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1986/05/06City Hall~ Anaheim,. California - COUNCIL MINUTES - May 6, 1986~ 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT ABSENT: PRESENT COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth (Councilman Overholt entered at 10:27 a.m.) 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 ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood 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: Fire Service Day in Anaheim, May 10, 1986, Traffic Safety Week in Anaheim, May 18-24, 1986. Traffic Safety Week was accepted by Lt. James Thalman, Police Traffic Bureau Commander. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to the Loara High School wrestling team upon winning the CIF Championship. Coaches Martins and Raymore and members of the team were present to accept the Resolution. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Rosellen Roebuck, upon being elected President of the Southern California Dental Assistants Association. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City Council for presentation to Tom Danley, Katella High School Athletic Director commending him for his many years of service to the Katella High School Basketball team and Athletic Department. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held April 22, 1986. Councilman Bay seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 324 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6~ 1986~ 10:00 A.M. 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 Bay seconded the motion. Councilman Overholt was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,152,532.41, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CA?.~NDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 86R-175 through 86R-186, both inclusive, for adoption. 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 Sci Kyung Lee for bodily injury sustained purportedly due to actions of the City on or about February 4, 1986. t. Claim submitted by Donald Gerler for bodily injury sustained purportedly due to actions of the City on or about December 14, 1985. c. Claim submitted by Doris H. Hitt for property damage sustained purportedly due to actions of the City on or about March 3, 1986. d. Claim submitted by Holiday Harbor Homeowners Association #1 (Mary Lou Lemotne, Director) for property damage sustained purportedly due to actions of the City on or about January 7, 1986. 2. Receiving and filing the following correspondence: (on file) a. 105: Public Utilities Board, Minutes of April 3, 1986. b. 105: Park and Recreation Commission, Minutes of February 26, 1986. c. 173: Inter-County Airport Authority Credentials and plans for development of a new airport to supplement John Wayne Airport. (Report on file) 3. 175: Approving the request of Southern California Edison Company, as OperatingAgent of the San Onofre Nuclear Generating Station, to execute Modification No. 3 to the Department of Energy Utility Services Contract No. DE-SC05-84UE07541, to reduce the ceiling charge for uranium enrichment services and delaying the filing of notice by customer for increasing FY 1985 deliveries to October 1, 1986, on behalf of the City. 325 City Hall~ Anaheim, California - COUNCIL MINUTES - May 6~ 1986, 10:00 A.M. 4. 123/128: Authorizing an agreement with Jones Hall Hill & White in an amount not less than $6,000 nor more than $12,000, plus out-of-pocket expenses not to exceed $2,500, to provide legal services in connectionwith the authorization and issuance of Tax and Revenue Anticipation Notes for 1986. Authorizing an agreement with Seidler-Fitzgerald in an amount not to exceed $29,000 for financial consulting services relative to the Tax and Revenue Anticipation Notes for 1986. 5. 123: Authorizing an agreement with Orange County Transit District to provide 15 parking spaces for park and ride purposes in Peralta Canyon Park parking lot on weekdays from approximately 6:00 a.m. to 7:30 p.m. for a trial period of 90 days beginning May /2, 1986, and on a month-to-month basis thereafter, at a cost of $5 per space per month. 6. 123: Authorizing ahA mended Agreement with the City of Placentia to widen and rehabilitate Lakeview Avenue from 0rangethorpe Avenue to La Palma Avenue, to provide for a 2-month extension of time for award of the construction contract. 7. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $52,422.68 for 1,728 single-phase meters, in accordance with Bid No. A4323. 8. 160: Accepting the bid of Coast Roof Co., Inc., in the amount of $19,950 for replacing the roof on the Purchasing/Utilities Warehouse building, in accordance with Bid No. 4327. 9. 165: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $60,718.78 for hardware and software enhancements for a redundant computer system for the Utilities Load Management System. 10. 169: RESOLUTION NO. 86R-175: 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. (Alley Improvement, East-West Alley south of Broadway, West Street to 580 feet west of West Street, Account No. 01-793-6325-E3030; and opening of bids on June 5, 1986) 11. 169: RESOLUTION NO. 86R-176: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR A CERTAIN PUBLIC WORK. (SILVERI & LE BOUEF, JV) (Awarding a contract to the lowest and best responsible bidder, Silveri & Le Bouef, JV, in the amount of $1,861,008.52, for Broadway, Harbor Boulevard, Clementine Street and Chestnut Street--Street, Storm Drain, Sewer, Water, Street Light, Traffic Signal, Electrical and Landscape Improvements, Account No. 46-792-6325-E2250) 12. 169: RESOLUTION NO. 86R-177: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR A CERTAIN PUBLIC WORK. (NOBEST, INCORPORATED) (Awarding a contract to the lowest and best responsible bidder, Nobest, Inc., in the amount of $37,106.90, for Knott Street Street Improvement, Account Nos. 24-792-6325-E2210 and 52-606-6329-05030) 326 .City Hall~ Anaheim~ California - COUNCIL MINUTES - May 6, 1986, 10:00 A.M. 13. 169: RESOLUTION NO. 86R-178: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR A CERTAIN PUBLIC WORK. (SULLY-MILLER CONTRACTING COMPANY) (Awarding a contract to the lowest and best responsible bidder, Sully-Miller Contracting Company, in the amount of ~100,104.15, for Dale Avenue Street Improvement, Account Nos. 15-793-6325-E3050 and 15-479-6993-00589 and 51-484-5113-00732. 14. 123: RESOLUTION NO. 86R-179: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN EXTENSION OF COMMITMENT AGREEMENT (SECOND UNIT FINANCING) (Authorizing an Extension of Commitment Agreement with California Housing Finance Agency extending the date of the agreement to November 30, 1986 for second unit financing program) In response to questions by Councilwoman Kaywood, Director of Community Development and Planning Norm Priest reported that this action does not specifically refer to "granny units", but merely extends the term of the agreement with the California Housing Finance Agency in order to complete the program. 15. 123: RESOLUTION NO. 86R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVINGANEXTENSION OF COMMITMENT AGREEMENT (MULTIFAMILY REHABILITATION) (Authorizing an Extension of Commitment Agreement with California Housing Finance Agency extending the date of the agreement to September 10, 1986 for multifamtly rehabilitation and infill new construction program (1985 Issue A). 16. 179: RESOLUTION NO. 86R-181: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION VARIANCE NO. 105 AND DECLARING RESOLUTION NO. 1699 NULL AND VOID. (Terminating Variance No. 105, to build a ranch type structure for a shop to sell square dance supplies on property located at 1239 North Harbor Boulevard, as a condition of approval of Conditional Use Permit No. 2719) 17. ]58: RESOLUTION NO. 86R-182: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 18. 158: RESOLUTION NO. 86R-183: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #3292-2) 19. 158: RESOLUTION NO. 85R-184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES (R/W #3292-4) ' 20. 158: RESOLUTION NO. 86R-185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROADAND PUBLIC UTILITY PURPOSES. (R/W #3428) 327 181 City Hall~ Anaheim, California - COUNCIL MINUTES - May 6~ 1986~ 10:00 A.M. 21. 158: RESOLUTION NO. 86R-186: A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0FANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #3500-20) 22. 160/115: Authorizing the Purchasing Agent to issue purchase orders for the acquisition of video projection equipment for the retrofit of the City Council Chamber. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Resolution No. 86R-175 through 86R-186, both inclusive, duly passed and adopted. End of Consent Calendar. Councilman Overholt was absent. MOTION CARRIED. 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 2738: Request for a Rehearing submitted by Howard Richey, for Conditional Use Permit No. 2738, to permit Hope University, an elementary school, a pre-school, and to construct a 2-story, 8-unit housing facility in conjunction with a church on RS-A-43,000 zoned property located at 1408 South Euclid Street, with various Code waivers, granted by City Council on February 25, 1986. This matter was continued from the meeting of April 8, 1986, to this date. In accordance with request by Howard Richey, 1655 Palais Road, Anaheim, Councilman Roth moved that Council consideration of rehearing request be continued 30 days (June 3, 1986), to allow completion of negotiations in an attempt to resolve differences between developers and residents of the area. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Overholt entered the Council Chambers. (10:27 a.m.) 105: REPLACEMENT OF MEMBERS - ANAHEIM YOUTH COMMISSION: Memorandum from Susan Kerr, Chairperson, requesting alternates be appointed to replace two Youth Commissioners £or remainder o~ unexpired terms (I~/m, Reynoso) was submitted, 105: APPOINTMENT TO THE YOUTH COMMISSION: Appointment of two new Youth Commissioners to fill terms expiring December 31, 1986. Councilwoman Kaywood moved that alternates Sharon J. Bae and Becky Edmonds be appointed to fill the unexpired terms of two Youth Commissioners. Councilman Roth moved to close nominations. Councilman Pickler seconded the motion. MOTION CARRIED. Council Members Bay and Kaywood nominated Michael Procopio and Sun K. Kim, respectively, to serve as alternates on the Youth Commission. 328 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1986, 10:00 A.M. Councilwoman Kaywood moved to close nominations. Councilman Roth seconded the motion. MOTION CARRIED. 108: PUBLIC DANCE PERMIT - .~%TA}{ET~ CRUZ SOCCER CLUB: Councilman Bay moved to approve the application for a Public Dance Permit submitted by Patricia Guerena, for the Anaheim Cruz Soccer Club, to hold a dance at the Anaheim Convention Center on May 10, 1986, from 6:00 p.m. to 1:00 a.m., in accordance with the recommendations of the Chief of Police. Councilman Pickler seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 14, 1986, pertaining to the following applications were submitted for City Council information. 1. VARIANCE NO. 3539: Submitted by The East Hills Development Co., request for & density transfer of 58 units from Area 7 to Area 6 within the Bauer Ranch General Plan of Development and modification of the exhibits for the Land Use and Population Elements of said plan, and to construct a 292-unit apartment complex on RS-A-43,000(SC) zoned property located south and east of the intersection of Santa Ana Canyon Road and the proposed southerly extension of Weir Canyon Road, with the following Code waivers: (a) required type of parking spaces, (b) maximum structural height, (c) required site screening. The City Planning Commission, pursuant to Resolution No. PC86-79, granted Variance No. 3539 with approval of density transfer from Area 7 to Area 6, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2776: Submitted by D & D Development Company, a Corporation, (Harbor Inn), to permit an 8 and 9-story, Y5.5 to 91-foot high, 470-room hotel with accessory uses including on-sale of alcoholic beverages on CR zoned property located at 1460 South Harbor Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission referred to the City Council and a public hearing is scheduled at 1:30 p.m. this date. 3. RECLASSIFICATION NO. 85-86-27 AND VARTANCE NO. 3547: Submitted by Steven W. and Pamela S. Hall, et al, for a change in zone from RS-A-43,000 to RM-1200, to construct a 37-unit apartment complex on property located at 2215 South Loafs Street, with Code waiver of maximum building height. The City Planning Commission, pursuant to Resolution No. PC86-81 and 82, denied Reclassification No. 85-86-27 and Variance No. 3547, and granted a negative declaration status. 4. VARIANCE NO. 3553: Submitted by William Q. and Ruth G. Nicholson, to construct a 2-story, single-family residence on RS-HS-43,000(SC) zoned property located at 1115 South Tuckaway Circle, with Code waiver of maximum structural height. The City Planning Commission, pursuant to Resolution No. PC86-86, granted Variance No. 3553, and granted a negative declaration status. 329 1"7 9 City Hall~ Anaheim, California - COUNCIL MINUTES - May 6~ 1986, 10:00 A.M. 5. CONDITIONAL USE PERMIT NO. 2779: Submitted by Leaverton Rowland Assoc., to permit an industrially-related office building on ML(SC) zoned property located at 1290 North Hancock Street, with the following Code waivers: (a) minimum dimensions of parking spaces (denied), (b) minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-87, granted in part, Conditional Use Permit No. 2779, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2780: Submitted by McDonald's Plaza, (McDonald's Restaurant), Franchise Realty Corp., to expand an existing drive-through restaurant on CL zoned property located at 2411 West Ball Road, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-88, granted Conditional Use Permit No. 2780, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2783: Submitted by Jeff Freiden, (Big Joe's Tires), to permit an auto sales facility on CG zoned property located at 200 North Manchester Avenue. The City Planning Commission, pursuant to Resolution No. PC86-89, granted Conditional Use Permit No. 2783, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2786: Submitted by Terra Firma Properties, Inc., to permit a 2-story self-storage facility on CG zoned property located on the south side of Wilken Way, east of Harbor Boulevard, with the following Code waivers: (a) minimum number of parking spaces, (b) minimum required public parking area. The City Planning Commission, pursuant to Resolution No. PC86-90, granted Conditional Use Permit No. 2786, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 2778: Submitted by Pedro and Adelina Ureno, to permit a granny unit on RS-7200 zoned property located at 911 North Dickel Street, with the following Code waivers: (a.) maximum lot coverage, (b) minimum structural setback and yard requirements. The City Planning Commissions pursuant to Resolution No. PC86-91, granted Conditional Use Permit No. 2778, and ratified the Planning Director's categorical exemption determination, (Class 3). 10. VARIANCE NO. 3552: Submitted by Gary Martin and Carole S. Yencer, to construct an enclosed patio cover on RS-7200 zoned property located at 1550 Flippen Circle, with Code waiver of minimum side yard setback. The City Planning Commission, pursuant to Resolution No. PC86-93, granted Variance No. 3552, and ratified the Planning Director's categorical exemption determination, (Class 5). 330 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 6~ 1985~ 10:00 A.M. 11. SPECIMEN TREE REMOVAL NO. 86-03: Submitted by Keith A. and Andrea R. Kohler, request for removal of six Eucalyptus trees to facilitate construction of a swimming pool on RS-HS-22,000(SC) zoned property located at 241 Old Bridge Road. The City Planning Commission approved Specimen Tree Removal No. 86-03 and granted a negative declaration status, 12. CONDITIONAL USE PERMIT NO. 1618 (RF~DV.): Submitted by Leonard Massena, for a 3-year extension of time to Conditional Use Permit No. 1618, or deletion of Condition No. 7 of Resolution No. PC76-91, pertaining to required extensions of time, to permit a day care nursery for 24 children in an existing residence on RS-7200 zoned property located at 733 South State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC86-94 granted deletion of Condition of No. 7 in Resolution No. PC76-91 granting Conditional Use Permit No. 1618, and previously granted a negative declaration status. 13. CONDITIONAL USE PERMIT NO. 1671 (R¥~DV): Submitted by B.B.Q. Spice & Juicy Inc., requesting an extension of time to Conditional Use Permit No. 1671, or deletion of Condition No. 2 of Resolution No. PC76-260, pertaining to required extensions of time, to retain on-sale beer and wine in an existing restaurant on CL zoned property located at 1527 East La Palms Avenue. The City Planning Commission, pursuant to Resolution No. PC86-94 granted deletion of Condition of No. 2 in Resolution No. PC76-260 granting Conditional Use Permit No. 1671, and previously granted a negative declaration status. 14. RECLASSIFICATION NO. 81-82-16, CONDITIONAL USE PERMIT NO. 2311~ AND TENTATIVE TRACT MAP NO. l1425--T~KMINATIONS: Submitted by Neal L. Singer, to terminate Reclassification No. 81-82-16, Conditional Use Permit No. 2311 and Tentative Tract Map No. 11425, for a change in zone from RM-1200 to RM-3000 zoning, to establish a 4-unit, 169-unit subdivision, on property located on the east side of C![ron Street between Broadway and Santa Aha Street (former Fremont Junior HigffSchool playfteld), as a condition of approval of Reclassification No. 84-85-11. The City Planning Commission, pursuant to Resolution No. PC86-96 and 97, terminated Reclassification No. 81-82-16, Conditional Use Permit No. 2311, and Tentative Tract Map No. 11425. 15. RECLASSIFICATION NO. 79-80-42~ CONDITIONAL USE PERMIT NO. 1337~ VARIANCE No. 3156 AND TENTATIVE TRACT NO. l1079--Tgf(MINATIONS: Submitted by Bow Toy, to terminate Reclassification No. 79-80-42, Conditional Use Permit No. 1337, Variance No. 3156, and Tentative Tract No. 11079, for a change in zone from RS-A-43,000 to KM-3000, to establish a l-lot, 12-unit residential condominium on property located at 3633 West Ball Road, as a condition of approval of Reclassification No. 84-85-25. The City Planning Commission, pursuant to Resolution No. PC86-98, 99 and 100, terminated Reclassification No. 79-80-42, Conditional Use Permit No. 1337, and Variance No. 3156. 331 177 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1986, 10:00 A.M. 16. CONDITIONAL USE PERMIT NO. 1484NTERMINATION: Submitted by Bessie Walls Restaurant, to terminate Conditional Use Permit No. 1484, to permit an enclosed restaurant with a cocktail lounge on ML zoned property located at 1074 North Tustin Avenue, as a condition of approval of Conditional Use Permit No. 2685. The City Planning Commission, pursuant to Resolution No. PC86-101, terminated Conditional Use Permit No. 1484. 17. VARIANCE NO. 3257--TERMINATION: Submitted by Chez Grand'Mere Incorporated, to terminate Variance No. 3257, to retain the outdoor display of flowers and an existing free-standing si~n with certain Code waivers on CG zoned property located at 1239 North Harbor Boulevard, as a condition of approval of Conditional Use Permit No. 2719. The City Planning Commission, pursuant to Resolution No. PC86-102, terminated Variance No. 3257. 18. VARIANCE NO. 3141 AND CONDITIONAL USE PERMIT NO. 2211--TERMINATIONS: SubmJ. tted by United Suites Development Corporation, request to terminate Variance No. 3141 and Conditional Use Permit No. 2211, to permit waivers of required lot frontage and minimum landscaped setback to construct an industrial complex and to permit a large equipment storage yard with waiver of minimum landscaped setback, on property located at 3100 East Frontera Street, as condition of approval of Conditional Use Permit No. 2599. The City Planning Commission, pursuant to Resolution No. PC86-103 and 104, terminated Variance No. 3257 and Conditional Use Permit No. 2211. 19. VARIANCE NO. 3479--EXTENSION OF TIME: Submitted by Williamson Self Storage, requesting an extension of time to Variance No. 3479, to expand a self-storage facility on ML zoned property located at 3450 East La Palms Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission approved an extension of time to Variance NO. 3479, tO expire April 29, 1987. 20. CONDITIONAL USE PERMIT NO. 2623--EXTENSION OF TIME: Submitted by Cabot, Cabot and Forbes, requesting an extension of time to Conditional Use Permit No. 2623, to permit a 3-story business and professional office building on ML zoned property located at 2201 East Orangewood Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2623, to expire October 1, 1987. 21. CONDITIONAL USE PERMIT NO. 2777 (READV.): Submitted by Burnett-Ehline Properties, to permit an industrially related office building on ML zoned property located at 2100 South State College, with the following Code waivers: (a) required landscaped setback (in part), (b) dedication of right-of-way (deleted), (c) minimum dimensions of vehicle accessways, (d) minimum dimensions of parking spaces, (e) minimum number of parking spaces, (f) maximum compact parking spaces. 332 178 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 6, 1986~ 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC86-80, granted in part, Conditional Use Permit No. 2777 (Readv.), and granted a negative decle, ration status. A review of the Planming Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be scheduled at a later date. 22. RECLASSIFICATION NO. 85-86-28 AND VARTANCE NO. 3548: Submitted by Gerald H. and Yolanda Wischmeyer, for a change in zone from RS-A-43,000 to RM-1200, to construct a 2-story, 4-unit apartment building on property located at 1721 East Sycamore Street, with the following Code waivers: (a) minimum number and type of parking spaces (denied), (b) maximum structural height, (c) minimum structural setback. The City Planning Commission, pursuant to Resolution No. PC86-83 and 84, granted in part, Reclassification No. 85-86-28 and Variance No. 3548, and granted a negative declaration status. 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. 23. VARIANCE NO. 3549: Submitted by Richard M. Brand, to construct a 2-story, ~-unit apartment building on RS-A-43,000 zoned property located at 1725 East Sycamore Street, with the following Code waivers: (a) minimum number and type of parking spaces (denied), (b) maximum structural height (c) minimum structural setback. ' The City Planning Commission, pursuant to Resolution No. PC86-85, granted Variance No. 3549, and granted a negative declaration status. 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. 24. VARIANCE NO. 3550: Submitted by James J. and Janice M. Everett, to retain a patio cover on RS-7200 zoned property located at 805 South Courson Drive, with Code waiver of minimum structural setback and permitted encroachments into required yards. The City Planning Commission, pursuant to Resolution No. PC86-92, denied Variance No. 3550, and ratified the Planning Director's categorical exemption determination (Class 5). The decision of the Planning Commission was appealed by the applicant, and therefore, a public hearing would be scheduled at a later date. 108/142: ORDINANCE NO. 4710: Councilman Roth offered Ordinance No. 4710 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4710: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 4.18 OF TITLE 4 AND ADDING A NEW CHAPTER 4.18 TO TITLE 4 PERTAINING TO AMUSEMENTANDENTERTAINMENT PREMISES - RESTAURANTS AND BARS. 333 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - May 6~ 1986, 10:00 A.M. Roil Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, 0verholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4710 duly passed and adopted. 114/172: STUDY - PROPOSED KEVISION TO TRUCK ROUTE ORDINANCE: At the request of Mayor Roth, Traffic Engineer Paul Singer reported that while the Police Department had been conducting a study to improve the existing ordinance designated truck routes within the City, representatives of St. Anthony Claret Catholic Church had approached the City requesting greater safety measures on La Palma Avenue near their church. On May 5, 1986, a meeting was attended by 300-350 persons, and as a result, the La Palma Avenue link between Interstate 5 and the 57 Freeway was withdrawn from consideration in the study as a proposed truck route. Discussion was held by Council Members, and Mayor Roth expressed serious concern that an internal staff study by the City could reach the attention of the media and generate inquiries of Council Members while the City Council did not yet have knowledge of the study. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with the City's 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 confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1). c. To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(c). d. To consider Personnel matters - Government Code Section 54957. e. To consider such other matters as are orally announced by the City Attorney or City Manager prior to such recess unless such motion to recess indicates any of such matters will not be considered in closed session. f. To meet with City Council designated representative for labor relations, Government Code Section 54957.6. Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (10:55_a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Members Bay and Overholt. (1:30 p.m.) 334 176 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 6, 1986, 10:00 A.M. 104: PUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT NO. 1985-1: Public hearing was duly scheduled and held at this date and time pursuant to Resolution No. 86R-144 to consider objections to the improvements of proposed Street Lighting Assessment District No. 1985-1, to consist of properties along and upon the alleys abutting on Ninth Street and Walnut Street, and Cerritos Avenue and Audre Drive, in Tract Nos. 1647, 3278 and 3301. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 25, 1986. Posting of property April 25, 1986. STAFF INPUT: Memorandum dated April 28, 1986 was submitted from the City Engineer indicating that his Office had not received a majority protest to date and recommending that the City Council proceed by adoption of the Resolution declaring no majority protest was received. Mayor Roth asked if anyone wished to speak to this issue, either in favor or opposed. There being no response, he closed the public hearing. Mayor Roth offered Resolution Nos. 86R-187 and 86R-188 for adoption. Refer to Resolution Book. RESOLUTION NO. 86R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THERE WAS NO MAJORITY PROTEST PRESENTED AGAINST STREET LIGHTING ASSESSMENT DISTRICT NO. 1985-1. RESOLUTION NO. 86R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEANDNECESSITYREQUiRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pickler and Roth NOES: COUNCILMEMBERS: None ABSENT: COUNCIL MEMBERS: 0verholt and Bay The Mayor declared Resolution Nos. 86R-187 and 86R-188 duly passed and adopted. Council Members Bay and Overholt entered the Council Chambers. (1:40 p.m.) 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2776 AND NECATIV~ DECLARATION: APPLICANT: D & D Development Company ZONING/LOCATION/REQUEST: CR zoned property located at 1460 South Harbor Boulevard/To permit an 8 and 9 story, 75.5 to 91 foot high, 470 room hotel with accessory uses including on-sale of alcoholic beverages and with code waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: The Planning Commission took no action on this item, having declared conflicts pursuant to the Political Reform Act, and had referred the matter for decision to the City Council. 335 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1986~ 10:00 A.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 25, 1986. Posting of property April 25, 1986. Mailing to property owners within 300 feet - April 25, 1986. PLANNING STAFF INPUT: See Staff Report dated April 14, 1986. Jack White, City Attorney. Confirmed for Council Members that this item was referred to them without any action by the Planning Commission because a majority of the individual members of the Planning Commission had been advised of a potential conflict, within the meaning of the Political Reform Act. He further advised that the original Conditional Use Permit request was in part for a structure in excess of the height permitted, and the action on the part of the Planning Commission or Council to grant or deny such a permit could have a material effect on either party, the applicant or the objector, consequently the ruling concerning potential conflicts for Planning Commissioners was made. Subsequent to the scheduled hearing before Planning Commission and today's hearing date however the applicant has revised the plans and no longer requires a conditional use permit to be issued by the City. On that basis he had this date issued a written memorandum to the City Council indicating his opinion that neither the Planning Commission nor the City Council is at this time disqualified from acting on this decision as the potential conflict of interest has been eliminated. The application now before the Council still requires discretionary approval and the Council has the prerogative of either taking action or referring it back to the Planning Commission. APPLICANT'S STATEMENT: Frank Lowry, Attorney, representing the applicant, Farano & Kieviet, 100 South Anaheim Boulevard, Anaheim, Calif. He noted that his client had submitted revised plans indicating the maximum building height overall to be 75 foot. As a result the objection from Disneyland has been withdrawn. The issues remaining before Council for decision are the waiver from required number of parking spaces, and the request for on-sale of alcoholic beverages in conjunction with restaurant to be located in the hotel. Mr. Lowry noted that his client was willing to stipulate to the usual City condition that in the event the parking provided proves unsatisfactory additional vertical parking would be provided up to 178 spaces, and to bond for same. He additionally noted that his client has voluntarily agreed to the conditions set forth in the letter dated April 3, 1986 from Disneyland. 336 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 6~ 1986~ 10:00 A.M. PUBLIC DISCUSSION: IN FAVOR: Cecil Sanders, 21421 Seaforth, representing George Dickinson, owner of the property to the east- 1477 So. Manchester. He stated their only concern is that when this property is developed that drainage is adequately provided. It was pointed out by the Assistant Director for Zoning that there is a proposed standard condition (condition no. 8 in this instance) which should adequately cover the drainage concern expressed. OPPOSED: None. EXHIBITS MATERIALS SUBMITTED: None. SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Overholt questioned whether the applicant had entered into an agreement with Disneyland concerning the items presented in the Disneyland letter of April 3, 1986. Mr. Lowry indicated his client will make arrangements with Disneyland to include those requests as part of their project application, and will do so voluntarily. FINAL SUMMATION BY APPLICANT: Floyd Farano, Farano & Kieviet, 100 So. Anaheim Boulevard, Anaheim. Agreed to the proposal to change the application from a Conditional Use Permit to a Variance covering the parking waiver portion of the application inasmuch as he was assured from discussion that the routine service of alcoholic beverages in conjunction with a restaurant would be permitted in the CR zone without a Conditional Use Permit. CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN: Following discussion, and on advice of the City Attorney, the Council determined to approve this item as a Variance in lieu of a Conditional Use Permit as originally submitted, due to the fact that the only remaining waiver is that of parking, and the sale of acoholic beverages in conjunctionwlth a restaurant/food service as proposed would be permitted in the CR zone without any further permit. COUNCIL ACTION: Mayor Roth closed the public hearing. 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 226 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6~ 1986, 10:00 A.M. comments received, that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler offered Resolution No. 86R-189 for adoption, granting Variance No. 3566 to allow waiver of minimum number of required parking spaces, subject to the Interdepartmental Conditions as recommended. Refer to Resolution Book. RESOLUTION NO. 86R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VAkIANCE NO. 3566. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-189 duly passed and adopted. 179: URGENCY ORDINANCE - COMMERCIAL RECREATION ZONE USES IN POTENTIAL CONFLICT: Annika Santalahti, Assistant Planning Director for Zoning, indicated that certain parcels of land have been designated in red on a map labeled Exhibit "A", which are either in the C~ zone or have a Resolution of Intent to be zoned CR, and were identified as presently in a zone or zones potentially inconsistent with the General Plan for some reason. The purpose of the urgency ordinance is two-fold: (1) to initiate a study to be undertaken of those properties with a recommendation to be made to the City Council as to their appropriate ultimate zone, and as to whether or not the General Plan should be amended, and (2) to provide for a 45-day study period within which no use or permit for use will be granted which does not conform to Section 1 of the Ordinance, l.e, uses which are compatible to and permitted in the CR zone. It was recommended by the Executive Director of Community Development and Planning that this ordinance be adopted as an urgency ordinance inasmuch as there exists a threat to public health, safety or welfare. Councilman Pickler offered Ordinance No. 4711 for introduction and adoption, as an urgency ordinance. Refer to Ordinance Book. ORDINANCE NO. 4711: AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTINGAN INTERIM ORDINANCE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA PROHIBITING ANYUSES OF CERTAIN DESCRIBED PROPERTY WHICH USES ARE IN CONFLICT WITH THE ZONING PROPOSAL THE CITY IS CONSIDERING FOR SUCH PROPERTY AND DECLARING THAT THIS ORDINANCE IS AN URGENCYMEASURE WHICH SHALL TAKE IMMEDIATE EFFECT. The City Clerk read the Ordinance in full. Roll Call Vote: 338 I70 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6~ 1986~ 10:00 A.M. AYES: NOES: ABSF.~T: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Pickler Roth None The Mayor declared Ordinance No. 4711 duly passed and adopted. RECESS - CLOSED SESSION: Councilman Roth moved to recess to closed session. Councilwoman Kaywood seconded the motion. MOTION CARRIED (5:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:59 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded the motion. MOTION CAR1LIED. (6:00 p.m.) LEONORA N. SOHL, CITY CLERK 339