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1990/04/17107 City Hall, Anaheim, California - COUNCIL MINUTES April 17, 1990, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Hunter CITY MANAGER: Bob Simpson ASSISTANT CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PROGRAM DEVELOPMENT AND AUDIT MANAGER: ZONING MANAGER: Annika Santalahti TRAFFIC ENGINEER: Paul Singer ASSISTANT PLANNER: Jonathan Borrego Daly, Ehrle, Kaywood and Pickler Ken Stone A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on April 13, 1990 at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem Pickler called th 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 Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. Campanula Properties Inc. vs. City of Anaheim, et al., Orange County Superior Court Case No. 61-46-64; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 61-46-82; Los Angeles Rams Football Company Inc. vs. City of Anaheim, et al., Orange County Superior Court Case No. 61-46-74. Strankay vs. City of Anaheim, Orange County Superior Court Case No. 60-51-14. b. To meet with and give directions to its authorized representative resardtn~ labor relations matters Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. 355 108 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5:30 P.M. AFTER RECESS; Mayor Pro Tem Pickler called the meeting to order, all Council Members being present, with the exception of Councilman Hunter, and welcomed those in attendance to the Council meeting (5:47 p.m.). INVOCATION: Reverend Kundan Peter, West Anaheim Methodist Church, gave the invocation. FLAG SALUTE; Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. City Clerk Sohl announced the presence of students in the Chamber audience who will be the Council's or Staff's counterparts on Youth in Government Day. Council Members welcomed the students and Mayor Pro Tem Pickler stated that the Council is looking forward to their participation in Youth in Government Day on Thursday, April 26, 1990. ANNOUNCEMENT - CITY MANAGER BOB SIMPSON: City Manager Simpson stated he had spoken to the Council earlier about having a moment to speak at the meeting. They have talked a lot about transition in these last months, and the Council's appointment of Assistant City Manager Jim Ruth as City Manager has eased that transition, which is presently in process. With permission of the Council he (Simpson) would like officially/unofficially to turn the day-to-day operations of the City over to Jim Ruth. He wants to take a moment now to say publicly what he has said to Jim many times and to his wife, Linda, that they have his wholehearted support for whatever he can do, not only for the remainder of his stay with the City, but after that time as well. There will be no long speeches made by him. He cannot top what Brent Musberger said upon leaving CBS recently - "It has been my privilege for a lot of years to have had the best seat in the house." He thanked the Council for that opportunity and everyone who has shared in that. Mr. Simpson then turned the meeting over to Jim Ruth. 119: DECLARATION OF APPRECIATION; A Declaration of Appreciation was unanimously adopted by the City Council and presented to Mary Ann Barngrover, Chevron Public Affairs, expressing appreciation to Chevron U.S.A. for their generous donation to the Oak Canyon Nature Center (over $5,500). Mayor Pro Tem Pickler and Council Members thanked Miss Barngrover on behalf of the City and its citizens. 119: DECLARATION o URBAN REFORESTATION PROGRAM: A Declaration was unanimously adopted by the City Council initiating, "Make a Difference" campaign encouraging all to make a difference by supporting the Urban Reforestation Project. Accepting the Declaration were Bob Spidell, Spidell Publishing, who donated a large grove of trees; Connie Bagierek, Canyon Hills Junior Woman's Club, who donated funding for seedlings and Mary Ann Barngrover, Chevron U.S.A., who donated a large Oak Grove at Oak Canyon. Mayor Pro Tem Pickler and Council Members thanked each for their organization's generosity and caring. 119: DECLARATION OF RECOGNITION AND COMMENDATION: A Declaration of Recognition and Commendation was unanimously adopted by the City Council and presented to Gary Smith, advisor at Katella High School, accompanied by three 356 105 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P,M. students, recognizing and commending Katella on its involvement in Earth Day activities. 119; DECLARATION - MARGARET MARKS; A Declaration recognizing Margaret Marks on her retirement after 25 years of service at the Police Department, was presented to Margaret by Mayor Pro Tem Pickler and Council Members. She was accompanied by her husband. The Council commended Margaret for her 25 years of dedicated service to the City and citizens of Anaheim. 119: PROCLAMATION; The following proclamations were issued by Mayor Pro Tem Pickler and authorized by the City Council. Earth Day 1990 in Anaheim, April 22, 1990. Professional Secretaries Week, April 22-28, 1990. Days of Remembrance in Anaheim Weight Loss Month in Anaheim, April, 1990 Assistant City Manager James Ruth accepted the Earth Day Proclamation. MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular meeting held March 13, 1990. Councilman Daly seconded the motion. Councilman Hunter was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,886,303.34 for the week ending April 6, 1990 and $2,881,726.83 for the week ending April 13, 1990, in accordance with the 1989-90 budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCE; The titles of the following resolutions and ordinance were read by the City Manager. Councilman Pickler moved to waive the reading in full of the resolutions and ordinance. Councilwoman Kaywood seconded the motion. Councilman Hunter was absent. MOTION C~RRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler, seconded by Councilman Daly, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Pickler offered Resolution Nos. 90R-112 through 90R-116, both inclusive, for adoption; and Ordinance No. 5116 for adoption. Refer to Resolution/Ordinance books. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Edward R. Fearnley for property damage sustained purportedly due to actions of the City on or about December 20 and 21, 1989. 357 106 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5~30 P.M. b. Claim submitted by Bi-Rite Ready Mix Concrete Corporation for indemnity sustained purportedly due to actions of the City on or about January 19, 1990. c. Claim submitted by Julie Johnson for property damage sustained purportedly due to actions of the City on or about March 5, 1990. d. Claim submitted by Tanase Dan Rosca for property damage sustained purportedly due to actions of the City on or about March 15, 1990. e. Claim submitted by Espiridion Escalante for property damage sustained purportedly due to actions of the City on or about November 28, 1989. f. Claim submitted by Richard Danesi for bodily injury sustained purportedly due to actions of the City on or about December 16, 1989. g. Claim submitted by Maria Elena Rivera for property damage sustained purportedly due to actions of the City on or about November 1, 1989. h. Claim submitted by Earl Spencer for bodily injury sustained purportedly due to actions of the City on or about September 23, 1989. i. Application for Leave to Present a Late Claim submitted by Bonnie MacMillan Bender for bodily injury sustained purportedly due to actions of the City on or about July 3, 1989. A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission meeting held December 7, 1989. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for February, 1990. 140: Receiving and filing minutes of the Anaheim Public Library Board meeting held February 28, 1990. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held March 21, 1990. 105: Receivtn~ and filtn~ minutes of the Community Redevelopment Commission meeting held March 28, 1990. A3. 164: Awarding a contract to the lowest and best responsible bidder, Desatoff Construction Company, in the amount of ~727,011 for South - Sunkist Storm Drain Improvement. A4. 164: Awarding a contract to the lowest and best responsible bidder, Peter C. David Company, in the amount of $306,072 for Coventry Drive Storm Drain and Alley Improvements. A5. 107: Awarding a contract to the lowest and best responsible bidder, Viking Equipment Corporation, in the amount of $5,700 for Building Demoiition Northeast corner of Anaheim Boulevard and Adele Street. 358 103 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P.M. A6. 150: Approving a Notice of Completion of the construction of George Washington Community Services Center Improvements by A & M Design Development, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A7. 164: Approving a Notice of Completion of construction of Euclid Avenue Storm Drain, Sewer, Water, and Street Improvements by S. A. Healy Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A8. 123: Approving an agreement with the State of California, Department of Transportation, to receive $1 million to carry out the development of the Anaheim Event Communication System project, and authorizing the Mayor and City Clerk to execute said agreement. Ag. 176; RESOLUTION NO. 90R-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A SEWER EASEMENT LOCATED ON PROPERTY BOUNDED BY ANAHEIM BOULEVARD, CYPRESS STREET, CLAUDINA STREET, AND LINCOLN AVENUE (89-9A). Al0. 153: RESOLUTION NO, 90R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS AND SUPERSEDING RESOLUTION NO. 88R-115 AND AMENDMENTS THERETO. (Effective April 30, 1990.) Mr. Ken Stone, Program Development and Audit Manager, answered questions posed by Councilwoman Kaywood relative to the balance in the Council Contingency Fund. Ail. 153: RESOLUTION NO. 90R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-512 WHICH ESTABLISHED RATES OF COMPENSATION FOR CONFIDENTIAL JOB CLASSIFICATIONS. (Creating a new position of Audit Technician, effective April 13, 1990.) Al2. 106/107: Approving the transfer of existing funds ($10,000) from the Council Contingency Fund to the Code Enforcement Program to be used for graffiti removal (increase account #01-169 by $10,000 and decrease account #01-101 by $10,000). 123: Amending the existing agreement with Graffiti Removal, Inc., to increase the amount by $10,000 and not to exceed $170,000. Al3. 123: Waiving Council Policy 306 and authorizing Data Processing Director to enter into a maintenance agreement with Storage Technology Corporation in the amount of $345,060 for a 60-month maintenance contract on our current hardware. Al4. 152/124: Waiving Council Policy 306 and authorizing the Convention Center General Manager to purchase a Hewlett-Packard 3000 Series 935 mini-computer from the Hewlett-Packard Company, in an amount not to exceed $210,000 (which includes sales tax, freight, installation, specified software and quoted support and training). 359 104 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5:30 P.M. Al5. 123: Waiving Council Policy 306 and approving an agreement with XETA, Inc., in the amount of $80,000 per year (for equipment lease and allied services) for automated telephone service and computer database to record golf tee time reservations. Al6. 123: Approving an agreement with Anaheim Union High School District to provide Park Ranger patrols on school and park facilities from May 25, 1990 through September 2, 1990. Al7. 135/158: Approving the concept of retaining the twenty acres of surplus Golf Course property south of Nohl Ranch Road as a City asset, to remain as open space. Authorizing Staff to prepare a Request for Proposal to develop the one-acre Golf Course parking lot into a compatible commercial development. 106/135/175: Appropriating $1,400,000 from surplus Hotel Partnership settlement funds to the Anaheim Hills Golf Course Fund to support permanent repair of the Walnut Canyon Channel. Assistant City Manager James Ruth announced that Item Al7 is being removed from the Consent Calendar at this time for further staff analysis and subsequent report back to the City Council. Al8. 123; RESOLUTION NO, 90R-115; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR THE INTER-COUNTY AIRPORT AUTHORITY CHANGING THE TITLE TO THE ORANGE COUNTY CITIES AIRPORT AUTHORITY AND URGING STUDY OF GEORGE AIR FORCE BASE. Al9. 177.174: Approving the submission of an application for participation in Round VII of the Rental Rehabilitation Grant Program, and authorizing the Mayor to sign the necessary cover documents and certifications. A20. 175.123: Approving the Firm Peaking Capacity Sale/Exchange Agreement executed by the United States of America, Department of Energy, acting by and through the Bonneville Power Administration, and Anaheim, California, in substantially the form submitted, and authorizing the Public Utilities General Manager to execute said agreement, as recommended by the Public Utilities Board at its meeting of April 5, 1990. A21. 175.123: Approving the Pacific Intertie Direct Current Firm Transmission Service Agreement between the City of Pasadena, the City of Burbank (Sellers), and the City of Anaheim (Purchaser), in substantially the form submitted, and authorizing the Public Utilities General Manager to execute said agreement, as recommended, at its meeting of April 5, 1990. A22, 113/112; RESOLUTION NO, 90R-116; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. A23. 123: Waiving Council Policy 306 approving an agreement with Cappelletti Associates in an amount not to exceed $130,000 for consulting services in connection with the Police Automated Systems Development, and authorizing the 360 101 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P.M. Mayor and City Clerk to execute said agreement. A24. 153: Appointing Donna Smith to the Anaheim Private Industry Council (PIC), for a two year term (to fill the vacancy of Milton Pentecost) as recommended by the Department of Rehabilitation. A25. 153: Approving the Job Training Plan for the administration and delivery of services for the City's 1990-1992 employment and training program, and authorizing the Mayor to execute the plan in conjunction with the Anaheim Private Industry Council. A26. 149/142~ ORDINANCE NO, 5116 - ADOPTION; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 14.52 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO VEHICLE PERMITS. (Overweight vehicle permits.) A27. 160: Accepting the low bid of R. W. Smith & Company, in the amount of $28,806.88 for banquet skirting, in accordance with Bid #4825. A28. 160: Accepting the low bid of S & C Electric Company, in the amount of $256,484.31 for ten Mark III PMH-12; twelve Mark III PMH-11; and thirteen Mark III PMH-9 three phase sectionalizing switches with fused lateral taps, in accordance with Bid #4809. A29. 160: Accepting the bid of Pauwels Transformer Company, in the amount of $62,077.12 for four 1500 KVA three phase padmount transformers, in accordance with Bid #4807. A30. 160: Accepting the low bid of Stanley E. Nelson, in the amount of $20,992 to remove existing and replace pool filtration system at Pearson park, in accordance with Bid #4818. A31. 160: Approving a third amendment to the Agreement with Western Counties Maintenance Company, amending Exhibit "B" of the original agreement to reflect the current price of the service for the third year through March 31, 1991, to provide custodial services at various City locations in accordance with Bid #4557. A32, .123; APPROVING AN EMPLOYMENT CONTRACT WITH JAMES D. RUTH AS CITY MANAO~R: Councilman Ehrle. Ne has removed the item first to question why it was on the Consent Calendar in the first place, his feeling being that it should have been placed somewhere else other than on a consent calendar. Further, it was his understanding this would not be scheduled until there was a full Council. When the item was on the agenda two weeks ago, Councilman Pickler was not present at that time and it was removed. He thought it was the understanding that the City Manager would bring it back when there was a full Council but the Mayor is on vacation today. It would, therefore, be appropriate to continue the item one week for full Council action. City Attorney Jack White. The item was placed on the Consent Calendar two weeks ago and removed by City Manager Simpson and agendized again for the Council's next meeting which was today. Any Council Member can remove any item from the consent calendar for separate discussion. It was placed on the 361 102 City Hall, Anaheim, California - COUNCIL MINUTES April 17, 1990, 5;30 P,M. consent calendar probably because there was nowhere else to appropriately put it. Mayor Pro Tem Pickler. He asked for it to be put on the agenda for today's meeting. It is necessary to make a transition. The longer they wait, he feels does not help the situation. Department heads have to know who their leader is going to be and a decision has been made. He felt this was the opportune time to move ahead. Councilman Daly. He is prepared to act tonight. Predicting who is going to be present, or who is not, is not easy. Councilman Ehrle. It is interesting that Councilman Pickler called the City Clerk or the City Manager's Office to place the item on tonight's agenda and apparently received two other Councilmember's approval to do so. He questioned why he (Ehrle) was not notified. Mayor Pro Tem Pickler. Only three Council Members need to agree. He did not try to contact Councilman Ehrle. MOTION; Councilman Daly moved to approve an employment contract with James D. Ruth as City Manager. Councilman Pickler seconded the motion. Councilman Ehrle abstained. Councilman Hunter was absent. MOTION CARRIED. A33. 123: Approving a License agreement with Turning Point Family Services, Inc., for use of the Ponderosa Park Community Center by Turning Point Outreach Workers as part of Project S.A.Y. (Save-A-Youth), and authorizing the Mayor and City Clerk to execute said agreement. End of Consent Calendar. MOTIONS CARRIED. A34, 108/142/149; ORDINANCE NO, 5117 - AMENDMENT TO STREET VENDING ORDINANCE; Amending subsections of Chapter 14.32 of Title 14 relating to the sale of goods or merchandise by vehicle. The Ordinance was introduced at the meeting of April 3, 1990. Mayor Pro Tem Pickler. He was not present when the item was extensively discussed on March 20, 1990. It may also be necessary to continue the matter tonight. He does have a problem with the proposed Ordinance in the following areas: It is proposed that the minimum required distance from intersections for vending operations be reduced from 100 feet to 40 feet. A car length is approximately 20 feet. If vendors are allowed to park only 40 feet away, vehicles making a turn and heading into that street might find it difficult to do so and there is a potential for accidents. He would be amenable to a compromise of 60 feet. He does not agree with changing the permitted length of time for vending from 30 minutes to 60 minutes. In surrounding cities, times range from 5 to a maximum of 15 minutes. He feels that 30 minutes is ample time. Councilwoman Kaywood interjected and asked if Mr. Sarmiento was present. 362 99 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P,M. Mr. Salvador Sarmiento, Attorney representing vendors in different areas. He is assisting in revising the current Ordinance. He agrees that the matter should be continued. He received the new proposed Ordinance only yesterday afternoon and has not had an opportunity to review it in detail. He would like to have an opportunity to respond. City Attorney White. He is not certain what Mr. Sarmiento means by the new Ordinance. The Ordinance he (White) is aware of was offered two weeks ago for first reading and scheduled to be adopted tonight. If there is a later Ordinance that someone has prepared, it was not done by his office. The item on tonight's agenda is for adoption, since it was given first reading on April 3, 1990. Salvador Sarmiento. At the March 20, 1990 meeting, Mayor Hunter discussed his concerns and directed the City Attorney's Office to direct its attention to the recommendations made by Mayor Hunter. He does not believe they were all included in the proposed Ordinance. One of the concerns was amplified music and another was the process by which the vendors obtain their operator's and vending permits. They were not included in the proposed Ordinance. That meeting was a long one where they addressed the things that the Task Force had looked at. The last meeting he recalled was March 20th, and if there was a meeting on the issue between that time and now, he was not aware of it and was not present. Mayor Pro Tem Pickler. His understanding is that Mr. Sarmiento's clients have a lawsuit against the City challenging the validity of the current City's Ordinance; Mr. Sarmiento acknowledged that that was correct. Mayor Pro Tem Pickler continued. It is also his understanding that there is a legal doctrine which could subject the City to paying his clients' attorney's fees if the Council amends the current Ordinance as a result of this lawsuit. He asked if that was correct; Mr. Sarmiento answered that would be up to the 3udge to decide. It would be a concern of the City. Mayor Pro Tem Pickler then continued, since the Council is considering the amendments due to the independent request of Mr. Sarmiento's clients, and not due to the current law suit, if the Council amends the Ordinance, he asked if Mr. Sarmient0's clients are willin§ to not use these amendments as a basis to seek attorney's fees in the current law suit. Mr. Sarmiento answered no and confirmed his no answer when Councilwoman Kaywood again asked if he was willing to waive the fees. Mayor Pro Tem Pickler. It was his understanding an agreement had been reached relative to the Ordinance the Council now has before it. His comments refer to the proposed Ordinance. Mr. Sarmiento. He was under the impression this was the first time the Council was looking at the proposed Ordinance. He clarified for Mayor Pro Tem Pickler that he was still representing the vendors. 363 100 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5:30 P.M. MOTION: Councilwoman Kaywood thereupon moved that inasmuch as the attorney representing the vendors is not willing to waive charging the taxpayers for his services, that there be no action taken and no changes made to the current Vending Ordinance. Councilman Pickler seconded the motion. Before further action was taken, Councilman Ehrle spoke against the motion. There is an Ordinance before the Council and it addresses the issues of concern to the vendors other than the amplified music. He is not sure it was addressed originally. He asked for clarification from the City Attorney that item was not included because it was addressed by other codes. City Attorney White. To be absolutely clear on what the motion was that was made at the previous Council meeting on March 20, 1990, he listened to the tape recording of the meeting and discovered there were six items specifically referenced in the motion even though other items including amplified sound had been discussed elsewhere in the discussion. The six items are those enumerated in his report to the Council dated March 22, 1990 and which are included in the Ordinance in front of the Council. He understands there is sentiment by some Members of the Council relating to other items but only the six listed were the final items. If there is disagreement, he invites anyone to listen to the tape recording which is quite clear relative to the motion. Councilwoman Kaywood. She asked if Alan Hughes was present. He was Chairman of the Task Force formed to consider the Ordinance and the Council has not had the benefit of his oral comments. Mr. Hughes had agreed with Staff on most of the items of contention. Mr. Alan Hughes, Executive Director, Anaheim Chamber of Commerce. His recommendations as Chairman of the Task Force were submitted to the Council (see letter dated March 5, 1990 from Alan B. Hughes, Chairman of the Vendor Committee Task Force, which contained the final Vendor Committee report and recommendations on pages 1 through 3, attached to the letter). He was out of the country on business when the matter was previously before the Council. It has been a problem trying to balance the needs of a relatively small segment of the business community, giving them an opportunity to conduct their business without interfering with the rights of c£tlzens. He stands by the recommendations made in the report. Councilwoman Kaywood. In all the years she has been on the Council and the time spent of over a year putting together the initial vending Ordinance, she has never had a single person call her, approach her or talk to her about making the Vending Ordinance easier. Ail she has ever received have been complaints from residents about traffic being clogged up, problems created on the streets, noise with the music and amplified sound driving them "crazy' in their own homes and the trash generated following the trucks. People have phoned her not to make the Vending Ordinance easier in any way and that things were much better with the current Ordinance. They do not want restrictions being loosened. Mayor Pro Tem Pickler. At this time he is going to recommend that there be a continuance. Mr. Sarmiento mentioned he does represent the Vendors and he should have ample opportunity to look at the proposed Ordinance. He (Pickler) 364 97 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5~30 P.M, was of the opinion a consensus was already there but it is not~ He has expressed his concerns relative to the distance from intersections and the time limitation. Also on every infraction in the City the fine is $100 for the first offense, $200 for the second and $250 for the third. He does not feel there should be a special consideration made for any one group. Councilman Pickler thereupon moved that adoption of the Ordinance No. 5117 be continued for two weeks to Tuesday, May 1, 1990 at 5:30 p.m. Councilman Daly seconded the motion. Before a vote was taken, Councilwoman Kaywood stated she would like to have Council look at the fact that if any changes are made to the Ordinance, that the City is going to be sued for Attorney's fees for making the Ordinance easier for them, which does not make any sense. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted no. Councilman Hunter was absent. MOTION CARRIED. A35. 148; LEAGUE OF CITIES - CITY SELECTION COMMITTEE - REPRESENTATIVES ON COMMISSIONS: Submitted was letter dated March 16, 1990, from William E. Hodge, Executive Director, Orange County League of Cities and Deputy Clerk of the City's Election Committee, announcing that after the League Division meeting of April 19, 1990, the City Selection Committee will meet to elect a member of the Local Agency Formation Commission and to elect a member to serve as representative on the Orange County Harbors, Beaches and Parks Commission, Coastal Cities, and one representative on the same Commission for Inland Cities. At this time the Council is to direct the City's representative to vote for certain representatives, which vote will be cast at the Thursday night meeting. After a brief Council discussion, Councilman Daly suggested that at this time the Council not direct any particular voting pattern on the subject three appointments but instead listen to see what the candidates have to say at the League Meeting on Thursday and then determine who to vote for at that time. There was no further action taken by Council, the consensus being to wait until the meeting on Thursday night and to make a determination at that time. A36. 137, PUBLIC HEARING (TEFRA) - ANAHEIM MEMORIAL HOSPITAL ASSOCIATION FINANCING - $41,000,000; Submitted was report dated April 9, 1990, from the Finance Director, George Ferrone, recommending that the Council hold a public hearing (TEFRA) in connection with the certificate of participation and financing in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986. Mayor Pro Tem Pickler opened the public hearing and asked to hear from anyone who wished to speak to the proposed financing; there being no response, he closed the public hearing. Councilwoman Kaywood. For the record, there is no obligation on the City's part relative to the subject financing. 365 98 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-117 and 90R-118) Councilman Daly moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. Councilman Hunter was absent. MOTION CARFRIED. Councilman Daly offered Resolution No. 90R-117 and 90R-118 for adoption, the first approving the Execution and Delivery of a First Installment Sale Agreement for the Purpose of providing Financing for Certain Health Facilities; and the second approving the form and authorizing the execution of certain documents in connection with the Installment Sale Financing of Health Financing of Health Facilities for Anaheim Memorial Hospital Association, and directing certain actions with respect thereto. Refer to Resolution Book. RESOLUTION NO. 90R-117: A RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF A FIRST INSTALLMENT SALE AGREEMENT FOR THE PURPOSE OF PROVIDING FINANCING FOR CERTAIN HEALTH FACILITIES. RESOLUTION NO, 90R-118: A RESOLUTION APPROVING THE FORMAND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE INSTALLMENT SALE FINANCING OF HEALTH FACILITIES FOR ANAHEIM MEMORIAL HOSPITAL ASSOCIATION AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Pickler None Hunter The Mayor Pro Tem declared Resolution Nos. 90R-117 and 90R-118 duly passed and adopted. MOTION; Councilman Daly moved to act on the following: Approving the First Installment Sale Agreement (Security Agreement) relating to health facilities, to be dated as of May 1, 1990, between the Hospital and the City. Approving the Second Installment Sale Agreement (Security Agreement) relating to Health Facilities, to be dated as of May 1, 1990, between the City and the Hospital. Approving the Trust Agreement relating to Health Facilities, to be dated as of May 1, 1990, among Security Pacific National Bank (the Trustee), the City and the Hospital. Approving the First Assignment Agreement Relating to Health Facilities, to be dated as of May 1, 1990, between the City and the Hospital. 366 95 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P.M. Approving the Contract of Purchase, to be dated the date of sale of the Certificates of Participation by and among the Underwriter, the Hospital and the City. Approving the form and distribution of a preliminary official statement. Approving and authorizing the distribution by the underwriter of a preliminary official statement to prospective purchasers of the Certificates. Authorizing and directing the Finance Director to deem the Preliminary Official Statement final prior to its distribution by the Underwriter. Authorizing the Finance Director to execute certain documents referenced in the Resolution. Approving an agreement with Jones Hall Hill and White as Bond Counsel regarding the sale of certificates of participation for the purpose of financing the project at a fee for legal expenses of approximately $41,200 plus out-of-pocket expenses not-to-exceed $5,000, and authorizing the Finance Director to execute such agreement. Councilman Ehrle seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 176: PUBLIC HEARING ON ABANDONMENT NO, 89-12A; In accordance with application filed by Michael J. Anderson, 4095 East La Palma Avenue, Suite E, Anaheim, 92807, public hearing was held on the proposed Abandonment of a certain easement for alley purposes extending west from State College Boulevard and then extending northerly towards Broadway, pursuant to Resolution No. 90R-79, duly published in the Anaheim Bulletin (April 17, 1990) and notices thereof posted in accordance with law. Report of the City Engineer dated March 7, 1990, was submitted, recommending approval of said Abandonment. Mayor Pro Tem Pickler asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council ratified the determination of the City Engineer that the proposed activity falls within the definition of Section 3.01 Class 5 of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an Environmental Impact Report. Councilman Hunter was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following Resolution was read by the City Clerk. (Resolution No. 90R-119) Councilman Pickler moved to waive the reading in full of the Resolution. Councilman Ehrle seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 367 96 City Hall, Anaheim, California - COUNCIL MINUTES April 17, 1990, 5:30 P.M, Councilman Pickler offered Resolution No. 90R-119 for adoption, approving Abandonment No. 89-12A. Refer to Resolution Book. RESOLUTION NO, 90R-119~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF AN ALLEY LOCATED SOUTH OF BROADWAY, EXTENDING WESTERLY FROM STATE COLLEGE BOULEVARD. (89-12A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Pickler None Hunter Mayor Pro Tem Pickler declared Resolution No. 90R-119 duly passed and adopted. 134/155: PUBLIC HEARING GENERAL PLAN AMENDMENT NO, 291-1 AND 291-2 AND NEGATIVE DECLARATION: INITIATED BY: City of Anaheim 200 South Anaheim Boulevard Anaheim, Ca. 92803 AREA 1; REQUEST: Redesignation from the Medium Density Residential designation to the General Commercial designation. LOCATION - AREA 1: Property is approximately 2.0 acres located west of the northwest corner of Ball Road and Dale Avenue, beginning approximately 180 feet west of the centerline of Dale Avenue, having a frontage of approximately 144 feet on the north side of Ball Road and extending north approximately 590 feet. AREA 2: REQUEST: Redestgnation from the General Commercial designation to the Low Density Residential designation. LOCATION - AREA 2: Property is approximately 0.36 acre located on the southwest corner of Devoy Drive and Dale Avenue, having approximate frontages of 144 feet on the south side of Devoy Drive and 135 feet on the west side of Dale Avenue. ACTION TAKEN BY THE PLANNING COMMISSION; GPA Nos. 291-1 and 291-2 approved (PC90-51) 7 yes votes; approved Negative Declaration. HEARING SET ON: Public hearing necessitated since this is a General Plan Amendment. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 5, 1990. Posting of property April 4, 1990. Mailing to property owners within 300 feet - April 6, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 26, 1990. 368 93 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P.M. Jonathan Borrego, Associate Planner. The subject General Plan consists of two areas - Area 1 which is recommended to be redestgnated from medium density residential to the general commercial designation and Area 2, recommended to be redestgnated from general commercial to low density residential. Mayor Pro Tem Pickler opened the public hearing. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Pro Tem Pickler 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-120) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 90R-120 for adoption, approving General Plan Amendment No. 291-1 and 291-2, Exhibit "A". Refer to Resolution Book. RESOLUTION NO, 90R-120; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELF~fENT OF THE ANAN~IM C~NERAL PLAN DESIGNATED AS AMENDMENTS NO. 291-1 AND 291-2, EXHIBIT "A". Roll Gall Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Pickler None Hunter The Mayor Pro Tem declared Resolution No. 90R-120 duly passed and adopted. 369 94 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P.M. 179: PUBLIC HEARING - ADDENDUM - ENVIRONMENTAL IMPACT REPORT NO, 293 (PREV. CERT,) CONDITIONAL USE PERMIT NO. 3241: OWNER: B.U. Patel and Loren Wagner 650 Town Center Drive Suite 190, Costa Mesa, CA 92626 AGENT: Farano and Kieviet 100 S. Anaheim Boulevard, Suite 340, Anaheim, CA 92805 LOCATION/REQUEST: The property is located at 201 West Katella Avenue. The request is to permit a 12-story, 384-unit hotel. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3241 granted (PC90-47), with modifications to Condition Nos. 8, 15, and 37, and deletion of Condition No. 9 (7 yes votes); approved Addendum to EIR No. 293, including Mitigation Monitoring Program. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Daly and Councilman Hunter at the meeting of March 20, 1990, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 5, 1990. Posting of property April 4, 1990. Mailing to property owners within 300 feet - April 6, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 26, 1990. City Clerk Sohl announced that Mr. Tom Kieviet from Farano & Kieviet, submitted a letter requesting a one week continuance of the public hearing; however, if a continuance is granted, staff would like at least a two-week continuance. Mayor Pro Tem Pickler asked if anyone one was present to speak or if there was an objection to continuing the public hearing; there was no response. MOTION: Councilwoman Kaywood moved to continue the subject public hearing for two weeks, to Tuesday, May 1, 1990 at 6:00 p.m. Councilman Ehrle seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 134/179; REHEARING - CEOA NEGATIVE DECLARATION (READVERTISED). GENERAL PLAN AMENDMENT NO. 272 (READVERTISED), RECLASSIFICATION NO 89-90-23 (READVERTISED), WAIVER OF CODE REQUIREMENT (READVERTISED), CONDITIONAL USE PERMIT NO, 3214 (READVERTISED) OWNER: Jafar Jahanpanah 520 N. Rexford Drive, Beverly Hills, CA 90210 370 91 City Hall. Anaheim. California - COUNCIL MINUTES - April 17, 1990, 5:30 P.M. AGENT: Ronald J. Crowley 1700 Raintree Rd., Fullerton, CA 92635 LOCATION/REQUEST: The property is located at 1585 West Katella Avenue. The request is for a change in zone from RS-10,000 to RM-2400. Petitioner requests an amendment to the Land Use Element of the General Plan proposing a redesignation from the existing Commercial Professional designation to the Low-Medium Density Residential designation. To permit a 24-unit, RM-2400 condominium complex with waivers of maximum structural height, minimum building setback, minimum recreational leisure area, and maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION; GPA No. 272 denied (PC89-295) (4 yes votes, 3 no votes); Reclassification No. 89-90-23 denied (PC89-296) (6 yes votes, 1 no vote); Waiver of code requirement denied (5 yes votes, 2 no votes); CUP No. 3214 denied (PC89-297) (5 yes votes, 2 no votes); Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilman Ehrle at the meeting of December 12, 1989, and public hearing scheduled for January 16, 1990, which was continued from the meetings of January 16 and February 6, 1990 to February 13, 1990. Subsequently a request for a rehearing was submitted by the agent, Ronald J. Crowley, and public hearing scheduled this date. A request for continuance was received by the applicant to continue the meeting for one week. Staff requested further time to review the revised plans which they had not yet seen and public hearing was continued for three weeks to April 17, 1990. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 15, 1990. Posting of property March 13, 1990. Mailing to property owners within 300 feet - March 16, 1990. PLANNING STAFF INPUT: See original Staff Report to the Planning Commission dated December 4, 1989 and subsequent report dated February 6, 1990 to the City Council. City Clerk Sohl announced that a letter was received from Massoud Monshizadeh, requesting a one week continuance of the public hearing. Councilman Ehrle. It was his understanding there were changes in the plan and staff had not had an opportunity to review those changes. Annika Santalahti, Zoning Administrator. The reason staff asked for a continuance to this date originally was so that staff could prepare a report. A report was submitted but it does not have the full information. The additional information is probably going to have to be made verbally next week since there were slight modifications to the staff report. 371 92 City Hall, Anaheim, California - COUNCIL MINUTES April 17, 1990, 5~30 P.M. MOTION; Councilman Ehrle moved to continue the subject public hearing for one week to Tuesday, April 24, 1990 at 6:00 p.m. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 179; ITEMS BI - B12 FROM THE PLANNING COMMISSION MEETING OF MARCH 26, 1990; INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 17, 1990; Bi. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3244 AND NEGATIVE DECLARATION: OWNER: ENDOWNMENT REALTY INVESTORS, INC., 400 S. Hope Street, #600, Los Angeles, CA 90071-2899 AGENT: CALLISON, 950 Sixth Ave., Suite #200, San Diego, CA 92101 LOCATION; 5550 Santa Ana Canyon Road (SOUTHWEST CORNER OF Santa Ana Canyon Road and Imperial Highway) To permit the expansion of an existing commercial retail center with waivers: (a) minimum number of parking spaces (b) minimum structural setback (c) permitted signs, and (d) maximum number of wall signs. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3244 GRANTED, IN PART, (PC90-70) restricting number of units to 3, and condition requiring two to three ft. high hedge along Santa Ana Canyon Road. (7 yes votes) Waivers of code requirement: (a) minimum number of parking spaces (approved) (b) minimum structural setback (approved) (c) permitted signs (approved), and (d) maximum number of wall signs (approved). Approved Negative Declaration. Councilwoman Kaywood expressed concern relative to parking on Santa Aha Canyon Road even now. Traffic Engineer, Paul Singer. This involves the shopping center on the southwest corner and not the northwest. The center has adequate parking at present and even with the addition, he does not anticipate any problem. There is a condition included in the approval that should there be a parking shortage in the future, they will have to provide additional parking which can be done by restrtpping since the current spaces are now under the old 9-foot standards and angle parking. B2, ENVIRONMENTAL IMPACT REPORT NO, 273 (PREVIOUSLY CERTIFIED), SPECIMEN TREE REMOVAL PERMIT NO, 90-2: OWNER: PRESLEY OF SOUTHERN CALIFORNIA, 22699 Old Canal Road, Yorba Ltnda, CA 92686. AGENT: ELFEND AND ASSOCIATES, INC., 4675 MacArthur Court, Newport Beach, CA 92660. LOCATION: Property comprises approximately 229 acres of the northeasterly portion of the Highlands at Anaheim Hills generally bounded on the north by the East Hills Planned Community, on the east 372 89 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P.M. by The Sycamore Canyon Development, on the southwest by the existtnK Anaheim Hills Planned Community and the Mohler Drive residential area, Further described as the Highlands at Anaheim Hills Specific Plan (SP87-1) previously-approved Vesting Tentative Tract Map Nos, 12685, 12688, 12692, 12693 within Development Areas 2, 3, 4, and 5 and Development Areas 6. 7. and 8. Petitioner requests the removal of 64 specimen trees in conjunction with Phase III Mass Grading for tracts 12685-12688, 12692, 12693 and Development Areas 6, 7 and 8. ACTION TAKEN BY THE PLANNING COMMISSION: SPECIMEN TREE REMOVAL PERMIT NO. 90-02 APPROVED (7 yes votes). B3. CONDITIONAL USE PERMIT NO. 3255 AND MITIGATED NEGATIVE DECLARATION: OWNER: L. W. HOWARD C/O TARSADIA, 650 Towne Center Drive, #190, Costa Mesa, CA 92626 AGENT: FARANO AND KIEVIET, 100 S. Anaheim Boulevard, Ste. 340, Anaheim, CA 92805 LOCATION: 1752 South Clementine Street (0,72 acre on the east side of Clementine Street approximately 310 feet north of the centerline of Katella Avenue.) To permit a 130-room, 6-story hotel. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3255 GRANTED (PC90-71) modifications to Monitoring Program; bus bay to be provided within the vicinity of the project to accommodate hotel shuttle buses. (6 yes votes, 1 absent.) Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Kaywood and Pickler, and therefore, a public hearing will be scheduled at a later date. B4. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3256. CATEGORICALLY EXEMPT. CLASS 5: OWNER: DAVID LLOYD, 547 North Janss Way, Anaheim, CA 92805 LOGATION~ 547 N, Janss Way (0.25 acre on the west side of Janss Way approximately 436 feet north of the centerline of Sycamore Street). To permit a "Granny Unit" with waiver of minimum sideyard setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3256 GRANTED (PC90-72) to be recorded guaranteeing unit would be occupied by relative or family member and occupants to be 60 years of age or older. (6 yes votes, 1 absent.) Waiver of code requirement GRANTED. Councilwoman Kaywood. She expressed her several concerns with the request, most importantly that the unit had been added initially without a permit and because the owner is now applying for a permit that it is now ok. 373 9O City Hall, Anaheim, California COUNCIL MINUTES April 17. 1990. 5;30 P,M. Annika Santalahti, Zoning Administrator, also answered questions posed by Councilwoman Kaywood. At the conclusion of discussion and questioning, the item was not set for a public hearing due to lack of concurrence by another Council member. BS, RECLASSIFICATION NO, 89-90-47, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO, 3251 AND NEGATIVE DECLARATION: OWNER: RODRIQUEZ JONES AND COMPANY, INVESTMENT GROUP, A CALIFORNIA LIMITED PARTNERSHIP AGENT: THOMAS P. ELSAESSER, C/O TOIYABE GROUP, 13228 Paramount Boulevard, South Gate, CA 90280 LOCATION: 416 S. Clementine Street (0.68 acre on the east side of Clementine Street approximately 175 feet south of the centerline of Elm Street). For a change in zone from CG to RM-1200; and to permit the construction of a 24-unit, 2-story, deck-type housing apartment complex with waiver of required elevators. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-47 GRANTED (PC90-73). Waiver of code requirement GRAlqTED. CUP No. 3251 GRANTED (PC90-74) (6 yes votes, 1 absent). Approved Negative Declaration. B6 CONDITIONAL USE PERMIT NO. 3249, CATEGORICALLY EXEMPT, CLASS 11: OWNER: ANAHEIM MEMORIAL HOSPITAL ASSOCIATION, A CALIFORNIA NON-PROFIT CORPORATION, Attn: Chris Van Gorder, VP, 1111 W. La Palma Avenue Anaheim, CA 92803 LOCATION: 8201 E, Santa Ana Canyon Road (6.02 acres on the north side of Santa Ana Canyon Road approximately 930 feet west of the centerline of Weir Canyon Road). To permit a temporary modular structure for medical office uses. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3249 GRANTED, for 3 years, (PC90-75) (4 yes votes, 2 abstained, and 1 absent). B7, RECLASSIFICATION NO, 89-90-48, UAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3253 AND NEGATIVE DECLARATION: OWNERS: CENTER PARK INVESTMENTS N.V., 333 City Boulevard West #501, Orange, CA 92668 AGENT: DE BEIRES INVESTMENT CO., 2300 Michelson Drive, #200, Irvine, CA 92715 LOCATION; 1521 North Imperial Highway (4,4 acres located north and west of the northwest corner of La Palma Avenue and Imperial Highway. For a change in zone from RS-A-43,000 (SC) to CL (SC); and to permit a commercial retail center with a semi-enclosed restaurant with "on-sale" alcoholic beverages, with waivers of minimum number of parking spaces, minimum structural setback adjacent to Imperial Highway and prohibited roof mounted equipment. 374 City Hall, Anaheim. California - COUNCIL MINUTES - April 17, 1990, 5:30 P,M. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-48 GRANTED (PC90-76) (6 yes votes, 1 absent). Waiver of code requirement GRANTED. CUP No. 3253 GRANTED (PC90-77) with addition condition requiring reciprocal access easements on both driveways to go with the land. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Ehrle and Kaywood and, therefore, a public hearing will be scheduled at a later date. B8 CONDITIONAL USE PERMIT NO, 3250 AND NEGATIVE DECLARATION' OWNER: BAGGATE FAMILY TRUST, 230 Morning Canyon Road, Corona Del Mar, CA. AGENT: CHRIS AGAJANIAN, 13240 S. Vermont Avenue, Gardena, CA 90248 LOCATION: 1700 South Anaheim Boulevard (0,99 acre on the west side of Anaheim Boulevard approximately 1,220 feet north of the centerline of Claudina Way). To permit an amusement (Go-Kart) facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3250 GRANTED for three years (PC90-78) (5 yes votes, 1 no vote, and 1 absent). Condition no. 19 deleted. Signs to remain as they are existing. Five foot landscaped buffer on Anaheim Boulevard. Approved Negative Declaration. The Planning Commission's decision was appealed and, therefore, a public hearing will be scheduled at a later date. Bg. GENERAL PLAN AMENDMENT NO, 279-1, 2, 3, 4, AND 5 RECLASSIFICATION NO. 89-90-32 AND NEGATIVE DECLARATION: INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Boulevard, Anaheim, CA 92803 Amendment to the Land Use element of General Plan redeslgnating and reclassifying subject areas as follows: Area 1, approximately 2.3 acres generally bounded by Ranta Aha ~treet to the north, Anaheim Boulevard to the east, Water Street to the south and Lemon Street to the west. Excluding the northerly 375 feet and the easterly 160 feet; (Redestgnation from Medium Density Residential to Low Density Residential). (No reclassification proposed in that area.) Area 2, approximately 13.5 acres generally bounded by Water Street to the north, Anaheim Boulevard to the east, Valencia Avenue to the south, and Lemon Street to the west. Excluding the easterly 160 feet and the southerly 285 feet; (Redesignatton from Medium Density Residential to Low-Medium Density Residential); and to reclassify those properties zoned RM-1200 to RM-2400 or a less intense zone, and those properties zoned PD-C to PD-C/RM-2400, or a less intense zone. 375 88 City Hall. Anaheim, California COUNCIL MINUTES - April 17, 1990, 5;30 Area 3, approximately 1.19 acres generally bounded by Santa Ana Street to the north, Claudina Street to the east, Water Street to the south and the alley east of Anaheim Boulevard to the west. Excluding the northerly 360 feet and the westerly 150 feet; (Redesignation from Medium Density Residential to Low-Medium Density Residential); and reclassify all properties zoned PD-C to PD-C/RM-2400, or a less intense. Area 4, approximately 16.4 acres generally bounded by Water Street to the north, Olive Street to the east, South Street to the south and the alley east of Anaheim Boulevard to the west. Also including the area generally bounded by Santa Aha Street to the north of Olive Street to the east, Water Street to the south and Claudina Street to the west. Excepting the northerly 360 feet and the easterly 140 feet; (Redesignation from Medium Density Residential to Low Density Residential); and to reclassify those properties zoned RM-1200 and RM-2400 to RS-7200, or a less intense zone. Area 5, approximately 8.9 acres generally bounded by South Street to. the north, Olive Street to the east, Valencia Avenue to the south and the alley east of Anaheim Boulevard to the west. (Redesignation from Medium Density Residential to Low-Medium Density Residential); and to reclassify those properties zoned RM-1200 to RM-2400. ACTION TAKEN BY THE PLANNING COMMISSION: GPA No. 279-1, 2, 3, and 5 RECOMMENDED APPROVAL - Deleted Area 4 (PC90-79) (6 yes votes, 1 absent). Reclassification No. 89-90-32 GRANTED, as modified - Area 4 deleted, (PC90-80). Approved Negative Declaration. Staff instructed to initiate new GPA and reclassification proceedings for Area 4 and to request City Council public hearing for GPA 279-1, 2, 3, & 5 to be set for same date. Bi0. GENERAL PLAN AMENDMENT NO, 298 AND NEGATIVE DECLARATION: INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Boulevard, Anaheim, CA 92803 Amendment to the Land Use Element of the General Plan redesignatlng subject areas from the Medium Density Residential designation to the Low Density Residential designation. AREA 1: Those 2 parcels consisting of approximately 0.51 acre located on the southwest corner of Terantmar Drive and Western Avenue having combined approximate frontages of 165 feet on the south side of Terantmar Drive and 135 feet on the west side of Western Avenue. AREA 2: Those 2 parcels consisting of approximately 0.36 acre located on the southwest corner of Faircrest Drive and Western Avenue having combined approximate Frontages of 143 feet on the south side of Faircrest Drive and 111 feet on the west side of Western Avenue. 376 85 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 ACTION TAKEN BY THE PLANNING COMMISSION: GPA No. 298 APPROVED (PC90-81) (6 yes votes, 1 absent). Approved Negative Declaration. Set for public hearing before the City Council on May 8, 1990, at 6:00 p.m. due to GPA No. 298. 179/142: REPORTS AND RECOMMENDATIONS: Bll. RECLASSIFICATION NO, 73-74-09 RECOMMENDATION TO CITY COUNCIL PERTAINING TO PROPERTIES ALONG BROOKHURST STREET BETWEEN LINCOLN AVENUE AND CATALINA AVENUE. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council allow rezoning to continue. B12. PROPOSED CODE AMENDMENTS PERTAINING TO SETBACK OF BUILDINGS ABUTTING ONE-FAMILY RESIDENTIAL DEVELOPMENTS; AND REQUIRED REFUSE STORAGE AREAS AND REQUIRED PRIVATE STORAGE AREAS FOR SENIOR CITIZEN'S APARTMENT PROJECTS, ACTION TAKEN BY THE PLANNING COMMISSION: Recommended for approval the following proposed code amendments: Councilman Pickler offered Ordinance Nos. 5119 and 5120 for first reading. ORDINANCE NO, 5119; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND ADDING VARIOUS SUBSECTIONS TO SECTIONS 18.31.063, 18.32.063 AND 18.34.063 OF CHAPTERS 18.31, 18.32 AND 18.34, RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO, 5120; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.94.038 OF CHAPTER 18.94 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 170; ITEM B13 FROM THE PLANNING COMMISSION MEETING OF APRIL 9, 1990: INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 19, 1990; B13. ENVIRONMENTAL IMPACT REPORT NO~ 273 (PREVIOUSLY CERTIFIED), REQUEST TO DELETE CONp~TION OF APPROVAL NO, 118 OF PREVIOUSLy APPROVED VESTING TENTATIVE TRACT MAP NOS, 12685, 12686, 12687 and 12688 OWNERS: PRESLEY OF SOUTHERN CALIFORNIA, Attn: Kevin Sharrar, 22658 Old Canal Rd., Yorba Ltnda, GA 92686 AGENT: FRANK ELFEND, ELFEND AND ASSOCIATES, 4675 MacArthur Court, Ste. 660, Newport Beach, CA 92660 LOCATION; Property comprises four (4) previously-approved vestinm tentative tract maps totaling approximately 221 acres, generally bounded on the north by The Highlands at Anaheim Hills Develovment Area 1, on the west and south by the original Anaheim Hills Planned Community and the Mohler Drive area, on the east by The Highlands at 377 86 City Hall, Anaheim, California - COUNCIL MINUTES - April 17. 1990, 5;30 P.M. Anaheim Hills Qevelopment Areas 6, 7, 9 and 10 and further described as The Highlands at Anaheim Hills Specific Plan previously a~Droved Vesting Tentative Tract Map Nos, 12685, 12686, 12687. and 12688 within Development Areas 2, 4, and 5, Request to delete Condition of Approval No. 118 of previously approved Vesting Tentative Tract Map Nos. 12685, 12686, 12687, and 12688 pertaining to the requirement that the Planning Commission review and approve final grading plans for said tracts prior to issuance of a grading permit. ACTION TAKEN BY THE PLANNING COMMISSION: Request to delete condition of approval APPROVED. End of the Planning Commission Items. 172/179/149; TANDEM PARKING; Councilwoman Kaywood, noting one of the items on the Planning Commission Consent Calendar (B5), stated she thought tandem parking was not permitted underground or in a garage; Paul Singer, Traffic Engineer, stated that it is permitted. At one point staff brought before the Planning Commission a recommendation that tandem parking be limited to 25% of the total parking spaces. At that time the Planning Commission voted in favor and sent the recommendation on to Council, but the Council subsequently did not pass the ordinance. Councilwoman Kaywood. She feels it is time to look at the issue again. The reason tandem parking is proposed in a project is because they do not have enough space. She thought tandem was permitted if it was an open space. It works in single-family residences but not in apartments and cars end up parking on the streets. One car parks in a double space and the other ends up on the street. Councilwoman Kaywood requested that staff look into tandem parking and bring a report back to the City Council; Councilman Pickler seconded the motion. Before further action was taken, Mayor Pro Tem Pickler asked if there were any complaints relative to tandem parking. Paul Singer~ Traffic Engineer. Staff did a survey at one time and sent out numerous letters and had a large response. Uith few exceptions, people that live in areas with tandem parking do not like it. He had previously provided a report on tandem parking and would have to revive it should the Council want an updated report at this time. He will need some time to incorporate the revisions. Mayor Pro Tem Pickler. He recommended that the Traffic Engineer take whatever time is necessary to do so and bring it back to Council at that time. Councilwoman Kaywood then moved that the issue of tandem parking be revisited at this time and that a report be prepared by the Traffic Engineer to be submitted to the Council. Councilman Pickler seconded the motion. 378 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P,M. Before further action was taken, Councilman Daly stated he would like to see staff's analysis of the situation before the Council decides to revisit the Code provisions relating to tandem parking. He clarified what he would like to see was a written analysis of the effectiveness of tandem parking, including all of the various issues the Traffic Engineer feels should be included in the report. By general Council consensus, no further action was taken at this time other than the request for a report from the Traffic Engineer to be formulated as recommended by Councilman Daly. B14 CONDITIONAL USE PERMIT NO. 2461, REQUEST FOR EXTENSION OF TIME: REQUESTED BY: FARANO AND KIEVIET, 100 South Anaheim Boulevard, Suite 340, Anaheim, CA 92805 LOCATION: 300 West Katella Avenue (Riviera Mobilehome Park) CONDITIONAL USE PERMIT NO. 2461 Considering a retroactive time extension - to permit two 14-story, 200-foot high office buildings. The Planning Department recommended denial of the requested extension of time on Conditional Use Permit No. 2461. The Council considered the matter at its meeting of March 27, 1990 along with requests for extensions of time on Conditional Use Permit Nos. 2460 and 2462 relating to the same project which were approved. Further consideration of the requested extension on Conditional Use Permit No. 2461 was continued to this date. MOTION: Councilman Pickler moved to grant the retroactive one year extension of time, to expire October 1, 1990. Councilwoman Kaywood voted no. Councilman Hunter was absent. MOTION CARRIED. 171/103: ACCEPTING PROPERTY TAX REVENUES - MUNICIPAL REORGANIZATION NO. 114 - BUENA PARK LIBRARY DISTRICT ATTACHMENT 90-1; WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-121) 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-121 for adoption. Refer to Resolution Book. RESOLUTION NO, 90R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING PROPERTY TAX REVENUES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Pickler None Hunter 379 84 City Hall, Anaheim. California - COUNCIL MINUTES - April 17, 1990, 5~30 P.M. The Mayor Pro Tem declared Resolution No. 90R-121 dul~ssed and adopted. 179; RESOLUTION NOS. 90R-122 AND 90R-123: Amending Resolution No. 90R-13, nunc pro tunc, in connection with Reclassification No. 88-89-11; and amending Resolution No. 89R-465, nunc pro tunc, in connection with Reclassification No. 89-90-20. WAIVER OF READING RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-122 and 90R-123) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 90R-122 and 90R-123 for adoption. Refer to Resolution Book. RESOLUTION NO. 90R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 90R-13, NUNC PRO TUNC. RESOLUTION NO. 90R-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-465, NUNC PRO TUNC. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Pickler None Hunter The Mayor Pro Tem declared Resolution Nos. 90R-122 and 90R-123 duly passed and adopted. 179: ORDINANCE NO. 5118 ADOPTION: WAIVER OF READING ORDINANCE; The title of the following ordinance was read by the City Clerk. (Ordinance No. 5118) Councilman Pickler moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance No. 5118 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5118: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 89-90-37, property located at 883 South Anaheim Boulevard, from RS-7200 to the CL zone.) 108; ITEM B19 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 5, 1990 - DECISION MADE APRIL 12, 1990, APPEAL PERIOD ENDS APRIL 22. 1990: 380 81 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5:30 P.M. B19, AMUSEMENT ARCADE PERMIT NO. 1005: Application submitted by Concheta Winlein, 1414 Sylvan, Anaheim, Ca. 92804, for Ace Arcade, 2181 W. Katella Avenue, Anaheim, for a proposed amusement arcade to permit 25 to 30 amusement devices at 2181 W. Katella Avenue. Submitted was copy of letter dated April 12, 1990 to the applicant from the Zoning Administrator, informing the applicant that the application was approved. Mayor Pro Tem Pickler. He has a problem with the application and the proposed location of the arcade. Annika Santalahti, Zoning Administrator. The application is for an arcade itself. She wanted to be sure it was on the agenda because opposition was received, although, it did not achieve the 50% required to be set for a hearing before the Zoning Administrator. Council still has an opportunity to set the public hearing on the application. Councilman Pickler set the matter for a public hearing; Councilman Ehrle concurred. Therefore, a public hearing will be set for a later date. 163/114: DISCUSSION - DEVELOPMENT OF ANAHEIM CITY SCHOOL COORDINATING COMMITTEE: Discussion regarding the possibility of developing a formal Anaheim City School Coordinating Committee. Discussion was requested by Councilman Daly at the meeting of March 20, 1990, and subsequently continued from the meeting of March 27, 1990, to this date. Councilman Daly. Regarding the subject, he is going to request the City Manager (James Ruth) to invite the participation of all seven school districts which serve the City, to convene in approximately 30 days along with City representatives and subsequently that they meet on a regular basis. There are many issues and shared concerns between the districts and the City. It is time with the growth of the elementary school system and mutual facility issues with the high school districts to have a formal working committee where school districts and/or the City could put items on the agenda for discussion and then resolution of the issues, concerns, or recommendations would ultimately have to be brought to the school districts and Council for final action. He proposes that initially the group meet on a monthly basis which would eventually evolve into quarterly meetings or even on an as needed basis% There are enough issues in the areas of school facilities, juvenile delinquency, drug abuse, parks and recreation issues, etc. The model for this committee is the excellent parks and recreation relationship existing at present where some of the school districts are represented on the Parks and Recreation Commission. This Commission is installed in the City Charter and there is not a lot of flexibility with that particular Commission right now in terms of involving all seven school districts. He proposes they invite the Superintendent and one Board Member from each of the school districts that serve Anaheim, and on the City's part, include one or two Council Members depending on the interest, and the City Manager. He reiterated he would like to have the initial meeting in 30 days with the City Manager to send a letter to each of the superintendents and invite them to that initial meeting. 381 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5:30 P.M. Councilman Ehrle. He will volunteer to assist in that effort since he was a former school teacher and has a real concern in what is going on in the City schools today. He would also like not only the City Manager to be involved but someone from Parks and Recreation and from the Community Services area in the Police Department since so many issues are gang related, or involve graffiti, working together relative to little leagues, joint use of facilities, libraries, etc. Mayor Pro Tem Pickler. He is in agreement with Councilman Daly's recommendations. If it is going to be the Superintendent and one Board Member, for the City it should be the City Manager and one Council Member. Usually such actions involve the TAC (the Technical Advisory Committee). With the size of the Anaheim Union High School District and other districts, they do represent a big part of the City and it is important. If it is necessary later on to have two Board Members as a liaison that would be fine and the Council could then have two. Councilwoman Kaywood. She has served on the Parks and Recreation Commission for 16 years and there has always been an open invitation to every superintendent and board of every school district but it is difficult to get people to attend because all are very busy and it is not easy setting a time when everyone can meet. Perhaps if they could be encouraged to attend the meetings for the input they give as well as the information they get it helps all. Councilman Daly. He will work with Mr. Ruth to coordinate the first letter of invitation to the superintendents aiming for Wednesday, May 23, 1990 at approximately 7:00 p.m. in the Civic Center. Eventually they may go to morning meetings. He and Mr. Ruth have talked about various Department Heads being involved - Chris Jarvi, Bill Griffith, Joe Molloy. It is a way to bring the elected people together to discuss problems and to make sure everyone is working together. MOTION; Councilman Daly moved that letters of invitation be sent to each of the superintendents of Anaheim's school districts and invite them to the initial meeting as articulated; Councilman Pickler added that the Council delegate to the Committee be Councilman Daly, and the alternate be Bill Ehrle, and thereupon seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 152/123; ANAHEIM YMCA BOXING CLUB - EXHIBITION TOURNAMENTS; Submitted was report dated April 6, 1990, recommending approval of a permit for the Anaheim-YMCA Boxing Club to conduct amateur boxing exhibition-tournaments to be held as part of the Clnco de Mayo festivities. Councilwoman Kaywood moved to approve a permit for the Anaheim-YMCA Boxing Club to conduct amateur boxing exhibition-tournaments to be held as part of the Cinco de Mayo festivities at La Palma Park on May 6, 1990. Councilman Daly seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 382 109 City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1990, 5;30 P.M. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. 114/161: BOARDED-UP HOUSES REDEVELOPMENT AREA; Mayor Pro Tem Pickler expressed his concern over the many empty small homes boarded-up basically in Redevelopment areas. He feels they are an eyesore and a hazard. He would like to see them demolished as soo~ as possible. He asked that staff look into the matter to see what can be done to expedite the process. Assistant City Manager, James Ruth. He will pursue the issue with the Redevelopment staff and report back to the Council. RECESS TO CLOSED SESSION; City Attorney White first stated that he believes it is first Council's intention to recess to Closed Session and then adjourn today's meeting of April 17, 1990 to Tuesday, April 24, 1990 at 3:00 p.m. for a Closed Session. Councilwoman Kaywood moved to recess into Closed Session. Councilman Pickler seconded the motion. Councilman Hunter was absent. MOTION CARRIED. (7:31 p.m.) AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council Members being present, with the exception of Councilman Hunter. (8:20 p.m.) ADJOURNMENT; By general Council consensus the Council adjourned to Tuesday, April 24, 1990 at 3:00 p.m. for the purpose of a Closed Session. (8:21 p.m.) LEONORA N. SOHL, CITY CLERK 383