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1991/06/25City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle COUNCIL MEMBERS: Hunter CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl RECREATION SUPERINTENDENT: Mark Deven ZONING ADMINISTRATOR: Annika Santalahti EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:35 p.m. on June 21, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem Ehrle 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: ae 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. International Title Exposition vs. City of Anaheim, et al., Orange County Superior Court Case No. X62-50-99. Edison Company vs. City of Anaheim, et al., Los Angeles Superior Court Case No. C537702; City of Anaheim, et al., vs. Edison Con., Orange County Superior Court Case No. 49-41-92. be Co To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. do To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). 396 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. 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. (3:02 p.m.) AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:25 p.m.) Council Member Hunter was absent. INVOCATION: Pastor Greg Gibbs, Calvary Baptist Church, gave the invocation. FLAG SALUTE: Mayor Pro Tem William D. Ehrle led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Pro Tem Ehrle and authorized by the City Council. International Cat Show Week in Anaheim, June 23-30, 1991. Eleanor Silverman, accompanied by two representatives and also three felines, accepted the Proclamation. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Mary Raffel, Chairman of the Anaheim Public Library Friends Group, recognizing their outstanding contribution to the community's public educational resources. Mrs. Raffel was accompanied by five members of the Friends Group, including Mr. Earl Dahl, a Member of the City's Library Board. Mayor Pro Tem Ehrle and Council Members thanked the Members individually for all their generous contributions of time and also funds which have been a great asset to the City's libraries. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted and ratified by the City Council commending Ronald K. Dominguez, Executive Vice President, Walt Disney Attractions, West Coast recipient, annual Gift of Hope award, to be presented to Mr. Dominguez on July 20, 1991. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously ratified by the City Council to be presented to James Hahn, recognizing his years of dedication and commitment to the United States Army and Army Reserves and on his return from serving in the Persian Gulf. MINUTES: Approval of the minutes was deferred to the next regular meeting. 397 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,670,961.29 for the week ending June 21, 1991, in accordance with the 1991/92 budget, were approved. Mayor Pro Tem Ehrle recessed the City Council meeting until after the Redevelopment Agency and Housing Authority Meetings. (5:46 p.m.) Mayor Pro Tem Ehrle reconvened the City Council meeting. (5:49 p.m.) WAIVER OF READING - RESOLUTIONS AND ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 91R-206 through 91R-213, both inclusive; Ordinance Nos. 5237 through 5239, both inclusive.) Council Member Pickler moved to waive the reading in full of the resolutions. Council Member Simpson seconded the motion. Council Member Hunter was absent. 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-206 through 91R-213, both inclusive, for adoption. Refer to Resolution Book. Council Member Pickler also offered Ordinance Nos. 5237 through 5239, both inclusive, for adoption. Refer to Ordinance Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management a. Claim submitted by David Miller for property damage sustained purportedly due to actions of the City on or about January 9, 1991. b. Claim submitted by David Kreisler for property damage sustained purportedly due to actions of the City on or about March 25, 1991. c. Claim submitted by Nostalgia Ventures, Inc. for property damage sustained purportedly due to actions of the City on or about May 7, 1990 through May 7, 1991. d. Claim submitted by Phillips Brandt Reddick for indemnity sustained purportedly due to actions of the City on or about July 30, 1990. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held May 9, 1991. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held April 17, 1991, April 24, 1991, May 29, 1991 and June 12, 1991. 398 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. 107: Receiving and filing the Statistical Report Summary ending June 11, 1991, submitted by the Building Division. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of May, 1991. A3. 169: Awarding the contract to the lowest and best responsible bidder, Nobest, Inc., in the amount of $254,046 for Neighborhood Preservation Area II - Phase 2. A4. 164: Awarding the contract to the lowest and best responsible bidder, Mike Cronin Construction, in the amount of $150,106.60 for Ninth - Audre Storm Drain Improvement; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A5. 169: Awarding the contract to the lowest and best responsible bidder, R. J. Noble Company, in the amount of $582,843.64 for Katella Avenue Street and Storm Drain Improvements - State College Boulevard to Lewis Street; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A6. 169: Awarding the contract to the lowest and best responsible bidder, R. J. Noble Company, in the amount of $579,329.28 for Tustin Avenue Street and Storm Drain Improvements. A7. 149: ORDINANCE NO. 5241 - (INTRODUCTION}: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ON MAGNOLIA AVENUE. A8. 104: RESOLUTION NO. 91R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-4 FOR THE CONTRACT YEAR JULY 1, 1991 TO JUNE 30, 1992, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 1392 $8.55) A9. 104: RESOLUTION NO. 91R-207: A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY ON ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-7 FOR THE CONTRACT YEAR JULY 1, 1991 TO JUNE 30, 1992, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT 2875 $49.21) 399 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. Al0. 104: RESOLUTION NO. 91R-208: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-6 FOR THE CONTRACT YEAR JULY 1, 1991 TO JUNE 30, 1992, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT NOS. 2228 AND 2705 $31.67) All. 104: RESOLUTION NO. 91R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1984-1 FOR THE CONTRACT YEAR JULY 1, 1991 TO JUNE 30, 1992, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT NOS. 1453, 1401, 1400, 1374, 335 AND 217 $20.71) Al2. 169: RESOLUTION NO. 91R-210: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO A?J.OCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR TUSTIN AVENUE BETWEEN SANTA ANA CANYON ROAD AND THE SANTA ANA RIVER. ($270,233.33) Al3. 169: RESOLUTION NO. 91R-211: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR KATELLA AVENUE BETWEEN STATE COLLEGE BOULEVARD AND LEWIS STREET. ($266,487.32) Al4. 160: Accepting the low bid of Southwest Power, Inc., in the amount of $103,261.34 for twelve SF-6 subsurface switches, and seven motor operators and auxiliary contacts, in accordance with Bid ~4951. Al5. 160: Accepting the low bid of USCO Power Equipment Corporation, in the amount of $52,016.81 for nine disconnect switches, in accordance with Bid $4942. Al6. 160: Accepting the low bid of NCR Corporation, and authorizing the City Treasurer to negotiate and enter into a contract in an amount not to exceed $120,0OO for a mail remittance processing system, in accordance with Bid ~4954. Al7. 128: Receiving and filing the Monthly Financial analysis presented by the Director of Finance for ten months ended April 30, 1991. Al8. 179: Approving a Negative Declaration, pursuant to CEQA findings, for the Railroad Park Development Project (Citrus Park) located on Atchison Street between Broadway and Center Avenue; and authorizing the City Clerk to file a Notice of Determination as required by CEQA. Al9. 123: Approving an Agreement with Anaheim City Elementary School District to provide Park Ranger patrols of school facilities from July 5, 1991 through June 28, 1992. 400 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. A20. 150: RESOLUTION NO. 91R-212: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE ORANGE COUNTY URBAN PARKS PROGRAM. (Peralta Canyon Park Group Picnic Shelter; Peralta Canyon Recreation Center Improvements; La Palma Park (Glover Stadium) Baseball Concession Improvements; Basketball Court Lighting Improvements at Peralta Canyon, Ponderosa, Twila Reid, John Marshall and Eucalyptus Parks.) Authorizing the City Manager to sign the application and act as the City's Representative in all matters concerning applications for funding of the above projects. A21. 123: Approving an Agreement with Anaheim Union High School District for the non-fee use of the Ponderosa Neighborhood Center to provide a federally-sponsored Summer Food Service program for community youth for a period of two months; and appropriating $800 into expenditure account 01-280-6925 and revenue account 01-280-3723. A22. 123: Approving a Lease Agreement with Anaheim Union High School District for the use of space at Trident Junior High School during Fiscal Year 1991/92 at a cost of $75,204 per year. A23. 123: Approving an Agreement with Savanna School District to make use of grant funds in the amount of $200,000 for the development of modular classrooms for before-and-after-school child care at Hansen, Reid, Cerritos and Holder Elementary Schools. Council Member Daly. He wanted to highlight this item and thank staff for the great work done in this regard. At the City School's Coordinating Committee Meetings a frequent topic is the need for coordination and cooperation between the City and the School District's Child Care and Day Care matters. This is an outstanding example of a cooperative program wherein the City obtained some grant funds and worked with the Savanna School District to provide child care facilities at five of the school campuses. Using school campuses for before and after school care is such an efficient and smart use of the facilities. He thanked staff and particularly the Parks and Recreation Department. A24. 123: Approving a Juvenile Court Work Program Agreement with the County of Orange Probation Department to provide the City with work crews for $325 per work crew per day. A25. 123: Approving an Indemnification Agreement with Municipal Water District of Orange County (MWDOC), Coastal Municipal Water District (Coastal), Orange County Water District (OCWD), and the Orange County Volunteer Emergency Preparedness Organization (VEPO) to indemnify and hold each other harmless from liability for injury or property damage incurred as a result of providing assistance to one another in response to a regional disaster. 401 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. A26. 123: Approving an Indemnification Agreement with Metropolitan Water District of Southern California and the Member Agency Response System (MARS) participants to indemnify and hold each other harmless from liability for injury or property damage incurred as a result of providing assistance to one another in response to a regional disaster. A27. 123: Waiving Council Policy No. 306 and approving the purchase of 30,000 water conservation kits from the Metropolitan Water District (MWD) at a cost of $60,000 and authorizing the Public Utilities General Manager to execute an agreement with Metropolitan Water District for participation in the Water-Wise '91 Campaign. A28. 123: Approving an Agreement with the Walt Disney Company, County Sanitation District of Orange County and Metropolitan Water District of Southern California to replace older, high-volume, toilets with ultra low-flush toilets in the Disneyland Hotel, and authorizing the Public Utilities General Manager to sign said agreement. A29. 123: Approving the Settlement Agreement and Mutual Release Agreement between the Southern California Edison Company and the Cities of Anaheim and Riverside, and authorizing the Public Utilities General Manager to execute said agreement. A30. 123: Approving an Agreement with the YMCA for $49,120 for rehabilitation costs to carry out improvements to their facility located at 1515 West North Street. A31. 101: Approving a relocation claim in the amount of $34,485 for Rancho Del Rio Stables, and authorizing the City Manager to approve payments conditioned upon submittal of claims in a form suitable to the City. Council Member Pickler voted No. A32. 114: Approving the use of Council Contingency Funds, in the amount of $2,100 for the purchase of seventy American flags and flag poles for the American Legion to display in Anaheim. A33. 123: Approving a ninth Amendment to Agreement with E. Del Smith and Company, Inc., to extend the term of the agreement to cover the period from July 1, 1991 through June 30, 1992, for representation services in Washington, D. C. A34. 123: Accepting the bid of, and awarding the contract to the sole responsible bidder, Edwin Webber, Inc., in the amount of $53,620 for weed abatement services for the fiscal year 1991/92. A35. 116: Approving the JTPA program activities, program mix, and allocations for the period from July 1, 1991, through June 30, 1992, and authorizing the JTPA Manager to execute the necessary agreements and any modifications. 402 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. A36. 123: Waiving Council Policy No. 401 and approving an Agreement with Johnson and Kaji, Inc., in the amount of $36,800 to provide professional services in the form of development and implementation of pre-placement medical standards, and approving the examination quality assurance fees. A37. 144: ORDINANCE NO. 5237 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 6.68.040 OF CHAPTER 6.68 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FEES FOR PERMITS FOR WIPING RAG BUSINESSES. A38. 149: ORDINANCE NO. 5238 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM ESTABLISHING THE PENALTIES FOR ANAHEIM MUNICIPAL CODE PARKING VIOLATIONS. (Introduced at the meeting of June 18, 1991) A39. 129: ORDINANCE NO. 5239 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 6.40.040 OF CHAPTER 6.40 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PERMITS FOR PUBLIC DISPLAYS OF FIREWORKS. City Attorney White. Answering Council Member Pickler he explained in the City's Ordinance adopted relating to the prohibition of fireworks, there was a provision that fireworks would continue to be allowed pursuant to a professional display permit issued through the Fire Department. This is an update of that particular provision. Professional pyrotechnicians licensed through the State may obtain a permit through the Fire Department and are still authorized to hold public displays of fireworks such as at Anaheim Stadium, Disneyland or elsewhere in the City. This merely relates to the fees and makes it easier in the future to establish fees so that the Ordinance does not have to be amended every time there is a change in the permit fee. A40. 169: Awarding the contract to the lowest and best responsible bidder, Steiny and Company, Inc., in the amount of $1,542,742 for Federal Demonstration Project No. 3 - Changeable Message Signs. A41. 130: RESOLUTION NO. 91R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO APPROVE THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM EMPIRE CABLE TELEVISION, INC. (DBA ANAHEIM HILLS CABLE TELEVISION) TO JONES SPACELINK, LTD. AND ORDERING A HEARING THEREON. (Suggested hearing date is July 16, 1991, 6:00 p.m.) A42. 101: Authorizing Termination of Declaration of Covenants and Restrictions on City land and authorizing the City Manager or designee to execute said amendment and other documents relating to the Phoenix Club project. (Submitted was report dated June 25, 1991 from the Community Development Department recommending the termination'.) Council Member Pickler voted No. Roll Call Vote (Resolution Nos. 91R-206 through 91R-213, both inclusive; Ordinance Nos. 5237 through 5239, both inclusive: 403 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle None Hunter The Mayor Pro Tem declared Resolution Nos. 91R-206 through 91R-213, both inclusive, duly passed and adopted, and Ordinance Nos. 5237 through 5239, both inclusive, duly passed and adopted. End of consent calendar. MOTIONS CARRIED. 123: VOTE CHANGE - COUNCIL MEMBER PICKLER: Council Member Pickler stated that on June 11, 1991 he voted Yes on an item on which his intent was to vote No - item A21 of June 11, 1991 - approving a scheduling agreement with Ogden Facility Management Corporation and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. He asked the City Attorney if he could do so at this time. City Attorney White. The answer would depend on whether it would change the result of the action. If it does not and Council Member Pickler wishes to change his vote, he can do so. If it changes the result, it would require a motion to rescind or reconsider the matter. Council Member Pickler. The City Clerk can attest that his No vote would not change the outcome. Council Member Pickler's vote on Item A21, at the meeting of June 11, 1991 was thereupon changed from a Yes to a No. A43. 105: APPOINTMENT TO THE SENIOR CITIZEN COMMISSION: Appointment to fill an unscheduled vacancy (Nelson - term expires June 30, 1991). Suggest the candidate be appointed to the ensuing term ending June 30, 1994. City Clerk Sohl stated the suggestion to appoint a candidate for the ensuing term is due to the fact that there is only one month left on the current vacancy. Mayor Pro Tem Ehrle. Unless there is a problem, he would like to have the appointment continued for two weeks; Council Member Simpson asked if it could be continued to a date certain. He suggested that all appointments be set for the first meeting in August. Mayor Pro Tem Ehrle. He noted that in essence all Board and Commission appointments expire on June 30. The Council would like to have those interested in being reappointed to write letters indicating their continued interest. He would also like to have advertising continued for the vacant positions. The consensus of the Council was that appointments to all Boards and Commissions would be scheduled for the first meeting in August. 404 City Hallr Anaheimu California-COUNCIL MINUTES - June 25r 1991~ 5:00 P.M. 179: ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF JUNE 6, 1991 - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 25u 1991: B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3373 AND MITIGATED NEGATIVE DECLARATION: OWNER: MITTON JOHNSON et al, 1214 West Katella Avenue, Anaheim, CA 92802 AGENT: K. OSTOWARI, 6263 East Twin Peak Circle, Anaheim, CA 92807 LOCATION: 521 South Manchester Avenue. Property is approximately 2.1 acres located on the southwest corner of Manchester Avenue and Santa Ana Street. To permit an auto dismantling and auto storage yard and a temporary office trailer in conjunction with an existing auto repair facility with waivers of minimum structural setback and required improvement of parking area. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3373 DENIED (PC91-72) Waiver of code requirement DENIED. DENIED Negative Declaration. A letter of appeal was received from the agent for the applicant, Mr. K. Ostowari and therefore, a public hearing will be set at a late= date. B2. 179: VARIANCE NO. 4130, TENTATIVE TRACT MAP NO. 14512 AND NEGATIVE DECLARATION: OWNER: CONESTOGA PARTNERS, 1240 South Walnut Street, Anaheim, CA AGENT: PHIL SCHWARTZE, 27132-B Paseo Espada, Suite 1222, San Juan Capistrano, CA 92675 LOCATION: 1240 South Walnut Street. Property is approximately 6.4 acres located on the south side of Ball Road and the east side of Walnut Street. Waivers of lot required frontage and required structural setback to permit a 5-lot condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4130 GRANTED (PC91-73) Negative Declaration APPROVED. NOTE: At the meeting of June 11, 1991, the City Council took no action on Tentative Tract Map No. 14512. B3. 179: CONDITIONAL USE PERMIT NO. 3416 AND NEGATIVE DECLARATION: OWNER: ROGER NIGOGOSYAN, 8235 Zitola Terrace, Playa Del Rey, CA 90293. AGENT: KENNETH DINSMORE, 16892 Green Street, #1, Huntington Beach, CA 92649. 405 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. LOCATION: 1895 West Katella Avenue. Property is approximately 0.45 acre located at the northeast corner of Katella Avenue and Nutwood Street. To permit on-premise sale and consumption of beer in a pool hall. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN. B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3417 AND NEGATIVE DECLARATION: OWNER: A. G. CASSIS, 413 Sharon Road, Arcadia, CA 91007 AGENT: Sim Hoffman, M.D., 585 South Knott Street, Anaheim, CA 92804. LOCATION: 545-595 South Knott Street. Property is approximately 0.68 acre located at the northwest corner of Knott Street and Orange Avenue. To permit a temporary medical office trailer at an existing medical complex (commercial center) with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3417 APPROVED (PC91-74). Waiver of code requirement GRANTED. Approved Negative Declaration. B5. RECLASSIFICATION NO. 90-91-27r CONDITIONAL USE PERMIT NO. 3418~ TENTATIVE PARCEL MAP NO. 91-118 AND NEGATIVE DECLARATION: OWNER: BUGANKO, A California General Partnership, 3855 East La Palma Avenue, Suite 101, Anaheim, CA 92807 AGENT: CHARISMA GROUP, A California Corporation, 3855 East La Palma Avenue, Suite 101, Anaheim, CA 92807 LOCATION: Property is approximately 0.142 acre located on the west side of Bubach Street and approximately 730 feet north of the centerline of Orangethorpe Avenue. Reclassification No. 90-91-27: to reclassify 2,250 square foot portion of subject property from RS-A-43,000(0) (Residential, Agricultural (Oil, Production Overlay)) zone to the RS-5,000(0) (Residential, Single-Family (Oil Production Overlay)) or a less intense zone to correspond with the RS-5000(0) zoning for the remainder of the subject parcel. Conditional Use Permit No. 3418: to permit a dwelling in a designated Floodplain Overlay Zone. Tentative Parcel Map no. 91-118: To establish a l-lot subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-27 GRANTED (PC91-75) Conditional Use Permit No. 3418 GRANTED (PC91-76) 406 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. Approved Negative Declaration. NOTE: At the meeting of June 11, 1991 no action was taken by the City Council on Tentative Parcel Map No. 91-118. B6. 179: B7. 179: VARIANCE NO. 4131 AND NEGATIVE DECLARATION: OWNER: R. H. FIELD, P. O. Box 8, Anaheim, CA 92815 AGENT: S. G. TOTH, 200 South Norman Avenue, Fullerton, CA 92631 LOCATION: 125 East Ellsworth Street. Property is approximately 0.13 acre located at the northwest corner of Ellsworth Avenue and Claudina Street. Waivers of minimum structural setback, minimum yard required, minimum recreational leisure area, permitted encroachments, and required vehicle access to construct a second dwelling unit. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4131 DENIED (PC91-77) Approved Negative Declaration. CONDITIONAL USE PERMIT NO. 3318 AND NEGATIVE DECLARATION: OWNER: PHAN NHUBUI, 14141 Riverton, Westminster, CA 92683 AGENT: TUE TONG, 14141 Riverton, Westminster, CA 92683 LOCATION: 3203 West Ball Road. Property is approximately 0.21 acre located at the northwest corner of Ball Road and Western Avenue. Amendment to conditions of approval pertaining to a limitation of uses. To permit a real estate office in conjunction with a beauty salon. Annika Santalahti, Zoning Administrator, answered questions posed by Council Members Pickler and Daly. Following a brief discussion with staff, a review of the Planning Commission's decision was requested by Council Members Pickler and Daly. B8. 179: VARIANCE NO. 3631 AND NEGATIVE DECLARATION: OWNER: KENSKI PROPERTIES, 3001 Redhill Avenue, Building 5, Suite 201, costa Mesa, CA 92626 LOCATION: Z405-2415 West Lincoln Avenu.e. Property is approximately 1.1 acres located north and west of the northwest corner of Lincoln Avenue and Gilbert Street. An amendment to the conditions of approval pertaining to fast-food facilities with waiver of minimum number of parking spaces to establish an additional 1,056 square feet of fast food uses. 407 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 3631 DENIED (PC91-79) Approved Negative Declaration. A letter of appeal was filed by the owner, and a public hearing will be scheduled for a future date. ITEM B9 FROM THE PLANNING COMMISSION MEETING OF JUNE 17, 1991 - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 27, 1991: B9. 170: THE SUMMIT OF ANAHEIM HILLS (SP88-2) DEVELOPMENT AREA 104 REQUESTS REVIEW AND APPROVAL OF SUBSTANTIAL CONFORMANCE WITH PREVIOUSLY APPROVED PRECISE PLANS FOR VESTING TENTATIVE TRACT MAP NO. 14190: The Baldwin Company requests review and approval of substantial conformance with previously approved precise plans for Vesting Tentative Tract Map No. 14190. Property consists of approximately 8.62 acres generally bounded by The Summit of Anaheim Hills Development Area 103 to the northwest, The Summit of Anaheim Hills Development Area 202 to the northeast, The Summit of Anaheim Hills Development Area 201 to the east and The Summit of Anaheim Hills Development Area 104 to the southwest and further described as Vesting Tentative Tract Map No. 14190 within the Development Area 104 of The Summit of Anaheim Hills Specific Plan (SP88-2). ACTION TAKEN BY THE PLANNING COMMISSION: Approved substantial conformance with previously approved precise plans for Vesting Tentative Tract Map No. 14190. End of the Planning Commission Items. B10. 179: ORDINANCE NO. 5240 - ADOPTION: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5240) Council Member Pickler moved to waive the reading in full of the ordinance. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Council Member Pickler offered Ordinance No. 5240 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5240: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 90-91-01, located at 1575 West Katella, from the CL zone to the RM-2400 zone.) 408 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle. None Hunter The Mayor Pro Tem declared Ordinance No. 5240 duly passed and adopted. ITEM Bll FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 13~ 1991 - DECISION DATE: JUNE 20, 1991 - INFORMATION ONLY - APPEAL PERIOD ENDS JULY 5, 1991: Bll. 179: CONDITIONAL USE PERMIT NO. 3422r CATEGORICALLY EXEMPT~ CLASS 23: OWNER: DENNIS SCIOTTO , 9414 Twin Trails Drive, #202, San Diego, CA 92129 AGENT: JOSEPH MESSINA, 1339 North East, Anaheim, CA 92805 LOCATION: 1339 North East Street. Property is approximately .86 acre located near the northwest corner of East Street and Kenwood Avenue. Waiver of minimum required parking spaces to permit on-sale alcoholic beverages in an existing restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Conditional Use Permit No. 3422 APPROVED, (modified conditions). End of the Zoning Administrator Items. Cl. ITEMS OF PUBLIC INTEREST: 150: Tod Terpening, 1618 South Humor Drive, Anaheim, President of Loara Little League. He is present to request a change in policy regarding the use of City Baseball Fields on Mondays. Chris Jarvi, Director of Parks and Recreation is doing an excellent job with the youth organizations in the Anaheim area. The City has three of the nicest baseball fields in southern California - Boysen Park, Glover Stadium and Brookhurst. Starting July 5 through July 25, 1991, the District All Star Tournament is taking place with all the games scheduled at Boysen Park except Monday, July 8 and 15. The City policy is that Mondays are field maintenance days. The only location they are able to obtain for those two days is a field in Garden Grove where the playing surface is unsafe and the location lacks important amenities such as rest rooms or bleachers. He would appreciate any consideration the Council might give' that will enable those two games to be played at Boysen Park. MOTION: Council Member Pickler stated he has long been involved with Little League up through Babe Ruth League. He moved that the Council approve the request and release Boysen Park for Monday, July 8 and July 15 409 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. so that the Little League Championship Tournament can be played on those evenings. Council Member Ehrle seconded the motion for the purpose of discussion. Council Member Daly. He tends to agree but would like to hear from staff relative to any impacts the decision might have on setting a precedent. He would rather that the Council not get into the same position every summer but that the Department have a blanket policy. Mark Deven, Recreation Supervisor. The Department's decision was based on their maintenance requirements for baseball fields in order to keep them playable and safe. For years no games have been scheduled at all on Mondays. Their strict maintenance schedule keeps the fields to their highest quality. It was a difficult decision. They are concerned about the message it would send to organizations across the City who are familiar with their strict policy. This is the first request for use of the fields on Mondays in the last couple of years based on the fact that the Department has been consistent in not allowing Monday use. Council Member Ehrle. He feels there are exceptions. If the request related to a regular League game or something of that nature, it would not qualify. This is a championship series and he does not feel it would be too much to ask for those two games to be played on two Monday evenings. He asked Mr. Terpening if any funds were available in case the City would have to bring in an extra crew to take care of the field - would Little League then be able to reimburse the City any costs. Mr. Terpening answered if they were reasonable costs he was sure they could. Mayor Pro Tem Ehrle. He asked Mr. Deven if he had thought about that. Mark Deven. They would charge normal field preparation costs which he believes are reasonable. They either charge no fees or direct cost recovery. They will make sure the fees are reasonable if they have to charge anything. Council Member Pickler. He feels this request is warranted and it is an exception. He would have to take a second look if the Department becomes inundated with similar requests. A vote was then taken on the foregoing motion to allow the two games to be played on Monday, July 8th and July 15th. Council Member Hunter was absent. MOTION CARRIED. D1. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3353 AND MITIGATED NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, C/O R. ZUR SCHMIEDE, 300 South Anaheim Boulevard, Suite 900, Anaheim, CA 92805 LOCATION/REQUEST: The property is approximately 14.54 acres 410 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. located on the south side of Sanderson Avenue and approximately 400 feet south and west of the centerline of Auto Center Drive. Conditional Use Permit No. 3353: Portion B: (northeasterly 8.15 acres) to permit a German Social Club (Phoenix Club) with a restaurant with on-premise sale and consumption of alcoholic beverages, semi-enclosed restaurant with on-premise sale and consumption of alcoholic beverages, a dance and assembly hall, a picnic area, an air rifle and archery shooting area, a manager's living quarters (to include musician living quarters), a private school, amusement rides, a beer garden area, a gift shop area, a soccer field, a 50 foot high maypole and 5 storage containers, with waiver of minimum number of parking spaces and maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3353 GRANTED (PC91-56) Waiver of code requirement APPROVED - adding parking agreement prior to building permits. Approved Mitigated Negative Declaration. HEARING SET ON: A letter of appeal was submitted by Newport Federal, Peter Paul Mendel, Esquire, General Counsel and public hearing scheduled and continued from the meeting of June 18, 1991 to this date. The public hearing portion of the hearing was closed on June 18, 1991. City Attorney White. The Council has before it tonight for consideration and in connection with this matter several documents, some of which were received at the preceding meeting on June 18, 1991. They are - the City staff report (see staff report to the Planning Commission dated May 6, 1991), the record of the Planning Commission proceedings and a letter from Newport Federal dated June 18, 1991, all of which were presented to the Council at the June 18, 1991 meeting. Since that time, several additional documents have been received. Also in front of the Council tonight, and part of the record of this proceedings - a letter from Newport Federal dated June 19, 1991 with an attachment, responses that were prepared at the direction of City staff to the Newport Federal letter of June 18, 1991 that have been provided by PBR dated June 21, 1991, additional responses to the Newport Federal letter prepared by Greer and Company dated June 24, 1991 and a draft resolution and mitigation monitoring program in connection with the project for Council consideration this evening. 411 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. As indicated by the City Clerk and as the Council will recall, the hearing on this matter was opened and closed at the last Council meeting and continued for the sole purpose of allowing staff to submit responses to the environmental concerns raised in connection with a letter submitted in opposition to the project. The Council has also received and has before it tonight as part of the record a letter from Newport Federal dated June 19, 1991 which requests an opportunity for Newport Federal to respond to the City's responses that, in his opinion, would not be appropriate at this time. He reiterated the hearing has been closed and the sole purpose of tonight's proceedings is to incorporate the City's responses to the initial concerns indicated by the opposition and to take action on the matter. Lisa Stipkovich, Executive Director of Community Development, Rob Zur Schmiede, Property Services Manager and John McClendon are present to provide additional information to the Council if they so desire. Lisa Stipkovich. The City Attorney covered most of the issues. Staff and the consultants have reviewed and spent a tremendous amount of time reviewing the issues. The responses that have been previously submitted City staff believes adequately address all of the concerns raised in the previous letter by Newport Federal. She asked if John McClendon had any other comments. John McClendon. In looking over the responses prepared by staff and the City's consultants, as noted from the responses, they reference each environmental issue raised by Newport Federal and discuss and analyze those issues and point where the discussion is also analyzed as to those issues in the expanded initial study. It is staff's view that all environmental impacts have been mitigated to the level of insignificance prior to project approval. The resolution before the Council increases the number of conditions and mitigation measures proposed by the Planning Commission from 17 to 25. Briefly those are the expansion of Conditions i and 2, the modification of Condition 6 as requested by staff at the public hearing last week and the addition of the second sentence in Condition 11 and the addition of Condition 11 mitigation measures 16 through 21. These are added in order to have the resolution track and impose upon the Phoenix Club the mitigation measures which were called out specifically in the expanded initial study. 412 City Hall, Anaheim, California-COUNCIL MINUTES - June 25, 1991, 5:00 P.M. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: Council Member Daly moved to approve a Mitigated Negative Declaration and adopt the Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the project, with the mitigation measures incorporated therein, will not have a significant effect on the environment. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-214) Council Member Daly moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Council Member Daly offered Resolution No. 91R-214 for adoption, granting Conditional Use Permit No. 3353 subject to City Planning Commission Conditions. Refer to Resolution Book. RESOLUTION NO. 91R-214: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3353 AND MAKING ENVIRONMENTAL FINDINGS RELATING THERETO. Roll Call Vote: AYES: COUNCIL MEMBERS: Simpson, Daly and Ehrle. NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: Hunter The Mayor Pro Tem declared Resolution No. 91R-214 duly passed and adopted. 114. WORKSHOP - GROWTH MANAGEMENT PLAN: Council Member Daly. He would like to ask staff to consider scheduling a future workshop on the City's Growth Management Plan. There are a number of requirements that will soon be upon the City from the Air Quality Management District and the County in the area of growth management. Meanwhile the City has its own plan which is being designed. He asked that staff schedule a brief workshop to give the Council an update on the Growth Management Plan at a future date. ADJOURNMENT: Council Member Ehrle moved to adjourn. Council Meraber Daly seconded the motion. Council Member Hunter was absent. MOTION CARRIED. (6:25 p.m.) The next City Council meeting is scheduled for July 9, 1991. LEONORA N. SOHL, CITY CLERK 413