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1994/11/22C£tv Hall, &naheim. Cal£~ornia - COUNCZL MZNIFTES - NOVEHBER 22, 1994 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT ABSENT = PRESENT COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly COUNCIL MEMBERS= None CITY MANAGER= James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR= Joel Fick (MOST CITY DEPARTMENT HEADS WERE IN ATTENDANCE TO EXTEND THEIR BEST WISHES TO OUTGOING COUNCIL MEMBERS.) A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2=30 p.m. on November 18, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem Hunter called the meeting to order at 3=10 p.m., Council Members Feldhaus and Daly were absent and entered the Council meeting during Closed Session. REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there is one addition to the Closed Session items as indicated by Item 4 below. The need to act on this item arose after the posting of the printed agenda relating to Don Poff, the Golf Professional at Anaheim Hills Golf Course. This item is also listed on the regular Council Meeting Agenda (Item A12) but was not listed on the Closed Session Items. MOTION: Council Member Simpson moved to waive the 72-hour posting provision of the Brown Act adding the below listed item (Number 4) to the Closed Session Agenda. Council Member Pickler seconded the motion. Council Members Feldhaus and Daly were absent MOTION CARRIED. PUBLIC COMMENTS - CLOSED SESSION ITEMS= There were no public con~nents relative to Closed Session items. City Attorney White. The following items are to be considered at the Closed Session, including added Item Number 4: 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION me 54956.9~a} - EXISTING LITIGATION: Name of case: Duarte v. City of Anaheim, Orange County Superior Court Case No. 71-95-46. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9¢a) - EXISTING LITIGATION= Name of case: Campanula Properties, Inc., v. City of Anaheim, Orange county Superior Court Case No. 93-04-55. 3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 4e 54956.9(a} - EXISTING LITIGATION: Name of case= Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case Nos. 44-81-74 and 73-26-60. Personnel Review - relating to Don Poff, Golf Professional at Anaheim Hills Golf Course (also see Item Al2 on today's City Council Agenda). 700 City Hal~. Anaheim. Californ£a - COtVNCXL MXNUTES - NOVEM~gR 22r 199~ - 5~00 P.M. RECESS= Council Member Simpson moved to recess into Closed Session. Council Member Hunter seconded the motion. Council Members Feldhaus and Daly were absent. MOTION CARRIED. (3=12 p.m.) Before the Council meeting was reconvened, after Closed Session, there was an informal reception in the Chamber lobby for outgoing Council Members Pickler, Hunter and Simpson. ~ The Mayor called the meeting to order, all Council Members being present and welcomed those in attendance to the Council meeting. (5=10 p.m.). INVOCATION~ Dr. Bryan Crow, The Garden Church, gave the invocation. ~ Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. Mayor Tom Daly. He noted that Council Members'Pickler, Hunter and Simpson each have at their seats a small gift from the City (combined clock and pen & pencil set) and a plant for each of their spouses. He is going to ask if they would like to say a few words, this being their last Council meeting after serving the public for many years. He then expressed his appreciation to all three individually noting the most outstanding accomplishments of each of the Council Members in their tenure on the City Council (Council Member Pickler, 12 years; COuncil Member Hunter, 8 years - 4 of which he served as Mayor; Council Member Simpson, 4 years). Council Member/Mayor Pro Tem Fred Hunter. He started first by thanking many people individually noting that there may be some he would overlook. He most especially thanked his wife Jeannie and his family, his secretary of many years in his law practice, Grace, who helped him to balance both "careers". He also expressed his thanks for the wonderful opportunity of being able to serve on the Council for 8 years and especially the 4 years he was Mayor. He was a "dreamer". When he was an Anaheim Policeman approximately 30 years ago, he told people he would one day be a lawyer and also the Mayor of Anaheim. Both dreams had come true. He thanked many people on City staff, the present and former Council Members, Department Heads and City Manager Jim Ruth. He especially thanked City Manager Ruth for staying fast during the Arena negotiations. He thanked those people who supported him through the years - Sharon Ericson and the AMEA, the Firefighters, the Police Association and the IBEW. He noted also that during hi0 tenure some simple changes were also made for the betterment of the City - such as night Council meetings, allowing greater citizen participation, setting term limits, and having a 4-year term for Mayor starting for the first time with the past election. He has many wonderful memories of his service to Anaheim and was happy and privileged to have served the City. Council Member Bob Simpson. He recounted his almost 40 year career in Government service starting in Lo8 Angeles County as a Fire Firefighter and the last 14 years serving the City of Anaheim. He owes a "thank you" to former Anaheim City Manager, Bill Talley for providing him opportunities beyond his wildiest expectations - first as the City's Fire Chief, the General Manager of the Convention Center, Stadium and Golf Courses, and Deputy City Manager. He then became City Manager and finally a member of the City Council. He also recounted the things he was able to do as City Manager having appointed a number of young Department Heads now still holding those positions. He was involved in the initial Disney negotiations (Westcot) and the initial negotiations that brought Koll Pac-Bell to downtown, the rebirth 701 C£tv Hall. Anahe~, Ca~££orn£a - COUNCIL MINIFTES - NOVEi~5__~R 22, 1994 - 5:00 P.M. of the Anaheim Plaza, and the Festival Shopping Center. However, if he is remembered at all, he would like it to be for the personal relationships, for those he may have helped along the way with their careers or with a promotion, the little gatherings such as the one that took place before the Council meeting. He also thanked his wife of 40 years, the mainstay of the Simpson household, Mary. He thanked all the countless others as well, expressed his hopes for the City and thanked those who helped him occupy one of the "best seats in the house". Council Member Irv Pickler. For him, an era is passing and it is going to be a difficult transition having been a member of the City Council for 12 years. He feels Anaheim is the finest City in the world. The administration and staff has helped to make it that way and he further feels that they have only just begun in Anaheim. He thanked all those who have helped him along the way including hia wife of over 50 years, Betty, and his family. In his tenure as Council Member, he has also had the opportunity to be on many other boards and agencies representing the City, and City staff was always there to assist him. He could mention almost everyone in the Chamber tonight, Department Heads, staff and all the many City employees. He intends to still be involved in the Anaheim community. He urged that the City keep moving forward and that the new Council Members work together to keep Anaheim at the forefront. Mayor Daly noted that the City has not had three Council Members leaving at one time in approximately 70 years. Council Member Feldhaus. He feels very privileged to have worked with all of the Council Members for the past two years and he is certain the new Council will work together well. He thanked the outgoing Council Members for the help they have given to him. City Manager Ruth. He expressed a very sincere and cordial appreciation to each and every member of the City Council, but especially now to the three who are leaving. There has been a great working relationship with the Council. The Council has been very supportive of staff presentations and projects through all the difficulties the City has gone through in the past few years with the recession. The City Council has been sensitive and caring to staff and supportive of progress. The progress that has been made could not have been made without the support of the City Council and the implementation of the policies that have come before the Council. He extended the appreciation of all the employees in the City to the outgoing Council Members for their great and dedicated service. City Manager Ruth then presented Council Members Pickler, Hunter and Simpson with their service awards (12 years, 8 years and 2 years, respectively). 119= THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME= Recognizing the John Wooden Classic as a premier college basketball tournament to be held at the Anaheim Pond on December 3, 1994. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,285,033.50 for the period ending November 18, 1994, in.accordance with the 1994-95 Budget, were approved. 702 Ci2v Hell. Anaheim. Cal£fornia - COUNCIL MINUTES - NOVEMBER 22~ 1994 - 5:00 P.M. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency, Housing Authority and Public Financing Authority meetings. (5:40 p.m.) Mayor Daly reconvened the City Council meeting. (5=4S p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION= Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of November 22, 1994. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTA~ CONSENT C~?.ENDAR= On motion by Council Member Hunter, seconded by Council Member Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar~ Council Member Hunter offered Resolution Nos. 94R-268 through 94R-270, both inclusive, for adoption. Refer to Resolution Book. Al. 105= Receiving and filing minutes of the Community Redevelopment Commission meeting held October 26, 1994. 117: Receiving and filing a Summary of Investment Transactions for October, 1994, as submitted by the City Treasurer. A2. 123~ Approving Local Agency - State Agreement No. 12-5055-067 which provides for preliminary design and right-of-way activities for Gene Autry Way HOV facility with project cost sharing between Federal funds and City funds~ and authorizing the Mayor and City Clerk to execute said Agreement. A3. 123~ Approving a License Agreement for Bus Benches with Coast United Advertising, Inc., for the 1994/95 fiscal year with an annual renewal option up to a maximum of five years for bus bench installation and maintenance services. A4. 123= Approving Caltrans Agreement Nos. 12339, 12199, 12351, 12215 and 12263 (Segments A, B, C, D, and E Sewer Facilities) to develop plans for relocation/replacement of sewer facilities for the I-5 Freeway widening project, and authorizing the Director of Public Works to execute and deliver said agreements in the forms hereby approved. AB. 158~ RESOLUTION NO. 94R-268~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF CERTAIN PROPERTY AND/OR FACILITIES (Parcel Map 84-230 Santa Ana Canyon and Weir Canyon). A6. 123= Approving District Agreement Number 12-204 A1 with the State of California for right-of-way acquisition on the I-5 Freeway widening project (Gene Autry Way). A7. 160= Accepting the low bid of Ail Seasons Tire Company, in the amount of $74,306 for Goodyear Police vehicle tires, for the period commencing December 1, 1994, through August 31, 1995, in accordance with Bid ~5300. 703 C~tv H&ll. Anaheim~ Cal~forn£a - COUNCIL MIlCu'~ - NOV'EIa~ 22~ 1994 - 5:00 P.M. A8. 160: Accepting the bid of Wesco Utility Sales, in the amount of $127,040 for six 1200 ampere, and two 3000 ampere vacuum circuit breakers, in accordance with Bid 25319. A9. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order, without competitive bidding, to Advanced Control Systems, c/o Matzinger-Keegan, in the amount of $31,200 for one remote terminal unit for Katella Substation. Al0. 160: Authorizing the Purchasing Agent to issue Purchase Orders, in an amount not to exceed $3,610,482 for the purchase of 151 various vehicles for City Departments for Fiscal Year 94/95. All. 123: Approving an Agreement employing Jones, Hall, Hill & White as bond counsel regarding the sale of the Mello-Roos bond issue, in an amount not to exceed $70,000 plus out-of-pocket expenses not to exceed $7,500. 123: Approving an Agreement employing Rauscher Pierce Refsnes, Inc., as financial advisor regarding the sale of this Mello-Roos bond issue, in an amount not to exceed $30,000 plus out-of-pocket expenses not to exceed $3,000. 123: Approving an Agreement employing David Taussig and Associates, Inc., as special tax consultant regarding the sale of this Mello-Roos bond issue, in an amount not to exceed $38,500 plus out-of-pocket expenses not to exceed $1,250. 123: Approving an Agreement employing Stone & Youngberg as underwriter regarding the sale of this Mello-Roos bond issue, in an amount not to exceed $9.25 per thousand for all insured bonds and $15 per thousand for all non-rated bonds, which includes all underwriting expenses. 137: Authorizing the Finance Director to proceed with an economic refunding of CFD-1 and CFD-2 as soon as the minimum present value threshold of 3.0 percent can be realized. 137: RESOLUTION NO~ 94R-~69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF TWO SERIES OF SPECIAL TAX REFUNDING BONDS OF THE CITY FOR AND ON BEHALF OF CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) AND COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS), APPROVING AND DIRECTING THE EXECUTION OF TWO FISCAL AGENT AGREEMENTS AND TWO ESCROW AGREEMENTS, APPROVING SALE OF SUCH BONDS TO THE ANAHEIM PUBLIC FINANCING AUTHORITY, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS. A12. 123: Approving a Fifth Amendment to Agreement with Don Poff, Golf Profegeional at Anaheim Hills Golf Course for an extension of six months from February 2, 1995 to August 2, 1995. A13. 106~ Increasing expenditure appropriations An fund 308 by $434,700 for payment of Arena related costs. A14. 152: Approving the recommended selection of additional JTPA training vendors for program year 1994-95, and authorizing the JTP Manager to execute the Sub Contract Agreements. A15. 000: RESOLUTION NO. 94R-270: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A GUARANTEE TO THE COUNTY OF ORANGE OF PAYMENT OF GATE FEES FOR SOLID WASTE COLLECTION AND DISPOSAL. 704 City Hall. Anaheim. Cal£forn£a - COUNCIL HINUTES - NOVENBHR 22t 1994 - 5:00 P.M. 123= Approving and directing the Mayor to sign an Agreement with Taormina Industries, Inc., for a lien pursuant to the solid waste franchise. A16. 123~ Approving an Agreement with Vectra Technology, Inc., to provide design review and construction management services for the new Katella Substation turnkey project, as a cost not to exceed $253,100 and authorizing the Public Utilities General Manager to execute said Agreement and any other related documents on behalf of the City. A17. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held September 28, 1994. A18. 184: Reviewing the need for continuing the Fifth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on September 6, 1994, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A19. 114: Approving minutes of the City Council meeting held September 20, 1994. Roll Call Vote on Resolution Nos. 94H-268 throuqh 94R-270r both !n~lusivet for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Resolution Nos. 94R-268 through 94R-270, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTXONS CARRIED. A20. 13~: PUBLIC HEARING - ADDITION OF A NON-DISPOSAL FACILITY EnEMENT TO THE CITY SOLID WASTE MANAGEMENT PLAN: TO consider a resolution adopting a Non-Disposal Facility Element of the Solid Waste Management Plan pursuant to the requirements of the Public Resources Code (for the purpose of reducing and recycling certain amounts of solid waste). Submitted was report dated October 31, 1994 from the Director of Public Works/City Engineer, Gary Johnson recommending that the subject element be added to keep the Solid Waste Management Plan in compliance with State laws. Mayor Daly opened the public hearing and asked if anyone wished to speak to the addition of a Non-Disposal Facility Element to the City Solid Waste Management Plan. No one came forward to speak. Mayor Daly closed the public hearing. Council Member Daly offered Resolution No. 94R-271 for adoption. Refer to Resolution Book. RESOLUTION NO. 94R-271: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NON-DISPOSAL FACILITY ELEMENT OF THE SOLID WASTE MANAGEMENT PLAN PURSUANT TO THE REQUIREMENTS OF THE PUBLIC RESOURCES CODE. 705 City Hall, Anahe~a, Cali. fornia - COUNC'rL MIN'u'TBS - NOVEHBER 22~ 1994 - 5~00 P.N. Roll Call Vote on Resolution No. 94R-271 for adoption= AYES= COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES= COUNCIL MEMBERS= None ABSENT= COUNCIL MEMBERS= None The Mayor declared Resolution No. 94R-271 duly passed and adopted. ITEMS BI - 57 FROM TH~ PLANNING COMMISSION~TING OF OCTO~ INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 22. ~994 51. 179~ VARIANCE NO. 4265, TENTATIVE TRACT MAP NO. 14893, AND NEGATIVE. DECLARATION~ OWNER= Living Stream Ministry, Post Office Box 2121, Anaheim, CA 92814 AGENT= Andrew Yu, 1853 W. Ball Road, Anaheim, CA 92804 LOCATION= 1301 South Empire Street. Property is approximately 2.97 acres located on the west side of Empire Street approximately 700 feet south of the centerline of Ball Road and further described as 1301 South Empire Street. Waiver of minimum building site width, maximum lot coverage, required open space and required lot frontage on a public street to construct 20 detached single family units. To establish a 20-lot, RS-5000 subdivision. ACTION TAKEN BY THE PLANNING COMMISSION= variance No. 4265 GRANTED (PC94-144) (7 yes votes). Approved Tentative Tract Map No. 14893. Negative Declaration previously approved. Tentative Tract Map No. 14893 had a 10-day appeal period and appeared on the Council agenda of November 8, 1994, Item B12, where Council Members Daly and Pickler requested review of the Planning Commission's decision. A public hearing will be held on December 6, 1994, at 6=00 p.m. B2. 179= CONDITIONAL USE PERMIT NO~ 2628 AND NEGATIVE DECLARATION= OWNER= Rick Covey c/o Rick Covey Realty, 16872 Bolsa Chica Rd., 2105, Huntington Beach, CA 92649 AGENT= Daniel Page, 27156 La Fuente, Mission Viejo, CA 92692 LOCATION= 711 E. Sycamore Street. Property is approximately 1.6 acres located on the north side of Sycamore Street between the Union Pacific and Atchison, Topeka and Santa Fe Railroad rights-of-way. TO modify or delete a cond£=ion of approval pertaining to the limitation of time to retain a truck repair facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2628 APPROVED for an additional five years (to expire 12/4/99) (PC94-145) (7 yes votes). Negative Declaration previously approved. 53. 179= WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO. 3725 AND NEGATIVE DECLARATION= OWNER= Susan Saltzburg Trustee, Attn= Glenn Hellyer, 1225 W. Lincoln Ave., Anaheim, CA 92805 AGENT= Paul Kott Realtors, Inc., Attn= Glenn Hellyer, 1225 W. Lincoln Ave., Anaheim, CA 92805 706 City Hall, Anaheim, Cal£forn~a - COUNCIL MINUTES - NOVEM~_~ 22r 1994 - 5~00 P.M. LOCATION= 420 South State College Boulevard. Property is approximately 0.40 acre located at the northeast corner of Westport Drive and State College Boulevard. To permit an automotive repair facility within an existing 1,056- square foot service station structure with waiver of required landscaped setback. ACTION TAKEN BY THE pLANNING COMMISSION~ CUP NO. 3725 GRANTED, IN PART, for three years (to expire October 31, 1997) (PC94-146) (7 yes votes). Denied waiver of code requirement. Approved Negative Declaration. B4. 179= CONDITIONAL USE PERMIT NO. 3726 AND NEGATIVE DECLARATION= OWNER= Vineyard Ministries International, 5300 E. La Palma Avenue, Anaheim, CA 92807 AGENT= Fairmont Schools, Inc., Attn= Glen Noreen, Business Manager, 1557 W. Mable Street, Anaheim, CA 92802 LOCATION= 5300 East La Palma Avenue. Property is approximately 23.08 acres located on the south side of La Palma Avenue and approximately 2,370 feet west of the centerline of Imperial Highway. To expand a previously approved private educational institution as an accessory use of an existing church facility. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3726 GRANTED, limiting school enrollment to 450 students (PC94-147) (6 yes votes, i no vote). Approved Negative Declaration. BS. 134= REOUEST TO DETERMINE CONFORMANCE WITHIN THE GENERAL PLAN FOR TNT PROPOSED LEASE OF OFFICE SPACE FOR THE ORANGE COUNTY SOCIAL SERVICE AGENCY= REQUESTED BY= John Bordeaux, County of Orange General Services Agency, Real Estate Division, 14 Civic Center Plaza, Third Floor, P.O. Box 4106, Santa Ana, CA 92702 LOCATION= 900 East Vermont Avenue. Request to'determine conformance within the general plan for the proposed lease of office space. ACTION TAKEN BY THE PLANNING COMMISSION= Determined that the use is in conformance with the Anaheim General Plan (7 yes votes). Mayor Daly noted that there were County staff members in the audience regarding this item. He thanked the staff members who were from the G.S.A. Office who worked so hard on the relocation of the welfare office and City staff as well. There was no action taken by the Council on this item. B6. 155= FINAL SITE PLAN REVIEW APPLICATION FOR THE ANAHEIM P~$ORT SPECIFI~ Request for Planning Conunission review and approval. ACTION TAKEN BY THE PLANNING COMMISSION= Approved Final Site Plan for Anaheim Resort Specific Plan (PC94-148). 707 C£tv Ral~, Anaheim, California - COUNCIL MINUTES - NOVEMBER 22. 1994 - 5500 P.M. B7. 179: INTERPRETATION OF ZONING CODE SECTION 18.060.050.02591 PERTAINING TO PARKING REQUIREMENTS FOR LIVE PERFORMANCE THEATERS PURSUANT TO CODE SECTION 18.02.041 "LAND USE REGULATIONS - RESOLUTION OF UNCERTAINTIES": AcT~0N TAKEN ~Y TH~ PLANNING COMMISSION: Determined that the number of parking spaces should be determined by the number of seats or the number of patrons, whichever is greater (PC94-150). · ND OF TH~ PLANNING CO~ISBION ITEMS. ITEMS B8 - BI0 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER ~0, 1994: DECISION DATE: NOVEMBER 17. 1994 INFORMATION ONLY - APPEAL PERIOD BNDB DECEMBER ~, ~994 (THE APPF, AL PERIOD'FOR TENTATIVE PARCEL MAPS EXPIRES MONDAYr NOVEMBER 28. 1994) B8. 170: TENTATIVE PARCEL MAP NO. 94-186. CATEGORICALLY EXEMPT, CLASS 155 OWNER: Marcia & Jun Nishino, 1780 North Winlock Street, orange, CA 92665 AGENT: Jeffrey Gyzen, 2081 Business Center Drive, $128, Irvine, CA 92715 LOCATION: 201 South Peralta Hills Drive. Property is approximately 2.3 acres, having a frontage of approximately 94 feet on the south side of Peralta Hills Drive, with maximum depth of approximately 456 feet and being located approximately 1,250 feet south of the centerline of Santa Ana Canyon road. Petitioner requests approval of Tentative parcel Map No. 94-186 to establish a 2-lot parcel map. ACTION TAKEN BY THE ZONING ADMINISTRATORs Tentative Parcel Map No. 94-186 APPROVED (ZA Decision No. 94-29). B9. 170: TENTATIVE PARCEL MAP NO. 94-190. CATEGORICALLy EXEMPT, CLASS 15: OWNER=. Sumitomo Bank of California, P.O. Box 311, Tustin, CA 92681 AGENT: Barry Cottle, P.O. Box 311, Tustin, CA 92681 LOCATION: 305 and 325 North Muller Street. Property is approximately 3.6 acres, having a frontage of approximately 480 feet on the west side of Muller Street, with a maximum depth of approximately 328 feet and being located approximately 810 feet north of the centerline of Lincoln Avenue. Petitioner requests approval of Tentative parcel Map No. 94-190 to establish a 2-lot industrial subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATORs Tentative Parcel Map No. 94-190 APPROVED (ZA Decision No. 94-30). B10. 179: ADMINISTRATIVE USE PERMIT NO. 94-03, CATEGORICALLY EXEMPT, CLASS 21: OWNER: Susie L. Martin, 2836 West Orange Avenue, Anaheim, CA 92804 LOCATION: 2836 West Orange Avenue. Property is approximately .16 acre, having a frontage of approximately 68 feet on the south side of Orange Avenue, having a maximum depth of approximately 106 feet and being located approximately 575 feet west of the centerline of Dale Avenue. To permit a large family day care home for up to 12 children. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Use Permit No. 94-03 APPROVED (ZA Decision No. 94-31). 7O8 C£tv Hall, Anaheim, California - COUNCIL MINU~S - NOVEMBER 22r 1994 - 5500 P.M. END OF TH~ ZONING ADMINISTRATOR ITEMS, Bll. 1795 ORDINANCE NO. 5462 FOR ADOPTION5 Amending Title 18 to rezone property under Reclassification No. 93-94-05 located at the Area 5 Development site bounded by Lincoln Avenue to the north, Broadway to the south, East Street to the east, and the Atchison Topeka Santa Fe right-of-way to the west; from the RM-1200, CL, RM-2400, RS-7200 and ML zones to the RM-3000 zone for PARCEL A, and from the RM-1200, RM-2400, RS-7200 and ML zones to the RM-2400 zone for PARCEL B. (Introduced at the meeting of November 15, 1994, Item B1.) Council Member Daly offered Ordinance No. 5462 for adoption. Refer to Ordinance Book. ORDINANCE NO. ~46~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 93-94-05 located at the Area 5 Development site bounded by Lincoln Avenue to the north, Broadway to the south, East Street to the east, and the Atchison Topeka Santa Fe right-of-way to the west; from the RM-1200, CL, RM-2400, RS-7200 and ML zones to the RM-3000 zone for PARCEL A, and from the RM-1200, RM-2400, RS-7200 and ML zones to the RM-2400 zone for PARCEL e.) Roll Call vote on Ordinance No. 5462 for adoptions AYES= NOES= ABSENTs COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS5 Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Ordinance No. 5462 duly passed and adopted. Cl. 107= DISCUSSION - GARAGE SAL~S: Discussion requested by Council Member Feldhaus at the meeting of November 1, 1994, regarding garage sales, yard sales, and weekend sales in industrial areas. Submitted was report dated November 16, 1994 from the City Attorney on the subject of garage sales which contained attachments. Council Member Feldhaus. The Council has received staff reports from both the Planning Director, Joel Fick and the City Attorney. Included with the City Attorney's report were copies of applicable sections of Santa Ana's zoning code as well as the Fullerton Municipal Code. He would like to have a staff pregentat£0n on the regearch that hag been done. City Attorney White. He briefed his report noting that the issue of garage sales was looked into about a year ago by his office to determine what other cities were doing with regard to regulations. It was determined at that time that at least nine cities in the county did have an ordinance regulating garage sales and another 14 did not. Of the nine that had such ordinances, they identified what they considered to be a rather typical ordinance, i.e., to allow two such sales per year with each sale not exceeding three consecutive days and to provide a limitation on the signage that could be erected and maintained for garage sales. He has submitted to the Council copies of two representative ordinances that he believes are fairly typical for those cities that regulate garage sales. His staff determined in talking not only to other cities but also members of the Planning Department that 709 City Ballr Kuahe4~r Cal£fornia - CO~D~CIr. NI~S - NOVEMBER 22~ 1994 - 5.:00 cities that had adopted ordinances regulating garage sales ran into rather heated discussions in the community since the subject is one of a great deal of concern by people who either enjoy having such sales or visiting them on a regular basis. The information led them to conclude if the Council were to choose to agendize the subject with a possible ordinance limiting garage sales, they could anticipate they will probably run into the same polarization or bifurcation of thought in the conununity. It is a policy decision of the Council. Joel Fick, Planning Director. The City Attorney has outlined the issue accurately from the Planning Department's perspective as well. Garage and yard sales are currently not permitted in any zone within the City at any time and the City's enforcement policy has been to take action on a complaint basis or when violations are readily apparent to officers in the field. They currently provide Saturday enforcement service, two Saturdays each month. When they do receive complaints, they do investigate and written warnings are issued to the sellers. If the activity continues, they take the enforcement further. Code Enforcement staff and Mr. Pools, the Code Enforcement Manager, can answer specific questions but they are generally satisfied with the present program. They have also noticed an increase as well, but generally are satisfied with the results. The policy issue is whether enforcement activity should be increased. council Member Feldhaus. One.of the statements was made that Code Enforcement activity on the weekends could be strengthened since it was indicated that noticeable violations are more prolific on weekends. Santa Aha also recognized that same situation. It is not his intention to restrict garage sales or yard sales. His concern is with the violations of spreading clothing out on public sidewalks and the blight that occurs from signs and the like. He also knows and can furnish addresses of those selling new products every weekend. Something needs to be done to keep the City cleaned up and kept as a first class City. He has received enough comments and complaints to where it is necessary to do something. Volunteerism is a way that enforcement could work on weekends to make people aware of the violations. He feels it would be a very low cost way to address the situation. He clarified for the Mayor that he is looking for enforcement of the violations that are occurring on weekends. They did the same with graffiti with people patrolling at night which worked well. Mayor Daly. Perhaps the City Manager could report back to the Council at some time in the future as to the feasibility or potential to utilize volunteers to support ongoing enforcement activities especially on weekends. He asked staff if they had comments tonight or would they prefer to respond in writing in the future. The City Manager answered that he would prefer to sit down with staff and discuss the issue and come back in 30 days with a report and recom~endation for the Council. C2. 127: DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8. 1994: City Clerk Sohl noted that the City Attorney advised that this matter should be deferred until after the public hearing. Later in the meeting after the public hearing, City Clerk Sohl introduced a resolution reciting the fact of the General Municipal Election held on 710 C~tv Hall~ Anaheim~ Californ~a - COUNCIL MINUTES - NOVEMBER 22~ 1994 - 5:00 P.M. November 8, 1994, declaring the result and such other matters as provided by l&w. She did place the final results before each Council Member which she received this afternoon from the Registrar of Voters Office. This is the resolution that will certify the final results of the recently held election. Council Member Daly offered Resolution No. 94R-272 for adoption, reciting the fact of the General Municipal Election held on November 8, 1994, declaring the result and such other matters as provided by law. Refer to Resolution Book. RESOLUTION NO. 94R-~72~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994, DECLARINO THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Roll Call Vo2e on Resolution No. 94R-272 for &dop~ion~ AYES~ NOES= ABSENT= COUNCIL MEMBERS~ COUNCIL MEMBERS= COUNCIL MEMBERS= Feldhaus, Simpson, Pickler, Hunter, None None Daly The Mayor declared Resolution No. 94R-272 duly passed and adopted. 711 CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE. OF CALIFORNL4) )= COUNTY OF O~v"4N~E ) I, Donald Tanney, Registrar of Voters of Orange County, ~o hereby certify the following to be a full, true and correct Statement of the Vote of the electton ltsted below, ~onsoltdated with the General Election held on November 8, 1994. CITY OF ANAHEIM GENERAL MUNICIPAL ELECTION MAYOR TOM OALY' 36,889 CURTIS STRICKER 15,051 MEMBER OF THE CITY COUNCIl L0U LOPEZ 15,363 BOB ZEHEL ]4,539 SHIRLEY A. MCCRACKEN 10,866 PAUL V. BOST~/ICK 10,613 SHARON A. ERICSON 10,533 KEITH OLESEN 7,682 LEONARO LAHTINEN . 6,044 LORETTA SANCHEZ BRIXEY 6,003 EOHARO S.. SKINNER 5,148 PHYLLIS R. BOYOSTUN 5,107 PHILLIP KNYPSTRA 3,128 JEFF KIRSCH 1,528 JERRY R. STOCES 1,305 HITCHELL T. TRACY 1,287 OOHN ANTHONY RUSSO 1,227 DAVID L. KEELER 1,054 PRECINCT BALLOTS CAST: 51,639 ABSENTEE BALLOTS CAST: 12,754 TOTAL BALLOTS CAST:. 64,393 I hereby certify that the number of votes cast for each candidate is as set forth above and appears in the Certified Statement of the Vote. ~IITNESS ~a~i~nd and Offtctal Seal this 21st day of November,. 1994. .,-"e. ?:'- ........... %, · : : r'? ...... ~ .~ · - ~NALO T~NEY / :~ ~ -~t~"t-'L;.~¥i . .~,= , 'REGISTER OF VOTERS' ~: 'e .~ ;~ g...,~ ~: > z Orange County 712 City Hallf Anahe:i.m, Cal£forn£a - COUNCZL MI~S - NOVEMBER 22f 1994 - 5:00 P.M. C3. 114= COUNCIL COMMENTS= Additional brief comments were made by Council Members Pickler, Hunter and Simpson on their tenure and again complimented certain members of staff as well as City employees in general. C4. 11~= ~ORT ON CLOSED SESSION ACTIONS= City Attorney White stated that there are no actions to report. D~, ~79~ ~NTINUED PUBLIC HEARING - wAIVER OF CODE HEOUIREMENT. CONDITIONAL U~ PERMIT NO. 3714 AND MITIGATED NEGATIVE DECLARATION= OWNER: IDM Apartment Corporation, One World Trade Center, Long Beach, CA 90801 AGENT~ Penhall Co., Attn= Dick Reel, P.O. BOX 4609, Anaheim, CA 92801 LObATION/REQUEST= The property is located at 714 North Brookhurst Street and is approximately 7.16 acres located at the northeast corner of Brookhurst Street and Grammercy Avenue. The request is to permit a road base processing facility with on site rock crushing and a temporary office trailer with waiver of minimum site screening. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3714 GRANTED, to expire in five years on September 7, 1999 (PC94-125) (6 yes votes, i absent). Approved waiver of code requirement. Approved Mitigated Negative Declaration. HEARING SET ON: A letter appealing the decision of the Planning Commission was submitted by J. Bennett Friedman, Levinson, Miller, Jacobs & Phillips on behalf of QRE Holding Company and continued from the meetings of October 18, and November 15, 1994 to this date. PUBLIC NOTICE REOUIREMENTS MET BY= Publication in Anaheim Bulletin - October 6, 1994 Mailing to property owners within 300 feet - October 5, 1994 Posting of property - October 7, 1994 PLANNING STAFF INPUT: See staff report to the Planning Commission dated September 7, 1994. Mayor Daly. The Council has received some late correspondence on this item from persons concerned about the proposed rock crushing operation. Because there is a transition of Council Members occurring and in the interest of further studies being undertaken on the item by various concerned parties, he is going to suggest a two-week continuance unless the City Attorney advises otherwise or unless there is a legal problem. MOTION: Council Member Daly moved that the subject continued public hearing be further continued for two weeks. Before any further action was taken, City Attorney White stated it would be appropriate to determine if there is any objection from the applicant and to have it on the record. He does concur because of the transition of the Council for reasons of due process and in the event that the matter might be continued even after the hearing is started tonight, it may be in the interest of all concerned to have the matter fully heard by the body that is going to make the final determination.' 713 C£tv Hallr Anaheimr Ca~££orn£a - COONCZL NINIJTBS - NOVEMBER 22. 1994 - 5:00 P.M. Mayor Daly. He asked to hear from a representative of the applicant, the Penhall Company relative to the proposed two-week continuance to allow the new Council Members to be seated. Richard Reel, Penhall Company. The matter has been postponed at one time or another for various reasons. Penhall is interested in bringing it to a conclusion. They have a rather timely lease agreement with the property that they need to culminate. Time is of the essence in their proposal. Mayor Daly. He asked if a two-week continuance is acceptable and has he had a chance to coo~nunicate with some of the parties who have recently comented to the City on the proposal. Richard Reel. He first answered yes to the latter and that those discussions at this time have probably gone as far as they can go. From their standpoint, they are ready to proceed. City Attorney White. He asked if the applicant objects or prefers to start the public hearing tonight noting that it may not be concluded tonight and the possibility exists it might have to be started over again at a later date. They have received correspondence by opponents that were late arriving. He is not sure anyone has had a chance to adequately digest all of those comments or even whether the applicant has had a chance to prepare adequately; Mr. Reel said they'have done so. The City Attorney asked then if he was objecting to continuing the public hearing for two weeks. Mr. Reel. He is not totally objecting, but wants to be sure that the matter is promptly resolved. They do not understand the reason for the request for a continuance. City Attorney White. From a legal standpoint based upon historical perspective of public hearings in front of the City Council that a matter as complex or on the face appears to be complex with as much opposition as there appears to be often does not get resolved in one Council meeting and is continued from one to another. It is a unique situation in that three Council Members present tonight will not be Council Members at the next meeting. They will be replaced by two new members with one vacancy. The People hearing the testimony may not be the people who will be ultimately approving or denying the proposal. He is concerned from a due process standpoint that no one would be prejudiced by starting a hearing at one meeting with five Council Members when three will not be present if the matter gets continued to a subsequent hearing. It may work in the applicant's favor to get a continuance because if it gets approved, ultimately it would avoid what argument could be raised about the propriety of the action that was taken. Mayor Daly. It may be the most efficient thing to do to wait two weeks. Mr. Reel stated that would be acceptable. City Attorney White. The new Council will be sworn in on November 29, 1994 and the first business meeting of the new Council will be on December 6, 1994, two weeks from tonight. That would be his recommendation and he believes that the applicant has now agreed and there is a motion to that effect on the floor. 714 C4tv Hall. A~,~h_eim. Californ_~A - COUNCIL MINUTES - NOVEMBER 22r 199~, - 5z00 P.M. Council Member Daly repeated his motion that the subject continued public hearing on Conditional Use Permit No. 3714 be continued for two weeks to December 6, 1994. Council Member Hunter seconded the motion. Before a vote was taken, Council Member Daly noted on December 6, 1994, there will be a four-member Council. If there is a split vote and the public hearing has to be continued and a fifth Council Member eventually joins the public hearing on December 13 or in January or whenever, what does that do as far as the City Attorney's procedural concern. City Attorney'White. Because of the rule of necessity that would be implemented under Council rules adopted by resolution, if there is a split vote, the item would automatically be continued to the next meeting at which there was a full Council which would mean after someone was appointed. That Council Member would then need to review the tape recording of the hearing, review any written comments and then be able to vote on the matter. A vote was then taken on the foregoing motion to continue the matter for two weeks. MOTION CARRIED. ADJOURNMENT= By general Council consent the meeting of November 22, 1994 was adjourned. (6~18 p.m.) On November 29, 1994 the Swearing-In Ceremony of the new Council Members and Mayor will take place. (It is not anticipated that there will be any items of business on that date. ) LEONORA N. SOHL, CITY CLERK 715