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1990/05/0811 City Hall. Anaheim. Ca[i~prnia - COUNCIL MIN!I~.TES..~M~y_.8. 1990. 2:00 P,M, Adjourned Rezular Meeting~ofMay ~. 1990 The City Council of the City of Anaheim met in adjourned regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood (~red 2:12 p.m.), Pickler (entered 2:10 p.m.) and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: COMMUNITY SERVICES BOARD MFMB~RS: June Lowry, Chairman; Rick Gastil, Vivian Engelbr~cht~ Jacq~.?~ Terrell, Bryan Crow, Flo Tarlton, Marjorte Rethrock, Don D~×ter, Betty Vion and Michael Yawn. ABSENT: COMMUNITY SERVICES BO;~RD MEMBERS: Mike Sofia, Vice-Chairman; Mary Hibbard, Marg~re~ Sullivan, Martha Miser and Michael Rizzo. PRESENT: SENIOR CITIZENS' COMMISSION MEMBERS: Herman Siegmund, Chairman; Ralph Sarno, Vice-Chairman; Warren Hawley, Murtel Nelson, Caroline Kincanon, Frances Scherman and Ernte Sullivan. ABSENT: SENIOR CITIZENS' COMMISSION MEMBERS: None. PRESENT: STAFF MEMBERS: CITY MANAGER, James Ruth, CITY ATTORNEY, Jack White, CITY CLERK, Leonora N. Sohl, COMMUNIIY SERVICES DIVISION SUPERINTENDENT, Steve Swaim, HUMAN SERVICES MANAGER - COMMUNITY SERVICES DIVISION, Lynn Smith. Mayor Hunter called the adjourned regular meeting to order for the purPose of meeting jointly with the Senior Citizens' Commission and the Community Services Board for discussion regarding human and senior services in Anaheim for fiscal years 1989-90 and 1990-91. Chairman of the Community Services Board (CSB) June Lowry called the Community Services Board to order. Chairman of the Senior Citizens' Commission (SCC) Herman Siegmund called the Commission to order. Steve Swaim, Superintendent, Community Services Division. The meeting is to discuss human services and senior services - where they have been over the past ten years and where they are going in the future ten years. Last June the Council approved the Human Services Needs Assessment and Action Plan and one o~ the strategies was ~or the Council to meet with the Senior Citizens' Commission and Community Services Board to discuss the issues. June Lowry, Chairman, Community Services Board. They are presenting a "State of the Union" of human services needs in the past year as viewed through the Commission and the Board. She then deferred to Vlvian Engelbrecht. Vivtan Engelbrecht, Community Services Board. As the senior member of the CSB, she has seen the Board's duties change dramatically through the years. As the City grows, human needs become more demanding. The Board, because of its makeup, has been able to study and evaluate the changes intelligently and with compassion. Each Member is a specialist on human needs, representing various organizations and churches in the community. 449 City Hall, Anaheim. California - COUNCIL MINUTES - May 8, 1990, 2;00 P,M, Adjourned Regular Meeting of May 1. 1990 June Lowry. She expanded on the activities of the Board, which include the large task of recommending to the Council those Community Services Agencies to be funded through the process established. The Council has given the citizens of Anaheim a great deal of support. Last year when the Council agreed on an amount of money to be available for funding the agencies in this year it was extremely helpful to the Board. She then explained the process the Board followed in the past year, the many meetings which took place with Block Grant people and the seniors to determine what would be best for the City for the next five years in terms of a Needs Assessment Action Plan and implementation. Five priorities were determined between the Gommtsston, Board and Block Grant people - (1) transportation for seniors/frail elderly, (2) homeless and affordable housing, (3) adequate health care and access to same, (4) in-home supportive care and (5) youth crime prevention. Relative to adequate transportation for seniors, an area within that is the door-to-door frail elderly. Dial-A-Ride does not address this group. If it is possible to keep these seniors in their homes they do not need to be institutionalized. Muriel Nelson, Senior Citizens' Commission. One of the overall goals of the SCC is to support the City's elderly in their efforts to stay alive, be well cared for and continue living in their homes as long as possible. Transportation means access to all of the services the seniors need. Steve Swaim. CTSA, as well as Dial-A-Ride and other transportation providers, especially on fixed route systems, are not dealing with the needs of the frail elderly. The City has a contract with CTSA to provide transportation for TLC (Transportation, Lunch, Counseling) participants, but other seniors who want to go shopping or have doctors' appointments have no viable means of transportation. Staff is in the process of assessing the need by surveys, as well as through a series of three public forums, to find out exactly what the need is. Staff believes the outcome will reveal that there is, in fact, such an unmet need. Upon questioning by Council Members additional discussion followed relative to transportation needs with further input by staff and Gommunity Services Board Member Jackte Terrell, who gave further insight to the problem. June Lowry. The second priority is homeless and affordable housing. Marjorie Rothrock, CSB. She is not an authority on affordable housing but just those agencies she has worked with. Halcyon is one such agency and she thanked the Council for assisting with that project. At a recent Halcyon Board meeting, the discussion revolved around the need for more shelter. At present, ten families can be accommodated at one time. They have motels filled with homeless families and also the mentally t11. There are also alcoholics, single men and single women who are in need of shelter. They want to expand and have another shelter and it is hoped that can be accomplished in another year. It is something that cannot Just be done by the private sector. Another housing problem is overcrowding in apartments with landlords charging by the head. It is a subject which comes up constantly at their human needs network meetings. There are the working poor as well. Another 450 9 City Hall. Anahetm~ Cali~_o~rD.i_~_:_CO_~U~I~.~.I~ES - May 8. 1990, 2:00 P.M. AdJourn_e_d Re~_l._a_r__Me_ettniz of May 1. 1990 issue is that of child education in homeless families. Although schools are doing a good job, there are families who do not know of the program and there is no money to go out and canvass for these children. June Lowry. Another problem under affordable housing is people living in apartments and in order to meet their needs, both parents work, leaving the children to themselves, which creates problems after school and in the evening. They have seen this in areas where there is overcrowding, such as the Jeffrey-Lynn area and other areas in Anaheim that are like Jeffrey-Lynn. There are too many people living in a small area and because of it there are code enforcement problems and police problems. Jacquelyn Terrell. The City has to evaluate some type of facility for the homeless who want to be homeless - a place where they can shower and clean up, where soap and towels are available. Those people are now in the parks, sleeping on the park tables. June Lowry. With reference to adequate health care and access to same, the agencies presently in Anaheim are doing a good job. The University of California Irvine on Romneya has a health project where they work with indigent people and the Orange County Center for health works on a sliding scale basis. There is a need for better pre-natal care. It is a problem they may have to address and look at in the future. Another concern/priority is in-home supportive care. It is a situation where the frail elderly cannot take care of themselves entirely but still want to remain independent. Their meals are supplied by Meals-On-Wheels or TLC. Home Helping Hands helps in bathing them and cleans their house once a week. By allowing them to stay in their homes, they remain productive members of society. If institutionalized, they shrink away from life and some say they would rather die. Murtel Nelson, SCC. Her work is with the congregate meals centers throughout the county and the three in Anaheim. Many a senior has said they are glad they have a reason to get up, dress, put on makeup and go someplace. If they did not have that opportunity they say they would die. Also, the supportive programs for the homebound are important not only to get a meal or two but also to have contact with at least one person a day. These people are trained to know any differences in the person they are attending. The frail senior needs a whole range of supportive services to keep them in their homes. When they go into a facility, their independence, self esteem and everything else suffers. It is less costly to bring the services to them than putting them in a home. June Lowry. This last year, Feedback Foundation, which the Council helps fund, served 52,000 in-home meals and 55,600 congregate lunches (at TLC sites) and in addition have served breakfast at two sites as well. She then moved to the fifth priority - youth crime prevention. Prevention is better than treatment after the fact. If they can help young people before 451 l0 City Hal~, ~nahe~m, California - COUNCIL MINUTES - May 8. 1990. 2:00 P.M. Adjourned Regular Meeting of May 1. 1990 they get into trouble, it is far better than after and this is done through agencies such as Youth Employment Services. Betty Vton, CSB. She is Chairman of Youth Employment Services. They find jobs for young people between the ages of 14 and 24. She then explained how the program works and its benefits to the community. June Lowry. The task force called Project S A Y is involved in youth crime prevention. There are various nonprofit agencies and groups that work within that framework, such as the YMCA, the Boys and Girls Club and Turning Point - each working with the idea of prevention. Marge Rothrock, Brian Crow and Jackie Terrell then spoke on the benefits of Project S A Y. The task force works on gang problems, graffiti, outreach workers in the parks, etc. It is a positive force in the community. June Lowry. Another area they wish to discuss is what they see as present needs for this year. They have already met with various agencies which have come before the Board. At this time they are not ready for a proposal, or to ask about money. She then deferred to Rick Gastill, Chairman of the Funding Subcommittee. Rick Gastill, CSB. He has been involved in the Funding Subcommittee for the last three years. He then explained the thoroughness with which the Board Members become involved in the process, their knowledge of the agencies and the investment of many hours of review and research that go into the process. He briefed how the funding procedure has grown, the criteria used in determining what agencies will be funded, etc. This year they looked at how the requests fit into the priority needs of the City as well as looking at some of the agencies that have historically proven to be providing a vital need that would continue to require some level of funding because, if stopped, it would cause problems. One of the other possibilities they opened up this year is the prospect of being pro-active if necessary. If the agencies do not meet all of the priority needs, there is a possibility of going out and taking a portion of the $200,000 allocated to see if somebody would want to fill a gap that has not been spontaneously met. June Lowry. She clarified that if they did not use all of the $200,000, they could issue a request for a proposal to meet a specific need they felt was not being met by the requesting agencies. It would then come to the Council as a separate matter. In concluding, Mrs. Lowry asked Members of either the Senior Citizens' Commission or the Community Services Board if there were any other matters to bring to the Council's attention at this informational meeting; there was no response. Mayor Hunter. He outlined the five needs identified - transportation for seniors/frail elderly, homeless and affordable housing, health care and access to same, in-home supportive care and youth crime prevention. 452 13 City Hall, Anaheim, California - COUNCIL MINUTES - May 8, 1990,-2;00 P.M, Adjourned Re_~ular Meetin~ of May ~, 1990 Council Members then gave their comments and input or posed questions for purposes of clarification which were answered by Mrs. Lowry and/or staff, during which Mr. Swaim emphasized that the five priorities discussed this evening do have the consensus of all three groups, the Senior Citizens' Commission, Community Services Board and Block Grant groups. Relative to the Block Grant funding process, the impetus of the recommendations start with the neighborhood target areas. The needs within those neighborhoods oftentimes are the same needs experienced City-wide, but sometimes they are not. Before closing, Mrs. Lowry commended Steve Swatm and his staff for the time and effort they put forth in the overall process. ADJOURNMENT - SENIOR CITIZENS' COMMISSION: By general consent, the Senior Citizens' Commission meeting was adjourned (3:30 p.m.). ADJOURNMENT COMMUNITY SERVICES BOARD; By general consent, the Community Services Board meeting was adjourned (3:30 p.m.). ADJOURNMENT - CITY COUNCIL; By general consent, the adjourned regular meeting of May 1, 1990 (held May 8, 1990) was adjourned (3:30 p.m.). LEONORA N. SOHL, CITY CLERK 453 61 City Hall, Anaheim~ California - COUNCIL MINUTES - May 8, 1990, 5:30 P,M, PRESENT: ABSENT: PRESENT : The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: COUNCIL MEMBERS: CITY MANAGER: CITY ATTORNEY: CITY CLERK: Daly, Ehrle, Kaywood, Pickler a~d Hunter None James Ruth Jack White Leonora N. Sohl ZONING ADMINISTRATOR: Anntka Santalahti PLANNING DIRECTOR: Joel Ftck ASSISTANT PLANNER: Jonathan Borrego PRINCIPAL TRAFFIC ENGINEER: John Lower A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on May 4, 1990 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 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 pursuanC to Government Code Section 54956.9(a), to wit: Golden West Baseball Company vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. Campanula Properties Inc. vs. City of Anaheim, et al., Orange County Superior Court Case No. 61-46-64; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 61-46-82; Los Angeles Rams Football Company Inc. vs. City of Anaheim, et al., Orange County Superior Court Case No. 61-46-74. City of Anaheim vs. Ertzen Associates, Inc., et al., SBSG No. 246402 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 Covernment Code §ection 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. 454 City Hall, Anaheim, California - COUNCIL MINUTES - May 8. 1990. 5:30 P,M, AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting (5:48 p.m.) INVOCATION: Rev. Louis Rohrs, Trinity United Methodist Church, gave the invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119; PRESENTATION - CINCO DE MAYO OUEEN: Mr. Rene Lopez reported that the Fiesta was a success owing to the cooperation and assistance of the City and the Fiesta Committee. He introduced Members of the Committee as well as the new Cinco de Mayo Queen, Laura Garcia, and Members of her Court (Maggie Gutierrez, Edith Escamtlla, Consuelo Lara, Bertha Mota and Irma Serrano). Mayor Hunter welcomed all those in attendance, congratulated the Committee and those involved on the fine Fiesta, and then presented Ms. Garcia with a bouquet of roses. 119. PROCLAMATIONS; The following proclamations were issued by Mayor Hunter and authorized by the City Council: Shared Housing Week in Anaheim, May 7-11, 1990. Transportation Week in Anaheim, May 13-19, 1990 and Transportation Day in Anaheim, May 14, 1990. Cultural Arts Month in Anaheim - May 1990. Water Awareness Month, May 1990. Lisa Sttpkovich and Ltz Sackman accepted the Shared Housing in Anaheim Proclamation; Frank Rose accepted the Transportation Week in Anaheim and Transportation Day in Anaheim Proclamation; Eleanor Bay accepted the Cultural Arts Month in Anaheim Proclamation, and Dale Pohlman accepted Water Awareness Month Proclamation. 119; DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing Mrs. Dorothy Dyer, R. N., for being named "Nurse of the Year" by the Delta Chapter, Chi Eta Phi Sorority. (To be mailed) 119; DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing retiring Police Sergeant Gordon D. McGonnell and commending him for over 26 years of dedicated service to the City of Anaheim and its citizens. Mayor Hunter and the City Council congratulated Sergeant McConnell and wished him well in his retirement. 455 59 City Hall, Anaheim, California - COUNCIL MINUTES - May 8, 1990, 5;30 P,M, 119; PRESENTATION CERTIFICATE OF RECOGNITION: Councilwoman Kaywood presented a Certificate of Recognition to Commissioner. Gary Krteger upon his retiring from 15 years of dedicated service on the Anaheim Parks and Recreation Commission. MIN-OTES: Councilwoman Kaywood moved to approve the minutes of regular meetings held March 27, 1990 and April 3, 1990. Councilman Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,767,470.94, in accordance with the 1989-90 budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 90R-151 through 90R-159, both inclusive, for adoption; Ordinance Nos. 5122 through 5125, both inclusive, for adoption and Ordinance No. 5128 for introduction. Councilman Pickler moved to waive the reading in full of the resolutions and ordinances. Councilman Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Hunter offered Resolution Nos. 90R-151 through 90R-159, both inclusive, for adoption; Ordinance Nos. 5122 through 5125, both inclusive, for adoption and Ordinance No. 5128 for introduction. Refer to Resolution/Ordinance Books. Al. 118: The following claims were filed against the City and action taken as recommended: a. Claim submitted by Lllllan Fogg for bodily injury and property damages sustained purportedly due to actions of the City on or about March 21, 1990. b. Claim submitted by Brothers Optical Lab, Inc. for property damages sustained purportedly due to actions of the City on or about February 26, 1990. c. Claim submitted by Jose O. Espinoza for property damages sustained purportedly due to actions of the City on or about February 8, 1990. d. Claim submitted by Jean Roberts for bodily injury sustained purportedly due to actions of the City on or about January 15, 1990. e. Claim submitted by Armando Miranda for bodily injury sustained purportedly due to actions of the City on or about February 23, 1990. 456 City Hall, Anaheim, California - COUNCIL MINUTES - May 8, 1990, 5;30 P,M, A2. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held March 28, 1990. 140: Receiving and filing Anaheim Public Library Monthly Statistical Report for the month of March, 1990. 105: Receiving and filing minutes of the Public Utilities Board meeting held April 5, 1990. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held April 18, 1990. 173: Receiving and filing a notice from William A. Turkish, that an application has been filed with the California Public Utilities Commission by Roberts Holiday Lines, Inc., seeking authority to serve hotel and businesses within your community with a moderately priced passenger stage bus service to John Wayne Airport. 114: Receiving and filing a certified copy of Resolution No. C-24815 from the City of Long Beach, relating to possible closure of the Long Beach Naval Shipyard. A3. 150: Awarding the contract to the lowest and best responsible bidder, Moonlighting Construction, Inc., in the amount of $92,594.35 for the base bid and additive alternate 1 for Modjeska Park Play Area and Pumphouse Improvements. A4. 123: Approving an Agreement for Estoppel Certificate (request of Bankers Mutual) regarding former City owned property at Lincoln Avenue and the Santa Aha River. A5, 176; RESOLUTION NO. 90R-151: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (89-4A) A6. 160: Accepting the bid of the Mark Costello Company, in the amount of $25,479.81 for one trash compactor, in accordance with bid ~4827. A7. 160: Accepting the low bid of Professional Tree Care, in the amount of $22,782 for tree trimming/removal project ~4, in accordance with bid ~4828. A8. 160: Accepting the bid of Forbes Computer Group, Inc., in an amount not to exceed $56,402 for computer LAN system hardware and installation at Utilities Systems Operations (Lewis Substation), in accordance with bid proposal #4834. A9. 160: Waiving the sealed bidding and advertising requirement of Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Linotype Company, in the amount of $72,067 plus shipping and installation for one Linotronic 300/Postscript RIP 4 Imagesetter. 457 City Hall, Anaheim, Cal%fornia - COUNCIL MINUTES - May 8, 1990, 5;30 P,M. AIO, ~39; RESOLUTION NO. 90R-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM IN SUPPORT OF PROPOSITION 111. All, 162/%42; ORDINANCE NO, 5128 RELATING TO SMOKING IN PUBLIC PLACES: Amending Section 6.30.050 of Chapter 6.30 of Title 6 of the Anaheim Municipal Code relating to smoking in public places. Sharon Ericson, representing the Anaheim Municipal Employees Association (AMEA). She is a representative on the Health Council and two other people on the Health Council were also present. She did not attend the last two Health Council meetings and would like to know exactly what the subject Ordinance provides. City Attorney Jack White. The Ordinance and accompanying Resolution, if adopted by the Council, would have the effect of prohibiting smoking within the Civic Center building except within that certain area designated as Lunchroom B on the ground floor. All other smoking in the interior of the building would be prohibited. Sharon Ericson. She was not aware this was coming to the Council tonight and would like it removed because there are a lot of employees very much against this who would like to come and speak. AMEA abstained on the voting at the Health Council because they are right in the middle. Everybody is going into Lunchroom B now and complaining that there is not enough room. If nobody can smoke anywhere else, it will be even more of a problem. She previously talked to the Chairman of the Health Council that there should be at least another location. Otherwise there will be employees smoking outside of City Hall which will not look good and there will be grievances because they are going to be out there too long. The proposal is too prohibitive. City Manager James Ruth noted that Mr. Mendoza , Chairman of the Health Council, was in the audience and perhaps can address the matter. He has not spoken with Mr. Mendoza since this matter was initiated before he became City Manager but he did believe there was an agreement on this. Sharon Ericson. Most of the representatives on the Health Council do not smoke and she does not smoke either. When she talked to former City Manager Simpson at the time he was in a stand-offish position also. She was not at the last Health Council meeting but the two people in the audience who are on the Council along with herself were there and they do not remember discussion saying it was going to come to Council yet. George Mendoza, Chairman, Health Council. This issue has been under discussion for a couple of years and it needs some resolution. Mrs. Ericson was not present at the last meeting but he had talked to her by phone. He felt he gave her plenty of opportunity to buffer the situation in any way which she did by abstaining again. In the Health Council all work units but one supported the issue. Their support is for many reasons, healthwtse, financial reasons, etc. Anaheim is an aggressive City and it is necessary to take an aggressive stand. He is representing the Health Council and of all 458 58 City Hall. Anaheim. California - COUNCIL MINUTES - May 8. 1990, 5;30 p,M, the employee work units represented, 90% of that representation supports the proposal. If the issue is postponed, it will just continue as an issue; It is in the best interests of the people who work in the Civic Center. He is a non-smoker, does not work in the building, but is a fire fighter and knows the detriments to health of smoking and the escalating costs. It should be passed and it is the recommendation of the Health Council. Answering Councilwoman Kaywood, he stated that the unit which abstained was the AMEA. He understands their position. Councilwoman Kaywood noted that in June of 1989 a survey of employees was taken in the Civic Center and the vote was two to one in favor of making the Civic Center building smoke free. The ordinance was offered for introduction as part of the Consent Calendar and will be on the agenda May 15th for adoption. Al2. 158: Authorizing payment of the.relocation claim for Rancho Del Rio Stables in an amount not to exceed $1,945.15 for work completed to date. Al3, 153; AMENDING pERSONNEL RULE 23 - ADOPTING NEW PERSONNEL RULE 33 - POST RETIREMENT MEDICAL BENEFITS: Amending Personnel Rule 23 as set forth in Resolution No. 88R-166 and adopting new Personnel Rule 33 pertaining to post retirement medical benefits. Submitted was report dated May 1, 1990 from the Human Resources Director, Dave Morgan, recommending approval of the subject. Sharon Ericson, President, AMEA. The issue of retirement medical benefits is before the Council once again. All the arguments she presented two weeks ago (see minutes of April 24, 1990) are still valid. She has asked management on several occasions what the urgency is to push this matter through before all represented groups have negotiated their contracts, but no one has been able to give her an answer. She is not trying to keep anyone from getting their benefits. All employees from labor to the City Manager should have the same medical retirement benefits, but she does not feel it is right to hand one group these benefits while expecting the other to negotiate items away in order to receive the same benefits. It should not be used as a bargaining chip. AMEA has the largest group of employees in the Anaheim work force (800). They are still extremely upset that the IBEW maintained their original benefits while the rest of the employee units did not. The cost of the subject benefit is so insignificant that the Council should not hesitate to give it to all. The Human Resources Director said the benefits were a blueprint that would most likely eventually go to all employees. If that is the case, she strongly urges that they give it to all employees now and they can then negotiate up from there. They do agree that this is not the proper forum for negotiations. Employees deserve better treatment than this. Mayor Hunter. He is going to vote as he did two weeks ago. Those who need the benefit most are going to be the last in line to get it. There should be a level playing field by opening up negotiations with all bargaining units and the issue put on the table for everyone instead of just one group and then using it as a bargaining chip; Councilman Ehrle agreed. 459 55 9ity Hall, Anaheim, Ca%ifornta - COUNCIL MINUTES - May 8, 1990, 5;30 P,M, Al4. 135/152: REOUEST FOR PROPOSAL - SURPLUS CITY PROPERTY - ANAHEIM GOLF COURSE: Authorizing staff to prepare a Request for Proposal to develop the one-acre Anaheim Hills Golf Course parking lot into a compatible commercial development. Submitted was report dated May 2, 1990 from John Roche, Director of Maintenance, recommending approval of the subject. Mr. Patrick Pepper, Chairman, Anaheim Hills Citizens' Coalition. He asked that the item be removed from the consent calendar. Over the last two years, the Coalition has been working with City staff on the one-acre golf course parking lot site and the 20 acres across the street. On April 17, 1990, the issue came before the Council on the consent calendar (item Al7), which included the concept of retaining the 20 acres of surplus golf course property on the opposite side of Nohl Ranch Road as open space. The item today contains no mention of the 20 acres, but only the development on the one-acre site. He is asking that the Council continue this item for a couple of weeks to allow him and other members of the community to continue working with City staff on the matter. On April 17th it was noted that funding was found to repair the golf course channelizatton which was the reason stated in the Environmental Impact Report for selling the 20 acres. He discussed the matter with the City Manager this morning who told him he has other funding identified for repairing the golf course. There is no apparent need to sell the 20 acres. He reiterated his request that the matter be continued in orde~ to discuss this with staff and to combine the items once again because they were combined in the Environmental Impact Report. Councilwoman Kaywood noted that the item Mr. Pepper referred to on the April 17, 1990 agenda was not acted upon but removed from the agenda at that time. Patrick Pepper. The point is, only the second item is before the Council tonight. The two issues had always been combined and he wants to see them combined again. Councilman Pickler. He does not believe one has any bearing on the other; Patrick Pepper. If other funding has been found and the reason for selling the 20 acres has gone away, he questioned why not put them together. Councilman Pickler. He does not know if it has gone away. Staff has not come to the Council with the proposal as yet. This is a Request for Proposal for the parking lot and has nothing to do with the channel or the 20 acres. Patrick Pepper. He reiterated and emphasized that they have been working with City staff for two years and the two items have always been together. All he is asking is for a couple of weeks to talk to staff. The first notice he had that the item was on the agenda today was the letter he received from John Roche on Friday. Mayor Hunter. He feels the concern is that the report also indicates that the development of the parking lot will also provide a public meeting space. If the idea is to construct a golf course clubhouse, and a health club similar to Sequoia that would have a multiple use of a public community meeting place, 460 56 City Hall, Anaheim. California - COUNCIL MINUTES - May 8. 1990. 5:30 P.M. and if it is to use the facility as a substitute for any proposed community center in the hills, there should be input. He asked if this was going.to be used as some type of community center to placate the Anaheim Hills residents. City Manager James Ruth. His understanding in discussing the matter with Chris Jarvi, Director of Parks, Recreation and Community Services, this was not intended to supplant, but to augment. It is recognizing that there is a need for a community center and a critical need for meeting space. This was to augment the need for a meeting place and not to replace the need for a community center. They are still looking at various alternative sites, but there is critical and immediate need for meeting space. The RFP conceptually gives the opportunity to say there is interest in developing from the private sector standpoint on the parking lot and these are the kinds of things that we can do. They would always go back to the community with the public hearing process to give them an opportunity to react. Further discussion followed between Council and Mr. Pepper, during which Mr. Pepper explained for Councilman Daly that he has no problem with the concept of the RFP. The development of the whole area, the parking lot and the 20 acres, was combined in the Environmental Impact Report. He had a discussion with staff today on that. They could separate the one-acre out of the Environmental Impact Report. He understands Environmental Impact Report No. 279 is now obsolete. Right now they are to the point of waiting for responses to their comments. City Manager Ruth. He clarified that the drainage issue is a policy issue and will be considered by the Council during budget negotiations. If the Council chose, they could consider the disposition of the 20 acres at that time, but the Council can consider it at any time. John Roche, Director of Maintenance, clarified that relative to Fire Station No. 9, it is not part of the 20 acres. It is a separate parcel. Councilman Pickler. He has a problem continuing the matter for a couple of weeks. They are considering putting something on the golf course parking lot to enhance it. If it is tied in with the concerns expressed by Mr. Pepper, he would go along with that but he feels staff has cleared the air that it has no bearing whatsoever. Mayor Hunter, He would like to see more focus on what they are ~oin~ to do with the 20 acres - if they are goln~ to build a community center and where that will be located ultimately. It is a difficult issue, the same issue is being faced in the downtown area - if, where, and where the funds will come from. He is going to vote against the recommendation. Councilman Ehrle. He is also going to vote no, because he feels they have time. It is not so critical that it has to be decided tonight. He would like to have more information. 461 53 City Hall, Anaheim. California - COUNCIL MINUTES - May 8, 1990, 5;30 P,M, Councilwoman Kaywood. The RFP is not accepting any proposal, and it has nothing to do with time. It is merely for information purposes. (Council Members Ehrle and Hunter voted no.) Al5. 149/142; ORDINANCE NO, 5122: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING TRUCKS OR TRAILERS ON STREETS. Al6, 149/142: ORDINANCE NO. 5123: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.430 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING FOR HANDICAPPED PERSONS. Al7, 156/142; ORDINANCE NO, 5124; AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 7.12 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW CHAPTER 7.12 OF TITLE 7 PERTAINING TO CURFEW FOR MINORS. Al8, 156/142; ORDINANCE NO. 5125: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5087, NUNC PRO TUNC, RELATING TO THE RETAIL SALE OF CONCEALABLE FIREARMS. Al9. 124/152: Waiving Council Policy No. 401, and authorizing the Community Center Authority to select the firm of H.N.T.B. as the architectural firm for' a two-phase contract for architectural, interior graphics design and contract documents development for Betterment IV in respective amounts not to exceed $415,000 and $335,000. (Withdrawn by Staff at the meeting of May 1, 1990, Item A25.) A20. 186: Approving the amendment of various bond documents relating to compliance with rebate requirements. CERTIFICATES OF PARTICIPATION (1989 RECYCLING EQUIPMENT FINANCING PROJECT): RESOLUTION NO, 90R-154. A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO TRUST AGREEMENT AND DIRECTING EXECUTION THEREOF. Approving the Opinion of Jones Hall Hill & White, A Professional Law Corporation. Supplemental Agreement No. 1 to Trust Agreement, dated as of March 1, 1990, by and among the City of Anaheim, Anaheim Public Improvement Corporation and First Interstate Bank of California, as Trustee. CERTIFICATES OF PARTICIPATION (POLICE FACILITIES. REFINANCING PROJECT): RESOLUTION NO. 90R-155. A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO TRUST AGREEMENT AND DIRECTING EXECUTION THEREOF. Supplemental Agreement No. 1 to Trust Agreement, dated as of March 1, 1990, by and among the City of Anaheim, Anaheim Public Improvement Corporation and Security Pacific National Bank, as Trustee. 462 City Hall, Anaheim, California - COUNCIL MINUTES May 8. 1990. 5:30 P.M. Councilwoman Kaywood stated that she is going to vote no only on the Community Facilities District No. 1989-1 (Sycamore Canyon) Special Tax Bonds as well as Community Facilities District No. 1989-2 (The Highlands) and Community Facilities District No. 1989-3 (The Summit), since she initially voted no on the approval of those Mello Roos Districts. COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) SPECIAL TAX BONDS: RESOLUTION NO, 90R-156, A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO FISCAL AGENT AGREEMENT AND DIRECTING EXECUTION THEREOF. Supplemental Agreement No. 2 to Fiscal Agent Agreement, dated as of March 1, 1990, by and between the City of Anaheim and Bank of America National Trust and Savings Association, as Fiscal Agent. COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) SPECIAL TAX BONDS: RESOLUTION NO, 90R-157, A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO FISCAL AGENT AGREEMENT AND DIRECTING EXECUTION THEREOF. Supplemental Agreement No. 2 to Fiscal Agent Agreement, dated as of March 1, 1990, by and between the City of Anaheim and Bank of America National Trust and Savings Association, as Fiscal Agent. COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) SPECIAL TAX BONDS: RESOLUTION NO, 90R-%58, A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO FISCAL AGENT AGREEMENT AND DIRECTING EXECUTION THEREOF. Supplemental Agreement No. 2 to Fiscal Agent Agreement, dated as of March 1, 1990, by and between the City of Anaheim and Bank of America National Trust and Savings Association, as Fiscal Agent. GENERAL OBLIGATION BONDS, SERIES 1986 A: RESOLUTION NO. 90R-159: SECOND SUPPLRMENTAL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND SUPPLEMENTING RESOLUTION NO. 86R-434, ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANA]{EIM ON SEPTEMBER 30, 1986, AS AMENDED AND SUPPLEMENTED BY RESOLUTION NO. 86R-457, ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM ON OCTOBER l&, 1986, RELATING TO GENERAL OBLIGATION BONDS, SERIES 1986 A. Roll Call Vote on Resolution Nos. 90R-151, 152, 154, 155 and 159: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-151, 152, 154, 155 and 159 duly passed and adopted. 463 51 City Hall. Anaheim. California - COUNCIL MINUTES May 8. 1990. 5:30 P.M. Roll Call Vote on Resolution No. 90R-153: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood and Pickler Ehrle and Hunter None The Mayor declared Resolution No. 90R-153 duly passed and adopted. Roll Call Vote on Resolution Nos. 90R-156, 157 and 158: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Resolution Nos. 90R-156, 157 and 158 duly passed and adopted. Roll Call Vote on Ordinance Nos. 5122, 5123, 5124 and 5125. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance Nos. 5122 through 5125, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. A21. 105; APPOINTMENTS TO THE yOUTH COMMISSION TO FILL VACANCIES: Submitted was report dated April 20, 1990, from the Director of Parks, Recreation and Community Services, giving Youth Commission recommendations relative to a resignation and recommendations to fill vacancies on the Commission. Councilwoman Kaywood moved to accept the resignation of Youth Commissioner Duy Nguyen, as recommended by the Youth Commission, and moving alternates Camelia Mazard and Sara Pai to appointed Commissioners. Councilman Daly seconded the motion. MOTION CARRIED. Councilwoman Kaywood nominated Michelle Mina Ahnn as First Alternate, Brian Robert Craig as Second Alternate and Rajah Patel as Third Alternate on the Youth Commission. Since there were no additional nominations, the three alternate positions were unanimously appointed as nominated. A22, ~05; DECLARING AN UNSCHEDULED VACANCY - PARKS AND RECREATION COMMISSION: Councilwoman Kaywood moved to declare an unscheduled vacancy on the Parks and Recreation Commission (Member at Large) and authorizing the City Clerk to post a Notice of Unscheduled Vacancy. (Term expires June 30, 1990 - Krteger.) Councilman Ehrle seconded the motion. MOTION CARRIED. 464 CSty Hal~. Anaheim. California - COUNCIL MINUTES - nay 8, 1990, 5;30 134; pUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 298 AND NEGATIVE DECLARATION; INITIATED BY: City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92805 Amendment to the Land Use Element of the General Plan redesignating subject areas from the Medium Density Residential designation to the Low Density Residential designation. AREA 1: Those 2 parcels consisting of approximately 0.51 acre located on the southwest corner of Teranimar Drive and Western Avenue having combined approximate frontages of 165 feet on the south side of Teranimar Drive and 135 feet on the west side of Western Avenue. AREA 2; Those 2 parcels consisting of approximately 0.36 acre located on the southwest corner of Faircrest Drive and Western Avenue having combined approximate Frontages of 143 feet on the south side of Faircrest Drive and 111 feet on the west side of Western Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 298 APPROVED (PC90-81) (6 yes votes, 1 absent); approved Negative Declaration. HEARING SET ON: Set for public hearing necessitated by the General Plan Amendment. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 26, 1990. Posting of property April 27, 1990. Mailing to property owners within 300 feet - April 26, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 26, 1990. Jonathan Borrego, Assistant Planner. Two areas are involved previously considered under another General PLan Amendment that the Planning Commission considered in conjunction with the ongoing housing study. Originally these two areas were recommended for a redest~natfon from Medium Density Residential to Low Medium Density Residential designation. Given the fact that the area in question is zoned for Single Family Residential and developed with such, the Planning Commission subsequently recommended the redestgnatt0n to Low Medium Density Residential. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION IN FAVOR: None. PUBLIC DISCUSSION IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. 465 49 City Hall, Anaheim, California -_C. OUNCIL MINUTES - May 8, 1990, 5;30 ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED . WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 90R-160) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R-160 for adoption, approving General Plan Amendment No. 298. Refer to Resolution Book. RESOLUTION NO. 90R-160; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 298, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-160 duly passed and adopted. 179; PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3250 AND NEGATIVE DECLARATION: OWNER: Baggett Family Trust 230 Morning Canyon Road Corona Del Mar, California AGENT: Chris Agajantan 13240 South Vermont Avenue Gardena, California 90248 LOCATION/REQUEST: The property is located at 1700 South Anaheim Boulevard (0.99 acre on the west side of Anaheim Boulevard approximately 1,220 feet north of the centerline of Claudtna Way). The request is to permit an amusement (Go-Kart) facility. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3250 was GRANTED for three years (PC90-78) (5 yes votes, 1 no vote, and 1 absent). Condition No. 19 was deleted. Signs are to remain as they are existing. Five foot landscaped buffer on Anaheim Boulevard; approved Negative Declaration. 466 5O City Hall, Anaheim, California - COUNCIL MINUTES - May 8, 1990, 5;30 P.M. HEARING SET ON: A letter of appeal was submitted by the Agent and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 26, 1990. Posting of property April 27, 1990. Mailing to property owners within 300 feet - April 26, 1990. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 26, 1990. APPLICANT'S STATEMENT: Dave Sobodos. The appeal is based on two of the conditions imposed by the Planning Commission - No. 5 and No. 6, having to do with stadium area fees. The proposal is not an intensification of use and there is no new construction involved. It is an existing building. They are going to pave part of the parking lot with concrete and run small go-karts in that area. City Attorney White. As a matter of convenience to the permittees, the Planning Commission often puts conditions on those permits that are mere recitals of ordinance requirements. Conditions 5 and 6 are such an instance where the Municipal Code requires these fees to be paid and the elimination from the Conditional Use Permit of those two conditions and have no effect on the code requirement. It would still be in the ordinance. The ordinance provides that the fees are due where there is a modification in the use if it is changed to more intensive use. On the staff level, staff can be convinced that this is not the case and the fees would not be attached. The only alternative the Council would have would be to amend the ordinance. Mr. Sobodos asked if this would then be a matter he would take up with staff as to whether or not it would apply to his project. Mayor Hunter. It should be worked out on the staff level whether or not it would be applicable. The Council does not have the authority without amending the ordinance and it would require a new ordinance. Dave Sobodos. Another point is that one of the requirements under Condition 16 is that there be a four foot high monument style sign. The ordinance for the property is more lenient than that, allowing for a seven foot high sign with a 350 square foot face. 467 47 City Hall, Anaheim. California - COUNCIL MINUTES May 8. 1990, 5;30 P,M, Councilman Pickler. The agenda notes that signs are to remain as they are existing. He asked for clarification if that was the action taken by the Planning Commission. Annika Santalahtt. That was picked up from the action agenda. When she prepared the resolution, she did not pick that up. The Commission specifically deleted another condition, but the condition Mr. Sobodos referred to, Condition no. 16, does impose a limitation on the sign size. The Commission may have intended that and it was not clear enough. This is a Use Permit approved for three years which she believes ties into the lease of the property. Dave Sobodos. They are purchasing the property, but it is based on the widening of I-5. Annika Santalahti. Her recollection was that the Commission was concerned and did want the monument type sign rather than free standing. Under the three year regulation, when the three years are over, the sign issue would be readdressed at that time. Councilman Pickler. I{e explained for Mr. Sobodos that they could let him use it as it is now and in three years he would have to come back. At that time they might want him to go to a monument sign or downstze the sign or leave it as is. Councilwoman Kaywood. She pointed out in the staff report that staff considered the use to be inappropriate and incompatible with the emerging business center, recommending that it not be approved. Councilman Pickler. In talking to Planning Department Staff and the Traffic Engineer, Paul Singer, they did not feel it was going to affect the area that much. His (Pickler's) concern was relative to traffic. John Lower, Principal Traffic Engineer. Caltrans is proceeding with the widening of I-5 a~ far as alignment. There is accurate information on what parcels would be involved, but not accurate information on how much of those parcels would be affected. He also believes that the Environmental Impact Report for the widening project has been approved. Councilman Daly. He shares Councilwoman Kaywood's concerns. He is not certain it is compatible with what they are trying to do in the area on both sides of the freeway. Donald L. Baggett, 230 Morning Canyon Road, Corona Del Mar. During the nine months the property has been on the market, 468 48 City Hall, Anaheim, California - COUNCIL MINUTES - May 8. 1990. 5:30 P.M. there have been hotel, office building and restaurant developers as well as others all showing an interest until they are =old of the short period of life for the property due to the widening of I-5 and Anaheim Boulevard. From the plans he has seen, it will be a total taking of the property if the freeway is widened to 12 lanes and with the widening of Anaheim Boulevard. Only the buyer present this evening, using the existing buildings and with minor changes, sees it as a viable investment. It will keep the property from becoming a blight in this highly visible freeway location. If not, most likely it will sit vacant and abandoned. He relayed instances of trespassing on the property since it has been vacant. The short term use is a practical one and will keep the property occupied, maintain a revenue stream for the City and reduce the chances for more vandalism. It will keep the area neat, clean and landscaped until widening of the COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council approved the negattv~ 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. 90R-161) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-161 for adoption, granting Conditional Use Permit No. 3250, subject to City Planning Commission Conditions, but that the present sign be allowed to remain as is on the property (deleting Planning Commission Gondltion No. 16). Refer to Resolution Book. RESOLUTION NO.. 90R-161: A RESOLUTION OF T~£ CITY COUNCIL OF T~E CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3250. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly ABSTENTIONS: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None 469 45 City Hall, Anaheim, California - COUNCIL MINUTES - May 8, 1990, 5;30 P,M, The Mayor declared Resolution No. 90R-161 duly passed and adopted. 179; PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3255 AND MITIGATED NEGATIVE DECLARATION: OWNER: L.W. Howard c/o Tarsadia 650 Towne Center Drive, #190 Costa Mesa, California 92626 AGENT: Farano and Kteviet 100 South Anaheim Boulevard, Suite 340 Anaheim, California 92805 LOCATION/REQUEST: The property is located at 1752 South Clementtne Street (0.72 acre on the east side of Glementine Street approximately 310 feet north of the centerline of Katella Avenue). The request is to permit a 130-room, 6-story hotel. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3255 GRANTED (PC90-71) modifications to Monitoring Program; bus bay to be provided within the vicinity of the project to accommodate hotel shuttle buses. (6 yes votes, 1 absent); approved Negative Declaration. HEARING SET ON: A review of the Planning Commission decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of April 17, 1990, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bullettn April 26, 1990 Posting of property April 27, 1990 Mailing to property owners within 300 feet - April 26, 1990 PLANNING STAFF INPUT: See staff report to the Planning Commission dated March 26, 1990. City Clerk Leonora Sohl. A letter dated May 8, 1990, has been received from Farano and Kleviet, Attorneys for the applicant, requesting a continuation of the public hearing to June 19, 1990, in view of the recent 45 day moratorium imposed on projects within the CR area. Mayor Hunter asked if anyone was present opposed to the request for continuance; there was no response. MOTION: Councilman Hunter moved that the public hearing on Conditional Use Permit No. 3255 and Mitigated Negative Declaration be continued to Tuesday, June 19, 1990. Councilman Daly seconded the motion. MOTION CARRIED. 179; PUBLIC HEARING - RECLASSIFICATION NO. 89-90-48. WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO, 3253 AND NEGATIVE DECLARATION: 470 46 City Hall, Anaheim, California - COUNCIL MINUTES - May 8, 1990, 5;30 P,M, OWNERS: AGENT: Center Park Investments N.V. 333 City Boulevard West, #501 Orange, California 92668 De Beikes Investment Company 2300 Mtchelson Drive, #200 Irvine, California 92715 LOCATION/REQUEST: The property is located at 1521 North Imperial Highway (4.4 acres located north and west of the northwest corner of La Palma Avenue and Imperial Highway. The request is for a change in zone from RS-A-43,000 (SC) to CL (SC); and to permit a commercial retail center with a semi-enclosed restaurant with "on-sale" alcoholic beverages, with waivers of minimum number of parking spaces, minimum structural setback adjacent to Imperial Highway and prohibited roof mounted equipment. ACTION TAKEN BY THE pLANNING COMMISSION; Reclassification No. 89-90-48 GRANTED (PC90-76) (6 yes votes, 1 absent). Waiver of code requirement GRANTED. Conditional Use Permit No. 3253 GRANTED (PC90-77) with an additional condition requiring reciprocal access easements on both driveways to go with the land; Negative Declaration approved. PUBLIC HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Ehrle and Councilwoman Kaywood at the meeting of April 17, 1990, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 26, 1990 Posting of property April 27, 1990 Mailing to property owners within 300 feet - April 26, 1990 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 26, 1990. APPLICANT'S STATEMENT: Dick De Beikes, De Beikes Investment. This is a complicated piece of property. There is a long term lease on the property with Knollwood Restaurant. They have been working with several items trying to address those to get a property that works for all parties concerned with the site, Knollwood Restaurant, Union Federal Savings and Cinemapolis Theatre. It requires a lot of compromise on all parts. Until the last couple of weeks he thought they had a site plan that met everyone's needs. He found out that the needs of Mr. Sanborn (Cinemapolis) were still not addressed. He is, therefore, going to request a continuance of the public hearing. They have worked hard with Mr. Sanborn in the last few weeks to come up with a site plan alternative. He would like to submit a conceptual plan so that the Council can see it tonight, but then would like a continuance for a few weeks. They want to find out from the Council if there are 471 43 City Hall, Anaheim, California - COUNCIL MINUTES - May 8, 1990, 5;30 P,M, specific issues, since the Council requested a review of the item. Mayor Hunter. He feels that Mr. De Beikes has addressed the issue - that he is going to work with his neighbors. If there is no one in the audience who objects to a continuance, that would be appropriate. The concern of the Council is that the developer work with Mr. Sanborn and other retailers. The Council knows that ingress and egress off of La Palma and Imperial are horrendous. Councilwoman Kaywood. The setback adjacent to Imperial is required to be 50 feet and the request is for 21 feet. She has a big problem with that. Councilman Pickler. He wants to eliminate any look of a strip center. It is a prime area and he wants it to remain that way. Bruce Sanborn/Ctnemapolts. The plan the applicant worked out in the last couple of weeks is the plan they had hoped for when Cinemapolts was built. It is an open feeling, but to get that feeling they need Knollwood to be in the setback, as well as another building. It makes the two parcels look like one. It is complicated since there would have to be a land swap, so that Cinnemapolts ends up with parking in a different configuration, so that they can build where the theatre land is now, and in order to make it look like one center. They are pleased with the new plan. MOTION; Councilman Hunter moved to continue the public hearing on Reclassification No. 89-90-48 and Conditional Use Permit No. 3253 to Tuesday, June 5, 1990. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 179; ITEMS BI ' B~ FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 19. 1990 DECISION DATE; APRIL ~6, 1990; INFORMATION ONLy - APPEAL PERIOD ENDS MAY 11. 1990; Bi, VARIANC~ NO, 4043, CATEGORICALLY EXEMPT, CLASS OWNERS: James and Doris Taylor, 1461 West Beverly Drive, Anaheim, California 92801 LOCATION: 1461 West Beverly Drive. Property is approximately 0.2 acre located at the north side of Beverly Drive and approximately 105 feet east of the centerltne of Meadowbrook Place. Waiver of minimum side yard setback to construct a room addition to an existing single family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4043 APPROVED (ZAg0-21). 472 44 City Hall, Anaheim. California - COUNCIL MINUTES - May 8. ~990, 5;30 P.M. REPORT AND RECOMMENDATION; B2, VARIANCE NO. 3924 - REOUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Brinkley Hulin, 820 North nickel Street, Anaheim, California 92805 LOCATION: 820 North Dickel Street. Petitioner requests an extension of time to comply with conditions of approval. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Extension of Time on Variance No. 3924 GRANTED, until March 23, 1991. END OF THE ZONING ADMINISTRATOR ITEMS. B3. VARIANCE NO. 3746 REQUEST FOR EXTENSION OF TIME: REQUESTED BY: Farouk J. Kubba, Diversified Projects, Incorporated, 23201 Lake Center Drive, Suite 200, E1 Toro, California 92630 LOCATION/REQUEST: The property is located at 1925 West Lincoln Avenue. The petitioner is requesting an Extension of Time on Variance No. 3746 due to delays in obtaining financing. Variance No. 3746 is to permit waiver of maximum fence height, maximum structural height and minimum distance between buildings to construct a 184-unit, 38-foot high, 2 to 4-story apartment complex. This matter was continued from the meeting of April 24, 1990 to this date to allow staff time to review revised plans. Annika Santalahti, Zoning Administrator. The Council received a staff report that is supplemental to the time extension staff report in which staff recommended that the time extension be granted, subject to modifications reflective of the new Deck Ordinance adopted after the project was approved. In the May 1, 1990 supplemental report, she indicated that the unit count decreased. The architect for the developer is in the audience and can clarify it is still a 184 unit project. Other changes relate to the change in the distribution of bedroom types resulting in a smaller square footage over all, a smaller site coverage and modification in the parking requirements. As a result, there is an increase in the property line setback from the north from &O £eet, adding a parking bay £or about a 60 £oot ~etbaek. Overall ~arking space is increased from 460 to 491. It is a slightly less intense project. Staff recommends that the revised plans be considered consistent with the original approval on this project. Councilman Daly wanted to know if the developer had done anything else in the City. Phtlltp Turhorst, Architect with McLaren, Vasquez and Partners, the original architect. The new developer and his partners, to his knowledge, have not 473 41 City Hall. Anaheim, California - COUNCIL MINUTES - May 8. 1990. 5:30 P.M. built anything in Anaheim. The project did not change when the ownership changed. It is essentially the same project. The decrease in the number of bedrooms came about as a marketing perception by the new client, that there should be fewer three bedroom units, since they would be more difficult to rent. The project is three levels of apartments over one level of basement garage. There are varying levels along the western portion which abuts the single family homes. That is the lower portion of the building where there are two levels, town homes over the basement garage. Councilman Daly. He remembers following the project when it came to the City. There were many things he did not think were good about the project at that time, including the need for a traffic light; Mayor Hunter stated he believed the Council voted for a traffic light, since that was a main point of contention. Councilman Daly. He is going to vote against the extension. It is a big project on an important piece of land. He feels that steps can be taken to improve the project. He cannot support the project as proposed. Councilman Pickler. Before making a final decision, he would like a presentation by the Planning Department relative to the project. He recalls at the time it was approved that they were not going to deviate from the finaI plan. Councilman Daly moved to continue the request for an extension of time on Variance No. 3746 for 30 days or to June 5, 1990, in order to receive a status update on the project from staff. Before a vote was taken, Annika Santalahtt surmised that what the Council would like to see is to have the architect/property owners submit a site plan more clearly understood. Councilwoman Kaywood. With the decrease of the 57 bedrooms, she wonders with less people density if it would take away the need and agreement that there be an additional traffic light which is a problem on Lincoln. Annika Santalahti. Staff will look at that as well. She does not believe that that reduction would be great enough, because of the residents' concern, and that condition was added at the Council meeting in response to the residents' concerns. The applicant has not indicated that they desire to change that. Councilwoman Kaywood. If access can be taken out to Muller Street it would also take away from congestion and traffic on the residential street to the west. Annika Santalahtt. A modification like that would be greater than what they have submitted. 474 City Hall, Anaheim. California - COUNCIL MINUTES - May 8. 1990. 5:30 P.M, City Attorney White. This request for an extension of time is not, nor should it be, a public hearing. If the extension is denied and the apRlicant wishes to proceed with the project or a modified version they would need to file a new application which would require a new public hearing. The only issue now or if it is continued to another time would be whether or not the Council wishes to grant an extension of time based upon the same general project previously approved, or whether there has been a change in circumstances, which would now indicate an extension should be denied and any new project would require a new application. The continuation would not be a public hearing but a presentation by staff and based on the information given, the Council could grant or deny the extension. A vote was then taken on the foregoing motion. MOTION CARRIED. 179: ORDINANCE NO, 5127 - ADOPTION: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5127) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Daly offered Ordinance No. 5127 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5127: 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. 88-89-36, 318 South Lemon Street, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance No. 5127 duly passed and adopted. 108; APPLICATION FOR POOL ROOM PERMIT - 1827 WEST KATELLA AVENUE: Application for a Pool Room Permit submitted by Alberto Flores to operate a pool room with three pool tables at 1827 West Katella Avenue. Submitted was report dated May 1, 1990 from the Code Enforcement Division, recommending that the applicant be allowed to maintain the pool tables at his business establishment. Mayor Hunter. There is a recommendation of approval by staff and the Police Department reports no problem after their investigation. Joel Ftck, Planning Director. The three pool tables have been there and have been in operation since 1987. A check was run through the Police Department 475 39 City Hall, Anaheim, California - COUNCIL MINUTES - May 8, 1990, 5;30 P,M, and there is no problem. Annika Santalahti, Zoning Administrator. She confirmed for Councilman Pickler that the location is on the north side of Katella on the northeast corner of Easy Way and Katella, opposite the City of Garden Grove. City Attorney White also confirmed that a Pool Room Permit is revocable for violation of any law or City Ordinance, or if it is conducted in any manner that would be detrimental to the City. MOTION: Councilman Hunter moved to approve the application for a Pool Room Permit submitted by Alberto Flores to operate a pool room with three pool tables at 1827 West Katella Avenue. Councilman Ehrle seconded the motion. MOTION CARRIED. 106/150; FEEDBACK FOUNDATION EMERGENCY FUNDING REOUEST: To consider using Council Contingency Funds to provide the Feedback Foundation a one-time emergency grant of $17,000. Submitted was report dated April 30, 1990 from Chris Jarvi, Director of Parks, Recreation and Community Services, recommending that the Council consider utilizing Council Contingency Funds to provide the Foundation with the funds needed for the two TLC (Transportation,' Lunch and Counselling) sites in Anaheim, to assist in the foundation's total program deficit of $200,000. Funds are being requested not only of Anaheim, but the County and other cities in order to prevent the nutrition programs from being eliminated for the month of 3une. Mayor Hunter acknowledged the contingent of seniors who were present in the Chamber audience on the issue. Councilman Hunter moved to allocate $17,000 from Council Contingency Funds to provide Feedback Foundation a one-time emergency grant as requested. Councilman Pickler seconded the motion. MOTION CARRIED. ITEMS OF pUBLIC INTEREST; Bill Ericson, 301 East North Street. Saturday, May 5, 1990, he drove along with John Poole, the Code Enforcement Manager, during a clean up campaign to rid the City of graffiti. He explained for the Council what the program entailed and how successful and positive it was. Sharon Ericson, President, Anaheim Municipal Employees Association. She asked for clarification on Item All on today's agenda relating to the proposed ordinance regarding limiting smoking in the Civic Center. City Attorney White clarified that the ordinance was not adopted tonight, but only given first reading. It will be on next Tuesday's Council Agenda unless staff is instructed otherwise. 114/173: FEASIBILITY OF EXPEDITING CITY'S MAJOR TRANSPORTATION IMPROVEMENTS: Councilman Daly. He has discussed with staff the prospect of the City taking 476 Cttv Hall. Anaheim. California - COUNCIL MINUTES - May 8. 1990, 5;30 the lead on some very important projects to Anaheim such as the rebuilding of the various interchanges along the I-5 corridor. Caltrans cannot say with any certainty when it will start buying up the necessary right-of-way to widen and rebuild the freeway including the major bridge and intersection projects the City so desperately needs at Katella, Harbor, Lincoln and Euclid, just as examples. There is a collective "wish list" for those transportation improvements which takes years to design, engineer and construct. He is suggesting that Anaheim fund the money rather than waiting years. He is recommending also that staff evaluate the feasibility and report back as to how it might take place, a key being is Galtrans willing to agree to pay Anaheim back on any money spent. Mayor Hunter. He feels it is a good idea to have staff come back with such a report. Staff could first indicate their priorities. Pacifico and Grescent are two other improvements that are critical, especially Pacifico, since it is such a critical part of the whole CR Zone among the Convention Center, Disneyland and the Stadium and the prospective Arena. Council Members Kaywood and Pickler agreed that a key element in getting some of these improvements accomplished is the passage of Propositions 108, 111 and 116 on the 3une ballot. ADJOURNMENT; Councilman Hunter moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (7:50 p.m.) LEONORA N. SOHL, CITY CLERK 477