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1988/02/09City Hall, Anaheim, California - COUNCIL MINUTES - Februar~ 9, 1988, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CODE ENFORCEMENT SUPERVISOR: John Poole TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick SENIOR PLANNER: Mary McCloskey ASSOCIATE PLANNER: Leonard McGhee A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on February 5, 1988 at the Civic Center kiosk, containing all items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. 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 0.C.S.C.C. No. 46-96-59. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(b)(1). Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (12:10 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:46 p.m.) INVOCATION: Dr. Laurence Downing, Anaheim Adventist Church, gave the Invocation. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were unanimously adopted by the City Council recognizing the Loara High School/Denny's Restaurant Partnership Program and Gilbert High School/Denny's 172 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. Restaurant Partnership Program - a unique relationship between a public school, students and a chosen partner from the community. 119: PRESENTATION - ANAHEIM MEMORIAL HOSPITAL: Commemorating the opening of the Magnetic Resonance Imaging Center. Mr. Robert Sloane, President and Chief Executive Officer of Anaheim Memorial Hospital, briefed the Council on the opening of the Hospital's new Magnetic Resonance Imaging Center, the latest breakthrough in diagnostic imaging using a non-invasive technique. Directors of Anaheim Memorial Hospital were present in the Chamber audience along with Allan Hughes, Chairman of the Board. Before concluding their presentation, the hospital's representatives presented the Council with pins commemorating the facility's 30th anniversary and other tokens marking the opening of the Hospital in Anaheim in 1958 when there were 56 beds. Mayor Bay and the Council congratulated Mr. Sloane and the Directors, stating that Anaheim was fortunate to have such a fine Hospital within its boundaries. 119: PRESENTATION - GIFT FROM CORNELIA (SHETL~R) VOGT AND EMMA (SHETLER) FLOWERS: Gift of $1,000 was presented to the City of Anaheim from Cornelia Vogt and Emma Flowers for purchase of materials for tne Anaheim History Room. Making the presentation where Elizabeth Schultz, Emeritus Member of the Library Board and Opal Kissinger, retired curator of the Anaheim History Room. Mrs. Schultz explained that she tried but was unable to convince Cornelia and Emma to attend the meeting today but Councilman Ehrle will give a short presentation. Councilman Ehrle, as liaison to the Library Board, gave a short history of the Shetler Family who were "pioneers" in the City of Anaheim having arrived in 1911. Mayor Bay and Council Members expressed their thanks on behalf of the City for the generosity of both Mrs. Vogt and Flowers. Councilman Bay moved to accept the gift of $1,000 allocating it to Account Nos. 01-3192 and 01-1705125. Councilman Pickler seconded the motion. MOTI0~ 119: PROCLAMATION: The following proclamation was issued by Mayor Bay and authorized by the City Council: American History Month In Anaheim - February, 1988. Mrs. George Zuerlein accepted the American History Month proclamation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held January 26, 1988. Councilman Hunter seconded the motion. MOTION FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,986,650.58, in accordance with the 1987-88 Budget, were approved. 173 City Hall, Anaheim, California - COUNCIL MINUTES - February 9~ 1988, 1:30 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickier, 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. 88R-51 through 88R-65, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Paul Wisniewski for property damage sustained purportedly due to actions of the City on or about December 12, 1987. b. Claim submitted by Jay Kauble for property damage sustained purportedly due to actions of the City on or about November 7, 1987. c. Claim submitted by Walter Miller for property damage sustained purportedly due to actions of the City on or about November 9, 1987. d. Claim submitted by Angelo Lardas for property damage sustained purportedly due to actions of the City on or about November 29, 1987. e. Claim submitted by Kimberly Vanover for bodily injury sustained purportedly due to actions of the City on or about September 17, 1987. 2. Receiving and filing the following correspondence: (on file) a. 105: Minutes of the regular meeting of the Anaheim Library Board, December 23, 1987. b. 140: Anaheim Public Library Statistical Reports for November and December 1987. 3. 179: Granting a one-year extension of time expiring on February 18, 1989, to Conditional Use Permit No. 2727 so that the applicant (California Lutheran Homes) may comply with conditions of approval. 4. 179: Granting a one-year extension of time expiring on January 29, 1989, to Conditional Use Permit No. 2634, so that the applicant (William P. Draganza) may comply with conditions of approval. 5. 160: Authorizing the Purchasing Agent to issue a purchase order to Anaheim Public Improvement Corporation in the amount of $25,873.46 for four Compaq 386 computers, operating software and one color monitor in accordance with Bid Proposal #A-4533. 6. 123: Authorizing cooperative maintenance agreements with Buena Park for traffic signal maintenance at Crescent/Dale and Knott/Lincoln. 174 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. 7. 123: Approving the amendment to agreement with Safety Striping Services, Inc. for pavement striping marking to provide for a 5% annual cost adjustment, increasing the contract to $194,460. 8. 164: Authorizing an assessment of liquidated damages in the amount of $4,070 from John T. Malloy, Inc. Contractor, Wagner-Sunkist Storm Drain Improvement and granting an extension of time of 21 days. 9. 124/123: Approving the terms and conditions of agreements as follows in connection with the sale of Community Center Authority Lease Revenue Bonds, Series E, in the approximate amount of $62 million for financing of Betterment III Expansion, Convention Center Parking Structure and the Stadium Concourse Area Renovation Project. 124/123: Agreement employing Jones Hall Hill & White as bond counsel regarding the sale of lease revenue bonds for Convention Center Betterment III Expansion, Convention Center Parking Structure and Stadium Concourse Area Renovation Project. 124/123: Agreement employing Seidler-Fitzgerald Public Finance as financial advisor to the City regarding this competitive sale of lease revenue bonds. 10. 150/i52: Ratifying the terms and conditions of an agreement with Jones Hall Hill & White to provide legal services in connection with escrow restructuring - $31.2 million Certificates of Participation (1986 Refinancing Project A), in the amount of $i,000; and a letter agreement with Peat Marwick Main & Co. to provide mathematical verification services in the amount of $2,000. 11. 160: Approving a permit for the Anaheim Athletic Boxing Club to conduct an amateur boxing exhibition/tournament at the Martin Recreation Center on February 21, 1988. 12. 160: Accepting the low bid of Leonard Chaidez, DBA: Leonard Chaidez Tree Service in the amount of $13,980 for tree trimming removal projects, in accordance with Bid Proposal #4546. 13. 160: Accepting the low bid of Woody Chevrolet in the amount of $33,756.51 for two one-ton trucks with service body, in accordance with Bid Proposal ~A-4540. 14. 160: Accepting the bid of Woody Chevrolet in the amount of $421,777.71, for thirty 1988 Caprice police patrol sedans per Bid Proposal #A-4544. 15. 160: Authorizing the Purctmsing Agent to issue a purchase order, without competitive bidding, to McMahan Desk, Inc., Anaheim, California, in the amount of $13,347.86, for modular workstations and accessories at the Police Department Records Bureau. 16. 123: Authorizing the Mayor to execute the First Amendment to the Disposition & Development Agreement by and among the City, the Housing Authority and Chevy Chase Anaheim Partners, allocating an additional $300,000 in rehabilitation loans to the project. 175 1! City Hall, AnAheim, California - COUNCIL MINUTES - February 9, i988, 1:30 P.M. 17. 123: Approving a contract with Korn/Ferry International for recruitment services to fill the positions of Public Utilities Assistant General Manager - Engineering; Electrical Engineering Manager, and Principal Electrical Engineer; and further authorizing relocation expenses based upon the Public Utilities General Manager's recommendation. 18. 123: Approving the First Amendment to the Agreement dated August 10, 1982 with Judicial Arbitration & Mediation Service, Inc. establishing an hourly rate of compensation of $250 and a not-to-exceed annual total of $20,000. 19. 153: RESOLUTION NO. 88R-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CERTAIN CLASSIFICATIONS DESIGNATED AS PROFESSIONAL AND TECHNICAL MANAGEMENT. (to adjust salary range upward to SR05 for Public Utilities Financial Requirements Analyst; and to create a new management classification of Public Utilities Financial Services Analyst at salary range SR04, effective February 5, 1988) 20. 153: RESOLUTION NO. 88R-52: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-362 WHICH ESTABLISHED THE RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT. (to adjust the salary range structure by 5%) 153: RESOLUTION NO. 88R-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-363 WHICH ESTABLISHED THE RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (to adjust the salary range structure by 5%) 153: RESOLUTION NO. 88R-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-364 WHICH ESTABLISHED THE RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (to adjust the salary range structure by 5%) 153: RESOLUTION NO. 88R-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-365 WHICH ESTABLISHED THE RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL/TECHNICAL MANAGEMENT. (to adjust the salary range structure by 5~) 21. 000/140: RE§0LUTION NO. §8R-56~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISNING FEES TO BE CF~kRGED FOR USE OF VIDEO CASSETTE CIRCULATION BY ANAHEIM PUBLIC LIBRARY. 22. 169: RESOLUTION NO. 88R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTIONAND COMPLETION OF A PUBLIC WORK. (Route 91/57 Overcrossing Approach Landscaping Improvement (Bids to be opened March 17, 1988, 2:00 p.m.) 23. 101: RESOLUTION NO. 88R-58: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Anaheim Stadium Exhibit 176 19- City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988~ 1:30 P.M. Facilities - Bids to be opened March 29, 1988, 2:00 pm., in the Anaheim Room, Anaheim Stadium) 24. 169: RESOLUTION NO. 88R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION COMPLETION OF A PUBLIC WORK. (Barrier Free Anaheim No. 12) (B-1 Enterprise Corporation, and authorizing the recording of the Notice of Completion) 25. 179: RESOLUTION NO. 88R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING AT.L PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 886 AND DECLARING RESOLUTION NO. 4323 NULL AND VOID. (in compliance with condition of approval for Variance No. 3704) 26. 179: RESOLUTION NO. 88R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 266i AND DECLARING RESOLUTION NO. 85R-i58NULLAND VOID. (in compliance with condition of approval for Variance No. 3566) 27. 179: RESOLUTION NO. 88R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ATJ, PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 24i2 AND DECLARING RESOLUTION NO. 72R-442 NULL AND VOID. (in compliance with condition of approval for Reclassification No. 87-88-05) 28. 179: RESOLUTION NO. 88R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING AT.L PROCEEDINGS IN CONNECTION WITH RECLASSIFICATION NO. 81-82-11 AND DECLARING RESOLUTION NO. 82R-69 NULL AND VOID. (in compliance with condition of approval for Conditional Use Permit No. 2860) 179: RESOLUTION NO. 88R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 3249 AND DECLARING RESOLUTION NO. 82R-70 NULLAND VOID. (in compliance with condition of a~proval for Conditional Use Permit No. 2860) 29. 179: RESOLUTION NO. 88R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING AT.T. PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 124 AND DECLARING RESOLUTION NO. 1727 NULL AND VOID. (in compliance with condition of approval for Conditional Use Permit No. 2029) Roll Call Vote on Resolution Nos. 88R-51 through 88R-65: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-51 through 88R-65, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 179: VARIANCE NO. 3706 - AMENDING RESOLUTION NO. 87R-492: Amending Resolution No. 87R-492, nunc pro tunc, to delete subparagraph (b) of condition 177 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988~ 1:30 P.M. no. 1 of said resolution, pertaining to "wing walls" in Variance No. 3706. Submitted was report dated February 3, 1988 from the City Attorney, Jack White, recommending adopting a resolution to amend Resolution No. 87R-492 if it was the City Council's intention not to require the "wing walls" on the block wall along Nohl Ranch Road to be lowered in height. City Attorney White briefed the issue in detail. He stated this matter is being brought back to the Council today for the Council to determine its intention at the time the height variance was approved with regard to the "wing walls" area. It is not a public hearing or an avenue for the Council to change its decision from the decision made at the time of the public hearing. If the Council desires to change its decision, that would require another public hearing and an amendment to the existing variance that was approved. Measurements indicated on the plan submitted shows that 311 feet plus a few inches of wall height will be reduced. This did not count the "wing walls" portions. The discussion concerned the 310 to 315 linear feet of the wall, consisting of seven openings which would be lowered in height. The plan appears to conform to each of those numbers with the exception that the resolution specifies 315 feet as a minimum and the actual distance shown in the plan indicates approximately 3il feet. Mayor Bay. He recalled that Council Members Pickler and Hunter made up the ad hoc committee assigned to work the problem. The footage the Council agreed on, if it matches that closely without considering the "wing walls", it is his assumption that the "wing walls" were not included. Councilman Pickler. They did meet with Mr. Peloquin and his representatives and Bob Zemel of the Anaheim Hills Citizens Coalition. What stands out in his mind is the footage. He also reviewed the matter with the City Attorney and the Planning Department. His interpretation is that the rear setback area was to be lowered which did not include the "wing walls" portions. Councilman Hunter. He never had any discussion with the developer with regard to the "wing walls". Looking at the totality of the wall which is 5/8's of a mile, seven lowered openings consisting of approximately 311 feet is basically 100 Nards. He is certain they would all agree that the issue of the "wing walls" is vague and ambiguous. He is not one to vote a nunc pro tunc resolution and say that it matches the 311 feet. What the Council should do is give everyone an opportunity to be heard and that a public hearing he held on the issue of whether or not the Council is going to make the developer lower the wing portions. In reading the minutes, the word recess is used more than any other word. Recess to him means all seven openings whether the "wing walls" or the back side of the walls. That is his interpretation. The issue warrants another public hearing. Councilman Pickler. He does not agree that there should be another public hearing. With the footage there are seven openings and even though he would like to have more, he is going to approve the amendment. Councilman Ehrle was of the opinion that the matter should go to arbitration just as some other issues have been settled in that manner. 178 10 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-66) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-b6 for adoption. Refer to Resolution Book. RESOLUTION NO. 88R-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDINGRESOLUTION NO. 87R-492, NUNCPRO TUNC. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Pickler and Bay Ehrle and Hunter None The Mayor declared Resolution No. 88R-66 duly passed and adopted. 175.]23: EDISON ANAHEIM AMF2qDMENTS TO TRANSMISSION SERVICE AND INTERRUPTIBLE TRANSMISSION AGREEMENTS: Councilman Bay moved to approve (1) Amendment No. 1 to the Edison-Anaheim Intermountain Power Project (IPP) Firm Transmission Service Agreement, and (2) Amendment No. 3 to the Edison-Anaheim Interruptible Transmission (ITS) agreements, as recommended in memorandum dated January 22, 1988 from the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held February l, 1988, pertaining to the following applications were submitted for City Council information. TENTATIVE MAP, TRACT NO. 12619: C.J. Queyrel, Request is for an extension of time to comply with conditions of approval on property located southwesterly of the intersection of Silver Dollar Lane and Eucalyptus Drive. The City Planning Commission approved an extension of time to expire February 3, 1989. 2. NOTICE FROM STATE OF CALIFORNIA - OPERATION OF A PAROLE OFFICE AT AT 1400 NORTH BURTON PLACE: The City Planning Commission recommends that the City Council inform the State Department of General Services that the operation of a State Parole Office at 1400 North Burton Place is not consistent with the City's General Plan designation (General Industrial) and Zoning (Industrial, Limited) for the site, and further that should they wish to pursue their proposal they should proceed with a Conditional Use Permit application to provide an opportunity for the surrounding property owners to be informed and to comment on the proposed use. 179 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. City Attorney Jack White. He does not have a problem with the first part of the recommendation, that the proposed use is not consistent with the City's General Plan designation. However, he does not agree with the second part that if the State wishes to pursue their proposal, they should ~roceed to file a CUP application with the City of Anaheim. Legally, the State is not required to comply with City zoning in connection with locating a state facility. The City can ask them to comply and the State would have a choice of whether to file or not. If they did and the Planning Commission or Council denied the use or, if approved, they would have to comply with conditions imposed, under both scenarios, that would not be the case. While the Council could request them to comply, he is not sure legally that would be the wisest course of action. Mayor Bay. He agrees with the City Attorney. The State should be notified that what they are proposing is not consistent but there is no way the City can force the State to apply for, or enforce a CUP. MOTION: Councilwoman Kaywood moved that the City inform the State that their intention to operate a Parol Office at 1400 North Burton Place is not consistent with the City's General Plan. Councilman Hunter seconded the motion. Before action was taken, City Attorney White clarified that there are two different avenues they could pursue - determine if the State is complying with the CEQA to determine whether they have done an EIR or a Negative Declaration and if there is a problem in that regard, that they be notified. Secondly, some research could be done with regard to the site as to potential deed restrictions or other conditions that might exist. After further discussion on the issue, a vote was taken on the foregoing motion. MOTION CARRIED. 179: REVIEW OF THE ZONING ADMINISTRATOR'S DECISIONS - JANUARY 28, i988: 1. VARIANCE NO. 3712, EIR CATEGORICAL EXEMPTION CLASS 5 ® OWNER: Gary Richard Johnson, 268 Flower Street, Costa Mesa, 92627 LOCATION: 2200 South Loara Street Waiver of minimum structural setback to retain a trash enclosure in a front yard. Decision No. ZA88-01 - Approved in part. CEQA FINDING: Categorical Exemption approved. VARIANCE NO. 3752, EIR- NEGATIVE DECLARATION: OWNERS: Arnt G. Quist, 3737 Birch Street, Suite 200, N.B. 97660 AGENT: E1 Centro Foods, 693042 Tujunga Avenue, N. Hollywood 91605 LOCATION: 300 South Anaheim Boulevard Waiver of required number of parking spaces to permit a take-out restaurant in a proposed commercial center. Decision No. ZA88-02 approved Variance No. 3752. CEQA FINDING: Negative Declaration approved. 180 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. The decision of the Zoning Administrator on Variance No. 3752 was set for a public hearing at the request of Councilwoman Kaywood. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held January 18, 1988, pertaining to the following applications were submitted for City Council information. The following items were considered by the Planning Commission at their meeting held January 18, 1988 and are considered final and effective unless an appeal is filed prior to 5:00 p.m. this date or a member of the City Council sets an item for Public Hearing. GENERAL PLAN AMENDMENT NO. 224 (READVERTISED) CEQA FINDING: Negative Declaration INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: Subject study area is in the vicinity of Weir Canyon Road and Monte Vista Road To consider an amendment to the General Plan proposing the designation of a police station in the vicinity of Weir Canyon Road and Monte Vista Road. APPROVAL recommended by the City Planning Commission, PC88-21, in accordance with Exhibit A. Negative Declaration approved. 2. SPECIFIC PLAN NO. 88-01 SPECIFIC PLAN ZONING AND DEVELOPMENT STANDARDS ENVIRONMENTAL IMPACT REPORT NO. 283 OWNERS: RICHARD ~].IAN WAIJ.ACE, ET AL., c/o The Register, 625 N. Grand Avenue, Santa Aha, CA 92711 AGENTS:FRANK ELFEND, ELFEND AND ASSOCIATES, 1151 Dove Street, Suite 130, Newport Beach, CA 92660 LOCATION: Subject location is approximately 325 acres located southeast of the southerly terminus of Weir Canyon Road & southwest of Santa Aha Canyon Road, Sycamore Canyon (Formerly Wallace Ranch) Request for adoption of a Specific Plan including zoning and development standards, and a Public Facilities Plan and to consider a Fiscal Impact Analysis for the Sycamore Canyon Development to provide for the development of up to 1~119 residential units~ 20 acres of commercial uses~ 133 acres of general open space (including 2 parks) and a junior high school. APPROVAL RECOMMENDED for Specific Plan 88-01, PC88-22 APPROVAL RECOMMENDED for Zoning & Development Standards, PC88-23. CEQA FINDINGS: EIR NO. 283 Certified RECOMMENDATION OF THE PLANNING COMMISSION: That the City Council review these actions. Public Hearing scheduled this date, see page 17. City Planning Commission requested City Council review of these applications, public hearing scheduled this date. See public hearing portion of today's agenda. 181 City Hall, Anaheim, California - COUNCIL MINUTES - February 9~ 1988~ 1:30 P.M. 3. GENERAL PLAN AMENDMENT NO. 237 RECLASSIFICATION NO. 87-88-24~ CONDITIONAL USE PERMIT NO. 2970,VARIANCE NO. 3746 - CEQA FINDING: NEGATIVE DECLARATION: o OWNER: ANGELO BRUTOCA0 ET. AL., 2240 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: HUGO A. VAZQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92801 LOCATION: 1925 W. Lincoln Avenue To consider an amendment to the General Plan to redesignate subject property from General Commercial land uses to Medium Density Residential land uses. CL to RM-1200 or a less intense zone. Waivers of (a) maximum fence height, (b) minimum building site area per dwelling unit, (c) maximum structural height and (d) minimum distance between buildings to construct a 220-unit, 58-foot high, 4 to 6-story "affordable" apartment complex. City Planning Commission requested City Council review of these applications, public hearing scheduled this date. See public hearing portion of today's agenda. PUBLIC HEARING CONTINUED: APPROVED GPA 237 by the City Planning Commission, PC88-24, Exhibit A. APPROVED RECLASSIFICATION 87-88-24, by City Planning Commission PC88-25 GRANTED VARIANCE NO. 3746, by City Planning Commission PC88-26 (CONDITIONAL USE PERMIT NO. 2970 Withdrawn) Negative Declaration approved. The above items were appealed by the Agent, Hugo Vazquez, and Public Hearing scheduled this date. 5. RECLASSIFICATION NO. 87-88-37 - CEQA FINDING: NEGATIVE DECLARATION: OWNERS: AUGUSTIN V. LOPEZ AND ZELFA D. LOPEZ, 905 S. Euclid, Anaheim, CA 92805 AGENTS: T.A.S.B. INC., 15935 San Miguel, La Mirada, CA 90638 LOCATION: 1124-1126 West Center Street CG TO RM-1200 or a less intense zone to construct a 5-unit apartment building. RECI~SSIFICATION 87-88-37 DENIED by the City Planning Commission, PC88-27 Ne§ative Declaration approved. 6. RECLASSIFICATION NO. 87-88-38~ VARIANCE NO. 3745 - CEQA FINDING: NEGATIVE DECLARATION: OWNERS: RONALD T. BOSWRI.T. AND TESTA ALMAEMMA BOSW~.L]., 2033 Park Ridge, Norco, CA 91763, ATTN: MARY LOUISE PLICET, 19811 Burliegh Street, Yorba Linda, CA 92686 AGENTS: SAMAN CONSTRUCTION, 1240 N. Van Buren, Ste. 101, Anaheim, CA 92807 ATTN: RAFAT SAMAN LOCATION: 2011 and 2017 West Ball Road RS-A-43,000 to RM-1200 or a less intense zone. ~aiver of maximum structural height to construct a 28-unit, 3-story apartment complex. 182 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. GRANTED RECLASS. NO. 87-88-38 to RM-2400, City Planning Commission, PC88-28 DENIED VARIANCE NO. 3745, City Planning Commission, PC88-29. Negative Declaration approved. 7. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PF/LMIT NO. 2976 - CEQA FINDING: NEGATIVE DECLARATION: OWNER: PAUL REYNOLDS ET. AL., P.O. BOX 10534, Newport Beach, CA 92658 AGENT: ELBERTASHLAND, 13191 Gilbert Street, Garden Grove, CA 92644 LOCATION: 421 E. Cerritos Avenue To permit repair of rental automobiles with waivers of (a) minimum landscaped setback, (b) minimum number and type of parking spaces, and (c) minimum dimension of parallel parking spaces. GRANTED by the City Planning Commission, PC88-30. Negative Declaration approved. 8. CONDITIONAL USE PERMIT NO. 2978 - CEQA FINDING: NEGATIVE DECLARATION: OWNERS: CANYON ACRES RESIDENTIAL CENTER INC., 233 S. Quintana, Anaheim, CA 92806 ATTN: DANIEL MC QUAID LOCATION: 233 S. quintana (Canyon Acres Residential Center) To expand an existing boarding and lodging home for 40 dependent children, including the construction of 3 additional 10-bedroom residences, a garage storage building and conversion of an existing ranch house into an office and multipurpose administrative building. GRANTED by the City Planning Commission, PC88-31. Negative Declaration approved. 9. CONDITIONAL USE PERMIT 2979 - CEQA FINDING: NEGATIVE DECLARATION: OWNERS: JAMES W. DENNEHY AND CYNTHIA L. DENNEHY, 1915 0rangewood Avenue, Orange, CA 92668 AGENTS: ONSHORE INVESTMENT LAND INC., 110 W. Ocean Boulevard, #354, Long Beach, CA 90802 LOCATION: 2060 S. Santa Cruz Avenue To permit a ch/id care nursey for a maximum of 164 children. GRANTED by the City Planning Commission, PC88-32. Negative Declaration approved. 10. CONDITIONAL USE PERMIT NO. 2980 - CEQA FINDING: NEGATIVE DECLARATION: OWNERS: ROBERT F. LOTT JR. AND PATRICIA J. LOTT, 2830 E. Miraloma Avenue, Anaheim, CA 92806 LOCATION: 2830 East Miraloma Avenue To permit accessory retail sales in conjunction with an existing contractor's supply business. GRANTED by the City Planning Commission, PC88-33. Negative Declaration approved. 183 71 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. 11. RECLASSIFICATION NO. 87-88-18, VARIANCE NO. 3710 - CEQA FINDING: NEGATIVE DECLARATION: --U~ SPIROS GIANNOUTSOS, 1469 Alabama Lane, Pitts., Pennsylvania 15216, WILLIAM T. & MELANIE C. BRAND, 10712 Hastings Dr., Villa Park, CA 92667, & RAYMOND JAMES & ELSA PARADA LINEHAN, 741 N. East St., Anaheim, CA 92805 AGENTS: NARAYAN DEVELOPMENT CORPORATION, 12631 Newport Avenue, Suite 204, Tustin, CA 92680 ATTN: BANJIT NARAYAN LOCATION: 741, 747, and 755 North East Street RS-7200 to RM-1200 or a less intense zone. Waiver of maximum structural height to construct a 3-story (including below grade parking level), 25-unit apartment complex. The City Planning Commission permitted the applicant to withdraw these applications. 12. PLANNING COMMISSION REPORTS AND RECOMMF2NDATIONS me VARIANCE NO. 3265 - Request from Dennis Dutt for retroactive extension o£ time to comply with conditions of approval for Variance No. 3265, property is located at 1005 North Whittier Street. B. GENERAL PLAN AMENDMENTANDRECLASSIFICATION AMENDED STUDY AREA - Planning Commission Consideration of an amended study area generally bounded by Anaheim Boulevard, Cypress Street, the Union Pacific Railway and La Pa]ma Avenue, (excluding the area bounded by Wilhe]mina Street, Sabina Street, Sycamore Street and the Union Pacific Railway). Planning Commission instructed Staff to amend the Study Area, and to initiate the General Plan Amendment and Reclassification Studies. 13. RECLASSIFICATION NO. 87-88-31, VARIANCE NO. 3735: OWNERS: 13222 CHAPMAN, 4201 W. Chapman Ave., Orange, CA 92668 AGENT: ANDREW HOMES, 4000 MacArthur Blvd., #680, Newport Beach, CA 92660, ATTN: MIKE NAWAR LOCATION: 2100 S. Lewis Street RS-A-43,000 to RM-lZOU 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 side yard setback to construct a 162-unit, 3 and 4 story affordable apartment complex. GRANTED RECLASSIFICATION NO. 87-88-31, by the City Planning Commission PC88-34 G~ANTED VARIANCE NO. 3735, by the City Planning Commission, PC88-35. The Planning Commission's decision was appealed by the Applicant and, therefor, a public hearing would be scheduled at a later date. End of Planning Commission Informational Items. 184 City Hall, Anaheim, California - COUNCIL MINUTES - February 9~ 1988~ 1:30 P.M. 179: CONSIDERATION OF PROPOSED REVISIONS TO BIT.I.ROARD REGULATIONS: Proposed revisions to Billboard Regulations, submitted as draft ordinances as requested by the City Council at their meeting held January 12, 1988. Submitted was report dated January 27, 1988 from the City Attorney, along with three proposed draft ordinances. The report contained the main features of the proposed ordinances. He also noted two minor typographical corrections contained in the report which had since been corrected. Mayor Bay. The matter was put on the agenda today for the Council to take a look at the ordinances as drafted and to discuss the possibility of changes in the City's billboard ordinances. Also he has no problem with public input, but until something is proposed, he does not feel it should be opened up until a majority of the Council recommends something. Otherwise he does not know how they can get around to debating the issue. Councilman Pickler. One company has asked the City to change the ordinance. If they do not get input from the other companies and the citizens along with Regency, he has a problem with that. In order to put the ordinance together they need to have input from all aspects and that has been his contention from the beginning. He does not want to see billboards on the freeway and would like to keep them to a minimum in the City. He is not ready even at this time to have a first reading of an ordinance. The matter should be set so that public input can be received. Council Members Hunter, Kaywood and Ehrle each reiterated their stand relative to the billboard issue as expressed in prior meetings. At the conclusion of discussion, Councilman Pickler emphasized, as did Councilwoman Kaywood, the fact that the Council can make any changes such as restructuring business license fees, eliminating or limiting inner City boards, etc. without allowing additional freeway boards. Allowing additional freeway boards for one company who does not have any boards in the inner City is going to extremes. It is necessary that a public hearing be held. Mayor Bay. He does not disagree with Councilman Pickler's arguments but until an issue is stated clearly he does not know how advertising could be done for a public hearing. He has never seen a letter from anyone favoring billboards except those who are involved with or are in the business of billboards. The question that has to be defined - what is the Council proposing as the issue - freeway boards~ revenue from freeway boards to compensate for removal o~ inner City boards, etc. It is necessary to formulate a plan because nothing has been done to reduce the number of boards in the City. It is possible allowing freeway boards and increasing revenues which can be used for the removal of non-conforming boards in the future, in ten years they may be down to 50 or 75 boards instead of the present 154 or maybe in 20 years there will be none at all. After further discussion, it was determined that public input would be received today from those who wished to speak to the issue. Before doing so, Councilman Pickler moved that the issue be tabled until the time the Council holds a public hearing instead of going through all the rhetoric now. No action was taken. 185 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988~ 1:30 P.M. Margorie Hamilton, 665 Westwood. She is extremely opposed to any more billboards in the City of Anaheim or along freeways. If the object is increased revenues, she is certain there are other ways without adding eyesores to the City. Ann Bien, representing the Broadmoor-Northridge Homeowners Association consisting of 228 homes. Ail are opposed to the change which might come about. She will reserve any further comments for a public hearing. She thereupon submitted letters from the Homeowners Association expressing opposition. Francis Nutto, 621 Jambolaya. Billboards are a complicated issue. He reco,~ended the establishment of a committee to study the matter and let the committee spend all the time they need to define and resign the issues and bring them back to the Council. Marilyn Ryan, property owner in Anaheim and Vice-President of Coast Advertising in Fullerton. She submitted a document to the Council which stated Coast Advertising's position strongly opposing, "the drafting of any new outdoor advertising ordinance which would allow the phasing out of surface locations and permitting freeway locations unless the new ordinance stipulates substituting a street location for a freeway location." She read the document in full (made a part of the record) which included on Page 2 Proposal for New Ordinance Regarding Billboard Advertising containing four items which Coast Advertising would want incorporated in any new ordinance. James F. Abbott, President of Coast Advertising. Coast has no objection to paying more revenue for the privilege of maintaining their billboards in Anaheim. They are asking for a fair and equitable ordinance. They are willing to relinquish their surface locations if they could have some freeway locations. At the conclusion of input, Councilman Bay moved that discussion and consideration of billboard regulations be continued one week. Councilwoman Kaywood seconded the motion. MOTION CARRIED. RECESS: By general consent, the Council recessed for 10 minutes. (3:17 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members beln~ present. (3:40 p.m.) 179: PUBLIC HEARJ_NG - MODIFICATION OF CONDITION, CONDITIONAL USE PERMIT NO. 2607: APPLICANT: Chinese Baptist Church 412 East Broadway Anaheim, Ca. 92805 REQUEST/ZONING/LOCATION: To consider the modification of Condition No. 2a of City Council Resolution No. 85R-83 which requires the dedication of a strip of land 28 feet in width from the centerline of the street along Broadway and 44 feet in width from the centerline of the street along Olive Street, for street widening purposes. 186 ?0 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. The Conditional Use Permit was granted February 12, 1985. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 28, 1988. Posting of property January 29, 1988. Mailing to property owners within 300 feet - January 28, 1988. APPLICANT'S STATEMENT: Joan Virginia Allen, Farano & Kieviet, representing the Chinese Baptist Church. Their letter of February 4, 1988 requested that the City could claim the extra 12 feet on Olive Street back to the Chinese Baptist Church. They also would like to have the condition in 2b removed or rephrased so that it will omit any reference to Olive Street being widened. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Bay closed the public hearing. Paul Singer, Traffic Engineer. He explained for Councilwoman Kaywood the widening of Olive Street is no longer contemplated as it was when the project was first presented. Therefore, the right-of-way can now be quit-claimed back to the applicant and the dedication can be 32 feet instead of 44 feet. The Broadway widening is still in effect and no change is anticipated. Councilwoman Kaywood. She asked if the applicant was now planning to install more of a landscaped setback since the dedication is being decreased and if it would now be possible to have landscaping with the parking behind it. Joan Allan. They will abide by Council decision. If possible to get additional parking spaces through maintaining the waiver, they would prefer to do that. Their only position today was to have the 12 feet quit-claimed back. They will look at the matter with their architect, traffic and planning. City Attorney, Jack White. Answering Mayor Bay, the applicant has requested that, rather than an abandonment, the 12 feet be handled through a quit-claimed deed. It is his opinion that it can be done through that process. A resolution is necessary to amend the 187 67 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988~ 1:30 P.M. condition from 44 feet to 32 feet and secondly a motion is necessary to approve a quit-claim deed for 12 feet along Olive Street to be deeded back to the applicant and authorizing the Mayor and City Clerk to sign the deed. Joan Allan. She has no disagreement with that. Also Condition No. 2b should be revised to omit the reference to Olive street being widened; City Attorney White had no problem with that being done. Counciiwoman Kaywood. She reiterated they were given a waiver of landscaping because of dedication and footage. If they are not going to have to dedicate, then there should be landscaping installed. Joan Allan. When they talk to the architect they can work the landscaping out with the Planning Department and have it subject to their approval. Joel Fick, Planning Director. Planning Staff will be happy to work with them at Council's direction. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-68) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-68 for adoption, approving modifications of condition to Resolution No. 85R-83 as follows: Amending Condition No. 2a, changing 44 feet to 32 feet and Condition No. 2b deleting, "and 0live Street." Refer to Resolution Book. RESOLUTION NO. 88R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMEAFOMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2607 AND AMENDINGRESOLUTION NO. 85R-§3. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-68 duly passed and adopted. MOTION: Councilman Bay moved to approve a quit-claim deed for the 12 feet of land along Olive Street. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 188 City Hall, AnAheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. Councilwoman Kaywood moved that more landscaping be included subject to an agreement with the PlAnning Department; motion died for lack of a second. Councilman Pickler did not feel that action was necessary. The Council had made its intention clear. 155: PUBLIC HEARING - SPECIFIC PLAN N0. 88-01, SPECIFIC PLAN ZONING AND DEVELOPMENT STANDARDS - ENVIRONMENTAL IMPACT REPORT NO. 283: APPLICANT: Richard Allan Wallace, et al., c/o The Register 625 N. Grand Avenue, Santa Aha, CA 9271i Agents: Frank Elfend, Eifend and Associates, ilS1 Dove Street, Suite 130, Newport Beach, CA 92660 LOCATION: Subject location is approximately 325 acres located southeast of the southerly terminus of Weir Canyon Road & southwest of Santa Ana Canyon Road, Sycamore Canyon (Formerly Wallace Ranch). Request for adoption of a Specific Plan including zoning and development standards, and a Public Facilities Plan and to consider a Fiscal Impact Analysis for the Sycamore Canyon Development to provide for the development of up to 1,119 residential units, 20 acres of commercial uses, 133 acres of general open space (including 2 parks) and a junior high school. PLANNING COMMISSION ACTION: The City Planning Commission recommended approval of Specific Plan No. 88-01 including Public Facilities Plan, PC88-22 by Council adoption of an ordinance, and further recommended approval of the Specific Plan Zoning and Development Standards, and certified EIR No. 283. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 28, 1988. Posting of property January 29, 1988. Mailing to property owners within 300 feet - January 28, 1988. PLANNING STAFF INPUT: See extensive Staff Report to the Planning Commission dated January 18, 1988 which included 141 staff recommended conditions of approval. APPLICANT'S STATEMENT: Frank Elfend, Elfend and Associates, Planning Consultants for the §ycamore Canyon Project. He introduced members of his staff and other principals who were present in the Chamber audience. He expressed his appreciation for the positive relationship with the City and staff and thanked them for the time and effort expended. They have been working on the project since late 1986 in preparing a comprehensive land use plan. They have prepared a presentation to communicate the planning and development process for the Sycamore Canyon specific plan. He then explained why they chose the specific plan process for the project as outlined in staff's report to the Council dated January 18, 1988. Mr. Elfend then narrated a slide presentation showing vicinity maps, explaining the planning and development process, production type in the 189 City Hall, Anaheim, California - COUNCIL MINUTES - February 9~ 1988~ 1:30 P.M. nine development areas etc. (See s-mmmry booklet - Sycamore Canyon - Woodcrest Development Incorporated, the developer and actual builder of the project -made a part of the record - which contained hard copies of most of the slides in Mr. Elfend's presentation. After his slide presentation and detailed explanation of the project, Mr. Elfend referred to the staff recommended conditions of approval which they had worked out with staff. (Mary McCloskey, Senior Planner submitted the conditions to Council Members). These included five items proposed to be amended, deleted or added to the 14i conditions imposed on the project. On a separate sheet was a listing of Condition No. 24 - a condition that both Woodcrest and Kaufman & Broad (K&B) have negotiated regarding reimbursements to their property. The condition has been accepted by K&B based on the understanding that the water and drainage fees are funded by Code established fees. The items are ones which they have agreed upon with staff and will then be included in the conditions of approval. Two other items they would like to approach - (1) any condition included in the conditions of approval regarding the formation of any assessment district. At present staff is suggesting any assessment district be formed prior to the recordation of the first final map. They believe that is an undue burden created upon the developer and are recommending instead that the assessment district process be initiated prior to the final map, and completed prior to the first Certificate of Occupancy. Mayor Bay. He has a problem with that. Unless the assessment district is created and the assessments known prior to sale rather than occupancy, he does not know how the owner who is buying the home is going to be aware of the assessment. Mr. Elfend. They would have no objection to that - that the assessment district be created prior to sale instead of prior to OCcupancy. The second item was brought to his attention today relative to area no. 8. There should have been a development standard providing for a 40% lot coverage as a development standard for development area no. 8. They want to be able to put a quality house of a larger nature on a 5,000 square foot lot which is more than other development standards. It was accidentally omitted. Those were the only other two comments that he has. He would be happy to answer any questions. City Attorney White. Relative to deferral of the creation of the assessment districts until occupancy or sale of the homes as opposed to the current condition that requires assessment districts be created prior to first final tract map, he recommends that condition not be 190 City Hall, Anaheim, California - COUNCIL MINUTES - February 9~ 1988, 1:30 P.M. changed. It is not currently known what type of assessment districts will be formed. It is possible once final tract maps are recorded, those individual lots can be sold irrespective of whether a house is ever built on any of them. It is also possible they could be dealing with up to 1,i00 different property owners in the formation of an assessment district. Further, assuming the districts are not yet finalized but that the properties are all in escrow, he can envision a situation where there is a an unconscionable amount of pressure brought to bear both upon the City staff and Council relating to finalization of those assessment districts. There will be serious time pressure relating to properties that may be in ~scrow that cannot close until the district is actually finalized. For those two reasons, he would not be in a position to recommend that the Council change the existing condition of the timing of the assessment district. Frank Elfend. They would accept a condition which would specify that before there would be any sale of the lots that the districts be in place. There is no intent other than it is purely a timing consideration in being able to get the assessment districts in creation before there is any great need. City Attorney White. He has not changed his recommendation in spite of Mr. Elfend's offer. The time schedule conditions are often tied to after the tract maps are recorded, the next milestone being the issuance of building permits. After that, the only one left to tie conditions to is the Certificate of Occupancy. Mr. Elfend. There are several conditions which require the formation of a covenant to be provided indicating non-objection to the formation of any assessment district. In the conditions right now there is an adequate amount of protection as it relates to the formation of covenants in that regard. In the conditions of approval right now, there are two conditions providing for that which they have asked for where the formation would be at a later date. The problem is the timing involved. If the condition is tied to the final map, it will be difficult if not impossible to move forward with certain items until that is met. Discussion followed between Council Members and staff regarding that specific condition and Mr. Elfend's request for modification at the conclusion of which, City Attorney White stated in a spirit of compromise, he would suggest a change in the wording, leaving the current wording as to the timing, but providing such wording - "unless such other time is approved by the City Council." If that eventuality comes, they can look at it and have the time to reflect upon what protections are needed and make a decision at that time. 19i City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. Mayor Bay. That would involve an amendment to Condition No. 11 on Page 8; Mr. Elfend stated it would in essence be an amendment to any condition where that is so designated in addition to Condition No. 11. Mayor Bay. Out of 141 conditions, Mr. Elfend is asking for some flexibility in Condition No. i1 and technical changes in agreement to Condition No. 44. Frank Elfend. He answered yes and the conditions that were submitted to the Council by staff in addition to Condition No. 24 and an addition adding that development standard for development area 8 on 40% lot coverage. That is it. Joel Fick, Planning Director. The items distributed by staff reflect meetings and agreements which have been reached as late as this morning. The first page identified as point 1 and 2, addresses the City's working with the developer to permit the filing and processing of what is called a financing parcel map. At the Planning Commission hearing, the legal language to provide the City with a comfort level and letting the financing parcel map proceed had not yet been completed. That issue has since been resolved and Item Nos. 1 and 2 reflect not only the wording but the agreement reached. Relative to Item No. 3 - staff is in agreement that condition can be deleted (Condition No. 95) with the understanding a tree removal plan will be submitted. Item No. 4 indicates a change to Condition No. 21. All that does is add the words, Tract No. 12994 to that condition. Staff is in agreement. Item No. 3 - there are two changes to the parking standard (guest parking). It now reads .25 both in the specific plan and in the existing zoning standard. Staff is in agreement there as well. In development area 9 there was a typographical error in the staff report that nobody noticed until yesterday. The minimum square footage for the lot area is 4,000 square feet and 3,500 feet is proposed similar to other development areas for RS-5,000 zoning. Relative to Condition No. 24, it reflects the agreement reached between Kaufman & Broad and Woodcrest regarding reimbursement for facilities that have already been constructed or provided for within the Bauer Ranch development. Both Woodcrest and K&B are in agreement with that amended language. 192 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. Two additional items were mentioned, the first being the assessment district timing which was already discussed. Finally, Mr. Elfend identified the standard for coverage for development area 8 in the RS-5,000 zone. Apparently that was not submitted in the original specific plan request. The coverage requirement proposed today is consistent with, and even not as wide a variance, as proposed in several of the other development areas with similar zoning. It is compatible with the proposal and the other development areas. Mayor Bay asked if anyone wished to speak either in favor or in opposition. There being no response, he closed the public hearing. Councilwoman Kaywood then posed questions to staff regarding park sites, the four corners pipeline and the width of the private streets which were answered by appropriate staff members. At the conclusion of discussion, the following actions were taken by the Council: ENVIRONMENTAL IMPACT REPORT NO. 283 - CERTIFICATION: Environmental Impact Report No. 283, having been reviewed by City staff and recommended by the City Planning Commission to be in compliance with City and State guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify on motion by Councilman Pickler, seconded by Councilman Bay, that Environmental Impact Report No. 283 is in compliance with City and State guidelines and adopting a Statement of Overriding Considerations Nos. 1 through 5, Page 10 of staff report to the Planning Commission dated January 18, 1988. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The title of the following resolutions were read by the City Clerk. (Resolution Nos. 88R-69 and 88R-70) Councilman Bay moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARILIED. Councilman Pickler offered Resolution No. 88R-69 for adoption, approving Specific Plan No. 88-01~ Exhibit A and Resolution No. 88R-70 for adoption, approving Speci£ic Plan zonin~ and development standards includin~ the specific findings as required and set forth in Section 18.93.070 of the Gode, also including the amendments submitted by staff Item Nos. l, 2, 3, 4 and 5 as discussed as well as approval of the coverage requirement in development area 8 as requested by the developer and the change to Condition No. 24 as stated per the agreement between Kaufman & Broad and Woodcrest, including the additional language on Condition No. 11 . . . or at such other later time as may be approved by the City Council." Refer to Resolution Book. RESOLUTION NO. 88R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING SPECIFIC PLAN NO. 88-1, EXHIBIT A, (INCLUDING A PUBLIC FACILITIES PlAN SECTION) FOR SYCAMORE CANYON. 193 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. RESOLUTION NO. 88R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAM~.IM APPROVING ZONING AND DEVELOPMENT STANDARDS RELATING TO SPECIFIC PLAN 88-01 FOR SYCAMORE CANYON. Before a vote was taken, Mr. Fick stated the only other thing he was going to add was that there are several conditions that do address assessment districts and relative to those conditions that the same wording be incorporated into all as appropriate; Mr. Elfend stated he was agreeable. Roll Call Vote: AYES: COUNCIL MEMERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-69 and 88R-70 duly passed and adopted. MOTION: Councilman Bay moved to direct the City Attorney to prepare an ordinance for Specific Plan Zoning and Development. Councilwoman Kaywood seconded the motion. MOTION CAR/tIED. Before concluding, Mayor Bay thanked all representatives of the developers who were present today, as well as staff members for all their work bringing approval of the development to fruition today. The Council is most appreciative that not problems but solutions were brought forth enabling Council approval without prolonged or additional hearings. Frank Elfend. He agreed. It is a much more pleasurable experience when the principals can agree on everything and not have to bring issues before the Council for solutions as was the experience in the past. RECESS: By general consent, the Council recessed for 10 minutes. (4:45 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:04 p.m.) Since all of the principals were not present for the next and last public hearing, the hearing was tabled temporarily and other scheduled items on the agenda discussed awaiting their arrival. 127: PROPOSED FORMATION OF A CHARTER BLUE RIBBON COMMITTEE: Councilman William Ehrle. At the prior meeting, he asked that the subject be placed on the agenda in order to present to the voters in the November Presidential Election proposed changes to the City Charter. The most important reason for doing so is to keep a campaign promise to bring local government closer and more accessible to the people. He then read from a prepared statement the justification for his proposal at this time. He subsequently offered for discussion the creation of a 1988 Charter review committee composed of a broad 194 City Hall, AnAheim, California - COUNCIL MINUTES - February 9~ 1988, 1:30 P.M. base of representation from the community, specifically a committee structured similar to the first official committee of 1976, consisting of 16-members with 16 alternates as follows: Ten (10) Council appointees, 2 for each Council Member (one member - one alternate) and one representative from each of the following organizations: Anaheim Hills Citizens Coalition, H.O.M.E., H.0.M.E. 65 or Los Amigos, Anaheim Political Action Committee (Mobilehome Parks), Anaheim Neighborhood Association and the Anaheim Chamber of Commerce. Mayor Bay. There have been a number of Charter Committees formed in the past. In 1978, he was the Chairman of a 12 or 16-member Charter Review Committee that took the Charter under review for three months of concentrated work sessions. The Committee came back to the Council with 14 recommendations, of which two were accepted dealing with new financing tools for the Utilities Department. The Charter has also been reviewed without the Council appointing committees. One of the recommendations was the possibilities of changing the salaries of the City Council. The final decision was that was not a good idea since it would require a great deal of re-educating the populace on where the Charter came from and what it stands for and that it would very likely fail. They came to the conclusion that it was not necessary to change the Charter. Cities that have Redevelopment Agencies and Housing Authorities all over the county pay compensation to their Council Members who serve on those bodies. That, in effect, was their conclusion that the Council could raise its compensation without changing the Charter or a vote of the people. The Mayor then gave the reasons he did not favor the formation of a Charter Review Committee at this time. He specifically spoke against the possibilities previously mentioned by Councilman Ehrle at prior meetings such as considering the formation of Councilmanic districts or increasing the Council to seven members. He added that he also never favored the direct election of the Mayor. Under the City Council/Manager form of government, the Mayor should be chosen by a majority vote of the Council Members, and that position rotated. He firmly believes in the City's present form of government where Council Members act as the Board of Directors or policy makers to professionals. He is opposed to tinkering with the Constitution of the City, the Charter, which he has defended ever since he has been a Council Member. It is not the time when the City is faced with many other problems that are not yet resolved. Setting up a committee, particularly a committee with membership as recommended by Councilman Ehrle, he does not favor major changes in a form of §overnmeut which he feels does represent and responds to the people. Councilman Ehrle. After responding to some of the Mayor's comments he moved for the formation of a 1988 Charter Review committee without specifying the membership structure. Councilman Hunter seconded the motion. Before a vote was taken, Councilman Ehrle asked that a letter received from Robert Kuznik of the An-heim Chamber of Commerce be placed into the record indicating his support of and willingness to participate in such a committee. Councilman Hunter clarified that although he seconded the motion, he agrees with the Mayor in some areas. He is not certain that increasing the Council 195 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. to s~ven members would be positive, nor the formation of Councilmanic districts. It is possible that positive suggestions could come from a Charter Review Committee. Councilwoman Kaywood. She would be opposed to forming such a committee at this time. She agreed with almost everything the Mayor said other than the salaries. The Mayor was her appointee on the 1978 Charter Review Committee. It was a very thorough and in depth study with very high-powered people from all parts of the City. The two items suggested relative to Utility financing came from the Department itself. It would not be up to any committee to suggest that a department should work a different way. A 7-member Council and Councilmanic districts have always been rejected. It is only necessary to look to the County Board of Supervisors who represent districts and the one issue of the jail to know why districts do not work. Individuals are interested more in getting elected in their districts rather than looking at the entire picture and what is best for all. Councilman Pickler. He has no problem putting something on the ballot if it is worthwhile and would like to look at the pay issue on the ballot. Otherwise, he feels there is nothing they have talked about that warrants a Charter Review Committee at this time. A vote was then taken on the foregoing motion to form a 1988 Charter Review Committee and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle and Hunter Kaywood, Pickler and Bay None 179: STATUS REPORT - ORANGE COUNTY STEEL SALVAGE: Submitted was report dated February 4, 1988 from the Code Enforcement Manager, John Poole, for information purposes. Subject: Update regarding Orange County Steel Salvage, located at 3200 E. Frontera Road, Anaheim. John Poole, Code Enforcement Manager. Staff has met with the various agencies involved and with Mr. Adams. He feels there is a solution to the number one problem, the potential fire hazard. He talked with the State Attorney General's Office wanting to modify the preliminary injunction under which Mr. Adams' is currently operating. Mr. Poole then referred to the letter submitted to the State Health Department dated February 4, 1988 and read the six conditions contained therein which he recommended be added to the preliminary injunction (made a part of the record). The Attorney General's Office is going to Court to impose the conditions through the preliminary injunction. He has discussed this with Mr. Adams. George Adams, President - Orange County Steel Salvage. He is in agreement with everything. Relative to Item No. 4, he has spoken with Mr. Poole and Fire Marshal Dory. The 50-foot barrier on the west side of the pile, the shredder and processing equipment is approximately 20 feet away from the pile. They can maintain the 50 feet except where the City and Fire Marshall 196 City ~,ll, AnAheim, Callfornia - COUNCIL MINUTES - February 9, 1988~ 1:30 P.M. agree that a shorter distance is acceptable. It is impossible for him to get the 50 feet on the one side of the pile. They are going to slope and reshape the pile to make it safe and more manageable. They are in the process of doing engineering studies to see about capping the pile with the dirt. He believes he can resolve the issue with the Health Department and feels they will be in agreement with allowing the Anaheim Fire Marshall to set the boundary. Councilman Pickler. If ne could, he would close the business down. He has a report that says it is going to take 18 months before even a shovel of any of the waste pile can be moved. What the State does is their problem. He wants to incorporate the six conditions outlined in the letter to the Department of Health Services into the Conditional Use Permit that Orange County Steel Salvage has from the City of Anaheim, and if there is any violation of any one of the conditions, that the business be closed down. City Attorney White. It will be necessary to set a hearing to modify conditions of the CUP. There are two aspects to the operation, one is whether the operation continues to shred fluff which is controlled by the City and requires a CUP. If revoked, they would not have the ability to continue to operate but it would not assure or result automatically in the existing pile being removed because that is controlled by the State. Mayor Bay. He does not agree with Councilman Pickler. What staff is recommending is to take the six conditions and add them to the injunction. The Court is controlling Mr. Adams' functions. The City is involved and has concerns and want the tightest controls possible. He cannot think of a quicker way than to make the conditions a part of the injunction by the Court. MOTION: Councilman Bay moved to approve the staff recommendation requesting that the six conditions listed in the February 4, 1988 letter to the Department of Health be added to the State's preliminary injunction. Councilman Pickler seconded the motion. MOTION CARRIED. MOTION: Councilman Pickler then moved that a public hearing be set to consider modification of existing conditions of the Orange County Steel Salvage operation. Councilman Ehrle seconded the motion. Before a vote was taken, City Attorney White answering Councilwoman Kaywood, explained that if the City can get the six stipulations included in the injunction, he feels comfortable the City will have protection at that level. If the conditions are not included, the Council may want to entertain putting those in a CUP as conditions. Putting them in both places does not hurt but is not necessary. He does not know if it will offer any greater protection. A vote was then taken on the foregoing motion. MOTION CARRIED. 179: ADMINISTRATIVE ADJUSTMENT - DECISION NO. ZA 88-03, DECISION DATE FEBRUARY 5, 1988: Applicant: Ca 92804 Mr. & Mrs. Gene A. Conti, 1347 Scarborough Lane, Anaheim 197 City Hall, AnAheim, California - COUNCIL MINUTES - February 9~ 1988, 1:30 P.M. Request is for waiver of AMC Code sections 18.12.080.020 and 18.26.062.020 "Maximum Lot Coverage" to construct a 997 square foot addition to an existing single-family residence in the RS-7200 zone. (40% coverage permitted, 44% proposed). GRANTED by the Zoning Administrator (ZA 88-03). 179/142: ORDINANCE NO. 4899: Councilman Bay offered Ordinance No. 4899 for first reading. ORDINANCE NO. 4899: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO ZONING PROCEDURES. (to remove reference to transfer of zoning files from Planning to the City Clerk's Office) 179/134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 237 RECLASSIFICATION NO. 87-88-24 , CONDITIONAL USE PERMIT NO. 2970, VARIANCE NO. 3746 AND NEGATIVE DECLARATION: APPLICANT: Angelo Brutocao et. al. 2240 W. Lincoln Avenue Anaheim, CA 92801 AGENT: Hugo A. Vazquez 2240 W. Lincoln Avenue Anaheim, CA 92801 REQUEST/ZONING/LOCATION: To consider an amendment to the General Plan to redesignate subject property from General Commercial land uses to Medium Density Residential land uses. CL to RM-1200 or a less intense zone. Waivers of (a) maximum fence height, (b) minimum building site area per dwelling unit, (c) maximum structural height and (d) minimum distance between buildings to construct a 220-unit, 58-foot high, 4 to 6-story "affordable" apartment complex. PLANNING COMMISSION ACTION: The City Planning Commission approved GPA No. 237 Exhibit A; Resolution No. PC88-24 - approved Reclassification No. 87-88-24, Resolution No. PC88-25 - Conditional Use Permit No. 2970 - Withdrawn by the applicant and granted Variance No. 3746, PC88-26; approved EIRNegative Declaration approved. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 28, 1988. Posting of property January 29, 1988. Mailing to property owners within 300 feet - January 28, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 1, 1988. APPLICANT'S STATEMENT: Hugo Vazquez, 619 So. Live Oak Drive. The original proposal was a 243-unit apartment complex with mixed use which included commercial fronting on Lincoln. After 198 City Ma!I, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. two public hearings before the Planning Commission and several neighborhood meetings, it was completely redesigned to the new lower density 220-unit complex. They will also institute a new concept which will be the formation of an association such as a condominium project with bylaws. The proposed complex is "state of the art" and has not been seen in Anaheim. Ernie Vasquez, Director of Design, McClairen-Vasquez, Costa Mesa. He narrated an extensive slide presentation first showing the subject site and its location in the community via aerial and ground photos, present use on the property and the plans and renderings of the proposed use. Slides were also included of other complexes designed by his firm similar in size and scope to the proposed project (one being Seabridge Village in Huntington Beach). He also showed their previous plans which included retail use fronting on Lincoln Avenue which has since been revised. The proposal now has the 4-stories off Muller Street with 1 and 2-stories on the side adjacent to single-family residential. Shadow studies were also conducted which confirmed that there will be no intrusion relative to light from the proposed buildings on the single-family residential. The distance from the buildings on the east side of the apartments to the first house is 70 feet on average from property line to building line or 64 feet away on the front portion and 75 feet away for approximately 80% to the back. Robert E. Holland, 439 East Chapman, Orange, Attorney representing Mr. Vazquez. The concept being proposed is not addressed in the staff report to the Planning Commission. He clarified that the concept does not address the management of the apartment complex. It is a proposal wherein the apartment project of 220 units and its amenities could be kept and maintained in a proper and acceptable condition if the apartment house owners fail to maintain the apartment house and its amenities in a proper standard of repair, maintenance and cleanliness. It is a concept that has been used for many years in the development of a planned community, to~ra houses and condominiums. A recordation of declarations of the CC&R's against the land upon which the apartment houses are to be built, and in the declaration would be set forth specified standards of repair, maintenance and cleanliness with which the apartment owners would have to comply. Approval would have to be given of the proposed document by the City Attorney. The second significant element is enforcement of the declaration, and the third is notification, amendment or change. The developer proposes that the declaration contain provisions enabling the City Manager or his authorized representative, possibly the Code Enforcement Manager, to enforce the applicable provisions of the declarations of the CC&R's if not complied with. This gives teeth to the ability to do something about developments that are not kept in quality condition. 199 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: The following people from the residential area bordering the subject property expressed their opposition and noted their concerns for Council consideration: James Halbrook, 106 No. Carol Drive. He submitted approximately 146 additional signatures in opposition, in addition to those already submitted. There were only two night meetings held by the developer with the neighbors. They are opposed to the variances requested. He spoke to and gave the reasons for opposition to the requested variances. Variances are generally approved if there is a hardship on the lot and not because the developer paid too much for the land and needs to recoup his investment. Relative to the shadow study, it was conducted at 9:00 a.m. and 3:00 p.m. The people on Thalia and probably on Carol will not be able to see sunrise or sunset as soon as the building goes up. This is a very important issue to the residents. Gienda Flora, 106 No. Bernice Drive. The residents want to see Lincoln developed in a proper and orderly manner. In the slides of similar projects, she has visited the one in Huntington Beach which is on Beach Boulevard where there are no surrounding single-family dwellings. Theirs is a long established residential community. The project would be larger and more massive than anything on Lincoln Avenue until reaching the downtown area. The property does not qualify for or necessitate the use of variances. If rezoned from CL to RM-1200, the developer should only be allowed to build to the height of 1 or 2-stories. She first explained and then submitted photographs showing the area with its present land uses as well as a picture of the Huntington Beach development to convey how massive a building is being proposed. She urged that the Council not approve the project but direct that there be an overall plan for the area. The only action the Council should take at this time is to reject the proposal. Melanie Heinbruck, 123 No. Aladdin. High-rise apartments would be detrimental because there will be loss of privacy to single-family homes on Thalia, additional traffic congestion on Lincoln, additional school-aged children in the area. There are already crowded conditions at Gauer School. She asked that the Council direct the developer to resubmit a project with lower density or another type of development. A negative declaration was granted the project by the Planning Commission. She questioned how a project of the magnitude proposed could not have an impact relative to noise, traffic, generation of school-aged children and the ultimate 2OO City Hall, Anmheim, California - COUNCIL MINUTES - Februar~ 9, 1988, 1:30 P.M. impact on the residents. She would be more amenable to a lower density town home or condominium project. Ivan Hatfield, 127 No. Aladdin Drive. An apartment house development previously built in their area was approved only after the residents concerns were answered which resulted in no intrusion or detriment to their homes. He would hope the Council would also do the same in this case and have the developer build more in line with other developments in the area. He would see no problem with commercial along Lincoln. The proposed density of the complex is too high and the traffic pattern will be affected. The area needs better ingress and egress. SUMMATION BY APPLICANT: Hugo Vazquez. The Planning Commission would not have voted approval of the project if they did not see that it would bring a good quality of life to the location. They have provided over three times the required amount of recreational and leisure area. He recounted what took place at the three meetings with the neighborhood. A 75-foot high commercial building could be built on t~le site approximately 150 feet away from the single-family residential. They are proposing a minimum of 64-foot setback in the front area from a 2-story building. A complete redesign has been submitted. He spoke to the revisions that were made to mitigate the concerns of the single-family residents. The shadow study was done on their own to alleviate residents' concerns. A commercial project would impact traffic and parking to a much greater extent. The 2.5 parking spaces per unit are being provided in a completely underground garage except for guest parking. The project will have no impact on schools as stated in a letter from School Superintendent Lopez previously submitted. Any students residing in the complex would have to be bussed. Any noise generated would be less than a commercial operation. The building is 4-stories and not 5. Even though the garage is completely underground, it is considered a story. Mayor Bay. All through the neighborhood opposition, he heard the same concerns, that the structure is too massive for the area. Ernie Vazquez, Architect. If they were to build single-family homes, they could be 20 feet away from the property line with 2-stories. The project will have less intrusion because it is 70 feet away. A 75-foot high office building could be built 150 feet away from the residents without any variances which would be more intrusion and create many traffic problems. The mass of the building is kept to Muller Street. 201 81 City Hall, Anaheim, California - COUNCIL MINUTES - February 9~ 1988~ 1:30 P.M. COUNCIL ACTION: Mayor Bay closed the public hearing. Annika Santalahti. She confirmed for the Mayor that a 75-foot high building could be built 150 feet from the single-family residents by right. COUNCIL CONCERNS: Councilwoman Kaywood. She has a problem with the vastness of the project and the height. It is time to go back to the drawing board. Residents have said they have no objection to retail or commercial on the front facing Lincoln. They are very concerned with the high density, the magnitude of the project and blocking of their light and air. Councilman Ehrle. A project like this is needed in Anaheim and he feels it is an excellent one. However, he is not sure it is the right location for the project. The residents have expressed a desire to have residential units on the property such as townhomes or condominiums. There has to be a compromise to satisfy the needs of the neighborhood. Councilman Hunter. It is the wrong project for this location. There is too much density. It has to be scaled down with some condominiums included. He feels if single-family homes were not adjacent to the property, no one would be complaining about the project. Councilman Pickler. He feels the project would enhance the area. People living in the project will not be using any of the residential streets. A 75-foot high office building would not be an enhancement. This project would be a plus and it is needed. He would like to see mixed use with some condominiums. He asked if there was any way the developer could come back and change his plan unless he gets approval from the Council. Annika Santalahti. Two things would happen if the project is approved. The zoning would be approved and if the developer changes his mind and wants to do another project, they would then have to develop under Code. The other is, they have a variance and would have to develop in accordance with the plans and any changes would come back to the Council under a new public hearing for revised plans. MOTICN: Councilwoman Kaywood moved to deny the CEQA finding of a negative declaration. The motion died for lack of a second. 202 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickier, seconded by Councilman Bay, 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. 88R-71, 88R-72 and 88R-73) Councilman Bay moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-71 for adoption disapproving GPA No. 237. Refer to Resolution Book. RESOLUTION NO. 88R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 237. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay Pickler None The Mayor declared Resolution No. 88R-71 duly passed and adopted. Councilwoman Kaywood offered Resolution Nos. 88R-72 and 88R-73 for adoption denying Reclassification No. 87-88-24 and denying Variance No. 3746. Refer to Resolution Book. RESOLUTION NO. 88R-72: 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. 88R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3746. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay Pickier None The Mayor declared Resolution Nos. 88R-72 and 88R-73 duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes. (7:56 p.m.) AFTER RECESS: The Mayor called the meeting to order, ail Council Members being present, with the exception of Councilman Pickler. (8:16 p.m.) 203 City Hall, Anaheim, California - COUNCIL MINUTES - February 9, 1988, 1:30 P.M. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. seconded the motion. Councilman Pickler was absent. (8:16 p.m.) LEONORA N. SOHL, CITY CLERK Councilman Pickler MOTION CARRIED. 204