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1992/05/12C£ty Hall, Kuaheim, Californ£a - COUNCIL MIIRIT~S - MAY 12, 1992 - 5:00 P PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:20 p.m. on May 8, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 3:00 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: Golden West Baseball Co. vs. City of Anaheim, Orange County Superio~ Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. b. 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). e. 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. By general Consent, the Council recessed into Closed Session. (3:05 p.m. ) AFTER RECESS.' The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:07 p.m.) INVOCATION: Dr. Jarrell W. Garsee, First Nazarene Church, gave the invocation. FLAG SALUTE: Council Member Bob Simpson 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 to be presented to JoAnn Kemp, a 314 C£t¥ Hall, Anahe£~, Cal£forn£a - COUNCIl., NINU'I~S - l~Y 12, 1992 - 5:00 P.N. Teacher at Ball Jr. High School, a recipient of the prestigious Reader's Digest Award for being an American Hero in Education. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Respect for Law Week in Anaheim, May 17-23, 1992 Nursing Home Week in Anaheim, May 10-16, 1992 Poppy Week in Anaheim, May 11-16, 1992 Laurie Kjar, Resident Services, Extended Care Hospital of Anaheim accepted the Nursing Home Week proclamation. (She was accompanied by several assistants and elderly residents of the hospital. ) Evelyn Schooler accepted the Poppy Week in Anaheim proclamation. 119: DECLARATIONS OF CONGRATULATIONS: Declarations of Congratulations were unanimously adopted by the City Council and presented to Anaheim Police Officers Clint Memberg and Frank Stroobant who represented the City in the state-wide Police Motorcycle Competition hosted by the Pacific Grove Police Department. Mayor Hunter and Council Members personally congratulated Clint and Frank for having finished with the highest total score thereby placing first in the overall category. The trophies won by the officers were also display. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,364,107.01 for the period ending May 8, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5.' 23 p.m. ) Mayor Hunter reconvened the City Council meeting. (5:30 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: Mr. Jeff Kirsch spoke on items A6, A9 and Al6 and Mr. Phil Kynpstra spoke on item Al6. (See discussion under those items. ) ITEMS OF PUBLIC INTEREST: Ron Bengochea, 1751 S. Nutwood, Anaheim. He referred to the recommendation made by the Public Utilities Board at its last meeting relative to contracting out the Water Meter Shop. It is a serious issue and involves the livelihood of eight families. The Union and City Management have had meetings about the issue since October of 1991. Both parties concurred that the way work was being input into the work order system, not all work done in the field may have been accounted for properly. The Union indicated with a more efficient way of scheduling work assigned to the shop and better accountability, productivity could be increased by 30%. In November, 1991, management in the Utility Water Department has been developing a work order system tracking all work done on Service Orders. The Union has been asking since February of 1992 how much productivity has increased since the new system was instituted but have received no response. He stated if the City goes ahead with the contract to privatize the work presently done by the Meter Shop, some issues need to be addressed. He then outlined seven issues/questions which he feels need to be resolved/answered before the Council can approve any contract. He asked for Council consideration of all factors involved before taking action and that they give 315 City Hallt Anahei~t California - COUNCIL MINUTES - MAY 12: 1992 - 5:00 P.M. the Meter Shop one year to prove that they can compete with a contractor. (The full-text of Mr. Bengochea's presentation was submitted to the Council and made a part:of the record. ) Sharon Ericson, President, Anaheim Municipal Employees Association (AMEA). She is also present to speak on the subject of contracting out and layoffs. She specifically relayed the case of a day custodian, Jennie Negrete who has worked for the City for 14 years and the tremendous hardship such action would create for herself and her very sick husband with Jennie being his sole support and source of medical coverage. She has been a custodian at the Police Department for many years and Police Chief Molloy has indicated that she is the only one he would trust to clean lock-down areas of the Police Department as well as his office. She has been offered two other positions, both of which are not suited to Jennie's capabilities. Council Members have the power to help this employee. Mrs. Ericson also addressed other such issues, specifically that the entire Cement Crew will be eliminated as of July 1st. By this action, the Council will be diminishing the quality of life once again in the City as with other~ jobs to be eliminated by privatization. They have read the privatization ~ report thoroughly and have many concerns. She assumes the Council has received a copy of the letter that they sent to Jim Armstrong, Assistant City Manager requesting back up material to try to figure out what they have done. AMEA's biggest concern was why were there no management functions listed as high priority to contract. By getting rid of the lowest paid employees, the result is putting them on the welfare rolls. She will be back before the Council until the budget is passed, informing the Council of what in her opinion is the unfairness that continues between the overabundance of management employees and the wages they are paid. She urged that the Council look hard at the jobs scheduled to go in July. These employees need their jobs desperately. The City needs to keep these services in house and not lose any more control than they already have. City Manager Ruth confirmed for the Mayor that budget hearings will not start until the first week in June~ Mayor Hunter asked that City Management provide information with regard to Jennie Negrete, the possibility that she could be a part of the Police Department budget and that the Council be presented with some options to consider in regard to that case. City Manager Ruth. He will be happy to submit a follow-up report. Marilyn Hauk, Second Vice President of AREA. At the Budget Advisory Commission meetings, they continually hear it is labor, labor, labor. When they tried to get the Commission to look at everyone's salary if they were going to be looking at labor, the Commission again focused on labor. She then read figures that were handed out to the Budget Advisory Commission at their third meeting taken from a submittal by management which was difficult to read because of the very small print - employee compensation by group - PERS reportable only - not gross compensation - the average wage per full-time employee from 1981 to 1990 (different classes). After reading the figures, 316 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 12, 1992 - 5:00 P.M. she noted there continues to be a problem with the fact that labor is constantly being referred to, but the comparison shows that labor has gone up only $10,000 during the period reported. More needs to be looked at than what can the City contract out which ultimately affects the "little guy". A study was done on privatization in Los Angeles last year. Since 1958, nearly 5,000 jobs have been eliminated due to contracting out. Los Angeles is beginning to realize it has had an impact. The iow bid assures the contractor is going to pay the lowest wage possible. In closing she quoted from a portion of the privatization study, "the public cost of private contracting - ...privatization turns good jobs with decent wages and benefits into working poor jobs eroding the pool of good jobs available to minority workers and reducing the income they bring back to the communities where they live". Roger Banowitz, 255 N. Larch, Anaheim. Each of the Council Members appointed two people to the Budget Advisory Commission which is made up of highly independent and intelligent people. However, he has to take vacation time on his job (Maintenance Department) in order to be able to attend their meetings. He also feels the meetings are "hidden away" on the 6th Floor of the Civic Center not easily accessible to the public. The Commission may have done a l more thorough job if there was more input from the public. He questioned wh~ meetings could not be at a tame and place more available and accessible to the public. Bharati Mulchandani. She represents the Jeffrey Lynne Apartment Association. She is requesting that the Council place them on a Council Agenda in July, the issue being to create new orders requesting that no street vendors be allowed in the residential neighborhood. At that time, some other associations will be joining them to address the same issue. She reiterated they wanted to be on an agenda for a Council Meeting in July or in June. Mrs. Mulchandani was directed to contact the City Clerk relative to her request. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Hunter, seconded by Council Member 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; Council Member Hunter offered Resolution Nos. 92R-98 and 92R-99 for adoption. Council Member Hunter offered Ordinance Nos. 5303 and 5304 for adoption and Ordinance No. 5305 for introduction. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 92R-98 and 92R-99 for adoption; and Ordinance Nos. 5303 and 5304 for adoption and Ordinance No. 5305 for introduction. ) Council Member Hunter moved to waive the reading in full of the resolutions and ordinances. Council Member Pickler seconded the motion. MOTION CARRIED. 317 C£t¥ Hall, Anahe~, Cal£forn£a - COUNCIL MINUTES - NAY 12, 1992 - 5:00 P.M. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Bob Lee Campbell for property damage sustained purportedly due to actions of the City on or about February 11, 1992. b. Claim submitted by CRC Industries, Inc., c/o David G. Colman for indemnity sustained purportedly due to actions of the City on or about February 4, 1992 A2. 105: Receiving and filing the minutes of the Mother Colony House Advisory Board meeting of January 13, 1992. 105: Receiving and filing the minutes of -%e Golf Advisory Commission meeting of February 26, 1992. A3. Receiving and filing the Application of Southern California Edison Company before the Public Utilities Commission of the State of California, for a determination of the reasonableness of Edison's Hazardous Waste Management Program Expenses, Authority to transfer Hazardous Waste Program Expenses. A4. 123: Approving a Third Amendment to the agreement with Kellogg Corporation, in an amount not to exceed $35,000, for additional claims consulting services for Police 2000 Project. A5. 123: Approving an amendment to the agreement with Law/Crandall, Inc., in the amount of $55,500 for geotechnical testing and consultation for the Anaheim Arena. Council Member Pickler voted no. A6. 156: ORDINANCE NO. 5303 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.04.310 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CERTAIN PURCHASES FOR THE POLICE DEPARTMENT FOR WHICH CONFIDENTIALITY IS REQUIRED. Jeff Kirsch, 2661 W. Palais, Anaheim. Relative to the subject, he does not see any reason to keep the amount of expenses out of public scrutiny. He would like to see some of that information. Council Member Daly. He asked the City Manager to report to the City Council on an annual basis a summary of the amount of funds spent under this confidential purchasing program, as well as a summary of the types of services, while still maintaining the confidentiality that the item requires. A7. 179: Supporting the enrollment of the City of Anaheim in the Natural Community Conservation Planning/Coastal Sage Scrub Program as a voluntary jurisdiction and authorizing the City Manager to sign the enrollment form. A8. 106: Establishing a Budget Review Schedule and setting a date for public hearing and adoption of the Fiscal Year 1992/93 Budget. (Public Hearing Dates June 9 and 16, 1992, 2:00 and 5:00 p.m.) A9. 123: Approving the First Amendment to the Agreement with JHK & Associates, in an amount not to exceed $99,758 for consultant services to provide a Transit Intelligent Vehicle Highway Systems Operational Study. . 318 C£t¥ Hall, Anahe:L~, Cal£forn£a - COUNCIL MINIFTES - 14~Y 12~ 1992 - Ss00 P.N. Jeff Kirsch, 2661 W. Palais, Anaheim. He is wondering if there would be a break down of what exactly the City is getting for the several thousand dollar line-items tha~-~are producing reports. What is the City getting for its money. He also suggested a telephone information service where the bulk of the activity takes place. Al0. 160= Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Sico Incorporated in the amount of $93,013.36, for portable staging and accessories at the Convention Center. All. 160: Accepting the low bid of Mark Costello Company in the amount of $25,925 for one trash compactor to be used at the Convention Center, in accordance with Bid No. 5045. A12. 160: Accepting the low bids submitted by Leonard Chaidez Tree Service, in an amount not to exceed $73,115.90, and by West Coast Arborists, Inc., in an amount not to exceed $15,441.80 for palm tree trimming, in accordance with Bid No. 5044. Al3. 160: Accepting the lowest responsive bid and authorizing execution of a contract with Phoenix Group Information Systems in an amount not to exceed $123,000 for parking citation processing for Maintenance, Code Enforcement, Police and Convention Center, in accordance with Bid No. 5024. l Item Al3 was removed from the Consent Calendar as recommended by staff. Al4. 137: RESOLUTION NO. 92R-98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1992/93 AND THE ISSUANCE AND SALE OF 1992 TAX AND REVENUE ANTICIPATION NOTES (TRAN) THEREFOR. ($19 million) Approving the Official Notice of Sale, Notice of Intention, Preliminary Official Statement and authorizing the Finance Director to execute the TRAN. Al5. 123: Approving an agreement with the Anaheim Union High School District, to provide Park Ranger patrols on school and park facilities from May 22, 1992 through September 7, 1992. Al6. 101: Approving the Anaheim Arena Art Plan as recommended by the Anaheim Arena Art Plan Citizens' Advisory Committee. Council Member Pickler voted no. Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to certain items where there were non-specific statements made about long-term administration and maintenance costs. He recommended that approval be withheld until they start to see a revenue stream from the Arena. . Council Member Daly. He asked the City Manager to speak to the dollars that will be used for installation and maintenance of the art. City Manager Ruth. Approximately $600,000 was set aside in the Arena budget out of the bond proceeds to provide for art enhancement to the Arena project. A Citizens Advisory Committee worked diligently for months and have come up with a series of recommendations. Ail maintenance and upkeep will be absorbed in the operating cost of the Arena itself. The City will not be responsible for that. Odgen has a Management Agreement for 30 years to maintain and operate the Arena and this cost will be incurred against the Arena. 319 City Hall. Anahei~t California - COUNCIL MINUTES - MAY 12t 1992 - 5:00 P.M. Council Member Daly. The private operators of the building will, at their expense, maintain the arts~ City Manager Ruth confirmed that was the case. Phillip Kynpstra, 2520 Gelid, Anaheim. He is confused relative to how the art is going to be financed. He assumes by tax-free municipal bonds. Even though the money does not come out of General Funds, it still comes from tax payers. To him it is a message to the public that the City can afford to buy luxury art for the Sports Arena while at the same time cutting back on basic services. Council Member Daly. He asked the City Manager in the clearest possible terms to explain again, one of many times he has done so, who is buying the art for the Arena. City Manager Ruth. The art is being paid for out of the bonds. Odgen, the Project Manager, is paying off the bonds which are also covered by a Letter of Credit, which totally protects the City. In the event, Odgen would default on the bonds, the Letter of Credit Bank would come forward and have to pay the debt service. The City has no financial exposure or liability. The art is being paid for totally out of the bonds for the Arena and there are sufficient funds available. The art is not luxury art, but basic art pieces to enhance the Arena. Council Member Daly. It is a sore subject with him because he feels the Cit~ has not done a good job describing the kind of building the Arena is going to' be. There will not be one public employee in that building. The operational costs will be paid for by the private sector. It will be operated by a private company, the same company that sells the food and beverages at the Stadium. It is a disservice when it is called a public art plan for a public building when it is being paid for with private money and maintained with private money. He does not know how they can make it clearer. The City has been clarifying it for two years. The City Government sold bonds, but the private sector is paying off the bonds and if they do not there is an insurance policy that backs that up. A17. 123: Approving the assignment of the agreement held by American Cablevision of Orange to Time Warner Entertainment Company for the installation and maintenance of CATV cable on City-owned power poles, and authorizing the Utilities General Manager to execute the license agreement. Al8. 123: Approving an agreement with Anaheim Interfaith Shelter, Inc. (AIS) in the amount of $20,000 for provision of shelter and support services to homeless £amilies in Anaheim. (Allocation from 17th year CDBG application for Halcyon Family Shelter) Al9. 152: ORDINANCE NO. 5304 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.04.150 OF CHAPTER 1.04 OF TITLE i OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CHIEF BUILDING INSPECTOR AND THE BUILDING OFFICIAL. A20. 114: Approving the minutes of the City Council meeting held March 24, 1992. A21. 108: ORDINANCE NO. 5305 - (INTRODUCTION}: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TRANSIENT OCCUPANCY TAX. 320 City Hal~ Anaheim~ C&l£forn£a - COUNCIL MI~S - NAY 12~ 1992 - 5~00 P.M. A22. 156: RESOLUTION NO. 92R-99.' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SUBMITTAL OF AN APPLICATION FOR A FEDERAL GRANT PURSUANT TO TH~-*¥OUTH GANG DRUG PREVENTION PROGRAM. Roll Call Vote on Resolution Nos. 92R-98 and 92R-99 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-98 and 92R-99 duly passed and adopted. Roll Call Vote on Ordinance Nos. 5303 and 5304 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5303 and 5304 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A23. 107.- REPORT - LICENSE REQUIREMENTS - CONTRACTORS AND SUBCONTRACTORS: ~ At its meeting of April 7, 1992, the City Council requested a follow-up report concerning licensing requirements of contractors and subcontractors. Submitted was joint report dated May 1, 1992 from the City Attorney, Planning Director and City Treasurer containing alternatives for Council consideration. (The first report on the issue was submitted on June 5, 1991 as requested by Council Member Daly). Council Member Ehrle. He would like a continuance of a couple of weeks on this item to give more time to ask questions. City Attorney White. This is a City Council initiated item and thus a policy decision for the Council. Staff has not made a recommendation in the joint report submitted which contains Alternative A and Alternative B (proposed ordinances attached). Of the two ordinances presented, one is the ordinance adopted by the cities of Santa Ana and Irvine (Alternate A). The other (Alternate B) is a different version that seems to be more in keeping with the actual practice in those cities that have adopted such an ordinance. MOTION.- Council Member Hunter moved to continue the subject item for two weeks to June 2, 1992. Council Member Daly seconded the motion. MOTION CARRIED. A24. 000: HEARING TO CONSIDER CHANGES TO THE FEE SCHEDULE FOR SANITATION CHARGES: To consider changes to the residential Solid Waste; Commercial and Industrial Solid Waste Collection Charges and to the Residential Sewer Maintenance and Commercial and Industrial Sewer Maintenance charges. Staff has recommended a continuance of the hearing to Tuesday, May 19, 1992. Mayor Hunter asked if there was anyone present in the Chamber audience who would be opposed to a one-week continuance of the subject hearing; there was no response. 321 C£~¥ Hall, ~knahei~, Cal£forn~a- COUNCIL MINUTSS- NAY 12, 1992 - 5:00 P.N. MOTION: Council Member Hunter moved to continue the subject hearing for one-week to May 19, 1992. Council Member Pickler seconded the motion. MOTION CARRIED. - ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF APRIL 20, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS MAY 12, 1992: B1. 134: GENERAL PLAN AMENDMENT NO. 325 AND MITIGATED NEGATIVE DECLARATION: OWNER: City Initiated by the City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92803. An amendment to the City of Anaheim General Plan incorporating a new Parks, Recreation and Community Services Element into the General Plan with amendments to various sections of the Land Use, Circulation, and Environmental Resource Elements (including the Riding and Hiking Trails and Recreation Elements) to accommodate the new Element. The new Element outlines the policies, goals and objectives of the City relative to Parks, Recreation and Community Services. ACTION TAKEN BY THE PLANNING COMMISSION: GPA 325 GRANTED, recommending approval to the City Council (PC92-48) (7 yes votes). Approved Mitigated Negative Declaration. This item was set for a public hearing on Tuesday, May 19, 1992. Requires Council action on a General Plan Amendment. B2. 179: CEQA MITIGATED NEGATIVE DECLARATION, RECLASSIFICATION NO. 91-92-16, VARIANCE NO. 4177, TENTATIVE TRACT MAP NO. 14632, WAIVER OF COUNCIL POLICY NO. 542: OWNER: Anaheim Redevelopment Agency, 200 S. Anaheim Blvd., Anaheim, CA 92805. LOCATION: 113-215 S. Atchison Street and 615 E. Broadway. Property is approximately 1.6 acres located on the northwest corner of Broadway and Atchison Street. For a change in zone from ML to RS-5,000. Waiver of required site screening and required orientation of structures, to establish a 9-lot, RS-5,000, single-family residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 91-92-16 GRANTED (PC92-49) (7 yes votes). Variance No. 4177 GRANTED (PC92-50). Tentative Tract Map No. 14632 APPROVED. Waiver of Council Policy No. 542 APPROVED. Approved Mitigated Negative Declaration. B3. 179: CONDITIONAL USE PERMIT NO. 3514 AND NEGATIVE DEC_LARATION: OWNERS: Imperial Promenade Partners, 2300 Michelson Drive, $200, Irvine, CA 92715. AGENT: Zendejas Mexican Restaurant, 665 W. Arrow Highway, San Dimas, CA 91773. LOCATION: 1521 North Imperial Highway. Property is approximately 4.4 acres located north and west of the northwest corner of La Palma Avenue and Imperial. To permit the on-premise sale and consumption of alcoholic beverages within a proposed 5,760 square foot enclosed restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3514 GRANTED (PC92-51) (7 yes votes). Approved Negative Declaration. 322 C£~¥ Hall, Anaheim,, Cali. fornia - COUNCIL MINI,fTE$ - NAY 12~ 1992 - 5:00 P.14. B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3516, WAIVER OF COUNCIL POLICY 542 A NEGATIVE DECLARATION: OWNER= -~cific Electric Railway Company and Northwestern Pacific Railroad Company, Attn: Don Caldwell, 1200 Corporate Center, Ste. 100, Monterey Park, CA 91754. AGENT= Jordan-Valli Architects Inc., Attn: Ariel L. Valli, Principal, 15375 Barranca Parkway $E-106, Irvine, CA 92718. LOCATION= 1703-1709 South State College Boulevard. Property is approximately 5.66 acres located on the west side of State College Boulevard and approximately 750 feet north of the centerline of Katella Avenue. To permit a self-storage and recreational vehicle storage facility with waiver of permitted location of freestanding signs, minimum number of parking spaces and permitted number of caretaker's units. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3516 GRANTED, for 10 years, with opportunity for future extensions, (PC92-52) (7 yes votes). Waiver of code requirement APPROVED. Waive of Council Policy No. 542 APPROVED. Approved Negative Declaration. Council Member Daly asked if there was any concern by other Council Members relative to this item. -Council Member Pickler. His concern was the fact that it is being proposed close to the platinum triangle. It is an odd shaped parcel. Council Member Daly. He feels by approving this, it will potentially interfere with the train station and train track improvements along that Amtrak Corridor. He asked Planning staff to comment. Annika Santalahti, Zoning Administrator. The Planning Commission approved this for a period of ten years because of concern relative to the platinum triangle. Also with that location adjacent to the train tracks, one of the primary staff concerns was the issue of graffiti and the accessibility of walls along railroad tracks. There is a condition that addresses some means of trying to pre-solve a potential graffiti problem. A review of the Planning Commission's decision was requested by Council Members Pickler and Daly, and therefore, a public hearing will be scheduled at a later date. BS. 179: WAIVER OF CODE REOUIREMENTm CONDITIONAL USE PERMIT NO. 3515 AND NEGATIVE DECLARATION: OWNER~ Standard Brands Realty Co., 4300 W. 190th Street, Torrance, CA 90509. _ AGENT: Ed Gentile, 314 S. Brookhurst, Ste. ~110, Anaheim, CA 92804. LOCATION: 2141 West Lincoln Avenue. Property is approximately 1.19 acres located on the north side of Lincoln Avenue and approximately 218 feet east of the centerline of Lindsay Street. To permit a 4,956 square-foot church with caretaker's living quarters with waiver of required setback adjacent to single-family residential zones. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3515 GRANTED (PC92-53) (7 yes votes). Waiver of code requirement APPROVED. Approved Negative Declaration. 323 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 12, 1992 - 5:00 P.M. Council Member Pickler stated he would like to set this item for a hearing. The location is at Brookhurst and Lincoln in a commercial area. He has not had an opportunity to analyze the matter and would like more time to do so; Council Member Daly asked if there was a way to continue the item without setting it for a public hearing. City Attorney White. Today is the last day on which a hearing can be set. If it is not set for a hearing, there would be no jurisdiction by the Council if there are questions that are not answered to Council's satisfaction. If it is set for a hearing and before the hearing the questions are answered, there is no ability to terminate the hearing because anyone else who may have a desire to set it for a public hearing would be led to rely on the fact that the Council had set the matter. Tonight is the night to decide. After a brief discussion, it was determined that the earliest possible date the matter could be set for a hearing would be June 9, or possibly June 2, 1992. A review of the Planning Commission's decision was requested by Council Member Pickler concurred in by Council Member Daly with the hearing to be set on June 2, 1992 if at all possible. B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3518, CEOA~R. NEGATIVE DECLARATION: OWNER: ALEX FOODS, INC., Attn: Steve Charton, 2125 E. Orangewood Avenue, Anaheim, CA 92803. AGENT: C/O Farano and Kieviet, Tom Kieviet/Diaz Trucking, 100 S. Anaheim Blvd., Ste. 340, Anaheim, CA 92805. LOCATION: 303-305 West Romneya Drive. Property is approximately 2.75 acres located on the north side of Romneya Drive and located approximately 335 feet west of the centerline of Lemon Street. To permit a truck yard/terminal with outdoor truck maintenance and repair services with waiver of permitted outdoor uses and required enclosure of outdoor uses. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3518 GRANTED (PC92-54) (5 yes votes, 2 abstained). Approved waiver of code requirement "A" petitioner withdrew waiver "B" Approved Negative Declaration. B7. 179: CEQA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 3081 AND CONDITIONAL USE PERMIT NO. 3420: OWNERS: Dong Soon Park and Byung Hwan Park, 8142 Artesia Street, No. 14, Buena Park, CA 90621. AGENT: Rick Blake and Associates, Attn: Kristine Proctor, 10th Floor, 2700 North Main Street, Santa Ana, CA 92701. LOCATION: 1523 W. Katella Avenue. Property is approximately 0.57 acre located at the Northeast corner of Katella Avenue and Bayless Street. To amend conditions of approval pertaining to permitted hours of operation and sales of alcoholic beverages within a previously-approved convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3081 DENIED and CUP NO. 3420 DENIED (PC92-55) (7 yes votes). Approved Negative Declaration. Letter of appeal submitted by the Agent, Rick Blake and Associates, on behalf of the owners. Set for public hearing June 2, 1992. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled for Tuesday, June 2, 1992. 324 City Hall, Anahei~ California - COUNCIL MINUTES - MAY 12, 1992 - 5:00 P.M. REPORT AND RECOMMENDATION ITEMS: B8/Bg. 179: -ORDINANCES NOS. 5306 AND 5307 FOR INTRODUCTION: ORDINANCE NO. 5306 - PROPOSED CODE AMENDMENT PERTAINING TO ON PRE_MISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN CERTAIN COMMERCIAL ZONES: Council Member Hunter offered Ordinance No. 5306 for first reading, amending Sections 18.44.050, 18.45.020, 18.45.050, 18.46.020 and 18.46.050 of Chapters 18.44, 18.45 and 18.46 of Title 18 of the Anaheim Municipal Code relating to zoning. Refer to Ordinance Book. ORDINANCE NO. 5306: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.44.050, 18.45.020, 18.45.050, 18.46.020 AND 18.46.050 OF CHAPTERS 18.44, 18.45 AND 18.46 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO. 5307 - CODE AMENDMENT PROPOSING MINOR ADJUSTMENTS TO LANDSCAPING ~EQUIREMENTS: Council Member Ehrle offered Ordinance No. 5307 for first reading, adding Section 18.04.060 to Chapter 18.04 and amending various subsections of Title 18 of the Anaheim Municipal Code relating to landscaping requirements. Refer to Ordinance Book. ORDINANCE NO. 5307: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION ~ 18.04.060 TO CHAPTER 18.04 AND AMENDING VARIOUS SUBSECTIONS OF TITLE 18 OF T~ ANAHEIM MUNICIPAL CODE RELATING TO LANDSCAPING REQUIREMENTS. ITEMS B10 AND Bll FROM THE PLANNING COMMISSION MEETING OF MAY 4, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS MAY 14, 1992: B10. 179: TENTATIVE TRACT MAP NO. 14681t CONDITIONAL USE PERMIT NO. 3521 AND NEGATIVE DECLARATION: OWNERS: Anaheim Redevelopment Agency, Attn: Brent Schultz, 300 South Harbor Blvd., Ste. 900, Anaheim, CA 92805. AGENT: Kaufman & Broad, Inc., Attn: Scott Minami, 180 N. Riverview Drive, Ste. 300, Anaheim, CA 92808. LOCATION: 206, 210, and 214 South Olive Street. Property is approximately 0.50 acres located on the east side of Olive Street and approximately 200 feet north of the centerline of Broadway. To permit a two-story, 6-unit, condominium complex and to establish a l-lot, 6-unit, RM-2400, airspace condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14681 APPROVED (4 yes votes, 3 absent). Approved Negative Declaration. NOTE: CUP NO. 3521 has a 22-day appeal period which expires May 26, 1992, and will appear on the City Council agenda of May 19, 1992. Bll. 179: VARIANCE NO. 4052 AND TENTATIVE TRACT MAP NO. 41270 - REQUEST FOR ONE-YEAR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Gary Almos LOCATION: 828 South Western Avenue Petitioner requests a one-year extension of time to comply with conditions of approval for Variance No. 4052, waiver of minimum lot width to establish a 5-lot, RS-7200 subdivision and to expire on June 4, 1992, and if approved, to expire June 4, 1993. ACTION TAKEN BY THE PLANNING COMMISSION: Request for extension of time on Tentative Tract Map No. 14270 APPROVED (4 yes votes, 3 absent). 325 City Hall, Anahei~r California - COUNCIL MINUTES - MAY 12t 1992 - 5:00 P.M. END OF THE PLANNING CO~I$SION ITEMS. D1. 179: PUBL~IC HEARING - CONDITIONAL USE PERMIT NO. 3417 AND NEGATIVE DECLARATION (PREV. APPROVED): OWNER: Assaf George Cassis and Nazareth Cassis, 413 Sharon Road, Arcadia, CA 91007. AGENT: Sim C. Hoffman, M.D., 585 South Knott Avenue, Anaheim, CA 92804. LOCATION/REQUEST: The property is located at 546-595 S. Knott Street and is approximately 0.68 acre located at the northwest corner of Knott Street and Orange Avenue. The request is to amend or delete conditions of approval pertaining to the time limitation and permitted days of operation of a previously-approved mobile medical unit within an existing medical complex. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3417 DENIED (PC92-46) (6 yes votes, I absent). Approved Negative Declaration (5 yes votes, i no vote, and i absent). HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by the agent, Sim C. Hoffman, M.D., and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 30, 1992 Mailing to property owners within 300 feet - April 29, 1992 Posting of property - May 1, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated April 6, 1992. City Clerk Sohl announced that the applicant has requested a continuance of the public hearing to June 2, 1992. Mayor Hunter asked if anyone was present in the Chamber audience who would be opposed to the requested continuance; there was no response. MOTION: Council Member Hunter moved to continue the public hearing on Conditional Use Permit No. 3417 to June 2, 1992. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Daly noted that there was no section for C Items on the agenda; City Clerk Sohl explained that since there were no items submitted for this section, no C Section was_included on this agenda ("C" items initiated by Public/City Council). If the Council would like, she can make that a regular section. Council Member Daly. He is looking for clarity as well as a place on the agenda where the Council can comment if they wish. 326 City Hall~ Anahei~ California - COUNCIL MIFu"~ES - MAY 12, 1992 - 5:00 P.M. ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Ehrle seconded the motion. MOTION CARRIED. ( 6: 20 p.m. ) LEONORA N. SOHL, CITY CLERK 327