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1991/05/21City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack.White CITY CLERK: Leonora N. Sohl GENERAL MANAGER: Edward Aghjayan HOUSING DEVELOPMENT MANAGER: Eric Nicoll ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:05 p.m. on May 17, 1991 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. (3:00 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. (5:30 p.m.) INVOCATION: Pastor Kenneth Kettenring, Calvary Baptist Church, gave the invocation. 302 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. FLAG SALUTE: Council Member William Ehrle led the Assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATIONS TO WINNERS OF THE WATER CONSERVATION POSTER CONTEST: The following youngsters were winners of the Water Conservation Poster Contest: 2nd grade - Betsy Ross Elementary School, first place - Crystal Call. Second place - Betsy Ross Elementary School - Derek Paull. 3rd grade - Walt Disney Elementary School, first place - Andre Haq. Second place - Patrick Henry Elementary School - Mora Him. 4th grade - Gauer Elementary School, first place - Rebecca Jones. Second place - Betsy Ross Elementary School - Brian Perkins. Each student was presented with a trophy, T-shirt and a savings bond. Mayor Hunter and Council Members congratulated the children on their fine work. 119: PRESENTATION - ANTI-GRAFFITI REWARD: Mayor Hunter presented Anthony Ramos with a check for $500 for his efforts in apprehending a person in the act of defacing private property with graffiti. Mayor Hunter elaborated on the extraordinary efforts of Mr. Ramos during the incident. The offender was ultimately convicted. Council Members commended Mr. Ramos for his courage and example. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Circus Vargas Days in Anaheim, May 21-23, 1991 Anaheim Senior Citizens Day, Saturday, May 25, 1991 Heritage Day at Oak Canyon Nature Center, June 2, 1991 George MacLaren, President of the Anaheim Senior Citizens Club accepted the Anaheim Senior Citizens Day proclamation. 119: DECLARATIONS OF CONGRATULATIONS: Declarations of Congratulations were unanimously adopted by the City Council and presented to Tony Okada, Savanna High School on being recognized as the 1991 State of California High School Wrestler of the year as well as to the wrestling team of Savanna High School and its coach Mr. Kaspari on becoming the 1991 CIF State Wrestling Champions. Glenda Gollbay, Tony Okada, Coach Kaspari and three members of the wrestling team were present. Mayor Hunter and Council Members congratulated and commended Mr. Okada, the coach and Savanna High School for their outstanding achievement and for receiving such prestigious recognition. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Harry F. "Buzz" Clarke for his outstanding commitment to the City of Anaheim and its youth as well as in pursuing his own endeavors regardless of age, Mr. Clarke, 80 years old, will be awarded an Associate of Science Degree in Business Administration from Irvine Valley College on May 23, 1991. 303 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,470,278.14 for the week ending May 17, 1991, in accordance with the 1990-91 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:53 p.m.) Mayor Hunter reconvened the City Council meeting. (5:55 p.m.) Council Member Daly temporarily left the Council Chamber. (5:56 p.m.) WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 91R-145 through 91R-148, both inclusive, for adoption; Ordinance Nos. 5225 and 5226 for introduction.) Council Member Hunter moved to waive the reading in full of the resolutions and ordinances. Council Member. Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Hunter, 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 Hunter offered Resolution Nos. 91R-145 through 91R-148, both inclusive, for adoption. Council Member Hunter offered Ordinance Nos. 5225 and 5226 for introduction. Refer to Resolution/Ordinance Book. 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 Anthony Saucedo for property damage sustained purportedly due to actions of the City on or about March 10, 1991. b. Claim submitted by Wai Wan Ku for property damage sustained purportedly due to actions of the City on or about January 23, 1991. c. Claim submitted by Lillian Sevivas for property damage sustained purportedly due to actions of the City on or about March 21, 1991. d. Claim submitted by Virginia Briggs for bodily injury sustained purportedly due to actions of the City on or about March 20, 1991. e. Claim submitted by Rosemary Elizabeth Stewart for bodily injury sustained purportedly due to actions of the City on or about December 6, 1990. f. Cl%im submitted by Kishi Gonzales for bodily injury sustained purportedly due to actions of the City on or about October 26, 1990. g. Claim submitted by Hamid Kharrat for property damage sustained purportedly due to actions of the City on or about March 5, 1991. 304 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. h. Claim submitted by J.D. Olson Construction for indemnity sustained purportedly due to actions of the City on or about March 22, 1991. i. Claim submitted by Eun Young Warner for bodily injury sustained purportedly due to actions of the City on or about February 5, 1991. j. Claim submitted by Richard Foringer for bodily injury sustained purportedly due to actions of the City on or about September 23, 1990. A2. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of April, 1991. A3. 170: Approving Parcel Map 90-179. Parcel Map 90-179 is located south of Sanderson Avenue, east of the Orange Freeway (57), north of the railroad line and west of the Santa Ana River. A4. 170: Approving the Subdivision Agreement of Parcel Map No. 90-307 with Burke Allec Street Partners. Said Parcel Map is located on the west side of Allec Street, north of Cerritos Avenue. A5. 123: Approving an Agreement with the County of Orange for design and construction of improvements to Ball Road - Sunkist Street to Santa Ana River, and authorizing the Mayor and City Clerk to execute said agreement. A6. 172: ORDINANCE NO. 5225 - (INTRODUCTION): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING CHAPTER 14.62 TO TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MOBILE SOURCE AIR POLLUTION REDUCTION. A7. 123: Approving a Cost and Maintenance Agreement with Atchison, Topeka and Santa Fe Railway Company and the City of Placentia, in the amount of $28,000 (Anaheim's share) for the sharing of costs in connection with the Kraemer Boulevard at-Grade Crossing No. 2B-42.5 at Crowther Avenue, and authorizing the Mayor and City Clerk to execute said agreement. AS. 160: Accepting the low bid of Nobest, Incorporated, in an amount not to exceed $100,000, for residential sidewalk and driveway approach replacement, in accordance with bid #4944. A9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising to Disney Image Maker, in an amount not to exceed $199,635 for custom designed uniforms for the Convention Center Crowd Control Duty Manager, Box Office and Program Seller. Al0. 160: Accepting the bids of Forbes Computer Group, in an amount not to exceed $100,000; Automated Office Products, in an amount not to exceed $100,000; and Micro Age Computermart, in an amount not to exceed $100,000 for Citywide microcomputer maintenance for a period of one year commencing June 1, 1991, in accordance with Bid $4904. 305 City Mall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. All. 153: RESOLUTION NO. 91R-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-79 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. (To create the position of Building Inspection Services Supervisor, effective May 24, 1991.) RESOLUTION NO. 91R-146: 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 position of Building Projects Inspector, effective May 24, 1991.) A12. 153: RESOLUTION NO. - ..... : Amending Resolution No. 91R-49 which established rates of compensation for certain classes assigned to the General Unit represented by the Anaheim Municipal Employees Association. RESOLUTION NO. - ..... : Amending Resolution No. 91R-80 which established rates of compensation for classifications designated as Professional. RESOLUTION NO. : Amending Resolution No. 91R-79 which established rates of compensation for classifications designated as Supervisory. RESOLUTION NO. - ..... : Amending Resolution No. 91R-81 which established rates of compensation for classifications designated as Middle Management. This item was withdrawn by staff to be rescheduled at a later date. Al3. 153: RESOLUTION NO. : Amending Resolution No. 91R-125, nunc pro tunc. (Changes the step range for the position of Assistant Scoreboard Director, effective May 10, 1991.) This item was withdrawn by staff to be rescheduled at a later date. Al4. 102: ORDINANCE NO. 5226 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 8.08 OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO ANIMAL CONTROL, WELFARE, AND LICENSE REQUIREMENTS. Al5. 158: RESOLUTION NO. 91R-147: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Al6. 123: Approving an Agreement with Hastings Lundstrom Architects, Inc., in the amount of $166,750 for architectural services in connection with the Gate 6 Office/Warehouse facility at Anaheim Stadium. 106: Amending the Stadium's Resource Allocation Plan by appropriating $166,750 in revenues and $166,750 in expenditures for the Gate 6 Office/Warehouse facility. Al7. 123: Approving an agreement with CH2M Hill, in an amount not to exceed $47,800 for hazardous waste reduction consulting services. 306 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. A18. 175: RESOLUTION NO. - ..... : Approving Public Utilities Board recommendations concerning the drought surcharge. This item was removed for separate discussion at the conclusion of which alternative action was taken. A19. 101: Awarding a contract to HuntCor, Inc., Pheonix, Arizona for the construction of the Anaheim Arena and on-site improvements. (Council Member Pickler voted no.) (Later in the meeting an additional action was taken waiving any irregularity in the low bid of HuntCor, Inc.) A20. 123: Approving an Agreement with Turner Construction for project representative services - Anaheim Arena. (Council Member Pickler voted no.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution Nos. 91R-145 through 91R-147, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. Later in the meeting, Council Member Daly stated that although he was not at the dais when the vote was taken on the Consent Calendar, he heard the proceedings in the conference room and wished to cast his yes vote on all Consent Calendar Items. 101: AWARD OF CONTRACT - ANAHEIM ARENA: City Attorney White stated that it would be appropriate to adopt a motion waiving any irregularity in the low bid of HuntCor, Inc. relative to the award of contract for the Anaheim Arena. Council Member Pickler moved to waive any irregularity in the low bid of HuntCor, Inc. for construction of the Anaheim Arena. Council Member Hunter seconded the motion. Council Member Daly was temporarily absent. MOTION CARRIED. Council Member Daly entered the Council Chamber. (6:06 p.m.) Al8. 175: DROUGHT SURCHARGE - WATER RATE REPLACEMENT SCHEDULE: Approving the Public Utilities Board recommendations concerning the drought surcharge. Submitted was report dated May 20, 1991 from the Public Utilities Board recommending that the Council rescind Resolution No. 91R-90 adopting a drought rate surcharge and instead adopt a water rate replacement schedule (Attachment A to the report) effective May 31, 1991. City Manager Ruth announced that there were several requests from people present in the Chamber audience to speak to this item. 307 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. Mayor Hunter. Before people speak on the issue, he is going to offer a motion as follows: That there be further consideration of the drought surcharge by the Public Utilities Board and after further work and study, that the matter again be submitted to the Council at a future meeting. Council Member Ehrle seconded the motion. MOTION CARRIED. The following people then spoke to the issue: David Bothe. He owns apartments on Sunburst, Terrace and Lincoln. The current system is very discriminatory because it places all the burden for paying the surcharge on apartment owners and those people who have multiple-family units working off of one meter. The surcharge is designed so that the bottom 40% of Anaheim residents pay no surcharge, and the top 60% pay 100%. It is now being sent back for further study and while it is being studied, they are going to be paying the surcharge. On his Terrace apartments he has a 1" meter and on Sunburst he has four 5" meters. His allocation on Sunburst is four times his allocation on Terrace. It does not make sense. Don Crane. At the meetings of the Public Utilities Board, they proposed to take away the surcharge as it is currently and use a more equitable distribution of increase in water rates by spreading it across all users with an 8% increase. The proposal was to go into effect immediately and until September 1991 at which time they would come back with a proposal for a more equitable way to impose the surcharge. The hope was that there would be some temporary relief from the current inequitable system until someone could come back with a more reasonable plan. It was the belief of everyone at the meeting that was going to take place tonight - that the City Council would endorse an 8% increase across the board in water rates for the City and subsequently the committee would come up with a new proposal for charging high volume users increased rates. There is no fair way to do it based on meter size because of the number of families and dwelling units hooked to one meter. They are seeking temporary relief tonight. A large number of users will be suffering a 50% to 100% increase while the issue is being resolved. He is asking for a fairer system in the interim while an optimum solution is being sought. At present it is punitive. Mr. Crane then answered questions posed by Council Members. He has properties at 1240 Sunburst, 2539 Park Lane and he represents twenty-three other small apartment house owners who all have one meter for a four-family unit. Water bills are doubling and if the owners pass those costs through to people who already cannot afford the rate, that creates even a worse problem. He personally owns only 8-units but he represents owners of 96-to 120-units. They are willing to pay more, but their fair share. Council Member Ehrle. He does not like the 8% increase that is being proposed. His direction to the Public Utilities Board is to come back with something that is better than what has been proposed. In the short term, they will be paying more but he is looking at the long-term picture. Mayor Hunter. He expects they will have an answer shortly from the Board. He understands the surcharge is 25%. As an additional action, he proposes that the surcharge rate be decreased to 15% during this interim period. If there are inequities, he questions why they should approve an 8% increase in water 308 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. rates and spread it out over the rest of the City. Instead, the issue needs to be looked at once again so that it can be made more equitable for all citizens. Rocky Schmidt. She has lived in Anaheim for 24 years and is concerned about the proposed increase. When she called the Utilities Department, she was told that the increase was going into effect June 1, 1991. Something has to be done. She is concerned that everybody will be penalized when many citizens have done their best to back the City in every way possible to conserve water. There is nothing further she can do other than bathe with the neighborhood. She and others should not be penalized. The City is allowing new buildings to be built which takes more water and at the same time penalizing long-term citizens. It is not fair. Donald Brown. He is the owner of Orange County Ice and has just received his first penalty. It will get serious for his company since his business deals strictly with water. He questioned if there was any 'dispensation' for businesses such as his. If the matter is to be tabled this evening, he wants to be notified of future meetings. Richard Lambros, Apartment Association of Orange County, 12900 Garden Grove Blvd., Garden Grove. They were hoping that the resolution as presented would be passed by the Council. Last week when he appeared at the Public Utilities Board meeting on water rates, citizens hashed out the issue and compromises were reached. Additional compromises were then reached at the Thursday meeting as well. The plan before the Council, although not perfect and one which did not make everyone happy, provided a fairer way of distributing costs incurred during the drought period. Under the current system using water meter size, it allows some citizens to increase water use without paying a surcharge while other citizens are called upon to reduce by as much 87% and still not meeting the requirements to avoid a surcharge. It is not a fair system. He appreciates the proposal to cut down to a 15% reduction. The problem is it is cutting to 15% of average meter use. It is still going to be difficult for multi-family and larger properties to achieve that percentage reduction. Max Engel. He is protesting the proposed increase. He questioned who the Public Utilities Board is supposed to be representing and protecting. Last year, no one stood up to protest water and power increases which eventually totaled 22%. There should be a surcharge for wasting water, but it must be fair and equitable. Ed Aghjayan, Public Utilities General Manager. He clarified that his understanding of the Mayor's proposed resolution is to lower the water conservation target from 25% to 15% and in order to reduce the drought surcharge to coincide with the target, it would mean a 30% to 40% reduction in the current drought surcharge. WAIVER OF READING - RESOLUTION: The title of the fOllowing resolution was read by the City Clerk. (Resolution No. 91R-148) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. 309 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. Council Member Hunter offered Resolution No. 91R-148 for adoption, lowering the water conservation target from 25% to 15% which will mean a 30% to 40% reduction in the current drought surcharge. Refer to Resolution Book. RESOLUTION NO. 91R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-90 RELATING TO THE DROUGHT SURCHARGE. Roll Call Vote: AYES= NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-148 duly passed and adopted. BOARDS AND COMMISSIONS: A21/A22. 105: DECLARING UNSCHEDULED VACANCIES ON THE SENIOR CITIZENS COMMISSION: Council Member Pickler moved to declare unscheduled vacancies on the Senior Citizens Commission as follows: Term of Muriel Nelson expiring June 30, 1991 and the term of Frances Scherman expiring June 30, 1993 and authorizing the City Clerk to post a notice of the unscheduled vacancies. Council Member Ehrle seconded the motion. MOTION CARRIED. ITEMS BI - B2 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 2, 1991 - DECISION DATE: MAY 9, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS MAY 24, 1991: Bi. 179: VARIANCE NO. 4124, CATEGORICALLY EXEMPT, CLASS 11: OWNER: FIRST PRESBYTERIAN CHURCH OF ANAHEIM, 310 West Broadway, Anaheim, CA 92805, Attn: Pastor Steven Mather. AGENT: JOHN YOUNG, 5400 S. Rosemead Blvd. Apt. 10, Pico Rivera, CA 90660. LOCATION: 310 West Broadway. Property is approximately 1.87 acre located at the southwest corner of Broadway and Clementine Street. Waiver of maximum sign area to construct a 90 square foot wall sign. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4124 APPROVED (ZA91-22). B2. 179: ADMINISTRATIVE USE PERMIT NO. 91-03: OWNER: MICHAEL & LORIA PEREZ, 3635 Bouquet Avenue, Anaheim, CA 92804. LOCATION: 3635 Bouquet Avenue. Property is approximately .13 acre located on the north side of Bouquet Avenue, approximately 350 feet east of the centerline of Fremont Street. To permit a large family day care home for up to 12 children. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Use Permit No. 91-03 APPROVED (ZA91-23). End of the Zoning Administrator Items. ITEMS B3 - BI0 FROM THE PLANNING COMMISSION MEETING OF MAY 6, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS MAY 28, 1991: 310 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. B3. 179: RECLASSIFICATION NO. 90-91-15, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3353 AND MITIGATED NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, C/O R. ZUR SCHMIEDE, 300 S. Harbor Blvd., Ste. 900, Anaheim, CA 92805 LOCATION: Property is approximately 14.54 acres located on the south side of Sanderson Ave. and approximately 400 feet south and west of the centerline of Auto Center Drive. Reclassification of subject property as follows: Portion A: Petitioner requests reclassification of (entire 14.54 acres) property from the ML (Industrial Limited) zone to the CL (Commercial, Limited) or a less intense zone. CONDITIONAL USE PERMIT NO. 3353: Portion B: (northeasterly 8.15 acres) To permit a German Social Club (Phoenix Club) with a restaurant with on-premise sale and consumption of alcoholic beverages, semi-enclosed restaurant with on-premise sale and consumption of alcoholic beverages, a dance and assembly hall, a picnic area, an air rifle and archery shooting area, a manager's living quarters (to include musician living quarters), a private school, amusement rides, a beer garden area, a gift shop area, a soccer field, a 50 foot high maypole and 5 storage containers, with waiver of minimum number of parking spaces and maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION: RECLASSIFICATION NO. 90-91-15 GRANTED (PC91-55) (7 yes votes). CUP NO. 3353 GRANTED (PC91-56). Waiver of code requirement APPROVED - adding parking agreement prior to building permits. Approved Mitigated Negative Declaration. Letter of appeal was filed by New Part Federal, and public hearing will scheduled at a later date. B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3402, CATEGORICALLY EXEMPT, SECTION 15061(b)3: OWNER: CAMPANULA PROPERTIES, INC., ATTN: Jack Stanaland, 1590-10 S. Pacific Coast Highway, Laguna Beach, CA 92657 LOCATION: 1400 S. Douglass Road. Property is approximately 25 acres located on the east side of Douglass Rd. and approx. 1080 feet north of the centerline of Katella. TO retain an existing 236 space mobilehome park containing 219 coaches with waivers of minimum front yard setback, minimum side yard setback, minimum rear yard setback, minimum number of parking spaces, maximum fence height and waiver of Council Policy No. 542 ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3402 GRANTED (PC91-57) (7 yes votes). Waiver of code requirement APPROVED. A review of the Planning Commission's decision was requested by Council Members Hunter and Ehrle, and therefore, a public hearing will be scheduled at a later date. ~ 311 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. B5. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3387 AND NEGATIVE DECLARATION: OWNER: Lincoln Center East, Attn: G. Jabara, L.A.C.T.C., 6045 Slauson Avenue, Commerce, CA 90040 AGENT: Jerome Buckmelter and Associates, 23534 Aetna Street, Woodland Hills, CA 91367 LOCATION: 1901 E. Center Street. Property is approximately 0.51 acre located on the northeast corner of Center Street and Coffman Street. To permit a cellular telephone facility including a 60-foot high monopole with waivers of minimum number of parking spaces and required yard setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3387 DENIED (PC91-58) (5 yes, 2 no). Waiver of code requirement DENIED. Approved Negative Declaration. B6. 179: WAIVER OF CODE REQUIREMENTt CONDITIONAL USE PERMIT NO. 3405 AND NEGATIVE DECLARATION: OWNER: GEORGE GAVE, 30001 Crown Valley Pkwy., Laguna Niguel, CA 92677 AGENT: MICHAEL R. JOHNSON, 22305 Rolling Hills Lane, Yorba Linda, 92687 LOCATION: 601 E. Orangethorpe Ave. Property is approximately 0.8 acre located on the north side of Orangethorpe Ave. and approximately 1435 feet west of the centerline of Raymond Ave. To expand an existing 6,500 square foot restaurant by adding a 900 square foot addition with waiver of minimum number of parking spaces and waiver of required dedication. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3405 APPROVED (PC91-59) (7 yes votes). Waiver of code requirement APPROVED. Approved Negative Declaration. B7. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3403 AND NEGATIVE DECLARATION: OWNER: FRANK and SARAH MINISSALE, 111 South Mohler Drive, Anaheim, CA 92807 AGENT: THOMAS KIEVIET, 100 South Anaheim Boulevard, ~310, Anaheim, CA 92807 LOCATION: 111 South Mohler Drive. Property is approximately 1.2 acres located at the southwest corner of Santa Ana Canyon Road and Mohler Drive. To permit a pre-school for up to 240 children with waiver of minimum landscaped setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3403 DENIED (PC91-60) (7 yes votes). Waiver of code requirement DENIED. Denied Negative Declaration. B8. 179: WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3407 AND NEGATIVE DECLARATION: OWNER: BRADMORE REALTY INVESTMENT COMPANY LTD, A California Limited Partnership, 721 Santa Monica Blvd., Santa Monica, CA 90401 312 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. AGENT: ROBERT J. SAVAGE AIA, 209 E. 15th Street, Santa Aha, CA 92701 LOCATION: 270 E. Palais Rd. Property is approximately 4.69 acres located on the south side of Palais Road and approximately 710 feet east of the centerline of Anaheim Boulevard. To permit a 20,000 square-foot church facility in an existing industrial building, with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3407 GRANTED (PC91-61) (7 yes votes). Waiver of code requirement APPROVED. Approved Negative Declaration. B9. 179: CONDITIONAL USE PERMIT NO. 3408, CATEGORICALLY EXEMPTt CLASS II: OWNER: VERBURG FAMILY TRUST, 145 Jewell Place, Orange, CA 92666 AGENT: DONALD D. VERBURG, 1460 N. Red Gum Street, Anaheim, CA 92806 LOCATION: 1460 North Red Gum Street. Property is approximately 2.88 acres located on the east side of Red Gum Street and approximately 810 feet north of the centerline of La Jolla Street. To retain a temporary office trailer. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3408 GRANTED, for two years (PC91-62) (7 yes votes). BI0. 179: CONDITIONAL USE PERMIT NO. 3410 AND NEGATIVE DECLARATION: OWNER: CATELLUS DEVELOPMENT, Attn: John Low, 1065 Pacificenter Drive, #200, Anaheim, CA 92806 LOCATION: 1071 North Tustin Ave., $106 (Santa Fe Pacificenter). Property is approximately 26 acres located at the southwest corner of La Palma Ave. and Tustin Ave. To permit a 1,587 square foot Chinese Restaurant with on-sale beer and wine. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3410 GRANTED (PC91-63) (7 yes votes). Approved Negative Declaration. End of the Planning Commission Items. Bll. 179: REQUEST FOR EXTENSION OF TIME ON CONDITIONAL USE PERMIT NO. 3263: Requested by Angela T. Smith, Service Station Services, 2122 S. Grand Avenue, Suite E & F, Santa Ana, CA 92705. The location is 1200 N. Euclid Street and the petitioner requests an extension of time on Conditional Use Permit No. 3263 to expire August 21, 1992. Conditional Use Permit No. 3263 is to permit a car wash facility in conjunction with an existing service station, and with waivers of permitted location of freestanding signs, maximum number of freestanding signs and minimum distance between freestanding signs. Submitted was report dated May 13, 1991 from the Zoning Administrator, Annika Santalahti recommending approval of the requested extension of time. City Clerk Sohl announced that Mr. E. Lewellyn Overholt, attorney for the petitioner, was present to answer any questions if necessary. MOTION: Council Member Hunter moved to approve the requested extension of time on Conditional Use Permit 3263 to expire August 21, 1992. Council Member Ehrle seconded the motion. MOTION CARRIED. 313 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. B12. 179: ORDINANCE NO. 5224 - ADOPTION: WAIVER OF READING - ORDINANCES: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5224) Council Member Hunter moved to waive the reading in full of the ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Ordinance No. 5224 for adoption, amending Section 18.61.050 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code relating to churches in the Canyon Industrial Area. Refer to Ordinance Book. ORDINANCE NO. 5224: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CHURCHES IN THE CANYON INDUSTRIAL AREA. Roll Call Vote on Ordinance No. 5224: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance No. 5224 duly passed and adopted. B13-B16. 179: ORDINANCE NOS. 5227 THROUGH 5230 - INTRODUCTION: Council Member Ehrle offered Ordinance Nos. 5227 through 5230, both inclusive, for first reading. Refer to Ordinance Book. B13. 179: ORDINANCE NO. 5227 - (INTRODUCTION): 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. 90-91-17, located at 1750 South State College Boulevard, from the ML zone to the CO zone.) B14. 179: ORDINANCE NO. 5228 - (INTRODUCTION): 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. 89-90-47, located at 416 South Clementine Street, from the CG zone to the RM-1200 zone.) B15. 179: ORDINANCE NO. 5229 - (INTRODUCTION): 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. 90-91-20, located at 3303 W. Orange Avenue - Humana Hospital, from the RS-A-43,000 zone - Parcels B and C to the CO zone.) B16. 179: ORDINANCE NO. 5230 - (INTRODUCTION): 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. 90-91-15, located on the south side of Sanderson Avenue, approximately 400 feet south and west of the centerline of Auto Center Drive, from the ML zone to the CL zone.) ITEMS B17 - B19 FROM THE PLANNING COMMISSION MEETING OF MAY 20, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS MAY 30, 1991: 314 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. B17. 170: TENTATIVE TRACT MAP NO. 11780 - REVISION NO. 3 AND NEGATIVE DECLARATION: OWNER: BORTIS ET AL, C/O Stefan Wambach, 1482 E. Lincoln Ave., Anaheim, CA LOCATION: Property is approximately 4.47 acres with a frontage of approximately 85 feet on the south side of Rio Grande Drive and located approximately 306 feet east of the centerline of Quintana Drive To re-establish an expired 7-lot (plus one lot for a private roadway) RS-HS-22,000 (SC) Zone, single-family residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 11780 DENIED. Approved Negative Declaration. B18. 170: TENTATIVE PARCEL MAP NO. 91-140 AND NEGATIVE DECLARATION, VARIANCE NO. 4118: SPECIMEN TREE REMOVAL PERMIT NO. 91-06: OWNER: DAVID S. KIM, 512 W. 17TH STREET, Ste. #1, Santa Ana, CA 92701 LOCATION: 391 Peralta Hills Drive. Property is approximately 2.8 acres located at the southeast corner of Santa Ana Canyon Road and Peralta Hills Drive. Waivers of minimum lot width to establish a 2-lot, RS-HS-43,000(SC) subdivision. To establish a 2-lot RS-HS-43,000 subdivision. To remove six (6) specimen trees. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Parcel Map No. 91-140 APPROVED. Approved Negative Declaration. B19. 170: TENTATIVE TRACT MAP NO. 14514 AND NEGATIVE DECLARATION: OWNER: AHMAD TILANCHI, 2030 E. 4th Street, #107, Santa Ana, CA 92705 LOCATION: 719-29 North Street. Property is approximately 0.74 acre located on the west side of East Street approximately 210 feet north of the centerline of Wilhelmina Street. To permit a 10-unit RM-2400 condominium building (Revision No. 1) with waivers of minimum landscaped setback and maximum lot coverage. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract No. 14514 APPROVED. Approved Negative Declaration. ITEMS OF PUBLIC INTEREST: Gary Rafferty asked for clarification relative to the action taken on Item Al9; Mayor Hunter stated that the Council awarded the contract to construct the Anaheim Arena to HuntCor, Inc. of Pheonix, Arizona. D1. 179: CONTINUED PUBLIC HEARING - VARIANCE NO. 4115 AND MITIGATED NEGATIVE DECLARATION, TENTATIVE PARCEL MAP NO. 90-107: OWNER: BROOKHOLLOW APARTMENTS (ANAHEIM) ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, 4490 Von Karman, Newport Beach, CA 92660; ORANGE COUNTY FLOOD CONTROL DISTRICT, 400 Civic Center West, Santa Ana, CA 92701; City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92803 315 City Hall, Anaheimt California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. LOCATION: Property is approximately 5.59 acres located northeast of the northeast corner of Crescent Avenue and Brookhurst Street. Waiver of minimum number of parking spaces, maximum structural height and required elevators to construct a 124-unit, 'affordable", 2 and 3 story, apartment complex and to establish a 2-lot subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4115 GRANTED (PC91-34) to include stipulation by applicant to lease a certain number of 3-bedroom apartments with 2 cars; providing bus passes at a maximum cost of $340 per subject to the changes; promotion of ride sharing; helping second and third floor residents to move and to remove themselves as required (5 yes votes, 1 no vote, and 1 absent). Approved Mitigated Negative Declaration. NOTE: AT THE MEETING OF 3/19/91, THE CITY COUNCIL TOOK NO ACTION ON TENTATIVE PARCEL MAP NO. 90-107. HEARING SET ON: Appeal of the Planning Commission's decision was filed by the Anaheim City School District and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 11, 1991 Mailing to property owners within 300 feet - April 9, 1991 Posting of property April 12, 1991 PLANNING STAFF INPUT: At the request of staff the public hearing was continued from the meeting of April 23, 1991 to this date. Mayor Hunter noted that the recommendation from staff is to continue the subject public hearing to June 4, 1991. He asked if anyone was present who wished to speak or if there was any opposition to continuing the public hearing to June 4, 1991; there was no response. MOTION: Council Member Hunter moved to continue the public hearing on Variance No. 4115 to Tuesday, June 4, 1991. Council Member Ehrle seconded the motion. MOTION CARRIED. D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3390 AND NEGATIVE DECLARATION, WAIVER OF COUNCIL POLICY NO. 543: OWNER: DWYER BEESLEY, ~200, 300 N. TUSTIN, Santa Ana, CA 92705 LOCATION/REQUEST: The property is located at 209 North Gilbert Street and is approximately 0.23 acre located on the west side of Gilbert Street and approximately 550 feet north of the centerline of Lincoln Ave. The request is to permit a 9-unit 'affordable' senior citizen's apartment complex with waivers of (A) minimum building site area per dwelling unit, (B) minimum setback to single family zone, (C) maximum structural height and (D) minimum structural setback from the street. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3390 GRANTED (PC91-40) (5 yes votes, 1 no vote, and 1 absent). Waiver of code requirement APPROVED (waiver (C) to be modified to indicate that the setback is for a parking space as opposed to a trash enclosure. 316 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. Waiver of Council Policy 543 APPROVED (5 yes votes, 1 no vote, and 1 absent). Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Daly and Pickler at the Council meeting of April 16, 1991 and public hearing scheduled May 7, 1991 at which time the applicant requested a continuance to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 25, 1991 Mailing to property owners within 300 feet - April 24, 1991 Posting of property April 26, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 25, 1991 APPLICANT'S STATEMENT: Dwyer Beesley, 300 North Tustin ~201, Santa Ana. The subject project is a duplication of another 9-unit senior project which he built at 125 North Gilbert, 2 1/2 years ago. That project is 100% full and has had zero vacancies for two years. He has made significant improvements to this project. Square footage of the units is increased with the one-bedroom units, between 605 and 625 square feet or 14% larger than code and the two-bedroom units over 900 square feet or 37% larger than code. Five of the 9-units will have fireplaces. He has added brick fascia to the Gilbert street elevation and the pitch of the roof is increased to give more of a craftsman style. Relative to the waivers, the previous project at 125 North Gilbert had only one waiver and that was the senior density bonus. While this project is similar, it has that same waiver but with two additional waivers - maximum structural height and minimum setback to single family. These two waivers are solely due to the fact that there is single-family residential on each side. These two residences are in support of the project. The only reason for the waivers is for the protection of the two residences. Relative to the structural setback, the building itself is to code. The 20-foot setback is only a very small portion of the parking space which infringes into the setback. This project is a proven, successful product and one of the finest locations in Anaheim for senior projects since it is near shopping, bus transportation and is a few hundred feet away from a City golf course. He will be happy to answer questions. Mr. Beesley then reported for the Mayor that he had met with the Orange Avenue Homeowners Group and the residents last Wednesday evening. He supports what the Orange Avenue Group is attempting to do since he feels a lot of "junk' apartments have been built in Anaheim. He feels the homeowners realized they were looking at a quality project which is well maintained. 317 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. Mayor Hunter asked to hear from those who wished to speak. PUBLIC DISCUSSION - IN FAVOR: None PUBLIC DISCUSSION - IN OPPOSITION: None COUNCIL ACTION: Mayor Hunter closed the public hearing. Council Member Daly. He asked if there was a way to design the project with fewer waivers and also questioned staff if street dedication is part of the project. Dwyer Beesley. He has designed the project with a 'short pencil'. The property is in general planned commercial but up against two single-family residences. He looked at the project and how it speaks for itself versus how it applies to the waivers. He can look at many projects that might have zero waivers, but is it really as good and as well designed a project and is it ultimately the best possible project. Annika Santalahti, Zoning Administrator. Relative to the street dedication, none is required. It is an arterial highway and the reason for the 20-foot setback under Item C. If a local street, there would be a 15-foot structural setback and parking setback. Dwyer Beesley. The issue came up at the Planning Commission. Staff reviewed the matter and reported Gilbert is widened to its maximum capacity as it is presently planned. Approximately four years ago, all property owners gave 12-feet of their property to the City. That was when the street was widened and sidewalks installed. Annika Santalahti. She confirmed the site plan submitted seems to reflect that and she does support it. Eric Nicoll, Housing Development Manager. One waiver pertains to Council Policy No 543 - Density bonuses. Mr. Beesley is adding two units to the overall density from 7-units to 9-units. It is a minimal increase but it does exceed the 25%. Council Member Pickler. He has nothing against Mr. Beesley's project. His concern is the location. He voted against his other Dr0ject four doors down. He understands why the neighbors to the north and south are not opposed because he feels an additional 9-units will subsequently be proposed on those properties to the north and south. The project is inundating an area that is already too dense. There are several schools in the area. The traffic circulation is also too much for the area. He feels preserving single-family units is something they have to do. The increase in density will be a detriment to the area and putting too much on that corner. Mayor Hun~er. The difference with this project is that it is a 9-unit affordable senior citizens complex. If it was a straight apartment project, he would be voting against it. There are thousands of seniors waiting to get into affordable projects. The City is sorely lacking in senior citizen housing. 318 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. Council Member Pickler. He feels that the units will rent for $600 and that seniors will be in the 55 year range who are still active and drive cars. He also reiterated his concerns that within a year he feels the Council will be asked to approve another 9-units to the north and 9-units to the south of the proposed complex. Eric Nicoll. Relative to the affordability, seniors must be 62 years of age older. There will be three affordable units, one under the Density Bonus program and two under the Senior Ordinace program at $491 a month. There are some restrictions on the units and the developer has also offered to provide two units to the Section 8 program. Five of the 9-units would be in the affordable program. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Ehrle, 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. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-149) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-149 for adoption, granting Conditional Use Permit No. 3390 subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 91R-149: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3390. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle and Hunter Daly and Pickler None The Mayor declared Resolution No. 91R-149 duly passed and adopted. D3. 179: PUBLIC HEARING - AMENDMENT TO CONDITION OF APPROVAL, RECLASSIFICATION NO. 90-91-1 AND NEGATIVE DECLARATION: REQUESTED BY: MASSOUD MONSHIZADEH, OMP PARTNERSHIP, 1571 W. Katella Avenue, No. A, Anaheim, CA 92802. LOCATION/REQUEST: The property is located at 575 West Katella Avenue. The petitioner requests amendment to Condition No. 3 of Resolution No. 90R-312 of Reclassification No. 90-91-1, pertaining to an unsubordinated school covenant. Reclassification No. 90-91-1 is for a change in zone from CL to RM-2400, to permit a 40-unit condo complex with waivers. 319 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 9, 1991 Mailing to property owners within 300 feet - May 8, 1991 Posting of property May 9, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 6, 1991 from the Zoning Administrator, Annika Santalahti recommending that the Council amend Condition No. 3 of Resolution No. 90R-312 deleting the term #unsubordinated' from the condition. Annika Santalahti, Zoning Administrator. She confirmed for Mayor Hunter that staff recommendation remains the same as outlined in the report that the condition be amended to delete the word "unsubordinated.# Mayor Hunter opened the public hearing and asked if anyone wished to speak. Maria Lanard-Romero, Director of Planning, Anaheim City School District. She asked for clarification relative to the request of the petitioner. City Attorney White. It is the practice of the City anytime they require a covenant to be recorded that it be unsubordinated. If the covenant is unsubordinated and later there is a foreclosure on a pre-existing mortgage or trustee, the covenant will not be eliminated. If subordinated, it means that the new owner of the property who takes it through a foreclosure proceeding will not take subject to the terms of that particular covenant since they will have acquired it through a primary right that was primary to the covenant itself. The covenant will be wiped out as to those particular interests. He confirmed it was a condition of the rezoning action. Maria Lanard-Romero. This project is in the Stoddard Elementary School attendance area. That site is already impacted. They are going into year-round calendar next year to resolve the problem. This site is a small site and even temporary housing solutions for students are not applicable. They do not have the room. She wants to be sure that the Council is aware of the situaion. COUNCIL ACTION: There being no further persons who wished speak either in favor or opposition, Mayor Hunter closed the public hearing. Council Member Daly. He clarified for the school district representative that the condition will still apply in essentially the same form as when originally approved. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Pickler, 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. 320 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-150) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-150 for adoption, approving the requested amendment to Condition No. 3 of Resolution No. 90R-312 of Reclassification No. 90-91-01 pertaining to an unsubordinated school covenant. Refer to Resolution Book. RESOLUTION NO. 91R-150: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN RECLASSIFICATION NO. 90-91-1 AND AMENDING RESOLUTION NO. 90R-312. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-150 duly passed and adopted. D4. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3378 AND MITIGATED NEGATIVE DECLARATION: OWNER: DAH'S SERVICE CENTER, 519 W. Ball Rd., Anaheim, CA 92805 AGENT: ARTHUR H. SHIPLEY, 1728 W. Bay Ave., Newport Beach, CA 92663 LOCATION/REQUEST: The property is located at 519 W. Ball Road and is approximately .30 acres located at the northeast corner of Harbor Boulevard and Ball Road. The request is to retain rental truck service as an accessory use to an existing service station. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3378 DENIED (PC91-31) (3 yes votes, 1 no vote, 2 abstained, and i absent). Approved Mitigated Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by the owner, Carlos Eldah and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 9, 1991 Mailing to property owners within 300 feet - May 8, 1991 Posting of property May 9, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 11, 1991. City Clerk, Leonora Sohl announced that a letter was received from Carlos Eldah on May 17, 1991 requesting a continuance of the public hearing to June 18, 1991. 321 City Hall, Anaheim, California - COUNCIL MINUTES - May 21, 1991, 5:00 P.M. Mayor Hunter asked if anyone was present to speak or opposed to a continuance of the public hearing; there was no response. MOTION: Council Member Daly moved to continue the public hearing on Conditional Use Permit No. 3378 to Tuesday, June 18, 1991. Council Member Pickler seconded the motion. MOTION CARRIED. ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member Pickler seconded the motion. MOTION CARRIED. (6:47 p.m.) Mayor Hunter noted that no Council Meeting was scheduled for Tuesday, May 28, 1991 due to the Memorial Day weekend. LEONORA N. SOHL, CITY CLERK 322