The URL can be used to link to this page

1990/08/14City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 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: TRAFFIG ENGINEER: ZONING ADMINISTRATOR: DEPUTY CITY ENGINEER: Daly, Ehrle, Kaywood, Pickler, Hunter None James Ruth Jack White Leonora N. Sohl Paul Singer Annika Santalahtt Arthur Daw A 'complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:35 p.m. on August 10, 1990 at the Civic Center kiosk, containing all items as shown heretn. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION; City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To meet with its Negotiator regarding the possible lease or sale of land located at 1566 South Douglass Road, Anaheim California, to Ogden Financial Services Inc. or other entity for a multipurpose sports and entertainment arena. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). f. 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. g. To meet with its negotiator concerning the possible sale of property described in item A4 of August 14, 1990 City Council agenda to Midway Trailer City. AFTER RECESS' Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:45 p.m.) 829 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1990, 5;30 P.M. INVOCATION; Pastor Bittner, First Christian Church, gave the invocation. FLAG SALUTE: Councilman Bill Ehrle led the assembly in the Pledge of Allegiance to the Flag. 119/114; INTRODUGTION- STUDENTS FROM ANAHEIM'S SISTER CITY - MITO, JAPAN: June Lowry, Sister City representative, introduced the interpreter - representative (Etsuko) from Mito, Japan who in turn introduced the 20 exchange students from that City. Mayor Hunter and Council Members welcomed all the students. Greetings were brought from the Mayor of Mito to Mayor Hunter and the Council Members and all the citizens of Anaheim. Token gifts were exchanged. A Declaration of Welcome was also unanimously adopted by the City Council and presented to the delegation. 119; DECLARATION OF WELCOME: The City Council unanimously adopted a Declaration of Welcome to be presented to the Circle K 35th Annual International Convention. 119; DECLARATIONS OF APPRECIATION: Declarations of Appreciation were unanimously adopted by the City Council and presented to all the organizations who worked with the Anaheim Police Community Services on the "National Night Out Program" - Carl's Jr., Bob Ray, Central Station Security Systems, California Angels, ASIC Athletic Wear and Medieval Times. The Mayor and Council Members expressed their gratitude on behalf of the City and citizens of Anaheim. 119; DECLARATION OF GREETINGS: The City Council unanimously adopted/ratified a Declaration of Greetings to the City of Berlin, Germany, on the occasion of the Los Angeles Rams and Kansas City Chiefs game held at Olympic Stadium on August 11, 1990. MINUTES; Councilwoman Kaywood moved to approve the minutes of the adjourned regular meeting of June 19, 1990 (held June 26, 1990) and the regular meetings held June 26, 1990 and July 10, 1990. Councilman Daly seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,761,965.43 for the week ending August 3, 1990 and $4,907,060.97 for the week ending August 10, 1990, in accordance with the 19i90-91 budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCES; The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 90R-293 through 90R-303, both inclusive, for adoption; Ordinance No. 5157 for adoption and Ordinance Nos. 5159 and 5160 for introduction.) Councilman Pickler moved to waive the reading in full of the resolutions and ordinances. Councilman Daly seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Daly, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Pickler offered 830 City Hall. Anaheim, California - COUNCIL MINUTES - August 14, 1990, 5;30 P.M. Resolution Nos. 90R-293 through 90R-303, both inclusive, for adoption; Ordinance No. 5157 for adoption; and Ordinance Nos. 5159 and 5160 for introduction. Refer to Resolution/Ordinance Books. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Gin Lee for bodily injury sustained purportedly due to actions of the City on or about May 30, 1990. b. Claim submitted by Mrs. Maria W. Nienstedt for bodily injury sustained purportedly due to actions of the City on or about December 27, 1989. c. Claim submitted by Murray Brett Walker for bodily injury sustained purportedly due to actions of the City on or about January 8, 1990. d. Claim submitted by Gerardo De La Cerda Lozano for bodily injury sustained purportedly due to actions of the City on or about May 19, 1990. e. Claim submitted by Jose De La Cerda Lozano for bodily injury sustained purportedly due to actions of the City on or about May 19, 1990. f. Claim submitted by Toby G. Sigler for bodily injury sustained purportedly due to actions of the City on or about May 15, 1990. g. Claim submitted by Victor Lefkowitz for property damage sustained purportedly due to actions of the city on or about June 13, 1990. h. Claim submitted by Victoria Skold for property damage sustained purportedly due to actions of the City on or about June 22, 1990. i. Claim submitted by Tamara Lynn McKnight for property damage sustained purportedly due to actions of the city on or about June 8, 1990. J. Claim submitted by Krtsty Santtbanez for bodily injury sustained purportedly due to actions of the City on or about May 7, 1990. k. Claim submitted by Ststo G. Martinez for bodily injury sustained purportedly due to actions of the City on or about June 8, 1990. 1. Claim submitted by Ben Allan Hawkins for bodily injury sustained purportedly due to actions of the City on or about June 12, 1990. m. Claim submitted by Fairmont Insurance Company, Ben Allan Hawkins, Employee, for indemnity sustained purportedly due to actions of the City on or about June 12, 1990. n. Claim submitted by E. Jack Atello for property damage sustained purportedly due to actions of the City on or about June 21, 1990. o. Claim submitted by Edward Gernergt for bodily injury sustained purportedly due to actions of the City on or about June 10, 1990. 831 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1990, 5:30 P.M. p. Claim submitted by J. (John) Ketth Daniels for bodily injury sustained purportedly due to actions of the City on or about January 23, 1990. q. Claim submitted by Michelle Marie Hoban by and through Conservator and Guardian Ad Litem, Judy S. Gates, and Judy S. Gates, for bodily injuries sustained purportedly due to actions of the City on or about January 22, 1990. A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission meeting held June 27, 1990. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held June 27, 1990. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held June 27, 1990. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of June, 1990. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the Fiscal Year 1989/90. 107: Receiving and filing the Statistical Report Summary ending June 30, 1990, from the Building Division. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held July 11, 1990. 105: Receiving and filing minutes of the Public Utilities Board meeting held July 12, 1990. A3. 144: Receiving and filing a Notice of Public Hearing to be held by Orange County Transit District on August 20, 1990, at 9:00 a.m. regarding the Orange County Transit District FY1990-91 Service Change Program. A4, 176; RESOLUTION NO, 90R-292; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (A portion of Clementine Street and an unnamed public alley both extending southerly from Midway Drive). (89-2A). Public hearing date is September 11, 1990. A5, 132/142; ORDINANCE NO. 5159 (INTRODUCTION): Amending Chapter 10.10 of Title 10 of the Anaheim Municipal Code relating to the collection, disposal and re~orttng of solid waste and recyclable materials, to facilitate changes required by Assembly Bill 939. A6, 101,123/142; ORDINANCE NO, 5160 (INTRODUCTION): Authorizing the execution of a lease agreement between the City and the Anaheim Public Financing Authority for proposed arena financing. 832 City Hall, Anaheim, CalSfornta - COUNCIL MINUTES - August 14, 1990. 5;30 P.M. A7. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to Maurtce J. Sopp and Son, in an amount not to exceed $369,218.86 for twenty-three 1990 Chevrolet Caprice police sedans. AS. 175/137: RESOLUTION NO, 90R-293; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $9,000,000 WATER REVENUE BONDS, 1990 SERIES, OF THE CITY AND PROVIDING THE TERMS AND CONDITIONS OF SUCH BONDS. 175; RESOLUTION NO, 90R-294; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ACCEPTING A BID FOR THE PURCHASE OF ITS $9,000,000 WATER REVENUE BONDS, 1990 SERIES; REJECTING ALL OTHER BIDS; APPROVING THE FORM OF THE OFFICIAL STATEMENT; AND TAKING CERTAIN RELATED ACTION. Ag. 123: Authorizing an amendment to the lease agreement between Willdan Associates and the City of Anaheim for office space to accommodate the Support Services group of the Data Processing Department. Al0. 150: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to Motorola Communications and Electronics, Inc., in the amount of $23,549.05 for communication equipment to be used by the Parks, Recreation and Community Services Department. (Park Ranger Program.) Ail. 123: Approving a Fifth Amendment to agreement with Eric W. Gruver, Ph.D., to conduct psychological evaluations for Police Officer, Police Reserve and Jailer applicants, for the term August 1, 1990 through July 31, 1991, with no change in the cost per candidate evaluation. Al2, 153; RESOLUTION NO, 90R-295; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-511 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE CLERICAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (Creates Job Training Program Specialist.) 153; RESOLUTION NO. 90R-296: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-287 W-HIGH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES A$$0GIATION. (Greages Traffic Controller.) 153; RESOLUTION NO, 90R-297: A RESOLUTION OF THE CITY COUNGIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-366 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (Creates Benefits Analyst I, II and Revenue Protection Coordinator.) 153; RESOLUTION NO, 90R-298: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-365 WHICH ESTABLISHED RATES OF COMPENSATION FOR GLASSIFICATIONS DESIGNATED AS SUPERVISORY. (Creates Scoreboard Manager.) 833 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990, 5:30 P.M. 153; RESOLUTION NO, 90R-299; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 90R-113 NUNC PRO TUNC. (To add salary schedule for the classification of Police Reservist-Special and Police Reservist-Special Retirement.) 153: RESOLUTION NO. 90R-300; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION No. 90R-113 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART-TIME. (Adds retirement designation to certain positions.) Al3. 123: Approving a revision to agreement with Willdan Associates for subdivision map and plan checking services to accommodate a new hourly rate schedule. Al4. 150: Approving Contract Change Order No. 1 in the amount of $139,715 in favor of Hondo Company, Inc., for the Sycamore Park and Dream Street contract; and approving an additional appropriation in the amount of $139,715 from the Park Sites and Playground account balance (Fund 16). Al5. 158: Authorizing the payment of $157,300 to Robert B. Ewing and Michael E. Ewing, pursuant to agreement on file, for modifications to 841 and 851 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-59, 60 and 61). Al6, 175: RESOLUTION NO. 90R-301: A RESOLUTION OF THE CITY OF ANAHEIM, CALIFORNIA STATING COMMITMENT TO PLACE SPECIFIED SAVINGS FROM SEASONAL STORAGE SERVICE AND INTERRUPTIBLE SERVICE INTO A SPECIAL ACCOUNT. (Utilities - Water.) Al7. 176: RESOLUTION NO, 90R-302; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (90-15A) Public hearing date is September 11, 1990. Al8. 169: Accepting the completion of construction of Orangethorpe Avenue - Lemon Street Storm Drain and Street Improvements, and authorizing the Mayor to sign and the Clerk to file the Notice of Completion. (Inland Constructors) Al9. 106/173: Approving revenue and expenditure appropriation increases of $100,000 for a regional transportation center study by increasing revenue account 17-788-3167, Orange County Transportation Gommission Grant by $100,000 and increasing expenditure account 17-788-6310 by $100,000. A20. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to CYME International, Inc., in an amount not to exceed $21,143.75 for specialized software to be used by the Utilities Department. A21. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to FileNet Corporation in an amount not to exceed $97,700 for annual maintenance costs for the FtleNet Management System at the Police Department. 834 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1990. 5:30 P.M. A22. 123: Waiving Council Policy No. 401 and approving an agreement with the firm of David M. Grifftth and Associates, Ltd., as consultants for development of cost allocation plans. A23. 175: Approving the Southern California Edison Company Letter dated July 9, 1990 relating to the Nuclear Regulatory Commission Fitness for Duty Regulations; and authorizing the Utilities Assistant General Manager - Power Resources to sign said letter as acknowledged and accepted. A24. 123: Approving Utility Agreement No. 8889 with the State of California for reimbursement of $472,000 to the City in connection with relocated overhead electrical facilities in the vicinity of Ball Road and the Santa Aha Freeway. A25. 123: Approving revised agreements between the Pepsi-Cola Company and the City for play equipment donations at Sage, Maxwell and Hansen Parks as part of the "Let's build a Pepsi Playpark" program. A26. 123: Approving an agreement with the Anaheim City School District authorizing lease of school property for park purposes to allow construction of a concession building at Sunkist Elementary School. 123: Approving an agreement with the North Anaheim Little League to build and maintain a concession building at Sunkist Elementary School. A27. 123/124: Approving the first amendment to an agreement with Ferrellgas for a one-year renewal of propane fuel for use at the Anaheim Convention Center, and amending the term of the contract to July 1, 1989 through July 31, 1991. A28. 123/125: Approving an amendment to the November 17, 1988 agreement with Planning Research Corporation to provide maintenance of computer hardware components added to inventory during the present fiscal year, amount not to exceed $1,152.30 monthly. A29. 109/140: Authorizing the Library Director to act on behalf of the City and to apply for receipt of funds through the Major Urban Resources Library (MURL) Funding Program. (The City of Anaheim is eligible to receive an award of $20,447 for the period 10-1-1990 through 9-30-1991.) A30. 123/140: Approving an agreement with Digital Equipment Corporation for service on computer equipment used in connection with the integrated library system at a cost of $7,226 per month, and authorizing the Library Director to execute the agreement on behalf of the City of Anaheim. A31. 117: Approving the revised City of Anaheim Employees' Deferred Compensation Plan Document, and authorizing the Mayor and City Treasurer to execute same. A32. 117: Approving the Investment Policy Statement, Strategy and Goals for 1990/1991 submitted by the City Treasurer. 835 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. A33, 179/149/142; ORDINANCE NO. 5157: 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. (Limits on tandem parking spaces in multiple family dwelling projects.) A34, 158; RESOLUTION NO, 90R-303; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A35. 150/106: Continuing to the meeting of September 18, 1990 the report from Parks Recreation and Community Services staff relative to the Community Services Agency funding recommendation of $50,000 for a senior citizens transportation project. A36. 123: Authorizing the payment of $21,000 to Anaheim Brake and Wheel, pursuant to agreement on file, for additional modifications to 912 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-70). A37. 123: Approving an amendment to the agreement with Planning Research Corporation/Public Management Services in the amount of $17,100 to provide Police CAD/RMS systems software maintenance. Roll Call Vote on Resolution Nos. 90R-292 through 90R-303, both inclusive. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-292 through 90R-303, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5157. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance No. 5157 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A38, 144; PRESENTATION - KATELLA AVENUE SUPER STREET PROJECT: Submitted was report dated August 1, 1990 from Gary Johnson, Director of Public Works/City Engineer recommending approval of a proposed resolution supporting the designation of Katella Avenue as a Super Street and the completion of studies to upgrade Katella to Super Street status. Mr. Arya Rohani, Streets and Roads Program Manager, Orange County Transportation Commission (OCTC). After nine months of extensive study, analysis and public participation, the Katella Avenue Super Street draft final report has been completed. They are making presentations to six City Councils along the route seeking their approval. Thus far five have given their 836 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1990, 5:30 P.M. approval. The study basically analyzes the feasibility of Katella as a Super Street. It is one of three studies under way, the other two being Imperial Highway and Moulton Parkway. Depending on funding, the Commission plans to select one of the three projects for further analysis, Environmental Impact Report review, and design, which is expected to occur early in 1991. What all the cities are doing by approving the recommendations is giving support to the projects so that they can take the next step which will be a full blown EIR. The Commission will then examine in much more detail the impacts that are involved. This is the first step of the three step process. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-304) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-304 for adoption approving the recommendations of the Katella Avenue Super Street Study. Refer to Resolution Book. RESOLUTION NO, 90R-304: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE RECOMMENDATIONS OF THE KATELLA AVENUE SUPER STREET STUDY. 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-304 duly passed and adopted. A39. 148/114; DESIGNATION OF VOTING DELEGATE AND ALTERNATE, LEAGUE OF CALIFORNIA CITIES MEETING, OCTOBER 21-24, 1990; Councilman Ehrle nominated Councilman Pickler as the Voting Delegate; Councilman Hunter nominated Councilman Ehrle as the Alternate. MOTION; Gouncilman Hunter moved to approve Gouncilman Pickler as the Voting Delegate and Councilman Ehrle as the Alternate at the League of California Cities meeting October 21-2&, 1990. Councilman Daly ~eeonded the motion. MOTION CARRIED. City Clerk Sohl, noting the dates of the annual League meeting, reported that at the beginning of the year, the Council anticipated no quorum on October 16, 1990 not knowing the exact date of the annual meeting. It is now apparent that the Council, instead of anticipating no quorum on October 16, that date should be October 23, 1990. It was determined that there may be lack of a Council quorum on October 23, 1990 due to the annual League of California Cities meeting. Therefore, it is anticipated there will be no Council meeting that date and no agenda will be prepared. There will, however, be a meeting on October 16, 1990. 837 City Hall, Anaheim, California COUNCIL MINUTES - August 14, 1990, 5;30 P,M, 179; ITEMS BI - B4 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 26, 1990 DECISION DATE: AUGUST 2, 1990 - INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 17, 1990; B1. VARIANCE NO. 4062. CATEGORICALLY EXEMPT. CLASS 11; OWNER: Endowment Realty Investors Inc., 400 South Hope Street, #600, Los Angeles, California 90071 AGENT: Allied Interstate, 11929 Vose Street, North Hollywood, California 91605, Attention: Norm Bertuch LOCATION: 5560 East Santa Aha Canyon Road. Property is approximately 9.8 acres located at the southwest corner of Santa Aha Canyon Road and Imperial Highway. Waiver of prohibited roof-mounted equipment to construct a roof-mounted satellite dish in the Scenic Corridor Overlay Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4062 APPROVED (ZA90-53). B2. VARIANCE NO, 4071, CATEGORICALLY EXEMPT, CLASS 3: OWNER: Joseph Phelan, 4319 East Elkstone, Anaheim, California 92807 LOCATION: 4319 East Elkstone, Anaheim, California 92807 Property is approximately .18 acre located at the northeast corner of Elkstone Avenue and Barryknoll Street. Waiver of maximum fence height to construct a 6-foot high block wall fence along Barryknoll Street. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4071 APPROVED (ZA90-54). B3. CONDITIONAL USE PERMIT NO, 3309 AND NEGATIVE DECLARATION; OWNER: Donald and Barbara Hecht, 21945 Cayuga Lane, Lake Forest, California 92630 LOCATION: 212 North Dale Avenue. Property is approximately 0.23 acre located at the southeast corner of Dale Avenue and Yale Avenue. To permit a preschool with 45 children with waivers of structural setbacks and yards. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Conditional U~e Permit No. 3309 DENIED (ZA90-55). Approved Negative Declaration B4. ADMINISTRATIVE ADJUSTMENT NO, 0053, CATEGORICALLY EXEMPT, GL~SS 1; REQUESTED BY: Sylvia Evangelista, 2691 Saturn Street, Brea, California 92621 LOCATION: 202 East Broadway. To construct a 1200 square-foot addition to a commercial/residential structure with waiver of minimum number of parking spaces. Property is located at 202 East Broadway. (End of public notice period: July 26, 1990 at 5:00 p.m.). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0053 GRANTED (ZA90-56). End of the Zoning Administrator items. 838 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1990. 5:30 P.M. B5, 179, CONDITIONAL USE PERMIT NO, 3168 - REQUEST FOR TIME EXTENSION: REQUESTED BY: Donald G. Hunt, Hunt Enterprises Incorporated, 12844 Inglewood Avenue, Hawthorne, California 90250. LOCATION: 400 West Wilken Way (770 feet east of the centerltne of Harbor Boulevard). Petitioner requests an extension of time (retroactive to August 1, 1990 to expire August 1, 1991) in order to satisfy conditions of approval. Conditional Use Permit No. 3168 is to permit a 26-building, 3-story, 106-unit airspace condominium complex. Submitted was staff report dated July 30, 1990 from the Zoning Administrator recommending approval of the requested extension of time. MOTION: Councilman Daly moved to approve the request for an extension of time to expire August 1, 1991 as recommended. Councilman Pickler seconded the motion. MOTION CARRIED. B6. 179, VARIANCE NO, 3947 REQUEST FOR TIME EXTENSION' REQUESTED BY: Blash Momeny, UNIC Corporation, 2082 Business Center Drive, Suite 185, Irvine, California 92715 LOCATION: 3625 West Savanna Street (900 feet west of the centerline of Knott Street). Petitioner requests an extension of time (retroactive to July 25, 1990 to expire July 25, 1991) in order to satisfy conditions of approval. Variance No. 3947 is to construct a 12-unit, 3-story apartment complex with waivers of maximum structural height and maximum site coverage. Submitted was staff report dated July 30, 1990 from the Zoning Administrator recommending approval of the requested extension of time. MOTION; Councilman Pickler moved to approve the requested extension of time to expire July 25, 1991 as recommended. Councilman Ehrle seconded the motion. MOTION CARRIED. B7, 179, VARIANCE NO. 3746 - EXTENSION OF TIME: REQUESTED BY: Farano and Kieviet, Suite 340, 100 South Anaheim Boulevard, Anaheim, California 92805 LOCATION: Lincoln Avenue and Muller Street Petitioner requests reconsideration of extension of time on Variance No. 3746 (184 unit complex) City Clerk Sohl reported that Mr. Tom Kieviet requested a continuance on his request to August 28, 1990. Councilman Pickler moved to continue the subject request to Tuesday, August 28, 1990. Councilman Ehrle seconded the motion. MOTION CARRIED. BS, 179; ORDINANCE NO, 5156 - RELATING TO THE C-R ZONE; To consider an ordinance of the City of Anaheim amending various chapters, sections and subsections of Title 18 pertaining to the Commercial Recreation (G-R) Zone and other related provisions and a Negative Declaration as well as a Resolution establishing Design Guidelines for the Commercial Recreation Zone. 839 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. This ordinance was introduced at the meeting of July 17, 1990 where extensive discussion and input took place (see minutes that date). ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler offered Ordinance No. 5156 for adoption repealing Chapter 18.48 of, adding new Chapter 18.48 to, and amending, adding and repealing various sections of various other chapters of Title 18 of the Anaheim Municipal Code Relating to Zoning (C-R Zone). Refer to Ordinance Book. ORDINANCE NO, 5156; AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 18.48 OF, ADDING NEW CHAPTER 18.48 TO, AND AMENDING, ADDING AND REPEALING VARIOUS SECTIONS OF VARIOUS OTHER CHAPTERS OF 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 No. 5156 duly passed and adopted. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-305) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-305 adopting the G-R design guidelines pursuant to Section 18.48.O80 of the Anaheim Municipal Code. Refer to Resolution Book. RE~OLUTION NO, 90R-305: A RESOLUTION OF TNE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE C-R DESIGN GUIDELINES PURSUANT TO SECTION 18.48.080 OF THE ANAHEIM MUNICIPAL CODE. 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-305 duly passed and adopted. 840 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. B9, 185, ORDINANCE NO. 5158: 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 said agreement for and on behalf of the City. WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5158) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Ordinance No. 5158 for adoption approving a Development Agreement by and between the City of Anaheim and Stadium Business Park South. Refer to Ordinance Book. ORDINANCE NO, 5158; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIM AND STADIUM BUSINESS PARK SOUTH, (ii) FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Daly, COUNCIL MEMBERS: None COUNCIL MEMBERS: None Ehrle, Kaywood, Pickler and Hunter The Mayor declared Ordinance No. 5158 duly passed and adopted. BI0 THROUGH B16, 179/142, ORDINANCE NOS. 5161 THROUGH 5167, BOTH INCLUSIVE, INTRODUCTION; Councilman Daly offered Ordinance Nos. 5161 through 5167, both inclusive, for first reading. Refer to Ordinance Book. Bi0, ORDINANCE NO. 5161: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.75 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR ~PECIFIC PLAN NO. 90-2 (~Pg0-~) ZONE. (DOWNTOWN ANAHEIM-EAST CENTER STREET). Bll, ORDINANCE NO. 5162: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (SPECIFIC PLAN NO. 90-2, DOWNTOWN ANAHEIM - EAST CENTER STREET). B12, ORDINANCE NO. 5163: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (89-90-59, Downtown Project Alpha CL zone.) B13, ORDINANCE NO. 5164: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (89-90-35, West side of Knott Street, RM-2400.) 841 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1990, 5;30 p,M, B14, ORDINANCE NO. 5165: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFER~ED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (89-90-39, 919 South Western Avenue and 3221 West Ball Road, RM-2400.) B15. ORDINANCE NO. 5166: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (89-90-42, Pearl and West Streets RM-2400.) B16 ORDINANCE NO, 5167: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (87-88-29, 207 and 211 North Coffman Street, RS-7200.) 155; FORMATION OF T~ELVE MEMBER CITIZENS STEERING CO~R~ITTEE FOR GROWTH MANAGEMENT ELEMENT PROJECT; Initiate formation of a twelve member Citizens Steering Committee for the Growth Management Element project. At the meeting of July 24, 1990, eight members were appointed. The matter was then continued to this date for Councilman Pickler to name his two appointees and for the Council to name the final two completing the twelve member Committee. Councilman Pickler stated that he would like an additional continuance. He thereupon moved to continue the matter one week. Councilman Daly seconded the motion. MOTION CARRIED. 105/114; COMPENSATION - PLANNING COMMISSIONERS; Discussion requested by Councilman Pickler at the meeting of July 17, 1990, regarding the possibility of raising the compensation amount of Planning Commissioners. Submitted was report dated August 7, 1990'from the Planning Department containing data requested by the Council at the meeting of July 17, 1990 (see minutes that date). Councilman Pickler requested one more week to evaluate the report submitted. He thereupon moved to continue the compensation issue for one week. Councilman Daly seconded the motion. MOTION CARRIED. 169; INSTALLATION OF RAISED MEDIAN ON STATE COLLEGE BOULEVARD; Discussion and reconsideration of the installation of a raised median on State College Boulevard from La Palma Avenue to 160 feet south of Sycamore Street. At the meeting of June 26, 1990 the Council modified the approval extending the median beyond Redwood Avenue. Request for the discussion and reconsideration of this item approved by Council at the meeting of 3uly 17, 1990. Submitted was report dated August 7, 1990 from the Director of Public Works/City Engineer, Gary Johnson recommending approval of the installation of the raised median on State Gollege Boulevard from La Palma Avenue to south of Redwood Avenue. Mayor Hunter asked to hear from those who wished to speak to the subject. The following people then gave input to the issue as summarized: William J. Zeidltk, 2208 North Redwood Drive, Anaheim. The situation is a safety problem and not so much a traffic problem. He does not believe there has been a study of economic impacts on the businesses in the area. There will be a problem of 842 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. access to the Junior high school. There is also a fire problem. He elaborated on the current problems of ingress and egress and explained circulation patterns from the subdivisions along State College, La Palma, Sunkist and Lincoln. If a median is installed, then at the least a demand light should be installed at Whittier and Underhtll and a multiple number of stop signs placed throughout the subdivision that do not exist now. The Council should take the matter under advisement for 30 days, look into alternatives and poll the people in the area so that there can be a real life understanding of the situation. Paul Kott, 504 North State College Boulevard. He reiterated the concerns he expressed at the meeting of June 26, 1990 (see minutes that date). He had mentioned the possibility of the installation of a traffic signal at Sycamore and State College. It is the best solution for traffic control and safety. The intersection of State College and La Palma is busy only during the hours of 3:30 and 5:30 p.m. Almost every accident has occurred north of the intersection and has nothing to do with the intersection itself. His business and property value as well as others on State College will be diminished as a result of the proposed median. He asked that the Council abandon the idea of a raised median across the intersection or at least provide a pathway in the median that would provide ingress and egress from southbound lane no. 1 on State College Boulevard. Gary Moore, 6412 Orange. He is the owner of the barbershop at 414 State College. This is a total waste of money and will directly impact all of the small businesses in the area. The area needs help in any case. There needs to be more police and drug enforcement in the area. It needs to be cleaned up to protect citizens and businesses. A median is the least of their problems. Connie Lemmer, 1841 East Redwood. She gave input on the matter on June 26, 1990 (see minutes that date) as well as submitting a petition. She agrees with the first two speakers. When the residents presented their petition it was with the intention if the median was ultimately going to be installed, that it be installed past Redwood. If not, the traffic from Sycamore would use Redwood thus endangering the children in the neighborhood while also decreasing the value of their homes. Redwood is a residential street and they want to keep it that way. If they had a choice, they would not want the median but rather a traffic light. A median would affect the businesses. The median would be an inconvenience but the safety of the children outweighs the inconvenience. Vee Sucapruik, 424 North State College. There is already a good traffic system on State College. The median will make life miserable and will be a disaster for the businesses there. Traffic is heavy only from 3:45 to 5:30. He owns a strip center on the east side of State College between La Palma and Sycamore and has for 20 years. If the median is installed, they will lose 75% of their customers. Thomas Ktrsten, 2522 North Redwood. The best solution is not a traffic light but to leave the situation as it is now. He disagrees with the graphic posted in the Chamber showing the occurrence of accidents at the location. He explained why he believes it is fairly easy now to make a left turn from Sycamore onto State College. 843 City Hall. Anaheim. California - COUNCIL MINUTES - Auzust 14. 1990. 5:30 P.M. Stefanie Ortiz, 211 North Redwood. The new division of the street turning into Sycamore has now lessened the traffic. There have been an average of seven accidents a year for five years. She was one of the accidents five years ago but not because of a left turn. She explained the incident. Recently reading from reports on energy, if the plan is to conserve, it will take about one and one half miles to make a left turn to be able to get back to their homes on the east side of La Palma. If there is anything that can be done, she urged better markings on City streets. The Council asked to hear from staff. Paul Singer, Traffic Engineer. It is his duty to bring to Council's attention when there is a high accident location to find solutions to these problems. In another location where a median has been installed, accidents have been virtually reduced to zero. Through record keeping, it has been discovered that there is an unusually high accident rate at the intersection of Sycamore and State College at the entrances to the shopping area on State College and the entire vicinity which he pointed to from the posted diagram. It is staff's recommendation that a median be installed. That will probably inconvenience a great number of people but the main thrust is to reduce to a negligible amount the number of accidents currently experienced. He urged the Council to consider the safety of the 35,000 vehicles that use the location every day and recommend that the median island be installed as recommended at the last meeting. He then explained what the diagram and overlay represented. It showed the intersection with and without the median. With the median there will be an approximate 75% reduction in accidents. He then answered questions posed by Councilman Daly on the existing median, the left turn pocket lane, why and how the accidents are occurring, etc. MOTION; Councilman Hunter moved to rescind the Council action taken at the meeting of June 26, 1990 which would have approved the installation of a median and extended it beyond Redwood, that a further study be done but that the issue of installation of a median not be set for a date certain to come back to the Council. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Ehrle. He has also received many calls relative to the median that was installed on the northeast corner of Euclid and Katella. He went to the area twice and noted that the median is very long where people cannot make left turns into the shopping area located there. Not only has the median been installed, but also now no "U" turn is allowable whereas before it was possible to at least make a "U" turn at the intersection. The businesses are hurting. He would like staff to submit a report on the matter that would contain traffic and accident data. A petition was submitted to him which he does not have withhim with over 1,000 signatures expressing concern with the situation as it stands. Paul Singer. As a reminder, State College at La Palma as well as Euclid at Katella are designated critical intersections and as such will have to have medians because they will be adding a lot of radius. The critical intersections will not only expedite traffic, but also will do it safely. The medians are definitely a safety device. 844 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. 108; WEST ANAHEIM MOOSE LODGE #522 - APPEAL OF REVOCATION OF BINGO LICENSE: Discussion to determine whether to hear the appeal or appoint a hearing officer to conduct such hearing on the appeal of revocation of bingo license for the West Anaheim Moose lodge #522. Submitted was report dated August 7, 1990 from the City Attorney's office recommending that the Council make the determination relative to the hearing. MOTION; Councilwoman Kaywood moved that the subject appeal of revocation of a bingo license be heard by a hearing officer. Councilman Hunter seconded the motion. Before action was taken, City Attorney White recommended that the motion incorporate direction to the City Attorney to select a hearing officer from the Judicial Arbitration and Mediation Service and on a date convenient to both the hearing officer and appellant and that the cost of the hearing be borne from the Council Contingency Fund. Councilwoman Kaywood asked if the appellant shares the cost; City Attorney White. He answered it will depend. A multiple date hearing could range from $1,000 to $4 or $5,000. A vote was then taken on the foregoing motion, including giving direction to the City Attorney to select a hearing officer from the Judicial Arbitration and Mediation Service on a date convenient to both the hearing officer and appellant and that the cost of the hearing be allocated from the Council Contingency Fund. MOTION CARRIED. ITEMS OF PUBLIC INTEREST; George Adams, 3200 East Frontera. He addressed an issue that was discussed in closed session relative to a hearing scheduled to take place on Thursday. He feels there was a misunderstanding on the agreement that was made and because of the urgency of the matter wanted to get the issue resolved. He then addressed the issues involved. Mayor Hunter. He recommended that Mr. Adams discuss the matter with City Attorney White rather than discuss openly a closed session matter. City Attorney White. This has been discussed with Council as a matter of pending litigation. He would suggest that discussions between legal counsel and members of the City Council continue to take place in closed session. Mr. Adams will get a response probably not tonight but tomorrow morning since the Council is again going to recess into closed session later this evening. Ann Newberry representing the Angels Booster Club. She has additional letters and signatures to submit along with the petition already presented (see minutes of July 31, 1990). They are asking to be heard on a Council agenda to take into consideration changing the name of Anaheim Stadium to Gene Autry Stadium. The opening day of the 1991 baseball season would be a perfect time to celebrate the 25th anniversary of the Stadium and renaming it for a great man and its first tenant. It is appropriate to honor the individual while he is alive rather than a memorial stadium at a later date. 845 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. Lou Cooper, 760 Tourmaline Court, Anaheim. Mr. Autry is a legend around the country and world. He has brought a lot to the City. He favors the renaming. Bobble Berry, 3347 Deerwood, Anaheim. She spoke in favor of Mr. Autry and the renaming of the Stadium. Barbara Mart, 2352 Mesa Verde Drive, Fullerton, 92633, California Citizens for Law and Order. On Friday, November 9, 1990 at 8:00 p.m., 2 Live Crew is scheduled to appear at the Celebrity Theatre. She again reiterated her strong opposition to the performance urging the Council to do something to prevent the appearance. It is the Council's responsibility to protect the public. Howard Garber. The 2 Live Crew performance has previously been declared obscene by a Federal District Court. The rescheduled performance to take place on November 9, 1990 at the Celebrity Theatre he understands will be the "dirty" version. His request is to appear before the Council formally to discuss the issue. He hopes that the Council will pass on a resolution of their own wording in opposition: Another issue involves freedom of the press and the policy of the Anaheim Public Library. He referred to his letter of August 1, 1990 relative to two books given to the library. He has an eight page summary which he is going to submit. Thus far, he has not received a reply to his letters to the Library or acknowledgment of the contributed books. When he talked to the City Manager today, the City Manager did not know first that 2 Live Crew had been rescheduled or second that the books were not acknowledged. (Later the City Manager confirmed Mr. Garber did not speak to him. Mr. Garber clarified it was the Assistant City Manager.) He is requesting to be on the formal agenda to discuss both of the issues. 179, CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3275 AND MITIGATED NEGATIVE DECLARATION: OWNER: The Heritage, A California General Partnership 1940 North Tustin Avenue, #100 Orange, California 92665 AGENT: Craig Combs Associates Architects 1535 M0nr0viaAvenue Newport Beach, California 92663 LOCATION/REQUEST: The property is located at 425 North Magnolia Avenue. It is approximately 9.2 acres on the west side of Magnolia Avenue approximately 662 feet south of the centerline of Crescent Avenue. The request is to permit a 334-unit deck-type housing apartment complex with waiver of minimum distance between two parallel walls. ACTION TAKEN BY THE PLANNING COMMISSION; DENIED (PC90-110) (7 yes votes). Waiver of code requirement DENIED. Denied Mitigated Negative Declaration. Conditional Use Permit No. 3275 846 City Hall, ~Daheim. California - COUNCIL MINUTES August 14. 1990. 5:30 P.M. HEARING SET ON: A letter of appeal was submitted by Palmieri, Tyler, Wiener, Wilhelm and Waldron on behalf of the owner (The Heritage) and public hearing scheduled and continued from the meeting of June 26, 1990 to this date to be heard in conjunction with General Plan Amendment No. 299-1 and -2 which is the subject of the next public hearing. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 14, 1990. Mailing to property owners within 300 feet - June 12, 1990. Posting of property June 15, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated May 7, 1990. APPLICANT'S STATEMENT: Tom Mazone, 2900 East Lincoln, Project Manager for the Heritage Project. The project is being presented in its revised form. A booklet has been submitted which describes the project. They have been working on it for nearly a year. The project meets all of staff's concerns with regard to traffic, sewers etc. There have also been three property owner meetings to address concerns of the adjacent neighbors. They are not asking for any variances. The project meets or exceeds all present codes in addition to the recently enacted code for a 25 foot landscape buffer. He then introduced the architect for the project. Craig Combs, 1535 Monrovta, Newport Beach, Architect. As a result of meeting with the homeowners and the subsequent Planning Commission meeting, revisions were made to the proposal. He then briefed the project revisions as outlined in the booklet submitted. (See The Heritage Apartment Project for Valentf and Coelho, Inc.). The project is designed per code but density has been reduced significantly from 334 units to 297 units. He elaborated on the additional revisions which included increased landscape setback, building setback, reduction in the height of the project at Magnolia Avenue, 78 excess parking stalls and an increase in the recreational-leisure area. The pro3ect will appear to be considerably open. It is a high class project attractive and well designed. The perception will be of a two story project on Magnolia and for the homeowners on the west. John Coelho, Senior Partner. He purchased the property approximately one and one half years ago - 50% is owned by the existing owner. When they purchased the property, they were not told about any downzoning which is the subject of the next public hearing. The property has been worked on, surveyed and feasibility reports and studies done on the existing zoning. Mayor Hunter opened the public hearing and asked to hear first from those in favor of the project; there was no response. He then asked to hear from those in opposition. 847 City Hall. Anaheim. California - COUNCIL MINUTES - Aumust 14. 1990. 5:30 P.M, PUBLIC DISCUSSION - IN OPPOSITION: Ruth Goode, 1359 Sheryl Street. The Planning Commission has already downzoned the property. The next public hearing should have been heard before this hearing. There are a great many apartments in west Anaheim as well as the rest of the City. The developer is asking for more than would contribute to a good quality of life for the people who live there. There is no place for children to play. She is on the Magnolia School District Board of Education and with 300 more apartments, there will be a great deal more children. The complex will also load up the infrastructure in that area. The City has to hold down the headlong movement towards slums. It is putting too many people into a small space. Bob Carter, 513 South Aaron, spokesman for the Orange Avenue Homeowners Association of approximately 2,000 members who oppose the increase in density in the west Anaheim area. The area is already plagued with serious problems. He then gave the results of a survey he took in the Crescent Avenue, Ball Road, Brookhurst, Knott Avenue area and found approximately 1,315 units currently open and renting, approximately 400 units under construction and, currently in various planning stages, another 1,300 units which does not include the approximate 2 to 3,000 older units. Further, underground parking does not work. One thing every building had in common was FOR RENT signs. Currently 30% of the housing in west Anaheim is single family - over 50% of the housing in Anaheim is rental. There is no reason to increase the density of apartments in the west end. He urged the Council to do something to encourage single family homes or projects that promote home ownership or lower density. Gary Hunnycutt, 418 South Gain. He travels Magnolia extensively and he has seen many apartments constructed since he has lived in the area (18 years) where shopping centers are constructed across the street. People do not go to the other end of the street to cross but cross in the middle of the street. Because of this, people are getting hit. He is concerned with the many apartments being built. He would like to see Anaheim continue to be a good place to live.' Mayor Hunter asked to hear from the applicant to make his summation; there was no response by the applicant. COUNCIL ACTION: Mayor Hunter closed the public hearing. CALIFORNIA ENVIRONMENTAL OUALITYACT FINDING; On motion by Councilman Hunter, seconded by Councilman Ehrle, the Council denied a Mitigated Negative Declaration and Monitoring Program on the basis that the Planning Commission 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 848 City Hall, Anaheim, California - COUNCIL MINUTES August 14. 1990. 5:30 P.M, 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-306) 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-306 for adoption denying Conditional Use Permit No. 3275. Refer to Resolution Book. RESOLUTION NO, 90R-306; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3275. 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-306 duly passed and adopted. RECESS: By general consent the Council recessed for 10 minutes (7:50 p.m.) AFTER RECESS; Mayor Hunter called the meeting to order all Council Members being present (8:00 p.m.) 134/179; CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO, 299-1 AND -2, RECLASSIFIGATION NO, 89-90-51 AND NEGATIVE DECLARATION; INITIATED BY: The City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92805 A City-initiated amendment to the Land Use Element of the General Plan redesignating subject areas from the Medium Density Residential designation to the Low-Medium Density Residential designation (Area 1) and to the Low Density Residential designation (Area 2). LOCATION - AREA 1: Approximately 24 acres consisting of those properties fronting on the west side of Magnolia Avenue beginning approximately 325 feet north of the centerltne of Lincoln Avenue and extending north approximately 1,650 feet. LOCATION - AREA 2: Approximately 1.5 acres consisting of those properties located on the south side of Yale Avenue beginning at the easterly terminus of said street and extending west approximately 665 feet to the Southern California Edison Easement. A City-initiated reclassification from the RM-1200 (Residential, Multiple-Family) Zone to the RM-2400 (Residential, Multiple-Family) or a less intense zone. 849 City Hall. Anaheim. California - COUNCIL MINUTES - Auzust 14, 1990, 5;30 P.M. LOCATION: A rectangularly-shaped parcel of land consisting of approximately 9.27 acres, having a frontage of approximately 662 feet on the west side of Magnolia Avenue, having a maximum depth of approximately 611 feet and being located approximately 160 feet south of the centerline of Baylor Circle and further described as 425 North Magnolia Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 299-1 and -2 APPROVED (PC90-104) (7 yes votes). Reclassification No. 89-90-51 GRANTED (PC90-105) (modified to RM-3000). Approved Negative Declaration. HEARING SET ON: This matter was set for a public hearing necessitated by the General Plan Amendment and hearing continued from the meeting of July 10, 1990 to this date to be heard in conjunction with Conditional Use Permit no. 3275 (see previous item on today's agenda). PUBLIG NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 28, 1990 Posting of property June 29, 1990 Mailing to property owners within 300 feet - June 27, 1990 PLANNING STAFF INPUT: See staff report to the Planning Commission dated June 4, 1990. Jonathan Borrego, Associate Planner. This General Plan Amendment is in conjunction with the on-going housing study and involves two separate study areas as indicated above. One was the property just discussed under the foregoing item (D1) recommending Medium Density Residential to Low-Medium Density designation. In addition there was a reclassification proposed. Staff's original recommendation was a rezontng from RM-1200 to the RM-2400 zone. The Planning Commission elected to downzone even further to the RM-3000 zone. On the second study area of 1.5 acres, staff recommended a General Plan Amendment to the Medium Density Residential designation to the Low Density Residential designation which would be consistent with the existing zoning which is single family RM-7200 and also with the existing land uses. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION IN OPPOSITION: John Coelho. He is the owner of the 9.2 acres. His partner has owned the property since 1957. They would like to keep the property at the existing zoning and not have it downzoned. PUBLIC DISCUSSION - IN FAVOR: Gary Hunnycutt. He would like to see the property downzoned. It is important to keep quality of life as is and bettering it to create an atmosphere that encourages young people to stay in Anaheim. 850 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. COUNCIL ACTION: There being no further persons who wished to speak Mayor Hunter closed the public hearing. Councilman Daly then posed questions to staff relative to the Planning Commission's thinking in rezoning the property to the RM-3000 zone. Councilman Ehrle. He fully supportsthe downzoning but also believes there should be some consideration given to land owners who have owned their property for years and are now caught in the downzontng taking place on many properties. If downzoned from apartments to single family ownership in the RM-3000 zone they should be given consideration for an extra unit or two. He does not want to get to the point where they tell the development and building community to go some other place. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-307 and 90R-308) Councilman Hunter moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-307 for adoption approving General Plan Amendment No. 299-1 and 299-2 and Resolution No. 90R-308 for adoption approving Reclassification No. 89-90-51 to the RM-3000 zone. Refer to Resolution Book. RESOLUTION NO. 90R-307: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NOS. 299-1 AND 299-2, EXHIBIT "A". (Low-Medium Density Area 1; Low Density Area 2.) RESOLUTION NO, 90R-308; A RESOLUTION OF THE CITY COUNCIL OF THE GITY 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. (RM-3000.) 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-307 and 90R-308 duly passed and adopted. 851 City Hall. Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. 134; CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 304 AND NEGATIVE DECLARATION: INITIATED BY: The City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92803 A City-initiated amendment to the Land Use Element of the General Plan redesignating subject area from the Medium Density Residential designation to the Low-Medium Density Residential designation. LOCATION: The property is located at 3238-3302 West Ball Road. Subject area consists of those 2 parcels having a combined area of approximately 3.88 acres, on the south side of Ball Road approximately 495 feet west of the centerltne of Western Avenue. ACTION TAKEN BY THE PLANNING COMMISSION; GRANTED (PC90-112) (7 yes votes). Negative Declaration approved. General Plan Amendment No. 304 HEARING SET ON: The public hearing was required due to the General Plan Amendment and public hearing scheduled and continued from the meeting of 3uly 10, 1990 to this date to be heard in conjunction with Reclassification No. 89-90-97. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 28, 1990 Posting of property June 29, 1990 Mailing to property owners within 300 feet - June 27, 1990 STAFF INPUT: See staff report to the Planning Commission dated May 7, 1990. Jonathan Borrego, Associate Planner. The proposed action involves a redesignation from the Medium Density Residential designation to the Low-Medium Density Residential designation. It was approved by the Planning Commission on the basis that these parcels are surrounded on all three sides by single family residences and the properties are zoned RS-7200. The Planning Commission approved the General Plan Amendment that directed staff to initiate a zoning reclassiftcatt0nwhich is the next item to be discussed under public hearings from RS-A-43,000 to the RM-3000 zone in the hopes of encouraging condominium development on those properties in the future. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak. Dr. John Baird, 3239 West Ravenswood. He is concerned with the building of so many condominiums and apartments. Driving down Ball Road from Western to Walnut he discovered 30 apartments with, Apartment For Rent signs. There are four condominiums in that area each with a FOR SALE sign. They do not need more apartments along Ball Road. He sees no reason why they cannot 852 City Hall. Anaheim. California - COUNCIL MINUTES - Aumust 14. 1990. 5:30 P.M. continue zoning for single family homes. He urged the Council to rescind the RM-3000 and try to hold to single family residences. COUNCIL ACTION: There being no further persons who wished to speak Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-309) 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-309 for adoption approving General PLan Amendment no. 304, Exhibit "A". Refer to Resolution Book. RESOLUTION NO, 90R-309; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 304, EXHIBIT "A" (Low-Medium Density Residential.) 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-309 duly passed and adopted. 179: PUBLIC HEARING - RECLASSIFICATION NO. 89-90-57 AND NEGATIVE DECLARATION; INITIATED BY: The City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92803 LOCATION/REQUEST: The property is located at 3238-3302 West Ball Road. It is approximately 3.88 acres consisting of those 2 parcels located on the south side of Ball Road, approximately 495 feet west of the centerline of Western Avenue. This is a City-initiated reclassification of the subject properties from the RS-A-43,000 Residential Agricultural zone to the RM-3000 Residential, Multiple-Family or a less intense zone. 853 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1990, 5:30 P.M. ACTION TAKEN BY THE PLANNING COMMISSION; Reclassification No. 89-90-57 GRANTED (PC90-142). (5 yes votes, 2 absent) Approved Negative Declaration. HEARING SET ON: The public hearing was requested by staff at the meeting of June 26, 1990 to be heard in conjunction with General Plan Amendment No. 304 (item D3 on today's agenda). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 28, 1990 Posting of Property June 29, 1990 Mailing to property owners within 300 feet June 27, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated May 7, 1990. Mayor Hunter opened the public hearing and asked if anyone wished to speak to the subject reclassification; there being no response he closed the public hearing. Councilwoman Kaywood. On a busy street such as Ball Road, single family residences will not sell. It is necessary for people to start ownership with condominiums. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-310) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-310 for adoption approving Reclassification No. 89-90-57 to the RM-3000 zone. Refer to Resolution Book. RESOLUTION NO. 90R-310: 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. 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-310 duly passed and adopted. 854 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. 134/179; GENERAL PLAN AMENDMENT NO, 312, RECLASSIFICATION NO, 90-91-01. 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/REQUEST: The property is located at 1575 West Katella Avenue and is approximately 2.2 acres located on the north side of Katella Avenue and being located approximately 314 feet east of the centerllne of Carnelian. The petitioner requests an amendment to the Land Use Element of the General Plan proposing a redesignation from the existing Commercial Professional designation to Low-Medium Density Residential and a change in zone from CL to RM-2400. This is 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. HEARING SET ON: The matter was set for a public hearing due to General Plan Amendment No. 312 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 2, 1990 Posting of property August 3, 1990 Mailing to property owners within 300 feet - August 1, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated July 2, 1990. Phtlltp Schwartze, PRS Group, 14841 Yorba, Tusttn. He referred to the 23-unit project previously presented to the Council which they approved, the plan for which was posted on the Chamber wall. The subject project is essentially the same with the same waivers. The Council had suggested that the applicant possibly join with the adjacent property owner on a project. Mr. Monshizadeh did acquire an additional piece of property and is proposing a modification of the previous project to a larger expanded project by acquisition of the other properties resulting in a 40-unit project. He also submitted color renderings, a site plan and an elevation of the proposed 855 City Hall. Anaheim. California - COUNCIL MINUTES - August 14, 1990, 5;30 P.M. architecture. Some dramatic improvements have been made to the architecture. The just-submitted site plan is the one proposed which shows decorative brickwork, walls, landscape materials and specimen tree possibilities, etc. There is an increase of landscaping which will be available only if there is a reduction in parking but there is no waiver advertised. The site plan before the Council with the exception of the expanded open space, which would be in the reduction of parking, is that which is before the Council this evening. The waivers are similar to those granted in the original use permit. Councilman Daly asked if there was a chance the project might again expand one more time; Mr. Schwartze answered yes; however, but it might require a General Plan Amendment since it is zoned in the General Plan for commercial and professional. Discussion followed between Council, staff and Mr. Schwartze relative to the landscape buffer setback adjacent to single family homes which is supposed to be 20 feet and the project is only 2 feet. Mr. Schwartze stated in the interim the code was amended where normally there would be a 20-foot setback between there and the adjoining single family homes. Since this is an expansion, they are essentially continuing with the same footprint. There is not a 20 foot-densely landscaped area. From the property edge to the back of the units it is between 60 to 70 feet. He also explained that the applicant proposed an additional alternative site plan posted on the right of the Chamber wall. That would be to add additional landscaping on the eastern boundary and also on the center island, but the way the site plan is laid out it would require a reduction of parking to the point where it would require a waiver. Mayor Hunter opened the public hearing. Sheryl Tewell, 2549 West Orange. She is not familiar with the project but listening to the request for waivers and viewing the drawings she questioned where the children are going to play and where are the guests going to park. She is concerned with all the waivers being requested. She cannot imagine anyone wanting to buy into the project, live in it and consider it quality living. She asked the Council to consider denying the waivers. Hutch Hutchinson, 2899 Baker Street, Costa Mesa. He is representing the sellers adding the two new parcels. In discussing waivers, just to the east commercial was built within 10 feet of the property line. This is a project much easier on the residents than a motel or high rise commercial. Councilwoman Kaywood. She has just been handed a letter from Mel Lopez, Superintendent of the Anaheim City School District commenting that the District does not now have space for elementary age school children who might move into the units. 856 City Hal~, Anaheim. California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. Gary Hunnycutt. The project is proposing too many units on the property and not allowing for the people living there a place for children to play. He believes it could be developed well with lesser units and better use of space. Anntka Santalahti, Zoning Administrator. She explained that the project is right at code with a maximum of 18 units per acre. Her recollection was the last one was exactly the same way. SUMMATION BY APPLICANT: Phil Schwartze. After commenting on some of the concerns raised, he concluded that the project has been improved from the past plan. He is requesting approval of the General Plan Amendment, Reclassification and the Conditional Use Permit with waivers as requested. COUNCIL ACTION: There being no further persons who wished to speak Mayor Hunter closed the public hearing. Councilman Daly. He asked if the applicant would be willing to stipulate to planting full sized trees - specimen trees along the back edge of the property - extra landscaping beyond the 2 feet he proposed with height; Mr. Schwartze answered yes. Councilman Daly. He asked if staff will review any final landscape plans; Annika Santalahti. They did submit a landscape plan and proposed Cypress trees on 20 foot centers and 24 inch boxes. She is assuming Councilman Daly means a tree that bushes out. They would have to come up with a species that would be a broad head type; Mr. Schwartze again stipulated to that. Councilman Pickler. This piece of property has been before the Council for 7 or 8 months. Initially area residents complained about all of the things proposed, but when they found out that condominiums were going to be built, they felt it was something they could live with. Condominiums are needed in the City and these will be in a range where young people can get a start in home ownership. Mayor Hunter. There have been approximately 5 public hearings on this property/project and all the residential neighbors were present. They had meetings with the developer and finally all the residents bought off on the project. They would be remiss in voting against the project now only to have, for example, a medical center built according to code 5 stories high and 10 feet from the back wall. Councilman Daly. Relative to landscaping, the Planning Department will do the final sign off on the plan which he assumes they will not approve unless it is acceptable. 857 City Hall, Anaheim, California - COUNCIL MINUTES - Auzust 14. 1990. 5:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-311 through 90R-313, both inclusive) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-311 for adoption approving General Plan Amendment No. 312, Exhibit "A", Resolution NO. 90R-312 for adoption approving Reclassification No. 90-91-01 and Resolution No. 90R-313 for adoption granting Conditional Use Permit no. 3299 including stipulations regarding planting of specimen trees by the back wall with the Planning Department to approve the final landscape plan and subject to all interdepartmental recommendations. Refer to Resolution Book. RESOLUTION NO, 90R-311: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PI~N DESIGNATED AS AMENDMENT NO. 312, EXHIBIT "A". (RM-2400.) RESOLUTION NO, 90R-312; 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-313; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3299. 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-311 through 90R-313, both inclusive, duly passed and adopted. 134/179, PUBLIC HEARING - WAIVER OF CODE REQUIREMENT. GENERAL PLAN AMENDMENT NO, 297, RECLASSIFICATION NO, 89-90-50, CONDITIONAL USE PERMIT NO. 3252 AND NEGATIVE DECLARATION: OWNER: Jerome Marks Trust, Sherrie Robertt Marks Trust 1080 Park Newport Newport Beach, California 92660 858 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. AGENT: Dividend Development Corporation Attention: Jim Medall 700 Yanacio Valley Road, #360 Walnut Creek, California 94596 LOCATION/REQUEST: The property is located at 2144 West Lincoln Avenue and is approximately 6.47 acres located on the south side of Lincoln Avenue and approximately 102 feet west of the centerline of Empire Street. The request is for an amendment to the Land Use Element of the General Plan proposing a redestgnation of the northerly 1.14 acres of subject property having frontage on Lincoln Avenue (Portion A), the southwesterly 2.6 acres of subject property (Portion B), and the southeasterly 2.62 acres of subject property (Portion C) from the respective existing General Commercial, Low Density Residential and Low-Medium Density Residential General Plan Land Use designations to the Medium Density Residential Land Use designation. Portion A from PD-C to RM-1200, Portion B from CL to RM-1200 to permit a 3-story, 226-unit deck-type housing apartment complex with waiver of minimum landscape setback. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 297, Reclassification No. 89-90-50 and Conditional Use Permit No. 3252 DENIED (PC90-152, 153 and 154). Negative Declaration DENIED (4 yes, 2 no). General Plan Amendment No. 297 DENIED (5 yes, 1 no). Reclassification No. 89-90-50 DENIED (5 yes, 1 no). HEARING SET ON: A letter of appeal was submitted by the agent, James M. Medall, Dividend Development, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 2, 1990. Mailing to property owners within 300 feet August 1, 1990. Posting of property August 3, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated June 18, 1990. APPLICANT'S STATEMENT: Jim Medall, Dividend Development. He referred to the booklet ~ubmitted which contained pictures of a project, aerial views, parking garage plan, deck plan, preliminary landscape plan, etc., that the development team and he had worked on, S,,mmerhill Plaza, which is the project the City used as the "ruler" for creating the new Deck Housing Ordinance to which they designed their project. The project is now revised to 214 units which lowers the density to 33 units per acre, eliminates the variance and increases the setback to the east side to 80 feet to the people who live on Empire. They have spent considerable time working with the neighbors on their concerns. They have done a traffic warrant study which indicates no traffic increase from the existing use. The existing zoning on the rear against the single family allows up to 36 units to the acre apartments to be built without a public hearing. The project has been designed under the City's new Deck Ordinance. It conforms to all codes 859 City Ha~l, Anaheim, California - COUNCIL MINUTES - August 14, 1990, 5;30 P,M, and requires no waivers. The neighbors and Planning Commission would like to see a lower density. If their 33 unit per acre proposal is not going to be acceptable, they would like to return to the Planning Commission to work on a lower density project that would make everybody happy. They would prefer to come back with a home ownership project. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION IN FAVOR: None. PUBLIC DISCUSSION IN OPPOSITION: Elizabeth Gurlach, 2117 Hiawatha. She is speaking for her family and neighbors. She opposes the granting of a Conditional Use Permit because they are overbuilt in west Anaheim. Every apartment complex has vacancies. Building 226 apartments is way out of line. They have lived there since 1965. It is time to stop and think. They need more businesses and houses. There is not any land for more schools. There are many apartments around the area which are "choking" them. Surrounding land uses are causing a great deal of traffic. They want peace and quiet and safety. They also do not know what to expect on the bowling alley property. They do not want more apartments in the area. Jim Krueger, 205 Empire (20 years). The developer started with 200 apartments, they came back with 226 after the Planning Commission asked them to reduce density and now it is 214 units. It is important to maintain quality of life. One of the Planning Commissioners suggested looking at rezoning the property to put the issue to bed. He (Krueger) suggests going to something like RS-3000 and he urged the Council to analyze what is the best use of the land in that area rather than what someone wants to build there. Establish how the land should be used and go from there. Bob Carter, 513 South Aaron Boulevard, Orange Avenue Homeowners Association. The Association is against the project as it stands now. They suggest that the Council look at RS-3000 zoning and build within that code. Anything more dense would be a disaster. Mayor Hunter. There is still a big open field involved and rather than ptecemealtng with 2 or 3 pieces, he feels it would be better to look at some type of dow-nzontng and have a complete public hearing at the Planning Commission level. He would prefer that rather than having the Council decide the best land use whether it be RS-3000 or 5000, etc. Jim Medall. The project was designed to the new handicapped standards and has the elevators. There has also been misinformation. The neighbors have felt all along that this was an affordable project. It is not - it is market housing. Relative to vacancies, in reading a recent rent survey, rents 86O City Hal~, Anaheim, California - COUNCIL MINUTES - Aumust 14. 1990. 5:30 P.M. have been steadily increasing in Anaheim and that would not occur if there were a high vacancy rate. They would like to work with the City Council, Planning Commission and neighbors. The west side needs some revitalization. Dividend is trying to come up with private money to pump into the area to bring in high rents. The studio units will be renting for $800 and two bedroom units up to $1200. The Planning Commission and the neighbors felt 160 units on the site would be acceptable. That would be the number they would be working toward for either home ownership or rental - nothing more or less, unless people are changing their minds again. Councilwoman Kaywood. She asked if they had considered something with commercial on the frontage. Jim Medall. They would like to take a look at the feasibility of doing that. Commercial is dead right now in west Anaheim. The Home Depot that is coming to the area is going to put a lot of small businesses out of business. The owners of the "White Square" as shown on the map wanted apartments to go in so they would have some people to use their commercial. They are looking for direction. He reiterated they would like 160 units. Anything less than that, they may end up with a dead site on their hands. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilman Pickler. The area does need revitalization. He would like to see the project go back to the Planning Commission and then come back with home ownership and possibly lesser units. City Attorney White. He suggested as an alternative that the Council consider denying the application and then the applicant can submit a new plan which accomplishes the same result back at the Planning Commission level. There is a Jurisdictional problem. Since it is now in front of the Gouncil, the Gouncil would continue to have jurisdiction even if it were sent back to the Planning Commission which would be to the detriment of both the applicant and residents to be bounced back not only to the Planning Commission, but would automatically have to come back to the Council again. By acting to deny, it will go back with a new project at the discretion of the applicant and in accordance with his own timing at the Planning Commission and then have a new hearing and it may or may not come back to the Council. He confirmed for Councilwoman Kaywood that it can be denied without prejudice. Jim Medall. They would have no objection, if the City Council has none, to submit their plan to the Council directly; Council consensus was that would not be acceptable to the Council. 861 City Hall, Anaheim, California - COUNCIL MINUTES - Auzust 14, 1990, 5:30 P.M. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Councilman Hunter, seconded by Councilman Ehrle, the Council denied the Negative Declaration on the basis that the Planning Commission has considered the proposal with the Negative Declaration 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 - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-314 through 90R-316, both inclusive) 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-314 for adoption denying General Plan Amendment No. 297, Resolution No. 90R-315 for adoption denying Reclassification No. 89-90-50 and Resolution No. 90R-316 for adoption denying Conditional Use Permit No. 3252 without prejudice. Refer to Resolution Book. RESOLUTION NO, 90R-314; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 297. RESOLUTION NO, 90R-315; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO 90R-316; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3252. 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-314 through 90R-316, both inclusive, duly passed and adopted. 179, PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3269 AND NEGATIVE DECLARATION, DELETION OF CONDITION NOS. 10 AND 12 (RESOLUTION NO, 90R-197); LOCATION: 501 - 509 South Brookhurst Street. Property is approximately 260 feet north of the centerline of Orange Avenue. REQUESTED BY: Chanh Ngoc Nguyen 16572 Mount Neota Fountain Valley, California 92708 Petitioner requests deletion of Condition Nos. 10 and 12 of Resolution No. 90R-197 which granted Conditional Use Permit No. 3269 at the City Council 862 City Hall. Anaheim. California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. meeting of June 12, 1990. Conditional Use Permit No. 3269 is to permit expansion of a public dance hall with on-premises and consumption of alcoholic beverages, in an existing restaurant "The Ritz" PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 2, 1990. Mailing to property owners within 300 feet - August 1, 1990. Posting of property August 3, 1990. STAFF INPUT: See staff report dated August 6, 1990 from the Zoning Administrator. Anntka Santalahti, Zoning Administrator. There were 2 conditions of concern to the applicant when they saw the resolution. One of the conditions as recommended by staff had been corrected for deletion, Condition No. 10 pertaining to lot line adjustment plot which is not necessary. The other related to the sale of on-sale alcoholic beverages in connection with a restaurant which is the way the Council approved it. The applicant did not make clear his request at the public hearing. They have gone back and forth on ABC licenses and others as well and she believes there might be people in the audience because they have received a number of phone calls regarding the change. She confirmed that staff recommends deletion of Condition 10. She clarified further that relative to Condition 12 the way that staff understood the on-sale liquor would be in connection with sit-down dining. That is not what they wanted. The Business License history and ABC history is not consistent. What they want is to have the on-sale alcoholic beverages in connection with the public dancing and not limited to sit-down meals. She understands ABC does not consider the way they have handled it as sit-down meals because it is not a full food service. City Clerk Sohl. In addition, they have advertised changes in hours of operation and in doing so there was a typographical error. The hours the applicant is requesting are as follows: Fridays 9:00 p.m. to 1:30 a.m., Saturdays 9:00 p.m. to 1:30 a.m., Sundays 9:00 p.m. to 12:30 a.m., holidays 9:00 p.m. to 1:30 a.m. She believes the Fridays were advertised 9:00 p.m. to 1:00 a.m. Chanh Ngoc Nguyen. He represents The Ritz dance hall. They agree with the recommendation and are asking the Mayor and Council to approve what has been recommended by the Planning Commission. Mayor Hunter stated Mr. Nguyen's comment seems to confuse the situation. Rodolfo Montejano, Attorney, speaking for the applicant. The application for the Conditional Use Permit was granted by the Council at the last hearing. There was some inconsistency or ambiguities in the resolution from the application. Something 863 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. was lost in the translation concerning deletion of Conditions 10 and 12 and the hours of operation. They want deletion of Conditions 10 and 12 and a re-affirmation of hours of operation. At the Planning Commission level, request was made in accordance with the application for modified hours of operation. When it came to the Council it was not made clear but when the Council approved the CUP and Application it apparently approved the modified hours of operation. The staff recommendation before the Council covers all 3 points. It recommends a deletion of items 10 and 12 and also covers the issue of the modified hours of operation. Apparently there is no need to take any further action on the part of the Council. Mr. Nguyen was agreeing with the written staff recommendation. Mayor Hunter asked if anyone wished to speak. Ian White, 9871 Teresa. The Conditional Use Permit would grant them the opportunity to have a restaurant that served liquor on the premises. The owners are now requesting deletion of the food. He has a petition signed by 65 neighbors who are opposed to that deletion. It will only increase the noise factor in the neighborhood. They are also very much opposed to the extension of operating hours. He asked if a decibel reading was ever taken since the noise factor is extreme and a definite nuisance to the residential neighborhood. He clarified for Councilwoman Kaywood that there is no question the noise is coming from The Ritz. Tamara Martin, Archer Street. There is a problem with that whole strip. The petition submitted in favor at the last hearing of over 300 signatures were not taken in the immediate neighborhood. There was only one neighbor in the cul de sac behind them. She has petitions from her street and also Police reports that she would like to submit. The Ritz is a part of the problems that exist in the neighborhood. She then gave some dates when the Pink Cadillac was closed but The Ritz was open when the noise kept her awake. One date was April 5th, a Thursday, when it is not supposed to be open during the week. On occasions she has gotten into her car and gone around to the front of the establishment and watched to see which places were open and which were not. On all of those dates she referenced, the Pink Cadillac was not open. She relayed other concerns relative to parking, the fact that the area is one of the most blighted in the City, security, etc. It will always be her contention that this type of business should never be allowed in a residential neighborhood. If she were to sell her house, under the disclosure provisions, she would have to inform a prospective buyer of the situation. Rosindo Usaraga, 2043 West Embassy. He walks that area. He has had trouble with people drinking on the parking lot. 864 City Hall. Anaheim. California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. Martin Marsh, 9862 Teresa Avenue, west side behind The Ritz. He assumes there is some accoustic noise level that businesses are not to exceed. (Miss Santalahti confirmed that it was 60 db CNEL at the property line.) He continued that it gets pretty noisy. If people are eating, dancing and having a drink it would be fine, but if only a dance hall where there is only drinking and dancing it will only increase the noise level. City Attorney White. The request is to delete Conditions 10 and 12. This is the only portion before the Council tonight. It is not an appeal of a Planning Commission item. It is not a re-hearing but an application to amend two specific conditions. The only way the Council could obtain jurisdiction again over the entire Conditional Use Permit would be to notice a hearing to consider revocation of the permit. The notice that went out and the application that was filed was specifically to amend two conditions and there is no dispute or controversy relative to Condition 10. The only controversy is on 12 which requires that a restaurant be provided in connection with alcoholic beverages - whether this should be deleted and allowed to go forward with alcoholic beverages without the sale of food items. Rodolfo Montejano. The applicant is the lessee and not the owner of the property. They opened the business 6 years ago. It was a public dance hall and not a restaurant. He referred to the exhibit attached to his letter. They have had two prior Conditional Use Permits and have operated the same way for the last six years, without a kitchen. There never was a full service restaurant but they do serve food items. They are asking to be allowed to continue what they have been doing for the last six years and apparently without incident with the neighborhood and Police. There was no reason for the condition to be included since it was not in the last two CUPs at all but it showed up at this time. It was an error on the part of the staff and not caught at the last hearing. This is merely a procedural housekeeping item and not a substantive request. In terms of hours of operation - security is out there until 1:30 a.m. If they are not there at 12:30, something is wrong. It was mentioned that The Ritz was open March 26th which is a Monday and referenced to hours of operation April 5th and llth, a Wednesday and Thursday. The Ritz is only open Friday, Saturday and Sunday so whatever problems were noticed on March 26th, April 5th and April llth could not have come from The Ritz. The modified hours of operation were approved when the Council approved the prior Conditional Use Permit at the last hearing and they concur with that. Instead of opening at 8:00, they are opening at 9:00 and extending Friday and Saturday 30 minutes until 1;30 a.m. but cut back on Sunday from 1:00 a.m. to 12:30 a.m. 865 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1990, 5:30 P.M. Councilwoman Kaywood. She has a problem with the request. It abuts single family homes and there has been a problem with noise in the neighborhood. She would not be willing to allow them to be open an additional one hour or one-half hour and holidays. It is not fair to the residents. She thought it was a restaurant, but serving alcohol without food she would not have approved it. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilman Pickler. The area is run down but it is not due to The Ritz. The area is a conglomeration of eating and drinking places he would like to see cleaned up. He has always felt that the City should annex that piece of property because then the City would have control over it. As he explained at the previous meeting, he went to the establishment and was impressed with the operation. He would like to see all the other businesses run like The Ritz. If security is extended, it would help in keeping the area more quiet. The surrounding property in that strip is a mess and The Ritz is a paradise in comparison. When he went to The Ritz, he went around to the back when they were playing music and he heard nothing. The back door was not open. He does not know how the noise could generate from the front. He has no problem with that operation. He asked the applicant if they would consider extending security to one half hour beyond closing. Rodolfo Montejano. They would so stipulate. Discussion then followed between Council, staff and Mr. Montejano relative to hours of operation, the previous Conditional Use Permits on the businesses, the reasons why the conditions were included and the resolution etc. At the conclusion of discussion and questioning, City Attorney White stated he believes that the only resolution and only Conditional Use Permit that is germane today is Conditional Use Permit No. 3269. That permit when ~ranted was ~ranted for the purpose of covering this project and required as a condition that CUP No. 3044 be terminated. It was contemplated that there would only be one CUP on this project - CUP No. 3269. The resolution covering CUP No. 3269 is the exclusive resolution covering the matter. That resolution does not contain hours of operation. However, because of the way tonight's hearing was noticed, Council has the ability to establish hours of operation for this use if they want to. Other than Condition 10, 12 and hours of operation, the Council does not have jurisdiction tonight to re-open the entire issue of the CUP as previously approved. At a later time the Council can set a hearing, giving notice if they wish to consider termination or modification 866 City Hall, Anaheim, California - COUNCIL MINUTES - Aumust 14. 1990. 5:30 P.M. other than those 3 items. Further, if the Council does not delete Condition 12, it will require that food be served by providing this use in conjunction with a restaurant. Councilman Pickler. He requested that he would like security to stay one-half hour later or in essence that security stay in the parking lot until it is empty. Rodolfo Montejano. They will instruct security at minimum to stay one-half hour. If the parking lot is not clear, they will stay as long as necessary. They will gladly make that a condition. Councilman Pickler added he would also ask that staff take a reading of the decibles in the area and report back to the Council on the situation within the next 2 to 3 months. Councilman Pickler also clarified for Councilman Daly that somehow the City should pick up the county property that is embodied within Anaheim, annex the property, and in that way the City would have some control. Councilman Daly. If Councilman Pickler wants to ask staff to explore that, he would be happy to second that. He has felt that way for 15 years. He is concerned relative to that whole strip of property; Councilman Pickler. It is the so-called "Gaza" strip. It has been a concern for many years. If they can get the people to approve to an annexation, he feels that strip belongs in the City. Councilman Daly. It is between two jurisdictions - the City and the County. He agrees with Councilman Pickler to ask staff to prepare a report relative to annexation proceedings. Councilwoman Kaywood. She also asked that the neighbors keep the City informed if there is a change in the noise level, if it is continuing now to 1:30 instead of 1:00 a.m. She does not know if annexation proceedings would make a difference because the bulk of the area is in Anaheim. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-317) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. 867 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990. 5:30 P.M. Councilman Pickler offered Resolution No. 90R-317 for adoption, approving deletion of Conditions 10 and 12; security to stay until parking lot is empty; hours of operation are to be 9:00 p.m. to 1:30 a.m. Friday, Saturday and holidays and 9:00 p.m. to 12:30 a.m. Sundays. Refer to Resolution Book. RESOLUTION NO, 90R-317: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3269 AND AMENDING RESOLUTION NO. 90R-197. ROLL CALL VOTE: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler and Hunter Daly and Kaywood None The Mayor declared Resolution No. 90R-317 duly passed and adopted. 103; PUBLIC HEARING - WAIVER OF THE HILLSIDE GRADING ORDINANCE AS IT RELATES TO THE LOCATION OF LOT LINES ADJACENT TO SLOPES, SECTION 17.06.110.02 AND TABLE 17-A (GRADING PLAN 1400), ENVIRONMENTAL IMPACT REPORT NO. 33 CPREVIOUSLY CERTIFIED), SPECIFIC PLAN NO, 90-01 REQUEST OF WAIVER OF SLOPE SETBACK (TITLE 17 - SECTION 17.06.110): REQUESTED BY: TrAmmel Crow 3120 Chicago Avenue, Suite 170 Riverside, California 92507 Petitioner requests waiver of slope setback for property located at the southwest corner of Santa Aha Canyon Road and Roosevelt Road (Anaheim Hills Festival). ACTION TAKEN BY THE pLANNING COMMISSION: Recommended for approval by the City Council. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 2, 1990. Mailing to property owners within 300 feet - August 12, 1990. Posting of property August 3, 1990. STAFF INPUT: See staff report dated June 28, 1990 from the Director of Public Works/City Engineer recommending that the waiver be granted subject to the approval by the City Attorney of (1) The Anaheim Hills Festival GG6~Rs and, (2) an amendment to the existing Slope Maintenance Agreement. Art Daw, Deputy City Engineer. This is a request of Tr-mmel Crow for waiver of the Hillside Grading Ordinance as it relates to property lines within the slope. Staff has recommended approval subject to 2 conditions and he would like to add another item at this time - that conditions should be completed prior to certification of the final grading. Mayor Hunter opened the public hearing. 868 City Hall, Anaheim. California - COUNCIL MINUTES - Aumust 14. 1990. 5:30 P.M. Brad Geter, Trmmmel Crow, 625 The City Drive, Orange. He wants to clarify some language as part of one of the conditions of approval, that being the approval of an amendment to the existing slope maintenance agreement. It would adjust the imaginary demarcation line that separates their maintenance responsibility from the maintenance responsibility of the adjacent property owner and make it consistent with the new grading plan. They would like that to be contingent upon final certification of the grades unless a letter from the adjacent Homeowner's Association is submitted indicating an amendment to the agreement is not desirable in which case they would propose the existing slope maintenance agreement remain in full force and effect. This demarcation line is an imaginary one and the intent is to have that line follow a slope bench so it is easily identified physically but they do not want it to be an issue that holds up the development of the property. Art Daw. Engineering has no real objection to that. The only difference, there would not be a clear delineated area of responsibility to point at on the ground. It is his understanding and the intent of Trammel Grow and the Homeowners Association to utilize the same contractor for maintenance so from that standpoint it appears to be no problem. Councilwoman Kaywood asked if there would be a problem on who pays what part of the bill. Art Daw. It would be through negotiations to be worked out between the two parties. The only real problem, if there was some slope failure, there might be some debate who had the responsibility to fix it. He reiterated it would be between the Homeowners Association and Trammel Crow. Brad Geier. It is his strong suspicion that the Homeowners Association will be in favor since the revised demarcation line will actually obligate Trammel Crow to maintain more property. The imaginary line is very close to being identical in both cases. There being no further persons who wished to speak Mayor Hunter closed the public hearing. City Attorney White. He assumes if Council approves it will be in accordance with staff's recommendation requiring the condition of a maintenance covenant be recorded. ENVIRONMENTAL IMPACT REPORT; On motion by Councilman Hunter, seconded by Councilwoman Kaywood the City Council certified Environmental Impact Report No. 300 (previously certified) as being in compliance with the California Environmental Quality Act and City and State guidelines as recommended by the City Planning Commission. MOTION CARRIED. 869 City Hall, Anaheim, California - COUNCIL MINUTES - August 14. 1990, 5:30 P,M, MOTION: Councilman Hunter moved to approve the request of Trammel Crow for waiver of the Hillside Grading Ordinance as it relates to the location of lot lines adjacent to slopes - Grading Plan 1400 - subject to the two conditions as set forth in report dated June 28, 1990 from the Public Works/Engineering Department which requires the condition of the Maintenance Covenant be recorded and also the additional condition that conditions should be completed prior to certification of the final grading. Councilman Pickler seconded the motion. MOTION CARRIED. RECESS CLOSED SESSION: Councilman Hunter moved to recess to closed session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (10:25 p.m.) AFTER RECESS; The Mayor called the meeting to order all Council Members being present. (11:20 p.m.) ADJOURNMENT; Councilman Hunter moved to adjourn. seconded the motion. MOTION CARRIED. (11:21 p.m.) LEONORA N. SOHL, CITY CLERK Councilwoman Kaywood 870