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1991/12/10City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann Sauvageau DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson PUBLIC WORKS/ENGINEERING-ADMIN SRVCS COORDINATOR: Greg Trombley TRAFFIC & TRANSPORTATION MARAGER: John Lower PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:10 p.m. on December 6, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of December 10, 1991 to order at 3:07 p.m. City Manager James Ruth. The workshop presentation today involves the People Mover Project Study which the City Council funded and which was recently concluded. The Director of Public Works and City Engineer, Gary Johnson has headed the project along with Greg Trombley, Administrative Services Coordinator in the Public Works/Engineering Department who will make the presentation on the conclusions of the first phase of the subject study. 173: PEOPLE MOVER PROJECT STUDY: Gary Johnson, Director of Public Works and City Engineer. There will be a brief presentation by the consultants who did the study along with comments from staff. He introduced Greg Trombley who was the Project Manager for this project. Greg Trombley, Administrative Services Coordinator and Project Manager for the People Mover Project Study. The project was done in February and staff has subsequently held two meetings with the Business Advisory Committee and Technical Advisory Committee. He then introduced Craig Miller, Kimley-Horn and Associates, Inc., Consultants. Craig Miller, Kimley-Horn and Associates. He first named the companies who assisted in the study naming the representatives from each of those companies who were present in the Chamber audience. (See summary of Technical Memoranda - Anaheim People Mover System Phase I Implementation Program prepared for the City of Anaheim - made a part of the record.) The study was initiated with several goals, the key words being preliminary financial feasibility. He then briefed the Council on Phase I goals, the most important being to develop an implementation strategy containing a conceptual strategic financing plan for implementation of the system. Supplemented by slides, Mr. Miller briefed 811 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. portions of the Phase I Implementation Program Summary - alignment alternatives which were explored, a summary of options, slides showing fixed guideway stations in tandem with a people mover system, system goals, system benefits (traffic, environment and economic benefits as well as user benefits), developer interest, etc. He concluded that A.G.T. (Automated Guideway Transit is needed and is marginally feasible if the State revolving fund is accepted, C-R area tax increment fees materialize, the area-wide parking tax is implemented and/or windfall grant materializes. He also briefed critical triggering factors, i.e., wait until major C-R area development, Disney expansion, Stadium area development and the Orange County guideway. Greg Trombley. Staff is in concurrence with the consultants and peer group committee that no type of Phase II study is warranted at this time. One of the triggering mechanisms needs to come into play in order to go forward with a full blown Phase II study which will be provided by the consultant when that becomes necessary. What they would be looking at in the future would be a phased incremental type approach. Mr. Trombley then briefed staff's three major recommendations relative to the People Mover System, the first of which included continuing the overall planning efforts for a future area-wide system and the subsequent steps that would need to be taken. Council Members then posed questions relative to the financing structure for the system, whether such a system would eliminate the need for building additional parking structures in the C-R - Stadium area, etc. Questions were answered by staff members Trombley and John Lower, Traffic and Transportation Manager as well as Mr. Miller. Mayor Hunter thanked all those present, the consultant and staff members, for the informative presentation. 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. City of Anaheim vs. Admiral Insurance Company et al., Orange County Superior Court Case No. 53-16-60. City of Anaheim vs. Ertzen, et al. SCV$ 24-64-02. 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. 812 City Hallt Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991t 5:00 P.M. 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. f. (Added to Redevelopment Agency Closed Session Items) To meet with the City's designated negotiator concerning disposition of certain real property owned by Southern Plastic Mold, 2941 E. La Jolla, Anaheim. Council Member Hunter moved to recess into Closed Session, Council Member Ehrle seconded the motion. MOTION CARRIED. (3:40 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. (5:58 p.m.) INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Council Member William Ehrle 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: Points of Light Day in Anaheim, December 11, 1991 119: DECLARATION OF RECOGNITION: A Declaration of Recognition and Appreciation was unanimously adopted by the City Council to be mailed or presented to Gilbert R. Waterworth on his retirement for the City after serving the City for over 29 years in the Street Maintenance Department. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition and Appreciation was unanimously adopted by the City Council to be mailed or presented to Raymond W. Radford upon his retirement from the City after serving the City for over 29 years in the Fire Department. Mayor Hunter and Council Members commended Mr. Waterworth and Mr. Radford for their dedicated service to the Anaheim Community. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,373,477.15 for the period ending December 6, 1991, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:59 p.m.) Mayor Hunter reconvened the City Council meeting. (6:00 p.m.) 813 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10~ 1991, 5=00 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member Hunter, seconded by Council Member Daly, 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-327 through 91R-330, both inclusive, for adoption and Ordinance No. 5280 for first reading. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS/ORDINANCES= The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 91R-327 through 91R-330, both inclusive, for adoption and Ordinance No. 5280 for first reading.) Council Member Hunter moved to waive the reading in full of the resolutions and ordinances. Council Member Daly seconded the motion. MOTION CARRIED. Al. 118= The following claims were filed against the City and action taken as recommended= Claims rejected and referred to Risk Management= a. Claim submitted by Roger & Heidi Flude for property damage sustained purportedly due to actions of the City on or about October 26, 1991. b. Claim submitted by Marion & Betty Brouwer for property damage sustained purportedly due to actions of the City on or about November 1, 1991. c. Claim submitted by Mrs. Ray Dailey for property damage sustained purportedly due to actions of the City on or about November 3, 1991. d. Claim submitted by James A. & Karen L. Napolitano for property damage sustained purportedly due to actions of the City on or about June 13, 1991. A2. 107= Receiving and filing the Statistical Report Summary ending October 31, 1991, as submitted by the Building Division. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held November 13, 1991. A3. 135= Approving a Notice of Completion of the construction of the H.G. mDad# Miller Clubhouse by J.L. Etheridge Construction Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 150= Awarding the contract to the lowest and best responsible bidder, Building Energy Consultants, for Stoddard Park Security Lighting, in the amount of $29,300~ and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. AS. 150= Awarding the contract to the lowest and best responsible bidder, J.H. Rives Company, for Pearson Park Restrooms, Checkout Building, and Water Vault Replacement, in the amount of $244,707.95~ and in the event said low bidder fails to comply with the terms of the award, awarding the contract to 814 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A6. 169: Approving a Notice of Completion of the construction of Federal Demonstration Project No. 2 - Closed Circuit Television, by Steiny and Company, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A7. 123: Approving three agreements with Concurrent Computer Corporation, in an annual aggregate amount of $36,902.16 for the term of July 1, 1991, through June 30, 1992, to extend maintenance and support on the 3212 Processor Computer System hardware, the Microthree Processor Computer System hardware, and the Standard System Software for the Traffic Management System. AS. 123: Approving a Pole and Conduit License Agreement with Pacific Bell, which permits the use of Pacific Bell space on the City's utility poles (throughout the City) by the Traffic Engineering Division, and authorizing the City Manager to execute said License Agreement. A9. 123: Approving Addendum No. 7 to the agreement with Hellmuth, Obata & Kassabaum, Inc., (HOK), in the amount of $6,160; and approving Addendum No. 8 to the agreement with HOK, in the amount of $13,500 for design of the Anaheim Arena. Council Member Pickler voted no on this item. Al0. 113: RESOLUTION NO. 91R-327: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENTS TO THE CONFLICT OF INTEREST CODE FOR THE CITY OF ANAHEIM (effective January 1, 1992). All. 175: Approving the proposal from Robert Bein, William Frost & Associates, for a fee not to exceed $24,100 to provide consulting engineering services for the Lenain Filtration Plant Process Upgrading Report review. Al2. 153: Authorizing the Human Resources Director to execute agreements for the acquisition of labor and services for temporary personnel relief. Al3. 153: RESOLUTION NO. 91R-328: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION (to create additional classifications of helicopter pilots). Al4. 123: Approving a Second Amendment to Agreement with Safety Management Consultants, at $325 per day, with a not-to-exceed annual cost of $75,075 for professional safety management services. Al5. 158: RESOLUTION NO. 91R-329: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN OFFER OF DEDICATION OF PROPERTY ALONG THE NORTH AND WEST SIDES OF 7585 MARTELLA LANE, FROM MR. & MRS. DON STOLO, FOR A RIDING AND HIKING TRAIL EASEMENT. Al6. 106: Approving the use of Council Contingency Funds, in the amount of $15,504 to sustain the operation of the Feedback Foundation, TLC program. 815 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. 123: Approving an Agreement with Feedback Foundation, Inc., dba: Project TLC, to provide nutritional and social services to senior citizens at designated sites in the community. Al7. 108: ORDINANCE NO. 5280 - (INTRODUCTION}: AMENDING SECTION 2.12.010 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX BY 2 PERCENT; .06 PERCENT TO BE EFFECTIVE FEBRUARY 1, 1992; AND 1.4 PERCENT TO BE EFFECTIVE DECEMBER 1, 1993. A18. 124: (i) Certifying that the City Council has reviewed and considered the information contained in Final Supplemental EIR No. 310 (A Supplement to Final EIR No. 284), (ii) adopting by reference those certain findings concerning the significant environmental effects of the Convention Center Betterment IV Expansion Project, including the Statement of Overriding Considerations and findings relating thereto, as set forth in Community Center Authority Resolution No. CCA-159, and (iii) adopting the Mitigation Monitoring Program, including all mitigation monitoring measures to be performed by the City of Anaheim, as set forth in Attachment A of said Resolution No. CCA-159. City Manager Ruth stated that staff is recommending one week continuance on this item. It will again be submitted to the Council on the December 17, 1991 agenda. RESOLUTION NO. 91R-330: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT, AND OFFICIAL NOTICE OF SALE AND AN OFFICIAL BID FORM, IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Roll Call Vote on Resolution Nos. 91R-327 through 91R-330: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None The Mayor declared Resolution Nos. 91R-327 through 91R-330, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 18t 1991t INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 10, 1991: B1. 179: VARIANCE NO. 4150 AND NEGATIVE DECLARATION, TENTATIVE PARCEL MAP NO. 90-349: OWNER: WILLIAM N. KINCANNON AND PATRICIA KINCANNON, 2022 Heliotrope Drive, Santa Ana, CA 92706. AGENT: ANACAL ENGINEERING CO., ATTN: Dennis Poncid and N. Scott Jewitt, 1900 E. La Palma Ave., Ste. 20, Anaheim, CA 92705. 816 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. LOCATION: 346 Peralta Hills Drive. Property is approximately 1.89 acres located on the west side of Peralta Hills Drive and approximately 480 feet south of the centerline of Santa Ana Canyon Road. Waiver of minimum lot area to establish a 2-lot, RS-HS-43,000 (SC) single family subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4150 GRANTED (PC91-185) (5 yes votes, 1 no vote, and 1 absent). Tentative Parcel Map No. 90-349 (Rev. No. 1) APPROVED (appeal period expired 12/2/91). Approved Negative Declaration. B2. 134: GENERAL PLAN AMENDMENT NO. 322, RECLASSIFICATION NO. 91-92-06, WAIVER OF CODE REQUIREMENTt CONDITIONAL USE PERMIT NO. 3461r TENTATIVE TRACT MAP NO. 14575 AND NEGATIVE DECLARATION: OWNER: LUNDAR AND ELIZABETH YUH, 4400 MacArthur Blvd. ~900, Newport Beach, CA 92660. AGENT: NEWPORT PACIFIC DEVELOPMENT, 4400 MacArthur Blvd. ~900, Newport Beach, CA 92660. LOCATION: 3253 West Ball Road. Property is approximately 0.48 acres located on the north side of Ball Road and approximately 350 feet east of the centerline of Oakhaven Drive. Petitioner requests an amendment to the Land Use Element of the General Plan redesignating the property from the existing Low Density Residential designation to the Low-Medium Density Residential designation. For a change in zone from the RS-A-43,000 (Residential-Agriculture) zone to the RM-2400 (Residential, Multiple-Family) zone, or a less intense zone. To establish a 1-lot, 9-unit, 'affordable', RM-2400 condominium subdivision with waiver of minimum site area per dwelling unit, maximum structural height and minimum front yard setback. ACTION TAKEN BY THE PLANNING COMMISSION: GPA NO. 322 GRANTED (PC91-186) (5 yes votes, 1 abstained, and 1 absent). Reclassification No. 91-92-06 GRANTED (PC91-187). CUP NO. 3461 GRANTED (PC91-188). Waiver of code requirement APPROVED. Tentative Tract Map No. 14575 APPROVED (appeal period expired 12/2/91). The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B3. 179: VARIANCE NO. 4156, CONDITIONAL USE PERMIT NO. 3253 - REQUEST FOR APPROVAL OF INTEGRATED SIGN PROGRAM CATEGORICALLY EXEMPT, CLASS 11: OWNERS: CENTER PARK INVESTMENTS N.V., 333 City Boulevard West, ~501, Orange, CA 92668. AGENT: DeBEIKES INVESTMENT CO., 2300 Michelson Drive, ~200, Irvine, CA 92715. LOCATION: 1521 North Imperial Highway. Property is approximately 4.4 acres located north and west of the northwest corner of La Palma 817 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. Avenue and Imperial Highway. Waiver of A) permitted shopping center identification signs, and B) maximum number of wall signs to construct two, 76 square-foot monument signs and five wall signs in conjunction with a previously approved commercial retail center. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4156 GRANTED, IN PART, (PC91-189) eliminate waiver A; waiver B amended to two signs only (6 yes votes, i absent). APPROVED request for approval of integrated sign program - CUP NO. 3253. B4. 179: CONDITIONAL USE PERMIT NO. 3472, CATEGORICALLY EXEMPT, CLASS 11: OWNER: SAVI RANCH ASSOCIATES, 450 NEWPORT CENTER DRIVE, ~304, NEWPORT BEACH, CA 92660 LOCATION: SAVI RANCH BUSINESS PARK. Property is approximately 50.1 acres, located north of the Riverside (91) Freeway and west of Weir Canyon Road. To permit four off-site traffic circulation signs. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3472 GRANTED, for two years, to expire 11/18/93 (PC91-190) (6 yes votes, and 1 absent). B5. 179: CONDITIONAL USE PERMIT NO. 3469 AND NEGATIVE DECLARATION: OWNERS: WILLIAM A. COUCH, P.O. Box 3101, Newport Beach, CA 92663. AGENT: K.F.F. MANAGEMENT, INC., 3280 CAHUENGA BLVD., LOS ANGELES, CA 90068. LOCATION: 2144 South Harbor Boulevard. Property is approximately 0.55 acre located on the east side of Harbor Boulevard and approximately 500 feet south of the centerline of Orangewood Avenue. To permit a drive-through lane addition to an existing fast food restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3469 GRANTED (PC91-191) (6 yes votes, and 1 absent). Approved Negative Declaration. End of the Planning Commission Items. B6/B7/B8. 179: ORDINANCE NOS. 5275 THROUGH 5277, BOTH INCLUSIVE, FOR ADOPTION: WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5275 through 5277, both inclusive, for adoption.) Council Member Hunter moved to waive the reading in full of the ordinances. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Ordinance No. 5275 for adoption, amending Title 18 to rezone property under Reclassification No. 89-90-34, located at 625 N. Valley Street (Brookhollow Apartments) from the RS-A-43,000 zone to the RM-1200 zone; Ordinance No. 5276 for adoption, amending Title 18 to rezone property under Reclassification No. 91-92-04, located at 155 S. Adams Street, from the RS-A-43,000 zone to the ML zone and Ordinance No. 5277 for adoption, amending 818 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. Title 18 to rezone property under Reclassification No. 90-91-30, located at 711 E. Sycamore Street, from the RS-A-43,000 zone to the ML zone. Refer to Ordinance Book. ORDINANCE NO. 5275: 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. 89-90-34, located at 625 N. Valley Street (Brookhollow Apartments) from the RS-A-43,000 zone to the RM-1200 zone. ORDINANCE NO. 5276: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 91-92-04, located at 155 S. Adams Street, from the RS-A-43,000 zone to the ML zone. ORDINANCE NO. 5277: 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. 90-91-30, located at 711 E. Sycamore Street, from the RS-A-43,000 zone to the ML zone. (Introduced at the meeting of December 3, 1991, Item Bll.) Roll Call Vote on Ordinance Nos. 5275 through 5277, both inclusive, for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None The Mayor declared Ordinance Nos. 5275 through 5277, both inclusive, duly passed and adopted. B9. 179: AMENDING SPECIFIC PLAN NO. 88-3 - PACIFICENTER ANAHEIM (FORMERLY SANTA FE PACIFIC PLAZA): WAIVER OF READING - RESOLUTION/ORDINANCE: The titles of the following resolution and ordinance were read by the City Manager. (Resolution No. 91R-331 and Ordinance No. 5278) Council Member Hunter moved to waive the reading in full of the resolution and ordinance. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-331 for adoption, amending Specific Plan No. 88-3 for Pacificenter Anaheim (formerly Santa Fe Pacific Plaza) and amending Resolutions No. 89R-59 and 89R-60 accordingly. Refer to Resolution Book. RESOLUTION NO. 91R-331: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SPECIFIC PLAN NO. 88-3 FOR PACIFICENTER ANAHEIM (FORMERLY SANTA FE PACIFIC PLAZA) AND AMENDING RESOLUTIONS NO. 89R-59 AND 89R-60 ACCORDINGLY. 819 City Hall, Anaheimt California - COUNCIL MINUTES - DECEMBER 10t 1991~ 5:00 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None The Mayor declared Resolution No. 91R-331 duly passed and adopted. ORDINANCE NO. 5278 - (ADOPTION): Amending Sections 18.73.030, 18.73.020.100, and 18.73.110 of Chapter 18.73 of Title 18 of the Anaheim Municipal Code relating to Specific plan 88-3 and amending Ordinances No. 5045, 5046 and 5207 accordingly (Pacificenter Anaheim, formerly Santa Fe Pacific Plaza). Council Member Hunter offered Ordinance No. 5278 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5278= AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.73.010, 18.73.020-100 AND 18.73.110 OF CHAPTER 18.73 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN 88-3 AND AMENDING ORDINANCES NO. 5045, 5046 AND 5207 ACCORDINGLY (PACIFICENTER ANAHEIM, FORMERLY SANTA FE PACIFIC PLAZA). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None The Mayor declared Ordinance No. 5278 duly passed and adopted. B10. 155: AMENDING SPECIFIC PLAN NO. 87-1 - THE HIGHLANDS AT ANAHEIM HILLS: WAIVER OF READING - RESOLUTION/ORDINANCE: The titles of the following resolution and ordinance were read by the City Manager. (Resolution No. 91R-332 and Ordinance No. 5279.) Council Member Pickler moved to waive the reading in full of the resolutions and ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-~32 for adoption, amending Specific Plan No. 87-1 for the Highlands at Anaheim Hills and amending Resolution No. 87R-253 accordingly. Refer to Resolution Book. RESOLUTION NO. 91R-332: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SPECIFIC PLAN NO. 87-1 FOR THE HIGHLANDS AT ANAHEIM HILLS AND AMENDING RESOLUTION NO. 87R-253 ACCORDINGLY Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None 820 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. The Mayor declared Resolution No. 91R-332 duly passed and adopted. ORDINANCE NO. 5279 - (ADOPTION): Amending Section 18.70.030 of the Anaheim Municipal Code relating to Specific Plan 87-1 zoning (The Highlands at Anaheim Hills). Council Member Pickler offered Ordinance No. 5279 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5279: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 18.70.030 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN 87-1 ZONING (THE HIGHLANDS AT ANAHEIM HILLS). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None The Mayor declared Ordinance No. 5279 duly passed and adopted. ITEM Bll FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 27, 1991 - DECISION DATE: DECEMBER 5~ 1991~ INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 16~ 1991: Bll. 179: ARCADE PERMIT NO. 1011 - LUCKY JOHN'S ANAHEIM: REQUESTED BY: J.H. JOHNSON, 21081 Red Jacket Cir., Huntington Beach, CA 92646. LOCATION: 3478 E. Orangethorpe Avenue (Lake Center Shopping Center) To permit 15 amusement devices. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Arcade permit No. 1011 APPROVED (ZA91-55). Submitted was decision of the Zoning Administrator - ZA91-55 dated December 5, 1991 approving Amusement Arcade Permit No. 1011. This item was then deferred until later in the meeting in order to have file information available for discussion. Later in the meeting (6:25 p.m.), Annika Santalahti, Zoning Administrator confirmed for Council Member Daly that the location is a strip commercial center and Lucky Johns is one of the tenants within the building of approximately 10 tenants (later confirmed to be 20 tenants). Notices were sent to the businesses in the center as well as to residents. It is a recently approved use permit for J & L Sports Bar and Grill. There were two opposition communications made from the residential area - Mr. Handy at 206 Salk Way and Mrs. Chef, 1139 Curie Lane but significantly less than the number of notices that were sent out. In the CUP application, the business was identified as J & L Sports Bar and Grill and Lucky Johns is the name they used for this particular application. The applicant's name is the same as for the CUP. Council Member Daly. He is going to ask for a hearing relative to this permit, his rationale being he feels there should be a time element placed on the 821 City Hall~ Anaheim, California - COUNCIL MINUTES - DECEMBER 10~ 1991~ 5=00 P.M. permit. Council Member Pickler concurred in setting a hearing as well as being the general Council consensus. Council Member Pickler. He feels that relative to requests for arcade permits, that a number of people do complain/oppose. The Council in adopting the present ordinance has provided that there be 50% in opposition in order to deny an application and he feels that is too much. These type of operations in small strip centers next to residential are not a complement to the area. He would like to see the Council consider lowering the percentage from 50% to perhaps one-third. City Attorney White. It would take an amendment to the current ordinance which was adopted in a way that took away the discretion of the Zoning Administrator. It merely provides if less than 50% protest, the permit shall be approved. If more than 50%, it shall be denied and then leaves appeal rights to the City Council. It could be converted from a non-discretionary to a discretionary permit or the percentage could be changed, or probably a variety of other things that can be done. One possibility is making a lower percentage as a threshold so that if less than 25% protest, then the permit is automatically granted but if more than 25% but less than 50% or 60%, then it would be discretionary. If more than 60%, it would be automatically denied. Council Member Daly. He suggested that the City Attorney submit a recommendation to the Council for consideration. By general Council consensus, the City Attorney was directed to submit a draft ordinance for Council consideration. City Attorney White stated that he would work with the Planning Department and submit a recommendation to the Council. Relative to the subject request, Arcade Permit No. 1011 was set for a public hearing to be held at a later date. 105/102: APPOINTMENTS TO THE MOTHER COLONY HOUSE ADVISORY BOARD AND ORANGE COUNTY VECTOR CONTROL: Council Member Daly, noted that there were two appointments to be made, one to the Mother Colony House Advisory Board and the other to the Orange County Vector Control District; City Clerk Sohl asked if the Council wished to have additional names submitted. The Council agreed that the appointments should appear on the next agenda without soliciting additional names at this time. ITEMS OF PUBLIC INTEREST: Jeff Kirsch, 2661 W. Palais Road, Anaheim. He referred to a closed session item on last weeks closed session agenda which was to meet with the City's designated negotiator concerning possible acquisition or sale of certain real property in the vicinity of 1313 S. Harbor Blvd., owned by Walt Disney Company. City Attorney White. He is certain Mr. Kirsch and most other people know the City has for several months been in negotiations with the Disney Company. The City's chief negotiator is Deputy City Manager Tom Wood and the purpose of the closed session was to give directions to the City's negotiator concerning its 822 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. negotiations as they reflect real property in the vicinity of Disneyland. It does not necessarily mean the City is acquiring property for the project but also the possible disposition of City owned property in the area relating to that project. The reason for holding those discussions in closed session is they relate to negotiating strategies and perimeters that would not be in the public interest to discuss in a public session. That is the extent of the detail that can be given at this time. Victoria Gonzalez, 422 S. Vine Street. She relayed an incident relative to parking tickets that were issued when she and her family and others were attending services for her brother's funeral at the mortuary on the corner of Broadway and Anaheim Blvd. It seems that the curb was painted red but when she went another day to recheck to be sure the curb was red, it had been repainted grey. She is concerned and wants the matter resolved. Mayor Hunter. He asked the City Manager to speak with Mrs. Gonzalez and confirmed that the curb had been painted red for an interim period of time. Yuriko Okubo, 3244 W. Deerwood. She spoke relative to Item B2 on today's agenda which has been appealed to be set for a public hearing. Mayor Hunter explained that the public hearing to be held will be conducted at a later date and that is when Mrs. Okubo can address the issue. She will be notified of the specific date. D1. 179: PUBLIC HEARING - AMENDMENT TO CONDITION NO. 2 OF RESOLUTION NO. 91R-135, VARIANCE NO. 4111 AND NEGATIVE DECLARATION: REQUESTED BY: DAVID F. LARSON, REAL ESTATE INVESTMENT BROKERAGE, 2907 Baker Street, Costa Mesa, CA 92626. LOCATION/REQUEST: The property is located at 1668 South Nutwood Street - Nutwood Park Apartments. The petitioner requests Amendment to Condition No. 2 of Resolution No. 91R-135 (Variance No. 4111). VARIANCE NO. 4111 is for waiver of minimum structural setback, minimum number of parking spaces, minimum floor area per dwelling unit, to retain two illegally constructed apartment units. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - November 27, 1991 Mailing to property owners within 300 feet - November 26, 1991 PLANNING STAFF INPUT: See Staff Report dated November 27, 1991 from the Zoning Administrator, Annika Santalahti recommending that Resolution No. 91R-135 be amended as outlined in the report. 823 City Hallu Anaheimu California - COUNCIL MINUTES - DECEMBER 10, 1991~ 5:00 P.M. APPLICANT'S STATEMENT: Don Schalk, PRS Group, 27132 Paseo Espada, San Juan Capistrano representing David F. Larson, Nutwood Park Apartments. They have been working with staff for some time in order to get this matter resolved. It appears reasonable the intent of the resolution was to make the agreement for 2 units to be dedicated to affordable housing and to make it binding for 30 years. He understands it runs with the land and they agree with that. However, the way the condition was written it does not protect the City or the affordability of those apartments in the event of a foreclosure since the existing lien holder cannot be subrogated to this agreement. This seems like the best way to accomplish it and they fully agree with staff. Joel Fick, Planning Director. The technical wording of the original condition required that an unsubordinated covenant be recorded against the property to protect the affordability of the 2 units that were illegally constructed. There has been difficulty on the applicants part in getting that type of convenant recorded. He has met with staff and staff is in agreement that this is an alternate way to accomplish the same goal. It works for staff and the applicant and it has been reviewed by the City Attorney's Office. City Attorney White. The reason they require a convenant to be unsubordinated, the agreement reached in the recorded convenant is not effective to any lien holders that are recorded prior in time to the recordation of that convenant in the event there is a foreclosure by those lien holders. The compromise reached in this case is, since the property owner is unable to get the existing prior lien holders to agree to subordinate the liens to this convenant, the convenant will contain additional language that provides in the event there is a foreclosure, those 2 units constructed without the benefit of a permit will be removed. It would not be in the best interest of the lien holder to foreclose without agreeing to affordability and that is the handle the City has. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak either in favor or in opposition; there being no response he closed the public hearing. Council Member Daly. He will be voting no since he voted no when the matter came to the Council at a public hearing about six months ago. 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. 824 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-333) 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-333 for adoption, granting Variance No. 4111. Refer to Resolution Book. RESOLUTION NO. 91R-333: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE NO. 4111 AND AMENDING RESOLUTION NO. 91R-135. Roll Call Vote: AYES: NOES ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter Daly None The Mayor declared Resolution No. 91R-333 duly passed and adopted. D2. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3466 AND NEGATIVE DECLARATION: OWNER: MAX WILLS, 3838 San Pablo Drive, Fullerton, CA 92635 LOCATION/REQUEST: The property is located at 1204 West Center Street and is approximately 0.38 acres located at the southwest corner of Center Street and Walnut Street. The request is to permit a 2-story, 13 unit, senior citizen's apartment complex. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3466 GRANTED (PC91-179) (4 yes votes, 2 no votes, and 1 absent). Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Pickler and Daly at the meeting of November 19, 1991 and public hearing set this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - November 27, 1991 Mailing to property owners within 300 feet - Noven%ber 26, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 4, 1991. APPLICANT'S STATEMENT: Mr. Max Wills, 3838 San Pablo Drive, Fullerton, owner and developer. He is planning to build 13 units for senior citizen apartments. The project has been approved by the Planning Commission. He was not able to prepare for the hearing because he did not know the reason or the purpose for the review. 825 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. Council Member Pickler. The reason he requested a review, every time there is a request to add additional units to an area, they are called senior citizen apartments. The request is to build 13 units in a commercial zone. Going west two blocks, all the way east and across the street is commercial. If they are going to change the zoning, it will inundate the area just as it did at Magnolia and La Palma and Lincoln. He does not feel it is wise to make the change. The freeway widening will be almost next to the property when it is completed. Others will request the same next door or across the street. He is concerned it will get out of hand. He does not feel the area wants that many units. Even though the units are for senior citizens 62 and over, they still drive, work, etc. There needs to be a lid placed on such developments. Mayor Hunter. He disagrees. Looking at the area of Cherry Street and further south, the whole area is RM1200 and RM2400 - the triangular parcel that abuts the freeway is RM2400 and commercial is on the other side of the street from the proposed project. Council Member Pickler. As far as he is concerned, it is spot zoning and he has concerns with the project. Council Member Daly. There is some RM1200 in the vicinity as well as single-family homes and RM2400. He believes the area is going to change in the next few years. He feels the density as proposed is not appropriate for the immediate neighbors. There are single-family homes on the same street. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak either in favor or in opposition; there being no response he closed the public hearing. Max Wills. He stated that there was no opposition at the Planning Commission hearing. Council Member Pickler. Two Planning Commissioners were opposed. He can understand why the neighbors were not opposed. If he could put 13 units next door, he would be happy to do that as well. It is inundating the area especially with the freeway system which will end up close to the property. He feels the area was kept commercial because in the future Center Street and Lincoln Avenue will become one street when widened. This is not the place for a 13-unit apartment. Council Member Daly. There is a beautiful old tree on the property that he believes will be lost as part of the expansion; Mr. Wills stated there are two trees on the property that are pretty messy and he has had nothing but complaints by tenants as well as neighbors to the west. Council Member Daly. It is projects like this one that make him want to extend the public hearing noticing. There are single-family homes a block away that were not notified. 826 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 10, 1991, 5:00 P.M. Mayor Hunter. He again disagreed. There were a whole group of people who came to a public hearing some time ago from Center Street when someone else proposed a development and they requested that their property remain as is, C-G. This property is within 300 feet of the homeowners across the street. They were notified. Council Member Pickler. He has no problem keeping the property in the C-G zone because that is where it belongs; Mayor Hunter. He does not believe that to be the case. At one time, he lived in the apartments to the west of the proposed project and it is not C-G. 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-334) 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-334 for adoption, granting Conditional Use Permit No. 3466 subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 91R-334: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3466. 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-334 duly passed and adopted. ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Pickler seconded the motion. MOTION CARRIED. (6:38 p.m.) LEONORA N. SOHL, CITY CLERK 827