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1988/02/23City H~11, Anaheim, California - COUNCIL MINUTES - February 23, 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 ASSISTANT CITY CLERK: Ann M. Sauvageau DEPUTY CITY ENGINEER: Art Daw HOUSING OPERATIONS COORDINATOR: Debbie Vagts ZONING ADMINISTRATOR: Annika Santalahti CHIEF BUILDING INSPECTOR: Wayne West ASSOCIATE PLANNER: Leonard McGhee A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on February 19, 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. County of Orange, et al., O.C.S.C.C. No. 50-96-78; 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). Councilman Bay moved to recess into Closed Session. Councilman Ehrle seconded the motion. MOTION CAR1LIED. (12:00 noon) AFTER ILECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:47 p.m.) INVOCATION: Reverend Don Dexter, 1st Presbyterian Church, gave the Invocation. FLAG SALUTE: Mayor Pro Tem Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Bay and authorized by the city Council: Arbor Day In Anaheim March 2, 1988. 222 146 City ~11, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. i19: DECLARATION: A Declaration was unanimously adopted by the City Council congratulating Anaheim Memorial Hospital on their 30th anniversary in the City of Anaheim, representing 30 years of service to the Anaheim community. 119: PRESENTATION - EMPLOYEE CERTIFICATES OF ACHIEVEMENT: The following employees were presented with Certificates of Achievement issued by the Employee Involvement Program Board of Directors along with monetary awards ranging from $30.00 to $195.00: Louis Vecchione, Sharon McCamon, Dick Mayer, Russell Beitler ($195.00), Stephen Tokai, Jon Fazzio, Richard Stoffel, and Karen Burke. The submitted suggestions would save City costs, improve service to the public or prevent possible hazards. Mayor Bay and Council Members congratulated each employee for their contributions. 119: INTRODUCTION: Mayor Bay introduced and welcomed members of the Hepatha Lutheran School Third Grade, in attendance at today's meeting. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held February 2, 1988. Councilman Hunter seconded the motion. MOTION CARRIED o FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,083,930.98, in accordance with the 1987-8S Budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following resolutions and ordinance on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-81 through 88R-91, both inclusive with the exception of Resolution No. 88R-84) Councilman Pickler moved to waive the reading in full of the resolutions. Counctlwoman 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; Councilwoman Kaywood offered Resolution Nos. 88R-81 through 88R-91, both inclusive with the exception of Resolution No. 88R-84, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance No. 4906 for first reading. 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 Davista Corporation for property damage sustained purportedly due to actions of the City on or about November 16, 1987. 223 143 City Hall, AnAheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. b. Claim submitted by William R. Tempel for property damage sustained purportedly due to actions of the City on or about November 28, 1987. c. Claim submitted by Isabelle Jane Callies for bodily injury sustained purportedly due to actions of the City on or about October 29, 1987. d. Claim submitted by Anna Garica et al. for property damage sustained purportedly due to actions of the City on or about July 9, 1987. 2. Receiving and filing the following correspondence: (on file) a. 105: Minutes of the Community Redevelopment Commission Meeting held January 27, 1988. b. 105: Minutes of the Special Joint Meeting, Senior Citizens Commission and the Community Services Board, held January 28, 1988. c. 175: Southern California Edison Company application before the Public Utilities Commission for authority to change rate levels for services rendered on and after 6-01-88 pursuant to Energy Cost Adjustment Clause for recovery of fuel and purchased power expenses. 3. 160: Accepting the low bid of Mills ~ord in the amount of $19,203.40 for one two-yard dump truck and body with hoist installed, in accordance with Bid #A-4550. 4. 160: Accepting the bid of Custom Floors, Inc. in the amount of $25,995 for carpet at the Euclid Library, in accordance with Bid #4558. 5. 153: RESOLUTION NO. 88R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-82 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. (Amending Resolution No. 87R-82 which established rates of compensation for unrepresented part-time job classifications to create the part-time classification of Video Display Operator at salary schedule of A 1250, effective February 23, 1988) 6. lJ3; RESOLUTION NO. 88R-83: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-82 WHICH ESTABLISHED RATES OF COMP~SATION FOR UNREPKESENTED PART-TIME JOB CLASSIFICATIONS. (Amending Resolution No. 87R-82 which established rates of compensation for unrepresented part-time job classifications to include Section 6A and 6B, effective February 13, 1987 to reinstate certain benefits which were intended to be retained when certain classifications were removed from the bargaining unit and placed in the unrepresented part-time unit) 7. 123: Approving the First Amendment to the Anaheim-Garden Grove- Orange Fire Training Facility Authority Agreement of October 5, 1976 which establishes a mechanism by which the Authority can pass on its self-insured liability exposure to the member cities, and by which each member city will pay their appropriate share of any self-insured liability losses. 224 City Hall, A~aheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. 8. 123: Approving the first amendment to the agreement with Hughes, Heiss and Associates to conduct a management study of the Police Department 9. 175.123: Authorizing the first amendment to the agreement with Earl W. Gust to perform technical and training services in connection with Public Utilities Department operating procedures, for not to exceed $50,000 over the contract term, March 1, 1988 through June 30, 1989. 10. 175: Approving the Southern California Edison Company 1988-1992 Total Nuclear Capital Budget/Forecast for SONGS and authorizing the Assistant General Manager-Power Resources (or his Alternate) to approve said budget/forecast. 11. 169: RESOLUTION NO. 88R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Kraemer Boulevard Street Improvement, west side, 658 feet north of Coronado Street to Coronado Street - bids to be opened March 24, 1988, 2:00 p.m.) 12. 175: RESOLUTION NO. 88R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (ACCOUNT NO. 52-60~-6329-08457) (Construction of Three Valve Service Vault Modifications, City-Wide - bids to be opened March 17, 1988, 2:00 p.m.) 13. 167: P~ESOLUTION NO. 88R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Traffic Signal Installation, Broadway and Clementine and the Fire Station - bids to be opened March 17, 1988, 2:00 p.m.) 14. 169: RESOLUTION NO. 88R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING TH~ COMPLETION OF A CERTAIN PUBLIC WORK. (HARBOR BOULEVARD MEDIAN IMPROV~IENTS ACCOUNT NO. 01-799-6325-E9020) (Harbor Boulevard Median Improvements and ordering the Notice of Completion to be filed - Griffith Company, Contractor) 15. 158: RESOLUTION NO. 88R-89: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REA~ PROPERTIES OR INTERESTS THEREIN. 16. 179: RESOLUTION NO. 88R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AN&HEIMAMENDING RESOLUTION NO. 87R-443, NUNC PRO TUNC. (Amending Resolution No. 87R-443, nunc pro tunc, to correct legal description in connection with Reclassification No. 87-88-14) 17. 179: RESOLUTION NO. 88R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-444, NUNC PRO TUNC. (Amending Resolution NO. 87R-444, nunc pro tunc, to correct legal description in connection with Conditional Use Permit No. 2946. 225 141 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988~ 1:30 P.M. 18. 124: Authorizing the following in connection with the CCA Betterment III Financing Project: ORDINANCE NO. 4906: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF COMMUNITY CENTER AUTHORITY REVENUE BONDS, SERIES E, FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF ADDITIONS TO THE ANAHEIM CONVENTION CENTER AND DESIGNATING THE ANTICIPATED SOURCES OF REVENUE THAT WILL BE PLEDGED TO SECURE SAID REVENUE BONDS. (Authorizing the issuance and sale of lease revenue bonds by the Community Center Authority in the amount not to exceed $65,000,000 for the purpose of providing funds for acquisition, construction and financing of additions to the Anaheim Convention Center, including a parking structure and renovation of convention center space at Anaheim Stadium) RESOLUTION NO. 88R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FORM AND AUTHORIZING EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE BY THE COMMUNITY CENTER AUTHORITY OF ITS REVENUE BONDS, SERIES E, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (Authorizing the Mayor, City Manager and Finance Director to execute documents as follows in support of this financing project: (a) Sublease between City and Authority for expanded exhibition space; (b) Fifth amendment to the Community Center Facility Lease) Rol~. Call Vote on Resolution Nos. 88R-81 through 88R-91, both inclusive with th~ ,xception of Resolution No. 88R-84: AY£~ NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-81 through 88R-91, both inclusive with the exception of Resolution No. 88R-84, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 167: PUBLIC WORKS PROJECT - STREET LIGHTING SYSTEMS: Construction of street lighting systems (SLAD 1984-1) in the vicinity of Citron and Water Streets. Submitted was report dated February 15, 1988 from the City Engineer recommending approval of the subject Public Works Project §LAD, 1984-1. Mr. Austin Mojay, 509 S. Citron St., spoke in support of the street lighting district and expressed concern that the project be expedited, citing vandalism of his automobile which had occurred in front of his dwelling on three separate occasions. Deputy City Engineer, Art Daw explained that the action today would allow preparation of plans for the lighting project by the City Electrical Engineering Division. Construction was expected to commence approximately June 1, 1988. 226 142 City H~ll, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 88R-84) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-84 for adoption. Refer to Resolution Book. RESOLUTION NO. 88R-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (STREET LIGHT ASSESSMENT DISTRICT 84-1). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Ehrle, COUNCIL MEMBERS: None COUNCIL MEMBERS: None Hunter, Kaywood, Pickler and Bay The Mayor declared Resolution No. 88R-84 duly passed and adopted. 179: REPORT - BILLBOARDS: Councilman Bay moved to adopt the report and recommendation by the City Attorney dated February 17, 1988, outlining measures taken to alleviate the condition which led to the adoption of Ordinance No. 4897 as an interim measure prohibiting billboards. Councilman Pickler seconded the motion. MOTION CARRIED. 105: UNSCHEDULED VACANCY - COMMUNITY REDEVELOPMENT COMMISSION: Councilwoman Kaywood moved that the unscheduled vacancy on the Community Redevelopment Commission for the term of Dan Martinez, expiring June 30, 1991 be declared vacant and the vacancy posted. Councilwoman Kaywood requested that a letter of appreciation be sent to Mr. Martinez for his service on the Commission. Councilman Bay seconded the motion. MOTION CARRIED. 175: KEVISION OF RULES 15-C - WATER~ RATES, KULES AND REGULATIONS: Councilwoman Kaywood offered Resolution No. 88R-92 for adoption, approving revision of Rule 13-C.lc and 13-C.ld relating to definition of terms "Primary Distribution Main" and "Transmission Facility" respectively, as recommended in memorandum dated February 16, 1988 from the Public Utilities Board. Refer to Resolution Book. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 88R-92) Councilman Bay moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. Resolution Book. 227 88R-92 for adoption. Refer to 105 City ~11, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. RESOLUTION NO. 88R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING, RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS. 73R-255, 73R-387, 73R-532, 74R-433, 75R-315, 75R-469, 75R-479, 76R-378, 78R-418, 78R-419, 78R-459, 79R-643, 80R-304, 81R-124, 81R-402, 82R-355, 83R-331, 84R-246, 86R-350, 87R-188 AND 87R-324. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-92 duly passed and adopted. 148/175/139: ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES - RESOLUTION: Resolution proposed for action by the Orange County Division, League of California Cities, at the March 10, 1988 meeting, was submitted; said resolution would endorse and support legislation, as necessary, and a revision of the new source review/emission reduction credit regulations of the South Coast Air Quality Management District (SCAQMD) for publicly owned wastewater treatment facilities. This matter was continued from the meeting of February 10, 1988, to this date. On mction by Councilman Bay, seconded by Councilwoman Kaywood, the City Council moved to support the adoption of the subject resolution by the Orange County League of Cities, as proposed. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held February 1, 1988, pertaining to the following applications were submitted for City Council information. VARIANCE NO. 3748 AND NEGATIVE DECLARATION: OWNERS: BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 16811 Hale Avenue, Irvine, CA 92714 AGENTS: DIANA HOARD, THE BALDWIN COMPANY, 16811 Hale Avenue, Irvine, CA 92714 LOCATION: East of The Highlands at Anaheim Hills and to the south of Sycamore Canyon (proposed Tentative Tract No. 13267) Waivers of (a) minimum building site width, (b) minimum building site width for cul-de-sac and knuckle lots, and (c) permitted orientation of structures to establish a 156-1ot, RS-5000(SC), single-family residential subdivision. GRANTED by the City Planning Commission, PC88-37. Negative Declaration approved. 2. CONDITIONAL USE PERMIT NO. 2982, WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION: OWNER: 92807 HEPHATHA LUTHERAN CHURCH, 5900 E. Canyon Road, Anaheim, CA 228 City Hmll, Anmheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. AGENT: HEPHATHA LUTHERAN CHURCH, 5900 E. Canyon Road, Anaheim, CA 92807 LOCATION: 5900 East Santa Ana Canyon Road (Hephatha Lutheran Church) To permit a temporary modular structure for elementary age day care facility in conjunction with an existing church, school and day care facility with waiver of minimum number of parking spaces. GRANTED by the City Planning Commission, PC88-38. Negative Declaration approved. 3. CONDITIONAL USE PERMIT NO. 1517, EXTENSION OF TIME: CEQA: Negative Declaration previously approved. OWNERS: ROBERT HOSTETTER, 2129 W. Victoria, Anaheim, CA 92804 LOCATION: 703 North Lemon Street Request for a 2-year (retroactive to May 28, 1987) extension of time or deletion of Condition No. 5 of Resolution No. PC75-109 to retain a board and care facility for the treatment of alcoholics. GRANTED 2 year extension of time to expire May 28, 1989, PC88-42. e VARIANCE NO. 3747 AND NEGATIVE DECLARATION: OWNERS: PERALTA LTD., 3150 E. Birch, Brea, CA 92621 ATTN: VIC P~LOQUIN LOCATION: Tract No. 12576 Waiver of maximum structural height to construct up to 38 single-family residences at a height not to exceed 35 feet. DENIED by the City Planning Commission, PC88-36. Negative Declaration approved. The Planning Commission's decision was appealed by the applicant and therefore, a public hearing will be scheduled at a later date. 5. GENERAL PLAN AMENDMENT NO. 238, RECLASSIFICATION NO. 87-88-35, VARIANCE NO. 3742 AND NEGATIVE DECLARATION: OWNERS: EDWARD & MARGARET M. SAUBAN, 106 N. Teri Circle, Anaheim, CA 92804; WALTER J. & DARLENE F. PETERS, 107 N. Teri Circle, Anaheim, CA 92804; RALPH L. & KATHRYN L. BP, ADEN, 110 N. Teri Circle, Anaheim, CA 92804; HOMER D. & PATRICIA GRIFFIS, 111 N. Teri Circle, Anaheim, CA 92804; JOHN & GEORGENE HARDAWAY,F 112 N. Teri Circle, Anaheim, CA 92804; JIM & VIRGINIA LEE SAUB, 113 N. Teri Circle, Anaheim, CA 92804 AGENT: MAGDY HANNA, 4000 MacArthur Blvd., #680, Newport Beach, 92660 LOCATION: 105, 107, 110, 111, 112, 113 N. Teri Circle To consider an amendment to the Land Use Element of the General Plan to change the existing land use from Low-Medium Density Residential to Medium Density Residential. 229 101 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. To change the zone from RS-A-7200 to RM-1200 or a less intense zone. Waivers of (a) min. building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage, and (d) structural setbacks to construct a 2 to 4-story, 75-unit "affordable" apartment complex. GPA NO. 238, Exhibit B APPROVED by the City Planning Commission, PC88-39. RECLASSIFICATION NO. 87-88-35 DENIED by the City Planning Commission, PC88-40. VARIANCE NO. 3742 DENIED by the City Planning Commission, PC88-41. The City Planning Commission requested that the City Council review the decision on the above items, and public hearing has been scheduled this date. 6. ~LANNING COMMISSION REPORTS AND RECOMMENDATIONS A. CONDITIONAL USE PERMIT NO. 2647 - Request from Leonard W. Gomez for a retroactive extension of time to comply with conditions of approval on property located at 140 West Ball Road. Extension of time to 01-07-89 approved by the City Planning Commission. B. RECLASSIFICATION NO. 79-80-26 AND VARIANCE NO. 1264 - Request from Philip and Emily Porretta for a termination of Reclassification No. 79-80-26 and Variance No. 1264, property located at 700 South Magnolia Avenue. TERMINATED by the City Planning Commission, PC88-43. C. YAILIANCE NO. 698 - Request from Richard R. Renna for a termination of Variance No. 698, property located at 510 South Euclid Street. TERMINATED by the City Planning Commission, PC88-44. D. VARIANCE NO. 856 - Request from Mike Patel for a termination of Variance No. 856, property located at 2141 South Harbor Boulevard. TERMINATED by the City Planning Commission, PC88-45. E. VARIANCE NO. 950 - Request from Shirish Patel for a termination of Variance No. 950, property located at 631 West Katella Avenue. TERMINATED by the City Planning Commission, PC88-46. F. VARIANCE NO. 1070 - Request from Robert F. Baker for termination of Variance No. 1070, property located at 2172 West Orange Avenue TERMINATED by the City Planning Commission, PC88-47. 230 iOZ City Hall, Anaheim, California - COUNCIL MINUTES-- February 23, 1988, 1:30 P.M. G. VARIANCE NO. 3652 - Request from Chris Quesada for termination of Variance No. 3652, property located at 1515 East Katella Avenue. TERMINATED by the City Planning Commission, PC88-48. H. CONDITIONAL USE PERMIT NO. 787 - Request from Shirish Patel for termination of Conditional Use Permit No. 787, property located at 631 West Katella Avenue. TERMINATED by the City Planning Commission, PC88-49. I. CONDITIONAL USE PERMIT NO. 1808 - Request from John R. Townsend for termination of Conditional Use Permit No. 1808, property located at 3174 West Ball Road. TERMINATED by the City Planning Commission, PC88-50. J. CONDITIONAL USE PERMIT NO. 2228 - Request from Chris D. Van Gorder for termination of Conditional Use Permit No. 2228, property located at 1006 West La Palma Avenue. TERMINATED by the City Planning Commission, PC88-51. K. CONDITIONAL USE PERMIT NO. 2758 - Request from Jupiter Business Corporation for a retroactive extension of time to comply with conditions of approval, property located at 1098 North State College Boulevard. Extension of time to 02-03-89 granted by the City Planning Commission. L. ORANGE COUNTY ENVIRONMENTALAGENCY - Request to determine Conformance with the General Plan. The City Planning Commission determined that the repair and installation of communication equipment for governmental vehicles at 1985 South Santa Cruz Street would be in conformance with the Anaheim General Plan. End of Planning Commission Information Items. 179: ORDINANCE NO. 4907 - MINIMUM WIDTH - SMALL CAR SPACE: Amendment to Subsection .020 of Section 18.06.040 of Title 18 of the Anaheim Municipal Code relatin~ to the minimum width of the small car space. This proposed amendment was recommended by the City Planning Commission. Councilman Bay offered Ordinance No. 4907 for first reading. ORDINANCE NO. 4907: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN PROVISIONS OF TITLE 18 (ZONING) OF THEANAHEIM MUNICIPAL CODE PERTAINING TO SIZES OF PARKING SPACES FOR SMALL CARS. 231 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. 172: CLOSURE OF CYPRESS STREET BETWEEN COFFMAN STREET AND EVELYN DRIVE: Report of the City Engineer dated February 19, 1988 was submitted recommending that the Council authorize the closure of Cypress Street in a manner acceptable to the City Engineer. This matter was continued from the meeting of February 16, 1988, to this date, (see minutes of February 16, 1988). Councilwoman Kaywood moved to authorize the closure of Cypress Street between Coffman Street and Evelyn Drive, in a manner acceptable to the City Engineer as outlined in his report dated February 19, 1988, and finding that said street is no longer needed for vehicular traffic. Councilman Hunter seconded the motion. MOTION CARRIED. 170/179: TENTATIVE TRACT FROM PLANNING COMMISSION MEETING OF 2/17/88 - EIR NO. 257 (PREV. APPROVED), TENTATIVE MAP OF TRACT NO. 11600 (Rev. No. 2) AND SPECIMEN TREE REMOVAL PERMIT OWNERS: WALT TAMULINAS, 18431 Yorba Linda Blvd., Yorba Linda, CA 92686 AGENTS: NORRIS-REPKE INC., 507 E. First Street, Tustin, CA 92680, ATTN: JACK NORRIS LOCATION: Approximately 8.3 acres on the east side of Henning Way, approximately 1100 feet south of the centerline of Arboretum Road. To re-establish a 12-lot RS-HS-22,000(SC) Zone subdivision. The City Planning Commission approved both tentative map and Specimen Tree Removal. Negative Declaration approved. Councilwoman Kaywood requested a review of Tentative Map of Tract No. 11600 (Rev. No. 1), and, therefore a public hearing will be scheduled at a later date. 127/142/179: ORDINANCE NO. 4900: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the Assistant City Clerk. (Ordinance No. 4900) Councilman Bay moved to waive the reading in full of the ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Bay offered Ordinance No. 4900 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4900: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING, ADDING AND AMENDING VARIOUS SUBSECTIONS AND SECTIONS OF CHAPTER 4.04 OF TITLE 4 AND CHAPTERS 18.04 AND 18.05 OF TITLE 18 OF THE ANAHEIMMUNICIPAL CODE PERTAINING TO ADVERTISING STRUCTURES AND POLITICAL SIGNS. Roll Call Vote: 232 100 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Ordifiance No. 4900 duly passed and adopted. 179: ORDINANCE NO. 4901: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the Assistant City Clerk. (Ordinance No. 4901) Councilman Bay moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance No. 4901 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4901: AN ORDINANCE OF THE CITY OF ANAHEIM ADDINGAND AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING FOR CONVENIENCE MARKETS AND COMMERCIAL RETAIL CENTERS. (ALTERNATIVE A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4901 duly passed and adopted. 179: ORDINANCE NO. 4902: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the Assistant City Clerk. (Ordinance No. 4902) Councilman Bay moved to waive the reading in full of the ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Bay offered Ordinance No. 4902 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4902: 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 Reclass. No. 68-69-37(19), located at the southwest corner of Coronado and Red Gum Street). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None 233 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. The Mayor declared Ordinance No. 4902 duly passed and adopted. 179/142/000: PROPOSED BILLBOARD ORDINANCES: Submitted for adoption were Ordinance Nos. 4903, 4904 and 4905, having to do with amendment to the Anaheim Municipal Code, Titles 18, 3 and 4 respectively, pertaining to billboards, advertising, signs and fees. Said ordinances received first reading on February 16, 1988. Councilman Bay moved that adoption of the three ordinances be continued for a minimum of two weeks to allow additional study and discussion. Councilman Pickier seconded the motion. Discussion: Councilman Ehrle pointed out that the City Council favors a reduction in the number of billboards within the City, while identifying a fair, equitable source of revenue. There is no intent to interfere with the free enterprise system, yet the environment should be aesthetically pleasing to citizens. He thereupon moved that interested parties be brought together on a blue ribbon commlttee to discuss the issues, with citizen input. The committee would be comprised of representatives from four advertising agencies, Patrick, Gannett, Regency and Martin (voting members), City staff, including representatives from the City Manager's Office, City Attorney and Finance Department and five citizens, (voting members) one to be appointed by each Council Member. (Martin was the company finally chosen after discussion on which company would be best representative of the smallest billboard advertiser in Anaheim). Councilman Bay withdrew his earlier motion; Councilman Pickler withdrew his second. Councilman Bay seconded the motion by Councilman Ehrle. Councilwoman Kaywood thereupon offered a substitute motion that there be no change to the present Billboard Ordinance which does not allow freeway billboards. The motion died for lack of a second. Public Discussion: Marilyn Ryan, Vice President, Coast Advertising, inc., requested that her firm be represented on the committee. She advised that her firm was the smallest and had been licensed in the City of Anaheim longer than the others. Councilman Pickler expressed the opinion that the representatives of companies on the committee would be asking for input from all those companies not represented. City Attorney, Jack White. He clarified if the Committee is established by action of the Council, it will be subject to the Brown Act. The meetings will not only be public, but anyone who requests in writing notice of the date, time and place must be furnished that information. Mr. Jim Abbott, also representing Coast Advertising, spoke in support of Ms. Ryan's request for inclusion on the committee. Mr. Ron Beals, representing Gannett Outdoor Advertising, endorsed the proposal for a Blue Ribbon Committee, and suggested that the existing moratorium on 234 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. construction of any billboards in the City be extended to allow the committee sufficient time to study, receive input and recommend ordinances which would be reasonable for everyone. Mr. Donald Day, 30118 Lakeview Avenue, asked to be notified of any committee meetings so that he might attend. Councilwoman Kaywood was of the opinion that the action proposed by Councilman Ehrle would be a delaying tactic; she indicated that any further hearings.on this issue should be held during evening hours. At the conclusion of the discussion, the motion offered by Councilman Ehrle, seconded by Councilman Bay, was restated as follows: That a blue ribbon committee to study and make recommendations concerning billboard issues be appointed, to consist of five appointees (one per each Council Member), representatives of Patrick Media, Gannett Outdoor Advertising, Regency Advertising and Martin, and City staff; the City Clerk to be notified of each~ Council appointee by February 26, 1988. To this motion, Councilwoman Kaywood voted "No". MOTION CARRIED. MOTION: Councilman Bay moved that proposed Ordinance Nos. 4903, 4904 and 4905 which had been offered for first reading by Councilman Hunter at the meeting of February 16, 1988 be tabled indefinitely. Councilman Pickler seconded the motion. MOTION CARRIED. 179: ORDINANCE NO. 4908: Councilman Bay offered Ordinance No. 4908 for first reading. ORDINANCE NO. 4908: 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. 86-87-33, located at 126i North Placentta Avenue) 179: ORDINANCE NO. 4909: Councilman Hunter offered Ordinance No. 4909 for first reading, incorporating minor wording changes as stated by the City Attorney and agreed to by Frank Elfend, Elfend & Associates. ORDINANCE NO, 4909: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTEK 18.71 RELATING TO SPECIFIC PLAN NO. 88-1 (SPECIFIC PLAN NO. 88-1) ZONE. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. RECESS: By general consent the Council recessed for ten minutes. (2:57 p.m.) AFTER RECESS: TheMayor called the meeting to order, all Council Members bein~ present. (3:10 p.m.) 161.123: JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT - RONALD F. AND SARAH WALTZ: 235 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. To consider the proposed sale and development pursuant to a Disposition and Development Agreement of property at 188 North Vintage Lane. Lisa Stipkovich, Acting Executive Director of Community Development briefed her report of February 15, 1988 (2) which recommended that the Agency and Council (1) approve the proposed sale of certain real and chattel property in Redevelopment Project Alpha proposed in the Disposition and Development Agreement between the Agency and Ronald F. and Sarah Waltz; (2) approve the proposed Disposition and Development Agreement pertaining thereto, and (3) authorize execution of said Disposition and Development Agreement. Chairman/Mayor Bay asked if anyone wished to address the Redevelopment Agency in favor of or opposition to the proposed sale and development of subject property; there was no response. The Mayor declared the public hearing closed. WAIVER OF READING - RESOLUTION: read by the Acting Secretary. No. 88R-93) The title of the following resolutions were (Resolution No. ARA88-5 and Resolution Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Agency Member Kaywood offered Resolution No. ARA88-5 for adoption. Refer to Resolution Book. RESOLUTION NO. ARA88-5: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE PROPOSED SALE OF CERTAIN REAL AND CHATTEL PROPERTY IN REDEYELOPMENT PROJECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING EXECUTION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Chairman declared Resolution No. ARA88-5 duly passad and adopted. Councilman Bay offered Resolution No. 88R-93 for adoption. Refer to Resolution Book. RESOLUTION NO. 88R-93: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY UNDER THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND RONALD F. AND SARAH WALTZ IS NOT LESS THAN FAIR VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: 236 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 88R-93 duly passed and adopted. 161.123: JOINT PUBLIC HF~RING - DISPOSITION AND DEVELOPMENT AGREEMENT - MARCIA CASTOR, MARGARET LOUISE ATKINS AND EDWARD AUBURN ATKINS: To consider the proposed sale and development pursuant to a Disposition and Development Agreement of property at 198 North Vintage Lane. Lisa Stipkovich, Acting Executive Director of Community Development briefed her report of February 16, 1988 (2) which recommended that the Agency and Council (1) by resolution, approve an Initial Study for the proposed Castor development and make certain environmental findings with respect thereto,'and (2) ky resolution, approve the proposed sale of certain real and chattel property in Redevelopment Project Alpha, approve the proposed Disposition and Development Agreement pertaining thereto, and authorize execution of said Disposition and Development Agreement. Chairman/Mayor Bay asked if anyone wished to address the Redevelopment Agency/City Council in favor of or opposition to the proposed sale and development of subject property, there being no response, the public hearing was closed. WAIVER OF READING -RESOLUTION: read by the Acting Secretary. Resolution No. 88R-94) The title of the following resolutions were (Resolution Nos. ARA88-6 and ARA88-7 and Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Agency Member Kaywood offered Resolution Nos. ARA88-6 and ARA88-7 for adoption. Refer to Resolution Book. RESOLUTION NO. ARA88-6: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING AN INITIAL STUDY FOR THE PROPOSED CASTOR DEVELOPMENT AND MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT THERETO. RESOLUTION NO. ARA88-7: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE PROPOSED SALE OF CERTAIN REAL AND CHATTEL PROPERTY IN REDEVELOPMENT PROJECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING EXECUTION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None 237 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. The Chairman declared Resolution No. ARA88-7 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 88R-94 for adoption. Refer to Resolution Book. RESOLUTION NO. 88R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THE INITIAL STUDY WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND MARCIA CASTOR, MARGARET LOUISE AND EDWARD AUBURN ATKINS, DEVELOPER; FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR VALUE IN ACCORDANCE WITH COVENANT CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickier and Bay The Mayor declared Resolution No. 88R-94 duly passed and adopted. 107: PUBLIC HEARING - HOUSE MOVE-ON PERMIT: To consider the application of Marcia Castor, et al. to move a single family residence from 208 South Philadelphia Street to 198 North Vintage Lane. WAIVER OF ~ING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-95) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickier seconded the motion. MOTION CARRIED. In accordance with report and recommendation by the Chief Building Inspector, Councilwoman Kaywood offered Resolution No. 88R-95 for adoption, approving house move-on permit in accordance with staff report dated February 11, 1988. Refer to Resolution Book. RESOLUTION NO. 88R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A SPECIFIC PERMIT TO MOVE A SINGLE-FAMILY RESIDENTIAL ~?RUCTUR~ TO 198 NORTN VINTACE LAN~ IN T~ CITY 0F ANANEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickler and Bay The Mayor declared Resolution No. 88R-95 duly passed and adopted. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2975 AND NEGATIVE DECLARATION: ~. Philip Delgado, et al. (c/o Robert S. Sklar) 712 East Ball Road, Anaheim, Ca. 92800 238 140 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. AGENT: Farano & Kieviet 100 So. Anaheim Blvd., Anaheim, Ca. 92805 REQUEST/ZONING/LOCATION: To consider waiver of code requirement for Conditional Use Permit No. 2975 to permit a liquidating sales outlet with waiver of minimum number of parking spaces at 712 East Ball Road - Phil & Jim's Appliances. (Ball Road and Lewis Street) PLANNING COMMISSION ACTION: CUP NO. 2975 was denied by the City Planning Commission at their meeting held January 4, 1988 (PC88-19), and an appeal filed by Farano & Kieviet, 100 South Anaheim Blvd., on behalf of the applicant. HEARING SET ON: The decision of the Planning Commission was appealed by Farano & Kieviet, Agent for the Applicant. This matter was continued from the meeting of February 16, 1988, to this date (see minutes that date). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 4, 1988. Posting of property February 4, 1988. Mailing to property owners within 300 feet - February 4, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 4, 1988. On motion by Councilman Pickler, seconded by Councilwoman Kaywood, public hearing was continued to March 15, 1988, 3:00 P.M., in accordance with request by the agent for the petitioner, Floyd L. Farano, in his letter dated February 22, 1988. MOTION CARRIED. 178: PUBLIC HEARING, ABANDONMENT NO. 87-15A: In accordance with application filed by Quaker State Minit-Lube, Inc. public hearing was held on proposed abandonment of a prior Southern California Edison easement, no longer being used as such, which is located at the northeast corner of Brookhurst Street and Lincoln Avenue, (2181 Lincoln Avenue), pursuant to Resolution No. 88R-45 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated January 26, 1988, was submitted recommending approval of said abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council ratified the determination of the City Engineer that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. 239 137 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 88R-96) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-96 for adoption, approving Abandonment No. 87-15A. Refer to Resolution Book. RESOLUTION NO. 88R-96: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING AN EASEMENT OF A PRIOR SOUTHERN CALIFORNIA EDISON, NO LONGER BEING USED AS SUCH, WHICH IS LOCATED AT THE NORTHEAST CORNER OF BROOKHURST STREET AND LINCOLN AVENUE, (2181 LINCOLN AVENUE). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-96 duly passed and adopted. 134/179: PUBLIC HEARING, GENERAL PLAN AMENDMENT NO. 238, RECLASSIFICATION NO. 87-88-35, VARIANCE NO. 3742 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Edward & Margaret M. Sauban, i06 N. Teri Circle, Anaheim, CA 92804; Walter J. & Darlene F. Peters, 107 N. Teri Circle, Ana, 92804; Ralph L. & Kathryn L. Braden, ll0 N. Teri Circle, Ana, 92804; Homer D. & Patricia Griffis, 111 N. Teri Circle, Ana, 92804; John & Georgene Hardaway,F 112 N. Teri Circle, Aha, 92804; Jim & Virginia Lee Saub, 113 N. Teri Circle, Aaa, 92804. AGENT: M. HANNA, 4000 MacArthur Blvd., #680, Newport Beach, 92660 REQUEST/ZONING/LOCATION: To construct a 2 to 4-story, 75-unit "affordable" apartment complex located at 105, 107, 110, 111, 112, 114 No. Teri Circle and tO consider: (1) an amendment to the Land Use Element of the General Plan to chanEe the existing land use from Low-Medium Density Residential to Medium Density Residential; (2) Change in zone from KS-A-7200 to RM-1200 or a less intense zone; (3) Code waivers of (a) min. building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage, and (d) structural setbacks. PLANNING COmmISSION ACTION: The City Planning Commission approved GPA No. 238, Exhibit B - Resolution No. PC88-39; Resolution No. PC88-40 denied Reclassification No. 87-88-35; and Resolution No. PC88-41 denied Variance No. 3742; approved EIR - Negative Declaration. HEARING SET ON: The City Planning Commission requested a review of the above'actions by the City Council, and public hearing was scheduled and advertised for this date and time. 240 138 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 11, 1988. Posting of property February 12, 1988. Mailing to property owners within 300 feet - February 11, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 1, 1988. Mayo~ Bay asked if the applicants or their agent wished to address the City Council. APPLICANT'S STATEMENT: A1 Marshall, Newport Pacific Developers, 4000 MacArthur Boulevard #680, Newport Beach, California 92660, representing the petitioners, made a presentation using slides projected on the west wall of the Council Chambers and advised that the six properties located around a short cul-du-sac extending north from Lincoln Avenue had been assembled for development into a 75-unit apartment complex. The single-story portion would be constructed over subterranean parking, and any two-story portion would be a minimum of 100 feet from the property line. Magdy Hanna, also from Newport Pacific, pointed out that when the six homes were built, a different traffic pattern and property use existed in the area. The sales office for the subdivision to the North was located on Teri Circle, and these six homes had always been isolated from the balance of the development. In response to question posed by Councilwoman Kaywood, Mr. Marshall reported that after studying the sewer service for these properties, their engineer met with Bruce Bowman of the City Engineer's Office. Et was determined that if certain changes were made at the intersection of Dale and Lincoln Avenues, there was sufficient capacity in the eight inch line in front of the project. This could be accomplished at the developer's expense; in addition, other possibilities did exist. PUBLIC DISCUSSION: IN FAVOR: John Hardaway, 112 N. Teri Circle, Anaheim, California 92801, one of the owners and representing the six parcels involved, noted uses on adjacent parcels including two strip shopping complexes along Lincoln Avenue. The properties along Lincoln were no longer appropriate for residential use, so the owners had assembled their six parcels in an effort to solve their problems. The only oppositionhad been received from the neighbors to the North, and he requested approval of subject applications. Virginia Saub, 112 N. Teri Circle, stated she and her husband were retired and had resided at this address for twenty-eight years. The time had come to sell the property and utilize the accumulated equity. 241 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. Walter J. Peters, 107 N. Teri Circle, advised he was retired and had resided at this address since 1970. He had formerly owned a business in Anaheim, and together with his wife he had raised his children in Anaheim. Kathryn Braden, 110 N. Teri Circle, stated the quality of life on their street had changed significantly in the past ten years; properties along Lincoln Avenue had been converted to commercial uses. Homer D. Griffis, 111 N. Teri Circle, a nine-year resident, advised that he and his wife had decided to relocate in a community more residentially oriented, as they were starting a family and wanted their children to have the advantage of living in a neighborhood with other children. Margaret A. Milligan, 106 N. Teri Circle, stated she was recently widowed, and because there was a great deal of foot traffic in the neighborhood she no longer felt secure in her home. Janice Morger, 2865 W Lincoln Avenue, adjacent to subject properties on the West, spoke in favor of the zoning change to conform with others along Lincoln Avenue. PUBLIC DISCUSSION: IN OPPOSITION: Dorothy Egbert, 2871 W. Polk Avenue, submitted petition in opposition to subject applications, containing 296 signatures. As a thirty-year resident, she objected to the proposed development on a parcel of insufficient size to accommodate such high density. She stated that representatives of the developer had approached property owners on Polk Avenue with offers to purchase their properties. Traffic, litter and noise had increased with the commercial developments on Lincoln Avenue, and adding seventy-five families to the already overcrowded streets and other facilities would not improve the situation. She read from an editorial published in the Anaheim Bulletin on February 8, 1988, pointing out that in Anaheim, moderately priced single family residences were becoming an endangered species. She requested that the City Council uphold the action taken by the Planning Commission. Charles Carey, 2849 W. Polk Avenue, thirty feet from Subject property, read from a response from four couples, also published in the newspaper, who felt that the proposed development was an insult to the citizens and to elected officials, and would establish an unfavorable precedent, especially considering the number of requested variances. He requested that the applications be disapproved. 242 136 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. In response to questions by Council, Mr. Carey indicated his personal preference that the property remain as single family residential; if not, then a development which would be considerably less dense than the four-story complex proposed. Possibly a commercial development would be more feasible. Patrick Lake, 2867 W. Polk Avenue, acknowledged the right of the applicants to sell their properties, but felt the developers' approach to property owners on his street seemed to be "block busting". Tenants in two to four story apartments would be able to see into the yards of Polk Avenue residents, and he expressed concern about already existing traffic problems. Karen Foucher, 2875 W. Polk Avenue, objected to the destruction of six single family homes, citing the need for more housing. She felt 75 apartments on such a small parcel was unthinkable, and called attention to the number of variances requested. By comparison, she pointed out a 144-unit apartment complex northeast of subject property, facing Dale Street, on property four or five times the size of subject parcel. Monica Potter, 2857 W. Polk Avenue, stated the development was far too dense for the small parcel; 35 units would be the most that should be allowed. Any development would add to traffic congestion, and additional children would have to be bussed to other schools. She expressed a desire to retain the integrity of her single family residential neighborhood where she and others could continue raising their families. Theresa Dieriex, 2861 W. Munroe Avenue, was of the opinion that the City was already overextended with apartment buildings. The proposal would increase traffic congestion and impact schools. The only alternative to existing residential that she felt would be tolerable was a very limited commercial use. Robert Beck, 208 N. Belair Street, expressed strong opposition to the development for all the reasons previously expressed. Existing apartment houses on Lincoln Avenue were experiencing many Police calls for dru$-related incidents. This complex seemed to generate a great deal of noise, and there was a problem with loitering and litter. For these reasons, he requested that the proposed development be denied. Robert B. Waldron, 2861 W. Polk Ave., stated that a broker had made him an offer to purchase his property and had told him that the proposed apartments would appreciate the value of his home. In his opinion, the homes on Teri Circle would sell at the present time for a fair market price, and he requested that subject applications be denied. 243 223 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1WS~, 1:30 P.M. PUBLIC DISCUSSION- IN FAVOR: Stan Braden, 6643 Joshua Tree, Orange, advised that he was a former resident of Teri Circle where his parents continued to reside; he noted that their residence had been burglarized three times. He was of the opinion that the proposed apartment development would constitute a logical barrier between commercial and residential uses in the area, and would buffer any noise from traffic on Lincoln Avenue. COUNCIL CONCERNS: Councilman Bay. He questioned the feasibility of having the 1-i/2 story building located a minimum of fifty feet from the rear property line, and the 2-1/2 story buildings approximately 100 feet from the property line which would have the least impact on the adjacent single-family homes and reducing the density. Councilwoman Kaywood - felt the highest and best use of subject property was the single family residential development currently existing; the owners had the option of selling their homes individually, and it was true that the older single family dwellings were in scarce supply in Anaheim. She was of the opinion that the timing was not right for the proposed development. SUMMATION BY APPLICANT: Mr. A1 Marshall - the issue was what type of development was appropriate on the subject property, which had frontage on Lincoln Avenue. Plans were to relocate the existing dwellings to a cul-du-sac property on Wakefield Street at Ninth Street (he submitted a plot plan showing the property); the units therefore would not be lost. He stated that 60 per cent of the County's residential growth was in births to existing families, and pointed out that most young families are unable to afford the purchase price of this type of residential housing. Mr. Magdy Hanna - explained the management methods of his company which insure reliable tenants in their developments; there would be a manager on the site. The eight-foot block wall along the north property line and the six-foot wall along the sides would prevent traffic generated by the development from impacting surrounding residential properties. If approved, the developers would be paying the school district approximately $100,000.00 to help provide whatever facilities were needed. Commercial use of the property would probably generate three times the traffic that the proposed residential use would cause. Responding to questions by Council Members, Mr. Hanna stated that an existing dwelling on the Wakefield property would remain, and five of the structures on Teri Circle would be located on that same property. 244 City Hall, Anaheim, California - COUNCIL MINUTES - February 23, 1988, 1:30 P.M. COUNCIL ACTION: Mayor Bay closed the public hearing. Extensive discussion ensued, with Council Members expressing concern for the density proposed and for the impact on the surrounding residential neighborhood. Exhibits posted on the west wall of the Council Chambers were again reviewed along with action taken by the City Planning Commission. On mction by Councilman Bay, seconded by Councilman Ehrle, public hearing on General Plan Amendment No. 238, Reclassification No. 87-88-35, Variance No. 3742 and Negative Declaration was continued to March 15, 1988, to allow the applicants time to submit revised plans for a development with less density, as discussed. Councilwoman Kaywood voted "No." MOTION CARRIED. RECESS: By general consent, the City Council recessed for ten minutes. (5:3b p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:46 p.m.) 150/114: BROOKHURST PARK LIGHTING: Councilman Hunter reported on an event he recently attended at Brookhurst Park, and called attention to the need for the lighting at the park to be updated. 114/131: FREEWAY CALL BOXES: Councilman Pickler reported that the program for installing emergency call boxes along all Orange County Freeways would be completed by the end of 1988. ADJOURNMENT: Councilman Bay moved to adjourn. motion. MOTION CARRIED. (6:00 p.m. Councilman Hunter seconded the 245