1989/10/03__ City Hall, Anaheim, California - COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
ASSISTANT CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
FINANCE DIRECTOR: George Ferrone
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
CHIEF OF POLICE: Jospeh Molloy
CITY ENGINEER: Gary Johnson
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:00 p.m. on September 29, 1989 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Hunter called the meeting to order at 4:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case
No. 40-92-46; Golden West Baseball Company vs. Talley, O.C.S.C.C.
No. 46-29-07.
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 regarding 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; Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:37 p.m.)
INVOCATION;
invocation.
Father Gary Goldacker, St. Michael's Episcopal Church, gave the
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City Hall, Anaheim, California - COUNCIL MINUTES October 3, 1989, 5:30 P.M.
FLAG SALUTE; Mayor Pro Tem Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION: Presentation by Senator Royce and Assemblyman Curt
Pringle, recognizing Anaheim for having received the American Automobile Club
Grand Award for Pedestrian Safety, was rescheduled to October 10, 1989.
119: PROCLAMATIONS; The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
German-American Day in Anaheim, October 6, 1989,
City Rideshare Week in Anaheim, October 2 -6, 1989,
Aids Awareness Month in Anaheim, October 1989.
Martine Micozzi, Commuter Services, accepted the City Rideshare Week
proclamation; Eleanor Forrest, R.N., accepted the Aids Awareness Month
proclamation.
119: DECLARATION OF RECOGNITION; A Declaration of Recognition was
unanimously adopted by the City Council and presented to Police Chief Molloy
and the sponsors of the Child Safety Days Anti-Crime Program: Anaheim Police
Department, Los Angeles Rams, Frito-Lay, Inc., Southland Corp., and Rams
Quarterback Jim Everett.
119: PRESENTATION; Plaque from AMEA to John Roche commending him for a
positive employee relations was presented by Mayor Hunter.
MINUTES; Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,120,027.64, in
accordance with the 1989-90 Budget, were approved.
115/153: RETIREMENT - CITY MANAGER BOB SIMPSON: City Manager Bob Simpson
announced his retirement, effective May 1, 1989.
RECESS; By general consent the City Council recessed at 5:50 p.m.
AFTER RECESS; Mayor Hunter reconvened the meeting at 6:05 p.m. He then
outlined the many major accomplishments made by Mr. Bob Simpson despite the
short time he had held the position of City Manager.
WAIVER OF READING - RESOLUTIONS/ORDINANCE; The titles of the following
resolutions and ordinance were read by the Assistant City Manager.
(Resolution Nos. 89R-396 through 89R-401, both inclusive, for adoption; and
Ordinance No. 5072 for introduction)
Councilman Pickler moved to waive the reading in full of the resolutions and
ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
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-396 through 89R-401, both inclusive, for adoption;
and Ordinance No. 5072 for introduction. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Simkins Company for indemnity sustained
purportedly due to actions of the City on or about April 24, 1989.
b. Claim submitted by Pacific Bell (Case No. JF946-0320) for property
damage sustained purportedly due to actions of the City on or about March 21,
1989.
c. Claim submitted by Deborah Lynn Palumbo for bodily injury and
property damage purportedly due to actions of the City on or about April 29,
1989.
d. Claim submitted by Ronald Sherratt for bodily injury sustained
purportedly due to actions of the City on or about July 12, 1989.
e. Claim submitted by Thomas Martinez for property damage sustained
purportedly due to actions of the City on or about August 6, 1989.
f. Claim submitted by Pacific Bell (Case No. JF946-0426) for property
damage sustained, purportedly due to actions of the City on or about May 6,
1989.
A2. 105: Receiving and filing minutes of the Anaheim Parks, Recreation and
Community Services Department meeting held July 26, 1989.
105: Receiving and filing minutes of the Public utilities Board meeting held
August 17, 1989.
107: Receiving and filing the Statistical Report Summary ending August 31,
1989, from the Building Division.
173: Receiving and filing Notice of Application filed with the Public
Utilities Commission by King Shuttle to seek authority to provide on-call
door-to-door passenger service between certain points in Los Angeles, Orange,
Riverside, San Bernardino, and Ventura Counties on one hand and Los Angeles
International Airport, Burbank Airport, Long Beach Airport, John Wayne
Airport, Amtrack Station, and Los Angeles and Long Beach Harbors on the other
hand.
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City Hall, Anaheim, California COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
A3. 150: Awarding the contract to the lowest and best responsible bidder,
Sturgeon Electric, in the amount of $26,657 for Hansen Park Security Lighting.
A4. 167: Approving a Notice of Completion of the construction of Weir Canyon
Road at La Palma Avenue Traffic Signal and Interconnect Installation by Signal
Maintenance, Inc., and authorizing the Mayor to sign and the City Clerk to
file said Notice of Completion.
A5. 158: Authorizing the payment of $17,560 to Joseph A. Cano, pursuant to
the agreement on file for additional modifications (installation of fire
sprinklers) to his building located at 926 North Anaheim Boulevard - North
Anaheim Street Widening Project (R/W 3500-72).
A6. 173: RESOLUTION NO. 89R-396: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL PROJECTS
IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION
FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 12.17%
FORE THE FISCAL YEAR ENDING SEPTEMBER 30, 1990.
A7. 123: Approving an agreement with Basmaciyan-Darnell, Inc., in an amount
not to exceed $15,200 for the revision of Title 14 of the Anaheim Municipal
Code (traffic ordinances).
AS. 128: Receiving and filing the Monthly Financial Analysis for one month
ended July 31, 1989, presented by the Director of Finance.
A9. 153: RESOLUTION NO, 89R-397: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-366 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (Deleting the
positions of Data Systems Project Coordinator, Deputy City Attorney III-Civil,
Deputy City Attorney III-Prosecution, and Problem Management Coordinator, and
creating the positions of Booking Coordinator, Management Assistant, Meeting
Room Coordinator and Procedures Development and Training Specialist, effective
September 29, 1989.)
153: RESOLUTION NO, 89R-398: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-364 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. (Amending
Resolution No. 89R-364 which established rates of compensation for
classifications designated as Middle Management to delete the position of
Zoning Administrator, effective September 29, 1989.)
153: RESOLUTION NO. 89R-399; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-363 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT.
(Adding the position of Zoning Administrator, effective September 29, 1989.)
153; RESOLUTION NO~ 89R-400; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-365 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. (Adding upgrade
to the positions of Crime Statistics Supervisor and Support Services
Supervisor, effective September 29, 1989.)
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City Hall, Anaheim, California - COUNCIL MINUTES October 3, 1989, 5:30 P.M.
Al0. 153; RESOLUTION NO. 89R-401: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-003, NUNC PRO TUNC. (Adding the
salary schedule for the job classification of Police Communication Supervisor,
effective October 13, 1989 through October 11, 1990.)
Ail, 153; A Resolution amending Resolution 87-287 which established rates of
compensation for classes assigned to the General Unit represented by the
Anaheim Municipal Employees Association to create the positions of Code
Enforcement Officer I, Code Enforcement Officer II, and Code Enforcement
Officer III, effective September 29, 1989.
This item was withdrawn by staff.
Al2. 155/175: Approving a Negative Declaration pursuant to CEQA findings, for
the construction of Water Production Well No. 47, located on the north side of
Crescent Avenue, approximately 350 feet East of Brookhurst Street.
Al3. 175.123: Approving an agreement with Mudge Rose Guthrie Alexander &
Ferdon for contract preparation work for the Adelanto-Lugo Transmission
Project, at a cost not to exceed $30,000 for Anaheim's share of the contract
preparation, and authorizing the Public Utilities General Manager to execute
said agreement.
Al4. 123: Approving an agreement with North Orange County Community College
District (NOCCCD) for use of the Library's meeting room more than twice in one
month, and authorizing the Library Director to act on behalf of the City.
Al5. 140/106: Accepting the donation of monies from the Lera Mae Dwyer
estate, in the amounts of $25,000 for the Anaheim Public Library and $15,000
for the Mother Colony House, and authorifing the establishment of a reserve
fund within the Mother Colony/Library Donations fund (81).
140/106: Approving an increase in Library revenue and expenditure
appropriations in the amount of $40,000 in fund 81.
Al6. 150/106: Accepting a donation from Anaheim Beautiful, in the amount of
$1,500 towards the purchase of benches for Pearson Park.
150/106: Increasing appropriations in revenue account no. 16-843-3199 and
expenditure account no. 16-843-7103 by $1,500.
Al7. 123: Approving a service agreement with Telerate Systems Incorporated
for a subscription to an Automated Financial Information Network, and
authorizing the City Treasurer to execute said agreement.
Al8. 156: Authorizing the Police Department to accept a donation of
approximately $5,000 in new video equipment from the Los Angeles Rams.
Al9. 107/142; ORDINANCE NO, 5072 INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 2.12.010 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX. (Setting the rate of
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City Hall, Anaheim, California - COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
transient occupancy taxation at 11 percent of the gross rent charged by
hotel/motel operators.)
Roll Call Vote on Resolution Nos. 89R-396 through 89R-401:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-396 through 89R-401, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
123; AGREEMENT - BOB SIMPSON; In accordance with recommendation by the City
Attorney, Councilwoman Kaywood moved that provisions of the Brown Act be
waived to allow consideration of an employment agreement with City Manager
Simpson. Councilman Ehrle seconded the motion. MOTION CARRIED.
On motion by Councilwoman Kaywood, seconded by Councilman Ehrle, the Anaheim
City Council determined that the need to act on the following item arose after
the posting of the agenda for this meeting, on Friday, September 29, 1989, at
2:00 p.m.; and consequently waived the Brown Act requirement relative to
posting the item on the printed agenda. MOTION CARRIED.
On motion by Councilman Ehrle, seconded by Councilman Daly, agreement with Mr.
Simpson was authorized, accepting his resignation effective May 1, 1990, and
providing for continuation of his present salary and benefits, in full, in the
interim. MOTION CARRIED.
:
124: AWARD SALE OF CERTIFICATES OF PARTICIPATION: Finance Director, George
Ferrone, and John Fitzgerald, of Siedler and Fitzgerald, Financial Consultants
to th City, reported on five bids received for sale of Certificates of
Participation in connection with the refinancing of certain parking
facilities, and recommended award to the best bidder, Bank of America, at
7.17%.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the Gity Glerk. (Resolution No. 89R-402)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-402 for adoption, awarding the
sale of Certificates of Participation to be executed and delivered in
connection with the refinancing of certain parking facilities - 1989 Parking
Facilities Refinancing Project. Refer to Resolution Book.
RESOLUTION NO, 89R-402: A RESOLUTION AWARDING THE SALE OF CERTIFICATES OF
PARTICIPATION TO BE EXECUTED AND DELIVERED IN CONNECTION WITH THE REFINANCING
OF CERTAIN PARKING FACILITIES.
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City Hall, Anaheim, California - COUNCIL MINUTES October 3, 1989, 5:30 P.M.
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-402 duly passed and adopted.
179: ITEMS Bi - B5 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 11, 1989
INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 3, 1989;
B1. WAIVER OF CODE REQUIREMENT, WAIVER OF COUNCIL POLICY NO. 543, CONDITIONAL
USE PERMIT NO, 3176 AND NEGATIVE DECLARATION:
OWNER: BEATRICE AND HARRY KRAFT, 8141 Kaiser Boulevard, Suite 207,
Anaheim, CA 92808
AGENT: CENTURY WEST DEVELOPMENT, ORANGE COUNTY, 8141 Kaiser
Boulevard, Suite 207, Anaheim, CA 92808
LOCATION; Property is approximately 0.34 acre with a frontage of
approximately 71 feet on the south side of Catalpa Drive,
approximately 268 feet east of the centerline of Euclid Street
To permit an 18-unit "affordable" senior citizen apartment complex
with waivers of: (a) minimum building site area per dwelling unit,
(b) required open parking spaces, and (c) minimum structural setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3176 GRANTED (PC89-219) for 30 years and six affordable units
(6 yes votes, 1 absent) with waivers of:
(a) minimum building site area per dwelling unit (granted).
(b) required open parking spaces (granted).
(c) minimum structural setback (granted).
Waiver of code requirement GRANTED.
Waiver of Council Policy No. 543 APPROVED.
B2,
VARIANCE NO, 3986 AND NEGATIVE DECLARATION;
OWNER: P/A STATE COLLEGE INVESTORS, 15751 Rockfield Boulevard, Suite
200, Irvine, CA 92718
AGENT: LARRY LAKE, 15751 Rockfleld Boulevard, Suite 200, Irvine CA
92718
LOCATION; 1177 S, State College Boulevard
Waiver of minimum number of parking spaces to establish a take-out
pizza restaurant in an existing commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 3986 GRANTED (PC89-220) with the condition that
deliveries be made with driver's own vehicles (6 yes votes,
1 absent). Planning Commission requested that City Council review
this item in conjunction with report and recom~endatton item
pertaining to request for amendment to condition of approval on CUP
3051.
Approved Negative Declaration.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
CONDITIONAL USE PERMIT NO. 3051 - AMENDMENT TO CONDITION OF APPROVAL
(RECOMMENDATION TO CITY COUNCIL):
REQUESTED BY: Larry Lake, Park/Abrams Development Co.,
LOCATION: 1177 S, State College Boulevard
Amendment to condition of approval in conjunction with take out pizza
restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council Resolution 88R-373, Condition No. 6 be
modified to read "no take out food services, except the 950 sq. ft.
approved in Variance 3986", item listed above on today's agenda.
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Pickler and therefore, a public hearing will be scheduled
at a later date.
B3. WAIVER OF CODE REQUIREMENT, RECLASSIFICATION NO, 89-90-05, CONDITIONAL
USE PERMIT NO, 3190 AND NEGATIVE DECLARATION:
OWNER: ANN MARIE GURROLA AND ANTONIO N. GURROLA, 7155 S. State
College Boulevard, Anaheim 92686
LOCATION: 715 South State College Boulevard
For a change in zone from RS-7200 to CO, and to permit the office use
(for tax purposes) of a residential structure with waiver of (a)
maximum structural height.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 89-90-05 GRANTED to CO (PC89-221).
CUP No. 3190 GRANTED (PC89-222) office use for tax purposes with
waiver (a) maximum structural height (granted).
Waiver of code requirement GRANTED. (6 yes votes 1 absent.)
B4.
CONDITIONAL USE PERMIT NO, 3191 AND NEGATIVE DECLARATION: OWNER: ROBERT HALL, Box 9, Zephyr Cove, Nevada 89448
AGENT: RICHARD BAUER, 2001 S. Manchester Avenue, Anaheim, CA 92802
LOCATION: 2001 S, Manchester Avenue
To permit the expansion of an automotive sales and service facility.
Withdrawn by the applicant.
BS, WAIVER OF CODE REQUIREMEMT, CONDITIONAL USE PERMIT NO, 3194 AND NEGATIVE
DECLARATION:
OWNER: JAMES TONG AND AMY TONG, 2744 N. Vista Crest, Orange, CA
92667
AGENT: ANUGHA NITTAYANUPARP, 13051 Polomar St., Westminster, CA
92683
LOCATION; 1729 La Palma Street
To permit a public dance hall and amusement facility with on-sale
beer and wine in conjunction with an existing pool hall with waiver
of minimum number of parking spaces.
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City Hall, Anaheim, California COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
ACTION TAKEN.BY THE PLANNING COMMISSION:
CUP No. 3194 DENIED (PC89-223) (6 yes votes, 1 absent)
Waiver of code requirement DENIED.
Approved Negative Declaration.
The Planning Commission's decision was appealed by the applicant's agent, for
the applicant, and therefore, a public hearing will be scheduled at a later
date.
End of the Planning Commission Items. MOTIONS CARRIED.
179/142; ORDINANCE NO, 5071 ADOPTION; The City Council, at their regular
meeting, held first reading of proposed Ordinance No. 5071, adopting an
interim measure prohibiting certain uses of property which may be in conflict
with a zoning proposal currently under study (CR Zone Study). The proposed
ordinance would require that any hotel or motel additions or new construction
proposed during the study period would require a conditional use permit.
Mayor Hunter invited comments from interested parties.
Floyd L. Farano, Attorney at Law, 100 So. Anaheim Boulevard, Anaheim,
addressed the Council expressing opposition to the proposed ordinance. As a
representative of several hotels in the Commercial-Recreational Area, he
stated that hotel and motel management is sensitive to fluctuations in all
aspects of their industry, and exaction of fees for conditional use permits
would be detrimental. Further, the conditional use permit process would add
to improvement expenses, environmental impact requirement costs, in addition
to additional time for the public hearing process.
Those whom he represented agreed that the quality of any construction or
renovation in the CR Area should be protected, and the City's study should
examine the direction in which the area would continue its growth. If
adopted, the ordinance would introduce an element of uncertainty which would
result in a slowdown, if not an abandonment of projects, at least on a
temporary basis. Quality should be controlled by amending development
standards in the area, and perhaps the City should consider some type of
assessment district to spread the cost of infrastructure improvements.
Mr. Bob Patterson, Laventhol & Horwatch Real Estate Advisory Services, was
introduced by Mr. Farano and he stated that a preliminary analysis of the
proposed ordinance requirements indicates that the provisions may have a
negative effect on further development in the area. Each postponement of
improvements would be costly to the City in lost transient occupancy taxes as
well as increasing competition from other marketing areas. Only a few
especially strong hotel projects would be able to support these development
cost increases, as the returns would become insufficient to attract investment
capital. There is some indication that growth in hotel/motel room inventory
is slowing already, and to add another layer of costs to already expensive
projects would cause more delay.
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City Hall, Anaheim, California - COUNCIL MINUTES October 3, 1989, 5:30 P.M.
Mr. Alan Epstein, Walt Disney Corporation, addressed the City Council in
strong support of the CR Area Study which will establish a blueprint for the
next 50 years. He felt that a six-month delay would not significantly impact
the City's revenues, and recommended adoption of the proposed ordinance.
Mayor Hunter closed the discussion.
Planning Director, Joel Fick, pointed out that the CR Study would be complete
in approximately six months. The existing ordinance requires all new hotels
above six stories, or 75 feet, to be processed by conditional use permit, and
he believes that proposed ordinance is consistent wih the General Plan and the
types of projects typical in the CR Area.
Councilman Pickler stressed the importance of guarding against approval of
projects which could.turn out to be serious mistakes which would remain in
place for many years to come. Any proposed hotel or motel development in
other areas of the City require a conditional use permit, and he pointed out
that once the CR Area Study is presented, and action taken, subject ordinance
will no longer remain in effect.
Councilman Ehrle felt that only the very best development is desirable for the
extremely valuable land in the CR Area. The proposed ordinance will ensure
that the area will continue to attract millions of visitors for the next 35
years.
Councilman Daly stated that the goal of the study is to raise development
standards, and he felt the staff must already have an idea of what those new
standards will be.
Mr. Fick pointed out that the City Council already finalized zoning in the CR
Area, setting the direction for future land use. Certain interim measures
have been adopted. Prior to processing stopgap measures, staff wants to meet
with the community and then bring to the Council standards that the community
has reviewed and will support, which will take several months.
Councilman Hunter expressed concern about sending a message to delay further
development in the area.
Gouncilwoman Kaywood noted that the CR Area is nearly completely built out and
is now in a refurbishing mode. One poor project could have a 50 year impact
on the image of Anaheim.
WAIVER OF READING - ORDINANCE; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5071)
Councilman Pickler moved to waive the reading in full of the ordinance.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5071 for adoption, amending sections
18.48.020 and 18.48.050 of Chapter 18.48 of Title 18 of the Anaheim Municipal
Code relating to hotels/motels in the commercial recreation zone. Refer to
Ordinance Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
ORDINANCE NO. 5071: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.48.020 AND 18.48.050 OF CHAPTER 18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler and Kaywood
Daly and Hunter
None
The Mayor declared Ordinance No. 5071 duly passed and adopted.
ITEMS OF PUBLIC INTEREST;
Ms. Nienstedt, 2016 E. Center Street, Anaheim, expressed concern about Police
handling of an incident in which she was involved on October 1, 1989. This
issue was referred to the Chief of Police.
Mr. Clifford Evans, 221 Eighth Street, Seal Beach, owner of a medical building
at 515 S. Beach Boulevard, Anaheim, referred to a letter he had written to the
City Council regarding a dispute with the Public Utilities Department on a
billing for the Beach Boulevard facility. This matter was referred to the
City Manager.
155; PUBLIC HEARING - GRADING PLAN NO 1302 AND EIR NO
CERTIFIED):
REQUESTED BY: Presley of Southern California
17991 Mitchell South,
Irvine, CA 90714
273 (PREVIOUSLY
LOCATION/REQUEST: The property is located at the north boundary of The
Highlands of Anaheim Hills Project and consists of approximately 111 acres.
The request is to consider rejecting the appeal of the approval of Grading
Permit and Grading Plan No. 1302.
Grading Plan No. 1302 is to permit mass grading for Phase II construction of a
residential community (The Highlands - Tracts 12689, 12690 and 12691).
Grading activity includes an estimated 2,475,000 cubic yards of cut and
2,475,000 yards of fill with an estimated maximum depth of cut 121 feet and
maximum depth of fill 72 feet.
ACTION TAKEN BY CITY ENGINEER; At Public Hearing held September 5, 1989, the
City Engineer found that the City has reviewed the proposed grading plan and
the Initial Study; that Environmental Impact Report No. 273 prepared for the
Highlands of Anaheim Hills, as previously certified, is adequate environmental
documentation for this grading plan; and, therefore, Grading Plan No. 1302 was
approved, subject to conditions.
HEARING SET ON:
A letter of appeal was submitted by Mark H. Balan, homeowner in the area, and
public hearing scheduled this date.
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City Hall, Anaheim, California - COUNCIL MINUTES October 3, 1989, 5:30 P.M.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Anaheim Bulletin September 21, 1989.
Posting of property September 22, 1989.
Mailing to property owners within 300 feet - September 20, 1989.
ENGINEERING STAFF REPORT:
See staff report to the City Council dated September 26, 1989.
APPLICANT'S
STATEMENT:
Frank Elfend, 4675 MacArthur Court, Suite 660, Newport Beach,
representing the developer.
The Grading Plan is for Phase II of the Highlands development;
it was approved by the City Engineer at a public hearing on
September 5, 1989.
Mr. Elfend advised that Presley produced a six-point dust
control and management plan for the grading, and he distributed
a summary thereof for Council review. Pursuant to the dust
management plan, they have included a weekend plan to control
any dust which may occur, due to high winds, on weekends or
holidays.
In response to questions posed by Councilwoman Kaywood, Mr.
Elfend advised that the Polymer coating to be applied to all
non-slope areas within two weeks of the completion of grading
will prevent the wind picking up and carrying dust and dirt
which is an effective control. Although winds were blowing only
6 miles per hour on the day they were measured, in preparing the
grading plan they took into consideration the fact that Santa
Aha winds in excess of 30 miles per hour could be expected
periodically in the area.
The two projected hilltop cuts would comprise 2 percent of the
entire grading area under consideration, and he distributed for
Council review an Exhibit (No. 2) illustrating the approximate
distance from the cut area to adjacent homes. This shows that
there is a considerable distance from the cut area to Mohler
Drive, and Deer Canyon forms a barrier of another 1,000 feet
between existing homes and the development. More than 150 feet
has been graded on the Bauer Ranch, and no problems are evident
as a result. On the exhibits posted on the west wall of the
Council Chamber, Mr. Elfend located the cuts in relation to
existing development.
PUBLIC DISCUSSION-
IN FAVOR: Robert C. Coffee, Coffee Realty, 1351 E. Chapman Avenue,
Fullerton, representing the Dott Family, owner of property
within Deer Canyon.
Originally they were concerned about the drainage and they hired
an independent engineer to review the water flows into the
canyon. Their engineer concluded that there would be no great
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City Hall, Anaheim, California - COUNCIL MINUTES October 3, 1989, 5:30 P.M.
impact if the developer installed all requirements made by the
City. The Dott family will participate in an agreement for the
storm drain easement for a 25 foot roadway to allow access to
maintain the storm drain; if more is needed, they are prepared
to grant additional footage at no cost to Presley or the City.
At this time, the Dott family would like the City Council to
address the issue of installing an adequate road into the city
park projected for Deer Canyon. They feel that this should be a
part of the Grading Plan, due to the water runoff factor.
PUBLIC DISCUSSION-
IN OPPOSITION:
Philltp Joujon-Roche, Santa Ana Canyon Property Owners
Association, 450 Via Vista, Anaheim, Ca. 92808, representing
residents in the Mohler Drive area.
He feels that the plan is a good one, but there are some
concerns. The wind study was basically done for the Phase I
area of the Highlands development, not the Phase II area.
Inasmuch as the "wind season" is imminent, this would be an
ideal time to take some wind velocity and direction
measurements. Removal of hilltops can cause up to a 25 percent
increase in wind velocity which results in a 50 percent increase
in the destructive force thereof; they are willing to continue
working with the City and the developer toward some definitive
wind studies, with consideration for the future Phase III in
mind.
Using the map posted on the west wall, Mr. Joujon-Roche pointed
to two peaks near the impacted area, one to be lowered by 115
feet, and the other by 117 feet. In summary, they feel that a
more comprehensive and accurate wind study is needed. If the
project goes through as planned, and substantially greater wind
damage is sustained by homeowners in the area, a liability would
exist.
In addition, Mr. Joujon-Roche feels there are some areas in the
plan which are not in conformance with the City's Grading
Ordinance and City Council Policy No. 211. The Director of
Public Works and Engineering had advised that the plan is
continuing to evolve and change as it becomes more in
conformance with contour grading specifications.
Sally Smith, 7370 E. Kite Drive, Anaheim.
She supported statements of Mr. Joujon-Roche and requested a new
wind study prior to issuance of the Grading Permit, which should
be prepared during the current "wind season". She has
experienced heavy roof tiles blowing around the area which could
cause injuries or death. There are measures which should be
taken to protect the homeowners from additional wind problems.
She calls attention to a crib wall which was constructed in
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City Hall, Anaheim, California - COUNCIL MINUTES October 3, 1989, 5:30 P.M.
Phase II along the eastern-most portion of Deer Canyon; it is
very unsightly and she hopes this will not be allowed in the
next phases.
Armanda Kinsman, 461 S. Mohler Drive, Anaheim.
She has lived at the top of Mohler Drive, overlooking Deer
Canyon, for the past 24-1/2 years and has experienced extremely
strong wind conditions at certain times of the year. The peak
which is to be lowered 115 feet is very close to her and has
served as a partial windbreak over the years, as have other
peaks. Cutting off these peaks and removing 72 oak trees will
have a great impact on residents.
Mark Balan, appellant, 406 So. Mohler Drive, Anaheim.
There are two key issues, the wind and the grading. He
reiterated comments made; they believe the Grading Plan does not
meet Code nor Policy; that the wind study submitted by the
developer lacks data and is not applicable to the Phase II site,
and does not clearly explain how the wind velocity will be
affected by peak cuts and gradings. He feels that the
developers are projecting very heavy grading, and that
additional horizontal control is badly needed. Further that the
Grading Plan should not be approved until the plans are 100%
complete, and that the grading should be done in complete
conformance to the City ordinance, with no grading between
October 15 and April 15, 1989. He is also concerned about crib
walls being allowed.
Gall Reiseman, 341 Yorkshire Circle, Anaheim.
She noted that many development changes have taken place in the
Santa Ana Canyon between Anaheim Hills and Corona during the
past year, since the wind study for Phase I was done; and she is
concerned as to what impact that will have on her area. She
asked for clarification of statements made at this hearing.
SUMMATION BY APPLICANT:
Frank Elfend, representing the developer.
The issues are the same as they were when the Highlands project
commenced; the Santa Aha winds blow at certain times of the
year, and they blow everywhere. The wind study addressed the
direction they blow, and it was conducted over the entire
Highlands property. He noted conditions on the Grading Plan
which will be met prior to completion of the grading.
Responding to query by Councilwoman Kaywood, Mr. Elfend stated
that the specimen tree removal is to be located in Deer Canyon;
it is not germane to this hearing. The City, together with
biological experts, is looking into that. It is projected to
remove 72 out of approximately 1,000 trees.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Jack White, City Attorney.
The only issue before the City Council at this time is the
Grading Permit issuance, based upon grading plans submitted by
the project applicant.
Gary Johnson, Director of Public Works/City Engineer.
He referred to recent community meetings held at the Canyon
Hills Library, where considerable time was spent working on the
plan, which is 90 percent complete. The contour lines are being
somewhat revised, particularly in the area facing Deer Canyon.
The plan will be in compliance with the City's Hillside Grading
Ordinance and the Policy before it is signed by the City
Engineer.
Councilwoman Kaywood.
There should be no crib walls permitted; the nature of the area
could be changed; contour and sculpture grading should be
utilized to retain the natural beauty.
Gary Johnson.
Points out two small areas outlined in green, one adjacent to an
easement and one to an access road, where there may be crib
walls, which are not prohibited by Code. However, these will be
landscaped in accordance with revised internal policies which
require the engineer of record and the geo-technical engineer to
certify that these walls cq~ply structurally with engineering
standards, prior to construction.
Councilman Ehrle.
He thinks the six-point dust control and management plan for
this grading project is good. He questioned the grading period
recommended by the ordinance.
Gary Johnson.
He explained that Code prohibits grading between October 15 and
April 15 unless required drainage facilities are in place.
Presley has filed data indicating they are proceeding in a
manner that no additional runoff will occur; so they are being
allowed to grade during those months.
Councilman Daly.
Feels there is no new evidence; most of these issues should have
been addressed during the EIR process three years ago.
ENVIRONMENTAL IMPACT REPORT NO, 273 (PREVIOUSLY CERTIFIED); On motion by
Councilman Pickler, seconded by Councilman Ehrle, previous certification of
Environmental Impact Report No. 273 was reaffirmed. Councilwoman Kaywood
voted no. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 3, 1989, 5:30 P.M.
MOTION: On motion by Councilman Hunter, seconded by Councilman Ehrle, appeal
filed on Grading Plan No. 1302 was rejected, and the Grading Plan was
approved. Councilwoman Kaywood voted no. MOTION CARRIED.
109: 1991 NATIONAL CRIMINAL JUSTICE CONFERENCE; On motion by Councilman
Ehrle, seconded by Councilman Pickler, the Anaheim City Council determined
that the need to act on the following item arose after the posting of the
agenda for this meeting, on Friday, September 29, 1989, at 2:00 p.m.; and
consequently waived the Brown Act requirement relative to posting the item on
the printed agenda. MOTION CARRIED.
In accordance with request by State Senator John Seymour, Councilman Pickler
moved to authorize a letter of support from the City Council for the
Governor's Office of Criminal Justice Planning's proposal to hold the 1991
national conference in Anaheim. Councilwoman Kaywood seconded the motion.
Councilman Hunter voted no. MOTION CARRIED.
RECESS: By general consent the Council recessed into Closed Session.
(8:55 p.m.)
ADJOURNMENT: The City Council returned from Closed Session and adjourned, on
motion by Councilman Hunter, seconded by Councilman Ehrle. MOTION CARRIED.
(9:30 p.m.)
LEONORA N. SOHL, CITY CLERK
951