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1988/08/3079 City Hall. Anaheim, California - COUNCIL MINUTES - August 30. 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 GITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CITY TREASURER: Mary Turner PLANNING DIRECTOR: Joel Ftck ZONING ADMINISTRATOR: Anntka Santalahti TREASURY MANAGER: William Sell DEVELOPMENT SERVICES MANAGER: John Buchanan INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:00 p.m. on August 26, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the meeting to order at 12:04 p.m. 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.G. No. 46-96-59. b. To discuss labor relations matters 54957.6. Government Code Section 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. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:36 p.m.) INVOCATION: A Moment of Silence was observed by the City Council and the audience. FLAG SALUTE: Councilman Pickler led the assembly in the Pledge of Allegiance to the Flag. 86O 8O City Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1988, 1;30 P,M. ~19; PROCLAMATIONS; The following proclamations were issued by Mayor Bay and authorized by the City Council: St. Catherine's Military School Weekend in Anaheim, April 21-23, 1989, POW-MIA Recognition Day in Anaheim, September 16, 1988, Women's Employment Options Days in Anaheim, September 16 and 17, 1988, American Business Women's Week in Anaheim, September 13-24, 1988. Ann Haug accepted the POW-MIA Recognition Day proclamation. %19; DECLARATION: Congratulating Dean Hesketh on his achievement of raising $5,000 for the American Lung Association in the coast-to-coast Bicycle-Trek. 119; PRESENTATION - MISSION STATEMENT: City Manager Bob Simpson presented a plaque showing the Mission Statement and the Statement of Values for all employees and management personnel. On behalf of the City Council, Mayor Bay expressed appreciation to all staff members who worked diligently on formulating the City's Mission Statement of superior goals. MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular meeting held July 26 and August 9, 1988. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,295,793.73, in accordance with the 1988-89 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-330 through 88R-333, both inclusive, for adoption) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 88R-330 through 88R-333, both inclusive, for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Aetna Life and Casualty Company, for property damage sustained purportedly due to actions of the City on or about April 11, 1988. 861 77 City H~ll. Anaheim. California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. b. Claim submitted by Estelle Stafford for property damage sustained purportedly due to actions of the City on or about June 28, 1988. c. Claim submitted by Gerald Ansel for property damage sustained purportedly due to actions of the City on or about May 19, 1988. d. Claim submitted by Daisy Yancy for property damage sustained purportedly due to actions of the City on or about May, 1988. e. Claim submitted by Gladys M. Wright for bodily injury sustained purportedly due to actions of the City on or about July 2, 1988. f. Claim submitted by Klm Richard Clover for bodily injury sustained purportedly due to actions of the City on or about May 20, 1988. g. Claim submitted by Sherry Lynn Johnson, Kenneth Thomas Schmidt, Richard Edward Schmidt, Alex Moreno and Yolanda Barquera for personal injuries sustained purportedly due to actions of the City on or about April 20, 1988. Application for Leave to Present Late Claim - Denied: h. Claim submitted by Dewayne Htckman for bodily injury sustained purportedly due to actions of the City on or about December 31, 1987. A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission meeting held June 16, 1988. A3. 107: Receiving and filing the Building Division Statistical Report for the month ending July 31, 1988. A4. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis report dated August 8, 1988. A5. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue purchase orders, without competitive bidding, to various car rental companies in an amount not to exceed $84,000 for seven used passenger vehicles for the Police Department. A6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to Computer Service Company Division, in the amount of $119,356 for ten traffic controllers and cabinets. A7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to Retract-A-Roof Corporation in the amount of $43,089 for the purchase and installation of a retractable awning for the patio area at the Anaheim Hills Golf Course Restaurant. A8. 160: Authorizing the Purchasing Agent to issue a change order to Wesco Supply company for an additional amount of $4,969.54 bringing the revised purchase order total to $36,261.06 for 2,785 feet of 15KV cable, due to metal price escalation for aluminum and copper. 862 C~ty Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1988, 1;30 P,M, A9. 160: Approving the letter agreement consenting to the assignment by Eldorado Resources Limited of rights and obligations relating to nuclear fuel conversion services for SONGS, Units 2 and 3, which may result from the merger and privattzation of Eldorado Nuclear Limited, Saskatchewan Mining Development Corporation and their respective subsidiaries and authorizing the Public Utilities General Manager to execute said agreement. AIO. 155/175: Approving a Negative Declaration pursuant to CEQA, for the construction of approximately 1,350 linear feet of 20-inch water main in Convention Way (approximately 1320' west of Harbor Boulevard to Harbor Boulevard). All, 174; RESOLUTION NO, 88R-330; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL PROJECTS IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 12% FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1989. Al2, 139; RESOLUTION NO, 88R-331; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING HR 4127, ESTABLISHING THE AMERICAN HERITAGE TRUST. (Supporting HR 4127 (UDALL) which establishes the American Heritage Trust to enhance the protection of the nation's natural, historical, cultural and outdoor recreational heritage) Al3. 123: Approving an agreement with Orange County Consolidated Transportation Service Agency at a cost of $21,230 to provide transportation services to senior citizens, handicapped, and developmentally disabled citizens, and authorizing the Mayor and City Clerk to execute said agreement. Al4. 105: Approving five proposed revisions to the Anaheim Youth Commission Bylaws, concerning attendance, appointing of committees and format of meetings. Al5, 158; RESOLUTION NO, 88R-332; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY COUNCIL TO EXECUTE A QUITCLAIM DEED. (CHINESE BAPTIST CHURCH) Al6, 158; RESOLUTION NO, 88R-333; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-330 through 88R-333, both inclusive, duly passed and adopted. ~08/111/142/000: CONTINUED HEARING - ~ROPOSgD ~MENDMENTS TO TITLES 3 AND 4 BUSINESS LICENSES. AMUSEMENT DEvICES AND HALLOWEEN PARADE AND FESTIVAL: To consider proposed ordinances which would amend Titles 3 and 4 establishing a 863 City H~I~, Anaheim. California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. revised schedule of business license fees. This matter was discussed at and continued from the meetings of July 26, August 16 and August 23, 1988, to this date - see minutes those dates. City Treasurer Mary Turner briefly reviewed the background of the proposal to revise the business license ordinance, and reported that Ordinance No. 4950, Alternate A, had been offered for amended first reading on August 23, 1988, by Councilman Ehrle, deleting the Consumer Price Index (C.P.I.) annual escalation factor. Regarding the $17.00 administration fee which was included in the proposal to defer costs of processing business license applications, Councilman Ehrle inquired whether consideration had been given to assigning that task to an outside contractor, perhaps at some savings to the City. Mrs. Turner replied that it would be necessary to spend the estimated $60,000 to $100,000 for upgrading the departmental system whether or not the fees were increased; this would be a four- to six-month project. The State of California requires that the City provide certification of all records of license fees. Councilwoman Kaywood offered Ordinance No. 4950 for adoption, with fee increases at $.19 and $.38, as originally recommended by staff. Mayor Bay invited additional public input at this time. Mr. Larry Slagle, President, Anaheim Chamber of Commerce, stated the Chamber remained opposed to the magnitude of what was being proposed, and felt any increases should be phased in gradually. At this time, the Chamber would continue to support a rate increase of $.06 and $.12. Mr. Slagle further commented that reports to the State would deal with gross revenues, which is turned in by the employers on their business license reports; this should be a simple matter, once the system is upgraded. It was the understanding of the Chamber of Commerce that the $17 administrative fee was to be $15; in addition, they had requested modification to the proposal that some businesses would realize more equitable license fees. It was not acceptable that some businesses were proposed for up to a 700% increase in license fees. In conclusion, Mr. Slagle pointed out that the Chamber of Commerce supported the City and its programs; members were proud to be a part of this dynamic city, and they did not wish to see it deteriorate. He requested that the City Council review the proposed amendment again and make a fair and equitable decision. In response to question by Councilwoman Kaywood, Mr. Slagle noted that the Chamber had not opposed the 2% increase in the transient occupancy tax; however they had suggested a means of working on a budget so that the departments would be funded as needed. 864 City Hall, Anaheim, California - COUNCIL MINUTES - Au=ust 30. 1988. 1:30 P.M. Dr. William Kott, 522 Dwyer Drive, Anaheim, agreed in concept with statements made by Mr. Slagle. If businesses must pay more to do business, they will have to pass the cost along to their patrons and customers. Therefore, the proposal is basically a tax on the citizens. In his opinion, there should be other areas to be explored. The comparisons with other cities was not necessarily valid, since Anaheim has a huge amusement park on which there should be an amusement tax. It was not fair for local government to place this type of hardship on the public when perhaps personal spendable income had not increased. Mr. Jim Grover, 120 So. Meltnda, Anaheim, urged reconsideration of the proposed ordinance. As a small business owner, he felt that Anaheim had long been considered unfriendly to business, and it was time for a change. Mr. Jim Ward, Century 21 Action Associates, located at State College Boulevard and Ball Road, advised that he had visited 16 small businesses in his vicinity with information about the proposed change to business license fees, and most did not realize such a proposal was under consideration. All were opposed with the exception of two businesses which were staffed by employees who felt they could not speak on the owners' behalf. Mr. Chuck Cooper, 500 N. Euclid St., Anaheim, was of the opinion that revenues could be increased by taking a more aggressive approach to attracting businesses and developers to the City, which would also increase employment. Anaheim Plaza was the number two generator of sales tax dollars in the City from 1982 to 1984. Mr. Rick Vaught, 1617 W. Tonia Lane, Anaheim, stated he saw the proposal as punishment for the past mistakes of the City Council. He made some comparisons of the proposed license fees with those in Garden Grove and Santa Aha, and expressed outrage at the continual increases and additional taxes. Mayor Bay briefly summarized what had preceeded today's consideration of the proposed amendment, noting that the City Council had requested staff to prepare a proposed amendment to the license ordinance. He thereupon re-stated the ordinance as offered this date by Councilwoman Kaywood. WAIVER OF READING - ORDINANCE: The title of Ordinance No. 4950 (Alternate A) was read by the City Clerk. Councilman Bay moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Roll call vote on Ordinance No. 4950: AYES: NOES: ABSTAINED: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood Ehrle, Hunter and Bay Pickler None Said ordinance failed to carry. 865 CSty Hal~. Anaheim. California - COUNCIL MINUTES - August 30, 1988, 1:30 P.M. Councilman Pickler noted the public discussion, telephone calls and news articles which had occurred about this proposal. The funds were needed, as the City was continuing to grow and services must be provided, particularly those of Police, Fire and Paramedics. WAIVER OF READING - ORDINANCE: The title of Ordinance No. 4950 was read by the City Clerk. Councilman Bay moved to waive the reading in full of the ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. ORDINANCE NO. 4950 - ALTERNATE A: Councilman Pickler offered Ordinance No. 4950, Alternate A, rates to be $.095 and $.19, omitting the C.P.I. annual escalator (as previously offered by Councilman Ehrle on August 23, 1988), for adoption. Refer to Ordinance Book. ORDINANCE NO. 4950: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 3 OF THE ANAHEIM MUNICIPAL CODE, EXCEPT CHAPTER 3.20 THEREOF, AND ADDING NEW TITLE 3 PERTAINING TO BUSINESS LICENSES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter and Pickler Bay and Kaywood None The Mayor declared Ordinance No. 4950 duly passed and adopted. Councilman Hunter stated he had not been a member of the Council when Police 2000 was approved. He indicated his concurrence with Alternate A of the ordinance; however at a later date, he anticipated bringing in a revision pertaining to some of the flat rate fees for small businesses. Councilman Ehrle stated he had spoken to business people as well as representatives of the Chamber of Commerce, and he felt Alternate A was the best proposal for everyone, offering a major concession by eliminating the C.P.I. escalator. He indicated he would be Elad to review the flat rate fees for possible modification, and pointed out that he had not been a member of the Council when Police 2000 improvements were authorized. RECESS: By general consent, the City Council recessed for ten minutes. (3:00 p.m.) ~ The Mayor reconvened the meeting at 3:18 p.m., all members being present. WAIVER OF READING - ORDINANCE AND RESOLUTION; The titles of the following ordinance and resolution were read by the City Clerk. (Ordinance No. 4951 and Resolution No. 88R-334) Councilman Bay moved to waive the reading in full of the ordinance and resolution. Councilman Hunter seconded the motion. MOTION CARRIED. 866 74 City Hall. Anaheim, California - COUNCIL MINUTES - August 30. 1988, 1;30 P,M, Councilman Hunter offered Ordinance No. 4951 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4951; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTERS 4.14 AND 4.98 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO AMUSEMENT DEVICES AND HALLOWEEN PARADE FESTIVAL. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler Bay None The Mayor declared Ordinance No. 4951 duly passed and adopted. Councilman Hunter offered Resolution No. 88R-334 for adoption. Resolution Book. Refer to RESOLUTION NO, 88R-334; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING CERTAIN FEES IN CONNECTION WITH THE BUSINESS LICENSE TAX ORDINANCE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler Bay None The Mayor declared Resolution No. 88R-334 duly passed and adopted. MOTION: Councilman Hunter moved to increase the appropriation to Account No. 01-056-5115 by $100,000 for costs associated with implementation of the revised business license fee ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. RECONVENED THE ANAHEIM REDEVELOPMENT AGENCY: Chairman Bay reconvened the meeting of the Anaheim Redevelopment Agency (3:20 p.m.). 161,123; CONTINUED JOINT PUBLIC HEARING - CITY COUNCIL/REDEVELOPMENT AGENCY: To consider the Disposition and Development Agreement between the Redevelopment Agency and Armando G. and Mirta L. Hernandez, Co-Trustees of the Hernandez Trust (211 and 217 N. Clementtne - Downtown Project Alpha). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 3 and August 9, 1988. This item was continued to this date from the meeting of August 16, 1988. Submitted was staff report dated August 9, 1988 from the Community Development Department, recommending: 867 City Hall. Anaheim. California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. A): That the Redevelopment Agency: 1) By Resolution, Certify an Initial Study with respect to the Disposition and Development Agreement, make certain findings with respect thereto, and authorize recordation of a Notice of Determination; 2) By Resolution, approve the Disposition and Development Agreement and authorize its execution by the Chairman; and 3) By motion, approve the Basic Concept Drawings. B) That the City Council: 1) By Resolution, certify an Initial Study with respect to the Disposition and Development Agreement, make certain findings with respect thereto, and authorize recordation of a Notice of Determination; and 2) By Resolution, approve the Disposition and Development Agreement and find that consideration for the sale of the property is not less than fair market value according to the terms and conditions of the Agreement. The Mayor asked if anyone wished to speak either in favor or opposition, and there was no response. Mayor Bay closed the public hearing. Agency Member Pickler offered Resolution Nos. ARA88-19 and ARA88-20 for adoption. Refer to Resolution Book. RESOLUTION NO. ARA88-19: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING AN INITIAL STUDY AND MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT WITH ARMANDO C. AND MIRTA L. HERNANDEZ, CO-TRUSTEES OF THE HERNANDEZ TRUST. RESOLUTION NO. ARA88-20: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE SALE OF CERTAIN REAL PROPERTY IN THE ALPHA REDEVELOPMENT PROJECT AREA; APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING THE EXECUTION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote on Resolution Nos. ARA88-19 and ARA88-20: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Chairman declared Resolution Nos. ARA88-19 and ARA88-20 duly passed and adopted. MOTIOn; Agency Member Pickler moved to approve the basic concept drawings. Agency Member Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The title of the following resolutions were read by the City Clerk. (Resolution Nos. 88R-335 and 88R-336) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution Nos. 88R-335 and 88R-336 for adoption. Refer to Resolution Book. 868 72 City Hall, 6naheim. California - COUNCIL MINUTES - August 30, 1988. 1:30 P.M. RESOLUTION NO. 88R-335: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING AN INITIAL STUDY AND MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENGY AND ARMANDO C. AND MIRTA L. HERNANDEZ, CO-TRUSTEES OF THE HERNANDEZ TRUST. RESOLUTION NO. 88R-336: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SALE OF CERTAIN PROPERTY IN THE ALPHA REDEVELOPMENT PROJECT AREA TO ARMANDO C. HERNANDEZ AND MIRTA L. HERNANDEZ, CO-TRUSTEES OF THE HERNANDEZ TRUST; APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH SALE. Roll Call Vote on Resolution Nos. 88R-335 and 88R-336: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-335 and 88R-336 duly passed and adopted. ADJOURNMENT- ANAHEIM REDEVELOPMENT AGENCY: There being no further business before the Agency, Chairman Bay moved to adjourn. Agency Member Kaywood seconded the motion. MOTION CARRIED. (3:24 p.m.) 179; YUBLIG HEARING - RECLASSIFICATION NO, 88-89-02, VARIANCE NO, 3810 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Clinton H. Flynn and Ruth R. Flynn 603-607 West Broadway, Anaheim, CA 92805 AGENT: S & M Development Company ATTN: Moh-mmad Mehdi Ebrahtmzadeh P.O. Box 3868 Mission Viejo, CA 92690 LOCATION/REQUEST: The property is located at 603 ~hrough 607 West Broadway. The request is for a change in zone from RM-2400 to RM-1200, to construct a 10-unit apartment building with waivers of (a) maximum site coverage, (b) minimum floor area of dwelling units and (c) required recreation/leisure area. PLANNING COMMISSION ACTION: Resolution No. PC88-176 granted Reclassification No. 88-89-02 and Resolution No. PC88-177 granted Variance No. 3810, in part; approved EIR - Negative Declaration. HEARING SET ON: A Review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of July 26, 1988, and public hearing scheduled this date. 869 69 City Hall, Anaheim. California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 18, 1988. Posting of property August 19, 1988. Mailing to property owners within 300 feet - August 18, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 6, 1988. Since the public hearing was set by Council Members Kaywood and Pickler, the Mayor asked whether they had specific concerns which the applicant should address. Councilwoman Kaywood was concerned over the change in zone, since the property to the east is still RH-2400 all the way and this parcel is in the middle of the street. Further there were five residents opposed at the Planning Commission hearing. APPLICANT'S STATEMENT: Mr. Kent Boydstun, 703 North Anaheim Boulevard. Stated that his understanding was that the General Plan supported the change in zone requested. The intent is to combine two lots, 44 feet wide, to produce this project. He noted that two of the waivers originally requested had been deleted. The only remaining waiver is that of (a) maximum site coverage. This was accomplished by removing the eleventh unit from the plan. It also gave them space to provide for a playground internally on the property. In response to Councilwoman Kaywood, Mr. Boydstun also explained that 14 of the parking spots in the alley are tandem, the other 12 parking spots are not tandem; and further that this developer has another project in the City located at 925 South Webster. COUNCIL ACTION: Mayor Bay opened the public hearing and asked if anyone wished to speak either in favor or opposition. There was no response. Mayor Bay closed the public hearing. gNVIRONMENTAL 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 - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 88R-337 and 88R-338) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. 870 7O City Hall, Anaheim. California - COUNCIL MINUTES - August 30, 1988, ~;30 P.M. Councilman Pickler offered Resolution No. 88R-337 for adoption, granting Reclassification No. 88-89-02, and Resolution No. 88R-338 for adoption, granting Variance No. 3810 in part, subject to conditions as recommended by the Planning Commission. RESOLUTION NO. 88R-337: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO, 88R-338; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3810, IN PART. Roll Call Vote on Resolution Nos. 88R-337 and 88R-338: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-337 and 88R-338 duly passed and adopted. ~79; pUBLIC HEARING - VARIANCE NO. 3818, CATEGORICALLY EXEMPT, CLASS 11: APPLICANT: OWNERS: Myung Shik Yun and Kum Ok Yun, et al 727 S. Beach Boulevard, Anaheim, CA 92804 LOCATION/REQUEST: The property is located at 201 Via Cortez. The request is to permit two wall signs for a motel with waivers of (a) maximum number of wall signs and (b) permitted lighting of signs. PLANNING COMMISSION ACTION: Resolution No. PC88-189 granted Variance No. 3818. HEARING SET ON: A review of the Planning Commission's decision requested by Councilman Pickler and Councilwoman Kaywood at the meeting of August 9, 1988, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 18, 1988. Posting of property August 19, 1988. Mailing to property owners within 300 feet - August 18, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 18, 1988. APPLICANT'S STATEMENT: Mr. Kelly Vaught, Signs & Service Company, 10980 Boatman Ave, Stanton, California, representing the applicant. He explained that there are already two wall signs, and with the one being requested, that will bring stgnage to a total of three. This sign is being requested due to the fact that the 871 67 City Hal]-. Anaheim. California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. entrance to the hotel is on Via Cortez which has poor access. Without this sign it WOuld be difficult for potential guests to find the hotel. Stgnage is vital to the success of this business. In response to concern about the request for lighting of the sign, between midnight and 6:30 a.m., he advised that the majority of the sign is opaque, the colors are soft and it will say nothing more than "Comfort Inn". They are not requesting anything more than they would be allowed over the main entrance, however due to the shape of the parcel, the main entrance is not prominent. PUBLIC DISCUSSION: IN FAVOR Mr. Roger Merel, 5769 E. Santa Ana Canyon Road, representing the Canyon Plaza Merchants Association stated he was present to support the request for the additional sign. The merchants are of the opinion the sign is needed for people coming from the freeway to identify the Comfort Suites. In response to Council, Mr. Mctel stated they are also in favor of the lighting request. Myung Shik Yun, 727 South Beach Blvd., Anaheim, owner of the property. He stated he has been in the motel business for 12 years and a resident of Anaheim for 17 years. This hotel is located on the southeast corner of the 91 Freeway and many of his potential guests will come from the freeway. The hotel entrance at the north end of Via Cortez cannot be seen from the freeway nor from Imperial Highway. For this business to be a success he needs the identification sign, otherwise the building may appear to be an office building or apartment house. OPPOSED: There were no persons to address the Council in opposition. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council determined that the proposed activity falls within the definition of Section 3.01, Class 11, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 88R-339) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. 872 68 City Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1988. 1:30 P.M, Councilman Pickler offered Resolution No. 88R-339 for adoption, granting Variance No. 3818. Refer to Resolution Book. RESOLUTION NO, 88R-339; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3818. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay Kaywood None The Mayor declared Resolution No. 88R-339 duly passed and adopted. %79; ~UBLIC HEARING - VARIANCE NO. 3820 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Chi Keung Kwok, et al. P.O. Box 6551, Anaheim, GA 92806 LOCATION/REQUEST: The property is located at 506 South State College Boulevard. The request is to establish a 738 square-foot donut shop with waiver of minimum number of parking spaces. ZONING ADMINISTRATOR ACTION: Resolution No. ZA88-45 denied Variance No. 3820; approved EIR - Negative Declaration. HEARING SET ON: Zoning Administrator information item (Item Gl) at the meeting of August 16, 1988. Letter of appeal filed by Kathleen H. Martin, Agent for Harm Ouy Chau. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 18, 1988. Posting of property August 19, 1988. Mailing to property owners within 300 feet - August 18, 1988. PLANNING STAFF INPUT: See Staff Report to the Zoning Administrator dated July 28, 1988. Prior to beginning the Public Hearing, the City Clerk reported receipt of a letter from Mr. John Novak, 504 Reseda Street, Anaheim 92806, in which he indicated that neither he, nor his neighbors received a legal notice concerning today's public hearing, and they are the nearest, or directly adjacent properties. Ms. Sohl reported that prior to the meeting she had compared the list for Council notices with the prior list of who had received notice for the Planning Commission hearing, and in fact the computer had dropped one page of addresses, so that these individuals, who live within 300 feet would be entitled to notice and did not receive one. 873 City Hall. Anaheim. California - COUNCIL MINUTES - August 30, 1988. 1:30 P.M. City Attorney Jack White advised that the City Council continue the hearing to a date in the future which gives sufficient time for proper legal notice to the residents. MOTION: On motion by Mayor Bay, seconded by Council Member Hunter, public hearing on Variance No. 3820 was continued to September 20, 1988 at 3:00 p.m. MOTION CARRIED. ~30; PUBLIC HEARING - ML MEDIA PARTNERS. L.P. (MULTIVISION CABLE TV) - CABLE TELEVISION FRANCHISE: To determine the appropriateness of the City Manager's "Notice to Impose Sanctions" on M.L. Media Partners, L.P., regarding cable television service problems. Ms. Kris Thalman, Intergovernmental Relations Officer, briefed the extensive staff report submitted to the City Council, dated August 23, 1988, with attachments A-R. She noted that the purpose of this hearing is to present information relating to M. L. Media Partner's performance. Specifically called to Council's attention was the fact that the City and M.L. Media had agreed to definitive service standards and these were written into the Ordinance which assigned the franchise. These standards cover telephone accessibility, installation, reception, program changes, billing adjustments. M.L. Media Partners has informed the City of a number of improvements which have been undertaken to improve their services to the citizens of Anaheim, however the City's monitoring of these standards indicates that M.L. Media has failed to fulfill the requirements of the franchise as these relate to subscriber complaints and telephone accessibility. The Mayor stated that the Public Hearing would be conducted in the following order; first the Council will hear from those who are in support of the City Manager's decision to impose sanctions; and then from those in opposition; following this the cable franchisee will have an opportunity to present their information. The following members of the public spoke in favor of the City Manager's Decision to impose sanctions: Myrna Vachon, 2380 West Mall Avenue, Anaheim. Robert Huntstnger, 500 South Falcon, Anaheim. Curtis Stricker, 1117 Wakefield, Anaheim. Chuck Dow~ing, 53 So. Revere Street, Anaheim. The reasons given to support their position were: continual busy signal when attempting to contact the franchisee; poor reception; poor connection service; being placed on hold for 1/2 hour when calling; inability to get billing errors adjusted; increase in fees despite poor service; lack of any guide to programs; inability to schedule appointments for service meaning the citizen has to remain home and wait all day; very poor transmission of public service broadcasts such as City Council meetings. The following members of the public spoke against the City Manager's decision to impose sanctions: 874 City Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1988, 1:30 P.M. Frank Feldhaus, 612 So. Harbor Boulevard, Anaheim, 92805. Jack A. Lee, 1134 North East Street, Apt. B, Anaheim. The reasons given to support their positions were: that an imposition of a 25% reduction in rates would serve to compound the problem which M.L. Media is attempting to overcome, as with less money they will be less able to address their service issues; Mr. Lee related an incident in which he received service on a billing problem which he felt was above and beyond which would normally be expected. Mr. John Merritt, M.L. Media (Multivision Cable) 3041 East Miraloma Avenue, Anaheim, reviewed the progress he felt his firm had made towards meeting the standards set forth in the franchise over the past 18 months. He introduced key management personnel in his firm, responsible for the operation of the cable franchise in Anaheim. He requested that Karen Pescete, Progrmmming and Jeff Milo, Plant Manager speak concerning the improvements in programs and technical upgrades to improve the reception. Mr. Merritt then addressed the issue of telephone responsiveness as he felt this was a key issue historically with the cable franchisee. That is why when his firm took over the franchise, they agreed to the telephone standard of responding to 98% of all telephone callers within 2 minutes and 100% of all telephone callers within 15 minutes. He explained that in order to meet this standard the following steps have been taken: 1) the hiring of a new Customer Service Manager, Debbte Pugh. 2) an upgrade to the majority of the customer service representatives with a major challenge in training. 3) daily monitoring of the telephone responses by senior management personnel 4) the hiring of an outside technical consultant to evaluate the cause for the calls 5) he noted that the cause for much of the calling is the plethora of cable services offered their customers, and the ability to switch from one pay cable service to another via telephone. Mr. Merritt concluded his presentation by noting that his firm is strongly supportive of the City's commitment to the highest quality cable TV services for the citizens of Anaheim. He requested that the Council Members permit them the opportunity to continue working on the quality of their product until at least October 5th with the City continuing to monitor their progress. Mr. Sicaruss, 25692 Loma Verde, Mission Viejo 92651, related difficulties he has experienced in coming to a resolution with M.L. Media on providing cable TV services to 200 tenants in the Parkwood Village Apartments. There being no further persons who wished to address the Council, the Mayor closed the public hearing. After the hearing was closed, Mr. Lee who had already spoken, wished to be recognized once again, and Mayor Bay refused indicating the hearing had been closed. 875 City Hall. Anaheim. California - COUNCIL MINUTES - Aulust 30. 1988. 1:30 P.M. Councilwoman Kaywood moved to overrule the decision of the Chair to close the hearing, and to allow Mr. Lee an additional opportunity to speak. Council Member Pickler seconded the motion. Motion failed to carry with Council Members Ehrle, Hunter and Bay voting no. COUNCIL ACTION: Mayor Bay stated he felt strongly that the City Council should support the City Manager's decision, he would however like to allow additional time to M.L. Media to continue work on the improvements which they have begun. Jack White City Attorney advised this might be accomplished by simply continuing the hearing to a date certain. MOTION: On motion by Mayor Bay, seconded by Council Member Hunter, the Council's decision on support of the City Manager's imposition of sanctions against M.L. Media was continued for a period of 60 days to the meeting of November 1, 1988, with staff instructed to continue the monitoring of M.L. Media's service levels, with a supplementary report to be presented at the meeting of November 1, 1988. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: Mr. Gerald Schubert, 1542 W. Elm Avenue, Anaheim, addressed the Council concerning Item No. C8 on today's Consent Calendar Agenda for City Council information only (City Planning Commission granted for condominium development). He noted opposition by neighbors, due to the fact that the property is adjacent to a single family residential neighborhood. 179: ITF, MS ¢1 - C3 FROM THE ZONING ADMINISTRATOR MEETING OF AUGUST 11. 1988 DECISION DATE; AUGUST 18, 1988; INFORMATION ONLY - APPEAL pERIOD ENDS SEPTEMBER 2. 1988: VARIANCE NO. 3828. CATEGORICALLY EXEMPT. CLASS 3-A: OWNER: TONY W. BAXTER, 6401 E. Nohl Ranch Road, No. 9, Anaheim, CA LOCATION: 7635 E. Silver Dollar Lane To construct a 2-story, 31.5 foot high, single-family residence with waiver of maximum structural height. 92807 Variance No. 3828 APPROVED IN PART, for 28 feet, by the Zoning Administrator, Decision No. ZA88-50. A review of the Zoning Administrator's decision was requested by Council Members Hunter and Kaywood and, therefore, a public hearing will be scheduled at a later date. C2, VARIANCE NO. 3830 AND NEGATIVE DECLARATION: OWNER: DMST DEVELOPMENT, INC., ATTN: John D. Dye, 1203 W. Lambert Road, No. 200, Brea, CA 92621 LOCATION: 120. 121. 124 and ~25 S. Martin Road To construct four, 2-story, 28-foot high, single-family residences with waiver of maximum structural height. 876 64 C~ty Hall, Anaheim. California - COUNCIL MINUTES - Au_~ust 30, 1988. 1:30 P.M. Variance No. 3830 DENIED by the Zoning Administrator, Decision No. ZA88-51. Approved Negative Declaration. A review of the Zoning Administrator's decision was requested by Council Members Bay and Ehrle and, therefore, a public hearing will be scheduled at a later date. c3, VARIANCE NO. 3832. CATEGORICALLY EXEMPT. CLASS 3-A: O~4NER: GILBERT L. WIGGAM and KATHLEEN WIGGAM, 768 Fairway Lane, Anaheim Hills, CA 92807 LOCATION; 6860 E, Avenida de Santiago To construct a 2-story, 29-foot high, single-family residence with waiver of maximum structural height and minimum fountain setback. Variance No. 3832 APPROVED by the Zoning Administrator, Decision No. ZA88-52. A review of the Zoning Administrator's decision was requested by Council Members Kaywood and Pickler and, therefore, a public hearing will be scheduled at a later date. End of the Zoning Administrator Items. ITF~ FROM THE pLANNING DIRECTOR, DECISION MADE AUGUST 12, 1988 - INFORMATION ONLY - A~PEAb pERIOD ENDS SEPTEMBER 3, 1988; C4, DENSITY TRANSFER REOUEST NO 88-04, SYCAMORE CANYON SPECIFIC PLAN (SP88-1): APPLICANT: JAMES HIGHLAND, WOODCREST DEVELOPMENT, 17911 Mitchell Avenue, Irvine, CA 91714 AGENT: FRANK ELFEND, ELFEND & ASSOCIATES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LOCATION; SYCAMORE CANYON To consider a density transfer from Development Areas 1 and 3 to Development Area 9, for a reduction of 3 residential air-space condominium units within Tract No. 12995 (Development Area 1), for a reduction of 1 residential multiple-family (apartment) unit within Tract NO. 12994 (Development Area 3), and for an increase of 4 residential single-family detached units within Tract No. 12989 (Development Area 9). Density Transfer Request No. 88-04 APPROVED by the Planning Director and dated August 12, 1988. IT,S c5 c2~ FROM THE PLANNING COMMISSION MEETING OF AUGUST 15, 1988: INFORM~TION ONLY - APPEAL pERIOD ENDS SEPTEMBER 6. 1988 C5, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE pERMIT NO, 3028 AND NEGATIVE DECLARATION - WAIVER OF COUNCIL POLICY NO. 543: OWNERS: GILBERT MEDICAL PARTNERSHIP 925 South Gilbert Street, Anaheim, CA 92804 AGENT: S & M DEVELOPMENT CORPORATION, P.O. Box 3868, Mission Viejo, CA 92690 877 61 City Hall. Anaheim. California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. LOCATION: 925 S. Gilbert Street To permit a 3-story, 31-unit Senior Citizen apartment building with waivers of (a) mintmum butlding site area per dwelling unit, (b) maximum structural height, (c) minimum front setback and permitted encroachments and (d) minimum recreation/leisure area. CUP NO 3028 GRANTED by the Planning Commission, PC88-213. Waiver of Code Requirement GRANTED by the Planning Commission. Waiver of Council Policy No. 543 GRANTED by the Planning Commission. Approved Negative Declaration. A review of the Planning Commission's action was requested by Council Members Kaywood and Pickler and, therefore, a public hearing will be scheduled at a later date. C6. VARIANCE NO, 3816 AND NEGATIVE DECLARATION: OWNERS: EDITH A. JONES, 318 S. Helena Street, Anaheim, CA 92805, ARNOLD O. HOI/~VICK AND COLEEN J. HOLMVICK, 214 W. Hampshire, Anaheim, CA 92805 ISAAC DICKERSON FARISS, 1585 Lullaby Avenue, Anaheim, CA 92802 AGENT: TERRY AND NIKOLS COMPANY, 4 Upper Newport Plaza Drive, Newport Beach, CA 92660 LOCATION; 318-322 and 326 S, Helena Street To construct a 3-story, 15-unit apartment complex with waivers of (a) mintmumbutlding site area per dwelling unit, (b) maximumbuildtng height, (c) maximum site coverage, (d) minimum structural setback, (e) permitted encroachment into front yard and (f) maximum fence height. Variance No. 3816 GRANTED by the Planning Commission, PC88-214. Approved Negative Declaration. C7. F~NVIRONMENTAL IMPACT REPORT NO, 293 - CONDITIONAL USE PERMIT NO. 3053: OWNERS: BHIKHU PATELAND PUSHPA PATEL, 650 Town Center Drive, Costa Mesa, CA 92626 AGENT: FARANO AND KIEVIET, 100 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 201 West Katella Avenue To construct a 12-story, 148-foot high, 384-room hotel. CUP NO. 3053 GRANTED by the Planning Commission, PC88-215. Approved EIR NO. 293 C8, ~CIASSIFICATION NO. 88-89-08, VARIANCE NO, 3829 AND NEGATIVE DECLARATION - WAIV~ OF COUNCIL POLIGY NO. 542: OWNER: AHMAD SHOJUADDINI, 1216 E. La Palma, #8, Anaheim, CA 92805 AGENT: RONALD CROWLEY, 1700 Raintree Road, Fullerton, CA 92635 LOCATION: 1500 West Broadway To construct a 2-story, 15-unit condominium complex with waivers of (a) minimum structural and parking setback adjacent to an arterial highway, (b) minimum landscape setback adjacent to single-family residential development and (c) maximum fence height adjacent to local store. 878 Gity Hall. Am~heim, California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. Reclassification No. 88-89-08 GRANTED by the Planning Commission, PC88-216. Variance No. 3829 GRANTED by the Planning Commission, PC88-217. Waiver of Council Policy No. 542 GRANTED by the Planning Commission. Approved Negative Declaration. ¢9, V~RIANCE NO. 3831 AND NEGATIVE DECLARATION: OWNER: FUJITA CORPORATION USA, ATTN: W. G. WELLS, 101 Wilshtre Boulevard, Santa Montca, CA 90406 AGENT: SEABOARD ENGINEERING CO., 1100 S. Beverly Drive, #201, Los Angeles, CA 90035 ~OCATION; 5155 E, Hunter Avenue To establish a 20-lot (plus 1 common lot) industrial subdivision with waiver of required lot frontage. Variance No. 3831 GRANTED by the Planning Commission, PC88-218. Approved Negative Declaration. CiO, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3040, CATEGORICALLY EXEMPT. CLASS 3: OWNER: MEHDI GHALBI ET AL, 913 S. Ira Court, Anaheim, CA 92804 LOCATION; 913 South Ira Court To construct a 640 square-foot "Granny Unit" with waiver of minimum number of parking spaces. CUP NO. 3040 GRANTED by the Planning Commission, PC88-219. Waiver of Code Requirement GRANTED by the Planning Commission. Cll, CONDITIONAL USE PERMIT NO, 3045 AND NEGATIVE DECLARATION: OWNERS: SHYNG-JIANNLINAND SHOE-YALIN, 11320 South Street, Cerrttos, CA 90701 AGENT: F. EARL MELLOTT, 1035 Armando Street, Suite "S", Anaheim, CA 92806 ~DCATION; 1597 West Katella Avenue (Childlife Learning Center) To permit an addition to an existing preschool. CUP NO. 3045 GRANTED by the Planning Commission, PG88-220. Approved Negative Declaration. C12, CONDITIONAL USE PERMIT NO 3046 AND NEGATIVE DECLARATION: OWNERS: CHARLES A. BREWER AND MARILYN C. BREWER, 3630 Miraloma Avenue, Anaheim, CA 92806 AGENT: RICHARD DOUGLAS ROTH, 14901 Chestnut Street, Westminster, CA 92683 LOCATION; 3620 Miraloma Avenue To permit an automotive repair facility. CUP NO. 3046 GRANTED by the Planning Commission, PC88-221. Approved Negative Declaration. 879 City Hall. Anaheim. California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. C13, WAIVER OF CODE REQUIREMENT, CONDITIONAL USg pERMIT NO. 3047 AND NEGATIVE OWNERS: MARC V. BAMNER AND CANDICE JAYNE BAHNER, 21165 Via Ausa, Yorba Linda, CA 92686 AGENT: BMR ASSOCIATES, 17321 Coventry Lane, Yorba Linda, CA 92686 LOCATION: 4527 E. La Palma Avenue To permit an automotive repair facility with waiver of minimum number of parking spaces. CUP NO. 3047 GRANTED by the Planning Commission, PC88-222. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. A review of the Planning Commission's action was requested by Council Members Kaywood and Pickler and, therefore, a public hearing will be scheduled at a later date. C14. WAIVER OF CODE REOUIREMENT, CONDITIONAL USE pERMIT NO, 9050 AND NEGATIVE OWNER: LEDERER-ANAHEIM, LTD., 1990 Westwood Boulevard, 3rd floor, Los Angeles, CA 90025 AGENT: VINEYARD CHRISTIAN FELLOWSHIP, ATTN: STEVEN ZARIT, 333 East Cerrttos, Anaheim, CA 92812-7019 LOCATION; 333 East Cerritos Avenue (Vineyard Christian Center) To retain a church (Vineyard Christian Center) with waiver of minimum number of parking spaces. CUP NO. 3050 GRANTED by the Planning Commission, PC88-223. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. C15, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3051 AND NEGATIVE DECLARATION: OWNERS: P/A STATE COLLEGE INVESTORS, 15751 Rockfield Boulevard, #200, Irvtne, CA 92718 LOCATION: 1177 S. State College Boulevard To permit a 6-unit, 8,670 square-foot commercial retail center including a 2,800 square-foot convenience market wtth waivers of (a) minimum structural setback for trash enclosure and (b) required screening of parking area. CUP NO. 3051 GRANTED by the Planning Commission, PC88-224. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. A review of the Planning Commission's action was requested by Council Members Kaywood and Pickler and, therefore, a public hearing will be scheduled at a later date. C16, WAIVgR OF CODE REQUIREMENT, CONDITIONAL USE pERMIT NO. 3052 AND NEGATIVE OWNERS: ORANGE COUNTY STEEL SALVAGE, 3200 E. Frontera Road, Anaheim, CA 92816 88O 6O City Hall. Anaheim. California - COUNCIL MINUTES - August 30. 1988, 1:30 P.M. AGENT: 91 FREEWAY AUCTION SALES, P.O. BOX 6258, Anaheim, CA 92816 LOCATION: 3180 Frontera Street To establish a retail used automobile sales facility with waiver of maximum area of freestanding sign. CUP NO. 3052 GRANTED by the Planning Commission, PC88-225. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. C~7, CONDITIONAL USE PERMIT NO, 3054 AND NEGATIVE DECLARATION: OWNER: MELODYLAND CHRISTIAN CENTER, ATTN: NOBLE R. BUSSAY, P.O. Box 6000, Anaheim, CA 92816 LOCATION; 400 West Freedman Way To permit a 40-patient birthing center, a 200-person child day care facility, and a lO0-person adult day care facility. CUP NO. 3054 GRANTED by the Planning Commission, PC88-226. Approved Negative Declaration. ~18, VARIANCE NO, 3737 AND NEGATIVE DECLARATION. AMENDMENT TO CONDITIONS OF APPROVAL: OWNERS: VAZQUEZ AND DE LEON 12, ATTN: HUGO VAZQUEZ, 2240 W. Lincoln, Anaheim, CA 92801 ~DCATION; 207 and 211 North Coffman Street Petitioner requests amendment to Conditions of Resolution No. PC88-14 pertaining to recordation of a tract map to establish an 8-unit condominium complex. Variance No. 3737 DENIED by the Planning Commission, PC88-227. Negative Declaration found to conform. REPORTS AND RECOMMENDATIONS FROM THE PLANNING COMMISSION: C19, REOUEST FOR CODE AMENDMENT PERTAINING TO MINIMUM FLOOR AREA OF DWELLINGS IN THE RS-HS-22,000 ZONE - Request from Jeff Lake, Keith Companies, for a Code amendment pertaining to the minimum livable floor area of single-family dwellings in the RS-BS-22,000 zone. Request for Code Amendment DENIED by the Planning Commission. No action taken by the City Council. C20. RECOMMENDED CODE AMENDMENT - Subsection 18.060.070.030 - Drive-through and drive-up lane requirements for fast food restaruants. Recommended Code Amendment APPROVED by the Planning Commission. Councilman Bay moved to direct the City Attorney to prepare the Ordinance. Councilman Bunter seconded the motion. MOTION CARRIED. 881 City Hall. Anaheim, California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. C21. OVERVIEW AND STATUS OF SPECIAL STUDIES PREVIOUSLY IDENTIFIED BY THE pLANNING COMMISSION. CITY COUNCIL OR STAFF. No Action taken by the Planning Commission. No action taken by the City Council. End of Planning Commission Items. MOTIONS CARRIED. 179; RECLASSIFICATION NO. 82-83-35 AND CONDITIONAL USE PERMIT NOS. 2460. 2461 AND 2462 - REQUEST FOR EXTENSIONS OF TIME: Requested by Farano and Kievtet, 100 South Anaheim Boulevard, Suite 340, Anaheim, CA 92805. The property is located at 300 W. Katella (Riviera Mobilehome Park). MOTION: Councilman Pickler moved to approve Reclassification No. 82-83-35 - for a retroactive time extension (from January 24, 1985) to expire on January 24, 1990 to comply with conditions of approval. For a change in zone from RS-A-43,000 to RM-i,O00. Councilman Ehrle seconded the motion. Councilwoman Kaywood voted no. MOTION CARRIED. MOTION: Councilman Pickler moved to approve Conditional Use Permit No. 2460 for a retroactive time extension (from October 1, 1986) to expire on October 1, 1989 to comply with conditions of approval. To permit a 17-story, l?l-foot high, 852 room hotel with accessory uses and on-premise sale and consumption of alcoholic beverages. Councilman Ehrle seconded the motion. MOTION CARRIED. MOTION: Councilman Pickler moved to approve Conditional Use Permit No. 2461 for a retroactive time extension (from October 1, 1986) to expire on October 1, 1989 to comply with conditions of approval. To permit two 14-story, 200-foot high office buildings. Councilman Ehrle seconded the motion. MOTION CARRIED. MOTION: Councilman Pickler moved to approve Conditional Use Permit No. 2462 for a retroactive time extension (from October 1, 1986) to expire on October 1, 1989 to comply with conditions of approval. To permit two 234-foot high, 180-unit residential condominium towers. Councilman Ehrle seconded the motion. Gounctlw0manKaywo0d voted no. MOTION CARRIED. 179; CONDITIONAL USE PERMIT NO, 2834 - EXTENSION OF TIME: REQUESTED BY: MICHAEL MRABCZUK, TAIT & ASSOCIATES; ~DCATION; 956 S, Brookhurst (northeast corner of Brookhurst and Ball Road): Councilman Bay moved to approve a one-year extension of time to Conditional Use Permit No. 2834, to expire October 1, 1989, to comply with conditions of approval. To permit a foodmart without off-sale beer and wine in conjunction with self-serve gasoline sale on CL zoned property with code waiver of minimum structural setback. Councilman Ehrle seconded the motion. Councilman Pickler voted no. MOTION CARRIED. 882 58 City ~all, Anaheim, California - COUNCIL MINUTES - August 30. 1988. 1:30 P.~ 179: VARIANCE NO, 3602 - REOUEST FOR EXTENSION OF TIME: REQUESTED BY: S & M Development & Investments, P.O. Box 3868, Mission VteJo, CA 92690; LOCATION: 402, 415, and 419 South Helena Street. Councilman Bay moved to approve a one-year extension of time (retroactive to March 10, 1988) to Variance No. 3602, to expire March 10, 1989, to comply with conditions of approval to construct a 3-story, 22-unit apartment complex with code waivers of maximum structural height and maximum site coverage as requested. Councilman Hunter seconded the motion. MOTION CARRIED. 179: ORDINANCES FOR INTRODUCTION; Councilman Bay offered Ordinance Nos. 4958 and 4959 for introduction. ORDINANCE NO, 4958: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CERTAIN CONDITIONS OF APPROVAL AS SET FORTH IN ORDINANCE NO. 3435, AS AMENDED, RELATING TO ZONING RECLASSIFICATION PROCEEDINGS NO. 74-75-26. (For a change in zone from RS-A-43,000 to GL, to permit a 2-story, 20,364 sq. ft. commercial office building) ORDINANCE NO, 4959; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 87-88-42 located at 1601 South Euclid Street, from RS-A-43,000 to 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO, 3022 AND NEGATIVE DECLARATION: OWNER: ARNT G. QUIST, 3737 Birch Street, Suite 200, Newport Beach, GA 92660 AGENT: ANAHEIM FOOD PARK INC., ATTN: MANMETT NIWAR AND KULIEET NIWAR, 3437 E. Rtdgeway Drive, Orange, GA 92667 The property is located at 300 S, Anaheim Boulevard. The original request was to construct a 3584 square foot convenience market with waiver of minimum dimension of small car spaces. Conditional Use Permit No. 3022 was denied by the Planning Commission under Resolution No. PC88-165. The Planning Commission's decision was appealed by Rodolfo MonteJano on behalf of the agent and public hearing scheduled before the City Council. Conditional Use Permit No. 3022 was also denied by the City Council at its meeting of August 9, 19~8. A request for rehearing was subsequently submitted by the Agent, Anaheim Food, Inc. MOTION: Councilman Bay moved to deny the request for rehearing on Conditional Use Permit No. 3022. Councilwoman Kaywood seconded the motion. Councilman Hunter abstained. MOTION CARRIED. %79; 3-A: K~QUEST FOR REHEARING - VARIANCE NO, 3802, CATEGORICALLY EXEMPT. CLASS OWNER: CHANDER P. SHARMA AND VENU SHARMA, 3356 West Ball Road, Anaheim, CA 92804 883 55 City Hall, Anaheim, California - COUNCIL MINUTES - August 30. 1988. 1:30 P.M. AGENT: DEVELOPERS' ENGINEERS, ATTN: GARY PERKINS, 1401 North Batavia, Suite 104, Orange, CA 92667 The property is located at 5151 E. Crescent Drive. The original request was for a waiver of maximum structural height to construct a 2-story, 31-foot high, single-family residence. Variance No. 3802 was approved by the Zoning Administrator for a maximum height of 29 feet Decision No. ZA88-36. A review of the Zoning Administrator's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of June 28, 1988 and set for a public hearing before the City Council. Variance 3802 was subsequently denied at the public hearing held July 26, 1988. A request for rehearing was submitted by the Agent, Gary Perkins, Developers' Engineers. ~0TION: Councilwoman Kaywood moved to deny the request for rehearing on Variance No. 3802. Councilman Hunter seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Bay moved to adjourn. motion. MOTION CARRIED. (6:26 p.m.) LEONORA N. SOHL, CITY CLERK Councilman Ehrle seconded the 884