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1992/04/21C£t¥ Hallt Anahe_~mt Cal£forn£a - COUNCIL NINIFTES - APRIL 21w 1992~ 5:00 P.N. The City Council of the City of Anaheim met in regular session. PRESENT ABSENT: PRESENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS: Hunter CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Lee Sohl UTILITIES GENERAL MANAGER: Edward Aghjayan EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on April 17, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem 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. City of Anaheim et al. vs. Southern California Edison Co., U.S. District Court Case No. 78-08-10-MRP. In re Cirkle K Corporation, Bankrupt U.S.D.C. Case No. 90-05-05-2-PHX-GBN. b. To meet with and give directions to its authorized representative regarding labor relations matters -Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To meet with and give directions to its authorized Real Property Negotiator concerning ac~isition or disposition of Real Property owned by CALSTRS at 500 North Euclid Street. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b) (1). f. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent the Council recessed into Closed Session. (3:00 p.m. ) AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:38 p.m. ) INVOCATION: Dr. Bryan Crow, The Garden Church, gave the invocation. 262 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 21, 1992, 5:00 P.M. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - ANAHEIM COMMUNITY FOUNDATION: Mrs. Miriam Kaywood representing the Anaheim Community Foundation presented the Council with a $5,000 donation (facsimile check) to fund the annual Youth in Government Day, this year taking place on Thursday, April 23, 1992. Mayor Pro Tem Daly and the Council thanked Mrs. Kaywood and the Foundation for their support in ensuring the continuation of this event for 1992. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,771,603 for the period ending April 10, 1992 and $3,515,955.43 for the period ending April 17, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Pro Tem recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. ( 5: 45 p.m. ) Mayor Pro Tem reconvened the City Council meeting. (6:17 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. ITEMS OF PUBLIC INTEREST: Ann Lowe, 950 S. Citron, Anaheim, 92805. She is representing the Homeowners Association of Cinnamonhollow, an 86-unit condominium complex. Their concerns are relative to produce vendors which are on 950 S. Citron. There are two trucks called Pelon which sit there all day. During the morning it is not so bad but during peak times between 3:00 p.m. and 7:00 p.m., there is nothing but congestion. The street is a cul-de-sac with cars parked on both sides. The apartments which come before their condominiums were built years ago with no garages. People at Cinnamonhollow try to go down Citron at the end of the cul-de-sac to get into the complex. It is difficult with people trying to buy produce and with cars double parked. Anyone that comes on to that street looking to buy a condominium would think twice about doing so. She has called Code Enforcement and understands the trucks can sit for an hour and then move 200 feet. The law is that there could be ten trucks on the street at one time. There is no law saying how many can be on the street at one time. As long as they move, they can stay on the spot for an hour and move 200 feet and stay again. City Attorney White confirmed for Council Member Pickler that is basically correct as long as they are separate trucks. They have to move at least 200 feet each hour. Ann Lowe. They border Vermont and now they have E1Gordo trucks - two at approximately 600 W. Vermont. Another issue, there is a Carpenter's Local Union Hall at 600 W. Vermont and they are selling their building. It is a big parcel of land. She and the homeowners of Cinnamonhollow are concerned that someone will buy the property and build a big apartment house that caters to low income. Right next to that is another low-income project. She questioned how many more produce trucks there will be. They would like to see condominiums built there. They are concerned about the whole area in general with all the children who do not have a place to play. She feels the ideal solution would be for the City to buy the land and put in a nice facility for the children. Also on Harbor and Vermont there are two old motels - Hi Top and the Tropics that seem to cater to drug people. The police are always there at 2:00 p.m. She invited the Council to see for 263 C£2¥ Hall~ P~naheSm~ Cal£forn£a - COUNCIL MINUTES - APRIL 21~ 1992~ 5~00 P.M. themselves the situation at 950 S. Citron. She will also be submitting a petition to the Council signed by all eighty-six homeowners within six weeks. Mayor Pro Tern Daly asked that staff follow up with Mrs. Lowe on the problems she reported. Jerry Marsden, 1630 S. State College Blvd., Anaheim, 92806. He is the Chief Executive Officer for a corporation that has two ceramic tile businesses on State College Boulevard. He wanted the Council to be aware of the inconsistency in the zoning laws and the real world. State College Boulevard has become a shopping center for ceramic tile both retail and wholesale. He would like to change the zoning laws in that area, so that the businesses can survive and stay in that location. He has invested in the new buildings. They would like to get something that would work for them relative to special events permits or conditional use permits. He referred to the Anaheim Municipal Code Section 18.05.074.010. They are no longer zoned as they were in 1978. They have tried many avenues in applying for these type of permits, but without success because of changes in City departments and personnel. The last response was January 8, 1992 that they have to approach the Council with their concerns. Since then they have received citations for temporary displays. Their underlying zoning is M-L which has long since passed. He has tried for years to get a new zoning designation, but each time ended up being referred back to the Council. Since then they have also been cited. They have been working on the permit process for special events. Mayor Pro Tem Daly. He asked that Mr. Marsden put everything in writing and submit it to City Manager explaining what is hampering his ability to do business and the changes they would like to see. The City Manager will then refer to the appropriate department, probably the Planning Department, and he (Marsden) will get a fast response. Mr. Marsden stated that the Council has the power to waive penalties or grant special events permits. An individual was cited and is appealing on behalf of his (Marsden's) company. He would like to have the offense changed from a personal offense to a corporate offense. The citation was issued by Code Enforcement. After additional brief discussion, Mayor Pro Tern Daly reiterated that Mr. Marsden put his concerns in writing and direct it to the City Manager. Margaret Farris. She reported some personal concerns which she would like the City to handle. Jeanine LaCossi, 1327 N. Mako, Anaheim, 92801. She is the business agent for the Hotel Employees and Restaurant Employees, Union Local 681. She is speaking regarding the Inn at the Park Hotel where the 230 employees who work there have been embroiled in a contract dispute for over a year. The most 264 City Hallm Anaheim Cal£fornia - COUNCIL NINUTES - ~'RIL 2!~ 1992~ important 'iSsues keeping them from an agreement are the lower paid classifications in kitchen and housekeeping. On March 9, 1992, a petition was submitted by their members to the City Manager asking for intervention for several reasons - because some of the employees are residents of Anaheim, the City owns the property where the Inn is located and there is a state-wide labor community boycott sanctioned by AFL/CIO which has cost the hotel 2,000 room nights because the Unemployment Appeals Board Convention that was to be held in May has cancelled hurting the Inn at the Park and the City. They have asked Tom Umberg for his assistance and the Council's assistance by allowing a few workers to meet with the Mayor and City Council. Council Member Ehrle. He wishes the group well but he does not believe it is local government's role to get involved in private sector labor disputes just as the City does not participate in such disputes with the School District, Teachers, Rockwell, etc. He would be happy to personally sit and listen to their concerns, but as an Agency (city) representing 275,000 people, it is not the Council's role to get involved in private sector labor concerns. Mayor Pro Tern Daly suggested that they submit a brief summary of the issues involved, what the gap is in negotiations, is it primarily a wage dispute - just an outline of the issues so that the Council would have that information. Angela Keith, Director of Organization for the Local Union. She will submit a summary. If there is any assistance or influence the Council can give, it will be appreciated. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR ITEMS A1 - A31~ On motion by Council Member Pickler, seconded by Council Member Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar~ Council Member Pickler offered Resolution Nos. 92R-70 through 92R-76, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5293 for adoption and Ordinance Nos. 5299 and 5300 for first reading. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 92R-70 through 92R-76, both inclusive, for adoption~ Ordinance No. 5293 for adoption and Ordinance Nos. 5299 and 5300 for first reading. ) Council Member Pickler moved to waive the reading in full of the resolutions and ordinances. Council Member Ehrle seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Al. 118: The following claims were filed against the City and action taken as recommended.- Claims rejected and referred to Risk Management~ a. Claim submitted by Gillian and Stephen Birch for property damage sustained purportedly due to actions of the City on or about February 5, 1992. b. Claim submitted by California Truck Parts, Inc. for indemnity sustained purportedly due to actions of the City on or about February 3, 1992. c. Claim submitted by Susan Shubin for property damage sustained purportedly due to actions of the City on or about March 2, 1992. 265 C£2¥ Hall~ ~,-ahe~ Cal£forn£a - COIJNCIL NINIFTE$ - ~PRrL 21~ 1992~ 5:00 P.N. d. Claim submitted by Michael Vahan Bandoian for indemnity sustained purportedly due to actions of the City on or about January 9, 1992. e. Claim submitted by Charlotte G. Mayfield-Campbell for property damage sustained purportedly due to actions of the City on or about February 12, 1992. f. Claim submitted by Travel Merchants Inc. for property damage sustained purportedly due to actions of the City on or about March 12, 1992. g. Claim submitted by Pacific Bell (H.A. Roach) for property damage sustained purportedly due to actions of the City on or about September 25, 1991. h. Claim submitted by Susanne LaGraff for property damage sustained purportedly due to actions of the City on or about February 12, 1992. i. Claim submitted by Lorraine June for property damage sustained purportedly due to actions of the City on or about January 11, 1992. j. Claim submitted by Automobile Club of Southern California (Pearl A. Ross & Myron Corey) for property damage sustained purportedly due to actions of the City on or about December 23, 1991. k. Claim submitted by Charles N. Belt for property damage sustained purportedly due to actions of the City on or about September 20, 1991. 1. Claim submitted by Frederick $. Newcomb for property damage sustained purportedly due to actions of the City on or about March 6, 1992. m. Claim submitted by Rusty Santangelo for property damage sustained purportedly due to actions of the City on or about February 15, 1992 n. Claim submitted by Arnulfo Rivera for property damage sustained purportedly due to actions of the City on or about March 17, 1992. o. Claim submitted by Pacific Bell (H.A. Roach) for property damage sustained purportedly due to actions of the City on or about September 20, 1991. p. Claim submitted by Isidro Mora for property damage sustained purportedly due to actions of the City on or about March 13, 1992. q. Claim submitted by Irene S. Dore for property damage sustained purportedly due to actions of the City on or about February 15, 1992. A2. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of March, 1992. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held March 4, 1992, and April 1, 1992. 175: Receiving and filing correspondence from Southern California Edison Company regarding the filing for changes of rates for transmission service. A3. 169: Approving a Notice of Completion of the construction of the Broadway Street and Storm Drain Improvements (Loara Street to Euclid Street), 266 C£t¥ ~_~_11~ ~-ahe~_m_, ~-_liforn£a - COUNCIL MINIrTE$ - APRIL 21~ 1992~ 5~00 P.N. by R.J. Noble Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 164: Approving Contract Change Order No. 2, in the amount of $133,606.19 in favor of Aman Brothers, Inc., for Heritage Place Project (installation of tree grates on Center, Olive & Philadelphia). City Manager Ruth. He noted that a revised report was submitted showing that tree grates are to be installed on 0live, Center and Philadelphia Streets instead of those indicated on the Agenda and a revised staff report has also been submitted. A5. 175: Awarding a contract to the lowest responsible bidder, Mel Smith Electric, Inc., in the amount of $162,929 for Installation of 2nd Transformer Bank at Fairmont Substation - Phase II, and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. A6. 175: Awarding a contract to the lowest responsible bidder, George Jugovic Construction Company, in the amount of $92,918 for construction of 12" water main on Lemon Street, and in the event said iow bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A7. 123: Approving an Agreement with Pavement Management Systems, Inc., in an amount not to exceed $40,000 for pavement materials report services. A8. 123: Approving a State-Local Entity Master Agreement No. TSM/FCR-5055 and Program Supplements No. 001, 002 and 003 for the Traffic Systems Management Program, and authorizing the Mayor and City Clerk to execute said agreement. A9. 144: Approving an Agreement with the County of Orange for Arterial Highway Financing Project (A.H.F.P.) No. 1299 - Magnolia Avenue from Crescent Avenue to Lincoln Avenue, to provide funding in the amount of $76,000 from the County and $80,000 from the City for street improvements, and authorizing the Mayor to sign said agreement. Al0. 151: RESOLUTION NO. 92R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION (Tract 8376 ). Ail. 123: Approving a First Amendment to Agreement with Willdan Associates, in the amount of $10,316 for additional design work for the Anaheim Stadium Parking Lot Improvements. A12. 123: RESOLUTION NO. 92R-71~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AGREEMENT NO. 12-122 WITH THE STATE OF CALIFORNIA (CALTRANS). (To set forth the design, construction and implementation obligations for a coordinated system of signalized intersection along Katella Avenue from 1-605 Freeway to Douglass Road. ) A13. 123: RESOLUTION NO. 92R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY JOINT POWERS AGREEMENT. 267 C£t¥ ~_all~ Anaheim~ Cal£forn£a - COUNCIL MINUTES - APRIL 21~ 1992~ 5~00 P.M. A14. 160:' Accepting the low bid of Helidyne, Inc., in the amount of $43,173.74, for one set of five main rotor blades, in accordance with Bid ~5030. A15. 123: Agreement with Hyundai Steel Industries, Inc., in the amount of $373,605.12 for a three year period for the lease/maintenance of golf carts that will be utilized at Anaheim Hills and "Dad" Miller golf courses, in accordance with Bid $5016. City Manager Ruth stated that staff has requested that this item (A15) be continued to April 28, 1992. City Clerk Sohl stated that two people were present to speak to the issue, but would withhold their comments until the next meeting. The item was continued to Tuesday, April 28, 1992 as recommended by staff. A16. 123: Approving an agreement with Seidler-Fitzgerald, in the amount of $7,250 plus out-of-pocket expenses not-to-exceed $1,000 for financial advisor services (competitive sale of 1992/93 Tax and Revenue Anticipation Notes - $25,000,000) . 123: Approving an agreement with Jones Hall Hill & White, at a cost of 1/20 of one percent of the aggregate principal amount of the notes, less City of Anaheim discount of 15 percent plus out-of-pocket expenses not-to-exceed $2,500 for bond counsel services. A17. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for eight months ended February 29, 1992. A18. 153: RESOLUTION NO. 92R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT AND THE CITY OF ANAHEIM. (To change the job class of Community Services Outreach Worker from non-exempt to exempt. ) A19. 153: ORDINANCE NO. 5299 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES ' RETIREMENT SYSTEM. A20. 108: ORDINANCE NO. 5293 - (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 2.12,010 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX. (Thirteen percent of the rent charged by the operator, effective July 1, 1992. ) A21. 150: RESOLUTION NO. 92R-74..- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 76R-737 RELATING TO THE APPROVAL OF CONTRACTS FOR RECREATIONAL PROGRAMS BY THE DIRECTOR OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT. Council Member Ehrle posed questions as to why the change is being proposed. City Attorney Jack White. This is not by-passing the department heads. The procedure is the same as it now currently exists in many city departments for contracts up to $25,000 relating to items already approved by the Council in the form of the line item budget. Presently the procedure is the City department makes a staff report to the City Manager. Just as for large contracts, those staff reports come to the City Council for action. In the 268 C£t¥ llall~ p, nahe~1_m_~ Cal£forn£a - COUNCIL MINUTES - APRIL 21~ 1992~ 5:00 P.M. case of the small contracts, they go to the City Manager from the department head, through that department, the City Manager reviews those and in the appropriate cases is authorized by a blanket resolution to enter into those agreements provided they do not exceed $25,000. The only change that will be made, rather than the department head signing the contract, a staff report will go to the City Manager and the City Manager will then sign the contract. The Council has already authorized the City Manager to approve and sign contracts up to $25,000 provided it is a budgeted item. The City Manager would be approving and signing the contract. It is a housekeeping matter needed to comply with limitations now contained in the Charter and will be in compliance with not only what the Charter now says, but also the authority given to the City Manager which is ten times the authority given to the individual department head. It is not adverse at all to the interests of the City. A22. 123: Approving an Agreement with Pacific Bell to permit patrons of the Pearson Park Theatre to use the enclosed parking lot located at Lincoln Avenue and Anaheim Boulevard. A23. 123: Approving an Agreement with Anaheim Cinco de Mayo Committee for the promotion of the 21st Annual Cinco de Mayo Fiesta at La Palina Park on May 2 and 3, 1992. Allowing an amateur boxing tournament to take place at the Fiesta on Sunday, May 3, 1992, per City Code. A24. 123: Approving an Agreement with the Orange County Employees Retirement System (Owner), BACE Plastics Group, Inc., the Anaheim Redevelopment Agency (AGENCY), and the City of Anaheim for the expansion of facilities located on the southwest corner of Kraemer Boulevard and Coronado Street~ and finding that the project is categorically exempt under the California Environmental Quality Act. A25. 174: Approving publication of the 1992-1993 Community Development Block Grant (CDBG) program and budget to be incorporated in the Proposed Statement of Community Development Objectives and projected use of funds. RESOLUTION NO. 92R-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR FISCAL YEAR 1992-1993 PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980, AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE APPLICATION. A26. 123: RESOLUTION NO. 92R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT TITLE 11-B SUBGRANT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA. (Subgrant No. G200952.) 152: Authorizing the City Manager to execute the Job Training Partnership Act (JTPA) Title II-B 1992 Summer Youth Employment and Training Program Agreement and modifications thereto. A27. 123: Approving an Agreement for Relocation Services with Port and Flor, Incorporated for assistance in the preparation, implementation and administration of relocation plans, programs and related matters. A28. 173: Opposing specific changes in bus route service on Lincoln Avenue, and authorizing the Mayor to sign a letter of opposition to the Orange County Transportation Authority Board of Directors. 269 City Hall, Anaheim, California - COUNCIL MI~S - APRIL 21, 1992, 5:00 P.M. A29. 150: Amending the Fiscal Year 1991/92 Resource Allocation Plan to increase revenues and expenditures by $5,000 to reflect the Anaheim Community Foundation donation for Youth in Government Day. A30. 107: ORDINANCE NO. 5300 - (INTRODUCTION}: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CERTAIN CHAPTERS OF TITLE 15 AND ADDING NEW CHAPTERS TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE BUILDING, ABATEMENT OF DANGEROUS BUILDING, ELECTRICAL, HOUSING, MECHANICAL, PLUMBING, SOLAR ENERGY, AND SWIMMING POOL, SPA, AND HOT TUB, CODES AND AMENDING PROVISIONS OF CHAPTER 6.56 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO POOLS AND PONDS. (Setting a public hearing date of May 5, 1992 to consider adoption of the uniform codes.) A31. 114: Approving minutes of the Anaheim City Council meeting held March 17, 1992. Roll Call Vote on Resolution Nos. 92R-70 throuqh 92R-76, both inclusive, for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: Hunter The Mayor declared Resolution Nos. 92R-70 through 92R-76, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5293 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: Hunter The Mayor declared Ordinance No. 5293 duly passed and adopted. End of Consent Calendar. Council Member Hunter was absent. MOTIONS CARRIED. A32. 000: HEARING - ESTABLISHING NEW ANIMAL REGULATION FEES PERTAINING TO RODEO AND CIRCUSES: To consider a resolution revising Resolution No. 90R-224 in order to establish new animal regulation fees pertaining to rodeo and circuses. Submitted was report dated March 30, 1992 from the City Treasurer, Mary Turner recommending approval of revisions to Resolution No. 90R-224 establishing new animal regulation fees pertaining to rodeos and circuses to reflect reasonable cost of providing the service. Mayor Pro Tem Daly asked if anyone was present to speak regarding the proposed fees; there was no response, thus the hearing was closed. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-77) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. Council Member Hunter was absent. Council Member Pickler offered Resolution No. 92R-77 for adoption, revising the animal regulation fees previously established by Resolution No. 90R-224. Refer to Resolution Book. 270 C£ty Hall, An_aheim, Cal£forn£a - COUNCIL MINUTES - APRIL 21, 1992, 5:00 P.M. RESOLUTION NO. 92R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVISING THE ANIMAL REGULATION FEES PREVIOUSLY ESTABLISHED BY RESOLUTION NO. 90R-224. Roll Call Vote on Resolution No. 92R-77 for adoption: AYES = NOES: ABSENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: Hunter The Mayor Pro Tem declared Resolution No. 92R-77 duly passed and adopted. ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 2, 1992 - DECISION DATE: APRIL 9, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 24, 1992: B1. 179: VARIANCE NO. 4176, CATEGORICALLY EXEMPT, CLASS 1: OWNER: G.F. MCCARTHY, 1781 W. Glenoaks Avenue, Anaheim, CA 92801. AGENT: ABE PERLMUTTER, 2021N. Main Street, Santa Ana, CA 92706. LOCATION: 1781 W. Glenoaks Avenue. Property is approximately 1,800 square feet, approximately 24 feet on the north side of Glenoaks Avenue and approximately 680 feet west of the centerline of Glenoaks Avenue and Euclid Street and located within a condominium complex. Petitioner requests waiver of minimum dimension of garage parking spaces to retain a bathroom and laundry room within an existing garage. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4176 DENIED (ZA92-18). END OF THE ZONING ADMINISTRATOR ITEMS. B2./B3. 179: ORDINANCE NOS. 5294 AND 5295 FOR ADOPTION: WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5294 and 5295) Council Member Pickler moved to waive the reading in full of the ordinances. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Council Member Pickler offered Ordinance No. 5294 for adoption, amending Title 18 to rezone property under Reclassification No. 69-70-31(8), located at 2815 E. Coronado Street, from the RS-A-43,OOO zone into the ML zone; and offered Ordinance No. 5295 for adoption, amending Title 18 to rezone property under Reclass££1¢atlon No. 89-90-22, locate~ at 1001 to 1100 Pullman Street, £rom the ML(SC) zone - Portion A and RS-A-43,000(SC) zone - Portion B, into the CL(SC) zone. Refer to Ordinance Book. ORDINANCE NO. 5294: 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. 69-70-31(8), located at 2815 E. Coronado Street, from the RS-A-43,000 zone into the ML zone.) ORDINANCE NO. 5295: 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. 89-90-22, located at 1001 to 1100 Pullman Street, from the ML(SC) zone - PORTION A and RS-A-43,000(SC) zone - PORTION B, into the CL(SC) zone.) 271 C£ty _~allt ~-ahe~_mt Cal££orn£a - COUNCIL MINUTES - APRIL 21~ 1992~ 5500 Roll Call VOte on Ordinance Nos. 5294 ~nd 5295 for adoption: AYES = NOES: ABSENT COUNCIL MEMBERS= Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: Hunter The Mayor Pro Tem declared Ordinance Nos. 5294 and 5295 duly passed and adopted. B4. - A: ~QUESTS FOR REHEARING - ENVIRONMENTAL IMPACT REPORT NO. 298~ GENERAL PL_~N A~ENDMENT NO. 317 {PORTIONS I AND 2}~ AND CYPRESS CANYON SPECIFIC PL_~N NO. 90-3 {INCLUDING ZONING AND DEVELOPMENT STANDARDS AND A PUBLIC FACILITIES PLAN}~ LOCATION: Subject property is the 1,546.5-acre Coal Canyon property (including the northerly 663-acre Cypress Canyon project area and the southerly 883.5-acre Tecate Cypress Preserve area). At their meeting of March 3, 1992, Item D3, the City Council approved General Plan Amendment No. 317, and certified EIR No. 298 as being in compliance with CEQA with statement of overriding considerations and mitigation monitoring program. At their meeting of March 17, 1992, Item B10, the City Council denied a request for rehearing submitted by Friends of the Tecate Cypress. Submitted was report dated April 17, 1992 from the City Attorney's Office recommending that the requests for rehearing be denied since they were filed later than the time permitted by Ordinance. City Clerk Sohl announced that Amy Greyson of Brunick, Alvarez and Battersby requested to speak. Amy Greyson, Lawyer, Brunick, Alvarez and Battersby, 1839 Commerce Center, West San Bernadino. She is representing the Mountain Lion Foundation, Sierra Club, Friends of the Tecate Cypress, Pomona Valley Audubon Society, Tri-County Conservation League, Inc., and Defenders of Wildlife, Inc. She is not going to repeat what was submitted (see her letter dated April 10, 1992, File 3-4452 - made a part of the record). She is requesting reconsideration of the approval of the subject General Plan Amendment, Specific Plan and introduction of the ordinances and certification of the EIR on grounds that the City has not complied with the California Environmental Quality Act and there are now two lawsuits pending against this whole approval and, therefore, requests that the Council postpone their decision on these matters until the judicial resolution of the lawsuits. city Attorney White referred to the staff report recommending denial of the requests. He also does not recommend deferral of action on the ordinances which is the next agenda item. MOTION: Council Member Ehrle moved to deny Request No. i - submitted by the State of California, Department of Fish and Game for a rehearing on the subject matters. Council Member Pickler seconded the motion. Council Member Hunter was absent. MOTION CARRIED. MOTION= Council Member Ehrle moved to deny Request No. 2 - submitted by Brunick, Alvarez & Battersby on behalf of the Mountain Lion Foundation, Sierra Club, Friends of the Tecate Cypress, Pomona Valley Audubon Society, Tri-County Conservation League, and Defenders of Wildlife for a rehearing on the subject 272 City Rallm Anahei~m Cali£ornia - COUNCIL NINUTES - APRIL 21~ 1992~ 5:00 matters. Council Member Pickler seconded the motion. Council Member Hunter was absent. MOTION CARRIED. B4. - B: ORDINANCE NOS. 5296 AND 5297 - CYPRESS CANYON SPECIFIC PLAN NO. 90-3: Ordinances for adoption. (See minutes of public hearing dated March 3, 1992). At the meeting of April 7, 1992, (Item B14) the City Council adopted Resolution Nos. 92R-66 and 92R-67 in connection with the adoption of Specific Plan 90-3 and the Zoning and Development Standards. Ordinance Nos. 5296 and 5297 were introduced April 7, 1992. WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5296 and 5297) Council Member Pickler moved to waive the reading in full of the ordinances. Council Member Ehrle seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Council Member Pickler offered Ordinances No. 5296 for adoption, amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning~ and Ordinance No. 5297 for adoption, amending Title 18 of the Anaheim Municipal Code by adding thereto Chapter 18.77 relating to Zoning and Development Standards both for Specific Plan No. 90-3 (SP 90-3), Cypress Canyon. Refer to Ordinance Book. ORDINANCE NO. 5296: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SPECIFIC PLAN NO. 90-3, CYPRESS CANYON) . ORDINANCE NO. 5297: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.77 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 90-3 (SP 90-3) (CYPRESS CANYON). Roll Call Vote on Ordinance Nos. 5296 and 5297 for adoption: AYES: NOES: ABSENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: Hunter The Mayor Pro Tem declared Ordinance Nos. 5296 through 5297 duly passed and adopted. B5. 179: ORDINANCE NO. 5298 FOR ADOPTION: Approving an amendment to certain conditions of approval in Reclassification No. 66-67-31 and amending Ordinance No. 2340. WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5298) Council Member Pickler moved to waive the reading in full of the ordinance. Council Member Ehrle seconded the motion. Council Member Hunter was absent. MOT ION CARR I ED. Council Member Pickler offered Ordinance No. 5298 for adoption. Refer to Ordinance Book. 273 City Hail, Anaheim, Cal£~orn£a - COUNCIL MINUTES - APRIL 21, 1992t S:00 P.M. ORDINANCE NO. 5298: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN RECLASSIFICATION NO. 66-67-31 AND AMENDING ORDINANCE NO. 2340. Roll Call Vote on Ordinance No. 5298 for adoption: AYES: NOES: ABSENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly COUNCIL MEMBERS = None COUNCIL MEMBERS = Hunter The Mayor Pro Tem declared Ordinance No. 5298 duly passed and adopted. B6. 179: ORDINANCE NO. 5301 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 91-92-10, located at 2260 W. Orange Avenue, from the RS-A-43,000 zone to the RS-5,000 zone. Council Member Daly offered Ordinance No. 5301 for first reading. ORDINANCE NO. 5301: 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. 91-92-10, located at 2260 W. Orange Avenue, from the RS-A-43,000 zone to the RS-5,000 zone. ) 105: APPOINTMENT TO THE BUDGET ADVISORY COMMISSION: Mayor Pro Tem Daly. He is going to nominate Gene Brewer to assume the vacancy on the Budget Advisory Commission. Mr. Brewer is a member of the Chamber of Commerce and has been a member of the Chamber's Blue Ribbon Budget Advisory Committee. He gave the name to the City Manager yesterday and wil provide a telephone number and home address to staff. City Attorney White. Since the item is not on today's printed agenda, it will be necessary to make a finding that the need to act and have the member appointed before the next meeting arose after the agenda was posted thus waiving the 72-hour posting provision of the Brown Act. MOTION: Council Member Pickler moved to waive the 72-hour posting provision of the Brown Act since the need to act arose after the agenda was posted. Council Member Ehrle seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Mayor Pro Tem Daly nominated Gene Brewer to the City's Budget Advisory Commission. Council Member Pickler seconded the nomination. Since there were no additional nominations Mr. Gene Brewer was unanimously appointed to serve on the Budget Advisory Commission. 115: VOTING DISPLAY: Council Member Ehrle stated he was at the City of San Bernadino, yesterday, and noted their method of displaying votes of the Council was easily readable for those in the Chamber audience. He asked if it is not an expensive thing to do that Anaheim might also consider researching and installing a similar display. 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. Vice Chairman Daly reconvened the Anaheim Redevelopment Agency, all Agency Members being present with the exception of Chairman Hunter. (7:00 p.m. ) 274 C£2¥ Rall~ Anahe~a~ Cal£forn£a - COUNCIL MINUTES - ~PRIL 21~ 1992~ 5:00 P.N. 123: JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL - THIRD AMENDMENT TO HERITAGE PLACE DISPOSITION AND DEVELOPMENT AGREEMENT AND APPROVAL OF BASIC CONCEPT DRAWINGS: To consider a Third Amendment to the Heritage Place Disposition and Development Agreement (DDA) and approval of Basic Concept Drawings. The Third Amendment to the Heritage DDA was prepared to grant development rights to Kaufman and Broad for the construction of six for-sale townhome units on Agency property located on the east side of Olive Street between Broadway and Center Street (210, 220, 230, 240, 250 and 260 South 0live Street). Submitted was staff report dated April 10, 1992 from the Community Development Department recommending that the Council/Agency makes certain environmental findings relative to the subject proposal and approving the sale of the property subject to the Third Amendment to the Disposition and Development Agreement. Lisa Stipkovich, Executive Director of Community Development. She briefed the staff report noting that Kaufman and Broad is currently constructing 105 residential units in the downtown area of project ALPHA. The proposal tonight is to sell several lots to Kaufman and Broad that will allow the company to build six additional townhomes very similar to the townhomes under construction on Center Street. The Agency feels it is a convenient way to get a large developer to take on a small project. The developer is already in the area and will be using its current sales force and some of the same contractors to complete the project. The Agency is working on an overall neighborhood plan and this is consistent with that plan called Area IV. She further briefed some of the specifics of the proposal which were contained in the report. Tonight they are asking for the right to negotiate. There is another minor piece of the agreement which is a general agreement with Lincoln Properties and Kaufman and Broad for the entire Heritage Place project. They are asking for approval to sell some pine trees which were taken out of the site and saved. These would be sold to Lincoln Properties at 5,500 per tree and there are three trees. She then introduced Scott Menomi, Director of Development for Kaufman and Broad. Scott Menomi, Director of Development. He first answered Council/Agency Member Pickler that relative to the homes presently under construction, thirty-five of the homes have been sold of the one-hundred and five. Speaking to the subject amendment, it involves the addition of six townhomes on Olive 'Street one-half block south of the existing project, California Gables. They are proposing to construct the same six-unit craftsman style townhomes they are building at the California Gables project. They will sell the homes out of their existin~ sales office. He respectfully request approval of the Third Amendment to the Digpogition and Development Agreement and algo approval of the basic concept drawings. Agency/Council Member Daly opened the public hearing and asked to hear from anyone who wished to speak; there being no response he closed the public hearing. Agency Member Pickler offered Resolution No. ARA92-10 and ARA92-11 for adoption, the first making certain environmental findings with respect to the Third Amendment to the Disposition and Development Agreement and the second approving a Third Amendment to the Disposition and Development Agreement by and among the Anaheim Redevelopment Agency, Lincoln Anaheim Village Limited Partnership, and Kaufman and Broad of Southern California, Inc. Refer to Resolution Book. 275 City Hall r Anaheimr Cal££orn£a - COUNCIL MINUTES - APRIL 21r 1992t 5:00 P.M. RESOLUTION NO. ARA92-10= A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. RESOLUTION NO. ARA92-11: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. Roll Call Vote on Resolution No. ARA92-10 and ARA92-11 for adopt£on: AYES = NOES = ABSENT: AGENCY MEMBERS: Simpson, Ehrle, Pickler and Daly AGENCY MEMBERS: None AGENCY MEMBERS = Hunter The Vice Chairman declared Resolution Nos. ARA92-10 and ARA92-11 duly passed and adopted. MOTION: Agency Member Pickler moved to approve the Basic Concept Drawings for the subject project, Agency Member Simpson seconded the motion. Agency Member Hunter was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 92R-78 and 92R-79 for adoption. ) Council Member Simpson moved to waive the reading in full of the resolutions. Council Member Daly secOnded the motion. Council Member Hunter was absent. Council Member Simpson offered Resolution Nos. 92R-78 and 92R-79 for adoption, the first making certain environmental findings with respect to the Third Amendment to the Disposition and Development Agreement and the second approving the sale of the property subject to the Third Amendment to the Disposition and Development Agreement by and among the Anaheim Redevelopment Agency, Lincoln Anaheim Village Limited Partnership, and Kaufman and Broad of Southern California, Inc. Refer to Resolution Book. RESOLUTION NO. 92R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. RESOLUTION NO. 92R-79= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SALE OF THE PROPERTY SUBJECT TO THE THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. Roll Call Vote on Resolution Nos, 92R-78 and 92R-79 for adoption: AYES = NOES: ABSENT: AGENCY MEMBERS= Simpson, Ehrle, Pickler and Daly AGENCY MEMBERS = None AGENCY MEMBERS = Hunter The Mayor Pro Tem Daly declared Resolution Nos. 92R-78 and 92R-79 duly passed and adopted. 276 C£t¥ Hall, ~nahe~, Cal£forn£a - COUNCIL MINUTES - APRIL 21, 1992, 5:00 P.M. ADJOURNMENT - REDEVELOPMENT AGENCY: Agency Member Simpson moved to adjourn, Agency Member Daly seconded the motion. Agency Member Hunter was absent. MOTION CARRIED. (7: 15 p.m. ) D2. 179: PUBLIC HEARING - WAIVER OF CODE REOUIREMENT CONDITIONAL USE PERMIT NO. 3451 AND MITIGATED NEGATIVE DECLARATION: OWNERS= Milton Johnson, Carla Beatrice Johnson, Milton E. Johnson, Jr., Hazel C. Johnson, 1214 W. Katella Ave. Anaheim, CA 92802. LOCATION/REQUEST: The property is located at 511 - 521 South Manchester Avenue and 500 - 520 South Walnut Street. The property is approximately 2.1 acres located at the southwest corner of Manchester Avenue and Santa Ana Street. The request is to retain an auto repair, towing and dismantling facility (including the storage and retail sale of used auto parts) and a temporary office trailer with waiver of required improvement of parking and outdoor storage area, minimum structural setback and improvement of setback areas. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3451 DENIED (PC92-18) (7 yes votes). Waiver of code requirements DENIED. Denied Mitigated Negative Declaration. HEARING SET ON= A letter of appeal of the Planning Commission's decision was submitted by Ali Elyaszadeh and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 9, 1992 Mailing to property owners within 300 feet - April 7, 1992 Posting of property- April 10, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated February 24, 1992. City Clerk Sohl announced that a letter was received today from Ali Elyaszadeh asking that the public hearing be continued until May 19, 1992. Council Member Pickler asked if the Council had to grant the continuance; City Attorney White. He would recommend that they do so. This is the first request for a continuance and typically due process would indicate at least the first request for continuance be granted. Council Member Pickler stated if no one was present to testify today, he will move a contilluance. Mayor Pro Tem Daly asked if anyone was present to speak to the issue; no one was present to speak. MOTION: Council Member Pickler moved to continue the public hearing on Conditional Use Permit No. 3451 to Tuesday, May 19, 1992. Council Member Ehrle seconded the motion. Council Member Hunter was absent. MOTION CARRIED. ADJOURNMENT: By General Consent the City Council adjourned. (7:17 p.m. ) LEONORA N. SOHL, CITY CLERK 277