1989/08/01C_~' Hall, Anaheim, California COUNCIL MINUTES - August 1, 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
PRE~ENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
ZONING ADMINISTRATOR: Annika Santalahti
A cQmplete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:45 p.m. on July 28, 1989 at the Civic Center kiosk, containing all
items as shown herein.
May~r Hunter called the meeting to order at 4:00 p.m.
~EQI~EST 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-A6.
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 meet with its negotiator rearing possible acquisition of land
from the Phoenix Club located at 1566 Douglass Road, Anaheim,
California.
f. 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.
(5:50 p.m.)
INVOCATION: Chaplain Ted Cleveland, Anaheim Memorial Hospital, gave the
invocation.
FLA~ SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
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City Hall, Anaheim, California COUNCIL MINUTES - August 1, 1989, 5:30 P.M.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
National Night Out in Anaheim, August 8, 1989.
The proclamation was accepted by Police Chief, Joseph Molloy, and members of
the Police Department including "Officer McGruff". The Chief introduced
Debbte Moore, Community Services Representative, who was the person who put
the crime prevention program together and deserved a great deal of credit for
her efforts.
119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was
unanimously adopted by the City Council and presented to Darrel D. Hartshorn,
Battalion Chief, upon his retirement from the Fire Department after almost 26
years of service to the City and the community. He was accompanied by his
wife and son.
Mayor Hunter and the Council personally greeted Mr. Hartshorn and extended
best wishes for a happy retirement on behalf of the City and its citizens.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held June 27, 1989. Councilman Pickler seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,150,990.50, in
accordance with the 1989-90 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-329
through 89R-331, both inclusive, for adoption)
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar. Councilman Pickler
offered Resolution Nos. 89R-329 through 89R-331, both inclusive, for
adoption. Resolution Book.
Al. 107: Receiving and filing the Statistical Report Summary ending June 30,
1989, from the Building Division.
156: Receiving and filing the Anaheim Police Department Crime and Clearance
Analysis Report for the month of June, 1989.
173: Receiving and filing Application No. A89-07-021, filed with the
California Public Utilities Commission by Greyhound Lines, Inc., requesting
approval to increase passenger bus fares.
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City Hall, Anaheim, California COUNCIL MINUTES August 1, 1989, 5:30 P.M.
109: Receiving and filing the State Water Resources Control Board workshop
meeting agenda for the workshop to be held on Wednesday and Thursday,
August 2-3, 1989, in Sacramento, California.
A2. 158: Authorizing the payment of $3,510 to Thomas Broome, owner, pursuant
to agreement on file, for the cost to replace advertising signs located at 616
North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project -
R/W 3500-32.
A3. 158: Authorizing the payment of $142,234 to William C. Taormina and
Cynthia L. Taormina pursuant to agreement on file, for modifications to their
building located at 802 and 806 North Anaheim Boulevard - North Anaheim
Boulevard Street Widening Project - R/W 3500-63.
A4. 170/123: Approving the Final Map of Tract No. 13797 and Subdivision
Agreement with J. M. Peters Company, Inc. Said tract is located'south of
Orange Avenue and 1200 feet west of Knott Street within the City of Anaheim
and the City of Buena Park, and is in conjunction with Reclassification
No. 88-89-28 and Variance No. 3890, subject to adoption of Ordinance No. 5049,
Item B7.
A5. 169: Setting a public hearing to consider the establishment of a Benefit
District to pay for the cost of widening Santa Ana Canyon Road from Imperial
Highway to Weir Canyon Road pursuant to Anaheim Municipal Code 17.08.432.
A6. This item was pulled from the Consent Calendar for further discussion.
(See end of Consent Calendar.)
AT. 160: Accepting the bid of Central Maloney Company, c/o R.A. Young
Company, in the amount of $10,131.48 for four 15 KVA, and ten 37.5 KVA single
phase conventional transformers, in accordance with bid proposal #4704 as
publicly advertised.
160: Accepting the bid of General Electric Company, in the amount of
$6,525.36 for nine 15 KV current protected transformers, in accordance with
bid proposal ~4704 as publicly advertised.
160: Accepting the bid of Wesco Company, in the amount of $25,217.40 for
fifteen 25 k'VA, and fifteen 37.5 KVA current protected transformers, in
accordance with bid proposal #4704 as publicly advertised.
AS, 161; RESOLUTION NO, 89R-329; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DETERMINING THAT A PROJECT AREA COMMITTEE SHALL NOT BE FORMED
IN CONNECTION WITH THE PLAZA REDEVELOPMENT PROJECT AREA.
A9. 123: Approving a First Amendment to Agreement with Southland Ambulance
Service to extend the agreement for a period of one year, to provide two
emergency medical technicians and ambulance service at Stadium Events.
Al0, 153; RESOLUTION NO, 89R-330: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
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City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5;30 P.M.
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT AND THE CITY OF ANAHEIM. (To
implement salary relationship changes for Code Enforcement Officer I, Code
Enforcement Officer II, and Code Enforcement Officer III.)
All, 148; RESOLUTION NO. 89R-332: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM OBJECTING TO THE AIR QUALITY MANAGEMENT PLAN PROPOSED BY THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT.
Mr. Eugene Fisher, Intergovernmental Affairs for the South Coast Air Quality
Management District (SCAQMD) addressed the Council relative to this item later
in the meeting under Items of Public Interest.
Al2, 158; RESOLUTION NO, 89R-331; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY OR INTERESTS THEREIN.
Roll Call Vote on Resolution Nos. 89R-329 through 89R-331:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-329 through 89R-331, both inclusive,
duly passed and adopted.
End of Consent Calender. MOTIONS CARRIED.
155/169; ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION - FOR THE
CONSTRUCTION OF STREET. WATER AND STREET LIGHTING IMPROVEMENTS ON BROADWAY:
Approving a Negative Declaration pursuant to CEQA findings, for the
construction of street, water and street lighting improvements on Broadway
from 500 feet west of Harbor Boulevard to Manchester Avenue. Submitted was
report dated June 26, 1989 from the Public Works/Engineering Department,
recommending that the Council adopt a Negative Declaration on the subject
project.
At the meeting of July 18, 1989, public input was received on this matter
which was subsequently continued to this date (see minutes of July 18, 1989).
Councilman Hunter moved to refer the subject Negative Declaration back to
staff to include ornamental lighting vs. the lighting proposed by staff as
requested by the residents. Councilman Daly seconded the motion.
Before action was taken, Councilman Pickler noted that ornamental lighting
will cost an additional $55,000 plus recurring costs of approximately $2,300 a
year, setting a precedent on a secondary street that will be traveled quite
heavily. The ornamental lights are an additional cost to the taxpayers which
he feels is unfair.
Councilwoman Kaywood. Her concern is if an additional cost is involved plus
ongoing costs, and if residents want those, they should establish an
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City Hall, Anaheim, California - COUNCIL MINUTES August 1, 1989, 5;30 P.M.
assessment district so that the entire City does not have to pick up the costs
for that small area.
Mayor Hunter. He views it as a preservation item.
Councilman Daly. He seconded the motion because he too feels it is a
preservation and beautification item. He appreciates the residents concern
for the aesthetics of their neighborhood. Broadway Street through central
Anaheim is a pretty street with many historic homes, and modernized and
rehabilitated homes. He supports keeping the historic street lights on
Broadway. The small added expense is worth the money.
Councilman Daly continued that he was invited to attend a neighborhood meeting
in the Broadway Street area and was not aware that staff members would be
present. He commended and thanked Tom Kirker, Electrical System Design
Supervisor, and Art Daw, Deputy City Engineer, who were present to answer
questions and give their input.
Councilwoman Kaywood. There is nothing extra in the budget to pay for the
ornamental lighting. In fact, cutbacks had to be made. The $55,000 will have
to come from some place else in the budget. With an assessment district, it
is spread out in a small amount per resident per year and people should be
willing to pay for the ornamental lighting.
Councilman Ehrle. He is going to support the ornamental lighting. Anaheim is
lacking in its history and the tendency is to tear down rather than retain.
Councilwoman Kaywood. She is very concerned with Anaheim history and it was
her suggestion when the old lighting was coming down as a result of
redevelopment that the ornamental poles be saved and reinstalled in the City's
Historic District. She reiterated her concern that the $55,000 does not
represent excess funds but something else will have to be dropped from the
budget to accommodate the request.
A vote was then taken on the foregoing motion that the item be returned to
staff and that the negative declaration include ornamental street lighting as
requested by the neighborhood. Council Members Kaywood and Pickler voted no.
MOTION CARRIED.
107/142/000; ADOPTION OF 1988 EDITIONS OF VARIOUS BUILDING CODES; Adoptions
of resolutions justifying local amendments and ordinances for various Building
Codes as well as adopting new fee schedules for permits and service pursuant
to the Uniform Building, Plumbing and Mechanical Codes Uniform Building
Code, Plumbing Code, Mechanical Code, Solar Energy Code, Swimming Pool, Spa
and Hot Tub Code, Housing Code, Code for Abatement of Dangerous Buildings.
WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following
resolutions and ordinances were read by the City Clerk. (Resolution
Nos. 89R-333 through 89R-338, for adoption; Ordinance Nos. 5050 through 5056,
both inclusive, for adoption)
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City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5;30 P.M.
Councilman Hunter moved to waive the reading in full of the resolutions and
ordinances. Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution Nos. 89R-333 through 89R-338, both
inclusive, for adoption and Ordinance Nos. 5050 through 5056, both inclusive,
for adoption. Refer to Resolution Book.
1988 EDITION OF UNIFORM BUILDING CODE:
RESOLUTION NO, 89R-333; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM
BUILDING CODE, 1988 EDITION.
RESOLUTION NO, 89R-334; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW FEE SCHEDULE OF THE UNIFORM BUILDING CODE.
ORDINANCE NO, 5050; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
UNIFORM BUILDING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.04.
1988 EDITION OF UNIFORM PLUMBING CODE:
RESOLUTION NO, 89R-335; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM
PLUMBING CODE, 1988 EDITION.
RESOLUTION NO. 89R-336: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW FEE SCHEDULE FOR PERMITS AND SERVICES PURSUANT TO THE
UNIFORM PLUMBING CODE.
ORDINANCE NO, 5051; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.20 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS' UNIFORM
PLUMBING CODE, 1988 EDITION, APPENDICES A, B, C, D, E, H AND I INCLUDED, WITH
AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY
ADDING THERETO A NEW CHAPTER 15.20.
1988 EDITION OF UNIFORM MECHANICAL CODE:
RESOLUTION NO. 89R-337: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM
MECHANICAL CODE, 1988 EDITION.
RESOLUTION NO. 89R-338: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW FEE SCHEDULE FOR PERMITS AND SERVICES PURSUANT TO THE
UNIFORM MECHANICAL CODE.
ORDINANCE NO, 5052; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.50 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
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City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5~30 P.M.
UNIFORM MECHANICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.50.
1988 EDITION OF UNIFORM SOLAR ENERGY CODE:
ORDINANCE NO. 5053: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.55 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, 1988 EDITION OF THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN AMENDMENTS
THERETO, AND AMENDING NEW CHAPTER 15.50 TO TITLE 15 OF THE ANAHEIM MUNIGIPAL
CODE.
1988 EDITION OF UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE:
ORDINANCE NO. 5054; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADOPTING, BY REFERENCE, A SWIMMING POOL, SPA AND HOT TUB CODE ENTITLED,
"UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION OF THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH
AMENDMENTS THERETO, AND AMENDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE.
1988 EDITION OF UNIFORM HOUSING CODE:
ORDINANCE NO. 5055: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.36.
1988 EDITION OF UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS:
ORDINANCE NO, 5056; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REPEALING CHAPTER 15.06 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING
BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988
EDITION AS PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS'
WITH CERTAIN AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM
MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.06 THERETO.
Roll Gall Vote on Resolution Nos. 89R-333 through 89R-338:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-333 through 89R-338, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5050 through 5056:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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City Hall, Anaheim, California COUNCIL MINUTES - August 1, 1989, 5;30 P.M.
The Mayor declared Ordinance Nos. 5050 through 5056, both inclusive, duly
passed and adopted.
130: CABLE TV FRANCHISE EMPIRE CABLE TELEVISION, lNG, - ORDINANCE
NO, 5057; Granting to Empire Cable Television, Inc., the nonexclusive right,
privilege and franchise to lay and use lines, wires, coaxial cable and
appurtenances for transmitting, receiving, distributing and supplying radio,
television and other cable communication services along, across and upon
certain portions of the public streets, way, alleys, and places within
portions of the City of Anaheim. The ordinance was introduce at the meeting
of July 25, 1989 at the public hearing (see minutes that date).
City Clerk Sohl announced that Mr. John Merritt of ML Media would like to
speak.
John Merrttt, ML Media. As a provider of cable service to Anaheim he has some
concerns and new information for the Council to consider. He then deferred to
their Counsel to present the information and concerns regarding the fitness of
the applicant to hold a franchise in the City.
City Attorney White. Before any other testimony, he confirmed that the
hearing on this item was closed at the last meeting (see minutes of July 25,
1989). Action was taken and the ordinance given first reading and it is back
today for final consideration. Therefore, the testimony today will not be a
part of the previous hearing since the hearing was closed and an opportunity
given to all interested persons to speak at that time. The item was agendtzed
six weeks before the hearing that was held last Tuesday. Any testimony
tonight will be deemed input to the Council but not part of the record of the
hearing.
Walter W. Hansell, Attorney representing Multtviston ML Media Partners,
Cooper, White & Cooper, 101 California Street, San Francisco 94111. One of
the issues they' are concerned with relates to the exclusive access agreements
which ML was informed existed between Empire Cable and the developers which
are in violation of Federal law. In the original Empire application where
they were required to disclose any oral or written contracts they might have
relating to the cable system, they said they had entered into agreements in
principal with the developers. By the time of the second application, the
disclosure stated they only had discussions. It has never been discussed what
the contents of the agreements might be. It is pertinent to their fitness to
be granted a franchise as well as whether the Council has received sufficient
information from Empire to make a proper decision. In the April application,
it was also stated there was no pending litigation against Empire,
subsidiaries or affiliates. There was a complaint signed in Orange County
Superior Court against Yorba Ltnda Cable and Empire Partners by Superior Cable
TV. He questioned why this was not disclosed to the City as well. It is also
pertinent that the Council be provided with whatever information is required
to be disclosed.
John Merritt, ML Media. There are two principal reasons why they feel it is a
mistake to approve the ordinance tonight. The applicant has not proven their
substance to serve the City. They have been told and would swear under oath,
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City Hall, Anaheim. California COUNCIL MINUTES - August 1. 1989, 5;30 P,M.
developers told them they (ML Media) were excluded from the Anaheim Hills
properties, and that they would accept payment from Yorba Linda Cable for that
exclusivity to lock out the City's cable company in violation of Federal law.
City staff asked for the agreements and they have never bee~ produced.
Secondly, he questioned why Empire (Yorba Linda) Cable has not signed the
Mitigation Agreement. There are too many questions surrounding Empire Cable.
After Council's introduction of the ordinance last week, Empire Cable's
attorney turned around and stated to the press that they were going to use
ML's studio. Maybe they will not build a studio as committed to in their
franchise. ML has spent millions of dollars in studios, vans and cameras to
serve the City. Not one hour of programming has been produced in Yorba
Linda. In concluding, Mr. Merritt quoted from a recent trades article
relative to an overbuild situation identical to the subject which resulted in
negative consequences. He reiterated and emphasized that it is a great
mistake to award a franchise to people from outside the City who still have
not answered many questions.
Tom Kievtet, Farano & Kieviet. He countered the allegations made by Mr.
Merritt against Empire Cable, specifically that there was no unlawful
exclusive arrangement entered into with Empire and the developers, the
litigation matter was just recently initiated regarding a subcontractor of
Yorba Linda Cable, the $1 offered ML for public access programming was $1 per
subscriber per month, not just $1. The mitigation factor that ML is asking
for has already been incorporated into the proposed ordinance. They continue
to represent that they will sign the Mitigation Agreement.
Councilman Pickler asked the City Attorney to speak to some of the issues
broached.
City Attorney ~hite. Terms of the proposed franchise ordinance itself
contained the so called Mitigation Agreement measures which were placed in the
City-initiated franchise in order to make certain that there was no
exclusivity by Empire and that they would be required to make available
whatever easements or access rights they would otherwise have acquired to the
City, and the City in turn would be required to provide that on a nonexclusive
basis to any and all cable franchise operators approved for operation in the
City. He is not concerned with the exclusivity problem because it has been
resolved. ML has signed an agreement to do exactly the same thing contingent
upon Empire's agreement to give reciprocal rights. That has been covered and
is satisfactory to City staff.
Relative to the issue of the proposed studio, that is also covered in the
ordinance and provides if Empire cannot work an arrangement for mutual rights
of access to the existing ML facilities, that Empire will be required to
provide a studio which is not required to be within the corporate limits of
Anaheim. It can be built within a period of one year.
Tom Kievtet. If they do not reach arrangements with ML Media, he believes it
is within 180 days of the effective date of the franchise, Empire will have to
initiate alternative action for public access programming, studio facilities,
etc.
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City Hall, Anaheim, California COUNCIL MINUTES August 1, 1989, 5;30 P.M.
Councilwoman Kaywood. She is concerned that Empire Cable has been in Yorba
Linda for 11 years but have never built a studio and have no local
programming. Even with one year, if the franchise is granted and there is no
agreement between ML and Empire, she asked if that means th~ new residents who
subscribe to their service will not be receiving the Council meetings or local
government programming that ML has been providing.
City Attorney White answered no. It means they will have to provide
alternative access to that. That is why the hearing was held last week. If
there is not a reciprocal arrangement reached for use of the cameras and the
Council Chambers, it would be incumbent, subject to the control of the
Council, that a second unit would need to be provided so that meetings are
made available to subscribers of Empire.
WAIVER OF READING - ORDINANCES; The titles of the following ordinances were
read by the City Clerk. (Ordinance No. 5057)
Councilman Pickler moved to waive the reading in full of the ordinances.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5057 for adoption. Refer to
Resolution Book.
ORDINANCE NO. 5057: AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING TO EMPIRE
CABLE TELEVISION, INC. THE NONEXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO LAY
AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING,
RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND OTHER CABLE
COMMIrNICATION SERVICES ALONG, ACROSS AND UPON CERTAIN PORTIONS OF THE PUBLIC
STREETS, WAYS, ALLEYS AND PLACES WITHIN PORTIONS OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle and Pickler
Kaywood and Hunter
None
The Mayor declared Ordinance No. 5057 duly passed and adopted.
Mayor Hunter. He still has grave concerns with the situation and feels Empire
will be coming back in six months asking for extensions for studios and other
matters.
City Attorney White. He recommended that Empire be given 30 days in which to
execute a written acceptance of the franchise.
MOTION: Councilman Pickler moved to give Empire Cable TV 30 days in which to
execute a written acceptance of the franchise. Councilman Ehrle seconded the
motion. Councilman Hunter voted no. MOTION CARRIED.
105; APPOINTMENT/REAPPOINTMENT TO CITY BOARDS AND COMMISSIONS FOR TERMS
ENDING JUNE 30, 1989: The following appointments/reappotntments were
continued from the meeting of 3uly 25, 1989 to this date.
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City Hall, Anaheim. California COUNCIL MINUTES - August 1, 1989, 5;30 P,M.
COMMUNITY REDEVELOPMENT COMMISSION for the term expiring 6/30/93 (Renner,
Anthony); Councilman Ehrle moved to reappoint Doug Renner and Robert Anthony
to the Community Redevelopment Commission for the terms ending June 30, 1993.
Councilman Hunter seconded the motion. MOTION CARRIED UNANIMOUSLY.
Mr. Renner and Mr. Anthony were thereupon reappointed to the Community
Redevelopment Commission for the terms ending June 30, 1993.
SENIOR CITIZEN COMMISSION For New Term Expiring 6/30/92 {Shanahan):
Councilwoman Kaywood nominated Helena Malek; there were no additional
nominations.
Mrs. Malek was thereupon unanimously appointed to the Senior Citizens
Commission for the term ending June 30, 1992.
ITEMS OF PUBLIC INTEREST:
Eugene Fisher, Intergovernmental Affairs for South Coast Air Quality
Management District (SCAQMD), 9150 Flair Drive, E1 Monte. He is offering an
extension of the effort to reach out to the Council to provide additional
information and help relative to the Air Quality Management Plan and to
provide a cooperative working relationship with the City. They are proposing
to have a regional workshop for all local government to facilitate
implementation of the Plan. The Fair Glean Air Act and the State Legislature
has given them a mandate to do more to clean up smog in this region. It is
going to take the cooperation of citizens, local government officials and
every business in the community. He noted that in the resolution adopted by
the Council earlier in the meeting, it points out what the City would like to
see in the Plan, and they agreed. He reiterated they are offering an
opportunity to work with the City. The Plan, five years in coming, represents
a good effort. They feel it can be improved. By law, the Plan is to be
revised every two years. There will be an opportunity for the City of Anaheim
to get the changes they have identified as problems. That flexibility exists
in the Plan.
Mayor Hunter. The Council is unified in its desire for cleaner air but feel
the guidelines are very ambitious and need to be honed down. A workshop is
definitely in order so that the City can express its concerns especially
relative to costs and enf0rcability and who will pay for that enforcement.
Mr. Fisher stated that the first in the series of three meetings will be held
on October 4, 1989 at the Pasadena Convention Center with the balance in the
vicinity of Orange County and Riverside County.
Mayor Hunter requested that the dates be given to the City Clerk and
representatives from the City will be attending.
Sandra Coyle, 1616 South Euclid, Space #92, (Del Prado Mobtlehome Park). She
explained the very large rent increases she had since January, 1989 (space
rent $375) to present ($498 without utilities). This is not a reasonable
profit for the park owner. She is concerned that her future is in jeopardy
since she will not have the money to pay for such increases. She urged the
Council to consider rent control for mobilehome parks.
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City Hall, Anaheim, California COUNCIL MINUTES - August 1, 1989, 5;30 P.M.
Morton Axe, 1616 South Euclid, Space #66 (Del Prado). He is present to
protest the unusually high rent increases imposed on park residents in the
past six months. He is 80 years old and his wife is over 70 and those
increases are a burden on their ability to pay such rent, the last increases
being $75 (March, 1989) with an increase of $66 to be effective September 1,
1989. He also addressed other issues such as the 5-year lease the owners want
them to sign and the provisions of that lease. He concluded if the Council
does not give people like himself relief from unfair rent increases, it will
force them out of their homes.
Janice Barnett, 1616 South Euclid, Space #93 (Del Prado). She is trying to
save her home. With the March, 1989 increase of $75 and the $66 increase to
take effect in September, their rents will have increased 34% in six months
with no added services. Because she is working, her rent increases are higher
which is discriminatory. She is asking the Council to take a stand on rent
control unless they want hundreds of people in the streets.
Nelson Lucas, 1616 South Euclid, Space #47, President of Del Prado Mobtlehome
Park Association. Since December 1, 1988 when he moved into the park, there
have been 21 turn-overs (new residents). As of last Friday, 33 additional
homes were for sale or 54 homes out of 130 representing 42% of the park.
Mobtlehome values in their park have dropped from $55,000 in 1988 to $40,000
to $45,000 currently. Residents are selling at huge discounts just to get out
but are stuck with space rent until escrow closes. They are being forced from
their homes and at a great loss. Something is seriously wrong. Rents are
escalating at a tremendous rate ($198 in 2 1/2 years in his case). The
residents do not get those kinds of increases in their income whether they are
working or not. The 5-year leases are really 20-year leases. Rents double in
8 to 9 years and quadruple in 16 years. They do not object to reasonable rent
increases but the ones they are getting are outrageous, punitive, unnecessary
and totally unjustified. Twenty-four thousand signatures were collected to
put the proposed mobtlehome park rent initiative on the ballot. The Council
took away their privilege to vote in rejecting the initiative. They will be
happy to meet with the Council.
Helen Brown, 1616 South Euclid, Space #48 (Del Prado). When she lost her son
three years ago, with what little money she had, she bought a mobllehome.
Since she has moved into the park, she has had many rent increases. The
management wants them to sign a lease and if they do not do so, there will be
another rent increase in 60 days and these will continue until a lease is
signed. They worked hard to get the required signatures on their initiative
petition which was turned down by the Council. Something needs to be done.
Mayor Hunter. Whatever is happening in the Del Prado Mobllehome Park is
unconscionable conduct, forcing so many people out of their homes.
Councilwoman Kaywood. She will make every effort to speak to the owner. She
agrees what is happening is not right. However, all park owners cannot be
"painted with the same brush".
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City Hall, Anaheim. California - COUNCIL MINUTES - August 1, 1989, 5;30 P.M,
176; PUBLIC HEARING - ABANDONMENT NO. 89-1A: In accordance with application
filed by The Karcher Barry Company, 200 North Harbor Boulevard, Anaheim Ca.
92805, public hearing is to be held on proposed abandonment of the following
streets located generally north of Romneya Drive west of Harbor Boulevard:
Marlboro Avenue, Arlington Avenue, Chevy Chase Drive, Robin Place, Wren
Street, Bluejay Lane, Robin Street, and Brewster Avenue, in order to create a
gated community - old Chevy Chase area, pursuant to Resolution No. 89R-227,
duly published in the Anaheim Bulletin on June 29 and July 6, 1989 and notices
thereof posted in accordance with law.
Report of the City Engineer dated June 6, 1989 was submitted, recommending
approval of the abandonment noting that Karcher Barry has agreed to comply
with all Departmental requests regarding the project. The abandonment is,
therefore, subject to compliance with those requests.
The public hearing on Abandonment No. 89-1A was continued from the meeting of
July 18, 1989 and August 1, 1989, to this date.
City Clerk Sohl announced that letter dated July 27, 1989 was received from
the Karcher Barry Company requesting an additional continuance of the matter
to Tuesday, August 15, 1989.
MOTION: Councilman Pickler moved to continue the public hearing on
Abandonment No. 89-1A to Tuesday, August 15, 1989 at 6:00 p.m. Councilman
Hunter seconded the motion. MOTION CARRIED.
RECESS: By general consent the Council recessed for ten minutes. (7:10 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (7:21 p.m.)
179/170; PUBLIC HEARING - RECLASSIFICATION NO, 88-89-55, VARIANCE NO. 3944
(WITHDRAWAL REQUESTED), WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO, 3168, TENTATIVE TRACT MAP NO, 13997 AND MITIGATED NEGATIVE DECLARATION:
APPLICANT: OWNER:
Donald Hunt
12844 Inglewood Avenue,
Hawthorne, CA 90250
AGENT:
William Pearce,
2844 Inglewood Avenue,
Hawthorne, CA 90250
LOCATION: The property is located at 400 West Wilken Way.
PROJECT AS ORIGINALLY PROPOSED: For a change in zone from CG to RM-2400 or a
less intense zone, and to establish a 2-lot 106-unit condominium (Phase I)
subdivision with waivers of (a) minimum number of parking spaces,
(b) handicapped access and (c) minimum recreational-leisure area.
764
City Hall, Anaheim, California COUNCIL MINUTES - August 1, 1989, 5:30 P.M.
PROJECT AS APPROVED BY THE PLANNING COMMISSION; Reclassification No. 88-89-55
was granted by the Planning Commission to the RM-2400 or less intense zone.
(PC89-159, 7 yes, 0 no); Variance No. 3944 was withdrawn by the applicant;
waiver of code requirement was denied; Conditional Use Permit No. 3168 was
granted, in part with waivers as follow: (a) minimum number of parking spaces
- denied; (b) handicapped access - denied; (c) minimum recreational-leisure
area - deleted (PC89-160, 7 yes, 0 no); approved EIR Negative Declaration.
The Mitigated Negative Declaration is for a total of 170 condominium units to
be developed in 2 phases.
Tentative Tract Map No. 13997 was approved by the Planning Commission, subject
to the following conditions:
1. That prior to approval of the final tract map, Conditional Use
Permit No. 3168 shall have been approved and a zoning ordinance shall
have been adopted in connection with Reclassification No. 88-89-55,
now pending.
2. That the final map to record the division of subject property
shall be submitted to and approved by the Glty of Anaheim and then be
recorded in the Office of the Orange County Recorder.
3. That should this subdivision be developed as more than one
subdivision, each subdivision thereof shall be submitted in tentative
form for approval.
4. That prior to final tract map approval, street names shall be
submitted to and approved by the Zoning Division.
5. That, as required by the City Engineer, either:
(a)
A standard cul-de-sac shall be constructed at the northerly
terminus of Willowbrook Lane in accordance with Engineering
Department Standard Detail No. 107. The legal owner of subject
property shall obtain a strip of land from the owners of
affected properties for additional public right-of-way to
accommodate said standard cul-de-sac and shall irrevocably offer
to dedicate said area to the City of Anaheim for public
right-of-way; or
(b)
A standard cul-de-sac shall be constructed within the subject
property in accordance with Engineering Department Standard
Detail No. 107. Any gates to the subject proposal shall not be
constructed within said cul-de-sac.
6. That, as required by the City Engineer, either:
(a) A modified cul-de-sac shall be provided at the terminus of
Tiller Avenue; or
765
City HalS, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5;30
(b)
Tiller Avenue may be abandoned if the applicant reaches an
agreement with the property owners immediately north and south
of Tiller Avenue. In such case, an application for abandonment
must be filed and processed with the City of Anaheim and
approved by the City Council.
7. That subject property shall be served by the construction of a
new sewer in Willowbrook Lane from the subject property to Chapman
Avenue or as otherwise approved by the City Engineer. The. property
owner/developer of subject property shall comply with the
requirements of the Garden Grove Sanitary District which may include:
(a)
Payment of a pro rata share of the cost for the eighteen (18)
inch sewer serving the Alicante Princess Hotel from the OC5 DOC
sewer in Ninth Street,
(b)
Construction of a connection from the existing twelve (12) inch
.sewer in Chapman Avenue west of Harbor Boulevard to the new
eighteen (18) inch sewer, and
(c)
Construction of a new sewer in Chapman Avenue from Wtllowbrook
Lane to the new eighteen (18) inch sewer serving the Altcante
Princess Hotel.
Alternative solutions may be submitted to the City Engineering
Department for consideration and are subject to the approval of the
City Engineer and the Garden Grove Sanitary District.
8. That a new storm drain shall be installed in Willowbrook Lane to
direct drainage from subject property to an existing storm drain in
Chapman Avenue as required by the City Engineer and in accordance
with standard plans and specifications on file in the Office of the
City Engineer.
9. That all engineering requirements of the City of Anaheim along
Wtllowbrook Lane, including preparation of improvement plans and
installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer and
drainage facilities, or other appurtenant work shall be complied with
as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer; or that
security in the form of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be posted with the City to guarantee the satisfactory
completion of said improvements. Said security shall be posted with
the City prior to final tract map approval to guarantee the
installation of the above-required improvements prior to occupancy.
10. That all sewers within the subject property in private streets
and driveways shall be considered private sewers. Private sewer
plans shall be submitted to the Building Division. Maintenance of
766
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5:30
private sewers shall be the responsibility of the legal owner(s) of
subject property and shall be addressed in the Covenants, Conditions
and Restrictions.
11. That a traffic signal shall be installed at the intersection of
Wilken Way and Haster Street as required by the City Traffic
Engineer; or that security in the form of a bond, certificate of
deposit, letter of credit, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted with the City to
guarantee the satisfactory completion of said improvement. Said
security shall be posted with the City of Anaheim prior to issuance
of a building permit or prior to final tract map approval, whichever
occurs first. The above-required improvement shall be installed
within a period of one (1) year after issuance of occupancy permits
for both Phase 1 (one hundred six [106] condominiums on Lot 1) and
Phase 2 (sixty four [64] condominiums on Lot 2) unless State of
California warrants for a traffic signal are not met.
12. That prior to final tract map approval, the original documents
of the covenants, conditions, and restrictions, and a letter
addressed to the developer's title company authorizing recordation
thereof, shall be submitted to the City Attorney's Office and
approved by the City Attorney's Office, Public Utilities Department
and Engineering Division. Said documents, as approved, shall then be
filed and recorded in the Office of the Orange County Recorder.
13. That prior to final tract map approval, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as determined by the City Council.
14. That the legal property owner shall furnish to the City of
Anaheim an agreement in a form to be approved by the City Attorney
agreeing to complete the public improvements required as conditions
of this map at the legal property owner's expense and agreeing to
comply with the requirements set forth in Condition Nos. 6 through 11
mentioned, above. Said agreement shall be recorded concurrently with
the final tract and shall not to be subordinate to any recorded
encumbrance against the property.
15. That prior to final tract map approval, Condition Nos. 1, 4, 5,
12, 13 and 14, above-mentioned, shall be complied with.
16. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the Anaheim
Municipal Zoning Code and any other applicable City regulations.
Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance,
regulation or requirement.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Pickler, and public hearing scheduled this date.
767
City Hall, Anaheim, California - COUNCIL MINUTES August 1, 1989, 5:30 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 20, 1989 (amended July 22, 1989).
Posting of property July 21, 1989.
Mailing to property owners within 300 feet - July 21, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 5, 1989.
APPLICANT'S
STATEMENT:
Philltp Schwartze, P.R.S., Inc.
He referred to the site plan posted on the Chamber wall
explaining that the condominium project is to be built in two
phases. They have had an opportunity to meet with the residents
and one of the key issues - they wanted assurance that the
developer was capable of building not only Phase I but also
Phase II. The developer is a very positive one with substantial
resources and he can assure, if Phase I is approved and built,
Phase II will also be built if approved. Another key issue is
whether access will be through Wilken Way and/or Willowbrook.
Residents of Wtlken Way want access through Willowbrook, and
Willowbrook residents want access only through Wtlken Way. The
developer will be happy to accommodate whatever circulation plan
pleases the Council. Relative to parking, they are proposing
two covered parking spaces for each unit. They have
substantially more parking than the Wtllowbrook project which is
similar. Under the new code, they can accommodate the parking
on-site if the waiver is not granted. However, in Phase II they
will be able to cover it completely and, in fact, have excess
parking. Phase II will have even more than code required
parking.
Councilman Pickler asked the Traffic Engineer if they chose
Wilken Way as ingress and egress closing off Willowbrook, did he
see any problems doing that.
Paul Singer, Traffic Engineer.
If either street or both were chosen there is no problem. The
difference is going to be, should a traffic signal be
warranted. Studies by Greer & Company indicate even with all of
the traffic going to the north and using Wilken Way, the traffic
will probably not reach the warrants that indicate the need for
a signal at Wilken Way and Haster Street. He would request of
the applicant should such a condition be acceptable, that the
applicant install or at least bond for a traffic signal at
Wilken and Haster and within one year following completion of
both phases, that traffic counts be taken to determine if
warrants exist for a traffic signal. If so, the developer would
be required to install a signal. If not met, the bond would be
returned to the developer.
Philltp Schwartze.
That condition would be acceptable.
768
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5:30 P.M.
Mayor Hunter opened the public hearing stating his understanding is that the
residents are not opposed to the project but the concern is the establishment
of ingress and egress to the project.
PUBLIC DISCUSSION:
David Gnotta, President of Smoketree Homeowners Association.
He first explained that there have been many hearings relative
to this project and why they were unable to give input the last
time the issue was heard before the Planning Commission;
Councilwoman Kaywood interjected and stated it was her
understanding the hearing would be held at 7:30 p.m. but it was
actually held at 6:00 p.m. The residents, therefore, arrived
after the Planning Commission decision was made. (Mr. Gnotta
confirmed that was correct).
Mr. Gnotta continued that they were not opposed to the project -
they like it and want to see it go forward but the problem
pertains to access. It is extremely unnecessary to take access
through Wtllowbrook. The address of the property and the houses
will be on Wtlken Way. When Smoketree residents purchased their
homes, they were given assurance there would not be accesss
through Wtllowbrook from other developments. The entrance on
the Wilken Way side at this time will not face any homes. There
is a fourplex further up the street on Wtlken that would be the
only residents people from the project would pass by. One of
the key things is the fairness issue. The two streets (Wtlken
Way and Willowbrook) are not the same. Wtlken Way is diffused
immediately and there are no residents directly on the other
side whereas on Willowbrook traffic will come right through the
neighborhood. With Willowbrook there is only one way in and one
way out; the Wilken Way site currently has three direct access
routes which he explained. He concluded that the circumstances
are not the same on both streets. The Smoketree recreational
facilities are on Willowbrook and 50% of all the residents have
to cross Wtllowbrook to use the pool and recreational facilities.
Traffic studies indicate there are an estimated 1,700 vehicles
using Willowbrook now and further, that the new project would
add approximately 500 vehicles which would not have an impact on
the volume capacity of the street. Relative to volume, that is
probably correct, but as a concerned parent, adding 500 more
cars every day with children crossing to play in the pool or
recreation area it has a different connotation. They do not
understand with 7 entrances already why there needs to be 8.
There is no real need to access the project through
Willowbrook. The Council should approve the project but with no
access through Willowbrook.
Louis Angilone, 2231 South Oertely Drive.
He also feels this is a good development but feels hurt that the
Willowbrook people wish to externalize their problem and dump it
769
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5;30 P.M.
entirely on them. Originally Willowbrook was approved as a
through street.
Jennie Angilone.
She is opposed to the restriction of traffic to Wilken Way. She
sympathizes with the fact that people bought at Smoketree
thinking they were going to have a private street but it is a
public street. Everyone has to share the burden of
development. Their children have to cross Haster Street which
is much busier than Willowbrook. Knowing the traffic situation
on Chapman, the majority of the residents from the project will
exit through Wtlken Way in any case. There should be some
choice for them.
David Beal, 2369 South Mira Court, #187.
He gave a slide presentation on the traffic issue. The sole
access to the outside world for the Smoketree Townhomes, a
family-home community, is through Willowbrook. After showing
the pool, tennis courts, etc., the slides depicted the traffic
on Chapman (Chapman & Willowbrook). Not only is Chapman heavily
traveled but what needs to be considered is the traffic
generated by commercial uses, exacerbating the problem of
traffic at Willowbrook and Chapman even at the present time.
The problem is one that arises throughout the day. New
buildings being constructed on Chapman to the west will further
compound traffic. The long-term plan to make Wtllowbrook a
right-turn only street from Chapman would make it all the more
unwise to compound the load on Willowbrook. He also explained
an accident that occurred at the intersection (Willowbrook &
Chapman) as well as contrasting the situation on Chapman with
the situation that exists at Wilken Way and Harbor Boulevard.
The address is a condominium project on Wtlken Way. The only
ingress and egress through a previous very large affordable
project proposed on the subject property was going to take
access through the present gate on Wilken Way. There is no
reason now why a smaller project should not do the same.
Further, the intersection of Harbor and Wtlken Way is signalized
and has left-turn pockets. It is a much more intelligent way to
funnel the traffic than sending it through their residential
area through an ill-designed intersection which will never be
suitable for a traffic signal because it is so close to the
intersection of Chapman and Harbor. It comes down to people's
homes, people's lives and common sense.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilman Ehrle.
He asked if approval will include the signal at Haster and
Wllken Way.
770
City Hall, Anaheim, California - COUNCIL MINUTES August 1, 1989, 5:30 P.M.
Paul Singer.
The cul de sac will have to be redesigned. Gates will still
have to be installed at the southern entrance for emergency
access only. At the corner entrance, it has Lo conform to City
standards.
Phil Schwartze.
He believes Mr. Singer was saying the developer would insure a
non-daily operational gate at the Willowbrook entrance, a crash
gate for fire and emergency services, and all access would be
taken through Wilken Way. Per Mr. Singer, they stipulate to the
installation of the light at Haster and Wtlken Way being
installed after one year of Phase I and Phase II. They would
bond for it in the meantime should it need to be installed
before that time.
Annika Santalahtt, Zoning Administrator.
After the Planning Commission's actions and resolutions,
modifications were made to the conditions. Some of the use
permit conditions were moved to the rezoning action. Condition
No. 4 had added references to the on-site cul de sac and in this
case will refer only to Wilken Way. There is a gate at the main
entrance. There has to be a cul de sac in front of the gate so
that anybody entering the property can turn around and get off
the property without backing out into Wtlken Way. Condition No.
13 is the new traffic signal condition with some additional
phraseology relative to the one year period after completion of
Phases I and II. She would also like some further
clarification. Staff is recommending against granting of the
parking variance. The need for the parking variance is because
some of the units are three bedrooms and 3.5 spaces are required
for those units. Staff recommends, if the project is approved,
that the property be developed in accordance with plans but that
a minimum of 300 parking spaces be provided for the 106
residential units in Phase I. She would like clarification on
that recommendation.
Phil $chwartze.
They understand each and every one of the conditions and those
which were modified subsequent to the Planning Commission
action. They are stipulating to those with the request on the
parking waiver. They are going to begin very quickly to file
the papers for Phase II with the parking plan exactly as is.
When Phase II is in, they will no longer need the waiver if
granted for Phase I. With Phase II they will be picking up a
lot of additional parking and the need for the waiver
requirement will disappear.
Annika Santalahtt.
Parking is probably the one waiver which is the biggest concern
for the City. She does not disagree as Phase II is built they
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City Hall, Anaheim, California - COUNCIL MINUTES August 1, 1989, 5;30 P.M.
will pick up extra parking, but when a project is constructed is
when they expect to see full parking in accordance with code.
Staff would strictly recommend parking be in accordance to
code. They want to be sure there is adequate parking on-site.
Mr. Schwartze explained for Councilwoman Kaywood that relative
to Phase II they are ready with the application right now.
Mayor Hunter.
In the interim, the Council is going to hold the developer to no
waiver on parking. He asked that the discussion of Phil
Schwartze, Mr. Singer and Planning be incorporated by reference.
Councilwoman Kaywood.
She feels it would be quite hazardous to make left-turns from
Willowbrook especially with continuous left-turns that can be
made on Chapman. The potential for vehicle conflict is very
great and that is the reason why she is voting in support.
ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-339 through 89R-340, both
inclusive, for adoption)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution Nos. 89R-339 and 89R-340 for adoption;
the first approving Reclassification No. 88-89-55; the second granting
Conditional Use Permit No. 3168 with modifications as articulated by staff
relative to installation of gates which will be subject to the review and
approval of the City Traffic Engineer, that a traffic signal shall he
installed at the intersection of Wilken Way and Haster Street as required by
the City Traffic Engineer, should such improvement be necessary within a
period of one year after issuance of occupancy permits for both Phase I and
Phase II, that there shall be no parking waiver for Phase I and that Wilken
Way shall be the main entrance to the property, and that only gated emergency
access be permitted to Willowbrook Lane. Refer to Resolution Book.
RESOLUTION NO, 89R-339; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5:30 P.M. __
RESOLUTION NO, 89R-340; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3168, IN PART.
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-339 and 89R-340 duly passed and adopted.
MOTION; Councilman Hunter moved to approve Tentative Tract Map No. 13997
subject to City Planning Commission conditions. Councilman Pickler seconded
the motion. MOTION CARRIED.
RECESS; By general consent the Council recessed for ten minutes. (8:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (8:10 p.m.)
179; PUBLIC HEARING - WAIVER OF CODE REQUIREMENTS
NO, 3163 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Assistance League of Anaheim
P.O. Box 4073,
Anaheim, CA 92803
CONDITIONAL USE PERMIT
AGENT:
C. J. (Cal) Queyrel, Anacal Engineering Co.,
P.O. Box 3668,
Anaheim, CA 92803
LOCATION/REQUEST: The property is located at 1341 W. La Palma Avenue. The
request is to permit expansion of an existing private club with waivers of (a)
minimum front yard setback and (b) minimum side yard setback.
PROJECT AS APPROVED BY THE PLANNING COMMISSION: Conditional Use Permit No.
3163 was denied (PC89-162 5 yes, 1 no, 1 conflict); waiver of code
requirements were denied by the Planning Commission; approved Negative
Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler and Councilman Daly at the meeting of June 27, 1989, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 20, 1989.
Posting of property July 21, 1989.
Mailing to property owners within 300 feet - July 21, 1989.
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City Hall, Anaheim, California COUNCIL MINUTES August 1, 1989, 5:30 P.M.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 19, 1989.
APPLICANT'S
STATEMENT:
Joan Hoyt, President of the Assistance League.
They have a membership of approximately 300. The League has
been serving Anaheim from the La Palma Center since the 1950's.
They have always tried to be good neighbors. Last year the
League returned to the community over $66,000 through
philanthropic projects. Parking for the center on La Palma is
insufficient. Their thrift shop is their principle source of
income. For five years, Anaheim Memorial Hospital has permitted
them to share their parking facilities but in 1987 informed the
League that they could no longer do so and enforced that with a
security guard. Their long-range planning committee started
looking for other space. The property behind the Assistance
League became available which was a house in a part of the tract
surrounding it. They purchased the house and contracted with
Mr. Queyrel's Engineering firm to design an enclosed parking
lot, with no access to Glenn Drive. They cannot depend on the
Hospital for parking. On June 14, 1989, the Hospital stated
again they could not guarantee space to them on a regular
basis. The Assistance League does not want to move from its
present location but want to stay and expand their membership to
better serve the community. Their agent, Cal Queyrel, is not
able to be present tonight but members of the long-range
planning committee are present to answer questions.
Councilwoman Kaywood.
Speaking to the City Attorney stated she is an associate member
of the Assistance League. She wanted to know if she would have
a conflict of interest in the matter.
City Attorney White.
His understanding is that the Assistance League is a nonprofit
organization and as such being a member of the organization, or
an associate member, does not in and of itself constitute a
prohibitive situation where Councilwoman Kaywo0d would be
required to abstain from participation. If it was a source of
income to her personally of $250 or more in the immediate
preceding 12-month period or a salaried officer or member of the
Board of Directors that would be different. In the absence of
either of those situations, there is no conflict of interest
under the Political Reform Act and FPPC regulations.
Mayor Hunter first asked for a show of hands of those in favor and those in
opposition. Approximately 15 were present in favor; approximately 35 were
present in opposition.
PUBLIC DISCUSSION-
IN FAVOR: Ltlltan Polztn, 1205 Conneticut Avenue, member of the Assistance
League for 17 years and past president.
774
City Hall, Anaheim, California - COUNCIL MINUTES August 1, 1989, 5:30 P.M.
They are handicapped tonight inasmuch as their agent could not
be present. She has a rendering which the Council can see.
They have hand-carried invitations to all neighbors living
within a radius of 300 feet inviting them to the service center
to discuss what they are trying to do. They have not been
successful because the neighbors do not want them to remove the
house that the Assistance League owns. They need the space for
parking in order carry on their work. They are asking for
Council's help inasmuch as there is no parking on La Palma.
Their plans have been revised so that waivers of side setbacks
will not be necessary. They put in a landscaped belt on either
side adjoining the property and are willing to bring the front
setback farther from the street so it will be more in line with
the other homes. The home to the west faces on to Crown. The
home directly across the street faces out directly onto Crown
Street. The other two homes are not in opposition'and their
neighbor to the east is not in opposition. Many of the people
present tonight are not immediate neighbors.
PUBLIC DISCUSSION-
IN OPPOSITION:
Bryan Hunt, 1122 Crown Street.
He lives on the corner of Glenn and Crown which is the neighbor
directly across from where the house is going to be removed. He
and the neighbors agree that the Assistance League does great
things for the community. Their concern is that removing this
single-family home will break up their neighborhood. The
single-family home will no longer be there and they are opposed
to that. Noise has come from the Assistance League from parties
held there as well as trash. By extending their property and
using it as a parking lot will affect him because it will be in
his back yard. Ail he will see is pavement and the Hospital.
When he bought his home 8 months ago, a parking lot was not
there. He bought his home as an investment. A parking lot will
be a major disadvantage to him. The residents are strongly
opposed.
Edward Rando, 1136 North Crown (directly across the street).
He submitted photos showing some of the homes in the
neighborhood as well as the subject house. That house is the
first house thing he sees when he comes out of his back door.
What makes their homes valuable to them is the quality of their
neighbors. Turning the single-family lot into a parking lot
will be taking away the quality and security of their
neighborhood. He moved from Los Angeles 7 years ago and wants
to stay in Anaheim. He urged the Council to vote no.
Steve Moehler, 1127 Crown (Glenn & Crown).
Looking out the front of his house, he would see the block
wall. He has been working on his house for the last four years
as well as other houses in the neighborhood. He does not want
to see a parking lot on that property.
775
City Hall, Anaheim, California COUNCIL MINUTES - August 1, 1989, 5:30 P,M.
Val Htlsabeck, 1408 Glenn Drive.
He has lived adjacent to the Assistance League since 1955. He
has no problems with them. People in the neighborhood keep
their neighborhoods up and it is one of the nicest City
neighborhoods. There is 60 feet between his house and his fence
but Bryan Hunt's home and property are right on the other side
of the proposed parking lot. Real Estate people have said there
could be a $20,000 decrease in property value because of it. It
will hurt the neighborhood. Many years ago there was parking on
both sides of La Palma. Cars parked on La Palma as Well as
their neighborhood streets. He never heard anyone complain.
The League does a fantastic job and he would like to see them be
able to do something. He understands that there is other
parking available. They do not feel they should sell their
homes for parking lots.
Todd Ament, Chairman of Patrick Henry Netgborhood Council.
The Assistance League does a wonderful job for the City but the
issue is land use. He then submitted a copy of a tract map
showing the location of the Assistance League property, the
proposed parking lot (single-family home) to the rear, the
Anaheim Memorial Hospital parking lot and the surrounding tract
showing in red all those residences opposed to the reclass to
establish a parking lot on the single-family home lot. If the
single-family lot is converted, it will be setting a precedent
by breaking up the last stretch of homes. It is a matter of
security to the neighborhood - once one home is converted in
that stretch of single-family lots, others may go and they do
not want that to happen.
They have a great deal of pride of ownership in their
neighborhood. They want to be assured that the improvements
they have made to their homes are not at risk. Converting the
single-family lot to a parking lot will be contrary to goals set
forth in the City's Vision 2000 Plan. He contacted Bob Sloane
at Anaheim Memorial. There are roughly 70 spaces empty in the
back corner by the Assistance League. They have torn out more
homes and are adding 100 more spaces. There is no problem on
weekends and evenings. On weekdays because of the Hospital's
variance with the City, Mr. Sloane could not guarantee the
parking. Parking is mainly for the Assistance League's once a
month meeting on a Thursday morning.
What it comes down to relative to land use, either preserve a
single-family home in a neighborhood that has great pride in its
homes, or for 18 parking spaces on an everyday basis they will
be inconvenienced with a parking lot and impacted greatly. He
asked that the Council respect their desire for security and
share their vision of improving their neighborhood. He
confirmed for Councilman Daly that if they take this one house
out of the tract, they will be setting a
776
City Hall, Anaheim, California COUNCIL MINUTES - August 1, 1989, 5:30
precedent for the next and the next jeopardizing the security of
their single-family home neighborhood. They want to preserve it
and be assured it will stay that way.
SUMMATION BY APPLICANT: Lillian Polztn.
When they approached Mr. Queyrel about drawing plans for their
proposed expansion, they did not know they were taking on the
Patrick Henry Neighborhood Council. Many of these PeOPle are
not going to be impacted at all by the proposal. Looking at the
tract map, the Assistance League is going to be boxed in. They
have nowhere else to go. They cannot rely on the Hospital to
provide them parking. They are looking ahead a few years so
that they can stay in the community and work out of their
service center in a neighborhood that needs help. They employ a
security guard when the premises are rented out. They also
offered to chain off that portion where the house exists and not
.use the area unless it is absolutely necessary. They are
desperate for parking.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Anntka Santalahti, Zoning Administrator.
Relative to the number of parking spaces, the exhibit on the
wall shows a total of 61 spaces with the addition.
Councilman Pickler.
He knows what the Assistance League does for the community and
everyone concurs relative to the wonderful work they do. He
will be happy to talk to Anaheim Memorial Hospital to see if
they can find a way of providing the spaces needed. The
surrounding residential area is a community that is working hard
to upgrade their area and there is pride of ownership. If they
take one single-family lot and eliminate it, he feels they will
be opening a pandora's box. That area has already been
encroached upon in the past to provide parking for the
Hospital. It is a difficult decision for him since he knows so
many people in the Assistance League. However, he feels that to
allow the parking lot would be a detriment to the neighborhood
and it has to be left as is.
Mayor Hunter.
It is a difficult decision. The Assistance League does good
things for the City but as a recent survey showed, 96% of the
people in the City want the Council to maintain the integrity in
their single-family neighborhoods. He agrees with Councilman
Pickler that the change would be a detriment.
Councilman Ehrle.
He agrees it is a difficult decision because the Council has
many friends on both sides of the issue. He also agrees with
777
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5:30 P.M.
Councilman Pickler and the Mayor that the integrity of the
neighborhood must be maintained. Improvements are being made in
that neighborhood and he wants to encourage such action. They
can work with the Assistance League in order to work something
out. He will do what he can with Councilman Pickler to work
with the Hospital to find those necessary parking spaces if
possible. He has to support the neighborhood on this issue.
Councilwoman Kaywood.
She has made presentations at Anaheim Memorial Hospital where
she has been unable to find a place to park. It has been stated
that the Hospital will be approached again but the Hospital is
under a variance. They do not have adequate parking now and
they bought the remaining homes in order to expand their
parking. The Assistance League has been in the area for over
30 years and are doing an outstanding job for the City. The
area where the house is now located with landscaping and a block
wall that would also be softened with landscaping, she does not
think there would be the impact that the neighbors are talking '
about. There would be less of an impact because there would be
no access from Glenn. The access would be all on La Palma
through the Assistance League entrance. There is no comparison
with the Anaheim Memorial Hospital parking lot.
Mayor Hunter stated that the real issue is block-busting.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-342)
Councilman Pickler moved tO waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-342 for adoption, denying
Conditional Use Permit No. 3163, upholding the findings of the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO, 89R-342; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3163.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
778
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5:30 P.M.
The Mayor declared Resolution No. 89R-342 duly passed and adopted.
134; PUBLIC HEARING - GENERAL PLAN AMENDMENT NO, 256
AND NEGATIVE DECLARATION;
APPLICANT: OWNER:
City of Anaheim
200 S. Anaheim Boulevard,
Anaheim, CA 92803
CIRCULATION ELmMENT
This is a City-initiated amendment to the Circulation Element of the General
Plan to consider redesignation of Center Street (from Lincoln Avenue to State
College Boulevard) and Clementine Street (from Broadway to Lincoln Avenue)
from the designation of Secondary Arterial Highway to local streets; Crescent
Way (from Lincoln Avenue to Crescent Avenue) from the designation of a
commuter street to a local street; and Via Cortez (from Santa Ana Canyon Road
to Route 91) from the designation of Hillside Secondary Arterial Highway to a
local street.
PROJECT AS APPROVED BY THE PLANNING COMMISSION; General Plan Amendment No.
256 was approved by the Planning Commission without change. (PC89-156, 7 yes,
0 no); approved EIR Negative Declaration.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin 3uly 20, 1989.
Posting of property July 21, 1989.
Mailing to property owners within 300 feet - July 21, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 5, 1989.
Mayor Hunter asked if anyone wished to speak to General Plan Amendment
No. 256; there being no response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the bast~ of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-343)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION C~RRIED.
Councilman Hunter offered Resolution No. 89R-343 for adoption. Refer to
Resolution Book.
779
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5:30
RESOLUTION NO, 89R-343; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT AND TEXT OF THE
ANAHEIM GENERAL PLAN DESIGNATED AS GENERAL PLAN AMENDMENT NO. 256.
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-343 duly passed and adopted.
179; YUBLIC HEARING - VARIANCE NO. 3965 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Gerald D. Lundgren and Roselina Lundgren, James W. Lundgren and
Beverly J. Lundgren
11828 Algardt Street,
Norwalk, CA 90650
AGENT:
Anacal Engineering Company
Attn: Glen Gwatney.
1900 E. La Palma Avenue, Suite 202,
Anaheim, CA 92805,
LOCATION/REQUEST: The property is located at 1320 West Westmont Drive. The
request is for waiver of minimum lot width to establish 2 RS-10,000 lots.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR; Variance No. 3965 was denied
(ZA89-43); approved EIR Negative Declaration.
HEARING SET ON:
A letter of appeal was submitted by the owner, Gerald Lundgren, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin July 20, 1989.
Postin~ of property July 21, 1989.
Mailing to proper~y owners within 300 feet July 21, 1989.
STAFF INPUT:
See Staff Report to the Zoning Administrator dated June 15, 1989.
APPLICANT'S
STATEMENT:
Greg Sorah, 1417 West Whittier Boulevard, La Habra.
The photographs and revised site plan posted on the Chamber wall
will show more clearly what they are trying to do.
Annika Santalahtt, Zoning Administrator.
Answering Councilman Daly, she explained that the item that came
before the Zoning Administrator was subdivision of land which
780
City Hall, Anaheim, California - COUNCIL MINUTES August 1, 1989, 5:30 P.M.
necessitates a variance for the lot width. It is 90 feet under
code and proposed to be about 62 feet per lot. House plans were
not considered at her hearing. There were no site plans. If it
had been approved, the applicant could have b~tlt any house in
accordance with RS-10,000 standards.
Greg Sorah.
Before they purchased the lot in December of 1988, they
contacted the Gity and were informed that the address had a
square footage of approximately 20,000 square feet, that the
zoning was RS-10,000, and they would be able to achieve two
separate lots on the property. Their architect advised them to
try the proposed plan because it would be more aesthetically
pleasing to the area, rather than a stacked lot or flag lot.
They requested a variance of 62 feet on the frontage because of
the unusual dimensions of the lot. The property is much larger
on the rear portion than the front.
They are proposing two 2-story homes on the parcels of
approximately 3,000 square feet. The lot would be split into
two lots approximately 13,500 square feet in size. It exceeds
minimum lot size for the area by about 3,500 square feet per
lot. There will not be more than two houses on the lot, and
they would stipulate in the deeds that the lots cannot be
further split in the future by future homeowners. The houses
will be a very attractive product which will enhance property
values in the area. They are proposing to place one structure
on the west side, to be at least 25 feet back from the street
and the second structure about 52 feet back thereby staggering
both properties to look more attractive. To ensure the privacy
of adjoining homeowners, they selected a 2-story design with
only one outside window facing the outside of either lot.
Mayor Hunter interjected and asked that Mr. Lundgren stick to
the issue of the establishment of two lots.
Mr. Lundgren.
The main point is this is not a normal lot and that is why he is
requesting a variance. It is narrower on the front and about
60 feet wider in the back. They felt the excessive square
footage on each lot would be a trade off for the narrow
frontage. Existing structures on the property would be totally
torn down including the garage in the back.
Mayor Hunter opened the public hearing.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Felix Konzem, 541 Dwyer Drive.
781
City Hall, Anaheim, California COUNCIL MINUTES August 1, 1989, 5:30 P.M.
According to the Zoning Administrator, the minimum lot frontage
in the area is 90 feet. The developer is asking for a variance
to build two homes with a frontage of 62.5 feet. The Zoning
Administrator, at her hearing on June 1, 1989 denied the
request. He would suggest if the lots are split and the
building is permitted that the minimum setback be 60 feet from
the curb which would make the lot wider at a point where the
construction will be. He also recommends that the houses be
restricted to 1-story structures for privacy since each home on
the side of the property and to the rear are 1-story houses. It
was stated that the present buildings will be demolished. The
garage is approximately 5 years old. The final inspection to
his knowledge has never been made on the structure unless done
recently.
Mr. Grettzer, Attorney, 611 So. Catalina, Los Angeles.
He is representing three homeowners under power of attorney,
Mr. & Mrs. Frank Elesh, owner of the property immediately south
of the subject property, Keith Murdoch, an adjacent owner and a
Charlotte Beem. They have attended the prior meetings and see
nothing today that changes the opinion that this variance is
beyond anything in the area. The Zoning Administrator has
indicated that there have been variances in the neighborhood but
not to that extent. They have a photograph taken from the
subject property looking toward the Elesh property which shows a
wall about 5 feet high over which the roof of the Elesh property
can be seen. If a 2-story home is built, there will be visual
intrusion to the Elesh property and there is a pool right next
to the wall. The Elesh's use of the outside of their property
will be impinged upon. He also submitted photos showing homes
on the same side of the street which are all single story. The
proposal will change the nature of the area. Someone told Mr.
Lundgren he could get a variance; when property is purchased, it
is usually subject to being able to obtain a variance. They
have not convinced him that a 30% decrease in the frontage will
be balanced out by averaging it out with the rear. There will
also be a problem of parking on the street. His clients are
completely against this proposed lot split.
Lesley Howland, 530 North Brenthaven.
They are adjacent property owners. He has a 1-story home. His
back yard setback is 24 feet from the property line. The
proposed property, if split, will require that they build a home
6 feet 8 inches from the property line. If 2-stories it will
severely restrict the use of his back yard. He is opposed to
this variance.
Frank Hirohara, 601 North Dwyer.
He is opposed because it is going to change the appearance of
the neighborhood. All houses are at least 80 feet wide. This
will be 50 feet and will look like a condominium.
782
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5;30 P,M.
Paul Kott, 504 State College Boulevard.
He has lived and worked in the Westmont area for many years.
The Westmont area is one of the nicest, most beautiful and
prestigious neighborhoods in Anaheim owing to the fact that lots
and homes in the area are very wide and private. The
combination of the oversized homes on the excessively reduced
minimum width would make for a lesser neighborhood and
drastically impact the other homes adjacent to this property.
If the builder decided to proceed with the purchase of the
property without first getting a variance, that is the risk he
took. The Zoning Administrator denied the request and he is
asking the Council to do the same.
SUMMATION BY APPLICANT: Greg Sorah.
There is a 2-story home on an adjoining lot to theirs on the
east side of the property. They did not think about a variance
until they purchased the lot. They knew they could go in with a
flag lot situation but did not do so because they felt the plan
presented is more aesthetically pleasing. They would be willing
to go with single story and place the houses further back. The
neighbors to the rear are so far away he does not know how they
could be affected. They could also plant trees to the rear and
preserve the privacy.
Mr. Fred Elesh asked to speak.
He is the property owner that backs onto the subject lot. The
2-story home referred to is barely 1 1/2 stories located on
Dwyer which faces the other way and it belongs to the person who
sold the subject property. Mr. Lundgren has threatened them
with a variance for flag lots. Two flag lots were built on West
Street and no one likes them. They will resist anything more
than one house on the subject property.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-344)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-344 for adoption, denying
Variance No. 3965, upholding the Zoning Administrator decision. Refer to
Resolution Book.
783
City Hall, Anaheim, California - COUNCIL MINUTES August 1, 1989, 5:30 P,M.
RESOLUTION NO, 89R-344; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3965.
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-344 duly passed and adopted.
179; ITEMS B1 B3 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 13, 1989
DECISION DATE; JULY 17, 1989
AUGUST 1, 1989;
INFORMATION ONLY - APPEAL PERIOD ENDS
B1.
VARIANCE NO. 3971, CATEGORICALLY EXEMPT. CLASS 3:
OWNER: JAMES ARKYNS AND SHEREE ARKYNS, 331 S. Ohio Street, Anaheim,
California 92805
LOCATION: 331 SOUTH OHIO STREET
Waiver of minimum number and type of parking spaces to construct a
1,110 square-foot, second floor addition to an existing single-family
residence.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR:
Variance No. 3971 APPROVED (ZA89-51).
A review of the Zoning Administrator's decision was requested by Council
Members Kaywood and Pickler and, therefore, a public hearing will be scheduled
at a later date.
B2,
VARIANCE NO, 3972 AND NEGATIVE DECLARATION:
OWNER: A. S. SANGHA AND A. K. SANGHA, 1708 S. Vartlla Drive, West
Covina, CA 91792
AGENT: EDWARD HAGOBIAN, 220 S. Kenwood, #210, Glendale, CA 91205
LOCATION; 746 North Philadelphia Street
Waiver of permitted encroachment into front setback to construct two,
2-story, multi-family units and expand one existing single-family
structure.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR:
Variance No. 3972 DENIED (ZA89-52).
B3.
Large Family Day Care No, 89-04: LOCATION; 737 S, Stehley Avenue
To establish a large family day care facility for a maximum of 12
children.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR:
Large Family Day Care No. 89-04 APPROVED.
End of the Zoning Administrator Items.
784
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5:30 P.M.
179; RECLASSIFICATION NO. 60-61-77 - REQUEST FOR TERMINATION; Requested by
Ernest W. Schroeder, The Schroeder Company. The property is located a 2508
West Ball Road.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-345)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-345 for adoption, terminating
all proceedings in connection with Reclassification No. 60-61-77 and declaring
Resolution Nos. 6981 and 7039 null and void, as recommended in memorandum
dated July 7, 1989 from the Planning Department. Refer to Resolution Book.
RESOLUTION NO, 89R-345; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH RECLASSIFICATION
NO. 60-61-77 AND DECLARING RESOLUTION NOS. 6981 AND 7039 NULL AND VOID.
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-345 duly passed and adopted.
179; ORDINANCE NOS, 5047 THROUGH 5049 - ADOPTION;
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 5047 through 5049, both inclusive,
for adoption)
Councilman Pickler moved to waive the reading in full of the ordinances.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance Nos. 5047 through 5049, both inclusive,
for adoption. Refer to Ordinance Book.
ORDINANCE NO, 5047: AN ORDINANGE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNIGIPAL GODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 88-89-42
located at 1490 S. Anaheim Boulevard from the ML zone into the GL zone.)
ORDINANCE NO. 5048: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE NO. 4861 RELATING TO SPECIFIC
PLAN 87-1 ZONING.
ORDINANCE NO. 5049: 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. 88-89-28
785
City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5:30 P,M,
(Tentative Tract No. 13797) located at 3802, 3906, and 3920 Orange Avenue from
the RS-A-43,000 zone into the RS-5000 zone.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Ordinance Nos. 5047 through 5049, both inclusive, duly
passed and adopted.
144/114; REPRESENTATIVE TO THE EASTERN/FOOTHILL TRANSPORTATION CORRIDOR
AGENCY; Councilman Daly stated he had resigned as Anaheim's representative to
the Eastern/Foothill Transportation Corridor Agency. Councilman Pickler is
his alternate and he (Pickler) has already been attending meetings. He would
like to have Councilman Pickler appointed as Anaheim's representative to the
Agency.
City Clerk Sohl. She will place the appointment on the next agenda for
Council action.
114/164/108/172: EUCLID STREET STORM DRAIN PROJECT; Councilman Pickler
stated he has been contacted by many people regarding the subject project and
would like the City Engineer to look at a way of accelerating and expediting
this project. Mr. Johnson can report to the Council and the Council can then
make a decision on whatever is necessary and possible within reason to
accelerate completion.
Mayor Hunter. He knows the whole Council concurs. He was an invited guest on
K-ORANGE Radio Show on Monday morning and most of the complaints he received
were relative to the Euclid Street Storm Drain project.
114/164/108/172: BUSINESS LICENSE TAX; Councilman Pickler would like City
Treaurer Mary Turner and her staff review the Business License Ordinance as it
pertains to barbers, beauticians, babysitters, etc., relative to a more
equitable license fee for these service categories and report back to the
Council.
Mayor Hunter. He has talked to City Treasurer and she is already in the
process of reviewing the matter.
114/164/108/172: TRAFFIC CONGESTION - DISNEyLAND AREA; Councilman Pickler
noted that the traffic going into the Disneyland entrance on Harbor on
weekends is very congested. He confirmed that this occurs at the left-turn
into Disneyland going northbound on Harbor Boulevard. He would like staff to
research the possibility of alleviating that traffic congestion by some means.
114/164/108/172: NIGHT COUNCIL MEETINGS: Mayor Hunter asked that the issue
of additional night Council meetings be discussed at the Council meeting of
August 15, 1989.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 1, 1989, 5~30 P.M.
RECESS - CLOSED SESSION: By general consent the Council recessed to Closed
Session to discuss the balance of the items to be considered. (9:47 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (10:34 p.m.)
ADJOURNMENT;
seconded the motion. MOTION CARRIED.
LEONORA N. SOHL, CITY CLERK
Councilman Hunter moved to adjourn. Councilwoman Kaywood
(10:35 p.m.)
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