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1984/01/10City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. The City Council of the City of Anaheim met in regular session~ PRE SENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, BaM, Overholt, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts HUMAN RESOURCES DIRECTOR: Garry O. McRae ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting.. INVOCATION: The Reverend David Bolton, Bethel Baptist Church, gave the Invocation. FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council, congratulating Rams owner Georgia Frontiere, Coach John Robinson and the entire Rams squad on an outstanding 1983 season, with best wishes for continued success in 1984 and years to follow. The resolution was accepted by Rams representatives Marshall Klein, Dick Beam and Pete Donovan. Russ Bollinger, offensive lineman, was also present and gave his reflections on the 1983 season. li9: PRESENTATION: Mr. Bill Griffith, City Librarian, before introducing Mr. Bert Yale, explained that after a presentation of the bookmobile slide show at a Kiwanis Club meeting, Mr. Yale had consented to making a videotape of the slide show, which was necessary in order to be able to televise it and to do so without cost to the City. Personnel from Channel 56 were present at that meeting and indicated if the City subsequently turned a copy over to them, they would broadcast it on their station. Mayor Roth, on behalf of the Council and the City, accepted the videotape from Mr. Yale, the owner of Yale Video in Anaheim, and thanked him for his efforts and generosity, which would now enable greater publicity for the Bookmobile Outreach Program through TV coverage. 119: RESOLUTION OF INVITATION: A Resolution of Invitation was unanimously adopted by the City Council to be mailed to the National Square Dance Association to meet in Anaheim in 1988. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held November 29, December 6 and December 13, 1983. Councilman Overholt seconded the motion. Councilman Pickler abstained on the meetings of December 6 and December 13, 1983, since he was not present at those meetings. MOTION CARRIED. 15 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. 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 ~3,348,224.45, in accordance with the 1983-84 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 84R-5 through 84R-8, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claims rejected and referred to Risk Management: 1. Claim submitted by Nels D. Persson for personal property damages to freezer and food loss purportedly sustained due to low electrical voltage at 921 South Trident, on or about November 24, 1983. 2. Claim submitted by Cherly Lynn Vlacilek for personal property damages to automobile purportedly sustained due to an accident caused by a malfunctioning traffic signal at the intersection of Ball Road and Walnut Street, on or about October 21, 1983. 3. Claim submitted by Daniel E. Boone, Jr., for personal property damages to clock and clock radio purportedly sustained due to power surge at 215 Primrose Street, on or about November 5, 1983. 4. Claim submitted by Pacific Telephone for property damage to cables and conduit purportedly sustained due to actions of City contractor at Anaheim Boulevard and Old. Lincoln Avenue, on or about August 19, 1983. 5. Claim submitted by Pedro Garcia Reyes for personal injuries and property damages purportedly sustained when claimant struck equipment owned and parked by an agent of the City on Romneya Avenue, west of Harbor Boulevard, on or about September 17, 1983. 6. Claim submitted by Roberta Bayley for personal property damages to refrigerator purportedly sustained due to electrical outage at 912 South Hacienda Place, on or about November 24, 1983. 16 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. 7. Claim submitted by Robert Agnew for personal property damages to vehicle purportedly sustained due to an accident involving a City driver at Anaheim Stadium, Orangewood Exit, on or about November 12, 1983. B. Application for Leave to Present a Late Claim denied: 8. Application for Leave to Present a Late Claim submitted by Automobile Club of Southern California, subrogee of Bonnie L. and Charles F. Cordes, for personal injuries to insureds purportedly sustained due to an accident involving a City-owned vehicle on La Palma Avenue, on or about September 8, 1983. 2. The following correspondence was ordered received and filed: a. 105: Youth Commission--Minutes of November 18, 1983. b. 105: Public Utilities Board--Minutes of December 1, 1983 and December 15, 1983 (unapproved). c. 140: Public Library--Monthly Statistical Summary for November 1983. 3. 123: Authorizing a novation agreement with Trans Pacific Administrators, Inc., and DG Administrators, Inc., assigning contract services for the administration of the City Workers' Compensation claims program in accordance with the terms and conditions contained in the September 14, 1982, agreement with Trans Pacific Administrators, Inc., to DG Administrators, Inc. 4. 123/153: Authorizing an agreement with Ball-Taft Medical Clinic, in the amOunt of ~48 per Class "A" exam, ~32 per Class "B", and 514 per Class "C" exams, to provide pre-employment medical examinations for the term January 1, i984 through December 31, 1985. 5. 153/106: Authorizing one additional Senior Engineering Aide in Subdivision Services, authorizing the Human Resources Department to fill the position, and appropriating an additional ~14,800 into Program No. 265 from an anticipated increase in revenues. 6. 160: Accepting the bid of Qualified Electric Company in an amount not to exceed ~22,970.20 ~or 50,000 £eet of wire, 336.4 ACSR, in accordance with Bid No. 4056. 7. 160: Accepting the bid of Multi-Amp Corporation in the amount of $21,557.60 for one each Distribution Transformer Test Table, Model TTS-981, in accordance with Bid No. 4065. 8. 160: Accepting the bid of General Electric Company in the amount of 517,678.68 for two each 500KVA, three-phase padmount transformers, in accordance with Bid No. 4057. 17 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984~ 10:00 A.M. 9. 160: Waiving advertising and authorizing the Purchasing Agent to issue a Purchase Order to S & C Electric Company in the amount of ~72,304.72 for nine each PMH-9 padmounted, three-phase sectionalizing switches and one each PMH-11 padmounted, three-phase sectionalizing switches with fused lateral taps, in accordance with quotation No. 15-RDA83-157 dated December 21, 1983. 10. 164: RESOLUTION NO. 84R-5: 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 IMPROVEMENT, TO WIT: OLIVE HILLS RESERVOIR STORM DRAIN CHANNEL REPAIR, IN THE CITY OF ANAHEIM, ACCOUNT NO. 51-479-6329.-17280-70810. (Bids to be opened February 2,.1984, 2:00 p.m.) 11. 175: RESOLUTION NO. 84R-6: 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 IMPROVEMENT, TO WIT: LA PALMA 3 M.G. RESERVOIR, IN THE CITY OF ANAHEIM, ROOF REHABILITATION, ACCOUNT NO. 51-479-6329-17260-75600. (Bids to be opened February 2, 1984, 2:00 p.m.) 12. 175.123: RESOLUTION NO. 84R-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT TO BE ENTERED INTO WITH CONTRACTORS EMPLOYED IN EMERGENCY SITUATIONS REQUIRING IMMEDIATE WORK ON THE CITY UTILITY SYSTEMS, AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO NEGOTIATE THE CONTRACTOR'S FEES AND TO EXECUTE SAID AGREEMENT. (form agreement, with term of each expiring at the next City Council regular meeting) 13. 158: RESOLUTION NO. 84R-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Orange County Water District; Conley E. Clark, et %tx.) 14. 128: Receiving and filing the Monthly Financial Analysis for the four-month period ended October 31, 1983. 15. 139: Opposing AB 12 (Vasconcello$) and SB 87 (Lockyear) re public campaign financing for State and Local elections until provisions restricting a local government official's ability to raise campaign funds and eliminating State income tax deductions for political contributions to local campaigns are amended from the bill, and directing staff to communicate the City's position to State Legislators. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 84R-5 through 84R-8, both inclusive, duly passed and adopted. 18 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. 175.123: FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES ~ JA/vf~3 M. MONTGOMERY - LENAIN FILTRATION PLANT: Councilwoman Kaywood moved to authorize the first amendment to an agreement with James M. Montgomery, Consulting Engineers, Inc., for additional engineering services in conjunction with the Lenain Filtration Plant Rehabilitation, increasing the contract by ~214,600, as recommended in memorandum dated December 23, 1983, from the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. 108: ENTERTAINMENT PERMIT - MUGSY MALONE'S: Review of the Entertainment Permit granted to Yueng Yi Tsai for Mugsy Malone's, 1731 South Harbor Boulevard, to permit mini-concerts, seven days a week, 8:00 p.m. to 1:00 a.m. Review was requested at the meeting of October 18, 1983--see minutes that date. Mayor Roth stated he understood there were two representatives present to speak to the issue. He first asked if the applicant or applicant's agent was present; there was no response. The Mayor then asked to hear from those who wished to speak. Mr. Tom Goodman, Attorney, 505 City Parkway West, Suite 900, Orange, stated he represented Laveta Domino, the landlord of Mugsy Malone's, the adjacent Circus Restaurant and also of the surrounding Stovall Motels. Neither he nor the Stovails had any knowledge of the previous meeting or that an application for a permit had been filed. His client strongly opposed the granting of such a permit. The lease between Mugsy Malone's and Laveta Domino with Mr. Tsai, the owner of Mugsy Malone's as tenant, provided in Paragraph 5, Page 4 that, "The demised premises are leased to the lessee solely for the purpose of running a restaurant and cocktail lounge. Lessee shall not use or permit such premises or any part thereof to be used for any purpose or purposes other than the purpose or purposes for which said premises are hereby leased." That provision was in the lease for a specific reason, i.e., to protect the interests of the surrounding tenants, specifically the Stovall Motels. The applicant for the permit wanted a theatre-type showtime entertainment such as that presently at Crazy Horse, the Golden Bear and the Palomino Club. That could not be construed as running a restaurant and cocktail lounge. By even filing the application, Mr. Tsai was in breach of his lease. Mrs. Domino's concern was primarily the problem created for the Stovalls. Should they obtain the right to have two shows, patrons would be coming in at 8:30 p.m. and clearing out for the 10:30 show, and clearing out again at 1:00 a.m., at a time when people were trying to sleep. There were also horrendous parking problems. It was not fair to the adjoining tenants to allow that type of activity. Councilman Overholt questioned why they were to be concerned with the problems with their tenants in connection with what the lease provided. The City's concern was relative to the impact the Entertainment Permit was having on the surrounding area and that was something that was debated at length at the meeting of October 18, 1983, when Mr. Goodman was not present. 19 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Mr. Goodman stated even though he was not present, he had listened to the tape of the proceedings, and the representations made by the attorney for Mr. Tsai were quite inaccurate. Mayor Roth stated his impression at that meeting was that everyone was aware of what was going on and no representatives were present in the audience from the surrounding businesses, the issues at that time being noise and traffic. Mr. Kenneth Baxter, 1717 South Harbor Boulevard, manager of the Cosmic Age Lodge and the Galaxy Motel for approximately seven years, stated he was familiar with the problems emanating from Mugsy Malone's. In the past they had dealt with different lessees of that property. In the last few years, it had been basically a restaurant and lounge and they got along most of the time fairly well. There was a particularly annoying problem regarding parking. On occasions over the years, they had to hire guards on busy nights, since it was difficult to guarantee their paying guests a space in their parking lot. Recently, when they instituted other forms of entertainment (Mugsy Malone's), the noise factor was extremely irritating to their motel guests. Their exit door was located approximately 100 feet from the front of the Galaxy M°tel. At 1:00 and 2:00 in the morning, their guests had been sleeping for several hours. They had called the police on several occasions because of fights in the parking lots and every morning there were a number of empty beer bottles all over the place. The back of the restaurant, which was in view of approximately 200 of the hotel rooms, looked like the "City dump." They had a long-standing relationship with the owner of the property, approximately 18 years. They ran a family operation hotel and 95 percent of their guests were there with their families to enjoy Disneyland and the surrounding entertainment. They had refunded money to guests because of the problems regarding noise and some people said they were scared because of some of the things they heard. In the last couple of years, Mugsy Malone's had been in existence under different owners. The last three or four years there had been problems on weekends. The problems had surfaced and then gone away over the years. In the past year or two when the entertainment was extremely questionable, the integrity of the hotel was questioned, and some people might have suspected that the motel owned that business. Councilwoman Kaywood asked if in the past 90 days since the Entertainment Permit was in existence if there were more problems with parking and noise and requests for refunds. Mr. Baxter answered that he did not know if it was more, but the business had not had much success in taking off with their program. The weekends were the most difficult and the noise factor, instead of 9:00 or 10:00 p.m., was now later in the night. When it went past 10:00, 11:00, 12:00 or 1:00, it was uncomfortable for guests. Relative to parking, Mugsy Malone's had spaces for 65 automobiles in the back and generally it was only Friday and Saturday nights where they attempted to overflow into their lot. Some of those were employees trying to park in their lot as well. 65 spaces represented approximately one-half of what they needed when they were running to capacity. Christmas time was very difficult, since their motel was sold ouc. The problems surfaced when they were busy, which was approximately half the year, and they needed those spaces. 2O City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Mayor Roth stated 90 days ago he supported the permit, one of the reasons being there was no input or complaints from adjoining owners and tenants. view of the testimony today, however, he was going to change his position. In Councilman Roth thereupon moved to oppose the subject Entertainment Permit. Councilwoman Kaywood seconded the motion. Before any action was taken, Councilman Overholt stated that the action taken at the previous meeting was to grant the permit for six months, subject to a review in 90 days, which was today. If they took action in the negative sense today, he asked if that would terminate the permit or set a hearing to show cause why the permit should not be revoked. City Attorney William Hopkins recommended that they set an order to show cause hearing, at which time the applicant would have an opportunity to present his side of the case. In order to revoke it, it would be recommended that a public hearing be set to give the opportunity of the permittee to make his presentation. Councilman Roth thereupon amended his motion and set Tuesday, January 24, 1984, at 10:00 a.m., as the date and time for an Order to Show Cause Hearing why the Entertainment Permit for Mugsy Malone's, 1731 South Harbor Boulevard, to permit mini-concerts seven days a week, 8:00 p.m. to 1:00 a.m., should not be revoked. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 123/142/153: ORDINANCE NO. 4469: Authorizing an amendment to the contract between the City Council of the City of Anaheim and the Board of Administration of the Public Employees' Retirement System. City Clerk Linda Roberts stated that she had been notified that Gary Wilder, representing the Anaheim Firemen's Association, was present and wished to address the Council. Mr. Gary Wilder, member of the Board of Directors for the Anaheim Firemen's Association and a member of the negotiating committee for the Fire Association, stated his reason for being present today was to remind the Council that the adoption of the proposed ordinance would take away the 1959 Survivors Benefits, or otherwise known as the Widows and Orphans clause. Each of the Council Members should have received a letter from Mr. Jake Petrosino, member of the State PERS Board of Administration, about a week ago explaining this was a no-cost item to the City and completely funded by employee contributions, and that eliminating the benefit would provide no savings whatsoever to the City. In fact, Mr. Petrosino said the benefits could even be increased at no cost to the City, because of the reserve fund and the fact that it was not used that much. As the Council was aware, they did not participate in the Social Security System and the Survivors Benefits Plan was originated so that they might enjoy some of the things that the people under Social Security enjoyed. Without either one of the plans, there would be no benefits provided for widows and orphans. They felt the deletion of the benefit was both short-sighted and unjustified. If the Council had a reason 21 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. for deleting it and they could explain it to him, he could go back to the membership and explain it to them. He was present to plead with the Council to revise the ordinance to keep the 1959 Survivors Benefit intact. He felt the no-cost item could go a long way towards relieving some of the labor tensions that had come about as a result of imposing the contract on the Anaheim Firemen's Association. Mayor Roth stated he was going to ask if the City Manager or a representative from the negotiating team wanted to respond. City Manager William Talley noted that the Human Resources Director was present and asked him to come forward, but first pointed out that no benefits for any existing employee was being changed by the ordinance. It did contemplate for new hires and was adopted by the City Council after the impasse hearing. He recommended that the Council not change in any way their decision, inasmuch as he did not believe it was the City's place to argue whether or not anything was a no-cost item or whether it affected future employees or not. He believed those issues were settled. He would not warn the Council, but would point out that to reopen negotiations on any aspect of what was a many-months effort, he felt, gave fodder to anyone who wanted to open it up to the next issue. His recommendation to the Council would be, they met for months, both sides declared an impasse, the Council was asked for a decision, the Council made a decision and he believed it was totally inappropriate to reopen labor negotiations at this point. Mayor Roth asked for confirmation that he was saying the Widows and Orphans Fund as referred to by Mr. Wilder was not applicable to the present men on board; Mr. Talley answered, absolutely. It would affect new employees. Human Resources Director Garry McRae interjected and stated it would affect those hired after February 10, 1984, which was the effective date of the modification. Mr. Talley stated a month from now the ordinance would go into effect for any employees that chose to accept an offer of employment with the City of Anaheim. It would not affect any current employment, nor would it affect any current employee. Mayor R0th asked Mr~ McRae if he had anything further to add. Mr. McRae answered the only thing he would add would be that it would not be appropriate for the City Council to improve upon the final offer that was negotiated at the bargaining table on December 3, 1983, and was, in fact, the basis for the impasse reached on December 12, 1983. The Mayor asked if Mr. Wilder had anything to add; Mr. Wilder, referring to Mr. McRae's comment, stated if the subject issue was one they discussed or was one of the main issues they were having a problem over, they were not even aware of the issue until Mr. Petrosino brought it to their attention. They were made aware of it when the Council was made aware of it. 22 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Mr. Talley stated they were now into a dialogue regarding negotiations. The statement made by the Human Resources Director was that this was part of the package that was agreed upon by both parties. That was their only comment. They were not going to discuss when Mr. Petrosino decided to get into Firefighter negotiations or anything else. They were starting to get back into the dialogue and in his view, it was a never-ending process, once they allowed any intrusion. Councilman Roth offered Ordinance No. 4469 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4469: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY COUNCIL OF THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEMS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance No. 4469 duly passed and adopted. 152/142/149/101/124: ORDINANCE NOS. 4470 AND 4471: Councilman Pickier offered Ordinance Nos. 4470 and 4471 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4470: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.32, SECTIONS 14.32.320 AND 14.32.330 AND ENACTING A NEW TITLE 14, CHAPTER 14.32, SECTIONS 14.32.320 AND 14.32.330 PERTAINING TO PARKING CITATIONS. (authorizing Stadium/Convention Center security personnel to issue parking citations and tow away vehicles) ORDINANCE NO. 4471: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM b~NICIPAL CODE RELATING TO ZONING. (82-83-33, C-R, 2300 East Katella Avenue) Roil Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance Nos. 4470 and 4471 duly passed and adopted. 179: ORDINANCE NO. 4472: Councilman Roth offered Ordinance No. 4472 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4472: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(93), C-R, southwest corner of Ball Road and Harbor Boulevard) 23 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None The Mayor declared Ordinance No. 4472 duly passed and adopted. 179: ORDINANCE NO. 4473: Councilman Bay offered Ordinance No. 4473 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4473: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-10, ML, 1420 North Lemon Street) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The May6r declared Ordinance No. 4473 duly passed and adopted. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss labor relations, litigation and personnel matters with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with action anticipated. Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman.Kaywood seconded the motion. MOTION CARRIED. (i0:50 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:37 p.m.) 112: CITY OF ANAHEIM VERSUS SODA SHOPPES OF CALIFORNIA: Councilman Pickler moved to authorize the City Attorney to accept the sum of ~35,000 in settlement of Orange County Superior Court Case No. 35-33-88, City of Anaheim vs. Soda Shoppes of California, et al. Councilman Overholt seconded the motion. MOTION CARRIED. 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 81-82-5 AND CONDITIONAL USE PERMIT NO. 2259: Application submitted by American National Properties, Inc., (Orangewood Acres Mobilehome Park), for a change in zone from RS-A-43,000 to C-R, to permit conversion of an existing mobilehome park and construction of a five-story office building on property located at 2111 South Manchester Avenue. The City Planning Commission disapproved a negative declaration status on November 16, 1981, and subsequently denied Reclassification No. 81-82-5 and Conditional Use Permit No. 2259. 24 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. ~The ~cision of the Planning Commission was appealed by the applicant and public hearing scheduled and continued from the meeting of November 22, 1983 to this date. City Clerk Linda Roberts announced that a letter dated January 5, 1984, had been received from the applicant, requesting a continuance of the public hearing to February 7, 1984. Mayor Roth asked if the applicant or applicant's agent was present on the subject item. Mr. Phil Schwartz, agent for the applicant, was present in the Chambers audience; no one else was present to speak to the issue. Councilman Roth, noting that no one but the applicant's agent was present, moved to continue the public hearing on Reclassification No. 81-82-5 and Conditional Use Permit No. 2259 to February 7, 1984, at 1:30 p.m. Councilman 0verholt seconded the motion. MOTION CARRIED. 176: CONTINUED PUBLIC HEARING - ABANDONMENT NO. 81-30A: In accordance with application filed by Michael G. Mack, Orange County Transit District (0CTD), continued public hearing was held on proposed abandonment of a portion of Baxter Street between the Carbon Creek Channel and Via Burton, pursuant to Resolution No. 83R-146, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated April 6, 1983, was submitted recommending approval of the abandonment, subject to the following two reservations: (1) That a public utility easement be reserved over the proposed abandonment area for electrical purposes, and (2) that a public utility easement be reserved unto the Pacific Telephone and Telegraph Company over the proposed abandonment area to accommodate their existing facilities, together with ail reasonable rights of ingress and egress. Said reservation to said Telephone and Telegraph Company to be subject to and subordinate to the rights of the City of Anaheim reservation as stated above. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impac~ Report and is, therefore, categorically exempt from the requirement to file an EIR. Public hearing on Abandonment No. 81-30A was held on May 10, 1983 (see minutes that date); it was subsequently continued to the meeting of December 6, 1983 (see minutes that date), and after further discussion and testimony, continued to this date. Submitted was a report dated December 21, 1983, from the City Attorney's office pertaining to a proposal of ASL Corporation to lease public street easment from City for private parking purposes. 25 City Hall, Anaheim, California - COUNCIL MINUTES - Januar~ 10, 1984, 10:00 A.M. City Clerk Roberts noted a letter dated January 6, 1984, from Mr. Warren Brakensiek, Corporate Secretary of the Carnation Company (on file in the City Clerk's office), which had been copied and submitted to the Council. Mayor Roth stated he was pleased to receive the letter from Carnation Company wherein it was reported that since the December 6, 1983 meeting (see minutes that date), Carnation, ALS and the OCTD had been meeting to determine if an arrangement could be worked out regarding the Baxter Street property. The final paragraph of the letter asked that the abandonment be approved. He then asked if anyone was present from the Transportation District who had anything to add. A representative from the District was present, but had nothing to add. The Mayor then asked if anyone was present from ALS. Ms. Susan Gordon, Attorney representing ALS, stated she would like to thank the Council, the representatives of the OCTD and Carnation Company. They had been extremely cooperative and ALS was withdrawing their opposition to the abandonment at this time. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilman Pickler offered Resolution No. 84R-9, approving Abandonment No. 81-30A, subject to the conditions of the City Engineer. Refer to Resolution Book. RESOLUTION NO. 84R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF BAXTER STREET BETWEEN THE CARBON CREEK CHANNEL AND VIA BURTON. (81-30A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor daclared R~s01ution No. 84R-9 duly passed and adopted. 179: PUBLIC HEARING - RECLASSIFICATION NO. 83-84-7 AND CONDITIONAL USE PERMIT NO. 2499: Application submitted by Gloria H. Miller and Dorothy H. Hurley, for a change in zone from RS-A-43,000 to RM-1200, to permit a 79-unit (part senior citizen's) apartment complex on property located at 2620 West Ball Road, with the following Code waivers: (a) minimum building site area, (b) maximum structural height, (c) maximum site coverage, (d) minimum floor area, (e) minimum recreational-leisure area, (f) minimum private recreation-leisure area, (g) permitted encroachments into required yards, and (h) minimum distance between buildings. 26 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-213, 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 and, further, granted Reclassification No. 83-84-7, subject to the following conditions: 1. That completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 2499. 2. That prior to introduction of an ordinance rezoning subject property, the owner of subject property shall execute and record a covenant against the property restricting occupancy of the units to a maximum of two occupants per unit, at least one of which must be at least 55 years of age or older. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 3; provided, however, that temporary louvered-type screen devices shall be constructed on top of the carports located adjacent to the southwesterly four ("C") units. The screening shall be approximately eighty (80) feet long and shall adequately screen the proposal from the adjacent dwellings and shall be approved by the City's Building Division. Said screening shall remain on the carports until the adjacent property to the west, currently zoned RS-A-43,000 with a resolution of intent to RM-1200 and developed with a single-family dwelling, is ultimately developed for uses other than single-family residential. 4o That prior to final building and zoning inspections, Condition No. 2, above-mentioned, shall be complied with. The City Planning Commission, pursuant to Resolution No. PC83-214, granted Conditional Use Permit No. 2499, in part, subject to the following conditions: 1. That sidewalks shall be installed along Ball Road as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That street lighting facilities along Ball Road shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to approval of building permits. The above-required improvements shall be installed prior to occupancy. 3. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Bali Road in an amount as determined by the City Council. 27 City Hall, Anaheim, California - COUNCIL MINUTES - January 10~ 1984~ 10:00 A.M. 4. That prior to issuance of building permits, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 5. That prior to issuance of building permits, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That subject property shall be served by underground utilities. 8. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 9. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects". il. That the owner of subject property shall restrict occupancy of the dwelling units to a maximum of two occupants per unit, at least one of whom must be at least 55 years of age or older and record a covenant in a form approved by the City Attorney's Office to run with the land so restricting occupancy of such units. 12. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 83-84-7, now pending. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 3, provided, however, that temporary louvered-type screen devices shall be constructed on top of the carports located adjacent to the southwesterly four ("C") units. The screening shall be approximately eighty (80) feet long, and shall adequately screen the proposal from the adjacent dwellings and shall be approved by the City's Building Division. Said screening shall remain on the carports until adjacent property to the west zoned RS-A-43,000 with a resolution of intent to RM-1200 and developed with a single-family dwelling, is ultimately developed for uses other than single-family residential. 14. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 11 and 12, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 28 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. 15. That prior to final building and zoning inspections, Condition Nos. 1, 6, 7, 9 and 13, above-mentioned, shall be complied with. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled this date. City Clerk Roberts announced that there were a number of waivers requested and she understood that all were deleted because of revised plans. The Mayor asked to hear from the applicant or applicant's agent. Mr. Bill Pene, G. G. P. Associates, developer, 5015 Burke, Newport Beach, Suite 7, was present to answer questions. Councilwoman Kaywood stated that she was very concerned that there were eight waivers requested and by the "magic stroke" of saying the project would be 100 percent senior citizens, no waivers were necessary. She found that unacceptable. She referred to a set of previous Planning Commission minutes wherein the developer stated he liked the idea of a mix of senior citizens and younger people to avoid a convalescent home appearance and suddenly, 100 percent seniors was fine. They were calling a 55-year old person a senior, one who did not own a vehicle and, therefore, would not be driving, with the requirement that only one of a couple be 55 and the other could be any age. Further, the size of the units was entirely unacceptable. Her garage was 600 square feet and the units proposed were 436 to 480 square feet, which she considered to be a cubicle. The staff report indicated that if the density requested were allowed, 56 units to the acre, and the standard being 36 to the acre, it would severely tax the infrastructure and create a dangerous precedent. Those were just some of her concerns. She noted in his letter to the Council, Mr. Pene stated the appeal was initiated by Mr. Bernard Blume. She pointed out, however, that she set the matter for a public hearing due to the foregoing concerns, especially the eight waivers. Mr. Pene noted that the Planning Commission approved the project unanimously. Relative to the size of the project and comparing it with existing senior citizen projects approved in the City, in every category, they were well within established precedent. The density of 56 percent was well within the constraints of two other projects which were approved at 66 and 68 percent. Further, the project would not adversely affect the concerns expressed relative to infrastructure. Relative to traffic or density, if the project was developed w~th 64 units under a typical apartment development for 1.74 acres as permitted, it would generate three residents per unit, or a total of 192 residents. The proposed project would only generate a maximum of 126. It was not only important to consider the number of units, 79, but also the type. They were one bedroom and studio units and the amount of people that would be living on that land would actually be less than a typical apartment complex. 29 City Hall, Anaheim, California - COUNCIL MINUTES - January 10~ 1984, 10:00 A.M. In answer to a line of questioning posed by Councilwoman Kaywood, Mr. Pene relayed the following information: Rental would be on a lease basis; they had agreed to sign a covenant with the City that would limit the tenants of the project to age 55, so that at least one of the tenants was 55 and there would be no more than two persons in each unit; the total of 126 residents was based on one person being in a studio unit and two in a one-bedroom unit; in order to guarantee that only one person and not two would be renting studio apartments, a document could be drafted assuring that there would be only one tenant renting a studio unit; at the present time, rentals ranged from ~350 to ~400 a month; they had no agreement with the City Housing Authority--the project was completely funded with private funds and they were asking for no monies or special considerations; he considered age 55 in the realm of a senior citizen and if they were being asked to stipulate to certain conditions, it was important that if down the road market conditions changed and they ran into a vacancy problem they still had that range of people to draw from in the market, 55 and above. To raise 55 to 60 or 65 years of age would limit the market; there were senior citizen projects in the City where the size of the units were smaller than those proposed, one being at 950 Gilbert; there would be no medical facilities on-site and no dining facilities. The project was for ambulatory seniors and they were not building a convalescent home. Councilwoman Kaywood noted that they were asking for a 53 percent density bonus with no guarantee of anything and they could charge any rental rates they wished. It was not providing so-called senior citizen housing at an affordable rate. She also noted that the project on Gilbert Street was the only one that contained units of smaller square footage than that being proposed. Councilman Pickler disagreed with age 55 being considered a valid starting point to being a senior citizen, especially the assumption that people who were 55 did not drive, and thus the need for less parking spaces. He further felt the project was too high a density for the area and did not see it as an enhancement. He also suggested that staff review the age issue relative to the definition of a senior citizen, which he felt would be more appropriate starting at 60 or 62. He maintained that the propcsed complex was not, in reality, a senior citizens development. Councilwoman Kaywood pointed out that the Planning Commission had since proposed that 62 be considered the age for a senior citizen complex. Councilman Overholt then posed questions to Mr. Pene relative to site screening with regard to Mr. Blume's property to the west; Mr. Pene stated they agreed to provide the necessary screening and to submit it with the approval with the Anaheim Building Department. To them, it was not an issue--they had agreed to the proper screening and it would be done. Councilman Bay noted in the letter from Mr. Blume, dated November 29, 1983, he mentioned that the builder had agreed to build an 8-foot wall on the westerly side of the development. He asked Mr. Pene if he had stipulated to building 3O City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. that 8-foot wail; Mr. Pene answered "yes," that they would build the 8-foot wall. If the question had to do with carports, a wail would divide the property line and the carports would be on the other side of the wall. The wall would be on their property line. Councilman Bay stated that he did not find any 8-foot wall in the conditions; Councilwoman Kaywood asked if he was now stipulating to an 8-foot wail. Mr. Pene answered "yes," as was indicated in the minutes of the Planning Commission meeting (see minutes of November 14, 1983). The Mayor asked if anyone wished to speak, either in favor or in opposition. Mr. Bernard Blume, 2638 West Bali Road, owner of the property to the west of the proposed project, first submitted a diagram showing the proximity of his house to the property line (made a part of the record)e He explained that at the time he requested the 8-foot wall, he did not realize that the carports to be built adjacent to his property line would be open. The carports were five feet from three of his bedrooms and two baths and in addition, bordered 60 feet of his patio area. He had a very nice home and any type of visual intrusion was difficult. He assumed the top of the carport would be 12 feet, thus there would be four feet of open space from the wail to the top of the carport five feet from his residence. He was asking that the carports be filled in to mitigate noise, fumes and for safety purposes. With an 8-foot wall, someone could stand-on a car and jump over the fence. Further, the quality of the units should be the same as any other units, even if it was a senior citizen complex. He was asking for a solid block wall on the rear of the carports to the 12-foot height. An additional factor was that eight balconies would be facing his property and some would be able to look into his patio, pool and home. In order to solve the problem, he would like an additional two-foot parapet wall built'that would increase the height and avoid the visual intrusion on his property. He was trying to protect his health, safety and visual intrusion into his property. He also reported, in answer to Councilman Overholt's earlier questions to Mr. Pene, that he was contacted by the developer. They were constantly attempting to purchase his property and if he had committed himself to anything with them, they would be saying he would be asking for the wall because he was planning to sell the property. He felt the stipulation at this meeting for a wall and a parapet was the proper form. He considered the development to be precedent setting. Mayor Roth asked what he saw as the future for his property; Mre Blume answered that this would be an opportune time to sell his property if the developer had the ability to get the density they were requesting. If he wanted to make money, he could answer that he would move tomorrow, but if they could guarantee him his privacy, he would say that was where he wanted to live as long as he wanted to live there. He also confirmed for Councilwoman Kaywood that he did not plan to move out of his home at this point, oni~ if the conditions were such where it would not be a good place to live any longer. Councilwoman Kaywood asked if he was saying he could be forced out, but he did not plan to move; Mr. Blume answered "yes." 31 City Hall, Anaheim, California - COUNCIL MINUTES - January 10~ 1984, 10:00 A.M. Before concluding and in answer to the Mayor, Mr. Blume stated he agreed with small units and senior citizen units, but felt there had been a great sacrifice of quality in the proposed project. There was not even a recreational area and if they were trying to satisfy the needs of seniors, they should have a recreational facility. Otherwise, it was using the seniors as an excuse to create increased density. Further, the rentals were not inexpensive and he also felt they would have a difficult time monitoring the situation with regard to the age of the tenants, using as an example a 55-year old man moving in with a 22-year old daughter and subsequently the father moving out. The following people also spoke in opposition: Mr. Alvin A. Sugarman, 8071 Slater Avenue, Huntington Beach, explained that he was the developer of Meadowview Park, the adjacent project to the west, and he was also building apartment units west of the project at Sharon and Ball Road. The people from Meadowview Park did not receive a notice of the public hearing before the Planning Commission or Council. Two-hundred seventy-one feet of the subject property was contiguous to the Meadowview property. He then explained the conditions that would be placed on a project on the subject property if it were a conventional apartment project which would not allow more than 45 or 48 units and if a condominium complex, 32 or 33. Relative to invasion of privacy, the people to the south lived in small townhouses with 10-foot backyards. There was as big a piece of land where the 24 units were in Meadowview Park as there was on the subject property where they were proposing to build 79 units. If for some reason they were to grant the CUP, they should not allow carports where existing structures were behind it. He recommended a greenbelt giving a 20-foot buffer. He also recommended a reduced density. Mr. Roger Friermuth, 2671 Meadowview Lane, president of and representing the Meadowview Park Homeowners Association, presented a petition to the Council (made a part of the record) signed by 22 of the 24 homeowners. He thereupon read the preface to the signatures on the petition which stated their objections in the form of questions as to why the Planning Commission approved the project when the Planning Department had not recommended approval. They did not approve of the reclassification or the conditional use permit with the waivers proposed. The last paragraph stated, "We, the undersigned, understand that this property will and should be developed; all we ask is that you reconsider approval of this project, and act to protect the peace, health, safety and general welfare of the citizens of Anaheim." He stated they did not receive any notification and found out about the project only ten days ago, and in that short time had done all they could. He found that some of the questions (as outlined in the petition) had already been answered. They did not oppose the senior citizen project and looked forward to having senior citizens as neighbors, but in looking at the waivers requested, they felt that seniors needed better than a minimum development. 32 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. After Mayor Roth clarified the notification procedure for public hearings, he questioned the City Attorney relative to the fourth question in the aforementioned petition asking how covenants could be enforced when courts had ruled that landlords could not discriminate as to age, sex, color or religion. City Attorney Hopkins answered that they had been told the covenant would be enforceable. Although it might be somewhat difficult, the covenant would be recorded and enforceable. 'Mr. Friermuth then stated, speaking for himself, they had moved to the area because they felt it was a nice, medium density area and not highly impacted. Further, listening to Mr. Blume, they were in the same position, since his backdoor was 20 feet away from the proposed parking area and his patio would be directly adjacent to a wail. He, too, was upset over the open carports. He would prefer a greenbelt, but in lieu of that and as a last resort his choice would be an enclosed carport. Kevin Thornton, 2685 Meadowview Lane, expressed his concern over the proposed density of the project and Mr. Pene's comments that it would not affect the infrastructure of the area. He questioned what impact would occur if the CUP were allowed if Mr. Blume sold his property and the people to the south sold theirs. Annika Santalahti, Assistant Director for Zoning, stated she did not believe the density change currently being proposed would have an impact, but if the whole area redeveloped at a higher density, it m~ght. Mr. Thornton also pointed out that the site for the trash area would be 50 feet from his backyard and, further, if the carports were 12 feet high, his backyard was only 10 feet deep. They did not want to have to look at a wall. He would like a greenbelt and the structures removed from against the back wail. Mr. Phillip Case, 1249 East Imperial Highway, Placentia, stated first that he had been developing apartments in the City of Anaheim for 20 years. He would like to register his strong opposition to the project for two reasons: They had built and still owned the property 260 feet to the west known as The Balboa, since 1973, developed at 27 units per acre. The subject property proposed to be built in the §uise as an exclusive senior citizens residence was a definite threat to the density of that street. They had a definite economic interest in the project as an owner. The other reason, they were active builders and would like to continue building in Anaheim. He was present today so he would not have to be back tomorrow trying to do the same thing Mr. Pene was doing. The best he (Case) had been able to do in the last five years in the City was 27 units to the acre. The economics of building apartments today was ail tied to the cost per foot and the rent per foot. What the developer was proposing was low-cost only to the developer, not the occupant. Mr. Pene stated an entry rent of 80 cents a foot. Their property to the west contained a bachelor apartment of 550 square feet renting at 75 cents a foot furnished, with one-bedrooms at 735 square feet at 57 cents a 33 City Hall, Anaheim, California - COUNCIL MINUTES - January 10~ 1984, 10:00 A.M. foot unfurnished. The property they were currently developing at 1250 East La Palma consisted of 48 units, 24 one-bedrooms at 700 square feet and 24 two-bedroom, one-bath units at 835 square feet. Those were going to be opening up and renting at 67 cents a foot for the one-bedrooms on 1.7 acres of property, which was exactly the same shape and size as the subject property. He would not be able to compete with other people trying to do this same thing if he had to continue to build under the existing Code requirements. The price of ground was relative per unit and not tied directlY to the square footage involved. It would leave him no choice but to play the same game. He wanted to see more thought put into the project before allowing a deviation to a City Code. He reiterated, he did not see how he could compete in the market place on a legitimate basis if the word got out that all you had to do was qualify a project as a senior citizen project. It was also a poor design on top of everything else. Mr. John Shanahan, 1215 South Empire, a member of and speaking for the Anaheim Senior Citizens Commission, stated they were in favor of the proposed 79 senior citizen units. They felt comfortable in approving the project based on the CUP being predicated on the covenant which had been discussed fully which protected the development as a senior citizen complex. They felt that the unit size and rental cost was up to the individual. What they were hearing today was that people agreed to the need for senior citizen housing in Anaheim, but did not want it in their backyard. He also took a tour of the area and there were four single homes on the north side of Meadowview that were two-stories that would be invading the privacy of the senior citizen project. He reiterated, they needed senior citizen housing and were going to fight every time there was an opportunity to get some. Mr. Shanahan then answered a line of questioning posed by Councilwoman Kaywood, as well as questions by Council Members Pickler and Overholt, relative to the size of the units, the rental rate, the age limit and the lack of amenities which were usually a part of senior citizen developments. Mr. Shanahan remained steadfast in the need for senior citizen housing and maintained that what was considered suitable varied with the individual. Mayor Roth then asked Mr. Pene to make his summation. Mr. Pene first stated he resented some of the comments made. Their organization was ~0in~ to build the project and retain it. They saw a need for those units in the City and they were filling that need. The developers were afraid they were going to have to compete with the proposed rents. The waivers requested were very small from the established Codes. If he eliminated 15 units and made a recreational area, he would have to raise rents to $500 a month. The project included a pool and spa. Relative to the comments from the people to the south, carports butted up against the property line for most of the area. Further, they agreed to sign a covenant with the City and he would like to hear what the City would want in that covenant. They wanted to rent to seniors and not young adults. It was a good project and would be well built. He had calls after the Planning Commission meeting from seniors all over the City wanting to get on a waiting list for the project, and they were aware of the size of the units and that came from the 34 City Hall., Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Housing Development Department. The units might not be for everybody, but certainly for a good segment of the City's population. He reiterated that he wanted to hear from the City as to how they wanted the covenant set up to assure that it was rented to seniors, since that was one of the major issues expressed. Councilman Bay wanted to know what guarantee would any senior have who moved into the project and rented an apartment at ~350 a month as to what the rent would be one year later. He was not proposing rent control, but with a 53 percent density bonus, there ought to be a proven welfare to the good of the seniors that they could count on. Mr. Pene stated he did not know how to respond to guaranteeing rents. They were doing the project with completely private funding. He commented previously he would like to have had money from HUD or have the City buy down the land. Councilman Bay reiterated his question--what was Mr. Pene offering on a long-term basis for the good of seniors or anybody else in the City for the 53 percent density bonus being requested;-Mr. Pene stated he did not have any problem tying it to the HUD affordable rat~s for 25 percent of the units if that was necessary. ENVIRONMENTAL IMPACT REPORT - DISAPPROVAL OF NEGATIVE DECLARATION: Councilwoman Kaywood stated she would like to preface her motion for denial of the EIR finding by pointing to several of the remarks made by Mr. Case, who, to her knowledge, was the largest apartment builder in Anaheim. He built quality apartments at reasonable prices that 20 years later were still in excellent condition. He built, maintained and owned them. He said he could not compete without doubling the density. As was pointed out on Page 4-e of the staff report, Item 20, "Planning Commission may want to also consider the precedent setting nature of this request...The density request far exceeds that anticipated by the General Plan for the area. Should this density be approved, the infrastructure would be severely taxed." They also heard from Mr. Blume if the project were to be built as requested and his privacy was no longer possible, he would be forced to sell, but he did not want to sell. If Mr. Blume were to sell, the property owner to the south would also be looking to sell. They would then not be looking at 79 apartments, but 236 apartments "squashed" in a substandard manner and with the guise of a senior citizen project where eight waivers were suddenly wiped out with the stroke of a pen. Councilwoman Kaywood thereupon moved to disapprove the negative declaration from the requirement to file an Environmental Impact Report on the basis that there would be significant individual or cumulative adverse environmental impact involved in the proposal. Councilman Pickier seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 84R-10 and 84R-11 for adoption, denying Reclassification No. 83-84-7 and Conditional Use Permit No. 2499, reversing the findings of the City Planning Commission. Refer to Resolution Book. 35 City Hall~ Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. RESOLUTION NO. 84R-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (Reclassification No. 83-84-7) RESOLUTION NO. 84R-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2499. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution Nos. 84R-10 and 84R-11 duly passed and adopted. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session to discuss potential litigation. Councilman Overholt seconded the motion. MOTION CARRIED. (3:15 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:32 p.m.) 179: GUIDELINES - SENIOR CITIZEN: Councilman Pickler stated in order to settle the question of age limits, etc., relative to senior citizen developments as had been broached in past discussions, he recommended that guidelines be established, working through staff, senior citizens and developers, so that they would have a formula as to the definition of a senior citizen, whether it be 55, 62 or whatever. He felt, however, that the age aspect was just a part of the problem. They had to specify to the Planning staff that they should look at other related items as well. Mayor Roth suggested that the matter be considered at the conclusion of public hearings. 179: PUBLIC HEARING - VARIANCE NO. 3345 AND NEGATIVE DECLARATION: Application submitted by Hugo A. Vazquez, to construct an 7-unit affordable apartment complex on RM-1200 zoned property located at 129 South Melrose Street, with the following Code waivers: (a) minimum 10t area per dwelling unit, (b) maximum structural height, (c) maximum site coverage, and (d) minimum sideyard setback. The City Planning Commission, pursuant to Resolution No. PC83-211, 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, and further granted Variance No. 3345, in part, subject to the following conditions: 36 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. 1. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 3. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 5. That prior to issuance of building permits, the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that twenty-five percent (25%) of the residential units shall be rented as low or moderate income housing as defined in Government Code Section 50093 and with appropriate resale controls as approved by the City of Anaheim. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through 4. 7. That prior to final building and zoning inspections, Condition Nos. 4 and 6, above-mentioned, shall be'complied with. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Hugo Vazquez, 619 South Live Oak, was present to answer questions. Councilwoman Kaywood stated that this was also a project where there was a great deal of neighborhood concern expressed at the Planning Commission meeting and she did not read any answers to those concerns. One of the issues was the proposed three stories in a block with only one and two stories, and parking. She asked Mr. Vazquez if he also owned the vacant lot next to the subject property. Mr. Vazquez answered "no," although he had tried to purchase it on several occasions. He then submitted his letter dated January 6, 1984 (Redhill Realty), made a part of the record, the purpose of which was to formally address the Council and all concerned agencies in writing of the individual property owners' support and full approval to construct a 7-unit apartment 37 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. complex on 129 South Melrose. Mr. Vazquez thereupon read the letter, noting that the project provided for 18 parking spaces, it was a secure complex with a well thought out design consisting of two floor plans--2-bedroom unit with a full bath wi~h a den/bedroom, or a 2-bedroom with 1 1/4 bath, private spa and barbeque area and other amenities, as listed. Attached to the letter was a petition signed by approximately eight residents living on both Olive Street and Melrose, who were in favor of the project and who had lived in the neighborhood since the early 1900's. Councilwoman Kaywood asked relative to parking, if the three-bedroom unit was taken into account; Miss Santalahti answered that the Parking Ordinance adopted approximately one year ago required that all apartments have 2.5 spaces per unit, except for studio-type apartments. The project did meet Code. Councilwoman Kaywood stated she wanted that looked at again. She had calls Sunday that those requirements were ridiculous, because they were overflowing parking everywhere. Further, parking for new apartments and condominiums that they were permitting was another issue which she would be bringing up as well. Councilman Pickler asked Miss Santalahti if she saw any problems with the proposed development; Miss Santalahti answered that two waivers were being requested, two having been deleted. The second waiver, maximum structural height, would not have been needed if the garage level, which was the first story, were below grade. It would need a waiver the way it was designed. Relative to the minimum sideyard setback, she felt that Code could be satisfied. She did not believe the waivers were significant as proposed in the development. Councilwoman Kaywood noted that it was a single-family area and presently the house on the property had more than one family living in it. The people who rented it asked to have one of the doorways blocked off so they would have privacy. Approximately eight people were living there. The Mayor then asked if anyone wished to speak. Mr. Michael Brayton, 503 East Broadway, stated he was opposed to the project. He was the Block Captain for Neighborhood Watch and represented the neighborhood. He referred to the petition signed by 29 residents who were against the project for the following reasons: The building would dwarf neighborhood structures; they were opposed to the requested structural height and minimum sideyard clearance; Mr. Vazquez was "stuffing" as many people as possible into the present residence by taking a single-family dwelling and making it into a multiple-family dwelling without permits and against Code and it was a health hazard; parking was currently a problem on the street; Melrose Street was the nicest residential street in downtown Anaheim other than it needed to be repaved and it was the only street in the Redevelopment Area that had a Neighborhood Watch. He also reported that the Redevelopment Agency was not working with Mr. Vazquez and not making loans to anybody in the area (Area 4), because they were currently making a study on the type of impact that would be made with high density or a large development in close proximity to single-family dwellings and one of the options was to down-zone the area, so that developments like the subject project could not be made. 38 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Mayor Roth interjected and asked for clarification as to who was discussing the latter, i.e., down-zoning; Mr. Brayton answered, the Redevelopment Agency and that was one of their options. Councilman Bay pointed out that the Council also sat as the Redevelopment Agency and that they were not aware of that situation. In concluding, Mr. Brayton questioned, considering the cost of the project, if it did not pencil out as far as economics, would Mr. Vazquez then "stuff" more people in the complex as he had done in the past.with other pieces of property. There were also 14 children under the age of seven living in that one block and they were concerned about the number of people who were going to be living on that street. Mr. Joseph Sinner, 124 Melrose, referred to the Planning Commission Resolution, Item 4, Page 2, "That there were exceptional or extraordinary circumstances or conditions applicable to the property involved..." California Code Section 65906 stated that "...variances from the terms of the zoning ordinance shall be granted only when because of special circumstances applicable to the property...deprive subject property of privileges enjoyed by other property in the vicinity and under identical zoning classification." Currently under existing zoning law, no other property on that block would be allowed to build a three-story structure and ignore the sideyard setback. Therefore, granting of the variance to Mr. Vazquez would constitute a special privilege inconsistent with present zoning law. Mr. Vazquez had plans he had shown in the neighborhood where ail cars must enter from the alley and exit to the east onto Melrose. According to the recent CalTrans Highway Capacity Manual, eight trip-ends per day per unit would mean an additional 56 trips per day onto a small street. There were small children in the area and additional trips could cause safety problems. The variances were self-induced. If Mr. Vazquez would submit a plan within the existing Code, he would get the support of the community. Mr. A. R. Buis, i241 East Union, Fullerton, stated that he and his wife purchased the property to the south of the proposed project in 1946 and in 1966 they started renting it (a two-story house) and had done so ever since. If the complex were permitted, it would be undesirable, because there were seven windows on the north side of his house, which would be obstructed from the light. He could, perhaps, live with that, but he was concerned about "loading" the apartments with people. He wanted a block wall at least six feet high on the property line to protect his renters. The Mayor asked for clarification that he (Buis) would not be opposed if a block wall fence were built; Mr. Buis stated what was presently existing on that property was bad. Pat Whitaker, Neighborhood Restoration Specialist, Community Development Department, explained that relative to the remark made by Mr. Brayton, they had reviewed briefly with him various alternatives to development that might come about in the future, which included possibly a less dense development, a 39 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. more dense development or a mixed use development. There was nothing implied or stated that would lead one to believe that the Agency was considering lowering the density or down-zoning the area, and the statement about downgrading the zoning was not true. They were looking at the general alternatives. Mayor Roth thanked Ms. Whitaker for the clarification, since upon hearing the remarks, he felt there was something wrong, since the Redevelopment Agency (consisting of the five Council Members) were not aware that anything like that had been approved. The Mayor asked Mr. Vazquez to make his summation. Mr. Vazquez stated that relative to the block wall, that was already a part of the conditions. He so stipulated that there would be a six-foot block wall on both sides of the project. Relative to stuffing people into the apartments, he had originally rented the present property to approximately five people. The tenants were people who worked for Van's Tennis Shoes. When the Van's building on Broadway burned down, friends of the people who lived on the property did not have the funds necessary to continue renting their apartment north of Lincoln, and they moved into the property. They were still living there. He was hoping to get the project approved and subsequently was going to tear the present structure down. The neighbors had not looked at the plans proposed and when he knocked on Mr. Brayton's door last week, he (Brayton) said he was opposed without seeing the plans. He knocked on doors and sat down with people and went through the plans. It was going to be a quality project and quite expensive. It was high in quality, not density. He did not believe the average individual was going to invest a great deal of money and then try to attract "substandard" tenants. The Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, 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. Councilwoman Kaywood stated that although the drawing of the proposed project was attractive, she felt that on that block of Melrose with one- and two-story structures, a three-story structure would be setting a precedent the residents would be unhappy with. Councilwoman Kaywood offered a resolution denying Variance No. 3345, reversing the findings of the City Planning Commission. Before a vote was taken, Mayor Roth stated he was going to vote against the resolution, because the City Council' had been trying to encourage citizens in that community to upgrade their properties. Mr. Buis stated that the existing 4O City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. property needed help and badly. He (Roth) maintained that rundown properties only brought about more rundown properties. The request for three stories was partly technical, because of the garage. Councilman Bay, speaking against the denial, stated that no density bonus was involved and it could have been requested up to 25 percent under State law, or on 25 percent affordable, which was being proposed. The only deviations were the maximum structural height and sideyard setback. They heard from the property owner to the south who requested a six-foot wail, and they had a stipulation that the wail would be built, both on the north and south side of the property. He did not see a great impact with the 32-foot height when there were already existing single-family dwellings of that height in the neighborhood. He felt the project would be good for the neighborhood unless the owner abused the way he rented the units. Councilman Pickler stated the number of variances was minimal. He felt that once such a project was built in that area, it would tend to enhance it. A vote was then taken on the proposed resolution of denial and failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood Bay, Overholt, Pickier and Roth None Councilman Roth thereupon offered Resolution No. 84R-12 for adoption, granting Variance No. 3345 in part, subject to City Planning Commission conditions, including the stipulation of six-foot block wall on the north and south side of the property. Refer to Resolution Book. RESOLUTION NO. 84R-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3345, IN PART. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, 0verholt, Pickler and Roth Kaywood None The Mayor declared Resolution No. 84R-12 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3350 AND NEGATIVE DECLARATION: Application submitted by Alfredo Silvo Ceballos, et al, to retain an illegal dwelling unit and to construct a garage on RM-1200 zoned property located at 428 and 428-1/2 South Melrose Street, with the following Code waivers: (a) minimum vehicular accessway, (b) minimum number and type of parking spaces, (c) minimum lot area per dwelling unit, (d) maximum lot coverage, (e) minimum floor area, (f) minimum landscaped setback, and (g) minimum sideyard setback. 41 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-212, 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, and further, granted Variance No. 3350 in part, subject to the following conditions: 1. That plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 2. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1, showing two detached dwellings. 5. That Condition Nos. 1 and 3, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 6. That prior to final building and zoning inspections, Condition Nos. 2 and 4, above-mentioned, shall be complied with. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present; no one was present. City Clerk Linda Roberts confirmed for the Mayor that the applicant had been notified of the hearing; the Mayor suggested that they proceed with the hearing and take testimony from those present in opposition. Mr. Walter Olinyk, 1230 South Hickory, Santa Aha, owner of 420 South Melrose, stated he was also present three months ago on this matter and two weeks ago the applicant cut a two-foot partition. He had three or four people working there, but the roof was still hanging close to his property. It was a big mess on the property. He had owned the property for sixteen years. The vacant lot had three trailers parked on it. People were living there with no bathroom facilities. He was having great difficulties with the owner of that property and he was begging the Council for assistance. 42 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Mayor Roth asked that a Code Enforcement Officer be sent to the property to investigate the situation relative to the trailers parked on the vacant lot. Mrs. Ida Lee Backus, 537 Sherwood Drive, stated she owned the property at 417 and 417-1/2 South Melrose, and her sister owned the house at 423 South Melrose, and they were raised on that street. Next door to her house three homemade trailers were moved in and people were living in them without any form of sanitation. There was also one behind Mr. Olinyk's house. It was a slum area and it was running down the surrounding properties. They were very concerned over the situation and some of the buildings were not built to Code. She surmised there must be about five units of people living on that property. There were leantos in the back and there was no room for a garage. The Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickier, 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. Councilwoman Kaywood offered Resolution No. 84R-13 for adoption, denying Variance No. 3350, reversing the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 84R-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3350. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overhoit, Pickier and Roth None None The Mayor declared Resolution No. 84R-13 duly passed and adopted. Councilwoman Kaywood stated she did not know whether they had to place a time constraint on cleanup of that property. Mayor Roth stated that Code Enforcement was going to be busy on the property tomorrow. Miss Santalahti stated they would notify the owner and give him 90 days to terminate any illegal situation. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2506 AND NEGATIVE DECLARATION: Application submitted by Jean K. Fogarty, to permit a temporary trailer for a fish market on CL zoned property located at 2840 East Lincoln Avenue. 43 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-215, 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, and further, granted Conditional Use Permit No. 2506, subject to the following conditions: 1. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approvmd by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That a 6-foot high masonry block wall as measured from the highest finished grade of subject property, shall be constructed on the southerly property line for a minimum distance of approximately 135 feet or more adjacent to Lot Nos. 34 and 35 in Tract No. 4152. 4. That the use is granted for a period of two (2) years to expire on November 14, 1985. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that skirting shall be provided around the bottom of the temporary trailer to provide a sound barrier and that any necessary openings required for venting shall face north towards Lincoln Avenue. 6. That prior to final building and zoning inspections, Condition Nos. 2, 3 and 5, above-mentioned, shall be complied with. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled this date. The'Mayor asked to hear from the applicant or applicant's agent. Mrs. Jean Fogarty, 6671 Canyon Hills Road, stated she was present to answer any questions. Councilwoman Kaywood explained that she had received complaints from some of the neighbors and also wanted answers to the questions they had relative to odors, whether the motor for refrigeration of the trailer would be noisy, and the kind of wall that would be constructed to protect the residents on the street to the south. 44 City Hall, Anaheim, California - COUNCIL MINUTES - January 10~ 1984, 10:00 A.M. Mrs. Fogarty stated she had not been able t~, reach the people who were going to establish the market and was going to ask for a continuance today. However, she could answer questions and then ask for a continuance. Mayor Roth asked for a show of hands of the people in the Chambers audience who were present relative to the requested CUP; approximately eight to ten people were present. Mrs. Fogarty then explained as far as the noise factor, and she was not an expert, it was set up so that the trailer was going to be lowered into the ground and there was then going to be skirting around the trailer to stop the noise. If there was any noise, it would be directed toward the traffic area on Lincoln Avenue. One of the questions raised had to do with a possible power shortage. The agent explained that there was a backup unit on the trailer. His inventory was all frozen foods and he would not put himself in a position of losing that inventory. Relative to the odor, she personally went to the site where the trailer was now located in Santa Ana and she did not smell any odor. Everything was frozen, the same as in a frozen food market. They were presently located on Grand Avenue in Santa Ana in an industrial area. The trailer had a lot of material underneath it that was not necessary. The trailer they were going to use was not as high as the one on that property. If they did use that one, they would be removing the rigging and it would be sunk down and it would be shielded. There was going to be an awning and wood decking all around it and it would look like a seafood grotto. There would be paved parking, a block wall fence and poles stuck into the asphalt to stop traffic from going through. At present, trucks were parked on the property and there was dust. Traffic was going through the back of the center which was used as a garbage dump. The proposal would be an improvement to the area. The color of the trailer would blend in with the rest of the center. Councilman Bay asked the hours of operation; Mrs. Fogarty answered she thought it was 10:00 to 7:00, there were no lighted signs except lighting for parking, whatever the City would require. Councilwoman Kaywood asked if she lived on the south side, what would she see; Mrs. Fogarty stated that at present, there was a 4 1/2-foot fence and if the CUP was approved, there would be a 6-foot fence, on the other side would be shrubbery, there would be a nicer view with no dust factor. There would then be a parking lot and the back of the trailer, which would be about the same height as the building on the property, and it would be painted a cream color. The Mayor asked to hear from those who wished to speak. Bette Miller, 2857 Gerald Circle, stated she had a petition signed by 60 concerned residents of the area, which she thereupon submitted (made a part of the record), after reading the heading, which outlined the concern of the residents: Odor that would be generated from the market; increase in dust and traffic; it would encourage an influx of insects and rodents; it would depreciate the value of the adjacent homes. She pointed out that the trailer City Hall, Anaheim, California - COUNCIL MINUTES - January 10~ 1984, 10:00 A.M. was not a prefab type as used by other merchants. It was a deep, refrigerated semi-trailer rebuilt inside to be self-contained. She did not know how they accommodated lavatories and the like. Mrs. Fogarty was asking the residents of the area to close their eyes and accept any means she could find to accept money for the property. Questions were then posed to Mrs. Miller by Council Members during which she described the trailer now located in Santa Aha which would be the unit to be placed on the subject property and the noise emanating from that refrigerated unit. Mr. Dale Bradford, 2861 Gerald Circle, stated his home was almost immediately behind the subject property where he had lived for 20 years. His home was ~11 he had and he wanted to protect it as best as he could, as did the other 59 residents. There was a double fence along the property line. The people who were there before the property was developed had a 6 1/2-foot concrete block fence and that was what he had. Refuse had been moved into the area behind his home. The Sanitation Division should give some thought and consideration to the valley created by the two block walls, with eight to ten inches in between where there were all sorts of refuse and rats. When the six-foot fence was constructed behind his property, he was going to have the same situation, which was an unhealthy one. Relative to odor, he had worked around motels and restaurants all his life and any refuse from paper where fish was wrapped was going to have an odor. Mayor Roth, speaking to Mrs. Fogarty, noted that Curtis Schwartz, the vendor who was going to put the unit on the property, had the expertise to give the Council the information they°needed. He wanted to know the reason why he was not present today. Mrs. Fogarty stated she could not notify him in time and he went up to Alaska and Washington. The message was not communicated to him correctly and he was under the impression that the project was approved. Relative to Mr. Bradford's presentation, the existing situation was there when she bought the property. The other thing was the situation of the fill in the vacant land shortening that site. She had offered to add to the fence. She was flexible and if they wanted two fences or one fence, she offered both alternatives to them. She believed Mrs. Miller wanted the double fence. MOTION: After additional questions posed to Mrs. Fogaraty by Council Members, Councilman Bay moved that action on the CUP be continued for two weeks and that a continued public hearing take place on Tuesday, January 24, 1984, on the basis that the actual tenant and user of the trailer was not present. Councilman Overholt seconded the motion. Before action was taken, Councilman Bay stated he assumed the tenant could be present at that time to give them the technical answers they needed regarding the noise of the refrigeration unit, potential odor problems, etc., because without some assurance of a solution to those problems, he would have to oppose the issuance of the CUP. 46 City Hall, Anaheim, California - COUNCIL MINUTES - Januar~ 10, 1984, 10:00 A.M. Councilman Overholt stated he would like to see some pictures in two weeks; Mrs. Fogarty stated they could take additional pictures and perhaps submit an artist's rendering. Councilman Bay suggested where there were two walls or a fence and a wail adjacent to each other that Orange County Vector Control be called to come out for rat infestation or any other infestation in that area. Councilman Overholt stated it was his understanding the public hearing portion was closed, but that questions could be asked. Mayor Roth asked that the continued hearing be set as the first public hearing on January 24, 1984, at 1:30 p.m.; Councilwoman Kaywood stated at that time she wanted to know the height of the trailer and the width. A vote was then taken on the foregoing motion. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2342 (READVERTISED): Application submitted by Patricia H. Chappeil, (L.O.R.D.S. Ministries), to consider modification or revocation of Conditional Use Permit No. 2342, to retain a church and food distribution center on CG zoned property located at 806 and 808 North Anaheim Boulevard, with the following Code waivers: (a) minimum number of parking spaces, and (b) permitted outdoor storage. The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 21, as defined in State Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. The City Planning Commission, pursuant to Resolution No. PC83-216, revoked Conditional Use Permit No. 2342. The decision of the Planning Commission was appealed by the applicant and a public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Louis Forkell, Director of L.O.R.D.S. Ministries, 747 1/2 North Philadelphia Street, firs~ confirmed for the Mayor that he was the pastor of L.0.R.D.S. Ministries. Councilman Pickier stated that he had passed the property many times and noted the last time that a "for lease" sign was displayed on the building. Miss Santalahti stated she went to the property at lunch time and noted that the premises were vacated. Paster Forkell explained that the Planning Commission gave him 22 days to do something and refile. At that meeting, he told them he found other property in the City of Orange and they were in the process of moving. It did not mean he wanted to shut down what he was doing in Anaheim. The property was not 47 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. vacated, he still had an active lease, but in order to protect himself, he had looked for other means but not where the chapel was concerned. They voted to have both the food ministry and chapel closed. He had not found another chapel. The ones suffering in this situation were the landlords, because they were losing rent. They had a new facility they could move into, but he did not want to give up what they were doing in Anaheim, since there was a tremendous need. Since the Planning Commission meeting, the ministry served over 168 families from Anaheim, recommended through Anaheim agencies. Mayor Roth stated he had heard good things about the chapel and bad things relative to food processing at the location, trailers on the property, disposal of spoiled food, etc. He asked for confirmation if Pastor Forkell was saying that he was moving the food distribution to Orange and not bringing it back to the subject location, but instead would be using the existing structure for a chapel and counselling center. Pastor Forkell answered that the chapel was at 804-806 North Anaheim Boulevard with one landlord, and 808 had another landlord. He did not see the feasibility of expanding the chapel, because now they were going to get back into parking spaces. He would propose and be willing to go along with a dry storage, not even an on-premises labor type of thing, but when he would have excessive loads of any dry products he could use the facility for dry storage such as for beans, canned goods, etc. It would not be an active handout center as in the past. They would take the refrigeration out and it was being removed now. Ail fresh products would be at their new location. Councilman Overholt asked if he was proposing use for dry storage only, would there be any garbage whatsoever connected with that use or any waste products. Pastor Forkell answered if so, it would be things that would not be offensive and he would be willing to go a step further. They had made arrangements with their new location and if the day came that that occurred, he would take it to their new location. He would not use a dumpster on premises. He would use it long enough to load it and take it away. Councilman Overholt asked about the frequency of ingress and egress by their big diesels and suggested that perhaps a limitation could be placed on the number of trips, since one of the problems was odor from diesel trucks; Pastor Forkell stated on an average it would not be daily. There might be a bobtail truck, van or something on a daily basis, but not over one or two trips at the most. The liquor store on the corner also had deliveries four or five days a week that used diesel trucks. They should not be any more frequent than that. Councilman Bay asked if he had read the petition that was received from nearby homeowners listing parking, noise, odors, sleeping on the premises, excessive storage of trucks, trailers, etc., general appearance and hours of operation, with truck going in and out, forklifts being operated, etc. If they changed to only dry supplies, he did not know how that would solve the problems unless Pastor Forkell could tell him. 48 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Pastor Forkell answered those were a problem by petition and not by fact. At the previous hearing he asked where were the citations. When an inspector visited the property and could not find the problems, it was not possible to acknowledge a problem as existing. The Mayor then asked to hear from those who wished to speak. Mr. Wiiber Parnell, 115 East North Street, stated as far as dry storage, they were still going to have rodents and rats, which they had for the last three years. L.O.R.D.So Minstries had two bobtail trucks that were both diesel. When they were driven in and parked there in the morning, his whole house was fuji of diesel fumes. At one time when the City Inspector was at his home inquiring as to the complaints, one of the diesels was parked outside. His windows were up in his home and within five minutes the inspector said he was going out to shut the man down. The inspector had gone out in response to the City Attorney. They had semi's, two bobtails and a pickup that were all diesels. The Mayor asked if he was saying he would have no objection if the facility were used as a chapel and for counselling, but his concern revolved around the trucks, the noise and exhaust fumes. Mr. Parnell stated he objected to the trucks, forklifts and the early morning and late night hours. The chapel never caused problems. If he kept the campers, mobile homes and trailers off the property and moved the food distribution, there would be no problems with parking. Mr. Bill Erickson, 301 East North Street, Block Captain of Neighborhood Watch, stated it was called to his attention that there were various complaints with regard to Conditional Use Permit No. 2342. Relative to the chapel, he had never heard any evidence against it, but if there was going to be a repetition of food distribution, they would be getting into the same category as before. He felt it was unbelievable that Pastor Forkell was appearing before the Council, so that he could start something up again. Theresa Halliday, 17522 Rainier, Santa Ana. She owned the property at 114 Mills Drive on the corner of the alley behind Mr. Parnell. Her biggest objection was traffic on the alley and her concern over the money it was costing her because her fence ~as badly damaged by the trucks. Estimates to repair the wail to its original state were ~5,000. Mary Lou Terhay, 761 North Claudina. The situation had been unbearable all summer with trucks, noise and exhaust. She could not keep her door open in her apartment. They were operating ail hours of the night and they did not live by the ordinance that stated hours were 7:00 a.m. to 6:00 p.m. It was 11:00 and 12:00 at night. He was backing trucks up into the street. That was the biggest thing. It was unnecessary noise. 49 City Hall, Anaheim, California - COUNCIL MINUTES - Januar~ 10, 1984, 10:00 A.M. Councilman Pickler asked if the hours for the trucks were limited to 7:30 or 8:00 a.m. until 5:00 p.m., would that be acceptable; Mrs. Terhay answered that would not cut down on the smell from the diesels. Mr. Bob Speake, 211 North Street. He lived two blocks from the site and although he did not get the smell from the diesels, he did object to the traffic generated by the trucks and the hazards involved. Patricia Chapel stated she owned the building and she was located next door and had been for five years. There were a lot of trucks going in and out and a lot of people bringing food back and forth. She thought the complaint was the garbage and waste and people coming in and out. They had since moved the food distribution operation. She suggested he needed more space. She questioned him as to what would be wrong if he stored his dry food on the premises, have pickup from 8:00 to 5:00, and not have people on the premises. He thought it would be all right. There was talk about rats and rodents, but her business was next door where she had fabrics worth $30 a yard and there were none in her building. For the first two-and-one-half years the ministry was located there, there were no complaints because they were not that busy, but last year they were very busy. Councilman Roth asked Pastor Fork~ll his reaction if they were to say he could continue the chapel and give him a trial period of six months on the dry food operation, with trucks limited to daylight hours only; Pastor Forkell answered that with their new operation, he saw no problem with that. He noted that Anaheim Boulevard was a truck route. He had his diesels checked and they all passed. Ali the problems the neighbors had presented had been taken care of. Councilman Pickler asked why the bin on the premises could not be moved inside and when trash pickup came around it could be put outside for emptying; Patricia Chapel stated that would be fine with her, since she had someone on the premises every morning at 7:00. There was no reason why it could not be pushed outside. The City told them to put the opening in and she disagreed with them at the time. It should have been back against the building and then in the morning pushed out. She agreed it should be inside. Miss Santalahti explained that the problem with the Sanitation Division was that when they were dependent upon the tenant pushing the unit out, they usually pushed it out earlier and left it out longer. If they could get to the unit itself within an enclosure, the chances were better it would stay in the enclosure. The Mayor closed the public hearing. Councilman Overholt stated they were sensitive to the residents, but a whole block of commercial property was involved. If it was a small Safeway or Alpha Beta, the same problems would be occurring. He felt the neighborhood was going to have to live together. If the ministry was willing to limit their operation to dry storage and have enough ingress and egress during daylight hours, he felt the residents were going to have to put up with that. It was not a solid residential community and what the Mayor was suggesting was something he could wholly support. 5O City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. Councilman Pickier stated he could go along with the six months, but he would like to include that the trash bin be put on the inside and something worked out with the people who picked up the trash. Councilman Bay stated he would like to see some specific times of day on the limitation of the trucks and suggested 7:00 a.m. to 5:00 p.m. He was also concerned about sleeping on the premises and people in trailers. He heard they were removed, but if there was any reason for people to be sleeping on the premises, he would like to know that now or else he assumed that was not part of the CUP. Councilwoman Kaywood noted that the M~yor had previously pointed out that diesel fumes were 20 percent worse on the human body than "homegrown" smog. She would hate to have someone say the residents just had to live with it. Also, when no one sleeping on the premises was mentioned, Pastor Forkell nodded his agreement, but they needed to have that in the record. Pastor Forkell first stated relative to the time limitation, he would prefer that it be 8:00 a.m. to 6:00 p.m. He also confirmed that there would be no sleeping on the premises in recreational vehicles or anything else. They had totally eliminated that. Miss Santaiahti noted Page 6e of the staff report c~ntained Interdepartmental Committee Recommendations. However, Item 3 pertained to a block wail, wooden fence or chain link wood slatted enclosure around the outdoor storage area and she was not clear on whether or not that was eliminated. Mrs. Chapel reported that there was a chain link fence ail the way around the property and that was where the trash recepticals were. If it was agreeable, they would bring them inside the fence and then put them out. Everything would be stored inside the building. Mr. Parnell asked about refrigeration; Pastor Forkell stated he had one unit working and that would be out at the end of the month. Mr. Parnell also asked about idling trucks which were detrimental from his standpoint; Councilman Overholt asked if there was any problem if they shut the diesels down or perhaps put a time limit on idling. Mr. Parnell stated that Mr. Forkell never let the diesels idle. The trouble was with a tall, slim driver; Pastor Forkell stated he was not there anymore. Councilman Roth offered Resolution No. 84R-14 for adoption, granting Conditional Use Permit No. 2342 (Readvertised), reversing the revocation of the Conditional Use Permit by the City Planning Commission, but subject to the following Interdepartmental Committee Recommendations (No. 3 eliminated) and subject to the following stipulations-conditions: CUP approved for six months (trial period); indoor storage of dry products and canned goods only; no food processing on the premises, dry or wet; truck deliveries limited to hours of 8:00 a.m. to 6:00 p.m. daily except Sunday; trash receptacles to be stored inside the building and pushed outdoors daily for trash pickup; no sleeping on the premises, inside or outside, in vehicles or otherwise. 51 City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1984, 10:00 A.M. 1. That the owner(s) of subject property shall conditionally dedicate to the City of Anaheim a strip of land 40 feet in width from the centerline of the street along Anaheim Boulevard for~street widening purposes, conditioned upon the City of Anaheim having a street widening project which includes frontage along subject property. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That subject property shall be developed substantially in accordance with plans and specification~ on file with the City of Anaheim marked Exhibit No. 1. 4. That Condition No. 1, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. RESOLUTION NO. 84R-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING CONDITIONAL USE PERMIT NO. 2342. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-14 duly passed and adopted. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilman Overholt seconded the motion. MOTION CARRIED. (5:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (9:40 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (9:40 p.m.) LINDA D. ROBERTS, CITY CLERK 52