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1990/11/06City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was postea at 3:35 p.m. on November 2, 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 pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al.. Orange County Superior Court Case No. 44-81-74. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To meet with its Negotiator regarding the possible lease or sale of land located at 1566 South Douglass Road, Anaheim California, to Ogden Financial Services Inc. or other entity for a multipurpose sports and entertainment arena. e. To confer with its attorney regarding potential litigation pursuant ko Government Code Section 54956.9(b) (1). f. 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. 1036 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990f 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. (5:47 p.m.) INVOCATION: Pastor Stan Quebe, Zion Lutheran Church, gave the Invocation. FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Zonta Day in Anaheim, November 8, 1990, Young Readers Day in Anaheim, November 14, 1990, Family Week in Anaheim, November 18 - 24, 1990. Jo Anne Liccardo, accepted the Zonta Day proclamation. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council congratulating Mrs. Sally White - Recipient of the 1990 California Association of Realtors Community Service Award for the State of California. Mrs. White was presented with the declaration by Councilman Ehrle. 119: DECLARATION OF COMMENDATION: A Declaration of Commendation was unanimously adopted by the City Council and presented to Mr. Don Scoggins, Marketing and Community Relations, Westec Security, Inc., commending his company for the inception of "It's Bad" Drug-free Workplace Program. 119: DECLARATION OF COMMEMORATION: A Declaration of Commemoration was unanimously adopted by the City Council designating November 15, 1990, as the official commemoration of the tenth anniversary of the Refugee Act of 1980. The declaration was presented to Diane Horrisberger. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing Jo Ann Barnett for her commitment to community activities. The declaration was previously presented to Mrs. Barnett and tonight ratified by the City Council. MINUTES: Councilman Pickler moved to approve the minutes of the regular meetings held August 21, September 25, October 2, October 9 and the Special Meeting of September 14, 1990. Councilman Ehrle seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,313,543.34 for the week ending October 19, 1990; $2,113,912.55 for the week ending October 26, 1990; and $3,566,625.57 for the week ending November 2, 1990, in accordance with the 1990-91, budgets were approved. 1037 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Manager. (Resolution Nos. 90R-387 through 90R-397, for adoption) Councilman Hunter moved to waive reading of the Resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter, seconded by Councilman Pickler, 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-387 through 90R-397 for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Mark Christopher Caywood for bodily injury sustained purportedly due to actions of the City on or about April 27, 1990. b. Claim submitted by Homer D. Lassley for bodily injury sustained purportedly due to actions of the City on or about June 25, 1990. c. Claim submitted by Southern California Gas Company (File No. Z-243788-35-MG) for property damage sustained purportedly due to actions of the City on or about August 2, 1990. d. Claim submitted by Pacific Inland Constructors Corporation (Main Action: Irene Leibowitz vs. City of Lakewood, et al.) for indemnity sustained purportedly due to actions of the City on or about August 15, 1990. e. Claim submitted by Ronald E. Mullen for property damage sustained purportedly due to actions of the City on or about July 14, 1990. f. Claim submitted by Sherry Kepner for property damage sustained purportedly due to actions of the City on or about August 27, 1990. g. Claim submitted by Anar Francis, by and through his Guardian Ad Litem, Samira Francis for bodily injury sustained purportedly due to actions of the City on or about March 23, 1990. h. Claim submitted by Dion Drake Starr for bodily injury sustained purportedly due to actions of the City on or about September 5, 1990. i. Claim submitted by George & Pat Simmons for property damage sustained purportedly due to actions of the City on or about September 17, 1990. j. Claim submitted by John Croy for bodily injury sustained purportedly due to actions of the City on or about August 16, 1990. 1038 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. k. Claim submitted by Kathy Carpenter for property damage sustained purportedly due to actions of the City on or about August 23, 1990. 1. Claim submitted by Denise Wallace for bodily injury sustained purportedly due to actions of the City on or about June 7, 1990. m. Claim submitted by Robin Viles for property damage sustained purportedly due to actions of the City on or about September 19, 1990. n. Claim submitted by Rex Churan for bodily injury sustained purportedly due to actions of the City on or about September 14, 1990. o. Claim submitted by Joan E. Zimmerman for property damage sustained purportedly due to actions of the City on or about September 15 through September 19, 1990. p. Claim submitted by David Welch for property damage sustained purportedly due to actions of the City on or about September 20, 1990. q. Claim submitted by Donald Russell for property damage sustained purportedly due to actions of the City on or about September 20, 1990. r. Claim submitted by Stephanie M. Pennington for property damage sustained purportedly due to actions of the City on or about September 20, 1990. s. Claim submitted by Christopher T. Migliori for property damage sustained purportedly due to actions of the City on or about September 20, 1990. t. Claim submitted by Tim Marshal for property damage sustained purportedly due to actions of the City on or about September 20, 1990. u. Claim submitted by Andrew Kruse for property damage sustained purportedly due to actions of the City on or about September 20, 1990. v. Claim submitted by Patricia Cooper for property damage sustained purportedly due to actions of the City on or about September 20, 1990. w. Claim submitted by KiHo Choi for property damage sustained purportedly due to actions of the City on or about September 20, 1990. x. Claim submitted by Mason Carlton for property damage sustained purportedly due to actions of the City on or about September 20, 1990. y. Claim submitted by Jon Carley for property damage sustained purportedly due to actions of the City on or about September 20, 1990. z. Claim submitted by Martha B. Wilson for bodily injury sustained purportedly due to actions of the City on or about September 10, 1990. 1039 City Hall, Anaheimt California - COUNCIL MINUTES - November 6t 1990, 5:30 P.M. aa. Claim submitted by Ann-Marie Dennis for property damage sustained purportedly due to actions of the City on or about October 3, 1990. bb. Claim submitted by Steven C. Baugh for property damage sustained purportedly due to actions of the City on or about September 20, 1990. cc. Claim submitted by Larry A. Bivens, Jr. for property damage sustained purportedly due to actions of the City on or about September 20, 1990. dd. Claim submitted by Joan Claire Kisker for bodily injury sustained purportedly due to actions of the City on or about September 15, 1990. Application for Leave to Present Late Claim - Denied: ee. Claim submitted by Roberto Laurian for bodily injury sustained purportedly due to actions of the City on or about January 3, 1990. A2. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held August 22, 1990. 105: Receiving and filing minutes of the Public Utilities Board meeting held September 20, 1990. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held September 26, 1990. 105: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of September, 1990. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held October 3, 1990, and October 24, 1990. A3. 169: Awarding a contract to the lowest and best responsible bidder, Nobest, Inc., in the amount of $104,462.60 for Lincoln Median Islands Improvements. (Continued from the meeting of October 16, 1990, Item A6.) A4. 165: Approving a Notice of Completion of the construction of Lincoln Avenue Sidewalk Improvements by Nobest, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 169: Approving a Notice of Completion of the construction of Brookhurst Street Improvements by Vernon Paving Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 164: Approving a Notice of Completion of the construction of Cerro Vista Way Storm Drain by Heritage Construction Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A7. 150: Awarding the contract to the lowest and best responsible bidder, J.H. Rives Company, in the amount of $50,041 for the base bid and additive alternates 3, 4, and 5 for the Glover Stadium Concession Stand Rehabilitation; and approving an appropriation in the amount of $50,041 from the Park Sites 1040 City ~all, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. and Playground account balance (Fund 16) for the project amount. AS. 150: Awarding the contract to the lowest and best responsible bidder, Cunningham Davis Corporation, in the amount of $37,181 for Stoddard Park Play Equipment Replacement. A9. 176: RESOLUTION NO. 90R-387: A RESOLUTION OF THE CITY COUNCIL OF TEH CITY OF ANAHEIM VACATING KENSINGTON AVENUE AND TEMPLE STREET AND AMENDING RESOLUTION NO. 90R-188, NUNC PRO TUNC (89-4A). Al0. 176: RESOLUTION NO. 90R-388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (90-16A) (Setting a date for public hearing to consider abandoning a public utility easement for electrical facilities located approximately 285 feet north of Lincoln Avenue, and west of Magnolia Avenue - 2625 West Lincoln Avenue - suggested public hearing date: December 4, 1990.) Ail. 149: RESOLUTION NO. 90R-389: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESTRICTING PARKING ON CERTAIN STREETS TO PERMIT PARKING ONLY. (Resident-only permit parking on the following streets: the north and south side of Stoneybrook Drive from Western Avenue to Parkview Street; the west side of Parkview Street from Orange Avenue to Stoneybrook Drive; the north and south side of Parkview Circle west of Parkview Street to its westerly terminus; the east and west side of Westhaven Circle south of Westhaven Drive to its southerly terminus; and the north, south, east and west side of Westhaven Drive west of Parkview Street north of Stoneybrook Drive.) This item was pulled from the Consent Calendar for further discussion. end of Consent Calendar.) (See Al2. 164: Approving Contract Change Order No. 1 in the amount of $94,358.49 in favor of R.J. Noble Company, for Miraloma Avenue Street and Storm Drain Improvements. A13. 151: Approving an Encroachment License Agreement with Grin~nway Development, Limited, for an encroachment license of sidewalk onto a sewer easement located east of Euclid Street, near Glenoaks Avenue. A14. 101: Supporting participation in the event site coalition on behalf of the Stadium, Convention Center and Arena to conform to proposed AQMD Regulation 2E, and approving appropriation from the Council Contingency Funds in the amount of $7,500 to support the effort. Al5. 137: RESOLUTION NO. 90R-390: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF FIRST AMENDMENT TO FIRST INSTALLMENT SALE AGREEMENT, FIRST AMENDMENT TO TRUST AGREEMENT. (Amendments - California Lutheran Homes Project $6,000,000 Certificates of Participation, June 1987.) Al6. 123: Approving a Decommissioning Trust Fund Agreement with the Bank of California to act as Trustee for Units 2 and 3 at the San Onofre Nuclear Generating Station. 1041 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. Al7. 170: Approving the assignment of interest in the eight reimbursement agreements with the following: Warmington (Tract 8463), Warmington (Tract 8465), Robin Hill (Tract 10410), Canyon Heights (Tract 9602), Pennridge Corp (Tract 10409), Chaparral (Tract 12658), Boulevard Der (Tract 10969), Boulevard Der (Tract 10970). Interest in all eight agreements is currently owned by Municicorp of California who wishes to assign its rights to Fred Hesemeyer, John D. Moylan, Barry F. Bone, Lyle Under, Golden Gate Restaurant Association, Edith M. Colianni, and Grace and Henry Rumison. Al8. 137: RESOLUTION NO. 90R-391: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PREPARATION, EXECUTION, SALE AND DELIVERY OF NOT TO EXCEED $46,000,000 AGGREGATE PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION, APPROVING A TRUST AGREEMENT, INSTALLMENT PURCHASE AGREEMENT, PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. (City Utilities Building.) Al9. 175: Approving a two-year lease with Woodbridge Village, in the amount of $800 per month for the first year, and $840 per month the second year, for approximately 700 square feet of office space for the Utilities Department at 50 South Anaheim Boulevard, and authorizing the Public Utilities General Manager to execute said lease. A20. 123: Approving a Second Addendum to Agreement with POD/Sasaki, in the amount of $4,410 for planning services for revisions to the Recreation and Trails Elements of the Anaheim General Plan, and authorizing the Mayor and City Clerk to execute said addendum. A21. 123: Waiving Council Policy 401 and approving an agreement with Elliott/Maloney Landscape Architects, in an amount not to exceed $15,150 for professional design services for the City's portion of The Summit Parksite Development, and authorizing the Mayor and City Clerk to execute said agreement.. A22. 144: RESOLUTION NO. 90R-392: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR COMMUNITY-WIDE DRUG AND ALCOHOL ABUSE PREVENTION PROGRAM COORDINATION. (Orange County Substance Abuse Prevention Partnership.) A23. 123: Approving an Amended and Restated Lease Agreement with Savanna School District in order to lease a portion of Twila Reid School for park purposes, and authorizing the Mayor to sign and the City Clerk to execute said agreement. A24. 105: RESOLUTION NO. 90R-393: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ENCOURAGING MULTI-CULTURAL LEARNING EXPERIENCES IN ANAHEIM. (Recommended by the Youth Commission as part of the Vision 2000 Strategy/action at their meeting of October 10, 1990.) A25. 156: RESOLUTION NO. 90R-394: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO ACCEPT DONATIONS ON BEHALF OF THE CITY FOR USE IN THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM. (D.A.R.E.) 1042 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. A26. 156: Approving an increase of $112,500 in the Police Department's Property Crime Program Revenue Account #17-3163 awarded from the California Community Crime Resistance Program Grant; increasing expenditures by $36,865 in Code Enforcement Program 169 and $75,635 in Police Community Services Program 192; and authorizing the Chief of Police to execute the grant on behalf of the City. A27. 123: Approving an agreement with the Orange County Homeless Issues Task Force, in the amount of $5,000 to be used to defray some staffing and operational costs incurred for services provided, and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. A28. 123: Approving an agreement with Hope House, Inc., in the amount of $9,500 to employ a counselor who will provide structural and group counseling regarding substance abuse for low and moderate income young adults, and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. A29. 123: Approving an agreement with Hope House, Inc., in the amount of $22,000 for outreach efforts to junior and senior high schools and to community groups regarding substance abuse, and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. A30. 177: Approving an application by the Housing Authority for funds under Section 8 of Title II of the Housing and Community Development Act of 1974, and authorizing the Mayor to sign the compliance review letter. A31. 106: Approving an amendment to the FY 90/91 Resource Allocation Plan by transferring $26,165 from Community Development Block Grant Contingency Account #25-215-6798 to the City's Code Enforcement budget, Accounts #25-169-6340 ($20,000) and #25-169-4120 ($6,165), for use in a bulky item trash pick-up program. A32. 123: Waiving Council Policy 306 and authorizing the Data Processing Director to enter into a purchase agreement with Bell & Howell Corp., in the amount of $38,845 (plus freight and installation charges) for a hardware upgrade to the City's existing forms inserting machine. A33. 123: Approving an agreement with Michael Brandman Associates in an amount not to exceed $29,744 for professional services in connection with the preparation of environmental documentation for Disney's second gate theme park project; and approving a Reimbursement Agreement with Disney Development Corporation to recover the City's cost for consultant services and administrative expenses incurred by the City for the initial preparation of the Scope of Services, and authorizing the Mayor to execute said documents. A34. 153: RESOLUTION NO. 90R-395: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-366 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (To ~ange the salary range for the position of Assistant City Attorney, Redevelo~ent, effective November 9, 1990.) 1043 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. 153: RESOLUTION NO. 90R-396: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-365 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. (To add the position of Principal Transportation Planner, effective November 9, 1990). A35. 153: RESOLUTION NO. 90R-397: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES Ol~ INTERESTS THEREIN. A36. 158: Receiving and filing the Statistical Report Summary ending September 30, 1990, as submitted by the Building Division. A37. 150: Approving Contract Change Order No. 2 in the amount of $72,953 in favor of Hondo Company, Inc., and approving an additional appropriation in the amount of $72,953 from the Park Sites and Playground account balance (Fund 16) for the Change Order amount. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-387 through 90R-397, with the exception of Resolution No. 90R-389, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. Ail. 149: REQUEST FOR "RESIDENT ONLY" PERMIT PARKING: Submitted was report dated October 30, 1990 from the Director of Public Works and City Engineer, Gary Johnson, recommending that the Council agree to the subject on the streets indicated in his report. Mayor Hunter asked if a fee is being charged. Paul Singer, Traffic Engineer. The only charge is the cost for administering the program which is a $10 one time fee per car. If the permit is destroyed or a new card requested there will be another fee. Mr. George Hurtarc~ 3187 Woodhaven Drive. He realizes the residents closer to Tw£1a Re~d ~ar~ have a problem. He is not opposed to the restriction of parking but is opposed to the $10 fee. He does not feel a person in this country should have to pay a fee to own a car. Many people in the tract are on a limited income. If the fee is $10 now, he is concerned that it will escalate in the future. Russ Till, 3191 West Haven. He also does not understand why there has to be a fee. Originally a petition was circulated and everyone signed it because there was no fee. Subsequently another petition was circulated when it was determined there would be a fee and some residents signed that petition. The residents heard nothing until tonight's meeting. Perhaps another letter could be sent to the area. 1044 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. Councilman Daly. He asked if it was clearly indicated on the initial letters sent to the residents that there would a one time fee. Paul Singer. He explained that staff and the City does not seek permit parking areas. Citizens who wish to have such an area established take it upon themselves and circulate a petition which has to conform to Council Policy (CP 217). Seventy-five percent of the affected property owners must agree. How the petition is presented and under what circumstances it is signed is not known by staff. If the petition meets the Council Policy, it is then brought to the Council's attention. With the costs involved in installing the necessary signs and administering the program, the $10 fee does not begin to recover the cost which involves a great deal of staff time. It is merely a token payment by the property owners who wish to have the program established in their area. The City does not solicit the program. He noted the map posted on the Chamber wall showing the people who signed in green dots and those opposed in orange dots which is in excess of 80% of the residents favoring permit parking - only 75% is required. Councilman Pickler asked if this was the same program used near the Convention Center. Mr. Singer answered no. It is quite different because the program is administered by the Convention Center but there is one such program at Kaiser Hospital on Lakeview and there is one other area in the City. There are only two areas under such a program plus the Convention Center area. Ruth Davis, 3188 West Haven. She asked if a resident does not park their car on the street in front of their home but instead in the driveway or garage, is it necessary to have a permit. Mr. Singer answered no. The permit is just for street parking. Glen Keel, 3144 West Parkview Circle. He started the petition for restricted parking because of the situation along Twila Reid Park. He explained some of the incidents that occur in the area as well as the great deal of litter left behind. He understands the concern of the people who live further away from the park. However, once restricted parking is instituted around the park, vehicles will start parking further into the residential area and those residents will then be confronted with the same problem. He initially went to the Orange County Health Department because of some of the problems occurring which are a detriment to public health and they recommended that he bring the issue to the City Council to get it resolved. The $10 is a one time fee. If the residents can afford to live in that area, they should be able to pay $10 per car. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-389) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. 1045 City Hallr Anaheim, California - COUNCIL MINUTES - November 6r 1990~ 5:30 P.M. Councilman Pickler offered Resolution No. 90R-389 for adoption. Refer to Resolution Book. RESOLUTION NO. 90R-389: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESTRICTING PARKING ON CERTAIN STREETS TO PERMIT PARKING ONLY. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution No. 90R-389 duly passed and adopted. Before concluding, Councilman Daly recommended that in the future staff submit a report to inform the Council on how restrizted parking is working in those areas where the program is in place. 105: YOUTH COMMISSION RESIGNATION - RECRUITMENT: Councilwoman Kaywood moved to accept the resignation of Youth Commissioner, Janet Jo, as recommended by the Youth Commission, and moving alternate Michelle Ahnn to appointed Commissioner, leaving the position of third alternate to be filled. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood suggested that the City Clerk advertise for more commissioners since at this time there is no one left to choose from to cover the alternate position. 127: CERTIFICATE AS TO THE SUFFICIENCY OF PETITIONS - MOBILEHOME RENT CONTROL INITIATIVE: Submitted was joint report dated October 31, 1990 from the City Clerk and City Attorney, recommending that the Council review the three options available regarding the Certificate as to the Sufficiency of Petitions - Mobilehome Rent Control Initiative: a) Introducing the ordinance at the regular meeting at which it is presented and adopt the ordinance within 10 days thereafter; or b) immediately order a special election to be held between 88-103 days following the date of such order; or c) order a report from staff as to the fiscal impact, consistency with the general plan, or other matters requested by the Council prior to acting on the initiative measure pursuant to Elections Code 4010. City Clerk, Leonora Sohl. She referred to letter dated November 1, 1990 received from Lois Gardner, Secretary, Anaheim Political Action Committee (APAC), requesting that the issue, because of the election, not be placed on this agenda. The City Attorney will agree the Elections Code does not leave her that option. It states that the City Clerk shall immediately present the Certificate of Sufficiency to the City Council. She also explained the situation to the President of APAC, Clarice Jackson over the telephone. Mayor Hunter noted that petitions were submitted containing approximately 22,095 signatures prima facie and that a result of the Registrar of Voters review of the signatures, the total number of valid signatures of qualified electors projects to 16,596. He then noted the three options the Council has tonight (see above). 1046 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. Councilman Pickler moved for Option c) ordering a report from staff as to the fiscal impact, consistency with the general plan, or other matters requested by the Council prior to acting on the initiative measure pursuant to Elections Code 4010 adding that he wants to know the constitutionality of the proposed ordinance. Councilman Daly seconded the motion. Before action was taken, Mayor Hunter recalled the Council had the same discussion approximately two years ago when the former petition was presented. A fiscal impact report was done at that time. The Council should stop skirting the issue and put the matter on the ballot now and let the people decide. He has spoken to the City Attorney who is of the opinion that the petition initiative is valid. Councilman Pickler. He wants the people to decide as well but he still wants an analysis prepared - the cost to the City and the constitutionality of what is being proposed. Councilwoman Kaywood agreed before instituting anything it was necessary first to know what it was going to cost the City; Mayor Hunter stated he feels it is a waste of taxpayers money to do another fiscal impact report which will allow time for park owners to bring action on the matter. He suggested that they get the report that was done previously. He also does not see why both cannot be done concurrently - if a majority of the Council wants a report that the report be updated and prepared but that an election be set at this time as well. Councilman Pickler. A Special Election will cost between $100,000 and $150,000. The last time, the fiscal impact report indicated it will cost taxpayers $500,000 to put the ordinance in place. It is important to get updated figures. The Council represents 267,000 citizens. It is not too much to ask to wait another month. Councilman Daly. His position has not changed. The City's taxpayers deserve to know what the impacts of the ordinance would be on the operations of City Government. There will be legal and fiscal impacts. Staff will have to be added. It is not a matter of denying the will of the people to vote, but it is necessary to have all the facts and figures in so that those voters can make an intelligent decision. Mayor Hunter. The Council has to be more concerned about people than things. If they do not allow the election to go forward, they are being more concerned about things than people. Councilman Ehrle asked the City Attorney if the Council can call a Special Election within the time specified (88 to 103 days) and in that time concurrently do the study to update the previous report. City Attorney White. The law requires the Council to take at least one of the three alternatives but it does not prohibit the Council from taking more than one alternative. Councilman Ehrle thereupon moved to immediately order a Special Election to be held between 88-103 days following the date of such order and concurrently order a report from staff as to the fiscal impact, consistency with the General 1047 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. Plan or other matters requested by the Council prior to acting on the initiative measure pursuant to Elections Code 4010. Councilman Hunter seconded the motion. City Attorney White. He explained since the motion offered by Councilman Ehrle is not an amended motion which would require that it be voted on first, the motions are to be voted on consecutively. Councilman Daly. He asked under Councilman Ehrle's proposal if in the legal analysis it shows there are constitutional problems, what does that do to the scheduling of the Election, i.e., if a date is set and the report indicates there are serious constitutional problems. Cit'~ Attorney White. The Council would be required to hold the election since the.~a would be no mechanism to cancel it. Councilman Daly reiterated his concern and again questioned if anyone on the Council knows what the fiscal impacts would be and didn't they want to know those impacts before scheduling an election. Mayor Hunter. The Council received such a report previously and Councilman Daly was on the Council at the time. Councilman Ehrle. He cares about the fiscal impacts and the impacts on the City. However, the people have earned the right to have an eleculon. They have again gathered the required signatures on their petition initiative and are entitled to have a Special Election. Councilman Daly. Prior to putting a wide ranging ordinance on the ballot he would think that the Council would want to know in their mind and heart that it is legal and to understand all of the impacts on City Government. The last petition was legally flawed and it would have cost the City millions of dollars. To blindly place the ordinance on the ballot would be irresponsible. Councilman Ehrle. He asked the City Attorney if in his opinion the petition initiative is legal as to form. City Attorney White. The problem with answering that question the real issue is whether or not there is a legal basis not to submit it at a Special Election. It is not the same question as to whether the initiative measure in its entirety as to each and every point would withstand constitutional scrutiny. If he were to answer that question and give a public analysis of his opinion, the difficulty would be if it is placed on the ballot he would be called upon to give an impartial analysis and, if adopted, would be called upon to defend it. If he takes a position that would in any way indicate this may be flawed publicly, that would impede his ability to represent the City in defending an action or giving an impartial analysis. He will say what he has said to those Council Members who have asked, his review at this point in time is that there is not a basis to withhold the petition initiative from the ballot which is not the same as saying it is sustainable as to each and every part. Those are very different questions. Councilman Pickler has also asked not only for the financial impact, but also the constitutionality which indirectly relates to the finances. If, for example, a provision of the 1048 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. ordinance would subject the City to hundreds of thousands of dollars in potential liability that would be reported on in his report. He would propose if that happens, that he would not issue a public report but that it would be an attorney-client privilege report back to the City Council. A vote was then taken on the amended motion by Councilman Ehrle which ordered a Special Election and concurrently ordered a report from staff as to the fiscal impact consistency with the General Plan or other matters requested by Council prior to acting on the initiative measure pursuant to Elections Code 4010 which was seconded by Councilman Hunter. The motion failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle and Hunter Daly, Kaywood and Pickler None A vote was then taken on the original motion by Councilman Pickler ordering the report from staff as well as the constitutionality of the proposed ordinance. The motion was previously seconded by Councilman Daly. The motion carried by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood and Pickler Ehrle and Hunter None City Attorney White clarified that to comply with the Elections Code, the report will be prepared and presented to the Council on November 27, 1990. 123: LETTER OF RELEASE - SUBSTITUTION OF SECURITIES BY CONTRACTOR IN LIEU OF PERFORMANCE RETENTIONS: Submitted was report dated November 5, 1990 from the Director of Public Works/City Engineer, Gary Johnson, recommending that the council authorize the City Treasurer to execute a letter of release as approved by the City Attorney and authorizing the Mayor to enter an escrow agreement with Mercantile-Safe Deposit and Trust Company of Baltimore, Maryland. MOTION: Councilwoman Kaywood moved to waive the 72-hour posting provision of the Brown Act since the necessity to act on the subject item arose after the agenda was posted. Councilman Pickler seconded the motion. MOTION CARRIED. MOTION: Councilwoman Kaywood moved to authorize the City Treasurer to execute a letter of release as approved by the City Attorney and authorized the Mayor to enter an escrow agreement with Mercantile-Safe Deposit and Trust Company of Baltimore, Maryland, as recommended in memorandum dated November 5, 1990 from the Director of Public Works/City Engineer. Councilman Pickler seconded the motion. MOTION CARRIED. 1049 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5=30 P.M. 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 90-91-09, WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO. 3324 AND NEGATIVE DECLARATION: OWNER Don Caldwell Southern Pacific 1200 Corporate Center, #100 Monterey Park, California 91754 AGENT: Ariel Valli 15375 Barranca Parkway, Suite 100 Irvine, California 92718 LOCATION/REQUEST: The property is approximately 3.3 acres located on the north side of Broadway approximately 384 feet east of the centerline of Hessel Street. The request is for a change in zone from RS-A-43,000 to ML, and to permit a self-storage faci._uy with manager's unit with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-09 granted (PC90-209) (7 yes votes). Conditional Use Permit No. 3324 granted (PC90-210) (6 yes votes, 1 no vote) no time limitation; an 8-foot monument sign; eliminate graffiti opportunities with appropriate landscaping; construct block fence and move it back 10 feet from property line; waiver of code requirement granted; Negative Declaration approved. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Daly and Councilman Pickler at the meeting of September 18, 1990. This matter was continued from the meeting of October 9, 1990, to this date at the request of the applicant. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 27, 1990. Mailing to property owners within 300 feet - September 27, 1990. Posting of property September 28, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated August 27, 1990. City Clerk Sohl reported that letter dated November 2, 1990 was received from Don Caldwell, Assistant Regional Director-Sales, Southern Pacific Transportation Company, requesting a continuance to Tuesday, November 20, 1990; however, it is not expected that a quorum will be present that date. She has not been able to get in touch with Mr. Caldwell to ask if instead November 27, 1990 would be convenient. Mayor Hunter asked if anyone was present opposed to a continuance to November 27, 1990; there was no response. The City Clerk confirmed that this was the second request for a continuance. Councilman Daly asked if the Council had an option to continuing the hearing. 1050 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. City Attorney White. He notes that representatives from Redevelopment Agency Staff were present. If not, he would have suggested continuing the hearing because staff was not present. He will have the Executive Director speak as to whether she is prejudiced by a continuance or not. Legally, the hearing has been continued once and the Council is not obligated to continue the matter again. The option would be if Council acted on it and the applicant was aggrieved by the Council's action it could always be refiled. Lisa Stipkovich, Executive Director of Community Development. The reason for the continuance was due to the opposition by the Redevelopment Commission. Council Members Daly and Pickler then requested a public hearing. Staff also indicated they needed time to meet with the applicant and they did meet. The applicant is still desirous of proceeding. Staff is not interested in re-negotiating or looking for other land uses for the site. They also made an additional presentation to the Commission as requested and the Commission still recommended denial. She did not know the applicant had asked for a continuance until about a half hour ago. She does not have any objection since they are not on any time line. It is a project the applicant is trying to get approved. Staff has not changed their opinion on their recommendation. If it gives everyone an opportunity to hear the applicant plead their case, continuing the hearing to November 27, 1990 would not be a problem with staff. Councilman Daly. This is the second request. A great deal of staff time has been given to the developer. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak. Joe White. He does not know anything about this project but it is in his "back yard". He wants to know what is being proposed since he has not seen anything on it. COUNCIL ACTION: There being no further persons who wished to speak, Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman 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 - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-398 and 90R-399) Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. 1051 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. Councilman Hunter offered Resolution No. 90R-398 for adoption, denying Reclassification No. 90-91-09; and Resolution No. 90R-399 for adoption, denying Conditional Use Permit No. 3324. Refer to Resolution Book. RESOLUTION NO. 90R-398: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO. 90R-399: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3324. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-398 and 90R-399 duly passed and adopted. 179: PUBLIC HEARING - RECLASSIFICATION NO. 90-91-12, CONDITIONAL USE PERMIT NO. 3322 AND NEGATIVE DECLARATION: OWNER: Gordon R. Hanshaw 10921 Westminster Ave., Garden Grove, CA 92683 AGENT: Karl A. Kordik 10921 Westminster Ave., Garden Grove, CA 92683 LOCATION/REQUEST: The property is located at 2897 West Lincoln Avenue. The property is approximately 1.3 acres located at the northeast corner of Lincoln Ave. and Bel Air Street. The request is for a change in zone from CH to CL, and to permit an air rifle and pistol range. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-92 granted (PC90-225) (7 yes votes); CUP No. 3322 denied (PC90-226) (6 yes votes, 1 no vote); approved Negative Declaration. HEARING SET ON: A letter of appeal was submitted by the agent, Wayne Rorick, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 25, 1990. Mailing to property owners within 300 feet - October 23, 1990. Posting of property October 26, 1990. PLANNING STAFF INPUT: See staff report to the Planning Commission dated October 10, 1990. APPLICANT'S STATEMENT: Wayne Rorick, 714 South Resh Street, Anaheim. He has previously submitted information concerning the subject 1052 City Hallr Anaheimr California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. proposal (made a part of the record). The two major goals of the proposal is (1) to bring to Anaheim 10-meter pistol and air rifle shooting as a structured recreational activity with adult supervison and guidance and, (2) to promote 10-meter air rifle and air pistol shooting in terms of competitiveness as a team and/or individual sport. As a sport of precision, 10-meter air gun matches require practice, dedication and discipline. The range will be built to international olympic committee specifications. It is not an arcade-type of establishment where unsupervised activity takes place in and out of the business. He then briefed the groups who are interested in having the business established and forming teams for competitive matches. The facility will also accommodate the need for classroom instruction. He then relayed his qualifications as an instructor in the sport. He urged approval of the request. He then answered questions posed by Council Members noting that the range will be the first of its type in Orange County, the only other such range being the facility that was built at Prado Tera in Chino for the 1984 Olympics where homes are within eye view but he does not know how far away. He also explained the difference between an air rifle shooting range and ranges using fire arms. PUBLIC DISCUSSION- IN FAVOR= T.J. Johnston, 862 Granted Circle, Chairman, Gun Owners React Committee. An air gun range is something they have been looking for for a long time. There are no such shooting facilities in Anaheim. It would provide an opportunity to train youth safely and economically with a great deal of discipline. It would be a wonderful opportunity for the youth rather than going to arcades and malls. PUBLIC DISCUSSION- IN OPPOSITION: Kathleen Egbert, 2871 Polk, directly to the north of the proposed establishment. Her south 9roperty line is 15 feet away from the establishment's north wall. This is an inappropriate location for an air gun range and ealeB ~acillty because of the high density around it. A more suitable location would be in a recreational or industrial area. Strip commercial sites should serve the needs of the neighborhood. She then submitted a partial copy of the petition she had previously submitted to the Planning Commission as evidence that it does not serve those needs nor the needs of the City of Anaheim. John Demeter, 8661 Belair. He is speaking against the proposal. The intent is a good idea but the location is wrong. In the last six months, the police SWAT Team has been in the area because of people taking pot shots at the apartments on the corner of Belair and Lincoln. Such a facility is not needed in a high density residential area. 1053 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. Andrew May, 2867 West Polk. He is concerned about value added to the neighborhood. He does not see what this proposed business would add to their residential area. It is not appropriate for the area. He is generally concerned about the overdevelopment of West Anaheim and some of the projects proposed. He asked that the Council send the developers a message that this is not an appropriate use for a residential area. Cliff Morris, 3601 Hillside Ranch Road, Chino Hills. He is speaking in favor of the proposal. He is an employee of the City of Anaheim in the Police Department. The majority of concerns expressed by the residents are focused on a misunderstanding of the actual activity. He stressed the safety and security factors built into police firing ranges which ranges do not even compare to air rifle ranges relative to levels of power. That kind of security can be provided with the proposed range. He is also familiar with the area since that is where he patrols. The proposed facility would bring in people who are responsible individuals dedicated to their hobby interests. In the City of Anaheim, the Phoenix Club operates a range and he has never heard a complaint about that facility regarding the range. The Phoenix Club will also be operating a range at their new facility. Such a facility is a better alternative recreational facility for the youth. He is someone who heard about the effort and was asked to give his opinion by Mr. Rorick. Chris Hoverson, 901 Golden Springs, E-7, Diamond Bar. He is speaking on behalf of the sport. He has been a competitive air rifle shooter since he was 10 years old. He then briefed the Council relative to the sport explaining that he is a student instructor for air rifle-air pistol use at a Physical Education class at Cal Poly Pomona. He concluded stating that the subject proposal has no flaws in terms of safety and will produce responsible rather than irresponsible activity. SUF~MATION BY APPLICANT: Mr. Rorick then rebutted or countered the comments made by the residents especially relative to their concerns with the use being in a residential area. His summation was supplemented by slides which showed the proposed place of business and surrounding area as well as addressing the noise issue. He noted that there was no opposition by the businesses in the center. Two of the businesses felt that the petition that was circulated was misleading implying that fire arms would be used. Residents are generally upset relative to the influx of medium and high density apartments in the area. There is no danger involved with the proposed use. COUNCIL ACTION: There being no further persons who wished to speak Mayor Hunter closed the public hearing. 1054 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. Mayor Hunter. The Council is not necessarily in disagreement with such a range being proposed in the City. The concern is with the location and not the issue of air-rifle guns. Councilman Ehrle. He agrees the location is the problem and feels there is a location in Anaheim where a business like this could be successful. The Phoenix Club is on a 10-acre site on private property and it backs up to a river bed, not a residential area. The proposal should come back at another time when the applicant has found a suitable location. Councilman Daly. This is not the proper location for the business; however, he believes there are many locations in Anaheim where it would be appropriate. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman 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 - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 90R-400 and 90R-401) Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-400 for adoption, denying Reclassification No. 90-91-12; and Resolution No. 90R-401 for adoption, denying Conditional Use Permit No. 3322. Refer to Resolution Book. RESOLUTION NO. 90R-400: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO. 90R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3322. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Resolution Nos. 90R-400 and 90R-401 duly passed and adopted. 1055 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. 179: ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 18, 1990 - DECISION DATE: OCTOBER 25, 1990 - INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 9, 1990: B1. ADMINISTRATIVE ADJUSTMENT NO. 0056, CATEGORICALLY EXEMPT, CLASS 5: REQUESTED BY: W. THOMAS LUNNEN, 30200 Rancho Viejo Road #1, San Juan Capistrano, CA 92675 LOCATION: 115-145 Chaparral Court Petitioner requests waiver of minimum number of parking spaces to establish an additional 5,000 square feet of office use for an existing medical office building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 56 GRANTED, unconditionally, (ZA90-104). Councilwoman Kaywood. She posed questions to staff relative to the waiver of parking spaces. Paul Singer, Traffic Engineer. The applicant is providing a 93% of the required parking. It is a very small variance of 10 spaces. Councilwoman Kaywood asked that type of information be included in the material provided the Council in their agenda packet. End of the Zoning Administrator items. 155: ORDINANCE NO. 5182 - ADOPTION: Adding Subsection .120 to Section 18.70.020 of Chapter 18.70 of Title 18 of the Anaheim Municipal Code relating to zoning (SP87-1). (Amendment No. 2 to The Highlands at Anaheim Hills Specific Plan No. 87-1). WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5182) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Daly seconded the motion. MOTION CARRIED. ORDINANCE NO. 5182: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .120 TO SECTION 18.70.020 OF CHAPTER 18.70 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SP87-1). Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter None None The Mayor declared Ordinance No. 5182 duly passed and adopted. 179: ORDINANCE NO. 5183 THROUGH 5185 - INTRODUCTION: Councilman Hunter offered Ordinance No. 5183 through 5185, both inclusive, for introduction. 1056 City Hall, Anaheim, California - COUNCIL MINUTES - November 6r 1990, 5:?0 P.M. ORDINANCE NO. 5183: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 89-90-19 located at 828 S. Western Avenue, from the RS-A-43,000 zone to the RS-7200 zone.) ORDINANCE NO. 5184: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.41.050, 18.44.050, 18.45.050, 18.46.050, 18.61.028 AND 18.63.028 OF CHAPTERS 18.41, 18.44, 18.45, 18.46, 18.61 AND 18.63, RESPECTIVELY OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CELLULAR TELEPHONE FACILITIES. ORDINANCE NO. 5185: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 90-91-11 located at 2400 E. Katella Avenue, from the CR zone to the CL zone.) 179: EXTENSION OF TIME - RECLASSIFICATION NO. 82-83-35: Requested by Farano and Kieviet, 100 South Anaheim Boulevard, Suite 340, Anaheim, CA 92805. The property is located at 300 W. Katella Avenue (Riviera Mobilehome Park). The request is for a retroactive time extension (from January 24, 1990) to expire on January 24, 1991, to comply with conditions of approval and for a change in zone from RS-A-43,000 to RM-1000. Submitted was report dated October 11, 1990 from the Zoning Administrator, recommending that the request be granted retroactive to January 24, 1990 to expire January 24, 1991. Mr. Tom Kieviet, Farano & Kieviet. They have received the staff report and concur with it but after further conversations, it was agreed since the extension proposal would expire in January, staff does not have a disagreement in extending it a year from now. He is requesting that the extension be granted for a longer period rather than just January 24, 1991. Annika Santalahti, Zoning Administrator. Answering the Mayor she stated that the extension would then be to January 24, 1992 to instead of January 24, 1991. Councilwoman Kaywood. She is concerned talking about RM-1000 which is very high density. RM-iO00 was approved for the Lincoln property (near Beach Boulevard) because £t was a former dump site. She asked if this was the only other 1,000 square-foot site. Annika Santalahti. There was perhaps one other project and that involved high-rise condominiums. Councilwoman Kaywood. There are no condominiums at 1,000 square feet which is very small. She has a concern with extending the time without looking into what is involved especially since the Council has been downzoning properties. Tom Kieviet. The RM-1000 was adopted in 1984 for the high-rise condominium project. Since that time, the property owner has had the area reanalyized to determine what would be most acceptable on that property and is coming forward with a new proposal in the near future that would incorporate both 1057 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. commercial-recreation and residential that would be consistent with the RM-1000. It was granted for high-rise condominiums but it is not anticipated that these will be built. They will be 3 or 4-stories more or less and right now they are leaning toward apartments. Councilwoman Kaywood. The area is very high density traffic and to add apartments would not be a great living environment with people trying to get in and out of their residences. Joel Fick, Planning Director. Answering questions by Council Members, he explained that one of the conditions of approval requires the recordation of a tract map and, therefore, would require that the developer come back to the City for approval. Staff has been working with the Riviera Developers on a comprehensive plan and remake of that whole development. When it came up before, the developer did not request an extension of time but now is doing so. If the time extension is not approved, it would require the property owner to resubmit another project. The site is outside of the commercial-recreation area. Councilman Daly. Relative to the decision on condominiums vs. apartments, at this point that is the decision of the developer and all the Council and staff is going to see will be the tract map. Joel Fick. Presently it is a condominium project. It has not be~.;~ discussed with staff whether they will ultimately go with condominiums or auartments. Councilman Daly. The extension of time would only affect the previously approved project. Otherwise if there is a change, the project will be coming back to staff and the Council. Joel Fick. Approval would permit this one segment of the previously approved Riviera Project which has a valid extension. It would permit this segment to theoretically be valid for one more year. Mayor Hunter. If and when the project ever gets back to the Council, the message at least from this present Council is that there be no apartments; Mr. Kieviet stated that the Mayor's comment is so noted. Councilwoman Kaywood. She is not even sure that is the whole message. Without seeing what the project is, to go ahead and approve a longer extension of time is of concern to her as well as 1,000 square-foot condominiums. She feels the location is wrong. There is a transient population in that area as well as very heavy traffic. The staff recommendation was that an extension be granted to January of 1991 and now the developer is asking that it be changed to 1992. She feels it is a mistake to do so. MOTION: Councilman Pickler moved to grant a retroactive extension of time on Reclassification No. 82-83-35 from January 24, 1990 to expire on January 24, 1992, to comply with conditions of approval for a change in zone from RSA-43,000 to RM-1000. Councilman Ehrle seconded the motion. Councilwoman Kaywood voted no. MOTION CARRIED. 1058 City Hall, Anaheim, California - COUNCIL MINUTES - November 6~ 197 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 3247, CATEGORICALLY EXEMPT, CLASS 3: A request for a rehearing on the subject was submitted by Norbert A. Waters, 12132 Morris Lane, Garden Grove, CA 92640, to permit a 4400 square-foot addition to an existing commercial retail center located at 2501-2525 East Ball Road. The Planning Commission granted the CUP deleting Condition No. i of Resolution No. PC90-192 in its entirty. A review of the Planning Commission decision was subsequently requested by Council Members Pickler and Daly at the Council meeting of August 21, 1990 and public hearing scheduled September 18, 1990. At that meeting, the City Council denied the Conditional Use Permit. A request for a rehearing was subsequently submitted by Mr. Waters. Councilman Hunter moved to deny the request for a rehearing. Before action was taken, Councilman Pickler stated that he has talked to the owner who said that he would like to comply to what the Council would like to see happen on the property. Mayor Hunter. At the previous hearing it was reported that there were two separate property owners and until they get together, the center is not going to get fixed up. As was further reported, they are in a law suit and the center was not going to be upgraded. MOTION: Councilman Hunter moved to deny the request for a rehearing on Conditional Use Permit No. 3247. Councilman Ehrle seconded the motion. Before action was taken, Mayor Hunter asked if anybody was present on the rehearing request; no one was present. Councilman Pickler stated in talking to Mr. Waters even though the owners are involved in a court procedure, he was ready to put up the money to do the things necessary to upgrade the property. Councilwoman Kaywood noted that his Request for Rehearing and Declaration of Merit did not indicate that he wanted to upgrade the property but that he was not aware, "he was required to present beautification and upgrade of existing facilities in order to achieve approval of project." A vote was then taken on the motion t0 deny the request for a rehearing. MOTION CARRIED UNANIMOUSLY. ITEMS OF PUBLIC INTEREST: Paul Kott, 504 North State College Boulevard. He is against rent stabilization in any form. It hurts the very people it purports to help. He then commented on how signatures for the petition initiative (Mobilehome Rent Control Ordinance) were obtained specifically those obtained at shopping centers. He relayed an incident in which his wife was involved where she was continously "badgered" by zealous teenagers trying to secure her signature on the petition. His wife threatened to call the police. When it happened a second time, she had to stop shopping at that particular center. He congratulated the Council in ordering a study as to the fiscal impacts of such an ordinance. He 1059 City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M. would not like to see the question on the ballot at all anymore than he would like to see any other issue that controls citizens governmentally as private enterprises. Councilwoman Kaywood. She was also approached at a supermarket and was asked if she would sign to save lives and prevent seniors from being evicted which is not stated anywhere on the petition. Councilman Ehrle. Someone came to his home in his neighborhood knocking on doors. As with any campaign, there are a lot of people who are zealous but earnestly trying to get signatures. He also does not like to see anything that further controls his life by government but the point is that the proponents went to the people and got signatures. His responsibility is to give them their day at the ballot box. 127: .~PAIGN LITERATURE: Councilman Pickler stated he received a piece of literature in the mail indicating in the left-hand corner that it was from the office of the City Manager. He asked the City Manager if it had come from his office. City Manager, Jim Ruth, answered no. Councilman Pickler then recommended to the City Attorney that he determine if there was any violation. Using the office of the City Manager on campaign literature is wrong and he would like to know if there are any violations. City Attorney White asked if that is his direction; Mayor Hunter stated it is not the direction from him. He does not think they should get into the matter tonight. They should not make the meeting a political forum. Councilman Pickler moved that the City Attorney look into possible violations relative to the mailer. Councilman Daly. He asked for clarification if Councilman Pickler's request is to ask the City Attorney to evaluate the mailer for any violation of City or State law and report back to the Council. If so, he agrees with that. Councilman Pickler stated that was correct. No further action was taken by the Council on Councilman Pickler's request. ADJOURNMENT: By general consent the Council adjourned. LEONORA N. SOHL, CITY CLERK (8:02 p.m.) 1060