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1993/02/02City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 2. 1993 - 5:00 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CITY TREASURER~ Charlene Jung PLANNING DIRECTOR: Joel Fick PRINCIPAL CIVIL ENGINEER: Natalie Lockman SENIOR CODE ENFORCEMENT OFFICE: Don Yourstone UTILITIES GENERAL MANAGER: Edward Aghjayan UTILITIES FINANCIAL SERVICES MANAGER: Michael Bell A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:25 p.m. on January 29, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et. al., Orange County Superior Court Case No. 44-81-74. Burnside vs. City of Anaheim, Orange County Superior Court Case No. 68-19-70. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b)(1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, city Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (3:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:13 p.m.). 72 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5=00 P.M. INVOCATION: Reverend John P. Lenihan, St. Boniface Church, gave the invocation. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing February as "American History Month in Anaheim" FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,314,221.91 for the period ending January 29, 1993, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:17 p.m.) Mayor Daly reconvened the City Council meeting. (5:20 p.m.) PUBLIC COMMENTS - AGENDA ITEMS: Citizens addressed Items AiO and Ail (see discussion under those items). ITEMS OF PUBLIC INTEREST: Kenneth Fisher, West Cerritos, Anaheim. He addressed the problem of stolen grocery carts, something which is costing taxpayers many dollars in fees and increased cost of groceries. Not only are they stolen, but vandalized and then abandoned requiring City clean up. There is a law on the books in California regarding stolen grocery carts. What he is proposing is a City ordinance where anyone who has a shopping cart without lawful authority will be given a ticket similar to a traffic ticket. If not the people, then the supermarket should be held accountable to enforce the law whereas now they refuse to press charges. He urged Council action. City Attorney White explained for the Mayor that State laws currently regulate this particular area. He has not researched this issue and cannot give a definite answer tonight. He clarified for Mr. Fisher that he could contact the City Attorney's Office regarding the matter. Louis Martineau, 2167 W. Lullaby Lane, Anaheim. The County of Orange sent homeowners a notice regarding a site development permit and variance on a house in the County area. There is a proposal to turn the house into a church but there is not adequate parking on the site. Their cul-de-sac is opened to Brookhurst and is directly across from the property where the church is proposed. They are concerned about parking problems on Sundays or whenever church meetings will be held. The intersection of Brookhurst and Cerritos is very dangerous. They are also concerned about increased pedestrian traffic especially since there are no sidewalks in the area. There is also a bus stop at the end of the cul-de-sac which presents problems. They are requesting a letter from the Council or the Mayor to the Planning Commission of the County stating the residents are greatly concerned about this site development and variance request. The issue is to be heard before the Orange County Planning Commission on Tuesday, February 9, 1993 at 1:30 p.m. He has a copy of the notice (subsequently submitted). 73 City Hall. Anaheim, California - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5500 P.M. Mayor Daly. He asked if staff had been notified of this matter and, if not, that the City obtain the information and that staff prepare a comment letter on the proposal to be forwarded to the County. Joel Fick, Planning Director. He had not seen the notice but staff would be happy to meet with Mr. Martineau and the neighbors, look at the concerns and, if appropriate, forward those on to the Orange County Planning Commission. Doug Gibson, 931 S. Peregrine, Anaheim. In traveling the roads of Southern California, he does not believe Anaheim is getting the proper identification regarding graffiti removal that Caltrans gives to other cities. He then gave the two Caltrans graffiti removal numbers for Anaheim - 724-2607 and 724-2500. The Anaheim graffiti removal number is 726-1306. Anaheim has a lot of things in place that other cities do not have. MOTION5 Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of February 2, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/D~PARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, 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 Pickler offered Resolution Nos. 93R-24 through 93R-26, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5352 through 5354 for adoption. Refer to Resolution/Ordinance Book. Al. 1185 The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Clyde W. Kelley, c/o Rick A. Blake, for bodily injury sustained purportedly due to actions of the City on or about August 29, 1992. b. Claim submitted by Stephen Jay Fromme for property damage sustained purportedly due to actions of the City on or about November 3, 1992. c. Claim submitted by Rebecca DeWitte, c/o Kenneth D. Miller, for bodily injury sustained purportedly due to actions of the City on or about June 30, 1992. d. Claim submitted by Earl Fraser Construction; Earl George Fraser, Sr. & Earl George Fraser, Jr, c/o Donna Maryanski, for indemnity sustained purportedly due to actions of the City on or about August 9, 1992. e. Claim submitted by Odon Barrera Diaz, c/o Kenneth D. Miller, for property damage and bodily injury sustained purportedly due to actions of the City on or about November 3, 1992. f. Claim submitted by Rachel Valentich for property damage sustained purportedly due to actions of the City on or about June 28, 1992. 74 C£t¥ Hall, ~nahe£m~ Cal£fornia - COUNCIL NINUI~S - I~BRU~s~tY 2~ 1993 - 5:00 P.M. g. Claim submitted by Plaza Landscape, Inc., c/o Martin B. Greenbaum, for property damage sustained purportedly due to actions of the City on or about August 25, 1992 and September 28, 1992. h. Claim submitted by Anaheim Tennis Center, Inc., c/o Michael D. McEvoy, for indemnity sustained purportedly due to actions of the City on or about October 30, 1992. i. Claim submitted by Gilberta H. Moore for property damage sustained purportedly due to actions of the City on or about November 7, 1992. j. Claim submitted by Nick Lamitz for property damage sustained purportedly due to actions of the City on or about November 16, 1992. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held December 9, 1992. A3. 169: Awarding the contract to the lowest responsible bidder, Wakeham- Baker, Inc., in the amount of $279,279 for the extension of Auto Center Drive; and in the event said low bidder fails to.comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second low bidders. A4. 175: Approving a Notice of Completion of the Construction of Sycamore Street 10" Water Main Relining by Macco Constructors, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. AS. 123: Approving a Settlement Agreement with Smith-Emery Company for irregular billing charges and procedures in connection with the Anaheim Arena; and authorizing signature by the Director of Public Works/City Engineer. Council Member Pickler voted no on this item. A6. 123: Approving an Amended and Restated Parking License with the County of Orange with regard to the use of County Transfer Site for Arena parking. Council Member Pickler voted no on this item. A7. 160: Accepting the bid of Westinghouse, in the amount of $15,384 for 12 25-KVA, 240 volts, and nine 25-KVA 480 volts, conventional transformers, in accordance with Bid ~5106. 160: Accepting the bid of Kuhlman Electric, in the amount of $8,550 for nine 50-KVA conventional transformers, in accordance with Bid #5106. 160: Accepting the bid of central Maloney, in the amount of $9,711 for nine 50-KVA conventional transformers, in accordance with Bid $5106. AS. 160~ Accepting the bid of West Lite Supply Company, in the amount of $138,170 for 800 Permalux 70 watt fixtures, 600 Mlcroliter 150 watt fixtures, and 600 Permaliter 150 watt fixtures, in accordance with Bid ~5108. Ag. 160: Accepting the bid of Reynolds GMC Trucks, in the amount of $46,900 for three one-ton trucks with service bodies, in accordance with Bid $5113. Al0. 175: Action on the Electric Rates, Rules, and Regulation statutory exemption under the California Environmental Quality Act was deferred to February 9, 1993. 75 C~t¥ Hall. An&he£m~ C&l~forn£a - COUNCIL MINUTES - FEBRU~tY 2, 1993 - 5:00 RESOLUTION NOt ...... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 92R-25. All. 175: Action on the Water Rates, Rules, and Regulation statutor exemption under the California Environmental Quality Act was deferred to February 9, 1993. RESOLUTION NO. - ..... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 91R-337. The following people spoke on the subject proposed increases on both Electric and Water rates and their concerns are summarized= Frederick Palmieri, 110 S. Strada Place, Anaheim. Concerns - Water rates: The tendency to increase utility rates throughout the years. The proposed increase in water rates seems to discriminate against people with larger properties. The proposed regulations will penalize indiscriminately as to whether there has been any attempt at conservation. It will not take into account the size of water mains, the size of families, the size of properties and, therefore, it is discriminatory and unfair. Electrical Rates: (He first commended the Utilities for the action taken to reduce operating budgets.) One of the major expenses in the Utilities budget is the General Fund Allotment of 4%. He suggests looking at reducing the size of that transfer to the City's General Fund. Roland Krueger, 561Peralta Hills Drive, Anaheim. He first commented that they are happy to see that the Water Division cut $6.2 million and the actions taken to accomplish that reduction. Concerns: Re: Water - A $985,000 profit is being turned over to the General Fund. That should be used to offset the budget shortfall. There was no mention of the 2% Utility Users Tax in the report. Utilities is using an inverted block rate schedule for residential rates to send a price signal to consumers to conserve water. This is highly discriminatory since it is only applied to the residential area. The report says only 5% of the residential customers will fall in the upper high rate block - 95% will actually have a decrease or break even. He concludes that it is not aimed at conservation but increased revenue from the small 5% portion of the population in the upper rate block. High rate users do not need any additional price signals since the cost of water is high enough already. The initial overall price change has been limited to a relatively small amount but the impact of the changes will be rather large. Although the report is careful not to say it, at least a part of the budget shortfall comes from lower water usage from the Drought Conservation Program. Rather than always considering a price increase, the Department should continue to work on reducing costs of operation. He and some residents who are present with him suggest that the hearing be continued in order to consider some of the things he has presented to balance the budget rather than imposing large rate increases and that the discriminatory inverted rate structure for the residential area alone be eliminated so that everyone is treated in the same manner. Phil Knypstra, 2520 Gelid, Anaheim. He did intervene at the Public Utilities Board (PUB) Water and Electrical Rates Hearing. His opinions are based on the 76 Cit¥ Hall~ Anahe£m~ Cal£forn£a - COUNCIL MINUTES - FEBRUARY 2e 1993 - 5~00 P.M. extensive homework he has done. He does not believe the PUB has fully briefed the Council on all the facts. Based upon his facts, water rates in Anaheim are basically not structured properly. They are not fair and have not been fair for years. (Also see Mr. Knypstra's testimony given at the public hearing on electric and water rates held Thursday, January 21, 1993 before the PUB for which a verbatim transcript was prepared.) They clearly favor commercial and industrial at the expense of residential. He then elaborated extensively on his reasons/facts justifying his findings. In the Utilities financial reports, it is noted that the average cost for a billing unit - 100 cubic feet of water - is $1.02 for residential and .67 cents on average for commercial-industrial. That is the biggest differential that exists in the entire Metropolitan Water District service area. There is no other jurisdiction that treats its high-volume consumers of water that is favoring the consumption of high-volumes of water. There is nobody lower that he has surveyed. Looking at the residential side, the opposite is true. In the data given in the report, they give cities that are not comparable. Anaheim should be compared with like cities - those surrounding Anaheim - Fullerton, Orange, Garden Grove and Santa Ana. He feels that none of the other cities mentioned in the survey count. They have a responsibility to do as well for Anaheim residents as Orange and Garden Grove, etc. Comparing residential water rates, and he has done a whole analysis, in probably 80 to 85%, Anaheim has higher rates than the City of Orange, Garden Grove and Santa Ana while Anaheim is in a position to be able to do it cheaper than other surrounding cities. He has told the PUB many times they have an obligation to do as well for Anaheim citizens as other comparable cities. It is clear this is unfair and it cannot be corrected in one final decision but somehow it is necessary to move in the right direction. He does feel there is a tendency that Public Utilities is trying to move in the right direction but believes they are afraid of the political aspects. Dr. William Kott, 522 Dwyer Drive, Anaheim. He attended the Public Utilities Board hearing. In his opinion, the hearing was a joke and the Board is a joke. Citizen participation is too limited by the process. He does not agree with Utility funds recently allocated for scholarships and questions the legality of making gifts of public funds for such a use. It is his understanding the Council did not have the minutes of the hearing before the Public Utilities Board and, if not, how can they make an informed decision relative to the proposed rate increases. He believes there is a mentality in the Utilities Department that every year there has to be an increase. He suggests that the Utilities Department have a complete financial and management audit. He thought rate increases were to be across the board. Relative to undergrounding, there should be a separate fund so that money does not go into the General Fund. Rate increases cannot go on year to year. There should be a spending limit. Amin David, 419 S. Cole, Anaheim. He protests the proposed electrical and water rate increases. It is obvious the increases are discriminatory and any rate increases are also a tax increase. Until the Council has the fortitude to privatize the electric utilities, as he feels it should be, this tacit acceptance of the request for more money merely reinforces what he considers blatant hypocrisy as representatives of the people. Mayor Daly asked to hear from staff. Ed Aghjayan, Public Utilities General Manager. He gave the background relating to the rate increases being proposed today starting last year when the Council delayed for three months the implementation of Utility rate increases. Council told Utilities to go back and get their house in order and 77 C£t¥ Hall, Anaheim, Californ£a - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5:00 P.M. show that they could bring costs in line before they could get approval from the Council. They did that and subsequently the Council approved the increases and the Utilities committed to reducing staff level by 15 full-time employees in the department. Staff indicated at the time they believed because of the three or four month delay and because they were getting into the preliminary stages of acquiring the San Juan 4 Coal Plant in New Mexico which will provide the City with 30 years of lower cost power once integrated into the system, that there were going to be higher costs over the next year or two and suggested they were facing as much as a 9% increase in electric rates effective January 19, 1993. In the past year, they have not only removed 15 but 27 positions with a decrease in annual operating costs of $6,000,000 which includes many other costs besides a reduction in positions. (He clarified for Council Member Feldhaus 27 positions and 27 bodies are out of the department and budget since it was not their practice to hold vacant positions just for the sake of doing so.) Since the staff report was prepared, another management position was eliminated. The savings are real and there are savings inherent in other things they are doing. They managed to cut the proposed 9% increase to 2% and half of that 2% is for the undergrounding program - the increase in operating costs for the electric utility is 1%. Mr. Aghjayan then answered some of the specific issues/concerns addressed by the public including the complaint of discriminatory rate design (gave results of Comprehensive Water Division Cost-of-Service study) and the public hearing process on rates before the Public Utilities Board. Following Mr. Aghjayan's presentation, Council Members posed questions relative to the seeming lack of parity between rates for residential, small and large commercial and industrial, the percentage devoted to undergrounding, volume usage, etc. During the discussion and questioning, Mr. Aghjayan explained even though there is no increase for industrial uses, general service industrial is actually paying slightly more than Edison rates and that concerned the department greatly. Their industrial rates are not the bargain the department would like them to be. The residential rates 20% below Edison's are. They are looking at some additional cuts and savings in order to come back to the Council in the next few months to lower the industrial rates even further. They do not believe those rates are low enough. If they took undergrounding out of the increase request, they would only be requesting a 1% increase and on the other hand recommending a 1% decrease for industrial customers. The Cost of Service study also stated the industrial rates should be lower. Mike Bell, Financial Services Manager, Public Utilities Department. The way the water rates are structured in the residential class is such that a greater percentage of the revenues are collected through the fixed customer charge. When comparing on an average cost basis someone who uses a small amount of water, their average cost seems to be much higher. With large uses, their average cost is much lower. Residential charges are collected between a fixed component and a variable component. On an average, taking a fixed component residential class, it is a higher portion of the revenue the department is collecting. Each billing period there is a fixed charge whether the customer uses water or not and then there is a variation charge based upon the amount of water purchased. Those customers who use a small amount are experiencing a greater percentage of their bill in the fixed charge not using much on a commodity basis. Getting up to a higher level of use, that block goes up. What they are saying in rate comparisons for residential classes, a 7% decrease for some users and as much as a 16% increase for large users of water. They are trying to move to a situation between large and small users 78 C£t¥ Hall, Anahe~e~ Cal£fornia - COUNCIL MINUTES - FEBRUARY 2~ 1993 - 5:00 P.M. charging rates more in line with what other cities are charging. In the residential class in Anaheim, rates for large water users have been very low compared with other cities. They are trying in this process to make Anaheim's rates closer and more competitive with surrounding communities. Mr. Aghjayan also explained that come next year when Metropolitan Water District is proposing a 22% increase in the cost of water, in July, the City will be taking down the Lenain Filtration Plant for rebuilding. During that period, they will have to buy treated water from MWD for 18 months costing $1,000,000, until the plant is complete. He feels they are facing significant water rate increases in California for the next 5 to 10 years and will have to do everything they can to hold them in line. Council Member Pickler suggested a continuation of the decision on the proposed rate increases for about two weeks; Ed Aghjayan. If the Council feels comfortable about one increase and not about the other and the preference is to go ahead with electric, that would be fine. If the Council needs two weeks for the whole thing, the department will go along with that. City Attorney White. He then spoke to some comments that were made by the public. A verbatim transcript of the public hearing by the Public Utilities Board was made available to Council members. It is not contained in the agenda packet material, but the Council had the opportunity to review that prior to the action on the agenda. Secondly, with regard to scholarships (see minutes of January 5, 1993 where the matter was discussed and approved) there was extensive discussion regarding the matter. His office did look at that. The legal issue involved is whether there is a public purpose served by that expenditure. It is the same type of analysis when the City Council authorizes funds to spend on public benefitted programs that do not necessarily specifically relate to benefitting Anaheim in particular but benefits the public generally such as the Battered Women's Shelter, YMCA and any other publicly benefitted program. An analysis was done by his office before it came to the Council for consideration and approval. Council Member Hunter. He is not in a position tonight to vote for any increase in water or electric rates. Mayor Daly asked if the Council would like to have a workshop session prior to hearing the matter again; Mr. Aghjayan asked to come back with a workshop next week and try to get the issue resolved at that time. After further Council discussion, it was determined that a workshop session regarding Items AIO and All will be held on Tuesday, February 9, 1993 at 2:00 p.m. (before the regular Council meeting) with action to be taken at the 5=00 p.m. ~ortion of the meeting on those two items. The Public Utilities Board members will be invited to attend although it will not be a formal joint meeting of the Council and the Board. Mr. Aghjayan added that he will hand deliver copies of the transcript of the prior meeting to the Council. Al2. 108: ORDINANCE NO. 5352 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 4.70, CONSISTING OF SECTIONS 4.70.010 THROUGH 4.70.200, INCLUSIVE, RELATING TO TATTOOING ESTABLISHMENTS AND OPERATIONS. (Introduced at the meeting of January 26, 1993, Item A20.) 79 Hall. B~uahe~m~ Cal£for~s - COUNCIL MINUTES - FEBRUARY 2~ 1993 - 5~00 P.H. 108: ORDINANCE NO. 5353 - ADOPTION= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.64 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FOOD HANDLING BUSINESSES. (Introduced at the meeting of January 26, 1993, Item A20.) 108: ORDINANCE NO. 5354 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.95 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO LABOR CAMPS AND AUTHORIZING FEES. (Introduced at the meeting of January 26, 1993, Item A20.) A13. 105: Receiving and filing Disclosures of Property Interests in Redevelopment Areas from Robert J. Anthony and Robert Linn. A14. 153: RESOLUTION NO. 93R-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. (Adding the classification of Business Enterprise Manager, effective February 12, 1993.) Council Member Feldhaus stated that he could not support this new position and will be voting no. 153: RESOLUTION NO. 93R-25~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (Changing the salary range for the Economic Development Coordinator, effective February 12, 1993.) 106: Amending the budget to increase both revenues and expenditures in Program No. 01-362 by $25,000, effective February 12, 1993, to effect the change in rate of compensation Economic Development Coordinators. A15. 123: Approving the Third Amendment to Agreement with Don Poff, Golf Professional, with the terms and conditions remaining the same, extending the Agreement on a month-to-month basis. This item was removed from the Consent Calendar (motion by Hunter seconded by Simpson and motion carried unanimously) and acted upon separately at the conclusion of the Consent Calendar. (See below) A16. 158: RESOLUTION NO. 93R-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTY OR INTERESTS THEREIN TO THE CITY. A16a. 1235 APPROVING THE LOCATION OF A TEMPORARY DISASTER APPLICATION CENTER: City Attorney White. This is an item that arose after the posting of the printed agenda last Friday and necessitates immediate Council action and will therefore rec/uire a motion waiving the 72-hour Posting Provision of the Brown Act. MOTION: Council Member Hunter moved to waive the 72-hour Posting Provision of the Brown Act. Council Member Pickler seconded the motion. MOTION CARRIED. As a part of the Consent Calendar, the Council approved a license agreement with TWA - Anaheim Limited Partnerships for utilization of 11,000 square feet in the Anaheim Hills Festival regional shopping center as a temporary disaster application center for those affected by the slide occurrence in East Anaheim Hills wherein the City will pay for the cost of utilities and stipulate to a waiver on liability. 80 C£tv Hall, Anahe£m, California - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5:00 P.M. Roll Cal~ Vo2e on Resolution No. 93R-24 for adoot£on~ AYES: COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: Feldhaus ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-24 duly passed and adopted. Roll Call Vote on Resolution Nos. 93R-25 and 93R-26 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution Nos. 93R-25 and 93R-26 duly passed and adopted. Roll Call Vote on Ordinance Nos. 5352 throuqh 5354, both inclusivet for adoptions AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5352 through 5354, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A15. 123: THIRD AMENDMENT TO AGREEMENT WITH DON POFF, GOLF PROFESSIONAL: Approving the Third Amendment to an Agreement with Don Poff, Golf Professional, with the terms and conditions remaining the same but extending the Agreement on a month-to-month basis. Submitted was report dated January 27, 1993 from Greg Smith, Stadium/Golf General Manager reco~mending approval of the subject amendment with the terms and conditions remaining the same but extending the agreement on a month-to-month basis. Council Member Simpson. He noted that the agreement with Mr. Poff is proposed on a month-to-month basis. It is obvious whatever comes out of the privatization study will not be done in a month or two months or perhaps even a year. City Manager James Ruth. Basically as a result of input from the Council over the past two years, there has been some interest on the park o~ members o~ the Council to explore the feasibility of privatizing Golf Operations. Staff has proposed to come back to the Council in the very near future with a proposal to do a feasibility study to see if it is a good idea to privatize or not. If the Council determines they want to pursue that study to contract those services out, they would then proceed going out with a full RFP (request for proposal) from the private sector to come back and offer bids for privatization of the Golf Operations. They have done a considerable amount of internal studies at this point. If the Council is amenable to the feasibility study, he believes it can be done in a short period of time. Staff is not in favor of prolonging Mr. Poff's contract. He has done a fine job in the Golf Operations, but staff feels this is in response to the Council's inquiries relative to whether they should pursue privatizing Golf Operations. 81 City Rail. Kuahei~n, Californ£a - COUNCIL NXlqU~E$ - FEBRUARY 2, 1993 - 5=00 P.M. Council Member Hunter. He does not feel anyone should be hired on a month-to-month basis. It is no way to treat a human being. He would like to see the contract amended to at least one year. There is no way, even if they go another route, that this will be done and over with in one year. His understanding is that the contract previously was three years and now it is being recommended month-to-month. He finds it very disheartening. Council Member Pickler. The feas£bility study is expected to be done in 30 days. That will give him a lot of answers. At that time, he can determine if a one-year or even a two-year contract will be best. Council Member Hunter. He does not know if the Council majority is to the point of saying they are going to privatize Golf, Stadium and the Convention Center. To him it appears staff is going off on a tangent based upon some members of the Council saying this is what we want you to do. He feels they are going in the wrong direction and is totally sorrowful to see what direction the City is going and no one is speaking up. It is time to draw the line. Treating a person like Don Poff or anybody else by saying they are going on a 30-day basis to him is an abomination. Council Member Feldhaus. He happens to agree. He does not believe it is fair to put somebody on a month-to-month basis who has been with the City especially since it is going to take at least six months to come to any kind of determination regarding privatization. MOTION= Council Member Hunter moved that the proposed amendment to the contract with Don Poff extend the contract for one year instead of on a month-to-month basis. Council Member Simpson seconded the motion. Before a vote was taken, Mayor Daly stated he is going to speak against the motion. This is a professional contract which is about to expire with one of the City's contractors. It is not a City staff person. The City's professional staff is recommending a month-to-month renewal. He does not think there is anything inherently wrong in that or unfair to the employee in question because the employee understands the reason why. There is a professional study under way that may save millions to the City. He asked Mr. Ruth, having heard the concerns about the month-to-month nature of the contract, if he still believes the recommendation is appropriate. City Manager Ruth. Even if the Golf Course is privatized, whoever comes in will have to assume the contracts. If the Council wanted to give a longer period, he does not think it would hurt the process. If they decide not to go out to contract the services, they could always come back and negotiate a longer contract. He feels they could give a one-year contract and that would not harm them in any private sector effort in terms of a big process. Council Member Pickler asked the City Attorney if they can make any changes at this meeting. City Attorney White. The Brown Act provides that the subject matter has to be set forth and it is definitely set forth. The Council would be making a change in the recommendation from staff and Council always has that prerogative. Re asked for clarification regarding the motion. If it was a one-year extension from March 11, 1993 to expire March 11, 1994 or it could be one year from tonight which would be February 2, 1994. Council Member Hunter. He will amend his motion to make it one year from this evening or February 2, 1994. Council Member Simpson accepted the amendment in 82 City' Hall~ Anahe~ Ca14forn£a - COUNCIL MINUTES - FEBRUARY 2~ 1993 - 5~00 P.M. his second. A vote was then taken on the motion as amended and carried by the following vote, all Ayes with Council Member Daly voting no. A17. 105: RESIGNATION - BUDGET ADVISORY COMMISSION: Accepting the resignation of Julie Mayer from the Budget Advisory Commission. (Mrs. Mayer is now serving on the City Planning Commission) City Clerk Sohl announced that there are now two vacancies on the Commission and one member whose term has expired and needs to be reappointed if it is the Council's wish. Prior to the meeting, she has placed in the Council's mail boxes a report, history and status. It has complete information so that the Council can determine how they want to handle the appointments which she is planning to bring forth for the Council meeting of February 23, 1993. City Manager Ruth. He first commended Julie Mayer for the superb job she did while serving on the Budget Advisory Commission. She was very active and participated extensively in the discussions. With her resignation at the last Budget Advisory meeting, the Commission suggested that the size of the commission was pretty large and perhaps cumbersome. In their opinion, it is not necessary to replace Mrs. Mayer unless the Council wish to do so. The Commission is saying they could work with fewer people. Staff has no opinion on that matter. MOTIONs Council Member Hunter moved to accept the resignation of Julie Mayer from the Budget Advisory Commission and that a letter of appreciation and thanks be sent to her for her services on that Commission. Council Member Simpson seconded the motion. MOTION CARRIED. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS= The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. Council Member Hunter left the Council Chamber. (7:06 p.m.) D1. 176: PUBLIC HEARING - ABANDONMENT NO. 92-6A:: In accordance with application filed by the City's Maintenance Department, a public hearing was held on proposed abandonment of two easements for surface drainage extending easterly from Garza Street at the ends of Chanticleer Road and Harriet Lane pursuant to Resolution No. 93R-2 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated December 4, 1992 was submitted recommending approval of said abandonment. Natalie Lockman, Principal Civil Engineer, confirmed that staff recommends approval of these drainage easements which are no longer needed. The property owners involved have agreed to accept them as part of their property and to maintain those areas. Mayor Daly asked if anyone wished to address the Council; there being no response he closed the public hearing. 83 City Hallt ~naheim, California - COUNCIL MINUTEB - I~BRUARY 2, 1993 - 5:00 P.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION= On motion by Council Member Feldhaus, seconded by Council Member Daly, the City Council finds that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. MOTION CARRIED. Council Member Feldhaus offered Resolution No. 93R-27 for adoption, approving Abandonment No. 92-6A. Refer to Resolution Book. RESOLUTION NO. 93R-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN EASEMENTS FOR SURFACE DRAINAGE EXTENDING EASTERLY FROM GARZA STREET. (92-6A) Roll Call Vote on Resolution No. 93R-27 for adoption: AYES: NOES: ABSENT: TEMPORARILY ABSENT: COUNCIL MEMBERS= COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly None None Hunter The Mayor declared Resolution No. 93R-27 duly passed and adopted. D2. 104: pUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT 1991-2: To consider the formation of Street Lighting Maintenance District No. 1991-2 (portions of Tract Nos. 238 A & B, 351 A & B and West Broadway Tract), and setting the beginning of the assessment period as July 1, 1993. At the meeting of January 12, 1993, (Item A7) the City Council adopted Resolution No. 93R-13 approving the report of the Superintendent of Streets for certain improvements to be made by the City under the Street Lighting Act of 1931. (Assessment District 1991-2); and Resolution No. 93R-14 declaring its intention to make certain improvements under the authority of the Street Lighting Act of 1931, describing improvements to be made, naming the streets upon which improvements are to be made, referring to the report of the Superintendent of Streets on file in the office of the City Clerk, fixing the period of time for which the improvements are to be made, and setting a time and place for hearing protests. (Assessment District 1991-2.) REQUESTED BY: Property owners in the vicinity of West, Citron, Lincoln and Santa Ana Streets. PUBLIC NOTICE R~OUIR~M~NT~ M~T BY: Publication in Anaheim Bulletin - January 21 and January 28, 1993. STAFF INPUT~ See staff report dated December 31, 1992 from the Director of Public Works and City Engineer Gary Johnson recommending approval of the report of the Superintendent of Streets for certain improvements to be made by the City under the Street Lighting Act of 1931 and setting the date for public hearing as February 2, 1993. City Attorney White. He knows that there are people in the audience who may wish to speak to this item. He recommends that they be given that opportunity if they wish to do so. However, he is recommending that this item be removed 84 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5500 P.M. from the agenda at this time and subsequently renoticed. A new law which took effect on January 1, 1993 relating to establishing new assessments - the Bergeson Bill - requires the City(e) to follow a different procedure. It will be necessary to renotice the hearing for a later date. It is a question of timing - the law now requires that two notices be sent and that there be a maximum of 45 days before the hearing. The public hearing will probably be held in approximately 60 days. Mayor Daly. As the City Attorney explained, the public hearing will be held in approximately 60 days due to the new legislation requiring additional notice. He asked if there are any comments members of the public would like to make at this time. Joe White, 809 W. Broadway, Anaheim. Ne has some concerns. He does not know why Citron street was included. It just takes in one side of Citron. They have reasonably good lights there now. If the residents want them, he is not going to object. Most of the lights are on the east side of the street. He does not want to lose the lights they have. He does not care what they do on the west side. He just wants to make sure they are not going to take out the lights on the east side. He owns property on Illinois Street. He wants to be sure baffle plates are installed where lights are right in front of homes. Mayor Daly. Hopefully that can be expressed in the staff report that will come to the Council in approximately 60 days. MOTIONs Council Member Pickler moved that this item be removed from the agenda at this time but that it will be heard in approximately 60 days at a public hearing. Council Member Simpson seconded the motion. Council Member Hunter was temporary absent. MOTION CARRIED. ITEMS BI - B9 FROM THE PLANNING COMMISSION MEETING OF JANUARY 11~ 1993 INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 2r 1993: B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3571 AND NEGATIVE DECLARATION: OWNER: City of Anaheim, Attn: Jack Kudron, P.O. Box 3222, Anaheim, CA 92803 AGENT: Robert Ballmaier, P.O. Box 19707, Irvine, CA 92713-9707 LOCATION: 1527 East Broadway. Property is approximately 0.08 acre located approximately 520 feet north of the centerline of Broadway (a portion of Lincoln Park). To permit a 75-foot high cellular telephone tower and unmanned equipment building with waiver of required setback abutting a residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3571 GRANTED (PC93-1) (3 yes votes, 2 no votes, and 2 vacancies). Waiver of code requirement APPROVED. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Daly and Feldhaus, and therefore, a public hearing will be scheduled at a later date. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3573 AND NEGATIVE DECLARATION: OWNER: Alvin Leon Whipple, 13550 Edgefield, Cerritos, CA 90701 AGENT: Tim Bundy, 20331 Irvine Avenue, #7, Santa Aha, CA 92707 85 City Hall, Anahe~m~ Cal£~orn£a - CO~B~'CIL MINI,W~'~$ - FEBRUARY 2~ 1993 - 5:00 P.M. LOCATION~ 201 East Ball Road. Property is approximately 0.37 acre located at the northeast corner of Ball Road and Claudina Place. To permit 2,070 square-foot car wash facility with waiver of minimum landscape setback and minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3573 GRANTED (PC93-2) (5 yes votes, 2 vacancies). Waiver of code requirement APPROVED. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Pickler and Feldhaus, and therefore, a public hearing will be scheduled at a later date. B3. 179: WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3568 AND NEGATIVE DECLARATION: OWNER: Thrifty Oil Co., 10000 Lakewood Boulevard, Downey, CA 90240 AGENT: Bill Badi Gammoh, 3101 E. La Palma Ave., SB-1, Anaheim, CA 92806 LOCATION~ 3101 East La Palma Avenue. Property is approximately 0.7 acre located at the northeast corner of La Palma Avenue and Kraemer Boulevard. To retain an automobile repair facility in conjunction with an existing gasoline sales facility with waiver of minimum landscaping abutting interior property line and required improvement of parking areas. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3563 GRANTED (PC93-3) (4 yes votes, 2 vacancies, i abstained). Waiver of code requirement APPROVED. Approved Negative Declaration B4. 179: VARIANCE NO. 4215, TENTATIVE TRACT MAP NO. 14780 AND MITIGATED NEGATIVE DECLARATION: OWNER: Habitat I, LTD., 1875 Century Park East, Ste. 1880, Los Angeles, CA 90067 AGENT: Arthur McCaul, 1875 Century Park East, Ste. 1880, Los Angeles, CA 90067 LOCATION: 1925 West Lincoln Avenue. Property is approximately 5.7 acres located at the northwest corner of Lincoln Avenue and Muller Street. Waiver of permitted residential structures, maximum structural height within 150-feet of a single-family residential zone boundary, minimum structural setback abutting single-family residential zone boundary and minimum distance between parallel walls to construct a 2-story, 74-unit detached condominium c.omplex. To establish a 1-10t, 74-unit RM-3000 condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4215 GRANTED - Staff directed to initiate an ordinance that would permit detached multi-family dwellings subject to the approval of a conditional use permit within the RM-2400 and RM-3000 zones (PC93-4) (5 yes votes, 2 vacancies). Tentative Tract Map No. 14780 Approved. Approved Mitigated Negative Declaration. BS. 179: CONDITIONAL USE PERMIT NO. 3576, CATEGORICALLY EXEMPT, CLASS 1: OWNER: Bazak Property, 146 N. Stanley Avenue, Beverly Hills, CA 90701 AGENT: J.S. Architecture Planning, Jacob Siles, 2006 S. Sherbourne Drive, Los Angeles, CA 90034 86 City Hallo ~naheim, California - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5~00 P.M. LOCATIONs 755-763 N. Euclid Street. Property is approximately .37 acre located at the southwest corner of Glenoaks Avenue and Euclid Street. To permit the division of an existing retail unit(4-unit total) within an existing 3-unit, 3,108 square foot commercial retail center. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3576 GRANTED (PC93-5) (5 yes votes, 2 vacancies). B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3580 AND NEGATIVE DECLARATION: OWNER: Mettler Electronics Corp, Attn~ Steve Mettler, 1330 South Claudina Street, Anaheim, CA 92805 AGENT: Supershuttle of Los Angeles, Attn: John Goss, 7001 West Imperial Hwy., Los Angeles, CA 90045; Freemont Properties, Erik Knirk, 970 West 190th Street, Ste. 660, Torrance, CA 90502 LOCATION: 1430 South Anaheim Boulevard. Property is approximately 1.8 acres located at the southeast corner of Palais Road and Anaheim Boulevard. To permit the storage and dispatch of transit vehicles with on-site vehicle maintenance and car wash tunnel with waiver of minimum landscape setback area. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3580 GRANTED, IN PART, maximum storage of 40 vehicles (denied waiver of minimum landscape setback area) (PC93-6) (5 yes votes, 2 vacancies). Waiver of code requirement DENIED. Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: B7. 179: CONDITIONAL USE PERMIT NO. 3559 - REVIEW OF SIGN PLANS: REQUESTED BY= Signs Methods LOCATION~ 222 North Beach Boulevard. Petitioner requests review of sign plans. ACTION TAKEN BY THE PLANNING COMMISSION: Staff recommended denial of sign plans. BB. 179: PROPOSED CODE AMENDMENT PERTAINING TO COMMERCIAL USE OF RESIDENTIAL STRUCTURES IN CERTAIN COMMERCIAL ZONES. ACTION TAKEN BY THE PLANNING COMMISSION: Approved proposed code amendment. ORDINANCE NO. 5356 - INTRODUCTION: Council Member Pickler asked for clarification relative to the proposed ordinance expressing concern that this may generate areas that will eventually become run down. Greg Hastings, Zoning Division Manager. The ordinance would now require conditional use permits for all conversions of residential to commercial and it is much more restrictive than the present code. Council Member Daly offered Ordinance No. 5356 for first reading. ORDINANCE NO. 5356: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND DELETING CERTAIN SUBSECTIONS IN VARIOUS SECTIONS OF CHAPTERS 18.41, 18.44, 18.45 AND 18.46 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO COMMERCIAL USE OF RESIDENTIAL STRUCTURES. 87 City Hall, Anahe~, California - COUNCIL NINUTES - FEBRUARY 2~ 1993 - 5:00 B9. 179~ VARIANCE NO. 2900 - REQUEST FOR REVIEW OF REVISED PLANS TO DETERMINE SUBSTANTIAL CONFORMANCE= ACTION TAKEN BY THE pLANNING COMMISSION: Determined revised plans to be in substantial conformance. LOCATION~ 1759 W. Orange Avenue. ITEMS BIO - Bll FROM THE PLANNING COMMISSION MEETING OF JANUARY 25r 1993 INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 4, 1993~ B10. 179= WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3575, TENTATIVE T~4%CT MAP NO. 14736 AND NEGATIVE DECLARATION= OWNER= Pinetree Village Limited, Three Point Drive, Brea, CA 92621 AGENT= WESMAC, INC., 3333 S. Brea Canyon Road, $219, Diamond Bar, CA 91765 LOCATION= 500 North Tustin Avenue. Property is approximately 2.5 acres located at the northeast corner of Riverdale Avenue and Tustin Avenue. To permit the conversion of an existing 40-unit apartment complex to a 40-unit condominium complex with waiver of minimum unit size. To establish a 1-lot, 40-unit, RM-2400 condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14736 APPROVED (5 yes votes, i abstained and 1 vacancy). Approved Negative Declaration. NOTE~ CUP NO. 3575 has a 22-day appeal period which expires 2/16/93, and will appear on the Council agenda of 2/9/93. CUP NO. 3575 was GRANTED, IN PART, and waiver of code requirement was deleted. Bll. 170: SITE PLAN FOR TENTATIVE TRACT MAP NO. 12698 AND NEGATIVE DECLARATION: OWNER: Presley of Southern California, Attn: A1 Uman, 19 Corporate Plaza, Newport Beach, CA 92660 LOCATION: Tentative Tract Map No. 12698, Development Area 6 of The Highlands at Anaheim Hills Specific Plan (SP87-1). Property is approximately 4.86 acres located north and west of the northwest corner of Sunset Ridge Road and Serrano Avenue. Petitioner requests review and approval of a final site plan for previously-approved Tentative Tract Map No. 12698 to construct a 52-unit condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Site Plan for Tentative Tract Map No. 12698 APPROVED (6 yes votes, 1 vacancy). Approved Negative Declaration. lth'D 01~ TI~ PLANNINO COl~lI$SIOlf ITI~$. Council Member Hunter entered the Council Chamber. (7:20 p.m.) B12. 179= REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3217: Requested by: Nanu C. Patel, Anaheim Hotel Complex Partnership, 417 West Allen $112, San Dimas, CA 91773. The property is located at 2061 South Harbor Boulevard. The petitioner is requesting an extension of time (retroactive to January 26, 1993 and to expire January 26, 1994) to comply with conditions of approval. Conditional Use Permit No. 3217 is for the construction of a 750-room, 17-story, 156-foot high, 532,270 sq. ft. hotel facility with accessory uses, and with waivers of maximum fence height and minimum number of parking spaces 88 City Hallr Anaheimr California - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5~00 P.M. Submitted was report dated January 26, 1993 from the Zoning Administrator Annika Santalahti recommending approval of the requested time extension retroactive to January 26, 1993 to expire on January 26, 1994 subject to three additional conditions. Joel Fick, Planning Director. It was brought to staff's attention that Conditions 2 and 3 (page 1 and 2 of the subject staff report) are no longer necessary since those issues were actually addressed in last year's time extension. They have received a letter from the developer in agreement with all three but since items 2 and 3 have been previously addressed, staff is still recommending approval but subject only to additional Condition No. 1 on page i of the staff report. MOTION: Council Member Pickler moved to approve the request for extension of time on Conditional Use Permit No. 3217 retroactive to January 26, 1993 to expire January 26, 1994 with the addition of Condition No. i only as outlined on page 1 of staff report dated January 26, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. B13. 179~ REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3356: Request by Tom Griffith, Rockefeller & Associates Realty, L.P. Four Embarcadero Center, 26th Floor, San Francisco, CA 94111. The property is located at 1750 South State College Boulevard. The petitioner requests an extension of time retroactive to January 15, 1993 and to expire on January 15, 1994 to comply with conditions of approval. Conditional Use Permit No. 3356 is to permit and govern two 200-foot high, 13-story office towers, (289,000 square feet each), one 3-story, 134-room all-suites (full kitchen) hotel with on-sale alcohol in an enclosed hotel restaurant and a cocktail lounge within a 10,000 square foot restaurant; and 6,000 square feet of specialty service/retail uses, including fast food, in conjunction with one 7-level parking structure and with waiver of minimum number of parking spaces. Submitted was report dated January 25, 1993 from the Zoning Administrator Annika Santalahti recommending approval of the subject request for extension of time retroactive to January 15, 1993 to expire January 15, 1994 subject to a specific landscaping plan being submitted to the Planning Department for review and approval prior to issuance of a building permit. (See recommendation and specifics outlined on page 1 of the staff report.) Annika Santalahti, Zoning Administrator. She reported that she has spoken with the property owner-developer to advise of the addition of the landscaping conditions and they did not have a problem. Council Member Hunter moved to approve the requested extension of time to Conditional Use Permit No. 3356 retroactive to January 15, 1993 to expire January 15v 1994 subject to a specific landscaping plan to be submitted to the Planning Department for review and approval prior to the issuance of a building permit. Council Member Simpson seconded the motion. MOTION CARRIED. B14. 179: ORDINANCE NO. 5355 - ADOPTION: Amending Title 18 to rezone property under Reclassification No. 80-81-36 located at 231 S. Loara Street from the RS-A-43,000 zone to the ML zone. (Introduced at the meeting of January 26, 1993.) Council Member Simpson offered Ordinance No. 5355 for adoption. Refer to Resolution Book. 89 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5:00 P.M. ORDINANCE NO. 5355: 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. 80-81-36 located at 231 S. Loara Street from the RS-A-43,000 zone to the ML zone.) Roll Call VOte on Ordinance No. 5355 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS= Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Ordinance No. 5355 duly passed and adopted. B15. 155: ORDINANCE NO. 5351 - ADOPTION: Amendment to the Summit of Anaheim Hills Specific Plan (88-2). (Introduced at the meeting of January 5, 1993.) Council Member Daly offered Ordinance No. 5351 for adoption. Refer to Resolution Book. ORDINANCE NO. 5351~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NOS. 4976 AND 4977 AND SECTION 18.72.070 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN 88-2 ZONING. (The Summit of Anaheim Hills) Roll Call Vote on Ordinance No. 5351 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS= COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Ordinance No. 5351 duly passed and adopted. ITEMS BI6 FROM THE ZONING ADMINISTRATOR MEETING OF JANUARY 21t 1993~ DECISION D~T~: JANUARY 28, 1993 INFORMATXON ONLY - APPEAL PERIOD ENDS MONDAY, FEBRUARY 8, 1993: B16 · 170: TENTATIVE PARCEL MAP NO. 92-252, CATEGORICALLY EXEMPT, CLASS 15: OWNER~ Kurisut Fergus, 900 Fort Street, Suite 1355, Honolulu, Hawaii 96813 AGENT: Anacal Engineering Company, 1900 East La Palma Avenue, Suite 202, Anaheim, CA 92803-3668 LOCATION: 551 South Olive Street. Property is approximately 3.4 acres, having a frontage of approximately 143 feet on the south side of Santa Ana Street, with frontage of 150 feet on the west side of Olive Street. TO permit a 3-lot subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Tentative Parcel Map No. 92-252 APPROVED, MODIFIED CONDITIONS, (Decision No. ZA93-09). Cl. 107: REW~ARING - POOL ROOM PERMIT APPLICATION - GAMES PLUS: The rehearing was requested by Ralph Crider, 1877 Flippen Drive, Anaheim, CA 92802. The property is located at 3242 W. Lincoln Avenue, Anaheim, CA 92804. The request is to consider the application for operation of 15 billiard tables. At the meeting of December 8, 1992, the City Council denied the application for a pool room permit. A request for rehearing was subsequently submitted by the applicant, Ralph Crider and at the Council meeting of January 5, 1993, the City 90 C£ty Hallr An&he,mr Cal£forn£& - COUNCIL MINUTES - FEBRUARY 2r 1993 - 5~00 P.M. Council granted the request for rehearing and the rehearing was scheduled this date. Don Yourstone, Code Enforcement Officer. He resurveyed the area around this location and spoke to the business owners. Only one is in opposition. He also spoke to two on-site property managers of adjacent properties and they agreed with an approval but with some concerns which they are present to discuss. At this time, staff recommends approval. He confirmed for Council Member Pickler that this is only a pool room permit and not a conditional use permit. City Attorney White then confirmed that there is no time limit on the permit but the Council can impose one as a condition. Mayor Daly asked if there is a strict condition that there shall be no beer and wine on the premises. Don Yourstone. Mr. Crlder has withdrawn his application for a CUP regarding the serving of alcohol at this location. City Attorney White. If the Council chose, they could add that as a condition to make it clear the Council is not interested in entertaining a conditional use permit that would end up combining those two if that is their choice. Mr. Ralph Crider. He has his letter from the Alcoholic Beverage Commission (ABC) withdrawing his application to serve alcohol. He has no other comments. Code Enforcement did a resurvey of the retailers. He believes there are a few other concerns by some other people. He would like to reserve his comments until after they speak. Gary Nikono, 18762 Mt. Cimarron, Fountain Valley. He represents the present owner and is the real estate agent assisting with the transaction. He is in favor of approval of the application and would like to have an opportunity to rebut at the end of the hearing if necessary. Dori Morales, Manager, Westmont Apartments directly next door. She is also active in Anaheim Involved Managers (AIM) who take an active interest in what goes on in Anaheim. Her main concern is the fact that they have a lot of problems in that area not only due to the billiard hall. She has nothing against Mr. Crider and has met with him in her office and explained her concerns. The first is that the business will be open until 2:00 a.m. Most problems occur between 12:00 midnight and 2:00 a.m. She requested that Mr. Crider have a security guard and especially when they have tournaments. Another problem is relative to curfew which she would like enforced. She understands it ie to be a family arcade but for the most part all she sees there are young adults and not parents with their families. She would like to know if there is something she can do to help with regard to the security guards. She has to have a security guard on her property due to the shopping mall and all of the businesses in it. Shirley Beaver, 909 S. Knott Avenue. She is a former resident at Westmont when the family billiards first began. It is a problem and if Mr. Crider is to take over and has additional tables, she feels it is necessary to have the supervision of security. The vandalism, noise, the loitering of the kids when they left the premises at 1:00 or 2:00 in the morning was unreal. They broke into the property when she lived there. Drugs were also a problem. She is also involved with the AIM program. She is further upset over the graffiti and crime in the City. The Council needs to help citizens so they in turn can help the City. 91 City Rail, Anahei~ California - COUNCIL NINU~S - I~BRU~Mt¥ 2~ 1993 - 5~00 P.N. Ralph Crider. He has talked with Mrs. Morales and explained some of the things he would do. He is also interested in becoming a participant in the AIM program to work on all the problems in the City. Relative to graffiti, none of the buildings in the center have any graffiti. He does not know what area Mrs. Beaver is talking about. Council Member Pickler. He has a concern with the hours of operation especially 2=00 a.m. and asked Hr. Crider if he could cut back to 11:30 or so. Ralph Crider. Present hours of operation are 1:00 p.m. to 1:00 a.m., Sundays through Thursdays and 1=00 p.m. to 2:00 a.m., Fridays and Saturdays. The majority of the business is at night and not the day time. Council Member Pickler. He reiterated his concern relative to the hours of operation. He understands instead of just 15 pool tables there are also 4 soccer tables, 1 Juke box, 6 video games and 3 pinball machines. He asked if the Council was approving all of the machines or Just the pool tables. Mr. Crider. His understanding was with the change of ownership, he would be taking over everything existing in the building. City Attorney White. The Council is considering approval of 15 pool tables. This permit is only applicable to the pool tables. If he is operating an arcade, it would be an arcade permit; Mr. Crider stated he understands that now. After further discussion, Mr. Crider stated he would consider operating hours during the week of 12:00 midnight. On weekends, the bar next door is open until 2:00 or 2:30 a.m. He will look at some numbers based upon the income. Another issue, if he is approved and has to come back for the video machines that are existing in the business right now, in order to get a permit for those will there be a problem. Mayor Daly. It is a separate decision and would be wrong for the Council to speculate at this time. He tends to agree with Council Member Pickler that they should put a cap on the hours of operation as well as a time frame for the permit. His concern is with the mix of businesses and the concern expressed by some of the neighbors. They need to retain some kind of control over what happens in the center. Since youths will be involved, they do not want them playing pool past midnight. He would agree with midnight. Council Member Hunter pointed out that Mr. Crider said that he would be willing to close at 12:00 a.m. on weekdays and 1:00 a.m. on Friday and Saturday nights. Council Member Pickler. He also suggested that the approval be made contingent on a report coming back to the Council in six months or a year. MOTIONs Council Member Pickler moved to approve the pool room permit application at 3242 w. Lincoln Avenue (Games Plus) with hours of operation to be 12:00 midnight during the week and until 1:00 a.m. on Friday and Saturday nights and that a report be submitted by staff in six months. Before further action was taken, City Attorney White asked for clarification if the Council wished to limit the permit to one year and subsequently require another application a year from now or a report back as to how the permit is complying relating to hours of operation and how the neighborhood situation is. 92 City Rall~ Anahe£mt California - COUNCIL MINUTES - FEBRU~RY 2~ 1993 - 5t00 P.M. Council Member Simpson. Ne does not want to put Mr. Crider back in the permit process. Further Council discussion followed relative to specific conditions to be imposed at the conclusion of which, City Attorney White stated that the Council has the ability to review the permit if the business is being operated in a manner detrimental to the public health safety and general welfare. He believes, after further discussion, the motion is intended to approve the permit subject to three conditions: That hours of operation be limited to 12:00 midnight on all nights other than Friday and Saturday when the business will be allowed to remain open not later than 1:00 a.m.; that there will be no sale of beer or wine or other alcoholic beverages on the premises, and that the permit shall expire three years from today and in order to extend the permit, the applicant at that time shall be required to submit a new application. As a separate matter, staff is instructed to report back to the Council in six months. Council Member Pickler confirmed that his motion to approve is to be based on the three conditions imposed as articulated by the City Attorney and that as a separate issue staff is to report back to the Council in six months relative to the operation of the business in the community. Council Member Simpson seconded the motion. MOTION CARRIED. C2. 127: ORDINANCE NO. 5350 CAMPAIGN LIMITATION - ADOPTION: Adding new Chapter 1.03 to Title 1 of the Anaheim Municipal Code relating to campaign reform. This ordinance was introduced at the meeting of January 5, 1993. approved, the effective date of the Ordinance will be July 1, 1993. If Mayor Daly. He believes this new law reflects the will of the people and recommends adoption of the ordinance as written. Council Member Daly offered Ordinance No. 5350 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5350: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 1.03 TO TITLE i OF THE ANAHEIM MUNICIPAL CODE RELATING TO CAMPAIGN REFORM. Roll Call Vote on Ordinance No. 5350 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Ordinance No. 5350 duly passed and adopted and that the effective date of the ordinance will be July 1, 1993. C3. 000: D~SCUSSION - BUSINESS LICENSE TAX: Requested by the City Council at its meeting of January 5, 1993 pertaining to the Business License Tax. Submitted was report dated January 22, 1993 from the City Treasurer Charlene Jung and a more recent submittal entitled Business License Tax Option 2 Revised Overview. Mayor Daly. He suggests the document submitted by the City Treasurer be used as the basis of Council discussion. 93 C£tv Ral~. Anahe~ Cal£fo~nia - COUNCIL HINU~8 - I~BRUARY 2, 1993 - 5~00 Charlene Jung, City Treasurer. The City Treasurer's Office was invited to meet with the Chamber of Commerce on January 21, 1993 to discuss the Business License Tax. The group was in agreement that there are inequities in the current license fee structure. For example, with a business in the retail category based on gross receipts, there is no minimum. They can pay a fee of about $10 or less whereas the same business categorized as service, making the same revenues, would pay a minimum of $150. They also discussed the need to look at revenue neutral alternatives to help equalize the categories. She then briefed the revised overview sheet, Option 2 which covered the class, current tax and the proposed tax. Subsequent to her presentation, she answered questions posed by Council members. The Chamber was basically in agreement but she does not have any formal expression of their support and she does not have a time frame when the City might expect the Chamber's position in writing. Council Member Feldhaus. The Chamber would like to have it in time to present to their Board of Directors on February 18, 1993. He verbally heard the Executive Director of the Chamber say that Option 2 as presented was satisfactory. Council Member Pickler. He has no problem with Option 2. He believes what got them in the dilemma was the fact that they held to the status quo year after year. He feels it would be wise so that it does not happen again to adjust the Business License Tax according to the CPI (Consumer Price Index) so that it is handled automatically eliminating the necessity for having to come back and ask for an increase. Charlene Jung. She clarified for the Mayor that there is nothing in the proposal relating to adjusting the tax according to the CPI. There are cities who do that and she can come back with such a proposal if the Council wishes. Gross receipts by its nature has a built in factor. Council Member Feldhaus posed further questions which were answered by the City Treasurer following which the City Attorney asked for some direction as to whether the Council would like him to prepare an ordinance for Council consideration. Mayor Daly. The City Attorney should prepare an ordinance that reflects the new fee schedule. City Manager Ruth. The Budget Advisory Commission will be reviewing the package tomorrow and staff will forward the Commission's input to the Council as well. Charlene Jung. The effective date of the ordinance is a question. She is making a recommendation of June let. That way they would be able to get it during the renewal period of the flat tax service category and most of it would fall into next fiscal year's budget. MOTION: Council Member Daly moved that the City Attorney be directed to prepare an ordinance to reflect the new Business License Fee-Schedule as recommended by the City Treasurer. Council Member Hunter seconded the motion. MOTION CARRIED. C4. 142: NO SMOKING ORDINANCE: Council Member Pickler. He asked the City Manager when the No Smoking Ordinance was going to be coming back to the Council. He requested that such an ordinance be prepared at the Council meeting of December 15, 1992. (See minutes that date.) 94 C£t¥ Hall~ Anaheim, California - COUNCIL MINUTES - FEBRUARY 2, 1993 - 5:00 P.M. City Manager Ruth. Staff has finished all work on the matter and has referred it to the City Attorney's Office. He is in the process of drafting the ordinance for Council consideration. City Attorney White. The ordinance will be submitted to the Council for consideration three weeks from tonight. Sharon Ericson, President, Anaheim Municipal Employees Association. She noted that there is a grievance pending relative to the subject issue. City Manager Ruth. Staff is following all the procedures and will be getting with all of the employee associations and organizations to meet and confer on the issue before coming back to the Council. 107: STOP GRAFFITI RECOMMENDATIONS: Council Member Pickler reading from a prepared statement outlined some of the ideas he has heard in combatting the graffiti problem that has escalated in the City and the County from making it illegal for anyone to have aerosol spray paint cans at parks, pools and other public places, to having parents of juvenile offenders held responsible for removing or paying for the removal of graffiti. Mayor Daly. Council Member Pickler's request is timely. He has also recently spoken to the City Manager regarding some of the items mentioned such as a curfew on juveniles and exactly what the City is doing as they catch the graffiti "artist" red-handed and what legal powers the City has to get the parents involved. Discussion followed regarding the proliferating problem with input from the City Manager wherein he reported that the City spends about $150,000 a year on the problem. It has generated a tremendous amount of volunteer support. The discouraging part, in terms of dealing with the crime, it is a lesser priority and when they do arrest or catch the perpetrators and turn them over to juvenile hall, they are released the same day. The penalties are also very small. He feels they have to develop something in Anaheim that will give the City the teeth to impose strong enough penalties that will be a deterrent. The courts are very overloaded and impacted. What staff will do is address some of the recommendations made by the Council and go through staff, come back and do a workshop before submitting a proposed ordinance. It was determined that staff will address the recommendations, hold a workshop and subsequently formulate an ordinance for Council consideration. 105: APPOINTMENT TO THE BUDGET ADVISORY COMMISSION: Council Member Feldhaus. He is ready to put a name forth to replace a vacancy on the Budget Advisory Commission. He would, therefore, like to have agendized an appointment to the Budget Advisory Commission. RECESS - CLOSED SESSION: By General Consent the Council recessed into a short Closed Session. (8:10 p.m.) AFTER RECESS.. The Mayor called the meeting to order, all Council Members being present. (8:15 p.m.) ADJOURNMENT.' By General Consent the Council adjourned to Tuesday, February 9, 1993 at 2:00 p.m., for a workshop session regarding proposed increases in utility rates (Items Al0 and All on today's agenda). (8.'16 p.m.) LEONORA N. SOHL, CITY CLERK 95