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1990/09/25125 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT= COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter ABSENT= COUNCIL MEMBERS= None PRESENT: ASSISTANT CITY MANAGER= Jim Armstrong ASSISTANT CITY ATTORNEY= Robert Franks CITY CLERK= Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PROPERTY SERVICES MANAGER= Robert ZurSchmiede A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:55 p.m. on September 21, 1990 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION: Assistant City Attorney Robert Franks 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. AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:35 p.m.) 950 126 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. INVOCATION: A Moment of Silence was observed in lieu of the invocation. FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: "Juvenile Diabetes Day in Anaheim," October 6, 1990, "Breast Cancer Awareness Month in Anaheim," October, 1990, "Escrow Month in Anaheim," October, 1990, "Harvest Festival Day in Anaheim," November 23, 1990. Judy Harkins accepted the Juvenile Diabetes Day proclamation; Susan Buhite accepted the Breast Cancer Awareness proclamation; Anna Burden accepted the Escrow Month proclamation. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council to be presented to Gene Autry on the occasion of his 83rd birthday on September 27, 1990. 119: PRESENTATION - RECOGNIZING CITY TREASURER - MARY TURNER: Mayor Hunter acknowledged the City Treasurer and he, along with all Council Members, presented her with the service award which was awarded to her by the Municipal Treasurer's Association of the United States and Canada. Anaheim was the only California City to receive the Certificate of Excellence Award under the investment policy certification program. The award was bestowed upon Mrs. Turner during the Association Convention held in August in Anaheim. It is a very prestigious award and recognizes excellence in internal investment guidelines. The Mayor and Council Members congratulated and commended Mrs. Turner noting her contribution to the City and citizens of Anaheim. 119: PRESENTATION - ANAHEIM FAMILY CARE CONSORTIUM ACTION PLAN: Steve Swaim, Superintendent of Community Services noted that last year the City Council approved the Human Needs Assessment and Action Plan. They also received a $20,000 grant from the State Department of Education to hire a consultant to develop a community-wide consortium in Anaheim. The concept has changed from child care to family care allowing them to also deal with senior citizens dependent care issue. He referred to the brochure submitted to the Council which consisted of a directory of child care resources, a booklet intended to go to corporations to show who might be able to deal with employee family care issues and the Anaheim Family Care Action Plan for 1990 through the year 2000. He introduced the City's Child Care Coordinator, Kelley Hogrefe. Kelley Hogrefe. She presented the Anaheim Family Care Action Plan 1990 supplemented by slides (see the Action Plan - made a part of the record - which listed ten issues, goal and implementation strategies). The issues dealt mostly with child care, i.e., the lack of infant/toddler child care programs, lack of before and after school child care programs, lack of awareness of 951 123 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. family care options, etc. Implementation strategies for some of the issues are already in place and the time frame completion for others were listed in the plan. After the detailed presentation, Mr. Swaim introduced members of the consortium who were present in the Chamber audience. Mayor Hunter, on behalf of the Council commended the consortium and staff for a job well done thus far and in carrying out implementation of the strategies proposed to address family care issues and needs in the City of Anaheim into the future. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,217,579.00, in accordance with the 1990-91, budget was approved. WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following resolutions and ordinance were read by the Assistant City Manager. (Resolution Nos. 90R-364 through 90R-366, both inclusive, for adoption; Ordinance No. 5175 for adoption) Councilwoman Kaywood moved to waive reading of the resolutions and ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. CITY MANAGER[DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, 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. Councilwoman Kaywood offered Resolution Nos. 90R-364 through 90R-366, both inclusive, for adoption; and Ordinance No. 5175 for adoption. Refer to Resolution/Ordinance Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Lillian Bucholz for property damage sustained purportedly due to actions of the City on or about June 21, 1990. b. Claim submitted by Anh Lac and Tin Vo for bodily injury sustained purDortedly due to aeti0ns of the City on or about August 9, 1990. c. Claim submitted by Mark & Joanna Schiavone for bodily injury sustained purportedly due to actions of the City on or about August 3, 1990. d. Claim submitted by Thad T. Owens for property damage sustained purportedly due to actions of the City on or about August 3, 1990. e. Claim submitted by Chrysteen Cornell for bodily injury and property damage sustained purportedly due to actions of the City on or about April 18, 1990. 952 124 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990~ 5=30 P.M. A2. 105= Receiving and filing minutes of the Senior Citizens Commission meeting held August 9, 1990. 105= Receiving and filing minutes of the Community Services Board meeting held August 9, 1990. A3. 159= Awarding the contract to the lowest and best responsible bidder, Sully-Miller Contracting Company, in the amount of $114,750 for Vermont Tree Yard Transfer Site & Parking Lot Improvements. A4. 152/158= Authorizing the payment of $811,106.77 to Nu Anaheim Limited, pursuant to agreement on file for modifications to their building located at 721/727 North Anaheim Boulevard (R/W3500-39 North Anaheim Boulevard widening project). AS. 170/152= Authorizing the Mayor to sign parcel Map No. 90-195 on behalf of the City. Parcel Map No. 90-195 is bounded by Lincoln Avenue, AT & SF RR, Cypress Street and Olive Street. A6. 170/152= Authorizing the Mayor to sign parcel Map No. 90-193 on behalf of the City. Parcel Map No. 90-193 is bounded by Lincoln Avenue, Atchison Street, Center Street and Olive Street. A7. 123/109/164= Approving Local Agency State Agreement No. 12-5055 Supplement No. 046 to provide for the City's share of preliminary engineering costs ($14,102) for the Western Avenue Street and Storm Drain Federal Aid Urban project (from the north City limits to the south City limits). AS. 160= Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Digital Microwave Corporation, in the amount of $38,181 plus freight for the microwave link between the Civic Center and the Anaheim Stadium. AP. 160/129= Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Coast Meridian Marketing, Inc., in the amount of $39,045.38 plus freight charges for the Fire Department computer mapping system -MapGraphix. Al0. 160/175= Accepting the low bid of, and authorizing the execution of an Agreement with Curtis & Tompkins, Ltd., in an amount not to exceed $30,245 per year for pickup and analysis of materials for Environmental Services Division, Public Utilities Department, in accordance with Bid #4795. All. 123: Approving a Second Amendment to Agreement with Nor¢o Delivery Service, Inc., at an increased cost of $2,690.00 per month, for additional City mail delivery service for the period beginning July 1, 1990, and extending the agreement until July 31, 1991, in accordance with Bid #4491. A12. 177/152= Approving the submittal of an application for the Affordable Housing Program under the Federal Home Loan Bank of San Francisco, and authorizing the Executive Director of Community Development to execute the application and related documents. 953 '121 City Hallr Anaheimr California - COUNCIL MINUTES - September 25, 1990~ 5:30 P.M. A13. 123/150= Approving an agreement with Orange County Council on Aging, Inc., in the amount of $8,600 for the provision of ombudsman services to elderly persons in long-term care facilities, and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. A14. 153= RESOLUTION NO. 90R-364: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 90R-113 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS UNREPRESENTED PART-TIME. (To create the classification of Adult Worker I, effective September 14, 1990.) A15. 123= Waiving Council Policy 401 and approving an agreement with Mycoff & Associates for recruitment services to fill two positions of Principal Electrical Engineer in the Utilities Department. A16. 113: RESOLUTION NO. 90R-365= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Clerk's office.) A17. 123: Approving a First Amendment to Agreement with Safety Management Consultants, with a not-to-exceed annual cost of $72,072 for professional safety management services Al8. 106: Approving reserve appropriations of $72,802,339 and $18,553,299 of reserve revenue appropriations from the prior fiscal year to be carried forward to meet the obligations for which the funds were originally appropriated. A19. 158: RESOLUTION NO. 90R-366: 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. A20. 108/152: Authorizing the Business License Collector to execute a debtor's agreement with Patco Holding Corp., in a form approved by the City Attorney, establishing interest to be paid on the principal balance at a rate of 11% per annum, and waiving penalties accumulated to date (Ramada Inn Delinquent Transient Occupancy Taxes). A21. 179/142: ORDINANCE NO. 5175 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM EXEMPTING CERTAIN DEVELOPMENT PROJECTS FROM THE PROVISIONS OF ORDINANCE NO. 5119 HHEP~TOFORE ADOPTED BY THE CITY OF ANAHEIM. (Relating to setbacks in various zones heretofore adopted by the City of Anaheim.) A22. 113: Approving renewal of a lease with Pitney Bowes for a model D750 copier to be used in the City Clerk's Office. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-364 through 90R-366, both inclusive, duly passed and adopted. 954 122 City Hallt Anaheim, California - COUNCIL MINUTES - September 25f 1990, 5:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance No. 5175 duly passed and adopted. 152/123: PARKING STRUCTURE REPAIRS - ANA~RIM HOTEL PARTNERSHIP- Assistant City Attorney Bob Franks announced that in order to take action on the subject issue it would require a 4/5's vote of the Council waiving the 72-hour posting provision of the Brown Act since the matter arose after the agenda for this meeting had been posted. On motion by Councilman Hunter, seconded by Councilman Pickler, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, September 21, 1990, at 3:55 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. MOTION CARRIED. Councilman Hunter moved to approve payment of an additional amount not to exceed $37,500 for parking structure repairs consistent with the terms of the Anaheim Hotel Partnership litigation settlement. Councilman Ehrle seconded the motion. MOTION CARRIED. 161/157: JOINT PUBLIC HEARING - CITY COUNCIL/REDEVELOPMENT AGENCY DISPOSITION AND DEVELOPMENT AG~R~MENT - VINEYARD HISTORIC HOMES: To consider the proposed Disposition and Development Agreement with Vineyard Historic Homes, indicating the terms and conditions of the sale of certain real property located at the following sites within Redevelopment Project Alpha: 211 South Kroeger, 125 South Kroeger, 117 South Kroeger, 113 South Kroeger, 320 East Cypress, 308 East Cypress, 280 North Philadelphia, 240 North Philadelphia, 200 North Philadelphia and 217 North Emily. Developer will purchase real property and historic single family structures for the purpose of rehabilitation of said structures (BLOCK 8 PROJECT). Submitted was report dated September 17, 1990 from the Community Development Department, recommending certain Environmental Findings, approving the proposed sale of certain real property and Redevelopment Project Alpha and approving the proposed Disposition and Development Agreement pertaining thereto. PUBLIC NOTICE REQUIREMENTS MBT BY: Publication in Anaheim Bulletin September 11 and September 18, 1990. Lisa Stipkovich, Executive Director of Community Development. She briefed the September 17, 1990 staff report attached to which was a summary of the Disposition and Development Agreement (made a part of the record). The agreement has been prepared in accordance with a selection process which she explained. In concluding, she noted that although the purchase price established in the agreement is below fair market value, it is deemed appropriate given the benefits provided to the community and will generate funds for use by the Anaheim Historic Preservation Foundation for its programs. Staff is recommending 955 119 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5=30 P.M. approval of the agreement because the purchase price as set would accomplish certain objectives of the Agency, (1) preservation of historical properties and, (2) generate funds for the use of Anaheim Historical Preservation Foundation. The terms of the Disposition and DeveloI~nent Agreement between the Agency and the Developer are consistent with the goals and objectives of the Redevelopment Plan. Councilman Daly posed questions relative to guidelines for expenditure of the proceeds. Lisa Stipkovich. Staff has reviewed the Joint Venture Agreement between the non-profit as well as Granger Development/Vintage Historic Homes. They also reviewed the Charter and bylaws of the non-profit Agency and identified what activities they can enter into. Staff has information on what the organization can conduct as their regular business, and feel it is adequately represented and covered within their bylaws. Rob ZurSchmiede, Property Services Manager. Staff has had conversations with the Preservation Foundation as to how they would actually get some of the programs up and running, specifically in the area of loans and some of the neighborhoods surrounding the Redevelopment area. The Agency has had experience making rehabilitation loans and indicated they would be happy to assist. It is their intent to help the "not for profit" group get started and be successful. AGENCY/COUNCIL ACTION= Chairman/Mayor Hunter closed the public hearing. Agency Member Daly posed additional questions which were answered both by staff and Sally Horton. Sally Horton, Anaheim Historical Preservation Foundation, 226 North Claudina. The 1940's and 1950's homes are rapidly becoming historic and they propose to have a survey taken of the entire City by a reputable historian including Bruce Judd, Redevelopment'e Historic Preservation Expert. She is not opposed to adding some of those houses. It is not pinpointed to downtown but will be Citywide. Relative to expenditure of funds, they are a social welfare organization. The only criterion is that the building is of some historic nature and of City significance. Lisa Stipkovich. In order to comply with Internal Revenue Service rules, there would have to be some designation of historic value. Relative to the expenditure of proceeds, legally once the proceeds are received and given as profit to the non-profit foundation, it becomes under their control and governed by their bylaws and articles of incorporation. Staff has reviewed those and agree 956 120 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. with what they represented to the Agency as being the purpose of the organization. There would not be a joint expenditure between the Foundation and the Agency. To her knowledge, the City would not be involved later on other than to be sure the organization did what they said they were going to do. Their Board of Directors would have the responsibility for their actions in the future. Everything has been approved by the Agency except for the final material boards and those will be brought to the Redevelopment Commission and Agency for review and approval. Agency Member Hunter offered Resolution Nos. ARA90-29 and ARA90-30 for adoption. Refer to Resolution Book. RESOLUTION NO. ARA90-29: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY REGARDING ENVIRONMENTAL REVIEW FOR THE PROPOSED BLOCK 8 DEVELOPMENT. RESOLUTION NO. ARA90-30: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE PROPOSED SALE OF CERTAIN REAL PROPERTY IN REDEVELOPMENT PROJECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING EXECUTION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Chairman declared Resolution Nos. ARA90-29 and ARA90-30 duly passed and adopted. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-367) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CA, tRIED. Councilman Hunter offered Resolution No. 90R-367 for adoption. Refer to Resolution Book. R~SOLUTION NO. 90R-367: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THAT IT HAS REVIEWED AND CONSIDERED THE INITIAL STUDY WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND VINEYARD HISTORIC HOMES, DEVELOPER; FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS BELOW FAIR VALUE BUT IS DEEMED APPROPRIATE, GIVEN THE BENEFITS TO THE COMMUNITY PROVIDED UNDER THE AGREEMENT; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: 957 117 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS= ABSENT= COUNCIL MEMBERS= Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-367 duly passed and adopted. 179= CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 89-90-49 (READVERTISED), VARIANCE NO. 4042 AND NEGATIVE DECLARATION (READVERTISED): OWNER: Schroeder-Grim Orange Associates Attn: William Rice 2411 E. Coast Hwy., ~300, Corona Del Mar, CA 92625 AGENT: Farano & Kieviet 100 S. Anaheim Blvd. ~340, Anaheim, CA 92805 LOCATION/REQUEST: The property is at 2518, 2520, 2532, and 2540 West Orange Avenue. Property is approximately 2.03 acres located at the southeast corner of Orange Avenue and Velare Street. The request is for a change in zone from RS-A-43,000 to RM-3000 or a less intense zone. To construct 15, RS-5000 zoned single family dwellings, with waivers of: (a) Requirement that all lots have frontage on a public street; (b) minimum lot size; (c) minimum lot width; (d) requirement that single-family residential structures rear-on arterial highways. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification 89-90-49 granted and Variance 4042 GRANTED IN PART in connection with a previous proposal (PC90-147 and PC90-148) 6 yes, 1 no vote; approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Hunter at the meeting of July 10, 1990. This matter was continued from the City Council meeting of August 21, 1990, at the request of the Agent, Farano & Kieviet, and public hearing scheduled this date. Revised plans have been submitted and readvertised for 15 single family homes in the RS-5000 zone. PUBLIC NOTICE REgUIREM~NTS MET BY: Publication in Anaheim Bulletin september 13, 1990. Posting of property September 13, 1990. Mailing to property owners within 300 feet - September 14, 1990. PLANNING STAFF INPUT: See supplemental report from the Zoning Administrator dated September 18, 1990 recommending approval of the revised proposal subject to conditions contained in Planning Commission Resolution No. PC90-147 (Reclassification No. 89-90-49) as well as conditions contained in Planning Commission Resolution No. 90-148 (Variance No. 4042) modified as outlined in her report. Floyd Farano, Attorney, agent for the applicant, 100 South Anaheim Boulevard. 958 118 City Hallr Anaheimr California - COUNCIL MINUTES - September 25~ 1990, 5:30 P.M. The developer has redesigned the project and the revisions have been submitted to the Council, and also to the residents, who he believes have had an opportunity to see a copy of the site plan which tonight is posted on the Chamber wall. The conceptual drawings, also as posted, show the style of the homes they anticipate will be constructed. The property is now a single family RS-5000 development. They are requesting reclassification to the RS-5000 zone together with four waivers which pertain to the lots abutting on a private street. The average is 5,000 square feet per lot although some are less. The waivers have been discussed with staff and in view of what has been done in the City previously, such waivers have been regarded in the past by the Planning Commission and Council as relatively insignificant and minor waivers. He then briefly described the project. The 15 units proposed have 30 spaces and the driveways have 30 more with 9 additional spaces as counted by staff for a total of 69 spaces. He also addressed several conditions which have been discussed with staff. Condition No. I on the reclassification requires an unsubordinated covenant be provided to each buyer with written information obtained from the school districts pertaining to overcrowding and bussing status, etc. That is no longer appropriate since it concerned condominiums or multiple family developments. He then read No. 11 in the staff report relative to a private water system which he believes should also be eliminated because it also applies to a multiple family residential development. Condition No. 28 states that four bedrooms shall be eliminated from the plan~ that was pursuant to another plan. At this time, they are proposing four bedrooms on lot 6, 8 and 9. Lot 6 is 5,850 square feet, lot 8 is 7,455 square feet and lot 9 is 7,290 square feet which are entitled to four bedrooms pursuant to code. He is suggesting that condition No. 28 be modified so that it is not applicable in connection with lot 6, 8 and 9. Other than those changes, the conditions as stated and commented on in the staff report are acceptable. Mayor Hunter opened the public hearing and asked to hear from those who wished to speak. PUBLIC DISCUSSION: Bob Carter, 513 South Aaron. The residents have seen the plan and do not really have any objection to what is being presented at this time. However, they want to be sure the property is zoned RS-5000 which is their primary concern. Fifteen homes are okay but if possible they would like to see a little less, perhaps 14. It might be a better project for the developer with one less unit. The only other concern is with the trees. Presently there are some nice trees on the property which have been there for 20 years and they would like to see some of those trees preserved. 959 . 115 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. Esther Wallace, President, Magnolia School District. The District is opposed to any more apartments being built in the District because they do not have room for additional children. They have already added five or six extra rooms and will to go to year-round school. The children in this development will be under a year-round program. They are interested in having single family dwellings in the neighborhood. Multiple family developments have changed the quality of life in the District and they are seeing the brunt of that since they have had to add three counselors to deal with troubled children. The District is proud that the Council has brought the proposal back again and are supporting the residents/District in assuring single family homes are built. They hope that the Council will do so again in the future if multiple family developments are proposed. Ruth Good, 1359 Sherrill, Magnolia School District Board. The agenda indicates that the proposal is a change in zone from RSA-43,000 to RM-3000 or less intense zone. She realizes there are revised plans and wants to be assured that the proposal is definitely an RS-5000 development; Mrs. Good was assured that is the case. She continued that there are so many apartments in the west Anaheim area that they do not need nor can they assimilate any more multiple family developments. Claire Brown, 720 South Sherrill. She asked how much outdoor and backyard space will be provided. Annika Santalahti, Zoning Administrator. Lot coverage is approximately 27% and the code allows 35%. If a house covers 27% of a 5,000 square foot lot, the remainder is left open. The size of the front yards is fairly significant. Ail backyards are at least 15 feet. The project exceeds the RS-5000 standards which allows as shallow as 10 feet for the front yard and 10 feet for the rear yard. Beverly Lucas, 2541 West Orange, directly across from the development. Her area of concern is relative to traffic. When the development is opened onto Orange, it will increase traffic and they already have major problems on Orange and Velare. She explained traffic patterns and traffic speeds in the area currently. She would like a traffic light installed to stop some of the speeding that is occurring on Orange and Gain, or more stop signs. David Padlow, 2541 Hefron Drive. Last November he bought his house on Hefron because the community was quiet. He does not see why houses have to be built on the proposed property. There will be an increase in noise and traffic. If the development is approved, he wants the trees on the property preserved as they are now. 960 116 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5=30 P.M. Angelo Giambrone, 2402 West Orange. He concurs with the stop sign issue. People do run the stop sign now. Another stop sign along Orange would be appropriate. There are traffic and safety issues and a stop sign should be considered. SUMMATION BY APPLICANT= Floyd Farano. Staff has answered the question relative to open area. Relative to traffic, they have spent a great deal of time, energy and money on the issue and since the Planning Commission hearing, have had the traffic situation analyzed once again. Ail the Traffic Engineers agree that there should be mitigation measures such as speed bumps, stop signs, etc. but nobody wants to say for sure what the answer is. If the City decides that a stop sign or a stop light or any kind of device is needed when the development goes in, they (the developer) will pay for it. At this time, they cannot say what that will be. They are willing to do anything the City wants that will result in a meaningful improvement of the situation. Relative to the trees, they have tried very hard to determine if they could save the big trees. However, he is not sure and doubts whether they are going to be able to save the three Sycamores that are on Orange. If there is a way to save the trees, they will do it and will keep on trying. Relative to stipulating to the RS-5000 zone, they will stipulate to striking all else in the application and limiting the zoning to RS-5000 single family. Councilman Pickler asked if there was a landscaping plan on the development. If they have to remove trees, perhaps other trees can be put back into the development. He wants to be sure that the City has an opportunity for final review of the landscaping plan. Annika Santalahti, Zoning Administrator. If the Council approves the project today, the developer still has to process a tentative tract map. The Council would not see the landscape plan automatically unless they wished to; Councilman Pickler asked Mr. Farano if it would be agreeable to him for staff to review the landscape plans. Mr. Farano stated that would be acceptable to him. Mr. Farano then answered additional questions posed by Council Members. The homes are expected to be in the $300,000 range, the final concept is as presented tonight and they will develop in accordance with the site plan, the tract map will have to be recorded and will have to conform to the plans and approvals. If it does not conform, it will have to come back. He then confirmed there are three bedrooms in all of the homes except lot 6 (5,850 square feet), lot 8 (7,455 square feet) and lot 9 961 113 City Hall. Anaheimt California - COUNCIL MINUTES - September 25, 1990, 5~30 P.M. (7,290 square feet). Those are eligible for a fourth bedroom under code. They cannot show a floor plan for those as with the other units because they have not had an opportunity to develop them as yet. The homes as posted on the Chamber wall are an example of what they have done in other developments and they expect to comply pretty much with those. The picture on the last page of the booklet previously presented shows what they are going to do. Councilman Daly. He stated that staff will be responsible for reviewing the final site plan as well as the landscaping and tree issue. Councilman Ehrle. He commended Mr. Farano, the developer and the residents for the time and effort that had been put into the project and for coming to a positive conclusion. The project is now a long way from 70 plus units originally proposed. This project will be an enhancement and the first single family project in years in West Anaheim. Councilwoman Kaywood. In looking at the pictures of the trees, she notes if any of the trees in the middle of the property can be saved, it will enhance the entire project~ Mr. Farano stated it is their intention to do so if they can. COUNCIL ACTION= Mayor Hunter closed the public hearing. Annika Santalahti, Zoning Administrator. She would like to reiterate some of the things stated by Mr. Farano. Relative to the September 18, 1990 staff report No. a) where staff recommended deletion of several conditions in the prior approval, Mr. Farano also asked that Condition Nos. 1 and 11 be deleted and staff concurs. Those conditions are included in condominium and apartment projects. Number c) in the staff report she would add to that - and also to amend Condition No. 28 adding a parenthetical phrase - "pr0vidinq, however, that units containing more than three bedrooms shall be permitted only on lots 6, 8, and 9 in accordance with the RS-S000 zone standards" and adding a new condition, "in conjunction with the tentative tract map final specific house plane consisting of floor plans and elevations and a specific landscape plan which includes landscape species, size and spacing for the entire side shall be submitted for review and approval by the Planning Commission." Paul Singer, Traffic Engineer. He asked also that a condition be added stating that the developer shall pay for any traffic control devices required in conjunction with the development as determined by the Traffic Engineer. 962 114 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, 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 further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-368 and 90R-369) 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-368 for adoption, approving Reclassification No. 89-90-49 to the R$-5000 zone and Resolution No. 90R-369 for adoption, granting Variance No. 4042, both including the modifications and additions as stated by the Zoning Administrator and any traffic control device required as stated by the Traffic Engineer. Refer to Resolution Book. RESOLUTION NO. 90R-368: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO. 90R-369: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4042. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-368 and 90R-369 duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes. (6:55 p.m.) AFTER REeE~ The Mayor called the meeting to order, all Council Members being present. (7:05 p.m.) 179: CONTINUED PUBLIC WEARING - RECLASSIFICATION NO. 90-91-07, WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3307 AND NEGATIVE DECLARATION: OWNER: AGENT: C. A. Bonnett 10990 Warner Avenue, #D, Fountain Valley, Ca 92708 Monnh L. Hanna and Nabil W. Sidares 13681 Glenhaven Dr., Garden Grove,.CA 92643 963 111 City Hall, Anaheim, California - COUNCIL MINUTES - SeDtember 25, 1990, 5:30 P.M. LOCATION/REQUEST: The property is located at 3010 West Lincoln Avenue. The property is approximately 1.59 acres located at the southwest corner of Lincoln Avenue and Beach Boulevard. The request is to permit a 2,400 square-foot mini-market with fast food in an existing commercial retail center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-07 approved (PC90-181) (5 yes votes, i absent, and i vacant); CUP No. 3307 approved (PC90-182); waiver of code requirement approved; Negative Declaration approved. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of July 24, 1990. This matter was continued from the meeting of September 11, 1990, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 30, 1990. Posting of property August 30, 1990. Mailing to property owners within 300 feet - August 31, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 16, 1990. Mayor Hunter asked to hear from the applicant or applicant's agent; there was no response and no one was present. Councilman Pickler moved to continue the public hearing. Before further action was taken, Councilman Daly stated that the public hearing was continued once before. The applicant was also not present at the scheduled September 11, 1990 public hearing. City Clerk Sohl reported that the applicant was notified initially that the item had been set, they received a legal notice and also received a letter that the item was continued to this date. She believes a telephone call was received from the applicant regarding some legal problems on the property but there was no request to continue or withdraw the item. Councilman Pickler. He does not know if anyone is present in opposition. There are concerns about traffic and fast foods in the area. He would like to give the applicant an opportunity to be present. MOTION: Councilman Pickler moved to continue the public hearing on the subject Reclassification and Conditional Use Permit to Tuesday, November 13, 1990. MOTION CARRIED. 179: PUBLIC HEARING - VARIANCE NO. 4068 AND NEGATIVE DECLARATION: OWNER: Terdor Inc. & DMST Development 225 W. Cerritos Ave., Anaheim, CA 92805 964 112 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. AGENT: Jon Dye 225 W. Cerritos Ave., Anaheim, CA 92805 LOCATION/REQUEST: The property is located at 207, 211, 217 and 223 North Coffman. The property is approximately 1.11 acres located on the west side of Coffman Street and approximately 490 feet north of the centerline of Center Street. Waivers of maximum fence height and minimum number of parking spaces to construct a 2 story 16-unit condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4068 granted (PC90-205) (4 yes votes, 2 no votes, and I absent); approved Negative Declaration. HEARING SET ON: A request for review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of August 28, 1990, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 13, 1990. Posting of property September 13, 1990. Mailing to property owners within 300 feet - September 14, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 13, 1990. Councilwoman Kaywood. She spoke with Mr. Schwartze. The applicant was placed in a bind when the code was changed. There was also a "glitch" at staff level which held the development up and subsequently the code was changed. The hearing could be simplified if, relative to the additional parking that would be required, four additional spaces could be added above what the existing parking was at that time and adding a condition that the garages be used for parking two cars and not used for storage. She notes the Planning Commission placed that condition on one of the last projects. APPLICANT'S STATEMENT: Phil Schwartze. ~ubsequent ~o the Planning Commission hearing they have submitted another site plan and a rendered version is posted showing the four additional parking spaces. The other conditions suggested by Councilwoman Kaywood are amenable to them and they would stipulate to those. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION: Cruz Sandoval, 224 Evelyn Drive, (66-year resident of Anaheim). He lives behind Coffman Drive and has the opportunity to go to Coffman Drive at least once a week. He challenged the Council to go to the area armed any time after 9 p.m. Signs are posted that say no parking at any time but on the contrary any time of the 965~ 109 City Hallr Anaheim~ California - COUNCIL MINUTES - September, 25, 1990r 5530 P.M. day there is parking on Coffman. When there is a party in the area, it is not possible to drive through the area. At present there are several acres of weeds, junk and trash. As a citizen of the community, he is very concerned. What is there now is what the Council is trying to avoid in the Jeffrey/Lynn and other areas of the City. Shots can be heard on Saturday nights after a party. There are three big projects already in place. The residents are present concerning the parking but want the Council to know that high density in the area was very poorly planned. The Village Inn is a serious problem in the area. Paul Singer, Traffic Engineer. When the project was originally approved, they were to provide 40 spaces. Since that time, the code has been amended and the developer was caught in the change. He would like to ask if the project is approved that this be declared an exception so that no precedent is set which would mean others would not have to comply. Councilman Daly. Ne explained the City's previous standard would have required 40 spaces and the City a few months ago raised parking requirements which are stricter for multiple family projects and the requirement for this project at this time is now 50. The developer is proposing to exceed the 40 spaces. Mr. Sandoval stated they are suggesting that the Council require 56 spaces at this time. COUNCIL ACTION= Mayor Hunter asked if anyone else wished to speak either in favor or in opposition, there was no response. Phil Schwartze. The project was approved some time ago and subsequently the Council adopted the new ordinance. They are attempting to comply as much as possible. The project involves for-sale condominiums which will sell at prices from $150,000 to $200,000. Each one has a 2-car garage and he has stipulated to the storage issue - that garages are to be used for Darking and not storage. They have provided additional parking which has encroached into the open apace but only minimally. Even with the project as it is now, they probably have twice the amount of parking as units that are there now. COUNCIL ACTION= Mayor Hunter closed the public hearing. Councilman Pickler. He feels something has to be done to clean up the area and the proposed development is a step in the right direction. These are condominiums with pride of ownership which will alleviate the problem on Coffman. 966 110 City Hallr Anaheimr California - COUNCIL MINUTES - September 25~ 1990, 5=30 P.M. Councilman Ehrle. He is going to vote against the proposal primarily because the Council did increase the parking requirement and also for the concerns expressed by Mr. Sandoval. It is a step in the right direction but he does not feel it is going far enough. The number of units could be reduced to satisfy the parking requirements. He would like to see it drop down to 12 units. Evelyn Drive 30 years ago was one of Anaheim' most elite neighborhoods. The Council has continued to down zone and to increase parking requirements. If in this case it means the developer should sacrifice one or two units, he should do so. Councilman Daly. This project has potential to improve the area rather than not. There are a lot of projects in the area which are the problem such as the Village Inn which was built about 30 years ago. He delivered papers in the area when he was a boy. They need to separate out the need for good development and higher City standards which he feels they are applying more and more to projects. The DYE project is a good one. To blame his project for problems that have existed in that area for 30 years would be unfair. The Council has promoted ownership projects. What they need to do is put additional resources into cleaning up embarrassing situations like the Village Inn and to use government authority to successfully clean up a failing area. The Council has to take those steps on sites like the Village Inn and others and use Housing Authority powers to crack down. He has talked to staff in the past and will continue to do so about using Housing Authority funds and legal leverage to crack down on absentee landlords. Ne can support this project because it is a quality project and will help to turn the neighborhood around. Annika Santalahti, Zoning Administrator. She asked for clarification relative to the additional parking spaces, if now it is 40 spaces plus 4 additional spaces~ Councilwoman Kaywood confirmed that was correct and that garages be used for 2-car parking and not for storage. Phil Schwartze. If the Council approves the site plan that is posted on the Chamber wall that should solve the problem. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-370) 967 i 07 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5=30 P.M. 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-370 for adoption, granting Variance No. 4068, subject to City Planning Commission conditions but including that four additional parking spaces be provided, that two cars be parked in the garages, and the garages not used for storage and that the site plan is as presented at this hearing. Refer to Resolution Book. RESOLUTION NO. 90R-370= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4068. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS= ABSENT= COUNCIL MEMBERS= Daly, Kaywood, Pickler and Hunter Ehrle None The Mayor declared Resolution No. 90R-370 duly passed and adopted. 105: APPOINTMENTS TO THE COMMUNITY SERVICES BOARD TO FILL UNSCHEDULED VACANCIES: Unscheduled vacancy for the term expiring June 30, 1991 (Vion) and for the term expiring June 30, 1992 (Gastil). Councilman Hunter nominated Vance Ready; Councilwoman Kaywood nominated Ramon Daniel, Jr.; Councilman Ehrle nominated Rita Robinson. Councilman Ehrle explained for Councilman Daly that Rita Robinson had not applied in writing but expressed to him that she would like to be a member of the Community Services Board. She had just recently served on the Charter Review Committee and because it was such a positive experience, would like to serve on other committees. Councilman Daly. He proposed that Ms. Robinson be appointed to the next available vacancy that occurs. She is a quality person and active on the Museum Board and in other community activities; Councilman Ehrle stated he would be happy to wait for another opening. Councilman Hunter moved to close nominations, the nominees being Vance Ready and Ramon Daniel, Jr. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Daly moved that a unanimous ballot be cast for the two nominees. A unanimous ballot was cast and, therefore, Vance Ready and Ramon Daniel, Jr. were appointed to the Community Services Board, Mr. Ready for the term ending June 30, 1991 and Mr. Daniel for the term ending June 30, 1992. 179: ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 6, 1990 - DECISION DATE: SEPTEMBER 13, 1990 - INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 28, 1990: 968 108 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. B1. CONDITIONAL USE PERMIT NO. 3320, CATEGORICALLY EXEMPT, CLASS 3: OWNER= CONRAD & PATRICIA G. MOSS, 241 South Yorkshire Circle, Anaheim, CA 92805 AGENT: VERONICA N. NORRIS, Attorney at Law, 17821 East 17th Street, Suite 240, Tustin, CA 92680 LOCATION: 241 South Yorkshire Circle. Property is approximately 0.22 acre located on the westerly side of Yorkshire Circle approximately 205 feet north of the centerline of Mohler Drive. To permit a satellite dish in a residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3320 APPROVED (ZA90-92). Councilwoman Kaywood indicated her opposition on this item. B2. VARIANCE NO. 4081, CATEGORICALLY EXEMPT, CLASS 11: OWNER: JAS PARTNERSHIP, 1990 South Anaheim Boulevard, CA 92805 LOCATION: 1990 South Anaheim Boulevard. Property is approximately 1.1 acres located at the northeast corner of Anaheim Boulevard and Stanford Court. Waiver of required structural setback and permitted signage to construct a 296 square-foot freestanding sign with an electric message board. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4081 DENIED (ZA90-93). B3. VARIANCE NO. 4082, CATEGORICALLY EXEMPT, CLASS 3: OWNER: ANTHONY AND REBECCA MUNDY, 127 South Stinson Street, Anaheim, CA 92803 AGENT: BLUE RIBBON BUILDERS, INC., 1135 West Katella Avenue, Orange, CA 91667 Attn: Tim Wallace. LOCATION: 127 South Stinson Street. Property is approximately 0.14 acre located on the west side of Stinson Street approximately 420 feet south of the centerline of Lincoln Avenue. Waiver of required side yard to construct a garage and two-story room addition. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4082 APPROVED (ZA90-94). End of the Zoning Administrator Items. MOTIONS CARRIED. 179: ORDINANCE NOS. 5176 AND 5177 - ADOPTION: (1) Amending Title 18 to rezone property under Reclassification No. 88-89-32 located at 1305 and 1307 W. North Street from the RS-10,000 zone to the RS-5000 zone; and (2) amending Title 18 to rezone property under Reclassification No. 63-64-62(30) located at 707 South Webster Avenue from the RS-A-43,000 zone to the RM-1200 zone. WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5176 and 5177) 969 105 City Hall, Anaheim~ California - COUNCIL MINUTES - September 25r 1990, 5=30 P.M. Councilman Hunter moved to waive the reading in full of the ordinances. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance Nos. 5176 and 5177 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5176: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO. 5177= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Call Vote= AYES= COUNCIL MEMBERS: NOES= COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance Nos. 5176 and 5177 duly passed and adopted. 179: ORDINANCE NO. 5178 THROUGH 5180 - INTRODUCTION: (1) Amending Title 18 to rezone property under Reclassification No. 89-90-54 located at 730-810 North Loara Street, from the RM-1200 zone to the RM-2400 zone; (2) amending Title 18 to rezone property under Reclassification No. 89-90-55 located on the north side of Juno Avenue and Juno Place, beginning at the alley at the western terminus of Juno Avenue and extending east to the easterly terminus of Juno Place, and that area located on the north side of Ball Road, having a frontage of approximately 469 feet on the north side of Bail Road and extending north approximately 1,270 feet and being located approx~mauely 195 feet east of the centerline of Brookhurst Street, from the RM-1200 zone to the RM-2400 zone; (3) Amending Title 18 to rezone property under Reclassification No. 89-90-56 located at 1920 South Euclid Street, from the RM-1200 zone to the RM-2400 zone. Councilman Hunter offered Ordinance Nos. 5178 through 5180, both inclusive, for introduction. ORDINANCE NO. 5178: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO. 5179: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO. 5180: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 179: VARIANCE NO. 3746 - EXTENSION OF TIME: Requested by Farano & Kieviet, Suite 340, 100 South Anaheim Boulevard, Anaheim, CA 92805. LOCATION/REQUEST: The property is located at Lincoln Avenue and Muller Street. The petitioner is requesting reconsideration of an extension of time on Variance No. 3746 involving a 184 unit complex which was approved by the 970 106 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. Council on April 5, 1988. This matter was continued from the meetings of August 14 and August 28, 1990, to this date. Mr. Jeff Farano, attorney representing the applicant. They are seeking a retroactive extension of time which expired in April of this year. They would like the extension for one year from today's date if possible. The City Attorney will have to determine if that can be done. The reason why it was denied earlier was due to a required traffic signal. They have done quite a bit of additional research and hired a Traffic Engineer to see if the signal is necessary. He has a copy of the report done by Greer & Company with him which he previously submitted (made a part of the record). The report indicates a traffic signal is warranted at the intersection of Lincoln Avenue at Alladin/Empire. The signal was a condition placed on the project due to the request of the local neighbors. The issue was whether this would provide an unnecessary delay to Lincoln Avenue. In speaking with the Traffic Engineer who did the study, he assured him that due to the distance between signals along Lincoln, use of phasing and coordination of all the signals would create a very minimal delay on Lincoln. The Traffic Engineer is present tonight. Mayor Hunter. He clarified the only issue before the Council tonight is whether they are going to grant a retroactive extension of time, nothing about traffic signals. Bob Franks, Assistant City Attorney. He confirmed that was correct. Condition No. 25 is not on the agenda for action this evening and if it was to be discussed would require a public hearing. Mr. Farano. His point is, that is one of the reasons why the extension was not approved. It would require a public hearing and they do not wish to go through that process. They would rather have the extension of time with the condition of the traffic signal included. Bob Franks. The code provides that a retroactive extension of time may be granted which is within the discretion of the Council to approve or deny the extension. He does not believe the Council, if granted, could extend it from today's date. It would have to be from the date that the time originally expired. He does not believe the code provides for a longer period then that which was granted in the first place. Councilwoman Kaywood wanted to hear the Traffic Engineer's input on the ~raffi¢ signal. Paul Singer, Traffic Engineer. The applicant has a study prepared regarding the warrants for a traffic signal. The traffic warrants have been met. The down side is that although the signal is warranted, it is another signal on Lincoln. He is not recommending any additional signals along Lincoln. The matter was brought about because of the residents' inability to access what was the Wonder Bowl property in order to take advantage of the signal at Lincoln and Muller. That is no longer available. The only access would be through Alladin. It will be complex because of the offset and, therefore, traffic will take longer to process. Councilman Ehrle. He does not have a problem extending the time to April. He asked if the extension is in order to clear up the original proposal or if the intent is to come back with a new proposal. 971 103 City Hall, Anaheim, California - COUNCIL MINUTES - September 25, 1990, 5:30 P.M. Jeff Farano. The proposal will remain as originally approved. Some of the problems relate to financing. There was a change of ownership. The original financing was for mixed use. The owner's intention is to go forward with the project as it now stands. The same architect is involved. Councilman Ehrle asked for clarification if the extension is granted to April, the developer would not have to come back to the Council and the issue of the traffic signal would have been resolved. Staff clarified that was correct. The Traffic Engineer also confirmed that the traffic signal is a condition of the development and would have to be fulfilled. Mr. Farano then clarified for Councilwoman Kaywood that the original plan was for 220 units but it was reduced to 184 and that was the final approval; the Traffic Engineer clarified that parking was to code. Jeff Farano. Four hundred sixty parking spaces are required and the last set of plans show 550 spaces. Councilman Pickler. He wanted to be sure at the time the project was approved, conceptual drawings and actual drawings were part of the record showing what was going to be built. He asked if that were still the case. Jeff Farano. He answered yes. It will be according to the pictures and plans the Council saw. The only difference is a different mix in bedrooms in some of the units but the project itself remains as originally approved. MOTION: Councilman Hunter moved to approve the requested extension of time retroactive to April 5, 1990, to expire on April 5, 1991. Councilman Pickler seconded the motion. MOTION CARRIED. 114: SENIOR CITIZEN PROJECTS: Councilwoman Kaywood noted last week when she was not present that a project was approved for senior citizen apartments (Conditional Use Permit No. 3297 - 935 South Gilbert Street) with a density of 54 units to the acre along with a 52% density bonus. She would like a staff report on the number of senior apartment projects in the City and the number of vacancies. Rental amounts would also be helpful. She is concerned she is seeing some of the apartments being advertised for six months or longer and giving one month's free rent. They are obviously not filled and more are being built. She questioned if rents are too high or if there is something wrong with the projects. They need to get a handle on these projects before any more are approved. The project last week involved a double density bonus. She would like to know how that happened and in the future not have any projects getting more than the allowed 25% density bonus. She then clarified for staff that she would like to have a separate report rather than one accompanying the next senior project presented. Annika Santalahti, Zoning Administrator. She has discussed the matter in general with the Community Development Department and they will probably produce the information requested since they have a more ongoing connection with such projects. 972 104 City Mallr Anaheim, California - COUNCIL MINUTES ,-. September 25, 1990, 5:30 P.M. Councilwoman Kaywood. Further, large parking waivers have been given on senior apartments with the idea that most of the seniors do not drive. With state age limitations going as low as 45 in some instances, parking is definitely impacted. If there is any impact relating to the parking standards and senior projects, it is necessary to have that information as well. If there are vacancies, units cannot be rented to anyone but seniors. She questions if they are sitting vacant or perhaps being rented to other than seniors. ADJOURNMENT: By general consent the Council adjourned. LEONORA N. SOHL, CITY CLERK (7:50 p.m.) 973