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1998/09/15ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, September 15, 1998 The City Council of the City of Anaheim met in regular session. PRESENT: MAYOR: Tom Daly PRESENT: COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING MANAGER: Greg Hastings PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on September 11, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) - Existing Litigation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange C ounty Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION 2. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: two potential cases. Existing facts and circumstances: (1) Disclosure obligations covering securities issued in 1993 and 1994; and (2) Public Records Act request for certain telephone records. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED. (3:00 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of September 15, 1998 to order at 5:15 P.M. and welcomed those in attendance. INVOCATION: Pastor Stan Managbanag, Anaheim Free Methodist Church FLAG SALUTE: Mayor Pro Tem Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 PROCLAMATION: 119: The following Proclamation was issued by Mayor Daly and authorized by the City Council: Constitution Week in Anaheim - September 17-23, 1998 The Proclamation was accepted by Sandra Madrid, Mojave Chapter DAR. DECLARATION OF RECOGNITION: 119: A Declaration of Recognition was unanimously adopted by the City Council recognizing the Anaheim Bullfrogs on winning the 1998 Roller Hockey World Championship. Mr. Jack Armstrong, Community Relations Director accompanied by Stuart Silver of the Anaheim Bullfrogs accepted the Declaration. Mr. Armstrong noted that this is the second year the Bullfrogs have won the championship back to back, the first championship having been won in 1993. He also noted the many other achievements the team has accomplished. Mayor Daly and Council Members commended and congratulated the Bullfrongs on their outstanding success having put Roller Hockey “on the map.” The Mayor also noted the positive impact the team has made on the Anaheim community and “they continue to demonstrate their commitment to the City through charitable and community activities.” He also congratulated the owners, coaches and players of the world championship team. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,418,344.55 for the period ending September 8, 1998 and $3,708,082.79 for the period ending September 12, 1998, in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. (5:30p.m.) Mayor Daly reconvened the City Council Meeting (5:35 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Mr. Jim Townsend, Anaheim resident. He broached the Y2K computer issue. He considers it to be a problem that is facing the nation and one that has to be addressed. His request is that the Council form a task force immediately comprised of certain members of the City selected by the Council to work with a volunteer force of about 15 people to establish a contingency plan and to do whatever must be done to take care of the citizens of Anaheim. He feels if they do not start planning now, there will be dire consequences. He speaks with knowledge since he has been working on the problem for the last two years. Mayor Daly. The Council has heard from the City Manager on this issue in the past. It will be helpful if the City Manager will address the matter agan and the steps presently being taken, perhaps a written report in the near future as to the status of the City’s efforts; City Manager Ruth stated he will be happy to do that. * * * * * * * * * * * * * * * * * * * * * Debbie O’Neill, 5949 Avenida Arbol, Anaheim - Concerned Citizens of the Canyon. Two weeks ago (see minutes of September 1, 1998), she was before the Council and asked the Eli Home to provide their financial records to the City Clerk for public inspection. To the best of her knowledge, that has not been 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 done. She asked for the Council’s help to advise her of the next step to take. She has four messages on her voice mail from citizens in Anaheim Hills who want the issue resolved. She is turning to the Council for help. Mayor Daly. He suggested that the City Clerk be instructed to work with interested citizens as to the best means of obtaining information on a subject like this; Council Member Zemel asked if he was suggesting that the City step in and become involved in obtaining information from some non-governmental entity. Council Member Tait. He questioned the City Attorney if the City Clerk can ask someone or some entity to produce their financial statements. City Attorney White. He does not know of any legal mechanism available to the City to compel a private organization to provide financial data to the City. Mayor Daly. He was suggesting the Council simply help private citizens to get in touch with a private, non-profit program -- if they want to get in touch with a charity, that the City simply explain how that is done. Financial records are essentilly a private matter; Council Member Tait. He suggested the easiest way is to go to the charity itself and request the information. City Attorney White. They do not require any charity in the City to provide financial data nor do they have a law that says they can do that. Mayor Daly. State government does regulate charities and perhaps the City Clerk can help refer interested citizens to the appropriate State agency. Council Member Zemel. He believes that has taken place and there might be a State report on file in the Attorney General’s Office since they were summoned to do an audit and that was completed. Perhaps there is a public report available through the State Attorney General’s Office. Gene Secrest, 121 S. Canyon Crest, Anaheim. He appeared before the Council two weeks ago (see minutes of September 1, 1998). Subsequently, he received a number of chastising phone calls saying that some of the things he said at the meeting were unfounded and that he misspoke. He is presenting a letter to the City Clerk and is requesting that the City conduct a formal investigation under charges of perjury against Robert Zemel. “Mr. Zemel as Councilman for the City of Anaheim has presented statements known by him to be untrue to gain influence over the Superior Court of Orange County, general public, citizens of Anaheim and residents of Canyon Crest.” Discussion, debate and questioning followed between Mr. Secrest and Council Member Zemel wherein Council Member Zemel asked Mr. Secrest to read the declarations contained in the letter in order for the public to know exactly what he (Secrest) was saying he lied about. Subsequently, City Attorney White stated that perjury is not within the jurisdiction of the City to either investigate or prosecute. Perjury is a felony investigated and prosecuted solely by the District Attorney’s Office, not by the City or his office. Mr. Secrest asked to enter the material into the record. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on item B5 (see discussion under that item). 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of September 15 , 1998. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A19: On motion by Mayor Daly, seconded by Council Member Zemel , the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution No. 98R-188 and Ordinance No. 5648 for adoption. Refer to Resolution/Ordinance Book. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Mike Ellis for bodily injury sustained purportedly due to actions of the City on or about February 14, 1998 . b. Claim submitted by Brett Binder for property damage sustained purportedly due to actions of the City on or about February 14, 1998 . c. Claim submitted by Raul Contreras for property damage sustained purportedly due to actions of the City on or about November 11, 1997 . d. Claim submitted by South Coast Cab Co., Inc. for property damage sustained purportedly due to actions of the City on or about July 21, 1998 . e. Claim submitted by Lucy and Larry Bartlett for bodily injuries sustained purportedly due to actions of the City on or about March 16, 1998 . f. Claim submitted by Cynthia Real and Gerry M. Sebring for bodily injuries sustained purportedly due to actions of the City on or about July 18, 1998 . g. Claim submitted by Daniel J. Perkins for property damage sustained purportedly due to actions of the City on or about February 16, 1998 . h. Claim submitted by Ken Metz for bodily injury sustained purportedly due to actions of the City on or about January 7, 1998 . i. Claim submitted by Sharon T. Leivas for property damage sustained purportedly due to actions of the City on or about June 22, 1998 . j. Claim submitted by Max L. Derseweh for property damage sustained purportedly due to actions of the City on or about May 25, 1998 . A2. 105: Receiving and filing minutes of the Anaheim Private Industry Council m eeting held June 25, 1998. 105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission meeting held July 15, 1998, and the special meeting held July 22, 1998. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 173: Receiving and filing correspondence filed by the Southern California Edison Company before the Federal Energy Regulatory Commission regarding the rate schedule designations assigned to Docket Nos. ER98-3235-000 and ER98-3311-000. 173: Receiving and filing correspondence filed by the Southern California Edison Company before the Federal Energy Regulatory Commission regarding the final agency actions regarding the rate schedule designations assigned to Docket No. ER98-462-002. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held May 1, 1998. 140: Receiving and filing the Anaheim Public Library Fiscal Year Statistical Report for 1997/98. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held August 5, 1998. 127: Receiving and fil ing correspondence from the Anaheim Chamber of Commerce Board of Directors regarding the resolution passed at their meeting of August 27th, supporting the City of Anaheim in its efforts to avoid the use of binding arbitration in the dispute between the City and the Anaheim Firefighters Association. City Clerk Sohl. She received a request from the Chamber to have their Statement of Position read into the record regarding this issue. She thereupon read the Statement (previously submitted and made a part of the record), excerpts from which are as follows: “The Anaheim Chamber of Commerce Board of Directors, at the August (1998) Meeting, discussed the merits of Measure A in the upcoming election. . . . The Chamber believes that the process, including mediation, which was undertaken by the City was appropriate and in the best interest of the citizens and businesses. We, therefore, oppose the use of binding arbitration as a means of arriving at a contract with the Firefighters Association or any other employee group in the City.” A3. 123: Approving a Freeway Maintenance Agreement between the State of California and the City of Anaheim, in connection with the Eastern Transportation Corridor State Route 241, and authorizing the Mayor and City Clerk to execute said Agreement. A4. 123: Approving Agreements with P & D Consultants, Inc., Raymond R. Abassi, dba AAE Consultants, and Katz, Okitsu and Associates for annual on-call traffic signal design services; giving the Director of Public Works or his design ee the right to renew the contracts annually up to five years, based on available budget and consultant performance; and if annually renewed, shall be effective for a period of five years from execution, each for a not-to-exceed amount of $75,000 per year. A5. 170: Approving the Final Map of Tract No. 15128, and the Subdivision Agreement with Kaufman and Broad Coastal, Inc., and authorizing the Mayor and City Clerk to execute said Agreement. Tract 15128 is located within The Summit of Anaheim Hills Specific Plan Area on Fallbrook Way and Springwood Drive, and is filed in conjunction with Specific Plan No. 88-2. A6. 160: Accepting the low bid of Shallbetter, c/o Matzinger-Keegan, Inc., in the amount of $74,032 for eight manual operated deadfront pad-mounted switches with holders, in accordance with Bid #5824. A7. 160: Accepting the low bid of West-Lite Supply Company, in an amount not-to-exceed $343,813 for an estimated 5,000 H.P.S. luminaires, and 50 polycarbonate shields for a period of one-y ear beginning in September 1998; and authorizing the Purchasing Agent to exercise up to three 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 additional one-year renewals, limited to Consumer Price Index increases, in accordance with Bid #5836. A8. 160: Waiving Council Policy No. 306, and authorizing the Purchasing Agent to issue a purchase order to Schweitzer Engineering Laboratories, c/o Matzinger-Keegan, in the amount of $79,125 for 29 microprocessor relays and one communication processor for Katella Substation. A9. 160: Waiving Council Po licy No. 306, and authorizing the Purchasing Agent to issue a purchase order to Southwest Power, Inc., in the amount of $582,590 for seventeen pad-mounted switchgear, including paint for enclosures for installation at Disneyland. A10. 123: Authorizing a Third Amendment to Agreement with Shield Security, Inc., in an amount not- to-exceed $303,769 including additional service requirements up to 160 hours per week, to provide security personnel to enforce parking ordinances in posted street sweeping and o ther areas, for a period of one year beginning October 1, 1998, and ending September 30, 1999, in accordance with Bid #5429. A11. 160: Authorizing the Purchasing Agent to issue purchase orders, in an amount not-to-exceed $1,315,020 for the purchase of approximately 464 transformers and six capacitor banks to be used by the Public Utilities Department. A12. 105: ORDINANCE NO. 5648 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.04.540 of the Anaheim Municipal Code relating to the amount of compensation payable to the Commissioners of the Anaheim Redevelopment and Housing Commission. (Introduced at the meeting of September 1, 1998, Item A21.) A13. 116: Approving the selection of additional JTPA training vendors for fiscal year 1998-99 in accordance with Exhibit 1, and authorizing the JTP Manager to execute the necessary subcontract agreements and amendments thereto. A14. 123: Approving a Cooperative Agreement between the City of Anaheim and the State Department of Ed ucation, in the amount of $90,868 for the period of July 1, 1998, through June 30, 1999; and authorizing the JTP Manager to execute any necessary subcontract Agreements and modifications thereto. A15. 123: Approving a Cooperative Agreement between the City of Anaheim and the State Department of Education (SDE), in the amount of $40,000 for the School-to-Career program for the period of July 1, 1998, through June 30, 1999; and authorizing the JTP Manager to execute any necessary subcontract agreements and modifications thereto. A16. 149: RESOLUTION NO. 98R-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing angle parking on the west side of Philadelphia Street between Center Street and the driveway location of the Downtown Community Center. A17. 123: Approving the Professional Services Agreement between the City of Anaheim and JES and Associates for consulting services as they relate to the Anaheim Resort Neighborhoods Improvement Program and the Anaheim Neighborhood C ouncil Areas Improvement Program for a period of one year, in an amount not to exceed $125,000; and authorizing the City Manager to execute said Agreement, and authorizing the City Manager, or his designee to administer the Agreement on behalf of the City. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 A18. 123: Approving an Agreement with Hall & Foreman, Inc., in an amount not to exceed $139,755 to provide engineering services for the North Street, La Verne Street and Janss Street Water Main Replacement Project; and authorizing the Public U tilities General Manager, on behalf of the City to execute said Agreement, and any other related documents necessary to complete the project. A19. 114: Approving minutes of the Anaheim City Council meetings held August 18, 1998. Roll Call Vote on Resolution No. 98R- 188 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 98R- 188 duly passed and adopted. Roll Call Vote on Ordinance No. 5648 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5648 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF AUGUST 27, 1998 DECISION DATE: SEPTEMBER 3, 1998 INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 18, 1998: ADMINISTRATIVE ADJUSTMENT NO. 144 CEQA EXEMPTION SECTION {15061(b)(3)}: B1. 179: OWNER: Voit Kraemer Partners, LLC, 610 Newport Center Drive, #1040, Newport Beach, CA 92660 AGENT: Jeffery N. Trenton, 11755 Wilshire Blvd., #2220, Los Angeles, CA 90025 LOCATION: 1600 North Kraemer Boulevard. Property is approximately 11.95 acres having a frontage of 400 feet on the east side of Kraemer Boulevard, a maximum depth of 1,280 feet, and located appr oximately 260 feet south of the centerline of Orangethorpe Avenue. Waiver of site area limitation to construct a new 122,600 square foot building in conjunction with an existing 154,225 square foot building with an overall floor area ratio of 0.55. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 144 APPROVED (ZA DECISION NO. 98-24). WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4053, AND B2. 179: NEGATIVE DECLARATION: OWNER: Robert K. Wong and Mary L. Wong, 1020 Nort h Batavia #13, Orange, CA 92867 AGENT: S & D Associates, 1020 North Batavia, #B, Orange, CA 92867 LOCATION: 2628 - 2634 West La Palma Avenue. Property is approximately 0.72 acre having a frontage of 130 feet on the south side of La Palma Avenue, a maximum depth of 242 feet and located approximately 280 feet west of the centerline of Magnolia Avenue. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 Waiver of minimum number of parking spaces to permit a 1,740 square foot expansion to an existing 1,560 square foot restaurant with retail sales of beer and wine for on-premises consumption. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 4053 APPROVED, with two added conditions (ZA DECISION NO. 98-25). Approved waiver of code requirement. Approved Negative Declaration. VARIANCE NO. 4348, CATEGORICALLY EXEMPT, CLASS 1: B3. 179: OWNER: Frank Campione, 1451 East Burton Street, Anaheim, CA 92805 AGENT: City of Anaheim - Housing, Attn: David Damato, 201 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1451 East Burton Street. Property is approximately 0.24 acres having a frontage of 80 feet on the north side of Burton Street, a maximum depth of 132 feet and located 310 feet west of the centerline of Acacia Street. To retain an existing 540 square-foot bonus room addition attached to an existing single-family residence with waiver of minimum rear yard setback. ACTION TAKEN BY THE ZONING ADMINISTRATOR: WITHDRAWN by the applicant. ORDINANCE FOR ADOPTION: B4. 179: ORDINANCE NO. 5649 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 97-98-14 (1) located at 2630 - 2650 East Katella Avenue (Orange County Katella Yard) PORTION A: from the County of Orange M1 (FP-2) (Light Manufacturing, Flood Plain Overlay) zone to the City of Anaheim RS-A-43,000 (FP) zone. (Introduced at the meeting of September 1, 1998, Item B11.) Mayor Daly offered Ordinance No. 5649 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5649: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 97-98-14 (1) LOCATED AT 2630 - 2650 EAST KATELLA AVENUE (ORANGE COUNTY KATELLA YARD) PORTION A : FROM THE COUNTY OF ORANGE M1 (FP-2) (LIGHT MANUFACTURING, FLOOD PLAIN OVERLAY) ZONE TO THE CITY OF ANAHEIM RS-A-43,000 (FP) ZONE. Roll Call Vote on Ordinance No. 5649 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5649 duly passed and adopted. Establishing Regulations for the keeping of Pot-Bellied Pigs: B5. 102: If the City Council so desires to permit pot-bellied pigs, considering the adoption of an ordinance amending Section 18.02.052 and adding new Subsection .130 to Section 18.12.060 of the Anaheim Municipal Code establishing regulations for the keeping of pot-bellied pigs. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 ORDINANCE NO. 5650 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sectio n 18.02.052 of Chapter 18.02 and adding new Subsection .130 to Section 18.12.060 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code relating to zoning (Pot-bellied Pigs). Kelley Sakata-Moon, 335 N. Twintree Ave., Azusa 91702. On behalf of Cher Huston, she asked the Council to postpone action on the proposed ordinance. Ms. Huston was notified and given all the pertinent paperwork related to the issue on Friday which only gave her 72 hours (excluding the weekend) or actually only 24 hours to prepare a response. City Attorney White then explained the practice and procedure regarding the introduction and adoption of ordinances noting that a proposed ordinance is introduced at a Council meeting and subsequently voted on at the next meeting. The only action of the Council tonight is to introduce the ordinance and, if they do so, it will be held over to the next meeting for final action (adoption). Kelley Sakata-Moon. She then continued and stated she represents Pigs Without Partners (Los Angeles based pet pig rescue operation). The Council received some documents already on the cons of the issue and she would like to counter that. The letters of recommendation against changing the City ordinance are all from animal rights activist’s groups. She needs to differentiate their position and the position of animal welfare groups which she then did in detail confirming they are an animal welfare organization and believe in doing what is best for the animal within the parameters of the law. (Also see material submitted - re: Pigs Without Partners - the pros about (pot-bellied) pigs, et al -- made a part of the record). She urged that they keep in mind that animal activists core philosophy is no animals should be pets, therefore, it is in their best interest to dissuade the Council from adopting the ordinance. Cher Huston, 3635 W. Stadco Drive, Anaheim. As the Council is aware, she is a pot-bellied pig owner (and the reason the issue was raised - - see minutes of July 14, 1998) and loves her pig. She is very disappointed that the Legal Department did not contact her since she volunteered her time to work on the ordinance. She believes the Council knows what the issue is all about. As she stated before, she does not believe everyone should have a pot-bellied pig only those with the knowledge, experience and proper facilities. All she is asking is for them to forget the animal activists and look at the situation in reality. Over 100 people in Anaheim have “contraband” pigs but she does not know of any other complaint other than the one against her. They need to do an ordinance properly, adjust what doesn’t work and look at the whole picture -- ask the people who know what they are doing and not activists. She urged that they look at the situation logically. Nancy Peponis, 944 Harding Ave., Venice 90291, representative for Little Orphan Hammies Pig Sanctuary. She is present to read a couple of portions of the letter from the Executive Director of the organization, Sue Parkinson, who believes that pot-bellied pigs can make good pets for the right people. (See letter dated September 14, 1998 from Ms. Parkinson giving the background of the organization and then outlining four statements as to why pot-bellied pigs can make excellent pets - made a part of the record). The letter concluded, “I hope that for these reasons, you will vote to change your city ordinance to zone in pot-bellied pigs as pets. The many Anaheim families who currently give wonderful homes to their pet pigs will thank you.” Mayor Daly. The Council has a staff report, a proposed ordinance has been prepared, and they have received letters from various organizations -- veteranarians, friends of animals organizations, animal rights organizations, etc. Council Member Zemel. He believes they all agreed to try to do something to help Ms. Huston out subsequent to the complaints received and Code Enforcement action. In the proposed ordinance, there are 14 or 15 rules that will have to be followed and he is wondering if Code Enforcement will be able to see that the regulations are adhered to with all the other problems they have to respond to. It may be easier to not have such an ordinance and go back to where pot-bellied pigs are not allowed. 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 Council Member Tait. He feels the proposed ordinance allows for individual freedom to have a pig but also insures it does not infringe upon the neighbors. They are going from an outlawed pig to a highly regulated pig. He will introduce the ordinance. Council Member Tait offered Ordinance No. 5650 for first reading. ORDINANCE NO. 5650: (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 18.02.052 OF CHAPTER 18.02 AND ADDING NEW SUBSECTION .130 TO SECTION 18.12.060 OF CHAPTER 18.12 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (POT-BELLIED PIGS). Mayor Daly. He asked staff to check with some of the other cities who have allowed pot-bellied pigs which is about 12 or slightly under one half of the 31 cities in Orange County. It will be helpful to know their experience and also information from the Orange County Animal Control. The City does have regulations on many other animals as well. Adoption of the ordinance will be considered at the Council meeting of September 22, 1998. PUBLIC HEARING - VARIANCE NO. 4340, CATEGORICALLY EXEMPT, CLASS 11: D1. 179: OWNER: Anaheim Hills Plaza, Inc., Attn: Bob Courtney, P.O. Box 16700, Encino, CA 91416 AGENT: LEADS, Inc., Attn: Eric Hull, 1820 East 1st Street, Suite 550, Santa Ana, CA 92705 LOCATION: 460 South Anaheim Hills Road - Anaheim Hills Plaza. Property is 11.4 acres located at the northeast corner of Nohl Ranch Road and Anaheim Hills Road. Waiver of (a) permitted commercial center identification and (b) maximum number of permitted wall signs to permit 3 monument signs for the existing retail center and 5 wall signs for a proposed retail store (Sav-on). ACTION TAKEN BY THE PLANNING COMMISSION: Granted Variance No. 4340 - approved Sign Plan “C” with the elimination of the Liquor Sign (PC98-110) (6 yes votes, 1 vacancy). Informational item at the City Council meeting of August 11, 1998, Item B2. Review of the Planning Commission’s decision requested by Council Member McCracken and Mayor Pro Tem Lou Lopez. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - September 3, 1998 Mailing to property owners within 300 feet - August 31, 1998 Posting of property - September 4, 1998 Council Member Tait. His firm does some work for Sav On. He is, therefore, declaring a conflict and will abstain from any discussion or decision on the matter. (Council Member Tait left the Council Chamber temporarily - 6:21 p.m.). Greg Hastings, Zoning Division Manager. He briefed the proposal as outlined in the staff report to the Planning Commission dated July 20, 1998. In concluding, he stated that staff agrees with the one monument sign but feels that only one wall sign on the building will be adequate. Applicant’s Statement: Bob Courtney, President, Anaheim Hills Plaza, Inc., Encino. (He submitted a handout). They purchased Anaheim Hills Plaza in early 1996. Filling the anchor space was critical to the livelihood of the whole center. He thereupon explained their efforts in doing so ultimately resulting in Savon being the anchor tenant which they feel is an ideal tenant but also having to consider their satellite tenants. The rendering sumitted is a concept of what they want to do with the center. They have agreed 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 with the Savon application and appreciate approval of that sign application but are asking for a modification to the application. The first page of the submittal is the approved application for Savon. The second page breaks down location 1, 2 and 3. The third page shows a revised plan for sign No. 2 at Nohl Ranch Road and Anaheim Hills Road. The original sign approved simply showed Savon. He feels he needs to give some assistantce to his other tenants in the center besides Savon. He is proposing a slight change in sign No. 2 at the intersection which he then explained in detail. In concluding, he stated he is still trying to stay within the boundaries of the scenic corridor and the decor of the area. Mayor Daly asked, on the exhibit submitted which depicts the elevations, what that was meant to show. Mr. Courtney answered it is meant to show the look they are going for but it has nothing to do with the signage request. Mayor Daly. He asked staff if the handout was relevant at all; Joel Fick, Planning Director answered, no. It would need to be the subject of a future variance discussion at the Planning Commission level. Roger Watson, President, Land Entitlement Development Services, Inc. They represent Savon Drugs all over the U.S. The plan presented is the approved sign plan. They have dropped the liquor sign. They would like to get pharmacy, one-hour photo and a food mart sign. That is the purpose of the secondary signs. At a minimum, they would like to have their plan approved. However, they are in support of the owner and person they are going to lease the property from. They do not have a problem with him adding tenants to the sign if it will enhance the center. Savon is looking forward to anchoring the center. Mayor Daly asked Mr. Courtney if he was contemplating a name change for the whole center; Mr. Courtney answered, Anaheim Hills Town Center. Mayor Daly asked to hear from any persons opposed to the request. Debbie O’Neill, 5959 Avenida Arbol, Anaheim. At this time, she does not think anything should be granted for the center until the center is rehabilitated. Her doctor’s office was there and one day during an exam, the roof was leaking on her. Until the owners of the property can prove they are going to take care of the roof conditions, parking lot ruts, exterior painting, etc., she does not feel any additional signs or monument signs should be permitted at this time. Linda Denmark, 5813 Avenida Portola, Anaheim. This is a planned community. It is great that Savon wants to anchor the center; however, signs do seem to be a big issue in Anaheim Hills. The community stands for something special. The code only allows for one wall sign and the Planning staff has also only approved and recommended one wall sign. This does not fit into the scenic decor of Anaheim Hills. She is requesting that they disallow the request for more than one wall sign. Judith Ann Gollette, 649 Roanne Street, Anaheim. She is usually before the Council regarding west Anaheim issues, but it is the whole City of Anaheim they have to deal with for the future. Anaheim has the lowest property value throughout the County. Anaheim Hills fought a battle years ago with Alpha Beta who wanted to have a red sign. The red sign was not allowed and it was changed to brown. She used to have her office in the subject plaza. Increasing signage is not going to bring in more business. She would like the Council to look at the deterioration in west Anaheim and not allow the same thing to happen in Anaheim Hills. She asked that they not allow the requested signage. Debbie O’Neill spoke again and noted that Council Member Zemel’s campaign headquarters is located in that center. Approximately 1,200 square feet has been donated to him. If there is a vote taken tonight, she is asking that Council Member Zemel abstain from voting since she feels this might be a conflict. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 Council Member Zemel stated he had checked with the City Attorney beforehand; City Attorney White. He and Council Member Zemel had a conversation based upon the information presented to him, the fact that he is being provided office space in the subject center. He (White) determined, based upon the Political Reform Act, Council Member Zemel does not have a conflict of interest because it is not reasonably forseeable that any decision on the signs will have a material financial effect upon him or any of the interests as listed in the Political Reform Act. He confirmed that Council Member Zemel can participate in the discussion and voting. Summation by Applicant: Bob Courtney. Just before he purchased the center, two of the three owners passed away and the center went into disrepair. Some of the problems expressed were true, but beyond his control. They have tried to maintain the center in an acceptable condition until the remodeling is finished. It has been held up until Savon is in place because they represent 43% of the center. He has been doing a lot to improve the center and the community since he is very community minded. Council Member McCracken. Mr. Courtney is asking for extensive signage and now there are additional proposals that have not been approved by the Planning Commission which includes even more signage. People know what Savon is and that they sell liquor, do photo processing, sell food stuffs, have a pharmacy, etc. She lived in the area for over 20 years and was there when Alpha Beta had to change their sign from red letters to brown and painted the coverings of all the roof air conditioners so they would blend in. She would like the center to survive and be a great center. It can be done with a little more advertising, lighting, etc. Signage is not going to bring in more people. She agrees that they probably need another monument sign on Canyon Rim. This is a neighborhood shopping center because people are not going to be coming off the freeway to come into the center. She is reluctant to adding additional signage. She reiterated the money they are spending on signs could instead be spent on advertising, landscaping and lights to make it a viable and modern-looking center. Bob Courtney. They are doing signs first because signage is critical. The signs they are asking for tonight will not increase the square footage of the signage but increases the intersection signage a little bit. Basically they are just looking to get a couple of more facings. Council Member McCracken. He is asking for four waivers of the ordinance -- four additional signs that the ordinance does not allow and is proposing to come back in a short time to expand those signs. Council Member Zemel. Variances and waivers are supposed to be used on properties that are topographically challenged or unusual. There are many reasons why this center is different. He then posed a line of questions to the Planning Director relative to the requested waivers and the deviance from code. At the conclusion of discussion/questions, Council Member Zemel stated he feels this is not a completely unreasonable request. It is a unique center and he feels they are within the 10% (signage compared to wall surface) allowed. Mayor Daly closed the Public Hearing; Mr. Watson asked to make an additional comment. Mr. Watson/Savon approached the podium and explained that the face of the building is bigger than a normal Savon. The building is approximately 22,000 square feet. They are going to provide a lot of services they normally do not provide. They are well below the 10% factor. The secondary signs are 18” to 2’ high and 20 - 30 sq. ft. a piece. The main sign is 96 square feet. It is very small compared to the front of the building. The sign presented is a sign which through negotiations with staff and the Planning Commission that was approved. What was brought to the Council tonight by the owner was the opportunity to take care of some of the other tenants. Mayor Daly asked for clarification from staff if the sign package that was approved by the Planning Commission a few weeks ago is the sign package as presented to the Council tonight; Joel Fick. The item they are hearing tonight has not been modified but the Council did receive additional information from the property owner tonight relative to future requests he may be making. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 Mayor Daly asked relative to the revision plan for No. 1 and revision plan for No. 2, was this what the Planning Commission had. Joel Fick. The Planning Commission did not have that and it would require going back to the Planning Commission; Mayor Daly noted that Mr. Courtney handed out something that he would like to see in the future. He asked if he (Courtney) was asking for approval of that proposal this evening. Bob Courtney. He thought that is what he was asking, but perhaps he should be going back to the staff to discuss the issue. Mayor Daly. What is awkward for him, the Planning Commission advises the Council on land use matters and signage issues. The Commission has seen one proposal and approved that proposal. Now, Mr. Courtney has submitted sign plans different from the plan approved by the Commission. He is not sure how that affects what they are asking or staff’s recommendation. Joel Fick. Because there are larger square footages than advertised and considered, he believes they would have to be readvertised and reconsidered by the Planning Commission. City Attorney White. The Council could not approve the plans submitted tonight at this time because they involve different and more extensive waivers in some cases. Joel Fick. The signs for revisions No. 1 and 2 are different monument signs or free-standing signs than the one monument sign requested for the variance. The third monument sign is the smaller of the two posted exhibits and that is what the Planning Commission considered and approved. Bob Courtney. He first clarified he would not be proposing any further changes to that sign. He asked if he could withdraw his request for the changes he submitted and asked the Council to approve the plan as stated prior to his changes. He will then go back to staff and discuss any other changes. Mr. Fick then clarified for the Mayor that staff needs to work with the applicant, but based upon the exhibits submitted, would likely require a variance and a Public Hearing before the Planning Commission and ultimately reviewed by the Council. Council Member Zemel. He surmised that tonight they need to look at the original decision of the Planning Commission to see if they agree with it or not; Bob Courtney. That is what they would like the Council to consider. Mayor Daly. He asked if all the waivers and changes approved by the Planning Commission were consistent with staff recommendations. Joel Fick. He first explained the issues staff considered in making their recommendation. Their recommendation was that the one wall sign would be adequate and relative to the additional signage, the public generally recognizes those services are available at Savon and felt those were not necessary. Staff recommended one wall sign in conformance with code. The applicant is requesting four signs and that is what was approved by the Planning Commission. (Applicant originally requested five wall signs; the Planning Commission approved four). Council Member McCracken asked if the Planning Commission had any idea that there is an ongoing proposal for wall signs for all the rest of the tenants; Mr. Fick answered that discussion did not take place at the Planning Commission meeting. Extensive discussion and questioning followed between Council Members and Mr. Fick for purposes of clarification. In concluding, Council Member Zemel stated he feels the signage as proposed by the applicant is a good business thing to do for the center. It was Mayor Daly’s feeling before they approve 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 too many waivers to the sign code for Anaheim Hills, they should have all the facts on the table. He is not comfortable approving the entire package requested this evening. He would either approve part of it or suggest a one or two-week continuance. Savon can go ahead and install their major sign above the front door. He thereupon suggested a one-week continuance of this item so that the owner can work with staff to try to get all questions answered. MOTION. Mayor Daly moved to continue the subject Public Hearing for one week. Council Member Lopez seconded the motion. Before a vote was taken, Council Member Zemel noted the Mayor indicated he was comfortable with part of the request but he is perhaps uncomfortable with the extra signs on the face. If so, he is wondering if tonight they can approve the monument signs in question. Mayor Daly. As long as Savon can proceed with their major sign, that is the main thing. Relative to the rest of the package, he feels they need to see it in its entirety before moving ahead. Staff and the Planning Commission deserve to know what changes are proposed and what the center will look like. A vote was taken on the foregoing motion. MOTION CARRIED. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 357 RECLASSIFICATION NO. D2. 134: 97-98-20 WAIVER OF COUNCIL POLICY NO. 542 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4042 TENTATIVE TRACT MAP NO. 15704, AND NEGATIVE DECLARATION REQUEST FOR CITY COUNCIL REVIEW OF 7a, 7c, 7d, 7e, 7f and, 7g: OWNER: Florence Plaza, L.L.C., 550 West “C” Street, 10th Floor, San Diego, CA 92101 AGENT: William Lyon Homes, Inc., Attn: Mitchell Bradford, 4490 Von Karman, Newport Beach, CA 92660 LOCATION: 1203-1245 South Knott Street. Property is 4.75 acres located south and west of the southwest corner of Knott Street an d Ball Avenue. General Plan Amendment No. 357 - to redesignate this property from the General Commercial land use designation to the Low-Medium Density Residential land use designation. Reclassification No. 97-98-20 - to reclassify this property from the CL (Commercial, Limited) Waiver of City Zone to the RM-3000 (Residential, Multiple-Family) Zone or a less intense zone. Council Policy No. 542 - sound attenuation in residential projects. Conditional Use Permit No. 4042 - to construct a 44-lot* (including 4-lettered lots) 40-unit*, 2- story, detached residential condominium development with waivers of (a) minimum structural setback abutting a major highway, (b) minimum distance between buildings, (c) minimum private Tentative Tract Map No. street standards and (d) permitted encroachment into setback areas. 15704: to establish a 44-lot* (including 4-lettered lots) subdivision for the development of a 40- unit*, 2-story, detached residential condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit “A” of GPA NO. 357 (PC98-114) (5 yes votes, 1 absent, and 1 vacancy). GRANTED Reclassification No. 97-98-20 (PC98-115) Approved waiver of Council Policy No. 542. Waiver of code requirement APPROVED, IN PART. CUP NO. 4042 GRANTED, IN PART (PC98-116). Tentative Tract Map No. 15704 Approved. Approved Negative Declaration. Approved request for City Council review of this project. Informational item at the City Council meeting of August 11, 1998, Item B6. Set for public hearing due to approval of General Plan Amendment No. 357. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - September 3, 1998 Mailing to property owners within 300 feet - August 31, 1998 Posting of property - September 4, 1998 Staff Report : Greg Hastings reported that the issue on this project is the landscaped buffer on Knott Avenue. The Code requires a minimum of 15 feet of landscaping adjacent to Knott, whereas the developer has proposed 6 ft. feet and then placed a 6 foot block wall with the remainder of landscaping hidden behind the wall. Staff recommends that the 15 ft of landscape be maintained adjacent to Knott Avenue. The Planning Commission felt is was more important to place this landscaping in the rear yard area of the units. To place the 15 ft. of landscaping outside of the wall and maintain the rear yards would require the elimination of several units. There has been a suggestion made that sidewalks could be reduced on one side of the street to make up for some of the landscape space. Key features of the project reported by Mr. Hastings were: 8.4 dwelling units per acre are proposed and this is the lowest density project seen by Council for this area to date; two small tot lots are provided; the applicant is requesting minimum distance between buildings because of placement of chimneys; applicant is requesting waiver of Council Policy regarding 100 ft. setback from railroad track as a noise study has been submitted and this track is seldom used; there is a homeowners association planned to maintain all of the landscaped areas visible to the public as well as the private streets. Mayor Daly stated then, as he understood the proposal there would be from the curbline of the public street (Knott), 5 ft. of parkway, a 5 ft wide sidewalk, 6 ft. of landscaping between the sidewalk and the block wall and then 11-15 ft. in rear yards. It was determined that this is correct. Applicant’s Statement: Mitchell Bradford, William Lyon Homes, Inc. 4490 Von Karman, Newport Beach 92660. Mr. Bradford noted that his firm began working on this property in January of this year; and that they reviewed several small lot residential programs in Anaheim. They believed this to be an opportunity to present a different program from homes recently proposed for this area, and similar to two projects which have been successful in Costa Mesa and Westminster. In considering projects which have been or will be built, it was evident to his firm that the larger residential housing units are less likely to be converted to rentals. Therefore this project is designed with 40 units averaging 3,700 sq ft and are traditional home designs. The street widths are designed to maximize on-street parking. The WAND organization, with whom they met, made it clear they did not want the neighborhood to become another rental project. These homes are projected to cost between $250,000 to $260,000 which is above other projects in the west side of Anaheim. The lot plan is for 50 feet wide lots with 70 feet in depth. These homes are important to the community and will help revitalize the area. He agrees that the aesthetics on the perimeter of the project are important. They had requested the Planning Department to check on the landscape depth requirement on Knott as compared to Lincoln and requested some flexibility to allow architecture 15 ft off the property line and it would average 20 ft., but they would keep the lots off of the property line. In those areas where the buffer is less than required they plan dense plantings on the other side of the wall, as they know the owners will want a visual break from the street. In that landscaped area the typical wall required is 3-1/2 feet and they are providing 6 ft because the kitchen nook encroaches 4 ft. Lastly, Mr. Bradford explained that they really believe in this project; that they have already funded $60,000 for asbestos removal in the building which was on the property and $25,000 for soil remediation. They have the support of WAND, adjacent neighborhoods and schools. Mayor Daly opened the hearing to the public. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 Esther Wallace, Chairman of WAND, advised that her group had met in August to discuss this property and proposal, and they are very much in favor of the project as presented. This particular property has been vacant and rundown for some time. Concerning the setback on Knott Avenue issue - WAND would like the 15 foot setback to be upheld, however they also want the project to proceed. She particularly likes the large entrance proposed which will allow 2 cars to enter at a time. Bob Wafer, Carobwood Court, Treasurer of the homeowners association. He agreed with Mrs. Wallace and also indicated that their project has the 15 ft setback required. He noted that there are 4 entrances proposed, three on Knott and one on Ball Road. The entrance closest to the corner of Ball and Knott, in his opinion will be difficult for vehicles traveling north and turning left. Otherwise he feels it is a good project and he would like to see it built. Jeff Farano, Farano & Kieviet, 2300 East Katella, Anaheim, representing M&G Automotive, and Mr. Galayian, explained their position concerning this project. They do not oppose the project, however the approval of the project takes away any usability of th smog station as it now exists due to the removal of access. This access was not recorded as an easement, but without it, it will not be possible for him to operate. Mr. Farano noted that the shopping center was built in 1967 and later divided, but that his client obtained a Conditional Use Permit in 1986 and the access which he had up until this point, which gives circulation on his property, is necessary for the operation of his business. His client is seriously concerned over this as it takes away his right to operate his business. A letter has been sent to William Lyon Homes outlining this problem. City Attorney Jack White responded to Mr. Farano that this proceeding is not a court of law, and that the Council has before it a land use issue. Regardless of the decision made by the Council this will not affect property rights such as the question of the easement, as that decision is not within the City Council’s jurisdiction. Judith Ann Gollette, member of WAND, voiced her opinion that a 6 ft wide greenbelt is not sufficient; and offered a suggestion of how to achieve a wider greenbelt by removing one unit and re-orienting the remainder. It is overall the kind of project she would like to see built in West Anaheim. There being no additional persons to speak either in favor or opposition, the Mayor offered the applicant an opportunity for rebuttal. Mr. Mitchell Bradford stated that with regard to the landscape issue, the trade-off is the larger homes and the lower density which will make the project livable. To create any more modifications at this point is tantamount to starting over. He commented that once the landscaping which they plan is in place, which will include turf, low shrubs, tree shrubs and creeping fig, he believes the City and the neighbors will be pleased. There will also be trees on 15 ft. centers. His firm does want the exterior to be of quality, but this should not be accomplished to the detriment of the interior. The location of the state smog center, is not a surprise to his firm. The westerly 15 feet of the smog center is now owned by William Lyon Homes. They do understand this issue and the Planning Commission condition was to dedicate that 15 feet to him. Mayor Daly closed the public hearing. Council Member Tait questioned the letter from OCTA concerning the mitigation of effects on the project from the Pacific Electric right of way. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 Mr. Bradford responded that they did prepare a noise study on the impacts from current rail use, and if there is light rail proposed along this route in the future there will need to be a study of that impact on this project. Mr. Hastings stated that the proposed tract map also has a recommended condition that the purchasers of these homes be put on notice that there could be some future additional use of the rail right of way. Under Council discussion of the project, Mayor Daly noted that while additional landscape width on Knott would be ideal to have, the trade off is for larger homes which will be better for property values in this neighborhood. Council Member Tait noted that there is 15 ft from the curb to the wall, although it is not all in landscaping and therefore he is comfortable with the proposal. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Daly , seconded by Council Member Zemel , 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. Mayor Daly offered Resolution No. 98R-189 through 98R-191 for adoption approving General Plan Amendment No. 357, approving Reclassification No. 97-98-20 and approving Conditional Use Permit No. 4042. Refer to Resolution Book. RESOLUTION NO. 189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 357. RESOLUTION NO. 190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DTERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO. 191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4042. Roll Call Vote on Resolution Nos. 98R- 189 through 98R- 191 , both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCr acken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 98R- 189 through 98R- 191 , both inclusive, duly passed and adopted. MOTION: Mayor Daly moved to waive Council Policy No. 542 seconded by Council Member Zemel. MOTION CARRIED. MOTION: Mayor Daly moved to approve Tenative Tract Map No. 15704 seconded by Council Member Lopez. MOTION CARRIED. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4049, AND NEGATIVE D3. DECLARATION: OWNER: Knollwood Partnership, Attn: Arnold Familian, 12150 Summit Place, Beverly Hills, CA 90210 AGENT: Paul Kott Realtors, Inc., Attn: Paul Kott, 1225 W. Lincoln Ave., Anaheim, CA 92805 LOCATION: 1163 and 1165 Knollwood Circle. Property is 1.69 acres located on the west side of Knollwood Circle, 450 feet north of the centerline of Woodland Drive. To permit towing and impound services including indoor and outdoor vehicle storage. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4049 GRANTED (PC98-121) (5 yes votes, 1 absent, and 1 vacancy). Approved Negative Declaration. Review of the Planning Commission’s decision requested by Council Members Zemel and Tait at the meeting of August 18, 1998, Item B12. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - September 3, 1998 Mailing to property owners within 300 feet - August 31, 1998 Posting of property - September 4, 1998 Council Member Zemel noted that the reason he had requested this matter be set for public hearing was that he had a question, which, at the time could not be answered. He did obtain the answer this afternoon. His concern was primarily the outdoor storage. Staff Report: Joel Fick, Planning Director, this proposal shows two buildings with a total of 115 vehicles to be stored inside. There is in addition, space for 8 vehicles outside, as this would accommodate oversize vehicles. The outdoor storage space will be entirely screened from view. Applicant’s Statement: Paul Kott, 1225 West Lincoln Avenue, Anaheim, representing Mr. Kim, et al. advised that due to the new site for the Home Depot, Mr. Kim was encouraged to move his towing and impound business to a new site. It was in fact, Council Member Zemel who championed that the Kim’s business be treated fairly and equitably in their relocation. The Kim’s searched for a site for two years and found this location which is industrially zoned and currently leased by an absentee owner. This CUP will create an owner-occupied business in which they will invest over $2 million. City staff has recommended approval subject to conditions, which Mr. Kim has agreed to. There was no one to speak in opposition at the Planning Commission hearing. This is not a new business, but the relocation of an existing business. The Mayor asked if anyone wished to speak either in favor or in opposition, there being no response, he offered the applicant an opportunity for rebuttal, and Mr. Kott declined. Mayor Daly closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Zemel , seconded by Mayor Daly , 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. Council Member Zemel offered Resolution No. 98R-192 for adoption, approving Conditional Use Permit. 4049. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, SEPTEMBER 15, 1998 RESOLUTION NO. 192 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4049. Roll Call Vote on Resolution No. 98R- 192 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Da ly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 98R- 192 duly passed and adopted. C1. At the meeting of August 11, 1998, Item C2, Mayor Daly requested a discussion on the Parks and Recreation Facilities Master Plan. (Continued from the meetings of August 18, 1998, Item C1, and September 1, 1998, Item C1.) C2. Discussion requested by Mayor Daly at the meeting of September 1, 1998, Item C3, regarding the subject on the Club House at the Anaheim Hills Golf Course. Mayor Daly moved that the City Council direct the City Manager to develop a plan of action for a West Anaheim Community Center and for the development of a new clubhouse at the Anaheim Hills Golf Course. Mayor Pro Tem Lopez seconded the motion. Mayor Daly moved that the City Council direct the City Manager to explore the potential community use of the property next door to the proposed new Police Station in the Anaheim Hills area. Mayor Pro Tem Lopez seconded the motion. Both motions were voted on at once: All ayes. Motions Carried. With regard to the Golf Course clubhouse, Council Member Tait commented that he would ask for a financing plan, as he would be concerned about building a clubhouse with a potential pricetag of $8 million, whereas there would be very little community use of it. ADJOURNMENT: By general Council consent, the City Council Meeting of September 15, 1998 was adjourned. (8:50 p.m.) LEONORA N. SOHL CITY CLERK 19