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1989/02/21191 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White GITY GLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Anntka Santalahti PLANNING DIRECTOR: Joel Ftck CITY ENGINEER: Gary E. Johnson DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich ADMINISTRATIVE SERVICES COORDINATOR: Greg Trombley A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:15 p.m. on February 17, 1989 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; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59. b. To discuss labor relations matters - Government Code Section 54957.6. c. To discuss personnel matters - Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider 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 indieate~ any of th~ matt~r~ will not be considered in Closed Session. ~ The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:49 p.m.) INVOCATION; Father Gary Goldacker, St. Michael's Episcopal Church, gave the invocation. ~ Councilman William D. Ehrle led the assembly in the Pledge of Allegiance to the Flag. 133 192 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P,M. 119; PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: Drug Abuse Resistance Education Program Day in Anaheim, Sunday, February 26, 1989. MINUTES; Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,832,853.16, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS AND ORDINANCE; The titles of the following resolutions and ordinance on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-44 and 89R-45 for adoption and Ordinance No. 4995 for adoption) Councilwoman Kaywood moved to waive the reading in full of the resolutions and ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilwoman Kaywood, seconded by Councilman Pickler, 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. 89R-44 and 89R-45 for adoption and Ordinance No. 4995 for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Kenneth J. Hansen for property damage sustained purportedly due to actions of the City on or about January 18, 1989. b. Claim submitted by Donald Gibson for property damage sustained purportedly due to actions of the City on or about December 22, 1988. Application for Leave to Present Late Claim - Recommended to be Denied: c. Claim submitted by Richard Morris for bodily injury sustained purportedly due to actions of the City on or about July 30, 1988. A2. 175: Awarding the contract to the lowest and best responsible bidder, Valverde Construction, Inc., in the amount of $181,200 for the construction of 16" Weir Canyon Road Water Main, Phase IV. A3. 175: Awarding the contract to the lowest and best responsible bidder, Miki Construction, Inc. in the amount of $218,541 for the construction of 20" Convention Way Water Main Phase II. 134 189 City Hall, Anaheim, California - COUNCIL MINUTES February 21, 1989, 5;30 P,M. A4. 176: RESOLUTION NO, 89R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (87-17A REVISED). (Declaring the intention to abandon a portion of Cypress Street, said portion extending from Evelyn Drive to a point approximately 75 feet west of Coffman Street, and setting a public hearing date of March 21, 1989, at 6:00 P.M.) A5. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to American Video Products, in the amount of $22,267.64 for one used Sony Editing Recorder Model BVU 820. A6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising to Xerox Corporation, in the amount of $81,841.14 for three copy machines, (Model 1090, Model 1040, and Model 5028) for periods of 36 and 60 months. A7. 160: Accepting the low bid of Associated Concrete Products, Inc., in the amount of $194,234.40 for parking barriers at Anaheim Stadium, in accordance with bid #4668 as publicly advertised. AS. 160: Accepting the bid of S & G Electric Company, in the amount of $57,303.60 for two Mark III PMH-9, and four Mark III PMH-11, and two MARK III PMH-12 three phase sectionalizing switches with fused lateral taps, in accordance with bid #4664 as publicly advertised. A9. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for six months ended December 31, 1988. AIO. 113/175: Approving the Records Retention Schedule as proposed for the Public Utilities Department. All. 159/156: Authorizing the Maintenance Manager to donate five used police motorcycles to the Criminal Justice Training Center at Goldenwest College for use in their Motorcycle Training Academy. Al2. 123: Approving an agreement with the Anaheim Private Industry Council to determine procedures for the development of the job training plan, and selecting a grant recipient and entity to administer the job training plan. 6~3, ~49/156/142: ORDINANCE NO. 4995 - (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 14.48 OF THE ANAHEIMMUNICIPAL CODE PERTAINING TO THROUGH TRUCK ROUTES. Al4, 158; RESOLUTION NO. 89R-45: 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. Al5. 123: Approving a Third Amendment to Exhibition Agreement and Fourth Amendment to the Operations agreement with the Los Angeles Rams Football Company (RAMS). 135 190 Hall. Anaheim. California - COUNCIL MINUTES February 21, 1989, 5;30 P,M. Roll Call Vote Resolution Nos. 89R-44 and 89R-45: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEltERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-44 and 89R-45 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 105; APPOINTMENT TO THE COMMUNITY SERVICES BOARD: Appointment from the list of candidates to fill the unscheduled vacancy on the Community Services Board (Sheri Pignone, June 30, 1990). This matter was continued from the meeting of February 14, 1989, to this date. Councilman Pickler moved that the subject appointment be continued for an additional week to Tuesday, February 28, 1989. Councilman Daly seconded the motion. MOTION CARRIED. 105: DISCUSSION - REVIEW OF ALL CITY BOARDS AND COMMISSIONS: Discussion regarding review of all City Boards and Commission requested by Mayor Hunter at the meeting of January 10, 1989, Council Comments section. This matter was continued from the meeting of February 14, 1989, to this date (see minutes that date). MOTION; Councilman Pickler moved to continue the subject discussion and review for one week. Before any action was taken, Mayor Hunter stated he feels there ought to be changes on City Boards and Commission which is in no way a reflection that anyone is doing other than an exemplary job; however, it is time to have some fresh new faces in government. He is not in favor of a continuance. Councilman Pickler. There have been changes made on the Planning Commission and more recently on the Public Utilities Board. He is not for making changes for the sake of change. If any changes are going to be made, he feels those members should be so notified and perhaps given an opportunity to resign. Mayor Hunter. He disagrees. For him to say that certain persons are going to be asked t° resign or terminated would be violating the Brown Act because it would indicate the Council has already predecided their actions. It would be implying there are three votes approving such action and by a process of conspiracy or collusion the Council got together and decided who should or should not be on a Commission. Councilman Pickler. He is still suggesting that the Council ask the Boards and Commissions where the Council feels they want to make changes, that all appointees submit their resignations with the idea that the nominations can come from the Council and with majority approval be appointed or reappointed. This will eliminate removing anyone. 136 City Hall, Anaheim, California - COUNCIL MINUTES February 21, 1989, 5;30 P,M. Since there was no second to Councilman Pickler's motion to continue the matter, Council Members commented on the issue. Councilwoman Kaywood expressed her concern that it takes years before a Planning Commissioner can become expert and there must be continuity on that Commission. She is also concerned that by looking at the number of years a Commissioner may have served and saying it is too long and removing someone on that basis would be a terrible mistake. If they have served six months or six years, the dominant factor should be whether or not they are doing a good Job. Councilman Ehrle. In reviewing the report from the City Clerk, it is his recommendation and he will move that the Council retain all members of Boards and Commissions and look only at the Planning Commission and Redevelopment Commission. His philosophy relative to these two Commissions is that no person should serve more than eight years. It is important to have new ideas and concepts evolving on these important Commissions. After eight years perhaps those people could then be appointed to other City Boards and Commissions. Councilman Pickler. He would not be ready to second Councilman Ehrle's recommendation. There are other Boards and Commissions that the Council should be looking at. There are members who are becoming active in the political arena. The last time the Council made removals, a majority of the Council removed someone because they were active in politics while serving on the Board and Commission. He does not want to exclude any of them and believes the Council should go through each one at a time. He has no problem with changes but disagrees and is concerned with the way it is proposed to be done. City Clerk Sohl, in answer to Councilman Daly, then gave the names of those members of the Community Redevelopment Commission and the Planning Commission in order of their seniority. It was noted that Earl Rhoads had resigned from the Community Redevelopment Commission and the Council would be declaring that seat vacant at the next Council meeting. Councilman Daly. It is his opinion that Planning issues are the most important the Council has to face in the City. In many cases, land use decisions made by the Planning Commission are final; the Redevelopment Commission is basically a Planning Commission for the redevelopment areas. The senior member on the Redevelopment Commission (Robert Doty) goes back ten years and on the Planning Commission, the senior member (Lewis Herbst) has been serving 24 years. There comes a time in the life of the Gity and political appointments when they must be reassessed without any reflection at all upon the voting records of the people serving, their points of view, the time spent on agendas, meetings and other related activities or their commitment to the City. Appointments are not lifetime appointments but reviewed every four years at a minimum. He would be willing to consider this evening making positions vacant on these two Commissions. The Council should move with caution and not make wholesal'e changes but one or two. There are enough quality applications on hand for these Commissions that he can support such changes. 137 188 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P,M. At the conclusion of additional Council comments, Councilwoman Kaywood expressed her belief that pressure from a member of the development community to remove two men from the Planning Commission is a factor motivating the proposed changes. Councilman Pickler reiterated his suggestions that they review all Boards and Commissions, one at a time and have each Council person make an appointment with the approval of the majority of the Council. Otherwise, it looks political and that the votes are already there. He would like to eliminate that perception. MOTION; Councilman Hunter moved to declare a vacancy on the Planning Commission for the seat held by Lew Herbst. Councilman Daly seconded the motion. Council Members Pickler and Kaywood voted no. MOTION CARRIED. MOTION; Councilwoman Kaywood moved to declare a vacancy on the Planning Commission for the seat held by Frank Feldhaus. The motion died for lack of a second. MOTION: Councilman Ehrle moved to declare a vacancy on the Planning Commission for the seat held by Chuck McBurney. Councilman Daly seconded the motion. Council Members Pickler and Kaywood voted no. MOTION CARRIED. Councilman Daly. He feels there needs to be a change on the Redevelopment Commission, again without any reflection on the issues he previously discussed. The Public Utilities Board is also extremely important. That Board may need to be revisited in the coming months but for the time being he is content with not making any changes. MOTION; Councilman Daly moved to declare a vacancy on the Redevelopment Commission for the seat held by Dr. Robert Dory. Councilman Hunter seconded the motion. Before a vote was taken, Councilman Pickler stated Mr. Dory is one of the most capable members serving on the Commission. He cannot agree with arbitrarily removing someone and needs a good reason for removing any member of a Board or Commission. A vote was then taken on the foregoing motion. Council Members Pickler and Kaywood voted no. MOTION CARRIED. MOTION; Councilwoman Kaywood moved to accept the resignation of Earl Rhoads from the Redevelopment Commission with regret and directing the City Clerk to post the vacancy, and that Mr. Rhoads be sent a letter of thanks for his service. Councilman Hunter seconded the motion. MOTION CARRIED. MOTION: Councilman Daly moved to table the discussion on review of City Boards and Commissions. Councilman Hunter seconded the motion. MOTION CARRIED. 179; ITEMS Bi - B14 FROM THE PLANNING COMMISSION MEETING OF JANUARy 30, ~989 - INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 21, 1989 138 185 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5:30 P.M. BI, SPECIFIC PLAN NO, 88-3, SPECIFIC PLAN ZONING AND DEVELOPMENT STANDARDS, DEVELOPMENT AGREEMENT NO, 88-04, ENVIRONMENTAL IMPACT REPORT NO, 280 AND ADDENDUM: OWNERS: SANTA FE LAND IMPROVEMENT COMPANY, 3230 E. Imperial Highway, Suite 100, Brea, CA 92621 AGENT: PHILLIPS BRANDT REDDICK, 18012 Sky Park Circle, Irvtne, CA 92714 Property is approximately 26,3 acres located at the southwest corner of La Palma Avenue and Tustin Avenue, Petitioner requests adoption of a Specific Plan (including Zoning and Development Standards), a Redevelopment Plan Amendment (to consider an amendment from a designation of Industrial to Industrial with an alternative of Commercial, subject to a General Plan Amendment providing for such use), and a Development Agreement for the proposed Santa Fe Pacific project to provide for the development of 500,000 square feet of office area, 24,000 square feet of support commercial, a 4,000-square foot fast-food restaurant, an 8,000-square foot restaurant, a 150-room hotel and 2 parking structures. Specific Plan No. 88-3 APPROVED by the Planning Commission, PC89-21. Specific Plan Zoning & Development Standards APPROVED by the Planning Commission, PC89-22. Development Agreement Deferred, future action to be taken by the Planning Commission. Reapproved EIR NO. 280 and Addendum. Letter of appeal submitted by Chuck Christensen, Project Manager for Santa Fe Pacific Realty Corporation. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B2, GENERAL PLAN AMENDMENT NO, ~47, RECLASSIFICATION NO, 88-89-15, VARIANCE NO, 3856 AND NEGATIVE DECLARATION: OWNER: SCHROEDER-GRIMM ORANGE ASSOCIATES, 2411 E. Coast Highway, #300, Corona Del Mar, GA 92625 AGENT: THE SCHROEDER COMPANY, ATTN: WILLIAM W. RICE, 2411 E. Coast Mighway, #300, Corona Del Mar, CA 92625 LOCATION; 2518, 2520, 2532, 2540 W, Orange Avenue For a change in zone from RS-A-43,000 to RM-3000 or a less intense zone; to waive (a) minimum building site area per dwelling unit and (b) minimum access requirements to construct a 2-story, 30-unit condominium complex. GPA NO. 247 WITHDRAWN Reclassification No. 88-89-15 GRANTED by the Planning Commission, PC89-23. Variance No. 3856 DENIED by the Planning Commission, PC89-24. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Hunter and Kaywood and, therefore, a public hearing will be scheduled at a later date. 139 186 City Hall, Anaheim, California COUNCIL MINUTES - February 21, 1989. 5;30 P.M. B3. RECLASSIFICATION NO. 88-89-26, VARIANCE NO, 3884 ~ND NEGATIVE DECLARATION: OWNERS: THOMAS P. MORGER AND JANICE MORGER, 2865 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: C.H.M.M. CORPORATION, P.O. Box 487, Atwood, CA 92601 LOCATION: 2865 West Lincoln Avenue For a change in zone from CL to RM-1200, for waivers of (a) maximum structural height and (b) maximum fence height to construct a 3-story, 18-unit apartment complex. Reclassification No. 88-89-26 APPROVED by the Planning Commission, PC89-25. Variance No. 3884 GRANTED by the Planning Commission, PC89-26. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Kaywood and Daly and, therefore, a public hearing will be scheduled at a later date. VARIANCE NO, 3888 AND NEGATIVE DECLARATION: OWNER: CHRISTOPHER M. GORGORAN, 402 S. Olive Street, Anaheim, CA 92805 ~ AGENT: Alireza Tabesh, 2030 E. 4th Street, Suite 100, Santa Aha, GA LOCATION; 402 South Olive Street To waive (a) maximum structural height, (b) maximum lot coverage and (c) minimum structural setback to construct a 5-unit, 3-story, apartment building. Variance No. 3888 GRANTED by the Planning Commission, PC89-27. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Daly and Ehrle and, therefore, a public hearing will be scheduled at a later date. B5. RECLASSIFICATION NO, 88-89-29 AND NEGATIVE DECLARATION: OWNERS: SHIH-YEN CHIAM, JUI-WA CHIANG, AND MENG-BE-LIN, P.O. BOX 3428, Tustin, CA 92681 AGENT: PADDOCK & FLAIR ARCHITECTS, 17780 Fitch, Suite 280,Irvtne, CA 92714 LOCATION: 1126 N, EuclSd Street For a change in zone from RS-A-43,000 to RM-1200 or a less intense zone, To construct a 56-unit apartment complex. Reclassification No. 88-89-29 GRANTED by the Planning Commission, PC89-29. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Pickler and Kaywood and, therefore, a public hearing will be scheduled at a later date. 140 125 City Hall, Anaheim, California - COUNCIL MINUTES - February 21. 1989. 5;30 P.M. B6, BT, GENERAL PLAN AMENDMENT NO, 251 AND NEGATIVE DECLARATION: INITIATED BY THE CITY OF ANAHEIM, 200 South Anaheim Boulevard, Anaheim, CA 92805 ~OCATION: Subject study area is approximately 4.79 acres bounded on ~be west by Vine Street, on the north by alley south of Broadway. on the east by alley west of Rose Street. and on the south bv alley noFth of Santa ~na Street. REQUEST: To consider an amendment to the ].and Use Element of the General Plan proposing redesignation from Medium Density Residential to Low-Medium Density Residential. GPA NO. 251, Exhibit A, APPROVED by the Planning Commission, PC89-29. Approved Negative Declaration. RECLASSIFICATION 88-89-37 AND NEGATIVE DECLARATION: INITIATED BY: CITY OF ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA 92803 LOGATION; 6700 and 6701 Savanna Street (Buena Park) For a change in zone from RM-10 (City of Buena Park) to RS-A-43,000 (City of Anaheim). To pre-zone property being annexed from the City of Buena Park to the City of Anaheim. Reclassification No. 88-89-37 APPROVED by the Planning Commission, PC89-30. Approved Negative Declaration. BS, gEC~SSIFICATION NO. 88-89-34, VARIANCE NO. 3900 AND NEGATIVE DECLARATION: OWNER: BLASH MOMENY, 2082 Business Center Dr. #185, Irvine, CA 92715 AGENT: Michael K. Frazier, 18200 Yorba Linda, #501, Yorba Linda, CA 92606 ~,OCATION; 3625 Savanna Street For a change in zone from RS-A-43,000 to RM-1200 or a less intense zone, and to waive (a) maximum structural height and (b) maximum site coverage to construct a 3-story, 12-unit apartment complex. Reclassification No. 88-89-34 GRANTED to RM-2400 by the Planning Commission, PC89-31. Variance No. 3900 DENIED by the Plannin§ Commission, PG89-32 Approved Negative Declaration. Letter of appeal submitted by the owner, Blash Momeny. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B9, WAIVER OF CODE REQUIREMENT. CONDITIONAL USE pERMIT NO. 3117. CATEGORICALLY EXEMPT. CLASS 3 AND 5: OWNERS: MATTHEW FRANK GOLONKA AND RITA ELIZABETH GOLONKA, 1403 Trenton Drive, Anaheim, CA 92802 AGENT: MORRIS CARMODY, 1044 Verona Drive, Fullerton, CA 92635 LOCATION: 1403 Trenton Drive To permit a 631 square foot "granny unit" with waiver of minimum number of parking spaces. 141 126 City Hall, Anaheim, California - COUNCIL MINUTES - February 21. 1989. 5:30 P.M. CUP NO. 3117 GRANTED, IN PART (waiver of minimum number of parking spaces deleted), by the Planning Commission, PC89-33. Waiver of Code Requirement Deleted by the Planning Commission. A review of the Planning Commission's decision was requested by Council Members Kaywood and Daly and, therefore, a public hearing will be scheduled at a later date. BiO, WAIVER OF CODE REQUIRF~MENT, CONDITIONAL USE PERMIT NO. 3115 AND NEGATIVE DECLARATION: OWNER: ZION LUTHERAN CHURCH OF ANAHEIM, 222 North East Street, Anaheim, CA 92805 AGENT: THOMAS MEYER, 222 North East Street, Anaheim, CA 92805 LOCATION; 222 North East Street To permit a 2-story, 15,231 square-foot fellowship hall addition to an existing church with waiver of minimum number of parking spaces. CUP NO. 3115 GRANTED by the Planning Commission, PC89-34. Waiver of Code Requirement APPROVED by the Planning Commission. Approved Negative Declaration. Bll, WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO. 3118 AND NEGATIVE DECLARATION' OWNER: B. B. REAL ESTATE INVESTMENT CORP., 705 University Avenue, Suite A, Sacramento, CA 95825 AGENT: B AND B PROPERTY INVESTMENTS, INC., 705 University Avenue, Suite B, Sacramento, CA 95825 LOCATION; 5555-5565 ~ast Santa Aha Canyon Road To permit the division of floor space within an existing retail center with waiver of minimumnumber of parking spaces. CUP NO. 3118 GRANTED, IN PART (deleting waiver of minimum number of parking spaces), by the Planning Commission, PC89-35. Waiver of Code Requirement Deleted by the Planning Commission. Approved Negative Declaration. B12, VARIANCE NO, 3851, CATgGORICALLY EXEMPT. CLASS 11: OWNER: HUTTON DEVELOPMENT COMPANY, INC., 201 East Sandpotnte, #300, Santa Aha, CA 92707 LOCATION; ~ast Hills Centre (northwest corner of Santa Aha Canyon and Weir Canyon Roads) To waive (a) permitted type of shopping center identification sign and (b) permitted hours of sign illumination to construct twO (2) wall signs and one (1) freestanding monument sign Variance No. 3851 GRANTED by the Planning Commission, PC89-36. B13, WAIVER OF CODE REOUIREMENT. RECLASSIFICATION NO. 88-89-38. CONDITIONAL USE PERMIT NO, 3116 AND NEGATIVE DECLARATION: OWNERS: JAFAR JAHANPANAH AND HOUSSIEN TAVAKOLI, 520 North Rexford Drive, Beverly Hills, CA 90210 142 City Hall, Anaheim. California COUNCIL MINUTES - February 21, 1989, 5;30 p.M. AGENT: RONALD J. CROWLEY, 1700 Raintree Road, Fullerton, CA 92635 LOCATION: 1585 West Katella Avenue For a change in zone from RS-10,000 to CO. To permit a 47-untt motel suite complex with waiver of minimum number of parking spaces. Reclassification No. 88-89-38 DENIED by the Planning Commission, PC89-37. CUP NO. 3116 DENIED by the Planning Commission, PC89-36. Waiver of Code Requirement DENIED by the Planning Commission. Approved Negative Declaration. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. REPORT AND RECOMMENDATION: B14. HIGHLANDS AT ANAHEIM HILLS SPECIFIC P~AN (SP87-1), REVIEW OF ACTION PLAN FOR THE EXTENSION OF SERRANO AVENUE AND THE IMPERIAL HIGHWAY/LOMA STREET GONNEGTION PER SPECIFIC PLAN CONDITION OF APPROVAL NO, 112 APPROVED by the Planning Commission. 179: ITEMS B15 - B17 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 13, 1989 INFORMATION ONLy - APPEALPERIOD ENDS FEBRUARY 23, 1989: B15. SUPPLEMENT TO EIR NO. 281 (PREVIOUSLy CERTIFIED), SITE pLANS AND DEVELOPMENT PLANS FOR PREVIOUSLY-APPROVED TENTATIVE TRACT MAP NOS, 13492, 13493, 13494, 13495, AND 13268; OWNER: BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 16811 Hale Avenue, Irvine, CA 92714 AGENT: DIANA HOARD, VICE PRESIDENT, THE BALDWIN COMPANY, 16811 Hale Avenue, Irvine, CA 92714 LOCATION; Subject five (5) Tentative Tract Maps comprise a portion of the 591-acre The Summit of Anaheim Hills Specific Plan (SP88-2) development area. The Summit of Anaheim Hills Ss ~ocated approximately 1.1 miles southeast of the We~r Canyon Road/Riverside Freeway inter~eet~on and ~ bounded on the north by the ~veamore Canyon Specific Plan development, on the west by The Highlands at Anaheim Hills Specific plan development, and on the south and east by unincorporated Irvine ComDa~v property within the County of Orange. To request approval of site plans and development plans for previously-approved Tentative Tract Map Nos. 13492, 13493, 13494, 13495, and 13268 in order to construct a total of 148 single-family attached residential homes (paired homes) subject to The Summit of Anaheim Hills Specific Plan Development Area 103 Zoning and Development Standards. Tentative Tract Maps APPROVED by the Planning Commission. Approved Previously Certified Supplement to EIR NO. 281 143 124 City Hall. Anaheim. California - COUNCIL MINUTES - February 21, 1989, 5;30 P,M, B16. TENTATIVE TRACT MAP NO, 12619 - REQUEST FOR F, XTENSION OF TIME: C. J. QUEYREL, ANACAL ENGINEERING CO., 1900 East La Palma Avenue, Suite 202, Anaheim, CA 92803 Petitioner requests a 1-year extension of time. Extension of time on Tentative Tract Map No. 12619 APPROVED by the Planning Commission. El7. ENVIRONMENTAL IMPACT REPORT NO, 2?3 (PREV, GERT,) THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN ($P87-1) - FINAL SITE PLAN REVIEW FOR PREVIOUSLY-APPROVED RESIDENTIAL SINGLE-FAMILY VESTING TENTATIVE TRACT MAP NO. 12702 (144 UNITS) SP87-1 Final Site Plan APPROVED by the Planning Commission. End of the Planning Commission Items. 114/144: LEAGUE APPOINTMENT - ORANGE COUNTY TANNER ADVISORY COMMITTEE; To discuss appointment to the Orange County Tanner Advisory Committee on hazardous waste when issue arises at League Meeting of March 9, 1989. The discussion was requested by Councilman Pickler at the meeting of February 14, 1989. Councilman Daly. At their previous meeting, Councilman Pickler had mentioned his interest in seeking the Orange County League of Cities appointment to the Orange County Tanner Advisory Committee on hazardous waste. He (Daly) can think of no one more qualified than Councilman Pickler to serve on that Committee. Councilman Daly moved that Councilman Pickler be recommended to the Orange County League of Cities as Anaheim's representative to serve on the Orange County Tanner Advisory Committee. Councilman Hunter seconded the motion. MOTION CARRIED. ITEMS OF PUBLIC INTEREST; Keith Bird, 329 Gains Street, Anaheim. He expressed appreciation for the Council's support in recognizing their need to appeal the Planning Commission decision on Reclassification No, 88-89-15, At the public hearin§, they will address the Council to express their feelings that the Planning Commission has not in recent history denied any developer increased use of property which they have acquired. Curtis Strtcker, 1117 Wakefield Place. He asked that the Council devise a way for the public to address issues at the time they are discussed at Council meetings. Joe Vanderwood, 516 South Hampton Street. In redevelopment areas, the City has the right of eminent domain. He feels homeowners as a group who are predominant in a particular area also have some right of eminent domain to maintain an area they built. They petitioned the Planning Commission with the signatures of 600 residents in a single-family area immediately adjacent to 144 12] City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P.M. the area where multi-family dwellings are being proposed. He urged the Council to uphold their rights to maintain their community, as it exists, rather than some outsider who wants to alter it. Philip Lowe, 428 South Gains Street. Truck parking on City streets should be eliminated. Also, large trash bins that are rented and placed on City streets should have reflectors on them as a warning to people that they are there and to avoid collisions by motorists who come upon them in the dark. RECESS; By general consent the Council recessed until the start of public hearings. (6:50 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (7:20 p.m.) Mayor Hunter announced that the public hearing on Community Development Block Grant Funds would be considered at this time before the remaining schedule of public hearings. 174: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DRAFT BUDGET AND PROGRAM; To consider the fifteenth year (1989-90) Community Development Block Grant Draft Program and Budget as recommended by the Communitywide CDBG Citizen Participation Committee for a total allocation of $2,249,100 and an alternative program and budget of $2,293,200 in the event a higher level of funding is allocated. Submitted was report dated January 26, 1989 from Bertha Chavoya, Housing Programs Manager and Lisa Stipkovich, Director of Community Development recommending that the Council approve the 1989/90 program and budget as recommended by the Communttywlde CDBG Citizen Participation Committee for a total allocation of $2,249,100 and an alternative program and budget of $2,293,200 in the event a higher level of funding is allocated. The report expiained how the Committee arrived at their recommendations and attached to the report was a listing of the recommendations (see sheet and titles, Committee recommendations for FY-1989/90 CDBG Program) along with a revised list of funding request/recommendations, minutes of the public meetings held November 16 and December 13, 1988 and the requests for funds received from non-profit organizations.) At the meeting of February 7, 1989 the City Council approved the allocation of $2,293,200 as recommended by the Communitywide Citizen Participation Committee and subsequently continued the hearing for two weeks, closing the public input portion in order for the Council to further determine allocations for those items under Other Programs as well as Non-profit Agencies. Councilman Pickler. He moved for a two-week continuance on determination of final CDBG budget allocations. Councilman Daly seconded the motion. Before a vote was taken, Councilman Daly posed questions to staff relative to the graffiti removal program questioning why it fell under the umbrella of the public service component of the program as well as the clean up campaign. 145 122 City Hall. Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P,M, Lisa Stipkovich, Director of Community Development, explained why this was so but will check with HUD why these could not be considered Public Works programs. Councilman Ehrle. He is ready to make a decision today. He feels that the Committee, as a whole, since they have interviewed all the applicants he will support their recommendations. If the majority feels another continuance is in order, he will go along with that but is ready to vote now and will vote the Committee recommendations. After a brief Council discussion regarding the Committee recommendations as well as the motion to continue, a vote was taken on Councilman Pickler's motion to continue the matter for two weeks to March 7, 1989. MOTION CARRIED UNANIMOUSLY. 107: PUBLIC HEARING - HOUSE MOVE ON PERMIT - 512 SOUTH REVERE STREET; To consider an application from Walter Stenbrtnk to move a residential, single family structure located at 325 South State College Boulevard to 512 South Revere Street. Submitted was report dated January 30, 1989 from the Chief Building Official, Wayne West, recommending approval of the request subject to compliance with the City of Anaheim Building, Plumbing, Electrical and Mechanical Codes. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 9, 1989. Posting of property February 9, 1989. Mailing to property owners within 300 feet - February 14, 1989. Mayor Hunter opened the public hearing and asked to hear from those either in favor or in opposition to the proposed move-on; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, it was determined that the proposed project 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 EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-46) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-46 for adoption. Refer to Resolution Book. 146 119 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5:30 P.M. RESOLUTION NO. 89R-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A SPECIAL PERMIT TO MOVE A SINGLE-FAMILY RESIDENTIAL STRUCTURE TO 512 SOUTH REVERE STREET IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-46 duly passed and adopted. 179; PUBLIC HEARING - VARIANCE NO. 3860. CATEGORICALLY EXEMPT, CLASS 5: APPLICANT: OWNER: Tim Wusz and Bonnie S. Wusz 7395 Hummingbird Circle, Anaheim, CA 92808 LOCATION/REQUEST: The property is located at 7395 Hummingbird Circle. The request is for a waiver of minimum structural setback to construct a 600 · square-foot garage addition to an existing single-family residence. ZONING ADMINISTRATOR ACTION: Variance No. 3860 was approved in part, by the Zoning Administrator under Decision No. ZA89-01. HEARING SET ON: The decision of the Zoning Administrator was appealed by Tim Wusz, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 9, 1989. Posting of property February 14, 1989. Mailing to property owners within 300 feet - February 9, 1989. PLANNING STAFF INPUT: · See Staff Report to the Planning Commission dated December 29, 1988. APPLICANT'S STATEMENT: Tim Wusz, 7395 Hummingbird Circle. He was told he could build within 5 feet of the side yard setback by two members of the Planning and Zoning Department but did not get that in writing. Four people spoke in opposition to his request at the initial hearing; two have reversed their decision having come to a mutual understanding and one is present to speak tonight. The other two are husband and wife who live in the same dwelling so there is an objection from one house. The lots are large, in the 20,000 square-foot range, but only one half the lot is available for use because of the slope. If a 5-foot setback is allowed on one side, it is not crowding the house because the other side yard setback is 35 feet. He has a boat and two other cars he would like to park 147 120 City Hall, Anaheim, California - COUNCIL MINUTES - February 21. 1989. 5:30 P.M. inside. He has a 3-car garage now. The garages are very shallow, 20 feet deep. He has a copy of his drawing that was signed by eight people saying they were in agreement with his proposed plan. Answering Councilman Daly, Planning Director Joel Ftck explained that the findings of the Zoning Administrator were two-fold. One was that the requested variance was a 50% deviance from the standard. The Zoning Administrator felt 25% would be more realistic and that the garage addition would still be very much usable and fit the use intended. (10-foot side yard setback required, 5-foot 5 inch is proposed - approval by Zoning Administrator was 7.5 feet). Tim Wusz. He understands he could have applied for an admtninstrative adjustment for 20% which would have given him an additional 2 feet. The Homeowners Association also asked for a couple of things which he complied with in the drawing submitted to the Council (made a part of the record) one being a scaled back version. The drawing is for 480 square feet in contrast to the original 600 square feet. The Association also felt that the addition looked like an industrial building, so he added windows on the side to make it more aesthetically acceptable. The Association is still not happy with the reduction in the side yard beyond 10 feet and the Board of Directors has not supported his request. PUBLIC DISCUSSION- Greg Bijorndahl. He originally objected to the proposed addition for two reasons - the lack of a formal blue print in order to understand what was being proposed. He and another neighbor have now seen the blue print. Secondly there was a concern relative to the intended use. He then explained a situation revolving around an administrative adjustment that was filed by Mr. Wusz on the construction of his (BiJorndahl's) home; however, Mr. Wusz has asked City staff to rescind that administrative adjustment because of the support that he and another neighbor, Mr. Cross are now giving to Mr. Wusz' request. He learned from staff this afternoon that an administrative adjustment cannot be rescinded. He and Mr. John Gross, the adjacent homeowner have written letters withdrawing any and all objections. Therefore, he is encouraging the Council to consider Mr. Wusz' withdrawal of his objection to the administrative adjustment. Mayor Hunter. That is not the issue before the Council today and they cannot act on that request. He asked Mr. Wusz if the neighbor to his right who would be most impacted by the proposed garage was in favor or opposed to his request. 148 117 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 ¥,M, Tim Wusz. That neighbor has written one of the letters submitted, Mr. John Cross who is the builder of that home. Mr. Bijorndahl has the letter from Mr. Cross that Mr. Cross is now in agreement. Councilman Pickler. The Homeowners Association has not concurred with Mr. Wusz' request. He asked Mr. Wusz if he had only the 7.5-foot setback which is still a variance would he be able to put his car in the garage. Tim Wusz. He could do so but could not park his boat in the garage if he did not get that setback. He has spoken with the Homeowners Association at length but they are not negotiable. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Hunter, seconded by Councilman Pickler, it was determined that the proposed project falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-47) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-47 for adoption. Refer to Resolution Book. RESOLUTION NO, 89R-47; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3860. Before a vote was taken, Councilman Pickler stated he is going to vote against the request. If Mr. Wusz cannot get the concurrence of the Homeowners Association, a decision by the Council will set a precedent. CC&R's are established to maintain the integrity of the neighborhood. Councilwoman Kaywood then posed additional questions to Mr. Wusz for purposes of clarification wherein he reported that Mr. Cross' home is approximately 5 feet lower than his and Mr. Cross' driveway is on the opposite side of his house. There is also a fence along the property line with vegetation growing on it. 149 118 City Hall, Anaheim, California - COUNCIL MINUTES February 21, 1989, 5:30 P,M, Councilwoman Kaywood. Since the next door neighbor is at a different level and has no objection, and also since there is no safety factor involved, she is going to vote for approval of the request. A vote was then taken on the foregoing resolution which the Mayor confirmed is an approval, granting the setback of 5.5 feet as requested by the applicant. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter Pickler None The Mayor declared Resolution No. 89R-47 duly passed and adopted. 179; PUBLIC HEARING VARIANCE NO, 3867 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Durfee Gardens, Partnership 1700 Raintree Road, Fullerton, CA 92635 AGENT: Dr. Ronald Crowley 1700 Raintree Road, Fullerton, CA 92635 LOCATION/REQUEST: The properties are located at 747-755 North East Street. The request is to waive (a) minimum site area per dwelling unit, (b) minimum front yard setback, (c) minimum rear yard setback, (d) minimum recreational/leisure area and (e) maximum structural height to construct a 21-unit "affordable" condominium complex. PLANNING COMMISSION ACTION: Variance No. 3867 was granted by the Planning Commission under Resolution No. PC89-06; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Daly and Councilwoman Kaywood and, therefore, public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 9, 1989. Posting of property February 14, 1989. Mailing to property owners within 300 feet - February 9, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 4, 1989. 150 115 City Hall, Anaheim, Gallfornla - GOUNGIL MINUTES - February 21, 1989, 5;30 p,M. APPLICANT'S STATEMENT: Councilman Ehrle. He is abstaining from any discussion or action due to a potential conflict of interest. He left the Council dais. Annika Santalahtt, Zoning Administrator. When the matter was heard by the Planning Commission originally, they approved an action for a lesser zone. That was subsequently modified which is the variance before the Council today. The variance was approved in part. The applicant submitted revised plans and the Planning Commission approved the first two waivers, the density waiver - minimum site area per dwelling unit and minimum front yard setback. The remaining three waivers (c, d and e above) have now been deleted. The posted plans reflect that change. The number of units is now 20 and the Planning Commission resolution is for 20 units. The density waiver is now 2,792 square feet per unit instead of 3,000 required for condominiums and the structural height (b) 1-story within 50 feet of single-family zoning is allowable. The project has 2-stories at 20 feet. Mayor Hunter asked if without the affordable units the applicant could build 18 units on the property; Ms. Santalahtt answered she believes that to be correct. Ronald Crowley. The plan was initially submitted for 21 units. After a continuance and a redesign of the project, the number of waivers requested was reduced to two. He considers it only as one because one waiver is a 2-story structure within 50 feet from a single-family residence. The other has to do with the fact that there is higher density than allowed. The actual density permitted is 18.6 units and they are requesting an extra 1.4 units dest§nated as affordable. He was surprised it was classified as a variance since it has to do with state regulations which permit affordable housing. The project has one of the lowest lot coverages of any projects being submitted, less than 21%. Before concluding, Dr. Crowley stated there was one condition imposed which presents a significant hardship to the project, Condition No. 6 providing that a tract map to record the division of the subject property shall be submitted to and approved by the City of Anaheim and then recorded in the offices of the County Recorder. They will be doing that and have already begun the process but it takes in excess of six months to occur. What creates a problem is that Item 24 says they cannot obtain a building permit until satisfaction of Condition No. 6. He is requesting as he has done previously on another project that there be a covenant on the property which would allow them to begin construction of the project but will 151 116 City Hall, Anaheim, California - COUNCIL MINUTES February 21. 1989. 5:30 P,M. guarantee that none of the units would be built as apartments but built and sold strictly as condominiums. He has a covenant prepared by the City Attorney's Office which ensures they cannot do anything that would Jeopardize the building and selling of' the units as condominiums. He then clarified for Councilman Pickler that the allowed density is 18.6 units. They are only asking for 1.4 additional. Three units will be designated as affordable. It was determined by a show of hands that approximately 25 people were present who were opposed to the project. PUBLIC DISCUSSION- IN OPPOSITION: Tim Foster, 710 North Bush Street. Building apartments and condominiums in a small area does not improve a neighborhood. Developers should have to build something that beautifies an area and not ask for every variance they can get in order to build. Frank Guevara, 753 North Bush. The Planning Commission, on December 19, 1988, told the developer to come back with a new plan of 18 condominiums and they would allow the project. The developer came back with 20 units disregarding the neighborhood's plea to build to code and the direction of the Planning Commission. Planning staff is in the process of reviewing the General Plan for the downtown area. Granting the variances being requested would be a setback. They want condominiums to be built to Code without any variances. There are also too many continuances at the Planning Commission level which eventually wear down the residents. Jeff Kirsch, 2661 West Palats. He posed questions relative to the covenant which the applicant stated was in process which were answered by the City Attorney. Trent Wilson, 1001 East North Street. He gave an extensive presentation speaking in opposition to the 20 units being requested and giving an overview of the long and consistent opposition expressed by the neighborhood through the approximate 11 hearings they have attended. It was at the Planning Commission hearing of January 4, 1989 when the 20 units were approved by the Planning Commission, approximately 15 minutes before the opposition arrived. The essence of their protest should not have been invalidated because 20 units were proposed instead of 21. He also spoke to the affordable issue and the variances requested. If the project is going to be built, it should be built to Code. Katherine Lingle, 715 North Bush. Creating 21 condominiums in a space now occupied by several 152 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5:30 P.M. homes can only aggravate the terrible conditions presently existing at the subject intersection. She urged the Council to deny the encroachment on a single-family zone. Mitch Caldwell, 902 West Broadway. The City's code is clear on how property should be developed in the City. Variances should only be granted where a hardship exists on the land. He sees no reason why the citizens and particularly the adjacent residents should subsidize Mr. Crowley's development. Roland Daves, 725 North Bush. He asked the level of income necessary in order to qualify for an affordable condominium. Rob Jones, Community Development Department. The income level on a 3-bedroom affordable unit is $44,000. Elizabeth East, 734 North Rose. The proposed development would back up to her property. The residents do not like the project. Dr. Crowley does not live or vote in Anaheim. They have been present almost every month for the past year to oppose the project. The developer should be told to build to code and not have his wishes take preference over theirs. She wants to stay in her house without more density added to the neighborhood. Councilman Daly. He noted that the waiver to the rear yard setback had been deleted and only two waivers were being requested at this time. He inquired if there was a way in the future when the developer has modified a proposal and the Planning Commission subsequently approves it that the modification can be noted on the agenda; City Clerk Sohl explained that the City Attorney has always required her office to legally advertise the original request with all waivers because it is potentially possible for the Council to approve all of them since any subsequent hearln~ is a hearing de novo. Norman Van, 731 North Rose. His main concern is the traffic on East Street. SUMMATION BY APPLICANT: Dr. Ronald Crowley. He spoke to or rebutted some of the concerns expressed by those in opposition. There is a desperate need for homes in Anaheim. Massoud Monshizadeh, 28 Victoria Way, Placentia. He first answered a question relative to possible visual intrusion into the home of Mrs. East as posed by Councilwoman Kaywood stating that there could be no intrusion due to the 153 114 Hall, Anaheim, California - COUNCIL MINUTES - February 21. 1989, 5;30 p.ML planned configuration. He also spoke to some of the other concerns expressed. COUNCIL ACTION: Mayor Hunter closed the public hearing. Mayor Hunter. He believes the Council needs to start drawing the line and if there are hardships on property that can be shown, then a variance should be granted. They also need to be careful how they use the word affordable and not use it as a tool to jam one, two or three extra units onto a piece of property. He feels that on this property Dr. Crowley can build a quality 18-unit condominium project and eliminate the three additional units. A message needs to be sent to the Planning Commission that they need to take a hard line on variances and to look at the property to see whether or not there is a true hardship. Councilman Pickler. He feels that hardships do exist. The affordable units are something very much needed in Anaheim. The project will benefit the area. It is an enhancement and will give an opportunity at homeownership. Mayor Hunter disagreed. The City needs affordable housing but if more and more high density apartment units are built in the City, they have to stop to question how they are impacting the people already in an area and how those projects are affecting their lives. He feels they should talk about a general plan and downzone the whole City and stop RM-1200. The proliferation of units cannot continue throughout the City without taking into account the impact on the school system, the Police and Fire Departments, the streets, etc. What will the City be like 10 years from now if this continues. He emphasized they need to start taking a hard line on variances. gNVIRONMENTAL IMPACT RE¥ORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilwoman Kaywood, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-48) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 154 111 City Hall, Anaheim. California - COUNCIL MINUTES - February 21, 1989, 5;30 P.M. Councilman Hunter offered Resolution No. 89R-48 for adoption, denying Variance No. 3867, reversing the findings of the City Planning Commission which denial will allow the developer to build to code only which will allow for approximately 18 units. Refer to Resolution Book. RESOLUTION NO, 89R-48; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3867. Before a vote was taken, City Attorney White stated it would be a resolution to reverse the findings of the City Planning Commission which if adopted, the project would need to conform with all code requirements under which the code would allow 18 units. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood and Hunter Pickler Ehrle The Mayor declared Resolution No. 89R-48 duly passed and adopted. RECESS; By general consent the Council recessed for ten minutes. (8:50 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (9:05 p.m.) 128: PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 1989-% - SYCAMORE CANYON: At the Council meeting of February 20, 1988, the Council determined a policy on the establishment of a Mello-Roos District for the three new Ranch developments in East Anaheim Hills declaring their intent to establish a Community Facilities District, authorizing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982, and declaring the intention to incur bonded indebtedness of the three proposed Community Facilities Districts. Subsequently a public hearing was held on February 7, 1989, on Districts 1 and 2 where discussion took place and the public hearing subsequently continued to this date. The public hearing on District 3 was continued at the request of the major land owner. (See minutes of December 20, 1988 and February 7, 1989). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 19, 1989. A staff report was submitted dated February 1, 1989 from the City Manager for the public hearing of February 7, 1989 recommending certain actions along with comments and recommendations on each of the Community Facilities Districts to be formed (District No. 1 - Sycamore Canyon, District No. 2 - The Highlands and District No. 3 The Snmmit). Submitted for the continued public hearing this date was report dated February 15, 1989 from the City Manager (made a part of the record) recommending 11 action items to be taken by the Council in regard to proposed 155 112 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 p,M. Community Facilities District 1989-1 (Sycamore Canyon), 1989-2 (The Highlands) and 1989-3 (The Summit). Areawtde projects approved for inclusion in the subject Mello-Roos District (1989-1) are: the Serrano/Wetr Connection, Santa Aha Canyon Road, Police Substation, and Weir Canyon Road. COUNCIL ACTION: There being no further persons who wished to speak on the proposed Mello-Roos District, Mayor Hunter closed the public hearing. Councilwoman Kaywood asked what the tax rate was going to be. Greg Trombley, Engineering Department, Project Manager - Mello-Roos. On Sycamore Canyon, the City recommended tax rate is 1.48%. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-49 through 89R-51, both inclusive) Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-49 for adoption. Refer to Resolution Book. RESOLUTION NO. 89R-49: A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT. (Community Facilities District No. 1989-1 - Sycamore Canyon) Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywo0d ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-49 duly passed and adopted. Councilwoman Kaywood abstained because she is concerned with some of the items included as projects of areawide benefit. She feels that some improvements were approved in the development agreement entered into with the developer and, therefore, should not be a part of the district. Councilman Hunter offered Resolution No. 89R-50 for adoption, determining the necessity to incur bonded indebtedness within Community Facilities District No. 1989-1 (Sycamore Canyon) and submitting proposition to the qualified electors of the district. Refer to Resolution Book. 156 109 City Ha~l, Anaheim, California - COUNCIL MINUTES February 21, 1989, 5;30 RESOLUTION NO, 89R-50; A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) AND SUBMITTING PROPOSITIONS TO THE QUALIFIED ELECTORS OF THE DISTRICT. (Community Facilities District No. 1989-1 - Sycamore Canyon) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-50 duly passed and adopted. Councilman Hunter offered Resolution No. 89R-51 for adoption, calling for a special election. Refer to Resolution Book. RESOLUTION NO. 89R-51; A RESOLUTION CALLING SPECIAL ELECTION. Facilities District No. 1989-1 - Sycamore Canyon) (Community Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-51 duly passed and adopted. City Clerk, Leonora Sohl. Having received the ballots cast by land owners in this special land owner election then opened the ballots (3) and announced that of the 331 potential votes, the following votes were cast: 186 votes cast - YES 38 votes cast - YES 107 votes cast - YES total 331 YES votes The Canvass and Statement of result of the election - Sycamore Canyon (1989-1) 331 YES votes. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-52) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-52 for adoption. Refer to Resolution Book. ~gSOLUTION NO. 89R-52; A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION. (Community Facilities District No. 1989-1 - Sycamore Canyon) 157 110 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P,M. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-52 duly passed and adopted. Councilman Hunter offered Ordinance No. 4996 for first reading. 0Pd)INANGE NO. 4996: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON). 128; PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO, 1989-2 THE HIGHLANDS: At the Council meeting of February 20, 1988, the Council determined a policy on the establishment of a Mello-Roos District for the three new Ranch developments in East Anaheim Hills declaring their intent to establish a Community Facilities District, authorizing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982, and declaring the intention to incur bonded indebtedness of the three proposed Community Facilities Districts. Subsequently a public hearing was held on February 7, 1989, on Districts 1 and 2 where discussion took place and the public hearing subsequently continued to this date. The public hearing on District' 3 was continued at the request of the major land owner. (See minutes of December 20, 1988 and February 7, 1989). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 19, 1989. A staff report was submitted dated February 1, 1989 from the City Manager for the public hearing of February 7, 1989 recommending certain actions along with comments and recommendations on each of the Community Facilities Districts to be formed (District No. 1 - Sycamore Canyon, District No. 2 The Highlands and District No. 3 The Summit). Submitted for the continued public hearin~ this date was report dated February 15, 1989 from the City Manager (made a part of the record) recommending 11 action items to be taken by the Council in regard to proposed Community Facilities District 1989-1 (Sycamore Canyon), 1989-2 (The Highlands) and 1989-3 (The Summit). Areawide projects approved for inclusion in the subject Mello-Roos District (1989-2) are Serrano Avenue, Imperial Hi~hway, Santa Aha Canyon Road, Police Substation, Deer Canyon Park and Storm Drain. COUNCIL ACTION: There being no further persons who wished to speak on the proposed Mello-Roos District, Mayor Hunter closed the public hearing. 158 107 CSty Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 p,M. Councilwoman Kaywood. The last time the issue was discussed, it was determined the time of the bonded indebtedness would be 25 years. Within all of the material presented to the Council it also states that in no event would that term exceed 40 years. She assumes then that it could extend as long as 40 years. She also asked what the tax rate was going to be. Greg Trombley. That is accurate but at this time the bonded indebtedness is projected to be 25 years. On The Highlands, the City recommended tax rate is 1.46%. WAIVER OF READING RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-53 through 89R-55, both inclusive) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-53 for adoption. Refer to Resolution Book. RESOLUTION NO. 89R-53: A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELMINIARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT. (Community Facilities District No. 1989-2 - The Highlands) Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-53 duly passed and adopted. Councilman Pickler offered Resolution No. 89R-54 for adoption, determining the necessity to incur bonded indebtedness within Community Facilities District No. 1989-2 (The Highlands) and submitting proposition to the qualified electors of the district. g~SOLUTION NO. 89R-54: A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. (Community Facilities District No. 1989-2 - The Highlands) Roll Call Vote: 159 108 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-54 duly passed and adopted. Councilman Pickler offered Resolution No. 89R-55, calling a special election - The Highlands. Refer to Resolution Book. RESOLUTION NO. 89R-55: A RESOLUTION CALLING SPECIAL ELECTION. Facilities District No. 1989-2 - The Highlands) (Community Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-55 duly passed and adopted. City Clerk Sohl, having received the ballots cast by land owners in the special land owner election, then opened the ballot (1) and announced that the following votes were cast: 790 votes cast - YES total 790 The Canvass and Statement of result of election - The Highlands (1989-2) 790 YES votes. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-56) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-56 for adoption. Refer to Resolution Book. RESOLUTION NO. 89R-56: A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTIONS AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION. (Community Facilities District No. 1989-2 - The Highlands) Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-56 duly passed and adopted. 160 105 City Hall. Anaheim. California - COUNCIL MINUTES - February 21, 1989, 5;30 p,M, Councilman Pickler offered Ordinance No. 4997 for first reading. QP~DINANCE NO, 4996; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS). 128; pUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO, 1989-3 - THE SUMMIT: At the Council meeting of February 20, 1988, the Council determined a policy on the establishment of a Mello-Roos District for the three new Ranch developments in East Anaheim Hills declaring their intent to establish a Community Facilities District, authorizing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982, and declaring the intention to incur bonded indebtedness of the three proposed Community Facilities Districts. A public hearing was subsequently scheduled for February 7, 1989 on the subject district. Mr. David Graf, representing The Summit, requested a two-week continuance to give an opportunity for further discussions with staff and the Orange Unified School District. The request was granted and public hearing continued to this date. Mayor Hunter announced that as a result of discussions between the developer and staff another two-week continuance is being requested; City Manager Simpson stated there is no opposition from staff. MOTION; Councilman Pickler moved to continue the public hearing Mello-Roos Community Facilities District No. 1989-3 (The Summit) for two weeks to Tuesday, March 7, 1989. Councilman Ehrle seconded the motion MOTION CARRIED. 134/172: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO, 210, CRITICAL INTERSECTIONS. ENVIRONMENTAL IMPACT REPORT NO, 285; On August 16, 1988, the Anaheim City Council approved General Plan Amendment No. 210 which designated the intersections listed below as Critical Intersections. The City proposes that intersections so designated will be enhanced by up to 12 feet for a distance of 600 feet from the corner right of way line. Prior to issuance of building permits, conditional use permits, variances or other related zoning and building actions on the adjacent properties, the property owners will make an irrevocable offer to dedicate such additional right-of-way as required. The cost of widening will be borne either by the City or major property developers. The purpose of this hearing is to allow the City Council the opportunity to review their action taken in August 1988 and make amendments to same. Intersections Designated Critical on August 16, 1988: Ball and Beach Ball and Brookhurst Ball and Euclid Ball and Harbor Beach and Lincoln Brookhurst and Katella Harbor and La Palma Haster and Katella Kraemer and La Palma Kraemer and Orangethorpe La Palma~and Imperial Hwy La Palma and Lakeview 161 106 City Hall. Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 p,M, Brookhurst and La Palma Convention Way and Harbor Convention Way and Haster Euclid and La Palma Euclid and Lincoln Harbor and Katella La Palma and Magnolia La Palma and State College La Palma and Tustin Lincoln and Magnolia Lincoln and State College Orangethorpe & Imperial Hwy Nine other intersections were previously designated as Critical Intersections under General Plan Amendment No. 214 of March 17, 1987. These are not being considered as part of this hearing. PLANNING COMMISSION ACTION: The Planning Commission, under Resolution No. PC88-117, recommended approval of General Plan Amendment No. 210 and recommended certification of Environmental Impact Report No. 285. The City Council approved General Plan Amendment No. 210 under Resolution No. 88R-323 on August 16, 1988 with the effective date of January 1, 1989; certified EIR No. 285 with a statement of overriding considerations as being in compliance with the California Environmental Quality Act. HEARING SET ON: Councilman Daly requested that the Council reconsider the City's Critical Intersection Plan under General Plan Amendment No. 210 at the meeting of December 20, 1988 and subsequently public hearing was scheduled on January 31, 1989. Extensive discussion and testimony took place at the January 31, 1989 public hearing at the conclusion of which, the public hearing portion was closed and the hearing continued to this date for final Council action. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 19, 1989. Posting of property January 20, 1989. Mailing to property owners within 300 feet - January 19, 1989. PLANNING STAFF INPUT: See Staff Report dated January 24, 1989 from the Public Works Engineering Department submitted for Council's information only for the January 31, 1989 meeting. As directed by the City Council, submitted was report dated February 8, 1989 from the Public Works/Engineering Department. Staff was also directed to draft a resolution deleting the nine following intersections from GPA No. 210 for consideration: Beach and Lincoln Brookhurst and La Palma Lincoln and Magnolia Ball and Beach Ball and Brookhurst Brookhurst and Katella Kraemer and Orangethorpe La Palma and Magnolia Imperial Highway and Orangethorpe 162 103 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P,M. and to prioritize the remaining 24 intersections. Gary Johnson, Public Works/City Engineer. He has nothing further to add to the staff report but is available to answer any questions. Mayor Hunter. He noted that the staff recommendation is to retain four of the nine intersections proposed to be deleted - Beach and Lincoln, Beach and Ball, Brookhurst and La Palma, Brookhurst and Katella; Mr. Johnson confirmed that was correct. Councilman Daly. The staff analysis of the whole program and in particular the recommendation restoring four of the nine intersections makes very good sense. He is prepared to support the deletion of the remaining five intersections and restoring the four intersections recommended by staff. ENVIRONMENTAL IMPACT REPORT NO, 285; Having previously been reviewed by City staff and recommended by the City Planning Commission for General Plan Amendment No. 210 and, having reviewed evidence both written and oral presented to supplement draft Environmental Impact Report No. 285 the City Council again finds on motion by Councilman Daly, seconded by Councilman Pickler, that Environmental Impact Report No. 285 is in compliance with the California Environmental Quality Act and State and City guidelines with the statement of overriding considerations. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-57) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Daly offered Resolution No. 89R-57 for adoption, approving the plan as amended and recommended by staff in report dated February 8, 1989 and deleting the following five intersections from the plan: Lincoln and Magnolia Ball and Brookhurst Kraemer and Orangethorpe La Palma and Magnolia Imperial Highway and Orangethorpe RESOLUTION NO. 89R-57; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE ANAHEIM GENERAL PLaN RELATING TO CRITICAL INTERSECTIONS AND AMENDING GENERAL PLAN AMENDMENT NO. 210 AS ADOPTED BY RESOLUTION NO. 88R-323. Roll Gall Vote: 163 104 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1989, 5;30 P,M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-57 duly passed and adopted. The staff report also prioritized the remaining intersections under the plan. 114/139/116: CONSIDERATION OF BAN ON AUTOMATIC WEAPONS IN ANAHEIM: Councilman Pickler. He feels strongly that there should be a ban on the sale and possession of automatic rifles in the City. He recommended that a discussion of the issue by the Council be scheduled. Councilman Hunter. State legislators are in the process of holding hearings wherein the outcome may be the enactment of some type of law relative to automatic weapons. He feels it would be premature to agendize the issue because if the state does enact a law, all cities will be subject to that action. He is in agreement that something should be done but the Council should wait to see what may come out of Sacramento. Councilman Daly. He basically supports what Councilman Pickler suggested but he would prefer that the Council ask the Intergovernmental Relations Officer to look at the various proposals being discussed in Sacramento. Subsequently the Council could pick one it feels would be most appropriate starting with the strongest measure that is introduced. It was determined by Council consensus to direct the IGR Officer to monitor present State legislative action and submit recommendation to Council. ~DJOURNMENT; Councilman Hunter moved to adjourn. the motion. MOTION CARRIED. (9:36 p.m.) LEONORA N. SOHL, CITY CLERK Councilman Ehrle seconded 164