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1987/03/241.55: City Hall~ Anaheim, California - COUNCIL ~tlNUT~S -March 24~ 1987~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: VACANCY: PRESENT: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William O. Talley CITY ATTOKNEY: Jack White CITY CL~RK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti ASSOCIATE PLANNER: Greg Hastings CODE ENFORCEMENT SUPERVISOR: John Poole SGT. VICE-DETAIL: Steve Rodig A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on March 20, 1987 at the Civic Center front lobby window, containing all items as shown herein. Mayor Bay called the regular meeting of the Anaheim City Council to order at 12:12 p.m.) REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. 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. 40-92-46.2. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. (12:12 p.m.) A~TERRECESS: The Mayor called the meeting to order, all Council Members bein§ present. One Vacancy. (1:49 p.m.) INVOCATION: Reverend Don Dexter, 1st Presbyterian Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such 225 156 City Hall~ A--helm, California - COUNCIL MINUTES -March 24~ 1987~ 1:30 P.M. ordinances or resolutions in regular order. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,755,790.38, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 87R-91 through 87R-98, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Robert E. Greenwood for property damage sustained purportedly due to actions of the City on or about December 30, 1986. b. Claim submitted by Robert Deberadinis for bodily injury sustained purportedly due to actions of the City on or about December 10, 1986. c. Claim submitted by Dolores & Robbie Romero for bodily injury sustained purportedly due to actions of the City on or about December 2, 1986. 2A. Receiving and filing the following correspondence: (on file) a. 105: Park and Recreation Commission, Minutes of January 28, 1987. b. 105: Senior Citizens Commission, Minutes of February 12, 1987. c. 105: Project Area Committee Project Alpha, Minutes of February 24, 1987. d. 107: Planning Department, Building Division Report for the month of February 1987. e. 105: Golf Course Advisory Commission Minutes - meeting of November 20, 1986. 2B. Approving the following applications in accordance with the recommendations of the Chief of Police: a. 108: Pool Room Permit submitted by Charles Martin Korleski, for the Wolf's Den, 927 North Anaheim Boulevard for 4 pool tables. b. 108: Public Dance Permit, submitted by Jesus M. Frias, for the Empresa Frias to hold a dance at the Anaheim Convention Center, April 4, 1987, from 6:00 p.m. to 1:00 a.m. 226 .153 City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24~ 1987~ 1:30 3. 179: Granting one-year extensions of time for Conditional Use Permit Nos. 2726 and 2727 and Reclassification No. 85-86-15, proposed change in zone to RM-1200 to construct a 134 unit senior citizens affordable apartment complex and a 99-bed skilled nursing facility on property located at 891 South Walnut Street (Walnut Manor), to expire February 18, 1988. 4. 123: Extending an agreement with BSI Consultants, Inc. for ninety days for traffic control device inventory. 5. 175/123: Authorizing the Public Utilities General Manager to execute the California-Oregon Transmission Project Agreement with the cities of Azusa, Banning, Colton, Riverside and Vernon. 6. 123: Authorizing an agreement with Richard Morris, dba Tri County Officials in an amount not to exceed $60,000 to provide athletic officials service for the adult softball program for the term March 1, 1987 to February 28, 1990. 7. 160: Accepting the bid of Woody Chevrolet in the amount of 5159,747.77 for thirteen 1-ton cab/chassis, in accordance with Bid No. A-4384. 8. 160: Accepting the bid of Woody Chevrolet in the amount of $48,354.32 for five pickup trucks, in accordance with Bid No. A-4385. 9. 169: RESOLUTION NO. 87R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SULLY-MILT,RR CONTRACTING COMPANY) (Awarding a contract to the lowest and best responsible bidder, Sully-Miller Contracting Company, in the amount of 540,170, for Gilbert Street Street Improvement, w/s 800 feet n/o to 200 feet n/o Lincoln Avenue, Account Nos. 17-792-6325-E2320, 51-484-6993-00710 and 52-606-6329-07514) 10. 169: RESOLUTION NO. 87R-92: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (MC GREW CONSTRUCTION COMPANY, INC.) (Awarding a contract to the lowest and best responsible bidder, McGrew Construction Company, Inc., in the amount of $249,470.73 for the Orange Avenue Street Improvement, Beach Boulevard to Western Avenue, Account Nos. 51-484-6993-00710 and 15-793-6325-E3080) 11. 169/109: RESOLUTION NO. 87R-93: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESCRIBING STATUS OF THE LINCOLN AVENUE 1LEALIGNMENT, PHASE II, GRADE SEPARATION PROJECT AND AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING WITH THE DIRECTOR OF TRANSPORTATION, STATE OF CALIFORNIA. 12. 153: RESOLUTION NO. 87R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED MARCH 16, 1987, BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASSOCIATION, LOCAL NO. 2899. (Approving a Letter of Understanding dated March 16, 1987, with the Anaheim Fire Fighters Association, Local No. 2899, amending the Memorandum of Understanding to include an agreement reached on Hazardous Materials Program) 227 '154 City Hall~ Auaheim~ California - C0UNClLMINUTES - March 24~ 1987~ 1:30 P.M. 13. 153: RESOLUTION NO. 87R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED MARCH 12, 1987, BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASSOCIATION, LOCAL NO. 2899. (Approving a Letter of Understanding dated March 12, 1987 with the Anaheim Fireftghters Association, Local No. 2899, to delete the Fire Inspector Job Classifications) 14. 153: RESOLUTION NO. 87R-96: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED MARCH 12, 1987, BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASS0CIATION, LOCAL NO. 2899. (Approving a Letter of Understanding dated March 12, 1987 with the Anaheim Firefighters Association, Local No. 2899 to include an agreement reached on the Joint Committee on medical programs) 15. 153: RESOLUTION NO. 87R-97: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED MARCH 12, 1987, BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASSOCIATION, LOCAL NO. 2899. (Approving a Letter of Understanding dated March 12, 1987, with the Anaheim Firefighters Association, Local No. 2899, to include an agreement reached on amending City contribution to the insurance plans) 16. 158: RESOLUTION NO. 87R-98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Roll Call Vote on Resolution Nos. 87R-91 through 87R-98: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBE~S: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-91 through 87R-98, both inclusive, duly passed and adopted. 106: RESOURCE ALLOCATION PLAN GOALS AND OBJECTIVES, FISCAL YEARS 1987/88 AND 1988/89: City Manager William O. Talley requested consideration and direction from the City Council to staff relative to Resource Allocation Plan Goals and Objectives proposed for Fiscal Years 1987/88 and 1988/89, including the establishment of City Council/staff work sessions. Mayor Bay stated he was not yet prepared to comment as he had not had sufficient time for thorough study of the complete document as presented. He cited the difficulty in approving goals and objectives without cost figures. At the conclusion of brief discussion, Mr. Talley advised that he would meet with staff preparatory to agendizing this matter again next week (March 31, 1987). By general consent, the consideration of proposed Program Goals and Objectives for Fiscal Years 1987/88 and 1988/89 was continued one week to March 31, 1987. 228 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. 153: 1986 MANAGEMENT BENCHMARK SALARY SUKVEY: City Manager William O. Talley requested City Council concurrence with the process utilized for the current' 1986 Benchmark Survey of Management Classifications. Background material explaining how the 1986 survey was accomplished had been submitted for information, and it was noted that the Human Resources Department staff was in the process of conducting the Management Benchmark Salary Survey for the Fiscal Year 1986/87 time frame. Mr. Talley pointed out that the Blue Ribbon Committee had recommended that this survey be done every year, however City staff felt every three-to-five years would be more efficient. He requested any further direction the City Council might care to give. Mayor Bay stated that he did not agree with the method used to prepare the survey, however he would like to see the updated figures. He indicated that for the 1986 survey, Anaheim was compared to some much larger cities, some of which seemed to have quite different forms of government; he was of the opinion that a better method could be found. Councilman Hunter stated that Anaheim is a "cut above' most cities, and City employees should be compensated for their work accordingly. His only concerns with the Sibson Report were the recommended "Pay for Performance" and "Management By Objectives", and he wondered how many of the "Benchmark Cities" used these policies and how they arrived at them. At the conclusion of the discussion, by general consent, consideration of the process used for the 1986 Management Benchmark Salary Survey was continued one week to March 31, 1987. 146: APPOINTMENT - SANTA ANA RIVER FLOOD PROTECTION AGENCY: In accordance with request by Councilman Pickler, appointment to the Santa Ana River Flood Protection Agency was continued three weeks to April 14, 1987, by general consent. 105: ANAHEIM YOUTH COMMISSION APPOINTMENTS: On report and recommendation by the Anaheim Youth Commission Chairman, Nathan Wiedenman, the term of Youth Commissioner Ellen Liu (expiring December 31, 1987) was terminated and Joan Chang was appointed to fill the unexpired term on motion by Councilman Pickler, seconded by Councilman Bay. MOTION CARRIED. The term of First Alternate Sun K. F, tm (expiring December 31, 1988) was terminated and Marlene Bond was appointed to fill that unexpired term on motion by Councilman Pickler, seconded by Councilman Bay. MOTION CARRIED. To fill the unexpired term of Second Alternate Joan Chang, Councilman Bay nominated Kurt Tiedtke. Nominations were closed. On motion by Councilman Bay, seconded by Councilman Pickler, nominations were closed for Second Alternate Commissioner. MOTION CARRIED. 229 City Hall, A-~heim~ Cal~fornia - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. Roll Call Vote for Kurt Tiedtke: AYES: COUNCILMEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter and Bay Kaywood None One Councilwoman Kaywood moved a unanimous vote for Kurt Tiedtke. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED UNANIMOUSLY. To fill the unexpired term of Third Alternate Marlene Bond, Councilwoman Kaywood nominated Kirk Hoiberg. There being no further nominations, the Mayor declared nominations closed. Roll Call Vote forK irk Hoiberg: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One Mr. Hoiberg was unanimously appointed Third Alternate to the Anaheim Youth Commission. 105: COMMUNITY REDEVELOPMENT COMMISSION APPOINTMENTS: On motion by Councilman Bay, seconded by Councilman Pickler, appointments to fill two vacancies on the Community Redevelopment Commission were continued one week (March 31, 1987), to allow time to receive and review additional applications for the two positions. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 2, 1987, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2679 (READV.): Submitted by Synod of Southern California and Hawaii, (El Rancho Plaza), to amend conditions of approval of Conditional use Permit No. 2679 (Ready.), to permit a retail center with on-sale alcoholic beverages in one enclosed restaurant and on-sale beer and wine in a second enclosed restaurant. The City Planning Commission, pursuant to Resolution No. PC87-57, granted Conditional Use Permit No. 2679 (Ready.), and previously approved the negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2893: Submitted by Frank J. Currie and Evelyn R. Cuttle, to permit an automotive repair facility on ML zoned property located at 1480 North Tustin Avenue, with Code waiver of minimumnumber of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-58, granted Conditional Use Permit No. 2893, and granted a negative declaration status. 230 City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24, 1987~ 1:30 P.M. 3. CONDITIONAL USE PERMIT NO. 2894: Submitted by Brea Times Partners, to permit on-sale beer and wine in a proposed restaurant on CL zoned property located at 2424 West Ball Road, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-59, granted Conditional Use Permit No. 2894, and granted a negative declaration status. 4. VARIANCE NO. 3640: Submitted by Craig A. and Rita J. Mock, to construct a 170 square foot expansion to an existing bedroom on RS-5000(SC) zoned property located at 1229 North Willet Circle. The City Planning Commission, pursuant to Resolution No. PC87-60, granted Variance No. 3640, and ratified the Planning Director's categorical exemption determination, (Class 5). 5. PROPOSED CODE REVISIONS--RECREATIONAL-LEISURE AREAS: To consider possible Code revisions pertaining to recreational-leisure areas, specifically usable open space. Staff directed to conduct a study by the Planning Commission. 6. GENERAL PLAN AMENDMENT: Submitted by City Engineer, requesting a General Plan Amendment to redesignate Fairmont Boulevard between La Palma Avenue and Santa Aha Canyon Road from a Hillside Secondary to Hillside Primary Arterial Highway; and add West Street between Manchester Avenue and Ball Road as a major Arterial Highway. The City Planning Commission determined that a General Plan Amendment Study would be conducted as requested. End of Planning Commission Informational Items. 134: GENERAL PLAN AMENDMENT STUDY AREA: To consider a General Plan Amendment Study Area of the area bounded by Anaheim Boulevard, Cypress Street, The Union Pacific Railway and La Palma Avenue. At their regular meeting held March 2, 1987, the City Planning Commission directed Planning ~taff to initiate a General Plan Amendment Study of the area bounded by Anaheim Boulevard, Cypress Street, the Union Pacific Railway and La Palma Avenue. The Commission further recommended that the City Council declare a moratorium on any proposed development for more intense zoning projects than RM-2400 within subject area. Councilman Bay offered a motion to continue Council consideration of the proposed moratorium for additional public input. At an invitation by Councilwoman Kaywood, Mr. Keith Pepper, 817 N. Lemon Street, Chairman of the Central City Neighborhood Council, came forward to address the Council. He stated that according to staff, there were no plans on file pending a plan check at the present time, and he noted the proposed moratorium would affect only permits for RM-1200 projects. Mr. Pepper 231 150 City Hall~ An~heim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. indicated it was the intent of the Central City Neighborhood Council to survey subject area on April 11, 1987, for additional input, and he requested the City Council to protect the more than 600 properties involved. Senior Planner Greg Hastings noted a discrepancy in the excerpt from the minutes of the City Planning Commission meeting held March 2, 1987; he clarified that the intent of the Commission was to not include RM-2400 zoning in the moratorium. MOTION: Councilwoman Kaywood moved that the City Council initiate a moratorium on any development in this Study area more intense than RM-2400. Councilman Pickler seconded the motion. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler and Kaywood Hunter and Bay None One The motion failed to carry. Councilman Bay moved to continue the recommendation to April 28, 1987, for additional input from residents of the area. Councilman Hunter seconded the motion. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Hunter and Bay Pickler and Kaywood None One The motion failed to carry. Councilwoman Kaywood moved that the recommendation be continued one week to March 31, 1987 for an update from Planning staff. Councilman Pickler seconded the motion. Further discussion ensued, Councilman Bay expressing surprise that the City Council should be requested to create a no-growth moratorium anywhere in the City, with no evidence that it is what the neighborhood wants. Roll Call Vote on the foregoing motion: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Kaywood and Pickler Hunter and Bay None One The motion failed to carry. 232 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. Recommendation to declare a moratorium on projects more intense than RM-2400 in the area bounded by Anaheim Boulevard, Cypress Street, the Union Pacific Railway and La Palms Avenue was taken off the agenda. RECESS: By general consent, the Council recessed for 10 minutes. (3:35 p.m.) 181/106: SECOND ANNUAL IMAGINATION CRT.RBRATION: Request was submitted by Elizabeth Tierney for a $2,000 donation to the Second Annual Imagination Celebration, an arts celebration promoted by the California Alliance of Arts Education, Orange County Department of Education and the Orange County Performing Arts Center. The Parks, Recreation and Community Services Department recommended Council consideration of said request. On motion by Councilman Bay, seconded by Councilwoman Kaywood, 32,000 for the Second Annual Imagination Celebration was authorized, to be paid from the City Council Contingency Account. MOTION CARRIED. 179: PUBLIC HEARING - VARIANCE NO. 3597 AND NEGATIVE DECLARATION: APPLICANT: Hugo A. Vazquez and Tak Watanabe 2240 West Lincoln Avenue Anaheim, Ca. 92801 REQUEST/ZONING/LOCATION: To construct a 3-story, 4-unit apartment building on RM-1200 zoned property located at 202 South Olive Street with the following Code waivers: (a) Maximum structural height (deleted), (b) maximum site coverage, (c) minimum recreational-leisure areas (denied), (d) minimum area of private recreational-leisure areas (deleted), (e) minimum width of pedestrian accessways. PLANNING COMMISSION ACTION: Resolution No. PC87-10 granted Variance No. 3597, in part, waiver (c) being denied, and waivers (a) and (d) deleted by revision to plans, and approved an EIR - Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of February 10, 1987 and continued to this date from the meeting of March 17, 1987. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin March 5, 1987. Posting of property March 5, 1987. Mailing to property owners within 300 feet - March 6, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 19, 1987. APPLICANT'S STATEMENT: Hugo Vazquez, 619 South Live Oak Drive, Anaheim 92807. Indicated he has met with both the neighbors in the proposed project area, as well as the Community Redevelopment Commission to review and react to their concerns. As a result of these meetings, the number of units proposed was reduced from five to four, and the size of the one larger unit has been reduced. 233 City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24~ 1987~ 1:30 P.M. They are now able to build this project with 4 units to meet code without any variance, but those remaining variances are necessary in order to provide the architectural amenities desired to make this project fit into the neighborhood. The larger unit has been scaled down to 1250 square feet and 2 bedrooms, 2 baths, thus the 8 tandem parking spaces are sufficient to meet code. Annika Santalahti, Zoning Administrator. Confirmed that from the original square footage proposed, it would appear to her to be possible that the redesign would bring the project within code. The revised plans had been submitted to the Planning Department but there was not sufficient time to complete the plan check. PUBLIC DISCUSSION: IN FAVOR: No one appeared to speak in favor of the project. OPPOSED: Donna Berry, 511 East Broadway. Noted she is speaking as the Chairman of the Project Area Committee. This property is located in Neighborhood Preservation Area 4, and the neighborhood is designated as a historical district. She noted that the PAC committee met with Mr. Vazquez to discuss their objections, and a number of recommendations were drawn up most of which addressed the aesthetic aspect of the project. The committee did compromise on some points, but the PAC still shares the reservations of the Redevelopment Commission on the size of the larger unit. The present plans are acceptable to them on the grounds of aesthetics. They continue to be concerned relative to the possibility that the larger 3-bedroom unit could be converted by subsequent owners to 2 units, and impact the neighborhood with density. However the committee feels this type of project defies the purpose of variances, and should be required to be built within code. EXHIBITS M~TEEIALS SUBMITTED: Letter dated February 4, 1987, from William Ranney, Chairman, Community Redevelopment Commission, addressing the concerns of the Commission. (Mr. Ranney read this letter at the Council meeting of March 17, 1987, prior to the continuance of this item.) SPECIAL CONCERNS OF CITY COUNCILMEMBERS: Councilwoman Kaywood voiced the opinion that even with reduction to 4 units, the tandem parking situation indicates that the project is overbuilding a small site. FINAL SUMMATION BY APPLICANT: Mr. Vazquez If approved with the current revised plans, the only variance required by this project is minimum width of pedestrian 234 City Hall~ Anaheim~ Califorp~- - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. accessways (item e). The width he could provide of these accessways is 5 feet. He assured Councilwoman Kaywood that both c and d, minimal recreational-leisure areas and private recreational leisure areas would be provided. CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN: Condition No. 12 was revised to reflect a minimum requirement of 5 foot width for pedestrian accessways, that the 3 bedroom unit be reduced in size to a 2-bedroom unit no larger than 1,225 square feet; and maximum lot coverage to be fifty-five percent. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT KEPORT- NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Bay, 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. Councilman Pickler offered Resolution No. 87R-99 for adoption, approving Variance No. 3597, subject to all City Planning Commission conditions, with amendment to Condition No. 12. Refer to Resolution Book. RESOLUTION NO. 87R-99: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VAKIANCE NO. 3597. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87E-99 duly passed and adopted. 107/142/000: PUBLIC HEARING - 1985 EDITION OF UNIFORM BUILDING CODE: To consider adoption of the 1987 Edition of the International Conference of Building Officials' Uniform Building Code, with amendments thereto, and add a new Chapter 15.04 to Title 15 of the Anaheim Municipal Code. BUILDING DIVISION INPUT: See Staff Report dated February 17, 1987. PUBLIC DISCUSSION: No one was present to speak to the proposed adoption of the 1985 Edition of the Uniform Building Code. COUNCIL ACTION: Mayor Bay closed the public hearing. 235 i46 City Hall~ Anaheim, California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. Councilwoman Kaywood offered Resolution No. 87R-100 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM BUILDING CODE, 1985 EDITION. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 87R-100 duly passed and adopted. Councilwoman Kaywood offered Ordinance No. 4805 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4805: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPF~ING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM BUILDING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15.OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.04. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Ordinance No. 4805 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 87R-101 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-101: A ILESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF THE UNIFORM BUILDING CODE. Roll Call Vote: AYES: COUNCLLMEMBERS: Pickler, NOES: COUNCIL MEMBEAiS: None ABSENT: COUNCIL MEMBERS: None VACA/ACY: COUNCIL MEMBERS: One Hunter, Kaywood and Bay The Mayor declared Resolution No. 87R-101 duly passed and adopted. 107/142/000: PUBLIC HEARING - 1985 EDITION OF UNIFORM PLUMBING CODE: To consider adoption of the 1985 Edition of the International Association of Plumbing and Mechanical Officials' Uniform Plumbing Code, 1985 Edition, 236 143' City Hall~ Anmhefm~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. Appendices A, B, C, D, E, H and I included, with amendments thereto, and amending Title 15 of the Anaheim Municipal Code by adding thereto a new Chapter 15.20. BUILDING DIVISION INPUT: See Staff Report dated February 17, 1987. PUBLIC DISCUSSION: No one was present to speak to the proposed adoption of the 1985 Edition of the Uniform Plumbing Code. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood offered Resolution No. 87R-102 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM PLUMBING CODE, 1985 EDITION. Roll Call Vote: AYES: NOES: ABSENT: VACANCY: COUNCIL MEMBERS: Pickler, COUNCIL MF~MBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: One Hunter, Kaywood and Bay The Mayor declared Resolution No. 87R-102 duly passed and adopted. Councilwoman Kaywood offered Ordinance No. 4806 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4806: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.20 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS' UNIFORM PLUMBING CODE, 1985 EDITION, APPENDICES A, B, C, D, E, H AND I INCLUDED, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.20. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, ,Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The hayor declared Ordinance No. 4806 duly passed and adopted. 107/142: PUBLIC HFAtLING - 1985 EDITION OF UNIFORM MECHANICAL CODE: To consider adoption of the 1985 Edition of the International Conference of Building Officials, Uniform Mechanical Code, with amendments thereto, and amending Title 15 of the Anaheim Municipal Code by adding a new Chapter 15.50. 237 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. BUILDING DIVISION INPUT: See Staff Report dated February 17, 1987. PUBLIC DISCUSSION: No one was present to speak to the proposed adoption of the 1985 Edition of the Uniform Mechanical Code. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood offered Resolution No. 87R-103 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM MECHANICAL CODE, 1985 EDITION. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Hunter, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One Kaywood and Bay The Mayor declared Resolution No. 87R-103 duly passed and adopted. Councilwoman Kaywood offered Ordinance No. 4807 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4807: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.24 AND 15.50 OF TITLE 15 OF THE ANAHEIMMUNICIPAL CODE AND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM MECHANICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.50. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCILMEMBERS: One Hunter, Kaywood and Bay The Mayor declared Ordinance No. 4807 duly passed and adopted. 107/142: PUBLIC HEARING - 1985 EDITION OF UNIFORM SOLAR ENERGY CODE: To consider adoption of the 1985 Edition of the International Association of Plumbing and Mechanical Officials, 1985 Edition of Uniform Solar Energy Code, with certain amendments thereto, and adding new Chapter 15.55 to Title 15 of the Anaheim Municipal Code. BUILDING DIVISION INPUT: See Staff Report dated February 17, 1987. 238 .1.4 I_ City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24~ 1987~ 1:30 P.M. PUBLIC DISCUSSION: No one was present to speak to the proposed adoption of the 1985 Edition of the Uniform Solar Energy Code. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood offered Ordinance No. 4808 for adoption. Refer to Ordinance Book. ORDII~ANCE NO. 4808: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.55 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE ANDADOPTING BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, EDITION 1985, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.55 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Ordinance No. 4808 duly passed and adopted. 107/142: PUBLIC HEARING - 1985 EDITION OF UNIFORM SWIMMING POOLp SPA AND HOT TUB CODE: To consider adoption of the 1985 Edition of the International Association of Plumbing and Mechanical Officials, 1985 Edition of Uniform Swimming Pool, Spa and Hot Tub Code, with amendments thereto, and adding new Chapter 15.30 to Title 15 of the Anaheim Municipal Code. BUILDING DIVISION INPUT: See Staff Report dated February 17, 1987. PUBLIC DISCUSSION: No one was present to speak to the proposed adoption of the 1985 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood offered Ordinance No. 4809 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4809: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING BY REFERENCE A SWIMMING POOL, SPA AND HOT TUB CODE ENTITLED, "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1985 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING ANDMECHANICAL OFFICIALS," WITH AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE. 239 t42 City Hall~ An-heim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: VACANCY: COUNCIL MEMBERS: Pickler, COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: One Hunter, Kaywood and Bay The Mayor declared Ordinance No. 4809 duly passed and adopted· 107/142: PUBLIC HEARING - 1985 EDITION OF UNIFORM HOUSING CODE: To consider adoption of the 1985 Edition of the International Conference of Building Officials' Uniform Housing Code, with amendments thereto, and adding~new Chapter 15.36 to Title 15 of the Anaheim Municipal Code. BUILDING DIVISION INPUT: See Staff Report dated February 17, 1987. PUBLIC DISCUSSION: No one was present to speak to the proposed adoption of the 1985 Edition of the Uniform Housing Code. COUNCIL ACTION: Mayoz Bay closed the public hearing. Councilwoman Kaywood offered Ordinance No. 4810 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4810: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHELM MUNICIPAL CODE AND ADOPTING THE 1985 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING THERETO A NEW CHAPTER15.36. Roll Call Vote: AYES ' NOES: ABSENT: VACANCY: COUNCIL MEMBERS: Pickler, COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: One Hunter, Kaywood and Bay The Mayor declared Ordinance No. 4810 duly passed and adopted. 107/142: PUBLIC HEARING - 1985 EDITION OF UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS: To consider adoption of the Uniform Code for the Abatement of Dangerous Buildings, 1985 Edition, as promulgated by the International Conference of Building Officials, with certain amendments thereto, and adding new Chapter 15.06 to Title 15, of the Anaheim Municipal Code. BULLRING DIVISION INPUT: See Staff Report dated February 17, 1987. 240 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. PUBLIC DISCUSSION: No one was present to speak to the proposed adoption of the 1985 Edition of the Uniform Code for Abatement of Dangerous Buildings. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood offered Ordinance No. Ordinance Book. 4811 for adoption. Refer to ORDINANCE NO. 4811: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.06 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION AS PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 BY ADDING A NEW CHAPTER 15.06 THERETO. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Ordinance No. 4811 duly passed and adopted. RECESS: By general consent the City Council recessed for 5 minutes. (4:35 p.m.) AFTER RECESS: Mayor Bay called the meeting to order, all members being present. (4:40 p.m.) 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2884 AND NEGATIVE DECLARATION: APPLICANT: Luther Alkhaseh, Ibis Anaheim, 242 West Main Street, Suite 104 Tustin, Ca. 92680 ZONING/LOCATION/REQUEST: C-R zoned property located at the southeast corner of Freedman Way and Clementine Street; to permit a 200-unit residence hotel with all units containing kitchen facilities. PLANNING COMMISSION ACTION: City Planning Commission Resolution No. PC87-34 granted CUP 2884, approved an EIR - Negative Declaration. HEARING SET ON: Request by Councilwoman Kaywood at meeting of February 24, 1987. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 13, 1987 Posting of property March 13, 1987 Mailing to property owners within 300 feet - March 12, 1987 241 140 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 2, 1987. APPLICANT'S STATEMENT: Robert Mickelson, 328 North Glassell Street, Orange Ca. Agent for Alvand Land Development Company. Stated he had submitted additional materials and was available to respond to any questions. He did note that the franchise is for 160 units to be expanded to 200 eventually and if a parking problem did materialize, the City had the option of denying the additional units. PUBLIC DISCUSSION: There were no persons appearing either in favor or opposed to the project. EXHIBITS, MATERIALS SUBMITTED: None. SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilwoman Kaywood. Indicated her original concern was over the number of units with kitchen facilities, and the possibility that these may become substandard apartments. She reported she had traveled to Costa Mesa to look at another project of this same franchise, and found the development to be very attractive. In response to Council concerns Mr. Mickelson advised his clients would be willing to accept deed restrictions on their property limiting the use to the entitlement set forth in the Conditional Use Permit, and further that such restrictions not be removed without mutual consent of the City and landowner. Mayor Bay's concern was that the City have some control to limit the number of repeatable rental agreements so these would not exceed 30 days. Mr. William Swank, President of Alvand Land Development Company. Assured the City Council that this project could meet all tests which would indicate it is a hotel operation. He noted that his company purchased the franchise rights for the City of Anaheim for this particular operation. The major clients of this chain are Fortune 500 companies or engineers, auditors on site for more than 30 days. He noted that this is a national chain; there is a reservations system; there is a national and international marketing effort to promote these units, which are very attractive to the business community. Their experience indicates that no more than 15% of the units would ever be occupied for more than 30 days. He could accept a restriction indicating that no more than 15% of the units would be used in excess of a 30 consecutive day period by one occupant. 242 3? City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. CHANGES TO PROPOSALAS A RESULT OF DISCUSSION/COUNCIL CONCERN: A new condition No. 16 was added to reflect that prior to issuance of a building permit, the property owner/developer shall record a covenant to: limit use of the property to transient occupancy; stipulate that the use shall not be converted to apartments; restrict the term of rental agreements to periods of time not exceeding seven successive days; limit consecutive rental agreements for each of one hundred and seventy of the units to no more than thirty successive days total for any given occupant; and make the City of Anaheim a party to the covenant. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, 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. One Vacancy. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 87R-104, granting Conditional Use Permit No. 2884 subject to all City Planning Commission conditions, plus revised Condition No. 16. Refer to Resolution Book. RESOLUTION NO. 87R-104: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2884. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87K-104 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2838--REVIEWAND NEGATIVE DECLARATION: APPLICANT: Ellwood F. Johnson, et al (Games Plus) 1848 W. Almond Avenue Orange, Ca. 92668 ZONING/LOCATION/REQUEST: CL zoned property, located at 3242 West Lincoln Avenue/to retain on-sale beer in a billiard parlor and amusement arcade. PLANNING COMMISSION ACTION: Denied previously by the City Planning Commission, (PC86-230), granted by the City Council at their meeting of September 23, 1986 for a period of 6 months (86R-424). 243 '8 1:'3: City ftall~ Aaaheim~ Califorala - COUNCIL MIfFS?ES - March 24~ 1987~ ,1:30 P.M. HEARING SET ON: Required to exend the Conditional Use Permit beyond the 6 month's last granted by the City Council. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 13, 1987 Posting of property March 13, 1987 Mailing to property owners within 300 feet -March 12, 1987 PLANNING STAFF INPUT: See Staff Report dated March 13, 1987. Prior to hearing from the Applicant, the City Attorney reminded Council Members that the purpose of this hearing is to review this Conditional Use after a 6-month period and to determine whether or not to extend it beyond this date. A staff report has been prepared and submitted to ~ouncil and it would perhaps be most appropriate to hear from the staff first and allow the Applicant an opportunity to respond. Mr. White cited the findings required under Municipal Code Section 18.03.093.041 for extension of an existing conditional use permit. Mayor Bay ascertained that the Applicant had not previously received copies of the Staff Report from Code Enforcement and Community Development dated March 13, 1987; Memorandum dated December 17, 1986 from Lt. Flanagan, Anaheim Police Department; and Memorandum dated December 5, 1986 from SEt. Steven Rodig to Lt. Flanagan. Copies were delivered to Mr. Clayton Peters, Agent for the Applicant, at this time. STAFF INPUT: Mr. John Poole, Code Enforcement Supervisor. He reported that since the City Council action in September, both the Police Department and Code Enforcement have received numerous complaints from citizens and businesses adjacent to this location, as well as residents from the nearby area. (Westmont Apartments). These complaints include instances of loitering, loud noise, throwing trash, narcotics activities and minors in possession of alcoholic beverages. Since September 5, 1986 there were 26 contacts, most have resulted in arrest or citation. He elaborated on the specific incidents and complaints as set forth in memorandum dated March 13, 1987. Mr. Poole also reviewed the results of a survey of the neighborhood conducted on January 12, 1987, which are reported in the March 13, 1987 memorandum. Sgt. Steven Rodig, Vice Bureau, Anaheim Police Department. He advised that between September 5 and November 9, 1986, he had documented 26 instances of criminal activity either in or around Games Plus. The types of activities ranged from sales of narcotics to possession of various types of controlled substances, 14 outside Games Plus and 12 inside. As a result the VNOC initiated a narcotics "Buy" program which resulted in 14 hand-to-hand sales of various types of substances, 9 inside 244 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. the facility. An employee of Games Plus also directed Police investigators as to where they might purchase narcotics. A citation for sale of beer to a 19-year-old was issued to a Games Plus employee. APPLICANT'S STATEMENT: Mr. Clayton Peters, 3242 West Lincoln, Anaheim 92801. Stated that he has been one of the biggest complainers to the Anaheim Police Department relative to the criminal activities described, that he and his wife have cooperated in every way with the Police Department. He has asked to have undercover investigators at this location. He advised that the one citation for sale of alcohol to a minor occurred while they were very busy and he looked older. He indicated that he did not know how the other charges cited relate to Games Plus. There are other businesses in this center particularly a night club and a bar. Pauline Peters. Stated that she and her husband have had this business for 4-1/2 years; that they tried to sell the business in the summer and the police reports and complaints stem from the other management. They have since returned his money and are now operating the business again. She noted that they have been more than cooperative with the Police and did in fact request undercover officers. She explained that this business is their only livelihood and without the ability to sell beer they might as sell close the doors. They have a 10 year lease on the building. She did not feel this business is detrimental to the people or the City, in fact she noted theirs is the only business at this center which washes windows and sidewalks. The complaints of noise from the apartments she thinks is due to the bar which is next door. PUBLIC DISCUSSION: IN OPPOSITION: Sharon Jackson~ Manager~ Westchester Square Apartments. These apartments are located directly behind the shopping center. Shenoted that there have been specific incidents of vandalism and breaking off of locks at the complex where she has followed people directly back to Games Plus. She also related seeing drug activities in the area. Letter, map and pictures were submitted. Ms. Jackson stated that the problems with vandalism and breaking into apartments have increased steadily, in the month of February they spent ~2,630 for broken glass in vacant apartments. In response to Councilwoman Kaywood's question as to whether these problems existed prior to September of 1986, Ms. Jackson stated she was not present then but the owners of the complex say they did not have a problem. 245 I36 City Hall, Anaheim, California - COUNCIL MINUTES - March 24~ 1987, 1:30 P.M. C. F. Zibold, 145 South Westchester Drive, stated that he has been to Games Plus and feels there are many minors who get alcohol there from adult patrons of legal age and there is no control over the amount of drinking going on. Irene 01dham, lives in apartments right in the rear of Games Plus. She noted that they have not had similar problems as they do now since the shopping center opened 11 years ago. IN FAVOR: George Katsampes, 2359 Purdue Drive, Costa Mesa. He explained that he had originally built Games Plus and Mr. Peters was the electrician. He has been in this business for 25 years and still has an establishment identical to Games Plus in Costa Mesa. He was of the opinion that the activities described are not directly caused by Games Plus and noted that the management of Games Plus was urged to call Police to help clear up the problem, which they did as they don't want to conduct the business in this atmosphere either. He thought the problem had improved 80% and still needed more time to be cleared up. He advised that he visits the site frequently, and now sees almost no loitering. The bar next door to Games Plus has a long history of problems and there are problems in the area, but he did not think they could be attributed all to this operation. EXHIBITS MATERIALS SUBMITTED: Letter dated 10-30-86, map and photographs submitted by Sharon Jackson, 145 South Westchester Drive. SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Pickler noted that this is the only location to have this particular combination of use in Anaheim, i.e., pool tables together with amusement devices. In his opinion it is the combination, which attracts minors, and the sales of beer as well, that creates the problem. FINAL SUMMATION BY APPLICANT: Mr. Peters reiterated that he did not know why the City is trying to blame Games Plus for all of the problem when there are other businesses in the center. He has personally given the Police all the information he can on illegal activities and cooperated with them. In his opinion it is now 1001 better than it was 6 months ago. It is impossible for them to operate this business without the beer sales. Mrs. Peters also stated that they need their beer license in order to operate the business. She described that either she or her husband or both, were usually at their place of business until 3:30 and 4:00 a.m., seven nights per week. CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN: None. 246 _133 City Hall~ Anaheim~ California - COUNCIL MINUTES -March 24~ 1987~ 1:30 P.M. COUNCIL ACTION: Mayoz Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Bay, seconded by Councilwoman Kaywood, 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. One Vacancy. MOTION CARRIED. Councilman Hunter offered Resolution No. 87R-105 for adoption, denying the extension of Conditional Use Permit No. 2838, based on the findin~ that the use for which the approval was granted has been exercised so as to be detrimental to the public health and safety so as to create a nuisance. Refer to Resolution Book. RESOLUTION NO. 87R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2838. Roll Call Vote: AYES: NOES: ABSENT: VACANCY: COUNCIL MEMBFAS: Pickler, COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: One Hunter, Kaywood and Bay The Mayor declared Resolution No. 87R-105 duly passed and adopted. 170: FINAL MAP--TRACT NO. 9601: DEVELOPER: Camino Real Savings Bank of San Fernando TRACT LOCATION: North of Canyon Rim Road and east of Fairmont Boulevard, in Anaheim Hills. PROPOSED SUBDIVISION: 9-lot, RS-HS-22,000(SC). STAFF INPUT: Report dated March 13, 1987 was submitted by the City Engineer, recommending approval of the Final Map. MOTION: On motion by Councilman Bay, seconded by Councilman Pickler, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 9601, as recommended by the City Engineer. One Vacancy. MOTION CARRIED. 108/142: ORDINANCE NO. 4814: Councilwoman Kaywood offered Ordinance No. 4814 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4814: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 3.04.230 OF CHAPTER 3.04 OF TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS LICENSES. 247 134 City Hall, Anaheim~ California - COUNCIL MINUTES - March 24~ 1987, 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: VACANCY: COUNCIL MF21BERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Ordinance No. 4814 duly passed and adopted. 108/000/117: RESOLUTION NO. 87R-106: Councilwoman Kaywood offered Resolution No. 87R-10§ for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-106: A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF ANAHEIM ADOPTING A FEE FOR RETURNED CHECKS TENDERED IN PAYMENT FOR BUSINESS LICENSES. Roll Call Vote: AYES: COUNCLLMEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-106 duly passed and adopted. 179: ORDINANCE NO. 4815: Councilman Hunter offered Ordinance No. 4815 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4815: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODER ELATING TO ZONING. (Amending Title 18, Reclass. 86-87-3, RM-1200, 2900-2920 East Lincoln Avenue) Roll Call Vote: AYES: COUNCILHEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Ordinance No. 4815 duly passed and adopted. 103: LOCAL AGENCY FORMATION COMMISSION VACANCY: Councilman Pickler reported that an opening on the Local Agency Formation Commission (LAFCO) was coming before the Orange County League of California Cities Selection Commission on April 16, 1987. He recommended that one of the Anaheim City Council Members apply for this very influential position. 107: BUILDING PERMITS: In response to inquiry from Councilman Pickler concerning issuance of building permits prior to finalization of the necessary ordinance changing the zone on property involved, City Attorney Jack White reported that in the past, developers have requested, and been granted, building permits during the period referendum for the ordinance subject to the 248 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 24~ 1987~ 1:30 P.M. execution of an agreement holding the City harmless. In the event that action was subsequently taken against the change of zone, the property would revert to its former status. This procedure would be valid; but according to the Anaheim Municipal Zoning Code, any permits granted pending finalization of an ordinance to change the zone would be void, and the only way to change that would be to amend the Anaheim Municipal Code. The City Attorney was thereupon requested to prepare an urgency ordinance amending Title 18 of the Anaheim Municipal Code to allow the issuance of building permits prior to the finalization of the ordinance, subject to the execution of a hold harmless agreement by the developer. ITEMS OF PUBLIC INTEREST: No items of public interest were presented. ADJOURNMENT: Councilman Bay moved to adjourn. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (6:20 p.m.) LEONORA N. SOHL, CITY CLERK 249