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1989/03/21City Hall, Anaheim, California - COUNCIL MINUTES - March 21. 1989. 5:30 P.M. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti ADMINISTRATIVE SERVICES COORDINATOR: Greg Trombley TRAFFIC ENGINEER: Paul Singer Mayor Hunter called the adjourned regular meeting of March 14, 1989 to order at 2:00 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; Engelhardt vs. Kawasakt, O.C.S.C.C. No. 13-74-77. 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 indicates any of the matters will not be considered in Closed Session. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:21 p.m.) A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:30 p.m. on March 17, 1989 at the Civic Center kiosk, containing all items as shown herein. INVOCATION; A Moment of Silence was observed in lieu of the invocation. FLAG SALUTE; Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119; PRESENTATION - INTRODUCTION OF MISS ANAHEIM/MISS AMERICA: Mrs. Earline Jones, Pageant Executive Director, introduced the new Miss Anaheim/Miss America for 1989, Bethany Glanz. Miss Glanz was accompanied by members of her court, the first and second runners up in the pageant contest. 223 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5:30 P.M. Mayor Hunter and Council Members welcomed Miss Glanz and congratulated her on being selected Miss Anaheim/Miss America and wished her well in the upcoming June Pageant where she will be competing for the title of Miss California and, if successful, for the coveted title of Miss America in September. She was presented with a dozen red roses. 119; PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Community Development Week in Anaheim, March 24-31, 1989, Angel Day in Anaheim, Tuesday April 4, 1989, Child Abuse Prevention Week in Anaheim, week of April 10, 1989, Volunteer Recognition Month in Anaheim, April 1989, Earthquake Preparedness Month in Anaheim, April 1989, Family YMCA Day in Anaheim, March 24, 1989. The Community Development Week proclamation was accepted by Keith Olesen. (Representatives of the City's Neighborhood Councils were also introduced). The Volunteer Recognition Month proclamation accepted byMarge Atwell and Carmen Luna. 119; DECLARATION OF WELCOME: A Declaration of Welcome was unanimously adopted by the City Council welcoming the National Association of Educational Buyers for their annual meeting, week of April 24, 1989. MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular meeting held February 21, 1989. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,569,033.57 for the week ending March 10, 1989 and $1,503,667.81 for the week ending March 17, 1989, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following resolutions and ordinance on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-77 through 89R-83, both inclusive and Ordinance No. 5005 for introduction) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Daly seconded the motion. MOTION CAI~RIED. CITy MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilwoman Kaywood offered Resolution Nos. 89R-77 through 89R-83, both inclusive, for adoption and Ordinance No. 5005 for introduction. Refer to Resolution Book. 224 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M. Al. 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 Stanley C. Kairawicz for bodily injury sustained purportedly due to actions of the City on or about November 2, 1988. b. Claim submitted by Southern California Gas Company for property damage sustained purportedly due to actions of the City on or about November 22, 1988. c. Claim submitted by Robert K. Wiegert for property damage sustained purportedly due to actions of the City on or about December 31, 1988. d. Claim submitted by Robert Heinsman for property damage sustained purportedly due to actions of the City on or about December 12, 1988. e. Claim submitted by Timothy James Laros for property damage sustained purportedly due to actions of the City on or about November 1, 1988. f. Claim submitted by Joana Franco, a minor through her guardian Rosa Franco, for bodily injury sustained purportedly due to actions of the City on or about October 5, 1988. g. Claim submitted by Nancy Lynn Davis for property damage and bodily injury sustained purportedly due to actions of the City on or about November 17, 1988. h. Claim submitted by Southern California Gas Company (Claim #V225305-05-JEC) for property damage sustained purportedly due to actions of the City on or about November 3, 1988. t. Claim submitted by Southern California Gas Company (Claim #D225682-Ob-JEC) for property damage sustained purportedly due to actions of the City on or about November 7, 1988. j. Claim submitted by Mary A. Pierce for property damage sustained purportedly due to actions of the City on or about December 29 and January 9, 1989. k. Claim submitted by Alfred E. Brown for property damage sustained purportedly due to actions of the City on or about January 27, 1989. 1. Claim submitted by Cruz Miramontes for property damage sustained purportedly due to actions of the City on or about February 11, 1989. m. Claim submitted by Tae Sik Klm for property damage sustained purportedly due to actions of the City on or about August, 1987 to November 1, 1988. 225 City Hall, Anaheim, California - COUNCIL MINUTES - March 21. 1989. 5:30 P.M. A2. 105: Receiving and filing minutes of the Library Board meeting for January 25, 1989. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for January 1989. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held February 9, 1989. 105: Receiving and filing minutes of the Community Services Board meeting held February 9, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held February 22, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held March 8, 1989. 105: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis report for the month of February, 1989. A3. 170/123: Approving Final Map and Subdivision Agreement for Tract No. 12987, located north of the intersection of Weir Canyon Road and Serrano Avenue, containing 15.171 acres divided into 53 residential lots and one open space lot. Filed in conjunction with Sycamore Canyon Specific Plan No. SP88-1, Woodcrest Development of Irvine, Developer. A4. 170/123: Approving Final Map and Subdivision Agreement for Tract No. 12988, subject to approval of Tract No. 12987, located northeasterly of the intersection of Weir Canyon Road and Serrano Avenue, containing 38.936 acres divided into 100 residential lots and one open space lot. Filed in conjunction with Sycamore Canyon Specific Plan No. SP88-1, Woodcrest Development of Irvine, Developer. A5. 170/123: Approving Final Map and Subdivision Agreement for Tract No. 13154, subject to approval of Tract No. 12988, located northeasterly.of the intersection of Weir Canyon Road and Serrano Avenue, containing 7.156 acres divided into 34 residential lots. Filed in conjunction with Sycamore Canyon Specific Plan No. SP88-1, Woodcrest Development of Irvine, Developer. A6. 170/123: Approving Final Map and Subdivision Agreement for Tract No. 12989, subject to the approval of Tract No. 13154, located northeasterly of the intersection of Weir Canyon Road and Serrano Avenue, containing 51.095 acres divided into 117 residential lots and one open space lot. Filed in conjunction with Sycamore Canyon Specific Plan No. SP88-1, Woodcrest Development of Irvine, Developer. A7. 123: Awarding the contract to the most responsive bidder, Clayton Environmental Consultants, Inc., in the amount of $120,000, for the management and inspection services required for removal of asbestos and other hazardous material from the existing Police Administration Building. 226 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 A8. 164: Awarding the contract to the lowest and best responsible bidder, Steve Bubalo Construction, in the amount of $809,893.50 for the Lincoln Avenue Storm Drain Improvement, Sunkist Street to State College Boulevard. A9. 175: Approving a Notice of Completion of the Ball Road Water Main Improvements (Harbor Boulevard to Ox Road), by Elser Constructors, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. AIO. 169: Approving a Notice of Completion of the construction of Kensington Avenue-Partridge Street Street Improvements by Modern Alloys, Inc., and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. Ail. 175: Approving a Notice of Completion of the construction of 12" Ninth Street Water Main Extension, by R. L. T. Construction, Inc., and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. Al2. 158: Authorizing the payment of $145,500 to William C. and Cynthia L. Taormina, pursuant to agreement on file, for modifications to their building located at 300 North Anaheim Boulevard in conjunction with the North Anaheim Boulevard street widening project (R/W 3500-8). Al3. 158: Authorizing the payment of $212,045 to An-Lo Incorporated, pursuant to agreement on file, for modifications to their building located at 408 North Anaheim Boulevard in conjunction with the North Anaheim Boulevard street widening project (R/W 3500-13). Al4. 158: Authorizing the payment of $230,666 to Belanger Brothers Automotive, pursuant to agreement on file, for modifications to their building located at 815 North Anaheim Boulevard in conjunction with the North Anaheim Boulevard street widening project (R/W 3500-56). Al5. 158: Authorizing the payment of $10,056 to Anaheim Brake and Wheel, pursuant to agreement on file, for the cost of sign replacement for advertising signs located at 912 and 916 North Anaheim Boulevard, in conjunction with the North Anaheim Boulevard street widening project (R/W 3500-70). Al6. 158: Authorizing the payment of $335,250 to Anaheim Brake and Wheel, pursuant to agreement on file, for modifications to their buildings located at 912 and 916 North Anaheim Boulevard in conjunction with the North Anaheim Boulevard street widening project (R/W 3500-70). Al7, 176; RESOLUTION NO. 89R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (88-15A) (Northwest corner of Euclid and Katella, 88-15A - suggested date is April 25, 1989, at 3:00 p.m.) Al8, 176; RESOLUTION NO, 89R-78; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, 227 City Ha~, Anaheim, California - COUNCIL MINUTES - March 21. 1989. 5:30 P.M. HIGHWAYS AND SERVICE EASEMENTS. (88-19A) (Storm Drain Easement 807 Orangethorpe, suggested date is April 25, 1989, at 3:00 p.m.) Al9. 123: Authorizing the Mayor and City Clerk to execute an amendment to the agreement with Signal Maintenance Incorporated for traffic signal maintenance services, exercising an option to extend same for an additional one-year period from July 3, 1988 through July 2, 1989. A20. 144/167: RESOLUTION NO. 89R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE ORANGE COUNTY TRANSPORTATION COMMISSION'S ANTI-GRIDLOGK PROGRAM AND REQUESTING "DO NOT BLOCK INTERSECTION, FINE UP TO $500" SIGNS FOR POSTING AT CONGESTED INTERSECTIONS IN THE CITY. A21, 149/142; ORDINANCE NO. 5005 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING OF VEHICLES. To provide'for no parking at any time at the following locations: Frontera Street, north and south sides, from Kraemer Boulevard to 940' east of Kraemer. La Palma Avenue, north and south sides, from Kraemer Boulevard to Blue Gum Street. Serrano Avenue, both sides, from Somerset Lane to Taylor Court. Oak Hills Drive, both sides, from Serrano Avenue to Flint Ridge Way. A22. 160: Accepting the bid of Advanced Office Concepts, Inc., in the amount of $33,851.10 plus freight charges not to exceed $1,800 for automated moveable shelving to be installed in the Police Department property area, in accordance with bid proposal #4679. A23. 160: Accepting the iow bid of pirelli Cable Corporation, in an amount not to exceed $423,207.15 for 23,925 feet of 15KV 1000 KCMIL cable, in accordance with bid #4678. A2A. 160: Accepting the low bid o£ Buena Park %;holesale Electric, in an amount not to exceed $90,421.65 for 65,000 feet of 653.9 KCMIL cable, in accordance with bid #4676. A25. 160: Accepting the low bid of GMF Sound, Inc., in the amount of $32,299 for security access control system at Anaheim Stadium, in accordance with bid ~4682. A26. 123: Approving a Second Amendment to the agreement with Montgomery Elevator Company, increasing monthly charges, and to provide maintenance services for three Civic Center elevators for three additional years, to expire March 31, 1992. A27. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising, to Xerox 228 City Hall, Anaheim. California - COUNCIL MINUTES - March 21. 1989. 5:30 P.M. Corporation, in the amount of $57,187 for one Xerox model 1090 copier to be used in the Utilities Department. A28. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for seven months ended January 31, 1989. A29. 153/152: Authorizing the Human Resources Department to solicit proposals from firms interested in providing advertising services for Human Resources Department recruitment efforts. A30. RESOLUTION NO. 89R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-115 BY ADJUSTING RATES OF COMPENSATION FOR SELECTED UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. (Amending Resolution No. 88R-115 by adjusting rates of compensation for unrepresented part-time employees who supervise employees represented by part-time bargaining units, effective March 24, 1989) A31. 153; RESOLUTION NO, 89R-81; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-265 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (To add the position of Senior Event Coordinator at the Anaheim Convention Center) A32. 153: RESOLUTION NO. 89R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-264 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. reclassify the position of Golf Operations Manager to Golf Course Manager, effective March 17, 1989) (To A33. 106/150: Approving an increased appropriation of $50,000 for expenditures incurred for the Cinco de Mayo Fiesta to be allocated to account 279-6341 and increase appropriation of revenue by $50,000 from the Fiesta to account #279-3222. A34. 123: Approving a Consent to Assignment and Agreement with Trident Data Systems, Inc., for the transfer of "Showttmes" event management software package to its new owner, Progr~mmatics, Inc. A35. 177.174: Authorizing the Mayor to execute a letter of endorsement for 120 Housing Vouchers under the Section 8 Voucher Housing Assistance Payment Program to be submitted by the Anaheim Housing Authority staff. A36. 144: Receiving and filing Resolution No. 89-2 from the Board of Directors of the Orange County Transit District, in support of a free enterprise monorail system at John Wayne Orange County Airport. A37, 158: RESOLUTION NO. 89R-83: 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. A38. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar). 229 City Hall. Anaheim. California - COUNCIL MINUTES - March 21. 1989. 5:30 P.M. Roll Call Vote on Resolution Nos. 89R-77 through 89R-83: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-77 through 89R-83, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A38. 105/175/106: ATTENDANCE AT UTILITIES WORKSHOP BY MEMBERS OF THE PUBLIC UTILITIES BOARD: Submitted was a request for Council. Approval of the attendance of two members of the Public Utilities Board at the American Public Power Assoctattons's "Policy Makers Workshop" to be held in San Francisco, March 29 through April 1, 1989, and appropriating $3,120 from Council's Contingency fund to cover these expenses as recommended by the Public Utilities Board. Report was dated March 7, 1989 from the Secretary of the Public Utilities Board, Gordon Hoyt, recommending approval of the subject. Councilman Daly. After discussing the matter with the Public Utilities General Manager, he (Daly) suggests that the cost for the workshop be funded from the Public Utilities Department budget instead of from the Council Contingency Fund. It was also determined by the Board that Board Members Stanton and White would be the attendees. MOTION: Councilman Daly moved to approve the attendance of two members of the Public Utilities Board at the American Public Power Associations' "Policy Makers Workshop" to be held in San Francisco, March 29 through April 1, 1989, and that the funds to cover these expenses be allocated from the Utilities Department budget. Councilman Pickler seconded the motion. Councilwoman Kaywood abstained. MOTION CARRIED. Councilman Ehrle. He recommended that there be a policy whereby all Public Utility Board Members have an opportunity of attending the various seminars perhaps on a rotating basis. 000/101: PUBLIG HEARING - PARKING FEE INCREASE AT ANAHEIM STADIUM: To consider increasing the parking fee for California Angels baseball games and all other events at Anaheim Stadium, other than concerts, competitive Motorsports events, Freedom Bowl, and Los Angeles Rams games to four dollars per entry for automobiles up to twenty feet in length. Additionally, vehicles in excess of twenty feet would be charged eight dollars per entry. Submitted was report dated March 15, 1989 from Greg Smith, Stadium General Manager, recommending approval of the proposed fee increases. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 17, 1989. Mayor Hunter asked if anyone wished to speak to the proposed fee increase. 23O City Hall. Anaheim. California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M. Mr. Philip Lowe, 428 South Gain. Getting into Anaheim Stadium is very easy to do, but getting out after sporting events is very difficult. If fees are going to be increased, somebody should be assigned to assist in helping patrons to exit the Stadium. There being no further persons who wished to speak, Mayor Hunter closed the public hearing. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-84) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-84 for adoption, revising the parking fees in Anaheim Stadium as recommended by staff. Refer to Resolution Book. RESOLUTION NO, 89R-84; A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF ANAHEIM REVISING THE PARKING FEES AT ANAHEIM STADIUM. 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-84 duly passed and adopted. 123/000/132: PUBLIC HEARING - SOLID WASTE COLLECTION AND DISPOSAL CHARGES AND FEES; SEWER MAINTENANCE CHARGES: AND STREET CLEANING CHARGES; Submitted was report dated March 14, 1989 from the Director of Maintenance, John Roche, recommending amendments to agreements with Jaycox Disposal, Anaheim Disposal and Consolidated Volume Transporters, Inc. relating to the subject. The report also discussed in detail how the new rates were determined as well as giving a briefing of the proposed recycling and automatic collection program. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 7 and March 14, 1989. John Roche, Director of Maintenance. He is bringing to the Council's attention tonight an innovative proposal on solid waste collection and recycling which is a trial system affecting approximately 11,000 households who will be on an automated trash collection system and a monthly voluntary program on recycling. The program was then explained in detail in a video presentation. (Also see booklet entitled "Recycle Anaheim" - made a part of the record). Mayor Hunter asked if anyone wished to speak; there being no response, he closed the public hearing. 231 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M. Councilwoman Kaywood complimented Bill and Vince Taormina, the City's waste and disposal contractors, in offering the recycling and automatic collection program. She is hearing an awareness for the need to recycle which is a change from the attitude Just a few years ago. Vtnce Taormina, Chief Executive Officer, Anaheim Disposal, Inc. He brought forth the containers that will be used in the recycling program. The pilot program will cover 20% of the City selected at random, but covers all economic and demographic areas from the east end of the City to the central portion and to the west. He then explained how the program would work using the color coded posted map. The cost is all-inclusive in the program. The containers will be provided to those in the pilot program free of charge. They have a full life guarantee and any replacement will be at no charge. Councilman Daly. Speaking to Mr. Taormtna, it is his understanding that they will be back to the Council with a report after a one-year period to report on how the project is working; Mr. Taormina stated that a report will be provided probably after six months. Councilman Pickler. He also pointed out that Bill Taormina is a member of the Orange County Waste Management Advisory Committee and has an appointment through Orange County Supervisor Don Roth. He is also involved with the Tanner bill and has been involved in many efforts to alleviate waste problems. He is to be commended for all that he has done. MOTION; Councilman Pickler offered the following motions (1) approving the Second Amendment to the Amended and Restated Agreement with Jaycox Disposal Company, Inc., for the collection and disposal of residential solid waste; (2) approving Addendum Number 1 to the Amended and Restated Agreement with Jaycox Disposal Company, Inc., to establish a recycling and automatic collection program; (3) Approving the Second Amendment to the Amended and Restated Agreement with Anaheim Disposal Inc., for the collection and disposal of commercial and industrial solid waste and (4) Approving the Second Amendment to the Amended and Restated Agreement with Consolidated Volume Transporters, Inc., for disposal services, as reco~m~ended in memorandum dated March 14, 1989 from the Director of Maintenance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-85) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-85 for adoption, repealing Resolution No. 88R-192. Refer to Resolution Book. RESOLUTION NO. $9R-85; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING RESOLUTION NO. 88R-192. 232 City Hall, Anaheim, California - COUNCIL MINUTES March 21, 1989, 5;30 P.M. 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-85 duly passed and adopted. 179; PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 247. RECLASSIFICATION NO, 88-89-12, VARIANCE NO, 3856 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Schroeder-Grimm Orange Associates 2411 E. Coast Highway, #300, Corona Del Mar, CA 92625 AGENT: The Schroeder Company ATTN: William W. Rice 2411 E. Coast Highway, #300, Corona Del Mar, CA 92625 LOCATION/REQUEST: The properties are located at 2518, 2520, 2532, 2540 W. Orange Avenue, southeast corner of Orange Avenue and Velare Street. The applicant originally proposed a three-story 73 unit apartment complex with a General Plan Amendment and Variance to waive minimum building site area per dwelling unit, minimum access requirements, maximum structural height and maximum site coverage. At the Planning Commission Hearings, the applicant withdrew his request for the General Plan Amendment, modified his reclassification request, and has withdrawn the Variance request. (The Variance was denied by the Planning Commission.) The applicant's plans are now to construct a two-story 29 unit condominium complex with change in zone from RS-A-43,000 to RM-3000 or a less intense zone. PLANNING COMMISSION ACTION: General Plan Amendment No. 247 was withdrawn; Reclassification No. 88-89-15 was granted by the Planning Commission under Resolution No. PC89-23; Variance No. 3856 was denied by the Planning Commission under Resolution No. PC89-24; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Hunter and Councilwoman Kaywood at the meeting of February 21, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 9, 1989. Posting of property March March 9, 1989. Mailing to property owners within 300 feet - March 10, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 30, 1989. 233 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M. Mayor Hunter first asked to hear from staff for purposes of clarification on the status of the request. Anntka Santalahti, Zoning Administrator. The application was originally submitted to the Planning Commission involving a General Plan Amendment which was revised at the Planning Commission. Ultimate approval was withdrawn of the General Plan Amendment because the proposed density does conform to the current density standard. There was denial or withdrawal of the variance which eliminated the two waivers, and approval of the reclassification for a smaller project consisting of 29 residential condominium units satisfying code requirements. The waivers were not major waivers. The developers have placed an exhibit on the wall which shows the change as a result of eliminating the two waivers which basically involved density which was eliminated, minimum access requirements which realigned some of the garages and structural height and site coverage which both changed because of the reduction in the density from the original 73 units. Answering Councilman Daly, she explained the Planning Commission in approving only the reclassification, approved a third version of the project. There was an interim version which involved 30 units and two of the waivers. The Commission denied that and those were the density and access requirements for the 30 unit project. In denying that, they will have 25 units at Code. That exhibit never went to the Planning Commission but it involved just eliminating one unit and realigning a garage, which is the developer's latest proposal. Councilman Daly. He asked if the most recent Planning Commission action on the most recent proposal the Commission saw was a denial; Ms. Santalahtt answered yes. That was for 30 units and two waivers. She confirmed that the Commission approved the reclassification from RM-43,000 to RM-3000 but not the variances and the applicant dropped his request for the variances. APPLICANT'S STATEMENT: Bill Rice, The Schroeder Company, 2411 E. Coast Highway, Suite #300, Corona Del Mar, CA 92625. He is one of the owners of the subject 2-acre property on Orange Avenue. He first gave a background on his company which has been doing business in Anaheim for 19 years and which presently owns and manages six properties in Anaheim. In the last several years, they have purchased older properties and subsequently remodeled and rehabilitated those properties. Mr. Rice then narrated a slide presentation showing the properties that they had rehabilitated (before and after) explaining how the rehabilitation was accomplished. They originally became interested in the subject two acres because they own the 24 234 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M, adjacent apartments. Their initial proposal for 73 apartments was based on the RM-1200 zoning which they felt made sense because many properties on Webster Avenue and Velare Streets are zoned RM-1200. Once they found out that the residents were against apartments, they completely re-thought the project and the proposal now is for single-family detached homes, condominiums or town homes, owner-occupied homes which comply with all laws, regulations and ordinances. The project meets or exceeds all City requirements for the ILM-3000 zone and conforms to the existing General Plan. The only city action requested now is to change the outdated agricultural zoning to comply with the General Plan which was approved by the Planning Commission. They are not now asking for any variances or waivers. The project is 29 homes, all with 3-bedrooms, 2 1/2 baths with smaller units of 1,200 square feet and larger units of 1,540 square feet. Based on today's market, they will sell for $175,000 to $200,000. It is not affordable housing. To purchase a unit would take an income of approximately $70,000. In two previous Planning Commission meetings, they have heard and listened to the objections raised and have subsequently modified their plans significantly. The density has been reduced by 60% since the plan was first submitted. He then addressed other issues of concern relating to accidents, traffic and crime. In concluding, he stated that their project will only increase the value of the area. It is a good area, they have addressed many of the concerns and 29 owner-occupied homes will attract good homeowners and be a desirable place to live. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: The following people, including a summary of their concerns, spoke in opposition to the project: Reverend Lew Sheldon, 2737 West Savoy. The property now contains four lots with four houses and the proposal is to put 29 units on those four lots. The quality of life is a precious commodity to the residents presently living in the area. Schools are filling up with individuals who are transitory and according to his own research in the Anaheim Union High School District, over 40% of the students leave the School District and stay only for a brief period of time. These students are coming from those living in apartment units. He is opposed to having 29 units built on four lots. Cheryl Tewell, 2549 West Orange, (directly across from the proposed project). 235 City Hall. Anaheim. California - COUNCIL MINUTES ~arch 21, 1989, 5;30 P,M. She will be directly affected by the project whatever is allowed. Development in the immediate area has exploded with apartments one on top of the other. Density and increased traffic has eroded the area. The elementary school (Maxwell) is nearly at maximum capacity. Student transiency is better than 50% directly related to the number of multiple dwellings in the area. Quality of life in Anaheim must be considered. Over-development of Anaheim, particularly West Anaheim is contributing to the City's decline. She is encouraging the Council to rezone the land to single-family homes only, ten of them, which would be in the best interest of the immediate area. She believes the people who will purchase the 29 units will be investors and they will subsequently be rented out. Bob Garter, 513 South Aron Street. He is a Neighborhood Watch Block Captain and was asked to submit the petitions in opposition to the project. (Mr. Carter submitted the petitions approximately 70 pages with room on each page for 15 signatures). He then gave statistics that he'had gathered which reflected that from La Palma to Katella, there are 14,566 dwelling units, either built, presently under construction or approved by the Planning Commission. Two percent are mobilehomes, 32% are single-family residences and 66% are multiple-family units - apartments, condominiums and townhomes. There is an out-of-balance situation in that area of the City. Traffic is horrendous, it is time to start bringing the percentage of single-family homes up to where it should be. Ruth W. Good, 1359 Sherrill Street, Member of the Board of the Magnolia School District. If more children are added to the District, they will have to construct new schools. Traffic is a major concern. She would like to see rezoning in the whole City where instead of permitting multiple-family dwellings, that only a much lower density be allowed. Although the developer has reduced the project down from 73 units, the analogy is the case of children asking for more than they want so that they can get what they want. Richard Halmark, 2545 Heffron Drive. There are no sidewalks or street lights in the subject area. There is a crime problem and a traffic problem. He then explained several accidents that had occurred involving both his yard and his neighbor's properties. Bev Lekens, 2541 West Orangewood (directly across from the proposed driveway for the project). She commended Mr. Rice for redoing his project but it is still not acceptable to the residents. She refuted Mr. Rice's statements that there are no crime or traffic problems in the area and relayed specific instances also expressing her concern 236 City Hall. Anaheim. California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M. that the police do not respond. Quality of life has deteriorated in the area. Joe Vanderwoude, 517 South Hampton Street. The community is entitled to protect itself from outside forces. The property at present contains single-family residences and should have carried the appropriate zoning designation to begin with. The residents in the area will accept no alternative. Mary Ake, 803 Velare Street. Her concern is the safety of the children in her neighborhood including her own children who have expressed concern in having to walk past the apartments and condominiums on Velare Street because of being harassed by teenagers who congregate in that vicinity. Traffic safety is another concern. She relayed incidents that she was aware of that had occurred in the area explaining that it was difficult to get the Police Department to respond or to take a report. Steven Young, 2506 West Clearbrook. He gave traffic counts he had gathered to justify the seriousness of the traffic problem as well as the difficulty he has experienced maneuvering in traffic in the area. He would like to see only single-family homes on the property, five or six or a maximum of ten with the trees left in place and well landscaped. Gloria Bohannon, 2349 West Orange. It now takes her 10 to 15 minutes to get out of her driveway to go 2 miles to get to her job. With the addition of 29 units, it will take 20 to 30 minutes. The point is, since many families will not be able to afford to live in the units, there will be sharing of the condominiums which could mean 90 families and 119 cars. Betty Eamon, 2943 West Academy. It is necessary to focus on the increase from four single-family dwellings to 29 townhomes and not the fact that the proposal has been decreased from 73 apartments to 29 units. The developer is asking for more hoping he will get what he really wants. Keith Bird, 329 Gain. He expressed doubts over the credibility of the traffic report submitted by the developer. It is not as comprehensive as they would be led to believe. He then refuted some the claims stated in the report and he asked that the Council discount the report submitted. Donald Wiese, 307 South Beachy Place. There are a lot of children who go down to Orange Avenue and 237 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P.M. adjacent areas to get to the Maxwell School not supervised by adults. They used to go down Broadway and then Magnolia but since the parallel development on Broadway, accidents have proliferated. There is more traffic being taken from Broadway and traveling onto Orange which is aggravating the situation. Claire Brown, 720 South Sherrill Street. She purchased her home 32 years ago in this single-family dwelling area which developed into a beautiful neighborhood. She views with alarm the increased traffic that will develop because of a multi-story unit being built to the west of her neighborhood and now the proposed multi-family dwellings to the east. Overbuilding in Anaheim has to stop. She urged the Council not to ruin West Anaheim. APPLICANT'S SUMMARY: Bill Rice. He feels he is in the middle of correcting society's problems. It is not an apartment project. He understands the discussion about quality of life. Orange County has grown considerably. There is more traffic and people but there is not much he can do about that situation. Relative to the School District, they are doing what is required of them as developers. They are paying over $66,000 in school fees. Relative to how the area is laid out now without sidewalks - the Planning Department and Building Department have very strict building regulations that require them to install sidewalks and street lighting. They will also be paying $60,000 in park fees to maintain the parks. He then reiterated that the information he relayed relative to traffic and crime in the area was obtained from the City departments involved. They feel their project is what the City wanted to see on that property. The only thing he is asking is for a reclassification to bring the property out of the agricultural zone and into conformance with the General Plan. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. She is concerned that four homes are proposed to be removed to be replaced by 29 units with a total of 87-bedrooms which will result in a great many more people added to the area. Orange Avenue is a 2-lane street and there is no room to widen the street. She lives in the area and knows it is not wide enough to accommodate an additional 87-bedrooms and the resultant traffic. To build on 7,200 square foot lots the cost is prohibitive. She would look favorably upon RS-5000 and ask how many homes would be allowed under that zoning. Anntka Santalahti, Zoning Administrator. It would be somewhere between 10 and 15 units absent the issue of whether public or private streets would be involved. 238 City Hall. Anaheim. California - COUNCIL MINUTES - March 21, ~989, 5;30 P,M. Councilwoman Kaywood. That would be the maximum she would want to see in that location. Councilman Ehrle. In this case, he would support single-family homes. A 2-acre development on 5,000 square foot lots would be appropriate. The Council has gone on record moving away from apartments to condominiums. The developer has done a good job but the Council is hearing the public and community speak that wherever possible that there be single-family homes where there is a large enough parcel, and to do everything possible to maintain the integrity of single-family homes and single-family neighborhoods. He will only support a project of single-family homes on 5,000 square foot lots. It will be up to the developer to come back to the Planning Commission with such a proposal. He would support Councilwoman Kaywood's thoughts and a maximum of 15 homes. Councilwoman Kaywood asked the City Attorney if the developer chooses to go to the Planning Commission with a proposal for RS-5000 and the Council denies the subject project, would the developer have to start all over again. City Attorney White. The developer would have to start all over again. The Council does have the jurisdiction to send the project back to the Planning Commission but it would save time to deny the project and to start all over again. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-86 and 89R-87) Councilman Hunter moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION C~RRIED. Councilman Hunter offered Resolution No. 89R-86 for adoption, denying Reclassification No. 88-89-15 and Resolution No. 89R-87 denying Variance No. 3856. Refer to Resolution Book. RESOLUTION NO, 89R-86; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO, 89R-87; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3856. 239 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989. 5:30 P,M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-86 and 89R-87 duly passed and adopted. RECESS; By general consent the Council recessed for ten minutes. (8:17 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (8:43 p.m.) 179; PUBLIC HEARING VARIANCE NO. 3859 AND NEGATIVE DECLARATION; APPLICANT: OWNERS: Anaheim General Hospital Ltd 3350 W. Ball Road, Anaheim, CA 92804 AGENT: Rvadd A. Jeffrey 3350 W. Ball Road, Anaheim, CA 92804 LOCATION/REQUEST: The property is located at 3350 W. Ball Road. The request is to construct a 30,000 square-foot, 3-story medical office building with waiver of minimum number of required parking spaces. PLANNING COMMISSION ACTION: Variance No. 3859 was denied by the Planning Commission under Resolution No. PC89-07; approved Negative Declaration. HEARING SET ON: A letter of appeal was submitted by Farano and Kieviet on behalf of the owner, Anaheim General Hospital, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 9, 1989. Posting of property March 9, 1989. Mailing to property owners within 300 feet - March 10, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 16, 1989. City Clerk Sohl announced that a letter had been submitted by the law firm of Farano & Kieviet, requesting a continuance of the public hearing. Mr. Tom Kieviet, Farano & Kieviet, 100 South Anaheim Boulevard. He referred to the letter submitted and the request is to continue the public hearing to April 4, 1989 to permit them to complete the consolidation of materials which they intended to present today and also to address some of the concerns expressed by surrounding property owners. 240 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P.M. Mayor Hunter first asked if anyone was present to speak at the public hearing today. Joyce Mikelow, 1240 Masters Lane, indicated she had been present for some time and was opposed to a continuance. If there was going to be a continuance, the homeowners should have been notified. It is also the third public hearing they have had to attend. Mayor Hunter stated that the Council could open the hearing today, allow testimony to be given, and subsequently continue the public hearing as requested. Mrs. Mikelow stated she still did not favor a continuance and expressed concern that if she could not be present on the continuance date, it would make a difference in the Council's decision. She then explained that the parking and traffic situation on her street is very bad and people park all the way up to her driveway. Vehicles turn around on the cul de sac all day for as long as the offices are open. She has three little girls and is concerned for their safety and that is a concern of other neighbors as well. The 3-story building will be right behind her fence and when her children are playing in the backyard, there will be visual intrusion. People will know that there are three children living there. She also submitted letter dated March 8, 1989 signed by the residents of Masters Lane (nine signatures) opposing the construction of the medical office building because of the adverse additional impact it will have on parking, traffic and traffic safety as well as a lowering of property values (made a part of the record). Mayor Hunter stated that Mrs. Mikelow's testimony will be placed in the record. MOTION: Mayor Hunter moved to continue the public hearing on Variance No. 3859 to Tuesday, April 4, 1989 at 6:00 p.m. Councilman Daly seconded the motion. MOTION CARRIED. Chairman Hunter reconvened the Anaheim Redevelopment Agency for the purpose of a Joint Public Hearing with the City Council. (8:50 p.m.) 114/161-161.123: JOINT PUBLIC HEARING - CITY COUNCIL/REDEVELOPMENT AGENCY - FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT - MEYER INVESTMENT PROPERTIES. INC,; To consider the proposed Fourth Amendment to the Disposition and Development Agreement with Meyer Investment Properties, Inc.; Anaheim City Center - 1984; Anaheim City Center Properties, Ltd.; and Richard J. Meyer, revising the terms and conditions of the sale and/or lease of certain real property within Redevelopment Project Alpha (boundaries are Harbor Boulevard, Lincoln Avenue, Clementtne Street and Broadway.) PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 7 and March 14, 1989. 241 City Hall, Anaheim, California - COUNCIL MINUTES - March 21. 1989. 5:30 P.M. Mayor/Chairman Hunter asked if anyone wished to speak to the proposed Fourth Amendment to the subject Disposition and Development Agreement; there being no response, he closed the public hearing. Agency Member Pickler offered Resolution No. ARA89-1 for adoption, approving the Fourth Amendment to the Disposition and Development Agreement with Meyer Investment Properties, Inc.; Anaheim City Center - 1984; Anaheim City Center Properties, Ltd.; and Richard J. Meyer, revising the terms and conditions of the sale and/or lease of certain real property within Redevelopment Project Alpha (boundaries are Harbor Boulevard, Lincoln Avenue, Clementine Street and Broadway). Refer to Resolution Book. RgSOLUTION NO. ARA89-1: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND MEYER INVESTMENT PROPERTIES, INC. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Chairman declared Resolution No. ARA89-1 duly passed and adopted. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-88) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-88 for adoption, approving the Fourth Amendment to the Disposition and Development Agreement with Meyer Investment Properties, Inc.; Anaheim City Center - 1984; Anaheim City Center Properties, Ltd.; and Richard J. Meyer, revising the terms and conditions of the sale and/or lease of certain real property within Redevelopment Project Alpha (boundaries are Harbor Boulevard, Lincoln Avenue, Clementtne Street and Broadway). Refer to Resolution Book. RESOLUTION NO. 89R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND MEYER INVESTMENT PROPERTIES, INC., WHICH PROVIDES FOR REVISION OF THE PURCHASE PRICE FOR THE SALE OF CERTAIN REAL PROPERTY PURSUANT THERETO, THE LEASE WITH OPTION TO PURCHASE OF CERTAIN OTHER REAL PROPERTY PURSUANT THERETO, AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH FOURTH AMENDMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None 242 City Hall. Anaheim. California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M, The Mayor declared Resolution No. 89R-88 duly passed and adopted. 128: CONTINUED PUBLIC HEARING - MELLO-g00$ QOMMUNI1~ FACILITIES DISTRICT NO. 1989-3 - THE SUMMIT; At the Council meeting of February 20, 1989, 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 March 7, 1989 and subsequently to this date (see minutes of February 7, February 21 and March 7, 1989 as well as the minutes of the meeting of December 20, 1988 wherein the Council determined a policy on establishment of a Mello-Roos District for the three new Ranch developments in East Anaheim Hills which included the subject development). Creg Trombley, Project Manager on Mello-Roos. Staff has met with the Baldwin Company and an agreement has been reached on a recommendation to Council to include within The Summit Mello-Roos District all of the projects staff has recommended be included in the past - Weir Canyon Road, Santa Aha Canyon Road police substation and the police and fire shortfall. In addition, staff is recommending the inclusion of the 4 million gallon water reservoir in the amount of approximately $500,000. That amount would be allocated for the future development of the Irvtne Ranch property which extends beyond The Summit boundary. The amount would eventually be reimbursed by the future developer that would come back to the City and would be redistributed back to the Mello-Roos District to pay off the bonded indebtedness. The Summit organization accrues any savings from the current construction costs, any additional savings could go into furtherment of the Oak Hills Drive public improvement. Staff and Council increased the size of that road from two to four lanes. Staff is recommending that Council adopt a Mello-Roos District in the amount of $8 million for capital project construction costs which is $500,000 more than previously recommended which would make the City's total assessed value on the homes of 1.36% or a combined total, including the School District of approximately 1.66%. David Graf, representing The Summit. That is a very hard and fast number they would not exceed the 1.66% combined total. Mayor Hunter. They are here today on the 1.36% and the only difference from other hearings is the pro rata share - the 4 million gallon 243 City Hall, Anaheim. California - COUNCIL MINUTES - March 21, 1989, 5;30 P.M. water storage facility and a share of Oak Hills Drive which is going to four lanes. He understands staff and the Baldwin Company are in agreement. City Manager Bob Simpson. That is correct. Oak Hills Road will only be included if they are able to effectuate savings from the other projects which have been authorized. Staff is not authorizing additional funds for that purpose. It is suggested that Council authorize funds for the 4 million gallon storage tank but only those in excess of what is needed for Baldwin's Development. If Irvine develops that, the money would then be reimbursed. When it is reimbursed, staff is recommending that it go toward the service of the debt of the Mello-Roos District and not back to the developer or the City. Councilwoman Kaywood asked Mr. Graf if he was planning to have fire sprinklers in the homes to be built. Mr. Graf answered, not at this time. They will examine that possibility and see if there is an appreciable market value as to whether or not people perceive it as something they desire. MOTION: Councilman Pickler moved that the following area-wide projects and costs are approved for inclusion into Community Facilities District No. 3 (The Summit): Serrano Avenue Santa Ana Canyon Road Police Substation Weir Canyon Road Regional Water Storage (4 million gallons) *Oak Hills Drive (Police and Fire shortfall) Total $1,669,825 $1,294,200 $ 927,969 $3,616,081 $ 491,925 $8,000,000 *Note: Funding for Oak Hills Drive to come from Developer's Project Contingency & Developer Project Savings. Councilman Ehrle seconded the motion. MOTION CARRIED. It was determined the subject public hearing would be continued for two weeks to April 4, 1989, at which time appropriate documentation will be submitted for further Council action. 176: CONTINUED PUBLIC HEARING - ABANDONMENT NO, 87-17A; In accordance with application filed by Dennis Stanrod, 1811 - 1821 Cypress Street, Anaheim, CA 92805, public hearing was scheduled on the proposed abandonment of a portion of Cypress Street, extending from Evelyn Drive to a point approximately 75 feet west of Coffman Street, pursuant to Resolution No. 89R-16, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. 244 City Hall. Anaheim. California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M. The City Council adopted Resolution No. 89R-16 at the meeting of January 24, 1989, which stated that the portion extending from Evelyn Drive to a point west of Coffman Street was approximately 132 feet. Resolution No. 89R-44 (revised) which was adopted by the Council at the meeting of February 21, 1989 revised the number of feet from 132 feet to a point approximately 75 feet west of Coffman Street. The public hearing on the subject abandonment was continued from the meeting of February 28, 1989 to this date. Report of the Director of Public Works/City Engineer, Gary Johnson, dated February 14, 1989 was submitted recommending approval of said abandonment. Mayor Hunter asked if anyone wished to address the Council. Darrel Phillips, 1281 Morada Drive, Orange. He is present on behalf of the owner of the adjacent property who are the applicants for the abandonment. They are in favor of the proposed abandonment. There being no further persons who wished to speak, Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council ratified the determination of the Director of Public Works/City Engineer 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-89) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-89 for adoption, approving Abandonment No. 87-17A. Refer to Resolution Book. RESOLUTION NO, 89R-89; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF CYPRESS STREET EXTENDING FROM EVELYN DRIVE TO A POINT APPROXIMATELY 132 FEET WEST OF COFFMAN STREET. (ABANDONMENT NO. 87-17A) 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-89 duly passed and adopted. 245 City Hall. Anaheim. California - COUNCIL MINUTES - M~ch 21, %989, 5;30 P,M. 173: PUBLIC HEARING - APPLICATION TO OPERATE NIGHT LIFE CIRCUIT - JITNEY SERVICE: REQUESTED BY: Jennifer Wrigley 51 Dunn Street, Laguna Niguel, CA 92677 The applicant seeks authority to operate a Jitney service in the City of Anaheim between certain points in the Convention Center and Dtsneyland areas. The applicant also proposes to provide passengers with a list of designated hotels, night clubs and restaurants, enabling them to travel to and from designated night spots as many times as the schedule offers, at intervals of 45 minutes to 2 hours for a fare of $20. Scheduled passenger service shall take place regularly, Tuesday through Saturday from 6:00 p.m. to 2:00 a.m. Submitted was report dated March 17, 1989 from the Acting Code Enforcement Manager, recommending that the Council consider approval of the subject permit doing business as "Night Life Circuit" subject to the conditions stated in Anaheim Municipal Code Section 4.80.010. Jennifer Wrigley, 51 Dunn Street, Laguna Ntgual. The applicant answered a line of questions posed by Council Members relaying the following information. She has no existing business of the subject nature anywhere, in previous years she was involved in a similar business in Kansas City, Missouri, but was not the owner, she intends to pull her vehicles into the properties and has permission to do so from the hotels, motels, and restaurants that will be involved, she has not purchased any vehicles as yet since it is not logical to do so without first being able to obtain a license, there will be two drivers - herself and another driver to be hired. City Attorney White then explained for Councilman Pickler that there are six findings that are required to be made by the Council in connection with granting a Jitney permit setforth in Section 4.80.040 of the Anaheim Municipal Code. One of those relates to providing proof of insurance as well as relating to inspection of the actual vehicles by the City. Since the insurance has not b~en obtained on whieles not bought, if the Council grants the permit, it should be on condition that the applicant meet the requirements set forth in the Code section. Ms. Wrigley answered additional questions the charge is $20 per person, the service is geared for convention goers, the charge covers a circuit for one night which includes restaurants, night clubs and return to their hotel/motel. The service does not cover transportation to Angels or Rams games but is definitely for night time entertainment. It will not become a taxi service which would require another license. The logo for the vehicles will be blue and black, the service will be provided within the City's limits, the insurance requirement is $100,000/$250,000 and $100,000 for property damage. She is 246 City Hall, Anaheim, California - COUNCIL MINUTES March 21, 1989, 5;30 P.M. also applying for a public utilities commission license through the state which would then allow her to transport people from the convention area to wherever she has been approved to go but she would have to get subsequent approval for that. Paul Singer, Traffic Engineer. He requested if the permit is approved that it include a condition that there be no stopping or parking other than as a result of a traffic control device and that there be no loading or unloading of passengers on any public right-of-way. Ms. Wrigley stated she would have no problem with that because it is also for the safety of riders as well. Mayor Hunter asked if anyone wished to speak. Jeff Kirsch, 2661 West Palais. He asked if there is any requirement for handicapped access; City Attorney White answered no. Larry Slagle, Yellow Cab Company of North Orange County. As long as the service is operated as presented on a fixed route according to the schedule, Yellow Cab would have no problem with granting the application. If it becomes a taxi service then they should go through the normal hearing process. There being no further persons who wished to speak, Mayor Hunter closed the public hearing. MOTION: Councilman Pickler moved to approve the subject application to operate night life circuit jitney service finding that the public convenience or necessity requires the operation of the jitney service and that the service meets the other requirements of Anaheim Municipal Code Section 4.80.040, as well as the additional requirement that there be no stopping or unloading of passengers in the public right-of-way as stipulated. Councilman Daly seconded the motion. MOTION GAi{RIED. 179: PUBLIC HEARING - RECLASSIFICATION NO,88-89-26, VARIANCE NO. 3884 AND NEGATIVE DECIARATION: APPLICANT: OWNERS: Thomas P. Morger and Janice Morger 2865 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: G.H.M.M. Corporation P.O. Box 487, Atwood, CA 92601 LOCATION/REQUEST: The property is located at 2865 West Lincoln Avenue. The request is for a change in zone from CL to RM-1200, for waivers of (a) maximum 247 City Hall. Anaheim. California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M. structural height and (b) maximum fence height to construct a 3-story, 18-unit apartment complex. PLANNING COMMISSION ACTION: Reclassification No. 88-89-26 was approved by the Planning Commission under Resolution No. PC89-25; Variance No. 3884 was granted by the Planning Commission under Resolution No. PC89-26; approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly at the meeting of February 21, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 9, 1989. Posting of property March 10, 1989. Mailing to property owners within 300 feet - March 9, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 30, 1989. APPLICANT'S STATEMENT: George Behlam, 1240 North Vanburen Avenue. The project has been before the Planning Commission two times. He has tried to work hard with the neighbors. They are meeting or exceeding all code requirements. Two waivers are requested - maximum structural height which is compatible with other adjacent properties and fence height which was requested by the next door neighbors and the reason they have been delayed four to six weeks. Councilman Daly. He asked for a review of the decision of the Planning Commission because the site is 6/10 of an acre. The General Plan calls for 18 units to the acre in this area which will allow about 10 units on the site. With RM-1200 zoning, 18 units would be allowed which is unacceptable to him. He believes RM-3000 is more appropriate on this site. He also cannot support the 3-story project when it is adjacent to a single-family single-story neighborhood to the immediate north. Councilwoman Kaywood. When the project next door came in to remove six homes to be replaced with 65 apartments, the owners of the subject property were in favor which she felt at the time was due to the fact that they wanted to do the same thing. She is concerned with changing the zoning from GL to RM-1200. Problems will escalate in the area because of overbuilding which she does not want to proliferate in that area. It would be wise to retain commercial because of the many new residents as a result of the 65 apartments. She is also concerned with tandem parking and 248 City Hall, Anaheim, California - COUNCIL MINUTES March 21, 1989, 5:30 P,M. wanted to know if a new sewer line was being proposed on Dale north of Lincoln. Mr. Behlam explained that they are going to extend the sewer line and would be paying for that improvement. Ail tandem spaces will be designated to a unit. The maximum number of units permitted under RM-1200 is 21 and they are proposing 18. They are not asking for more than the code or for any affordable housing. They are trying to work with the City to do something compatible and complimentary to adjacent properties. There are apartments all around the project. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Jeff Kirsch, 2661 West Palais. He is voicing his support for the two Council Members who want to reverse the tide of congestion in West Anaheim. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution No. 89R-90 and 89R-91) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Daly seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-90 for adoption denying Reclassification No. 88-89-26 and Resolution No. 89R-91 for adoption denying Variance No. 3884. Refer to Resolution Book. RESOLUTION NO. 89R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING RECLASSIFICATION NO. 88-89-26. RESOLUTION NO. 89R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3884. Roll Call Vote: 249 City Hall, Anaheim, California COUNCIL MINUTES - March 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 Nos. 89R-90 and 89R-91 duly passed and adopted. 179: PUBLIC HEARING AMEND CONDITIONS OF APPROVAL, GENERAL PLAN AMENDMENT NO. 250 (PREVIOUSLY APPROVED), RECLASSIFICATION NO, 88-89-33 (RESOLUTION NO, 89R-32), VARIANCE NO, 3894 (RESOLUTION NO. 89R-31) AND NEGATIVE DECLARATION: APPLICANT: OWNERS: City of Anaheim 200 South Anaheim Blvd., Anaheim, CA 92805 AGENT: Robert J. Waller 18800 Delaware St., Suite 1000, Huntington Beach, CA 92648 LOCATION/REQUEST: The property is located at 625 N. Valley Street. The request is to consider deleting conditions of approval for Reclassification No. 88-89-33 (Resolution No. 89R-32), and adding those conditions to Variance No. 3894 (Resolution No. 89R-31). The Reclassification is for a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. Waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage and (d) minimum distance between buildings to construct a 3-story, 176-unit "affordable" apartment complex. PLANNING COMMISSION ACTION: General Plan Amendment No. 250 was approved by the Planning Commission under Resolution No. PC89-16; Reclassification No. 88-89-33 was granted by the Planning Commission under Resolution No. PC89-17; Variance No. 3894 was granted by the Planning Commission under Resolution No. PC89-18; approved Negative Declaration. HEARING SET ON: The City Council approved General Plan Amendment No. 250, Reclassification No. 88-89-33 and Variance No. 3894 at the meeting of February 7, 1989. Annika Santalahti, Zoning Administrator. She explained for the Council that when the matter was heard before the Planning Commission and Council, the Planning Department was not aware of the terms of the potential sale of the property. The sale is subject to the reclassification being finalized prior to actual sale of the property. There are a number of conditions in the reclassification which is the standard method involving dedication and other similar fee payments. The Redevelopment Department has asked that all the reclassification conditions be moved to the variance basically to be satisfied prior to the issuance of a building permit. It would involve amending the reclassification to have no 25O City Hall, Anaheim, California COUNCIL MINUTES - March 21, 1989, 5:30 P.M. conditions and amending the variance to include 8 of the 9 conditions, No. 9 being introduction of an ordinance, renumbertng the conditions in the variance and tying it down to the proper time. The Planning Department has no problem with the proposal. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution Nos. 89R-92 and 89R-93) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-92 for adoption, amending conditions of approval for Reclassification No. 88-89-33 and Resolution No. 89R-93 for adoption, amending conditions of approval for Variance No. 3894. Refer to Resolution Book. RESOLUTION NO, 89R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING DELETION OF CONDITIONS OF APPROVAL IN RECLASSIFICATION PROCEEDINGS NO. 88-89-33 AND AMENDING RESOLUTION NO. 89R-32. RESOLUTION NO, 89R-93; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE NO. 3894 AND AMENDING RESOLUTION NO. 89R-31. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-92 and 89R-93 duly passed and adopted. 251 Hall. Anaheim, California - COUNCIL MINUTES - March 21. 1989, 5;30 P.M. Councilwoman Kaywood offered Ordinance No. 5006 for first reading, amending Title 18 to rezone property under Reclassification No. 88-89-33 located at 625 North Valley Street from the RS-A-43,000 zone to the RM-1200 zone. pRDINANCE NO. 5006: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ~05: APPOINTMENTS TO THE QQMMUNITY REDEVELOPMEN~ GO, MISSION: Appointment from the list of candidates to fill the unscheduled vacancies on the Community Redevelopment Commission left by Robert Dory (term ending June 30, 1991) and Earl Rhoads (term ending June 30, 1991). MOTION: Councilman Daly moved to continue the subject appointments to Tuesday, April 4, 1989. Councilman Hunter seconded the motion. MOTION CARRIED. 105: APPOINTMENTS TO THE PLANNING COMMISSION: Appointments from the list of candidates to fill the unscheduled vacancies on the Planning Commission (Lewis Herbst, June 30, 1990 and Chuck McBurney, June 30, 1990). Councilman Daly. A few weeks ago, (see minutes of February 21, 1989) he voted to dismiss two persons from the Planning Commission before their terms of service expired. He has felt a sense of frustration and impatience with the state of the City's planning and lack of progress in many areas of concern to the City's citizens. His impatience for change and strong desire for improvement got the better of him and his vote was a result of that impatience. He made a hasty decision. Me realizes now it was the wrong decision. Mr. Herbst and Mr. McBurney have served the citizens of Anaheim as Planning Commissioners for many years and have served with dignity. By hard work and dedication they have earned the respect of the community and his as well. He owes them the dignity and respect they deserve. He has discussed the matter with both Mr. Herbst and McBurney and at his request, they are both prepared to rejoin the Planning Commission. Councilman Daly thereupon moved that Lew Herbst and Chuck McBurney be reappointed to the City Planning Commission to complete their terms of service expiring June 30, 1990. Councilwoman Kaywood seconded the motion with great pleasure. MOTION CARRIED UNANIMOUSLY. 153: APPOINTMENT TO THE ANAHEIM PRIVATE INDUSTRy COUNCIL: Councilwoman Kaywood moved to appoint Mr. William Taormtna to the Anaheim Private Industry Council to fill the Economic Development category to a term to be determined by lot after appointment, and according to the regulations of the Job Training Partnership Act, as recommended in memorandum dated March 16, 1989 from Marge Prtchard, Job Training Program Manager. Councilman Pickler seconded the motion. MOTION CARRIED. 179: ITEMS Bi - Bll FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 27, %989 - INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 2~, 1989: 252 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P.M, BI, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO, 3075 AND NEGATIVE DECLA~RATION: OWNER: EXXON CORPORATION, 1200 Smith Street, Houston, Texas 77210 AGENT: TAIT AND ASSOCIATES, INC., 800 N. Eckhoff St., Orange, CA 92613 ~OGATION; 1198 S. State College Blvd. To permit a convenience market with gasoline sales, fast food sales and off-sale of beer and wine with waiver of permitted enclosed retail sales area. CUP NO. 3075 Terminated without prejudice by the Planning Commission. B2, VARIANCE NO, 3896, CATEGORICALLY EXEMPT, CLASS-ii: OWNERS: CHEN-CHIA CHEN AND ITEN-MO HSIAO, 465 Bridgeview Drive, Anaheim, CA 92807 AGENT: HUI-AN HSIAO, 465 Brtdgeview Drive, Anaheim, CA 92807 LOCATION: 465 Bridgeview Drive To waive permitted roof-mounted equipment to retain an existing roof-mounted satellite dish Variance No. 3896 GRANTED for a ground-mounted dish in accordance with revised plans, by the Planning Commission, PC89-54. B3. RECLASSIFICATION NO, 88-89-35 VARIANCE NO. 3898 AND NEGATIVE DECLARATION: OWNERS: MELODEE ANN SWALLOW AND GLADYS F. SWALLOW, 644 South Webster Street, Anaheim, CA 92804 AGENT: CENTURY WEST DEVELOPMENT, Attn: Robert F. Torres, 8141 Kaiser Boulevard, #207, Anaheim, CA 92808 LOCATION; 644 South Webster Avenue For a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. To construct a 3-story, 20-unit apartment complex with waiver of maximum structural height. Reclassification No. 88-89-35 GRANTED by the Planning Commission, PC89-55. Variance No. 3898 GRANTED by the Planning Commission, PC89-56. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Daly and Hunter and, therefore, a public hearing will be scheduled at a later date. B4. CONDITIONAL USE PERMIT NO. 3121. CATEGORICALLY EXEMPT, GLASSES 2 AND 11: AGENT: WALT DISNEY PRODUCTIONS, ATTN: EDWARD M. PRIBONIC, 1313 South Harbor Boulevard, Anaheim, CA 92803 LOCATION: 1313 South Harbor Boulevard (D~sneyland) To replace the existing marquee sign located at the main entrance to Disneyland. (CR Zoning.) , 253 City Hall, Anaheim, California COUNCIL MINUTES - March 21, 1989, 5;30 P.M. CUP NO. 3121 GRANTED by the Planning Commission, PC89-57. B5. GENERAL PlAN AMENDMENT NO. 253. RECLASSIFICATION NO, 88-89-45, VARIANCE NO. 3913 AND NEGATIVE DECLARATION: OWNERS: HOUSEHOLD BANK, 4301 MacArthur Boulevard, Newport Beach, CA 92660 EBRAHIM A. KADWAAND SALMA E. KADWA, 544 N. Fairhaven, Anaheim, CA 92804 AGENT: CENTURY WEST DEVELOPMENT, ATTN: BOB TORRES, 8141 Kaiser Boulevard, Suite 207, Anaheim, CA 92808 LOCATION; 530-544 North Fairhaven Street For a change in zone from RS-7200 to RM-1200, and CO to RM-1200. Petitioner requests amendment to the Land Use Element of the General Plan proposing a redesignation from the current Low Density Residential designation to the Medium Density Residential designation with waiver of maximum structural hei§ht to construct a 2-story, 19-unit, apartment complex. Withdrawn by the applicant following public hearing. B6. ENVIRONMENTAL IMPACT REPORT NO, 283 (PREVIOUSLY CERTIFIED), GENERAL PLAN AMENDMENT NO, 249, SYCAMORE CANYON SPECIFIC PLAN (SP88-1) AMENDMENT NO, ] (INCLUDING A PUBLIC FACILITIES PLAN), SYCAMORE CANYON SPECIFIC PLAN DEVELOPMENT AREA 10 ZONING AND DEVELOPMENT STANDARDS - DEVELOPMENT AGREEMENT NO. 88-01 CAMENDMENT NO, 1) OWNER: WOODCREST DEVELOPMENT, ATTN: JAMES HIGHLAND, 17911 Mitchell Avenue, Irvine, CA 92714 AGENT: FRANK ELFEND, ELFEND AND ASSOCIATES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LOCATION: Subject property, which is described as the 328,9-acre Sycamore Canyon Specific Plan (SP88-1) development area, is located southeast of the southerly terminus of Weir Canyon Road and southwest of Santa Aha Canyon Road, and is bounded on the northwest by the East Hills Planned Community, on the southeast by The S,~mmtt of Anaheim Hills Specific Plan development, and on the southwest by The Highlands at Anaheim Mills Specific Plan development. Subject request is for approval of General Plan Amendment No. 249 to redesignate the 19-acre Sycamore Canyon School site to a Hillside Low Density Residential land use and Amendment No. 1 to the Sycamore Canyon Specific Plan (SP88-1), including the Zoning and Development Standards and the Public Facilities Plan Section, and an Amended and Restated Development Agreement No. 88-01 between the City of Anaheim and Woodcrest Development, to create a new Development Area 10 to provide for the development of 61 additional single-family units thereby increasing the total number of dwelling units within Sycamore Canyon from 1,119 to 1,180. GPA NO. 249 APPROVED by the Planning Commission, PC89-58. Specific Plan No. 88-1, Amendment No. 1, APPROVED by the Planning Commission, PC89-59. Zoning and Development Standards APPROVED by the Planning Commission, PC89-60. 254 City Hall. Anaheim. California - COUNCIL MINUTES - March 21, 1989, 5;30 P.M, Development Agreement No. 88-01 APPROVED by the Planning Commission, PC89-61. EIR NO. 283 (previously certified) APPROVED by the Planning Commission. Council review of the above items requested by the Planning Commission. Public hearing is scheduled for April 11, 1989 at 3:00 p.m. BT. SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT NO, 281 (PREVIOUSLY CERTIFIED) REOUEST TO AMEND SECTION 18.72.020,090 OF THE ANAHEIM MUNICIPAL CODE (TITLE 18 ZONING) PERTAINING TO THE SUMMIT OF ANAHEIM HI!J.g SPECIFIC PLAN (SP88-2) ZONING AND DEVELOPMENT STANDARD DEFINITION OF "LOTS"; OWNERS: THE BALDWIN BUILDING CO., ATTN: DIANA HOARD, 16811 Hale Avenue, Irvine, CA 92714 LOCATION; The 591-acre Summit of Anaheim Hills Specific Plan (SP88-2) Dro3ect area is located approximately 1,1 miles southeast of the Weir Canyon Road/Riverside Freeway intersection and is bounded on the north by the Sycamore Canyon Specific Plan development, on the west by The Highlands at Anaheim Hills Specific Plan development, and on the south and east by unincorporated Irvtne Company property within the County of Orange, To amend The Summit of Anaheim Hills Specific Plan (SP88-2) zoning and development standard definition of "lots" in order to permit residential lots to front on private streets within the Summit of Anaheim Hills Development Areas 101, 201, 202 and 205. Request to amend section 18.72.020.090 of the Anaheim Municipal Code pertaining to the Summit of Anaheim Hills Specific Plan (SP88-2) Zoning and Development Standard Definition of "Lots" APPROVED by the Planning Commission, PC89-63. Supplement to EIR No. 281 (previously certified) APPROVED by the Planning Commission. Council review of the above items requested by the Planning Commission. Public Hearing is scheduled for April 11, 1989 at 3:00 p.m. B8. VARIANCE NO, 3911 AND NEGATIVE DECLARATION; OWNERS: JACK NOSEK ET AL, 1206 W. Ash Avenue, Fullerton, CA 92633 AGENT: THOMAS MAURER AFA & ASSOCIATES, 150 E1 Camino Real, Suite 200, Tustin, CA 92680 LOCATION; 806 West Romneya Waiver of maximum structural height to construct a 9-unit, 3-story, apartment complex. Variance No. 3911 GRANTED by the Planning Commission, PC89-64. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Daly and Hunter and, therefore, a public hearing will be scheduled at a later date. 255 City Hall, Anaheim, California COUNCIL MINUTES - March 21, 1989, 5;30 Bg. RECLASSIFICATION NO. 88-89-44. VARIANCE NO. 3912 AND NEGATIVE DECLARATIOM: OWNERS: VICTOR M. VAZQUEZ AND TERRY H. R. VAZQUEZ, 2240 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 217 and 223 North Coffman Street For a change in zone from RS-7200 to RM-3000; to construct a 2-story, 8-unit, condominium complex with waiver of maximum fence height. Reclassification No. 88-89-44 GRANTED by the Planning Commission, PC89-65. Variance No. 3912 GRANTED by the Planning Commission, PG89-66. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Daly and Kaywood and, therefore, a public hearing will be scheduled at a later date. BI0. RECLASSIFICATION NO, 88-89-40, CONDITIONAL USE PERMIT NO, 3026 AND NEGATIVE DECLARATION: OWNERS: ELVEE, INC., 200 W. Midway Dr., Anaheim, CA 92805 AGENT: PAUL BOSTWICK, 200 W. Midway Dr., Anaheim, CA 92805 LOCATION; 200 W, Midway Drive (Midway Trailer Park) For a change in zone from RS-7200 (MHP) to RS-A-43,000 (MHP), to expand an existing mobile home/trailer park. Reclassification No. 88-89-40 GRANTED by the Planning Commission, PC89-67. CUP NO. 3026 GRANTED by the Planning Commission, PC89-68. Approved Negative Declaration. Bll. CONDITIONAL USE PERMIT NO, 3120 AND NEGATIVE DECLARATION: OWNERS: CARL KARCHER ENTERPRISES, INC., 1200 N. Harbor Boulevard, Anaheim, CA 92803 AGENT: EARL C. MC BURNEY, 1200 N. Harbor Boulevard, Anaheim, CA 92803 LOCATION; 3110 East La Palma Avenue (Carl's Jr, Restaurant) To expand a drive-through restaurant and add a 256 square foot solarium. CUP NO. 3120 GRANTED by the Planning Commission, PG89-69. Approved Negative Declaration. 170: ITEM B12 FROM THE PLANNING COMMISSION MEETING OF MARCH 13, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 23. ~989; B12. TENTATIVE TRACT NO. 13924 AND NEGATIVE DECLARATION: OWNERS: DARRELL PHILLIPS AND BARBARA PHILLIPS, DENNIS STANROD AND JOYCE ANN STANROD, STEPHAN SHIRLEY AND VIVIAN SHIRLEY, 1591 W. Technar, Anaheim, CA 92802 LOCATION; 1811, 1817 and 1821 Cypress Stree~ To establish a 1-lot, ll-unit, condominium subdivision. Tentative Tract No. 13924 APPROVED by the Planning Commission. 256 City Hall. Anaheim. California - COUNCIL MINUTES - March 21, 1989, 5;30 P.M. No action taken by Council. End of the Planning Commission Items. 179: ITEMS B13 DECISION DATE: MARCH 31, 1989; B18 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 9, 1989 MARCH 16. 1989 - INFORMATION ONLY - ~pPEAL PERIOD ENDS B13. VARIANCE NO. 3914. CATEGORICALLY EXEMPT, CLASS-l: OWNER: TING F. HSIAO, 328 N. Beach Blvd., Anaheim, CA 92801 LOCATION: 310 North Philadelphia street Waiver of maximum structural height to convert a third level attic space into a habitable area. Variance No. 3914 DENIED by the Zoning Administrator, ZA89-11. B14. VARIANCE NO 3915, CATEGORICALLY EXEMPT, CLASS-5: OWNER: PENNY L. BECK, 3161 Westhaven Drive, Anaheim, CA 92804 LOCATION; 3161 Westhaven Drive Waivers of (a) maximum site coverage and (b) maximum number of bedrooms to expand an existing single family residence. Variance No. 3915 APPROVED by the Zoning Administrator, ZA89-12. B15. VARIANCE NO, 3916 AND NEGATIVE DECLARATION: OWNER: INVESTOR REALTY COMPANY, 500 Newport Center Drive, Newport Beach, CA 92660 LOCATION; 1711-1731 West Katella Avenue Waiver of minimum number of parking spaces to establish a maximum of 8,938 square feet for fast food use within an existing retail center. Variance No. 3916 Withdrawn. B16, VARIANCE NO. 3917, CATEGORICALLY EXEMPT, CLASS-5: OWNER: ANAHEIM REDEVELOPMENT AGENCY, 300 South Harbor Blvd., Anaheim, CA 92805 LOCATION: 302 East Cypress Street Waiver of minimum sideyard setback to move a single family house onto an existing lot. Variance No. 3917 Withdrawn. B17. ADMINISTRATIVE ADJUSTMENT NO, 0025 AND CATEGORICAL EXEMPTION CLASS 5; LOCATION; 230 South Euclid Street To establish a medical office office in an existing office building with waiver of minimum number of parking spaces. Administrative Adjustment No. 0025 APPROVED, WITH STIPULATION, by the Zoning Administrator, ZA89-13. 257 City Hall. Anaheim. CalSfornla - COUNCIL MINUTES - March 21, 1989, 5;30 P,M. B18. ADMINISTRATIVE ADJUSTMENT 0029 AND CEOA CATEGORICAL EXEMPTION CLASS 5; LOCATION: 1839 South Janette Lane To construct a room addition to an existing single family residence with waiver of minimum sideyard setback. Administrative Adjustment No. 0029 APPROVED by the Zoning Administrator, ZA89-14. End of the Zoning Administrator items. B19, VARIANCE NO. 3746 - EXTENSION OF TIME: REQUESTED BY: FAROUK J. KUBBA, DIVERSIFIED PROJECTS, INCORPORATED, 23201 Lake Center Drive, Suite 200, E1 Toro, CA 92630 LOCATION: 1925 West Lincoln Avenue Petitioner requests a one year extension of time for Variance No. 3746 to expire April 5, 1990. Variance No. 3746 is for waivers of (a) maximum fence height, (b) minlmumbuildtng site area per dwelling unit, (c) maximum structural height, and (d) minimum distance between buildings. MOTION; Councilwoman Kaywood moved to approve the requested extension of time on Variance No. 3746, to expire April 5, 1990. Councilman Daly seconded the motion. MOTION CARRIED. 179/142; ORDINANCE NOS, 5003 AND 5004 - ADOPTION; Councilman Pickler offered Ordinance Nos. 5003 and 5004 for adoption, (1) amending the conditions of approval set forth in Ordinance No. 4861 relating to Specific Plan 87-1 Zoning The Highlands and (2) amending Subsection .020 of Section 18.71.060 of Chapter 18.71 of Title 18 of the Anaheim Municipal Code relating to zoning (SP88-1) Sycamore Canyon. Refer to Ordinance Book. WAIVER OF READING - ORDINANCES; The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5003 and 5004) Councilman Daly moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. ORDINANCE NO. 5003; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE NO. 4861 RELATING TO SPECIFIC PLAN 87-1 ZONING. ORDINANCE NO, 5004; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.71.060 OF CHAPTER 18.71 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SP88-1). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None 258 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P.M. The Mayor declared Ordinance Nos. 5003 and 5004 duly passed and adopted. ~79; ORDINANCE NOS. 5007 AND 5008 - INTRODUCTION: Councilman Ehrle offered Ordinance 5007 and 5008 for first reading. ORDINANCE NO. 5007: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .614 OF SECTION 18.61.050.600 O CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Churches as conditional uses in the Canyon Industrial area) ORDINANCE NO. 5008: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 87-88-24 located at 1925 West Lincoln Avenue from the CL zone to the RM-1200 zone) ITEMS OF PUBLIC INTEREST: Mo Hanna, Newport Pacific Realty. He referred to Tentative Tract No. 13744 which came before the Council on an informational consent calendar at the meeting of March 7, 1989 with a recommendation from the Planning Commission that it be referred to the City Council recommending that a policy be established regarding the requested amendment of conditions of approval pertaining to the recordation of the final tract map. Specifically they want to pull building permits on the complex before recording the tract map for reasons presented to the Planning Commission. However, no action was taken by the Council. They have completed all the conditions required of them as well as the building requirements. Their concern is the present back log at the County for recording final maps. Once before the Council approved such an amendment as they are requesting. The County is stopping them from going any further at this point and they need assistance. Annika Santalahtt, Zoning Administrator. At the Council meeting of April 4, 1989 the Council will be considering this same subject for another project including a discussion by the City Attorney regarding what he is going to recommend. Staff is recommending against any changes such as those being proposed which would potentially be opening the door. Council will be receiving a report discussing the legal ramifications and concerns staff has at the meeting of April 4, 1989. She explained it is the situation where there is a condominium approval and the developer is pulling building permits for a condominiumbut the tract is not recorded and they would like to get permits as an apartment and record prior to final occupancy inspection. City Attorney White. As stated Council will be receiving recommendations at the April 4, 1989 meeting and the recommendation from staff will be that the procedure not be changed and that the present procedure of requiring recordation of the map prior to issuance of the building permits be retained. The reasons will be outlined in the report. Mr. Mo Hanna stated that the project that will come before the Council on April 4, 1989 is different in that not all the conditions of approval have been met whereas he is at a stage more critical. They do not want to consider apartments. 259 City Hall. Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P.M. No action was taken by the Council. 114/105: COMPENSATION - CITY BOARDS AND COMMISSIONS; Councilman Ehrle. He has talked to various Commissioners, specifically Planning and Redevelopment Commission, the only two City Boards and Commissions compensated for meetings. He is recommending an evaluation of compensation to those Board Members who serve the community which perhaps could be accomplished through the Charter Review Committee. He clarified that his suggestion has nothing to do with providing salaries but equitable compensation for members of Boards and Commissions. It was determined 14 years ago that Planning Commissioners would be compensated $50 per meeting and that is still the present amount. Redevelopment Commissioners could be compensated up to $50 but are presently being compensated $25 per meeting. He feels the Council should be supplied with a report from the City Clerk and City Manager and an evaluation by the Charter Review Committee to consider the matter and recommend what they feel is just compensation. Councilman Daly asked if Councilman Ehrle's intention is to have that Committee look at the issue of compensation for City Boards and Commissions separate from their duties of reviewing the City Charter; Councilman Ehrle answered yes, that it is to be considered as a totally separate issue. Later in the meeting after a Council discussion on another issue relating to the City Charter, City Manager Simpson referred to Councilman Ehrle's request relative to compensation for Boards and Commissions but noted that there is also one Council Member opposing opening up that issue, and staff would like to have specific direction on the matter. Councilman Daly. He feels that the request is outside of the Charter Review process and that Committee should not be used to delve into another issue. Councilman Ehrle. The Committee could review the matter in one or two sessions to determine what compensation should be or if some Boards and Commissions should be compensated and others not, etc. Perhaps they could determine what other cities do as well. It would be utilizing the Committee to the maximum; Councilman Hunter was in agreement. Councilman Pickler suggested that the Council first have an opportunity to think about Councilman Ehrle's recommendation. Councilman Hunter thereupon recommended that the matter be tabled. It was determined by a general Council consensus that the matter of compensation for City Boards and Commissions be tabled. 142/114; DIRECTION TO CHARTER REVIEW COMMITTEE; Councilwoman Kaywood. She would like to have the Charter Review Committee consider having the Mayor's seat as a rotating position with each Council Member having the opportunity to sit as Mayor. It would eliminate divisiveness on the Council and eliminate the need for candidates to spend huge amounts campaigning for the seat, upwards of $380,000. She would also be opposed to having compensation for Board and Commission members. Her experience is that those who serve do so as 260 City Hall, Anaheim, California COUNCIL MINUTES - March 21, 1989, 5;30 P.M. a public service and generally do a better job. The Planning Commission must have the $50 they are compensated which probably just pays for expenses as well as the $25 for Redevelopment Commissioners. Those should remain. The bulk of cities do not pay those who serve on Boards and Commissions. Councilman Daly. With regard to Councilwoman Kaywood's comments regarding the way the Mayor is elected, he asked the City Attorney and City Clerk, since they have both been attending Charter Review Committee meetings if the issue was on their agenda. How the Mayor is elected is provided for in the Charter and the Committee is supposed to review the entire Charter. He asked if they felt there is need for direction on items such as this or is it the understanding they should look at the whole Charter and make recommendations as to what they think should be changed. City Attorney White. The Charter Review Committee has only met once thus far which was an introductory meeting. The next meeting is scheduled for April 12, 1989. He is going to give an overview of the Charter process and explain what the City's Charter is, how it is divided into sections to be followed by questions. It is basically open-ended how they want to structure going through the Charter. They have not made a decision about how they intend to review it. If the Council has specific items they want to channel the Committee toward, the Council would have to do that. Otherwise, the Committee is going to take the original direction from the Council which was the Council wanted them to have carte blanche and come back with whatever they felt like without any direction. That was one of the first questions asked by the Committee - is the Council going to give direction. Staff's impression was the Council wanted them to be unencumbered so they would not have any flavor of the Council's inclination. Mayor Hunter stated he feels the Council should stay out of the deliberations of the Committee; Councilman Daly recalled the only direction they gave the Committee was a time frame; Councilman Pickler felt the Council should not give the Committee any direction but they should know that the Council has concerns that have been ongoing and let them know of those concerns. Councilman Daly. Sooner or later the subject review will be back on the Council's table regardless of what issues they consider. At that time, they can make any recommendations they feel needs changing. Councilwoman Kaywood. Ten years ago they did that. The Committee had the entire Charter open to them to do as they pleased. The Council gave them four or five different issues to look at. The Committee did not feel pressured in any way to give an answer. She does not see any problem with that. She feels they have a Review Committee for that reason and there is no problem with having the Council suggest certain things. 114/148: NATIONAL LEAGUE OF CITIES, WASHINGTON, D.C. - MARCH 11 THROUGH MARCH 14, 1989: Councilman Pickler gave a brief report on the subject meeting attended by three Council Members reporting on several of the meetings attended with the City's representatives in Washington, which he feels will result in positive outcome for the City of Anaheim. 261 City Hall, Anaheim, California - COUNCIL MINUTES - March 21, 1989, 5;30 P,M, RECESS; Councilman Hunter moved to again recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (10:17 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (11:29 p.m.) ADJOURNMENT; Councilman Hunter moved to adjourn to Tuesday, April 4, 1989, noting that no Council meeting is scheduled for Tuesday, March 28, 1989. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:30 p.m. ) LEONORA N. SOHL, CITY CLERK 262