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1990/07/24City Hall, Anaheim, California - COUNCIL MINUTES - July 24, 1990, 5:30 P.M~ The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PRESENT: CITY MANAGER: CITY ATTORNEY: CITY CLERK: ZONING ADMINISTRATOR: RECREATION SUPERINTENDENT: EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: ADMINISTRATIVE SERVICES DIRECTOR: PLANNING DIRECTOR: Joel Fick SENIOR REAL PROPERTY AGENT: Richard Santo Daly, Ehrle, Kaywood, Pickler, Hunter None James Ruth Jack White Leonora N. Sohl Annika Santalahti Mark Doyen Lisa Stipkovich Ron Rothschild A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:30 p.m. on July 20, 1990 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: mo 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. bo To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. do 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. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). fo To consider and take possible action upon 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. 771 City Hall, Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5:30 P.M. AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:38 p.m.) INVOCATION; Pastor Jensen, Trinity United Methodist Church, gave the invocation. FLAG SALUTE; Councilman Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119, DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and presented to Richard Gold, Executive Director, congratulating Anaheim General Hospital on their 25th anniversary in the City of Anaheim and commending them for the service they provide to the Anaheim community. 119. PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: National Night Out in Anaheim, August 7, 1990. Police Chief Molloy, representatives of the Police Department and special guest crimefighter McGruff accepted the Proclamation. 119. PRESENTATION NATIONAL TOWN WATCH ASSOCIATION AWARDS: Police Chief Molloy presented three National Town Watch Association awards/plaques to the City of Anaheim for National Night Out 1989. One award singled out Debbie Moore, now of the Anaheim Community Services Division (Parks and Recreation), for the outstanding role she played in making the program such a success. Mayor Hunter and Council Members expressed their appreciation and commended all those involved in the City being selected for such prestigious awards. 119, PROCLAMATION; The following proclamation was issued by Mayor Hunter and authorized by the City Council: WESCON Week in Anaheim, November 12-15, 1990. Bill Murray accepted the Proclamation. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,140,749.30 for the week ending July 20, 1990, in accordance with the 1990-91 budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter, seconded by Councilman Daly, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council 772 City Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5;30 Member and as listed on the Consent Calendar. Councilman Hunter offered Resolution Nos. 90R-269 through 90R-278, both inclusive, for adoption; Ordinance Nos. 5153 for adoption and Ordinance No. 5157 for first reading. Refer to Resolution/Ordinance Books. Al. 118: The following claims were filed against the City and action taken as recommended. a. Claim submitted by Gelsamina Barton for property damage sustained purportedly due to actions of the City on or about December 14, 1989. b. Claim submitted by Anaheim Car Wash for property damage sustained purportedly due to actions of the City on or about March 1, 1990. c. Claim submitted by Rodney and Jan Estle for indemnity sustained purportedly due to actions of the City on or about February 21, 1990. d. Claim submitted by Rosalyn A. Franks for personal injury sustained purportedly due to actions of the City on or about October 20, 1989 through April 20, 1990. e. Claim submitted by Menachem M. Duchman for bodily injury sustained purportedly due to actions of the City on or about March 14, 1990. f. Claim submitted by Rudolph C. Hassenstein, Jr. for property damage sustained purportedly due to actions of the City on or about 3anuary 2, 1990. g. Claim submitted by Farmers Insurance Group, Gilbert Carrasco, Insured, for property damage sustained purportedly due to actions of the City on or about February 14, 1990. h. Claim submitted by Michael Brian Slye for property damage sustained purportedly due to actions of the City on or about May 18, 1990. i. Claim submitted by Jose, Jose Alberto, Monica Adriana, Bianca Isabel, Annette and Joanna Soto, minors, by and through their Guardian ad Litem, Jose Soto for bodily injuries sustained purportedly due to actions of the City on or about January 12, 1990. j. Claim submitted by David J. Forts for bodily injury sustained purportedly due to actions of the City on or about January 22, 1990. k. Claim submitted by Glenn E. Archer for bodily injury sustained purportedly due to actions of the City on or about January 27, 1990. 1. Claim submitted by International Title Exposition for property damage sustained purportedly due to actions of the City on or about December 25, 1989 through June 11, 1990. 773 City Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990. 5:30 P,M. m. Claim submitted by Tracy Lee Schaad for bodily injury sustained purportedly due to actions of the City on or about April 29, 1990. n. Claim submitted by Kamal Fathi Abu-Shawish for bodily injury sustained purportedly due to actions of the City on or about December 31, 1989. o. Claim submitted by Audrey Godfrey for property damage sustained purportedly due to actions of the City on or about May 17, 1990. p. Claim submitted by Michael Roth for bodily injury sustained purportedly due to actions of the City on or about March 29, 1990. q. Claim submitted by Enache Popp for bodily injury sustained purportedly due to actions of the City on or about April 7, 1990. r. Claim submitted by Mary C. Halsaver for bodily injury sustained purportedly due to actions of the City on or about January 4, 1990. s. Claim submitted by Sentry Insurance Company for indemnity sustained purportedly due to actions of the City on or about August 3, 1989. t. Claim submitted by Oscar Yanez, Jr. for bodily injury sustained purportedly due to actions of the City on or about July 2, 1989. u. Claim submitted by Rodrigo Yanez for bodily injury sustained purportedly due to actions of the City on or about July 2, 1989. v. Claim submitted by Rosalyn Franks for personal injury sustained purportedly due to actions of the City on or about prior to October 20, 1989. A2. 105. Receiving and filing minutes of the Senior Citizens Commission meeting held June 14, 1990. 105. Receiving and filing minutes of the Community Services Board meeting held June 14, 1990. 105. Receiving and filing minutes of the Community Redevelopment Commission meeting held June 27, 1990. A3. 158. Authorizin& payment of $379,850 to Stephen Glko pursuant to agreement on file for modifications to his building located at 312 North Anaheim Boulevard. A4. 158. RESOLUTION NO, 90R-269; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GRANT OF AN EASEMENT FOR SEWER LINE PURPOSES ACROSS CITY PROPERTY. A5. 170. Confirming the Planning Commission's action in denying the extension of time for Tentative Tract No. 11780, located south of Santa Aha 774 City Ha%l, Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5:30 P,M, Canyon Road and west of Fairmont Boulevard, and refunding the applicant's fee of $160. Mr. Steven Wambaugh. He is representing Mr. Bortis, the owner. Two weeks ago they wanted to start grading the property but found out that they did not have a map. The extension was denied and they had only 15 days to recall the decision of the Zoning and Building Department. They did not receive any letter from the City stating that the map was denied. They spoke to the City Attorney. They have only 60 days to make a decision. They asked to speak to the City Council to decide if they are entitled to have the map extended or not. He gave the history of the situation regarding the project. Everything took time and the map expired. They paid the renewal and because they did not receive notification that the map was denied they assumed everything was okay. They hired a contractor to start grading and when they did so found that the map was not approved. They have spent $20,000 in architectural fees. They have respected all the requirements. But after two years of hard work and money spent they are ready to start the project and are now asking the Council to reconsider the decision of the Building Department and give them an extension for the map so they can proceed. Couincilman Pickler asked how long it would take to re-process the set of plans they are talking about. Joel Fick, Planing Director. Relative to the tentative tract map, since it is a re-submission of the previous tract map, the review process is rapid. Within a two month period, it could be back for a hearing. It is important for Council to know that under the State Subdivision Map Act, the City cannot breathe life back into the tract map because it has expired. The applicant has paid the $160 and staff is recommending that be returned. In approving the consent calendar items, the Council did not take any action contrary to staff's recommendation thus confirming the Planning Commission's action in denying the extension of time of Tentative Tract 11780. A6, 131/152: RESOLUTION NO. 90R-270: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS - CITY ENGINEER TO EXECUTE APPLICATIONS FOR FUNDING UNDER S.B. 300 FOR HIGHWAY IMPROVEMENT PROJECTS. AT. 123/160: Accepting a letter request from American Transformer Corporation dated May 11, 1990, requestin~ cancellation of an a~reement entered into as a result of Bid #4767 for the sale of surplus transformers; and authorizing the Purchasing Agent to sell surplus transformers to City Paper and Metal Company in the amount of $16,100. AS. 128.123: Authorizing the Finance Director to execute the Municipal Lease and Option to Purchase Agreement, with all attachments thereto, and the preliminary official statement, with the low bidder, M. L. Stern & Co., Inc., (Chelsea Capital Corporation) to finance a Citywide telephone system and radio equipment. 775 City Hall. Anaheim. California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M. A9. 123: Approving an agreement with Coors Distributing Company, to become a $1,000 sponsor of the 1990 Corporate Challenge, scheduled September 7-22, 1990. Councilman Pickler. He has a problem with any park advertising any liquor. He feels the City should back away from the agreement which will give the City a $1,000 contribution. In talking to the Parks and Recreation Director Chris Jarvi, Mr. Jarvi feels it is an issue the Council should discuss since it is a policy decision. He (Pickler) would like to see the request denied and that they proceed with the Corporate Challenge without advertising beer in City parks. City Manager James Ruth. Coors has been a sponsor in the past but this year indicated they wanted some advertising to be on flyers, brochures and maybe banners at the events. It is a matter of Council policy direction. Councilman Pickler. He would like to remove this item from the consent calendar and reschedule it for August 14, 1990. Mark Deven, Recreation Superintendent. The banners, brochures and promotional information are in process at this time. If delayed, it would require them to remove anyone not able to be sponsored. Relative to the banners, they could negotiate changes so that they will only be at the venues not held in City parks such as bowling and racquetball which are private establishments. Councilman Pickler asked if they needed the $1,000 to make the event go; Mr. Deven explained that every little bit helps. They are trying to build a productive private/public partnership with their corporate residents. Coors has been a major sponsor for the last two Corporate Challenges and they would like to keep that type of relationship productive with everyone as much as possible the $1,000 is the largest single sponsor. Councilwoman Kaywood. She feels if there was going to be a permanent banner or the like in the park, it is a bad message. She recommended that something be worked out with Coors as suggested. In approving the consent calendar items, the Council did not take any action contrary to staff's recommendation thus approving the agreement with Coors Distributing Company, on which Councilman Pickler voted no. Al0. 123: Approving an agreement with Universal Protection Service in the amount of $11,686 for security guard services for the Parks, Recreation & Community Services Department's Anaheim Senior Citizens Center and the George Washington Community Center, and authorizing the Mayor and City Clerk to execute said agreement. Ail. 123: Approving an Orange County Water District (OCWD) Well Construction Program Agreement for Well No. 47. OCWD will offer funds at a reduced fixed rate (3.5%) with a repayment period of 15 years paid on a bi-annual basis. 776 City Ha~, Anaheim. California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M. Al2. 175, RESOLUTION NO, 90R-271; A RESOLUTION OF THE CITY COUNGIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 89R-392. Al3. 123: Approving a Juvenile Court Work Program agreement with the County of Orange Probation Department to provide the City with work crews at the cost of $275 per work crew per day for the use of minors to perform unskilled work consisting of weed abatement and grounds clean-up. Al4. 123: Approving a Fourth Amendment to Agreement with Schema Systems, Inc., in an amount not to exceed $70,000 annually for consultant services in connection with the Police Automated Systems Development. Al5. 123: Approving an agreement with Graffiti Removal, Inc., in an amount not to exceed $144,000 in the Fiscal Year 1990/91 for graffiti removal services. Al6. 123: Approving a Fifth Amendment to Agreement with Martin Luther Hospital, in the amount of $7,008 ($3 per employee) for Employee Assistance Program Services (REACH) to provide a drug-free work place education and training program to all City employees; and authorizing the Human Resources Director to sign the agreement on behalf of the City. Al7. 123: Approving a grant agreement with the California State Department of Education in the amount of $73,152 for the period July 1, 1990 to June 30, 1991 to provide funds for the 8%-50% JTPA/GAIN program, and authorizing the City Manager to execute said agreement and any modifications thereof. 123: Approving the recommendation from the Anaheim Private Industry Council to allocate $60,561 to the North Orange County Community College District (NOCCCD) to provide educational services to Anaheim GAIN clients, and authorizing the JTP Manager to execute the necessary agreement and any modifications thereto. 106/153: Approving an increase in revenue appropriations from the California Department of Education and in expenditures for the delivery of these services in the amount of $11,974. Councilman £hrle declared a potential conflict and abstained from voting on the aforementioned three motions under item Al7. Al8. 123: Waiving Council Policy No. 401 and approving a contract with LeRoy Crandall and Associates to provide geotechnical investigation services for the Anaheim Arena in an amount not to exceed $15,500. Al9. 101/135/142; ORDINANCE NO 5153 (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO CITY DEPARTMENTS. (This ordinance will change the name of the Stadium Department to the Stadium and Golf Department.) 777 City Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5;30 A20. 104, RESOLUTION NO. 90R-272: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1985-1 FOR THE CONTRACT YEAR JULY 1, 1990 TO JUNE 30, 1991 FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT NOS. 1647, 3278 AND 3301 $32.56.) A21 104. RESOLUTION NO, 90R-273; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1984-1 FOR THE CONTRACT YEAR JULY 1, 1990 TO JUNE 30, 1991 FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. ($19.72, TRACT NOS. 1453, 1401, 1400, 1375, 335 AND 217) A22, 104. RESOLUTION NO, 90R-274; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-6 FOR THE CONTRACT YEAR JULY 1, 1990 TO JUNE 30, 1991 FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. ($34.13, TRACT NOS. 2228 AND 2705) A23. 104. RESOLUTION NO. 90R-275: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-5 FOR THE CONTRACT YEAR JULY 1, 1990 TO JUNE 30, 1991 FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. ($26.32, TRACT NO. 2090) A24, 104, RESOLUTION NO, 90R-276; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF L~ND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-7 FOR THE CONTRACT YEAR JULY 1, 1990 TO JUNE 30, 1991 FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. ($39.35, TRACT 2875) A25. 104. RESOLUTION NO. 90R-277; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-4 FOR THE CONTRACT YEAR JULY 1, 1990 TO JUNE 30, 1991 FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. ($22.32, TRACT 1392) A26. 170/123: Approving the Final Map of Tract No. 12689 and the Subdivision Agreement with Presley of Southern California, and authorizing the Mayor and City Clerk to execute said agreement. Tract No. 12689 is bounded on the north by the East Hills Planned Community, on the east by the The Highlands Tract 12690, on the south by the The Highlands at Anaheim Hills Specific Plan Development Area 2 and on the west by Deer Canyon, and is in connection with Specific Plan 87-1 (The Highlands at Anaheim Hills Development Area 1) Zone. A27, 175, RESOLUTION NO, 90R-278: RESOLUTION AMENDING RESOLUTION NO. 90R-238 TO CHANGE DATE FOR RECEIVING BIDS FOR WATER REVENUE BONDS, 1990 SERIES. 778 City Hall, Anaheim. Cal$$ornta - COUNCIL MINUTES - July 24, 1990, 5;30 P,M, A28. 175.123: Approving an agreement with Mudge Rose Guthrie Alexander & Ferdon and Rourke & Woodruff to provide legal services in connection with electric and water system financings ($9,000,000 1990 Series Water System Revenue Bonds). A29. 179/149/142, ORDINANCE NO, 5157 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .0123 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Limiting tandem parking in multiple-family dwelling projects.) Councilwoman Kaywood noted that the July 13, 1990 staff report from the City Attorney indicated this would exempt projects which were already in plan check. She wanted to know how many projects that involved and where they were located. Paul Singer, Traffic Engineer. He does not have that information at this time but could provide it at the next Council meeting. Councilwoman Kaywood. She is concerned that there will be many "sliding" through with a lot of tandem parking. Paul Singer. One was approved today and whatever is now in process would be the only projects. Anything else that comes before the Council can be acted upon. City Attorney White. If a Council Member introduces the ordinance tonight, then at the next scheduled meeting on August 14, 1990, that report would be ready and if the Council had a problem, the ordinance could be modified at that time and be re-introduced prior to being voted on. The ordinance was given first reading as recommended by staff. A30.123. Approving a Second Amendment to Attorney Services Agreement with the law firm of Cotkin, Collins, and Franscell, and authorizing the City Attorney to sign said second amendment on behalf of the City. WAIVER OF READING - RESOLUTIONS AND ORDINANCE: The titles of the following resolutions and ordinance were read by the City Manager. (Resolution Nos. 90R-269 through 90R-278, both inclusive and Ordinance No. 5153.) Councilman Hunter moved to waive the reading in full of the resolutions and ordinance. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution Nos. 90R-269 through 90R-278, both inclusive, for adoption and Ordinance No. 5153 for adoption. 779 City Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5;30 P,M, Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-269 through 90R-278, both inclusive duly passed and adopted and Ordinance No. 5153 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Member Pickler voted no on item A9. Council Member Ehrle abstained on item Al7. 151. ENCROACHMENT PERMIT - WOODCREST DEVELOPMENT; City Attorney White explained that the subject item arose after the agenda was posted and thus it is necessary to waive the 72 hour posting provision of the Brown Act by a four fifths vote in order to take action which is required before the next Council meeting. MOTION; Councilman Pickler moved to waive the 72 hour posting provision of the Brown Act. Councilwoman Kaywood seconded the motion. MOTION CARRIED. MOTION; Councilman Pickler moved to approve the Encroachment License between the City of Anaheim and Woodcrest Development of Orange County, Inc. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 161.123, REDEVELOPMENT SLIDE PRESENTATION; Lisa Stipkovich, Executive Director of Community Development then introduced a slide presentation which was produced by the public relations firm hired by the Agency. The presentation contains an historical overview of Redevelopment Anaheim up to the present showing the past accomplishments and current projects in the downtown Project Alpha area as well as the northeast industrial area. The presentation will also be available as a video tape and the Council will be provided with copies. The approximate 20 minute presentation then followed. A31. 155. ECONOMIC DEVELOPMENT STRATEGIC PLAN; Adopting the proposed strategic plan for economic development for the City of Anaheim. Submitted was report dated July 17, 1990 from the Administrative Services Director, Ron Rothschild. Also submitted was the final draft of the plan - A Strategic Plan For Economic Development - City of Anaheim - April 19, 1990. Mr. Ron Rothschild, Administrative Services Director explained last year that the City commissioned an economic development situational analysis which was formed by the Robert Charles Loesser Company. "The primary objective of the study was to assess the current economic status of Anaheim in relation to the rest of the greater Los Angeles metropolitan area." Mr. Rothschild then gave an extensive presentation supplemented by slides which briefed his report as well as the strategic plan, the three primary operational goals of which relate to major development areas: jobs, business activity and revenue base giving the goals, strategies and impacts of each. 780 City Hall, Anaheim, California - COUNCIL MINUTES - July 24, 1990. 5:30 P,M, In concluding he stated that the plan not only includes additional actions but also identifies the parties responsible for implementing those actions. They have also incorporated letters from both the Private Industry Council and the Anaheim Chamber of Commerce who endorse the plan. He noted that members of the task force who helped put the plan together were also present as well as A1 McCord, the City's Economic Development Manager. Mayor Hunter. He thanked and commended Mr. Rothschild and A1 McCord as well as everyone involved in putting the plan together. With such a plan in place, it will make Anaheim a better City economically. Councilman Daly. There are many meaningful projects contained in the plan. The Chamber of Commerce letter to the City Manager supports the plan but it also brings up the point of the Economic Development Board. The Chamber is recommending the appointment of a special task force to address the economic development area, "...and formulate recommendations for a more effective organizational structure. In our opinion, the successful implementation of a sound strategic plan must start with a results-oriented organization." He asked the City Manager to be sure to follow up on that and find out in detail what the Chamber has in mind as an alternate structure. Ron Rothschild. The City's Economic Development Office does interact with the Chamber on a continuing basis and they will follow up on that point. Councilman Pickler. He referred to the letter received from the Private Industry Council (PIC) dated July 12, 1990 recommending a jointly sponsored PIC and Economic Development Board. Councilman Ehrle. He also thanked Messrs. Rothschild and McCord. The Economic Development Board which started a couple of years ago has been on a "leave of absence" while the subject study has been taking place. It is about time to rejuvenate it. They now have a great plan and directional map to go by and it is time to implement it. MOTION; Councilman Hunter moved to adopt the proposed strategic plan for economic development for the City of Anaheim as presented. Councilman Pickler seconded the motion. MOTION CARRIED. A32. 105: PLANNING COMMISSION/APPOINTMENT-REAPPOINTMENT FOR THE TERM EXPIRING JUNE 30, 1994 (MCBURNEY); Nominations were opened. Mayor Hunter nominated Bob Zemel; Councilman Ehrle nominated Chuck McBurney; Councilman Daly nominated Robert Henninger. MOTION: Councilwoman Kaywood moved to close nominations since there were no further nominees. Councilman Hunter seconded the motion. MOTION CARRIED. Mayor Hunter then asked for a roll call vote on the nominees in the order of their nomination. 781 City HAL1, Anaheim, California - COUNCIL MINUTES - July 24, 1990, 5;30 P,M. Robert Zemel - AYES: Ehrle, Hunter. NOES: Daly, Kaywood, Pickler. Chuck McBurney - AYES: Ehrle, Hunter. NOES: Daly, Pickler. ABSTAINED: Kaywood. Robert Henntnger AYES: Daly, Kaywood, Pickler. NOES: Ehrle, Hunter. Robert Henninger was thereupon appointed to the City Planning Commission for the term ending June 30, 1994. Mayor Hunter. He asked the City Attorney if there is a conflict of interest with Mr. Henninger having been appointed to the Planning Commission. He is a developer and the Director of the Building Industry Association (BIA) of Riverside County. City Attorney White. He does not have any specifics on Mr. Henntnger's position. It is his opinion it would not be an absolute conflict for Mr. Henninger to serve. There may be projects that come before the Planning Commission where if he has a financial interest or his source of income would be affected by his decisions on the Planning Commission, that he may be required to abstain from participation. Simply being in a position of employment with the building industry does not constitute per se absolute conflict which would disqualify him or anyone else. Councilman Daly. He feels it appropriate to outline some of Mr. Henninger's background. He is a 12 year resident of Anaheim, a former member of the Anaheim City Planning staff, has a Master's Degree in Urban Planning from Cal Poly, past president and board of directors of the American Planning Association, past charter member of the American Institute of Certified Planners, etc. He is a very qualified individual. He is hoping that it is not being suggested that someone's employment should prevent them from serving a voluntary position with the City. Councilman Ehrle. As Councilwoman Kaywood has said many times as well as Councilman Pickler, Mr. McBurney has served many years and has expertise on the Planning Commission. A new Planning Commissioner was also just appointed which he fully endorses. There will now be two brand new people on the Commission even though Mr. Henninger has years of experience as a developer and probably a good understanding of zoning and land uses. Mr. McBurney had sat on the Planning Commission with distinction and deserves the recognition of being reappointed. Councilman Daly stated he regrets that politics and emotion is injected into the discussion on people's merits. Mr. McBurney had been on the Planning Commission for nine years and it was just a year ago that Councilman Ehrle joined in voting to remove him from the Commission. He feels there is a lot of talent in the City and one of the reasons he (Daly) ran for office was to bring some of that talent to City Hall. The Planning Commission is not a Supreme Court appointment. Nine years is a long time to serve and it is by no means a commentary on the quality of service provided by Mr. McBurney who had 782 City Hall, Anaheim, California - COUNCIL MINUTES July 24. 1990. 5:30 P.M. done an outstanding Job. He hopes to keep him involved in City government in new ways. There was further discussion and debate among Council Members relative to the appointment wherein Mayor Hunter reiterated he firmly disagrees with the appointment and personally feels it is a conflict of interest. A33, 179, PUBLIC HEARING - APPEAL OF THE MORATORIUM ORDINANCE (ORDINANCE NO, 5141) WITH REGARD TO PREFILE NO, 19; REQUESTED BY: Douglas G. Carnahan, Attorney for Amrit Patel Suite 840, Union Bank Building Del Amo Financial Center 21515 Hawthorne Boulevard Torrance, California 90503-6542 LOCATION/REQUEST: The location is 1212 South West Street - Flamingo Suites. The request is for an exemption from the provisions of Ordinance No. 5141 which extended and amended Ordinance No. 5126 which prohibits certain uses of property which may be in conflict with a zoning proposal the City Council is considering or studying. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 14, 1990 City Clerk Sohl announced that the petitioner, Mr. Patel, has withdrawn his appeal and, therefore, it is no longer necessary. Mayor Hunter asked if anyone was present who wished to speak; there was no response. The public hearing was closed. MOTION: Councilwoman Kaywood moved to accept the withdrawal of the appeal on the Moratorium Ordinance submitted by Amrit Patel. Councilman Pickler seconded the motion. MOTION CARRIED. A34, 173, SUPPORTING ROUTE 57 EXTENSION AS AN AB 680 PRIVATIZATION TRANSPORTATION PROJECT: Submitted was report from the Public Works/Engineering Department recommending adoption of the proposed resolution. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-279) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-279 for adoption, supporting the Route 57 extension as an AB 680 Privatization Transportation Project. Refer to Resolution Book. RESOLUTION NO. 90R-279; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM IN SUPPORT OF THE ROUTE 57 EXTENSION USING THE SANTA ANA RIVER FLOOD CONTROL CHANNEL. 783 City Hall, Anaheim. Ca~i~ornSa - COUNCIL MINUTES - July ~4, 1990. 5:30 P,M, Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-279 duly passed and adopted. 179, PUBLIC HEARING WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3277 AND NEGATIVE DECLARATION; OWNER: Arciero Offices, A California Partnership 950 North Tustin Avenue Anaheim, California 92807 LOCATION/REQUEST: The property is located at 970 North Tustin Avenue and is approximately 2.8 acres on the east side of Tustin Avenue approximately 498 feet and further described as 970 North Tustin Avenue. The request is to permit industrially related office uses in an existing industrial building with waivers of (a) minimum distance between freestanding signs - GRANTED, (b) maximum number of freestanding signs - GRANTED, (c) signs in parking/landscape area - GRANTED, and (d) permitted type of sign - GRANTED, IN PART. ACTION TAKEN BY THE PLANNING COMMISSION; Conditional Use Permit No. 3277 GRANTED, IN PART, (PC90-132) (5 yes votes, 2 absent). Waivers of: (a) minimum distance between freestanding signs - GRANTED; (b) maximum number of freestanding signs GRANTED; (C) signs in parking/landscape area - GRANTED, and (d) permitted type of sign - GRANTED, IN PART, with restriction for marquee sign to only display time and temperature, and no changeable copy. Approved Negative Declaration. HEARING SET ON: A letter of appeal was submitted by the Bergland Company and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 13, 1990. Mailing to property owners within 300 feet - July 11, 1990. Posting of property July 13, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated June 4, 1990. City Clerk Sohl announced that a request for continuance had been received from Peggy Boland dated July 17, 1990 asking that the public hearing be continued to Tuesday, August 21, 1990. Mayor Hunter asked if anyone was present to speak to the issue; there was no response. 78~ City Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990. 5:30 P,M, MOTION; Councilman Hunter moved to continue the subject public hearing to Tuesday, August 21, 1990 at 6:00 p.m. Councilman Pickler seconded the motion. MOTION CARRIED. 179, CONTINUED PUBLIC HEARING - VARIANCE NO, 4051, CATEGORICALLY EXEMPT, CLASS 15: OWNER: Pierco Development 14771 Plaza Drive, Suite A Tustin, California 92680 LOCATION/REQUEST: The property is located at 712, 718, 724 and 728 West Romneya Drive. The request is for waivers of (a) minimum building site width and (b) minimum side yard setback to establish a 4-lot subdivision of a 16-unit apartment complex (under construction). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4051 APPROVED (ZA90-29) modified Condition Nos. 2 and 10. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilman Daly and Councilman Hunter at the meeting of June 19, 1990 and public hearing scheduled July 17, 1990 and continued to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 5, 1990 Posting of property July 9, 1990 Mailing to property owners within 300 feet - July 5, 1990 PLANNING STAFF INPUT: See staff report to the Zoning Administrator dated May 31, 1990. APPLICANT'S STATEMENT: Phillip Schwartze, Agent. He first submitted a letter to the Council indicating Mr. Pierce is making a $2,000,000 investment on the project and that it is 30 to 35 years newer than anything in the area. He did take down old structures to build these new facilities. The variance will simply assist him in financing the project. With regard to the maintenance issue, he passed to the Council a letter that the owner would be pleased to have an additional condition or a covenant or both, applied to the property for maintenance purposes. The request is simple, that the Council approve the variance, the sideyard setback, which involves only several inches. If Council would be so inclined they could place a condition, or a covenant could be worked out by staff or the City Attorney for the property owner to maintain the property in a manner which is aesthetically pleasing and to the satisfaction of the Planning Director and/or his designee. The covenant would run with the land. Mayor Hunter asked the City Attorney if he had read the document and if it was legally feasible to do what Mr. Schwartze is suggesting. 785 City Hall. Anaheim, California - COUNCIL MINUTES - July 24, 1990. 5:30 P,M, City Attorney White. It would be possible to have a covenant recorded against the property and run with the land. The difficulty is drafting it in a way that it is going to be enforceable. He does not know if the Planning Director wants to be in a position to determine if something is aesthetically pleasing. He cannot give any assurance a covenant would necessarily be either enforceable or enforced in a manner that would necessarily be pleasing to all five members of the Council at one time. If the Council were to approve the request with a condition that a maintenance covenant be worked out with language approved by the Planning Director and City Attorney they could, with Mr. Schwartze, fashion some language that would be more acceptable and definitive as far as what the standard of maintenance would be and provide guidance to the property owner as well. He would suggest that he and Mr. Fick review and actually develop language along with Mr. Schwartze that would be acceptable to staff and that would be ultimately recorded as a covenant. It would not have to come back to the Council but staff would accomplish language with the result the Council intends. Mr. Schwartze stated that would be acceptable. Councilman Ehrle. He has problems with the request. He has spoken with Mr. Schwartze. The facilities are built and they are very nice. However, if this is for financial benefit to the developer, he is not sure it is the Council's position to assure that benefit. He is philosophically opposed. Mayor Hunter asked if anyone wished to speak. Eltna Reuter, 1209 Ralston. She reiterated the concern she brought forth last week relative to parking, traffic, congestion and also noise. It is an inconvenience to everybody including the people who live in the project. There is only a one car garage for a two bedroom home. Mr. Schwartze clarified that there are two and one half parking spaces for each unit. Maurtce Benbaron, Ralston Street resident. It is his opinion the area is going to be a Chevy Chase No. 2. He is not going to let it happen. He wants the neighborhood to be left alone. COUNCIL ACTION: There being no further persons who wished to speak Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council ratified the determination that the proposed activity falls within the definition of 786 City Hall. Anaheim, California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M, Section 3.01 Class 15, 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 Environmental Impact Report. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-280) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-280 for adoption granting Variance No. 4051 with an additional condition that the owner of the property record an unsubordinated agreement relating to maintenance of the property approved by the Planning Director and the City Attorney. Refer to Resolution Book. RESOLUTION NO. 90R-280; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4051. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter Ehrle None The Mayor declared Resolution NO. 90R-280 duly passed and adopted. 176. PUBLIC HEARING ABANDONMENT NO, 89-8A; In accordance with application filed by Scher - Voit, 2045 West Orangewood Avenue, Orange, California 29668 a public hearing was held on proposed abandonment of an easement for electrical purposes on property located at the northwest corner of Kellogg Drive and Hunter Avenue pursuant to Resolution No. 90R-218 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated June 15, 1990 was submitted recommending approval of said abandonment. Mayor Hunter asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL ~XEMPTION; On motion by Councilman Hunter, seconded by Councilwoman Kaywood, the City Council determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an Environmental Impact Report. MOTION CARRIED. 787 City Hall, Anaheim. California - COUNCIL MINUTES - July 24, 1990. 5:30 P,M. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-281) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-281 for adoption approving Abandonment No. 89-8A. Refer to Resolution Book. RESOLUTION No, 90R-281; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED WEST OF KELLOGG DRIVE, NORTH OF HUNTER AVENUE. (89-8A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-281 duly passed and adopted. 176, PUBLIC HEARING - ABANDONMENT NO, 90-4A; In accordance with application filed by Shaw/Crookall, 160 Newport Center Drive, No. 250, Newport Beach, California 92660 a public hearing was held on proposed abandonment of an easement for public utility purposes on property located at the southeast corner of Winston Road and State College Boulevard pursuant to Resolution No. 90R-219 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated June 15, 1990 was submitted recommending approval of said abandonment. Mayor Hunter asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT o CATEGORICAL EXEMPTION; On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council determined that the proposed activity falls within the definition of Section 3.01, Class 5, o£ the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an Environmental Impact Report. MOTION CARRIED. WAIVER OF READING RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-282) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 90R-282 for adoption approving Abandonment No. 90-4A. Refer to Resolution Book. 788 City Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990. 5:30 P.M, RESOLUTION NO. 90R-282; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING AN EASEMENT FOR PUBLIC UTILITY PURPOSES EXTENDING SOUTHERLY FROM WINSTON ROAD, EAST OF STATE COLLEGE BOULEVARD. (90-4A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-282 duly passed and adopted. 176. PUBLIC HEARING - ABANDONMENT NO, 90-7A: In accordance with application by the Anaheim Redevelopment Agency, 300 South Harbor Boulevard, Suite 900, Anaheim, California 92803 a public hearing was held on proposed abandonment of portions of Old Lincoln Avenue, Oak Street, Chestnut Street, Third Street, Helena Street, Clementine Street and Lemon Street pursuant to Resolution No. 90R-220 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated June 15, 1990 recommended approval of said abandonment. Mayor Hunter asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilwoman Kaywood, seconded by Councilman Daly, the City Council determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an Environmental Impact Report. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-283) Councilwoman Kaywood moved to waive the readtn~ in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 90R-283 for adoption approving Abandonment No. 90-7A. Refer to Resolution Book. RESOLUTION NO, 90R-283; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING PORTIONS OF LINCOLN AVENUE, OAK STREET, CHESTNUT STREET, HELENA STREET, CLEMENTINE STREET AND LEMON STREET. (90-7A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None 789 City Ha~, Anaheim. California - COUNCI~ MINUTES - July 24, 1990, 5;30 P,M, The Mayor declared Resolution No. 90R-283 duly passed and adopted. 179. CONTINUED PUBLIC HEARING - WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO, 3242 AND MITIGATED NEGATIVE DECLARATION; OWNER: Coachman/Patel, Partnership 301 N. W. 63rd Street, Suite 500, Oklahoma City, OK 73116 AGENT: Roger Anderson 1663 Sawtelle Blvd., Suite 240, Los Angeles, CA 90025 LOCATION/REQUEST: The property is located at 615 West Katella Avenue. Property is approximately 0.54 acre located on the north side of Katella Avenue approximately 200 feet west of the centerline of Harbor Boulevard. The request is to permit a 6-story, 130-unit all-suite hotel with waiver of permitted encroachment into required yard. (Waiver deleted by revised plans.) ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3242 DENIED (PC90-84) (7 yes votes); no action taken on waiver of code requirement; denied Mitigated Negative Declaration. HEARING SET ON: A letter of appeal was submitted by Dennis D. Bradford, Authorized Representative, for the owner. This matter was continued from the meeting of May 15, 1990 and the meeting of June 19, 1990, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 3, 1990. Posting of property May 4, 1990. Mailing to property owners within 300 feet - May 3, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 9, 1990. City Clerk Sohl announced that an additional request for a continuance, this time of 60 days has been received from Mr. Dennis Bradford. Mayor Hunter asked if anyone was present on this item or there was opposition to a continuance; there was no response. Councilwoman Kaywood. She is concerned about continuing this item once again. She feels it is inappropriate to keep continuing it when it has been denied by the Planning Commission and the Council. The developer is putting too much on a half acre site. The Mayor asked if either the applicant or his agent was present; no one was present. 790 City Hall, Anaheim, California - COUNCIL MINUTES - July 24, 1990, 5;30 City Attorney White. The applicant has already requested and received several continuances in the past. Normally if there is a request for a continuance, one continuance is given to afford due process. He usually suggests that that continuance be given. However, it appears this project has been before the Council on several occasions in the past and continuances requested. If it is denied in absentia of the applicant, the applicant can always file a new application if he ever gets the plans together that he feels he needs in order to make his case. On that basis, he would not object if the Council decided to act upon this tonight. The Mayor again asked if anyone wished to speak; there was no response. MOTION: Councilman Pickler moved to deny the request for another continuance this time of 60 days on Conditional Use Permit No. 3242 and Mitigated Negative Declaration. Councilman Ehrle seconded the motion. MOTION CARRIED. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; On motion by Councilman Pickler seconded by Councilwoman Kaywood, the Anaheim City Council having reviewed the proposal does hereby deny a Mitigated Negative Declaration on the basis that the Planning Commission/City Council has considered the proposal with the Mitigated Negative Declaration and accompanying monitoring program together with any comments received during the public review process and further finding on the basis of the initial study that there is substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-284) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-284 for adoption denying Conditional Use Permit No. 3242. Refer to Resolution Book. RESOLUTION NO, 90R-284; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3242. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-284 duly passed and adopted. 791 City Ha~l, AnaheSm, California - COUNCIL MINUTES - July 24, 1990. 5:30 P,M, 179. PUBLIC NEARING - CONDITIONAL USE pERMIT NO. 2713 AND ENVIRONMENTAL IMPACT REPORT NO, 268 (PREVIOUSLY CERTIFIED), REVIEW OF REVISED PLANS IN ORDER TO DETERMIN~ SUBSTANTIAL CONFORMANCE AND AMENDING CONDITIONS OF APPROVAL; OWNER: Louis P. Drapac LOCATION/REQUEST: The property is located at the northwest corner of State College Boulevard and Orangewood Avenue. The request is for a review of revised plans in order to determine substantial conformance. Conditional Use Permit No. 2713 is to permit a 10-story and 12-story commercial office complex with waivers of: a) minimum number of parking spaces, b) maximum structural height, and c) minimum landscaped setback. ACTION TAKEN BY THE PLANNING COMMISSION: Planning Commission recommends approval of revised plans with added conditions. HEARING SET ON: Review requested by the petitioner. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 13, 1990. Mailing to property owners within 300 feet - July 11, 1990. Posting of property July 13, 1990. PLANNING STAFF INPUT: See staff report to the PLanning commission dated July 10, 1990. APPLICANT'S STATEMENT: Lewis Drapac. He represents Hutton Development. agreement with the Planning Commission findings. to answer any questions. They are in He is present Joel Fick, Planning Director. The project was approved several years ago as part of a phased project. It is a valid project as it exists. There are some site plan modifications which they feel are enhancements to the project. There are also additional conditions that staff has requested be incorporated into the project. He reiterated it is an enhanced site plan over the prior approval. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT NO. 268 (PREVIOUSLY CERTIFIEDJ: Environmental Impact Report No. 268 having been reviewed by City staff and recommended by the City Planning Commission to be in compliance with City and State guidelines and the State of California Environmental Quality Act City Council acting upon such information and belief does hereby certify on motion by Councilman Hunter seconded by Councilman Pickler that Environmental Impact Report No. 268 is in compliance with the California Environmental Quality Act and City and State guidelines for this project. MOTION CARRIED. 792 City Hall, Anaheim. California - COUNCIL MIN-OTES July 24, 1990. 5:30 P,M, WAIVER OF R~ADING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-285) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-285 for adoption, amending conditions of approval for Conditional Use Permit No. 2713 revised plans. Refer to Resolution Book. RESOLUTION NO, 90R-285: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2713 AND AMENDING RESOLUTION NO. 85R-537. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-285 duly passed and adopted. 155/179/185, PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO, 277 INCLUDING ADDENDUM, RECLASSIFICATION NO, 90-91-06, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3303, DEVELOPMENT AGREEMENT NO, 89-01; OWNER: Stadium Business Park, South, A California Limited Partnership 1901 Avenue of The Stars, Suite 200 Los Angeles, California 90067 AGENT: G.S. Properties, General Partnership 1901 Avenue of The Stars, Suite 200 Los Angeles, California 90067 LOCATION/REQUEST: The property is approximately 17.49 acres located at the southwest corner of Pacifico Avenue and State College Boulevard, having approximate frontages of 1,218 feet on the south side of Pactfico Avenue and 607 feet on the west side of State College Boulevard (Stadium Business Park). The request is for a change in zone from ML to CO and to permit and govern the construction of two 16-story, 224-foot high, 300,000 and 339,200 square foot office buildin§s; two 20-story, 290-foot high, 440,000 square foot office buildings; one 2-story, 90-foot high, 40,000 square foot health club (attached to one 8-story parking structure); one 18-story, 226-foot high, 275,177 square foot 400-room hotel and restaurant with a cocktail lounge and 1,900 square feet of accessory retail uses; 40,000 square feet of accessory retail uses with specialty service/retail shops including semi-enclosed restaurants (and sandwich shops) with on-sale of alcoholic beverages to be located in the office buildings and/or the parking structures with waiver of minimum number of parking spaces. 793 City Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5~30 P,M. ACTION TAKEN BY THE PLANNING COMMISSION; Development Agreement No. 89-01 APPROVED (PC90-178) (5 yes votes, 1 absent, and 1 vacant). Reclassification No. 90-91-06 APPROVED (PC90-179). Conditional Use Permit No. 3303 APPROVED (PC90-180). Waiver of code requirement APPROVED. Environmental Impact Report No. 277 including addendum Approved. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 13, 1990. Mailing to property owners within 300 feet July 11, 1990. Posting of property July 13, 1990. PIANNING STAFF INPUT: See extensive staff report to the Planning Commission dated July 16, 1990. APPLICANT'S STATEMENT: Floyd Farano, 100 South Anaheim Boulevard. He is pleased to introduce the Stadium Business Park project. The owners of the project, Gardner Company wanted to extend their appreciation to the City and members of staff for their cooperation and assistance in this long undertaking. It is a project the City will be proud of for a very long time. He then described the project (as outlined above). The project will implement the Loesser study which Mr. Rothschild briefed earlier in the meeting. There are buildings presently located on the property. The project will be phased in on a schedule basis while the industrial users are being phased out including the parking so that while the parking is being phased, adequate parking spaces will be available. The waiver of minimum parking spaces is based upon an understanding and agreement with the Traffic Department after a number of studies have been undertaken whereby parking is being phased in. Before the health club and hotel are constructed another parking study will be undertaken to determine what further spaces will be required. He did not believe there was ever a project he brought before the Council where there has not been even a ripple, questions or problems. A substantial amount of documentation has already been submitted to the Council on the project. They are pleased to bring the project to the Council and are ready to answer any questions. They are in agreement with the staff report in its entirety. As far as they know to this point, there are no problems. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak either in favor or in opposition. Charlie Bush, 623 West North Street. He questioned why the Council always has to listen to waivers of minimum parking spaces. The Council should live up to the code and not deviate from that criteria. 794 City Hall. Anaheim. California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M, There being no further persons who wished to speak either in favor or in opposition, Mayor Hunter closed the public hearing. Councilman Daly asked staff to reply to the comments relative to parking. Joel Fick. On major projects it is important for the community to know when there are mixed uses on the property - especially hotel, office, retail and restaurant uses along with other types of uses there very often is an overlap in parking needs with peak parking demands at different times. The Anaheim Municipal Code is designed to allow flexibility for a "make sense" approach to parking. From a technical standpoint, the variances are only granted in the development agreement and the conditioning of the project and both are very specific and will be enacted only upon very comprehensive parking and traffic studies by the Traffic Engineer. There is a great deal of team work and review that goes into bringing the item before the Council. ENVIRONMENTAL IMPACT REPORT NO, 277 - CERTIFICATION INCLUDING ADDENDUM: Environmental Impact Report No. 277 including addendum having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State guidelines and the State of California Environmental Quality Act the City Council acting upon such information and belief does hereby certify on motion by Councilman Hunter seconded by Councilman Pickler that Environmental Impact Report No. 277 is in compliance with the California Environmental Quality Act and City and State guidelines and adopted a Statement of Overriding Conditions as recommended by the City Planning Commission. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS AND ORDINANCE; The titles of the following resolutions and ordinance were read by the City Clerk. (Resolution Nos. 90R-286 and 90R-287; Ordinance No. 5158 (Introduction) Councilman Hunter moved to waive the reading in full of the resolutions and ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-286 for adoption approving Reclassification No. 90-91-06 and Resolution No. 90R-287 for adoption granting Conditional Use Permit No. 3303 subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO, 90R-286; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO, 90R-287; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3303. 795 City Hall. Anaheim. CalSfornta - COUNCIL MINUTES July 24. 1990. 5:30 P,M, Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-286 and 90R-287 duly passed and adopted. ORDINANCE NO, 5158; Councilman Hunter offered Ordinance No. 5158 for first reading regarding Development Agreement No. 89-01. ORDINANCE NO. 5158: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIM AND STADIUM BUSINESS PARK SOUTH, FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PlAN OF THE CITY OF ANAHEIM, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT FOR AND ON BEHALF OF THE CITY. RECESS: By general consent the Council recessed for ten minutes. (7:50 p.m.). AFTER RECESS: The Mayor called the meeting to order all Council Members being present. (8:05 p.m.) 155/179/170, PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO 189 AND ADDENDUM CPREVIOUSLY CERTIFIED), SPECIFIC PLAN 90-02, TENTATIVE TRACT MAP NOS 14266, 14267, 14268 AND 14269; OWNER: Anaheim Redevelopment Agency Attention: Lisa Sttpkovich 200 South Anaheim Boulevard Anaheim, California 92805 AGENT: Lincoln Property Company 17011 Beach Boulevard, Suite 400 Huntington Beach, California 92647 LOCATION/REQUEST: The property is approximately 23.68 acres bounded by Cypress Street to the north, Center Street and Broadway to the south, Olive Street and Philadelphia Street to the west and the Atchison Topeka and Santa Fe railroad right-of-way to the east (Downtown Anaheim). The request is for consideration and adoption of the Downtown Anaheim East Center Street Development Specific Plan (Lincoln Village) including zoning and development standards; and, a utilities and services plan for 390 residential dwelling units (single-family and multiple-family); 6,600 square feet of commercial uses (in a mixed commercial/residential use development); and 2.61 acres of public open space including a train station/community facilities. ACTION TAKEN BY THE PLANNING COMMISSION; Specific Plan No. 90-02 APPROVED (PC90-160). (4 yes votes, 2 no votes, 1 absent). Zoning and Development Standards (PC90-161). Tentative Maps Tract Nos. 14266, 14267, 14268, 14269 approved. Environmental Impact Report No. 189 and addendum previously certified. 796 C$t¥ Ha~l, Anaheim. California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 13, 1990 Mailing to property owners within 300 feet - July 11, 1990. Posting of property July 13, 1990. A letter of appeal of the Tentative Tract Maps was submitted by Mr. James Walker and public hearing scheduled this date along with the other matters. Lisa Sttpkovich, Executive Director of Community Development. The Redevelopment Agency is acting as agent for the developer, Lincoln Properties because the Redevelopment Agency owns the site. The Council is familiar with the project which they have been working on for two years with Lincoln Properties, neighborhood groups, the Redevelopment Agency and Commission. The project was worked out with all those bodies to come up with a project that is high quality and will be an asset to the downtown community and will be part of the overall master plan for the Anaheim Redevelopment area. The master plan incorporates public open space along with residential units and a specific plan before the Council tonight is a planned unit development they are looking at as a whole and analyzing where it is located and what is adjacent to it occurring within the overall prospective of the Redevelopment area, i.e., the availability of public parking, the availability of open space and what they know would be their long range plans for the area and more specifically looking at one individual parcel. In addition to the specific plan, the Council has received an additional staff report, the subject is modifications to the East Center Street development specific plan - July 24, 1990, as a result of a meeting with a neighborhood group particularly those people across the street from parcel 22 on Olive Street. The issue is concerned with traffic on Olive, in particular the access to their properties which requires entrance and exit on Olive. The Agency offered several alternatives but they could not reach agreement on any of the options. There was no concensus of the whole group. They all seemed to agree on adding additional right turn lanes into Olive from Lincoln and also another right turn off of Olive onto Lincoln to give a greater turning radius to allow right turn lanes in and out. In general, she is recommending that they approve the project. It is something that has been well thought out and worked out with everyone involved as part of an overall master plan. The representative from Lincoln Properties is present. Earl Truax, Lincoln Properties, 1701 Long Beach Boulevard, Huntington Beach. What they are asking Council approval on is the culmination of two years of hard work between Lincoln Properties, the Agency and City staff. They have a reputation 797 City Hall, Anaheim, California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M. throughout the United States as having built outstanding projects. In his opinion, this is the best they have done. They have had an excellent working relationship with Mrs. Stipkovich and her staff. The 31 single family detached homes, 46 single family attached homes, 285 apartments and 28 towrahomes are all the highest quality they can generate and within the guidelines established by the Agency and staff. It is an outstanding project and they solicit Council's support. Mayor Hunter opened the public hearing. Hiromi Yost, 217 1/2 North Olive. Her main concern is the traffic. Two of her best reasons for opposing some of the proposals are her children. She has to pull out onto the street. With a mid-sized car it is necessary to go over the center yellow line. She has pictures of accidents which have occurred on Lincoln and Olive. She understands that there is no intention to widen Olive. Also on-street parking is going to be eliminated which will cause a major problem for her because she does not have ample parking. She is asking that the street be widened. There are 800 cars per hour traveling down the street. Sycamore Street which is just two blocks away is a commercial street and it is wider than Olive and does not produce the same amount of traffic as Olive. She would like the street widened if nothing else. Lisa Stipkovich. The street will be widened to the maximum width required under the General Plan. She does know that everyone who has a driveway on Olive has a difficult problem in entering and exiting the property. They have offered the alternatives to the property owners of providing an alleyway behind their houses. If they choose to do that, the Agency would be willing t° assist and also dedicate some of the land the Agency owns to help make that happen. The Agency would pay for the improvement of the alley. There are a couple of other people who live on that block who are not too positive about the idea of an alley access. In addition, they also offered to this woman's (Mrs. Yost) landlord to help with access providing what they call a dedicated lane which would be in front of the property in order to help provide some way for them to pull over, let traffic go by and pull in. That would require the Agency dedicating some of the property in order to make that occur. The Agency is still waiting to hear if anyone was interested in the alternatives. Hiromi Yost. If they go with the alley alternative, it will totally destroy her home. Michael Walker, P. O. Box 18535, Anaheim. In 1988 the Agency was to widen Olive Street to a four lane commuter road north and 798 City Hall, Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5;30 P,M, south of Lincoln. Since 1988 they have left Olive north of Lincoln to Cypress with a 19 foot center line curb-to-curb and eliminated parking in front of the existing residences leaving driveways as the only place to park their cars forcing residents to back out of driveways into Olive across the centerltne into traffic. They have also added a left hand turn on the north side of Olive at Lincoln. When four cars are in the left turn lane, the fourth ties up traffic making it impossible for residents to get out of their driveway. Because Lincoln and Olive are not at right angles, the northeast corner is hard to negotiate and there have been seven major accidents there. He then read portions of the Specific Plan 90-02, page 9, second paragraph as well as the paragraph immediately following that indicated that Olive Street will be improved to a four lane roadway etc., which is contrary to the diagram on page 42 of the same Specific Plan - figure 10, exhibit 2A which shows a two lane road with a left hand turn lane. In concluding, he stated that traffic is increasing daily and will continue as long as people continue north on Olive to La Palma or south to the Civic Center. He urged the Council to uphold the four lane roadway as stated on page 9 of the Specific Plan for safety, emergency vehicle access and access to private driveways Jim Walker. He has the property at 217 North Olive. He addressed the Council before and asked that the Planning Commission consider the problems of traffic. As stated in the Specific Plan, Olive will be widened to a four lane roadway. He asked which section of the plan they are going to go by - what it says in the front, page 9, or in the diagram later on. There are many deviations. He and other citizens of Anaheim are concerned about the deviation from standard code on this and other projects. On some projects, people ask for variances, rezontng, minimum setbacks, etc. This particular project as indicated in the Specific Plan has well over 40 variances. It will the standard used by most developers seeking specific uses in the future. Twenty five foot streets are proposed and in the history of Anaheim he does not know of any under 28 feet. Anaheim needs a downtown but he is concerned about disregarding the standard zoning code. The project also has apartments included in it. With the paired housing, it is not possible to park a car in front of the house/garage and clear the street. From what he can tell, parcel 4D, 14S, and 14N are going to use downtown parking facilities to house the overflow of offsite parking. No parking is created for downtown businesses and setback lines have been eroded. He does not care what is built across the street from him as long as it is built to the standard code of Anaheim. He recommends that the Council deny Specific Plan 90-02 and have the Redevelopment Agency rework it to existing zoning codes and ordinances of the City. 799 City Hall, Anaheim, California - COUNCIL MINUTES - July 24, 1990, 5;30 Councilwoman Kaywood asked Mr. Walker how long he had owned his property; Mr. Walker answered a little less than three years. Keith Olesen, 321 North Philadelphia, one block from the proposed project. A lot of developers did "flock" to the City. He read all 27 responses to the request for qualifications and thoroughly read all five of the finalists' proposals. This project is far superior to any of the five as they started out. This is one of the best things that could be done downtown. Many people have been involved, the main difference being that all live in the downtown area and have been involved in this undertaking from the start either as members of first the Project Area Committee (PAC) as well as groups and committees which have worked on this for the past two years. There has been so much citizen input it is "mind boggling". He hopes the Council approves the project as it stands. It deserves to be approved. Lincoln Properties has gone out of its way to help the citizens and communicate with them. They have been at the Central City neighborhood meetings along with Lisa Stipkovtch. He has only run into one person who is opposed; otherwise, the City has the support of the rest of the downtown area residents for this Redevelopment Project as well as the Lincoln Properties people. Curtis Stricker, 1117 Wakefield Place. He asked in incorporating all of the changes into the code to fit the project, if those were changes that were going to be made to Title 18 of the Anaheim Municipal Code that can then be used in other parts of the City as well as in the newly-formed Plaza Redevelopment Project. Lisa Stipkovich. She emphasized, this does not change the City code throughout the City. It is specific and that is why it is called a Specific Plan. The Specific Plan is enacted for only the particular area involved in terms of criteria and standards - in this case for just the 22 acres encompassed by the project. It in no way changes the City zoning code for any other project. City Attorney White also explained the purpose of Specific Plan zoning is to create a set of unique zoning standards for a unique project. Those standards are incorporated into Title 18 but only for the property to which those standards become applicable, meaning the property that is incorporated in the Specific Plan zone. This will be the only project specific to these standards. There has never yet been a project that has had Specific Plan zoning standards adopted and then later additional property incorporated into those standards. This Specific Plan applies only to this project. Each project which applies for a Specific Plan zone is looked at on its own merits as being a unique project. 8OO City Hall, Anaheim. California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M. Mr. Stricker stated he is not objecting to the project, but rather he wants to be sure that such a plan could not be used in the newly formed Redevelopment Project Area; Mayor Hunter noted that City Attorney White had already answered that question. Councilman Daly. This Specific Plan gives the Council control over every square inch of the project. They have architectural control, landscape control, design control, etc. each and every brick more than any other downtown project. There are tradeoffs and the developer asked for certain concessions. The standards change over time. COUNCIL ACTION: There being no further persons who wished to speak, Mayor Hunter closed the public hearing. City Attorney White. Environmental Impact Report No. 189 is the one for the Redevelopment Plan. What the Council will be certifying tonight is the addendum to the EIR, and adopting the Mitigation Monitoring Program as outlined in Planning Commission Resolution No. PC90-161 and incorporating the findings contained in that Resolution. Councilman Daly. He asked relative to the widening of Olive Street if there were plans short term or long term to do widenings between Sycamore Street in downtown and Lincoln. Lisa Stipkovich. The project in downtown is from Cypress to Broadway, the Agency has proposed to widen along with this project. They are following the General Plan circulation element and widening it to a maximum width for a collector street. Along with this project, they will do public improvements. It is a two lane street with additional turning lanes at intersections but it is two lanes. They discussed this with the City's Traffic Engineer and traffic consultants hired and those Lincoln Properties has hired. According to the experts, this is an appropriate size for that street. She clarified that the intersection of Lincoln and Olive will be widened and they have modified it even further tonight by adding the additional staff report. All the residents agree to the eight feet on the west side. They want to give those to turning radiuses to allow a right turn both on to and off of Olive to help move traffic. It was not a requirement according to the Traffic studies, but something the Traffic Engineer indicated would not hurt. Paul Singer. Olive Street is a collector street - 40 foot curb-to-curb with two travel lanes. In this case they can install a continuous left turn lane to afford adjacent properties to back out into the street and into the continuous left turn lane to make it safe. At the same time when the 801 City Hall, Anaheim. California - COUNCIL MINUTES - July 24. 1990. 5:30 P,M, street is being improved there will be curb radius put on each individual driveway in order to make safe exit from the driveway. Olive Street to Lincoln is operating at a service level A and even with project traffic will be at 40% of capacity. It is a comfortable street and does not cause any congestion. Any queues have been four cars long in the left turn lane and these clear out at each turn signal. He feels there is adequate control and capacity and will have safe exit for the vehicles trying to exit residential properties. City Attorney White. It would be in order to offer the two resolutions, and a motion on the Tentative Tract Maps incorporating by reference the requisite findings from Planning Commission actions on those items. He would recommend that introduction of the two ordinances be postponed until August 14 since his office is still in the process of converting the Specific Plan to ordinance form which is lengthy and complicated. He suggests that introduction be delayed to the next meeting. There would be no additional public hearing or input but just the ordinance agendized for the next meeting. ENVIRONMENTAL IMPACT REPORT - EIR NO, 189 AND ADDENDUM (PREVIOUSLY CERTIFIED); On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council finds that final subsequent Environmental Impact Report No. 189, together with the accompanying addendum, including a Mitigated Monitoring Program is adequate to serve as the required environmental documentation for this project on the basis that it is in compliance with the California Environmental Quality Act and the State and City CEQA guidelines based upon certain findings outlined in Planning Commission Resolution No. PC90-161 and incorporating those findings. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-288 and 90R-289) Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-288 for adoption approving Specific Plan No. 90-02 and 90R-289 for adoption approving zoning and development ~tandard~ for §pecific Plan 90-02. Refer to Re~olution Book. RESOLUTION NO, 90R-288; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING SPECIFIC PLAN NO. 90-2 FOR DOWNTOWN ANAHEIM - EAST CENTER STREET. RESOLUTION NO. 90R-289; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ZONING AND DEVELOPMENT STANDARDS RELATING TO SPECIFIC PLAN 90-2 FOR DOWNTOWN ANAHEIM-EAST CENTER STREET. 802 City Hall, Anaheim. California - COUNCIL MINUTES - July 24, 1990. 5;30 P,M, Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-288 and 90R-289 duly passed and adopted. Introduction of the ordinances approving zoning and development standards for Specific Plan 90-02 and reclassifying property to the SP90-02 zone was continued to be introduced at the meeting of August 14, 1990 as recommended by the City Attorney. Tentative Tract Map Nos. 14266, 14267, 14268 and 14269: Councilman Hunter moved to approve Tentative Tract Maps Nos. 14266, 14267, 14268 and 14269 incorporating all of the conditions included under each of those tentative tract maps. Councilman Ehrle seconded the motion. MOTION CARRIED. 179: ITEMS BI - B9 FROM THE PLANNING COMMISSION MEETING OF JULY 2, 1990; INFORMATION ONLY - APPEAL PERIOD ENDS JULY 24, 1990: BI. VARIANCE NO, 4059, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3301, WAIVER OF MINIMUM DISTANCE BETWEEN OIL WELLS AND UNITS, MITIGATED NEGATIVE DECLARATION; OWNER: Blash Momeny, 2082 Business Center Drive, Irvine, California 92715 AGENT: Michael Frazier, AIA, 18200 Yorba Linda Boulevard, #201, Yorba Linda, California 92686 LOCATION: Property is approximately 4.4 acres located on the northwest terminus of Garland Circle and approximately 450 feet west of the centerline of Boisseranc Way. To construct two to six dwelling units within the flood plain overlay zone as a part of a proposed 19-lot (18-unit) residential subdivision with waivers of required lot frontage and minimum distance between oil drilling sites and dwelling units. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4059 WITHDRAWN. Waiver of code requirement GRANTED. Conditional Use Permit No. 3301 CRANTED (PC90-159) subject to: a) access to Orchard, b) stop sign at the exit on Garland Circle, c) speed bumps, and d) construction traffic restricted to Orchard. Approved Tentative Tract No. 14130. NOTE; Informational items before the City Council at the meeting of July 10, 1990. No action taken by Council. Recommended approval of waiver of minimum distance between oil wells and units. Approved Mitigated Negative Declaration. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing has been scheduled for August 21, 1990, 6:00 p.m. 803 City Hall, Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5:30 B2. GENERAL PLAN AMENDMENT NO. 312. RECLASSIFICATION NO, 90-91-0~, WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO. 3299 AND NEGATIVE DECLARATION; OWNER: OMP, Attention: Massoud Monshizadeh, 1524 Victoria Way, Placentia, California 92670 AGENT: Massoud Monshizadeh, 1524 Victoria Way, Placentia, California 92670 LOCATION: 1575 West Katella Avenue. Property is approximately 2.2 acres located on the north side of Katella Avenue and being located approximately 314 feet east of the centerline of Carnelian. Petitioner requests an amendment to the Land Use Element of the General Plan proposing a redesignation from the existing Commercial Professional designation to the Low-Medium Density Residential. For a change in zone from CL to RM-2400. To permit a 40-unit condominium complex with waivers of maximum structural height, minimum recreational/leisure area, required landscape buffer adjacent to single-family residences and minimum distance between buildings. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 312 APPROVED (PC90-162) for additional property to low medium density designation. Reclassification No. 90-91-01 GRANTED to RM-2400 (PC90-163). Waiver of code requirement DENIED. Conditional Use Permit No. 3299 DENIED (PC90-164). (5 yes votes, 1 no vote, and 1 absent). Approved Negative Declaration. This item will be set for a public hearing necessitated by the General Plan Amendment. B3. RECLASSIFICATION NO. 90-91-03. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3300 AND NEGATIVE DECLARATION: OWNER: Victor C. Highfill, Jr., 719 North East Street, Anaheim, California 92805 AGENT: Armad Jilanshi, 2030 East Fourth Street, #104, Santa Aha, California 92705 LOCATION: 719 and 729 North East Street. Property is approximately 0.74 acre located on the west side of East Street and being located approximately 210 feet north of the centerltne of Wilhelmina Street. For a change in zone from RS-7200 to RM-2400. To permit a 10-unit condominium building with waivers of: a) maximum ~tructural height (deleted) and b) maximum lot coverage (granted). ACTION TAKEN BY T~E PLANNING COMMISSION: Reclassification No. 90-91-03 GRANTED (PC90-165) (5 yes votes, 1 absent, and 1 abstained.) Waiver of code requirement GRANTED, IN PART. Conditional Use Permit No. 3300 GRANTED, IN PART, (PC90-166) with waiver a) maximum structural height (DELETED) and b) maximum lot coverage (GRANTED). (5 yes votes, 1 absent and 1 abstained.) Approved Negative Declaration. 8O4 City Hall, Anaheim, California - COUNCIL MINUTES - July 24, 1990, 5:30 P,M, B4. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3298 AND NEGATIVE DECLARATION; OWNER: Anaheim Memorial Hospital, 1111 West La Palma Avenue, Anaheim, California 92803 AGENT: Taylor and Associates, Architects, 4 Upper Newport Plaza, #100, Newport Beach, California 92660 LOCATION: 1111 West La Palma Avenue. Property is approximately 11.0 acres located at the northwest corner of La Palma Avenue and West Street. To permit a 37,200 square foot expansion of Anaheim Memorial Hospital with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3298 GRANTED (PC90-167) with added conditions. (5 yes votes, 1 absent and 1 abstained.) Approved parking waiver. Approved Negative Declaration. B5, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3296, CATEGORICALLY EXEMPT, CLASS 1: OWNER: Keith Pepper and Paul Nodzak, 817 North Lemon Street, Anaheim, California 92805 LOCATION: 817 North Lemon Street. Property is approximately 0.25 acre located on the west side of Lemon Street and approximately 190 feet north of the centerline of North Street. To permit a bed and breakfast establishment with waivers of: a) minimum rear yard setback (deleted), b) permitted encroachment into required yards (deleted), c) maximum structural height (deleted), and d) minimum sideyard setback (deleted). ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3296 GRANTED, IN PART, (PC90-168) deleting Condition No. 2 to permit a circular drive and modifying Condition No. 6 with waivers: a) minimum rear yard setback (deleted) b) permitted encroachment into required yards (deleted) c) maximum structural height (deleted), and d) minimum sideyard setback (deleted). (6 yes votes, 1 absent) B6. WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO, 3290 AND NEGATIVE DECLARATION: OWNER: Hopkins Development, 13 Corporate Plaza, Suite 200, Newport Beach, California 92660 AGENT: Charles Patino, 8391 Atlanta Avenue, Huntington Beach, California 92646 LOCATION: 2804-16 West Lincoln Avenue. Property is approximately 0.94 acre located west and south of the southwest corner of Lincoln Avenue and Dale Avenue. To permit a commercial retail center with waiver of minimum distance between freestanding signs. 805 City Hall. Anaheim. Cal$~orn~a - COUNCIL MINUTES - July 24. 1990, 5;30 P,M, ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3290 GRANTED (PC90-169) (6 yes votes, 1 absent). Waiver of code requirement GRANTED. Approved Negative Declaration. BT, VARIANCE NO. 3851. CATEGORICALLY EXEMPT, CLASS 11; OWNER: Hutton Development Company, Inc., 201 East Sandpointe, #300, Santa Aha, California 92707 LOCATION: Property is approximately 19.7 acres located at the northwest corner of Santa Aha Canyon Road and Weir Canyon Road. To amend conditions of approval pertaining to a freestanding sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 3851 GRANTED (PC90-170). (4 yes votes, 2 abstained and 1 absent.) REPORT AND RECOMMENDATIONS; BB. CONDITIONAL USE PERMIT NO. 2324 - DELETION OR AMENDMENT OF A CONDITION OF APPROVAL PERTAINING TO SIGNAGE; LOCATION: 1701 South West Street. William A. Torresala, Pan Pacific Hotel, requests deletion or amendment to a condition of approval pertaining to signage. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended DENIAL of deletion or amendment to a condition of approval pertaining to signa§e. This item requires a public hearing before the City Council since the Council was the last body to take action on the Conditional Use Permit. B9. SPECIFIC PLAN NO. 90-01 REQUEST FOR WAIVER OF SLOPE SETBACK (TITLE 17 - SECTION 17,06,110); Trammel Crow requests waiver of slope setback for property located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road (Anaheim Hills Festival). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended for approval by the City Council. This item to be set for a public hearing on August 14, 1990. End of the Planning Commission Items from July 2, 1990. 179: ITEMS BI0 - B19 FROM THE PLANNING COMMISSION MEETING OF JULY 16, 1990; INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 7, 1990; 806 C~ty Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990. 5:30 P,M, B10, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3226 AND NEGATIVE DECLARATION; OWNER: Stewart Green and Associates, Attention: Rosalie McCormick, 2180 East Lincoln Avenue, Anaheim, California 92806 AGENT: Anaheim Sports Medical Center, Attention: Marwan Baho, 2238 East Lincoln Avenue, Anaheim, California 92806 LOCATION: 2238 East Lincoln Avenue. Property is approximately 27.1 acres located at the southeast corner of Lincoln Avenue and State College Boulevard. To retain a 3,557 square-foot physical therapy (massage) sports medical center with waivers of (a) minimum number of parking spaces and (b) permitted location of an "adult entertainment business". ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3226 APPROVED (PC90-174) (3 yes votes, 2 no votes, 1 absent and 1 vacant). Waiver of code requirement APPROVED. Approved Negative Declaration. Bll. RECLASSIFICATION NO. 90-91-02, SPECIMEN TREE REMOVAL 90-03, TENTATIVE TRACT MAP NO. 14353, ENVIRONMENTAL IMPACT REPORT NO. 296; OWNER: Anaheim Residential Partners, Cape Cod Village, H.O.A., 1269 West Pomona Road, #101, Corona, California 91720 AGENT: Tyo Property Company, Brock Development Corporation, 6767 Forest Lawn Drive, #120, Los Angeles, California 90068 LOCATION: Property is approximately 11.84 acres located on the east side of Anaheim Hills Road approximately 1,560 feet south of the centerltne of Santa Ana Canyon Road. Reclassification No. 90-91-02 APPROVED (PC90-175). (5 yes votes, 1 absent, and 1 vacant.) Tentative Tract Map No. 14353 APPROVED. NOTE: Appeal period on Tentative Tract 14353 expires July 26, 1990. Specimen Tree Removal 90-03 APPROVED. Environmental Impact Report No. 296 APPROVED. B12, RECLASSIFICATION NO. 90-91-05. CONDITIONAL USE PERMIT NO, 3302 AND NEGATIVE DECLARATION: OWNER: ACW Partnership, 36 West Live Oak Avenue, Arcadia, California 91006 AGENT: Andy Kalanz, 4400 MacArthur Boulevard, #400, Newport Beach, California 92660 LOCATION: 558 South Anaheim Boulevard. Property is approximately 0.48 acre located at the northeast corner of Anaheim Boulevard and Water Street. For a change in zone from CG to CL. To permit a 7,130 square foot, 5-unit, commercial retail center. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-05 APPROVED (PC90-176) (5 yes votes, 1 absent, and one vacant). Conditional Use Permit No. 3302 APPROVED (PC90-177). Approved Negative Declaration. 807 City Hall, Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5:30 P,M, B13, 155/179/185: ENVIRONMENTAL IMPACT REPORT NO. 277 INCLUDING ADDENDUM, RECLASSIFICATION NO. 90-91-06. WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO, 3303, DEVELOPMENT AGREEMENT NO, 89-01; OWNER: Stadium Business Park, South, a California Limited Partnership, 1901 Avenue of The Stars, Suite 200, Los Angeles, California 90067 AGENT: G. S. Properties, General Partnership, 1901 Avenue of The Stars, Suite 200, Los Angeles, California 90067 LOCATION: Property is approximately 17.49 acres located at the southwest corner of Pacifico Avenue and State College Boulevard, having approximate frontages of 1,218 feet on the south side of Pacifico Avenue and 607 feet on the west side of State College Boulevard (Stadium Business Park). For a change in zone from ML to CO. To permit and govern the construction of two 16-story, 224-foot high, 300,000 and 339,200 square foot office buildings; two 20-story, 290-foot high, 440,000 square foot office buildings; one 2-story, 90-foot high, 40,000 square foot health club (attached to one 8-story parking structure); one 18-story, 226-foot high, 275,177 square foot 400-room hotel and restaurant with a cocktail lounge and 1,900 square feet of accessory retail uses; and, 40,000 square feet of accessory retail uses with specialty service/retail shops including semi-enclosed restaurants (and sandwich shops) with on-sale of alcoholic beverages to be located in the office buildings and/or the parking structures with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Development Agreement No. 89-01 APPROVED (PC90-178) (5 yes votes, 1 absent, and 1 vacant). Reclassification No. 90-91-06 APPROVED (PC90-179). Conditional Use Permit No. 3303 APPROVED (PC90-180). Waiver of code requirement APPROVED. Environmental Impact Report No. 277 including addendum Approved. This item set for public hearing this date (see item DS). B14, RECLASSIFICATION NO, 90-91-07, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3307 AND NEGATIVE DECLARATION; OWNER: C. A. Bonnett, 10990 Warner Avenue, #D, Fountain Valley, California 92708 AGENT: Monnh L. Hanna and Nabtl W. Sidares, 13681 Glenhaven Drive, Garden Grove, California 92643 LOCATION: 3010 West Lincoln Avenue. Property is approximately 1.59 acres located at the southwest corner of Lincoln Avenue and Beach Boulevard. For a change in zone from CH to CL. To permit a 2,400 square-foot mini-market with fast food in an existing commercial retail center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-07 APPROVED (PC90-181) (5 yes votes, 1 absent, and 1 vacant). Conditional Use Permit No. 3307 APPROVED (PC90-182). Waiver of code requirement approved. Negative Declaration Approved. 808 City Hall. Anaheim. California - COUNCIL MINUTES July 24, 1990, 5:30 P.M. B15. WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO, 3295 AND MITIGATED NEGATIVE DECLARATION: OWNER: J. A. Shah, 640 West Orangewood Avenue, Anaheim, California 92805 AGENT: Ignacio Gonzalez and Associates, 123 South Mission Drive, #C, San Gabriel, California 91776 LOCATION: 640 Oran§ewood Avenue. Property is approximately 0.99 acre located on the south side of Oran§ewood Avenue and approximately 210 feet west of the centerltne of Harbor Boulevard. To permit expansion of an existing motel from 63 to 140 guest rooms with waiver of minimum structural setbacks adjacent to a residential zone boundary. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3295 GRANTED (PC90-183). 1 abstained, 1 absent and 1 vacant.) Waiver of code requirement DENIED. Approved Mitigated Negative Declaration. (4 yes votes, B16. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3306 AND NEGATIVE DECLARATION; OWNER: Hanover Anaheim Properties, 9300 Wilshire Boulevard, Beverly Hills, California 90212 AGENT: Steven Friedmann/Sylvia Harris, 9300 Wilshire Boulevard, Beverly Hills, California 90212 LOCATION: 5435 East La Palma Avenue. (Orange County "Young Peoples" Center). Property is approximately 12.2 acres located on the north side of La Palma Avenue and approximately 1,850 feet west of the centerline of Imperial Highway. To permit a physical fitness center (dance instruction studio) with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3360 APPROVED (PC90-184) (5 yes votes, 1 absent, and 1 vacant). Waiver of code requirement approved. Approved Negative Declaration. B17. CONDITIONAL USE PERMIT NO. 3308. CATEGORICALLY EXEMPT, CLASS ll; OWNER: City of Anaheim, Attention: Steve Swaim, 200 South Anaheim Boulevard, Anaheim, California 92803 AGENT: North Orange County Community Clinic, 300 West Romneya Drive, Anaheim, California 92801 LOCATION: 300 West Romneya Drive. Property is approximately 2.07 acres located at the southeast corner of Romneya Drive and Swan Street. To permit a temporary modular structure for medical office uses. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3308 APPROVED (PC90-185) (5 yes votes, 1 absent, and 1 vacant.) 809 City Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5;30 P,M, B18, VARI~/~GE NO. 4068 AND NEGATIVE DECI~RATION: OWNER: DMST Developments and Terdor, Inc., 225 West Cerrttos Avenue, Anaheim, California 92805 AGENT: Jon Dye, 225 Cerrttos, Anaheim, California 92805 LOCATION: 207 and 211 North Coffman Street. Property is approximately 0.55 acre located on the west side of Coffman Street and approximately 490 feet north of centerline of Center Street. Waivers of maximum fence height and minimum number of parking spaces to construct a 2-story, 8-unit condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4068 APPROVED (PC90-186) (5 yes votes, 1 absent, and 1 vacant). Approved Negative Declaration. B19. TENTATIVE TRACT MAP NO. 14334 AND NEGATIVE DECLARATION; OWNER: Craig and Sharon Painter, 7671 Corto Road, Anaheim, California 92808 AGENT: Anacal Engineering Company, 1900 East La Palma Avenue, Suite 202, Anaheim, California 92803-3668 LOCATION: 371 Timken Road. Property is approximately 2.56 acres located at the terminus of Timken Road. To establish a 5-lot, RS-HS-22,000(SC) zone subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14334 APPROVED. (4 yes votes, 1 no vote, 1 absent, and 1 vacant.) Negative Declaration approved. NOTE: Appeal period on Tentative Tract 14334 expires July 26, 1990. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly, and therefore, a public hearing will be scheduled at a later date. End of the Planning Commission items from July 16, 1990. 179. ITEMS B20 - B27 FROM THE ZONING ADMINISTRATOR MEETING OF JULy 12, 1990 - DECISION DATE; JULY 19, 1990; INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 3, 1990; B20, VAi~IANCE NO, 4055, CATEGORICALLY EXEMPT, CLASS 1; OWNER: Kluthe Family Trust, 2251 Lake Forest Circle, La Habra, California 90631 AGENT: Actec Engineering Corporation, 1312 West Collins Avenue, Orange, California 92667, Attention: C. M. Thomson LOCATION: 831 South State College Boulevard. Property is approximately 0.52 acre on the west side of State College Boulevard approximately 370 feet south of the centerline of South Street. Waiver of minimum number of parking spaces to establish an additional 279 square feet of storage area attached to an existing freestanding restaurant. 810 C~ty Hal~, Anaheim. California - COUNCIL MINUTES - July 24, 1990. 5:30 P.M, ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4055 APPROVED (ZA90-45). Councilwoman Kaywood. She noted there was a Code Enforcement action at the property and six people were opposed. Annika Santalahti, Zoning Administrator. What they were opposing was the unfortunate operational history on the property and disturbances they had as a result of apparently the on-sale of liquor in connection with the restaurant. One of the reasons, the fence that separates the residential at the west from the property is four feet high at the most. There was a great deal of discussion as to what might be done on the property plus warning the agent of the owner that he had a conditional use permit and if difficulties were not worked out, the Commission could consider it for revocation. In approving this, there is a fencing requirement added to raise the height and landscaping that involves "prickly things". She sent out the decision to three residents that abutted the property so they could see exactly what the approval was. There were a lot more than they would ever have on a parking waiver. The reason why Code Enforcement went out was not because of the complaints from residents relative to the disturbances but rather that the cooling unit they brought onto the property is a modular shipping container that someone converts to cooling units with a fan on it which was very loud and occupied parking spaces necessitating the parking waiver. No residents came to the second hearing. The developer came in with more details the fencing, landscaping, etc. and that is why she automatically sent the decisions to the neighbors so they could see all the conditions imposed and then be able to contact the City again. They are going to have to inform her about the fencing so that the residents can concur with the design of the fence. The restaurant has had a conditional use permit some ten or fifteen years. They had not heard complaints before. Councilwoman Kaywood. She is concerned there is a problem that exists with impacting the single family homes directly behind the establishment. Councilman Pickler. He feels that the six foot wall and the other things they will be doing will eliminate the concerns of the neighbors. Annika Santalahti. In the hearing it was discussed if problems should continue they should contact the City because the City is concerned as well. The item was not set for a public hearing. B21, VARIANCE NO. 4065 AND NEGATIVE DECLARATION; OWNER: Virgil Tooman, 30680 La Sombra Court, Temecula, California 92390. AGENT: Rolly Pulaski, 858 Production Place, Newport Beach, California 92663. LOCATION: 528 South State College Boulevard. Property is approximately 0.49 acre located at the northeast corner of State College Boulevard and Virginia Avenue. Waiver of minimum number of parking spaces to construct a 3,614 square-foot addition to an existing furniture store. 811 City Hall. Anaheim, California - COUNCIL MINUTES - July 24. 1990. 5:30 P,M, ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4065 APPROVED (ZA90-46). Approved Negative Declaration. B22. VARIANCE NO. 4066 AND NEGATIVg DECLARATION; OWNER: Wetngart Foundation, 1200 Wilshtre Boulevard, #305, Los Angeles, California 90015 AGENT: Cycle Industries, 1515 East Winston Road, Anaheim, California 92805 LOCATION: 1515 East Winston Road. Property is approximately 15.4 acres located on the north side of Winston Road. Waiver of minimum number of parking spaces to construct a 9,302 square-foot office addition inside an existing industrial building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4066 APPROVED (ZA90-47). Approved Negative Declaration. B23, VARIANCE NO. 4069 AND NEGATIVE DECLARATION; OWNER: Stanford Court Properties, 25500 Hawthorne Boulevard, #120, Torrance, California 90505 LOCATION: 1125 East Stanford Court (Building 3). Property is approximately .42 acre located on the north side of Stanford Court. Waiver of minimum number of parking spaces to construct an.approximately 3300 square foot expansion inside an existing industrial building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4069 APPROVED (ZA90-48). Approved Negative Declaration. B 24, VARIANCE NO, 4070 AND NEGATIVE DECLARATIONi OWNER: Sanderson - J. Ray Development, 2699 White Road, #150, Irvine, California 92714. LOCATION: 3360 East La Palma Avenue. Property is approximately 4.87 acres located on the south side of La Palma Avenue. Waiver of required lot frontage to establish a 2-lot subdivision of an existing industrial parcel. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4070 APPROVED (ZA90-49). Approved Negative Declaration. B25. VARIANCE NO, 4067, CATEGORICALLY EXEMPT, CLASS 3; OWNER: Herman and June De Ferrante, 118 Brickford Street, Placentia, California 92670 LOCATION: 128 Derby Circle. Property is approximately 0.48 acre located on the east side of Derby Circle. Wavier of maximum structural height to construct a 4,731 square-foot single-family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4067 APPROVED (ZA90-50). 812 City Hall, Anaheim, California - COUNCIL MINUTES July 24, 1990. 5;30 P.M, B26, CONDITIONAL USE PERMIT NO. 3294. CATEGORICALLY EXEMPT. CLASS 3: OWNER: Hector and Irene Velasco, 6991 East Via E1 Estribo, Anaheim, California 92807. LOCATION: 6991 East Via E1 Estribo. Property is Avenida De Santtago and Hidden Canyon Road. To permit an existing ground mounted satellite dish. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Conditional Use Permit No. 3294 APPROVED (ZA90-51). B27, ADMINISTRATIVE ADJUSTMENT NO, 0052, CATEGORICALLY EXEMPT, CLASS 5: LOCATION: 563 East Peralta Hills Drive To construct a 2-story, 9,590 square-foot single-family residence with waiver of maximum structural height. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0052 APPROVED (ZA90-52). END OF THE ZONING ADMINISTRATOR ITEMS. ORDINANCE NOS, 5154 AND 5155 - ADOPTION; WAIVER OF READING - ORDINANCES; The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5154 and 5155) Councilman Pickler moved to waive the reading in full of the ordinances. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance No. 5154 for adoption, amending Title 18 to rezone property under Reclassification No. 88-89-14 and Ordinance No. 5155 for adoption, amending Title 18 to rezone property under Reclassification No. 88-89-55. Refer to Ordinance Book. ORDINANCE NO, 5154; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO. 5155: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance Nos. 5154 and 5155 duly passed and adopted. C1, 155, FORMATION OF TWELVE MEMBER CITIZENS STEERING COMMITTEE FOR GROWTH MANAGEMENT ELEMENT PROJECT; Initiate formation of a twelve member Citizens 813 City HalL, Anaheim. California - COUNCIL MINUTES - July 24. 1990, 5;30 P,M, Steering Committee for the Growth Management Element project. (Staff was directed to agendize discussion regarding appointments to the Committee for a City Council meeting in July or early August.) Continued from the meeting of June 19, 1990. Councilman Daly stated he realizes some Council Members may not have people in line to recommend to the subject committee at this time. However, he would like to nominate people today. Mayor Hunter. It is his understanding each Council Member gets two appointees and the whole Council votes on the rest; Councilman Daly agreed and clarified that the Council votes on the two at-large members. Councilman Daly thereupon nominated Bill Sarti and he will subsequently get his address to the City Clerk and also Mr. Chuck McBurney. Councilman Hunter named Patrick Pepper and Amtn David; Councilwoman Kaywood questioned what group Mr. David would be in; Mayor Hunter explained the business that Mr. David was in. Councilman Pickler. He is not prepared to name any people at this time. Councilman Ehrle named Carmen Morinello, Attorney, and Gerald Gardner, American Commerce Bank. Councilwoman Kaywood named Bob Messee , Planning Commissioner and Chuck Cooper, owner of Hickory Farms at the Anaheim Plaza. Mayor Hunter. He suggested that the Council then wait for a couple of weeks since Councilman Pickler did not name his two people and also the Council at large could name the other two people. Councilman Daly. He felt that those named reflected a good balanced group. He then asked when the first meeting might take place. Joel Fick, Planning Director. Staff is looking at early September. It was determined that the matter would be continued to Tuesday, August 14, 1990 at which time Councilman Pickler will name his appointees and the remaining two appointee~ ehogen by the Council. C2. 179. ITEMS OF PUBLIC INTEREST; Barbara Marr, P. O. Box 100, Fullerton. California Citizens for the Law and Order. She expressed her opposition to the 2 Live Crew group scheduled to perform at the Celebrity Theatre even though their performance has been temporarily cancelled for the July 27th date. A future date has not yet been set but ticket holders are being told that their tickets can be used for the 814 CiTy Hall. Anaheim. California - COUNCIL MINUTES - July 24, 1990, 5:30 P.M. next appearance which will be rescheduled shortly. She feels it is the Council's responsibility to protect all the people in Anaheim. Shelley Ztlltac, Fullerton. She is also present in opposition to 2 Live Crew appearing at the Celebrity Theatre. She attends Set Free Fellowship Church and has a concern for the children who attend the Church as a meeting place which is across the street from the Celebrity Theatre. She is aware that the July 27th appearance has been cancelled but is still concerned that anything that comes to the area would affect the children. 2 Live Crew has a detrimental effect on children. She encouraged the Council to take a stand for the children in Anaheim and Orange County. She would like to leave with the City Attorney the resolutions from the various cities that may be helpful in assisting Anaheim establish resolutions in the future. Howard Garber, P. O. 17099, Anaheim 92817. They are prepared to present a proposed resolution they would like adopted by the Council with whatever changes they might make. He thereupon submitted a copy of the resolution. He read the resolution to the Council. A similar resolution will be sent to the Orange County Board of Supervisors. He urged the Council again to take the initiative and set an example, whether or not they are able to block the appearance of 2 Live Crew legally, at least spelling out their desire that they understand that they are not welcome to Anaheim. Jeff Farano, Farano and Kieviet. He is asking that Variance No. 3746 considered by the Council several months ago when an extension of time was requested on the 184 unit complex at Lincoln Avenue and Muller Street be placed back on the agenda and reconsidered. At the time the Council denied the extension of time. It is a very exciting project and will mean a lot to Anaheim. City Attorney White. As it now stands, a new application could and would need to be filed if the project is going to be revisited. Under the City's procedures the time within which to grant a rehearing has 10ng since expired. He does not know any legal authority for granting the revisiting of the project without a new application being filed. Jeff Farano. It was his understanding that an extension of time can be retroactive and there is no specific time frame when that retroactive extension of time can take place. His request is to consider another extension of time. Mr. White. Mr. Farano is correct. The request has been made - it was acted upon and it was denied. The relief from that decision of the Council would have been to seek a rehearing in a timely fashion. Since that was not done, 815 City Hall. Anaheim. California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M. as far as he can see, the relief now is to file a new application. If the Council would rather revisit the project without that it is up to whatever three members want to do. He reiterated for Councilman Pickler that his recommendation is that the Council not grant the request. The most the Council can do tonight is to readverttse for an extension but because the City's own code procedures do not entertain this type of action, he would suggest unless the Council wants to start this type of process that would apply not only to the project Mr. Farano is representing but whoever else wants to come in that they stick to what the code now specifies. Councilwoman Kaywood. She feels there are enough changes and questions on the mixed use aspect that it would be clearer to start from the beginning. One of her concerns was that they would build the residential project and "patch" on to the front commercial when they could do so. Jeff Farano. This project was the catalyst to get the mixed use in Anaheim. From staff's standpoint, this was a project mixed use could be applied to and could work well. The way the project is now, they are still working on mixed use with staff and it will be finalized in the near future. It is a very good project and they are looking forward to the mixed use ordinance. To go back and start over again is a long process. If they are required to do so that is what they will do. Staff had a chance to review the changes that were made. It resulted in a dow~%sizfng of the footprint of the buildings and creating additional parking spaces. Staff did review and approve the changes. Councilman Pickler stated he had no problem bringing the matter back for reconsideration. City Attorney White. The motion would be one to agendize the request for an extension of time. MOTION; Councilman Pickler moved to place on a Council agenda the request for reconsideration of an extension of time on the subject project. Councilman Ehrle seconded the motion. Gounctlwoman Kaywood voted no. MOTION CARRIED. It was determined the request would be reconsidered at the August 14, 1990 Council meeting. 149. ORDINANGE REiATING TO BUS PARKING ON WALNUT STREET N~%R ~ALLROAD: Councilman Daly. A citizen reminded him the Council/City promised an ordinance regarding bus parking on Walnut Street near Ball Road. He would like to know when that will be coming to the Council. It was discussed as part of the time share project that was before the Council recently (Conestoga Property). Councilwoman Kaywood. She believes that the ordinance is in place and signs are posted and the buses are ignoring them. The bus companies have been notified and the bus drivers are being cited. They are paying the fines and then doing the same thing. It becomes a police matter because it is on the street. It is still being worked on. When the new hotel comes in, she feels there will be better control. 816 City Mall. Anaheim. California - COUNCIL MINUTES - July 24. 1990. 5:30 P.M. ~ By general consent the City Council meeting of July 24, 1990 wqs adjourned. (It was noted a quorum may not be anticipated for the regular meeting of July 31, 1990.) (9:21 p.m.) LEONORA N. SOML, CITY CLmRK 817