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1985/02/05City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Leonora N. Sohl EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norm J. Priest ASSISTANT DIRECTOR FOR ZONING: Annika Santalahtf TRAFFIC ENGINEER.: Paul Singer CODE ENFORCEMENT AND HOUSING SUPERVISOR: John Poole Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend John Lenihan, St. Boniface Catholic Church, gave the Invocation. FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "Medical Assistants Week" in Anaheim, February 17-24, 1985, "Children's Dental Health Month" in Anaheim, February, 1985, "Rural Crime Prevention Month" in Anaheim, February, 1985, "Selective Service Registration Awareness Month" in Anaheim, February 1985. Faye King accepted the Medical Assistants Week proclamation; Doctor Robert Simon accepted the Children's Dental Health Month proclamation; G. Albert Howenstin, Jr. accepted the Rural Crime Prevention proclamation; and Frank Johnson III and Salvador Montenegro accepted the Selective Service Registration Awareness proclamation. 119: P~$0LUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to M. W. "Hutch" Hutchison, upon his retirement from the Southern California Gas Company after 33 years of service and recognizing his service to the community. 119: PRESENTATION: Mr. and Mrs. Jim Stovall, Thee White House Restaurant, accompanied by Carol Hammond and Barbara Beam presented a $1,500 check to Mrs. Theresa Pawloski who accepted it on behalf of Anaheim Museum, Inc. The check represented proceeds from the dinner given by the Stovalls at Thee White House Restaurant honoring the Mayor and Mrs. Roth. Mr. Mark Hall Patton, Museum Director, was also present. Mrs. Pawloski expressed deep appreciation for the generous contribution. 93 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held January 22, 1985. Councilman Pickler seconded the motion. MOTION CARRIED. 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 ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 31,918,863.91, in accordance with the 1984-85 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Overholt, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 85R-57 through 85R-66, both inclusive, for adoption. Councilman Pickler offered Ordinance No. 4577 for first reading. 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 John R. Goodman for personal injury damages sustained purportedly due to negligence on the part of the City at Dad Miller Public Golf Course, on or about October 4, 1984. b. Claim submitted by Phil McWillfams for personal property damages sustained purportedly due to hole in street on Harbor Boulevard in front of the McDonald's under construction, on or about December 20, 1984. c. Claim submitted by Virginia P. Ortega for personal injury damages sustained purportedly due to an accident caused by obstruction of City shrubbery on Harbor Boulevard approximately 586 feet south of Katella Avenue, on or about September 15, 1984. d. Claim submitted by Josette Swanson for personal property damages sustained purportedly due to out-of-place manhole cover at the southeast corner of Beach and Ball, on or about December 14, 1984. e. Claim submitted by Guarantee Chevrolet Motors, Inc. for indemnity based on Superior Court Case No. 43-50-79, Jon Fazzio vs. Guarantee Chevrolet. f. Claim submitted by Thua Van Nguyen for personal injury damages sustained purportedly due to an accident on northbound I-5 between Ball and Lincoln, on or about September 27, 1984. 94 City Hall~. Anaheim~ California - COUNCIL MINUTES - February .5, 1985, 10:00 A.M. g. Claim submitted by Diep Ngoc Thi Nguyen for personal injury damages sustained purportedly due to an accident on northbound I-5 between Ball and Lincoln, on or about September 27, 1984. h. Claim submitted by Tan Van Dang for personal injury damages sustained purportedly due to an accident on northbound I-5 between Ball and Lincoln, on or about September 27, 1984. i. Claim submitted by Khanh Cong Ly for personal injury damages sustained purportedly due to an accident on northbound I-5 between Ball and Lincoln, on or about September 27, 1984. 2. Receiving and filing the following correspondence: (on file) a. 105: Park and Recreation Commission--Minutes of November 28, 1984. b. 105: Community Redevelopment Commission--Minutes of January 9, 1985. c. 114: City of San Juan Capistrano Resolution No. 85-1-122-3, in support of the establishment of a southwest coastal rail transportation corridor. 3. 108: Approving an application for a Public Dance Permit submitted by Nick Estrella Ramirez, for New Generation Productions, to hold a dance at the Anaheim Convention Center on March 16, 1985. 4. 175/123: Consenting to the Amended and Restated Agreement of Assignment and Consent between San Diego Gas & Electric Company and SONGS Fuel Company for the Uranium Enrichment and Storage Contract (Contract No. DE-SCO5-84UE07541) San Onofre Nuclear Generating Station. 5. 175/123: Authorizing a lease agreement with the State Lands Commission and the Southern California Edison and San Diego Gas & Electric Company for San Onofre Nuclear Generating Station to incorporate the Cities of Anaheim and Riverside as co-lessees, at a cost of $4,582.52 of the rental burden, and authorizing the proposed Assignment of Land Rights between the Southern California Edison Company and the cities of Anaheim and Riverside. 6. 123: Authorizing the Third Amendment to Agreement with Richards, Watson, Dreyfuss and Gershon increasing the maximum fees from ~19,500 to ~30,000, and incorporating all planned labor negotiations legal services for the remainder of calendar year 1985. 7. 123/153: Authorizing the Human Resources Director to execute a Cost Service Contract Agreement with the State Personnel Board for specialized technical personnel services, for the term February 28, 1985 thru February 27, 1988. 8. 123: Authorizing a contract with Elfend and Associates in an amount not to exceed ~19,350 to prepare an Environmental Impact Report and General Plan Amendment on surplus properties at Anaheim Hills Golf Course. 95 City Hall~ Anaheim, California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. 9. 164: RESOLUTION NO. 85R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE LEMON STREET STORM DRAIN COMMERCIAL STREET TO ANAHEIM BOULEVARD IN THE CITY OF ANAHEIM, ACCOUNT NOS. 34-791-7325-E1290, 17-791-6325-E1290, 11-790-6325-E0540 AND 51-606-6329-02264. (Awarding a contract to the lowest and best responsible bidder, John T. Malloy, Inc., in the amount of 5498,376) 10. 164: RESOLUTION NO. 85R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE COUNTRY HILL ROAD STORM DRAIN IMPROVEMENT 2734 FEET SOUTH OF MOHLER DRIVE TO 2889 FEET SOUTH OF MOHLER DRIVE IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-792-6325-E2050. (Awarding a contract to the lowest and best responsible bidder, Gillespie Construction in the amount of 56,550) 11. 169: RESOLUTION NO. 85R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE VINTAGE LANE - CYPRESS STREET TO 500' SOUTH OF CYPRESS STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-E2840. (Awarding a contract to the lowest and best responsible bidder, Kershaw Construction of Montclair in the amount of 5230,420.60 for Street, Storm Drain Water Masonry Sound Wall, Street Light and Landscape PLanting, Irrigation Improvements) 12. 169: RESOLUTION NO. 85R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE LA PALMA AVENUE STREET IMPROVEMENT 530' EAST OF TO 58' EAST OF KRAEMER BOULEVARD IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-E2080. (Awarding a contract to the lowest and best responsible bidder, Mac-Well Company of Anaheim in the amount of 510,353.53) 13. 169: RESOLUTION NO. 85R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM BOULEVARD STREET, STORM DRAIN, ELECTRICAL AND WATER IMPROVEMENT, BROADWAY TO BALL ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-792-6325-E2580 AND 53-619-6325-09024. (Silveri and Ruiz Construction Company, contractor, and authorizing filing of the Notice of Completion therefor) 14. 167: RE~0LUTION NO. 85R-62: A RESOLUTION OF T~E CITY COUNCIL OF T~E CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LOARA HIGH SCHOOL TENNIS COURT LIGHTING IMPROVEMENTS IN THE CITY OF ANAHEIM, ACCOUNT NOS. 16-838-7103 AND 24-838-7103. (Dewco General Contractors and Developers, contractor, and authorizing filing of the Notice of Completion therefor) 15. 169: RESOLUTION NO. 85R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: STATE 96 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. COLLEGE BOULEVARD STREET AND STORM DRAIN IMPROVEMENTS IN THE CITY OF ANAHEIM, ACCOUNT NOS. O1-793-6325-E3810AND 01-791-6325-E1340. (Griffith Company, contractor, and authorizing filing of the Notice of Completion therefor) 16. 179: RESOLUTION NO. 85R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2423 AND DECLARING RESOLUTION NO. 72R-448 NULL AND VOID. (Terminating Variance No. 2423, to construct two lighter box signs in conjunction with an existing freestanding sign on property located at 3450 West Lincoln Avenue, in accordance with conditions of approval of Conditional Use Permit No. 2594) 17. 158: RESOLUTION NO. 85R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 18. ORDINANCE NO. 4577: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SUBSECTION .0121 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (First reading of Ordinance to reduce required parking for bachelor units) Roll Call Vote on Resolution Nos. 85R-57 through 85R-65: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution Nos. 85R-57 through 85R-65, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 123/128: APPROVING THE FINANCING TEAM FOR CERTIFICATES OF PARTICIPATION - CITY OF ANAHEIM CAPITAL IMPROVEMENTS PROJECT B - $4,585,000 AND APPROVING THE PRELIMINARY OFFICIAL STATEMENT THEREFOR: (A) Approving a financing team and authorizing agreements with Merrill Lynch; as Underwriter, in an amount not to exceed ~94,000, and Jones, Hall, Hill and White; Bond Counsel, in an amount not to exceed ~27,925 plus out of pocket expenses not to exceed ~2,500, to provide legal services for the purpose of funding the Certificates of Participation in the amount of ~4,585,000 relating to Capital Improvements Project B, and (B) Approving the Preliminary Official Statement for Certificates of Partic~pation in the amount of ~4~585,000 relating to Capital Improvements Project B and authorizing certain actions with respect thereto. Submitted was report dated January 28, 1985 by the Program Development and Audit Department recommending approval of (A) and report dated January 24, 1985 also from the Program Development and Audit Department recommending approval of (B) (on file in the City Clerk's Office). Councilman Bay stated he was not a member of the Anaheim Public Improvement Corporation (APIC) and did not intend to be a Member primarily because he had differences of opinion in principle on the method of financing certain operations within the City which he considered a deficit spending method of 97 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. borrowing money in advance to accomplish such improvements/operations. (See Council minutes of January 29 where the matter was discussed and where Councilman Bay gave his reasons for not wanting to be a Member of that Corporation). He then posed questions relative to the Certificates of Participation (C/P) and the issuance costs involving the underwriter, Merrill Lynch and Bond Counsel, Jones, Hall, Hill and White and other related questions which were answered both by City Manager William Talley and Sharon White of Jones, Hall, Hill and White. Councilwoman Kaywood then referred to certain figures contained in the Preliminary Official Statement dated February 5, 1985 and questioned their accuracy as well as typographical errors she asked be corrected before the document was sent out; City Manager Talley stated staff would check the figures to be certain they were correct. Councilman Bay noted that the Preliminary Statement throughout implied that the APIC consisted of all five Council Members; Mrs. White clarified that the statement would be modified to reflect who exactly was on the Board and in the document on the page describing the Corporation it would reflect the fact that Councilman Bay was not a Member of the Board. MOTION: Councilman Pickler moved to approve a financing team and authorizing agreements with Merrill Lynch; as Underwriter, in an amount not to exceed $94,000, and Jones, Hall, Hill and White; Bond Counsel, in an amount not to exceed ~27,925 plus out of pocket expenses not to exceed ~2,500, to provide legal services for the purpose of funding the Certificates of Participation in the amount of 34,585,000 relating to Capital Improvements Project B. Councilman Overholt seconded the motion. Councilman Bay voted "no." MOTION CARRIED. Councilman Pickler offered Resolution No. 85R-66 for adoption, subject to the modifications/refinements as discussed. Refer to Resolution Book. RESOLUTION NO. 85R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Pickler~ Overholt and Roth Bay None The Mayor declared Resolution No. 85R-66 duly passed and adopted. 170: TRACT NO. 10981--FINAL MAP AND EQUESTRIAN TRAIL MAINTENANCE AGREEMENT: Kent Land Company of Irvine, requesting app'r'oval of the Final Map of Tract No. 10981, consisting of a 163-1ot, RS-5000(SC) zoned subdivision located south of Monte Vista Road, west of Weir Canyon Road, and an agreement granting an easement for equestrian and hiking purposes to the East Hills Property Owners Association and agreeing to maintenance of subject equestrian trail. 98 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5~ 1985, 10:00 A.M. MOTION: Councilman Roth moved to approve the Final Map for Tract No. 10981, and to authorize an Equestrian Trail Maintenance Agreement as recommended by the City Engineer in his report dated January 25, 1985. Councilman Overholt seconded the motion. MOTION CARRIED. 107: COUNCIL DISCUSSION ON CODE ENFORCEMENT POLICY: City Manager William Talley noted that Mr. Norm Priest, representing the Community Development Department was prepared to make opening remarks and the Code Enforcement Manager, John Poole had provided report dated January 29, 1985, "Re: Update Lynn/Jeffrey apartment area inspections" (on file in the City Clerk's Office). He then clarified that relative to the established Code Enforcement Policy, staff was working in a reactive mode, i.e., responding to complaints. However, when an area produced complaints in virtually every building and Code Enforcement was in that area, all buildings were inspected rather than going back on repeat complaints, the Lynn/Jeffery area being an example. Unless there was such a complaint, staff only responded on an individual building or incident basis. Mr. Norm Priest, Executive Director of Community Development, added that while the policy was reactive, staff had used the mechanism of an area complaint to work throughout an area if an entire area was so designated or under a validated complaint. Staff had done so in three neighborhoods to date. In the Lynn/Jeffery area, there were an excess of 350 individual complaints on over 112 units. Staff had gone in and did not meet with any substantial resistance. In fact, the reverse was true and residents had encouraged Code Enforcement efforts in that area. Code Enforcement had not advised Council prior to going into the Lynn/Jeffery area, but would do so in any other such activities. Councilman Bay stated the key issue today was the opinion of the Council on whether the staff had overridden the policy of the Council or not. He did not feel Code Enforcement stepped beyond the boundaries of his interpretation of the reactive Code Enforcement policy established in the City. Councilman Overholt felt the issue was whether the Council's policy was sufficiently defined to avoid what could be construed as staff overstepping. He believed before there was a door-to-door sweep of an area, the decision under the present reactive policy did not contemplate a determination by staff that a door-to-door sweep was needed without the Council having the opportunity to share in that decision. That was his major concern. John Poole, Code Enforcement Manager, submitted to the Council a Tract Map of the Lynn/Jeffery area showing the 1984 Record of Violations and photographs showing specific blatant housing and safety violations in that area. Councilwoman Kaywood stated she had no objection to the Code Enforcement procedure in the Lynn/Jeffery area. She emphasized how necessary it was to preserve the existing housing stock in the City and was concerned that these areas had been allowed to deteriorate. Where there were numerous complaints, she was in favor of a door-to-door inspection. If they could take the profit out of having slum dwellings, the whole City would benefit. 99 City Hall.~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. Councilman Pickler felt that the present City policy on Code Enforcement was working well and the City should continue in that direction with perhaps notification to the Council should it be deemed necessary. It was a good policy and should be maintained. Councilman Overholt stated he wanted more than notice. A Member of the Council or the Council as a whole should have the opportunity to ask questions regarding a blanket sweep; Mr. Priest stated staff could give five days or a week's notice. Councilman Overholt stated if that were done, he was satisfied. Mayor Roth clarified that he had no objection to the "sweep" of the Lynn/Jeffery area only the fact that it was different since it involved going in with Members of the Orange County Health services and also that the Council was not advised and subsequently caught by surprise by the media. Otherwise, he was satisfied with the current Code Enforcement program. ** City Manager Talley stated staff would continue to proceed as before and would look at those areas and where staff felt there was going to be an investigation of the general area, the Council Would be advised by a memorandum. If any Council Member had an objection for any reason, that staff be notified that the matter would be brought up at the next Council meeting so that the issue could be dialogued by the Council. Councilman Bay stated he had no problem with that but wanted to be sure that he understood the management prerogative still stands as to the initial decision of where door-to-door inspection was needed and if there was agreement amongst the Council on that, he too was satisfied. MOTION: Councilman Overholt moved that in the event a request is made by a significant number of interested parties or from the Neighborhood Councils to have an evening Public Hearing in the near future to discuss the City's Code Enforcement policies, that that request be granted. Councilman Pickler seconded the motion. Before a vote was taken, Councilwoman Kaywood stated her interpretation of the request for a night meeting (see minutes of January 29, 1985) was that some citizen~ were concerned that the Council was possibly going to cut back on Code Enforcement or not permit door-to-door inspections. Since the Council agreed on the current policy and with the actions by the Code Enforcement staff, she did not believe there was any reason to hold a hearing just to hear that the citizenry was also in agreement. Councilman Overholt clarified the reason for his motion was the fact that he promised Mr. Erickson at the January 25, 1985 meeting that he would make such a motion in any case. Mayor Roth stated with reference to the letters the Council received on the issue from a number of citizens, that they should be pleased with the Council determination today that Code Enforcement had not stepped beyond the boundaries of the interpretation of the current reactive Code Enforcement 100 ** The Mayor referred to letter dated January 28, 1985 from Sheri Pignoni, 1181 Crown Street in which she lodged a formal blanket complaint on 11 areas in the City. Cit7 Hall~. Anaheim, California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. policy. He emphasized the City was going to continue its enforcement efforts and not tolerate substandard living conditions. A vote was then taken on the foregoing motion. MOTION CARRIED. 179: ORDINANCE NO. 4567 - SENIOR CITIZEN APARTMENT PROJECTS: Amending Chapter 18.94 to, and amending and repealing various subsections and sections of Title 18 of the Code pertaining to the development of Senior Citizens' apartment projects. This matter was continued from the meetings of January 8, 15, 22, and 29, 1985, (see minutes those dates). Councilman Roth offered Ordinance No. 4567 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4567: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.94 TO, AND AMENDING AND REPEALING VARIOUS SUBSECTIONS AND SECTIONS OF CERTAIN SPECIFIED CHAPTERS OF, TITLE 18 OF TfIE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Before a vote was taken, Councilwoman Kaywood expressed concern over the fact that the ordinance provided that there could be two people in a bachelor unit with .8 parking spaces. Even with one driver, there was a parking shortage immediately. Also, square footage for a bachelor unit was 400 square feet where elsewhere it was referred to as being much larger (550 square feet). It was also indicated elsewhere that a bachelor unit could only have one person residing in it. She was now concerned that two people could reside in a 400 square-foot unit and both occupants could be drivers. She again reiterated her concern that a visitor was limited to 60 days in a year but there could be another visitor who could also stay for 60 days which could turn into year-round occupancy. Councilwoman Kaywood also reiterated her deep and continual concern relative to SB1553 authored by Senator Boatwright and passed by the legislature which became effective January 1, 1985 allowing residents of Senior Citizen projects to be 55 years of age with the other person living in the same unit having no age limitation. She felt whatever Senator Boatwrtght intended, he had done a disservice to the State of California and to whatever benefits could have been derived to promote Senior Citizen housing. She could not vote to give huge parkln§ waivers for such projects under the provisions of that law which she otherwise would do if the age limit were 62 instead of 55. City Attorney William Hopkins stated as pointed out by Councilwoman Kaywood, the last paragraph in the January 30, 1985 memorandum from Assistant City Attorney Jack White should reflect, "...the number of total residents in a bachelor unit does not exceed two at any one time...", the not having been erroneously omitted. A vote was then taken on the foregoing ordinance. Roll Call Vote: 101 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 4567 duly passed and adopted. 179: ORDINANCE NO. 4574: Councilwoman Kaywood offered Ordinance No. 4574 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4574: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTIONS .075 AND .375 TO SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Banks and Recycling/Resources Recovery Transfer Facilities in the ML Zone) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance No. 4574 duly passed and adopted. 179: ORDINANCE NO. 4575 - GROUND MOUNTED ANTENNNAES: Adding new subsections .065 to Sections 18.21.030, 18.26.030, 18.27.030, 18.31.030, 18.32.030 and 18.34.030 of the Code, pertaining to ground mounted antennas (including satellite dish-type antennas). Mr. Dale Magaro, 2252 West Falmouth, an amateur Radio Operator, stated he was informed about the proposed ordinance approximately a month ago when he came to the City to obtain a permit to build a 35-foot antennae structure. He was then presented with a list of things he had to do to qualify the location and height restrictions of his 33-foot antennae. He was asking that an amendment be included in the ordinance to allow the amateur community to still be allowed to put up their antennas to a height of 35 feet. He also referred to Senate resolutions at the Federal level being proposed by Senator Barry Goldwater preempting height limitations and locations for amateur radios and the other pertaining to City ordinances restraining restrictions on satellite TV reception and antennas. Another item not clear was relative to ground mounted antennae. Annika Santalahti, Assistant Director for Zoning, explained that until the ordinance was drafted, there were no zoning regulations establishing any standards for antennas. In practice, the Planning Department used the height of the zone, (except the scenic corridor) in which the property was located to determine it usability. When the matter was before the Planning Commission and it was decided that the height of the zone was probably an adequate guide, typically 25 to 35 feet. The Commission asked that staff check with the industry people particularly on the satellites as to whether that height limitation would be any problem and were told it would not be. In fact, most of the normal satellite dishes in a residential yard probably would be in the range of 12 feet above grade. 102 City Hall~. Anaheim~ California - COUNCIL MINUTES - February 5, 1985, lO:OO A.M. Councilman Bay asked, referring to the documentation, if the ordinance passed as currently stated would it automatically limit other antennae not associated with satellite dish types to 12 feet in height; Miss Santalahti did not believe the height limitation was set at 12 feet, but that the proposed amendment allowed the height of the zone in which the antenna would be located. She had a copy of the documentation submitted to the Planning Commission and it did not include the 12-foot restriction. The 12-foot satellite restriction was a modification that came out of the Planning Commission because of staff contacting the industry and that was the one intended to be before the Council today. MOTION: Councilman Roth moved to continue Ordinance No. 4575 for one week to give an opportunity for clarification of the provisions contained therein. Councilman Bay seconded the motion. MOTION CARRIED. The Mayor also suggested that Mr. Magaro work with Miss Santalahti relative to the concerns he (Magaro) expressed. 179: ORDINANCE NO. 4576: Councilman Roth offered Ordinance No. 4576 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4576: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 78-79-25, RS-HS-iO,OOO(SC) east side of the Imperial Highway, south of centerline of Nohl Ranch Road) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance No. 4576 duly passed and adopted. 179: ORDINANCE NO. 4578: Councilwoman Kaywood offered Ordinance No. 4576 for first reading. Refer to Ordinance Book. ORDINANCE NO. 4578: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 80-81-9 Portion "A," RS-HS-22,000(SC) Tract Nos. 10996 and 10997 Portion "B," RS-HS-43,000(SC) Tract No. 10998) REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss pending litigation pursuant to Government Code Section 54956.9A. The Mayor announced that a Closed Session would be held to consult with the City's Attorney regarding pending litigation. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (12:16 p.m.) AFTER RECESS: being present. The Mayor called the meeting to order, all Council Members (1:48 p.m.) 103 C~t¥ Hall, Anaheim~ California - COUNCIL MINUTES - February 5, 1985~ 10:00 A.M. AFTER RECESS - REDEVELOPMENT AGENCY: Chairman Roth reconvened the Anaheim Redevelopment Agency, all Agency Members being present for the purpose of conducting a Joint Public Hearing with the City Council. (1:48 p.m.) 161/123: JOINT PUBLIC HEARING - ANAHEIM REDEVELOPMENT AGENCY - CITY COUNCIL: To consider a proposed First Implementation Agreement to a Disposition and Development Agreement providing for the sale and redevelopment of property located on the northeast corner of Lincoln Avenue and Anaheim Boulevard in Redevelopment Project Alpha, known as Parcel 5 (Lewis and Marion Freedman/Hurst Associates). Submitted was report dated January 28, 1985 from the Community Development Department. The Mayor/Chairman Roth stated that staff recommended that the subject agreement and approval of the revised conceptual drawings be continued one week to give the Redevelopment Commission an opportunity to review the matter. However, testimony would be taken today from anyone who wished to speak to the matter; there was no response. MOTION: Council/Agency Member Pickler moved to continue the Joint Public Hearing to Tuesday, February 12, 1985 at 1:30 p.m. Council/Agency Member Overholt seconded the motion. MOTION CARRIED. ADJOURNMENT OF THE REDEVELOPMENT AGENCY: Agency Member Roth moved to adjourn. Agency Member Kaywood seconded the motion. MOTION CARRIED. (1:49 p.m.) 179: CONTINUED PUBLIC HEARING - VARIANCE NO. 3426: APPLICANT: Bank of California, N.A., (Westw~nds Trailer Lodge) 845 South Figueroa, Los Angeles, CA. 90017. ZONING/LOCATION/REQUEST: RM-1200 zoned property located at 2170 South Harbor Boulevard, to construct a 134-unit apartment complex on proposed with Code waivers as follows: (a) maximum structural height, (b) maximum number of bachelor units, (c) minimum landscaped setback, (d) minimum number and type of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC84-209 denied the Variance. (EIR - Negative declaration previously approved by the Council at their meeting of December 4, 1984). HEARING SET ON: Council meeting of December 6, 1984, review requested by Mayor Roth. Public hearing held on December 4, 1984 where Reclassification No. 84-85-9 was granted and Variance No. 3426 continued to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 22, 1984. Mailing to property owners within 300 feet - November 20, 1984. PLANNING STAFF INPUT: See Staff Reports dated October 15, 1984 and November 28, 1984, the latter reporting a reduction in units from 134 to 130 as indicated on revised plans submitted (Exhibit No. 1). 104 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5} 1985,..10:00 A.M. APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCIL MEMBERS: Mr. Floyd L. Farano, Attorney representing the applicant. The ordinance reducing parking for bachelor units from two spaces per unit to 1.5 had its first reading at the morning Council meeting thereby reducing the number of spaces required for the subject development. With that change in the parking ordinance, it was his understanding the project is now acceptable to the Council. Since they had now reduced the units to 130 (4 bachelor units deleted) parking requirements were lacking by only 10 percent. The project now contains 26 bachelor units, 31 one-bedroom units and 74 two-bedroom units computing to 299 spaces required under the ordinance with the modification and 268 are provided. The project will basically be a closed community and the physical arrangement is oriented toward the center so that it would not be convenient for anyone to park outside of the development. The parking study previously submitted (see minutes of December 4, 1984 where the issue was discussed) is recognized by the City Traffic Engineer as being representative of the true factors and that the parking they are offering and making available will more than meet the parking requirements. They can also comply with the 20-foot setback from Harbor Boulevard by eliminating a planter box thus eliminating requested waiver c. STAFF INPUT: Traffic Engineer Paul Singer. Confirmed that subsequent to his previous recommendation (October 15, 1984 staff report which stated that the number of parking spaces is insufficient and a parking waiver be denied), the study conducted and submitted by the applicant was verified. A follow up study was conducted by staff verifying the numbers in the submitted parking study which reflect under-utilization of the parking spaces available in the projects listed. Staff also examined other areas of the City not included in the applicant's study which showed a shortage of parking but they were older areas. The conclusion reached was that the Company, (Western National Properties) operates in such a way that they have better control over the number of people permitted per apartment. The waiver requested is slight. In the worst case~ there would be no surplus parking should the property be sold and under other management. EXHIBITS, MATERIALS SUBMITTED: None. PUBLIC DISCUSSION OPPOSED: Irene Jennings, 142 West Cliffwood, President, South Anaheim Neighborhood Council. Referred to the petitions in opposition which she presented at the last meeting (previously made a part of the record). It is not that people are objecting to apartments but the residents felt they were being squeezed out of their homes. They were opposed to a waiver of parking spaces. There is no place for 105 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5.~ 1985~ 10:00 A.M. additional parking in the area. The streets between Oertley and Harbor Boulevard are solid cars at night as well as on Orangewood from Oertley to the freeway. There is no place for visitors to park. If the parking waiver were not approved, they would not be objecting as strongly. OPPOSED: Frank McCormick, 229 West Bluebell. Parking is the problem and if permit parking is instituted such as that established in the Convention Center area, it would resolve the problem. OPPOSED: Charles Jennings, 142 West Cliffwood. There is not enough parking in the area. Parking is overflowing onto Oertley, Bluebell and Cliffwood. From Oertley east to Harbor Boulevard are solid automobiles because there are not enough spaces in the French Quarter Apartments. OPPOSED: Elaine Proko, 222 West Bluebell. There is a lack of parking in the area at present. IN FAVOR: No one was present to speak in favor. FINAL SUMMATION BY APPLICANT: Floyd Farano - working from an aerial view of the subject vicinity he briefed the traffic flow through the area and explained why it would be impractical for residents in the proposed project to park on Bluebell. His personal observation of the parking situation in the area at different times also revealed that there were 106 parking structures and spaces available and there were 120 cars on the street. Further, garages are being used for other than parking vehicles. The shortage of parking is a problem caused by the residents and not the developers. His clients owned approximately ~144,000,000 in property, they have never sold any of their complexes, they cared about the City and parking. The fact that they are proposing 25 percent more parking than exists now in any of their other developments in Anaheim should be more than sufficient to preclude any problems. Michael Hade, 630 the City Drive, Western National Properties (formerly IPS) then briefed some of the projects they had developed in the City noting that they had received many awards. He also confirmed for Councilwoman Kaywood that there were no parking shortages in any of the apartment projects they owned. CHANGES TO PROPOSAL AS A RESULT OF COUNCIL ACTION: Stipulation by the applicant that there will be a 20-foot setback as required along Harbor Boulevard. SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilwoman Kaywood: She is concerned relative to the neighbors objections with 106 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985~ 10:00 A.H. regard to lack of parking. She was prepared to vote against the project; however, because of the reduction in units and assurances from Western National Properties she would vote in favor but would monitor the situation carefully. She felt it was necessary to do something with garages in the area that could not be used for vehicles because of storage whether through the nuisance ordinance or whatever means was appropriate. Approval in this case should not be considered a precedent. It was a unique situation with this developer's record of ownership and management controlling the number of people per apartment. COUNCIL ACTION: The public hearing was closed. Councilman Roth offered Resolution No. 85R-67 for adoption, granting Variance No. 3426 in accordance with revised plans marked Exhibit No. 1 which eliminated waiver (b) and the stipulation by the applicant that there will be a 20-foot setback from Harbor Boulevard eliminated waiver (c). Refer to Resolution Book. RESOLUTION NO. 85R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3426. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-67 duly passed and adopted. 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 84-85-11~ VARIANCE NO. 3436 AND NEGATIVE DECLARATION: APPLICANT: Calmark Development Corporation, 2121 Cloverfield Blvd., Santa Monica, CA. 90406 ZONING/LOCATION/REQUEST: Change from RM-1200 to RH-3000, property located on the southeast corner of Broadway and Citron Street, (former Fremont Junior High School playfield), to construct a 72-unit affordable condominium complex under the authority of State Government Code Section No. 65915 with Code waiver of minimum building site area per dwelling unit. PLANNING COMMISSION ACTION: Resolution No. PC84-220 and PC84-221 approved Reclassification and Variance and approved EIR - negative declaration. HEARING SET ON: Council meeting of November 20, 1984, review requested by Mayor Roth. Public Hearing held December 18, 1984 continued to January 22, 1985, and subsequently continued to this date (see minutes of December 18, 1984 and January 22, 1985). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 6, 1984. Posting of property December 7, 1984. Mailing to property owners within 300 feet - December 7, 1984. 107 City Hall, Anaheim~ California - COUNCIL MINUTES - Februar~ 5, 1985, 10:00 A.M. PLANNING STAFF INPUT: See Staff Report dated October 29, 1984. APPLICANT'S STATEMENT: John Petke, Planning Associates, Costa Mesa, representing Calmark Development. He had no formal presentation as testimony had been given at previous meetings. He was present to support the Planning Commission's approval of the project. COUNCIL INPUT: Councilman Pickler referred to his previous concern expressed relative to lack of open space. He met with Redevelopment, Parks and Recreation and the City Manager in the recent past to explore the potential of working something out in that regard and he had also been in touch with Calmark Development to advise them of his progress, the idea being the possibility of making a switch with Calmark and keeping Fremont as open space. However, the amount of space available at this time does not equal the amount of space available at the Fremont site. He would like to continue looking into the matter with Calmark to see if something could be worked out, and to bring it back at a future date. At this time, he was ready to proceed with consideration of the proposed projects. Mayor Roth read letter dated February 5, 1985 from Nell L. Singer, Project Manager, Calmark Development Corporation into the record (made a part of the record). The thrust of which if the Council approved the proposed projects that Calmark would entertain any other available opportunities which the City and Calmark found mutually beneficial. They are interested in property acquisitions or trading parcels if the right opportunity exists. Councilman Bay assumed that the negotiations and the letter did not stand for anything in the way of a statement from Calmark saying they were going to delay the development of the project. If approved, he wanted to know when Calmark would start breaking ground; Mr. Petke stated a 10 to 12 month process was involved until completion of the project. They were months away from ground breaking. They will diligently proceed in that direction and also initiate the action Councilman Pickler suggested. PUBLIC DISCUSSION OPPOSED: Joe White, 309 West Broadway, (also see previous testimony given by Mr. White at the meetings of December 18, 1984 and January 22, 1985). He cannot see where the projects will do much to increase the value of the surrounding neighborhood and to make it desirable for Meyer Investment Properties to proceed and build the other office towers planned for the corner of Broadway and Harbor Boulevard. He did not think it was a good project but if approved, the developer should be made to build it the best they can. 108 City Hall.~ Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. IN FAVOR: None. CHANGES TO PROPOSALS AS A RESULT OF DISCUSSION/COUNCIL CONCERNS: None. FINAL SUMMATION BY APPLICANT: Sergto Alvarez, Calmark Development, 2121 Cloverfield, Santa Montca, CA. 90406. His Company had answered all questions and concerns in the last three meetings he attended. Their intent is to build for-sale housing. They had designed to the market that Pacesetter had missed - a better product at a greater price range. He gave additional reasons why their 72-unit development would be more desirable and successful. COUNCIL ACTION: The public hearing was closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, 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 Roth offered Resolution No. 85R-68 for adoption, approving Reclassification No. 84-85-11 and Resolution No. 85R-69 for adoption, granting Variance No. 3436, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 85R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 84-85-11. RESOLUTION NO. 85R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3436. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Pickler and Roth Kaywood and Overholt None The Mayor declared Resolution No. 85R-68 and 85R-69 duly passed and adopted. Councilman Overholt stated he felt it was the right project, but in the wrong place. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2631: APPLICANT: Calmark Development Corporation, 2121 Cloverfield Blvd., Santa Monica, CA. 90406 109 City Hall~ Anahetm~ California - COUNCIL MINUTES - Februar~ 5, 198.5..~ 10:00 A.M. ZONING/LOCATION/REQUEST: RM-1200 zoned, property located on the northeast corner of Santa Ana Street and Citron Street (portion of former Fremont Junior High School Playfield) to permit a 196-unit senior citizen apartment complex, with Code waiver of required type of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC84-233 granted Conditional Use Permit, approved EIR - negative declaration. HEARING SET ON: Council meeting of December 4, 1984, review requested by Councilman Pickler. Public hearing held December 18, 1984 continued to January 22, 1985, and subsequently continued to this date (see minutes of December 18, 1984 and January 22, 1985). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 7, 1984. Posting of property December 7, 1984. Mailing to property owners within 300 feet - December 7, 1984. PLANNING STAFF INPUT: See Staff Report dated October 29, 1984. APPLICANT'S STATEMENT: John Petke, Planning Associates, Costa Mesa, representing Calmark Development. He had no additional information to add and was satisfied with the Planning Commission's recommendation. PUBLIC DISCUSSION IN FAVOR: John Shanahan, 1215 South Empire, Chairman, Senior Citizen Commission. The Commission is pleased to see that guidelines have been established (see Ordinance No. 4567 adopted at the morning meeting) and that housing for seniors can proceed more rapidly in the future. The Commission respectfully requests approval of the subject project. Answering questions posed by Councilwoman Kaywood, he relayed the following: They did not take a position on SB1553 legislating that the minimum age is 55 for senior projects over 150 units in size and that the second person in one unit can be any age. The parking standard of .8 for bachelor and 1.6 for one-bedroom units is acceptable to them. The survey Calmark took was convincing enough. They did feel that the senior housing development would have been more convenient for seniors if it were built on the Broadway side of the Fremont site since it would be closer to markets and banks but it was not considered to be a terrible inconvenience. It was the best situation under the circumstances. The Commission did not discuss the fact that many people who were on the list wanting to be able to rent one of the proposed units are not from Anaheim. IN FAVOR: Frances Scherman. They had no idea of making Anaheim the Senior Housing Capital of the United States. She questioned if there is something that can be done to limit Anaheim project to Anaheim residents. 110 City Hall~ Anaheim, California - COUNCIL MINUTES - February 5,. 1985, 10:00 A.M. Seniors are living longer and there is a great need for senior housing. She asked that the Council go forward as fast as possible. CHANGES TO PROPOSALS AS A RESULT OF DISCUSSION/COUNCIL CONCERNS: None. COUNCIL ACTION: Mayor Roth closed the public hearing. COUNCIL MEMBERS' CONCERNS: Councilwoman Kaywood: To avoid the problems she envisioned with senior citizen projects as a result of SB1533 (Boatwright) is to limit such projects to 149 units thereby circumventing the provisions of the Bill which involve projects of 150 units or more. With projects of 149 units or less, the City could then require the senior be 62 years of age as determined at the Joint Workshop with the Senior Citizen Commission and Planning Commission and Council. SUMMATION BY APPLICANT: Neil Singer, Calmark Development. With the ordinance passed by the Council this morning, he did not believe a parking waiver is being requested on the project. He then reiterated the facts reflected in surveys they had conducted on their other senior projects which showed that the average age of the tenants in all projects to be 67 and that parking requirements, spaces utilized, average out to .76 spaces per unit. The 176 spaces on the subject project average out to .9 spaces giving a sufficient cushion to meet any parking concerns and there are also planted areas they could look to for parking if necessary. They were planning to build the project in one phase. ENVIRONMENTAL IMPACT REPORT - 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. 85R-70 for adoption, granting Conditional Use Permit No. 2631, upholding the finding of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 85R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2631. Roll Call Vote: 111 City Hall~ Anahetm~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth Kaywood None The Mayor declared Resolution No. 85R-70 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3448 AND NEGATIVE DECLARATION: APPLICANT: Ben and Mary Lou Hathaway, (Tifff's Restaurant), 1060 West Katella Avenue. ZONING/LOCATION/REQUEST: CR zoned property located at 1060 West Katella Avenue, to expand a restaurant with Code waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC85-16 denied the variance. Recommended the adoption of EIR - Negative declaration. HEARING SET ON: Appealed by the applicant. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 24, 1985. Posting of property January 25, 1985. Mailing to property owners within 300 feet - January 25, 1985. PLANNING STAFF INPUT: See Staff Report dated January 7, 1985. The City Clerk announced that a parking study had been submitted by the applicant earlier today and presented to the Council (see report on: Parking need study - Tiffy's Restaurant prepared by Justin F. Farmer Transportation Engineers, Inc.). APPLICANT'S STATEMENT: Ben Hathaway, 3950 Idahville Road, Tilamook, Oregon, owner. During the months of March through August, they refused a considerable amount of people at their restaurant because of volume. When conventions are in town and hotels are full, there is standing room only outside the restaurant. There are not enough restaurants in the contiguous area. They are a family-oriented restaurant. A review of their parking lot showed that with 30 to 40,000 people at the Convention Center and hotel occupancy in the area at 90 percent, Tlffy's parking lot is only 50 percent full. They did have adequate parking as evidenced by the report submitted. They are proposing to add a second floor to their restaurant that would provide a Iow to medium price buffet, catering to families, with glass elevators going to the second floor. They are not increasing their off-set into the property line as evidenced by the rendering posted on the Chamber wall. They will add approximately 25 tables and their investment to improve the restaurant will be 31,000,000. Their restaurant filled a need in the area, not only by offering moderately priced meals but also a better 112 City Hall~ Anaheim~ California - COUNCIL MINUTES - February. 5p 1985, 10:00 A.M. selection and speedier operation for those attending conventions who did not have much time to eat. Their request would not have a negative impact on traffic due to the walk-tn nature of their business. Greg Pyros, Architect, 1500 Adams Suite 310, Costa Mesa. His firm worked with the City's Traffic Engineer, Paul Singer from the outset who recommended a traffic study which was just presented. Mr. Singer reviewed the study and had no problem with it. He then briefed the features of the proposed improvement to the restaurant. Justin Farmer, 111 Alder Street, Brea, Consulting Traffic Engineer. His company conducted a number of parking studies for similar situations. He then briefed portions of the parking study concluding that under the worst conditions, the existing parking spaces would not be entirely utilized. There are enough spaces on the parcel at present not only for the existing restaurant but also to accommodate the proposed second level. EXHIBITS, MATERIALS SUBMITTED: Parking need study - Tiffy's Restaurant prepared by: Justin F. Farmer - Transportation Engineers, Inc. File No. F233. IN OPPOSITION: None. IN FAVOR: None. STAFF INPUT: Paul Singer, Traffic Engineer. The study independently conducted by Justin Farmer confirmed previous studies in the area that approximately 63 percent of customers of restaurants in that area are actually walking customers. He felt comfortable that Tiffy's had adequate parking. SUMMATION BY APPLICANT: Mr. Hathaway - asked that the request be granted. There was a need for more restaurants in the area. He would also stipulate that the variance previously requested and approved for the walk-up window would be terminated since it turned out to be a "disaster". (Annika Santalahti, Assistant Director for Zoning confirmed that one of the Planning Commission conditions was that the variance for the walk-up window be terminated). SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilman Pickler: In the summer months many people drive to Disneyland. It is an area inundated with traffic. He could not approve parking that was only 24 percent of the Code requirement. 113 Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - February 5, 1985, 10:00 A.M. Councilman Bay: There are 35 actual parking spaces minus the employee spaces leaving approximately 20 spaces for customers. With a potential of 270 customers that would prove out to be 90 percent walk-in business. COUNCIL ACTION: Mayor Roth closed the public hearing. 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. MOTION CARRIED. Councilman Overholt offered a resolution granting Variance No. 3448. The Traffic Engineer felt 35 spaces were more than adequate, the parking study submitted by the applicant and the other independent studies conducted validated the fact that the restaurants in the area do mostly walk-in business. There is convincing evidence that parking is adequate. A vote was then taken on the proposed resolution of approval and failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt Kaywood, Bay, Pickler and Roth None Councilman Bay offered Resolution No. 85R-71 for adoption, denying Variance No. 3448. Refer to Resolution Book. RESOLUTION NO. 85R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3448. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Kaywood~ Bay, Pickler and Roth 0verh01t None The Mayor declared Resolution No. 85R-71 duly passed and adopted. 144: EASTERN CORRIDOR FEE PROGRAM: Councilman Bay referred to the information submitted to the Council on the subject and the report on the recent Liaison Meeting that was held with City Manager Talley, Ron Thompson - Planning Director, Joel Fick, Gary Johnson - City Engineer, Paul Singer - Traffic Engineer and Councilman Pickler and himself as Liaison. March 1, 1985 was the proposed target date to get information back to the County and cities involved. 114 City Hall} Anaheim~ California - COUNCIL MINUTES - February 5~ 1985, 10:00 A.M. MOTION: Councilman Bay thereupon moved that the fee program and Memorandum of Understanding (MOU) be discussed by the Council on Tuesday, February 26, 1985. Councilman Roth seconded the motion. MOTION CARRIED. 114: SIGNAGE IN THE COMMERCIAL - RECREATION (C-R) AREA: Councilman Pickler expressed his concern over new signs going into the Disneyland/C-R area. Since the Council was interested in improving that area, he felt there should be a move to review or change signing. Mayor Roth questioned as an example how businesses with existing signs at 30 feet where the City might want signs of 20 feet, how that could be accomplished. City Manager Talley explained the City could ask businesses to reduce signage. They could do so voluntarily or be compensated for it. If the Council had an ordinance that would limit the next sign to something less than the existing signage height, over 10, 15 or 20 years, that would occur. There were three methods of instituting "sign reformation" - (1) new signs, (2) voluntary efforts by the businessmen in the area, (3) or the City electing to compensate the sign owners and requiring modifications in signage. Those were the present methods that would be allowable in Anaheim. Mayor Roth stated that a group from the Visitor and Convention Bureau was interested in discussing the matter with their members to work out some volunteer arrangements, without government intervention. The progress of that should be checked. Councilman Pickler stated he would like to have something to review and discuss and to come up with a new ordinance for the area but he did not want to be the only Council Member requesting such action. No action was taken by the Council. 173/145: EXPANSION OF JOHN WAYNE AIRPORT: Mayor Roth reported on the meeting at the County where the Board of Supervisors approved expansion of John Wayne Airport so that flights would be increased from 41 to 55 as well as the long-range planning relative to parking, baggage handling and terminal modifications. With Council concurrence, he asked that staff prepare a letter to be sent to the Board of Supervisors commending them for their action. Councilman Overholt stated he understood that the action was to increase the flights to 55 but, also gave direction to the Airport Council to study how they could find another airport site in Orange County with some indication that the Intercounty Airport Authority may be given some responsibility along that line. He felt all of that was extremely positive, but if the action of the Board was to increase the flights to an ultimate figure of 73, he (Overholt) could not be a party to that. After further Council discussion on the issue, the City Clerk was directed to prepare a letter for the Mayor's signature to be sent to the Board of Supervisors commending them for their action. 115 City Hall~ Anaheim~ California - COUNCIL MINUTES - Februar.~ 5, 1985, 10:00 A.M. 148: MAYOR ELECTED TO CHAIRMANSHIP OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAqMD): Mayor Roth reported on his being elected Chairman of the South Coast Air Quality Management District at their meeting of February 1, 1985. The responsibilities of the Board were awesome, as the Board determined the air quality for some 12 million people in the South Coast basin, operating with a budget of over ~25 million and over 500 employees. 112: CITY OF ANAHEIM VS. PACIFIC BELL: Councilman Roth moved to authorize the City Attorney to settle Orange County Superior Court Case No. 34-63-70 (City of Anaheim vs. Pacific Bell Telephone Co.), for the sum of ~50,000. Councilman Bay seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. (4:40 p.m.) LEONORA N. SOHL, CITY CLERK 116