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1992/08/18City Hall, Anaheim, California - COtrNCIL MIRrUTES - AUGUST 18, 1992 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter COUNCIL MEMBERS: Daly ASSISTANT CITY MANAGER: Jim Armstrong CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau TRAFFIC AND TRANSPORTATION MANAGER: John Lower EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich CODE ENFORCEMENT MANAGER: John Poole PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:00 p.m. on August 14, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of August 18, 1992 to order at 3:05 p.m. Jim Armstrong, Assistant City Manager. John Lower, Traffic and Transportation Manager will introduce staff from Orange County Transportation Authority (OCTA) who are in the Chamber audience prepared to make a presentation on both the Katella Avenue Superstreet Project and to give an update on the Imperial Highway Superstreet Project. John Lower, Traffic and Transportation Manager. Present today are representatives from OCTA who City staff has been working with over the past several months to gain environmental clearance and a more precise project description for both the Katella Avenue and Imperial Highway Superstreet Projects. Lisa Burke will make the first presentation followed by other representatives. 173: KATELLA AVENUE SUPERSTREET PROJECT: Lisa Burke, Manager of Planning for OCTA. Also present are Mike Barron, Project Manager on the Katella Superstreet Project and Paul Lanning, Project Manager from the County side and Rob McCann who is the Environmental Consultant from LSA Associates. She gave a brief history of the superstreet project program and the Katella Superstreet project specifically since its inception up to the present time. At this time, they are in the process of completing the EIR that goes along with the feasibility study for Katella Avenue. The project limits go from the 605 Freeway in Los Alamitos east to the 55 Freeway. Within Anaheim it includes just west of Brookhurst Street, east to the Santa Ana River. The feasibility study was approved in 1991. She then explained the process that is currently taking place, the next step being the 45-day public review for the EIR which closes September 22, 1992. They expect the document to be certified by the Board of Supervisors in December. The subsequent phase will then be design and construction. They have been working closely with staffs of the cities and the County to ensure a coordinated project. Rob McCann, LSA Consultants. He submitted a one-page document entitled - Katella Avenue Superstreet Project Impact/Mitigation Summary - City of Anaheim, which listed the project impacts, the mitigation measures and the significant unavoidable adverse impacts after mitigation. Mr. McCann then briefed each of the project impacts which included land use displacements, noise, air quality, aesthetic/visual, parking, hazardous waste and 567 City Hall, Anaheim, California - COUNCIL MINIITES - AUGUST 18, 1992 - 5:00 P.M. construction as well as the mitigation measures to reduce those impacts. He also worked from a number of exhibits which were posted on the Chamber wall. These exhibits will be shown and explained at the series of community meetings that will be taking place in the coming week to assist in answering questions of those who will be affected. In concluding, he confirmed for Council Member Simpson that construction is expected to start in two to three years. Lisa Burke. Design and construction will be the responsibility of the cities and OCTA's role then becomes one of funding. Relative to funding, what Anaheim will be submitting in its Measure M projects would be a five-year program. Funding that will actually be available for the superstreet program Measure M funds would be in two to three fiscal years. 173: IMPERIAL HIGHWAY SUPERSTREET PROJECT: Mike Barron, OCTA. The project scope is from the Orange - Los Angeles County line easterly to Santa Ana Canyon Road and within Anaheim will be from Orangethorpe - Esperanza Road down to Santa Ana Canyon Road. Individual segments project wide will study impacts associated with a six lane facility. Between Orangethorpe- Esperanza Road to Santa Ana Canyon Road it will be back to a local street type design. On that project they will be studying impacts associated with an eight lane facility. The Imperial Highway Project is not quite as advanced as Katella. The present studies are in progress and information is being gathered to come back to the Council about this time next year when a similar presentation will be given. The next step will be a draft EIR which will be available in the Summer of 1993. They have been meeting monthly with City staff also to ensure a coordinated project. Council questions followed the presentations which were answered by the respective representatives of OCTA. RECESS - 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. 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. (3:37 p.m.) 568 City Hall, Anaheim, California - COLrNCIL MIN/3TES - AUGUST 18, 1992 - 5:00 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. (5:05 p.m.) INVOCATION: Lieutenant Ogwa, Salvation Army, gave the invocation. FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Diabetes Educators week, in Anaheim, August 26-30, 1992 WESCON week, in Anaheim, November 16-20, 1992 Fill the Boot Day, in Anaheim, August 22, 19a_9 Clarice M. Schickling accepted the Diabetes Educators week proclamation; Scott Roberts accepted the Fill the Boot Day proclamation. 119: DECLARATION OF COMMENDATION: A Declaration of Commendation was unanimously adopted by the City Council and presented to Richard Whetmore for his bravery in pulling a victim from a burning mobile home. His heroic actions saved the life of his neighbor. Mayor Hunter and Councilmembers highly commended Mr. Whetmore for his bravery. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,874,654.95 for the period ending August 14, 1992, in accordance with the 1992-93 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:10 p.m.) Mayor Hunter reconvened the City Council meeting. (5:29 p.m.) PUBLIC COMMENTS - AGENDA ITEMS: A number of people spoke under Item C4 (see discussion under that item). ITEMS OF PUBLIC INTEREST: No items of public .interest were addressed. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Hunter, the following items were approved in aeco~danc~ with th~ r~p0rt~, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 92R-177 through 92R-179, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5327 and 5328 for introduction. Refer to Resolution Book. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Manager. (Resolution Nos. 92R-177 through 92R-179, both inclusive, for adoption.) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Hunter seconded the motion. MOTION CARRIED. Al. 173: Receiving and filing Application No. 88-10-054 before the Public Utilities Commission of the State of California regarding Michael S. Mitchell, 569 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. Bruce P. Hector (Mickey's Space Ship Shuttle) to extend service for a Passenger Stage between certain portions of Los Angeles County and Orange County, and Los Angeles International Airport and John Wayne Orange County Airport. A2. 160: Accepting the bid of Howard Industries c/o Maydwell & Hartzell, in the amount of $19,590 for thirty 25 KVA single-phase current protected transformers, in accordance with bid proposal #5061. A3. 123: Accepting the bid, and approving an Agreement with $ & K Services from September 20, 1992 through September 20, 1997, for vending machine equipment at City Hall, City Hall West, and the Maintenance Department, in accordance with Bid #5066. A4. 153: RESOLUTIOW NO. 92R-177: 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. (Mitigating the effects of reassigning certain work from Planning Department to the Public Utilities Department on or about 10/1/92.) A5. 153: Authorizing all full-time City of Anaheim Employees to participate in a one time accrued vacation buy-out to provide a cash donation to an employee whose spouse has become permanently disabled. · Council Member Pickler. This is another example of the employees, in this case IBEW, lending a helping hand to an employee who is in need of financial assistance to the permanent disability of a spouse. He commends their actions. A6. 123: Approving an Agreement with Leo Burnett U.S.A. for a period of ten years for the display of advertising on the two theme towers located in the parking lot at Anaheim Stadium. A7. 123: Approving an Academy Training Agreement with California Highway Patrol, at a cost not to exceed $3,067.50 for two trainees, for motorcycle training during the period of September 14-24, 1992; and authorizing the City Manager to execute said Agreement. A8. 108: ORDINANCE NO. 5327 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.18. 050 THROUGH 4.18. 060, INCLUSIVE, OF CHAPTER 4.18 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ENTERTAINMENT PERMITS. A9. 171: RESOLUTION NO. 92R-178: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO THE REDISTRIBUTION OF PROPERTY TAXES IN CONJUNCTION WITH THE COMMON SPHERE OF INFLUENCE AND BOUNDARY LINES BETWEEN THE CITY OF ANAHEIM AND THE CITY OF ORANGE DESIGNATED AS ORANGE COUNTY MUNICIPAL REORGANIZATION NO. 108. Al0. 123: RESOLUTION NO. 92R-179: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING EXECUTION AND DELIVERY BY THE LOCAL MEDICAL FACILITIES FINANCING AUTHORITY IV OF INSTALLMENT SALE AGREEMENTS WITH FEEDBACK FOUNDATION, INC., AND OLIVE CREST TREATMENT CENTERS, INC. Ail. 123: Approving Agreements with Anaheim Land Associates Limited Partnership (Hillman Properties West, Inc.) and Anaheim Hilton and Towers to allow for the demonstration of a Traffic Information Center. 570 City Hall, Anaheim, California - COUNCIL MINIFTES - AUGUST 18, 1992 - 5:00 P.M. Al2. 171: ORDINANCE NO. 5328 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1992/93. Betty Ronconi, 1241 S. Walnut Street. She asked for clarification on this item. Jim Armstrong, Assistant City Manager. It is something that is done every year. It is establishing the property tax rate necessary to retire storm drain bonds approved by the voters in 1980 by a two-thirds vote. City Attorney White. It is required by State law to establish the tax rate by August 31 of each year. This relates only to the City's bonded indebtedness and is a routine action. Al3. 114: Approving the Anaheim City Council minutes of the meetings held June 16, 1992, July 14, 1992, and the adjourned regular meeting of June 9, 1992, held June 16, 1992. Al4. 161: Approving the use of Redevelopment Bond Funds to acquire an interest in City Hall West by funding construction costs up to $2.2 million in order to release tax increment funds of $150,000 per annum to finance Anti- Gang/Drug programs in the Project Alpha area. 161: Authorizing the Executive Director of the Agency to pursue an Anti- Gang/Drug Program with the City Manager's Office for up to $150,000 per year starting as of January 1, 1993. 174: Authorizing staff to release CDBG funds of up to $500,000 per year by using Redevelopment/Housing Set Aside funds to. finance the Rehabilitation Program currently funded by CDBG funds. 174: Authorizing staff to pursue use of Redevelopment funds and CDBG funds, and other funding sources, to construct a Community Center in Downtown. See Redevelopment Agency minutes of August 18, 1992 where the issue was also approved and discussed. Roll Call Vote on Resolution Nos. 92R-177 through 92R-179, both inclusive, for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Daly The Mayor declared Resolution Nos. 92R-177 through 92R-179, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. Al5. 105: APPOINTMENT/REAPPOINTMENT TO THE PARK AND RECREATION COMMISSION FOR THE NEW TERM EXPIRING JUNE 30, 1996 - (Pinson): This matter was continued from the meeting of August 11, 1992 to this date. Council Member Pickler moved to reappoint Mary Ruth Pinson to the Park and Recreation Commission for the new term expiring June 30, 1996. Council Member 571 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. Ehrle seconded the mot ion. There being no further nominations, nominations were closed. Mary Ruth Pinson was thereupon unanimously reappointed to the Park and Recreation Commission for the new term expiring June 30, 1996. Al6. 105: APPOINTMENT TO THE HOUSING COMMISSION: Appointment to the Housing Commission to fill the unscheduled vacancy of Elmer Thill, term expiring June 30, 1993. This matter was continued from the meeting of August 11, 1992, to this date. City Clerk Sohl noted that only two candidates were left on the Housing Commission list. Advertising has been done. The letters that were received have been on file for some time. Council Member Pickler moved to continue appointment to the Housing Commission to fill the subject unscheduled vacancy to Tuesday, August 25, 1992. Council Member Daly seconded the motion. MOTION CARRIED. ITEMS Bi - B9 FROM THE PLANNING COMMISSION MEETING OF JULY 27, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 18, 1992: Bi. 179: CONDITIONAL USE PERMIT NO. 3228, CATEGORICALLY EXEMPT, CLASS 21 INITIATED BY: City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92803. OWNER: Woodcrest Development, 17911 Mitchell Avenue, Irvine, CA 92714. LOCATION: Property is approximately 3.9 acres located at the northeast corner of Weir Canyon Road and Canyon Vista Drive. Pursuant to Code Section 18.03.091 the Planning Commission has initiated a public hearing in order to consider termination or modification of Conditional Use Permit No. 3228 that permits gasoline sales, auto repair, a car wash, a convenience market and a 10-unit, 6,700 square- foot, commercial retail center. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3228 GRANTED (PC92-86) (5 yes votes, 1 absent, and 1 abstained). B2. 179: RECLASSIFICATION NO. 91-92-20, VARIANCE NO. 4181, TENTATIVE TRACT MAP NO. 14641, SPECIMEN TREE REMOVAL PERMIT NO. 92-02 AND MITIGATED NEGATIVE DECLARATION: OWNER: M. Y. Pelanconi Estate, C/O Bernardo M. Yorba, Executor, 300 S. Harbor Blvd., Ste. 912, Anaheim, CA 92805. AGENT: Morgan Development Inc., Attn: Max Morgan, President, 20341 Levine Avenue, Suite D-3, Santa Ana Heights, CA 92707. LOCATION~ 5540 East Santa Ana Canyon Road. Property is approximately 12.38 acres located on the south side of Santa Ana Canyon Road and also having frontage on the north side of Avenida Margarita and located approximately 1,211 feet east of the centerline of Royal Oak Road. For a change in zone from RS-A-43,000 (SC) to RS-5000 (SC). Waiver of required lot frontage and required location and orientation of buildings to establish a 36-1ot RS-5000 (SC) and a one lot RS-A-43,000 (SC) single-family residential subdivision (including the construction of 34 single-family residences). To remove 51 specimen trees. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 91-92-20 DENIED (PC92-87) (5 yes votes, 1 no vote, 1 absent). Variance No. 4181 DENIED (PC92-88) (4 yes votes, 2 no votes, 1 absent). 572 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. Tentative Tract Map No. 14641 DENIED (5 yes votes, i no vote, i absent). Specimen Tree Removal Permit No. 91-02 DENIED (5 yes votes, 1 no vote, 1 absent. ) Approved Mitigated Negative Declaration. Letter of appeal submitted by the Agent, Morgan Development, Inc. Set for public hearing on September 1, 1992. The decision of the Planning Commission was appealed by the applicant and, therefore, this item is set for public hearing on September 1, 1992. B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3527, SPECIMEN TREE REMOVAL PERMIT NO. 92-04, AMENDMENT TO SANTA ANA CANYON ROAD ACCESS POINT STUDY, EXHIBIT NO. 7, AND NEGATIVE DECLARATION: OWNER: West Street Development Company, ATTN: Doug Browne, P.O. Box 18021, Anaheim, CA 92817; Canyon Garden Nursery Inc., 6270 E. Santa Aha Canyon Road, Anaheim, CA 92807. LOCATION: 6270 East Santa Ana Canyon Road. Property is approximately .94 acre located on the south side of the Santa Aha Canyon Road approximately 515 feet west of the centerline of Fairmont Boulevard. To permit a 2-story, 9-unit, commercial retail center with waivers of maximum structural height within 150 feet of single family residential zone boundary, minimum structural setbac, k adjacent to single family residential zone, permitted encroachment into required yards, permitted roof mounted equipment and permitted type of shopping center identification sign. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3527 GRANTED (PC92-89) (4 yes votes, 2 no votes, 1 absent). Waiver of code requirement APPROVED (4 yes votes, 2 no votes, 1 absent). Specimen Tree Removal Permit No. 92-04 APPROVED. Amendment to Santa Ana Canyon Road Access Point Study, GRANTED (PC92-90). Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Simpson and Hunter, and therefore, a public hearing will be scheduled at a later date. B4. 179: CONDITIONAL USE PERMIT NO. 3204 - REQUEST FOR ONE YEAR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL, CONDITIONAL USE PERMIT NO. 3528, CATEGORICALLY EXEMPT, CLASS 3: OWNER: California Pacific Annual Conference of the United Methodist Church, INC., P. O. Box 18795, Anaheim, CA 92817. AGENT~ Hammill an~ ~o¢iates, ATTN: ~reg ~amm£11, 17~ ~. Road, Ste. C, Anaheim, CA 92806. LOCATION: 101 South Chaparral Court. Property is approximately 1.3 acres located at the southwest corner of Kaiser Boulevard and Chaparral Court. To permit two (2) temporary trailers in conjunction with a previously- approved church use. ACTION TAKEN BY THE PLANNING COMMISSION: Request for extension of time to comply with conditions of approval for CUP NO. 3204 GRANTED. CUP NO. 3528 GRANTED (PC92-91) (6 yes votes, 1 absent). 573 City Hall, Anaheim, California - COUNCIL MINI]TES - AUGUST 18, 1992 - 5:00 P.M. B5. 179: CONDITIONAL USE PERMIT NO. 3526, CATEGORICAL EXEMPTION CLASS 3: OWNER: Canyon Acres Residential Center, 233 S. Quintana Road, Anaheim, CA 92817. AGENT: Dan McQuaid, 233 S. Quintana Road, Anaheim, CA 92817. LOCATION: 233 South Quintana Road. Property is approximately 4.6 acres located approximately 185 feet west of a private access road from Quintana Road approximately 300 feet south of the centerline of Arboretum Road. To permit two (2) temporary school trailers in conjunction with an existing shelter for children. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3526 GRANTED (PC92-92) to be used for education purposes for resident children only; to be used only between the hours of 8:00 a.m. and 6:00 p.m.; applicant to bring revised landscaped plans to Planning Commission within 30 days; and CUP NO. 3526 is approved for one-year with the opportunity for further extensions (to expire 8/3/93) (6 yes votes, 1 absent). The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3529 AND NEGATIVE DECLARATION: OWNER: Duan-Song Lee and Hui-Ping Chen Et. Al, ATTN: Pinki Chen, 2121 w. Mission Road, Alhambra, CA 91803. AGENT: Amer E1 Rousan, 1275 N. Gilbert #100, Fullerton, CA 92633. LOCATION: 1210 South State College Boulevard. Property is approximately 1.36 acres located on the east side of State College Boulevard and approximately 200 feet south of the centerline of Ball Road. To permit a sports bar with on-premise sale and consumption of beer and wine with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3529 GRANTED IN PART (PC92-93) no sale or consumption of alcoholic beverages at this facility at any time (6 yes votes, 1 absent). Waiver of code requirement Approved. Approved Negative Declaration. B7. 179: CONDITIONAL USE PERMIT NO. 3148 AND NEGATIVE DECLARATION: OWNER: Taylor Bus Company, 3130 W. Duluth Street, Sacramento, CA 95691. AGENT: Scher-Voit, ATTN: Mike Hefner, 2099 S. State College Boulevard, Suite 100, Anaheim, CA 92816. LOCATIONs 917 ~. Gene Au~ry Way. Pro~er~y is a~roxima~ely 4.62 acres located at the northeast corner of Gene Autry Way and Lewis Street. Amendment or deletion of conditions of approval pertaining to required' street dedication and time limitation of a previously-approved bus storage terminal. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3148 GRANTED to amend conditions. (PC92-94) (5 yes votes, 1 not vote, and 1 absent). Approved Negative Declaration. 574 City Hall, Anaheim, California - COUNCIL MIN/ITES - AUGUST 18, 1992 - 5:00 P.M. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B8. 179: CONDITIONAL USE PEP~MIT NO. 3400 - REQUEST FOR PLANNING COMMISSION INTERPRETATION OF CODE SECTIONS 18.05.074 AND 4.02.060 PERTAINING TO SPECIAL EVENTS PEP~MITS: REQUESTED BY: Tom Kieviet, Farano & Kieviet LOCATION: 1440 South Anaheim Boulevard (ANAHEIM MARKETPLACE) Petitioner requests Planning Commission interpretation of Code Sections pertaining to Special Events Permits. ACTION TAKEN BY THE PLANNING COMMISSION: Planning Commission recommended to City .Council that amendments be made to Condition Nos. 5, 6, 13, and 14 of the Resolution for CUP NO. 3400 . This item was heard in conjunction with public hearing held this date. See Item D4 for action taken. B9. 179: CONDITIONAL USE PERMIT NO. 3414 - REQUEST FOR REVIEW OF ALTERNATE CONSTRUCTION PHASING AND PARKING PLAN FOR SUBSTANTIAL CONFORMANCE WITH PREVIOUS APPROVAL: LOCATION: 5636 E. La Palma Avenue (Cinemapolis). ACTION TAKEN BY THE PLANNING COMMISSION: Approved the Alternate Construction and Parking Plan for Substantial Conformance tn connection with CUP NO. 3414 - CINEMAPOLIS. ITEMS B10 - Bll FROM THE PLANNING COMMISSION MEETING OF AUGUST 10, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 20, 1992: BIO. 170: PROPOSED CODE AMENDMENT TRANSFERRING AUTHORITY TO REVIEW AND APPROVING TENTATIVE PARCEL MAPS FROM CITY ENGINEERING TO PLANNING COMMISSION/ZONING ADMINISTRATOR. ACTION TAKEN BY THE PLANNING COMMISSION: Approved proposed code amendment. Council Member Pickler offered Ordinance No. 5329 for first reading. ORDINANCE NO. 5329: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 17.08, 18.04 AND 18.12 OF TITLES 17 AND 18, RESPECTIVELY, OF THE ANAHEIM MUNICIPAL CODE TRANSFERRING AUTHORITY TO APPROVE TENTATIVE PARCEL MAPS TO PLANNING COMMISSION AND ZONING ADMINISTRATOR. Bll. 170: TENTATIVE TRACT MAP NO. 12699 - REQUEST FOR REVIEW OF FENCING AND LANDSCAPE PLANS: REQUESTED BY: Nelson Chung. Petitioner requests review of fencing and landscape plans for Tentative Tract Map No. 12699 (Development Area 11 of The Highlands at Anaheim Hills Specific Plan). ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 12699, fencing and landscape plans approved. END OF THE PLANNING COMMISSION ITEMS. 575 City Hall, Anaheim, California -COUNCIL MIN/ITES - AUGUST 18, 1992 - 5:00 P.M. Cl. 107: POOL ROOM PERMIT APPLICATION - THE OLIVE TREE RESTAURANT: A request for a pool room permit was submitted by Judie Zangari, 21851 Newland, Huntington Beach, CA 92646. The location is at 1168 South State College - The Olive Tree Restaurant. This is to consider the application for the operation of three pool tables in conjunction with a restaurant with on-sale liquor. Submitted was report dated August 5, 1992 from John Poole, Code Enforcement Manager recommending approval of the application. MOTION: Council Member Pickler moved to approve the pool room permit application for 1168 South State College, The Olive Tree Restaurant, for the operation of three pool tables, in conjunction with the restaurant with on-sale liquor. Council Member Ehrle seconded the motion. MOTION CARRIED. C2. 105: DISCUSSION - PLANNING COMMISSIONER, GLEN HELLYER: Discussion requested by Council Members at the meeting of August 11, 1992, (see minutes that date) regarding the service of Glen Hellyer on the City Planning Commission. City Clerk Sohl announced that two requests to speak to the issue have been received - Barbara Ward and Phylis Boydstun. Barbara Ward. She is a resident and business owner in Anaheim, currently serving as President of the Anaheim Association of Realtors. Mr. Glen Hellyer is the past president of the association and has been active in community projects and state committees. He is a respected, able and effective commercial and residential real estate broker. His background brings special depth of knowledge and perspective to issues that concern private property rights on the Planning Commission. She is proud Mr. Hellyer serves as a Planning Commissioner. She believes Mr. Hellyer, in bringing a tenant to the downtown community and a very good restaurant, benefits the citizens of Anaheim. Glen did not hide his role in leasing the property to Yves' Bistro. He revealed that to both the City Attorney and the other Planning Commissioners and he did not vote nor aide in any consideration of Yves' coming to downtown. Mr. Hellyer is both a good realtor and Planning Commissioner. She urged the Council to support him in continuing as a Planning Commissioner. Phyllis Boydstun had planned to be present to speak but due to another appointment, was unable to be present. She has a letter from Mrs. Boydstun which she then read which was also in support of Mr. Hellyer urging that he be retained on the City Planning Commission. Paul Kott, State College Blvd., Anaheim. He has also written a letter which he thereupon read to the Council. A summary is as follows: He has concerns regarding the matter of dismissal of Glen Hellyer as Planning Commissioner. He has known Mr. Hellyer for 12 years. He has exemplified nothing short of the highest degree of honesty, integrity and diligence in connection with his professional career. He understands there is an alleged appearance of misconduct and conflict of interest charged by anonymous sources. It is difficult for him to believe those sources could possibly be taken seriously let alone to have grown to the proportions outlined in the article that appeared in the Los Angeles Times on August 6, 1992. The most logical reaction should have been to approach the individual to determine what is factual and what is not. The placement of two new restaurants in downtown Anaheim credited to Mr. Hellyer are a few highlights that have come to fruition. His understanding is that discussions in closed session 576 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. hearings are confidential and proprietary. He would like to know who betrayed that confidentiality. The City Attorney states, based on the facts presented, there is nothing that constitutes a violation. If they still doubt the City Attorney, they should discuss the matter with Mr. Hellyer personally. If further doubts, the matter should be taken up with the Fair Political Practices Commission (FPPC) for a final ruling. He asked that the Council abandon their "mean-spirited" effort for his dismissal. MOTION: Council Member Simpson moved that the services of Glen Hellyer as Planning Commissioner be terminated. Council Member Ehrle seconded the motion. Before further action was taken, Council Member Daly stated he agrees with the viewpoints offered regarding Mr. Hellyer's character and his devotion to Anaheim. He feels the situation is an outrageous attempt to smear a man and his reputation. For those concerned with a conflict of interest, the State Fair Political Practices Commission set up by the voters in 1974 is the Agency to evaluate whether or not there is a conflict. That would be the fair thing to do. To give Mr. Hellyer less than that it must be politically motivated and orchestrated and with the meanest of all intents. Mayor Hunter. It comes down to perceived perception of impropriety. He (Hunter) is Chairman of the Redevelopment Agency and Housing Authority. The Redevelopment Agency gave $250,000 for tenant improvements to Yves' Bistro so that the restaurant could get off the ground. He understands Mr. Hellyer has a 20% interest in Yves'. He applauds him for bringing Yves' downtown and prospectively the Rose & Crown restaurant. It is also his understanding the Agency is loaning or giving large sums of money to the Rose & Crown to do tenant improvements. Again, he does not know what interest Mr. Hellyer has in that transaction. He repeated, it is the perception of impropriety on these projects and other projects in the City where the Chairman of the Planning Commission uses his position to bring business and be the agent on deals. They are all under a duty to stay away from that perception of impropriety. He believes Mr. Hellyer has used poor judgement. Even though he abstained, Mr. Hellyer walked the item through the Redevelopment Agency and he is Chairman of the Planning Commission. Lisa Stipkovich, Executive Director of Community Development. The agreement that was brought to the Agency was sometime in the Fall of 1991. It was with the Bodes. The loan was approved for the purposes of providing a rehabilitation loan for tenant improvements on the property for the purpose of bringing in a restaurant. It is a loan below market rate interest and there are some unusual characteristics. The financial aspects are something they would look at for anyone who wanted to come in as a restaurant operator. They have had to encourage restaurant operators and businesses through incentive programs in order to get them established. Paul Kott. When he (Hellyer) walked the item through the Planning Commission of the City in an effort to procure the financing, it typifies something they do on an everyday basis. When he did that, he was not part owner of the restaurant and it was never his intent to be part owner. He became part owner only at the very end of the transaction in order to salvage the transaction. City Attorney White. There was a letter filed with the City Clerk in her capacity as Secretary of the Redevelopment Agency on April 21, of this year. 577 City Hall, Anaheim, California - COD'NCIL MINI/TES - AUGUST 18, 1992 - 5:00 P.M. After further discussion and questioning of staff by Council Member Daly with additional input by Mr. Kott, he concluded that what the conversation highlights is that they do not have all the facts. If they want the truth, then they should pursue the truth and go to the FPPC. Council Member Pickler then reiterated his concerns that conversations in closed sessions were "leaked" to the press as well as the fact that the Council is not giving Mr. Hellyer due process. He then read a letter submitted to the City Council by Mr. Hellyer (previously made a part of the record). He concluded that Mr. Hellyer has done nothing wrong and if they feel that there is something wrong, it should be turned over to the FPPC. The proposed action to remove Mr. Hellyer from the Planning Commission is wrong and he would like to offer a substitute motion that they instead forward the matter to the FPPC for their opinion. · Council Member Simpson. Suddenly it appears this entire matter turns on Yves' Bistro. That is not true. He was the one who raised the issue first. He has been accused of making it political in nature and having written a memo to the City Attorney. He has done neither. He reiterated the process he went through first having gone to the City Attorney under the attorney-client privilege. He found out the questions he asked had been asked before regarding Mr. Hellyer. There were others in Redevelopment he did not know about at the time the issue was raised. He then explained the sequence of events that followed as he did at the meeting of August 11, 1992 (see minutes that date). If he had seen nothing but the series of events that have taken place since the beginning, he would still have asked for Mr. Hellyer's resignation or that the Council remove him. What has happened since then has clearly indicated a lack of good judgement and certainly a lack of maturity. Council Member Ehrle. He agreed with Council Member Simpson. He believes Mr. Hellyer has every right to earn money in his profession. However, as the Mayor indicated, there is a fine line. Mr. Kott was appointed to the Redevelopment Commission but after one or two meetings, he resigned indicating that his real estate firm did so much business in the central city area, business he would have to decline because there would be a confl'ict, that he respectfully resigned his appointment. Mr. Hellyer has been on the Planning Commission for three years and it is not just this issue that is involved. It is a privilege and not a right to serve on boards and commissions and members serve at the pleasure of the Council. Before the matter finally came to a vote, Council Member Daly expressed his views that he felt the whole situation was orchestrated and that leaking the matter to the press was a breach of the code of ethics. This prompted additional Council discussion wherein Councilm. embers Ehrle and Simpson refuted statements made by Council Member Daly. At the conclusion of ~he foregoing exchange, a vo~e was then taken on the motion by Council Member Simpson that the services of Glen Mellyer as Planning Commissioner be terminated and carried by the following vote: Ayes: Simpson, Ehrle and Hunter Noes: Pickler and Daly COMMENDATION OF MARY BOUAS: Last week the Council by a majority vote decided not to reappoint Mary Bouas to the Planning Commission. She has served on the Commission for twelve years and had wished to be reappointed. It is in order to prepare an appropriate plaque and salute to Mrs. Bouas for her years of service. 578 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. Mayor Hunter. He agrees. He commented that he was in favor of term limits - 8 years no matter in what capacity a person serves, and he believes that is why the Council majority appointed a new member. There was Council consensus that there be a presentation for Mrs. Bouas; the City Clerk noted that a plaque was in the process of being prepared. C3. 153: PRIVATIZATION STUDY - TASK FORCE REPORT AND DISCUSSION: MOTION: Council Member Hunter moved to continue the subject discussion to Tuesday, August 25, 1992 as previously requested by the President of the Anaheim Municipal Employees Association. Council Member Simpson seconded the motion. MOTION CARRIED. C4. 107: CONSIDERATION OF STREET VENDOR ISSUE: This issue was discussed at the meeting of August 11, 1992 and continued to this date. Submitted previously was report dated August 3, 1992 from the Code Enforcement Manager also submitted for this meeting was report dated August 12, 1992 from the Code Enforcement Manager and report dated August 13, 1992 from the City Attorney recommending that the Council consider the adoption of one of the alternative ordinances as proposed in his report. Mayor Hunter first noted that there has already been about 2~ hours of public input received on the issue (see minutes of August 11, 1992). The Code Enforcement Manager, John Poole was asked to come back with a recommendation. John Poole, Code Enforcement Manager. He does not have a recommendation but he believes City Attorney White wants to explain the proposed ordinances. City Attorney Jack White. Two separate staff reports were prepared in concert, one by him and one by Mr. Poole to present to the Council this evening. Last week Council directed that he return with two different types of ordinances - one which would ban vending from vehicles in the residential areas of the City and the other which would not ban such vehicles but impose heightened restrictions on those vehicles in accordinance with all of the recommendations made previously in the final Vendor Committee report from the task force created in 1990. Before the Council tonight are actually three different versions: ALTERNATE A would ban vending from vehicles in all residential areas of the City and allow vending in non-residential areas. ALTERNATE B woul~ allow ven~ing ~ ~nt£nu~ in all areas but impose increased regulations as proposed by the previously established task force chaired by Alan Hughes. ALTERNATE C is a combination of both A and B which would ban vendors in residential areas but continue to allow them in non-residential areas but imposing increased regulations in those areas. Mr. Poole's report suggests additional controls to those previously contained in the Vendor Committee report. As the Mayor stated, the Council has already received about 2~ hours of public comments. There is a rule that limits discussion to ten minutes per subject other than a public hearing. No public 579 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. hearing is required in this case. It is at the discretion of the Council whether they wish to receive testimony over the ten-minute limit. ORDINANCE 5332 (INTRODUCTION): Prohibit street vending in residential areas; permit in non-residential areas subject to increased restrictions. Council Member Daly offered Ordinance No. 5332 (Alternate C) for first reading, prohibiting street vendors in residential areas but allowing them in commercial areas with increased regulations. ORDINANCE NO. 5332: AN ORDINANCE OF THE CITY OF ANAHEIM PROHIBITING STREET VENDORS IN RESIDENTIAL AREAS BUT ALLOWING THEM IN COMMERCIAL AREAS WITH INCREASED REGULATIONS. City Attorney White ~xplained for the Mayor that this does not preclude other Council Members from offering other ordinances. There could be several as long as they are not in conflict with each other. Mayor Hunter then opened public discussion asking that it be limited to ten minutes and that something new and different be offered than the testimony given when the matter was discussed previously (see minutes of August 11, 1992). Sal Sarmiento, Attorney representing the street vendors. He feels more time should be allowed. Some things have occurred between the street vendors and NOVA (the group opposed to street vendors in residential areas). They will be meeting very soon attempting to work together and negotiate. They have also produced a video which they want the Council to see. Since the Council may be taking action that will affect about 115 families, ten minutes is not enough. Other people also wish to address the Council. The Mayor asked those who wished to speak to keep their presentations to about two minutes and not rehash everything that was said previously; City Attorney White saw no problem in imposing such a time limit and recommended that the Councll allow time for speakers tonight. At this point, the video produced by the vendors was shown to the Council and Chamber audience. It showed vendor trucks in the residential areas and the' service provided as well as interviews of several vendors and the positive aspects and results of their independent businesses - how they provide jobs and subsequently how each provides for their families. Mr. Sarmiento stated that there are also speakers to r..~.~ke a short presentation. Each will discuss a topic raised at the last meeting. They want the Council to be informed before it acts and if possible allow the parties to meet and come up with some sort of recommendation. Ray Torres, President, Anaheim Chamber of Commerce. The Chamber recognizes the street vendors are legitimate businessmen who contribute to the City's tax base through permits and fees. They are part of the free enterprise system operating in the City. In March of 1990, the Chamber participated in a task force and recommended changes to the existing street vendor ordinance. The Chamber again offers their service to re-examine the ordinance and to address the problems caused by unlicensed vendors. He recommends that a representative task force be immediately assembled to address the issues and submit findings and recommendations back to the Council within a reasonable time frame. 58O City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. Ross Romero, Real Estate Agent, 800 S. Harbor Blvd. He is a member of Los Amigos and has clients who own properties in the area. He will speak to the accusation of decrease in property values. He is at a loss at the portrayal being made that the vendors are in single-family residential areas. He has not seen them there. He knows they exist primarily in apartment house areas. They are in what he feels are homogeneous areas - the Citron area, the Jeffrey Lynne and Ponderosa Park area. People have an infinity for these areas. They are long standing tenants. If they deny the families living there the resources provided by the vendors, what will be left. It is one of the things that makes the areas livable. Angelina O'Keefe, President of the Hotel Worker's Employees Union. They represent 5,000 members. The majority live and work in Anaheim. She is speaking on behalf of the members in support of the street vendors. Street vendors provide a service that their members would either otherwise have to hire child care or look for transportation to access. The most important issue is if the Council takes action tonight to adopt the new ordinance, it would mean the elimination of 113 jobs. She does not know why Anaheim would want to do that. A1Emesqual, past President, Hispanic Chamber of Commerce and presently President of the Hispanic Bar Association. He is speaking on behalf of the Hispanic Bar Association. He is opposed to the proposed ordinance. It is taking the business aspect of a segment of the community away from them. Anahe£m is not the only City dealing with the issue. They look to the Council for leadership. It is important that they provide direction to staff to meet with the vendors and with other individuals and perhaps himself to provide some alternatives that will bring about a reasonable solution, whereby these individuals will be able to do their jobs and provide a livelihood for their families. Nativo Lopez, Executive Director, National Mexican Brotherhood. He is requesting postponement of consideration of the issue for 90-days to give more time for dialogue, consideration of the facts and an opportunity to arrive at a fair solution. The vendors avenue to economic self-sufficiency is the way of America. The question is - do they want hard-working enterprising families in their midst or prefer more homelessness and vagrancy. Anaheim is undergoing demographic changes very rapidly and they will not be impeded. He again asked that they postpone any action. John Palacio, Mexican-American Legal Defense and Educational Fund, (Executive Director of Orange County Leadership Program from Malda). He is present to assist in trying to come to a mutual solution .that best represents the concerns on behalf of the vendors and the community. There is a market being served by Latino businessmen who contribute to the welfare and economic vitality of Anaheim as well as residents concerned about non-licensed vendors, noise and litter. He feels any decision would be premature. He suggests a 90-day period to come up with a solution. There are models done throughout the country which should be looked at including Los Angeles. The Council has already heard that NOVA and the vendors are meeting which is encouraging. Amin David, President, Los Amigos, 1585 W. Broadway. Changing the ordinance restricting street vendors to only commercial areas is saying to them good-bye. They cannot survive. It is not the kind of vending that goes on in commercial areas. It is not the solution. All of the accusations made at the last meeting are particularly untrue relative to the Latino food vendors. If anyone breaks the law, they should be cited and they applaud and support that. The problem is one of the society. The food vendors did not create the 581 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. massive number of apartments or the zoning of them. Banning all street vendors is not the solution. They urge the members of NOVA to ride along with an Anaheim street vendor to understand what these small businessmen do and how they do it. He offered his phone number for those who would like to make such arrangements · Salvador Salmiento. Before the Council acts, he feels they should look at the enforcement issue - perhaps more Code Enforcement Officers and more money devoted to Code Enforcement. They need to be fully informed and one of the best ways is to allow the two groups to meet which they are doing and come back with a recommendation. Mayor Hunter then asked to hear from a spokesperson from NOVA. He wanted to know first if NOVA is meeting with the vendors. The vendors representatives stated that the two groups have been meeting. Susan Kocsis (NOVA). They have not been meeting. No one approached NOVA until today. There was a note to Janet Downs/NOVA that was received at this meeting tonight. That may be the first contact. No meetings are in progress. They do not have a special spokesperson. There are several who would like to keep their speeches within two minutes. She has already received some harassment. The City's own documents indicate numerous citizen complaints about street vendors dating back to at least 1985. There is a big problem. There have been citizen complaints from single-family residents. Anyone who says there are no code violations is misinformed. The video NOVA submitted shows the scenes outside their homes everyday.. Even on Easter Sunday they came as early as 9:20 and sometimes comes as early as 7:30. All they have ever asked is to keep the vendors off the residential streets. They are not compatible. They set up business in front of her house everyday. Which violates her right to privacy and enjoyment of her home. She is relying on the zoning laws of the City to protect her from undue nuisance. Bahti Mulchandni. This is the fourth time she has been present on the issue. She asked that the Council not delay their decision. She was an immigrant to the area 15 years ago. They had no transportation. They planned, worked, organized and worked things out. She does not believe the vendors provide necessary service to all of the families. Michael Blanco (34 year resident). He first explained an incident that occurred on Wednesday after the lengthy Tuesday night meeting regarding the vendor issue which was in direct violation of the code. He felt that considering the situation, the vendors would at least be trying to clean up their act. To go on a ride-a-long as suggested would be a sit-a-long because most of th~ v~nd~r truef~ do not movH. FurthHr, h~ ha~ nevsr ~een the type of truck that was shown in the video just presented. His family grew up without a car and they did what they had to do. They fit into their neighborhood. The trucks do not belong in the City. Mike Kowalski (37 year resident). Zoning is an important guarantee of what citizens can and should expect in each of the areas they have property in the City. They have been presented on one side wi'th everything but a true discussion of the issue. The issue is - does this commercial business which is disruptive to their residential areas belong in residential neighborhoods. Many people have said that it does not. Code Enforcement says it has hundreds of violations and that the situation cannot adequately be policed. They are saying it is racial or cultural. When he cleans up the trash, he does not know who created it. He does not know who is pushing the horn creating the noise. He asked that they give back his guarantee of what a residential 582 City Hall, Anaheim, California -COUNCIL MINUTES - AUGUST 18, '1992 - 5:00 P.M. neighborhood should be. Eliminate the trash and noise and act on the matter as soon as possible. Jeff Kirsch, 2661 W. Palais. He is not directly affected by the issue but has friends who have been inconvenienced. To him the issue is also one of having an accessible food delivery system. He suggested that the produce be replaced with passenger seats. That would be an effective delivery system to provide access for people to buy the commodities. They need to see the real problem and open their minds to solving that problem. Floyd Hill. He owns an apartment in the City. The staff report says it all - there are violations and they are documented. Anaheim has the potential to become a world class city. One of the things the City does not need is to have vendor trucks in residential areas. Of the tenants in his building, one out of 16 buys from the trucks and only rarely. The quality of life in Anaheim is deteriorating. It is necessary to reverse the trend. It will help in cleaning up the neighborhoods to not allow vendor trucks. If Disneyland is willing to spend 3 billion dollars in Anaheim, he feels the Council would wisely adopt the ordinance they have just offered. Ann Davis, 624 Be!lview (15 years). She is trying to relocate because of the general harassment she ts experiencing. The first question she asked when looking for a new apartment is - are there vendors in the area. She has to relocate to get away from the noise, littering and loitering and children in the streets. Sandra Park. Her father is a small business owner. He owns a liquor store on a corner where the trucks are located. He goes by every law and he is located in the proper zone. That is why the City has zoning. Next door is the Rodriguez's small business owners who are a produce and meat shop. At that corner, they can provide whatever the residents need and they do not have to walk a couple of miles to the store. Don Jansen, Satellite Market, Katella and Hastier. His is a family owned business for 29 years in the same location. His concern is how the Health Department can pull an inspection on the vendors. The Fire Department inspects his business, the Department of Weights and Measures, etc. He employs about 15 people. His business has dropped tremendously. A business belongs in commercial areas of the City and not residential. Fern Call. She explained how she came up through life the hard way, worked very hard and eventually went into real estate and purchased the apartment she currently owns. She is now 71 and only two of her six apartments are rented because people tell her they do not want to live where there are ~treet vendors. (Also see testimony given by Mr. Call at the August 11, 1992 meeting.) She feels she may just have to board her apartments up and leave them. Mayor Hunter. On one side of the issue there are the neighborhoods which he totally agrees with that they have the right to have a clean, safe neighborhood. On the other side there are people trying to make an honest living. An ordinance was put together a few years ago which, although not perfect, was a compromise. He has heard some offers tonight by Los Amigos and by the vendors to the NOVA people to sit down and talk. The people from NOVA said that has not occurred. He believes compromise is appropriate. If the vendors are banned from the residential areas, it will make a lot of people happy and also put a lot of people out of work. One of the suggestions made to him from the vendors is to suspend the ven~ing ordinance for a period and 583 C~ity Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. have no vending in residential areas while having both parties get together, work out a compromise and bring it back to the Council with a recommendation. He was also told there are too many vendors - that there should be only 35 or 50, not 162. He feels they should get together as a people on the issue. If they adopt Ordinance Alternative C, banning vendors from residential areas, that is the easy way out. The hard way is "sweat equity" - Latinos and Caucasians sitting down and working out a solution. Council Member Pickler. The issue has been talked about for many years. An ordinance has been introduced tonight and he sees no reason to refer it back anywhere. If there is an ordinance the Mayor wants to introduce, he should do so. Vendors do not belong in residential areas. It is necessary to take a stand. In the past, there have been meetings by a task force but it has not worked. He reiterated vendor trucks do not belong in residential zones no matter who drives the trucks. Council Member Ehrle offered Ordinance Alternate A and Ordinance Alternate B for introduction. ORDINANCE NO. - .... INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.310 RELATING TO VENDING OF MERCHANDISE/GOODS BY VEHICLE. ORDINANCE NO. - .... INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM PERMITTING STREET VENDING IN RESIDENTIAL ZONES BUT IMPOSING ADDITIONAL PROVISIONS. He continued that all three ordinances will be considered next week. In reading them, there are things he would like to change. He has some ideas, a few of which he made last week. The City Attorney has informed him that some things can be done and some cannot. He appreciates the offer by the Vendors Association to sit down and find out where the common ground might be and how they can coexist. (He recounted the situation with the mobile-home park owners and mobile-home renters and how he chaired a task force a few years ago where, although they did not come to a perfect solution, there was a compromise.) He feels there is room for compromise on this issue and he will be happy to assist. He feels they can all agree on certain things - 162 vendors is a number that is totally out of control. It has to be better regulated and it can only be done together. Anaheim is a multi-cultural community and it is about time the community starts growing together. RECESS: By general consent the Council recessed for ten minutes. (7:54 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (8:07 p.m.) D1. 176: PUBLIC HEARING - ABANDONMENT NO. 91-1lA: In aeeo~danc~ with application filed by Denni~ P. Hill, a public hearing was held on proposed abandonment of that portion of Jackson Street east of Armando Street and south of Frontera Street pursuant to Resolution No. 92R-156 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated June 4, 1992 was submitted recommending approval of said abandonment subject to the following conditions: 1. Installation of a new sewer manhole. 2. Reservation of public utility easements over the entire street. 584 City Hall, Anaheim, California - COUNCIL MIN//TES - AUGUST 18, 1992 - 5:00 P.M. 3. Provide turnaround in front of gate.' 4. Provide 20-feet opening at gate and access for the Fire Department, Police and Maintenance personnel. Mr. Richard Santo, Senior Real Property Agent stated that staff recommends approval of said abandonment. Mayor Hunter asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council Member Hunter, seconded by Council Member Pickler, the City Council determined that the proposed activity falls within the definition of Section 3.01 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. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-180) Council Member P~ckler moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 92R-180 for adoption, approving Abandonment No. 91-1lA. Refer to Resolution Book. RESOLUTION NO. 92R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF JACKSON STREET LYING EASTERLY OF APdZANDO STREET (91-1lA) INCLUDING THE CONDITION RECOMMENDED BY THE CITY ENGINEER. Roll Call Vote on Resolution No. 92R-180 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-180 duly passed and adopted. D2. 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 91-92-19 AND MITIGATED NEGATIVE DECLARATION: OWNER: The Fluor Family Trust, 4521Perham Road, Corona Del Mar, CA 92625. AGENT: Cecil C. Wright, 265 S. Anita Drive, Ste. 205, Orange, CA 92668. LOCATION/REQUEST: The property is located at 1320-1382 Auto Center Drive and is approximately 7.98 acres located at the southwest corner of Auto Center Drive (formerly Taft Avenue) and Sanderson Avenue. The request is for a change from the ML Zone to the CL Zone. ACTION TAKEN BY THE PLANNING COMMISSION:' Reclassification No. 91-92-19 GRANTED (PC92-79) (5 yes votes, 2 no votes). Approved Mitigated Negative Declaration. HEARING SET ON: The Planning Commission's decision was appealed by the Flour Family Trust (Agent, Cecil Wright) and public hearing scheduled and continued from the meeting of August 11, 1992 to this date. 585 City Hall, Anaheim, .California- COUNCIL MINUTES - AUGUST 18~. 1992 - 5:00 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - July 30, 1992 Mailing to property owners within 300 feet - July 30, 1992 Posting of property - July 31, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated June 29, 1992. City Clerk Sohl. A letter was received from the agent for the applicant Mr. Cecil Wright requesting an additional one week continuance to August 25, 1992. Mayor Hunter asked if anyone present who wished to speak to the reclassification or was opposed to a continuance of the public hearing; there was no response. MOTION: Council Member Pickler moved to continue the public hearing on Reclassification No. 91-92-19 to Tuesday, August 25, 1992. Council Member Ehrle seconded the motion. MOTION CARRIED. D3. 179: PUBLIC HEARING TO AMEND CONDITION NO. 1 OF RESOLUTION NO. 92R-105, CONDITIONAL USE PERMIT NO. 3417 AND NEGATIVE DECLARATION: REQUESTED BY: Sim C. Hoffman, M.D., Advanced Professional Imaging, 585 S. Knott Street, Anaheim, CA 92804. LOCATION/REQUEST: The property is located at 545-595 S. Knott Street and is approximately 0.63 acre located at the northwest corner of Knott Street and Orange Avenue. The request is to amend or delete conditions (specifically Condition No. 1 of Resolution No. 92R-105) of Conditional Use Permit No. 3417 pertaining to the time limitation and permitted days of operation of a previously-approved mobile medical unit within an existing medical complex. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - August 6, 1992 Mailing to property owners within 300 feet - August 4, 1992 Posting of property - August 7, 1992 STAFF INPUT: See staff report dated August 6, 1992 from the Zoning Administrator, Annika Santalahti recommending that the Council approve an amendment to Conditional Use Permit 3417, contingent upon there being no adverse testimony about noise problems during the public hearing. Mayor Hunter asked to hear from the applicant or applicant's agent; there was no response. Mr. Jerry Doskew, representing Advanced Professional Imaging stated that Dr. Hoffman submitted a letter indicating there was a death in the family and he would be unable to attend the meeting this evening. He request a possible rescheduling of the public hearing. Annika Santalahti, Zoning Administrator. She wanted to comment on the matter. She does not believe Dr. Hoffman had seen a copy of the staff report and she has not talked to him. If the Council is prepared to view the request favorably, staff recommends approval assuming no one is present in opposition. Code Enforcement has looked at the property in the last two weeks to determine 586 City Hall, Anaheim, California - COtrNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. if the petitioner installed the sound attenuation equipment which was required. That has been done. Mayor Hunter. He confirmed for Mr. Doskew that staff is recommending that the Council proceed with the public hearing even though Dr. Hoffman is not present. Jerry Doskew. They have complied with everything and they do need the second day as requested. Mayor Hunter opened the public hearing and asked if anyone was present to speak in opposition; there was no response. Mayor Hunter thereup.on closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-181) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-181 for adoption, granting the requested amendment to Resolution No. 92R-105 which approved Conditional Use Permit No. 3417, which will add an additional permitted day of operation of a previously approved mobile medical unit within an existing medical complex. Refer to Resolution Book. RESOLUTION NO. 92R-181: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3417 AND AMENDING RESOLUTION NO. 92R-i05. Roll Call Vote on Resolution No. 92R-181 for a.doption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-181 duly passed and adopted. D4. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3400~ REQUEST FOR AMENDMENT TO CONDITIONS OF APPROVAL: Requested by Anaheim Indoor Market Place, Les Lederer, EDGA Enterprises. LOCATION/REQUEST: The property is located at 1440 S. Anaheim Boulevard and is approximately 14.7 Acres at the Northeast corner of the intersection of Cerritos Avenue and Anaheim Boulevard, further described as 1440 South Anaheim Blvd. (Anaheim Indoor Market Place) The petitioner requests that the City Council consider amendments to Condition Nos. 5, 6, 12, 13, 14 of CUP 3400 as established in Resolution No. 91R-165, 91R-238 and 91R-239. CUP 3400 was granted for 10 years 587 C_ity Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. subject to a 5 year review by the Planning Commission, for a commercial retail center (indoor swap meet). ACTION TAKEN BY THE PLANNING COMMISSION: The Planning Commission recommended modifications to Conditions 5, 6, 12, 13, 14 of CUP 3400. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - August 6, 1992 Mailing to property owners within 300 feet - August 6, 1992 Posting of property- August 7, 1992 City Clerk Sohl. This matter is to be heard in conjunction with Item B8 on today's agenda in which the petitioner is asking for code interpretations relating to Special Events Permit. . B8. 179: CONDITIONAL USE PERMIT NO. 3400 - REQUEST FOR PLANNING COMMISSION INTERPRETATION OF CODE SECTIONS 18.05.074 AND 4.02.060 PERTAINING TO SPECIAL EVENTS PERMITS: REQUESTED BY: Tom Kieviet, Farano & Kieviet LOCATION: 1440 South Anaheim Boulevard (ANAHEIM MARKETPLACE) Petitioner requests Planning Commission interpretation of Code Sections pertaining to Special Events Permits. ACTION TAKEN BY THE PLANNING COMMISSION:' Planning Commission recommended to City Council that amendments be made to Condition Nos. 5, 6, 13, and 14 of the Resolution for CUP NO. 3400 Mayor Hunter asked to hear from the applicant or applicant's agent. Mr. Tom Kieviet, Attorney, Farano and Kieviet. He is present on behalf of the property owners, Les Lederer and the Lederer family in connection with the request to amend certain conditions of Conditional Use Permit No. 3400 and also to obtain some Council action with regard to Special Event Permit use. He then briefed the Council on the background of the Anaheim Market Place and the events that have taken place since it was opened. He also noted that the former owners were no longer a part of the Anaheim Market Place having created problems with the City and with the businesses within the Indoor Swap Meet. It was in April of this year that his client had commenced to rectify the situation. The Lederer family has owned the property for approximately 20 years. Tonight he is asking for additional time to comply with certain conditions imposed when previous operators made application for the CUP, as well as asking for additional signage that the previous CUP did not allow which is important for the continued growth of the facility. The facility has the capacity for 300 stalls. There are 130 at present &n~ it has grown ~rom the time his client took over with 20+ additional stalls. They need more time with more promotional activity to make it viable. They made a request that went to the Planning Commission already to amend conditions and to get an interpretation of the Special Events Permit. Re thereupon submitted a capsule summary outline of the request (made a part of the record). They are asking that the Council confirm the Planning Commission recommendations concerning the resurfacing and restriping of the parking lot, which has been complied with, to amend Condition No. 6 that it be completed within 9 months of the Planning Commission hearing, to also amend Condition No. 13 calling for the petitioner to submit a landscape and irrigation plan to the Planning Department to be completed within 9 months of the Planning Commission hearing and also to provide the landscape setback of a minimum 10 feet wide along Anaheim and Cerritos Blvd., within 3 months of a Planning Commission hearing. 588 City hall, Anaheim, California - COUNCIL MINI3TES - AUGUST 18, 1992 - 5:00 P.M. Council Members posed questions to both Mr. Kieviet and staff for purposes of clarification relative to conditions previously imposed as well as questions relating to bonding requirements. City Attorney White. Subsequently, he explained that the existing CUP issued by Reso~ -ion No. 91R-239, Condition No. 25 provided that Condition Nos. 5, 6, 13 and 14 shall be bonded and a bond posted ta guarantee completion and that the bond was to be posted prior to either the issuance of a building permit or commencement of activity. He is apparently hearing that was done. Tom Kieviet. He believes there was a bond put up for the parking lot landscaping and is in the City Engineer's office. City Attorney White. The bonding is not a new requirement. The 1991 permit required bonding; Tom Kieviet he is asking that additional bonding requirements not be imposed. He can provide copies of the bond paperwork. City Attorney White. If the bonds meet the requirements of Condition No. 25, there will not be more required. If the City Council wishes to act favorably upon Mr. Kieviet's request, it probably could be done by amending only two conditions. Condition No. 12 relates to sign size. Condition Nos. 6, 13 and 14 relate to delaying the time which could be accomplished by amending Condition No. 25 that requires those conditions to be met one year from July 23, 1991 rather than amending each of the individual conditions. He does not see that Mr. Kieviet would have any objection to doing it that way. It would be amending only two Conditions, Condition No. 12, sign size, and Condition No. 25, which would delay the time frames for complying with Condition Nos. 6, 13 and 14. It has been indicated that Condition No. 5 has been satisfied. Tom Kieviet. In view of the fact that the Planning Commission favorably recommended the delay in compliance with certa'in conditions, they are asking the Council to adopt those recommendations. The signage is separate and their request is different than what the Planning Commission recommended. As noted in the rendering, they inserted the preferred sign which they are requesting that the Council adopt at this time. They are asking for a sign up to 36 feet high with pennants at the top. It was designed to effect a festivals/bazaar type atmosphere needed to create business. Because the building sits back over 600 feet from the street, it was essential from a business perspective to have a sign closer to the street. He then briefed the outline submitted to the Council entitled - Requested action by City Council - Conditional Use Permit No. 3400, Anaheim Market Place, 1440 S. Anaheim Blvd., Anaheim. (Also, see ~etter dated July 23, 1992 from Fred Boyles and Company, designers of the sign as well as letter dated July 30, 1992 from Mr. Kieviet in which gave the details of the request to extend and amend conditions of CUP 3400 along with their request for a waiver of Special Event Permit limits.) Their request for modification of the Special Event Permit limitations was listed under Items 3 and 4 of the outline submitted - basically to allow a large roof top balloon and parking lot decorations of balloons and banners in the parking area until the permanent sign is erected and thereafter allow roof top balloon and parking lot decorations to be in place on weekends and holidays only and allowing, instead of only two special event permits of 14 days each under the code, that they be allowed to have promotional outdoor activities as indicated under Item 4 on weekends and holidays only. These changes would greatly enhance the ability of this business to bring in 589 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. additional businesses and revenue for the City. They would not be in conflict with other businesses in the area. Les Lederer. He is one of the partners that owns the property which they have owned for almost twenty years. He explained the history of the property during that period. He is present to seek help and support. He is interested in having a viable property that can generate income. He took over possession of the property on April 23, 1992. He believes he has rectified every single one of the problems that had existed under the prior management. He explained all of the problems that had occurred with the former tenant and all the things he has done since. He explained the importance of the signage proposed relative to the success of the business as well as the request related to the modification of the Special Events Permit. The sign will take three to four months to build. He also confirmed that a bond was put up for landscaping and he has already hired 'a landscape man to plan t'he landscaping. Extensive questioning of Mr. Lederer followed by Council Member Daly as well as questions to staff relative to the widening of the Santa Ana Freeway and the affect it will have on the Anaheim Boulevard interchange, etc. In concluding, Council Member Daly stated that they should keep in mind that the City has the subject area in a redevelopment study area and are trying to improve access to the freeway and there will be a lot more traffic on that street for the merchants which is part of the context in which they have to make a decision about the balloons and special events. Tom Kieviet. He thereupon submitted a petition in support of the request signed unanimously by all the vendors in the facility. There is also support of the Community Development Committee of the Chamber. They made their presentation to them and there is no opposition from surrounding property owners. Mayor Hunter closed the public hearing. Annika Santalahti, Zoning Administrator. She explained for Council Member Pickler that the Planning Commission reviewed the proposal and concurred with the signage to the extent of not including the banners on the top and agreed with the delay on the timing. However, they did not agree with the special events proposals as being consistent with the intent of special events in the City and staff agrees. The Planning Commission did not agree with Mr. Kieviet's proposed interpretation of the code, but that special events should only be allowed as any other business - two events per year totalling fourteen days each time. The ordinance relative to special events has been in affect for over 22 years and it has worked surprisingly well. City Attorney White. Relative to the special events request, the code states each business or shopping center and the interpretation being requested is that each of the vendors within the swap meet or individual businesses and, therefore, ~ince there are fifty or so that, in essence, there could be a separate two week permit for each of those year round - an outdoor carnival, clowns, balloons, flags and several other things they have requested. If the Council makes that interpretation, it would apply not only to this applicant, but also citywide. There is an option. The code also provides upon application made that the City Council can waive the two-week limitation for any given permit. That is not in front of the Council tonight. The fact that the Council would disagree with the applicant's interpretation would not preclude the applicant from seeking an extension or waiver of the two-week limitation due to the circumstances that may apply to this property that do not apply to other properties. 590 City Hall, Anaheim, California - COUNCIL MINT/TES - AUGUST 18, 1992 - 5:00 P.M. Council Member Daly. He interrupted and suggested that the Council do what Mr. White is suggesting. He thereupon recommended that they allow the balloons and banners in the parking lot until the permanent sign is installed including the banners/pennants on the top of the sign as depicted in the renderings and also allow the delay in time as approved by the Planning Commission but not allow anything further relative to the Special Events Permit. City Attorney White. Before action was taken, for clarification, he noted there are two different issues - one which is not controversial is the timing amendments, Condition No. 25 and the second is amending Condition No. 12 relating to the sign. The resolution that Council Member Daly proposed would be to approve an amendment to Condition No. 12 in accordance with Exhibit A which includes the banners on the top of the sign. That modifies the Planning Commission decision. The first action would be to offer the resolution amending Conditions 12 and 25 of CUP No. 3400 as stated. Council Member Daly explained for Mr. Kieviet that on the outline submitted, he would be getting all of number one, all of number two, part of number three, but does not get number 4. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Simpson, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-182) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Daly offered Resolution No. 92R-182 for adoption, approving amendment of Conditions 12 and 25 of Conditional Use Permit No. 3400 as articulated by the City Attorney. Refer to Resolution Book. RESOLUTION NO. 92R-182: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3400 AND AMENDING RESOLUTIONS NOS. 91R-165 AND 91R-239. Roll Call Vote on Resolution No. 92R-182 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, .Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-182 duly passed and adopted. City Attorney White. With regard to special events for flags, banners and balloons, he interpreted Council Member Daly's intent to be to allow an extension of the application for flags, banners and balloons for 90-days from this date, but allowing flags, banners and balloons only and not the other things requested. 591 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 18, 1992 - 5:00 P.M. Council Member Daly confirmed that was the intent and after the permanent sign is installed, that is it as far as special events. City Attorney White. It is necessary to understand that the applicant could come back and seek relief later, but this would limit the activity to 90-days. MOTION: Council Member Daly moved to allow an extension of the application for flags, banners and balloons for 90-days from this date (August 18, 1992). Council Member Simpson seconded the motion. Before a vote was taken, Mr. Kieviet posed questions for purposes of clarification which were answered by the City Attorney that they could have the flags, banners and balloons for 90-days only. If the permanent sign is not up in 90-days, the flags, banners and balloons cannot remain. Tom Kieviet. They would still like to have separate independent action on Item No. 4 - special events - to verify if the Council has a concern or problem with what they are requesting. It is promotional activity on weekends only. They are not asking so much for an interpretation as for request of the Council to modify the regulations. City Attorney White. At present, two Special Events Permits per year of 14-days each is allowed. They are asking to permanently be able to have special events on weekends for the activities proposed in Item 4 of Mr. Kieviet's letter. He suggested since presently they have a right to get two permits for 14-days each or 28 days, that during that time the City would be able to monitor the situation and Code Enforcement could determine if there are any concerns. At that time, the applicant can come in and state that they have done this for 4 weeks, Code Enforcement was not unhappy and they would like an extension. Les Lederer. He has used his 28-days and there have been no problems with Code Enforcement. He needs the help and he is asking now for a further extension. City Attorney White. The problem is tonight the appropriate staff is not present to give Council input from the City side. A vote was then taken on the foregoing motion allowing flags, banners and balloons only for 90-days from this date, but that if the permanent sign is not installed in 90-days there could no longer be flags, banners and balloons. MOT ION CARRI ED. City Attorney White. To dispose of all the requests, it would then be in order to deny the application for an extension of the Special Events Permit for outdoor entertainment at this time (see Item B8 on today's agenda). MOTION: Council Member Daly moved to deny the application for an extension of the Special Events Permit for outdoor entertainment in connection with the Anaheim Market Place. Council Member Hunter seconded the motion. MOTION CARRIED. ADJOURNMENT: Council Member Pickler moved to adjourn, Council Member Hunter seconded the mot ion. MOTION CARRIED. (9:12 p.m.) . LEONORA N. SOHL, CITY CLERK 592