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1991/12/17City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. PRESENT: ABSENT: 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 ASSISTANT CITY CLERK: Ann M. Sauvageau UTILITIES GENERAL MANAGER: Edward Aghjayan UTILITIES ASSISTANT GENERAL MANAGER-FINANCE/ADMIN: Darrell Ament ELECTRICAL ENGINEERING MANAGER= Jafar Taghavi DIRECTOR OF MAINTENANCE: John Roche RECREATION SUPERINTENDENT: Mark Deven PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:55 p.m. on December 13, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of December 17, 1991 to order at 3:10 p.m. 175: WORKSHOP - UTILITIES UNDERGROUNDING: City Manager James Ruth. Today's workshop presentation is on the status of the Utilities Undergrounding Program for the City. The program has been modified and will be accelerated. He then deferred to the Public Utilities General Manager, Ed Aghjayan. Ed Aghjayan, Public Utilities General Manager. Last year, the Five Year Undergrounding plan was presented to and approved by the Council with a cost of approximately 23 million dollars. An undergrouding subcommittee was formed consisting of three members of the Public Utilities Board as well as two members of the Planning Commission chaired by Dick McMillan. The committee has been meeting regularly to review the revised program. The plan as recommended by staff and the subcommittee was presented to the Public Utilities Board approximately two weeks ago and approved by the Board. The Council is not being asked for formal approval today but staff will come back perhaps at the next Council meeting to ask for formal approval as well as some changes in the undergrounding ordinance that will help implement the plan. Today's presentation is a summary of the revised second year, five-year plan (Mr. Aghjayan's presentation was supplemented by slides). The plan has changed and is a major enhancement and acceleration of the program going from six projects and 24.6 million dollars to the proposed plan of eleven projects and 40 million dollars for the five-year plan. He then introduced staff members involved in the program and subsequently deferred to Jafar Taghavi. 828 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. Jafar Taghavi, Electrical Engineering Manager. He briefed the Council on the status of the current five-year plan, what has been completed to date, and the projects that will be under construction in the near future. The second project will be the C-R area scheduled to be done in four phases. The first phase, which he briefed, is under design by the outside consultant. He also briefed Phase II, III and IV. All phases are being planned with the knowledge that the Disneyland expansion is going to take place. The only phase affected by the Disneyland expansion will be Phase IV. If the expansion takes place, Phase IV will be changed. During the course of Mr. Taghavi's presentation wherein he specifically showed the areas to be undergrounded in the C-R area, Council Member Pickler questioned why they would not start undergrounding from Katella Avenue to Ball Road on Harbor and Katella Avenue between West Street and Haster as the first phase. To him, that is the most critical area and should be done first. Staff members explained that the timing of Phase I and II is closely coordinated with other improvements in the C-R area, the intent being to minimize the overall impact to businesses in the area. The improvements will be coordinated with the construction of the critical intersection and the Katella Superstreet Project along with C-R area improvements. The right-of-way improvements will not be taken until those are done. Mr. Aghjayan stated that Council Member Pickler's concern will be taken into consideration. Ed Aghjayan. Relative to the revised program, 5.5 million dollars is currently unfunded. Since most of the projects involved are in the later stages of the five-year plan, staff will take a critical look at some of the other capital projects to see if some can be deferred and that money moved into the undergrounding program. He then introduced Darrell Ament who will review the proposed projects. Darrell Ament, Assistant General Manager, Finance and Administration (Utilities). He first reviewed the criteria the subcommittee and Public Utilities Board used in determining the projects. The plan has gone from six projects to eleven projects and from 24.6 to 40 million dollars. He then briefed the projects throughout the City, their start dates and costs. During his presentation, questions by Council Members were answered by Mr. Ament, Ed Aghjayan, Bob Templeton, Electrical System Designer and Ben Sammanas, Principal Engineer heading the undergrounding program. Council Member Pickler reiterated that to him the most critical area is Katella to Ball Road on Harbor and Katella between West Street and Haster and should be done first; City Manager Ruth explained that it is not just a matter of scheduling and design as explained earlier. Also involved is a variety of other funding sources being used for the project. They are using gas tax monies, Measure M monies, a variety of funding sources. It is a matter of when those funds become available that triggers the Public Works Department design. Council Member Daly asked how much reimbursement the City receives from Southern California Edison and Pacific Bell since their lines will be going underground as well. 829 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. Ed Aghjayan. The City receives full reimbursement. Assessment districts are set up and within these districts, which will be drawn very carefully around the confines of the specific areas, all the utilities in that area have to go underground. Whoever is there whether Edison, the phone company, etc., all are required at their expense to underground in that specific area for the public right-of-way. The 40 million dollars is the amount of money Public Utilities is committing. An equal amount will probably be coming from cable and telephone. The figures do not include the costs the cable and telephone companies will be incurring. Council Member Daly commended Mr. Aghjayan since from the day he came into the Utilities Department having taken the program very seriously, residents have been asking for such a program for years and it is one of the reasons he ran for City Council. Thirty or forty years from now, it will be something the City can look back on and be very proud of and is a credit to Mr. Aghjayan and his staff. RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items including three additional items (f, g and h): 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. 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 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. f. To meet with the City and/or Redevelopment Agency's real property negotiator concerning the following property: Southern Plastics Mold, 2941 E. La Jolla, All Aboard, Inc., Manchester & Broadway and James Productions, 1566 S. Douglass Street. g. Newport Federal vs. City of Anaheim - O.C.S.C. 66-37-32. 83O City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. h. Friends of Tecate Cypress vs. City of Anaheim - O.C.S.C. 66-65-55. By general Consent, the Council recessed into Closed Session. (3:45 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. (5:19 p.m.) INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and presented to Tim Baley, an Anaheim resident and pianist/artist who has been invited by President and Mrs. George Bush to give a holiday concert at the White House on December 27, 1991 as part of their traditional holiday program. Mayor Hunter and Council Members personally congratulated Mr. Baley on his outstanding accomplishments. Council Member Daly stated that Tim Baley is known to many people as a member of the Hi Hopes entertaining group. Anaheim is the home to the Hi Hopes College for the gifted mentally retarded where they learn art and music. Tim is one of the shining examples of the program. The Council and citizens are very proud to have him as a resident of Anaheim. 119: DECLARATIONS OF RECOGNITION AND APPRECIATION: Declarations of Recognition and Appreciation were unanimously adopted by the City Council and presented to the following employees on the occasion of their retirement as employees of the City of Anaheim: George Edwards, Public Utilities Department - 25 years of service; Art Daw, Deputy City Engineer - 31 years of service; Sergeant Jerry C. Foster, Police Department - 22 years of service; Sergeant George W. Robichaud, Police Department - 28 years of service; Wade R. Faircloth, Jr., Police Department - 27 years of service; Captain John Sayer, Fire Department - 30 years of service; Klaus Berger, Fire Department - 26 years of service; William G. Lozier, Public Utilities Department - 21 years of service; Phenie Doblin, Data Processing Department - 28 years of service; Rose M. Whitney, Maintenance Department - 21 years of service (unable to be present). Mayor Hunter and Council Members personally expressed their appreciation to each of the employees and commended them for their long-time dedication and service to the City and citizens of Anaheim. MINUTES: Council Member Hunter moved to approve the minutes of the regular meeting held November 19, 1991. Council Member Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,286,203.21 for the period ending December 13, 1991, in accordance with the 1991-92 Budget, were approved. 831 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:41 p.m.) Mayor Hunter reconvened the City Council meeting. (5:44 p.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Hunter, seconded by Council Member Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Hunter offered Resolution Nos. 91R-330 and 91R-335 through 91R-341, both inclusive, for adoption and offered Ordinance No. 5280 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-330 and 91R-335 through 91R-341, both inclusive, for adoption and Ordinance No. 5280 for adoption.) Council Member Hunter moved to waive the reading in full of the resolutions and ordinance. Council Member Ehrle 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 Bryan for property damage sustained purportedly due to actions of the City on or about November 3, 1991. b. Claim submitted by Mercury Insurance Group for property damage sustained purportedly due to actions of the City on or about September 22, 1991. c. Claim submitted by Sue Schindler for property damage sustained purportedly due to actions of the City on or about November 5, 1991. d. Claim submitted by Vernon V. Roberts for property damage sustained purportedly due to actions of the City on or about November 3, 1991. e. Claim submitted by Lorraine L. Hoon for property damage sustained purportedly due to actions of the City on or about November 4th and 5th, 1991. f. Claim submitted by Deborah Perardi for property damage sustained purportedly due to actions of the City on or about October 30, 1991. g. Claim submitted by Rose Ann Miranda for property damage sustained purportedly due to actions of the City on or about October 30, 1991. h. Claim submitted by Louise M. King for bodily injury sustained purportedly due to actions of the City on or about September 21, 1991. 832 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. i. Claim submitted by Larry Anthony Finch for property damage and bodily injury sustained purportedly due to actions of the City on or about October 26, 1991. j. Claim submitted by Martin Gomez Quezada for property damage and bodily injury sustained purportedly due to actions of the City on or about October 26, 1991. k. Claim submitted by Curtis Henson for bodily injury sustained purportedly due to actions of the City on or about October 26, 1991. 1. Claim submitted by Doreen Larsen for property damage sustained purportedly due to actions of the City on or about November 4, 1991. m. Claim submitted by Richard Maciel for property damage and bodily injury sustained purportedly due to actions of the City on or about November 8, 1991. A2. 105: Receiving and filing minutes of the Public Utilities Board meetings held October 3, 1991, and November 21, 1991. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held October 23, 1991. 114: Receiving and filing Resolution No. 22,511 from the City of Glendale, calling for the restoration of adequate funding in fiscal year 1991-1992 and thereafter, for the State Department of Alcoholic Beverage Control and urging the Governor and State Legislature to approve funding for the A.B.C. enforcement at least at present levels. A3. 123: Approving a Second Amendment to Agreement (Extension Agreement) with Orange County Striping Service, Inc., for a third year of traffic striping maintenance services, at a total cost of $145,000 for the 1991/92 fiscal year. A4. 151: Considering the request of Taiyo Development California, Inc., for an Encroachment License for six directional signs to be placed within the right-of-way of: Santa Aha Canyon and Anaheim Hills Road, Nohl Ranch Road and Canyon Rim, Canyon Rim and Via Arboles, Canyon Rim and Fairmont Boulevard, Canyon Rim and Serran0, and Santa Aha Canyon Road and Fairmont Boulevard. The Council continued this item to January 7, 1992 at the request of the applicant with staff's concurrence. A5. 167: Approving a Notice of Completion of the construction of the Northeast Interconnect Project by Synchronistic Group, Inc., and authorizing the Mayor to sign, and the City Clerk to file said Notice of Completion. A6. 150: Approving a Notice of Completion of the construction of Sage Park Security Lighting System by Laubach Electric, and authorizing the Mayor to sign, and the City Clerk to file said Notice of Completion. 833 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991r 5:00 P.M. A7. 164: Approving Contract Change Order No. 2, Neighborhood Preservation Area II - Phase 2, in the amount of $32,813.86 in favor of Nobest Incorporated (for new electrical ducts). AS. 123: Approving a First Amendment to Agreement with Gillis, Iler & Clark to temporarily suspend architectural design services for Fire Station No. 6. A9. 123: Approving a First Amendment to the Agreement with the County of Orange for improvements to Ball Road - Sunkist Street to Santa Ana River, to reduce the City's share for the project by $319,000 due to A.H.F.P. funds contributed; and authorizing the Mayor and City Clerk to execute said Agreement. Al0. 160: Authorizing the Purchasing Agent to issue a purchase order to Gelco Space, in the amount of $36,769.64 for a modular office structure at Anaheim Hills Golf Course maintenance yard. Ail. 160: Accepting the bid of Orange Coast Ford Tractor, in the amount of $27,952 for one industrial loader tractor with scraper, including optional forks, in accordance with Bid ~5000. Al2. 160: Accepting the bid of Mills Ford, in the amount of $27,107.82 for two 3/4 ton pickup trucks, in accordance with Bid ~4999. Al3. 160: Accepting the bid of Kuhlman Corporation, in the amount of $52,366.50 for 25 single-phase subsurface transformers, in accordance with Bid #4991. Al4. 160: Accepting the bid of Pauwels Transformers, in the amount of $61,650 for six 750 KVA three-phase padmount transformers, in accordance with Bid #4979. 160: Accepting the bid of Westinghouse Electric Supply Company, in the amount of $55,600 for four 1000 KVA three-phase padmount transformers, in accordance with Bid #4979. Al5. 160: Accepting the bid of Westinghouse Electric Supply Company, in the amount of $88,182 for three KVA padmount transformers; three 225 KVA padmount transformers; and six 500 KVA padmount transformers, in accordance with Bid #4986. Al6. 160: Accepting the base bid of G & W Electric Company, c/o Banes Associates, Inc., in the amount of $90,124 for fourteen SF-6 subsurface switches, in accordance with Bid ~4993. Al7. 160: Accepting the bid of Pauwels Transformers, in the amount of $459,486 for one LTC three-phase 67-12.47 KV power transformer, selected spare parts, and seismic analysis report, in accordance with Bid #4981. Al8. 160: RESOLUTION NO. 91R-335: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING PARTICIPATION IN A STATEWIDE PURCHASING PROGRAM. 834 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. A19. 128: Receiving and filing the Monthly Financial Analysis for three months ended September 30, 1991, as submitted by the Director of Finance. A20. 123: Accepting the low bid and approving an agreement with Moen Computer Services, Inc., in an amount not to exceed $20,000 for the modification, development, and installation of the base operating and application software for the Mail Remittance Processing System, in accordance with Bid $4987. A21. 175: RESOLUTION NO. 91R-336: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 90R-349. A22. 175: RESOLUTION NO. 91R-337: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 91R-174. The following people spoke relative to the proposed rate increases~ Dr. William Kott, 522 Dwyer, Anaheim. Relative to the proposed increase requested by the Utilities Department, he cannot find in the documentation provided why an increase is needed or where it would go. He would like to know more about the alleged needs of the Utilities Department. Approximately 15 years ago, the indebtedness for the Utilities was about 14 million dollars. At that time the City had an audit done by one of the large accounting firms who reported to the City Council as to the propriety of the Utilities operation. He realizes there have been inside audits since then but feels at this time the Council should request an audit from one of the big six accounting firms in order to inform the citizens relative to the indebtedness of the Utilities Department particularly relative to the electric utilities. Max Engel, resident of Anaheim. He would like to be assured that as a result of the proposed increases in water and electricity charges, Anaheim rates will continue to be materially less than those charged by Southern California Edison. Ed Aghjayan, Public Utilities General Manager. System-wide, rates average about 14 1/2% below Edison. Edison has just filed for an 8% increase effective January 1, 1992. Depending on the increase that they get, the difference in rates will widen even further. Over the long run, 5 to 10 years, the City's rate increases, and there will be increases, will be competitive with the market and less than what Edison is likely to experience primarily because the City is invested in clean Coal Projects in Utah and one proposed in New Mexico. He looks for rates to become even more competitive with Edison. Rate increases will be lower than the average cost of living increases over the next 5 to 10 years. Amin David, 419 S. Colt, Anaheim. He is present as a member of ACT and is opposing the proposed rate increases. There is no justification for this increase in the eyes of the citizens and rate payers. He suggests that the 835 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. Council implement a complete financial and management efficiency audit of the department by one of the large management audit firms to determine how the department could be run more efficiently with less personnel. Council Member Ehrle. He is going to vote no. He would also like to see the first of the year the Council discuss a fiscal audit by one of the big six auditing firms as was mentioned. He knows it will cost a lot of money but he believes those costs should be put into next year's budget in order to know the fiscal relationship to the long-term indebtedness. Staff says it is 870 million dollars. He has documents showing close to 3 billion dollars direct and indirect in long-term indebtedness. It is necessary to know where they stand. Council Member Ehrle continued relative to the proposed water rate increases, he is also going to oppose. In May 1991, Council approved an 8% water rate increase to fund a department requested Water Conservation Program and on July 1, 1991 it was reduced by the Council to 6%. Under the present conditions he cannot support a program that raises water rates 6%. His inclination is to ask the Council to remove the Water Conservation Program and reduce the 6%. He will continue to support the 6% voted in some time ago if the 4-1/2% being requested tonight takes its place. The remaining 6% should be used to phase out the Water Conservation Program. In times of recession, Utilities cannot continue to increase personnel and rates. Council Member Daly asked how often there is a financial audit of water and power. He believes it is on an annual basis. Ed Aghjayan. There is a fiscal audit every year. The issue Council Member Ehrle raised is to have an outside look at the Utilities level of indebtedness and whether that is an appropriate level compared to other utilities and what alternatives there are - such things as working capital, reserves, cash flow analysis, etc. His sense is if they want a truly external view, it is simply a matter of having specific attention paid to that aspect during the annual audit. He knows it is covered in some general approach but does not know if it is as detailed as Council Member Ehrle would like. He believes that would answer the questions Council Member Ehrle has; Council Member Ehrle answered that he was not certain but would give it some thought. There is no big hurry and possibly they could agendize this one issue after the first of the year and discuss the pros and cons. Mr. Aghjayan then confirmed for Council Member Pickler that Orange County Water District rates charged to the City were 5 or 6% higher than last year. Council Member Daly feels it would be wise to have someone from the Orange County Water District speak to the Council on why rates have to go up - why they keep raising rates and why the Metropolitan Water District keeps raising rates. Council Member Pickler. He feels the City has an efficient Utilities Department. This is a 'witch hunt' which they were on years ago. The figures will show the Utilities Department is doing what has to be done. 836 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991t 5:00 P.M. At the conclusion of the Consent Calendar, the Council approved Items A21 and A22 increasing electric and water rates. Council Member Ehrle voted no. A23. 123: Approving an Agreement with Boys and Girls Club of Anaheim, in the amount of $25,575 for an after-school and summer recreation, sports, and arts and crafts program for low-income children at Lincoln School during FY 1991/92. A24. 150: Approving a request from the Anaheim Cinco de Mayo Fiesta Committee for funding, in the amount of $6,535 to assist with the presentation of the 1992 Cinco de Mayo Fiesta to be held at La Palma Park on May 2 and 3, 1992 from account no. 01-101-6799. Council Member Pickler. The City has been cutting back on many programs. Every year since the Council has allocated funds to the Cinco de Mayo Fiesta, it has been $5,000. The request this year is for an additional $1,535 over and above the $5,000 that has been allocated previously. He cannot see that the City should be approving an increase in this case while decreasing or eliminating funds for other such programs such as the Halloween Festival which was completely eliminated. City Manager Ruth. The increase is due to a request to place a canopy over the eating area to shield patrons from the sun. Mayor Hunter. The Council just approved the additional requested funding for the TLC (Feedback Foundation) lunch program for Senior Citizens at the urging of Council Member Pickler. The City has a large Hispanic community and he (Hunter) feels it is appropriate to grant the request for additional funds for the canopy. Council Member Daly. He asked if the City is reimbursed for any of the contribution made by the City or if it is considered a sponsorship; James Ruth. It is a sponsorship. The fiesta raises quite a bit of money to offset other costs. The subject amount is the City's contribution. Council Member Pickler moved that the same amount allocated in previous years be allocated again this year for the Cinco de Mayo Fiesta or $5,000; the motion died for lack of a second. Council Member Daly. He is a big supporter of the festival but money is tight and he questioned the need for the canopy. Amin David, 419 S. Colt. On a gesture of goodwill, the Mayor offered the canopy so that it could be used to avoid having to sit in the very hot sun. The Cinco de Mayo Fiesta makes money for the City. Consequently it is not a deficit situation but a plus. The canopy will be used from year to year and not just one time. Mark Deven, Recreation Superintendent. The revenue that is realized from the Cinco de Mayo Fiesta offsets direct and indirect City expenses. They do receive more revenue than for billable direct expenses but there are some 837 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. indirect expenses in the form of work hours that the department takes on for preparation of the site and leading up to the event that are very difficult to account for. He is certain it exceeds more than the amount of revenue taken in from the carnival itself. At the conclusion of the Consent Calendar, the Council voted to approve the request in the amount of $6,535. Council Member Pickler voted no. A25. 123: Approving a License Agreement with Set Free Christian Fellowship to allow the relocation and housing of the Anaheim Boxing Club to the Set Free facility located on Broadway and Philadelphia Streets, and authorizing the Mayor and City Clerk to execute said agreement. A26. 153: Approving the 1992 rates for the Lifeplus Foundation for Employee Assistance Program services (REACH). A27. 153: Approving the City of Anaheim revised Employee Medical Plan Document. A28. 153: RESOLUTION NO. 91R-338: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-80 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (Creating the classifications of Senior Conservation Services Advisor, Conservation Services Advisor I, and Conservation Services Advisor II, and deleting the classification of Energy Services Advisor, effective December 20, 1991.) A29. 153: RESOLUTION NO. 91R-339: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL EMPLOYEES AND THE CITY OF ANAHEIM. (Resolution amending Article 43, Call Out, to change minimum call out pay from three hours to two hours for Maintenance Department employees.) A30. 153: RESOLUTION NO. 91R-340: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM FIREFIGHTERS ASSOCIATION, AND THE CITY OF ANAHEIM. (Resolution amending Article 38, Paid Leave Program, to permit payment in cash for all paid leave hours accrued but not used, upon retirement.) A31. 177: Approving an application for funds under Section 8 of Title II of the Housing and Community Development Act of 1974, and authorizing the Mayor to sign the required compliance letter. A32. 123: Approving a Grant Agreement with Dayle McIntosh Center for the disabled for 1991 Emergency Shelter Grant funds, in the amount of $6,000 for a period of eighteen months from the date of execution, to provide essential services such as food for disabled homeless persons. A33. 123: Authorizing the Mayor to execute an amendment to the escrow instructions for the purchase of the Phoenix Club/Rancho Del Rio relocation sites, in the amount of $7,557.25. Council Member Pickler voted no. 838 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. A34. 139: Receiving and filing the final report of the 1991 Legislative Program. A35. 123: Approving an Agreement with NCR Corporation, in the amount of $97,793.11 for remittance processing equipment, a two-year maintenance plan and start-up supplies. A36. 123: Approving a Settlement Agreement and Release with International Tile Exposition, and authorizing the Mayor and City Clerk to execute the Settlement Agreement and Release on behalf of the City. A37. 123= Approving an Agreement with Robert Johns for a period of five years, for services associated with the operation of the Golf Pro Shop at H.G. 'Dad" Miller Public Golf Course, effective January 1, 1992 through December 31, 1996. A38. 156: Authorizing the transfer of ownership of retired police canine "Dingo" to his former handler, Officer Charles Knight. A39. 108: ORDINANCE NO. 5280 - (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 2.12.010 OF CHAPTER 2.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX. A40. 124: (i) Certifying that the City Council has reviewed and considered the information contained in Final Supplemental EIR No. 310 (A Supplement to Final EIR No. 284), (ii) adopting by reference those certain findings concerning the significant environmental effects of the Convention Center Betterment IV Expansion Project, including the Statement of Overriding Considerations and findings relating thereto, as set forth in Community Center Authority Resolution No. CCA-159, and (iii) adopting the Mitigation Monitoring Program, including all mitigation monitoring measures to be performed by the City of Anaheim, as set forth in Attachment A of said Resolution No. CCA-159. (Continued from the meeting of December 10, 1991, Item A18.) (Betterment IV.) RESOLUTION NO. 91R-330 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT, AND OFFICIAL NOTICE OF SALE AND AN OFFICIAL BID FORM IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Council Member Pickler. There is a recommendation to increase the Transient Occupancy Tax (TOT) with .06 percent to become effective February 1, 1992 and an increase of 1.4 percent to be effective December 1, 1993. The 6/10tbs is to take care of the Betterment III package. What he is concerned about and receives letters and calls about is the need for more police. He believes that the expansion of the Convention Center is going to help the City in the long run but he would like to see the Council enforce the total 2 percent at this time, proceed with the .06 percent for the Convention Center expansion and use .05 percent for the hiring of new policemen or safety personnel to do what needs to be done in the streets of Anaheim. It is necessary to put 839 ~ity Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17. 1991, 5:00 P.M_~ priorities in place. He is reco~ending that they approve the increase in the TOT but that .05 percent be allocated to the hiring of police immediately. Mayor Hunter. He cannot agree more. During the budget process, he voted for four percent for the Utility User Tax with 2 percent to be dedicated to hiring police officers and he was voted down. Council Member Pickler is now suggesting .05 percent or 1/2 percent to hire police officers. They need to agendize this item regarding what percentage of the 2 percent increase should go towards the General Fund and specifically to hiring police officers. Police Chief Molloy is present tonight. The Council should get a report from Chief Molloy - perhaps the .05 percent of the remaining 1.4 may not be enough. He would first prefer to have a report from the Chief. Council Member Pickler. Whether 2 percent or 4 percent, the Utility Tax is a temporary revenue. When hiring new police officers, the costs do not go away - .05 percent will raise 1.4 million dollars. If it is allocated towards hiring police officers, they can put 15 or 17 policemen on the streets. Mayor Hunter. The issue on the agenda tonight is .06 percent of i percent to go towards Betterment IV. They need to re-agendize the remaining amount which can always be amended. Police officers are the number one priority. The issue should be placed on the agenda and the Police Chief present with a detailed report rather than allocating 1/2 percent at this time which may not be enough. Council Member Ehrle. He concurs. He feels the report needs to be brought back to determine the manpower they are using in the C-R area. They have a commitment to the Conventions and hoteliers that if the City raises the TOT that money is going to be put back into the area. If they can free up some General Fund money now going to the Police Department, and free up those officers in time and manpower and put it elsewhere in the City he would agree but especially in the C-R area that those funds be made available for that area because that is where they need the money for police protection. City Manager Ruth. Staff has been developing a substantial amount of data relative to the City's budget. Whatever decision is forthcoming, they will need to take it in its total context where the budget is and where the City stands with regard to the shortfall before making enhancements. It is necessary to spend time working the Council through it and laying out a game plan. Chief Molloy is working extensively with the City Manager's office. Extensive research has been done on a 3 - 12 plan as reported by the Mayor. They are not yet ready to commit to that but are willing to sit down with the Council in the future to discuss the data with the Council. Council Member Daly. There is a report on tonight's agenda which is a summary of the first three months of the fiscal year. If trends continue, there will be between a 3 and 4 million dollar deficit come June of 1992. The City does not have the revenue to balance this year's budget. While he can appreciate the idea of raising the bed tax to expand the Convention Center, and he believes there is a lot of sense to the next expansion, hiring more police officers - the major issue - does not go away. The budget is not balanced even at this time. It is a mistake to talk about raising taxes and directing 840 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5500 P.M. that revenue away from the current deficit. He does not understand the logic. If they are going to raise the bed tax, it makes more sense to spend it in the community to balance the budget, reopen libraries and fill vacancies that exist in the Police Department at present before going into new programs. It makes sense to expand the Convention Center again, but not today. Council Member Simpson. There are two things at issue to be dealt with separately. Betterment IV should stand on its own merit and, in his opinion, it does. He has supported the expansion and will continue to do so. There is not enough money left in the 2 percent to balance the budget or the predicted shortfall but he supports Council Member Pickler's effort to use those new monies to hire police officers which they continue to say is the number one priority. If it is done tonight, it is his understanding they would have to amend the ordinance and come back again. City Attorney White. The ordinance that was introduced last week was to put in place on February 1, 1992 a 6/10ths of 1 percent increase ~nd in place on December 1, 1993 an additional 1.4%. In order to have any increase go into effect on February 1, 1992, it would be necessary to have the ordinance adopted on or before December 31, 1991 because of the 30 day referendum period before the ordinance becomes effective. If the Council were to consider a different ordinance than the one introduced last week, it could be introduced tonight but in order to put it in place by February 1, 1992 would necessitate the Council meeting again between now and the end of the year which is not currently contemplated but which the Council can do. Council Member Simpson. Something they need to be careful of is the amount of money they use out of the TOT as a budget balancing mechanism. There is pending legislation each year in Sacramento that gains strength. If they make a move to balance the budget with an overabundance of funds from the TOT, it might strengthen the impetus for that legislation which he does not believe anyone wants. He recommends they proceed with the Betterment IV expansion because in a down economy they should not run away from anything that is revenue producing. He recommends that they move forward with that and at a future Council meeting consider the .05 percent which he supports strongly to hire additional police officers. Council Member Pickler. It is necessary to set priorities. He wants the expansion of the Convention Center but there is nothing that says the Council has to take the 2 percent and put it back into the recreation area. If they come back at the beginning of the year, take the 1.6 and talk about the .05 for the Police Department he will feel more comfortable. He does not want to use the TOT to balance the budget but if they do so in order to keep the city functioning, it is something they may have to do. Mayor Hunter. The Council is committed but today is not the day to do it. He reiterated it is necessary to get a report from the Police Chief. He then referenced and read excerpts from a letter received containing comments from the hoteliers in the C-R area urging approval of Betterment IV. 'The Betterment IV project is sound and strongly supported by the business community...we must have faith in our economy and community...we need to 841 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. invest in our future by moving forward...create needed jobs in short term and bring financial dividends in long term...' There was also a report from Lynn Thompson, Convention Center General Manager wherein he states if the Council does not make a commitment this evening to move ahead with Betterment IV, the City will lose some major conventions. One large convention alone, NEPCON, brings in about one million dollars to the City. They do not want to lose those conventions to Las Vegas, Chicago or any other city. What the Council does tonight on Betterment IV is a commitment to move forward because it is a sound, viable decision. Another report was submitted by the Finance Director, George Ferrone relative to the financing of the 17.785 million dollar project by going forward now when interest rates are the lowest in 17 years and in the life time of the project the City will save 5.385 million dollars by proceeding with the project at this time. Council Member Daly. Mr. Thompson provided him data indicating that the Convention Center is the largest facility on the West Coast. The paint is barely dry on the last expansion, the most recent having opened in August of last year. The first hall opened in 1967, the next was 1974, then 1983, 1990 and tonight they are considering the Hall E expansion. Since this is the largest convention facility on the west coast, with Las Vegas and Chicago larger, he is at a loss to understand who they are competing with. They do not want to lose business but Anaheim has demonstrated an enormous commitment to the convention business. His overwhelming concerns are with the state of the City budget as well as budget priorities. He does not feel it will hurt to defer the expansion of the Convention Center for a year or two in order to get the City's fiscal house in order. Council Member Ehrle. He is going to support Betterment IV precisely because of the economy. It is nothing more than a continuation of what they started several months ago in the expansion of the Convention Center. With interest rates as they are at present, they will be saving approximately 5 million dollars by building now. That is an incentive to go forward. It presents new job opportunities in the next several months. With the size of the Convention Center after expansion, there could be two or three major trade shows going on at the same time which, in turn, will fill more hotels and people will be spending more money in Anaheim. At the conclusion of the Consent Calendar the Council adopted Ordinance No. 5280 (Item A39) as well as approving the items under A40 with Council Member Daly voting no. A41. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held December 4, 1991. A42. 155: RESOLUTION NO. 91R-341: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE FINAL SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT OF THE SOLID WASTE MANAGEMENT PLAN AND APPROVING NEGATIVE DECLARATIONS FOR THE PROJECT. Doug Cramer, Vice President of the Institute of Scrap Recycling Industry, South Western Chapter. His trade organization represents scrap metal 842 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17r 1991r 5:00 P.M. recyclers, waste paper dealers, plastic recyclers and textile recyclables. His concern is with the City's Source Reduction and Recycling Element. It will be creating a similar scenario to Palm Desert whereby through the source reduction recycling element the traditional recyclers have been excluded from their abilities to service and handle recyclables by way of a franchise waste hauling agreement. Scrap recyclables are not waste and under the ordinance and Source Reduction and Recycling Element generally they are counted as part of the waste which creates the scenario by which a waste hauler can say it is waste, it is mine, you cannot handle it. He would like to have clarification as to whether or not this is the intention of the Source Reduction and Recycling Element and if it is, he feels it deserves more attention and serious discussion. John Roche, Maintenance Director. Relative to Mr. Cramer's remarks about an exclusive franchise agreement, they do have an exclusive agreement with Anaheim Disposal for collection of all waste in Anaheim. However, they do have a number of recycling companies in Anaheim who have their own recycling collections and have never interfered with the exclusive agreement. He recommends to the Council that they continue that kind of relationship. The only thing the City wants per Assembly Bill 939 is credit for that recycling effort. Council Member Pickler. He asked if this was going to affect Mr. Cramer's operation; John Roche answered no. Emil Berezzky, 1350 Pembrooke Lane, Anaheim resident since 1968. He is giving a homeowners perspective of how recycling is affecting residents. Under the Recycle Anaheim Program, he has trouble getting rid of his yard waste. The black container is for trash but if residents trim hedges and trees there is no way of getting rid of larger branches or trimmings. He has discussed the matter with the sanitation department. There are no plans to do anything about the situation at present. He is for recycling but he does not believe the Council or the Sanitation Department has taken into account the great problem created for homeowners to get rid of ordinary yard waste. He is requesting, (1) that the Council make provisions to have the Sanitation Department pick up at least a couple of bundles of tree branches and trimmings each week as was done in the past and, (2) the literature initially mailed to the residents pointed out the positive aspects of the program but did not talk about the problems it would create for homeowners. What he feels was misleading and incomplete communication was a letter received just a few days ago saying that the program is completely voluntary. If it is voluntary, he wants to get out of the program and go back to the old system or have provisions made to collect his bundled outdoor waste. The remarks are confirmed in a letter he had previously sent to the Council. (See letter dated December 7, 1991 made a part of the record.) Mayor Hunter. Mr. Berezzky's comments will be directed to the appropriate people. A43. 170= Approving the Subdivision Agreement of parcel Map No. 90-244 with Southern Pacific Transportation Company. Parcel Map No. 90-244 is located south of Manchester Avenue, north of Mable Street and Santa Aha Street and west of Walnut Avenue. 843 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. Roll Call Vote on Resolution No. 91~-335 and Resolution)los. 91R-338 through 91R-341, both inclusive, for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter None None The Mayor declared Resolution No. 91R-335 and Resolution Nos. 91R-338 through 91R-341, both inclusive, duly passed and adopted. Roll Call Vote on Resolution Nos. 911~-336 and 91~-337 for adoption: AYES: COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 91R-336 and 91R-337 duly passed and adopted. Roll Call Vote on Resolution No. 91R-330 for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 91R-330 duly passed and adopted. Roll Call Vote on Ordinance No. 5280 for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5280 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A44. 000: 5:00 P.M. - AMENDING THE FEE SCHEDULE FOR SHOW WAGON RENTAL: To consider amending the fee schedule for the rental of the Parks, Recreation and Community Services Department Show Wagon. Submitted was report dated December 17, 1991 from the Director of Parks, Recreation and Community Services recommending that the fee schedule for the rental of the department's Show Wagon be increased in order to maintain Show Wagon services to the community on a self-supporting basis. Mayor Hunter asked if anyone was present who would like to speak to the issue; there was no response. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-342) 844 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-342 for adoption, amending fees to be charged for certain Park and Recreation Services. Refer to Resolution Book. RESOLUTION NO. 91R-342: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING FEES TO BE CHARGED FOR CERTAIN PARK AND RECREATION SERVICES. 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-342 duly passed and adopted. A45. 102: REAPPOINTMENT TO ORANGE COUNTY VECTOR CONTROL DISTRICT - BOARD OF TRUSTEES: Reappointing Ms. Paula Biester as Anaheim's representative to the Orange County Vector Control District's Board of Trustees, term expiring December 31, 1993. Submitted was letter dated December 3, 1991 from the District Manager of the Orange County Vector Control District, Gilbert Challet requesting that Ms. Biester be reappointed, or a successor, for the two-year term of office ending December 31, 1993. MOTION: Council Member Pickler moved to reappoint Ms. Paula Biester as Anaheim's representative to the Orange County Vector Control District Board of Trustees for the term expiring December 31, 1993. A46 · 105: MOTHER COLONY HOUSE ADVISORY BOARD: Appointing Peggy Hoag to fill the current vacancy left by Mabel Walker on the Mother Colony House Advisory Board, term expiring December 31, 1992. MOTION: Council Member Pickler moved to appoint Peggy Hoag to the Mother Colony House Advisory Board to fill the current vacancy left by Mabel Walker for the term expiring December 31, 1992. ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 27t 1991 - DECISION DATEs DECEMBER 5r 1991, INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 20, 1991~ B1. 1795 CONDITIONAL USE PERMIT NO. 3473, CATEGORICAllY EXEMPT, CLASS 11: OWNER: LEON ALEXANDER, 558 S. Harbor Blvd., Suite 100, Anaheim, CA 92805. AGENT: SILVA ALEXANDER, 558 S. Harbor Blvd., Suite 100, Anaheim, CA 92805. LOCATION: 558 South Harbor Boulevard. Property is approximately 0.2 acre located at the northeast corner of Harbor Boulevard and Water Street. 845 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. To permit a 45 square foot freestanding sign in the "CO" (Commercial Office and Professional) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3473 APPROVED, IN PART, maximum sign height eight feet (ZA91-52). B2. 179: CONDITIONAL USE PERMIT NO. 3478, CATEGORICALLY EXEMPT, CLASS 3: OWNER: DOUGLAS C. AND PATSY ANN ELLIOTT, 497 S. Country Hill Road, Anaheim, CA 92808. LOCATION: 497 S. Country Hill Road. Property is approximately 0.74 acre located at the southeast portion of the bend of Country Hill Road and Mohler Drive. To permit a ground mounted satellite dish antenna. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3478 APPROVED (ZA91-53). B3. 179: ADMINISTRATIVE USE PERMIT NO. 91-04: REQUESTED BY: KYUNG WON LEE, (IN SON YI) 1334 Garrett Street, Anaheim, CA 92804. LOCATION: 1334 Garrett Street. To permit a large family day care home for up to 12 children. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Use Permit No. 91-04 APPROVED (ZA91-54). ITEMS B4 - B5 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 12, 1991 - DECISION DATE: DECEMBER 13f 1991, INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 30, 1991: B4. 179: VARIANCE NO. 4138, CATEGORICALLY EXEMPT, CLASS 3: OWNER: HENRY AND SANDY JO, 249 East Borromeo, Placentia, CA 92670. AGENT: INLAND DESIGN, INC., 954 West Foothill Boulevard, Suite B, Upland, CA 91786. LOCATION: 530 South Old Ranch Road. Property is approximately 0.98 acre located at the southern terminus of Old Ranch Road, approximately 300 feet south of the centerline of Country Hill Road. Waiver of maximum structural height to construct a three (3) story, 11,891 square-foot single family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4138 APPROVED, IN PART, for 32 feet, (ZA91-56). B5. 179: VARIANCE NO. 4161, NEGATIVE DECLARATION: OWNER: W. W. MORNINGSTAR, ROBERT MORNINGSTAR, MARTHA A. SMITH, MARGARET PAILLASSON, 920-B 17th Street, Santa Aha, CA 92706. AGENT: HECTOR M. URBINA. LOCATION: 2181 West Katella Avenue, Unit C. Property is approximately 0.51 acre located at the northeast corner of Katella Avenue and Brookhurst Street. waiver of minimum number of parking spaces to'establish a fast food restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4161 APPROVED (ZA91-57). 846 City Hall~ Anaheim, California - COUNCIL MINUTES - DECEMBER 17~ 1991~ 5=00 P.M. End of the Zoning Administrator Items. B6. 179: REQUEST FOR REHEARING - 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. The property is located at 3242 West Lincoln Avenue - The business is Games Plus. The petitioner requested deletion of Condition No. 11 (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. A public hearing was held on December 3, 1991 at the conclusion of which, the City Council denied the request to amend the condition extending Condition No. 11 of the CUP and thus, the CUP will expire on January 12, 1992 (Resolution No. 91R-326). Council Member Pickler asked if the Council was required to hold a rehearing on the subject. City Attorney White. The code provides when such a request is denied, the applicant has the right to request a rehearing by filing a declaration or affidavit which has been done. The Council's decision is based upon the information in the declaration. If the Council wishes to ask any questions of Mr. Rhemrev, they can do so, but it is not required that the Council conduct a further oral proceeding at this time. MOTION: Council Member Pickler moved to deny the request for a rehearing relative to Conditional Use Permit No. 2963 and, specifically Condition No. 11, Council Member Hunter seconded the motion. MOTION CARRIED. ITEMS B7 - Bi0 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 16~ 1991 INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 26~ 1991: B7. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3471 TENTATIVE TRACT MAP NO. 14587 AND NEGATIVE DECLARATION: OWNER: THE HERITAGE, A GENERAL PARTNERSHIP, 1940 N. Tustin Ave., ~100, Orange, CA 92665. AGENT: CRAIG COMBS ASSOC., 1535 Monrovia Ave., Newport Beach, CA 92663. LOCATION: 425 North Magnolia Avenue. Property is approximately 9.2 acres located on the west side of Magnolia Avenue and approximately 662 ~ee% south o~ the cen~erllne of Crescent Avenue. To permit the conversion of an existing 128-unit apartment complex to a 128-unit, 21-1ot, air-space condominium complex. To establish a 21-1ot, 128-unit, RM-3000 condominium subdivision with waiver of required lot frontage, minimum lot width, minimum floor area, permitted encroachments into required yards, minimum distance between buildings and minimum landscape setback adjacent to single-family residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14587 APPROVED (6 yes votes, and 1 no vote). 847 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. NOTE: CUP NO. 3471 has a 22-day appeal period and will appear on the City Council agenda of January 7, 1992. B8. 179: RECLASSIFICATION NO. 91-92-09, WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3481, TENTATIVE TRACT MAP NO. 14603 AND NEGATIVE DECLARATION: OWNER: DOMINIC and SONJA GELO, 3326 W. Orange Ave., Anaheim, CA 92804. AGENT: BAHRA GMASSEMI, 3500 S. Greenville St., $G-23, Santa Aha, CA 92704. LOCATION: 3326 West Orange Ave. Property is approximately 0.50 acre located on the south side of Orange Avenue and approximately 530 feet east of the centerline of Danbrook Street. To reclassify subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the RM-2400 (Residential, Multiple-Family) or less intense zone. To permit an 8-unit condominium complex with waiver of minimum recreational/leisure area. To establish a l-lot, 8-unit, RM-2400 condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14603 APPROVED (6 yes votes, I absent). NOTE: Reclass No. 91-92-09 and CUP NO. 3481 have a 22-day appeal period and will appear on the City Council agenda of January 7, 1992. B9. 155: ENVIRONMENTAL IMPACT REPORT NO. 288~ VARIANCE NO. 4588, TENTATIVE PARCEL MAP NO. 90-140: OWNER: IDM CORPORATION, P.O. BOX 57, Long Beach, CA 90801 LOCATION: IDM BUSINESS CENTER, ANAHEIM. Property is approximately 6.0 acres located on the west side of State College Blvd. and approximately 570 feet south of the centerline of Orangewood Avenue. Waiver of required lot frontage to establish a 2-lot commercial office subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Parcel map No. 90-140 APPROVED (6 yes votes, and i absent). NOTE: Variance No. 4158 has a 22-day appeal period and will appear on the City Council agenda of January 7, 1992. Bi0. 170: TENTATIVE TRACT MAP NO. 14130, CONDITIONAL USE PERMIT NO. 3301 AND NEGATIVE DECLARATION: OWNER: BLASH MOMENY, 27762 Pebble Beach, Mission VieJo, CA 92692 LOCATION: Property is approximately 4.41 acres located at the northwest terminus of Garland Circle and approximately 450 feet west of the centerline of Boisserac way. Amendment to conditions of approval pertaining to the provision of vehicular access to Orchard Drive and review of revised site plan for substantial conformance findings in conjunction with a previously-approved 19-lot (18-unit) residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSIONs Tentative Tract Map No. 14130 DENIED. NOTE: CUP NO. 3301 has a 22-day appeal period and will appear on the City Council agenda of January 7, 1992. 848 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. ITEMS OF PUBLIC INTEREST: John Krajacic. He expressed concern regarding the City's Senior Citizens and poor people. He urged the Council to make decisions that would assist those groups. Harvey Lopez, Member of Orange County Congregation of Community Organizations. He referred to the Posada which was recently held in Pearson Park to which the Council was invited. He then presented a large card which contained many signatures. They are not saying that the Council should not expand the Convention Center or make other improvements, but they are concerned about the basic needs of people. He then commented on the gang problem in the City which needs to be addressed concluding that there is a need to address family issues in the City. D1. 179: PUBLIC HEARING - 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/REQUEST: The property is located at 3203 West Ball Road and is approximately 0.21 acre located at the northwest corner of Ball Road and Western Avenue. The petitioner requests amendment to conditions of approval pertaining to limitations of uses. To permit a beauty salon in conjunction with business offices including accounting, bookkeeping, insurance, law or legal services, real estate, public utilities, consultants and other similar offices. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - December 5, 1991 Mailing to property owners within 300 feet - December 4, 1991 Posting of property - December 6, 1991 PLANNING STAFF INPUT: See Staff Report to the City Manager/City Council dated December 9, 1991 from the Zoning Administrator, Annika Santalahti. Joel Fick, Planning Director. The staff report notes that there were three resolutions approved last summer - one by the Council and two by the Planning Commission, one of which was a nunc pro tunc addressing general business offices, as opposed to specifying a real estate office only. That was the intent of the Planning Commission in granting the original request. They did approve a nunc pro tunc resolution; however, because the item was not a scheduled public hearing before the Council, it never formally got adopted into the resolution. Staff views this as a housekeeping issue and is recommending approval as requested by the applicant. Annika Santalahti, Zoning Administrator confirmed for Council Member Pickler that only two businesses will be conducted on the property one of which could be the beauty parlor - 1200 square foot maximum - two businesses only. 849 City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. 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 Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-343) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-343 for adoption, amending conditions of approval of Conditional Use Permit No. 3318. Refer to Resolution Book. RESOLUTION NO. 91R-343: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3318 AS HERETOFORE APPROVED BY RESOLUTION NO. PC90-196. 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-343 duly passed and adopted. ISSUANCE OF PARKING TICKETS TO STREET VENDORS: Mayor Hunter. He has copies of a whole stack of tickets given to him that have been issued to street vendors for parking too long. He would like to have the Code Enforcement Manager, John Poole, submit a report on the issue. He (Hunter) has had phone calls from several judges at North Court asking why the City is spending so much time and money to get a $130.00 fine from a vendor parked for fifteen minutes in a ten minute zone. He feels that sometimes there is a need to be a little more judicious on these matters. The stack of tickets are being contested. It is something that needs to be looked at again. He asked that Mr. Poole perhaps meet with Pedro Vasquez in researching the matter and why there are such a constant large amount of tickets. Council Member Pickler. He feels that when there are laws on the books everyone should abide by the laws until and if the law is changed. Mayor Hunter. The Council Members are the policy makers and have the power to change the laws. If there are 40 or 50 tickets and the judges are calling him and the City Attorney's Office has to prosecute and spend time on parking 85O City Hall, Anaheim, California - COUNCIL MINUTES - DECEMBER 17, 1991, 5:00 P.M. tickets, he questions why so much time and effort is being spent on the issue over and over again. If there is a problem, the Council should revisit the matter. He will await Mr. Poole's report on the matter. ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Ehrle seconded the motion. MOTION CARRIED. (7~12 p.m.) No Council Meetings are scheduled for Tuesday, December 24, 1991 (Christmas Eve) and Tuesday, December 31, 1991 (New Year's Eve). The next scheduled City Council Meeting will take place January 7, 1992. LEONORA N. SOHL, CITY CLERK 851