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1989/07/25City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson ASSISTANT CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER: Paul Singer DEPUTY CITY ENGINEER: Arthur Daw INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:35 p.m. on July 21, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 12:00 noon. 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. b. To discuss labor relations matters - Goverrunent Code Section 54957.6. c. To discuss personnel matters - Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To meet with its negotiator rearding possible acquisition of land from the Phoenix Club located at 1566 Douglass Road, Anaheim, California. f. To consider 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. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:42 p.m.) INVOCATION: Father Gary Goldacker, St. Michael's Episcopal Church, gave the invocation. 704 CitX Hall. Anaheim. California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M. FLAG SALUTE: Councilman Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - CERTIFICATES OF ACHIEVEME_NT__- EMPLOYEE INVOLVEMENT PROGRAM: The following employees were presented with Certificates of Achievement issued by the Employee Involvement Program Board of Directors along with monetary awards of $30 to $440: Lana Gordon - Customer Service Representative/Public Utilities; Marge Pritchard - JTP Manager/Administration; Ellis Williams - Custodian/Maintenance Services; Debi Belmonte - Building Representative/Planning; Lynn Area - Maintenance Pipefitter Working Supervisor/Public Utilities ($440); Cheryl Westbrook and Jon Borrego - Planning Aides/Planning; Betty C. Johnson - Customer Service Representative/Public Utilities; and Vi Atiya - Senior Office Specialist/Public Utilities. The suggestions submitted will either save City costs, improve service to the public, or prevent possible hazards. Mayor Hunter and Council Members congratulated each employee who was present for their contributions. 119• PRESENTATION - VISION 2000 PUBLIC OPINION RESEARCH• Assistant City Manager, James Ruth, introduced Mr. Dave Townsend, Townsend & Company, to give his overview and analysis of the City of Anaheim survey summary and final report. Mr. Dave Townsend, Townsend & Company, briefed the report (see subject report dated July 13, 1989 prepared by Townsend & Company and J. Moore Methods, Inc. - made a part of the record.) J. Moore Methods Survey Research Firm sampled 600 registered voters in the City of Anaheim who voted in the 1988 General Election; Townsend & Company supervised the creation of the questionnaire and the overall implementation of the survey. The report contained the following key elements - methodology, demographics, analysis, conclusion and summary. (Also included in the report was a copy of the questionaire indicating the responses). The intent of the report was to determine the most important concerns of the voters in the City and assure City leaders that the Vision 2000 report is in sync with the wishes of the residents. Overall, the voters in the City think things are moving in the right direction but that it is below average in planning for traffic. "Crack down on drug dealers, synchronizing traffic signals and enforcing house and health codes were supported by 90$ of the voters." Fifty-one percent feel that growth is moving too fast with apartment and rental development being of most concern. They overwhelmingly believe that all forms of development (except apartment and rental development) are more beneficial than harmful. At the conclusion of his presentation which covered the material on pages 1 through 6 of the report, Mr. Townsend stated that the electorate is very informed, educated and very optimistic about the future of Anaheim. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $9,304,615.55, in accordance with the 1989-90 Budget, were approved. 705 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-307 through 89R-316, both inclusive, for adoption and Ordinance Nos. 5038 through 5042, both inclusive, for adoption) Councilman Hunter moved to waive the reading in full of the resolutions and ordinances. 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. 89R-307 through 89R-316, both inclusive, for adoption; and Ordinance Nos. 5038 through 5042, both inclusive, for adoption. Refer to Resolution Book. A1. 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 Mary Beck for bodily injury sustained purportedly due to actions of the City on or about April 7, 1989. b. Claim submitted by Gabriel Dan Belei for bodily injury and property damage sustained purportedly due to actions of the City on or about May 11, 1989. c. Claim submitted by Glenna M. Murphy for bodily injury sustained purportedly due to actions of the City on or about March 29, 1989. d. Claim submitted by Cecile Appel for bodily injury sustained purportedly due to actions of the City on or about March 23, 1989. e. Claim submitted by Kathy Sakoguchi for bodily injury sustained purportedly due to actions of the City on or about December 5, 1988. f. Claim submitted by Luis P. Benegas & Eddie Hopper Chevrolet for property damage sustained purportedly due to actions of the City on or about December 4, 1988. g. Claim submitted by Catalina Encinas for property damage sustained purportedly due to actions of the City on or about December 4, 1988. h. Claim submitted by Gloria Pinkston for property damage sustained purportedly due to actions of the City on or about December 4, 1988. i. Claim submitted by BGM Auto Sales for property damage sustained purportedly due to actions of the City on or about December 4, 1988. j. Claim submitted by Ron Brown for property damage sustained purportedly due to actions of the City on or about December 4, 1988. 706 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. k. Claim submitted by Christina Delgado & Timothy Gierman for bodily injuries and property damage sustained purportedly due to actions of the City on or about May 22, 1989. 1. Claim submitted by Kimberly Steihl for property damage sustained purportedly due to actions of the City on or about February 8, 1989. m. Claim submitted by Scott W. Plyler for property damage sustained purportedly due to actions of the City on or about June 10, 1989. n. Claim submitted by Breck Alvis for bodily injury sustained purportedly due to actions of the City on or about January 24, 1989. o. Claim submitted by Irvine Sweeping Service for indemnity and declaratory relief for damage sustained purportedly due to actions of the City on or about April 20, 1989. p. Claim submitted by Margaret Atkinson for bodily injury and property damage sustained purportedly due to actions of the City on or about December 2, 1988. q. Claim submitted by Kelly Romano for bodily injury and property damage sustained purportedly due to actions of the City on or about February 25, 1989. r. Claim submitted by Denise M. Ryan for bodily injury and property damage sustained purportedly due to actions of the City on or about February 25, 1989. Application for Leave to Present Late Claim - Denied: s. Claim submitted by Herbert Businger for property damages sustained purportedly due to actions of the City on or about July 16, 1988. A2. 105: Receiving and filing minutes of the Anaheim Parks, Recreation and Community Services Department and Park and Recreation Commission/Youth Commission joint meeting held May 24, 1989. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held June 8, 1989. 105: Receiving and filing minutes of the Community Services Board meeting held June 8, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held June 28, 1989. A3. 124: Awarding the contract to the lowest and best responsible bidder, Federal Sign Division of Federal Signal Corporation, in the amount of $159,500 for Anaheim Convention Center Katella Readerboard Refurbishing. 707 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. A4. 150: Awarding the contract to the lowest and best responsible bidder, Dewco General Contractors & Developers, in the amount of $110,361 for Ponderosa Park Ballfield & Security Lighting. A5. 175: Approving a Notice of Completion of the construction of 16" Weir Canyon Road Water Main - Phase IV by Valverde Construction, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 170/123: Approving the Final Map of Tract No. 13153 and Subdivision Agreement with Woodcrest Development of Orange County, Inc. Tract No. 13153 is located south of Canyon Vista Drive, east of Weir Canyon Road and is in conjunction with Sycamore Canyon Specific Plan No. S.P. 88-1. A7. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for eleven months ended May 31, 1989. A8. 124: Approving an Arbitrage Rebate Services Contract with Jones Hall Hill b~ White to provide rebate calculations for the Variable Rate Demand Certificates of Participation (Parking Facilities Refinancing Project) dated June 15, 1988. - A9. 175.123: Waiving Council Policy 306 and authorizing the execution of a contract, without advertising or competitive bidding, to Nadek Computer Systems, in an amount not to exceed $191,000 for development and recommendation of hardware requirements and equipment purchase for three local area networks in the Utilities Department. A10. 155/175: Approving a Negative Declaration pursuant to CEQA findings, for the construction of the Serrano Avenue/Nohl Ranch Road Water Main. All. 175/152: Authorizing the Public Utilities General Manager to certify as to expectations and agreements regarding the Southern California Public Power Authority Transmission Project Revenue Bonds, Series 1989 A. The City of Anaheim's participation in the issuance of the bonds including the execution of the certificate is exempt from the California Environmental Quality Act ("CEQA") and that the Public Utilities General Manager will execute a formal statement to that effect. Further environmental review shall be conducted by the City at such time as it considers participation in the projects that may benefit from the financing. A12. 153: RESOLUTION N0. 89R-307: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION N0. 88R-265 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (To add the position of Code Enforcement Supervisor effective July 21, 1989.) A13. 153: RESOLUTION N0. 89R-308: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 17, SICK LEAVE, AS SET FORTH IN RESOLUTION N0. 88R-166. (Effective July 21, 1989.) 708 City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M. 153• RESOLUTION N0. 89R-309; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 22, LEAVE WITHOUT PAY, AS SET FORTH IN RESOLUTION N0. 88R-166. (Effective July 21, 1989.) A14 153• RESOLUTION N0. 89R-3101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 5, HOURS OF WORK AND PAY DAY, AS SET FORTH IN RESOLUTION N0. 88R-166. (Effective July 21, 1989.) A15 153• RESOLUTION N0. 89R-311: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TWO LETTERS OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION PERTAINING TO HOURS OF WORK PROVISIONS. (Clerical unit and general unit - pertaining to the implementation of the "Nine Plan" work schedule in the Public Works Engineering Department.) A16. 123: Approving a Third Amendment to Agreement with Anaheim~Disposal, Inc., for the collection, transportation, and disposal of commercial and industrial solid waste, and authorizing the Mayor to execute the agreement on behalf of the City. A17. 123: Approving an agreement with Ferrellgas, Inc., at an annual estimated cost of $5,500 for the procurement of propane fuel for use at the Anaheim Convention Center. A18. 123: Approving an agreement with Anaheim Harbor Medical Clinic to provide annual firefighter medical examinations for a period of two years, beginning July 1, 1989. A19 123• RESOLUTION N0. 89R-312:_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL LABOR, SERVICES, EQUIPMENT TO CUT AND REMOVE RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET, IN THE CITY OF ANAHEIM, AS DIRECTED BY THE CHIEF OF THE FIRE DEPARTMENT, ACCOUNT N0. 01-202-6320. (Edwin Webber, fiscal year 1988/89.) A20. 117: Approving an updated Investment Policy Statement, Strategy and Goals from the City Treasurer, for 1989. A21. 123: Approving the Certificate of Completion for the Sage Park Apartment Project as per the Disposition and Development Agreement with Western National Partners VIII. A22. 153: Approving the recommendations from the Anaheim Private Industry Council for service providers selection and funding for the period July 1, 1989 to June 30, 1990, and authorizing the JTPA Manager to execute the necessary agreements and modifications thereto. A23 123• RESOLUTION N0. 89R-313: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT MASTER SUBGRANT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA. (In the amount of $683,624 for Title IIA - 78$, and Title IIA - 3$, for the period 709 City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M. July 1, 1989 to June 30, 1990, and authorizing the City Manager to execute said agreement and modifications.) A24 158: RESOLUTION N0. 89R-314; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A25 149/142: ORDINANCE NO. 5038 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING OF VEHICLES. (Relating to no parking at anytime on Alro Way, north and south sides, from Clementine Street to its easterly terminus.) A26 175/155/142• ORDINANCE NO 5039 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 10.12.080 THERETO PERTAINING TO THE SEWER CONSTRUCTION AND RECONSTRUCTION FUND. A27 132/000142: ORDINANCE N0. 5040 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 10.08 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO INDUSTRIAL WASTE. A28 105/152/142• ORDINANCE N0. 5041 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING EXPENSE ALLOWANCES FOR MEMBERS OF THE LIBRARY BOARD. A29 179: ORDINANCE N0. 5042 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (NUNC PRO TUNC) (Reclassification No. 79-80-25(4) to correct errors in Ordinance No. 4626.) A30. 114: RESOLUTION N0. 89R-315: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS. Councilwoman Kaywood noted a letter was received from a citizen who seems to have a misconception about the subject amendment. She asked the City Attorney to clarify the action being taken. City Attorney White. This remedies a situation that existed last week when only three Council Members were present. The purpose is to have a rule which will automatically allow for items to be continued over until the following Council meeting under two contingencies - when there is a tie vote and a member of the Council is either absent or required by law to abstain. The other is where there are an insufficient number of Council Members present or who are allowed by law to vote due to conflict of interest in order to adopt an item before the Council. The Charter requires three votes on ordinances and resolutions and orders for payment. of money. He had received a copy of the letter referred to, that would indicate somehow the rule relates to allowing members of the City Council who would otherwise be unable. due to conflict of interest to vote. That is not correct. There is no change to the current conflict of interest laws that now exist. By state law, a member not 710 City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. able to vote on a matter currently would not be able to vote under the proposed rule. It is not the intent of the rule to circumvent provisions that now exist in state law. He reiterated the only purpose is to allow matters to be automatically continued over when otherwise the Council would not be able to act upon those matters. A31. 103: RESOLUTION N0. 89R-316: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING A MUNICIPAL REORGANIZATION FOR THE TRANSFER OF CERTAIN UNINHABITED TERRITORY BETWEEN THE CITIES OF ANAHEIM AND BUENA PARK DESIGNATED AS ORANGE COUNTY MUNICIPAL REORGANIZATION N0. 117. Roll Call Vote on Resolution Nos. 89R-307 through 89R-316: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 89R-307 through 89R-316, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance Nos. 5038 through 5042: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5038 through 5042, both inclusive, duly passed and adopted. End of Consent. Calendar. MOTIONS CARRIED. 123f130: INDEMNIFICATION AND MITIGATION AGREEMENT WITH M.L. MEDIA PARTNERS L.P.: City Attorney Jack White introduced two additional items not listed on the printed agenda which are recommended for Council action. The first is a Reinstated Indemnification Agreement between the City and M.L. Media Partners L.P. relating to clarifying and expanding the existing indemnification provisions under the franchise that now exists for M.L. Media. The second is also with M.L. - a Mitigation Agreement which relates to making the facilities that M.L. currently has - the easements and its rights of access to its customers equally available to other cable franchisees in the event the City grants additional cable franchises expressly contingent upon a reciprocal agreement being entered into by the other cable franchisees in the City if there are any. He is recommending because the cable issue is pertinent at today's meeting with regard to the proposed Empire Cable TV Franchise, that the Council waive the provisions of the Brown Act that would have required posting 72-hours in advance, finding that the need to act arose since the agenda was prepared. On motion by Councilman Hunter, seconded by Councilman Pickler, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, July 21, 1989, at 711 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. 12:35 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. MOTION CARRIED. MOT ON• Councilman Pickler moved to approve (1) a Reinstated Indemnification Agreement between the City and M.L. Media Partners L.P. and (2) a Mitigation Agreement between the City and M.L. Media Partners L.P. Councilman Hunter seconded the motion. MOTION CARRIED. 129• PUBLIC HEARING - WEED ABATEMENT ROLL FOR 1988-1989: To receive public comment/ob3ections on proposed weed abatement roll. Submitted was report dated July 18, 1989 from the Fire Chief recommending that the Council accept the written report of the Fire Chief regarding the cost of Weed Abatement incurred during the 1988/89 Weed Abatement Contract with Edwin Webber, and submit same to the County Assessor's Office. Mayor Hunter asked if anyone wished to speak; there being no response, he closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-317) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-317 for adoption. Refer to Resolution Book. RESOLUTION N0. 89R-317: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-317 duly passed and adopted. 1/111• PRIVATE INDUSTRY COUNCIL (PIC) APPOINTMENTS: Submitted was report dated July 18, 1989 from Marge Pritchard, Job Training Program Manager, recommending certain appointments to the Private Industry Council. Councilwoman Kaywood moved to accept the recommendations concerning the Private Industry Council from the Anaheim Chamber of Commerce, appointing Lawrence Bowman, Rockwell International, to the PIC, removing Don Mitchell, Rockwell International. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood moved to appoint two members to the Private Industry Council for two-year terms from the list of nominees submitted - Emile 712 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. Conforti, IMPRO Corporation and Doug Gibson, Anaheim Executive Suites. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilwoman Kaywood moved to accept the recommendation from United Way and appoint Frank Dominquez, Director Hispanic Development Council, to fill the community based representation category. Councilman Pickler seconded the motion. MOTION CARRIED. 130: PRESENTATION - CABLE TELEVISION SURVEY: Final Report - Receiving and filing the results of a cable television Survey conducted by Harbricht Research Incorporated. Submitted was report dated July 18, 1989 from the Intergovernmental Relations Officer, Kristine Thalman, recommending that the Council receive and file the subject survey. Kristine Thalman, Intergovernmental Relations Officer. One of the responsibilities of regulating the cable franchise is to determine the level of satisfaction of current subscribers. The City's current cable company, M.L. Media is also interested in what subscribers think. To this end, the City and M.L. entered into a joint agreement to conduct and fund the survey. She then introduced Mr. Robert Harbricht, President of Harbricht Research, who conducted the survey. "The final report provides both the City of Anaheim and Multivision Cable with a working document indicating which areas regarding cable television programming, rates, regulations and level of service may or may not warrant further investigation or consideration." Mr. Robert Harbricht, President of Harbricht Research. He highlighted the results of the survey. (See - Cable TV Subscriber Survey dated July 1, 1989 presented to City of Anaheim - Multivision Cable TV - by HRI Harbricht Research, Inc.). He then briefed portions of the extensive report supplemented by slides which were representative of the hard copies in the report relating to the background and objectives of the survey, the study methodology, the study findings overall satisfaction with cable TV service, dissatisfaction with cable TV service noting the reasons in a priority listing, satisfaction with M.L. response, etc. A copy of the research questionnaire was also included in the report. The study concluded that, ". . . the great majority of subscribers are satisfied with the cable TV service. Eight out of ten subscribers said they were "very" or "fairly" satisfied with Multivision Cable TV." (See report on file in the City Clerk's Office which explains all findings in detail). The Council thanked Mr. Harbricht for the presentation. 105• TERMS EXPIRING - PARKS AND RECREATION COMMISSION (6/30/89): Ratifying appointments representing the Anaheim City School District and the Magnolia School District. Councilwoman Kaywood moved to ratify the reappointment of Chris Whorton to a four year term ending June 30, 1993 representing the Anaheim City School District, as reported in letter dated June 15, 1989 from the District Superintendent. Councilman Pickler seconded the motion. MOTION CARRIED. 713 City Hall Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. Councilwoman Kaywood moved to ratify the reappointment of Ruth W. Good to a four year term ending June 30, 1993 representing Magnolia School District, as reported in letter dated June 29, 1989 from the District Superintendent. Councilman Pickler seconded the motion. MOTION CARRIED. 105• APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING 6/30/89 ON CITY BOARDS AND COMMISSIONS: COMMUNITY REDEVELOPMENT COMMISSION for the new term ending 6/30/93 (Renner. Anthony. unscheduled vacancy of Kott): City Clerk Sohl announced that also to be included is the vacancy due to the resignation of Paul Kott for the term ending June 30, 1992. Councilman Daly moved to continue the reappointments of the terms of Doug Renner and Bob Anthony for one week. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood nominated Fernando Oliveras to fill the unexpired term of Paul Kott (term ending June 30, 1992). Councilman Hunter seconded the nomination. There being no further nominations, nominations were closed. Mr. Oliveras was thereupon unanimously appointed to the Community Redevelopment Commission for the term ending June 30, 1992. COMMUNITY SERVICES BOARD for the new term expiring 6/30/93 (Dexter Sullivan): Councilman Ehrle moved to reappoint Donald Dexter and Margaret Sullivan to the Community Services Board for the term ending June 30, 1993. Councilwoman Kaywood seconded the motion. MOTION CARRIED UNANIMOUSLY. Donald Dexter and Margaret Sullivan were thereupon reappointed to the Community Services Board for the term ending June 30, 1993. HOUSING COMMISSION for the new term expirine 6/30/93 (Patino. Thill): Councilman Pickler moved to reappoint Margaret Patino and Elmer Thill to the Housing Commission for the term ending June 30, 1993. Councilman Daly seconded the motion. MOTION CARRIED UNANIMOUSLY. Margaret Patino and Elmer Thill were thereupon reappointed to the Housing Commission for the term ending June 30, 1993. ECONOMIC DEVELOPMENT BOARD for the new term expiring 630/93: (Cooper. Hardin Pawlowski - Mr Pawlowski did not wish reappointment after serving a two-year term on the Board): Councilman Pickler moved to reappoint Chuck Cooper and Dennis Hardin to the Economic Development Board for the term ending June 30, 1993. Councilman Hunter seconded the motion. MOTION CARRIED UNANIMOUSLY. Chuck Cooper and Dennis Hardin were thereupon reappointed to the Economic Development Board for the term ending June 30, 1993. Nominations were open for the remaining term ending June 30, 1993. 714 City Hall Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. Councilwoman Kaywood nominated Trini Melcher; Councilman Pickler nominated Russell Ferguson. Nominations were closed and the nominees then voted on in the order of nomination. Trini Melcher: AYES: COUNCIL MEMBERS: Kaywood NOES: COUNCIL MEMBERS: Daly ABSTAINED: COUNCIL MEMBERS: Ehrle, Pickler and Hunter ABSENT: COUNCIL MEMBERS: None Russell Ferguson: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None Councilman Hunter moved a unanimous vote on Russell Ferguson. Councilman Pickler seconded the motion. MOTION CARRIED UNANIMOUSLY. Russell Ferguson was thereupon appointed to the Economic Development Board for the term ending June 30, 1993. LIBRARY BOARD for the__new term exvirine 6/30/93 (Dahl. Taylor): Councilman Daly moved to reappoint Earl Dahl and Davis Taylor to the Library Board for the term ending June 30, 1993. Councilwoman Kaywood seconded the motion. MOTION CARRIED UNANIMOUSLY. Earl Dahl and Davis Taylor were thereupon reappointed to the Library Board for the term ending June 30, 1993. PLANNING COMMISSION for the new term_exvirine 6/30/93 [Carusillo. Messe): Nominations were opened for the reappointments/appointment of two Planning Commissioners. Councilman Hunter nominated John Carusillo. Councilwoman Kaywood nominated Bob Messe. Councilman Pickler nominated Glenn Hellyer. Councilman Ehrle nominated Bryan Crow. Nominations were closed and nominees voted upon in the order in which they were nominated. John Carusillo: 715 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. AYES: COUNCIL MEMBERS: Kaywood and Hunter NOES: COUNCIL MEMBERS: Daly ABSTAINED: COUNCIL MEMBERS: Ehrle and Pickler ABSENT: COUNCIL MEMBERS: None Bob Messe: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Glenn Hellyer: AYES: COUNCIL MEMBERS: Daly and Pickler NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Ehrle, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None Bryan Crow: AYES: COUNCIL MEMBERS: Ehrle and Hunter - NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Daly, Pickler and Kaywood ABSENT: COUNCIL MEMBERS: None City Attorney White explained that Bob Messe had been reappointed; however, none of the other nominees had gathered the necessary minimum three votes. The Council can either revote on all three or continue the matter. John Carusillo: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood and Hunter Daly Ehrle and Pickler None Glenn Hellyer: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood None Hunter None Bryan Crow: AYES: COUNCIL MEMBERS: Hunter - NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood ABSENT: COUNCIL MEMBERS: None 716 City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. Councilman Pickler moved the appointment of Glenn Hellyer to the Planning Commission for the term ending June 30, 1993 be unanimous. Councilman Hunter seconded the motion. MOTION CARRIED. Mr. Glenn Hellyer was thereupon appointed to the Planning Commission for the term ending June 30, 1993. Mayor Hunter asked that a letter of thanks be sent to Mr. Carusillo, former Police Officer and friend. He hoped that the vote in no way reflects the fact that Mr. Carusillo was his (Hunter's) original appointee. Councilwoman Kaywood. Mr. Carusillo served on the Parks and Recreation Commission representing the Planning Commission and has been a very good member of that Commission to which he is liaison. She is really sorry to see him go. Councilman Pickler. He does not believe that the comment made by the Mayor is in the mind of anyone. PUBLIC UTILITIES BOARD for the new term expiring 6/30/93 (Kazarian.. Smith. Stanton): Councilman Daly moved to reappoint Bob Kazarian, Walter Smith and Dale Stanton to the Public Utilities Board for the term ending June 30, 1993. Councilwoman Kaywood seconded the motion. MOTION CARRIED UNANIMOUSLY. Messrs. Kazarian, Smith and Stanton were thereupon reappointed to the Public Utilities Board for the term ending June 30, 1993. SENIOR CITIZEN COMMISSION for the new term expiring 6/30/92 (Shanahan. Siegmund - Mr. Shanahan did not wish reappointment having served on the Commission for 9 years): Councilman Pickler moved to reappoint Herman Siegmund to the Senior Citizens Commission for the term ending June 30, 1992. Councilman Hunter seconded the motion. MOTION CARRIED UNANIMOUSLY. Herman Siegmund was thereupon reappointed to the Senior Citizens Commission for the term ending June 30, 1992. Councilwoman Kaywood moved to appoint Helena Malek to the Senior Citizens Commission; Councilman Pickler stated he would like to have one week to give additional thought to the appointment to that Commission. Councilman Pickler moved to continue the remaining appointment to the Senior Citizens Commission for one week. Councilman Hunter seconded the motion. MOTION CARRIED. 123/106: AGREEMENT FOR CONSULTING SERVICES - ORANGE COUNTY JAIL EIR REVIEW: Submitted was report dated July 20, 1989 from the Administrative Services Director, Ron Rothschild, recommending approval of an agreement with Remy & Thomas to review the Orange County Jail draft EIR. Councilwoman Kaywood moved to authorize an agreement with Remy & Thomas for professional consulting services regarding the Orange County Jail draft EIR in 717 City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M. the amount of $7,500, and appropriating said amount from the Council Contingency Fund. Councilman Daly seconded the motion. MOTION CARRIED. 179/134• ITEMS B1 - B10 FROM THE PLANNING COMMISSION MEETING OF JULY 5 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS JULY 27. 1989: B1 GENERAL PLAN AMENDMENT NO 257 - CIRCULATION ELEMENT AND NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, 200 S. Anaheim, Boulevard, Anaheim, CA 92803 City initiated amendment to the Circulation Element of the General Plan to consider 1) redesignation of Convention Way from West Street to a point approximately 1500 feet west of Harbor Boulevard from a private local street to a Major Arterial Highway; and 2) redesignation of Convention Way from Haster Street to Manchester Avenue from a Secondary Arterial Highway to a Primary Arterial Highway. PROJECT AS APPROVED BY THE PLANNING COMMISSION: GPA N0. 257 APPROVED by the Planning Commission. (PC89-173 5 yes, 2 absent) Approved Negative Declaration. Set for public hearing„August 8. 1989, at 3:00 p.m. B2 VARIANCE NO 3970 AND NEGATIVE DECLARATION: OWNER: WOODCREST DEVELOPMENT, ATTN: JAMES HIGHLAND, 17911 Mitchell Avenue, Irvine, CA 92714 LOCATION• Tract Map No 12995 [Sycamore Canvon Svecific Plan (SP88-1) Development Area 1) Waiver of permitted encroachments into required yards to construct a 5'S" foot high solid wall with a 5 foot 10 inch high pilaster in the front setback area abutting Canyon Creek Road in order to provide patio walls for units in a previously-approved townhouse complex. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Variance No. 3970 APPROVED by the Planning Commission without changes. (PC89-174 5 ayes, 2 absent). Approved Negative Declaration. B3. RECLASSIFICATION NO 88-89-50 VARIANCE NO 3934. TENTATIVE TRACT MAP NO 13925 AND NEGATIVE DECLARATION: OWNER: ELIAS DUIEDO AND JOHN WRIGHT, 6351 Santa Catalina, Garden Grove, CA 92645 LOCATION• 227 North Coffman Street For a change in zone from RS-7200 to RM-3000 or a less intense zone. To construct a 1 and 2-story, 5-unit condominium complex with waivers of (a) maximum fence height and (b) permitted encroachment into required yards. Property is approximately 0.45 acre located at the southwest corner of Cypress and Coffman Streets. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Reclassification No. 88-89-50 GRANTED for RM-3000 or a less intense zone. Variance No. 3934 GRANTED with waivers: 718 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. a. maximum fence height approved b. permitted encroachment -required yards approved. Tentative Tract 13925 APPROVED, (no action taken by Council at the meeting of June 27, 1989, Item B19) (PC89-175 and 176, 5 yes, 2 absent). Approved Negative Declaration. B4. VARIANCE NO. 3964 AND NEGATIVE DECLARATION: OWNERS: WILLIAM C. GOODMAN AND HELENE K. GOODMAN, 17052 Palmdale Street, Hungtington Beach, CA 92647 LOCATION: 716 South Webster Avenue Waivers of (a) maximum structural height, (b) required elevators and (c) required handicapped access to construct a 22-unit apartment complex. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Variance No. 3964 GRANTED, IN PART, subject to trees larger than 15 gallon and no doors or windows on the east; balcony walls minimum of 6 feet, including planter box, with waivers: a. maximum structural height approved b. required elevators deleted - not required c. required handicapped access deleted (handicapped ramp access to all 1st floor units provided) (PC89-177, 5 yes, 2 absent) Approved Negative Declaration. B5. CONDITIONAL USE PERMIT N0. 3175 AND NEGATIVE DECLARATION: OWNER: JOSEPH MESSINA AND PAULA MESSINA, 1319 North Cozy Terrace, Anaheim, CA 92805 LOCATION: 1319 North Cozy Terrace To permit a 630 square-foot granny unit. PROJECT AS APPROVED BY THE PLANNING COMMISSION: CUP N0. 3175 GRANTED (PC89-178) subject to recorded covenant guaranteeing unit will not be rented and will be occupied by no more than two occupants, who must be 60 years of age or older. (PC89-178, 5 yes, 2 absent) Approved Negative Declaration, B6 CONDITIONAL USE PERMIT N0. 1855 AND NEGATIVE DECLARATION: OWNER: NORTH STREET PARTNERSHIP, ATTN: GILBERT U. KRAEMER, JR., P.O. Box 275, Placentia, CA 92670 AGENT: MILAN M. DOSTAL, 1 City Boulevard W., Suite 308, Orange, CA 92668 LOCATION: 1071 North Blue Gum Street To permit recreational vehicle sales at a previously approved car leasing facility. PROJECT AS APPROVED BY THE PLANNING COMMISSION: CUP N0. 1855 GRANTED for a period of 10 years, limited to maximum of 21 vehicles. Landscaping to be maintained, and irrigated. No mechanical work to be done onsite. 719 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. (PC89-179, 5 yes, 2 absent) Approved Negative Declaration. B7. CONDITIONAL USE PERMIT NO 3123 AND NEGATIVE DECLARATION: OWNER: FERIDOON HAKIMIJOO, 1900 E. La Palma Avenue, Anaheim, CA 92805 LOCATION• 500 South Euclid Street. Suites "C" and "D" To permit a 795 square-foot expansion of a previously approved 2,205 square-foot convenience market with fast food service within an existing retail center. PROJECT AS APPROVED BY THE PLANNING COMMISSION: CUP No. 3123 GRANTED without changes. (PC89-180, 5 yes, 2 absent) Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: B8 PROPOSED CODE AMENDMENT PERTAINING TO ROOF MOUNTED EQUIPMENT: FOR COMMERCIAL ZONES IN THE SCENIC CORRIDOR OVERLAY ZONE: PROPOSED CODE AMENDMENT RECOMMENDED BY THE PLANNING COMMISSION. B9 PROPOSED CODE AMENDMENT PERTAINING TO ON-SALE OF ALCOHOLIC BEVERAGES IN BOWLING ALLEYS IN THE ML (LIMITED INDUSTRIAL) ZONE: PROPOSED CODE AMENDMENT RECOMMENDED BY THE PLANNING COMMISSION. B10 VARIANCE NO 3751 - REQUEST FOR WAIVER OF CITY COUNCIL POLICY N0. 542 PERTAINING TO SOUND ATTENUATION: PROJECT AS APPROVED BY THE PLANNING COMMISSION: Approved subject to recommendations of sound study. End of the Planning Commission Items. 179• TERMINATION - CONDITIONAL USE PERMIT NO 2738: Submitted was report dated June 27, 1989 from the Planning Department, recommending that the Council terminate the subject CUP as requested. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-318) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-318 for adoption, terminating all proceedings in connection with Conditional Use Permit No. 2738 and declaring Resolution Nos. 86R-79 and 86R-305 null and void. Refer to Resolution Book. 720 Citv Hall. Anaheim. California - COUNCIL MINUTES - July 25 1989 1.30 P M RESOLUTION N0. 89R-318: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 2738 AND DECLARING RESOLUTION NOS. 86R-79 AND 86R-305 NULL AND VOID. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-318 duly passed and adopted. 179: ORDINANCE NOS. 5043 THROUGH 5046 - ADOPTION• WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5043 through 5046, both inclusive for adoption) Councilman Hunter moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. ORDINANCE N0. 5043: 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. 63-64-62 (29), located at 716 South Webster Avenue from the RS-A-43,000 zone to the RM-1200 zone.) ORDINANCE N0. 5044: 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. 88-89-22, located at 747-755 North East Street, from the RS-7200 zone to the RM-3000 zone.) ORDINANCE N0. 5045: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.73 RELATING TO SPECIFIC PLAN N0. 88-3 (SP 88-3) ZONE. (Santa Fe Pacific Plaza.) ORDINANCE NO. 5046: 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 certain property owned by the Santa Fe Land Improvement Company into the Specific Plan No. 88-3 zone.) Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5043 through 5046, both inclusive, duly passed and adopted. 721 City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M. 179• ORDINANCE NOS 5047 THROUGH 5049 - INTRODUCTION: Councilman Hunter offered Ordinance Nos. 5047 through 5049, both inclusive, for first reading. ORDINANCE N0. 5047: 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. 88-89-42 located at 1490 S. Anaheim Boulevard from the ML zone into the CL zone.) ORDINANCE N0. 5048: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE N0. 4861 RELATING TO SPECIFIC PLAN 87-1 ZONING. (The Highlands.) ORDINANCE N0. 5049: 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. 88-89-28 (Tentative Tract No. 13797)located at 3802, 3906, and 3920 Orange Avenue from the RS-A-43,000 zone into the RS-5000 zone.) 155/170• ITEM B18 FROM THE PLANNING COMMISSION MEETING OF JULY 17. 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS JULY 27. 1989: B18 EIR NO 283 [PREVIOUSLY CERTIFIED) VESTING TENTATIVE TRACT MAP N0. 12992 - (REVISION NO 1) AND SITE PLAN• OWNER: WOODCREST DEVELOPMENT, ATTN: JAMES HIGHLAND, 17911 Mitchell Avenue, Irvine, CA 92714 LOCATION: Property is located southeast of the southerly terminus of Weir Canyon Road, and is bounded on the east by the future southerly extension of Weir Canyon Road and on the south by The Summit of Anaheim Hills Specific Plan development area and is further described as Sycamore Canyon Specific Plan SP88-1 (Amendment No. 1) Development Area 10. To establish a 19.1-acre, 61-lot (plus 1 park site lot and 3 open space lots) single-family detached residential subdivision. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Vesting Tentative Tract Map No. 12992 APPROVED. EIR NO. 283 (previously certified) APPROVED. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. RECESS: By general consent the Council recessed for ten minutes. (2:47 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilwoman Kaywood. (3:15 p.m.) - 107142' PUBLIC HEARING - 1988 EDITIONS OF VARIOUS BUILDING CODES: Submitted was report dated July 17, 1989 from the Chief Building Official, Wayne West, recommending adoption of resolutions justifying local amendments and ordinances for various Building Codes as well as adopting new fee schedules 722 CitX Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. for permits and service pursuant to the Uniform Building, Plumbing and Mechanical Codes. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 14 and July 24, 1989. Mayor Hunter opened the public hearings on the following: 1988 EDITION OF UNIFORM BUILDING CODE: To consider adoption of the 1988 Edition of the International Conference of Building Officials' Uniform Building Code, with Amendments thereto, and amending Title 15 of the Anaheim Municipal Code by adding a new Chapter 15.04. 1988 EDITION OF UNIFORM PLUMBING CODE: To consider adoption of the 1988 Edition of the International Association of Plumbing and Mechanical Officials' Uniform Plumbing Code, Appendices A, B, C, D, E, H and I included, with amendments thereto, and amending Title 15 of the Anaheim Municipal Code by adding a new Chapter 15.20. 1988 EDITION OF UNIFORM MECHANICALCODE: To consider repealing Chapter 15.50 of Title 15 of the Anaheim Municipal Code and adopting the 1988 Edition of the International Conference of Building Officials' Uniform Mechanical Code, with amendments thereto, and amending Title 15 of the Anaheim Municipal Code by adding a new Chapter 15.50. 1988 EDITION OF UNIFORM SOLAR ENERGY CODE: To consider adoption of the 1988 Edition of the International Association of Plumbing and Mechanical Officials, Uniform Solar Energy Code, with certain amendments thereto, and adding new Chapter 15.55 to Title 15 of the Anaheim Municipal Code. 1988 EDITION OF UNIFORM SWIMMING POOL. SPA AND HOT TUB CODE: To consider adoption of the 1988 Edition of the International Association of Plumbing and Mechanical Officials, Uniform Swimming Pool, Spa and Hot Tub Code, with certain amendments thereto, and adding new Chapter 15.30 to Title 15 of the Anaheim Municipal Code. X988 EDITION OF UNIFORM HOUSING CODE: To consider adoption of the 1988 Edition of the International Conference of Building Officials', Uniform Housing Code, with certain amendments thereto, and adding new Chapter 15.36 to Title 15 of the Anaheim Municipal Code. 1988 EDITION OF UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS: To consider adoption of the 1988 Edition of the Uniform Code for the Abatement of Dangerous Buildings, as promulgated by the International Conference of Building Officials, with certain amendments thereto, and adding new Chapter 15.06 to Title 15 of the Anaheim Municipal Code. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. 723 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. City Attorney White reported that various proposed amendments to the Building Code have been approved by the State of California and are available for adoption by all California communities after August 1, 1989. The items have been recommended for Council's approval with amendments. COUNCIL ACTION: Mayor Hunter closed the public hearings on the subject Code amendments and fee schedules. City Attorney White recommended that only the ordinances be offered for first reading today and that the necessary resolutions be included on next week's Council agenda for adoption at the time of final reading of the ordinances. Councilman Hunter offered Ordinance No. 5050 through 5056, both inclusive, for first reading. ORDINANCE NO. 5050: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM BUILDING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.04. - ORDINANCE NO. 5051: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.20 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS' UNIFORM PLUMBING CODE, 1988 EDITION, APPENDICES A, B, C, D, E, H AND I INCLUDED, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.20. ORDINANCE N0. 5052: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.50 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM MECHANICAL CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.50. ORDINANCE N0. 5053: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.55 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM SOLAR ENERGY CODE, 1988 EDITION OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH CERTAIN AMENDMENTS THERETO, AND AMENDING NEW CHAPTER 15.50 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE. ORDINANCE N0. 5054: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING, BY REFERENCE, A SWIMMING POOL, SPA AND HOT TUB CODE ENTITLED, "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, WITH AMENDMENTS THERETO, AND AMENDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM - MUNICIPAL CODE. ORDINANCE N0. 5055: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.36 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING 724 Citv Hall. Anaheim. California - COUNCIL MINUTES - July 25 1989 1.30 P M THE 1988 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS UNIFORM HOUSING CODE, WITH AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.36. ORDINANCE N0. 5056: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING CHAPTER 15.06 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION AS PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS WITH CERTAIN AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 15.06 THERETO-. It was clarified that the related resolutions setting forth local conditions •justifying amendments to the Uniform Building, Plumbing and Mechanical Code, 1988 Edition will be on the August 1, 1989 Council agenda along with corresponding ordinances as well as resolutions adopting new fee schedules for permits and services relating to the three Codes. 1.21: PUBLIC HEARING - ACQUIRING AUTHORIZING THE CONDEMNATION OF A PORTION OF AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES (R/W 3091)• Finding and determining the public interest and necessity for acquiring and authorizing the condemnation of a portion of that certain parcel of real property for road and public utility purposes located at 1326 South West Street, Anaheim, and authorizing the law firm of Oliver, Stoever Barr & Einboden, Special Counsel for the City of Anaheim and the City Attorney, to proceed with said Condemnation Act (Schlund - Condemnee). This matter was continued from the meeting of July 18, 1989, to this date for full Council action. City Attorney White. Matters before the City Council other than contained in the staff report are the provisions of the City General Plan, in particular the circulation element and the provisions of the Anaheim Municipal Code specifically Section 18.04.080 as apertaining to this proceeding. Thomas Kieviet, Farano & Kieviet, representing the Patel Family, owners and operators of the Dunes Motel. He is present to present their position in favor of the resolution of necessity to authorize the condemnation of the frontage of the property for road and utility purposes 75 feet long by 15 feet wide on the east side of West Street, between Ball Road and Cerritos. The present motel is almost 30 years old and in deteriorating condition. The Patels wish to replace the structure with a new and improved motel. They own and operate the motel under a 99-year ground lease with 70 years yet to run. The code prohibits the Patels from obtaining a building permit for the new motel unless and until the street frontage is dedicated to its ultimate width of 60 feet. They are more than willing to dedicate the leasehold interest but the underlying property owners have refused to make such dedication. 725 City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989, 1:30 P.M. The property owner has requested modifications to the ground lease with increases in rent that far exceed the value of the property that needs to be dedicated. The lease modifications would substantially increase financial obligations under the ground lease and would cause redevelopment of the property to be financially impossible. Anew motel would serve to increase the value of the property and it is in the best interest of the property owner for dedication to take place. The circulation element was amended by General Plan Amendment No. 115 to change West Street from Cerritos to Ball from a secondary arterial (45-foot half width) to a major arterial (60-foot half width). A substantial portion of both sides of West Street have already been dedicated to 60 feet. The property on the west side of West Street from Ball to Winston has already been dedicated and two parcels on the east side north of the subject property have also been dedicated to 60 feet. Most of the property on West Street that still needs to be dedicated is owned by Disneyland. A reasonable offer of $15,750 has been made to the underlying property owner for their remaining interest in the property to be condemned. It has been made in good faith by both the Patels and the City but has not been accepted by the property owner. The Patels have agreed to pay for the property acquisition cost and cost of condemnation. The condemnation of the subject property is in the public interest and necessary to carry out the circulation element of the City of Anaheim and street widening is planned and located in a manner that is most compatible with the greatest public good and least private injury and the property sought to be acquired as necessary for the street widening. Councilwoman Kaywood entered the Council Chamber. (3:23 p.m.) Mayor Hunter asked to hear from anyone who wished to speak. Mr. Alex Fafenrodt, 201 North Century, Los Angeles, Counsel for the Schlunds. He is speaking in opposition on behalf of the property owners. It is important to understand why the owners are vigorously opposed to the exercise of the power of eminent domain. Negotiations have been going on between the property owners and the tenants since 1986. They have discussed amending the lease to include in addition to some adjustments in rent such things as increasing the public liability insurance that would be required by the tenant from its present $100,000-$200,000 coverage to $2.5 to $5 million which is not unreasonable in today's environment. They have requested a modernization of appraisal procedures set forth in the lease to carry out periodic rent adjustments provided in the lease through arbitration and a request that requirements for insurance coverage be evaluated every three instead of five years. All of these have been rejected by the tenant. The last communication by the tenant was in October of 1988 when he wrote suggesting a compromise. There was no response to that or a 726 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. recent letter offering to resume negotiations. They would be willing to dedicate the land if the tenant is willing to make some modifications to the lease which are reasonable. It is primarily a contractual dispute between the landlord and the tenant. The City now seeks to insert itself in the middle by undertaking the proposed condemnation. This is a condemnation which would be undertaken solely for private use and not for the public benefit that is required by contractual and statutory law. In talking with staff, there are no present plans to widen West Street regardless of whether or not there is a dedication and it is not their intent to undertake condemnation of parcels on West Street which have not been dedicated. The only purpose is to enable the tenant to do an end run around the landlord and obtain building permits so that the tenant may build a new improvement on the property. There is nothing that can be gleaned from either Mr. Kieviet's comments or discussions that .his office has had with staff that there is any contemplation that physical improvement of the street will take place within the next 7 years and it could be as much as 20 years depending on when Disneyland decides to develop its adjoining property. He reiterated this is strictly a private use and inappropriate and improper use of the extreme power of eminent domain for this purpose. City Attorney White. The Anaheim Municipal Code requires as a matter of law, in conjunction with building permits that are applied for, that dedication in accordance with the General Plan be obtained at the time building permits are issued which is the underlying reason that this came before the Council today. The City in general has a policy that seeks to obtain dedication of right-of-way voluntarily from the owners in conjunction either with ministerial permits or discretionary permits rather than going through the condemnation process. Much of the right-of-way has been acquired through the voluntary dedication mode. After the public hearing is closed, he has asked the Assistant City Engineer to respond to the issue relating to the 7-year probability that the property will be put to public use in that time. Clyde Schlund, 616 Peralta Hills Drive, owner of the property on which the Dunes is located. He gave the results of a study he did regarding traffic on West Street going to the I-5 which takes a maximum of 16 minutes during peak hours. West Street was the least congested of most of the streets in the area. He fails to see how the City is going to gain anything at this time by condemning a 15-foot parcel of property specifically in front of a 75-foot strip of 727 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. motel. Until Disneyland or other development in that area takes place, he fails to see the need for condemning the property. Tom Kieviet. The street has been designated as a major arterial highway for a number of years on the City circulation element. With 70 years to go on the ground lease, their hands are tied in being able to redevelop that parcel. They need the strip to be dedicated in order to redevelop for their benefit and the benefit of the City as well. COUNCIL ACTION: Mayor Hunter closed the public hearing. City Attorney White. He clarified questions posed by Councilman Pickler~concluding that the only reason the City is involved in this case is because the tenant is seeking to obtain a building permit and cannot do so until there is dedication. Because dedication cannot voluntarily occur and because the City General Plan and City Policy is to acquire the right-of-way in that area, the City has agreed by a previous agreement entered into between the City and the tenant to seek to acquire the necessary right-of-way. It is in conformance with existing City Policy. The Engineering Department can speak to the technical issues. Art Daw, Deputy City Engineer. As stated, West Street was originally a secondary highway and updated to a major highway for the dedication requirement of 60 feet from centerline due to intense traffic congestion in the area. The present 5-year Capital Improvement Program does not have the widening of West Street in the program at this time. However, the last 3 years are very "soft" as far as projects and the firmness of them and subject to amendments on an annual basis. It is his opinion given the development that is occurring in the area, the likelihood of West Street being widened within 7 years is a very good possibility. Paul Singer, Traffic Engineer. Answering Councilman Ehrle, this is a very vital area and any time there is a development on any frontage in this specific C-R area, every effort should be made to acquire as much right-of-way as possible. There are developments scheduled for this area. They are definitely going to impact in a major way especially West Street as it will eventually hook up northerly to the I-5. Every opportunity should be taken whenever that opportunity presents itself to acquire the additional right-of-way speaking strictly from a traffic standpoint. City Attorney White. He clarified that under the current case, if the property is condemned, the cost will be paid for by the tenant, the Patels, 728 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. who are proposing to build the motel. The City will not bear the cost. Staff then answered additional questions posed relative to what properties have already been dedicated and the owners of the remaining properties on West Street at the conclusion of which, the following actions were taken: WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-319) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-319 for adoption, finding and determining the public interest and necessity for acquiring and authorizing the condemnation of a portion of that certain parcel of real property. (Schlund - Condemnee.) RESOLUTION N0. 89R-319: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (SCHLUND - CONDEMNEE) Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-319 duly passed and adopted. 179• CONTINUED PUBLIC H~A1tING - RECLASSIFICATION N0. 88-89-56. VARIANCE NO 3947 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Blash Momeny 2002 Business Center Drive, Suite 185, Irvine, CA 92715 AGENT: Michael Frazier 18200 Yorba Linda, Suite 201, Yorba Linda, CA 92686 LOCATION: The property is located at 3625 Savanna Street - north of Ball Road at Anaheim/Buena Park City Limits. PROJECT AS ORIGINALLY PROPOSED: Applicant requested a change in zone from RS-A-43,000 to RM-1200 or a less intense zone; and to construct a 3-story, 12-unit apartment complex with 2 code waivers. (See below). 729 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Reclassification No. 88-89-56 to the RM-1200 Zone was granted by the Planning Commission, under Resolution No. PC89-140; Variance No. 3947 was granted (Resolution No. PC89-141) with a limit of a total of 18 bedrooms in the project (6 one-bedroom units and 6 two-bedroom units), with following waivers: (a) maximum structural height - approved; (b) maximum site coverage - approved; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly at the meeting of June 13, 1989. This matter was continued from the meeting of July 18, 1989, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 6, 1989. Posting of property July 6, 1989. Mailing to property owners within 300 feet - July 7, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 22, 1989. The public hearing was opened on July 18, 1989 and testimony and input - received. The public hearing was then closed and since three votes were not cast to approve the project as offered by Councilman Hunter (the vote was two ayes, one no) the matter was continued to this date for full Council action. Mayor Hunter explained why the public hearing was continued and then asked Council Members Ehrle and Pickler if they had an opportunity to review the application as well as the minutes of the previous meeting. Councilman Pickler. He has read the minutes of the meeting and also viewed the video tape of the meeting and is fully apprised of the situation. He is in favor of the project. Councilman Ehrle, as well, stated he has done the same and has no problem with the proposed project. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council determined that the proposed project falls within the definition of Section 3.01 Class 11, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-320 and 89R-321) Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution Nos. 89R-320 and 89-321 for adoption; the first approving Reclassification No. 88-89-56 and the second; granting Variance No. 3947. Refer to Resolution Book.. 730 City Hall Anaheim California - COUNCIL MINUTES -July 25, 1989. 1:30 P.M. RESOLUTION N0. 89R-320: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION N0. 89R-321: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE N0. 3947. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 89R-320 and 89R-321 duly passed and adopted. 179• CONTINUED PUBLIC HEARING - VARIANCE N0. 3939. CATEGORICALLY EXEMPT. CLASS 11: APPLICANT: OWNER: Barbara Ann Smith 6555 E. Edinboro Circle, Anaheim, CA 92807 AGENT: Robert E. Smith, M.D. 6555 E. Edinboro Circle, Anaheim, CA 92807 LOCATION: The property is located at 6555 Edinboro Circle, Nohl Ranch Road/Carnegie Avenue. PROJECT AS ORIGINALLY PROPOSED: Waiver of prohibited ground-mounted equipment to retain a ground-mounted satellite dish. PROJECT AS APPROVED BY PLANNING COMMISSION: Variance No. 3939 was granted by the Planning Commission subject to revised plans with dish moved 20 to 30 ft down the slope and 30 ft from property line, under Resolution No. PC89-139; determined to be categorically exempt. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Daly at the meeting of June 13, 1989. This matter was continued from the meeting of July 18, 1989, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 6, 1989. Posting of property July 6, 1989. Mailing to property owners within 300 feet - July 7, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 22, 1989. 731 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. The public hearing was opened on July 18, 1989 and testimony and input received. The public hearing was then closed and since three votes were not cast to approve the project as offered by Councilman Hunter (the vote was two ayes and one no) the matter was continued to this date for full Council action. Mayor Hunter asked Council Members Ehrle and Pickler if they also had an opportunity to review the application and minutes in this matter. Council Members Ehrle and Pickler both confirmed that they had reviewed the minutes and the video tape of the proceedings and were fully apprised of the situation. Councilman Pickler noted that Councilman Daly had requested that additional landscaping be placed around the dish to mitigate any visual intrusion and he (Pickler) would like to make that a part of the approval and also that the landscape plan be approved by the Planning Department. Gloria Schiffer, 920 Bucknell Circle, asked to speak. Mr. Smith, the applicant, has indicated he wants to obstruct her view with trees. She would like assurance that nothing is planted which will endanger her view and is asking the Council's protection. Annika Santalahti, Zoning Administrator. What she will do in Condition No. 2 is to add an appropriate phrase to state that the shrubbery shall be planted around the base of the trees to screen the dish from adjacent properties but not of an ultimate height that would block the uphill view of the property owner. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Gouncilman Hunter, seconded by Councilman Pickler, the City Council determined that the proposed project falls within the definition of Section 3.01 Class 11, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-322) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-322 for adoption, granting Variance No. 3939, including landscaping to be provided around the dish as ultimately approved by the Planning Department. Refer to Resolution Book. RESOLUTION N0. 89R-322: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE N0. 3939. Roll Call Vote: 732 Citv Hall. Anaheim. California - COUNCIL MINUTES -July 25. 1989. 1:30 P M AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-322 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT N0. 88-SA: In accordance with application filed by Mobil Oil Corporation, 1255 Corporate Center Drive, Suite 201, Monterey Park, CA 91754-7611 public hearing was held on the proposed abandonment of an easement for public utility purposes located generally on the south side of Lincoln Avenue approximately 80' east of Beach Boulevard, pursuant to Resolution No. 89R-207, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated May 22, 1989 was submitted recommending approval of said abandonment. Mayor Hunter asked if anyone wished to speak either in favor or in opposition; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council ratified the determination of the City Engineer that the proposed activity falls within the - definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-323) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89-323 for adoption, approving Abandonment No. 88-8A. Refer to Resolution Book. RESOLUTION NO. 89R-323: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITIES EASEMENT ON THE SOUTH SIDE OF LINCOLN AVENUE, EAST OF BEACH BOULEVARD. (ABANDONMENT N0. 88-8A) Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-323 duly passed and adopted. 733 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. 179• CONTINUED REHEARING - VARIANCE N0. 3935 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Arvino Patel and Parvati Patel 425 W. Katella Avenue, Anaheim, CA 92802 AGENT: Dennis Bradford and Robert Waddle 301 N. W. 63rd, Suite 500, Oklahoma City, OK, 73116 LOCATION: The property is located at 615 W. Katella Avenue. PROJECT AS ORIGINALLY REQUESTED: To construct a 130 room hotel with two code waivers (See below). PROJECT AS APPROVED BY THE PLANNING COMMISSION• Variance No. 3935 was granted (PC89-115) for a 130 room hotel with code waivers: (a) minimum landscaped setbacks - approved; (b) minimum number of parking spaces - approved; approved EIR Negative Declaration. HEARING SET ON: At public hearing was held before the City Council on June 6, 1989, Variance No. 3935 was denied under Resolution No. 89R-223. A request for rehearing and affidavit of merit was submitted and a rehearing granted by the Council at the meeting of June 13, 1989, and subsequently a public hearing was scheduled on June 27, 1989. At the meeting of June 27, 1989 extensive discussion, testimony and input by staff was received at the conclusion of which Council vote ended in a two-two tie necessitating continuance of the public hearing to this date for full Council action. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 26, 1989. Posting of property May 26, 1989. Mailing to property owners within 300 feet - May 24, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 24, 1989. Councilman Pickler who was absent at that meeting stated that he had listened to the tape of the proceedings of June 27, 1989 and had read the minutes of that date, specifically the public hearing on Variance No. 3935 (see minutes of June 27, 1989). APPLICANT'S STATEMENT: Dennis Bradford, Chairman of Coachman Inns, 6711 Avendale Drive, Nichols Hills, Oklahoma. He showed the rendering of the facility which he had presented at the prior meeting and then briefed portions of his 734 City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989, 1_;30. P.M. presentation of June 27, 1989 relative to the driveway and Porte cochere area (see minutes of June 27, 1989). He then answered questions relative to the aesthetics of the chosen design for the building posed by Councilman Ehrle at the conclusion of which, Councilman Pickier asked to hear from staff once again relative to the concerns previously expressed. Paul Singer, Traffic Engineer. There is great concern with the adequacy of the vehicle and tour bus storage area in front of the Porte cochere. In the past week, photographs have been taken of the usage of Porte cocheres in the C-R area. (He then submitted photographs to the Council showing examples of Porte cocheres at facilities such as the Sheraton, Ball Road, Inn At The Park, Harbor south of Katella, The Marriott on Convention Way, etc.) Some have adequate areas and some do not. Those with only a 20 to 25-foot driveway are currently loaded up with either the vans or vehicles belonging to the facility or guests registering.. There is no way a bus will enter that area but rather will use Katella Avenue to load or unload passengers. For the past two years or more, the City has been working with the industry to try to get tour buses off the streets while serving the hotels. In this case, there is even an additional consideration. The property adjacent to the hotel is very small and if it should develop, has no chance whatever to provide any tour bus loading. Not only is this particular property a problem relative to bus loading, but the adjacent property owner is locked into the inability to properly serve these buses. The City will lose one lane off Katella if it is not diligent to what is happening in this critical area. There are some serious problems in this case and he would strongly recommend that some other arrangement be affected so that there would be an adequate loading area and no possibility of blocking Katella which would then result in the blocking of Harbor and Katella. Dennis Bradford. What they have provided in the brick turn around drive which will be marked as one way and no parking is approximately 2 1/2 lanes wide. If a car is illegally parked, a tour bus could still go through the property. It would take three cars illegally parked to block the lane or two cars illegally parked badly. They have made it difficult to check in if the registrant is parking out front. It is easier to park in the garage and enter the building in that manner. They also discussed last time putting a door man out front to remind people that there is no parking in that area. Twenty-five feet is adequate. There is no problem with height because there is no cover over the Porte cochere. Councilman Daly. He pointed out that although they have met the building codes, there is a landscaping requirement and parking requirement as 735 City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. well in this most sensitive part of Anaheim. They are asking for waivers in both of those areas not to mention the unusual design of the driveway less than 200 feet from the City's busiest intersection., COUNCIL ACTION: There being no further persons who wished to speak, Mayor Hunter closed the public hearing. Councilwoman Kaywood. A parking waiver of 78$ is being sought in this area to create another parking shortage where parking is at such a premium. To create another parking shortage is inappropriate. Going underground to park in order to check in is something that has not been done at other hotels in Anaheim. Keeping the 25-foot entry driveway free of parking in order to accommodate firefighting equipment will take more than just one doorman. Councilman Pickler. He has spoken with the Coachmen people and listened to all the previous testimony. His concerns lie with the problems expressed by the Traffic Engineer as well as with the building itself. He expects much more for the Disneyland area. As he stated at an earlier meeting, he still feels too much is being proposed on too small an area. It is a very critical area and although it has been said the proposal is better than what is there, he feels more can be done. Efforts are being put forth at the present time to improve the C-R area relative to signage, undergrounding utilities, traffic and circulation which is so critical to this most heavily congested area in the county. He wants to be sure that the City gets the best possible project on that property. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Pickler, 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. Councilman Hunter offered a resolution granting Variance No. 3935 which failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly, Pickler and Kaywood ABSENT: COUNCIL MEMBERS: None 736 Citv Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1.30 P M WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-324) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-324 for adoption, denying Variance No. 3935. Refer to Resolution Book. RESOLUTION N0. 89R-324: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE N0. 89R-324. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Pickler and Kaywood NOES: COUNCIL MEMBERS: Ehrle and Hunter ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-324 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT N0. 3157 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Thrifty Oil Company 10000 Lakewood Boulevard, Downey, CA 90240 AGENT: Tait & Associates Attn: Steve Tarkoff P.O. BOX 4429, Orange CA 92623 LOCATION: The property is located at 2800 West Ball Road - southwest corner of Ball Road and Dale Avenue. PROJECT AS ORIGINALLY REQUESTED: To permit a convenience market with gasoline sales. Sale of beer and wine not requested by the applicant. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Conditional Use Permit No. 3157 was granted (PC89-148) to permit a convenience market with gasoline sales. Applicant to close both corner driveways; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Daly and Councilman Hunter at the meeting of June 13, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 13, 1989. 737 City Hall Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. Posting of property July 13, 1989. Mailing to property owners within 300 feet - July 14, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 22, 1989. APPLICANT'S STATEMENT: Steven Jameson, Attorney representing the applicant, Circle K. Tait & Associates was representing the applicants previously. They are now the Engineering firm on the project. The subject is an application for a convenience store that is a remodel of the existing location. He was present to answer any questions. Councilman Daly. He feels the project is a good design with the exception of leaving the existing sign which is his concern. Steven Jameson. He referred to the rendering posted on the Chamber wall. They believe that a monument sign being as low as what would be required is going to cause a problem with traffic being able to see when coming around the corner. Given the location of the gas pump islands and canopy itself in that 25 feet was dedicated to the City, along with the planter presently existing, this is going to cause the monument sign to extend out into the circulation pattern of the property. Those are their concerns otherwise they are willing to accede to the Council's wishes. They would like to keep the pole sign if possible. Paul Singer, Traffic Engineer. The problem is self-generating. This particular service station came up several times before and at that point staff recommended that the entire station be reoriented 45 degrees to the corner thereby facilitating better pump locations, better orientation of the entire site and better parking. The applicant chose not to follow that particular orientation but to put the pumps parallel to Ball Road. They now have a problem of getting a sign on the site. He believes if the signs are oriented at 45 degrees or 90 degrees a sign could be accommodated very easily within the planter area. Steven Jameson. He did not agree that the problem was self-generating since initially a great deal of time was spent between Tait & Associates and the City to address all concerns which they met originally. They would like to comply with Council. If they can place a monument sign and get it to face both Ball Road and Dale, they will be satisfied. If pointing "catty corner" that will be a problem. 738 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. Paul Singer. He will be happy to work with the applicant and reorient the sign or even change it. It could even be placed in a "V" shape so it could serve all directions. It would still be the same two-way sign but slightly separate. He believes he can work with the applicant to satisfactorily solve the issue. Councilman Daly. He wants to be sure it is as attractive as possible. Paul Singer. He will see to it and possibly increase the landscaping in the process. Mr. Jameson stated that will be satisfactory. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. 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 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. 89R-325) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-325 for adoption, granting Conditional Use Permit No. 3157, and that the monument sign is to be placed appropriately and the applicant is to work with staff. Refer to Resolution Book. RESOLUTION N0. 89R-325: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 3157. Roll Call Vote: 739 City Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-325 duly passed and adopted. 179• PUBLIC HEARING - WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT NO 3159 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Republic Federal Savings & Loan Association, a Corporation P.0. Box 54089, Los Angeles, CA 90054-0089 AGENT: Dr. George W. Taus, M.D. 29000 S. Western Avenue, Suite 305, Rancho Palos Verdes, CA 90732 LOCATION: The property is located at 710-718 South Brookhurst Street (Sherwood Medical Center) southeast corner of Niobe Street and Brookhurst Avenue. PROJECT AS ORIGINALLY PROPOSED: To permit a temporary medical office trailer at an existing medical complex with waiver of minimum number of parking spaces. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Conditional Use Permit No. 3159 was granted for a period of three months only, (PC89-145) with hours of operation restricted to 7:00 a.m. to 9:30 p.m. - Saturdays; 7:00 p.m. to 9:00 p.m. - 3 nights a week. Also permitted only one trailer in inner courtyard, no generators with code waiver: (a) minimum number of parking spaces - approved; approved EIR Negative Declaration. HEARING SET ON: A letter of appeal was submitted by Christopher K. Courtney, on behalf of the agent, George W. Taus, M.D., and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 13, 1989. Posting of property July 13, 1989. Mailing to property owners within 300 feet - July 14, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 22, 1989. APPLICANT'S STATEMENT: Chris Courtney, representing Dr. Taus. The conditional use permit application was for Mobil Imaging Equipment at Sherwood Medical Center. The original application was approved on May 22, 1989 subject to certain restrictions. 740 City Hall. Anaheim. California - COUNCIL MINUTES - Jul~r 25. 1989. 1:30 P.M. The parking area to be used by this magnetic imaging equipment would consist of a truck and trailer. It will only be in the interior parking lot which is buffered by the medical center from the surrounding residential area. They also restricted the number of hours and days that Dr. Taus could operate. Finally, the CUP was granted for a period of only three months. A number of other City requirements were also imposed on the CUP. Dr. Taus has been more than glad to comply with all requirements but would like the Council to consider three modifications. (1) With the understanding that his CUP can be revoked at any time if he violates any of the conditions, he would like it made permanent rather than have to commence almost immediately the entire CUP process again. (2) He would like to have added to the hours of operation Sundays and one additional week night which would make it four week nights and Saturday and Sunday during the same hours of operation granted by the Planning Commission. (3) Dr. Taus is asking for consideration on the 10-foot radius curbs. He is already spending close to $15,000 on other fees necessary to comply. He has been utilizing the property for several years with sloped curbs. Another $3,000 to $4,000 to make radius curbs instead of sloped curbs is an additional expense Dr. Taus would like to avoid if possible. He also clarified for Councilwoman Kaywood that relative to the trailer, they have eliminated the use of the small parking lot completely. They have brought the electrical power unit back to the other side of the building and the equipment is only parked in the interior court of the building which buffers the residential zone. It is the large parking lot. Mayor Hunter asked to hear from anyone who wished to speak. Debbie Moore, 2173 Niobe. She wants to be assured that the CUP as approved by the Planning Commission is upheld i.e., that only one trailer will be in the inner courtyard and operated only on the electrical supply. She has no problem with anything else. Previously two and sometimes three trailers were operating which meant two were operated off generators. She wants to be assured that there are none in the north parking lot and that none are operating on generators. Since the last hearing, the applicant has complied and everything is satisfactory. As long as they continue to comply, she has no problems. Annika Santalahti, Zoning Administrator. Relative to the three month time limitation, the Planning Commission wanted to see how the use was operating. They would then have to come back and resubmit an application with a new -- public hearing to verify that it had not been troublesome to the surrounding neighbors. 741 City Hall Anaheim California - COUNCIL MINUTES - Julv 25, 1989, 1:30 P.M. Mr. Courtney then explained why the equipment was not housed in a building and also gave insight to the technology itself and the associated patient cost (also see his letter dated May 30, 1989 which contained detailed information). Councilwoman Kaywood asked Mrs. Moore if she was representing herself or the neighbors; Mrs. Moore answered that she was speaking for the two homes just east of the parking structure and herself. They are the ones who have experienced the problems with the generators and bringing trucks in at 1 and 2 a.m., washing the trucks at 1 and 2 a.m., lights shining in the bedroom windows, doing repair work, etc. That is no longer happening. She does not know about the residents to the southeast who are probably not as impacted because they have the buffer of the medical building. She clarified that she would have no problem in extending the CUP to six months"under the present conditions. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. Inasmuch as they have complied with everything the Planning Commission asked for, the neighbors do not seem to be too concerned and the most heavily impacted neighbors are not having a problem at this time. She would have no problem in granting the permit for six months. In any case, it is a CUP and it can be revoked at anytime. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, 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. 89R-326) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-326 for adoption, granting Conditional Use Permit No. 3159, subject to City Planning Commission conditions with modifications adding Sundays to hours of operation adding one more week night to hours of operation and that the CUP be granted for a period of six months. Refer to Resolution Book. RESOLUTION N0. 89R-326: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 3159. 742 City Hall Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M. Before a vote was taken, Mr. Courtney asked if the approval was going to include elimination of the requirement to provide radius curbs. Mayor Hunter clarified that the requirement for radius curbs was not being eliminated and would have to be provided as a condition of approval. A vote was then taken on the foregoing resolution with the added stipulations and the assurance that there would be only one trailer and no generators. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-326 duly passed and adopted. 179• PUBLIC HEARING - WAIVER OF CODE REQUIREMENT. CONDITIONAL USE PERMIT N0. 3160 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Harinder Grewal 6891 Avenida De Santiago, Anaheim, CA 92807 AGENT: J. P. Hunter 6891 Avenida De Santiago, Anaheim, CA 92807 LOCATION: The property is located at 4527 East La Palma Avenue - La Palma Avenue and Lakeview Avenue. PROJECT AS ORIGINALLY PROPOSED: To permit an auto repair facility with waiver of minimum number of parking spaces. PROJECT AS APPROVED BY THE PLANNING COMMISSION: Conditional Use Permit No. 3160 was granted (PC89-147) to permit the auto repair facility with no display of vehicles for sale, with waiver: (a) minimum number of parking spaces - approved; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Ehrle and Councilman Daly at the meeting of June 13, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 13, 1989. Posting of property July 13, 1989. Mailing to property owners within 300 feet - July 14, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 22, 1989. 743 City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1.30 P M APPLICANT'S STATEMENT: J. P. Hunter, 6891 Avenida De Santiago, Anaheim, Ca 92807. He is seeking approval of the requested CUP for his small repair facility consisting of 600 square feet and is present to answer questions. Councilman Ehrle. He has no problems with the requested CUP at this time. He drove by the property and feels that the site is adequate. Councilman Daly. He concurs. He also drove by the site and did more research. He has no problem with it. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilman Pickier. He asked staff if there was any problem with the parking going from 44 spaces to 12. Paul Singer, Traffic Engineer. He has had extensive meetings with the applicant and the type of operation he is proposing does not appear to be any problem. Most of the facility is going to be occupied for their own vehicles and only occasionally would he make any repairs. They have only three employees and could not process many vehicles to begin with. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, 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. 89R-327) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-327 for adoption. Refer to Resolution Book. 744 Cites Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. RESOLUTION N0. 89R-327: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 3160. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-327 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE N0. 3960 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Whirlpool Corporation 2000 M-63 North, Benton Harbor, MI, 49022 AGENT: Greer and Company 2323 W. Lincoln Avenue, Suite 207, Anaheim, CA 92801 LOCATION/REQUEST: The property is located at 917 E. Katella Avenue. Waiver of minimum number of parking spaces to expand the office area of an existing industrial building. PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR: Variance No. 3960 was approved by the Zoning Administrator (ZA89-39) to permit the use with 249 parking spaces and subject to modified conditions; approved EIR Negative Declaration. HEARING SET ON: A letter appealing the Zoning Administrator's decision submitted by John C. Gamble, Attorney for the owner, Whirlpool Corporation, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 13, 1989. Posting of property July 13, 1989. Mailing to property owners within 300 feet - July 14, 1989. STAFF INPUT: See Staff Report to the Zoning Administrator dated June 1, 1989. City Clerk Sohl announced that correspondence had been received from John C. Gamble on behalf of the appellant indicating that they wish to formally withdraw the appeal. City Attorney White. It will be necessary to call upon the public to see if anyone wishes to speak after which a determination can be made that the variance is no longer necessary and adopt a resolution terminating all proceedings in conjunction with Variance No. 3960. 745 City Hall. Anaheim. California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. Mayor Hunter asked if anyone wished to speak to Variance No. 3960; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, 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. 89R-328) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-328 for adoption, terminating all proceedings in conjunction with Variance No. 3960. Refer to Resolution Book. RESOLUTION N0. 89R 328: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE N0. 3960. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-328 duly passed and adopted. RECESS - CLOSED SESSION: - To consult with the City's attorney regarding potential litigation, pursuant to Government Code Section 54956.9(b)(1). By general consent the Council recessed to Closed Session. (4:58 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:30 p.m.) 130155: REHEARING - EMPIRE CABLE TELEVISION. INC.. AND NEGATIVE DECLARATION (EMPIRE INITIATED ORDINANCE): To consider granting a non-exclusive cable television franchise and installation of an underground television system with microwave antenna to Empire Cable Television, to be located in the East Anaheim Hills area, namely The Summit, The Highlands and Sycamore Canyon developments. At the meeting of April 11, 1989, the City Council adopted Resolution --- No. 89R-115 declaring its intention to grant a non-exclusive franchise for cable television to Empire Cable Television, to be located generally in the area of Weir Canyon Road in the Santa Ana Canyon, south of the Riverside Freeway, and setting the date and time for a public hearing as May 9, 1989. 746 sty Hall Anaheim California - COUNCIL MINUTES - July 25. 1989. 1:30 P.M. At the meeting of May 9, 1989, where extensive discussion, input and testimony was received, the City Council denied, without prejudice, the franchise application from Empire Cable Television, Inc. At the meeting of May 16, 1989, City Council approved the request by Farano & Kieviet, attorneys for Empire Cable TV, for rehearing, setting the date and time for the public hearing at June 13, 1989. At the meeting of June 13, 1989, City Council continued the rehearing to July 25, 1989, so that a revised franchise ordinance could be submitted by staff. The public hearing portion was closed and a decision by Council is to be made this date. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilman Hunter moved that the proposed Negative Declaration and the application of Empire Cable Television Inc. for a nonexclusive cable television franchise for a certain area of the City of Anaheim be denied for the reasons set forth in the City staff report dated May 1, 1989 and that the City Attorney be directed to prepare written findings of fact conforming with this decision and submit such findings of fact to the City Council for approval. Councilman Pickler seconded the motion. MOTION CARRIED. 155/130: PUBLIC HEARING - EMPIRE CABLE TELEVISION. INC.. AND NEGATIVE DECLARATION (CITY INITIATED ORDINANCE): To consider granting a non-exclusive cable television franchise and installation of an underground television system with microwave antenna to Empire Cable Television, to be located in the East Anaheim Hills area, namely The Summit, The Highlands and Sycamore Canyon developments. At the meeting of June 20, 1989, the City Council adopted Resolution No. 89R-242 declaring its intention to grant a non-exclusive franchise for cable television to Empire Cable Television, to be located generally in the area of Weir Canyon Road in the Santa Ana Canyon, south of the Riverside Freeway, and setting the date and time for a public hearing to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 29, 1989. STAFF INPUT: See Staff Report dated July 18, 1989, from Kristine Thalman, Intergovernmental Relations Officer, attached to which was a proposed ordinance. 747 City Hall. Anaheim. California - COUNCIL MINUTES - Julv 25, 1989, 1:30 P M Jack White, City Attorney. Prior to opening the public hearing, he announced that evidence and testimony that has been received by the Council previously in connection with this item including the original hearings and rehearing will be deemed evidence in this proceeding and need not be reiterated by the public. All of those items will be incorporated into this hearing and only new evidence given at this time. In addition to the exhibits that have been introduced, three additional items will be introduced as evidence in this hearing. Exhibit 15 will be a Mitigation Agreement approved by the City of Anaheim on July 25, 1989 and executed by ML Media. Exhibit 16 will be a proposed Mitigation Agreement approved by the City of Anaheim on June 13, 1989 which has not as yet been executed by Empire Cable TV. Exhibit 17 will be a letter dated July 24, 1989 to the Council from Walter W. Hansel of Cooper White and Cooper, Re: ML Media Partners L.P. He then recommended that the Council hear first from persons in favor and then those opposed. Since this is City initiated, there is no need for an opportunity for rebuttal. The hearing will then be closed and a decision made. Mayor Hunter asked to hear from those in favor. Floyd Farano, Farano & Kieviet, 100 So. Anaheim Boulevard. They have not seen the letter of July 24, 1989, Exhibit 17. He would like to have the opportunity to see that letter. Their client, Empire Cable, is willing to accept, will support and is in agreement with the staff prepared franchise agreement. They are willing to execute it as it has been prepared. Relative to the Mitigation Agreement, they do not have any strong feeling about that. The proposed franchise agreement, as prepared by staff, contains all of the material that is being proposed in the Mitigation Agreement. They are glad that ML has executed the agreement since it keeps things on an even level. City Attorney White clarified for the Mayor that the Mitigation Agreement and City initiated ordinance are separate documents. The main purpose was to allow the opportunity for Empire to have access to the so called trench areas if they wish to install conduit prior to the approval of any franchise. They would be doing it at their own risk and own cost to allow that cable to be installed prior to the time the trenches would be closed and potentially the streets paved. Even if a franchise were approved by the Council, it would be 37 days at the earliest before the franchise took effect. The reason for offering a separate document as a Mitigation Agreement was to allow early access since that seemed to be a concern not only to Empire, but also the City to make sure there was not a need in the future to cut up freshly paved streets to allow installation of additional cable at great cost to the franchisee and to the detriment of the people on the street faced with a patch job. All of the "level playing field" requirements are incorporated into the ordinance. The ML agreement is contingent upon the acceptance of the same terms by Empire so that one does not go without the other. If Empire determines they do not wish to have access to 748 City Hall. Anaheim. California - COUNCIL MINUTES - July 25 1989 1.30 P M the trenches to start laying cable until after the ordinance would take affect if approved, that would be their decision. Floyd Farano. Empire is willing to accept a separate Mitigation Agreement provided the franchise agreement is approved. If not, Empire would not execute it. Empire is in agreement with the franchise agreement proposed by staff and will execute the Mitigation Agreement as set forth in Exhibit 16 in the event the proposed Franchise Ordinance is adopted by the City. John Merritt, ML Media. The issue tonight is whether there will be three votes on the Council to improve or to let deteriorate the quality of cable service in the City. He questioned if the City will best be served by allowing part of a second cable system to be built in Anaheim Hills. ML believes the answer is a resounding no. Part of a cable system in part of a city will not serve the public policy in the City. Mr. Merritt then briefed the Council on what he predicts will happen if a second cable franchise is approved to operate in the City such as a twice as many complaints regarding construction, service will not improve because revenue losses sustained by ML Media as a result of another franchise will likely impair their ability to continue their response rate and will erase the substantial progress that has been made since their company bought the cable property in the City. There will likely be a rate war. ML would initially probably reduce its rates to meet competition in the area followed by a scenario where they would be forced to charge higher rates in the rest of the City. Discriminatory rates will negate any perceived benefit of a second cable system and clearly be contrary to sound public policy including the intent of the Federal Cable Act. People on the west side of the City will be paying higher rates because they do not live in Anaheim Hills and Anaheim Hills will pay lower rates because of what happens tonight. Programming will likely not improve and shows in process or in planning could be seriously impacted or eliminated. Mr. Merritt then sited many of the positive things that were reported in the HRI (Harbricht Researh, Inc.) Cable TV Subscriber Survey relative to the present service provided by Multivision Cable TV. Mr. Merritt's closing remarks reiterated some of the testimony previously given wherein he quoted not only from the April 20, 1989 staff report but also from a rendr~ from a professional outside consultant, "economic competitiox~:,_ra a complete or overbuild basis is not sustainable and will -.~t produce adverse societal costs." He could not agree more ~~~~ strongly. He asked the Council to allow ML to continue the ;~~~;~ quality of service that all residents deserve in all of the ^i. :t~0 749 City Hall. Anaheim. California - COUNCIL MINUTES _- July 25. 1989, 1:30 P.M. COUNCIL ACTION: There being no further persons who wished to speak either in favor or in opposition, Mayor Hunter closed the public hearing. Councilman Pickler. He acknowledged that the results of the survey relative to ML were positive. He is concerned that Mr. Merritt inferred that the fine service being provided will deteriorate in several areas dependent upon Council's actions tonight. He sees no reason why service and programming should deteriorate and hopes that the quality of service is maintained. Having two franchises will create some competition. He was mostly concerned that access be available to both companies and that there is an even playing field. Mayor Hunter. He gave an analogy to the situation with that of Anaheim Disposal. They do not have competition and if someone wanted to provide the same service, no one would say that Anaheim Disposal was not doing a good job as well as being community minded. He sincerely believes that the Council should deny Empire going into the Hills area for the reasons stated. They will charge lower rates and customers on the west end of the City are going to have to pick up for those on the far east end which should be .sr just the opposite. Multivision is involved in the community and r: they provide a good product and good service and they do provide ~! access. Those are things he has not heard from Empire. The Mitigation Agreement should have been signed by them before coming in and it has not been signed as yet. They are saying that the ordinance should be signed first. If they are acting in good faith, Empire should have signed the Mitigation Agreement long ago and they could be laying cable. Councilman Ehrle. He disagreed with the Mayor's analysis. He believes in the free enterprise system and feels this is the issue. He has high regard for ML and what they do in the City. He feels just the opposite of what Mr. Merritt indicated. Empire is going to have a difficult act to follow. He feels that this will not only help ML but it is going to cause Empire to work very hard. Under the concept of the free enterprise system, he feels they should move ahead with the second franchise. Before further action was taken, Councilwoman Kaywood stated she is very ~®ncerned this will open a pandora's box. If Empire wanted to go Citywide and compete on a level playing field, she would have no problem with that except far tearing up the streets a second time. To pick out one area and announce ~tlead of time that rates will be lower is starting a price war. She is ~dhcerned that the rest of the City is going to feel the Council let them down ,~~~anitting a second service for less money to go out in that area and that the Council is not looking out for the whole City. She referred to the favorable 750 Citv Hall._Anaheim California - COUNCIL MINUTES - Julv 25. 1989. 1:30 P.M. report received today on ML service which was as a result of Mr. Merritt ars:c~ ML coming into the City and delivering their promises of better service. There is no way she can approve a second franchise. She believes it is unfair.. MOTION: Councilman Pickler moved that the Negative Declaration and the City-initiated application granting to Empire Cable Television, Inc. a non-exclusive cable television franchise for that certain area of the City of Anaheim described in the franchise ordinance, be approved and that the Cit1~ Attorney be directed to prepare written findings of fact conforming with tY;is decision and submit such findings of fact to the City Council for approval. Councilman Ehrle seconded the motion. Council Members Kaywood and Hunter voted no. MOTION CARRIED. Councilman Pickler offered Ordinance No. 5057 for first reading. ORDINANCE N0. 5057: AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING TO EMPIR~a CABLE TELEVISION, INC. THE NONEXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO L~~. AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, RECEIVING DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND OTHER CABLE COMMUNICATION SERVICES ALONG, ACROSS AND UPON CERTAIN PORTIONS OF THE PUBL~~ STREETS, WAYS, ALLEYS, AND PLACES WITHIN PORTIONS OF THE CITY OF ANAHEIM. ADJOURNMENT: Councilman Hunter moved to adjourn. Councilman Ehrle seconded the motion. MOTION CARRIED. (6:05 p.m.) LEONORA N. SOHL, CITY CLERK 751