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1988/10/11'!39 Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 11:00 A.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay ABSENT: COUNCIL HEMBERS: Pickler PRESENT: ASSISTANT CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:30 p.m. on October 7, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of October 4, 1988 to order for the purpose of a Closed Session at 11:00 a.m. REOUEST 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, O.C.S.C.C. No. 46-96-59. 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 unless the motion to recess indicates any of the matters will not be considered in Closed Session. Councilman Bay moved to recess into Closed Session. seconded the motion. Councilman Pickler was absent. (11:00 a.m.) Councilman Hunter MOTION CARRIED. A~ER CLOSED SESSION: Mayor Bay called the adjourned regular to order, all Council Members being present. (1:50 p.m.) ~)JOURNMENT: Couuncilman Bay moved to adjourn. Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (1:51 p.m.) LEONORA N. SOHL, CITY CLERK 959 140 Cttw Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None PRESENT: ASSISTANT CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PIANNING DIRECTOR: Joel Ftck ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:30 p.m. on October 7, 1988 at the Civic Center kiosk, containing ali items as shown herein. The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:51 p.m.) Dr. Ernest Furness, Anaheim Adventist Church, gave the invocation. ~ Councilman William D. Ehrle led the assembly in the Pledge of Allegiance to the Flag. 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: Public Power Week in Anaheim, October 9 - 15, 1988, Block Parent Week in Anaheim, October 11 - 19, 1988, l~ite Cane Safety Day in Anaheim, Saturday, October 15, 1988, Toastmasters Communication Month in Anaheim, October 1988. Gordon Hoyt accepted the Public Power Week proclamation accompanied by several members of his staff; Neva Golding and her dog "Katy" accepted the White Cane Safety Day proclamation. ~19: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and presented to Frank Feldhaus, Captain of the 'Blues Over 55 Softball Team", along with 4 team members who were present. The 'Blues" were selected from 40 such teams to represent Southern California in the upcoming senior softball tournament in New 960 137 City Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. Zealand. Mayor Bay and Council Members personally congratulated the team members and wished them success on their tour. 119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council and later in the meeting (&:40 p.m.) presented to Hr. Yuichi Hataya, Chairman of the Sister City Committee in Mito, Japan (Anaheim Sister City). Because of Mr. Hataya's caring for and generosity to the City of Anaheim, a first time honor was announced and bestowed by Mayor Bay naming Mr. Hataya Honorary Mayor of Anaheim along with a presentation of a key to the City. Mayor Bay and Council Members expressed their sincere thanks on behalf of the City for Mr. Hataya's efforts to bring Mito and Anaheim closer together in bonds of friendship and cultural exchange. Mr. Hataya's generous gift of $100,000 to the Anaheim Museum was acknowledged not only by the Council, but also the Sister City Conunittee and Anaheim Museum, Inc. After Mayor Bay made the presentations to Mr. Hataya, he acknowledged and asked to stand distinguished ~uests from Mito, Japan who were in the Chamber audience. He also recounted the other events that had taken place on the occasion of Mr. Hataya's visit. Through an interpreter, Hr. Hataya thanked the City for the recognition given him. It was an honor not only for himself, but also for all of the people of the City of Mito. (The Council then recessed for a brief reception for Mr. Hataya and his ~uests - 5:01 p.m.) 119: DECI,%RATION OF APPRECIATION: The City Council unanimously adopted a Declaration of Appreciation to be presented to Mr. Mike Arnold, the City's Legislative Advocate in Sacramento, acknowledging his professionalism and efforts on behalf of the City of Anaheim. ]19: DECLARATION: The City Council unanimously adopted a Declaration commending Felix LeMarinel upon his retirement from the North Orange County Community College District Board of Trustees. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held September 27, 1988. Councilman Hunter seconded the motion, MOTION CARKIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,532,744.06, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following resolutions and ordinance on the Consent Calendar were read by the Assistant City Manager. (Resolution Nos. 88R-378 through 88R-383, both inclusive, for adoption and Ordinance No. 4965 for adoption) Councilman Pickler moved to waive the reading in full of the resolutions and ordinance. Councilman Ehrle seconded the motion. MOTION CARRIED. 961 City_ Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.H. CITY HANAGER/DEPARTHENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Hember and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-378 through 88R-383, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. &965 for adoption. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Agustin Alarcon for bodily injury and property damage sustained purportedly due to actions of the City on or about April 16, 1988. b. Claim submitted by Barbara Gray for property damage and bodily injury sustained purportedly due to actions of the City on or about June 19, 1988. c. Claim submitted by Mauricia Villegas for bodily injury sustained purportedly due to actions of the City on or about June 25, 1988. d. Claim submitted by Olga ¥illegas for bodily injury sustained purportedly due to actions of the City on or about June 25, 1988. e. Claim submitted by Eva quintero for bodily injury sustained purportedly due to actions of the City on or about June 25, 1988. f. Claim submitted by Imogene M. Baker for bodily injury sustained purportedly due to actions of the City on or about February 28, 1988. E- Claim submitted by Mrs. Arthur Beames for property damage sustained purportedly due to actions of the City on or about September 4, 1988. h. Claim submitted by Leona Mae Hall for property damage sustained purportedly due to actions of the City on or about September 4, 1988. t. Claim submitted by Allied Heat Treating Company, Inc. and Theodore F. Butch, President, £or property damage sustained purportedly due to actions o£ the City on or about April 11-12, 1988. J. Claim submitted by A. ~. Fitzgerald for property damage sustained purportedly due to actions of the City on or about September 4-6, 1988. k. Claim submitted by Gerald E. Hauansek for property damage sustained purportedly due to actions of the City on or about September 4-5, 1988. 1. Claim submittedby Ginny Jones for property damage sustained purportedly due to actions of the City on or about September 4-5, 1988. m. Claim submitted by Sharon S. Neeck for property damage sustained purportedly due to actions of the City on or about September 4-5, 1988. 962 City H~ll. Anaheim. California - COUNCIL NINUTBS - October 11. 1988. 1:30 n. Claim submittedby Karen Ann Olson for property damage sustained purportedly due to actions of the City on or about September &-5, 1988. o. Claim submitted by La~rence Pharris for property damage sustained purportedly due to actions of the City on or about September &-5, 1988. p. Claim submitted by Hary C. Price for property damage sustained purportedly due to actions of the City on or about September &, 1988. q. Claim submittedby C. J. queyrel for property damage sustained purportedly due to actions of the City on or about September 4, 1988. r. Claim submitted by Hyrna Sheinblum for property damage sustained purportedly due to actions of the City on or about September 4-6, 1988. s. Claim submitted by Barry Rivard for for property damage sustained purportedly due to actions of the City on or about September 4, 1988. t. Claim submittedby Bill & Virginia Trola for property damage sustained purportedly due to actions of the City on or about September 4, 1988. u. Claim submitted by Bill Waltz for property damage sustained purportedly due to actions of the City on or about September 4°6, 1988. v. Claim submitted by Fred P. Coukoulis for property dama§e sustained purportedly due to actions of the City on or about September 4-5, 1988. w. Claim submitted by Jean Honarque for property damage sustained purportedly due to actions of the City on or about September 4-6, 1988. x. Claim submittedby California Arizona Nevada Transport, Inc., dba C.A.N. Transport (Hain Action: Jatme Orona Sanchez vs. C.A.N. Transport, Inc., et al. O.C.S.C. No. 53o57-90) for indemnity for damages sustained purportedly due to actions of the City on or about Hatch 14, 1987. y. Claim submitted by She'Kinah Clory for bodily injury sustained purportedly due to actions of the City on or about July 11, 1988. A2. 140: Recaiving and filing the Anaheim Public Library Monthly Statistical Report for the month of July 1988. 140: Receiving and filing the Anaheim Public Library Honthly Statistical Report for the month of August 1988. 150: Receiving and filing minutes of the Coif Course Advisory Commission meeting held August 10, 1988. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held August 24, 1988. A3. 169: Awarding a contract to the lowest and best responsible bidder, Orange County Striping Service, Inc., in the amount of ~161,941.48 for the Pavement Harking Demonstration Program. 963 136 Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. A&. 169: Approving a Notice of Completion of the construction of La Palma Avenue Street Improvements, from Chrisden Street to Imperial Highway, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. AS. 123: RESOLUTION NO. 88R-378: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLEHENT NO. 38 TO LOCAL AGENCY-STATE AGREF~IENT NO. 07-5055 AND AUTHORIZING THE ~AYORAND CITY CLERK TO EXECUTE SAID SUPPLEHENT. (For the South Central Signal Modification) A6. 123: Approving an affordable Housing Agreement with Jerome R. Drukin and J.A. Lynch Masonry, Inc., owners of 111 and 115 S. Harding Avenue, for one affordable housing unit (out of six rental units). AT. -123: Approving an agreement with Anaheim Interfaith Shelter, Inc. to provide temporary housing and attendant se~ices for homeless families in Anaheim, and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. A8. 123: Approving an agreement with PH~ Associates to assist in the promotional examination for the positions of Police Captain, Police Lieutenant and Police Sergeant in the following amounts: Police Captain - $5,000 plus expenses, Police Lieutenant $16,500 plus expenses, Police Sergeant $11,700 plus expenses; and authorizing the Mayor to sign said agreement on behalf of ~he City. ~9. 153: RESOLUTION NO. 88R-379; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION. (Enhancing Kaiser Health Plan to provide additional vision care effective January 1, 1989) 153: RESOLUTION NO. 88R-380: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL 2899. (Enhancing Kaiser Health Plan to provide additional vision care effective January 1, 1989) 153; RESOLUTION NO. 88R-381; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPR0VING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM HUNICIPAL EHPLOYEES ASSOCIATION, GENERAL UNIT. (Enhancing Kaiser Health Plan to provide additional vision care effective January 1, 1989) 153: RESOLUTION NO. 88R-382: A RESOLUTION OF THE CITY COUNCIL OF THE ClTY OFANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM HUNICIPAL EHPLOYEES ASSOCIATION, CLERICAL UNIT. (Enhancing Kaiser Health Plan to provide additional vision care effective January 1, 1989) 153: RESOLUTION NO. 88R-383: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 964 133 City Hall. Anaheim. California - COUNCIL HINUTES - October 11. 1988. 1:30 P.H. NO. &7. (EnhancingKaiser Health Plan to provide additional vision care effective January 1, 1989) Al0. 153/152: AuthorizinS the Human Resources Department to solicit proposals from firms interested in providing temporary help services, and to implement the tenth year of the outside agency temporary help program. All. 153/142: ORDINANCE NO. 4965 - (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 1.04 OF TITLE I OF THE ANAHEIMMUNICIPAL CODE TO CREATE THE I~,BOR RELATIONS DEPARTMENT AND THE POSITIONS OF LABOR RELATIONS DIRECTOR AND ADMINISTRATIVE SERVICES DIRECTOR. Al2. 123: Approving an agreement with the County of Orange to provide bookmobile service to ~he Anaheim Independencta Community Center for a two hour period of time, one day a week. A13. 123: Approving an agreement with Digital Equipment Corporation, in the amount of $6,792 per month, for service on computer equipment used in connection with integrated library system, and authorizing the Library Director to execute said agreement on behalf of the City. All. 123: Approving a Communications Agreement with the County of Orange, for the maintenance, installation, and repair of City-owned communications equipment, and a change in charges to a user fee on a time and material basis at the rate of $35.60 per hour for maintenance and repair, and $29.06 per hour for installation services. Al5. 123: Approving first amendments to the agreements with Anthony & Langford and BSI Consultants, Inc., to revise the hourly billing rate for consulting services provided in connection with various capital projects for the Parks, Recreation and Communi~y Services Department, and to extend the agreements to June 30, 1989. Al6. 175.123: Approvin~ an agreement with The Presley Companies, for the design and construction of primary water mains withinThe Highlands Development areas ln Anahetm. Al7. 175.123: Approvin~ an a§reement with The Presley Companies for the design and construction of a 16 inch transmission main, (Serrano Transmission Hain) within Special Facilities District No. 1, Anaheim Hills. Al8. 175.123: Approvin~ an agreement with The Presley Companies, for the design and construction of the two million gallon Serrano/Twin Peaks Reservoir, a Special Facility. A19. 156/123: Receivin~ and filing the final report from Hu~hes, Heiss and Associates of their management audit of the Anaheim Police Department. Roll Call Vote on Resolution Nos. 88R-378 through 88R-383: AYES: NOES: ABSENT: COUNCIL NEItBERS: COUNCIL NI~tBERS: COUNCIL ItEHBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None 965 City Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. The Mayor declared Resolution ~os. 88R-378 through 88R-383, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. Roll Call Vote on Ordinance No. 4965: AYES: NOES: A~SENT: COUNCIL MEMBERS: COUNCIL HEHBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4965 duly passed and adopted. 170: APPEAL OF TENTATIVE PARCELMAP NO, 88-335: Appeal of Tentative Parcel Map No. 88-335 which was approved by the City Engineer on September 19, 1988. Tentative Parcel Map No. 88-335 is located at the northwest corner of Anaheim Hills and Nob1 Ranch Roads. Submitted was report dated October 3, 1988 from the Director of Public Works and City Engineer, Gary Johnson, recommending that the City Council review the complaint voiced by local homeowners as grounds for an appeal. Mr. Mary Madsen, 6015 East Hillcrest Circle, requested to speak to the issue. He is appealing the decision of the City Engineer in approving Tentative Parcel Map No. 88-335 on behalf of 130 homeowners affected by the decision. They want the opportunity to express their views at a night public hearing before the City Council and are asking that the Council grant such a hearing. They are concerned over removing public open space which belongs to the general public and reserved for the residents of the area and the citizens of Anaheim. Mayor Bay. The matter went through a public hearing in conjunction with Conditional Use Permit No. 2809 which was approved by the Planning Commission on June 21, 1986 and the decision upheld by the Council on August 12, 1986 when it came before them on an Informational Calendar. It is not usual for an appeal to come in on a parcel map division. He is not trying to predetermine what the Council will choose to do but would like to hear from the City Engineer or City Attorney on the matter. City Attorney, Jack %~hite. -The item before the Council today relates to an appeal from a decision of the City Engineer on the parcelization of an area of property. Nearly a year ago, the City Council approved a General Plan Amendment and Conditional Use Permit relating to the actual development of the project for the property. Those items were approved and became final many months ago if not over a year ago. At this time, it is not appropriate to reopen those because final action has been taken and the appeal period expired. The item under consideration relates only to the parcel map approval by the City Engineer and a decision ultimately of the City Engineer or City Council should the Council decide to approve the request for a hearing relating solely to the effect of the creation of two or more parcels out of the existing parcel of land on which the project will be built. The decision today is whether or not to reject the appeal which the Council has the right to do under state law and Anaheim Hunicipal Code provisions or approve a 966 I$1 Citw Hall. Anaheim. Californ/a - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. public hearing on the item which, because of the limitations and time required by state law, would need to be held within the next t~o weeks, or by October 25, 1988 in order to comply with time constraints of state law. Councilman Bay moved that a public hearing be set on the appeal of the decision of the City Engineer on Tentatiye Parcel Map No. 88-335 located at the northwest corner of Anaheim Hills and Nohl Ranch Road, and that it be at the regular public hearing time on October 25, 1988 or 3:00 p.m. Answering Councilwoman Kaywood who noted that the meeting of November 1, 1988 would be a nisht hearing, City Attorney 9hire explained that the o~ner of the property would have to approve the public hearing date going beyond the normal 30-day period. Gary McCann, Trider Corporation, 12 Corporate Plaza, Newport Beach. He does not wish to extend the public hearing date to November 1, 1988. He does not understand why a hearing is going to be held in the first place. He will not go along with any extension of a hearing date. A vote was then taken on the foregoing motion which was seconded by Councilman Hunter, that the public hearing be held on Tuesday, October 25, 1988 at 3:00 p.m. NOTION CARRIED. 105.; RESICNATION FROH THE FUBLIC UTILITIES BOARD: Councilman Bay moved to accept with regret the resignation of Hr. Ken Keesee from the Public Utilities Board as tendered in his letter dated October 5, 1988 and that a letter of thanks be sent to Mr. Keesee signed by the entire Council thanking him for his long and valuable service on the Public Utilities Board. Councilman Pickler seconded the motion. HOTION CARRIED UNANIMOUSLY. 114: DISCUSSION - NIGHT CITY COUNCIL MEETINGS: Request from Councilman Hunter at the meetinE of October 4, 1988, to discuss nisht Council Meetings. Councilman Hunter. His position is clear. He favors more night City Council meetings. Anaheim is one of the very few cities in Orange County to hold day meetings ~hich eliminates most people from being able to attend because they either work or have family obligations. He believes if a poll were taken in the City, it would show a percentase in the low 90's of the people favoring nlsht Council meetings. Citizens should not be penalized in order to be able to attend a public forum. He had suggested that agenda items start at 3:30 p.m., those involving City business which would enable Department Heads to be out by 5:00 p.m., that Closed Sessions commence after City business and that public hearings start at 6:30 or 7:00 p.m. It is necessary that the Council be accessible to the public whereas now it is Just the opposite. The Police Association, Fire Association, Anaheim Municipal Employees Association and persons throu~,hout the community have expressed that they want nisht City Council ~eetings. Councihsan Hunter moved that City Council meetings be all night meetings commenctn~as soon as a new ordinance can be drafted and adopted in order to effect the change. Councilman Ehrle seconded the motion for purpose of discussion. 967 132 City Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. Council Hember Kay~ood, Ehrle and Pickler then gave their views relative to the motion. Councilwoman Kay~ood expressed her concern that it would not be of benefit to the City to have Department Heads spend considerable tt~e at night meetings and not be available for a portion of the next day because of late hearings. Councilman Ehrle stated he is not opposed to niSht meetings. He would like to see all public hearings at night, perhaps the first and th[rd Tuesday of every month. Public hearings should be at a time accessible to the public. Councilman Pickler. His status is different than that of Councilman Hunter since both his days and evenings are open. He is not a night person and his day starts at 6:30 a.m. Regular night meetings will last to perhaps 12 midnisht and sometimes 1:00 or 2:00 a.m. For a working person, it is difficult to be at a hearing until that time. He wants to have a consensus of the people that, in fact, a majority want to have night meetings. He represents all 243,000 citizens and not Just those associations or groups backing Councilman Hunter who have requested night hearings. When people have a cause and something to say, the Council Chamber has been filled ~hatever time the hearing is held. He would have no problem discussing Councilman Ehrle's suggestion of holding public hearings at night on the first &nd third Tuesdays. He would like to take a poll and determine for himself that there is a consensus of citizens who want night meetings. A vote was taken on the foregoing motion and failed to carry as a result of the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None ITEMS OF PUBLIC INTEREST: Ralph Sangtovannt, 2042 West Simmons Avenue. He is the Area 9 Representative for H.O.H.E. and strongly suggests that the Council keep thinking about having night Council meetings so that citizens can participate. Pastor Phil A~ullar, 511 No~th Anaheim Boulevard. As Pastor, he reported that things were going well for the Set Free Christian Fellowship. He commented on issues the Council had discussed - he believes in being accessible and he also plans to see the D~tEht Thompson Hinistries when they are at the Freedman Forum (Celebrity Theatre). LavernWilson, 714 South Janss. At the corner of Harbor and Anaheim Boulevard t~o houses were torn do~n and now trash is being dumped there. He called Code Enforcement. There are curbs at First Christian Church which were painted red illegally. Nobody has responded. Hitzy Ozaki, 340 Ttmken Road. The difficulty is not how many night meetings there are but their option to request that items of interest to residents be heard at a night meeting. Where there are items of extreme public interest 968 129 Hall. Anaheim. California - COUNCIL HINUTES - October 11. 1988. 1:30 P.H. residents should be able to request and be granted night hearings; Councilwoman Kay~ood stated the Council has always agreed to hold night meetings in such instances. Hitzy Ozaki. Last week was a night meeting. In this case (Re: Tentative Parcel Hap No. 88-335) the developer does not wish to have a continuance of the item. There should be some consideration given to circumstances that call for a night hearing. City Clerk Sohl clarified that the hearing about which Hrs. Ozaki is speaking could not be held later than October 25, 1988. James Bonsteel, 1203 North Croton. He again expressed concern over the creation of the new Labor Relations Division. Curtis Stricker, Hember of Anaheim H.O.H.E. Daytime meetings are difficult for the public to attend. He does not see why there is a concern over Department Heads attending night meetings. He agrees that night meetings are a 'drag' but feels that is due in part to the fact that the Council second guesses the Planning Commission necessitating additional public hearings before the Council. He has suggested before that the Council could clean up agenda items noting that there are many waiver and variance requests. He does not know if every meeting needs to be at night. It is necessary to analyze the situation more closely to see what can be done to make night meetings work efficiently. RECESS: By general consent the Council recessed for five minutes after which the meeting would commence with the public hearing portion of the agenda. (2:57 p.m.) AFTER RECESSi The Hayor called the meeting to order, all Council gembers being present. (3:15 p.m.) 179: PUBLIC HEARING - VARIANCE NO. 3830 AND NEGATIVE DECLARATION: APPLICANT: OI~NER: DHST Development, Inc., Attn: John D. Dye 1203 W. Lambert Road, No. 200, Brea, CA92621 LOCATION/REQUEST: The properties are located at 120, 121, 124 and 125 Hartin Road. The request is to construct four, 2-story, 28-foot high, single-family residences with waiver of maximum structural height. ZONING ADHINISTRATOR ACTION: Variance No. 3830 was denied by the Zoning Administrator under Decision No. ZA88-51. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilman Bay 'and Councilman Ehrle at the meeting of August 30, 1988 and public hearing scheduled chis date. 969 City Hall. Anaheim. California - COUNCIL HINUTES - October 11. 1988. 1:30 P.H. PUBLIC NOTICE REQUIREHENTS HET BY: Publication in Anaheim Bulletin September 29, 1988. Posting of property September 29, 1988. Hailing to property o~ners within 300 feet - September 29, 1988. PLANNINC STAFF INPUT: See Staff Report to the Zoning Administrator dated August 11, 1988. APPLICANT'S STATEHENT: John Dye, 1203 West Lambert Road, Brea. He is the o~ner of the property and represents four prospective residents of the area. He outlined some of the concerns expressed by area residents at the Zoning Administrator public hearing held September 26, 1988, one being that any house over 25 feet is unsi~htly to the area along with the argument that the 25 foot height limit must be maintained because their homes were built within that limit. Host of the homes in that area were built a number of years ago when property values were considerably less. Since that time, styles of homes have changed considerably. He pointed out that there have been 31 height variance requests in the last two years in Anaheim or 30% more than the rest of the County. If the height limit is raised to 30 feet, it would cut do~n on the number of variances requested. New home buyers who can afford to live in the area want larger houses with high pitch architecture and feel that 25 feet is too restrictive. It is his feeling that nicer and larger homes increase the value of the whole area. His variance request for 28 feet was denied. He has subsequently redesigned the homes resulting in three of the four homes being at the 25 foot height with the exception of the home on Parcel 3 which is a problem. That house is 8 feet below street level. He would like to build it higher so that the front door is closer to the level of the street. If he cannot do it with the structure, he will have to do it with the grading. The height limit is measured from finished grade. The height necessary for that house is not yet determined but he would like to go as high as he can. The front of the house will he like having a basement under it but instead o£ underground it will be above ground. PUBLIC DISCUSSION- IN FAVOR: C.H. Thompson, 1312 West Collins, Orange. They designed the houses for the lots. They are classic architecture and not something dreamed up. Leaving the floor plans and ceiling heights alone and bringing the roof down can change the style of the house. Relative to Parcel 3, he does not believe the height has to go to 33 feet but to get within the 25 feet which Anaheim figures from the finished grade, it is necessary to adjust the finished grade and start measuring which means the ridge can be put almost anywhere. Other Jurisdictions figure envelopes based on different conditions which is 97O 127 City Ns11. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. restricted to the original grade. Houses today are becoming bigger and bigger and roof pitch goes up accordingly. It is Just a matter of geometry. Bill growers, 116 South Eucalyptus. He has been in construction for 25 years. He asked that the Council look at this variance request closely. He does not have any interest in the subject houses. He is going to be the builder of his personal home on Eucalyptus but not the subject four houses. Councilman Pickler. He asked for confirmation that the request at this time was still to construct four 2-story 28 foot high single-family residences. Joel Fick, Planning Director. That was the original proposal submitted along with plans which were reviewed by the Zoning Administrator. Staff heard today along with the Council that the houses have been redesigned and three of the houses could now meet the height standards but the fourth would require a variance. Staff has not received copies of revised plans. PUBLIC INPUT- IN OPPOSITION: Phil Jou Jon-Roche, &50 Via Vista. In June, 1970 the City Council passed a resolution with the intent to maintain the subject area as a low density residential area. The Hohler Drive area, as a condition of annexation, got a special Council Policy to maintain narrow roads, no curbs in most areas, no street lights in all areas, etc., along with the 25 foot height limit. That limit has served the area well. As evidenced from the CPA adopted for the area, from which he read portions, the City has made a commit~aent to its citizens to preserve and enhance natural scenic elements in the Scenic Corridor. Unfortunately they are getting some non-scenic homes in the area. It will be penalizing those who have lived within the Codes in the past to allow a waiver of the height limitation. ~e also confirmed for Councilman Pickler that the residents had not seen any revised plans and they are working on the basis that the original request is still valid. He is assuming any new plans would have to be re-presented and reheard. Hitzy Ozaki, 340 Timken Road. She submitted and read a letter on behalf of the Santa Ama Property O~ners Association which was accompanied by a petition on the subject variance, Variance No. 3830. (The petition also listed opposition to another variance, Variance No. 3828, the public hearing for which was held on October 4, 1988 and continued to November 29, 1988 - both made a part of ~he record). She also read her letter Just submitted urging the Council, 'to maintain the integrity of the Scenic 971 City Hall. Anaheim. California - COUNCIL MINIFfES - October 11. 1988. 1:30 P.M. Corridor Overlay Zone and its intent to retain the natural features of the Santa Ann Canyon area.' (Letter made a part of the record). The letter also asked that the Council's decision be reflective of the will of the area majority and also reflective of the promises made to the Mohler area residents. SonJa Grewal, speaking on behalf of the Board of Directors of the Anaheim ~ills Citizens Coalition. If variances are given, they should be based on hardship. They have supported height variances when there was a slope situation involved. The residents want something that is consistent with what is presently in existence. To change the standards midway through will lessen the effectiveness of what has been occurring in that area. Ralph Sangiovanni, 2062 West Simmons Avenue. The applicant feels the height rule should be changed thereby saving everybody's time. He as well as other contractors and architects know the rules before starting a project. Time could be saved by developers staying within the rules. Phyllis Duncan, 7625 Pleasant Place. The Code in the Scenic Corridor states that a house cannot be built above 25 feet. There is a variance system in place which gives flexibility if there is a hardship. Residents have to come to the City weekly to 'fight' to maintain something that is clearly stated in the Code. She referred to many large houses that have been constructed which were built to Code. She urged denial of the requested variance. She also submitted a letter of opposition from a homeowner who could not be present. Maria Ritter, 191 Possum Hollow. They are opposed to Variance No. 3830. It is possible to build a large home on a one-half acre lot while staying within the 25 foot height limit. She also expressed concern over the additional traffic that will be created at the sharp blind corner where Martella curves into Martin Road. Ray Currte, 8750 ~artella, also representing other members of his family who live on Martella. He and his family have built homes for the last three years which are attractive and comply with height requirements. Approval of the subject variance would place a hardship on his property and the property of his family. Linda Deforest, 360 Timken Road. They are new residents of the Mohler area and urged the Council to maintain the rural integrity of that area. Carol Simpson, 261 South Wildan. The same architect that designed the subject homes designed her home and others as well as one that is up for sale at present 125 Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. vhich is in the 25 foot range. The selling price is $750,000. If a home at 25 feet can bring that price, she does not see any hardship no matter how much the property costs to purchase. (She submitted a document Justifying her statement). Jim Duncan, 7625 Pleasant Place, expressed opposition to the variance. SUMMATION BY APPLICANT: Jack Dye. He reiterated that through redesign, three of the houses are now at 25 feet but he will need a height variance on the fourth home on Parcel 3. Since he did not appeal the variance but the Council did so, he does not have new drawings to submit to staff. He is in the process of preparing those documents. Hayor Bay. He does not want to preclude what the decision will be but if the variance is denied, he suggests that Hr. Dye resubmit his request on the one parcel and take it back to the Zoning Administrator. At this time, the hearing has to be based on the drawings that were originally submitted and all other original doctmentation. EKVIRONHENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kay~ood, 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. HOTION CARRIED. W~IVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-384) Councilman Bay moved to waive the reading in full of the resolution. Counctlwoman Kaywood seconded the motion. HOTION CARRIED. Councilwoman Kaywood o£fered Resolution No. 88R-38& for adoption, denying Variance No. 3830. Refer to Resolution Book. RESOLUTION NO. 88R-38~: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH DENYING VARIANCE NO. 88R-384. Roll Call Vote: AYES: NOES: ABSENT: COU~CIL~ERS: COUNCIL~ERS: COUI/¢ILI/I~BFAS: Ehrle, Hunter, Kay~ood, Pickler and Bay None None The Mayor doclaredResolution No. 88R-38~ duly passed and adopted. 973 126 City Hall. Anaheim. California - COUNCIL HINUTES - October 11. 1988. 1:30 P.H. 179: PUBLIC HEARING - VARIANCE NO. 3832. CATEGORICALLY EXEHPT. CLASS 3-A: APPLICANT: O%~NER: Gilbert L. ~iggam and Kathleen ~iggam 768 Fairway Lane, Anaheim Hills, CA 92807 LOCATION/REQUEST: The property is located at 6860 E. Avenida de Santiago. The request is to construct a 2-story, 29-foot high, single-family residence with waiver of maximum structural height and minimum fountain setback. ZONING ADMINISTRATOR AGTION: Variance No. 3832 was approved by the Zoning Administrator under Decision No. ZA88-52. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of August 30, 1988, and public hearing schedule this date. PUBLIC NOTICE REQUIREHENTS MET BY: Publication in Anaheim Bulletin September 29, 1988. Posting of property September 29, 1988. Hailing to property owners within 300 feet - September 29, 1988. PI.a=NNING STAFF INPUT: See Staff Report to the Zoning Administrator dated August 11, 1988. APPLICANT'S STATEHENT: Tim Doss, Doss & Associates. They prepared the plans for the ~iggam residence. The Zoning Administrator approved the variance and the same thing still holds true relative to the project. There is a changing grade on the site where the street elevates up to 5 feet on one end of the property and puts a hardship on the access to the house. They made a decision to grade the pad up in one corner where there is the 5 foot difference. They have tried to keep the house to 25 feet on the majority of the property and only approximately 5% of the roof area exceeds the height limitation. He also confirmed for Councilwoman Kaywood that there will be no splashing or spraying from the proposed fountain which will be made of hand-carved stone. Gilbert ~iggam, owner. He has a letter from his next door neighbor who approves of the variance. His house is at 30 feet. The proposed house will not impede his neighbor's view. He also has another letter from the President of the Homeowners Association (Hidden Canyon Estates Homeowners Association, Bruce S. Daniels, President) which he read which was supportive of his variance request (both letters made a part of the record). Karen Roach. She owns a lot (#12) of Tract No. 10998 in Hidden Canyon 974 123 Gi~v~ Hall. Anaheim. California - COUNCIL HINUTES - October 11. 1988. 1:30 P.H. Estates. At the Planning Commission meeting of September 20, 1988, a motion was made and approved that Hidden Canyon Estates was different from other areas in the Scenic Corridor and that the heisht limit be changed to allow 35 feet. The Planning Commission agreed and were going to send the recommendation to the City Council. An over~ehelming majority of residents in the Hidden Canyon Estates approve of the Wiggam's request for a height variance and asked that the Council look favorably on it. (She submitted a letter si~ned by homeovners and property o~ners in Hidden Canyon Estates supporting the height variance requested). COUNCIL ACTION: Hayor Bay closed the public hearing. ENVIRON~E~TTAL IMPACT REPORT - CATEGORICAL EXEHPTION: On motion by Councilman Bay, seconded by Councilman Hunter, the City Council determined that the proposed activity £alls within the definition of Section 3.01, Class 3*A, o£ the City o£Anaheim suidelines to the requirements for an Environmental Impact Report and is, there£ore, categorically exempt from the requirement to file an EIR. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-38§) Councilman Bay moved to waive the reading in fuli of the resolution. Councilman Hunter seconded the motion. HOTION CARRIED. Councilman Bay offered Resolution No. 88R-385 for adoption, granting Variance No. 3832 subject to Zoning Administrator conditions. Refer to Resolution Book. RESOLUTION NO. 88R-385: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH GRANTING VARIANCE NO. 3832. Roll Call Vote: A~ES: COU~CIL~F.~S: Ehrle, Hunter, NOES: COUNCILNEHBERS: None ABS~f: C0~CIL HF2~B~S: None ~ay~ood, Pickler and Bay The Hayor declared Resolution No. 88R-385 duly passed and adopted. 179: FUBLIC HEARING - RECLASSIFICATION NO. 87-88-§0 (REVISION NO. · VARIANCE NO. 3794 AND NEGATIVE DECLARATION: AFPLICANT: OI~NERS: Joseph H. Hakabi and Jaleh J. Hakabi, et al 3333, 3335 and 3335-I/2 W. Ball Road, Anaheim, CA 92803 2). AGENT: Hagdy Hanna &OOOHacArthur Boulevard, #680, Newport Beach, CA 92660 975 124 City Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. LOCATION/REQUEST: The property is located at 3333, 3335 & 3335-1/2 West Ball Road. The request is for a change in zone from RS-A-43,000 to RH-3000 or a less intense zone, and to construct a 1 and 2-story, 12-unit 'affordable' condominium complex with waivers of (a) minimumbuilding site area per dwelling unit, (b) maximum structural height, (c) minimum floor area of 3-bedroom dwelling units, (d) minimum structural setback abutting a single-family residential zone and (e) minimum recreational/leisure area. PLANNING COMMISSION ACTION: Reclassification No. 87-88-50 was approved by the Planning Commission under Resolution No. PC88-242; Variance No. 3794 was granted by the Planning Conisston under Resolution No. PC88-243; approved Negative Declaration. HEARINC SET ON: An appeal of the Planning Commission's decision was filed by Thomas Peck and various homeowners on Deer~ood and Wes~vale Drives, and public hearing scheduled this date. PUBLIC NOTICE RE~UI~S~BY: Publication in Anaheim Bulletin September 29, 1988. Posting of property September 30. 1988. Mailing to property owners within 300 feet - September 29, 1988. PETITIONER'S STATEMENT: Thomas Peck, 3341 West Deerwood. He lives on the west side adjoininS the subject property. Most of the people in the area work during the day so could not attend the meeting. He has 89 si~natures of people opposing the variance which he submitted to the Council (made a part of the record). The petition listed the objections to granting Variance No. 3794 which he briefed. The residents are especially concerned with the five waivers requested on this project. They have met with the developer three different times but did not meet a fourth time because they were not afforded a chance to see what was being proposed. With 12 units proposed under RM-3000, it is three times the saturation that would be allowed for the present low density designation. Along with the concerns and objections expressed in their petition, they also strongly disagree with the findings of the Plarming Co~mission that the project will not be detrimental to or infringe on surrounding properties. PUBLIC DISCUSSION- IN OPPOSITION: Ralph Sangiovanni, 242 West Simmons. He is present in support of Mr. Peck's appeal and is requesting denial of Variance No. 3794 so that a high density project will not be built in Mr. Peck's backyard. Willa Cornett, 3347 West Deerwood. Six people on Deervood have lived there for 30 years. She is a 22-year resident. All have lived within the rules the City has 976 121 City Hall. Anaheim. California - COUNCIL HINUTES - October 11. 1988. 1:30 P.H. set do~nvhich rules are designed to protect property values. Out-of-area o~rners and developers should also abide by the rules. Bill growers, 116 South Eucalyptus. He is not against growth but is against taking something from an old established community and taking part of that community for the enterprise system. Henry Ledesma, 3362 West Deer~ood. He is strongly opposed to the request. If something is going to be built it should be smaller than the project being proposed. Helen Rwiecien, 3352 West Deer~ood Drive. She is strongly opposed to all the waivers requested. The cul-de-sac they are planning abuts to the garages on the subject property which is only 25 feet from the wall leaving no room to back up a 20 foot car, turn it around and come through the cul-de-sac do~n Deer~ood to get to WesCvale. Traffic will be horrendous since Wes~vale is the only access out of the tract to Ball Road. It is dangerous to make a turn onto Ball Road from Wes~vale even now. Fifty percent of those living in the tract are seniors and they have difficulty coping with extra traffic as well as noise pollution. Gordon Hetcalf, 3353 West Glen Holly. He has been in the construction industry for 25 years and is pro-growth but for something that is consistent with an area. Homes in the area were built over 30 years ago and have been maintained in excellent condition. The proposed project will dilute the value of the homes. James A. Dunn, 3365 West Glen Holly. He urged the Council to vote with homeowners in denying the variance. Betty Berry, 3367 Deer~ood. T~elve units should not be allowed on the property. is Coo high. The density Jan Sill, 3369 West Glen Holly. The residents do not want their homes to be devalued because of low income housing, apartments or condominiums being brought into the area. She is also concerned with the extra cars that will be brought into the area and where those cars will park. They cannot see now trying to exit their tract because cars are parked along the street. There will be no place for children to play in the project. Darren HcCeorge. He is opposed to any variances at all. 977 City Hall. A~ahetm. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. Maurice Sahara, 3348 Deerwood. With four new houses, he is concerned over what will become of the street since there are already 21 cars there now. Connie Mills, 3351 Deerwood. She is concerned about crime with low cost housing. want their community to become another Chevy Chase. They do not DEVELOPER' S STATEHENT: Mr. A1 Marshall, Newport Pacific Development, 4400 MacArthur Boulevard, Newport Beach. The end product they have come to after working with the neighbors is one they felt was very appropriate for that neighborhood. It is a good design much like single family homes. It is home ownership with no rentals. There are only t~o affordable units which on a square foot basis will cost a square foot. It is one of the better quality products they have been able to produce. He then addressed each of the issues presented by the petitioners as well the variance requested. He also reported that the project when originally proposed was for 24 apartments, reduced to 16 townhouse style condominiums and now down to 12, 4 of which are 2-story. In order to make a better project, certain variances had to be requested. Regarding the minimum floor area, they can add 55 feet to the 3-bedroom units which will eliminate that waiver request. He then addressed the other variance requests and also the concern over the cul-de-sac which they (Newport Pacific) felt was an excellent compromise. It is limited to only 4 homes. The adjacent nursery property at some point in time will be developed and when it is, there is no way of telling what will occur. The road may go through and there may be more problems involved. The condominium development and the cul-de-sac stopping the street going through will set a positive tone for future development of the property. They have come a long way from what was originally proposed. The proposal will set an excellent precedent for the nursery property. It is a homeo~nership project which will be an asset to the community. SUMMATION BY PETITIONER: Thomas Peck. No one met with the residents regarding the last proposal by the developer. The Planning Commission meeting was held on a Monday and the new proposal was submitted to them the Friday before. The first the residents saw of it was at the Planning Department counter. There is no block wall at the end of Deerwood Drive right now but Just the barricade. If they go to a 36 or 38 foot cul-de-sac it was stated that the residents would have to give up some of their property. They are concerned about 4 to 6 cars parking in the cul-de-sac. If those cars are parked there there will be no way to get out. As far as low density, it is not a low density project. The request is that it be changed to 978 119 Hall. Anaheim. California - COUNCIL HINUTES - October 11. 1988. 1:30 medium low density. He does not know why that was given to the developers without the residents consideration at the beginning. COUNCIL ACTION: Hayor Bay closed the public hearing. Hayor Bay. He recalled previous hearings regarding the subject property which included proposals for 2 and 3-story apartments, developments which he rejected. The residents have fought hard against higher density. The nursery next door is currently zoned agricultural and some day will also be developed. They have also talked in the past about Deer~ood Drive cutting through the middle of the property. He does not now understand after listening to all those other hearings and strong opposition to apartment development at 36 units per acre why there is opposition in this case. Previously he heard the residents say that they wanted homeo~nnership and something that does not impact their neighborhood. In his opinion, the opposition to the proposed development is somewhat unreasonable compared to previous proposals and what could be developed on it since it is facing Ball Road. The proposal is now down to 12 units with 2.5 parking spaces per unit. It is an answer to the Council's request that the developer come in with ownership that will not only buffer the single family neighborhood from Ball Road, but also from what may eventually be developed on the nursery property. He does not agree that the development will impact the single-family neighborhood as much as small strip commercial could. Councilman Ehrle. He strongly supports the concept of homeo~nnership and supports this project. Looking at land costs today and the 12 units being proposed, each unit is going to cost between $110,000 to $135,000. The project will not devalue homes already existing in that nei~hborhood. Councilman Bunter. The Council in a Joint meeting with the Planning Commission discussed how they could encourage developers to bring private ownership back to Anaheim instead of high density apartment projects. He believes that this is the first project since then that has come before the Council where the developer is proposing homeownership condominiums. The Planning Commission voted &-0 to approve the project and he is going to vote in favor. Councilman Pickler. He favors the fact that the proposal is one of homeownership but his ~ain concern is with the five variances being requested ~hich he feels could be decreased or eliminated by decreasing the number of units being proposed. He is going to oppose the project. 979 120 ~ity Hall. A~heim. California - COUNCIL NINUTES - October 11. 1988. 1:30 P.M. Councllwoman Kayvood. Hr. Harshall stated they could delete waiver (c), minimum floor area of 3-bedroom dwelling units by increasing the floor area of those units to meet Code. She believes that is important. She asked Mr. Harshall if he would be able to delete the waiver and increase the 3-bedroom floor area to 1,150 square feet or would that create a waiver someplace else; Hr. Narshall answered it would not create a waiver someplace else and that could be done. He stipulated to the elimination of waiver by increasing the square footage for the 3-bedroom units to 1,150 square feet. ENVIRONHENTAL INPACTREPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution No. 88R-386 and 88R-387) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. NOTION CARRIED. Councilman Bay offered Resolution No. 88R-386 for adoption, approving Reclassification No. 87-88-50 and Resolution No. 88R-387 for adoption, granting Variance No. 3794, subject to City Planning Commission conditions but with the stipulation that waiver (c) be eliminatedby increasing the square footage of the 3-bedroomunits to meet Code. Refer to Resolution Book. RESOLUTION NO. 88R-386: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINDING AND DETER[fiNING THAT THE ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIHNUKICIPALCODE SHOULD BE AHENDEDA~D THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGe. RESOLUTION NO. $8R-387: A RI/SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAttEIH GRANTING VAI~IANCE NO. 3794. Roll Call Vote on Resolution Nos. 88R-386, and 88R-387: AYES: COUNCILNI~.S: Ehrle, Hunter and Bay NOES: COUNCILLORS: Pickler ABSENT: COUNCIL HENBERS: None The Hayor declared Resolution Nos. 88R-386, and 88R-387 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE P~Pd~IT NO. 3011 AND NEGATIVE APPLICANT: (N~IERS: lladhubala Rameshbhai Patel and Romesh Narottambhai Patel, et al. 980 117 City Hall. An~__h_eim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. ATTN: Ramesh N. Patel 1914 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION/REqUEST: The property is located at 1914 South Anaheim Boulevard. The request is to permit a 64-unit motel. PIANNING COHHISSION ACTION: The Planning Commission requested that the City Council review the item, and recommended that fees be based on increase of square footage only. Conditional Use Permit No. 3011 was Granted by the Planning Comission under Resolution No. PC88-252; approved EIR - Negative Declaration. HEARINC SET ON: A letter of appeal was filed Peter C. Wittliu, attorney on behalf of Ray & Hona Pate1, and public hearing scheduled this date. FUBLIC NOTICE REQUIREHENTS HET BY: Publication in Anaheim Bulletin September 29, 1988. Posting of property September 30, 1988. Hailing to property o~ners within 300 feet - September 29, 1988. PLAN~INC STAFF 1NFUT: See Staff Report to the Planning Commission dated August 29, 1988. APPLICANT'S STATEHENT: Peter Wittlin, Attorney, Law Offices Attorney, Newport Beach, representing the Patels. The Planning Commission dealt with two fees, developmental and interim fees. It is his understanding the Council has discretion to go along with the Planning Commission's recomnendation of the reduction of the developmental fee only be imposed on the increased building area whereas it does not have discretion to go along with the proposed reduction on the interim fee under Ordinance No. 4655. Even if the Council wanted to adopt the Planning Commission recommendation in full on the interim fee, they cannot do so based on the wording of the ordinance. He was present at the Planning Commission hearins~here the Commission recommended that the ordinance be amended to build in this discretion so that the interim fee could, under certain circumstances, be imposed only on increased square footage as opposed to the entire project. In this case, there is a low cost series of units that constitute a 36 unit motel. They are proposing to build one buildin8 that will have 63 units. It is a budset motel. They have filed a report showin8 the l~pact on traffic that the new hotel will have. He is proposing that the Council continue the hearing until the ordinance has been amended to permit discretion by the Council to 8o alon8 with what the Plannin8 Commission said. After the ordinance has been changed, the Council can either adopt the Planning Commission recommendation in full and at least listen 981 118 ~it¥ Hall. Anaheim. California - COUNCIL HINUTES - October 11. 1988. 1:30 P.H. to his request that the interim fee portion be totally exempt. lc is a similar or less intense use of the property than at present. The City Attorney and he differ on whether that is true or not but he thinks they are in agreement. He reiterated he would like to have the ordinance amended and that the matter be continued. City Attorney l~hite. · he interim fee ordinance as ~r~itten and existing does not contemplate a situation where a credit would be allowed~hen an existing building is demolished and a replacement building larger in size and square footage constructed in its place. The Planning Commission imposed conditions recommended by staff, one of which was that the interim fee be paid. Another was what he would call the short fall fee be paid and that is not addressed in any ordinance. The interim fee is specified in the Code and 'does not contain any provision for Council to grant any relief that the fee be paid for the entire square footage of the new building and not give it credit for the number of units in existence and being torn do~n and replaced. The Planning Commission recommended that such a credit would be appropriate in this type of case. Under the existing ordinance, there is no discretion to sire that type of credit and if that is going to be considered, the ordinance needs to be amended to give the Council or the Flanning Commission the authority to waive a portion of the fee under the appropriate circumstances. It could be amended in one of t~o ways - to say the Council has the authority to waive all or part of the fee where good cause is sho~n or it could be amended to go into precise detail. The real problem today is that the Planning Commission has made a recommendation that cannot be carried out without a Code amendment. The Council has the option to proceed with the hearing but could not entertain approving what the Planning Commission has requested unless the Code is amended. Hayor Bay asked the City Attorney his opinion on amending the ordinance. City Attorney ~it~. He does not disagree with the Planning Comtssion recommendation that in this case there may be Justification for allowing the credit as to square footage of existing units. If the Council were to adopt an ordinance that was specifically limited in nature to the precise type of situation, that is an option. The other would be to allow a more generic type of waiver provision which would probably encourage other requests similar to this. If the Council were today to authorize the drafting and subsequently adopt an amendment to give the credit, ~hen it comes back to the Council, that part of the subject application would be a foregone conclusion. He has no problem with that. It would say that this applicant has credit for the units being demolished. 982 !15 G~7~_ Hall. Anaheim. Califfornia - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. Mayor Bay. It is obvious that the Council cannot solve the problem in this hearing unless the decision is not to amend the ordinance thereby denying the applicant's request. Councilwoman Kaywood. At the time the ordinance was adopted, they did not want to give the Council the flexibility of making waivers because the amount of the fee was set on all the property in that area. It was discussed at that time that it would be a dangerous precedent. Mayor Bay. Although that may be the case, he feels the item should be continued and an amended ordinance be brought back for Council review to determine whether or not such an amendment is in order. MOTION: Councilman Bay moved that the subject public hearing be continued for 4 weeks to November 8, 1988, on the basis that the City Attorney is going to look into aome potential amendments to the existing ordinance and bring those options back to the Council in the form of a draft ordinance for possible Council action. Councilman Pickler seconded the motion. MOTION CARRIED. 179: ITEMS C1 - C12 F~OM THE PLANNING COMMISSION MEETING OF SEPTEMBER 26. 1988 - INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 18. 1988: Cl. VARIANCE NO. 3843. CATEGORICALLY EXEMPT. CLASS 11: OWNER: ROPBSHAN INC., ATTN: ROBERT E. WOOLEY, 5215 N. O'Connor, Suite 1820, Irvine, CA 92714 AGENT: BRILLIANT SIGNS INC., 1640 N. O'Donnel Way, Fullerton, CA 92667 LOCATION: &80 N. Glassell Street (Andreucci's Pasta House) To construct a 213-square foot freestanding sign with waiver of maximum area of freestanding si~n in the parking landscape area. Variance No. 3843 GRANTED by the Planning Commission, PC88-265. VARIANCE NO. 38&4. CATEGORICALLY EXEHPT. CLASS 11: OWNERS: ~ON INNS INC., 6799 Great Oaks Road, Suite 100, Memphis, TN 38138 AGENT: JOHN H. MARSDEN/MAISON ELECTRICAL SERVICES, 340 N.Juanita Street, Hemet, CA 92343 LOCATION: 300 East Katella Way CHAMPTON INN) To permit two (2) freestanding signs with waivers of (a) Maximum area of freestanding siEn, (b) Permitted location of freestanding signs and (c) Maximum height of freestanding sign. Variance No. 3844 GRANTED by the Planning Commission, PC88-266. C3. CONDITIONAL USE PERMIT NO. 3066 AND NEGATIVE DECLARATION: OI~ER: U.S. INVESTHENT LIMITED, ATTN: THRREAL ESTATE HANAG~T, 2070 South Park Place, Suite 1§0, Atlanta Georgia 30339 AGENT: F. EARL HELLOTT, 1035 Armanda St., Suite "S", Anaheim, CA 92806 983 City Hall. ~--heim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. LOCATION: 1000 N. Kraemer Place. To permit a mobile radio installation/office facility. CUP NO. 3066 GRANTED by the Planning Commission, PC88-267. Approved Negative Declaration. WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3068 AND NEGATIVE OWNER: ELLI~IN E. ASHWILL AND ALICE RENAE ASHWILL, 1805 E. Garry Ave., #110, Santa Ana, CA 92702 AGENT: ASH~ILL, HAI4KINS, lNG., ATTN: TAD GARA BEDIAN, 660 N. Diamond Bar Blvd., Suite 205, Diamond Bar, CA 91765 LOCATION: 1081 N. Grove Street To permit an auto body repair and paint facility with waivers of (a) minimum number of parking spaces and (b) required improvement of ri~ht-of-way. CUP NO. 3063 GRANTED by the Planning Commission, PC88-268. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3067. ~6TEGORICALLY EXEMPT. CLASS 3 AND 5: OWNER: ENRIQUE BASURTO AND ANTONIA BASURTO, 1515 E. Broadway, Anaheim, CA 92805 LOCATION: 1515 E. Broadway To permit a 536 square-foot "Granny Unit" withwaivers of (a) minimum side yard setback, (b) minimum rear yard setback and (c) minimum number of parking spaces CUP NO. 3067 GRANTED by the Planning Commission, PC88-269. Waiver of Code Requirement GRANTED by the Planning Commission. A review of the Planning Commission's decision was requested by Council Members Kaywood and Pickler and therefore, a public hearing will be scheduled at a later date. WAIV~ OF CODE REOUIREMENT. CONDITIONAL USE pERMIT NO. 3062 AND NEGATIVE OWNER: THRIFTY OIL COMPANY, 1000 Lakewood Blvd., Downey, CA 902&0 AGENT: TAITANDASSOGIATES INC., ATTN: RICHARD TAIT, 800 N. Eckhoff St., Orange, CA 92613 LOCATION: 3101 East La Palma Avenue To permit a convenience market with gasoline sales, fast food service and off sale of beer and wine withwaivers of (a) permitted encroachment of trash enclosure into required front yard area and (b) minimum landscaping adjacent to interior boundary lines. CUP NO. 3062 DENIED by the Planning Commission, PC88-270. Waiver of Code Requirement DENIED by the Planning Commission. Approved Negative Declaration. 984 City Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. C7. WAIVER OF CODE REOUIREItENT. CONDITIONAL USE PEP. HIT NO. 3065 AND NEGATIVE OI~NER: KAISER DEVELOPHENT COHPANY, 2121 Palomar Airport Road, Suite 201, Carlsbad, CA 92008 AGENT: WESTPORT PROPERTIES, 3090 Pullman St., Costa Hess, CA 92626 LOCATION: 191 Old Svrin~s Road To per, it a day care center for 318 children with waiver of minimum building setback. CUP NO. 3065 GRANTED by the Planning Com~isslon, PC88-271. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. ~AIVER OF CODE REOUIREHENT. CONDITIONAL USE PEP, HIT NO. 3069 AND NEGATIVE OILER: CALIFORNIA PROPERTIES FUND, 245 Fischer St., Bldg., D-l, Costa Hesa, CA 92626 AGENT: CHANDULALK. PATEL, 17595 Al~hurst Rd., gte. 208, City of Industry, CA 917&8 LOCATION: Proverty is avvroximately 1.35 acres on the east side of ~ate College Boulevard. avvroxtmately 280 feet south of the centerline of Oran~ewood Ave. To permit a 4-story, 164-room hotel with waiver of minimum number of parking spaces. CUP NO. 3069 GRANTED by the Planning Commission, PC88-272. ~atver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. ¢9. VARIANCE NO. $842 AND NEGATIVE DECLARATION: OI~NER: LAND J ANAHEIH ASSOCIATES, 1050 N. ~esternAve., San Pedro, CA 90732 LOCATION: 1221 South Harbor Blvd. (Travelod=e Hotel} To waive minimum number of parking spaces to expand an existing 260-room hotel with the addition of 76 ~uest rooms and 5,000 square feet of meeting/conference room area. Variance No. 38&2 CP,.A..k~£D by the Planninl Commission, PC88-273. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Hembers Kay~ood and Pickler and therefore, a public hearing will be scheduled at a later date. C10. I~AIVER OF CODE REOUIREHENT. CONDITIONAL USE PERI/IT NO. 3057 AND NEGATIVE O~NER: BR PROPERTIES PARTNERSHIP, 450 Newport Center Drive, Newport Beach, CA 92660 LOCATION: Prover~y_ is avvroximatelv 3.6 acres located at the northeast corner of Santa Ann Canyon Road and Rivet-view Drive. To construct a 3-story, 52 foot high office building with waiver of (a) minimum front setback, (b) minimum structural setback adjacent to Freeway and Scenic Expressway, and (c) location of mechanical equipment. 985 Il4 City Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. COP NO. 3057 DENIED by the Planning Commission, PC88-274. Waiver of Code Requirement DENIED by the Planning Commission. Approved Negative Declaration. ell. RECLASSIFICATION NO. $8-89-11 AND NECATIVE DECLARATION: INITIATED BY: PLANNING CO~IlSSION, CITY OF ANAHEIm, 200 S. Anaheim Blvd., Anaheim, CA 92804 For a change in zone from Rlt-1200, RH-2400 and PD-C to PD-C/RH-2400. ~T~I_0J~: Subject properties consist of certain lots (see attached ~ap) flanking those commercial lots fronting on North Anaheim Boulevard bet~eeen La Palma Avenue and Cypress Street and further described as follows: (a) 31 lots on east side of Zeyn Street, beginning 2 lots south of La Palma Avenue and extending to ~ilhelmina Street (currently zoned RH-2400). (b) 2 lots on south side of Sycamore Street Just easterly of intersection of Zeyn Street and 1 lot immediately south of the 2 lots, which fronts in Adele Street (currently zoned PD-C). (c) & lots on north side of Cypress Street located between 2 alleys be~weenAnaheim Boulevard and Lemon Street (currently zoned PD-C). (d) 8 lots on west side of Claudina Street, beginning I lot south of La Palma Avenue and extending to a public alley plus 1 lot facing Hills Drive, which is 1 lot west of the intersection of Claudina Street (currently zoned RH-2400). (e) I-lot on south side of Hills Drive, immediately east of the lot facing Anaheim Boulevard (currently zoned Rlt-2400). (f) 15 lots on west side of Claudina Street between North Street and Wilhelmina Street (northerly 12 lots currently zoned RH-2400 and southerly 3 lots currently zoned PD-C). lots having frontage on alley easterly of Anaheim Boulevard between Uilhelmina Street and Sycamore Street (currently zoned ih) 8 lots located between the southwest corner of Adele Street and Emily Street and the northwest corner of Cypress Street and Emily Street (currently zoned PD-C). Reclassification No. 88-89-11 DENIED by the Planning Commission, PC88-275. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Nembers Bay and Pickler and therefore, a public hearing will be scheduled at a later date. 986 111 City Hall. A~heim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. Councilwoman Kaywood. She asked if the intent was to turn all into parkinS lots. Annika Santalahti, Zoning Administrator. The neighborhood was extremely and vehemently concerned. The Planning Commission decided to back off on the matter altogether. There would be a commercial intrusion into the area and this would assist. Hayor Bay. He asked if staff was working on some new solution; Annika Santalahti. Since there was such strong opposition, no further action was initiated by the Planning Commission at this time. Mayor Bay. He would also like to know from staff the estimates of what the City is spending on the north Anaheim Boulevard widening and improvement project. REPORTS AND RECOHI, IENDATIONS: C12. REOUEST FOR CODE AHENDMENT PERTAINING TO THEATERS IN THE "CO" ZONE - Request from Alan J. Tuntland, Davis Development, for a Code Amendment to permit theaters as a conditional use in the Commercial, Office and Professional (CO) Zone. Planning Commission instructed City Attorney's Office to prepare a draft ordinance requiring individual cond£tional use permits. Request APPROVED by the Planning Commission. End of the Planning Commission Items. MOTIONS CARRIED. 179: ITEMS C13 - C14 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEHBER 22. 1988 - DECISION DATE: SEPTF2iBER 29. 1988 - INFORHATION ONLY - APPEAL PERIOD ENDS OCTOBER 14. 1988 C13. VARIANCE NO. 3845 AND NEGATIVE DECLARATION: OI~NERS: JOHN GRAUTEN AND HARILYN GRAUTEN, 522 S. Westgate Drive, Anaheim, CA 92806 RODOLF0 0RINA RE/IR~Z AND JULIET ~ACARAEG P~tlREZ, 516 S. Westgate Drive, Anaheim, CA 92806 LOCATION: 516 and 522 South~est~ate Drive To construct a 9-foot high lattice trellis withwaivers of (a) maximum trellis height and (b) minimum rear yard setback. Variance No. 3845 APPROVED by the Zoning Administrator, Decision No. ZA88-55. Approved Negative Declaration. ~4, VARIANCE NO. 3846. CATEGORICALLY EXEMPT. CLASS 5: O~N~: HARSOYO LUKITOANDANNIE NGAI LUKITO, 1909 Clifpark Way, Anaheim, CA 92805 LOCATION: 1909 E. Clifvark Vav To construct a 258 square-foot room addition with waiver of permitted encroachments into required yards. 987 qitv Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. Variance No. 3846 APPROVED by the Zoning Administrator, Decision No. ZA88-56. End of the Zoning Administrator Items. C15. RECLASSIFICATION NO. 87-88-09 AND CONDITIONAL USE PERMIT NO. 2943 - TIME EXTENSION TO COMPLY WIT~ CONDITIONS OF APPROVAL. REQUESTED BY: GANESH H. PATEL, PATELBARBOR GROUP, INC. LOCATION: Subtect property consists of aDDroximatel~ 1.68 acres located at the northwest corner of Oranzewood Avenue and Harbor Petitioner requests a one year time extension to expire on October 20, 1989, to comply with conditions of approval. ~ Councilman Bay moved to approve the requested 1-year extension of tt~me to expire on October 20, 1988 to comply with conditions of approval. Councilwoman Kaywood seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 4966 and 4967) Councilman Bay moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. 179: ORDINANCE NOS. 4966 AND 4967: (1) Amending Title 18 to rezone property under Reclassification No. 87-88-54 located at 2201 W. Lincoln Avenue, from RS-A-43,000 to CL; and (2) amending Title 18 to rezone property under Reclassification No. 87-88-55 located at 3826 W. Lincoln Avenue, from GL and RS-A-43,000 to RH-1200. Councilman Bay offered Ordinance Nos. 4966 and 4967 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4966: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF TIiE ANAhEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 87-88-54 located at 2201 W. Lincoln Avenue, from RS-A-&3,000 to CL) ORDINANCE NO. 4967: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING 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. 87-88-55 located at 3826 W. Lincoln Avenue, from CL and RS-A-43,000 to RM-1200) Roll Call Vote on Ordinance Nos. 4966 and 4967: AYES: COUNCIL HEKBERS: Ehrle, Hunter, Kay~ood, NOES: COUNCIL HEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickler and Bay The Hayor declared Ordinance Nos. 4966 and 4967 duly passed and adopted. 988 109 Hall. Anaheim. California - COUNCIL MINUTES - October 11. 1988. 1:30 P.M. ~79: ORDINANCE NO. 4968 - INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 87-88-31 located at 2100 South Levis Street, from RS-A-43,000 to RH-1200. Councilman Pickler offered Ordinance No. 4968 for introduction. ORDINANCE NO. 4968: AN ORDINANCE OF THE CITY OF ANAHEIHAMENDING THE ZONING IiAP REFERRED TO IN TITLE 18 OFT HE ANAHEIHIiUNI¢IPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 87-88-31 located at 2100 South Lewis Street, from RS-A-43,000 to RM-1200) Hayor Bay announced that a quorum is not anticipated on Tuesday, October 18, 1988, due to League of California Cities Annual Conference. ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Hunter seconded the motion. HOTION CARRIED. (6:06 p.m.) LEONORA N. SOHL, CITY CLERK 989