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1991/10/22City Hallt Anaheimt California - COUNCIL MINUTES - OCTOBER 22~ 1991t 5=00 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle, Hunter (entered 5:25 p.m.) COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Lee Sohl ASSISTANT CITY CLERK: Ann Sauvageau DEPUTY CITY MANAGER: Tom Wood PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:25 p.m. on October 18, 1991, at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem Ehrle called the workshop portion of the meeting of October 22, 1991, to order at 3:02 p.m. City Manager James Ruth introduced the first presentation to be made by Mr. Ken Delino, Executive Director of OCCAA (Orange County Cities Airport Authority) and staff person, SCAG (Southern California Association of Governments) with opening comments by Councilman Hank Weeda, City of Yorba Linda. 173: PRESENTATION - AIRPORT AUTHORITY: Hank Weeda, Councilman, City of Yorba Linda and Chairman, SCAG Aviation Work Program Committee. He commented first on SCAGS role in the process. SCAG is the MPO for the area and, also has been designated by the FAA (Federation Aviation Administration) as their agent in Southern California responsible for aviation matters. SCAG recognized many years ago that there are significant problems in the area of aviation particularly relative to airports, and specifically the ability of existing airports to meet the future passenger demand based upon forecast of population growth within the six county area of Southern California. He recounted the past history relating to aviation needs and the major study of airports in Southern California undertaken in the early 1980s'. The study showed that there was a significant problem, and one of the recommendations was that a Southern California Regional Airport Authority should be formed. The current members of that authority are the City of Los Angeles, County of Los Angeles, County of San Bernardino and County of Riverside but Orange County has been missing because they have always declined to join. A number of Orange County cities decided to form the Orange County Cities Airport Authority (OCCAA) which a number of cities joined and a number elected not to join. After going through a number of studies, he believes SCAG has an answer to the County's aviation needs - the E1 Toro Marine Corps Air Station will be closing in a few years and SCAG has determined that to be the best site for a new commercial airport. He then introduced Mr. Ken Delino. The presentation today will 7OO City Hallt Anaheimt California - COUNCIL MINUTES - OCTOBER 22~ 1991t 5=00 P.M. illustrate what they are doing and why they believe that E1 Toro is the best place to locate a commercial airport. Mr. Ken Delino, Deputy City Manager, Newport Beach, Executive Director of OCCAA and staff person at SCAG. He gave an extensive presentation which was supplemented by slides. Passenger demand in Orange County in 1987 was 10.9 million expected to grow to 23 million in 2010. John Wayne Airport is constrained by a limit of 8.4 million passengers and all studies agree it can never satisfy the demand. Every agency, group or study indicates it is necessary to create a new airport facility which can serve 30 million people. Since that large a 'footprint' cannot be accommodated in Orange County, they looked at something smaller - an airport that could serve 6 to 12 million passengers. John Wayne and another airport could then satisfy 70 to 75% of the projected demand with the remaining 20 to 25% using LAX and Ontario Airport. Many groups looked at many different sites and it was finally decided there is only one site remaining worthy of further study - the E1 Toro US Marine Corps Air Station site. Mr. Delino then briefed the technical and environmental issues involved specifically noise issues. He briefed present landing and take off patterns at both John Wayne Airport and E1 Toro Airport showing in each no- home zones (no residential development because of noise intrusion) and noise irritation zones. He then superimposed the zones at John Wayne Airport over the E1 Toro site/zones which, if converted to a commercial airport, according to the presentation, would result in no noise impact in the zones illustrated whereas impact now exists. His presentation also covered roadway access, future transit access to the E1 Toro site, the concept of induced development and the fact that because there will be so much growth as a result of buildout of the Irvine Spectrum, the airport will be placing a service next to where people are. Relative to air quality emissions, he explained an airport attracts traffic but does not generate it and that ultimately there will be air quality benefits. At the conclusion of his presentation, Council Members posed questions answered by both Mr. Delino and Mr. Weeda - in terms of County deliberations, they are looking to joining the Regional Airport Authority which is positive. Ail sites have been looked at and specifically Los Alamitos and Camp Pendleton. Ail of the sites were considered and all arguments presented. The committee which Mr. Weeda chairs has many aviation professionals. Their conclusion was, the only possibility left is E1 Toro. Currently, the way the funding is set up, if FAA was broached and asked to study a site, FAA is going to indicate the only site that can be studied is E1 Toro because SCAG has taken the lead in that regard. Relative to other Cities joining, the hope is that they will do so since it is important that there be dialogue on the issues. In the absence of Orange County being a member, OCCAA has requested membership in the Regional Authority. The Regional Authority has invited Orange County on three or four occasions over the years to join but Orange County consistently says no. Council Member Pickler. He referred to a letter received today by the Council from Supervisor Tom Riley in which he referred to the Regional Airport Authority and mentions the request is currently under staff review and will be presented to the Board of Supervisors before the end of the year. 'He will 701 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22, 1991, 5=00 P.M. support joining the authority to ensure Orange County's interests are properly represented.' Mayor Pro Tem Ehrle asked if anyone else wished to speak before going on to the next portion of the workshop. Mr. Bill Mecham, consultant, CRAS (Coalition For a Responsible Airport Solution). There are several communities within the County that have found themselves having to respond to the activities of the OCCAA. He referred to letter of October 18, 1991, just submitted attached to which were a number of resolutions passed in the last 30 days by ten Orange County cities, the only ten he has contacted thus far, and passed unanimously. The resolutions state they are opposed to the OCCAA representing Orange County on any official body. They are directed to the Southern California Regional Airport Authority with the intent of urging that body to reject OCCAA as a representative of Orange County. He thereupon briefed the Council on the reasons for their opposition. They have been told today that OCCAA represents 35% of the County and six cities. Santa Aha has not had a representative at a meeting in the past year which takes away a great deal of the 35%. The group has also been extremely selective on how they have offered membership. OCCAA is an organization that is designed and supported by the City of Newport Beach. They go into their presentations with a three-legged stool - Ken Delino from the City of Newport Beach, Hank Weeda from the City of Yorba Linda and Irv Pickler from the City of Anaheim, and they all bring their impacts. They do not disagree with any of the issues, but do disagree with this body being the body that does it. They support the Board of Supervisors and urge them to join the Southern California Regional Airport Authority. They believe that is what should happen and if any other body, it should be the League of Cities. He is present today to say that the organization has perhaps served a purpose in some ways and forced the Board of Supervisors to join the Southern California Regional Airport Authority. However, they are a negative influence in many ways. If the issue is to be addressed, it should be through a body that can address it, i.e., the Board of Supervisors and if there is to be discussion it should be through the League of Cities. He is here today with Council Member Joe Anderson from the City of San Clemente, Marsha Rudolph from the newly incorporated City of Lake Forest and Dayle Williams, Golden Rain Foundation of Leisure World. Joe Anderson, Mayor Pro Tem, City of San Clemente. Their City was one that passed a resolution requesting that the Southern California Regional Airport Authority not accept the OCCAA as the Orange County Representative on the Authority's Board of Directors. Their community is very concerned that the Authority's position on issues pertaining to the siting of a new regional airport facility is ill-advised and misrepresented. San Clemente had spent approximately $50,000 fighting what was to everybody involved except OCCAA an ill-conceived idea in proposing the Christianetos site behind the City of San Clements as an airport site. They do not feel that OCCAA has demonstrated through their actions the right to represent any of them. He is certain he is speaking for a majority of the Council Members in asking that Anaheim remove itself from OCCAA. 702 City Hall, Anaheimt California - COUNCIL MINUTES - OCTOBER 22t 1991~ 5:00 P.M. Marsha Rudolph, Council Person Elect, newly-formed City of Lake Forest. She has been involved in the airport issue for 3 or 4 years. OCCAA under its prior and under its present name has been an irritant to getting on with the process. The City of Lake Forest would be extremely heavily damaged by any change in the status of E1 Toro Marine Corps Air Station either by Joint use or full commercial use. Ten cities in South Orange County have joined together with the unincorporated organizations of the Saddleback Area Coordinating Council and Leisure World Golden Rain Foundation to state to the Southern California Regional Airport Authority to not recognize OCCAA as representative of Orange County. They have sent copies to the Board of Supervisors asking them to become the representative and if not, the League of Cities. It is their general consensus that there is not a site in Orange County and the best use of their efforts instead of fighting an organization like OCCAA would be to put those efforts into rapid transit and perhaps into an offsite ticketing station that would make access to the current existing airports and those that may be planned for the near future the viable option. Bill Mecham. They do have other items that could be brought forth to technically refute what was presented earlier, but he has asked Mr. Williams to hold back on that today. There are impacts relative to E1 Toro that are not being talked about. Their position is firm - 10 cities, 50 votes; they do not believe OCCAA is the right group at the right time and they are asking for the Council's help. Mayor Pro Tem Ehrle. This is a workshop session for the purpose of information gathering. If the Council would like to bring the issue up at a later date for an official action, the groups will be notified. He thanked everyone for coming and for the presentations made. 173: PRESENTATION - ORANGE COUNTY TRANSPORTATION AUTHORITY: Mr. Brian Pearson, Orange County Transportation Authority (OCTA). He submitted hard copy packets of his presentation entitled, 'Long Range Transit System Plan and Development Strategy - Orange County Transportation Authority, County-wide Rail Study' and briefed the graphs and charts contained therein. A set of recommendations (which he reviewed) was presented to OCTA on September 12, 1991. The Authority authorized them to take the draft plan out for public review which they have been doing for the past several weeks. He then briefed some of the feedback they received from the public as well as the public opinion poll they conducted and briefed the Council on what they are going to be recommending to the Authority on October 28, 1991. They wanted to give the Council an opportunity to look at those recommendations today. He then briefed the Council on the Measure M expenditure plan - how the funds would be allocated, the four top priorities being freeway projects, regional street and road projects, local street and road projects and transit projects with seven sub projects under the transit portion the bulk being committed to rail projects. His presentation covered County-wide rail study goals, conceptual alternatives, alternatives evaluation characteristics, existing rail route productivity, alternatives evaluation results, elements of the master plan recommendations (express bus corridors, commuter rail services, urban rail networks). He also explained a change in one of the recommendations different from the handout material relative to the rail plan on how best to connect to the Los Angeles Metro Rail System. Having completed the community 703 City Hallt Anaheimt California - COUNCIL MINUTES - OCTOBER 22~ 1991, 5=00 P.M. participation and their public opinion poll, there was strong support for rail transit and for developing such a system in Orange County. They expect the Transportation Authority to adopt the plan on Monday, October 28, 1991, that would include the express bus commuter rail and urban rail components and suggest they move ahead on these elements and begin the detailed planning of the initial urban rail lines before making a decision perhaps within 18-months as to where the first line should be constructed and how extensive it should be. Mr. Pearson's presentation was followed by questions by Council Members. At the conclusion of questions, Mayor Pro Tem Ehrle thanked Mr. Pearson for bringing the Council up-to-date on the status of the plan. 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 meet with, and give directions to its Real Property Negotiator concerning possible sale and/or lease of certain property located at and adjacent to 1313 South Harbor Blvd., Anaheim. d. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. 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. g. In re Carter Hawley Hale Stores, Inc., bankrupt, U.S. Bankruptcy Court Trade Claim No. D00000114389. h. Phillips v. City of Anaheim, O.C.S.C. No. 56-91-20. i. To meet with the City's negotiator concerning the proposed lease of certain property from the Community Center Authority located at 800 West Katella Avenue. j. To meet with the City's negotiator concerning the possible sale or acquisition of property located generally at Nohl Ranch Road and 7O4 City Ha11~ Anaheim~ California - COUNCIL MINUTES - OCTOBER 22~ 1991~ 5:00 P.M. Anaheim Hills Road and owned by the City of Anaheim and Tridor Corporation respectively. k. To meet with the City's negotiator concerning possible acquisition of property from the Edison Company located at 1566 South Douglass Road. By general Consent, the Council recessed into Closed Session. (4=20 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=35 p.m.) INVOCATION= Captain Richard House, Salvation Army, gave the invocation. FLAG SALUTE= Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119~ PRESENTATION - EMPLOYEE SERVICE AWARDS= The following employees were recognized and commended by Mayor Hunter and Council Members for their many years of dedicated service to the City of Anaheim and were presented with service awards= 35 YEARS Engineering, Lynda Sprague Fleet Maintenance, John Albright 30 YEARS Fire Department, John Sayer Power Resources, Richard Butryn Electric Field, Bob Franklin *Planning, Jake Petrosino *Water Field, James Showalter 25 YEARS Library, Beatrice North Police, Michael Briley Police, John Cross *Police, Lyman Duckwitz Police, John Larson *Police, Robert Flores *Police, Paul Grugel Fire, David Bergman Fire, Michael Dingillo Fire, Robert Hirst *Fire, James Groover *Fire, Richard Lockwood Engineering, Jerry Moreno Golf, Raymond Reyes Labor Relations, David Hill *Fleet Maintenance, Roger Olsen Utilities Engineering, Tom Slatten water Engineering, Kendall Tilley Electrical Engineering, Armando Sanchez *Parks, Carl Bartchard *Parks, Steven Edwards *Parks, George Kindstrand *Parks, Gerald Moore *Customer Service, Maureen Brock *Power Resources, George Edwards *Electric Field, Keith Law * Unable to be present. 705 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22, 1991r 5=00 P.M. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Special Olympics Day in Anaheim, November 1, 1991 Buckle-up for Life Challenge, November 1991 - November 1992 Madeline Evans, Committee Chairperson accepted the Special Olympics Day proclamation. Council Member Pickler commended Ms. Evans for her long and dedicated efforts in staging the Special Olympics, a very special program. MINUTES: Council Member Pickler moved to approve the minutes of the regular meetings held August 27, and September 24, 1991. Council Member Ehrle seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,872,265.35 for the period ending October 11, 1991, and $5,205,177.22 for the period ending October 18, 1991, 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. (5:48 p.m.) Mayor Hunter reconvened the City Council meeting. (5:51 p.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Hunter, seconded by Council Member Ehrle, 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. 91R-300 through 91R-302, both inclusive, for adoption. Council Member Hunter offered Ordinance No. 5262 and 5263 for adoption and Ordinance No. 5265 and 5266 for first reading. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 91R-300 through 91R-302, both inclusive.) Council Member Hunter moved to waive reading in full of the resolutions. Council Member Ehrle seconded the motion. MOTION CARRIED. 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 Larry W. Thomas, Sr. for property damage sustained purportedly due to actions of the City on or about September 11, 1991. b. Claim submitted by Carl Moseley for property damage sustained purportedly due to actions of the City on or about September 8, 1991. 706 City Hallf Anaheim~ California - COUNCIL MINUTES - OCTOBER 22f 1991~ S=00 P.M. c. Claim submitted by Alan De Wit by Harry H. De Wit for property damage and bodily injury sustained purportedly due to actions of the City on or about June 18, 1991. d. Claim submitted by Robert Roseburrough for property damage sustained purportedly due to actions of the City on or about September 23, 1991. e. Claim submitted by Joseph and Nancy Magliato for indemnity sustained purportedly due to actions of the City on or about October 11, 1989. f. Claim submitted by Debi Gallegly for property damage sustained purportedly due to actions of the City on or about September 13, 1991. g. Claim submitted by Su Casa Apartments, Inc. for property damage sustained purportedly due to actions of the City on or about April 30, 1991. h. Claim submitted by Orlando Clark for bodily injury sustained purportedly due to actions of the City on or about July 12, 1991. i. Claim submitted by Thomas Robert Davis for bodily injury sustained purportedly due to actions of the City on or about September 9, 1991. j. Claim submitted by Joan Woodward for bodily injury sustained purportedly due to actions of the City on or about September 11, 1991. k. Claim submitted by Manual Alvarado Vega for bodily injury sustained purportedly due to actions of the City on or about April 7, 1991. 1. Claim submitted by Jorge Armas for property damage sustained purportedly due to actions of the City on or about July 25, 1991. A2. 105= Receiving and filing minutes of the Public Utilities Board meetings held September 5, 1991, and September 19, 1991. 105= Receiving and filing minutes of the Community Redevelopment Commission meeting held September 25, 1991. 117= Receiving and filing a Summary of Investment Transactions for September, 1991, ae submitted by the City Treasurer. 114= Receiving and filing Resolution No. 91-122, City of Tustin, opposing any form of joint or full commercial use of MCASf E1 Toro. 109= Receiving and filing Resolution No. 7226, City of E1 Monte, calling for the restoration of adequate funding in fiscal year 1991-92 and thereafter for the State Department of Alcohol Beverage Control and urging the Governor and the State Legislature to approve funding for the ABC in order to continue ABC enforcement at least at present levels. A3. 170= Approving the Final Map of Vesting Tract No. 12688 and the Subdivision Agreement with Presley Companies of Southern California. Vesting Tract No. 12688 is located at the west side of Sunset Ridge Road and the south 707 City Hallr Anaheim, California - COUNCIL MINUTES - OCTOBER 22, 1991~ 5:00 P.M. side of the northerly boundary of the Four Corners Pipe Line Company easement, and is further described as Development Area 2 of the Highlands at Anaheim Hills Specific Plan (SP87-1). A4. 170= Approving the Final Map of Vesting Tract No. 12692 and the Subdivision Agreement with Presley Companies of Southern California. Vesting Tract No. 12692 is located at the south side of Canyon Creek Road and the east side of Sunset Ridge Road, and is further described as Development Area 3 of the Highlands at Anaheim Hills Specific Plan (SP87-1). AS. 169= Approving the City's participation with the City of Buena Park, in a street rehabilitation project on La Palma Avenue (300 feet west of Woodland Drive to 360 feet east of Woodland Drive). The cost for Anaheim's share is $7,000. A6. 123= Approving an Agreement with Labelle-Marvin, in an amount not to exceed $40,000 for pavement materials reporting services, and authorizing the Mayor and City Clerk to execute said Agreement. A7. 170= Approving Lot Line Adjustment Plat No. 266. Said Lot Line Adjustment Plat is located at the south side of Oak Street, the north side of Harbor Place, the west side of Anaheim Boulevard and the east side of Lemon Street. A8. 123: RESOLUTION NO. 91R-300: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLEMENT NO. 49 TO LOCAL AGENCY-STATE AGREEMENT NO. 12-5055 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT. (Supplement No. 49 provides for federal aid funding for changeable message signs with traffic information in the commercial recreation area - part of Federal Demonstration Project No. 3.) A9. 149: ORDINANCE NO. 5262 - (ADOPTION): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ON SANDERSON AVENUE. (Removal of a no-parking anytime zone.) Al0. 149: ORDINANCE NO. 5263 - (ADOPTION): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .2470 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ON VIA CORTEZ. All. 160: Accepting the low bid of Southwest Power, Inc., in an amount not to exceed $49,210 for 60,000 feet of 653.9 KCMIL cable, including eight reel deposits, in accordance with Bid #4972. A12. 128= Receiving and filing the Monthly Financial Analysis for one month ended July 31, 1991, as presented by the Director of Finance. A13. 123: Approving the terms and conditions, and authorizing the Mayor to sign an agreement employing Jones Hall Hill & White as bond counsel, in the amount of $73,578 plus out-of-pocket expenses not to exceed $7,500 regarding the sale of certificates of participation for the purpose of refunding the CCA 7O8 City Hallr Anaheimr California - COUNCIL MINUTES - OCTOBER 22r 1991~ 5:00 P.M. Revenue Bonds, Series E, issued in 1988 for the purpose of financing the Convention Center Betterment III expansion. 123: Approving the terms and conditions and authorizing the Mayor to sign an agreement employing Seidler-Fitzgerald Public Finance as financial advisor to the City, in the amount of $35,265 (includes out-of-pocket expenses not to exceed $5,000) regarding this sale of certificates of participation. A14. 123= Approving the terms and conditions, and authorizing the Mayor to sign an agreement employing Jones Hall Hill & White as bond counsel, in the amount of $43,563 plus out-of-pocket expenses not to exceed $5,000 regarding the sale of certificates of participation for the purpose of financing the Convention Center Betterment IV expansion. 123: Approving the terms and conditions and authorizing the Mayor to sign an agreement employing Seidler-Fitzgerald Public Finance as financial advisor to the City, in the amount of $25,000 plus out-of-pocket expenses not to exceed $5,000 regarding this sale of certificates of participation. 124: RESOLUTION NO. 91R-301: A RESOLUTION PROVIDING THAT PAYMENTS MADE BY THE CITY IN CONNECTION WITH THE PROPOSED BETTERMENT IV CONVENTION CENTER EXPANSION PROJECT ARE TO BE MADE IN ANTICIPATION OF REIMBURSEMENT FROM THE PROCEEDS OF A PLANNED LEASE FINANCING WITH CERTIFICATES OF PARTICIPATION TO BE ACCOMPLISHED BY THE COMMUNITY CENTER AUTHORITY AND THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. A15. 158: RESOLUTION NO. 91R-302: 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. Al6. 105: Approving the bylaws and rules of order adopted by the Budget Advisory Commission pursuant to Section 904 of the City Charter. A17. 108: ORDINANCE NO. 5265 - {INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.18.020 OF CHAPTER 4.18 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO EXEMPTIONS FROM ENTERTAINMENT PERMIT REQUIREMENTS. A18. 156: Receiving and filing the Police Department Crime and Clearance Analysis for the month of September, 1991. A19. 125: Approving a Second Amendment to Agreement with Alex ~oods, ko extend the term for a period of three years for parking usage at Anaheim Stadium. A20. 123: Approving a Sixth Amendment to Agreement with OKEH Caterers to extend the term for a period of three years for parking usage at Anaheim Stadium. A21. 123: Approving an Agreement with the North Orange County Community College District to allow the Senior Citizens Performing Groups to receive compensation for performing at the Community College District Forum, and authorizing the Mayor and City Clerk to execute said agreement. 709 City Hallr Anaheimt California - COUNCIL MINUTES - OCTOBER 22t 1991~ 5:00 P.M. A22. 105: ORDINANCE NO. 5266 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 1.04.900 THROUGH 1.04.950, INCLUSIVE, OF CHAPTER 1.04 OF TITLE i OF THE ANAHEIM MUNICIPAL CODE, RELATING TO THE ANAHEIM YOUTH COMMISSION. (Repealing the Anaheim Youth Commission.) Council Member Daly pointed out that the ordinance does not include the elimination of Youth In Government Day which will be held annually as in the past. A23. 000: Approving a partial fee waiver for the Phoenix Soccer Club for their usage of Sunkist Elementary School for the 1991-92 season. A24. 123: Approving the 1992 August Healthcare Services, Inc., Agreement to provide Pre-Admission Review and Utilization Review services as part of the Employee Medical Plan (Options I & II), and authorizing the Human Resources Director to sign all required documents on behalf of the City. A25. 153: Approving the 1992 Health & Welfare plan rates (benefits), and authorizing the Human Resources Director to sign all required renewal documents on behalf of the City. A26. 177: Approving the submission, by the Community Development Department, of the Comprehensive Housing Affordability Strategy to the U.S. Department of Housing and Urban Development (HUD). A27. 123: Approving a Secondary Water Main Reimbursement Agreement with Mr. Frank Joseph Currie to reimburse him for costs in the amount of $28,874.20 from future developments for installation of a water main that benefits a total area of 5.614 acres. A28. 106: Approving $2,762,127 of expenditure appropriations from the prior fiscal year as listed on Schedules I and II, and $2,260,285 of revenue appropriations from the prior fiscal year as listed on Schedule III (FY 1990/91 funds requested for reappropriation to FY 1991/92). A29. 123: Approving a Joint Use Agreement with Southern California Edison Company regarding an existing power line at the Arena site, and authorizing the Mayor and City Clerk to execute said Agreement; approving Quitclaim Deeds from Southern California Edison to the Owner of Record (City) for relocation of the line and undergrounding of the line; authorizing the Mayor and City Clerk to execute the electrical easement in favor of Southern California Edison, and authorizing the payment of $585,175.93 to Southern California Edison. (Council Member Pickler voted no.) A30. 123: Approving an Agreement with UMA Engineering, Inc., in an amount not to exceed $46,230 for the Convention Way Alignment Study. Roll Call Vote on Resolution Nos. 91R-300 through 91R-302: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None 710 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22t 1991, 5:00 P.M. The Mayor declared Resolution Nos. 91R-300 through 91R-302, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance Nos. 5262 and 5263: AYES: NOES= ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS= Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance Nos. 5262 and 5263 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A31. 155: APPOINTMENTS OF REPRESENTATIVES AND ALTERNATES TO PARTICIPATE IN THE FOUR GROWTH MANAGEMENT AREAS: Previously submitted was report dated September 24, 1991, from the Director of Public Works and City Engineer Gary Johnson recommending that the Council appoint one representative and an alternate representative for each of the Four Growth Management Areas in which the City of Anaheim will participate. This matter was continued from the meeting of October 8, 1991, to this date for full Council action. The Four Growth Management Areas (GMA) covered are described in the subject report. The following appointments were determined by Council consensus: GMA $1 - Council Member Pickler - Alternate, Council Member Daly GMA $2 - Council Member Daly - Alternate, Council Member Simpson GMA $3 - Council Member Ehrle - Alternate, Mayor Hunter GMA $4 - Council Member Simpson - Alternate, Council Member Pickler A33. 105: REAPPOINTMENT TO THE PRIVATE INDUSTRY COUNCIL: Reappointing Frank Jacobson to the Anaheim Private Industry Council (PIC) for a four year term, October 17, 1991, to October 18, 1995. MOTION: Council Member Pickler moved that Frank Jacobsen be reappointed to the Anaheim Private Industry Council for the four year term, October 17, 1991 to October 18, 1995. Council Member Daly seconded the motion. MOTION CARRIED. A32/A34/A35/A37. 105: BOARDS AND COMMISSIONS: Community Redevelopment Commission: Appointment to the Community Redevelopment Commission to fill the current vacancy (Bristol, term expiring 6/30/94). Public Utilities Board: Appointments to the Public Utilities Board to fill the unscheduled vacancies (White, term expiring 6/30/95, and Skidmore, term expiring 6/30/95). Vacancy was declared and City Clerk authorized to post notice of unscheduled vacancies at the City Council meeting of September 24, 1991. Senior Citizen Commission: Appointment to the Senior Citizen Commission to fill two unscheduled vacancies (Seymour, Siegmund, both terms expire 6/30/92). 711 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22r 1991r 5=00 P.M. Community Services Board: Appointment to the Community Services Board to fill an unscheduled vacancy. Council Member Ehrle moved that the subject appointments be continued for two weeks since applications are still being submitted and a continuance will give the Council an opportunity to review those. Council Member Daly seconded the motion. MOTION CARRIED. Appointments/Reappointments to the subject boards and commissions will be considered on the November 5, 1991, Council Agenda. A36. 000: 5=00 P.M. HEARING - REVISED PARKING FEES AT ANAHEIM STADIUM= To consider revising the parking fees at Anaheim Stadium. Submitted was report dated October 22, 1991, from the Stadium General Manager, Greg Smith recommending that the Council increase the parking fee for California Angel's Baseball games and all other general events from $4.00 to $5.00 effective immediately. City Attorney Jack White introduced the hearing noting that such a hearing is required when fees are proposed to be revised giving the public an opportunity to speak. Mayor Hunter opened the hearing and asked to hear from anyone who wished to speak to the proposed increase in parking fees at the Anaheim Stadium; there being no response, he closed the hearing. Greg Smith, Stadium General Manager answered questions posed by Council Member Daly. The fee increase was incorporated in the Stadium's fiscal year 1991/92 budget and it is a part of the existing budget and the revenues to be generated are anticipated. The last increase in parking fees was in the 1989 season and, therefore, the Angels have played three seasons under the old fee of $4.00. Prior to 1989, it was $3.00 for five or six years. The Angels are aware of the proposed increase; the lease agreement with the Angels requires their consent, and that consent has been given. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-303) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-303 for adoption, revising the parking fees at Anaheim Stadium. Refer to Resolution Book. RESOLUTION NO. 91R-303: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVISING THE PARKING FEES AT ANAHEIM STADIUM. Roll Call Vote: AYES: NOES= ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None 712 City Ha11~ Anaheim~ California - COUNCIL MINUTES - OCTOBER 22~ 1991~ 5=00 P.M. The Mayor declared Resolution No. 91R-303 duly passed and adopted. A38. 175: CARTER HAWLEY HAL~ BA~q~RUPTCY SETTLEMENT OFFER= Submitted was report dated October 21, 1991, from the Public Utilities General Manager recommending the approval of a settlement offer made by Z/C Subsidiary Corporation to purchase the City of Anaheim's creditor claim in the subject bankruptcy. City Attorney White noted that the item was not on today's printed agenda but needs to be acted upon today because the City received a belated notice regarding the bankruptcy of the Carter Hawley Hale Stores, Inc. relating to an outstanding utility bill (electric, water and sanitation services). A recommendation has been received from the Unsecured Creditors Committee in the bankruptcy court that all unsecured claims be settled for 47% of the face value of the claim. This would net to the City the approximate sum of $80,213.00. It is recommended by his office as well as the Public Utilities General Manager that the City concur with the recommendation of the Unsecured Creditors Committee and accept the proposal from Z/C Subsidiary Corporation to purchase the City's claim for that amount. MOTION: Council Member Hunter moved to approve the October 2, 1991, settlement offer made by Z/C Subsidiary Corporation a holy owned subsidiary of Zel Chilmar Fund LP to purchase the City of Anaheim's creditor claim in the Carter Hawley Hale Stores, Inc. bankruptcy and further that the City Council authorize the Public Utilities General Manager to act on behalf of the City in all future matters related to this bankruptcy. Council Member Daly seconded the motion. MOTION CARRIED. B1. 155= ENVIRONMENTAL IMPACT REPORT NO. 302 (PREVIOUSLY CERTIFIED). DEVELOPMENT AGREEMENT 91-01: OWNER: THE IRVINE COMPANY, P.O. Box 1550, Newport Center Drive, Newport Beach, CA 92658-8904, ATTN: Jay Pierce, Foothill Community Builder. LOCATION: Property is approximately 3,179 acres of unincorporated land located within the County of Orange in the City of Anaheim's sphere-of-influence generally bordered on the north by the'Riverside Freeway (SR-91) and the Gypsum Canyon Road interchange, on the west by The Summit of Anaheim Hills and Sycamore Canyon developments in the City of Anaheim, on the south by unincorporated property within the County of Orange in the City of Orange's sphere-of-influence, and on the east by unincorporated property within the City of Anaheim's sphere-of-influence (the proposed Cypress Canyon Specific Plan development) and further described as the Mountain Park Specific Plan (SP90-4) project area. Request for consideration of a Development Agreement between the City of Anaheim and the Irvine Company to further govern the implementation of the previously-approved Mountain Park Specific Plan (SP90-4). The Mountain Park Specific Plan provides for the development of up to 7,966 residential dwelling units, 179 acres of commercial uses, interim sand and gravel mineral extraction, three elementary schools, a middle school, a high school on-site and off-site (adjacent Weir Canyon and ridge area) open space, and 713 City Hall, Anaheimr California - COUNCIL MINUTES - OCTOBER 22t 1991r 5=00 P.M. governmental uses and public improvements including, but not limited to, streets, sewers, public utilities, transportation facilities, a City maintenance yard and facility, three neighborhood parks, two community parks and a community center. Proposed DEVELOPMENT AGREEMENT 91-01 is within the scope of the previously approved and certified Program Environmental Report No. 302 which adequately describes the activities contemplated by Development Agreement 91-01 for purposes of the California Environmental Quality Act (CEQA). ACTION TAKEN BY THE PLANNING COMMISSION: Development Agreement No. 91-01 APPROVED (PC91-152) (6 yes votes, 1 absent). EIR NO. 302 APPROVED. This item is the subject of a Public Hearing to be held this date. See Item D1 under the Public Hearing portion of the Agenda. B2. 179: CONDITIONAL USE PERMIT NO. 3032 AND NEGATIVE DECLARATION: OWNER: BRYAN CROW, 113 Orange Hill Lane, Anaheim Hills, CA 92807. LOCATION: 23472 Santa Ana Canyon Road. Property is approximately 34 acres located on the south side of Santa Ana Canyon Road and approximately 3,698 feet west of the centerline of Gypsum Canyon Road. Request for an amendment to conditions of approval pertaining to an extension of time. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3032 GRANTED (PC91-153) (6 yes votes, i absent). Approved Negative Declaration. B3. 179: CONDITIONAL USE PERMIT NO. 3381, CATEGORICALLY EXEMPT~ CLASS 1 OWNER: STEWART GREEN AND ASSOCIATES, Attn: Rosalie McCormick, 2180 E. Lincoln Ave., Anaheim, CA 92806. LOCATION: 2134 E. Lincoln Ave. Property is approximately 27.1 acres located at the southeast corner of Lincoln Ave. and State College Blvd. To permit the division of an existing retail unit. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3381 GRANTED (PC91-154) (6 yes votes, i absent). Categorical exemption (Class 1) APPROVED. B4. 179: SRO HOUSING POLICY~ CONDITIONAL USE PERMIT NO. 3449 AND NEGATIVE DECLARATION: OWNER: LING YING PENG et al, 24144 E. Lodge Pole Road, Diamond Bar, CA 91765. AGENT: ENVIROPROP, INC., 121 LINDEN AVE., LONG BEACH, CA 90802 LOCATION: 1360 South Anaheim Blvd. Property is approximately 2.36 acres located on the east side of Anaheim Boulevard approximately 125 feet north of the centerline of Palais Street. To permit a 208-unit single-room-occupancy (SRO) residential hotel. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of the SRO Housing Policy to City Council. 714 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22, 1991, 5=00 P.M. SRO Housing Policy to be considered at a later date to allow environmental assessment. CUP NO. 3449 GRANTED (PC91-155) (6 yes votes, I absent). Approved Negative Declaration. BS. 179= WAIVER OF CODE REQUIREMENTr CONDITIONAL USE PERMIT NO. 3458 AND NEGATIVE DECLARATION= OWNERs JOSEPH DiRUGGIERO and EMANUELA DiRUGGIERO, 22010 S. Wilmington Ave., Ste. 200, Carson, CA 90745 AGENTs KARL and FRANCESKA HONIGMANN, P.O. Box 2352, Anaheim, CA 92814 LOCATION= 2230 West Colchester Drive. Property is approximately 0.85 acre located at the southeast corner of Colchester Drive and Colony Street. To permit the retention and expansion of a cabaret with on-premise sale and consumption of alcoholic beverages with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3458 DENIED (PC91-156) (6 yes votes, i absent). Waiver of code requirement DENIED. Denied Negative Declaration B6. 134= GENERAL PLAN AMENDMENT NO. 323, RECLASSIFICATION NO. 91-92-07, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3463 AND MITIGATED NEGATIVE DECLARATION= OWNERs JEROME MARKS TRUST/SHERRIE ROBERTS MARKS TRUST, 1080 Park Newport, Newport Beach, CA 92660. AGENT= PRS GROUP/PHILLIP SCHWARTZE, 27132-B Paseo Espada, Ste. 27132-B, San Juan Capistrano, CA 92675. LOCATION= 2144 West Lincoln Ave. Property is approximately 6.47 acres located on the south side of Lincoln Avenue and approximately 102 feet west of the centerline of Empire Street. GENERAL PLAN AMENDMENT NO. 323= Petitioner requests an amendment to the Land Use Element of the General Plan redesignating the northerly 1.14 acres of subject property having frontage of Lincoln Avenue (Portion A) and the southwesterly 2.6 acres of subject property (Portion B) from the respective General Commercial and Low Density Residential designations to the Low-Medium Density Residential designation. RECLASSIFICATION NO. 91-92-07= Portion A (3.2 acres) from the PD-C (Parking District-Commercial) Zone to the RM-2400 (Residential, Multiple-Family) or a less intense zone. Portion B (3.27 acres) from the CL (Commercial, Limited) Zone to the RM-2400 (Residential, Multiple-Family) or less intense zone. CONDITIONAL USE PERMIT NO. 3463= To permit a 3-story, 108-unit, condominium complex with waiver of minimum landscaped setback, maximum structural height and maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION= GPA NO. 323 GRANTED (PC91-157) (6 yes votes, I absent). Reclassification No. 91-92-07 GRANTED (PC91-158). Waiver of code requirement GRANTED. 715 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22, 1991. 5:00 P.M. CUP NO. 3463 GRANTED, adding a condition that the existing trees along the south and some along the east be maintained (PC91-159). Approved Mitigated Negative Declaration. The above, General Plan Amendment No. 323, Reclassification No. 91-92-07 and Conditional Use Permit No. 3463 will be the subject of a Public Hearing to be held Tuesday, November 5, 1991. B7. 179: CONDITIONAL USE PERMIT NO. 3457 AND NEGATIVE DECLARATION: OWNER: WOOD BRIDGE VILLAGE, P. O. BOX 348, Anaheim, CA 92815. AGENT: YVES MASQUEFA, 8431 E. Foothill Street, Anaheim, CA 92808. LOCATION: 30 South Anaheim Boulevard. Property is approximately 1.3 acres located at the southeast corner of Lincoln Avenue and Anaheim Boulevard. To permit a semi-enclosed restaurant with on-premise sale and consumption of alcoholic beverages. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3457 GRANTED, subject to the condition that no off-sale of alcoholic beverages shall be permitted (PC91-160) (5 yes votes, 2 absent). Approved Negative Declaration. B8. 179: CONDITIONAL USE PERMIT NO. 3462 AND NEGATIVE DECLARATION: OWNER: WEIR PARTNERS LTD., Attn: Joe Carroll, 10 Corporate Park, ~220, Irvine, CA 92714. LOCATION: 761 South Weir Canyon Road. Property is approximately 11.9 acres located at the southwest corner of Weir Canyon Road and Serrano Avenue. To permit a child day care center. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3462 GRANTED (PC91-161) (6 yes votes, i absent). Approved Negative Declaration. B9. 179: CONDITIONAL USE PERMIT NO. 3459 AND NEGATIVE DECLARATION: Bi0. OWNER: WILLIAM and MELINDA PATTON, 1472 Galaxy Drive, Newport Beach, CA 92660. AGENT: PACIFIC NEWPORT PROPERTIES INC., Attn: Marshall Wilkinson, 17842 Mitchell North, Ste. 100, Irvine, CA 92714. LOCATION: 2382 East Oranqethorpe Ave. Property is approximately 4.10 acres located at the southwest corner of Orangethorpe Avenue and Placentia Avenue. To permit a motorcycle repair shop with parts sales. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3459 GRANTED, applicant to sell new parts only (PC91-162) (6 yes votes, i absent). Approved Negative Declaration. 179: CONDITIONAL USE PERMIT NO. 3082 AND NEGATIVE DECLARATION: OWNER: AGENT: JACK and JUDITH MARDEL, 1301 Ridgeview, Fullerton, CA 92631 TIMOTHY THI, 1681 W. Broadway, Anaheim, CA 92802 716 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22f 1991~ 5:00 P.M. LOCATION: 1681 West Broadway. Property is approximately 0.4 acre located on the north side of Broadway and approximately 205 feet east of the centerline of Euclid Street. Amendment to conditions of approval of Resolution No. PC 88-302 pertaining to a 3-year time limitation of an existing church and a one-year retroactive extension of time to comply with conditions of approval. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3082 GRANTED, for four years, to expire 10/24/95 (PC91-163) (6 yes votes, I absent). Retroactive time extension APPROVED for 90 days (retroactive to 10/24/90) to expire 1/24/92. Approved Negative Declaration. End of the Planning Commission Items. Bll. 151: PROPOSED CODE AMENDMENT PERTAINING TO FENCESf WALLS & HEDGES IN FRONT YARDS AND HEIGHTS OF ACCESSORY BUILDINGS IN SINGLE-FAMILY ZONE REAR AND SIDE YARDS= ORDINANCE NO. 5267 - INTRODUCTION: Amending Section 18.04.043.101 and adding Section 18.04.043.103 of Chapter 18.04 of Title 18 of the Anaheim Municipal code relating to permitted encroachments into required yards - general. Council Member Hunter offered Ordinance No. 5267 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5267: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.04.043.101 AND ADDING SECTION 18.04.043.103 OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PERMITTED ENCROACHMENTS INTO REQUIRED YARDS-GENERAL. Jeff Kirsch, 2661 W. Palais Road, Anaheim. It was his opinion that in some respects the proposed ordinance would be taking away property rights of homeowners from several aspects which he explained. He concluded that the Council should let the homeowners mitigate the consequences of growth by not imposing the additional restrictions since Code Enforcement measures currently in place can be adequately enforced to do the same. End of the Planning Commission Items. B12. 179: ORDINANCE NO. 5264 FOR ADOPTION: Amending Title 18 to rezone property under Reclassification No. 90-91-08, located at 1129 North Lemon Street, from the RM-1200 zone to the CL zone. (Introduced at the meeting of October 22, 1991, Item BB.) WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5264) Council Member Hunter moved to waive the reading in full of the ordinance. Council Member Pickler seconded the motion. MOTION CARRIED. 717 City Hallt Anaheim, California - COUNCIL MINUTES - OCTOBER 22, 1991t 5:00 P.M. Council Member Pickler offered Ordinance No. 5264 for adoption, amending Title 18 to rezone property under Reclassification No. 90-91-08, located at 1129 North Lemon Street, from the RM-1200 zone to the CL zone. ORDINANCE NO. 5264: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance No. 5264 duly passed and adopted. B13. 179: ORDINANCE NOS. 5268 AND 5269 FOR INTRODUCTION: Council Member Ehrle offered Ordinance No. 5268 for first reading, amending Section 18.94.032.011 of Chapter 18.94 of Title 18 of the Anaheim Municipal Code relating to elevators in senior apartment projects. (Report and Recommendation item from the Planning Commission meeting of September 11, 1991.) and offered Ordinance No. 5269 for first reading, amending Section 18.96.040 of Chapter 18.96 of Title 18 of the Anaheim Municipal Code relating to required elevators in deck-type housing apartment developments. Refer to Ordinance Book. ORDINANCE NO. 5268: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.94.032.011 OF CHAPTER 18.94 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ELEVATORS IN SENIOR APARTMENT PROJECTS. ORDINANCE NO. 5269: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.96.040 OF CHAPTER 18.96 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REQUIRED ELEVATORS IN DECK-TYPE HOUSING APARTMENTS DEVELOPMENTS. B14. 179: ORDINANCE NO. 5270 - (INTRODUCTION): Amending Title 18 to rezone property under Reclassification No. 90-91-02, located on the east side of Anaheim Hills Road, approximately 1,560 feet south of the centerline of Santa Ana Canyon Road, from the RM-3000(SC) zone to the RS-HS-22,000(SC) zone. Council Member Pickler offered Ordinance No. 5270 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5270: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. B15 · 179: REQUEST FOR EXTENSION OF TIME ON VARIANCE NO. 4111: A request for extension of time was submitted by David Larsen, DFL Investments, Nutwood Apartments, 2907 Baker Street, Costa Mesa, CA 92626, under Variance No. 4111 for property located at 1668 South Nutwood Street. The petitioner is requesting an extension, retroactive to August 7, 1991, and to expire February 7, 1992, to comply with the conditions of approval. The variance is for a waiver of minimum structural 718 City Hall~ Anaheimr California - COUNCIL MINUTES - OCTOBER 22~ 1991~ 5:00 P.M. setback, minimum number of parking spaces, minimum floor area per dwelling unit, to retain two illegally constructed apartments units. Submitted was reported dated October 8, 1991, from the Zoning Administrator, Annika Santalahti recommending that the request be approved as requested granting the time extension retroactive to August 7, 1991, to expire February 7, 1992. MOTION= Council Member Pickler moved to approve the extension of time to Variance No. 4111 as requested retroactive to August 7, 1991, to expire February 7, 1992. Council Member Ehrle seconded the motion. Council Member Daly voted no since he had voted no on the original variance request. MOTION CARRIED. B16. 179: REQUEST FOR EXTENSION OF TIME ON CONDITIONAL USE PERMIT NO. 3297= A request for an extension of time was submitted by Massoud Monshizadeh, 1524 Victoria Way, Placentia, CA 92670, under Conditional Use Permit No. 3297 for property located at 935 South Gilbert Street. The petitioner is requesting an extension retroactive to September 18, 1991, to expire on September 18, 1992, to comply with conditions of approval. The Conditional Use Permit is to permit an 85-unit 'affordable' senior citizens apartment complex with various waivers. Submitted was report dated October 7, 1991, from the Zoning Administrator, Annika Santalahti recommending approval of the requested time extension retroactive to September 18, 1991, to expire September 18, 1992. MOTION: Council Member Hunter moved to approve the requested extension of time retroactive to September 18, 1991, to expire September 18, 1992. Council Member Ehrle seconded the motion. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: Janet Jones, Save Our Services Coalition. She spoke against the action of the Southern California Gas Company to close payment offices. Their coalition is dedicated to the goal of maintaining free Gas Company, Utility services. The Gas Company has always provided payment offices where bills can be paid, explanations of bills given, problems reported and where customers can request service calls to their homes. Reduction in services or charges for those services would have a negative impact on customers but particularly on low income, those with disabilities, the elderly and minority communities. She asked that the Council consider a resolution in support of the complaint to the Public Utilities Commission against fee for service and the closure of payment offices. She submitted a package of material to the Council containing a general information sheet, a copy (first page only) of the complaint before the CUP from various individuals and groups vs. Southern California Gas Company as well as copies of recent articles on the issue, petitions, resolutions, etc. Council Member Daly asked that the Utilities Department staff review the submitted material and subsequently submit a brief analysis and recommendation to the Council. 719 City Hallt Anaheimt California - COUNCIL MINUTES - OCTOBER 22, 1991, 5=00 P.M. Tom Ferruzzo, representing Mr. & Mrs. Yun who own the Quality Inn and Quincy's Restaurant on Brookhurst Street, the restaurant being part of the facility. With respect to the issuance of a liquor license, the restaurant, Quincy's, and the licensees qualify in every respect except for the fact that under the B and P code and the liquor regulations, the department can deny an application if the issuance of the license tends to create a law enforcement problem or is in an area of undo concentration of licenses unless the applicant shows there is a public convenience or necessity. The Alcoholic Beverage Commission (ABC) investigator indicated to him that the property and applicant qualifies but the Anaheim City Council has requested that this particular regulation be enforced and that a license would not be issued because it is an area where crime is high. However, if the City Council had no objection to a license being issued, it would go a long way with respect to ABC granting the license. Quincy's had a license for a long period but the owners evicted the operator because of non-payment of rent. He reiterated the investigator indicated as long as issuance of a license would not go against Council's wishes and the Police Department had no objection, in all probability they would get the license. City Attorney White, answering Council Member Pickler, stated that he has no personal knowledge of the issue and would like to know whether Mr. Ferruzzo or his client has contacted the various City departments involved and perhaps the Council would want a report from both the Planning Department and the Police Department. Normally ABC, as a matter of course, sends requests for liquor licenses to the City for review by both Planning and Police. He suggested if the Council would want to have staff look into the matter and report back and if there is no problem, so inform the ABC but if there is it would be up to the Council if they wanted to continue with the objection. Mr. Ferruzzo confirmed that the license had not been denied but is still in process. The investigator suggested that he come before the Council before they made a decision on the license. Mayor Hunter stated that the Council will get a report back. Doug Gibson, Peregrine Street, Anaheim. He first passed out red ribbons and buttons to the Council in support of the Red Ribbon Week anti-drug campaign and thanked the Council and staff for their support in the endeavor. He then urged that the Council act on appointments to the Senior Citizen Commission and also the reappointment of Frank Jacobson to the Private Industry Council. (Earlier in the meeting the Council continued appointments to Boards and Commissions to November 5, 1991. They did, however, reappoint Mr. Jacobson to the Private Industry Council at the urging of Mr. Gibson to take action this evening.) 720 City Hall, Anaheimr California - COUNCIL MINUTES - OCTOBER 22r 1991~ 5200 P.M. Mayor Pro Tem Ehrle. He has received several phone calls from bikers that the asphalt on the bicycle trail in the vicinity of La Palma Avenue east of Imperial to Weir Canyon stops and starts and is in need of improvements. He asked staff to look at the possibility of improving that small portion of the bike trail with 3 or 4 feet of asphalt if there is no great cost to the City. City Manager Ruth stated he would have staff look into the matter. D1. 155= PUBLIC REARING - ENVIRONMENTAL IMPACT REPORT NO. 302 {PREVIOUSLY CERTIFIED)~ DEVELOPMENT AGREEMENT 91-01= OWNERs THE IRVINE COMPANY, P.O. Box 1550, Newport Center Drive, New~ort Beach, CA 92658-8904, ATTN= Jay Pierce, Foothill Community Builder. LOCATION: Property is approximately 3,179 acres of unincorporated land located within the County of Orange in the City of Anaheim's sphere-of-influence generally bordered on the north by the Riverside Freeway (SR-91) and the Gypsum Canyon Road interchange, on the west bu The Summit of Anaheim Hills and Sycamore Canyon developments in the City of Anaheim, on the south by unincorporated property within the County of Orange in the Ciyt of Orange's sphere-of-influence, and on the east by unincorporated property within the City of Anaheim's sphere-of-influence (the proposed Cypress Canyon Specific Plan development) and further described as the Mountain Park Specific Plan (SP90-4) project area. REQUEST= The request is for consideration of a Development Agreement between the City of Anaheim and the Irvine Company to further govern the implementation of the previously-approved Mountain Park Specific Plan (SP90-4). The Mountain Park Specific Plan provides for the development of up to 7,966 residential dwelling units, 179 acres of commercial uses, interim sand and gravel mineral extraction, three elementary schools, a middle school, a high school on-site and off-site (adjacent Weir Canyon and ridge area) open space, and governmental uses and public improvements including, but not limited to, streets, sewers, public utilities, transportation facilities, a City maintenance yard and facility, three neighborhood parks, two community parks and a community center. Proposed Development Agreement 91-01 is within the scope of the previously approved and certified Program Envlronmental Report No. 302 which adequately describes the activities contemplated by Development Agreement 91-01 for purposes of the California Environmental Quality Act (CEQA). ACTION TAKEN BY THE PLANNING COMMISSION: Development Agreement No. 91-01 APPROVED (PC91-152) (6 yes votes, 1 absent). EIR NO. 302 APPROVED. Informational item on today's agenda, see item B1. 721 City Hallt Anaheimt California - COUNCIL MINUTES - OCTOBER 22t 1991~ 5=00 P.M. This is an informational item on today's agenda (see item B1). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - October 11, 1991 Mailing to property owners within 300 feet - October 9, 1991 Posting of property - October 11, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 7, 1991. Tom Wood, Deputy City Manager. He briefed the purpose of the public hearing noting that the Development Agreement will further govern the implementation of the previously approved Mountain Park Specific Plan. He then reported that staff is recommending several additional amendments which have been incorporated into the draft received by the Council on Friday, as well as minor clean-up items which were received by the Council in memorandum dated October 21, 1991. The Irvine Company is in agreement with all recommended amendments. The agreement contains provisions over and above the obligations contained in the Specific Plan and which enhanced and enumerate the provision of public facilities, improvements, services and fees and payment therefor. The agreement is the product of extensive negotiations between members of City staff and the Irvine Company. Staff is recommending two actions - by motion that the Council determine that the EIR 302 previously certified by the Council on August 27, 1991, for the project is adequate to serve as the required environmental documentation for this agreement and that the agreement be approved and entered into by the City with the Irvine Company. A second motion is to request the Irvine Company to amend their petition for annexation to exclude the wild land areas, consistent with discussion with the Irvine Company, and to accomplish the mutual desire to limit the City's fire safety exposure. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak. Connie Spenger, President, Friends of Tecate Cypress, 1318 E. Glenwood, Fullerton. She read from a prepared statement dated October 22, 1991, which was then submitted to the Council for the record. The statement outlined four reasons why the Friends of Tecate Cypress object to the adoption of Development Agreement 91-01 (see pages 1 and 2 of the statement - made a part of the record). Jeff Kirsch, 2661 W. Palais Road, Anaheim. Relative to the new public facilities, he asked what additional obligations this would have on the City General Funds or other funds, or if those are covered by Mello-Roos or other assessments or developer fees. Tom Wood. The operation and maintenance is covered by a financing agreement which says the project will put no additional burden on the City's finances. It will be revenue and expense neutral. Secondly, the construction of the improvements may be done via a financing agreement, but that has not been agreed to by the parties, but they have agreed to work together in that regard. 722 City Hallr Anaheimr California - COUNCIL MINUTES - OCTOBER 22t 1991~ 5=00 P.M. Jay Pierce, Irvine Company/Foothill Community Builders. They are in complete agreement with what is before the Council this evening. He is present to do two things, encourage the Council strongly to approve the development agreement and secondly to help answer any questions. Mayor Hunter asked if anybody else wished to speak. Gordon Ruser, 1221 S. Sycamore, Santa Ana. Representing the Sierra Club Angelus Chapter. He first read excerpts from the Planning Commission meeting of October 7, 1991. He expressed concerns relative to the fact that the term "wild area' is not defined in the proposed Mountain Park Development Agreement No. 91-01 and in addition definitions of wild land areas are not found in the Mountain Park EIR, conditions of approval, habitat enhancement conditions or phased dedication programs. More than 90% of the Gypsum Canyon Water Shed at the present time may be described as wild lands and the City Council should take the recommendations of the Planning Commission that 90% of Gypsum Canyon be excluded from annexation to the City of Anaheim. At the September 1991, Sierra Club Executive Committee meeting, the Committee approved legal and financial assistance be given to the Friends of Tecate Cypress Lawsuit that challenges the adequacy of Mountain Park EIR 302 and what, in his opinion, is the improper certification of General Plan Amendment No. 318. At the August 27, 1991, Moutain Park hearing, he advised the City Council that the Angelus Chapter is opposed to development in Gypsum Canyon. Ne addressed other issues and areas of concern not directly related to the area covered by the development agreement to point out, from his view point, how little they could expect from the City of Anaheim if Weir Canyon would be dedicated to the City of Anaheim. He is speaking on behalf of the Sierra Club in regard to its desire that all of Weir Canyon be set aside as a regional park operated by the County of Orange. He would hope that the County would set the Canyon aside for a regional park and before the City approves any development agreement that it designate that the County of Orange be the recipient of the remaining acreage within the Weir Canyon water shed that could be used for a regional park. That is his point. COUNCIL ACTION: There being no further persons who wished to speak, Mayor Hunter closed the public hearing. city Attorney White. There are three con~nents to be included in the record in response to some comments made by the speakers. As the City Council is aware, tonight's decision is not related to approving the project. The Council has already approved both the EIR and the project itself when the Council approved specific Plan No. 91-4. There is litigation currently pending relating to the EIR but, in his opinion, that litigation does not preclude the Council from acting on the development agreement. There were comments made regarding the legality of the development agreement. Development agreements are used throughout California pursuant to State statute. To the best of his knowledge, there has not been a reported apellate case in California that has held development agreements to be unconstitutional as an abridgment of the police power of the City. On that basis, staff is recommending that the Council introduce the ordinance that would approve the development agreement and adopt the ordinance at the next scheduled Council meeting. 723 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22, 1991~ 5~00 P.M. council Member Daly. He asked relative to the Planning Commission recommendation that would adjust the annexation affecting some of the wild lands for fire prevention purposes, how many acres would be removed from the annexation to Anaheim as a result of that change. Joel Fick, Planning Director. As the Council may recall from the specific plan, there were very significant open space areas in the Mountain Park Specific Plan. There were 1,428 acres of open space preserved on site on the property which included the Tecate Cypress Eco System and offsite there was preservation also of 1,414 acres in Weir Canyon and 82 acres on Windy Ridge. The Planning Commission made a recoa~nendation to the Council that the City recommend to the applicant that the application be amended to include primarily those open space areas adjacent to the Koll Canyon property and incorporating the Tecate Cypress Eco System which was clearly the intent. The Irvine Company by letter dated October 18, 1991, submitted a letter and exhibit to the Local Agency Formation Commission that excluded the area adjacent to what would be the Hahn property area that includes the Tecate Cypress preserved which has been acquired by the State of California. Council Member Daly. Of the 3,100 acres, he asked how much that represented - how much acreage is affected by the adjustment in the annexation request. Joel Fick. The original specific plan covered 3,179 acres. The amended boundary of the proposed annexation is 2,339. ENVIRONMENTAL IMPACT REPORT NO. 302~ Council Member Pickler moved that the City Council does hereby find that Environmental Impact Report No. 302 has been previously certified by the City Council on July 23, 1991, in conjunction with General Plan Amendment No. 318 and that environmental impacts and mitigation measures associated with the Mountain Park Specific Plan Project were addressed through the certification process and that no additional impacts would result from the approval or execution of this development agreement and is therefore adequate to serve as the required environmental documentation. Council Member Ehrle seconded the motion. MOTION CARRIED. City Attorney Jack White asked if the action included the fact that the Council is incorporating by reference the findings set forth as items 1 through 6 in paragraph 8 of the proposed ordinance adopting the development agreement; Council Member Pickler confirmed that was included. Council Member Pickler offered Ordinance No. 5271 for first reading, approving the Development Agreement No. 91-01 for the Mountain Park Specific Plan, SP90-4. Refer to Ordinance Book. ORDINANCE NO. 5271: AN ORDINANCE OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 91-01 BY AND BETWEEN THE CITY OF ANAHEIM AND THE IRVINE COMPANY, A MICHIGAN CORPORATION, DOING BUSINESS AS FOOTHILL COMMUNITY BUILDERS, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DEVELOPMENT AGREEMENT FOR AND ON BEHALF OF THE CITY. 724 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 22, 1991, 5:00 P.M. RECESS - CLOSED SESSION: Council Member Pickler moved to recess into Closed Session, Council Member Hunter seconded the motion. MOTION CARRIED. (6:59 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (8=15 p.m.). ADJOURNMENT: By general consent the Council adjourned to their next scheduled meeting to be held November 5, 1991. (8:16 p.m.) LEONORA N. SOHL, CITY CLERK 725