1988/09/20103
City Hall, Anaheim, California - COUNCIL MINUTES - September 20, 1988, 1;30 P,M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay
ABSENT: COUNCIL MEMBERS: Kaywood
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahtt
ZONING DIVISION MANAGER: Greg Hastings
CODE ENFORCEMENT MANAGER: John Poole
TRAFFIC ENGINEER: Paul Singer
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:00 p.m. on September 16, 1988 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Bay called the meeting to order at 12:00 noon.
REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case No.
40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C.
No. 46-96-59; Balistreri vs. Pacifica Police Department, D.C.
#CV-86-1634-SC; City of Anaheim vs. County of Orange, O.C.S.C.C.
No. 50-96-78.
b. To discuss labor relations matters - Government Code Section
54957.6.
c. To discuss personnel matters - Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilwoman Kaywood, and welcomed those
in attendance to the Council meeting. (1:37 p.m.)
INVOCATION; Pastor Kenneth Krueger, Lamb of God Lutheran Church, gave the
invocation.
FLAG SALUTE: Councilman Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 20, 1988, 1;30 P.M.
119; pROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
Human Resources Week in Anaheim, September 25 October 1, 1988,
Integrity Day in Anaheim, September 24, 1988,
German-American Day in Anaheim, October 6, 1988,
30th Anniversary, Kiwanis Club of Greater Anaheim, September 30, 1988,
~9; DECLARATION: A Declaration of Congratulations was unanimously adopted
by the City Council congratulating Dr. Charles Frederick Wilcox II, Anaheim's
103 year old citizen. The Declaration will be presented to Dr. Wilcox.
~19; PRESENTATION - EMPLOYEE CERTIFICATES OF ACHIEVEMENT; The following
employees were presented with Certificates of Achievement issued by the
Employee Involvement Program Board of Directors along with monetary awards
ranging from $30 to $1,312: Henry Ruppe ($1,312), Joanne Williams, Sharon
McCamon, Donald Mills, Carolyn Sablowskt and Maureen Brock.
The submitted suggestions would save City costs, improve service to the public
or prevent possible hazards.
Mayor Bay and Council Members congratulated each employee for their
contributions.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,497,367.50, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCES; The titles of the following
resolutions and ordinances on the Consent Calendar were read by the City
Manager. (Resolution Nos. 88R-353 through 88R-359, both inclusive, for
adoption and Ordinance No. 4960 for adoption and Ordinance No. 4963 for
introduction)
Councilman Pickler moved tO waive the reading in full of the resolutions and
ordinances. Councilman Hunter seconded the motion. Councilwoman Kaywood was
absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler,
seconded by Councilman Hunter, 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. 88R-353 through 88R-359, both inclusive, for adoption. Refer
to Resolution Book. Councilman Pickler offered Ordinance No. 4960 for
adoption and Ordinance No. 4963 for introduction.
Al. 118: The following claims were filed against the City and action taken
as recommended:
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City Hall. Anaheim. California - COUNCIL MINUTES - Sevtember 20. 1988, ~;30 P,M,
a. Claim submitted by Mr. & Mrs. Rodolofo Cornejo for property damage
sustained purportedly due to actions of the City on or about July 8, 1988.
b. Claim submitted by Gregory L. Bahr for property damage sustained
purportedly due to actions of the City on or about August 5, 1988.
c. Claim submitted by Flora Stanton for bodily injury sustained
purportedly due to actions of the City on or about April 30, 1988.
d. Claim submitted by Ms. Jean Barnes for bodily injury sustained
purportedly due to actions of the City on or about May 31, 1988.
e. Claim submitted by Donal Harper for property damage sustained
purportedly due to actions of the City on or about August 15, 1988.
f. Claim submitted by Roger U. Gotreau for property damage sustained
purportedly due to actions of the City on or about August 3, 1988.
A2. 156: Receiving and filing the Anaheim Police Department Crime and
Clearance Analysis for August 1988.
A3, ~58; gESOLUTION NO, 88R-353; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting a certain
irrevocable offer of dedication of Stage Coach Road for street and public
utility purposes and facilities, Ladera Lane and Butterfield Lane as easements
for water and public utility purposes - Tract 10617)
A4. 158: RESOLUTION NO, 88R-354; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting a certain
irrevocable offer of dedication of Bauer Road, Altair Lane, Blackberry Lane,
Raspberry Lane, Saffron Street and Sagewood Avenue for street and public
utility purposes and facilities - Tract 10980)
AS. 104: Approving a Notice of Completion of the construction of street
lighting systems (improvements) for Street Lighting Assessment District 1984-1
by Paul Gardner Corporation, and authorizing the Mayor to sign and the City
Clerk to file the Notice of Completion.
A6. 164: Awarding a contract to the lowest and best responsible bidder, Doty
Bros. Equipment Co., in the amount of $432,234 for Lewis Ball Storm Drain
Improvement.
A7. 149: RESOLUTION NO. 88R-355; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RESTRICTING PARKING ON CERTAIN CITY STREETS TO PERMIT PARKING
ONLY. (Restricting vehicular parking and allowing resident only permit
parking on the following streets: east and west side of Lakedale Drive south
of Riverdale Drive to its southerly terminus, east and west side of Starling
Way south of Riverdale Drive to its southerly terminus, north and south side
of Cul de Sac Avenue west of Starling Way to its westerly terminus, east and
west side of Starfire Street from Starling Way to Beauty Drive, and the north
and south side of Beauty Drive from east terminus to west terminus)
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Hall, Anaheim, California - COUNCIL MINUTES - September 20. 1988. 1:30 P.M.
A8. 155/106: Approving an increase in the Public Works Engineering
Department 1988-1989 Capital Improvement Budget in the amount of $2,850,915
for various projects and funding sources.
A9. 123: Approving agreements with Weston Pringle & Associates in the amount
of $2,865 per intersection, and Basmaciyan-Darnell, Incorporated in the amount
of $3,180 per intersection to provide traffic signal design services.
AiO. 144/150: RESOLUTION NO, 88R-356: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE A
PEDESTRIAN FACILITIES CLAIM APPLICATION FOR THE FISCAL YEAR 1988-89 WITH THE
ORANGE COUNTY TRANSPORTATION COMMISSION PURSUANT TO PUBLIC UTILITY CODE
SECTION 99233.3. (Authorizing the City Manager and City Clerk to execute and
file a bicycle/pedestrian facilities claim application for the fiscal year
1988-89 with the Orange County Transportation Commission expressing the desire
to participate in the proposed project for the construction of pedestrian
facility improvements)
All, 153; RESOLUTION NO, 88R-357; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
NO. 47. (Amending Article 17, salary relationships and Appendix "A", wages of
the Memorandum of Understanding dated July 14, 1984)
Al2, 153; RESOLUTION NO, 88R-358; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
NO. 47. (Amending Appendix "A", wages of the Memorandum of Understanding
dated July 14, 1984, upgrading the classification of Line Mechanic)
Al3, 153; RESOLUTION NO, 88R-359; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION. (Amending Article 24.4 of the
Memorandum of Understanding dated October 27, 1986, to provide that the
eligibility list for Police Sergeant will consist of one or more bands of
eligible candidates with no rank order assigned to individual candidates)
Al4. 123: Approving an agreement with the firm of David M. Criffith and
Associates, Ltd., in an amount not to exceed $14,500 to act as consultants for
the development of cost allocation plans and indirect cost proposal
assistance, and waiving Council Policy No. 401 so that the work be awarded
without competitive bids being solicited.
Al5. 160: Authorizing the Purchasing Agent to issue purchase orders in the
amount of $137,929.32 for thirteen (13) Three Phase Padmount Transformers all
in accordance with Bid Proposal #A-4593 as publicly advertised.
Al6. 160: Authorizing the Purchasing Agent to issue purchase orders in the
amount of $134,165.26 for twenty-two (22) Three Phase Padmount Transformers,
all in accordance with Bid Proposal #A-4595 as publicly advertised.
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Hall. Anaheim. California - COUNCIL MINUTES - SePtember 20. 1988. 1:30 P.M
Al7. 175.123: Approving an agreement with Southern Electric International,
Inc., in an amount not to exceed $30,000 to license/purchase CADET software
for the Utilities Department.
175.123/160: Accepting the bid of, and approving an agreement with Nadek
Computer Systems, in the amount of $37,363 (plus applicable sales tax,
training and miscellaneous maintenance costs) to supply all required hardware,
installation and on-site maintenance for the Utilities Department EIS System
(for a period of six months) in accordance with bid #A-4613.
Al8. 116/123: Approving a letter agreement with Celebrity Theatre, and
authorizing the City Manager to sign a letter indemnifying and holding
harmless the Celebrity Theatre in conjunction with the upcoming Employee
Talent Show.
Al9. 106: Approving reserve appropriations of $47,727,705 from the prior
fiscal year (1987/88) to the second half of the two year budget (1988/89).
A20, ~4~: ORDINANCE NO. 4963 - (INTRODUCTION); AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTIONS 1.01.389.020, 14.32.189.050, 17.28.030.120 AND
17.28.130.030.032 OF CHAPTERS 1.01, 14.32 AND 17.28 OF TITLES 1, 14 AND 17,
RESPECTIVELY, OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC, RELATING TO
CERTAIN ORDINANCES CONTAINING CLERICAL ERRORS.
A21. 105/142: ORDINANCE NO. 4960 (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING NEW SECTION 1.04.999 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO CONFLICTS OF INTEREST. (Relating to Boards and
Commissions Conflicts of Interest)
Roll Call Vote on Resolution Nos. 88R-353 through 88R-359:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
None
Kaywood
The Mayor declared Resolution Nos. 88R-353 through 88R-359, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 4960:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
None
Kaywood
The Mayor declared Ordinance No. 4960 duly passed and adopted.
End of Consent Calendar. Councilwoman Kaywood was absent. MOTION CARRIED.
105: PROJgCT AREA COMMITTEE CHARTER; Consideration of renewal of the Project
Area Committee charter for a term of one year, and confirming the
reappointment and re-election of its current members as requested by
Gary Masciel, Chairman of the Project Area Committee.
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Cit~ Hall. Anaheim, California - COUNCIL MINUTES - Sevtember 20, 1988. 1:30 P,M, __
Councilman Bay moved not to renew the Project Area Committee (PAC) Charter and
requested that letter of appreciation be sent to the members of PAC for their
contributions to that Committee. Councilman Ehrle seconded the motion.
Councilwoman Kaywood was absent. MOTION CARRIED.
139; SENATE BILL NO. 2896: On motion by Councilman Bay, 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 16, 1988, at 4:00 p.m.; and consequently waived the Brown
Act requirement relative to posting the item on the printed agenda.
Councilwoman Kaywood was absent. MOTION CARRIED.
On report and recommendation by the Fire Chief, Councilman Bay moved to take a
position of opposition to S.B. No. 2896, which would require sprinklers in
high-rise buildings of 75 feet or more, built prior to July 1, 1974, and
preempt local governments from enacting more stringent requirements in the
areas of time frames for sprinkler system installation and requirements such
as auxiliary water supply capacities, elevator enclosures and stair shaft
ventilation systems. Councilman Pickler seconded the motion. Councilwoman
Kaywood was absent. MOTION CARRIED.
153/116: APPOINTMENT - ADMINISTRATIVE SERVICES DIRECTOR: On report and
recommendation by the City Manager, Councilman Bay moved that the appointment
of Ronald M. Rothschild to the position of Administrative Services Director,
effective September 16, 1988, be approved. Councilman Hunter seconded the
motion. Councilwoman Kaywood was absent. MOTION CARRIED.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
179; ITEMS C1 - CI0 FROM THE PLANNING COMMISSION MEETING OF AUGUST 29, 1988 -
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 20. 1988:
cl,
CONDITIONAL USE PERMIT NO, 3033 AND NEGATIVE DECLARATION:
OWNER: THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, CA
90240
AGENT: TAIT AND ASSOCIATES, P.O. Box 4429, Orange, CA 92613
~OGATION; 2800 W, Ball Road
To permit a convenience market with gasoline sales.
CUP NO. 3033 APPROVED by the Planning Commission, PC88-233.
Approved Negative Declaration.
VARI~NCE NO, 3823 AND NEGATIVE DECLARATION:
OWNERS: ANAHEIM VILLAGE THREE OWNERS ASSOCIATION, 2082 Michelson,
#212, Irvtne, CA 92715
AGENT: BRENT NERGUIZIAN, 2082 Mlchelson, #212, Irvtne, CA 92715
~OCATION; 2050 West Greenleaf Avenue
To construct a 3-story 47-unit apartment complex with waivers of (a)
maximum structural height and (b) maximum fence height.
Variance No. 3823 GRANTED by the Planning Commission, PC88-234.
Approved Negative Declaration.
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City Hall, Anaheim. California - COUNCIL MINUTES - September 20. 1988. 1;30 P.M.
C3.
RECLASSIFICATION NO. 88-89-09. VARIANCE NO. 3834 AND NEGATIVE DECLARATION:
OWNERS: NEWPORT PACIFIC REALTY AND INVESTMENT, 4000 MacArthur Blvd.,
#680, Newport Beach, CA 92660
LOCATION: 2011 and 2017 West Dal~ Road
For a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone, and to construct a 3-story, 22-unit apartment complex with
waiver of maximum structural height.
Reclassification No. 88-89-09 GRANTED by the Planning Commission,
PC88-235
Variance No. 3834 GRANTED by the Planning Commission, PC88-236.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Bay and, therefore, a public hearing will be scheduled at
a later date.
Councilwoman Kaywood was absent at this meeting but submitted a letter
requesting this item be heard for public hearing.
C4,
RECLASSIFICATION NO. 88-89-10. VARIANCE NO, 3835 AND NEGATIVE DECLARATION:
OWNERS: DARRELL PHILLIPS AND BARBARA PHILLIPS AND STEPHEN D. SHIRLEY
ET AL, 1591 W. Teclmar Avenue, Anaheim, CA 92802
AGENT: DENNIS FLYNN, 4831 Aliano Plaza, Yorba Linda, CA 92686
LOCATION: 1811. 1817 and 1821 E, Cypress Street
For a change in zone from RS-7200 to RM-3000 or a less intense zone,
and to construct an ll-unit 1 and 2-story condominium complex with
waivers of (a) minimumbuilding site width, (b) maximum structural
height, (c) permitted encroachment into required yards and (d)
maximum fence height.
Reclassification No. 88-89-10 GRANTED by the Planning Commission,
PC88-237.
Variance No. 3835 GRANTED by the Planning Commission, PC88-238.
Approved Negative Declaration.
C5,
CONplTIONAL USE PERMIT NO, 3048 AND N~OATIVE DECLARATION:
OWNER: DOMINION PROPERTY COMPANY, 2811 Wilshire Blvd., #660, Santa
Monica, GA 90403'
AGENT: PHILIP R. SCHWARTZE, 14841 Yorba Street, #100, Tustin, CA
92680
I~OCATION; 3320 East La Palma Avenue
To permit industrially-related office uses in an existing industrial
building.
CUP NO. 3048 GRANTED by the Planning Commission, PC88-239.
Approved Negative Declaration.
C6, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO, 3055 AND NEGATIVE
DECLARATION:
OWNERS: FRED W. MORGENTHALER, 24541 Saturna Drive, Mission Viejo,
CA 92691
AGENT: ALI R. SAJJADI AND NEMATOLLAH SAJJADI, 12152 E. Chapman #9,
Garden Grove, CA 92640
906
City Hall. Anaheim, California - COUNCIL MINUTES - September 20. 1988. 1:30 P.M.
LOCATION; 513 W, Chapman Avenue
To permit a 1,446 sq. ft. convenience market in an existing
commercial retail center with waiver of minimum number of parking
spaces.
CUP NO. 3055 GRANTED by the Planning Commission, PC88-240.
Waiver of Code Requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
C7,
CONDITIONAL USE PERMIT NO, 3056 AND NEGATIVE DECLARATION: OWNER: ANNE PAULUS, P.O. Box 4349, Anaheim, CA 92803
AGENT: GARL KARCHER ENTERPRISES, 1200 N. Harbor Boulevard, Anaheim,
CA 92803
LOCATION; 2820 E, Lincoln Avenue (Carls Jr.)
To permit a drive-through addition to an existing fast-food
restaurant.
CUP NO. 3056 GRANTED by the Planning Commission, PC88-241.
Approved Negative Declaration.
C8, RECLASSIFICATION NO, 87-88-50 (REVISION NO. 2). VARIANCE NO. 3794 AND
N~GATIVE DECLARATION:
OWNERS: JOSEPH H. MAKABI AND JALEH J. MAKABI, ET AL, 3333, 3335 and
3335-1/2 W. Ball Road, Anaheim, CA 92803
AGENT: .MAGDY HANNA, 4000 MacArthur Boulevard, #680, Newport Beach,
CA 92660
LOCATION; 3333, 3335 ~ 3335-1/2 West Ball Road
For a change in zone from RS-A-43,000 to RM-3000 or a less intense
zone, and to construct a 1 and 2-story, 12-unit "affordable"
condominium complex with waivers of (a) minimumbutldtng site area
per dwelling unit, (b) maximum structural height, (c) minimum floor
area of 3-bedroom dwelling units, (d) minimum structural setback
abutting a single-family residential zone and (e) minimum
recreational/leisure area.
Reclassification No. 87-88-50 GRANTED by the Planning Commission,
PC88-242.
Variance No. 3794 GRANTED by the PlanntnS Commission, PC88-243.
Approved Negative'Declaration.
A review of the Planning Commission's decision was appealed by the applicant
and, therefore, a public hearing will be scheduled at a later date.
C9,
VARIANCE NO, 2194, CATEGORICAIIX EXEMPT (STATUTORY EXEMPTION):
OWNER: ALLEN R. LOISELLE, P.O. BOX 4161, Garden Grove, CA 92642
~OCATION; 1551 North Miller Street
Petitioner requests approval of a 2-year (retroactive to 8-20-86)
extension of time under authority of Code Section 18.03.093 and
deletion of Condition No. 6 of Resolution No. 70-144 pertaining to
required extensions of time to retain outdoor storage for a pallet
repair service.
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City Hall. Anaheim. California - COUNCIL MINUTES - September 20. 1988. 1:30 P.M.
Extension of time (retroactive to 8/20/86) for Variance No. 2194
GRANTED by the Planning Commission to expire 8/20/90.
Gl0, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO, 2995 AND NEGATIVE
DECLARATION:
OWNERS: STEVEN I. AND OLGA PACZKO, 6281 Newbury Drive, Newport
Beach, CA 92647
CHEVY CHASE ANAHEIM PARTNERS, ATTN: JACK MC COSH, 200 North Harbor
Boulevard, Anaheim, CA 92805
LOCATION: Property is approximately 15 acres located .South of the 91
(Riverside) Freeway. north of Romneya Drive, west of Manzanita Park
and east of Patrick Henry Elementary School.
Petitioner requests amendment to previously approved Conditional Use
Permit No. 2995 to add one lot (1227 N. Robin Street) to a previously
approved "Planned Residential Development" which consists of
approximately 15 acres of existing apartments to be rehabilitated,
with waivers of (a) type, size and screening of carports, and (b)
minimum setback adjacent to streets.
Amendment to CUP NO. 2995 GRANTED by the Planning Commission,
PC88-245.
Approved Negative Declaration.
179: ITEM Cll FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 12, 1988 -
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 22, 1988
Cll, ~R~VIRONMENTAL IMPACT REPORT NO, 283 (PREVIOUSLY CERTIFIED) SYCAMORE
CANYON SPECIFIC PLAN ¢SP88-1) FINAL SITE PLAN REVIEW FOR RESIDENTIAL
SINGI~-FAMILyVESTING TENTATIVE TRACT MAP NOS, 12987 (53-UNITS), 12993
¢53-UNITS). AND 13153 (51-UNITS).
APPROVED by the Planning Commission.
End of the Planning Commission Items. Councilwoman Kaywood was absent.
MOTION CARRIED.
179: ORDINANCE NOS. 4961 AND 4962 - FOR ADOPTION:
UAIVER OF RRADINC - ORDINANCES: The titles o£ the £ollowlns ordinances were
read by the City Clerk. (Ordinance Nos. 4961 and 4962)
Councilman Bay moved to waive the reading in full of the ordinances.
Councilman Ehrle seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Pickler offered Ordinance Nos. 4961 and 4962 for adoption. Refer
to Ordinance Book.
ORDINANG~ NO, 4961; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.030 OF SECTION 18.06.070 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (To increase the required length of
drive-through service lanes without separate order devices from 100 feet to
160 feet)
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Hall. Anaheim, Callfornla - COUNCIL MINUTES - September 20. 1988. 1:30 P.M.
ORDINANCE NO. 4962: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 87-88-03
located at southwest corner of Short Street and Kellogg Drive, from
RS-A-43,000 to RS-5,000 (for Tentative Tract 13130).
Roll Call Vote on Ordinance Nos. 4961 and 4962:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
None
Kaywood
The Mayor declared Ordinance Nos. 4961 and 4962 duly passed and adopted.
~ On motion by Councilman Bay, seconded by Councilman Pickler, the City
Council recessed to 3:00 p.m. for public hearings. Councilwoman Kaywood was
absent. MOTION CARRIED. (2:17 p.m.)
~ The Mayor called the meeting to order, all Council Members
being present, with the exception of Councilwoman Kaywood. (3:00 p.m.)
179: CONTINUED PUBLIC HEARING - VARIANCE NO, 3820 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Chi Keung Kwok, et al.
P.O. Box 6551,
Anaheim, CA 92806
LOCATION/REQUEST: The property is located at 506 South State College
Boulevard. The request is to establish a 738 square-foot donut shop with
waiver of minimum number of parking spaces.
ZONING ADMINISTRATOR ACTION: Resolution No. ZA88-45 denied Variance No. 3820;
approved EIR - Negative Declaration.
HEARING SET ON:
Zoning Administrator information item (Item C1) at the meeting of August 16,
1988. Letter of appeal filed by Kathleen H. Martin, Agent for Harm Ouy Chau.
This matter was continued from the meeting of August 30, 1988, to this date to
allow time for the City Clerk to readvertise due to the fact that a number of
residents had not received notice prior to the August 30th date of hearing.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 18, 1988 and September 8, 1988.
Posting of property August 19, 1988 and September 9, 1988.
Mailing to property owners within 300 feet August 18, 1988 and September 7,
1988.
PLANNING STAFF INPUT:
See Staff Report to the Zoning Administrator dated July 28, 1988.
The Mayor opened the public hearing and asked if the applicant or his agent
were present. There was no response.
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C~ty Hall. Anaheim. California - COUNCIL MINUTES - Sevtember 20. 1988. 1:30 P.M.
It was noted after a request from the Mayor that there were a number of people
in the audience to speak against the Variance, and none to speak in favor.
Council Member Pickler explained that he was of the opinion this Variance was
appropriately denied by the Zoning Administrator, and he intended to support
that decision. It was the consensus of Council that the Zoning
Administrator's decision be upheld.
Mayor Bay once again asked if either the applicant or any other person wished
to speak in favor of the Variance. There was no response.
It was determined not necessary to hear the speakers in opposition to the
Variance.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Bay, 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. Councilwoman Kaywood was absent. MOTION CARRIED.
WAIVgR OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-360)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-360 for adoption, denying
Variance No. 3820, upholding the Zoning Administrator's decision. Refer to
Resolution Book.
RESOLUTION NO. 88R-360: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3820.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
None
Kaywood
The Mayor declared Resolution No. 88R-360 duly passed and adopted.
179; ~UBblC ~EARING - VARIANCE NO, ~821, CATEGORICALLY EXEMPT. CLASS 3-A:
APPLICANT: Robert L. Davis and Amtnta D. Davis
6503 Marengo Drive,
Anaheim, CA 92807
910
Hall. Anaheim, California - COUNCIL MINUTES - Seutember 20. 1988. 1:30 P.M.
AGENT:
Thomas Maurer & Associates
Attn: Rick Crane
150 E1 Camino Real, No. 200,
Tustin, CA 92680
LOCATION/REQUEST: The property is located at 6980 E. Aventda de Santiago.
The request is to construct a 2-story, 33 foot, 6-inch high, single-family
residence with waiver of maximum structural height.
ZONING ADMINISTRATOR ACTION: Variance No. 3821 was approved by the Zoning
Administrator, Decision No. ZA88-47.
HEARING SET ON:
A Review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood and Councilman Pickler at the meeting of August 16, 1988, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 8, 1988.
Posting of property September 9, 1988.
Mailing to property owners within 300 feet - September 7, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 28, 1988.
APPLICANT'S
STATEMENT:
Rick Crane, Thomas Maurer & Associates, representing the owners,
Robert L. and Amtnta D. Davis. Their firm is the architect on
this project. He is here to present a case for approval of the
33 ft. 6 inch height variance. He displayed a colored rendering
of the front facade of the project. He submitted a letter in
support of the project from 'the owner of lot #3 in the same
tract, and signed drawings which were approved by the homeowners
association.
In response to Councilman Pickler, Mr. Crane indicated he was
aware of the 25 ft. height limitation, however he was also aware
of several homes in the immediate area which had been granted
variances and were built to heights above 25 feet. He also
indicated it would not be possible to design a house of this
architectural style with a height under 25 feet.
PUBLIC DISCUSSION
IN FAVOR: Mr. J. R. Morrow, 1428 E. Chapman Avenue, Orange.
He indicated that his firm was well aware of the 25 foot
limitation, however in their initial meetings with City staff it
was also indicated that since the adjacent residence was at 33
feet they would have no problem with his submittal of the plans
and the request for Variance. In conjunction with this project
they have met with the neighbors and the homeowners association,
all of whom are in concurrence and support the project.
911
91
City Hall, Anaheim, California - COUNCIL MINUTES - September 20. 1988. 1:30 P.M.
The individuals at the Zoning Administrator's hearing who were
opposed do not live in the immediate area. He noted that Hidden
Canyon is a private secluded community which is not perceived to
be within the scenic corridor due to the topography. The
property in question is 1.25 acres and has a buildable pad of
15-20,000 square feet. The residence will be built to 5,500 or
5,800 square feet. Architecturally it is in keeping with the
area. It meets all other code standards, and will sit 60 feet
back from the street. Only 8% of the roof will be above 30 feet.
Christine Timeshook, member of the Architectural Control
Committee. She indicated the homeowners do support the home.
She voiced the opinion there was no reason not to allow a height
variance when almost all of the homes are over the 25 foot
limit, and she felt the homeowners should have some say in how
high the homes will be. The rules should be changed for this
area.
Karen Roach, Member of the Architectural Control Committee,
Hidden Canyon Estates. She noted that the plans for this home
have been passed by her committee, and the homeowners are in
support. They would much rather see the construction of this
home, than to have empty lots which invite teenagers to park
their cars.
Bob Lundstrom, owner of Lot #1, Hidden Canyon Estates, voiced
the opinion that no matter what height of home is built it is
going to impact someone's view, in this case the view being
impacted is someone driving by.
Tom Nichols, builder of a house in Hidden Canyon in 1987, with
two others under construction. He noted that all three had
variances from the standards. Many of the homes being built now
have 9-10 foot high interior walls and a 25 foot overall height
does not permit the builder to do a good Job with the European
architectural style because there is only a 5 foot pitch for the
roof.
OPPOSITION:
The Mayor ca}led for anyone who wished to speak in opposition.
There was no response.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Mayor Bay noted he did support the property owner's right to
have a say in the architectural style of his home, as lonE as
there is no serious tangible effect on his neighbor. He also
suggested that these homeowners make their opinions on the
height limit for their area known to the Planning Staff and
Planning Commission.
912
City Hall, Anaheim, California - COUNCIL MINUTES - September ~0, 1988, 1;30 P.M.
ENVIRONMENTAL IMPACT RE¥ORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Ehrle, the City Council determined that the
proposed activity falls within the definition of Section 3.01, Class 3-A, of
the City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-361)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 88R-361 for adoption, granting
Variance No. 3821. Refer to Resolution Book.
RESOLUTION NO, 88R-361; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3821.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: Kaywood
The Mayor declared Resolution No. 88R-361 duly passed and adopted.
~79; pUBLIC HEARING - VARIANCE NO, 3827 AND NEGATIVE DECLARATION:
APPLICANT: OWNER: Jack Nosek, et al,
1206 W. Ash Avenue,
Fullerton, CA 92633
AGENT:
Thomas Maurer & Associates
Attn: Rick Crane
150 E1 Camtno Real, No. 200,
Tustin, CA 92680
LOCATION/REOUEST: The property is located at 806 W. Romneya. The request is
originally to construct a 3-story, 10-unit, apartment complex with waivers of
maximum structural height and maximum site coverage. The applicant has now
submitted revised plans to include a waiver of minimum front setback.
ZONING ADMINISTRATOR ACTION: Variance No. 3827 was denied by the Zoning
Administrator, Decision No. ZA88-48; approved Negative Declaration.
HEARING SET ON:
Letter of appeal filed by Rick Crane, Agent for Thomas Maurer & Associates.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 8, 1988.
913
89
CSty Hall, A?-helm, California - COUNCIL MINUTES - September 20. 1988. 1:30 P.M.
Posting of property September 9, 1988.
Hailing to property owners within 300 feet - September 7, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Zoning Administrator dated July 28, 1988.
APPLICANT'S
STATEMENT:
Bob Htchelson, 328 North Glassell, Orange, representing Ranco
Development.
He stated it was his understanding that due to the redesign of
this project which caused the necessity for a third variance,
making three items being requested instead of two, the Zoning
Administrator could not rehear the project and it was appealed
to the Council.
The redesign of the project has the front unit lowered, the roof
is hipped and the building steps back. The structure is 23 feet
back to the front of the apartment unit which is the reason for
the 3rd variance.
PUBLIC DISCUSSION:
IN FAVOR: Jack Nosek, 1206 W. Ash Avenue, Fullerton, owner of the property
stated that much of the opposition to this project was based on
traffic problems, which were not due to this development. There
are apartment units in the area, and he felt this development
would be a benefit to the area, as compared to the structure on
it presently.
Rick Crane, Thomas Maurer & Associates, architects for the
project. They felt that they had come up with a viable solution
with a redesign which reduced the height at the front, there is
property in the areas with the same zone they are proposing.
Although the structure proposed is really 2-1/2 stories it is
recognized here as 3 stories.
In response to Mayor Bay, it was ascertained that the project
would be located 86 feet from existing single family properties
to the northeast across Romneya Street, and there are two
approved projects for 2-1/2 story with the same concept as this
to be located nearby. There are none existing.
PUBLIC DISCUSSION
IN OPPOSITION:
The following persons spoke in opposition to the project:
Bonnie Ktrkwood, Board Member of NIPA.
Dave Pritchard, owner of property at 906 and 908 Romneya
Daisy Jones, 1218 North Riviera
Shirley Ford, 1242 North Ralston
Their opposition was based on the density - 10 units on this
size lot; underground parking with security gates which will not
be maintained will cause future problems; the 3-story concept;
914
City Hall, Anaheim, California - COUNCIL MINUTES - September 20. 1988. 1:30 P,M.
overcrowding in the area; property and area cannot absorb more
people.
FINAL SUMMATION BY APPLICANT:
Bob Michelson. The plans show this is intended to be a high
quality development with lots of attention to detail. The
builder has made a very strong attempt to mitigate the concerns
of the neighbors. This is not a pioneering project, but rather
a response to a trend in the area.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Mayor Bay asked if there are three-story as defined by the City
codes already approved in this area. Greg Hastings replied that
2 doors to the west, there is a project approved by the Planning
Commission for 10 units, 3 story, 28-1/2 feet high, and another
8-9 lots west of Romneya recently approved by the Planning
Commission.
Mr. Hastings also confirmed that the project in question had
maximum site coverage over 55 percent - it was proposed at 67%.
Councilman Hunter was of the opinion that this project would
establish a precedent in a primarily single family area, and
should have gone back to the Planning Commission for review of
the redesign.
Councilman Pickler favored sending the revised plans back to the
Planning Commission for review, and continuing the Council
decision.
It was the consensus of Council opinion that the project in
either its present redesign state, or if further design changes
are made, should be reviewed by the Planning Commission, and
should be considered a new project. Council Members were of the
opinion that the applicant should be able to refile the project
immediately.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECIARATION: On motion by Councilman
Bay, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilwoman Kaywood was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-362)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
915
City Ha~l, A~aheim. California - COUNCIL MINUTES - September 20. 1988. 1:30 P.M.
Councilman Bay offered Resolution No. 88R-362 for adoption, denying Variance
No. 3827 without prejudice. Refer to Resolution Book.
RESOLUTION NO. 88R-362: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 3827.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
None
Kaywood
The Mayor declared Resolution No. 88R-362 duly passed and adopted.
179; PUBLIC HEARING - CONDITIONAL USE PgRMIT NO, 3037 AND NEGATIVE
APPLICANT: OWNERS:
Leo Freedman
468 S. Roxbury Drive-Penthouse,
Beverly Hills, CA 90212
AGENT:
Ground Systems Inc./Ptnetree
201 E. Broadway, Suite 35,
Anaheim, CA 92805
LOCATION/REOUEST: The property is located at 1660 S. Harbor Boulevard. The
request is to permit a transportation terminal.
PLANNING COMMISSION ACTION: Resolution No. PC88-203 granted Conditional Use
Permit No. 303; approved Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler and Councilwoman Kaywood at the meeting of August 23, 1988, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 8, 1988.
Posting of property September 9, 1988.
}{ailing to property owners within 300 feet - September 7, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated August 1, 1988.
APPLICANT'S
STATEMENT:
Ketth Murdoch, 516 Wedgewood Drive, Anaheim.
Representing the proponents of the project, Mr. Murdoch
explained that there was some slippage in the timing of filing
this Conditional Use Permit Application. This was due to the
fact that he was on vacation and the requirements for submittal
were not complete. As a consequence, they were cited by Code
Enforcement.
916
88
City Hall. Anaheim. California - COUNCIL MINUTES - September 20, 1988, 1;30 P,M,
He gave a brief overview of the purpose of the transportation
terminal, being to provide transport service to and from area
airports, using vans for transporting from homes and hotels to
this centralized location. This would keep the larger buses out
of the congested areas and eliminate curbstde loading and
unloading. Providing a service such as this requires a
centralized location, and the subject property is the best, and
only location they could find. The proponents were of the
opinion it could be provided for on the hotel property since
many of the functions they would perform are the same as those
being provided by the hotel.
Mr. Murdoch explained that they are sensitive to the need for
additional screening because of the buses and wish to be
flexible in providing the a good looking activity and meeting
the conditions set forth by the Planning Commission, however,
they are requesting amendment to Conditions 3, 7, 14, 21, and 22
as imposed by the Planning Commission. He reviewed in detail
the changes required and the reasons for the amendments being
requested.
PUBLIC DISCUSSION
IN FAVOR: None
IN OPPOSITION:
Jack Lindquist, representing Disneyland, 1300 So. Harbor Blvd.
He voiced their opposition to the transportation terminal on the
Freedman property, due to the additional traffic created, but
primarily due to the aesthetics.
COUNCIL ACTION:
In response to Council Member Pickler, Mr. John Poole, Code
Enforcement Manager stated that according to their records and
staff report, this CUP application was not filed until
Mr. Chuck Allee was issued a citation in municipal court.
In response, Mr. Murdoch again stated that the application had
been discussed with representatives from the Planning Department
and had been filed however, it was not in sufficient compliance
to be processed.
Mayor Bay asked if anyone else wished to address the subject
either in favor or opposition, and there was no response.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Hunter, the City Council denied the negative
declaration upon finding that it has considered same together with any
comments received during the public review process, and further finding on the
basis of the initial study and any co~ents received that there is substantial
evidence that the project will have a significant effect on the environment.
Councilman Bay abstained. Councilwoman Kaywood was absent. MOTION CARRIED.
917
City Hall, Anaheim, California - COUNCIL MINUTES - September 20. 1988. 1:30 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-363)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Councilwoman Kaywood was absent.
MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-363 for adoption, denying
Conditional Use Permit No. 3037. Refer to Resolution Book.
RESOLUTION NO. 88R-363: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3037.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
None
Kaywood
The Mayor declared Resolution No. 88R-363 duly passed and adopted.
MOTION; Councilman Bay moved to grant the petitioner 30 days in which to
relocate the existing facility. Councilman Pickler seconded the motion.
Councilwoman Kaywood was absent. MOTION CARRIED.
155; PUBLIC HEARING - REQUEST TO REVISE TIMING ON CONDITION NOS, 12, 59, 60,
61, 80, AND 96 OF CITY COUNCIL RESOLUTION NO, 88R-69, SYCAMORE CANYON SPECIFIC
¥I2~N (S¥88-1), EIR NO, 283; REQUEST TO AMEND CONDITION NO, 29 OF CITY COUNCIL
RESOLU~ION NO, 88R-69, SYCAMORE CANYON SPECIFIC PLAN (SP88-1), EIR NO. 283;
APPLICANT: James Highland, Woodcrest Development
17911 Mitchell Avenue,
Irvine, CA 91714
AGENT:
Frank Elfend, Elfend & Associates
4675 MacArthur Court, Suite 660,
Newport Beach, CA 92660
LOCATION: SYCAMORE CANYON:' Subject property is approximately 325 acres and
is bounded on the north by East Hills Planned Community, on the west by The
Highlands at Anaheim Hills, on the south by The Summit of Anaheim Hills and on
the east by Irvine Company property in the County of Orange, and is further
described as Sycamore Canyon Specific Plan (SP88-1).
HEARING SET ON:
Request of Mr. Frank Elfend, Elfend & Associates, 4675 MacArthur Court, Suite
660, Newport Beach GA 92660.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 8, 1988.
Posting of property September 9, 1988.
Mailing to property owners within 300 feet - September 8, 1988.
918
City Hall, Anaheim, Ca%lfornSa - COUNCIL MINUTES - Seotember 20. 1988, 1;30 P,M. __
The Planning Staff indicated that documentation covering all of the
modifications to conditions was not complete in time for this hearing on
September 20, 1988.
Submitted for City Council consideration was letter dated September 15, 1988,
from Mr. Frank Elfend, indicating agreement on the part of his client to
continuation of this hearing to the City Council meeting of September 27, 1988.
MOTION: On motion by Mayor Bay, seconded by Council Member Pickler, the
public hearing on the request to revise timing of certain conditions
pertaining to Sycamore Canyon Specific Plan, (SP88-1) was continued to 3:00
p.m. on September 27, 1988. Councilwoman Kaywood was absent. MOTION CARRIED.
~ Councilman Pickler moved to adjourn. Councilman Hunter seconded
the motion. Councilwoman Kaywood was absent. MOTION CARRIED. (5:00 p.m.)
LEONORA N. SOHL, CITY CLERK
919