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1990/04/03City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter COUNCIL MEMBERS: Pickler CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti ZONING DIVISION MANAGER: Greg Hastings ASSOCIATE PLANNER: Debora Fank ASSISTANT PLANNER: Jonathan Borrego A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:35 p.m. on March 30, 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 Company vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. Campanula Properties Inc. vs. City of Anaheim, et al., Orange County Superior Court Case No. 61-46-64; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County SuperiOr Court Case No. 61-46-82; Los Angeles Rams Football Company, Inc. vs. City of Anaheim, et al., Orange County Superior Court Case No. 61-46-74. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. C. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:00 p.m.) 326 118 City Hall, Anaheim, California COUNCIL MINUTES o April 3, 1990, 5:30 P.M, INVOCATION: Pastor Lawrence Wilkes, Bethel Baptist Church, gave the invocation. FLAG SALUTE; Councilman Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION: Adoption of Operation "Love-A-Bear". This presentation is to be made later by Bob Young, Division Chief, Fire Operations. 119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council to be presented to Earl T. Tom Bouslog, recognizing his retirement after 35 years, 5 months. The Engineering Department extended sincere appreciation for the 35 plus years of dedicated service to the citizens of Anaheim, recognizing his retirement and wishing him well. 119: DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council to be presented to Gordon W. Hoyt at his retirement/farewell party on April 21, 1990. Mr. Hoyt served the City as General Manager of the Public Utilities Department for 25 plus years and receives the CouncilVs highest commendation and sincerest thanks on behalf of the citizens and businesses of the City who enjoy the finest in water and electrical service at reasonable rates, due in no small part to Mr. Hoyt's dedicated and professional service. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Kristen Nygren for receiving the Girl Scout Silver Award, commending her for her accomplishments leading to her receiving the coveted Girl Scout Silver Award. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and presented to Michael Ready, fourth grader at Stoddard Elementary School, congratulating him upon winning the poster contest publicizing "May Is Paint And Plant Month In Anaheim". Mayor Hunter and Council Members personally congratulated Michael. He was presented with tickets to Disneyland as well as a check for $250 for his school class to purchase art supplies. 119: PROCLAMATION: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Welcoming the General Construction Trade Expo to Anaheim May 28 June 1, 1990. Anaheim Family YMCA Day in Anaheim, April 13, 1990 Fair Housing Month, April, 1990 Kids Fitness Week in Anaheim, April 22-28, 1990 "The Great American Trash Off" Day, March 31, 1990 327 115 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P.M. David Quezada, Executive Director, accepted the Proclamation for Fair Housing Month and John Roche, Maintenance Director, accepted the proclamation for The Great American Trash Off Day. 119: DECLARATIONS OF COMMENDATION: Declarations of Commendation were unanimously adopted by the City Council and presented to Robert Langenwalter, a senior at Esperanza High School, for winning the California State Wrestling Championship in the 126 pound division and to Tony Okada, junior at Savanna High School, for winning the California State Wrestling Championship in the 132 pound division. Robert was accompanied by his coach, Chuck Bishop, and Tony was accompanied by his coach, Tom Caspari. The Mayor and Council Members congratulated both the athletes and their coaches for their dedication and achievements. MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular meeting held February 27, 1990. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,645,135.43 for the week ending March 30, 1990, in accordance with the 1989-90 budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter, seconded by Councilman Daly, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Hunter offered Resolution Nos. 90R-102 and 90R-103 for adoption and Ordinance No. 5115 for adoption. Al. 118: The following claims were filed against the City and action taken as recommended. a. Claim submitted by Sandra Nelson for bodily injury sustained purportedly due to actions of the City on or about December 26, 1989. b. Claim submitted by Barbara Johnson for bodily injury sustained purportedly due to actions of the City on or about December 26, 1989. c. Claim submitted by Tanisha Johnson for bodily injury sustained purportedly due to actions of the City on or about December 26, 1989. d. Claim submitted by Rebecca Sue Samis for bodily injury sustained purportedly due to actions of the City on or about December 26, 1989. e. Claim submitted by Roberto Serrano for property damage sustained purportedly due to actions of the City on or about February 22, 1990. A2. 105: Receive and file minutes of the Community Redevelopment Commission meeting held March 14, 1990. 105: Receive and file minutes of the Public Utilities Board meeting held March 1, 1990. 328 116 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P.M. 156: Receive and file the Crime and Clearance Analysis, Anaheim Police Department, dated March 19, 1990. 175: Receive and file Notice to Customers from Southern California Gas Company of a filing with the California Public Utilities Commission for authorization to increase total revenues collected annually beginning October 1, 1990. 105: Receive and file Minutes of the Anaheim Parks and Recreation Commission meeting held January 24, 1990. A3. 153/152: Authorizing the voluntary transfer of vacation hours to the account of Jeantine Golnazarian, Public Utilities; authorizing the retroactive use of vacation time so transferred; and waiving the provision of Article 41.2 Vacation of the Memorandum of Understanding between the AMEA General Unit and the City. A4. 128: Receiving and filing the Monthly Financial Analysis from the Finance Director for the seven months ended January 31, 1990. A5. 123: Approving an agreement between IRIS, a Professional Auxiliary of Assistance League of Anaheim, and the Anaheim Fire Department concerning "Operation Love-A-Bear"; and an additional agreement between IRIS and the Anaheim Fire Department concerning the "Senior Economic Assistance Program". A6. 169: Awarding a contract to the lowest and best responsible bidder, Vernon Paving Company, in the amount of $154,768.65 for the Richfield Road/Fee Aha Street Street Improvements. A7. 175: Accepting the improvements and authorizing the Mayor to sign and City Clerk to file the Notice of Completion for the 1989-90 Watermain Improvements, City Wide. (Valverde Construction, Inc.) A8. 170/123: Approving the Final Map and Subdivision Agreement for Tract No. 13825. Said tract is located at 207-223 Coffman Street and contains 1.298 acres divided into 2 lots in the RM-3000 zone. (Terdor, Inc., and DMST Development are the developers) A9. 123: Authorizing the First Amendment to an Agreement with Feedback Foundation, Inc., Project T.L.C., to advance the balance of allocated City funds upon execution of the amendment rather than in accordance with the previously established quarterly schedule. Al0. 123: Approving an agreement with Wilson Hentzen, Landscape Architects, in the amount of $25,675 for consultant services to develop a master plan for the golf/park maintenance yard adjacent to Oak Canyon Nature Center and Anaheim Hills Golf Course. Ail. 160: Accepting the low bid of Case & Sons Construction Company in the amount of $94,300 to paint forty-one steel cantilever sections of the roof area at Anaheim Stadium, in accordance with Bid #4814. 329 118 City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P,M, Al2. 160: Accepting the bid of G & W Electric Company, c/o Banes Associates, in the amount of $23,311.25 for ten each 15KV 200 AMP loadbreak switches, in accordance with Bid #4813. Al3. 160: Accepting the bid of Greeley Metal Fabricators in the amount of $28,040 to fabricate and install seven expansion joints at the Stadium, in accordance with Bid #4821. Al4. 160: Accepting the low bid of Case & Sons Construction Company in the amount of $89,300 for painting the rollout grandstands in the Stadium, in accordance with Bid #4815. Al5. 160: Accepting the bid of Johnson Lift in the amount of $36,968.62 for one construction type forklift in accordance with Bid #4805. Al6. 160/123: Accepting the bid of Mariposa Landscapes, Inc., in the amount of $143,474.76 for landscape maintenance services for a period of eighteen months, in accordance with Bid #4777 and further authorizing the Mayor and City Clerk to execute an agreement with said firm. Submitted was report dated March 27, 1990 from the Finance-Purchasing Division recommending acceptance of the subject bid and authorizing execution of the agreement for landscape maintenance services for a period of 18 months plus any additional services as required/authorized. City Manager Bob Simpson announced that Mr. Michael Haberberger, Service Employees International Union, Orange County Public Employee Council, representing members of the Anaheim Municipal Employees Association (AMEA) wished to speak. Mr. Michael Haberberger. Many of the members in the Parks Department think it is a good idea to contract out some of the parkway and median maintenance they currently perform so their skills can be used more effectively in other high profile parks. The biggest concern is with the way this particular project was conceived and effected. Parks Management has failed to prove the contract will result in any savings. The proposed bid amount does not include extra work items such as replacement of worn or damaged sprinkler parts, remedial landscaping and repairs because of vandalism or other unforeseen circumstances. Day-to-day responsibilities of City employees are considered extra work for the private contractor and will be done with a separate additional charg~ to th~ City which will o££~et a slgni£icant amount o£ the projected savings resulting from this contract. Parks Management did not consider reduced maintenance needs of certain contract areas which have recently been improved with new irrigation systems and lower maintenance plant varieties. The union feels accepting the bid before the Council amounts to a "shot in the dark". The failure of Park Management to require set charges or limits on the so-called extra work opens the door for significant additional charges to be added on top of the base amount of $143,000 plus for the bid. They are recommending that the Council reject the bid and direct City Management to be prepared to prove that any future plans to contract out public Services will actually save money for the City 330 114 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M, Mayor Hunter. The proposal is on a trial basis and it is not jeopardizing any jobs now or in the future. The fact that they are going to privatization does not mean that current employees are going to be "axed" or there will be layoffs. If the company comes in with additional extra charges, when it is time for contract renewal they will not be considered again. Councilman Ehrle. This is a pilot program. Other departments in the City have contracts with outside companies for services. Perhaps they will find that the contract will save the City money in the long term and in the meantime those Parks employees affected can be put to a higher and better use. He is willing to give an 18-month trial and evaluate it after that time. Councilwoman Kaywood. The subject was approved as part of the Parks Department 1989-90 budget. The funds for those contract services were included and if not, there would have been a request for three additional maintenance workers and three additional new pickup trucks. It is a good pilot program. As mentioned, many of the Park employees are in favor which they would not be if there was any threat or concern that anybody's job was in danger. Councilman Daly. He recommended that the Parks and Recreation Staff report back to the Council within six months as to what the experience is if standards are being met, if there are any additional charges the City is being requested to pay, etc. Al7. 123: Approving an agreement relating to the employment of James D. Ruth as City Manager. This item was removed from the Consent Calendar and is to be rescheduled at the request of Staff. Al8. 113: RESOLUTION NO 90R-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENTS TO THE CONFLICT OF INTEREST CODE FOR THE CITM OF ANAHEIM. Al9. 158: RESOLUTION NO. 90R-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A20. 108/171/142: ORDINAiNGE NO. 5115 - ADOPTION: AN ORDINANGE A/~ENDING ORDINANCE NO. 1052 OF THE CITY OF ANAHEIM ENTITLED "AN ORDINANCE OF THE CITY OF ANAHEIM IMPOSING A CITY SALES AND USE TAX; PROVIDING FOR THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION, OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED; SUSPENDING THE PROVISIONS OF ORDINANCE NO. 1013 DURING SUCH TIME AS THIS ORDINANCE IS OPERATIVE; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF", PROVIDING FOR A CREDIT AGAINST THE PAYMENT OF TAXES UNDER SAID ORDINANCE NO. 1052 IN THE AMOUNT OF SALES OR USE TAXES DUE TO THE REDEVELOPMENT AGENCY OF THE CITY PURSUANT TO SECTION 7206.6 OF THE REVENUE AND TAXATION CODE OF CALIFORNIA; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. 331 111 City Hall, Anaheim, California COUNCIL MINUTES April 3, 1990, 5:30 P,M, A21. 175: Accepting the construction of improvements - 16" Water Main Replacement on Brookhurst Street, Harriet Lane to Ball Road and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. (Valverde Construction Inc.) A22. 123: Approving an agreement with the Joiner-Rose Group, Inc., for consulting services associated with acquisition of a new sound system at Anaheim Stadium, in an amount not to exceed $44,500 for the system design and documentation phase, and not to exceed $10,500 for system contract administration phase. A23. 123: Approving the terms and conditions of an agreement with Carolyn Griebe and Associates to provide public relations consulting services for the Code Enforcement Division's Graffiti Prevention and Awareness Program, in an amount not to exceed $18,000. A24. 160: Waiving Council Policy No. 306, and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to Allied Enviro Engineering, in an amount not to exceed $23,840 for repair of diesel fuel tank, and clean up. A25. 160/123: Waiving Council Policy No. 306, and accepting the bid of Environmental Dynamics, Inc., in an amount not to exceed $187,655 annually for pick up and disposal on an ongoing basis of material that may constitute hazardous waste, in accordance with Bid #4763; and further authorizing the Mayor and City Clerk to execute an agreement with said firm. A26. 149/142: ORDINANCE NO. 5116 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.52 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO OVERWEIGHT VEHICLE PERMITS. WAIVER OF READING - RESOLUTIONS AND ORDINANCE: The titles of the following resolutions and ordinance were read by the City Manager. (Resolution Nos. 90R-102 and 90R-103 and Ordinance No. 5115) Councilman Hunter moved to waive the reading in full of the resolutions and ordinance. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution Nos. 90R~102 and 90R-103 and Ordinance No. 5115 for adoption. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution Nos. 90R-102 and 90R-103 and Ordinance No. 5115 duly passed and adopted. 332 112 City Hall, Anaheim, California COUNCIL MINUTES April 3, 1990, 5:30 P.M. Motions carried. END OF CONSENT CALENDAR. A27. 108/142: PROPOSED AMENDMENT TO STREET VENDING ORDINANCE: Submitted was report dated March 22, 1990 from the City Attorney, attached to which was the proposed amendment to the Street Vending Ordinance prepared at the direction of the City Council at their meeting held March 20, 1990 (see minutes that date where extensive discussion and input was received). The report outlined six changes to the current ordinance as discussed at the March 20, 1990 meeting. The proposed ordinance involves policy decisions for the City Council. Mayor Hunter. He asked if Sal Sarmiento , attorney for the vendors, was present; there was no reply. Councilman Hunter offered Ordinance No. 5117 for introduction. ORDINANCE NO. 5117: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS OF CHAPTER 14.32 OF TITLE 14 RELATING TO THE SALE OF GOODS OR MERCHANDISE BY VEHICLE. A28. 105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD TO FILL AN UNSCHEDULED VACANCY: Appointment to fill an unexpired term on the Community Services Board (Melcher) for the term ending June 30, 1990. Councilwoman Kaywood nominated Michael Rizzo; Councilman Daly seconded the nomination. Councilman Pickler was absent. There were no further nominations. Michael Rizzo was thereupon unanimously appointed to serve as a Member of the Community Services Board for the term ending June 30, 1990. A29. 161: APPOINTMENT TO THE FISCAL REVIEW COMMITTEE - ANAHEIM PLAZA REDEVELOPMENT PROJECT: Request received from Richard Keefe, County of Orange, Temporary Chairperson, Fiscal Review Committee, Anaheim Plaza Redevelopment Project, that the City Council designate a representative for the City. Councilman Daly moved that Lisa Stipkovich, Director of Community Development (Anaheim Redevelopment Agency), be designated to serve on the Fiscal Review Committee of the Anaheim Plaza Redevelopment Project. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 155/134/179: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 295, GENERAL PLAN AMENDMENT NO. 276, RECLASSIFICATION NO. 89-90-28, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3222: OWNER: GDC III, A CALIFORNIA PARTNERSHIP 242 West Main Street Tustin, California 92680 333 109 City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30 AGENT: Kent A. Spieller 1301 East Orangewood Anaheim, California 92805 LOCATION/REQUEST: The property is located at 2925 West Lincoln Avenue. The request is for a change in zone from RM-IO00 to ML. Petitioner requests amendment to the Land Use Element of the General Plan proposing redesignation from the existing General Commercial and Medium Density Residential designations to the General Industrial designation to permit an auto salvage yard with waivers of required improvement of parking areas and permitted encroachments into required yards. ACTION TAKEN BY PLANNING COMMISSION: Environmental Impact Report No. 295 NOT CERTIFIED. General Plan Amendment No. 276 DENIED (PC90-14) (7 yes votes). Reclassification No. 89-90-28 DENIED (PC90-15) (7 yes votes). Conditional Use Permit No. 3222 DENIED (PC90-16) (7 yes votes). Waiver of Code Requirement DENIED. HEARING SET ON: The decisions of the Planning Commission were appealed by Mr. Kent A. Spieller, Pick Your Part, 1301 East Orangewood, Anaheim , California 92805 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin March 22, 1990 Mailing to property owners within 300 feet March 20, 1990 Posting of property March 23, 1990 PLANNING STAFF INPUT: See Staff report to the Planning Commission dated January 15, 1990. City Clerk Sohl announced that a letter dated April 2, 1990 had been received from the applicant, Pick-Your-Part, signed by Cindi R. Galfin, Property Division Controller, Assistant Secretary, withdrawing the subject application in its entirety. City Attorney White. He confirmed there is a request by the applicant to withdraw the item. In order to meet Code requirements, it is necessary for the Council to take action on it which will require the public hearing to be opened and closed. It would not be necessary for any opponents to speak since it is being withdrawn by the project applicant. Mayor Hunter. He clarified that the project has been withdrawn and it is not necessary for opponents to speak; however, he asked if anyone wished to speak; there was no response. COUNCIL ACTION: Mayor Hunter closed the public hearing. 334 110 City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5;30 P.M, ENVIRONMENTAL IMPACT REPORT NO. 295 o NOT CERTIFIED: The City Council, after reviewing Draft EIR No. 295 along with evidence both written and oral presented to supplement this document, on motion by Councilman Hunter, seconded by Councilwoman Kaywood, does find and determine that there are certain significant unavoidable adverse impacts to the public's health and safety inherent in this use on this site which cannot be mitigated to a level of insignificance and which are not acceptable due to overriding considerations and therefore is not certifiable under the California Environmental Quality Act. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING RESOLUTION: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-104 through 90R-106, both inclusive) Councilman Hunter moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-104 for adoption denying General Plan Amendment No. 276, Resolution No. 90R-105 for adoption denying Reclassification 89-90-28 and Resolution No. 90R-106 for adoption denying Conditional Use Permit No. 3222. Refer to Resolution Book. RESOLUTION NO. 90R-104: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 276. RESOLUTION NO. 90R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (89-90-28) RESOLUTION NO. 90R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3222. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution Nos. 90R-104 through 90R-106, both inclusive, duly passed and adopted. 179/155: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3229 AND NEGATIVE DECLARATION: OWNER: NANCY BROYLES 6732 Westminster Avenue Westminster, California 92683 AGENT: Bhikubhai Patel 6732 Westminster Boulevard Westminster, California 92683 335 107 City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P.M. LOCATION/REQUEST: The property is located at 280 North Wilshire Avenue. The request is to permit a 26-unit motel with waiver of minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3229 DENIED (PC90-26) (7 yes votes) Waiver of code requirement DENIED. Approved Negative Declaration. HEARING SET ON: The decision of the Planning Commission was appealed by the Agent and public hearing is scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 22, 1990 Posting of property March 23, 1990 Mailing to property owners within 300 feet - March 20, 1990 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 29, 1990. It was first determined that approximately 50 people were present for the subject public hearing. APPLICANT'S STATEMENT: Thomas M. Jones, attorney for the petitioners, 3151 Airway Drive, Costa Mesa, California. He first referred to his six page letter to the Council of March 26, 1990, presented in a brochure also containing exhibit A, a rendering of the proposed motel and photograph showing the current use on the subject property as well as exhibits B through H containing additional related documentation to justify their appeal (made a part of the record). Mr. Jones then briefed portions of the documentation submitted highlighting the following: The proposed use of the site is a motel which will be compatible with surrounding uses; the property is located near freeway access and is close to Disneyland; the proposed use will not adversely affect adjoining land uses; a Friendship Inn on the property will be a much more attractive use than th~ ~xisting office building; the alternative of leaving the property in its present use is not good for the neighborhood, the property owner or the City; Friendship Inns operate 130 motel properties throughout the United States and their parent company operates two in Anaheim at the present time; the property is already zoned CL which would already allow a motel use; there will be adequate parking and it will be an attractive use and facade; there will be landscaping around the building; the use will generate between $15 and $20,000 revenue annually to the City for bed tax; as evidenced by the traffic study, there will be less traffic for this use than there would be for the existing office building. 336 108 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P.M. In concluding, Mr. Jones stated that looking at the concerns expressed in the petition of opposition, it does not accurately portray the Friendship Inns and the improvements that will be brought to the property - the aesthetic improvement, the additional landscaping, 24 hour security and management, etc. There will be additional value by having an on-site resident manager 24 hours a day to handle complaints, if there are any, from residents. The overall submission justifies a reversal of the Planning Commission decision to allow the granting of the petitioner's the right to build the motel. Rob Rose, Vice President, Western Region, Econo Lodge. Econo Lodge recently purchased the Friendship Inns. Their company is 21 years old. Friendship Inns have many services they offer to franchisees to enhance the business. He then elaborated on the services/amenities provided and in concluding stated that they look forward to the opportunity of being represented again in the Anaheim community with a Friendship Inn as well as representing the fine owners. Jean Nucey, Petition Management Company, an affiliate of Kimball Petition Management, Inc., the largest commercial petition management company in the state. Their company was retained to conduct a signature drive for the owners of the property, which was conducted between March 23 and April 2, 1990. Their representatives were instructed to work primarily in the zip code areas of 92801, 04 and 05. She is presenting to the Council today signatures of 1,566 Anaheim residents who favor responsible growth and the Friendship Inn Motel plan. Of the 1,566, one third are from the zip code area 92801 which is the area the property is in, one quarter from 92804 and one third from 92805. The balance is comprised of one quarter which are assorted zip codes in the City. She thereupon submitted the petitions to the Council. Christy Craig, 200 East Katella. She is speaking in support of the project and feels it would be beneficial to the area. Anaheim is in need of hotels and motels. The location is great and is visible. When new development comes in, the value of the property goes up. She explained for Councilwoman Kaywood that she is a local resident speaking in favor. She is associated with the developer, Taj Development. Ernie Wingo, he has been in the hotel business since 1944. He has studied the site. Speaking as a friend of the owners, he feels it will be a tremendous site for a new corporate type motel operation. He is not going to be the manager of the motel. Jandra Patel, President of Taj Development. They operate many other motels. The subject site is a good location. It has 337 105 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M, freeway exposure and it is not far from Disneyland. They are also concerned with security. With 24 hour management, this will protect the property. Generally, motel activity is between 4:00 p.m. and 9:00 p.m. and there is no noise after 9:00 p.m. He also has concern and sympathy with the people next door to the project. This is a proper location for a motel. He asked that the Council be reasonable and fair in their decision. Councilwoman Kaywood. She questioned relative to the 1,500 plus signatures gathered throughout the City, what possible relationship that has to the people who live behind the proposed motel who are the ones who will be most affected by it. She also asked if any of those signatures were from the single family homes on Birchmont or if any signatures were requested in that neighborhood behind the proposed motel. Jean Nucey. She does not know if they had signatures from the condominium properties. They purposely tried working door to door on local streets and local establishments. She cannot say if they had any signatures from Birchmont. Councilwoman Kaywood. She is concerned with the people immediately behind the property whose backyards abut the subject property who would be affected with a 24-hour a day, seven days a week operation adjacent to their property. They are really almost the only signatures that would make any difference in this situation. The other signatures are not of any real value. Mayor Hunter opened the public hearing. Mr. John Maceverner, J. Mac Jewelers, Anaheim Plaza. (He had comments relative to the subject project.) He is interested in any decisions made tn the Anaheim Plaza area. The new commercial development at Wilshire and Lincoln, which is not occupied, has only one tenant. He is certain developers expected the stores to be leased. If so, they would bring in much more traffic than a motel. He drives Wilshire many times a day. The businesses are failing in the commercial area on Wilshire. He does not think that the property is being used to its utmost. He does not know if a motel is the correct use. Something needs to be done along with the Plaza area. He did not realize so many people were opposed. He hopes they are not opposed to the development of the Plaza. Mr. Raymond Vanderhook, 605 North Ventura, across from the community center. (He spoke in favor of the project.) He is also a hotel-motel broker. He can vouch that the developers do a quality project. Their buildings always improve the neighborhood and real estate values. It will be a first class project and benefit the area. He is not associated with the the project. 338 !06 City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P,M, The following people then spoke in opposition. Included is a summary of their concerns. Florence Shinebloom, 278 North Wilshire. She is present representing her condominium group who are opposed to the building of a motel right next door to them. Having moved from Los Angeles where she was mu§ged, she now feels she lives in a safe environment. The motel would be right next to her apartment since she is on that side of the building. She feels this would cause an unsafe situation for her and the residents. There will be traffic with cars coming on and off the freeway. It is not a suitable area for a motel. The traffic will also affect the young children going to and from school along Wilshire. Parking will be a problem. A 24 hour use is not compatible with the area. The people who signed the petition do not live in their condominiums. Most of the residents are senior citizens, have invested their money and felt this was a place they could retire to and live their lives simply but not to be living next door to a motel. The location is not close to Disneyland. A motel would be better built in the Disneyland area and not next to their condominiums. Rickie Robinson, 1450 Birchmont Drive. Her house is located in back of the property. She is not only concerned about traffic, but also the safety of the children in the area. Another concern is decreasing property value. She is in the real estate field and knows what effect the building of a motel will have on their homes. They will draw in weekly rates and bring undesirable transients to the area. They do not need or want a motel behind their yards. Carmen McWilliams, 1212 West Pearl Street, Anaheim 92801. She was never approached to sign a petition and everyone she asked had not been approached either. The property is bordered on one side by condominiums, to the rear by single family homes and on the other side by family type apartments. To permit a motel would be wrong for the area. It is a route to school for children. It will make it unsafe for them with tenants that stay one to 24 hours and are never seen again. She understands the freeway is going to expand to cover most, if not all of Wilshire. She questioned why, then, the residents should be put in that type of atmosphere for three to five years before the freeway closes Wilshire out. She asked that the Council keep their neighborhood safe in every way by denying the application. Scott Smart, 1456 Birchmont Drive (33 years). They have had one story office buildings behind their homes for years. The noise is minimal. There is no evening or weekend activity. They strongly object to any motel on Wilshire. Privacy would become impossible and home values would deteriorate. The residents 339 103 City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P,M, on Birchmont Drive and surrounding residents would appreciate the Council's "No" vote on this project. Margaret Carter, 1224 West Pearl. She is speaking as a parent. The Disneyland-Harbor Boulevard-Katella area has luxurious hotels but has had recurring problems with prostitution. What kind of clientele is an area like Wilshire going to attract. It is not something they want in their neighborhood. Children walk on Wilshire to Adelaide Price School five times a week. She cannot see the wisdom in allowing a business that is, by its very nature transient, to open its doors directly on a route heavily used by school children. One only has to look at the posters of missing children in many supermarkets. There is no greater nightmare a parent could face. It is another worry they do not need. Don Bessels, 218 North Carleton. His children also walk to school on Wilshire. He does not agree with the argument of freeway access to get to Disneyland. He explained the route that would have to be taken to get to Disneyland. It is not that easy. He is opposed to the project. Larry Cooley, 1444 Birchmont (31 years). Theirs is, and has been, a beautiful location. He challenged the Council, asking them to picture how they would like to have a motel proposed at the back fence of their homes. Beverley Moore, 1243 West Birchmont, 92801. She has asked about eight people relative to the survey and none ever heard of it. If they had, they would have gone on record in opposition. They have a lovely neighborhood and are trying hard to keep it that way. It is a young neighborhood and on its second group of children who have grown up in the area. The children sometimes do not stay on the sidewalks. They are sure the motel is a good chain but not in that area. Hal Silberman, 1883 Lullaby Lane. When someone tells him they're going to build a motel and in so doing it will improve a residential neighborhood, he considers it an insult to his intelligence. He suggested that the Gouncil look at the area and decide if it is a residential or commercial neighborhood. Hazel Warner, 1202 Pearl. Looking at the size of the project and the fact that they want code waivers, if it belonged there, there would be no necessity for waivers. SUMMATION BY APPLICANT: Tom Jones. Staff indicated that the setback requirement was not currently complied with. If this became the only point of contention, he is sure they could negotiate a setback that would 340 104 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5;30 P,M, be agreeable. Security will increase rather than decrease with a 24 hour operation. There has been no showing that a motel will have any different type of clientele than an office building. Friendship Inns does not rent by the week or hour. The motel is not constructed or arranged to be a truck stop. There is more than adequate parking. There is already a six foot wall to the rear along with full grown trees. If necessary, that wall could be increased in height. The appearance of the property will be much better after the motel project is completed. There is no evidence that there will be a drop in property values. The population density will not become more dense with a motel. It is a good use of the property. Noise and lighting will be regulated by the City as well as signage. The petition should be accepted, reversing the Planning Commission's decision. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood imposed a line of questions which were answered by Mr. Jones. Councilman Daly. As much as he would like to vote, he has spoken with the City Attorney and the law of the State prohibits a Council Member from voting on a project when that Council Member owns property within 300 feet of a proposed project. He does not have the exact number, but he is in that range. He will, therefore, be abstaining from discussion and voting. ENVIRONMENTAL 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 declaratzon 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. Councilman Pickler was absent. Councilman Daly abstained. MOTION CAItRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-107) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. Councilman Daly abstained. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-107 for adoption, denying Conditional Use Permit No. 3229. Refer to Resolution Book. RESOLUTION NO. 90R-107; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3229. 341 101 City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P.M. Before a vote was taken, Mayor Hunter stated his reason for denying the project, although there is no doubt it is a quality developer and project, it is in the wrong location. He also feels the Council should have Staff look at the four parcels along Wilshire for perhaps RM-5000 or 3000, which is single family residential, which would complement the whole area. Those properties still contain some of the original office buildings he ever saw in Anaheim. He is sure the situation will change. Anaheim Plaza hopefully will be going into a Redevelopment Project. He hopes the residents present opposed to this project are proponents of revitalization of the mall. The properties along Wilshire as they are used now are probably not the highest and best used, and continuation of residential might make that property a quality addition to the City. Councilman Ehrle. He is going to support denial of the project. He is very familiar with the property. His father had an office at 280 Wilshire when there were no condominiums or family apartments adjacent to the area and when Anaheim Plaza was one of the most thriving in Orange County. At that time the area warranted commercial, but it has since dramatically changed. He agrees the area should be looked at and after action is taken today that Staff be asked to review it in terms of an RM-2400 or RM-3000 zone. He has no problems with the developer, but this is not the right location for one of their projects. Councilwoman Kaywood. A motel needs to be right on a main street or able to be easily found, and Wilshire is not such a location. The area is one of the finest locations in central Anaheim and to say a 24 hour operation is not going to disrupt the residents' way of life is not realistic. If the developer is going to look for another location, she suggested before going all over the City for signatures that have nothing to do with the immediate residents, to save themselves the time and money. It is those whose lives and properties will be affected that are the most important signatures. A vote was then taken on the foregoing Resolution of Denial. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler ABSTENTIONS: COUNCIL MEMBERS: Daly The Mayor declared Resolution No. 90R-107, denying Conditional Use Permit No. 3229, duly passed and adopted. 342 City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30 P,M, 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 282 AND NEGATIVE DECLARATION' INITIATED BY: CITY OF ANAHEIM 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION: PARCEL 1: Approximately 2.52 acres having a frontage of approximately 400 feet on the north side of Orangethorpe Avenue, having a maximum depth of approximately 275 feet and being located approximately 512 feet east of the centerline of Lemon Street. LOCATION: PARCEL 2: Approximately 0.63 acre having a frontage of approximately 100 feet on the north side of Orangethorpe Avenue, having a maximum depth of approximately 275 feet and being located approximately 915 feet east of the centerline of Lemon Street. REQUEST: The request is for an amendment to the Land Use Element of the General Plan redesignating subject area from the General Industrial designation to the General Commercial designation. ACTION TAKEN BY PLANNING COMMISSION: General PLan Amendment No. 282 APPROVED - EXHIBIT A (PC90-54) (7 yes votes). Approved Negative Declaration. HEARING SET ON: This item was set for public hearing before the City Council on April 3, 1990, due to General Plan Amendment No. 282 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin March 22, 1990. Mailing to property owners within 300 feet March 20, 1990. Posting of property, March 23, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 26, 1990. Debora Fank, Associate Planner. She explained the reason the subject General Plan Amendment was City initiated, in January, 1990, the Council approved General Plan Amendment 265 which also redesi§nated the nei~hborin~ properties from General Industrial to General Commercial. Along with that action was a reclassification and variance which the two properties did not want to participate in. It was initiated so that the whole corner is in conformance and is reflective of some of the potential growth or development for that corner. There will be no change to the property, just a redesignation on the General Plan. Mayor Hunter opened the public hearing and asked to hear from those who wished to speak either in favor or opposition; there being no response he closed the public hearing. 343 99 City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30 P,M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Hunter, seconded by Councilwoman Kaywood, 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. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-108) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-108 for adoption approving General PLan Amendment No. 282, Exhibit A. Refer to Resolution Book. RESOLUTION NO. 90R-108: 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. 282, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 90R-108 duly passed and adopted. 134/179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 292, RECLASSIFICATION NO. 89-90-42 AND NEGATIVE DECLARATION: INITIATED BY: CITY OFANAHEIM 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION: Property is bounded by Pearl Street to the north, West Street to the east, the alley south of Pearl Street to the south and Carleton,Avenue to the west. 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 reclassification of properties from the RM-1200 (Residential, Multiple-Family) Zone to the RM-2400 (Residential, Multiple-Family) or a less intense zone. 344 100 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M, ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 292 GRANTED (PC90-52) (7 yes votes). Reclassification No. 89-90-42 GRANTED (PC90-53). Approved Negative Declaration. HEARING SET ON: This item was set for a public hearing before the City Council April 3, 1990, due to General Plan Amendment No. 292 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin March 22, 1990. Mailing to property owners within 300 feet - March 20, 1990 Posting of property March 23, 1990 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 26, 1990. Jonathan Borrego, Assistant Planner. This General Plan Amendment and Reclassification are a result of a variance denied by the Planning Commission and also the City Council for property located at 1110, 1112 and 1114 West Pearl Street. At the public hearing on the variance several people were present in opposition to the project. The Planning Commission initiated General Plan Amendment and Reclassification proceedings for the entire portion of Pearl Street. That portion represents the only portion that does not have an RM-2400 and Low Medium Density designation on the General Plan. It would provide a continuation of those designations and will be consistent with the overall densities of those properties. Mayor Hunter. Before asking if anyone wanted to speak, he clarified this is a down-zoning of the area and if anyone is present in favor there is no reason for them to speak. He asked if anyone was in opposition; there was no response. Carmen McWilliams, 1212 West Pearl Street. She is present to thank the Council for their concern and designating the proper zoning for their neighborhood which helps to maintain the family unit. The residents hope that the Council will continue with th~ Low M~dium D~n~ity R~id~ntial d~ignation. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. For the record it should be noted that approximately 20 people were present in favor of the proposed General Plan Amendment and none opposed as determined by a show of hands. ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION: On motion by Councilman Daly, seconded by Councilman Ehrle, the City Council approved the negative 345 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P.M, 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. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-109 and 90R-110) Councilman Daly moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. Councilman Pickler was absent. CARRIED. MOTION Councilman Daly offered Resolution No. 90R-109 for adoption approving General Plan Amendment No. 292, Exhibit A, and Resolution No. 90R-110 for adoption approving Reclassification No. 89-90-42. Refer to Resolution Book. RESOLUTION NO. 90R-109: 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. 292, EXHIBIT "A". RESOLUTION NO. 90Roll0: 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 and Hunter None Pickler The Mayor declared Resolution Nos. 90R-109 and 90R-110 duly passed and adopted. 179/155. OWNER: AGENT: PUBLIC HEARING - VARIANCE NO. 4021, CATEGORICALLY EXEMPT, CLASS 5: RICK D. BUCCOLA 1045 Via De Rosa Anaheim, California 92807 Leonard Hundley 784 Springwood, Apartment 0 Corona, California 91720 LOCATION/REQUEST: The property is located at 1045 Via De Rosa. The request is for a waiver of prohibited ground-mounted equipment to retain one ground-mounted satellite dish. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4021 DENIED (PC90-37) (6 yes votes, 1 absent). 346 98 City Hall, Anaheim, California COUNCIL MINUTES April 3, 1990, 5:30 P.M. HEARING SET ON: The Planning Commission's decision was appealed by Mr. Buccola and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin March 22, 1990. Posting of Property March 22, 1990. Mailing to property owners within 300 feet March 22, 1990. STAFF INPUT: See Staff report to the Planning Commission dated February 12, 1990. APPLICANT'S STATEMENT: Leonard Hundley, Agent. The Variance was denied by the Planning Commission since his letter requesting a continuance of the matter at the Commission level was too late to be taken off calendar. He was told it would be and therefore no one was present at the hearing. The Planning Commission had requested that landscape plans be provided to screen the satellite. A set of plans was subsequently submitted. Some trees and shrubbery are already provided and the dish is screened on one side. Mr. Buccola has proposed planting more trees to further screen the dish. He (Buccola) has done many things for the community. There are approximately seven homes on the cul de sac The property is approximately one quarter of an acre. They complied with everything the Planning Commission requested. They are requesting approval of the Variance. No such Variance has been denied to any resident so far to his knowledge, as long as they have complied with the request of the Commission. Before concluding, he explained some of the things that Mr. Buccola had done for the community at his own expense. Mayor Hunter asked if anyone was in opposition in the immediate neighborhood. Mr. Hundley answered he did not believe so. There were none at the previous meetings. He (Buccola) has spoken with his neighbors and they do not have a problem with it. Annika Santalahti, Zoning Administrator. The Commission's concern was that Hidden Canyon Road in coming down the hill on the south there is visibility from above. The Commission at the time did not receive certain information which may or may not have changed their minds. There have been previous denials and subsequent approval by the Council because the owner provided additional information to the Council. Mayor Hunter. If the Variance is approved tonight, he asked what recourse they would have if there is a complaint later on. 347 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 Annika Santalahti. Since it is a Variance, if something happened and Council subsequently received information contrary to what they thought they were approving, the Council could have another hearing to terminate the Variance or at least bring it back for reconsideration in view of the new information. City Attorney White. There are several grounds, three of which may apply here. A Variance or Conditional Use Permit can be terminated if there is a misrepresentation. If the facts turn out different than thought, if there was a violation of the conditions of approval, or the dish was being operated in a manner detrimental to the peace, health and general safety of the residents. Seven weeks ago the Council adopted an Ordinance that now allows ground-mounted antennas by Conditional Use Permit in the scenic corridor if the antennas comply with certain criteria as far as site screening. This application was filed prior to that Ordinance being adopted. If it was filed now as opposed to before seven weeks ago, it would have been under a Conditional Use Permit. PUBLIC DISCUSSION IN FAVOR: None PUBLIC DISCUSSION IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Hunter, seconded by Councilman Ehrle, 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. Councilman Pickler was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-111) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-111 for adoption, granting Variance No. 4021 subject to interdepartmental recommendations. Refer to Resolution Book. RESOLUTION NO. 90R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4021. 348 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 9OR-111 duly passed and adopted. WAIVER OF READING ORDINANCES: The titles of the following Ordinances were read by the City Clerk. (Ordinance Nos. 5112 through 5114, both inclusive.) Councilman Hunter moved to waive the reading in full of the Ordinances. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. BI. 179/142. ORDINANCE NO. 5112: Councilman Hunter offered Ordinance No. 5112 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5112: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 18.03.085 TO CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Ordinance No. 5112 duly passed and adopted. B2 and B3. 185/142. ORDINANCE NOS. 5113 AND 5114: Councilman Hunter offered Ordinance Nos. 5113 and 5114 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5113: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREFAMENT NO. 83-02 BY ~kND BETWEEN THE CITY OF ANAHEIM AND SAVI RANCH ASSOCIATES, (ii) FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PITON OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. ORDINANCE NO. 5114: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 89-02 BY AND BETWEEN THE CITY OF ANAHEIM AND COMMUNITY SYSTEMS ASSOCIATES, INC., AND WJS INVESTMENTS, LTD., (ii) FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. 349 City Hall, Anaheim, California - COUNCIL MINUTES Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: April 3, 1990, 5:30 Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Ordinance Nos. 5113 and 5114 duly passed and adopted. B4. 179: ORDINANCE NO. 5118: Amending Title 18 to rezone property under Reclassification No. 89-90-37, property located at 883 South Anaheim Boulevard, from RS-7200 to the CL zone. Councilman Ehrle offered Ordinance No. 5118 for introduction. ORDINANCE NO. 5118: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. B5. 170. VESTING TENTATIVE TRACT MAP NOS. 14190, 14191, 14192, 14193 AND SITE PLANS; FINAL SITE PLAN FOR TRACT MAP NO. 14190, ENVIRONMENTAL IMPACT REPORT NO. 281 PREVIOUSLY CERTIFIED: OWNERS: BALDWIN BUILDING CONTRACTORS, LTD. 18611 Hale Avenue, Irvine, California 92714 LOCATION: Property comprises four Vesting Tentative Tract Maps totalinf approximately 42.5 acres of Development Area 104 of the Summit of Anaheim Hills Specific Plan (SP88~2) and is located approximately 1.1 miles southwest of the Weir Canyon Road/Riverside Freeway intersection, and is bounded on the north by the Sycamore Canyon Specific Plan Development, on the east and south by unincorporated Irvine Company property and on the west by the Highlands at Anaheim Hills Specific Plan development. Petitioner requests approval of four Vesting Tentative Tract Maps and Site Plans to develop 178 single-family detached residential structures as described below: TRACT MAP NO. 14190 AND FINAL SITE PLAN: To establish an SP88-2 Zone, 8.62 acre, 45 lot single family detached residential subdivision including 42 residential lots and 3 open space lots. TRACT MAP NO. 14191 AND SITE PLAN: To establish an SP88-2 Zone, 13.2 acre, 59 lot single family detached residential subdivision including 56 residential lots and 3 open space lots. TRACT MAP NO. 14192 AND SITE PLAN: To establish an SP88-2 zone, 9.6 acre, 43 lot single family detached residential subdivision including 42 residential lots and 1 open space lot. TRACT MAP NO. 14193 AND SITE PLAN: To establish an SP88-2 Zone, 11.1 acre, 39 lot single family detached residential subdivision including 38 residential lots and 1 open space lot. 350 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1990, 5:30 P,M. No action was taken on the Vesting Tentative Tract Maps. 179, ITEMS B6 - B13 FROM THE PLANNING COMMISSION MEETING OF MARCH 12, 1990 - INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 3, 1990. B6. CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED), CONDITIONAL USE PERMIT NO. 3059 (READVERTISED): OWNER: DONALD T. TAKAI AND DOROTHY TAKAI 3174 West Rome Avenue, Anaheim, California 92804 AGENT: MAGDY HANNA 4400 MacArthur Boulevard, 9th Floor, Newport Beach, California 92660 LOCATION: 150 South Dale Avenue Amendment to condition of approval pertaining to required street improvements to establish a 27-unit mobile home park. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3059 (Readvertised) GRANTED (PC90-57) (6 yes, 1 absent) Request to delete Condition No. 3 was denied, permitted widening of sidewalk rather than widening of bridge, as approved by City Traffic Engineer and Orange County Flood Control District. B7. CONDITIONAL USE PERMIT NO. 3245: OWNER: NORWALK INVESTMENTS 1020 North Batavia Street, Suite B, Orange, California 92667 AGENT: CARLOS BARRAGAN 532 South Rose Street, Anaheim, California 92805 LOCATION: 532 South Rose Street To permit an auto body shop with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3245 GRANTED for 3 years, (PC90-58) (6 yes votes, 1 absent). Negative Declaration approved. B8. VARIANCE NO. 4026: OWNER: CRAIG PAINTER AND SHARON PAINTER 7671 Corto Road, Anaheim, California 92808 AGENT: ANACAL ENGINEERING COMPANY 1900 East La Palma Avenue, Suite 202, Anaheim, California 92803-3668 LOCATION: 380 South Timken Road Waivers of minimum lot area and required lot frontage to establish a 4-lot subdivision. This item was withdrawn by the applicant. 351 91 City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5:30 P.M, B9. VARIANCE NO. 4035 AND NEGATIVE DECLARATION: OWNER: DONALD D. FORBES 131 Terranza San Angelo, La Habra, California 90631 AGENT: GEORGE KRAJACIC 720 Town and Country Road, Orange, California 92668 LOCATION: 1001 and 1011 North West Street Waivers of minimum lot area, minimum lot width and frontage, and all lots required to abut a public street or alley, to construct a 5-unit single-family dwelling subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4035 GRANTED, (PC90-59) (6 yes votes, 1 absent) Approved Negative Declaration Upon questions posed by Councilmembers Daly and Kaywood, Annika Santalahti explained that because of the configuration of the site other than being developed with probably a maximum of 3 single family lots, all of which would have to have frontage on the street, it probably needs a variance. The 6600 square feet is based on the net lot area that is usable and deletes the private driveway or street. The lot sizes are larger but there is an easement running through each resulting in the 6600 square feet. Mayor Hunter. He surmised that the easement is taking up a portion of the lot size that would make it 7200 square feet. Annika Santalahti. She explained that there were three nearby people present at the Planning Commission just to indicate their presence and interest. They did not indicate they were present in opposition but were interested in the proposal. Staff's understanding is that they were not displeased. No action was taken by the Council. BIO. CEQA MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT NO. 295, RECLASSIFICATION NO. 89-90-44, WAIVER OF CODE REQUIREMENTS, CONDITIONAL USE PERMIT NO. 3260: OWNER: RAYMOND DINKLE 4400 MacArthur Boulevard, 9th Floor, Newport Beach, California 92660 AGENT: MAGDY HANNA 4400 MacArthur Boulevard, 9th Floor, New-port Beach, California 92660 LOCATION: Property is approximately 1.78 acres located on the south side of Jackson Avenue approximately 1,165 feet east of the centerline of Park Vista Street. Request for amendment to the Land Use Element of the General Plan proposing a redesignation from the existing Low-Medium Density Residential designation to the Medium Density Residential designation. Request to rezone from RS-A-43,000 to RM-1200. To permit the construction of an 80-unit "affordable" deck-type housing apartment complex with waiver of minimum building site area per dwelling unit and maximum fence height. 352 City Hall, Anaheim, California - COUNCIL MINUTES April 3, 1990, 5:30 P.M, ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED General PLan Amendment No. 295 GRANTED Reclassification No. 89-90-44 GRANTED Conditional Use Permit No. 3260 and Waiver of Code Requirement APPROVED Mitigated Negative Declaration (PC90-60,61,62) (5 yes votes, 1 no, 1 absent) REQUESTED City Council Review these items. This item is to be set for public hearing before the City Council due to the General Plan Amendment. Bll. CEQA MITIGATED NEGATIVE DECLARATION, RECLASSIFICATION NO. 89-90-45, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3261: OWNER: RAYMOND DINKLE 4400 MacArthur Boulevard, 9th Floor, Newport Beach, California 92660 AGENT: MAGDY HANNA 4400 MacArthur Boulevard, 9th Floor, Newport Beach, California 92660 LOCATION: Property is approximately 2.59 acres on the south side of Frontera Street approximately 260 feet east of the centerline of Park Vista Street. RS-A-43,000 (0) to RM-1200 To permit the construction of an affordable ll7-unit deck-type housing apartment complex with waiver of minimum building site area per dwelling unit. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-45 APPROVED Conditional Use Permit No. 3261 GRANTED, Code waiver granted. APPROVED Mitigated Negative Declaration (PC90-63, 64) (5 yes votes, 1 no, 1 absent) A review of the Planning Commission's decision was requested by Council Members Kaywood and Daly and, therefore, a public hearing will be scheduled at a later date. B12. CEQA NEGATIVE DECI~AP. ATION. GENERAL PI~a_N AMENDMENT NO 293: INITIATED BY: CITY OF ANAHEIM 200 South Anaheim Boulevard, Anaheim, California 92805 LOCATION: Property is approximately 12.8 acres generally bounded by Broadway to the north, the Southern Pacific Railroad right-of-way to the east, Alexis Avenue to the south and Loara Street to the west. 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. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 293 APPROVED Exhibit A (PC90-65) (6 yes votes, 1 absent) APPROVED Negative Declaration. 353 89 City Hall, Anaheim, California COUNCIL MINUTES - April 3, 1990, 5;30 P.M, This item is to be set for a public hearing before the City Council due to the General Plan Amendment. B13. CEQA NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT NO. 294, RECLASSIFICATION NO. 89-90-41, REQUEST FOR CITY COUNCIL REVIEW: INITIATED BY: CITY OF ANAHEIM 200 South Anaheim Boulevard, Anaheim, California 92805 LOCATION: Property is approximately 13.2 acres generally bounded by Center Street to the north, Ohio Street to the east, Broadway Street to the south and Walnut Street to the west, Excepting those properties fronting on Center Street or Broadway between Ohio Street and West 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 Residential designation. A City-initiated reclassification from the RM-1200, CG and PD-C zones to the RM-2400 or a less intense zone; and from the PD-C zone to the PD-C/RM-2400 or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION' General Plan Amendment No. 294 DENIED, Reclassification No. 89-90-41 DENIED. (PC90-66,67) (6 yes votes, 1 absent) Negative Declaration approved. Request for City Council review of these items. This item is to be set for public hearing since the Planning Commission asked for Council review of the matter. End of the Planning Commission Items. REPORTS AND RECOMMENDATIONS: B14: Orange County Flood Control District, request to determine conformance with the General Plan concerning the proposed acquisition of an easement for flood control and water conservation purposes on SAVI Ranch Property. Determined in conformance by the Planning Commission. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. ADJOURNMENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (8:02 P.M.) LEONORA N. SOHL, CITY CLERK 354