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1988/08/09City Rmll, Anaheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Kaywood, Pickler and Bay ABS~: COUNCIL MEMBERS: Hunter PRESENT: CITY MANAGER: Bob Simpson ASSISTANT CITY MANAGER: Jim Ruth ASSISTANT CITY ATTOKNEY: Robert Franks CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER: Paul Singer A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:15 p.m. on August 5, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the meeting to order at 12:00 noon. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, 0.C.S.C.C. No. 46-96-59; City of Anaheim vs. Borgatti, O.C.S.C.C. No. 40-46-20; Nies vs. City of Anaheim, et al., O.C.S.C.C. No. 55-63-88. b. To discuss labor relations matters - Government Code Section 54957.6. c. To discuss personnel matters - Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess .~].ess the motion to recess indicates any of the matters will not be considered in Closed Session. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Hunter, and welcomed those in attendance to the Council meeting. (1:51 p.m.) INVOCATION: Pastor Don Crider, Free Methodist Church, gave the Invocation. ~'E: Councilman William Ehrle led the assembly in the Pledge of to the Flag. 778 t:52 City Hall, A_n_aheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. 119: PRESENTATION - INTRODUCTION OF NEW CITY EMPLOYEES: City Clerk Leonora Sohl stated that there are a number of employees participating in the new orientation program who are present in the Chamber audience. At the second meeting of each month, new employees will be introduced and after their names are announced, will be asked to stand and remain standing until all have been introduced. At the conclusion of announcing the names of the new employees, they were welcomed by the City Council. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: National Night Out in Ananeim, August 9, 1988, Renaming the City "Ramaheim" on August 12, 1988, WESCON Week in Anaheim, November 14-18, 1988, Chief of Police Joseph Molloy and Mac Gruff, accepted the National Night Out proclamation; Bob Grove accepted the WESCON Week proclamation. 119: DECLARATION - FILL THE BOOT DAY IN ANAHEIM: A Declaration delaring that Saturday, August 27, 1988 be designated "Fill the Boot Day In Anaheim" was unanimously adopted by the City Council supporting and saluting the efforts of the Anaheim Firefighter's Association in the battle against Muscular Dystrophy. Fire Chief Jeff Bowman and Bob Moore of the Anaheim Firefighter's Association accepted the Declaration. Mayor Bay and Council Members commended their efforts and wished them well in the forthcoming event. 119: PRESENTATION - EXCW. IJ.ENCE IN FINANCIAL REPORTING: Mayor Bay and the City Council presented George Ferrone, Director of Finance, with a Certificate of Achievement for Excellence in Financial Reporting for the year ended June 30, 1987. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting given by the Government Finance Officers Association of the United States and Canada. This represents the llth consecutive year that Anaheim has received such a high honor. The Council highly commended Mr. Ferrone and his staff. George Ferrone, Finance Director was again pleased to accept the award and asked his staff to stand noting that the honor bestowed upon himself a~ City could not have happened without the aid of these staff members. MINUTES: Councilwoman Kaywood moved to approve the minutes of the tel meetings held June 28 and July 12, 1988. Councilman Bay seconded the Councilman Hunter was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,465,191.08 for the week ending July 29, 1988 and $2,139,281.68 for the week ending August 5, 1988, in accordance with the 1988-89 Budget, were approved. 779 City Hall, Anmheim, California - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. WAIVAR OF READING - RESOLUTIONS AND ORDINANCES: The titles of the following resolutions and ordinances on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-311 through 88R-313, both inclusive, and Ordinance Nos. 4947 through 4949, for adoption) Councilman Bay moved to waive the reading in full of the resolutions and ordinances. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTIONCARR_IED. CITY MANAGER/DEPARTMENTAL CONSENT CAT.~NDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, 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-311 through 88R-313, both inclusive, for adoption, and Ordinance Nos. 4947 through 4949 for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Edward J. Buller for property damage sustained purportedly due to actions of the City on or about June 11, 1988. b. Claim submitted by Marion Henry for property damage sustained purportedly due to actions of the City on or about April 15, 1988. c. Claim submitted by David John Flaker for property damage sustained purportedly due to actions of the City on or about March 17, 1988. d. Claim submitted by Elmer Thill for property damage sustained purportedly due to actions by the City on or about May 1, i988. e. Claim submitted by Andrew & Kathy Perez for property damage sustained purportedly due to actions of the City on or about March 2, 1988. f. Claim submitted by Julio Gomez Soto for property damage sustained purportedly due to actions of the City on or about June 3, 1988. Jim submitted by Fire-X Corporation for indemnity for damage ~u~tai~a on or ab0utMay 18, 1988. h. Claim submitted by Jose Anguiano 0rtiz for bodily injury sustained ~.~rportedly due to actions of the City on or about April 3, 1988. Claim submitted by Jose Torol Ortiz for bodily injury sustained pu~,ortedly due to actions of the City on or about April 3, 1988. Receiving and filing minutes of the Public Utilities Board meeting ?, 1988. A3. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held June 15, 1988. 780 City Mall, Anaheim~ California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. A4. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held June 22, 1988. A5. 107: Receiving and filing the Building Division Statistical Report for the month ending June 30, 1988. A6. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for June 1988. A7. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held July 13, 1988. AS. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held July 20, 1988. A9. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of June 1988. A_10. 175: Receiving and filing correspondence from Southern California Edison regarding an increase in electrical rates in 1989. All. 155/164: Approving a Negative Declaration pursuant to C£QA findings, for the construction of a 54" reinforced concrete pipe storm drain in Lewis Street and Ball Road. Al2. 000/155: RESOLUTION NO. 88R-311: A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-256 NUNC PRO TUNC. (To correct the inspection fee charged by the Public Works - Engineering Department from $41/Hour to $43/Hour) Al3. i58: Authorizing the payment of $80,387.50 to: Kenneth F. Worley for building modifications to 904 North Anaheim Boulevard - Nortn Anaheim Boulevard Street Widening Project (R/W 3500-68). Al4. 150: Approving a Notice of Completion of the construction of Modjeska Park Security Lighting, by Dewco General Contractors, ane authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. Al5. 150; Approving a Notice of Completion of the construction of Peraita Canyon Recreation Center Improvements, by D. W. Jensen Corporation, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. Al6. 169: Approving a Notice of Completion of the construction of Kr~ Boulevard Street Improvement-west side, by R. J. Noble Company, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. Al7. 175: Accepting a Notice of Completion of the replacement of pumps and appurtenances at the Linda Vista 555 Zone Booster Pump Station by McCalla Brothers, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. 781 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. Al8. 175: Awarding a contract to the lowest and best responsible bidder, Spear Pipeline Construction, in the amount of $205,859 for 1987-1988 Water Main Extension Improvements, citywide. Al9. 123: Approving an agreement with Willdan Associates for plan checking services to be used at the City's option when necessary due to excessive workload. A20. 160: Accepting the low bid of NAACO, Inc., in an amount not to exceed $88,000 to remove asbestos ceilings at the Senior Citizens Center in accordance with bid proposal 4599. A21. 123: Approving an agreement with Porta-Printer Systems, Inc., and the City of Tampa, Florida, for the purchase of Building Permit System (BIPS) software and documentation for the amount of $25,000. A22. 161.137: RESOLUTION NO. 88R-312: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A BORROWING BY THE ANAHEIM KEOEVELOPMENT AGENCY FROM THE LOCAL GOVERNMENT FINANCE AUTHORITY. (Approving the borrowing of $92,500,000 by the Anaheim Redevelopment Agency from the Local Government Finance Authority to issue a bond secured by the pledge of tax increment revenues, for Project Alpha Redevelopment activities) A23. 150: Nominating Mrs. Betty Sanford as the Anaheim candidate for a scholarship-membership in California State University, Fullerton's Continuing Learning Experience (CLE), recommended by Muriel H. Nelson, Chair of the Senior Citizens Commission. A24. 123: Approving the First Amendment to the agreement with East Anaheim Bobby Sox League #A-041, a youth softball organization, to delete the requirement of securing professional liability insurance. A25. 123: Approving an agreement with Eric W. Gruver, Ph.D., to conduct psychological evaluations for Police Officer, Police Reserve, and Jailer applicants from August 1, 1988, through July 31, 1989, and authorizing the Mayor to sign said agreement. A26. 175.123: Approving a Professional Services Agreement with International Maritime, Inc., for underwater inspection services at Walnut Canyon Reservoir for an amount not to exceed ~150,000. A27. 170.123; Approving the assignment of rishts in the Reimbursement Agreements dated July 27, 1982, and August 30, 1983, with Robin Hills Development for costs of Special Facilities (pumps and reservoirs) incurred with the development of Tracts i0407 and 10410 in Anaheim Hills. A28. ~6.123: Approving an agreement with Coast Community College District Gold~. West College - Criminal Justice Training Center, authorizing the use of City Folice motorcycles by City Police Officers, for the purpose of training students enrolled in courses conducted at said college, subject to certain conditions. 782 City M~]i, A~__aheim, cml~fornia - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. A29. 158: RESOLUTION NO. 88R-313: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. (Accepting certain deeds conveying certain real properties or interests therein to the City) A30. 114/142: ORDINANCE NO. 4947: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MF. ETINGS OF THE CITY COUNCIL. A31. 130/142: ORDINANCE NO. 4948: AN ORDINANCE OF THE CITY OF A~AAJiEIM ADDING NEW CHAPTER 1.02 TO TITLE 1 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FRANCHISES. A32. 000/129/142: ORDINANCE NO. 4949: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 16 OF THE ANAHEIMMUNICIPAL CODE BY ADDING THERETO CHAPTER 16.30 RELATING TO INSPECTION FEES. A33. 123: Approving a contract with Wrather Properties Development, Inc., for the lease of approximately 6.59 acres of undeveloped property located north of Katella Avenue and west of Walnut Street for temporary overflow parking during the Betterment III construction project, and appropriating $59,310 to Account No. 64-946-7107. Roll Call Vote on Resolution Nos. 88R-311 through 88R-313: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Kaywood, Pickler and Bay None Hunter The Mayor declared Resolution Nos. 88K-311 through 88R-313, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance Nos. 4947 through 4949: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Kaywood, Pickler and Bay None Hunter The Mayor declared Ordinance Nos. 4947 through 4949, both inelusiva, duly passed and adopted. End of Consent Calendar. Councilman Hunter was absent. MOTIONS CARKi~ il4: LETTER FROM CITY OF TUSTIN -ALCOHOLAND DRUG RECOVERY FACILITI~:. To receive and file letter dated July 20, 1988 from the City of Tustin re£a'~ing to the operation and administration of alcohol and drug recovery facilities licensed by the State Department of Social Services. Mayor Bay. The Tustin City Council is bringing this issue to the League of Cities with the hope that a resolution will be passed asking for changes at the state level concerning the matter. He has been very concerned relative to the state taking away local prerogatives on control of what is put into 783 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. neighborhoods within the City's jurisdiction. He still feels strongly the state has overridden local control in too many ways and this is just one example. Councilman Bay thereupon moved that the Council not only receive and file the letter but also agree with and support Tustin on their position on the issues involved. He referred to the five points listed by the Tustin City Council in their proposed resolution (see resolution attached to letter dated July 20, 1988) and also referred to the listing of the Department of Social Services Community Care Facilities Information System Directory report which included community care facilities in Anaheim. He was surprised to see how many are in existence in Anaheim and commented that previously when he wanted to know how many such facilities there were, was told that staff could not get that kind of information. He is not implying this is a major problem, but it is a proposal where the state sets up laws to overrule local control and the reason for making his motion. Councilman Ehrle seconded the motion for purposes of discussion. Councilwoman Kaywood. She is against the motion. There have been no problems with community care facilities in Anaheim. The alternative is tb~t either the state runs the facilities, or have everybody living on the street. She believes with Tustin the concern is one of management. To create a problem where none exists is the wrong way to go. Councilman Pickler. He would like the motion tabled to a future date. League meeting is to be held on Thursday and he would like to see what develops. The matter should be continued for at least two weeks. The Councilman Ehrle. He has no problem with a continuance but feels at some point it is necessary to let the state know that the City has some rights as well. Mayor Bay noted that a further concern of Tustin is that they cannot get answers to their complaints because two different state departments are involved. A vote was them taken on the motion to continue the matter but amended to one week, A~gust 16, i98§. Councilman Hunter was absent. MOTION CARRIED. 101: 1993 NATIONAL FOOTBALL LEAGUE (NFL) SUPERBOWL SITE SELECTION: Submitted was report dated August 1, 1988 from the Stadium General Manager, Greg Smith, recommending that the Council authorize Stadium management to participate in preparation and presentation of a Southern California regional proposal to the National Football League in an effort to bring the 1993 Superbowl to Southern California. Councilman Pickler. He removed the item from the Consent Calendar since he would like more information assuming that action can be continued for one week. If the City is again going to proceed, he wants to look at this in more detail. 784 I'4.6 City Hall, Anaheim, California - COUNCIL MINUTES - August 9~ 1988~ 1:30 P.M. Greg Smith, Stadium General Manager, stated there would be no problem with a one week's continuance. MOTION: Councilman Pickier moved to continue the decision on authorizing Stadium management to participate in an effort to bring the 1993 Superbowl to Southern California for one week, August 16, 1988. Councilman Ehrle seconded the motion. Before a vote was taken, Mayor Bay stated he was very concerned after the last time the City spent a great deal of money contending for the Superbowl to be played in Anaheim and this will be the third attempt. Following the last presentation the City made in San Diego, he stated then that he would never vote for the City to spend another nickel to be a party to the political games of the NFL in trying get the Superbowl in Anaheim and he still strongly feels that way. He does not intend to support any move at this time for the City to get involved in attempting to be part of that "seller's" market. A vote was then taken on the foregoing motion of continuance. Councilman Hunter was absent. MOTION CARRIED. Councilwoman Kaywood left the Council Chamber. (2:25 p.m.) 130: NOTICE TO IMPOSE SANCTIONS - ML MEDIA PARTNERS, L.P. MULTI-VISION CABLE TV: City Manager Bob Simpson explained that this item and the need to act on it' arose after posting of the agenda on Friday, August 5, 1988 at 3:15 p.m. Action by the Council will require a waiver of the Brown Act. Assistant City Attorney Bob Franks confirmed for the Mayor that the Brown Act can be waived by a 2/3's vote of the legislative body. If less than 2/3's are present, it would then take a unanimous vote of those Council Members present. MOTION: On motion by Councilman Bay, seconded by Councilman Pickler, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, August 5, 1988, at 3:15 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. Councilman Hunter was absent. Councilwoman Kaywood was temporarily absent. MOTION CARRIED. Councilman Bay moved that there be a cancellation of arbitration proceedings and to respond to the Notice of Appeal from MLMedia Partners, L.P., by scheduling a public hearing within 30 days to consider the appeal as recommended in memorandum dated August 9, 1988 from the City Manager, Bob Simpson. Councilman Pickler seconded the motion. Councilman Hunter was absent. Councilwoman Kaywood was temporarily absent. MOTION CARRIED. It was determined that the public nearing will be held on Tuesday, August 30, 1988 at 3:00 p.m. Councilwoman Kaywood entered the Council Chambers. (2:30 p.m.) 785 City Nmll, Anmheim, California - COUNCIL MINUTES - Ausust 9, 1988~ 1:30 P.M. 148: DETERMINATION OF VOTING DELEGATE AND ALTERNATE FOR LEAGUE OF CITIES ANNUAL CONFERENCE: Mayor Bay stated he will not be attending the Annual League of Cities Conference to be held in San Diego October 16 through 19, i988; Mayor Pro Tem Pickler and Councilwoman Kaywood stated they would be attending and Councilman Ehrle indicated that he is going to make an effort to do so. MOTION: Councilman Bay moved to designate Mayor Pro Tem Pickler the voting representative for the City of Anaheim at the Annual League meeting in San Diego and that Councilwoman Kaywood be the alternate. Councilman Ehrle seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 105: RESIGNATION FROM ECONOMIC DEVELOPMENT BOARD: Councilman Bay moved to accept the resignation of Thomas J. Heinz, from the Economic Development Board, and to authorize the City Clerk to post an unscheduled vacancy, and that a letter of thanks be sent to Mr. Heinz for his service. Councilwoman Kaywood seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD: Councilwoman Kaywood moved to accept the resignation of Betty Peterson from the Community Services Board and declare an unscheduled vacancy for the term expiring June 30, 1990 and that a letter of thanks be sent to Mrs. Peterson. Councilman Bay seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 105: DECLARING AN UNSCHEDULED VACANCY - COMMUNITY SERVICES BOARD: Councilwoman Kaywood moved to declare an unscheduled vacancy on the Community Services Board for the term of Irene Jennings, expiring June 30, 1991 due to the death of Mrs. Jennings. Councilman Bay seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 179/142: ORDINANCE NO. 4946 - PARKING REQUIREMENTS AND DEFINITIONS OF CONVENIENCE MARKETS: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4946) Councilman Pickler moved to waive the reading in full of the ordinance. Councilman Bay seconded the motion. Councilman Hunter was absent. MOTION CARRIED. Councilwoman Kaywood offered Ordinance No. 4946 for adoption. Refer to c~-dinance Book. O:~INANCE NO. 4946: AN ORDINANCE OF THE CITY OF ANAHEIMADDINGANDA}LENDING V-~ "TS SECTIONS AND SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE '~ICIPAL CODE RELATING TO PARKING REQUIREMENTS AND DEFINITIONS OF tARKETS. Roli ,rte: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickier, Kaywood and Bay None Hunter 786 1 44, City Ha!l~ Anahe~m~ C~l~fornia - COUNCILMINUTES - Ausust 9~ 1988, 1:30 P.M. The Mayor declared Ordinance No. 4946 duly passed and adopted. 127/142: PROPOSED AMENDMENTS TO THE CITY CHARTER: To discuss potential changes to City Charter to be placed on November 1988 ballot. This matter was discussed at the Council meetings held starting May 3i, 1988 to this date, today being the last day to place any additional measures on the November, 1988 ballot. City Clerk Leonora Sohl announced that the only additional items are the arguments on the issues already approved to be placed on the November ballot, i.e., technical "housekeeping" amendments to the Charter, Storm Drain Bond Issue and the Critical Intersection Bond Issue. Drafts are presently being prepared for the Council to review. The deadline is August 19, i988. It was determined that there were no additional measures or proposed Charter Amendments to be brought forward at this time; therefore, the item can now be removed from the Council agenda. ITEMS OF PUBLIC INTEREST: Sonja Grewal, speaking on behalf of the Executive Board of the Anaheim Hills Citizen Coalition (AHCC), referred to the issue brought to the Council's attention several weeks ago regarding maintenance of the Olive Hills Park (see minutes of July 19, 1988). She thanked City Maintenance and the Parks and Recreation Department for the steps taken to remedy the situation. She also learned that the Parks and Recreation Department has considered the possibility of selling the site for residential. To their knowledge, that possible action has not been directed by the City Council. Staff has been more than cooperative in sharing documents relating to the issue and have emphasized that public comment would be invited if and when there is a public hearing to amend the General Plan. (Also see letter dated August, 1988 to the City Council from the AHCC Executive Board - made a part of the record). To even consider that the land is no longer needed for recreational purposes considering its historical background and the Canyon Area General Plan is wrong. Before concluding her presentation, Ms. Grewal also read portions of letter dated August 3, 1988 from Virginia Chester, President of the Sea & Sage Audubon Society (made a part of the record) urging the Council to reconsider its plans to abolish the park. Letter dated August 9, 1988 from Dallas Pierce, President of the Rocky Point Community Association was also submitted opposin~ such a sale. Finally, Ms. Grewal submitted petitions containing approximately 1,425 signature~ from users of the tennis courts and the area in and around the park asking that the Council issue a policy statement to ~he Parks and Recreation Director to immediately cease evaluation or consi~ '~tion of Olive Hills Park and to immediately seek viable financial alternatf for enhancement of the site. She also asked, with the Council's permissio those present on the issue to stand (approximately 25 people were pres. approximately l0 of which were not Anaheim residents since the park is c' ~e borderline of Anaheim and Orange). Mayor Bay. He is not aware of any proposed sale of Olive Hills Park nor has the Council been presented with any such proposal from staff. Councilwoman Kaywood. Recreation Commission. She is the Council representative on the Parks and The Commission had this information brought to them a 787 City Hall~ Anmheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. few months ago. Nothing has happened at the Commission level. Until something is actually a Council agenda item, there may be thousands of issues that are being studied, looked at and discussed which never come to fruition. Too late is a problem, but too early is also a problem when there has been no decision or recommendation made. Gus Be conc, N. East Street. He addressed several issues with which he was the City. Melo~ _, Anaheim Political Action Committee. She first read and then submitted letter dated August 9, 1988 (made a part of the record). The letter explained the plight of a senior citizen mobilehome owner aided by a rent subsidy who could not sign a 5-year park lease because of the terms and was then told by the park owner that the owner will not accept the rent subsidy unless the lease is signed leaving the senior citizen in a vulnerable position. The owners have the ultimate Power to control one's life, future and home. She asked as City leaders what the Council is doing to help. Marshal Krupp, Chairman of the Anaheim Economic Development Board. Since he will not be able to attend the next Council meeting when the business license tax is again to be discussed, he will today comment on the issue as requested by the Board. The Board has taken an action to support overhauling the business license fees of the City but cannot support the proposal presented to the Council by staff. The Board supports a revenue neutral approach to the business license fee program. When the discussion and vote took place at the last meeting of the 9-Member Board, four were absent, there were two abstentions, two were in favor of the motion and one in opposition. The motion was made in lieu of a request to continue the item for 30 days so that the Board could receive information, look at the pros and cons of the issue and come back with their findings. He reiterated they took action to support the overhaul of the business license fee program but favor a revenue neutral approach with two members in favor of the motion, two abstentions and one in opposition with four members absent. Gus Popke, 4243 Ranch Gate Road, Anaheim. He represents the 45 homes in their Homeowners Association. He lives directly across from the Olive Hills Park and tennis courts. He has talked to all but two or three of the homeowners and approximately 95% want the City to keep the park and the tennis courts and to further report that the courts are in need of re~urfaeing. E.ECESS; Councilman Bay moved to recess for ten minutes. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CAiiKIEO. (3:03 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Hunter. (3:21 p.m.) Chairman Bay reconvened the Anaheim Redevelopment Agency. (3:21 p.m.) 161.123: JOINT PUBLIC HEARING - CITY COUNCIL/REDEVELOPMENT AGENCY: To consider the proposed sale of real property located on the block bounded by Lincoln Avenue, Anaheim Boulevard, Cypress and Claudina Streets (Alpha 788 City Hall, Anaheim, California - COUNCIL MINUTES -August 9, 1988, 1:30 P.M. Redevelopment Project area) to Raymond A. and Connie Y. Masciel, for the development of a 2-story office building containing approximately 27,000 square feet of space and onsite parking. To further consider the proposed Disposition and Development Agreement executed by the Developer which provides for the proposed sale of the property. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 25, 1988. Posting of property August 1, 1988. Submitted was report dated August 1, 1988 from the Community Development Department recommending approval of the proposed sale, approval of the proposed Disposition and Development Agreement, the basic concept drawings and certifying the initial study pertaining to Parcel 5 and making certain environmental findings with respect to the agreement. Mayor/Chairman Bay asked if anyone wished to speak on the subject. Ronald Bevins, Attorney for the Developers, Raymond A. and Connie Y. Masciel, 300 South Harbor Boulevard. The Council/Agency is familiar with the Masciel's background and the project they have completed before in partnership with the Redevelopment Agency. There have been long and continuous negotiations with the staff and everybody has worked hard relative to the proposed project. The Masciels are present and the designer will be glad to answer any questions. There being no further persons who wished to speak either in favor or in opposition, the Mayor, Chairman closed the public hearing. Agency Member Pickler offered Resolution Nos. ARA88-14 and ARA88-15 for adoption, (1) certifying an initial study and making environmental findings with respect to the proposed Disposition and Development Agreement between the Agency and Ray A. & Connie Y. Masciel and, (2) approving the sale of property and authorizing the execution of the Disposition and Development Agreement with Raymond A. and Connie Y. Masciel for property located on the block bounded by Lincoln Avenue, Anaheim Boulevard, Cypress and Claudina Streets (Alpha Redevelopment Project area). Refer to Resolution Book. RESOLUTION NO. ARA88-14: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING AN INITIAL STUDY AND MAKING CERTAIN ~VIKONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT WITH RAYMOND A. AND CONNIE Y. MASCIEL. RESOLUTION NO. ARA88-15: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE SALE OF CERTAN REAL PROPERTY IN THE ALPHA REDEVELOPMENT PROJECT AREA; APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING THE EXECUTIVE OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote on Resolution Nos. ARA88-14 and ARA88-15: 789 City He!l, Anaheim~ California - COUNCIL MINUTES - Ausust 9, 1988, 1:30 P.M. AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Ehrle, Pickier, Kaywood and Bay None Hunter The Chairman declared Resolution Nos. ARA88-14 and ARA88-15 duly passed and adopted. Agency Member Pickler moved to approve the basic concept drawings. Member Bay seconded the motion. Agency Member Hunter was absent. CARRIED. Agency MOTION On motion by Councilman Ehrle, seconded by Councilman Pickler, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, August 5, 1988, at 3:15 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. Councilman Hunter was absent. MOTION Councilman Ehrle offered Resolution No. 88R-314 and 88R-315 for adoption, (1) certifying an initial study and making environmental findings with respect to the proposed Disposition and Development Agreement between the Agency and Kay A. & Connie Y. Masciel and, (2) approving the sale of property and authorizing the execution of the Disposition and Development Agreement with Raymond A. and Connie Y. Masciel for property located on the block bounded by Lincoln Avenue, Anaheim Boulevard, Cypress and Claudina Streets (Alpha Redevelopment Project area). Refer to Resolution Book. RESOLUTION NO. 88R-314: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING A~q INITIAL STUDY AND MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGF, EEMENT BETWRRN THE ANAHEIM REDEVELOPMENT AGENCY AND RAYMOND A. AND CONNIE Y. MASCIEL. RESOLUTION NO. 88R-315: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SALE OF CERTAIN PROPERTY IN THE ALPHAREDEVELOPMENT PROJECT AREA TO RAYMOND A. AND CONNIE Y. MASCIEL; APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH SALE. Roll Call Vote on Resolution Nos. 88R-314 and 88R-315: AYES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Bay None Hunter The Mayor declared Resolution Nos. 88K-314 and 88K-315 duly passed and adopted. ADJOb~,NMENT: Agency Member Bay moved to adjourn the Redevelopment Agency. Agency Member Kaywood seconded the motion. Agency Member Hunter was absent. MOTION CARRIED. (3:30 p.m.) 790 City Hall, Anaheim~ California - COUNCIL MINUTES - August 9~ 1988~ 1:30 P.M. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3022 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Arnt G. Quist 3737 Birch Street, Suite 200, Newport Beach, CA 92660 AGENT: Anaheim Food Park Inc. Attn: Manmett Niwar and Kuljeet Niwar 3437 E. Kidgeway Drive, Orange, CA 92667 LOCATION/REQUEST: The property is located at 300 S. Anaheim Boulevard. The request is to construct a 3584 square foot convenience market with waiver of minimum dimension of small car spaces. PLANNING COMMISSION ACTION: Resolution No. PC88-165 denied Conditional Use Permit No. 3022; approved EIR - Negative Declaration. HEARING SET ON: The Planning Commission's decision was appealed by Rodoifo Montejano on behalf of the agent, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 28, 1988. Posting of property July 29, 1988. Mailing to property owners within 300 feet - July 28, 1988. PIANI~ING STAFF INPUT: See Staff Report to the Planning Commission dated June 20, i988. City Clerk Sohl announced that on August 8, 1988 a request had been received from Rodolfo Montejano, attorney for the applicant, for a continuance of the public hearing to the next available date. Mayor Bay asked how many people were present on the issue (seven were present). Of those, four intended to speak and only two indicated they could be back I£ the matter was continued for two w~ek~. Mayor Bay moved to continue the public hearing to August 30, 1988. The motion died for lack of a second. Bob Franks, Assistant City Attorney, clarified for Councilwoman Kaywood that even though a continuance had been requested, it is within the discretion of the Council to either continue or not continue the matter. If discretion is reasonably exercised, the Council may decide to go forward with the public hearing. Councilman Pickler. He is opposed to the subject proposal but in order to eliminate any possible problems, he will second the motion for a continuance. 791 City Hall, Anaheim~ California - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. Councilman Bay moved to continue the public hearing on Conditional Use Permit No. 3022 and Negative Declaration to Tuesday, August 30, 1988 at 3:00 p.m. Councilman Pickler seconded the motion. Before a vote was taken, Councilwoman Kaywood stated this is the third or fourth time the property owner has come in and requested a convenience market and each time it has been turned down. It is not something new. The request for continuance was received just today and there is no opportunity to notify anybody. Since it is within the Council's prerogative she wants the public hearing to take place today. Councilman Ehrle. The Planning Commission denied the request 6-0; the Council subsequently denied it and now it is back again. Councilwoman Kaywood. It also went back to the Planning Commission another time and it was again denied. A vote was then taken on the foregoing motion of continuance and failed to carry by the following tie vote: Roll Call Vote: AYES: COUNCIL M_E/~BERS: Pickler and Bay NOES: COUNCI'L MEMBERS: Ehrle and Kaywood ABSENT: COUNCIL MEMBERS: Hunter APPLICANT'S STATEMENT: Manmett Nijjar, 3437 East Ridgeway Drive, Orange. The only reason for the pressure regarding the proposed location is that the adjacent property owner, Hilgenfeld Mortuary does not want the convenience market to be there. Otherwise, he is not asking for any special consideration. The reason the Pizza Man was originally denied, they were asking for special consideration on parking. The convenience market is the best use for the location at this time. In the future, perhaps in four years, if a big development is proposed for that area, he will go along with the City and come back and ask what they would like him to have on the property and he will be glad to change the use in accordance with City plans. He is leasing the property but can change it so there will be only one tenant in the building in four years. He confirmed he is planning to sell alcohol and he has never had any problem doing so in his other locations in the City. He has over 700 signatures from his customers which he would have brought with him today but he thought the hearing would be continued as requested. He could also have had 50 people present today speaking on his behalf. His customers are Anaheim residents who patronize his stores at 2790 East Lincoln and his other store at Harbor and La Palma. He has one of the cleanest stores in Anaheim. He has been in business for five years and receives awards from his company for running the cleanest stores. 792 City Hall, An~heim~ Ca!~fornia - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. Annika Santalahti, Zoning Administrator. She clarified that the previously requested waiver of minimum dimension of small car spaces had been eliminated in connection with revised plans and was no longer being requested. No waivers are requested at this time. However, regarding the recently adopted ordinance relating to convenience market parking when there is take-out food service, if the Council were to consider the subject application favorably, a condition would have to be included that would eliminate the possibility of take-out food because the parking they now have is a straight retail requirement. With that condition, it would not require an additional five spaces. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Gerald Bushore, 4085 East La Palma No. C. He is present on behalf of the Hilgenfeld family, owners of the mortuary next door. They met with Mr. Nijjar and everyone present expressed agreement with the property owner having the right to develop his property but the problem is, the proposal is the most intense use in terms of traffic. There is only one driveway into the property which will cause people to cut across in such a manner as to impede or impair traffic and also to zig-zag the Hilgenfeld lot. The mortuary is a quasi-religious building and services are being conducted all the time and they need to be very concerned with every family that comes to them. There are many things that could be put on the property by right that would eliminate tb~ need to be before the Council again, such as offices for accounting, real estate, insurance agency, etc., which would not cause a traffic problem, nor a problem with alcohol or litter. They are present today because the use is something that has caused problems in the past. Gary Field, Hilgenfeld Mortuary. They object to the project for the aforementioned reasons and £or traffic problem~, lack of ~paea for delivery trucks and lack of ingress and egress into the property. It would be a tremendous hazard to have people turn into the proposed driveways. They object strenuously to on-sale or off-sale of any alcoholic beverages on the property because of the increased potential of offending the mortuary's customers with people attending funerals and having beer cans, bottles and debris thrown over the fence from people drinking in their cars, or in the process of walking from the store to their cars. There will be an increase of people parking in their lot since people other than their customers are parking in the lot right now. They did not tell the attorney of the leaseholder that they did not want to see anything going in there but would like to see something that is compatible with the area. A convenience market is not compatible to the area and certainly not next to the mortuary. 793 City H:~ Anaheim~ California - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. Joe White, 809 West Broadway. He was invited to the meeting which took place with the property owner. The owner only has one proposal. There are uses that can be developed on the property for which they can obtain a building permit without going through all this trouble. The hardship is on the neighbors. The applicant is claiming a hardship just because they bought the lot and only have one single purpose or use in mind. He does not want to see a convenience market on a downtown corner. His office faces a Circle K and there is trash in the area all the time. There are many things that can be developed that would be much more compatible to this important downtown area than a convenience market. Ronald Bevins, 300 So. Harbor Boulevard. He is representing his mother who owns the property immediately to the south of the subject property separated only by a 20-foot alley which is used for automotive repair and used car sales. The previous application appears to be the same as the present one. Although the Pizza Parlor has been eliminated from the application, the plans are confusing. The EIR indicates a 2,600 square-foot building but the plans show 3,584 square feet and still has the area in it which housed the pizza facility; therefore, the 975 square feet is an undocumented use. The parking situation has not changed. Hilgenfeld has a legitimate complaint. They have been buying lots to accommodate their parking. He also elaborated on the traffic and circulation which would result with such a use. The 24-hour operation is also outrageous and not even worth considering. The Planning Commission made the findings that the use would not be compatible, would adversely affect adjoining land uses, the size and shape of the property is not adequate for the use and it would be a detriment to peace, health and safety since those were the only findings that could be made with respect to the subject property. SU~fl~ATION BY APPLICANT: Manmett Nijar. Ne has just spoken with his attorney. They would like to have a continuance to next week. His customers should have an opportunity to explain why they support him. His supporters should be here. He then rebutted or countered the points raised by those in opposition. The theatre is causing traffic as well as the detour of traffic onto Broadway because Lincoln is closed. He will guarantee clean up of the Hilgenfeld's parking lot if there is debris on the lot. If there are problems, he is willing to talk to his neighbors. Beer only represents 19% to 20% of gross sales. There are only five deliveries every two weeks which can be scheduled for early morning or late at night. The entrance in the back of the alley will not be used to make deliveries. It is a fire access. Regarding the 973 square feet, they will be willing to take the whole portion as 794 City Hall, Anaheim~ California - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. long as they can get a commitment from the City and four years from now he will be willing to change the whole place. The best use is what he is proposing. It will be one convenience store. He also feels that a full Council should be available and he would like to have Councilman Hunter present to also listen to his point of view. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilman Ehrle. Alcohol or cleaniness or Mr. Nijar's 700 customers is not the issue. The issues are having one driveway, a convenience market is not the best possible use for the property, and the i,000 trips made by people coming to the applicant's present stores as reported by him. Those are the issues. A convenience market is not compatible to the area and what is planned for downtown Anaheim. Councilwoman Kaywood. It is unfair to say the Hilgenfelds have been uncooperative. The only proposals have been a convenience market and pizza place. Both are out of order for the area. While a convenience market provides a service, it will create a problem on a sensitive and difficult corner. It is the wrong place for a convenience market. Councilman Pickler. He is concerned with convenience markets and their locations generally. Regulations have been tightened on parking but many are still being proposed, some creating havoc in the community. He is going to vote against this proposal because he feels it is detrimental to the 243,000 citizens he represents. It is a proposal that does not fit in at the corner of Broadway and Anaheim Boulevard. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Bay, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has comsidered 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 receive,! that there is no substantial evidence that the project will have a signi~ effect on the environment. Councilman Hunter was absent. MOTION CARRI! On motion by Councilman WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. [Resolution No. 88R-316) Councilman Bay moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Ehrle offered Resolution No. 88R-316 for adoption, denying Conditional Use Permit No. 3022, in accordance with the findings of the City 795 _1'.33 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. Planning Commission and as set forth in Anaheim Municipal Code Section 18.03.030 which were incorporated by the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 88R-316: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3022. Roll Call Vote: AYES: NOES: ABS~{T: COUNCIL M~B~"~S: COUNCIL MEMBERS: COUNCIL MEMBF~RS: Ehrle, Kaywood, Pickler and Bay None Hunter The Mayor declared Resolution No. 88R-316 duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes. (4:23 p.m.) AFTER P~ECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Hunter. (4:35 p.m.) 179: PUBLIC HEARING - RECLASSIFICATION NO. 74-75-26 - AMEND CONDITIONS: REQUESTED BY: Thomas Maurer 150 E1 Camino Real, Suite 200, Tustin, CA 92680 OWNER: Herbert Kendall 2327 La Mesa Drive, Santa Monica, Ca 90402 LOCATION/REQUEST: The subject property is a rectangularly-shaped parcel consisting of approximately 4 acres at the southwest corner of Lincoln Avenue and Sunkist Street. The petitioner requests amendment of Resolution No. 85R-45 and Ordinance No. 4573 to permit a 2-story, 20,364 sq. ft. commercial office building. The original request was for a change in zone from RS-A-43,000 to CL, originally to develop a 33,310 sq. ft. supermarket and a 4,000 sq. ft. financial institution. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 28, 1988. Posting of property July 29, 1988. Mailing to property owners within 300 feet - July 28, 1988. PLANNING STAFF INPUT: See Staff Report dated July 13, 1988 from the Zoning Administrator. PETITIONER/OWNER: Herbert Kendall, 2327 La Mesa Drive, Santa Monica, Ca 90402. He is the owner of the entire piece of property. He has read the recommendations and conclusions of the Planning staff and agrees with them. 796 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Bob Carter, 2433 East Lincoln. The proposed building is 20,000 plus square feet and they are requesting 8i parking spaces. The previous Ralph's SupermarKet building is being used by an insurance company with a large number of employees. He counted available parking spaces on the lot when the insurance company was open and came up with only 45 spaces not used. Thus there would be a shortage of available spaces. The proposed building will create a competitive situation. It will be active not passive as Mr. Kendall indicated in a letter to the Council and it is in a commercial area. It is putting a finger of commercial into an area that has residential on three sides. They are against the request but as an alternative are suggesting that a lawn be planted with a walk-way and that the property be donated for improvement of the residential area. There is too much building in the area even now. SUMMATION BY APPLICANT: Herbert Kendall. He owns the entire four acres which has a parking lot containing 242 spaces. The Ralph's Market was converted to the southwest office of Ohio Casualty with 85 employees and some visitors who use approximately 100 spaces maximum. The proposed building will face Ohio Casualty making it an office plaza. The required spaces are 216 and there are 242, none of which are compact. The building will be a passive office building. There will be no medical or dental facilities. People will arrive in the morning and be leaving after the work day. He sees absolutely no better use for the property and will do the best he can so that it will be a point of pride to the City. There is a 7-year lease on the property with 4-1/2 years to go. There is every indication that Ohio Casualty will stay there for a very long time since they have four divisions in the present building. Councilman Ehrle. He expressed concern over the very heavilY traveled interse~'~ion of Lincoln and Sunkist, especially the fact that there are left-turn lanes on Sunkist traveling north and south whic~ causes a heavy back up of traffic. The intersection is i~ d of improvements to aid traffic flow. Annika Santalahti, Zoning Administrator. In a meeting with the Traffic Engineer, he did not indicate that there were any plans for that intersection at present but she believes that at some point such improvements will be necessary. 797 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. Councilman Ehrle felt that improvements were needed now and that either the developer was going to have to install a signal or something was going to have to be done. He also commented on the size of the proposed building which seems to be a very optimistic use for that corner. Annika Santalahti. With the 242 parking spaces, they are just under 30 spaces in excessive parking spaces for office uses. The parking meets the Code and is about 10% over Code. Councilwoman Kaywood. She asked for confirmation by Mr. Kendall that the 40-foot landscaped setback along the south property line adjacent to the homes will remain as is; Mr. Kendall answered yes. The trees are all alive and well and they do not intend to change the parking lot at all. Councilman Ehrle reiterated his concern relative to traffic and that a 20,000 foot square building was a lot for that corner. He feels that a left and right-turn lane is necessary at the traffic signal on Sunkist going north and south. Councilman Pickler also expressed concern that a 20,000 square-foot building was too much for that corner. There may be sufficient parking but he was still concerned. Herbert Kendall. The second floor of the building will be occupied by an Engineering Company with hardly any visitors. Relative to the first floor, he has had discussions with his present tenant (Ohio Casualty) who would like to use the first floor as part of their function. Ohio Casualty is interested in an office complex where they are the major user. He can only pledge to the Traffic Department that he will be happy to cooperate in solving the traffic problem, one which has existed long before his present proposal. Mayor Bay. No one is present from Traffic Engineeri~ staff and there are many questions that require an answer relative to installing north and south left-turn lanes on Sunkist, the first being is there enough width on Sunkist to make those improvements. There are left-turns east and west on Lincoln now but to do so on Sunkist north and south he does not agree with the concerns expressed. He recalled when the original development was approved for a grocery store, when all the parking was ten times what is being proposed today. In discussing the increase of traffic on Sunkist and Lincoln, it is necessary to look at the added commercial uses in the commercial development west of the subject site (East Anaheim Shopping Center), as well as the 57 Freeway. He does not agree that the proposed development should 798 132 City Hall, Anaheim~ Cml~fornia - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. cover the total cost of north and south left-turns on Lincoln because he does not feel it would be fair to ask that. He sees the proposal as a lot less impact than what was originally approved on the property years ago. There is no less impact than commercial office to the surrounding residents and this proposal will be a favorable instead of a highly intense commercial development that might be justified. Mr. Kendall. He did not mean to say that he would build lanes. they were talking about a signal. He thought Annika Santalahti. This is not designated a critical intersection. She suggested that the Council may wish to continue the matter for two weeks so that it can be discussed with the Traffic Engineer and a condition drafted and also to determine whether the existing street widths will accommodate left-turn lanes and also, if a proportionate share of the cost is possible, to take a look at budgeting considerations. Mr. Kendall. He would like action to be taken today. proportionate amount. He will cooperate in a Councilwoman Kaywood. She suggested approving the requested amendment to conditions but if there is a problem from the Traffic Engineer's standpoint, that it can come back or something that Mr. Kendall can work out that is satisfactory to the Traffic Engineer. Annika Santalahti. She suggested the following: That there be a new Condition No. 18 for the resolution that prior to the issuance of a building permit, determination shall be made by the Traffic Engineer as to whether a traffic signal at the intersection of Lincoln and Sunkist can be modified for signalized left-turns within Lincoln and Sunkist and if he finds that to be appropriate, that the property owner shall pay a proportionate appropriate share in the cost of making such modifications prior to final building inspections. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIROI~tENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Hunter was absent. MOTION CARRIED. 799 City Hall~ A_n_aheim~ California - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-317) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-317 for adoption, approving the requested amendments of conditions including the general statement of conditions affecting Condition Nos. 17 and 18 of the original resolution previously summarized by staff and after discussions with the City Traffic Engineer. Refer to Resolution Book. RESOLUTION NO. 88R-317: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CERTAIN CONDITIONS OF APPROVAL AS SET FORTH IN RESOLUTION NO. 75R-134, AS AMENDED BY RESOLUTION NO. 85R-45, RELATING TO ZONING RECLASSIFICATION PROCEEDINGS NO. 74-75-26. ~oll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBEKS: COUNCIL MEMBERS: Ehrle, Kaywood, Pickler and Bay None Hunter The Mayor declared Resolution No. 88R-317 duly passed and adopted. MOTION: On motion by Mayor Bay, seconded by Councilwoman Kaywood, the City Attorney was directed to prepare an ordinance modifying Condition Nos. 17 and 18 of Ordinance No. 4573. Councilman Hunter was absent. MOTION CARRIED. 179: PUBLIC HEAILING - VARIANCE NO. 3746 -AMEND CONDITIONS: REQUESTED BY: Hugo Vazquez, Young Lion Development 2240 West Lincoln Avenue, Anaheim, CA 92801 LOCATION/REQUEST: The property is located at 1925 West Lincoln Avenue (northwest corner of Lincoln Avenue and Muller Street). The applicant has requested the hearing to remove the requirement for affordable units from the conditions. The original proposal was to construct a 220-unit, 58 foot high 4 to 6 story "affordable" apartment complex with waivers of (a) maximum fence height, (b) minimum building site area per dwelling unit, (c) maximum structural height and (d) minimum distance between buildings. Following public hearings, proposal was reduced to 184 units, eliminating waiver b, pertaining to permitted density. Relative to conditions of approval of the subject variance, Mr. Vazquez believe~t there was a misunderstanding regarding affordable housing. There was no cc, '~ent made to affordable housing at the last hearing before the Counc_ He is, therefore, requesting that the condition be removed. Councilman Ehrle. He has received calls from the neighborhood regarding ingress and egress which they have always used but which is now no longer available to them. 8OO I30 City Hall, Anmheim~ Cmlifornia - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. Hugo Vazquez. A chain link fence has been installed around the property beyond Diane Way. In the meantime, it came to his attention in talking to the neighbors this morning that moving the fence back would allow the neighbors to continue having the accessibility south of Anaheim Bowl that they had for many years. Further, at the last public hearing, it was determined that he would install a traffic light but it does not seem to be included in the conditions of approval and he wants to assure the neighborhood that is going to happen. He suggests further that it be installed and in operation prior to the commencement of framing of the project but provide accessibility up until that time. Another issue is that he was not aware he needed a conditional use permit for his construction office which will be put on the site. It is a mobile modular trailer and he would like clarification as to whether or not he does need a CUP. Mayor Bay. The public hearing has obviously taken on added issues when the only issue today is amendment of conditions of approval. He asked for clarification, however, relative to the traffic light which was to be installed by the developer and the main point of contention at the last public hearing. Annika Santalahti, Zoning Administrator. Condition No. 25 of Resolution No. 88R-143 granting Variance No. 3746 stated the following, "That prior to issuance of a building permit, the developer shall post a bond or other security acceptable to the City of Anaheim to guarantee the construction of a traffic signal at the intersection of Aladdin Drive and Lincoln Avenue, as approved by the City Traffic Engineer. Construction of the traffic signal shall be completed prior to final building and zoning inspections." Mayor Bay. That condition is clear and since it was included, he does not understand Mr. Vazquez's remark. However, he (Vazquez) is saying he would like to put the light in at the time of framing and the condition ~tat~s it will ba bonded and construction shall be completed prior to final building and zoning inspections. The mobile office is a new issue as well. He reiterated, the public hearing today merely covers whether . not the Council is going to approve amendment to conditio~ removing the requirement for the affordable units or not. Councilwoman Kaywood. She asked if there is any kind of bonus involved in the number of units that were approved. Annika Santalahti. The 184 units are at the proper density for the Code and a density waiver is not involved. The other three waivers are still needed. 801 City Hall, Anmheim, California - COUNCIL MINUTES - August 9, 1988~ 1:30 P.M. Councilwoman Kaywood. She assumed that affordable housing could still be required. Councilman Pickler. He was always under the understanding that there would be no affordable housing involved in the project. Mayor Bay. He was of the same understanding. When the units were reduced from 220 to 184, the height was lowered and the traffic light committed to, the neighborhood problems were solved. Then the affordable units were no longer required although it was technically not covered at the time of the hearing. To now try to condone it and base it on a couple of waivers given uniformly throughout the City on these types of projects would not be in order. Mayor Bay asked if anyone wished to speak. Betty McFarland, 231 North Carol Drive. In reference to the fence, she noticed that it has been knocked down along Lincoln sometime during the night. Mr. Vazquez did agree to move the fence back for ingress and egress to get out onto Muller. There is also the problem along Lincoln which she discussed with Paul Singer, Traffic Engineer, in the lobby about red zoning from Delia to beyond Aladdin Drive. There are now a number of North American Vanline trucks parking on Lincoln at the very end of Aladdin and an unidentified truck that parks on Diane Way. It was difficult enough when the residents reported they could not make a clear or good judgment on a left-turn but they cannot now make a good clear right-turn. The Traffic Engineer told her if she went to his office and made a request, they would put a red zone in that location. They have also talked to Mr. Vazquez again. He asked if there was any objection to retail. The residents did not have any objection even before with retail and it might be beneficial to the whole area. Their concern is being able to get in and out sa~ely. COUNCIL ACTION: Mayor Bay closed the public hearing. Mayor Bay. Relative to circulation problems during demolition and construction, he urged that the staff provide assistance and help where it is needed in that area, particularly that Code Enforcement investigate the situation of the truck parking over-night or blocking places where they should not be. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-318) 8O2 City Hall, Anaheim~ California - COUNCIL MINUTES - Ausust 9, 1988, 1:30 P.M. Councilman Pickler moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. Councilman Hunter was absent. MOTION Councilman Pickier offered Resolution No. 88R-318 for adoption, amending the conditions of Variance No. 3746 to remove the requirement for affordable units as requested. Refer to Resolution Book. F, ESOLUTION NO. 88R-3i8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIM A~PROVING ~ AF~ENDM~T TO CERTA/N CONDITIONS OF APPROVAL IN VANCE NO. 3746 A/gD ~24ENDING RESOLUTION NO. 88R-143. Before a vote was taken, Mayor Bay stated he is concerned over the fact that there is a real need for fencing when demolition is taking place. At the same time, he does not want to see any major problems in circulation because that was the greatest complaint and concern. He also feels it is time they made things clear if there are any vague notions between Mr. Vazquez and staff on when the traffic light has to be installed those should be clarified. At the same time, if trucks are parking legally and are creating a problem, that may require further action. Regarding the other questions posed by Mr. Vazquez, some are new and may have to come back under a different hearing. A vote was then taken on the foregoing resolution: Roll Call Vote: AYES: COUNCIL M~ERS: Ehrle, Kaywood, Pickler and Bay NOES: COUNCIL }W/MBERS: None ABS~T: COUNCIL MEMBERS: Hunter The Mayor declared Resolution No. 88R-3i8 duly passed and adopted. CITY PIANNING CO~ISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held July 18, 1988, pertaining to the following applications were submitted for City Council information. Cl. GENERAl. PI~ A}tENDMENT NO. 240, RECLASSIFICATION NO. 87-88-46, VANCE NO. 3787 ~qD NEGATIVE DECI~TION: OWNERS: RUTH MARIE MOUN~ ($IGLEK), 929 North Citron Street, Anaheim, CA 92805 DENNIS MONTGOMERY, 931 North Citron Street, Anaheim, CA 92805 BENJAMIN BEDOLLA, MARTHA BEDOIaA AND JESUS JIMENEZ, 937 North Citron Street, Anaheim, CA 92805 KICtka_RDM. BREWBAKERA~D NANCY JO BREWB~,Fll, 943 North Citron Street, Anaheim, CA 92805 AGENT: THE A~RICAN COMPANIES, ATTN: BR~LNT NERGOIZIAN, 18300 Von Karman, Suite 610, Irvine, CA 92715 LOCATION: 929, 931, 937 and 943 N. Citron Street To consider an amendment to the Land Use Element of the General Plan, proposing a redesignation from Low-Medium Density Residential to Medium Density Residential. For a change in zone from RS-10,000 to RM-1200 or a less intense zone. To construct a 1 to 3-story 47-unit 8O3 City Hall, Ana~.eim~ California - COUNCIL MINUTES - August 9, i988, 1:30 P.M. affordable apartment complex with waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage and (d) maximum number of bachelor units. GPA NO. 240 WITHDRAWN by the Applicant. Reclassification No. 87-88-46 WITHDRAWN by the Applicant. Variance No. 3787 WITHDRAWN by the Applicant. C2. GENERAL PLAN AMENDMENT NO. 245, RECLASSIFICATION NO. 88-89-03, VARIANCE NO. 3811 AND NEGATIVE DECLARATION: OWNER: LINCOLN PROPERTY LTD., 4200 Trabuco Road, Suite No. 222, Irvine, CA 92720 AGENT: CHR~ISTOPHER PIERCE, A.M. HOMES, 4060 Campus Drive, Suite 250, Newport Beach, CA 92660 LOCATION: 1780 West Lincoln Avenue Petitioner requests amendment to the Land Use Element of the General Plan proposing a redesignation from the current General Commercial designation to a Medium Density Residential or Low-Medium Density Residential designation. For a change in zone from CL to RM-1200 or a less intense zone, and to construct a 106-unit apartment complex with waiver of maximum structural height. GPA NO. 245 GRANTED by the Planning Commission, PC88-186. Reclassification No. 88-89-03 GRANTED by the Planning Commission, PC88-187. Variance No. 3811 GRANTED by the Planning Commission, PC88-188. Approved Negative Declaration. Public hearing to be set which will include the General Plan Amendment, Reclassification and the Variance. A public hearing before the Council is required on the General Plan Amendment and the Council determined that the public hearing should include the Reclassification and the Variance. C3. VARIANCE NO. 3818, CATEGORICALLY EXEMPT, CLASS i1 OWNERS: MYUNG SHIK YUN AND KUM OK YUN, ET AL, 727 S. Beach Boulevard, Anaheim, CA 92804 LOCATION: 201 Via Cortez To permit two wall signs for a motel with waivers of (a) maximum number of wall signs and (b) permitted lighting of signs. Variance No. 3818 GRANTED by the Planning Commission, PC88-189. A review of the Planning Commissions's decision was requested by Council Members Pickler and Kaywood and therefore, a public hearing will be scheduled at a later date. C4. WAIVER OF CODEREqUIREMENT, CONDITIONALUSE PERMIT NO. 3034 AND NEGATIVE DECLARATION: OWNERS: 92714 AGENT: ANTRANIK OZBAG A]~D VERCIN OZBAG, i Plymouth, Irvine, CA TOM GUEVARA JR., 1214 S. Oaks, Ontario, CA 91761 8O4 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. LOCATION: 1825 West Lincoln Avenue To permit on-sale beer and wine in an existing fast food restaurant with waiver of minimum number of parking spaces. CUP NO. 3034 GRANTED by the Planning Commission, PC88-190. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. Councilwoman Kaywood expressed concerns and she did not see any statement included in the Planning Commission approval that the beer and wine is to be served only with the serving of food precluding the purchase of beer and wine for take-out. After input from staff, Council consensus was that the request would not be a problem; Annika Santalahti, Zoning Administrator, stated that in the future staff will draft a standard condition as recommended by Councilwoman Kaywood that when beer and wine is requested to be sold in a restaurant that it be with the service of food only and not for take-out. If it were to be included at this time, it would require another public hearing. C5. CONDITIONAL USE PERMIT NO. 3035 AND NEGATIVE DECLARATION: OWNER: WONSON KlM AND HAESOOK KlM, 11443 E. Stapleton Court, Cerritos, CA 90701 AGENT: A. W. KIMMEL CONSTRUCTION, 747 S. Brea, Suite 33, Brea, CA 91621 LOCATION: 1142 North Brookhurst Street To permit a 5,900 square-foot, i0-unit commercial retail center. CUP NO. 3035 GRANTED by the Planning Commission, PC88-191. Approved Negative Declaration. Mayor Bay asked for clarification if the Planning Commission approved the CUP for 10 units or 6 units since he noted both 10 units and 6 units had been indicated in the documentation. Annika Santalahti. The original request was for 10 units but the Planning Commission cut that down to 6. She confirmed that current approval is for 6 units and the parking will not allow any food, beverages, etc. C6. CONDITIONAL USE PERMIT NO. 3036 AND NEGATIVE DECLARATION: OWNER: OCCIDENTAL BUSINESS CENTER II, 30390 Pullman Street, Costa Mesa, CA 92626 AGENT: KRISTINA ROBERTS, 702 East Ball Road, Suite 100, Anaheim, CA 92805 LOCATION: 721 E. Bali Road To permit a restaurant in an existing industrial park. CUP NO. 3036 GRANTED by the Planning Commission, PC88-192. Approved Negative Declaration. 8O5 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. ITEM C7 FROM THE P~d~NING COMMISSION MEETING OF AUGUST 1, 1988 - INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 11~ 1988 C7. TENTATIVE TRACT NO. 13692 AND NEGATIVE DECLARATION: OWNER: DANNY LIA0 IT AL, 12 Rippling Stream, Irvine, CA 92715 AGENT: J.M. DEVELOPMENT, INC., 7442 Coho Drive, No. iii, Huntington Beach, CA 92648 LOCATION: 6401, 6403, 6405 and 6407 Via Arboles Petitioner requests approval of Tentative Tract Map to establish a 9-lot RS-5000(SC) Zone single-family residential subdivision. Tentative Tract No. 13692 APPROVRD by the Planning Commission. Approved Negative Declaration. End of Planning Commission Items. Councilman Hunter was absent. MOTIONS CARKIED. 179: ORDINANCE NOS. 4953 AND 4954: WAIV~ read ~d3ING - ORDINANCES: The titles of the following ordinances were City Clerk. (Ordinance Nos. 4953 and 4954) Councilman Bay moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. ORDINANCE NO. 4953: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.80 TO TITLE i8 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 of the Anaheim Municipal Code to establish the PD-C/RM-2400 zone) ORDINANCE NO. 4954: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 76-77-40(2) Tract No. 9601 from RS-A-43,000(SC) to RS-HS-22,000(SC)) Roll Call Vote: AYES: "OUNCIL MEMBERS: Ehrle, Kaywood, Pickler and Bay NOES: ,UNCIL MEMBERS: None ABSEN oJNCIL MEMBERS: Hunter The Mayor declared Ordinance Nos. 4953 and 4954 duly paSsed and adopted. 161.157/114: DISCUSSION OF MASTER DEVELOPER SELECTION: Councilman Pickler moved the Master Developer Selection for Parcels 14, 22 and 4(d) be brought back to the Redevelopment Agency for consideration. Councilwoman Kaywood sec~ ~he motion. Bef~ ~ce was taken, Councilman Ehrle stated he had no problem in doing that ..... ~L should be set for a certain date. City Clerk Sonl stated that the selection of a Master Developer was continued to September 13, 1988 in accordance with the Agency's action of July 19, i988 and that it is not a public hearing item. 806 1"24 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1988, 1:30 P.M. Councilman Pickler. He recalls that at the time there was discussion when the Agency felt there was concurrence that the matter would be brought back sooner than September 13, 1988 and that is what he wants to do. A motion can be made today to put the subject on the agenda for next week's meeting. Councilman Pickler amended his motion that the discussion of a Master Developer selection for Parcels 14, 22 and 4(d) to be placed on the Redevelopment Agency agenda of August 16, 1988 with the possibility that selection of the Master Developer take place at the meeting of August 23, i988 instead of September 13, 1988. Councilwoman Kaywood was agreeable in her second. Councilman Hunter was absent. MOTION CARRIED. ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED. (5:50 p.m.) LEONORA N. SOHL, CITY CI.F. RK 807