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1988/05/1095 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 10, 1988, 10:00 A.M. The City Council of the City of Anaheim met in adjourned regular Session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay (Councilman Pickier entered at 10:20 a.m.) COUNCIL MEMBERS: None CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CI22.K: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick STAFF PRESENT: Planning Department and Community Development Staff Members PRESENT: PLANNING COMMISSION MEMBERS: Meese, Herbst, Bouas, Boydstun, Carusillo, Feldhaus ABSENT: PLANNING COMMISSION MEMBERS: McBurney A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. OhM ay 6, 1988 at.~he Civic. Center Kiosk, containing all items as shown herein. MaY6r Bay Called ihe adjourned regular meeting of May 3, 1988 to order for the purpose of a Joint Workshop with the City Planning Commission. Cbsirman Bob Messe called the Planning Commission to order. (10:10 a.m.) 114/105/179/134: JOINT WORKSHOP - CITY COUNCIL/PLANNING COMMISSION: To consider planning, zoning and land use issues including apartments, condominiums, density issues, height variances, affordable housing issues, mixed use projects, parking standards, impact of multiple family approvals, land availability, future update of the entire General Plan and recent on-site review of multiple family developments throughout the City. An extensive and detailed 22-Page report dated April 19, 1988 from the Planning Department/Planning Divison was submitted, the subject was: "C6mparative analysis report on apartments amd condominiums." (Made a part of the record). This report recommended that the existing development standards (except parking) and density ranges for condomint,,m~ and apartments not be altered, and that the parking requirements be clarified to provide for a less restrictive standard in the 2-bedroom category only, and that the parking requirements be changed as recommended on Page 1 of the subject report. The report consisted of four sections regarding, (a) Building Activity (b) Density Ranges, (c) Development Standards and, (d) Parking Requirements. Armika Santalahti,· Z~ning Administrator, briefed portions of the report giving summary overview of staff's findings, conclusions and recommendations. · Mayor Bay-amd Council Members Kaywood, Hunter and-Ehrle gave their la,uA relative to issues over which concern has been expressed in the community 482 City ~_11, An-heim, C~!ifornia - COUNCIL MINUTES - May 10~ 1988~ 10:00 A.M. and/or areas they would like to see considered as follows: Lessening the stringent requirements for condominium projects to possibly an RM-2000 standard while at the same time raising apartments from RM-1200 to EM-1500, encouraging owner-occupied developments, controlling or limiting heavy density apartment developments, concern that lowering of standards affects the quality of life in the City, questioning why standards have been changed that have not been intended to change such as allowing subterranean parking, stop the reclassification of so many areas from RM-2400 to RM~1200, consider mixed use projects especially in the downtown area, address school overcrowding affected by high density projects, work out problems at the Planning Commission level before they become unsettling to the residents. Emphasis was placed on the issue of providing more owner-occupied developments while addressing the concerns of the residents with regard to high density apartment developments, i.e., RM-1200 issues. Councilman Pickler entered the Council Chamber. (10:20 a.m.) Councilman Pickler. He feels if a developer can build 36 umits to the acre under the EM-1200 Code with no waivers or variances, they should be able to build 36-condominiums; Councilman Hunterldisagreed because of the 'fact'that-it-~ will still be high density development and will not solve the problems or concerns with which the Council has been faced. One of the answers is to look at the overall General Plan for the City and decide what it is going to be and change it if necessary. Discussion then followed between Council and Commission Members wherein the Commission felt that condominium standards should remain the same, but the General Plan should be reviewed and updated to answer today's needs. Other issues were also broached by the Commission - the need to look at affordable housing to give a better determination in knowing what is being approved, infrastructure and traffic must be considered in the downtown area since building out to RM-1200 would be disasterous; quality open space in developments is necessary; that the developer should be held to a landscape plan when projects are approved; the necessity of reviewing the 150-foot setback requirement from multiple family to single-f~mtly since it is unrealistic and that a limit be set and adhered to; that the Council tour some of the multi-family pr.a]ects that have been approved. Mayor Bay invited public input; the following people gave comments relative to the issues being discussed. ' Ketth Olesen, 321 North Philadelphia Street. Density is the overriding problem. RM-1200 is something it was never intended to be. It is piece-mealing and randomly destroying neighborhoods and the quality of life in the downtown area. He is also urging that the Council not delay in approving the pending General Plan Amendment (GPA No. 227) which encompasses the area from La palm. to Cypress and Anaheim Boulevard to the railroad tracks. That · · area is in-des~rate-need of the kindof help being.discussed, today. Sally Horton, 226 North Claudina. Density amd quality of life are the major issues. 'She would also like to see landscape plans approved along with the project. The City's General Plan is in need of review. 483 City R, ll, A~sheim, California - COUNCIL MINUTES - May 10, 1988~ 10:00 A.M. Francis Nutto, 621 Jambolaya. He urged the Council/Commission not to believe that they can make housing more affordable for prospective buyers by lowering standards. Density is the inverse of the lot price. Somebody else will "soak up" the money. Joseph White, 809 West Broadway. Developers can come in and get many variances. They build large projects to get the most financial return but those projects are not an asset to the surrounding neighborhood. He urged that variances not be given. RB~ULT OF DISCUSSION AND DIRECTION FOR FUTURE ACTION: The consensus of both 'the Council and Planning Commission was that the City's General Plan should be reviewed and alternatives considered for the area between State College Boulevard to the east and Euclid Avenue to the west. _ POSSIBLE SUBSEQUENT ACTION: Review condominium standards to determine if they can be modified in order to stimulate home ownership developments;'approve landscape plans at the time of project approval; review the current 150-foot setback requirement from m111tiple-family to single-family homes and establish a more realistic-and..~efinttiv~-.distance; consider mixed use standards for the downtown area; re%Jew underground parking, tandem parking and affordable housing standards; change parking standards according to staff recommendations. Staff was directed to formulate and subsequently submit a work plan in order to implement some of the items discussed and submit that plan before the next Joint Workshop. It was also determined that the Council/Comm~ssionwill meet again in approximately three months and consideration to be given that such meetings take place on a regular basis, perhaps quarterly. ADJOURNMF2ff - PLANNING COMMISSION: Chairman Messe moved to adjourn. Commissioner Bouas seconded the motion. Commissioner McBurney was absent. MOTION CARRIED. (11:19 a.m.) ADJOURME~Vf - COUNCIL: meeting of May 3, 1988. CAP~ED. (11:20 a.m. ) LEONORA N. SOHL, CITY ~.~.RK Councilwoman Kaywood seconded the motion. Councilman Bay moved to adjourn the adjourned regular MOTION 484 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 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 CITY ENGINEER: Gary E. Johnson PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti ASSOCIATE CIVIL ENGINEER: Bruce Bowman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on May 6, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the meeting to order at 12:00 noon. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59. b. To discuss labor relations matters - Government Code Section 54957.~. c. To discuss personnel matters - Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any o£ the matters will not be considered in Closed Session. Councilman Bay moved to recess into Closed Session. Councilman Hunter seconded the motion. MOTION CARRIED. (12:00 noon) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:39 p.m.) INVOCATION: A Moment of Silence was observed in lieu of the Invocation. 485 City Hall, Anaheim, California - (DUNCIL MINUTES - May 10, 1988, 1:30 P.M. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: Traffic Safety Week in Anaheim, May 22-28, 1988, Poppy Days in Anaheim, May 15-19, 1988, Meals on wheels Day in Anaheim, May 16, 1988, Safe Kids Week in Anaheim, May 1~-22, 1988, Walk With Your Doc Day in Anaheim, Saturday, May 14, 1988, Heritage Day at Oak Canyon Nature Center, May 15, 1988. Captain Del Wade accepted the Traffic Safety Week proclamation; Virginia Galloway accepted the Poppy Days In Anaheim proclamation; Samuel R. Hammond accepted the Meals on Wheels Day proclamation; Robert M. Johnson accepted the Safe Kids Week In Anaheim proclamation, and Robert Sloane accepted the Walk With Your Doc Day proclamation. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Captain Marshal Beebe, a Member of one of Anaheim's pioneer families, recognizing the years of service he has given to his country and the honor he has brought to the Anaheim community. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Paul Cook, Retiring Superintendent of Anaheim Union High School District, recognizing his many contributions in the field of education while Superintendent of Schools in Anaheim and his commitment and dedication to his work and in enriching children's lives by instilling in them the love of learning. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,185,086.66, in accordance with the 1987-88 Budget, were approved. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-187 through 88R-191) Councilman Pickler moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickier, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each 486 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-187 through 88R-191, 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: a. Claim submitted by Parnell Fairley for property damage sustained purportedly due to actions of the City on or about March 24, 1988. b. Claim submitted by Barbara Aronson for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. c. Claim submitted by Joeline Aronson for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. d. Claim submitted by Scott Cohoon for bodily injury sustained purportedly due to actions of the City on or about January 16, i988. ~. Claim submitted by Bertha Mitchell for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. f. Claim submitted by Dennis Mitchell for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. g. Claim submitted by Dennis Mitchell, I1 for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. h. Claim submitted by R. E. Mitchell for for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. i. Claim submitted by Sharon L. Mitchell for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. j. Claim submitted by Robin M. Franklin for property damage sustained purportedly due to actions of the City on or about January 22, 1988. k. Claim submitted by Stephanie Leonard for property damage sustained purportedly due to actions of the City on or about January 2Z, 1988. 1. Claim submitted by City of Fullerton (c/o Daniel R. Sullivan) for damages sustained purportedly due to actions of the City on or about January 26, 1988. m. Claim submitted by Ethel M. Gowa for property damage sustained purportedly due to actions of the City on or about February i6, 1988. A2. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held March 23, 1988. 487 City Hall, ~aheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. A3. 105: Receiving and filing minutes of the Golf Course Advisory Commission meeting held March 24, 1988. A4. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for March 1988. AS. 150: Approving Contract Change Order No. 1 in the amount of $17,883 in favor of Goodman and Peloquin, Inc. for additional expenses incurred to install additional fencing, timers for security lighting, upgrading of wooden benches and a picnic shade shelter at Little People's Park. A6. 123: Approving the Local Agency-StateAgreement No. 07-5055 Supplement No. $7, which covers the Knott Street Federal Aid Urban project from Lincoln Avenue to 350' N/o Cerritos Avenue, to provide for sharing the project cost of $889,300 with Federal funds and the City in the amounts of $733,875 and $155,425 respectively. A7. 123: Awarding a contract to Barton-Aschman Associates, Inc. for the development of Alternative Transportation Revenue Enhancement Programs, relating to infrastructure improvements, at a cost not to exceed $20,000, and authorizing the Mayor to execute said contract. AS. 123/106: Waiving Council Policy 401 and approving and authorizing t~m execution of the agreements with David Taussig & Associates; Jones Hall Hill & White; BSI Consultants; Seidler Fitzgerald Sone & Youngberg, providing for consulting services to assist in evaluating and establishing alternative financing mechanisms to provide public facilities and services to new development in the Highlands, Sycamore Canyon and The Summit projects~ and further appropriating $45,000 to expenditure account 01-780-6340 and $45,000 to revenue account 01-3961 for the above purpose. A9. 160: Accepting the low bid of V & E Tree Service, Orange, California, in the amount of $13,964 for tree trimming/removal project #5, in accordance with bid proposal #4585. Al0. 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 an amount not to exceed $39,000 for inventory management/purchasing software to be used in the Purchasing Department. All. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $730,261.56 for 95 Three Phase Padmount Transformers, all in accordance with bid proposal #A-4568 as publicly advertised. Al2. 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 $12,382.92 plus freight, for 12 portable radios and associated components to be used in the Utilities Field Division and Customer Service Division. 488 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. Al3. 123: RESOLUTION NO. 88R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FORM AND AUTHORIZING EXECUTION OF A SIXTH AMENDMENT TO FACILITY LEASE BETWEEN THE COMMUNITY CENTER AUTHORITY AND THE CITY AND AUYHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (Prepared by Jones Hall Hill & White, Bond Counsel~ and relates to the Series A, B, and C bond documents in the areas of investment provision and insurance provision) Al4. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for seven months ended January 31, 1988. Al5. 124: RESOLUTION NO. 88R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING ANO DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL NOTICE OF SALE AND AN OFFICIAL BID FORM IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION Rm~ATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (Certificates of Participation - Parking Facilities Refinancing Project - not to exceed $60 million) The above Resolution: approves the form and authorize the Mayor, the City Manager, or the Finance Director to execute and the City Clerk to attest to the lease agreement, sublease agreement, and the trust agreement; approves the form and authorizes distribution of a Preliminary Official Statement, an Official Notice of Sale and an Official Bid Form relating to the financing; when prepared, authorizes the execution and distribution of a Final Official Statement; authorizes the Mayor, the City Manager, the Finance Director and the City Clerk to execute such other documents as may be necessary and appropriate in connection with such financing. Al6. 117: Approving the City Treasurer's investment Policy Statement, Strategy and Goals for 1988, as recommended by the Investment Advisory Committee. A~17~ 177: Authorizing the Mayor to execute a letter of endorsement for 91 Housing Vouchers under the Section 8 "Voucher" Housing Assistance Payments Program. Al8. 106: Setting the public hearing on the proposed 1988/89 Resource Allocation Plan for June 14, 1988, and approving the time schedule for its review and adoption. Al9. 145/000: Opposing the landfill fee increases that are being proposed by Orange County Waste Management and transmitting a letter conveying this information to the County Board of Supervisors. The County currently charges $6.12 and would increase the charge to $11.12, effective January 1, 1989, and again to $12.50 effective January 1, 1990. A20. 132: Consenting to the change of ownership of Jaycox Disposal Company, Inc., from Robert W. Kuznik and Raul Rangel to Taormina Industries, Inc., conditioned upon the close of the transaction tentatively scheduled on May 18, 1988. 4S9 Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. A21. 158: RESOLUTION NO. 88R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTEREST THEREIN. A22. 153: RESOLUTION NO. 88R-190: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-115 WHICH ESTABLISHED RATES OF COMPenSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. (To increase the rate of pay for Golf Cart Worker, Golf Course Ranger, and Golf Course Relief Supervisor) A23. 153: RESOLUTION NO. 88R-191: A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-512 WHICH ESTABLISHES RATES OF COMPENSATION FOR CONFIDENTIAL JOB CLASSES. (Creating the classification of Data Entry Operator-Confidential) A24. 150/181: Approving the designation of the gallery at the Brookhurst Community Center as the "Marguerite Lee Memorial Art Gallery" as requested by Vivian Engelbrecht, President of the Anaheim Arts Council. A25. 123: Approving an agreement with Elliott/Maloney, a landscape architectural firm, to provide professional design and consultant services for a fee of $27,700 for the Bauer Ranch Park Development. A26. 175.123: Approving the First Amendment to the Parkview Pump Station, Phase II agreement with the Presley Companies, authorizing Presley to contract for the design and construction work. A27. 175.123: Approving agreements with Woodcre~t Development, Inc. for the design and construction of a 4,500 gallon per minute pumping station and a 4 million gallon terminal storage reservoir. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBEIIS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-187 through 88R-191, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - IMPROVEMENTS AT BALI. ROAD AND HARBOR BOULEVARD: Submitted was report dated May 2, 1988 from the Public Works/Engineering Department, recommending approval of a Negative Declaration for the subject. Councilwoman Kaywood noted that the initial study referred to patterned concrete. She wants to be assured that it is not used in any walking areas. City Engineer, Gary Johnson. The patterned concrete will not be used in any pedestrian walk-ways. It will be used in the median islands where it is too narrow to landscape. 490 -- City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988~ 1:30 P.M. MOTION: Councilwoman Kaywood moved to approve a Negative Declaration pursuant to CEqA findings for the street widening and median modification for the northeast corner of Ball Road and Harbor Boulevard. Councilman Bay seconded the motion. MOTION CARRIED. 155: EN~IRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - CONSTRUCTION OF SEWER LINE - TIMKENROAD: Submitted was report dated April 27, 1988 from the Public Works/Engineering Department, recommending approval of a Negative Declaration for the subject. M].tz~ Ozaki, 340 Timken Road, posed questions to staff regarding the construction of the sewer line answered by Bruce Bowman, Associate Civil Engineer. A sanitary sewer is to be constructed and not storm drain facilities. When completed, the City will restore the surface area to its natural state. Mitzt Ozaki. The sewer will serve new homes which will be impacting their private road and drainage will come over that private road. There is a drainage problem now. Whatever damage is done is borne equally among the homeowners on Timken. She feels it would be unfair because new homeowners would not be participants on road improvements. City Engineer, Gary Johnson. He suggests that they meet individually to discuss the drainage problem. The subject is a sewer construction problem and the Environmental document only assesses the impact of putting that in. It does not involve drainage considerations. They can look at the area for the potential of storm drain facilities. City Attorney, Jack White. The only action for the Council today is to determine the appropriateness of an Environmental Impact - Negative Declaration for construction of the sewer. Problems that may occur with the storm drain or additional construction of homes should be addressed separately. The only testimony that is germaine is whether or not the installation of the subsurface facility would have a significant adverse impact on the environment. If it does not, then a motion to approve the Negative Declaration would be in order. MOTION: Councilman Bay moved to approve a Negative Declaration pursuant to CEqA findings for the construction of a sewer line in Timken Road southeast of Mohler Drive. Councilman Pickler seconded the motion. MOTION CARRIED. After the vote was taken, Mr. McNames, 230 Timken Road, addressed the Council on the issue. He referred to his 3-page letter which he had previously submitted (received May 6, 1988) - subject: Timken Road sewer improvement project (made a part of the record) requesting denial of the Negative Declaration and reporting in detail why it should be denied. He emphasized that a Negative Declaration could not be granted until the matters in his letter are addressed. Councilman Pickler noted that the Council had already approved the Negative declaration. He asked the City Attorney if he saw any problems with that action. 491 City He_il, A_n_aheim~ California- COUNCIL MINUTES -.May 10~ 1988, 1:30 P.M. City Attorney answered no. He has read the material submitted by Mr. McNames which had also been submitted to the Council. it is a matter that relates solely to determining whether there is a significant environmental effect by construction of the subsurface sewer. Other matters are not germaine to the discussion today. Staff has determined the installation of the sewer would not l~ve an adverse environmental effect. He (White) does not agree with Mr. McNames' conclusion that somehow the City is obligated to purchase from him and other owners of the street, an easement for subsurface sewer construction. He would not be in a position to give the City an easement since his own rights are in owning an easement itself. The City would have to buy it from the owner of the fee property and not from an easement holder. With regard to the allegations that the deed was not properly obtained, at this moment he does not have a response to that. It was obtained through the City's Real Property Agent. He does not view that as being germane. If there is a problem in the deed, it will be addressed by staff separately and is not before the Council today. Mrs. McNames. The matter has been discussed with the City's Engineers but hers and her husband's concerns have been ignored. The sewage is part of the drainage system. They had requested the Engineers to create a drainage system through this area. it would be nice to have a sewer if it were done properly. 123/132: PUBLIC HEARING - SOLID WASTE COLLECTION AND DISPOSAL CHARGES AND FEES/STREET CLEANING CHARGES: Submitted was report dated April 25, 1988 lrom the Director of Maintenance recommending approval of actions relating to agreements regarding this subject. Mayor Bay asked if anyone wished to speak either in favor or in opposition; there being no response, he closed the public hearing. MOTION: Councilman Bay moved to approve the First Amendment to the Amended and Re~tated Agreement for the Collection and Disposal of Residential Solid Waste within the City of Anaheim with Jaycox Disposal, Inc. Councilman Pickler seconded the motion. MOTION CARRIED. CouncilwomanKaywood moved to approve the First Amendment to the Amended and Restated Agreement for the Collection and Disposal of Commercial and Industrial Solid Waste within the City of Anaheim with Anaheim Disposal, Inc. Gouncilman Pickler seconded the motion. MOTION CAI~IF~D. Councilwoman Kaywood moved to approve the First Amendment to the Amended and Restated Agreement for Disposal Services with Consolidated Volume Transporters, Inc. Councilman Pickler seconded the motion. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-192) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Kesolution No. 88R-192 for adoption, approving a revised schedule of solid waste collection and disposal fees for residential 492 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. areas; and approving a revised schedule of street cleaning charges. (Sewer Maintenance fees remain unchanged.) Refer to Resolution Book. RESOLUTION NO. 88R-192: A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM ADOPYING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING RESOLUTION NO. 87R-i92. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 88R-192 duly passed and adopted. 129/142/000: ORDINANCE NO. 4927 - HAZARDOUS MATERIALS DISCLOSURE: Submitted was report dated March 31, 1988 from the Fire Chief, recommending adoption of an ordinance and establishing fees for a hazardous materials disclosure program. A hearing was held on this issue on May 3, 1988. WAIVER OF READING - ORDINANCE/RESOLUTION: The title of the following ordinance and resolution was read by the City Clerk. (Ordinance No. 4927 and Resolution No. 88R-193 ) Councilwoman Kaywood moved to waive the reading in full of the ordinance and resolution. Councilman Bay seconded the motion. MOTION CARIiIED. Councilwoman Kaywood offered Ordinance No. 4927 for adoption, amending Subsection 6.10.040.010 of Section 6.10.040 of Chapter 6.10 of Title 6 of the Anaheim Municipal Code, requiring any person who uses or handles a hazardous material to annually, during the month of July, submit a completed disclosure to tke City of Anaheim Fire Department. The Ordinance also amends Subsection 6.10.100 of Chapter 6.10 of Title 6 of the Anaheim Municipal Code to establish an annual payment of fees and penalties. Refer to Ordinance Book. ORDINANCE NO. 4927: AN ORDINANCE OF THE CITY OF ANAHEIM AMENOING SUBSECTION 6.10.040.010 OF SECTION 6.10.040 AND SECTION 6.10.100 OF CHAPTER 6.10 OF TITLE 6 RELATING ~0 THE DISCLOSURE OF HAZARDOUS MATERIALS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Ordinance No. 4927 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 88R-193 for adoption, establishing fees and penalties to cover the operational expenditures of the Hazardous Materials Disclosure Program. Refer to Resolution Book. 493 City Hall, Anaheim, California - COUNCIL MINUTES - May 10p 1988, 1:30 P.M. RESOLUTION NO. 88R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANaJtEiM ESTABLISHING FEES AND PENALTIES IN CONNECTION WITH THE H~ARDOUS MATERIALS DISCLOSURE PROGRAM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBEKS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-193 duly passed and adopted. 105: SELECTION OF HOUSING COMMISSIONER: To replace the position currently vacant (Siegel, term expiring June 30, 1989) of Tenant Housing Commissioner. This matter was continued from the meeting of April 26, 1988 to this date for full Council action. Councilwoman Kaywood nominated W. Gordon Bennett; there were no additional nominations. Councilman Pickler moved to close nominations. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Bay moved that Mr. W. Gordon Bennett be appointed as Tenant Housing Commissioner for the term expiring June 30, 1989. Councilman Hunter seconded the motion. MOTION CARRIED. Mr. Bennett was thereupon appointed by acclamation. 148/114: DISCUSSION - LEAGUE OF CITIES MEETING - MAY 12, 1988: Discussion and possible action requested by Mayor Bay regarding League of' Cities, May meeting pertaining to the City's position on proposed resolutions, and election of representatives to various Commissions and other League issues. Mayoz Bay introduced the issues needing a majority consensus of the Council regarding actions on which he will be voting at the league of Cities meeting Thursday night, May 12, 1988. Council discussion followed and a consensus was reached on Council's choice for representatives on the Orange County harbors, beaches and parks, Orange County Transportation Commission and the LAFCO. It was agreed that the at-large members of the Orange County Coordinating Committee and City Selection Committee would be left open until the League meeting takes place; the Council had already gone on record in support of Proposition 70. The resolutions regarding the City/County Coordinating Commlttee would be left open until the May 12, 1988 meeting. 114/139: ASSEMBLY BILL 3392 (AB 3392 - LONGSHORE) - DELETING BEACH BOULEVARD FROM THE STATE'S FREEWAY AND EXPRESSWAY SYSTEM: Mayor Bay referred to letter dated April 29, 1988 from Assemblywoman Doris Allen requesting the Council's input concerning the subject bill. He asked to hear from Councilwoman Kaywood since she was the liaison member to the Super Street Committee. 494 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. Councilwoman Kaywood. She feels it is untimely and it would be a mistake to delete Beach Boulevard from the state's freeway and expressway system. Even though there is no intent to make Beach Boulevard (Highway 39) a freeway, it would relieve tbm State and Caltrans of certain obligations and duties Which they now have. City Engineer, Gary Johnson. The reason the deletion is being proposed is primarily a "clean up" action finalizing the consensus that the cities in that Corridor had reached. He has also been told by the Orange County Transportation Commission staff that the District Director of Caltrans will be sending a letter to all the Corridor cities assuring them if the designation is removed, Caitrans wiii honor its commitment to maintain Highway 39 as a state highway system. He does not believe there is any disadvantage to leaving the designation as is, although he feels that OCTC believes it may have greater ability to attract state funds for a conventional state highway consistent with the designation than if it is classified as a freeway. Manny Puentes, Transportation Engineer - Automobile Club of Southern California. He clarified the point of the Automobile Club's concern and why they believe the action to delete Beach Boulevard is ill-advised at this time. Mayor Bay. He sees three options - (1) support AB 3392, (2) not support it, or (3) take a neutral stand at this time. Councilwoman Kaywood moved to support AB 3392. Councilman Hunter seconded the motion. Before a vote was taken, Councilman Pickler stated it would be wise to take a neutral position and subsequently get input from the cities who are in that Corridor, Buena Park, Stanton and Huntington Beach; Councilman Hunter did not see a downside leaving the present designation on the books. A vote was then taken on the motion to support AB 33992 and failed to carry by the following vote: Roll Call Vote: AYES NOES ABSF.,NT: COUNCIL MEMBERS: GOUNGIL MEMBERS; COUNCIL MEMBERS: Hunter and Kaywood Earle, Pickler and Bay None Councilman Bay moved to take a neutral position on AB 3392 at this time and put the bill on watch. Councilman Pickler seconded the motion. Council Members Hunter and Kaywood voted no. MOTION CARRIED. Mayor Bay asked that the Intergovernmental Relations Manager inform Assemblywoman Allen of the Council's action. 114/142: DISCUSSION - SETTING OF PUBLIC HEARINGS: Council discussion to consider requiring more than a single Council Member to set a Public Hearing on consent calendar items. 495 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. Mayor Bay. The item was put on the agenda today for Council action with the idea of possibly changing the procedure so that it requires at least a second or requiring that two members of the Council agree to set an item on either the Planning Commission or Zoning Administrator Consent Calendar for a public hearing. Co~ncilwoman Kaywood. It is an attempt to silence her. She is looking out ior the people instead of letting something slide through to shorten meetings. Councilman Pickier. If it is a critical item, Councilwoman Kaywood will not have difficulty getting a second vote. The intent is not to stifle any Council Member. Councilwoman Kaywood. The Council is abdicating their duties by giving the authority to someone else. City Attorney Jack White clarified for the Mayor that the present procedure for setting public hearings is in Section 18.03.080 of the Anaheim Municipal Code. It will be necessary for the Council to direct him to prepare an ordinance to amend the Code. After further comments by Councilman Ehrle and Councilwoman Kaywood, Councilman Bay moved that the City Attorney be directed to amend the ordinance requiring a second vote to set a public hearing on Consent Calendar items. Councilman Hunter seconded the motion: Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay NOGS: COUNCIL MEMBERS: Kaywood ABSTAINED: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MAI%BERS: None ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. RECESS: By general consent the Council recessed for ten minutes. (3:10 p.m.) AFTEk RECESS: The Mayor called the meeting to order, all Council MemBers being present. (3:23 p.m.) i79: PUBLIC HEARING - VARIANCE NO. 3773AND NEGATIVE DECLARATiON AND SPECIM~ TREE REMOVALNO. 88-01: APPLICANT: OWNER: Trider Corporation 12 Corporate Plaza, Newport Beach, CA 92660 AGENT: Gary Mc Cann 12 Corporate Plaza Newport Beach, CA 92660 496 City Hall, Anaheim, California - COUNCIL MINUTES - May 10p 1988~ 1:30 P.M. L0~&TION/REQUEST: The property is located at 270 S. Mohler Drive. The requested Variance is for a waives of maximum structural height to construct 11 single-family residential units (7 exceeding maximum structural height), and request for removal of il specimen trees. PLANNING COMMISSION ACTION: Resolution No. PC88-84 denied Variance No. 3773. Specimen Tree Removal No. 88-01 was also denied; approved EIR - Negative Declaration. HEARING SET ON: An appeal of the Planning Commission's decision was submitted by Trider Corporation on April 6, 1988 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 28, 1988. Posting of property April 29, 1988. Mailing to property owners within 300 feet - April 29, 19~8. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 28, 1988. City Clerk Sohl announced that the Council has received letter dated May 10, 1988 from Trider Corporation, Mr. Phil Schwartze, indicating he wishes a continuance of the public hearing to a date certain following the City Council's review of the Planning Commission recommendations made at their meeting of May 9, 1988 where height variances were discussed and a recommendation forthcoming. Mayor Bay. There is a request from the applicant for a continuance since yesterday at their meeting, the Planning Commission recommended a definition of the 25-foot height limitation in the Scenic Corridor and that recommendation will be coming to the Council at the meeting of May 17, 1988. He asked how many people were present for this public hearing. About 25 people were present. Councilman Hunter. He is opposed to a continuance. The Planning Commission also denied the tree removal of 11 specimen trees which has nothin8 to do with the height. The issue should be heard today, if the height limitation is changed, the issue will be moot. Councilman Ehrle. The Planning Director is preparing a report which he (Ehrle) recently requested regarding height variances that have been requested and approved in the past 12 months especially with regard to custom home lots. Joel Fick, Planning Director. There are two items in progress - one is an interpretation before the Planning Commission yesterday relating specifically to chimney heights. The Planning Commission's recommendation to 497 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. the Council will be coming to the Council in resolution form next week. It is to clarify that interpretation. Secondly, in order to avoid any potential confusion, the Planning Commission recommended the ordinance be changed so that it is clear. Planning staff is also working on the report requested with a tentative date for submitting that to the Council in two weeks. The plans that the Planning Commission considered on the Trider tract yesterday did lower the roof heights so the only issue on this specific tract is the chimney which was addressed by the interpretation. Revised plans which the Planning Commission saw yesterday actually lowered the roof line. Phil Schwartze, representing Trider Corporation. The letter before the Council is a request for continuance based on what has been reported, if they withdraw the variance and depending on what the definition turns out to be, they may have precluded an option they would want to have. At the same time, however, if the concurrence is the same, the variance is a moot point. Mayor Bay. The resolution coming to the Council on the Planning Commission's recommended definition of a 25-foot height limit will be on the Council's agenda next week. The following week staff information that Councilman ~hrle requested will be available. He assumes that the staff report will be available before the public hearing. Councilman Bay thereupon moved to continue the public hearing on Variance No. 3773, Negative Declaration and Specimen Tree Removal No. 88-01 for two weeks in order to receive the information and data that will be forthcoming from both the Planning Commission and Planning Staff. Councilman ~hrle seconded the motion. Before action was taken, Mitzi Ozaki stated that businessmen and professional people were present today at a personal sacrifice. They are concerned over the continuance since this is the third time they have had to attend a hearing. There are other issues also to be addressed. Robert Zemel, Chairman, Anaheim Hills Citizens Coalition. it is vital that the people present be heard today since they may not be able to take time off again to be present. Mayor Bay. If it is the desire to take public input today with tbm knowledge that a decision will not be final for two weeks, that is an issue to be considered as well. Councilman Pickler amended the motion to continue the public hearing for two weeks but that testimony be heard today and a decision made in two weeks. Councilman Ehrle seconded the motion. Councilman Hunter voted no. MOTION CARRIED. 498 City Hall, Anaheim, California - COUNCIL MINUTES -May 10p 1988~ 1:30 P.M. Phil Schwartze. He described the project and the request for a waiver of maximum structural height for 7 of the 11 homes proposed to be built along with the request for removal of 11 specimen trees. There was discussion at the Planning Commission hearing yesterday (May 9, 1988) on the exact definition of the structural height of homes in the Scenic Corridor. Trider submitted revised plans lowering the roof line going to a much lower pitch with the chimney peaks above that. Under certain circumstances, it would appear that the modified plans with the appropriate interpretation would be fine as they are. Relative to the tree issue, he was told there had been trees removed illegally. After discussing the matter with staff in Planning and Zoning, it was determined the tree surgeon removed the trees and when questioned about his business license and other matters, he had no direct response. It was determined that Becks Tree Service has had a business license for several years in Anaheim. The Tree Surgeon also confirmed that there were 11 trees removed as indicated in his report. In the meantime, there is also a request before the Council for specimen tree removal and there is a proposal to replace those trees which might be removed with 257 trees which would be maintained by the Association. After Mr. Schwartze's presentation, it was confirmed by the Planning Director that there were three different sets of plans - the original set that was denied, and also Revision 1 and Revision 2. The Revision 2 plans were the plans that were just considered yesterday by the Planning Commission as Mr. Schwartze reported and they are all 25 feet or less at roof line. Relative to the trees, originally staff received a number of calls when the trees were being removed. Code Enforcement staff went out immediately. There were business license issues as well as trees being of lesser size, and the trees that remain were topped as well as giving the impression that a lot of material was removed from the site. Mr. Schwartze is accurate in his recollection as to what happened. Mayor Bay opened the public hearing; the following people spoke in opposition. A Summary of the main reasons of opposition is listed below. Robert Zemel, 7330 Stonecreek Road, Chairman, Anaheim Hills Citizen's Coalition. The issue today is far more encompassing. He is urging the Council to support staff and Planning Commission especially that they uphold the Planning Commission's decision of denial whether today on this case or in the future. Mitzi Ozaki. She first submitted a petition containing over 170 signatures in opposition; the City Clerk also responded to Mrs. Ozaki's question that 53 letters of opposition had also been received. She is concerned that she has to come before the Council today 499 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. to fight to retain the integrity of the Mohler Drive community which has a very special life style. She then read portions of a 1970 resolution and the Scenic Corridor overlay zone ordinance, both documents having been adopted with the intent of protecting and maintaining the Scenic Corridor Hill and Canyon area. Before concluding her presentation, she also submitted a print out of recent home sales in their area ranging from $350,000 to ~730,000. She urged the Council to review the impact of the massive grading to adjacent homes, deny the waiver' of any structural height limitation, address the removal of the wind row trees after such removal was denied by the ?lanning Commission. It is imperative to preserve the unique life style of the Mohler Drive community. Penney Chin, 261 Wildan. Official notification of residents is not uniformly done, 4 of the 11 trees were cut down after the request for Specimen Tree Removal was denied, Trider should be required to replant the trees with trees of adequate size and value. She is also asking that the hill that was created which drastically affects her view be graded back away from her property and the trees replaced. (She submitted a photograph showing how the hill that was graded affects and obstructs her view). She urged denial of the variance request. Audry Day, Timken Road. Tree removal took place after the developer was sanctioned not to do so. The developer's representative never answered if the roofs were going to be at the 25-foot height. The company has proven they cannot be trusted. John Schafer. Approximately 25 residents are present today in opposition. He explained why they chose that area in which to live and why it should be protected. The reasons for granting a waiver to the developer do not exist. He urged the Council to adhere to the Codes established and to protect their area. Dennis Fulton. He is in the process of building a home on Martella Lane. He concurred with all of the concerns expressed by the residents. Frank Currie, 7580 East Martella Lane. He and his sons are building homes on adjoining property. When they brought their plans to the City, the structures were at 27-1/2 feet and when they were told they could not build to that height, they had no thought of coming in ask to build higher than the 25 feet. It is not right or fair to allow a variance. Terry Chin, 261 Wildan. Paying a fine for wrongful removal of trees is no hardship to a developer. He read portions of a letter from John Paquette who 50O City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. could not be present, expressing his concern that the trees were removed to enable Trider to build closer to the property line. The letter also stated it is cheaper to remove trees, pay the minimal fine, and go on with construction. The developer should be required to replace the specimen trees with trees as large as possible on the property line graded back to the original level. Mr. Chin also added his comments of opposition. Phyllis Dunkin, 7625 Pleasant Place. She shares her neighbor's concerns. visit the site to see for themselves. She invited the Council to SUMMARY BY APPLICANT: Phil Schwartze. He rebutted or countered the concerns expressed by the residents especially emphasizing that there was no illegal activity involved with regard to removal of the trees and there is a proposal in place to put 257 trees back on the property. Trider has also met with a number of people in the area and they have a petition in favor of the project which they will be happy to file at an appropriate time. Extensive discussion and questioning of Mr. Schwartze then followed by Council Members regarding grading, tree removal and the height variances. Council Members also posed questions to staff for purposes of clarification. During the discussion, Council consensus was that the hearing should not be continued but that a decision be rendered at this time. City Attorney White. The Council has already voted to continue the matter for two weeks and without further action of the Council, it will be continued to that date. Otherwise, a motion to reconsider their previous action would be in order. MOTION: Councilwoman Kaywood moved to reconsider the Council motion granting a two-week continuance on the subject public hearing. Councilman ~unter seconded the motion. Councilman Pickler voted no. MOTION CARRIED. Councilman Pickler moved to continue the hearing to the first night meeting in June. The motion died for lack of a second. Councilwoman Kaywood moved that the public hearing be closed and that a vote be taken on the matter today. Councilman Hunter seconded the motion. Councilman Pickler voted no. MOTION CARRIED. Phil Schwartze. He stated if it is possible to do so, he will withdraw the variance petition at this time. City Attorney White. He clarified that the matter had to be acted upon even though the developer is stating he is withdrawing the variance petition. 501 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988~ 1:30 P.M. ENVIRONM~/qTAL ~4PACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, 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 have a significant effect on the environment. MOTION CARRIEO. WAiVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-194) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-194 for adoption, denying Variance No. 3773, upholding the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 88R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3773. Roll Call Vote: AYES: COUNCLLMEMBERS: Ehrle, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 88R-194 duly passed and adopted. MOTION: Councilwoman Kaywood moved to deny Specimen Tree Removal No. 88-01, upholding the findings of the CityPlanning Commission. Councilman Hunter seconded the motion. Councilman Pickier abstained. MOTION CARRIED. RECESS: By general consent the Council recessed for ten minutes. (4:40 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:49 p.m.) 179: PUBLIC HEARING - VARIANCE NO. 3751 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Victor M. Vazquez Jr. 2240 W. Lincoln Avenue Anaheim, CA 92801 AGENT: Hugo A. Vazquez 2240 W. Lincoln Avenue, Anaheim, CA 92801 LOCATION/REqUEST: 1310 West Center Street. Waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site 502 City Hall, Anaheim~ California - COUNCIL MINUTES - May 10, 1988~ 1:30 P.M. coverage, (d) required recreation and leisure area and (e) minimum structural setback to construct a 6-unit apartment building. PLANNING COMMISSION ACTION: The City Planning Commission granted Variance No. 3751, PC88-71, and approved EIR - Negative Declaration. HK~RING SET ON: Review of decision by the Planning Commission was requested by Councilwoman Kaywood at the meeting of April 5, 1988. This matter was continued from the meeting of May 3, 1988, to this date for full Council action. The public hearing was closed on May 3, 1988. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 21, 1988. Posting of property April 22, 1988. Mailing to property owners within 300 feet - April 22, i988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 14, 19~. Mayor Bay. He opened the hearing for a vote only at this time since at the previous meeting the vote was two in favor, one against, one absent and one temporarily absent. A resolution requires three votes to either approve or deny. City Attorney Jack Whtte. If the two Council Members (Councilmen Hunter and Pickler) have reviewed the tapes of the proceedings or the minutes, they may vote today. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-195) Councilman Bay moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-195 for adoption, granting Variance No. 3751~ in accordance with the recommendations of and as granted by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 88R-195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of ANAHEIM GRANTING VARIANCE NO. 3751. Before a vote was taken, Councilwoman Kaywood expressed her concerns relative to the proposal - the applicant is requesting a 20% density bonus which is totally unwarranted. The project has 40% tandem parking spaces underneath in a garage, it is a 3-story structure because of the manner in which the project is being built. 503 City Hall, Anaheim, California - COUNCIL MINUTES - May 10~ 1988~ 1:30 P.M. -- Annika Santalahti, Zoning Administrator. The Variance was acted on approving it in part only. The developer had deleted waiver (e), minimum structural set back. Mayor Bay. The intent is only to approve the actions of the City Planning Commission; Councilwoman Kaywood expanded upon the waivers requested. A vote was then taken on the foregoing resolution approving Variance No. 3751, in part: Roll Call Vote: AYES: COUNCIL MEMBF2IS: ghrle, Hunter and Bay NOES: COUNCIL MEMBERS: Kaywood ABSTAINEO: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 88R-195 duly passed and adopted. Councilman Pickler. He explained his abstention was due to the fact that he had not listened to the tapes of the proceeding. 108: PUBLIC HEARING - AMUSEMENT ARCADE APPLICATION NO. 1001: APPLICANT: OWNER: Seiyu Yogi 5035 Greensboro Street, Anaheim, California REQUEST/LOCATION: To permit a 50-machine arcade on property located at 2940 West Lincoln Avenue, Suite "C". PLANNING COMMISSION ACTION: The Planning Department approved the application on April 4, 1988. HEARING SET ON: A review of tha Planning Commission's decision was requested by Councilman Pickler at the meeting of April 12, 1988, and public hearing scheduled this date. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin April 28, 1988. Posting of property April 29, 1988. Mailing to property owners within 300 feet - April 28, 1988. APPLICANT'S STATEMENT: Mr. Watanabe, speaking for Mr. Yogi, answered questions posed by Councilman Pickler. The machines are proposed to be located in a brand new shopping center and it is a family operation. 5O4 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988, 1:30 P.M. Annika Santalahti, Zoning Administrator. With an amusement arcade with 50 machines, it is required to have public notification. Notices are sent out to all the occupants of dwellings or businesses within a 300-foot radius. If there is an objection by less than 50% of the notices that go out, staff automatically has to approve the application. Staff mailed 137 notices and 7 protest notices were received. Staff, therefore, could not deny the application. The Council had opportunity to set the matter for a public hearing which was done. Mr. Watanabe. Mr. Yogi has operated an amusement arcade business for the last l0 years in Anaheim at Chapman and Harbor Boulevard with no problems and there are 65machines at that location. The owner of the shopping center is present. Annika Santalahti. She clarified there was a liquor store next door to the proposed location. Mr. Eli Abraham. There is no liquor store in the center. There is a small market like an AM/PM business. Oscar's Restaurant is approximately four blocks away. Mayor Bay. The protests recorded are at 2912, 2922, 2924, 2928 and 2930 West Lincoln Avenue or everything for five businesses to the east of the subject location. Mr. Abraham. There are some machines in the Circle K and that business may not like the idea of having an arcade in the center. COUNCIL ACTION: There being no further persons who wished to speak either in favor or in opposition, the Mayor closed the public hearing. City Attorney White. Two findings are necessary. The Code provides trmt arcade permits are approved unless the Council finds that the application fails to conform with the provisions of the Anaheim Municipal Code or that the property is not properly zoned for the use or that the use would be contrary to the public interest, peace, health, safety or general welfare. Councilman Ehrle. He bas concerns that arcades become a haven for young people and since the location is next to a liquor store, he sees nothing but trouble. There are machines and amusement devices at pizza parlors which he feels are truly family centers. Opening up an 505 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988~ 1:30 P.M. arcade with 50machines will become slot machines for teenagers. He is concern with arcades generally. City Attorney White clarified for Councilwoman Kaywood that the Council can deny the application upon making one of the findings as he previously indicated but there are no provisions for placing a time limitation on the application. Councilman Pickler. He would like to visit the applicant's facility at Harbor and Chapman and then the subject site. He thereupon moved that the public hearing be continued for one week. Councilman Bay seconded the motion. Before a vote was taken, Councilwoman Kaywood asked staff to provide information relative to police incidents on Lincoln Avenue between Beach Boulevard and Dale Avenue and that that information be provided by the next meeting. A vote was then taken on the foregoing motion continuing the public hearing to Tuesday, May 17, 1988 at 3:00 p.m. MOTION CARRIED. 107/000/142: PUBLIC HEARING - 1987 EDITION OF NATIONAL ELECTRICAL CODE: To consider Adoption of the 1987 Edition of the National Electrical Code and certain amendments thereto, and amending certain sections of chapter 15. i6 of the Anaheim Municipal Code. Submitted was report dated March 30, 1988 from the Planning Department/Building Division recommending adoption of certain amendments as outlined in the report. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 18, 1988. Mayor Bay opened the public hearing and asked to hear from those in favor or in opposition; there being no response he closed the public hearing. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 88R-196 and 88R-197) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilwoman Pickler seconded the motion. MOTION CAR/LIED. Councilwoman Kaywood offered Resolution Nos. 88R-196 and 88R-197 for adoption, the first setting forth local conditions justifying amendments to the 1987 Edition of the National Electrical Code and the latter adopting a new schedule of fees and services for the National Electrical Code, 1987 Edition. Refer to Resolution Book. RESOLUTION NO. 88R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHE~ SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, 1987 EDITION. 506 City Hall, Anaheim, California - COUNCIL MINUTES -May 10, 1988~ 1:30 P.M. RESOLUTION NO. 88R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~2~Tdq ADOPTING A NEW SCHEDULE OF FEES AND SERVICES PURSUANT TO THE NATIONAL ELECTRICAL CODE. Roll Call Vote: AYES: L~UNCILMEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 88R-196 and 88~-197 duly passed and adopted. 134: CONTINUED PUBLIC rtEARiNG - GENERAL PLAN AMENDMENT NO. 227 AND NEGATIVE DECLARATION: ~ The City of Anaheim 200 So. Anaheim Boulevard Anaheim, Ca. 92805 REQUEST/LOCATION: To consider an amendment to the Land Use Element of the General Plan proposing redesignation from Medium Density Residential to Low-Medium Density Residential. The area is generally bounded by La Palma Avenue to the north, the Union Pacific Railway on the east, Cypress Street to the south and Anaheim Boulevard to the west (excluding the area bounded by Wilhelmina Street, Sabina Street, Sycamore Street and the Union Pacific Railway). PLANNING COMMISSION ACTION: Resolution No. PC88-83 recommended approval of Exhibit "A" - low medium density residential in the 95.6 acre study area. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin April 7, 1988. Posting of property April 8, 1988. Mailing to property owners within 300 feet - April 11, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 28, 1988. This matter was continued from the meetin~ of April 19, 1988, to this date (see minutes that date). See additional staff report from the Planning Department dated May 3, 1988, providing the data requested by the Council and other pertinent information. Joel Fick, Planning Director. He briefed portions of the May 3, 1988 report especially with regard to the survey that was conducted in the area and the City's role in that undertaking, concluding that staff is confident the property owners in the area have been informed of their activities and what has been taking place relative to the proposed General Plan Amendment. 507 City Hall, Anaheim, California - COUNCIL MINUTES -May 10~ 1988~ 1:30 P.M. Mayor Bay. The public hearing was closed on April 19, 1988 and if it is still their intent it will remain closed and Council will make their decision. His decision is not going to have anytl~ng to do with the type of poll conducted in the study area. A poll is supposed to be done objectively expressing both sides of the argument. It is his considered opinion the poll that was done with the best intentions was not objective and the results will have little or nothing to do with his decision. He intends to support the adoption of the recommended down-zoning of the area primarily because of such a high majority of people coming to the Council saying that they favor the down-zoning. Councilwoman Kaywood. The Planning Commission voted seven to zero recommending approval of the amendment to the General Plan. It is one way to hold the line and turn things around in the downtown area. She went on a tour of the area and is very much in favor of the down-zoning. Councilman Hunter. He is also very much in favor and believes that the survey was fair and unbiased. This morning at a workshop with the Planning Commission it was determined that there will be a review of the General Plan from State College Boulevard to Euclid Street and perhaps other areas. He is ready to vote on the issue before them today. Councilman Pickier. He has received input from those wanting to develop in the area. He (Pickier) feels the Council can limit what is proposed to be built when variances or waivers are requested. He is not convinced that the down-zoning is the answer. Portions of the are in need of upgrading. He is hoping that the General Plan Amendment will be a positive move and will go along with the request at this time. He does feel, however, that the survey should have been conducted by City staff. ENViKONMENTAL IMPACT RJ~POKT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, 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. WAIVAR OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88K-198) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. 508 City Hall, Anaheim, California - COUNCIL MINUTES - May 10, 1988~ i:30 P.M. Councilwoman Kaywood offered Resolution No. 88R-198 for adoption, approving General Plan Amendment No. 277, Exhibit "A". Refer to Resolution Book. RJ~SOLUTION NO. 88R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENY NO. 277, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 8~R-198 duly passed and adopted. 179: PUBLIC HEARING - RECLASSIFICATION NO. 87-88-44, VARIANCE NO. 3771 AND NEGAIIVE DECLARATION: ~%F~LAGA/~T: OWNERS: Testa Alma Emma Boswell, c/o Thomas Ronald Boswell 2033 Park Ridge, Norco, CA 91760 Mary Plicet 19811 Burleigh Yorba Linda, CA 92686 AGENT: MagdyHanna 4000 MacArthur Blvd., Suite 680, Newport Beach, CA 92660 LOCATION/REQUEST: The property is located at 2011 and 2017 West Ball Road. The request is for a change in zone from RS-A-43,000 to RM-i200 or a less intenae zone. The Variance is for waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage to construct a 3-story 30 unit "affordable" apartment complex. PLANNINC COMMISSION ACTION: Reclassification No. 87-88-44 was denied by the Planning Commission, Resolution No. PC88-102; Variance No. 3771 was denied by the Planning Commission under Resolution No. PC88-103; approved EIR - Negative Declaration. HEARING SET ON: An appeal of the Planning Commission's decision was filed by Magdy Hanna, Newport Pacific Development on April 12, 1988 and public hearing scheduled this date. PUBL1C NOTICE REQUIKEMENTS MET BY: Publication in Anaheim Bulletin April 28, 1988. Posting of property April 29, 1988. Mailing to property owners within 300 feet - April 27, 1988. 509 City Hall, Anaheim, California - COUNCIL MINUTES - May 10p 1988~ 1:30 P.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 11, 1985. City Clerk Sohl announced that letter received May 6, 1988 from A1 Marshal, Executive Vice-President of Newport Pacific, requested a continuance of the public hearing to May 24, 1988. Councilman Bay moved to continue the subject public hearing to Tuesday, May 24, 1988 at 3:00 p.m. Councilman Ehrle seconded the motion. Before a vote was taken, it was determined that eight people were present on the public hearing. Councilman Pickler. He is agreeable to the continuance but an opportunity should be given to those who wish to speak to do so at this hearing. Mayor Bay. He first asked how many of those present could attend the next hearing if continued. From the audience, concern was expressed that this was the seventh or eighth time they had to appear on the issue. Councilman Bay thereupon amended his motion that the hearing be continued to the next scheduled evening meeting which will be Tuesday, June 7, 1988 at 8:00 p.m. Councilman Hunter seconded the motion. Before a vote was taken, it was determined that no one in the Chamber audience wished to speak at this time. A vote was then taken on the foregoing motion. MOTION CARRIED. ZONING ADMINISTRATOR ITEMS: The following actions taken by the City Zoning Administrator at the meeting of April 21, 1988, pertaining to the following applications were submitted for City Council information. Cl. VARIANCE NO. 3776 AND NEGATIVE DECLARATION OWNERS: GERALD R. BU~HOFJ~AND ~V~Lx V. BUSHOKE, 54~3 West Street, Anaheim, CA 92805 LOCATION: 381 South Henning Way To construct a 33-foot high single-family residence and 1 horse corral with waivers of (a) maximum structural height and (b) minimum corral setback. APPROVED by the Zoning Administrator, with modification of Condition No. 7, DECISION NO. ZA88-21. Councilman Ehrle requested a review of the Zoning Administrator's decision and, therefore, a public hearing will be scheduled at a later date. 510 City Hall, Anaheim, California - COUNCIL MINUTES - May 10~ 1988~ 1:30 P.M. C2. VARIANCE NO. 3712, CATEGORICALLY EX~PT-CLASS 5 OWNER: GARY RICHARD JO~SON, 268 Flower Street, Costa Mesa, CA 92627 LOCATION: 2200 South Loara Street Petitioner requests approval of a 60 day extension of time and deletion of Condition No. 4 of ZA88-01 pertaining to removal and relocation of an existing trash enclosure located in a front yard. Property is approximately .68 acre, on the east side of ~oara Street, approx. 130 feet south of Lorane Way. APPROVED IN PART, by the Zoning Administrator, giving 60-day extension modification of Condition No. 1, DECISION NO. ZA88-22. Appeal filed by Gary Richard Johnson. The Zoning Administrator's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. C3. VARIANCE NO. 3781, CATEGORICALLY EXEMPT-CLASS 3A OWNERS: JACK G. SALYER AND C~RISTINE R. SALYER, 18082 Lantana Drive, Yorba Linda, CA 92686 AG~T: THOMAS Q. NICHOLSON, 315 Black Oak Road, Anaheim, CA 92807 LOCATION: 5106 East Crescent Drive To construct a 2 and 3 story, (43 foot high to chimney and 40 foot high to roof peak) single-family residence with waivers of (a) maximum structural height, and (b) minimum front setback . APPROVED IN PART, by the Zoning Administrator, DECISION NO. ZA 88-23. End of Zoning Administrator's Informational Items. 114/129/107: DISCUSSION OF SPRINKLERS IN HIGH-RISE BUILDINGS: Councilwoman Kaywood asked that discussion be scheduled regarding existing high-rise buildings in the City being required to have fire sprinklers. She believes there are eight such buildings which were approved prior to the City requiring that sprinklers be installed. Councilman Pickler. He suggested that the City Manager, along with the Fire Chief, look at the possibility of retrofitting the existing buildings and an ordinance covering any new buildings. City Manager, Bob Simpson. He stated that any buildings over 6,000 square feet or 3-stories high were now required to have sprinklers. Councilman Pickler. He feels the City should be looking at the possibility of sprinklers being required in any new building regardless of size. Perhaps single-family homes can be included later on but at this time commercial and industrial. The staff and Fire Chief should come back with a report for Council consideration. City Manager Simpson stated that a report could be submitted in two weeks and studies are already on file which include residences as well. 511 City Hall, Anaheim, California - COUNCIL MINUTES - May 10~ 1988~ 1:30 P.M. Councilwoman Kaywood suggested in order not to confuse the two issues that there could be two separate reports - for commercial and industrial buildings and one on residences. 114: TOUR OF MULTIPLE FAMILY PROJECTS IN THE CITY: Councilwoman Kaywood. She would like to set a time for the Council to tour multiple-family projects in the City that have been approved and built, similar to the tour made by the City Planning Commission. She suggested that it be a Tuesday before a Council meeting; Councilman Pickler suggested that staff set a date and chedk with Council Members to determine if thare is a convenient time. ADJOURNMENT: the motion. Councilman Bay moved to adjourn. MOTION CARRIED. (5:48 p.m.) LEONORAN. SOHL, CITY CLERK Councilman Pickler seconded 512