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1991/04/16City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC & TRANSPORTATION MANAGER: John Lower ZONING DIVISION MANAGER: Greg Hastings PLANNING DIRECTOR: Joel Fick SENIOR REAL PROPERTY AGENT: Richard Santo FINANCIAL SERVICES MANAGER: Mike Bell A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:55 p.m. on April 12, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter 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. 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. (3:04 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. (5:27 p.m.) 225 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. INVOCATION: Reverend Bryan Crow, Garden Church, gave the invocation. FLAG SALUTE: Council Member William Ehrle 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: Earth Day in Anaheim, Let's make a difference, April 21, 1991 Victims' rights week in Anaheim, April 21 - 27, 1991 National Day of Prayer in Anaheim, May 2, 1991 Congratulations and commending Cypress College on their 25th anniversary celebration. Accepting the Earth Day proclamation were Mary Ann Barngrover, Chevron Companies; Barbara Sagara, Ralph's Grocery Company; Amy Baker, Kaiser Permanente; Norris Creveston, Anaheim Public Utilities; and Vince Taormina, Anaheim Disposal. Unable to be present were John Hills, Anaheim Public Utilities and Cindy Beyl, Los Angeles Times/Orange County. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Mr. Leonard Smith for 25 years of outstanding dedicated service as president of the City of Anaheim Stadium, Inc. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to representatives of the City's Code Enforcement Department, Richard LaRochelle and Eleanor Fix recognizing and commending the department for their outstanding service and commitment to the betterment of the community and upon being presented with a $7,000 award from the Disneyland Community Service Awards acknowledging the Department's highly successful Anaheim Beautiful program. Mayor Hunter and Council Members personally commended the department and the representatives present. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Captain Pete DaPaola, Sergeant Gray and the D.A.R.E. Officers recognizing them for their outstanding service and commitment to the community and further congratulating them upon being presented with a $15,000 award from the Disneyland Community Service Awards acknowledging the Department's highly successful D.A.R.E. Youth Drug Awareness program and Community Action Team. Mayor Hunter and Council Members personally congratulated and commended the Captain, Sergeant and Officers present. Mayor Hunter also emphasized the importance and the success of the D.A.R.E. program and the dedication of the Police Officers involved. MINUTES: Council Member Ehrle moved to approve the minutes of the regular meeting of March 19, 1991. Council Member Daly seconded the motion. MOTION CARRIED. 226 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,748,869.43 for the week ending April 12, 1991, in accordance with the 1990-91 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:45 p.m.) Mayor Hunter reconvened the City Council meeting. (5:50 p.m.) WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 91R-112 through 91R-116, both inclusive, for adoption; Ordinance No. 5213 for adoption and Ordinance Nos. 5215 and 5216 for introduction.) Council Member Pickler moved to waive the reading in full of the resolutions and ordinances. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 91R-112 through 91R-116, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5213 for adoption and Ordinance Nos. 5215 and 5216 for introduction. Refer to Resolution/Ordinance Book. Al. 107: Awarding a contract to the lowest and best responsible bidder, Viking Equipment Corporation, in the amount of $12,600 for Building Demolition at 1000 North Anaheim Boulevard. A2. 158: Authorizing the payment of $4,602 to the owner, Nu Anaheim Limited partnership, pursuant to agreement on file, for the cost of replacement of the signs located at 721/727 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-39). A3. 123: Approving an agreement with Austin-Foust Associates, Inc., at a cost not-to-exceed $252,000 with JHA Environmental Consultants and Willdan Associates as subconsultants, to prepare the Citywide Traffic Model and General Plan Air Quality Element. A4. 123: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for seven months ended January 31, 1991. A5. 153: RESOLUTION NO. 91R-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PERTAINING TO SEVERANCE PAY. (Approving a severance pay program for employees who may separate from employment as the result of a planned reduction of the workforce.) City Manager James Ruth. He announced that Sharon Ericson, President, Anaheim Municipal Employee's Association (AMEA) has requested to speak on this item. Relative to the Severance Pay program, the proposed policy change has been modified to state that anybody who has completed probation in the City (6 months) would be eligible for the one month's severance pay whereas it was 227 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. initially proposed that eligibility would be upon completion of one year of service. Sharon Ericson, President, AMEA. She wanted Dave Morgan, Human Resources Director and Chris Chase, Benefits and Information Manager to know how much the Association appreciated their hard work relative to the severance packet. She brought the proposal to them that severance pay go to those with at least six months of service. She urged the Council's approval. Mrs. Ericson continued she wanted the Council to know that AMEA has not given up the "battle" to save the affected employees. All of the custodians who are going to be affected are present tonight. In her opinion, every time during negotiations the City management side has always 'cried wolf" that there is no money to the point where the Association no longer believed management. She wants the Council to know that if she had believed this during the last negotiations, she would not have pushed for such a high increase. There are areas where they could give input. They have even thought, if the City would meet with them and possibly discuss a shorter work week, they would do so - anything to save the employees. They are willing to do whatever they can to make the situation change. The City has contracted out these positions for approximately $360,000 for the next nineteen months. They feel if the City could hire one or two more custodians, they would be willing to pick up the extra work those custodians already on contract are doing. They want to help but do not want to lose their people. She asked that the Council save their employees but if they cannot do so, that the severance pay be on a six-month and not a one-year basis. She asked those employees to stand up in order for the Council to see who is going to be affected. Mayor Hunter. The City Manager is going to address the issue. City Manager Ruth. These are very difficult times and staff throughout the City has been under a lot of duress as they have tried to address the budget shortfall. There has been a tremendous amount of support and cooperation from various departments recognizing the shortfall. As a result of Council's direction and staff's analysis of the budget, they feel the corrective measures taken back in October by freezing positions in the City and cutting back on capital improvements and operating expenses they were able to save a substantial amount of money which gives more latitude to deal with the personnel problems at this time and to deal with the shortfall. They have written out 132 positions that are vacant. It is absolutely the intent to reassign as many people on the cut list into the vacant positions. As a result of direction from Council today, staff feels by prudently looking at these lists and working with the various employee groups and City departments they will be able to absorb every employee in the City. Nobody will actually go out the door. Every employee scheduled to be cut will be reassigned to vacant positions in the City. It does not mean they are not going to cut positions; they will be cutting the vacant positions. It does mean that any employee currently working for the City will not be put out in the street. That is a commitment from Council, and staff is working diligently to accomplish that. They are going to need a lot of cooperation from the employee groups and the departments, but it is clearly the goal to minimize that impact throughout the City. 228 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. Mrs. Ericson. She asked if that means the custodians as well. City Manager Ruth answered absolutely. What they would commit to with the custodians, they may be cutting back in the custodial operation but they will reassign those employees to other positions in the City. There is no guarantee they will be retained as custodians, but reassigned to other vacant positions in the City. At the conclusion of the Consent Calendar, the City Council adopted the proposed policy with the modification changing the eligibility for severance pay to those who have completed six month probation. A6. 153: RESOLUTION NO. 91R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 14, TRANSFER, AS SET FORTH IN RESOLUTION NO. 88R-166. A7. 153: ORDINANCE NO. 5215 - (INTRODUCTION): AN UNCODIFIED 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. A8. 158: RESOLUTION NO. 91R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN HEAL PROPERTIES OR INTERESTS THEREIN. A9. 130: ORDINANCE NO. 5213 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM ESTABLISHING PROCEDURES FOR THE PROCESSING OF APPLICATIONS FOR FRANCHISES INCLUDING TRANSFERS THEREOF. AIO. 123: Approving an Agreement with Anaheim Cinco De Mayo Committee for the promotion of the Twentieth Annual Cinco de Mayo Fiesta at La Palma park from May 2 through May 5, 1991; allocating $5,000 in Council Contingency Funds to Program 279 for expenses related to the Fiesta; and allowing an amateur boxing tournament to take place at the Fiesta on Sunday, May 5, 1991, per City code. Ail. 123: Approving an agreement with ASM Enterprises, Inc., for the operation of the food and beverage services at the H.G. "Dad# Miller Public Golf Course for an initial period of 5 years, plus a five-year option at the discretion of both parties. Al2. 137: RESOLUTION NO. 91R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,400,000 AGGREGATE PRINCIPAL AMOUNT OF ELECTRIC REVENUE BONDS, ISSUE OF 1991, OF THE CITY; AND PROVIDING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF SUCH BONDS. (Mini-Bonds) Mayor Pro Tem Ehrle. In reading the background documentation on the subject bonds, he notes that there was no recommendation by the Public Utilities Board (PUB). He asked why, since he believes the proposal is an excellent one. Mike Bell, Public Utilities Department, Financial Services Manager. This particular issue has not gone back to the Board other than the fact that the 229 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. Board, during the preparation of the department's budget, included the mini bonds financing as the revenue source for the capital projects included in the budget. In that sense, it was reviewed by the Board. It did not go back through the board at this time. Mr. Bell also explained for Mayor Pro Tem Ehrle that this issue is only one of a few done in the country. It is a very good issue and it is tax exempt from both federal and state taxes. Council Member Daly. He agrees it is a great program and the kind that should be brought to the Public Utilities Board. RESOLUTION NO. 91R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, APPROVING THE FORM OF THE OFFICIAL STATEMENT RELATING TO THE CITY OF ANAHEIM, ELECTRIC REVENUE BONDS, ISSUE OF 1991; APPROVING THE MAILING AND DISTRIBUTION OF INFORMATIONAL MATERIAL, ORDER FORMS AND THE PUBLICATION OF ADVERTISEMENTS DESCRIBING THE BONDS; AND AUTHORIZING OFFICERS OF THE CITY TO DO ALL THINGS NECESSARY OR ADVISABLE TO COMPLETE THE SALE OF THE BONDS. (Mini-Bonds) Al3. 123: Approving an agreement with the County of Orange, at the cost of $16,000 for a 6" water main relocation on Chanticleer Road from Gilbert Street to Perdido Street. Al4. 149: ORDINANCE NO. 5216 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5198 CONCERNING SECTION 14.32.189 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC. (Pertaining to prohibited parking on Walnut Street.) Roll Call Vote on Resolutions: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution Nos. 91R-112 through 91R-116, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance No. 5213 duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 230 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. ITEMS Bi - B7 FROM THE PLANNING COMMISSION MEETING OF MARCH 25, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 16, 1991: B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3391 AND NEGATIVE DECLARATION: OWNER: FRANK & JULE NOBLES, 18901 Watson Street, Cerritos, CA 90701 AGENT: HELEN GAY, 1180 S. Belhaven, Anaheim, CA 92805 LOCATION: 1180 S. Belhaven Street. Property is approximately 0.2 acre located on the east side of Belhaven Street and approximately 270 feet north of the centerline of Ball Road. To expand an existing board and care facility from 6 to 10 residents with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3391 GRANTED (PC91-39) (6 yes votes, 1 absent). Waiver of code requirement APPROVED. Approved Negative Declaration. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3390 AND NEGATIVE DECLARATION, WAIVER OF COUNCIL POLICY NO. 543: OWNER: DWYER BEESLEY, ~200, 300 N. TUSTIN, Santa Ana, CA 92705 LOCATION: 209 North Gilbert Street. Property is approximately 0.23 acre located on the west side of Gilbert Street and approximately 550 feet north of the centerline of Lincoln Ave. To permit a 9-unit "affordable" senior citizen's apartment complex with waivers of (A) minimum building site area per dwelling unit, (B) minimum setback to single family zone, (C) maximum structural height and (D) minimum structural setback from the street. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3390 GRANTED (PC91-40) (5 yes votes, 1 no vote, and 1 absent). Waiver of code requirement APPROVED (waiver (C) to be modified to indicate that the setback is for a parking space as opposed to a trash enclosure. Waiver of Council Policy 543 APPROVED (5 yes votes, 1 no vote, and 1 absent). Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Daly and Pickler, and therefore, a public hearing will be scheduled at a later date. B3. 179: CONDITIONAL USE PERMIT NO. 3299 (REV. 1), TENTATIVE TRACT NO. 14406 (REV. 1) AND NEGATIVE DECLARATION: AGENT: O.M.P. PARTNERSHIP, 1424 Victoria Way, Placentia, CA 92670 LOCATION: 1575 W. Katella Ave. Property is approximately 2.21 acres located on the north side of Katella Ave. and approximately 314 feet east of the centerline of Carnelian Street and West Street. To permit a two-lot, 40-unit, RM-2400 zone Condominium Complex ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3299 GRANTED (PC91-41) (6 yes votes, and 1 absent). Tentative Tract Map 14406 (Rev. l) APPROVED. NOTE: AT THE MEETING OF APRIL 2, 1991, THE CITY COUNCIL TOOK NO ACTION ON TENTATIVE TRACT MAP 14406. Approved previously approved Negative Declaration. 231 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. B4. 179: CONDITIONAL USE PERMIT NO. 3395 AND NEGATIVE DECLARATION: B5. OWNER: ALAN and TONI JEAN ANTOYAN, 868 N. Main Street, Orange, CA 92668 AGENT: JOHN YODER, 3311 N. 44th Street, #100, Phoenix, Arizona 85018 LOCATION: 1617 E. Ball Road. Property is approximately 2.02 acres on the north side of Ball Road and approximately 667 feet west of the centerline of State College Boulevard. To permit the outside storage of roofing material and large equipment for a roofing contractor. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3395 DENIED (PC91-42) (6 yes votes, 1 absent). Denied Negative Declaration. 179: CONDITIONAL USE PERMIT NO. 3396, CATEGORICALLY EXEMPT, CLASS 3: OWNER: RONALD & JO ANNE PRICE, 628 South Westchester Drive, Anaheim, CA 92804 AGENT: BLUE RIBBON BUILDERS, 1135 West Katella Avenue, Orange, CA 92667, Attn: Jeanne Marie Torres LOCATION: 628 South Westchester Drive. Property is approximately .31 acre on the northeast side of Westchester Drive and approximately 405 feet north of the centerline of Stonybrook Drive. To permit a 616 square foot granny unit. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3396 GRANTED (PC91-43) (6 yes votes, I absent). B6. 179: CONDITIONAL USE PERMIT NO. 3398 AND NEGATIVE DECLARATION: OWNER: FIRST CHRISTIAN CHURCH ANAHEIM, P. O. BOX 207, Anaheim, CA 92815 AGENT: DAVID FIFER, 155 Doverfield, Placentia, CA 92670 LOCATION/REQUEST: The property is located at 819 S. Harbor Boulevard and is approximately .54 acre on the west side of Harbor Boulevard and approximately 200 feet south of the centerline of South Street. The request is to permit a church meeting facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3398 GRANTED (PC91-44) (6 yes votes, i absent). Approved Negative Declaration. Council Member Pickler. He asked relative to ingress and egress if access from the project could be taken from South street rather than Harbor Boulevard. John Lower, Traffic and Transportation Manager. The lot is relatively level and it appears access could be taken off South street. This would be consistent with the County's Super Street program of which Harbor Boulevard is a part. One of the goals is to restrict driveway access wherever possible. The reason staff did not make a recommendation in this case is due to the relatively low trip generation of the church facility. Currently, they do not have access from South street. B7. 179: VARIANCE NO. 4116 , CATEGORICALLY EXEMPT, CLASS 11: OWNER: THOMAS INVESTMENTS, A CALIFORNIA GENERAL PARTNERSHIP, 22905 Lockness Ave., Torrance, CA 90501 232 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5=00 P.M. AGENT: COAST SIGN DISPLAY INC., 1345 South Allec Street, Anaheim, CA 92805 LOCATION/REQUEST: The property is located at 850 North Brookhurst Street and is approximately 4.5 acres on the east side of Brookhurst Street and approximately 1,065 feet north of the centerline of Crescent Ave. Waiver of permitted location of freestanding signs to construct a 32 square-foot freestanding sign. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4116 GRANTED (PC91-45) (6 yes votes, i absent). Council Member Pickler. He asked the type of sign that was being proposed. Greg Hastings, Zoning Division Manager. The additional sign is one that is freestanding which will be on Brookhurst. The waiver pertains to the location of the sign in relationship to the side property lines. Because the slope is adjacent to the freeway overcrossing, the sign needs to be closer to the south property line than what is normal. They have a sign adjacent to the freeway which the Planning Commission has asked they refurbish. Neither of the signs is visible at the same time - one is from Brookhurst and one is from the freeway. Joel Fick, Planning Director. Both signs are permitted signs on the property. The only issue is the location. End of the Planning Commission Items from March 25, 1991. B8. 179: ORDINANCE NO. 5214 - (ADOPTION): Amending Title 18 of the Anaheim Municipal Code to rezone property under Reclassification No. 88-89-39 located at 1111 W. La Palma Avenue (Anaheim Memorial Hospital Association), from the RS-7200 zone to the CO zone. (Introduced at the meeting of April 9, 1991, Item B5.) WAIVER OF READING - ORDINANCES: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5214) Council Member Daly moved to waive the reading in full of the ordinance. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Daly offered Ordinance No. 5214 for adoption, amending Title 18 of the Anaheim Municipal Code to rezone property under Reclassification No. 88-89-39 located at 1111 W. La Palma Avenue (Anaheim Memorial Hospital Association), from the RS-7200 zone to the CO zone. Refer to Ordinance Book. ORDINANCE NO. 5214: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None 233 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. The Mayor declared Ordinance No. 5214 duly passed and adopted. ITEM B9 FROM THE PLANNING COMMISSION MEETING OF APRIL 8, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 18, 1991: B9. 170: TENTATIVE TRACT MAP NO. 14401 AND MITIGATED NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3380: OWNER: JOHN PRENTICE, 280 North Oft St., Corona, CA 91720 AGENT: NEWPORT PACIFIC DEVELOPMENT, Attn: Mo Mohammad, 440 MacArthur Blvd., ~900, Newport Beach, CA 92660 LOCATION/REQUEST: The property is located at 2941 East Jackson Street and is approximately 1.07 acres located on the north side of Jackson Avenue and approximately 750 feet east of the centerline of Park Vista Street. The request is to permit an "affordable" 24-unit, RM-2400 condominium complex with waivers of maximum fence height and minimum distance between oil drilling structures and dwelling units. Petitioner also requests amendment to conditions of approval pertaining to construction of sewer facilities. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14401 APPROVED. Approved Mitigated Negative Declaration. NOTE: WAIVER OF CODE REQUIREMENT AND CUP NO. 3380 WILL APPEAR ON THE COUNCIL MEETING OF APRIL 23, 1991, (APPEAL PERIOD EXPIRES APRIL 30, 1991). Council Member Daly. He notes that the code waiver and the CUP will be coming to the Council on the Consent Calendar on April 23, 1991. He questioned then why the tentative tract was before the Council today and why they should not be considered as one package. City Attorney White. State law controls time periods for appeals on tract maps and provides a maximum ten-day period where as the City's zoning codes specifies the time periods for appeals on zoning actions. Council Member Daly. If the Council wants to consider the tentative tract on the same schedule as the other zoning actions, he asked if they could do so. City Attorney White. The way to do so would be to appeal the tract map today assuming the Council would then appeal the Zoning actions. He reiterated the problem is that state law only allows ten days on tentative maps and zoning actions are twenty-two days. He confirmed for Council Member Daly that in this case, it would not be a problem if the tract map is approved and the CUP disapproved later. ITEM B10 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 4t 1991 - DECISION DATE: APRIL 10, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 20, 1991: Bi0. 170: TENTATIVE PARCEL MAP NO. 90-421 AND NEGATIVE DECLARATION: OWNER: LARRY R. SMITH, 17045 Marina Bay Drive, Huntington Beach, CA 92643. 234 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. AGENT: ANACAL ENGINEERING COMPANY, 1900 E. La Palma Ave., Suite 202, Anaheim, CA 92803-3668. To permit a 2-lot parcel map. Property is approximately 3.56 acres located on the north and west of the northwest corner of Ball Road and Knott Street. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Tentative Parcel Map No. 90-421 APPROVED (ZA91-17). Approved Negative Declaration. ITEM Bll FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 4, 1991 - DECISION DATE: APRIL 10, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 30, 1991: Bll. 179: ADMINISTRATIVE USE PERMIT NO. 91-02 (LARGE FAMILY DAY CARE): To permit a large family day care home for a maximum of 12 (twelve) children at 1226 E. Sandalwood Avenue. Property is approximately .14 acre located on the south side of Sandalwood Avenue approximately 100 feet east of the centerline of Briarwood Avenue. ACTION TAKEN BY THE ZONING ADMINISTRATOR: AUP NO. 91-02 APPROVED (ZA91-18). End of the Zoning Administrator Items. B12. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3217: REQUESTED BY: WILLIAM J. BARKETT, MERJAN, 864 Prospect Street, La Jolla, CA 92037 For a period of one year, retroactively to expire January 26, 1992. LOCATION/REQUEST: The property is located at the northwest corner of Harbor Boulevard and Orangewood (Anaheim Ramada Renaissance). The extension is requested to comply with conditions for Conditional Use Permit No. 3217. CUP NO. 3217 is to construct a 156-foot high, 17-story, 750-room 532,270 sq. ft. hotel facility with accessory uses and with waivers of maximum fence height and minimum number of parking spaces. Submitted was report dated April 8, 1991 from the Planning Department recommending approval subject to three conditions, as listed in the report, being satisfied within 90 days. City Clerk Sohl. She received a letter today by fax from the principal who is in san Diego and unable to attend the meeting. In a subsequent telephone conversation with the principal, she was informed they are in concurrence with the three conditions recommended by staff. MOTION: Council Member Pickler moved to approve the requested extension of time retroactively to expire January 26, 1992 subject to the three conditions listed in the staff report dated April 8, 1991 and that those conditions be satisfied within 90 days. Council Member Ehrle seconded the motion. MOTION CARRIED. B13. 179: REQUEST FOR EXTENSION OF TIME - VARIANCE NO. 3746: REQUESTED BY: FARANO & KIEVIET, 100 South Anaheim Boulevard, Ste. 340, Anaheim, CA 92805, on behalf of Habitat I for a retroactive extension of time from April 5, 1991 to expire April 5, 1992. 235 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. LOCATION/REQUEST: The property is located at 1925 West Lincoln Avenue (northwest corner of Lincoln Avenue and Muller Street). The petitioner requests an extension of time in order to obtain favorable financing. Variance No. 3746 is for waiver of maximum fence height, maximum structural height and minimum distance between buildings to construct a 184-unit, 38-foot high, 2 to 4-story apartment complex. Submitted was report dated April 8, 1991 from the Planning Department recommending that the time extension be granted retroactive to April 5, 1991 to expire April 5, 1992 subject to the proposal being developed in compliance with Items a, b, and c, listed in the staff report. MOTION: Council Member Pickler moved to approve the requested extension of time on Variance No. 3746 retroactive from April 5, 1991 to expire April 5, 1992 subject to the proposal being developed in compliance with Items a, b, and c, listed in the staff report dated April 8, 1991. Council Member Ehrle seconded the motion. MOTION CARRIED. Cl. 151: REQUEST FOR A SPECIAL EVENTS PERMIT - ANAHEIM CAR WASH: REQUESTED BY: TOM AGEE, ANAHEIM CAR WASH, 900 West Lincoln Avenue, Anaheim, CA 92805 LOCATION/REQUEST: The property is located at 900 West Lincoln Avenue (southwest corner of Lincoln Avenue and Ohio Street). The petitioner requests a maximum 180-day time extension for a Special Events Permit in connection with water conservation signage at Anaheim Car Wash. Submitted was report dated April 8, 1991 from the Zoning Administrator recommending that the Council grant two additional 28-days special event permits (for a total of 84 days during 1991) to the petitioner. MOTION: Council Member Pickler moved to approve the request for a special events permit for a maximum 180-day time extension for in connection with water conservation signage at Anaheim Car Wash. Council Member Ehrle seconded the motion. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: Russell Catanzaro, Business Representative for Local 399, AFL-CIO representing the part-time workers who work at the Convention Center and Stadium. He is present at the request of some of the membership to help expedite a situation. If the matter should go to arbitration, it would take too long to resolve something as simple as this. It has to do with 30 and 20 hour people - people that work less than 20 and 30 hours and new hirees hired in at this time. The concern of the employees is the possibility of over hiring and with probationary people getting as much or more time as the 30 hour people. This is only happening on one shift. They would like Council consideration to address the situation and possibly remedy it as soon as possible. There are about six people present from the Convention Center who may wish to speak. Mayor Hunter. This is not an agenda item and the Council cannot take action at this time. Also, he does not feel this is the appropriate forum to address the issue. 236 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. City Manger Ruth. He was not aware of the problem. They would be happy to meet with Mr. Catanzaro as early as possible to try to resolve the difference. They should contact his office and a meeting will be set up. Katherine Campbell, resident of Anaheim. She has been informed that the City has officially cancelled their day care programs - after school as well as summer day care. She questioned why this has happened with such an important program and asked what she and other working parents will do. The City has offered reasonable day care and an excellent program and all of a sudden it is wiped out. She wants to know what they are going to do and if there is any way to re-establish the program to keep it going. City Manager Ruth. This is one of the proposed budgetary cuts by the Parks, Recreation and Community Services Department. The program was not self supporting. The City was subsidizing the program considerably. Another issue was compliance with State requirements. Parks and Recreation did not feel they could comply with the law in terms of facilities and some of the other amenities they are required to provide. On that basis, the department recommended cutting the program for the next year. His understanding is the department is working with other non-profit organizations in the community to try to absorb the children affected and do whatever they can to see that they are placed. Council Member Daly. He asked the City Manager to give a report from the Parks, Recreation and Community Services Department, the department which has been overseeing the program, and explain to the Council what the proposed cutback is - how many young people and families will be affected and what alternative programs may exist in those areas near the sites where the City is now sponsoring day care. City Manager Ruth. Staff will be happy to do that; City Clerk Sohl stated if Mrs. Campbell will leave her name and address, staff will contact her. D1. 176: PUBLIC HEARING - ABANDONMENT NO. 90-10A: In accordance with application filed by Trider Corporation, 12 Corporate Plaza, Newport Beach, 92660, a public hearing was held on proposed abandonment of a portion of that certain easement for storm drain purposes located generally west of Anaheim Hills Road and north of Nohl Ranch Road pursuant to Resolution No. 91R-62 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated March 4, 1991 was submitted recommending approval of said abandonment. Richard Santo, Senior Real Property Agent. Staff recommends approval of the abandonment subject to the valuation payment of $58,578. Mayor Hunter opened the public hearing and asked to hear from those who wished to speak; there being no response he closed the public hearing. 237 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council Member Hunter, seconded by Council Member Pickler, the City Council ratified the determination of the City Engineer that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-117) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-117 for adoption, approving Abandonment No. 90-10A. Refer to Resolution Book. RESOLUTION NO. 91R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF THAT EASEMENT FOR STORM DRAIN PURPOSES LOCATED WEST OF ANAHEIM HILLS ROAD NORTH OF NOHL RANCH ROAD. (90-10A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-117 duly passed and adopted. D2. 179: AMEND CONDITION OF APPROVAL, CONDITIONAL USE PERMIT NO. 2914 AND NEGATIVE DECLARATION: REQUESTED BY: SUZANNE M. DURAN, (YELLOW BRICK ROAD PRE-SCHOOL), 5241 E. Santa Ana Canyon Road, Suite 140, Anaheim Hills, CA 92807 LOCATION/REQUEST: The property is located at 5475 East La Palma Avenue. It is a rectangularly-shaped parcel consisting of approximately 2.1 acres on the north side of La Palma Avenue, located approximately 760 feet east of the centerline of Brasher Street. The request is to amend Condition No. 3 of Resolution No. 87R-354 which granted Conditional Use Permit No. 2914 at the Council meeting of August 18, 1987. CUP NO. 2914 is to permit a day care facility in conjunction with a proposed industrial medical clinic. Petitioner requests an increase in the number of children from 88 to 96. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 4, 1991 Mailing to property owners within 300 feet - April 4, 1991 Posting of property April 5, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 19, 1991 from the Zoning Administrator recommending amendment of Condition No. 3 of Resolution No. 87R-354 to read - #that attendants at such day care facility shall not exceed a maximum of ninety-six (96) children at any one time." 238 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 16, 1991, 5:00 P.M. Joel Fick, Planning Director. The subject project was approved in 1987 and at the time the number of children at the facility was capped at eighty-eight (88). There was no opposition at the time the application was proposed. Since that time, no adverse comments have been received. The applicant has determined they can increase enrollment to ninety-six (96) with no additional increase of staff. The have received approval from the State for that increase. Staff recommends approval of the requested increase. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak either in favor or in opposition; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Hunter, 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. 91R-118) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Hunter seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-118 for adoption, approving amendment to Condition No. 3 of Resolution No. 87R-354 under Conditional Use Permit No. 2914. Refer to Resolution Book. RESOLUTION NO. 91R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2914 AND AMENDING RESOLUTION NO. 87R-354. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-118 duly passed and adopted. ADJOURNMENT: Council Member Hunter moved to adjourn. Council Member Pickler seconded the motion. MOTION CARRIED. (6:20 p.m.) LEONORA N. SOHL, CITY CLERK 239