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1988/10/04City Ha~l, Anaheim. California - COUNCIL MINUTES - October 4, 1988, 2;00 P,M, The City Council of the City of Anaheim met in adjourned 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 Mayor Bay called the adjourned regular meeting of September 27, 1988 to order for the purpose of a Closed Session at 2:00 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.C. No. 46-96-59. b. To discuss labor relations matters - Government Code Section 54957.6. c. To discuss personnel matters - Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. Councilman Bay moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (2:00 p.m.) ADJO~ Councilman Bay moved to adjourn the meeting of September 27, 1988. Councilman Pickler seconded the motion. MOTION CARRIED. (6:45 p.m.) LEONORA N. SOHL, CITY CLERK 942 City Hall, Anaheim. California - COUNCIL MINUTES - October 4, 1988, 6;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 Ftck ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:45 p.m. on September 30, 1988 at the Civic Center kiosk, containing all items as shown herein. The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:45 p.m.) INVOCATION: Captain Joe Huttenlocker, Salvation Army, gave the invocation. ~ Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119; PROCLAMATION: The following proclamation was issued by Mayor Bay and authorized by the City Council: Orange County Hunger Week and World Hunger Day in Anaheim, October 16, 1988. Captain Joe Huttenlocker accepted the proclamation. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,254,849.70, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTION/ORDINANCES; The titles of the following resolution and ordinances on the Consent Calendar were read by the City Manager. (Resolution No. 88R-375 for adoption and Ordinance No. 4964 for adoption and Ordinance No. 4965 for introduction) Councilman Pickler moved to waive the reading in full of the resolution and ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITy MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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 No. 88R-375 for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4964 for adoption and Ordinance No. 4965 for introduction. Al. 105: Receiving and filing minutes of the Public Utilities Board meeting held September 1, 1988. 943 City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held September 7, 1988. A2. 175.123: Approving an indenture with Southern Pacific Transportation Company, for a fee of $415 for a new 12" waterline to be constructed across the Southern Pacific Railroad at Euclid Street (for the Euclid Street Storm Drain Project), and authorizing the Mayor and City Clerk to execute said indenture. A3. 106/155: Approving the appropriation of $75,000 in revenue as a contribution from the Community Center Authority (CCA) to the Planning Department in support of and expense for the Transportation/Land Use Strategy Plan for the Disneyland/Conventton Center (Commercial Recreation) Area; and approving the appropriation of $60,000 in revenue to be received from the private sector through the Visitors and Convention Bureau toward the expense of the Commercial Recreation Area Specific Plan. A4. 153/142: ORDINANCE NO. 4965: INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAMEIMAMENDING CHAPTER 1.04 OF TITLE 1 OF THEANAHEIMMUNICIPAL CODE TO CREATE THE LABOR RELATIONS DEPARTMENT AND THE POSITIONS OF LABOR RELATIONS DIREGTOR ANDADMINISTRATIVE SERVICES DIRECTOR. 152/153: RESOLUTION NO. 88R-375: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF THE LABOR RELATIONS DEPARTMENT TO PERFORM CERTAIN FUNCTIONS HERETOFORE PERFORMED BY THE DIRECTOR OF THE HUMAN RESOURCES DEPARTMENT. AS. 153: Approving the appointment of Garry McRae to the position of Labor Relations Director effective Friday, September 30, 1988. A6. 153: Determining that the Labor Relations Director will be considered the Personnel Director of the City for purposes of the Cooperative Personnel Services Joint Powers Agreement; and, that Garry O. McRae, Labor Relations Director, will continue to serve as a representative for Anaheim on the Cooperative Personnel Services Board; and, that H. David Hill, Assistant Labor Relations Director, will continue to serve as the alternate representative for Anaheim on the Cooperative Personnel Services Board of Directors. A7. 101.123: Approving the First Amendment to an agreement with West Coast Sign Service, Inc., at a cost not to exceed $7,200 per year, for maintenance services of the 3-faced advertising tower at Anaheim Stadium, and to permit the extension of the original agreement from the date of expiration (October 12, 1987) to October 12, 1992. A8. 174: Approving the reallocation of Community Development Block Grant (CDBG) funds, $80,000 to Park Vista Project account, $33,000 to Community Services program account, and $30,000 to Hope House, as recommended by the Communitywide CDBG Citizen Participation Committee. A9. 123: Approving a short-term agreement with the City of Brea to supply helicopter patrol checks to the Carbon Canyon area in the City of Brea for the purpose of fire supression. Brea will reimburse Anaheim at the rate of $228 per hour for this service. 944 City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1988. 6:30 P.M. AIO. 160: Authorizing the Purchasing Agent to issue a change order to Hewlett Packard for an additional amount of $1,413 bringing the revised total for maintenance on computer hardware equipment at the Convention Center to $10,497. Roll Call Vote on Resolution No. 88R-375: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-375 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 156; PROPOSED ORDINANCE NO, 4964 - IMPOSING COSTS FOR CRIMINAL INVESTIGATIONS: Adding Chapter 6.99 to the Anaheim Municipal Code to impose the costs of criminal investigations upon persons who commit criminal acts. This ordinance was introduced at the meeting of September 27, 1988. Mayor Bay. Having read the many newspaper articles, it appears what is not well understood by the media is that ordinances can be offered for first reading by any one Council Member. Such an offering does not require the second of another Council Member, a vote, discussion or anything else. Any action and/or debate starts when a Council Member offers an ordinance for adoption which occurs at the time of second reading. Until it is offered for adoption, it is not even on the table for discussion. The subject ordinance has been offered for first reading only. There has been an assumption by the press that the Council unanimously approved that ordinance which is untrue. In hfs opinion, they have gone through a week of media coverage of an issue which is not even an issue and will only become one if it is offered for adoption wherein it will subsequently be debated and settled on the consensus of the Council's opinion. Since he has removed the item from the Consent Calendar for separate Council action, it is now on the table. He asked if any Council Member is going to offer the ordinance for a second reading and adoption. There being no response, the Mayor declared the ordinance failed since it was not offered for adoption. There was no further action taken By the Council on the issue. ~05; PERSONNEL MATTERS - PUBLIC UTILITIES BOARD: Mayor Bay explained that he had asked last week that the subject be placed on the Council agenda for possible action. Councilman Bay thereupon moved that James Townsend be removed from the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. Mr. James Townsend came forward and stated that the Council told him he would have an opportunity to speak. Mayor Bay answered that Mr. Townsend could do so under the next portion of the agenda - Items of Public Interest. The foregoing action was taken within the policy of the Council to remove at anytime any member of Boards, Commissions and Committees without any comment if they so desire. 945 Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M. ITF~ OF p~LIC INTEREST: Mr. James Townsend, 808 North Pine Street, Anaheim. Before speaking, there are two people he would like to have speak first with Council's permission. Mr. Ken Kessee, 510 North Dwyer Drive, Anaheim. He has been Chairman of the Public Utilities Board (PUB)for 12 years. The Board, comprised of seven members and appointed by the Council 12 years ago meets the first and third Thursday of each month. Board Members receive no remuneration. They are all businessmen who take time from their Jobs or businesses in order to make recommendations to the Council which they feel are in the best interest of the City of Anaheim. They have been involved in very major decisions, i.e., participation in the Intermountain Power Project, the San Onofre Nuclear Plant and many others. A member of the Board, Jim Townsend, has given of his time and has read thousands of hours of paperwork in his tenure on the Board. Because of one slight mistake, part of which was taken out of context, the Council is "firing" Mr. Townsend which is extremely unfair. The Board is very dedicated and the members have never used their position in any way for political aspirations. The members do not agree on everything which is good for the people. It is a good Board which has taken 10 to 12 years for some members just to start to understand what they are recommending involving complex issues. He is asking that the Council reconsider their vote removing Mr. Townsend from the Board. William Kott, 522 Dwyer Drive, Anaheim. He read a letter he had written to the editor of the Anaheim Bulletin but which had not yet been published. The letter was defending Mr. Townsend. Removing Mr. Townsend from the Board is not acting in the best interest of the taxpayers since there never was a better "watch dog" than Mr. Townsend. In concluding, he feels it would be of interest in dismissing Mr. Townsend to state the reason why they voted for his dismissal. Mr. James Townsend. He asked first if the vote was unanimous and Mayor Bay confirmed that the vote was 5/0. He (Townsend) did not come to the Council to apologize for anything. He has devoted 12 years of his life to a Board he was appointed to in a manner in which he thought was in the best interest of Anaheim. As a citizen of Anaheim and a member of the Public Utilities Board, because he asked a new employee if she was from China, that somehow became a racial slur. He questioned where in the Constitution it stated that there is no freedom of speech. In his opinion, the Council has made this a political issue. The fact that the vote was unanimous made it difficult for him to move from one to the other and that after he was promised by two Council Members that they would vote with him. He is going to discuss each and every one of the issues that the people of Anaheim need to know about, especially that part of the Utility Board that deals with debt service of Anaheim. He then thanked the Council for taking the time to listen to and allowing him to speak. Jacqueline Jarrett, 1550 West Tedmar, Anaheim. She submitted and read a letter dated October 4, 1988 regarding a project that was approved at 1500 West Broadway, (Reclassification No. 88-89-08, Variance 3829 and Waiver of Council Policy No. 542). The letter requested a rehearing listing five reasons for the request, the first two being improper notice of the public hearing and incorrect and incomplete resolutions. She explained there was an error in the resolution and it is presently being corrected. 946 B4 City Hall. Anaheim. California - COUNCIL MINUTES - October 4, 1988. 6:30 P.M. City Attorney Jack White explained the item was on the City Council Informational Calendar on August 30, 1988 which was the 22nd day after the Planning Commission action and the last day to file an appeal of the Planning Commission's decision which approved the condominium project with certain Code waivers. Since there was no appeal and the item was not set for a public hearing by the Council, the action of the Planning Commission automatically went into effect. At this time, the Council does not have the jurisdiction to hear tonight or at a later date or entertain a later hearing, since no hearing was held by the Council. If there is difficulty in the wording of the resolutions, when the matter comes back to the Planning Commission agenda, he suggested that Mrs. Jarrett be at that meeting to assure herself as to the wording and discuss that with the Planning Commission at the time they adopt the amended wording. The actions themselves have been approved. The wording would be subject to some minor correction to reflect the action taken by the Planning Commission. Jacqueline Jarrett. She was told they were not going to change them but the corrections would be handled by a nunc pro tunc resolution. However, the resolutions had been prepared the second time and still contained an error. Greg Hastings, Zoning Division Manager. Staff is currently working on a second nunc pro tunc resolution. He clarified that notice of the public hearing was done correctly. City Attorney White. The nunc pro tunc resolutions have to go back to the Planning Commission and need to be adopted by the Commission to correct errors. If Mrs. Jarrett has difficulty with the amended language, she can address that to the Planning Commission. Prior to that, he suggests that she work with Mr. Hastings to make certain he has the information she wishes to provide. The matter does not have to come back to the Council. James Bonsteel, 1203 North Groton. He expressed concern over the creation of a Labor Relations Department and the personnel involved. Sam Powell, 1050 West Katella, No. #241, Anaheim. He spoke in opposition to and took issue with the ordinance that was proposed but not acted upon by the Council concerning imposing the costs of criminal investigations upon persons who commit criminal actions. (See item discussed earlier in the meeting). He feels it is an issue that involves individual's constitutional rights and that the issue is one of such great import it requires a condemnation from the Council. Lee Schlosser, 1823 Beach Boulevard. He explained some difficulties he was experiencing obtaining information from the Police Department revolving around his car being vandalized in 1988; Mayor Bay suggested that the complaint be directed to the Police Department or a letter directed to him. James Henry, 731 Thrasher Way. He also expressed his concern over the fact that the proposed ordinance which was not acted upon by the Council concerning recovering costs for criminal investigations was even contemplated. He urged that the City continue as they have historically - that services for the citizens of Anaheim be paid for by citizens out of taxes. 947 City Hall, Anaheim, California - COUNCIL MINUTES - October 4. 1988, 6:30 P.M. Helen Payne, 1406 Castle Avenue. She asked who was responsible for the ordinance being proposed at all in the first place; City Attorney White stated it was presented by him to the Council. Katherine Davison, 1184 West Vermont. She resents the fact that the proposed ordinance was even brought forward and questioned why the Council did not stop it before it came up on a public agenda. 179; ITEMS C1 - CIO FROM THE PIANNING COMMISSION MEETING OF SEPTEMBER 12. 1988. - ~FORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 4. 1988: Cl. CONDITIONAL US~ PERMIT NO, 3011 AND NEGATIVE DECLARATION: OWNERS: MADHUBALA RAMESHBHAI PATELAND ROMESH NAROTTAMBHAI PATEL, ET AL, ATTENTION: RAHESH N. PATEL, 1914 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION; 1914 South Anaheim Boulevard To permit a 64-unit motel. Planning Commission requested City Council review this item, and recommended that fees be based on increase of square footage only. CUP NO. 3011 GRANTED by the Planning Commission, PC88~252. Approved Negative Declaration. A letter of appeal was filed by Peter C. Wittlin on behalf of Ray & Mona Patel. The item was subsequently set for a public hearing before the City Council on October 11, 1988. C2, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3043. CATEGORICALLY EXEMPT. GLASS-3 AND 5: OWNER: LIGIA DOMINGUEZ, 1223 S. Walnut Street, Anaheim, CA 92802 ~OCATION; 1223 S, Walnut Street To construct a 504 square-foot "Granny Unit" with waivers of (a) minimum side yard setback, (b) minimum rear yard setback and (c) minimum number and type of parking spaces. CUP NO. 3043 GRARTED by the Planning Commission, PC88-253. Waiver of Code Requirement GRANTED by the Planning G0mmissi0n. Approved Negative Declaration. Councilwoman Kaywood requested that the matter be set for a public hearing but there was no second to her request. C3, CONDITIONAL USE PERMIT NO, 3044 AND NEGATIVE DECLARATION: OWNERS: KYU HO YUN AND YOUNG SOOK YUN, ATTN: KYN HO YUN, 9252 Garden Grove Blvd., Garden Grove, CA 92644 AGENT: CHANH NGOE NGUTEN, 16572 MT. NEOTA, Fountain Valley, CA 92708 LOCATION: 50~-~09 South Brookhurst Street (The Ritz) To retain a public dance hall with on-sale of alcoholic beverages. CUP NO. 3044 GRANTED by the Planning Commission, PC88-254. Approved Negative Declaration. 948 City Hall. Anaheim. California - COUNCIL MINUTES - October 4, 1988, 6;30 P.M. C5, C6, C7, C8, VARIANCE NO. 3836 AND NEGATIVE DECLARATION: OWNERS: VERNON L. FREDERICK AND JEANNE E. FREDERICK, 6272 Tratlcrest Lane, Yorba Ltnda, CA 92686 DONALD G. NIKOLS AND CARRIED W. KIKOLS, 2532 Circle Drive, Newport Beach, CA 92663 AGENT: TERRY AND KIKOLS COMPANY, 4 Upper Newport Plaza Drive, #103, Newport Beach, CA 92660 ~OCATION: 1220-32 Diamond Street To constFuct a 22-untt apartment complex with waivers of (a) maximum structural height and (b) maximum site coverage. Variance No. 3836 GRANTED by the Planning Commission, PC88-255. Approved Negative Declaration. VARIANCE NO, 3840 AND NEGATIVE DECLARATION: OWNER: FUJITA CORPORATION USA, P.O. Box 1607, Santa Monica, CA 90406 AGENT: SEABOARD ENGINEERING CO., 1100 S. Beverly Drive, Los Angeles, CA 90035 LOCATION; Property is aPProx. 10.9 acres on the south side of Mlraloma Avenue, apDrox, 319 feet east of the centerltne of Fee Ana Street. To establish a 22-1ot (plus 1 common lot) industrial subdivision. Variance No. 3840 GRANTED by the Planning Commission, PC88-256. Approved Negative Declaration. CONDITIONAL USE PERMIT NO. 3058 AND NEGATIVE DECLARATION: OWNER: LINCOLN CMA, 2415 Campus Drive, Irvtne, CA 92715 AGENT: DENNIS MAILLY, 4511 Etsenhower Circle, Anaheim, CA 92807 LOCATION; 4511 Etsenhower Circle (KiDs GYmnastics Center) To retain a gymnastic training center with 29 parking spaces. CUP NO. 3058 GRANTED by the Planning Commission, PC88-257. Approved Negative Declaration. CONDITIONAL USE pERMIT NO, 3061 AND NEGATIVE DECLARATION: OWNER: LAKEVIEW BUSINESS PARK, 19600 Fairchild, #200, Irvine, CA 92715 AGENT: ARC PHYSICAL THERAPY GLINIG, ATTN: DENNIS FHELF$, 21730 Mackenzie, Yorba Linda, CA 92686 LOCATION; 1240 N, Lakeview Avenue To permit a physical therapy/fitness center. CUP NO. 3061 GRANTED (FOR 5 YEARS) by the Planning Commission, PC88-258. Approved Negative Declaration. CONDITIONAL USE pERMIT NO, 3060 AND NEGATIVE DECLARATION: OWNER: WILLIAM A. COUCH, P.O. BOX 3101, Newport Beach, CA 92663 AGENT: RTM VENTURES, INC., 12235 Beach Blvd., #5, Stanton, CA 90680 LOCATION; ~44 South Harbor Boulevard (Arby's Restaurant) To permit a drive through lane addition to an existing fast food restaurant. 949 City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M. CUP NO. 3060 GRANTED by the Planning Commission, PC88-259. Approved Negative Declaration. C9, W6~VER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO. 3059 AND NEGATIVE OWNER: DONALD T. TAKAI AND DOROTHY M. TAKAI, 3174 W. ROME AVENUE, ANAHEIM, CA 92806 AGENT: MAGDY HANNA, 4400 MacArthur Blvd., 9th Floor, Newport Beach, CA 92660 LOCATION: 150 South Dale Avenue To establish a 27 space mobilehome park with waiver of minimum side yard. CUP 3059 GRANTED by the Planning Commission, PC88-260. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: CiO, CONDITIONAL USE PERMIT NO. 2845 AND VARIANCE NO. 3603 - REQUEST FOR APPROVALOF SPECIFIC PLANS: Property is located at the northwest corner of Santa Aha Canyon Road and Weir Canyon Road. CUP NO. 2845 and Variance No. 3603 were granted at a public hearing by City Council held November 25, 1986, and a one year time extension (retroactive to November 25, 1987) was granted by Council at the meeting of July 19, 1988. Specific Plans for CUP NO. 2845 and Variance No. 3603 APPROVED by the Planning Commission. 179; ITEM Cll FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 26. 1988 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 4. 1988 Gll. ENVIRONMENTAL IMPACT REPORT NO. 283 (PREV. GERT,) - REQUEST TO AMEND CONDITION NO. 96 OF TRACT MAPS RELATING TO SYCAMORE CANYON SPECIFIC PLAN (SP88-%) VESTING TENTATIVE TRACT NOS. 12987. 12988, 12989. 12990. 12991. 12992, %~99~, 12994, 12995, 12996, ~3153, 13154 AND %3155 OWNERS: WOODCREST DEVELOPMENT, ATTN: James Highland, 17911 Mitchell Avenue, Irvine, GA 91714 AGENT: FRANK ELFEND AND ASSOCIATES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LDCATION: Sub3ect property comprises 13 Vesting Tentative Tracts ~ptaling approximately 328.9 acres, located southeast of the southerly terminus of Weir Canyon Road and southwest of Santa Aha Canyon Roa4, bounded on the northwest by the East Hills Planned ~o~munity. on the southeast by The Summit of ~nahe~ Hills Planned ~mmunity. and on the southwest by The Hi_~hlands at Anaheim Hills Specific Plan development and further described ~s Sycamore Canyon (SP88-1). 950 30 City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M. Amendment of Condition No. 96 of Vesting Tract Maps (Sycamore Canyon Specific Plan, SP88-1) APPROVED by the Planning Commission. Joel Ftck, Planning Director. He explained for Mayor Bay that Condition No. 96 was similar to the item the Council discussed at the Council meeting of September 27, 1988 involving the Sycamore Canyon Project. It involves the landscaping and CC&R's and the timing for the implementation of that condition. It was approved by the Planning Commission. The timing was moved to sale or occupancy. End of Planning Commission Informational Items. MOTIONS CARRIED. 179; ORDINANCE NOS, 4966 AND 4967 - INTRODUCTION: Councilman Bay offered Ordinance Nos. 4966 and 4967 for introduction. ORDINANCE NO, 4966; 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. 87-88-54 located at 2201 W. Lincoln Avenue, from RS-A-43,000 to CL) ORDINANCE NO, 4967: 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. 87-88-55 located at 3826 W. Lincoln Avenue, from CL and RS-A-43,000 to RM-1200) 114; DISCUSSION OF NIGHT COUNCIL MEETINGS; Councilman Hunter referring to recent articles in the Anaheim Bulletin covering the question of night Council meetings noted that according to the comments made, there are three people on the Council ready to have night meetings. Councilman Hunter thereupon moved that the subject of holding night Council meetings be placed on the Council agenda of October 11, 1988 for discussion - that there be night Council meetings starting with City business at 3:30 p.m., Closed Sessions between 5 and 6:30 p.m. and the public hearing portion held starting at 6:30 p.m. Councilman Ehrle seconded the motion. Councilman Bay voted no. MOTION CARRIED. RECESS: Councilman Bay moved t0 recess to the public hearin~ portion of the Council agenda at 8:00 p.m. Councilman Hunter seconded the motion. MOTION CARRIED. (7:45 p.m.) ~ The Mayor called the meeting to order, all Council Members being present. (8:05 p.m.) 179; PUBLIC HEARING - VARIANCE NO, 3828, CATEGORICALLY EXEMPT, CLASS 3-A: APPLICANT: OWNER: Tony W. Baxter 6401 E. Nohl Ranch Road, No. 9, Anaheim, CA 92807 LOCATION/REQUEST: The property is located at 7635 E. Silver Dollar Lane. request is to construct a 2-story, 31.5 foot high, single-family residence with waiver of maximum structural height. The 951 27 Hall. A~heim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M. ZONING ADMINISTRATOR ACTION: The Zoning Administrator under Dec[sion No. ZA88-50 approved Variance No. 3828 in part, for 28 feet. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilman Hunter and Councilwoman Kaywood at the meeting of August 30, 1988, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 22, 1988. Posting of property September 23, 1988. Mailing to property owners within 300 feet - September 21, 1988. PLANNING STAFF INPUT: See Staff Report to the Zoning Administrator dated August 11, 1988. Councilman Ehrle. He is excusing himself from discussion and voting since he has a potential conflict of interest relative to the subject hearing. He has in escrow at the present time property that is within 300 feet of Mr. Baxter's property. Councilman Ehrle left the Council dais. APPLICANT'S STATEMENT: Tony W. Baxter, 6401 E. Nohl Ranch Road. This is his 4th hearing and he has learned that each case has an individual quality. He would like this property Judged on its own merits and demerits and not other property. The Anaheim Hills area has gone through tremendous change in the last 20 years. To get the value out of the cost of the land, it is necessary to build a more substantial residence on it. He submitted documents to the Council entitled - Points to be considered in the application for Variance No. 3828 to the home to be built at 7635 Silver Dollar Lane. Nine points were listed and attached therewith were 8 X 10 copies of photos of the property with renderings of the home as it would look on the site. Outlined in red was that portion over the 25-foot height limitation. Also attached were letters from neighbors closest to the proposed residents all in support of the house design (all documents made a part of the record). Mr. Baxter's presentation was briefing of the material submitted aided by a model of the home which was set up beside the podium. In concluding his presentation, he stated that he has done a lot of talking to his neighbors who are all in support. Three are present tonight to speak in support. He is asking that the Council approve his application for a variance. PUBLIC DISCUSSION- IN FAVOR: Nancy Feinstein, 7665 East Silver Dollar Lane. She has been a resident at the subject address for 22 years. She feels ambivalent on this issue since she and Mitzy Ozaki have been friends over those many years. In the 22 years she has lived on Silver Dollar Lane, no houses have been built on 952 City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1988. 6:30 P.M. that street and one house was torn down. It is used as a "lover's lane" and she is eager to see a good development built there. Hr. Baxter's proposal is a lovely home and will be an asset. They not only have no objection to the proposal, but support it very strongly. Patrtcta Sauers, 116 South Eucalyptus. They are in favor of the development. She can site an occasion only last Friday night when the police had to go up into the area. It is now an open area where kids park, there has been drinking, etc. The house will be an asset to the area. James Myers, 102 Eucalyptus. They are not new to Anaheim Hills but are at the subject address. They are in favor of the requested variance. PUBLIC DISCUSSION- IN OPPOSITION: Phillis Duncan, 7625 Pleasant Place. They moved to the area in 1976 and were assured that the area was protected by a 1971 declaration that the area was a scenic corridor overlay zone. In 1973 when the Mohler area was annexed to the City, they were contractually promised specific building and zoning codes, one being that height could not exceed 25 feet. The codes are very important to them. Mitzy Ozaki, 340 Timken Road. She started her presentation by submitting to the Council a petition containing 270 signatures in opposition to the requested waiver of the 25-foot height limitation. The residents who signed are from the Mohler, Del Georgio, Martin, Martella areas and also include 17 names from the Eucalyptus and Silver Dollar areas. (Petition made a part of the record). She also submitted her letter dated October 2, 1988 which she briefed which emphasized that the residents of Peralta Hills and the Santa Aha Canyon area (Mohler annexation) were assured subsequent to annexation that the area would be maintained as one of the finest, low density residential areas in the City. In 1971, the City declared the area in the ~cenic corridor overlay zone. Height waivers are in opposition to the stated scenic corridor goals. She hopes that the Council is comprised of men and women of vision who will preserve the unique amenities of the scenic corridor. Variance No. 3830 is not in keeping with those standards. SUMMATION BY APPLICANT: Tony Baxter. He is doing something that is totally pleasant for anyone to see. He has not heard anyone speak on how they will be hurt by what he is planning to do, but three people have spoken on how his proposal is going to improve and be an asset to the neighborhood. His lot is very long and dog-legged. It has 953 25 City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M. beautiful trees which he is preserving requiring a tight pad on which to build. He used the Canyon View Estates development as a yard stick to develop his home. The plan is the smallest of the homes in that development with much smaller lots which is also in the scenic corridor and all models are taller than 25 feet. His lot is 250 feet in width and economically it is difficult for him to put a tiny house on the lot. He clarified for Councilman Pickler that he is asking for a height of 31 feet. Nineteen homes have been built at Canyon View Estates in the last two years which he is copying and they are above that height. He did a preliminary redesign and the untrained eye would not be able to tell the difference in the look of the house in that adjustment. He also clarified that he thought from the beginning that the height limit was 30 feet. Twenty-eight feet as approved by the Zoning Administrator would cause him to have to start over on the design of the house. COUNCIL ACTION: Mayor Bay closed the public hearing. Mayor Bay. He first clarified that when public hearings are set, they are a hearing de novo meaning that the entire project and any prior decisions made by the Planning Commission or Zoning Administrator are subject to change or revision in any way the Council sees fit. He has a lot of regard for Mrs. Ozaki's opinion; however, in this case there is no impact to the neighbors and no evidence that the neighbors are opposed to the development but on the contrary are in favor. He has difficulty in saying that any ordinance or law in the City is perfect and word-for-word should be enforced. It is not possible to write such an ordinance and have it apply in every case. The Council has been asked to do that by many people in the Hill and Canyon area. It is not fair, he does not feel it can be done, and it has not been done throughout the Hills. He does not feel that 6-1/2 feet in this instance makes any difference. It will not be a precedent maker. He sees nothing wrong with the requested variance. The height issue has become almost a cause and that is why it is under study by the Planning Commission right now. He believes if laws are going to be applied, it is necessary to consider the individual application and use common sense. In this case, it follows that the proposed house is going to be a beautiful addition to the Hills. Councilwoman Kaywood. She is concerned over what is happening in the Hills. It is a unique area and a limited one. She is going to uphold the 25-foot height limit because she feels it makes a difference and will continue to do so. 954 City Hall, Anaheim, California - COUNCIL HINUTgS - October 4. 1988. 6:30 P.M. Councilman Hunter. He lives in the Hills and is concerned over what happens. There is a major complex planning study underway at present and staff has devoted many hours looking at all of the areas. He knows the subject area very well. Looking at the topography where Mr. Baxter is building, added to the fact that none of his immediate neighbors have any objection to his proposed design and quality of the building, he agrees with the Mayor in this case. He commends Mrs. Ozaki for all the work she does but disagrees with the objections on this project. Councilman Pickler. The 25-foot height limitation has been in effect for many years and is in the process of being evaluated at the present time. He feels it is necessary to follow the present guidelines. Those guidelines may change but at this time the ordinance must be maintained at the 25-foot limit. Mayor Bay. He asked the City Attorney, without predetermining the vote on the issue, if the vote is split 2 in favor and 2 against, can there be a vote by a member having it declared conflict. City Attorney White. He answered no. The Political Reform Act will not allow a Council Member who has declared a conflict to vote to break a tie where there are sufficient votes on the Council that an action could be taken. Only three members need to adopt a resolution to approve or deny. Councilman Bay moved to continue the public hearing on Variance No. 3828 for 60 to 90 days with the intent to hold the matter over until completion of the Planning study and final action by the Planning Commission and City Council regarding height limitations. Councilman Pickler seconded the motion. Before a vote was taken, City Attorney White confirmed that it is necessary to specify a date certain and also since the continuance goes beyond the November Election, that those new Council Members will need to familiarize themselves with the item. Joel Fick, Planning Director. The Planning Commission is presently reviewing the ordinance and will be discussing the matter at both of their next two Planning Commission meetings. They had announced to the public at their last hearing that they were going to be discussing the issue at the Planning Commission meeting next Monday, October 10, 1988 and the meeting of October 24, 1988. Councilman Bay amended his motion that the public hearing on Variance No. 3828 be continued to the meeting of November 29, 1988. Councilman Pickler seconded the motion. 955 City Hall. Anaheim. California - COUNCIL MINUTgS - October 4, ~988, 6;30 P,M, Before a vote was taken, City Attorney White indicated that concurrence of the applicant was necessary; Mr. Baxter noted that he did not have any option but to wait until that date although it was very disconcerting to him because the matter had been pending since April and it was very costly to him. A vote was then taken on the motion to continue the public hearing to Tuesday, November 29, 1988. MOTION CARRIED. RECESS: By general consent the Council recessed for ten minutes. (8:52 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (9:07 p.m.) 179/123: NO. 2288 PUBLIC HEARING PROPOSED AMENDMENTS TO CONDITIONAL USE PERMIT REQUESTED BY: Howard D. Coleman, Nossaman, Guthner, Knox & Elliott Thirty-First Floor, 445 South Figueroa Street, Los Angeles, CA 90071-1602 (on behalf of Anaheim Hotel Partnership). LOCATION: Anaheim Hilton and Towers, 777 W. Convention Way. Anaheim, CA 9280? (located generally north of Convention Way and West of Harbor Boulevard). Conditional Use Permit No. 2288 is for an eleven-story (plus mezzanine), 160 foot high, 1600-room hotel and related uses, including on-premise sale and consumption of alcoholic beverages, with a waiver of the minimum number, design and type of off-street parking spaces. The proposed amendments relate to (1) correction of the legal description contained in the existing resolution, (2) reducing the minimum number of off-street parking spaces required for the hotel to 1539 spaces, and (3) adding and amending certain conditions of approval relating to the off-street parking requirements for said hotel as set forth in Section 18.06.010.020 of the Anaheim Municipal Code. The City Council will also consider approval of a Negative Declaration for this project pursuant to provisions of the California Environmental Quality Act. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 22, 1988. Posting of property September 22, 1988. Mailing to property owners within 300 feet - September 22, 1988. City Attorney, Jack White. The Council has received and has before it correspondence dated September 16, and September 28, 1988 on behalf of the applicant from the law firm of Nossaman, Guthner, Knox & Elliott and also correspondence dated October 3, 1988 from Sheppard, Mullin, Richter & Hampton, all of which have been made a part of the record. It would now be appropriate to open the hearing. APPLICANT'S STATEMENT: A1 Coffer, Nossaman, Guthner, Knox & Elliott, 31st Floor, 445 South Figueroa Street, Los Angeles, CA 90071-1602. 956 Z4 City Hall, Anaheim, Ca~ifornia - COUNCIL MINUTES - October 4. 1988. 6:30 P.M. It is a very modest request involving three changes to the existing Conditional Use Permit - a change to the legal description to correct typographical errors made in the original Conditional Use Permit, the second a reduction in the number of parking spaces, that is parking spaces the hotel will lease from the private party. The prior number was based upon an estimate of the plans and specifications. The requested number of 1,539 is based upon an actual count of the spaces that exist in the proposed location. Finally, they want to comply with Chapter 18.06 of the Anaheim Municipal Code which will require an agreement to be approved by the City Attorney. This requirement was fulfilled before the installment sale agreement and under this new arrangement it will be fulfilled by a proposed lease of the parking spaces. PUBLIC DISCUSSION: David McCarty, Sheppard, Mullin, Richter & Hampton, 333 South Hope Street, Los Angeles, representing Security Pacific National Bank. The bank has submitted written comments in response to the application. The bank was concerned that the language of the proposed resolution as originally proposed might be misconstrued as overriding certain provisions of an agreement between the City and the Anaheim Hilton Partnership dated June 14, 1988 that clarified the conditional use permit. Anaheim Hilton Partnership has since revised the language of the resolutions such that the bank is no longer concerned that it can be so misconstrued and, therefore, the bank has no opposition to the application. Mayor Bay then clarified a question posed by Lee Schlosser, 823 Beach Boulevard, that the matter related to an existing hotel and not one that was going to be built. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Ehrle, seconded by Councilman Pickler, 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-376 and 88R-377) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. 957 2] City Hall. Anaheim. California - COUNCIL MINUTES - October 4. 1988. 6:30 P.M. Councilman Pickler Resolution No. 88R-376 for adoption, amending Conditional Use Permit No. 2288 and Resolution No. 88R-377 for adoption, approving a lease agreement as satisfying requirements of Anaheim Municipal Code Section 18.06.010.020. Refer to Resolution Book. RESOLUTION NO. 88R-376: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITIONAL USE PERMIT NO. 2288 AND THE WAIVER OF MINIMUM OFF-STREET PARKING REQUIREMENTS CONTAINED THEREIN AS SET FORTH IN RESOLUTION NO. 82R-125. RESOLUTION NO. 88R-377: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING LEASE AGREEMENT AS SATISFYING REQUIREMENTS OF MUNICIPAL CODE SECTION 18.06.010.020. Roll Call Vote on Resolution Nos. 88R-376 and 88R-377: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay Kaywood None The Mayor declared Resolution Nos. 88R-376 and 88R-377 duly passed and adopted. ADJOURNMENT: Councilman Pickler moved to adjourn to Tuesday, October 11, 1988 at 11:00 a.m. for a Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (9:15 p.m.) LEONORAN. SOHL, CITY CLERK 958