Loading...
1988/04/05Hall, Anaheim, California - COUNCIL MINUTES - April 5, 198d~ 6:30 P.M. The ~ssistant City Clerk called the regular meeting of the Anaheim City Council to order at 12:00 noon and recessed same until 3:00 p.m. for lack of a ~er mm. The City Council of the City of Anaheim met in regular session. The ~ayor called the meeting to order at 3:00 p.m. ~R~SENT: COUNCIL ME~iBERS: Ehrle, Hunter, Kaywood, Pickler and Bay A-~SfNT: COUNCIL ~MBERS: None ~R~$ENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ~NGINEE~: Paul Singer PLANNING DIRECTOR: Joel Fick DEPUTY CITY ENGINEER: Art Daw A Cemplete copy of the agenda for the meeting of the Anaheim City Council was ~ted at 3:15 p.m. on April 1, 1988 at the Civic Center kiosk, containing ali ~t~ as shown herein. ~iEST FOR CLOSED SESSION: City Attorney Jack Wl~te requested a Closed ~sion to consider the following items: a. Pending litigation pursuant to Government Code Section 5495~.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership O.C.S.C.C. No. 46-96-59; City of Anaheim vs. Anaheim Stadium Associates 0.C.S.C.C. 44-81-74. 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)(i). Councilman Bay moved to recess into Closed Session. Councilman Ehrie seconded ~motion. MOTION CARRIED. (3:00 p.m.) RECESS: The Mayor called the meeting to order, all Council Members present~ and welcomed those in attendance to the Council meeting. p.m. ) ~CATION: Rabbi Irvin Brandwein gave the Invocation. SALUTE: Council Member William D. Ehrle led the assembly in the Pledge ~f?[l~e to the Flag. 351 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1985, 6:30 P.M. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: American Host Month in Anaheim, Week of the Young Child in Anaheim, April 10-lQ, 1988. Frank Hoffman accepted the "American Host Month in Anaheim" Proclamation and May Stevens, along with two youngsters, accepted the Week of the Young Child in Anaheim Proclamation. i19; DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council and presented to Mr. Albert Peraza, Parks and Recreation Commissioner, whose term expired on that Commission where he has served faithfully since 1980. Mayor Bay and City Council Members personally congratulated Mr. Peraza, thanked him not only for his service on the Commission but for his volunteerism on additional special committees to assist the Parks and Recreation Department with the development of the Strategic Plan, Youth Crime Diversion Study and the Community Block Grant Funding Allocation Process. 119: DECLARATION OF CONDOLENCE: A Declaration of Condolence was unanimously adopted by the City Council to be presented to the family of Mr. Burr Williams, a long time Anaheim resident and Community leader and a member of Anaheim's Community Center Authority since 1974. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council congratulating Project S.A.Y. (Save-A-Youth), a crime and gang prevention program which directs youth of the Community away from criminal behavior toward positive citizenship. The Anaheim Salvation Army created a basketball team for the project. Accepting the Declaration on behalf of the team were Ken Morales and two other team members. Mayor Bay and City Council Members congratulated the young men for their hard work and commitment to the project. PRESENTATION: The City Council again welcomed Carla Kemp, Miss Anaheim/U.S.A. who was accompanied by Fran Mauck. Mayor Bay presented Miss Kemp with red roses and, along with ail Council Members, wished her well in the forthcoming pageant to be held July 30, 1988. MINUTES: Approval of the minutes were deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,044,361.89, in accordance with the 1987-88 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-137 through 88R-140, both inclusive and Ordinance No. 4919) Councilman Bay moved to waive the reading in full of the resolutions and Ordinance. Councilman Hunter seconded the motion. MOTION CARRIED. 352 249 Ciuy Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Bay, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished eacn Council Member and as listed on the Consent Calendar; Councilman Bay offered Resolution Nos. 88R-137 through 88R-140, both inclusive, for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: Claim submitted by Noli A. Griffin for property damage sustained purportedly due to actions of the City on or about February 13, 1988. b. Claim submitted by Greg Nova for property damage sustained purportedly due to actions of the City on or about January 28, 1988. ~. Claim submitted by Steven Gaiasinski for property damage sustained purportedly due to actions of the City on or about February 17, 1988. d. Claim submitted by Conrent Development Corporation B. J.'s Rental Store for equitable indemnity or partial equitable indemnity due to actions of the City on or about January 26, i988. e. Claim submitted by Richard L. Reed for property damage sustained purportedly due to actions of the City on or about December 21, 1987. f. Claim submitted by State Farm Auto Insurance Company as Subrogee for Michael Landreth (Claim No. 55-N390-974YL for property damage sustained purportedly due to actions of the City on or about February 17, i988. g. Claim submitted by Grace Elias for bodily injury sustained purportedly due to actions of the City on or about January lb, i988. h. Claim submitted by Jennie Wilson for indemnity for damage sustained purportedly due to actions of the City on or about October 21, 1989. i. Claim submitted by Lori Anne Wilson for indemnity for damage sustained purportedly due to actions of the City on or about October 21, 1986. j. Claim submitted by Harry Wilson for indemnity for damage sustained purportedly due to actions of the City on or about October 21, 1986. k. Claim submitted by Jerry Crum for property damage sustained purportedly due to actions of the City on or about March 4, 1988. 1. Claim submitted by Debbie Dunn for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. 353 25O City Hall, Annheim, California - COUNCIL MINUTES - April o, 1988, 6:30 P.M. m. Claim submitted by Christopher Potter for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. Application for Leave to Present Late Claim - Recommended to be Denied: n. Claim submitted by Benjamin M. Savala for bodily injury sustained purportedly due to actions of the City on or about November 7, 1987. o. Claim submitted by Richard Savala, Jr. for bodily injury sustained purportedly due to actions of the City on or about November 7, i987. p. Claim submmitted by Sylvia Savala bodily injury sustained purportedly ue to actions of the City on or about November 7, 1987. A2. i05: Receiving and filing minutes of the Community Redevelopment Commission meeting held March 9, 198~. AJ. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held February 24, 1988. A4. 105: Receiving and filing minutes of the Community Services Board meetiz~ held February 11, 1988. AD. 190: Waiving Council Policy 306 and authorizing the Purcimsing Agent to issue a purchase order without competitive bidding for one (1) each Hewlett Packard 57h4B Disc Drive and Cabinet in the amount of $14,00u.76 for use at the Stadium and Convention Center. A6. i~O: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $59,825.75 for office furniture at the Convention Center from McMahan Desk, Inc. in accordance with id #A-4573 as publicly advertised. A7. loO: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to the Anaheim Public Improvement Corporation in the amount of ~J5,255.~0 for one (1) Tymco parking lot sweeper for the Department of Maintenance. AS. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $7~,023.12 to Ray Kelly Heavy Equipment Service for eight (8) automatic transmissions retrofit/installation in accordance with bid #A-4569 as publicly advertised. A9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to the Anaheim Public Improvement Corporation in the amount of $35,218 to Cycom Data Systems, Villa Park, for Code Enforcement computer equipment and system integration. Al0. 169: Awarding a contract to the lowest and best responsible bidder, R. J. Noble Company of Orange, in the amount of $35,380.60 for Kraemer Boulevard Street Improvement. 354 247 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988~ 6:30 P.M. Ail. 167: Awarding a contract to the lowest and best responsible bidder, Paul Gardner Corporation of Ontario, in the amount of $97,779 for Signal Installation at Broadway/Clementine and Broadway/Melrose. Al2. lb9: Awarding a contract to the lowest and best responsible bidder, Artistic Landscape and Engineering, Inc. of Southgate, California in the amount of $143,956 for Route 91/57 Overcrossing Approach Landscaping Improvement. Al3. 123: Approving an agreement with California Civil, Inc. for the East Street Widening Study at a cost of $48,960, and authorizing the Mayor and City Cler~ to execute subject agreement. Al4. 123: Approving an agreement with the City of Placentia for the improvement of Crowther Avenue, between Kraemer Boulevard and the west city limit, with an estimated cost of $117,286 and authorizing the Mayor and City Clerk to execute said agreement. Al5. 151: Approving the request from Sybelina Erickson to allow the encroachment of a roof area into the 5 foot set-back area at 215 South Emerald Street, and authorizing the Mayor and City Clerk to execute the encroachment permit. AlU. 155/164: Approving a Negative Declaration pursuant to CEQA findings for the construction of the Euclid Street Storm Drain Project between the Anaheim-Barber City Channel north of 0rangewood Avenue and Broadway. This will also include storm drain construction on Crone Avenue, Loara Avenue, and Brande Avenue between Euclid Street and Gilbuck Street. Al7. 155: Certifying EIRNo. 270, Walnut Canyon Erosion Control Project, finding the EIR to be in compliance with the California Environmental quality Act and with the State and City CEQAGuidelines and adopting a statement of overriding considerations. Al8. 123: Approving an agreement with La Belle-Marvin for pavement evaluation in preparation for funding application through Federal Aid Urban (FAU), or Orange County Unified Transportation Trust (OCUTT), and authorizing tue Mayor and City Clerk to execute said agreement. The amount of the contract is 0,225. . 123: Approving an agreement with Pavement Management Systems for Pavement evaluation in preparation for funding application through Federal Aid Urban (FAU), or Orange County Unified Transportation Trust (0CUTT), and authorizing the Mayor and City Clerk to execute said agreement. The amount of the contract is $14,660. Al9. 101.123: Approving the consent to assignment of an agreement from Chief Auto Parts, a Division of the Southland Corporation to Chief Auto Parts, inc. for advertising space at Anaheim Stadium. 355 248 City Hall, Anaheim, California - COUNCIL MINUTES -April 5, i988, 6:30 P.M. A20. 123: Approving the First Amendment to the Permit Agreement with Pinata Foods to increase the number of parking spaces leased from five (5) to twenty (20), and increase the monthly lease fee from $100 to $300 through January 1989 at Anaheim Stadium, and authorizing the Mayor to sign the Amendment. A21. Removed from Consent Calendar, see item at end of consent calendar. A22. 153: RESOLUTION NO. 88R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-008 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS WITH FULL-TAME EQUIVALENTS. (to permit payment of overtime at the rate of one and one-half times the normal rate of pay for part-time Meter Readers) A23. 153: RESOLUTION NO. 88R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-008 WHICH ESTABLISHED RATES OF COi~PENSATION FOR UNREPRESENTED PART-TIb~ CLASSIFICATIONS WITH FULL-TIME EQUIVALENTS. (Amending Resolution No. 86R-008 to include Section 2, effective April 1, 1988, whic, provides pay at the rate of one and one mall-times the regular hourly rate for part-time Telepaone Operator/Receptionists and part-time Security Guard w~en working holidays or special events at the Stadium or Convention Center) A24. 153: RESOLUTION NO. 88R-139: A RESOLUTION OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-115 NUNC PRO TUNC. ( Amending Resolution No. 88R-115, nunc pro tunc, by adding the unrepresented part-time job classification of Technical Worker - $5.72 - $6.01) A25. 155: Approving a Negative Declaration pursuant to California Environmental Quality Act (CEQA) for the development of an 8-acre neighborhood parksite to include a children's play equipment area, picnic facilities, an athletic field, hardscape, parking facilities, and other park amenities on property located on Monte Vista Road near the intersection of Monte Vista Road and Weir Canyon Road. A26. 123: Approving an agreement with the Planning Group to provide professional services for the preparation of a human services needs assessment and action plan at a cost of A27. 158: RESOLUTION NO. ~8R-140: A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A28. 149/142: ORDINANCE NO. 4916: (FOR ADOPTION) A2~ ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTIONS .2350 AND .2~60 TO SECfION 14.32.190 OF CHAPTER 14.32. OF TITLE 14 OF THE ~AHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING. (Amending Title 14, Chapter 14.32, Section 14.~2.190 which wou±d add the following: Wesley Drive, on the north side and the south side, from Hancock Street to the west terminus. T~e same ordinance would also add: Orangewood Avenue, on the south side from Mountain View Avenue to Manchester Avenue, to provide for no parking at anytime) Roll Call Vote on Resolution Nos. 88R-137 through 88R-140: 356 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 58K-lJ7 through 8~K-l~0, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 491o: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEb~ERS: ABSENT: COUNCIL MEMB£RS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 491b duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A21. 124: Approving an increase in the Convention Center revenue appropriations in the amount of $1, J40,000. Account No. 64-3592, and expenditure appropriations Account No. 64-946-7107 in the same amount for the modernization projects. This item was withdrawn and removed from the consent calendar at the request of staff. No action was taken by the City Council. A29. ORDINA~qCE NO. 4917 -Flagpole Displays at the Anaheim Civic Center: Adding new section li.08.040 to Chapter 11.08 of Title ii of the Anaheim Municipal Code relating to flagpole displays at the Anaheim Civic Center. This Ordip~nce was introduced at the Council meeting of March 29, 1958 as the result of discussion relative to the request received to fly the POW/MIA flag from the Civic Center flagpole for an indefinite period. (See minutes of March 29, 1988.) Councilman Pickier. The Council should not adopt the Ordinance. The Council should have the right to fly flags they feel should be represented in front of City Hall. Other such flags have been flown before including the POW/MIA flag. If that flag is not flown on a permanent basis, perhaps it can be flown for one month of the year. Councilman Ehrle. He has reconsidered the matter. There are many other worthwhile organizations such as the Red Cross and United Way, where the Council has shown their support by flying their flags for certain periods. He is going to change his vote since there are causes which the Council should consider on a case-by-case basis. There should also be nome time limit set for flying such flags, perhaps for a week over a twelve month period. Councilmmn Hunter. He agrees with Councilmembers Pickier and Ehrie. During POW/MIA week in September, the flag could be flown at that time. He suggests that they limit such requests to one week. The proposed Ordinance could stand relative to only flying the three flags (United States, State and City flags) but looking at requests from groups on a case-by-case basis and limiting those to one week. 357 City Hall, Anaheim, California - COUNCIL IKNUTES -April 5, 1988, 6:30 P.M. Councilman Bay. The Ordinance does not have to be changed at all. It is obvious that there are not three votes to adopt it; therefore, it is not being offered for second reading. He is withdrawing it at this time. The main point in offering the Ordinance originally has been missed. The arguments had nothing to do with causes but of not being able to refuse in the future something the Council might want to refuse. City Attorney White. Yhe only reason the Ordinance was prepared was to give the Council the option to close the public forum that may currently exist t~mt the City does on occasion fly other flags than the three governmental flags. The legal possibility exists by not adopting an Ordinance prohibiting any other type of flag and having a policy of allowing other flags to be flown, that the City may be faced with a situation in the future where they cannot prohibit an organization from flying its flag on one of the City flagpoles. If that is something the Council will not nave difficulty with, there is no need to have an Ordinance. In his opinion it would not serve a legal purpose to modify it to say that an organization can nave their flag flown for a week or a month. If they choose to have the forum remain open, there is no need to have an Ordinance on the subject at all. Mayor Bay. He asked for clarification ti~at it is the Council's intent not to offer the Ordinance for adoption and thus the situation remains status quo; Councilman Pickier stated that was his intent. Mayor Bay asked the Council if they wished to take up the request of the POW/MIA at next week's Council Meeting. By general Council consensus, it was determined that the request to fly the POW/I¢IA flag would be considered at the Council meeting of April 12, i988. AJ0. 105: APPOINTMENT TO THE ECONOMIC DEVELOPMENT BOARD: Appointment to the ~conomic Development Board to ~ill an unscheduled vacancy due to the resignation of Allan B. Hughes. (The vacancy was posted Marcn 10, 19~.) Mayor Bay nominated Dennis Hardin. MOTION; Councilman Bay moved to close nominations. seconded the motion. MOTION CARRIED. Councilman Pickler Mayor Bay called for a unanimous vote on the appointment of Dennis Hardin to the Economic Development Board. Roll Call Vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay. None None Bi. ITEMS OF PUBLIC INTEREST: Ann Houg, 215 South Melrose, Anaheim. She offered an alternative solution to the POW/MIA flag issue. Governor Deukmejian decrees September 18th as POW/MIA Flag Day. Rather than proi~ibiting all flag requests, she asked 358 245 City Hall, An, heim, California - dOUNCILMINUTES - April 5, 198~, 0:30 P.M. that the City recognize the month of September as POW/MIA month and fly the flag as a public showing that the people of Anaheim care. Errol Bond, 3410 Egerer Place, Fullerton. His son has been missing in action since September 30, i97i. He has participated in the POW/MIA flag raising in 17 cities in the San Gabriel Valley. None have objected to flying the flag for a month. Ti~ State of Massachusetts nas mandated flying of the POW/MIA flag throughout that State. He would appreciate the Council's consideration of flying the flag for at least one month. Howard Garber, 533 Peralta Hills Drive. He is Legislative Ci~airman of the Taxpayers for a Centralized Jail. He pointed out for clarification purposes those who signed the initial initiative petitions to place the jail issue on the ballot will have to sign a new petition since not enough signatures were gathered before the deadline for placement on the June ballot. He also announced a meeting to be held on April i4, 195~ at 7:00 p.m. at Crescent Intermediate School, 5001 Gerda Drive, Anaheim (Santa Ana Canyon Road and Royal Oak) where citizens will be encouraged to give input prior to the preparation of an EIR regarding the placement of the jail at th~ proposed Gypsum Coal Canyon Site. He also submitted letter dated March 1, 1988 which he had sent to State Senator John Seymour regarding the alternative of regional jails and general prison/jail reforms (made a part of the record) along with a copy of Senate Bill 2231 proposed by Senator Seymour. CITY PLANNING COmmISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 14, 1988, pertaining to the following applications were submitted for City Council information. RECLASSIFICATION NO. 87-8~-36~ VARIANCE NO. 3743~ AND NEGATIVE DECLARATION: OWNERS: DENNIS W. STANDROD ET. AL., GRACE M. BUSH, & VIRGINIA BUSH, 1537 W. Tedmar, Anaheim, CA 92807 AGF~NT: JEROME R. DR~KIN, 1425 E. Lincoln Avenue, Suite Q, Anaheim, CA 92d03 LOCATION: 1811 and 1817 Cypress Street RS-7200 to RM-2400 or a less intense zone. Waivers of (a) minimum building site area per dwelling unit, (b) minimum building site width, and (c) maximum site coverage to construct a 10-unit apartment complex. RECLASSIFICATION WITHDRA~q by the Applicant. VA/iIANCE WITHDRAWN by the Applicant. RECLASSIFICATION NO. 87-~8-41 AND NEGATIVE DECLARATION: INITIATED BY THE ANAHEIM CITY PLANNING COMMISSION, P.O. Box 3222, Anaheim, CA 92~03 LOCATION: 2045 WEST BA'I3. ROAD RM-1200 to RM-2400 or a less intense zone. RECLASSIFICATION NO. 87-88-41, granted by the Planning Commission, PC~-72. Approved Negative Declaration. 359 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1968, 6:30 P.M. P~ECLASSIFICATION NO. 87-88-42, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE ~F~.IiT NO. Z~ A~D NEGATIVE DECI~TiON: OWNERS: C. DEAN CLARK AND JOYCE CLARK, 1611 South Euclid Street, Anaheim, CA 92804 LOCATION: 1601 Sout~ Euclid Street To permit the commercial office use of a residential structure with waivers of (a) minimum dimensions of vehicular accessways, (b) permitted location of par~ing spaces and (c) required screening of parking area. RECLASSIFICATION NO. ~7-88-42, granted by the Planning Commission, P66~-73. WAIVER OF CODE REQUIREMENT GRANTED by the Planning Commission. CUP NO. 2989 GRANTED by the Planning Commission, PC88-74 Approved Negative Declaration. 4. CONDITIONAL USE PERMIT NO. 2988 AND NEGATIVE DECLARATION: OWNERS: R].I.&S PROPERTIES, INC., 5995 E. La Palma Avenue, Anaheim, CA 92807 AG~T: D & 0 Services (Mark Oden), 1345 Dynamics Street, Anaheim, CA 92806 LOCATION: 5395 E. La Palma Avenue (Caliber Motors) To expand an existing auto sales/service facility to include a carwash/preparation area, storage garage and employee parking lot. CdP NO. 2988, granted by the Planning Commission, PC~8-75 Approved Negative Declaration. 5. CONDITIONAL USE PER2,tlT NO. 2990 AND NEGATIVE DECLARATION: OWNERS: ROGER MAURICE EMARD AND HELEN KATHLEEN EMARD, 1048 West Lincoln, Anaheim, CA AG~T: BOB WILLIAMS, 359 Deerfield, Irvine, CA 92714 lOCATION: 1648 West Lincoln Avenue To permit the expansion of an automotive repair complex. CUP NO. 2990, Granted by the Planning Commission, PC88-7~. Approved Negative Declaration. CONDITIONAL USE PERMIT NO. 2991 AND NEGATIVE DECLARATION: OWNERS: MOCK PROPERTIES INC., li60 Fee Ana Street, Anaheim, CA 92807 ACENT: FRANK LITTLE, 4304 East La Palma Avenue, Anaheim, CA LOCATION: 4304 East La Palma Avenue To permit a retail floor covering sales business. ~2607 CUP NO. 2991, Granted for 1 year, by the Planning Commission, PCo8-77. Approved Negative Declaration. G~PLRAL PLAN AMENDMENT NO. 235 (READVERTISED), RECLASSIFICATION NO. 87-d8-32 (READVERTISED), VARIANCE NO. 373~ (READVERTISED) AND CEQA NEGATIVE DECLARATION (READVERTISEO): OWNERS: SANTOA BECERRA & ROSA BECERRA, 1014 East North Street, Anaheim, CA 92805 DONALD K. SMALLEY & JERI M. SMALLEY, 1020 E. North Street, Anaheim, CA 92801 360 243 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. JAMES R. NEEDHAM & SHIRLEY A. NEEDHAM, 128 E North Street,Ana~leim, CA AGENT: MAGDY HANNA, 4000 MacArthur Blvd., #680, Newport Beach, CA 92000 LOCATION: 1014, 1020 and 1028 East North Street ~o construct a 19-unit, i-story "affordable" apartment complex under authority of Government Code Section 65915 with waivers of (a) minimum kuilding site area per dwelling unit, (b) maximum site coverage and (c) maximum fence ~eigl~t. GPA NO. 235, denied by the Planning Commission, PC88-78. RECLASSIFICATION NO. 87-88-32 DENIED by the Planning Commission, PC88-79. VARIANCE NO. 373~ DENIED by the Planning Commission, PC88-~0. Approved Negative Declaration. No Action was taken by the City Council on the above Planning Commission items (Nos. i-7 of these minutes). 8. RECLASSIFICATION NO. 87-88-40, VAILIANCE NO. 3756, AND NEGATIVE DECLARATION: OWNERS: ALBERT COHEN, 3301 Barrydell, Los Angeles, CA 90004 AGENT: HUGO A. VASQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92805 LOCATION: 719 and 723 W. La Palma Avenue To construct a i2-unit, 3-story "affordable" apartment building under authority of Government Code Section 65915 with waivers of (a) required coverage of parZing spaces, (b) minimum building site area per dwelling unit, (c) maximum structural height, (d) maximum site coverage and (e) required side yard setbacK. RECLASSIFICATION NO. 87-88-~0, granted by the Planning Commission, fC~o-O~. VARIANCE NO. 3756 GF, ANTED by the Planning Commission, PC~8-70. 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. 3751 (READVERTISED) AND NEGATIVE DECLARATION (READVERTiSED): OWNER: VICTOR M. VAZQUEZ JR., 2240 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: HUGO A. VASQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA LOCATION: 1310 West Center Street Waivers of (a) minimum building site area per dwelling unit, (b) maximum ~truetural h~ignt, (e) maximum site coverage, (d) required recreation and leisure area and (e) minimum structural setbacZ to construct a O-unit apartment building. VAILIANCE NO. 3751, granted by the Planning Commission, PC88-71. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public nearing will be scheduled at a later date. 10. PLANNING COMMISSION REPORTS AND RECOMMENDATIONS: A. EQUESTRIAN/HIKiNG TRAIL STATUS REPOKT - Report from Parks and Recreation for information only. 361 Z44 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. B. ORANGE COUNTY EMA - Request to determine conformance with the General Plan - Katella Avenue Bridge was approved by the Pianni~ Commission, PC88-~1. C. ORDINANCE NO. 4919: (INTRODUCTION) Amending Title 18 Zoning of the Anaheim Municipal Code pertaining to limitation of tandem parking. Councilman Pickier offered Ordinance No. 4919 for introduction. ORDINANCE NO. 4919: AN ORDINANCE OF THE CITY COdNCIL OF THE CITY OF ~AHEIMA~[ENDING TITLE 18 ZONING OF THE ANAHEIM MUNICIPAL CODE PER'rAINING TO LIMITATION OF PARKING. D. Draft Orange County Hazardous Waste Management Plan - submitted to Planning Commission for informational purposes only. E. PROPOSED ORDINANCE PERTAINING TO GARAGE SETBACKS AND TANDEM PARKING RESIDENTIAL ZONES: Recommendation forwarded from the Planning Commission that the City Council request an ordinance be prepared. Annika Santalanti, Zoning Administrator, clarified for Mayor Bay that the foregoing item (Ordinance 49i9, item C above) is intended to reduce the amount of tandem parking permissible to 25% of the total number of parming spaces on a project, whereas subject item (E) actually clarifies the Code t~at allows tandem parking. If tlmre is tandem parking it cannot be in front of someone else's garage but has to belong to the garage t~at is in front of the tandem parking. Mayor Bay. This item is a "housekeeping" measure; however, Ordinance 4919 as proposed and offered for introduction will actually reduce the amount of tandem parking thereby making the parking requirements for residential more stringent than they are now. MOTION: Councilman Hunter moved to direct the City Attorney to prepare an Ordinance amending certain sections of Title 18 pertaining to garage setbacks and tandem parking in residential zones. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 11. 155: SYCAMORE CANYON SPECIFIC PLAN ZONING AND DEVELOPMENT STANDARD CLARIFICATION: Request from James Highland for Planning Commission clarification of Code Section Nos. 18.71.060.030(f), 18.71.060.040(h) and 18.71.060.0~0(f) pertaining to Coverage and Open Space Requirements. (See letter dated March 10, 1988 from Mr. Highland.) MOTION: Councilman Bay moved to approve and confirm the interpretation presented by the City Planning Commission under Planning Commission Resolution 8~-82 in answer to the subject request. Councilwoman Kaywood seconded the motion. MOTION CARRIED. End of Planning Commission Informational Items. 36Z 241 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. ZONING ADMINISTRATOR ITEMS: Yne following actions taken by the City Zoning Administrator at the meeting of March 2~, 1958, pertaining to the following applications were submitted for City Council information. AOMINISTRATIVEADJUSTMENT NO. 86-03: OWNER: Ted Lloyd, Prado 'Woods Corporation, liS~ N. Tustin Avenue, Orange, CA 92667 LOCATION: In a tract consistin~ of 24 acres at the northeast corner of Avenida de Santiago and Hidden Canyon Road. ' Request is to construct 7 single-family residences with waiver of maximum structural height (25 feet permitted; 26.3, 26.5, 27 and 27.5 feet proposed). GRANTED by the Zoning Administrator, ZA88-13. No action was taken by Council on the above Zoning Administrator item. WAIVER OF READING - ORDINANCE NO. 4918: The title of the following ordinance was read by the City Clerk. (Ordinance No. 49i8) Councilman Pickier moved to waive the reading in full of the ordinance. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Pic~ler offered Ordinance No. 4915 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4918: 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. 86-67-08 located at 186 through 118 N. Coffman Street). Roll Call Vote: AYES: COUNCIL MEMBERS: Enrle, Hunter and Pickler NOES: COUNCIL MEMBERS: Kaywood ABSTAIaqED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL M~S: None The Mayor declared Ordinance No. 4918 duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes. (7:45 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (8:05 p.m.) 134/179: CONTINUED REHEARING - GENERAL PLAN AMENDMENT NO. 237, RECL&SSIFICATION NO. 87-88-24, VARIANCE NO. 3746 ~D NEGATIVE DECLARATION: APPLICANT: Angelo Brutocao et. al. 2240 W. Lincoln Avenue Anaheim, CA 9Z801 363 242 City Hall, Anaheim, California - COUNCIL MINUTES -April 5~ 1~88, 6:30 P.M. AGENT: Hugo A. Vazquez 2240 W. Lincoln Avenue Anaheim, CA 92801 REQUEST/ZONinG/LOCATION: T~e original requests were as follows: To consider an amendment to the General Plan to redesignate subject property from General Commercial land uses to Medium Density Residential land uses. CL to RM-i200 or a less intense zone. Waivers of (a) maximum fence t~eight, (b) minimum building site area per dwelling unit, (c) maximum structural height and (d) minimum distance between buildings to construct a 220-unit, 58-foot high, 4 to b-story "affordable" apartment complex. PLANNING CO~-4ISSION ACTION: The City Planning Commission approved GPA No. 237 Exhibit A; Resolution No. PC88-24 - approved Reclassification No. ~7-88-2~, Resolution No. PC8~-2o - Conditional Ose Permit No. 2970 was withdrawn by the applicant; and the City Planning Commission granted Variance No. 374~, PC88-26; approved EIR Negative Declaration. PUBLIC NOTICE REQUIREMFJqTS MET BY: Publication in Ana~mim Bui±etin FeDruary 5, 1988. Mailing to property owners within 300 feet - February 25, 1988. P~2~NING STAFF INPUT: See Staff Report to the Planning Commission dated February 1, 19~8. The City Council considered the above referenced application at a public hearing held February 9, 1988 and denied the General Plan Amendment, the Reclassification and Variance. Subsequently on February 16, 1988, the applicant applied for and was granted a rehearing to review a revised plan for the subject project. The public hearing was readvertised for the meeting of March 8, 1988. At the meeting, the applicant requested a continuance to the meeting of April 5, 1988 concurred in by representatives of the neighborhood. APPLICANT'S STATEMF~T: Hugo Vazquez, 649 South Live Oa~ Drive. There have been a minimum of four meetings with the neighborhood. They have worked as a unit to come up with the revised plan before the Council tonight. He deferred to the architect on the project. Mr. Phil Terhorst, McCiaren and Vasquez, Partners, inc. He narrated a slide presentation wherein he explained the site plan remains basically unchanged showing the two buildings and showing the vast majority of t,e units looking north and south and not toward the single family homes. The units closest to the single family homes on the west are ali town ~ouses with no second floor balconies. The height of those are now reduced from 35 feet to 28 feet with patios at grade. Along Muller Street the original 58 foot height of .those buildings bas been reduced to 38 feet - the five stories plus a two-level garage reduced to three stories witi~ a fully suomerged basement garage. 364 239 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. Along Lincoln Avenue they have maintained the three story height at 38 feet except at the western edge where the height is reduced to 28 feet. One slide showed the relationship of the town homes to the single family homes varying from 60 to 75 feet away from the property line to the town homes with a maximum height of 28 feet and no second story balconies. Anot~mr of the slides showed the comparison in size of the buildings previously proposed and the height of the buildings under the present revised plan. Although the project size, both with regard to height and number of units has been reduced (formerly ~ feet now 38 feet and previously 220 units now ld4 units), they have not decreased the architecture or quality of the project. It is a quality project and they are asking Council approval of the revised plan. Hugo Vazquez. The remaining item to be addressed and of great concern to the neigh0orhood is egress from tneir residential area onto Lincoln to go east. The Traffic Engineer, Paul Singer, was invited to one of their meetings in order to resolve this problem, one which has been in existence before and re§ardless of the project whether built today or 20 years from now. There are only two exits from the residential area to the west - off Aladdin Avenue and one that the neighbors have been using througn the Anaheim Bowl parking lot out on to Mutier to take advantage of the traffic signal at Muller and Lincoln. He is proposing and is stipulating to paying for a traffic signal at Aladdin and Lincoln, although Mr. Singer does not favor a signal at that location. Annika Santalahti, Zoning Administrator. She explained for Councilwoman Kaywood that revision no. 3 is the revision before the Council today which is posted on the Chamber wall. The second waiver of density per unit was eliminated by the revised plan. There are now 184 units in the project down from 220. They nave modified some of the other waivers but the other three waivers are still necessary. There is no staff report on the latest revision. The density is 35.8 units per acre with 3~ units per acre permitted. The square footage is 1203 square feet per unit instead of lZ00 which is the minimum. Building coverage either decreased or has remained the same. Yhe developer has not indicated their intention relative to affordable units that were proposed originally. Mayor Bay. With square footage of lZ03, there is no need for a density bonus whatsoever. AD~i~a Santalanti. The Council can still require affordable units. Staff assumed the developer was willing to go forward with these. 365 240 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 198~, 6:30 P.M. PUBLIC DISCUSSION: IN FAVOR: James Halbrook, 106 North Dahlia. A tentative agreement been reached between the neighborhood and the developer wherein the neighbors will lend support to the project provided some items are met - the 38 foot maximum height, i84 maximum units, and accesibility to eastbound Lincoln through some kind of control. Mr. Singer met with the neighborhood but the residents did not fee± he had their interests in mind. He (Singer) proposed two alternatives - to put a gate and a tunnel underneath the proposed project which would take away from the buildable area, hurt the aesthetics of the project, open the possibility of lawsuits in case of injury or damage, exiting out on to Muller which already would be crowded with people exiting the project. The other alternative was to do nothing. A light can be put at the offset of Aladdin and Empire. The traffic study indicated there were not enough turns to warrant a light. He contends there are lights in the area now that do not have enough turns to warrant them either but they are there to accommodate industrial workers or sports teams. The neighborhood has gone to great lengths with the developer and has come to a compromise that will make everyone happy at no cost to the City. He reiterated and emphasized that they need a left turn light in order for the neighborhood to be able to exit and get to eastbound Lincoln safely. He is speaking for the residents of the area. Glenda Flora, 106 North Bernice. ~heir main concern nas been relative to their accessibility to eastbound Lincoln. Today at noon there was an accident at t~. subject location. ~t is extremely difficult to get out of the residential area safely. They feel that at least a traffic signal that would be triggered when a car approaches would be appropriate for that site. Betty McFarlane, 231 North Carol Drive. They have contacted over 300 people not only from the residential area to the west of the proposed project, but also across on Empire, Hiawatha anG quite a few 0thor streets. She thanked all the people in the community who worked so hard not only to gather the signatures but also those who worked diligently with Mr. Vazquez and Mr. Vazquez himself to come up with what is being presented this evening. The traffic light is a very important issue and she urged the Council to give it very careful consideration. She thereupon submitted the petitions (made a part of the record) containing approximately 339 signatures requesting a traffic light at Aladdin Drive and Lincoln Avenue. PUBLIC DISCUSSION: IN OPPOSITION: None 366 237' City Hall, Anaheim, California - COUNCIL I~INUTES - April 5, 1988, 6:30 P.M. Mayor Bay closed the public hearing. COUNCIL DISCUSSION: Councilwoman Kaywood. She referred to two letters received in opposition, one of which indicated that the recreation room being proposed in the project was going to be changed into a restaurant. Hugo Vazquez. He confirmed that it was not his intention to convert the recreation room into a restaurant. Councilman Pickler asked to hear from the Traffic Elgineer regarding the traffic light being requested. Paul Singer, Traffic Engineer. His primary recommendation was to provide access to the neighborhood in the same manner it is being provided today, through the subject property. The residents can now make safe left and right hand turns from Muller. An additional traffic signal at Aladdin and Lincoln would cause several problems - it is not warranted and the City is presently in the process of spending a great deal of money and effort to provide an interconnected traffic signal system throughout the City. Unwarranted traffic signals along an artery such as Lincoln are causing a disservice for the traveling public, those people for whom he is speaking. The neighborhood can be provided with the same safe access they nave today through the property which access is being proposed to be closed by the development of the complex, dis recommendation to them was to provide the access by some means, most preferably on the surface. An easement could be provided through the property. Mayor Bay. If the property owner decided that it was more economically feasible for him to build or landscape or to do what he wishes with his property rather than giving an easement or access, ne should be able to do so. Because there is an ingress and egress problem for the residents to the west developed by past planning of the City, if the owners choice is to pay for a new traffic light vs. developing the property the way he wants to, it is his choice to do so. if t~mre was direct access in line with Diane Way coming out nea~ the south end of Muller, should there be any back up at the light, those cars would have to go into the development to the north in order to be able to get into the end of the line on the stackup on that light. He feels there is every reason in the world to put a triggered traffic light at Aladdin and Lincoin to solve the whole ingress and egress problem which maybe should have been done years ago. Paul Singer. It is economically probably more feasible for Mr. Vazquez to spend $100,000 on the traffic signal at Aladdin and Lincoln than to provide access through the property. However, it is not necessarily in the best interests of the driving 367 238 City Hall, AnAheim, California - COUNCIL MINUTES - April 5, 19~8, ~:30 P.M. public who would be spending approximately $55,000 a year having to stop at tizat signal at the rate of 7~ a stop. Discussion then followed between Council Members, staff and the developer relative to the access issue. Councilman Pickler feat that the developer should somehow provide access through his property to accommodate the residents to the west for a safe access which will eliminate the need for a traffic light; Mr. Vazquez emplmsized that the neighborhood was totally behind wanting a traffic light at Aladdin and Liacoln and on behalf of the neighDornood he is standin~ by them in that request. He was also just informed by the residents that they are opposed to having to drive through the project for that access. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Hunter, 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 nave a significant effect on the environment . MOWION CARRIEO. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Reso~dtion Nos. 88R-141, 88R-14Z and Councilman Bay moved to waive the reading in full of the resolutions. Councilman Pickier seconded the motion. MOY±ON CARRIEO. Councilman Bay offered Resolution No. ~8K-141 for adoption, approving General Plan Amendment No. 237, Exhibit "A" (KM-i200 zoning). Refer to Resolution Boo~. RESOLOTION NO. 8SR-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING G~ERAL ~LAN AM~D~Y NO. 237, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABS~qT: COUNCIL ME~ERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Picgler and Bay None None The Mayor declared Resolution No. 88R-i41 duly passed and adopted. Councilman Bay offered Resolution No. 88R-142 for adoption, approving Reclassification No. 87-88-24. Refer to Resolution Book. RESOLUTION NO. 88R-142: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ~AHEIM APPROVING RECLASSIFICATION NO. 87-88-24. Roll Call Vote: 368 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MPiMBF~S: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. ddR-142 duly passed and adopted. Councilman Bay offered Resolution No. 88R-143 for adoption, granting Variance No. 3740 accordin~ to Revised Plans, labeled Revision No. 3, for a 3~ foot high structure and i8~ units along with a stipulation by the developer that a triggered traffic signal will be installed at the corner of Aladdin and Lincoln to give ingress and egress to the single family neighborhood to the west of the proposed project and that conditions be modified in accordance with the revised plans. Before a vote was taken, Traffic Engineer Singer requested that the light not be triggered but that it be a standard traffic signal so that it can be integrated wit~ the City's traffic control system. Councilwoman Kaywood. She expressed concern relative to the installation of the traffic signal. The number one problem in Orange County is traffic. Traffic signals only a few hundred feet apart will have a detrimental effect on traffic flow. A vote was then taken on the foregoing Resolution granting Variance No. 37~ but amended to stipulate that the traffic signal to be installed at Aladdin and Lincoln not be a triggered traffic signal but that it be a standard traffic signal. RESOLUTION NO. 88R-i43: A R~SOLUTION OF THE CiTY COUNCIL OF TH~ Ci'~Y OF ANAti~AM GF~I'ANG VA_R~CE NO. 374~. Roll Call Vote: AYES: NOES: ABS~IT: COONCiLMF2dBF~S: COUNCIL M~4{BERS: COUNCIL MF~{BEKS: Ehrie, Hunter and Bay Kaywood and Pickier None The Mayor declared Resolution No. ~R-i*J duly passed and adopte~. 179: PUBLIC HEARING - AMEND CONDITIONS OF APPROVAL OF RECLASSiFICATiON NO. 86-87-19 (OAK HILLSRANCH): The request from the Baldwin Company, l~8il Hale Avenue, Irvine, Ca. 9Z7i4 is to amend the conditions of approval for Reclassification No. ~-87-19, as detailed in Resolution No. 87R-272. Reclassification No. 86-87-19 is for a change in zone from OS(SC) to PC(SC), consisting of RS-HS-10,000(SC), RS-5,0~0(SC), RM-3000(SC),CL(SC), and OS(SC) zones, to provide for the development of up to 2,i47 residential units, J0 acres of commercial use, 1o9 acres of open space, a i2 acre par~ site and a 10 acre elementary scaool, on ~91 acres located southeast of the Weir Canyon Road and Riverside Freeway intersection, and bounded on the north by Sycamore Canyon (formerly Wallace Ranch), west by the HigHlands at Anaheim Hills property, and south and east by the Irvine Company property (OAK HILLS/TH~ SUM}lIT). 369 236 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. Environmental Impact Report No. 281 was previously certified by the City Council on June 30, 1987~ the Planning Department recommended that the conditions of approval set forth in Resolution No. 87K-272 be amended as reflected in attachment "C" (pages i through 24) of report dated March 28, 19S8 from the Planning Department. PUBLIC NOflUE REQUiR~MENYS MET BY: Publication in Anaheim Bulletin March 24, Mailing to property owners within 300 feet - March 25, Posting of property March 29, APPLICANT'S SYAY~Mf~T: Diana M. Hoard, Vice President, The Baldwin Company, 11~11 hale, Irvine, owners of The Summit. In March they filed a request to amend some of their conditions with two major objectives in mind - first to enable them to l~ave a financial parcel map which is critical to the development of a project with the magnitude of The Summit. It is a requirement which was not envisioned when the project first went through. The other is to reorder some of the conditions so t~at they can fall in a sequence which is more normal in the development cycle and more coordinated with the adjacent ranches so that they do not find themselves trying to achieve one thing before the other ranches and so there will be an equitable situation. She concurs with the changes staff has recommended in t~eir report having worked with staff over the past month on acceptable wording. She also received the final wordi~ of the water conditions which were just submitted (see conditions of approval - modifying conditions 9 and lZ and withdrawing conditions 10, 11 and 13). As an item of clarification, in condition ~6 a point was added that stated access would not be used for general traffic circulation. She wanted to know if that would still allow construction traffic, which is not considere~ general traffic. PUBLIC DISCUSSiON: Kevin Kirk, Kaufman and Broad of Southern California. He represents the developer of the Bauer Ranch Community which is being affected by one of tl~e amendments requested. One of the issues which the Council dealt with on approval of all the ranc~s was the fair timing of reimbursements to the Kaufman and Broad (K and B) project, and the extensive amount of monies tmat were advanced by their development to insure that future development would have the facilities in place to accommodate their needs. He wanted to ~ow what were the reasons for the recommendation on the amendment to delay the payment of r~im~ursements consistent with previous approvals, and also if there were any other definitive guarantees of entitlement 'being proposed for the project that would enable them to get their financing without the change or amendment in conditions. 370 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. Joel Fick, Planning Director. The amendment in the condition referred to would be consistent with the timing established on the other two ranches and also, to their understanding, with what K and B is in agreement with the ranches in terms of timing of payment for the reimbursement. Staff will be taking the reimbursement programs back to the City Council when completed, but their understanding in discussions with representatives from the Bauer Ranch, Kaufman and Broad and other ranch owners, this is the timing that is reflective of the mutual agreement between the ranches. The timing of the condition puts it on par witi~ the timing of the condition on the otter ranches. What Mr. Kirk is referring to are the development agreements that are proceeding bota on the Higlzlands and Sycamore Canyon which will be coming before the Council next week. The Baldwin Company just last week filed their development agreement which will also address the issue Mr. Kirk is raisin6. The timing of the submittal did not coincide with the other ranches, it is just now starting the process and that is perhaps the clarification that is needed. Kevin Kirk. He is concerned that certain commitments made between the City and K and B are being somewhat renegotiated in this process. Their money is gone. ~e is as~i~ that they not be allowed to finance future development in the City when they were not allowed to do t~mt at the time they got their approvals. There being no furtimr persons who wished to speak Mayor Bay closed the public hearing. COUNCIL DISCUSSION: Councilwoman Kaywood then posed questions to the Planning Director for purposes of clarification relative to fire access wherein ne confirmed that the access being provided meets with the approval of the Fire Department and the Traffic Engineer. He also confirmed that the reimbursement to K and B, only takes place when development occurs on the other ranches and there has been no delay with regard to terms of payment on reimbursements because no development has yet occurred on the ranches. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-144) Councilman Pickier moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. ~8R-144 for adoption, amending conditions of approval in accordance with staff recommendation, as reflected in attachment "C" (pages 1-24) of report dated March 28, 19~8, in Reclassification proceedings 6~-87-19 as set forth in Resolution No. 87R-27Z. Refer to Resolution Book. 371 234 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1988, 6:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay. None None The Mayor declared Resolution No. 88R-±44 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2855 AND NEGATIVE DECLARATION (PREVIOUSLY APPROVED): APPLICANT: Owners: Richard G. Saylor & Barbara L. Saylor, 804 West Broadway, Anaheim, CA 9280~ REqUEST/ZONING/LOCATiON: Petitioner requests deletion of condition pertaining to improvements of right-of-way in conjunction with a bed and breakfast inn with waiver of maximum area of freestanding sign, located at 80~ West Broadway. PLANNLNG COMMISSION ACTION: At their regular meeting of February 17, 1~86, the City Planning Commission by motion recommended that the City Council review the above request. PUBLIC NOTICE REqUiREMENTS BY: Publication in the Anaheim Bulletin March 2,, 1988. Mailing to property owners - Marcn 24, l~d. Posting of Property March 24, ±988 PLANNING STAFF LNPUT: See Staff Report to tile Planning Commission dated February 17, 19~6. PETITIONER- APPLIC~qT: Ric~mrd Saylor, 8u4 West Broadway, Anaheim, was present to answer questions. Mayor Bay. He surmised the following: that the Saylors were caught in the middle of Ordinance changes and there was no way to make an exception in their case. Subsequentiy, the Ordinance was changed thus allowing for appeals and tn4 Saylors are now asking the Council to consider their request in the way that the Ordinance has been changed. Mr. Saylor confirmed that the situation was as Mayor Bay stated and he had nothing to add at this time. PUBLIC DISCUSSION: Sally White, 809 West Broadway. She is present to represent her entire neighborhood on both sides of the street. They chose Broadway to live on 35 years ago over many other streets. They loved it then and now. THey do not want to see Broadway changed. When Lincoln Avenue is again opened to through traffic, they are hoping Broadway will return to normal. Since 372 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1986, 6:30 P.M. the Saylors have agreed to the required dedication, it is unfair to expect ttmm to pay for the street and curb improvements. They also hope that improvements will not be done piecemeal as they do not want to see Broadway chopped up. There being no further persons who wished to speak Mayor Bay closed the public hearing. COONCIL DISCUSSION: Councilwoman Kaywood asked to near from the Traffic Engineer. Paul Singer, Traffic Engineer. The widening of Broadway in front of the Bed and Breakfast was part of tne Planning Commission Resolution and likewise was included by the City Council. Staff has recently polled the entire neighborhood on Broadway asking if they would permit the taking of parking along the street. There was overwhelming opposition and as a result in order to move traffic on Broadway, staff would like to be able to continue installing the continuous left turn lanes. They have not been able to do so in front of Pacesetter Homes although the street has been widened and a new signal installed at Citron. They do need the little "notch" in front of the Bed and Breakfast in order to make the transition to provide separated left turns at Citron for both directions and then by transition into a continuous left turn lane on Broadway. Without that "notch" they cannot make the transition until after crossing Citron Street. Every evening there is a substantial delay at that signal because of left turn traffic thereby tying up through traffic on Broadway. Mayor Bay. He asked if it is the intent to widen Broadway and if so, how soon. He assumes the widening is to retain the parking and still have the travel lanes required in the circulation plan. Paul Singer. The intent is to widen and to retain the parking. Art Daw, Deputy City Engineer. The widening of Broadway is in the 1988-89 budget. The original proposal at the time the budget was assembled was for the reconstructfon of the roadbed itself. A furrier analysis indicated that the curd and gutter are also in poor condition and should be replaced thus necessitating severe trimming and pruning of roots of the existing trees which according to the Parks Department puts them in a bad condition being subject to possible toppling during heavy winds. Engineering is proposing in the near future to have a meeting with all property owners along Broadway to get their input and discuss the various alternatives that might be considered. One alternative would be to essentially set the curbs back two feet from where they are presently located. Broadway is a secondary highway which normally calls for a ~4 foot roadway, curb to 373 City Hall, Anaheim, California -COUNCIL MINUTES - April 5, 1988, 6:30 P.M. curb. Presently existing there is 60 feet. One of the proposals would be to widen two feet on both sides. Paul Singer. Widening to 64 feet permits one of two things - four lanes and parking, or five lanes and no parking. After further discussion relative to the widening of Broadway, City Attorney White answering Mayor Bay, explained that Council previously amended the Code to relieve developers from a requirement to dedicate and improve in certain situations where minor projects, or only interior improvements were invoived. In this case a condition was imposed on the discretionary permit in connection with the Bed and Breakfast. If the condition is released in whole or in part, then the Ordinance will not require either the dedication or the improvement. The Council has the authority under law to impose any condition that ~as a reasonable relationship to the public needs created by the project. Mayor Bay. in this case, he wants to retain wl~at is needed in the way of dedication but ne does not personally think they ought to be imposing very costly improvements as stated in Condition 3 in the subject project. City Attorney White. He clarified the Code still requires the dedication . If they deleted the condition entirely, at the time the building permits are requested a dedication to the ultimate right-of-way as shown on the General Plan would be required but the improvements would not. Councilman Hunter. The Council should delete the condition which imposed upon tile Saylors tile posting of a bond for the improvements, if the Ordinance had been in effect at the time the Saylors opened their Bed and Breakfast, they would not nave had to post a bond. It is a hardship on this small business old-ne r · Councilwoman Kaywood. Approval of the Bed and Breakfast was conditioned upon the conditions imposed at the time which included that provision. Barbara Saylor, 804 West Broadway then explained for Councilwoman Kaywood what occurred when they applied for the Conditional Use Permit and how, if they had understood that they were responsible for the cost of installing the improvements, they would not nave signed the necessary documents and would have dropped the project. Councilman Hunter moved that the CEQA finding, Negative Declaration, w~icn was previously approved is adequate to cover the subject change. Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF R~ING - RESOLUTION: THe title of the following resolution was read by the City Clerk. (Resolution No. 88R-145) 374 229 City Hall, Anaheim, California - COUNCIL MINUTES - April o, 1988, 6:30 P.M. Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MO£%ON CAR/tIED. Councilman Hunter offered Resolution No. 8~R-145 for adoption, granting Conditional Use Permit i~o. 2853. Refer to Resolution Book. Before vote was taken, City Attorney White clarified that the Resolution wou±d delete Condition No. 3 of pC~0-287 which would relieve the property owner of the requirement to install the improvements but the property already dedicated would still be required and that would stand. A vote was then taken on tl~e foregoing Resolution with the clarification as stated by the City Attorney. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MF/4BERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor deciared Resolution No. 88R-145 duly passed and adopted. 170: PUBLIC HEARING - WAIVER OF HILLSIDE GRADING ORDINANCE REQUIRING FERTILITY SOIL SAMPLES, TRACT NOS. 10970, i0976 AND 10977: P, EQUE STOR: AP P F.T.T.A.NT: Anaheim Hills Development Company 2 North Lake Avenue, Suite 800 Pasadena, California 91101 P. J. Cicla, Vice President/Development Celtmark Properties 2425 Colorado Avenue, Suite 300 Santa Monica, California 90404 REQUEST: To consider the subject waiver in connection with Tract No. 10970, located near Covered Wagon Trail and Silverspur Yrail in the Anaheim ~ills area. Tract Nos. lOMTo and 10927 have not been approved by the City and are not recorded as of this date. The waiver requested is the requirement for fertility soil samples. PLANNING CO~4ISSION ACTION: The City Planning Commission denied the subject request for a waiver at its meeting of February 29, 198~. STAFF INPUT: See staff report from the City Engineer dated February 22, recommending that the Planning Commission and City Council deny the subject request. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 24, 1988 Posting of property March 24, i988. 375 230 City Hall, Anaheim, California - COUNCIL MINUTES - April 5, 1988, 6:30 P.M. Mayor Bay asked if the requestor or anyone else was present to speak to the subject; there was no response. After a brief discussion between Council and staff clarifying the reason wi~ the nmtter was before the Council, Mr. Frank Elfend, Elfend and ASsociates, ilS1 Dove Street, Newport Beach stated this was a project tl~ey were wor~ing on with the City of Anaheim but not in the same manner in which it is before the Council today. There was a time back when the request was made he (Elfend) was instructed to withdraw the request. There has been some confusion on the item. He reiterated he is now withdrawing the request. There being no further persons who wished to speak, Mayor Bay closed the public hearing. Councilwoman Kaywood moved to deny the requested waiver of the Hillside Grading Ordinance requiring fertility soil samples on Tract Nos. 10970, 10970 and 10977 as recommended by the Planning Commission and by City staff. Councilman Hunter seconded the motion, i~TION CARKIED. 170: PUBLIC HEARING - WAIVER OF THE REqUIREMEW£ OF THE HILLSIDE GRADING ORDINanCE RELATING YO LOCATION Of LOT LINES AT THE TOP OF SLOPES WITHIN TRACT 8520 FOR LOTS 43 THROUGH 9 INCLUSIVE: REQUESYOR: SalKin Engineering Corporation 12i5 East Chapman Avenue Orange, California, on behalf of Prado Corporation REQUEST: £o consider waiving the requirement of the Hillside Grading Ordinance as it relates to the location of lot lines at the top of siopes within Tract 8520 - lots 4 through 9 inclusive. Tract No. 85Z0 is located adjacent to Midden Canyon Road and Avenida de Santiago in the Anaheim Hills Area. PLANNING CO~.ilSSION ACTION: At tt~ir meeting of February 17, i9~, the Planning Commission recommended approval of the subject request. STAFF INPOT: See Staff Report dated January 27, 198~ from the City Engineer recommending approval of the subject request. PUBLIC NOTICE REQUIKE~1TS MET BY: Publication in the Anaheim Bulletin March Z4, 1988 Posting of property March 2,, 1988 Mayor Bay asked if anyone wished to speak. APPLICANT'S STATEMENT: Ted Loyd, General Manager, Prado Woods Corporation, developer for Tract 85Z~. They are requesting waiver of the normal Code requirement. The Home Owners Association will be maintaining the slopes. They need approval of the waiver before they can receive their final building permits. 37o 227 City Hall, Anaheim, California - COUNCIL MINUTES - April b, 1988, 6:30 P.M. PUBLIC DISCUSSION: There was no one to speak in favor or in objection. COUNCIL ACTION: Mayor Bay closed the public hearing. MOTION: Councilwoman Kaywood moved to approve waiver of the Hil±side Grading Ordinance relating to location of lot lines at the top of slopes within Tract 85Z0 for lots 4 through 9 inclusive as recommended by staff. Councilman Hunter seconded the motion. MOTION CARP. lEO. ADJOU~qMENT: Councilman Pickier moved to adjourn to Friday, April 6, i~6~ at 12:0'6 noon for Closed Session. Councilman seconded the motion. MOTION CARKIEO. (10:lJ p.m.) LEONORA N. SOHL, CITY CLERK 377