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1990/01/09Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY Adjourned Regular meeting of December 15, 1989, 5:30 p.m. (January 9, 1990) Joint Public Hearing - Anaheim Redevelopment Agency/City Council The Adjourned Regular Meeting of December 15, 1989 was adjourned to an Adjourned Regular Meeting on December 21, 1989 and adjourned to today's meeting at 2:00 p.m. for a Joint Public Hearing between the Redevelopment Agency and City Council. PRESENT: COUNCIL/AGENCY MEMBERS: Daly (entered at 2:31), Ehrle, Kaywood, Pickler, Hunter. ABSENT: COUNCIL/AGENCY MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK/SECRETARY: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Sttpkovich RECESS TO CLOSED SESSION to confer with its Attorney regarding real estate negotiations pursuant to Government Code Section 5496.8. City Clerk Sohl announced that no closed session is to be held at this time as clarified by the City Attorney. City Attorney Jack White. It would be in order for the Chairman/Mayor to reconvene the Adjourned Regular Meeting of the Anaheim Redevelopment Agency of December 15, 1989, previously adjourned to December 21, 1989 and at that time adjourned to today's date at this hour together with reconvening the Anaheim City Council meeting from December 15, 1989 which was also previously adjourned to December 21, 1989 and subsequently adjourned to this date and time. The purpose is for a combined joint public hearing between the Agency and the City Council to consider the Disposition and Development Agreement with Koll Anaheim Center Associates in connection with development of parcels bounded by Lincoln Avenue, Clementine Street, Oak Street, Anaheim Boulevard, Broadway and Harbor Boulevard as well as related actions. Chairman/Mayor Hunter reconvened the meetings of the Anaheim Redevelopment agency and City Council. Lisa Sttpkovich, Director of Community Development. It is her pleasure today to present to the Agency/Council for consideration and approval the Disposition and Development Agreement with Koll Anaheim Center A~ociate~ along with other related documentation - the Option Agreements with Pacific Bell and a Cooperation Agreement with the City of Anaheim as well as approval of concept drawings for Phase I of the development. The documents culminate six months of negotiations with Koll Company, Pacific Bell and the City. It represents one of the most significant commercial developments in the history of Project Alpha. It will be completed in three phases, the first commencing in 1990. This will include the Pacific Bell project and the City Utilities Building which total over 400,000 square feet of office development, two restaurants and two additional parking structures along with support retail. The total 22 164 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY Adjourned Regular meeting of December 15, 1989, 5:30 p.m. (January 9, 1990) project, called Anaheim Center, represents 1.2 million square feet of development. The proposed development complements the Agency's Master Plan for downtown and is consistent with the Redevelopment Plan and EIR prepared for the project area and the site. Mrs. Sttpkovich then briefed/summarized the documents the Agency/Council was being asked to approve today consisting of the Disposition and Development Agreement, a Cooperation Agreement between the Agency and the City, the Pre-Development Construction Management Agreement between the Agency and the Koll Construction Company, the Purchase and Sale Agreement to be entered into between Koll Company and Pacific Bell (not on the Agency/Council Agenda today), the parking easement agreement in favor of Pacific Bell and the option agreement with Pacific Bell for them to purchase an expansion site. These are all in consideration of Pacific Bell purchasing the original office development from the Koll Company and the master lease and option agreement with Koll. Additionally, there will be covenants, conditions and restrictions placed on the entire site which every owner in the site will participate in, and the Koll Management Company will be hired as operator. (Also see - Summary of Agreements for the Disposition and Development of Parcels 8, 9 and 10, pages 1-15 of the Bond Document prepared and titled "Anaheim Center - the Koll Company, which contained Staff report, resolutions of the City Council and the Redevelopment Agency, summary report , basic concept drawings, initial study and all related material pertaining to the Disposition and Development Agreement - made a part of the record). After briefing Phases I and II, Mrs. Stipkovich concluded by recommending that the Agency/Council approve the actions proposed today. She added that the complicated negotiations could never have happened in such a short time frame if not for the dedication and professionalism of all the parties involved - the Koll Company, Koll Construction Company, Pacific Bell, the City's Utilities Department, Public Works Department, City Attorney's Office, Redevelopment Staff, the Architect, Consultant and all the Legal Counsel involved. She then introduced Mr. Dick Ortwetn, Division President for Southern California for the Koll Company. Before proceeding, Mayor Hunter stated that Lisa Stipkovtch must be included in the list of people who made this day possible. Dick Ortwein, Division President for Southern California for the Koll Company. The process started over a year ago. The project is unique. It is probably one of the most comprehensive efforts working with a major corporation, a very sophisticated City and Staff and from Koll's standpoint, there was a lot of time and 23 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY Adjourned Regular meeting of December 15, 1989, 5:30 p.m. (January 9, 1990) effort spent by many people. He feels a project of this magnitude would probably have taken two, three and four years in almost any other area. He thanked Staff and Agency/Council for all their efforts and all members of Pacific Bell for putting together what they consider an extremely exciting opportunity which will be a credit to the City and to Koll as the Developer and an outstanding home for Pacific Bell and other subsequent users. It could not have been put together without their efforts Steve Layton, Vice President, Koll Company. Mr. Layton first briefed the site plan posted on the Chamber wall. He also referred to the renderings of the project displayed in the Council Chamber. Phase I parcels will contain the Pacific Bell Office Building of 200,000 square feet. Construction will be started mid to later 1990. Along with the Pacific Bell Building will be a restaurant of approximately 8,000 square feet and an 800 car parking structure with frontage retail, mainly support retail for the entire site. It will also contain the City of Anaheim Utilities Office Building of 200,000 square feet adjacent to which will be a 650 car parking structure with another restaurant flanking it and frontage retail. Project completion of Phase I is 1992. Phase II would contain another 200,000 square foot building, another approximate 600 car parking structure and 30,000 square foot multi-cinema complex with more frontage retail. Phase II will come on line as they talk to future office tenants for the office building. Phase III to the west side of the project would include an office tower of 200,000 square feet, a 200 room hotel and a parking structure that would serve both facilities in the center. Also included is an option parcel for Pacific Bell to expand another 100,000 square feet. Also shown is another restaurant and more frontage retail. Mr. Layton then introduced Bobby Oto from McClaren, Vasquez and Partner, Architect and Master Planner, to brief the Utility Office Building and the Pacific Bell Building. Bobby Oto, McClaren and Vasquez. They are attempting to link what the Redevelopment Agency is doing to the east along Center Street and to the west from the corner of Harbor and Lincoln all the way down to the 5 Freeway. He explained how architecturally they are trying to create an image of the building along the street that would tie the existing City Hall to the existing Meyer Building and they are doing that with the Phase I City Annex Building which he explained further. He also briefed the architectural treatment that will be used. 161 24 167-, Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY Adjourned Regular meeting of December 15, 1989, 5:30 p.m. (January 9, 1990) Chairman/Mayor Hunter opened the public hearing and asked to hear from anyone who would like to speak to the proposed Disposition and Development Agreement and related actions. Julte Mayer, 1531 West Harriet Lane, Chairperson for Art in Public Places for the Anaheim Arts Council. As previously indicated before the Redevelopment Commission, they are very supportive of the proposed development and the inclusions of their element in the development. They are requesting that the City's Art in Public Places Committee be involved in the selection of the Art elements for the project. Gary Field, 120 East Broadway, Hilgenfeld Mortuary. He is speaking in favor of the project. He is awe struck by it and it will be a plus for downtow~ Anaheim. He is particularly impressed with the balance of services food, lodging, parking, recreation . It will be a tremendous boon to the City. Agency/Councilman Daly entered the Council Chamber (2:31 p.m.). COUNCIL ACTION; There being no further persons who wished to speak, Mayor Hunter closed the public hearing. WAIVER OF READING - RESOLUTION: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-13 through 90R-15, both inclusive.) MOTION: Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 90R-13 for adoption, an Initial Study and making certain environmental findings with respect to the proposed Disposition and Development Agreement between the Anaheim Redevelopment Agency and Koll Anaheim Center Associates, a California Limited Partnership, the Option Agreement between the Agency and Pacific Bell Corporation, Declaration establishing easements by the Agency, the Cooperation Agreement between the City of Anaheim and the Agency. Refer to Resolution Book. RESOLUTION NO, 90R-13; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA~£IM C~RTIFYINC AN INITIAL STUDY AND MAKINC CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO TME PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY (THE "AGENCY") AND KOLL ANAHEIM CENTER ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, THE OPTION AGREEMENT BETWEEN THE AGENCY AND PACIFIC BELL, A DECLARATION ESTABLISHING EASEMENTS BY THE AGENCY, AND COOPERATION AGREEMENT BETWEEN CITY OF ANAHEIM AND THE AGENCY. Roll Call Vote; AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None 25 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY Adjourned Regular meeting of December 15, 1989, 5:30 p.m. (January 9, 1990) Mayor Hunter declared Resolution NO. 90R-13 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 90R-14 for adoption approving the sale of certain real property in the Alpha Redevelopment Project Area to Koll Anaheim Center Associates, a California Limited Partnership, and making certain findings with respect to such sale; approving a Disposition and Development Agreement and related documents pertaining thereto, approving an option agreement between the Agency and Pacific Bell, a California Corporation; approving a declaration establishing easements in favor of Pacific Bell by the Agency and approving a cooperation agreement between the City of Anaheim and the Agency. Refer to Resolution Book. RESOLUTION NO, 90R-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SALE OF CERTAIN REAL PROPERTY IN THE ALPHA REDEVELOPMENT PROJECT AREA TO KOLL ANAHEIM CENTER ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH SALE: APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS PERTAINING THERETO: APPROVING AN OPTION AGREEMENT BETWEEN THE AGENCY AND PACIFIC BELL, A CALIFORNIA CORPORATION: APPROVING A DECLARATION ESTABLISHING EASEMENTS IN FAVOR OF PACIFIC BELL BY THE AGENCY, AND APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE AGENCY. Roll CAll Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None Mayor Hunter declared Resolution NO. 90R-14 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 90R-15 for adoption authorizing expenditures with respect to the City's Utility Building to be reimbursed from future long-term financings. Refer to Resolution Book. RESOLUTION NO, 90R-15; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING EXPENDITURES WITH RESPECT TO THE CITY"S UTILITY BUILDING TO BE REIMBURSED FROM FUTURE LONG-TERM FINANCING. Roll Call Vote: AYEE: NOES: ABSENT: COUNCIL MEMBRR~: Daly, Ehrle, Maywood, Pickler and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None Agency Member Hunter offered Resolution No. ARAg0-1 for adoption certifying an Initial Study and making certain environmental findings with respect to the proposed Disposition and Development Agreement with Koll Anaheim Center Associates, A California Limited Partnership, the Option Agreement between the Agency and Pacific Bell, Declaration establishing easements by the Agency, the Cooperation Agreement between the City of Anaheim and the Agency. Refer to Resolution Book. 159 26 160 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY Adjourned Regular meeting of December 15, 1989, 5:30 p.m. (January 9, 1990) RESOLUTION NQ, ARA90-1; A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING AN INITIAL STUDY AND MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY (THE "AGENCY") AND KOLL ANAHEIM CENTER ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, THE OPTION AGREEMENT BETWEEN THE AGENCY AND PACIFIC BELL, A DECLARATION ESTABLISHING EASEMENTS BY THE AGENCY, AND COOPERATION AGREEMENT BETWEEN CITY OF ANAHEIM AND THE AGENCY. Roll Call Vote: AYES NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None Chairman Hunter declared Resolution No. ARA90-1 duly passed and adopted. Agency Member Hunter offered Resolution No. ARA90-2 for adoption, approving the sale of certain real property in the Alpha Redevelopment Project Area to Koll Anaheim Center Associates, and making certain findings with respect to such sale; approving the Disposition and Development Agreement and related documents pertaining thereto, approving an option agreement between the Agency and Pacific Bell, approving a declaration establishing easements in favor of Pacific Bell by the Agency and approving a cooperation agreement between the City of Anaheim and the Agency. Refer to Resolution Book. RESOLUTION NO, ARA90-2: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE SALE OF CERTAIN REAL PROPERTY IN THE ALPHA REDEVELOPMENT PROJECT AREA TO KOLL ANAHEIM CENTER ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH SALE; APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS PERTAINING THERETO; APPROVING AN OPTION AGREEMENT BETWEEN THE AGENCY AND PACIFIC BELL, A CALIFORNIA CORPORATION: APPROVING A DECLARATION ESTABLISHING EASEMENTS IN FAVOR OF PACIFIC BELL BY THE AGENCY, AND APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE AGENCY. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None Chairman Hunter declared Resolution No. ARA90-2 duly passed and adopted. MOTION; Agency Member Hunter moved to approve the Basic Concept drawings for Phase I of the subject project. Agency Member Pickler seconded the motion. MOTION CARRIED. Agency/Council Members all expressed how pleased they were that the development of the subject parcels are finally coming to fruition with a proposal as exciting as the one presented to them today. They thanked everyone involved with the project and especially Staff for their efforts and 27 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY Adjourned Regular meeting of December 15, 1989, 5:30 p.m. (January 9, 1990) dedication in bringing the project before the Agency/Council today as well as the principals of Koll Company and Pacific Bell. It is a great step forward for the City. Mayor Hunter. One person left out who was responsible for the policy of putting together the Koll Company and the people from Pacific Bell to sit down and start talking about this project - City Manager Bob Simpson, who met first with Koll and then with Pacific Bell and from that, a year later they are now seeing the consummation of the City Manager setting the policy to bring together one of the finest projects Anaheim has seen. ADJOURNMENT; REDEVELOPMENT AGENCY; Agency Member Kaywood moved to adjourn the Redevelopment Agency adjourned regular meeting of December 15, 1989 (1/9/90). Agency Member Pickler seconded the motion. MOTION CARRIED. (2:40 p.m.) ADJOURNMENT: CITY COUNCIL: Councilwoman Kaywood moved to adjourn the adjourned regular meeting of the December 15, 1989 (1/9/90). Councilman Pickler seconded the motion. MOTION CARRIED. (2:40 p.m.) 165 LEONORA N. SOHL, SECRETARY/CITY CLERK 28 99 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel H. Ftck ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER: Paul Singer ASSISTANT PLANNER: Jonathan Borrego A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:30 p.m. on January 5, 1990 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 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. Union de Comerclantes Lattnos del sur de California et al v. City of Anaheim, Orange County Superior Court Case No. 51-69-54. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code section 54957.67. c. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). d. 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. ~ Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:58 p.m.) INVOGATION: Father John Lenihan, St. Boniface Catholic Church, gave the invocation. FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 29 100 City Hall, Anaheim. California - COUNCIL MINUTES January 9, 1990, 5:30 P.M. 119. PROCLAMATION : The Year of the Oak, 1990. Chris Jarvt, Director of Parks, Recreation and Community Services accepted the Proclamation. 119. DECLARATION OF CONGRATULATIONS; A Declaration of Congratulations was unanimously adopted/ratified by the City Council congratulating Mrs. Sharon Buck, President/Producer of H. Werner Buck Enterprises, on the 25th Anniversary of the Annual Anaheim Sports, Vacation and RV Show at the Anaheim Convention Center. 119. DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing Dtsneyland's 35th Anniversary and Rededicatton Celebration, January 11, 1990, the day the Declaration will be presented to Dtsneyland. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,270,983.69 for the w~ek ending January 5, 1990, in accordance with the 1989-90 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CAL~ND61{; On motion by Councilwoman Kaywood, seconded by Councilman Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Al. 118: The following claims were filed against the City and action taken as recommended. Claims rejected and referred to Risk Management. a. Glaim submitted by Timothy J. Doonan for property damage sustained purportedly due to actions of the City on or about September 12, 1989. b. Claim submitted by Pacific Bell, Case No. JF946-0954, for property damage sustained purportedly due to actions of the City on or about October 27, 1989. c. Claim submitted by Pacific Bell, Case No. JF946-0855, for property damage sustained purportedly due to actions of the City on or about September 20, 1989. d. Claim submitted by R. L. Douglass Electronic for property damage sustained purportedly due to actions of the city on or about October 30, 1989. e. Claim submitted by Donna Goodrich for bodily injury sustained purportedly due to actions of the Gtty on or about September 9, 1989. 3O 101 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. f. Claim submitted by Edgar Merritt for property damage sustained purportedly due to actions of the City on or about November 28, 1989. g. Claim submitted by Adelheid Eichmann for property damage sustained purportedly due to actions of the City on or about November 28, 1989. A2. 158: Authorizing the payment of $117,380 to Ivan Marovic and Ante Marovtc, pursuant to agreement on file, for modifications to their building located at 735 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-40). A3. 170: Approving the final Map of Tract No. 12991, said tract being located at the north east corner of Canyon Vista Drive and Weir Canyon Road. The developer is Woodcrest Development with engineering being provided by Hunsaker and Associates. A4. 170/123: Approving the Final Map of Tract No. 12992 and the Subdivision Agreement with Sycamore Canyon 61 Associates LP, said tract is located west of Weir Canyon Road at Parkglen Place within the Sycamore Canyon development. The developer is Woodcrest Development with engineering being provided by Hunsaker and Associates. (In connection with Sycamore Canyon Specific Plan No. SP88-1.) A5. 107: Approving Contract Change Order No. 1 in the amount of $14,458.64 in favor of Fecit Strata Construction for the Neighborhood Preservation Area II project. A6. 144: RESOLUTION NO. 90R-16: Requesting the County of Orange to include within the Arterial Highway Financing Program (1990-1991) the following street improvement projects: Harbor Boulevard - Katella Avenue to Orangewood Avenue, Katella Avenue - State College Boulevard to Lewis Street, and Katella Avenue and State College Boulevard critical intersection. RESOLUTION NO. 90R-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS (1990-1991). A7. 123: Approving a First Amendment to Agreement with Smith-Emery increasing the per annum not to exceed value from $150,000 to $350,000 for testing, inspection and consulting services for capital improvement projects. AS. 106: Increasing 1989/90 Resource Allocation Revenues by $1,634,065 in Account No. 49-3167-E911 and expenditures by $1,634,065 in Account Number 49-799-E911 (funds awarded from Orange County Transportation Commission for Katella Avenue Traffic Signal Coordination Project). A9. 160: Accepting the bid of Pacific Equipment and Irrigation, in the amount of $70,252.56 for seven refuse haulsters (for Stadium and Convention Center), in accordance with bid ~776. 31 102 City Hall. Anaheim. California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. Al0. 160: Accepting the low bid of Alert Coatings, Inc., in the amount of $56,990 for painting Stadium ramps and handrails (Gates 7/9 and 8/10), in accordance with bid ~4766. All. 160: Accepting the low bid of Myers Tire Supply Co., in the amount of $37,832.37 for one alignment rack to be installed at Fleet Maintenance, in accordance with bid #4779. Al2. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to Computer Service Company Division, in the amount of $47,855 for four each traffic controllers with time based coordination. Al3. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for four months ended October 31, 1989. Al4. 158: Authorizing the Director of Public Works/City Engineer to accept title to certain Redevelopment Agency property (Lincoln Avenue Realignment Phase II) on behalf of the City, and directing that the instrument of conveyance be recorded at the office of the County Recorder. Al5. 123: Waiving Council Policy 306 and approving an agreement with Carl A. Mycoff, dba Mycoff and Associates, at a cost of $20,000 plus travel expenses estimated to be less than $9,000 to conduct a recruitment for Public Utilities General Manager. Al6. 153: RESOLUTION P0, 90~-~7 Amending Resolution No. 89R-407, nunc pro runt, which adopted the Memorandum of Understanding with the International Brotherhood of Electrical Workers, Local No. 47, to correct Article 52 - Meals, and to include an upgrade code for the job of Utilities Yard Working Supervisor. RESOLUTION NO, 90R-17; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-407 NUNC PRO TUNC. Al7. 152/153: Authorizing City employees to voluntarily transfer vacation hours and sick leave hours in excess of 175 hours to the account of Mr. John Sanders, an employee of the Parks, Recreation and Community Services Department. WAIVER OFRF~ING - R~$O~U%ION; The titles of the following resolutions were read by the glCy Clerk. (Resolution Nos. 90R-16 and 90R-17. Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 90R-16 and 90R-17 for adoption. 32 103 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-16 and 90R-17, duly passed and adopted. MOTION; All items on the Consent Calendar were approved on motion by Councilwoman Kaywood, seconded by Councilman Ehrle. MOTION CARRIED. End of Consent Calendar. Al8, %05; APPOINTMENTS TO THE YOUTH COMMISSION: Submitted was report dated December 29, 1989 from the Director of Parks, Recreation and Community Services with recommendations from the Youth Commission relative to the appointment of Commissioners. Councilwoman Kaywood moved to approve the recommendation of the Youth Commission to move Camelia Mazard from first alternate to Commissioner and Sara Pat from second alternate to first alternate. Councilman Pickler seconded the motion. MOTION CARRIED. Relative to the recommendation to fill the vacancies of second and third alternate, since the present list of possible applicants has been exhausted, Councilwoman Kaywood stated she would like to defer those appointments until a new list has been submitted, as suggested by the City Clerk. She also noted that applicants should indicate the grade they are in when making their application. Al9, QRDINANCE NO. 5087 PUBLIC HEARING - RETAIL SALE OF CONCEALABLE FIREARMS: To consider adding an Ordinance to Title 4 of the Anaheim Municipal Code relating to the retail sale of concealable firearms within the City of Anaheim, and establish annual fees therefor. Submitted was report dated December 13, 1989 from the Chief of Police, Joseph Molloy, recommending adoption of the Ordinance and a subsequent Resolution establishing fees associated with the Ordinance, thereby increasing the Resource Allocation Plan by $1,200 in.account no. 01-3231. Mayor Hunter opened the public hearing and asked if anyone wished to speak relative to the proposed Ordinance; there beth§ no response, he closed the public hearing. City Attorney White. The Resolution can be held and placed on the agenda next week when the Ordinance is presented for adoption and acted upon at that time. Councilman Pickler offered Ordinance No. 5087 for first reading. ORDINANCE NO. 5087 (INTRODUCTION): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 4.98 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE RETAIL SALE OF CONCEALABLE FIREARMS. 33 104 City Hall, Anaheim. California - COUNCIL MINUTES January 9, 1990, 5:30 P,M. 179, ITF~MS BI - Bll FROM THE PLANNING COMMISSION ME~TING OF DECEMBER 18, 1989 -INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 9. 1990, B1, WAIVER OF CODE REQUIREMENT. CONDITIONAL USE pERMIT NO, 3227 AND NEGATIVE DECLARATION: OWNER: B. U. PATEL, Tarsadia, Inc., 650 Town Center Drive, Suite 1910, Costa Mesa, California 92626. AGENT: Farano and Kieviet, 100 South Anaheim Boulevard, Suite 340, Anaheim, California 92805. LOCATION: 1326 South West Street. To permit a 4-story, 166 room hotel with waiver of minimum number of parking spaces. ACTION T~KEN BY THE PLANNING COMMISSION. Conditional Use Permit No. 3227 DENIED (PC89-320). Waiver of code requirement DENIED. Negative Declaration DENIED. Letter of appeal submitted by the agent, Farano and Kteviet, and set for. public hearing on January 23, 1990, at 6:00 p.m. B2, GENERAL PLAN AMENDMENT NO. 281. RECLASSIFICATION NO, 89-90-34, VARIANCE NQ, 4013 AND NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, 200 South Anaheim Boulevard, Anaheim, California 92805; ORANGE COUNTY FLOOD CONTROL DISTRICT, 400 Civic Center West, Santa Aha, California 92701. AGENT: BrookhollowApartments (Anaheim Associates) c/o The William Lyon Company, 4490 Von Karman, Newport Beach, California 92660. LOCATION - GENERAL PLAN AMENDMENT NO. 281 AND RECLASSIFICAT~0N NO, 89-90-34; Subject property is the 1.92 acre portion located on the northeast corner of Crescent Avenue and Brookhurst Street. Variance No. 4013: Property is approximately 5.83 acres located at the northeast corner of Crescent Avenue and Brookhurst Street and has approximately 550 feet of frontage on the south side of Gramercy Avenue and 210 feet of frontage on the west side of Valley Street. Request for amendment to the Land Use Element of the General Plan proposing a redesignatioq from the existing General Industrial and Flood Control Channel designations to Medium Density Residential and a reclassification from RS-A-43,000 (Residential/Agricultural) to RM-1200 (Residential, Multiple-Family) or a less intense zone with waiver of minimum site area per dwelling unit, maximum structural height, and minimum distance between buildings in order to construct a 4-story, 228-unit "affordable" apartment complex on the entire 5.83-acre property. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 281 APPROVED (PC89-321) Reclassification No. 89-90-34 GRANTED (PG89-322). Variance No. 4013 GRANTED (PC89-323) (a) minimum site area per dwelling 34 105 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. unit-GRANTED, (b) maximum structural height-GRANTED, and (c) minimum distance between buildings -GRANTED. Set for public hearing before the City Council on February 6, 1990, due to General Plan Amendment No. 281. B3, CONDITIONAL USE PERMIT NO. 3228 AND NEGATIVE DECLARATION: OWNER: WOODCREST DEVELOPMENT, INC., 17911 Mitchell Avenue, Irvine, California 92714. AGENT: Serrano Canyon Association, 23046 Avenida Carlotta, Suite 52D, Laguna Hills, California 92653.. LOCATION; Property is approximately 23,29 acres located at the northeast corner of Weir Canyon Road and Canyon vista Drive, To permit gasoline sales, auto repair, a car wash and a convenience market in conjunction with a 6,700 square-foot commercial retail center. ACTION TAKEN BY THE PLANNING COMMISSION; Conditional Use Permit No. 3228 GRANTED (PC89-324) subject to stipulation that no beer and wine would be sold. Retail stores not to be open 24 hours a day, except the service station/convenience market; no other fast food uses; and subject to driveway redesign being approved by the approved site plan. Approved Site Plan. Approved Negative Declaration. B4, VARIANCg NO, 401~ AND NEGATIVE DECLARATION: OWNER: LIN BEACH PROPERTIES, 2960 West Lincoln Avenue, Anaheim, California 92801. LOCATION; 2865 West Lincoln Avenue, Waiver of minimum number of parking spaces to construct a printing and reproduction facility. ACTION TAKgN By THE PLANNING COMMISSION. Variance No. 4012 GRANTED (PC89-325) on the basis traffic study indicates parking is adequate for use as print shop and this variance would be for a print shop use only unless a new use met parking requirements; and subject to landscaping plan which includes trees that grow to some height to provide screening for adjacent property in the rear. Landscaping plans to be approved by Planning staff. Approved Negative Declaration. BS, VARIANCE NO. 4009. CATEGORICALLY EXEMPT. CLASS 11: OWNER: PETER AND BRENDA A. KONDIS, 7105 East Country Club Lane, Anaheim, California 92807. LOCATIOn; ?105 East Country_ Club Lane Waiver of prohibited ground mounted equipment to retain a ground mounted satellite dish. 35 105 City Hall, A~aheim. California - COUNCIL MINUTES - January 9, 1990. 5:30 P,M. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4009 GRANTED (PC89-326) subject to adding shrubbery to provide screening being planted by the end of January, 1990. B6. WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO. 3223 AND NEGATIVE DECLARATION: OWNERS: GILBERT/LA PALMA PROPERTIES, c/o Stephen Claman, 1900 Avenue of the Stars, Los Angeles, California 90667. AGENT: Mac Dalgleish, 624 Sierra Street, E1 Segundo, California 90245. LOQATION; 1134 North Gilbert Street. To permit a non-industrial training center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3223 GRANTED (PC89-327). Waiver of code requirement GRANTED, based on the hours of use and subject to restriping parking lot with plans to be approved by the City Traffic Engineer. Approved Negative Declaration. Staff answered questions posed by Councilwoman Kaywood relative to parking. No further action was taken by the Council. BT, RECLASSIFICATION NO. 89-90-33 AND NEGATIVE DECLARATION: INITIATED BY: THE CITY OF ANAHEIM, 200 South Anaheim Boulevard, Anaheim, California 92805. LOCATION: Property is approximately 1.26 acres generally bounded by the alley north of Broadway to the north, Atchison Street to the east, Broadway to the south and Melrose Street to the west. Excepting the easterly 125 feet. Reclassification of properties from the RM-1200 (Residential, Multiple-Family) zone to the RM-2400 (Residential, Multiple-Family) or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-33 GRANTED (PC89-328). Approved Negative Declaration. The decision of the Planning Commission was appealed by an effected property owner; therefore, a public hearing will be scheduled at a later date. B8, GENERAL PLAN AMENDMENT NO. 280 AND NEGATIVE DECLARATION: INITIATED BY: THE CITY OF ANAHEIM, 200 South Anaheim Boulevard, Anaheim, California 92805. ~ Property is approximately 12 acres generally bounded by Iris Street to the east, the Santa Aha Freeway to the west, Winston Road to the south and extending north approximately 218 feet from the centerline of Winston Road. Also including these 19 properties located on the south side of Winston Road 36 City Hall, Anaheim, California COUNCIL MINUTES January 9, 1990, 5:30 P.M. between Iris Street to the east and the Santa Ana Freeway to the west, and further including those 6 properties located on the west side of Palm Street beginning approximately 135 feet south of the centerline of Winston Road and extending north approximately 390 feet. A City-initiated amendment to the Land Use Element of the General Plan redesignattng subject area from the Medium Density Residential designation to the Low Density Residential designation. ACTION TAKEN BY THE PLANNING COMMISSION: RECOMMENDED APPROVAL OF GPA No. 280 (PC89-329). Approved Negative Declaration. Set for public hearing before the City Council on February 6, 1990, due to General Plan Amendment No. 281. B9, ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN: Proposed land lease of surplus flood control property near Kraemer Boulevard and La Palma Avenue. ACTION TAKEN BY THE PLANNING COMMISSION; APPROVED. BIO, RgCLASSIFICATION NO, 86-87-14 AND VARIANCE NO. 3611 - REOUEST FOR RETROACTIVE EXTENSION OF TIME AND SUBSTANTIAL CONFORMANCE APPROVAL; Letter was submitted to the Planning Commission by Jeffrey L. Farano, Farano and Kieviet, requesting a Retroactive Extension of Time and Substantial Conformance Approval on property located at 2240 West Lincoln Avenue. The Planning Commission at their meeting of December 18, 1989 recommended to the Council that the Revised Plans for the project (Revision No. 2) are in substantial conformance with approved plans and the request for Extension of Time be granted retroactive to February 3, 1988, for the subject Reclassification and Variance, to expire February 3, 1990. Mr. Floyd Farano, Farano and Kieviet, representing Mr. and Mrs. Bucaro, owners of the property. He answered questions posed by the Council: they have agreed to a 30 year affordabiltty and the documentation was submitted to the City Attorney's office in approximately April, occupancy is limited to no more than two persons in each apartment, they have existing easements to give access from both the east and west side of the building on a permanent basis and if not already recorded, they will be recorded in the future, a landscape plan will be submitted and they will be happy to make any approval by Council contingent upon submittal of the landscape plan. Councilman Daly. The City's new Deck Ordinance, which is scheduled for adoption this evening requires 60% of the deck to be landscaped. Mr. Farano stated they are at least at 50% but he is not certain they will be at 60% when the Ordinance goes into effect. 37 108 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. Councilman Daly. If Staff takes a special look at the landscape aspect of the project, he can support the request. MOTION: Councilman Hunter moved to approve the request for the Retroactive Extension of Time and Substantial Conformance Approval regarding Reclassification No. 86-87-14 and Variance No. 3611 to expire February 3, 1990. Councilman Ehrle seconded the motion. MOTION CARRIED. City Attorney White. Relative to the Ordinance which the Council will be voting on regarding Deck Housing (Ordinance No. 5086) there is a provision in that Ordinance which does exempt from the provision of the Ordinance projects which were approved prior to February 9, 1990, given discretionary approval by way of Rezontng, a Variance or Conditional Use Permit. The reason was to avoid the situation where projects previously looked at and approved by the Council would be caught in the middle of having received approval once and then having an Ordinance take effect before they receive their building permits. If the subject project goes forward from this point and obtains a building permit and diligently prosecuted it to completion, it would be exempt from the new standard. Councilman Pickler noted that the attorney for the applicant stated that they are going to comply; Councilman Daly. He feels they have the commitment and Staff has the right to reject or approve the landscaping plan. (Later in the meeting, the Council adopted Ordinance No. 5086 relative to Deck Housing.) BlS, %79; OI~DINANCE NO. 5085: Amending Title 18 to rezone property under Reclassification No. 89-90-07, located at 517 East Katella Avenue, from the ML zone to the CL zone. B13, 179; ORDINANCE NO. 5086: Amending Section 18.01.090 of Chapter 18.01, adding new Chapter 18.96, and various other Chapters of Title 18 of the Anaheim Municipal Code relating to deck-type housing. WAIVgR OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5085 and 5086.) Councilman H~nter moved to waive the reading in full of the Ordinances. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Gouncilwoman Kaywood offered Ordinance Nos. 5085 and 5086 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5085: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO. 5086: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.01.090 OF CHAPTER 18.01, ADDING NEW CHAPTER 18.96, AND ADDING VARIOUS SUBSECTIONS TO VARIOUS OTHER CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 38 109 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. Roll Call Vote: AYES NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance Nos. 5085 and 5086 duly passed and adopted. B14, 179; ORDINANCE NO, 5088 - INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 88-89-53, located in the area bounded by Santa Aha Street, Helena Street, Elm Street, and Clementine Street, from the RM-2400 zone to the RM-1200 zone. Councilwoman Kaywood offered Ordinance No. 5088 for introduction. ORDINANCE NO. 5088: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. B15, 179; REQUEST FOR HEARING - GENERAL PLAN AMENDMENT NO. 264. RECLASSIFICATION NO, 89-90-03, CONDITIONAL USE PERMIT NO, 3192 AND NEGATIVE DECLARATION: Request by George Krajacic, 720 Town and Country Road, Orange. At its meeting of November 28, 1989 (see minutes that day) the City Council denied General Plan Amendment No. 264 (Exhibit A), granted Reclassification No. 89-90-03, but to the RS-7200 zone, denied Conditional Use Permit No. 3192 and approved an EIR Negative Declaration. The request was for an amendment to the Land Use Element of the General Plan proposing redesignation from Low Density Residential to Low-Medium Residential to construct a two story, 12 unit condominium complex and for a change in zone from RS-10,000 to RM-2400 or a less intense zone. MOTION: Councilman Hunter moved to deny the request for a rehearing on the subject. Councilman Daly seconded the motion. MOTION CARRIED. el, 162/179; pHOENIX CLUB REQUEST FOR PRg-APPROVAL FOR AIR RIFLE SHOOTING CLUB AND ARCHERY ACTIVITIES: Request of the Phoenix Club pursuant to Anaheim Municipal Code Section 6.32.110 to permit air rifle shooting and archery activities subject to a conditional use permit being applied for and grante~ for such use; Submitted was report dated January 2, 1990 from the Planning Department recommending approval of the request subject to the following condition: "That prior to commencement of any air rifle shooting club and archery activities, a conditional use permit shall be applied for and granted by the Planning Commission or City Council." The Mayor asked if anyone wished to speak to this item. Mallei Bennett, 14541 Hyannis Port, Tustin. She boards her horse at Rancho Del Rio Stables. The proposed action does not tell her where the Phoenix Club will be moved to. The problem they have now with air rifling and archery is when they use the trails. She does not see any documents relative to 39 110 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. safeguards that will be applied. Horses have been shot at, although she does not believe it is on purpose. She is concerned with approving the request prior to a Conditional Use Permit since there is a safety hazard involved with regard to the horses. She would like to see more information on the safety issues. City Attorney White. The reason the item is on the agenda can best be described as a "chicken and egg" situation. It takes a multiple number of steps to have a shooting or archery range in Anaheim which he explained under the applicable chapter of the Anaheim Municipal Code. The permit in front of the Council tonight is non site specific. It is not approving a site but only saying that the Council finds that the Phoenix Club is a recreational organization that is authorized to conduct shooting and archery activities. If a location is obtained by the Phoenix Club at which they desire to conduct these activities, it is a condition of the permit, that they file for a Conditional Use Permit. At that time, the location will be looked at and conditions imposed in conjunction with the permit. A hearing would be held by the Council and an environmental review would be done. He clarified what the Council is approving tonight is only the condition precedent to the Phoenix Club going forward with an application relating to a specific location for the activities. The matter will come back to the Planning Commission and possibly again to the City Council in conjunction with a location for the activities sometime in the future. There can be no activities at any new location until a Conditional Use Permit is obtained which would be after another public hearing. Joel Fick, Planning Director. The direction would be provided that there is recognition given that this would be acceptable if a Conditional Use Permit is sought and applied for, reviewed through the public hearing process and determined it is an acceptable location through that hearing process. MOTION: Councilman Ehrle moved to approve the request of the Phoenix Club pursuant to Anaheim Municipal Code Section 6.32.110 to permit air rifle shooting and archery activities subject to a Conditional Use Permit being applied for and granted for such use. Councilman Daly seconded the motion. MOTION CARRIED. C2. 108/114: VENDING ORDINANCE NO. 4725: On November 7, 1989, the City Council approved the formation of a 7-member Task Force to be comprised of 3 Vendor representatives, 3 City Staff members and one representative from the Chamber of Commerce for the purpose of reviewing Ordinance No, 4725, recommending any changes, and submitting to the Council any £indings. Submitted was report dated December 28, 1989 from the Planning Department/Code Enforcement Division requesting that the matter be continued to the Council Meeting of February 13, 1990. MOTION: Councilman Hunter moved to continue discussion on the Vending Ordinance (Ordinance No. 4725) to Tuesday, February 13, 1990. Councilman Ehrle seconded the motion. MOTION CARRIED. 40 City Hall, Anaheim, California COUNCIL MINUTES - January 9, 1990, 5:30 P.M. ITEMS OF PUBLIC INTEREST: There were no items of public interest. 161,123, JOINT PUBLIC HEARING BETWEEN AGENCY/COUNCIL TO CONSIDER THE DISPOSITION AND DEVELOPMENT AGREEMENT - KOLL ANAHEIM CENTER ¢SEE ADJOURNED REGULAR MEETING MINUTES OF THE ANAHEIM REDEVELOPMENT AGENCY/CITY COUNCIL OF DECEMBER 15. 1989 HELD THIS DATE. JANUARY 9. 1990). 176: PUBLIC HEARING - ABANDONMENT 88-14A; In accordance with application filed by Tatyo Investments, USA, 19750 South Vermont Avenue, Torrance, CA 90502, public hearing was held on proposed abandonment of streets within Tract No. 9524 and Ramsgate Drive from the South boundary of Tract No. 9524 to Via Arboles Street in order to provide a gated community pursuant to Resolution No. 89R-456 of December 12, 1989, duly published in the Anaheim Bulletin and notice thereof posted in accordance with law. Report of the City Engineer dated December 5, 1989 was submitted recommending approval of said abandonment subject to certain conditions, the majority of. which are as follows: 1) maintenance of sewer lines, 2) maintenance of all streets, 3) Knox Box access through 20 foot gate for Fire Department, 4) separate billing for street lighting, 5) access for Utility personnel, 6) easements retained for public utilities. Mayor Hunter asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION. On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the City Council ratified the determination that the proposed activity falls within the definition of Section 35.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTON: The title of the following resolution was read by the City Clerk. (Resoluton No. 90R-18) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-18 for adoption, approving Abandonment No. 88-14A subject to all conditions imposed by the City Engineer as outlined in his memorandum dated December 5, 1989. Refer to Resolution Book. RESOLUTION NO. 90R-18: A RESOLUTION OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. 88-14A. Roll Call Vote: 113 41 City Hall, Anaheim, California - COUNCIL MINUTES January 9, 1990, 5:30 P.M. AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 90R-18 duly passed and adopted. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 278 AND NEGATIVE DECLARATION: OWNER: NEWPORT FEDERAL 5000 Birch Street, Suite 6100 Attention: William O. Cottle Newport Beach, California 92660 AGENT: City of Anaheim Civic Center, Room 162 P. O. Box 3222 Anaheim, California 92803 LOCATION/REQUEST: The property is approximately 45 acres located southeast of Ball Road and the Route 57-Orange Freeway, west of the Santa Aha River and north of the Southern Pacific Railroad tracks. The request is for amendment to the Land Use Element of the General Plan proposing a redesignatton from the existing General Industrial to General Commercial. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 278, Exhibit A granted (PC89-302); approved EIR Negative Declaration. HEARING SET ON: Set for a public hearing before the City Council due to General Plan Amendment No. 278.. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin, December 28, 1989. Posting of property December 29, 1989. Mailing to property owners within 300 feet - December 27, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 4, 1989. Anntka Santalahti, Zoning Administrator. She briefed the requested amendment to the Land Use Element of the General Plan (See Staff Report of December 4, 1989). Mayor Hunter asked if anyone wished to speak either in favor or in opposition; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman 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. 42 115 City Hall, Anaheim, California - COUNCIL MINUTES January 9, 1990, 5:30 p.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-19) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-19 for adoption approving General PLan Amendment No. 278, Exhibit A. Refer to Resolution Book. RESOLUTION NO. 90R-19: 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. 278, EXHIBIT "A". Roll Call Vote. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-19 duly passed and adopted. 179. PUBLIC HEARING - GENERAL PLAN AMENDMENT No. 274-1. 2. 3 AND 4. RECLASSIFICATION NO, 89-90-27 AND NEGATIVE DECLARATION: INITIATED BY: CITY OF ANAHEIM 200 south Anaheim Boulevard Anaheim, California 92805 LOCATION - GPA 274-1: Property is approximately 1.38 acres generally bounded by South Street to the north, Anaheim Boulevard to the east, Valencia Avenue to the south and Lemon Street to the east, excepting the northerly 330 feet and the easterly 160 feet. LOCATION - GPA 274-2: Property is approximately 2.7 acres generally bounded by Valencia Avenue to the north, Anaheim Boulevard to the east, Vermont Avenue to the south and Lemon Street to the west, excepting the easterly 160 feet and the southerly 230 feet. ~DCATION - GPA 274-3: Property is approximately 10.7 acres generally bounded by Valencia Avenue to the north, Olive Street to the east, Vermont Avenue to the south and the alley east of Anaheim Boulevard to the west. LOCATION - GPA 274-4: Property is approximately 21.3 acres generally bounded by Vermont Avenue to the north, Olive Street to the east, Clifton Avenue to the south and Anaheim Boulevard to the west, excluding those properties which front on Anaheim Boulevard or Clifton Avenue. Also excluding those 2 parcels of land having a combined frontage of approximately 203 feet on the east side of Philadelphia street, a maximum depth of approximately 99 feet and located approximately 122 feet south of the centerltne of Charlotte Avenue. LOCATION - RECLASSIFICATION NO. 89-90-27: The area generally bounded by Valencia Avenue to the north, Olive Street to the east, Vermont Avenue to the 43 115 City Hall. Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. south and the alley west of Philadelphia Street to the west. Also including that parcel of land having a frontage of approximately 50 feet on the east side of Lemon Street, having a maximum depth of approximately 243 feet and located approximately 165 feet north of the centerltne of Valencia Avenue. ~ A City initiated amendment to the Land Use Element of the General Plan redesignating subject area from the Medium Density Residential designation to the Low-Medium Density Residential designation. A City initiated amendment to the Land Use Element of the General Plan redestgnating subject area from the Medium Density Residential designation to the Low Density Residential designation. GPA 274-3: A City initiated amendment to the Land Use Element of the General Plan redesignating subject area from the Medium Density Residential designation to the Low-Medium Density Residential designation. GPA 274-4: A City initiated amendment to the Land Use Element of the General Plan redestgnating subject area from the Medium Density Residential designation to the LOw Density Residential designation. R~CLASSIFICATION NO. 89-90-27: A City initiated reclassification of properties from the RM-1200 (Residential, Multiple-Family) Zone to the RM-2400 (Residential, Multiple-Family) or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: GPA No. 274-1 RECOMMENDED APPROVAL (EXHIBIT A) (PC89-309) GPA No. 274-2 RECOMMENDED APPROVAL (EXHIBIT A) (PC89-310) GPA No. 274-3 RECOMMENDED APPROVAL (EXHIBIT A) (PC89-311) GPA No. 274-4 RECOMMENDED APPROVAL (EXHIBIT A) (PC89-312) Reclassification No. 89-90-27 GRANTED (EXHIBIT A) (PC89-313) Approved Negative Declaration. HEARING SET ON: Set for public hearing before the City Council due to General Plan Amendment No. 274-1, 2, 3 and 4. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin, December 28, 1989. Posting of property December 29, 1989. Mailing to property owners within 300 feet December 28, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 4, 1989. Jonathan Borrego, Assistant Planner. The proposed General Plan Amendment is in conjunction with the on-going housing study. Two areas are recommended to be redestgnated from Medium Density Residential to Low-Medium Residential and two others from Medium Density Residential to LOw Density Residential. Some zone changes are recommended for two other areas. Requests find them from RM-1200 to the RM-2400 zone in order to bring those 44 City Hall, Anaheim. California - COUNCIL MINUTES - January 9, 1990, 5;30 P.M. properties into conformance with the recommended GPA and also to match the existing density. Mayor Hunter asked if anyone wished to speak. Mr. James Carpenter, 4152 Armestead, Pico Rivera. He is representing his brother-tn-law who owns property at 926 South Anaheim Boulevard (GPA Area 274-4). He is present to determine what is going to take place. Joel Fick, Planning Director. The property at 926 South Anaheim Boulevard is outside of the study area and is not being affected by any action that will be taken tonight. Notification of the public hearing was sent to all those within 300 feet of the subject area. COUNCIL ACTION: there being no further persons who wish to speak either in favor or opposition, Mayor Hunter closed the public hearing. Jonathan Borrego. He reported that one letter was received i~ opposition. He spoke with the gentleman this afternoon and it was determined that his property was also outside of the study area. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Daly, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment MOTION CARRIED. WAIVER OF READING - RESOLUTION: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-20 through 90R-24, both inclusive) Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Daly seconded the motion. MOTION CARRIED. Councilman H~nter offered Resolution Nos. 90R-20 through 90R-24, both inclusive, for adoption, approving General Plan A~mendment No. 274-1, -2, -3 and -4, Exhibit "A" and approving Reclassification No. 89-90-27 to the RM-2400 Zone. Refer to Resolution Book. RESOLUTION NO. 90R-20: 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. 274-1, EXHIBIT "A". RESOLUTION NO. 90R-21: 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. 274-2, EXHIBIT "A". Il? 45 118 City Hall. Anaheim. California - COUNCIL MINUTES - January 9. 1990, 5;30 P.M. RESOLUTON NO. 90R-22: 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. 274-3, EXHIBIT "A". RESOLUTION NO, 90R-23; 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. 274-4 EXHIBIT "A". RESOLUTION NO. 90R-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-20 through 90R-24, both inclusive, duly passed and adopted. 179. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 275 AND NEGATIVE DECI~TION; INITIATED BY: THE CITY OF ANAHEIM 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION/REQUEST: property is approximately 2 acres, consisting of those 9 parcels fronting on the east and west sides of Dwyer Place. Also including 2 parcels beginning on the northeast corner of Pearl Street and Dwyer Place, having combined approximate frontages of 136 feet on the north side of Pearl Street and 90 feet on the east side of Dwyer Street. A City initiated amendment to the Land Use Element of the General Plan redesignating subject area from the Medium Density Residential designation to the Low-Medium Density designation. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan.Amendment No. 275 RECOMMEND APPROVAL Exhibit A(PC89-314). Approved Negative Declaration. HEARING SET ON: Set for public hearing before the City Council due to General Plan Amendment No. 275. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin December 28, 1989 Posting of property December 29, 1989. Mailing to property owners within 300 feet - December 28, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 4, 1989. 46 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. Jonathan Borrego, Assistant Planner. The proposed General Plan Amendment is in conjunction with the on-going housing study. The properties in question are currently zoned RM-2400 which would conform to the redesignation to Low-Medium Density residential. The properties contain duplexes which will be consistent with the density. PUBLIC DISCUSSION IN FAVOR: None PUBLIC DISCUSSION IN OPPOSITION: None COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Daly, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-25.) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-25, approving General Plan Amendment No. 275, Exhibit A. Refer to Resolution Book. RESOLUTION NO. 90R-25: 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. 275, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-25, duly passed and adopted. 179. PUBLIC HEARING - WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 32~ 65D NEGATIVE DECLARATION: OWNER: VANDERBILT LIMITED 27122B Paseo Espada, #1021 San Juan Capistrano, California 92675 AGENT: Dave Scott, Vanderbilt Limited 27122B Paseo Espada, #1021 San Juan Capistrano, California 92675 1!9 47 City Hall. Anaheim. California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. LOCATION/REQUEST: The property is located at 8285 East Santa Ana Canyon Road (northwest corner of Weir Canyon Road and Santa Ana Canyon Road). The request is to permit the further division of a previously-approved commercial retail building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3216 GRANTED (PC89-266). Waiver of code requirement GRANTED. Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of November 28, 1989 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin, December 28, 1989 Posting of property, December 29, 1989. Mailing to property owners within 300 feet - December 28, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 6, 1989. APPLICANT'S STATEMENT: John Noble, President, Vanderbilt Limited, 27122B Paseo Espada, San Juan Capistrano. The Planning Commission approved the Conditional Use Permit allowing them to divide two retail spaces into four in a shopping center Just being completed at the corner of Weir Canyon and Santa Aha Canyon Road. They would then have 11 tenants instead of 9. They are not adding any additional space. The Planning Commission also approved a parking variance to allow a 1500 square foot sit-down Japanese restaurant and a 3100 square foot medical user. Since the Planning Commission meeting, they were notified that the people they purchased the property from had put a deed restriction on the property against the practice of medicine. Therefore, they do not need the parking variance for the medical user. They are asking for approval for the ability to lease space to 11 tenants instead of 9 and approval of the 1500 square foot restaurant. It was always their intent to add additional walls within the center as the space requirement of their tenants were better defined. At that time they were not aware of the City's requirement for a Conditional Use Permit to divide the space. It is also their opinion that a sit-down Japanese restaurant would be a good use for the surrounding community and that site. They are the property owners of just the last two acres on the corner. They did a parking study for their parcel and the contiguous parcel which showed they would be parked within 87% of the Code or Just 3 stalls short of over what they previously agreed to provide. The City's Traffic Engineer has reviewed the study and has approved it. They are asking to be 48 121 City Hall. Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P,M. allowed to divide the existing space to create the two additional lease spaces and allow them to build the 1500 square foot restaurant. If the Council feels that the parking requirements are too onerous, that they still be allowed to proceed with the division of the two spaces. There are tenants anxiously awaiting the Council's decision on the matter. COUNCIL CONCERNS: Councilwoman Kaywood. She was greatly concerned over the fact that initially they looked for land assembly with one owner and one person responsible. To have a new shopping center continue to break down wtth separate stores and uses is not good land planning. She also expressed concern over parking with medical uses involved. John Noble. They were approved originally by Anaheim Memorial Hospital who was looking to lease interim space on a 3 year basis. Since then the hospital has decided to build temporary facilities and the deed restrictions on the property do not allow medical use in any event. There will be no medical uses on the property at all. Paul Singer, Traffic Engineer. He clarified for Councilwoman Kaywood that there is reciprocal parking throughout the entire center. The subdivision they are asking for only relates to interior walls. No square footage is being added. With medical uses out of the picture, the parking looks better than before. He has no problem with the parking. Aerial photos taken at the noon hour show there is no problem. At the present time with the fast food restaurant, there is adequate parking. Anntka Santalahtt, Zoning Administrator. She explained when the property originally received its rezoning action and a parking variance, the prime developer did have a conceptual scheme of certain land uses combined. At that time there was discussion it was their intent to sell off individual pieces. That was 4 or 5 years ago or possibly even in 1979. The earliest action took place in 1979, but it was in 1985 that there was a further action on the property which involved the parking waiver. The actual subdivision and actual development taking place is not what was shown originally. Councilman Ehrle. He does not want to approve any requests relating to the subject properties until he sees a new master plan. It is the only way they can force owners to come in. Otherwise they will be creating a mess with individual property owners. This is an area that is growing rapidly and where outstanding things are happening. He does not want to see a problem at that major intersection. 49 lZZ¸ City Hall. Anaheim. California - COUNCIL MINUTES - January 9, 1990, 5:30 P.M. Mayor Hunter. He agreed that the area requires a master plan since there is still so much vacant property to be developed. He feels that Staff should look at the whole area and be more diligent with people who buy large pieces of land requiring~ that there be a master plan instead of developing piecemeal, if that is possible. Joel Fick, Planning Director. While the other parcels are still vacant, Staff could contact the other owners to see if a meeting can be set up among property owners. Staff has the same interest in having that property he as integrated as possible. On the subdivision issue, there have been discussions that have taken place over the last several months with Engineering Staff, Planning Staff and Economic Development along the lines of some of the comments expressed by the Council on other developments. Now there is a process in place through subdivisions where such items are analyzed carefully and conditioned through the subdivision map process to guarantee an integrated development in terms of design and land planning. City Attorney Jack White. The City Council has already taken steps to control the multiple use of commercial units on single parcels. In February of 1988, Council adopted a Zoning Ordinance to require that any time 3 or more commercial units are proposed on a single or adjoining parcel that are to be built as an integrated unit, that it now requires a Conditional Use Permit as a commercial center. For new developments that relate to 3 or more commercial units being built as an integrated entity, those will come to the Planning Commission or City Council for Conditional Use Permit approval. As Mr. Fick pointed out, the control of areas that have already received all the discretionary permits is something that will have to be looked into on a Staff level to see what recommendations Staff can bring forward. There being no further persons who wished to speak either in favor or in opposition, Mayor Hunter closed the public hearing. John Noble. As a parcel owner, he is concerned about the original property owner meeting his original design. That is why they purchased the property because they liked the development as a whole. Those who have built thus far have essentially conformed to that original plan. All of the parcel owners would be willing to have someone pull it all together. There is an association run by Hutton similar to a homeowner's association. If there is some way to pull everyone together, there will be a lot of support. What he is asking for tonight, looking at the project as a whole, they conform to the 89% parking but even giving it a higher standard, they are asking for a variance which amounts to only 3 spaces out of 128. Total parking is 617. Their 3 cars are very important but not real material to what is going on in the area. 50 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5;30 P.M, Councilwoman Kaywood. She reiterated her concern relative to parking. If there was still one owner and there was a master plan on the property 3 spaces would not make any difference, if there is a division of the property and each owner requests a variance for 3 spaces, it could be a major problem. Mayor Hunter closed the public hearing Annika Santalahtt, Zoning Administrator. If the Council acts favorably, under page 1 of Planning Commission Resolution PC89-266, item 1, she suggests deleting the 3100 square foot medical office use and amending the number of parking spaces required rather than the 693, that it be 677 required and 617 provided. COUNCIL ACTIONS: ENVIR0~MENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Daly, the City Council approved the negattvm 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. WAIVF~ OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-26.) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-26 for adoption approving Conditional Use Permit No. 3216 with the aforementioned modifications as articulated by the Zoning Administrator. Refer to Resolution Book. RESOLUTION NO. 90R-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3216. Roll Call Vote: AYES: NOES: ABSENT: COON¢ILItg~S: COUNCIL MEMBERS: COUNCIL MIgfBEItS: Daly, ghrle, Kaywood, Pickler and Hunter None None The Mayor d~clared Resolution No. 90R-26 duly passed and adopted. 179. PUBLIC HEARING - VARIANCE NO. 4005. CATEGORICALLY EXEMPT. CLASS 5: OWNER: BALL-LEMON CENTER, INC. ATTENTION: CHARLES SEDGH 9301 Wilshire Boulevard Beverly Hills, California 90210 51 124 C~ty Ha~, Anaheim. California - COUNCIL MINUTES - January 9, 1990, 5;30 P,M. LOCATION/REQUEST: The property is located at 135 West Ball road. The request is for a waiver of minimum number of parking spaces to establish approximately 2000 square feet of fast food uses within an existing commercial retail center. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4005 Approved with added conditions (ZA89-70). HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilman Pickler and Councilwoman Kaywood at the meeting of December 12, 1989 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 28, 1989. Posting of Property December 29, 1989. Mailing to property owners within 300 feet - December 28, 1989. PLANNING STAFF INPUT: See Staff Report to the Zoning Administrator dated November 30, 1989. COUNCIL CONCERNS: Councilman Pickler. His main concern relates to traffic, especially along Ball Road. Two fast food establishments and a 7-Eleven are already located to the east of the subject property and the request is to add fast food uses in the center, inundating the area between Anaheim Boulevard and Lemon Street. Parking problems will be created. Sixty-two spaces are required and there will be 36 existing. APPLICANT'S STATEMENT: Charles Sedgh, President, Ball-Lemon Center. The fast food establishment will be Subway Sandwich. He understands the concern as to traffic. He had a parking study done by a reputable traffic engineer. The study shows similar properties in Anaheim. The study showed that the demand at noon time was 3.2 stalls per 1,000 square feet, indicating that a fast food establishment in the subject center would not have much effect on the traffic or parking; 1100 square feet is for Subway Sandwich and 900 square feet is for pizza. They have 8 stores altogether. Paul Singer, Traffic Engineer. He has reviewed the traffic study submitted. It refers to a comparative use at a center on Harbor and Katella and Lincoln and Gilbert. The comparables have been counted and a ratio established for the Lincoln and Gilbert location of 3.45 parking spaces and at Harbor and Katella 3.76 spaces at peak useage. He called the Council's attention to the fact that when the center was approved, it was approved specifically with a condition that no eating establishments be permitted in the center. 52 City Hall, Anaheim, California - COUNCIL MINUTES - January 9, 1990, 5:30 P,M. Charles Sedgh. When he applied for a Conditional Use Permit, the total square footage was 7100 square feet. He did not know how many tenants he was going to have. He wanted 10 units but at the time of the public hearing before the Council, it was reduced to 8. According to the parking requirements study that was done, it shows that no problem will be created for the neighborhood as far as traffic or parking. Councilwoman Kaywood. The center is adjacent to Lemon Street and there are single family homes all along Lemon. If there is no space in the parking lot, patrons will be parking on Lemon Street in the residential neighborhood and she has a concern with that. Charles Sedgh. He does not want to create any problems for the neighbors. When he applied for the Conditional Use Permit and was told that there could be no food uses, he accepted that, but when he realized by the traffic study that 35 parking spaces would be more than needed, he made the subject request. One of the reasons he has not been able to provide more parking is because of the location of the property and the dedication required by the City on Ball Road as well as a setback requirement on two sides of the property. He also clarified for Councilman Ehrle that they are negotiating with tenants for the units. One is a video store, another is a convenience market and the other is a dress shop, at this time. The two fast food uses are pizza and sandwiches. COUNCIL ACTION: Mayor Hunter closed the public hearing. Paul Singer, Traffic Engineer. Answering Councilwoman Kaywood, he explained that the current waiver is only for retail. A waiver was granted subject to no food. The study conducted by Robert Grommeltn and Associates indicates that the entire center is going to have a demand that is 3.2 stalls per 1,000 square feet. Therefore, when he reviewed the parking study that is what he assumed because those were studies conducted in like centers in the City. It does not mean he feels comfortable with it. He feels more comfortable with the original recommendation Staff made that there be no food outlets in the center because of the parking waiver. Councilwoman Kaywood. She asked if the proposed pizza place and Subway Sandwich have any sitdown requirements. Charles Sedgh. He answered that Subway Sandwich said they needed space for 20 sitdown customers. Councilman Ehrle. The original application did not include fast food. At this time he cannot go along with 2 fast food 53 City Hall. Anaheim. Califorpia - COUNCIL MINUTES January 9, 1990. 5;30 P,M. establishments along with a convenience market. He will not support the request. COUNCIL ACTIONS: On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council determined that the proposed activity falls within the definition of Section 3.01, Class 5 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 - RESOLUTIONS; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-27.) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-27 for adoption, denying Variance No. 4005. Refer to Resolution Book. RESOLUTION NO. 90R-27. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 4005. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution NO. 90R-27, duly passed and adopted. 114: MONORAIL PROJECT; Councilman Daly reported that a few weeks ago representatives of Anaheim, Santa Aha, Orange, Irvine and Costa Mesa held a joint meeting to discuss a possible Monorail project that would connect those 5 cities. More recently, the cities of Fullerton and Huntington Beach have stepped forward to express interest in Joining the study effort. Gary Johnson, Director of Public Works and Engineering attended the meeting as did similar staff from all the other cities. Councilman Pickler was Anaheim's representative and he (Daly) Joined Councilman Pickler in that effort. The next step in the process is to put together a general concept plan on which the private sector would be invited to submit proposals. Mr. Johnson had submitted a s,,mmary report to the Council on the initial meetfn&. He would like to suggest that the Council formally authorize Mr. Johnson to continue to work with Staff form the other cities and whatever other Staff people in the City need to be involved in the study effort. Subsequently, Staff will report to the Council on the project. Councilman Pickler. Mr. Johnson is planning to do that and he will keep the Council informed. 54 97 City H~%, Anaheim. California - COUNCIL MINUTES ~ Councilman Hunter moved to adjourn. seconded the motion. MOTION CARRIED. LEONORA N. SOHL, CITY CLERK January 9, 1990, 5;30 P.M. Councilwoman Kaywood (7:46 p.m) 55