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1988/11/01237 City Hall. Anaheim, California COUNCIL MINUTES - November 1, 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 ASSISTANT CITY CLERK: Ann M. Sauvageau PLANNING DIRECTOR: Joel Fick ZONING DIVISION MANAGER: Greg Hastings CITY ENGINEER: Gary Johnson TRAFFIC ENGINEER: Paul Singer DEPUTY CITY ENGINEER: Arthur Daw A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:45 a.m. on October 21, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the meeting to order at 4:00 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 Manaser 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. (6:44 p.m.) INVOCATION: Captain Joe Huttenlocker, Salvation Army, gave the invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and aut~' :-_zed by the City Council: 1012 City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6:30 P.M. Agronomy Week in Anaheim, November 27 through December 2, 1988, Fingerprinting Month in Anaheim, November 1988, Special Olympics Day in Anaheim, November 4, 1988. Carolyn Plettinck of the Anaheim City School District accepted the Fingerprinting Month proclamation. 119; DECLARATION OF COMMENDATION: A Declaration of Commendation was ~nanimously adopted by the City Council commending Madeline Evans for her dedication and support in coordinating the Orange County Special Olympics. 119: DECLARATION OF REMEMBERANCE: A Declaration of Rememberance was unanimously adopted by the City Council declaring a Night of Pogroms Week in Anaheim, November 6 through 13, 1988. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held September 20, 1988. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,345,034.13, in accordance with the 1988-89 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Al. 118: The following claims were filed against the City and action taken as recommended: a Claim submitted by Mark Irby for bodily injury sustained purportedly due to actions of the City on or about June 21, 1988. b Claim submitted by Paul Egle for indemnity for damages sustained purportedly due to actions of the City on or about July 11, 1985. c Claim submitted by John M. Moody for property damage sustained purportedly due to actions of the City on or about September 26, 1988. d Claim submitted by Helen Ruth Wigger for bodily injury sustained purportedly due to actions of the City on or about April 8, 1988. e Claim submitted by Harold D. Briggs for property damage sustained purportedly due to actions of the City on or about August 4, 1988. f Claim submitted by Dawn L. Hopkin for bodily injury sustained purportedly due to actions of the City on or about July 27, 1988. g. Claim submitted by Steven C. Pebley for property damage sustained purportedly due to actions of the City on or about September 4, 1988. 1013 235 City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6:30 P.M. h. Claim submitted by Ben H. Shimel for property damage sustained purportedly due to actions of the City on or about September 4, 1988. i. Claim submitted by Neal Swerdlow for property damage sustained purportedly due to actions of the City on or about September 4, 1988. j. Claim submitted by Lincoln West Carwash for property damage sustained purportedly due to actions of the City on or about September 4, 1988. k. Claim Submitted by Laura Heinz for property damage sustained purportedly due to actions of the City on or about September 4, 1988. 1. Claim submitted by Karly T. Cleveland for property damage sustained purportedly due to actions of the City on or about September 3-5, 1988. m. Claim submitted by Constance Duke-Allston for property damage sustained purportedly due to actions of the City on or about September 13, 1988. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held September 15, 1988. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held September 21, 1988. A3. 175: Approving a Notice of Completion of the construction of Weir Canyon Electrical Duct Bank Extension by Mel Smith Electric, Inc., and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A4. 160: Accepting the low bid of Pirelli Cable Corporation, in an amount not to exceed $306,521.57 for 21,422 feet of 15 KV, 1000 KCMIL Cable, all in accordance with bid #4627 as publicly advertised. A5. 160: Accepting the low bid of S & C Electric Company, in the amount of $51,638.96 for sectionalizing switches, all in accordance with bid proposal #4621 as publicly advertised. 160: Accepting the low bid of Malton Equipment Company, in the amount of $47,350.20 for sectionalizin8 switches all in accordance with bid proposal #4621 as publicly advertised. A6. 160: Accepting the bid of McMahan Desk Company in the amount of $23,829.43 to supply and install a Modular Panel System at Fire Headquarters, per bid proposal #4645. A7. 123: Approving an agreement with Anthony and Langford/Architects in the amount of $16,800 for professional design and consultant services for the West Anaheim Community Center Master Planning Project. AS. 175.123: Approving the one-year extension of an agreement with Western Sys*'.rs Power Pool (WSPP), and authorizing the Public Utilities General Mar~ ~r ~o execute the approved agreements. 1014 236 City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6:30 P.M. Ag. 170/123: Approving the Final Map of Tract No. 12996 and the Subdivision Agreement with the developer, Woodcrest Development, engineering being provided by Hunsaker & Associates, Inc. Tract No. 12996 is located southerly of the existing terminus of Weir Canyon Road. (Continued from the meeting of October 25, 1988, Item AT.) This item is again continued one week as requested by staff. Al0. 153: Approving the continuance of Anaheim's pursuit for single Service Delivery Area (SDA) status under JTPA, and authorizing the Mayor to -ommunicate this position to the Governor of the State of California, and further authorizing the Mayor to execute all future documents and letters for Private Industry Council (PIC) nominations. Ail. 000/170/142; ORDINANCE NO. 4970 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.30.070 OF CHAPTER 17.30 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT FEES. End of Consent Calendar. MOTIONS CARRIED. 185: ESTABLISHMENT OF POLICY REGARDING MELLO-ROOS FINANCING FOR EAST ANAHEIM RANCH DEVELOPMENTS; Memorandum report dated October 25, 1988, was submitted by the Staff Task Force evaluating the feasibility and desirability of Mello-Roos Financing for three ranch developments in East Anaheim Hills, requesting policy and direction for such financing for revenue shortfall. Councilman Bay recalled that during the hearings on development of Sycamore Canyon, The Highlands at Anaheim Hills and The Summit of Anaheim Hills, there was a potential shortfall for construction of the infrastructure to serve the area, due to the fact that no shopping center development had been started, as projected. Since that time, some shortfall had been found involving usage of Santa Aha Canyon Road and Serrano Avenue, as well as the establishment of a police substation. He pointed out that the developers have requested a continuance of this policy discussion. Gouncilman Pickler stated that if developers of subject property saw a need for more communication with staff, they should be given that opportunity. Councilman Ehrle concurred, and moved for a 30-day continuance. Councilman Hunter seconded the motion, noting that at this time he did not have sufficient information to discuss this issue; he would like to review additional reports and information in order to determine other experience with Mello-Roos in Orange County. Councilwoman Kaywood expressed concern that this issue should be discussed today, noting the length of time spent by staff. She felt that to use Mello~Roos financing would constitute double taxation for new residents coming into the area. Councilman Bay spoke against the motion to continue. He advised that all Anaheim Hills development has had conditions which include developers picking up the cost of the infrastructure in these new areas; this has been the basic 1015 233 City Hall, Anaheim, California COUNCIL MINUTES - November 1, 1988, 6:30 P.M~ policy everywhere in the City for new developments. The revenue from the planned shopping center would have been a great help toward paying these costs, but that has not yet come about. Acceleration of the Serrano extension, and the added costs for Santa Aha Canyon Road improvements east of Imperial Highway were added into the structural costs. He is opposed to removing these costs from the developers and placing them into a tax structure over the next thirty years. He noted that his idea had been a five to seven year assessment to handle the shortfall. He is firmly opposed to placement of these infrastructure costs into the Mello-Roos financing, with tax bills for new residents being raised up to $2,000 per year or more. Responding to Councilwoman Kaywood, City Manager, Bob Simpson reported that discussions between staff and the developers had been ongoing for some time. He noted that there would have to be a scheduled public hearing in order to create a Mello-Roos District; today's Agenda item is merely a request for policy guidance. Councilman Pickler stated he had no quarrel with the financing; the key was the tax rate the City would be charging in the areas, and Mello-Roos financing was one of the alternatives he would be considering. Councilman Bay stated that 1.05% was the average City property tax rate, and the raze for the shortfall would be an additional assessment. The figures appear in the submitted staff report. The City Attorney clarified that a public hearing would be required in order to acoDt the Mello-Roos financing, and the tax rate would be established at that time. If action was taken tonight to not go forward, then no public hearing would be required. At the conclusion of further Council discussion, Councilman Ehrle restated his motion to continue discussion on the proposed financing policy and direction for four weeks (November 29, 1988, 1:30 P.M.), for additional input. Councilman Hunter seconded the motion. To this motion, Councilmembers Bay and Kaywood voted "No". MOTION CARRIED. 109/150/181; INSTITUTE OF MUSEUM SERVICES - GRANT APPLICATION; Memorandum Report dated October 31, 1988, was submitted by Christopher K. Jarvi, Director of Farks, Recreation and Gommunity Services, recommending approval of a General Operating Support Grant Application for Oak Canyon Nature Center, submitted by the Institute of Museum Services in the amount of $29,600.00. On motion by Councilwoman Kaywood, seconded by Councilman Ehrle, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, October 28, 1988, at 11:45 a.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. MOTION CARRIED. In accordance with the recommendation by the Director of Parks, Recreation and Community Services, Councilwoman Kaywood moved that the City Council approve the su-.mittal of an application for funding consideration in the amount of $29~i .i~O, under the Federal government's Institute of Museum Services, 1016 Z34 City Hall, Anaheim, California - COUNCIL MINUTES - November 1. 1988. 6:30 P,M. General Operating Support Grant Program, for Oak Canyon Nature Center and further, that the City Manager be authorized to act as their agent in all matters referred to the Museum Services Grant. Councilman Ehrle seconded the motion. MOTION UNANIMOUSLY CARRIED. ITEMS OF pUBLIC INTEREST: Mr. William Erickson, 301 East North Street, outlined a number of recommendations which he felt would streamline and expedite City Council meetings. !79; ITEMS Cl - C9 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 10, 1988 -INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 1. 1988: C1, SUPPLEMENT TO EIR NO. 281, GENERAL PLAN AMENDMENT NO. 244, SPECIFIC PLAN NO. 88-2 (INCLUDING A PUBLIC FACILITIES PLAN), SPECIFIC PLAN ZONING AND DEVELOPMENT STANDARDS, FISCAL IMPACT ANALYSIS (INFORMATIONAL ITEM) AND DEVELOPMENT AGREEMENT NO. 88-03 (AMENDMENT NO. 1): OWNER: THE BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, ATTN: DIANA HOARD, 16811 Hale Avenue, Irvtne, CA 92714 LOCATION: Subject property is approximately 591 acres and is located approximately 1,1 miles southeast of Weir Canyon Road and the Riverside Freeway intersection, and is bounded on the north by Sycamore Canyon Specific Plan development, on the west by The Highlands at Anaheim Hills Specific Plan development, and on the south and east by Irvine Company property, and further d~cribed as The Summit of Anaheim Hills Planned Community (PC)(SC). Petitioner requests adoption of a Specific Plan (including Zoning and Development Standards and a Public Facilities Plan), a General Plan Amendment (to consider an amendment to the Land Use Element of the General Plan with proposals including but not limited to Hillside Low Density Residential, Hillside Low-Medium Density Residential, Hillside Medium Density Residential, General Commercial, General Open Space), and a request for a recommendation to the City Council for approval of an amended and restated Development Agreement (Development Agreement No. 88-03, Amendment No. 1) between The Baldwin Company and the City of Anaheim for the'proposed "The Summit of Anaheim Hills" project to provide for the development of up to 2117 residential units, 5 acres of commercial uses, a 10 acre elementary school site, a 12 acre park site, and 169 acres of open space. Supplement to EIR NO. 281 - Approval Recommended by the Planning Commission. GPA NO. 244 - Approval Recommended by the Planning Commission, PC88-281. Specific Plan No. 88-2 Approval Recommended by the Planning Commission, PC88-282. Specific Plan Zoning and Development Standards - Recommended by the Planning Commission, PC88-283. Development Agreement No. 88-03, Amendment No. 1 - Approval Recommended by the Planning Commission, PC88-284. 1017 231 City Hall. Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6:30 P.M. NOTE: This item set for public hearing this date. C2. RECLASSIFICATION NO, 88-89-12, VARIANCE NO, 3849, TENTATIVE TRACT NO. 10977 AND NEGATIVE DECLARATION: OWNER: SO PAC PROPERTIES, INC., ATTN: JOHN W. JAMESON, 4685 Mac Arthur Ct., Ste. 450, Newport Beach, CA 92660 AGENT: ELFEND AND ASSOCIATES, INC., ATTN: JIM HUNTER, 4675 MacArthur Ct., Ste. 660, Newport Beach, GA 92660 LOCATION: Property is approx, 95,0 acres on the north and southeast sides of Queens Drive approx, 750 feet southwest of the centerline of Hackamore Lane and further described as Tentative Tract Nos, 10976 and 10977 For a change in zone from RS-A-43,000(SC) to RM-3000(SC) AND OS(SC), and to establish a 26-1ot tract and construct 24 attached single-family residences with waivers of (a) minimum lot width and (b) minimum structural setback. Reclassification No. 88-89-12 GRANTED by the Planning Commission, PC88-285. Variance No. 3849 GRANTED by the Planning Commission, PC88-286. Approved Negative Declaration. C3. VARIANCE NO. 3848 AND NEGATIVE DECLARATION; OWNERS: GARY MASCIEL AND YOLANDA MASCIEL, 200 N. Harbor Blvd., Anaheim, CA LOCATION: 621 E. Avon Place Request: To waive (a) required screening of parking areas and (b) required improvement of front setback area to construct a 4 unit apartment complex. Variance No. 3848 GRANTED by the Planning Commission, PC88-287. Approved Negative Declaration. C4. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3070 AND NEGATIVE DECLARATION: OWNERS: CRESCENT ASSOCIATES AND MILTON GOTTLIEB, C/O BOB CARR, L. A. CELLULAR TEL. CO., 6045 SLAUSON Avenue, Commerce, CA 90040 AGENT: JEROME BUGKMELTER ASSOCIATES, 23534 Aetna Street, Woodland Hills, GA 91364 ~OCATION: 301 Nv Crescent Way Request: To permit a cellular phone transmission station with waiver of maximum structural height of microwave tower. CUP NO. 3070 GRANTED by the Planning Commission, PC88-287. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. C5. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3071 AND NEGATIVE DECLARATION - WAIVER OF COUNCIL POLICY NO. 543' OWNER: DONALD LEROY LYNCH, Attn: Dwyer J. Beesley, 300 N. Tustin Avenue, #201, Santa Ana, CA 92705 ~GENT: DWYER J. BEESLEY, 300 N. Tustin Avenue, #201, Santa Ana, CA ~2705 1018 232 City Hall, Anaheim, California COUNCIL MINUTES November 1, 1988, 6:30 P.M. LOCATION: 121 N. Kathryn Drive Request: To construct a 2-story, ll-unit "affordable" senior citizen's apartment complex with waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height and (c) maximum lot coverage. CUP NO. 3071 GRANTED by the Planning Commission, PC88-289. Waiver of Code Requirement GRANTED by the Planning Commission. Waiver of Council Policy No. 543 APPROVED by the Planning Commission. Approved Negative Declaration. C6 CONDITIONAL USE PERMIT NO. 3072 AND NEGATIVE DECLARATION: OWNER: KALYANJI KOFVERJI MOTA AND JYOTI K. MOTA, 2912 W. Lincoln Avenue, Anaheim, CA AGENT: JOHN E. SWINT, 707 W. North Street, Anaheim, CA 92805 LOCATION; 2912 W. Lincoln Avenue (Stage Stop Motor) Request: To permit a 13 room addition to an existing 32 room motel. CUP NO. 3072 GRANTED by the Planning Commission, PC88-290. Approved Negative Declaration. C7. CONDITIONAL USE PERMIT NO. 3073, CATEGORICALLY EXEMPT, CLASS 3: OWNERS: OSWALDO VASQUEZ AND ANA B. VASQUEZ, 1134 Lomita Place, Anaheim, CA 92801 AGENT: DAVID PETERS, 610 West Broadway, #111, Anaheim, CA 92805 LOCATION: 1134 W, Lomita Place Request: To permit a 640 square foot "granny unit". CUP NO. 3073 GRANTED by the Planning Commission, PC88-291. A review of the Planning Commission's decision was requested by Council Members Kaywood and Pickler and, therefore, a public hearing will be scheduled at a later date. C8. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3074 AND NEGATIVE DECLARATION: OWNER: ANAHEIM HILLS PROMENADE PARTNERSHIP, ATTN: DAVID E. SIGMOND, 22 Starlight, Irvine, CA 92715 AGENT: JUDY P. REYNOLDS, 6511 E. Serrano Avenue, Anaheim, CA 92807 LOCATION: 6511 E. Serrano Avenue, (Aqua Duks Swim School and Physical Fitness Center) Request: To permit physical therapy (massage) in an existing aerobics studio with waiver of permitted location. CUP NO. 3074 GRANTED by the Planning Commission, PC88-292. Waiver of the Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: C9. REQUEST FOR WAIVER OF COUNCIL POLICY NO. 542 - SOUND ATTENUATION: Petitioner requests waiver of Council Policy No. 542 pertaining to Sound Attenuation. Property is located at 1235 N. Gilbert Street. 1019 City Hall, Anaheim, California COUNCIL MINUTES - November 1, 1988, 6:30 P.M. Request to waive Council Policy No. 542 DENIED by the Planning Commission. This item was appealed by the petitioner and, therefore, will be placed on a subsequent agenda for Council action. 170: ITEM CIO FROM THE PLANNING COMMISSION MEETING OF OCTOBER 24, 1988 INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 3, 198~ Ci0, TENTATIVE TRACT NO, 13744 AND NEGATIVE DECLARATION: OWNER: JOHNNIE J. TUREK AND SHURLA B. TUREK and RUDOLPH L. DOLEZAL AND JUN C. DOLEZAL, 1234 S. Western, Anaheim, CA 92804 AGENT: ANDREW HOMES, INC., 4400 MacArthur Blvd., Ste. 900, Newport Beach, CA 92660 LOCATION; 1226 and 1234 South Western Avenue Petitioner requests approval of Tentative Tract Map No. 13744 to establish a l-lot, 18-unit, RM-3000 (Residential, Multiple Family) Zone air space condominium subdivision. Tentative Tract No. 13744 APPROVED by the Planning Commission. End of the Planning Commission Items. MOTIONS CARRIED. WAIVER OF READING ORDINANCE: The title of the following ordinance was read by the Assistant City Clerk. (Ordinance No. 4969) Councilman Bay moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 179/142; ORDINANCE NO 4969 (ADOPTION): Amending Section 18.41.050 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code relating to the zoning of theatres, excluding drive-ins. Councilman Pickler offered Ordinance No. 4969 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4969: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.41.050 OF CHAPTER 18.41 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Gall Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4969 duly passed and adopted. 155: ITEM C12 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 24, 1988 - INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 3, 1988: 1020 230 City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6:30 P.M. C12; ENVIRONMENTAL IMPACT REPORT NO. 283 (PREV. CERT.): Sycamore Canyon Specific Plan (SP88-1) final site plan review for previously-approved residential single-family. Vesting Tentative Tract Map Nos. 12988, 12989, 13154 and 13155. EIR No. 283 APPROVED by the Planning Commission. 119; LETTER OF THANKS - HALLOWEEN PARADE: Councilwoman Kaywood asked that a Letter be sent from City Council to Arlene Taormina-Ready and Bill Taormina expressing appreciation for their outstanding work on this year's Halloween Festival and Parade. Council Members commended all those involved noting the success of the annual Anaheim event. RECESS; Councilman Bay moved to recess to the public hearing portion of the Council agenda at 8:00 p.m. Councilman Ehrle seconded the motion. MOTION CARRIED. (7:39 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (8:11 p.m.) 130: CONTINUED PUBLIC HEARING - ML MEDIA PARTNERS, L.P. (MULTIVISION CABLE TV) - CABLE TELEVISION FRANCHISE: Finding that the City Manager's imposition of sanctions regarding M.L. Media Partenrs, L.P. (MulttVision Cable Television) telephone accessibility performance was warranted and determining that no sanctions be imposed due to compliance with franchise standards. This matter was continued from the meeting of August 30, 1988, to this date. Councilman Bay noted that the public input relating to this issue had been received at the August 30th meeting and the hearing closed; he thereupon moved that the City Council find the imposition of sanctions against ML Media Partners, L.P. (MultiVision Cable Television) telephone accessibility performance by the City Manager was warranted, due to the deterioration of telephone service, and that the City Council determine that no further sanctions be imposed, as recommended in the Staff Report dated October 26, 1988, by the Intergovernmental Relations Officer; however, if the telephone service again deteriorates to a point where that first action to sanction must be taken, ML Media Partners be billed for the cost of staff services to go through the resulting investigation. It was suggested by the City Attorney that the last portion of the motion pertaining to billing for staff costs be deleted, since any further proceedings involving the cable television service company would be based on the evidence to be presented at a subsequent hearing. Councilman Bay indicated his willingness to withdraw that portion of his motion. Intergovernmental Relations Officer, Kristine Thalman reported that ML Media Partners telephone statistics had substantially improved to the point of meeting time limit goals for response 100% of the time for the period of 1021 227 City Hall, Anaheim, California - COUNCIL MINUTES November 1, 1988, 6:30 P.M. August 30, 1988 to the present time. Staff met with their President last week and resolved several outstanding issues, such as necessary street repairs, pending complaints and programming. Councilman Bay restated his motion, that the City Council find the imposition of sanctions against ML Media Partners, L.P., by the City Manager was warranted because of the deterioration of their telephone service, and that no further sanctions be imposed, as recommended in staff report dated October 26, 1988. Councilman Hunter seconded the motion. MOTION CARRIED. 170; PUBLIC HEARING - TENTATIVE PARCEL MAP NO, 88-335; APPLICANT: DEVELOPER: Trider Corporation 12 Corporate Plaza, Newport Beach, CA 92660 LOCATION; Northwest corner of Anaheim Hills and Nohl Ranch Roads, The developer, Trider Corporation, is subdividing his development into three parcels where Parcel 1, the southern parcel, consists of 6.97 acres for apartments for senior citizens; Parcel 2, the middle parcel, consists of 4.62 acres for tennis courts; and Parcel 3, the northern parcel, consists of 7.72 acres remaining as open space. Under CUP 2809, the City Council on August 12, 1986, upheld the decision of the Planning Commission. The developer was granted the right to develop Parcel 1 as a senior citizen apartment complex. As a condition of approval of CUP 2809, an amendment to the City of Anaheim's General Plan was required to redestgnate proposed parcels 2 and 3 to Open Space. Resolution No. 86R-489 covering the above action was passed and adopted by the City Council on October 28, 1986. HEARING SET ON: The decision of the City Engineer approving Tentative Parcel Map. No. 88-335 was appealed by various residents in the area which was discussed at the meeting of October 11, 1988. At that time, the Council set the matter for a public hearing, scheduled October 25, 1988. On October 25, 1988, formal request for continuance of the hearing was submitted by the developer to allow legal Counsel to be present. After receiving considerable input from citizens present at that meeting, public hearing was continued to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 14, 1988. Posting of property October 14, 1988. Mailing to property owners within 300 feet - October 14, 1988. PUBLIC WORKS ENGINEERING STAFF INPUT: See Staff Reports dated October 3 and October 18, 1988. APPLICANT'S STATEMLNT: Alan Trider, representing Trider Corporation, Newport Beach, California: As developers, they had submitted a parcel map which they felt met City legal requirements. Parcel 1 was being developed as a 117 senior apartment complex; Parcel 2 was 1022 228 City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6;30 P.M. designated Open Space on the General Plan for tennis courts, and Parcel 3 had been shown as Open Space, on the condition that the horse trails on both parcels remain as a consideration. No homeowners' association is being formed and it was the opinion of the developer that horse trails were not applicable for this particular location due to the cost of maintenance. The developers would like to retain the Open Space designation for Parcel 2 to remain as a tennis club; however that zoning would not allow for any type of housing for a security guard. In response to question by Councilwoman Kaywood, Mr. Trider pointed out that use of the horse trails would require riders to cross too many streets; further, the location of the trails would require an awkward layout. STAFF INPUT: Director of Public Works/City Engineer Gary Johnson pointed out that the riding trail was shown as a component of the City's General Plan, and was included as a condition of Tentative Parcel Map 88-335. A ten-foot trail and easement was to be dedicated as a covenant against the property to maintain and repair the trail. Condition No. 2 on the tentative map was standard for Anaheim Hills developments and if this was not covered by a homeowners' association the City would establish a means to accomplish that with the help of legal counsel. City Attorney Jack White explained that if Parcel 2 were created under existing zoning, uses would be allowable that would not be consistent with the Open Space designation under the General Plan. The tennis club use was permissible under the Open Space zoning designation. Responding to question by Councilman Hunter, the City Attorney acknowledged that there was no way to prohibit a subsequent owner's making a request for a different zone classification to allow another use. If a covenant were required on Parcels 2 and 3 to retain them as open space, in accordance with the existing use on Parcel 2, that would remain in effect until the City acted to change it, and the owner of Parcel 2 would have to make such a request. FINAL STATEMENT BY APPLICANT: Mr. Trider stated that the developers did not want to restrict their property by placing a covenant against it. COUNCIL ACTION: Mayor B~y closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by ~uncilman Bay, seconded by Councilman Pickler, the City Council approved ~' ~gative declaration upon finding that it has considered the negative deci~ :ion together with any comments received during the public review proc~s, and 1023 225 City Hall. Anaheim, California COUNCIL MINUTES - November 1, 1988, 6;30 P.M. 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. MOTION; Councilman Bay moved that Tentative Parcel Map No. 88-335 be denied, based on the following findings: 1. Proposed Parcels 2 and 3 consisting of approximately 12.34 acres are designated as "Open Space" on the General Plan. Such designation was approved by the City with the concurrence of the property owner in connection with the approval of Conditional Use Permit No. 2809 to allow a llS-unit three-story senior citizens' apartment project on the southerly 5.3 acres of the property. 2. The purpose of the "Open Space" designation in the General Plan is to specify areas which should remain open for (1) the preservation of natural resources; (2) the managed production of resources including food and fiber; (3) outdoor recreation and the engagement of scenic beauty; and (4) the public's health, safety and welfare. 3. The underlying zoning on the property is RS-A-43,000(SC) which would permit construction of a single-family residence on each proposed additional parcel if the subdivision is approved. 4. Such development or improvements would not be compatible with the objectives, policies, general land uses and programs specified in the General Plan for property designated as Open Space. Councilman Pickler seconded the motion. MOTION UNANIMOUSLY CARRIED. 155/134/179/185: PUBLIC HEARING - SUPPLEMENT TO EIR NO, 281, GENERAL PLAN AMENDMENT NO. 244, SPECIFIC PLAN NO, 88-2 (INCLUDING A PUBLIC FACILITIES PLAN). SPECIFIC PLAN ZONING AND DEVELOPMENT STANDARDS, FISCAL IMPACT ANALYSIS (INFORMATIONAL ITEM) AND DEVELOPMENT AGREEMENT NO, 88-03 (AMENDMENT NO. 1): APPLICANT: OWNER: Th~ Baldwin Building Company, A C~neral Partnership Attn: Diana Hoard 16811 Hale Avenue, Irvine, CA 92714 LOCATION; Subject property is approximately 591 acres and is located approximately 1.1 miles southeast of Weir Canyon Road and the Riverside Freeway intersection, and is bounded on the north by Sycamore Canyon Specific Plan development, on the west by The Highlands at Anaheim Hills Specific Plan development, and on the south and east by Irvine Company property, and further descrtbe~ as The Summit of Anaheim Hills Planned Community (PC)(SC). Petit] Deve' (to requests adoption of a Specific Plan (including Zoning and Standards and a Public Facilities Plan), a General Plan Amendment ider an amendment to the Land Use Element of the General Plan with 1024 226 City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6:30 P.M. proposals including but not limited to Hillside Low Density Residential, Hillside Low-Medium Density Residential, Hillside Medium Density Residential, General Commercial, General Open Space), and a request for a recommendation to the City Council for approval of an amended and restated Development Agreement (Development Agreement No. 88-03, Amendment No. 1) between The Baldwin Company and the City of Anaheim for the proposed "The S,,mmit of Anaheim Hills" project to provide for the development of up to 2117 residential units, 5 acres of commercial uses, a 10 acre elementary school site, a 12 acre park site, and 169 acres of open space. PLANNING COMMISSION ACTION: Supplement to Environmental Impact Report No. 281 approval recommended by the Planning Commission; General Plan Amendment No. 244 - approval recommended by the Planning Commission under Resolution No. PC88-281; Specific Plan No. 88-2 - approval recommended by the Planning Commission under Resolution No. PC88-282; Specific Plan Zoning and Development Standards - recommended by the Planning Commission under Resolution No. PC88-283; Development Agreement No. 88-03, Amendment No. 1 approval recommended by the Planning Commission under Resolution No. PC88-284. HEARING SET ON: The Baldwin Building Company, owners of subject property, request for a public hearing before the City Council. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 20, 1988. Posting of property October 21, 1988. Mailing to property owners within 300 feet - October 21, 1988. APPLICANT'S STATEMENT: Diana Hoard, 16811 Hale Avenue, Irvine, California 92714, representing the owner, narrated a brief slide presentation and advised that plans presented for The Summit of Anaheim Hills Planned Community now conformed more closely to the topography in the area, and would create oak woodlands. The Development Agreement had been amended and re-stated, resulting in 2,117 units at the present time. The original projected number of units would still be honored in developer fees, which had included the widening of Santa Ana Canyon Road. STAFF INPUT: Planning Director, Joel Fick reported that a fiscal report had been submitted for informational purposes by staff, and meetings had been held with the developers. In this type of project, experience often reflected costs that exceeded revenues; however when full build-out was achieved, revenues would exceed costs. The impact of the reduction of unit numbers was difficult to project over an estimated twenty years, however the negative impact was being addressed. PUBLIC DISCUSSION- IN OPPOSITION: None. 1025 223 City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6:30 P.M. PUBLIC DISCUSSION- IN FAVOR: Bryan Crow, Pastor of the Garden Church, 113 Orange Hill Lane, Anaheim, advised that the church shared a 500 to 600 foot common border with subject property, as well as a common concern regarding the stability of that area, the proposed drainage of slopes in that area, and the height elevation of the houses that back up to the garden. The church conducted some outdoor worship activities, which might be a consideration when the developers are planning homes at the top of the slope. FINAL SUI~TION BY APPLICANT: Ms. Hoard stated that the reduction of units enabled the developers to utilize more detached dwelling units on the easterly portion of the property where attached units were previously projected. In turn, this offset some of the revenue loss, since the 5,000-6,000 square-foot detached homes would sell for higher prices than town homes. Ms. Hoard indicated that she understood the concerns expressed by Pastor Crow, and advised that the developer had now received additional geological and soil information which was allowing them to do a better-informed redesign of the project. It was their intent to continue working with Pastor Crow in an effort to mitigate any problems. COUNCIL ACTION: Mayor Bay closed the public hearing. SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT NO, 281; Councilwoman Kaywood moved to approve Supplement to Environmental Impact Report No. 281 which addresses the environmental impacts associated with General Plan Amendment No. 244, Specific Plan no. 88-2, and Development Agreement No. 88-03 (Amendment No. 1) as recommended by the City Planning Commission. Councilman Pickler seconded the motion. MOTION CARRIED. Paul Singer, Traffic Engineer. He recommended a wording change to Condition No. 27 of Planning Commission Resolution No. PC88-282 dealing with capacity of the intersection of Weir Canyon and Santa Ana Canyon Road which does restrict some of the development prior to construction of the Eastern Transportation Corridor. The recommended wording is to the effec~ that the vesting tentative maps that have been approved will be excluded from consideration; Ms. Hoard agreed. Planning Director, Joel Fick recommended and suggested that the final resolution include the findings and recommendations of the Planning Commission. This inclusion would clarify several issues in the resolution. WAIVER OF READING - RESOLUTIONS: read by the Assistant City Clerk. 88R-396) The titles of the following resolutions were (Resolution Nos. 88R-394, 88R-395 and 1026 224 City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1988, 6;30 P.M. Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Bay seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-394 for adoption, approving General Plan Amendment No. 244; Resolution No. 88R-395 for adoption, approving Specific Plan No. 88-2 with the addition to Condition No. 27 as articulated by the Traffic Engineer; Resolution No. 88R-396 for adoption, approving Specific Plan Zoning and Development Standards all as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO, 88R-394; 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 AMENDMENT NO. 244, EXHIBIT "A." RESOLUTION NO, 88R-395: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING SPECIFIC PLAN NO. 88-2, EXHIBIT A, (INCLUDING A PUBLIC FACILITIES PLAN SECTION) FOR THE SUMMIT OF ANAHEIM HILLS. SPECIFIC PLAN NO. 88-2 RESOLUTION NO. 88R-396: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ZONING AND DEVELOPMENT STANDARDS RELATING TO SPECIFIC PLAN 88-2 FOR THE SUMMIT OF ANAHEIM HILLS. Roll Call Vote on Resolution Nos. 88R-394 through 88R-396: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-394 through 88R-396, both inclusive, duly passed and adopted. Councilwoman Kaywood offered Ordinance No. 4971 for introduction. ORDINANCE NO, 4971: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIM AND BALDWIN BUIADING COMPANY, (ii) FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND GITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. MOTION; On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the City Attorney was instructed to prepare two ordinances adopting zoning and development standards for subject property, creatiD§ zoning, and rezontng subject property. MOTION CARRIED. 179: PUBLIC HEARING - RECLASSIFICATION NO. 88-89-11 AND NEGATIVE >ECLARATION: INITIATED BY: Planning Commission, City of Anaheim 200 S. Anaheim Blvd., Anaheim, CA 92804 1027 221 City Hall, Anaheim, California COUNCIL MINUTES - November 1, 1988, 6;30 P.M. REQUEST/LOCATION: For a change in zone from RM-1200, RM-2400 and PD-C to PD-C/RM-2400. The subject properties consist of certain lots flanking those commercial lots fronting on North Anaheim Boulevard between La Palma Avenue and Cypress Street and further described as follows: (a) 31 lots on east side of Zeyn Street, beginning 2 lots south of La Palma Avenue and extending to Wilhelmina Street (currently zoned RM-2400). (b) 2 lots on south side of Sycamore Street just easterly of intersection of Zeyn Street and 1 lot immediately south of the 2 lots, which fronts in Adele Street (currently zoned PD-C). (c) 4 lots on north side of Cypress Street located between 2 alleys between Anaheim Boulevard and Lemon Street (currently zoned PD-C). (d) 8 lots on west side of Claudina Street, beginning 1 lot south of La Palma Avenue and extending to a public alley plus 1 lot facing Mills Drive, which is 1 lot west of the intersection of Claudina Street (currently zoned RM-2400). (e) 1 lot on south side of Mills Drive, immediately east of the lot facing Anaheim Boulevard (currently zoned RM-2400). (f) 15 lots on west side of Claudina Street between North Street and Wilhelmina Street (northerly 12 lots currently zoned RM-2400 and southerly 3 lots currently zoned PD-C). (g) 6 lots having frontage on alley easterly of Anaheim Boulevard between Wilhelmina Street and Sycamore Street (currently zoned RM-2400). (h) 8 lots located between the southwest corner of Adele Street and Emily Street and the northwest corner of Cypress Street and Emily Street (currently zoned PD-C). PLANNING COMMISSION ACTION: Resolution No. PC88-275 denied Reclassification No. 88-89-11; approved Negative Declaration. HEARING SET ON: A Review of the Planning Commission's decision was requested by Councilman Bay and Councilman Pickler at the meeting of October 11, 1988 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 20, 1988. Posting of property October 21, 1988. Mailing to property owners within 300 feet October 21, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 26, 1988. Councilman Bay stated that his motion to review this reclassification and negative declaration was not an attempt to overrule action taken by the Planning Commission. Some time ago, the City Council voted to down-zone RM2400 areas east of Anaheim Boulevard; there were two remaining parcels zoned PD-C/RM-1200 within the area under consideration, and he wanted an opportunity to make a recommendation that these two areas be reclassified to PD-C RM-2400, in order to make the planned zoning consistent with the area. PUBLIC DISCUSSION/CONCERNS: Keith Olesen, 332 N. Philadelphia Street. Those present at the hearing fully supported the action taken by the City Planning Commission, to study and rezone those properties not being utilized for parking purposes. The Commission stated that they did not want to rezone properties to 1028 222 City Hall, Anaheim, California - COUNCIL MINUTES November 1, 1988, 6;30 P,M. PD-C/RM-2400, but they directed staff to study the possibility of carrying forward those PD-C properties with RM-1200 to RM-2400, without the PD-C designation. Area residents want to retain those lots are not being used for parking as residential. Although the intent was more consistent zoning, there was no mention in the reports regarding the elimination of the PD-C Zone; and he felt there were other alternatives for solving the problems. Parking lots should be located on Anaheim Boulevard and not in the residential areas. Sally Horton, 226 N. Claudina Street, Anaheim. Requested clarification of the proposed changes and the zones discussed, voicing her opposition and the area's main concern that no additional residences get turned into PD-C/RM-2400 zoning. William H. Koon, 821 N. Lemon Street, Anaheim. Stated that it was his contention that the existing Anaheim Boulevard parking was under-utilized; during a walk through the six-block area on September 19th at approximately 1:00 p.m., he found 198 available parking spaces with only 95 being used, many of which were occupied by debris, garbage and inoperable vehicles. William Taormina, P.O. Box 309, Anaheim 92805. Owner of several properties on North Anaheim Boulevard. A number of businesses on the boulevard were combining into a cottage-type industry, as opposed to strip commercial. Architectural plans were currently in the blueprint stage, and it was anticipated to create and maintain a space buffer between the commercial and the residential uses. Parking along the store fronts ultimately would be omitted for additional traffic lanes, and in the future a request would be submitted for abandonment of some residential streets to effect a private community. John Heberling, 726 N. Zeyn Street, Anaheim. Questioned the topic under discussion; Councilman Bay explained that the Planning Commission had denied all proposed changes, and the only change to that action being proposed today was that the two PD-C/RM-1200 parcels be reclassified to PD-C/RM-2400. STAFF INPUT: Planning Director Joel Fick advised that the advertising for the Public Hearing was worded in such a way that PD-C/RM-2400 was the only action the Council could take, if they wanted to move in that direction. Additional study by staff on the remaining lots was in progress, and if the Council directed, a separately advertised public hearing could be held to further reduce the zoning designations. PD-C/RM-2400 was the least intense designation, compared to the existing zoning. COUNCIL ACTION: Mayor Bay closed the public hearing. 1029 219 City Hall, Anaheim, California COUNCIL MINUTES - November 1, 1988, 6:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Bay, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 88R-397) 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-397 for adoption, sustaining the City Planning Commission's denial except for the 2 parcels zoned PD-C/RM-1200 (E/O Anaheim Boulevard) now to be zoned PD-C/RM-2400 - see Exhibit Map "A". Refer to Resolution Book. RESOLUTION NO, 88R-397; 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. 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-397 duly passed and adopted. ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Hunter seconded the motion. MOTION CARRIED. (9:21 p.m.) ANN M. SAUVAGEAU, rANT CITY CLERK 1030