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1981/09/1581-1212 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay CITY MANAGER: William 0. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: WATER ENGINEERING MANAGER: Ray Auerbach ASSISTANT DIRECTOR OF FINANCE: ASSISANT DIRECTOR FOR ZONING: 0verholt, Kaywood, Roth and Seymour Norm Priest Irwin Bornstein Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Pastor George Brown, Day Star Christian Center, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and authorized by the City Council: "Constitution Week in Anaheim" - September 17 to 23, 1981 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was unanimously adopted by the City Council, to be presented to Temple Beth Emet on the occasion of their Silver Anniversary. MINUTES: Approval of the minutes was deferred to the next regular meeting. 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 ~he motion. Councilman Bay was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~9,930,324.88, in accord- ance with the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Overholt, the following items were approved as recommended: a. 160: Bid No. 3799: Fifty-four 14.4Kv Hook-stick operated outdoor discon- nect switches with insulators,'Item No. 1, and twenty-seven with grounding blade'and insulators, Item No. 2. Award to Siemens-Allis, $11,619.72. 81-1213 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. b. 106/140: Reappropriating $35,485.15 received from the Buena Park and Placentia Library Districts, pursuant to respective agreements for COM Catalog services, to Capital Project No. 903-COM Catalog. c. 106/140: Reappropriating $50,000 of unexpended funds from FY 1980-81 to FY 1981-82 for Capital Project No. 904, Canyon Hills Library. Councilman Bay was absent. MOTION CARRIED. 160: PURCHASE ORDER TO MCMAHAN DESK, INC.: Recommendation from the Purchasing Agent that the City Council authorize the issuance of a purchase order to McMahan Desk, Inc., in the amount of $27,841.98 for office furniture in conjunction with the expansion of the Police Department was removed from the above consent calendar at the request of Mayor Seymour for purposes of clarification. Later in the meeting, a breakdown indicating the'specific items of furniture to be purchased was submitted to the Council and on motion by Councilman Seymour, seconded by Councilman Roth, the City Council authorized the Purchasing Agent to issue a purchase order to McMahan Desk, Inc., in the amount of $27,841.98. Councilman Bay was absent. MOTION CARRIED. 177: PARTICIPATION IN STATE DEFERRED PAYMENT REHABILITATION LOAN PROGRAM/ RENTAL HOUSING: In accordance with the recommendations submitted by the Executive Director of the Community Development Department, Councilman Overholt offered Resolution No. 81R-435 for adoption, rescinding previous Resolution No. 81R-270, authorizing participation in the State Deferred Payment Rehabilitation Loan Program for rental housing, since the Anaheim Housing Authority is the appropriate entity to administer the program. Refer to Resolution Book. RESOLUTION NO. 81R-435: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 81R-270. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL ME~fBERS: None ABSENT: COUNCIL MEMBERS: Bay The Mayor declared Resolution No. 81R-435 duly passed and adopted. 123: FIRST AMENDMENT TO AGREEMENT WITH JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC. - TWO-MILLION GALLON RESERVOIR - LENAIN FILTRATION PLANT: Following receipt of verbal explanation from Water Superintendent Auerbach, in addition to the written recommendation submitted by the Secretary of the Public Utilities Board, on motion by Councilwoman Kaywood, seconded by Coun- cilman Overholt, the City Council authorized a first amendment to the agree- ment with James M. Montgomery Consulting Engineers, Inc., increasing the origihal contract amount to $83,500 for additional engineering services due to 81-1214 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. construction contractor's progress in extending the scheduled completion date, and deleting services for the 36-inch water transmission line in Santa Ana Canyon Road in connection with the Two-Million Gallon Reservoir at the Lenain Filtration Plant. Councilman Bay was absent. MOTION CARRIED. 123: FIRST AMENDMENT TO AGREEMENT WITH ALDERMAN, SWIFT AND LEWIS, 36-INCH WATER TRANSMISSION MAIN IN SANTA ANA CANYON ROAD BETWEEN VIA CORTEZ AND ANAHEIM HILLS ROAD: On motion by Councilman Overholt, seconded by Councilman Roth, a first amendment to the agreement with Alderman, Swift and Lewis, increasing the original contract amount to $108,207 for additional engineering services due to enlargement of the scope of work on the 36-inch water trans- mission main in Santa Ana Canyon Road, was authorized, as recommended by the Public Utilities Board. Councilman Bay was absent. MOTION CARRIED. 105: YOUTH COMMISSION - TERMINATION OF MEMBERS DUE TO LACK OF ATTENDANCE: Letter dated September 11, 1981 from Beth Fujishige, Chairperson of the Anaheim Youth Commission, was submitted indicating the necessity to terminate the terms of four Youth Commission members due to lack of attendance at three consecutive meetings. Prior to making any decision on the terminations, the City Council directed that City staff prepare a report addressing the lack of attendance problem and further to submit attendance figures for the entire Commission for the past 12 months. No further action was taken. 105: RESIGNATION - PLANNING CO~IMISSION, HAROLD V. TOLAR: On motion by Coun- cilman Roth, seconded by Councilwoman Kaywood, the City Council accepted, with regret, the resignation of Harold V. Tolar from the City Planning Commission; said resignation effective the day upon which a replacement appointment is made, and further directed that the scheduled vacancy notices be posted. Councilman Bay was absent. MOTION CARRIED. The City Council further directed that a resolution of appreciation be pre- pared for later presentation to Mr. Tolar. 105: RESIGNATION - PROJECT AREA COMMITTEE - JAMES C. ROBINSON: On mobion by Councilwoman Kaywood, seconded by Councilman Overholt, the City Council accepted the resignation of Mr. James C. Robinson from the Project Area Committee, with regret, and directed that the appropriate notice of un- scheduled vacancy be posted. Councilman Bay was absent. MOTION CARRIED. 108: PUBLIC DANCE HALL PERMIT - CORONADO LOUNGE: On motion by Councilman Overholt, seconded by Councilman Roth, the City Council rescinded the action taken September 8, 1981 to approve a Public Dance Hall Permit for the Coronado Lounge, 1274 South Magnolia Avenue, due to the fact that a conditional use permit is required prior to approval of such use. Councilman Bay was absent. MOTION CARRIED. 128: 'WRITE-OFF OF 1980-81 UNCOLLECTIBLE MISCELLANEOUS ACCOUNTS: An addi- tional staff report from the Finance Director containing an update of the pro- cedures used to collect miscellaneous accounts was submitted, as requested by 81-1215 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. the City Council at their meeting of August 18, 1981. Additional information as to the efforts made for collection of the accounts not included in the updated report was requested, and the matter was trailed until later in the meeting pending this. When the additional material was submitted, Mayor Seymour was still not satis- fied and had further questions regarding certain of the items listed, in par- ticular, the sums of money owed the City by the County of Orange and further the notation shown on many of the accounts "referred to the City Attorney prior to June 30, 1980." MOTION: Although he indicated he was not satisifed with the manner in which these uncollectible accounts were being handled, Mayor Seymour moved to authorize the 1980-81 write-off of uncollectible miscellaneous accounts receivable totalling $68,293.12. Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION CARRIED. 108: ENTERTAINMENT PERMIT - THE GOLD ROOM: Application for Entertainment Permit submitted by Ronald R. Latremouille, to allow three musicians at The Gold Room, 508 South Knott Street, was continued from the meeting of September 8, 1981 to this date to determine whether there would be any impact on residential areas. On receipt of the verbal report from the Zoning Director indicating that no residential areas would be affected, on motion by Councilman Seymour, seconded by Councilman Roth, the Entertainment Permit for The Gold Room, 508 South Knott Street, was approved. Councilman Bay was absent. MOTION CARRIED. 166/108: SUPERIOR FURNITURE EXTENSION OF TIME TO QUITTING BUSINESS PERMIT: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council granted a 60-day extension of time to the Quitting Business Permit and to the Special Events Permit for Superior Furniture, 1225 South State College Boulevard, (Mr. Harold Abedor, President, applicant), to allow two existing four-by-eight signs to remain for the duration of sale, subject to the payment of an additional $10 per day license fee; said period of extension to run for 60 days from September 27, 1981. Councilman Bay was absent. MOTION CARRIED. CORRESPONDENCE: On motion by Councilman Overholt, seconded by Councilman Seymour, the following correspondence was ordered received and filed: a. 107: Planning Department, Building Division--Monthly Report for August 1981. b. 105: Youth Commission--Minutes of August 12, 1981. c. 105: Project Area Committee--Minutes of August 25, 1981. Councilman Bay was absent. MOTION CARRIED. 81-1216 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held August 24, 1981, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 81-82-4 AND CONDITIONAL USE PERMIT NO. 2249: Submit- ted by Gloria Rowe, for a change in zone from RS-A-43,000(SC) to CO(SC), to permit a church, preschool, and office complex on property located at the southeast corner of Santa Aha Canyon Road and Fairmont Boulevard, with various Code waivers. The City Planning Commission, pursuant to Resolution No. PC81-182 and 183, granted, in part, Reclassification No. 81-82-4 and Conditional Use Permit No. 2249, and granted a negative declaration status. 2. VARIANCE NO. 3223 (READVERTISED): Submitted by Shirish H. Patel, et al, to expand an existing motel on proposed CR zoned property located at 1604 South Harbor Boulevard, with various Code waivers. The City Planning Commission, pursuant to Resolution No. PC81-176, granted, in part, Variance No. 3223, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2234: Submitted by Lugaro Enterprises, Inc., to permit a wholesale plant nursery on CL zoned property located at 436 North Magnolia Avenue. The City Planning Commission, pursuant to Resolution No. PC81-180, granted Conditional Use Permit No. 2234, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2248: Submitted by Gene A. Albin, Sr., and Katie M. Albin, to expand an existing board and care facility on RS-A-43,000 zoned property located at 354 East Orangewood Avenue. The City Planning Commission, pursuant to Resolution No. PC81-181, granted Conditional Use Permit No. 2248, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2250: Submitted by Jerry N. and Laureen A. Shepherd, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 595 South Knott Street, with a Code waiver o~ minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-17§, granted Conditional Use Permit No. 2250, and ratified the Planning Director's categor- ical exemption determination. 6. CONDITIONAL USE PERMIT NO. 2251: ~ubmitted by Eddie R. Fischer, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 656 South Brookhurst Street. The City Planning Commission, Pursuant to Resolution No. PC81-177, granted Condiiional Use Permit No. 2251, and ratified the Planning Director's categor- ical exemption determination. 81~1217 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. 7. VARIANCE NO. 895 - REQUEST FOR TERMINATION: Submitted by E. J. Tyreman, Trustee/Tyreman Family Trust, requesting termination of Variance No. 895, to permit a service station on CL zoned property located at 1006 West La Palma Avenue, as a condition of approval under Conditional Use Permit No. 2228. The City Planning Commission, pursuant to Resolution No. PC81-184, terminated Variance No. 895. 8. VARIANCE NO. 1968 - REQUEST FOR TERMINATION: Submitted by Badruddin A. Damani, requesting termination of Variance No. 1968, to permit a car rental service facility on RM-1200 zoned property located at 1200 West Cerritos Avenue, as a condition of approval under Conditional Use Permit No. 2110. The City Planning Commission, pursuant to Resolution No. PC81-185, terminated Variance No. 1968. 9. RECLASSIFICATION NO. 80-81-9 - EXTENSION OF 'TIME: Submitted by Anaheim Hills, Inc., requesting an extension of time to Reclassification No. 80-81-9, proposed RS-HS-22,000(SC) and RS-HS-43,000(SC) zoning on property located at the southwest corner of Avenida de Santiago and Hidden Canyon Road. The City Planning Commission approved an extension of time to Reclassification No. 80-81-9, to expire October 6, 1982. 10. CONDITIONAL USE PERMIT NO. 1769 - EXTENSION OF TIME: Submitted by Marie Albert, requesting an extension of time to Conditional Use Permit No. 1769, to permit on-sale beer and wine within a delicatessen on CL zoned property located at 1287 "D" East Lincoln Avenue. The City Planning Commission approved an extension of time'to Conditional Use Permit No. 1769, to expire November 21, 1981. 11. CONDITIONAL USE PERMIT NO. 1166 AND 1645 - EXTENSIONS OF TIME: Submitted by Town Tour Fun Bus Company, Inc., requesting extensions of time to Condi- tional Use Permit Nos. li66 and 1645, to permit a bus terminal and to allow bus storage and repair facilities on CG and proposed CL zoned property located at 304 East Katella Way and 1825 Mountain View Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit Nos. 1166 and 1645, to expire August 16, 1982. 12. 134/155: ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY: Submitted by Orange County Environmental Management Agency, requesting a determination as to conformity with the City's General Plan as it pertains to construction of flood control improvements in Esperanza Channel, from La Palma Avenue to the inlet at the Santa Ana River. The City Planning Commission, pursuant to Resolution No. PC81-186, determined the construction of flood control improvements in Esperanza Channel, from La Palm~ Avenue to the inlet at the Santa Ana River, to be in conformance with the City's General Plan. 81-1218 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. No action was taken on the foregoing items; therefore the actions of the City Planning Commission became final. VARIANCE NO. 3236: Submitted by Robert M. Lloyd, to construct a three-unit apartment complex on RM-2400 zoned property located at 875 South Claudina Street, with a Code waiver of minimum building site area per dwelling unit. The City Planning Commission, pursuant to Resolution No. PC81-179, granted Variance No. 3236, and granted a negative declaration. Councilwoman Kaywood requested a review of the Planning Commission's action on Variance No. 3236. 175/137: ORDINANCE NO. 4267 (SONGS): Councilman Overholt offered Ordinance No. 4267 for adoption, relating to the purchase of an additional 1.5% interest in San Onofre Nuclear Generating Station, (SONGS), Units 1 and 2. Refer to Ordinance Book. ORDINANCE NO. 4267: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING AN ORDINANCE HERETOFORE ADOPTED BY SAID CITY COUNCIL ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE AND SALE OF $92,000,000 ELECTRIC REVENUE BOND ANTICIPATION NOTES OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES." Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kayw°od, Roth and Seymour None Bay The Mayor declared Ordinance No. 4267 duly passed and adopted. 130: ORDINANCE NO. 4268: Councilwoman Kaywood offered Ordinance No. 4268 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4268: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 4087 PERTAINING TO CABLE COMMUNICATION SERVICES IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay The Mayor declared Ordinance No. 4268 duly passed and adopted. 142/149: ORDINANCE NO. 4269: Councilman Roth offered Ordinance No. 4269 for first reading. ~ 81-1219 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. ORDINANCE NO. 4269: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190, SUBSECTIONS .240, .330, .560, .590, .1060 AND ADDING THERETO SUBSECTIONS .2040 AND .2050 RELATING TO NO PARKING AT ANY TIME. (portions of Katella Avenue, Clementine Street, West Street, Harbor Boulevard, Lewis Street, Convention Way and Haster Street) 147: ORANGE COUNTY SANITATION DISTRICT: Councilman Roth reported that the Sanitation District has voted to table its motion not to accept any further annexations to the District for 30 days, pending a decision on fees forthcoming by the County Board of Supervisors. RECESS - CLOSED SESSION: Councilwoman Kaywood moved to recess to Closed Session. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. (2:05 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present, with the exception of Councilman.Bay. (3:00 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 61-62-69, AMENDMENT OF CONDITIONS OF APPROVAL: A request by Richard J. Braman, General Partner, C. K. Limited Partnership, to consider amendments to Conditions of Approval under Reclassif- ication No. 61-62-69, proposed ML zoned property located at 3071 East Coronado Street, as it relates to 61-62-69(94), was submitted. A report from the Zoning Division recommending denial of subject request was submitted and made a part of the record. Mayor Seymour asked if the applicant or his agent were present and wished to address the Council. Mr. Richard J. Braman, 3071 East Coronado Street, Anaheim, 92806, repeated his request as stated in his letter dated July 22, 1981, i.e., that he be excused from the condition requiring street improvements and street lighting at this particular time of development of an expansion from 59,000 to 110,000 square feet. The condition was established by City Council Resolution No. 62R-335, (Condition No. 2). Mr. Braman stated that the improvements required under this condition would cost $50,000 and the expansion planned still does not necessitate their using Kraemer Street for access. Miss Santalahti explained the technique usually pursued to delay improvement ~ees, i.e., splitting o~ the property into separate parcels. Mayor Seymour indicated his willingness to allow completion of these improve- ments at a later date, without forcing reparcelization, if Mr. Braman would enter an agreement with the City setting forth when the improvements would take place and that this agreement be recorded in the County Recorder's office. Mr. Braman indicated willingness to enter into such an agreement. Mayor Seymour asked if anyone else wished to address the Council either in favor' or opposition, there being no response, he declared the public hearing closed. 81-1220 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. Councilman Seymour offered Resolution No. 81R-436 for adoption, deleting Condition No. 2 from Resolution No. 62R-335, in connection with Reclassifica- tion proceedings No. 61-62-69(94); subject to the condition that the owners of the subject property and the City of Anaheim shall enter into an agreement in a form approved by the City Attorney, specifically citing what improvements will be made to the subject property at this time and specifically citing that prior to issuance of any building permits for any other improvements made to the subject property (including, but not limited to, fencing and parking), the owner shall comply with all provisions of said Condition No. 2 of Resolution No. 62R-335, and that said agreement be recorded in the office of the Orange County Recorder. Refer to Resolution Book. RESOLUTION NO. 81R-436: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 62R-335 DELETING CONDITION NO. 2 THEREOF IN ZONING RECLASSIFICATION PROCEEDINGS NO. 61-62-69(94). Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay The Mayor declared Resolution No. 81R-436 duly passed and adopted. 107: PUBLIC HEARING - HOUSING MOVING PERMIT - 206 NORTH OLIVE STREET: A request by the Anaheim Redevelopment Agency, to move a single-family structure from its present location at 502 East Lincoln Avenue to 206 North Olive Street, was submitted. A report was submitted by the Planning Department recommending approval of subject request and made a part of the record. The Chief Building Inspector, as authorized representative of the Planning Director, has determined that subject House Moving Permit is categorically exempt from the requirements of the California Environmental Quality Act under Class 3. Mayor Seymour asked if anyone wished to address the Council either in Savor or in opposition; there being no response and there were no written objections received to subject House Moving Permit, he closed the public hearing. Councilman Roth offered Resolution No. 81R-437 for adoption, setting forth the following findings and approving a permit to move a single-family structure: (1) That the house, building or structure proposed to be moved is comparable in value, size, quality, design and appearance of houses, buildings or struc- tures in the area into which it is to be moved; and (2) that it will not be detrimental to, nor diminish the value of, property in the area; and (3) that less than a majority of the property owners in the area object to the moving of the house, building or structure onto the property where it is proposed to be mdved. Refer to Resolution Book. 81-1221 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. RESOLUTION NO. 81R-437: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A HOUSE MOVING PERMIT TO MOVE A SINGLE-FAMILY STRUCTURE FROM 502 EAST LINCOLN AVENUE TO 206 NORTH OLIVE STREET IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay 'The Mayor declared Resolution No. 81R-437 duly passed and adopted. RECESS: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council recessed to 7:00 p.m. Councilman Bay was absent. MOTION CARRIED · ( 3: 40 P.M. ) AFTER RECESS: Mayor Seymour called the meeting 'to order, all Council Members being present, with the exception of Council Members Kaywood and Bay. (7:00 P.M.) PRE SE NT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Roth and Seymour COUNCIL MEMBERS: Kaywood and Bay CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PLANNING DIRECTOR: Ron Thompson ASSISTANT DIRECTOR FOR ZONING: Annika Santalathi TRAFFIC ENGINEER: Paul Singer CITY ENGINEER: William G. Devitt 120: DISCUSSION RELATING TO CONDITIONS AT CHANTICLEER ROAD ENTRANCE TO LOARA HIGH SCHOOL: On motion by Councilman Overholt, seconded by Councilman Roth, the discussion scheduled for this time relating to a communication received from Mr. AA Halpern on conditions and activities in the 1800 block of Chanticleer Road, adjacent to a rear exit of Loara High School, was continued to the meeting of October 6, 1981, 7:00 p.m., at the request of Cynthia Grennan of the Anaheim Union High School District. Council Members Kaywood and Bay were absent. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 80-81-43 AND NEGATIVE DECLARATION: Application by Joseph C. and Dorothea M. Stephenson, for a change in zone from RS-10,000 to RM-2400, to construct a 7-unit apartment complex on property located at 921 North Citron Street, was submitted. The City Planning Commission, pursuant to Resolution No. PC81-168, declared that the subject project be exempt from the requirement to prepare an environ- mental impact report pursuant to the provisions of the California Environmen- tal Quality Act since there would be no significant individual or cumulative adverse environmental impact due to this project and further granted Reclassi- ficat~ion No. 80-81-43, subject to the following conditions: 81-1222 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Citron Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Citron Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; that street lighting facilities along Citron Street shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of General Manager; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements prior to occupancy. 3. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Coun'cil, for tree planting pur- poses along Citron Street. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 5. That fire hydrants shall be installed and charged as required and deter- mined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing. 6. That subject property shall be served by underground utilities. 7. That a 6-foot high masonry wall shall be constructed along the north and west property lines. 8. That drainage of subject property shall be disposed of in a manner satis- factory to the City Engineer. 9. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that garages shall be constructed instead of carports. 12. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2 and 3, above-mentioned, shall be completed. The provi- sions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 13. That Condition Nos. 4, 6, 7, 8 and 11, above-mentioned, shall be complied with prior to final building and zoning inspections. A review of the Planning CommiSsion's action was requested by Councilwoman Kaywobd at the meeting of September 1, 1981 and public hearing scheduled this date. 81-1223 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. The Zoning staff report was submitted and made a part of the record. The City Clerk reported that a petition containing approximately 109 signa- tures in opposition to the proposed reclassification was received and is on file in the office of the City Clerk. Mayor Seymour asked if the applicant or his agent was present and wished to address the Council. Mr. James Needham, 9492 Sander Circle, Villa Park, agent for the proponents, addressed the Council by advising that they intend to build a 7-unit apartment project at 921 North Citron Street and that the impact of the project should be a neighborhood improvement. Mayor Seymour opened the public hearing and subsequently turned Chairmanship of the meeting over to the Mayor Pro Tem because'of difficulty with his voice. The following people spoke in favor of the Reclassification: 1. Phyllis Boydston, 728 North Janss Street, real estate agent for the Stevensons; she submitted a petition containing approximately 128 signatures of individuals in favor of the rezoning of the apartment project. 2. Mrs. Trudi Pert, 940 North West Street, representing the First Church of Christ Scientist. 3. Mr. William Garetto, 956 North Winter Street. The basic reasons given in favor of the development were that this would be similar to existing apartment units located at Citron and Laverne Streets, pictures of which were submitted as exhibits; that the plans for development exceed the City's site development standards for square feet per unit recreational/leisure space, while lot coverage is less than the amount permit- ted; that this is a good compromise project for the area since the applicant might have proposed a higher density project and these units will provide quality apartment rental opportunities. The following people spoke in opposition to Reclassification No. 80-81-43: 1. Anna Olsen, 912 North Citron. 2. Ruth Mount Siegler, 929 North Citron. 3. Mr. Tom Hoag, 929 North Summer Street. 4. Nancy Brubaker, 943 Norgh Citron. 5. Darrell Ament, 923 Fall Place. 6. Ross Bielman, 905 West Grafton Place. 7. Robert Young, 625 West Laverne. 8. Rosemary Reeves, 903 North Pine. 9. David Garret, 802 West Graft0n. 10. Shirley Houston, 914 North Janss Street. 11. Hattie Sheilds, 911 Spring Street. 12. Jack Dick, 949 North Citron. The primary reasons given for opposition were: too high a density for the area; unsightly trash containers with apartments; that the rezoning of this one parcel prior to the finalization of a proposed General Plan Amendment constituted spot zoning and should be delayed until the study and public hearing on a General Plan Amendment were concluded; the question of adequacy of sewer and water mains to accommodate the project; that this spot zoning would accelerate the likelihood of rezoning for multiple residential of the remainder of the properties in the area; the increases in traffic; the fact 81-1224 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. that the area residents would prefer that these be developed as condominiums so that the residents would have an ownership stake in the property; the potential lack of upkeep in maintenance of the apartment units; overpopulation and congestion in the residential area; the fact that the agent for the pro- ponent oversold the possibility that if the area did not accept this partic- ular proposal a project of a much higher density might be approved. Two individuals addressed the Council with a question, indicating themselves to be neither in favor nor opposed: 1. Susan Lester, 901 Autumn Drive and 2. Mary Gribben, 950 North Winter. The questions which were raised related to procedures used by the City to notify area residents of public hearings and in particular, how wide an area would be notified of a General Plan Amendment. After hearing from all those in favor and opposition who wished to address the Council, the Mayor Pro Tem offered the applicant an opportunity for rebuttal. Mr. Joseph Stephenson, the applicant and potential developer of the property, addressed the Council and summarized the reasons he felt the project would be beneficial for the area; in addition he stressed that the development would provide some additional rental housing opportunities in Anaheim. Mayor Pro Tem Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council finds that subject pro- ject will have no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for low residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and is, therefore, exempt from the requirement to prepare an EIR. Council Members Kaywood and Bay were absent. MOTION CARRIED. Councilman Seymour offered Resolution No. 81R-438 for adoption, approving Reclassification No. 80-81-43, subject to the conditions recommended b~ the City Planning Commission. RESOLUTION NO. 81R-438: A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (80-81-43) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Roth and Seymour None Kaywood and Bay The Mayor declared Resolution No. 81R-438 duly passed and adopted. 81~1225 City Hall, Anaheim, California - COUNCIL MINUTES - September 15, 1981, 1:30 P.M. ADJOURNMENT: the motion. (9:38 P.M.) Councilman Roth moved to adjourn. Councilman Overholt seconded Council Members Kaywood and Bay were absent. MOTION CARRIED. LINDA D. ROBERTS, CITY CLERK