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1988/12/13207 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P,M, The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer 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 1:00 p.m. on December 9, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter 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 get,ion. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:42 p.m.) INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the invocation. FLAG SALUTE: Councilman William D. Ehrle led the assembly in the Pledge of Allegiance to the Flag. 1133 208 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 P,M. 119; PRESENTATION o INTRODUCTION OF NEW CITY EMPLOYEES; City Clerk Leonora Sohl stated that there are a number of employees participating in the employee orientation program who are present in the Chamber audience. New employees will be introduced and after their names are announced, will be asked to stand and remain standing until all have been introduced. At the conclusion of announcing the names of the new employees, they were welcomed by the City Council. 119: PRESENTATION - CERTIFICATE OF MERIT o ANAHEIM HOUSING AUTHORITY: Director of Community Development, Lisa Stipkovich, presented to the Council a Certificate of Merit awarded to the City of Anaheim. The Certificate was presented to the City by the Association of Local Housing Project Finance Agencies for the Park Vista project. 119: PRESENTATION OF CHECK FOR THE GEORGE WASHINGTON COMMUNITY CENTER: Laura Brown, president of the Katella Key Club (sponsored by the Kiwanis Club of Greater Anaheim) accompanied by four other students who are officers of the Board and the Principal of Katella High School Barry Esco, presented to Mr. Ed Alfaro of the George Washington Community Center a check for $600.00 to be used toward the Christmas food basket program during the holiday season. Mayor Hunter and the Council personally congratulated the students on their efforts in collecting such a generous contribution accomplished by holding fund-raising activities. It was noted that combined with last year, the Club has now donated $1,600 to the program. 119: DECLARATION OF COMMENDATION: The City Council unanimously adopted a Declaration of Commendation which was presented to Mrs. Berrie Derivas commending her for distinguished service to the City and upon her retirement after 25 years of employment in the Anaheim Public Library system. Mayor Hunter and Council Members congratulated and thanked Mrs. Derivas who was responsible for several innovative library programs which have contributed to making the Anaheim Library system an outstanding one. 119: DECLARATION OF COMMENDATION: The City Council unanimously adopted a Declaration of Commendation which was presented to Georgia Cashman, on being selected as one of this year's top ten businesswomen recognized for outstanding community service by the American Businesswomen Association. Mrs. Cashman is founder of her own business in the City of Anaheim, Hallmark Litho. Mayor Hunter and Council Members personally congratulated her on her outstanding achievement. 119: RECOGNITION OF FIRE DEPARTMENT HEROS: Mayor Hunter and all Council Members recognized and commended Firefighter John Dale, Fire Investigator - Mike Feeney, and Fire Captain - Steve Pillar for their heroic actions on December 14, 1987, in saving the life of Fire Captain Ray Verbeck. The Mayor briefed the incident that took place when the Fire Department responded to a 1134 179 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1:30 P.M. structure fire in the Barclay's Bank building, wherein if it were not for the actions of Mr. Dale, Feeney and Pillar, Captain Verbeck would have perished. They had previously been honored by having bestowed upon them the first ever Anaheim Fire Department Medal of Valor as well as the California State Firemen's Association Special Recognition for Valor, normally reserved only for citizens. Captain Ray Verbeck acknowledged that he was present today only because of his fellow colleagues and this was the first opportunity to thank them publicly. He expressed his deep gratitude to them for saving his life. Captain Verbeck thanked those who remembered him in his long recuperation period and especially his wife. Declaration of Commendations were also authorized by the Council to be presented to John Dale, Mike Feeney and Steve Pillar. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held November 29, 1988. Councilman Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,632,071.94, 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-422 through 88R-424, both inclusive, for adoption and Ordinance No. 4983 for introduction) Councilman Pickler 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 Councilwoman Kaywood, seconded by Councilman Daly, 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-422 through 88R-424, both inclusive, for adoption and Ordinance No. 4983 for introduction. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Bessie Davis for property damage sustained purportedly due to actions of the City on or about October 2, 1988. b. Claim submitted by Tom Alford for property damage sustained purportedly due to actions of the City on or about February 17, 1988. 1135 180 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1:30 P,M. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held November 17, 1988. A3. 150: Awarding a contract to the lowest and best responsible bidder, Creative Lighting, Inc., in the amount of $97,984 for Maxwell Park and Brookhurst Park softball field lighting/electrical upgrade. A4. 165: Awarding a contract to the lowest and best responsible bidder, Heritage Construction Company, in the amount of $31,914 for Barrier Free Anaheim No. 13, area bounded by South Street, Ball Road, Sunkist Street and Rio Vista Street. A5. 107: Awarding a contract to the lowest and best responsible bidder, Fecit Strata Construction, in the amount of $156,455.75 for Neighborhood Preservation Area II, Cypress Street - Emily Street to 100' E/O Anaheim Boulevard. Claudina Street, Emily Street and N/S alley Cypress Street to 300' S/O Cypress Street. A6. 114/172: RESOLUTION NO. 88R-422: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A POLICY CONCERNING STREET CLOSURES OR PROHIBITION OF STREET ACCESS. A7. 130: Consenting to the assignment of Petroleum Pipeline Franchise (granted to Southern Pacific Pipe Lines, Inc.) by SPPL to the SPPL Partnership pursuant to the provisions of Ordinance No. 1727 of the City of Anaheim. A8. 160: Accepting the low bid of Buena Park Wholesale Electric Company, in an amount not to exceed $116,600 for 50,000 feet of 600 volt triplexed cable all in accordance with bid #4640. Ag. 160: Accepting the low bid of (Wesco) Westinghouse Supply Company, in an amount not to exceed $43,931.15 for 33,640 feet of 653.90 KCMIL ACSR Cable, all in accordance with bid #4639. Al0. 160: Accepting the low bid of Buena Park Wholesale Electric Company, in an amount not to exceed $43,142 for 50,000 feet of 600 volt, URD secondary cable, all in accordance with bid #4641. All. 160: Authorizing the Purchasing Agent to issue purchase orders to General Electric Corporation ($8,721.68) and Kuhlman Corporation ($71,263.80) amounting to a total of $79,985.48, for thirty-four single phase subsurface transformers, all in accordance with bid #4638. Al2. 160: Authorizing the Purchasing Agent to issue purchase orders to Maydwell and HartzeI1, Inc. ($71,128.12), General Electric Company ($58,080.58) and Central Moloney c/o R. A. Young Company ($12,986.06) amounting to a total of $142,194.76 for 105 Single Phase Conventional Transformers, all in accordance with bid #4635. Al3. 160: Authorizing the Purchasing Agent to issue purchase orders to Wesco Company ($61,488.48) and General Electric Corporation ($16,749.06) amounting 1136 177 City Hall, Anaheim, California COUNCIL MINUTES - December 13, 1988, 1;30 P.M. to a total of $78,237.54, for ten three phase padmount transformers, all in accordance with bid #4634. Al4. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for three months ended September 30, 1988. Al5. 155/175: Approving a Negative Declaration pursuant to CEQA, for the construction of MWD Connection A-8 Modification at Walnut Canyon Reservoir. Al6. 155/175: Approving a Negative Declaration pursuant to CEQA, for the construction of Walnut Canyon Reservoir Exterior Drainage. Al7. 175: RESOLUTION NO. 88R-423: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ENCOURAGING VOLUNTARY WATER CONSERVATION IN RESPONSE TO CALIFORNIA'S DROUGHT. Al8. 175.123: Approving agreements with ASL Consulting Engineers, RBF & Associates and Willdan & Associates for engineering consultant services for water capital improvements, and authorizing the Mayor and City Clerk to execute said agreements on behalf of the City. Al9. 123: Approving the First Amendment to the agreement with DeLoitte Haskins and Sells increasing the fee from $100 per hour to $110 per hour for their work on the City's Records Retention Plan. A20. 106/112: Approving the transfer of $299,690 from Fund 73 (General Benefits Fund) to Account No. 01-121-6315 to cover the cost of increased activity anticipated in extraordinary litigation matters for fiscal year 1988-89. A21. 153/125: Approving the appointment of Janet A. Mace to the position of Data Processing Director effective December 9, 1988. City Manager Bob Simpson personally introduced Janet Mace, the City's new Data Processing Director, explaining that Mrs. Mace, an employee in the Data Processing Department for several years took part in an intense examination process for the position conducted by people outside of Anaheim and finished at the top of the list. It was subsequently his pleasure to interview the top three candidates and, based on the interview, offered the position to Mrs. Mace. A22. 158: RESOLUTION NO. 88R-424: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A23. 179/185: ORDINANCE NO. 4983 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE NO. 4861 RELATING TO SPECIFIC PLAN 87-1. 1137 City Hall, Anaheim, California COUNCIL MINUTES - December 13, 1988, 1:30 P.M, Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 88R-422 through 88R-424, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 127: MOBILEHOME RENT STABILIZATION INITIATIVE PETITIONS: Submittal to the Council of the verification of signatures from the Registrar of Voters, certifying to the sufficiency of petitions received concerning the Mobilehome Rent Stabilization Ordinance, indicating a total projected number of 16,935 valid signatures. (14,865 constitutes 15% of the May 18, 1988 report of registration). Also submitted was report dated December 9, 1988 from City Clerk Leonora Sohl which listed the alternatives available to Council. City Attorney, Jack White. Having received the Clerk's certification, the Council now has three options, one of which has to be acted upon today. The first is to introduce the ordinance and subsequently adopt the ordinance within ten days. The second is to call an election to be held within the time specified under state law in the Elections Code. The third is the Council's option to request City staff to prepare a report to be submitted to the Council concerning any aspects of the proposed ordinance that the Council feels important in making a decision with regard to either of the other two options. The law is broad in the type of report that can be requested and the items to be included in the report, the only limitation being that the report will have to be returned to the Council within 45 days or not later than January 21, 1989. At that time, the Council would be required to take one of the other options provided by law. Mayor Hunter stated that although this is not a public hearing, he is opening the floor to those who wish to speak to the issue. Melody Burtt, 500 North Park Vista, Space #57, Anaheim, Ca. 92806, first deferred to the people who came to speak. The following people spoke in favor of the mobilehome rent stabilization ordinance giving their reasons why they feel it is imperative that it be adopted or put to a vote of the people as soon as possible: Mary Ellen Banbrock, 1400 South Douglass Street, Anaheim. As proponents of the mobilehome rent stabilization ordinance, they are urging the Council to reject the park owner's proposal for a delay in the scheduling of an election and instead adopt the ordinance by Council action. On November 16, 1988, they presented their petition initiative containing signatures of more than 23,000 registered voters in Anaheim. They are confident of winning when the initiative goes to a vote of the people. Park owners are hoping the Council 1138 175 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P.M, will add other items to a special election ballot. They are urging consideration of the most cost effective solution, that of adopting the ordinance by Council action. Don Zemer, 1400 South Douglass Road. He relayed his personal experience with rent increases in his park which have been in excess of 10% per year since he moved into the park ($148 to current rate of $529 per month). The rent stabilization ordinance is his only peace of mind. Twenty-nine coaches in his park are listed for sale but buyers are difficult to find because of high rents currently and the prospect of future increases. Wesley W. Willard, 520 North Park Vista. Park owners claim tenants already have rent stabilization via long-term leases. On the advice of Legal Counsel, many tenants did not choose to sign leases which they feel makes it possible for owners to continue to make increases far beyond the yearly percentage increase and elected pass-throughs as stated in the lease. As the signator of the Notice of Intention to circulate the petition, he has received three rent increases in 9 months totalling $103. Those who refuse to be intimidated and did not sign leases are victims of the park owner's wrath. Mobilehome owners need some protection now before it is completely out of hand. He implored the Council to expedite the mobilehome rent stabilization ordinance before them today. Margarette Long, 2300 South Lewis. She is a retired nurse. Her rent in 1976 was $111. Today it is $500, not including utilities. She cannot move but it is going to be impossible for her to stay. She is speaking for friends and other mobilehome owners who are facing this dilemma. Nelson Lucas, 1616 South Euclid. He and his wife moved to Anaheim two years ago to a mobilehome park because it was affordable housing. They were appalled over a 16.3% rent increase in two years and an impending increase of 16.7%. No further study is needed. Too many innocent people are being made to suffer. He questioned where young people and the elderly are supposed to go when this affordable housing is yanked out from under them. He urged adoption of the ordinance by the Council. Mariva Vincent, 2627 East La Palma. Those who refused to sign a 5-year lease feel they are being penalized by larger rent increases. They are in danger of losing their homes because of the exorbitant increases. The hardships on mobilehome owners must be taken into consideration. She urged the Council to vote for adoption of the ordinance. David Dudin, 1919 Coronet. He signed a lease after negotiating with the park operator for 1 1/2 years. He does not know what his park owners are going to do in 4 years. The City of Anaheim has given a mandate to the Council. They should follow that mandate and adopt the ordinance instead of expending funds for an impact study. Helen Harris, 320 North Park Vista. She first read and then submitted a letter written by Supervisor Tom Riley and sent to a park owner of at least 1139 176 City Hall, Anaheim, California - COUNCIL MINI3TES December 13, 1988, 1:30 P,M, six parks in Anaheim (see letter dated November 21, 1988 to G. J. Dougher, 197 Emerald Bay, Laguna Beach). In the letter Supervisor Riley explained that he had resisted supporting rent control in the past but is becoming increasingly concerned about the impact that rent increases are having on lower income persons in Orange County. She concluded that the time has come for the City's leaders to make a stand and put their vote where their moral obligations should be. Melody Burtt. Over 900 letters were mailed to the Council requesting adoption of the mobilehome rent stabilization ordinance. She has heard about property rights of mobilehome park owners but very little about the property rights of mobilehome owners. She then addressed the issues involved and also submitted documentation to quantify her remarks. Mobilehome owners have become economic hostages of the park owners. Rent stabilization is the right and moral thing. The issue is for everyone, not just grey-haired citizens. Increases of 20% are outrageous for those on fixed incomes or for those who are working. Many park owners lease the land on which the park is located so that they cannot sell the park out from under the mobilehome owners. They are not proposing rent stabilization for any other sector of the community. Historically rent stabilization does not spread into other areas, which is an important fact. They are not opposed to free enterprise or profit but to greed. The time is now for the City to join with over 70 other communities in the state who have a mobilehome ordinance as a viable working solution. The Police Officer's Association came out in favor of the initiative. They urged the Council to consider all the facts and the 8,000 people living in 23 mobilehome parks in the City and to help them to keep their homes. The Council must listen to the people who live here and not absentee park operators. The Council should come forward today and not in 45 days and support this moral issue. Robert C. Young, past Director of the California Association of Realtors. He asked that the Council adopt the ordinance immediately. Mayor Hunter asked if anyone wished to address the Council in opposition to the proposed ordinance. Vickie Talley, resident of Anaheim and Executive Director of the Orange County Mobilehome Par~ Owner's Association, the Manufactured Housing Educational Trust. It has been their experience in cities state-wide that rent control costs taxpayers hundreds of thousands of dollars. The financial and legal implications of rent control are far reaching. It is the Council's responsibility to inform voters of that and the Elections Code does provide a 45-day study period. It is important for the Trust to state that they are opposed to rent control because rent control benefits only those people living in mobilehome parks today. By the testimony given today, the proponents would have the Council believe that rent control will keep mobilehome park housing affordable for young people in the future who want to buy homes. The irony of rent control is that it does not keep housing affordable. The overall housing costs remain the same if not increased to the next-time home buyer and benefits accrue only to those residents currently living in mobilehome parks. No one benefits from rent control and the voters would not be protecting an affordable housing stock for future generations. 1140 173 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1:30 P.M. Another point is that the mobilehome park owners have provided a private subsidy program that works in tandem with the City's Section 8 Rental Assistance program. It is a County-wide advertised program. The vast majority of mobilehome park residents in the City can well afford to pay the rents. Their studies show that living in mobilehome parks is affordable. Councilman Daly then posed a line of questioning to the City Attorney relative to certain provisions of the ordinance as well as whether or not the provisions of the ordinance are in compliance with the state Constitution and what the impact would be on those mobilehome residents who currently receive Section 8 subsidies. City Attorney White. He can say without invading any privilege, regardless of the actions taken, there is high likelihood the City will be involved in litigation one way or the other. He has not formed an opinion at this time as to the validity of the ordinance for several'reasons - the first being the Council has not asked him to do so. Secondly, the ordinance, if adopted, provides that the City Attorney's office would be required to defend it as well as administer it. If he were to examine the ordinance and reach an opinion concluding all or part of the ordinance was invalid, if the ordinance were adopted, he would have a conflict of interest defending something he already formed an opinion was to the converse. Council Members then gave their input and comments on the proposed ordinance. Councilman Ehrle felt that the only way to resolve the issue is by taking it to the people and have them vote on it just as with all initiatives. They spring from the people and ultimately the people should decide. He feels, however, it is to their best interest that the Council first get an opinion on whether or not the initiative can be upheld. Councilman Hunter. He is against rent control but any time this many people have signed a petition initiative, it is saying there is a problem. He sincerely believes the Council ought to adopt the ordinance and he is going to offer it without alteration for first reading today and that it be adopted within ten days. Councilman Hunter offered Ordinance No. 4984 for first reading. ORDINANCE NO. 4984: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER TO THE ANAHEIM MUNICIPAL CODE PROVIDING PROCEDURES FOR THE REVIEW OF MOBILEHOME RENTS, AND ESTABLISHING A COMMISSION TO EXERCISE THE DUTIES AND POWERS PROVIDED THEREIN. Councilman Pickler. He does not and has not favored rent control. The people have done what it is their right to do in gathering a successful petition initiative. He feels it is also right that the people know what the cost of such an initiative is going to be to the City and is, therefore, going to request that a Fiscal Impact Report be submitted to the Council on its effects. Councilman Pickler moved that a Fiscal Impact Report be submitted to the Council for their consideration and analysis in order to determine the impacts of a mobilehome rent stabilization ordinance. 1141 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 P,M. Councilman Ehrle. He will second the motion only with the clarification that if the report comes back with the legal opinion that it is a valid instrument, he will be happy to support the offering of the ordinance for adoption. City Attorney White. He understands the motion offered by Councilman Pickler to be that the Council request a Fiscal Impact Report and at this time a second to that motion would be in order. If not, there will have to be another second. Councilman Ehrle withdrew his second. Councilwoman Kaywood thereupon seconded the motion stating that it is important to know what the effect will be. A vote was then taken on the foregoing motion calling for a Fiscal Impact Report to be submitted to the Council within 45 days. Councilman Hunter voted no. MOTION CARRIED. Later in the meeting, City Clerk Sohl clarified that the ordinance has been offered for introduction but the City Attorney feels that the motion requesting the study takes precedence over the ordinance and, therefore, the ordinance will not be on the Council agenda of December 20, 1988 for adoption but will be shown for adoption at the same time the report is submitted to the Council which will be within 45 days from December 7, 1988 or sooner: the Council concurred that was the intent. RECESS: By general consent the Council recessed for ten minutes. (3:21 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:41 p.m.) 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3062 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Thrifty Oil Company 1000 Lakewood Blvd., Downey, CA 90240 AGENT: Tait and Associates Inc. Attn: Richard Tait 800 N. Eckhoff St., Orange, CA 92613 LOCATION/REQUEST: The property is located at 3101 East La Palma Avenue. The request is to permit a convenience market with gasoline sales, fast food service and off sale of beer and wine with waivers of (a) permitted encroachment of trash enclosure into required front yard area and (b) minimum landscaping adjacent to interior boundary lines. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3062 was denied by the Planning Commission under Resolution No. PC88-270; Waiver of Code Requirement was denied by the Planning Commission; approved Negative Declaration. 1142 171 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1:30 P.M. HEARING SET ON: The decision of the Planning Commission was appealed by the Applicant, Richard Tait. This matter was continued from the meeting of November 15, 1988, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 3, 1988. Posting of property November 4, 1988. Mailing to property owners within 300 feet - November 3, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 26, 1988. Mayor Hunter asked to hear from the applicant or applicant's agent. APPLICANT'S STATEMENT: Mr. Korndoerfer, Thrifty Oil Company. His comments are in relation to the reasons for denial as stated by the Planning Commission, the major concern being that of traffic. Many of the things they are doing will improve traffic in the area. The existing gasoline station does not draw traffic into the area. There is existing drive-by traffic. The proposed mini-mart will not impact traffic. He then referred to the parking utilization study that was submitted along with a photo of the property as it stands at the present time. (See, "Data/information regarding traffic at gas station mini-marts" - made a part of the record). Additional traffic is negligible due to the fact that they will lose some customers because the facility will now be an exclusively self-service station. The site was designed after conversations with the City Traffic Engineer. The redesign of the site will eliminate the current problem of cars stacking close to the street. There will be no need for gas customers to relocate their vehicles when paying because they will be close to the front door. They have also dedicated 12 feet on both street frontages for the critical intersection program. The reason for denial based on traffic is unfounded. The project will benefit traffic because of better on-site circulation and street dedication. He then referred to the land use study which was completed, the results of which were posted on the Chamber wall indicating where a person can now obtain beer and wine in the area during lunch time. People who desire beer and wine at lunch will go to those locations where they can consume it legally. Thrifty will take all responsible steps to manage the sale of beer and wine. He then spoke to the reasons for Planning Commission denial of the request and concluded that for the reasons addressed in his presentation - that there will be improved traffic, improved aesthetics of the site, better on-site circulation, increased 1143 172 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P.M. landscaping and serving a need in the community that the project will be a benefit to the community. He is requesting that approval be granted. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. Paul Singer, Traffic Engineer. Staff has worked closely with the applicant in trying to design the station so that it will meet all the necessary criteria. The applicant has mitigated all traffic impacts by dedicating for critical intersection standards and has relocated driveways to the far side of both streets. When the intersection is reconstructed some time in the future to critical intersection standards, at that point a median will be constructed on Kraemer eliminating left-turns. Parking has been provided to Code including the five additional spaces that the City Council has required to be added to any food services. He confirmed for Councilman Pickler that the intersection at present is extremely busy and currently operates in excess of capacity. Councilman Pickler. He has no problem with the mini-mart proposed but he has lived in that area and the traffic is horrendous. He does not believe that the addition of a convenience market will not affect traffic adversely at that corner. It is putting too much in that one location. As reported by the Traffic Engineer, the critical intersection program for that location is not scheduled until 1991. Mr. Korndoerfer. Relative to the concerns expressed by Councilman Pickler, staff and the Planning Commission concurred that what they are going to do with the site is going to improve traffic. Councilman Ehrle. He agrees with Councilman Pickler regarding traffic at the intersection. However, he would like to see the best of both worlds. He asked Mr. Korndoerfer if he would agree to eliminate the request for sale of beer and wine which would eliminate a lot of the traffic concerns expressed by Councilman Pickler. Mr. Korndoerfer. He answered that Thrifty cannot drop the proposal for the sale 1144 169 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1~30 P,M, of beer and wine. The proposal is a very positive one. They do not believe that beer and wine is a large traffic generator, it is not a large percentage of sales, and it does not take a large percentage of floor area but it is a large percentage profit. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, 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-425) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-425 for adoption, denying Conditional Use Permit No. 3062. Refer to Resolution Book. RESOLUTION NO. 88R-425: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3062. Roll Call Vote: AYES' NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 88R-425 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2963 AND NEGATIVE DECLARATION - EXTENSION OF TIME AND MODIFICATION OF CONDITION NO. 7: APPLICANT: AGENT: RodolfoIMontejano The Ros~ Professional Center 856 North Ross Street, Suite 250, Santa Aha, CA 92701 LOCATION/REQUEST: The property is located at 3242 West Lincoln Avenue (southeast corner of Lincoln Avenue and Westchester). The petitioner is requesting an extension of time and modification to Condition No. 7 to delete current age restriction, and permit on-premises sale and consumption of beer in an existing billiard parlour and amusement arcade on CL zoned property. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 1, 1988. Posting of property December 2, 1988. Mailing to property owners within 300 feet - December 2, 1988. 1145 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1:30 P.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 9, 1988. APPLICANT'S STATEMENT: Rodolfo Montejano, Attorney, 856 North Ross Street, Suite 250, Santa Ana, CA 92701, representing the applicant Mrs. Peters. This is a continuance of an ongoing matter. About this time last year (see minutes of the meeting of January 12, 1988). The Council granted permission for the business to sell beer. At the time, the age restriction became an issue. The Council took the position they would give Mr. & Mrs. Peters a one-year trial allowing the sale of beer and if all went well, the matter would be looked at again. In the interim, Mr. Peters has passed away and Mrs. Peters is running the business with her family. As the staff report indicates, there have been no problems on the premises at all and Code Enforcement and the police will confirm that is true. The issue is not the sale of beer or the age restriction, but it is one of supervision. The family has provided the supervision necessary to clean up any problems or potential problems. The petitioner is now requesting modification of Condition No. 7 which is the deletion of the 21-year age restriction. There are many potential customers who try to patronize the business bug who are unable to do so because of that restriction. There are married persons with a spouse under the age of 21, boyfriends with girlfriends, parents with children trying to play pool but who cannot participate. This has caused undue hardship financially on Mrs. Peters. He is urging on behalf of his client that Condition No. 7 be modified. Mrs. Pauline Peters, 21851 Newmann, Space #216, Huntington Beach. She is the owner of the business at 3242 West Lincoln. The way the restriction on her property stands it is very hard on her. There is not a day that goes by that she has to send her customers to other businesses which has hurt her business over the past year because of the 21-year age restriction. There are families with small children who come to the center as well as young women who come with their children and who are not capable of paying for babysitters. She then answered questions posed by the Mayor wherein she reported that she, as well as members of her family run the business on a day-to-day basis covering all the hours the business is open. There have been no problems over the past year. Annika Santalahti, Zoning Administrator. Answering the Mayor, Police and Code Enforcement representatives are present. Staff has gone to the site and contacted businessmen in the immediate shopping center where the business is located. There are no complaints and they were questioned 1146 167 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1~30 about a number of issues specifically regarding the complaints that were received previously over a year ago. During the year, no complaints have been received by staff. The record over the past year has been good. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. She feels that a 6-month trial would be in order to determine whether or not the sale of beer combined with dropping the age restriction will be a problem. She could not go along with a full year. Councilman Pickler. Code Enforcement is fully aware of the situation and are in the area frequently. He feels a year is a good probationary period. A Negative Declaration regarding and Environmental Impact Report was previously approved on the project on January 12, 1988 and therefore no further action is required. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-426) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. City Attorney White recommended that in offering a resolution of approval that it be an amendment of two conditions - Condition No. 7 would be deleted and Condition No. 11 which provides that the use would expire on January 12, 1989, that that would be changed to January 12, 1990 and that additional language be added that will provide for further extensions to be retained in Condition No. 11. In a year if there is no problem, it could come back and another extension considered. Councilman Pickler offered Resolution No. 88R-426 for adoption, granting the petitioner's request for an extension of time and modification of Condition No. 7 to delete the age restriction incorporating by reference the foregoing statements of the City Attorney. Refer to Resolution Book. RESOLUTION NO. 88R-426: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2963 AND AMENDING RESOLUTION NO. 88R-14. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None 1147 168 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 P,M, The Mayor declared Resolution No. 88R-426 duly passed and adopted. 179; PUBLIC HEARING CONDITIONAL USE PERMIT NO. 3079 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Dr. R. S. Minnick and Jan W. Minnick 12269 Sky Lane, Los Angeles, CA 90049 LOCATION/REQUEST: The property is approximately 0.43 acres located at the southeast corner of Orangethorpe Avenue and Lemon Street. The request is to permit an on-premises sale and consumption of beer and wine in a fast food restaurant. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3079 was granted by the Planning Commission under Resolution No. PC88-304; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of November 15, 1988, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 1, 1988. Posting of property December 2, 1988. Mailing to property owners within 300 feet - December 2, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 24, 1988. Mayor Hunter asked to hear from the applicant or applicant's agent; there was no response. The City Clerk also confirmed that no request for a continuance had been received. Mayor Hunter then asked to hear from those present either in opposition or in favor of the requested G0nditional Use Permit; there being no response, he closed the public hearing. Questions were posed to staff by Council Members. The Zoning Administrator explained that the beer and wine in this case would be served to a patron ordering at a counter and who would then consume food and beverages ordered at a booth or table. The beer and wine is in an open container and has to be drunk on premises. City Attorney White stated that the Alcoholic Beverage Commission prohibits anyone from taking a container with alcoholic beverages either through take-out or off the premises. It has to be in a prepackaged container to be moved. The application is for consumption in an enclosed area on premises. 1148 165 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 P.M. After the Council directed additional questions to staff for purposes of clarification, City Attorney W~ite stated that the Council has three choices - (1) to continue the public hearing so that the applicant or a representative can address the Council, (2) deny the application for lack of evidence in the record or, if the Council approves the application, (3) it would be necessary to incorporate the documentation as the evidence - the staff report in the application along with the action of the Planning Commission. Paul Singer, Traffic Engineer. Relative to the parking, 18 spaces per 1,000 square feet are normally required for a restaurant of this size; however, 2/3 of the restaurant is taken up by kitchen and cooking facilities. There are eight tables which seat two people each and five stools. Based on that, the parking waiver was granted because the actual eating area is~very small. Councilwoman Kaywood. Inasmuch as a Conditional Use Permit is involved, if there are problems in the area, the Council will hear about them and the permit can be set for a revocation. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Ehrle, 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-427) 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-427 for adoption, granting Conditional Use Permit No. 3079, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 88R-427: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3079. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter Pickler None The Mayor declared Resolution No. 88R-427 duly passed and adopted. 1149 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P,M~ 179: PUBLIC HEARING - VARIANCE NO. 3854, CATEGORICALLY EXEMPT, CLASS 5: APPLICANT: OWNERS: Atlantic Richfield Company P.O. Box 2679, Term. Annex, Los Angeles, CA 90051 AGENT: Henry King 17315 Studebaker Rd., Cerritos, CA 90701-1480 LOCATION/REQUEST: The property is located at 5700 E. La Palma Ave. (ARCO AM/PM). The request is to expand a parking area for an existing service station/convenience market with waiver of improvement of required setback adjacent to Imperial Highway. PLANNING COMMISSION ACTION: Variance No. 3854 was granted by the Planning Commission, under Resolution No. PC88-298; determined the project categorically exempt from the requirement to prepare an Environmental Impact Report. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilwoman Kaywood, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 1, 1988. Posting of property December 2, 1988. Mailing to property owners within 300 feet - December 2, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 24, 1988. APPLICANT'S STATEMENT: Bill Reynolds, Atlantic Richfield Company, Cerritos. They went to the Planning Commission for a solution to a problem. They w~r~ requesting a waiver to add 10 parking ~paces on what is now a planter on the west side of their property. As a result of putting in more spaces and trying to upgrade an already poor planter area, they have encountered requests to dedicate property, install curbs and gutters, install right-turn lanes, reconstruct driveways, etc. or approximately $60,000 in off-site improvements which does not make sense to him. They are asking for approval of the variance request to allow 10 more parking spaces on the west side of the property and to upgrade and make the planter a beautiful one but relieve them of the responsibility of $60,000 for off-site improvement. Councilman Pickler. He is familiar with the property and more parking is needed. Getting those spaces is imperative. He does not know if the 1150 163 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P,M. landscaping is sufficient and wants to be sure the landscaping that is installed will hide what is behind it. Annika Santalahti, Zoning Administrator. In the Scenic Corridor, substantially more landscaping is required next to the street than typical. Normally a 3-foot planter is adequate but the Scenic Corridor requires either 20 feet when it is flat, fully landscaped, or will accept a 14-foot wide landscape strip when there is a berm in it, the idea being the berm will emphasize the greenery in landscaping. In this case, the applicant is asking to drop it down to 3 feet. It is possible for them to landscape part of the right-of-way area in addition to their own 3-foot portion. She was going to suggest that relative to Condition No. 7, the Council may wish to insert, "provided that there shall be a minimum of one tree every 20 feet or every 10 feet, minimum 10 gallon size with a ground cover permanently maintained and irrigated." Councilman Pickler asked Mr. Reynolds if he would be willing to stipulate to that and that he will work with staff. His response was there is no problem in so stipulating. Their objection is to paying $60,000 for off-site improvements. Ron Kendricks, Kendricks & Associates, 616 West Commonwealth Avenue, Fullerton. Item 1 in the staff report requires a 12-foot dedication on both streets. He met with staff on that item. Imperial Highway is already very wide and staff is studying the situation right now. They believe they do not need 12 feet on Imperial and less than 12 feet on La Palma. He is wondering if the variance is approved, could the condition be worded for 12 feet or a lessor amount as determined by City staff. Paul Singer, Traffic Engineer. He believes there is a slight error. The dedication is required on La Palma and not on Imperial. Imperial is wide enough to accommodate a critical intersection. Otherwise, he does not have a problem with the wording suggested by Mr. Kendricks. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council determined that the proposed activity falls within the definition of Section 3.01, Class 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. 1151 164 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-428) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-428 for adoption, granting Variance No. 3854, modifying Condition No. 1 eliminating dedication along Imperial Highway and modification of Condition No. 7 that the landscaped planters along Imperial Highway and La Palma Avenue shall minimally consist of ground cover with minimum 10-gallon size trees planted at a minimum 10 to 20-foot centers. Refer to Resolution Book. RESOLUTION NO. 88R-428: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3854. Roll Call Vote: AYES' NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 88R-428 duly passed and adopted. 114/142: STARTING TIMES FOR THE TWO NIGHT COUNCIL MEETINGS PER MONTH: Submitted was joint report dated December 8, 1988 from the City Attorney and City Clerk, recommending approval of the proposed evening meeting format recommended in the report as well as adoption of the proposed ordinance regarding same. Mayor Hunter. The staff report recommends that the starting times for the two evening Council meetings to be held on the first and third Tuesdays of each month: Closed Session starting time - 4:00 p.m. City Business Portion starting time - 5:30 p.m. Public Hearings starting time - 7:00 p.m. Councilman Pickler. He feels there should be four night meetings with ample time to have dinner. City Attorney White then explained the rationale behind staff's starting time recommendations noting that if the Council wishes to have a dinner break, that can be arranged with a change in the time and do as is done now for lunch break by arranging to have food brought into the Council Conference Room where Closed Sessions are held. Mayor Hunter favored staff recommendations relative to starting times and food brought in for dinner if necessary: 1152 161 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 P,M. Councilman Daly stated he feels the proposed schedule is very efficient and will use Council and staff time very effectively. He fully supports the proposed schedule. Councilwoman Kaywood was also in favor of the proposed meeting time schedule. Councilman Hunter offered Ordinance No. 4985 for first reading, establishing two night meetings per month on the first and third Tuesdays with the Closed Session at 4:00 p.m., City Business portion at 5:30 p.m. and Public Hearings at 7:00 p.m. ORDINANCE NO, 4985: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MEETINGS OF THE CITY COUNCIL. 142/114: ESTABLISHMENT OF A BLUE RIBBON CHARTER COMMITTEE TO REVIEW THE CITY CHARTER: Discussion to consider establishing a Blue Ribbon Committee to review the City Charter. The discussion was requested by Mayor Hunter at the meeting of November 29, 1988 and continued from the meeting of December 6, 1988, to this date. Submitted was joint report (City Manager and City Attorney) dated December 9, 1988 concerning composition and staffing needs of the proposed Charter Review Committee. (The staff report gave an historical perspective of the Charter Review Committee established by the City Council in 1978 which included the staffing provided, the review procedure followed and finally a recommendation that the current Charter Review Committee the Council proposes be established consist of no more than ten Council appointees along with a possible schedule of Charter Review Committee activities starting with the appointment of the Committee on January 10, 1989 and ending with possible ballot measures to be voted on at the November 6, 1990 General Municipal Election). The City Attorney briefed the report after which he also stated that what could also be provided the Committee are the materials the previous Committee worked with. There were about 22 or 23 different Charter Amendments proposed by either City staff, Council Members or members of the Committee. He believes that eight were subsequently recommended to the Council by the Committee. The Council set_seven for the ballot and of those seven, four were adopted by the voters and three rejected. It is also his recommendation if the Charter "housekeeping" measures go back on the ballot, that they be separated and not voted in a group as in the last Election. Further, they could not be adequately explained in the ballot argument because of word limitation. Following additional questions posed to the City Attorney by Council Members, Councilman Ehrle stated he would like to follow the staff recommendation of having a Charter Review Committee of ten people and further he will recommend for discussion purposes that each Council person appoint one member of the Committee and through a majority of the Council an additional five people and that letters of interest be solicited from those who would be~interested in serving on the Committee. 1153 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P~M. Councilman Pickler moved to establish a 10-Member Blue Ribbon Charter Review Committee. Councilman Ehrle seconded the motion. MOTION CARRIED. Further Council discussion followed revolving around how the 10-Member Committee would be appointed and when. During the discussion, Councilman Pickler recommended since the Council has now established there will be a 10-Member Blue Ribbon Charter Committee that the Council continue a discussion on the process for selection of the 10 members to the meeting of December 20, 1988. It was determined by a Council consensus that the discussion take place on that date. Katherine Davison, West Falmouth Avenue, asked to speak and first stated that the establishment of such Committee was very much needed. She then stated that she has appeared three times before the Council and she is suggesting that the Consent Calendar section of the agenda must be controlled. She asked how she could put before the Committee a suggestion to control what passes through the Consent Calendar. The Council should include ways for the public to give input to the Charter Review Committee deliberations. City Attorney White. He explained that the Committee just established will be subject to the Brown Act and, therefore, all of its meetings will be open to the public. As required by law, there is to be a place on the agenda where the Committee takes input from the general public. Anyone who has a suggestion germaine to amending the Charter will be free to attend the meetings and give their input. The meetings will be properly noticed and anyone can attend. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. 179/170: ITEMS C1 C12 FROM THE PLANt, lNG COMMISSION MEETING OF NOVEMBER 21, 1988 INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 13, 1988: Cl. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3076 AND NEGATIVE DECLARATION: OUNER~: EXXON CORPORATION, 1200 Smith St., Houston, Texas 77210-4415 AGENT: TAIT AND ASSOCIATES, 800 N. Eckhoff, Orange, CA 92613 LOCATION: 2791 East Lincoln Avenue To permit a convenience market with gasoline sales, fast food sales and off-sale beer and wine with waiver of minimum enclosed retail sales area. CUP NO. 3076 DENIED by the Planning Commission, PC88-314. Waiver of Code Requirement DENIED by the Planning Commission. Approved Negative Declaration. Letter of appeal submitted by the Agent, Tait and Associates. The Planning Commission's decision was appealed by the applicant and therefore, a public hearing is scheduled for January 10, 1989 at 3:00 p.m. 1154 159 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P,M. C2, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3084 AND NEGATIVE DECLARATION; OWNERS: CELISTINO ARRABACAAND MELISSA ARRABACA, P.O. Box 280, Orange, CA 92666 LOCATION: 1314 South Iris Street To convert a 4-unit apartment complex to a 13-room senior citizen board and care facility with waiver of minimum number of parking spaces. CUP NO. 3084 GRANTED by the Planning Commission, PC88-315. Waiver of Code Requirement APPROVED by the Planning Commission. Approved Negative Declaration. C3. 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 Ana 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 centerline 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. Specimen Tree Removal No. 88-11 APPROVED by the Planning Commission. Tentative Tract No. 13716 APPROVED by the Planning Commission - no action taken by Council at the meeting of November 29, 1988, Item C13. Approved Negative Declaration. C4. CONDITIONAL USE PERMIT NO. 3094 AND NEGATIVE DECLARATION: OWNER: STEPHEN K. CHEUNG, 4179 Pepper Ave., Yorba Linda, CA LOCATION: 2130 W. Alameda Avenue To convert an existing recreation building to a security guard residence. 92686 CUP NO. 3094 GRANTED by the Planning Commission, PC88-316. Approved Negative Declaration. C5. CONDITIONAL USE PERMIT NO. 3095 AND NEGATIVE DECLARATION: OWNER: CHARLES H. PHILLIPS and LINDA PHILLIPS, 5475 East La Palma, Anaheim, CA 92807 LOCATION: 5475 East La Palma Avenue To permit an 8,848 square foot physical therapy/fitness center. CUP NO. 3095 GRANTED by the Planning Commission, PC88-317. Approved Negative Declaration. 1155 160 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 P.M. C6. WAIVER OF CODE REQUIREMENT, WAIVER OF COUNCIL POLICY NO, 543, CONDITIONAL USE PERMIT NO, 3096 AND NEGATIVE DECLARATION: OWNERS: JAMES M. RIGHEIMER, 10101 Slater Ave., Suite 102, Anaheim, CA 92708 LOCATION: 3601 West Ball Road To permit a 3-story, 43-unit, senior citizen apartment complex with waiver of minimum building site area per dwelling unit. CUP NO. 3096 GRANTED by the Planning Commission, PC88-318. Waiver of Code Requirement APPROVED by the Planning Commission. Waiver of Council Policy No. 543 APPROVED by the Planning Commission. Approved Negative Declaration. C7. WAIVER OF CODE REQUIREMENT, WAIVER OF COUNCIL POLICY NO7 543, CONDITIONAl, USE PERMIT NO. 3099 AND NEGATIVE DECLARATION: LOCATION: 925 South Gilbert Street OWNER: GILBERT MEDICAL PARTNERSHIP, 925 S. Gilbert Street, Anaheim, CA 92804 AGENT: MEHDI ZADEH, Post Office Box 3868, Mission Viejo, CA 92804 To permit a 2-story 24-unit senior citizen apartment complex with waiver of minimum building site area per dwelling unit. CUP NO. 3099 GRANTED by the Planning Commission, PC88-319. Waiver of Code Requirement APPROVED by the Planning Commission. Waiver of Council Policy No. 543 APPROVED by the Planning Commission. Approved Negative Declaration. The Planning Commission's decision was appealed by S. Clarke Smith, M. D. and therefore, a public hearing is scheduled for December 20, 1988. C8. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3098 AND NEGATIVE DECLARATION: OWNER: POTTERS INDUSTRIES INC., 377 Route 17, Hasbrouck Hgts., New Jersey, 07604 AGENT: ROBERT W. GUTHRIE, BURKE COMMERCIAL DEVELOPMENT, 42 Corporate Park, #210, Irvine, CA 92714 LOCATION: 1255 South Lewis Street To establish a 17 lot industrial subdivision with industrial related sales businesses and office uses with waiver of required lot frontage. cup NO. 3098 GRANTED by the Planning Commission, PG88-320. Waiver of Code Requirement APPROVED by the Planning Commission. Approved Negative Declaration. C9. RECLASSIFICATION NO. 88-89-21 AND NEGATIVE DECLARATION: OWNERS: CLYDE C. AND ROBERTA K. FINCH, 327 S. State College Blvd., Anaheim, CA 92805 AGENT: ARLIN STEINBRINK, 33781 Bayside Lane, Dana Point, CA 92629 LOCATION: 327 South State College Boulevard For a change in zone from RS-7200 to CL. To expand the parking area of an existing restaurant (Sizzler). 1156 157 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 Reclassification No. 88-89-21 APPROVED by the Planning Commission, PC88-321. Approved Negative Declaration. C10. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 2720 AND NEGATIVE DECLARATION' OWNER: CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, 50 E. North Temple, Salt Lake City, Utah 84150 AGENT: WESTPORT CENTERS, INC., Attn: William Todd, 1601 Dove Street, Suite #155, Newport Beach, CA 92660 LOCATION: Property is approximately 7 acres on the north side of Medical Center Drive approximately 585 feet west of the centerline of Euclid Street. To add waivers of (a) minimum number of required parking spaces and (b) height and type of required wall, in an existing 179-unit Senior Citizen Congregate Care and Skilled Nursing Facility CUP NO. 2720 GRANTED by the Planning Commission, PC88-322. Waiver of Code Requirement APPROVED by the Planning Commission. Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: Cll. PHASE 1: Housing Study I: Task 1 Development vs. Apartment. Review of Condominium APPROVED by the Planning Commission. C12. Phase 1: Housing Study I: Task 2 Review of specific multiple-family site development standard including multiple-family deck housing developments. APPROVED by the Planning Commission. Councilwoman Kaywood noted that the Planning Commission, at their meeting of November 21, 1988, that amongst other direction to staff, that staff request a joint meeting workshop on both condominium development vs. apartments and review of specific multiple-family site development standards including multiple-family deck housing developments. Joel Fick, Planning Director. If it is Council's desire to have a joint work session, staff will be happy to go through each item individually and explain the Commission's recommendation and the background information as it relates to the recommendations. He suggests that such a work session be scheduled in approximately eight weeks from now to allow the City Attorney and Planning staff to draft the ordinances so that it could be an action-oriented meeting. After a brief Council discussion, Mayor Hunter suggested that the date for the work session be set by staff and that it start at 2:00 p.m. or perhaps 2:30 p.m. on a Council meeting held the first or third Tuesday of the month. 1157 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1~30 P,M, He is very much in favor of having this follow-up work session which was discussed at the work session previously held with the Planning Commission. 170: ITEM C13 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 5, 1988 - INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 15, 1988: C13. TENTATIVE TRACT NO. 13745 AND NEGATIVE DECLARATION- OWNER: MAGDY HANNA, 4400 Mac Arthur Blvd., 9th floor, Newport Beach, CA 92660 LOCATION; 3333, 3335 and 3335-1/2 West Ball Road To establish a 12-unit condominium subdivision. Tentative Tract No. 13745 APPROVED by the Planning Commission. Approved Negative Declaration. End of the Planning Commission Items. MOTIONS CARRIED. WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 4979 through 4981, both inclusive) Councilman Pickler moved to waive the reading in full of the ordinances. Councilman Ehrle seconded the motion. MOTION CARRIED. 179: ORDINANCE NOS. 4979 THROUGH 4981 (ADOPTION): Councilman Pickler offered Ordinance Nos. 4979 through 4981, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 4979; 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. 87-88-08 located at 5635 E. La Palma Avenue, from ML(SC) to CL(SC)) ORDINANCE NO. 4980: 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. 87-88-40 located at 719 and 723 West La Palma Avenue, from CG to RM-1200) ORDINANCE NO. 4981: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MIINICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 87-88-49 located at 1226, 1234, 1228 South Western Avenue, and 3159 West Lanerose Avenue from RS-A-43,000 to RM-3000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance Nos. 4979 through 4981, both inclusive, duly passed and adopted. 1158 155 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P.M, WAIVER OF READING ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4982) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Ehrle seconded the motion. MOTION CARRIED. 170/142; ORDINANCE NO, 4982; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.04.160 OF CHAPTER 17.04 AND SECTION 17.06.281 OF CHAPTER 17.06, OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GRADING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance No. 4982 duly passed and adopted. 179: ORDINANCE NO. 4986 (INTRODUCTION); Councilman Hunter offered Ordinance No. 4986 for introduction. ORDINANCE NO. 4986: 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. 88-89-06 located at 400 West Vermont, from RS-7200 to RM-1200 114/172/134: DISCUSSION - SETTING A PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 210 (CIRCULATION ELEMENT - CRITICAL INTERSECTIONS) AND A WORK SESSION ON TRANSPORTATION NEEDS IN ANAHEIM: Councilman Daly noted that last week in discussing the critical intersection plan, they did not get to the heart of the question. He asked the City Attorney if the Council should in the future want to change the plan in any way by deleting intersections or adding intersections what steps would be required to do so. City Attorney White explained that the critical intersections are part of the circulation element of the City's General Plan. By sgate law as well as the Municipal Code, the City is required to have public hearings relating to any change in that plan. Those hearings start with the Planning Commission who makes a recommendation to the Council. The Planning Commission would hold a public hearing, make a recommendation to the Council and the Council would then schedule a public hearing and either approve that recommendation or take some other action. Therefore, it would require two public hearings - one before the Planning Commission and one before the Council. The City Council, City staff or the Planning Commission can initiate a public hearing. Certain General Plan Amendments that relate to specific properties can be initiated by property owners. If the Council is considering rescinding something previously approved under General Plan Amendment No. 210 which was adopted in August, 1988, it would not have to go back to the Planning Commission because the Council has already received the Planning Commission's recommendation. If it is to add or modify other than to simply delete certain intersections or 1159 .156 City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1988, 1;30 P.M. all of them, then it would have to go back through the Planning Commission to get their recommendation. Councilman Daly. As he understands, if the plan is to be expanded, it goes back to the Planning Commission but if reduced, it would not necessarily have to go back. He would like to propose that a public hearing be held on the plan before the Council and that it be set for the meeting of January 17, 1989. City Attorney White. Since the subject is not on today's agenda, he suggests that it be placed on next week's agenda and the Council could take action at that time to set a public hearing unless they wished to waive the Brown Act today. He also suggested that some consideration should be given as to what type of staff report or input the Council would like from either the City Engineer's Office, Planning or anybody else to make certain there is adequate time to give the Council any information they might want before the hearing. Mayor Hunter interjected and explained that he and Councilman Daly attended a meeting of the hotel/motel people on Monday and it appears that two intersections are causing a problem. Almost all persons opposed to the critical intersection plan, if they were included in a discussion of just those two intersections, a lot of the problems could be alleviated and perhaps the opposition that was no on "D" would have said yes on "D". Those two intersections are causing 99.9% of the discussion in opposition - the intersections are Harbor and Katella and Ball and Euclid. There was a great deal of discussion and a number of ideas brought forth at the meeting. Councilman Daly. He has concerns with the scope of the plan beyond the two intersections that were discussed and the affordability of the plan compared to the City's other transportation and public works needs. He is concerned with the practicality of the plan based on the amount of money in the City. Councilwoman Kaywood. She cautioned this is a major item which has been discussed and studied for years by staff. Traffic and transportation are the number one items of concern of the people in Anaheim and Orange County. It means planning ahead and the City cannot be so short sided as to drop what they have initiated and start with something else. If they lose what they have now, the opportunity may never come again. The plan does nog have t0 be executed but a~ least the vehicle for doing so is in place. City Manager Simpson noted that the Council previously gave staff direction to put together a workshop on critical intersections and that it be a date in January. Councilman Daly clarified that the request for a workshop was to discuss all transportation needs in the City and not just critical intersections. Ail of his comments last week were toward the idea that they needed to consider the critical intersection plan as part of the entire package of transportation needs in Anaheim which would include the status of the freeway widenings through Anaheim, freeway interchanges, status of public transit planning, etc. 1160 153 City Hall, Anaheim, California - COUNCIL MINUTES December 13, 1988, 1;30 It was determined before concluding that the Council wished to have a date set for a workshop which would cover the entire scope of the City's transportation needs including the critical intersection plan. ADJOURNMENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (5:54 p.m.) LEONORA N. SOHL, CITY CLERK 1161