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1988/03/15City Hall, Anaheim~ California - COUNCIL MINUTES - March 15, 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 FIRE MARSHAL: Mike Dory ZONING ADMINISTRATOR: Annika Santalahti DEPUTY CITY ENGINEER: Art Daw A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:10 p.m. on March 11, i988 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; Van Osdol vs. City of Anaheim O.C.S.C.C. No. 53-48-26. 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 Hunter seconded the motion. MOTION CARRIED. (12:08 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: Reverend Rick Gastil, Hotline Help Center, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - RECOGNITION FOR EARTHQUAKE ASSISTANCE: Planning Director, Joel Fick. After the earthquake of October l, 1987 and its after shock, Anaheim was one of the 23 cities who responded to the City of Whittier's call for assistance by sending the City's Building Inspectors out on a weekend to alleviate the heavy requests for professional assistance as a result of the damage sustained in that City. At a recent annual business meeting for California Building Officials, Wayne West, Anaheim's Chief 291 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. Building Official was presented with a surprise award to take back to the City Council honoring and recognizing the City of Anaheim for its unselfish and quick response in an exemplary fashion in the Whittier community. Mr. Wayne West and Mr. Fick then presented the award to the City Council. Mayor Bay, on behalf of the Council and the City, accepted the Resolution expressing how proud they were of staff in the assistance rendered in the days following the quake. He then asked that the framed Resolution be hung in Mr. West's Office. 119: DECLARATION: A Declaration of Commendation was unanimously adopted by the City Council commending the YMCA for the important role they play in supporting the citizens of Anaheim and also extending best wishes on the occasion of their 21st Annual Good Friday Breakfast to be held April 1, 1988. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City gouncil in appreciation of the exemplary service provided the community by Bernice Hird, by her involvement in philanthropic activities not only in the City of Anaheim and Fullerton where she served 30 years as Manager of Community Relations at Hunt Wesson Foods, but also her unselfish and dedicated volunteerism in youth, education, health, the arts and business programs in the County of Orange. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City gouncil to be presented to Coach John Dab_lam, Loara High School Wrestling Coach, whose team has won ten league championships and one CIF Championship during his 14 years of coaching and who also has made a contribution to high school athletics in Anaheim. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held March 1, 1988. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,356,539.16, in accordance with the 1987-88 Budget, were approved. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following resolutions on the Consent Calendar were read by the City Manager. (88R-109 through 88R-116, both inclusive; and offered Ordinance No. 4913 for first reading) Councilman Bay moved to waive the reading in full of the ordinances and resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 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-109 through 88R-116, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance No. 4913 for introduction. 292 City Hall, Anaheim~ California - COUNCIL MINUTES - March 15, 1988~ 1:30 P.M. 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 Richard D. Huntington II for property damage sustained purportedly due to actions of the City on or about February 4, 1988. b. Claim submitted by Pacific Bell (Case #JF746-1172) for property damage sustained purportedly due to actions of the City on or about October 29, 1988. 2. Receiving and filing the following correspondence: (on file) a. 105: Minutes of the Community Redevelopment Commission Meeting of ~ebruary 24, 1988. 3. 160: Accepting the low bid of Truck Hydraulic Equipment Company, in an amount not to exceed $90,000 for overhauling three (3) each Digger/Derrick aerial units and six (6) each aerial manlifts in accordance with bid proposal #4560. 4. 123: Approving the Agreement with Anaheim Interfaith Shelter, Inc., (AIS) providing $39,000 in Federal Emergency Grant Funds, for the provision of temporary housing and attendant services for homeless families in Anaheim, and authorizing the City Manager and City Clerk to execute said agreement. 5. 158: RESOLUTION NO. 88R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. 6. 181: RESOLUTION NO. 88R-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK - ANAHEIM MUSEUM. (Ed Layton Construction Co. Contractor) 7. 164: RESOLUTION NO. 88R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALI~ ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK - COMMERCIAL STREET STORM DRAIN. (Peter C. David Co., Contractor) 8. 150: RESOLUTION NO. 88R-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINAT3~ ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK - PEARSON PARK GRANDSTAND/PICNIC SHELTER. (Department of Interior Construction Co., Contractor) 9. 164: RESOLUTION NO. 88R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (John T. Malloy and John T. Malloy, Inc.) 10. 158: RESOLUTION NO. 88R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Street improvements for the southwest corner of Avenida Margarita and Old Santa Aha Canyon Road, requested by the United States Postal Service) 293 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1988~ 1:30 P.M. 11. 123: Approving a grant agreement with Orange County Job Training Partnership Agency in the amount of $18,788 to provide funds for reemployment activities for employees of Laura Scudder's, Inc., for the period of January 1, 1988, through December 31, 1988, and authorizing the City Manager to execute the agreement. 12. 153: RESOLUTION NO. 88R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS AND SUPERSEDING RESOLUTION NO. 87R-82 AND AMENDMENTS THERETO. 13. 153: RESOLUTION NO. 88R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIMAMENDING RESOLUTION NO. 86R-334 WHICH ADOPTED THE MEMORANDUM OF UNDERSTANDING BETWE~q THE CITY OF ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS. (Amending Resolution No. 86R-334, nunc pro tunc, correcting article 52 in the Memorandum of Understanding between the City and Local 47, International Brotherhood of Electrical Workers) 14. 155/150: Approving a Negative Declaration pursuant to CEQA findings for the installation of ballfield and security lighting at Ponderosa Park. 15. 155: Approving a Negative Declaration pursuant to CEQA findings for the development of a proposed 3500 square foot child care building and site improvements to be located in the City owned parking lot adjacent to the UCI Medical Clinic on Romneya Drive. 16. 123/106: Approving an agreement with POD, Inc. for their consulting services for the revision to the Recreation Element and the Riding and Hiking Trails Element of the Anaheim General Plan, and appropriating $27,500 from the 16 Fund Balance (Parksites and Playgrounds) for those services. 17. 150/142: ORDINANCE NO. 4913: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIMAMENDING SECTIONS 17.08.210, 17.08.240, 17.08.250, 17.08.260, 17.08.270, AND REPEALING SECTIONS 17.08.350, 17.08.370, 17.08.380 AND ADDING SECTIONS 17.08.265, 17.08.275, 17.08.285 TO CHAPTER 17.08; AND ADDING CHAPTER 17.34; AND AMENDING SECTIONS 17.08.310, 17.08.340 AND i7.08.360 AND RENUMBERING THEM AS SECTIONS 17.34.010, 17.34.020 AND 17.08.030 AND ADDING THERETO SECTION 17.34.040 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKS. (Resolution revising the park in-lieu fee amounts, and updating the land acquisition and development costs will be submitted at the meeting of March 29, 1988). 18. 170/123: Approving the assignment of interest in two agreements from SOPAC Properties dated August 11, 1987, pertaining to Tract No. 8520 and Tract Nos. 10976 and 10977. 19. 123: Waiving Council Policy 306 and Authorizing the execution of an Agreement with Triple A Testing Laboratories, Inc., in the amount of $245,400 for rework of the movable bleachers at Anaheim Stadium. Roll Call Vote on Resolution Nos. 88R-109 through 88R-116: 294 City Hall, AnAheim, California - COUNCIL MINUTES - March 15, 1988~ 1:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-109 through 88R-116, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. Mayor Bay announced that the following actions were not included on the printed agenda for March 15, 1988 because each occurred after posting of the printed agenda within the 72-hour period from the time of posting to the meeting day. The four following actions would therefore require a waiver of the Brown Act by four-fifths of the Council in order to be acted upon today. On motion by Councilman Bay, seconded by Councilwoman Kaywood, the Anaheim City Council determined that the need to act on the following items arose after the posting of the agenda for this meeting, on Friday, March 11, 1988, at 4:10 p.m.; and consequently waived the Brown Act requirement relative to posting the items on the printed agenda. MOTION CARRIED UNANIMOUSLY. 153/116: APPROVING THE APPOINTMENT OF A NEW ASSISTANT CITY MANAGER - JAMES RUTH: Councilman Bay moved to approve the appointment of James Ruth to the position of Assistant City Manager effective April 11, 1988, approve beginning balances of eighty (80) hours of vacation and two-hundred two (202) hours of sick leave, with vacation accrual beginning at five (5) hours per pay period, and waive the provisions of Personnel Rule 7, Appointments and Promotions to hire a Senior Secretary for the new Assistant City Manager, as recommended in memorandum dated March 11, 1988 from the Human Resources Director. Councilman Hunter seconded the motion. MOTION CARRIED UNANIMOUSLY. City Manager, Bob Simpson. He could not be happier that James Ruth has decided to "come home" to Anaheim where he had previously served the City in various administrative positions for eight years, the last being Assistant City Manager, a position which he held from 1982 to 1984. On behalf of the entire staff, he welcomed Mr. Ruth back to Anaheim. James Ruth was in the Chamber audience. He stated he was delighted to be back, would serve the City well and thanked the Council for their support. 175/123: SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN SOUTHERN CALIFORNIA EDISON AND ANAHEIM: Submitted was report and recommendation from the Public Utilities General Manager, Gordon Hoyt, dated March 15, 1988 regarding the subject case. Councilman Bay moved to approve the general terms and conditions of the Memorandum of Anticipated Settlement Agreement, and authorize the Public Utilities General Manager to execute the Settlement Agreement and Mutual Release on behalf of Anaheim, when the final Agreement language has been worked out to the satisfaction of the City's attorneys and the Public Utilities General Manager and that the Public Utilities General Manager be authorized to do the things necessary to carry out the terms and conditions of 295 City Hall~ Anmheim~ California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. the Settlement Agreement and Mutual Release - Re: Superior Court, County of Los Angeles, Cases Nos. C449472 and C514655 (Southern California Edison and Anaheim). Councilwoman Kaywood seconded the motion. MOTION CARRIED. 123: SUPPLEMENTAL DENTAL PLAN - TERMINATION OF AGREEMENT: Councilman Bay moved to approve the termination of the agreement between the City and Supplemental Dental Plans, Inc. and authorizing the Human Resources Director to give the required notice as recommended in memorandum dated March 11, 1988 from the Human Resources Director. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 123: HOLD HARMLESS AGREEMENT - BREAAND YORBA LINDA: Councilman Bay moved to authorize the Mayor and the City Council to execute an agreement holding the cities of Brea and Yorba Linda harmless for any liability arising out of the Corporate Challenge Bike Race on Sunday, March 20, 1988. Councilman Hunter seconded the motion. MOTION CARRIED. 105: UNSCHEDULED VACANCY - GOLF ADVISORY COMMISSION: Councilwoman Kaywood moved to accept with regret the resignation of Anita Austin from the Golf Advisory Commission, and authorizing the City Clerk to post an unscheduled vacancy. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilwoman Kaywood requested that a letter of thanks be sent to Mrs. Austin for her years of service on the Commission. 105: APPOINTMENT TO THE COMMUNITY REDEVELOPMENT COMMISSION: Appointment to the vacancy on the Community Redevelopment Commission replacing Mr. Dan Martinez for the term expiring June 30, 1991. (Mr. Martinez had moved from the City of Anaheim thereby leaving the seat vacant). Mayor Bay opened nominations and thereupon nominated D. Paul McMillan. Councilman Hunter nominated Bob Horton. Councilwoman Kaywood nominated Robert Schmal. There being no further nominations, Councilman Bay moved that nominations be closed. Councilman Hunter seconded the motion. MOTION CARRIED. A Roll Call Vote was then taken on the nominations in the order in which they were nominated after comments made by Council Members on their nominees. D. Paul McMillan - Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Pickler and Bay NOES: COUNCIL MEMBERS: Hunter ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None Councilwoman Kaywood moved a unanimous vote for Mr. McMillan. Councilman Bay seconded the motion. MOTION CARRIED UNANIMOUSLY. 296 City Hall~ Anaheim, California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. Mr. D. Paul McMillan was thereupon appointed to the Community Redevelopment Commission for the term ending June 30, 1991. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held February 29, 1988, pertaining to the following applications were submitted for City Council information. RECLASSIFICATION NO. 87-88-39, VARIANCE NO. 3754 AND NEGATIVE DECLARATION: OWNERS: ALBERT LEVINSON ET AL., 222 E. Manville, Compton, CA 90220 AGENT: ECONOLITE CONTROL PRODUCTS, INC., 3360 E. La Palma, Anaheim, CA 92806 LOCATION: 3360 East La Palma Avenue To establish a 2-parcel industrial subdivision with waivers of (a) minimum number of parking spaces, (b) maximum number of small car stalls and (c) required lot frontage. RECLASSIFICATION NO. 87-88-39 granted by the City Planning Commission, PC88-58. VARIANCE NO. 3754 granted by the City Planning Commission, PC88-59. Negative Declaration Approved. VARIANCE NO. 3744 AND NEGATIVE DECLARATION: OWNERS: SAVI RANCH ASSOCIATES, 450 Newport Center Dr. # 304, Newport Beach, CA 92660 LOCATION: Subject area is approximately 44.7 acres located at the southwest corner of 01d Canal Road and Weir Canyon Road Waiver of required lot frontage to establish a 5-lot commercial/industrial subdivision. VARIANCE NO. 3744 granted by the City Planning Commission (modified to 4 lots), PC88-60. Approved Negative Declaration. 3. VARIANCE NO. 3758AND NEGATIVE DECLARATION: OWNERS: LOUIS P. SMALDINO, 6252 N. Rosemead Blvd., Temple City, CA 91780 LOCATION: 804 South Anaheim Boulevard Waiver of minimum number of parking spaces to construct a donut shop in conjunction with an existing liquor store. VARIANCE NO. 3758 granted by the City Planning Commission, PC88-64. Approved Negative Declaration. VARIANCE NO. 3760AND NEGATIVE DECLARATION: OWNERS: DONALD R. MAY AND ROSE MARIE MAY, 836 West Romneya Drive, Anaheim, CA 92801 AGENT: THOMAS MAURER, 150 E1 Camino Real, Ste. 200, Tustin, CA 92680 297 City Hall, Anaheim, California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. LOCATION: 836 West Romneya Drive Waivers of (a) permitted encroachments (deleted), (b) maximum structural height, (c) minimum floor area of dwelling units (deleted) and (d) minimum front yard setback to construct a 10-unit apartment complex (deleted). VARIANCE NO. 3760, granted in part, deleting waivers a, c, and d, by the City Planning Commission, PC88-65. Approved Negative Declaration. Councilwoman Kaywood posed questions to staff relative to tandem parking noting that eight sets of tandem spaces were being proposed on the subject project. She is concerned as she does not recall the City used to allow tandem parking but now it has become acceptable. Her questions were answered by the Zoning Administrator following which there was no general Council consensus that the matter should be set for a public hearing. 5. CONDITIONAL USE PERMIT NO. 2941 AND NEGATIVE DECLARATION: OWNERS: MARCO ANDREAS BALJEU ET AL., 2953 Cliff Drive, Newport Beach, CA 92663 AGENT: MARTY MEHL, 24366 La Hermosa, Laguna Niguel, CA 92677 LOCATION: 2995 East Miraloma Avenue To permit retail sales of light truck bedliners and related accessories in conjunction with an existing manufacturing and warehousing use. CUP NO. 2941, granted by the City Planning Commission, for a period of 2 years, and eliminated Condition No. 2 of PC88-66. Approved Negative Declaration. 6. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 2987 AND NEGATIVE DECLARATION OWNERS: ALFRED ESCOBASA, 895 South East Street, Anaheim, CA 92805 AGENT: JAMSHID ZAMAN, 16116 Dickens Street, Encino, CA 91436 LOCATION: 895 South East Street ~o permit a drive-through restaurant with a waiver of minimum number of parking spaces required. CUP NO. 2987, denied by the City Planning Commission, PC88-67 WAIVER OF CODE REQULR~T denied by the City Planning Commission. Approved Negative Declaration. 7. PI~A[NING COMMISSION REPORTS AND RECOMMENDATIONS A. CONDITIONAL USE PERMIT NO. 1401 - Request from Karl Sater for Interpretation/Permitted Retail Uses in the ML Zone, at 2310-2320 E. Orangethorpe Avenue. B. WAIVER OF HILT.RIDE GRADING ORDINANCE FOR TRACT NOS. 10970~ 10976 AND 10977 - Request from Anaheim Hills Development Company for a waiver of the Hillside Grading Ordinance requiring fertility soil samples for Tracts Nos. 10970, 10976 and 10977. Property for Tract No. 10970 is located near Covered Wagon Trail and Silverspur Trail. 298 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. 8. RECLASSIFICATION NO. 87-88-34 (READVERTISED), VARIANCE NO. 3741~ (READVERTISED) AND NEGATIVE DECLARATION (READVERTISED): OWNERS: VIVIAN IDA PAULSON & MILDRED M. MOORE, 2517 Hiway 35, Valley Park Manasquan, New Jersey 08736 AGENTS: JEROME R. DRUKIN, 1425 E. Lincoln Avenue, Suite Q, Anaheim, CA 92805 LOCATION: 111 and 115 S. Hardin~ Avenue RS-7200 to RM-2400 or a less intense zone. Waivers of (a) maximum fence height, (b) minimum building site area per dwelling unit and (c) maximum structural height to construct a 2-story, 6-unit "affordable" apartment complex. RECLASSIFICATION NO. 87-88-34 granted by the City Planning Commission, PC88-61. ~ARIANCE NO. 3741 granted by the City Planning Commission, PC88-62. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing will be scheduled at a later date. 9. VARIANCE NO. 3755 (READVERTISED) AND NEGATIVE DECLARATION (READVERTISED) OWNERS: LOUIS L. NEUMAN & ALICE I. NEUMAN, 526 N. Citron, Anaheim, CA 92805 AGENT: MOHAMMAD SHASHAANI, 9 Coventry, Newport Beach, CA 92660 LOCATION: 115, 117 & 117 1/2 North West Street Waivers of (a) minimum building site per dwelling unit and (b) maximum building height to construct a 16-unit, 3-story, "affordable" apartment building under authority of Government Code Section 65915. Property is approx. 0.42 acre south and west of the southwest corner of Diamond Street and West Street. VARIANCE NO. 3755 granted by the City Planning Commission, PC88-63. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Councilman Pickier and, therefore, a public hearing will be scheduled at a later date. 10. GENERAL PLAN AMENDMENT NO. 239 AND NEGATIVE DECLARATION ~NITIATED BY THE CITY OF ANAHEIM, 200 SOUTH ANAHEIM BOULEVARD, ANAHEIM, CA 92805 LOCATION: Subject study area is approximately 13.7 acres bounded by Center Street to the north, West Street to the east, Broadway to the south and the Santa Ana Freeway to the west. To consider an amendment to the Land Use Element of the General Plan proposing redesignation from Medium Density Residential to Low-Medium Density Residential. 299 City Hall, Anaheim~ California - COUNCIL MINUTES - March 15~ 1988, 1:30 P.M. The City Planning Commission recommended approval of new Exhibit B, GPA No. 239, PC88-68. Approved Negative Declaration. The General Plan Amendment will be set for a public hearing at a later date since all such amendments to the General Plan are reviewed by the City Council. End of Planning Commission Items. 179: LARGE FAMILY DAY CARE HOME PERMIT NO. 88-01 OWNER: Susan M. Curfman, 7400 E. Woodsboro, Anaheim, CA 92807 LOCATION: 7400 East Woodsboro To permit a large family day care home for a maximum of 12 children. Decision No. ZA88-07 approved Family Day Care Center Home Permit No. 88-01. 179: ORDINANCE NO. 4911: WAIVER OF READING - ORDINANCES: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4911) Councilman Pickler moved to waive the reading in full of the ordinance. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Bay offered Ordinance No. 4911 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4911: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RET.aTING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 87-88-11 located at 700 South Magnolia from the RS-A-43,000 to the RM-1200 zone) Rull Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4911 duly passed and adopted. 179: ORDINANCE NOS. 4914 AND 4915: Councilman Pickler offered Ordinance Nos. 4914 and 4915 for introduction. ORDINANCE NO. 4914: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RRT.aTING TO ZONING. (Amending Title i8 to rezone property under Reclassification No. 87-88-12 located at 2765, 2775, 2785 West Ball Road from RS-A-43,000 to RM-1200 zone) ORDINANCE NO. 4914: 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. 86-87-20 located at 2775, 2785 W. Ball Road and 910, 920 S. Dale Avenue) 3OO __ City Hall, Anaheim~ California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. 127/164/137: STORM DRAIN BOND ISSUE: Councilwoman Kaywood. She referred to the report received from Public Works/Engineering on the City-wide storm drain deficiency showing needed facilities costing $35 million which the City does not have the money to install. The voters overwhelmingly in 1980 approved a ~10 million storm drain bond issue. She moved that the Council place on agenda for discussion whether or not to have another $10 million storm drain bond issue placed on the November, 1988 ballot and that the matter be set for discussion on April 5, 1988. Councilman Pickler seconded the motion. Mayor Bay stated he would be glad to support the motion but he did not feel discussion needed to be agendized until the middle of April. He looked at the City Engineer's report on open storm drains and there was one that concerned him. As he recalled the Walnut Canyon storm drain at the Golf Course was one included in this year's budget on which action was to be taken. He wants to review the data. Councilwoman Kaywood amended her motion that the matter be discussed at the Council meeting of April 19, 1988 and Councilman Pickler concurred. MOTION CARRIED. 179: ORANGE COUNTY STEEL SALVAGE - RESCINDING PUBLIC HEARING MOTION: Councilman Pickler referred to the motion he made at the Council meeting of February 9, 1988 that a public hearing be set to consider modification of existing conditions under which Orange County Steel Salvage operates. In analyzing the situation, he is determined that with the actions in process by Code Enforcement, a public hearing is not needed at this time. The conditions the Council were interested in having added to the court injunction b~ve been added. Councilman EArle asked for clarification relative to the article he read that Orange County Steel Salvage had to expedite action relative to the shredder waste pile by three months. City Attorney White. The State Attorney General is in the process of obtaining a court order expediting the time frame by three months wherein the shredder waste pile must be eliminated. City Clerk Sohl stated the public hearing was set for March 29, 1988 and the only action necessary to be taken was to cancel the legal advertising scheduled to be printed this Thursday. On motion by Councilman Pickler, seconded by Councilman Bay, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, March 11, 1988, at 4:10 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. MOTION CARRIED. MOTION: Councilman Pickler moved to rescind the motion of February 9, 1988 that a public hearing be set to consider modification of existing conditions under which Orange County Steel Salvage operates since the public hearing is not necessary at this time. Councilman Bay seconded the motion. MOTION 301 City H~_1i, Anaheim, California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. 179/107: INCENTIVES TO ENCOURAGE CONDOMINIUMS VS. APARTMENTS: Councilman Pickler. He has noted the proliferation of apartments going into the City vs. condominiums. There is quite a difference in number of units per acre, condominiums vs. apartments, and he would be interested in knowing what other cities are doing. He feels that pride of ownership in a condominium is a positive factor. He is concerned that developers come in with apartment projects instead of condominiums because they have to have so many units per acre to make a project feasible. He would like to have the issue of condominiums vs. apartments placed on a Council agenda for discussion with the possibility of increasing the number of condominium units allowed per acre to be almost comparable with apartments. Perhaps nothing will be changed but he feels it is a proper topic for Council discussion. Councilman Bay seconded Councilman Pickler's motion that the matter be agendized for discussion at a future meeting because his feelings are the same. It is time to explore the possibility of incentives to encourage more condominiums vs. apartments in the City. He has nothing against apartments or condominiums but he knows there is a feeling that home ownership that goes with condominiums is preferred. If it is not economically feasible for a developer to build condominiums, it will not happen. A vote was then taken on the foregoing motion that there be a discussion regarding possible incentives to encourage more condominiums vs. apartments in the City of Anaheim for Tuesday, April 26, 1988. MOTION CARRIED. 148/114: LEAGUE OF CITIES - APRIL MEETING - ISSUES TO BE RESOLVED: Mayor Bay. The next League meeting in April has some very important issues on which he needs Council input - (1) at the March meeting, he moved and got a vote to continue the issue on the.changes in the County's Communication System Policy regarding labor charges for maintenance and repair and (2) the new County Master Planning Organization vs. SCAG. He needs input from the Council on how to vote on these key issues which will be coming up for a vote at the April 7, 1988 League meeting. He urged all Council Members to review those two items and be ready to discuss them at the March 29, 1988 Council meeting. RECESS: By general consent the Council recessed to the start of public hearings. (2:46 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:10 p.m.) Chairman Bay reconvened the Anaheim Redevelopment Agency for a Joint Public Hearing with the City Council. 170/155/179: JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMFJNT AGREEMENT - MEYER INVESTMENT PROPERTIES, INC.: To consider the approval of a proposed Third Amendment to the Disposition and Development Agreement with Meyer Investment Properties, Inc. which provides for revised terms and conditions for the sale of certain real property, upon which has been constructed a first-class office building and parking structure on property located within the Project Alpha area, and is bounded by Harbor Boulevard, Lincoln Avenue Lemon Street and Broadway. 302 .... City Hall, Anaheim~ California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 29 and March 8, 1988. STAFF INPUT: Submitted was report dated March 8, 1988 from the Community Development Department, recommending that the Agency and the Council approve the proposed Third Amendment to the Existing Disposition and Development Agreement with Meyer Investment Properties and Anaheim City Center - 1984. The report listed the proposed modifications and included a (S,,mmary Report) analyzing Agency costs and revenues. Mayor/Chairman Bay asked if anyone wished to speak regarding the proposed Third Amendment to the subject agreement; there being no response, he closed the public hearing. Agency Member Bay offered Resolution No. ARA88-8 for adoption, approving the proposed Third Amendment to the existing Disposition and Development Agreement with Meyer Investment Properties and Anaheim City Center. Refer to Resolution Book. RESOLUTION NO. ARA88-8: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND MEYER INVESTMENT PROPERTIES, INC. 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. ARA88-8 duly passed and adopted. WAIVER OF READING -RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-117) 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-117 for adoption, approving the proposed Third Amendment to the existing Disposition and Development Agreement with Meyer Investment Properties and Anaheim City Center. Refer to Resolution Book. RESOLUTION NO. 88R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY ANDMEYER INVESTMENT PROPERTIES, INC., WHICH PROVIDES FOR REVISION OF THE PURCHASE PRICE FOR THE SALE OF REAL PROPERTY PURSUANT THERETO, AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH THIRD AMENDMENT. Roll Call Vote: 303 City Hall, Anabeim~ California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBEAS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-117 duly passed and adopted. Agency Member Bay moved to adjourn the Redevelopment Agency meeting of Marck 15, 1988. Agency Member Kaywood seconded the motion. MOTION CARRIED. (3:13 p.m.) 170/155/179: PUBLIC NEARING - T~TATIVE MAP OF TRACT NO. 11600 (Rev. No. 2), EIR NO. 257 (PREV. APPROVED), SPECIMEN TREE REMOVAL NO. 87-07 (READV.) AND NEGATIVE DECLARATION: APPLICANT: Owner: Walt Tamulinas 18431 Yorba Linda Blvd., Yorba Linda, CA 92686 Agent: Norris-Repke Inc., 507 E. First Street, Tustin, CA 92680 Attn: Jack Norris REQUEST/ZONING/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 and request for approval for removal of 11 specimen trees. PLANNING COMMISSION ACTION: The Planning Commission approved the Tentative Map, Specimen Tree Removal 87-07 (Ready.); approved EIR - Negative Declarationin conection with the tree removal. EIR No. 257 was previously approved. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of February 23, 1988 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 3, 1988. Posting of property March 3, 1988. Mailing to property owners within 300 feet - March 4, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 17, 1988. see Excerpt from the minutes of the Planning Commission meeting of February 17, 1988). (Also APPLICANT ' S STATEMENT: Walt Tamulinas, 18431 Yorba Linda Blvd., Yorba Linda, CA 92686. He is representing the owners of the property and is also one of the owners of the subject property. The intention is to install road and utility improvements to the site and to cut and grade pads for the custom home development. In meeting with 304 City Hm]l~ AnAheim, California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. surrounding property owners, they have come to an agreement in total as to their requirements in order for them to complete the project. Relative to access to the site as questioned by Council Members Kaywood and Hunter, the reasons he felt it was not feasible to take access from above, there is a development directly to the west with 49 lots presently under development and severity of the slope between that project and the subject project is such that it would not be feasible to bring a road in from that side nor would they be able to gain access because of the disadvantage to the. owner of the property should they put a road through there. In discussions with the homeowners above, they felt there was enough traffic even at present. Relative to access for emergency vehicles in the event of a fire, a representative from the Fire Department is present today who can address the issue; however, some mitigating measures have been taken, one being that fire sprinklers will be installed in all the homes. Relative to the agreement made with the neighbors, they agreed to record the agreement as a covenant to go with the land rather than be on himself or any other owners as individuals. Any future property owners would be obligated to the commitments made to the homeowners below. Relative to the EIR, the homes below were permitted and completed and the EIR was done after the homes had final notice of completion issued. The homes were there at the time the last EIR was completed. He concluded they are going to substantially improve the road from the improvements they agreed to make below the project although not a part of the project. Quintana turns into Trail. They are going to widen the road and substantially improve it from the point of Arboretum all the way up to their project which will improve access for the existing homes by the Fire Department. Mike Dory, Fire Marshal. The 12% grade is a concern with regard to their ladder trucks. Their first line pumpers and medical aid units are powerful enough to make the grade. Their new trucks weigh 67,000 and when tested on a 12% grade could attain a speed of only 3 miles per hour. That would still be a concern. The ladder truck could not make that first "s" turn, and it would be necessary to make a 3-point turn which is also a concern. If there is a fire, they would use the pumper and ladder trucks. Mayor Bay. He asked if the development as planned is adequately protected and what is the effect on response time. Mike Doty. A test drive to the top of Henning Way took a little over six minutes from Fire Station No. 10 and under five minutes from the paramedic unit at Station No. 9. Relative to the sprinkler systems they have agreed to install, the Fire Department feels comfortable with that type of protection for the residents although the concern would be medical aids. If Engine 9 was out 3O5 City Nail, Anaheim, California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. on a call and also Engine 10 and Truck 10 would be the first-in responder, that would be a serious problem. If there is no parking on the road, there should be no problem with trucks trying to enter the area and residents trying to get out except for the turns. Jack Norris, Norris Repke Inc., Civil Engineers. There is a severe grade change from Ramsgate down to Hidden Grove Lane. Looking at the Tentative Map, a road connecting the two would have to go diagonally across three or four lots in Tract No. 9524 in order to affect a grade change when the maximum street grade is 12%. It would be splicing across a hillside necessitating significant retaining walls. He does not think that grading would be practical. Twelve homes are being planned on Tentative Tract 11600. There are ll good lots and one very difficult lot which is lot 12. He confirmed for the Mayor that ingress and egress from above is not feasible from the standpoint of development of the area. Art Daw, Deputy City Engineer. The street layout as shown on the Tract Map was reviewed with the Fire Department and they expressed no concern with the alignment as long as the street did not exceed 12% grade. Mayor Bay. Regarding response times, to him a five-minute response or less is a City-wide goal and the Code states that there can be as much as a 12% grade. The lots will be one-half acre and homes totally sprinklered. Walt Tamulinas. It is a provision that there will be no parking on both sides of the street. All the lots are above and they are reasonably in the same location. No homes are down below. The majority of the lots are beyond the "s" curves all in one cul-de-sac location. Mr. Norris has been working on the project since 1979 and has considerable knowledge that has been developed over the years. There have been a number of revisions and all have had the same "s" curve configuration. There were three official and six or seven unofficial meetings with the neighbors wherein they discussed the neighbors concerns with the project. The contract was delivered to the Attorney's Office yesterday. It is the one that the neighbors' attorney was going to recommend they sign. PUBLIC DISCUSSION: CONCERNS: Susy Seigel, 6221 Trail Drive. Hers is the home at the base of the proposed access road. The neighbors feel there still remains serious fire and traffic safety hazards, their greatest concern being the potential fire hazard. Sprinklers may be adequate for the houses at the top, but the canyon is filled with dense brush on both sides. If engulfed in flames, the brush will be gone including their 306 City Hall~ An~heim~ California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. homes. The 49 homes at Ramsgate will use Trail Drive as an emergency access road which is a i9% grade. In the event of a brush fire, people will be trying to get out from the top past their houses while emergency vehicles are trying to get up. Also the intersection of Hidden Grove and Trail Drive shown in detail on Exhibit "B" of the Tract Map reflects a westward shift the developer made from the original map. The steep incline still creates a hazardous intersection. There are also no sidewalks on Trail Drive and children have to use the road to go to and from school. There will be an enormous import of land fill necessary for the development along with the potential hazard of the large trucks coming down the hill. They were compelled to work with the developer privately on an agreement. If the Tentative Tract is approved, they want to have the protections that are in the agreement but one of the stipulations of the agreement is that they agree with the project. The bottom line of their concerns and fears are still the same as they were on day one - the safety of themselves and the community. It is a complex situation and it is in the Council's bands. Gerald Bushore, 381 So. Henning Way. He is not opposed to the project. He then gave an historic and extensive overview of the property from the time it was originally presented to the City for development and the problems involved including environmental concerns. In conclusion, he stated if the project were toned down, it might make some sense relative to the improvements that must be made. He is satisfied with the agreements that have been worked out as long as they are incorporated in the conditions of approval and property spelled out. SUMMATION BY APPLICANT: Walt Tamulinas. He spoke to the concerns expressed - the dense brush will be removed leaving the desirable trees, because of the development, the road will be improved (Trail Drive to Arboretum) which will be an asset to emergency vehicles, concerns were mitigated by shifting the road significantly to the west and they have agreed to install a crash barrier at the bottom of the hill for any out-of-control vehicles, the project is a small one and not a great amount of fill will be brought to the site, trucks are dangerous when they are filled with dirt but they will be traveling up the road when filled and not down, there will only be seven to ten days when dirt will be brought in, Mrs. Seigel's attorney is the one who prepared the last draft of the agreement and he does not think her attorney would recommend against her signing it, the EIR states that due to the development surrounding the project, it in no way will be a natural preserve, relative to soil concerns, Moore and Taber have covered those issues and they will follow their recommendations. It is their Engineer's opinion that all twelve 307 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1988~ 1:30 P.M. lots are butldable and he has been working on the project for ten years, the agreement with the Wilsons and Seigels does cover the rest of the residents below. Councilman Ehrle. On some of the projects that have been approved, they have conditioned approval with extra precautions to be taken during construction. He asked the Fire Marshal if there were any recommendations he would make relative to fire protection during the construction period. Mike Doty. When framing construction takes place, it is required that water be available. Also during any "sweating" of copper pipes it is important that someone remain behind so that no fire starts or to see that nothing has been smoldering. Water at the site is covered by Code, but not someone remaining at the site. Walt Tamulinas. All the lots will be in and completed prior to any construction so there will be access. Relative to water on the site, he confirmed for the Mayor that the fire hydrants will be charged when construction begins to satisfy that requirement and he will stipulate to that. He also stipulated that during the high fire months theywill have someone remain behind on site for three or four hours to ensure that no flames will ignite. Councilman Pickier acknowledged Mrs. Seigel. Susy Seigel. Mr. Tamultnas will most likely not be the developer so he can say yes to everything at this time. City Attorney, Jack White. The conditions placed on tentative tract maps, and stipulations, relate to actions that have been taken before the final map is approved. Once the final map is approved and recorded, many of the conditions imposed on the tentative map drop by the wayside unless they are recorded against the property. Any of the conditions that the Council intends to go with the property need to be in the form of covenants that get recorded. Conditions normally put on maps are things to do before the final map is approved by the Council. One of those conditions can be to record a covenant which, once recorded, whatever the terms of the covenant are, go with the land to subsequent property owners and become obligations to be enforced later. Councilman Hunter. The Council is saying that they need to get the developer to agree to record the conditions against the property. 308 City Hall, Anaheim, California - COUNCIL MINUTES - March 15~ 1988, 1:30 P.M. Walt Tamulinas. They have no objection to the covenant. stipulation that there be a covenant. He agrees to the City Attorney, Jack White. If the Council imposes that, it does not matter whether it is agreed to or not. Unless it is done, the final map does not get approved. MOTION: Councilman Pickler moved to approve Tentative Tract No. 11600 (Revision No. 2) (EIRNo. 257 previously approved) with modifications as follows: "That prior to final tract map approval, the owner of subject property shall execute and record a covenant obligating current and future property owner(s) to the following:" (a) That the private street(s) in subject tract and the private streets providing access to subject tract from Arboretum Road shall be constructed prior to issuance of any building permit in subject tract; (b) That prior to commencement of structural framing, fire hydrants shall be installed and charged; (c) That in connection with the "sweating" of any copper water lines or any other plumbing where heat is applied by torch, the builder shall leave a person on site to check for any hidden and smoldering fire until any danger of fire is past; and (d) That all residences shall be sprinklered. The form of this covenant shall be approved by the City Attorney's Office and shall be recorded prior to or concurrently with the final tract map. A copy of the recorded covenant shall be furnished to the Planning Department. The following is also to be modified - conditions in letter of March 2, 1988 (Revision of letter dated February 23, 1988). to Mr. Tamulinas from the Planning Commission Secretary which is an excerpt from the meeting of the Planning Commission hearing of February 17, 1988: Condition No. 1 - Correct last sentence to read, (Private streets are those which provide primary access to and/or circulation within the project). Condition No. 23 - Correct to read, "That in accordance with the requirements of Section 18.02.047 of the Anaheim Municipal Code pertaining to the initial sale of real property," . · · instead of residences. Condition No. 33 - Correct Parcel No. should be 356-261-52. 309 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1988~ 1:30 P.M. Condition No. 34 - Correct Parcel No. should be 356-261-52, and add on between driveway and Assessor's Parcel No. Condition No. 35 - Include Condition No. 18. Councilman Bay seconded the motion. Council Members Hunter and Kaywood voted no. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, 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. Councilwoman Kaywood voted no. MOTION CARRIED. Councilman Pickler moved to approve Specimen Tree Removal Plan No. 87-07. Councilman Bay seconded the motion. Councilman Hunter voted no. MOTION 179/155: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2975 & NEGATIVE DECLARATION: APPLICANT: Philip Delgado, et al. (c/o Robert S. Sklar) 712 East Ball Road, Anaheim, Ca. 92800 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, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: PublAcation 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. 310 City Hall, Anaheim, California - COUNCIL MINUTES -March 15, 1988~ 1:30 P.M. At the meeting of February 16, 1988 there was extensive discussion and input (see minutes that date) following which the public hearing was continued to February 23, 1988. The applicant subsequently requested a further continuance and at the meeting of February 23, 1988 the Council granted continuance to this date. APPLICANT'S STATEMENT: Floyd Farano, Farano & Kieviet, Attorney representing Phil & Jim's. Restating the facts, the application covers a liquidation sales facility for Phil & Jim's consisting of damaged and repaired merchandise - 80% of the merchandise sold at the location consists of inbound merchandise damaged in transit. The facility has 133,000 square feet of warehouse space with 8,000 square feet or 6% of the total premises dedicated to the liquidation facility. The Planning Department has reviewed the application stating that the proposed project is similar and compatible with other uses in the area. The facility would only work as a part of the warehouse operation - 80% of the damaged merchandise is produced, received, ascertained and put into that category of usefulness at that location rather than importing it from other locations. Most merchandise is sold from 30% to as much as 80% discount from the original sales price. The following is for Council consideration: (1) The Liquidation Center is an extension of the operation of the warehouse itself. (2) It will benefit the City and the business itself. (3) There is no opposition or problems from other businesses in the area and, in fact, there have been letters of support. (4) Other retail uses are in the area. (5) Parking circulation is adequate. He also referred to Statement of Fact pertaining to the Liquidation Center prepared in a question/answer format including Attachments "A" and "B" previously submitted under letter dated March i0, 1988 (made a part of the record). He resubmitted the question and answer portion to the Council. They were not able to find a way that would be more suitable or palatable to the industrial uses but do believe that they are there. This is a very small part of an otherwise large industrial use. It is a benefit to the City in the form of sales tax. Mayor Bay asked if anyone wished to speak to the request for the subject conditional use permit; there being no response, he closed the public hearing. Councilman Pickler. He spoke in favor at the first public hearing and he is still in favor. Phil & Jim's is a firm that has been a positive influence for the City. Allowing 6% of the facility to be used for retail of damaged merchandise will not cause any problems. Councilman Ehrle. He still views this as a plus for the City. He would be concerned about setting a precedent but feels any such requests 311 City Hall, Anaheim, C~!ifornia - COUNCIL MINUTES - March 15, 1988~ 1:30 P.M. should be considered on a case-by-case basis. It has been proven the use is serving not only the community, but also the £ndustrial area. Perhaps the Council should consider creating a provision establishing a percentage limit of 5% or 7% retail on such requests in the future. Councilman Hunter. There is no significant traffic problem that will be created. It is a liquidation center and not a retail store. It is a benefit to the City. He is in favor of the conditional use permit considering the small percentage of space devoted to liquidation sales. Councilwoman Kaywood. She posed questions to the Zoning Administrator, Annika Santalahti, for purposes of clarification. In concluding, Miss Santalahti stated this is one of the only cases staff has seen where the retail area itself is a very small percentage of the facility. Most are just under 50%. In this case as well, the merchandise is brought in from other stores and not a matter of collecting cheap appliances and selling them at this location. It is their own merchandise. Mayor Bay. What they are discussing is a technical issue. It is a "stretching" of the Codes, and a major Code change relative to the City's industrial areas which, in his opinion is a serious mistake to approve such a request on a technicality. He is still speaking against the CUP because of the technical legal precedent it will set in opening up ML zoning to retail sales all over the City to some degree. He would vote to change the zoning from ML to commercial before he would allow this type of erosion on the protection of the industrial zones. He opposes the fact that they are about to break down the basic ingredient of protecting }~ from intrusion of a large percentage of retail. Councilwoman Kaywood asked the City Attorney whether this would open the doors to other industrial users to go retail. City Attorney White. He briefed the matter in detail referring to and reading portions of the Code specifically pertaining to conditional uses in the industrial zones, what is permitted and not permitted. He also clarified that the wording used in the Code regarding the basic industrial zone is the same as that in the Canyon Industrial Area. There is no difference. If the Council determines to approve any CUP under the unclassified use section, it is necessary to understand that similar types of uses that are applied for will be treated in a similar manner. The City could not deny receiving and hearing the CUP application of some other business that was being conducted similar to the business they are approving under the 312 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. unclassified use section in that same zone. It is important if the Council chooses to approve this particular use, that it be enunciated what the reasons are that this is being approved such as, is it only meant to apply to damaged or discontinued or floor model furniture and is it meant to require that an overwhelming preponderance of the floor area be warehouse as opposed to devoted to the retail sales activity as is the case in this particular use. If those are the ground rules, staff can deal with those in subsequent applications. It is difficult from a legal standpoint to not know what the rules are. If known, they can ask an applicant whether they meet the criteria or not. If not, then the application cannot be approved because staff will not find it is an unclassified use under the general section. This does not meet the strict interpretation of Code Section 18.61. Councilman Pickler. He is going to offer a resolution of approval which includes limiting the merchandise to discontinued or damaged merchandise from Phil & Jim's own stores; Councilman Hunter also included that there is an overwhelming preponderance of floor area devoted to the warehouse in comparison to the proposed retail. City Attorney White. It gives the Zoning Administrator and Planning Department direction that they should be looking at things such as square footage devoted to retail as being a very small percentage of the overall activity as well as limiting it to this type of so-called liquidated activity meaning it is limited to damaged, distressed or discontinued floor model type furniture. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-118) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-i18 for adoption, granting Conditional Use Permit No. 2975, including the following findings of fact and extra condition: That the use, as approved, is specifically for a liquidating sales outlet for merchandise consisting entirely of damaged and/or reconditioned large appliances brought to this location from the same business owner's retail stores. 313 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. That the percentage of floor area used for the liquidating sales outlet shall not exceed six (6%) of the gross floor area of the building, as shown on Exhibit No. 1, and that the proposal shall comply with all requirements of the ML (Limited Industrial) Zone. Refer to Resolution Book. RESOLUTION NO. 88R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2975. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL ~IEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler Bay None The Mayor declared Resolution No. 88K-118 duly passed and adopted. 134/179: CONTINUED PUBLIC HEARING, GENERAL PLAN AMENDMENT NO. 238, RECLASSIFICATION NO. 87-88-35, VARIANCE NO. 3742 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Edward &'Margaret M. Sauban, 106 N. Teri Circle, Anaheim, CA 92804; Walter J. & Darlene F. Peters, 107 N. Teri Circle, Aha, 92804; Ralph L. & Kathryn L. Braden, 110 N. Teri Circle, Aha, 92804; Homer D. & Patricia Griffis, 111 N. Teri Circle, Aha, 92804; John & Georgene Hardaway,F 112 N. Teri Circle, Ana, 92804; Jim & Virginia Lee Saub, 113 N. Teri Circle, Aha, 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 change the existing land use from Low-Medium Density Residential to Medium Density Residential; (2) Change in zone from RS-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. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin February 11, 1988. 314 City H-ll, AnAheim, California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. 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. At the public hearing of February 23, 1988, extensive discussion and input took place by the developers, the residents in favor and those in opposition, at the conclusion of which the public hearing was continued to this date to allow an opportunity for the applicant to submit revised plans addressing one of the major issues of concern, that being density. APPLICANT'S STATEMENT: A1 Marshall, Newport Pacific Developers, 4000 MacArthur Boulevard #680, Newport Beach, California 92660. Mr. Hanna is unable to be present today. Considerable changes have been made to their plans since last presented to the Council including the layout, the site plan, the heights and the style of the project itself which is now a residential style. He narrated a slide presentation which showed renderings of the project as well as other features of the development. He briefed the changes that had been made (also see letter dated March 10, 1988 from Magdy Hanna, listing the five recommendations made by the Council at the meeting of February 23, 1988 and which now have been incorporated into the plan. (1) Density: Number of apartment units have been reduced from 75 to 65. Affordable units have been eliminated and thus also the request for a density bonus. The project is now completely within the RM-1200 zone designation. (2) Single-story units (1-story on grade with no parking below) are 23 feet away from the single family property line. (3) Single-story units over subterranean parking are 50 feet away from the single family property line. There is no view intrusion to the single family residences. (4) The 2-story units over subterranean parking are 98 feet away from the single family property line and there are no views to the single family residences. (5) Three-story units have been completely eliminated. They have made every effort to protect the neighbors from visual intrusion. The layout of the property is completely separate from the neighborhood to the rear. The quality of the property is greatly enhanced by the redesign. (See minutes of February 23, 1988 where many of the following people gave previous testimony. Most reiterated the concerns they had which were expressed at that meeting). PUBLIC DISCUSSION- IN FAVOR: John Hardaway, 112 North Teri Circle. He is one of six homeowners who live on Teri Circle. His remarks represent his viewpoint and those of the Teri Circle families. They are an island of six single family houses on a main street sandwiched among numerous businesses which has 315 City Hall, Anmheim~ California - COUNCIL MINUTES - March 15, 1988~ 1:30 P.M. become an intolerable situation for them. They have assembled their lots into one parcel and have located a first class developer whose plan for the property would enhance the neighborhood. The residents are urging the Council to vote in favor of the proposed project so that the homeowners can exercise their right to sell and relocate to a residential neighborhood. Virginia Saub, 113 North Teri Circle (28-year resident). She and bmr husband are both retired and want to sell their home and use the equity they have built over the years. Considering all the growth and changes that have occurred in the area, the use of the land for single family home sites has run its course. She urged a favorable vote by the Council. Waiter J. Peters, 107 North Teri Circle (18-year resident). He and his wife, after having owned and operated a business on Lincoln for 10 years, are now retired and they want to be able to move to a quiet residential neighborhood. He also took exception to a statement made by Mr. Lake at the previous meeting regarding "block busting". He urged the Council to vote in favor of the project. Kathryn Braden, 110 North Teri Circle. She and her husband have lived and worked in Anaheim for 28 years and have long witnessed the changing phase of Lincoln Avenue into a commercial area and apartments. Approval of the requested zone change and the proposed project will enable them to sell their home and spend their retirement years in a quiet residential neighborhood. PUBLIC DISCUSSION- IN OPPOSITION: (Also see minutes of February 23, 1988 where many of the following people gave testimony and reiterated concerns expressed at that meeting). Patrick Lake, 2867 West Polk Avenue. Expressed concern over what Mr. Hanna had said at meetings with the neighborhood and what eventually occurred in reality. No EIRwas required to be prepared. He did not know how apartments could be built without having any impact on the surrounding area. Developers seemed to be favored over homeowners. The surrounding residents do not want the apartments. Only the six homeowners on Teri Circle are in favor. Charles Cary, 2849 West Polk Avenue. He presented a "tour" of the neighborhood which encompassed a large area (Crescent Avenue to the north, Lincoln Avenue to the south, Dale Avenue on the East and Beach Boulevard on the west). Working from a posted colored diagram of that area, he briefed the land uses contained therein as well as time lines of 316 City ~11, Anaheim, California - COUNCIL MINUTES -March 15, 1988~ 1:30 P.M. various developments. His presentation also included areas outside of the aforementioned boundaries. He noted that one-half of the neighborhood is in Buena Park. He then quoted parts of a letter to the Editor of the Anaheim Bulletin relating to over development and high density development in the City. They do not see anything new in the revised proposal presented today. A decrease in units from 75 to 65 is not significant. They opposed the granting of special privileges to a few people. It is not a "fight" between the people of Teri Circle and Polk Avenue but between the developer and all the surrounding neighborhood. It is a bad precedent to replace quality homes with crowded apartments. It is a matter of quality of life. The density is greater than any of the apartments he pointed out in his presentation. The people living in a neighborhood should have some say in what is to be developed in that neighborhood. Another issue that has not been addressed is that of sewage capacity. Dorothy Egbert, 2871 Polk Avenue (30 years). The parcel is too small for the proposed development and is not deep enough to accommodate RM-1200 zoning with 65 units. The Planning Commission rejected the request for the same reason. They would reclassify it for RM-2400 which would allow a maximum of 32 units. The revised plan is some improvement but still does not meet the Code. When construction meets or improves upon the Code requirements, citizens have few legitimate complaints. If the Code needs revising, there should be public hearings and input from people all over Anaheim instead of constantly piece-mealing erosion of the Code standards. Approval of the Teri Circle reclassification may well be establishing new precedents. She then posed four questions to be answered either by Council or staff relative to the proposal. She also outlined what she feels would be viable alternatives to the development of an apartment project and in closing questioned if Teri Circle is not now suitable for six families, why would it be more suitable for 65 families or even 32. Monica Potter, 2857 West Polk Avenue, directly behind the project. The Apartment Association of Orange County is presently trying to deal with the high vacancy factor in apartments. Apartment tenants are different in that the property they live in is not theirs, they do not care as much and do not have pride of homeownership. The City does not need more apartments on Lincoln Avenue especially of such high density in a small space. Anaheim is becoming flooded with apartments which the City does not need. Chris Turuquist, Realtors with Century 21, Santa Aha Memory Lane, 2866 West Polk Avenue. She was employed to list the Lake's property on Polk Avenue. 317 City Hall, Anaheim, California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. She has lived across the street from them for 19 years. A Disclosure Form is now necessary to be filled out by the seller wherein the seller must disclose all knowledge about his property as well as any imminent development of property close by. Some people no longer had an interest in the property once it was disclosed that an apartment development was in the planning stages. The buyer can use that as a negotiating tool. Unless the development is scaled down drastically, they are not going to be able to maintain or keep the present value of their homes. Ann Kindig, 2856 Polk Avenue. Her neighbor, Marjory Jacob, 2852 West Polk Avenue, could not be present today but asked that her letter be read. Mrs. Kindig read letter dated March 14, 1988 which was in opposition to the proposed apartment development on Teri Circle because of density and noise. She prefers commercial development similar to the one east of Teri Circle and on the west of the 2-story home. She (Kindig) is also opposed to the project for all of the reasons previously stated. Teresa Dienex, 2861 West Monroe. She objects to the proposed tandem parking, there is no access for trash collecting, there is lack of security in underground parking and the sewage problem. She suggests that there be a park on the site. SUMMATION BY APPLICANT: A1 Marshall. He first answered the sewage question explaining that there are three viable alternatives to handling that issue, one of which was approved by the City Engineer. The capacity is there and the work can actually be done. If there was no way to solve the problem, they could not build the project. He then either rebutted or countered the concerns expressed by those in opposition emphasizing that with the revised plans, there would be no impact to the single family residents to the rear of the development and certainly there would be less impact than any commercial development. They have the ability to police areas with on site security, maintenance and management. It is to be a controlled environment. There is a very high demand for apartments on Lincoln Avenue. Before concluding, he confirmed first for Councilwoman Kaywood that they did not consider building to the RM-2400 zone. With the price of land on Lincoln, it was not even a possibility they could consider. He also confirmed for the Mayor that they are in escrow with the six property owners on Teri Circle and that a condition of the escrow is that they get RM-1200 zoning. COUNCIL ACTION: Mayor Bay closed the public hearing. 318 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1988, 1:30 P.M. Councilwoman Kaywood. The project is attractive but it is not the right place to build it. She believes the homeowners could easily sell their homes. Noise from Lincoln could be eliminated by building a wall and landscaping the area. The homes on Teri Circle are very attractive and she cannot see changing that area into apartments. Councilman Ehrle. When the project was first presented, he was very much opposed to the density. The neighborhood had legitimate concerns as they still do. It is not for the Council to protect or support developers but to decide on the proper use of land within the City. Et is the Council's responsibility to protect property rights of homeowners on Polk Avenue, Belair, as well as to defend the rights of homeowners on Teri Circle. His decision is based on what is the best possible use of the land. The property is in a point of transition. The six homes are not going to be destroyed but will be relocated. The Council should provide housing for a lifestyle for all people in the City. A commercial use on the property would perhaps allow a 45 to 50-foot high building that would intrude on the single family residence much more than what is proposed. Thirty years ago when the then Council approved the single family houses on Teri Circle, they did it for a different reason - to have model homes on major streets so that the models were easily accessible for potential home buyers to view the homes. Lincoln is a totally different street today. The property currently is now at a point where it can be converted into a high quality apartment with all the amenities that have been mentioned without impact to the single family neighborhood to the rear. Councilman Hunter. He reiterated the Council should not be the judge and jury on projects that first come to the Council from the Planning Commission and when the developer sees that the Council is not going to act favorably, asks for a continuance so that the project can then be revised. Mr. Hanna builds a good project but in his opinion, this is still too much density even with 65 units. It is a quality of life issue. Apartments are proliferating throughout the City. It is time for the Council to look where they are going. From today forward, he is not going to go along with any more projects where the Council is put in the position of telling the developer to scale a project down and they will then vote for it. He is going vote to deny the project. Councilman Pickler. The Council's responsibility is to make decisions. He represents the interests of the entire City. The City is what it is today because they have given it the potential to grow. He is also for controlled growth and will oppose those projects that have too many units. He could not live on Lincoln in a 319 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1988~ 1:30 P.M. single family home. This project is a viable one for the area and it will be an enhancement to the City. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and furt~mr 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. Councilwoman Kaywood offered a resolution to deny General Plan Amendment No. 238, Exhibit A, reversing the findings of the City Planning Commission. Before a vote was taken, Mayor Bay stated that he will speak against the resolution to deny. At the first hearing, The Council made it clear that there was not enough distance from the 2-story to the single family property line or enough distance from the 1 and 1/2-story. All those changes have been made in the redesign. The project now also meets the RM-1200 Code. In his opinion, the changes lessen the impact per the Code on those four or five single family homes, which homes will be less impacted than they would be from a commercial development. A vote was then taken on the foregoing resolution to deny General Plan Amendment No. 238 and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: Hunter and Kaywood NOES: COUNCIL MEMBERS: Ehrle, Pickler and Bay ABSENT: COUNCIL MEMBERS: None WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 88R-119, 88R-120 and 88R-121) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-119, approving GPA No. 238, Exhibit "A". Refer to Resolution Book. RESOLUTION NO. 88R-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 238, EXHIBIT "B". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MF24BERS: Ehrle, Pickler and Bay Hunter and Kaywood None The Mayor declared Resolution No. 88R-119 duly passed and adopted. 320 City Hall, Anaheim~ California - COUNCIL MINUTES - March 15~ 1988~ 1:30 P.M. Councilman Pickier offered Resolution Nos. 88R-120 and 88R-121, the first approving Reclassification No. 87-88-35 and the second, granting Variance No. 3742 incorporating the changes to the original plan as stated in this public hearing and as stated in letter dated March 10, 1988 from Newport Pacific Development, i.e., in accordance with plans submitted labled Revision No. 2. Refer to Resolution Book. RESOLUTION NO. 88R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO. 88R-121: A ILESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3742, IN PART. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickier and Bay Hunter and Kaywood None The Mayor declared Resolution Nos. 88R-120 and 88R-121 duly passed and adopted. Mayor Bay announced that that a quorum is not anticipated onMarch 22, 1988 since some Council Members will be attending the National League of Cities Annual Conference in Washington, D.C. ADJOURNMENT: Councilman Bay moved to adjourn. motion. MOTION CARRIED. (6:38 p.m.) LEONORA N. SOHL, CITY CLERK Councilman Hunter seconded the 321