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1989/08/08City Hall, ~nahetm, California - COUNCIL MINUTES August 8, 1989, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood ABSENT: COUNCIL MEMBERS: Hunter PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER: Paul Singer MAINTENANCE OPERATIONS MANAGER: Bob DeSio A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:30 p.m. on August 4, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem Kaywood called the meeting to order at 12:00 noon. 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. b. To discuss labor relations matters - Government Code Section 54957.6. c. To discuss personnel matters Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To meet with its negotiator rearing possible acquisition of land from the Phoenix Club located at 1566 Douglass Road, Anaheim, California. . f. To consider 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 G10sed Session. AFTER RECESS: Mayor Pro Tem Kaywood 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. (1:46 p.m.) INVOCATION; Reverend Don Halboth, St. Paul's Presbyterian, gave the invocation. FLAG SALUTE; Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 788 City Hall, A~aheim, California - COUNCIL MINUTES August 8, 1989, 1~30 P.M. 119; PRESENTATION INTRODUCTION OF NEW CITY EMPLOYEES; City Clerk Leonora Sohl stated that there are a number of employees participating in the orientation program who are present in the Chamber audience'. New employees will be introduced and after their names are announced, will be asked to stand and remain standing until all have been introduced. At the conclusion of announcing the names of the new employees, they were welcomed by the City Council. 119; PRESENTATION - NORTH ORANGE COUNTY LANDFILL SITE; Bob DeSio, Maintenance Manager. On August 16, 1989, the Orange County Board of Supervisors will receive study recommendations for proposed landfill sites. The Department of Maintenance has arranged for a presentation by representatives from the County of Orange, Environmental Management Agency (EMA), explaining the 10-Location Study and the Alternative Technologies. Jerry Mitchell and Barbara Shelton will make the presentation. Upon completion, the Council may wish to direct staff to inform the Board of Supervisors of their concerns regarding this matter. Jerry Mitchell, Orange County Environmental Management Agency. He will give a presentation on the North Orange County Landfill and Alternative Technologies Study (NOCLATS) which was prepared by the County of Orange EMA by Michael Brandman Associates (see report of same title dated June, 1989, made a part of the record). The Board of Supervisors will hold a public hearing on August 16, 1989 to decide which phase of alternatives will be included in the EIR study. (The subject report is Phase I report Volume I - Evaluation of Landfill Sites and Technology Alternatives). The second phase will be the EIR process. Mr. Mitchell then briefed the report which gave background information, agency responsibilities, an overview of the study process and objectives, evaluation of alternatives, discussion of Alternative Technologies and conclusions. The report also includes a summary table of landfill sites ratings by technical area as well as an overall assessment of sites (Page ES-5). He identified the ten proposed sites indicating the acreage and potential of those sites. (See Table 2-23 - Page ES-5). In concluding his presentation, Mr. Mitchell stated that staff will be recommending to the Board on August 16, 1989 a designation of the existing Olinda/Alpha Site No. 1, Gypsum Canyon Site No. 6 and West Freemont Canyon Site No. 10, as the primary landfill alternatives for the study in the Phase II EIR. Relative to Alternative Technologies, staff will be recommending consideration be given to those technologies in the EIR Document. After the presentation, questions were posed to Mr. Mitchell by Council Members. Upon conclusion, the Council thanked Mr. Mitchell for his presentation. 119: PRESENTATION - CERTIFICATES OF RECOGNITION; Certificates of Recognition were awarded to John Garusillo, for his service as a City Planning Commissioner, and to Mr. Stan Pawlowski for his service as a representative on the City's Economic Development Board. 789 City Hall, ~naheim, California COUNCIL MINUTES - August 8, 1989, 1:30 P.M. 119: PRESENTATION - INTRODUCTION OF 20 JAPANESE EXCHANGE STUDENTS FROM MITO, JAPAN AND DECLARATION OF WELCOME: Mrs. June'Lowry, Anaheim Sister City Committee Representative, first introduced Noriko Konoboshi, Leader and Interpreter of the exchange group as well as presenting the exchange students from Mito, who were on a cultural exchange program. She (Lowry) is working with the students and the President of the Sister City Committee, Mr. Len Lawlcki, who is doing the hosting this year. Ms. Konoboshi gave a brief presentation noting that 1989 marks the 100th anniversary of the municipality of Mlto, Japan. Mayor Pro Tem Kaywood welcomed the delegation on behalf of the Council and the City and then read a Declaration of Welcome which was unanimously adopted by the City Council welcoming each of the student visitors and their leader. 119: PROCLAMATION; The following proclamation was issued by Mayor Pro Tem Kaywood and authorized by the City Council: Cancer Detection Month in Anaheim - September, 1989. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held July 18, 1989. Councilman Daly seconded the motion. Council Members Ehrle and Pickler abstained since they were not present at that meeting. Councilman Hunter was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,570,260.00, in accordance with the 1989-90 Budget, were approved. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-346 and 89R-347 for adoption) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. Councilman Hunter was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler, 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 Pickler offered Resolution Nos. 89R-346 and 89R-347 for adoption. Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Frederick M. Beam II for bodily injury sustained purportedly due to actions of the City on or about March 2, 1989. b. Claim submitted by Captain John M. Wilson Jr. for property damage sustained purportedly due to actions of the City on or about June 19, 1989. 790 City Hall. Knaheim, California - COUNCIL MINUTES - August 8, 1989, 1~30 P,M. c. Claim submitted by Lisa Jovale Cortez for property damage sustained purportedly due to actions of the City on or about June 4, 1989. d. Claim submitted by Virgil Encarnacion for property damage sustained purportedly due to actions of the City on or about May 21, 1989. e. Claim submitted by Advertising Attractions for property damage sustained purportedly due to actions of the City on or about February 26, 1989. Application for Leave to Present Late Claim - Denied: f. Claim submitted by Adam Roulston for wrongful death sustained purportedly due to actions of the City on or about October 16, 1989. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held June 15, 1989. 105: Receiving and filing minutes of the Parks and Recreation Commission meeting held June 21, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held July 12, 1989. A3. 123: Approving a First Amendment to Agreement with BSI Consultants, to provide the additional services for landscaping and irrigation facilities plan checking and general public works inspection as required, at an increased fee not to exceed $200,000 per year. A4. 123: Approving a First Amendment to Agreement with Willdan Associates, at an increased fee not to exceed $200,000 per year, to provide the additional services for landscaping and irrigation facilities plan checking and general public works inspection as required; and approving the new hourly rate schedule for the period of August 1, 1989 through July 31, 1990. A5. 160: Waiving Council Policy 306 and accepting the ~ow bid, without advertising, of Pirelli Cable Corporation, in an amount not to exceed $61,428.60 for 5,200 feet of 15 k'V 350 KCMIL cable, all in accordance with bid #4706. A6. 160: Accepting the bid of Matztnger & Keegan Company, in an amount of $67,734 for two each power circuit breakers used at transformer bank, in accordance with bid ~4709. 160: Accepting the bid of Westinghouse ABB Power T & D Company, in an amount of $149,541.62 for four power circuit breakers used for capacitor bank, in accordance with bid ~709. A7. 160: Accepting the low bid of Alert Coatings, in the amount of $36,558 for painting 739 metal street light standards within the City of Anaheim, all in accordance with bid #4713. 791 City Hall, ~aheim, California - COUNCIL MINUTES - August 8, 1989, 1;30 AS. 101.123: Approving an agreement with Jones Hall Hill &White to employ them as bond counsel regarding the sale of the certificates of participation for the purpose of financing the Sports Arena project at a contingent fixed fee of $75,000, plus reimbursement for out-of-pocket costs, not to exceed $5,000. Mr. Walter Borman, 2856 West Lincoln. Me asked for an explanation of the item which was given by the City Attorney. A9. 123: Approving an Affordable Housing Agreement proposed with Century West Development, Orange County, Inc., and Schultz Fairhaven - 89 for four one-bedroom affordable units (out of 17 units) on property located at 530-540 North Fairhaven Street. AiO. Urban Forestry Grant Program - California Wildlife Coastal & Park Land Conservation Bond Act of 1988. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar.) Ail. 123: Approving an agreement with the Digital Equipment Corporation for service on computer equipment used in connection with the integrated library system, and authorizing the Library Director to execute the agreement on behalf of the City. Al2, 153: RESOLUTION NO, 89R-346; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 6, PERMIUM PAY AS SET FORTH IN RESOLUTION NO. 88R-166. (To include part-time Aquatics recreation classifications as exempt from overtime payment as provided for under Fair Labor Standards Act Regulations.) Al3. 175: Approving the attendance of one member of the Public Utilities Board at the American Public Power Association's "Policy Makers Workshop" at an approximate cost of $1,531 to be held at Marco Island, Florida, September 21 through September 23, 1989, as recommended by the Public Utilities Board. Darrell Ament, Assistant General Manager/Finance & Administration, explained for Councilman Pickler that Bob Kazartan will be attending the workshop and a report will be reflected in the minutes of the Public Utilities Board meeting. Al4. 123: Approving a Rental Agreement with Grand Hotel A~sociate~, Inc., at an approximate cost of $4,500 to allow the Convention Center to coordinate the use of its property for occasional, temporary truck marshalling purposes. Mr. Walter Borman, 2856 West Lincoln. He asked for an explanation of the item which was given by the City Manager. Al5. 123: Approving an agreement with Cycom Data Systems, Inc., for computer support services to be used in the City Attorney's office, and authorizing the City Attorney to sign said agreement on behalf of the City of Anaheim. 792 City Hall, Anaheim, California COUNCIL MINUTES - August 8, 1989, 1~30 P.M. Al6. 123: Waiving Council Policy 401 and approving an agreement with Safety Management Consultants to provide City-wide safety and loss prevention services at a daily rate of $270 and a not-to-exceed annual cost of $62,370 effective August 9, 1989. Al7, 158; RESOLUTION NO, 89R-347; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood None Hunter The Mayor Pro Tem declared Resolution Nos. 89R-346 through 89R-347, both inclusive, duly passed and adopted. End of Consent Calendar. Councilman Hunter was absent. MOTIONS CARRIED. Al0, 150/109; SUBMITTAL OF APPLICATION FOR PROJECT FUNDING UNDER THE URBAN FORESTRY GRANT PROGRAM; Submitted was report dated August 1, 1989, from the Director of Parks, Recreation & Community Services, Chris Jarvt, recommending approval of submittal of the subject application. Councilman Daly. As pointed out in the subject report from Mr. Jarvi, there are 10,000 street tree vacancies in Anaheim at present along residential and arterial streets. He is asking that staff devise an aggressive plan to address this deficiency recognizing that the City is working on approximately 10% of that deficiency in the current budget year. He feels it is important that they become aggressive in that area and that staff bring back any ordinances that might be necessary in developing a tree program. Councilman Pickler. Anaheim has many needs. Before asking staff to pursue this issue in an aggressive manner, he would first like.to have an overall picture relative to the City's needs so that priorities can be set. Councilman Daly. He is not suggesting any specific level of funding. He just wants facts, figures and an analysis by staff to develop a concept to be considered by the Council in light of other budgetary needs. Answering Councilman Ehrle, City Manager Simpson explained a number of items will be considered under the Vision 2000 Program which is scheduled to be discussed by the Council on August 22, 1989 along with budget enhancement packages and recommendations. Staff will be asking Council consideration on those items. It may be that some of the information Councilman Daly is requesting is readily available and staff might be able to have that information at that time if the Council wants to defer discussion until then. At that time if a more definitive study is needed, Council can decide if they wish to move forward. 793 City Hall, ~naheim, California - COUNCIL MINUTES August 8, 1989, 1;30 P,M, WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-345) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. Councilman Hunter was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-345 for adoption, approving the application for grant funds for the Urban Forestry Grant Program under the California Wildlife, Coastal, and Park Land Conservation Bond Act of 1988 for the Anaheim Reforestation Beautifying our Roadways Program (ARBOR), as recommended in memorandum dated August 1, 1989 from the Director of Parks, Recreation & Community Services. RESOLUTION NO, 89R-345; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION BOND ACT OF 1988 FOR THE ARBOR (ANAHEIM REFORESTATION BEAUTIFYING OUR ROADWAYS) PROGRAM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood None Hunter The Mayor declared Resolution No. 89R-345 duly passed and adopted. MOTION; Councilman Pickler moved to authorize the City Manager to sign the application and act as the City's representative in all matters concerning the application. Councilman Ehrle seconded the motion. Councilman Hunter was absent. MOTION CARRIED. MOTION: Councilman Pickler moved to amend the Resource Allocation Plan appropriating $90,000 in expenditures and $50,000 in re%~enues to Program 242. Councilman Ehrle seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 105; RESIGNATION COMMUNITY SERVICES BOARD; Councilman Pickler moved to accept the resignation of Steven A. Mendoza, Community Services Board, and directed the City Clerk to post notice of an unscheduled vacancy. Councilwoman Kaywood seconded the motion. MOTION CARRIED. A letter of thanks is to be sent to Mr. Mendoza for his services on the Board. 144: ANAHEIM REPRESENTATIVE TO THE EASTERN-FOOTHILL TRANSPORTATION CORRIDOR AGENCY; Councilman Daly moved to appoint Councilman Irv Pickler as Anaheim's representative to the Eastern Foothill Transportation Corridor Agency. Councilwoman Kaywood seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 794 City Hall. Ahahetm, California COUNCIL MINUTES August 8, 1989, 1;30 P,M, Councilman Pickler moved that Councilman Ehrle be the alternate Anaheim representative on the subject Agency. Councilman Daly seconded the motion. Councilman Hunter was absent. MOTION CARRIED. 127: DISCUSSION - POTENTIAL ACTION - PLACEMENT OF BALLOT ISSUE ON THE NOVEMBER. 1989 BALLOT; Mr. Wesley Willard, 320 North Park Vista Street. He is present on behalf of the Anaheim Political Action Committee (APAC) to speak against depriving Anaheim citizens from electing their Mayor. APAC questions bringing forth this issue in the absence of Mayor Hunter who is accessible and listens to the electorate. Ben Bay, 2148 West Grayson. He is present mainly to urge the Council again to strongly consider going back to the original method within the Charter of selecting the Mayor which handled the Mayor's appointment and the will of the majority of the Council. Former Mayor Bay then outlined his reasons summarized as follows why it should be put on the ballot, not that this should be the only issue placed on the ballot. The Council may wish to come up with two or three ~ays to solve the dilemma: The original City government set up by the City Charter is a Council-Member form of government and never intended that the Mayor be separate from the Council. The Mayor is one member of five. With an elected Mayor, every two years a political division arises across the Council. It casts a false image to the people that because they vote for the Mayor separately, he/she has more power. That is not true and should not even be implied with a Council/Manager form of government. The City's Charter form of government says that the Mayor will be the ceremonial Head of the Council and normally speak for the Council and City. He feels it is extremely important that whoever the Mayor is serve at the pleasure of the majority of the Council, one reason being the tremendous amount of additional campaign money needed to be raised every two years ranging between $200,000 and $300,000. Under the City's form of government, policy decisions are made by a majority of five Council Members. He feels the Mayor should be serving at the pleasure of at least three members of the Council because in that way the Mayor will be speaking 90% of the time as a majority of the Council, speaking for the Council which ~peaks for policy-making of the City. He urged the Council whether the issue is put on the November ballot or future ballots but certainly prior to the next City election that they put choices on that ballot and let the people decide. It will take more than just putting the issue on the ballot because the pro and con arguments of electing a Mayor or letting the Council go back and select should be expressed across the City and the people should be knowledgeable of the government in the City. If choices are put on the ballot, that a choice be included of going back to the way it was before, since that was the intention of the City's for~ of government, that the Mayor be selected and serve as a ceremonial Head and speak for the Council. Answering questions posed by Councilman Daly, Mr. Bay stated he hopes it is a long time before the City reaches a point where they have to consider things such as Districts, which he is opposed to, or a Mayor-Council form of government which he is ~lso opposed to. He does not believe elected officials 795 City Hall. Anaheim, California - COUNCIL MINUTES - August 8, 1989, 1;30 p,M, in most instances are the best managers or administrators. When the Council hires the best and still has control, it is the most efficient form of city government. He thinks the basic Charter of the City is well written and should be defended strongly and even to the point of changing back closer to what it was originally. Changing the Charter is to change the Constitution of the City. He is a strong believer in the Charter and the Constitution. Mayor Pro Tem Kaywood thanked Mr. Bay for his input. She does not feel anyone is in a better position to speak to the issue since Mr. Bay was an elected Mayor, had Chaired a Charter Review Committee ten years ago, served on the Redevelopment Commission and served nine years on the City Council. Mttch Caldwell, 902 West Broadway (Member of the present Charter Review Committee). Adding to Mr. Bay's presentation, he feels the sooner the City can eliminate the "spectacle" of electing a Mayor every two years, the better. He is against the "obscene" amounts of money raised for mayoral campaigns as well as the mud slinging that occurs. However, he is concerned over the merits of putting the issue on the November ballot for a Special Election which will cost approximately $60,000. If he thought spending that amount at this time would get them over this issue, he would favor it. The difficult thing is going to be finding a way to make the electorate understand what is being proposed and why. He disagrees with Mr. Wtllard that they would be taking something away from the citizens. Bob Baker, 401 North Deerfield. Selection instead of election of the Mayor is not a responsible way to choose a Mayor of any city. The present method is a slightly better but inane method. Last week it was reported that the Charter Review Committee will recommend the Council appointed method in its final report before the courtesy of public debate, input or even a preliminary report. The Council should and could cap all campaign contributions gathered and spent in all elections. The current method of electing a Mayor is flawed. Requiring a person to be a Council Member for two years is elitist, and not even a requirement of high political office. If the Mayor's position is purely ceremonial, then two years as a Council Member makes no difference. The people should retain the right to elect all their representatives. It is time to step into the next century with a truly representative City Council. Mitch Caldwell. For clarification, he reported that all the Charter Review Committee meetings are open to the public and the location, date and time is available to anyone. The City Clerk would be more than happy to relay that information. The Committee will make additional efforts in the future to have the public attend and get their input. The Committee would very much like to have such input. Jo Ann Barnett, Chairperson of the Charter Review Committee. The Committee has been meeting and working on changes they want to see come forward to the Council. Their charge is not to bring those changes forward until March of 1990. The issue of the election of the Mayor is one issue that they have discussed. The Committee feels the way some Council Members feel - having the majority of the Council elect their Mayor. Their arguments are the same as those posed by Mr. Bay. The Committee has not submitted any changes as yet 796 City Hall, Anaheim, California COUNCIL MINUTES - August 8, 1989, 1:30 P,M. because they are going to do so as a package. They wanted to have public hearings before concluding. The Committee has gone through sections and approved their changes. They want to go back for a total review after receiving public input before coming to the Council with their final report. She confirmed that their agenda includes taking input from members of the public. The Committee is not meeting during the summer. They were asked to consider the subject item but a quorum was not available to do so. Floyd Farano, Member of the Charter Review Committee, speaking as a citizen. He endorses the comments of Mr. Bay and Jo Ann Barnett. The Committee will continue their deliberations and look forward to seeing Mr. Baker at the Committee meetings as well as other citizens so that the thoughts that the Committee brings back to the Council will be reflective not only of the Committee members, but also reflect the attitudes and thoughts of the public. Councilman Pickler. He spoke to the whole Council about this issue individually and received the consent of all to discuss it as well as the consent of Mayor Hunter. They have regularly been receiving the minutes of the Charter Review Committee. He is not going to ask the Council to place anything on the ballot in November, but will wait until the report of the Charter Review Committee is submitted. Speaking with the Mayo~, he (Mayor Hunter) is opposed to anything but the election of the Mayor by the citizens. He (Pickler) brought the matter forward to determine if there were any issues the Council would like to place on the November ballot so they could do so before the deadline passed. Councilman Ehrle. He agreed to discuss the matter but would never vote to place anything on the ballot without receiving the Charter Review Committee recommendations and before the public hearings the Gommittee is going to have. When the issue of direct election of the Mayor came about in 1974, there were reasons. He was the one who started the petition initiative that brought the change about. To say that the issue should not be re-evaluated at this time would be wrong but he believes the people will say loud and clear that they do not want their voices to be taken away, and that they want to elect their representatives. As well, there are many other issues to discuss such as Council Districts, limiting campaign contributions, etc. Otherwise he will save all his arguments for the debate. City Attorney White. Answering Councilwoman Kaywood, he spoke to the issue of limiting campaign contributions. The Supreme Court has ruled that cities and counties cannot constitutionally limit the amount of money that is spent but they may limit the amount that is collected from individual sources. He then explained the state limitation on campaign contributions presently in effect. After additional Council comments, the Council took no action to place any ballot issues on the November, 1989 ballot. ITEMS OF PUBLIC INTEREST: John Merrttt, ML Media Multtviston Cable TV. He is present to apprise the Council of additional information which is included in the appeal ML has filed with the City Attorney's Office yesterday based on additional information, 797 City Hall, A~ahetm, California - COUNCIL MINUTES - August 8, 1989, 1;30 P,M. some of which he would like to address, other which is still under the discovery process which will again highlight the fact that the applicant for a cable TV franchise in the City, Empire Cable TV, is not qualified to hold that franchise. (1) A full disclosure of illegal developer agreements has not been resolved. There are conflicting applications on file. The April application from Yorba Linda from Empire (Yorba Ltnda Cable) says that they have reached agreements in principle to provide cable service and a later application says there are no agreements. (2) The April application failed to disclose litigation filed in February against Yorba Ltnda Cable. (3) They have become aware of a flagrant violation of the law within the City which continues at this time - violation of City Charter Section 1406. Any action that requires a franchise must not be performed until the franchise is active and in force. Within hours after the Council approved a franchise to Yorba Linda Cable, before executing the Mitigation Agreement, before the 30-day window allowing the franchise to go into effect - Yorba Linda Cable blatantly handed out their business card in the City and in violation of the City Charter installed no less than 5,000 feet of conduit in Anaheim Hills and they have continued to do so. They have been informed by City staff as recently as 20 minutes ago that the Mitigation Agreement has not yet been delivered to the City Attorney. He asked that the City Council not allow this flagrant violation of the City Charter to continue. If they do not obey the law now, what will they do when they are operating in the Hills. RECESS: By general consent the Council recessed for ten minutes. (3:20 p.m.) AFTER RECESS; The Mayor Pro Tem called the meeting to order, all Council Members being present, with the exception of Councilman Hunter. (3:45 p.m.) 177,137; PUBLIC HEARING - HOUSING AUTHORITY REVENUE BONDS; To consider the issuance of revenue bonds by the Anaheim Housing Authority as follows: In a principal amount of approximately $24,500,000 for the purpose of assisting in the financing of the construction and development of a 228 unit multtfamily rental housing development (by Brookhollow Apartments Associates). Said development shall be located in the block bounded by Brookhurst Street, Gramercy AVenue, Crescent and Valley Streets. In a principal amount of approximately $8,850,000 for the purpose of assisting in the financing of the construction and development of a 117 unit multtfamily rental housing development (by Trtder Corporation). Said development shall be located at 415 South Anaheim Hills Road. Report dated July 27, 1989 was submitted by Lisa Stipkovich, Community Development Director, recommending adoption of resolutions approving the issuance of the subject revenue bonds for Brookhollow Apartments (Anaheim) Associates and the Trtder Corporation. Mayor Pro Tem Kaywood asked to hear from anyone who wished to speak to the subject proposed bond issuance; there being no response she closed the public hearing. 798 City Hall, Anaheim, California COUNCIL MINUTES - August 8, 1989, 1;30 P.M. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-348 and 89R-349) Councilman Pickler moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. Councilman Hunter was absent. MOTION CARRIED. Councilman Pickler offered Resolution Nos. 89R-348 and 89R-349 for adoption. Refer to Resolution Book. RESOLUTION NO, 89R-348; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE ANAHEIM HOUSING AUTHORITY FOR PROJECT TO BE DEVELOPED BY BROOKHOLLOW APARTMENTS (ANAHEIM) ASSOCIATES. RESOLUTION NO, 89R-349; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE ANAHEIM HOUSING AUTHORITY FOR PROJECT TO BE DEVELOPED BY TRIDER CORPORATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood None Hunter The Mayor Pro Tem declared Resolution Nos. 89R-348 and 89R-349 duly passed and adopted. 179; PUBLIC HEARING - AMEND CONDITION OF APPROVAL, CONDITIONAL USE PERMIT NO. 1831 AND NEGATIVE DECLARATION' REQUESTED BY: Brian Love, Name Brand Sofa Outlet 2995 E. White Star Avenue, Anaheim, CA 92806 LOCATION/REQUEST: The property is located at south sidm of La Palma between White Star and Armando Street. The petitioner requests amendment of Condition No. 24 of Resolution No. 82R-489 - Conditional Use Permit No. 1831, which is to permit commercial uses and a restaurant in a proposed industrial complex with a waiver of minimumnumber of parking spaces on proposed ML zoned property. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 27, 1989. Posting of property July 26, 1989. Mailing to property owners within 300 feet - July 28, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 1, 1989, recommending denial of the subject request. 799 City Hall, A~aheim, California - COUNCIL MINUTES - August 8, 1989, 1:30 P.M, APPLICANT'S STATEMENT: Brian Love, owner. He wants permission to have a tent sale. The company he leased from said there was a conditional use permit granted in 1982. He did not know it was for only two years. He would like to have that use permit in order to have the tent sale. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Pro Tem Kaywood closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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. Councilman Hunter was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-350) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. Councilman Hunter was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-350 for adoption, denying the subject request. Refer to Resolution Book. RESOLUTION NO. 89R-350: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 1831 AND AMENDING RESOLUTION NO. 78R-380, AS HERETOFORE AMENDED. Before a vote was taken, City Attorney White stated he would recommend that the denial be framed in terms of an amendment to the conditions to specifically provide in Condition No. 24 that special events and tent sales are not permitted on the property so that it becomes clear. Mayor Pro Tem Kaywood. She clarified for the petitioner that the proposed action is to deny the request. One of the problems is that the property is in the industrial area where land is cheaper than the 800 City Hall,.A~aheim, California - COUNCIL MINUTES - August 8, 1989, 1-:30 P.M, commercial/retail area and businesses go in and want all the same conditions which cannot be allowed. A vote was then taken on the foregoing resolution denying the request by amending Condition No. 24 as articulated by the City Attorney. Refer to Resolution Book. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood None Hunter The Mayor Pro Tem declared Resolution No. 89R-350 duly passed and adopted. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO, 257 - CIRCULATION ELRMENT AND NEGATIVE DECLARATION: APPLICANT: OWNER: City of Anaheim 200 S. Anaheim Boulevard, Anaheim, CA 92803 This is a City initiated amendment to the Circulation Element of the General Plan to consider 1) redesignation of Convention Way from West Street to a point approximately 1500 feet west of Harbor Boulevard from a private local street to a Major Arterial Highway; and 2) redesignation of Convention Way from Haster Street to Manchester Avenue from a Secondary Arterial Highway to a Primary Arterial Highway. PROJECT AS APPROVED BY THE PLANNING COMMISSION: No. 257 was approved by the Planning Commission. approved EIR Negative Declaration. General Plan Amendment (PC89-173 5 yes, 2 absent); PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 27, 1989. , Posting of property July 26, 1989. Mailing to property owners within 300 feet July 27, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 5, 1989. Mayor Pro Tem'Kaywood asked if anyone was present who wished to speak to the proposed General Plan Amendment Circulation Element; there being no response, she closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVg DECLARATION; On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Hunter was absent. MOTION CARRIED. 801 City Hall, ~aheim, California COUNCIL MINUTES - August 8, 1989, 1:30 P.M. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-351) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Hunter was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-351 for adoption, approving General Plan Amendment No. 257 Circulation Element. Refer to Resolution Book. RESOLUTION NO, 89R-351; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE CIRCULATION ELEMEMT MAP AND TEXT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS GENERAL PLAN AMENDMENT NO. 257. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUI~CIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood None Hunter The Mayor Pro Tem declared Resolution No. 89R-351 duly passed and adopted. NOTE; Subsequent to this hearing date, it was ascertained that residents did not receive timely notice of this hearing. A rehearing was scheduled by the Council (see minutes of September 12, 1989). 179: PUBLIC HEARING - WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO, 3169 AND NEGATIVE DECLARATION; APPLICANT: OWNER: Havadjia Holdings, Inc. 15621 Silver Spur Road, Riverside, CA 92504 LOCATION/REQUEST: The property is located at 4150 E. La Palma Avenue. The request is to permit a drive-thru window addition to an mxisting restaurant with waiver of minimum number of on-site parking spaces. PROJECT AS APPROVgD BY THE pLANNING COMMISSION; Conditional Use Permit No. 3169 was granted by the Planning Commission to permit the drive-thru window addition with the following waiver: (a) minimum no. on-site parking spaces - approved; waiver of code requirement was granted; (PC89-163, 7 yes, 0 no); approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of June 27, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 27, 1989. Posting of property July 26, 1989. Mailing to property owners within 300 feet - 3uly 28, 1989. 802 City Hall. ~naheim. California - COUNCIL MINUTES August 8, 1989, 1;30 P,M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated June 19, 1989. APPLICANT'S STATEMENT: Mr. Havadjia, 15621 Silver Spur Road, Riverside, CA 92504, owner of the property and restaurant. He referred to the last meeting on this project held June 3, 1985 when the Traffic Engineer asked how long it would be before the City installed the traffic signal at the intersection of La Palma and Richfield. Mr. Singer replied that it was a No. 2 priority and continued to say if he (Havadjia) wanted to have the drive-thru lane any sooner, it would require that they pay one-quarter of the cost of the traffic light. That would have expedited the signal but it was never made a condition for the drive-thru lane as they understood. They did not have the money to pay for the signal and decided to wait until the traffic light was to be installed. It is now three years later and the light is still not installed and he wants to know why. Two blocks east of his restaurant is another restaurant called Tom's Place which has a drive-thru but he never had to pay $25,000 to the City for the signal. One and half miles to the west of his restaurant at Blue Gum & La Palma another signal was installed within the last year. Across from his property a 300,000 square-foot building was built with 600 parking spaces or more developed a few months before his property and they also did not pay the $25,000. He feels the City is being unfair to him. He opened up the drive-thru lane over a year ago and there has been no congestion or any problems. It is as safe now as it was before he opened the drive-thru. A traffic light will help things but the traffic condition was pre-existing long before the opening of the restaurant. They expect the Council to let them continue with the drive-thru lane. Mayor Pro Tem Kaywood asked how it was that he opened the drive-thru lane since he did not have perngission to do so; Mr. HavadJia presented a copy of the Negative Declaration from the City Clerk's Office which under Project Description stated that it was to permit a drive-thru lane addition and on-sale beer in an existing restaurant. It also stated that the Planning Commission approved the described project May 27, 1989 and made the determination that the project will have no significant impact on the environment. Annika Santalahtt, Zoning Administrator. Condition No. 15 of Conditional Use Permit No. 2760 specifically states that development is to be in accordance with plans provided and that the approved use is limited to an enclosed sit-down restaurant without any drive-thru facilities. City Clerk Sohl also clarified that the letter to which Mr. Havadjia referred is a notice regarding the Negative 803 City Hall, ~naheim, California COUNCIL MINUTES - August 8, 1989, 1;30 P,M, Declaration relative to an Environmental Impact Report which is filed with the County as a standard procedure. Mr. Havadjla read a description of what was originally proposed before the Planning Commission. He also received a resolution from the City Council indicating what staff said relative to Condition No. 15. Mayor Pro Tem Kaywood. The Planning Commission denied the drive-thru and on-sale beer on May 27, 1989 and the Council denied it on June 3, 1989; Mr. Havadjia said the notice he received was dated June 23, 1987. Annika Santalahti, Zoning Administrator. There was an interim CUP in 1987, Conditional Use Permit No. 2912 which was with the drive-thru lane including on-sale beer and wine. The Planning Commission denied that but the notice of determination on Negative Declaration was sent out in any case; City Clerk Sohl reported that the form sent to the County has since been revised and it is now clearer. Very often the applicant does misunderstand what is going on with notices of determination. Mr. Havadjia clarified that he is not selling beer but he does have the drive-thru. He installed the lane approximately 11 months ago after he received the notice from the City. Anntka Santalahti. She confirmed that Code Enforcement picked up the violation that the lane was installed without approval. It subsequently went before the Planning Commission which approved the drive-thru. Paul Singer, Traffic Engineer. The Planning Commission at the last hearing on the subject approved the drive-thru lane and excused the developer from any participation in the traffic signal. A tgaffic signal is still planned for the intersection. The condition for the 25% cost of the traffic signal was conditioned by the Planning Commission originally. It was not a staff recommendation. Twenty-five percent is approximately $25,000. The parking study in that area determined that there was probably adequate parking on-site. He continued that there was substantial discussion relative to the payment of a fee for traffic signal installation and the Planning Commission had several numbers given to them - $8,000 was one. In finality, they did away with the whole thing. Mr. Havadjta. He offered the Planning Commission that he would pay 1/5 of the traffic signal. One of the Planning Commissioners asked when the light was to be installed and the traffic Engineer stated it would take three years no matter what he (Havadjta) paid and that was the reason the Commission said he would not have to pay 804 City Hall. A~ahetm, California - COUNCIL MINUTES August 8, 1989, 1;30 P,M, anything. The traffic signal has to be installed. He believes it is in the next two-year budget cycle. The cost of the signal will be approximately $100,000. The Planning Commission waived participation in the traffic signal noting that the applicant had paid his fair share in the form of assessment fees (Mr. Havadjia confirmed that he paid fees of approximately $560). Mayor Pro Tem Kaywood asked if anyone was present who wished to speak on this public hearing; there being no response, she closed the public hearing. Extensive discussion followed between Council Members and staff revolving around a determination of an appropriate contribution to the traffic signal to be installed at the subject intersection by the petitioner at the conclusion of which, upon questioning, Mr. Havadjia stated he would contribute $5,000 towards to the traffic signal if it was installed in a timely manner. Paul Singer. He reiterated that the signal has been included in the current two-year budget cycle. Payment of the fee should be payable now and if the signal is not installed within 24 months that it be refunded. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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. Councilman Hunter was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-352) Councilman Pickler moved to waive the reading in full o~ the resolution. Councilwoman Kaywood seconded the motion. Councilman Hunter was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-352 for adoption, granting Conditional Use Permit No. 3169 with the owner to pay $5,000 now as a contribution to the traffic signal and the signal to be installed within 24 months. If not installed within that period then the $5,000 is to be refunded. Refer to Resolution Book. RESOLUTION NO, 89R-352; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3169. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter 805 City Hall, A~aheim, California - COUNCIL MINUTES - August 8, 1989, 1;30 P,M, The Mayor Pro Tem declared Resolution No. 89R-352 duly passed and adopted. 179; ITEMS BI Bll FROM THE PLANNING COMMISSION MEETING OF JULY 17, 1989 INFORMATION ONLY o APPEAL PERIOD ENDS AUGUST 8, 1989; B1, CONDITIONAL USE PERMIT NO 3148 AND NEGATIVE DECLARATION' OWNER: DENNIS B. SCHMUCKER, 1010 2nd Avenue, #1422, San Diego, CA 92101 AGENT: AVI GRIGORESCU, 3400 Avenue of The Arts, #B 213, Costa Mesa, CA 92626 LOCATION: 917 East Pactftco Avenue To permit a bus storage terminal. ACTION TAKEN BY THE PLANNING COMMISSION' CUP NO. 3148 GRANTED for a period of three years. Modified Condition No. 11 to allow surface to be oiled for dust control rather than repaying. Postponed Condition Nos. 1, 2, 7, 5, and 8 until March 1992. PC89-183, 6 yes, 1 conflict. Approved Negative Declaration. B2. VARIANCE NO. 3954 AND NEGATIVE DECLARATION: OWNER: MARIN MORTGAGE TRUST, 4004 Carlisle NE, Suite D, Albuquerque, NM, 87107 AGENT: VESCOR DEVELOPMENT, 720 Town & Country Road, Orange, CA 92668 LOCATION; 118 West Sycamore Street Waivers of (a) maximum structural height and (b) minimum site area per dwelling unit to construct a 3-story, 20-unit apartment complex. WITHDRAWN by the applicant. B3, VARIANCE NO, 3955 AND NEGATIVE DECLARATION' OWNER: MAI{IN MORTGAGE TRUST, 4004 Carlisle NE, Suite D, Albuquerque, NM 87107 AGENT: VESCOR DEVELOPMENT, ATTN: George KraJgck, 720 Town & Country Road, Orange, CA 92668 LOCATION: 127 West Adele Street Waivers of (a) minimum site area per dwelling unit and (b) maximum structural height to construct a 3-story, 20-unit apartment complex. WITHDRAWN by the applicant. B4. VARIANCE NO. 3603. CONDITIONAL USS PERMIT NO, ~845 AND NEGATIVE DECLARATION; OWNER: VANDERBILT GROUP, 17401 Los Altos. Suite 400, Mission Viejo, CA 92691 AGENT: J. D. GANTES AIRPORT PROPERTIES, P.O. Box 8147, Newport Beach, CA 92658 LOCATION: Property is approximately 1.96 acres located at the northwest corner of Weir Canyon Road and Santa Aha Canyon' Road. To approve specific plans for and permit the expansion of a previously approved fast food restaurant. 806 City Hall. ~6aheim. California - COUNCIL MINUTES - August 8, 1989, 1;30 P,M, ACTION TAKEN BY THE PLANNING COMMISSION: Specific plans for a fast food restaurant (expanded from original plans) were approved. PC89-184, PC89-185, 6 yes, 1 conflict. Approved Negative Declaration. B5, VARIANCE NO, 3973 AND NEGATIVE DECLARATION' OWNER: KOLL COMPANY, 4343 Von Karman Avenue, Newport Beach, CA 92660 AGENT: K. W. LAWLER & ASSOCIATES, INC., 2832 Walnut Avenue, Suite H, Tustin, CA 92680 LOCATION; 1000 E, Cerritos Avenue Waiver of required lot frontage to establish a 12-lot industrial subdivision. ACTION TAKEN BY THE PLYING COMMISSION: Variance No. 3973 GRANTED. Landscaping to include 8 feet in addition to 10 foot setback as shown on the plans. PC89-186, 7 yes. Approved Negative Declaration. B6, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3178 AND NEGATIVE DECLARATION: OWNER: ANDUL-HAFIZ AIAM, 2100 N. Broadway, Santa Aha, CA 92706 AGENT: BACS DEVELOPMENT, INC., 2100 N. Broadway, Santa Ama, CA 92706 LOCATION; 1211-1245 S, Knott Street To permit an expansion of an existing commercial retail center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3178 GRANTED with waiver: a. minimum number of parking spaces PC89-187, 7 yes. Approved Negative Declaration. approved B7. CONDITIONAL USE PERMIT NO. 3179 AND NEGATIVE DECLAI~_TION: OWNER: PING LI LIU AND YU CHU FU LIU, 920 S. Beach Boulevard, Anaheim, CA 92804 LOCATION; 920 South Beach Boulevard To permit a 9-untt addition to an existing 32-unit motel. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3179 GRANTED for an additional 9 units, no kitchenettes. PC89-188, 7 yes. Approved Negative Declaration. B8. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3177 AND NEGATIVE DECLARATION: OWNER: HARRY H. ELMAN AND LOLA ELMAN, 9808 Danghorn Avenue, Downey, CA 90240 LOCATION~ Property is approximately 2,4 acres located at the northeast corner of Orangewood Avenue and Euclid Street. 807 City Hall, ~nahetm, California - COUNCIL MINUTES - August 8, 1989, 1;30 P,M, To construct an 8,662 square-foot addition to an existing 23,532 square-foot commercial retail center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3177 GRANTED subject to stipulation that there will be no additional fast food or food-type uses permitted beyond what is allowed by this permit without approval of waiver; and modifying conditions. PC89-189, 7 yes. Approved Negative Declaration. Mayor Pro Tem Kaywood. She believes there was some confusion on this item. They only had 57% of the parking. The report states that no additional fast-food be permitted beyond what is allowed by the permit. They have 4,350 feet existing. She asked if they were approved for the 2,160 feet they are requesting. Annika Santalahti, Zoning Administrator. If the Council does not set this for a public hearing, there will have to be a nunc pro tunc correction to the Commission resolution. The Commission approved it but they did not allow any additional restaurant space. Two of the conditions would have to be modified to read that only a total of 4,350 feet of restaurant uses shall be permitted as currently exist and eliminate the reference to the future square footage of restaurants because it is to be straight retail. Paul Singer, Traffic Engineer. The parking is adequate providing there are no additional food establishments. Bg. VARIANCE NO, 3667 AND NEGATIVE DECLARATION: OWNER: THOMAS TUCKER AND CAROLYN TUCKER, 5380 E. Hunter Avenue, Anaheim, CA 92807 LOCATION; 5380 ~ast Hunter Avenue (Mission Sheet Metal) To amend a condition of approval pertaining to an extension of time. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 3667 APPROVED, deleting Condition No. 4 of previous approval, subject to outdoor storage being limited to sheet metal products. (Three vehicles currently being stored in loading dock area to be removed.) PC89-190, 6 yes, 1 abstain. Approved Negative Declaration. BiO. CONDITIONAL USE PERMIT NO. 2819 AND NEGATIVg PECL~TION: OWNER: FAR WEST SAVINGS AND LOAN ASSOCIATION, 4001 MacArthur Blvd., Newport Beach, CA 92660 AGENT: LIVING FAITH CHURCH, 3584 E. Enterprise Drive, Anaheim, CA 92807 LOCATION; 3584 Enterprise Drive To amend a condition of approval pertaining to date of expiration. 808 City Hall, Anaheim, California - COUNCIL MINUTES - August 8, 1989, 1;30 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: Condition of approval was amended to extend the expiration date for a period of three years. PC89-191, 7 yes votes. Approved Negative Declaration. REPORT AND RECOMMENDATION: Bll. ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN; Surplus land leased as parking for the Sports Arena. ACTION TAKEN BY THE PLANNING COMMISSION: Request APPROVED - in conformance with the General Plan. End of the Planning Commission Items. 179; REQUEST FOR REHEARING - LARGE FAMILY DAY CARE NO, 89-02: REQUESTED BY: Kathleen and Delbert Swanson LOCATION/REQUEST: The property is located at 2426 West Transit Avenue. The request was to establish a large family day care facility for a maximum of 12 children. The Family Day Care No. 89-02 was approved (with added condition) by the Zoning Administrator, Decision No. ZA89-35. A letter appealing the Zoning Administrator's decision was submitted by Robert G. Woolsey and public hearing scheduled July 18, 1989. At the public hearing of July 18, 1989, the request to establish the large family day care was denied by the City Council under Resolution No. 89R-304. Letter dated August 3, 1989 accompanied by an Affidavit of Merit was submitted by Kathleen A. Swanson requesting a rehearing on the subject application. MOTION; Councilwoman Kaywood moved to deny the request for a rehearing on the subject day care. Before any further action was taken, Councilman Pickler stated that when the matter was heard, he and Councilman Ehrle were absent but they have read the minutes of the proceedings. City Attorney White. Both Council Members will be able to vote on the request for the rehearing. The request is based upon the information contained in the affidavit and the application which is part of today's agenda material. It should not be based upon evidence received at the hearing itself. Councilman Daly thereupon seconded the motion to deny the request for a rehearing on a Large Family Day Care No. 89-02. Councilman Hunter was absent. MOTION CARRIED. 809 City Hall, ~naheim, California - COUNCIL MINUTES August 8, 1989, 1;30 P,M. 179: ORDINANCE NO. 5058 INTRODUCTION: Councilman Ehrle offered Ordinance No. 5058 for introduction. ORDINANCE NO, 5058; 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. 88-89-03 located at 1780 West Lincoln Avenue from the CL zone into the RM-1200 zone.) 114/107; FENCING OF ABANDONED PROPERTIES; Councilman Ehrle. He has received many calls regarding the large number of abandoned properties in the City either in foreclosure, or where construction is taking place or has been started with no further activity. The callers have been concerned about children playing on those properties since there is no fencing on most to prevent access. He asked if there is anything the City can do to contact the developers or owners through Code Enforcement demanding fencing of those properties. City Attorney White. One of the two ways available would be through the City's existing nuisance ordinance that could be used in the event the property attracts small children and could be dangerous in its current state. If the status of buildings are such that they are dangerous to children playing on the property, it could be handled through Code Enforcement. Initially contacts could be made to all persons who have an ownership interest. If anyone interested can provide that information to him or the Code Enforcement Office, appropriate action will be taken. The other avenue is through the Building Department where the building itself is in a state of disrepair. They would have the ability, through the abatement of dangerous buildings code, to go onto the property to notice it and send notices to anyone who has ownership interest and have the problem abated or the City can make the improvements to the property and then lean the property for the cost. The avenue of liening the property is available in both instances. Councilman Ehrle. He would also like the Building Inspector to check to see when the last building inspection took place. City Attorney White. They will check Building records to see when the last inspection was made and try to determine how long since there was building activity on the property. ADJOURNMENT; Councilwoman Kaywood moved to adjourn. seconded the motion. Councilman Hunter was absent. (4:40 p.m.) Councilman Pickler MOTION CARRIED. LEONORA N. SOHL, CITY CLERK 810