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1988/11/29City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 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 TRAFFIC ENGINEER: Paul Singer A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 9:30 a.m. on November 23, 1988 at the Civic Center kiosk, containing all 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. (1:35 p.m.) INVOCATION: Reverend Kundan Peter, West Anaheim Methodist Church, gave the invocation. FLAG SALUTE; Gouncilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 127: RESULTS OF NOVEMBER 8, 1988 ELECTION: City Clerk, Leonora N. Sohl. She announced that as a result of the November 8, 1988 General Municipal Election, the Registrar Of Voters, having certified the results of the election, shows that Fred Munter was elected Mayor of the City of Anaheim and William D. Ehrle and Tom Daly elected Counilmen. Councilman Bay thereupon offered Resolution No. 88R-410 for adoption, adopting the canvass from the Orange County Registrar of Voters declaring the results of the November 8, 1988 election for the positions of Mayor and two Council members. Refer to Resolution Book. RESOLUTION NO. 88R-410: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1988, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. 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-410 duly passed and adopted. Mayor Ben Bay then passed the Mayoral gavel to newly-elected Mayor, Fred Hunter and in doing so gave some brief comments. City Clerk Sohl then administered the Oath of Office to Mayor Fred Hunter, and Council Members William D. Ehrle and Tom Daly. 1075 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1:30 P.M. Mayor Hunter introduced guests who were present in the Chamber audience and proceeded to open the floor for presentations honoring outgoing Mayor Bay. Supervisor Don Roth, Supervisor of the Fourth District of Orange County, first read and then presented a resolution to Mr. Bay from the Board of Supervisors, commending him for his service to not only the Anaheim community, but also for his valuable service, leadership and input on those agencies having 'county-wide impact. Mayor Fred Hunter then read and presented a plaque to Mr. Bay from the Governor of the State of California, George Deukmejtan, honoring him for his community service followed by a plaque from the White House signed by President Ronald Reagan, also acknowledging Mr. Bay's service and congratulating him upon his retirement as Mayor of the City of Anaheim. Mayor Pro Tem Irv Pickler then made additional presentations to Mr. Bay followed by parting comments from the City's outgoing Mayor, having served from 1986 to 1988 and as a Councilman since 1979. Councilman William D. Ehrle then introduced his wife, Julte, and other family members who were present. He expressed how pleased he was to have been elected to a full four-year term, thanked those who were instrumental in his successful election bid, and pledged to do his very best in serving the City of Anaheim. Councilman Tom Daly also introduced his wife and family members and thanked the voters of Anaheim for the confidence and faith placed in him. He especially thanked his wife Debra, who was his day-to-day Campaign Coordinator. He stated that no City in Orange County has more assets and resources than Anaheim and his goal is to preserve those and to build upon them. Mayor Fred Hunter introduced his wife Jeannie and his family. The City is now part of his extended family. It is necessary that the Council put aside any differences and that they work together to move the City forward. They are serving to make Anaheim the City that it ought to be but also to maintain a quality of life in the work place and in their neighborhoods. It is also important to have unity and communication, two skills that he plans to work and hone to the best of his ability with his fellow Council Members and the community. RECESS; By general consent, the Council recessed for a short reception and refreshments and invited participation by all those present in the Chamber audience. (2:10 p.m.) AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members being present. (2:45 p.m.) PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: 1076 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1:30 P.M. Youth Appreciation Week in Anaheim, December 4-10, 1988, Anaheim Board of Realtors Cantree Week in Anaheim, December 12-18, 1988. Gladys Wallace and Glen Hilliard accepted the Cantree Week proclamation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held October 25, November 1 and November 8, 1988. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,938,397.68 for the period ending November 18, 1988 and $1,430,863.65 for the period ending November 23, 1988, 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-411 and 88R-412 for adoption and Ordinance No. 4974 for adoption) Councilwoman Kaywood moved to waive the reading in full of the resolutions and ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 88R-411 and 88R-412 for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4974 for adoption. Refer to Ordinance Book. Al. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held October 13, 1988. 105: Receiving and filing minutes of the Community Services Board meeting held October 13, 1988. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held November 2, 1988. 107: Receiving and filing the Building Division Statistical Report ending October 31, 1988. 114: Receiving and filing Resolution No. 88-118 from the City of Tustin, which recommends that the Orange County Transportation Commission schedule their regular meetings in the evening. A2. 158: Authorizing a payment in the amount of $2,365.92 to the owner, Tamotsu Ora, for the cost of replacing the sign located at 920 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project 3500-71. A3. 101.123: Approving a Notice of Completion of the construction of the Color Video System at Anaheim Stadium by Sony Corporation of America, and 1077 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A4. 160: Accepting the low bid of Westinghouse Supply Company, in the amount of $48,173.18 for 1,728 single phase meters (for Utilities-Electric) in accordance with bid #4629 as publicly advertised. A5. 160: Accepting the low bid of McAvoy & Markham Engineering Company, in the amount of $48,417.41 for 720 network meters (for Utilities-Electric) in accordance with bid #4628 as publicly advertised. A6. 160/123: Accepting the low bid of Sylvania Lighting Services Corporation, in the amount of $81,408 for relamping and related services at the main library and four branch libraries in accordance with bid #4637 as publicly advertised; and approving a four year agreement with Sylvania Lighting Services Corporation to commence January 1, 1989. A7. 123: Approving an agreement with Anaheim East Rotary Club for the construction of certain improvements in the Tri-Canyon parcel to be donated to the City by the Anaheim East Rotary Club. Such improvements include clean-up within the Tri-Canyon parcel, construction of an outdoor amphitheatre for 80-100 students, and connection of a loop hiking trail. AS, 109/150; RESOLUTION NO. 88R-411: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE TRAIL GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988. (Funding requests for three trail projects Oak Canyon Nature Center Trail Improvements, Pelanconi Park Trail Improvements, and Sycamore Park Trail Head Restroom Development) A9, 109/150; RESOLUTION NO, 88R-412; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988. (Funding requests for four projects General development of the 5.5 undeveloped area of Boysen Park, new play area improvements at Twila Reid, La Palma, Stoddard and Boysen Parks, new security lighting improvements at Brookhurst Boysen, Stoddard and Sage Parks, and irrigation system rehabilitation improvements at Maxwell, Pearson and Brookhurst Parks) Al0. 123: Approving a First Amendment to the Agreement with Don Poff, golf pro, to clarify provisions of the original agreement regarding administration of the fees due Pro for operation and staffing of the City driving range. All. 128: Receiving and filing the comprehensive annual financial report presented by the Director of Finance for the year ended June 30, 1988. Al2. 106/129: Approving carryover expenditure and revenue appropriations in the amount of $39,177.89 (account no. 01-202-4180 and account no. 01-3172) for the re-establishment of CAMEO (Computer-Aided Management of Emergency Operations) which is a state regulated program that enables firefighters immediate access to all applicable business information in case of emergency. 1078 City Hall, Anaheim, California - COUNCIL MINUTES November 29, 1988, 1:30 P.M. Al3. 106/155: Approving the amendment of the Planning Department budget to add one position of Junior Plan Checker to the Building Division. The additional position is necessary due to the increased workload generated by new development. Councilman Ehrle. He met with the Zoning Administrator, Annika Santalahti this week and it has come to his attention that there is a backlog in plan checks and other areas due to the tremendous amount of building in process in the City as well as the potential building out in the Anaheim Hills area. He asked if adding one position of Junior Plan Checker to the Building Division is enough to solve the problem. Joel Fick, Planning Director. At present, depending on the project, the Department is operating on a 6 to 8-week backlog on Building permits. Last year was the single biggest permit year in City history and this year they are exceeding what was done last year. Staff has instituted a number of different cost savings and productivity steps and believes the addition of the Junior Plan Checker will put them back in the realm of a 4 to 6-week lead time which is their goal. If that is not the case, he will be talking to the City Manager and subsequently the City Council. He clarified that he feels the requested addition will be sufficient at this time. Revenues for the position will be fully funded by the increased work load and permit revenues. Al4. 123: Approving the Sixth Amendment to the Agreement with E. Del Smith & Company, Inc., at the same hourly rate of $70 to extend the term of the agreement from July 1, 1988, to June 30, 1989, for representation services regarding federal legislation issues in Washington. Al5. 175/123: Waiving Council Policy 401 and approving an agreement with Spiegel & McDiarmid at an estimated cost of $84,000 to perform environmental compliance work for the Public Utilities Department as recommended by the Public Utilities Board, and authorizing the Mayor to execute said agreement, employing Spiegel & McDiarmid without competitive bidding. Public Utilities General Manager, Gordon Hoyt, answered questions posed by Mayor Hunter regarding the proposed agreement and why it is recommended without competitive bidding. In summation, Mr. Hoyt reported that the firm, having done such work for Utilities in the past, is the best qualified to come in in the shortest period of time to do the things necessary and required to be done for environmental compliance. 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. (Continued from the meetings of October 25, 1988, Item AT, November 1, 1988, Item A9, November 8, 1988, Item Al6, and November 15, 1988, Item Al2.) This item was removed from the agenda by staff until such time as bonding requirements are met. 1079 City Hall, Anaheim, California COUNCIL MINUTES - November 29, 1988, 1;30 P.M. Al7, ~23/%42; ORDINANCE NO. 4974 - {ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. (Authorizing an amendment to the contract with the Board of Administrators of the California Public Employees' Retirement System for benefit enhancements to local firefighters hired on or after February 10, 1984) Roll Call Vote on Resolution Nos. 88R-411 and 88R-412: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 88R-411 and 88R-412 duly passed and adopted. Roll Call Vote on Ordinance No. 4974: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance No. 4974 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 153; APPOINTMENTS TO THE ANAHEIM PRIVATE INDUSTRY COUNCIL (PIC~: Approving the appointments to the Anaheim Private Industry Council (PIG), twelve members from the private sector and six from the public sector, and authorizing the submittal of the application to the State for PIC certification before the December 5, 1988 deadline. Submitted was memorandum dated November 29, 1988 from Marge Prichard, Job Training Program Manager, recommending the subject appointments, attached to which was Chart A which contained a listing from the Anaheim Chamber of Commerce, recommending candidates for the private sector category requirements for the Anaheim PIG and Chart B, a listing of names submitted to fill the public sector category requirements for the Anaheim PIG (revised lists). MOTION; Councilwoman Kaywood moved (1) to reappoint the existing present members on the PIC from the private sector - Mel Miller, Robert Kuznik, Fred Bercher and Floyd Farano. (2) To appoint the following eight people from the private sector, as recommended by the Chamber of Commerce - Ray Torres, Allen Bridgeford, Bob Cashman, Ron Harding, Dick Steffy, Peter Ganahl, David Btnnon and Don Mitchell. Before any further action was taken, Councilwoman Kaywood stated that there is no guarantee that the state will recognize that Anaheim can have its own Private Industry Council and thus it could be an exercise in futility. Part of the foregoing motion is that the Council authorize the submittal of the application for PIG certification before the December 5, 1988 deadline. 1080 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1:30 P.M. Marge Pritchard, Job Training Program Manager. Anaheim is now an applicant for SDA designation. The Governor will make his decision early next week. To stay within the guidelines, it is necessary to have the PIC appointed and certified by the state. One of the concerns Councilwoman Kaywood has expressed, there are eight names before the Council for the public sector. The Act states that there are six representative agencies that must be represented; however, there are three educational names before the Council. It is not inappropriate to have more than six as long as there are six. Additional names were submitted. Therefore, there are three nominees from the educational representatives. Councilwoman Kaywood thereupon added to her motion the following appointees from agencies that must be represented which includes three representatives from the educational agencies category: Organized Labor - Central Labor Council AFL/CIO - Robert Nelson; Public Employment Service Anaheim Employment Development Department - Jesus Vasquez; Rehabilitation Agency Department of Rehabilitation, Anaheim District - Milton Pentecost; Community Based Organization - United Way of Orange County - Sidney Hampton; Social Services Orange County Department of Social Services - Larry Leaman; Educational Agencies North Orange County Community College District - Dr. Lyndon Taylor; Anaheim Union High School District - Dr. J. Fulton Fischer; North Orange County Regional Occupational Program - Patricia Langlin. Councilman Pickler seconded the foregoing motion. MOTION CARRIED UNANIMOUSLY. 105: RESIGNATION FROM COMMUNITY SERVICES BOARD: Councilwoman Kaywood moved to accept the resignation of Wil Lirette from the Community Services Board (term expires June 30, 1989), and directing the City Clerk to post a notice of an unscheduled vacancy on the Community Services Board. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood asked that a letter of thanks be sent to Mr. Llrette for his service on the Board; Mayor Hunter clarified that the reason Mr. Lirette is leaving the Community Services Board is due to his acceptance of his appointment to a seat on the City's Economic Development Board. 147: APPOINTMENT TO THE ORANGE COUNTY SANITATION DISTRICT: Councilman Hunter nominated Councilman Irv Pickler to ~erve ag alternate on the Board o~ Directors of County Sanitation District Nos. 2, 3 and 13 in the Mayor's absence. Councilman Ehrle seconded the motion. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. 179: ITEMS C1 - C7 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 7, 1988 INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 29, 1988: Cl. RECLASSIFICATION NO. 88-89-19, VARIANCE NO. 3862 AND NEGATIVE DECLARATION - TENTATIVE TRACT NO. 13760: OWNERS: ROGER L. WILLIAMSON AND BONNIE S. WILLIAMSON, 3450 E. La Palma, Anaheim, CA 92806 AGENT: SALKIN ENGINEERING CORPORATION, 1215 East Chapman Avenue, #2, Orange, CA 92666 1081 City Hall, Anaheim, California - COUNCIL MINUTES November 29, 1988, 1:30 P.M. LOCATION: Property is aDoroximately 30,7 acres on the south side of Aventda De Santiago, approximately 650 feet south of the centerline of Tamarisk Drive, For a change in zone from RS-A-43,000 to RS-HS-22,000. To establish an ll-lot single-family subdivision with waivers of (a) required lot frontage and (b) minimum lot frontage. Reclassification No. 88-89-19 GRANTED by the Planning Commission, PC88-307. Variance No. 3862 GRANTED by the Planning Commission, PC88-308. Tentative Tract No. 13760 APPROVED by the Planning Commission, and no action taken by City Council at the meeting of November 15, 1988, Item C15. Approved Negative Declaration. C2, RECLASSIFICATION NO, 88-89-20, VARIANCE NO, 3865 AND NEGATIVE DECLARATION TENTATIVE TRACT NO, 13705; OWNERS: JAY BROWN AND HELEN BURROWS, 1949 Ninth Street, Anaheim, CA 92802 AGENT: CATHERINE LIN AND WILLIAM LIN, 193 W. King Avenue, Brea, CA 92621 LOCATION: 1949 Ninth Street For a change in zone from RS-A-43,000 to RS-7200 or a less intense zone. To establish a 7-lot, RS-7200, single-family residential subdivision with waivers of (a) required lot frontage and (b) minimum lot width. Reclassification No. 88-89-20 GRANTED by the Planning Commission, PC88-309. Variance No. 3862 GRANTED by the Planning Commission, PC88-310. Tentative Tract No. 13705 APPROVED by the Planning Commission, and no action taken by City Council at the meeting of November 15, 1988, Item C16. Approved Negative Declaration. C3, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3086 AND NEGATIVE DECLARATION: OWNER: JAMES PERUMEAN, 21892 Vacation Lane, ~untington Beach, CA 92646 AGENT: JOHN HARGRAVE, 1440 N. Daly Street, Anaheim, CA 92806 LOCATION: 1440 Daly Street To permit a truck body manufacturing/painting and installation facility with waiver of minimum number of parking spaces. CUP NO. 3086 GRANTED by the Planning Commission, PC88-311. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. C4. CONDITIONAL USE PERMIT NO, 3087 AND NEGATIVE DECLARATION: OWNERS: WESTSIDE BUILDING MATERIAL CORP., P.O. Box 552, Anaheim, CA 92805 AGENT: PCSTC, INC., 1870 S. Chris Lane, Anaheim, GA 92805 1082 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1:30 P.M. LOCATION: 1213 E. Howell Street To permit a tour bus transportation terminal. CUP NO. 3087 GRANTED by the Planning Commission (for a period of five years) PC88-312. Approved Negative Declaration. CONDITIONAL USE PERMIT NO. 3088 AND NEGATIVE DECLARATION: OWNER: BEACON MAGNOLIA PARTNERS, 23766 Mercury Road, E1 Toro, CA 92630 AGENT: DONALD W. MUELLER, 30131 Town Center Dr., #170, Laguna Niguel, CA 92677 LOCATION: 1270 through 1332 South Magnolia Avenue To permit the expansion of an existing commercial retail center. WITHDRAWN by the Applicant. C6. WAIVERS OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3093 AND NEGATIVE DECLARATION: OWNER: HIGHLAND PINETREE, 1010 E. Chestnut Street, Santa Ana, CA 92701 AGENT: MICHAEL CHOI LEE, 715 Palomino, Anaheim, CA 92807 LOCATION: 916 S. Euclid Street To permit on-sale alcoholic beverages in conjunction with an enclosed restaurant/public dance hall with waiver of minimum number of parking spaces. CUP NO. 3093 DENIED by the Planning Commission, PC88-313. Waivers of Code Requirement DENIED by the Planning Commission. Denied Negative Declaration. End of the Planning Commission Items. 179: SCENIC CORRIDOR SINGLE-FAMILY RESIDENTIAL ZONE HEIGHT STANDARD REVIEW AND STUDY: Submitted was report dated November 22, 1988 from the Planning Department Zoning Division, which is submitted for Informational Purposes summarizing the actions taken by the Planning Commission regarding the height study. The study addresses th~ issu~ of increasing singl~-family resid~ntial building heights in the "SC" (Scenic Corridor Overlay) zone. Discussions were held August 15, September 26, October 24 and November 7, 1988. Councilwoman Kaywood. Since the report was received just today, she has not had an opportunity to review it. Councilman Pickler. His concern is that only four Planning Commission members were present when the matter was voted on. He would still like the Commission to try to have all members present and then a decision be made on this important issue. Joel Fick, Planning Director. As noted in the report, the Planning Commission discussed the issue at four public hearings. They studied the matter, went on field trips, etc. At one meeting there was a 2-2 tie vote. At the last 1083 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. hearing on November 7, 1988, six members voted resulting in a 3-3 tie vote. The seventh Commissioner declared a Conflict of Interest and, therefore, was not involved in the vote. Because of the impasse, the Commission forwarded the matter to the Council. Councilman Pickler suggested that the issue be discussed and considered by the Council the beginning of January. Joel Fick. Until a final decision is made, variance requests will be handled on a case-by-case basis. Councilwoman Kaywood. She is concerned that for 14 years there have been no questions concerning the maximum 25-foot height limitation and now the City is going on a case-by-case basis which has given extra work to staff and the Commission plus causing a great deal of confusion in the community as well as great concern from the residents particularly in the Peralta Hills and Mohler Drive area where they were promised those limitations would be adhered to. She is concerned over a long continuance of the issue. MOTION; Councilman Pickler moved to continue consideration and discussion of the report on Scenic Corridor single-family residential zone height standards to Tuesday, January 10, 1988. Councilman Ehrle seconded the motion. MOTION CARRIED. City Attorney White. On the January 10, 1988 agenda, the matter should be listed as a zoning item. It should not be noticed as a public hearing since there is no draft of an ordinance to be considered at this time. It should continue to be listed under the "C" items of the Council agenda. RECESS: Councilman Hunter moved to recess for ten minutes. Councilman Pickler seconded the motion. MOTION CARRIED. (3:11 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (3:20 p.m.) 179: CONTINUED PUBLIC HEARING - VARIANCE NO. 3828, CATEGORICALLY EXEMPT. CLASS 3-A: APPLICANT: OWNER: Tony W. Baxter 6401 E. Nohl Ranch Road, No. 9, Anaheim, CA 92807 LOCATION/REQUEST: The property is located at 7635 E. Silver Dollar Lane. request is to construct a 2-story, 31.5 foot high, single-family residence with waiver of maximum structural height. The ZONING ADMINISTRATOR ACTION: The Zoning Administrator, under Decision No. ZA88-50, approved Variance No. 3828 in part, for 28 feet. HEARING SET ON: A review of the Zoning Administrator's decision requested by Councilman Hunter and Councilwoman Kaywood at the meeting of August 30, 1988 and public hearing scheduled October 4, 1988. 1084 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1:30 P,M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 22, 1988. Posting of property September 23, 1988. Mailing to property owners within 300 feet - September 21, 1988. PLANNING STAFF INPUT: See Staff Report to the Zoning Administrator dated August 11, 1988. At the public hearing after discussion and input was received, the Council continued the public hearing to Tuesday, November 29, 1988. A subsequent request was received from Mitzi Ozaki discussed at the meeting of October 25, 1988 asking that the item be continued to December 6, 1988, a Council night meeting, rather than November 29, 1988. The City Council at that time declared its intent that at the public hearing of November 29, 1988, the hearing would be continued to the night meeting of December 6, 1988. Mayor Hunter asked if anyone was present to speak on the matter today; there was no response. Councilwoman Kaywood stated she felt it was clearly understood by the residents and the developer that it was the Council's expressed intent to continue the public hearing to December 6, 1988. MOTION; Councilwoman Kaywood moved to continue the public hearing on Variance No. 3828 to Tuesday, December 6, 1988 at 8:00 p.m. Councilman Daly seconded the motion. Councilman Ehrle abstained. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3063 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Wonson Klm and Haesook Klm 11443 E. Stapleton Circle, Cerritos, CA 90701 LOCATION/REQUEST: The property is located at 1142 N. Brookhurst Street. The request is to permit a 1,456 square-foot convenience market. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3063 was granted by the Planning Commission, under Resolution No. PC88-296: approved Negative Declaration. HEARING SET ON: A letter of appeal on one of the conditions of approval imposed by the Planning Commission was submitted by the owner, Wonson Klm, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 17, 1988. Posting of property November 17, 1988. Mailing to property owners within 300 feet - November 17, 1988. 1085 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 24, 1988. APPLICANT'S STATEMENT: Mr. Richard Tumpowsky, Century City, Los Angeles. He is speaking for the applicant. Mr. Klm has invested $700,000 in the proposed center where he wishes to have a convenience store. Although the CUP was was granted by the Planning Commission, the Commission denied the sale of beer and wine. The importance of being able to sell beer and wine in the market is the difference between a profit and loss. Mr. Kim is going to operate the store himself. He (Klm) went to the immediate neighbors and gathered 36 or 37 signatures of people who were agreeable to the store carrying beer and wine. There is also an additional petition of people who are in favor. There are only two people opposed. Mr. Kim is willing to do the following to please his neighbors: Plant high cypress trees all around the property, further screen the wall, light up the parking lot at night to eliminate people congregating in the area and place a uniformed security guard in the lot. There is a public necessity for a convenience store in the area. There is a Circle K store approximately 300 feet away but it does not carry all of the items that the convenience store will offer such as fruits and vegetables, a large variety of groceries, school supplies, etc. It is necessary to have beer and wine as well. Mr. Klm wants a. neighborhood family type store which will be run by his family for families in the area. PUBLIC DISCUSSION- IN FAVOR: Lawrence Vierira, 2188 West Falmouth. His property is directly north of the proposed store with his backyard facing the market. He has no objection to the sale of beer and wine. The Circle K sells beer and wine. There are problems in the area with people who buy beer and wine, consume it and toss the bottles in his yard. That will happen anywhere. Any convenience store must have beer and wine in order to be successful. The owner has bent over backwards to mitigate problems. Mr. ~im has talked to his £amily and the family next door. He is pleased that the fence is going to be raised because the fence is too low at present. Gordon Yelton, 2202 West Falmouth (across the street). He has spoken at length with Mr. Klm about his project. All of his neighbors on his side of the street and neighbors up and down both sides are in agreement with the convenience market and the beer and wine sales. He is speaking for them. He will not go into the Circle K because of the problems there. There is a need for people in the neighborhood to have a store such as Mr. Ktm is proposing. There are only two households against beer and wine sales. He submitted a petition containing approximately 44 signatures in favor. 1086 City Hall, Anaheim, California COUNCIL MINUTES November 29, 1988, 1:30 P.M. Vincent Conkltng, 1127 North Lotus Place, Anaheim, Ca. 92801. He lives directly behind the 3-story building at 1126 Brookhurst. No one was happy when that was built but it turned out that everybody is happy now. He believes the convenience store is going to be good. He is retired and can walk to the store without being mugged. Circle K is an all night long operation. Mr. Klm should be given a chance to open the convenience market. If there is a problem, action can be taken against him. PUBLIC DISCUSSION- IN OPPOSITION: Dan Lookabill, 2174 West Falmouth. At the Planning Commission hearing, the comment was made the store would not make it unless it sold beer and wine. This speaks to the issue of whether the other items are needed as well since there is an alternate source. In terms of merchandise, the market would not add to his neighborhood but instead have a negative impact on traffic in the area which is presently a problem. The driveway is not wide enough to get on to Brookhurst. To enter the property, it is necessary to cross sidewalks. It is serious enough that this type of business which promotes frequent ingress and egress could add to the heavy traffic problems in the area. The other concern he has is trash, a great deal of which is generated from convenience markets. A statement was made that other residents in the area understood that this store has been part of the plan for the property which is not true. The petition submitted probably contains his signature which will prove that he did not understand that to be the case. In talking with Mr. Klm, he thought it was going to be a small commercial center with service type businesses. He (Lookabill) said that he did not want to see another convenience market built there and Mr. Klm stated unequivocally that was not his intent. As soon as the building went up, the plan changed. He would not have supported the development if he thought that was going to be the case. The Planning Commission made an appropriate compromise that 3 feet be added to the block wall and that no beer and wine be sold which is the primary trash generator. He is asking that the Council validate and sustain the action of the Planning Commission and not allow what he feels in his case was a misrepresentation. He has no objection to commercial development of the property but is concerned with the negative impact this proposal will have. George Arnold, 2178 Falmouth. He was also approached by Mr. Klm who asked his support for a commercial center and assured him there would be no convenience store in the center. He and Mr. Lookabill were the only two residents present at the public hearing. At the time, Mr. was not willing to raise the wall. It was pointed out that the 1087 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. wall is not in compliance; however, it is yet to be raised. When the variance was granted for the convenience store by the Planning Commission without beer and wine, they stated it was never the intent to have a high traffic convenience store back there. His objection is based upon the proximity of the homes in the development which back up to the center. His son's bedroom is about 20 feet from the wall. They are subject to noise, light intrusion and high traffic from a store that will be open until 10:00 p.m. These factors will have a very negative impact on his family's life and his property value. Circle K is a full service convenience market. The proposal is not something that will benefit the neighborhood. It will have a negative impact in an area already impacted by heavy traffic. The raising of the wall is not conditioned on beer and wine but it is to protect the homeowners regardless of whatever type of business is back there. He is opposed to beer and wine. It is a compromise the Planning Commission made that is more compatible with the neighborhood. Eleanor Bay, 2148 West Grayson. She is not directly affected by the proposal but has lived in the neighborhood for 28 years. After Mr. Klm was turned down on a motel, he came to her door and assured her there would be businesses such as beauty and barber shops and perhaps a realty office but no restaurant, alcohol or fast-food. The Circle K is close to the neighborhood. There is no need for another convenience market. If the market sells fruits and vegetables with the trash enclosure backing up to the wall which separates the residents from the center, it will have a detrimental effect on those residents. Trash trucks cannot go onto the property and turn around but will have to park on Brookhurst. The convenience market should be turned down in total. If the Council should allow it, the beer and wine should be denied, hours of operation restricted from 7 a.m. to 7 p.m. and no video machines allowed. She also understands that any lighting in the parking lot must be down lighted so it will not affect the residents. SUMMATION BY APPLICANT: Mr. Wonson Klm. Relative to the driveway, he is participating with the City in street widening which will occur in the future. The present driveway is temporary until the street is widened. The petition submitted is a new one with new signatures. Mr. Richard Tumpowsky. His understanding is the Planning Commission approved the CUP but without beer and wine. Regarding the problem of trash, there can be no drinking on the premises, there will be security on the lot, there are 400 to 500 homes in the area who will utilize the market. 1088 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1:30 P,M. COUNCIL ACTION: Mayor Hunter closed the public hearing. Paul Singer, Traffic Engineer. Answering Councilwoman Kaywood, he explained that the trash trucks will not go onto the property. Bins will be rolled out and picked up on Brookhurst. This is not unusual along many of the commercial areas. COUNCIL CONCERNS: Councilman Pickler. The CUP process for convenience markets was instituted to assure control over where they are established. He travels Brookhurst daily and is aware of the traffic situation. He is concerned with not only the beer and wine aspect, but convenience markets generally. He does not believe this location is suitable for a convenience market. Mayor Hunter explained that when a portion of a Conditional Use Permit that has been approved is appealed, the hearing is de novo, i.e., the Council has the ability not only to grant the request, but also to deny the complete CUP. He agrees with Councilman Pickler in this case. There is a Circle K close by, and Brookhurst and La Palma are very busy streets traffic wise. He is inclined to deny the CUP in total. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilwoman Kaywood, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 88R-413) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 88R-413 for adoption, denying Conditional Use Permit No. 3063, finding that the use does not conform to the requirements of the Anaheim Municipal Code for the approval of the CUP for a convenience market. Refer to Resolution Book. RESOLUTION NO, 88R-413: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3063. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None 1089 City Hall, Anaheim, California - COUNCIL MINUTES November 29. 1988, 1;30 P,M. The Mayor declared Resolution No. 88R-413 duly passed and adopted. 179; PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3073, CATEGORICALLY EXEMPT, CLASS 3: APPLICANT: OWNERS: Oswaldo Vasquez and Aha B. Vasquez 1134 Lomita Place, Anaheim, CA 92801 AGENT: David Peters 610 West Broadway, #111, Anaheim, CA 92805 LOCATION/REQUEST; The property is located at 1134 W. Lomtta Place. The request is to permit a 640 square foot "granny unit". PLANNING COMMISSION ACTION: Resolution No. PC88-291 granted Conditional Use Permit No. 3073; determined the project to be categorically exempted from the requirement to file an EIR, Class 3. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of November 1, 1988, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 17, 1988. Posting of property November 17, 1988. Mailing to property owners within 300 feet - November 18, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 10, 1988. APPLICANT'S STATEMENT: David W. Peters, 610 West Broadway. He is trying to obtain a CUP for a granny unit for a 65-year old grandmother. He has met with all requirements of the Planning Commission and does not understand why he is having a problem. Councilwoman Kaywood. She asked for confirmation if Mr. Peters was planning to put a 2-story above the garage and was he aware that would require a 2-hour fire wall or sprinklers. David Peters. He answered that he was building above the garage and was not aware of the fire wall or sprinklers but there would be no problem with accomplishing those requirements. Mayor Hunter asked if anyone wished to speak either in favor or in opposition; there was no response. 1090 City Hall, Anaheim, California COUNCIL MINUTES - November 29, 1988, 1;30 P.M, COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT CATEGORICAL gXEMPTION; On motion by Councilman Pickler, seconded by Councilman Ehrle, it was determined that the proposed project falls within the definition Section 3.01 Class 3, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 88R-414) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-414 for adoption, granting Conditional Use Permit No. 3073, including the requirement for the fire wall. Refer to Resolution Book. RESOLUTION NO. 88R-414: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3073. Before a vote was taken, Councilman Pickler asked if the stipulation relative to the fire wall needed to be included; City Attorney White clarified that the fire wall will be required even if it is not a condition. Councilman Pickler stated that since the fire wall will be a requirement and it was pointed out to Mr. Peters in this hearing, he does not feel it is necessary to add it to the resolution. A vote was then taken on the foregoing resolution without the inclusion of the fire wall since the granny unit could not be built without satisfying that requirement in any case. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 88R-414 duly passed and adopted. 179: PUBLIC HEARING - WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3078. CATEGORICALLY EXEMPT, C~ASS 3 6/q]) 5: APPLICANT: OWNERS: James Allen Cannaday and Betty Bete Cannaday 512 Las Rtendas Dr., Fullerton, CA 92635 LOCATION/REOUEST; The property is located at 701 S. Lemon Street. The request is to permit a 634-square foot modular "Granny Unit" with waiver of a minimum rear yard setback. 1091 City Hall, Anaheim, California - COUNCIL MINUTES November 29, 1988, 1:30 P.M. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3078 was denied by the Planning Commission, under Resolution No. PC88-297; Waiver of Code Requirement was denied by the Planning Commission; determined to be categorically exempt from the requirement to prepare an EIR. HEARING SET ON: The Planning Commission's decision was appealed by the owner, James Cannaday, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 17, 1988. Posting of property November 17, 1988. Mailing to property owners within 300 feet - November 17, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 24, 1988. APPLICANT'S STATEMENT: James Allen Canaday, 512 Las Riendas Drive, Fullerton, CA 92635. He and his wife have owned the property for 40 years. His wife's mother and brother live at 629 South Lemon Street to the north adjacent to his property. The Bete's have been in the City since 1906. He is not an absentee owner. His daughter and her family live at 701 So. Lemon. The Planning Commission denied his petition for the reasons listed in Resolution No. PC88-297 (see the resolution, Page 1 and 2) which he briefed. He requested a waiver of the 25-foot setback requirement which was denied. He has reworked his plans to show a 25-foot setback for the granny unit. .One of the primary reasons for denial was Item 4 of the Planning Commission resolution, "That the size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use . ." His plans were reviewed by the Planning Staff, and in their report to the Planning Commission dated October 24, 1988, Item No. 11, Page 2 reports that, "plans indicate conformance to all applicable site development standards of the RS-72,000 zone (other than rear yard setback)." He has since changed the setback to 25 feet and his plans now conform to all requirements of that zone. The property is ideally suited for the proposed use. In concluding, he referred to Item 2, Page 2'of the Planning Commission resolution stating another reason for denial relating to the original intent of the granny unit procedure to provide housing for an elderly family member. The staff report listed the many granny units already approved in the City and in all cases where they were approved, the only requirement was that the tenants must be over 60 years of age and that no familial status was required. Since he was not present when the law was being written, debated or enacted, he cannot comment on the intent. He would like to have Vicki Derieg speak in favor of his application. 1092 City Hall, Anaheim, California COUNCIL MINUTES - November 29, 1988, %;30 P.M. Vicki Derieg, resident of Huntington Beach. She was present when the law was created. She is a member of the Board of Directors of the California Manufactured Housing Association. She first submitted a copy of Senate Bill No. 1160 of 1981 (the "Granny Unit" legislation). The only thing stated in the bill is that residents must be 60 years of age or over; there is no familial status included in the Chaptered version. As part of her presentation, Ms. Derieg referred to and read portions of letter dated November 29, 1988 from Chris Petrakos, Director, Governmental Affairs, California Manufactured Housing Institute (made a part of the record) wherein he notes that, "nowhere in the statutes does it imply that these units are limited to family members." He goes on to amplify on the uncodified legislative intent language of the law. She also referred to minutes of previous public hearings regarding conditional use permit requests for granny units in the City of Anaheim, wherein it specifically stated the City cannot restrict who the senior citizen is to be or disallow the granny unit. Minutes also specifically stated that the unit could be rented and one granted in 1987 was originally brought in as a Section 8 subsidized house and is currently being rented in the City. She also confirmed for Councilwoman Kaywood that it was her intent to provide the modular unit for Mr. Canaday and she does have a vested interest in the matter. She is also an instructor in the law of the State of California in the Manufactured Housing Industry. PUBLIC DISCUSSION - IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Mrs. Sietska Bolttzer, 628 South Clementine. They oppose the proposed modular unit. Theirs is a single-family neighborhood. The proposal will open the door to multiple family units. The live directly behind the proposed property and it will be a liability to their property. There are other people present who are in opposition. She asked that they stand. (There were seven other people who stood indicating their opposition). She has signatures of approximately 50 people who were not able to be present. She explained where the signatures were gathered. Mr. Canady stated he planned to derive extra income for his' daughter in the front so that they could buy a better home. She knows five people who heard him say he was planning to use the property as a rental for extra income. Once turned down, she does not understand why the matter should be taking the Council's time. If the matter should be continued for any reason, the residents are requesting a night hearing. If they deny the will of the people who are in opposition, they are requesting a 6-foot wall for their protection. 1093 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. Debora Busch, 632 South Clementine. Their property backs up to the subject property. They are the neighbors with the 5-foot space between their house and a property line. They feel with a modular unit, it would create a fire hazard to the neighbors around that unit. When they purchased their home, they did so so they would not have to sit on top of their neighbors. Mr. Canaday lives in Fullerton and would not have to suffer the consequences of his actions if approved. She was also told by a Real Estate agent after a granny unit situation is created, if the people move or die, the units will be rented to anybody who can lease them which is of great concern. Virginia Stevens, 531 South Clementine. Their area is a desirable, spacious, quiet area of single-family dwellings. Developers repeatedly want to buy their homes and promote multiple family dwellings in their single-family areas. The residents have been constantly on guard. They strongly oppose higher density housing in their neighborhoods (South Lemon, South Glementine, Dickel and Helena Streets). She and her neighbors strongly oppose any waivers or zoning changes which would promote or allow higher density housing to be built in their area. The building of the rental unit will promote and speed the conversion of their stable, spacious single-family area to one of multi-family dwellings, which will become crowded, noisy, more traffic, more crime and an area of transient dwellers who rent rather than have vested interest in the area. As the City Council, they are uniquely suited and able to prevent, hold and slow this destructive process. Rich Busch, 632 South Clementine. These units are supposed to be for lower income housing. A broker has already told them that if the unit is approved, if they should want to sell their property, the value will drop 20%. They do not want to see their neighborhood destroyed. SUMMATION/REBUTTAL BY ARGUMENT: Vicki Derieg. She rebutted statements made by the last three people who spoke in opposition. She also stated that the applicant is not asking to change the underlying zone but merely to be allowed to do what state and city law allows them to do - to put in a home for a senior citizen which is suited to the elderly because of its cost. The infrastructure is already there. There can be no young people or no more than two people living in the home. The unit is built to all building codes and it is not a less favorable type of housing. James Canaday. He does not see what the neighbors are objecting to. He has been a good neighbor for 40 years and intends to be one for as long as possible. The neighbors think this might open the area to apartments but apartments are not possible in this area. 1094 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. She asked Mr. Canaday if it is his intent to rent out the unit. Mr. Canaday answered, absolutely and he has stated that all along. He does believe that was the intent of the law and the units can be rented to senior citizens. As long as he is living, he intends to pick the people that will rent the unit. Councilman Ehrle. In the time he has been on the Council, the granny units approved have been basically for elderly family members. In this case, he feels it is intended to be nothing more than a rental unit and an attempt to split a lot thereby creating two units on a single-family lot. Mayor Hunter. The issue is that it is still discretionary with the Council to issue a permit to have a granny unit whether a family member or not. He is going to sustain the Planning Commission's denial not only regarding the setbacks, but also to maintain the integrity of the single-family neighborhood. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilman Hunter, seconded by Councilman Pickler, it was determined that the proposed project falls within the definition of Section 3.01 Class 3 and 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 88R-415) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 88R-415 for adoption, denying Conditional Use Permit No. 3078, upholding the decision of the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 88R-415; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3078. Before a vote was taken, Councilwoman Kaywood stated this application is a first in several ways. It is a modular unit, it is to be a specific rental unit, and the owner of the property does not live on-site. In reading the Code, there is nothing that says it has to be a rental unit. In every previous case, those to be occupying the granny unit were not always a family member but they were not rental units, and to be occupied by somebody who was a part of the property. If this is approved, it will make a statement that 1095 City Hall. Anaheim. California COUNCIL MINUTES November 29. 1988, 1;30 P,M. there are no more single-family residential areas in the City. The infrastructure is not adequate, especially in older parts of the City. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 88R-415 duly passed and adopted. RECESS; By general consent the Council recessed for ten minutes. (4:40 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:50 p.m.) 179; VARIANCE NO, 3514 - EXTENSION OF TIME; Requested by Joseph A. Todhunter, 8549 La Baya Avenue, Fountain Valley, CA 92708. The request is for an extension of time retroactive to December 17, 1986, to expire December 17, 1989. Variance 3514 is to permit a 5-unit "affordable" apartment complex with waivers of maximum structural height and maximum site coverage. Councilman Pickler moved to approve an extension of time retroactive to December 17, 1986 to expire December 17, 1988 on Variance No. 3514, to permit a 5-unit "affordable" apartment complex with waivers of maximum structural height and maximum site coverage. Councilman Daly seconded the motion. Before a vote was taken, Annika Santalahti, Zoning Administrator, explained for the Council that the project was approved originally in 1985. When staff recommends approval of an extension, a check is made to make certain there are no changes to the Code or General Plan in the meantime. There are no changes involved in this case and staff, therefore, had no problem with it. Councilwoman Kaywood noted that one of the units was to be rented as low and moderate income housing but with only a 5-year limitation. Projects are not now approved with such low limits on affordable units - limits are now closer to 30 years. Annika Santalahti. That is correct. However, in order to modify that condition in this project, it would have to be scheduled for an additional public hearing. Councilwoman Kaywood. The projects that Anaheim and Orange County will have in the future will reflect a need for much more affordable housing. When a density bonus is granted for affordable units, the affordability should go with the life of the project 5 years is not acceptable to her. City Attorney White explained for Councilman Pickler that on this time extension, the conditions cannot be changed. The Council can deny the extension and have the developer reapply. The only thing the Council can do 1096 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. today is to either approve the requested extension or deny it. If approved, it has to be with the same conditions that now apply since the conditions were imposed at a public hearing. If denied, the developer would have to file a new application and start all over. Councilman Pickler stated that he did not want to cause the applicant to start the process from the beginning. A vote was then taken on the foregoing motion, approving the requested extension of time. Councilwoman Kaywood voted no. MOTION CARRIED. 179: CONDITIONAL USE PERMIT NOS, 2844, 2845 AND 2846, VARIANCE NO, 3603 EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Requested by Savoy M. Bellavia, Hutton Development Co., Inc., 201 E. Sandpotnte, Suite 300, Santa Ana, CA 92707-5750. The petitioner requests a one-year extension of time to expire on November 25, 1989. The property involved is in a regularly shaped parcel consisting of approximately 19.7 acres located at the northwest corner of Santa Ana Canyon and Weir Canyon Roads. CUP NO, 2844 - To permit a gasoline station with a mini-market, a car wash, and waiver of minimum structural setback on a 1.6 acre portion of subject property. No action is required by the Council on Conditional Use Permit No. 2844. Councilman Hunter moved to approve a one-year extension of time on the following Conditional Use Permits and Variance, to expire on November 25, 1989. Councilman Daly seconded the motion. (1) CUP NO. 2845 - To permit 3 drive-through restaurants with waiver of minimum structural setback on a 2.3 acre portion of subject property. (2) CUP NO, 2846 To permit a 57.5 foot high, 150-room hotel with waiver of maximum structural height on a 4-acre portion of subject property. C3) Variance No, 3603 - For waivers of minimum structural setback, minimun~ number of parking spaces, maximum wall height, and required site screening to construct a commercial complex. MOTION CARRIED. 179: ORDINANCE NOS. 4975, 4976 AND 4977 (INTRODUCTION): Councilwoman Kaywood offered Ordinance No. 4975 for introduction. ORDINANCE NO, 4975; 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. 88-89-11 from PD-C/RM-1200 to PC-C/RM-2400) Councilman Pickler offered Ordinance Nos. 4976 and 4977 for introduction. 1097 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P,M. ORDINANCE NO, 4976; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.72 RELATING TO SPECIFIC PLAN NO. 88-2 (SP 88-2) ZONE. (Amending Title 18 to rezone property commonly known as The Summit of Anaheim Hills into the SP 88-2 - SP 88-2 zone) ORDINANCE NO. 4977: 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 of the Anaheim Municipal Code by adding Chapter 18.72 Specific Plan No. 88-2 - SP 88-2 Zoning and Development Standards) 179; ORDINANCE NO, 4978 - INTRODUCTION) - DEDICATION AND IMPROVEMENT OF RIGHTS-OF-WAY - CRITICAL INTERSECTIONS: Councilwoman Kaywood offered Ordinance No. 4978 for introduction, amending Section 18.04.080 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code relating to Dedication and Improvement of Rights-of-Way - Critical Intersections. ORDINANCE NO, 4978: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.04.080 OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEDICATION AND IMPROVEMENT OF RIGHTS-OF-WAY. City Attorney White clarified for the Mayor that the Critical Intersection General Plan designations were done in two parts. In 1987, nine intersections were designated as critical intersections and last August 16, 1988 24 additional intersections were so designated. At that time, the Council determined to approve the GPA'effective January 1, 1989 with the understanding they would place on the ballot the bond issue relating to financing critical intersection construction and the Council would then further need to consider how the CPA's would inter-relate with the existing code requirement which now requires the dedication and improvement of right-of-way required by the General Plan in conjunction with any building permit issued by the City. Beginning January 1, 1989, any person who has property abutting one of the 33 critical intersections who comes into the City to request a building permit, with some very minor exceptions, will be required to dedicate and pay for the cost of the improvement of not only the basic right-of-way area, but also for the additional right-of-way and that is designated as the critical intersection portion. The subject ordinance, if adopted, would delete from the code that requirement that a person dedicate and pay for the improvement of the critical intersection portion of the right-of-way. It would still require dedication and payment for the cost of improvement of the basic right-of-way as shown on the General Plan. It will eliminate the problem anticipated in January with people coming in for building permits who would otherwise be required to dedicate and pay for the cost of improving the critical intersection portion. It would delete that requirement. It deletes the obligation the City has to collect the money and get the dedication in every single case where a permit is required. Councilman Hunter moved that a discussion be scheduled on agenda next week of the 24 intersections already designated as critical by the Council under General Plan Amendment No. 210 approved on August 16, 1988 to be effective on January 1, 1989. Councilman Pickler seconded the motion. MOTION CARRIED. 1098 City Hall, Anaheim, California - COUNCIL MINUTES November 29, 1988, 1;30 P,M. City Attorney White. A discussion on the critical intersections can be heard at any meeting; however, if there is a change in the General Plan designation, it would take a scheduled public hearing at a subsequent time. 179/170: ITEMS C13 C15 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 21, 1988 INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 1, 1988 C13, SPECIMEN TREE REMOVAL NO, 88-11, TENTATIVE TRACT NO, 13716 AND NEGATIVE DECLARATION; OWNER: MARIE CHRISTENSEN AND ELBERT F. CHRISTENSEN, 200 S. Fairmont Blvd., Anaheim, CA 92807 AGENT: HILL WILLIAMS DEVELOPMENT COMPANY, ATTN: Gary Schuthles, 5500 E. Santa Aha Canyon Rd., #251, Anaheim, CA 92807 LOCATION: Property is approximately 7.03 acres on the east side of Fairmont Blvd, approximately 1,120 feet south of the centerllne of Santa Aha Canyon Road. Petitioner requests approval of Tentative Tract No. 13716 to establish a 13-lot single-family (RS-HS-22,000) subdivision and remove 50 specimen trees. Tentative Tract No. 13716 APPROVED by the Planning Commission. Specimen Tree Removal No. 88-11 has a 22-day appeal period and will appear on the Council agenda of December 13, 1988. C14, TENTATIVE TRACT NO, 13803 AND NEGATIVE DECLARATION: OWNERS: AHMAD-SHOJAEDDINI, 1216 E. LaPalma Ave., #8, Anaheim, CA 92805 AGENT: RONALD J. CROWLEY, 1700 Raintree Rd., Fullerton, CA 92673 LOCATION; 1500 West Broadway To establish a 15-unit condominium complex. Tentative Tract No. 13803 APPROVED by the Planning Commission. C15. TENTATIVE TRACT MAP NO. 13744: Request for approval of final specific plans. 1226 and 1234 South Western Avenue. Property is located at Tentative Tract No. 13744 APPROVED by the Planning Commission. End of the Planning Commission Items. 114/182; NIGHT CITY COUNCIL MEETINGS; Councilman Hunter moved to place on the City Council agenda of Tuesday, December 6, 1988 a discussion regarding night City Council meetings. Councilman Daly seconded the motion. MOTION CARRIED. 114/182: ESTABLISHMENT OF A BLUE RIBBON COMMITTEE TO REVIEW THE CITY CHARTER: Councilman Hunter moved to place on the City Council agenda of Tuesday, December 6, 1988 a discussion regarding the establishment of a Blue Ribbon Committee to review the City Charter. Councilman Daly seconded the motion. 1099 City Hall, Anaheim. California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. Before a vote was taken, Councilman Ehrle noted that the City Clerk had given the Council information relative to the possibility that a Special Election might be held some time in March or April, 1989, regarding the petition initiative submitted on Mobilehome Rent Stabilization which will be up to the Council. City Clerk Sohl explained that should the petition initiative be successful, the earliest date, if the petition is certified by the County Registrar on or about December 16, 1988, the Council would have ten days to make a decision. If the decision is made at that time, an election would be held approximately the middle of March. Council also has another option of ordering a study regarding the effects of a Mobilehome Rent Stabilization ordinance which would extend the date 45 additional days and that would be approximately the middle of May. Those would be the two approximate dates for a Special Election if that is the Council's wish. Mayor Hunter. Whether or not the Blue Ribbon Committee would be able to come back by March or even May, he does not see it would be that relevant. Recommendations may not even come to fruition; otherwise, any recommendations could be placed on the 1990 General Municipal Election. After further Council discussion, Councilman Daly stated he is convinced the Council needs that 45-day period to study the fiscal impact of the petition initiative. He does not know if today is the appropriate time to make that decision or to even agendize the matter for discussion. Mayor Hunter. Once the City Clerk is in the position that the petition initiative is certified and comes before the Council, that is when the decision is to be made. A vote was then taken on the motion that there be a discussion of a establishment of a Blue Ribbon Committee to review the City Charter. CARRIED. MOTION 114/182: TIME LIMITATION ON AFFORDABLE UNITS; Councilwoman Kaywood moved to place on the Council agenda of Tuesday, December 6, 1988 a discussion to consider a minimum 30-year limitation on affordable units. Councilman Ehrle seconded the motion. MOTION CARRIED. 114: SETTING MATTERS FOR PUBLIC HEARING; Councilman Pickler stated he still feels that a single Council Member should have the right to set a matter for a public hearing without the necessity of having another Council Member second such a request. He will continue to second all such requests if the ordinance remains as it is today requiring the consensus of two Council Members. Councilman Pickler moved to place on the Council agenda of Tuesday, December 6, 1988 a discussion that any Council Member can set an item for public hearing without a second. Councilman Hunter seconded the motion. MOTION CARRIED. REQUEST FOR CLOSED SESSION: City Attorney White recommended a recess for a brief Closed Session to discuss an item of potential litigation under 1100 City Hall, Anaheim, California - COUNCIL MINUTES - November 29, 1988, 1;30 P.M. Government Code Section 54956.9(b). The item was not known at the time the printed agenda was prepared. A 4/5 vote is necessary for waiver of the Brown Act in order to be able to discuss the item in a Closed Session following which no action is anticipated. Councilwoman Kaywood moved to waive the 72-hour posting provision of the Brown Act regarding the matter of potential litigation to be discussed in Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: Councilwoman Kaywood moved to recess to Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (5:31 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:23 p.m.) 114: COUNCIL LIAISON COMMITTEE ASSIGNMENTS: Councilman Hunter moved to place on the Council agenda of Tuesday, December 6, 1988 the subject of Council Liaison Committee assignments. Councilman Pickler seconded the motion. MOTION CARRIED. ADJOURNMENT; Councilman Hunter moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:25 p.m.) LEONORA N. SOHL, CITY CLERK~ 1101