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1991/06/04City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 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 EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:40 p.m. on May 31, 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. (3:01 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. (5:35 p.m.) 323 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. INVOCATION: A Moment of Silence was observed in lieu of the invocation. FLAG SALUTE: Council Member Irv Pickler led the Assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: Flag Day in Anaheim, June 14, 1991 119: DECLARATION OF RECOGNITION AND APPRECIATION: A Declaration of Recognition and Appreciation was unanimously adopted by the City Council and presented to Michael P. Murphy for his nearly 30 years of dedicated service to the City of Anaheim serving in the Anaheim Police Department. Mayor Hunter and Council Members personally congratulated and commended Mr. Murphy for his dedicated service to the City and citizens of Anaheim. Mr. Murphy was accompanied by his wife Dee. PRESENTATION - STATUE AT MITO, JAPAN: Council Member Pickler presented to the City from the Mayor of Mito, Japan, Anaheim's Sister City, a replica of the statue created and built in Mito representing the friendship between Mito and Anaheim. Mayor Hunter accepted the replica which is to be kept at the History Room of the Main Library. MINUTES: Council Member Ehrle moved to approve the minutes of the regular meetings of May 7 and May 14, 1991. Council Member Daly seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,514,404.85 for the period ending May 24, 1991 and $2,056,347.17 for the period ending May 31, 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. (5:42 P.M.) Mayor Hunter reconvened the City Council meeting. (5:46 P.M.) WAIVER OF READING - RESOLUTION: The titles of the following resolutions were read by the City Manager. (Resolution Nos. 91R-151 through 91R-158, both inclusive, and Ordinance Nos. 5225 and 5226.) Council Member Hunter moved to waive the reading in full of the resolutions and ordinances. Council Member Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Hunter, seconded by Council Member Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; ~ouncil Member Hunter offered Resolution Nos. 91R-151 through 91R-158, both inclusive, for adoption. Refer to Resolution Book. 324 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. 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 Rose Marie Strickland for property damage and bodily injury sustained purportedly due to actions of the City on or about October 24, 1991. b. Claim submitted by Rochelle Marie Lee for property damage and bodily injury sustained purportedly due to actions of the City on or about October 24, 1990. c. Claim submitted by Zia U. Haq for property damage sustained purportedly due to actions of the City on or about April 21, 1991. d. Claim submitted by Charles Henry Huckey for property damage sustained purportedly due to actions of the City on or about April 1, 1991. A2. 105: Receiving and filing minutes of the Community Services Board meeting held April 11, 1991. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held April 24, 1991. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for April, 1991. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held May 6, 1991. 173: Receiving and filing a Notice to Customers of Filing of Application No. 91-05-022 by Southern California Gas Company, requesting an increase in its authorized rate of return from the current 10.79% to the proposed 11.14% (revenues of $18.982 million annually). 173: Receiving and filing Application No. 91-05-024 before the Public Utilities Commission of the State of California for authority to increase its authorized rate of return on common equity; authority to maintain its authorized capital structure; authority to adjust cost factors for imbedded debt and preferred stock and related substantive and procedural relief. A3. 101: Approving a Notice of Completion of the construction of Anaheim Arena Phase II, Relocation of Phoenix Club Beer Garden, Shooting and Archery Ranges, and Green Belt Area by Clayton Engineering, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. MOTION: On motion by Council Member Hunter, seconded by Council Member Daly, this item was removed from the agenda at this time as requested by staff. MOTION CARRIED. Council Member Ehrle voted no. 325 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. A4. 158: Authorizing the payment of $10,909 to the owners Dorothy Gallardo and Herman R. Gallardo, pursuant to agreement on file, for additional modifications required for the relocation of the advertising sign located at 801 North Anaheim boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-55). AS. 123: Approving a Cooperative Agreement with the State of California, Department of Transportation for the installation of two changeable message signs on Interstate 5 for the management of traffic approaching the Commercial-Recreation Area, and authorizing the Mayor to execute said agreement. A6. 176: RESOLUTION NO. 91R-151: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-83 PERTAINING TO THE ABANDONMENT OF CERTAIN PROPERTY ON THE EAST SIDE OF STATE COLLEGE BOULEVARD, NORTH OF KATELLA AVENUE. (RARAP, L.P.). A7. 158: Finding and determining, in accordance with Section 1222 of the City Charter, that the proposed sale of City-owned real property (a portion of former Well Site No. 109) located east of Kenmore Street and south of Orange Avenue is in the best interest of the City; accepting the offer received in the amount of $600; and authorizing the Mayor and City Clerk to execute the Grant Deed. A8. 158: Finding and determining, in accordance With Section 1222 of the City Charter, that the proposed sale of City-owned real property (a portion of former Well Site No. 21) located east of Florette Street and south of Hiawatha Street is in the best interest of the City; accepting the offer received in the amount of $300; and authorizing the mayor and City Clerk to execute the Grant Deed. A9. 123: Approving a First Amendment to Agreement for Consulting Services with Kellogg Corporation to extend the Police 2000 claims consulting agreement term from June 30, 1991 through December 31, 1991. Al0. 158: RESOLUTION NO. 91R-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING EXECUTION AND DELIVERY OF A GRANT DEED. (South side of Lincoln Avenue between Kingsley Street and the Santa Ana River.) All. 158: RESOLUTION NO. 914-153:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CERTAIN QUITCLAIM DEEDS. (Two easement deeds to Bi Ling Lin.) Al2. 172: ORDINANCE NO. 5225 (ADOPTION): 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. (Introduced at the meeting of May 21, 1991.) A13. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Simon West Coast, in an amount not to exceed $40,000 for the repair of a 40-foot single-bucket telescopic-boom aerial device. 326 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. A14. 160: Accepting the low bid of Hell-Dyne, Inc., in the amount of $43,665 for one set of helicopter rotor blades, in accordance with Bid $4950. A15. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for nine months ended March 31, 1991. Al6. 123: Approving an agreement with Anaheim Union High School District to facilitate Summer Sports Camps at six district sites for students 12-18 years of age. A17.- 123: Approving an Agreement with Pacific Bell for use of their parking lot located at Lincoln Avenue and Anaheim Boulevard for Pearson Park Theatre events. A18. 123: Approving a First Amendment to Agreement with Feedback Foundation, TLC, to provide an advance Community Services Agency funding payment in the amount of $17,500. Al9. 150: Approving the name of Toyon Park for The Summit Parksite in The Summit of Anaheim Hills residential development located south of Serrano Avenue on Weir Canyon Road in Anaheim Hills. A20. 106: Approving the revised time schedule for the review and adoption of the 1991/92 Resource Allocation Plan. A21. 108: ORDINANCE NO. 5226 (ADOPTION): 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. (Introduced at the Council meeting of May 21, 1991.) Council Member Ehrle voted NO. RESOLUTION NO. 91R-159 Establishing animal regulations fees. Resolution No. 91R-159 was removed from the consent calendar. A22. 123: Consenting to the assignment of an agreement to Managed Maintenance and Construction Company, Inc., for custodial services for the remainder of the agreement period through October 31, 1992. A23. 153: RESOLUTION NO. 91R-154: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-80 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (Effective May 24, 1991.) 153: RESOLUTION NO. 91R-155: 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. (Effective May 24, 1991.) 327 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. 153: RESOLUTION NO. 91R-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-81 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. (Effective May 24, 1991.) 153: RESOLUTION NO. 91R-157: 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. (Effective May 24, 1991.) A24. 153: RESOLUTION NO. 91R-158: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 NUNC PRO TUNC. (Changes salary step range for Assistant Scoreboard Director, and correlates the salary schedule for Clerical Assistant and General Services Worker.) Roll Call Vote on Resolution Nos. 91R-151 through 91R-158, both inclusive, and Ordinance No. 5225. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution Nos. 91R-151 through 91R-158, both inclusive, and Ordinance No. 5225 duly passed and adopted. Roll Call Vote on Ordinance No. 5226. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler and Hunter Ehrle None The Mayor declared Ordinance No. 5226 duly passed and adopted. End of Consent Calendar. 108: HEARING - ESTABLISHING ANIMAL REGULATION FEES: City Attorney Jack White announced that notices have been given as required relating to the hearing to be held at this time by the City Council concerning proposed animal regulation fees. Submitted was report dated May 10, 1991 from the City Treasurer, Mary Turner, recommending the establishment of fees as outlined in her report. Mayor Hunter opened the hearing and asked to hear from anyone who wished to speak relative to the proposed fee schedule; there being no response, he closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-159.) 328 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-159 for adoption establishing animal regulation fees as recommended by the City Treasurer. Refer to Resolution Book. RESOLUTION NO. 91R-159: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING ANIMAL REGULATION FEES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler and Hunter. Ehrle None The Mayor declared Resolution No. 91R-159 duly passed and adopted. ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 16, 1991 - DECISION DATE: MAY 23, 1991 INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 7~ 1991 BI. 179: VARIANCE NO. 4128, CATEGORICALLY EXEMPT, CLASS 11: O~NER: MICHAEL AND BETTY TUNG, 1428 Pasco la Cresta, Palos Verdes, CA 90274 LOCATION: 4305 East La Palma Avenue. Property is approximately 2.0 acres located on the northeast corner of La Palma Avenue and Fee Ana Street. Waiver of minimum number of parking spaces to retain a fenced storage area. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4128 APPROVED (ZA91-24). END OF THE ZONING ADMINISTRATOR ITEMS. B2. 179: ORDINANCE NO. 5227 - ADOPTION: Amending Title 18 to rezone property under Reclassification No. 90-91-17, located at 1750 South State College Boulevard, from the }fL zone to the CO zone. (Introduced at the meeting of May 21, 1991, Item B13.) B3. 179: ORDINANCE NO. 5228 ADOPTION: Amending Title 18 to rezone property under Reclassification No. 89-90-47, located at 416 South Clementtne Street, from the CG zone to the RH-1200 zone. (Introduced at the meeting of May 21, 1991, Item B14.) Bd. 179: ORDINANCE NO. 5229 ADOPTION: Amending Title 18 to rezone property under 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. (Introduced at the meeting of May 21, 1991, Item B15.) 329 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. BS. 179: ORDINANCE NO. 5230 - ADOPTION: Amending Title 18 to rezone property under Reclassification No. 90-91-15, located on the south side of Sanderson Avenue, approximately 400 feet south and west of the centerltne of Auto Center Drive, from the ML zone to the CL zone. (Introduced at the meetin$ of May 21, 1991, Item B16.) WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5227 through 5230, both inclusive.) Council Member Hunter moved to waive the reading in full of the ordinances. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Pickler offered Ordinance Nos. 5227 through 5230, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 5227: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (1750 South State College Boulevard.) ORDINANCE NO. 5228: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (416 South Clementtne) ORDINANGE NO. 5229: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE' ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPALCODE RELATING TO ZONING. (3303 West Orange Avenue) ORDINANCE NO. 5230: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (400 feet south and west of the centerl'ine of Auto Center Drive) Roll Call Vote on Ordinance Nos. 5227, 5229 and 5230. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter. None None The Mayor declared Ordinance Nos. 5227, 5229 and 5230 duly passed and adopted. Roll Call Vote on Ordinance No. 5228. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Pickler, Ehrle and Hunter. Daly None The Mayor declared Ordinance No. 5228 duly passed and adopted. B6. 176: AMENDING RESOLUTION NO. 90R-308 NUNC PRO TUNG: WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-160.) 330 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. Council Member Pickler moved to vatve the readinE in full of the resolution. Council Member Hunter seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-160 for adoption. Refer to Resolution Book. RESOLUTION NO. 91R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 90R-308 (NUNC PRO TUNC) ADOPTED IN CONJUNCTION WITH RECLASSIFICATION NO. 89-90-51. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL HEMBERS: COUNCIL~EMBERS: Simpson, Daly, Pickler, Ehrle and Hunter. None None The Mayor declared Resolution No. 91R-160 duly passed and adopted. BT-B10. 179: ORDINANCE NOS. 5231 THROUGH 5234, INCLUSIVE - INTRODUCTION: Council Member Hunter offered Ordinance Nos. 5231 through 5234, both inclusive, for first reading. Refer to Ordinance Book. ORDINANCE NO. 5231: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (425 North Magnolia Avenue.) ORDINANCE NO. 5232: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING KAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Northeast corner of La Palma Avenue and Blue Gum Street.) ORDINANCE NO. 5233: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Northeast corner of Monte Vista Road and Weir Canyon Road.) ORDINANCE NO. 5234: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.05.080 OF CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LIMIT SICNAGE FOR PROPERTIES IN MULTIPLE-FAMILY ZONES. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. 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, GA 92701; City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92803 LOCATION/REQUEST: The property is approximately 5.59 acres located northeast of the northeast corner of Crescent Avenue and Brookhurst Street. 331 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. The request is for a 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 COM~ISSION: Variance No. 4115 GRANTED (PG91-34) 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 HAP NO. 90-107. Letter of appeal submitted by Michelle Ouellette, Best, Best & Krteger, on behalf of the School District. Public hearing continued from the meetings of April 23, 1991, Item D1, and May 21, 1991, Item D1. HEARING SET ON: Letter of appeal submitted by Michelle Ouellette, Best, Best and Krieger, on behalf of the School District and continued from the meetings of April 23 and May 21, 1991, to 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 PLANNINO STAFF INPUT: See staff report to the Planning Commission dated March 11, 1991. City Clerk Sohl first announced that letter dated June 4, 1991 was received today via FAX from Best, Best and Krteger, Attorneys for the Anaheim City School District and previously transmitted to Council and staff. Joel Fick, Planning Director. The applicant has been working closely with the Community Development Department. Staff believes that the project as it stands today is a much superior project than when originally presented. Staff recommends Council approval. APPLICANT'S STATEMENT: Shirley O'Connor from the William Lyon Company. She is with Bob Waller representing Brookhollow Apartments. If there are any questions or if there is'any other information the Council would like, they would be happy to comply. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak. 332 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. PUBLIC DISCUSSION IN FAVOR: None. PUBLIC DISCUSSION IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearinE. Council Member Daly. Staff indicates there is an agreement with the School District and that the District will act on the agreement on June 11, 1991. He asked if that agreement will subsequently be submitted to the Council. City Attorney ~hite answered yes; Lisa Stipkovich, Executive Director of Community Development. The tTpical procedure on agreements is to first have the other parties execute them. Because the School District was unable to do so at their last meeting, they will execute the agreement if it is approved at their meeting on June 11, 1991. Staff will then submit it to the Council on June 18, 1991. She also confirmed for Council Member Daly that to her knowledge the School District has agreed in concept to the a~reement. They indicated in ~eneral they have approved it but did not have the benefit of a full agreement in front of them at the time. It appeared that they agreed in theory. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-161) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-161 for adoption, making certain environmental findings with respect to the Brookhollow affordable apartment project; adoptin~ a mitigated negative declaration; and adopting a mitigation reporting and monitoring plan. Refer to Resolution Book. RESOLUTION NO. 91R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE BROOKHOLLOW AFFORDABLE APARTMENT PROJECT; ADOPTING A MITIGATED NEGATIVE DECLARATION; AND ADOPTING A MITIGATION REPORTING AND MONITORING PLAN. Roll Call Vote: AYES: NOES: ABSENT: GOUNGIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-161 duly passed and adopted. ENVIRONMENTAL IMPACT REPORT MITIGATED NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Ehrle, the City Council approved the mitigated negative declaration upon finding that it 333 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. has considered the mitigated 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. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-162) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-162 for adoption granting Variance No. 4115 subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO 91R-162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4115. 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-162 duly passed and adopted. MOTION: Council Member Pickler moved to approve Tentative Parcel Map No. 90-107. Council Member Ehrle seconded the motion. MOTION CARRIED. D2. 179: PUBLIC ~EARING - GENERAL PLAN AMENDMENT NO. 319, RECLASSIFICATION NO. 90-91-25, CONDITIONAL USE PERMIT NO. 3400 AND MITIGATED NEGATIVE DECLARATION: OWNER: LEDERER-ANAHEIM, LTD., 1990 Westwood Boulevard, Third Floor, Los Angeles, CA 90025. AGENT: EDWARD KIM/KA INVESTMENT REALTY, 9654 Garden Grove Boulevard, Garden Grove, CA 92644 LOCATION/REQUEST: The property is located at 1440 South Anaheim Boulevard and is approximately 14.74 acres located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard. Petitioner proposes an amendment to the Land Use Element of the General Plan redistricting subject property from the General Industrial Designation to the General Commercial Designation. The request is for a change in zone from H L to CL to permit a commercial retail center, Anaheim Discount Department Store. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of GPA No. 319, redistricting easterly portion from General Industrial to General Commercial designation (PC91-48) (7 yes votes); Reclassification No. 90-91-25 GRANTED (PC91-49); Conditional Use Permit No. 3400 GRANTED, 10 years, subject to review in 5 years (PC91-50); approved Mitigated Negative Declaration. 334 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. HEARING SET ON: Public hearing necessitated since a General Plan Amendment is involved. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 23, 1991. Mailing to property owners within 300 feet - May 22, 1991. Posting of property May 24, 1991. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 22, 1991. Joel Pick, Planning Director. He confirmed for the Mayor that the Planning Commission approved the project unanimously and there was no opposition expressed at the hearing. The site is to be upgraded with landscape enhancements and the parking lot lighting will be substantially improved. The Planning Commission will subsequently be reviewing landscaping plans. Mayor Hunter asked to hear from the Applicant or Applicant's Agent; there was no response at this time. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak. PUBLIC DISCUSSION IN FAVOR: None. PUBLIC DISCUSSION IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Pickler, the City Go%until approved the mitigated negative declaration upon finding that it has considered the mitigated 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 enviror~nent. MOTION C~P~IED. WAIVER OF READING - ~SOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 91R-163 through 91R-165, both inclusive) Council Member Hunter moved to waive the reading in full of the resolutions. Council Member Pickler seconded the motion. MOTION CARRIED. Mayor Hunter offered Resolution No. 91R-163 for adoption approving General Plan Amendment No. 319, Resolution No. 91R-164 for adoption approving Reclassification No. 90-91-25 and Resolution no. 9[R-165 for adoption granting Conditional Use Permit No. 3400 subject to City Planning Commission conditions. Refer to Resolution Book. 335 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. RESOLUTION NO. 91R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 319, EXHIBIT "A". RESOLUTION NO. 91R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIM HUNIGIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO. 91R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3400. Before a vote was taken on the proposed Resolutions, Council Member Daly noted that the request was for a Conditional Use Permit with no time frame. The Planning Commission placed a 10 year limit on the CUP with a 5 year review. He asked what a 5 year review would accomplish if the CUP is for 10 years. Joel Ffck, Planning Director. At the end of 5 years, there would be a public hearing before the Planning Commission where they will review the land use on the site and the project at that point in time. Council Member Daly. He asked for clarification on the difference between a 10 year CUP with a 5 year review and a 5 year CUP. City Attorney ~hite. If for 10 years, the CUP would continue in effect as a right of the permit holder unless it is revoked by the Council. The only thing a 5 year review does, it creates an automatic hearing in which the Council would have a set opportunity at a moment in time to consider whether they wished to revoke the permit or not. It could be revoked at that time but also at any other time if there are violations of the Code. He reiterated all it does is it brings the CUP back for a hearing at that moment in time. Council Member Daly. The reason for the question, he is not sure this is a good long term use for the property but because there is a 5 year review, he will support the request. City Attorney White. Relative to Council Member Daly's last statement, one of the distinctions to be kept in mind, the difference between a 5 year permit and a 10 year permit with a 5 year review, if it expires in 5 years, the burden is on the applicant to meet the necessary findings to extend it for another 5 years. If a 10 year permit with a revocation provision, the burden is on the City to show why the permit should be revoked. It changes the burden of proof. Council Member Daly. Based on what the City Attorney just said, he suggests that the permit be approved in that way - that the burden of proof in 5 years should be placed on the applicant. Indoor swap meets do not have a great history in other communities. He is not sure the community should commit to l0 years. 336 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. Council Member Pickler asked how that could be done; City Attorney ~hite. Instead of a 10 year approval, it would be for 5 years and the condition for the automatic review in 5 years would be deleted. Mayor Hunter. He is offering the resolution of approval as it stands - for 10 years with a 5 year review. Council Member Pickler. His concerns are the same as Council Member Daly's. He feels 10 years is too long. If the use is not of benefit to the City, a shorter time period would give better control and he would feel more comfortable. City Attorney ~hite then explained for Council Member Simpson that relative to burden of proof on the City, if a 10 year permit with a 5 year review, in 5 years a hearing would be scheduled and the only basis on which to terminate the use at that time would be if the City established the evidence presented to the City Council that the existing 10 year permit was being conducted in a manner which either violated one of the expressed conditions in the CUP or it was being conducted in a manner which violated one of the criteria in the Anaheim Municipal Code. Criteria are basically that the permit was obtained by fraud or being in a manner detrimental to the public health and safety or in a manner that would constitute a public nuisance. The burden would be on the City to prove one of those. If a 5 year permit and an extension is being requested, the burden is on the applicant that the use is detrimental to surrounding properties and the neighborhood. It is a question of who has to come in with the evidence. In one case it is the staff, and in the other, it is the applicant. Mayor Hunter reopened the public hearing. Council Member Ehrle wanted to know the estimated tax revenue to the City on the proposed project. Bryan Carmichall, Architectronics, representing Mr. Kim. The estimate is $4.5 million a year, gross sales. It is an indoor marketplace. The booths will be of a permanent structure. The minimum lease time will be for a period of one year so that there will be no weekend type stalls. That was spelled out in the Planning Commission resolution. Also in the resolution, there will be no outside sales or demonstrations. They do not have a problem with that. The reason for the 10 years was ~mportant because it is a 10 year lease. ~hey would prefer a 10 year CUP with a chance for review. Also, many street improvements have to be made. The project is an extreme financial burden. A 10 year period would help assure recovery of the financial output that will be necessary. He feels that the conditions placed on the use by the Planning Commission, especially no outside demonstrations and minimum lease time will provide ample protection to the City from creating a swap meet situation. 337 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. Tom Kieviet, Farano and Kieviet, 100 South Anaheim Boulevard. He is present on behalf of the underlying property owner. The 5 year, 10 year issue was discussed at the Planning Commission hearing. The conclusion was reached that a 10 year limit for the CUP would then give the opportunity to extend it thereafter by the applicant. Five years would make it extremely difficult and potentially not financially feasible for the applicant to incur the cost to perform under the CUP to a point where the Planning Commission felt comfortable with a 5 year review. If everything is going according to plan and the CUP is being met, there would not be a problem with the continuation. However, to limit the CUP to 5 years would place the burden on them and althouih it may be very simple to get it, the legal implications of not having that guarantee for the 10 year period could prove devastating. He then explained the costs involved to establish the business which he estimated to be $400,000 to $450,000. Council Member Daly. The proposal calls for 273 booths. There has been nothing of this scale in Anaheim or even Orange County before. It is a first and an unknown. He feels a true 5 year review should constitute a reapplication by the developer. Additional discussion followed wherein Council Members posed questions to staff for purposes of clarification relative to how the ordinance is structured allowing churches in the Canyon Industrial Area for certain time periods and what transpired at the Planning Commission hearing leading to their decision. Council Member Ehrle. In his mind, the property will be improved. It is close to 15 acres. He does not believe the establishment will be there 10 years from now knowing how the area is developing and changing. It is a $10 to 12 million piece of property. The use might be there for the next 3 or 6 years but not for the next decade. He has no problem approving the use for 10 years. The improvements will enhance the area in the meantime. Mayor Hunter closed the public hearing. Mayor Hunter re-offered the resolutions and approving the Conditional Use Permit as approved by the City Planning Commission for 10 years with a 5 year review. Council Member Pickler. He is going to oppose the use since he prefers to see the ~horter time frame. A vote was then taken on Resolution No. 91R-163, 91R-164 and 91R-165. 338 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. Roll Gall Vote. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle and Hunter Daly and Pickler None The Mayor declared Resolution No. 91R-163 through 91R-165, both inclusive, duly passed and adopted. Council Member Daly. He voted no primarily because they do not have any evidence that it will be a quality operation. Secondly, as Council Member Ehrle stated, it is probably the desire of the Council to see another use on the site. He cannot see why they would then encourage 10 years of a use they really do not prefer. D3. 179. PUBLIC gRARING - TENTATIVE PARCEL MAP NO. 91-173, VARIANCE NO. 4126 AND NEGATIVE DECLARATION: OWNER: JOSEPH M. MARTELLI AND LISA G. MARTELLI, 791 S. Brookhurst Ave., Anaheim, GA 92804 AGENT: DOUG BROWNE, P.O. Box 18021, Anaheim, GA 92817 LOCATION/REQUEST: The property is located at 901 North West Street and is approximately 0.65 acre located on the west side of West Street and approximately 220 feet south of the centerlfne of La Entrada Circle. The request is for waivers of required lot frontage, minimum lot area, and minimum lot width to establish a 3-lot subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Parcel Map No. 91-173 and Variance No. 4126 referred to City Council for public hearing due to tie vote (3 yes votes, 3 no votes, and i abstained). Approved Negative Declaration. HEARING SET ON: A public hearing was set due to a tie vote by the City Planning Commission at their meeting held May 6, 1991. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 23, 1991 Mailing to property owners within 300 feet - May 22, 1991 Posting of property May 24, 1991 PLANNING STAFF INPUT: See staff report to the Planning Commission dated May 6, 1991. APPLICANT'S STATEMENT: Doug Browne, 151 S. qutntana. He briefed the Council on the buildings he has built in the City since 1981. He is a developer who chooses parcels which no one else has the patience for or wants to develop. He tries to make his products as good as he can. The renderings furnished the Planning Commission are not posted but he has miniaturized copies which he showed to the Council. The renderings were for evidence to the Planning Commission that good size houses will 339 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. have no problem sitting on the proposed lots which he is attemptin$ to produce. The Tentative Parcel Map before the Council for approval produces two 10,000 square foot lots and one 8600 plus square foot lot in an area where 10,000 square foot lots are the minimum size. The private driveway serves all the lots and safely allows the negotiation of vehicular traffic to back on to the driveway and head out onto West Street, a situation that does not exist on most of the other driveways on West Street. One of the contingencies of the approval of the resolution by the Planning Commission was that the project would be developed in substantial conformance with what he proposed to them. They did not get to the discussion stage because the vote was 3 to 3. Thus, the fine lines were not drawn. His actual application was strictly for the production of the Parcel Map as posted. The houses were not necessarily the ones which would be constructed but given as examples of houses that would sit on the lots. The area is an old established area of Anaheim and would lend itself to good size homes on those lots. He needs to have the Parcel Map approved first. The renderings show the approximate quality of the houses and not the exact houses. He stated for Council Member Daly that the houses will be as nice as the ones built on West Street on the east side north of Westmont. Mayor Hunter opened the public hearing and asked to hear from those who wished to speak either in favor or in opposition. PUBLIC DISCUSSION - IN FAVOR: Richard Moss, 907 North West Street. Generally in the times he has appeared before the Planning Commission and Council, he speaks for himself and other homeowners on West Street. Tonight he is speaking for himself simply because in speaking with the other people, they have agreed that the program outlined by Mr. Browne is to their advantage in increasing the quality of development along North West Street. In the 32 years he has lived there, they have been trying to make people aware that the street has been neglected. They have had the advantage of the cooperation of the City and Planning Commission over the years and have brought West Street up to a quality street although there are "warts" that still remain. The hope is eventually that North West Street between North Street and La Palma will be a quality street. Speaking for himself and because he is directly affected, he feels the proposed development is a plus for the street and is asking that the Council give their approval to it. PUBLIC DISCUSSION - IN OPPOSITION: Joan Burke, 649 Carlton. She found out about the project today. She did call other people and they would have been present if they had known about the hearing. This is a nice neighborhood. She does not like to see a change in the minimum size and minimum lot width frontage. She feels it would be a nice project for two homes but three is too crowded. She 340 City Hall, Anaheim, California - COUNCIL MINUTES - June 4, 1991, 5:00 P.M. wishes there were more people present tonight. notice only goes out to those within 300 feet. is against the project as proposed. She knows the In general, she COUNCIL ACTION: There being no further persons who wished to speak, Hayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, 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-166.) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Pickler moved to approve Tentative Parcel Hap No. 91-173. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-166 for adoption granting Variance No. 4126 subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 91R-166: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4126. 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-166 duly passed and adopted. ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member Ehrle seconded the motion. MOTION CARRIED. (6:53 p.m.) LEONORA N. SOHL, CITY CLERK 341