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1986/04/2215 7 City Hall; Anaheim; California - COUNCIL MINUTES - April 22; 1986; 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRES ENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest CITY ENGINEER: Gary E. Johnson TRAFFIC ENGINEER: Paul Singer MAINTENANCE DIRECTOR: John Roche ASSISTANT DIRECTOR FOR ZONING: Paul Singer ASSISTANT PLANNER: Greg Hastings ASSISTANT PLANNER: Leonard McGhee Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Don Dexter, 1st Presbyterian Church, gave the Invocation. FLAG SALUTE: Mayor Don Roth led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Professional Secretaries Week in Anaheim, April 20-26, 1986, Victims' Rights Week in Anaheim, April 20-26, 1986. Becky Pittman accepted the Professional Secretaries Week proclamation. 119: RESOLUTION OF RECOGNITION: A Resolution of Recognition was unanimously adopted by the City Council to be presented to John Mallot, Power Dispatcher - Utilities Department, upon his retirement from the City after giving 25 years of dedicated and valuable service as a City employee. MINUTES: Councilwoman Kaywood moved to approve the minutes of the meeting held April 8, 1986. Councilman Roth seconded the motion. Councilman 0verholt was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Roth seconded the motion. MOTION CARRIED. 273 1'58 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,072,577.43, in accordance with the 1985-86 Budget, were approved. Councilman Overholt entered the Council Chambers. (10:16 a.m) CITY MANAGER/DEPARTMENTAL CONSENT CAr.RNDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickier offered Resolution Nos. 86R-149 through 86R-154, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4708 for first reading. 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 Montgomery Ward Insurance Company (James Ward, Insured) for property damage sustained purportedly due to actions of the City on or about January 29, 1986. b. Claim submitted by James Pace Ward for bodily injury sustained purportedly due to actions of the City on or about January 29, 1986. c. Claim submitted Marvin Wolfe for bodily injury sustained purportedly due to actions of the City on or about February 7, 1986. d. Claim submitted by Yvonne Lohstroh for bodily injury sustained purportedly due to actions of the City on or about February 15, 1985. e. Claim submitted by Joseph D. Sohn for property damage sustained purportedly due to actions of the City on or about February 17, 1986. f. Claim submitted by David L. Vanduisen for bodily injury sustained purportedly due to actions of the City on or about December 21, 1985. g. Claim submitted by Miguel Cruz for property damage sustained purportedly due to actions of the City on or about March 5, 1986. h. Claim submitted by Reo and Antonia T. Spicer for property damage sustained purportedly due to actions of the City on or about September 20, 1985 and February 15, 1986. i. Claim submitted by Elizabeth Yffert for property damage sustained purportedly due to actions of the City on or about March 8, 1986. J. Claim submitted by All-Bann Enterprises, Inc. for property damage sustained purportedly due to actions of the City on or about December 5, 1985. k. Claim submitted by Tower Systems International for personal injury sustained purportedly due to actions of the City on or about October 16, 1985. 274 155 City Hallt Anaheim~ California - COUNCIL MINUTES - April 22t 1986~ 10:00 A.M. 1. Claim submitted by Kathy A. Goudie for property damage sustained purportedly due to actions of the City on or about February 6, 1986. m. Claim submitted by Ronson Equity Management, Inc. for equitable and comparative indemnity, partial indemnity for personal injury and property damage sustained purportedly due to actions of the City on April 21, 1982. o. Claim submitted by Phillip D. Royster amended claim for property damage sustained purportedly due to actions of the City on or about December 26, 1985. Application for Leave to Present Late Claim - recommended to be denied: p. Claim submitted by Lydia Rodriguez for bodily injury sustained purportedly due to actions of the City on or about September 30, 1985. q. Claim submitted by L. & S. Construction for property damage sustained purportedly due to actions of the City on or about July 2, 1985. 2. Receiving and filing the following correspondence: (on file) a. 105: Community Redevelopment Commission, Minutes of March 12, 1986. b. 107: Planning Department, Building Division Report for the month of March 1986. c. 105: Public Utilities Board, Minutes of March 6, 1986. 3. 155/164: Approving the Negative Declaration for the construction of a storm drain in Valley Street between Broadway to Orange Avenue. 4. 155/164: Approving the Negative Declaration for the construction of a storm drain in Haster Street between Wakefield Avenue and Orangewood Avenue. 5. 155/164: Approving the Negative Declaration for the construction of a storm drain in Citron Street between Chartres Street and Lincoln Avenue. 6. 155/152/175: Authorizing the Human Resources Director to solicit proposals and interview executive search firms specializing in the utilities e~ineerl~ field and to negotiate an agreement with the selected firm for recruitment of a Power Resource Planning Engineer. 7. 123/101: Authorizing an agreement with Michael McKay in an amount not to exceed $29,375 annually to operate the video/matrix scoreboard at Anaheim Stadium, effective April 1, 1986. 8. 175/123: Authorizing an agreement with the Municipal Water District of Orange County (MWDOC) approving the detachment, settling the litigation related to the detachment, and the transfer of the City's portion of the accumulated reserves in the amount of $979,142 to the City Fund 51, with payments starting March 2, 1989. 275 156 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. 9. 155: Authorizing the Mayor to sign and send letters to members of the community to be identified by Council inviting them to participate in the Strategic Planning Process as members of the Citizens Steering Committee. Councilman Overholt requested that the Council approve the final list of those members of the community to whom a letter of invitation was going to be sent inviting their participation on the Citizens Steering Committee; Councilwoman Kaywood suggested that the letter be signed by all Council members. 10. 123: Accepting the bid of Blash Shows, Inc., and authorizing an agreement with J. A. Blash (dba Blash Shows) to provide rides, games and shows during the Cinco de Mayo Fiesta in La Palma Park on May 1, 2, 3 and 4, 1986 and on dates to be determined for 1987 and 1988, with payment to the City of a minimum of 511,600. 11. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation, in the amount of 5137,108.41 for six each 75 EVA transformers, two each 112.5 EVA transformers, six each 150 KVA transformers, eight each 225 EVA transformers and two each 300 KVA transformers, in accordance with Bid No. A-4313. 12. 160: Accepting the low bid of Solid State Controls, in the amount of ~31,122.66 for one each 15 KV uninterruptible power supply system for Lewis Substation, in accordance with Bid No. 4317. 13. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of 51,020,128.70 for five 1500 GPM Triple Combination Pumpers. 14. 169: RESOLUTION NO. 86R-149: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Ellsworth Street - Street and Water Improvements, Olive Street to Anaheim Boulevard, Account Nos. 25-793-6325-E3010 and 52-606-6329-04951; and opening of bids on May 22, 1986, 1:30 p.m.) 15. 164: RESOLUTION NO. 86R-150: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE T~E CONflTRUCTION AND COMPLETION OF A PUBLIC WORK. (Anaheim Auto Center, Ball Road at Route 57 Street, Sewer and Electrical Improvements, Account No. 01-933-6325; and opening of bids on May 22, 1986, 1:30 p.m.) 16. 169: RESOLUTION NO. 86R-151: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Santa Ama Street Street, Sewer and Water Improvement, Harbor Boulevard to Hessel Street, Account Nos. 12-793-6325-E3950, 11-790-6325-E0590 and 52-606-6329-04945; and opening of bids on May 22, 1986, 1:30 p.m.) 276 1'53 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. 17. 169: RESOLUTION NO. 86R-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETIONAND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: VINTAGE LANE - CYPRESS STREET TO 500 FEET SOUTH OF CYPRESS, IN THE CITY OF ~uNAHEIM. (Accepting the completion of construction of the Vintage Lane Street, Storm Drain, Water, Masonry Sound Wall, and Landscape Improvements, Account No. 46-792-6325-E2840, Kershaw Construction, contractor, and authorizing filing of the Notice of Completion therefor) 18. 164: RESOLUTION NO. 86R-153: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT ANDALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ORANGEWOOD AVENUE STORM DRAIN IMPROVEMENTS IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-791-6325-E1440. (Buntich Construction Company, contractor, and authorizing filing of the Notice of Completion therefor) 19. 158: RESOLUTION NO. 86R-154: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDEP~ING THEIR RECORDATION. 20. 153/156: ORDINANCE NO. 4707: CITY OF ANAHEIM AMENDING SECTION1 MUNICIPAL CODE R~TATING TO POLICE AN ORDINANCE OF THE CITY COUNCIL OF THE 1.13.040 OF CHAPTER TITLE 1 OF THE ANAHEIM RESERVE CORPS. 21. 153/156: ORDINANCE NO. 4708: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 1.13.090 OF CHAPTER 1.13 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO POLICE RESERVE CORPS. Roll Call Vote on Resolution Nos. 86R-149 through 86R-154: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickler and Roth The Mayor declared Resolution Nos. 86R-149 through 86R-154, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 155/169: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - WIDENING AND IMPROVEMENT OF LA PALMAAVENUEAND IMPERIAL HIGHWAY: Approving the Negative Declaration for the widening of Imperial Highway 700 feet north of to 1300 feet south of La Palma Avenue; and La Palma Avenue, from 110 feet east of Chrisden Street to Imperial Highway. Submitted was report dated April 3, 1986 from the City Engineer, recommending that the Council approve a Negative Declaration status on the subject project. 277 154 City Hall~ Anaheim~ C-l~fornia - COUNCIL MINUTES - April 22, 1986~ 10:00 A.M. Mr. Bob Clark, Anaheim Hills Motor Inn, 5710 East La Palma requested to speak. It was his understanding construction was going to take place during the month of June which conflicted with his peak business time. He felt that the project was not needed to begin with. It was going to create more traffic and more hazard. Since it was already approved, he was asking that the project be postponed until later in the year to prevent any loss of business. Mayor Roth explained that he lived in the canyon area and had a deep concern relative to the subject area because of the traffic and the ingress and egress to the shopping center. Widening was one of the things public opinion held was most necessary. He respected Mr. Clark's concern as a businessman relative to the possibility of delaying the project. He asked the City Engineer to respond. Gary Johnson, City Engineer, stated as far as scheduling, they could be as flexible as possible to accommodate the business people in the area. However, he was not sure that traffic volumes fluctuated seasonally in that area so that it would make a difference. He did not want the project to go into the rainy season since that could cause severe delays. They were willing to take the input of the people in the industrial area since it was one of the purposes of the negative declaration being before the Council today. The construction period would be at least two months. It primarily involved widening and, therefore, it would be possible to keep traffic moving through the area fairly well during construction. He did not see any great negative impacts although there would be some. Councilman Bay assumed the reason the subject project was going to start in June was to tie in with completion of the Orangethorpe work and in order to complete the work in that very busy intersection. Mayor Roth asked if the widening of Imperial was a Cal Trans project; Paul Singer, Traffic Engineer, explained it was part of the Redevelopment project. They were going to add one additional lane from La Palma to the freeway to facilitate storage o~ vehicles entering the ~reeway. Dual le~t lanes were also going to be constructed for north and southbound Imperial Highway along with modification of traffic signals which would require Cal Trans cooperation because it was a State highway. Mayor Roth asked the City Engineer to ensure that the barricading and everything else involved with the project be made as painless as possible so that Mr. Clark's business would not be adversely affected. 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. 278 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22, 1986~ 10:00 A.M. Dolores Blumenfield, Capri Properties, Manager of the Anaheim Shopping Center, 13523 Ventura Blvd., Sherman Oaks. She represented the new owners of the Center. Their concern is the ingress and egress from the Center. Mayor Roth explained that was one of the major concerns relative to the improvement. He had met with the owners of the stores in the Center who were pleased that something positive was going to be done to improve the situation. Since this had been an issue for some time, he thought ail the business people would be present thanking the City for proceeding to make the improvements. He asked that both Mr. Clark and Ms. Blumenfield speak with Mr. Singer before leaving to clarify any questions or concerns they may have. 155/149/106: ELEVATED GUIDEWAYMARKETING FEASIBILITY STUDY/FINALREPORT: Accepting, in concept, the findings of the Elevated Guideway Marketing Feasibility Study; directing the City Attorney's Office to prepare appropriate documents creating a Parking Authority; appropriating an amount not to exceed 315,000 from Council Contingency Fund for legal expenses; and requesting Transpark, Inc. to initiate a study to determine the private sector financing interest. Submitted was an extensive report dated April 9, 1986 from the Community Development and Planning Department. Councilman Overholt stated he was not prepared to vote on the proposed action. He received the staff report on April 18, 1986 giving an analysis of the study made with the cooperation of the City. The first time he saw that study was today. To presume that as a member of the Council he was in a position to start progress to move forward with Transpark was naive and he would vote no if the Council was expected to act today. Mr. Norm Priest, Director of Community Development and Planning, explained staff was not seeking today to go into depth on the report but rather to take an initial step, recognizing the report before the Council was presenting a concept. Mr. Priest then briefed the report. Councilman Pickler stated that the issue was to set up a parking authority and it had been before the Council previously. The impression he got from the report was that there was much more for Transpark and the City to do before comim~ back to the Council. He thought they were just considering the feasibility of establishing an authority. Councilman Overholt stated the idea of using a parking authority as a tool to improve traffic and parking facilities had been around for some time. However, the item should be continued to give the Council an opportunity to read the report. It may be that a parking authority was needed. He reiterated his vote was going to be no if the Council was forced to vote on the matter today. The report had been analyzed by everybody except the Council and he had been inquiring about it for some time. 279 Cit7 Hall, Anaheimt California - COUNCIL MINUTES - April 22~ 1986t 10:00 A.M. Herb Leo, Chairman of the Board, Transpark, Inc. The Transpark Advisory Board consisted of 22 different entities such as major hotels, the Angels, the Rams, Dtsneyland etc. The primary reason for a parking authority is to control all of the parking now being constructed with either redevelopment or City funds. It would establish a parking district which can encompass specific areas within the authority and is primarily a managing authority. This action is a preliminary step to eventually put Transpark into place. Relative to the Advisory Board, it has not responded in detail to anything the Planning Department has presented to them. They were prepared to enter into a partnership with the City. If the fee is 515,000 Transpark would be willing to contribute 57,500. The Advisory Board had reviewed the study and taken action on it. He would be happy to submit a copy of the minutes of that meeting. MOTION: Councilman Pickler moved to continue the subject issue regarding the Elevated Guideway Marketing Feasibility Study for one week. Councilman Overholt seconded the motion. MOTION CARRIED. 108: HEARING - MASSAGE PARLOR AND MASSAGE TECHNICIAN PERMITS - TENDER TOUCH MASSAGE PARLOR: Revocation of permits issued pursuant to Section 4.29.160 of the Code for the Tender Touch Massage Parlor, 219 South State College Boulevard, and individual Massage Technician Permit of Marie Tu Thi Nguyen. This matter was continued from the meeting of April 15, 1986, to this date. City Attorney, Jack White. Today is the time and place established for the hearing on the proposed revocation of the massage establishment permit for the Tender Touch Massage Parlor and the individual Technician Permit of Marie Tu Thi Nguyen relating to that operation. Council has before it findings of fact and a recommendation submitted by Judge Max V. Eliason, Judge Retired of the Superior Court. The City Council with stipulation by the permittee, through her Legal Counsel, agreed that the evidenciary hearing would be held by an independent hearing officer. Judge Eliason has now made his recommendations. (See letter dated March 28, 1986 from the Max V. Eliason Judge~ Retired - attached to which are proposed Findings of Fact and Conclusions of Law~ made a part of the record). It his his (White's) recommendation that the Council approve the recommendation of the Hearing Officer and approve and adopt the Findings of Fact as executed by Judge Eliason and revoke the Massage Establishment permit of the Tender Touch Massage Parlor as well as the individual Massage Technician previously referred to. Mr. Hugh R. Coffin, Attorney for the permittee, was in the audience as well as Mrs. Nyugen. They wish to briefly address the Council. Council, in the record, has not only the Findings of Fact as signed by Judge Eliason but also correspondence from Mr. Coffin together with proposed Findings of Fact submitted by him as well as the letter from the Judicial Arbitration & Mediation Service, Inc., Judge Eliason with his recommendation on the revocation of both permits. 280 1_49 City Hall.~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1.986~ 10:00 A.M. Hugh Coffin, Pizer & Michaelson Inc., 2122 North Broadway, Santa Aha. He first referred to his letter of April 18, 1986 (previously made a part of the record). He briefed that portion of his letter wherein it was his position that the Council should not act upon the recommendations of the Hearing Officer because the arbitrator had not had the opportunity to review their objections to his conclusions. The initial letter was never received by his office and the second letter with the proposed findings was received after the Hearing Officer had made his determination. It would be appropriate for the Hearing Officer to also review the Counter Findings and Conclusions and make his own determination before the matter is finally ripe for City Council consideration. As an alternative, he suggested in his letter to the Council their willingness to abandon the business at the end of June, 1986 and if the Council were amenable, there would be no need to proceed further with the hearing. Not only would his client abandon the business, but also terminate her permit. At the hearing, the appellant voluntarily surrendered the technician's permit for the other person (Ngoc Lai Nguyen Sabatier) as a good faith showing in her attempt to comply with the requirements of the City at that time. In answer to the Mayor, Mr. Coffin stated he was asking if it was appropriate to have the hearing at all and secondly, rather than going through a formal hearing, if it would be appropriate to accept the proposal as previously stated with a guarantee of performance. City Attorney, Jack White. He recommended that the Council receive all comments at this time. Upon conclusion, the Council could then determine whether they wished to delay consideration or take action today. He recommended that they act today. He reiterated this was not the evidenciary hearing since that had already been held. The comments being received today were being received subsequent to the holding of the hearing. He had reviewed the Counter Findings of Fact being proposed by Mr. Coffin and did not see a substantive di~£erence to justify a delay in the hearing to go back and have those reconsidered. He would not even be concerned if the Council wanted to adopt the Counter Findings as being the Findings of the Council. The Council could also consider the proposal relating to voluntarily agreeing to terminate the business as of the end of June but prior to making that consideration, it would be appropriate to receive the permittee and Legal Counsel's comments and subsequently make a decision. Marie Tu Thi Nguyen. She asked that she be allowed to have her business remain open until June, 1986. Her son will be out of school in July when he would then be able to get a job and help her. She put all her money in the business. She has done nothing wrong. 281 150 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. Mr. Hugh Coffin. He summarized Mrs. Nguyen's testimony at the request of Councilman Pickler. In essence what they were asking is that the Council give permission for the business to remain open through the end of June, 1986 when Mrs. Nguyenwill voluntarily terminate her permits at that time. She had retained one employee in her business who did not want to play the game by the rules and she would not have done so except for the close relationship she had with Ngco Lai Nguyen Sabatier as explained in his opening remarks. Councilman Bay. He asked what Mrs. Nguyen did in Vietnam before she emigrated to America in 1975. Also under the Conclusions of Law, the conclusion was that Marie, as owner and manager, knew of the criminal activity of her employee on her premises as reached by the Judge. Although it was interesting to hear the story of the girl (Sabatier) who Mrs. Nguyen was supposed to be taking care of due to a promise, he was concerned with the facts in whether or not the law was broken. The Conclusions of Law were stated clearly in Item Nos. 2 and 5 of the proposed Findings of Fact and Conclusions of Law submitted by Judge Eliason. Marie ?u Thi Nguyen. Her father had a restaurant in Saigon and she worked for him. Her husband worked for an electric company of the Government of Vietnam. Mayor Roth. The Massage Parlor had been cited for prostitution and the owner and her attorney were asking that the Council allow the business to continue. The Council had been working diligently to control and eliminate such problems in the City. The appropriate hearings had been held and he saw no recourse but to support the recommendations of Findings of Fact and Conclusions of Law as presented by the Arbitrator. Councilman Overholt. He questioned the City Attorney relative to when the revocation would become effective if the Council upheld the Findings and Conclusions of Law. City Attorney, Jack White. Revocation would be effective today but the decision would not be final for 7 days. The last day to request a rehearing would be 7 days from today. If a rehearing were granted by the Council, it would be scheduled on an agenda at the Council's convenience. Assuming that would take another couple of weeks, it would be into May, 1986. The Council had a motion to adopt the Findings of Fact and Conclusions of Law as recommended by the Arbitrator. The part of that he saw as open was the 282 id7 City Hal!~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~. 10:00 A.M. effective date of the revocations, now or making them prospective to a date in the future. If made prospective, it would be appropriate to attempt to obtain a stipulation from the permittee as to the voluntary surrender of the permits at that time. Councilman Overholt. If the Council were willing to set a date for the effect of the revocation as June 1, 1986, it would give Mr. Coffin's client an additional one and one-half months. He asked Mr. Coffin if his client would stipulate that she would terminate her activity as of June 1, 1986 and not contest any action by the City with respect to that revocation. Hugh Coffin. They had spoken of that date with Mr. White and at that time it was not agreeable to his client. He then spoke with her and reported that he could not get Mrs. Nguyen to commit absolutely to no law suit with a June 1, 1986 closing date. It was hard for Mrs. Nguyen to understand the consequence of what the Council was doing. She wants to stay open until the end of June, 1986. MOTION: Councilman Overholt thereupon moved to revoke the permits as of today, April 22, 1986. Before action was taken, Mr. Coffin asked for a short recess to discuss the matter with his client. By general consent, the Council recessed for five minutes. (11:32 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:37 a.m.) Mr. Coffin. He had an opportunity to speak with his client and she will sign a stipulation on the June, 1 1986 closing date. Councilman Overholt then amended his motion to include that the ~evocation of both permits will be effective June 1, 1986 meaning that the last day of business is May 31, 1986. Councilman Pickler seconded the motion. Before a vote was taken, City Attorney Jack White stated a written stipulation is not necessary but he would like Mrs. Nguyen to indicate the effective date of revocation of both permits being June 1, 1986 is acceptable and she agrees with the last day of operation of the business being May 31, 1986. Marie Tu Thi Nguyen. Stated yes, she agrees. 283 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:.00 A.M. City Attorney, White. Asked for confirmation that she would not institute any legal action with the City provided the City extends the effective date through the end of May to allow the business to operate through May 31, 1986. Marie Tu Thi Mguyen. She answered yes and she agrees. A vote was then taken on the foregoing motion amended as follows: To adopt the Findings of Fact and Conclusions of Law as entered and recommended by the Arbitrator Judge Max Eliason, and revoking the Massage Parlor permit for Tender Touch Massage Parlor and the individual Massage Technician permit of Marie Tu Thi Nguyen for good cause shown and that the effective date of revocation of these permits be June 1, 1986 with the last day of operation of the business being May 31, 1986. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 31, 1986, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 85-86-24 (READV.): Submitted by Robert E. Finley, for a change in zone from RS-A-43,000 to RM-1200, to construct a 28-unit apartment complex on property located at 3512 and 3520 West Savanna Street. The City Planning Commission, pursuant to Resolution No. PC86-69, granted Reclassification No. 85-86-24, and granted a negative declaration status (Readv.). 2. VARIANCE NO. 3542: Submitted by Gary L. Kahler, to construct an industrial storage building on ML zoned property located at 2715-2725 Gretta Lane, with Code waiver of minimumnumber of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-70, granted Variance No. 3542, and granted a negative declaration status. 3. RECLASSIFICATION NO. 85-86-26: Submitted by IraJ Eftekhari, for a change in zone from RM-2400 to RM-1200, to construct a 13-unit apartment complex on property located at 40~ §o. East §treet. The City Planning Commission, pursuant to Resolution No. PC86-71, granted Reclassification No. 85-86-26, and granted a negative declaration status. 4. VARIANCE NO. 3525: Submitted by Euclid-Ball A.S.C. Ltd., (Anaheim Surgical Center), to erect a freestanding sign on CO zoned property located at 1324 South Euclid Street, with Code waiver of permitted business signs. The City Planning Commission, pursuant to Resolution No. PC86-72, granted Variance No. 3525, and ratified the Planning Director's categorical exemption determination. (Class 11) 284 City Hall~ Anaheim; California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. 5. VARIANCE NO. 3540: Submitted by Jack O. and Marilyn Ann Brown, to establish a two lot, RS-HS-22,000(SC) zoned residential subdivision on property located at 7630 Corto Road, with Code waivers of minimum lot area and density and minimum lot width. The City Planning Commission, pursuant to Resolution No. PC86-73, granted Variance No. 3540, and granted a negative declaration status. 6. VARIANCE NO. 3546: Submitted by Gary Allen and Carol Mary Collins, to construct a 2-story, 17-unit apartment complex on RM-1200 zoned property located on the south side of Romneya Drive, west of Harbor Boulevard, with the following Code waivers: (a) maximum structural height, (b) minimum structural setback (denied), (c) minimum sideyard setbacks, (d) minimum distance between buildings. The City Planning Commission, pursuant to Resolution No. PC86-75, granted in part, Variance No. 3546, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2772: Sub~itted by Earl H. Hardage, (Kentucky Fried Chicken), to permit the construction of a drive-through restaurant on CL zoned property located at 129 West Ball Road. The City Planning Commission, pursuant to Resolution No. PC86-76, granted Conditional Use Permit No. 2772, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 2775: Submitted by World Oil Company, to permit a walk-up, drive-through restaurant on CL zoned property located at the southwest corner of Ball Road and Beach Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-77, granted Conditional Use Permit No. 2775, and granted a negative declaration status. 8. VARIANCE NO. 3545: Submitted by Charles E. and Lourdes B. Rogers, to construct a 2-room addition to an existing dwelling on RS-7200 zoned property located at 3118 West Monroe Avenue, with the following Code waivers: (a) minimum side and rear yard structural setback, (b) permitted encroachments into required yards, (c) minimum number, type, dimension and location of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-74, granted Variance No. 3545, and ratified the Planning Director's categorical exemption determination. (Class 5) A review of the Planning Commission's decision was requested by Councilwoman Kaywood and therefore, a public hearing would be scheduled at a later date. End of Planning Commission Informational Items. Councilman Overholt left the Council Chambers. (11:40 a.m.) 285 City Hall.~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 ~..~. 134: DATE AND TIME FOR PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 212: City of Anaheim, to consider amendment to the circulation element text and map for redesignation of Hidden Canyon Road from a hillside commuter arterial highway designation to a local street. The City PLanning Commission, pursuant to Resolution No. PC86-78 adopted and recommended to the City Council adoption of General Plan Amendment No. 212 Circulation Element and General Plan Text, Exhibit "A", and approved negative declaration status. MOTION: Councilman Pickler moved to set the date and time for a public hearing on General Plan Amendment No. 212 and negative declaration as Tuesday, May 13, 1986 at 1:30 p.m. Councilman Roth seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 179: PROPOSED CODE AMENDMENT: Adding Chapter 18.93 to the Code, relating to preparation, adoption and implementation of specific plans. The City Planning Comm~ssion recommended that the City Council adopt the proposed ordinance and certify a negative declaration thereto allowing the processing of specific plans. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Overholt was absent. MOTION CARRIED. 179: ORDINANCE NO. 4709: Councilwoman Kaywood offered Ordinance No. 4709 for first reading. ORDINANCE NO. 4709: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.93 TO TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO SPECIFIC PLANS. Councilman Overholt entered the Council Chambers. (11:55 a.m.) 108/142: P. EgUEST FOR EVENING PUBLIC HEARING - AMENDMENT TO STREET VENDING ORDINANCE: A public hearing on the subject was set by the City Council to be held on Tuesday, May 13, 1986, at 1:30 p.m. City Clerk Leonora Sohl announced that a letter dated April 17, 1986 had been received from Kris Tenpas, Chairman of the Patrick Henry Neighborhood Council requesting a night meeting on the subject to enable those residents who work to attend the meeting. MOTION: Councilman Overholt moved to amend the time of the public hearing on the street vending ordinance to a 7:00 p.m. evening hearing on Tuesday, May 13, 1986. Councilman Bay seconded the motion. MOTION CARRIED. 286 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 19,86~, 10:00 A.M. 114/179: REQUEST FOR JOINT MEETING BY THE PLANNING COMMISSION - LAND USE CHANGES IN THE CANYON INDUSTRIAL AREA: Request for a Joint meeting with the Planning Commission to discuss land use changes in the Canyon Industrial Area between Kraemer Boulevard and Imperial Highway. This matter was discussed at the meeting of April 15, 1986 (see minutes that date). Submitted was report dated April 18, 1986 from the Community Development and Planning Department, Zoning Division, recommending that a Joint work session with the Planning Commission be held at the Council's convenience. Councilman Pickler suggested that a staff report be submitted prior to any meeting with the Planning Commission; Councilman Bay recommended that the Liaison Committee meet with the Planning Commission to define the problem and subsequently report back to the Council to ascertain the need for a workshop. Nobody has shown him an example of where the City has authorized zoning and a business has actually moved in that is causing a problem. Councilwoman Kaywood stated as a Liaison member she agrees with the Planning CommJ.ssion and there was a need for a discussion. To wait for something to happen is too late. There was a need for a joint meeting before any more approvals were granted in that area. Discussion followed between Council Members and staff relative to uses presently in the area. Mayor Roth noted in some cases the uses were difficult to determine unless a visit was made to the plant itself. At the conclusion of discussion, Councilman Bay stated he had no problem meeting with the Planning Commission but before the present procedure was instituted, there was a workshop and the Council restated their policy position over and over again. He felt at that time that the Planning Commission understood what the Council was talking about. Councilwoman Kaywood stated that they did go into a very long description on no retail sales but she was talking about pure office uses, not retail sales. It was possible to have accounting firms, secretarial services, bookkeeping services, etc. that would go with high tech uses but that could also be established without the high tech. The reason those businesses were locating in that area was because of the lower rental rate. Councilman Bay surmised then that the subject of the work session should be, what is the policy on commercial office use in the canyon industrial area. MOTION: Councilman Bay moved that a Joint work session with the Planning Commission be held on Tuesday, April 29, 1986 at 4:00 p.m. in the Council Chamber. Councilman Overholt seconded the motion. MOTION CARRIED. Mayor Roth left the Council Chamber. (12:15 p.m.) 169/114: REPORT ON STREET MAINTENANCE AND ACCELERATION OF PROGRAM: City Manager Talley briefed Joint report dated April 16, 1986 from Gary Johnson, City Engineer, and John Roche, Director of Maintenance, recommending that the City Council address funding of Street Maintenance during budget hearings for the 1986/87 Fiscal Year with specific consideration being given to an 287 144 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. additional 3-person crew for the Department of Maintenance Services and additional funding for contract work on the arterial street system. (Also submitted was report entitled "The State of Streets in the City of Anaheim" - a Report on the Condition of Arterial Highways FY-1985/86 - on file in the City Clerk's Office). Councilman Bay posed a line of questions to staff regarding the report answered by John Roche, Director of Maintenance, City Engineer Gary Johnson and City Manager Talley. Councilman Overholt left the Council Chamber. (12:17 p.m.) City Manager Talley pointed out that relative to the Street Maintenance program, employees were not assigned to work on the slurry seal project all year long; Councilman Bay felt then that there was the ability to shuffle people to increase the work on immediate repairs to potholes when that occurred to some extent. The Council should not have to tell administration that there were potholes in the City that needed filling. It seemed that there were more complaints this year. Since potholes were hazardous, he did not know why there was not an immediate priority way to repair them. Mr. Roche explained for the Mayor that the Council Policy relative to utility cuts was to have them repaired within 45 days, it was mot Just the City's utilities making the cuts, but they were also made by the Gas Company, Telephone Company, etc. The City repaired all cuts made by the City's Utility Department within 45 days. The 45-day figure was arrived at by negotiations with all those making such cuts. Most of the potholes were found in arterial highways and not local streets. He also agreed that one crew was not sufficient to maintain 40-square miles of City and 600 miles of streets. Another crew would help meet the Council's objectives. Councilman Bay stated he was ready to approve another crew if that was what was needed. Another question he had was relative to the fact that now that the cost of oil was decreasing were the estimated costs of asphalt in the report based on 330 a barrel or the lower present costs. If estimated at the high price, he assumed the cost would have to drop somewhere down the line. They were perhaps looking at a window to facilitate maintenance and repair but also major repair and reconstruction before using more streets down to the roadbed. City Engineer, Gary Johnson explained the figures did reflect the prior cost of asphalt but they were gradually seeing a trend where prices were coming down. Relative to the arterial system, the replacement cost of that system was far more than local streets. Underfunding that system and allowing them to deteriorate to where they needed to be reconstructed was extremely expensive. At budget time when the City Council would be looking at overall City programs in addition to additional maintenance crews, he would also request that consideration be given to additional funding for the arterial system contract work. 288 City Hall; A~aheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. Councilwoman Kaywood moved to receive and file the subject report. Before action was taken, Councilman Bay asked if contingency money was needed to establish a second crew. City Manager Talley answered if the Council Policy was to establish a second crew, he would rather do so at budget time. If established now, he did not want to take anything from existing supplies or material accounts to do that. Councilman Bay stated if it was the general consensus of the Council to favor a second team of three people, he would support allocating money from the Council Contingency Fund at this time to accelerate starting a second crew thereby enabling the work to get started two months sooner. Councilwoman Kaywood felt there was benefit in doing that especially with the price of oil being so low at this time; Councilman Pickler felt that the matter should be continued one week. MOTION: Councilman Bay moved to continue consideration of the report on Street Maintenance including a recommendation with regard to acceleration of the said program for one week and directed staff to submit a recommendation to start a second team in order to accelerate street repairs in the last two months of this year with funds to be allocated from the Council Contingency Fund. Councilwoman Kaywood seconded the motion. Council Members Overholt and Roth were absent. MOTION CARRIED. RECESS - CLOSED SESSION: Mayor Pro Tem Pickler announced that a Closed Session would be held for the Council to confer with its attorney regarding: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, O.C. Superior Court Case No. 40 92 46 b. To consider Personnel matters - Government Code Section 54957. c. To confer with the City's designated representative regarding labor relations matters. (Gov't. Code Section 54957.6) MOTION: Councilman Pickler moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. Council Members Overholt and Roth were absent. MOTION CARRIED. (12:35 p.m.) AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council Members being present with the exception of Councilman Roth. (1:40 p.m) 176: PUBLIC HEARING - ABANDONMENT NO. 85-9A: In accordance with application filed by Anaheim Memorial Hospital, public hearing was held on proposed abandonment of public utility easements a'cross property located north of La Palma Avenue, west of West Street (1111 West La Palma Avenue) pursuant to Resolution No. 86R-114, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. 289 142 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. Report of the City Engineer dated March 17, 1986 was submitted recommending approval of said abandonment. Mayor Pro Tem Pickler asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer 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. Councilwoman Kayw6od offered Resolution No. 86R-155 for adoption, approving Abandonment No. 85-9A. Refer to Resolution Book. RESOLUTION NO. 86R-155: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING PUBLIC UTILITY EASEMENTS ACROSS PROPERTY LOCATED NORTH OF LA PALMAAVENUE, WEST OF WEST STREET. (llllWESTLA PALMAAVENUE) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, NOES: COUNCIL MEMBEKS: None ABSTAINED: COUNCIL MEMBERS: 0verholt ABSENT: COUNCILMEMBERS: Roth Bay and Pickler The Mayor declared Resolution No. 86R-155 duly passed and adopted. Councilman 0verholt stated he abstained from voting because he sits on the Anaheim Memorial Hospital Board. 134/179: CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 208t RECLASSIFICATION NO. 85-86-21; VARIANCE NO. 3534 AND NEGATIVE DECLARATION: APPLICANT: Kathleen F. and Sammy John Nobles, Terry F. Wylie and Edward L. and Yolanda E. Roldan, 111 So. Illinois Street Anaheim, Ca. 92805 ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-1200, to construct a 40-unit apartment complex on property located at 1918-1932 East Cypress Street, with Code waiver of maximum structural height; to consider an amendment to the land use element of the General Plan from general commercial and iow-density residential designation to medium density or iow-medium density residential designation. PLANNING COMMISSION ACTION: Resolution No. PC86-44 recommended adoption of GPA No. 208 Exhibit "B". Resolution No. PC86-45 and 46 denied the Reclassification and the Variance. HEARING SET ON: Appealed by Hugo Vasquez, agent. of March 18, 1986, to this date. This matter was continued from the meeting 290 City Hall; Anaheim~ California - COUNCIL MINUTES - April 22; 1986; 10:00 A.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 6, 1986. Posting of property March ?, 1986. Mailing to property owners within 300 feet - March 7, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 3, 1986. APPLICANT'S STATEMENT: Hugo Vasquez, 619 So. Live Oak. He submitted a petition signed by all property owners in favor of the project along Cypress and Coffman Streets. The reason for the five week continuance was due to concerns expressed by the adjacent church. He has been working on the unusual project for over 10 months. The project requires six City lots as well as being able to solicit cooperation from all the principals and property owners involved in order to bring forth a project which will be an asset to the community. He also commissioned a traffic study done by Circulation Systems which indicated that the maximum increase in traffic from the project would be an additional 15 percent for a total of 25 percent of what the total trips per day would allow. In discussing the matter with the City's Traffic Engineer Paul Singer, he did not feel it was an item requiring further discussion. He submitted the traffic study (see report dated March 5, 1986 - Circulation Systems Associates - made a part of the record) along with photographs of the area showing the conditions presently existing on Coffman and Cypress Streets. Pat Fitkin, Century 21, 408 South Beach BLvd., Ste. 112, Anaheim. She represents Young Lion Development and is agent for 2 of the 3 parcels, Terry F. Wylie and Edward L. and Yolanda E. Roldan. She submitted packages to the Council consisting of a map and signed letters in favor of the project from property owners. To answer Councilwoman Kaywood's previous concern, they re-sent the letters clearly restating the number of units proposed. Most parcels have been owned for a long period of time. In talkin~ with the property owners, they would like to see something done with the property. She then briefed the information reflected by the document submitted. Phyllis Boydstun, 728 North Janss. She represents Kathleen and Sammy Nobles, owners of the first lot going into the property where there was some access. Skipping the next lot the two lots after that were also their parcels (Parcel No. 56, 9 and 31). She did not know how the property became landlocked. The project would completely eliminate the problem by making it one large project. The area is in a state of deterioration. The project would eliminate the access problem, clean up the area and make it into one nice project. 291 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22, 1986, 10:00 A.M. Jerry Drukin. He is the designer of the project. The site has a number of unique characteristics that normally do not have to be addressed in development projects. They have met all the site development standards relative to parking, coverage and recreational area. They will provide twice the amount of recreational area normally required. There are some access problems. They wanted to logically extend Cypress Street to the East to make a logical conclusion of that street. They were proposing to construct a modified cul-de-sac at the east end of Cypress as well as terminate at Cypress Street where it goes into Evelyn Drive. He has minimized the impact on the church and on the property to the west. He has designed the project on the six lots in a way that it will be an asset to the City without imposing hardships on the surrounding property owners. The design proposed is the best possible solution for the site for all the parcels. If developed individually, the solution would be much less pleasing and appealing to the City. Mr. Drukin then reported the following in answer to Council questions. He designed a project with 40 units; therefore, anything less than 40 units could be built on the site. The existing zoning is RSA-43,000 and the Planning Commission recommended that an RM-2400 General Plan Amendment be established. They did not recommend the zoning per se. Their request is for RM-1200. The project pencils out for RM-1200 but not RM-2400. Councilman Bay. He asked the plan to gain ingress and egress to the property. Mr. Drukin. They are not proposing a full size cul-de-sac but a modified one which would fit within the existing right-of-way. Currently part of the access to the property was taken over the church property which they freely and willingly have allowed across a small triangular portion at the rear of the property. He has worked under the assumption that that area was part of a legal access to get into the property. If not, then basically the lots are landlocked and that is the problem he has addressed by minimizing the impact of utilizing the existing right-of-way that has been permitted by the church for the past 20 or 50 or however many years. Hugo Vasquez. Relative to the easement, that was the major reason they requested a continuance five weeks ago. He was being held "ransom" because of the situation. He wanted the Council to approve or deny the project on its merits. Before he could pull building or occupancy permits he would have to meet all conditions imposed (see Condition Nos. 13 and 14 of 292 City Hall~ Anaheim, California - COUNCIL MINUTES - April 22~ 1986~ 10:O0 A.~. Interdepartmental Committee recommendations outlined in staff report to the Planning Commission dated February 3, 1986). He fully understands the risks. He was confident that he would be able to obtain the necessary easement. City Attorney, Jack White. If Council approved the project subject to Condition Nos. 13 and 14, he did not believe a covenant was necessary but the owner of the subject property shall acquire and record an access easement from the property owner and delete the reference to covenant. PUBLIC DISCUSSION- IN FAVOR: William H. Armet, Development Coordination, 4411 Nyaneck, Yorba Linda. They represent the engineering on the project. They have surveyed the property and have discussed the conditions of approval with Mr. Vasquez. Mr. Vasquez is in agreement with them. Dan Torres, 1909 East Cypress. He represents his grandfather who owns 1903, 1909 and 1913 East Cypress. In their family, they do not ever plan to sell their property. They want to see the neighborhood improve. The neighbors on Coffman and Cypress Street did not want any developers coming in but are now in favor of the project because of the plan proposed by Mr. Vasquez and his associates. The project is needed, and once completed will cause the rest of the neighborhood to upgrade. There are people present against the project who live on Evelyn Drive. Those residents wanted the street closed at Cypress and Evelyn Drive. Now that it is going to be closed, the project should be built. He urged that the Council bring the "California Dream" to Cypress and Coffman just as in Mission Viejo. He confirmed for Councilowman Kaywood that if the project was approved his family did not plan to build apartments on their property. They are going to build a large house with a pool, tennis courts and possibly a batting cage for ~I_~S 8OD. Jim 0veda, 227 North Coffman. He is very much in favor of the project. It will upgrade the area. His long range plan is to keep his property and upgrade it. PUBLIC DISCUSSION- IN OPPOSITION: James Mallard, 239 North Evelyn Drive, since 1948. If the project is approved for high density construction, it is a logical sequence of events that Coffman Street would follow suit. It is an area that could stand upgrading. The crux of the issue is that whatever is built on the west side of Coffman Street will be backyard neighbors to those living on Evelyn Drive. If all of Coffman goes the same way on a piece-meal basis, it will result in a high density neighborhood. 293 ;.1.38 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. Raymond Ware, 2047 Mauerhan Place, Anaheim. He represents the church at 311 North State College Blvd. and the leadership of that congregation. He referred to his letter dated April 17, 1986 previously submitted (made a part of the record). Their objections are traffic, spot zoning, the property does not have access to a City street and the lots are landlocked. He then gave a brief overview of the history of the easement which has been used for ingress and egress. It was never a recorded easement. The developer is also asking for an additional 4 feet of easement in order to meet City requirements. Mayor Roth entered the Council Chamber, (2:35 p.m.). He announced that because he had missed the presentation, he would not vote on the issue. Mr. Ware continued that the design of the units are also conducive to two-family living and will necessitate more than 2.5 parking spaces per unit. His interpretation of the plan is that there are only 94 parking spaces and not 104 or 106. There is no off-street parking except on the north side of Cypress and there is no uncovered parking design for the project to accommodate RV's, trucks, etc. The church parking lot will be used for that type of parking. The traffic generated will conflict with the church ingress and egress to Cypress Street and the angle of the traffic meeting at 45 degrees rather than 90 degrees will be a problem. There is a problem relative to the building height. There will be two exposed stories overlooking a proposed wall and there are balconies within 5 feet of the property line. Two sun decks will be open onto the church property. He reiterated there is no recorded easement for the church property. Mr. Vasquez should be seeking ingress and egress across the corner property which is already in for development approval at this time. When the church gate is open, people will take the short cut through to State College Blvd. If this project is approved, other developers are planning to ask for greater density on their property. He has not seen anything on the proposed cul-de-sac which would also be modified or smaller. It is an unreasonable density for the area and the church will be adversely impacted. The language of Condition No. 13 imposed by the Planning Commission is such ~hat~ If the project is approved~ the church will be made the "bad guy" in that if the church does not grant an easement, it will be holding up the neighborhood from developing. The church is not against the development but it is too much for the church and the area in general. The church would not be opposed to another development at a lower density but would still have some concerns about the easement and traffic. 294 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22,~ 1986~ 10:00 A.M. Ken Vitato, 1010 MarJan, Member of the Church of Christ, President of the Board of Trustees. He was speaking mainly on his own behalf. He has not called a general meeting of the congregation to either approve or disapprove the request. The members he has talked to are not in favor. He has not found anyone who would be opposed to RM-2400 zoning. They are concerned over the area being rezoned to RM-1200. They did not want to leave access to their property open because everyone would drive across the church property. Naomi Way, 189 Evelyn Drive. She wants to be reassured that the commitment made by the Council that when the first development was presented, Cypress Street would be closed at Evelyn Drive. Also it was determined that the widening of Coffman Street had to take place at the same time Cypress was closed off. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. Mrs. Way was referring to the ultimate widening of Coffman to 32-foot half width which was discussed at the time the closure of Cypress Street was heard. The actual widening would be taking place in connection with individual properties as they redeveloped. She would have to check the applications approved in the past and there were two or three of them. Mrs. Way. She was certain the Council was going to consider the number of cars that were going to be using that narrow street (Coffman Street) as well as the parking if they were going to allow that much density in the area. She reiterated that she wanted assurance that Cypress Street was going be closed. Also, unless Coffman Street was widened, there was going to be a problem. SUMMATION BY APPLICANT: Hugo Vasquez. He first submitted another set of pictures showing the condition of area. The Masciels, one of the property owners, have agreed to close off Cypress Street, thus eliminating any traffic going through Evelyn Drive. He is willing to live with all the conditions imposed. He asked that the Council consider the project on its merits. He was 100 percent confident he would obtain access rights for ingress/egress. If he did not, he could not proceed. STAFF INPUT: Annika Santalahti. If approved, she recommended that Condition No. 13 of the Variance regarding bonding for the closure of Cypress be placed in the reclassification and that this be satisfied prior to introduction of the ordinance to rezone the property. If the property were rezoned, it is not impossible to imagine that the project might come in under Code requirements at some time in 295 136 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. the future and not need a variance at all. The Masciel property could also be rezoned and then the Variance would no longer be necessary because it would be multiple family. City Attorney, Jack White. He suggested that the condition be included in both the Variance and Reclassification. Councilman Bay. In previous hearings relative to development on Cypress Street, he recalled the Council made it clear that Cypress would absolutely be closed between Evelyn Drive and current Cypress Street. He assumed that had already been done, apparently it has not. He felt whatever develops on the six lots was going to go from there straight south to Center Street all the way behind the commercial property which was going to affect everything and everybody on Coffman Street. This was a critical decision on the general plan change which will affect the whole neighborhood. Apartments were not necessarily bad if designed properly with good circulation or open space. There were still problems in the area from the standpoint of the land becoming developable for the right kind of developments. He did not feel that Mr. Vasquez had the answer as yet and he did not know how he could have without some solution to the circulation and some preplanning for the whole area. Councilwoman Kaywood. The residents had the right to trust their Council. The decision was made in 1980 that the area would be RM-2400 with-not-to-exceed 15 units to the acre because of traffic and circulation problems in the area. She has not changed her mind. Mr. Vasquez presented two beautiful drawings but they are overpowering for the neighborhood. Everyone coming in afterward would have the right to expect that they could have RM-1200. If he could build the project to P.M-2400 standards, she did not think any of the neighbors would be present today. Raymond Ware. He did not say that the church would be opposed to an RM-2400 project but would like to see how the project would be proposed and designed. The ingress and egress was the main concern. If the project were lower or 1-story they would look upon it more favorably. It is now 3-story with parking underneath. Councilman Overholt. Speaking to Mr. Ware he stated that he would hope if Mr. Vasquez attempts to work out development on those lots, that the church would have a cooperative attitude in trying to work something out with the developer and not at the last minute become obstructive. 296 i.33 City Hall~ Anaheim, California - COUNCIL MINUTES - April 22, 1986~ 10:00 A.M. Raymond Ware. The church would consider something of a lesser density on its own merits and would also want to know how the project might affect the easement. Councilman Overholt. If the project comes back within the concept of RM-2400 and the church expresses an attitude of non-cooperation, his opinion is the Council will not look with great favor upon what the church perceives to be their right. Mayor Pro Tem Pickler. He asked Mr. Vasquez if he wanted the Council to make their decision today or if he preferred a continuance. Councilman Overholt. He asked Mr. Vasquez if he would go back to the drawing board to try to bring in a project under the RM-2400 zone instead of RM-1200. Hugo Vasquez. He will go after the RM-2400 in the spirit of the RM-2400 zone. If the Council will be open to suggestions with the new design, then he will ask for a 30-day extension and have Mr. Drukin come up with a compromise from the RM-1200 to the RM-2400. He would have to look to an affordable project to try to find a happy medium. MOTION: Councilman Overholt moved to continue the public hearing on General Plan Amendment No. 208, Reclassification No. 85-86-21, Variance No. 3534 and Negative Declaration therefor, to Tuesday, May 20, 1986 at 1:30 p.m. Councilman Roth was absent. MOTION CARRIED. RECESS: By general consent, the Council recessed for five minutes. (3:29 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:32 p.m.) RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (3:33 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman 0verholt. (4:35 p.m.) 297 1.34 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. 134/169/179: GENERAL PLAN AMENDMENT NO. 209~ REVISION TO SANTA ANA CANYON ROAD ACCESS POINT STUD¥~ RECLASSIFICATION NO. 85-86-19, VARIANCE NO. 354~.~ REQUEST FOR SPECIMEN TREE REMOVAL NO. 86-02 AND NEGATIVE DECLARATION: APPLICANT: Christian Communication Commission, Inc., (Evangel Church of So. California), 925 Signalridge Place, Rockwall, Texas 75087 (and) Judy Woodyard 1915 Orangewood Avenue, Orange, Ca. 92668 REQUEST/ZONING/LOCATION: To amend the Land Use Element, to consider alternate proposals of ultimate land uses including, but not limited to hillside low-density residential and commercial professional; to consider revision to Exhibit No. 7 of the Santa Aha Canyon Road Access Point Study in order to provide access from the northwest side of Santa Aha Canyon Road easterly of Eucalyptus Drive, to construct a 2 and 3-story office building, with the following Code waivers: (a) minimum structural and landscaped setback, (b) maximum building height, (c) required Site screening, and a request for removal of specimen trees, a change in zone from RS-A-43,000(SC) and RS-7200(SC) to CO(SC), on approximately 3 acres of land located on the north side of Santa Ama Canyon Road, approximately 390 feet east of the centerline of Eucalyptus Drive (7777 Santa Aha Canyon Road). PLANNING COMMISSION ACTION: Resolution No. PC86-56 recommended adoption of GPA No. 209, Exhibit "A"; Resolution No. PC86-57 recommended adoption of proposed revision to Exhibit No. 7 of the Santa Ama Canyon Road access point study; Resolution No. PC86-58 granted Reclassification No. 85-86-19; Resolution No. PC86-59 granted Variance No. 3541, approved EIR - Negative Declaration. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 10, 1986. Posting of property April 11, 1986. Mailing to property owners within 300 feet - April 11, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 3, 1986. APPLICANT'S STATEMENT: Vic Peloquin, 280 Cresalta. There was no opposition to the project. He had prepared packets of information for Council's information. They are going to be solving the drainage problem on the property. There have been "hobos" living within the orange grove presently existing on the property. There were also some robberies and burglaries in the residential properties to the west. There was a positive response to the project from the homeowners because the parking lot will be lit at night and there will be activity on a daily basis to discourage burglaries. Relative to the screening and 298 City Hml]{, Anmheim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. fencing on the westerly border, Code calls for a 20-foot landscaped buffer immediately adjacent to a commercial project. In order to orient their building on the property in the manner proposed, that buffer was reduced to 10 feet, but they have provided 2 intermediate buffers, a landscaped buffer in between the building and westerly property line and one immediately adjacent to the building. Their building is 150 feet away from the westerly property line and Code would require only 50 feet because of the height. Since they are 150 feet away and providing 3 landscape buffers, they felt the 10-foot buffer to the west was not out of line. PUBLIC DISCUSSION- IN FAVOR: Robert Morse, 7020 Blackbird Lane. He represents the church property immediately across Santa Aha Canyon Road south of Mr. Peloquin's property. They have had a good relationship with Mr. Peloquin. The church is in the process of considering various development plans and one involves a road coming through the property leading to the property to the south. Mr. Peloquin has been working with them to align his driveway where their road would be. Their only concern is relative to the alignment of that road. Mr. Peloquin indicated he is favorable to aligning his driveway so it would line up to wherever the road would prove to be most beneficial to the church. The proposed project is a good use of the property and compatible with the uses the church plans immediately across the street. The church is planning to have a large church campus with a sanctuary, classroom space and eventually a dwelling for senior citizens. PUBLIC DISCUSSION- IN OPPOSITION: Rudy Alvarado, 1515 South Shelton, Santa Ana, representing resident of that area, Ray Corm, 108 South Eucalyptus Drive, directly across the street from the proposed project. Mr. Corm is totally against the commercial project and the increased traffic it will bring to the area. There is also no means of controlling the traffic such as a Stop Sign or traffic signal. In 1983 there was an amendment to change the land use to general commercial and that was denied by the Planning Commission. There is a drainage problem on the property that has to be solved. He is also against the removal of the specimen trees. The project will also displace the natural habitat of wild life presently existing on the property. The approval of the Environmental Impact Report - Negative Declaration was also ill-advised. Mr. Corm is also concerned about the already-approved church project. STAFF INPUT: Paul Singer, Traffic Engineer. Santa Aha Canyon Road has been designated on the General Plan for many years as a City expressway to carry six lanes of through traffic. It is going to be a very major artery in that area. There were going to be many other developments which will be a contributing factor to the traffic volume. The subject development will not have a detrimental effect on Santa Ana Canyon Road. 299 City Hall~ An-heim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman 0verholt was absent. MOTION CARRIED. Councilman Pickler offered Resolution Nos. 85R-155 through 85R-159, both inclusive, all in accordance within subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 86R-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING GENERAL PLAN AMENDMENT NO. 209, EXHIBIT A. RESOLUTION NO. 86R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVED REVISION TO EXHIBIT NO. 7 OF THE SANTA ANA CANYON ROAD ACCESS POINT STUDY. RESOLUTION NO. 86R-158: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING RECLASSIFICATION NO. 85-86-19. RESOLUTION NO. 86R-159: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3541. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Resolution Nos. 86R-156 through 86R-159, both inclusive, duly passed and adopted. MOTION: Councilman Pickler moved to approve the request for Specimen Tree Removal No. 86-02. Councilman Bay seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 179: CONDITIONAL USE PERMIT NO. 2765 AND NEGATIVE DECLARATION: APPLICANT: Clausen-Enterprises, 2795 West Lincoln Avenue, #F Anaheim, Ca. 92801 ZONING/LOCATION/REQUEST: To construct a 2 story, 37-unit motel and manager's apartment on CL zoned property located at 2784 West Lincoln Avenue, with the following Code waivers: (a) minimum structural setback, (b) permitted location of freestanding sign, (c) maximum structural height. 300 City ~!1~ A~,heim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. PLANNING COMMISSION ACTION: Resolution No. PC86-54 granted Conditional Use Permit No. 2765, approved EIR - Negative Declaration. HEARING SET ON: Review requested by Councilwoman Kaywood. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim BulletinApril 10, 1986. Postin~ of property April 11, 1986. Mailing to property owners within 300 feet - April 11, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 3, 1986. COUNCIL CONCERNS: Councilwoman Kaywood. She is concerned with all the waivers requested especially the minimum structural setback on Lincoln which required 35 feet. The plan reflects a trash enclosure at 11 and 1/2 feet with a sign on it. She is concerned with that as well as having the enclosure fronting on Lincoln Avenue. APPLICANT'S STATEMENT ANDANSWER TO QUESTIONS POSED: Craig Clausen, 2795 West Lincoln. His office is directly across the street. He also owns Shakey's Pizza adjacent to the strip shopping center. Working from a plan posted on the Chamber wall, he showed changes that had been made. The trash enclosure was moved from the Lincoln Avenue site to a more desirable position on the property as shown on Exhibit 1. Originally the freestanding sign was to be in the wall of the trash enclosure. Now the sign will be placed on a pole in the front landscaped area. He did not know how many feet were involved relative to setback from the street. STAFF INPUT: Leonard McGee, Associate Planner. Revised plans do not show where the sign will be located. Under Code, the sign has to be 40 feet away from the east or west property lines. Mr. Clausen. It would be impossible to place the sign either 40 feet from the east or west since there was only 100 feet total and they needed a 25-foot drive. The sign would have to be placed closer to the street to prevent interference with the front parking spaces which he pointed to on the posted plan. The pole is the width of the existing sidewalk. It would probably be located within 10 feet of the street. 301 130 City Hall; Anaheim~ California - COb~CLL MINUTES - April 22~ 1986~ 10:00 A.M. Leonard McGhee. Staff has not reviewed the revised sign plan with the trash enclosure now moved to another location. However, the revision would not be in conformance with Code and there is a waiver already pertaining to a sign not in agreement with Code. The sign would probably intrude over the right-of-way. MOTION: Councilman Pickler moved to continue the public hearing on Conditional Use Permit No. 2765 for one week to give staff an opportunity to analyze the revised plan and make their recommendation to Council. Councilman Bay seconded the motion. Councilman Bay. Mr. Clausen should have determined what Councilwoman Kaywood was opposed to in setting the matter for a public hearing. Revised plans had to be presented to staff in a timely manner before the hearing. He favored the one week continuance but suggested that the public hearing be closed. COUNCIL ACTION: There being no further persons who wished to speak, Mayor Roth closed the public hearing. A vote was then taken on the foregoing motion. Councilman Overholt was absent. MOTION CARRIED. 108: ENTERTAINMENT PERMIT APPLICATION - EL NOPAL # 3: Submitted by Salvador Rubalcaba, E1 Nopal #3 Mexican Restaurant, 530 N. East Street, for an 8-person Marl&chi band, Thursday, Friday and Saturdays from 10:00 a.m. to 11:00 p.m. Chief of Police recommends approval. City Clerk Sohl explained the item was being brought forward off agenda because the restaurant wanted to hold its grand opening this weekend. Councilwoman Kaywood wanted to know if the music was amplified, was it going to take place indoors or outdoors etc. She was concerned due to an experience at another location on Anaheim Boulevard where the mariachi played outdoors into the night generating a large number of complaints from the neighborhood. Councilman Bay noted that the application indicated 10:00 a.m. to ll:00p.m. Thursday, Friday and Saturday every week; City Clerk Sohl also confirmed that the entertainment permit would be in effect ~or one year. After further Council discussion, it was determined that more information and an answer to the questions posed would be necessary before acting on the application. A decision on the entertainment permit application was continued to the meeting of April 29, 1986. 302 City Hall~ An~beim~ California - COUNCIL MINUTES - April 22~ 1986~ 10:00 A.M. 114/144: JOINT POWERS AUTHORITY - EASTERN AND FOOTHILL CORRIDOR: Councilman Bay reported at the April 10, 1986 meeting where the Authority voted to start staff working on an inventory and review of all the issues from each city stated at the time the City signed the Memorandum of Understanding. There were many unresolved issues. The staff will be inventorying and reviewing the caveats Anaheim stated when joining the authority. Some of the most critical issues were the alignment of the Eastern Corrider in the City's sphere of influence and making certain that a couple of alternatives were dropped which suggested alignments coming through Anaheim's current City limits. The Authority will start putting those issues on their agenda and working through committees. The issues that still exist would have to be fully discussed, debated and voted on. 114/144: REQUEST FOR VERBATIM TRANSCRIPT: Councilman Bay requested a verbatim transcript of a portion of the Council meeting of April 15, 1986, Item No. 1A-24 - the Police 2000 Project. He wanted the verbatim on that subject because he considers it a key and important issue. There was no opposition by the Council in directing staff to submit a verbatim transcript of this discussion the the Police 2000 Project. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session to discuss the balance of the items previously articulated by the City Attorney. Councilwoman Kaywood seconded the motion. Councilman Overholt was absent. MOTION CARRIED. (5:18 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Overholt. (5:32 p.m) 153: ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT: offered Resolution No. 86R-160 and 86R-161 for adoption, Human Resources Director. Refer to Resolution Book. Councilman Roth as recommended by the RESOLUTION NO. 86R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. RESOLUTION NO. 86R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME JOB CLASSIFICATIONS REPRESENTED BY THE HOSPITAL AND SERVICE EMPLOYEES' UNION, LOCAL NO. 399 AND RESCINDING RESOLUTION NO. 83R-129. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Resolution Nos. 86R-160 and 86R-161 duly passed and adopted. ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Bay seconded the motion. Councilman Overholt was absent. MOTION CARRIED. (5:33 p.m.) LEO~P~"N. SOHL, CITY CLERK 303