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1990/06/26145 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PRESENT: CITY MANAGER: CITY ATTORNEY: CITY CLERK: TRAFFIC ENGINEER: ZONING ADMINISTRATOR: TREASURY MANAGER: Daly, Ehrle, Kaywood and Hunter Pickler James Ruth Jack White Leonora N. Sohl Paul Singer Annika Santalahti Bill Sell A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:30 p.m. on June 22, 1990 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a),to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. Yrurertagoyena vs. City of Anaheim, Orange County Superior Court Case No. 59-27-22. 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 meet with its Negotiator regarding the possible acquisition of land from the Phoenix Club German Association of Orange County located at 1566 South Douglass Road, Anaheim California, and the possible lease or sale of such land to Osden Financial Services Inc. or other entity for a multipurpose sports and entertainment arena. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). f. 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. 642 146 City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5:30 P.M. AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:04 p.m.) INVOCATION: Dr. Bryan Crow, Garden Church of Anaheim Hills, gave the invocation. FLAG SALUTE: Councilman Tom Daly led the assembly in the Pledge of Allegiance to the Flag. A44. 123.101: ANAHEIM SPORTS ARENA APPROVAL OF MANAGEMENT AND CONCESSION AGREEMENTS; Submitted was report dated June 26, 1990 from the City Manager James Ruth, recommending that the Council approve Management and Concession Agreements relating to the Anaheim Sports Arena. A45. 123,101: ANAHEIM SPORTS ARENA - APPROVAL OF VARIOUS AGREEMENTS RELATING TO PROPERTY ACQUISITION AND RELOCATION ISSUES: Submitted was report dated June 19, 1990 from the City Manager James Ruth recommending that the Council approve the subject agreements relating to the Anaheim Sports Arena. City Manager, James Ruth. At this time Ron Dominguez from Disneyland is present to speak on behalf of the proposed agreements before the Council today relating to the Anaheim Sports Arena. Ronald K. Dominguez, Disneyland. On behalf of Disneyland, he is supporting the proposed Anaheim Sports Arena. It will be an asset to the City and County and will round out the sports activities that presently exist in the community. It will be an important asset and addition to the area. City Manager Ruth. A letter has also been received from Bill Snyder, President, Anaheim Visitor & Convention Bureau indicating that the major hoteliers in the City have given unanimous support of the project which they endorse wholeheartedly. The Mayor may wish to ask if anyone else wishes to address the Council on the proposed agreements. Marshall Krupp, President, Community Systems Associates. Chairman of the Anaheim Board of Economic Development. of the City's Vision 2000 Plan previously approved by the Council. The decision before the Council tonight is not a new decision but one that is being made as an outgrowth of a strategy prepared through the community initiative as outlined in the plan. He can support the arena 110%. It is good for the community and good for business. It establishes one more position of taking Anaheim and placing it in a number one spot not only in Southern California but throughout the United States and internationally. encouraged the Council to proceed on the project in an expeditious manner. He is the past He first read portions He City Manager Ruth. He reported for the record that the Anaheim Chamber of Commerce has also endorsed the project conceptually. 643 147 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P.M. Hans Klein, Phoenix Club. The last six months have probably been his most difficult since the Phoenix Club is the focal point and most severely impacted by the negotiations. He has great admiration for City staff and everyone involved. Mr. Ruth is an excellent negotiator and he had the benefit and future of the Phoenix Club in mind. The City's German heritage is going to be preserved. The membership of the Phoenix Club will be voting on July 13, 1990 and he is sure they will go along with the stipulations that have been made. A few things about the relocation of the Club is not going to be easy for them such as having 150 or 200 horses as their neighbors. He has the City's assurances that standards will be met. The Club will be monitoring the situation. They want to be the best social and family club in America. The move will bring them into a new focus and a better, more modern Phoenix Club. They also want to help in picking a sister city for Anaheim since he feels there should be a German sister city. One thing he would like to ask and make clear. The Phoenix Club has been financially hurt by the stories and announcements made that the Phoenix Club is sold. The Phoenix Club is not closed and it is not gone. The public should be reminded that the Club is open for business as usual. Also, even though they are relocating, it is only a short distance away and they plan to open their new facilities and close the old one at the same time. City Attorney White. As the Council is aware, one of the documents they are acting upon this evening is a Concession Agreement relating to the concessions at Anaheim Stadium. Attached to that Agreement is a Letter Agreement between Anaheim and Golden West Baseball Company which Agreement the Council is also approving as part of the action tonight if the Council acts on item A44 (approval of Management and Concession Agreements) favorably this evening. It should be noted that the approval of the Stadium Concession Agreement is contingent upon execution of that Letter Agreement not only by the City but also Golden West Baseball Company approving the Ogden company as concessionaire in the Stadium commencing February, 1991. MOTION: Councilman Hunter moved to approve the following Agreements relating to the subject Management and Concession Agreements: Arena Management Agreement with Ogden Allied Facility Management Corporation. Agreement with Ogden Allied Facility Management Corporation, and Hellmuth, Obatata and Kassabaum, Inc., regarding Architect's Fees. Arena Concession Agreement with Ogden Allied Facility Management Corporation and Ogden Allied Leisure Services, Inc. Anaheim Stadium Concession Agreement with Odgen Allied Leisure Services, Inc. Agreement with Ogden Allied Leisure Services, Inc., regarding the Stadium Concession Contract. 644 148 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, Councilman Daly seconded the motion. The motion carried by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler MOTION; Councilman Hunter moved to approve the following agreements relating to property acquisition and relocation issues: The "Douglass Sale Agreement" for purchase of the Phoenix club and authorizing the Mayor and City Clerk to execute the Agreement. The "First Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions" for purchase of the Sanderson/J. Ray property at the southeast corner of Ball Road and the 57 Freeway, and authorizing the Mayor and City Clerk to execute the amendment. The "Sanderson Sale Agreement" for sale and lease of a portion of the Sanderson/J. Ray property at the southeast corner of Ball Road and the 57 Freeway to the Phoenix Club; and authorizing the Mayor and City Clerk to execute the Agreement. A letter dated June 26, 1990 to the Phoenix Club enumerating additional obligations of the City to the Phoenix Club, and authorizing the City Manager's execution of the letter on behalf of the City. The "Modification and Settlement Agreement" and "Addendum to Modification and Settlement Agreement" between the City of Anaheim, the Phoenix Club German Association of Orange County, and James Productions, Inc., concerning issues relating to relocation and loss of business goodwill, and authorizing the City Manager's execution of the Agreement and Addendum. The "Equestrian Lease" between the City of Anaheim (Lessor) and Richard Tozer dba Rancho Del Rio Stables (Lessee) for the lease of a portion of the Sanderson/J. Ray property at the southeast corner of Ball Road and the 57 Freeway, and authorizin~ the Mayor and City Clerk to execute the lease. Appropriating $12,357,000 in revenues from the proceeds of sale of Certificates of Participation for the Anaheim Arena Land Project, $3,093,000 in revenues from the sale of land, and $15,450,000 in expenditures for acquisition of the aforementioned properties. Approving other agreements relating to property acquisition and relocation issues with regards to the Anaheim Sports Arena. Councilman Daly seconded the motion. The motion carried by the following vote: 645 173 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler RECESS; By general consent the Council recessed for a brief press conference relative to the actions taken on the Agreements relating to the Anaheim Sports Arena. (6:20 p.m.) AFTER RECESS: The Mayor called the meeting to order all Council Members being present with the exception of Councilman Pickler. (6:50 p.m.) 119; DECLARATION OF COMMENDATION; A Declaration of Commendation was unanimously adopted by the City Council and presented to Debbie Moore on behalf of Project Save A Youth (S.A.Y.) and Anaheim Family YMCA for their efforts in providing a camp to at-risk youth in Anaheim. Mrs. Moore was accompanied by participants in the program. Mayor Hunter and the City Council commended those involved in a program that is so beneficial to the youth of the community. 119; DECLARATIONS OF RECOGNITION; Declarations of Recognition were unanimously adopted by the City Council recognizing eight elementary school-age children who are State champions in the 400 meter relay track team. Mayor Hunter and Council Members congratulated each of the youngsters as follows: Jimmy Tomanchek, Georgie Geronsin, Sarah Fleming, Genelle Geronsin, Mark Kisting, Rafael Zielonka, Shauna Bynum, Shelly Pharris. 119. DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Eric Baulig for his nearly 26 years of service in the Maintenance Department and wishing him well on his retirement from the City. MINUTES: Councilwoman Kaywood moved to approve the minutes of the adjourned regular meeting of June 5, 1990 held June 12, 1990 (budget). Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,816,184.01, in accordance with the 1989-90 budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCES; The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 90R-218 through 90R-223, both inclusive, for adoption; Ordinance Nos. 5142 and 5143 for adoption; and Ordinance No. 5145 for introduction) Councilman Hunter moved to waive the reading in full of the resolutions and ordinances. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 646 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P,M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilwoman Kaywood offered Resolution Nos. 90R-218 through 90R-223, both inclusive, for adoption; Ordinance Nos. 5142 and 5143 for adoption; and Ordinance No'. 5145 for introduction. Refer to Resolution/Ordinance Book. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Mark W. Conde for property damage sustained purportedly due to actions of the City on or about February 28, 1990. b. Claim submitted by Dorothy Cressler for bodily injury sustained purportedly due to actions of the City on or about December 13, 1989. A2. 105: Receiving and filing minutes of the Community Services Board meetings held April 26, 1990, and May 10, 1990. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held May 10, 1990. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held May 30, 1990. 107: Receiving and filing the Statistical Report Summary for the month ending May 31, 1990, from the Building Division. A3. 167: Awarding a contract for Lincoln Avenue Street and Traffic Signal Improvements. This item was withdrawn by staff at this time. A4. 167: Approving a Notice of Completion of the construction of Downtown Traffic Improvements, Phase II, by Steiny & Company, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 150: Approving a Notice of Completion of the construction of La Palma Park Special Events Area by Randle Enterprises, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 169: Approving a Notice of Completion of the construction of Barrier Free Anaheim #15 by B-1 Enterprise Corporation, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A7. 158: Authorizing the payment of $5,310 to the owner, Melville Gene Kannard, pursuant to agreement on file, for the cost of replacement of the sign located at 746 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project R/W 3500-52. 647 175 City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P.M. AS. 158: Authorizing the payment of $5,950 to the owner, Larry Haupert, pursuant to agreement on file, for the cost of replacement of the sign located at 400 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project R/W 3500-12. A9. 158: Authorizing the payment of $16,692.14 to the owner, Patricia H. Chappell, for additional modifications to her building located at 808 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project R/W 3500-64. Al0. 158: Authorizing the payment of $519,092.00 to James E. Perkins, Jr., for modifications to his building located at 311 North Anaheim Boulevard, pursuant to agreement on file North Anaheim Boulevard Street Widening Project R/W 3500-02. Ail. 158: Authorizing the payment of $164,246 to Miguel Gonzalez, Sr., pursuant to agreement on file, for modifications to his building located at 730/732 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project R/W 3500-48. Al2. 169: Approving the installation of a raised median on State College Boulevard from La Palma Avenue to 160' south of Sycamore Street. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar.) Al3, 176; RESOLUTION NO, 90R-218; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (89-8A) (Setting a date for public hearing to consider abandoning that easement for electrical purposes on property located at the northwest corner of Kellogg Drive and Hunter Avenue - suggested public hearing date July 24, 1990.) Al4, 176; RESOLUTION NO. 90R-219: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (90-4A) (Setting a date for public hearing to consider abandoning that easement for public utility purposes on property located at the southeast corner of Winston Road and State College Boulevard - ~ugge~ted public hearing date July 24, 1990.) Al5. 176; RESOLUTION NO, 90R-220; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (90-7A) (Setting a date for public hearing to consider abandoning portions of Old Lincoln Avenue, Oak Street, Chestnut Street, Third Street, Helena Street, Clementine Street and Lemon Street - suggested public hearing date July 24, 1990.) Al6. 107: Rejecting the bid submitted for the garage extension at the Vermont Tree Yard to house aerial units. 648 176 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, Al7. 160: Accepting the bid of McMahan Desk, Inc., in an amount not to exceed $50,000 for Harper office furniture as required during fiscal year 90/91, in accordance with bid #4848. Al8. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Wang Laboratories, in an amount not to exceed $80,478 to cover maintenance and software support costs for Wang equipment for a period of six months (and the Police Department for a period of twelve months) commencing July 1, 1990. Al9. 124/125: Approving the annual maintenance costs in the amount of $10,980.48 with Hewlett-Packard for maintenance of computer equipment located at the Convention Center for a period of one year beginning July 1, 1990. A20. 123: Approving an agreement with Service Intelligence Corp. in an amount not to exceed $1,049,900.50 for all personal computer hardware, installation, and network administration training city-wide (Modules 1,2,3 & 4). 123: Approving an agreement with Ashton Tare, in an amount not to exceed $56,578.50 for all word-processing training city-wide (Module 5), in accordance with bid proposal #4840. 123: Amending the 1989/90 Resource Allocation Plan by increasing Revenue Account #01-3003 by $450,000 and increasing expenditure accounts as follows: City Clerk 01-134-7115 $60,011; City Attorney 01-121-7115 $42,127; Finance 01-152-7115 $66,629; Parks/Rec/CS 01-341-7115 $54,415; Engineering 01-216-7115 $40,000. A21. 123: Authorizing the Chief of Police to exercise an option to renew the lease with Lyle Parks, Jr., DBA Gold Key Business Center for the temporary police satellite facility, and to authorize the Chief of Police to take the actions necessary, pursuant to the lease, in order to renew the lease for two one-year periods. A22. 156/152: Authorizing the transfer of retired canine "Arry" to his former handler, Officer Walt Jackson. A23. 106/156/123: Accepting funds in the amount of $70,248 for Fiscal Year 1990/91 to provide an additional D.A.R.E. Officer for the Anaheim City School District, and to add one additional Police Officer to the Department's authorized positions. 106/156/123: Approving an agreement with Anaheim City School District and authorizing the Mayor and City Clerk to execute said agreement. A24, 174/156; RESOLUTION NO, 90R-221; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION TO THE UNITED STATES OF AMERICA FOR FUNDING OF THE COMMUNITY ACTION PLANNING PROGRAM. (Police Department - crime enforcement and prevention efforts with neighborhood groups.) 649 177 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M. A25. 123: Approving an agreement with Anaheim Family YMCA to provide supervised programs and activities at no cost to youth participating in Project S.A.Y., the City's anti-gang/drug program; and authorizing the Mayor and City Clerk to execute said agreement. Funding for these programs is provided with $17,000 from Community Development Block Grant, and $10,500 from the General Fund. A26. 123: Approving an agreement with Orange County Consolidated Transportation Service Agency to provide transportation services to senior citizens at a cost of $24,731. A27, 150/142: ORDINANCE NO, ---- INTRODUCTION: Amending Chapter 13.12 of Title 13 of the Anaheim Municipal Code pertaining to street trees. 150/142: RESOLUTION NO, ----; Adopting the official tree specie list of trees which may be planted in City Street rights-of-way. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar.) A28. 123: Approving a Lease Agreement with the Anaheim Union High School District at a cost of $5,919 per month for the use of space (11,606 square feet) at Trident Junior High School during the 1990/91 fiscal year. A29. 152/153: Authorizing city employees to voluntarily transfer vacation hours from their vacation balances to the vacation account of Stephen C. Burnside, an employee of the Public Utilities Department, and authorizing retroactive utilization of the vacation time so transferred. A30. 123: Approving an Affordable Housing Agreement with CWD-Inglewood Associates for four affordable apartment units out of 22 located at 3424 W. Orange Avenue (Parcel 1) in connection with Variance No. 4011. A31. 123: Approving an Affordable Housing Agreement with CWD-Inglewood Associates for five affordable apartment units out of 22 located at 3428 W. Orange Avenue (Parcel 2) in connection with Variance No. 4011. A32. 123: Waiving Council Policy 306 and authorizing the Data Processing Director to enter into a Government Purchase Agreement with Apple Computer, Inc., for a minimum amount of $100,000 and a maximum amount of $399,999 for Apple computer equipment as required for a period of one year beginning July 1, 1990; and authorizing the Purchasing Agent to issue a blanket purchase order to Apple Computer, Inc., pursuant to the Government Purchase Agreement. A33. 123: Approving agreements with The Professionals, Krystal Solutions, Business Consulting Associates, XXCAL, Inc., John Cappelletti Associates, Computer Tek, Data Design Corporation, Computer People, Inc., International Management Systems Corp., MIDCOM Corporation Harte Enterprises, Mini-Systems Associates, in an amount not to exceed $500,000 for contract programming and/or consulting services. 650 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, 123: Approving agreements with EXECUSOFT, and Sizemore Computer Services, in an amount not to exceed $500,000 for contract programming and/or consulting services. 123: Approving an agreement with Businessland in an amount not to exceed $25,000 for services in telecommunications and networking for contract programming and/or consulting services. A34. 158; RESOLUTION NO, 90R-222: 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. A35. 123: Approving a Memorandum of Understanding with County of Orange to permit the City of Anaheim to assume enforcement responsibilities for State laws relating to underground tanks, and authorizing the City Manager to sign the Memorandum of Understanding, effective 3uly 1, 1990. 129/142; ORDINANCE NO, 5145 INTRODUCTION; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 16.08.100 OF CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE RELATING TO UNDERGROUND STORAGE OF HAZARDOUS MATERIALS. (Designating the Fire Department as the implementing agency for the City.) 000/129; RESOLUTION NO, 90R-223; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES FOR THE UNDERGROUND STORAGE TANK PROGRAM. A36. 123/129: Accepting the completion of and authorizing final payment to Edwin Webber, Inc., for weed abatement work incurred during the 1989/90 fiscal year. A37. 123: Extending the weed abatement contract with Edwin Webber, Inc., subject to the same terms and conditions as set forth in the agreement dated September 12, 1989. A38. 123: Approving the recommendations from the Anaheim Private Industry Council to fund the Program Operators as listed on Chart A for the JTPA program activities for a total of $231,615 for the period July 1, 1990 to June 30, 1991, and authorizing the JTPA Manager to execute the necessary agreements and modifications. A39, 000/179; ORDINANCE NO, 5142 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE TO AUTHORIZE IMPOSITION AND COLLECTION OF CERTAIN FEES. A40, 156/142; ORDINANCE NO, 5143 - ADOPTION; AN ORDINANCE OF THE GITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.13.020 AND AMENDING SECTION 1.13.050 OF CHAPTER 1.13 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE POLICE RESERVE CORPS. A41. 144/106: Authorizing the City of Anaheim to continue participation in the Orange County Hazardous Waste Joint Powers Authority, and appropriating 651 179 City Hall. Anaheim. California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, $1,818.20 from Council's Contingency Fund to cover Anaheim's share of the membership fee for the Southern California Hazardous Waste Management Authority's Annual Assessment for the Fiscal Years 1989/90 and 1990/91. A42. 123: Approving a Non-residential Rental Agreement with Interseric Motor Sport Corporation for the property located at 2605 East Katella Avenue, and authorizing the City Manager or his designee to execute the agreement on behalf of the City. Karen Spaulding. She is co-owner of Old Mill Custom Cabinets at 2601 East Katella. She is concerned with the proposed tenancy site for Interseric Motor Sport Corporation. She understands the property is not correctly zoned for the type of business that will be constructed. It has been their experience that an automotive business in the complex is detrimental to the general well being of the surrounding businesses. They would like Planning and Zoning to look at the issue carefully before approval. City Manager Ruth. He will have staff look into the matter. A43. 106/132: Amending the RAP increasing expenditures in the Sanitation Fund by $664,034.35 and approving payment of $664,034.35 from the Sanitation Fund for the first annual debt service payment for recycling equipment. (Certificates of Participation) Roll Call Vote on Resolution Nos. 90R-218 through 90R-223: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution Nos. 90R-218 through 90R-223, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance Nos. 5142 and 5143: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Ordinance Nos. 5142 and 5143 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. Al2. 169: STATE COLLEGE BOULEVARD MEDIAN INSTALLATION; Approving the installation of a raised median on State College Boulevard from La Palma Avenue to 160' south of Sycamore Street. Submitted was report dated June 13, 1990 from the Director of Public Works Gary Johnson, recommending approval of the installation of the raised median. City Manager Ruth announced that two people were present to speak on the matter. 652 180 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5~30 P,M, Betty Johnson. She is a resident at 1930 East Redwood Avenue. She submitted a petition signed by residents on Redwood urging the Council to extend the proposed median on State College Boulevard to include Redwood Avenue. The reasons for the request were also listed in the petition (made a part of the record) which she read, the main points being that traffic and traffic speed would increase significantly on Redwood, Redwood is much narrower than Sycamore and combined with the increase in traffic volume and speed would increase the possibility of vehicle collisions and vehicle-pedestrian accidents and property values on Redwood would decrease because Redwood would no longer be a residential street but would become a thruway. She urged the Council not to transfer Sycamore traffic to Redwood but extend the proposed barrier past Redwood to keep Redwood a residential street as it was intended. Connie Lemer, 1841 East Redwood. They realize they will be inconveniencing themselves by requesting that the median be extended past Redwood but feel it will be safer for their children. It is vitally important to keep Redwood a residential street and not a thruway like Sycamore. Charles F. Ledder, 2229 North Redwood. He objects to the proposed median. He explained the only way the residents can exit the area at the present time. Since the right turn pocket has been added to State College at Sycamore and the "keep clear" sign installed at the intersection, they have been able to make either a right or left turn off Sycamore onto State College. He does not know how many accidents have occurred since those changes were made. It has greatly alleviated the problem and has given them an opportunity to get out of the tract almost any time of the day. If the barrier is added, it will be impossible for them to get out of their tract onto State College. Paul Kott, 504 North State College (northeast corner of the intersection of Sycamore at State College). What the ladies did not say was that they opposed the median altogether and the present proposal was a compromise. The problem with the "solution" is not the intersection but why there have been so many accidents at the location over the years. His office has been located there for almost nine years and he has witnessed almost every accident that has taken place. Most occur just north of the intersection. During heavy traffic time as the traffic is backed up on the northbound lane of State College going toward the 91 freeway, many people try to pass unsafely on the right. People southbound are trying to make an easterly turn into the shopping center north of him and hit the cars that are northbound passing unsafely on the right. Secondly, even though the median might mitigate any turning at all on State College, it does so at the expense of the property owners restricting ingress and egress and devaluing the properties located there. The problem might worsen with the median resulting in people going around the median to make "U" turns which may be unsafe. If the City wishes to do something meaningful and not impose a problem on property owners, then a light should be installed at that intersection. He urged the Council to take another look at the proposal. Paul Singer, Traffic Engineer. Staff had reviewed the location prior to even requesting that the improvement be a part of the capital improvement plan. By the use of median islands, it will eliminate a great many accidents that take 653 181 City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990, 5:30 P,M, place at that location. A signal would be close to the La Palma traffic signal and will artificially delay traffic. They are trying not to delay traffic but break up congestion which is a direct cause for further accidents transferred to rear end collisions. The plan for installing the medians was to eliminate collisions. He referred to the posted exhibit showing the intersection with an overlay. Without the overlay, it showed the many collisions that had occurred; with the overlay which included the installed median, all such collisions would be eliminated. An informal public meeting was held and many residents along Sycamore indicated they would be very much in favor of reducing the potential of accidents on the street. If the median is extended towards Redwood, it would cause somewhat more of an inconvenience but the trade off between inconvenience and traffic safety is obvious. If the point of turn takes place as a "U turn" there are very few collisions caused by "U turns" If the Council wishes, the median can be extended beyond Redwood. Councilman Daly. He asked the Traffic Engineer if he envisioned the day when a median will extend from La Palma to Lincoln with only short gaps in it; Mr. Singer answered yes. He would suggest since State College Boulevard is such a major arterial highway, they are going to have to increase capacity substantially through installation of medians probably from the 91 freeway all the way down to I-5 with breaks as necessary. After further discussion between Council and staff, no further action was taken by the Council; however, later in the meeting (under items of public interest - approximately 10:50 p.m.), Betty Johnson spoke to the Council explaining that she was present earlier to speak to the issue (item Al2) but no final decision was made relative to the request to extend the median beyond Redwood. It is a very important issue and the Council has approved many things for the residents. She would like the Council to address the matter. Paul Singer. He has no objection or problem in extending the median past Redwood. The reason to extend it beyond Sycamore was because that is where there was existing accident experience. If extended as proposed, it may shift some of the accidents to Redwood. By extending the median beyond Redwood, it would be eliminating most of the accidents. Extending the median beyond Redwood would require additional money but that could be accomplished should the Council wish to direct staff to do so. MOTION; Councilman Ehrle moved to approve the installation of a raised median on State College Boulevard from La Palma Avenue to beyond Redwood Avenue as requested. Councilman Daly seconded the motion. MOTION CARRIED. A27, 150/142; STREET TREE ORDINANCE REVISIONS; Amending Chapter 13.12 of Title 13 of the Anaheim Municipal Code pertaining to street trees, (2) adopting the official tree specie list of tress which may be planted in City street rights-of-way. Submitted was report dated June 13, 1990 from Chris Jarvi, Director of Parks, Recreation and Community Services recommending the subject actions. 654 182 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, City Manager Ruth announced that Mr. Joe White wished to speak to the subject. Joe White. The proposal is proposing to change something that has been occurring in Anaheim for 133 years and it is brought forth as an item "buried" in the consent calendar. He feels it is a disgrace. In any case, there first should have been public hearings so that people can give their input. The City should talk to the people so that the people can decide what kind of trees they want. Councilman Ehrle. He received a number of calls from Anaheim Beautiful and he would recommend that the Whites and some other people meet with Mr. Jarvi and go through the proposed ordinance and perhaps a delegation from Anaheim Beautiful. Subsequently the proposal could come back to the Council. Councilman Daly. He feels it is a good idea to let Anaheim Beautiful and other groups in the City actively involved in landscaping and beautification look at the proposed ordinance. Mayor Hunter asked staff if there would be a problem in holding the matter off for a few weeks to give an opportunity for staff and groups such as Anaheim Beautiful to discuss the matter and subsequently have it come back to the Council. Jack Kudron, Parks Superintendent. The Department does not have a problem. He pointed out that the specie list is not in the ordinance. It is by resolution and designed that way so that changes can be made more readily when staff discovers better species to be used or choose to delete a certain species. The list was developed with a lot of input from experts in the field and a lot of research in terms of the width of the parkways in the City and what trees can be planted in an acceptable fashion. MOTION; Councilman Ehrle moved to continue the proposed ordinance and adoption of an official tree specie list to Tuesday, July 17, 1990. Councilman Ehrle seconded the motion. MOTION CARRIED. END OF CONSENT CALENDAR: NEW ITEM; APPOINTMENT OF ASSISTANT CITY MANAGER; City Manager James Ruth announced the appointment of James Armstrong as Anaheim's new Assistant City Manager effective July 23, 1990. Mr. Armstrong was a former employee of the City for many years and did an outstanding job. For the past seven years, he has been the City Manager of Hanford, California. He (Ruth) is pleased to have Jim back in the City fold. City Attorney White. He announced that the City Council as required by the City Charter approved the appointment of the new Assistant City Manager in closed session today by a 4-0 vote. 655 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, A46, 106: ADOPTION OF THE 1990/91 RESOURCE ALLOCATION PLAN (RAP) AS AMENDED: Submitted was report dated June 6, 1990 from the Program Development and Audit Manager, Ken Stone, recommending that the Council adopt the 1990/91 RAP as amended. City Manager Ruth. He noted that the public hearings on the Resource Allocation Plan (Budget) were conducted on June 12 and June 19, 1990 and it would be appropriate at this time for the Council to adopt the 1990/91 RAP which is the second year of the 1989/91 plan. MOTION; Councilman Daly moved to adopt the 1990/91 Resource Allocation Plan (Budget) as amended. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler was absent. A47. 000/102/108: PUBLIC HEARING - ESTABLISHING FEES FOR ANIMAL CONTROL, WELFARE AND LICENSING; To consider establishing animal regulation fees in accordance with Chapter 8.08 of the Anaheim Municipal Code and subsequently establishing animal regulation fees. Submitted was report dated June 19, 1990 from the City Treasurer, Mary Turner, recommending a proposed resolution adopting the subject fees. Mayor Hunter opened the public hearing and asked if anyone wished to speak; there being no response he closed the public hearing. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution NO. 90R-224) 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-224 for adoption, establishing animal regulation fees. (Refer to Resolution Book.) RESOLUTION NO, 90R-224; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING ANIMAL REGULATION FEES. Roll Gall Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 90R-224 duly passed and adopted. 134/179/170: PUBLIC HEARING - MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT NO, 301, RECLASSIFICATION NO, 89-90-52, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3259, VARIANCE NO, 4056, TENTATIVE TRACT MAP NO, 14259: 656 184 City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P,M, OWNERS: Paul T. Salata 3100 Airway Avenue, Suite 124, Costa Mesa, CA 92626 Caltrans, District 12, Attn: 2501 Pullman Street, Santa Aha, CA 92705 Ralph Neal, AGENT: Camille Courtney 711 East Imperial Highway, Suite. 200, Brea, CA 92621 LOCATION: The property is located at 4000 East Riverdale and is approximately 10.5 acres located on the north side of the Riverside Freeway and the south side of Addington Drive. REQUEST: The request is for amendment to the Land Use Element of the General Plan proposing a redesignation of subject property from the existing Hillside Low-Medium Density Residential designation to the Hillside Medium Density Residential designation. RS-A-43,000 to RM-2400 (Portion A) or a less intense zone and RS-5000 to RM-2400 (Portion B) or a less intense zone to permit a 152-unit condominium complex with waivers of maximum fence height, maximum structural height and minimum rear yard setback. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 301 APPROVED (PC90-114). (3 yes votes, 2 no votes, 2 absent); Reclassification No. 89-90-52 GRANTED to RM-3000 (PC90-115) (3 yes votes, 2 no votes, 2 absent); Conditional Use Permit No. 3259 WITHDRAWN; Variance No. 4056 GRANTED (PC90-116) (3 yes votes, 2 no votes, 2 absent); Tentative Tract Map No. 14259 APPROVED (3 yes votes, 2 no votes, 2 absent); approved Mitigated Negative Declaration with Amended Mitigation Monitoring Program (4 yes votes, 1 no vote, 2 absent). NOTE: No action was taken by the Council on Tentative Tract Map No. 14259 at the meeting of May 22, 1990. The appeal period expired May 31, 1990. It was an informational item at the 3une 12, 1990 meeting and set for public hearing due to General Plan Amendment No. 301. PUBLIG NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 14, 1990 Posting of property June 15, 1990 Mailing to property owners within 300 feet - June 13, 1990 PLANNING STAFF INPUT: See staff report to the Planning Commission dated May 21, 1990. APPLICANT'S STATEMENT: Camille Courtney, President, GGG Enterprises, agent for the applicant, 2756 Lorenzo Avenue, Costa Mesa. She gave a summary of the project which was approved by the Planning Commission on 657 185 City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5:30 P,M. May 21, 1990 after it had been substantially redesigned. The site is on the southeast corner of the 91 Freeway and Riverdale Overcrossing consisting of approximately 10.5 acres, 9.5 acres of which has been purchased and is in escrow from Caltrans. The small piece near Riverdale was acquired after meeting with the City and discussing how access would be obtained to the site. They are also required to have a second point of access for emergency use only. The property at 44234 Addington was acquired for that purpose. Conditions of approval would prevent that access point from being opened at some later date. With this plan, 152 condominiums are proposed (initially there were 168) for the site but several different types of products are involved. The project was redesigned to RM-3000 standards and several things were incorporated such as 12 single family one-story homes adjacent to the existing homes. Moving across the site, there are condominium buildings - 6, 8 and 10 unit buildings two stories high which include town homes and stacked flats with 304 garages on the site. In addition, there are 100 open space guest parking spaces where they are only required to have 38. With Building D next to the freeway, it is necessary to mitigate the freeway noise. Rather than building a required 10 to 19 foot wall, they devised a building type that incorporates that wall. They are proposing garages at ground level of Building D and over that two carriage units. The back of the building is architecturally treated. There are no windows and the acoustical element is incorporated in the back of the wall. She then "walked" the Council through the elevation of the project which information was included in the materials submitted to the Council. They did a substantial amount of environmental analysis and a mitigated negative declaration. They also did an acoustical analysis and meet the City's noise standards, an air quality analysis and a number of traffic studies. Mrs. Courtney further explained that she has met with the community and there are several issues - one is the need for a traffic signal and the concern about the safety of the projects access off of Riverdale. She then briefed some of the findings of the three traffic analyses done by Weston Prtngle and Associates and what the impacts of the project would be on the local circulation system as well as staff's input regarding traffic. Riverdale is an arterial highway with 60 feet of right-of-way and has very few access points. The street does not warrant a traffic signal from a through traffic standpoint. People who live in the subdivision back up and wait to move onto Riverdale because there are only two or three access points. If the City feels a traffic signal is necessitated by the project, the developers will pay their fair share and install it. The remaining question is the design of the intersection on 658 186 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P.M. Riverdale and if there is adequate line-of-sight. There is clearly a 500 foot sight line distance and all reports submitted to the City and reviewed not only by the Transportation Department and also Public Works Engineering all determined the line-of-sight to be acceptable. The three transportation issues were line-of-sight, which it meets, the need for a traffic signal which is determined to be unwarranted and the existing intersections of Tustin and Lakeview. The project's impact on them does not substantially degrade those intersections. In concluding, she stated there is still a severe need to provide attainable housing since less than 20% of the people in Orange County can afford to buy a home here. Whatever they build on the site needs to be an economic success. The marketing people feel the project is going to be a success. It provides more square footage than most condominiums and two garages which are important amenities. Although the project abuts existing single family homes, it is by itself by virtue of the fact of its shape and topography separate because it is higher than the adjacent neighborhood and it contains a variety of project types. Ail environmental impacts have been mitigated thus mitigating the neighborhoods's initial concerns. She would like to be before the Council with a project that had community support. She hopes the Council will consider the project favorably. Answering Councilwoman Kaywood, Ms. Courtney explained that their site is higher by three feet to eight feet than the adjacent homes. There is a wall which sits on top six feet and is sloped down from the wall three to eight feet. The single family homes are below their site. Directly adjacent their homes will be about the same height or slightly higher in terms of pad elevation. The one story homes are proposed adjacent to the property line to mitigate any visual intrusion. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak. PUBLIC DISCUSSION IN FAVOR: None PUBLIC DISCUSSION IN OPPOSITION: The following people spoke in opposition. Included is a summary of the concerns expressed. Patrick Pepper, Chairman, Anaheim Hills Citizens' Coalition. It is obvious by the number of residents present inside and outside the Council Chamber this evening who are wearing red ribbons that there is a great deal of concern with the proposed project. Signatures have been gathered from over 1,000 area residents in opposition. Any General Plan change should be an enhancement to the area but this project clearly is a 659 187 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, detriment. The General Plan calls for 63 units maximum - the project proposes 152. It is a change from RS-43,000 to RM-3000. The entrance to the project is on a downslope of an overpass, the safety of which is very questionable. The units themselves border the freeway. The "D" units range from as little as 80 feet to 140 feet away from the freeway. In order to meet noise requirements, there are no windows in the units facing the freeway. Those units cannot have their windows or doors open at any time. The units directly across from those, the second floor patios, have to have a seven foot plexiglass shield in order to meet the City's noise standards. He questioned if this is the quality of life Council wants for residents of the City. Today's hearing presents an opportunity for the Council to show their support for maintaining the integrity of single family neighborhoods in Anaheim. John Bougois, 220 North Mohler Drive. He is representing Sam Peterson who lives at 220 Barryknoll who could not be present today. He (Bougois) is a registered civil engineer in the firm of Sam Peterson and Associates. He is concerned with regard to the public safety of the proposed access. He then addressed the technicalities relative to line-of-sight assisted by Mr. Pepper working from the posted exhibit. The intent of the 500 foot minimum stopping sight distance is to allow the driver of the approaching vehicle enough time to react to seeing the object and making the decision to stop and bringing the vehicle to a stop in the distance available. It is his opinion allowing the proposed access road in the subject location would create a public safety hazard detrimental to the area. Jeff Simco, 4305 East Addington. The comments thus far are related and express two common concerns - a real life and death safety situation for new and existing citizens of the area due to the project's traffic proposal. The proposal is borderline at best. Secondly, the increase in area density is a major concern. Any increase in density will require an increase in police and fire protection. The proposal is 2.4 times the previously established 63 units. The entire neighborhood is already experiencing many problems, crime being one and the proposed project will unreasonably increase those problems. A negative declaration has been written to show that concerns have been mitigated. The California Environmental Quality Act was established among other things to protect the quality of life to humans. The Council has a responsibility to its citizens. Over 1,000 people in the direct area will be adversely impacted by the project and they are against the project. He urged the Council to uphold the intent of the California Environmental Quality Act and deny the project. 660 188 City Hall, Anaheim, California - COUNCIL MINUTES - June 26. 1990. 5:30 P.M. Ernest Rahm, 321 North Redrock. He opposes the project or any rezoning which would allow anything other than single family homes similar to those presently in the area. He agrees with the concerns related to street access and safety. Having purchased their home about 11 years ago, they believed there was no privately owned property in the area available for future development and that the Caltrans property was reserved for future expansion of 1-91 and the 1-55 interchange. He does not believe it should be used for private development. A good use for the property would be to plant some trees and create a sound and pollution barrier between the freeway and existing homes. He also expressed other concerns as outlined in his prepared statement dated June 26, 1990. He does not agree with the argument that quantity housing is needed at the expense of quality of life. The motive is profit and not concern for providing low cost housing. The applicant is suggesting building homes where the back wall of the dwelling is the sound barrier wall for the freeway. There will also be light intrusion from car headlights pointing directly into the back yards of the first few homes along Riverdale when turning into the project. The lights would be several feet above the top of the existing wall. He urged the Council to deny the project. Lou Lenert, 121 North Redrock. He spoke to the safety concern associated with the proximity of the freeway to occupied structures. A waiver is requested allowing the project to build structures directly along the property line adjacent to the freeway. In recent years, freeway traffic has infringed on existing properties even though farther removed from the freeway. He then relayed a primary incident which occurred several years ago involving a big rig truck which landed in the yard of 4244 Addington causing extensive damage to the yard and subsequently to the structure when cleaning up of the accident took place. He also relayed another incident. He is concerned that the potential for such accidents will be even greater with the proposed structures being so close to the freeway. Marvin Soap, 4111 North Meadowbrook, Orange. He represents residents in Orange since the intersection is about three tenths of a mile from the Orange City limits. It is going to be a big problem for a lot of people. He also has concerns relative to line-of-sight in relation to the access point. The applicant talked about attainable housing but he feels it has to be in a safe environment. He urged the Council to act on the people's behalf. John Sunderson, 4359 Holtwood. He spoke to traffic considerations and what he referred to as the very special nature of Riverdale in that regard. The neighborhood would like a traffic light on Riverdale beyond what the engineers have been 661 189 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, able to gather from the data. He encouraged the Council to ask the engineers to analyze the data and submit a full statistical report. He is also concerned that some of the data was taken during Easter week which was not a true representation. He relayed many issues relating to traffic. In concluding he also spoke to other points previously expressed such as affordable housing, the apartments referred to should not even come into the discussion since they are far removed form the subject area, the suggestion that planting of trees in the area would be a good plan, etc. He also feels that since Caltrans is aware there is a sound problem related to the property, they should be asked why they put it on the market. The 152 unit proposed project along with the whole sum of everything being allowed to go into the canyon area has exceeded the environmental loading capacity of the canyon. He feels the Council should be asking the Planning Commission why Environmental Impact Reports are not being requested for developments going into the canyon. The canyon has a problem and they need to look at EIRs not only for this one complex which he is urging not be approved, but all the development going into the canyon. SUMMATION BY APPLICANT: Camille Courtney. She either answered or countered the concerns expressed. She also clarified that she was not talking about affordable homes; however in Orange County the proposal constitutes an affordable project. When a condominium is built that sells for $150,000, that $1,000 a square foot condominium built adjacent to single family homes per square foot is higher than the adjacent single family homes selling for $200,000. The impact of building next to single family raises the value of the homes by virtue of comparison. The project will function as a sound barrier. She also addressed the headlight impact, safety of the wall, safety of the access and other issues broached. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood asked to hear form the Traffic Engineer. Paul Singer, Traffic Engineer. Staff has looked at the project and recommended several things that became part and parcel of the project including certain conditions of development which should be part of the staff report and conditions of development. There were items of special concern. The applicant supplied a set of plans and profiles regarding the sight distance visibility at the proposed access point as well as the opponents. Staff compared them and made the determination based on the available information that the plan and profile presented by the opponents failed to take into consideration the entire project as stipulated by the Caltrans manual which he then explained. Ultimately in staff's technical 662 190 City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P.M. analysis of the two proposals, the Riverdale access point and its sight distance meets Caltrans minimum standards. Relative to the traffic signal, independent studies have been conducted egarding the warrants on traffic signals on the entire length of Riverdale between Tustin and Lakeview. The conclusion was that a signal is not warranted at the proposed access or at Finch Street. There is a minimum warrant which may be satisfied at Deerfield and Riverdale because there is a combination of events at that point. If there is going to be a signal it should probably be at Deerfield. Councilman Ehrle. The property is a difficult one. It faces the freeway but it is not necessarily industrial. It is zoned residential. He has always defended the rights of the property owner but also the rights of the neighbors and in this case will have to support the neighboring property owners. There are a number of reasons but primarily the developer when purchasing the property had full knowledge of the type of land they were buying. He wants it to be developed as well as the neighbors but it should be developed more in keeping with the neighborhood, RS-5000 single family homes. Somewhere between 67 to 75 single family homes was the number that could be developed which could sell in the neighborhood of $225,000. He would hope it would come back as detached single family homes. MOTION; Councilman Hunter moved to deny the mitigated negative declaration. Councilman Ehrle seconded the motion. Before a vote was taken, Councilman Daly stated he agrees this is a difficult project and feels it needs more work. He would favor asking the developer to continue to work with the neighbors to try to come up with a project more in keeping with the flavor of the neighborhood and one that is lower in density. He would ask that the developer return to the community and attempt to modify the project so that the community can support it. He suggests that the project and public hearing be continued to allow that to take place. Mayor Hunter. He would be opposed to continuing the hearing. The project should be completely denied. The people expressed their sentiments relative to quality of life, neighborhood integrity - that is the issue. If the project were built to code they would not have to come back. Councilman Ehrle. The vote at the Planning Commission level was three to two with two absent. He feels the project will come back but it should start through the process from the beginning and be submitted to the Planning Commission as a new project. 663 191 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P.M, Councilman Daly. He asked if the Council directs the project back to the Planning Commission how that differs from a denial and the project applicant returning to the Planning Commission. City Attorney White. If the Council refers the project back to the Planning Commission, it would be merely for a recommendation to the Council based upon possible revisions to the project or to revisit the project based upon a full Planning Commission being present. The recommendation of the Planning Commission would immediately come back to the Council and the project would again be in front of the City Council for action. If any changes were made to the project that would require additional variances, those could not be done without renoticing the project and for an additional public hearing at the Planning Commission or City Council level. If the Council denies the project, the distinction would be if the applicant would then wish to proceed with any modified form of the project, it would be necessary to file a new application, have it heard before the Planning Commission again and potentially make its way back to the Council possibly on an appeal or a review. He further explained for Councilman Daly that it automatically came before the Council because of the General Plan Amendment. At this time, the Planning Commission is divested of jurisdiction and the only thing that they could do is get a referral from the Council to make a recommendation back to the Council. The Council would have to make the final decision as it now stands. Councilman Daly. His feeling is the project can be saved. It needs work and more discussion between the developer and the neighborhood and he would like to recommend that the Council refer the project back to the Planning Commission and ask the developer to reduce the density and work with the neighborhood. Mayor Hunter. He reiterated he would be opposed to that. It is a project where they need to draw lines. He does not feel there is any compromise. It is very rare for the Council to send something back to the Planning Commission. Generally a project iS either approved or denied. He called for a vote on the CEQA finding. Councilwoman Kaywood. She and Councilman Daly went to the neighborhood. She still has questions relative to comments made that need clarification. She posed questions to the Traffic Engineer relative to the sight distance. He reiterated his previous explanation. He also confirmed that he does not have an answer on the elevation from the freeway to the actual site. He was never asked to analyze that issue since it was not a traffic issue. A vote was then taken on the motion by Councilman Hunter to deny the CEQA finding. The vote was as follows: 664 192 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M. AYES: COUNCIL MEMBERS: Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly and Kaywood ABSENT: COUNCIL MEMBERS: Pickler City Attorney White then explained under the law the Council cannot approve the three resolutions without first having a finding under the California Environmental Quality Act in favor of approving the mitigated negative declaration. Under Council rules, it provides in the event of a tie vote where a Member is absent whose vote if present would be sufficient to act upon the project and in the event of such absence the rule provides that the project application should automatically be continued without further notice to the next meeting of the Council at which all members will be present to vote. The matter is automatically continued to the next regular Council meeting which is two weeks from tonight. The public hearing portion is closed and unless reopened by the Council, no additional testimony will be taken. Councilman Pickler will have to listen to tonight's proceedings and subsequently another vote taken. MOTION: Councilman Hunter thereupon moved to approve the CEQA findings. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION; On motion by Councilman Hunter, seconded by Councilman Ehrle, the City Council does hereby approve a mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City Council has considered the proposal with the mitigated Negative Declaration and accompanying Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered a resolution to deny General Plan Amendment No. 301, deny Reclassification No. 89-90-52 and deny Variance No. 4056. The vote to deny the General Plan Amendment, Reclassification and Variance was as follows: AYES: COUNCIL MEMBERS: Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler City Attorney White clarified for the Mayor that the resolutions did not pass since the City Charter requires three yes votes to adopt a resolution. If Councilman Pickler were present potentially there could be a third yes vote. Unless a different vote is taken, the resolutions will automatically be continued to the next regular meeting for Council determination. 665 193 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, Mayor Hunter. Before the people in the audience leave, he stated he feels it is a travesty to force another public hearing on the issue. The Council in the last couple of years has been talking about downzoning and neighborhood integrity and when they have an opportunity to show their true colors they do not follow through. He cannot believe they are going to force the large crowd present inside and outside the Chamber to come back again. Councilman Daly. He feels it is unfair for the Mayor to select one project out of all the projects the Council has voted on and in some cases where the Mayor as well has voted for multi-family projects. To be fair, each project should be considered on its own merits. The public hearing was continued to Tuesday, July 10, 1990 at 6:00 p.m. for full Council action, the public input portion having been closed. The continuation is for a Council decision on the project. RECESS: By general consent, The Council recessed for 10 minutes (9:20 p.m.) AFTER RECESS: The Mayor called the meeting to order all Council Members being present with the exception of Councilman Pickler. (9:37 p.m.) AGENT: 179, CONTINUED PUBLIC HEARING - RECLASSIFICATION NO, 89-90-48, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3253 AND NEGATIVE DECLARATION; OWNERS: Center Park Investments N.V. 333 City Boulevard West, #501 Orange, California 92668 De Beikes Investment Company 2300 Michelson Drive, #200 Irvine, California 92715 LOCATION/REQUEST: The property is located at 1521 North Imperial Highway (4.4 acres located north and west of the northwest corner of La Palma Avenue and Imperial Highway.) The request is for a change in zone from RS-A-43,000 (SC) to CL (SC); and to permit a commercial retail center with a semi-enclosed restaurant with "on-sale" alcoholic beverages, with waivers of minimum number of parking spaces, minimum structural setback adjacent to Imperial Highway and prohibited roof mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION; Reclassification No. 89-90-48 GRANTED (PC90-76) (6 yes votes, 1 absent). Waiver of code requirement GRANTED. Conditional Use Permit No. 3253 GRANTED (PC90-77) with an additional condition requiring reciprocal access easements on both driveways to go with the land; Negative Declaration approved. PUBLIC HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman 666 194 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P.M. Ehrle and Councilwoman Kaywood at the meeting of April 17, 1990, and continued from the meetings of May 8, 1990 and June 5, 1990 to this date. City Clerk Sohl. She announced that staff has recommended that the item be removed form the agenda and referred to the Planning Commission to be readverttsed. Annika Santalahti, Zoning Administrator then explained that the revised plans reflect that it is essentially a new project and thus the reason for staff's recommendation. Councilwoman Kaywood. She asked if the revised plans will take care of the problem she was concerned about; Miss Santalahtt answered her understanding was that they would. She also confirmed that the setback to Imperial is still 21 feet. Mayor Hunter asked if anyone was present to speak to the matter or opposed to the project going back through the Planning process; there was no response. MOTION; Councilman Daly moved to approve staff's recommendation that the item be removed from the agenda at this time and referred to the Planning Commission to be readvertised. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 179, CLASS 1; AGENT: PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3272, CATEGORICALLY EXEMPT, Inter-Ocean Trade Corporation, A California Corporation 735 Fairway Lane Anaheim, California 92807 Wade Stelzer 2500 West Lincoln, #12 Anaheim, California 92801 LOCATION/REQUEST: The property is located at 2500 West Lincoln Avenue, #12. The property is approximately 1.68 acres located at the southeast corner of Lincoln AVenue and Gain Street. The request is to permit a pawn shop. ACTION TAKEN BY THE PLANNING COMMISSION; Conditional Use Permit No. 3272 APPROVED (PC90-108) (7 yes votes). PUBLIC HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly at the meeting of May 22, 1990 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 14, 1990. Posting of Property June 15, 1990. Mailing to property owners within 300 feet - June 12, 1990. 667 '195 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, PLANNING STAFF INPUT: See staff report to the Planning Commission dated May 7, 1990. APPLICANT'S STATEMENT: Edward Finney, 2515 West Lincoln. He and his partner Wade Stelzer are before the Council to seek approval of expanding their existing jewelry store business for a pawn broker business. The neighbors feel they will bring undesirable elements into the neighborhood which is an erroneous assumption. They are honest, ethical businessmen who have been in business in the City of Anaheim for almost 30 years between them. They do not want to do anything detrimental to their City. The Council has received letters testifying to their honesty and integrity. He also lives directly across the street from the business. They will be installing surveillance cameras. He then explained how a pawn shop is run. In concluding he stated they consider themselves a jewelry store first and foremost and will continue to do so. They intend to cooperate fully with the Anaheim Police Department and State Department of Justice or any other agency. He invites anyone to come in any time to see a well lit well run place of business. He reminded the Council what it gives it can also take away. If the business were found to be engaging in unlawful activities or undesirables hanging around, the Conditional Use Permit could be revoked. It is their hope the facts as presented will alleviate fears and concerns. Councilwoman Kaywood. The business backs to the neighborhood on Gain Street. When the shopping center went in, the promise at that time was that it would be low key and no disturbance to the residential neighborhood. With the wall that was constructed cars were not supposed to cut through but they do cut through and have crashed into walls. There have been other problems as well. It is not a usual thing when the Council receives testimonials on behalf of an applicant. She would like to know if staff has heard from any of the people on Gain or Chain. Annika Santalahti, Zoning Administrator. Staff has not received any correspondence other than the letters the Council received in favor of the business. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION - IN FAVOR: Robert Bell. He owns the pizza business two doors down. in favor. He is Doug Renner, 1226 Westmont. He is present to speak in favor of the two gentlemen applying for the permit. He has known Wade Stelzer for about 20 years and Ed Finney for at least 10. Mr. 668 196 City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P,M, Stelzer was a member of the City's downtown establishment when all the local businesses were located there. His business was always well run. He does not believe the proposed business will cause any incursion of undesirables into the location he has chosen. PUBLIC DISCUSSION - IN OPPOSITION: Nancy Brown, 2513 Chain Avenue, directly behind the jewelry store. She has nothing against the gentlemen. Her concern is the residential neighborhood immediately behind the proposed business with 91 single family homes. There is a pawn shop on Brookhurst and Ball. The immediate area is run down - the homes and the area. The residents do not want that to happen in their area. There have been problems with the center and Councilwoman Kaywood is aware of them. They have had to ask the owner of the center to tow cars away and people were sleeping in cars in the alley part of the center. She would hate to see a pawn shop allowed there. The present applicants may be very honest but when they sell the business it will pass to another owner. It will not add any integrity to the community or the area. She thereupon submitted a petition containing 68 signatures from the 91 homes in the area who are all opposed. Carol Parmesberger, 129 Gain Street. She is the Neighborhood Watch Captain. There are two apartment complexes one on Lincoln and one on Broadway. There seems to be a gang that has developed between the two apartment buildings and they are coming down Gain Street. A pawn shop will lower the level of their beautiful neighborhood. She has worked with the applicant and has purchased things from him. She has nothing but praise for him but once a pawn shop is allowed, it will lower the status of the neighborhood and the center. After further discussion and questioning between Council and staff for purposes of clarification, Councilman Daly asked Mr. Finney what signage he planned for the business. Mr. Finney explained they would like to advertise that it is a pawn shop and put it on their sign. They want to call it Anaheim Jewelry and Loan with two small signs and will also indicate a pawn shop. They are not talking about installing new signs but would change a couple that say jewelry to pawn shop. There being no further persons who wish to speak Mayor Hunter closed the public hearing. Mayor Hunter. This is a Conditional Use Permit. If things happen out there that are a detriment and come to the attention of the Council via the Police Department and Code Enforcement, the CUP can then be reconsidered by the Council. 669 197 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Hunter, seconded by Councilman Daly, the City Council ratified the determination that the proposed activity falls within the definition of Section 3.01 Class 1, 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 Environmental Impact Report. 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-225) 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-225 for adoption, granting Conditional Use Permit No. 3272 subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO, 90R-225; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3272. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler The Mayor declared Resolution No. 90R-225 duly passed and adopted. 179 PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3275 AND MITIGATED NEGATIVE DECLARATION; OWNER: The Heritage, A California G.P. 1940 North Tustin Avenue, #100 Orange, California 92665 AGENT: Craig Combs Associates Architects 1535 Monrovia Avenue Newport Beach, California 92663 LOCATION/REQUEST: The property is located at 425 North Magnolia Avenue. It is approximately 9.2 acres on the west side of Magnolia Avenue approximately 662 feet south of the centerltne of Crescent Avenue. The request is to permit a 334-unit deck-type housing apartment complex with waiver of minimum distance between two parallel walls. ACTION TAKEN BY THE PLANNING COMMISSION: DENIED (PGg0-110) (7 yes votes). Waiver of code requirement DENIED. Denied Mitigated Negative Declaration. Conditional Use Permit No. 3275 670 198 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 HEARING SET ON: The decision of the Planning Commission was appealed by Palmiert, Tyler, Wiener, Wilhelm and Waldron on behalf of the owner (The Heritage) and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication tn Anaheim Bulletin June 14, 1990. Mailing to property owners within 300 feet - June 12, 1990. Posting of property June 15, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated May 7, 1990. City Clerk Sohl announced that letter dated June 26, 1990 was received in her office today wherein the applicant requests continuation of the public hearing for 30 days in order to allow the applicant to revise the proposed project to reduce its density and further requests Council to direct staff to remove the proposed General Plan and Reclassification as it pertains to the project (GPA 299-1 and -2, Reclassification No. 89-90-51) scheduled for the Council agenda on July 10, 1990 until after Council's action on Conditional Use Permit No. 3275. If the Council does so, those items will need to be continued to the same time as this item so that they will be held concurrently. Mayor Hunter. He first asked if there was anyone present who would be opposed to the request for continuance; there were a number of people in the Chamber audience indicating they would be opposed. Councilman Daly noted that the letter stated that the applicant was looking to lower the density of the project. Annika Santalahti, Zoning Administrator. If there is a continuance, and she was going to request one if the letter had not been received, it should be held at the same time as General Plan Amendment No. 299-1 and -2. It is part of the housing study that Planning has been presenting to the Council and this piece of property was scheduled for a Planning Commission hearing for a lowering in the General Plan density and a reclassification to drop the density. The Commission approved the GPA and rezontng to RM-3000 and denied this proposal which is RM-1200. In the time since the Planning Commission held their hearing, there has been an amendment to the zoning code which affects the project requiring a 20 foot landscaped setback along the west property line. Even if the Council were prepared to act today, she does not see how they could act favorably on the proposal as it is posted on the Chamber wall tonight because there is approximately a 5 foot landscape strip in that location. 671 199 City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990, 5;30 P,M, Mayor Hunter. This was opposed by the Planning Commission 7-0. The General Plan Amendment comes before the Council in two weeks. If the subject hearing is continued to that date, the whole matter could be heard together. City Clerk Sohl noted that the applicant's request is to continue everything for four weeks or approximately July 24, 1990. Mayor Hunter stated that the proposed General Plan Amendment is to downzone the area and if that is approved, the proposed project is probably moot. Ruth Good, 1359 Sheryl Street. The residents are for that. Relative to the request for continuance, one of their best spokesmen will not be available in four weeks. She suggested a two month continuance; Councilman Daly suggested a continuance to August 14, 1990 which is six weeks. Pat Doris. She feels two months or even six weeks is too long a continuance. The original plan the owners requested is reasonable. As tenants living in the project, they would like to have some kind of resolution. It is not fair to keep them waiting. MOTION; Councilman Hunter moved to continue the subject public hearing to Tuesday, August 14, 1990. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. 179. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, VARIANGE NO, 4049, CATEGORICALLY EXEMPT. CLASS 11: OWNER: Narottamabhai Patel et al 1536 North Western Avenue Hollywood, California 90027 AGENT: Quiel Brothers Signs 272 South I Street San Bernardino, California 92410 LOCATION/REQUEST: The property is located at 1914 South Anaheim Boulevard. It is approximately 1.6 acres located on the northeast side of Anaheim Boulevard and approximately 450 feet northwest of the centerline of Paclfico Avenue. The request is for waivers of maximum number of freestanding signs, permitted location of freestanding signs and maximum sign area within parking area to construct two freestanding signs. ACTION TAKEN BY THE PLANNING COMMISSION; Variance No. 4049 GRANTED (PC90-111) applicant to stipulate to an 8' x 20' freestanding sign with no changeable copy, and allow a small monument sign with changeable copy (5 yes votes, 2 no votes). 672 200 City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990. 5:30 P.M. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Daly and Councilwoman Kaywood at the meeting of May 22, 1990 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 14, 1990. Posting of Property June 15, 1990. Mailing to property owners within 300 feet - June 12, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated May 7, 1990. Councilman Daly. The reason he asked for a hearing is that the City has embarked on a major effort to control signs and improve the beautification of the whole Stadium-Convention Center-Disneyland area. The subject request involves waivers which are not necessary. The decision was a split vote at the Planning Commission. His specific concerns were with the waivers that are necessary to put up extra signs. Right now the City allows one freestanding sign and he feels that is legitimate. Other businesses along the freeway are doing fine with one sign. George Kimball, Wheel Brothers Sign Company, San Bernardino. He has been working with Ray Patel, the owner of the facility since its inception. They have been doing sign work in a very professional manner for 28 years. The purpose is to communicate to the public in some kind of reasonable way with an adequate sign and one that is in good taste. They have met those requirements. People have to get onto Anaheim Boulevard. Going south is Haster Street and a hard turn is necessary to get to the motel. If there is no visible signage from the main street, it is impossible to know that the motel is there. It is important that the public know that a motel is located on that street. Relative to sign size, they agreed to adjust that at the last meeting to 8' x 20' and that there be no marquee or chan§eable copy on that si§n. The Planning Commission stated they could have a small double-faced sign on the street as a locator sign with a small marquee, a small monument sign 4' by 6', and they felt that was reasonable. The motel is ready to open in three weeks with no signage. The request is a reasonable one. Because there are two different sides to the structure and they are treating two different audiences, they are being reasonable in their request. Ray Patel, 1914 South Anaheim Boulevard. The reason they are asking for the two signs, it is the newest project on the street. They sit so far back that with the one freestanding sign, people would have to look all the way up. All they are asking for is a little monument sign. 673 201 City Hall, Anaheim, California - COUNCIL MINUTES - June 26. 1990, 5;30 P,M, There being no further persons who wished to speak, 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 3.01 Class 11, 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 Environmental Impact Report. 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-226) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Pickler was absent. CARRIED. MOTION Councilman Hunter offered a resolution for adoption, granting Variance No. 4049 subject to the same stipulations as before the City Planning Commission. Before a vote was taken, Councilman Daly stated he is going to vote against the request. The first sign is too tall and the second sign is unnecessary. He appreciates the developer building a new project and he is cleaning up the site but he is adding more clutter to a far too cluttered corner. A vote was then taken on the foregoing resolution and failed to carry by the following vote: ROLL CALL VOTE: AYES: COUNCIL MEMBERS: Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly and Kaywood ABSENT: COUNCIL MEMBERS: Pickler City Attorney White. Because of the tie vote, the matter will have to be heard at the next regular meeting of the City Council for full Council action. The public testimony portion of the hearing has been closed and, therefore, no further testimony will be heard unless the Council so desires. The continued hearing will be for a Council decision on the matter. 179/185, PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORTS FOR DOWNTOWN PROJECT ALPHA REDEVELOPMENT PLAN (SUBSEQUENT), ENVIRONMENTAL IMPACT REPORT NO, 189, SUBSEQUENT EIR FOR PARCELS 8 AND 9, (AND SUPPLEMENTAL EIR FOR PARCEL 10), RECLASSIFICATION NO, 89-90-59, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3286, DEVELOPMENT AGREEMENT NO. 90-01; 674 202 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M. OWNER: Anaheim Redevelopment Agency 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION: (Koll Anaheim Center) Subject property is approximately 20 acres on the east side of Harbor Boulevard, 132 feet on the south side of Lincoln Avenue, 413 feet on the west side of Anaheim Boulevard, and 788 feet on the north side of Broadway (Downtown Redevelopment Project Alpha). RECLASSIFICATION of properties from CG (Commercial General), PD-C (Parking District-Commercial), and CO (Commercial Office) to CL (Commercial Limited) or a less intense zone. Petitioner request approval of a CONDITIONAL USE PERMIT to establish a 14-lot commercial subdivision and to permit and govern the construction of a commercial office and retail center, including three (3) restaurants with on-sale alcoholic beverages; a 200-room hotel; and a 2500 seat theatre with building heights in excess of seventy-five (75) feet with waiver of required lot frontage. DEVELOPMENT AGREEMENT 90-01: Request for a recommendation to the City Council for approval of Development Agreement No. 90-01 between Anaheim Center Associates, the Anaheim Redevelopment Agency, and the City of Anaheim to further provide for the implementation of the project. ACTION TAKEN BY THE PLANNING COMMISSION; Reclassification No. 89-90-59 GRANTED (PC90-133) (4 yes votes, 2 absent, 1 abstained). Waiver of code requirement GRANTED. Conditional Use Permit No. 3286 GRANTED (PC90-134). Recommended approval of Development Agreement (PC90-135). Environmental Impact Reports previously certified are adequate for this project. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 14, 1990. Mailing to property owners within 300 feet Posting of property June 15, 1990. June 12, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated June 4, 1990. Executive Director of Community Development, Lisa Sttpkovich. The proposed Development Agreement between the City of Anaheim and the Anaheim Redevelopment Agency will give the Agency the entitlements which will then be passed on to the developer. She is prepared to answer any questions. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION IN FAVOR: None PUBLIC DISCUSSION IN OPPOSITION: None COUNCIL ACTION: Mayor Hunter closed the public hearing. 675 2O3 City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990, 5;30 P,M. Councilman Daly. He understands the post office site is going to be part of the package. Lisa Stipkovich. It is a part of the Development Agreement but the City does not legally own the site. They are still negotiating with the post office to relocate them. The last effort to find a site was to incorporate them into the Koll project in the parking structure for the City Utilities Building. They were told that due to the nature of the design of the retail space in the parking structure, that will not suit their needs. Staff is currently considering a temporary move into another building in the project area currently vacant and to continue working with them on a permanent site. They might be able to accommodate the post office in Phase II. As of today, they do not have a firm commitment for the post office to move. Mayor Hunter opened the Public Hearing. PUBLIC DISCUSSION IN FAVOR: None PUBLIC DISCUSSION IN OPPOSITION: None COUNCIL ACTION: Mayor Hunter closed the public hearing. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-227 and 90R-228) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 90R-227 for adoption approving Reclassification No. 89-90-59 and Resolution No. 90R-228 for adoption granting Conditional Use Permit No. 3286. Refer to Resolution Book. RESOLUTION NO, 9OR-227: 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 ANAHEIMMUNIGIFAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO, 90R-228; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3286. 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-227 and 90R-228 duly passed and adopted. 676 204 City Hall. Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, Councilwoman Kaywood offered Ordinance No. 5146 for first reading relative to Development Agreement No. 90-01. ORDINANCE NO, 5146 INTRODUCTION; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 90-01 BY AND BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM CENTER ASSOCIATES, (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. A48, 142/127, PROPOSED CHARTER AMENDMENTS; Submitted for Council review and approval were the following fourth and final group of Charter Amendments as submitted by the Charter Review Committee - Proposed Ballot Wording Section 1401 (substantive amendment) and Section 1211 (alternate ballot wording). Also submitted was joint report dated June 21, 1990 from the City Attorney/City Clerk recommending approval or revision of the wording for the proposed Charter amendments and ballot language for these sections. Included with the report was the resubmitted ballot language for Section 1211, alternates 1 and 2 for review and possible substitution. MOTION; Councilman Daly moved to approve the proposed Charter amendment and ballot language for Section 1401 as submitted by the Charter Review Committee for placement on the November 6, 1990 ballot. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. MOTION: Councilman Daly moved to approve the proposed Charter amendment and ballot language for Section 1211 substituting language alternate 1 as submitted by the City Attorney for placement on the November 6, 1990 ballot. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. A49. 105; BOARDS AND COMMISSIONS APPOINTMENTS/REAPPOINTMENTS TO TERMS EXPIRING JUNE 30, 1990; MOTION; Councilman Daly moved to continue appointments/reappointments to the City's Boards and Commissions to July 10, 1990 for full Council action. (Community Redevelopment Commission, Community Services Board, Housing Go~mission, Library Board, Parks and Recreation Commission, Planning Gom~ission, Public Utilities Board and Senior Citizen Commission). Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION GARRIED. Councilwoman Kaywood. She asked that all those presently serving on those Boards and Commissions to continue serving during the interim. 179; ITEMS BI - B14 FROM THE PLANNING COMMISSION MEETING OF JUNE 4, 1990; - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 26, 1990; BI, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3270 AND NEGATIVE DECLARATION: 677 205 City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P,M. OWNER: DAVID D'URSO, 4808 Sunrise Beach Road, Olympia, CA 98502 AGENT: PEGGY A LEFEBVRE, 3569 Enterprise Drive, Anaheim, CA 92807 LOCATION: 1547 East La Palma Avenue. Property is approximately 0.18 acre on the north side of La Palma Avenue approximately 650 feet east of the centerline of Acacia Street. To permit commercial use of a residential structure in the RS-A-43,000 zone with waivers of (a) vehicle parking limitation - GRANTED, (b) maximum structural height - GRANTED), (c) minimum rear yard setback - GRANTED, and (d) required landscaping (GRANTED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3270 GRANTED (PC90-129) with waivers of: (a) vehicle parking limitation - GRANTED, (b) maximum structural height - GRANTED, (c) minimum rear yard setback - GRANTED, and (d) required landscaping (GRANTED). (5 yes votes, 2 absent.) Approved Negative Declaration. B2. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3282, CATEGORICALLY EXEMPT, CLASS 14: OWNER: FIRST CHURCH OF THE NAZARENE ANAHEIM, 1340 North Candlewood Street, Anaheim, CA 92805 LOCATION 1340 North Candlewood (First Church of the Nazarene). Property is approximately 3.68 acres located at the northerly terminus of Norwood Street and Candlewood Street approximately 390 feet north of the centerline of Kenwood Avenue. To permit expansion of an existing church and educational facility with waivers of (a) minimum structural setback - DENIED,~ (b) maximum lot coverage DELETED, (c) minimum number of parking spaces - DENIED, and (d) maximum height of fence and hedge in front setback (DELETED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3282 DENIED (PC90-130) with waivers of: (a) minimum structural setback - DENIED, (b) maximum lot coverage - DELETED, (c) minimum number of parking spaces DENIED, and (d) maximum height of fence and hedge in front setback (DELETED). (5 yes votes, 2 absent.) Categorical Exemption status denied - Found project would not fit the definition of Categorical Exemption, Class 14 and would not be exempted from the requirement to prepare an EIR. B3, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3274 AND NEGATIVE DECLARATION: OWNER: ANAHEIM MEMORIAL HOSPITAL ASSOCIATION, A CALIFORNIA NONPROFIT CORPORATION, 1111 West La Palma Ave., Anaheim, CA 92801. AGENT: ROCHLIN, BARAN AND BALBONA, INC., 10980 Wilshire Blvd., Los Angeles, CA 90024. LOCATION: 8175 East Santa Aha Canyon Road. Property is 678 206 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, approximately 6.02 acres on the north side of Santa Aha Canyon Road and approximately 930 feet west of the centerline of Weir Canyon Road. To permit heights in excess of 35-feet for a 3-story medical facility with waivers of (a) minimum landscaped setback adjacent to freeway - GRANTED for 35 ft. setback, 30 feet requested, and with additional landscaping provided in plaza area and (b) minimum number of parking spaces GRANTED. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3274 GRANTED, IN PART (PC90-131) subject to coffee break plaza area being landscaped more heavily with staff approval of the plan and the setback being 35 feet rather than 30 as proposed. Waivers: (a) minimum landscaped setback adjacent to freeway - GRANTED for 35 ft. setback, 30 feet requested and with additional landscaping provided in plaza area, and (b) minimum number of parking spaces - GRANTED. (3 yes votes, 2 absent, and 2 abstained.) Approved Negative Declaration. B4, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3277 AND NEGATIVE DECLARATION: OWNER: ARCIERO OFFICES, A CALIFORNIA PARTNERSHIP, 950 N. Tusttn Ave., Anaheim, CA 92807 LOCATION: 970 North Tustin Avenue. Property is approximately 2.8 acres on the east side of Tustin Avenue approximately 498 feet and further described as 970 North Tustin Avenue. To permit industrially related office uses in an existing industrial building with waivers of (a) minimum distance between freestanding signs - GRANTED, (b) maximum number of freestanding signs - GRANTED, (c) signs in parking/landscape area - GRANTED, and (d) permitted type of sign - GRANTED, IN PART. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3277 GRANTED, IN PART, (PC90-132) (5 yes votes, 2 absent). Waivers of: (a) minimum distance between freestanding signs - GRANTED, (b) maximum number of freestanding signs - GRANTED, (c) signs in parkin~/landscape area CRANTED, and (d) permitted type of sign - GRANTED, IN PART, with restriction for marquee sign to only display time and temperature, and no changeable copy. Approved Negative Declaration. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B5. ENVIRONMENTAL IMPACT REPORTS FOR DOWNTOWN PROJECT ALPHA REDEVELOPMENT PLAN (SUBSEQUENT), EIR NO, 189, SUBSEQUENT EIR FOR PARCELS 8 AND 9, (AND SUPPLEMENTAL EIR FOR PARCEL 10), RECLASSIFICATION NO, 89-90-59, 679 207 City Hall, Anaheim, California COUNCIL MINUTES - June 26, 1990, 5;30 P,M, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3286. DEVELOPMENT AGREEMENT NO, 90-01: OWNER: ANAHEIM REDEVELOPMENT AGENCY, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: (Koll Anaheim Center) Subject property is approximately 20 acres on the east side of Harbor Blvd., 132 feet on the south side of Lincoln Avenue, 413 feet on the west side of Anaheim Blvd., and 788 feet on the north side of Broadway (Downtown Redevelopment Project Alpha). Reclassification of properties from CG (Commercial General), PD-C (Parking District-Commercial), and CO (Commercial Office) to CL (Commercial Limited) or a less intense zone. Petitioner requests approval of a Conditional Use Permit to establish a 14-lot commercial subdivision and to permit and govern the construction of a commercial office and retail center, including three (3) restaurants with on-sale alcoholic beverages; a 200-room hotel; and a 2500 seat theatre with building heights in excess of seventy-five (75) feet with waiver of required lot frontage. DEVELOPMENT AGREEMENT NO.90-01: Request for a recommendation to the City Council for approval of Development Agreement No. 90-01 between Anaheim Center Associates, the Anaheim Redevelopment Agency and the City of Anaheim to further provide for the implementation of the project. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-59 GRANTED (PC90-133) (4 yes votes, 2 absent, 1 abstained). Waiver of code requirement GRANTED. CUP No. 3286 GRANTED (PC90-134). Recommended approval of Development Agreement (PC90-135). EIR's previously certified are adequate for this project. Set for public hearing, see item D6 (page 30) on today's agenda. B6, VARIANCE NO. 4052. TENTATIVE TRACT NO, 14270 AND NEGATIVE DECLARATION: OWNER: HARE T. KISHIYAMA, 3174 West Rome Ave., Anaheim, CA 92803 AGENT: ALMARON CORP., ATTN: George Hansen, 8055 Florence Ave., Downey, CA 90240 LOCATION: 828 South Western Avenue. Property is approximately 1.05 acres located at the northeast corner of Western Avenue and Terantmar Drive. Waiver of minimum lot width to establish a 5-lot RS-7200 residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4052 GRANTED (PC90-136) (4 yes votes, 3 absent). Tentative Tract Map No. 14270 APPROVED. No action was taken by City Council at the meeting of June 12, 1990. (Appeal period on Tentative 680 208 City Hall, Anaheim, California - COUNCIL MINUTES - June 26. 1990. 5:30 P.M. Tract Map No. 14270 expired June 14, 1990.) Approved Negative Declaration. B7. VARIANCE NO, 4053 AND NEGATIVE DECLARATION: OWNERS: DON V. EDMONDS, P.O. Box 42, Pistal River, Oregon 97444 AGENT: DENNIS HARDIN, HARDIN HONDA, 1300 South Anaheim Blvd., Anaheim, CA 92805 LOCATION: 1381 Auto Center Drive. Property is approximately 2.34 acres on the north side of Auto Center Drive approximately 1400 feet southwest of the centerline of Ball Road. Waiver of permitted business signs, maximum sign height, and maximum sign area for signs in parking landscape areas to construct one 2-sided, 70 foot high 780-square foot per side electronic reader board freestanding sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4053 GRANTED (PC90-137). (5 yes votes, 2 absent.) Approved Negative Declaration. BB. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO 3285 AND NEGATIVE DECLARATION: OWNER: MARY L. COLLIER AND CARLA P. PEMBERTON, 1650 Cornelian, Anaheim, CA 92802 AGENT: ROBERT AND PHILLIP CASE, 1249-A East Imperial Hwy., Placentta, CA 92670 LOCATION: 707 South Webster Avenue. Property is approximately 0.54 acre on the west side of Webster Avenue approximately 960 feet south of the centerline of Orange Avenue. To permit the construction of a 3-story, 19-unit deck-type housing apartment complex with waivers of: (a) maximum structural height - DELETED, (b) minimum distance between buildings - GRANTED, (c) minimum landscape setback adjacent to a single-family zone GRANTED), and (d) minimum recreational-leisure area - DELETED. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3285 GRANTED, IN PART, (PC90-138) (waivers b and c Granted with 130 sq. ft., waivers a and d deleted) (4 yes votes, 2 absent and 1 abstained) (a) maximum structural height DELETED, (b) minimum distance between buildings - GRANTED, (c) minimum landscape setback adjacent to a single-family zone - GRANTED, and (d) minimum recreational-leisure area DELETED. Approved Negative Declaration. B9¸ CONDITIONAL USE PERMIT NO, 3287 AND NEGATIVE DECLARATION' OWNER: PLOTKIN, ROSEN DEVELOPMENT, 19773 MacArthur Blvd., #201, Irvine, CA 92715 AGENT: GRIMMWAY DEVELOPMENT, ATTN: JUNE HALLEY, 2411 E. Pacific Coast Hwy., #300, Corona Del Mar, CA 92625 LOCATION: 810 North Euclid Street. Property is approximately 0.46 681 209 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, acre on the east side of Euclid Street and approximately 240 feet south of the centerltne of Catalpa Drive. To permit a 2,600 foot drive through restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3287 GRANTED (PC90-139) with stipulation that north driveway would be limited to right turns in and right turns out and plans to be approved by City Traffic Engineer; drive through window acceptable to Traffic Engineer (5 yes votes, 2 absent). Approved Negative Declaration. Bi0. RECLASSIFICATION NO. 89-90-60. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3288 AND NEGATIVE DECLARATION: OWNER: PLOTKIN, ROSEN DEVELOPMENT, 19772 MacArthur Blvd., #201, Irvtne, CA 92715 AGENT: GRIMMWAY DEVELOPMENT, ATTN: JUNE HALLEY, 2411 East Pacific Coast Hwy., #300, Corona Del Mar, CA 92625 LOCATION: 820 North Euclid Street. Property is approximately 1.83 acres located on the east side of Euclid Street approximately 390 feet south of the centerline of Catalpa Drive. For a change in zone from CL to RM-1200, and to permit a 4-story 66-unit deck type housing apartment complex with waivers of: (a) required elevators GRANTED, (b) required boundary screening - GRANTED, and (c) minimum building site width - GRANTED. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-60 GRANTED (PC90-140). CUP No. 3288 GRANTED (PC90-141) waiver of (a) required elevators - GRANTED, (b) required boundary screening - GRANTED, and (c) minimum building site width - GRANTED. (5 yes votes, 2 absent.) Approved Negative Declaration. Councilwoman Kaywood posed questions to staff for purposes of clarification expressing her concern that she feels the proposal is overbuilding the property. No further action was taken by the Council. Bll. RECLASSIFICATION NO 89-90-57 AND NEGATIVE DECLARATION- INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA 92803 LOCATION: 3238-3302 West Ball Road. Property is approximately 3.88 acres consisting of those 2 parcels located on the south side of Ball Road, approximately 495 feet west of the centerline of Western Ave. A City-initiated reclassification of subject properties from the RS-A-43,000 (Residential, Agricultural) Zone to the RM-3000 (Residential, Multiple-Family) or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-57 GRANTED (PC90-142). 682 210 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5:30 P.M. (5 yes votes, 2 absent.) Approved Negative Declaration. Annika Santalahtt, Zoning Administrator. She asked that the Council set the matter for a public hearing and that it be heard at the same time as the Council hears General Plan Amendment No. 304 at a public hearing. She noted that GPA No. 304 was scheduled to be heard before the Council on July 10, 1990; therefore, at that time, that public hearing will have to be continued until the time of the public hearing on the reclassification. MOTION; Councilman Hunter moved that Reclassification No. 89-90-57 and Negative Declaration be set for a public hearing and at the Council meeting of July 10, 1990 when the public hearing is held on General Plan Amendment No. 304. It will be the Council's intention at that time to continue that public hearing until the time of the public hearing on Reclassification No. 89-90-57 so that they may be heard concurrently. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. B12. GENERAL PLAN AMENDMENT NO, 308-1 AND 2, RECLASSIFICATION NO. 89-90-58 AND NEGATIVE DECLARATION: INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA 92805 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. A City-initiated amendment to the Land Use Element of the General Plan redesignating subject areas from the Medium Density Residential designation to the Low-Medium Density Residential designation (Area 1) and from the Low Density Residential designation to the Low-Medium Density Residential designation (Area 2). LOCATION: Area 1, approximately 7 acres consisting of those parcels located on the east and west sides of Ix)ara Street beginning at the southern city limits and extending north approximately 660 feet, also including those parcels located on the north and south sides of Wilmot Lane. Exceptin§ that parcel located on the northwest corner of Wilmot Lane and Loara Street. LOCATION: Area 2, approximately 4.6 acres consisting of that parcel located on the east side of Euclid Street, having a frontage of approximately 330 feet on the east side of Euclid Street, having a maximu~ depth of approximately 608 feet and being located approximately 190 feet south of the centerline of Cindy Lane. ACTION TAKEN BY THE PLANNING COMMISSION: GPA No. 308-1 APPROVED, EXCEPT LOTS FACING Della, Exhibit A amended, and GPA No. 308-2 APPROVED, Exhibit A, (PC90-143) Reclassification No. 89-90-58 GRANTED to RM-3000 (PC90-144) 683 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P.M, (5 yes votes, 2 absent). Approved Negative Declaration. Set for a public hearing before the City Council on July 17, 1990, necessitated by General Plan Amendment No. 308-1 and 2. B13, GENERAL PLAN AMENDMENT NO, 309 AND NEGATIVE DECLARATION: INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: 222 North East Street. Property is approximately 8.2 acres located on the southeast corner of Cypress Street and East Street. A City-initiated amendment to the Land Use Element of the General Plan redesignating subject area from the General Commercial and Medium Density Residential designations to the Low-Medium Density Residential designation. ACTION TAKEN BY THE PLANNING COMMISSION: GPA No. 309 GRANTED (PC90-145) Exhibit A, (4 yes votes, 3 absent). Approved Negative Declaration. Set for a public hearing before the City Council on July 17, 1990, necessitated by General Plan Amendment No. 309. REPORTS AND RECOMMENDATIONS: B14, PROPOSED CODE AMENDMENT PERTAINING TO GOVERNMENTAL OFFICES IN THE INDUSTRIAL ML ZONE: Evan L. James (Dominion Property Company). ACTION TAKEN BY THE PLANNING COMMISSION; DENIED proposed code amendment pertaining to governmental offices in the industrial ML zone. 179: ITEMS B15 - B16 FROM THE PLANNING COMMISSION MEETING OF JUNE 18. 1990 - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 28, 1990 B15, VESTING TENTATIVE MAPS OF TRACT NOS, 12685, 12686, 12687, 12688, AND REVISION NO, 1 OF TENTATIVE TRACT NOS, 12689 and 12690 - REQUEST FOR AN EXTENSION OF TIME Applicant (Presley of Southern California) has submitted a request for a one-year extension of time for Vesting Tentative Tract Nos. 12685, 12686. 12687 and 12688 and Tentative Tract Nos. 12689 and 12690 to comply with conditions of approval. The six (6) tracts totaling approximately 318.12 acres (including Deer Canyon Open Space Acreage) are generally bounded on the north by the East Hills Planned Community, on the east by Sycamore Canyon and by the Highlands at Anaheim Hills Development Areas 6, 7, 9 and 10 on the south and west by the Mohler Drive Area and Anaheim Hills Planned Community and 684 212 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, further described as Highlands at Anaheim Hills Specific Plan (SP 87-1) Development Areas 1, 2, 4 and 5 and adjacent Deer Canyon open space acreage. ACTION TAKEN BY THE PLANNING COMMISSION: Vesting Tentative Maps of Tract Nos. 12685, 12686, 12687, 12688, and Revision No. 1 of Tentative Tract Nos. 12689 and 12690 request for an extension of time APPROVED (6 yes votes, 1 absent). B16. TENTATIVE TRACT MAP NO. 12689 AND 12690: Presley of Southern California requests approval of final site plans for Tentative Tract Map Nos. 12689 and 12690 ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED final site plans for Tentative Tract Map Nos. 12689 and 12690 (6 yes votes, 1 absent). End Planning Commission Items from June 4 and June 18, 1990. 179; ITEMS B17 DECISION DATE; 1990: B21 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 14, 1990 - JUNE 21, 1990 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 6, B17, CONDITIONAL USE PERMIT NO, 3276 AND NEGATIVE DECLARATION: OWNER: HWA JA RAH, 2207 W. Woodley Avenue, Anaheim, CA 92801. LOCATION: 2207 and 2211 West Woodley Avenue. Property is approximately .45 acre located at the northwest corner of Brookhurst Street and Woodley Avenue. To permit a child care facility for 30 children. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP No. 3276 GRANTED (ZA90-31) for one year with added conditions. Approved Negative Declaration. Councilwoman Kaywood expressed concerns relative to parking and traffic circulation when children are picked up and dropped off which concerns were referenced in a letter and photograph from one of the residents. Annika Santalahtt, Zoning Administrator then answered questions posed by Councilwoman Kaywood. She explained that the Traffic Engineer and the neighbors who were concerned were willing to give it a try for the one-year period along with conditions of approval which require signage in the front area to direct traffic. The letter was more to set a record that if something goes wrong it would be on the record. No further action was taken by the Council. B18. VARIANCE NO, 4057, CATEGORICALLY EXEMPT, CLASS 1: OWNER: JUDITH CAMPANILE, 842 North Helena Street, Anaheim, CA 92805. LOCATION: 842 North Helena Street. Property is approximately 685 213 City Hall, Anaheim, California COUNCIL MINUTES June 26, 1990, 5:30 P.M. 12 acre on the east side of Helena Street approximately 215 feet south of the centerline of La Verne St. Waiver of maximum lot coverage to construct a 2-car garage for an existing single-family residence. ACTION T~d~EN BY THE ZONING ADMINISTRATOR: Variance No. 4057 GRANTED (ZA90-32) with added conditions. B19, CONDITIONAL USE PERMIT NO, 3164 - REOUEST FOR AN EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: THOMAS STEINFELD LOCATION: 1421 West Ball Road Petitioner requests an extension of time on Conditional Use Permit No. 3164 to comply with conditions of approval. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Extension of time on CUP No. 3164 APPROVED to 6/20/91. B20, ADMINISTRATIVE USE PERMIT NO. 90-2: LOCATION: 1208 North Moraga Street. To permit a large family day care for up to twelve children. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Use Permit No. 90-2 APPROVED (ZA90-33). B21, ADMINISTRATIVE ADJUSTMENT NO, 0051, CATEGORICALLY EXEMPT, CLASS 5: LOCATION: 3625 West Savanna Street Waiver of minimum building site width to establish a substandard parcel for a previously approved 12-unit apartment complex. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0051 APPROVED (ZA90-34). End of the Zoning Administrator Items. MOTIONS CARRIED. B22. 179; ORDINANCE NO. 5144 - ADOPTION; Amending Title 18 to rezone property under Reclassification No. 88-89-20, located at 1949 Ninth ~treet, from the RS-A-43,000 zone to the RS-7200 zone. WAIVER OF READING - ORDINANCE; The title of the following ordinance was read by the City Clerk. (Ordinance No. 5144) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Ordinance No. 5144 for adoption. Refer to Ordinance Book. 686 214 City Hall, Anaheim, California - COUNCIL MINUTES June 26, 1990, 5;30 P,M, ORDINANCE NO. 5144: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Ordinance No. 5144 duly passed and adopted. B23 and B24, 179; ORDINANCE NOS, 5147 AND 5148 - INTRODUCTION: (1) Amending Title 18 to rezone property under Reclassification No. 88-89-40, located at 200 West Midway Drive (Midway Trailer Park) from the RS-7200 zone to the RS-A-43,000 (MHP) zone and; (2) Amending Title 18 to rezone property under Reclassification No. 88-89-19, located at the southwest and southeast portion of Pointe Premier (a private street) south of Avenue De Santiago from the RS-A-43,000 (SC) zone to the RS-HS-22,000 (SC) zone. Councilman Hunter offered Ordinance Nos. 5147 and 5148 for first reading. ORDINANCE NO, 5147: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO, 5148; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. B25, 179; CONDITIONAL USE PERMIT NO, 1080 - REQUEST FOR TERMINATION; Requested by Ramesh M. Patel, 8218 Orange St., Downey, CA 90242. LOCATION: The property is located at 328 North Stanton Avenue. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-229) Councilman Daly moved to waive the reading in full of the resolution. Gouncilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Daly offered Resolution No. 90R-228 for adoption, terminating Conditional Use Permit No. 1080 as Granted by Resolution No. 69R-42, as recommended in memorandum dated May 30, 1990 from the Zoning Administrator. Refer to Resolution Book. RESOLUTION NO, 90R-229; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING CONDITIONAL USE PERMIT NO. 1080 AS GRANTED BY RESOLUTION NO. 69R-42. Roll Call Vote: 687 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter None Pickler The Mayor declared Resolution No. 90R-228 duly passed and adopted. C1, 108, HEARING - REQUEST FOR ABATEMENT OF PENALTY AND INTEREST - PAN PACIFIC HOTEL; To consider the request of Pan Pacific Hotel for abatement of the penalty and interest assessment in the amount of $8,926.36 in connection with payment of the Transient Occupancy Tax. Submitted was report dated June 18, 1990 from Mary Turner, City Treasurer recommending that the Council deny the request of Pan Pacific Hotel for abatement of the penalty and interest assessment in the amount of $8,926.36. A representative from Pan Pacific Hotel stated that the report was done on time. Their check in the amount of $88,819.00 was cut and the envelope mailed on the due date. As a practice, they take all official checks to the post office. The new mail clerk did not take it to the post office but to the mail box. They are now assuming that although it was placed in the mail box April 30th, it was after the postman picked up the collection. It arrived at the City with a postmark of May 1, 1990. They have never been late. They file their taxes with the City, County, State and Federal before the due dates. They respectfully request the Council to waive the interest and penalties as their intent was to be on time. Bill Sell, Treasury Manager. The March payment was due postmarked by April 30th and they received it May 1, 1990. The ordinance is very specific providing that they accept the U.S. Postmaster cancellation mark as the date of payment. They do provide hotels and motels 30 days to get their payments into the City before they are delinquent. City Attorney White. The code provides that under no circumstances can the interest portion that is due be waived. That portion amounts to $44.41. The code does provide that all or part of the penalty portion can be waived upon a four fifths vote of the total Council Membership upon a finding that the imposition of the penalty will result in a substantial injustice to the operator. If Council makes that finding, it would require a unanimous vote of the four members present by which the Council could waive part or all of the penalty portion which is $8,926.36 less $44.41. MOTION; Councilman Daly moved to waive the penalty portion of the Transient Occupancy Tax in the amount of $8,881.95. Councilman Hunter seconded the motion. Council Members Ehrle and Kaywood voted no. Councilman Pickler was absent. The motion failed to carry. City Attorney White. Since the motion failed to carry the matter is automatically continued to the next regular Council meeting for full Council action (July 10, 1990). 688 216 City Hall, Anaheim, California - COUNCIL MINUTES - June 26, 1990, 5;30 P,M, C2, 169; ITEMS OF PUBLIC INTEREST: It was at this time in the Council meeting that Betty Johnson again addressed the Council relative to extending the proposed median on State College Boulevard past Redwood Avenue. (See item titled Al2 - State College Boulevard Median Installation held earlier in the meeting and where action was taken by the Council.) ADJOURNMENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (11:00 P.M.) No Council meeting is scheduled for July 3, 1990 as determined by the Council when setting a Master Calendar of 1990 Council meetings. LEONORA N. SOHL, CITY CLERK 689