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1987/09/29City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood, Bay ABSENT: COUNCIL MEMBERS: Hunter PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR, PARKS, RECREATION AND COMMUNITY SERVICES: ASSISTANT DIRECTOK FOR ZONING: Annika Santalahti CIVIL ENGINEER: Jay Titus TRAFFIC AND TRANSPORTATION ENGINEER: Paul Singer Chris Jarvi A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on September 25, 1987 at the Civic Center kiosk, containing all items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney JackWhite 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; City of Anaheim vs. Anaheim Hotel Partnership O.C.S.C.C. No. 46-96-59. b. Labor relations matters - Government Code Section 54957.6. Ce 54956.9(c). Personnel matters - Government Code Section 54957. Potential litigation pursuant to Government Code Section Councilman Bay moved to recess into Closed Session. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED. (12:10 p.m.) AFTER RECESS: The Mayor called the meeting to order, and welcomed all those in attendance. (2:06 p.m.) INVOCATION; Dr. Ernest Furness, Anaheim Adventist Church, gave the Invoca~ion. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: Domestic Violence Awareness Week in Anaheim, October 4-10, 1987. 870 City H~ll, Anmheim~ California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M~ Minority Enterprise Development Week in Anaheim, October 5-10, 1987. Escrow Month in Anaheim, October, 1987. Josephine Cranston accepted the Domestic Violence Week in Anaheim Proclamation and Scott Hunt accepted the Escrow Month Proclamation. 119: EXPRESSION OF WELCOME: An Expression of Welcome was unanimously adopted by the City Council and presented to Linda Bauer on behalf of the National Society of Patient Representatives holding their sixteenth annual national conference in Anaheim October 5 through October 9, 1987 and commending their members for their caring actions for those in need. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held September 1, September 8 and September 15, 1987. Councilman Bay seconded the motion. Councilman Hunter absent. MOTION CARRIED FINANCIAL DEMANDS AGAINST THE CITY in the amount of 33,027,235.74 WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the resolutions contained in the Consent Calendar were read by the City Manager. Councilman Bay moved to waive the reading in full of all ordinances and resolutions on the Consent Calendar, 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 ordinances or resolutions in regular order. Councilman Pickler seconded the motion. Councilman Hunter absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 87R-396 through 87R-405, 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 Douglas Klug for property damage sustained purportedly due to actions of the City on or about August 14, 1987. b. Claim submitted by Linda Barcelona for bodily injury sustained purportedly due to actions of the City on or about May 15, 1987. c. Claim submitted by Diane Howard for bodily injury sustained purportedly due to actions of the City on or about July 18, 1987. d. Claim submitted by Heylee Lin Winters for bodily injury sustained purportedly due to actions of the City on or about July 18, 1987. 871 City Hall~ Anaheim, California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M. e. Claim submitted by Mercury Casualty Insurance Company (Insured: Ronald Cole) for property damage sustained purportedly due to actions of the City on or about July 14, 1987. f. Claim submitted by American Association of Retired Persons for indemnity for damages sustained purportedly due to actions of the City on or about May 27, 1987. Claims filed against the City - Recommended to be Accepted: g. Claim submitted by Josephine Talavera for property damages sustained purportedly due to actions of the City on or about July 13, 1987. h. Claim submitted by Glen Rediess for property damages sustained purportedly due to actions of the City on or about August 31, 1987. i. Claim submitted by Maxcy F. Collins for property damage sustained purportedly due to actions of the City on or about August 11, 1987. 2. Receiving and filing the following correspondence: (on file) a. 105: 'Community Redevelopment Commission, Minutes of September 2, 1987. b. 105: Public Utilities Board, Minutes of August 20, 1987. c. 105: Parks, Recreation and Community Services, Corrected Minutes of July 22, 1987. 3. 109: Authorizing the Mayor to sign a letter to the California Department of Transportation requesting access to Imperial Highway from shopping centers located at the southwest, northwest and northeast corners of La Palma Avenue and Imperial Highway. 4. 150/106: Accepting donations from Cal Auto Dealers Exchange and Canyon Hills Junior Women's Club for the Kids for Parks and Oak Canyon Nature Center Programs in the amount of ~1,000 and ~1,562, respectively, and increasing appropriations to Account Nos. 01-273-5115 by $1,000 and Account No. 24-273-7100 by $1,562 and expenditure Account No. 01-273-3222 by ~2,562. 5. 139: Support ~R 2858/9 1567 to provide £or re£unds pursuant to rate decreases under the Federal Power Act and authorizing the Mayor to communicate said position to the City's elected Representatives in Washington. 6. 123: Authorizing an agreement with Pacific Theatres, Inc., to provide parking spaces on Anaheim Stadium Parking Lot for overflow swap meet parking, at a minimum of $1,000 for the first 1,000 vehicles per day, and $.50 for each additional vehicle, for the term July 1, 1987 to June 30, 1989. 7. 106: Authorizing carryover of reserve appropriations in the amount of $27,953,595.46 from FY 1986/87 funds to FY 1987/88. 872 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. 8. 123: Authorizing a contract with the City of Brea to provide police helicopter services in the Carbon Canyon area at a cost of ~207 per hour of flight service. 9. 153/175/116/152: Authorizing the City Manager to adjust the base annual salary for the Public Utilities General Manager from $102,800 to $116,164, effective September 18, 1987; and from $116,164 to the maximum of salary range SR15 (currently $123,272), effective December 23, 1988. 10. 151: Authorizing an Encroachment License with Richard A. Anthony to allow encroachment on 6.75 feet across a 15-foot easement for sewer, water and storm drain facilities with a portion of a room addition on property located at 1800 East Cliffpark Way. (87-9E) 11. 151: Authorizing an Encroachment License with Rockwell International to allo%~ the encroachment of PVC conduits for computers and telephone communications between Rockwell buildings on the north and south sides of La Palma Avenue, west of Miller Street. (87-11E) 12. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $12,710 for one used 1970 GMC 6500 COE fuel tank truck. 13. 170/123: Approving the assignment of a special water facilities reimbursement agreement with Canyon Heights to Municicorp, relating to a portion of Tract No. 9602, in the Anaheim Hills area. 14. 160/123: Accepting the low bid and authorizing the execution of a contract with TRW Information Systems in the amount of $55,232 per year for a term of five years, to maintain IBM and STC tapes/printers, in accordance with Bid No. 4480. 15. 175: RESOLUTION NO. 87R-396: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Rehabilitation of Water Wells, Account No. 52-619-6329-07649; and opening of bids on October 29, 1987, 2:00 p.m.) 16. 175: RESOLUTION NO. 87R-397: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Slope Protection at Walnut Canyon Reservoir, Account No. 52-619-6329-08991; and opening of bids on October 29, 1987, 2:00 p.m.) 17. 150: RESOLUTION NO. 87R-398: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDINGAND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Play Equipment at Brookhurst, Rio Vista, Pearson and Chaparral Parks, Account Nos. 16-821-7107, 16-851-7107, 16-820-7107 and 16-833-7107 respectively, with opening of bids oF, October 29, 1987, 2:00 p.m.) 873 City Hall~ A-mheim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. 18. 150: RESOLUTION NO. 87R-399: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SOUTHERN CALIFORNIA BUILDERS) (in the amount of $71,000, for George Washington Community Center, Account Nos. 25-848-7107 and 16-848-7107) 19. 175: RESOLUTION NO. 87R-400: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALT~ ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (SANITARY SEWER MODIFICATIONS) (Account No. 11-790-6325-E0630, Gosh Construction Corporation, contractor, and authorizing filing of the Notice of Completion therefor) 20. 169: RESOLUTION NO. 87R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (LINCOLN AVENUE STREET IMPROVEMENT, 493 feet east of Kingsley Street to 231 feet east of Rio Vista Street, Account Nos. 15-793-6325-E3090 and 51-484-6993-00710, Sandoval Paving Company, contractor, and authorizing filing of the Notice of Completion therefor) 21. 169: RESOLUTION NO. 87R-402: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINATJ.Y ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (MAGNOLIA AVENUE STREET, STORM DRAIN, SEWER AND WATER IMPROVEMENTS, Account Nos. 15-793-6325-E3070, 12-791-6325-E1540, 51-484-6993-00710, 55-669-6993-07511, 52-606-6329-06564 and 52-606-6329-06876, Sully Miller Contracting Company, contractor, and authorizing filing of the Notice of Completion therefor) 22. 153: RESOLUTION NO. 87R-403: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 811{-151 RELATING TO PERSONNEL RULE 7, APPOINTMENTS AND PROMOTIONS. (to permit appointment of part-time employees to vacant full-time positions, effective August 25, 1987) 23. 176: RESOLUTION NO. 87R-404: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (87-6A) (Declaring intent to abandon a portion of an existing storm drain easement east of Weir Canyon Road and north of Santa Ama Canyon Road, Abandonment No. 87-6A, and setting a date for the public hearing therefor - suggested date: October 27, 1987, 3:00 p.m.) 24. 158: RRg0LUTION NO. 87R-405'. A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Roll Call Vote: AYES: NOES: AB SF~T: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Ehrle, Pickler, Kaywood and Bay None Hunter The Mayor declared Resolution Nos. 87R-396 through 87R-405, both inclusive, duly passed and adopted. End of Consent Calendar. Councilman Hunter was absent. MOTION CARRIED. 874 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. 123: AGREEMENT WITH CHRISTIAN TEMPORARY HOUSING FACILITIES: Report dated September 17, 1987 was submitted by staff recommending that the Council authorize an agreement with Christian Temporary Housing Facilities (CCTHF) from May 15 to October 1, 1987. This item was withdrawn by staff at this time. 123/106: AGREEMENT WITH AMATEUK ATHLETIC FOUNDATION OF LOS ANGELES: Authorizing an agreement with the Amateur Athletic Foundation of Los Angeles to receive a grant in the amount of $9,040 to purchase boxing and weight-training equipment for the Anaheim Athletic Boxing Club; and appropriating the grant revenue and expenditure into fund and program account No. 01-345 Submitted was report dated September 21, 1987 from Chris Jarvi, Director of Parks, Recreation and Community Services recommending approval of the agreement. Mr. Jarvi briefed his report and then introduced representatives who were present in the Chamber audience, Steve Montiel, Vice President of Programs for the Amateur Athletic Foundation of Los Angeles, Elder Charles Bush and Kev. Don Dexter from the First Presbyterian Church. Following the presentation of the check, Mr. Gonsalvo Garcia, the boxing trainer, introduced some of the boys he has been working with. Mr. Montiel stated that with Southern California's endowment from the 1984 Olympic Games, the Amateur Athletic Foundation is committed to trying to increase participation in the sport. One of the ways this has been done is through the Grants Program. He was pleased to be present to present the check. Rev. Don Dexter, First Presbyterian Church, offered their congratulations to the Amateur Athletic group for winning the grant. Mr. Gonsalvo Garcia then introduced some of the boxers in the program who were present in the Chamber audience. He also explained their participation in the program. MOTION: Councilman Bay moved to authorize an agreement with the Amateur Athletic Foundation of Los Angeles to receive a grant in the amount of 39,040 to purchase boxing and weight-training equipment for the Anaheim Athletic Boxing Club; and appropriating the grant revenue and expenditure into fund and program account No. 01-345. Seconded by Councilwoman Kaywood. Councilman Hunter absent. MOTION CARRIED. 175/123: FIRST AMENDMENT TO AGREEMENT WITH METROPOLITAN WATER DISTRICT OF ORANGE COUNTY (MWDOC): Councilwoman Kaywood moved to authorize the First Amendment to the Agreement with the Municipal Water District of Orange County (MWOOC) to provide educational services to Anaheim schools on water related subjects as recommended in memorandum dated September 18, 1987 from the Public Utilities Board. Councilman Ehrle seconded the motion. Councilman Hunter absent. MOTION CARRIED. 105: APPOINTMENTS TO THE ECONOMIC DEVELOPMENT BOARD: Mayor Bay nominated Marshall Krupp to the Economic Development Board for the term ending June 30, 1988; Councilman Ehrle nominated Thomas Heinz for the term ending June 30, 1988. 875 City Hall~ An-heim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. Councilman Bay moved to close nominations. Councilman Pickler seconded the motion. Councilman Hunter absent. MOTION CARl{IF/). Marshall Krupp and Thomas Heinz were thereupon appointed to serve on the Economic Development Board by acclamation. Mayor Bay noted that many excellent people applied to serve on the Board. He urged the Council to look strongly at those people to add to the Committee on Vision 2000. They are very fine people offering their services to the City. Councilwoman Kaywood. There are many people giving a tremendous amount of time on Vision 2000. She did not want to bypass them for someone who has not worked on the project at all. She added that it was gratifying to see such interest by so many fine people volunteering their time. 108: APPLICATION FOR PUBLIC DANCE PERMIT: Councilman Bay moved to approve an application for a Dinner Dancing Permit submitted by Salvador Rubalcaba and Efren Gutierrez, for E1 Conejo Feliz, 1750 West Lincoln Avenue, seven days a week from 8:00 p.m. to 1:30 a.m., in accordance with the recommendations of the Chief of Police. Councilman Pickler seconded the motion. Councilman Hunter absent. MOTION CARRIED. 114: APPOINTING A COUNCIL REPRESENTATIVE TO LEAD A DRLKGATION TO MIT0, JAPAN: Mayor Bay announced that he is not going to be able to go on the trip to Anaheim's Sister City, Mito, Japan. Councilman Pickler volunteered to take up that duty which will be highlighted by Mito's tenth celebration of their Sister-City relationship with the City of Anaheim. MOTION: Councilman Ehrle moved to appoint Councilman Irv Pickler as the Council's representative to lead the delegation to Mito, Japan and authorizing an expenditure of funds for expenses in connection therewith. Councilman Bay seconded the motion. Councilman Hunter absent. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held September 14, 1987, pertaining to the following applications were submitted for City Council information. 1. VARIANCE NO. 3676 (READY.): Submitted by Peralta L.T.D., to construct 41 single-family residences at a height not to exceed 39 feet on KS-A-43,000 zoned property located on the north side of Nohl Ranch Road, approximately 300 feet northeast of the centerlime of Old Bucket Lame, with Code waiver of maximum structural height. The applicant withdrew his application. 2. RECLASSIFICATION NO. 87-88-06 AND VARIANCE NO. 3683: Submitted by Petra Galvin, for a change in zone from RM-2400 to RM-1200, to construct a seven-unit apartment complex on property located at 403 South Clementine Street, with the following Code waivers: (a) Maximum site coverage, (b) maximum number of bachelor units, (c) minimum structural setback, (d) minimum recreational-leisure area. 876 City Hall, Ansbeim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. The applicant withdrew his application. 3. CONDITIONAL USE PERMIT NO. 2932: Submitted by Thrifty 0il Company, to permit a convenience market with gasoline sales and off-sale beer and wine on ML zoned property located at 727 So. East Street, with the following Code waivers: (a) Maximum number of small car spaces (denied), (b) Minimum landscape area. The City Planning Commission, pursuant to Resolution No. PC87-180, granted in part, Conditional Use Permit No. 2932 and granted a negative declaration status. 4. RECLASSIFICATION NO. 87-88-01 AND CONDITIONAL USE PERMIT NO. 2920: Submitted by I-Hsiung Kuo and Shuchin Liao Luo, for a change in zone from RS-A-43,000 to CL, to permit a two-story, 46-unit (previously 50-unit) motel on property located at 1556 West Katella Avenue, with the following Code waivers: (a) Maximum fence height, (b) minimum number of parking spaces, (c) maximum structural height. The City Planning Commission, pursuant to Resolution No. PC87-181 and 182, denied, Reclassification No. 87-88-01 and Conditional Use Permit No. 2920, and granted a negative declaration status. 5. RECLASSIFICATION NO. 87-88-03 AND VARIANCE NO. 3679: Submitted by Philip W. Ganong, et al, for a change in zone from RS-A-43,000 to RS-5000, to establish a 12-lot, 10-unit, single family, residential subdivision on property located at the southwest corner of Short Street and Kellogg Drive, with the following Code waivers: (a) Required lot frontage, (b) minimum lot width. The City Planning Commission, pursuant to Resolution No. PC87-183 and 184, granted Reclassification No. 87-88-03 and Variance No. 3679, and granted a negative declaration status. 6. RECLASSIFICATION NO. 87-88-13 AND CONDITIONAL USE PERMIT NO. 2945: Submitted by Richard Gardner, for a change in zone from RS-A-43,000 to CL, to permit a self-service car wash on property located at 1777 W. La PalmaAvenue, with Code waiver of maximum width of vehicular accessway. The City Planning Commission, pursuant to Resolution No. PC87-189 and 190, granted Reclassification No. 87-88-13 and Conditional Use Permit No. 2945, and granted a negative declaration status. Councilman Pickler posed questions to staff relative to whether or not the alley behind the proposed car wash was going to be paved with asphalt or concrete; Annika Santalahti, Zoning administrator. There is a condition that water is to be disposed of satisfactory to the City Engineer. She will verify with the Engineering Office the drainages to be provided by an on-site drain. 7. CONDITIONAL USE PERMIT NO. 2942: Submitted by Suburban Manufacturing Co., to retain a truck repair facility on ML zoned property located at 1183 No. Kraemer Place, with Code waiver of minimum number of parking spaces. 877 City Ha!l, A-,heim~ Cs!!fornia - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC87-193, granted Conditional Use Permit No. 2942, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2947: Submitted by East Anaheim Enterprises, to permit an industrially related o~fice complex (including industrially related sales businesses) in the Anaheim Canyon Industrial Area on ML(SC) zoned property located at 5100 through 5150 East La Palma Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC87-194, granted Conditional Use Permit No. 2947, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 1858--EXTENSION OF TIME AND REVISED PLANS: Submitted by Orris E. Pittman, requesting to amend conditions of approval of Resolution Nos. PC78-126 and PC85-265 for approval of an extension of time and for a revised exhibit to retain a private cat kennel and to permit an outdoor maintenance and storage yard for heavy equipment on ML zoned property located at 1401 No. Jefferson Street. The City Planning Commission, pursuant to Resolution No. PC87-195, granted Conditional Use Permit No. 1858 - Extention of time and Revised Plans, and ratified the Planning Director's categorical exemption determination (Classes 1 and 3) 10. CONDITIONAL USE PERMIT NO. 2074--TERMINATION: Submitted by Richard C. Hunsaker, requesting termination of Conditional use Permit No. 2074, to retain an automobile repair shop on ML zoned property located at 2785 Regal Park Drive, as a condition of approval of Conditional Use Permit No. 2931. The City Planning Commission, pursuant to Resolution No. PC87-196~ terminated Conditional Use Permit No. 2074. 11. CONDITIONAL USE PERMIT NO. 1746--TERMINATION: Submitted by Richard E. and Beverly A. Dunham, requesting termination of Conditional Use Permit No. 2074, to permit outdoor steam cleaning on property located at 1176 Osprey Circle, as a condition of approval of Variance No. 3618. The City Planning Commission terminated Conditional Use Permit No. 1746. 12. CONDITIONAL USE PERMIT NO. 2844 AND VARIANCE NO. 3603--SPECIFIC PLANS: Submitted by Clyde Carpenter & Associates, Inc., to permit a gas station with a mini-mart and a car wash, on property located at the intersection of Riverside Freeway and Weir Canyon Road, with frontage on Santa Ana Canyon Road. The City Planning Commission approved Conditional Use Permit No. 2844 and Variance No. 3603 - Specific Plans. 13. RECLASSIFICATION NO. 87-88-10 AND VARIANCE NO. 3691: Submitted by Konald Thomas Boswell, for a change in zone from RS-A-43,000 to RM-1200 to construct a 34-unit "affordable" apartment complex on property located at 2011 and 2017 West Ball Road, with the following Code waivers: (a) Minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage. 878 City Hall, An~heim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC87-185 and 186, granted Reclassification No. 87-88-10 and Variance No. 3691, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be scheduled at a later date. 14. RECLASSIFICATION NO. 87-88-12 AND VARIANCE NO. 3697: Submitted by Yosiko Yamane, for a change in zone from RS-A-43,000 to RM-1200, from RS-A-43,000 to RM-1200 on properties located at 2767, 2775 and 2785 West Ball Road (Ball Road east of Dale), to construct a 3-story, 77-unit "affordable" apartment complex, with the following Code waivers: (a) Minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage, (d) minimum sideyard setback, (e) minimum structural setback. The City Planning Commission, pursuant to Resolution No. PC87-187 and 188, granted Reclassification No. 87-88-12 and Variance No. 3697, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be scheduled at a later date. End of Planning Commission Informational Items. 179/185: SET ~.ARING-RECLAgSIFICATION NO. 87-88-14, CONDITIONAL USE PERMIT NO. 2946, AND DEVELOPMENT AGREEMENT NO. 87-01: Hanover Real Estate Associates, for a change in zone from ML to CO, to permit 1,235,375 square foot commercial/office complex, including 56,000 square feet of accessory retail uses, to be included within five buildings ranging in height from 100 to 223 feet and three multi-level parking structures over a ten-year, five-phase period, and Development Agreement No. 87-01 between the City and Hanover Real Estate Associates relating to development of the property, and Code waiver of minimum structural setback. The City Planning Commission, pursuant to Resolution No. PC87-191 and 192 granted Reclassification No. 87-88-14, Conditional Use Permit No. 2946 and Development Agreement No. 87-01 with the recommendation that Council consider the Reclassification and Conditional Use Permit in conjunction with the Development Agreement No. 87-01. City Clerk Sohl announced that a request had been received from the applicant asking that another date for the public hearing other than the suggested date of October 13, 1987 be set. After a brief Council discussion relative to an appropriate date, Councilman Bay moved that a date and time for the public hearing on the subject Reclassification, Conditional Use Permit and Development Agreement be Tuesday, October 27, 1987 at 3:00 p.m. The motion was seconded by Councilman Pickler. Councilman Hunter absent. MOTION CARRIED. 179: REVIEW OF THE ZONING ADMINISTRATOR'S DECISIONS - SEPTEMBER 10~ 1987: 879 City Hall~ A-ahei% C-ltfornia - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. 1. VARIANCE NO. 3688: Submitted by Prank Lawson and Phyllis Louise Landon, to construct a retaining wall structure and covered patio in the side and rear yards of RS-HS-10,000 zoned property located at 4021 Maple Tree Drive, with the following Code waivers: (a) Minimum side yard structural setback, (b) minimum rear yard structural setback. Annika Santalahti, Zoning Administrator, pursuant to ZA87-19, approved Variance No. 3688, and ratified the Planning Director's categorical exemption determination (Class 5). The decision date was September 15, 1987. 2. VARIANCE NO. 3699: Submitted by Taiyo Investments USA, to construct 49, two-story, single-family residences ranging in height from 26 to 38 feet on approximately 33.9 acres north of the northwesterly corner of Via Arboles and Ramsgate Drive (Tract No. 9524). Annika Santalahti, Zoning Administrator, pursuant to ZA87-21, approved Variance No. 3699, and granted a negative declaration status. The decision date was September 15, 1987. 3. ADMINISTRATIVE ADJUSTMENT NO. 87-04: Submitted by Scott Clausen, to permit an addition to an existing industrial distribution center with 896 parking spaces proposed and 996 parking spaces required on property located at 610 South Olive Street. Annika Santalahti, Zoning Administrator, pursuant to ZA87-22, granted Administrative Adjustment No. 87-04. The decision date was September 16, 1987. 4. ADMINISTRATIVE ADJUSTMENT NO. 87-05: Submitted by Millard Archuleta Architects, to retain an existing truck loading ramp and dock with 400 parking spaces proposed (443 spaces required) at 3148 and 3170 West Lincoln Avenue. Annika Santalahti, Zoning Administrator, pursuant to ZA87-23, granted Administrative No. Adjustment No. 87-04. The decision date was September 23, 1987. 5. VARI~CE NO. 3695: Submitted by Peralta, L.T.D., to construct a two-story, 40-foot high, single-family residence on property located at 4851 Copa De Oro Drive. Annika gantalahti, 2oning Administrator, pursuant to ZA87-20, approved Variance No. 3695, and ratified the Planning Director's categorical exemption determination (Class 5). The decision date was September 15, 1987. Councilman Pickler stated he had received calls regarding the item. He asked the permitted height in the area. Annika Santalahtt, Zoning Administrator. It is 25 feet in the scenic corridor. Councilman Pickler. He wanted to know if they were setting a precedent that is going to happen in all the homes planned for that area or if they were to be taken on an individual basis. A height waiver was turned down recently by the Council in the Peralta Hills area. 88O City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. Annika Santalahti. The 40 foot pertains to towers or architectural devices on the structure and not occupied space. She understood there might be more coming in. As the lots differ in relationship to adjacent properties, that has to be taken into consideration. Staff is looking at a possible Code change to increase the height from 25 feet to 30 feet and possibly make some additional recommendations to exclude certain things beyond chimneys which will be going to the Planning Commission soon. Councilman Pickler. Since he had received calls on the issue, he is going to set a public hearing; Councilman Kaywood stated she too had received calls. She asked whether on the Zoning Administrator public hearings notification was the same as that given to public hearings before the Planning Commission and City Council. Hiss Santalahti answered the procedures are identical, notification of those within a 300 foot radius around the property in question. If others contacted staff ahead of time and left their address, an addendum will be added to the mailing list to include those people. Mayor Bay. It would be interesting to go over why those particular height limitations were set in the first place. Miss Santalahti then clarified that this was one house out of 41 that would eventually be built in the area. Originally there was a submittal to the Planning Commission for all 41 homes which was withdrawn. The Commission indicated their displeasure with the waiver being requested without seeing any details at all. A public hearing will be scheduled at a later date be~fore the Council. End of Zoning Administrator Informational Items. 114: SCHEDULE FOR CITY COUNCIL MEETINGS: To consider establishing a different time schedule for City Council meetings, including conducting all or some of these during evening hours. This matter was discussed and continued from the meeting of September 22, 1987 to this date. (See minutes of September 22, 1987.) City Clerk Sohl announced that two people requested to speak to the issue. Bill Erickson, 301 E. North St. He agrees that some evening meetings are important to a segment of the population. He suggests that a compilation of desired evening meetings be left to the discretion of the Mayor and City Clerk staff and the Mayor be subject to the call for evening meetings. He likes day meetings and feels the public does too. He has been present at evening meetings that have sometimes gone to 2:00 and 3:00 a.m. which is Just as bad as the other way. Betty Ronconi, 1241 S. Walnut St. On September 16, 1987, area 65 of the Anaheim Homeowners Association (AHA) held a meeting where this topic was discussed and the general consensus of opinion was that evening meetings would be a welcome change since most persons under retirement age are working in 881 Cit~ Hall~ A-~hmim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. daytime hours. They encouraged the Council to go forward with their suggestion for the evening meetings. As Councilwoman Kaywood stated, they are aware that it was tried in the past and people did not attend but it is the feeling that at this point in time there is a reawakening of interest especially among the younger generation who would like to be able to participate. She would recommend at least a trial basis to see what the response will be. Councilman Pickler. The Council should give evening meetings a trial. Councilman Hunter who is a supporter of the concept is absent. He moved that they continue the matter to the meeting of October 13, 1987 for full Council action. Councilman Ehrle seconded the motion. Before action was taken, Mayor Bay stated that Councilman Hunter's absence today was unexpected. He has talked to him and the general consensus is to set up evening meetings on a trial basis. One of the options supplied by staff as requested by the Council at the previous meeting (see memo dated September 24, 1987 from the City Attorney listing option 1 and option 2) is that evening meetings be held one night each month on a trial basis and that that night be designated since it would be important in planning for advertising of public hearings. He has no problem with the motion for continuance but it would delay action for some time. If it is the intent to have the first evening meeting in November, he will go along with the motion for continuance. Councilman Ehrle. He is withdrawing his second. He is prepared now to go along with one of the two options outlined by staff. Council discussion followed relative to the options and alternate suggestions by Council Members. The consensus was that option 2 be tried and that the start of the evening meetings be the first Tuesday in November. Councilwoman Kaywood. She never remembers in her tenure on the Council where the Council has refused to hold an evening meeting when requested on an issue of great importance. She knows that the School Board is constantly being criticized because they start their meetings at 7:00 p.m. and rarely finish before 3:00 a.m. She would also propose a substitute motion to continue the matter for two weeks so that it can be properly thought out. She is also concerned with starting evening meetings the ~irst Tuesday in November since that is a School District election and Anaheim also has a Water Bond issue on the ballot. City Attorney Jack White. He asked if it is the intent of the maker of the motion that the Council meeting (including Agency and Authority) start at 6:30 p.m. and public hearings at 8:00 p.m. Councilman Pickler agreed with that as did Councilman Ehrle in his second. A vote was then taken on the motion clarified as follows: That when evening Council meetings are held the public portion of the meetings start at 6:30 p.m. with public hearings to be held at 8:00 p.m. (Closed sessions to start at approximately 4:00 p.m.) Councilman Hunter was absent. MOTION CARRIED. 882 City ~a!l~ Anaheim, California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M. MOTION: Councilman Bay moved that the above time schedule for evening Council Meetings be started at 6:30 p.m. with Public Hearings to be held starting at 8:00 p.m. (Closed sessions to start at approximately 4:00 p.m.) Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED. RECESS: By general consent the Council recessed for ten minutes. (3:21 p.m.) AFTF~ RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Hunter. (3:37 p.m.) 111: 1987 HALLOWEEN FESTIVAL: Request by Jim Cain, Halloween Festival Committee, for funding in the amount of $11,000 to cover liability insurance coverage for the Festival. (See his letter request to the Council dated September 22, 1987.) Submitted was report dated September 23, 1987 from Chris Jarvi, Director of Parks, Recreation and Community Services recommending that the Council determine a policy regarding the Committee's request for funding. Mayor Bay. He reminded the Council last year when the issue of requested funding for the festival and parade was before the Council, the Council made it clear the range of services already provided by the City amounted to over $30,000 across Maintenance, Streets, Sanitation, Police and Parks, Recreation and Community Services. The Council also made it clear to the people who wanted to assure continuance of the festival which is done by many volunteers, if they had funding problems, they should spend time during the year prior to the festival raising the money so they would not have to come back to the Council with additional requests. Mr. Jim Cain, 4336 East Addington Dr., Anaheim, new President of the Halloween Festival Committee (HFC). Last year someone made the remark that the organization would never come back for help but unfortunately the organization cannot put on a parade which attracts approximately 100,000 people to Anaheim without assistance in providing for insurance which this year is $13,580 in comparison to last year's amount of $3,500. They tried to bring in the Chamber to joint venture with them in order to take advantage of the insurance but they were also not able to obtain insurance. Because of their inability to get the insurance at a cheaper rate, the Chamber had to pull out. The HFC has total expenses of $27,245. They have an anticipated income of $12,690. It is obvious they cannot run the organization at a deficit when it is all volunteers to begin with. They were originally asking ~or ~11,000 (a~ was indicated on the agenda) but the added costs, as was evident from the budget he submitted, their expenses were higher than they normally would have been if they stayed at their prior facilities which people continually complained about. He is, therefore, asking the Council to either donate ~13,500 to the HFC for the insurance for this year which he as president for next year will attempt to have the fund raisers his predecessors promised which they failed to do, or ask the City to self insure the event. The City is already involved in the event. The volunteers are Just trying to keep the package together for the community. Mayor Bay. Their advice from staff is to not consider the self insurance involved within the City insurance. 883 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M. Council Hembers gave their input to the request: Councilman Ehrle. The Halloween Festival/Parade has been a tradition in Anaheim for years. However, he has a difficult time saying that Council is going to bail out the HFC once again. He does believe there should be some type of assistance but instead would like to see a challenge grant - a challenge for the Chamber, business community and civic organizations to see what they are going to do to help raise the necessary funds instead of having the taxpayers answer that challenge. He suggested that the Visitor and Convention Bureau would have a vital interest in the event. He suggested that they present a challenge to the HFC of no more than 56,500 and see if the Committee can match that amount in two weeks. Otherwise, he cannot go along with the 513,500 request. Councilman Pickler. The event is for the benefit of the 100,000 people who attend it. It is a worthwhile cause and something he does not want to see end. He feels the other 56,b00 can be raised. There are those in the City that will accept the challenge. He will commit to helping to try to raise the amount. He is aware of the skyrocketing costs of insurance. It is necessary to get to their State Legislators to do something about that situation. Hr. Cain. There are 91 entries in the parade and 21 floats in the process of being built. If he has to go out again and continue as he has done for the last three months to attempt to raise money and fails and the City fails, everyone will suffer. Councilman Ehrle. He suggested as an alternative that the funds be loaned to the organization Just as they had done with other organizations with the idea that the funds would be paid back within a short period of time. He thereupon moved to draft some type of instrument for a loan to the agency with the idea that it be paid back through the mutual efforts of everyone for the total amount within twelve months Before any action was taken, Mr. Cain stated he appreciated the offer but the problem is, were they going to face reality today or next year. They will be faced with the same problem next year. The business community downtown is "tight with the buck'. Councilman Ehrle clari£ied his motion for the Mayor that a loan be made to the RFC of ~6,500 for the Halloween Festival to be paid back in twelve months and also give the Committee the other ~6,500. Councilman Pickler seconded the motion. City Attorney Jack White. He suggested the wording that the City grant the Halloween Festival, Inc. $6,500 and that the Halloween Festival, Inc. execute a promissory note at no interest to the City for $6,500 payable within one year and that the entire 513,000 be paid upon execution of the note. This was agreeable to Council Members Ehrle and Pickler. Mr. Cain. He does not see a problem with repaying the 56,500 after the event. Presently they have $5,600 in the bank to cover part of the expenses this year. That will give enough time to go out into the market and try to 884 City Hall, Amaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. obtain at least $13,500 because they do not know what the insurance rate is going to be next year. They are already making changes in next year's program. For instance, next year's entries will have to pay an entry fee to get into the parade. He hopes they do not have to come back next year and that they can succeed on their own. Mayor Bay. They have talked along these lines every year for the past three years. The whole essence of the issue is whether there is public support for the Halloween Festival/Parade, or if there is not. If the Council continues to subsidize the event to the extent that it does, it does not prove if there is public support or not, particularly from the business community. He has reached the point of no return - either the parade stands or falls on its own feet. A vote was then taken on the foregoing motion. Councilman Bay voted no. Councilman Hunter was absent. MOTION CARRIED. City Manager Bob Simpson. He noted that Council did not identify a source for the funds and asked if the Council wanted it left to staff. He was not certain at this point what was left in the Council Contingency Fund. Councilman Pickler stated it should be left to staff; Councilman Bay suggested that it come out of Parks and Recreation; Councilwoman Kaywood was opposed to any additional funds coming from Parks and Recreation. Having delayed the funding for Park Rangers, she did not want to see them penalized for this. Before concluding, Mr. Cain stated the Committee would like to have the Council declare Friday, October 30, 1987 Trick or Treat Night in Anaheim as the Halloween Parade will be held on Saturday Night, October 31, 1987. There was no formal action by Council on that issue; Mayor Bay asked that the record show he has no views on when Trick or Treat Night will take place. 179: CONTINUED PUBLIC HEARTNG - CONDITIONAL USE PERMIT NO. 2929 AND NEGATIVE DECLARATION: APPLICANT: Chez Grand'Mere 1239 North Harbor Blvd., Anaheim, Ca. 92801 REQUEST/ZONING/LOCATION: To permit the expansion of a private pre-school and day care center for a maximum of 84 students on CG zoned property located at 1239 North Harbor Boulevard, with the following Code waivers: (a) Minimum number of parking spaces, (b) required loading and unloading area. PLANNING COMMISSION ACTION: Resolution No. PC87-142 granted Conditional Use Permit No. 2929; approved Ell{Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler at the meeting of August 11, 1987. This matter was continued from the meeting of September 22, 1987, to this date. 885 City Hall~ An~heim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M. PUBLIC NOTICE REQUIREMENTSMET BY: Publication in Anaheim Bulletin September 11, 1987. Posting of property September 11, 1987. Mailimg to property owners within 300 feet - September 11, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 20, 1987. APPLICANT'S STATEMENT: Donovan Floriani, 512 N. Pine Way in Anaheim was present to answer questions. COUNCIL CONCERNS: Councilman Pickler. He set the matter for public hearing because of his concern over the location of the pre-school and increasing the number of students from 56 to 80 plus. There is a freeway adjacent to the school which is located on busy Harbor Boulevard. Congestion coming off the freeway onto Harbor where children will be dropped off will add to an already existing problem of traffic and congestion. He is concerned with the safety aspect involved. Mr. Floriani. The pre-school is presently operating near capacity with 50 students. There is no congestion. It is very unusual to see more than one or two cars loading or unloading at one time. He has not heard many complaints from clients. The school is functioning very well at this time. The school is on Harbor Boulevard where the right-of-way is at 100 feet. Due to long-termCity planning, the City is eventually going to widen Harbor Boulevard to the 130 foot right-of-way. With the curb set where it is now, they have good access to the school. There is ample parking. Their design was to reflect the ultimate expansion of the school to 84. When they applied for the Conditional Use Permit this time, staff looked at the ultimate plan which he is willing to venture will never happen. He is willing t0 gamble that Harbor Boulevard will aever expand to the full right-of-way at least in the near future. Om the last drawing they submitted, the expansion they planned is not in the right-of-way. Should Harbor ultimately be widened to 130 feet, they would then have to modify their building so they could continue to have their driveway to avoid parking on the street. These same issues were addressed at the Planning Commission. A new motel was built to the north and it was built in the right-of-way but because it is a pre-school, special conditions apply to it and they have to be subjected to all those interpretations. He was hoping to get an answer from the Council on this determination prior to the permit time. 886 City Hall~ Anmheim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M. Councilman Pickler. If the City ever has to widen Harbor Boulevard, it will create a hazard if approval for expansion is given. Safety of the youngsters is his concern. Paul Singer, Traffic Engineer. At the time the item came before the Planning Commission, he recommended denial because in his opinion expansion of the use at the subject location with the type of loading and unloading that takes place, it would be unsafe to do so. Presently the ADT on Harbor Boulevard at that location is 36,900 vehicles. He cannot overemphasize how unsafe the condition could become. Mr. Floriani. They have an adequate driveway with off-the-street loading and unloading. Their concern for safety is more than the Council's. Liability insurance is extremely expensive and they do not want anything to happen to the children. Mr. Singer is drawing the line as if their driveway no longer exists and as though the widening of Harbor has already occurred. Paul Singer. He was addressing existing conditions on the property. He went out to look at it and there is space for four cars if they are squeezed on that driveway. The way people, normally park realistically there can be only two cars. With that many more children, it would require them to stop at the curb. Traffic does exit the freeway at a high rate of speed. Mayor Bay. He asked if there was discussion on limiting the use of the Conditional Use Permit until the actual widening takes place and have it expire at that time. Paul Singer. The problem exists today. It will become worse in the future because there will be less space with a smaller driveway. Anntka Santalahti, Zonins Administrator. There was no time limit placed on the Conditional Use Permit. The Planning Commission was willing to go with this request even though there was no time constraint on the street widening as Council had done on a recent decision on day care. Condition No. 12 suggested by the applicant pertains to the property owner indemnifying the City for any difficulties on site because of the street widening and hence the reduction on on-site parking. What is now a loop driveway will be eliminated because of the way the building curves on the property. Fifteen feet comes off the front of the property and eliminates that loop driveway. 887 City Hall, An,heim~ C~l~fornia - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. Paul Singer. He does not believe there is any problem with the number of children the school has now but expanding that number is his concern, Mr. Floriani. The State of California has said that for each student it is necessary to have so many square feet of outside area and classrooms and the State also requires a loading and unloading area. The State frowns upon pre-school unloading in the street. When the time comes and the City finds it necessary to widen Harbor, it will be necessary to make a decision as to what to do. It is their intent to provide as low cost service as possible to the community. When they bought the property, they bought it with the intent to fully utilize it. Councilman Ehrle. He is going to ask for a two week continuance since he has not been able to physically view the property. He did not think there was a major problem. Councilman Pickler. He is amenable to a two week continuance. Mr. Floriani. He encouraged all Council Members to visit the school and to introduce themselves to the director who will give a tour of the facility. Mayor Bay. In a letter Mr. Floriani previously submitted, he asked some questions such as why he should pay $9,500 on future unknown street widening. Since this is a hearing de novo, if the Council chose to allow the expansion until the widening of Harbor Boulevard occurred and set that as when the Conditional Use Permit would expire, he asked the City Attorney would there then be any grounds for collecting the $9,500 for the street widening if the Conditional Use Permit was limited as to when that widenin~ took place. City Attorney Jack White. The requirement on dedications and payment of cost of improvements is a Code requirement that attaches at the same time the building permits are issued for either the original construction or expansion. Because of that, it would not be wiped away simply by a condition that provided that the permit expired upon the widening of the street. Mayor Bay asked if any one was present regarding this item either in favor or opposition; there was no response. 888 City Hall, Anaheim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M. MOTION: Councilman Ehrle moved to continue the public hearing on Conditional Use Permit No. 2929 to Tuesday, October 13, 1987 at 3:00 p.m. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2160 - EXTENSION OF TIME: APPLICANT: Ralph Alexander, (Sunwest Metals) 1874 South Anaheim Boulevard Anaheim, Ca. 92805 REQUEST/ZONING/LOCATION: Requesting a 3-year extension of time to retain a recycling center on ML zoned property located at 1874 South Anaheim Boulevard. PLANNING COMMISSION ACTION: Resolution No. PC87-133 granted Conditional Use Permit No. 2160 to expire June 22, 1990, and previously approved an EIR - Negative Declaration. HEARING SET ON: Appealed by Farano & Kleviet, attorneys representing Sunwest Metals. This matter was continued from the meeting of September 1, 1987, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 20, 1987. Posting of property August 21, 1987. Mailing to property owners within 300 feet - August 20, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated June 22, 1987. APPLICANT'S STATEMENT: Joan Virginia Allen, Attorney from the law firm of Farano and Kieviet. She requested a continuance of the public hearing to October 27, 1987. Mayor Bay asked if anyone was present regarding this item either in favor or in opposition; there was no response. MOTION: Councilman Bay moved to continue the public hearing on Conditional Use Permit No. 2160 to Tuesday, October 27, 1987 at 3:00 p.m. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CARFRIED. 170: PUBLIC HEARING - TENTATIVE TRACT NO. 12665--WAIVER OF HILLSIDE GRADING ORDINANCE: APPLICANT: Hunsaker and Associates, Inc., 3 Hughes Tustin, Ca. 92718 REQUEST/ZONING/LOCATION: Request for waiver of lot line requirements of the Hillside Grading Ordinance on property located on the north side of Mohler Drive, approximately 60 feet east of the centerline of Country Hill Road and further described as 270 South Mohler Drive. 889 City Hall, Anaheim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M. PLANNING COMMISSION ACTION: The Planning Commission, at their meeting of August 31, 1987, recommended approval of the requested waiver. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 17, 1987. Posting of property September 18, 1987. Mailing to property owners within 300 feet - September 18, 1987. PLANNING STAFF INPUT: See report dated August 6, 1987 from the Public Works Engineering Department to the Planning Commission recommending that the Commission recommend approval of the subject request to the City Council. APPLICANT'S STATEMENT: Gary McCann, Vice President, Trider Corporation, 12 Corporate Plaza, Newport Beach. He explained there are four lots on Mohler Drive. He is asking that the property line be at the toe of the slope. All of the slopes are to be maintained by a Master Association. Answering Council questions, he reported that 11 homes are involved in the Master Association. He has no idea what their stand is on the request. Councilwoman Kaywood. She had received a couple of phone calls relative to drainage. Gary McCann. There are several large drainage systems going in on Mohler. Plans are presently in City Hall for review. There is a massive storm drain system goin~ into that property. Jay Titus, Office Engineer. The request for the waiver of the lot line would have no bearing at all on any drainage involved with the tract. The Hillside Ordinance requires a certain set-back of the lot line from the toe on top of the slope. If there is no lot line involved, it requires the structure to be setback a certain distance from the toe or top of the slope. In this case, the lot line is not being set back as far as the Ordinance requires. However, the building is set back the distance that would be required if there was no lot line. Even though the lot line is closer to the toe, the structure is the required distance from the toe of the slope. He believes it is 15 feet but it does not affect the drainage on the lot or on the tract at all. Councilwoman Kaywood. The concern was with no curbs or gutters on Mohler and it is a narrow street. When it rains it is not carried away but floods the lot itself. Jay Titus. The developer is constructing a storm drain which will pick up water from Mohler which will reduce that flooding problem. They are also constructing a second storm drain that will take 89O? City Hall~ An~heim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M. water from the tract to the north and put it in an existing underground storm drain. The slope adjacent to Mohler would be sloping the other way so it would slope away from the street rather than toward it. Mr. McCann. They are improving Mohler Drive in front of the entire length of the property. The City required them to go half way. They are negotiating with the City to improve the entire width of the street. The slopes are graded two to one and every slope is required to be landscaped. They are putting a lot of money into the landscaping. It will be well done and well maintained. He does not believe there will be any problem. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. MOTION: Councilman Pickler moved to approve waiver of the Hillside Grading Ordinance relating to Tentative Tract No. 12665 . Councilwoman Kaywood seconded the motion. Before a vote was taken, City Attorney Jack White recommended that the motion of approval incorporate, "finding of special circumstances as required by Code Section 17.06.290 of the Anaheim Municipal Code that there are special circumstances or impracticality of employing a conforming lot line in this particular case". Councilman Pickler incorporated the finding as articulated by the City Attorney in his motion as did Councilwoman Kaywood in her second. A vote was then taken on the foregoing motion. Councilman Hunter was absent. MOTION CARRIED. 179: CONDITIONAL USE PERMIT NO. 2938 AND NEGATIVE DECLARATION: APPLICANT: Raymond A. and Connie Y. Masciel 1127 W~st North Street Anaheim Ca. 92801 REQUEST/ZONING/LOCATION: To permit a 4-unit senior citizens apartment complex on RM-2400 zoned property located at 1222 West Pearl Street, with Code waiver of minimum building site area per dwelling unit. PLANNING COMMISSION ACTION: Resolution No. PC87-162 granted Conditional Use Permit 2938; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of September 8, 1987 and public hearing scheduled this date. 891 City Hall, Aneheim, California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 17, 1987. Posting of property September 17, 1987. Mailing to property owners within 300 feet - September 18, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 17, 1987. COUNCIL CONCERNS: Councilwoman Kaywood. She received many calls to set the matter for a public hearing. The neighborhood is very concerned. The applicant originally submitted a proposal for four apartments which was denied and now the proposal is for four apartments for senior citizens. The neighborhood wants the area to remain RM-2400 zoning as it is now which would accommodate two apartment units. The neighbors want the neighborhood to remain as is. APPLICANT'S STATEMENT: Gary Masciel, 420 South Euclid, Anaheim. The original request was to change the zoning from RM-2400 to EM-1200. The neighbors were concerned with traffic, privacy with regard to two stories, and appearance. They redesigned the project to allow for a less dense project with more landscaping so that it would be an enhancement to the area and would not create two stories. They subsequently proposed senior citizen apartments because there would be less traffic and a lesser need for parking and there is also a demand for senior citizen dwellings, one bedroom units with two people maximum. Some of the neighbors were under the impression because it was a duplex or because it was RM-2400 there would be a stipulation that no two stories be allowed. Even with single family, two stories are allowed. The other concern was that the proposal would change the zoning in the area from RM-2400 to 1200 which was discussed at the Planning Commission hearing. It would not do that. This was strictly for the senior citizen project and it was a single story development. Councilwoman Kaywood. Senior citizens apartments require that they be close walking distance to banks, grocery stores, doctors, etc. She has driven through the area and those facilities do not look close enough to her. Gary Masciel. Anaheim Plaza is less than one half mile away and Lincoln Avenue is within one tenth of a mile. There is also close freeway access for visitations. Anaheim Memorial Hospital is .7 miles away. Everything is pointed out in the study that was previously submitted (see "Accessibility to Services Report" - made a part of the record). 892 City Hall, Anaheim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M. Councilwoman Kaywood posed a further line of questioning to Mr. Masciel revolving around the issues of parking and State requirements relative to senior citizen housing. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Ray McWilliams, 1212 West Pearl Street. He spoke to Mr. Masciel and told him he could alleviate his problem if he would take the time to meet with some of the neighbors to work out a plan. There were mostly single family residences and duplexes in their area. There are fourplexes at the end of the street which are not a major concern but the developer wants to put his project in the middle of a block of single family residences. Councilman Pickler. It is beneficial for a developer to meet with the people in the area in which he proposes to build. He suggested a continuance of the item in order to accomplish that. He thereupon moved that the public hearing be continued for two weeks. The motion died for lack of a second. Councilman Pickler. He then asked staff if it was possible for Mr. Masciel to build two stories without coming before the Planning Commission or the City Council. Annika Santalahti, Zoning Administrator. The underlying zoning permits two RM-2400 units based on 2,400 square feet of land per unit. There is about 6,600 square feet on the lot, enough for two units only. It could be one or two story. Mr. McWllliams. He understands that. On behalf of the residents o~ Pearl Street and their supporters, he first thanked the Council for granting them the opportunity for a hearing. They are making an appeal for the preservation of their neighborhood as a desirable place to live. It is a quiet residential area composed of predominantly single family homes and a few duplexes. Pictures were taken of the area on Thursday when the streets were being swept which is the only time there are no vehicles on the street. A petition was signed and presented to the Planning Commission where the change in zoning was denied. The residents petitioned the Planning Commission on July 27, 1987 for a change in direction from medium to low-medium density on the general plan. While they have no objection to senior citizen apartments, they are concerned with the number of units proposed 893 City Hall, Anaheim~ California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M. to which they take strong opposition. It is over-building the property and would create a number of problems not only for the neighborhood, but also for the proposed tenants. Parking is also a concern. If each unit is occupied by two people, the need for three more parking spaces would arise. There would be parking on the street thus compounding the problem that already exists. The alleyway is also too narrow for two cars to pass one another. Maneuverability is also difficult in the alley as evidenced by the posted photograph. Their neighborhood is a very desirable place in which to live and this proposal is going to change what is a quiet, close-knit neighborhood. Margaret Carter, 1224 West Pearl Street. She submitted a petition signed by 70 people who live in the area expressing opposition to the project (made a part of the record). The project will eventually be considered sub-standard housing under the guise of senor citizen housing. The residents like Pearl Street the way it is now and are asking the Council to keep it that way. Mary Dunlap, 1209 Pearl Street. She is speaking for Phyllis Martin owner of the house at 1205 Pearl. Only part of the neighborhood is present because they have had to appear so many times at the various hearings. The Council's decision today could alter the entire atmosphere of their neighborhood. People living there are long-term residents. The neighbors protect each others children and property. They do not want extra people, crowding and a decrease in parking. The developer wants an economic gain on his property. They want quality and not quantity in their neighborhood and are willing to work with the developer. They urged this Council not to destroy the integrity of their neighborhood. Beverly Moore, 1243 West Pearl. The fourplexes are across the street from her. She urged the Council to apply their zoning regulations evenly. They keep mixing them up. On any day but Thursday, there is no parking available on Pearl Street. Trash is also quite a problem. She asked that they consider the matter carefully before allowing too many units to be built on a piece of property. INFORMATION BY APPLICANT: Mr. Masciel refuted statements made in opposition in regard to parking, density, two story structures and quality of construction. Mayor Bay. He asked Mr. Masciel what Justifies not meeting the RM-2400 zone in order to develop at 1,650 square feet per dwelling unit. 894 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. Gary Masciel. There were concerns expressed regarding open space, lot coverage, two stories, privacy and parking. They had to allow for those things. Doing that within Code and not requiring waivers of setback they felt was a justification. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood. She read a condition relating to senior citizen housing relative to the necessity for proximity and accessibility of necessary services to such housing. That they be within walking distance of such facilities as grocery stores, banking services, medical facilities, etc., was the Justification for a parking waiver. Senior citizens would then be able to walk to services that were within two or three blocks thus eliminating the need for a vehicle. That meant they could require less than one half of the parking spaces required of any apartment. This proposal does not meet that particular test. Councilman Ehrle. There is a group of residents concerned about the integrity of their neighborhood. The Council has seen in the inner city people wanting to maintain a detached single family environment as much as possible. The design of the fourplex is very nice and it would be a good project on another street. The location is wrong. Councilwoman Kaywood. She received a great many calls. It is important to preserve neighborhoods such as the subject area. It is a precious resource in Anaheim. She is also pleased that the Planning Commission took action to approve the neighborhood's request for a change to low-mediumdensity in that neighborhood which will be coming to the City Council shortly. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kayw00d, seconded by Councilman Bay, the ¢lty 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. Councilman Hunter was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The title of the following resolution was read by the City Manager. Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. 895 City Hall~ Anabeim~ California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M. Councilwoman Kaywood offered Resolution No. 87R-406 for adoption denying Conditional Use Permit No. 2938 reversing the findings of City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 87R-406: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2938. Roll Call Vote: AYES .' NOES. ' ABSF2IT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Bay None Hunter The Mayor declared Resolution No. 87R-406 duly passed and adopted. RECESS: By general consent the Council recessed for five minutes. (5:21 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Hunter. (5:25 p.m.). 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2934AND NEGATIVE DECLARATION: APPLICANT: Ruby G. Delgado 102 Eucalyptus Drive, Anaheim, Ca. 92807 REQUEST/ZONING/LOCATION: Requests to permit a synagogue with classroom and day care facilities on RS-HS-22,000(SC) zoned property located at 102 South Eucalyptus Drive, with the following Code waivers: (a) Permitted location of parking lot, (b) minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC87-152 denied Conditional Use Permit No. 2934; approved EIR Negative Declaration. HEARING SET ON: The decision of the Planning Commission was appealed by the applicant and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 17, 1987. Posting of property September 18, 1987. Mailing to property owners within 300 feet - September 18, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 3, 1987. APPLICANT'S STATEMENT: Fred Cohen, Attorney, and also a member of Friends of Lubavitch of Orange County which is the proposed usage of the property. The Conditional Use Permit does not violate the standards imposed on governmental authority that must be met as a condition of granting the permit. The proposed use of the 896 City Hall, Anaheim~ California - COUNCIL MINUTES - September 29~ 1987, 1:30 P.M. property for religious and educational purposes is not detrimental to the peace, health, safety and general welfare of the City nor is it injurious to the property or improvements of the surrounding neighborhood. The proposed use would be a vast improvement over the present state of the property. The school would only have a student population of approximately 25 students, many of whom arrive in carpools. Traffic entering and leaving the property is minimal. There will not be additional traffic congestion on Eucalyptus because of the proposed religious use. The synagogue has only limited membership and operates primarily on Saturdays and other Jewish holidays. Being the first property off Santa Ana Canyon Road, the homeowners uphill will not be affected by the small amount of traffic into or out of the site. "Traffic" would be comprised primarily of local residents who would be using the streets in any event. Any additional traffic along Santa Ana Canyon Road as a result of the proposal would be minimal in relation to current traffic levels. There is no other traditional Jewish synagogue in the immediate area. The needs of the people in the community must be served. The sanctuary will be reduced to 1,900 square feet which should eliminate the problem raised in the staff report. With a facility less than 2,000 square feet, 33 parking spaces are three more than required. allocated to library and used concurrent with the over-crowding. The site nothing the Council says Public Social Services. The remaining spaces would be study space. Classrooms would not be synagogue thus there will be no is adequate for pre-school needs and or does can alter the requirements of The school has ample square footage both indoors and out for school children. The corporation has no difficulty with any of the conditions imposed on the project with the exception of Condition No. 4. It is a small non-profit corporation with limited membership. It is unfair to require the organization to bear the entire burden of construction for street improvement along Santa Ana Canyon Road. The corporation would be willing to share the cost of construction along with other residents of the area. The most vocal objector to the proposed usage is a resident adjoining the property who is also a developer. It is his understanding that that resident wants the property for his own use. Mr. Delgado is present and can confirm what he has Just stated. Rabbi David Eliezrie. Chabad is a national Jewish organization involved in various community services interested in operating a neighborhood synagogue in Anaheim Hills. Although it is a beautiful area providing for schools and shopping centers, one area not dealt with was the area of religion. Property was never designated for church use and a planning oversight by the City. It is difficult for a small congregation to find property which can serve their needs. The site is approximately one acre. It is 897 City Ha11~ Anaheim~ California - COUNCIL HINUTES - September 29~ 1987~ 1:30 an eyesore at the present time. According to the Code, a church or synagogue is a permitted use in a residential area. They are not a big synagogue. As a rule 20 to 25 people attend services on Saturday morning, even those that have existed for many years. They feel the one acre facility would be adequate. At present there are no Jewish education facilities in Anaheim Hills. Jewish families now have to commute 5 to 15 miles. They are a small congregation and do not have resources to buy a large amount of property. He found close to 20 churches in Anaheim that were of one acre or less. They are asking that the City Council overturn the ruling of the Planning Commission. If they do not get this property, they will have a serious problem of where they will go next. PUBLIC DISCUSSION- IN FAVOR: Ginny Gordon, 7718 East Camino Tampico, five houses away. She has three children and is trying to provide their educational needs as far as their Jewish background. The closest temple is a 25 mile drive. This facility is in desperate need in Anaheim Hills. Homeowners are opposed because of traffic down Eucalyptus but it is not necessary to travel up and down Eucalyptus. It will be possible to back up a vehicle in the parking lot without having to use Eucalyptus. Sunny Harrison, 394 South Silverwood Drive. She also has children of the Jewish faith and has to drive 25 minutes one way to provide their Jewish education. Traffic on Santa Ana Canyon Road between 4:00 p.m. and 6:00 p.m. would not be heavily travelled with pre-school children which was the prime concern of the Planning Commission. Lloyd Einstein, 751 Circulo Circle. The needs of family in Anaheim Hills would be served by this facility. There is no facility that they can count on like the one proposed. He has to go to Fullerton for his religious congregation. He has been to Chabad in Irvine and it is harmonious with the area it is in. PUBLIC DISCUSSION- IN OPPOSITION: Ray Kahn, 108 South Eucalyptus. He has petitions signed by the neighborhood in opposition. (Submitted was "Petition of Concerned Property Owners in Opposition to Application for a Conditional Use Permit" - attached to which were the petitions - made a part of the record.) The major concerns and comments are: although the property is one acre, ultimately the land available to be built on after easements are taken into consideration will be close to only one half acre; on Eucalyptus and in surrounding areas, the zoning is one half acre for single family homes; the property will be overburdened with the proposed project; parking required is 55 and only 34 spaces are going to be provided; the 898 City Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987~ 1:30 P.M. distance between his bedroom and where the cars will be parked on the church property is only three to five feet; Eucalyptus is a very narrow sub-standard and steep street with no sidewalks; a hazard will be created for the children attending the synagogue as well as the children on Eucalyptus; the noise level will increase from the use as well as an increase in traffic; the property is a nuisance at the present time with vagrants living on it and residents would like to see that property cleaned up in any case; the area does not have a sewer but septic tanks and he has yet to see a septic tank that can serve 75 people; the neighborhood would like to buy the property and put a pool on it for neighborhood use; there is no way to police the uses proposed once established; it is for the neighboring residents to decide if the use is detrimental to the neighborhood and all of them have decided it will be detrimental to the peace and enjoyment of their property. (Mr. Kahn later showed slides of the property, surrounding area, and homes in the area.) Dorothy H. Autry, 1726 Lake Street, Huntington Beach. She is the owner of three and-a-half acres immediately adjoining the subject property. She has owned the land since 1958 including three and one half acres more which have been sold including the parcel sold to Mr. Delgado. She does not want more than homes on her property. She has filed a Declaratory Relief Action to clarify her right to the 20 foot easement which she reserved when she sold the property to Mr. Delgado and also to enforce the removal of the fence encroaching on her property. That easement is for her property when she develops it. This unique area of lovely homes is not suitable for anything but homes. She does not believe that the church thinks they will not grow. There are other alternatives for Mr. Delgado relative to the use of the land which will be more appropriate and acceptable to all. The residents do not want any religious or day school of any kind on that property but only homes. The proposal does not fit into the area. She confirmed for Councilman Ehrle that she originally owned the parcel and sold it to Mr. Delgado in 1965 and the intent was that there be a home on the property. Her intent is to build homes on her property and that is why she reserved the easement. Jim Ferrell, 116 South Eucalyptus Drive. There are 36 homes above the subject property. The proposed synagogue will be at the entrance to their street. When it rains there is an exposed mud wall all along the 300 or 400 feet up the road. The hill is too steep and when it rains presents a real danger. Santa Ana Canyon Road is already too dangerous. There is no room for any excess parking unless the grass is used. The closest parking would be across Santa Aha Canyon Road. It is the wrong site for the proposed use. His main concern is for his children who have to get off their bus next to the traffic already going 55 miles per hour on Santa Ana Canyon Road. The day school facility is going to mix kids with 899 City Hall~ Anahetm~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M. cars. The Planning Commission said no - it is the Council's turn to say no. Michael Frey, 116 North Eucalyptus. The issue is location. The proposed use will be a detriment to the area. It is a poor location for a synagogue. Eve Miller, 7688 East Calle Durango. Four years ago the area was County property and it was subsequently annexed to Anaheim. The residents purchased when it was in the County. Their main concern is that it must stay single family quiet residential as well as their concern over traffic and safety. They have been told Santa Aha Canyon Road is going to become a six lane highway. Many children are already walking to E1 Rancho and Canyon High School. They do not want to put their children in danger. Aja Syed, 7688 Calle Durango. Every day he has to drive up Eucalyptus to the baby sitter's house. It is dangerous to cross Santa Aha Canyon Road even at noon time. He has talked to more than 11 residents who have to live with the proposed project and only one is in favor of it. The property is too small for the proposed use and nobody wants it there. Rich Bose, 7675 Eucalyptus. The area under discussion is a totally unplanned development. Thirty five homes are serviced by a dead end street. The slope of the road coming in from Santa Ama Canyon Road is approximately 45 degrees. Mayor Bay. He interjected and reported this is not a City street. Only a very small portion is City. The rest is private road and it was that way when it was annexed from the County in the early 1970s. The condition of the street while not germain to the situation is not to Anaheim's standards. As long as there are private roads such as Eucalyptus, it is up to the residents to decide what improvements will take place. Mr. Bose. They tried to have the City take it over but the cost was prohibitive. One side of the street is almost a cliff. No one maintains the street. There was no one house going to maintain the road including the synagogue. Nick Hergengreter, 7710 Autry Drive. None of the residents are in favor of the project. to cause a lot of congestion. It is going 900 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. SUMMATION BY APPLICANT: Mr. Fred Cohen. He refuted many of the concerns expressed by the residents in regard to traffic, drainage, location, parking, noise, etc. At no time has it been represented that the synagogue has 70 members. The religious school, even if there were 30 children, with staff there may be 35 people on site at any one time. The latest anticipated usage is 10:00 p.m. for any one evening. Until 8:00 the next morning, the premises would be vacant. Relative to the easement, they cannot change the terms. If Mrs. Autry or anyone else is effected by the easement and has a right of ingress and egress over the subject property, that will be honored. The property is ideally suited for the purpose that is requested despite the objection of the resident owners. The idealness of the site should rest with the party seeking to use the premises. It does not impair the health, safety or morals of the community. It will aesthetically improve the subject property. He urged the Council to overturn the Planning Commission's decision. A line of questioning was posed to Rabbi Eliezrie by Councilwoman Kaywood relative to certain aspects of the proposal with input also given by the Zoning Administrator. It was also confirmed that the property at present is in escrow and the escrow could close only if the Conditional Use Permit is granted. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood. She noted the basis on which the Planning Commission denied the project was parking and ingress and egress on Santa Ana Canyon Road by way of Eucalyptus and that it was inadequate and unsafe. Annika Santalahti, Zoning Administrator. There were two primary issues. A parking waiver was requested for the plans that they had even though they submitted a parking analysis, the Traffic Engineer was not comfortable with it. The Commission was especially uncomfortable because of the private road and no alternative means provided; ~he location of ~he access to the parking area from Santa Aha Canyon Road; and certainly the opposition. The Traffic Engineer did not talk about the situation being unsafe. It was basically the parking, with this particular setup of the synagogue, there was not the concern of the Traffic Engineer that there might be with a lesser traffic generator. She confirmed it was not the Traffic Engineer's recommendation but the Planning Commission. Councilman Pickler. He firmly believes religious sanctuaries belong in residential areas and will always affirm that. He is also familiar with Chabad and the good that they do. He has approved other 901 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M. religious facilities in the Anaheim Hills area that have had adequate parking, proper screening, etc. He realizes that parking may not be the problem at this time but if the church grows, problems are going to arise. The location is not a good one for a church. Santa Ana Canyon Road is going to be widened and there are problems now on Eucalyptus. There is overwhelmin~ opposition from the residents in the area. The property is not large enough to accommodate the use and will not be adequate in the future to do the job that is needed. Councilman Ehrle. There is no one on the Council who does not want to see a synagogue in Anaheim Hills. The property is not hooked up to sewer lines, there will be a prefab building which he does not believe is compatible, there are only 33 parking spaces, the property is too small. It is the wrong use of the land. He would like to see done what other churches are doing right now. Anaheim Hills is a planned community and it should provide for schools and churches. He encouraged the applicants to talk to Frank Elfend who represents some of the developers in the area with the possibility of developing a program where they can purchase two acres and perhaps negotiate a trade off, one which will accommodate their proposal on a long term basis. Mayor Bay. He agrees with the findings of the Planning Commission who denied the project for very good reasons. He would like to see the group find a place for their synagogue but the right place. The subject property is not the right place. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Hunter was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The title of the following resolution was read by the City Manager. Councilman Bay moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. Councilman Hunter was absent. CARRIED. MOTION Councilman Bay offered Resolution No. 87R-407 for adoption denying Conditional Use permit No. 2934 sustaining the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 87R-407: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2943. 902 Cit7 Hall, Anaheim, California - COUNCIL MINUTES - September 29, 1987, 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter Pickler, Kaywood and Bay The Mayor declared Resolution No. 87R-407 duly passed and adopted. 106: FISCAL YEAR 1987-1988 RESOURCE ALLOCATION PLAN: Recommendation for balancing FY'87/'88 Resource AAlocation Plan. This matter was continued from the meeting of September 22, 1987 to this date. Mayor Bay asked if there was some direction needed before two weeks from today regarding the budget. Bob Simpson, Interim City Manager, stated the information they have given the Council on the budget has not changed. He confirmed they are still looking for specific direction from the Council on capital improvements involving the Police Department. That issme is still on hold. MOTION: Councilman Bay moved to continue discussion on the fiscal year 1987/1988 Resource Allocation Plan for two weeks. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCE AND RESOLUTIONS: The titles of the following resolutions were read by the City Manager. Councilman Pickler moved to waive the reading in full of the ordinance and resolutions. Councilman Bay seconded the motion. MOTION CARRIED. 153/142: ORDINANCE NO. 4867: Councilwoman Kaywood offered Ordinance No. 4867 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4867: AN ORDINANCE OF THE CITY OF ANA/iEIM AMENDING SECTION 1.04.110 OF CHAPTER 1.04 F0 TITLE 1 OF THE ANAHEIM MUNICIPA~ CODE REIATING TO OFFICERS AND DEPARTMENTS. Roll Call Vote: AYES NOES ABSEN COUNCIL MEMBERS '. COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Bay None Hunter The Mayor declared Ordinance No. 4867 duly passed and adopted. 153: RESOLUTION NOS. 87K-408 THROUGH 87R-410: Councilman Bay offered Resolution Nos. 87R-408 through 87R-410, both inclusive, for adoption. to Resolution Book. Refer RESOLUTION NO. 87R-408: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-364 WHICH ESTABLISHED RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (effective October 30, 1987) 903 City Ha!l, Anaheim~ California - COUNCIL MINUTES - September 29~ 1987~ 1:30 P.M. RESOLUTION NO. 87R-409: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-362 WHICH ESTABLISHED RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT. (effective October 30, 1987) RESOLUTION NO. 87R-410: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-363 WHICH ESTABLISHED RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (effective October 30, 1987) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Bay None Hunter The Mayor declared Resolution Nos. 87R-408 through 87R-410, both inclusive, duly passed and adopted. 179: ORDINANCE NO. 4868: Councilman Bay offered Ordinance No. 4868 for first reading. ORDINANCE NO. 4868: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclass. 85-86-15, BM-1200, 891 South Walnut) ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. Before the meeting concluded, City Manager Simpson suggested if the Council wanted to have another briefing on labor negotiations they might want to recess to that session which would take place before the meeting of October 13, 1987 since a quorum was not anticipated next Tuesday. A general consensus was determined that the Council would adjourn to Tuesday, October 13, 1987at 10:00 a.m. for the purpose of a closed session on labor relations. (The City Clerk will adjourn the meeting of October 6, 1987 due to lack of a quorum to Tuesday, October 13, 1987 at 10:00 a.m.) Mayor Bay announced that a quorum was not anticipated for the Council meeting of October 6, 1987, due to the League of California Cities meeting to be held in San Francisco. ADJOURNMENT: the motion. Councilman Bay moved to adjourn. Councilwoman Kaywood seconded Councilman Hunter was absent. MOTION CARRIED. (7:31 p.m.) LEONORAN. SOHL, CITY CLERK 904