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1991/01/15City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1991, 3:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White Mayor Hunter called the adjourned regular meeting of January 8, 1991 (held January 15, 1991) to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney, Jack White requested a Closed Session to consider the following item: Liaison Committees and Commissions AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members being present. (3:58 p.m.) ADJOURNMENT: Council Member Hunter moved to adjourn the adjourned regular meeting of January 8, 1991 (held January 15, 1991). Council Member Ehrle seconded the motion. MOTION CARRIED. (3:59 p.m.) LEONORA N. SOHL, CITY CLERK City Hall. Anaheim. California - COUNCIL MINUTES - January 15, 1991, 5:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle, Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick CITY TREASURER: Mary Turner PRINCIPAL TRAFFIC ENGINEER: John Lower A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:10 p.m. on January 11, 1991 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; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. Keller vs. City of Anaheim, Orange County Superior Court Case No. 49-01-37. Graham vs. City of Anaheim, et al., Orange County Superior Court Case No. 53-62-38. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To meet with its Negotiator regarding the possible lease or sale of land located at 1566 South Douglass Road, Anaheim California, to Ogden Financial Services Inc. or other entity for a multipurpose sports and entertainment arena. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). 23 City Hall. Anaheim, California - COUNCIL MINUTES - January 15, 1991f 5=30 P.M. Mayor Hunter reconvened the City Council Meeting. (5=51 p.m.) WAIVER OF READING - ORDINANCES AND RESOLUTIONS= The titles of the following resolutions and ordinances on the Consent Calendar were read by the City Manager. (Resolution Nos. 91R-6 through 91R-11, both inclusive, for adoption; Ordinance Nos. 5198 and 5199, for adoption). Council Member Hunter moved to waive the reading in full of the ordinances and resolutions. Council Member Daly seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member Hunter, seconded by Council Member Daly, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and ae listed on the Consent Calendar~ Council Member Hunter offered Resolution Nos. 91R-6 through 91R-11, both inclusive, for adoption. Council Member Hunter offered Ordinance Nos. 5198 and 5199 for adoption. Refer to Resolution/Ordinance Book. Al. 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 Robert Dennis and Barbara Jane Jones for bodily injury sustained purportedly due to actions of the City on or about August 5, 1990. b. Claim submitted by Rick Houpt for property damage sustained purportedly due to actions of the City on or about November 2, 1990. c. Claim submitted by Jason Riley for property damage sustained purportedly due to actions of the City on or about May 2, 1990. d. Claim submitted by Dolin Properties for property damage sustained purportedly due to actions of the City on or about September 1, 1990. e. Claim submitted by Gary L. Mallow for property damage and bodily injury sustained purportedly due to actions of the City on or about October 7, 1990. f. Claim submitted by June Allen for bodily injury sustained purportedly due to actions of the City on or about June 6, 1990. g. Claim submitted by Beverly L. Samuel for property damage sustained purportedly due to actions of the City on or about November 18, 1990. h. Claim submitted by Claudia and Sene Thielmann for property damage sustained purportedly due to actions of the City on or about June 7, 1990. i. Claim submitted by Denny and Tammy Kent for property damage sustained purportedly due to actions of the City on or about September 14, 1990. 25 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1991, 5:30 P.M. A3. 176: RESOLUTION NO. 91R-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THE INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME FOR PUBLIC HEARING TO CONSIDER ABANDONING THOSE CERTAIN VEHICULAR ACCESS RIGHTS TO AND FROM THE NORTH SIDE OF MONTE VISTA ROAD, WEST OF WEIR CANYON ROAD (Dedicated to the City on Parcel Map 84-233) (90-18A). Suggested hearing date February 26, 1991 at 6:00 p.m. A4. 144: RESOLUTION NO. 91R-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE SEISMIC SAFETY RETROFIT OF VARIOUS BRIDGES. AS. 173: RESOLUTION NO. 91R-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING FULL-GRADE SEPARATION OF RAIL-HIGHWAY AND RAIL-RAIL CROSSINGS IN THE LOSSAN CORRIDOR AND PURSUIT OF FEDERAL FINANCIAL PARTICIPATION IN THIS EFFORT. A6. 123: Approving a First Addendum to Architect's Agreement with Ogden Allied Facility Management Corporation and Hellmuth, Obata & Kassabaum, Inc., for a change in the scope of services with regard to the Arena Project. (Council Member Pickler voted no.) A7. 144: RESOLUTION NO. 91R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS (1991-1992). (Magnolia Avenue - North City limits to La Palma Avenue, Ball Road - Sunkist Street to the Santa Ana River, Lincoln Avenue - Rio Vista Street to Sunkist Street, Magnolia Avenue - Crescent Avenue to Lincoln Avenue, Anaheim Boulevard - Cerritos Avenue to Ball Road, Ball Road - Brookhurst Street to Euclid Street.) AS. 155: Approving a Negative Declaration, pursuant to CEQA findings, for the construction of Ball Road Street Widening - from 370 feet west of Sunkist Street to the Santa Ana River. A9. 149: ORDINANCE NO. 5198 - ADOPTION: AH ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.189 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROHIBITED STOPPING OF VEHICLES (Walnut Street, on both sides, from Ball Road to Cerritos avenue). Al0. 170: ORD~N~NGE NO. 5199 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.04.115 AND 17.06.047 OF TITLE 17 OF THE ANAHEIM · MUNICIPAL CODE RELATING TO NOTICE REQUIREMENTS FOR HEARINGS PERTAINING TO GRADING. All. 160: Waiving Council Policy 306 and accepting the low bid of Conte Glancz Industries dba C.G.I. Systems, in the amount of $38,671 for switchgear upgrade at Fairmont Substation, in accordance with Bid $4917. A12. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Disney ImageMaker, in an amount not to exceed $170,000 for custom design and manufacture of uniforms for Anaheim Stadium. 27 City Hall. Anaheim. California - COUNCIL MINUTES - January 15, 1991, 5:30 P.M. Roll Call Vote on Ordinances: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance Nos. 5198 and 5199 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A18. 105: APPOINTMENT - HOUSING COMMISSION BOARD: Appointment to the Housing Commission Board to fill the current Tenant Commissioner vacancy (Gordon-term expires June 30, 1992). This matter was continued from the meetings of November 13, November 27 and December 11, 1990 to this date. MOTION: Mayor Hunter nominated Jose Valenzuela as Tenant Commissioner to the Housing Commission Board for the term expiring June 30, 1992. Council Member Daly seconded the motion. MOTION CARRIED. There being no further nominations, Mr. Valenzuela was unanimously appointed as Tenant Commissioner to the Housing Commission Board for the term ending June 30, 1992. A19. 105: APPOINTMENT TO THE COMMUNITY REDEVELOPMENT COMMISSION: Appointment to the Redevelopment Commission to fill an unscheduled vacancy (Berry-term expiring June 30, 1994). This item was continued from the meetings of November 13, November 27 and December 11, 1990 to this date. Council Member Pickler stated he would like to continue this item once again; no action was taken on the request. MOTION: Council Member Ehrle nominated Steve White. Council Member Hunter seconded the motion. MOTION CARRIED. There being no further nominations, Mr. White was unanimously appointed as Community Redevelopment Commissioner for the term ending June 30, 1994. A20. 105: Ap~QINTMENT TO THE SENIOR CITIZEN COMMISSION: Appointment to the Senior Citizen Commission to fill an unscheduled vacancy (Kincannon-term expires June 30, 1992). MOTION: Council Member Simpson nominated Mrs. Midge Seymour as Senior Citizen Commissioner to fill the unscheduled vacancy for the term ending June 30, 1992. Council Member Hunter seconded the motion. MOTION CARRIED. There being no further nominations, Mrs. Seymour was unanimously appointed as Senior Citizen Commissioner for the term ending June 30, 1992. A21. 127: REOUEST FOR CONSOLIDATION OF SPECIAL MUNICIPAL ELECTION OF MARCH 5, 1991 WITH SPECIAL STATE SENATE ELECTION~ Submitted was report dated January 11, 1991 from the City Attorney on the subject. 29 City Hall, Anaheim, California - COUNCIL MINUTES - January 15. 1991. 5~30 P.M. LOCATION/REQUEST: The location of the property is 511 South Brookhurst. The request was to permit on-sale of alcoholic beverages in an existing restaurant including a separate bar with dancing. The Planning Commission granted Conditional Use Permit No. 3347 for two years subject to certain stipulations and approved the Negative Declaration status. A review of the Planning Commission's decision was requested by Council Member Kaywood and Council Member Daly at the meeting of November 13, 1990 and Public Hearing scheduled for December 4, 1991. At that meeting, the City Council denied the Conditional Use Permit and subsequently the request for rehearing was submitted by Mr. Kromka. MOTION: Council Member Daly moved to deny the request for a rehearing on Conditional Use Permit 3347. Council Member Pickler seconded the motion. MOTION CARRIED. 179: ORDINANCE NO. 5200 - (INTRODUCTION): Amending Title 18 to rezone property under Reclassification No. 68-69-1 located at 2111 E. Lincoln Avenue, from the RS-7200 zone to the CO zone. Council Member Pickler offered Ordinance No. 5200 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5200: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification 68-69-1 - 2111 E. Lincoln Avenue). B4. REPORT AND RECOMMENDATION ITEM FROM THE PLANNING COMMISSION MEETING OF DECEMBER 17, 1990: This item was continued from the meeting of January 8, 1991 to this date. B4. 179: REQUEST FOR EXTENSION OF TIME ON CONDITIONAL USE PERMIT NO. 2861: Request for extension of time submitted by Bashmi Desai. The property is located at 2242 W. Lincoln Avenue. The petitioner is requesting a one-year extension of time to comply with conditions of approval for Conditional Use Permit No. 2861. The Planning Commission approved the extension of time for six months only to June 19, 1991 Jeff Farano, Farano and Kieviet. He was contacted by the Desais' just today regardin~ this matter. He has not reDresented the Degais'0n this Darticular piece of property before. This property is adjacent to another piece of property in which they are involved but this is his first introduction to this particular project. Mayor Hunter asked if there was a staff recommendation; Annika Santalahti, Zoning Administrator answered only that the Planning Commission recommended a six month approval although a one-year time extension was requested. Mr. Farano. He concurs with the Planning Commission recommendation. The project has not changed but the area and the codes have changed. The time extension will give the applicant an opportunity to get the project off the ground. 31 City Hall, Anaheim, California - COUNCIL MINUTES - January 15. 1991. 5:30 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-12) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-12 for adoption terminating all proceedings in connection with CUP No. 2296 and declaring Resolution Nos. 82R-240 and 86R-122 null and void. Refer to Resolution Book. RESOLUTION NO. 91R-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CUP NO. 2296 AND DECLARING RESOLUTIONS 82R-240 AND 86R-122 NULL AND VOID. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-12 duly passed and adopted. ITEM B6. FROM THE ZONING ADMINISTRATOR MEETING OF JANUARY 10r 1991 - DECISION DATE: JANUARY 11, 1991 INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 26, 1991 B6. 179: VARIANCE NO. 4104 AND NEGATIVE DECLARATION: OWNER: Catellus Development Corp., 3230 E. Imperial Hwy., Brea, CA 92621. AGENT: Rick Del Carlo, 3230 E. Imperial Hwy., Brea, CA 92621. LOCATION: Property is is approximately 7.0 acres located at the southeast corner of Manassero Street and Landon Drive. Waiver of minimum number of parking spaces to construct an additional 2,725 square feet of industrial area to a previously approved industrial complex. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4104 APPROVED (ZA91-01). Approved Negative Declaration. Cl. 108: HEARING - CONESTOGA HOTEL TRANSIENT OCCUPANCY TAX (TOT} APPEAL: To consider the appeal of the Conestoga Hotel regarding Transient Occupancy Tax - penalties on late payments assessed for the months of October 1989 and February 1990. Submitted was report dated January 9, 1991 from the City Treasurer, Mary Turner recommending denial of the request of the Conestoga Hotel for abatement of penalty in the amount of $3,343.32 for two late payments - one for October, 1989 and the other for February, 1990. Dick Heatherington, General Manager of Conestoga Hotel. He stated his Controller was with him to assist if necessary. He referred to Exhibits A and B previously submitted. Exhibit B referring to the February, 1990 payment 33 City Hall, Anaheim, California - COUNCIL MINUTES - January 15~ 1991. 5~30 P.M. gang fight and shooting where the Police response time was what the residents consider deplorable. It is common knowledge that there are thirty-five known gangs in the City and increasing every day. There are gang knivings and shootings occurring every week. She understands the City is cracking down on violence in a few small areas but, they feel, at the expense of those who live on the 'fringes.' Police support and protection is being taken from them and given to those other areas leaving their neighborhood vulnerable. It is their belief that enforcement needs to be done at the same time in all areas in order to prevent gangs from moving from one area into another where there is no enforcement. Sandy Dusterbek, 1014 N. Lomita. They are asking the Council to provide the Police Department with the necessary funding to hire as many police officers as necessary to fully protect and support the neighborhoods in the inner-city. They need a special group of bilingual police officers properly trained to work with gangs on every shift and funding to hire outreach workers to work with existing gang members. It is their belief that both sides of the gang issue most be worked on at the same time if there is going to be any hope of winning the war on gang violence. They know they are being asked to vote in March on the creation of a Public Safety Benefit Assessment District to finance the cost of providing additional police officers, fire fighters and paramedics for the City, but they are hoping the Council is not asking them to wait until then especially since there is no guarantee the Advisory Measure will pass. They feel the money is in the budget but it is just a matter of priorities. She asked the Council to tell them what they plan to do to better serve the inner-city. Mayor Hunter. Two weeks ago the Council received a report from the Chief of Police regarding police personnel. There are several things that are occurring, one of which is the forthcoming Special Police and Fire Benefits Assessment District Advisory Vote on the Special Election ballot of March 5, 1991. He agrees with not waiting until that time. At present there are eighteen police officers that were hired in the past but just now are coming on board after going through the Police Academy. Some are specifically assigned to the gang detail. Anaheim has approximately 344 sworn officers which is a population ratio of about 1.3 officers Der thousand residents. City is twenty-six miles long. There is no bias on police coverage. The Council heard the citizens during the election and hears them now. Police Drotection £~ to9 9r£0r£ty. The Council Member Daly. To underscore what the Mayor said, quietly approximately seven months ago the Council took an expensive action and unanimously voted to hire eighteen additional police officers which will mean eighteen more officers on the street. Ail the positions are not yet filled only because it takes time for the new hires to go through the academy. This was all done before the election discussion started. Anaheim has the largest police budget in Orange County. He then requested that the City Manager arrange for Police Chief Molloy to meet with the residents of the Lomita Street neighborhood to explain all the various efforts now underway relative to the gang detail and the community outreach efforts. He agrees with the residents that they are probably not sufficient and the Council will try to supply the further resources necessary. City Hall, Anaheim, California - COUNCIL MINUTES - January 15m 1991, 5=30 P.M. that a letter be drafted to the OCTC to be signed by the Mayor urging a rapid resolution to the issue emphasizing the strong support of the Council to have a sound wall built as soon as possible. It was determined at the conclusion of discussion that staff be directed to draft a letter to be signed by the Mayor to send to the Orange County Transportation Commission urging sound wall installation along Romneya immediately. City Attorney White announced that since the following two Public Hearings refer to the same piece of property, that the Public Hearings could be combined but with separate action to be taken on the issues at the end of the Public Hearing. PUBLIC ~RARING - REQUEST FOR EXTENSION OF TIME ON VARIANCE NO. 2194 AND NEGATIVE DECLARATION REQUEST FOR CONDITIONAL USE PERMIT NO. 3361, CATEGORICALLY EXEMPT, CLASS 3: 179: VARIANCE NO. 2194: OWNER: Ethel Myers, 529 Victoria Ave., Venice, CA 90291 AGENT: Ricks Pallet Repair Services, P.O. BOX 4161, Garden Grove, CA 92642. LOCATION/REQUEST: The property is located at 1521 N. Miller Street and is approximately 2 acres located on the west side of Miller Street approximately 563 feet south of the centerline of Orangethorpe Ave. The request is for an extension of time for waiver of maximum fence height to retain outdoor storage of pallets. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2194 Extension of Time GRANTED for 2 years, to expire 8/20/92 (PC90-263) (7 yes votes). Approved Negative Declaration. HEARING SET ON: A letter of appeal was submitted by the owner and public hearing scheduled this date. 179: CONDITIONAL USE PERMIT NO. 3361: OWNER: Michael D. Myers Et Al, 4002 M0rningstar Dr., Huntington Beach, CA 92649 AGENT: Allen R. Loiselle, P.O. Box 4161, Garden Grove, CA 92670. LOCATION/REQUEST: The property is located at 1521 N. Miller Street. Property is approximately 2.0 acres located on the west side of Miller Street and approximately 563 feet south of the centerline of Orangethorpe Ave. The request is to retain a temporary office trailer on the property. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 3, 1991. Mailed to property owners within 300 feet - December 28, 1990. Posting of property January 4, 1991. 37 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1991, 5:30 P.M. Pamela Myers. She clarified for the Mayor that the pallets had been stored on the property since 1984. Part of the property is paved for parking. She reiterated they plan to develop the property with the help of Redevelopment but at this point in time, during a recession, it is not to their best financial interest to proceed at this time and they would also like their tenant to remain on the property. Additional discussion followed with input from staff and a statement by Bruce Freeman, Code Enforcement Officer that there is not sufficient parking on the property. Jim Hammond, 415 Ruby Drive, Placentia. He has gone through the plans. He has also reviewed the parking with the City Traffic Engineer. There is sufficient parking on the asphalt and enough parking for six spaces inside in front of the office and also outside not in the ingress or egress areas. There is room for two more spaces. It was indicated that parking was more than adequate for the employees as long as those spaces were striped. That has not yet been done in order to first learn of the outcome of today's hearing. Council Member Pickler. He wants to be certain staff is satisfied with what the applicant is doing on the property; Bruce Freeman. The problem is that the property is adjacent to the flood control basin and the property should be developed completely. They have no problem at this time if on a temporary basis they use gravel. Jim Hammond. They had a soil test done. There is a compacted road base that goes down 2 feet. Where the oil had gone into the ground, it was only i to 3 inches at the most. If it was completely paved, all the runoff water would go directly to the drainage ditch that dumps directly into the basin. He feels it would be better to have water that is filtered through the gravel and dirt enter the basin rather than water coming straight off the asphalt. Joel Fick, Planning Director. Staff is not opposed to the lot remaining open. There is a problem environmentally if the lot is oiled; however, staff believes this could be granted on a two year basis subject to review if the lot is kept open or graveled but not oiled. Pamela Myers. There is a 2 foot road base on the property but they would be happy to put more gravel on the lot. That would not be a problem. She then asked about the radius curbs. 39 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1991, 5:30 P.M. Council Member Pickler moved to waive the reading full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-14 for adoption granting Conditional Use Permit No. 3361 subject to City Planning Commission Conditions but Amending Conditions No. 3 and 12 providing that reconstruction to accommodate 15 foot radius curb returns be accomplished within a period of two years from the date of the resolution or such further time as may be granted by the City Council and Condition No. 12 that the outdoor storage and parking area shall be paved with asphalt to prevent seepage into the ground within a period of two years or such further time as may be granted by the City Council. Refer to Resolution Book. RESOLUTION NO. 91R-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3361. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-14 duly passed and adopted. 179: PUBLIC wRARING - RECLASSIFICATION NO. 90-91-16 AND NEGATIVE DECLARATION: OWNER: This is a City of Anaheim initiated action. LOCATION: The property is approximately 96 acres generally bounded by La Palma Ave. to the north, the Union Pacific Railroad right-of-way to the east, Cypress Street to the south and Anaheim Blvd. to the west, excluding those properties which front on Anaheim Blvd. or La Palma Ave., and further excluding the area generally bounded by Wilhelmina Street to the north, the Union Pacific Railroad right-of-way to the east, Sycamore Street to the south and Sabina Street to the west. This is a City-initiated reclassification of subject area from the RM-2400 (Residential, Multiple-Family) and PD-C/RM-2400 (Parking District-Commercial/RM-2400) Zones to the RS-5000 (Residential, Single-Family) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-16 GRANTED to RS-5000 (6 yes votes, 1 abstained). Approved Negative Declaration. HEARING SET ON: A letter of appeal on the Planning Commissions decisions was submitted by Farano and Kieviet and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Published by Anaheim Bulletin January 3, 1991 (Amended January 10, 1991) Mailing to property owners within 300 feet - January 9, 1991 Posting of property January 4, 1991 41 City Hallt Anaheim, California - COUNCIL MINUTES - January 15, 1991, 5=30 P.M. are not solved through lower densities. There should be a City-wide plan instead of planning on a neighborhood basis. The decision ought to be made on a basis of legitimate land planning uses rather than on an emotional basis. In concluding, Mr. Farano stated that he would like to see the City Council not act on the matter tonight but consider it as part of an overall problem and undertaking in the City and deal with it as a betterment rather than on a one-shot basis. Mr. Keith Olesen. The proposed reclassification/downzoning is part of a concerted, organized effort - it is called the City's Housing Study. It is not depriving the City of affordable housing but preserving it. The Planning Commission and staff all agreed these houses are salvageable and should be and must be maintained as one of the last remaining affordable housing stocks in the City. Seventy percent of the lots are already developed with one unit per lot, 21% are developed with two units or more or a 91% usage that equals what the zoning action and overlay zone would accomplish. It is maintaining a single family neighborhood where it already exists. He reiterated what brought the proposed action about was the result of the housing study and downzoning was one of the actions to preserve the goals - to preserve and protect the housing stock and remain a quality product, to provide availability and to provide affordability of housing. The first step to accomplish those goals is to take this area called Neighborhood One in the Housing Element and to rezone it RS-5000. That is the action that accomplishes the goals set forth and that is what is being done. Anaheim has 50% rental units or 30,000 units. Santa Ana, larger in population, has 19,000 rental units. The residents are not saying that development should be eliminated or even some of the higher density developments. The important issue is where those housing types are provided. It is pointed out over and over again that inconsistency and incompatible developments create far more problems than they solve. Mr. Farano's contention is that there won't be any rehabilitation done in the area. One need only ask Redevelopment how many hundreds of thousands of dollars each year from Community Block Grant funds are channeled into the central City area. It not only will happen but is happening even now and will continue to happen on an even larger scale. Relative to social problems, it is a fact that the highest crime areas are the highest density areas. In concluding, Mr. Olesen stated what they want to do is continue the effort. The Planning Commission, Planning Department, Community Development Department - every facet of the City identifies the area as a low density, single family, affordable housing area. Ail they want is zoning to do the same thing. 43 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1991, 5=30 P.M. Jacqueline Orzechowski, 1007 W. Broadway. She favors the downzoning. As far as affordable housing, two doors down from her a young couple recently purchased a home and their mortgage is $900 a month which is less than any apartments. She recently obtained her real estate license and she is seeing a trend towards older homes and restoration of those homes. They feel lucky to be living in the subject area. She previously lived in Long Beach in a congested area and have seen the problems attributed to high density apartments. There being no further persons who wished to speak either in favor or opposition, Mayor Hunter closed the public hearing. COUNCIL ACTION= Annika Santalahti, Zoning Administrator. Answering Council Member Ehrle, she explained if the property went to RS-3000, depending on the size of the lot, there could probably be only one more unit in any case. As a condominium with an existing single family, it would be necessary to redevelop the entire property to condominiums. To keep the single family and do a detached condominium does not work under the zoning code at present. It has to be attached and designed together. There is a potential of another code standard or procedure being approved that would allow construction of a second unit on lots. It could be a conditional use permit, an overlay, there might be development standards involved, etc. There may be special standards put into place specifically for that type of situation to ensure quality and maintaining what is there so it is not degraded. After further discussion and questions posed to staff, Council Member Ehrle stated he knows what they are trying to accomplish with the downzoning but he is not sure this is the method. Some of the residences in the area are being rehabilitated in a quality manner whereas other areas are infested with crime and deterioration. He does not know if the solution is to totally eliminate new construction other than single family homes. Mayor Hunter. He favors the downzoning. He referred to the comparison in rental units - 30,000 in Anaheim, 19,000 in Santa Ana. He spoke to the City Manager in Santa Ana and was informed there was a moratorium on apartments, one reason being crime. Overcrowding is an issue that is not going to go away. Before the City started downzoning, it was getting to a point where it was going to be difficult financially to keep up with police and fire services. He believes once the subject area is downzoned to RS-5000 and that is set, people will come in and buy knowing it will remain single family and will also rehabilitate existing residences. This is the last piece on the original plan. Mr. Olesen is right, there is affordable housing and it is in the subject area. What has to be done is to save it and the 45 City Hall, Anaheim, California - COUNCIL MINUTES - January 15. 1991, 5:30 P.M. progress and spirit in these neighborhoods where some have lived 30, 40 and 50 years. He wants this to happen all over Anaheim regardless of the densities. COUNCIL ACTION: Mayor Hunter closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (91R-15) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution 91R-15 for adoption approving Reclassification No. 90-91-16. Refer to Resolution Book. RESOLUTION NO. 91R-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-15 duly passed and adopted. 179: PUBLIC ~ARING - TENTATIVE TRACT MAP NO. 14406 AND NEGATIVE DECLARATION: OWNER: DMP PARTNERSHIP, 1524 Victoria Way, Placentia, CA 92670 AGENT= MASSOUD MONSHIZADEH, 1524 Victoria Way, Placentia, CA 92670. LOCATION/REQUEST: Property is located at 1575 West Katella Avenue and is approximately 2 acres located on the north side of Katella Avenue and approximately 314 feet east of the centerline of Carnelian Street. The request is to establish a 40-unit, RM-2400 (Residential, Multiple-Family) zone condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract No. 14406 DENIED. Approved Negative Declaration. 47 City Hall, Anaheim, California - COUNCIL MINUTES - January 15~ 1991, 5:30 P.M. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3357 AND NEGATIVE DECLARATION: OWNER: CHRIS DAGLAS, 15924 Aurora Crest, Whittier, CA 90605 AGENT: CHANGIZ ZOMOREDIAN, 705 S. Neptune, Anaheim, CA 92804. LOCATION/REQUEST: The property is located at 100 S. Brookhurst Street, Units G and H. Property is approximately 0.41 acre located at the southeast corner of Lincoln Ave. and Brookhurst Street. The request is to permit an auto stereo and auto alarm installation store with waiver of minimum number of parking spaces and minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3357 GRANTED, for nine years (PC90-270) with the conditions that this be only for installation of auto stereo, radio, alarm and telephone; and that if the CUP is to terminate at some time, that the roll-up door be replaced with a normal store front. (6 yes votes, i no vote.) Waiver of code requirement APPROVED. Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Member Pickler and Council Member Daly at the meeting of December 18, 1990 and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Published by Anaheim Bulletin January 3, 1991 Mailing to property owners within 300 feet - January 3, 1991 Posting of property January 4, 1991 PLANNING STAFF INPUT: See staff report to the Planning Commission dated December 3, 1990. APPLICANT'S STATEMENT: Rebecca Zomoredian. With reference to the elevation drawing which was discussed at the Planning Commission Hearing, the bottom front portion will also be painted brick so that the bottom glass will not be glass but solid and it will look the same as the other units. They have been in business for 9 years. She and her husband are both Anaheim residents. The conditional use permit is very important to them. They have tried to move their store but have been unable to secure a long-term lease. They also used to rent garage space across the street. They have been doing installations in the parking lot which is illegal. There have been no code enforcement problems. They feel the subject proposal is the best solution to their problem and have the support of all businesses in the shopping center. In answer to questions posed by Council Member Pickler, she explained that they have been at the location for 5 years and make three or four installations a day. They try to schedule their work by appointment. They have two installers. She also confirmed that if the business moves, the front would have to be restored to what it was before. 49 City Hall, Anaheimr California - COUNCIL MINUTES - January 15, 1991, 5:30 P.M. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1215 AND NEGATIVE DECLARATION: OWNER: KENNEY GOLF ENTERPRISES INC., 1486 Enderby Way, Sunnyvale, CA 94087. LOCATION/REQUEST: The property is located at 3200 Carpenter Avenue and is approximately 5.89 acres located on the south side of Carpenter Ave., approximately 55-feet east of the centerline of Shepard Street. The request is to permit a 9,804 square-foot addition to an existing clubhouse for an additional arcade and snack bar area. ACTION TAKEN BY THE PLANNING COMMISSION: The City Planning Commission recommended the City Council set this item for public hearing due to revised plans. Approved Negative Declaration. Informational item at the meeting of December 18, 1990, Item B7. PUBLIC NOTICE REQUIREMENTS MET BY: Published by Anaheim Bulletin January 3, 1991 Mailing to property owners within 300 feet - January 3, 1991 Posting of property January 4, 1991 PLANNING STAFF INPUT: See staff report to the Planning Commission dated December 3, 1990. Mayor Hunter stated that the staff report recommends approval of the action. He asked if anyone was present in opposition; there was no response. Mr. Fred Kenney, Owner, Kenney Golf Enterprises (Camelot). He referred to the condition imposed requiring uniformed security guards in the parking lot during the hours of operation on weekends and holidays (Condition ~4 in the excerpt from the minutes of the Planning Commission meeting of December 3, 1990). For the past ten years they have had security guards on Friday and Saturday nights and Sunday nights off and on. They would like to have that condition amended to say Friday and Saturday nights and, if needed, holidays and Sundays. Their long experience is that when people have to work the next day, Camelot is not that busy the night before and there is no loitering problem in the parking lots. Joel Fick, Planning Director. He has just spoken with Bruce Freeman in Code Enforcement. The Planning Department has not experienced code enforcement difficulties. Mr. Freeman indicated that the Police Department on occassion does get calls for service because of the numerous people that frequent the site or drive by the site. Perhaps that was some of the background involved. Mr. Fred Kenney. For the past ten years on Sunday nights it has not been necessary to have security guards. Council Member Pickler. He asked if it were found to be necessary to have security guards on Sunday nights due to police calls, would the applicant be willing to stipulate to same; Mr. Kenney answered yes. 51 City Ha11~ Anaheim~ California - COUNCIL MINUTES - January 15~ 1991~ 5=30 P.M. Petitioner requests approval of Development Agreement. ACTION TAKEN BY THE PLANNING COMMISSION= Reclassification No. 90-91-17 GRANTED (PC90-275) (7 yes votes). CUP NO. 3356 GRANTED (PC90-276) adding condition pertaining to child care facilities being provided, ae required in the Development Agreement. APPROVED waiver of code requirement (minimum number of parking spaces. Recommended approval of Development Agreement No. 90-02 (PC90-277). Recommended Certification of EIR NO. 304 and adoption of Statement of Overriding Considerations and Mitigation Monitoring Program. This matter was set for a public hearing before the City Council on this date. PUBLIC NOTICE REQUIREMENTS MET Published by Anaheim Bulletin January 3, 1991 Mailing to property owners within 300 feet - December 27, 1990 Posting of property January 4, 1991 PLANNING STAFF INPUT= See staff report to the Planning Commission dated December 17, 1990 (45 pages). Joel Fick, Planning Director. He is pleased to bring before the Council another high quality project proposed for the Platinum Triangle area of the City. He then briefed the subject project as outlined in the staff report. He also gave some of the highlights of the development agreement which is in addition to the numerous conditions that have been imposed on the project. The development agreement also secures for the City an additional $1.05 per gross square foot of building area as adjusted in accordance with the Engineering News Record Construction Cost Index which brings the City nearly $600,000 it provides for advanced dedication of State College and Katella Avenue that would not otherwise be secured, the provision for child care when a 300,000 square foot plateau is reached and $50,000 dollars for Art in Public Places program. The term of the agreement is six years with the first phase to commence within three years with a one-year option to extend the agreement. There are two areas of conditionB that have come up since the Planning Commission Hearing. The first relates to amendment of conditions related to street improvements adjacent to the Katella/State College frontage. Since the project will be phased, staff is proposing at the request of Rockefeller that the condition be structured so that the improvements can be done concurrent with the street widening. Amended condition language has been submitted to accommodate that. The second relates to child care. The development agreement does have a provision that is beyond code requirements to provide child care for the life of the agreement. Rockefeller has requested that until there is a City ordinance addressing child care, that the development agreement handle this provision. Staff believes that provides an additional benefit to the City and if there is a City-wide ordinance beyond that which addresses child care, that would carry on into the future. There are other wrap-around conditions that clean up the language associated with both of those topics. Staff is recommending approval with those conditions (see, Staff Recommended Amendments to Conditions of Approval - Conditional Use Permit No. 3356 - made a part of the record). 53 City Hall, Anaheim, California - COUNCIL MINUTES - January 15. 1991. 5:30 P.M. Council Member Daly. In additions to his questions regarding landscaping for the project, he commented looking down the road at the busy Amtrak train line, asked how the back side of the hotel will be buffered from the railroad line. Mr. Hatch explained that primarily there is just a landscape buffer between parking and the railroad track. They have done noise studies and that is included in the EIR in order to take care of the noise transmission against the rooms that do face the Amtrak line. The construction of the hotel will be done in accordance with code requirements to minimize the transmission of sound but they do not plan any solid sound barriers. The noisy trains are the freight trains and they do not anticipate a serious problem in that regard. They are aware of the fact that there is going to be more Amtrak activity and additional lines. It is one of the reasons they are very interested in the property. It will be an important feature for properties in the stadium area. PUBLIC DISCUSSION IN FAVOR: None. PUBLIC DISCUSSION IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the Public Hearing. Before actions were taken, Mayor Hunter asked if there was anything else that needed to be added relative to the proposed action. Joel Fick, Planning Director. The only additional item he would add, since the Commission meeting, there is a brand new requirement the Council will be hearing more about that just went into effect this month relating to payment for Fish and Game mitigation fees. There is provision that allows the City to exempt projects that do not have an impact on their services and staff will be filing that impact in conjunction with the environmental finding as well. ENVIRONMENT IMPACT REPORT NO. 304 - CERTIFICATION: Pursuant to the California Environment Quality Act (CEQA) guidelines and having considered Environmental Impact Report No. 304 for the Proposed Central Park Towers project and having reviewed evidence presented both written and oral to supplement draft EIR No. 304, the City Council acting upon such information and belief does hereby certify on motion by Council Member Hunter, seconded by Council Member Pickler that Environmental Impact Report No. 304 is in compliance with the California Environmental Quality Act and the State and City CEQA guidelines and adopting a statement of overriding considerations as well as the mitigation monitoring program identified by the City Planning Commission. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (91R-18 and 91R-19) Council Member Hunter moved to waive reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. 55