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1988/09/13City Ha~l. Anaheim. California - COUNCIL MINUTES - September 13. 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 PLANNING DIRECTOR: Joel Fick SENIOR PLANNER: Greg Hastings ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER: Paul Singer A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:10 p.m. on September 9, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the meeting to order at 12:00 noon. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59; San Diego Pipeline vs. Board of Equalization, LASC No. C-502532; City of Anaheim vs. County of Orange, O.C.S.C.C. No. 50-96-78. 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. (1:57 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. 885 City Hall, Anaheim, California - COUNCIL MINUTES - September 13, 1988, 1:30 P,M, 119; PRESENTATION - INTRODUCTION OF N~W CITY EMPLOYEES: City Clerk Leonora Sohl stated that there are a number of employees participating in the new orientation program who are present in the Chamber audience. At the second meeting of each month, new employees will be introduced and after their names are announced, will be asked to stand and remain standing until all have been introduced. A the conclusion of announcing the names of the new employees, they were welcomed by the City Council. ~19; PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: American Businesswomen's Day in Anaheim, Saturday, September 10, 1988, Adult Day Care Center in Anaheim, September 16, 1988, Booster Bowl II Day in Anaheim, September 17, 1988, Constitution Week in Anaheim, September 17-23, 1988. American Business Women's Day was ratified; Paula Hertel, Director and Seena Rusch, Participant, accepted Adult Day Care Center Day; Booster Bowl II Day was to be presented at the event at Glover Stadium; and Constitution Week was accepted by Marilyn J. Skinner, local Committee Chairman for the National Society of the Daughters of the American Revolution. 119; ?RESENTATION - PEDESTRIAN AND SAFETY AWARD: Mr. Ketth Corzine, Automobile Club of Southern California, presented to the City of Anaheim the Pedestrian Safety Award for 1987, and congratulated Anaheim for its 2.1 safety average as compared to the national average of 3.1. Mayor Bay accepted the award on behalf of Anaheim's fine staff and the School Traffic Safety Committee. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held August 16, 1988. Councilman Ehrle seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,011,805.38 for the wee~. ending September 2, 1988 and $2,826,696.63 for the week ending September 9, 1988, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCE; The titles of the following resolutions and ordinance on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-340 through 88R-343, both inclusive, for adoption and Ordinance No. 4960 for introduction) Councilman Bay moved to waive the reading in full of the resolutions and the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 886 8] City Hall. Anaheim, California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, 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-340 through 88R-343, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4960 for first reading. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Greyhound Exposition Services for indemnity for damages sustained purportedly due to actions of the City on or about February 23, 1987. b. Claim submitted by Maria Pelayo for property damage sustained purportedly due to actions of the City on or about May 3, 1988. c. Claim submitted by Asad Sabetpour for property damage sustained purportedly due to actions of the City on or about April 19, 1988. A2. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held June 22, 1988. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held July 14, 1988. 105: Receiving and filing minutes of the Community Services Board meeting held July 14, 1988. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held July 27, 1988. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held July 27, 1988. 105: Receiving and filing minutes of the Public Utilities Board meeting held Augumt 4, 1998. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held August 10, 1988. 103: Receiving and filing minutes of the Local Agency Formation Commission meeting held August 17, 1988. 171: Receiving and filing a certified copy of Metropolitan Water District's Resolution No. 8200, levying taxes for the fiscal year 1988/89. A3. 158; RgSOLUTION NO. 88R-340: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Located at Avenida de Santiago as shown on Parcel Map 79-233 - Tract 8520) 887 City Hall, Anaheim, California - COUNCIL MINUTES - September %3, 1988. 1:30 P.M. A4. 165: Approving a Notice of Completion of the construction of Cherry Way Sidewalk Improvement, by Nobest, Inc. and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A5. 123: Approving an agreement with Willdan Associates in the amount of $60,000 to provide consulting services for Lincoln Avenue Harbor Boulevard to I-5 Widening and EIR Study, and authorizing the Mayor and City Clerk to execute said agreement. A6. 114/105: Approving the proposed Council Policy relating to requests for staff services by Boards and Commissions. ~05; ORDINANCE NO. 4960; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.04.999 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONFLICTS OF INTEREST. (Relating to Boards and Commissions) A7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to CenterCore Systems, in the amount of $39,925.83 plus estimated freight costs of $2,000 for the purchase and installation of modular workstations in the Utilities Customer Service Division. AS. 160: Authorizing the Purchasing Agent to issue a purchase order to McMahon Desk Company in an amount not to exceed $50,000 for purchasing Harper furniture as required during FY 88/89 in accordance with Bid #4624. A9. 123: Approving an Exclusive Right to Negotiate Agreement with Ogden Financial Services, Inc., and the Nederlander Organization pertaining to the development of a multi-purpose sports and entertainment arena, and authorizing the Mayor and City Clerk to execute said agreement. Al0, 123; RESOLUTION NO. 88R-341; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO THE TERMS AND CONDITIONS OF AN AGREEMENT TO SELL PROPERTY TO THE ANAHEIM REDEVELOPMENT AGENCY. (Approving an agreement for acquisition and sale of real property with the Redevelopment Agency (such property is generally located at 210 West Third Street, 249 South Lemon Street, and 119-131 West Chestnut Street), and authorizing and directing the Mayor and the City Clerk to execute said agreement on behalf of the City) Ail. 106: Approving an amendment to the 1988/89 Resource Allocation Plan by reallocating $3,583,125 of existing approved appropriations, increasing the adopted revenue appropriations by $2,282,200 and expenditure appropriations by $1,781,200. Al2. 123: Authorizing the Community Services Manager to execute a letter to the Amateur Athletic Foundation of Los Angeles' terminating its grant agreement with the City and the Anaheim Athletic Boxing Club. Al3. 123: Approving a sublease agreement with Feedback Foundation, Inc. for the use of the West Anaheim Senior Citizens Center on a shared basis to provide meal programs and other social and recreational activities and services for senior citizens. 888 49 City Hall. Am-helm. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M. Al4. 175.123: Approving a Memorandum of Understanding with Municipal Water District of Orange County (MWDOC) giving consent to MWDOC to proceed with the preliminary activities pertaining to development of additional capacity on the Allen-McColloch Pipeline. 175.123: Approving the Commitment Letter relating to the Allen-McColloch Pipeline which is an agreement to reimburse MW-DOC in an amount not to exceed $29,000 for its study costs in the event that the project is not undertaken. Al5. 123: Waiving Council Policy 401 and approving an agreement with Marshall & Stevens, Inc., to provide appraisal services of selected City structures, in an amount not to exceed $45,000. Al6, ~8; RESOLUTION NO, 88R-342; 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. Al7, ~75; RESOLUTION NO. 88R-343: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, AUTHORIZING THE EMPLOYMENT OF A FINANCIAL ADVISOR WITH RESPECT TO THE ISSUANCE AND SALE OF WATER REVENUE ANTICIPATION NOTES. (Approving the appointment of M. R. Beal & Company to act as financial advisor to the City with respect to the issuance and sale of Water Revenue Anticipation Notes - $3,700,000) Roll Call Vote on Resolution No. 88R-340 through 88R-343: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-340 through 88R-343, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 105; gCONOMIC DEVELOPMENT BOARD - RESIGNATION: On motion by Councilman Bay, seconded by Councilman Pickler, resignation of Marshall B. Krupp from the Economic Development Board, term ending June 30, 1992, was accepted, and the city Clerk was authorized to post an unscheduled vacancy on the board, and to send a letter to Mr. Krupp thanking him for his service. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution Nos. 88R-344 through 88R-347, both inclusive) Councilman Bay moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. 889 5O City Hall, Anaheim, California - COUNCIL MINUTES - Sevtember 13. 1988. 1:30 P.M, 179: TERMINATING CONDITIONAL USE pERMIT NO. 139 AND TERMINATING VARIANCE N0, 403: Councilman Bay offered Resolution No. $8R-344 for adoption, terminating all proceedings in connection with Conditional Use Permit No. 139 and declaring Resolution No. 7105 null and void, and Resolution No. 88R-345 for adoption, terminating all proceedings in connection with Variance No. 403 and declaring Resolution No. 2929 null and void. Refer to Resolution Book. RESOLUTION NO, 88R-344: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 139 AND DECLARING RESOLUTION NO. 7105 NULL AND VOID. RESOLUTION NO. 88R-345: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 403 AND DECLARING RESOLUTION NO. 2929 NULL AND VOID. Roll Call Vote on Resolution Nos. 88R-344 and 88R-345: AYES: NOES: ABSENT: COUNCIL MEMBERS: Ehrle, COUNCIL MEMBERS: None COUNCIL MEMBERS: None Hunter, Kaywood, Pickler and Bay The Mayor declared Resolution Nos. 88R-344 and 88R-345 duly passed and adopted. ~79; TERMINATING VARIANCE NO, 2469: Councilman Bay offered Resolution No. 88R-346 for adoption, terminating all proceedings in connection with Variance No. 2469 and declaring Resolution No. 73R-72 null and void. Refer to Resolution Book. RESOLUTION NO, 88R-346; A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2469 AND DECLARING RESOLUTION NO. 73R-72 NULL AND VOID. Roll Call Vote on Resolution No. 88R-346: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickler and Bay The Mayor declared Resolution No. 88R-346 duly passed and adopted. 179: TERMINATING VARIANCE NO, 2637; Councilman Bay offered Resolution No. 88R-347 for adoption, terminating all proceedings in connection with Variance No. 2637 and declaring Resolution No. 75R-14 null and void. Refer to Resolution Book. RESOLUTION NO, 88R-347; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2637 AND DECLARING RESOLUTION NO. 75R-14 NULL AND VOID. Roll Call Vote on Resolution No. 88R-347: 890 47 City Hall. Anaheim. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-347 duly passed and adopted. 179: OP. DINANCES FORA D OPTION: WAIVgR OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 4958 and 4959) Councilman Bay moved to waive the reading in full of the ordinances. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Bay offered Ordinance No. 4958 for adoption, amending Ordinance No. 3435 as previously amended, relating to Reclassification 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 located at the Southwest corner of Lincoln and Sunkist. Refer to Ordinance Book. ORDINANCE NO. 4958: AN ORDINANCE 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. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4958 duly passed and adopted. Councilman Bay offered Ordinance No. 4959 for adoption. Refer to Ordinance Book. 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 GL) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4959 duly passed and adopted. 179; ORDINANCES FOR INTRODUCTION: Councilman Pickler offered Ordinance No. 4961 for introduction, amending Subsection .030 of Section 18.06.070 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code to increase the required length of drive-through service lanes without separate order devices from 100 feet to 160 feet. 891 48 City Hall, Anaheim. California - COUNCIL MINUTES - September 13. 1988, 1;30 P.M. ORDINANCE NO, 4961: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .030 OF SECTION 18.06.070 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Councilwoman Kaywood offered Ordinance No. 4962 for first reading. ORDINANCE NO. 4962: 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. 87-88-03 located at 6000 North Kellogg Drive, from RS-A-43,000 to RS-5,000 - for Tentative Tract 13130) 179/114: RECLASSIFICATION NO, 88-89-09 AND VARIANCE NO. 3834: Councilwoman Kaywood reported that she had received a request to schedule a public hearing for Reclassification No. 88-89-09 and Variance No. 3834, which were heard by the City Planning Commission on August 29, 1988. After brief discussion, the City Council determined that action to set a public hearing be delayed, pending the Planning Commission Consent Calendar on the City Council Agenda for September 20, 1988, where subject applications will be noted for Council information. 114: pROPOSED RENAMING - SARAH FAY PEARSON MOTHER COLONy HOUSE: At the suggestion of Councilwoman Kaywood, the City Clerk was directed to write a letter to the Mother Colony House Board of Directors, suggesting a plaque to rename the facility the Sarah Fay Pearson Mother Colony House, in memory of the late Mrs. Pearson, who devoted a great deal of time to that historic facility. ~05; PROJECT AREA COMMITTEE REQUEST - CHARTER R~NEWAL: On motion by Councilman Bay, seconded by Councilman Ehrle, the City Clerk was instructed to place on the Council Agenda for September 20, 1988, the request previously submitted to renew the charter for the Project Area Committee (PAC), which expired June 30, 1988. MOTION CARRIED. RECESS - CLOSED SESSION: By general consent, the City Council recessed into Closed Session to continue consideration of items listed on the Closed Session Agenda; to return at 3:00 p.m. for scheduled public hearings. (2:40 p.m. ~ The Mayor called the meeting to order, all Council Members being present. (3:00 p.m.) 179: PUBLIC HEARING - VARIANCE NO, 3815, CATEGORICALLY EXEMPT, CLASS 3-A: APPLICANT: OWNER: Richard E. Colliver and Judy J. Colltver 382 Silverbrook Drive, Anaheim, CA 92807 AGENT: Peter E. Larson 10600 Magnolia, Suite I, Riverside, CA 92505 892 45 City Hall. Anaheim. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M. LOCATION/REQUEST: The property is located at 7460 East Hummingbird Circle. The request is to construct a 2-story, 34.5 foot high, single-family residence with waiver of maximum structural height. ZONING ADMINISTRATOR ACTION: The Zoning Administrator approved Variance No. 3815, Decision No. ZA88-46. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of August 16, 1988, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 1, 1988. Posting of property September 1, 1988. Mailing to property owners within 300 feet - September 1, 1988. PLANNING STAFF INPUT: See Staff Report to the Zoning Administrator dated July 14, 1988. As a point of information, prior to the hearing, Councilman Pickler inquired as to when th City Council might expect to hear the results from the Planning Commission study concerning structural height limitations in the scenic corridor area. He indicated that he was of the opinion this hearing should be delayed until that study information was made available to the Council. Mayor Bay and Council Member Ehrle were of the opinion it would be unfair to this applicant to delay construction another 4-6 weeks. Mr. Greg Hastings reported that the height limitation report will be going to the Planning Commission on September 26, 1988. APPLICANT'S STATEMENT: Peter Larson, 10600 Magnolia, Suite I, Riverside. Agent for Mr. and Mrs. Colliver, indicated he was present and prepared to represent them. He advised that the approval given by the Zoning Administrator was after the house had been redesigned down to 30 feet. The original request was for a 34.5 foot variance. It is a variance of 30 feet that is being requested at the present time. Sol Berdr stated that he had performed all of the structural and civil engineering necessary for the site, taking into account the natural terrain, to assure that the footings would hold. PUBLIC INPUT: OPPOSED: SonJa Grenwal, Anaheim Hills Citizens Coalition, requested that the City Council continue this matter until after the September 26th Planning Commission meeting. She submitted 26 letters in opposition to the Variance from homeowners to the east and south of subject property. She read one of these letters from Dave Martin, 755 S. Bunting Court, the President of the Canyon View Estates Homeowners Association. 893 City Hall, Anaheim, California - COUNCIL MINUTES - September 13. 1988, 1;30 P,M. --- An additional four letters in opposition were also on file for a total of 30 letters. Judy Colliver, 382 Silverbrook Drive, Anaheim 92807 noted that when they purchased this property, the investment company had approved building plans which they could have used and they were the same as the plans used for Canyon View Estates, however there were no plans available for this particular lot. Mr. Hastings advised that any such plans would have to have been for a home not more than 25 feet in height. There were no further people who wished to speak in favor or opposition. COUNCIL ACTION: Mayor Bay closed the public hearing. Mayor Bay inquired as to whether the Zoning Administrator had in fact reviewed whether the 5 additional feet for this structure would obstruct anyone's view. Joel Fick advised that the Zoning Administrator carefully reviews the written application, holds hearings and also makes a field survey. In this instance, the applicant was requested to reduce the request from 34.5 to 30 feet. Mayor Bay noted that the Council has under consideration a height variance of 5 feet, for a house which will be built on 3/4 acre. He did not think 5 feet would even be discernible from the nearest house. He offered the Resolution to approve the variance as granted by the Zoning Administrator. Councilwoman Kaywood spoke against the resolution, noting that while individuals are attracted to the area for its natural beauty, they then immediately want to diminish this with homes so large that the hills cannot be seen. Council Member Hunter stated he viewed the request for this variance as minimal, since any impact it would have is mitigated as the lot it will be located on is on a street along a ridge line with all existing visible houses on a grade 50 feet or more higher. He concurs with the decision made by the Zoning Administrator. MOTION: Council Member Pickler moved to continue this public hearing to the month of October, after the Planning Commission decision on height waivers in the scenic corridor. Councilwoman Kaywood seconded the motion. Said motion failed to carry, with Council Members Bay, Hunter and Ehrle voting no. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Bay, seconded by Councilman Ehrle, the City Council determined that the proposed activity falls within the definition of Section 3.01, Class 3-A, of 894 43 City Hall. Anaheim. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M. 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-348) Councilman Bay moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-348 for adoption, granting Variance No. 3815. Refer to Resolution Book. RgSOLUTION NO. 88R-348: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3815. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter and Bay Kaywood and Pickler None The Mayor declared Resolution No. 88R-348 duly passed and adopted. 179; PUBLIC HEARING - AMEND CONDITIONS OF APPROVAL TO VARIANCE NO, 3791 AND NgGATIVE DECLARATION: APPLICANT: OWNER: Ledger Smith 1716 N. Ross Avenue, Santa Aha, CA 92706 ATTN: Security Pacific National Bank P.O. Box 7120, Newport Beach, CA 92658 AGENT: Gerald M. Greco 2225 E. Katella Avenue, Anaheim, CA 92806 Thomas K. Cannon 27665 Foches Road, Suite 204, Laguna Niguel, CA 92677 LOCATION/REQUEST: The property is located at 2225 E. Katella Avenue. The request is for waivers of (a) maximum number of free standing signs, (b) permitted location of free standing signs, (c) minimum distance between free standings signs and (d) minimum sight distance requirements to construct 2 additional free standing signs. PLANNING COMMISSION ACTION: Resolution No. PC88-123 granted Variance No. 3791. Variance No. 3791 was also granted by the City Council, subject to 895 City Hall, Anaheim, California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M. -- City Planning Commission Conditions to allow 3 free standing signs for the 3 specific automobile companies. (Resolution No. 88R-254). HEARING SET ON: A request for rehearing on the issue of the conditions was submitted by Roy Castanon, Stadium Motors, Inc. and was denied by the City Council at the meeting of July 26, 1988. A Request to amend conditions of approval was submitted by Roy Castanon, Stadium Motors and public hearing scheduled this date. Mr. Jack White confirmed for the City Council that the applicant's request is that the Council amend the conditions by deleting all of them. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 1, 1988. Posting of property September 1, 1988. Mailing to property owners within 300 feet - September 1, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 9, 1988, and City Planning Commission Resolution No. PC88-123. APPLICANT'S STATEMENT: Mr. Gerald M. Greco, 2225 E. Katella Avenue, Anaheim, Agent for the applicant. Mr. Greco called attention to the letter submitted by Mr. Roy Castanon, Stadium Motors, indicating their desire to have all conditions of City Planning Commission and City Council resolutions granting Variance No. 3791 deleted. He explained that he misunderstood and thought the City Council had granted the variance to permit the third free-standing sign without the conditions, and was not aware the same eight conditions were placed on the approval until he received confirmation in the mail with copy of Resolution No. 88R-254. Mr. Grec0 explained that these conditions pose a great dilemma for the auto dealership, in that they need the sign in order to be able to advertise and sell the cars, but are not able to meet the conditions, except for condition no. 3. STAFF INPUT: Because it was unclear, staff verified for Council that two of the three signs under discussion already exist. The Variance would permit one additional sign to be added to the property. These are described in the variance as "El, E2 and #2". Zoning Administrator, Annika Santalahtt, reviewed the conditions being appealed, indicating that these are typical of what is imposed on such requests, the only unusual one being no. 2 regarding the signing of a covenant agreeing not to contest the formation of any assessment district(s) which has been routinely applied to properties in the Stadium Area. 896 41 CSty Hal~, Anaheim, Ca~$$ornta - COUNCIL MINUTES - Sevtember 13, 1988. 1:30 P.M, Mr. Greco explained that the property owner is very elderly, and unwilling to sign such documentation which would allow them to proceed with these conditions. COUNCIL ACTION: The Mayor asked if anyone else wished to address the Council, either in favor or opposition. There being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, 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-349) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-349 for adoption. Refer to Resolution Book. RESOLUTION NO. 88R-349: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE NO. 3791 AS APPROVED BY RESOLUTION NO. 88R-254. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-349 duly passed and adopted. 134/179; ~UBLIC HEARING - GENERAL PLAN AMENDMENT NO. 245. RECLASSIFICATION ~O, 88-89-03, VARIANCE NO, 3811 AND NEGATIVE DECLARATION APPLICANT: OWNER: Lincoln Property Ltd. 4200 Trabuco Road, Suite No. 222, Irvtne, CA 92720 AGENT: Christopher Pierce, A.M. Homes 4060 Campus Drive, Suite 250, Newport Beach, CA 92660 LOCATION/REQUEST: The property is located at 1780 West Lincoln Avenue. The petitioner requests an amendment to the Land Use Element of the General Plan proposing a redeslgnation from the current General Commercial designation to a 897 Hall, Anaheim, California - COUNCIL MINUTES - September 13. 1988, 1;30 P,M. -- Medium Density Residential or Low-Medium Density Residential designation, for a change in zone from CL to RM-1200 or a less intense zone, and to construct a 106-unit apartment complex with waiver of maximum structural height. PLANNING COMMISSION ACTION: Resolution No. PC88-186 granted General Plan Amendment No. 245, Exhibit A; Resolution No. PC88-187 granted Reclassification No. 88-89-03; Resolution No. PC88-188 granted Variance No. 3811; approved EIR - Negative Declaration. HEARING SET ON: Necessity for City Council to consider the General Plan Amendment which has been recommended by the Planning Commission. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 1, 1988. Posting of property September 1, 1988. Mailing to property owners within 300 feet - September 1, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 18, 1988. APPLICANT'S STATEMENT: Mr. Ken Labtnsky, A.M. Homes, 4060 Campus Drive, Suite 250 Newport Beach CA 92660 He reported that the property in question borders on apartment property on the southeast. There are six single family residences, and he has personally met with these homeowners and reviewed plans with them. There are strong protections to the privacy of these homes to be provided with this project, such as, no windows or balconies which will overlook the homes. He noted that this 106 unit apartment project will have double the amount of recreational open space that is required, and is under the maximum density allowed in this zone. He advised that the builder and architect were present to answer questions. Councilman Pickler asked if a left turn would be possible at this location, and was advised there is a median existing and there are no plans to cut the median. Mayor Bay inquired relative to the number of feet proposed in the setback to the RS-7200 property and was advised that 46 foot was originally proposed, whereas the Planning Commission approved a minimum of 50 feet, with a second floor orientation so that no windows or balconies overlook the single family homes. PUBLIC INPUT: The Mayor asked if anyone wished to speak either in favor or opposition. There was no response. The Mayor closed the public hearing. gNVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration 898 City Hall, Anaheim. California - COUNCIL MINUTES - September 13. 1988. 1:30 P.M. 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-350, 88R-351 and 88R-352) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-350 for adoption, approving General Plan Amendment No. 245, Exhibit A; Resolution No. 88R-351 for adoption, approving Reclassification No. 88-89-03; Resolution No. 88R-352 for adoption, granting Variance No. 3811, all subject to the conditions set forth by the City Planning Commission. Refer to Resolution Book. ~$OLUTION NO. 88R-350: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AHENDMENT NO. 245, EXHIBIT "A." ~$OLUTION NO. 88R-351: 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-352: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3811. Roll Call Vote on Resolution Nos. 88R-350 through 88R-352: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-350 through 88R-352, both inclusive, duly passed and adopted. RECESS - CLOSED SESSION: On motion by Mayor Bay, seconded by Councilwoman Kaywood, the City Council recessed to Closed Session. MOTION CARRIED (4:25 p.m.) ADJOURNMENT: Mayor Bay moved to adjourn. Council Member Hunter seconded the motion. MOTION CARRED (6:25 p.m.) LEONORA N. SOHL, CITY CLERK 899