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1990/01/16City Hall. Anaheim, Ca%i~oFnia - COUNCIL MINUTES - January 16, 1990, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Ftck CHIEF OF POLICE: Joseph Molloy A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:20 p.m. on January 12, 1990 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REOUEST 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 564956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. b. To meet with and give directions to its authorized representative regarding labor relations matters Government Code Section 54957.6 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. ~ The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:00 p.m.) INVOCATION: Dr. Ernest Furness, Anaheim Adventist Church, gave the invocation. ~ Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119. PROCLAMATIONS; The following proclamations were issued by Mayor Hunter and authorized by the City Council: 56 City Hall. Anaheim. California - COUNCIL MINUTES January 16. 1990, 5;30 P.M. Mickey Thompson Off-Road Championship Gran Prix Day, January 20, 1990, Kiwanis Week in Anaheim - January 21-27, 1990. The preceding proclamations will be presented at a later date. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,206,660.68, in accordance with the 1989-90 Budget, were approved. WAIV~g OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 90R-28 through 90R-30, both inclusive, for adoption; Ordinance No. 5089 for introduction and Ordinance No. 5087 for adoption. Councilman Pickler moved to waive the reading in full of the resolutions and ordinances. Councilman Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Ptcklek, seconded'by Councilman Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Pickler offered Resolution Nos. 90R-28 through 90R-30, both inclusive, for adoption; and Ordinance No. 5087 for adoption. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk M~nagement: a. Claim submitted by C and C Printing for property damage sustained purportedly due to actions of the City on or about November 20, 1989. b. Claim submitted by Tony M. Ronqulllo for property damage sustained purportedly due to actions of the City on or about November 14, 1989. c. Claim submitted by Mitchell Wasden for bodily injury sustained purportedly due to action~"of the City on or about May 19, 1989. d. Claim submitted by Charles Holt for bodily injury sustained purportedly due to actions of the City on or about December 17, 1988. A2. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held November 9, 1989. Receiving and filing minutes of the Community Services Board meeting held November 9, 1989. 57 45 City Hall. Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M. A3. 107: Approving a Notice of Completion of the construction of Neighborhood Preservation Area II by Fecit Strata, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 175: Approving a Contract Change Order No. 1 in the amount of $32,285 in favor of Valverde Construction Company, Inc., for the installation of an 8" watermain on Kathryn Drive between Lincoln Avenue and Ranchito Street - 1989/90 Watermain Improvements City Wide. A5. 158: Authorizing payment of $686,000 to Robert B. Ewing and and Michael E. Ewing pursuant to agreement on file for modifications to their building located at 841 and 851 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-59, R/W 3500-60, and R/W 3500-61). A6. 170/123: Approving the Final Map of Tract No. 13267 and Subdivision Agreement with Baldwin Building Contractors, said tract being located on the northwest corner of Serrano Avenue and Marblehead Way. (In connection with the Summit of Anaheim Hills Specific Plan 88-2.) A7. 170/123: Approving the Final Map of Tract No. 13460 and Subdivision Agreement with Baldwin Building Contractors, said tract being located on the northwest corner of Serrano Avenue and Rexford Lane. (In connection with the Summit of Anaheim Hills Specific Plan 88-2.) A8. 149/142: ORDINANCE NO. 5089 (INTRODUCTION) Adding a new Subsection .2440 to Section 14.32.190 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to parking and stopping (no parking any time on Weir Canyon Road, on both sides, from the North City Limits to the South City Limits). Ag. 160: Accepting the low bid of GMC Truck Division, in the amount of $32,982.13 for one 24,800 GVW cab and chassis flat bed truck with hoist and side lift to be used by the Parks Department, in accordance with bid #4781. Al0. 160: Accepting the low bid of L. N. Curtis and Sons, in the amount of $21,667.57 for turn out coats and pants to replace worn and damaged uniforms for the Fire Department, in accordance with bid #4778. All. 153: ~ESOLUTION NO "90R-28 Amending Resolution No. 89R-365 which established rates of compensation for classifications designated as supervisory by adding upgrade to the positions of Community Services Supervisor and Recreation Supervisor, effective January 5, 1990. RESOLUTION NO. 90R-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDINC RESOLUTION NO. 89R-365 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. Al2. 153: RESOLUTION NO. 90~-~9 Approving a Letter of Understanding with the Anaheim Fire Fighters Association, Local 2899, amending Article 52, pertaining to Uniforms and Laundry. 58 46 ' C~ty Hall. Anaheim. California - COUNCIL MINUTES - January 16. 1990, 5;30 P.M. gESOLUTION NO. 90R-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM FIRE FIGHTERS ASSOCIATION, LOCAL 2899, AND THE CITY OF ANAHEIM. Al3. 153: RESOLUTION NO. 90R-30 Approving two letters of Understanding with the Anaheim Municipal Employees Association, General and Clerical units, pertaining to the use of sick leave for family illnesses. RESOLUTION NO. 90R-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TWO LETTERS OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION PERTAINING TO USE OF SICK LEAVE FOR FAMILY ILLNESS. Al4. 123: Approving a Fifth Amendment to Agreement with Ball-Taft Medical Clinic increasing the cost of professional services for pre-employment medical examinations, and to continue said contract on a month-to-month basis. Al5. 123: Approving an Affordable Housing Agreement with Newport Pacific Realty and Investment Corporation, for two (out of 12) affordable condomini.um units on property located at 3333 West Ball Road (in connection with Variance No. 3794). Al6. 123: Approving an Affordable Housing Agreement with Brookhollow Apartment (Anaheim) Associates for a number of affordable units from the total number of units constructed, which will be either 176, 220, or 228 depending on the final composition of the site. Al7. 178: Authorizing the Mayor to apply to the Orange County Water District (OCWD) for a $750,000 low interest loan to construct Well No. 47 at Brookhurst and Crescent Streets, as recommended by the Public Utilities Board at their meeting of January 4, 1990. Al8. 175.123: Approving an agreement with James M. Montgomery Consulting Engineers, Inc., in the amount of $329,862 for engineering services for the rehabilitation of the La Palma Pump Station Project, as recommended by the Public Utilities Board at their meeting of January 4, 1990. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the dity Clerk. ~Resolution Nos. 90R-28 through 90R-30, both inclusive.) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. MOTION: Councilman Pickler offered Resolution Nos. 90R-28 through 90R-30, both inclusive, for adoption. Refer to Resolution Book. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter None None 59 City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M. The Mayor declared Resolutions Nos. 90R-28 through 90R-30, both inclusive, duly passed and adopted. END'OF CONSENT CALENDAR. Al9. 108/142: ORDINANCE 5087 - CONCEALABLE FIREAP~S AND RESOLUTION FOR FEE ESTABLISHMENT: Adding new Chapter 4.98 to Title 4 of the Anaheim Municipal Code relating to the retail sale of concealable firearms. The Ordinance was introduced at the meeting of January 9, 1990. (This item was removed from the consent calendar for discussion at the request of members of the public.) Submitted was report dated December 13, 1989 from Chief of Police Joseph Molloy, recommending adoption of the Ordinance and establishment of the proposed fee by resolution. Mayor Hunter, noting that there were many people in the Chamber audience on this item asked if anyone wished to speak. T. J. Johnson, 862 Granite Circle, Anaheim 92806. He is an FFL (Federal Firearms License) holder and an NRA (National Rifle Association) certified instructor. He has a business license in Anaheim and teaches handgun safety courses. He gives his students an opportunity to purchase guns at wholesale at the end of their training. The exorbitant fee will prohibit him from providing this service to his students. He questions the City joining leagues with Attorney General Van de Kamp. There is no need for the Ordinance. It unfairly taxes the small businessman like himself. He urged the Council to stop all further consideration of the Ordinance. City Attorney Jack White. He confirmed for the Mayor that the State Attorney General has mandated the proposed change. Penal Code Section 12071 revised approximately two years ago requires that every City in the State process retail sale gun license applications for businesses engaged in the business of selling guns. This is not an ordinance that applies to individual gun ownership. State law provides that every City must have a procedure tq. process and approve licenses for businesses that sell guns at retail. The City does not have discretion in this matter since it is State mandated. The Attorney General did not adopt the statute. It was adopted by the State Legislature and the Attorney Cenaral i~sued an opinion indicating it was mandatory and not optional. The City does not have the discretion whether or not it receives and processes these applications. The only discretion the City has is (1) who actually processes the licenses and (2) the amount charged for processing the license. The $200 amount was derived through the Police Department by determining the cost of processing and possibly a comparison with other cities as well. 6O 48 Hall. A~aheim~ California COUNCIL MINUTES January 16, 1990, 5:30 P.M. Lt. Wade, Anaheim Police Department. By law they are only allowed to recover what it costs them to administer the program and it was determined that $200 covered that cost. The City presently is in the process of looking at City fees through its consultants, Grifftth Associates, who will be submitting a report to the Council. The consultant felt the $200 amount covers administrative costs but as soon as the report is complete, the Council can make a decision whether the fee should be more or less. Councilman Ehrle. The City Treasurer's Business License fee is $17. There is a big difference between $17 and $200 covering approximately 60 vendors. He will not support the $200 fee but will support the Ordinance since it is mandated. If the City Treasurer can process the licenses cheaper than the Police Department, he feels that would be better. Glenn Clover, 825 South Valley Street, Anaheim 92804. He clarified that the present business license fee is now $21. He has three major points. The City Attorney indicated the Ordinance is not discretionary. The State penal code does not mandate what division of the City should issue these licenses. Placement of the license under the jurisdiction of the Police Department is not appropriate. FFL holders are law abiding citizens or would not have applied for their license from the Federal Government in the first place. Secondly, the Police Department has enough to do without administering business licenses. Third, he feels uncomfortable with a Police administrative agency being in control of firearms in any way. In the Ordinance, there are no specific criteria given for approval of the license or any indication what the licensing authority is to use as criteria in issuing the license. Without criteria, the licensing process could become subjective and discretionary on the part of the licensing authority. The State Penal Code in Section 12070 makes an exception for persons involved in the infrequent sale or transfer of handguns. The proposed Ordinance does not include the exception and this should be appropriately added. (See Hr. Clover's extensive four page letter 'dated January 15, 1990, previously submitted, outlining his concerns in detail - made a part of the record). Later in the meeting, h~ asked that th~ 0rdinanc~ b~ r~mov~d from the Consent Calendar for further reconsideration and review. Cathy Tolley, 862 Granite Circle, Anaheim. She feels the City is succumbing to Attorney General Van de Kamp's anti-gun desires; Mayor Hunter interrupted and clarified that the applicable sections in the Penal Code were adopted by the Legislature. Ms. Tolley continued that they were adopted in 1953 and had never been complied with until Mr. Van de Kamp decided to put his thumb down. The City has the ability, before 61 49 City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. applying the law, to know who the FFL holders are in the City. That means to her the whole Ordinance is superfluous. The City has the information if it is needed. Anyone who wants to obtain an FFL License must go through State and Federal requirements. It is redundant for the City to have that information and it is already at the City's disposal. She urged the Council to talk to Mr. Van de Kamp, include the revisions mentioned earlier and in any case $200 is an excessive amount for the information City Hall already has gotten for free. Michael Hamm, 520 South Concord Place, Anaheim. He does not like to see the City passively going along with what the State Attorney or Federal people are saying because he believes their opinion has to do with their own internal bias. He also clarified that the word infrequent was used in the Penal Code. Tom McBride, 2540 E. Belmont Court. They pay property taxes and business license fees. For the City to pay $1200 to process all these fees for the amount of business the gun dealers generat.e is a trivial amount of money, but $200 to a small businessman is a very large amount of money. Ronald M. Stevens, 203 South Topal. On behalf of the National Environmental Hunters, a hunting group located in Anaheim, they are totally against the proposed Ordinance. They are also all NRA members. They are present to find out who they will be voting for and campaigning against. Ed Hunter, 2337 Manchester. The Ordinance, as read, has "holes" in it. He urged the Council to vote tt down until significant amendments are made to where it is acceptable. Ed Werley, Director of Citizens for Constitutional Integrity. When the City issues one of the gun dealers a business license, he is already being issued a license. The proposal is issuing a license on a license. Any person who sells firearms has to have an FFL license. He suggested that they tell the Attorney General that the license is issued by issuing a City business ltdense. It is the same thing. They cannot transact business without a business license. This is more bureaucracy on top of bureaucracy. Mike McAfee, 1727 Glen Oaks. He is currently a gun dealer in Anaheim. When he applied for a City business license, it specifically states he is a weapons dealer. It is already covered. He agreed this is a license on top of a license. Police Chief Molloy. Answering Councilman Daly, he stated, as the City Attorney pointed out, the Ordinance being proposed is mandated by the State. Relative to the fee, it is based on what the administrative costs are to process the license. When the 62 City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M. new fee schedules are adopted, perhaps the consultant may suggest that $200 is too much but he (Molloy) feels it will remain in the $200 range. It would be a Council decision at the time. The consultant will be submitting the schedule to the Council in approximately a month. Councilman Pickler. He suggests that the Ordinance be sent back to Staff to take a closer look in view of the input today and subsequently have the City Manager and Staff report to the Council the first week in February. City Attorney White. This is a separate license from the normal business license tax. Normal business licenses are non-regulatory in nature and are only for the purpose of raising revenue and are issued to anyone who applies. They cannot be revoked. The subject license is not discretionary in issuance other than if the conditions listed in the Penal Code Section have been breached by an existing licensed dealer. The license can then be declared forfeited or revoked by the person who issues it. Councilman Pickler. His question is whether the Police Department or the City Treasurer will handle the process. wanted to know if it is something the Treasurer could do. He City Attorney White. He would rather have an opportunity to confer with the Police Chief or have him respond. He is not sure Staff would ever be able to bring back any recommendation saying that this is absolutely the way they would have to go. It will always be a question of the Staff's opinion as to the best way to administer the requirement. Vesting the power in the Police Chief is the best way to go as far as Staff's recommendation to the Council. It is probably not the only way. He reiterated that the license is revokable or forfeitable if certain conditions are not met and those are the types of conditions that are typically within the knowledge of the Police Department or investigated by them, rather than the Treasurer's Office. Staff can do whatever the Council wishes. Mayor Hunter. He feels the Ordinance should be enacted tonight; however, he wants to make sure the verbiage is the same as that in the Penal Code especially relative to infrequent males so that the City Ordinance is not in conflict. After additional brief discussion, Councilman Pickler moved to continue Ordinance No. 5087 and the Resolution establishing fees to Tuesday, February 6, 1990, with additional information to be submitted by Staff in view of the input received today. Councilman Hunter seconded the motion. MOTION CARRIED. 164. PUBLIC HEARING - ESTABLISHMENT OF RIVIERA MOBILE HOME PARK/FUJISHIGE PROPERTY STORM DRAIN ASSESSMENT AREA; To consider a resolution establishing 63 City Hall, Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. the Rtvera Mobile Home Park/Fujishtge Property Storm Drain Assessment Area and the allocation of costs being $105,973.53 (33%) and $215,158.38 (67%) to the Riviera property and FuJishige property, respectively; establishing storm drain fees and approving a Reimbursement Agreement with Magnolia Realty Investments. Submitted was report dated December 14, 1989, from the Director of Public Works/City Engineer Gary Johnson recommending approval of the subject assessment area and related actions. City Clerk Sohl announced that Staff is requesting the Council to continue this item to Tuesday, February 6, 1990. MOTION: There being no one who wished to speak at this time, Councilman Hunter moved to continue the hearing on the subject storm drain easement area to Tuesday, February 6, 1990 at 5:30 p.m. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 123/101: ACQUISITION OF REAL pROPERTY - KTG PARTNERS PARCELS: Submitted was report dated January 16, 1990 from Robb ZurSchmiede, Property Services Manager, recommending that the agreement for acquisition of real property (escrow instructions) regarding KTG Partners Parcels be approved along with authorizing related actions after waiving the posting provisions of the Brown Act. City Attorney White. The reason this item is not on the printed agenda is due to the fact that issues relating to the acquisition were resolved only yesterday after the agenda was prepared and posted. It is necessary that the Council act on this tonight as opposed to waiting for the next regular Council meeting. It will enable the City to complete acquisition at the currently negotiated price. MOTION: Councilwoman Kaywood moved to waive the 72 hour posting provisions of the Brown Act. Councilman Hunter seconded the motion. Councilman Pickler voted no. MOTION CARRIED. Councilman Fickler. Relative to interest earned, he wanted to know if that interest would go back into the General Benefits fund. Gi=y Attorney White. He answered no. It is his understanding it iS 0nly the principal. That is the reason why the escrow may be extended for a period of time in order to maximize to the last possible day the interest being earned in the General Benefits Fund. The amount paid back from Certificates of Participation would be the principal amount which would not include interest payable back for that period of time, which will be about one or two weeks. Relative to paying back the interest, to his recollection, the way Certificates of Participation are structured, they were not structured in that manner. 64 CSty Hall. ~paheim. California - COUNCIL MINUTES - January_ 16. 1990, 5;30 P.M. MOTION: Councilman Hunter moved to (1) approve agreement for acquisition of real property (escrow instructions) with KTG Partners,for property located at 2601, 2605 and 2621 Katella Avenue (2) appropriate and authorize an expenditure of up to $3,000 from the City General Benefits Fund if required to extend the closing of escrow, (3) authorize expenditure of $2,360,000 to complete the acquisition from the General Benefits Fund to be reimbursed from proceeds from a Certificates of Participation issue and, (4) authorize the City Manager or his designee to complete the acquisition and to execute all documents as may be necessary to complete the transaction. Councilman Daly seconded the motion. Councilman Pickler voted no. MOTION CARRIED. 134/179/179. PUBLIC HEARING - CEOA NEGATIVE DECLARATION (READVERTISED), GENERAL PLAN AMENDMENT NO. 272 (READVERTISED). RECLASSIFICATION NO, 89-90-23 (READVERTISED). WAIVER OF CODE REOUIREMENT (READVERT~SED), CONDITIONAL USE PERMIT NO. 3214 CREADVERTISED): OWNER: JAFARJAHANPANAH 520 North Rexford Drive Beverly Hills, California 90210 AGENT: Ronald J. Crowley 1700 Raintree Road Fullerton, California 92635 LOCATION/REQUEST: The property is located at 1585 West Katella Avenue. The request is for a change in zone from RS-lO,000 to RM-2400. Petitioner requests an amendment to the Land Use Element of the General Plan proposing a redesignation from the existing Commercial Professional designation to the Low-Medium Density Residential designation. To permit a 24-unit, RM-2400 condominium complex with waivers of maximum structural height, minimum building setback, minimum recreational leisure area, and maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 272 DENIED (PC89-295, Reclassification No. 89-90-23 DENIED (PC89-296), Waiver of code requirement DENIED, Conditional Use Permit No. 3214 DENIED (PC89-297). Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilman Ehrle at the meeting of December 12, 1989 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Published in ~he Anaheim Bulletin, January 4, 1990. Posting of Property, January 5, 1990. Mailing to property owners within 300 feet - January ~, 1990. STAFF INPUT: See Staff report to the Planning Commission dated December 4, 1989. APPLICANT'S STATEMENT: Bob Mickelson, 382 North Glassell, Orange. The project was started under an older set of requirements. The code has since changed and Mr. Monshizadeh has attempted to amend the plans to 65 City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M. bring them into closer compliance with the new codes. There was less central common open space required initially and it has been raised from 370 + to 500 and now it is about 600 but still short of the 750 square feet per unit required. There were compact parking spaces allowed initially. The Ordinance adopted during the process does not allow compact spaces. In summary, they are presenting a plan which comes much closer to the City's new Ordinances but yet is relying to some degree on the ones in effect at the time the project was initially submitted. The plan is now slightly revised. Councilwoman Kaywood asked if Staff had seen the revised plans; Mr. Mickelson answered that he did not believe so. Councilwoman Kaywood. She is concerned that again something is being presented to the Council that is new and different and Staff has not had the opportunity to review it and advise the Council accordingly. Bob Mtckelson. The change is minor in terms of the over-all plan but significant in the improvement it makes. Working from the posted plan, he explained the change, showing how one of the units was taken out of the central area and moved to another portion of the property. The units were "slipped forward" to match the setback proposed in the area, creating a larger, more central area. PUBLIC DISCUSSION IN FAVOR: Joseph R. Bryan, 1582 West Sumac. He has been fighting the project since 1979 but tonight he is speaking in favor. The neighbors have been working with the developer all along. At the outset they were adamant about not allowing a motel or apartments. When the Ordinance was changed to allow condominiums, the developer discussed that with the neighbors. He has no problem, nor do the rest of the neighbors with the proposed project. Concessions have been made on both sides. The developer has been amenable to the requests of the residents. The developer was going to build the back units with the patios facing the residents back yards, which the residents · felt was inal~propriate. The developer has agreed to turn the building around so that the bedrooms face the residents. The trash containers are now in the front area. They also want an eight foot block wall since his neighbor to the east has a swimming pool. The wall would be in their favor. The neighbors are comfortable with a condominium complex. PUBLIC DISCUSSION IN OPPOSITION: Hutch Hutchinson, Success Properties, 2899 Baker, Costa Mesa. He is present representing Carl Hermastllo, the owner of the office building directly to the east, James Frieze, the home behind the complex and the buyer of both the properties, Mr. Chou. He is also acting under Power of Attorney for them tonight. He talked to everybody in the area and they all 66 City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 welcome development. The Chiropractor to the east is going to be retiring and that property will also be up for development. The property on the west is also on the market. They are all zoned commercial-professional. With the proposed project sandwiched in, it will greatly effect the value of the adjacent properties. They are trying to work out something where they could build together with Mr. Monshizadeh but they could not come to an agreement. The amount of money Mr. Chou is paying for the property does not set into the condominium project theme. With the setback that the properties have, it would almost negate any building on any of the adjacent parcels due to the setbacks from residential properties. On behalf of himself and the people he is representing, he is asking that the Council deny the project until they can get something that will fit the whole neighborhood - something everybody will be comfortable with and not just one owner. Bob Copy, Real Estate Broker, owner of Copy Realty at 1351 East Chapman, Fullerton. He is representing his client, Dr. Lynn,. who owns the nursery directly west of the proposed project. When the property was purchased, they relied upon the Commercial-Office designation. Over the years different developments have been proposed. When they develop, they will be back arguing the points of commercial use next to R-1. He urged that the Council keep the property zoned commercial. Bill Droessler, State Farm Insurance, 1598 West Katella, across the street from the proposed development. He feels the whole area is zoned for business. They have been trying to keep it for business and not for residential. SUMMATION BY APPLICANT: Bob Mickelson. Mr. Monshizadeh has tried commercial enterprises that were not acceptable. He finds that residential condominiums are not only acceptable but supported by the neighbors to the rear and he wishes to proceed in that manner. Councilwoman; Kaywood. She posed questions to Massoud Monshizadeh,"who explained that they have previously proposed condominiums to the rear with commercial in the front portion but that was not acceptable. The existing zoning on the west is RM-IO,O00 The people on the east have come tO talk to him regarding land assembly but they want him to work for them free. The want a free driveway. Mr. Hutchinson has called his house. His conversation was if he (Hutchinson) had a business proposal he would talk with him but up to this moment he has not seen any kind of proposal Councilwoman Kaywood. In the past, the Council has worked to get land assembly in this area to do one good project rather than a number of poor projects but such land assembly never 67 City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M. materialized. The frontage on Katella is not suited for a living environment. There could be high people density with the proposed plan since the family room could become a fourth bedroom. Compact parking spaces are no longer permitted. She has a problem with over building the parcel. If all the parcels to the east are looking to come together for a commercial project, having commercial on both sides of residential is not the best way to go. She would like to have the hearing continued and in the interim have the parties meet to see what can be worked out. Bob Mickelson. He asked for clarification on two conditions condition 3 states all private streets shall be developed in accordance with Engineering Department Standard 122 which calls for sidewalks on both sides of the entry street. Anntka Santtlahti, Zoning Administrator. She clarified it does require the installation of sidewalks. Every unit shall have access to a sidewalk in some manner to Katella Avenue. To that extent, there would have to be something on either side. It is outside the minimum road dimension for a private driveway. The plans do not show it. Bob Mickelson. Mr. Monshtzadeh is asking that the plan be approved as shown. He has built a nearly identical concept on Broadway. It does not have the sidewalks but it does have the street width. The other is Condition 11 asking for a turn around area for the Fire Department. He is not sure the h-mmerhead situation midway and at the rear would suffice but would like clarification whether it requires revising the plan. Annika Santalahtt. The wholly satisfactory solution to that is a cul de sac with a 32 foot radius. The Fire Department has accepted T's and various configurations with certain minimum dimensions. Bob Mickelson. Mr. Monshtzadeh is requesting that his site plan be approved as presented. Councilman ~tckler asked for clarification if that coincides with what Staff wants. Annika Santalahti. Relative to the bmmmerhead, Staff has accepted that before but she is not certain if the dimensions of the 'T" and lead in are wide enough. It has to be acceptable to the Fire Department. Another point she would like to make is concerning the change that occurred in the Code. One of the changes was that parking space dimensions were modified and eliminated small car spaces. The original plan showed small car spaces. If approved, Condition 26 needs to be modified to specify that all parking space dimensions satisfy Code as well as engineering standards and that there be no small car spaces. 68 City Hall, Anaheim. Galifornia- COUNQIL MINUTES - January 16, 1990, 5;30 P,M. If they want small car spaces, they would have to file a separate variance because that has not been advertised. As of today, the new Code is in effect. The plans would have to be modified if the Council approves them. She then clarifte4_for Councilman Daly that she believes three waivers are still required - structural height, minimum setback and minimum recreational leisure area. The Commission in denying this was concerned that they had just recently adopted the RM-2400 condominium proposals which allows more than the RM-3,000. Councilwoman Kaywood. She feels it would be inexcusable to go from RS-lO,000 down to RM-2400 with 3 waivers still being requested, especially with no setback. The City pays a great deal for right of way. It is not acceptable to have a building directly on the street. The proposal is 0 to 22 feet and having the trash container on the street is terrible. Annika Santalahtt. The developer is required to provide a small curb cut radius in order to go into the trash enclosure but it will cut into the recreational-leisure space. Councilman Daly expressed his concern with the location of the trash container not only because of the distance tenants would have to walk to get to it, but more importantly he is concerned with the trash bin facing Katella, Just a couple of blocks from Dtsneyland. He questioned how a site plan could be conceived that puts trash out on to Katella. After further discussion between Council Members and Mr. Monshizadeh with input from Staff, Councilman Daly stated he does not know why they are paying professional Staff if they do not allow them to look at plans before they come to the Council for approval. He wants input from the Fire Department and Sanitation and all the specialty areas in the City. He would be agreeable to continuing the hearing to give Staff time to review the new plans and subsequently give their comments and professional evaluation. The basic concept seems sound but he wants to giqe Staff the courtesy of reviewing the proposal. Annika Santalahti. Her concern is that the site is very "tight" and to start moving the trash area onto the site from the front setback will involve an area that might involve the building. Th. change from the eight small car spaces might reduce the unit count. She is concerned they may end up with one less unit which might not be acceptable to the developer. Also, relative to the sidewalk situation, there should be access from all the units to the public street without having to walk down a 20 foot wide roadway, i.e., private sidewalk from all units. 69 City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. MOTION: Councilman Hunter moved to continue the subject public hearing to Tuesday, February 6, 1990 at 6:00 p.m. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 179, ~UBLIC HEARING - WAIVER OF CODE REOUIREMENT , CONDITIONAL USE pER~/T NO. 3219 AND NEGATIVE DECLARATION: OWNER: IMPERIAL PROPERTIES 4188 Pullman Avenue Costa Mesa, California 92626 AGENT: Richard Ornstein c/o Coldwell Banker residential Real Estate 2475 North Tustin Avenue Orange, CAlifornia 92665 LOCATION/REQUEST: The property is located at 5753 Santa Ana Canyon Road, Suite "A". The request is to permit a gourmet take-out restaurant with outdoor seating and on-sale beer and wine. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3219 GRANTED (PC89-307), 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 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin January 4, 1990. Posting of property 3anuary 5, 1990. Mailing to property owners within 300 feet - January 4, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 4, 1989. APPLICANT'S STATEMENT: Dick Ornstetn, 6075 Brighton, Anaheim. He is affiliated with Coldwell Banker and is representing the client/applicant who is requesting the subject Conditional Use Permit. The location is within the confines of the Canyon Plaza Shopping Center in the western portion in a suite approximately 1500 square feet counting the exterior space, immediately adjacent to the Foxfire Restaurant. Since the center did not have a current parking study, his client contracted with Pringle and Associates who did the study which showed that there would be a negligible impact on both parking and traffic due to the location of the business within the center. One of the reasons that site was chosen in the center, there was minimum parking congestion and a maximum surplus of available parking. Immediately behind the location there are approximately 10 parking spaces which are not even used at this time. The Prtngle study indicated that worst case 70 City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. scenario for a business of this type and size would require approximately 22 parking spaces based on a 1500 square foot size with 18 spaces per 1000 square feet. The study showed at peak demand, immediately available to this location there are 28 spaces that could be utilized and another 24 adjacent to that. Within that immediate area there is adequate and available parking. Yves Masquefa, applicant, 3081 Brea Boulevard, Fullerton. He is trying to open up a small French-Italian gourmet take out restaurant, very small, with minimum seating and beer and wine only. Answering Councilwoman Kaywood, who expressed concern about parking and outdoor seating, Mr. Masquefa explained they are going to be putting in a planter box with waist high trees around the area. It is a covered area and not a great deal of wind blows in that particular corner of the center. The wind will not be a problem. Linen instead of paper will also be used. Councilman Pickler. He was concerned about parking but it has been shown there will be no problem. 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 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-31) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-31 for adoption, granting Conditional Use Permit No. 3219, subject to City Planning Commission conditions. 'Refer to Reso'tution Book. RESOLUTION NO. 90R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTIN~ GONDITIONAL USE PERMIT NO. 3219. Roll Gall Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution NO. 90R-31 duly passed and adopted. 71 City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M. 179. PUBLIC HEARING - VARIANCE NO, 4008, CATEGORICALLY EXEMPT, CLASS 3; OWNER: GEROLDINE JEWELL, EXECUTOR, ESTATE OF ALFRED STECHERT 6111 East Via Sabia Anaheim, California AGENT: Michael Frazier 18200 Yorba Linda Boulevard, #201 Yorba Linda, California 92686 LOCATION/REQUEST: The property is located at 6111 East Via Sabia. The request is for a waiver of minimum lot width to establish a 3-lot subdivision ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4008 GRANTED (PC89-304). HEARING SET ON: A letter of appeal was submitted by the Agent, Michael Frazler, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin January 4, 1990. Posting of property January 5, 1990. Mailing to property owners within 300 feet - January 4, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 4, 1989. APPLICANT'S STATEMENT: Michael Frazier, 18200 Yorba Linda Boulevard, Suite 201, Yorba Linda, Architect for the project. Two items were added to the Conditions of Approval of the Variance. At the Planning Commission hearing, one of the neighbors who lives across the street, Dr. Droskthar made an objection to the number of driveways exiting from the property onto Via Sabia which is a cul de sac street. Concern was also expressed over the impact of construction vehicles on Via Sabia. The Planning Commission in their final decision then added to Condition No. 18 of the Variance, "...provided however, that there shall be only one access/driveway onto Via Sabia..." and added Condition 22, "...that co~Struction vehicles and heavy equipment shall be prohibited from Via Sabia..." He has subsequently spoken to the neighbors and they are all in favor of the two driveway design as represented by the drawing posted on the Chamber wall. Previously there was only an Engineering drawing for the Parcel Map of the three lot subdivision. None of the driveway locations were indicated because they had not designed the dwellings or driveway approaches. Subsequently they have had time to design and discuss with the neighbors the conditions of the cul de sac and landscaping which is very abundant on the site. They are going to preserve every tree and shrub. They would like to have the Conditions eliminated that do not allow them to have two driveways from Via Sabia. 72 City Hall, Anaheim. California COUNCIL MINUTES - January 16, 1990, 5;30 P.M. Joel Fick, Planning Director. The condition was largely inserted because of interest from the neighbors. If that notion has been withdrawn, it is not a problem from an engineering standpoint. That could be modified if the objection is withdrawn and is no longer a concern and that driveway locations prior to the issuance of a building permit be subject to the approval of the Traffic Engineer. Paul Singer, Traffic Engineer, has indicated the two driveways will not be a problem. Michael Frazter. Relative to no construction vehicles on Via Sabia, it is an extraordinary encumbrance At the time, they looked at Via Montanera, the other street and limited construction vehicles to that street. It is impractically narrow. Construction vehicles will have a difficult time entering there. They need access from Via Sabia. No construction vehicles will do damage to or be left on the street and they will comply with all grading restrictions of the city. PUBLIC DISCUSSION: Jean Spence, 6120 Via Sabia. She lives across the street from the proposed project. She agrees with Mr. Frazter. It was "paranoia" on the part of some of the neighbors when they first saw there were going to be two more driveways on via Sabia. She has had several discussions with Mr. Frazter and they do agree that there is no problem with having two entrances on Via Sabta. Her only concern, they are 34 home owners who have to belong to the Homeowners Slope Association to maintain the slopes. She is a Board Member of the Association and although she is not asking that the three new home owners belong to the Association, she would like to make sure they are required to maintain the slopes in the same manner as the other homeowners in that they comply with the same CC&Rs. Joel Fick. At the time the subdivision is presented to the City, the City Engineer's standard practice is to impose conditions like that for the slope maintenance both for aesthetic purposes and for the slope's stability as well. Those conditions would be imposed during subdivision of the property. Typically, they would not have to belong to the Association and the Development would be required to maintain their own slopes within the subdivision. Michael Frazier. They are very concerned about appearance and will be imposing CC&Rs in compliance with the City and in view of Mrs. Spence's comments will try to make those commensurate with those of the present homeowners. COUNCIL ACTION: There being no further persons who wished to speak either in favor or in opposition, Mayor Hunter closed the public hearing. 73 City 8al~, Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. Anntka Santalahti, Zoning Administrator. The ultimate outcome will be a Parcel Map. In connection with that, there will be an initial study for a negative declaration and it will be advertised. The neighbors could attend the hearing before the City Engineer and remind somebody of their concern. They will be getting another notice. On motion by Councilman Hunter, seconded by Councilwoman Kaywood, the City Council determined that the proposed activity falls within the definition of Section 3.01, Class 3 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. W~IVER OF READING - RESOLUTIONS: The title of the following resolution was read by the City Clerk (Resolution No. 90R-32). Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 90R-32 for adoption, granting Variance No. 4008, subject to City Planning Commission conditions... RESOLUTION NO. 90R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4008. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter. None None The Mayor declared Resolution No. 90R-32 duly passed and adopted. 179, PUBLIC 8EARING - CONDITIONAL USE PERMIT NO. 1564 AND NEGATIVE DECLARATION: OWNER: HUISH FAMILY FUN CENTERS, INC. Attention: Court Huish 33208 Pasco Cerveza, Suite C San Juan Capistr~no, California 92675 LOCATION/REQUEST: The property is located at 1041 North Shepard Street. The request is to consider revised plans to include construction of a miniature golf course, maze field and battle tanks and relocation of parking spaces for a previously approved amusement center. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 1564 GRANTED (PC89-301). Negative Declaration approved. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler and public hearing scheduled this date. 61¸ 74 City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin, January 4, 1990. Posting of property January 5, 1990. Mailing to property owners within 300 feet - January 4, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 4, 1989. APPLICANT'S STATEMENT: Court Huish, 33208 Pasco Cerveza, San Juan Capistrano. He is present to answer questions. He explained for Councilwoman Kaywood that after re-conferring with the Planning Department and the neighbors, they eliminated the miniature golf course from the proposal and it was approved by the Planning Commission without the golf course. Relative to parking, the proposal shows 155 stalls. After conferring with the Planning Department, they have since redesigned the parking and by going to the 8 1/2 foot stalls they picked up another 20 stalls and have come up with 188 stalls at 9 feet. Paul Singer, Traffic Engineer. He recommended to the Planning Commission that a minimum of 175 parking spaces be provided and that the parking plan conform to City standards. That is why Condition No. 5 was included. Councilwoman Kaywood. The recommendation from the Police Department was to deny the request because of on-going problems in the area. Court Huish. He believes it was the Traffic Division of the Police Department who recommended denial. The problem has since been rectified through the use of the Hammer-Raider Program. The streets are clear and the loiterers and cruisers are now someplace else - they are not in Anaheim on Shepard Street and Kraemer. Officer Kalik, who heads up the Program, is outstanding. They had originally requested the Police Department's help and the Program worked to solve their problem. Th. ey started about 10 to 12 weeks ago. Councilwoman Kaywood. The report submitted is dated November 30, 1989 and the Police were recommending denial at that time. Court Hutsh. The problem has been straightened out since that time. The Police Department came to the Planning Commission meeting and discussed the issue. T~e Commission voted 7-0 in favor. Paul Singer, Traffic Engineer. He explained for Councilman Pickler that, to the best of his knowledge, no particular traffic study was conducted relative to traffic flow. Uses of the subject nature generally take place after peak hours. They do not conflict with peak hour traffic useage. 75 City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. Councilwoman Kaywood. There was a "mammoth" problem a couple of years ago with cruising occupying the Police Department because it was so major. It has been alleviated since then but there is still some cruising going on. Court Huish. He reiterated through the Hammer-Raider Program, the Police started ticketing kids who were driving cars that were not legal and made it a place where kids did not want to cruise. It has eliminated the problem to his knowledge. The Police Department is anxious to keep the cruisers out of the City and it has been about three months since the problem has been eliminated. Councilman Pickler. His main concern is the traffic. It is after peak hours but he questioned the months of June through September whether there was a constant flow of people. Court Huish. They are school oriented and when school is out they are far busier. During the s,,mmmer months the kids com~ to their location with their parents. Since their parents work, peak hours are still after hours on Fridays, Saturdays and Sundays. Councilwoman Kaywood. She is going to go along with the Police Department recommendation; Councilman Pickler. His main concern has always been traffic in the industrial area and that is the reason he is going to vote against. Don Kenney, representing Camelot Golf Land, 3200 Carpenter Avenue, Anaheim, 92806. They are neighbors of the proposed site to the east. Relative to the cruising that had been there, he was appalled when he first saw it. He was equally pleased when he came back some time ago and it was gone. It had been obliterated and he was delighted. That occurred within the last three months. On that point both he and Mr. Huish agree that the problem seems to be abated. He has no problem with the addition of the tanks or the maze but he does have a question relative to ~arking. Heretofore during peak s,]mmer nights, Friday and Saturday nights, they have been experiencing people who park on the Camelot lot and go to the adjacent establishment. They have 25 or 30 unredeemed parking spaces that lead them to believe this is the case. Camelot also has vacant land they hope to develop in the near future and at that time intend to balance the parking to their needs. On the plan Mr. Huish handed him, currently there are 136 spaces. He only counted 132 but the shortfall between Mr. Fowler (property owner at 3178 East La Palma) and Camelot that exists presently is about 40 spaces or a total of 176. Adding even the 7 and 28 for the new attractions, brings it up to 211 spaces. Right now there is no problem but they are concerned in the future they mig~ht have difficulty from the standpoint of their customers and 76 City Hall, Anaheim, California COUNCIL MINUTES - January 16, 1990, 5~30 P.M. Mr. Huish's customers who might be competing for Camelot parking spaces. Paul Singer. He has not seen the restriptng plan as yet. The analysis made for the facility requires a minimum 175 spaces. Court Hutsh. They hired a parking consultant who recommended 175 spaces and they feel they can get 188 out of what they have proposed in restrtping. Councilwoman Kaywood asked if he would have any objection if they were tied into the 188 spaces; Mr. Hutsh answered no. He also clarified that they have more space for parking if needed. ENV~g0~I~gNT~ IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman 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 receive~ 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-33) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-33 for adoption, granting Conditional Use Permit No. 1564, subject to City Planning Commission conditions, including revision to conditions requiring a minimum of 188 off street parking spaces, as stipulated. Refer to Resolution Book. RESOLUTION NO. 90R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 1564. Roll Call Vo~e AYES: COUNCIL MEMBERS: Daly, Ehrle, Hunter NOES: COUNCIL MEMBERS: KayWood, Pickler ABSENT: COUI~CIL MF24B~R~: None The Mayor declared Resolution No. 90R-33 duly passed and adopted. %79. ITEMS BI - B2 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 28. 1989 - D~CISION DATE: JANUARY 4. 1990 INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 19. 1990 77 City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. B1. VARI6NGE NO. 3977 AND NEGATIVE DECLARATION: OWNER: RAYMOND G. & ESTELLE K. SPEHAR AND MARCIA ANN HALLIGAN, 6937 Avenida de Santiago, Anaheim, CA 92807. AGENT: A & E PARTNERSHIP ARCHITECTS, ATTN: TIMOTHY VIRUS, 3002 Dow Avenue, Suite 106, Tustin CA 92680. LOCATION: 5755 E. La Palma Avenue (northeast corner of Imperial Highway and La Palma Avenue) Waiver of mintmumnumber of parking spaces and prohibited roof-mounted equipment to construct a 9,500 square foot addition to an existing supermarket. (Lucky Food Center) ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 3977 APPROVED with modified conditions (ZA89-73). Approved Negative Declaration. 65 B2. VARIANCE NO. 4010. CATEGORICALLY EXEMPT. CLASS 5: OWNER: FRANK PEZZA, 1219 N. Ravenna St., Anaheim, CA 92801 LOCATION: 1219 North Ravenna Street (north of Romneya Drive) Waivers of rear yard coverage and rear yard setback to construct a room addition. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4010 APPROVED, adding two conditions (ZA89-74). END OF THE ZONING ADMINISTRATOR ITEMS. B3. ORDINANCE NO. 5088 (ADOPTION) 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. (Introduced at the meeting of January 9, 1990, Item B14.) WAIVER OF READING - ORDINANCe; The title of the following ordinance was read by the City Clerk. (Ordinance No. 5088) Councilman Pickler moved to waive the reading in full of the Ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered'Ordinance No. 5088 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5088: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFF~KRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Gall Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance No. 5088 duly passed and adopted. 78 City Hall, Anaheim, California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. B4. ORDINANCE NO. 5090 (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 89-90-18, located at 502 S. Rio Vista Street, from the RS-A-43,000 zone to the CO zone. Councilman Hunter offered Ordinance No. 5090 for introduction. ORDINANCE NO. 5090: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Annika Santalahtt, Zoning Administrator. She will provide the Council with background data by next week's meeting as requested. C%, ITEMS OF PUBLIC INTEREST: Margaret Patino, 1243 West Laster, Anaheim. Relative to the public hearing on General Plan Amendment No. 272, Reclassification and Conditional Use Permit for the property at 1585 West Katella Avenue (see Item D1 today's agenda), which the Council postponed for three weeks, she recommended that the Council look carefully at the site. If she were a perspective home buyer, she would think twice about the living 79 City Hall. Anaheim. California - COUNCIL MINUTES - January 16, 1990, 5;30 P.M. environment. There is a Palm Reader business directly across the street plus a semi-vacant shopping center which used to house a Handyman and Albertsons. At the corner of Katella and Ninth Street there is a very busy Korean Church which has a lot of traffic. She has a seat with the Housing Commissio~ Housing is important but she questions if it belongs at that site. She does not believe it is a suitable living environment. Councilman Daly. He asked if the commercial properties in the area are not doing well and this is a general planned commercial area, what is the answer? Margaret Patino. Since she was part of the Housing Element and Strategy, they wanted to eliminate mixing things up. She feels it should remain commercial because of the location. Additional discussion followed between Ms. Patino and Councilman Daly at the conclusion of which City Attorney White clarified that the comments made relative to the project will not be a part of the hearing record on the public hearing that was held earlier today regarding the property. If Ms. Pattno wishes to have her comments made a part of the record, she should be presen~ at the continued hearing to be held on Tuesday, February 6, 1990. 114/149: PARKING AUTHORITY: Councilman Ehrle. In the past week the Council had the opportunity to attend the Disneyland Press Conference where the idea of a second gate was brought forward. The Council has discussed transportation and parking extensively in the last few years, especially in that area. At one time, the city had a Transportation or a Parking Authority. He feels it is time for the City to resurrect and re-evaluate that Authority since the City has emphasized its concern with transportation and parking. Through the Authority, they can look at such things as the monorail and people mover systems. Studies are in progress even now. The Parking Authority has to be reactivated and its powers determined to see what direction they might want to take. With Council's comments and approval, he would like to direct Staff to come back in a few weeks with a recommendation relative to reactivating the parking authority. City Manager Simpson. The Authority is still in place. When it was put in place, it had funding but in the same budget year the funding was removed. Councilman P{ckler. He r~Commended that they receive a report from the City Manager's Office relative to the issue; Mr. Simpson stated he would be pleased to submit such a report. 114/181. F_J~THOUAKE PREPAREDNESS; Councilman Pickler. In the past the Council has discussed earthquake preparedness. He would like to have Bob Berg, the City's Emergency Services Specialist, give a presentation to the Council on earthquake preparedness so that they will be fully informed and in order to keep the City's citizens apprised of what is happening relative to the issue. The presentation can be made in two or three weeks. City Manager Simpson stated he would schedule such a presentation. 80 Hall. Anaheim. Cali$ornta - COUNCIL MINUTES - January 16, 1990, 5;30 P,M. 114/153. MARTIN LUTHER KING. JR. BIRTHDAY - pOSSIBLE CITY HOLIDAY; Councilman Pickler noted that Mayor Hunter mentioned the fact that the City of Anaheim does not recognize Martin Luther King's birthday. He (Pickler) asked that between now and next January that Staff look at that possibility. He likes the idea and it is something that warrants merit. He does not know if the City can afford to observe the holiday or not. Mayor Hunter. He believes that the unions have something to do with that in bargaining and negotiation sessions. City Manager Simpson. They will look at that possibility. ADJOURNMENT: Councilman Hunter moved to adjourn. Councilman Pickler seconded the motion. MOTION CARRIED. (8:32 p.m.) LEONORA N. SOHL, CITY CLERK 81