Anaheim, CA 92807, public hearing was held
on proposed abandonment of an easement for electrical utility purposes
extending along the east side of Palo Alto Drive located approximately 50 feet
south of Baja Drive - 6148 Baja Drive, pursuant to Resolution No. 89R-126 duly
published in the Anaheim Bulletin and notices thereof posted in accordance
with law.
Report of the City Engineer dated April 11, 1989 was submitted recommending
approval of said abandonment.
Mayor Pro Tem Kaywood asked if anyone wished to address the Council.
Mr. John Webb, 6148 Baja, stated he requested the abandonment
and concurs with the staff recommendation.
There being no further persons who wished to speak Mayor Pro Tem Kaywood
closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council determined that the
proposed activity falls within the definition of Section 3.01 Class 5, of the
City of Anaheim guidelines to the requirement for an Environmental Impact
507
City Hall, Anaheim, California COUNCIL MINUTES - May 23, 1989, 1:30 P,M.
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Councilman Hunter was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-195)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-195 for adoption, approving
Abandonment No. 88-7A. Refer to Resolution Book.
RESOLUTION NO. 89R-195; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED AT 6148 BA3A
DRIVE. (89R-126)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
Mayor Pro Tem Kaywood declared Resolution No. 89R-195 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT 88-17A: In accordance with application
filed by Neville D. Libby, 1661 W. Cerritos, Anaheim, CA 92802, public
hearing was held on proposed abandonment of a certain public utility easement
located north of and parallel to Cerritos Avenue, east of Euclid Street,
pursuant to Resolution No. 89R-135, duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated April 12, 1989 was submitted recommending
approval of said abandonment.
Mayor Pro Tem Kaywood asked if anyone wished to address the Council; there
being no response, she closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council determined that the
proposed activity falls within the definition of Section 3.01 Class 5, of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Councilman Hunter was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-196)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
508
City Hall, Anaheim, California COUNCIL MINUTES May 23, 1989, 1:30 P.M.
Councilman Pickler offered Resolution No. 89R-196 for adoption, approving
Abandonment No. 88-17A. Refer to Resolution Book.
RESOLUTION NO. 89R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED NORTH OF CERRITOS AVENUE,
WEST OF EUCLID STREET. (88-17A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
Mayor Pro Tem Kaywood declared Resolution No. 89R-196 duly passed and adopted.
176: PUBLIC HEARING - ABANDONMENT 88-20A: In accordance with application
filed by Alfred Stechert, 6111 East Via Sabia, Anaheim, CA 92807, public
hearing was held on proposed abandonment of an easement for public utility
purposes located at 6111 East Via Sabia, east of Anaheim Hills Road, pursuant
to Resolution No. 89R-128, duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
Report of the City Engineer dated April 11, 1989 was submitted recommending
approval of said abandonment.
Mayor Pro Tem Kaywood asked if anyone wished to address this Council; there
being no response, she closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Daly, seconded by Councilman Pickler, the City Council determined that the
proposed activity falls within the definition of Section 3.01 Class 5, of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Councilman Hunter was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-197)
Councilman Daly moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
Councilman Daly offered Resolution No. 89R-197 for adoption, approving
Abandonment No. 88-20A. Refer to Resolution Book.
RESOLUTION NO, 89R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED AT 6111 EAST VIA SABIA.
(88-20A)
Roll Call Vote:
5O9
City Hall, Anaheim, California COUNCIL MINUTES May 23, 1989, 1;30 P,M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
Mayor Pro Tem Kaywood declared Resolution No. 89R-197 duly passed and adopted.
179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO
3128 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Anne Henning Paulus
Eastlake Shore,
Big Fork, Montana, 59911
AGENT:
Mobil Oil Corporation
Attn: J. H. Huntsberry
3800 West Alameda, Suite 700,
Burbank, CA 91505-4331
LOCATION/REQUEST: The property is located at 2800 E. Lincoln Avenue. The
request is to construct an automobile service station, car wash and mini-mart
with off-sale beer and wine, and with waiver of minimum enclosed retail sales
area.
PLANNING COMMISSION ACTION: Conditional Use Permit No. 3128 was denied by the
Planning Commission, under Resolution No. PC89-88; Waiver of code requirement
was denied by the Planning Commission; approved EIR Negative Declaration.
HEARING SET ON:
A letter of appeal was submitted by the agent, J. H. Huntsberry, Mobil Oil
Corporation, and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 11, 1989.
Posting of property May 11, 1989.
Mailing to property owners within 300 feet - May 12, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 27, 1989.
Councilman Pickler first asked staff to explain the applicant's
intent in letter dated April 10, 1989 from Mobil Oil Corporation.
Annika Santalahti, Zoning Administrator.
Her understanding is that Mobil had modified the drawings as
they were originally submitted to the Planning Commission to
eliminate the need for waiver of minimum enclosed retail sales
area and also that they had made site plan changes which
reflected what the City Traffic Engineer would like to see.
They also do not plan to sell beer and wine.
510
City Hall, Anaheim, California - COUNCIL MINUTES - May 23, 1989, 1:30 P.M.
Paul Singer, Traffic Engineer.
The Planning Commission had problems with the request for
alcoholic beverages. That issue aside, another problem the
Planning Commission and he had was the accessibility of the pump
by the large trucks. He has worked with the applicant trying to
redesign the station in order to accommodate loading and
unloading of gasoline in a safe manner. This was accomplished
and Mr. Huntsberry can express his wish to be able to comply
with the requirement mutually agreed upon that they will not
unload gasoline from an interstate size truck but rather from a
double trailer.
Annika Santalahti, Zoning Administrator.
If the Council approves the CUP, it will be in part since the
proposal has changed eliminating beer and wine, fast foods and
the waiver for the area size.
Jim Huntsberry, Mobil Oil Corporation, 3800 West Alameda,
Suite 700, Burbank, CA 91505-4331.
They are proposing to remove the existing facility and construct
a 3-island gasoline facility with snacks. They will not be
selling beer and wine. That is why he said he was not going to
appeal the waiver which was the size requirement for beer and
wine. They will be selling candy bars, cokes and similar
items. Mobil is intending to develop in a less intense use.
They are going to serve the existing traffic flows. They are
compatible with the area and the size is more than adequate. As
Mr. Singer pointed out, they have worked closely with him trying
to address his concerns about bringing in the super tankers.
They have done minor relocation to the building, relocated the
underground storage tanks in a position much more conducive to
filling the station. He believes Mr. Singer is in support of
the revised drawing. Nothing has basically changed from his
original application to the Planning Commission. He agreed to
all of the conditions. He feels the Planning Commission denied
the application on the basis of the request for beer and wine.
He confirmed for Councilman Pickler that they are not now
requestin8 to sell beer and wine and there are restrooms in the
facility. He also explained for Councilman Daly that they are
on a lease in this location and have expanded the site. They
will eliminate the blighted vacant area that now exists. The
alley is to serve Carl's Jr. and the retail office to the east.
Their existing signage is quite high but they are going with a
monument sign at the request of the City. Removal of the
existing underground tanks is part of the rebuilding proposal.
Paul Singer, Traffic Engineer.
He would like to have a condition added that the service station
has to be serviced by a double tandem truck rather than an
interstate size 43-foot trailer truck.
511
City Hall, Anaheim, California - COUNCIL MINUTES May 23, 1989, 1:30 P,M.
Mr. Huntsberry agreed. He explained that the reason for the
larger tanks is to cut the number of trip times to go back and
forth on the freeway.
Councilman Pickler asked in order to save freeway trips, he is
concerned about restricting the size of the trucks that will
deliver gasoline.
Paul Singer.
He believes that Mr. Huntsberry will agree that an interstate
size 43-foot trailer will carry the same approximate load as two
tandem tankers. It will not increase the number of freeway
trips.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Pro Tem Kaywood closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Hunter was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-198)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilman Hunter was absent.
MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-198 for adoption, granting
Conditional Use Permit No. 3129, subject to an additional condition
recommended by the Traffic Engineer regarding the tanker size permitted. The
applicant also stipulated to no beer and wine and no fast-foods. Refer to
Resolution Book.
RESOLUTION NO. 89R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3128.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
512
City Hall, Anaheim, California COUNCIL MINUTES - May 23, 1989, 1;30 P.M.
Mayor Pro Tem Kaywood declared Resolution No. 89R-198 duly passed and adopted.
179: PUBLIC HEARING WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO.
3129 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Mobil Oil Corporation
Attn: J. H. Huntsberry
3800 West Alameda, Suite 700,
Burbank, CA 91505-4331
LOCATION/REQUEST: The property is located at 1200 North State College
Boulevard. The request is to construct an automobile service station, car
wash and mini-mart with off-sale beer and wine, and with waiver of minimum
enclosed retail sales area.
PLANNING COMMISSION ACTION: Conditional Use Permit No. 3129 was denied by the
Planning Commission, under Resolution No. PC89-89; Waiver of code requirement
was denied by the Planning Commission; approved EIR Negative Declaration.
HEARING SET ON:
A letter of appeal of the Planning Commission's decision was submitted by
J. H. Huntsberry, Mobile Oil Corporation, and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 11, 1989.
Posting of property May 11, 1989.
Mailing to property owners within 300 feet - May 12, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 27, 1989.
APPLICANT'S
STATEMENT:
J. H. Huntsberry, Mobil Oil Corporation.
This application is similar to the previous public hearing
(Conditional Use Permit No. 3128.) They have eliminated the
request to sell beer and wine and instead will only sell cokes,
candy and similar items. They have worked with the Traffic
Engineer on this location as well. It will handle a larger
tanker truck and they would like to have the ability to utilize
the larger trucks at the station when their tanks are being
filled.
Paul Singer, Traffic Engineer.
This station does not have the same problem as the other station
and will be able to handle larger trucks. The angle of approach
is better at this location.
Councilman Daly asked what type of signing is proposed.
513
City Hall, Anaheim, California COUNCIL MINUTES - May 23, 1989, 1:30 P,M.
Anntka Santalahti, Zoning Administrator.
The staff report indicated an 8-foot high 60 square-foot
monument type sign.
Jim Huntsberry.
He believes a condition of staff was there be monument signs at
both stations (CUP Nos. 3128 and 3129) and he will stipulate
that there will be monument signing at the stations. He also
confirmed for Councilwoman Kaywood that they will not be selling
fast-foods.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Pro Tem Kaywood closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Hunter was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-199)
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-199 for adoption, granting
Conditional Use Permit No. 3129, reversing the findings of the City Planning
Commission with the stipulation by the applicant that there will be no beer
and wine and no fast-foods sold at the station. Refer to Resolution Book.
RESOLUTION NO. §9R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3129.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Kaywood
None
Hunter
Mayor Pro Tem Kaywood declared Resolution No. 89R-199 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - May 23, 1989, 1:30 P.M.
114/101: NATIONAL COVERAGE OF FREEDOM BOWL: Councilman Ehrle announced that
the topic of the press conference held earlier today which the Council
attended was to announce that the Freedom Bowl to be held in Anaheim Stadium
on December 30, 1989 will be televised by NBC Sports thereby giving this event
national coverage. Amongst other benefits, it will mean that the Bowl will
now be able to attract some of the top ten college football teams in the
country. He commended all those responsible in bringing the Bowl to national
prominence.
RECESS - 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 - Government Code Section
54957.6.
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.
City Attorney White announced an additional item to be discussed in Closed
Session as follows:
f. To meet with the City's negotiator to consider potential
acquisition of real property owned by the County of Orange located in
the area of Katella Avenue and Douglass Road.
AFTER RECESS: Mayor Pro Tem Kaywood called the meeting to order, all Council
Members being present, with the exception of Councilman Hunter. (7:26 p.m.)
ADJOURNMENT: Councilwoman Kaywood moved to adjourn noting that no Council
meeting is scheduled next week since it is the fifth Tuesday of the month.
Councilman Pickler seconded the motion. Councilman Hunter was absent.
MOTION CARRIED. (7:27 p.m.)
LEONORA N. SOHL, CITY CLERK
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