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1988/01/19City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL M~EMBERS: Ehrle, Hunter, Kaywood and Bay ABSF~NT: COUNCIL MEMBERS: Pickler PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLFJlK: Leonora N. Sohl SENIOR PIER: Greg Hastings TRAFFIC ENGINEER: Paul Singer ASSOCIATE PLIER: Leonard McGhee A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on January i5, 1988 at the Civic Center kiosk, containing ail items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of A~aheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership O.C.S.C.C. No. 46-96-59; City of Anaheim vs. 0.C.S.C.C. Nos. 50-96-78. b. i~bor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:09 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Pickler, and welcomed those in attendance to the Council meeting. (1:52 p.m.) IN-VOCATION: Dr. Ernest Furness, Anaheim Adventist Church, gave the Invocation. FIAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: PROCI2kMATION~ The following proclamation was issued by Mayor Bay and authorized by the City Council: Cancer Awareness Week - April 18-24, 1988. 39 0g City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. MINUTES: Councilwoman Kaywood moved to approve the adjourned regular meeting of December 22, i987 and the regular meeting held December 29, i987. Councilman Hunter seconded the motion. Councilman Pickier was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~3,216,847.97, in accordance with the 1987-88 Budget, were approved. WAIVER OF READING - ORDINANCES AND RESOLUTIONS- The titles of the following resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-i6 through 88R-18, both inclusive and Ordinance No. 4895) Councilman Bay moved to waive the reading in full of the resolutions on the Consent Calendar. Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Bay, 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. 88R-16 through 88R-18, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance No. 4895 for first reading. 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 Robert Peterson for property damage sustained purportedly due to actions of the City on or about September 9, 1987. b Claim submitted by Barbara & Bob Schiefelbein for bodily injury sustained purportedly due to actions of the City on or about November 12, 1987. c. Claim submitted by State Farm Insurance/Kathleen McGavin, Insured, for property damage sustained purportedly due to actions of the City on or about September 26, 1987. d. Claim submitted by Edward Lane for property damage sustained purportedly due to actions of the City on or about November 19, 1987. e. Claim submitted by Gloria Arias for property damage sustained purportedly due to~ctions of the City on'or about November 7, 1987. f. Claim submitted by William Jones for property'damage sustained purportedly due to actions of the City on or about September 18, 1987. g. Claim submitted by S. M. Maintenance Association for property damage sustained purportedly due to actions of the City on or about the week preceding August 24, 1987. 4O $I City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988~ 1:30 P.M. h. Claim submitted by Candace Shearer for property damage sustained purportedly due to actions of the City on or about August 29, 1987. i. Claim submitted by Christine S. Hurden for bodily injury and property damage sustained purportedly due to actions of the City on or about August 7, i~87. j. Claim submitted by Michael Cullen for bodily injury and property damage sustained purportedly due to actions of the City on or about September 17, 1987. k. Claim submitted by Francisca Gonzales for property damage sustained purportedly due to actions of the City on or about November 4, 1987. 1. Claim submitted by JoAnn Peters for property damage sustained purportedly due'to actions of the City on or about October 1, i987. m. Claim submitted by William Geoffrey Starr Scott for property damage and bodily injury sustained purportedly due to actions of the City on or about August 28, 1987. n. Claim submitted by Jean Ottens for bodily injury sustained purportedly due to actions of the City on or about Ouly 20, i987. o. Claim submitted by Theodore M. Crow for property damage sustained purportedly due to actions of the City on or about November ii, 1987. p. Claim submitted by Siecor Corporation for property damage sustained purportedly due to actions of the City on or about October 26, 1987. Application for Leave to Present Late Claim - Recommended to be Denied: q. Claim submitted by Mark Steven Haffar, a minor, through his Guardian ad Litem, Adolaide H. Haffar, for bodily injury sustained purportedly due to actions of the City on or about January 27, 1987. Claim filed against the City - Recommended to be Accepted: r. Claim submitted by Jill Boultinghouse for property damage sustained purportedly due to actions of the City on or about October 197 i987. 2. 179: Granting a one-year extension of time expiring on February 17, 198~, to Conditional Use Permit No. 2871, so that the iapplicant may comply with conditions. 3. 123: Approving an agreement with Don Poff for golf pro services at the Anaheim Hills Public Country Club for a term of five years, effective February 12, 1988. 4. i39: Supporting Assembly Bill 2079, concerning Fire Service Training and authorizing the Mayor to sign letters conveying this position to the State Assemblymen and State Senators. 4i City Hall, Anaheim, California - COUNCIL MINUTES - January 19~ 1988~ 1:30 P.M. 5. 123: Approving the Third Agreement with the Neighborhood Improvement Program of Anaheim (NIPA) for services to assist the City with upgrades of rental stock and revitalization of apartment neighborhoods terminating November 30, 1988 or sooner, with maximum compensation of $35,000. 6. 160: Authorizing the Purchasing Agent to issue a change order to Shepherd Machinery in conjunction with Purchase Order No. 43570M, for an additional amount of $1,189.93, bringing the revised total order for the repair to $10,6~0.24. 7. 123: Approving a Third Amendment to the contract with Charles G. Robinson for safety administration consulting services, effective January 22, 1988, establishing compensation at an annual cost not to exceed $58,318.26. 8. 123/101: Approving and accepting a Letter of Consent from Southern California Edison dated November 19, 1987, which extends the time to allow parking of vehicles on Southern California Edison's easement at Anaheim Stadium parking lot. 9. 123: Approving the Fourth Amendment to the Permit Agreement with Okeh Caterers for lease of Stadium parking spaces during business hours of 4:30 a.m. to 4:30 p.m., Monday through Friday, increasing the number of spaces leased to 187 and the lease fee to $1,870, and extending the term to November 15, 1989. 10. 123: Approving the agreement with ARA Leisure Services Inc. for concession service at Anaheim Convention Center, term ending on December 31, 1992. 11. 153: Accepting the recommendation of the Management Compensation Steering Committee and directing staff to prepare a formal agreement to retain the services of Ralph Anderson and Associates for the purpose of assisting the Council in matters of management compensation. 12. 160: Authorizing the Purchasing Agent to issue a purchase order through the Anaheim Public Improvement Corporation in the amount of $262,621.36 for twenty-seven three-phase unfused padmount transformers in accordance with bid proposal #A-452~. 13. 160: Waiving Council Policy No. 30b and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of ~55,650 for one used Caterpillar Model 943 track-type loader. 14. 176: RESOLUTION NO. 88R-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECI~NG ITS iNTENTION TO VACATE CERTAiN~PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (87-16A) (a portion of Ave~ida de Santiago; Abandonment No. 87-16A - Suggested date for public hearing is February 16, 1988, 3:00 p.m.) 15. 175: RESOLUTION NO. 88R-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (WILLIAM SUPPLY COMPANY, INC.) (in the amount of $335,100, for Construction of Large Valve 42 City Hall, Anaheim, California - COUNCIL MINUTES - Januar~ 19, 1988, 1:30 P.M. Replacements-Phase II; Account No. 52-606-6329-06329) 16. 107/142: ORDINANCE NO. 4895: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE i OF THE ANAHEIM MUNICIPAL CODE RELATING TO CODE ENFORCEMENT. (Amending Section 1.01.389 establishing a Code Enforcement Reinspection Fee and adding enforcement authority for Titles 5, 10, 11, 16 and i7 as well as Sections 374b, and 402b to Code Enforcement Division) 17. 600/129: RESOLUTION NO. 88R-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A ONE-TIME FEE FOR THE PURCHASE OF A COMPUTER SYSTEM TO BE CHARGED BY THE FIRE DEPARTMENT OF THE CITY OF ANAHEIM. (Establishing a one-time fee of $65 affecting those businesses in the hazardous materials disclosure program required to install an emergency lock box - Knox Box). 106/129: Authorizing an increase in the 1987/88 Resource Allocation Plan for Hazardous Materials Disclosure Program of $48,000 for purchase of a C.A.M.E.O. computer system to manage the business emergency plans required under State Laws AB2185 and AB2187. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MF2iBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Resolution Nos. 88R-16 through 88R-18, both inclusive, duly passed and adopted. End of Consent Calendar. Councilman Pickier was absent. MOTIONS CARRIED. 161/153/177: ESTABLISHING COMPENSATION FOR MEMBERS OF THE ANAHEIM REDEVELOPMENT AGENCY AND ANAHEIM HOUSING AUTHOtLITY: Establishing compensation for members of the Anaheim Redevelopment Agency in the amount of $150.00 for each meeting attended; establishing compensation for members of the Anaheim Housing Authority in the amount of $50 for each meeting attended, not to exceed a week. Adrian Benedict, 863 So. Helena Street, requested to speak on tae issue and asked why salary matters were on a Consent Calendar and if all the members of the City Council are also members of the Redevelopment Agency and Housing Authority. ~ ~ Mayor Bay. The item is on the Consent portion of the agenda because that is the proper place for it. Public discussion is open and that discussion can take place now. He also confirmed that City Council Members are also the Members of the Redevelopment Agency and Housing Authority. Councilwoman Kaywood. She expressed her surprise and shock over what she considered the roundabout way of bypassing the City Charter and the voters on this matter. She feels this issue should be on the ballot in order to have a Charter change or there should at least be a public hearing. 43 City Hall, Anaheim, California - COUNCIL M~INUTES - January 19, 1988, 1:30 P.M. Councilman Hunter. The Redevelopment Agency and Housing Authority have nothing to do with and are not bound by the City Charter. There is no violation of the Charter. He would be happy if the Council did not have to sit as the Redevelopment Agency and Housing Authority considering the time involved. In the next year, especially relative to Redevelopment, many hours will be spent on this issue. A great deal of time has already been spent in the last two to three months. He emphasized the Agency and the Authority are two separate Agencies to which Council Members must devote their time, especially on Redevelopment. He has no qualms regarding this matter. Councilman Ehrle. With regard to the City Charter, it was established 24 years ago with the intent that the Council be reimbursed $400 a month. At the time, the City did not have a Redevelopment Agency or Housing Authority. Many hours have been devoted to Redevelopment by ali Council Members. He has no · reservations in supporting the proposed resolutions. It is just compensation. Kathrine Davison, 1184 West Vermont. She was astonished that the Council received only $400 a month. However, when a person runs for Council they are aware of that from the outset. She is concerned that the item is on a Consent Calendar and does not like to see salaries being tripled in this way. Walter Bormann, 2704 West Ball Road. He is opposed to the means used in getting the money. If they want more money, he recommended that the issue be presented to the voters. Bill Erickson, 301 East North Street. He does not like the situation as it stands. He asked if there was a possibility of continuing the matter until there is full Council. Mayor Bay. The Charter adopted in i904 is clear about Council salaries. It is not the intent to ask the people to be involved in a change in the Charter. This has nothing to do with the City Charter. It is meeting compensation for the Redevelopment Agency and the Housing Authority. There was also no intent of taking action covertly since the item is on a public agenda and open for discussion. The money has nothing to do with the City's general fund, the deficit, or the City's budget. The compensation will come out of Redevelopment funds where there is no budgeting problem and Housing Aut~0rity funds that come from state and federal sources. Administrative costs are totally allowable and the changes should have taken place ten years ago. In his opinion, the proposed amounts do not come close To adequate compensation. He has no problem with continuing the matter for one week for a full Council to make it clear there are four people who agree with the resolutions. ~ ~ WAIVER OF READING - P~ESOLUTIONS: The titles of the following resolutions were read by the. City Clerk. (Resolution Nos. 88R-19 and' 88R-20) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. Councilman Pickler was absent. CARRIED. MOTION Councilman Ehrle offered Resolution Nos. 88R-19 and 88R-20 for adoption. Refer to Resolution Book. 44 City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988~ 1:30 P.M. RESOLUTION NO. 88R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAH~'iM ESTABLISHING COMPENSATION FOR MEMBERS OF THE ANAHEIM REDEVELOPMENT AGENCY. (in the amount of $150.00 for each regular meeting attended) RESOLUTION NO. 88R-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING COMPENSATION FOR COMMISSIONERS OF THE ANAHEIM HOUSING AUTHORITY. (in the amount of $50 for each regular meeting attended) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter and Bay Kaywood Pickler The Mayor declared Resolution Nos. 88R-19 and 88R-20 duly passed and adopted. Before concluding, Councilman Ehrle stated If anyone decided they did not want to be compensated they could declare same; City Attorney White stated that was correct. 105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD: To consider appointment to the Community Services Board from the list of candidates submitted to fill the unscheduled vacancy on that Board, expiring June 30, 1991 (Olsen). MOTION: Councilman Bay moved to continue the appointment to the Community Services Board for one week for full Council action. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 179: ORDINANCE NO. 4894: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4894) Councilman Bay moved to waive the reading in full of the ordinance. Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Bay offered Ordinance No. 4894 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4894: AN ORDIN~qCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE i8 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18,~ to rezone property located at 1780 and 1786 W. Lincoln Avenue under Reclassification No. 87-88-22 to the CL zone from the RS-A-43,000 z one ) Roll Call Vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABS~T: COUNCIL ME~ERS: Ehrle, Hunter and Bay Kaywood Pickler 45 §Z City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. The Mayor declared Ordinance No. 4894 duly passed and adopted. Councilwoman Kaywood voted no since she was originally opposed to the automotive uses requested by the developer. Greg Hastings, Senior Planner, explained for Councilwoman Kaywood that the accompanying CUP allows for automotive uses. 179: ORDINANCE NO. 4896: Councilman Bay offered Ordinance No. 4896 for first reading. ORDIKANCE NO. 4896: AN ORDINANCE OF THE CITY OF ~4AHEIM AMENDING THE ZONING MA~ REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, to rezone property located at 2141 South Harbor Boulevard, under Reclassification NO. 87-88-28 to the CL zone from the CG zone) 144: JOINT POWERS AUTHORITY MEETING - EASTERN AND FOOTHIIJ. CORRIDORS: Mayor Bay reported on his attendance at the subject meeting on Thursday, January 14, 1988. The Board made its findings that other than the development fees presently being collected for the two corridors (Eastern and Foothill) that tolls are going to be necessary to pay for the other portion of the cost of the corridors. Later, the San Joaquin Corridor Board met and voted the same way which puts all three corridors in a position of being proposed as toll roads. The consultant could find no other way to make up the difference in cost. ITEMS OF PUBLIC INTEtLEST: No items of public interest were addressed. RECESS: 3:00 p.m. absent. Councilman Bay moved [o recess until public hearing time at Councilwoman Kaywood seconded the motion. Counkilman Pickler was (2:43 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Pickler. (3:12 p.m.) 17~: PUBLIC H~LARING - ABANDONMENT NO. 87-14A: In accordance with application filed by Mr. & Mrs. Alexander K. Brankov, public hearing was held on proposed abandonment of a portion of an alley adjacent to the applicant's property at 703 South Dale Street which is excess to the needs of the City, pursuant to Resolution No. 87R-519, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated December 7, 1987 was submitted recommending approval of said abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. Councilwoman Kaywood asked if there was another neighbor or anybody else bordering the property who might be interested in the property; Richard Santo, Senior Real Property Agent, answered that no one else is interested in the parcel. 4O City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICA~L EXEMPTION: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council ratified the determination of the City Engineer that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-2i) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Ehrie seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-21 for adoption, approving Abandonment No. 87-14A, as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 88R-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF A PUBLIC A2~LEY. (87-14A - alley adjacent to 703 South Dale .Street) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Resolution No. 88R-2i duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE Pt!RMIT NO. 2925 (READV): APPLICANT: Larry R. and Judith I. Smith 1704 Marina Bay Drive Huntington Beach, Ca. 92649 REQUEST/ZONING/LOCATION: To permit two drive-through, walk up restaurants with outdoor seating in conjunction with a commercial center expansion. The property is zoned CL and is located at 9i9-959 Knott Street. The Code waivers requested are a~ follow: (a) Minimum number of parking ~paces, (b) minimum drive-through lane dimensions, (c) minimum distance between buildings, (d) required site screening. PLANNING COb~ISSION ACTION: Resolution No. PC88-241 granted Conditional Use Permit No. 2925 (Readv.); approved EIR - Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickier. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 7, 1988. 47 City Hall, Anaheim, California - CO?NCIL MINUTES - January 19, 1988~ 1:30 P.M. Posting of property January 7, 1988. Mailing to property owners within 300 feet - January 8, 1988. PLANNING STAFF INPUT: See Staff Report to tae Planning Commission dated November 23, 1987. Mayor Bay. Councilman Pickler set the matter for a public hearing. Before Councilman Pickler left on his trip he, (Bay) asked if he wished the Council to proceed with the public hearing or to continue it for full Council action. Councilman Pickler did not feel it was necessary to continue the public hearing since all his questions and concerns had been answered. PUBLIC DISCUSSION- IN OPPOSITION:~ Joyce Keeter, 716 So. Kenmore, Anaheim. She owns t~e parcel of land at 3501 West Ball Road. She is not opposed to the redevelopment of the center but the manner in which it is proposed. She is opposed to the overcrowding and over-build~.ng. Two drive-through restaurants are one too many. She noticed in a staff report they were allowed a 40%'reduction on an already minimum parking schedule which she feels is irresponsible. There is also a covenant which runs with the land until the end of April, 1989. She has tried to work something out with Mr. Smith since the covenant provides there must be ingress and egress between Parcel ! and 2, which in 1960 included the entirety of the other parcel.. APPLICANT'S STATEMENT: Larry Smith, 17046 Marina Bay Drive, Huntington Beach. The ingress and egress issue is not an issue before the Council, but has been addressed by his architect and himself. He is not changing any of the existing driveways. Mrs. Keeter is talking about access between ~he parcels which they are ~lso not changing. The property is a depressed corner and the proposal will be a plus to the whole area. He spoke to Councilman Pickler to make certain there were no problems and he (Pickler) indicated that his questions were answered. He then answered a line of questions posed by Councilwoman Kaywood. The existing building is being completely redone to accommodate retail stores and a new building will be added. Both buildings will look like a brmnd new shopping center. °There were four prior tenants in the center that had to do with entertainment and dancing and three are now gone (French Quarter, Woodstock, Radio City). The one remaining is Kartoons and Kapers and when that lease expires the business will be replaced with retail. Although the lease expires in 7 years, the business has not been doing very well and he is considering approaching the tenant about buying out t~e lease. Sound-proofing is also going to be added to the building to further mitigate any sound problems. City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. Greg Hastings, Senior Planner. Answering Councilwoman Kaywood he explained that at the Planning Commission meeting, it was pointed out by Code Enforcement there were a few complaints regarding Kartoons and Kapers in the past. His understanding from the business is that there were 12 complaints since January of 1986 but none recently. Larry Smith. Most of t,e complaints came from the apartment building directly behind the business. He has contacted the neighbors and gave them his home phone number to notify him if there are any problems. He would then contact the tenant himself. He also clarified that in the new center there will no cocktail lounges but the proposed convenience store could possibly have liquor. There will be no gasoline sales with the convenience market. He then asked his architect to address parking. Alvin Leeand, Architect. Parking requirements were discussed with the Traffic Engineer. The waiver request was from 5.5 to 4.0 which has been previously accepted by the City for other centers of this nature. Everything will conform to 4.0. There is an existing racquetball facility of 20 courts and the parking requirements would be approximately 126 spaces and that accounts for the majority of the parking waiver. A parking study has been submitted taking into consideration all existing loads. The peak times for the racquetball facility are different than the peak times for the retail center. Paul Singer, Traffic Engineer. A traffic study was conducted for the entire site. The reason for the waiver is the racquetball facility. The study indicated it does not require as much parking as a health club. They have explained, to his satisfaction, how they can provide the number of spaces they are providing and be able to operate at a satifactory level. There will be adequate ~parking. Relative to ~ the drive-thru lanes and the waiver of distance, one is 8 feet short and the other is 3 feet short which in both cases is. negligible. He is satisfied that the drive-through lanes and the parking will work. Charles Hob_l, 23165 Vista Way, E1 Toro, Owner and President of Pay-N-Play Racquetball.~ ~ They are 100% behind the shopping center being redeveloped. The only issue that is left and one he wants on the record is that 3 years ago they started with Mr. Smith to convert the bottom half of their building for retail. They have been waiting for Mr. Smith to do his project. Now that Mr. Smith has his project going, he is basically usurping their ability to do their project which is a legal matter in civil court and both parties are aware of that. When they convert the bottom 10 courts they intend to have retail and keep the top l0 courts. When he is 49 City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. ready to do that, he wants the City to allow him to do so. Pay-N-Play is not getting a say in this project. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECi2%RATION: On motion by Councilman Bay, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant e~fect on the environment. Councilman Pickler was absent. MOTION CAPdlIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-22) Councilman Bay moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Bay was absent. MOTION Councilman Bay offered Resolution No. 88R-22 for adoption, granting Conditional Use Permit No. 2925, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 88R-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Alq~iEIM GRAJqTING CONDITIONAL USE PERMIT NO. 2925. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None AoBSENT: COUNCIL bIEMBF~RS: Pickler The blayor declared Resolution No. 88R-22 duly passed and adopted. 17~: PUBLIC HE~aR_ING - RECLASSIFICATION NO. 87-88-27, VARIANCE NO. 3728: A.~ PLICANT: Katherine Wesolosky 705 West Victor Avenue Anaheim, Ca. 92801 REQUEST/ZONING/LOCATION: For a change in zone from RM-2400 to RM-1200, to construct a two-s_t~ry, 8 unit apartment building on property located at 705 West Victor Avenue. The code waivers requested are as follow: (a) Maximum structural height, (b) maximum site coverage, (c) maximum number of bachelor units, (d) minimum structural setback, (e) permitted encroachments. PI~ANNING COM~IISSION ACTION: Resolution NO. PC88-246 and 247 denied Reclassification No. 87-88-27 and Variance No. 3728; approved EIR - Negative Declaration. 5O City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. HE~ING SET ON: The decision of the Planning Commission was appealed by the Applicant, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 7, 1W88. Posting of property January 8, 1988. Mailing to property owners within 300 feet - January 7, i988. PI~'ING ST~FF INPUT: See Staff Report to the Planning Commission dated November 23, 1987. APPLICANT'S STATEMENT: Mark Kiafar, 300 North Tustin Avenue, Suite 201, Santa Anm. Ca. 92705, Agent. He-first submitted a series of nine colored photos to the Council showing the site of the project location, Victor Street and the north, south, east and west side of the project. The project is located on a cul de sac. On the east and west side there are 2-story apartment buildings. The north side consists of RM-1200. The applicant feels a new project will benefit the area. They have talked to the neighbors on the east and west and they are supportive of the project. There was no one in opposition at the Planning Commission hearing. There are people who were in support but had to leave before the item was discussed. The Planning Commission denied the project. They have since revised the project and now instead of five variances being requested there are only two, (a) maximum structural height and (c) maximum number of bachelor units. He has submitted a copy of ali the plans. If the Council permits the project to go forward, the development will improve the area. If they have to go with the existing RM-2400, there is a house in front and they need 5,000 square feet of space to build around it to build on the back of it. it would not leave any room and they could not do any improvement on the project. blayor Bay. He referred to a letter submitted by Mr. Kiafar dated January 18, 1988 listing the three waivers b, d and e which tie changed in the revised plans. He asked if the changes were submitted to staff. · Greg Hastings, Senior Planner. The plans were submitted approximately one week ago. Staff has not had an opportunity to discuss them with the developer. PUBLIC DISCUSSION- IN FAVOR: Kathrine Wesolosky. Sl~e is the owner of the property. This would be a very good project. Ail around the property are apartments 2-stories high. There would be no problem with parking because the parking is going to be underneath the living corridors. 5i City Hall, Anaheim, California - COUNCIL MINUTES - January i9, 1988, 1:30 P.M. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilman Hunter. The Council should uphold t:he Planning Commission's unanimous denial of the request. If the applicant wants to fine-tune the project and resubmit it at a later date they could do so. It is a very difficult area in the City which would have the potential of becoming another Chevy Chase project in the future. ENVIRONM~TAL I~ACT REPORT - NEGATIVE DECI~TION: On motion by Councilman Hunter, seconded by'Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Pickler was absent. MOTION CAllRIED. WAIVER OF RiiAJOING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution No. 88R-23 and 88R-24) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. Councilman Pickler was absent. CARRIED. MOTION Councilman Hunter offered Resolution Nos. 88R-23 and 88R-24 for adoption, denying Reclassification No. 87-88-27 and denying Variance No. 3728, upholding the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 88R-2~: A P~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF AJ~AJ{EIM FINDING ~2ND DETERMINING THAT A C~LANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AJlEA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO. 88R-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3728. Roll Call Vote: AYES: COUNCIL M~EMBERS: Ehrle, Hunter~ KRyw~bd and Bay NOES: COUNCILM~ERS: None ABSEN%: COUNCIL MEMBERS: Pickler The Mayor declared Resolution Nos. 88R-23 and 88R-24 duly passed and adopted. i79: PUBLIC HEARING - RECLASSIFICATION NO. 87-88-20: ;~PPLiCAJqT: City of Anaheim (Planning Commission) 200 So. Anaheim Blvd. Anaheim, Ca. 92805 52 City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. REQUEST/ZONING/LOCATION: For a change in zone from ML to CL to bring subject properties into conformance with the General Plan. The area consists of 14.8 acres and is located at the northeast corner of Cerritos Avenue and Anaheim Blvd., with street addresses of 1490 South Anaheim Boulevard and 333 East Cerritos Avenue. PLANNING COMMISSION ACTION: Resolution No. PC88-225 denied Reclassification No. 87-88-20; approved EIR - Negative Declaration. HEARING SET ON: A rewiew of the Planning Commission's decision was requested by Councilman Pickler and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 7, 1988. Posting of property January 7, 1988. Mailing to property owners within 300 feet - January 8, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 9, 1987. Mayor Bay. He spoke with Councilman Pickler before he left. Councilman Pickler did request that this public hearing be continued so that he could be present. The Mayor then asked if anyone was present on the public hearing; no one was present. MOTION: Councilman Bay moved to continue the public hearing on Reclassification No. 87-88-20 for one week for full Council action. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 134/17~: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 232, RECLASSIFICATION NO. 67-88-21 AND VARIANCE NO. 3719: APPLICANT: Fairmont Ltd. 13632 Hazel Street Garden Grove, Ca. 92642 REQUEST/ZONING/LOCATION: To consider an amendment to the Land Use Element of the General Plan, redesignating the current Hillside Estate Density to Hillside Low~ledium or Hillside Low-Density Residential. To also consider the change in zone from RS-HS-22,000 (SC) to RS-5000(SC), which would permit the establishment of a ~7-unit single-family subdivision on property located at 220-22~ South Fairmont Boulevard. The code waivers requested are as follow: (a) Required lot frontage, (b) minimum building pad area, (c) maximum number of bedrooms, (d) minimum garage setback, (e) minimum 'rear yard setback. PLANNING COMMISSION ACTION: Resolution No. PC87-251 approved General Plan Amendment No. 232, Exhibit B; Resolution No. PC87-252 granted Reclassification No. 87-88-21 but to the RS-HS-10,000(SC) zone; Resolution No. PC87-253 denied Variance No. 3719; approved EIR - Negative Declaration. 53 City Hail, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. HEARING SET ON: The Planning Commission recommended that the City Council review the Reclassification and Variance. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 7, 1988. Posting of property January 7, 1988. Mailing to property owners within 300 feet - January 8, 1988. PLANNING STAJ~F INPUT: See Staff Report to the Planning Commission dated November 9, 1987. APPLICANT'S STATEMENT: Lorren Bell, 1226 West 5th Street, Santa Aaa, Ca. 92703, Agent. Originally when they purchased the property, had planned to sell large one-~mlf acre lot custom type homes. Their marketing people told them that such homes would be difficult to sell because of surrounding land uses - busy Fairmont Boulevard, the Utility Substation, Junior High School, shopping centers and other developments in the area t~at have changed it considerably from where RS-HS-22,000 homes are quite popular. He then elaborated on efforts made to sell the lots for RS-22,000 but they were not successful. They then submitted a plan for condominiums which was disapproved by 'the Planning Commission. They were advised by members of the Commission to try something of a low density, 5 or 6 to the acre. They devised several plans and filed a plan that had 17 homes on the 3-acre parcel. They also met with the neighbors. What finally evolved was a plan consisting of 12 homes of 1,800 tO 2,800 square feet. The Planning Commission asked if they would accept RS-10,000 which they said they would. However, the variance was denied and it was recommended that they revise the plan again which they have done. It may mean they will lose another lot. In answer to Councilman Hunter, Mr. Bell confirmed that under the R$-HS-22,000 zone they could build 5, one-half acre estates. Under RS-HS-10,O00 they could build 11 homes if they had a variance for the Reclassification to the RS-10,000. The General Plan with the RS-10,000 would indicate 4.3 per acre but the zoning says 3.4. Without any variances~ the number would be 10. He also clarified for the Mayor that the new plan has ii homes which would require one variance for the additional one lot _coverage and the three !ors that have 20-foot driveways instead of 25 feet. The Traffic Department will accept 20 feet if they have roil up garage doors instead of overhead doors. Mayor Bay asked for clarification that Mr. Bell went before the Planning Commission asking for RS-5,000. The Planning Commission approved RS-10,000 with no variance which would allow them to build 10 homes. Their request now is that they would like the RS-10,000, with a couple of variances which they consider minor, in order to build 11 homes. Mr. Bell answered that was correct. 54 City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. PUBLIC DISCUSSION- IN FAVOR: Harold Abraham, 13632 Hazel Street, Garden Grove. As an investor with Fairmont Ltd., it was his intention at one time to own one of the homes but it did not become a reality. He then asked ior clarification. The Planning Commission approved the RS-10,O00 zone when they had requested RS-5,000 with 17 lots. They are not requesting any variances at this time because they have not applied for any variances on the RS-J0,000. The variances they were requesting at the time on the 17 homes were brushed aside and they gave up the request. They are not requesting variances at this time. If under RS-10,000 at a later date they decided they wanted an additional lot, they would have to make a decision at the time whether or not they wanted to file for a variance on the lith home. PUBLIC DISCUSSION- IN OPPOSITION: Sonja Grewal, 400 So. Canyon Ridge Drive. She referred first to copies of letters which she was asked to share. (The Council stated that they had received letters from the Broadmoor Northridge Community Association, Santa Aha Canyon Property Owners Association, Canyon Hills Estates Homeowners Association and the Old Del Georgio Homeowners Association, expressing opposition to the General Plan Amendment, Reclassification and Variance). She then read portions of a letter from the President of 01d Bridge Homeowners Association also opposing the request. "The one-half acre requirement must not be downgraded. The proposed development would seriously change the feel and attractiveness of the area. The developer was aware of the zone restriction when he purchased the property. He should be required to adhere to these restrictions or sell the property to someone who will." She also read a letter submitted by Mitzy 0zaki, who was a member of the original task force formed by the City Council in 1975 who worked for over 18 months to study and map out the Hill & Canyon Area General Plan. (Made a part of the record). She emphasized that the original Mohler area annexation, similar to the Peralta Hills Annexation contained language that the area would remain intact as one-half acre zoning just as Peralta Hills one acre. Ms. Grewal then added comments of her own. The property is not right across the street from 10,000 square-foot zoning; an adeqtrate buffer has already been get in the 10,000 square-foot zoning of ghe Rio Grande property. The church and the power station also act as a buffer to the other commercial area; the estate size density can be retained; it is dangerous to start spot zoning right in the middle of the only other large estate size piece of property left. Carol Garrinson, 3210 Bridge Road. Relative to the economic hardship issue posed by the developer, 55 City Hall, Anaheim~ California - COUNCIL MINUTES - January 19, 1988~ 1:30 P.M. she submitted property information relating to the sale of a piece of property in the area, the point being she feels there is a market for estate size lots on the subject property. The applicant was aware of ali circumstances when the property was purchased. She urged that the Council maintain the zoning on the property. City Attorney, Jack White. He clarified that economic hardship is not a basis for granting any variances. It is not an adequate basis to find there is an economic hardship which would serve as a basis for the variance. The Council needs to find that the hardship relates to the actual land itself - the configuration or topography as opposed to economic. Councilwoman Kaywood. She asked staff to check to see if there was a showing that this property was a part of the original Mohler Drive Annexation. Pam Fink, 3110 Bridge Road, Anaheim. Her property backs up to a private street, Del Georgio. She has spoken with the residents and their property is closest to the subject property. A petition was previously submitted asking that the original zoning be upheld and not changed in any way. They bought their homes a number of years ago. They are asking that the Council consider the General Plan and not change the zoning. Robert Zemei, 7330 Stonecreek Road, Anaheim Hills Citizens Coalition, and Board Member of Old Del Georgio Homeowners Association. He will be adversely affected by approval of the reclassification. The impacts would include sound, traffic, safety and aesthetics. A reclassification is not necessary nor desirable for the orderly and proper development of the community. Such spot zoning can only lead to further reclassification requests from neighboring landowners. The current General Plan was based on an intensive Environmental Impact Report. Any change should require a supplemental EIR which would address such things as additional daily trips which will increase 176 to 203 additional trips on Fairmont Boulevard as opposed to the present zoning of 68 additional trips. There are also many other questions that need to be answered. The owne-rs have failed to show-evideffce or justification to substantiate the need for a General Plan Amendment. They relied upon the plan when they purchased their homes. There is no hardship. If it is a bad piece of pro'perty, he questioned how adding more lots to it would make it better. He urged denial of the request. SUMMATION BY APPLICANT: Lorren Bell. Some of the peopie who spoke are not within a 300-foot radius. The same amount of grading will occur if only 5 homes are built 56 City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. as well as the other required improvements. He then rebutted and/or countered many of the statements made by those in opposition. He then pointed to those areas that had deviated from the General Plan. There have been several deviations to the General Plan and one-half acre lots. They are looking to put something in the area much nicer than what is there. Mayor Bay. An issue that is broached repeatedly is that the General Plan should be held to without change. The General Plan set up in the hill and canyon area was a General Plan and there have been many changes from the original plan. His concern, there was an overall density limitation set up within that plan and regardless of the changes that have occurred in the individual developments and zoning that the original limitation of density under the General Plan has always been held. The last time he asked, the answer was that they have held to and below the overall density of the full General Plan. He would like to know what is different about changing the zone from RS-HS-22,000 to RS-10,000 vs. what has been happening in the hill and canyon area if it will "break the straw" relative to density limits under the General Plan. Leonard McGhee, Associate Planner. Answered no. Further, since adoption of the City-wide General Plan in 1969, the City Council has always viewed the General Plan to be a flexible document - it is not a precise plan. Councilwoman Kaywood. Relative to the overall density, that referred to Anaheim Hills which is a planned community. The Mohler Drive annexation was a separate annexation and it was one-half acre minimum zoning. The City had a similar agreement With Peralta Hills with a minimum of one acre. That is for the entire City of Anaheim for 45 square miles the only one-half acre and one acre minimum zones. There was an agreement when those areas were annexed to the City. She has always lived up to that and intends to do sc in this case as well. It is important that the Council abide by the agreement that was instituted at the time of annexation. It is important to be able to rely on promises made by a Council at the time of annexation that the area would remain in the one-half acre zone. Councilman Hunter. He agrees. The General Plan and Reclassification should be denied. They cannot keep putting more~density in that area. Councilman Ehrie. He agrees with the developer that the area has changed in the last year or two but feels it is necessary to uphold the RS-HS-22,000 zoning. It is the developer's responsibility to market the property in a realistic manner. 57 City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. Mayor Bay. This is the first he has heard of the Mohler Drive annexation agreement. It is perhaps time that the Planning staff review such historical agreements on the whole hill and canyon area and inform the Council of those agreements. He would like to see a map with the Mohier Drive annexation with lines around it and know if there is some particular agreement that was made because he is not ready to break any agreements. He wants to know if there were commitments that were binding on the Council. If there are agreements, he is ready to abide by them. He is not ready to say, however, t~mt once a General Plan is set, there will be no flexibility from that plan. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the City Council z. pproved 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 t~e environment. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF RF~ING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 88R-25, 88R-26 and 88R-27) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Bay seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-25 for adoption denying General Plan Amendment No. 232; Resolution No. 88R-26 for adoption denying Reclassification No. 87-88-21; and Resolution No. 88R-27 for adoption, denying Variance No. 3719. Refer to Resolution Book. RESOLUTION NO. 88R-2b: A RESOLUTION OF /'HE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMY~NDMENT NO. 232. RESOLUTION NO. 8~R-2~: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A C}LANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HE1LEINA!~TER DESCRIBED. P~ESOLUTION NO. 88R-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING V.A~LIANCE NO. 3719. ~ Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler The Mayor declared Resolution Nos. 88R-25, 88R-26 and 88R-27 duly passed and adopted. 58 City Hall, Anaheim, California - COUNCIL MINUTES - January 19, 1988, 1:30 P.M. ADJOURNMENT: Councilman Bay moved to adjourn to Tuesday, January 26, 1988 at 11:30 a.m. for the purpose of a Closed Session to discuss labor relations. Councilwoman Kaywood seconded the motion. Councilman Pickier was absent. (5:03 p.m.) LEONORA N. SOHL, CITY CLERK 59