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1988/11/08City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 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: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:30 a.m. on November 4, 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, 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. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:35 p.m.) INVOCATION; Mrs. Kerry Moharebi, Spiritual Assembly of Baha'i of Anaheim gave the invocation. FLAG SALUTE: Councilman Irv Pickler 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 are introduced and after their names are 1031 City Hall, Anaheim, California COUNCIL MINUTES - November 8, 1988, 1:30 P.M. announced, are asked to stand and remain standing until all have been introduced. A the conclusion of announcing the names of the new employees, they were welcomed by the City Council. 119: PROCLAMATION: The following proclamation was issued by Mayor Bay and authorized by the City Council: Orange County Center for Health Day in Anaheim, November 13, 1988, Reverend Don Dexter and Marcia Vickery accepted the Orange County Center for Health Day proclamation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held Cc~tcm~_cr_2O, ID~i Councilman Hunter seconded the motion. MOTION CARRIED. ~.ro,e~ ",'?f~~.~~/~ FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,933,925.75, 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 City Manager. (Resolution Nos. 88R-398 and 88R-399 for adoption and Ordinance No. 4970 for adoption) Councilman Bay moved to waive the reading in full of the resolutions and ordinance. Councilman Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-398 and 88R-399 for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4970 for adoption. Refer to Ordinance Book. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Everett Cowser for property damage sustained purportedly due to actions of the City on or about September 4, 1988. b. Claim submitted by Tai-Yun Yen for property damage sustained purportedly due to actions of the City on or about September 20, 1988. c. Claim submitted by Ron & Vicki Dodds for property damage sustained purportedly due to actions of the City on or about September 19, 1988. A2. 105: Receiving and filing minutes of the Parks, Recreation and Community Services Department meeting held September 28, 1988. 1032 City Hall, Anaheim, California - COUNCIL MINUTES November 8, 1988, 1;30 P.M. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held September 28, 1988. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held October 19, 1988. 109: Receiving and filing correspondence from California Department of Commerce regarding California Small Business Development Center Program. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis report-dated October 10, 1988. A3. 123: Approving the terms and conditions of the Eleventh Agreement with the Orange County Fair Housing Council, for training services and literature at cost of $54,500 for one year; and authorizing the Mayor and the City Clerk to execute said agreement on behalf of the City. A4. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order, without competitive bidding, to Honeywell Inc., in an amount not to exceed $47,000 for upgrade equipment/installation to the existing Energy Management System at the Convention Center, Civic Center and Police Facility. A5. 153: Approving the appointment of David M. Morgan to the position of Human Resources Director, effective October 28, 1988. A6. 114/179: Approving the proposed amendment to Council Policy No. 529 regarding the use and placement of trailers as temporary office or storage space during construction and remodeling projects in residential, commercial and industrial zones. A7, 103; RESOLUTION NO, 88R-398: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR, AND AGREEING TO THE EXCHANGE OF PROPERTY TAXES IN CONJUNCTION WITH, THE REORGANIZATION OF CERTAIN TERRITORY FORMING THE COMMON SPHERE OF INFLUENCE AND BOUNDARY LINES BETWEEN THE CITY OF ANAHEIM AND THE CITY OF BUENA PARK DESIGNATED AS ORANGE COUNTY MI/NICIPAL REORGANIZATION NO. 114. AS. 123: Authorizing the Parks, Recreation and Community Services Director to sign a photo§raphic release from Gerard Hameline Productions, Inc., for a Kentucky Fried Chicken commercial filmed at Brookhurst Park. A9. 155/150: Approving a Negative Declaration pursuant to CEQA, for the development of an athletic field, a children's play equipment area, picnic facilities, parking facilities, security lighting and landscaping (a 5.5 acre undeveloped area of Boysen Park) and improvements to the developed area of Boysen Park. Al0. 155/150: Approving a Negative Declaration pursuant to CEQA, for trail improvements (grading, installing trail fencing and providing interpretive signage) around the perimeter of Pelanconi Park. 1033 City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1:30 P.M. All. 175: Approving a Notice of Completion of the construction of Large Meter and Fireltne Assemblies by Spear Pipeline Construction, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. Al2. 165: Approving a Notice of Completion of the construction of Velare Street and Conley Avenue Sidewalk Improvements by B-1 Enterprise Corporation, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. Al3. 123: Approving the renewal of Lease and Rental Rate Adjustment ($1.38 per square foot) with Willdan and Associates, for the Field Engineering office located at 290 South Anaheim Boulevard. Al4. 156: Awarding a contract to the lowest and best responsible bidder, Whiting-Turner Contracting, in the amount of $12,545,000 for Police Department Expansion and Renovation. Al5, 152: RESOLUTION NO. 88R-399~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING PERSONS TO ACT FOR THE CITY OF ANAHEIM IN CONNECTION WITH SMALL CLAIMS ACTION, AND SUPERSEDING RESOLUTION NO. 86R-569. Al6. 170/123: Approving the Final Map of Tract No. 12996 and the Subdivision Agreement with the developer, Woodcrest Development, engineering being provided by Hunsaker & Associates, Inc. Tract No. 12996 is located southerly of the existing terminus of Weir Canyon Road. (This item was continued one week as requested by staff). Al7, 185/000; ORDINANCE NO. 4970 (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.30.070 OF CHAPTER 17.30 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT FEES. Roll Call Vote on Resolution Nos. 88R-398 and 88R-399: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBER~: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-398 and 88R-399 duly passed and adopted. Roll Call Vote on Ordinance No. 4970: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MF2L%ERS: COUNCIL M~IBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4970 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 105: APPOINTMENT TO THE PUBLIC UTILITIES BOARD: To fill an unscheduled vacancy on the Public Utilities Board for the term ending June 30, 1990. 1034 City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1;30 P.M. Mayor Bay nominated Wilfred Lirette; Councilwoman Kaywood nominated Carolyn Bryant; Councilman Pickler nominated Robert Schmahl; Councilman Ehrle nominated Karen Takacs. Councilman Hunter moved to close nominations. Councilman Bay seconded the motion. MOTION CARRIED. The nominees were then voted on in the order in which they were nominated. Wilfred Ltrette: AYES: COUNCIL MEMBERS: Hunter and Bay NOES: COUNCIL MEMBERS: Pickler ABSTAINED: COUNCIL MEMBERS: Ehrle and Kaywood ABSENT: COUNCIL MEMBERS: None Carolyn Bryant: AYES: COUNCIL MEMBERS: Kaywood NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay ABSENT: COUNCIL MEMBERS: None Robert Schmahl: AYES: COUNCIL MEMBERS: Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Ehrle and Hunter ABSENT: COUNCIL MEMBERS: None Karen Takacs: AYES: COUNCIL MEMBERS: Ehrle NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None Councilman Pickler moved to cast a unanimous ballot for Robert Schmahl. Councilman Ehrle seconded the motion. MOTION CARRIED. Mr. Robert Schmahl was thereupon unanimously appointed to fill the unscheduled vacancy on the Public Utilities Board for the term ending June 30, 1990. 105: APPOINTMENTS TO THE YOUTH COMMISSION AND RECOMMENDATION FROM THE COMMISSION CONCERNING RESIGNATIONS; Recommendation from the Youth Commission concerning the resignations of Chairperson Christi Le Narz, and Commissioners Elizabeth Rogers and Rebecca Boyts; and the termination of Commissioners Jason Orris and Peter Campellone. This matter was continued from the meeting of October 25, 1988, to this date. Councilman Bay moved to accept the resignations of Christi Le Narz and Commissioners Elizabeth Rogers and Rebecca Boyts from the Youth Commission and 1035 City Hall, Anaheim, California COUNCIL MINUTES - November 8, 1988, 1:30 P.M. that a letter of thanks be sent to each for their service on the Commission. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Bay moved to authorize the termination of the terms of Jason Orris and Peter Campellone from the Youth Commission. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman Kaywood nominated the following for appointment to the Youth Commission to fill the unexpired terms on the Youth Commission left vacant by resignations and terminations (Le Narz, Rogers, Boyts, Orvis and Gampellone respectively): Jody DeBest, Western High School; Vena Adina Jordan, Katella High School; John Moselina, Anaheim High School; Delia Sanchez, Anaheim High School; Marion Valero, Magnolia High School, and that the alternates be Manual Ontiveros, Savanna High School; Dana Swier, Anaheim High School; Thoy Vlng Yann, Savanna High School, and (3) that the other 11 applicants who applied for the Youth Commission be invited to participate in the Annual Youth in Government Day to be held in February as well as other committees. Councilman Ehrle seconded the nominations. Councilman Bay moved to close nominations. Councilman Pickler seconded the motions. MOTION CARRIED. The above named Commissioners and Alternates were thereby unanimously appointed to the Anaheim Youth Commission. Councilwoman Kaywood moved that the remaining 11 applicants who expressed interest in serving on the Commission be invited to participate in Youth in Government Day as well as other committees. Councilman Bay seconded the motion. MOTION CARRIED. ITEMS OF PUBLIC INTEREST' No items of public interest were addressed. WAIVER OF READING - ORDINANCE; The title of the following ordinance was read by the City Clerk. (Ordinance No. 4971) Councilman Bay moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. 185: ORDINANCE NO, 4971 (ADOPTION): Approving an Amended and Restated Development Agreement with Baldwin Building Company; finding that the provisions of said agreement are consistent with the General Plan of the City of Anaheim; and authorizing the Mayor and City Clerk to execute said agreement for and on behalf of the City. Councilman Bay offered Ordinance No. 4971 for adoption. Refer to Ordinance Book. ORDINANCE NO, 4971; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE 1036 City Hall. Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1;30 P.M. CITY OF ANAHEIM AND BALDWIN BUILDING COMPANY, (ii) FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PLaN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4971 duly passed and adopted. 179: ORDINANCES NOS 4972 AND 4973 (INTRODUCTION): Councilman Pickler offered Ordinance Nos. 4972 and 4973 for introduction. ORDINANG~ NO, 4972; 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. 87-88-23 located at 1011 West La Palma Avenue, from RS-A-43,000 to CL) ORDINANCE NO, 4973: 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. 87-88-34 located at 111 and 115 South Harding Avenue, from RS-7200 to RM-2400) 185/128/155; DISCUSSION - MELLO-ROOS FINANCING; Mayor Bay. In thinking about the Council discussion of November 1, 1988 on the subject he is very concerned over the possibility of a heavy new tax burden being laid on new people moving into the East Hills area of the City that is not necessary. He feels so strongly about the issue and has so little time left on the Council, he is prompted to make the following motion. Councilman Bay moved to accelerate the discussion of City policy on the Mello-Roos implementation in Anaheim Hills on current developments to the Council meeting of November 15, 1988 instead of November 29, 1988 as voted on last week. Councilwoman Kaywood seconded the motion. Before a vote was taken, Mayor Bay stated his motion is to assure his involvement in such a major decision since he understands the background of the plans and agreements that were made on the developments as well as having sat through all the hearings that have taken place. To lay that on a new Council Member on November 29, 1988 he believes would delay the matter another 30 days. By that time, they are going to be into the scheduled flow of the construction of homes. A delay could delay the development. He does not believe that there is that much information to absorb between now and next week. Councilman Ehrle. He is speaking against the motion. There was an understanding they would be meeting with the consultants. Those meetings are going to be set up with staff members participating as well. As far as the Mayor having input, he would hope that even after he (Bay) leaves Office, he 1037 City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1;30 P.M. will come before the Council to offer his wisdom and advice. A workshop is scheduled for November 17, 1988 in Covtna where some Council Members and staff will be involved. He plans to get as much information as possible before he makes a decision. He still stands on his motion request of last week that there be a 30-day continuance. Councilman Pickler. He has no problems in discussing the matter a week from today. Even if a decision is not made, at that time it will be an opportunity to have more information and also enable Mayor Bay to give additional input. City Attorney, Jack White. He asked for clarification if the Council also wished to have the City's consultants present to address any technical questions. If so, arrangements will have to be made since they will have to come down from San Francisco. Mayor Bay. He feels that any Council Member can read the 2-page description on Mello-Roos and understand it in 5 minutes. It is the backup to make up for losses of property tax on new development caused by Proposition 13. It is being used throughout the state now in special cases. The issue of understanding Mello-Roos is not the issue - the issue is to look at what they are talking about on the implementation of Mello-Roos how they are going to use it in the City, and who is going to pay for infrastructure in Anaheim Hills developments, the developer who agreed to do so, or will it be dumped on the backs of the taxpayers. Council Members Bay and Pickler felt that the consultants should be at the meeting. City Manager Bob Simpson. He is certain that the consultants can be present. He reminded the Council that they cannot enter into discussions about whether or not they are going to do a Mello-Roos; Mayor Bay agreed that is not as key as how much are they going to bond for and who is going to make those bond payments. City Attorney White. The Council can make a policy determination whether or not they wish to proceed with staff's effort in bringing to the Council the public hearing on Mello-Roos. They cannot commit to creating a district or determine the amount they are going to charge, but can give staff direction to either stop the process or continue the process. He wants to make it clear that next week they will not be able to commit to Mello-Roos. A vote was then taken on the motion to discuss City policy regarding the utilization of Mello-Roos financing in Anaheim Hills at the Council meeting of November 15, 1988 and carried by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler and Bay Ehrle and Hunter None RECESS; By general consent the Council recessed to the start of public hearings. (2:19 p.m.) 1038 City Hall. Anaheim, California - COUNCIL MINUTES November 8, 1988, 1:30 P.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:04 p.m.) 179; CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3011 AND NEGATIVE DECLARATION; APPLICANT: OWNERS: Madhubala Rameshbhai Patel and Romesh Narottambhai Patel, et al 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. PLANNING COMMISSION 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 Commission under Resolution No. PC88-252; approved EIR Negative Declaration. HEARING SET ON: A letter of appeal was filed by Peter C. Wittlin, attorney on behalf of Ray & Mona Patel. This matter was continued from the meeting of October 11, 1988, to this date. (See minutes that date) PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 29, 1988. Posting of property September 30, 1988. Mailing to property owners within 300 feet September 29, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 29, 1988. Peter Wittlin, attorney representing the Patels. The Planning Commission suggested that an amendment be drafted to the ordinance covering development fees and infrastructure funding shortfall such that now the interim and shortfall fees only be imposed on increase of square footage. He has been informed that ordinance has been adopted. If so, and the Council decides to impose fees on the increase of square footage, they have no opposition. City Attorney White. Council has today adopted Ordinance No. 4970 which provides that the fees will be based only on the additional square footage of areas constructed or reconstructed. That ordinance would apply to both of the fees mentioned in Condition Nos. 12 and 18 of the permit application. If Council approves it with the conditions as worded, fees will only be imposed upon the additional square footage area to be constructed. He confirmed for the Mayor that the resolution, if adopted, will then automatically fall under the changed ordinance. 1039 248 City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1:30 P.M. Mayor Bay asked if anyone wished to speak either in favor or in opposition; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 88R-400) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-400 for adoption granting Conditional Use Permit No. 3011 and that the newly adopted Ordinance No. 4970 will apply to this CUP with the fees to be paid only on additional square footage. Refer to Resolution Book. RESOLUTION NO, 88R-400; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3011. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-400 duly passed and adopted. 179: PUBLIC HEARING VARIANCE NO. 3842 AND NEGATIVE DECLARATION: APPLICANT: OWNER: L & J Anaheim Associates 1050 N. Western Ave., San Pedro, CA 90732 LOCATION/REQUEST: The property is located at 1221 South Harbor Boulevard (Travelodge Hotel). The request is to waive minimum number of parking spaces to expand an existing ~60-room hotel with the addition of 76 guest rooms and 5,000 square feet of meeting/conference room area. PLANNING COMMISSION ACTION: Variance No. 3842 was granted by the Planning Commission under Resolution No. PC88-273; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilwoman Kaywood at the meeting of October 11, 1988 and public hearing scheduled this date. 1040 g45 City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 27, 1988. Posting of property October 28, 1988. Mailing to property owners within 300 feet October 28, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 26, 1988. Mr. Larry Jett, owner of the property was present. COUNCIL CONCERNS: Councilwoman Kaywood. She met with Mr. Jett and discussed parking spaces and feels he answered all her concerns and questions. The only item is tandem parking as listed in the staff report which had not been discussed. She asked Mr. Jett if tandem parking would be for employees and valet parked cars only. Larry Jett. His property is an overnight place for people going to Disneyland and not a convention property with a large convention facility that requires parking use for people who are not staying at the property. Part of the request is to add a 5,000 square foot meeting room. They had a parking study done by Lin Scott, Law and Greenspan, which was part of the presentation to the Planning Commission and reviewed and approved by Paul Singer, the City's Traffic Engineer. In the study they are providing 35 tandem parking spaces. It is the intent to use those spaces only at the time when the property is completely full when there is a meeting function. When meeting room facilities are to be used, they will know 3 to 7 weeks in advance. They can then either request that their employees park in a tandem area under the overcrossing that Ball Road is going to create and use valet parking. Councilwoman Kaywood. She asked if it should happen that within 2 years there is overflow parking, is there a way they could add parking or a parking structure. Larry Jett. There is an area where Harbor Boulevard and the Santa Aha Freeway come together consisting of about one acre of property. If they had to add structure parking, that would be an area where they could do so. PUBLIC DISCUSSION: Mrs. Aripez, 1239 South Palm. She is present to speak for a Mr. and Mrs. Hoyle Vazquez at 1231 South Palm who received the notice of the public hearing. The Vazquez family does not wish to be moved from their property and want to let the Council know. 1041 246 City Hall, Anaheim, California - COUNCIL MINUTES - November 8. 1988. 1;30 P.M. Annika Santalahti, Zoning Administrator. The Vazquez residence is within the public hearing notification area but the action before the Council has no impact on that property at all. It has totally to do with the Travel Lodge Hotel. She confirmed there is nothing east of Harbor Boulevard involved. Debbte Fank, Associate Traffic Engineer. She clarified that the Caltrans ramp is going to the west of the existing one. Ail work is on the west side of Harbor Boulevard and Ball Road. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-401) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-401 for adoption, granting Variance No. 3842 subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 88R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3842. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-401 duly passed and adopted. 179; PUBLIC HEARING - RECLASSIFICATION NO. 88-89-09, VARIANCE NO, 3834 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Newport Pacific Realty and Investment 4000 MacArthur Boulevard., #680, Newport Beach, CA 92660 1042 243 City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1;30 P.M. LOCATION/REQUEST: The property is located at 2011 and 2017 West Ball Road. The request is for a change in zone from RS-A-43,000 to RM-1200 or a less intense zone, and to construct a 3-story, 22-unit apartment complex with waiver of maximum structural height. PLANNING COMMISSION ACTION: Reclassification No. 88-89-09 was approved by the Planning Commission under Resolution No. PC88-235; Variance No. 3834 was granted by the Planning Commission under Resolution No. PC88-236; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Bay at the meeting of September 20, 1988 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 27, 1988. Posting of property October 28, 1988. Mailing to property owners within 300 feet - October 28, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 29, 1988. APPLICANT'S STATEMENT: A1 Marshal, Newport Pacific Realty and Investment, Newport Beach. The project was first presented to the Planning Commission some time ago. There were meetings with the neighbors at various stages. The final result is the plan being proposed today. They have removed all factors that affect the neighbors and have moved the project to the far west side of the property. The project is now 22 units with all ongrade parking. It is a good, clean project which has sensitivity to the neighbors. The project affects only 2-1/2 lots on the east side of the property which are the only single family residents which they adjoin. Ball Road fronts the project and there is a parking lot on the west and north side. He also explained minor revisions made to the project since Planning Commission approval which revisions were shown to the Zoning Administrator last week - one involved the slight shifting of the bachelor unit and the other converted the eight 2-bedroom with loft units to 3-bedrooms. Annika Santalahti, Zoning Administrator, clarified for Councilwoman Kaywood that since the units were still under 1,200 square feet, 2.5 parking spaces are permitted. The loft was really a bedroom. Councilwoman Kaywood. She is concerned they are going to be creating a parking shortage doing that since it is the number of bedrooms and not the size. She is also concerned with the 40 tandem spaces which she does not believe works other than in a private home. 1043 City Hall, Anaheim, California - COUNCIL MINUTES - November 8. 1988. 1;30 P.M. A1 Marshal. They assigned the tandem parking spaces and put it in the lease agreements that they are to park in their assigned spaces only. Their management controls are very tight. Mayor Bay. He asked if there is a 20-foot landscaped open area all along the eastern border as the plan shows which buffers the development from the single-family residences, and how close the nearest building is to the structure. Mr. Marshal confirmed that there is a 20-foot landscaped buffer and that their nearest building - 1-story is at 146 feet and the nearest 2-story is at 150 feet. Magdy Hanna, Newport Pacific, 4400 MacArthur Boulevard, Newport Beach. The project was reduced from 34 units to 28 and then to 22. They have made a compromise and great improvement in the plan. Constructing condominiums or single-family homes facing Ball Road is not practical. If they build single-family homes or condominiums, they could not limit occupancy. With the proposed project, they are limiting the occupancy to 2 people over the age of 3 per unit. Each bedroom will have no more than 2 people. The density is not that great and there is only one unit 150 feet away from any single-family home. The property is reclassified under RM-1200. He had to close Escrow on the property based on the RM-1200. He is trying to recover his losses because it is based on RM-1200 at 28 units and now it is down to 22 units. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Don Heiker, 939 South Agate. The developers have done a lot but the resident's main concern is and has always been the precedent the development will set in the community. It affects not only the 2 and 1/2 lots bordering it but also the whole neighborhood. It has an effect on surrounding property values. The developer emphasizes their strong management but the property as it stands now is littered with trash and used by hot rodders with 4-wheel drives and motorcycles, and does not reflect good management. They have invested in their homes as much as the developer in his project. The residents are again present today as they have been at the many Planning Commission and previous Council meetings because they are opposed to the density of the project. The issue is not with Ball Road but with the neighborhood. It touches the lives of everybody in the neighborhood - one of single-family homes in low density garden 1044 City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1;30 P,M, apartments. If the property is rezoned to RM-1200, they will be reversing the precedent set when the Council rezoned the adjacent property to RM-2400. If zoned RM-1200, the neighbors will be present again when the property between Nutwood and Agate is developed. They have been fighting the project in one form or another since August of 1987. Phil O'Donnell, 923 South Agate. Local Real Estate people feel that property value will decrease 10% to 15% if the apartment complex is approved. People do not want to have children playing in the street. They do not want traffic and people moving in and out. With a 3-story apartment if there are parties, those residents will throw things onto other people's property. They do not need those kinds of things in their family-type residential area. Hubert A. Gonzalez, 948 Emerald. If this project is approved, he knows he will have a 3-story apartment next to his house which will be built on the one acre parcel at Nutwood and Agate. He has lived there for 25 years and has been happy with his area. Bill Swanson, 907 South Emerald. There will be a problem with traffic. They are not against progress as long as it is a small project. He does not see any problem with the condominiums, but 3-story buildings are out of the question. Tan Tran, 955 South Agate. Her property is to the west of the subject property. Mr. Heiker expressed most of the neighbor's concerns. The developer has purchased the property to make a profit and will subsequently leave the property. The residents have been living there for 20 to 30 years and will be the ones to suffer. They do not want the property zoned RM-1200 or 3-story buildings. It will be an intrusion. She asked that they rezone the property to RM-2400 So that the neighbors do not have to come and bother the Council all the time. SUMMATION BY APPLICANT: A1 Marshal. He answered or countered the concerns raised by the neighbors. He also pointed out that the one acre parcel at Nutwood and Agate is right in the hear~ of the single-family residences and he does not see that being rezoned to anything but single-family. The subject property is off on its own and not in their neighborhood. When they purchased the property, the General Plan discussion was RM-1200 and they purchased it under RM-1200 and are asking that it stay and be reclassified RM-1200. The property at present is difficult to control but as an apartment project, that will not be the case. The project is only 22 units and not a major complex overwhelming the 1045 Z4Z City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1;30 P.M. neighborhood. They are 150 feet from the nearest single family residence. The building height is 34 feet just as some homes in the area. The neighbors have disagreed consistently with the project even after changes have been made because it is apartments. They have tried to minimize all concerns by moving the project as far away from single-family homes as possible. Covenants placed on the property go with the property so those issues will not change. They try to keep as many of their properties as they can for 5 to 7 years. COUNCIL ACTION: Mayor Bay closed the public hearing. Mayor Bay. Some time ago the Council made it clear that they wanted to encourage ownership in multifamily developments in the City. There are some areas where that is not practical or feasible. He voted against apartments on the subject property when it came before the Council previously. The new design is a reduction to 22 units and RM-1200 is the only zoning in the City where they can truly control the number of occupants by rules placed on the development and the commitments by the developer. RM-1200 does more to control density than any other zoning. The only variance to Code in the General Plan is 3-stories, the reason being the design was changed to make the impacts to the three adjoining Rl-lots the least it could be. They are also 150 feet away. There could be a great deal more effect and impact on the neighborhood if the whole development was commercial. He is of the opinion that the project at this time as it has been changed and units reduced will not create the impacts feared. He does not feel that they could do less with the property but they could do a lot worse. He can support the project as it is changed. ENVIRONMENTAL IMPACT REPORT - 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 si~nifican~ effect on the environment. MOTION G~RI{IED. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 88R-402 and 88R-403) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution Nos. 88R-402 and 88R-403 for adoption. Refer to Resolution Book. 1046 239 City Hall, Anaheim, California - COUNCIL MINUTES - November 8, 1988, 1:30 P.M. RESOLUTION NO, 88R-402; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO, 88R-403: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3834. Before action was taken, Councilwoman Kaywood stated she is concerned with the developer who states he has already closed Escrow on a property which is not an excuse to ask for special treatment. The project was at the Planning Commission and Council several times and there were recommendations that it be RM-2400. She agrees with that zoning; she does not agree with homeownership facing Ball Road because such a project would not sell. The low garden apartments in the area have been good projects. They have been maintained very well, are very attractive and it is not even obvious that they are apartments. Councilman Ehrle. He agrees with the Mayor. There are commercial developments that would impact the area more than the subject project. A quality apartment project where the number of occupants can be controlled is a good use of the land. It is not the right place for a single family or a condominium project. Mayor Bay. If it was not 150 feet from RS-7200, he could not support the project. With regard to the other lot immediately to the east, there is no way that 2-story apartments could be built there since it is surrounded on three sides by R-1 single-family homes. The residents' worries about apartments being developed there are unwarranted. That lot in his opinion should be R-1 developed facing on Emerald Street. A vote was then taken on the foregoing Resolution Nos. 88R-402 and 88R-403: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay Kaywood None The Mayor declared Resolution Nos. 88R-402 and 88R-403 duly passed and adopted. ADJOURNMENT: Councilman Bay moved to adjourn. motion. MOTION CARRIED. (4:05 p.m.) Councilman Hunter seconded the LEONORA N. SOHL, CITY CLERK 1047