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1988/05/31-- City Hall, Anaheim~ California - COUNCIL MINUTES - May 31~ 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 TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick SENIOR PLANNER: Greg Hastings FIRE MARSHAL: Mike Doty A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:45 p.m. on May 27, 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, 0.C.S.C.C. No. 46-96-59; Yruretagoyena vs. City of Anaheim O.C.S.C.C. No. 59-27-22; Robles vs. City of Anaheim O.C.S.C.C. No. 47-73-87. b. To discuss labor relations matters - Government Code Section 54957.6. 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 of the matters will not be considered in Closed Session. Councilman Hunter moved to recess into Closed Session. Councilman ghrle 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. (1:42 p.m.) 556 ~ity Hall, A~beim, California - COUNCIL MINUTES - May 31~ 1988~ 1:30 P.M. INVOCATION: Captain Joseph Huttenlocker, Salvation Army, gave the Invocation. FLAG SALUTE: Councilman William Ehrle led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Bay and aethorized by the City Council: Sesame Street Day in Anaheim, Wednesday, June 1, 1988. Mr. Mike Mc Sweeney and three Sesame Street friends accepted the Sesame Street Day proclamation. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted and ratified by the City Council and presented to Mr. John 0'Malley who has worked with City of Anaheim employees for 19 years through the Orange County Employee Association, upon the occasion of his retirement and for his many years of service. MINUTES: Councilwoman Kaywood moved to approve the regular minutes of April 26, 1988 and the Adjourned Regular meeting of May 3, 1988 (held May 10, 1988). Councilman Hunter seconded the motion. Councilman Pickler abstained since he was not present at that meeting. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,62i,783.61, in accordance with the 1987-88 Budget, were approved. WAIVER OF PoEADING - RESOLUTIONS AND ORDINANCE: The titles of the following resolutions and ordinance on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-211 through 88R-214, both inclusive and Ordinance No. 4931) Councilman Pickler moved to waive the reading in full of the ordinance and resolutions. Councilman Bay seconded the motion. MOTION CARRIED. CITY MA~NAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickier, seconded by Councilman Bay, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-211 through 88R-214, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickier offered Ordinance No. 4931 for first reading. 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 Theresa McGrath, Sandra McGrath and Cindy McGrath for bodily injuries sustained purportedly due to actions of the City on or about February 4, 1988. 557 City Hall, AB_aheim~ California - COUNCIL MINUTES - May 31~ 1988~ 1:30 P.M. b. Claim submitted by James Ross for bodily injury sustained purportedly due to actions of the City on or about January 16, 1988. c. Claim submitted by Southern California Gas Company for indemnity sustained purportedly due to actions of the City on or about February 1, 1988 . d. Claim submitted by Orange Unified School District for property damage sustained purportedly due to actions of the City on or about March 17, 1988 . e. Claim submitted by Tracey L. Nickens for bodily injury sustained purportedly due to actions of the City on or about March 4, 1988. A2. 156: Receiving and filing the Anaheim Police Department's 1988 First Quarter Part 1 Crime Report. A3. 175: Approving Contract Change Order No. 1 in the amount of $21,676.63 in favor of Spear Pipeline Construction for removal and replacement of curb and gutter; installation of guard posts; additional paving; and modifications to the 18" water main. The work was necessary due to the changes in the proposed flood control channel grades requested by the County. (Water Main Relocation at Richfield Channel). A4. 155/164: Approving a Negative Declaration pursuant to CEQA findings for the reconstruction of Knott Street from Lincoln Avenue to 395' N/o Cerritos Avenue and the extension of the existing storm drain facility to Del Monte Drive. A5. 175: Awarding the contract to the lowest and best responsible bidder, Allsup Corporation of Brea, California, in the amount of $233,210 for replacement of pressure regulating Station No. 21. A6. 104: RESOLUTION NO. 88R-211: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAiN~O IN STREET LIGHTING MAINTENANCE DISTRICT 1982-1 FOR THE CONTRACT YEAR JULY l, 1988, TO JUNE 30, 1989, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STI~EET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1326 A~D 1563). A7. 123: Authorizing license agreements with Southern Pacific Transportation Company for aerial traffic signal interconnect cables, which are necessary for operation of the Integrated Traffic Management System. A8. 177.174: Authorizing the Mayor to execute a letter endorsing the Housing Authority's application for funds for 100 Moderate Rehabilitation units. Authorizing the Mayor to execute a statement certifying that any relocation payments made as a result of the Moderate Rehabilitation Program will be funded under the Community Development Block Grant (CDBG) Program, and be in compliance with Section 882.407 of the Moderate Rehabilitation Regulations. A9. 101.i23: Approving termination of the agreement with Video Tape Enterprises, dated July 28, 1987, for the installation, operation, and maintenance of broadcast video cable system within Anaheim Stadium. 558 City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1988, 1:30 P.M. -- Al0. 123: Approving an agreement with the firm of McLean & Schultz in the amount of ~16,100 for arcl~tectural services for the design of women's restroom facilities at Fire Stations 5, 6, and 8 (Option C) to provide a separate area for female personnel. Ail. 158: RESOLUTION NO. 88R-212: A RESOLUTION OF THE CITY COUNCIL OF CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Al2. 123: Exercising the option to extend a two-year lease with Lyle Parks, Jr., DBA Gold Key Business Center, for an additional year, for Police satellite station, and authorizing the Chief of Police to execute the necessary documentation. Al3. 123: Approving an agreement with Pacific Bell to permit patrons of the Pearson Park Theatre to use the parking lot located at Lincoln Avenue and Anaheim Boulevard. Al4. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $18,546.82 for i Crack Sealing Machine in accordance with bid proposal #A-4598. Al5. Accepting the bid of McMahan Desk Company in the amount of $25,897.55 for Modular Acoustical Panels and Workstations for Utility Field offices in accordance with bid proposal #A-4590. Al6. 160: Accepting the bid of West Computil Corporation, and authorizing the execution of a contract to provide a parking citation management system for one year, with automatic extension for three additional years unless terminated, in accordance with bid proposal #4575 as publicly advertised. Al7. 160/142: ORDINANCE NO. 4931: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.04.260AND SECTION 1.04.270 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PURCHASING. 114/160: Approving the revision of Council Policy 306 relating to purchasing procedures. Al8. 140/152/174: Authorizing the Library Department to apply for $59,538 under the Library Services and Construction Act Title III Grant for the Young Adult Reading Co-op project for fiscal year 1988/89. Al9. 153/123: RESOLUTION NO. 88R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-364 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS OESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (to change the salary range for Credit Supervisor from SR03 to SR04) A20. 153: Approving the continuation of the existing contractual relationship with Mercer-Meidinger-Hansen for health and welfare brokerage and consulting services. 559 City Hall, Anaheim, California - COUNCIL MINUTES - May 31~ 1988~ i:30 P.M. A21. 123: Approving the first amendment to the agreement for architectural services with the firm of Hall, Goodhue, Hiasley and Barker in an amount not to exceed $17,860 to design banquet facilities for the new clubhouse at the H.G. "Dad" Miller Golf Course. A22. 153: Authorizing staff to proceed with an evaluation of having Anaheim designated as a separate Job Training Partnership Act (JTPA) Service Delivery Area, and to present a final recommendation to Council within 30 days. Roll Call Vote on Resolution Nos. 88R-211 through 88R-214: AYES: NOES: ABSENT: COUNCIL MEMBFLR~: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Resolution Nos. 88R-211 through 88R-214, both inclusive, duly passed and adopted. End cf Consent Calendar. MOTIONS CARRIED. 106: PRESENTATION OF FISCAL YEAR 1988/89 RESOURCE AIJ.OCATION PLAN (RAP) - (BUDGET): City Manager Bob Simpson, in accordance with Section 604(B) of the City Charter, transmitted to the Council for consideration and adoption the proposed Resource Allocation Plan (budget) for 1988/89, representing the second half of the biennial 1987/89 Plan. He noted that the budget is a balanced one. Three documents are presented for review - (1) the 1988/89 RAP, (2) the 1988/93 Five-Year Capital Improvement Plan (CIP) and, (3) the line item detail budget printouts. The RAP document is an Executive Summary of the many City programs summarizing the program goals, objectives, service levels, proposed appropriations and pertinent policy issues being faced by the City. (Ail documents made a part of the record and are on file in the City Clerk's Office.) The proposed Plan for the City is $458,209,357. The proposal for the Redevelopment Agency is $34,364,306 and for the Housing Authority $12,707,365. For the City, the proposed budget represents an $8,143,792 or 1.8% increase over this year's adopted Plan. Mr. Simpson's presentation was a briefing of his transmittal letter to the Council dated May 31, 1988 beginning on Page 2 of the Plan. At the conclusion of Mr. Simpson's presentation, all of the foregoing documents were submitted personally to each Council Member. Mr. Simpson noted that formal presentations by Department Heads are scheduled to start at next Tuesday's Council meeting. Mayor Bay asked the Council if there were any questions on the budget at this time. There were no questions. 127/134/114: CONSIDERATION OF BOND MEASURE FOR THE CRITICAL INTERSECTION PROJECT: Mayor Bay. The intent is to start discussion and gathering of data to look at the possibility of placing on the November, 1988 ballot a measure to support the proposed critical intersection improvement project. It is not the intent to preclude Council action at the public hearing to be held on July 12, 1988 concerning putting the critical intersections into the General 56O City Hall, Anaheim, C~l~fornia - COUNCIL MINUTES - May 31, 1988, 1:30 P.M. Plan (GPA No. 210). It is necessary to look at the costs involved and how the critical intersections are intended to be funded and if the Council wants to accelerate the project. Councilwoman Kaywood. She would like to see a separate break-down, i.e., the storm drain bond issue, what that cost would be and also what the critical intersections would be rather than both together. Gary Johnson, City Engineer. There is a need for some supplemental funding for the intersections and for other capacity improvements .in the City. The citizen surveys which they conduct indicate people want to see some relief from traffic congestion. Those types of improvements are not being financed at present and that is the primary reason staff brought forth the General Plan Amendment for the additional designation of critical intersections. Since only dealing with General Plan designations, staff has not gone into the kind of detail they would have if they were ready to construct, but believe that the cost of the public improvements is approximately $30 million. The key is the method in which implementation would take place, assuming all 33 intersections were designated critical intersections and went through an implementation plan of 10 to 20 years. If the property owners in the area are required to dedicate and improve, the costs in current dollars would be approximately $30 million. If the City were only to require dedication with improvements being the responsibility of the City, it could escalate to $60 to 590 million. Depending on the implementation, and Council will be looking at some ordinances on July 12, 1988, it could be as much as $90 to 5120 million, all costs included. Six critical intersection designations fall within Redevelopment project areas and have potential for Redevelopment assistance, nine are in the Stadium area, four are on state highways and state participation is expected somewhere in the process. In order for the program to move ahead and with limited annual funding, something such as a bond issue is a realistic possibility. Mayor Bay. He is interested in knowing the priority or the first 10 or 15 intersections nearest to gridlock and worst delays. He would like that information within the next couple of weeks and also any alternatives. He would like to lay the groundwork so the Council can get the information it requires if they chose to have a bond measure not only to assist in the funding, but also to accelerate where the head lie~ on the priorities. Councilwoman Kaywood. She asked if it would be delaying any other possible funding methods waiting for the November Election and, if not, if the measure goes on the ballot and does not make it, where that will leave the City. She also wanted to know if there would be some retroactivity for those who have already agreed to dedicate as well as projects that have been approved. Paul Singer, Traffic Engineer. He stated that will probably be answered at the time the Council votes on the entire issue on July 12, 1988. MOTION: Councilman Bay moved to continue the discussion on the possibility of placing a bond measure to support the critical intersection plan on the November, 1988 ballot to Tuesday, July 19, 1988, which is one week after the July 12, 1988 public hearing on critical intersections. Councilman Hunter seconded the motion. MOTION CARRIED. 561 City Hall, Anaheim, California - COUNCIL MINUTES - May 31~ 1988~ 1:30 P.M. 127/142: CONSIDERATION OF CHARTER AMENDMENTS ON TECHNICAL ISSUES: Request from Mayor Bay to discuss the possibility of placing a measure amending the City Charter provision requiring a unanimous vote to waive reading of an ordinance or resolution in full, on the November, 1988 ballot. Councilman Hunter. The City Attorney submitted a list of "housekeeping" items with regard to the Charter. He (Hunter) feels if there are going to be changes, they should be done all at the same time. Several are items where state law takes precedent over the City. City Attorney White. If the Council has interest in amending the "housekeeping" items they could refer the matter to him. He will suggest ballot language and submit those to the Council. The Council can then select the items they wish to place on the ballot. He proposes to bring back a list with thm proper language for each item and the Council can make a decision on all or take them individually. The list can be submitted in three weeks. Councilman Bay noted that an item already proposed is the possibility of amending the Charter provision requiring a unanimous vote to waive reading in full of ordinances and resolutions. In the meantime, the Council can also give direction to the City Attorney to submit other such "housekeeping" items to the Council for similar consideration. Councilman Pickler. He would also like to leave open for discussion in three weeks any other Charter amendments the Council might like to bring forward~ Mayor Bay suggested that could be done prior to that time and suggested that the matter can be placed on the agenda each week for the next three weeks as well. Councilwoman Kaywood. She would like to bring up for discussion next week rescinding the Charter provision that there be an elected Mayor; Mayor Bay stated that the Council could discuss any item by keeping the matter open on the agenda. He assumes that there is a general agreement amongst the Council that Charter Amendments relating to "housekeeping" items be kept open for Council discussion and possible placement on the November ballot and that the City Attorney provide such a list of items including amending the provision for a unanimous vote to waive reading in full. Councilwoman Kaywood moved the foregoing, seconded by Councilman Hunter. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. 562 City Hall, Anaheim~ California - COUNCIL MINUTES - May 31, 1988~ 1:30 P.M. CITY pLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held May 9, 1988, pertaining to the following applications were submitted for City Council information. Cl. PRO~R~_M ~r/RONME~-IAL .IMPACT P~EPORT NO. 285 G~-~KAL PLAN ~M~A~).ML~ 210 - CIRCULATION RECO.-~2i~ED CODE O~NERS: CITY OF ANAMEIM INITIATED, 200 South Anaheim Boulevard Anaheim, CA 9280.5 ZI~IR0h.~L~TTAL LM~ACT R_rPORT NO. 285 AA~D UENERAL ]=LAN NO. 210 :o designaue :he follou~ng as Criuical lnterseouions: Anaheim amd Ball* Anaheim and Cerri:os* Ball and Beach Ball and Brookhurst Ball and Euclid 2~11 and Rarbor Mall amd Le~s* Ball am~ $:a=e College* Bosch and ~o!n Brookhurs= and Broo~urs= ~d La P~3~ Cedi:os ~d Sza:e ~!iege* Convention Way and ~rbor Comven:iom ~ay ~d ~s:er ~lid and ~ Pat~ Zu:lid ~d Rarbor and La Palms Raster and Katella Rowel1 and Kate!la* Kate!la and Le~s* Kate!la and State College*' Kraemer and La ?alma ¥~aemer amd Orange:horpe La Palms smd Imp. erl~l Migbway La Pal~ and Lakeview ~a Pa!ma and E:a:e College La Paima and Ins:in. Lincoln and Mmgno~ia Limao!n and S:a:e College Orange:horpe amd Imperial Mw5-. Orangewood amd Scare Co!lege* *Previously adop:ed as critical !mtersec:ions in Genera2 Tian ~_mendmemt 234 on ~mrch t7, 1957. This General Pian Amendmen: proposes :o' mzuhamce :he i~:erse::ions by up :o 12 fee: for a-di~zan:e.of 600 fee: ~rom :he corner righz-of-wsy !!ne. The ~:~: is :ha: prior :o issuance of .. .:~la:ed .zo=~g ~d bui2d~g ac:ions om :he adjacent prooeruies, :ha: :he property o~ers ~ke ~ irrevocable offer :o d~dica:e su~n addi:io~ rAft-of-way as required. The mos: of ~deniug ~ be bo~e hy :he Ci~ or oube: responsible paruies. Recommended Ce-~Ifica=iom of Program -~-~-R NO. CPA 210 - Circula:iom r_lemamt APPR0~ by =he PCBS-llT. R~ommended $:aff ~o prepare draft ordinance for code amendment. NOT~--: Public Rearing se: for July 12, 1988, a: 8:00 P.E. 563 City Hall, Anaheim~ California - COUNCIL MINUTES - May 31, 1988~ 1:30 P.M. KE~'LASSIF/CATION NO. ST-BB-&7 COh'DITIONAL ~SE PEP=~fIT NO. 3005 AA~ h'~GATIVE'DEC"~RATION WAIVER OF CODE REO. UIR--r~-E~'T OWNER: MARGOT M. DUELETH, 804 E. Buchanan Cour:, Brea, CA 92621 A~T: ~I~IE~-FEN~ C~IE~, 804 E. Buchanan Court, Brea, CA 92621 LOCATION: 300 %Vnite Star Avenue Waiver of maximum structural height to permit a 66-nmi: moteT. P~classificasion No. BT-BB-47 CRA3~ED by the Planning Commission PC88-118. CUP. NO. 3005 DE~IED by :he Planning Coz:nis$ion, PC88-119. ~aivar of Code ~endmen~ D~I~ by :he Planning Co~ssiom. ~proved Negative Declaration. C3. RE.~LASSIFICATION N0. BT-BB-4B VARiAnCE NO. 3788 ~ NEGATIVE DECLARATION ~ahe~, ~ 92801 LOCA~0N: 220 North Coff~m S~ree~ . .. a three in zone from P3-7200 zo P~:--1200, to constant a 3-s:o~, 18-unit apa~m~: co~i~ ~izh ~iwers of (a) area. Reclassification No. B7-85-~8 G~;~ by :he Planning Co~ssion PCSS-120. Yarian~e No. 3788 GRAh~ by :he Planning Co~--~ssion, PC88-121. Approved Nega:ive Declara:ion. W.~/{~_3~CE NO. 3768 A2~ k~EGA_V'IVE_ DECLAILz.?ION 01,,~EP,: PJ~'-=ZPJ. N~ ~'---_SOLOSK~,, ._3.O~._~es: .?.i::cr .Avenue, Anaheim CA .=2801 CA 92705 LO~:.TION: 705 ~e~t Victor Avenue To con~uruc: a ~uni:, 2-~=o~, apar~en: building ~:h =aiver~ of (a) ==x~ s=ruc:ur~ heir:, (b) ~m sideyard seubaak, (c) ~~ site area p~ ~t~g ~i:. .. ~ariamce No. 3768 G'RAN~Byzhe ~!anning Co..-~iszion, s~oject ~o approval of abandonment by Ci:yo PC88-122. Approved Negative Declaration. 564 City Hall, Anaheim, California - COUNCIL MINUTES - May 31t 1988~ 1:30 P.M. VARIANCE NO. 3791AKD N~GATIX~DECLKRATI~N 0~%T~: L~ S~, 1716 ~. ~s~ Avenue, Santa ~, ~ 92706 a:~: Securt~ ~acific ~a~o~l ~, P.O. ~x 7120, Ne~ort ~ach, ~ ~2658 A~: ~ M. T~CO, ~225 ~.~te~la Avenue~ ~ahei=, ~ 92806, and ~0~ K. ~ON, 27665 Toahes ~afl, Sui:e 20&, ~guna Nlguel, ~ 92677 L0~ON: 2125 E. ~ella Avenue ~alver~ of ~x~n~ber of ~ree standing si~s, (b) pe~itted loca:i~ of !tee ~an~ing si~s, (c) ~ni~m distance between ' ~ree ~:amding Si~s and (d) ~nimum ~lgh: dis=ante requiremmn=s Yariance No. 3791GRAA-/~D by the Planning Co=:ission, PCBS-123. Approved ~egative Declaration. A review of the Plaunin~ Commission's decision was requested by Councilman Ehrle and, therefore a public hearing will be scheduled at a later date. C6. ~A!VER OF CODE P~EOUIP.-~:T COR~DIT!ONAL USE P=_~t~IT NO. 3004 A~D R'~-GATIVE D~-CL~JRATION O~EES: C.~ORCE U_~AYF. L AAID OSNA WAETAK, 1061 R. Grove Surea=, ~ne~, ~ g28D6 LD~.~0N: ]06] ~o~h ~ove Street ~aiver of ~n~ number ol parking ~aces, :o pe~t an auto- mobile convarsi~ Waiver of Co6e Requirement CRA/~by :he Plarming Co~ssion, CUP. N0. 300& CP~by :he Planning Co---~ssion, PCSB-124. Approved Negative De=late:ion. C7. COI~!TIONAL USE P-iP~T NO. 3007 AA~D },~GA~_-!V~. DEULA_R~.TION O'~---2P.: A_~%J~KTIC Ri~-i~---.~, CO., P.O. Box 6411, ~A 90702 A~=~..~'T: ~.F. ~L~--TNOLD$, 24785 La ~=, Fission ?iejo, CA ~2602 To pe~: ~ auz~:i: car wash ~ conjun:zion ~%:h ~ ~:iszing . gasol~e s~:e s:azion. CUP. NO. 3007 UEA/~ by =be Plann/mg Co.-~*ssion, PCBS-!25. Approve~ ~egazive De:larazion. CB. C0h~ITIONAL 1]S!~ ?-iRMTT N0. 30OB. ~l~,~ ~CATiVE O%R{ER: 0LITIPiA ST~.TIONS iNC., 405 Park Avenue, Ne~ fork, ~ew ~ork, 10022 A:-%3x'T: G~fRY -iN~IN~-m-2~NG I~C., 2207 ga:a: Ave., Sui:e G, ~ Diego, ~ 92109 ' LO~A~0N: 100 R. Beach Boulevard To pe~: a comva~en:e ~rke: %'i:h Easo!~e 565 City Ha!l~ Anaheim; California - COUNCIL MINUTES - Msy 31~ 1988~ 1:30 P.M. CUP NO. 3008 GR~2~ by the Planning Co~-~ssiou,' PCB$-I26 Approved ~egative Declare=ion. 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. C9. C05'DITIONAL USE P~W. IT NO. 3009, CATEGOKICALLV E/~"~T, CI~.S$-3 O~;F. RS: JF. RRY L. MADFd~N AA~ JUDY A MADR-~N, 503 S. Vicki Lane, ~maheim, CA 92804 LOCATION: 503 S. ¥icki Lane To permit a 640 square-foot "Cranny I~nlt". CUP ~0. 3009 GRAA'f~D by the Planning Co~-nission, PC88-127. A review of the Planning Commission's decision was requested by 'Councilwoman Kaywood and, therefore, a public hearing will be scheduled at a later date. CiO. R~-PORTS AA~ RECO._.~2~'k_'DAT~ONS MO.~U_'~_--RDR/VE/C~0N AREA DENSITIES A review of approved de~si:ies i~ :he Mohier ~ive ~nexatiom ~ea and ~ :he ~myon area overall - for info~t!on purposes NO ACTION taken by :he Planning Co-~-~-ission. Cll. P--=0UE_ST FOR ~ATVER OF COUNCIL POLICY ~0. 542 - S0~ R~quest for waiver of Counc~--I ~o!icy No.~542, proper:y located 2130 Wes: Ca=aipa Avenue. Raques: ~_~?RDV~) by' :he Plmm=/ng A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public .hearing will be scheduled at a later date. C12. Reques: ~rom ~arano amd ICievie:, a:tc.-neys rep~esen:ing -~il and Jim's fmr =e.-m.~=ion of Condi=iomal ~se Me_-mit ~o. 2044. CUP. NO. 2044 T~-w~/~--~) by ~ne .~lamming C~ssion, MC85-!29 566 City Hall, Anaheim, C~1~ fornia - COUNCIL MINUTES - May 31, 1988, 1:30 P.M. C13. ~'fATIVE Tk~CTS .~ROM THE ._~'CTING O? ¥~.T 23, 1988 ~IR0:~A% V_~L~ATT ?~'~OKT NO. 281 f?tL~'. CKKTI:--I'~D) ADD~k~UM (RZADV~v!$ED) T~-..~-TATIVE TRACT EOB. ~3266, 13512, 13513, 125]&, 13515? 13516, 13517, AA~D 13518 £?ECL~-_.N T~=~ P._~MOVAL P_rP~!T N0. 8B-03 ~ 9~71~ ]6811 ~i6'Aveuue, l~e, ~ 927]4 LD~OE: ~oper~ is approx,:elY 108 ~oss .a:res~ 'loma:ed M~]s, ~d on :he sou:h by ~e Co~any property and furuher ~scribed as The ~= of ~Wne~ ~lls (fo~erly Oak Rills ~ques= approval for removal of ~3 sp==~en =rets and =be [o!low- ~Ei~i2 r~sid~n=lal ~e=a=bed subdivision. de=ached subdivi~ion. T~A~E ~ N0. 13~13, 31,1o= plus =bree op=n spane lo=s, sinEle_~y residenz~l ~eza=he~ subdivision. ~A~VE ~ ~0. 13~]4'~ 2B-loZ plus one opmn ~pa~e lo=, sinEie_f~ty residenzial ~e=ached subdia~sion- ~A~ ~CT NO. !3~1~, 2B-!ut plus =~o open space ~gle_i~3y residen=i~ de~ached subdivision. ~A~ ~ N0. 13517, 28-io:, s~gle-fm~Y da:a~ned ~0T~: Appe~ perio~ ~ires june 2, 29BB, for T~=a=ive ~a~=~- ~pa~ p~rio~ ~ires j~e 14, !98~, for Spe~en '~ee ~iR 281 )3PR0~ by :he Pl~g T~azive ~a::s ~3PRO~ b~ =he ~lann~g Co~ ssion Spe=~en ~ee ~ov~ Pe~= Eo. 8B-~3 ~PRO~ by ~ne Plante ~ssion 567 City Hall, Anaheim~ California - COUNCIL MINUTES - May 31~ 1988~ 1:30 P.M. Ci&. VAPJ33CE E0. 3798 AA'D NEGAT~VE DECI~ATION REOL~ST FOR YINAL SPECIFIC PL~3 APPROVAL FOR THE P~-V/0USLT - ~_~PRO\~ T~TTATIVE il{ACT NOS. 13267, 13458, 13459, 13460 ~,'D 13461: OWKER: BALD%~N BUILDING C05~A3~, 16811 Hale Avenue, lrviue ~le Avenue, I~'ina. ~ ~2714 LO~0N: Property =omsisus of 5 parce!~ to:clog approxi~:ely 56 acres located wes: and moruh of :he future moruher!y ~:uemsiom of Se~o Avenue, bounded o~ =he west by :he ~g'~auds a: ~aha~ ~!ls, o~ =he north by Symamore C~yom (fo~erly Walla=e Waivers of (A) permitted aignage in residential zones co~uruc~ ~ix entry monument gig~, (~) ma~!mum height, location and t~ of walls to const~ct ~ew and solid v~s- ravinE from 6 ~o 6 ~ee=, 6 ~=~s ~ height adjacent ra~iden~i~ 1o~ ~nes ~d/or b,~l~ pa6~; and (C) ~m~ .- coverage ~d ~~ open ~pace req~reman~s ~o con;:~c: 5, or 6-bedroom ~i~le~-~ly dw~lngs on :~3~hree and reques~ for fin~ specific plan approv~ for a ~o:~ cf 153 mi~!e-f~ly detached EIK NO. 281 APPROVED by :he Planning Co:=ission. ~ariance No. 3798 UP~ED by the Pla~--uiug Co~ssion, PC88-137. APPROVED reques~ for final specific plan approval for une previously-approved len~ative Iracus. NOTE: Appeal per/od expires Juu~e i&, 19SS, for ¥~PZL~CE NO. 37~B. T~QT~JI%~ Ya~-~ OF !EACT N0.12§65 Aequest ~rom ~.%~ond Buckley of Hun~aker & Associates, ~__-wine, !nc., (mew o%'aer'~ agent), for a !-year extension of time. Extension of Time APPROVED by the Planning Commission. 568 City Ha_!l, Anaheim, California - COUNCIL MINUTES - May 31, 1988~ 1:30 P.M. WAI%~R OF P~EADING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 4929 and 4930) Councilman Bay moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. 179/142: OF~iNANCE NO. 4929 - SENIOR CITIZEN PARKING REQUIREMENTS AND REQUIRED ELEVATORS: Adding and amending various chapters of Title 18 of the Anaheim Municipal Code relating to Senior Citizen Parking Requirements and Required Elevators. Mayor Bay. He needs to know on this proposed ordinance as well as the next (Ordinance No. 4930) relating to parking requirements for and definitions of convenience markets what the net changes are from the existing ordinance since both affect parking requirements. Councilwoman Kaywood. Initially when the parking requirement was waived on senior citizen housing, it was for the elderly needing some kind of help and who would not be driving. When the state law was passed with a 55-year age limit but also allowing a 45-year old companion, there was no question there would be cars thus affecting the parking. Under the new ordinance, the parking would be increased to 1.25 spaces but there still may be a shortage of parking. Mayor Bay. He asked for clarification that parking requirements would increase for senior citizen housing under this requirement if any new development falls under senior citizens. Annika Santalahti, Zoning Administrator. She answered yes. Also under Section 3, convalescent home and senior citizens, there is an increase from .5 spaces to .8 spaces per unit or bed in a dormitory type residence. Section 4 relates to elevators which is new and consists of two parts which she explained. At the conclusion of staff explanation, Mayor Bay stated his main question has been answered and that is there is an increase in parking requirements in both proposed ordinances. Therefore, he does not intend to support either one. Councilman Ehrle. Several months ago he asked whether or not elevators could be included in a zone when there is subterranean parking and two levels above that. He asked if there was a requirement that any future buildings has elevators under these circumstances and not just those for senior citizens. His concern is the handicapped as well. Annika Santalahti. A staff report has not yet been prepared for the Planning Commission on that issue but staff will be preparing and submitting such a repozt. Councilwoman Kaywood. What they had talked about initially was requiring an elevator even in 2-stories regardless of the size. It will have to be discussed when it comes up. If a project is for seniors and the seniors cannot get to the second story, it will not be for seniors and if renting to anyone not just seniors, there would be a parking problem. 569 City Hall, Anaheim~ California - COUNCIL MINUTES - May 31, 1988~ 1:30 P.M. Joel Fick, Planning Director. The Planning Commission will be looking at that issue when those projects come through. Originally staff took that item to them for consideration. They received some input on the cost of the elevators and what might be a break even point with the number of units. There would be a cost factor involved but they could look at that with some of the individual projects. Additional discussion followed relative to why staff increased the requirements for parking under the proposed ordinance. Councilman Pickler offered Ordinance No. 4929 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4929: AN ORDINANCE OF THE CITY OF ANAHEiM ADDING AND AMENDING VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEiM MUNICIPAL CODE RELATING TO S~IOR CITIZENS' APARTMENT PROJECTS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNGILMEMBERS: Ehrle, Kaywood and Pickler Hunter and Bay None The Mayor declared Ordinance No. 4929 duly passed and adopted. 179/142: ORDINANCE NO. 4930 - PARKING REQUIREMENTS FOR AND DEFINITIONS OF CONVENIENCE MARKETS: Adding and amending various sections and subsections of various chapters of Title 18 of the Anaheim Municipal Code, relating to parking requirements for, and definitions of, convenience markets. Councilwoman Kaywood offered Ordinance No. 4930 for adoption. Refer to Ordinance Book. O?d)INANCE NO. 4930: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND AMENDING VARIOUS SECTIONS AND OF THE ANA~EIMMUNICIP~LL CODE R~].~TING TO PAROLING REQUIREMENTS ~D DEFINITIONS OF CONV~2~IENCE MARKETS. Before a vote was taken, Councilman Hunter stated he feels the ordinance is overly restrictive. There is no market today where they do not have a microwave to heat up a hamburger or hotdog. He is not in favor of requiring more parking spaces. Councilman Pickler. He does not feel it is being overly restrictive. Many AM/PM markets are inundated such as the one at West Street and Ball Road. Traffic is the key and if there is less parking with more activity, it is hurting the people in the community. After further Council comments on the issue, a vote was taken on the foregoing ordinance which failed to carry by the following vote: 570 City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1988~ 1:30 P.M. Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood and Pickler Ehrle, Hunter and Bay None Councilwoman Kaywood expressed her concern that they cannot clear up traffic and get it moving if they are adding something that will make it worse. RECESS: Councilman Bay moved to recess for ten minutes. Councilman Pickier seconded the motion. MOTION CARRIED. (2:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:07 p.m.) 172: PUBLIC HEARING - STREET CLOSURE - KENSINGTON AVENUE BETWEEN TEMPLE STREET AND PARTRIDGE STREET: REQUESTED BY: Area residents of Tract No. 9149. To consider a Street Closure (by decorative iron fence) on Kensington Avenue between Temple Street and Partridge Street to restrict the volume of excessive traffic in subject area. STAFF INPUT: See Staff Report dated April 26, 1988 from the Public Works/Engineering Department, recommending that the Council approve the Street Closure as requested. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 19, 1988. Posting of property May 20, 1988. City Clerk Sohl announced that staff has requested that the public hearing be continued to Tuesday, June 7, 1988. Mayor Bay asked how many people were present for the hearing today; there was no response. MOTION: Councilman Bay moved to continue the subject public hearing to Tuesday, June 7, 1988 at 8:00 p.m. Councilman ~unter seconded the motion. MOTION CAI~ED. 179; PUBLIG HE~RLING - VARIANCE NO. 3776 AND NEGATIVE DEGLARATION; APPLICANT: OWNERS: Gerald R. Bushore and Beverly V. Bushore 5483 West Street, Anaheim, Ca. 92805 LOCATION/REQUEST: The property is located at 381 South Henning Way. The request is 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. 571 City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1988, 1:30 P.M. ZONING ADMINISTRATOR ACTION: Variance No. 3776 approved by the Zoning Administrator, with modification of Condition No. 7, at her meeting of April 21, 1988. Decision No. ZA88-21. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilman Ehrle at the meeting May 10, 1988, and public hearing scheduled this date. POBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin May 19, 1988. Posting of property May 20, 1988. Mailing to property owners within 300 feet - May 18, 1988. APPLICANT'S STATEMENT: Gerald R. Bushore, 5483 West Street, Anaheim, Ca. 92805. He gave a chronology of events that had taken place since he purchased the property in October of 1984. During that time, he has worked with members of staff to develop a site plan. His neighbors to the south had no objection if he came closer to the property line than Code would normally allow because of the hillside. Prior to making application for that variance, staff gave him the RS-22,000 single-family Code. With the exception of the side and rear yard setbacks he was in conformance. After his plans were finally submitted, staff failed to catch that the height of the house which was 28 feet was inadvertently measured at 25 feet. This was not discovered until after the variance was granted and he was in Plan Check. When a Planner confirmed he was in the Scenic Corridor Overlay Zone. The Code regarding height variance in the Hill and Canyon area was also in the process of being interpreted by the Planning Commission. The Scenic Corridor Overlay Zone only allows structures 25 feet high. He feels it is a reasonable variance as further evidenced by the favorable approval of the Zoning Administrator as well as the neighbors. He showed his plans to the neighbors and only one is opposed. While he was waiting for the change, the new interpretation of the Code now made his 28-foot house 33 feet. The main reason he is here is because of the different interpretations between the two Codes. He is also asking for a setback waiver on the horse corral with his first choice being number one as indicated in his plans. Relative to sprinklers, in 1985 the Fire Department had no problem with his plan. He was sent to the Fire Department after his plans had gone through Plan Check for the garage portion. He thought he was going to talk about a fire hydrant but they also asked for the "b~mmer head" and also sprinklers. The fire hydrant is in, the "hammerhead" was found not to be needed because the house was moved up. The Fire Department later signed off his plans. After an Interdepartmental meeting, Fire representatives were present and said there should be a second look. Condition No. 7 became the requirement for fire sprinklers. The Fire Department is basing their decision on the 572 City Hall, Anaheim, California - COUNCIL MINUTES - May 31~ 1988, 1:30 P.M. road going up to the property and the grade. Engineering does not know what the grade is on the road. He feels the requirements for fire sprinklers is an abuse of discretionary power and the issue should have been settled in January of 1985. His basic concerns are the fire sprinklers and the differences between the two Codes regarding the height variance. PUBLIC DISCOSSION: Mrs. Cameron, 410 South Paseo Estrelia. She lives on the top of the hill. Relative. to the house being 33 feet high, most homes in the area have been built from the 1940's to 1950's on and they are single-family dwellings. She wants to be assured that those homes on the top of the hill will not be obstructed by the 33-foot height. The concern is the height of the building. There are 23 homes at the top of the hill and 7 that might be affected. Greg Hastings, Senior Planner. The Zoning Administrator verified the height which is 33 feet. Over the years there have been different interpretations of measurement but it has now been made clear. The Zoning Administrator approved the project based on the fact that it would have no impact on adjacent properties. Mayor Bay. He asked on what basis there is a requirement for sprinklers for the house if it is under 6,000 square feet. Mike Doty, Fire Marshal. The 6,000 square foot ordinance does not apply to private residences. The requirement for fire sprinklers on this project was because the Fire Department could not get trucks up to the property. They cannot get pumpers there. Trucks are required to assist in rescues and ventilation. ~he Fire Department is concerned with their ability to provide service to Mr. Bushore's home due to the grade in the road. SUMMATION BY APPLICANT: Gerald Bushore. His house will not obstruct Mrs. Cameron's view. The house below her is 33 feet in height, it did not have to have a variance and it was built in 1978. She overlooks that by 40 to 60 feet. The elevation of his graded pad is 496 feet. Adding 28 feet to that is how high his roof will be and there will only be a 3-foot peak. It will not affect Mrs. Cameron's view nor his closest neighbor to the south. The Scenic Corridor requires 25 feet but the RS-22,000 zone is the only zone in the Canyon for half acre. The only portion of the City that has RS-22,000 is where he is and the height is 30 feet. l~us, with his original plans at 28 feet, he thought he was 2 feet under Code. He was unaware of the more restrictive zoning. If he had been aware of that restriction, he would have lowered his house. 573 City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1988~ 1:30 P.M. Relative to sprinklers, the only homes he is aware of required to be sprinklered are the ones adjacent to him because there is an "S" curve in the road and fire trucks cannot get up there. Henning Way was used as a test and Pumper 11 made it up in four minutes. Average response time in the City is five minutes. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood then posed questions to the Fire Marshal who explained what had occurred in his contact with Mr. Bushore as well as further elaborating on the results of the Fire Department's actual tests on getting their equipment to the site and also answered questions posed by Council Members Pickler and Bay. 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 have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-215) Councilman Bay moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-215 for adoption, granting Variance No. 3776 as approved by the Zoning Administrator which includes Condition No. 7 and the granting of maximum structural height and minimum corral setback. Refer to Resolution Book. RESOLUTION NO. 88R-215: A P~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3776. Before a vote was taken, the Mayor stated he was of the opinion that there is no height interference and he has no problem with the technically defined 33-foot height for the single-family residence. Relative to Condition No. 7 regarding the fire sprinklers, he feels there are debatable doubts on both sides of the issue. He cannot oppose professional advice from the Fire Marshal that the home might not be properly fire protected without sprinklers. He personally feels the issue is still debatable but Mr. Bushore and the Fire Marshal and Fire Department will have to debate the matter or find another way to solve it. He (Bay) cannot support removing that condition which states, "That fire sprinklers shall be installed as may be required by the City Fire Marshal, based on accessabiiity for emergency vehicles, including appropriate grade of the accessed streets." It still could be open for reasonable decisions to be made. 574 City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1988~ 1:30 P.M. Councilman Ehrle also questioned the Fire Marshal relative to Fire Department access time; Mr. Doty emphasized that the Fire Department did actual drives to the site and the fire truck was not able to get up to the area. Any structure fire would require two engines and a truck and it would not be possible to get all the equipment to the site. Councilman Ehrle. The property owner has done certain things to protect his property such as installing a fire hydrant. He is also aware of the information provided by the Fire Department. He feels, however, that it should be the owner's prerogative whether or not he installs fire sprinklers. He is going to oppose the resolution on that basis. Councilwoman Kaywood. Since the Council has approved the 25-foot height limitation definition with 2 feet allowed for chimneys, at this point she cannot go along with approval. A vote was then taken on the foregoing resolution offered as approved by the Zoning Administrator: Roil Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBF2tS: Hunter, Pickler and Bay Ehrle and Kaywood None The Mayor declared Resolution No. 88R-2i5 duly passed and adopted. 179: CONDITIONAL USE PERMIT NO. 2288 -AMENDMENT OF CONDITION: This is a City of Anaheim initiated request to amend City Council Resolution No. 82R-125 pertaining to parking for the Hilton Hotel to reduce the minimum number of off-street parking spaces required to be provided and maintained from 3,266 to 1,600 spaces. The Anaheim Hilton and Towers is located at 7777 West Convention Way, Anaheim, Ca. 92802. Conditional Use Permit No. 2288 is for ll-story (plus mezzanine) 160-foot high 1,600 room hotel and related uses including on-premise sale ad consumption of alcoholic beverages, with a waiver of the minimum number, design and type of off-street parking spaces. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 21, i988. Posting of property May 20, 1988. Mailing to property owners within 300 feet - May 20, 1988. Mayor Bay asked if anyone wished to speak either in favor or in opposition; there being no response, he closed the public hearing. WAIVE~ OF READING - RESOLUTION: The title of the following resolution was read by tile City Clerk. (Resolution No. 88R-216) 575 City Hall, Anaheim, California - COUNCIL MINUTES - May 31~ 1988, 1:30 P.M. Councilman Bay moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-216 for adoption, amending Conditional Use Permit No. 2288 to reduce the minimum number of off-street parking spaces required to be provided and maintained from 3,266 to 1,600 spaces. Refer to Resolution Book. RESOLUTION NO. 88R-216: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2288. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay Kaywood None The Mayor declared Resolution No. 88K-216 duly passed and adopted. Councilwoman Kaywood stated she wanted to make it clear this was not going to be a precedent setting move for the small number of parking spaces that are required with any hotel. ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Hunter seconded the motion. MOTION CARl{lEO. (4:10 p.m.) LEONORA N. SOHL, CITY CLERK 576