Loading...
1990/12/18245 C~ty Hall~ Anaheim. California - COUNCIL MINUTES - December 18, 1990, 3:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: COUNCIL MEMBERS: ABSENT= COUNCIL MEMBERS: PRESENTs CITY MANAGER: CITY ATTORNEY: Simpson, Daly, Pickler, Ehrle and Hunter None James Ruth Jack White Mayor Hunter called the adjourned regular meeting to order for a closed session at 3:00 p.m. RECESS - CLOSED SESSION= By general consent the Council recessed to Closed Session to discuss the items listed on the Closed Session agenda of December 11, 1990. (3:00 p.m.) a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46~ Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To meet with its Negotiator regarding the possible lease or sale of land located at 1566 South Douglass Road, Anaheim California, to Ogden Financial Services Inc. or other entity for a multipurpose sports and entertainment arena. e. To meet with its Negotiator regarding the possible purchase of land located at 400 Freedman Way, Anaheim, California from Melodyland Church, Inc. f. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). g. 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 re=ess unless the motion to recess indicates any of the matters will not be considered in closed session. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:59 p.m.) 1171 246 City Hallt Anaheimt California - COUNCIL MINUTES - December 18~ 1990t 3=00 P.M. ADJOURNMENT: Councilman Hunter moved to adjourn the adjourned regular meeting of December 11, 1990 (held December 18, 1990). Councilman Ehrle seconded the motion. MOTION CARRIED. (4:00 p.m. ) LEONORAN. SOHL, CITY CLERK 1172 City Hall. Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. 165 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: COUNCIL MEMBERS: CITY MANAGER: CITY ATTORNEY: CITY CLERK: PLANNING DIRECTOR: DEVELOPMENT SERVICES MANAGER: CHIEF OF POLICE: Simpson, Daly, Pickler, Ehrle, Hunter None James Ruth Jack White Leonora N. Sohl Joel Fick Richard Bruckner Joseph Molloy A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:45 p.m. on December 14, 1990 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 Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. De Sande vs. City of Anaheim et al., Orange County Superior Court Case No. 59-33-05. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To meet with its Negotiator regarding the possible lease or sale of land located at 1566 South Douglass Road, Anaheim California, to Ogden Financial Services Inc. or other entity for a multipurpose sports and entertainment arena. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). f. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. 1173 166 City Hall, Anaheim, California - COUNCIL MINUTES - D~CEMBER 18, 1990t 5:30 P.M. AFTER REC~SS: Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:04 p.m.) INVOCATION: Pastor Ralph Wilkerson gave the Invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition and Congratulations was unanimously adopted by the City Council and presented to Gene Fundum, Lead HVAC Mechanic at Facility Maintenance, upon his retirement after over 31 years of dedicated service to the City and citizens of Anaheim. The Mayor and Council Members personally commended Mr. Fundum who was accompanied by his wife, Joan. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,646,390.13 for the week ending December 14, 1990, in accordance with the 1990-91, budget, were approved. RECESS: By general consent the Council recessed until after the meetings of the Redevelopment Agency, Housing Authority and Anaheim Public Improvement Corporation (APIC) - 6:10 p.m. Mayor Hunter reconvened the City Council meeting. (6:15 p.m.) WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 90R-443 through 90R-450, both inclusive, Ordinance Nos. 5192 and 5193 for adoption, and Ordinance No. 5195 for first reading.) Councilman Hunter moved to waive the reading of the Resolutions and Ordinances. Councilman Ehrle seconded the motion. MOTION CARRIED. CITYMANAGER/DEPARTMENTAL CONSENT CALRNDAR: On motion by Councilman Hunter, seconded by Councilman Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Hunter offered Resolution Nos. 90R-443 through 9OR-450, both inclusive, and Ordinance Nos. 5192 and 5193 for adoption. Refer to Resolution and Ordinance Books. Al. 118: The following claims were filed against the City and action taken as recommended: 1174 163 City Ma~, Anaheim. California - COUNCIL MINUTES - DECEMBER 18, 1990~ 5:30 P.M. Claims rejected and referred to Risk Management. a. Claim purportedly due to b. Claim purportedly due to submitted by Coast Landscape, Inc., for indemnity sustained actions of the City on or about August 17, 1990. submitted by Diedre Simon for bodily injury sustained actions of the City on or about August 11, 1990. c. Claim submitted by Nancy Zepeda for property damage sustained purportedly due to actions of the City on or about September 20, 1990. d. Claim submitted by the City of Fullerton for indemnity sustained purportedly due to actions of the City on or about October 10, 1990. e. Claimsubmitted by Eric and Nora A. Peterson for indemnity sustained purportedly due to actions of the City on or about August 20, 1990. f. Claim submitted by Juan Hernandez for property damage sustained purportedly due to actions of the City on or about June 21, 1990. g. Claim submitted by David G. Johnson for bodily injury sustained purportedly due to actions of the City on or about September 7, 1990. h. Claim submitted by Judy Zigler for property damage sustained purportedly due to actions of the City on or about October 29, 1990. i. Claim submitted by Carol McCoy for property damage sustained purportedly due to actions of the City on or about March 13, 1990. j. Claim submitted by Shelley Marie Holczer for bodily injury sustained purportedly due to actions of the City on or about August 8, 1990. k. Claim submitted by Carol Grosz for property damage sustained purportedly due to actions of the City on or about October 30, 1990. A2. 105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held July 25, 1990. 105: Receiving and filing minutes of the Public Utilities Board special meeting held November 26, 1990. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held November 28, 1990, and December 5, 1990. A3. 169: Approving a Notice of Completion of the construction of Glenview Avenue and Holbrook Street Speed Humps by Excel Paving Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 150: Assessing liquidated damages in the amount of $1,500 and approving a Notice of Completion of the construction of Modjeska Park Pumphouse and Play 1175 164 City Hall, Anaheimt California - COUNCIL MINUTES - DECEMBER 18t 1990~ 5:30 P.M. Area Improvements by Moonlighting Construction, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 169: Approving extension of the contract completion date by 23-days, assessing liquidated damages for 14-days in the amount of $7,000 and approving' a Notice of Completion of the construction of Raymond Avenue Street Improvements (from Chapman Avenue to 91 Freeway) by Vernon Paving; and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 175: Approving Contract Change Order No. 2 in the amount of $22,684.97 in favor of McCalla Brothers for additional work in connection with the rehabilitation of Water Wells 12, 18, 20, 26, 35, and 105. A7. 164: Awarding the contract to the lowest and best responsible bidder, Amah Brothers, Inc., in the amount of $3,902,086.45 for Heritage Place Project. A8. 170: Approving the Final Map of Tract No. 11600 and the Subdivision Agreement with Hill Williams Development Corporation. Said tract is located on the east side of Henning Way south of Trail Drive. A9. 123: Approving the Reimbursement Agreement with Woodcrest Development, Inc., (Weir Canyon Road drainage reimbursement area) and authorizing the Mayor and City Clerk to sign said Reimbursement Agreement. Al0. 123: Approving an Extension Agreement with Orange County Striping Service, Inc., exercising the option of annual renewal of traffic striping maintenance services, and authorizing the Mayor to sign said Extension Agreement. All. 123: Approving three agreements with Concurrent Computer Corporation to extend maintenance and support on the 3212 Processor Computer System hardware, and begin maintenance and support on the Microthree Processor Computer System hardware and the 3212 Processor Computer System software for the traffic management system. A12. 123: Approving an Agreement with Terra Nova Planning and Research, Inc., in an amount not-to-exceed $22,000 for preparation of the required environmental assessment for the Katella Avenue critical intersections with state College Boulevard, Haster Street and Harbor Boulevard. A13. 131: Approving the County of Orange Arterial Highway Financing Program Project Administration Agreement (A.H.F.P.) No. 1282, which provides funding in the amount of $195,000 from the County of Orange and $205,300 from the City for the street improvement project on Harbor Boulevard from Katella Avenue to Orangewood Avenue, and authorizing the Mayor and City Clerk to execute said Agreement. 1176 City Hali..~naheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. A14. 174: TO continue a Disadvantaged Business Program for all projects in the City of Anaheim receiving United States Department of Transportation Funding and establishing a Disadvantaged Business Enterprise goal of 10.00% for the fiscal year ending September 30, 1991. 174: RESOLUTION NO. 90R-443: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL PROJECTS IN THE CITY OF ANAHEIMRECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 10.00% FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991. A15. 170: ORDINANCE NO. 5195 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.06.090 AND 17.06.100 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO ENGINEERING GEOLOGICAL REPORTS AND SOIL ENGINEERING REPORTS. A16. 123: Approving an agreement with A.D. Hinshaw Associates, in an amount not-to-exceed $29,060 for preparation of the required environmental assessment for the La Palma Avenue critical intersections at Kraemer Boulevard, Lakeview Avenue, and Tustin Avenue. A17. 160: Accepting the low bid of Metro Mobile Communications, in the amount of $21,304.30 for radio equipment in Traffic Engineering plus the monthly service costs for a Cel Net dispatch and phone interconnect service through June 30, 1992, in accordance with Bid #4886. Al8. 160: Accepting the low bid of Clippinger Chevrolet, in the amount of $45,480.93 for one each one-ton single-rear-wheel truck with a service body and one each one-ton dual-rear-wheel truck, in accordance with Bid #4885. A19. 160: Accepting the low bid of Villa Ford, in the amount of $87,955.88 for six three-quarter ton pickup trucks, in accordance with Bid ~4887. A20. 160: Accepting the low bid of Downey Auto Center, in the amount of $57,297.44 for one each cargo mini-van and three each passenger vans, in accordance with Bid #4892. A21. 160: Accepting the bid of Haaker Equipment Company, in the amount of $178,171.69 for two each air street sweepers, in accordance with Bid #4891. A22. 160: Accepting the bid of Central Maloney c/o Young Company, in the amount of $7,633 for two each 15 KVA's and two each 37.5 KVA single-phase transformers, in accordance with Bid #4877. 160: Accepting the bid of Kuhlman Electric, in the amount of $50,972.38 for five each 15 KVA's and six each 25 KVA's and fifteen each 37.5 KVA single-phase transformers, in accordance with Bid #4877. 1177 162 City Hallr Anaheimr California - COUNCIL MINUTES - DECEMBER 18. 1990, 5:30 P.M. A23. 160= Waiving Council Policy 306 and accepting the low bid of Chaidez Tree Service, in the amount of $5,100 for tree trimming, in accordance with Bid $4888. 160= Waiving Council Policy 306 and accepting the low bid of Professional Tree Care, in the amount of $29,805 for tree trimming, in accordance with Bid $4888. 160= Waiving Council Policy 306 and accepting the low bid of Edney Tree Service, in the amount of $17,335 for utility line clearing and tree trimming, in accordance with Bid $4888. A24. 123= Accepting the bid and authorizing the execution of an Agreement with Edward Dietrich, dba Precision Rotor Company, in the amount of $93,600 (based on 40 hours per week) plus costs of secondary mechanic, overtime, and holidays when required, for Police Helicopter Maintenance for a period of one year with two one-year extensions, in accordance with Bid $4890. Mr. Raymond Hanna, 8747 Roosevelt, Buena Park, asked to speak regarding the subject bid, stating he feels there are inconsistencies on the award of the bid. Police Chief Joseph Molloy. He gave a detailed explanation giving the reasons why the award of bid is being recommended to go to the Precision Rotor Company of Garden Grove (see staff report dated December 10, 1990) instead of to Mr. Hanna, Aircraft and Helicopter Service, even though his bid was slightly below that of Precision Rotor ($92,019.20 - Aircraft and Helicopter Service - $93,600 - Precision Rotor Company). In summarizing, Chief Molloy stated that Mr. Hanna has limited McDonnell Douglas 500 experience on a part time basis, he does not meet the specifications in the bid for current experience and does not have the qualifications and experience needed as far as the Police Department was concerned to maintain the helicopters in their program. The difference in the cost of the bids submitted was insignificant but at the same time there are some other costs that possibly could bring Mr. Hanna's bid up to an equal amount to the one recommended. Mr. Raymond Hanna. He has been working on the Hughes Model 500 helicopters continuously since 1975. He meets every requirement in the contract. It calls for ten years plus of Hughes 500 time and not Hughes 300 time. He has a continuous eight years of Hughes 300 maintenance time. Even though he does not have any Hughes maintenance schools per se, he did at one time run, and was general manager for, a Hughes Service Center. What has been said about part time is totally unfounded. He emphasized that he can perform as required under the contract. At the time of the vote on the consent calendar items, the Council approved the award of contract as recommended by staff. 1178 C$t¥ Hal~._ADaheimr California - COUNCIL MINUTES - DECEMBER 18~ 1990t 5:30 P.M. A25. 123= Waiving Council Policy 401 and approving and authorizing the execution of a letter agreement with David Taussig and Associates, Inc., for consulting services to assist the City in handling its administrative responsibilities as well as tax rate setting and collection for Community Facilities Districts No. 89-1, 89-2 and 89-3 for a cost not-to-exceed $15,000 per year for CFD 89-1, and not-to-exceed $20,000 per year for CFD Nos. 89-2 and 89-3 plus up to $1,750 per year for out-of-pocket expenses for each CFD. A26. 101: Approving, authorizing and directing execution of a First Amendment to Site Lease and a First Amendment to Lease Agreement relating to the City of Anaheim's 1989 Arena Land Acquisition Project, and authorizing and directing certain actions with respect thereto. (Certificates of Participation - 1990 Arena Financing Project.) 101= Approving, authorizing and directing execution of certain lease financing documents, approving the form and authorizing distribution of a Preliminary Official Statement in connection with the offering and sale of Certificates of Participation relating theretQ, and authorizing and directing certain actions with respect thereto. City Attorney White clarified that the second resolution under this item, in addition to the financing documents listed on the agenda, approves ten agreements or documents enumerated in the staff report dated December 11, 1990, included as part of the agenda packet. Those were not listed specifically; however, the resolution itself does enumerate those ten documents. In addition, there are three other agreements not listed on the agenda that are being approved as part of this item (A26) which are listed in the staff report - those are: (1) an amendment to the Stadium Concessions Agreement, (2) amendment no. i to the agreement regarding architect's fees; and (3) amended and restated agreement relating to the Stadium Concessions Contract. Action on this item will be deemed to include approval of those three additional items, and the ten documents enumerated in staff report dated December 11, 1990. Mr. James Townsend, Chairman of Telephone Taxpayers Committee, 808 North Pine Street, Anaheim. He does not know why it did not go to the taxpayers of the City to determine if the citizens are to finance the arena or not. Considering the fact that a recession may be imminent, that may have a bearing on Anaheim, this is no time to get involved in a promotion like the arena. His group opposes the whole thing. Councilman Pickler voted no on Resolution Nos. 90R-444 and 90R-445. 101: RESOLUTION NO. 90R-444: A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A FIRST AMENDMENT TO SITE LEASE AND A FIRST AMENDMENT TO LEASE AGREEMENT RELATING TO THE CITY'S 1989 ARENA LAND ACQUISITION PROJECT, AND AUTHORIZINGAND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. 1179 160 C$t¥ Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. 101: RESOLUTION NO. 90R-445: A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. A27. 123: Approving an agreement with Anaheim Interfaith Shelter, in the amount of $8,000 for the provision of transitional housing and attendant services for homeless families in Anaheim, and authorizing the Mayor and City Clerk to execute said Agreement. A28. 123: Approving a Thirteenth Agreement for Fair Housing Services with the Fair Housing Council of Orange County, in the amount of $58,424 and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. A29. 113: Approving amendments to the Conflict of Interest Code for the City of Anaheim (effective January 1, 1991). 113: RESOLUTION NO. 90R-446: A RESOLUTION OF THE CITY couNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENTS TO THE CONFLICT OF INTEREST CODE FOR THE CITY OF ANAHEIM. A30. 123: Approving an Attorney Services Agreement with Ernest Brown & Company for services in connection with preparation of construction documents for the Arena project. Councilman Pickler voted no on Item A30. A31. 179: Approving a Negative Declaration, pursuant to CEQA findings, for the Jeffrey-Lynne area Parksite general development, and authorizing the City Clerk to file a Notice of Determination as required by CEQA. A32. 158: Accepting certain deeds conveying certain real properties or interests therein to the City. 158: RESOLUTION NO. 90R-447: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A33. 129: ORDINANCE NO. 5192: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIMAMENDING CHAPTER 6.10 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE DISCLOSURE OF HAZARDOUS MATERIALS. A34. 114: ORDINANCE NO. 5193: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE i OF THE ANAHEIM MUNICIPAL CODE RELATING TO MEETINGS OF THE CITY COUNCIL. 1180 City Ha~i~ Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. 157 114: RESOLUTION NO. 90R-448: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE DAYS AND TIMES OF REGULAR MEETINGS OF THE CITY COUNCIL. A35. 123: Approving a renewal to Office Building Lease with URO Investments, in the amount of $7,621.02 per month for 24 months, for office space at 76 South Claudina (the Kraemer Building) for the Code Enforcement and Fire Prevention staff; and authorizing the Mayor and City Clerk to execute said Lease Agreement. 106: Amending the Resource Allocation Plan by increasing revenues and expenditures in program 01-202-6701 by $11,618.18. A36. 123: Approving a Fifth Amendment to the agreement with Spencer Sports Media to extend the term of the contract for advertising at the Convention Center and allow Spencer Sports to subcontract with local advertisers for advertising services at the Convention Center. A37. 101: Awarding the contract to the lowest and best responsible bidder, Maryland Sound, Inc., in the amount of $1,356,369 for Anaheim Stadium Sound System Restoration Project. A38. 106: Amending the Stadium's Resource Allocation Plan by appropriating $5,000,000 in revenues from the Stadium's new food and beverage concessionaire, and $2,231,379 in expenditures for repairs and improvements to Anaheim Stadium. Councilman Pickler voted no on Item A38. A39. 000: Establishing the green fees and cart rental fees to be charged at the H.G. "Dad" Miller Anaheim Municipal Golf Course and the Anaheim Hills Golf Course. 000: RESOLUTION NO. 90R-449: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE GREEN FEES AND CART RENTAL FEES TO BE CHARGED AT THE H.G. "DAD" MILLER ANAHEIM MUNICIPAL GOLF COURSE AND THE ANAHEIM HILLS GOLF COURSE. A40. 175: Approving a three-year lease in the amount of $45,554 with two one-year optional extensions for approximately 992 square feet at the First Interstate Bank complex on Harbor and Broadway, and authorizing the Public Utilities General Manager to execute said lease. A41. 153: RESOLUTION NO. 90R-450: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL AND CLERICAL UNIT, AND THE CITY OF ANAHEIM. 1181 158 C~t¥ Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. A42. 123: Approving the Professional Services Agreement with Michael Brandman Associates and the Reimbursement Agreement with Disney Development Company, and authorizing the Mayor to execute said documents. A43. 158: Authorizing the City Manager or his designee to execute a Right of Entry concerning Assessor's Parcel No. 253-521-10 - requestor, James H. Kitchens Company. City Manager Ruth referred to report dated December 18, 1990 from the Community Development Department regarding item A43, noting that this issue arose after the agenda deadline for the December 18th Council meeting and that action needs to take place today in order to accommodate the request. City Manager Ruth noted that each year the James H. Kitchens Company obtains dirt from the Root property to be used for the Mickey Thompson Off-Road Grand Prix Event at Anaheim Stadium. This site was recently purchased by the City and, therefore, the request for right of entry to the City by the Kitchens Company. Roll Call Vote on Resolution Nos. 90R-443, 90R-446 through 90R-450, both inclusive, and Ordinance Nos. 5192 and 5193: AYES= NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter. None None The Mayor declared Resolution Nos. 90R-443, 90R-446 through 90R-450, both inclusive, and Ordinance Nos. 5192 and 5193 duly passed and adopted. Roll Call Vote on Resolution Nos. 90R-444 and 90R-445: AYES: NOES: ABSENT: 'COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter Pickler None The Mayor declared Resolution Nos. 90R-444 and 90R-445 duly passed and adopted. End of Consent Calendar. Councilman Pickler voted no on Items A30 and A38. MOTIONS CARRIED. 163: CITY/SCHOOLS COORDINATING COMMITTEE PROGRESS REPORT: Submitted was report dated December 3, 1990 from the City Manager, James Ruth, recommending that the Council receive and file the City/Schools Coordinating Committee Progress Report attached to his memorandum. Councilman Tom Daly. He asked that this item be tabled until later in the meeting. 1182 Cit~ Hal'~._.~naheim, California - COUNCIL MINUTES - DECEMBER 18t 1990, 5:30 P.M. Later in the meeting (8:21 p.m.) Councilman Daly briefed the subject progress report noting that in May, 1990 the Committee had its first meeting. At that time, he had asked the Council's permission for the City Manager and him to begin a series of meetings with all seven school districts which serve Anaheim. That is the primary reason he (Daly) asked that process begin. Thus far, they have met three times. The next meeting is scheduled in January. There has been excellent representation from six of the seven school districts. The Orange Unified School District had been very busy and not yet able to attend but he understands that they have appointed a representative. A lot of progress has been made with the six school districts in terms of sharing information and beginning to aim towards some problem solving. He then explained some of the things that have occurred since the Committee has been formed as well as some of the issues that will be in the forefront in the .coming year. Another progress report will be scheduled in four or five months. He noted that the meetings are held in the conference room on the sixth floor of the Civic Center and that anyone is welcome to attend these public meetings. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2963 AND NEGATIVE DECLARATION: AGENT: Rodolfo Montejano The Ross Professional Center 856 North Ross Street, Suite 250 Santa Aha, California 92701 LOCATION: The property is located at 3242 West Lincoln Avenue. The business is Games Plus on the southeast corner of Lincoln Avenue and Westchester. REQUEST: The petitioner requests deletion of Condition No. 11 (Resolution No. 88R-14) for a non-expiring extension of time to CUP No. 2963 which permits on-sale beer in an existing billiard parlor and amusement arcade, with waiver of minimum number of parking spaces on CL zoned property. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 6, 1990. Mailing to property owners within 300 feet - December 6, 1990. Posting of property December 7, 1990. PLANNING STAFF INPUT: See staff report dated December 9, 1990 from the Zoning Administrator recommending that the Council deny the request for deletion of Condition No. pertaining to time limitations with possible extensions and granting a time extension to expire January 12, 1992. APPLICANT'S STATEMENT: Rodolfo Montejano, Attorney, representing the applicant, 856 North Ross Street, Santa Aha. This matter has come before the Council for the last three or four years. The Council approved 1183 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. the Conditional Use Permit but with a one year expiration annually to be renewed prior to January 12th each year. He is before the Council for the annual review and for an extension of the Conditional Use Permit for one more year. In addition this year he is seeking the elimination of the one year expiration requirement. He ia requesting a review the same as applied to all other similar establishments serving beer and wine throughout Anaheim. He does not know if the CUPs of all such establishments are on an annual basis or if they expire subject to renewal. Mrs. Peters and her son have been running a good business with no problems. No problems have been identified in the past year. He is requesting continued renewal of the CUP and that the business be placed on a aimilar review period as all other establishments whatever that might be. City Attorney White. The item before the Council is two fold - the existing Conditional Use Permit contains an expressed condition that provides that the permit will expire on January 12, 1991. In order to grant an extension of time, it is necessary for the Council to conduct a hearing in order to extend the expiration date. The second purpose is a request by Mr. Montejano for the applicant to delete the existing condition that requires an expiration of the permit, i.e., to avoid the necessity of having an annual or other periodic review. Relative to other such permits, each individual piece of property in the City is regarded by law as being unique and there is no universal format regarding renewal. The Council has established a periodic review by way of condition on some permits while on others no such review is required. John Poole, Code Enforcement Manager. Staff has surveyed the neighborhood and found that most people are concerned if the Conditional Use Permit is approved for more than a year, that problems such as those that occurred in the past will reappear. There are only two businesses that said there were no problems at all. The concerns are with people hanging around the business and drinking outside. To be fair, it cannot be said that those incidences are attributed to the subject business. There have been improvements in the area since the CUP has been granted on a year-to-year basis. Mr. Montejano. He is not present to create a major issue. They are agreeable to staff recommendations at this time but for the next time are asking that the Council take a closer look and if the situation warrants that they receive a longer review period or a non-expiring one subject to review if problems occur. PUBLIC DISCUSSION IN FAVOR: None 1184 City Hal _~naheim, CalSfornia - COUNCIL MINUTES - DECEMBER 18. 1990. 5:30 P.M. PUBLIC DISCUSSION IN OPPOSITION: None COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, 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 - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-451) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-451 for adoption, granting Conditional Use Permit No. 2963 for one year to expire January 12, 1992. to Resolution Book. Refer RESOLUTION NO. 90R-451: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2963 FOR ONE YEAR ONLY. (To expire January 12, 1992.) Roll C~ll Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 90R-451 duly passed and adopted. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3345 AND NEGATIVE DECLARATION: OWNER: Peckham Family Trust Attention: William Hockenberry 180 East Main Street, Suite 170 Tustin, California 92680 AGENT: William Hockenberry 180 East Main Street, Suite 170 Tustin, California 92680 LOCATION/REQUEST: The property is located at 700 East Katella Avenue and contains 2.15 acres with a frontage of 184 feet on the south side of Katella 1185 154 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990t 5:30 P.M. Avenue and approximately 420 feet west of the centerline of Lewis Street. The request is to permit a truck sales and repair facility, with waiver of minimum number of parking spaces and minimum landscaped yard area. ACTION TAKEN By THE PLANNING COMMISSION: Conditional Use Permit No. 3345 GRANTED (for five years) (P¢90-254) with proposed new pole sign and no dedication (4 yes votes, 3 no votes). Waiver of code requirement APPROVED - applicant to improve landscaping and bring it up to City standards subject to the Planning Department's approval. Approved Negative Declaration. HEARING SET ON= A review of the Planning Commission's decision was requested by Council Members Pickler and Ehrle at the meeting of November 27, 1990 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET Publication in Anaheim Bulletin December 6, 1990 Mailing to applicants within 300 feet - December 6, 1990 Posting of property December 7, 1990 PLANNING STAFF INPUT: See staff report to the Planning Commission dated November 5, 1990. APPLICANT'S STATEMENT: William S. Scully, Jr., President, Los Angeles Freight Liner, GMC Trucks, 2429 South Peck Road, Whittier. He is speaking in support of the application. As presented at the Planning Commission, they believe they have proposed a use of the property that would be very beneficial to the City and a high level image business at that address. They have demonstrated to the Council through the renderings provided and submitted today (made a part of the record) the way they propose to use the property. They have also hired a professional landscape architect to assist them. They have submitted a letter outlining the use of the property. (See letter dated December 12, 1990 from Mr. Scully - previously made a part of the record.) He emphasized that the business is dramatically different than the truck use immediately next door to the subject property. They are not a truck yard or repair facility. Staff has indicated the use will probably be for a period of five years. Cal Trans is ¢0ndemning a large portion of the property. He understands there is going to be restructuring of the intersection at Lewis and Katella. They are providing a use for the property by a profitable employer in Orange County for a period of five years pending the anticipated taking by Cal Trans. Cal Trans is aware of their move and the need to use the property and have consented in writing to their use of the subject property. 1186 Citv Hall, Anaheimt California - COUNCIL MINUTES - DECEMBER 18f 1990t 5:30 P.M. 15] Councilman Pickler. He has no concerns about Mr. Scully's firm but he looks at the property as the entrance to the City's Commercial Recreation area where the City is trying to enhance and upgrade the whole area. Trucks, traffic and circulation are a problem in that area even now. He does not believe the subject use will enhance the area. Mr. Scully emphasized that they are distinctly different from any type of trucking company. They are a commercial truck dealership unlike a car dealership where the public would be visiting the facility. There would not be heavy traffic. They do expect customers to come and have their trucks repaired and purchase parts. One of the main portions of the business is parts distribution and a larger percentage of that is handled by their own distribution. The use they would put the property to would be an attractive use by a successful employer. It would be one with landscaping up to City standards and represent a prestigious product. Councilman Daly. Relative to the five year time frame of Cal Trans, he has seen reports at the County Transportation Commission that there is an accelerated program to buy right-of-way £or the I-5 widening. He asked to hear from staff. John Lower, Principal Transportation Planner. The environmental clearance is pending and once that is received, Measure M fast track projects include right-of-way acquisition for this segment of I-5. Answering Councilman Daly, Joel Fick, Planning Director, explained when it is known that the taking of property by Cal Trans is imminent, those parcels have all been dealt with on an individual basis and generally conditioned accordingly. The City Attorney and Planning Director then answered additional questions posed by Council Member Daly wherein the City Attorney stated that what had been done in the past in similar situations where it is known that a property is subject to being acquired imminently is to limit the period of time for which the permit is granted. That decision needs to be supported by something other than the fact that Cal Trans or any other entity may acquire the property through eminent domain. The Planning Director stated that traditionally staff notifies Cal Trans when such a development proposal is received. Cal Trans answered in this case that the proposed land use was a displaced one from another Cal Trans project in Santa Aha and that they (Cal Trans) do not either object to or support the use. However, the date of their letter was October 3, 1990, which was before the November election and the passage of Measure M. 1187 City Hallt Anaheim. California - COUNCIL MINUTES - DECEMBER 1990, 5:30 P.M. William Scully. The property is important to them for a limited period only giving them an opportunity to put their long range planning into effect. The property is going to be valued for its highest and best use and valued as a raw piece of property of perhaps even less value because of the tenancy and because of the building on it. They determined they will have projected sales during the five year period of $40,650,000. They have an annual payroll of $1,028,000. they have 28 employees now that they need to move to the new location. Failing the ability to use the property they will have big problems. City Attorney White. One way to address the situation is to ask the applicant if he would be willing to stipulate that if the permit is granted, he would waive any right to additional compensation in any acquisition of the property by Cal Trans or any other public entity that would be attributable to an increase in price relating to granting the permit. It would be clear if the Council grants the permit they would not be inflating the value of the property for purposes of an acquisition by Cal Trans. Councilman Ehrle. His concern is similar to Councilman Pickler's. The property is right at the entry way to the platinum triangle area. He is concerned about Katella not just because of this parcel but the entire Katella strip. He is also concerned with the five year duration and might go along with something less than that. He does not want to discourage GMC from locating in Anaheim. If the project is improved, the Economic Development staff should work to find a permanent home that would be as suitable for a major facility as the one being proposed so that there will be good planning for auto centers to be in one place and truck centers in another. Craig Morris, 24922 Dana Maple, Dana Point. He works with Grubb and Ellis in Irvine and represents the owner of the property, Dick Peckham. The 2.4 acres is probably worth $1.8 or $2,000,000 empty. With the property leased it is about $1.2 million. The purpose of doing a lease for Mr. Peckham is that it is a long term holding. They, therefore, made a long term decision on the basis of holding the property and not on the basis of whether the property would be taken by Cal Trans or not. That property is for the purpose of the City making a contribution. It will be a lot cheaper with Los Angeles Freightliner on that property than it is vacant. Someone ought to look into that. Richard Peckham, owner, 1111 East Howell. The family has owned the property since 1955. There are permitted uses on the property which would cause more traffic and be more unsightly 1188 City Hal~=_ _Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990f 5:30 P.M. 149 than a GMC dealership. In checking, he has found Los Angeles Freightliner to be financially responsible, the operation is clean and well maintained, and they are good tenants and good neighbors in all their locations. Their use of the property is not only in the best interest of himself as the owner but it is in the best interest of the City. His intent in the future is to develop the property to its highest and best use. At present they are not in a position to do anything because of the freeway taking part of the property. If the City does not grant the permit, they are losing the tenant that is there although he is not happy with that tenant. If there is no tenant, the alternative is a vacant piece of property that becomes unsightly and a hazard, will not be in the best interests of the City and will not produce any revenue for the Peckham family or the City. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Simpson, 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-452) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Simpson seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-452 for adoption, granting Conditional Use Permit No. 3345, but for a three year period, since Council Members Pickler and Ehrle felt that three years would be appropriate. Refer to Resolution Book. RESOLUTION NO. 90R-452: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3345. Before action was taken, Mr. Scully stated they are making a substantial investment in moving to the property and three years will make it extremely difficult. It might be tantamount to a disapproval because that short time frame will not justify the investment. 1189 150 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. Further Council discussion then followed relative to the time limit, whether three or five years. Mr. Peckham interjected and stated that if the proposed future tenant desired five years to make it financially palatable to them and if they know that Cal Trans is going to negotiate for the property within that five year period, it is in the lease that they can get out of the lease if they are forced to move before then. If Cal Trans comes through earlier than five years, the tenant will be gone. If later, they will have to come back and get an extension of the permit. Mayor Hunter then amended his resolution as follows: granting Conditional Use Permit No. 3345 for five years. A vote was then taken on the foregoing resolution, amended. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter Pickler None The Mayor declared Resolution No. 90R-452 duly passed and adopted. Before concluding, Councilman Daly noted that there are probably between 400 and 500 pieces of property between the 22 and 91 freeways that are going to be acquired by Cal Trans over the next two to five years. As a governing body, they have a commitment to improve the interchange at Katella, Harbor, Ball Road, etc. They need to have the entire context before them when they make those decisions - exactly what Cal Trans is up to and the state of negotiations. He asked for a report from staff in the future on how they can work with Cal Trans to accomplish their goals as well as the City's goals. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3315 AND NEGATIVE DECLARATION: OWNER: First Church of the Nazarene Attention: Reverend Jarrel Garsee 1340 North Candlewood Street Anaheim, California 92805 LOCATION/REQUEST; The property is located at 1322 and 1326 Norwood Street and 1323, 1327 and 1340 Candlewood Street, and is approximately 3.68 acres located at the northerly terminus of Norwood and Candlewood Streets and located approximately 390 feet north of the centerline of Kenwood Avenue. The request is to permit temporary modular structures and the expansion of an existing church and child day care center with waivers of minimum number of parking spaces and minimum setback for institutional uses and maximum structural height. 1190 City Hai~ %naheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. 147 ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3315 DENIED (PC90-255) (5 yes votes, i no vote, and i abstained), Waiver of code requirement DENIED, Negative Declaration DENIED. HEARING SET ON: A letter of appeal was submitted by the owner of the First Church of the Nazarene and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 6, 1990. Mailing to property owners within 300 feet - December 6, Posting of property December 7, 1990. 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated November 5, 1990. It was determined by a show of hands that approximately 100 people were present on this item. The Mayor asked to hear from a spokesperson from those in favor and those in opposition when the public hearing is opened. APPLICANT'S STATEMENT: Jarrel Garsee, Senior Pastor, First Church of the Nazarene. They have always included the people of the community in the planning process. During the process they have placed the building in three different locations on the property in order to meet the needs of the neighbors. The third and final positioning of the building is the one presented tonight in the plan before the Council which was posted on the Chamber wall. They have made a good faith effort to meet the needs of their neighbors. Traffic has been raised as a highly emotional issue. When the Church moved into the site, it drastically reduced the traffic level in the community. Their current level is about 15% below what it was in 1982 to 1985. Traffic would be further diminished when the day care center operation is suspended on Friday, December 21, 1990. The proposed building does not increase the sanctuary seating. The moral and ethical stand of the Church insures no dancing, drinking or disruptive activities/behavior will take place on the property. The neighbors are concerned they are becoming a break-away growth situation. They now have a 20 year record of responsible, considerate ministry at the present location. The building as proposed will also beautify the community's visual attractiveness. He thereupon presented two renderings of the proposed building as well as petitions from 128 Anaheim residents and 180 members of the congregation in favor of the proposed plan. Allen Brown. He is a Brea resident and attends the Church of the Nazarene. As Chairman of the Building Committee, they have 1191 148 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. studied the future direction of the Church and in 1986 committed to stay in the present location instead of moving to east Anaheim as other churches have done. In order to do so and to accommodate their needs, it is necessary to build a family life center to house their activities. It is not their intent with this facility or in the future to start any kind of school educational program outside of Sunday School. Other concerns were traffic and the possibility of commercial use - renting the property for an eating place or banquets not Church sponsored, rock concerts, dances or unsupervised activities. The Church only gains income from tithing and not through commercial ventures such as hiring out their facilities, bake sales, etc. It will not be used for commercial purposes. Another concern was parking. Staff requested an independent study. There will be objections raised from the community that parking has been a problem. The Church believes there are still repercussions from the former use. For the last 20 years, the City has not received complaints relative to parking on the streets. The Planning Commission also indicated this was a poor location for a Church and inappropriate for the neighborhood. They believe churches should be in family residential neighborhoods. Relative to the request that they find access to East Street, they made an offer to one of the houses on East Street which was more than market value and the gentleman has not responded to the Church. The Church will commit itself in the future to continue to find through access to East Street. The proposed building will replace the temporary modular buildings for the purpose of a Fellowship Hall for Church members. They are requesting an affirmative vote of the Council. Rick Conklin, architect, with a national practice specializing only in churches. The facilities were prepared on the basis of standard church design. Working from the proposed plan, he then explained the three sites which were proposed for the building in the planning process and why they chose the final site. He also addressed the traffic which they feel will always be an issue in the community; however, it is not increased traffic that they will be looking at with the proposed plan. If traffic is divided evenly, there will be an increase of nine or ten cars on Norwood and Candlewood. Relative to parking, the findings of the independent Traffic Engineer, Weston Pringle, estimate that parking needs will be 192 when the facilities are completed. There are already 203 parking spaces existing on the site. At no time has the Church used all of those spaces. They have actually provided 261 spaces on-site but in doing so have removed two residences which they do not want to do. If the City Engineer persists in his findings, that would be necessary. The aesthetics of the project have been carefully studied to 1192 City Hall,. Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. compliment the existing buildings. It will make the facility more attractive from all angles, the neighbors' as well as the community traffic. It was determined by a show of hands that approximately 80 to 90 people were present in favor of the project; Mayor Hunter asked to hear from those in opposition. Mr. Ed Hartnell, 1313 Candlewood. He outlined the concerns of the neighborhood, reading from a prepared statement. They are concerned with the preservation of their single family neighborhood. Most of the residents have lived in their homes for 25 and 30 years. They are present to add credence to the three denials by the Planning Commission concerning the proposed building program of the Nazarenes. They do not want traffic to be their number one problem. The home owners of Anaheim Gardens have become the victims of the Candlewood Christian Center and now the Nazarene. Church's inability to project their expansion needs buildingwise. The Church's lack of concern about accessibility from a secondary arterial indicates lack of understanding, concern or unwillingness to admit that the wrong land parcels were purchased. A summary of additional concerns expressed was as follows: the Nazarenes are a commuter Church with 95% of their members not living in the immediate area and 50% out of the City. To move into this neighborhood without a demonstration of sensitivity and responsibility to maintain the domestic tranquility and safety on those narrow streets is not correct. Their master plan is incompatible with single family residences and the narrow streets. The plans to tear down tract homes and build a tall gymnasium Fellowship Hall and a new 800 foot sanctuary will bring growth and more traffic to Kenwood, Norwood and Candlewood. Their intent is to buy out the whole neighborhood. The residents take umbrage to that statement of intent. The owners of Anaheim Gardens respectfully request that the Anaheim City Council uphold the findings and decisions of the Planning Commission. The home owners invite the Council to plan with them in preventing the Nazarene Church from quenching the spirit of peace and tranquility of Anaheim Gardens by its encroachment and planned systematic dismemberment of their single family residential neighborhood. Gerald Tighe, 1322 Candlewood. He first submitted documents to the Council, the first page entitled, "The Neighborhood Objects" (made a part of the record). If the Church is allowed to build a new building, it will have a negative impact on their environment. He then briefed some of the statements made by the 1193 City Hall, Anaheimr California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. Planning Commission at their meeting when they voted for denial of the proposal. If the plan is implemented, there will be a decrease of traffic on Candlewood and a major increase on Norwood. Members of the Church feel it is a good idea because it is not in their neighborhood. It is a commuter Church and very few families who attend live An the area. The Planning Commission three times overwhelmingly denied the Church permission to build. For the sake of the whole neighborhood, they hope the Council agrees with the decision of the Planning Commission. SUMMATION BY APPLICANT: Pastor Garsee announced that Mr. Jerry Sneegas would give the summation. Jerry Sneegas, 6971 Via E1 Estrebo. As an Anaheim resident since 1957, he has had an opportunity to watch the City grow and change - change is what the proposal is all about. He then gave an historic overview leading to what has brought them to this point in time. Some neighbors are still protesting'the fact that the Church property was ever permitted to be developed as a Church to begin with. There have been no problems before it became an issue relative to traffic. It is unrealistic to think of this property being developed in single family homes. This decision will likely be the determining factor of the future of all the properties involved. If the appeal fails, there will be some changes in the neighborhood. The Church may likely put all the properties on the market and seek a new home elsewhere. It would seem then that the most lawful use of the property abutting the freeway would be multi family residences and that is not a threat. They feel they have explored all their options. Dr. Garsee. Relative to parking, their independent traffic consultant has indicated there would be no need to tear down the two houses to provide additional parking. He agrees with Gerald Tighe on the matter. If they do not tear those down, they are not in violation of any of the original deed restrictions. If the Council saw fit to put a review on the parking situation at some future point, the Church would be willing to abide by that. COUNCIL ACTION: Mayor Hunter closed the public hearing. Mayor Hunter. The statement was made that if the 3.6 acres were sold, those properties would probably go to multi family use because there would not be a market for single family homes by the freeway. He feels it is not a threat but a fact of life. He then explained a similar situation that occurred in his 1194 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. neighborhood where he himself spoke against the building of a church facility across the road from his home. He was wrong because the church has proven to be a good neighbor and none of the things the neighbors thought were going to happen materialized. In this case the Church has been willing to work with the neighbors and have tried to do something with a house on East Street to gain access to and from the Church property. He feels if the project is approved they would not want the Council to allow parking on property facing Norwood and Candlewood in order to maintain the look of the single family neighborhood. He is in favor of approving the project but not the taking of single family homes that face the residential areas and that all parking take place within the Church property. Councilman Pickler. He too would like to see those houses remain. The Nazarene Church has been a good neighbor and will continue to be so. He firmly believes churches belong in residential areas. He sees them moving into industrial areas, and he gets very concerned. The Church is eliminating child care and has reported that only nine or ten more cars will be traveling the streets to and from the Church. Everybody has everything to gain and nothing to lose. Councilman Ehrle. He feels churches have always been an asset to a community and has always voted for churches in neighborhoods and will continue to do so. He also feels that the property, if not approved for the subject use, could possibly go to multiple family use - perhaps 50 or 60 condominiums and he does not feel that would assist the neighborhood. He sees the proposal as a plus for the neighborhood. Councilman Daly. The first permit for a church for the property was granted in 1961. There are many neighborhoods in Anaheim where there are schools and churches with access through residential neighborhoods. What convinces him on the project is the improvement and beautification of a Church that has been there for 30 years. He also feels that if the Church were to relocate, the likely land use would possibly be residential. He did not hear an argument that the Church owned houses in the neighborhood were a problem. The resident~ know who the owners of the property are. They are not absentee landlords as are so many properties in Anaheim. He was impressed with the improvement plan proposed. Ne would encourage the neighbors to continue working with the Church leaders to try and establish the best working relationship possible. Councilman Daly then suggested that if approved, a condition be added that the parking situation be revisited by City staff in 1195 Cit? Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. two years so that if there are problems, a solution can be found. Councilman Pickler. He feels that an access from East Street would be ideal and if it is something that can happen in the future, the Church should continue to pursue that possibility. City Attorney White. Relative to parking, it is his understanding that existing parking would be parking provided in conjunction with the proposed expansion and not the additional parking proposed on the two additional home sites. Annika Santalahti, Zoning Administrator. That would constitute a reduction of approximately 30 parking spaces. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Hunter, 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-453) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution no. 90R-453 for adoption, granting Conditional Use Permit No. 3315 subject to City Planning Commission conditions but that the single family homes are not to be removed for parking and that parking is to be revisited by staff in two years to determine if there are any problems associated therewith. Refer to Resolution Book. RESOLUTION NO. 90R-453: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3315 SUBJECT TO CERTAIN PLANNING COMMISSION CONDITIONS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 90R-453 duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes. (8:09 p.m.) 1196 City HalZ. Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 14] 1990, 5:30 P.M. AFTER RECESS: The Mayor called the meeting to order all Council Members being present. (8:21 p.m.) 179: ITEMS BI - B4 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 29, 1990 - DEC~SION DATE: DECEMBER 6, 1990 - INFORMATION ONLY - NOTE: APPEAL PERIOD ENDS DECEMBER 21, 1990: BI. VARIANCE NO. 4099 AND NEGATIVE DECLARATION: OWNER: GROVE CONSTRUCTION, P.O. Box 759, Smith River, Attention: Cal Brown. AGENT: MYLES A. BRADLEY, 495 North Handy, Orange, CA CA 95561, 92667. LOCATION: 1177 North Grove Street. Property is approximately 5.1 acres located on the northwest side of Grove Street approximately 950 feet north of the centerline of La Palma Avenue. Waiver of minimum number of parking spaces to construct a new 13,800 square foot building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4099 APPROVED (ZA90-112). Approved Negative Declaration. B2. VARIANCE NO. 4101, CATEGORICALLY EXEMPT, CLASS 3: OWNER: HILL WILLIAMS DEVELOPMENT, 175 Riverview Drive, #200, Anaheim, CA 92808. AGENT: FRANK GONZALES AND ASSOCIATES, 1336 Chapman Avenue, Orange, CA 92666. LOCATION: 350 South Hidden Grove Lane and 6260 East Fox Glen Drive. Property is approximately 2.27 acres located at the southeast corner of Hidden Grove Lane and Fox Glen Drive. Waiver of maximum structural height to construct two (2) single-family structures. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4101 APPROVED modified condition (ZA90-113). B3. CONDITIONAL USE PERMIT NO. 3366 AND NEGATIVE DECLARATION: OWNER: TONG SOON PARK, 1712 Wyckersham, Fullerton, CA 92633. AGENT: MING LAI, 511 West Glenoaks, #334, Glendale, CA 91202. LOCATION: 1523 West Katella Avenue. Property is approximately 0.57 acre located at the northeast corner of Katella Avenue and Bayless Street. To permit on-sale beer and wine with waiver of minimum number of parking spaces. 1197 142 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18~ 1990~ 5:30 P.M. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Conditional Use Permit No. 3366 APPROVED modified condition (ZA90-114). Approved Negative Declaration. B4. ADMINISTRATIVE ADJUSTMENT NO. 0053, CATEGORICALLY EXEMPT, CLASS 5: REQUESTED BY: DR. APUL J. DAVID, C/O JEFFREY L. FARANO, 100 South 'Anaheim Boulevard, Anaheim, CA 92805. LOCATION: 895 South East Street. Property is approximately 1.27 acres located north and west of the northwest corner of Vermont Avenue and East Street. Waiver of minimum number of parking spaces (34 parking spaces required, 32 proposed) to establish an industrially related chiropractic clinic. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0058 GRANTED (ZA90-115). END OF THE ZONINGADMINISTRATOR ITEMS. ITEMS B5 - B12 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 3, 1990 - INFORMATION ONLY - NOTE: APPEAL PERIOD ENDS DECEMBER 25, 1990: B5. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3357 AND NEGATIVE. DECLARATION: OWNER: CHRIS DAGLAS 15924 Aurora Crest, Whittier, CA 90605 · AGENT: CHANGIZ ZOMOREDIAN, 705 South Neptune, Anaheim, CA 92804. LOCATION: 100 South Brookhurst Street, Units G and H. Property is approximately 0.41 acre located at the southeast corner of Lincoln Avenue and Brookhurst Street. To permit an auto stereo and auto alarm installation store with waiver of minimum number of parking spaces and minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3357 GRANTED, for nine years (PC90-270) with the conditions that this be only for installation of auto stereo, radio, alarm and telephone; and that if the CUP is to terminate at some time, that the roll-up door be replaced with a normal store front. (6 yes votes, I no vote). Waiver of code requirement APPROVED. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Pickler and Daly, and therefore, a public hearing will be scheduled at a later date. 1198 City Hall. Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 139 1990, 5:30 P.M. B6. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3359 AND NEGATIVE DECLARATION: OWNER: BILL TAORMINA/ANAHEIM DISPOSAL,1 2761 Whitestar Avenue, Anaheim, CA 92806. AGENT: WILLIAM WINN/ANAHEIM DISPOSAL, 2761 Whitestar Avenue, Anaheim, CA 92675 LOCATION: 2751-2781 East White Star Avenue. Property is approximately 11.5 acres located on the west side of Blue Gum Street, approximately 32 feet north of the centerline of La Palma Avenue. To permit the expansion of a recycling/resource recovery transfer facility with waiver of (a) minimum number of parking spaces (GRANTED), (b) minimum landscaped area adjacent to the freeway (GRANTED), (c) maximum fence height (DENIED) and (d) required improvement of parking areas (GRANTED). ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3359 GRANTED, IN PART, with waiver (a) minimum number of parking spaces (GRANTED), (b) minimum landscaped area adjacent to the freeway (GRANTED), (C) maximum fence height (DENIED) and (d) required improvement of parking areas (GRANTED) (PC90-271) (6 yes votes, i abstained). Waiver of code requirement APPROVED, IN PART, waivers (a), (b) and (d) GRANTED, waiver (c) DENIED. Remove 5-foot fence around the parking area. Approved Negative Declaration. B7. CONDITIONAL USE PERMIT NO. 1215 AND NEGATIVE DECLARATION: OWNER: KENNEY GOLF ENTERPRISES INC., 1486 Enderby Way, Sunnyvale, CA 94087 LOCATION: 3200 Carpenter Avenue. Property is approximately 5.89 acres located on the south side of Carpenter Avenue, approximately 55 feet east of the centerline of Shepard Street. To permit a 9,804 square-foot addition to an existing clubhouse (for an additional arcade and snack bar area). ACTION TAKEN BY THE PLANNING COMMISSION: The City Planning Commission recommended the City Council set this item for public hearing due to revised plans. Approved Negative Declaration. The item was set for public hearing, as recommended by the Planning Commission, to be held January 15, 1991. B8. WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3362 AND NEGATIVE DECLARATION: OWNER: ANAHEIM-KOREAN PRESBYTERIAN CHURCH, 1408 South Euclid Street, Anaheim, CA 92802 AGENT: HOPE UNIVERSITY-UNICO NATIONAL COLLEGE, P.O. Box 4818, Anaheim, CA 92803 1199 140 Citv Hall. Anaheim~ California - COUNCIL MINUTES - DECEMBER 18. 1990, 5:30 P.M. LOCATION: 1408 South Euclid Street. Property is approximately 3 acres, located at the northeast corner of Buena Vista Avenue and Euclid Street. To permit a private fine arts college for gifted persone with mental retardation, with waiver of (a) minimum number of parking spaces, (b) required setback for playground, (c) maximum fence height and (d) maximum structural height adjacent to single-family zoning. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3362 GRANTED, no time limit (PC90-272) (7 yes votes), waiver of code requirement APPROVED, approved Negative Declaration. B9. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3363 AND MITIGATED NEGATIVE DECLARATION:' OWNER: CANYON WEST AND VINEYARD MINISTRIES, 333 East Cerritos Avenue, Anaheim, CA 92805. AGENT: Phillip R. Schwartze, 27132 Paseo Espada, Suite 1222, San Juan Capistrano, CA 92675. LOCATION: 5300-5340 East La Palma: Property is approximately 16.8 acres located approximately 141 feet on the west side of La Palma Avenue and approximately 141 feet west of the centerline of Brasher Street. To permit a church facility with waivers of minimum number of parking spaces and permitted hours of operation. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit no. 3363 GRANTED (PC90-273) (7 yes votes), waiver of code requirement APPROVED, approved Mitigated Negative Declaration. Councilman Pickler expressed his concerns with the hours of operation. Also, he has been to the facility at Cerritos and Anaheim Boulevard and has noted that the special functions held bring in thousands of people. Those things concern him in the industrial area. Once an allowance is made for one, it is going to have to be done for all. Mr. Phil Schwartze, representing Vineyard Ministries. Relative to the hours of operation waiver, there are very small groups of approximately 30 that meet at the facility during the week. Their normal Church operation is on the weekend. They are also asking for a waiver in that there are some days there is a Church event which is not on the weekends such as at Christmas which this year is on a Tuesday. It is not the intention of the Church to conduct a major event during the week at the Church. Big conferences are held at the Anaheim Convention Center. They have had such events from time to time in the past where people also come from outside the area. There are thousands of parking spaces at the facility and more than enough to handle the operation but it is 1200 City Hai~..Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. not the intent to hold those large functions at the facility. It is not a temporary facility but a permanent one which will include TV studios, print shops and all other functions that go with the Church. Councilman Pickler asked staff if they saw a problem with the hours of operation - prayer meetings t1:00 a.m. to 12:00 noon Monday, Wednesday and Friday and 7:00 a.m. to 8:00 a.m. Tuesday and Thursday. Annika Santalahti, Zoning Administrator. Mr. Schwartze did comment on the numbers of people which was a condition not incorporated into the Planning Commission Resolution. In this instance, this facility would be entirely the Church. Ail the others before have been in an industrial complex using one unit or so. Councilman Daly. He notes one of the conditions states subject to a three year time period. Annika Santalahti. That is correct and that is consistent with the current ordinance; Mayor Hunter noted that they can also come back and ask for at least two time renewals and maybe more. Councilman Ehrle. He would like to have a report from A1 McCord, Economic Development Manager some time in the next three months on the northeast industrial area - the number of companies, the employment base a year ago, today and projections for the future, etc. Richard Bruckner, Development Services Manager. The Redevelopment Agency is undertaking a land use and traffic study including economic background data and will be presenting preliminary data to the Redevelopment Commission at their meeting tomorrow. In the near future, they will be scheduling sessions to discuss these issues with the Council/Agency. No further action was taken on Conditional Use Permit No. 3363. B10. CONDITIONAL USE PERMIT NO. 3365 AND NEGATIVE DECLARATION: OWNER: STANTON MAY, M.D., 1570 E. Glenoak Blvd., Glendale, CA 91206 AGENT: GEORGE SADAGHIANA, 700 N. Harbor Blvd., Anaheim, CA 92805 LOCATION: 1808 North National Street. Property is approximately 0.45 acre located approxlmately 104 feet on the east side of National Street and approximately 180 feet north of the centerline of Liberty Avenue. To retain a 324 square-foot spray booth. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3365 GRANTED (PC90-274) approved Negative Declaration. (7 yes votes), 1201 138 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P,M. Bll. 166: PROPOSED CODE AMENDMENT PERTAINING TO THE PROHIBITION ROTATING OR REVOLVING SIGNS - SIGNS - SECTION 18.05.064.060: ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED. Councilman Hunter offered Ordinance No. 5196 for First Reading. Refer to Ordinance Book. ORDINANCE NO. 5196: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, AMENDING, AND REPEALING VARIOUS SECTIONS AND SUBSECTIONS OF CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO SIGNS. B12. 170: AMENDMENT TO ANAHEIM MUNICIPAL CODE CHAPTER 17.06 TO PROVIDE FOR THE CITY ENGINEER TO APPROVE OR DENY WAIVERS OF ANY REQUIREMENT OF THIS CHAPTER: ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED. Councilman Hunter offered Ordinance No. 5197 for First Reading. Refer to Ordinance Book. ORDINANCE NO. 5197: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 17.06 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GRADING. End of the Planning Commission items. B13. 179: RECLASSIFICATION NO. 86-87-14 AND VARIANCE NO. 3611, REQUEST FOR EXTENSIONS OF TIME: REQUESTED BY: THOMAS KIEVIET, FARANOAND KIEVIET (on behalf of the Desai Family), 100 S. Anaheim Blvd., Suite 340, Anaheim, CA 92805. LOCATION: 2240 West Lincoln Avenue. Property consists of approximately 0.8 aore located 160 feet southerly of the south side of Lincoln Avenue and 530 feet west of the centerline of Brookhurst Street. Petitioner requests an extension of time for Reclassification NO. 86-87-14 and Variance No. 3611, retroactive to February 3, 1990, and to expire February 3, 1992. Reclassification No. 86-87-14 is for a change in zone from CL to RM-1200 and Variance No. 3611 is to construct a 34-unit affordable ' apartment complex with code waivers of required lot frontage, minimum site area per dwelling unit, maximum building height and maximum site coverage. This matter was continued from the meeting of December 4, 1990 to this date. 1202 City Hai~..&naheimm California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. Councilman Pickler. He would like this matter continued until the end of January. He has a problem he would like to discuss with staff. He believes the three properties involved are owned by one person and he would like to see a viable project developed on the property. City Attorney White. If the extension is approved, then the existing Reclassification Resolution of Intent and Variance would expire and it would then be necessary to file new applications. At that point, there would be another de novo hearing on the project. The issue as to whether or not the Council grants the extension should be guided by a determination as to whether there are any changes in the area or facts or circumstances surrounding the properties that would indicate the Council should look at the project afresh as opposed to simply granting the extension of existing development rights. The Council could continue the matter to a later date. MOTION: Councilman Pickler moved to continue the request for extensions of time on Reclassification No. 86-87-14 and Variance No. 3611 until Tuesday, February 5, 1991. Councilman Hunter seconded the motion. MOTION CARRIED. B14. 179: RECLASSIFICATION NO. 89-90-34 AND VARIANCE NO. 4013, REQUEST FOR EXTENSION OF TIME: The extension of time was requested by Shirley O'Connor, William Lyon Company, 4490 Von Karman, P.O. Box 7520, Newport Beach, CA 92658-7520. The location of the property is 625 North Valley Street (Brookhollow Apartments). The petitioner requests a one year extension of time to expire February 13, 1991 for Reclassification No. 89-90-34 and Variance No. 4013. Councilman Daly noted that in this case if the time extension is granted to expire February 13, 1991, that is only seven weeks away; Annika Santalahti, Zoning Administrator. She clarified that, in fact, the extension should be to February 13, 1992 and not 1991. MOTION: Councilman Daly moved to approve the requested extension of time on the subject reclassification and variance to expire February 13, 1992. Councilman Ehrle seconded the motion. MOTION CARRIED. B15. CONDITIONAL USE PERMIT NO. 3145 - REQUEST FOR EXTENSION OF TIME: The request was submitted by Frank Shiring, Jr., Wounded Knee Saloon, 815 South Brookhurst, Anaheim, CA 92804. The property is located at 815 South Brookhurst Street. The petitioner requests an extension of time (retroactive to September 5, 1989, and to expire January 18, 1991 for Conditional use Permit No. 3145. Annika Santalahti, Zoning Administrator. She noted in this case the extension is only to January 18, 1991 since the condition to be met only involved a fee for tree planting and there is no problem in getting the check for the tree within 30 days. 1203 136 City Hall, Anaheim~ California - COUNCIL MINUTES - DECEMBER 18, 199Qf 5=30 P.M. MOTION= Councilman Hunter moved to approve the extension of time on Conditional Use Permit No. 3145 to expire January 18, 1991. Councilman Ehrle seconded the motion. MOTION CARRIED. B16. 179: VARIANCE NO. 3842 - REQUEST FOR EXTENSION OF TIME= The request was submitted by T. Lawrence Jett, L & J Anaheim Associates, 1090 North Western Avenue, Suite 204, San Pedro, CA 90732. The property is located at 1221 South Harbor Boulevard (Travel Lodge Hotel). The petitioner requests an extension of time (retroactive to November 8, 1990 to expire November 8, 1991) to comply with conditions of approval on Variance No. 3842. City Clerk Sohl. If the Council is satisfied with the information they have and are willing to act on this matter tonight, Mr. Jett advised her that he is agreeable with the new condition recommended by staff in report dated December 11, 1990 from the Zoning Administrator but was unable to be present tonight. However, if the Council wishes to speak with him, he asks that the matter be continued to January 8, 1991. Joel Fick, Planning Director. Answering Councilman Pickler relative to parking, the number of spaces were specifically addressed when they did their expansion and they worked with Traffic Engineering. Staff does not have a problem with the total number. Because of the code change to the size of the spaces, staff is recommending a new condition that will be in compliance and the applicant is agreeable according to the City Clerk. It may well require them to do a re-layout of the back portion. MOTION: Councilman Hunter moved to approve the requested extension of time on Variance No. 3842 but with the additional condition recommended by staff in report dated December 11, 1990. Councilman Ehrle seconded the motion. MOTION CARRIED. B17. 179: REQUEST FOR REHEARING ON CONDITIONAL USE PERMIT NO. 2973 AND NEGATIVE DECLARATION: The request for a rehearing was submitted by the owner, Orkin Inc., c/o Thrifty Oil Company, Attention: A. W. Johnson, Jr., 10000 Lakewood Boulevard, Downey, CA 90240. The property is located at 304 South Magnolia Avenue at the southeast corner of Broadway and Magnolia Avenue. The original request under Conditional Use Permit No. 2973 was to amend conditions of approval to allow off-sale beer and wine at the subject gasoline service station. The Planning Commission denied the request which was then appealed to the City Council who also subsequently denied CUP No. 2973 under Resolution No. 90R-406 at the Council meeting of November 13, 1990. A request for rehearing was submitted by the owner, Thrifty Oil Company. Mayor Hunter asked if anyone was present; no one was present. MOTION: Councilman Hunter moved to deny the request for rehearing on Conditional Use Permit No. 2973 since it was given a full hearing. Councilman Daly seconded the motion. Councilman Pickler abstained since he was not present at the meeting of November 13, 1990. MOTION CARRIED. 1204 129 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. ~18. AMENDING RESOLUTION NOS. 90R-312 AND 90R-313, NUNC PROP TUNC: Councilman Daly asked for clarification on the proposed resolution. Joel Fick, Planning Director. This refers to an amendment to a reclassification approved by the City Council a short while ago. Drawings were presented as exhibits. Subsequently there was some confusion because the applicant did not address specific conditions about the applicability of original conditions recommended in the staff report. It is staff's belief after reviewing the record, minutes and exhibits that the changes are consistent with the approval and are recommending that those be done in a nunc pro tunc fashion. Councilman Daly. He is going to vote no as he does not like some of the precedents in the item. He disagrees with the proposed changes in the tract map process. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-454) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-454 for adoption, amending Resolution Nos. 90R-312 and 90R-313, nunc pro tunc in connection with Reclassification No. 90-91-1 and Conditional Use Permit No. 3299. Refer to Resolution Book. RESOLUTION NO. 90R-454: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ANAMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN RECLASSIFICATION NO. 90-91-1 AND CONDITIONAL USE PERMIT NO. 3299 AND AMENDING RESOLUTIONS NO. 90R-312 AND 90R-313. Roll Call Vote: AYES= NOES~ ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Pickler, Ehrle and Hunter Daly None The Mayor declared Resolution No. 90R-454 duly passed and adopted. 179: ORDINANCE NO. 5194 - ADOPTION: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5194) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Pickler seconded the motion. 1 MOTION CARRIED. 1205 130 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 18, 1990, 5:30 P.M. Councilman Pickler offered Ordinance No. 5194 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5194: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.96.039 OF CHAPTER 18.96 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NO. 4086, NUNC PRO TUNC. (Pertaining to landscape requirements for deck-type housing.) Roll Call Vote: AYES: COUNCIL MEMBERS: Simpson, Daly, NOES: 'COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pickler, Ehrle and Hunter The Mayor declared Ordinance No. 5194 duly passed and adopted. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. RECESS - CLOSED SESSION: By general consent the Council recessed to closed session to consider the balance of the items under the Closed Session agenda (8:57 p.m.) AFTER RECESS: The Mayor called the meeting to order all Council Members being present. (10:29 p.m.) ADJOURNMENT: By general consent the Council adjourned. LEONORA N. SOHL, CITY CLERK (10:30 p.m.) 1206