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1992/04/28Ci'ty Hallr A-ahe4_mr Cal'i~orn:i.a - COUNCIL MINUTES - APRIL 28r 1992 - 5~00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT ABSENT ** PRESENT COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter COUNCIL MEMBERS: Ehrle CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR= Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:25 p.m. on April 24, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b) (1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (3.' 05 p.m. ) AFTER RECESS:. The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:22 p.m.) INVOCATION.'. Captain Richard House, Salvation Army, gave the invocation. FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Ovid "Shorty" Rader, Meals-on-Wheels Executive Coordinator for his outstanding service to the Anaheim Meals on Wheels program. "Shorty" has contributed more than 211,930 volunteer hours valued at $109,650 in savings to the City of Anaheim. 278 C£ty ___all, A,~ahe'_~a_, Cal£forn£a - COUNCIL MINUTES - APRIL 28, 1992 - 5:00 P.M. Mayor Hunter and Council Members highly commended Mr. Rader for his service and dedication to the Meals-on-Wheels program and the Anaheim community. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Clean Air week, in Anaheim, May 2-9, 1992. Water Awareness month, in Anaheim, May, 1992. Hire a Veteran week, in Anaheim, May 3-9, 1992. Kathy Santoro accepted the Clean Air week in Anaheim proclamation; Darrell Ament accepted the Water Awareness month in Anaheim proclamation; and Peggy Crawford and Hector Gutierrez accepted the Hire a Veteran week in Anaheim proclamation. Mr. Gutierrez was also especially honored for his many years of service to the Anaheim Community since he will now be transferred from the City of Anaheim. Mrs. Crawford also noted that the City of Anaheim was nominated as Employer of the Year. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,596,535.85 for the period ending April 24, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5: 37 p.m. ) Mayor Hunter reconvened the City Council meeting. (5:40 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: A Mr. Franklin spoke on Item All and a Mr. Kirsch spoke on items A24 and A25 (see discussion under those items). ITEMS OF PUBLIC INTEREST: Mr. Rex Nickler, 1227 Diana Avenue, Anaheim (since 1966). There are a lot of telephone poles behind their tract. He has been informed by a telephone man that they plan to put a new cable in and also T.V. cables. His primary concern is that he does not want his or his neighbors back yards dug up to put in new cables. He is sure the City has worked on a joint pole agreement with anyone who wants to put something on existing lines. He does not want his planter dug up. He understands the cables are to be installed soon and thus time is of the essence to assure that residents back yards will not be disturbed. Mayor Hunter. He noted that representatives of the City's Utilities Department were present in the Chamber and asked that they get Mr. Nickler's number and assist him relative to his concern. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 92R-80 through 92R-88, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5299 for adoption. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following resolutions and ordinance were read by the City Manager. 279 C£2¥ Hall~ ~nahe_~_~ Cal£forn£a - COUNCIL NINUTES - APRIL 28~ 1992 - 5~00 P.N. (Resolution Nos. 92R-80 through 92R-88, both inclusive, for adoption and Ordinance No. 5299 for adoption. ) Council Member Pickler moved to waive the reading in full of the resolutions and ordinance. Council Member Simpson seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Gary Emmitt Hall for property damage sustained purportedly due to actions of the City on or about March 27, 1992. b. Claim submitted by David Ray Davison for property damage sustained purportedly due to actions of the City on or about February 25, 1992. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held April 8, 1992. 117= Receiving and filing the Summary of Investment Transactions for March, 1992, as submitted by the City Treasurer. A3. 175; Awarding the contract to the lowest responsive bidder, A & L Construction Company, Incorporated, in the amount of $786,821.65 for Construction of Underground Substructure for Underground District No. 1, and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second iow bidder, as well as waiving any irregularities in the bids of both the Iow and second iow bidders. A4. 175: Awarding the contract to the lowest responsive bidder, Ail American Water Supply of California, Inc., in the amount of $296,965 for Drilling and Development of Water Well No. 46, and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. AS. 169: RESOLUTION NO. 92R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EXPRESSING SUPPORT FOR SEISMIC RETROFIT OF THE TUSTIN AVENUE BRIDGE CROSSING THE SANTA ANA RIVER AND SUPPORTING THE GRANT APPLICATION FOR THE PROJECT. RESOLUTION NO. 92R--81= A I~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EXPRESSING SUPPORT FOR THE HARBOR BOULEVARD SUPERSTREET PROJECT AND SUPPORTING THE GRANT APPLICATION FOR THE PROJECT. A6. 170; Approving the Final Map of Tract No. 14575, and the Subdivision Agreement with Newl~ort Pacific Development Corporation, and authorizing the Mayor and the City Clerk to execute said agreement. Tract 14575 is located at 3253 West Ball Road and is filed in conjunction with General Plan Amendment No. 322, Reclassification No. 91-92-06 and Conditional Use Permit No. 3461. A7. 123: Approving a supplement agreement for State-Local Transportation Partnership Program funding on behalf of the City of Anaheim, (Program Supplement No. 010 to State-Local Transportation Partnership Program Agreement No. SLTPP-5055) for Traffic Signal Upgrade/Interconnect, various locations, 280 Anaheim, Cal£~orn£a - C:OUNCIL MINUTES - APRIL 28m 1992 - 5:00 P.M. Northeast Industrial Area, and authorizing the Director of Public Works to execute said agreement. A8. 158: Authorizing the relocation payment in the amount of $3,250 to Joel Severin for rental assistance required as a result of City acquisition of property located at 2014 East Orangewood Avenue - State College/Orangewood Critical Intersection (R/W 6000-7). Ag. 150: Rejecting all bids submitted for the Oak Canyon Nature Center Erosion Control Project. Al0. 158: Approving the Right-of-way/Right-of-entry Agreement for 350 North State College Boulevard, City of Orange - State College/Orangewood Critical Intersection (R/W 6000-15), and authorizing the Mayor and City Clerk to execute said agreement~ and authorizing the acquisition payment of $9,400 to Hilton Suites, Inc. All. 123: Recommendation to accept the low bid of, and approve an Agreement with Hyundai Steel Industries, Inc., in the amount of $373,605.12 for a three year period for the lease/maintenance of golf carts that will be utilized at Anaheim Hills and "Dad" Miller golf courses, in accordance with Bid $5016, and adopting certain findings relating thereto. (Continued from the meeting of 4/21/92, Item A15.) Mr. Ferdie Franklin, Attorney at Law, Wallsworth, Franklin and Bevins, i City Boulevard, West Orange. He is representing Club Car, Inc., the unsuccessful bidder. He feels Club Car is the only bidder who met all the specifications in the bid solicitation. It is an important contract because it will determine who provides services for the City Golf Courses for three years. He then reviewed the purpose of public bid laws since he felt it was important in this case. He subsequently stated that three specifications were not met by the Iow bidder - weight, turning radius, and the experience requirement, the third being the most important. In his opinion, there is a complete and total failure to meet the specification and no real alternative. Anaheim Hills Golf Course is one of the most rigorous in the Country and the golf carts require a great deal of maintenance. When there is a vendor with no experience in Southern California, the vendor is asking the City to take a risk with it. It is his understanding the only Hyundai Fleet currently being serviced in Southern California is an electric fleet and not a gas fleet and that is being serviced by a dealer. This is a factory setting up for the first time a servicing enterprise in Southern California. The purpose of the bid law is to get the lowest bid from a responsible bidder. What is being done tonight has significance beyond this contract because of the bid laws. The City stands to lose a large potential source of suppliers. He requests that the Council reject the bid from Hyundai and accept the bid which meets the specifications, that ~f Club ~ar, In~. Council Member Daly. He asked if staff believed the performance of the leased golf carts as well as the maintenance is not up to Anaheim's standards, what steps can be taken to remove the vendor. City Manager James Ruth. There is an escape clause. If the vendor does not perform, the City could change vendors. There is also a performance bond that protects the City. City Attorney White. The performance bond is equal to 100% of the contract amount - in this case $373,605.12. There is also a termination provision that would allow the City with or without cause to terminate the contract on 281 C:£t¥ Hallt 2~.ahe_~mt ~al££orn~a - COUNCIL MI~~ - APRIL 28t 1992 - 5:00 P.M. 60 days notice or to give notice of default and require that the performance be brought into conformance with the contract requirements upon three days notice. There is adequate protection built into the contract itself to assure that the contractor will conform to the requirement standards set forth in the contract. He suggested the Council might ask if there is a representative of Hyundai present who wishes to comment. Jim Lester, 7676 Hazard Center Drive, San Diego, representing Hyundai. Since service is the big issue, the Center they have in Santa Ana is their National Service Warranty and Parts Center where their service manager is headquartered. He trains their dealers throughout the Country. If there are any problems, they can handle it from that facility. Service should not be a concern. City Attorney White then asked if the cars to be provided under the contract will be serviced out of the Santa Ana Facility and how long they have been opened. Mr. Lester answered affirmatively that the cars will be serviced out of the Santa Ana facility and they were first in Brea and moved to Santa Ana where they have been for about a year. At the conclusion of the Consent Calendar, the Council waived the irregularities in the low bid submitted by Hyundai Steel Industries, Inc., doing business as Hyundai Golf Cars, U.S.A., and approve such contract with Hyundai based u~on the following findings and determinations: 1. Hyundai is the lowest bidder. Its bid of $373,605.12 is $125,901.76 lower than the bid of Club Car (even after deducting the 1% local sales tax revenue from the Club Car bid). 2. The three irregularities in the Hyundai bid are inconsequential for the following reasons: a. The bid specification concerning the maximum allowable curb-to-curb turning radius is not free from ambiguity since it does not state whether the turning radius is to be measured from the inside or outside wheel. Hyundai meets the specification if the measurement is taken from the inside wheel. City staff has tested the Hyundai cart and found that the turning radius of the cart is adequate for the purpose intended by the City. The cart bid by Hyundai is its standard manufactured golf cart~ to meet the specification would require Hyundai to s~ecially manufacture a different cart~ such a requirement would be excessively costly and would not provide ~ corresponding benefit to the City~ use of the Hyundai cart with its outside turning radius of 19'6" would not be a disadvantage to the City. b. The Hyundai golf cart weighs 640 pounds without a battery installed and 678 pounds with its battery. City staff has tested the Hyundai cart with battery installed and found that the 28 pounds of additional weight above the specification maximum does not render the cart unsuitable for its intended purpose and use by the City. The cart bid by Hyundai is its standard manufactured golf cart~ to meet the specifications would require Hyundai to specially 282 C£2¥ Hall~ Anahei~ C&l£forn£a - COUNCIL NINUTE$ - APRIL 28~ 1992 - 5~00 P.M. manufacture a different cart; such a requirement would be excessively costly and would not provide a corresponding benefit to the City; use of the Hyundai cart with its total weight of 678 pounds would not be a disadvantage to the City. c. The purpose of the specification requiring the contractor to have at least two years of service experience in Southern California is to ensure the City that it is not dealing with a company located outside of the local area with no proven record of service in Southern California. The benefit to the City in requiring prior local service experience is to ensure stability of the company's presence in the local market and the ability to resolve service and maintenance problems promptly and locally. Hyundai does not have two years of golf cart service experience in Southern California; however, Hyundai has located its National Center for Warranty, Service and Parts in Santa Ana which provides the City with the necessary assurance of the stability of the service operation in the local area. Requiring the contractor to have at least two years of service experience in Southern California would disqualify the current Iow bidder without providing any additional advantage to the City. There is no evidence that other potential bidders were disuaded from the bidding because of the two year experience requirement, or that a modification of this specification would likely attract additional bidders. A12. 160: Accepting the low bid of Reynolds Buick/GMC Trucks, in the amount of $36,200 for one each 14,000E GVW step van with interior shelves and bins, in accordance with Bid $5038. A13. 160: Authorizing the Purchasing Agent to issue a purchase order to SMA Equipment Company, in the amount of $67,449 (plus applicable tax) for one used motor grader. A14. 175: Approving a cooperative pilot program for a total cost of $93,000 for passive solar and energy conservation entitled "TreePower" between the Public Utilities and Parks, Recreation & Community Services Departments and "Releaf Anaheim" Al5. 153: RESOLUTION NO. 92R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM A/~ENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the classification of Tree Services Specialist, effective May 8, 1992. ) A16. 153: RESOLUTION NO. 92R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (To create the classification of Asset Forfeiture Investigator, effective April 24, 1992. ) Al7. 153: RESOLUTION NO. 92R-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS. (Change the salary of part-time Band Director, effective April 24, 1992. ) 283 Hail, ~nahe~m_~ California - COUNCIL MINIFTES - APRIL 28~ 1992 - 5~00 P.M. A18. 153: RESOLUTION NO. 92R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the classification of Stadium Security Coordinator, effective May 8, 1992. ) A19. 123: ORDINANCE NO. 5299 - {ADOPTION}= AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES ' RETIREMENT SYSTEM. A20. 123: Approving a Residential Rental Agreement with Robert Paul Le Van for an apartment at the Jeffrey-Lynne Neighborhood Center~ and Amending the FY 1991/92 RAP by increasing revenues and expenditures in the amount of $6,000 in Program 288, Jeffrey-Lynne Neighborhood Center. A21. 150: RESOLUTION NO. 92R-86.'. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION BOND ACT OF 1988 FOR THE ARBOR (ANAHEIM REFORESTATION BEAUTIFYING OUR ROADWAYS) PROGRAM. 152: Authorizing the City Manager to sign the application and act as the City's representative in all matters concerning the application. A22. 156: RESOLUTION NO. 92R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GANG/DRUG SUPPRESSION/PREVENTION SERVICES. 152: Authorizing the City Manager to sign the application and act as the City's representative in matters concerning the application. A23. 123~ Approving an Attorney Services Agreement with the law firm of Franscell, Strickland, Roberts & Lawrence. A24. 123: Approving an agreement with Mary E. Turner to render certain consulting services to the City on an as-needed basis following her retirement. A25. 153: Approving post-retirement payments equal to 75% of the city contribution rate toward the cost of post-retirement medical benefits as described in Section 33.03 of the City Personnel Rules, contingent upon the City Treasurer maintaining her employment in good standing with the City through at least August 29, 1992, and entering into a consulting arrangement for up to 400 hours during transition to a new City Treasurer. Jeff Kirsch, 2661 W. Palais, Anaheim. Speaking to the subject (Item A24 and A25) he finds the proposed actions particularly offensive as a tax payer. He does not feel the tax payers can afford one more increase. After several questions and elaborating on his concerns, he stated that Council and City Management should reconsider the item and if they have to continue time, to do it at the straight salary with no additional benefit packages. City Manager Ruth. With respect to the consulting services of the City Treasurer, based on the recruitment schedule that is in place, it is not anticipated separation time from the existing City Treasurer to the replacement person would be more than two to three weeks or four weeks at the most. In the event the City would need Mrs. Turner, her services would be 284 C£t¥ Hall~ Anahei~ California - COUNCIL ~I~S - APRIL 28~ 1992 - 5~00 P.M. utilized. It is unlikely that those hours would be used, but are there for protection. It is a critical issue for the City in terms of how the City invests its money. It is avoiding a gap between the time the City Treasurer leaves and the time a replacement is brought on board. A26. 153: RESOLUTION NO. 92R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47, AND THE CITY OF ANAHEIM. Roll Call Vote on Resolution Nos. 92R-80 throuqh 92R-88, both inclusive, £or adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: Ehrle The Mayor declared Resolution Nos. 92R-80 through 92R-88, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5299 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: Ehrle The Mayor declared Ordinance No. 5299 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF APRIL 6, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 28, 1992: B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3492, SITE PLAN REVIEW AND NEGATIVE DECLARATION: OWNER: Woodcrest Development Inc., 23046 Avenita Carlotta, Ste. 250, Laguna Hills, CA 92653. AGENT: MCG Architects, 18201 Von Karmen Ave., Ste 250, Irvine, CA 92715. LOCATION: Property is approximately 3.9 acres located at the northeast corner of Weir Canyon Road and Canyon Vista Drive To permit a commercial retail center consisting of a 1,825 square foot car wash with gasoline sales, 14,232 square feet of automobile repair uses and 11,665 square feet of retail shops with waiver of minimum setback adjacent to a Scenic Highway and permitted r00£ m0un~ed equipment. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3492 DENIED (PC92-40) (6 yes votes, I abstained). Waiver of code requirement DENIED. Denied Negative Declaration. NOTE: At the meeting of April 7, 1992, Item B15, the City Council took no action on the site plan portion of this project. B2. 179: CONDITIONAL USE PERMIT NO. 1564 AND NEGATIVE DECLARATION (PB~.V. APPROVED ): OWNER: JOHN HUISH, 33208 Paseo Cerveza "C", San Juan Capistrano, CA 92675. 285 C£t;¥ Hall t Anahoimt California - COUNCIL MINUTES - APRIL 28~ 1992 - 5:00 P.N. AGENT: Huish Family Fun Center, Inc., 33208 Paseo Cerveza "C", San Juan Capistrano, CA 92675. LOCATION: 1041 N. Shepard Street (Anaheim Recreational Center). Property is approximately 7.0 acres located on the southwest corner of Shepard Street and Carpenter Avenue. To ~ermit a 75-foot high bungee jumping tower and a kid's carnival in conjunction with a previously approved recreational facility. ACTION T.AKEN BY THE PLANNING COMMISSION: CUP NO. 1564 GRANTED, IN PART, bungee jumping withdrawn, (PC92-41) (7 yes votes). Approved (previously approved) Negative Declaration. B3. 179= WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3510 AND NEGATIVE DECLARATION: OWNER= Penske Truck Leasing, 620 E. Ball Rd., Anaheim, CA 92805 and~ Byron L. Crumb, Inc., 1826 Pomona Rd., Corona, CA 91720. AGENT= James Brennan, 191 S. Orange Street, Orange, CA 92666. LOCATION= 610 AND 620 East Ball Road. Property is approximately 4.17 acres located on the south side of Ball Road and approximately 960 feet west of the centerline of Lewis Street. To permit a truck repair and storage facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3510 GRANTED (PC92-42) (7 yes votes). Waiver of code requirement APPROVED. Approved Negative Declaration. Council Member Pickler posed questions to staff relative to the required versus proposed number of parking spaces which were answered by the Planning Director, Joel Fick. B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3512 AND NEGATIVE DECLARATION: OWNER= First Interstate Bank, C/O Mc Morgan and Company, One Bush Street, Suite 800, San Francisco, CA 92653. AGENT: Victor Eini, 2880 E. Miraloma Ave., Anaheim, CA 92906. LOCATION: 2971 East La Jolla Street. Property is approximately 0.27 acre located on the north side of La Jolla Street and approximately 225 feet east of the centerline of Red Gum Street. To permit an auto repair facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3512 GRANTED (PC92-43) (7 ye8 votes). Waiver of code requirement APPROVED. Approved Negative Declaration. BS. 179= WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3498 AND NEGATIVE DECLARATION= OWNER= Walter T. and Helen W. Courtney, 504 N. State College, Anaheim, CA 92806. AGENT: Salvador Mendoza, 2421E. Ball Road, ~B-55, Anaheim, CA 92806. LOCATION~ 500 S. Anaheim Boulevard. Property is approximately 1.1 acres located on the southeast corner of Santa Ana Street and Anaheim Boulevard. To retain an automobile repair service with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: 286 C£ty Hall, Anaheim, Cal£:Eorn£a - COUNCIL MI~$ - APRIL 28, 1992 - 5:00 P.M. CUP NO. 3498 GRANTED, for 1-year, to expire April 6, 1993 (PC92-44) (6 yes votes, I absent). Waiver of code requirement APPROVED. Approved Negative Declaration. B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3511, AND NEGATIVE DECLARATION: OWNERS: Reef USA Fund-II, Inc., 1630 South Sunkist, SA, Anaheim, CA 92806. AGENT: Vineyard Christian Fellowship, 12383 Lewis, $101, Garden Grove, CA 92640. LOCATION: 1531 South Sinclair Street. Property is approximately 0.89 acre located on the west side of Sinclair Street and approximately 410 feet south of the centerline of Cerritos Street. To permit a church within an existing 14,819 square-foot industrial building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3511 GRANTED, for 5-years (PC92-45) (6 yes votes, i absent). Waiver of code requirement APPROVED. Approved Negative Declaration. Council Member Pickler asked questions of staff relative to limiting classroom activity during the week. He has concerns putting a church in the C-R area especially the Arena area which will have weekend activities as well as the church. Annika Santalahti, Zoning Administrator. There are limits to the hours of operation. Technically, it is still an industrial area but with the limitations under the conditions imposed, there was no real concern. If they wish to change their operations, they would have to come back for a new CUP. Operations that stay within the limitations of the CUP are no problem. Council Member Daly stated that he feels with the restrictions that have been placed on the CUP and the five-year limitation gives adequate protection. B7. 179: CONDITIONAL USE PERMIT NO. 3417 AND NEGATIVE DECLARATION (PREV. APPROVED): OWNER: Assaf George Cassis and Nazareth Cassis, 413 Sharon Road, Arcadia, CA 91007. AGENT: Sim C. Hoffman, M.D., 585 South Knott Avenue, Anaheim, CA 92804. IX)CATION: 546-595 S. Knott Street. Property is approximately 0.68 acre located at the northwest corner of Knott Street and Orange Avenue. To amend or delete conditions of approval ~ertaining to the time limitation and permitted days of operation of a previously-approved mob£1e me~£cal un£~ within an exis~£ng me~£cal complex. ACTION TAKEN BY THE PLANNINC COMMISSION: CUP NO. 3417 DENIED (PC92-46) (6 yes votes, i absent). Approved Negative Declaration (5 yes votes, i no vote, and 1 absent). Letter of appeal submitted by the agent, Sim C. Hoffman, M.D. Set for public hearing May 12, 1992. The decision of the Planning Commission was appealed by Sim C. Hoffman, M.D., agent for the applicant and public hearing set for May 12, 1992. B8. 179: CONDITIONAL USE PERMIT NO. 3302 AND NEGATIVE DECLARATION (PREV. APPROVED ): 287 City Hall~ Anahe:i. el~ Cali~orn£a - COUNCIL MINIJTES - APRIL 28~ 1992 - 5:00 P.M. OWNERS: ACW Partnership, Attn: Louis A. Ornelas, 36 W. Live Oak Avenue, Arcadia, CA 91006. AGENT: Andy Kalanz, 4400 Mac Arthur Boulevard, #400, Newport Beach, CA 92660. LOCATION: 558 South Anaheim Boulevard. Property is approximately 0.48 acre located at the northeast corner of Water Street and Anaheim Boulevard. To permit the interior modification of a previously-approved 5-unit commercial retail center to allow an additional unit (6-units total). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3302 APPROVED (PC92-47) (6 yes votes, i absent). Approved Negative Declaration. ITEM B9 FROM THE PLANNING COMMISSION MEETING OF APRIL 20, 1992t INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 30t 1992: B9. 179: RECLASSIFICATION NO. 91-92-16~ VARIANCE NO. 4177, TENTATIVE TRACT MAP NO. 14632~ WAIVER OF COUNCIL POLICY NO. 542 AND MITIGATED NEGATIVE DECLARATION: OWNER: Anaheim Redevelopment Agency, 200 South Anaheim Boulevard, Anaheim, CA 92805. LOCATION: 113-215 S. Atchison Street and 615 E. Broadway. Property is approximately 1.6 acres located on the northwest corner of Broadway and Atchison Street. For a change in zone from ML to RS-5,000. Petitioner requests waiver of required site screening and required orientation of structures, to establish a 9-lot, RS-5,000 single-family residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14632 APPROVED. Approved Mitigated Negative Declaration. NOTEs Reclass No. 91-92-16, and Var. No. 4177 have a 22-day appeal period which expires May 12, 1992, and these items will appear on the agenda at that time. END OF THE PLANNING COMMISSION ITEMS. ITEM B10 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 16~ 1992 - DECISION DATE: APRIL 23~ 1992t INFORMATION ONLY - APPEAL PERIOD ENDS MAY 4~ 1992: B10. 179: AMUSEMENT ARCADE NO. 1014: REQUESTED BY: Mike Min-Hung Chung, 510 South Beach Boulevard, Anaheim, CA 92804. LOCATION: 510 South Beach Boulevard. To permit and retain up to ~0 ~musement arcade devlce~. ACTION TAKEN BY THE ZONING ADMINISTRATOR~ Approved by the Zoning Administrator (ZA92-21). Council Member Daly. He questioned whether or not there was a time limit placed on the permit this time. Previously, the Council imposed a one-year 1 imit. Annika Santalahti, Zoning Administrator. No time limit was placed on the permit at this time. No input was received and staff checked with Code Enforcement to verify that no complaints/concerns were registered. Since there were none, she did not feel it inappropriate to approve the permit without a time limit. 288 City Hall· Anaheim· California - COUNCIL MINUTES - APRIL 28· 1992 - 5:00 P.M. Council Member Pickler. It is still an area of concern to him. He would like to maintain at least another 1 to 1~ year time limit on the permit and have it come back to the Council before it becomes permanent. He has talked to some of the tenants and there have been no problems, but he would like to impose an additional time limit. City Attorney White. He confirmed it would be necessary for the Council to schedule a hearing if they wished to impose a time limit or change conditions. Council Member Pickler stated that he is going to set the item for a public hearing; Council Member Daly concurred. Therefore, a public hearing will be set at a later date. Bll. 179: ORDINANCE NO. 5301 FOR ADOPTION.'. Amending Title 18 to rezone property under Reclassification No. 91-92-10, located at 2260 W. Orange Avenue, from the RS-A-43,000 zone to the RS-5,000 zone. WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5301) Council Member Hunter moved to waive the reading in full of the ordinance. Council Member Simpson seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. Council Member Hunter offered Ordinance No. 5301 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5301: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 91-92-10, located at 2260 W. Orange Avenue, from the RS-A-43,000 zone to the RS-5,000 zone.) Roll Call Vote on Ordinance No. 5301 for adoptions AYES: NOES: ABSENT COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: Ehrle The Mayor declared Ordinance No. 5301 duly passed and adopted. B12. 179: ORDINANCE NO. 5302 FOR INTRODUCTION: Council Member Pickler offered Ordinance No. 5302 for first reading. ORDINANCE NO. 5302: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 91-92-09, located at 3326 West Orange Avenue, from the RS-A-43,000 zone to the RM-2400 zone. ) B13. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3389: The request was submitted by Gerard M. O'Riordan, Rank Leisure USA, Inc., 5401 Kirkman Road, Suite 200, Orlando, FL 32819-7937. The property is located at 1859 South Manchester Avenue - King Henry's Feast. Conditional Use Permit No. 3389 is to permit a 750-seat theme-type dinner theatre with on-premise sale and consumption of alcoholic beverages including various waivers, one pertaining to prohibiting signs - three roof-mounted statues consisting of a dragon, a knight and a gargoyle, and five cloth banners. The Conditional Use 289 City Hall t ~tna_be'_~_ t Cal£forn~a - COUNCIL MINUTES - APRIL 28~ 1992 - 5:00 P.M. Permit was approved by the Council on July 16, 1991, including the waiver for the prohibited signs. Annika Santalahti, Zoning Administrator. She confirmed for Council Member Pickler that the waiver relative to the prohibited signs was approved by the Council on a 3-2 vote. Council Member Pickler. He is going to vote no on the request, since he voted no on the original CUP because of the roof mounted statues. Council Member Simpson moved to approve the request for an extension of time to expire July 16, 1993 on Conditional Use Permit No. 3389. Before further action was taken, Council Member Daly stated he also had a problem with some of the waivers when the CUP was initially before the Council and opposed a request at the meeting of July 16, 1991. MOTION: Council Member Hunter offered a substitute motion to continue the matter for one week for a full Council action. Council Member Simpson seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. Cl. 108: ROGER MORRIS INN AT THE PARK - RAMADA MAINGATE HOTEL - AUDIT NO. 91110-... Requested by: Thomas G. Kieviet, Farano and Kieviet, 100 South Anaheim Boulevard, Suite 340, Anaheim, CA 92805. Roger Morris Inn at the Park - Ramada Maingate Hotel - Audit No. 91110. Submitted was report dated March 19, 1992, from the City Treasurer, Mary Turner recommending that the matter be referred to an outside hearing officer authorizing the City Attorney to contract for said services or set a public hearing before the City Council establishing a date and time for said hearing. Submitted was letter dated April 14, 1992, from Thomas Kieviet, Farano and Kieviet, Attorney for Roger Morris Inn at the Park indicating they would be willing to pay for the cost of an independent hearing officer through the judicial arbitration and mediation services. City Attorney White. His office has no objection to the matter being referred to a hearing officer per the request of the attorney for the appellant. MOTION: Council Member Pickler moved to rescind prior action setting transient occupancy tax appeal of Roger Morris Inn at the Park - Ramada Maingate Hotel - for hearing before the City Council. Council Member Hunter seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. MOTION: Council Member Pickler moved to refer transient occupancy tax appeal of Roger Morris Inn at the Park- Ramada Maingate Hotel - to a hearing officer pursuant to Section 1.12.110 of the Anaheim Municipal Code~ such hearing officer to be approved by the City Attorney, and the cost of such hearing to be paid by the appellant. Council Member Hunter seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. 290 Hall· Anaheia· Cali£orn£a - COUNCIL MINUTES - APRIL 28· 1992 - 5~00 P.N. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179= PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3201 AND NEGATIVE DECLARATION t REOUEST TO AMEND CONDITIONS OF APPROVAL: Requested by: A.P. Mowlavi, CEMA Market, 221 South Magnolia, No. H, Anaheim, CA 92804. LOCATION/REQUEST: The property is located at 221 South Magnolia Avenue, CEMA Market, and is a rectangularly-shaped parcel consisting of approximately one acre located on the northwest corner of Broadway and Magnolia Avenue. Petitioner requests amendment to paragraph (b) of Condition No. 2 of Resolution No. 89R-433 of Conditional Use Permit No. 3201, that beer and wine may be sold at subject convenience market for off-premises consumption only. Conditional Use Permit No. 3201 permits a 1,620 square foot convenience market specialty grocery store) in an existing commercial retail center. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 16, 1992 Mailing to property owners within 300 feet - April 14, 1992 Posting of property - April 17, 1992 PLANNING STAFF INPUT: See staff report dated April 20, 1992 from the Zoning Administrator, Annika Santalahti recommending denial of the subject request. APPLICANT' S STATEMENT ~ Golan Mowlavi, 1122 N. Lotus, Anaheim. He is asking the City Council to give them a chance to apply for a beer and wine license. They want to improve the quality of the market in the neighborhood. Being a s~ecialty market and servicing the Spanish people, it is hard for them to be in business. Referring to the April 20, 1992 staff report, there was a statement that their license was recommended to be denied because of the high crime rate in the area. He feels a lot of the crime reports involve people crossing the street to go to the 7-Eleven Market to purchase their beer and whatever else they needed. They are located in a highly populated area. There are about 1,000 apartments and it is expected that there would be a higher crime rate than usual. Most of their customers are Spanish and they want the market to have beer. They started a petition and in two da~s got 131 signatures in favor. He has a couple of letters from the managers of a few of the apartment buildings that also approve of their selling beer and wine for their convenience. If a person really wants to drink, it does not matter where they get it. He asked the Council to give them a chance. PUBLIC DISCUSSION- IN FAVOR z None PUBLIC DISCUSSION - IN OPPOSITION ~ Frank Aylesworth, 220 Aron Place, Anaheim, approximately 100 yards away from the subject market. He is speaking out in support of 291 C£t¥ Hallt Anahe~mt Cal£forn£a - COUNCIL MINUTES - APRIL 28~ 1992 - 5:00 P.N. all the negative things that were pointed out in the staff report. In addition, this is a day worker congregation area. The intimidation of people coming into the shopping center has already forced the closing of a donut shop in the area. Adding alcohol will make it worse and the urinating in public will get worse. Beer and wine is available across the street at 7-Eleven. In the last two years, the Thrifty Gas Station caddy-corner from the CEMA Market also requested beer and wine and was turned down in both cases for the same reasons - crime, urinating in public, intimidation of people, etc. If anything, the area has gotten worse. City Clerk Sohl reported that a letter was also received from a resident of 2726 W. Broadway in opposition. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member 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. Council Member Ehrle was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-89) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-89 for adoption, denying Conditional Use Permit No. 3201. Refer to Resolution Book. RESOLUTION NO. 92R-89: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3201 AS APPROVED BY RESOLUTION NO. 89R-433. Roll Call Vote on Resolution No. 92R-89 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: Ehrle The Mayor declared Resolution No. 92R-89 duly passed and adopted. D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3489~ RECLASSIFICATION NO. 91-92-12 AND NEGATIVE DECLARATION: OWNER: Mrs. Winda (Wen-Ning) Kuo, 1Hsiung Kuo and Shu-Chih Liao/Kuo Family Trust, 25683 Nellie Gall, Laguna Hills, CA 92653. AGENT: Yvonne Yao, Jararett and Suharnokok, 5514 Wilshire Blvd., $900 Los Angeles, CA 90036. LOCATION/REQUEST: The property is located at 1556 West Katella Avenue and is approximately 0.83 acre located on the south side of Katella Avenue and approximately 650 feet west of the centerline of Ninth Street. The request is for a change in zone from RS-A-43,000 to the C-L 292 C£'t¥ Hallt Anahe~at Cal£forn£a - COUNCIL MZNUTE$ - APRIL 28~ 1992 - 5:00 Zone. To permit a commercial retail center with waiver of maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3489 GRANTED (PC92-27) (7 yes votes). Reclassification No. 91-92-12 GRANTED (PC92-26). Waiver of Code Requirement APPROVED. Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Daly and Pickler at the meeting of March 24, 1992 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 12, 1992 Mailing to property owners within 300 feet - April 14, 1992 Posting of property- April 17, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated March 9, 1992. APPLICANT' S STATEMENT z Yvonne Yao, Project Manager, Jararett and Suharnokok, 5514 Wilshire Blvd., Los Angeles, 90036. She referred to the package she previously submitted to the Council (letter dated April 6, 1992 attached to which was a booklet which included plans of the project - made a part of the record). They are acting on behalf of Dr. Kuo, the property owner. They have successfully integrated both community concerns and municipal requirements within the General Plan of the City of Anaheim which allows for commercial status of the property. To the north and west are a series of commercial and retail developments. She then gave a brief description of the design proposal also referring to the plans posted on the Chamber wall. The property is currently in a dilapidated state which will be remedied by the development of the proposed project. A line of questions was then posed by Council Member Daly specifically - if the project is approved and the owners want to change the uses later on, will they be able to do 8o in the professional office category, could they install more offices where the cafe and b00k~t0re are ~0in~ to be or later allow retail in the first floor of the office building as well as follow on questions revolving around those issues. The discussion and questioning revealed the following as reported by both the Planning Director and City Attorney= Under the C-L Zone, they can have professional office or retail. If they choose to exercise the CUP, they will have to comply with all conditions in the permit that limit the square footage of the various uses. Once the property is rezoned, they are not obligated to exercise the CUP and could develop in accordance with all the permitted uses authorized in that zone. In the future, 293 C£~.y Hall r Anaheimr (:&].~£oFnia - COb'NClT. MI~S - APRIl, 28r 1992 - 5~00 P.M. they could choose to abandon the CUP and go back to the underlying zoning which would permit anything authorized in the C-L Zone. They would, however, need a CUP for a strip center, three or more commercial uses. From a legal stand point, the City Attorney does not encourage placing covenants or restrictions on the zone itself because it is a type of spot zoning subject to challenge. Yvonne Yao. Their initial and current intention is that the complex is mainly for professional office businesses and that the cafe, bookstore and florist would be the only retail proposed on the site. She does not see any changes in the future of additional retail being added particularly because of the parking requirements. They are at maximum on the parking stalls and calculated all the square footages to relate to that which is why the retail shops are as small as they are. Council Member Pickler. He does not have a problem with the professional offices, but with the retail. There is no retail to the east, west and south, but only the north side. Retail cannot be limited only to tenants and neighbors and there is nothing to stop cars from going into the center for the retail uses. Joel Fick, Planning Director. He suggested in consultation with the City Attorney, the advertisement for C-L does allow that zone or a lesser intense zone to be approved. With the applicant's concurrence, the Council could approve the C-O Zone on the property and since a CUP was advertised for the block wall and specifies the mixture of variety of uses not specified anywhere else in the zoning code, the CUP could be approved and expanded for this particular use. What the Council would be doing rather than approving the C-L Zone and a CUP for the block wall, they would be approving C-O Zoning that would restrict the primary use of the property to office and a companion Conditional Use Permit that would allow retail uses on the site in accordance with the plans before the Council. In affect, the only use that could go in if the CUP were to be abandoned would be commercial office and in order for the applicant to achieve the uses in the plans before the Council tonight, the CUP would have to be exercised subject to the imposed conditions. Council Member Simpson. If the intent is to develop the way Ms. Yao explained, then the suggestion would not cause a problem; Ms. Yao stated that it would not be a problem. City Attorney White, answering Council Member Simpson stated the Council could do ~ha~ ~onlgh~. What was applle~ for are the same permits they would still need - a CUP and the zoning since it is advertised for the C-L or a less intense zone. The Council could rezone it tonight to C-O and approve the CUP for the mixed uses that are being requested. Anything the Council did not approve tonight would have to come back. The Council can approve the limited retail being asked for tonight or eliminate it if they do not want to approve it. This way it would assure if they did not follow through with the development in accordance with the CUP, the only uses that could be on the property .without coming back to the Council would be commercial office. 294 Hall· Anahe~· Cal£forn£a - COUNCIL MINUTES - APRIL 28· 1992 - 5:00 P.ll. Additional discussion followed wherein Council Member Daly asked for more detail relative to the design of the project than was being presented which was provided by Ms. Yao. Mayor Hunter asked if anyone wished to speak either in favor or in opposition. PUBLIC DISCUSSION - IN FAVOR Scott Nash, 1820 Eileen Drive. His property borders the project on the west side. He is in favor of the project because the subject property has been abandoned for four years and is used by homeless people, kids, vandals, fires have been set, etc. The architectural firm has been gracious enough to meet their concerns. The raising of the wall to 9-feet is important mainly because his property level seems to be higher and the extra 3-feet will help them out for privacy and security. Relative to the retail, he does not mind the limited use retail at all. The architect also pointed out where the trash containers will be located and there will be no cooking on the premises. He has no problem with the proposed project and securing the property with a gate at night is another positive factor. PUBLIC DISCUSS !ON - IN OPPOSITION ~ None COUNCIL ACTIONs Mayor Hunter closed the public hearing. Council Member Hunter stated he was going to offer the resolutions incorporating the recommendations of the City Attorney and the Planning Director. City Attorney White. It would be a resolution to the C-O Zone and the CUP application is being modified not as to the uses being proposed, but as to the appropriate section numbers under which it is being granted. Joel Fick, Planning Director. The only other change would be in the CUP resolution changing it to the C-O zoning to make it compatible. Council Member Simpson stated he understands if there are any changes, it would have to come back to the Council. Further discussion and questions between Council members, staff and the applicant (Yao) established that signage would now be restricted to an 8-foot high monument sign and a freestanding sign would not be permitted at all, that the security gate would still be allowed and would extend only across the driveway to prevent vehicles from going to the back, that the owner wishes to have the entire complex secured in some way which they are looking into at present, that the required structural setback would prohibit constructing a wall at the sidewalk and the developer would have to maintain the front landscaping. Yvonne Yao. Ail the buildings will be secured to prevent a person from breaking and entering off hours. The property is to be secured across the driveway. They do not intend to build a wall along Katella. The walls of the 295 C£ty Hall m Anaheilm Cal££orn£a - COUNCIL NINUTES - APRIL 28~ 1992 - 5~00 building would come up to the setback line and then there would a lot of vegetation which is not shown on the plan. Joel Fick, Planning Director. There is a requirement for a 10-foot landscape setback adjacent to Katella. The applicant did submit a tree plan. The suggestion staff would have for clarity is that any areas not covered by driveways or access for the parking facilities be landscaped with a minimum 10-foot wide planter and with a tree plan as shown in their landscaping plan. He confirmed, staff will review the landscaping plan before building permits and they did submit a plan that called out the trees on the site and there is a condition that does require staff review of the landscape plan as well. Doris Schoen, 1826 S. Eileen. There is a block wall along Katella in the front of the property now and a wooden gate which she assumes will have to be demolished~ Mayor Hunter confirmed that that will be demolished. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member 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. Council Member Ehrle was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 92R-90 and 92R-91) Council Member Hunter moved to waive the reading in full of the resolutions. Council Member Daly seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-90 for adoption, approving Reclassification No. 91-92-12 to the C-O Zone~ and Resolution No. 92R-91 for adoption, granting Conditional Use Permit No. 3489. Refer to Resolution Book. RESOLUTION NO. 92R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (Reclassification No. 91-92-12). RESOLUTION NO. 92R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3489. Roll Call Vote on Resolution Nos. 92R-90 and 92R-91 for adoptions AYES: NOES: ABSENT COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: Ehrle The Mayor declared Resolution Nos. 92R-90 and 92R-91 duly passed and adopted. D3. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3496 AND NEGATIVE DECLARATION: OWNER: Everett H. Miller and Elma M. Miller, 270 Roycroft Avenue, Long Beach, CA 90803. AGENT: Hani E1 Hai, 944 S. Brookhurst Street, Anaheim, CA 92804. 296 Hallt Anaheilt Cal£fornia - COUNCIL MINUTES - APRIL 28~ 1992 - S~00 P.M. LOCATION/REQUEST: The property is located at 944 South Brookhurst Street and is approximately 0.35 acre located on the east side of Brookhurst Street approximately 200 feet north of the centerline of Ball Road. The request is to retain and expand a convenience market. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3496 GRANTED (PC92-31) (7 yes votes). Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Pickler and Daly at the meeting of March 24, 1992 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 16, 1992 Mailing to property owners within 300 feet - April 14, 1992 Posting of property- April 17, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated March 9, 1992. APPLI CANT STATEMENT Hani E1 Hai, 4138 Street, Huntington Beach. He is present to answer questions. Council Member Pickler. He believes he voted against the proposal originally. He feels convenience markets are something the City is being inundated with. He asked the reason for the expansion. Joel Fick, Planning Director. It is a 952 square foot addition to the existing convenience market that exists within that retail center. It is not for the convenience market per se, but it does address the expansion of the market. The total square footage on the site is 5,040 and the existing convenience market is 2,198 square feet. A 952 square foot addition would make the market a total of 3,150 square feet. Council Member Pickler. He understands the market can not have hot foods and asked for clarification that there is a restriction on that market relative to fast foods; Joel Fick. That is correct. The first condition specifies that, "No fast foods service facilities shall be permitted in the market unless a variance for parking is approved by the Council." Council Member Daly. He noted the staff report refers to a letter from the applicant proposing hours of operation from 8~00 a.m. to 8:00 p.m., but the conditions a~roved by the Plannin~ Commission allowed the o~eration until 11:00 p.m.; Joel Fick. He does not recall why that was done. Hani E1 Hal. The market is open now from 7=00 a.m. to 11=00 p.m. His intention is to have it open at 8:00 a.m. to 8:00 p.m. The Planning Commission questioned why reduce the hours, but it is still his intention to open 8~00 a.m. to 8~00 p.m. He confirmed there is beer and wine at the location at the present time. He is in the process of remodeling and had been open one year with hours from 7:00 a.m. or 8:00 a.m. to 11:00 p.m. Although he is expanding, he is proposing to be open less hours. Joel Fick. He confirmed for the Mayor that there had been no problems at the location. 297 Hall., Anaheiel~ Cal£fornia - COUNCIL MINUTES - APRIL 28~ 1992 - 5:00 P.M. Council Member Pickler asked if he would stipulate hours from 8:00 a.m. to 8:00 p.m.; Hani E1 Hai. He has no problem with that but if he wants to stay open until 9:00 p.m. he asked if he would have to come back to the Council to make that change. Council Member Pickler suggested that the hours be from 8:00 a.m. to 9:00 p.m.; Mr. Hal agreed. Council Member Pickler. He has a problem with that corner because it is a busy location. If the hours are from 7:00 a.m. to 9:00 p.m. he would have no problem with that. City Attorney White clarified that the hours would then be from 7=00 a.m. to 9:00 p.m. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak either in favor or in opposition; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Hunter, 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. Council Member Ehrle was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-92) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. Council Member Pickler offered Resolution No. 92R-92 for adoption, granting Conditional Use Permit No. 3496 subject to City Planning Commission conditions and with hours of operation from 7:00 a.m. to 9:00 p.m. Refer to Resolution Book. RESOLUTION NO. 92R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3496. Roll Call Vote on Resolution No. 92R-92 for adoption= AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: Ehrle The Mayor declared Resolution No. 92R-92 duly passed and adopted. ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Pickler seconded the motion. Council Member Ehrle was absent. MOTION CARRIED. (7:05 p.m.) LEONORA N. SOHL, CITY CLERK 298