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1991/12/03City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. PRESENT: ABSENTs PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:55 p.m. on November 27, 1991 at the Civic Center kiosk, containing all items. 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. City of Anaheim vs. Admiral Insurance Company et al., Orange County Superior Court Case No. 53-16-60. Amaral et al. vs. City of Anaheim, Orange County Superior Court Case No. 51-06-53. Samis et al. vs. City of Anaheim, Orange County Superior Court Case No. 63-70-77. City of Anaheim vs. Ertzen, et al. SCV# 24-64-02. 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 meet with the City's designated negotiator concerning possible lease of real property owned by the City, located at 800 W. Katella Avenue to the Community Center Authority. 791 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. f. To meet with the City's designated negotiator concerning possible acquisition or sale of certain real property in the vicinity of 1313 South Harbor Boulevard owned by Walt Disney Co. g. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (3:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:35 p.m.) INVOCATION: Pastor Jarrell Garsee, Anaheim First Nazarene, gave the invocation. FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - ANAHEIM HALLOWEEN FESTIVAL COMMITTEE: Chris Jarvi, Director of Parks, Recreation and Community Services introduced the members of the 1991 Halloween Festival Committee and recommended to the Council that there be recognition for the 1991 Halloween Festival Committee for their outstanding service to the community: Festival Chairman, Arlene Taormina-Ready; First Vice President, Andrea Manas; Second Vice President, Fred Brown; Third Vice President, Earline Jones; Fourth Vice President, Mike Sofia; Treasurer, Vance Ready; Secretary, Reon Boydstun Young; Historian, Bev Fast; Parking Chairman, Todd Ament; Poster Art Chairman, Genevieve Bennett; By-Laws Committee, Charlotte Brady and Frank Feldhaus; Parade Committee, Orlo Fast; Disneyland Support, Jim Vuger; Parade Chairman, Rick Horn; Pancake Breakfast Chairman, Terry Inns; Representing Phil Aguilar (Set Free Church) in cleanup and entertainment, Louis Trader. Terry Lowe, Parks, Recreation and Community Services Department, Recreation Services Manager. Presented each of the members of the committee with a certificate of recognition and appreciation for their excellent work and dedicated effort to make the 1991 Halloween Festival and Parade, the 68th Festival, a success. Mayor Hunter and Council Members personally congratulated and commended each of the committee members. Arlene Taormina-Ready stated that many of the committee members, dedicated volunteers, had worked on the annual festivals for the past 15 to 20 years. On behalf of the Board of Directors, she thanked the members of the Council and staff for honoring the committee this evening. She also thanked the Parks and Recreation Department for giving their continued support and guidance as well as all those individuals, groups, and organizations that contributed to making Anaheim Halloween Festivals a success. After 68 years, it is sad to know that the festival has seen its last days. It is a chapter in Anaheim history that is closing, but it is not the end of the book because there are so many other 792 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. worthwhile community events to participate in. The Board and Committee are proud to be a part of the community and will continue to serve it and support it in anyway they can. PRESENTATION - ANTI-GRAFFITI AWARD: Mayor Hunter first read from a newspaper article which explained that ten-year old Joel Perez when walking home from school in September spotted several men spray painting graffiti on a wall. This made him so angry that he ran home and called the Police who arrived in time to arrest the vandals. Because of that action, Joel is being presented tonight with a check for $500 which is the first juvenile reward to be given under the City's two-year old graffiti removal program. Mayor Hunter and Council Members personally congratulated Joel who was accompanied by his mother. Members of the audience joined in applauding the youngster for his courage and commitment in helping to wipe out graffiti in Anaheim. Joel expressed the concern he felt when he saw the church wall being defaced. He also urged other kids not to be afraid to speak up if they see the same thing taking place. 119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: Nepcon Week in Anaheim, February 24-28, 1992 MINUTES: Council Member Simpson moved to approve the minutes of the regular meeting held November 5, 1991 and adjourned regular meeting of November 5, 1991 held November 8, 1991. Council Member Ehrle seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,012,934.47 for the period ending November 22, 1991 and $4,281,378.39 for the period ending November 27, 1991, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:58 p.m.) Mayor Hunter reconvened the City Council meeting. (6:00 p.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Daly, 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-324 and 91R-325 for adoption and Ordinance No. 5274 for adoption. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS/ORDINANCE: The titles of the following resolutions and ordinance were read by the City Manager. (Resolution Nos. 91R-324 and 91R-325 and Ordinance No. 5274.) 793 City Hallf Anaheim, California - COUNCIL MINUTES - DECEMBER 3t 1991t 5=00 P.M. Council Member Pickler moved to waive the reading in full of the resolutions and ordinance. Council Member Daly seconded the motion. MOTION CARRIED. Al. 118= The following claims were filed against the City and action taken as recommended= Claims rejected and referred to Risk Management= a. Claim submitted by Robert G. and Lori A. Arneal for property damage purportedly due to actions of the City on or about August 28, 1991. b. Claim submitted by Sherry Swift for bodily injury sustained purportedly due to actions of the City on or about June 21, 1991 and October 8, 1991. c. Claim submitted by Ken Spangle for property damage sustained purportedly due to actions of the City on or about August 5, 1991. d. Claim submitted by Ken Spangle for property damage sustained purportedly due to actions of the City on or about August 5, 1991. e. Claim submitted by Southern California Gas Co. for property damage sustained purportedly due to actions of the City on or about August 12, 1991. f. Claim submitted by Katheryn R. Winn for bodily injury sustained purportedly due to actions of the City on or about June 23, 1991. g. Claim submitted by Donna Thompson for property damage sustained purportedly due to actions of the City on or about October 26, 1991. h. Claim submitted by Restaurant Mito, Inc. for property damage sustained purportedly due to actions of the City on or about November 3, 1991. i. Claim submitted by Sargio Rene N. Salazar and Brian Garcia for bodily injuries sustained purportedly due to actions of the City on or about October 21, 1991. j. Claim submitted by Em.kay Development Company and Morrison-Knudsen Company, Inc. for indemnity sustained purportedly due to actions of the City on or about September 20, 1991 and September 12, 1991 respectively. k. Claim submitted by Matthew Honos for bodily injury sustained purportedly due to actions of the City on or about July 3, 1991. 1. Claim submitted by Raymond T. Matsumoto for property damage sustained purportedly due to actions of the City on or about October 18, 1991. m. Claim submitted by Nancy Bennett for bodily injury sustained purportedly due to actions of the City on or about October 4, 1991. n. Claim submitted by Kara K. Spoon for property damage sustained purportedly due to actions of the City on or about October 7, 1991. 794 City Hall~ Anaheim, California - COUNCIL MINUTES - DECEMBER 3r 1991, 5:00 P.M. o. Claim submitted by Pacific Bell for property damage sustained purportedly due to actions of the City on or about June 28, 1991. p. Claim submitted by Thomas Marcelino for property damage sustained purportedly due to actions of the City on or about September 20, 1991. q. Claim submitted by John J. Guzzetta for property damage sustained purportedly due to actions of the City on or about October 24, 1991. r. Claim submitted by Marilyn F. Danowski and Financial Indemnity Company for property damage sustained purportedly due to actions of the City on or about August 28, 1991. s. Claim submitted by Marilyn F. Danowski for bodily injury sustained purportedly due to actions of the City on or about August 28, 1991. t. Claim submitted by Geoffrey Benson for bodily injury sustained purportedly due to actions of the City on or about November 8 through 10, 1991. u Claim submitted by Robert Mitchell Lack for property damage sustained purportedly due to actions of the City on or about August 31, 1991. v. Claim submitted by CNA Insurance Companies for property damage sustained purportedly due to actions of the City on or about September 5, 1991. w. Claim submitted by Karen Rae Cannon for property damage sustained purportedly due to actions of the City on or about October 12, 1991. A2. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of October, 1991. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meetings held July 8, 1991, and September 9, 1991. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held August 28, 1991. 105: Receiving and filing minutes of the Public Utilities Board meeting held October 17, 1991, and their adjourned regular meeting of October 21, 1991. 105: Receiving and filing the Anaheim Public Library Monthly Statistical Report for September, 1991. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held October 23, 1991. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held October 23, 1991. 795 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. A3. 175: Approving a Notice of Completion of the construction of Water Main Improvements City Wide by Valverde Construction, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 164: Approving a Notice of Completion of the construction of Tustin Avenue Street and Storm Drain Improvements by R.J. Noble Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 164: Approving a Notice of Completion of the construction of the Katella Avenue Street and Storm Drain Improvements by R.J. Noble Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 175: Approving a Notice of Completion of the Construction of Water Well No. 49 at La Palma Pump Station by Beylik Drilling, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A7. 150: Awarding the contract to the lowest and best responsible bidder, Mel Smith Electric, Inc., in the amount of $41,143 for Chaparral Park Security Lighting, 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. A8. 123: Approving an agreement with the City of Garden Grove and the City of Stanton for the operations and maintenance of the interconnected traffic signal system along Katella Avenue from Dale Street to Douglass Road. A9. 170: Approving the final Map of Tract No. 14406 and the Subdivision Agreement with OMP, a California Limited Partnership, and authorizing the Mayor and the City Clerk to execute said agreement. Tract No. 14406 is located on the north side of Katella Avenue (west of Ninth Street). Al0. 151: Approving an Encroachment License Agreement (91-7E) with Majid Rahmani for a private storm drain to be located within an existing Public Utility easement on property located at 7588 Martella Lane. Ail. 176: RESOLUTION NO. 91R-324: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (91-10A) Al2. 144: Approving a County of Orange Arterial Highway Financing Program Project Administration Agreement (Project No. 1296, Ball Road from the Santa Ana River Bridge to Sunkist Street), and authorizing the Mayor and the City Clerk to execute said agreement. Al3. 169: Approving the Mitigated Negative Declaration and adoption of a mitigation monitoring program for critical intersection at Kraemer Boulevard/La Palma Avenue. Mr. Richard Carter, Engineer, Bryan Industrial Properties. Mr. Knudsen who was going to speak was not able to be present. The subject approval of a mitigated 796 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. negative declaration involves the EIR for the widening of the intersection of La Palma and Kraemer. He understands that the mitigation measures consist of installing street trees to take care of and replace the landscaping that will be removed by the widening. Their concern is that when the 12 feet are taken for the widening, they are going to be severely impacted in the future. The property will be left as nonconforming and allowed to operate under its present condition indefinitely. However, if there is a request for something that requires discretionary action from the City, they will be required to bring the property into conformance with current regulations which includes reinstalling landscaping which will eliminate parking in front of the buildings on two of their properties. They would like some consideration from the City stating they will not have to replace that landscaping in the future. City Attorney Jack White. If discretionary approval is involved in the future, at that time, the Planning Commission or the Council will have the right to consider whatever deviations from the code requirements will be necessary for that future approval. It is not quite accurate to say there will be a requirement to bring the property into conformance at that time. Deviation from code requirements could be requested. It is not a unique situation but happens all the time when the City obtains portions of property usually in connection with rights of way. Part of the compensation paid to the owner of the property relates to severance damages which in part results from the fact that there is a nonconformity often created between the smaller parcel and the requirements of the City's zoning code. Normally the City does not enter into special arrangements with properties but is handled through the compensation process in the eminent domain action. When a nonconformity is created, the property owner has the right in the future to seek redress in conjunction with any future plans he may have for the property. As long as the property is not changed, it can continue as is indefinitely. If it is to be changed, the owner can request whatever deviations are necessary. The Council could at their discretion not only approve the new plan but also the deviations. Richard Carter. He was aware this is the case but wanted to go on record if and when they do need to do something, they are in a position to ask for those special favors. City Attorney White. The property owner will always be able to ask but with the discretion of the City whether to approve them or not. Al4. 123: Approving the Assignment to Tokai Bank of the Architect's Agreement and the Construction Documents with regard to financing of the Anaheim Arena. Council Member Pickler voted no on this item. Al5. 123: Approving a Southern California Gas Company Relocation Agreement to provide Southern California Edison with a 25-foot easement in Douglass Road and on the Anaheim Arena site. Authorizing the Mayor and City Clerk to execute the Indemnification Agreement and the Collectible Work Authorization. Council Member Pickler voted no on this item. 797 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3. 1991. 5:00 P.M. Al6. 123: Approving the First Amendment to Agreement with STE Associates, Inc., increasing the per annum not to exceed value from $200,000 to $350,000 for testing, inspection, and consulting services for Capital Improvement Projects. Al7. 106: Amending the RAP to increase the Public Works-Engineering budget, in the amount of $19,700 for FY1991/92, and authorizing payment to the County Sanitation Districts of Orange County for a change order to their contract for the Katella Relief Trunk Sewer Project. A18. 160: Accepting the bid of Scott Engineering, in the amount of $45,781 for one each 15KV padmounted metal enclosed capacitor bank for Fairmont Substation, in accordance with Bid ~4984. A19. 123: Approving an Extension of Agreement with Edward Dietrich, dba Precision Rotor Company, for police helicopter maintenance beginning December 18, 1991, through December 17, 1992. A20. 123: Authorizing the Mayor to execute an amendment to the escrow instructions for purchase of the Phoenix Club/Rancho Del Rio relocation sites. Council Member Pickler voted no. A21. 170: Authorizing the Mayor and City Clerk to execute Lot Line Adjustment Plat No. 270 and all other documents required to record the plat. (Phoenix Club relocation site.) Council Member Pickler voted no. A22. 123: Approving a Memorandum of Lease Extension for space occupied by the Job Training Program in the Bank of America Tower, for ten months beginning December 1, 1991, and expiring September 30, 1992, with two 30-day options with the Cal America Capital Corporation at $3,482.90 for the monthly rental and $3,622.22 for the option period. A23. 140: Authorizing the Library Department to apply for Public Library Fund monies and receive funds in the amount of $104,464; and amending the Library Resource Allocation Plan by decreasing the revenue account 17-3132 and expenditure account 17-173-5125 by $50,536. A24. 140: Authorizing the Library Director to apply for and receive funds, in the amount of $22,146 from the Major Urban Resources Library (MURL) Funding Program. A25. 140: Amending the FY 1991/92 RAP by increasing revenues in account 81-3192 and expenditures in account 81-173-5125 by $10,000 each to implement a Library gift fund. A26. 113: RESOLUTION NO. 91R-325: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN 100 DAYS OLD. (Erasure of voice recording tapes #226 through ~283, and #300 through ~333 - Utilities Department, Systems Operations Division.) 798 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. A27. 127: Authorizing an appropriation of $25,000 from Council Contingency Fund, and $70,000 from Future Appropriations be transferred to 01-133 to pay Invoice No. 098916 received from the County of Orange Controller's Office on November 1, 1991, for the special election held March 5, 1991 or other funding arrangements as recommended by the City Manager. A28. 149: ORDINANCE NO. 5274 - (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 14.32.135 TO CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO A FIFTEEN-MINUTE PARKING LIMITATION (south Citron Street, on the west side, from Chestnut Street north to 100 feet north of Chestnut Street). A29. 123: Approving the License Agreement with Southern California Edison (SCE) for the joint occupancy of the transmission line on Atchison Street between Sycamore Street and La Palma Avenue, at the rate of $3,240 per month. Roll Call Vote on Resolution Nos. 91R-324 and 91R-325: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None The Mayor declared Resolution Nos. 91R-324 and 91R-325 duly passed and adopted. Roll Call Vote on Ordinance No. 5274: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5274 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. ITEMS B1 - B8 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 14, 1991 - DECISION DATE: NOVEMBER 21, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 6, 1991: B1. 179: VARIANCE NO. 4149 AND NEGATIVE DECLARATION: OWNER: JOHN G. PRENTICE, 1815 Port Renwick Place, Newport Beach, CA 92660. AGENT: MOHLER CORPORATION, 1010 E. Chestnut Avenue, Santa Ana, CA 92701. LOCATION: 2940/2950 Frontera Street. Property is approximately 1.02 acres located on the south side of Frontera Street approximately 750 feet east of the centerline of Park Vista Street. Waiver of minimum distance between drill sites and dwellings to construct a 26 unit apartment complex. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4149 APPROVED, with modification to conditions (ZA91-43). Approved Negative Declaration. 799 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. B2. 179: VARIANCE NO. 4146 AND NEGATIVE DECLARATION: OWNER: DONALD WRIGHT, 3431 E. La Palma Avenue, Anaheim, CA 92806. LOCATION: 3431 E. La Palma Avenue. Property is approximately .96 acre located on the northeast corner of La Palma Avenue and Cosby Way. Waiver of minimum number of parking spaces to construct a 877 square feet mezzanine in an existing 18,442 square foot industrial building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4146 APPROVED (ZA91-44). Approved Negative Declaration. B3. 179: VARIANCE NO. 4151 AND NEGATIVE DECLARATION, TENTATIVE PARCEL MAP NO. 91-182: B4. B5. OWNER: DOROTHY LILLIAN BRUNSON, 1840 41st. Avenue, Suites 102-204, Capitola, CA 95010. AGENT: STEPHEN W. BRADFORD AND ASSOCIATES, 128 S. Bradford Avenue, Placentia, CA 92670. LOCATION: 2970 W. Lincoln Avenue. Property is approximately 5.11 acres located at the southeast corner of Lincoln Avenue and Beach Boulevard. Waiver of minimum number of parking spaces to establish a 4-lot, commercial subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4151 APPROVED modification to conditions (letter to Planning Commission recommending Reclassification of property) (ZA91-51). Approved Tentative Parcel Map No. 91-182 (ZA91-45). NOTE: Tentative Parcel Map has a 10-day appeal period (expires December 2, 1991). Approved Negative Declaration. 179: VARIANCE NO. 4153, CATEGORICALLY EXEMPT, CLASS 5: OWNER: FRANCIS & LORILEE CEDAR, 130 S. Pueblo Place, Anaheim, CA 92807. LOCATION: 130 South Pueblo Place. Property is approximately 0.17 acre located on the east side of Pueblo Place approximately 250 feet north of the centerline of Baja Drive. Waiver of front yard setback to construct a 400 square-foot addition to an existing 1,333 square foot single-family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4153 APPROVED (ZA91-46). 179: VARIANCE NO. 4154, CATEGORICALLY EXEMPT, CLASS 5: OWNER: JAY O. LEE AND CLARA Y. LEE, 306 N. State College Blvd., Anaheim, CA 29806. LOCATION: 306 North State College Boulevard. Property is approximately 0.14 acre located on the east side of State College Boulevard approximately 1,310 feet south of the centerline of La Palma Avenue. Waiver of minimum number of parking spaces to construct a 927 square foot office addition. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4154 APPROVED (ZA91-47). 8O0 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. E6. 179: ARCADE PERMIT NO. 1010: REQUESTED BY: Fiesta Arcade, 1440 South Anaheim Boulevard, #H-8, Anaheim, CA 92804. LOCATION: 1440 South Anaheim Boulevard To permit 25 amusement devices. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Arcade Permit No. 1010 APPROVED (ZA91-48). NOTE: Arcade Permit has a 10-day appeal period (expires December 2, 1991). Council Member Daly. The applicant is asking for amusement devices which he believes are video games. He was opposed to the use of the site as an in-door swap meet and he is concerned that the trend on the property is away from what is best for the area. He would suggest that this particular permit be scheduled for a public hearing; Council Member Pickler concurred. This item will, therefore, be set for a public hearing at a later date. B7. 179: ADMINISTRATIVE ADJUSTMENT NO. 0064, CATEGORICALLY EXEMPT, CLASS 5: REQUESTED BY: Vincent D. Pagaza, 4322 La Cuesta Circle, Yorba Linda, CA 92686. LOCATION: 3474-A East Orangethorpe. To establish a 1,980 square foot gourmet coffee shop with waiver of minimum number of parking space (185 spaces required; 181 spaces proposed). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0064 APPROVED (ZA91-49). B8. 179: ADMINISTRATIVE ADJUSTMENT NO. 0065, CATEGORICALLY EXEMPT, CLASS 5: REQUESTED BY: Roberto Rodriquez, 1756 North Partridge Street, Anaheim, CA 92806. LOCATION: 1300 S. Euclid Street ~C. To permit a restaurant with waiver of minimum number of parking spaces (65 required; 60 proposed). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0065 APPROVED (ZA91-50). End of the Zoning Administrator Items. B9./B10./Bll. 179: ORDINANCE NOS. 5275 THROUGH 5277, BOTH INCLUSIVE, FOR INTRODUCTION: Council Member Ehrle offered Ordinance No. 5275 for first reading, amending Title 18 to rezone property under Reclassification No. 89-90-34, located at 625 N. Valley Street (Brookhollow Apartments) from the RS-A-43,000 zone to the RM-1200 zone; Ordinance No. 5276 for first reading, amending Title 18 to rezone property under Reclassification No. 91-92-04, located at 155 S. Adams Street, from the RS-A-43,000 zone to the ML zone and offered Ordinance No. 5277 for first reading, amending Title 18 to rezone property under Reclassification No. 90-91-30, located at 711 E. Sycamore Street, from the RS-A-43,000 zone to the ML zone. Refer to Ordinance Book. ORDINANCE NO. 5275: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 89-90-34, located at 625 N. Valley Street-Brookhollow Apartments from the RS-A-43,000 zone to the RM-1200 zone.) 801 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. ORDINANCE NO. 5276: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 91-92-04, located at 155 S. Adams Street, from the RS-A-43,000 zone to the ML zone.) ORDINANCE NO. 5277: 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. 90-91-30, located at 711 E. Sycamore Street, from the RS-A-43,000 zone to the ML zone.) ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. D1. 155: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 280 (PREVIOUSLY CERTIFIED), AMENDMENT NO. 2 TO PACIFICENTER ANAHEIM, SPECIFIC PLAN (SP88-3}: OWNERS: CATELLUS DEVELOPMENT CORP., 1065 Pacificenter Dr., #200, Anaheim, CA 92806. AGENT: PHILLIP R. SCHWAHTZE (The PRS GROUP) 27132-B Paseo Espada, ~1222, San Juan Capistrano, CA 92675. LOCATION: PACIFICENTER ANAHEIM. Property is approximately 26 acres located at the southwest corner of La Palma Avenue and Tustin Avenue. Petitioner requests amendment to Pacificenter Anaheim Specific Plan (SP88-3) to permit additional service-related commercial and office uses in the Specific Plan Area and to amend the Master Sign Program. ACTION TAKEN BY THE PLANNING COMMISSION: Amendment No. 2 to Pacificenter Anaheim Specific Plan (SP88-3) APPROVED, IN PART. Uses APPROVED (PC91-171) (3 yes votes, 1 no vote, i absent, and 2 conflicts of interest); Pole sign DENIED (PC91-172) (3 yes votes, 1 no vote, i absent, and 2 conflicts of interest); and fast food restaurant sign DENIED (PC91-173) (4 yes votes, i absent, and 2 conflict of interest). Approved previously certified EIR NO. 280. Informational item at the meeting of November 19, 1991, Item Bi. HEARING SET ON: Necessitated by amendment to the specific plan. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - November 21, 1991 Mailing to property owners within 300 feet - November 21, 1991 Posting of property - November 22, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 4, 1991. APPLICANT'S STATEMENT: Phillip Schwartze, PRS Group, Representing Catellus Development. The Council has previously approved the specific plan for the project. The buildings are now on site. Their most recent request was to eliminate many of the items they had as individual conditional use permits. The uses issue was approved unanimously by the Redevelopment Commission and the Planning Commission. The other part of the request was development of their master sign 802 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. program which was also approved by the Redevelopment and Planning Commissions with one exception - the major tenant identification sign which is an important item. At the corner of Tustin and La Palma, there is an over-freeway crossing and there is a need for identification at that location. Copies of a graphic have been submitted to the Council. The developer has been working with the Redevelopment Agency, Redevelopment Department and Traffic and there is a plan they hope to bring to the Council in the next review of the specific plan for the location of a commuter rail station at this location to service the entire northeast industrial area. They strongly believe because of the proposed train station and people coming and going they need the ability to clearly identify the location. Their request is to have the major tenants sign approved. This evening the Council is also going to hear from Carl's Jr. Restaurant requesting a freestanding sign. Carl's owns their property which is controlled by Catellus Development C.C. & R's. City Attorney White clarified for Council Member Pickler that the Council is only taking one action - amending the specific plan. It is the first reading of an ordinance that will accomplish Amendment No. 2 to Specific Plan No. 88-3. The Council can incorporate both items - the tenant identification sign and the request by Carl's Jr. for a freestanding sign. At the time the ordinance is offered, it should be indicated if both items are to be included or just one. Mr. Schwartze, then clarified for Council Members that the request is for one sign only to be located where it will identify the project towards the freeway. The sign identifies the site as PacifiCenter, identifies the major corporate headquarters of Catellus, a major hotel, plus the train station. The overall master sign program for the entire site was approved unanimously by the Planning Commission. They split their vote on the pole sign and separate and aside from that is the issue of the sign for Carl's Jr. Mayor Hunter. Basically, the issue involves a freestanding sign for the project and a monument sign for Carl's Jr. on La Palma which are two separate issues; Mr. Schwartze confirmed that was correct. John Baker, Carl Karcher Enterprises, 1200 N. Harbor Boulevard. It is their understanding this is one application. The sign for Carl's Jr. is not separate from the application for the specific plan amendment nor from the freeway sign. There was another application which Carl's Jr. did not bring to the City Council for a monument sign. The sign was somehow delineated from the specific plan and, therefore, the sign criteria but it was the understanding of Carl's Jr. from the outset that the sign was a part of the plan. When they met with Planning staff on April 30, 1991, they asked about the process to obtain the sign and were 8O3 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. told it would be a sign criteria amendment and not a variance. They were given forms but for a variance and were told not to be concerned because it would be handled as sign criteria. The first staff report for the Planning Commission hearing presented their application as a variance. The Planning Commission on June 3, 1991 without voting on the issue stated they did not have a problem with the application but with its presentation, that being a variance and instead they would like to see a sign criteria change. Carl's Jr. then presented their request to the Redevelopment Commission and Redevelopment staff and obtained approval to move forward and in the format they asked - a specific plan amendment with a sign criteria change. The outcome at the last Planning Commission hearing was denial by the Commission because they did not want to set a precedent by approving a variance. Carl's Jr. was very concerned with the way the matter was handled for the past nine months and they do not believe it was fair. Mr. Baker explained that signage is a critical part of the mix for success for a fast-food restaurant. The industry is suffering under the current economic situation. They are the only tenant on the property having fee title to the property. They paid i million dollars for the property and the sign was understood to be a part of the package when they purchased it. The sign is consistent with what is in the area for other restaurant uses. (As part of his presentation, Mr. Baker submitted a booklet entitled, Carl Karcher Enterprises Inc., Carl's Jr. Monument Sign Proposal at Tustin and La Palma, Anaheim California, which he briefed.) Council Member Pickler. He travels the subject location often. He does not feel the requested sign would prove to be very visible. He feels they are inundating the area with too many signs. Mr. Baker then further explained their reason for wanting the sign, the value of signage in and above the value of visibility, the importance of corporate identity, etc. It is by sight of the corporate identity (the Carl's Jr. star/logo) where the sale takes place and not at the cash register. Forty-eight percent (48%) of their business in Orange County is drive through. Of that, 85% is impulse buying. The corporate identity connection made by free-standing signage is an integral part to making that store more successful. They do not have any freestanding signs at this time. The market place is at Tustin and with the current identity they have, they are not addressing Tustin Avenue. The logo which is the part that is most impactful is street side and is the leading edge of the sign. Their is much more impact with the freestanding sign then with the building signs. Council Member Pickler asked if there were any other restaurants that could come back and ask for the same kind of sign as Carl's Jr. 804 City Hallt Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991t 5:00 P.M. Joel Fick, Planning Director. There is a restaurant pad on Tustin Avenue which Mr. Shwartze referred to. There was discussion of incorporating a sign request for that restaurant as well but that was withdrawn during the process by Catellus. Mayor Hunter opened the public hearing and asked if anyone wished to speak; there being no response he closed the public hearing. City Attorney White. The ordinance refers to an exhibit which is the Specific Plan Document, Amendment No. 2. That amendment can be prepared or revised to either incorporate both of the signs or one of them. In offering the ordinance, it would be essential to know which one is being offered for introduction - whether the Council wishes to permit the Carl's Jr. sign or not as part of the specific plan. ENVIRONMENTAL IMPACT REPORT NO. 280 (PREVIOUSLY CERTIFIED): On motion by Council Member Hunter, seconded by Council Member Daly, the City Council finds that Environmental Impact Report No. 280 was certified by the Council on February 28, 1989 in conjunction with approval of Specific Plan No. 88-3 which address the environmental impacts and mitigation measures associated with the development and staff, having reviewed the proposed amendments and the initial study has indicated there would be no additional impact from the proposed amendments and, therefore, the City Council has determined that the subject request is in conformance with the previously approved EIR No. 280 and confirms that EIR No. 280 has previously been certified. MOTION CARRIED. Council Member Hunter offered Ordinance No. 5278 for first reading, approving Amendment No. 2 to Pacificenter Anaheim Specific Plan (SP88-3) to include both the Catellus major tenant identification sign and the Carl's Jr. Monument Sign. Refer to Ordinance Book. ORDINANCE NO. 5278: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 2 TO PACIFICENTER ANAHEIM SPECIFIC PLAN (SP88-3). City Attorney White. At the next Council meeting when the ordinance is presented for adoption, the Council will be voting on the specific plan amendment with both signs included. Council Member Pickler asked the procedure if at that time he may wish to vote for one and not the other; City Attorney White. Council Member Pickler can vote against adoption of the ordinance next week or tonight offer another ordinance that would only include the one sign. Next week, the Council will then vote on two ordinances; Council Member Pickler stated in that case he would just vote no. D2. 155: PUBLIC HEARING - AMENDMENT TO THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (87-1) AND NEGATIVE DECLARATION: OWNER: THE PRESLEY COMPANIES, Attn: Steven K. Riggs, 19 Corporate Plaza, Newport Beach, CA 92660. LOCATION: Development Area 11 of The Highlands at Anaheim Hills Specific Plan (SP87-1). 805 City Hall, Anaheimt California - COUNCIL MINUTES - DECEMBER 3t 1991, 5=00 P.M. Petitioner requests an amendment to Ordinance No. 4860 in order to amend Development Area 11 Zoning and Development Standards to permit the development of a 162-unit condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION= Amendment to The Highlands at Anaheim Hills Specific Plan (87-1) APPROVED, subject to a reduction of 72 units to the overall entitlement (PC91-177) (6 yes votes, i absent). Approved Negative Declaration. Informational item at the meeting of November 19, 1991, Item BS. HEARING SET ON= Necessitated by amendment to the specific plan. PUBLIC NOTICE REQUIREMENTS MET BY= Publication in Anaheim Bulletin - November 21, 1991 Mailing to property owners within 300 feet - November 21, 1991 Posting of property - November 22, 1991 PLANNING STAFF INPUT= See Staff Report to the Planning Commission dated November 4, 1991. APPLICANT'S STATEMENT: Steven Riggs, Representing Presley Company. The action taken by the Planning Commission is acceptable; however, he has a request regarding the 72-units that are being reduced from their overall approval. The 72-units came from Site Development Area 11 in The Highlands originally designated in the specific plan to be congregate care senior citizen housing and they are allowed to have 254-units. They have opted to sell the parcel to a buyer who wants to build condominiums and the site plan they have come up with includes 162 units. The difference between what was approved and what they would like to build in the amended zoning is 72-units. The Planning Commission asked what they were going to do with the 72-units. Presley is still doing final engineering on four or five tracts in the center of the ranch. They are going to move things around to see what they can come up with. It is their intention in the next three or four weeks to submit a new unit reconciliation map that will specifically state where the units will go and how many units they are going to reduce the original entitlement of 2,147. They do not have the exact number as yet. He is requesting that the Council approve what the Planning Commission recommended with the exception that they leave the existing allowable density on the entire ranch at 2,147. In doing so, he will promise that Presley will submit to the Planning Commission and also the Council a revised reconciliation map specifically indicating where the units would go and to state at that point the actual number of units they would like to have reduced. They have had ongoing discussions with staff on the matter. Joel Fick, Planning Director. Subsequent to the Planning Commission meeting, staff has had ongoing discussion with 806 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3r 1991, 5:00 P.M. Presley. They believe that ~he request as outlined by Mr. Riggs would be acceptable to staff and should the units not go into the apartment areas which was the concern addressed by the Planning Commission, the Planning Commission concern would also be allayed. The request for any transfer reconciliation would be reviewed by staff and if there are concerns, those could be re-presented to the Commission and Council as well. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak; there being no response he closed the public hearing. Council Member Ehrle. He supports the revised plan because today developers have a difficult time trying to make a small margin of profit. He would not like to see the elimination of 50 or 60 units especially since the area has been master planned and the specific plan does have that number already tied in to not only this project but also Mello-Roos and a number of other factors that the City is looking towards for additional income. Council Member Simpson asked for clarification that the total number remains the same; City Attorney White. The difference is, the original ordinance in front of the Council today is the Planning Commission recommendation that has a Section 2 in the ordinance that limits the number of units not to exceed 2,075 and the revised eliminates that stipulation. That is what the Council is offering, the revised ordinance. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, 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. Council Member Pickler offered Ordinance No. 5279 for first reading, approving Amendment to The Highlands at Anaheim Hills Specific Plan (87-1) which is the revised ordinance eliminating the stipulation relative to the number of units. Refer to Ordinance Book. ORDINANCE NO. 5279: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AMENDMENT TO THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (87-1). D3. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2963 AND NEGATIVE DECLARATION: REQUESTED BY: FRANK L. RHEMREV, ATTORNEY AT LAW, 856 North Ross Street, Suite 205, Santa Ana, CA 92701. LOCATION: The property is located at 3242 West Lincoln Avenue - GAMES PLUS (southeast corner of Lincoln Avenue and Westchester): The petitioner requests deletion of Condition No. 11 (Council Resolution No. 90R-451) for a non-expiring extension of time to Conditional Use permit No. 2963 which permits on-sale beer in an existing billiard parlor and amusement arcade, with waiver of minimum number of parking spaces on CL zone property. 807 City Hallf Anaheimr California - COUNCIL MINUTES - DECEMBER 3r 1991f 5:00 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - November 21, 1991 Mailing to property owners within 300 feet - November 21, 1991 Posting of property - November 22, 1991 PLANNING STAFF INPUT: See Staff Report to the City Managers/City Council dated November 21, 1991 from the Zoning Administrator Annika Santalahti. PETITIONER'S STATEMENT: Frank Rhemrev, Attorney Representing Games Plus and Mrs. Pauline Peters, the operator. The Council will recall on a yearly basis, Games Plus has requested an extension of their Conditional Use Permit. At this point, they have requested that the ritual of a yearly extension be eliminated and a permanent CUP be issued. He has just had an opportunity to review the subject staff report. He confirmed the requests are for the yearly extension required pursuant to the resolution adopted by the Council and secondly asking that that condition be eliminated. Should the Council feel it should not be eliminated, he reiterated they are still present to request the yearly extension. The staff report indicates some criminal activity. One of the reasons that a yearly CUP was issued was because of criminal activity initially. In the last three or four years there have been no problems and the reason why every time Mr. Montejano (the previous attorney representing Games Plus) has been before the Council on a yearly basis, the CUP has been extended. However, there is an indication there is criminal activity. There is only one incident he is aware of and which Mrs. Peters was not aware of and, therefore, not within her power to control. Mrs. Peters is the one who has cleaned up that particular location and there has been no criminal activity in the last three or four years. Mayor Hunter. He knows the recommendation is to deny elimination of Condition No. 11 which calls for yearly review. Joel Fick, Planning Director. The request is to eliminate the condition that would not allow the Council to review the CUP on an annual basis. Based upon complaints and problems the City has experienced, the recommendation is that the condition not be eliminated. Council Member Pickler. In addition, the recommendation is that by motion the Council schedule a public hearing to consider the possible modification or termination of Conditional Use Permit No. 2963. He would like to know staff's reasons for the recommendation. Joel Fick. At the time that hearing would be requested, staff would bring a report to the Council that would document and bring forth issues and problems that have occurred on the site. At 8O8 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. this point, staff is recommending that a hearing be set. council Member Pickler asked Code Enforcement if there had been any problems at the location; Bruce Freeman, Code Enforcement Division stated that the Police Department has had problems. City Attorney White. To clarify, the existing CUP contains a condition that requires the permit holder to periodically seek an extension if the use is going to continue in operation. The current condition under consideration tonight, Condition No. 11 of the Conditional Use Permit, currently provides that this permit will expire by its own terms on January 12, 1992 unless it is extended. The Council has three options - the option being requested by the permit holder to delete the condition entirely which would allow the CUP to remain in effect in perpetuity. Secondly, there is the back-up position of the permit holder to modify the condition and give an additional period of time for the use to continue and the third option which is the one being recommended by staff is not to do anything with that condition. If the Council denies the request to amend the condition, it will mean by its own terms the permit will expire on January 12, 1992. He needs to clarify with the Planning Department whether or not if the Council does nothing tonight if it will be necessary to schedule an additional hearing or whether simply by its own terms the use will be terminated on January 12, 1992. City Attorney White. Answering Council Member Pickler, when the Council originally granted the use permit they did so for a period of time and extended it twice. The applicant is seeking an additional extension and that is the purpose of tonights hearing. The Council is not required to amend that condition. Due process is tonight's hearing. If the permit did not have a time limit on it or if the time limit was to expire three years from now and the desire was to terminate it immediately, a hearing would have to be scheduled and held to show why it should be terminated. However, by its very terms, the permit will expire on January 12, 1992 unless tonight the Council affirmatively takes an action to allow it to be extended. 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 Hunter, seconded by Council Member Daly, 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. 809 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 3, 1991, 5:00 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-326) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-326 for adoption, denying an amendment to conditions of approval of Conditional Use Permit No. 2963 (Games Plus) thus the use will terminate on January 12, 1992. Refer to Resolution Book. RESOLUTION NO. 91R-326: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2963 AS APPROVED BY RESOLUTION NO. 88R-14, AS AMENDED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None The Mayor declared Resolution No. 91R-326 duly passed and adopted. ADJOURNMENT .- seconded the motion. MOTION CARRIED. LEONORA N. SOHL, CITY CLERK Council Member Hunter moved to adjourn, Council Member Daly (6:55 p.m.) 810