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1991/03/05City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle (entered at 4:04 p.m.), and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann Sauvageau POLICE CHIEF: Joseph Molloy EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich GANG INTELLIGENCE OFFICER: Lee Smith COMMUNITY SERVICES SUPERINTENDENT: Steve Swaim A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:45 p.m. on March 1, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of March 5, 1991 to order at 3:07 p.m. City Manager James Ruth. He announced that the City Manager's office has today provided the Council with the data requested at the meeting of February 5, 1991. The report (Subject: Total City Resources Allocated for Youth) lists all of the resources allocated for youth and youth gang prevention programs in the City. He then introduced Chief Molloy who is going to make a presentation on Youth Gang Activity in the City. PRESENTATION - YOUTH GANG ACTIVITY BY POLICE CHIEF JOSEPH MOLLOY: Police Chief Molloy. Today the focus will be on one type of street gang due to the limited time available. This does not mean the City is not affected by other gangs such as prison gangs, motorcycle gangs, Asian gangs, white supremacy groups or black gangs as there has been an increase in this type of gang activity as well. At the present time, the Hispanic gangs are the real impact on the Anaheim community. The Police Department began tracking gangs around 1985 and at that time identified 8 street gangs totaling 179 members. By 1990, this number has increased to 35 with a membership of approximately 500, which has presented major challenges to the police and other departments in the City. A summary of Anaheim street gang activity would not be complete without identifying the activities of the gangs in other neighboring communities. City boundaries have no meaning. Officer Lee Smith, Gang Intelligence Officer is present today. Officer Smith has prepared a special presentation that will help to better understand what street gangs are and how they affect the community. Maps are also displayed showing the location of the gangs and a slide presentation is included to show some of the activity. 135 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. Officer Lee Smith. His extensive presentation which was supplemented by slides included first a definition of a gang, the three stages of development - formative, transitional and hard core, age range, special requirements to becoming a member of a gang, etc. Working from the posted map, he briefed the areas outlined in red, areas that certain gangs have claimed - those that are active and their "turf" Not only is there activity involved with gang vs. gang, but the gangs also victimize individual citizens within the City. The slide presentation showed property damage where graffiti is placed all over walls, garages and many other surfaces displaying the names and symbols of the various gangs. As the slides were being shown, Officer Smith gave details of gang activities, relayed incidents, referred to various individuals shown in the slides (names and identities obscured) telling of the criminal activity in which they were involved. Other slides showed various weapons used by gangs, a homicide scene and a recent victim of gang violence. He also explained some of the police surveillance activities used. Out-of-city gangs are also starting to come into the county/city. At the conclusion of Officer Smith's presentation, Chief Molloy then briefed some of the things that the Police Department is doing to combat/mitigate youth gang activity as well as explain the involvement of many other City - departments. In conclusion, Chief Molloy first explained some of the things the department has been doing with regard to the subject problem, noting that the department's one full-time staff member to track criminal gang activity is Officer Lee Smith. Chief Molloy also reported that Los Angeles County has in excess of 50,000 strong gang members, Santa Aha, 7,000 and in Anaheim gang membership has increased to over 500 and continues to grow. It is necessary to continue to respond pro-actively if they expect to deter the products of criminal gang activity in the City. One of the steps in the right direction is, recently the department through the efforts of Community Block Grant Funding program funded two additional police officers for Fiscal Year 1991-92. The officers will basically concentrate their efforts on Block Grant Funded areas of the City. The City Manager has authorized him to fill these two positions prior to the start of the current fiscal year. The department is maximizing the use of the funds they have. Los Angeles County waited too long to recognize and deal with the gang problem and Anaheim should not wait that long. The Police Department is moving ahead. The problem is not going to go away and can only get worse. The community, Police Department and all operating departments in the City are working effectively. He will be happy to answer any questions and/or invites Council Members to come to the Police Department to be apprised first hand of the efforts being put forth in this regard. Mayor Hunter. He thanked the Chief and his staff. Gang activity is one of the issues that is foremost in the minds of Council Members and finding a solution to the problem. He knows Council Member Simpson has made it a top priority. Council Member Simpson. He has thus far not been successful in being able to do something about it. He has been working with the City Manager to do everything possible to get additional people to assist. Without additional people, they are not going to solve the problem. He asked Chief Molloy if he had documentation that would provide the Council with statistics; Chief Molloy stated that such documentation could be provided. 136 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. Council Member Daly. He was talking to the County Chief Probation Officer at a meeting which Supervisor Don Roth sponsors quarterly. He has a program available to cities who want it. He asked if the Police Department was coordinating with County Probation; Chief Molloy answered yes. Relative to whether they are considering a more formal arrangement with them, Chief Molloy stated they are going to explore that but it is a matter of giving up local resources and he does not want to do that right now. What they want to talk to the Probation Officer about as well as his staff is the involvement in a regional program the department is going to put together. Council Member Daly. Because of discussions the Council has been engaged in the past year or so, in the next budget cycle, he is going to be looking closer at the Police Department budget. It is approximately forty-five million dollars and he believes money can be moved around within a budget that large to address priorities such as gangs. The County Sheriff's department, the County Probation department, Santa Ana Police Department activities and experiences are there for the tapping. He questions why there is not more of a concerted effort city-wide. The Council gave the Police Department an additional 32 staff people less than a year ago. The Council has made the Police a priority for a long time but do not seem to be gaining any ground. - Mayor Hunter. He feels the problem is there is not enough to go around. What needs to be looked at is the amount of sworn Police officers out on the street, and that is the problem. Whatever happens with Measure D (creation of a Public Safety Benefit Assessment District on the special election ballot today) if it does not pass they are going to have to come up with a contingency plan and setting priorities in order to hire more Police officers because it is such an important matter. Chief Molloy. Answering Council Member Simpson, stated that, at the present time, any hiring has to be approved, there is a cap on overtime, the budget target cut for the Police department is approximately $850,000 dollars, the shortfall in the Police department for the coming year is $790,000 dollars. Chief Molloy. He invited Council Member Daly to the Police Department to go over the budget and to look at its priorities. Talking about 32 additional personnel, 5 police officers were hired through general fund money and the rest were hired through narcotic forfeiture money. Council Member Daly. No department does as well in the City in the competition for funds as the Police Department. There are cooperative ventures available and resources to be tapped. The Council continually hears the notion that only one staff person is assigned to gangs. He feels there has to be a more complete description that should be made in terms of all the various officers assigned - the Community Action Policing Team (CAPT), DARE Program, etc. The Police Department budget is the highest in the City. He does feel they need more personnel. The Council has to set priorities. In talking about crime, graffiti and gangs, he asked if there are 500 members that belong to 35 gangs what would it take besides Officer Smith to discourage/mitigate/eliminate gang activity - 4, 6, 10 officers or more. 137 City Hall, Anaheim, California - COUNCIL MINUTES - March 5. 1991. 5:00 P.M. Chief Molloy. He feels the department needs to continue in its present effort. They need to develop fear in what they term as "urban terrorists' in order to make them understand that their behavior will have severe consequences, continue to enhance the Crime Resistance program with Code Enforcement and the Police Department, and to enhance the coordinated efforts of everybody. Their target is to have a sergeant and six gang investigators on a seven-day-a-week basis - three teams of people and a sergeant. He confirmed that currently along with Officer Smith and three people, that three more people and a sergeant are needed. Council Member Pickler. It is something they should look at now and perhaps not wait until budget time. He does not believe Measure D is going to be voted on favorably. Council Member Simpson. There is a need for 'soul-searching" relative to Measure D. He feels it is a "cop out" if 15% of the voters in the City turn out and the measure passes by 51%, he questions whether that represents the rest of the City. What they have been doing for years in the City and continue to do is borrow against a savings account. The City has not put a revenue source in place since 1962. It is necessary to either cut out services or - raise revenues to meet expenditures. The Police Department, like Fire is over 80% labor intensive. It cannot be done with words. He questioned what they will do if Measure D passes or whether there is a majority on the Council to implement Measure D with what he perceives to be a 15% to 18% turnout. Mayor Hunter again thanked Chief Molloy and his staff for the workshop presentation. Council Member Ehrle entered the Council Chambers. (4:04 p.m.) It was determined that since there was not sufficient time on this portion of the agenda to hear the scheduled presentation on Artists' Concepts for the Koll Center at this time, that the presentation will be made at the 5:00 p.m. meeting of the Redevelopment Agency. RECESS - 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 Superior 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. 138 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. d. To meet with its property negotiator to consider acquisition of property located at 400 W. Freedman Way. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). f. 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. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council Meeting. (5:15 p.m.) INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were authorized by the City Council. Girl Scout Week in Anaheim, March 10 - 16, 1991 Red Cross Month in Anaheim, March, 1991 Volunteer Month in Anaheim, March, 1991 Nancy Renzo accompanied by a group of Girl Scouts accepted the Girl Scout Week proclamation; Flo Tarlton accompanied by a group of Red Cross volunteers accepted the Red Cross Month proclamation and Virginia Benner and a group of volunteers accepted the Volunteer Month proclamation. Mary Ann Terry, Recreation Services Manager who was in the Chamber audience reported for the Mayor that volunteer hours in the City of Anaheim totaled 108,000 plus this year and in the last five to six years has been totaling well over 100,000 hours. Mayor Hunter and Council Members commended all of the volunteers who contributed to the remarkable number of hours donated to their community. MINUTES: Council Member Hunter moved to approve the minutes of the regular meeting of January 15, 1991. Council Member Daly seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,013,878.58 for the week ending March 1, 1991, in accordance with the 1990-91 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the meeting of Redevelopment Agency and Housing Authority. (5:32 p.m.) Mayor Hunter reconvened the City Council meeting all Council Members being present. (5:48 p.m.) 139 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. WAIVER OF READING - RESOLUTIONS/ORDINANC~$~ The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 91R-56 through 91R-60, both inclusive, for adoption; Ordinance No. 5205 for adoption.) Council Member Pickler moved to waive the reading in full of the resolutions and ordinances. Council Member Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Hunter, 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 Pickler offered Resolution Nos. 91R-56 through 91R-60, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5205 for adoption. Refer to Resolution/Ordinance Book. 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 Darrell Joe McCafferty for bodily injury sustained purportedly due to actions of the City on or about November 8, 1990. b. Claim submitted by Gina Marie McCafferty for bodily injury sustained purportedly due to actions of the City on or about November 8, 1990. c. Claim submitted by Sandor Molnar for bodily injury sustained purportedly due to actions of the City on or about May 23, 1989. d. Claim submitted by Edward F. Stroehlein for property damage sustained purportedly due to actions of the City on or about November 27, 1990. e. Claim submitted by Therese Rohner for property damage sustained purportedly due to actions of the City on or about January 22, 1991. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held February 7, 1991. 105: Receiving and filing minutes of the Public Utilities Board special meeting held February 11, 1991. 1052 Receiving and filing minutes of the Community Redevelopment Commission meeting held February 6, 1991. 173: Receiving and filing a Notice of Application from Power Shuttle, Inc., regarding their application filed with the Public Utilities Commission, to seek authority to provide on-call, door-to-door van service between certain points in Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties on the one hand, and Los Angeles International Airport, Burbank Airport, Ontario Airport, Long Beach Air Port, John Wayne Airport, Amtrak Station and Los Angeles and Long Beach Harbors on the other hand. 140 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. 173: Receiving and filing a Notice of Application from Coast Shuttle, Inc., regarding their application filed with the Public Utilities Commission, to seek authority to provide on-call, door-to-door van service between certain points in Los Angeles and Orange on the one hand, and Los Angeles International Airport, John Wayne Airport, Amtrak Station and Los Angeles and Long Beach Harbors on the other hand. A3. 158: Authorizing the payment of $213,046 to William C. Taormina and Cynthia L. Taormina, pursuant to agreement on file, for modifications to their building located at 401 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-4). A4. 123: Approving a Signal Maintenance Agreement with the City of Fullerton, at a cost of $3,215 per year, for traffic signal maintenance for the intersection of Raymond Avenue and Orangefair Lane. A5. 173: RESOLUTION NO. 91R-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING FUNDING FOR THE SOUTHEAST LOS ANGELES-WESTERN ORANGE COUNTIES TRANSPORTATION STUDY POLICY ADVISORY COMMITTEE (SCAG). (Supporting the request for an annual appropriation in the amount of $10,000 of funding from the Southern California Association of Governments.) 173: RESOLUTION NO. 91R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING FUNDING FOR THE SOUTHEAST LOS ANGELES-WESTERN ORANGE COUNTIES TRANSPORTATION STUDY POLICY ADVISORY COMMITTEE (TRANSPORTATION COMMISSIONS OF LOS ANGELES AND ORANGE COUNTIES). (Supporting the request for an annual appropriation in the amount of $10,000 of funding from both the Los Angeles County Transportation Commission and the Orange County Transportation Commission.) A6. 101: Approving a Construction Trailer Site and Parking License with the County of Orange, in the amount of $1,840 per month in order to facilitate construction of the Arena. (Council Member Pickler voted no.) A7. 123: Approving a License Agreement with Southern Pacific Transportation Company, in the amount of $2,500 to permit the installation of an underground communication line along Katella Avenue crossing the Southern Pacific Railroad, and authorizing the City Engineer to execute the License Agreement. AS. 136: Approving Contract Change Order No. 1, in the amount of $258,774.14 in favor of J. L. Etheridge Company, for the full replacement of the existing 25-year-old clubhouse at H. G. 'Dad' Miller Golf Course. A9. 160: Accepting the bid of Dymaxion, Inc., in the amount of $24,432 for NCS card access reader system at the Convention Center, in accordance with Bid ~4895. Al0. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for six months ended December 31, 1990. All. 123: Approving an agreement with Volt Energy Services, in an amount not to exceed $32,000, and approving an agreement with Jordan & Company, in an amount not to exceed $32,000, both to perform residential water audits and training programs for commercial water customers. 141 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. Al2. 123: Approving Amendment No. 1 to the Reload Fuel Assembly Contract between ABB-Combustion Engineering and Southern California Edison Company, San Diego Gas & Electric Company, the City of Anaheim and the City of Riverside for Units 2 and 3 of the San Onofre Nuclear Generating Station (SONGS), and authorizing the Public Utilities General Manager to sign said amendment. A13. 149: ORDINANCE NO. 5205 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .2460 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING (prohibits stopping and parking - Orange Avenue, on the north side, from Knott Street to the westerly City limits). Al4. 158: Approving the relocation claim for Rancho Del Rio Utility System, in an amount not to exceed $110,000, and authorizing the City Manager to approve payments, conditioned upon submission of bids, invoices, and claim forms in a form suitable to the City. Al5. 123: RESOLUTION NO. 91R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO COOPERATION AGREEMENT NO. 58 FOR RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS WITH THF~ ANAHEIM REDEVELOPMENT AGENCY. ~ Al6. 123: RESOLUTION NO. 91R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 79 FOR RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. Al7. 158: RESOLUTION NO. 91R-60: 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. Al8. 1505 Approving the request for a fee waiver by the State Employment Development Department for their use of the Brookhurst Community Center on Thursday, May 9, 1991. Al9. 123: Approving a Fourth Amendment to Agreement with JHK & Associates for Traffic System Management and design consulting services, and authorizing the Mayor to sign said Amendment. 106: Amending the 1990/91 Resource Allocation Plan by increasing revenue appropriations by $300,000 in Account Number 49-3155-E904, and expenditures by $300,000 in Account Number 49-799-6310-E904. A20. 123: Approving an agreement with the joint venture firms of Cains Gressel Midgley Slater, Incorporated (CGMS) and Economic and Planning Systems, Inc., in the amount of $101,000 to provide professional services to analyze the fiscal and economic impacts of the proposed Anaheim Disney Theme Park Project. 137: Appropriating $101,000 from the proceeds of sale of the Commercial/Recreation Area Certificates of Participation for the above purpose. 142 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. A21. 123: APPROVAL TO ACQUIRE FEE TITLE AND LEASEHOLD OPTION IN CERTAIN PROPERTIES OWNED BY MELODYLAND CHRISTIAN CHURCH: City Attorney White stated that at approximately 3:00 o'clock this afternoon City staff completed negotiations with Melodyland Christian Church for the acquisition of certain real property interest currently owned by Melodyland Church. As outlined in the report dated March 5, 1991, from the City Manager, James Ruth to the City Council, the recommendation is to authorize the City Manager to enter into an agreement with Melodyland Church to acquire the following: fee title to 2.92 acres at the southwest corner of Freedman Way and Clementine Street; a five year option to acquire the Church's leasehold interest in 4.18 acres fronting on Katella for a declining fixed price; and, a five year first right of refusal to acquire 8.46 acres of their remaining property, for a total price of $4,737,150. The report under the discussion portion on Page 1 and 2 explains the three primary concepts in the offer from the church. City Attorney White continued that the recommendation is being presented to the Council this evening even though it is not on the printed agenda because the Council is not scheduled to meet again until March 19, 1991. If the Council approves the action tonight, it would also be implicit in the approval that tile City Manager and City Attorney be authorized to make minor non-substantive ' changes to the purchase agreement should that become necessary and enter into any supplemental escrow instructions relating to the purchase of the property. A 4/5's vote of the Council is required. MOTION: Council Member Hunter moved to authorize the City Manager to enter into an agreement with Melodyland Christian Church to acquire fee title to 2.92 acres at the southwest corner of Freedman Way and Clementine Street; a five year option to acquire the Church's leasehold interest in 4.18 acres fronting on Katella for a declining fixed price; and, a five year first right of refusal to acquire 8.46 acres of their remaining property, for a total price of $4,737,150. Council Member Simpson seconded the motion. Council Member Pickler voted no. MOTION CARRIED. Council Member Pickler stated he voted no because of the condition of the City and the need to find dollars in the upcoming budget to pay for necessary services. He feels priorities are being set in the wrong order. The cost of the property is close to 5 million dollars and it is property the City does not need right now. It is not appropriate to be spending that money at this time. Roll Call Vote on Resolutions~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS= Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution Nos. 91R-56 through 91R-60, both inclusive, duly passed and adopted. 143 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. Roll Call Vote on Ordinance: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5205 duly passed and adopted. End of Consent Calendar. MOTION CARRIED. ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY llt 1991~ INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 5, 1991: B1. 179: ENVIRONMENTAL IMPACT REPORT NO. 299r RECLASSIFICATION NO. 89-90-29: LOCATION: Northeast corner of Douglass Road and Katella Ave. Request for review and approval of final precise plans for exterior building elevations of the proposed Anaheim Arena. ACTION TAKEN BY THE PLANNING COMMISSION: Final precise plans for the Arena APPROVED. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3336 AND NEGATIVE DECLARATION: OWNER: NORWALK INVESTMENTS, C/O STEPHEN WONG, 1020 N. BATAVIA ST., STE. B, ORANGE, CA 92667 AGENT: PEDRO GOMEZ, 536 S. ROSE St., ANAHEIM, CA 92805 LOCATION: 536 South Rose Street. Property is approximately 0.6 acre located on the east side of Rose Street and approximately 530 feet south of the centerline of Santa Ana Street. To permit an automobile repair facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3336 GRANTED, for two years with a one-year review (PC91-18) (7 yes votes). Waiver of code requirement APPROVED, no cars to be parked in the front area which to be kept open for customers, and no storage of inoperable vehicles in the front area. Approved Negative Declaration. B3. 179= RECLASSIFICATION NO. 90-91-22 AND NEGATIVE DECLARATION= OWNER: INITIATED BY THE CITY OF ANAHEIM, 200 E. Anaheim Blvd., Anaheim, CA 92803 LOCATION: 2041-2083 South Harbor Boulevard. Property is approximately 8.6 acres located at the northwest corner of Harbor Boulevard and Orangewood Ave. For a change in zone from CL TO CR, (a City-initiated reclassification of property). ACTION TAKEN By THE PLANNING COMMISSION: Reclassification No. 90-91-22 GRANTED (PC91-19) (7 yes votes). Approved Negative Declaration. 144 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. B4. 179: WAIVER OF CODE REQUIREMENT, CONDITION~L USE PERMIT NO. 3383 AND NEGATIVE DECLARATION: OWNER: IMPERIAL PROPERTIES, 3188 Pullman, Costa Mesa, CA 92626 LOCATION: Property is approximately 4.2 acres and is located at the northeast corner of Santa Ana Canyon Road and Imperial Highway. To permit the expansion of a gourmet take-out restaurant with outdoor seating and on-premise sale and consumption of beer and wine with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN BY THE APPLICANT. B5. 179: VARIANCE NO. 4112r CATEGORICALLY EXEMPTt CLASS llr APPROVAL OF SIGN PLANS: OWNER: BEDFORD DEVELOPMENT CO., 3002 Dow Ave., Ste. 118, Tustin, CA 92680 LOCATION: Property is approximately 2.25 acres located at the northwest corner of Monte Vista Rd. and Weir Canyon Rd. To construct 4-monument signs with waiver of permitted number and type of freestanding signs. . ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4112 GRANTED for three signs, one to be for advertising gasoline prices and no wall signs for car wash (PC91-20) (7 yes votes). Sign Plans APPROVED. B6. 179: CONDITIONAL USE PERMIT NO. 3262 AND N~GATIVE DECLARATION~ OWNER: BEDFORD DEVELOPMENT CO., 3002 Dow Ave., Ste. 118, Tustin, CA 92680 AGENT: YORBA LINDA CAR-WASH, 17091 Imperial Hwy., Yorba Linda, CA 92686 LOCATION: Property is approximately 2.25 acres located at the northwest corner of Monte Vista Rd. and Weir Canyon Rd. Petitioner requests an amendment to the conditions of approval pertaining to parking area lighting and approval of revised plans with further waiver of required setback adjacent to a Scenic Expressway (Revision No. 2). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3262 DENIED (PC90-21). Approved Negative Declaration. B7. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3055 AND NEGATIVE DECLARATION, RETROACTIVE EXTENSION OF TIME: OWNER: FRED W. MORGENTHLER et al, 24541 Saturn Drive, Mission Viejo, CA 92691 AGENT: KHOSROW MATIN, 1041 Eugene Dr., #8, Fullerton, CA 92632 LOCATION: 513 W. Chapman Ave. Property is approximately 1.7 acres located on the north side of Chapman Ave. approximately 290 feet east of the centerline of Harbor Blvd. Petitioner requests approval of revised plans (Revision No. 1), and a 145 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. Retroactive Extension of Time in order to comply with conditions of approval for a 1,772 square foot convenience market with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3055, Revision No. i GRANTED (PC91-22) (7 yes votes). Retroactive Extension of Time APPROVED - from 8/29/89 to expire 8/29/91. Waiver of code requirement APPROVED. Approved Negative Declaration, BB. 179: CONDITIONAL USE PERMIT NO. 3223 AND NEGATIVE DECLARATION: OWNERS: GILBERT/LA PALMA PROPERTIES, c/o Stephen Claman, 1900 Ave. of the Stars, Los Angeles, CA 90667 AGENT: HERITAGE INTERNATIONAL, Attn: Edward Perez, 1134 Gilbert St., Anaheim, CA 92801 LOCATION: 1134 North Gilbert St. Property is approximately 6.09 acres located at the northeast corner of Gilbert Street and La Palma Ave. Request amendment to a condition of approval pertaining to hours of operation for a 5,500 square foot non-industrial corporate training center. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3223 GRANTED (PC91-23) (7 yes votes). Approved Negative Declaration. B9. 179: SPECIMEN TREE REMOVAL PERMIT NO. 91-01 AND NEGATIVE DECLARATION: OWNER: FRANK HOANG, 9282 Clondhaven Dr., Huntington Beach, CA 92646 LOCATION: 5059 Crescent Dr. Property is approximately 1.02 acres located approximately 430 feet north of the centerline of Crescent Drive. Petitioner requests the removal of 11 Specimen Trees under authority of Code Section 18.84.038.040. ACTION TAKEN BY THE PLANNING COMMISSION: Specimen Tree Removal Permit No. 91-01 APPROVED (6 yes votes, I no vote. 1. To replace with (5) 24" and (8) 36" box trees. 2. Sight screen tennis court. 3. Plant 3 more 36" box trees between Santa Ana Canyon Road and the tennis court; to be visible from Santa Aha Canyon Road. Approved Negative Declaration. End of the Planning Commission Items. ITEMS B10 - Bll FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 25t 1991t INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 7~ 1991: Bi0. 179: RECLASSIFICATION NO. 90-91-21. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3380t WAIVER OF COUNCIL POLICY NO. 543~ TENTATIVE TRACT MAP NO. 14401 AND MITIGATED DEC~A~ATION: OWNER: JOHN G. PRENTICE, 280 N. Ott Street, Corona, CA 91720 146 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. AGENT: NEWPORT PACIFIC DEVELOPMENT, Attn: A1 Marshal, 14400 Mac Arthur Blvd., #900, Newport Beach, CA 92660 LOCATION: 2941 E. Jackson Ave. Property is approximately 1.1 acres located on the north side of Jackson Ave. approximately 750 feet east of the centerline of Vista Street. For a change in zone from RM-1200 TO RM-2400. To permit an 'affordable" 24-unit RM-2400 condominium complex with waivers of minimum site area per unit, maximum structural height and minimum landscape area. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract No. 14401 APPROVED. Approved Mitigated Negative Declaration. NOTE: RECLASSIFICATION NO. 90-91-21, AND CONDITIONAL USE PERMIT NO. 3380 WILL APPEAR ON THE COUNCIL AGENDA OF MARCH 19, 1991. Council Member Pickler. He had a concern with this item. Previously it was for 21 apartments and now it is for 24 condominiums, 3-story; Council Member Daly. He had a concern as well but he does not know what he would recommend differently. City Clerk, Leonora Sohl. The item is on the agenda today because of the tentative tract. The reclassification and conditional use permit relating to it will again appear on the Council agenda of March 19, 1991. Mayor Hunter. The Council will have an opportunity to look at this item at that time. No action was taken relative to the tentative tract. Bll. 155: ENVIRONMENTAL IMPACT REPORT NO. 273, REVISION NO. 1 TO VESTING TENTATIVE TRACT MAP NO. 12685 AND SITE PLAN: OWNER: PRESLEY OF SOUTHERN CALIFORNIA, Attn: Steven Riggs, 19 Corporate Plaza, Newport Beach, CA 92662 LOCATIONs Property is approximately 14.91 acres generally bounded by the Highlands at Anaheim Hills Development Area 2 to the north, The Highlands at Anaheim Hills Development Area 3 to the east and The Highlands at Anaheim Hills Development Area 5 to the south and west and further described as a portion of Development Area 4 of The Highlands at Anaheim Hills (Tentative Tract Map No. 12685 Revision No. i - (SP87-1). Petitioner requests to revise a previously approved vesting tentative tract map (including 78 residential lots and 1 open space lot) to develop 78 single-family detached residential structures within The Highlands at Anaheim Hills Development Area 4. ACTION TAKEN BY THE PLANNING COMMISSION: Revision No. 1 to Vesting Tentative Tract Map No. 12685 and Site Plan APPROVED. EIR NO. 273 previously certified. 147 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. ITEM B12 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 21, 1991 - DECISION DATE: FEBRUARY 28, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 15t 1991: B12. VARIANCE NO. 4114t CATEGORICALLY EXEMPT, CLASS 5: OWNER: MR. & MRS. BERRY, 1265 E. Santa Ana Street, Anaheim, CA 92805 LOCATION: 1265 East Santa Ana Street. Property is approximately 0.27 acre located on the north side of Santa Ana Street approximately 220 feet east of the centerline of Haven Street. Waiver of minimum side yard setback to construct a 2-story, 800 sq. ft. room addition to an existing single-family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4114 APPROVED (ZA91-11). End of the Zoning Administrator Items. 155/179: ORDINANCE NOS. 5206 AND 5207 (ADOPTION): WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5206 and 5207 for adoption) Council Member Hunter moved to waive the reading in full of the ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Ordinance No. 5206 for adoption (1) Amendment No. 1 to the Highlands at Anaheim Hills Specific Plan No. 87-1; (2) Ordinance No. 5207 for adoption, Amendment No. 1 to SP88-3 (Santa Fe Pacific Plaza Specific Plan) - Revised site plan. Refer to Ordinance Book. ORDINANCE NO. 5206: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 18.70.030 OF THE ANAHEIM MUNICIPAL CODE, AMENDING CONDITIONS OF APPROVAL AND ADDING A CONDITION TO ORDINANCE NO. 4861 RELATING TO SPECIFIC PLAN 87-1 ZONING (THE HIGHLANDS AT ANAHEIM HILLS). ORDINANCE NO. 5207: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 18.73.020.100 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN 88-3 ZONING AND AMENDING ORDINANCE NOS. 5045 AND 5046 ACC0RDINGL¥ (SANTA FE PACIFIC PLAZA). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance Nos. 5206 and 5207 duly passed and adopted. B15. 179: RESOLUTION NO. 91R-61: Granting Conditional Use Permit No. 3356 and amending Resolution No. 91R-19, nunc pro tunc. 148 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-61) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-61 for adopting granting Conditional Use Permit No. 3356 and amending Resolution No. 91R-19, nunc pro tunc. Refer to Resolution Book. RESOLUTION NO. 91R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3356 AND AMENDING RESOLUTION NO. 91R-19, NUNC PRO TUNC. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-61 duly passed and adopted. ITEMS OF PUBLIC INTEREST: Doug Gibson, 931 S. Peregrine, Anaheim. He sits on the Orange County Drug Advisory Board for the 4th District and attends the Orange County Gang Commission meetings held on a monthly basis. He addressed some of the issues that were presented under the workshop portion of the agenda by Officer Lee Smith (Presentation - Youth Gang Activity by Chief Molloy). Apparently eight gang officers are not enough in Santa Ana. On the map shown earlier, there was a long strip showing the location of a gang in the area in which he (Gibson) lives. That is not a Block Grant area. Block Grant in Anaheim will eventually fund two officers as he understands and with the advent of just those two additional gang officers, it is not enough. It does not mean that the gang problem is being dealt with effectively city-wide. Phil Tayback, 2175 S. Mallul Drive 9139, Anaheim. Ne addressed concerns about his status of living conditions. D1. 174: PUBLIC HEARING - SEVENTEENTH YEAR (1991-1992) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND BUDGET: To consider the 17th year (1991-1992) Community Development Block Grant (CDBG) Program and Budget as recommended by the Community-wide CDBG Citizen Participation Committee for a total of $2,463,000. Submitted was report dated February 20, 1991, from the Community Development Department recommending approval of the subject. 149 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. Lisa Stipkovich, Executive Director of Community Development. This is the public hearing for the Seventeenth Year Block Grant Funding. Present tonight to present the recommendation of the Community-wide CDBG Citizen Participation Committee is Keith Olesen, Chairman of the Committee. Mr. Keith Olesen, Chairman, Community-wide CDBG Citizen Participation Committee. He is pleased to be the one responsible to speak for a whole group of people who worked very hard on this annual process. He commended the members of the committee who collectively gave 300 to 400 hours of their time. The process is never easy and there are never adequate funds to fulfill all the requests of the many deserving organizations. Staff also went out of their way to assist in the process. He reiterated a great deal of time and effort was put forth for six months of the year and the final recommendation is the result of that long effort; therefore, the Committee is recommending adoption of the budget just as presented to the Council. Mayor Hunter opened the public hearing and asked to hear from those who wished to speak. Margaret Patino, 1243 W. Laster, Member of the CDBG Committee. She also chairs the Housing Commission. The Community Services Department is opposed to tearing down the handball courts originally built with Block Grant Funds. The courts today are not being used for the sole purpose for which they were intended. Residents have raised concerns about the courts. The residents should have the most input because they are directly impacted. She asked the reasons the department has for retaining the courts, whether it was a study, a survey or some other means. She would prefer that the neighborhood and not the City staff be the ones to determine whether or not the handball courts are kept or removed. She also made reference to the Audrey Park Plaza project in process in the Jeffrey Lynne Area near Laster street which is her neighborhood. The reason she makes reference to that project is because it somewhat parallels the handball court situation, wherein the residents of the area are the ones who should give the input. Lisa Stipkovich, Executive Director of Community Development. The Parks, Recreation and Community Services department have discussed the issue of the handball court. Her understanding in speaking with Mr. Jarvi, the Director, the recommendation was to let the budget be submitted as approved. The item Mrs. Patino referred to is under the Central City Neighborhood Area listed as a Community Garden at George Washington Community Center for $10,000 dollars. That would take out the handball court and replace it with the Community Garden. This is, and has been a point of contention. The department's position is that they are not sure that is the best alternative, and they would like it referred to the Community Services Board to get input from the community with the Board subsequently to make a recommendation to the Council. The department is not opposed to leaving it in the budget and to have the budget go forward as approved. If it is something the Council did not want to fund, it could be put into contingency. Steve Swaim, Superintendent of Community Services. Relative to Audrey Plaza Park, a subcommittee is being formed which includes Mrs. Patino, some of the residents of Laster as well as Jeffrey Lynne to sit down and talk about how they will evaluate whether or not the park is successful. The first meeting is next Tuesday. The park is on an experimental basis. 150 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. Mike Buelna, 1754 South Renier Court. He is present on behalf of the surrounding neighborhood relative to the handball courts. Youth and adults utilize those courts. He is requesting that the Council approve the matter going before the Community Services Board (CSB) so that the residents of the area can give their input. Currently there are no other activities for youth in that area. He personally believes to eliminate the only recreational outlet for the young people in that area would be a mistake. Larry Torgesen, 216 North Claudina. He was one of the people who requested the handball court some years ago. Unfortunately there has not been any supervision there. There is a handball court, a table and bench - a perfect place for gangs to congregate. They have taken away the bench and table. Unless there is supervision, there is no reason to keep the handball court. It is a negative to the neighborhood. Now, as one of the original people who asked to have the court, he would like to see the handball court eliminated. Mayor Hunter. Relative to the issue of the handball court, it is going to go back to the Community Services Board and be aired at that time. Subsequently a recommendation will come back to the Council. The issue is the $2,463,000.00 dollars funding package and he would like to see that addressed rather than the handball court. Arlene Rowles, 736 N. Sabina. She supports the handball court staying where it is. Keith Olesen. Relative to the budget, it is ready to go. He urged the Council's approval as is. Relative to the issue of the handball court they have had many hearings on the matter. It has been the topic of conversation every month at Central City Meetings. There has been an over abundance of input. The people causing the problem do not attend a lot of the meetings. He feels the idea of it going to the Community Services Board is ridiculous. The CDBG Committee is made up of representatives of the community areas, City Boards and Commissions including the Park and Recreation Commission and the Community Services Board. Those people all voted on it and heard public testimony. The two representatives on the Park and Recreation Commission and Community Services Board voted in favor of eliminating the handball court. To take a CDBG decision that was made by the Block Grant Committee and side step it to make it as painless as possible and to give it to the CSB when it was recommended by representatives of the CSB seems suspect. He urged that the budget be approved as is without conditions and stipulations. He gave additional input relative to what has taken place with regard to the handball court issue which included discussion with City departments. He feels the departments have done nothing to correct the problems. There is a resistance to accept responsibility. The Committee accepted the responsibility and have recommended that the handball court be replaced by a community garden. The city's own security guard was beat up at the handball court and other incidents have taken place. It is not a good situation. It is not a good place for a handball court. He then briefed the many problems associated with the handball court. 151 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. Mayor Hunter. It is his understanding the $10,000 dollars is part of the budget that the Council will approve but one of the issues is the handball court; Steve Swaim confirmed that was correct. COUNCIL ACTION: Mayor Hunter closed the public hearing. Council Member Daly. He noticed that the Project SAY Application which was funded last year for $67,000 dollars is recommended for zero funding. That is balanced by the fact that there is $180,000 dollars in the budget for gang outreach. He asked to hear from Mr. Olesen or staff on the thinking in this regard. Keith Olesen. There are two main reasons - one is the disillusionment of the Committee and residents with the gang element originally in Project SAY which was Turning Point. They could not do the job and eventually went bankrupt. Another organization was recommended by Community Services to take over that function. They agreed to fund the last year with the remaining money from Turning Point. That organization vanished as well and were not able to take up the obligation. There had to be some kind of gang outreach/gang , intervention program but much more than what CDBG could fund. The option came up to do the same program through the Police Department where there was a better chance of getting quality results. They feel the Police should be involved in the program and when they came along with the pilot program, that is where they wanted to put the money. Council Member Daly. He asked the future of Project SAY. Steve Swaim. The net effect of no Block Grant Funding for SAY means they will be down two outreach workers. It pays salary and benefits of two full-time outreach workers. The General Fund has funded two outreach people and they are looking for CDBG Funds to also fund two outreach workers. They exist as a partnership between the General Fund and Block Grant Funds. The Project SAY Program will be going from four to two outreach workers in this coming fiscal year. Answering Council Member Daly, Mr. Swaim reported that the Boys and Girls Club and YMCA stand as separate applications for Block Grant Funding but are an integral part of the Project SAY Program. The Boys and Girls Club will be funded. The YMCA is not asking for any Block Grant dollars this year. The net result - they will be down two outreach workers. The Police are looking for intelligence and suppression. Project SAY is prevention and diversion. Before they become gang members, they want to try to convince kids there is a better way to go. MOTION: Council Member Hunter moved to approve the Seventeenth Year (1991-1992) Community Development Block Grant (CDBG) Program and Budget as recommended by the Community-wide CDBG Citizen Participation Committee (see 1991-1992 CDBG Program/Budget Recommendation sheets 1 and 2 attached to the February 20, 1991 report from the Community Development department) for a total of $2,463,000.00 dollars which includes funds for a community garden at the George Washington Community Center am an alternative to the 152 City Hall, Anaheim, California - COUNCIL MINUTES - March 5, 1991, 5:00 P.M. handball/basketball courts in the amount of $10,000 dollars with this matter to be referred to the Community Services Board and the Community Services Board to subsequently submit a recommendation to the Council. Council Member Ehrle seconded the motion. MOTION CARRIED. ADJOURNMENT: By general consent the Council adjourned the Council meeting of March 5, 1991 with no Council meeting scheduled for March 12, 1991 and the next Council meeting scheduled for March 19, 1991. (6:35 p.m.) LEONORA N. SOHL, CITY CLERK 153