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1988/02/02City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. The Assistant City Clerk called the regular meeting of the Anaheim City Council to order at 12:00 noon and recessed same until 4:00 p.m. for lack of a quorum. The City Council of the City of Anaheim met in regular session. The Mayor called the meeting to order at 4:00 p.m. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sokl PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti DIRECTOR OF PARKS, RECREATION & COMMUNITY CENTER: Chris Jarvi ASSISTANT EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich CODE ENFORCEMENT SUPERVISOR: John Poole A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on January 29, 1988 at the Civic Center kiosk, containing all 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 Anaheim, 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. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section S4956.9(b)(i). Councilman Bay moved to recess into Closed Session. Councilman Ehrle seconded the motlom. MOTION CARRIED. (4:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:37 p.m.) INVOCATION: Pastor Phil Aguiiar, Set Free Fellowship, gave the Invocation. FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of Allegiance to the Flag. 91 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. 119: CONTESTANTS - MISS ANAHEIM PAGEANT: Contestants of the Miss Anaheim Pageant to be held at the Celebrity Theater on Marc~ 19, 1988 were present in the Chamber audience. Erleen Jones, Executive Director, Miss Anaheim/Miss America asked that each of the girls introduce themselves. Mayor Bay and Council Members welcomed the contestants and wished them good luck in the forthcoming Pageant. 119: PRESENTATION - ANAHEIM ECONOMIC DEVELOPMENT BOARD - INTRODUCTION OF MEMBERS AND MISSION STATEMENT: Mr. Marshal B. Krupp, Chairman of the newly formed Anaheim Economic Development Board (formazly the Industrial Development Board), first introduced the members of the Board which had been expanded from five members (Industrial Development Board) to nine members forming the Economic Development Board: Fred W. Bercher; Chuck Cooper; John M. Flocken; Thomas J. Heinz; Allan Hughes; Stanley J. Pawlowski; Robert J. Risteen; William Taormina. After the introductions, Mr. Krupp explained the overall purpose of the Board and gave the Board's Statement of General Goals as stated in the document previously submitted to the Council (see, Board of Economic Development, City of Anaheim, Anaheim California - made a part of the record) as well as the Statement of Milestones which was also a part of the document. Mayor Bay. He is not only delighted but amazed since the Board has had only two meetings in January but already the goals have been completely defined and milestones set. He thanked Mr. Krupp and also announced that the Liaison Council Members to the Economic Development Board are Mayor Pro Tem Pickler and Councilman Ehrle. 119: PROCLAMATIONS: The following proclamation was issued by Mayor Bay and authorized by the City Council: Black History Month - February 1988 Vocational Education Week - February 7-13, 1988 National Community College Month - February 1988 Voice of Democracy Week, February 1-7, 1988 Mr. Ronald Lark-Wallace accepted the Black History Month proclamation; Dr. James S. Kellerman, Dr. Tom Kurtz and Joanne Stanton accepted the Vocational Education Week proclamation; Dr. Kellerman accepted the Community College Month proclamation, and Dallas McCurry accepted the Voice of Democracy Week proclamation. 119: DECLARATION - GENE AUTRY: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Gene Autry, owner of the California Angels at a dinner to be held on February 4, 1988 congratulating Mr. Autry on being named Pioneer Sportsman of Orange County by the Rotary Club of Anaheim. 92 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held January 12 and January 19, 1988. Councilman Pickier abstained abstained on the minutes of January 19, 1988 since he was not present at that meeting. Councilman Ehrle seconded the motion. MOTION CARRIED. FINAhTCIAL DEMANDS AGAINST THE CITY in the amount of $4,282,729.00, in accordance with the 1987-88 Budget, were approved. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-44 throush 88R-47, both inclusive) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Bay seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-44 through 88R-47, both inclusive, for adoption. Refer to Resolution 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 Kanu Patel for property damage sustained purportedly due to actions of the City on or about November 26, 1987. b. Claim submitted by Larry Cooper for bodily injury sustained purportedly due to actions of the City on or about September 9, 1987. c. Claim submitted by Charlsie Gurule for bodily injury sustained purportedly due to actions of the City on or about October 2, 1987. d. Claim submitted by Ezola Foster for bodily injury sustained purportedly due to actions of the City on or about September 26, 1987. e. Claim submitted by 20th Century Insurance Company (Betty Garmanero) for property damase sustained purportedly due to actions of the City on or about October 21, 1987. f. Claim submitted by James Richard Bonsteel for wrongful termination purportedly due to actions of the City on or about February 5, 1986. Claim filed against the City - recommended to be Accepted: g. Claim submitted by Crescent Southern Baptist Church for property damage sustained purportedly due to actions of the City on or about July 13, 1987. 93 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. 2. Receiving and filing the following correspondence: (on file) a. 105: Public Utilities Board Minutes, meeting of December 10, 1987. b. 105: Community Redevelopment Commission Minutes, meeting of December 16, 1987. Councilwoman Kaywood asked the City Clerk to call Commissioner Martinez to ask whether he intends to continue serving noting excessive absences from Commission meetings. c. 107: Planning Department - Building Division Report for the calendar year 1987. d. 107: Building Division Statistical Report for period ending December 31, 1987. 3. 123: Approving the terms and conditions of the Affordable Development Agreement with Belage Manor Ltd. for 72 affordable out of 179 units at 1660-1664 West Broadway. 4. 123: Authorizing the execution of an agreement with Ralph Andersen & Associates for professional consulting services to review the City's Management Pay-for-Performance Program, with fees on an hourly basis ranging from $60 to $125. (Estimated overall cost is $50,000.) 5. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $33,602.82 for one 1-ton pick-up truck and one 1-ton truck with service body, in accordance with Bid No. A-4541. 6. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $28,617.88 for one fiat bed truck body with hoist, in accordance with Bid No. A-4542. 7. 160/123: Accepting the bid and authorizing execution of an agreement with Montgomery Elevator Company, in the amount of $232,200 for maintenance of the elevator and escalator at Anaheim Stadium for a period of three years beginning February 1t 1988 through January 31, 1990, in accordance with Bid No. A-4505. 8. 1~0/123: Accepting the bid and authorizing execution of an agreement with Norco Delivery Service in the amount of $36,900 for furnishing Citymail delivery service for the period February l, 1990 through July 31, 1991, in accordance with Bid No. 4491. 9. 123: Approving the Subdivision Agreement for Parcel Map No. 87-302, for property located at the northwest corner of Hancock Street and Hunter Avenue. The property consists of 5.25 acres, divided into 10 parcels, by Turner Development Company. 94 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. 10. 106/172: Authorizing an increase in appropriations/expenditures in the Traffic Engineering 1987/88 Budget by $125,000 for Orange County Unified Transportation Trust (OCUTT) funds allocated to the computerized Traffic Signal and Changeable Message Sign System; and an increase of $36,000 in funds received from the City of Orange for the I-5 Interchange Design Project Study. ($125,000 to Account No. 17-795-3167/6310 and $36,000 to Account No. 47-263-3167/6310.) 11. 123/106: Authorizing an amendment to the agreement with JHK & Associates to perform a traffic signal timing project and to design the closed circuit television for the Events Communication System and to increase the Resource Allocation Plan Revenue Account No. 17-795 by $84,500 to reflect funds from Caltrans. 12. 000/179: RESOLUTION NO. 88R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES FOR PLANNING, ZONING AND LAND USE, REHEARINGS, RE-INSPECTIONS AND RECYCLING FACILITY PERMITS. 13. 176: RESOLUTION NO. 88R-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (87-15A) (Declaring intention to vacate certain service easements - for electrical utility purposes located on the east side of Brookhurst Street, northerly of Lincoln Avenue, and setting a date for public hearing; suggested date - February 23, 1988, 3:00 p.m.) 14. 158: RESOLUTION NO. 88R-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W ~3500-53) (and authorizing a warrant be issued in the amount of $11,293.00 for said easement, needed to widen and improve a portion of North Anaheim Boulevard between Cypress Street and Lemon Street) i5. 158: RESOLUTION NO. 88R-47: 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. 16. 175.i23: Approving an extension of the Water Main Installation and Reimbursement Agreement with Kaufman & Broad. Roll Call Vote Resolution Nos. 88R-44 through 8§R-47: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-44 through 88R-47, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 95 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. 175.123: FOURTH AMENDMENT - AGREEMENT FOR CONSERVATION SERVICES WITH VOLT ENERGY SERVICES, INC.: Councilman Bay moved to approve the Fourth Amendment to the agreement with Voit Energy Systems Inc. for energy audits and conservation support services for a term to expire on January 31, 1989, as recommended in memorandum dated January 22, 1988 from the Secretary of the Public Utilities Board. Councilman Hunter seconded the motion. MOTION CARRIED. 153/112: ISSOANCE OF SUBPOENAS - WITNESS ATTENDANCE - DISABILITY RETIREMENT HEARING - WILLIAM LEE: Councilwoman Kaywood moved to authorize two subpoenas to be issued to compel attendance of witnesses at the Disability Retirement Hearing of William Lee, as recommended in memorandum dated January 28, 1988 from the City Attorney's Office. Councilman Bay seconded the motion. MOTION CARRIED. 105: RATIFICATION - BOARD MEMBER - PARKS & RECREATION COMMISSION: Councilwoman Kaywood moved to ratify the appointment by the Anaheim City School District of Christopher B. Whorton as their Representative on the Parks and Recreation Commission, as reported in letter dated January 11, 1988 from Meliton Lopez, Superintendent. Councilman Hunter seconded the motion. MOTION CARRIED. 107: REQUEST FOR ADDITIONAL TIME - HOUSE MOVE ON 514 E. BROADWAY: Request of S. J. Difilippo for an additional sixty days to move the 4-plex from property at 514 E. Broadway to a potential site being proposed for Hope House, on North Anaheim Boulevard. City Clerk Leonora Sohl announced that several people requested to speak to the issue. Bill Erickson, 301 East North Street. He referred first to the property where the structure is now proposed to be moved (Anaheim Boulevard), noting that the property is zoned general commercial and is directly across the street from the Elks Building which is in the process of being purchased by William Taormina. The move will not be a beneficial one. Mr. Difilippo should take his loss and dismantle the structure. He is requesting that the Council deny the 60-day extension to remove the structure. Keith Oleson. He has been present at all of the previous hearings. He feels the only thing more ridiculous than putting the building where it presently sits is putting it on Anaheim Boulevard. Mr. Difilippo should be made to do the right thing at least this one time and knock the structure down. He speaks for all the residents of the area and all the people who have been fighting the move-on for the past 12 months. It has to stop. He implored the Council not to put them through the same thing for another year. Phil Schwartze, 18012 Sky Park Circle, Irvine. He is present tonight as an interested parent on behalf of Hope House. Several weeks ago he was present in the Chamber audience when the house move-on was discussed. He initiated a conversation with Mr. Difilippo with a possibility of obtaining the structure on behalf of Hope House and moving it to another site. He also explored possible funding sources. He is asking that the Council provide him a small 96 39 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988~ 6:37 P.M. amount of time to find out if there is a way Hope House can acquire the property and to find a funding mechanism. He believes the problem could be solved within a 30-day period. With the present cost of construction and considering the needs of Hope House and the work they do, it seems a shame to take a building that could possibly be used and tear it down. If there is a way to pull the acquisition together, he can do it but it is necessary to have some time to find out if it can be done. Councilman Pickler. He feels Hope House does fine work. He was also in favor of having Mr. Difilippo upgrade the structure and to leave it on the present site but the Council majority is not in favor. The Council has given more than sufficient time for the structure to be moved. This time he (Pickler) does not want to see the structure sitting on that property any longer. It is time that it be moved. MOTION: Councilman Ehrle moved to deny the request of Mr. Difilippo for an additional 60 days to move the fourplex from property at 5i4 East Broadway. Councilman Hunter seconded the motion. Before a vote was taken, Councilwoman Kaywood stated this was the first viable use of the structure that she had heard but feels if the Council were to allow another extension of time, it could go on for another year and the neighborhood has put up with the situation far too long. A vote was then taken on the foregoing motion. Councilman Bay abstained. MOTION CARRIED. i79: REGULATIONS FOR CONVENIENCE MARKETS: Report dated January 26, i988 was submitted by the Planning Department concerning possible regulations for convenience markets with floor area of less than 15,000 square feet in commercial zones. This was Requested by City Council at their meeting of January 5, 1988 (see minutes that date). Joel Fick, Planning Director. In response to the concerns and issues raised by Council Members concerning both convenience markets and small strip commercial developments on seemingly undersized parcels, staff surveyed other cities to determine how they regulate such businesses, the results of which are contained in the January 26, 198~ report. Several alternate recommendations are presented in the report. The most viable and compatible with other jurisdictions is not to prohibit them being considered, but to institute a conditional use permit process. An application could be submitted and plans approved by the Planning Commission and ultimately City Council. If the regulations were codified and implemented, they would be looking at six to ten of these applications that would fall into this size range that would ultimately be considered through the hearing process. Councilman Pickler. The staff recommendation is something he has been looking for. The Council will not be saying no, but at least will have an opportunity to regulate what goes into a corner. This will bring those below 15,000 square feet to the Council and the Council would then have the opportunity to analyze the location. He supports the staff recommendations. 97 4O City Hall, Anaheim, California - COUNCIL MINUTES - February 2~ 1988~ 6:37 P.M. After brief Council discussion and questions to staff, Mayor Bay asked the City Attorney for clarification that what the Council is looking at is a Planning Department response to a Council request for a concept. He assumes that if the Council majority agrees with the concept, the next step would be to direct the City Attorney to draft the necessary ordinance changes that would be submitted for first reading and then for adoption. City Attorney White clarified that would be the procedure. MOTION: Councilman Pickler moved to (a) approve the concept relative to the regulation of convenience markets as presented by staff in report dated January 2~, 1988 and (b) direct the City Attorney to draft an ordinance incorporating the recommendations in the January 26, 1988 staff report to be subsequently submitted to the Council for consideration. Councilwoman Kaywood seconded ~he motion. MOTION CARRIED. WAIVER OF READING - ORDINANCE NO. 4898: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4898) Councilman Bay moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Ordinance No. 4898 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4898: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~ATING TO ZONING. (Amending Title 18 to rezone property located at 140 West Ball Road, under Reclassification No. 67-68-33(4)) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4898 duly passed and adopted. 114/127: CONSIDERATION OF AMENDMENTS TO THE CITY CHARTER: Councilman Ehrle. He was disturbed by an act taken by the Council acting as the Redevelopment Agency and also Housing Authority dealing with an administrative decision the Council made to compensate themselves for the time they put forth as Agency and Authority Members. He does not apologize for that action. It was not a violation of the City Charter but an administrative action as authorized by Government Code. His decision was based upon a Government Code as authorized by the State and it had nothing to do with the City of Anaheim Charter. He feels the City Charter is outdated and that it has to be reviewed and updated. It was approved in 1964 before there was a Redevelopment Agency and Housing Authority and when the population was well below the almost 250,000 residents in the City today. 98 City Hall, Anaheim, California - COUNCIL MINUTES - February 2~ 1988, 6:37 P.M. Councilman Ehrle thereupon moved that the Council call for a Blue Ribbon Charter Committee to do a complete review of the City Charter over the next several months and that subsequently Charter amendments be placed on the November, 1988 ballot. Councilman Ehrle continued that the committee should review such things as a 7-Member Council, Councilmanic Districts, a full-time Council, etc. Councilman Hunter seconded the motion. Before any action was taken, Mayor Bay asked the advice of the City Attorney relative to the proposed action. City Attorney, Jack White. He explained, unless justification is made and the Brown Act waived the best way to proceed would be to place this issue on the agenda for the next Council meeting in order to discuss further the creation of such a committee. Councilman Ehrie amended his motion as follows: That Council discussion take place at the Council meeting of February 9, 1988 on formation of a Charter Blue Ribbon Committee to consider amendments of the City Charter and that the issue be placed on the November, 1988 ballot. Councilman Hunter seconded the motion. Before a vote was taken, Councilwoman Kaywood, referring to a statement made by Councilman Ehrle relative to the great amount of time she spends as a Council person, stated that she has done so for almost 14 years but she did not seek to triple her salary in the process because she believes in public service. Unless he (Ehrle) votes to rescind the action he took on salary compensation, she feels this is a "cover up". Councilman Pickler. He has no problem discussing the issue. The Chamber of Commerce has been talking about the possibility of amending the Charter also. A vote was then taken on the foregoing motion. MOTION CARRIED. 114/127: RESCINDING OF RESOLUTIONS INCREASING COMPENSATION - REDEVELOPMENT AGENCY/HOUSING AUTHORITY: Councilman Pickler recommended that the Council agendize for discussion rescinding of the resolutions adopted on January 19, 1988 which increased compensation for Redevelopment Agency and Housing Authority Members and placing the issue on the June ballot. He feels such compensation should be initiated through a Charter amendment which he considers to be the proper vehicle and not a Consent Calendar. He does believe the Council is underpaid, and he knew what he was getting into when he ran for the position. Councilman Pickler moved that in one week the Council discuss the potential of rescinding the raises they gave themselves and putting the matter on the June ballot. Councilwoman Kaywood stated if Councilman Pickler changed his motion to place the issue on the November ballot instead of the June ballot, she would second the motion; Councilman Pickier felt that five months was ample time to prepare an appropriate initiative. 99 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. City Clerk Sohl explained that finalized ballot wording would have to be prepared and ready by approximately early April. Also, June would be a Special Election for the City of Anaheim and although it could be a consolidated Election, it would still entail some additional cost. The City's regular Election date is November, 1988. Councilman Ehrle. He favored the June ballot. There is a big difference between what the Charter says and what the Council did as an administrative act. He nas absolutely no problem putting the question to the people but what they did was not in any way, shape or form circumventing the people or anything else. Councilman Ehrle seconded the motion but that the issue be placed on the June ballot. Councilwoman Kaywood stated that spending $80~000 for an election is not what they want to do; City Clerk Sohl stated that $60,000 would be a realistic estimate for a Special Election. Councilman Pickier thereupon amended his motion that the issue be placed on the November ballot since he did not feel that more money should be spent for a Special Election. Councilwoman Kaywood seconded the motion. Before action was taken, Mayor Bay spoke against the motion stating that tonight there had been almost ten minutes of debate on the matter by the Council. A Roll Call Vote was taken on the foregoing motion and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSFATT: COUNCIL MEMBERS: Kaywood and Pickler Ehrle, Hunter and Bay None ITEMS OF PUBLIC INTEREST: Doug Kintz, President - Anaheim H.O.M.E. He first read an article from the Sunday, January 31, 1988 edition of the Register entitled, "Raise Cane Over Rising Toxic Threat" having to do with the Sunday, January 24, 1988 fire at Orange County Steel Salvage. He concluded that pressure will have to be put on the City Council to finally do something about the situation at Orange County Steel Salvage. Jeff Kirsch, 2661 West Palais. He commented on the newly formed Economic Development Board and the presentation given by its Chairman earlier in the meeting. There was no mention of quality of life or input from citizens. He feels citizens need a voice when such plans and ideas are in formative stages. He would like to see citizens have a knowledge earlier of what is going on and possibly give some input. 100 City Hall, Anaheim, California - COUNCIL MINUTES - February 2~ 1988~ 6:37 P.M. Dave Halbrook, 106 Corral. He referred to an item scheduled to be heard before the Council as a public hearing at their meeting of February 9, 1988 having to do with the redevelopment of the Anaheim Bowl property. He urged the Council to drive the area and down the residential streets to get an idea of the impact of the proposal on their residential neighborhood as well as traffic and circulation. A proposal of this magnitude needs more attention than just what is proposed on paper or in a short presentation by the developer. Councilman Bay confirmed that the subject public hearing will take place at 5:00 p.m. on February 9, 1988. RECESS: By general consent, the Council recessed for ten minutes. (8:20 p.m.) AFTER RECESS: The Mayor called the meeting to order, ali Council Members being present. (8:37 p.m.) 174: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND BUDGET - 14TH YEAR: To consider a 1988-89 Program and Budget as recommended by the Communitywide CDBG Citizen Participation Committee for a total allocation of $2,121,000 and an alternative program and budget of $2,277,00 in the event the funding level is not lowered. Submitted was report dated January 18, 1988 from the Community Development Department, recommending that the Council approve the 1988/89 CDBG Program and Budget as recommended by the Communitywide CDBG Citizen Participation Committee for a total allocation of $2,121,000 and an alternate program and budget of $2,277,000 in the event the funding level is not lowered. (The Committee budget recommendations are comprised of two parts: 1) a basic program and budget for $2,121,000 and 2) backup activities totalling $156,000 for a larger total of $2,277,000). Lisa Stipkovich, Acting Executive Director of Community Development. The Communitywide CDBG Participation Committee met on November i8, 1987 and December 16, 1987. Gladys Wallace, Chairman of the Committee is present to convey the Committee's recommendation. Gladys Wallace, 2425 East Lizbeth, Chairperson of this year's Communitywide CDBG Citizen Participation Committee, briefed the Council on the two meetings held and the resultant Committee's recommendations which she read from the prepared document (title - Committee Recommendations for CDBG Program FY 1988/89). Lisa Stipkovich. Staff had a change they would like to recommend after meeting with several members of the Jeffrey/Lynn community and the Parks and Recreation Department - that the dollar amount of $50,000 remain the same but clarifying the type of study to be performed as human and social service study/implementation which was reflected on the sheet just handed to the Council. 101 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. Mrs. Wallace clarified that was recommended by the Committee. Lisa Stipkovich. One other item under non-profit agencies, the original recommendation for $67,000 was to go to Turning Point, an organization which is working with Youth Outreach. Turning Point has indicated they would not be interested in continuing with the contractual relationship based upon the requirements that they have a depreciating contract over the years. Therefore, staff is asking to use a more generic term for the purposes of submitting the application to HUD and calling it Youth Outreach Workers and for the exact implementation of that program to be determined at a later date. That will give a category that HUD will accept. Those are the only staff changes. Mayor Bay opened the public hearing and the following people gave their input: Tony Barobon, 136i West Cerritos, #90, Anaheim, Project Coordinator for the Gang Intervention Prevention Project, Turning Point Family Services. Turning Point had to renege on their contract because it was a depreciating contract. It is the only City contract he has with depreciating funding and it is not right. It does not mean they are giving up on the City of Anaheim youth. Betty Ronconi, 1241 South Walnut, Acting Clmirperson, H.O.M.E. #65, the Jeffrey/Lynn area. They are supportive of the recommendations made by the South Anaheim Neighborhood Council (SANC) and the St. Boniface Parish Organizing Committee (SBPOC). Meeting human needs in the Jeffrey/Lynn area should be high priority. CDBG Funding is an opportunity for the Council to allow cooperation among government and private agencies, business interests and the private sector. Joe Rodenbour, 604 North Clementine. Approximately 115 people are present in the Chamber audience representing the St. Boniface Parish Organizing Committee regarding the establishment of a community center in the Jeffrey/Lynn area. The organization has done thorough research of the situation with renters, homeowners, H.0.M.E. #65, landlords, Disneyland and religious congregations. Their presentation will consist of four speakers. Delia Barella, 1111 Citron Street, speaking through an interpreter, Fernando Diaz. She represents the Jeffrey/Lynn community which suffers from prostitution, vandalism, violence, poor health care, drug addition and alcoholism. The best solution for their community is a community center where they can guide their youth and community. If the Council wants to do something about the problems in their community, then a community center should be started as soon as possible. They have also met with the Orange County Consortium which group will work with the community in dealing with their problems. She urged that the community center be taken into consideration not under a study but 102 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. that it be started immediately so that it could be working for the community rather than taking the time to study the community. Jose Barietos, speaking through the interpreter, stated he is also representing the Jeffrey/Lynn community and has been living there for almost ten years. He explained his concern and that of the community for the children who are at an age when they can be pulled into drugs, gangs and prostitution. These things happen in the community in the evening when the children go out to play. It is due to lack of professional help in the area such as a social worker and youth guidance assistance that a community center could provide, it is very much needed in the Jeffrey/Lynn area. Jacob Felder. He and his wife have owned property in the Jeffrey/Lynn area for almost ten years. They are supporting the interest of the community by participating in the work of the St. Boniface Parish Organizing Committee's work. There are those who are investing in the area by making numerous improvements. The business community has also demonstrated some interest as indicated by a meeting with Mr. Lindquist of the Disneyiand Corporation who is showing strong interest in participating in a community self-help type program. The City's participation is also needed. Mr. Felder then answered questions posed by Mayor Bay relative to how he limits occupancy in his apartments. The Mayor had asserted that a lot of the problems in the area are due to over-occupancy and overcrowding which is allowed by some apartment owners. Father John Lenihan, 120 North Janss (Pastor - St. Boniface Church). The issue is not just the concern of a few people living in the apartments in the Jeffrey/Lynn area - it is a whole City vision. Thirty-four million people visit Anaheim annually. The issue is one that will affect the whole City's ability to maintain its image and it is an extremely important economic issue. The menial labor done in the Disneyland area hotels is done by the people who live in Jeffrey/Lynn. It involves a basic right to a good life and it is necessary to look at creative ways to make that life a quality life. In a meeting with the Parks and Recreation Department yesterday there was agreement that there are huge problems and something must be done. They discussed the problems relative to particular sites in terms of parks because of Edison easements and a certain section owned by the Utilities Department. They would like to keep that option open. However, their major focus is to move to the central vision of a community center. He feels that the City does not have a good track record in terms of studies. They are concerned with the first step being a good first step, one that promotes self growth and something from within rather than without. A lot of study has already been done. Their hope and dream now is that there would be some building right in the middle of the Jeffrey/Lynn community. They want to have the Council direct the Parks and Recreation Department to begin right away studying the possibility of some kind of site for a community center. They do not want it to go on a long range study basis. Fifty 103 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. thousand dollars is a lot of money to start with. They are concerned that a $50,000 study will get farmed out to some group who does not get involved with the people. They like the Orange County Consortium because they talk to the people and will do a study for a lot less than $50,000. He also has a letter from Disneyland and they are very supportive of any kind of plan. (He read a portion of the letter). T~e hope is that the community center will be phase I and a mini-park phase II. That is what their concern is all about. Jerry Resch, 1317 Castle Avenue, Acting Chairman of the South Anaheim Neighborhood Council. He was also an owner of property for 8 years in the Jeffrey/Lynn area. As a neighborhood Council, they have been working on the problems in that area trying to solve them. He is expressing the Neighborhood Council's support for what has thus far been said tonight. Hector Magnani. He has lived in the area for 33 years. It was a nice area. When the apartments were proposed to be built, the residents opposed them. In 1984 at the request of the residents the Council instituted resident-only parking in the area which helped. Regarding the request for a park, Stoddard park is only two blocks away. The problems that are experienced in that area are problems that start in the home. Dagoberto Zavala, Central American Services of Anaheim (C.A.S.A.), 1120 West Santa Aha Street, Anaheim. His concern goes to the Central American and Spanish community at large. T~ey have developed an agency, the Central American Services of Anaheim dealing with the problems of the Central American community. As refugees, they are facing conditions totally different than those they faced in the countries from which they came. They have been doing outreach for their community working with people who are in need of medical assistance and other problems. He is asking for support and funding for the organization to assist in these problems. Maury Abrams, Chairperson, Board of Trustees, Unitarian Church of Orange County. He is ~p~aking in support of tha proposal of C.A.S.A. for funding. He urged the Council to consider the problems of the Central American community. Their problems will continue as long as those groups are not integrated into the community. Rolando Castillo, University of California Irvine, Department of Medicine stationed at the North Orange County Community Clinic in Anaheim which provides medical services for the NOC Region. He supports the request of C.A.S.A. The Central Am__arican population is migrating to the United States for very different reasons than those of other Latin American countries. Considering there is a war taking place, the community residents are exhibiting a variety of physical illnesses and mental health needs. Unless these problems are resolved, there will be negative consequences. Anaheim's assistance is needed. 104 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. Amin David, 419 South Colt, Anaheim. He is present to support his brother Dr. Castillo and Los Amigos of Orange County who he is also representing as their president. C.A.S.A. needs a place in the county where they can provide the specialized services needed. There are political and economic refugees coming to this country, either under pressure or who have been invited. They strongly support the request as a preventive measure as well as the proposal made by the St. Boniface Parish Organizing Committee. Joann Barnett, 313 North Plantation Place. She has submitted a report from the Ad hoc Youth Task Force (see report dated January 28, 1988 to City Manager/City Council from Ad hoc Youth Task Force - subject project S.A.Y. Youth Outreach). They are working with diminishing funds but doing well working with the two agencies that are continuing their contract. With the termination of the Youth Outreach contract with Turning Point, there will be a total of approximately $44,000 remaining to fund youth outreach services. It would be difficult to continue the present level of service with only this amount of funding and services could only continue for an additional 12 months. If granted, they would like the CDBG contingency of $37,000 to be given to them to serve the Youth Outreach. Mary Jones, 810 West Wilhelmina. The conditions that exist in the Jeffrey/Lynn area are depreciating which she knows is of great concern to the City. Since the area is in St. Boniface Parish, she and her husband as parishioners are also concerned that action be taken to rectify the situation. They propose that the Council give serious consideration to giving immediate attention to finding a solution to the problem as soon as possible. It is for the good of the City and the good of all citizens. Ron Bengochea, 1751 South Nutwood. He is a strong advocate of drug awareness for all the youth in Anaheim and Orange County as a whole. As a strong family man, he believes that many of the problems can be taken care of in the home. He is not sure that a community center is the answer. It is necessary to clean up the element that is there and to police the area. If a community center is built and the kids go there, it would be positive but only with proper supervision, if mot, the "druggies" are going to be in the center and the kids will be run out. Each neighborhood has to try to patrol itself and put pressure on the bad elements. COUNCIL ACTION: Mayor Bay closed the public hearing. RECESS: By general consent, the Council recessed for ten minutes. (9:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (10:17 p.m.) 105 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. Chris Jarvi, Director of Parks, Recreation and Community Services. Staff has been working on the problem, working with the CDBG meeting process and the neighborhood. They recognize there is a problem in the neighborhood which is a complicated one and something is going to have to be done. What staff is asking is for $50,000 to do a study to determine exactly the nature of the problem. What Jeffrey/Lynn is asking for is basically the same thing, the only difference being the solution which they have identified is a community center. Staff is not sure that is the solution. There is no available land in the area that he can identify. One answer may be to develop something at Stoddard Park and the other to develop something internal within the Jeffrey/Lynn area, possibly taking over one of the apartment buildings for the outreach function. Staff feels a study is needed to know whether that would be feasible. They are limited by the funding available to them. Staff would use whatever portion of the $50,000 was needed for the study and the remainder for the implementation of the study. They are also recommending $67,000 for outreach workers for the neighborhood. He emphasized that a study is very much needed. The Manzanita study that was done for the Chevy Chase area has led to the development of a community center at Manzanita Park which is about a $400,000 investment. Studies in the past have done much good. It is better to be prudent and take the time to get a good solution rather than just a fast solution. Councilman Ehrle. He noted that some speakers referred to the Orange County Consortium to do the study. He asked if there are agencies that staff could contact immediately so that a study could be done more expediently. Chris Jarvi. When staff met with the Jeffrey/Lynn people, the Consortium was brought up. They are looking at where there had been models elsewere in the county and similar areas to devise solutions for human needs. They agreed with the group it was one of the things on which they would work together. After posing additional questions to staff relative to the feasibility of locating a community center in the Jeffrey/Lynn area, available land, lack of it, etc., Council Members first expressed their wish that there would be enough funds available to do all of the things requested not only tonight, but at the hearings before the Communitywide CDBG Committee. In concluding, the Council consensus relative to the Jeffrey/Lynn area was that a study is first necessary to insure that whatever is done to assist in solving the problems of the area is done correctly and that the study be done quickly. Mayor Bay. The idea of a community action task force was brought up by Father Lenihan. He would encourage the private sector to get involved in the problem. The public sector is involved to the limits within its own fiscal constraints and the CDBG budget which comes to the City from Federal funding. This year it represents an 8.7% reduction from the 106 City Hall, ~-aheim, California - COUNCIL MINUTES - February 2~ 1988~ 6:37 P.M. 1987/88 and a supplement for backup activities which is a 2% reduction. Unfortunately, the $2.1 million does not solve the problems of the world or Anaheim or even the Jeffrey/Lynn area. MOTION: Councilman Bay moved that the Council support and approve the recommendations of the Communitywide CDBG Committee as submitted in document titled - Committee Recommendations for CDBG Program FY 1988/89 which includes $50,000 for the Jeffrey/Lynn Apartment Area Human and Social Services Studies/Implementation - which budget is in the amount of $2,121,000(A) with backup activities of $80,000 for the Pearson Park restrooms, $39,000 for Hope Hous~ and a contingency of $37,000 for a total of $156,000 and a grand total of $2,277,O00(B). Before further action was taken, Mayor Bay stated that the Communitywide Committee does a tremendous job and it is difficult when dealing with only so much money. The Committee has done their work, and the recommendations have been made which are logical. Relative to the Jeffrey/Lynn area, when the staff starts its study and implementation of looking into whatever social services can be provided within fiscal constraints that they look at the possibility of setting up a public/private sector task force which not only includes Disneyland, but also every one of the major hotels in the tourist area who benefit from having that labor force close to their operation. He would like to see all the hotels invited to join in a Citywide problem on the Jeffrey/Lynn area because government cannot solve all the problems. That, along with what he considers a very fine division of the money by the Committee, is part of his motion. Councilman Pickler seconded the motion. He also would like to see with the efforts of the St. Boniface Organizing Committee and the people in the community that they do not wait for a study but that they get "mad", get into the area and help to clean it up. Councilwoman Kaywood. An important issue is the request of the Central American Services of Anaheim (C.A.S.A.). Looking at the numbers of people as reported by Mr. Zavala and those arriving in Anaheim - 180 were served this year and that number is expected to expand to 3,600 in 1988/89. She would like to see them meet with the Community Services Board to see what kind of help can be worked out together so that they do not feel they are forgotten and they can become productive citizens of the community. The C.A.S.A. request for CDBG funds was $60,000. Mayor Bay. He noted that the recommended budget had $199,000 in contingency funds. He asked staff's opinion taking $30,000 out of contingency to fund one-half of the C.A.S.A. request. Lisa Stipkovich. Typically they like to have 10% contingency but since there are no capital improvements involved in this program, they are not as concerned about the contingency funds. 107 2O City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. Councilman Bay thereupon added to his motion that $30,000 be taken from the $199,000 in contingency funds and address that to C.A.S.A. Before action was taken, Councilman Pickler stated he does not know if that is something he wants to do at this time. The Committee did not say it was a priority and he would like to find out more before approving those funds; Councilman Bay then withdrew that portion from his original motion so that the two items could be acted on separately. MOTION: Councilman Bay moved that $30,000 be taken from the $199,000 contingency funds with those funds allocated to the C.A.S.A. organization. Lisa Stipkovich. There was a comment at one of the meetings by the Committee to have the C.A.S.A. Agency approach the Community Services Board. The backup projects listed were Pearson Park restrooms and Hope House which had a little higher priority. Joyce Tippery, Member of the Communitywide Committee. The hour was late and the matter was overlooked. It was an oversite on the Committee's part. Gladys Wallace. Her recollection was that the Committee never talked about the issue. Councilman Pickler. The contingency is there and perhaps they should get a written report from the Committee and staff. There are other things they considered more important. He is not ready to go along with the motion at this time. Councilman Ehrle. He agrees with Councilman Pickier. He is not ready to allocate $30,000 at this time even though it is a worthy cause. They could vote on the matter any time in the next few weeks after they receive more information. Councilman Bay withdrew his motion relative to the C.A.S.A. request. A vote was then taken on the original motion approving the budget as recommended along with the recommendation that a public/private sector task force be established so that together the problems of the Jeffrey/Lynn area can be resolved. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None 108 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2972 AND NEGATIVE DECLARATION: APPLICANT: Larry P. Henry, et al. 2251 No. Loara Street Anaheim, Ca. 92801 REQUEST/ZONING/LOCATION: To permit a walk-up restaurant at 200 South Manchester Avenue, property located at the northwesterly corner of Manchester Avenue and Thalia Street. PLANNING COMMISSION ACTION: City Planning Commission offered Resolutions to grant and to deny Conditional Use Permit No. 2972, which failed to carry because of tie votes due to one Commissioner declaring a conflict of interest, consequently Public Hearing was scheduled before the City Council. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 21, 1988. Posting of property January 22, 1988. Mailing to property owners within 300 feet - January 22, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 4, 1988. APPLICANT'S STATEMENT: Armando Flores (Agent), 1771 West Glen. He wants to make a living for his family and himself. A taco stand is a very small place. He does not have very much money but he can try to make it a beautiful place. The property has been empty for almost 8 years. He will try to make it beautiful for the City of Anaheim and for himself. PUBLIC DISCUSSION- IN FAVOR NONE: None. PUBLIC DISCUSSION- IN OPPOSITION: Lillian Run0, 1120 Kenwood, Fullerton. She and her husband own the property adjacent to, and north of the proposed restaurant and are opposing the request. The businesses on Manchester between Lincoln and Broadway have only a few employees. The walk-up restaurant will be a drive-to walk-up restaurant. Plans indicate only three parking spaces. The applicant will operate with a maximum of three employees on site. The site is too small to handle additional parking. There is a severe parking shortage for customers. The restaurant's customers will be parking on their property. Trash will be difficult to control. Hours of operation are requested from 6:00 a.m. to 10:00 p.m. Anyone will have an excuse to be loitering in the rear parking area in the late hours when business tenants have gone home for the day. The rear parking 109 City Mall, Anaheim, California - COUNCIL MINUTES - February 2~ 1988, 6:37 P.M. area is secluded and concealed from Manchester. It would be a place to peddle drugs, deface buildings and commit other crimes. The business tenants agree that a walk-up restaurant would create more problems than any positive impact on their businesses. She submitted a petition opposing the granting of Conditional Use Permit No. 2972 signed by the business tenants of National Picture Frames, Mini Buggy, Imperial Screen and Anaheim Foam 'n Fabrics, those businesses in the property that she and her husband own. June McIntyre, 917 West Sycamore. She does not believe Mr. Flores could possibly meet the conditions placed upon him by staff. With the dedications required of the City, the applicant has to come up with a lot of square footage he does not have. The proposed bathroom will open to the outside in the direction of the residential home. A trash dumpster will be required but s~e does not know where it can be put. It will be in view of the home across the street. It is her family home where she was born and her brother now lives on the property. She feels a high moral obligation to protect his living space. This is not the place for a walk up restaurant. Steve Tamborine, 1185 West Locust. It is a poor location for a restaurant. It is bad from a traffic standpoint and there are no sidewalks. It will not even be a marginal value walk-up. There is also a safety factor. There is a lot of transient traffic. There are other risk factors since it is a good location for stop and rob. There is no security. It is not a typical taco stand. There are no facilities or adjacent buildings that stay open in the area. SUMMATION BY APPLICANT: Mr. Flores. The business will be operated by himself and his wife. The food will be prepared under clean conditions. He has been working in restaurants for almost 20 years and he knows how to handle food. Councilwoman Kaywood. She noted that the hours of 6:00 a.m. to 10:00 p.m. covered a long span of time. One of the letters the Council received stated they would have no objection if the business closed at 6:00 p.m. Mr. Flores stated he would agree to closing at 6:00 p.m. He also confirmed that he is leasing the land. Councilman Pickler. The safety and health standards fall under county jurisdiction. Relative to City imposed conditions, the applicant will have to fulfill all conditions in order to do business. He has no problem with what Mr. Flores wants to do. If it gets to the 110 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. point where the business will be using somebody else's parking spaces, the tenants will start complaining. If there are problems, there can be hearings on why the CUP should not be revoked. He feels Mr. Flores should be given the opportunity to establish his business. While he realizes there is a residence in the area, he does not feel it belongs there as everything around it is commercial or industrial. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, 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. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-48) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-48 for adoption, granting Conditional Use Permit No. 2792, subject to all Interdepartmental conditions and that the hours of operation will be from 6:00 a.m. to 6:00 p.m. only as stipulated to by the applicant. Refer to Resolution Book. RESOLUTION NO. 88R-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2972. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrie, Hunter, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 88R-48 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3726: APPLICANT: Iraj H. Eftekhari and Fatemeh Goodarzi 19400 Tustin Avenue Santa Aha, Ca. 92701 REQUEST/ZONING/LOCATION: To construct a 2-story 36.5 foot high single family residence at 301 South Penny Lane. Code waiver requested is that of maximum structural height - 25 feet permitted, 36.5 feet proposed. ZONING ADMINISTRATOR ACTION: The Variance was denied by the Zoning Administrator with decision date of December 23, 1987, and this decision was appealed by the applicant, with Public Hearing set before City Council this date. 111 City Hall, An~h,im, California - COUNCIL MINUTES - February 2~ 1988~ 6:37 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 21, 1988. Posting of property January 21, 1988. Mailing to property owners within 300 feet - January 21, 1988. APPLICANT'S STATEMENT: Barry Sullivan, 155 North Riverview, Anaheim Ca. 92808. The original plan submitted showed a residence at 36.5 feet in height based on the interpretation of the measurement taken from the highest point of finished grade or the lot site of the property. The property is a steep sloping site 90 feet by 230 feet in depth sloping away from the street. The driveway comes off Penny Lane. From the street side, the house is 1-story high or 15 feet high from Penny Lane. In order to reach the building pad which is 20 feet below the street, he tried to keep the residence as low as possible but still being able to construct a driveway into the structure. They have been before the Zoning Administrator three times with the proposal. The third time there were several opposing positions expressed. One suggestion was a flat roof. They subsequently devised a plan with a flat roof. Therefore, the current height being requested is 29 feet, 6 inches and not 36 feet 5 inches. The exact same floor plan and foot print is being proposed but with a fiat roof. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Mitzy Ozaki, 340 Timken Road. The canyon is a particularly beautiful area which is there for everyone to share and enjoy except when man decides to destroy that beauty. The City years ago recognized the assets and the beauty of the canyon area which inspired them to write the scenic corridor overlay zone. She read some of the provisions contained in that Code. The proposed structure, once 11 1/2 feet over Code, now 5 feet, is not in keeping with the Mohler Drive hillside estates. There is no hardship involved. Mohler Drive residents have consistently opposed any proposed violation of the standards. They are totally opposed to any precedent-setting compromise and are looking to the Council to maintain the integrity of the Mohler Drive area. Craig Painter, 767i Cordo Road. He is speaking on behalf of the people in the Mobier canyon area. He expressed concern over a variance that was somehow granted in the area to the displeasure of the residents. The Council must do everything to maintain the standards that have been established in the area. 112 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. Mr. McNames, 320 So. Timken Road. He referred to the five-page document he submitted to the Council concerning Variance No. 3726 (received February 2, 1988, submitted to the Council and made a part of the record). He briefed portions of the extensive and detailed information contained therein. He referred to a variance granted in 1986 on the property adjacent to the subject property. The residents were very aware that the variance was granted and it is being used as a justification for the subject variance. Because one mistake was made is not justification to continue it. They have all adhered to the City ordinance. The first house on Timken asked for a variance and the Council said no. The house was built at 25 feet. The applicant must adhere to the same rules. Marty Sullivan, 917 So. Glasseil. They are planning to live in this house and will try to do the best they can. She is also concerned about the beauty of the canyon. SUMMATION BY APPLICANT: Barry Sullivan. He rebutted the comments made by the opponents. The property is unique relative to the properties on either side. They cannot adhere to the 25-foot height. He has looked at 15 different ways of trying to get to 25 feet. They propose putting a bank of trees across the base so that only 25 feet of the structure will be visible. They had nothing to do with the existing condition of the lot. They intend to enhance it, landscape it and put an attractive residence on it. Audrey Day. Answering Councilwoman Kaywood, she stated that Mr. Suliivan's purchase of the property is contingent upon his plans being approved today. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilman Hunter. He is in favor of adhering to the scenic corridor overlay zone ordinance. The height should be maintained at 25 feet, not only for this residence but for all the rest. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution 88R-49) 113 Z4 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988~ 6:37 P.M. Councilman Bay moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-49 for adoption, denying Variance No. 3726. Refer to Resolution Book. RESOLUTION NO. 88R-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3726. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-49 duly passed and adopted. 107: PUBLIC HEARING - HOUSE MOVING PERMIT - TO MOVE A RESIDENTIAL STRUCTURE FROM 108 E. BROADWAY TO 302 E. CYPRESS: APPLICANT: Dirk and Laurel Enloe 623 So. Lemon Street, Anaheim, Ca. 92805 REQUEST/ZONING/LOCATION: To move a single family residence from 108 E. Broadway to 302 E. Cypress. The single family residence consists of two stories of approximately 1,800 square feet. The total lot area is estimated at 5,400 square feet. The property at 302 East Cypress is zoned RS-7200. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 21, 1988. Posting of property January 21, 1988. Mailing to property owners within 300 feet - January 22, 1988. PLANNING STAFF INPUT: See Staff Report from the Building Division dated January 20, 1988, recommending approval of the request for the relocation permit. APPLICANT'S STATEMENT: Dirk Enloe. They are in the process of entering into an agreement to move the house to the corner of Cypress and Philadelphia Street. It is a beautiful old home and they want to restore it. He is excited about the chance to help put something back into the City. If the house is not moved, it is going to be demolished. It is structurally sound. They are looking forward to the opportunity of restoring it. PUBLIC DISCUSSION- IN FAVOR: Sally Horton, 226 North Claudina. She is present as a neighbor and also as a representative of the Anaheim Neighborhood Association. They are happy to support the house move-on. The relocation of the house will serve to 114 City Hall, Anaheim, California - COUNCIL MINUTES - February 2, 1988, 6:37 P.M. enhance property values in the entire area. The Council's positive vote will serve as a message to neighborhoods both inside and outside the Redevelopment project that a new day is beginning and City officials do respond to the wishes of the individual property owners and residents. This will be a positive step forward. They thanked Redevelopment staff for t~e time, effort and cooperation spent on the matter and especially Lisa Stipkovich, Assistant Executive Director of Community Development and Rob Zur Schmiede, Redevelopment Project Planner. COUNCIL ACTION: Mayor Bay closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-50) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-50 for adoption, approving the house moving permit. Refer to Resolution Book. RESOLUTION NO. 88R-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A HOUSE MOVE ON PERMIT - RESIDENTIAL STRUCTURE FROM 108 E. BROADWAY STREET TO 302 E. CYPRESS STREET. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-50 duly passed and adopted. ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (12:15 a.m. - February 3, 1988) LEONORA N. SOHL, CITY CLF. RK 115