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1990/01/02City Hall, Anaheim, California - COUNCIL MINUTES January 2, 1990, 5:30 P.M~ The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY' ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING MANAGER: Annika Santalahti PLANNING DIRECTOR: Joel Fick ASSISTANT PLANNER: Jonathan Borrego A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:10 p.m. on December 29, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION; City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Company vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. 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 - Government Code Section 54957.6. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. AFTER RECE~; The Mayor called the meting to order, all Council Members bein§ present, and welcomed those in attendance to the Council meeting. (5:41 p.m.) IN%lOCATION: Mary Htbbard, Anaheim United Methodist Church, gave the invocation. FL~G SALUTE; Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance. 119; DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the Anaheim City Council and presented to Captain Huttonlocker of the Salvation Army for conducting the yearly shopping event City Hall, Anaheim, California COUNCIL MINUTES - January 2, 1990, 5:30 P.M. for underprivileged children, this year involving 121 children age 5 through 12. Mayor Pro Tem Pickler presented the Declaration to Captain Huttonlocker and thanked him on behalf of the Council and the City for conducting this event in which (Pickler) had also participated. It is very special and brings much joy to these needy children. 119; DECLARATION OF APPRECIATION; A Declaration of Appreciation was unanimously adopted and ratified by the City Council expressing sincere appreciation to Mary Ann Elson for her many years of dedicated service to the citizens of Anaheim and wishing her a happy retirement after 22 years with the Anaheim Police Department. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held December 5, 1989 and the Adjourned Regular Meeting of December 15, 1989. Councilman Ehrle seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,387,804.69 for the week ending December 15, 1989; $8,435,262.09 for the week ending December 22, 1989 and $1,764,620.00 for the week ending December 29, 1989, in accordance with the 1989-90 Budget, were approved. CONSENT CALENDAR ITEMS A1 A23; The items listed on the Consent Calendar will be acted upon by one roll call vote unless Members of the City Council, Staff, or the Public request the item to be discussed and/or removed from the Consent Calendar for separate action. 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 Martin Villa Gutierrez for bodily injury sustained purportedly due to actions of the City on or about April 28, 1989. b. Claim submitted by Armand Bilodeau for property damage sustained purportedly due to actions of the City on or about May through October, 1989. ¢. Claim submitted by Yensan Wang for property damage sustained purportedly due to actions of the City on or about October 31, 1989. d. Claim submitted by S. Blankenship, Blankenship Insurance Agency, for property damage sustained purportedly due to actions of the City on or about November 1, 1988 through November 1, 1989. e. Claim submitted by John Luckett for injury to person sustained purportedly due to actions of the City on or about May 5, 1989 through November 9, 1989. City Hall, Anaheim, California COUNCIL MINUTES January 2, 1990, 5:30 P.M. f. Claim submitted by Topala Ion for property damage sustained purportedly due to actions of the City on or about November 6, 1989. g~ Claim submitted by Robert Allen Loopeskoo for bodily injury sustained purportedly due to actions of the City on or about July 4, 1989. h. Claim submitted by Sammy Mattingly, Melissa Mattingly, Rhea Thomas, Raleigh Tyrone Thomas and Ramiah W. Thomas for property damage and bodily injuries sustained purportedly due to actions of the City on or about August 8, 1989. i. Claim submitted by Pamela Yates for property damage sustained purportedly due to actions of the City on or about September 24, 1989. j. Claim submitted by Mary Nacey for property damage sustained purportedly due to actions of the City on or about October 23, 1989. k. Claim submitted by George Ayala for property damage sustained purportedly due to actions of the City on or about October 14, 1989. 1. Claim submitted by Celia Barajas, a minor, by and through her Guardian ad Litem, Celia Barajas, for bodily injury sustained purportedly due to actions of the City on or about September 12, 1989. m. Claim submitted by Sergio Jimenez for property damage sustained purportedly due to actions of the City on or about November 12, 1989. n. Claim submitted by Pacific Bell for property damage sustained purportedly due to actions of the City on or about August 24, 1989. o. Claim submitted by Doloris H. Rendel for bodily injury sustained purportedly due to actions of the City on or about August 23, 1989. p. Claim submitted by Matthew Frahm for bodily injury sustained purportedly due to actions of the City on or about July 16, 1989. q. Claim submitted by Michael A. Gabehart for bodily injury sustained purportedly due to actions of the City on or about August 26, 1989. r. Claim submitted by Franklin E. Moore for bodily injury sustained purportedly due to actions of the City on or about September 10, 1989. s. Claim submitted by Thomas H. Losse, Jr. for property damage sustained purportedly due to actions of the City on or about July 26, 1989. t. Claim submitted by Thinh Nguyen for property damage sustained purportedly due to actions of the City on or about October 29, 1989. Application for Leave to Present Late Claim - Denied a. Claim submitted by Shawn Robert Edson by and through his Guardian City Hall, Anaheim, California - COUNCIL MINUTES January 2, 1990, 5:30 P.M. ad Litem, Debra Lynn Edson, for wrongful death sustained purportedly due to actions of the City on or about february 2, 1989. A2. 105: Receiving and filing corrected minutes of the Anaheim Parks, Recreation and Community Services Department meeting held September 23, 1989. 105: Receiving and filing minutes of the Golf Course Advisory Commission meeting held October 25, 1989. 105: Receiving and filing minutes of the Anaheim Parks, Recreation and Community Services Department meeting held October 25, 1989. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held November 9, 1989. 105: Receiving and filing minutes of the Community Services Board meeting held November 9, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held November 29, 1989. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of November, 1989. 107: Receiving and filing the Statistical Report Summary ending November 30, 1989, from the Building Division. 173: Receiving and filing Notice of Application filed with the Public Utilities Commission, to seek authority for L.A. Top Shuttle, Inc., to acquire, and Mahmoud Aram and Entezamoldin Nazemazedeh, dba Los Angeles Top Shuttle, to transfer Passenger Stage Certificate Number PSC-4948 and certain other assets, pursuant to Section 851 et. seq, of the California Public Utilities Code. A3. 160: Accepting the low bid of Wesco Supply Company, in the amount of $106,611.62 for two each 150 KVA transformers, ten each 225 KVA 120 volt transformers, and five each 225 KVA 120 volt transformers, in accordance with bid ~746. A4. 160: Accepting the bid of Guaranty Chevrolet, Inc., in the amount of $43,450.18 for ~hree Chevrolet S-10 Blazers, in accordance with bid #4761. AS. 160: Accepting the low bid of Westrux International, in the amount of $157,620.53 for one truck-mounted 16-yard sewer and catch basin cleaner, in accordance with bid #4772. A6. 153: Approving an increase in the mileage reimbursement rate from 24¢ to 25.5¢ per mile to match the increase approved by the Internal Revenue Service in November, 1989, effective 1-2-90. A7, 156; RESOLUTION NO, 9OR-1 DECLARING CERTAIN MUNICIPAL PROPERTY (WORN OR OBSOLETE POLICE UNIFORMS AND EQUIPMENT) AS NO LONGER NEEDED FOR PUBLIC USE, 4 City Hall, Anaheim, California - COUNCIL MINUTES - January 2, 1990, 5:30 P.M. AND AND AUTHORIZING THE CHIEF OF POLICE TO DESIGNATE RECIPIENTS OF THE PROPERTY AND THE TRANSFER OF SAME. AS. 113/175:. RESOLUTION NO, 90R-2 AUTHORIZING THE DESTRUCTION, BY ERASURE OR OTHERWISE OF RECORDED TELEPHONE AND RADIO COMMUNICATIONS (MAGNASYNC VOICE RECORDING TAPES #84 - #296 DATED APRIL 1 TO OCTOBER 31, 1988) MAINTAINED BY THE UTILITIES DEPARTMENT, SYSTEMS OPERATIONS DIVISION, WHICH ARE MORE THAN 100 DAYS OLD. A9. 158: RESOLUTION NO. 90R-3 ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. Al0. 000/135: RESOLUTION NO. 90R-4 AMENDING RESOLUTION NO. 89R-253, NUNC PRO TUNC, TO CORRECT GREEN FEES AND CART RENTAL FEES AT H. G. "DAD" MILLER GOLF COURSE, EFFECTIVE 1-1-90. All. 153: RESOLUTION NO. 90R-5 APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM FIRE FIGHTERS ASSOCIATION AND THE CITY OF ANAHEIM IMPLEMENTING A TRIAL EMPLOYEE PSYCHOLOGICAL AND SUBSTANCE ABUSE PROGRAM. Al2. 152/156: Authorizing the transfer of ownership of retired police canine "Erro" to his former handler, Officer William Bird. Officer Lebahn gave a brief background on retiree "Erro" Al3. 152/156: Authorizing the transfer of ownership of retired Police canine "Dido" to his former handler, Officer Robert Lay. Officer Lebahn gave a brief background on retiree "Dido". Al4. 156/123: Authorizing an escrow agreement with The Whiting Turner Construction Company which provides for acceptance of security deposits in lieu of withholding retention from progress payments in connection with construction of the Police 2000 Project. Al5. 169: Approving a Notice of Completion of construction of Ball Road West of Harbor Street Improvements by Griffith Company and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. Al6. 164: A~roving a Notice of Completion of construction of Lincoln Avenue Storm Drain I~rovement by Steve Bubalo Construction Company, and authorizing the Mayor to si~n and the City Clerk to file said Notice of Completion. Al7. 123: Authorizing a renewal lease agreement with Nathan Rubaloff, DBA Narc's Palms, for 3.0 acres of City-owned property located on the west side of Ninth Street, approximately 134 feet north of Laster Street for a period of five years, with three additional one year terms, and approving a categorical exemption (Class 5) from requirement to file an environmental impact report in connection with this agreement. 5 City Hall, Anaheim, California - COUNCIL MINUTES - January 2, 1990, 5:30 P.M. Al8. 169: Awarding a contract to the lowest and best responsible bidder, Sully Miller Contracting Company, in the amount of $25,684.75 for Manchester Avenue Street Improvements, Broadway to Santa Ana Street. Al9. 123: Waiving Council Policy No. 306 and authorizing the Data Processing Director to enter into a purchase agreement with Hitachi Data Systems in the amount of $99,506 for a cartridge tape subsystem and further authorizing the execution of other related documents as required. 123: Authorizing the Data Processing Director to enter into an agreement with Hitachi Data Systems for 60-months maintenance on the cartridge tape subsystem in the amount of $51,300. A20. 175.123: Approving an agreement with Gordon W. Hoyt for specialized consulting services in the area of public utilities litigation and authorizing the Mayor to sign the agreement. A21. 169: Approving Change Order No. 1 to the Ball Road East of Harbor Boulevard Street Improvements adding $51,637.54, to the original contract. (Griffith Company, Contractor) A22. 170: Approving Final Map Tract No. 13916, as recommended by the City Engineer. Tract No. 13916 is located near the southwest corner of North and East Streets, contains 1.28 acres divided into one lot, 18-unit air space condominium in the RM-3000 zone. Developer is Durfee Gardens Ltd., engineering by Technological Engineering Corp. of Pico Rivera. A23. 123: Approving an agreement for purchase and sale of property with Rodriguez, Jones and Company Investment Group for purchase of three parcels located adjacent to Little Peoples Park. 123: Approving and authorizing the Mayor and City Clerk to execute the promissory note in the amount of $228,439. 158: Authorizing the Mayor and City Clerk to execute a deed of trust (during escrow) securing the promissory note. 106: Approprtat.in~ $480,000 from the 16 Fund Balance and authorizing the purchase of, and payments for the property, in that amount. 106: Authorizing the Real Property Section to open escrow according to the terms of the agreement. 106: Authorizing the Senior Real Property Agent of the City to execute the escrow instructions and related documents. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-1 through 90R-5, both inclusive.) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. 6 City Hall, Anaheim, California COUNCIL MINUTES January 2, 1990, 5:30 P.M. MOTION; Councilman Pickler offered Resolution Nos. 9OR-1 through 90R-5, both inclusive, for adoption. Refer to Resolution Book. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-1 through 90R-5, both inclusive, duly passed and adopted. Ail motions on the Consent Calendar were approved. END OF CONSENT CALENDAR. A24, 129: SELECTION OF REPRESENTATIVE AND ALTERNATE TO THE HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY: Selecting one City Council Member to act as Anaheim's representative to the J.P.A. Board (Orange County-City Hazardous Material Emergency Response Authority), and an alternate representative. This matter was discussed at the meeting of December 12, 1989, when the Council approved an amendment to the Hazardous Materials Joint Exercise of Powers Agreement. Selection of a representative was continued to this date. Councilman Pickler nominated Councilman Tom Daly to be the City's representative on the Hazardous Material Emergency Response Authority; Councilwoman Kaywood seconded the nomination. There were no additional nominations; therefore, Councilman Daly was unanimously appointed as alternate to the J.P.A. Board. Councilwoman Kaywood noted that the alternate was Fire Chief, Jeff Bowman. A25, 105; RATIFICATION - APPOINTMENT OF REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION FROM THE ANAHEIM UNION HIGH SCHOOL DISTRICT (AUHSD): Submitted was letter dated December 7, 1989 from the AUHSD, reporting that the District Board of Trustees at the December 4, 1989 meeting, appointed Mrs. Joanne Barnett as their representative to the Parks and Recreation Commission. MOTION: Councilwoman Kaywood moved to ratify the appointment of Joanne Barnett as the AUHSD's Board of Trustees Representative to the Parks and Recreation Commission. Councilman Hunter seconded the motion. MOTION CARRIED. A26. 105/175: REQUEST FOR JOINT MEETING TO DISCUSS UNDERGROUNDING OF OVERHEAD UTILITIES: Request from the Planning Commission at their meeting of December 4, 1989, for a joint meeting to be held with the City Council, City Planning Commission and Public Utilities Board to discuss the undergrounding of overhead utilities. Mayor Hunter recommended that this item be taken off agenda and that Staff, the Public Utilities Board and the City Manager meet and make recommendations to the Council on the subject. 7 4 City Hall, Anaheim, California - COUNCIL MINUTES - January 2, 1990, 5:30 P.M. There was general Council consensus that the matter be handled as recommended by the Mayor. 179; ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 14, 1989 - DECISION DATE; DECEMBER 21. 1990. B~, VARIANCE NO. 3717 - REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: OWNER: NEVILLE D. LIBBY LOCATION; 1651 West Cerritos Avenue Petitioner requests a retroactive extension of time. Extension of time for Variance No. 3717 Granted by the Zoning Administrator until November 25, 1990. Staff answered questions posed by Councilmembers Pickler and Daly regarding the subject property and area. A review of the Zoning Administrator's decision was requested by Council Members Pickler and Daly, and a public hearing will be scheduled at a later date. B2, ADMINISTRATIVE ADJUSTMENT NO, 0041 CATEGORICALLY EXEMPT, CLASS 5; LOCATION; 138 South Imperial Highway. Request for a waiver of minimum number of parking spaces to establish a nail shop. Administrative Adjustment No. 0041 was granted by the Zoning Administrator (ZA89-72) subject to the condition that the petitioner shall file for an amendment to Variance No. 2874 to modify Condition No. 11 thereof (pertaining to limiting use of the property to those commercial uses which have parking requirements which do not exceed the available number of parking spaces). No action was taken by the Council on this item. END OF THE ZONING ADMINISTRATOR ITEMS. ORDINANCES FOR INTRODUCTION: Councilman Hunter offered Ordinance Nos. 5085 and 5086 for introduction. B3, ORDINANCE NO. 5085 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 89-90-07, LOCATED AT 517 EAST KATEI~A AVENUE, FROM THE ML ZONE TO THE CL ZONE. B4, ORDINANCE NO. 5086 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.01.090 OF CHAPTER 18.01, ADDING NEW CHAPTER 18.96, AND VARIOUS OTHER CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DECK-TYPE HOUSING. B5, BUILDING INDUSTRY ASSOCIATION - PROPOSED SIGN PROGRAM; City Clerk Sohl announced that the Planning Commission has forwarded a recommendation that the City Hall. Anaheim, California - COUNCIL MINUTES - January 2, 1990, 5:30 P.M. Council approve the proposed sign program. It is understood that the Council will then act on the encroachments at a later time and could approve the motion at that time or separate them. Councilwoman Kaywood. She would like to see what the sign looks like. Annika Santalahti, Zoning Administrator. It would be required to process Encroachment Permits. Staff has talked to a representative of B.I.A. who wants to be heard, to present their specific proposal. They were expecting the two items to come up together and even though a motion is indicated on the agenda, it was not intended to be that way. The Council will be getting a presentation. It will be a public hearing at the time because of encroachment permits. Councilman Pickler. The Council has a good idea what the signs will look like and they will eventually see the proposal. They had previously discussed the concept and agreed to go ahead. As long as the Council will see what the signs are going to be, he is ready to move for approval on this matter tonight. MOTION: Councilman Pickler moved to approve the proposed sign program which will be considered in conjunction with the encroachment agreements for said signs, eliminating signs identified as nos. 2, 5 and 7 and permitting a total of 12 signs. Councilman Ehrle seconded the mo~ion. MOTION CARRIED. B6, ORANGE COUNTY GENERAL SERVICES AGENCY - MEDI-CAL CATASTROPHIC PROGRAM FOR THE ELDERLY; LOCATION; 280 EAST LINCOLN AVENUE. The City Planning Commission determined that the leasing of 400 square feet of office space for administration of the Medi-Cal Catastrophic Program to the Elderly at 280 East Lincoln Avenue is in conformance with the General Plan. B7, ORANG~ COUNTY GENERAL SERVICES AGENCY - SOCIAL SERVICES AGENCY; LOCATION; 1601 EAST ORANGEWOOD AVENUE. The Planning Commission determined that the leasing of 10,000 square feet of office space for an administrative office for the Social Services Agency/Medt-Cal Catastrophic Illness Program at 1601 East Orangewood Avenue is in conformance with the General Plan. No action was taken by the Council on items B6 and B7 above. ITEMS OF PUBLIC INTEREST: No items of public interest were discussed. 179, pUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3213 AND NEGATIVE DECLARATION: OWNER: MARJACK II, ATTENTION: Jack H. Reed 3777 North Harbor Boulevard Fullerton, California 92635-1336 City Hall, Anaheim, California - COUNCIL MINUTES January 2, 1990, 5:30 P.M. AGENT: Isai Ulate 2556 Woodland Drive Anaheim, California 92804 LOCATION/REQUEST: The property is located at 2556 Woodland Drive (north of La Palma Avenue and east of Magnolia Avenue). The request is to permit a church with waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3213 granted (PC89-257) for one year, to expire 10-23-90. Waiver of code requirement granted. Negative Declaration approved. HEARING SET ON: A letter of appeal was submitted by Village Way Management, Lauren Reddington, Property Administrator, and public hearing scheduled December 5, 1989. Prior to the December 5, 1989 meeting, another letter was received from Ms. Reddington, requesting a one week continuance of the public hearing. The request was considered by the Council and a continuance granted to January 2, 1990. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin November 23, 1989 Posting of property November 22, 1989 Mailing to property owners within 300 feet - November 22, 1989 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 23, 1989. COUNCIL CONCERNS: Councilman Pickler. He has a problem relative to the area in which the church is located. It has been operating in the Business Park since 1987. He asked if they had applied for a Conditional Use Permit at the time; the response was no. Councilwoman Kaywood noted that the letter of appeal indicated there was an overflow of parking from the church. Mayor Hunter asked to hear from the appellant; there was no response. City Clerk Sohl clarified that notification of the hearing was sent to the appellant. Isai Ulate, 300 North Ranchtto, applicant for the Conditional Use Permit, explained that the church met every Wednesday night, some Sunday mornings and Sunday night and not more than 15 or 17 cars park in the parking lot. Answering Council questions, he stated that their average attendance is 45 or 48 people, that they park their bus on the property behind the building which takes up two to three spaces; they rent from Jack Reed who is the owner of the building. They have been renting for three years. They did not apply for a Conditional Use Permit because 10 City Hall, Anaheim, California - COUNCIL MINUTES - January 2, 1990, 5:30 P.M. the Real Estate Agent told them that they did not need anything else to rent there. Two years later they received a letter from Code Enforcement indicating they needed to have a Conditional Use Permit and subsequently they applied for it. They comply with all requirements of the Planning Commission. They meet at 7:00 at night when everybody is gone from surrounding businesses. Sunday morning and evenings no one else is present in the park. They do not rent the building for weddings or special occasions. For special occasions, they rent St. Paul Presbyterian Church facilities. Sunday School is Sunday morning. On occasions, he has found people parked in the Church lot. Their lease is up in September of this year. The owner has sold the building. They will have to move after September. There was no additional input either in favor or in opposition. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. Three letters have been received from Village Way Management and the other tenants. Many tenants are not happy with the use. There is overflow parking and other spaces are being used by the church besides their own. There is a problem with the church use being there and that should not be ignored. It is unfortunate that no one is present from the Management Company. She cannot approve their request. Councilman Pickler. The lease expires in September. The church meets only on Wednesday nights and Sunday mornings and evenings. He has no problem in granting the Conditional Use Permit under those circumstances. If the Conditional Use Permit is misused, it can be revoked. Councilman Ehrle. The appellant had an opportunity to be present. The three letters received were all signed by the same p~rson. No one is present in opposition. No one was opposed at the Planning Commission level where it was approved by a 6-0 vote. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-6.) 11 City Hall, Anaheim, California COUNCIL MINUTES January 2, 1990, 5:30 P.M. Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman. Hunter offered Resolution No. 90R-6 for adoption, granting Conditional Use Permit No. 3213. Refer to Resolution Book. RESOLUTION NO, 90R-6; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3213. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Resolution No. 90R-6 duly passed and adopted. 179; PUBLIC HEARING - GENERAL PLAN AMENDMENT NO, 265, RECLASSIFICATION NO. 89-90-06, VARIANCE NO, 3985 AND NEGATIVE DECLARATION; OWNERS: LEMON ASSOCIATES 146 East Orangethorpe Anaheim, California 92801 BRYAN INDUSTRIAL PROPERTIES, INC. 146 East Orangethorpe Avenue Anaheim, California 92801 ORANGE COUNTY INDUSTRIAL BUILDERS 146 EAst Orangethorpe Avenue Anaheim, California 92801 AGENT: Garner Manavian Chow and Associates, AIA 500 Silver Spur Road, #111 Palos Verdes Peninsula , California 90274 LOCATION/REQUEST: Subject properties are rectangularly-shaped parcels of land consisting of approximately 4.5 acres and individually described as follows: Parcel A: Located on the east side of Lemon Street approximately 200 feet north of the intersection of Orangethorpe Avenue and Lemon Street; Parcel B: Located at the northeast corner of Lemon Street and Orangethorpe Avenue; Parcel G: Located on the north side of Orangethorpe Avenue approximately 324 feet east o£ th~ intersection of 0rangethorpe Avenue and Lemon Street: Parcel F: Located on the north side of Orangethorpe Avenue approximately 1,024 feet east of the intersection of Orangethorpe Avenue and Lemon Street. The request is for a change in zones from ML to CL. Petitioner requests an amendment to the Land Use Element of the General Plan proposing a redesignation from the existing General Industrial designation to a General Commercial designation for Parcels A, B, C and F. ACTION TAKEN BY THE PLANNING COMMISSION: The Planning Commission granted General Plan Amendment No. 265 - Parcels A, B, C and F (Exhibit A) (PC89-279). The Planning Commission granted Reclassification No. 89-90-06 (PC89-280). 12 City Hall, Anaheim, California COUNCIL MINUTES January 2, 1990, 5:30 P.M. The Planning Commission granted Variance No. 3985 on Parcels B, C and F (PC89-281). EIR Negative Declaration approved by Planning Commission. HEARING SET ON: Set for public hearing due to General Plan Amendment No. 265 at the meeting of December 12, 1989. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin, December 22, 1989. Mailing to property owners within 300 feet - December 21, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 20, 1989. APPLICANT'S STATEMENT: David Chow, Architect, 500 Silver Spur Road, Palos Verdes Peninsula. He is present to answer any questions. Mayor Hunter asked if anyone wished to speak in opposition; there was no response. He asked if anybody was present in favor. There were people present in favor who did not wish to speak. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. Relative to minimum landscaping, she noted the Staff Report indicated a 10 foot landscaped area adjacent to Lemon Street and 3 feet after dedication adjacent to Orangethorpe. She asked if that was allowing a variance or waiver. Annika Santalahti, Zoning Administrator. There is no waiver involved. It has been deleted. Three feet is required for commercial on an arterial and the CL-Industrial requires ten feet. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-7 through 90R-9, both inclusive.) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. 13 City Hall, Anaheim, California COUNCIL MINUTES - January 2, 1990, 5:30 P.M. Councilman Pickler offered Resolution No. 90R-7 for adoption approving General Plan Amendment No. 265, Exhibit A, No. 90R-8, approving Reclassification 89-90-06 and Resolution No. 90R-9 for adoption, granting Variance No. 3985. Refer to Resolution Book. RESOLUTION NO, 90R-7; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 265, EXHIBIT "A". RESOLUTION NO, 90R-8; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO, 90R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3985. Roll Call Voted AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-7 through 90R-9, both inclusive, duly passed and adopted. LANDSCAPE REQUIREMENTS COMMERCIAL ZONES; Before concluding, Councilwoman Kaywood suggested that Staff look into changing the landscaping requirement for Commercial to make it at least five feet required Annika Santalahtt, Zoning Administrator. She clarified for the Council that it had been at three feet for at least the last 20 years. If the Code is changed those properties that are three feet now would be legally non-conforming. If they do not modify the property in a way that it effects the landscaping, the property can stay that way forever. If they expand or rebuild, they would then be required to go to five feet. Developers do not like to hear they will be losing another two feet off their parking. There will undoubtedly be opposition since developers/property owners will be concerned about losing two additional feet from their developments. Councilman Daly. He feels sometimes it is the quality of the landscaping, not so much the quantity. He would like to see Staff analyze some possibilities and alternative approaches they could take in line with Councilwoman Kaywood's request. After submittal of a Staff Report, the Council can make a decision on the issue. Annika Santalahti. Instead, she would like to take the matter to the Planning Commission at one of their work sessions and the Commission could subsequently make a recommendation to the Council. 14 City Hall, Anaheim, California - COUNCIL MINUTES - January 2, 1990, 5:30 P.M. Council consensus was in agreement with the suggestion to take the matter to the Planning Commission. 179, PUBLIC HEARING - GENERAL PLAN AMENDMENT NO, 270 AND NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, PLANNING COMMISSION 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION/REQUEST: Property is approximately 4 acres consisting of those properties located on the west side of Vine Street between North Street to the north and Wilhelmina Street to the south. Also including those 9 properties located on the north side of North Street beginning approximately 193 feet west of the centerline of East Street and extending west approximately 755 feet. The request is a City initiated amendment to the Land Use Element of the General Plan from the Medium Density Residential designation to the Low Density Residential designation. Property is approximately 4 acres consisting of those properties located on the west side of Vine Street between North street to the north and Wilhelmtna Street to the south. Also including those 9 properties located on the north side of North Street beginning approximately 193 feet west of the centerline of east Street and extending west approximately 755 feet. PLANNING COMMISSION ACTION: Planning Commission approved General PLan Amendment No. 270, Exhibit A (PC89-288). Negative Declaration approved. HEARING SET ON: Set for public hearing due to General Plan Amendment No. 270 at the meeting of December 12, 1989. PUBLIC NOTICE REQUIREMENTS SET BY: Publication in the Anaheim Bulletin, December 21, 1989. Mailing to property owners within 300 feet - December 21 1989. PLANING STAFF INPUT: See Staff Report to the Planning Commission dated November 20, 1989. Jonathan Borrego, Assistant Planner. The General Plan Amendment before the Council to~ay is in conjunction with the on-going housing study. The area consists of four acres in the vicinity of Vine Street and North Street consisting of 22 single family residences. The properties are currently zoned RS-7200 but have a General Plan designation of Medium Density Residential. The area is exclusively single family residences. He clarified that the convenience market on the southwest corner of La Palma and East Street is not included in the study area. Councilwoman Kaywood asked Staff if there was any opposition to the proposed GPA. 15 City Hall, Anaheim, California - COUNCIL MINUTES - January 2, 1990, 5:30 P.M. Jonathan Borrego. There was one gentleman who lived on the north side of North Street who asked if his property could be excluded. The Planning Commission indicated if he had future plans for his property, he could come back and they would 'consider his property individually. Other than that, there was no opposition expressed. PUBLIC DISCUSSION IN FAVOR: Frank Guevara, 753 North Bush Street, Anaheim. He represents a lot of homeowners in that area and had gathered signatures. What the City wants to do is lower the density to maintain a single family area. They support the Council and the Planning Commission and hope they continue doing the same thing throughout Anaheim. PUBLIC DISCUSSION IN OPPOSITION: None COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION : The title of the following resolution was read by the City Clerk. (Resolution No. 90R-10.) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 90R-lO for adoption, approving General Plan Amendment No. 270, Exhibit A. Refer to Resolution Book. RESOLUTION NO. 9DR-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO T~E LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 270, EXHIBIT "A". Roll Call Vote: AYES NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-lO duly passed and adopted. 16 City Hall, Anaheim, California - COUNCIL MINUTES January 2, 1990, 5:30 P.M. 179. PUBLIC HEARING - GENERAL PLAN AMENDMENT NOS. 269-1 AND 2, RECLASSIFICATION NO, 89-90-21 AND NEGATIVE DECLARATION; OWNER: CITY OF ANAHEIM 200 .South Anaheim Boulevard Anaheim, California 92805 LOCATION/REQUEST: Location: General Plan Amendment 269-1: Approximately 4.5 acres generally bounded by Cypress Street to the north, Olive Street to the east, Lincoln Avenue to the south and Claudina Street to the west. Location: General Plan Amendment 269-2: Approximately 7.8 acres generally bounded by the alley south of Center Street to the north, Atchison Street to the east, Broadway to the south and Olive Street to the west; excepting the easterly 125 feet. Reclassification No. 89-90-21: Consisting of two areas described above. Request for GPA Nos. 269-1 and 2: A City initiated amendment to the Land Use Element of the Anaheim General Plan redesignating the above described areas from the current Medium Density Residential Designation to the Low-Medium Density Residential Designation. Reclassification of properties from the CG, PD-C and RM-1200 Zones to the RS-5000 or a less intense zone and reclassification of properties from the PD-C and RM-1200 Zones to the RM-2400 or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 269-1, Exhibit B, approved by the Planning Commission, as amended to include that portion of study area south of Lincoln Avenue (PC89-289). General Plan Amendment No. 269-2, Exhibit B, approved as amended to include that portion of study area south of Lincoln Avenue (PG89-290). Reclassification No. 89-90-21 granted, in part (PC89-291), deleting properties facing Broadway, east of Melrose, and instructed staff to initiate reclassification of said properties facing Broadway to RM-2400. Negative Declaration approved. HEARING SET ON: Set for public hearing due to General Plan Amendment No. 269-1 and 269-2 at the meeting of December 12, 1989. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin, December 21, 1989. Mailing to property owners within 300 feet December 21, 1989. Jonathan Borrego, Assistant Planner. This General Plan Amendment is in conjunction with the on-going housing study. The areas in question have a current General Plan Designation of Medium Density Residential. An amendment to Low-Medium Density 17 City Hall, Anaheim, California - COUNCIL MINUTES January 2, 1990, 5:30 P.M. is recommended. Various reclassifications are also recommended in order to bring the properties into conformance with the General Plan Designation. The areas have mixed uses - either single family or multiple family residences or apartments. They also contain areas which are designated Neighborhood Preservation Areas and as such representatives of the Redevelopment Agency are also present to answer any questions. Jonathan Borrego. He then clarified for Councilwoman Kaywood that the Planning Commission approved Exhibit B as amended. The Exhibit posted on the Chamber wall is the amended version of that Exhibit. When the original Exhibit B was prepared, the portion south of Lincoln was inadvertently removed. The Exhibit was corrected to include that area. Exhibit A was originally continued from the Planning Commission hearing. The Planning Commission wanted Staff to consider the area known as the George Washington Community Center within the study area. That is Exhibit B which was approved by the Planning Commission. COUNCIL ACTION: There being no further persons who wished to speak either in favor or in opposition, Mayor Hunter closed the public hearing. Councilman Daly. The area of the George Washington Community Center was designated Low-Medium Density Residential. The Center has been discussed in some of the Redevelopment studies and some day is planned to be rebuilt across the street and a park site created on the present site. He is wondering, therefore, if it is appropriate to continue to designate it as residential property. It is not residential now and he is not in favor of it ever being residential. His concern is with the long term use of the site. He will talk to the Director of Community Development and also knows that Staff is working on a long term proposal for the George Washington Community Center. He may be early, but he wanted to flag the matter as a concern so that no one will get the wrong impression relative to that site. COUNCIL ACTION: ENVIRQ~MF, NTAL IMPACT REPORT - NEGATIVE DECIARATION: On motion by Councilwoman Kaywood, secon4md by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comm~ents received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-11, 90R-12 and 90R-13A. 18 City Hall, Anaheim, California COUNCIL MINUTES January 2, 1990, 5:30 P.M. Councilman Hunter moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 90R-11 for adoption, approving General Plan 'Amendment 269-1, Exhibit B, as amended, 90R-12 for adoption, approving General Plan Amendment 269-2, Exhibit B and 90R-13A for adoption, approving Reclassification No 89-90-21. Refer to Resolution Book. RESOLUTION NO, 90R-11; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 269-1, EXHIBIT "B (AMENDED)". RESOLUTION NO. 90R-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 269-2, EXHIBIT "B (AMENDED)". RESOLUTION NO, 90R-13A; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-11, 90R-12 and 90R-13A, duly passed and adopted. 179; PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 289, GENERAL PLAN AMENDMENT NO, 271. RECLASSIFICATION NO. 89-90-22. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3206. DEVELOPMENT AGREEMENT NO. 83-02 (AMENDED ~ RESTATED), DEVELOPMENT AGREEMENT NO. 89-02: OWNERS: SAVI RANCH ASSOCIATES c/o Hillman Properties 450 Newport Center Drive, Sute 304 Newport Beach, Gallfornla 92660 AGENT: · CSF 1717 South State College Boulevard, Suite 100 Anaheim, California 92806 LOCATION/REQUEST: 1001 to 1100 Pullman Street. PORTION A: For a change in zone from ML (SC) to CL (SC). PORTION B: For a change in zone from RS-A-43,000 (SC) to CL (SC). The Request is for an amendment to the Land Use Element of the General Plan proposing a redestgnation from the existing General Industrial and General Open Space designations to a General Commercial designation to permit and govern the construction of a commercial retail center, an automotive repair center, two freestanding restaurants with on-sale and consumption of alcoholic 19 City Hall, Anaheim, California COUNCIL MINUTES January 2, 1990, 5:30 P.M. beverages and entertainment, on e drive-through restaurant and a theatre with building heights in excess of 35 feet with waivers of minimum number of parking spaces, required site screening and required landscaped setback. Request for amendment and restatement of Development Agreement No. 83-02 between SAVI Ranch Associates and the City of Anaheim; and approval of Development Agreement No. 89-02 between Marketfaire Partners and the City of Anaheim. ACTION TAKEN BY THE PLANNING COMMISSION The Planning Commission recommended adoption of General Plan Amendment No. 271 (PC89-292). Reclassification No. 89-90-22 was granted (PC89-293). Waiver of Code requirement granted. Conditional Use Permit No. 3206 Granted (PC89-294). Development Agreement 83-02 (Amended and Restated) was granted (PC89-284(a). Development Agreement 89-02 granted (PC89-319). HEARING SET ON: Set for public hearing before the City Council due to General Plan Amendment No. 271 from the meeting of December 12, 1989. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin December 21, 1989. Mailing to property owners within 300 feet - December 21, 1989. STAFF INPUT: See Staff Report to the Planning Commission dated December 4, 1989. City Clerk Sohl. Staff has requested that the subject item and public hearing be continued to Tuesday, January 23, 1990. Mayor Hunter. He asked if anyone was present today who wished to speak. There was no response. MOTION: Councilman Pickler moved to continue the subject public hearing to Tuesday, January 23, 1990 at 6:00 p.m. Councilman Ehrle seconded the motion. MOTION CARRIED. CITY COUNCIL COMMENTS: 114/129; ~FgINKLER HOOKUP VALVES: Councilman Pickler referred to an apartment project across the street from the Celebrity Theatre on Broadway and expressed concern with what he considered the unsightliness of a large pipe fixture in front of the building. He feels this and other such fixtures in the City are a visual intrusion and they should be removed and either placed underground or surrounded by shrubbery so they cannot be seen. City Manager Simpson. Those are sprinkler hookup valves which the Fire Department hooks into to augment the water pressure for the sprinkler systems inside the building. Those have to be accessible to the fire Pumper. 2O 1! City Hall, Anaheim, California - COUNCIL MINUTES January 2, 1990, 5:30 P.M. Joel Ftck, Planning Director. He will discuss the matter with the Fire Department and Water Utilities and appropriate city Staff will subsequently submit a report to the Council. 114/107; "sCAVENGER" ORDINANCE; Mayor Hunter. He referred to a newspaper article in the Register which "blasted" the City relative to its Scavenger Ordinance adopted in 1978, making it unlawful for any person to collect solid waste trash from any premises. People are being fined $50 for doing so. They are collecting papers and things of that nature. He feels the Ordinance should be looked at again at this time to see whether or not that was the intent. He does not believe recycling at that time had the prominence it now has. He understands Code Enforcement gives tickets. He reiterated that the Ordinance should be reviewed at this time and perhaps only a courtesy citation given before a fine. Councilman Ehrle He has talked to people who come up and down his street. What the City is trying to avoid is someone going through trash cans where personal items have been thrown away. Some of the neighbors separate out their newspapers and cans. The people collecting these are, in their own way, recycling and providing themselves an income. He agrees that the Ordinance should be looked at and a courtesy extended regarding newspapers and cans. He reiterated that he and his neighbors object to someone going through the trash cans and he believes that is the objection. Councilman Pickler agreed that the problem lies in people going through trash to separate items out. He separates his recyclable items and has no problem with people picking these up. He also has no problem looking at the Ordinance. Mayor Hunter. He does not want the item placed on an agenda but wants Staff to look at the Ordinance. ADJOURNMENT; Councilman Hunter moved to adjourn. the motion. MOTION CARRIED. (6:58 p.m.) Councilman Ehrle seconded LEONORAN. SOHL,' CITY CLERK 21