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1993/06/29City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. .The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly COUNCIL MEMBERS: Pickler CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich DEPUTY CITY MANAGER: Tom Wood TRAFFIC AND TRANSPORTATION MANAGER: John Lower DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson DEPUTY CITY ENGINEER: Russ Maguire CODE ENFORCEMENT MANAGER: John Poole ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:45 p.m. on June 25, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of June 29, 1993 to order at 3:30 p.m. Council Member Hunter was absent. 105: PRIVATE INDUSTRY COUNCIL'S YEAR-END GOALS AND ACCOMPLISHMENTS: City Manager James Ruth. The workshop presentation today will be a status report on the Private Industry Council (PIC). He then deferred to Lisa Stipkovich, Executive Director of Community Development. Lisa Stipkovich, Executive Director of Community Development. The Job Training Program under the Job Training Partnership Act (JT?A) is a part of the Community Development Department. As such, the department is the interface with the Council. She then introduced Mel Miller, the current Chairman of the Private Industry Council to give the annual presentation. Mel Miller, President, PIC. He briefed the Private Industry Council's year-end goals and accomplishments. His presentation was supplemented by slides. Some of the material presented was contained in the 1991-92 Annual Report previously submitted to the City Council and made a part of the record. He noted that the report showed performance up through June of 1992. Among the topics covered were the PIC Mentorship Program, the Orange County Conservation Corp, Defense Conversion Task Force, Core/Youth Measures, Core/Adult Measures, changes, challenges, etc. He also noted that Anaheim by meeting and exceeding five of six performance standards for the 1991-92 Dr0gram year, the City received a $135,854 incentive award. Before concluding, he introduced members of the PIC who were able to be present today - Paul Bostwick, Peggy Crawford, Mike Sofia and Larry Slagle (forthcoming Chairman of PIC). He also acknowledged City staff members for the excellent job they continue to do especially Marge Pritchard who rates an outstanding from the executives who serve on PIC. Mr. Miller's presentation was followed by questions from Council Members relative to various aspects of the program. Mayor Daly thanked Mr. Miller and the members of the Private Industry Council for the time and effort they give to the Council which is reflected in the accomplishments outlined by Mr. Miller. 460 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: be To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). eo To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. MOTION: Council Member Daly moved to recess into Closed Session, Council Member Simpson seconded the motion. Council Members Hunter and Pickler were absent. MOTION CARRIED. (3:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Member Pickler, and welcomed those in attendance to the Council meeting. (5:12 p.m.). INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to John Roche, Director of Maintenance for over 31 years of service to the City of Anaheim, the majority of that time in the City's Maintenance Department. Mayor Daly and Council Members personally congratulated and commended Mr. Roche on his many years of dedicated service to the City and citizens of Anaheim. Mr. Roche commented that it has been a pleasure and very rewarding to have worked for the City of Anaheim noting that this has been his only employer since graduating from college. 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DAT~ TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing Lynne Averweg upon her retirement following 25 years of service to the Public Works & Engineering Department. Recognizing Kenneth L. Scott upon his retirement following 26 years of service to the Police Department. 461 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5=00 P.M. Recognizing Steven R. Edwards upon his retirement following 27 years of service to the Parks Department. Recognizing Joe Rodriguez upon his retirement following over 30 years of service to the Public Works & Engineering Department. Recognizing Marion Brouwer upon his retirement following almost 31 years of service to the Fire Department. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,881,738.16 for the period ending June 25, 1993, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:20 p.m.) Mayor Daly reconvened the City Council meeting. (5:22 p.m.) ITEMS OF PUBLIC INTEREST: Pastor Charlie Warren, 421 S. Mohler Drive, Anaheim 92808 - Set Free Church of Anaheim Hills. He reported on the new church they have formed in the Anaheim Hills area and the main emphasis of their ministry. They have now entered into a lease arrangement with Koll Company to move into the Koll Business Center. They have applied for a CUP with the City and would appreciate a favorable view of their CUP when it comes before the Council. They are interested in being good community citizens and offer their help and assistance to the City in any way they can. Michael Blanco, representing the NOVA Group. As a representative of NOVA, he respectfully requests that the Council appeal the court's decision on street vending. It was a decision they felt was unconscionable and NOVA is fully confident that the State Supreme Court will overturn the court's decision. From reading local newspapers, there seems to be some confusion as to where the Council stands. They would like to know if the Council plans to appeal the matter to the State Supreme Court. They would like to see that the ordinance passed by the Council be appealed to the Supreme Court and have it resolved. Fern Wilson, 200 E. Lincoln, Anaheim. She is again before the Council regarding Claudina Street and wants to know if the study has been done to see if Claudina can be changed back to a two-way street. She again relayed some of the concerns and problems that have occurred since the street was changed to one-way only. John Lower, Traffic & Transportation Manager. Staff is in the process of preparing the report. The intent is to bring it before the Senior Citizen's Commission meeting on July 8 and hopefully coming out of that meeting with the Commission's recommendations and subsequently returning to the Council perhaps the third meeting in July. 462 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5=00 P.M. Mayor D~ly. It is important to note that the Redevelopment Commission will be considering the matter. Richard Bruckner, Redevelopment/Economic Development Manager. The Senior Citizen Commission will be the body considering the matter; however, they can bring it to the Redevelopment Commission as well. Mayor Daly. He feels it would be a good idea to bring it before that Commission. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Item A31 (see discussion under that item). MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of June 29, 1993. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Daly, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Daly offered Resolution Nos. 93R-143 through 93R-145, both inclusive, for adoption. Refer to Resolution Book. Al. 123: Authorizing the Mayor and City Clerk to execute the agreement with South Coast Air Quality Management District for the development, implementation, and operation of an express bus pool service from Chino/Chino Hills areas to the Anaheim Downtown Civic Center and Commercial-Recreation areas. A2. 123: Approving an agreement with DKS Associates in an amount not to exceed $58,186 for design and construction support services for the Brookhurst Trunk Closure project. A3. 165: Awarding the contract to the lowest responsible bidder, Laubach Electric Company in the amount of $75,752.50 for Neighborhood Preservation Area 1 Area Bounded by Cypress, Clementine, Chartres and Helena Streets for trees, street lights and sidewalk repairs, and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A4. 175: Awarding the contract to the lowest responsible bidder, Caliagua, Inc., in the amount of $357,439.00 for construction of Well No. 49 site improvements and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A5. 156: Awarding the contract to the lowest responsible bidder, ACR Mechanical Corporation, in the amount of $273,735 for the Anaheim Police Department Roof HVAC Screen and Air Return System Modification; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A6. 175: Awarding the contract to the lowest responsible bidder, Pouk & Steinle, in the amount of $265,346 for Underground District No. 3 (electrical) 463 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5=00 P.M. C-R Area Phase I; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A7. 150: Approving a Notice of Completion of the construction of Little People's Park Expansion project by MCR Landscape, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A8. 167: Approving a Notice of Completion of the installation of Traffic Signal System Fiber Optic Cable - Project One by Federal Communications Contractors, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. (Fiber optic cable was installed in the existing conduit leading from the new Traffic Management Center in City Hall West, westerly on Broadway to Harbor, southerly on Harbor to Katella and branching at Katella westerly to Erookhurst and easterly to State College.) A9. 101: Approving Contract Change Order No. 2, in favor of C.W. Driver and Associates for the construction of the Anaheim Stadium Office and Support Facilities Annex Building. Al0. 123: Approving an Agreement with IWA Engineers, in an amount not to exceed $250,000 for administration, coordination and technical support services for freeway projects, and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. All. 123: Approving a First Amendment to Agreement with The SWA Group in the amount of $75,000 for landscape architectural and aesthetics technical assistance for the I-5 Freeway. Al2. 123: Approving Agreements with Law Crandall, Inc., and Kleinfelder, Inc., each in an amount not to exceed $250,000 per year to provide testing, inspection and consulting services for City projects. Al3. 123: Approving Agreements with Rock E. Miller and Associates, Inc., Transtech Engineers, Inc., and WPA Traffic Engineering, Inc., each for amounts not to exceed $75,000 for traffic signal design services; and authorizing the Mayor and City Clerk to execute said Agreements. Al4. 158: Granting a Temporary Construction Easement to Caltrans for entry onto Manzanita Park property for construction of a sound wall on Freeway right-of-way, and authorizing the Mayor and City Clerk to execute the Temporary Construction Easement and the Right-of-Way Contract. Al5. 152: Authorizing James D. Ruth, City Manager, to sign a letter to James M. Lents, Executive Officer South Coast Air Quality Management District (SCAQMD), outlining the City of Anaheim's commitment to comply with the requirements of the 1991 Air Quality Management Plan. Al6. 160: Accepting the low bid of Mariposa Horticultural Enterprises, Incorporated, in the amount of $28,554 for the Maintenance and Repair Project at Sycamore, Willow and Hansen Parks, in accordance with Bid #5155. A17. 160: Accepting the bid of Kuhlman Corporation, in the amount of $130,679 for sixty-seven single-phase subsurface transformers, switched and unswitched, in accordance with Bid #5154. 464 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5=00 P.M. A18. 1~0: Accepting the bid of G & W Electric Company c/o Banes Associates, Incorporated, in the amount of $64,583 for seventeen 15KY SF-6 subsurface switches, all in accordance with Bid ~5149. Al9. 160: Accepting the bid of Pauwels Transformers, in the amount of $57,199 for four 75 K.V.A., two 225 K.V.A., three 500 K.V.A., and one 750 K.V.A. three-phase padmount transformers, in accordance with Bid ~5152. Accepting the bid of General Electric Company, in the amount of $51,823 for two 1000 K.V.A., and one 2500 K.V.A., three-phase padmount transformers, in accordance with Bid #5152. A20. 160: Authorizing the Purchasing Agent to issue a purchase order for $20,424.84 to Pouk & Steinle, Inc., for emergency electrical repairs to the electrical system in West Anaheim. A21. 160: Authorizing the Purchasing Agent to issue a purchase order to Hoffman Video Systems, in the amount of $74,448.02 for video equipment to be used for government access programming. A22. 158: RESOLUTION NO. 93R-143: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A23. 123: Approving an Agreement with the OCTA in an amount not to exceed $31,000 to provide transportation services to senior citizens participating in the Project T.L.C. lunch programs and Senior Day Care Center. A24. 123: Approving a License Agreement with PacTel Cellular, Inc., for the use of an unused portion of Lincoln Park for the purpose of constructing and maintaining a cellular antenna site. A25. 123: Approving a Grant Agreement with Anaheim Interfaith Shelter, Inc., in an amount not to exceed $45,250 for the provision of emergency shelter and support services to homeless families in Anaheim. A26. 161: Approving grant application to the Department of Labor for $3,773,545 for Defense Conversion Adjustment funds to assist 1170 dislocated workers. A27. 140: Approving Amendment II to the Historic Resources Preservation Agreement No. 84-02-255 between the City of Anaheim and the State of California, in order to extend the Project Performance Period to June 30, 1993 for rehabilitation of the Carnegie Library. A28. 123: RESOLUTION NO. 93R-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 80 FOR RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (For street lights and trees in neighborhood preservation area in downtown project Alpha. A29. 150: Authorizing full-time City of Anaheim Employees to participate in a one-time accrued vacation buy-out, to provide a cash donation to a seriously ill employee in the Parks, Recreation & Community Services Department. A30. 123: Approving a Sixth Amendment to Representation Agreement with Spencer Sports Media, Inc., to serve as the City's advertising representative 465 City Hall, Anaheim~ California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. for exterior advertising at Anaheim Stadium extending the term of the agreement to March 31, 1998. A31. 123: The Third Amendment to Agreement with ARA Services, authorizing ARA to continue to provide food service at the Anaheim Convention Center was submitted for consideration. Bob Stefanski, 2300 Katella Avenue, Anaheim. As vice president of Ogden in Anaheim, he would like the opportunity to submit a competitive bid for the subject contract. Ogden's financial resources will allow them to make a bid that will be competitive and of greater financial benefit to the City. He is requesting that this item be postponed until they have time to prepare a formal proposal and that the Council vote after seeing two proposals. Mayor Daly asked if they have submitted a formal bid; Mr. Stefanski answered no. City Manager Ruth. This was negotiated with the existing lessee. Their lease was up and as Council will recall, they gave two different extensions while staff continued its negotiations. They attempted to tie the extension of this lease into the lease at the Stadium so that in five years they would bid them both out on a competitive basis. The City substantially improved its position in the negotiations over the existing lease. Later in the meeting, Mayor Daly stated especially on contracts such as this, he supports an open bidding process. They have heard briefly from the City Manager on the rationale for the extension. He believes five years is quite a long time to extend a contract simply to put it on the same schedule as the Stadium contract. He would like to ask the Council for a continuance to give an opportunity to discuss this with staff in more detail. When they have a proven firm who is interested in making a proposal, it is in the taxpayer's interest to at least consider the proposal. Staff may have strong reasons for continuing to recommend the present arrangement, but he feels it is in the City's best interest to consider what Ogden has to propose. MOTION: Council Member Feldhaus moved to continue this item for two weeks to July 13, 1993. Council Member Daly seconded the motion. Before a vote was taken, Council Member Hunter asked to hear from Lynn Thompson. Lynn Thompson, General Manager, Convention Center. The contract term is actually for three years with the right to allow it to go to the full five year term. It is a three year period until the Stadium's contract period is Up and then the City would have the right to bring ARA on unless the contract would be abbreviated at that point. Provisions of the existing contract are not as favorable to the City as the new arrangement and any delay would have a certain amount of revenue impact on them. The previous contract had a provision for negotiation at this time. The contract has expired as of December 31 of last year. They have been negotiating in good faith with ARA up until this point. They believe the contract terms are significantly more favorable than the previous agreement in place. Mayor Daly. The contract expired 6 months ago and he appreciates it may cost money to delay by two weeks. The overriding concern he has is for open bidding. He feels there are a lot of questions that need to be resolved. 466 City Hallt Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5=00 P.M. Council Member Simpson. He does not have a problem with a competitive bid but if all they are going to do now is get a proposal from Ogden when the terms of the bid are known, he is not sure that is a "level playing field". If they are going to require a competitive bid process with sealed bids, he could go along with that. Lynn Thompson. He reiterated, it was a contract provision in the previous contract that they were to negotiate an extension in good faith and that is what they have done as opposed to putting the contract back out to bid. City Manager Ruth. There was a provision that only in the event they were not performing would they not have the opportunity to renegotiate the contract. On that basis, they proceeded with good faith negotiations and staff did a commendable job in improving the City's position financially. ARA is putting $500,000 worth of improvements in the concession operations. Secondly, in the past agreement they were getting 10% of the net and in this operation the City gets 100% of the net and ARA gets nothing. The City has improved itself in terms of income, minimized its exposure and obtained substantial capital improvements as a result of the renegotiated agreement. Lynn Thompson. They are prepared to move forward with the architectural design on improvements for the Convention Center based on the $500,000 advance ARA would be making for those improvements. Representatives from ARA are present today. Additional discussion and questioning followed wherein the City Attorney explained the reason the contract did not go out to competitive bid. There is language in the current agreement with ARA which says the City at the expiration of the current contract will negotiate in good faith with ARA towards the extension of the agreement. At one point in time, the City Council entered into a written agreement that provided that term. To avoid a breach of that term, staff negotiated in good faith toward an extension. It does not mean the City has to enter into that extension. Mayor Daly. He suggested a continuance because he feels there are a lot of questions about the rationale for a five year extension - three years plus two - and some other aspects of the arrangement. He remains interested in what other firms might be willing to provide the City and how they might get to that point. Council Member Simpson. If the motion is just to accept a proposal from Ogden, he cannot accept that. Mayor Daly. He is supporting a continuance and not that anything else be done at this time until he can get more details regarding the rationale. Council Member Hunter. The City entered into a contract in good faith with ARA that there would be amendments. They have given the City $500,000 in advance for capital improvements to the concessions. He understands "competitive bid" but also further understands bargaining and entering into a contract in good faith. That is what the City did with ARA and what the City agreed to do. That was done. As Council Member Simpson said, because the contract and terms of the contract are known publicly, it would be very unfair to ARA, for Ogden, or anybody else to come in at this point. It would be necessary to start the process all over. The issue is - the good faith bargaining and what is the City doing at this point relative to that. He feels it is good for the City. A different Council entered into a contract sometime back and the City needs to hold up its end of the bargain. He is 467 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5=00 P.M. opposed to any continuance. They ought to approve this because it is a valid contract in good faith and they owe a duty to ARA. A vote was then taken on the foreqoinq motion to continue this item for two weeks: AYES: Feldhaus, Simpson, Daly NOES: Hunter ABSENT: Pickler A32. 184: Reviewing the need for continuing the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 19, 1993, and ratified by the City Council on January 26, 1993, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A33. 123: Approving Agreements with American Digital Technologies, Inc., ($100,000) Ascolta ($25,000), Business Info. Systems Cons., Inc., ($300,000) Data Design Corporation, ($300,000) Harte Enterprises, ($300,000) International Mgment. Systems Corp., ($300,000) John Cappelletti Associates, ($300,000) Midcom Corporation, ($300,000) P. Murphy & Assoc., ($300,000) Orbcom Inc., ($25,000) Sizemore Computer Services, ($300,000) Software Analysis & Management, Inc., ($300,000) Software Maintenance Specialists, ($300,000) Software Research & Development, ($300,000) Systems Support Consultants, Inc., and Tentek, Inc., ($300,000) for contract programming and/or consulting services. A34. 123: Approving a Third Amendment to Agreement with John Cappelletti Associates, in an amount not to exceed $50,000 for consulting services in connection with the Police Automated Systems Development. A35. 123: Approving a Third Amendment to Agreement with PRC/Public Management Services, Inc., in an amount not to exceed $50,000 for consulting services through June 30, 1994, in connection with the Police Automated Systems Development. A36. 156: RESOLUTION NO. 93R-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT FROM THE U.S. DEPARTMENT OF ENERGY IN THE SUM OF $100,000 RELATING TO IMPLEMENTATION OF A REMOTE VIDEO ARRAIGNMENT PILOT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS AND OTHER DOCUMENTS RELATING THERETO. A37. 123: Approving an Agreement with Major League Softball, Incorporated, for the period of July 1, 1993, through June 30, 1996. A37a. 123: Approving a Cooperative Agreement with the County of Orange requiring the County of Orange to hold a TEFRA Hearing pertaining to the United Western Medical Centers refinancing of 1991 bonds. City Manager, James Ruth. This is a new item that needs to be acted upon by the Council tonight necessitating waiver of the 72-hour posting provision of the Brown Act approving a Cooperative Agreement between the County of Orange and the City of Anaheim relative to the subject refinancing. There is absolutely no financial exposure to the City; the City is merely a conduit in assisting the hospital in reducing its debt service payments. MOTION: Council Member Daly moved to waive the 72-hr. posting provision of the Brown Act since the need to act on the subject Cooperative Agreement arose 468 City Hall, Anaheimt California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. after the posting of the Council Meeting Agenda on Friday, June 25, 1993. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. Roll Call Vote on Resolution Nos. 93R-143 throuqh 93R-145, both inclusive, for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly None Pickler The Mayor declared Resolution Nos. 93R-143 through 93R-145, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Pickler was absent.) A38. 155/134: DISNEYLAND RESORT - REMAINING ACTIONS TO BE TAKEN BY THE CITY COUNCIL: A public hearing was held before the Council on June 9, 1993 where certain actions were taken regarding the Disneyland Resort project with additional actions taken at the adjourned meeting of June 15, 1993 (held June 22, 1993 - see minutes those dates). City Attorney Jack White. After the introduction of the three ordinances last Tuesday, it was observed that there were certain minor typographical and clerical errors in Ordinance No. 5378. Those have been corrected in the final version of the ordinance supplied to the City Clerk. They do not affect the substance of the ordinance and do not preclude the Council from acting on the final ordinance tonight. In addition, there is one last correction due to a computer error. Pages 350, 385 and 405 of the revised Specific Plan document omitted certain language. Copies of the corrected pages have been provided to the City Council. The corrected language did appear in the previous drafts of the document but were inadvertently dropped out of the final version. That document with that language added back in is in front of the Council this evening. Council now has for its consideration the two resolutions and three ordinances and the Council can act on all five of these matters at the same time. Council Member Daly offered Resolution No. 93R-146 for adoption, adopting Specific Plan No. 92-1 including Zoning and Development Standards, a Design Plan and Guidelines, and a Public Facilities Plan for The Disneyland Resort and Resolution No. 93R-147 for adoption, adopting Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1. Refer to Resolution Book. RESOLUTION NO. 93R-146: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (INCLUDING ZONING AND DEVELOPMENT STANDARDS, A DESIGN PLAN AND GUIDELINES, AND A PUBLIC FACILITIES PLAN) (SP92-1). RESOLUTION NO. 93R-147: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ZONING AND DEVELOPMENT STANDARDS FOR THE DISNEYLAND RESORT SPECIFIC PLAN (SP92-1). Council Member Daly offered Ordinance Nos. 5377 through 5379, both inclusive, for adoption. 469 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. ORDINANCE NO. 5377: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SPECIFIC PLAN NO. 92-1, THE DISNEYLAND RESORT). ORDINANCE NO. 5378: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.78 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP92-1). ORDINANCE NO. 5379: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 18.04.035 TO CHAPTER 18.04 AND AMENDING SECTIONS 18.48.050 AND 18.48.082 OF CHAPTER 18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (HEIGHT REQUIREMENTS). Before a vote was taken, Mayor Daly stated he intends to vote yes on all five. He is convinced that the planning process which has brought them to this point is one of the best planning processes the County has ever seen. Last week, he thanked City staff and all the consultants who have worked so hard to bring the process to this point. He again thanked everyone who worked so hard on the Specific Plan, the General Plan Amendment and all the Zoning and Development Standards. This truly, he believes, is state-of-the-art planning and will result in a project that will be world renowned. A Roll Call Vote was then taken on Resolution Nos. 93R-146 and 93R-147, Ordinance Nos. 5377, 5378 and 5379. Roll Call Vote on Resolution Nos. 93R-146 and 93R-147 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly None Pickler The Mayor declared Resolution Nos. 93R-146 and 93R-147 duly passed and adopted. Roll Call Vote on Ordinance Nos. 5377 throuqh 5379, both inclusive, for adoption~ AYES: ~{OES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly None Pickler The Mayor declared Ordinance Nos. 5377 through 5379, both inclusive, duly passed and adopted. Before concluding, Mayor Daly thanked City Manager Ruth, the Planning staff, legal staff and all the different City departments who have labored a couple of years on this project. There were also some very key consultants involved and a major, major amount of work has gone into this major project. A39. 000: 5:00 P.M. CONTINUED PUBLIC MEETING - TRANSPORTATION IMPACT AND IMPROVEMENT FEES FOR NEW DEVELOPMENT: To consider an ordinance authorizing collection of a Citywide Transportation Impact and Improvement fee from new development as mandated by Measure M; and a resolution selecting a 25% reduction in actual costs of new development transportation impacts as the schedule of fees for the Citywide Transportation 470 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. Impact.and Improvement Program. This matter was continued from the meetings of May 18, June 8 and June 22, 1993 to this date (see minutes those dates). Previously submitted were reports dated May 18, 1993 and subsequent report dated June 14, 1993 from the City Attorney in response to a request by the Council for a review of the requirements of the law relative to the subject fee which were discussed at the June 22, 1993 meeting. At the conclusion of discussion of this item at the June 22, 1993 meeting, the ordinance was introduced for first reading along with a direction to staff to prepare an attachment to the resolution establishing baseline fees for each of the four Growth Management Areas (GMA) for consideration in conjunction with the adoption of the ordinance at this meeting. Also submitted was report dated June 24, 1993 from Gary Johnson, Director of Public Works recommending adoption of the proposed ordinance as well as the resolution establishing a transportation impact and improvement fee for all new development in the City of Anaheim based upon a 68% reduction of actual costs. John Lower, Traffic and Transportation Manager. The previous recommendation was 25% reduction of actual costs. The current recommendation is a 68% reduction. It results in a rental fee of $1.68 per square foot which when compared with other cities with which Anaheim shares Growth Management Areas, makes Anaheim higher than six, but less than nine. It is approximately in the middle. Mayor Daly. Compared to the prior recommendation, he asked how this compares in terms of the proposal they talked about last week which was the lowest fee in each of the four areas. John Lower. He has laid that out as an alternative for consideration (see report dated June 24, 1993, pages 2 and 3). With that, he indicated the concerns of staff. One is they would have four fees to administer in different parts of town leading to potential developer confusion as well as having a higher fee in Growth Management Area 3, or $3.30 per square foot of retail. In that area, it will be slightly higher than the baseline fees, but looking at the Growth Management Area jurisdictions in total, most of those cities are higher than the baseline. Further discussion and questioning followed relative to specifics of the recommendation during which Mr. Lower explained that Measure M requires cities to adopt a fee program so that development pays a share of the transportation improvements needed to accommodate that new development. The Maintenance of Effort is something different not associated with the fee program. That involves General Fund expenditure~ on tran~Dortation improv~ment~ which cannot be financed by Measure M dollars. He also confirmed if approved, they will be adopting the entire vertical column in Table 1 of the June 24, 1993 memo (first attachment). However, anything in a development agreement does not pay, and qualified low income housing does not pay the fee. He clarified for Council Member Feldhaus that OCTA is only concerned that a fee program be established. The amount of the fee is not a concern. He emphasized that it was urgent that action be taken tonight and documents signed to meet the next day deadline. Council Member Feldhaus offered Ordinance No. 5380 for adoption, adding Chapter 17.32 to Title 17 of the Anaheim Municipal Code establishing a 471 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. TranspOrtation Impact and Improvement fee for new development. the meeting of June 22, 1993.) Refer to Ordinance Book. (Introduced at ORDINANCE NO. 5380: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 17.32 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A TRANSPORTATION IMPACT AND IMPROVEMENT FEE FOR NEW DEVELOPMENT. Council Member Feldhaus offered Resolution No. 93R-148 for adoption, establishing a Transportation Impact and Improvement fee for all developments in the City of Anaheim with a 68% reduction in actual costs. Refer to Resolution Book. RESOLUTION NO. 93R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A TRANSPORTATION IMPACT AND IMPROVEMENT FEE FOR ALL DEVELOPMENTS IN THE CITY OF ANAHEIM. Before a vote was taken, City Attorney White stated it is his understanding included as an exhibit to the Resolution is the 68% reduction as recommended by the Public Works Department; Council Member Feldhaus answered that was correct. A vote was then taken on the foreqoinq Ordinance and Resolution: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly None Pickler The Mayor declared Ordinance No. 5380 and Resolution No. 93R-148 duly passed and adopted. A40. 129/000: ORDINANCES FOR ADOPTION IN CONNECTION WITH THE BUDGET APPROPRIATIONS LIMITS, CLASSIFICATION AND SALARY CHANGES, AND CHANGES IN FEE SCHEDULES: Submitted was report dated May 24, 1993 from the Fire Department recommending adoption of Ordinance No. 5381 and report dated June 10, 1993 from the Planning Department recommending adoption of Ordinance No. 5382. Council Member Simpson offered Ordinance No. 5381 for adoption, adding Chapter 16.35 to Title 16 of the Anaheim Municipal Code relating to false alarm; and offered Ordinance No. 5382 for adoption, adding Subsection .090 to Section 10.19.050 and amending Section 15.08.100 of Chapters 10.19 and 15.08 of Titles 10 and 15 of the Anaheim Municipal Code relating to processing fees. (Processing fee for street name and number premises change.) (Both ordinances introduced at the meeting of June 22, 1993.). Refer to Ordinance Book. ORDINANCE NO. 5381: AN ORDINANCE OF THE CITY OF ANAHEIM Adding Chapter 16.35 to Title 16 of the Anaheim Municipal Code relating to false alarms. ORDINANCE NO. 5382: AN ORDINANCE OF THE CITY OF ANAHEIM Adding Subsection .090 to Section 10.19.050 and amending Section 15.08.100 of Chapters 10.19 and 15.08 of Titles 10 and 15 of the Anaheim Municipal Code relating to processing fees. (Processing fee for street name and number premises change.) (Introduced at the meeting of June 22, 1993, Item A33V.) Roll Call Vote on Ordinance Nos. 5381 and 5382 for adoption: AYES: NOES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly COUNCIL MEMBERS: None 472 City Hallt Anaheimr California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. ABSENT= COUNCIL MEMBERS: Pickler The Mayor declared Ordinance Nos. 5381 and 5382 duly passed and adopted. A41. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30, 1993: Appointments/Reappointments to terms ending June 30, 1993 on the Budget Advisory Commission, Community Redevelopment Commission, Community Services Board, Housing Commission, Library Board, Planning Commission, Public Utilities Board and Senior Citizens Commission. Mayor Daly. He is recommending that the subject appointments/reappointments be continued until Council vacation schedules are completed or July 27, 1993 to assure action by a full Council. It was determined by General Council Consensus that the subject be continued to July 27, 1993. A42. 123: ARENA CONCESSIONS AGREEMENT AMENDMENT: Submitted was report dated June 24, 1993 from the City Attorney recommending approval of Amendment Number One to the Arena Concessions Agreement. MOTION: Council Member Hunter moved to approve Amendment Number One to the Arena Concessions Agreement dated April 1, 1993, with Ogden Facility Management Corporation of Anaheim and Ogden Entertainment Services, Inc., concerning the commission rate payable by the Operator to Ogden Entertainment Services, Inc., for group catering and back stage sales as recommended by the City Attorney. Council Member Feldhaus seconded the motion. Council Member Pickler was absent. MOTION CARRIED. ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF JUNE 14t 1993 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 6, 1993~ Bi. 179: RECLASSIFICATION NO. 92-93-08, CONDITIONAL USE PERMIT NO. 3603 AND NEGATIVE DECLARATION: OWNER: Pierce Cranstoun Ommanney, Mary Fifield Ommanney, 1019 W. La Palma Avenue, Anaheim, CA 92801 AGENT: Denny Muth, 373 N. Center Street, Orange, CA 92666 LOCATION: 1019 West La Palma Avenue. Property is approximately 0.56 acre located at the northwest corner of La Palma Avenue and Leisure Court. To reclassify subject property from the RS-A-43,000 (Residential/Agricultural) and CL (Commercial, Limited) Zones to the CO (Commercial Office and Professional) Zone. To permit a 2,548-square foot, 24-hour, residential recovery home within an existing office building and in conjunction with a previously approved remedial educational/ vocational facility. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 92-93-08 GRANTED (PC93-66) (6 yes votes, 1 no vote). CUP NO. 3603 GRANTED, for 2 years (to expire 6/14/95) (PC93-67) (4 yes votes, 3 no votes). Approved Negative Declaration. Questions were posed by Mayor Daly and Council Member Feldhaus relative to certain aspects of the proposal which were answered by Greg Hastings, Zoning Division Manager. 473 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. E2. 179: CEQA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 3265: OWNER: Sunnymead Poultry Ranch, a California Corporation, Attn: Jaime Deutsch, Trustee, 403 N. Palm Drive, Beverly Hills, CA 90210 AGENT: The Cornerstone Church, Attn: Richard Danna, Senior Pastor, 1250 N. Red Gum Street, Anaheim, CA 92806 LOCATION: 1250 North Red Gum Street. Property is approximately 1.06 acres having a frontage of approximately 155 feet on the east side of Red Gum Street and approximately 500 feet south of the centerline of Miraloma Avenue. Request for a 3-year extension of time to retain a church in the ML Zone. ACTION TAKEN BY THE PLANNING COMMISSION: GRANTED A three year extension of time for CUP NO. 3265 to expire 4/9/96 (PC93-68) (7 yes votes). Negative Declaration Previously Approved. B3. 179: CONDITIONAL USE PERMIT NO. 3289 AND NEGATIVE DECLARATION: AGENT: Adat Ari, The North Orange County Synagogue, 5100 E. La Palma, Ste. 104-105 LOCATION: 5100 East La Palma Avenue, Ste. 104 and 105. Property is approximately 6.3 acres located 402 feet on the south side of La Palma Avenue and approximately 3,560 feet east of the centerline of Lakeview Avenue. Request for a 3-year extension of time to retain a church in the ML (SC) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: GRANTED a three year extension of time for CUP NO. 3289 to expire on 6/18/96 (PC93-69) (7 yes votes). Negative Declaration Previously Approved B4. 179: CONDITIONAL USE PERMIT NO. 3606 AND NEGATIVE DECLARATION: OWNER: Lederer Anaheim Ltd., 1990 Westwood Blvd., 3rd Floor, Los Angeles, CA 90025 LOCATION: 1440 S. Anaheim Boulevard. Property is approximately 12 acres located on the northeast corner of Cerritos Avenue and Anaheim Boulevard. To permit the on-premise sale and consumption of beer and wine within a proposed restaurant in conjunction with an indoor swap meet facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3606 GRANTED for one year (to expire 6/14/94) (PC93-70) (4 yes votes, 3 no votes). Approved Negative Declaration. B5. 179: CONDITIONAL USE PERMIT NO. 3607 AND NEGATIVE DECLARATION: OWNER: Los Angeles National Bank, 1100 Wilshire Blvd., Los Angeles, CA 90017 AGENT: Majid Ataya, Post Office Box 377, La Habra, CA 90633 LOCATION: 1136 North Brookhurst Street. Property is approximately 0.56 acres located on the east side of Brookhurst Street and approximately 230 feet south of the centerline of Falmouth Avenue. To permit a church with accessory classrooms and offices within an existing 5,390-square foot office building. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3607 GRANTED (PC93-71) (7 yes votes). Approved Negative Declaration. 474 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. END OF.THE PLANNING COMMISSION ITEMS. B6. 179: ORDINANCE NO. 5383 FOR ADOPTION: Amending Ordinance No. 5366, as adopted by City Council on May 4, 1993, nunc pro tunc. (Introduced at the meeting of June 22, 1993.) Council Member Daly offered Ordinance No. 5383 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5383: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5366, AS ADOPTED BY CITY COUNCIL ON MAY 4, 1993, NUNC PRO TUNC. Roll Call Vote on Ordinance No. 5383 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly None Pickler The Mayor declared Ordinance No. 5383 duly passed and adopted. B7. 170: TENTATIVE TRACT MAP NO. 14353 - REQUEST FOR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: G. Thomas Tyo LOCATION: Property is located on the east side of Anaheim Hills Road, approximately 1,560 feet south of the centerline of Santa Ana Canyon Road and is a portion of Tract Map No. 8905. Petitioner requests a one-year extension of time to comply with conditions of approval for Tentative Tract Map No. 14353 (a 55-unit air- space condominium subdivision) to expire on July 16, 1995. ACTION TAKEN BY THE PLANNING COMMISSION: Approved request for one-year extension of time for Tentative Tract Map No. 14353 (to expire 7/16/95). SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. Before continuing, Mayor Daly announced that there has been a request for continuance on Public Hearing Item D2, relating to the proposed self-service car wash facility at 2880 East Lincoln Avenue. He surmises that there are a number of p~opl~ pr~nt for that item. H~ a~k~d th~ City Attorney to advi~ the Council on the best approach since people have attended an anticipation of a decision on Item D2 and the request for a two-week continuance was not received from the applicant, Ron Johnson, until today or late yesterday; the City Clerk confirmed it was received yesterday afternoon. (It was at this point that Item D2 was subsequently continued. See discussion leading to the continuance under Item D2.) D1. 164: CONTINUED PUBLIC HEARING - ESTABLISHMENT OF THE LEMON STREET DRAINAGE AREA AND A DRAINAGE AREA FEE OF $7,150 PER ACRE: To consider a resolution for the establishment of the Lemon Street Drainage Area and adopting a fee of $7,150 per acre. The original public hearing was held on May 18, 1993 where testimony was received from both staff, proponents 475 City Hall, Anahe£m, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. and opponents of the formation of the Assessment District (see minutes that date). Subsequently, at the conclusion of testimony, the Council continued the public hearing to this date requesting of staff historical background relative to the formation of such districts as well as specific information relating to the Pacific Drive-In Theatre request. Previously submitted was report dated May 11, 1993 from Gary Johnson, Director of Public Works/City Engineer recommending that the Council by resolution approve the establishment of the Lemon Street Drainage Assessment Area and adopting a fee of $7,150 per acre. An additional 6-page report was submitted by Mr. Johnson dated June 22, 1993 and also a 6-page report from the City Attorney dated June 25, 1993, each giving detailed information as requested by the Council. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - March 25, April 1 and April 8, 1993 Russ Maguire, Deputy City Engineer. He summarized the data and information contained in report dated June 22, 1993, specifically information on city-wide policy relating to the Master Plan for drainage, how many districts have been formed since 1974 and the fee per acre, the history of the Pacific Drive-In ~heatre site and the reason and necessity for installing the new storm drain and the process for collecting reimbursement from the City of Fullerton for the 4 acres (5 parcels) located in that City. He concluded that the district the Council is considering tonight only enacts the ability to recover from development within the City of Anaheim and any arrangement to recover from the 4 acres in Fullerton would be a matter between the developer and the City of Fullerton. Staff's recommendation continues to be that the Council approve the establishment of the Lemon Street Drainage area and accept a fee of $7,150 per acre. Mayor Daly. He asked to hear from anyone who wished to speak to the subject, the public hearing having been continued from the meeting of May 18, 1993 to this date. Don Fowler. questions. Council. He represents Pacific Theatres and is present to answer any They are hopeful that they will have a favorable response from the Mr. Jerry Knudsen. He is appearing on behalf of R.S. Mike Hoyt, Brian Industrial Properties and Lemon Associates, owners of 30 acres in the proposed Lemon Street Drainage Assessment Area. Written protests have been signed by owners of more than one-half the area of the property. He then gave an extensive presentation elaborating on the reasons why they oppose and protest the formation of the assessment area and fee (also see minutes of May 18, 1993) among which - no notice or justification was ever given on the proposed installation or charge before the pipe (drain) was installed, there was no way to anticipate from the original conditional use permit granting the drive-in theatre that the pipe would be installed and the adjoining owners charged for it. If so, the affected property owners would have opposed the original CUP. To their knowledge, no property in the area is subject to flooding with the exception of the Pacific Drive-In Theatre property and there is no basis for this significant assessment for a drain that benefits primarily the drive-in theatre property. The runoff in water will not increase the need for storm drain capacity, all the property except for Northrop is developed and paved, any increase in building size will not add to the run off, no developed property should be subject to the assessment or be said to necessitate 476 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. improvgment, there is no right on the part of Pacific Theatres to be reimbursed. Mr. White answered the question of Council Member Pickler at the last hearing by stating in his June 25, 1993 opinion, "no agreement currently exists between the City and Pacific which would require the City to impose the fees or reimburse Pacific for any of its costs incurred in construction of the improvement". In concluding his presentation, he stated they respectfully submit that the resolution should be denied. Richard Carter, 1381 Maplewood Place, 8rea, Engineer for Brian Industrial Properties. If the Council passes the resolution, will the fees when they become payable also have interest accrued, will there be a cost-of-living index applied or will it be $7,150 an acre no matter what. Russ Maguire. The fee established is the fee - it is a flat fee. City Attorney White. The fee is payable only to the extent that any new development increases the square footage of development on the property in the same proportion as the total acreage of the property. If there is a 100,000 square foot building on a 10 acre lot and it is proposed to build another 100,000 square foot building on that same lot or expand the size of the existing building by another 100,000 square feet doubling the size, they would pay 50% of the total acreage fee because one-half of the total building area is already in existence. It is only due upon subdivision or development. If the property is not further subdivided and no additional building construction occurs, then no fee is payable now or in the future. Richard Carter. They already have paved property - the building is in existence. It would not increase the runoff. He does not understand why the square footage would trigger that. City Attorney White. The confusion may be the fact that the fee is triggered by development, does not mean that the development may be the cause of the flooding that necessitated the improvement. The Master Plan of drainage adopted before the current development being discussed came into existence contemplated this facility was necessary for drainage in the entire area to support the entire drainage area. It has nothing to do with anticipating whether a particular building was going to be aligned in a way to cause more or less runoff, but saying there was a problem in existence and this facility was needed to alleviate that problem. The only mechanism under the law to trigger the payment is either subdivision under State law, or by a City adopting its own ordinance to supplement that development through a building permit. Further, they are not assessing any development that occurred before 1974 or any development that occurred before the district was formed which may be tonight. Anything in existence does not necessitate the payment of that fee. Only new development has to pay any fee or a subdivision and only on additional square footage. Mayor Daly closed the public hearing. City Attorney White. There does appear to be a majority protest by a majority of the property within the district. Therefore, it would be necessary for the Council to adopt the resolution before them that does include a finding that the public interest and convenience require the improvements and overruling the protest. In order to adopt that, it would require a 4/5ths vote of the Council. Since tonight only four Council Members are present, it would take a unanimous vote. If there is one less vote, the matter would have to be continued for full Council action. 477 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. Council Member Hunter offered Resolution No. 93R-149 for adoption, establishing the Lemon Street Drainage Assessment Area and adopting a fee of $7,150 per acre. Refer to Resolution Book. RESOLUTION NO. 93R-149: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FORMING A DRAINAGE DISTRICT AND ESTABLISHING DRAINAGE FEES. (LEMON STREET DRAINAGE DISTRICT) Roll Call Vote on Resolution No. 93R-149 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly None Pickler The Mayor declared Resolution No. 93R-149 duly passed and adopted. D2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3592 AND NEGATIVE DECLARATION: OWNER: Jean K. Fogarty, 6671 Canyon Hills, Anaheim, CA 92807 AGENT: Ron Johnson, 6757 Leafwood Drive, Anaheim, CA 92807 LOCATION/REQUEST: The property is located at 2880 East Lincoln Avenue and is approximately 1.34 acres located on the south side of Lincoln Avenue and approximately 330 feet east of the centerline of Rio Vista Street. The request is to construct a self-service car-wash facility in conjunction with an existing commercial retail center with waiver of minimum landscape setback abutting an arterial highway, minimum landscape setback abutting a single-family residential zone boundary and maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION: CUP DENIED (PC93-45) (6 yes votes, 1 no vote). Approved Negative Declaration. HEARING SET ON: The decision of the Planning Commission was appealed by Ron Johnson, agent for the applicant and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - June 17, 1993 Mailing to property owners within 300 feet - June 17, 1993 Posting of property - June 18, 1993 PLANNING STAFF INPUT: See staff report to the Planning Commission dated April 19, 1993. As the Mayor explained at the outset of the public hearings, a request has been received from the agent for the applicant for a two-week continuance. city Attorney White. Answering the Mayor, he recommends that the Council grant the request to afford due process to the applicant. One reasonable request to continue ~hould be Granted before the hearing is held. In thi~ case, it is one of those situations which is uncomfortable for the Council because a large number of residents who wish to testify are present to do so at the public hearing. It is not to anyone's benefit including those who are opponents to proceed in the absence of the applicant only to find out that the courts would reverse the decision and require another hearing. He would suggest that the public hearing be continued for two-weeks and all testimony taken at that time. 478 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5~00 P.M. Annika'Santalahti, Zoning Administrator. The applicant has hired an architect who is taking a look at the property and development proposal. Staff will be meeting with them to review the proposal. He has already suggested a number of changes and that is basically the reason for the continuance - to eliminate some of the waivers and to consider some of the options that were proposed at the Planning Commission hearing. She has not seen the final drawings. Mayor Daly. He asked for a show of hands of those people who were present to testify; approximately nine people were present. He (Daly) asked if the City Attorney's recommendation was clear or if anyone has a question as to the rationale to have it clarified at this time. The Council is inclined to follow the direction of the City Attorney on land use decisions such as this. He asked if anyone wished to come forward to represent the homeowners group. Dale Bradford. There are a considerable number of people present. Several cut their vacations short just to be present. They are very concerned about the proposed car wash and are prepared fully to defend their rights as citizens. They did not receive notice until a week ago, Friday. It is unfair that the residents are present but the applicant is not. After a brief discussion between the Mayor and Mr. Bradford, it was confirmed that the residents would not be renotified but by the Council's action tonight in granting the continuance if they do so, the continued public hearing will be held Tuesday, July 13, 1993 at 6:00 p.m. and it will be the first public hearing on that date. MOTION: Council Member Daly moved to continue the public hearing on Conditional Use Permit No. 3592 to Tuesday, July 13, 1993 at 6:00 p.m. and it will be the first public hearing on that date. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. Council Member Hunter. He will be absent on that date, but if he was present, he would be voting to deny the permit. He wants to go on record that whoever is representing these people (car wash applicant) has misrepresented many things. That person called his (Hunter's) law office and he was told to stop calling. He then called the City Clerk's Office and was adamant that he had a 2:00 o'clock appointment with him (Hunter) which was a lie. He does not like or appreciate people calling his office harassing and lying to him and lying to the City Clerk. Cl. 179: POOL ROOM PERMIT APPLICATION - MARIA CONCELLA TROZZI: Business location: 3242 West Lincoln Avenue - Games Plus Request: The applicant requests a Pool Room Permit for 16 billiard tables to be located at Games Plus at 3242 West Lincoln Avenue. Submitted was report dated June 16, 1993 from the Code Enforcement Manager recommending approval of the subject application and report dated June 18, 1993 from the Police Department recommending certain conditions to mitigate concerns of the Police Department regarding future operations of Games Plus. Mayor Daly asked to hear from staff. John Poole, Code Enforcement Manager. He confirmed for Mayor Daly that staff is recommending approval subject to certain conditions. He then briefed his report dated June 16, 1993 giving the background on the location and the business as well as specifics of the subject pool room permit application which was submitted on May 27, 1993. He noted that since there will be no alcohol sales, the Police Department recommended approval with certain 479 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 29, 1993 - 5:00 P.M. conditions (Police Department's recommended conditions are outlined in Sergeant Gaston's report of June 18, 1993). In concluding, Mr. Poole stated that staff recommends approval of the subject application subject to the following conditions: (1) On-site uniform security shall be provided in the parking lot during hours of operation. (2) No coin-operated electronic amusement/arcade type game machines shall be permitted. (3) No alcoholic beverages shall be sold or consumed on the premises. (4) Hours of operation from Sunday through Thursday shall be 1:00 p.m. to 11:00 p.m.; the hours for Friday and Saturday shall be 1:00 p.m. to 12:00 p.m. (5) The application shall be reviewed after one year. Mayor Daly. Although this is not a public hearing, he asked if anyone was present in opposition; there was no response. MOTION: Council Member Hunter moved to approve the application for a pool room permit for 16 billiard tables to be located at Games Plus, 3242 West Lincoln Avenue, subject to the conditions contained in staff report dated June 16, 1993 from the Code Enforcement Manager and as articulated by Mr. Poole above. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. C2. COUNCIL COMMENTS: 114: PARKING AND TRAFFIC - ANAHEIM ARENA: Mayor Daly. He asked the City Manager to briefly comment on the parking and traffic situation at the newly opened Anaheim Arena and what action steps are being taken. City Manager Ruth. City staff is working closely with Ogden staff trying to mitigate those concerns. A task force is working on it daily. They have identified several mediation measures they are in the process of implementing and are studying some physical improvements to be made at the intersection of Katella and Douglass. They hope to be able to implement those changes quickly. They are also negotiating with some additional property adjacent to the Arena and have a considerable amount of data already compiled. They are also looking at more extensive training and better signage. Between Police Chief Molloy and his traffic operation and the Ogden people, they will be resolving many of the issues quickly. Basically, it is the first time people have been to the Arena. As they become more acclimated to the area, some of the problems will resolve themselves. They are putting together an action plan right now with time frames. They expect to have something back to the Council the first of July. ADJOURNMENT: By General Consent the meeting was adjourned. (6:55 p.m.) No quorum is anticipated for Tuesday, July 6, 1993 due to the July 4 weekend holiday schedule. LEONORA N. SOHL, CITY CLERK 480