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1989/11/14City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl FINANCE DIRECTOR: George Ferrone DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:50 p.m. on November 9, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. 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 meet with its negotiator regarding possible acquisition of land from the Phoenix Club located at 1566 Douglass Road, Anaheim, California. f. 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: Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:48 p.m.) INVOCATION; Bishop Jay Bradford, 10th Ward of Church of Jesus Christ Latter Day Saints, gave the invocation. 1028 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1989, 5:30 P.M. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - KURT TIEDKE: Mayor Pro Tem Miriam Kaywood presented Kurt Tiedke with a certificate commending him for his two years of excellent service on the Youth Commission, where he also served as Chairman. Mayor Hunter and Council Members also thanked Kurt for his services. PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Bible Week in Anaheim, November 19-24, 1989, Family Week in Anaheim, November 20-26, 1989, Designating the remaining holiday months of 1989 as Buckle-up for Life Challenge, Hospice Week in Anaheim, November 14-21, 1989. W. Kent Weathers accepted the Family Week proclamation and Pastor Harry Stief and Mary Andrews, Program Coordinator, accepted the Hospice Week proclamation. 119: DECLARATION OF CONGRATULATIONS; A Declaration of Congratulations was unanimously adopted by the City Council to be presented to Kaiser Permanente Hospital congratulating and commending the Hospital on its 10th anniversary in Anaheim, during which they have provided quality care to those they have served. 119: DECLARATION OF WELCOME; A Declaration of Welcome was unanimously adopted by the City Council welcoming visitors from Anaheim's Sister City, Mito, Japan. The 38-member delegation was present in the Chamber audience. Among the visitors were many high-ranking City officials including City Councilmen and also the Deputy Mayor. Mayor Hunter read the Declaration of Welcome and also expressed on behalf of the Council and the City how pleased Anaheim was once again to have a Mito delegation visiting the City. Mito City Council/Chairman, Tatsuzo Fukushima, speaking through Interpreter, Cheiko Duty, expressed their appreciation for the Declaration. Their delegation this time is made up of a cross section of citizens of Mtto so that all can share in the cultural exchange. He extended the delegation's greeting to the Mayor, Council and citizens. They are happy to be in Anaheim. Council Members then personally greeted and welcomed each of the members of the delegation; Mayor Hunter also thanked and commended those who have been involved in the Sister City program and the activities planned during the stay of the Mito delegation. 119: PRESENTATION - CENTRAL CITY NEIGHBORHOOD - CLEAN UP AND ALLEY REVITALIZATION: Joel Fick, Planning Director and John Poole, Code Enforcement Manager, then presented a video which depicted the activities that took place during the week that the subject program was in operation. Mr. Fick explained 1029 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. that the video was put together by the Code Enforcement Manager and staff - entitled "City of Anaheim Alley Revitalization" (produced and directed by Richard La Rochelle, Code Enforcement Supervisor, and Carolyn Griebe, Public Information Specialist. The program was a huge success. The City Council this year appropriated $50,000 toward clean up and revitalization of the Central City Neighborhoods. Through a great number of volunteers and hard work by various City staff and the public, only $21,000 was actually expended on the program. Over one million pounds of trash was removed, trees trimmed, portions of alleys repaved, all through the cooperative efforts of the City neighborhoods and the public working together. After the video was shown, Mayor Hunter commended all those involved in the program. It was a tremendous staff and community effort resulting in extremely positive results. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,598,180.94, in accordance with the 1989-90 Budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCES; The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 89R-430 and 89R-431 for adoption; Ordinance Nos. 5074 through 5076, both inclusive, for adoption; and Ordinance No. 5081 for introduction) Councilman Pickler moved to waive the reading in full of the resolutions and ordinances. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Pickler offered Resolution Nos. 89R-430 and 89R-431 for adoption; Ordinance Nos. 5074 through 5076, both inclusive, for adoption; and Ordinance No. 5081 for introduction. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted Susan Jeter Bergman for bodily injury sustained purportedly due to actions of the City on or about April 5, 1989. b. Claim submitted by Clyde Lowe for property damage sustained purportedly due to actions of the City on or about September 28, 1989. c. Claim submitted by Fonda Reed for bodily injury sustained purportedly due to actions of the City on or about 3une 24, 1989. 1030 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. Application for Leave to present Late Claim - Denied: d. Claim submitted by Robert Duran for bodily injury sustained purportedly due to actions of the City on or about January 14, 1989. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held October 18, 1989. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of September, 1989. A3. 175: Awarding the contract to the lowest and best responsible bidder, Valverde Construction, Inc., in the amount of $113,605 for Construction of 1989/90 Watermain Improvements - City Wide. A4. 135: Awarding the contract to the lowest and best responsible bidder, Modern Asphalt, Inc., in the amount of $71,169.30 for Parking Lot and Traffic Signal Modifications at Dad Miller Golf Course. A5. 175: Awarding the contract to the lowest and best responsible bidder, Valverde Construction, Inc., in the amount of $163,542 for the Construction of 16" Brookhurst Watermain Replacement from Harriet Lane to Ball Road. A6, 149/142: ORDINANCE NO, 5081 - 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. A7. 123: Approving a Cooperative Agreement with Orange County Sanitation Districts pertaining to improvement projects scheduled for the same area of Euclid Street between the North City Limits and La Palma Avenue, and authorizing the Mayor and City Clerk to execute the agreement. AS. 160: Accepting the low bid of Tank Protect Engineering, in an amount not to exceed $67,000 for removing and replacing underground fuel tanks and treating or disposing of contaminated soil at Fire Headquarters and Net 4 Training, in accordance with Bid #4742. A9. 160: Accepting the request of Villa Ford, to correct bid total from $20,140 to $40,280 plus options, and accepting the bid of Villa Ford, in the amount of $44,283.62 for four compact/mini trucks with added options for super cabs on three units, in accordance with Bid #4752. Al0. 160: Accepting the iow bid of Villa Ford, in the amount of $27,501.70 for two 3/4-ton standard pick-up trucks for Parkway Maintenance and Fleet Maintenance, in accordance with Bid #4753. Ail. 160: Accepting the low bid of Villa Ford, in the amount of $47,248.44 for three 3/4-ton standard dumped trucks, to be assigned to Parkway Maintenance, in accordance with Bid #4754. 1031 City Hall, Anaheim, California - COUNCIL MINUTES November 14, 1989, 5:30 P.M. Al2. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to National Electric Coil, in an amount not to exceed $125,600 without the sealed bid process or advertising, for the repair of one 30/40 MVA transformer located at the Sharp Substation. Al3. 123/160: Accepting the bid of Pacific Equipment and Irrigation, Inc., and authorizing the execution of a contract for furnishing rental turf equipment to the Parks Division in an amount not to exceed $15,207.55 per month for a period of sixty months beginning January 1, 1990, in accordance with Bid #4724. Al4. 123/160: Waiving Council Policy 306 and approving an agreement without competitive bidding or advertising to Pacific Equipment and Irrigation, Inc., in the amount of $3,528.61 per month for the rental of three Toro 580D wide area mowers for a period of sixty months beginning January 1, 1990. City Manager Bob Simpson clarified the figures presented relative to Bid No. 4724 regarding Rental Turf Equipment as well as the agreement for the rental of Wide Area Mowers. Al5. 123: Approving a First Amendment to Agreement with Donald S. Grayson, Ph.D., increasing the maximum contract limit to $100,000 from $25,000 for consultant services to conduct psychological evaluation of candidates for executive positions, intervention and counseling and organizational development work; and authorizing the City Manager to sign said amendment. Al6. 123: Approving agreements with Mini-Systems Associates, NADEK Computer Systems, Inc., and Businessland, Inc., to provide telecommunications/networking consulting services for the City. Al7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising to FLIR System, in the amount of $113,401.98 for one Series 2000 Forward Looking Infrared Receiver (FLIR) system for the Police helicopter. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising to Air Comm Systems, in the amount of $74,606 for wiring, installation, and fitting of Forward Looking Infrared Receiving (FLIR) Systems and communication equipment in the Police helicopter. 106/156: Amending the Resource Allocation Plan to increase expenditure appropriation in account 04-190-7121 (Police Forfeiture Fund) in the amount of $120,401.98. (This item was continued from the meeting of November 7, 1989, Item Al6.) Al8, 101; RESOLUTION NO, 89R-430; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING THE SALE OF CERTIFICATES OF PARTICIPATION TO BE EXECUTED AND DELIVERED IN CONNECTION WITH THE FINANCING OF THE ACQUISITION OF CERTAIN REAL PROPERTY. (Arena Land Acquisition Financing - Taxable Issue.) 1032 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. Al9. 101: RESOLUTION NO. 89R-431~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING THE SALE OF CERTIFICATES OF PARTICIPATION TO BE EXECUTED AND DELIVERED IN CONNECTION WITH THE FINANCING OF CERTAIN CAPITAL IMPROVEMENTS. (Capital Improvement Project Financing - Tax-Exempt Issue.) Finance Director, George Ferrone. This morning 12 competitive bids were opened on the foregoing two issues $18.7 million for the Arena Land Acquisition and $8.2 million for the Capital Improvement Financing Project. He then introduced the City's Financial Advisor to give the results. John Fitzgerald, Managing Director, Seidler Fitzgerald. On the $18,735,000 issue, to his knowledge it is an historic first selling a taxable municipal bond issue in California via competitive bidding. Five bids were received, the lowest from Merrill Lynch Capital Markets at 9.16% which was 1 1/4 points above the 30-year treasury rate which is a taxable rate. He recommended that the Council accept the bid of Merrill Lynch Capital Markets. On the tax exempt issue of $8,250,000, 7 bids were received, the most competitive he has ever seen on a tax exempt issue. The lowest bid, again, was submitted by Merrill Lynch Capital Markets at 7.0603%. The bids were 39 basis points below the index. Because of these excellent interest rates, the City is saving approximately $270,000 more in interest savings than anticipated when the issues were put together. He again recommended that the award go to Merrill Lynch Capital Markets. A20. 149/179: ORDINANCE NO, 5074 - ADOPTION; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO VEHICLE PARKING AND LOADING REQUIREMENTS. A21. 166/142: ORDINANCE NO, 5075 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 4.04.130 OF CHAPTER 4.04 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNS. Councilman Daly abstained from voting on Ordinance No. 5075. A22. 107/142: ORDINANCE NO. 5076 ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 15.07 TO THE ANAHEIM MUNICIPAL CODE TO ESTABLISH STANDARDS AND PROCEDURES FOR EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. A23. 123: This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar.) A24. 134/155: Approving the 1989 Housing Strategy; receive and review the Draft Housing Element to be acted upon separately as General Plan Amendment No. 260. Roll Call Vote on Resolution Nos. 89R-430 and 89R-431: 1033 City Hall, Anaheim, California COUNCIL MINUTES November 14, 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-430 and 89R-431 duly passed and adopted. Roll Call Vote on Ordinance Nos. 5074 and 5076: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance Nos. 5074 and 5076, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5075: AYES: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Daly ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5075 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A23. 123: EXECUTIVE SEARCH SERVICES - CITY MANAGER RECRUITMENT: Approving an agreement with Ralph Andersen and Associates for executive search services in conjunction with City Manager recruitment.. Submitted was report dated November 14, 1989 from the Human Resource~ Director, recommending approval of the subject agreement. Mayor Fred Hunter. He removed the item from the Consent Calendar for discussion. He does not believe the Council, including himself has been forthright with ~he public on this issue. He would like to see City Manager Simpson reconsider his decision to retire from the City and would like the matter placed on the Council agenda of November 28, 1989 in order to receive input. He would also like to see whether or not the Council would reconsider some of the actions that have taken place in the last six months. In his opinion, it would better solidify the City between the City employees, City business, the Council, the public and the Neighborhood Associations. There are many things taking place in the City at present - the Super Maglev Train, Arena, prospective Pac Bell-Koll Project, Lincoln Properties, major projects in the eastern portion of the City and major projects on the horizon in the Disneyland area. He does not see, like President Bush, why they should switch horses in midstream. He would like to see Mr. Simpson stay on as City Manager another one to two years until all these projects come to fruition. He reiterated he would like Mr. Simpson to reconsider his position, and that the issue of reconsideration be placed on the Council meeting agenda of November 28, 1989 for discussion and public input. He wants to have the matter discussed out in the open. He feels it will heal some wounds and better run 1034 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. the City. The City is an extension of a family unit. Working together as a unit they can achieve all of their goals in the City. Councilman Hunter moved to table the subject item to November 28, 1989 at which time a discussion and input from the public will take place on reconsideration of Bob Simpson as City Manager. Councilman Ehrle. He has no problem seconding the motion. Bob Simpson has done a tremendous job in the past two years. He feels there has been some miscommunication over the events of Mr. Stmpson's desire or intent to move on. He, too, would like to see a reconsideration. He has heard from a number of members of the community - the Chamber of Commerce, residents, etc., questioning what is going on. Perhaps the only way to know is to have a public hearing. He believes it is a personnel matter but in this instance it is more than that because of the tone and manner in which the situation developed. Councilman Pickler. He asked Mr. Simpson if he wanted Council to again reconsider the matter and if he (Simpson) had asked anyone to bring it forward or did he still feel strongly about what he wants to do. City Manager Bob Simpson. He does not feel those are fair questions. He has not asked anyone to do anything. He is also not prepared on such short notice to discuss the matter in this forum. Councilman Pickler. The issue does not belong on the Council dais. It has to do with personnel and it should be done in Closed Session. He does not want to make a circus out of the issue or put it in the public arena and feels that is what the motion proposed would do. A Roll Call Vote was then taken on the foregoing motion to table the matter to the Council agenda of November 28, 1989 for discussion and public input. The motion failed to carry by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle and Hunter Daly, Pickler and Kaywood None Councilwoman Kayw00d. The item was discussed fully last week with no comment by the Mayor. She feels it is obviously a political ploy and is very disappointed. MOTION: Councilman Pickler moved to approve an agreement with Ralph Andersen & Associates for executive search services in conjunction with City Manager recruitment. Councilman Daly seconded the motion. Council Members Ehrle and Hunter voted no. MOTION CARRIED. 155/170/134/179; ITEMS BI Bll FROM THE pLANNING COMMISSION MEETING OF OCTOBER 23, 1989 - INFORMATION ONLY - APPEAL pERIOD ENDS NOVEMBER 14, 1989: 1035 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. BI. SUPPLEMENT TO EIR NO. 281 (PREVIOUSLY CERTIFIED) AND EIR MITIGATED NEGATIVE DECLARATION: VARIANCE NO, 4001 FOR TENTATIVE TRACT MAP NO. 14071 TENTATIVE TRACT MAP NOS. 14071, 14092, AND 14093 AND SITE PLANS: OWNER: DIANA HOARD, THE BALDWIN CO., 16811 Hale Avenue, Irvine, CA 91714 SITE LOCATION AND DESCRIPTION: Subject three (3) Tentative Tracts comprise a portion (approximately 89.3 acres) of the 591-acre The Summit of Anaheim Hills Specific Plan (SP88-2) development area which 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, and on the south and east by unincorporated Irvine Company property within the County of Orange. Petitioner requests approval of Variance No. 4001 for a waiver of minimum structural setback and yard requirements in order to construct a 290-unit apartment complex within proposed Tentative Tract Map No. 14071. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4001 GRANTED for Tentative Tract 14071 (PC89-248). (6 yes votes, 1 absent) Approved Negative Declaration Approved Supplement to EIR No. 281 and Mitigating Negative Declaration. Approved Tentative Tract Nos. 14071, 14092 and 14093 and Site Plans subject to condition that final grading plans would be reviewed by Planning Commission for any recommendations or input to be given to City Engineer or City Council. NOTE: Appeal period on Tracts ended November 2, 1989. There is a problem that has not been resolved on this item relating to drainage from Baldwin Company tracts going straight across the driveway of the Garden Church. Joel Fick, Planning Director. Regarding the hydrology issue, the project is conditioned for a detailed hydrology study to be completed on final map approval. It is a condition imposed by the Planning Gommission requiring the detailed hydrology study to be completed before final map approval. They cannot proceed with the project until that is done and submitted to Engineering. The item today addresses the variance aspect of the project associated with the tracts. Councilwoman Kaywood. She would like to see the issue resolved before and not after. No action was taken by the Council since a second Council member did not concur that the matter should be set for a public hearing. 1036 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1989, 5;30 P,M. B2. GENERAL PLAN AMENDMENT NO, 264, RECLASSIFICATION NO. 89-90-03, CONDITIONAL USE PERMIT NO. 3192 AND NEGATIVE DECLARATION: OWNER: DONALD FORBES AND KENNETH WALKER, 131 Terraza San Angelo, La Habra, CA 90631 AGENT: GEORGE KRAJACIC, 720 Town and Country Road, Orange, CA 92668 LOCATION: 1001 N, West Street (south of La Palma Avenue) Petitioner requests an amendment to the Land Use Element of the General Plan proposing redesignation from Low Density Residential to Low-Medium Density Residential to construct a 2-story, 12-unit condominium complex. For a change in zone from RS-10,O00 to RM-2400 or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 264 APPROVED, Exhibit A, (PC89-249) - (6 yes votes, 1 absent). Reclassification No. 89-90-03 MODIFIED to RS-5000, (PC89-250) CUP No. 3192 DENIED 2-story, 12-unit condo complex (PC89-251) Approved Negative Declaration. This item was set for a City Council public hearing on November 28, 1989, at 6:00 p.m., since a General Plan Amendment is involved. B3. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3205 AND NEGATIVE DECLARATION: OWNER: SOTO ASSOCIATES, ATTN: GARY G. ZAMIR, 15760 Ventura Blvd., #1107, Encino, CA 924136 AGENT: PACKERS COLD STORAGE, DBA NATURIPE, 1415 N. Raymond Avenue, Anaheim, CA 92801 LOCATION; 1415 N. Raymond Avenue (Naturipe) (north of the Riverside Freeway) To retain a portable office building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3205 GRANTED for 5 years (PC89-252). Waiver of code requirement GRANTED. Approved Negative Declaration. (6 yes votes, 1 absent). B4 WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3207 AND NEGATIVE DECLARATION: OWNER: LA PALMA GILBERT INVESTMENT CO., ATTN: RALPH HOROWITZ, 11300 West Olympic Blvd., Suite 864, Los Angeles, CA 90064-1651 AGENT: HOLLOWAY II, LTD, 6700 Stanton Ave., Suite A, Buena Park, CA 90621 LOCATION; 2349 W, La Palma Avenue (east of Gilbert Street) To permit a multi-tenant automotive repair facility with waivers of minimum number of parking spaces and maximum number of freestanding signs. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3207 GRANTED (PC89-253) landscape plan to be approved by 1037 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1989, 5:30 P.M. Planning Department, prior to issuance of building permits; and there will be no food facilities. (6 yes votes, 1 absent.) Waiver of code requirement GRANTED. Approved Negative Declaration. B5. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3208 AND NEGATIVE DECLARATION: OWNER: EAST ANAHEIM ENTERPRISES, A NEVADA LIMITED PARTNERSHIP, ATTN: FRED SELIGMAN, 5100 E. La Palms Avenue, #202, Anaheim, CA 92807 AGENT: DANIELLE KENFIELD, 2650 E. College Place, #H-30, Fullerton, CA 92631 LOCATION: 5100 E. La Palms Avenue, Ste. 108 (California Dance Academy) (east of Lakeview Avenue) To permit a 1,632 square foot of physical fitness (dance instruction) facility within an existing 138,350 square foot industrial complex with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3208 DENIED (PC89-254) (6 yes votes, 1 absent). Waiver of code requirement DENIED. Approved Negative Declaration. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B6. CONDITIONAL USE PERMIT NO. 3209 AND NEGATIVE DECLARATION: OWNER: MALANAS LTD, P. O. Box 1066, Newport Beach, CA 92660 AGENT: ARDESHIR BAHAR AIA, 23052 Alcalde, Laguna Hills, CA 92653 LOCATION; 1725 S, Brookhurst Street (north of Katella Avenue) To permit a car wash with gasoline sales and a convenience market with off-sale of beer and wine. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3209 GRANTED (PC89-255) subject to additional six foot high walls (wings) on each end of building; approximately 33 feet long; and hours of operation as stipulated to by applicant. (6 yes votes, 1 absent.) A review of the Planning Gommission's decision was requested by Council Members Pickler and Daly, and a public hearing will be scheduled. BT, WAIVER OF CODE REQUIREMENT, GONDITIONAL USE PERMIT NO, 3211 AND NEGATIVE DECLARATION: OWNER: HEINZ INVESTMENT, INC., 525 Pine Way, Anaheim, CA 92805 AGENT: CARL KARCHER ENTERPRISES, INC., 1200 N. Harbor Blvd., Anaheim, CA 92801 LOCATION; 1189 S, State College Blvd, (Carl's Jr,) (north of Ball Road) To expand an existing drive-through restaurant with waivers of (a) minimum number of parking spaces, (b) minimum structural setback, and (c) required dimension of drive-through lane. 1038 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3211 GRANTED, IN PART, (PC89-256) (a) minimum number of parking spaces APPROVED for 39 standard sized spaces rather than 42 standard and small car size, (b) minimum structural setback APPROVED, and (c) required dimension of drive-through lane APPROVED. The Granting of CUP NO. 3211 is subject to property owner agreeing to remove any structure in the City right of way when street is widened and critical intersection improvements are made; and subject to irrevocable offer to dedicate up to 12 feet for critical intersection; and that a covenant be recorded to that effect. (5 yes votes, 1 abstain, and 1 absent.) Approved Negative Declaration. B8. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3213 AND NEGATIVE DECLARATION: OWNER: MARJACK II, ATTN: JACK H. REED, 3777 N. Harbor Blvd., Fullerton, CA 92635-1336 AGENT: ISAI ULATE, 2556 Woodland Drive, Anaheim, CA 92804 LOCATION; 2556 Woodland Drive (north of La Palma Avenue and east of Magnolia Avenue) To permit a church with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3213 GRANTED (PC89-257) for one year, to expire 10-23-90. yes votes, 1 absent.) Waiver of code requirement GRANTED. Approved Negative Declaration. (6 The Planning Commission's decision was apRealed by the applicant and, therefore, a public hearing will be sched6led at a later date. Bg. VARIANCE NO. 3996, CATEGORICALLY EXEMPT. CLASS 5: OWNER: FRED GARR, P. O. Box 18896, Anaheim, CA 92817 AGENT: GEORGE PUBOSE, 1215 E. 59th Street, Los Angeles, CA 90001 LOCATION; 6625 East Canyon Hills Road Waiver of prohibited ground mounted equipment to retain an existing ground mounted satellite dish. ACTION TAKEN BY TNE PLANNING COMMISSION: Variance No. 3996 GRANTED (PC89-258) subject to landscape plan being submitted to and approved by the Planning Department within 30 days. (6 yes votes, 1 absent.) BIO. SPECIFIC PLAN NO, 88-03 - REQUEST FOR APPROVAL OF SIGN PROGRAM' Chuck E. Chistensen, Santa Fe Pacific Realty Corporation, requests approval of sign program for property located at the southwest corner of La Palma Avenue and Tustin Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED request for sign program. 1039 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. Bll. REQUEST TO INITIATE FORMAL PROCEEDINGS FOR A GENERAL PLAN AMENDMENT. Property is approximately 45 acres located southeast of Ball Road and the Route 57-Orange Freeway, west of the Santa Ana River, and north of the Southern Pacific Railroad tracks. ACTION TAKEN BY THE PLANNING COMMISSION: Request to initiate formal proceedings for a General Plan Amendment APPROVED. 134/155: ITEM B12 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 30, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 21, 1989 NOTE; THIS ITEM SET FOR PUBLIC HEARING TODAY, SEE ITEM D1. B12. GENERAL PLAN AMENDMENT ~O, 260 AND NEGATIVE DECLARATION: LOCATION: Citywide Amendment to the Housing Element of the General Plan. The Amendment will consider an update of housing needs, goals, policies, plans and programs citywtde. ACTION TAKEN BY THE PLANNING COMMISSION: GPA NO. 260 was recommended for approval; approved EIR Negative Declaration. The public hearing on General Plan Amendment No. 260 was held later in the meeting today under the public hearing portion of the agenda. 179/170/143: ITEMS B13 B17 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 16, 1989: B13. RECLASSIFICATION NO, 89-90-08, VARIANCE NO. 3990, TENTATIVE TRACT NO. 14130, SPECIMEN TREE REMOVAL PERMIT NO, 89-09; MODIFICATION OF MINIMUM REQUIRED DISTANCE BETWEEN OIL WELLS AND DWELLING UNITS: OWNER: BLASH MOMENY, 2082 Business Center Drive, #185, Irvine, CA 92715 LOCATION~ Property is approximately 5 acres at the northwest terminus of GaN~and Circle approximately 450 feet west of the centerllne of Bo~sseranc Way. For a change in zone from RS-A-43,000 to RS-5000 or a less intense zone. To establish an 18-lot single-family subdivision with waivers of required lot frontage and modification of minimum required distance between oil wells and dwelling units. ACTION TAKEN By THE pLANNING COMMISSION: Reclassification No. 89-90-08 APPROVED for RS-5000 (NOTE: appeal period ends November 28, 1989.) Variance No. 3990 DENIED. (NOTE: appeal period ends November 28, 1989.) Tentative Tract 14130 DENIED. (Note: Appeal period ends 11/16/89.) Specimen Tree Removal Permit No. 89-09 WITHDRAWN. Approved Negative Declaration. 1040 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. Modification of minimum required distance between oil wells and dwelling units DENIED. The denial of the Variance only was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B14. ENVIRONMENTAL IMPACT REPORT NO. 273 (PREVIOUSLY CERTIFIED), VESTING TENTATIVE TRACT MAP NOS, 12692 AND 12693 AND SITE PLANS; OWNER: PRESLEY OF SOUTHERN CALIFORNIA, ATTN: STEVE RIGGS, 22659 Old Canal Road, Yorba Linda, CA 92686 AGENT: ELFEND & ASSOCIATES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LOCATION: Subject property is within the northeastern portion of the 816-acre The Highlands at Anaheim Hills Specific Plan SP87-1 Pro~ect Area and is further described as Development Area 3, The Highlands at Anaheim Hills Development is bounded on the north by the East Hills Planned Community, on the east by Sycamore Canyon and The Summit of Anaheim Hills Developments, on the west by the extstinm Anaheim Hills Planned Community and the Mohler Drive Area, and on the south by the City of Orange and unincorporated land within the County of Orange. Vesting Tentative Tract Map No, 12692 and Site Plan: To establish a 39.8 acre, 94-1ot subdivision, including 92 single-family detached residential lots and two open space lots. Vesting Tentative Tract Map No, 12693 and Site Plan: To establish an 8.2-acre, 48-1ot single-family detached residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map Nos. 12692 and 12693 and site plans APPROVED. 179/185: DENSITY TRANSFER REQUEST NO, 89-03 On November 1, 1989, the Planning Director approved Density Transfer Request No. 89-03 to transfer 28 units from Development Area 3 to Development Areas 6, 7, and 11 in accordance with density transfer procedures established as part of The Highlands at Anaheim Hills Specific Plan. Said approval will become final, following a twenty-two day appeal period, on November 23, 1989 unless appealed to the City Council. B15. CEQA MITIGATED DECLARATION, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3212, TENTATIVE TRACT MAP NO. 14169: OWNER: DONALD G. HUNT, 12844 Inglewood, Hawthorne, CA 90250 AGENT: WILLIAM PEARCE AND PHIL SCHWARTZ, 14841 Yorba, #203, Tustin, CA 92680 LOCATION; 400 W, Wilken Way To permit the construction of a l-lot, 64-unit, RM-2400 condominium complex with waiver of maximum structural height. 1041 City Hall, Anaheim, California - COUNCIL MINUTES November 14, 1989, 5:30 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3212 APPROVED. (NOTE: appeal period expires November 28, 1989.) Waiver of code requirement APPROVED. Tentative Tract Map No. 14169 APPROVED. REPORTS AND RECOMMENDATIONS: B16. SUPPLEMENT TO EIR NO. 281 (PREVIOUSLY CERTIFIED) THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN (SP88-2) REVISED AND FINAL SITE PLAN FOR PREVIOUSLY-APPROVED RESIDENTIAL SINGLE-FAMILY TENTATIVE TRACT MAP NOS, 13460, 13461 and 13267. ACTION TAKEN BY THE PLANNING COMMISSION: Revised and final aite plan for previously-approved residential single-family Tentative Tract Map Nos. 13460, 13461 and 13267 APPROVED. B17. CLARIFICATION OF OCTOBER 9, 1989 PLANNING COMMISSION MOTION APPROVING TRACT MAP NO 12995 WALL PLAN (SYCAMORE CANYON SPECIFIC PLAN) SHOWING TYPE AND PLACEMENT OF A WALL ADJACENT TO WEIR CANYON ROAD, ACTION TAKEN By THE PLANNING COMMISSION: Clarified previous motion. End of the Planning Commission Items. 179: PLANNING COMMISSION CONSENT CALENDAR - INFORMATIONAL ITEMS; Councilman Daly asked the City Attorney if the Council was in a position of effectively voting on the "B" portion of the agenda - the Planning Commission consent Calendar/Informational Items. City Attorney White. He explained this is an informational listing and by law the items are not even required to be placed on a Council agenda for review. The items are placed on the agenda only for Council's information to determine if at least two members of the Council wish to set any items for a public hearing. After today the items are final and the Planning Commission action stands unless the Council chooses to act by setting a public hearing. Mayor Hunter. He would like to see data on all public hearings set by the Council and what it costs the taxpayers by setting matters for a public hearing. Most have been approved by the Planning Commission unanimously or 6/0 or 6 with an abstention, etc., which as a matter of course are set for a public hearing before the Council. As the City Attorney stated, the informational items do not even have to be placed on a Council agenda. The Council is supposed to set policy and yet spends a great deal of time on informational items which are then set for public hearings, most of which have been set by the same two Council members. In the future, he would like to have agendized whether or not it should take a majority vote of the Council to set matters for a public hearing. They have gone through the discussion before but he feels it is time to bring it forward again. He suggested taking 1042 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. all agendas from January to December and determining the number of public hearings set by the two Council Members and further determining costs to the taxpayers which he feels is outrageous. It is a waste of taxpayer's money. No further action was taken by the Council on the matter at this time. 179: ORDINANCE NOS 5077 THROUGH 5079 - ADOPTION: WAIVER OF READING ORDINANCES; The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5077 through 5079, both inclusive) Councilman Hunter moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance Nos. 5077 through 5079, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 5077~ 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. 84-85-22, located at 1695 West Sumac Lane, from the RS-7200 zone to the CO zone.) ORDINANCE NO. 5078; 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. 87-88-52, located on the southeast corner of La Palma Avenue and Anna Drive, from the CL zone to the RM-1200 zone.) ORDINANCE NO. 5079: 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. 88-89-24, located at 206 North Coffman Street, from the RS-7200 zone to the RM-1200 zone.) Roll Call Vote: AYES: NOES' ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance Nos. 5077 through 5079, both inclusive, duly passed and adopted. 179/142: ORDINANCE NO, 5080 - ADOPTION; WAIVER OF READING - ORDINANCE; The title of the following ordinance was read by the City Clerk. (Ordinance No. 5080) Councilman Hunter moved to waive the reading in full of the ordinances. Councilman Daly seconded the motion. MOTION CARRIED. 1043 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5;30 P.M. Councilman Hunter offered Ordinance No. 5080 for adoption. Refer to. Ordinance Book. ORDINANCE NO. 5080: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING ORDINANCE NO. 5019 AND AMENDING AND ADDING VARIOUS SECTIONS AND SUBSECTIONS TO CHAPTERS 18.31, 18.32, AND 18.34 OF TITLE 18 RELATING TO RECREATIONAL-LEISURE AREAS IN RESIDENTIAL, MULTIPLE-FAMILY ZONES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinanca No. 5080 duly passed and adopted. ITEMS OF PUBLIC INTEREST; Sharon Ericson, President, Anaheim Municipal Employees Association. She asked for clarification whether or not there was going to be a public hearing on November 28, 1989 to discuss the City Manager item that was on today's agenda; Mayor Hunter answered no since the motion to do so failed. 134/155: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 260 AND NEGATIVE DECLARATION - AMENDMENT TO THE HOUSING ELEMENT OF THE GENERAL PI2%N; The amendment will consider an update of housing needs, goals, policies, plans and programs citywide. A Negative Declaration will be considered in conjunction with the proposed amendment. (See City of Anaheim Housing Element 1989 - GPA No. 260 - Draft - made a part of the record). ACTION TAKEN BY THE PLANNING COMMISSION: The Planning Commission recommended that the Council adopt General Plan Amendment No. 260 the 1989 Housing Element Update as amended; approved EIR Negative Declaration. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 3, 1989. Posting of property November 2, 1989. Lisa Sttpkovtch, Director of Community Development - State Law requires the City to update its Housing Element every five years. Both the Planning Department and Community Development Department have worked together with the consulting firm of Sedway & Cooke, to prepare the Element. They have also worked significantly with the Planning Commission in work sessions along with the Redevelopment Commission and Housing Commission. All those bodies recommend approval and have been an integral part of what is presented in the document. Earlier in the meeting, the Council took an action to approve the Housing Strategy which is not required by state law but which is the document used to implement many of the programs and policies for Housing programs in the City of Anaheim. 1044 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1989, 5;30 P.M. Mayor Hunter asked if anyone wished to speak either in favor or in opposition to the proposed General Plan Amendment amending the Housing Element; there being no response, he closed the public hearing. Joel Fick, Planning Director. He emphasized that the Planning Commission did review the Element in great detail and held separate workshops to address the item. The Commission went through the document section by section and page by page. The report made constructive changes and those are incorporated in the recommendations to the Council today. He recommends approval. Mayor Hunter. In reading the document, he noted that once again there is downzoning from RM-1200 to either RM-2400 or RS-5000 or other lower density. He complemented Lisa Sttpkovich and Joel Fick as well as Planning staff and the Planning Commission on what they accomplished in the amendment to the Housing Element. It is an excellent, well put-together document and it contains many new ideas for the future. Councilman Daly. He agrees. Both the Housing Strategy and Housing Element are as thorough, positive and full of creative ideas as anyone is likely to see in any Housing Element in the state. They are fine packages. Anaheim already is a leader in this region and does far more than its share. The City takes care of the Housing needs of so many varieties of persons and more than holds its own in terms of good sound public policy in the area of Housing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-432) 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-432 for adoption, approving General Plan Amendment No. 260 - Amendment to the Housing Element of the City's General Plan. Refer to Resolution Book. RESOLUTION NO. 89R-432; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A REVISION TO THE HOUSING ELEMENT OF THE CITY OF ANAHEIM 1045 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. DESIGNATED AS GENERAL PLAN AMENDMENT NO. 260 PURSUANT TO SECTION 65588 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 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-432 duly passed and adopted. Before concluding, Mrs. Stipkovtch reported that she did hear verbally from the state who praised the City and felt the document was an excellent one. The state has comments which will be sent in writing. They commended the City for its effort and for the Housing Element. 179/155: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3201 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Broadway Magnolia Associates, Harbor Pacific Development 4040 Mac Arthur Boulevard, Suite 314, Newport Beach, CA 92660 AGENT: Hassan Milani 9372 Shannon Avenue, Garden Grove, CA 92641 LOCATION/REQUEST: The property is located at 221 South Magnolia Avenue (northwest corner of Broadway and Magnolia Avenue). The request is to permit a convenience market in an existing retail center. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3201 was granted (PC89-240), (6 yes votes, 1 absent); approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler from the supplementary agenda of the meeting of October 17, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 2, 1989. Posting of property November 2, 1989. Mailing to property owners within 300 feet - November 3, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 9, 1989. APPLICANT'S STATEMENT: Brent Ogden, Owner and President of Harbor Pacific Development Company. He is present on behalf of the applicant more to 1046 City Hall, Anaheim, California - COUNCIL MINUTES November 14, 1989, 5:30 P.M. clarify than protest. The project is a brand new shopping center and the tenant in question is going to be basically a specialty convenience store. The way the code is written it is still considered a convenience market. The tenant is not applying for any beer and wine license. The store will sell basically beef and produce. It is a family run business. The Planning Commission approved the project on a 6/0 vote. They do not know of any opposition to the project. Councilwoman Kaywood. One of her concerns was, originally there was a 7-Eleven market on that corner which was demolished and then built across the street. There is also another Ctrcle-K with a food mart on the opposite corner and another liquor only Circle-K ten steps away from that, a Pizza Hut, etc. She was very concerned when another market was proposed that the area was going to be inundated. Brent Ogden. He feels it is a question of how many beer and wine licenses there are in a particular area. That is why they did not apply for one. This kind of store is a complement to other businesses in the shopping center. He is only working with 1,800 square feet. It is different from a regular convenience market. To his knowledge, it is not a 24-hour operation. COUNCIL ACTION: There being no further persons who wished to speak either in favor or in opposition, Mayor Hunter closed the public hearing. Annika Santalahti, Zoning Administrator. She wanted to clarify a point. The applicant indicated no off-sale of alcoholic beverages for off-premises consumption. She noted in reviewing the Planning Gommtssion resolution, that did not appear in the resolution. She assumes the Council would wish to modify the conditions to add that no off-sale of alcoholic beverages shall be permitted in the convenience market. ENVIRONMENTAL IMPAGT REPORT - NEGATIVE DEGLARATION; On motion by Councilman Hunter, seconded by Gouncilman Pickler, the Gity Gouncil approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-433) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. 1047 City Hall, Anaheim, California - COUNCIL MINUTES November 14, 1989, 5:30 P.M. Councilman Hunter offered Resolution No. 89-433 for adoption, granting Conditional Use Permit No. 3201, subject to City Planning Commission conditions and including that no off-sale of alcoholic beverages shall be permitted in the convenience market. Refer to Resolution Book. RESOLUTION NO. 89R-433; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3201. 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-433 duly passed and adopted. 179/155: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3202 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Dan Rataniee 2960 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: Lin-Beach Properties 2960 W. Lincoln Avenue, Anaheim, CA 92801 LOCATION/REQUEST: The property is located at 2865 West Lincoln Avenue (east of Bel Air Street). The request is to permit the commercial use of a residential structure for a print shop with waiver of permitted location of vehicular parking. ACTION TAKEN BY THE PLkNNING COMMISSION: Conditional Use Permit No. 3202 was granted (PC89-236), (6 yes votes, 1 absent); approved waiver of code requirement (waiver of permitted location of vehicular parking); approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler from the supplementary agenda of the meeting of October 17, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 2, 1989. Posting of property November 2, 1989. Mailing to property owners within 300 feet - November 3, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 9, 1989. 1048 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5;30 P.M. City Clerk Sohl announced that the applicant's agent has submitted a letter to the Council requesting the item be continued for one week because the project designer is unable to be present today. Mayor Hunter. He was under the impression that there is to be no Council meeting next week due to the Thanksgiving holiday. MOTION: Councilman Hunter moved to continue public hearing on Conditional Use Permit No. 3202 and Negative Declaration therefore to Tuesday, November 28, 1989 at 6:00 p.m. Councilman Daly seconded the motion. MOTION CARRIED. 179/155: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3203 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Tawa Anaheim Plaza 9225 Bolsa Avenue, Westminster, CA 92683 AGENT: Ren-Yng-Lin, Aia, & Associates 16742 Gothard Street, Suite 114, Huntington Beach, CA 92647 LOCATION/REQUEST: The property is located at 601-697 North Euclid Street (northwest corner of Crescent Avenue and Euclid Street). The request is to permit the division of commercial space with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3203 was granted (PC89-239) (6 yes votes, 1 absent~; waiver of code requirement (minimum number of parking spaces) was granted; approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision requested by Councilwoman Kaywood and Coundilman Pickler from the supplementary agenda from the meeting of October 17, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 2, 1989. Posting of property November 2, 1989. Mailing to property owners within 300 feet - November 3, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 9, 1989. APPLICANT'S STATEMENT: Ren-Yng-Ltn was present on behalf of the owner and is present to answer any questions. Councilwoman Kaywood. She has already spoken to someone and most of her questions were 1049 City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1989, 5:30 P.M. answered. She was concerned there was going to be an addition to the building with more building on it which is not the case. They are redesigning within the structure itself and the parking shortage does not actually exist. They type of beauty school involved is unlike a normal beauty school. She no longer has a problem relative to the project. COUNCIL ACTION: There being no further persons who wished to speak either in favor or in opposition, 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 No. 89R-434) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-434 for adoption, granting Conditional Use Permit No. 3203, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 89R-434; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3203. 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-434 duly passed and adopted. 114: COUNCIL MEETING DATES; Council Members expressed their impression that the Council meeting of Tuesday, November 21, 1989 had previously been cancelled due to the Thanksgiving holiday. Councilman Pickler asked if there was a problem in officially cancelling that meeting since plans had been made by several Council Members. City Attorney White. The only legal constraint would be if public hearings had been set for that date but there are none. The only other possible consideration is that departments may have items that need to be acted upon prior to two weeks from now. 1050 City Hall, Anaheim, California COUNCIL MINUTES - November 14, 1989, 5:30 P.M. City Clerk Sohl confirmed that no noticed public hearings were scheduled for November 21, 1989. It was thereupon determined that no Council meeting would be held on Tuesday, November 21, 1989. Councilwoman Kaywood. Relative to the Council meeting of December 12, 1989, she asked that the meeting be scheduled as a day meeting due to the Visitor & Convention Bureau Annual Banquet which the Council is expected to and has attended in years past which starts at 6:00 p.m. She thought that three Council Members had indicated their preference for a day meeting. Councilman Daly. The Visitor & Convention Bureau knows that the Council meets on Tuesdays. He does not feel the Council should start changing meeting times for various functions but that they should adhere to their regular meeting schedule. He has not received an invitation as yet for the function to know the starting time. Councilwoman Kaywood. At the time the Visitor & Convention Bureau set its schedule, the Council was meeting in the day time on the second and fourth Tuesdays. The schedule was subsequently changed to all night meetings. The function starts at 6:00 p.m. It is a formal and she sees no problem if they were to meet earlier in the day on that date; Councilman Pickler stated he had no problem with changing a starting time occasionally. The banquet is a function they have been attending for years. Councilman Pickler moved that the Tuesday, December 12, 1989 Council meeting start at 1:30 p.m. instead of 5:30 p.m. Councilwoman Kaywood seconded the motion. The motion failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler and Kaywood Daly, Ehrle and Hunter None Therefore, the December 12, 1989 Council meeting will start at 5:30 p.m. City Clerk Sohl. She will need Council input on whether or not a City Council m~eting will be ~chaduled for Tu,~day, January 2, 1990 and if not on th, second, perhaps the third. Further, with the Council's permission, she will schedule the Council Meeting Master Calendar at a meeting early in January so that the Council can determine their meeting schedule for 1990. After a brief discussion, it was determined by the Council that the following is the Council meeting schedule for the remainder of 1989: Meeting of Tuesday, November 21, 1989 Meeting of Tuesday, November 28, 1989 Meeting of Tuesday, December 5, 1989 Meeting of Tuesday, December 12, 1989 December 15, 1989 at 1:30 p.m.) cancelled. 5:30 p.m. 5:30 p.m. 5:30 p.m. (adjourn to Friday, 1051 City Hall, Anaheim, California COUNCIL MINUTES November 14, 1989, 5;30 P.M. Meeting of Tuesday, December 19, 1989 Meeting of Tuesday, December 26, 1989 cancelled. cancelled. ADJOURNMENT: By general consent the Council adjourned. (7:25 p.m.) LEONORA N. SOHL, CITY CLERK 1052