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1989/09/12City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5:30 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 CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER: Paul Singer PLANNING DIVISION MANAGER: Mary McCloskey A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:25 p.m. on September 12, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION; City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46. b. To discuss labor relations matters - Government 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 regarding 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 Gtty Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:52 p.m.) INVOCATION; Reverend Louis Rohrs, Trinity United Methodist Church, gave the invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 872 City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5:30 P.M. 119: PRESENTATION - SPECIAL CERTIFICATE OF RECOGNITION TO CITY TREASURER. MARY TURNER; Mayor Fred Hunter and Council Members presented a Special Certificate of Recognition to City Treasurer, Mary Turner, recognizing her prestigious appointment to the State of California Local Agency Investment Advisory Board on September 10, 1989. Mrs. Turner was congratulated and commended for the fine work she performs for the City of Anaheim. 119: PROCLAMATIONS; The following proclamations were issued by Mayor Hunter and authorized by the City Council: Education Day in Anaheim, September 20, 1989, POW-MIA Recognition Day in Anaheim, September 15, 1989, Housekeeping Week in Anaheim, 119; PROCLAMATION AND DECLARATION OF THANKS; The following proclamation was issued by Mayor Hunter and authorized by the City Council: Wipe Out Graffiti Month in Anaheim, September, 1989. Mrs. Eleanor Bay accepted the proclamation. Declarations of Thanks were unanimously adopted by the City Council and presented to the following organizations for their contributions to the City's "Keep Anaheim Graffiti Free" program: KDOC-TV, Jertlyn Donovan and Beth Bingham accepting; Dunn Edwards Paints Corporation, Larry Vanerwal accepting; Anaheim Beautiful, Eleanor Bay accepting; Anaheim Disposal, Bill Taormina accepting; Set Free Christian Church (no representative present). Mr. John Poole, Anaheim's Code Enforcement Manager, then briefed some of the new programs that have been instituted and others that will be instituted, all aimed at the ultimate goal of Wiping Out Graffiti in Anaheim. Hats were also presented to the Council representative of the effort. 119; PROCLAMATION - HISPANIC POLICE OFFICER OF THE YEAR - 1988/89 FOR THE CITY OF ANAHEIM; The City Council ratified the subject proclamation which was previously presented to Officer Joe Vargas by Mayor Hunter at a ceremony honoring officers of Hispanic decent from a vote of their peers for outstanding performance of their duties. MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular meetings held August 5 and August 15, 1989. Councilman Ehrle seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITy in the amount of $3,716,854.41 for the week ending August 25, 1989 and $2,322,104.42 for the week ending September 1, 1989, and $4,212,229.77 for the week ending September 8, 1989, in accordance with the 1989-90 Budget, were approved° WAIVER OF READING - RESOLUTION/ORDINANCES; The titles of the following resolutions and ordinances on the Consent Calendar were read by the City 873 City Hall, Anaheim, California COUNCIL MINUTES September 12, 1989, 5;30 P.M. Manager. (Resolution Nos. 89R-373 through 89R-378, both inclusive for adoption; and Ordinance No. 5061 for adoption) Councilman Pickler moved to waive the reading in full of the resolutions and ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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 Pickler offered Resolution Nos. 89R-373 through 89R-378, both inclusive for adoption; and Ordinance No. 5061 for adoption. Refer to Resolution/Ordinance Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by James Schumann for bodily injury sustained purportedly due to actions of the City on or about March 27, 1989. b. Claim submitted by Deborah L. Scott, Aaron J. and Nicholas L. Scott, minors through David A. Scott, guardian ad lttem, for bodily injury sustained purportedly due to actions of the City on or about February 3, 1989. c. Claim submitted by Louise Sommer for property damage sustained purportedly due to actions of the City on or about April 30, 1989. d. Claim submitted by David J. Catalano for property damage sustained purportedly due to actions of the City on or about April 8, 1989. e. Claim submitted by Brianna M. Parry for property damage sustained purportedly due to actions of the City on or about July 13, 1989. f. Claim submitted by Jerry Williams for property damage sustained purportedly due to actions of the City on or about May 5, 1989. g. Claim submitted by Norma D. Satchell Adams for property damage sustained purportedly due to actions of the City on or about March 7 and 8, 1989. h. Claim submitted by George McCue for bodily injury sustained purportedly due to actions of the City on or about May 21, 1989. i. Claim submitted by Diane L. Bergman for property damage sustained purportedly due to actions of the City on or about February 6, 1989. J. Claim submitted by Nicholas Titor for property damage sustained purportedly due to actions of the City on or about July 22, 1989. 874 City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5;30 k. Claim submitted by Rosemarie Conroy for bodily injury sustained purportedly due to actions of the City on or about February 1, 1989. 1. Claim submitted by Lois Collard for property damage sustained purportedly due to actions of the City on or about July 28, 1989. m. Claim submitted by Dynamx, Inc. for property damage sustained purportedly due to actions of the City on or about June 24, 1989. n. Claim submitted by Gary Wirfs for property damage sustained purportedly due to actions of the City on or about July 11, 1989. A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission meeting held June 22, 1989. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held June 28, 1989. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held July 26, 1989. 105: Receiving and filing minutes of the Public Utilities Board meeting held July 20, 1989. 105: Receiving and filing minutes of the Public Utilities Board meeting held August 3, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held August 2, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held August 9, 1989. 173: Receiving and filing a Notice of Application in the matter of David Regwan dba All American Shuttle for a certificate of public convenience and necessity to operate a passenger stage corporation between points in Los Angeles County and points in certain portions of Ventura and Orange counties on the one hand, and Los Angeles International Airport, Burbank Airport, John Wayne-Orange County Airport, Ontario Airport, Amtrak Union Station and Los Angeles and Long Beach Harbors, on the other hand. 171/178: Receiving and filing Resolution 8233 adopted by the Board of Directors of the Metropolitan Water District of Southern California, levying a tax for the fiscal year 1989-90 (commencing July 1, 1989 and ending June 30, 1990). A3. 175: Approving the Notice of Completion of the construction of 20" Convention Way Water Main - Phase II, by Mtki Construction, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. 875 City Hall, Anaheim, California - COUNCIL MINUTES September 12, 1989, 5;30 P.M. A4. 175: Approving the Notice of Completion of the construction of Large Valve Replacement Phase III by Valverde Construction, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 109/167: RESOLUTION NO. 89R-373: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SUBMITTAL OF A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM. (For funds to reduce fuel consumption through modification of the traffic signal systems.) A6. 123: Approving a First Amendment to Agreement with Wtlldan Associates, concerning the Euclid Street Street, Storm Drain, Sewer and Water Improvement Project. A7. 158~ RESOLUTION NO, 89R-374: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting those certain irrevocable offers of dedication for Tract No. 9601, consisting of an easement for storm drain purposes; easement for public utility purposes; domestic water system and appurtenances; sanitary sewer system and appurtenances; street lighting and appurtenances; storm drain system and appurtenances and Hummingbird Circle for street purposes.) AS. 123: Approving an agreement with Woodcrest Development, Inc., for payment (to the City) of Revenue Shortfall Fees in the sum of $111,900 on or before June 29, 1990, to satisfy Condition No. 12 of Specific Plan 88-1 Sycamore Canyon. Ag, 149/142; ORDINANCE NO, 5061 ADOPTION; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .2420 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING. (Prohibiting parking at any time on Jefferson Street, on the east side, from Coronado Street to 660 feet north of Coronado Street.) Al0. 160: Accepting the low bid of Consolidated Electrical Distributors, in the amount of $31,058 for 20,000 feet of Aerial Communication Cable, in accordance with bid #4730. All. 160: Accepting the low bid of Pacific Envelope Company, in the amount of $20,180.28 for utility bill envelopes, in accordance with bid #4729. Al2. 160: Accepting the bid of Los Angeles Fretghtltner GMC, Inc., in the amount of $118,432.74 for one 4500 gallon fuel tank truck in accordance with bid #4721. Al3. 160: Accepting the bid of Buena Park Wholesale Electric, in an amount not to exceed $113,526 for 25,000 feet of 15 KV U.R.D. Cable, in accordance with bid #4725. Al4. 160: Accepting the bid of Kuhlman Electric Company, in the amount of $25,020.24 for 26 single phase, overhead type transformers, in accordance with bid #4719. 876 City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5;30 P.M. Al5. 160: Accepting the bid of Siemens Energy & Automation c/o Matzinger and Keegan Company, in the amount of $54,904 (including tax and seismic analysis) for one 230 KV, 3000 amp disconnecting switch with grounding switch attachment, and one 230 KV, 3000 amp disconnecting switch without grounding switch attachment, in accordance with bid #4708. 160: Accepting the bid of Southern States Company c/o Connectric Company, in the amount of $39,681.10 for two 69 KV, 2000 amp horizontal mounted disconnecting switch without grounding switch, and one 69 KV, 2000 amp vertical mounted disconnecting switch with grounding switch attached, and one 69 KV, 2000 amp vertical mounted disconnecting switch without grounding switch attachment, in accordance with bid #4708. Al6. 160: Accepting the low bid of, and approving an agreement with Pacific Equipment and Irrigation, Inc., in an amount not to exceed $18,335.08 per month (for a period of sixty months beginning October 1, 1989) for furnishing rental turf equipment to two Golf Courses and the Stadium, in accordance with Bid #4712. Al7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Advanced Control Systems, in the amount of $56,308 for upgrade equipment for the Public Utility Department's SCADA System. Al8. 123: Waiving Council Policy 401, and approving an agreement with David M. Grifftth and Associates, Ltd., in an amount not to exceed $5,000 for consultation services for cost allocation plan and indirect cost proposal assistance. Al9. 101.123: Approving an agreement for financial advisory services (Sports Arena Financing Project) with Seidler-Fitzgerald as financial advisor regarding the sale of the certificates of participation for the purpose of financing the project at a not-to-exceed fee of $17,500 plus reimbursement for out-of-pocket costs, not-to-exceed $2,500. City Attorney White answered questions posed by Councilman Pickler relating to the proposed fees covered by the contract. A20. 124.123: Approving an agreement with Seldler-Fitzgerald as financial advisor regarding the sale of certificates of participation for the 1989 Parking Facilities Refinancing Project at a not-to-exceed fee of $25,000, plus reimbursement for out-of-pocket costs, not-to-exceed $5,000. City Attorney Whtte answered questions posed by Councilman Pickler relating to the proposed fees covered by the contract. A21. 144/150: Accepting funds in the amount of $100,000 from the County of Orange Urban Parks Program, and appropriating those funds to La Palma Park (16-827) and Oak Canyon Nature Center (16-810) in the amount of $50,000 for each program. 877 City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5;30 P.M. A22. 150/145: Reaffirming the City's support of the development of a regional meeting center at Yorba Regional Park and instructing the Mayor to sign and submit a letter to Supervisor Roth requesting his support and the Board of Supervisors' support of this project. A23. 123: Approving a Third Amendment to Agreement with Schema Systems, Inc., to extend the existing agreement for one additional year (to expire June 30, 1990) for consulting services in connection with the Police Automated Systems Development at a cost not to exceed $70,000. A24. 156: Approving the lease/purchase of a Mc Donnell/Douglas 500E helicopter at a cost of $653,330 to replace the 1975 Hughes 500C currently in use by the Police Department. 152: Authorizing the Finance Director to obtain proposals from several financial institutions on a lease/purchase of a Mc Donnell/Douglas 500E helicopter. A25, 153; RESOLUTION NO, 89R-375; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-287 WMICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the classifications of Service Shift Supervisor and Service Lead Worker, effective August 18, 1989.) 153: RESOLUTION NO, 89R-376: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-287 WMICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERALUNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To delete the classifications of Lead Cleaner Set-Up Worker II and Lead Cleaner Set-Up Worker I, effective August 18, 1989.) A26. 112/153: Approving one new position in the City Attorney's Department entitled "Assistant City Attorney-Redevelopment", to perform legal services for the Anaheim Redevelopment Agency and Anaheim Housing Authority. 153; RESOLUTION NO, 89R-377; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-366 WHICH ESTABLISHED RATES OF GOMPENSATION FOR GLASSIFIGATIONS DESIGNATED AS PROFESSIONAL. (To create the position of Assistant City Attorney - Redevelopment, effective September 29, 1989.) A27. 123: Approving an agreement with Law Offices of Jeffrey M. Epstein in the amount of $105 per hour for attorney services, and authorizing the City Attorney to sign said agreement on behalf of the City. A28. 123: Approving an Enclosed Parking Facilities Management Agreement with Century Parking, Inc., for parking operations within the five-story parking structure at Anaheim Hilton & Towers at a fee of $1750 per month. A29. 123: Approving the proposed release of covenant for Woodcrest Development, Inc., relating to the Sycamore Canyon development (Specific Plan 878 City Hall, Anaheim, California - COUNCIL MINUTES - September 1~, [989, 5;30 p,M, __ No. 88-01), and authorizing the Mayor and City Clerk to execute said release on behalf of the City. A30, 158; RESOLUTION NO, 89R-378; 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. A31. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar.) Roll Call Vote on Resolution Nos. 89R-373 through 89R-378: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-373 through 89R-378, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5061: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance No. 5061 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A31, 114/142; ORDINANCE NO, 5062 - CITY COUNCIL NIGHT MEETINGS: Amending subsection .010 of section 1.12.010 of Chapter 1.12 of Title 1 of the Anaheim Municipal Code relating to night meetings of the City Council. The ordinance was discussed and introduced at the meeting of August 22, 1989 (see minutes that date). Before action was taken on the ordinance, Councilwoman Kaywood asked for clarification relative to the agreement the City has with the Celebrity Theatre on use of the City parking structure on Tuesday evenings if all Council meetings are held at night. City Attorney White first explained the provisions of the agreement. He then clarified that on Tuesday evenings technically after 7 p.m., the parking structure belongs to the Theatre for its use. Up to now, management of the Theatre has cooperated with the City in providing spaces to people who attend City Council meetings. He has not had any contact with them relating to any change in their policy or reaction to the change in Council's policy on evening Council meetings. He does not know if in the future that same policy will continue. Councilman Pickler. He reiterated his concern that the proposed ordinance discriminates against people who are unable to attend night meetings. He 879 City Hall, Anaheim. California - COUNCIL MINUTES - September 1~, 1989, 5;30 P.M, moved that the Council reconsider its motion of August 22, 1989 where the majority of the Council voted to hold all night Council meetings. Councilwoman Kaywood seconded the motion. Council Members Daly and Ehrle voted no. MOTION CARRIED. City Attorney White first answered procedural questions posed by Councilwoman Kaywood relating to the start of night Council meetings. Councilman Pickler. than reiterated his concerns regarding holding all night Council meetings (see minutes of August 22, 1989), emphasizing that the schedule of two day meetings and two night meetings a month had worked very well and also that he has heard from no one requesting additional night meetings. If the Council goes to all night meetings, he would like to review the matter in six months to a year with the possibility of going back to both day and night meetings. Now they provide access for all citizens with two day and two night meetings but will all night meetings they will not be providing access to everyone. Councilwoman Kaywood. The Orange County Board of Supervisors holds meetings two days a week at 10 a.m. and large cities also have daytime meetings. Those cities who meet at night do not have regularly scheduled weekly meetings such as Anaheim does. Mayor Hunter. He called every city in Orange County and they all meet at night. Councilman Pickler. Although that may be true, most meet only twice a month or once a month. Mayor Hunter. He feels another important point is that with night meetings, any person who has a regular daytime job will be able to run for a Council seat, something that has not been made available for many years; Councilman Pickler did not agree that day meetings were a deterrent as evidenced by the fact that 20 to 25 people usually run for a Council seat. Councilwoman Kaywood. She reiterated her concern over the implication if a person has a few hours on Tuesday night to attend Council meetings then they can run for office. She feels that is not true. To be a Council Member takes a great deal of time. ORDINANCE NO. 5062; Amending Subsection .010 of Section 1.12.010 of Chapter 1.12 of title 1 of the Anaheim Municipal Code Relating to meetings of the City Council. WAIVER OF READING - ORDINANCES; The title of the following ordinance was read by the City Clerk. (Ordinance No. 5062) Councilman Hunter moved to waive the reading in full of the ordinance. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Hunter offered Ordinance No. 5062 for adoption. Book. 880 Refer to Ordinance City Hall, Anaheim. California - COUNCIL MINUTES - September 12. 1989. 5;30 ORDINANCE NO, 5062; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MEETINGS OF THE CITY COUNCIL. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle and Hunter Pickler and Kaywood None The Mayor declared Ordinance No. 5062 duly passed and adopted. 123/~29; ORANGE COUNTY-CITY HAZARDOUS MATERIAL EMERGENCY JOINT POWERS AUTHORITY; Approving the Joint Exercise of Powers Agreement creating the Orange County-City Hazardous Material Emergency Response Authority between Anaheim, Newport Beach, Huntington Beach, Santa Aha, and the County of Orange, and authorizing the Mayor to execute said agreement. Submitted was report dated September 5, 1989 from Fire Chief Jeff Bowman, recommending approval of the Joint Exercise of Powers Agreement which was attached to the report (made a part of the record). City Manager, Bob Simpson. He has asked the Fire Chief to make a presentation on the subject. The matter has been going on since 1985 when the City faced its first hazardous response and recovery. The City has been attempting to bring this matter to a resolution since that time by forming a Joint Powers Authority but up to this time have been unable to do so involving the entire County. A reasonable resolution, has now been reached which Chief Bowman will explain. Fire Chief, Jeff Bowman. He briefed the discussion contained in his September 5, 1989 report. (Chief Bowman's presentation was supplemented by slides). The slides showed some of the things the Hazmat Team does. Chief Bowman also briefed portions of the 40-page agreement which included Exhibits A through D. Staff has been working for four years to form a Joint Powers Authority to provide for a hazardous material emergency response program. It is a good plan which is still getting some resistance. The aforementioned cities and the County are willing to move forward at this time. He then explained the fair share contribution concept which proposes an equitable sharing of costs by all fire agencies in Orange County (also see Exhibit A). Many agencies have indicated an unwillingness to subscribe to the fair share concept. If a city/agency chooses not to do so, it is the feeling of the provider agencies not to respond. However, if an emergency arises, they will respond and then bill accordingly. Chief Bowman concluded his presentation by outlining the benefits to be derived as a Member of the Joint Powers Authority. He then answered questions posed by Council Members relative to the proposed agreement. MOTION; Councilman Pickler moved to approve the Joint Exercise of Powers Agreement creating the Orange County-City Hazardous Material Emergency Response Authority between Anaheim, Newport Beach, Huntington Beach, Santa 881 City Hall, Anaheim, California COUNCIL MINUTES September 12, 1989, 5;30 P.M. Ana, and the County of Orange, and authorizing the Mayor to execute said agreement. Councilman Hunter seconded the motion. MOTION CARRIED. 144/162; ALTERNATE MEMBER - SENIOR CITIZENS ADVISORY COUNCIL; Councilwoman Kaywood moved to approve the request from Herman Siegmund in letter dated August 17, 1989 to be considered as an alternate member on the Senior Citizen's Advisory Council - Area Agency on Aging, representing Anaheim in the Fourth District appointee with the Orange County Division, League of California Cities for the new term beginning January 1, 1990. Councilman Daly seconded the motion. MOTION CARRIED. Councilman Pickler. He noted that since the recommendation goes to the League of Cities as clarified by Councilwoman Kaywood, that the appointment of Mr. Siegmund as an alternate member in the Fourth District is not totally assured by Council's vote tonight; however, he will work towards the appointment as recommended. 105; REPRESENTATIVE TO PARKS AND RECREATION COMMISSION; Councilwoman Kaywood moved to appoint Planning Commissioner Mary Bouas as representative to the Parks and Recreation Commission, as nominated by Planning Commissioner McBurney at the Planning Commission meeting of August 14, 1989. Councilman Daly seconded the motion. MOTION CARRIED. 105: YOUTH COMMISSION - ACCEPTING RESIGNATIONS - DECLARING VACAN¢Ig$ AND APPOINTING ALTERNATES; Memorandum dated August 24, 1989 was submitted by Chris Jarvi, Director of Parks, Recreation & Community Services, recommending that certain actions be taken relative to the Youth Commission. MOTION; Councilwoman Kaywood moved to (1) accept the resignation of Youth Commissioners Kurt Tiedtke and Thoy Yann, (2) declaring the seat of Jody De Best vacant, and (3) moving alternates Daniel Flynn and Janet Jo to appointed commissioners, leaving the positions of first, second and third alternate to be appointed. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood nominated Camelia Mazard and Sara Pai as alternates to the Youth Commission. Councilman Daly nominated Samar Malak Abboud as an alternate to the Youth Commission. There were no additional nominations. The following were appointed as alternates to the Youth Commission: 1st Alternate: Samar Malak Abboud 2nd Alternate: Camelia Mazard 3rd Alternate: Sara Pai 882 City Hall, Anaheim, California - COUNCIL MINUTES - September 12. 1989. 5:30 Councilwoman Kaywood also asked that there be another advertising for Youth Commissioners and that a space be added on the application to indicate what grade they are in. 105; APPOINTMENT TO THE COMMUNITY SERVICES BOARD FOR THE TERM ENDING JUNE 30, 1991; Councilman Ehrle. He would like to have the appointment continued since there are many applications and he wants to have an opportunity to review those. Councilwoman Kaywood. She has reviewed the applications and is nominating Trtni Melcher who she feels would be an excellent addition to the Community Services Board. She then gave Mr. Melcher's background. MOTION; Councilman Ehrle moved to continue the appointment to the Community Services Board for the term ending June 30, 1991 for two weeks. Councilwoman Kaywood voted no. MOTION CARRIED. 179; REQUEST FOR REHEARING VARIANCE NO, 3747 AND NEGATIVE DECLARATION - MODIFICATION OF CONDITION; Request for Rehearing and Declaration of Merit dated September 1, 1989 was submitted by Donald Piliero and Donald Van Hoff, regarding the subject variance and modification of conditions. At the City Council meeting of August 15, 1989/ the Council granted modification of conditions deleting Condition No. 8 of Resolution No. 88R-108 (Variance No. 3747) which now allows Lots 33, 34, 35, 36 and 37 to be developed under existing Code requirements relative to height limitations instead of the 18-foot restriction imposed at the Council meeting of March 8, 1988 (see minutes of March 8, 1989 and August 15, 1989). Councilman Hunter moved to grant the request for rehearing. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Pickler stated he feels they have thoroughly discussed the issue and he does not see any reason for a rehearing. A vote was then taken on the foregoing motion to grant the rehearing and carried by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Kaywood and Hunter Daly and Pickler None It was determined that the public hearing will be held on Tuesday, October 10, 1989 at 6:00 p.m. Councilman Ehrle left the Council Chambers. (6:47 p.m.) 179; AMENDING RESOLUTION NO, 88R-397, NUNC PRO TUNC: WAIVER OF READING RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-379) 883 City Hall, Anaheim, California - COUNCIL MINUTES - September 12. 1989, 5;30 P.M. Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-379 for adoption, amending Resolution No. 88R-397, nunc pro tunc, thereby amending the legal description of the property rezoned under Reclassification No. 88-89-11, from PD-C (Parking District - Commercial) to PD-G/RM-2400 (Parking District - Commercial/Residential Multiple Family.) Property is located at two different sites east side of Anaheim Boulevard, one on Cypress Street and the other on Wilhelmtna Street. Refer to Resolution Book. RESOLUTION NO, 89R-379; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-397, NUNC PRO TUNC. Roll Call Vote: AYES: NOES: TEMPORARILY ~BSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Pickler, Kaywood and Hunter None Ehrle The Mayor declared Resolution No. 89R-379 duly passed and adopted. Councilman Ehrle entered the Council Chamber. (6:49 p.m.) 179: ORDINANCE NOS, 5063 THROUGH 5065 - INTRODUCTION: Councilman Pickler offered Ordinance Nos. 5063 through 5065, both inclusive, for introduction. ORDINANCE NO. 5063; 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 properties under Reclassification No. 88-89-11 from the PD-C zone to the PD-C/RM-2400 zone. Property is located at two different sites east side of Anaheim Boulevard, one on Cypress Street and the other on Wilhelmina Street.) ORDINANCE NO. 5064: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING, NUNC PRO TUNC, VARIOUS SECTIONS AND CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending, nunc pro tunc, various sections and chapters of Title 18 of the Anaheim Municipal Code relating zoning, and specifically relating to minimum depth of required front yard and required setbacks and yards pertaining to garages.) ORDINANCE NO. 5065: 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. 88-89-37, located at 3700 and 3701 West Savanna Street, from the RM-iO zone (City of Buena Park) to the RS-A-43,000 zone.) ITEMS OF PUBLIC INTEREST: Ron Bengoshea. A few weeks ago problems in the neighborhood of the Tamara Lane/Nutwood Street area were addressed to the City Council. A request was made for more police visibility in the area. The request was honored and 884 City Hall, Anaheim, California - COUNCIL MINUTES - Seotemb~r 12, %989, 5;30 P,M. since the police have been visible things have quieted down in the area and the neighbors are appreciative. They hope to see the police visibility remain in order to preclude additional problems. RECESS; By general consent the Council recessed for ten minutes. (6:52 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (7:09 p.m.) 134/179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 258. RECLASSIFICATION NO, 88-89-60, VARIANCE NO, 3959 - REQUEST FOR WITHDRAWAL WAIVER OF COUNCIL POLICY NO, 542 MITIGATED NEGATIVE DECLARATION: APPLICANT: OWNERS: Alireza Jalalipour and Abolfazl Jalaltpour-Makot 5753 Maxson Drive, Cypress, CA 90630 LOCATION/REQUeST: The property is located at 3700-3750 West Savanna Street, for a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. The petitioner requests amendment to the Land Use Element of the General Plan to designate subject property for Medium Density Residential land uses (subject property has been recently annexed from the City of Buena Park) and waiver of Council Policy No. 542 (pertaining to sound attenuation) to construct a 2-story, 8-unit addition to an existing 12-unit apartment complex. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 258, Approved Exhibit B; Reclassification No. 88-89-60 was granted for RM-2400 (PC89-194); City Council review of Reclassification No. 88-89-60 was requested by the Planning Commission; Variance No. 3959 was withdrawn; Waiver of Council Policy No. 542 was approved; (PC89-193, PC189-194, 5 yes, 1 absent, 1 vacancy); approved Mitigated Negative Declaration. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 31, 1989. Posting of property August 30, 1989. Mailing to property owners within 300 feet - September 1, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 31, 1989. APPLICANT'S STATEMENT: Alireza Jalaltpour, 5753 Maxson Drive, Cypress, CA 90630. There is an existing 8 units and they proposed 12 units for RM-1200 but he believes the Planning Commission proposed RM-2400 He surmises that the 6 units were approved. It is an existing 8-unit project and it will be a 6-unit addition to the existing 8 which will make 14 units under RM-2400. Anntka Santalahti, Zoning Administrator. Although the original General Plan Amendment was for medium density which would have allowed the 1200 zoning, the Commission 885 City Hall, Anaheim, California COUNCIL MINUTES - September 12, 1989, 5;30 P,M. in dropping the zoning to RM-2400 also dropped the General Plan to iow medium to this particular piece of property. It is on the agenda solely because it is a General Plan Amendment which the Council has to act on automatically. The property was in the City of Buena Park and there was no General Plan on it whatsoever. This is a technical matter. Alireza Jalalipour. He added that they are very proud to be annexed to the City of Anaheim. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION; Mitigation measures relating to the provision of adequate water capacity have been identified in the Negative Declaration and are listed as conditions of approval for the project. On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council has reviewed the proposal and the initial study and finds no significant adverse environmental impacts which cannot be mitigated to a level of insignificance and further finds on the basis of the initial study that there is no substantial evidence that the project will have a significant effect on the environment. The project is therefore exempt from the requirement to prepare an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-380 and 89R-381) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-380 for adoption, approving General Plan Amendment No. 258 for low medium density, and Resolution No. 89R-381 for adoption, approving Reclassification No. 88-89-60 for RM-2400. Refer to Resolution Book. RESOLUTION NO. 89R-380: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 258, EXHIBIT "B." RESOLUTION NO, 89R-381; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF 886 City Hall, Anaheim, California - COUNCIL MINUTES - September ~2, 1989, 5;30 THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-380 and 89R-381 duly passed and adopted. 179/155; PUBLIC HEARING - CONDITIONAL USE PERMIT NO 3183 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Raymond Associates 811 W. 7th Street, Suite 310, Los Angeles, CA 90017 AGENT: Bower Perez Associates 811 W. 7th Street, Suite 310, Los Angeles, CA 90017 LOCATION/REQUEST: The property is located at 1525 North Raymond Avenue. The request is to permit industrially related sales business and office uses in the ML zone. ACTION TAKEN By THE PLANNING COMMISSION: Conditional Use Permit No. 3183 granted modified list of proposed uses and required driveways to be redesigned as approved by City Traffic Engineer, and deleted Condition No. 3; (PC89-186, 5 yes, 1 absent, 1 vacancy); approved Negative Declaration. HEARING SET ON: A letter of appeal was submitted by the owner, Raymond Associates, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 31, 1989. Posting of property August 31, 1989. Mailing to property owners within 300 feet - September 1, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 31, 1989. APPLICANT'S STATEMENT: Don Bowers, Bowers Perez Associates, 811 W. 7th Street, Suite 310, Los Angeles, CA 90017. Their project is proposed on an 18.5 acre site on which they will construct 300,000 square feet of buildings. The Exhibit posted on the Chamber wall shows the general configuration of the project. In July they applied for a conditional use permit 887 City Hall, Anaheim, California COUNCIL MINUTES September 12, 1989, 5;30 P,M. for approximately 32,000 square feet for industrially related sales businesses and office uses. They submitted a list of sales uses and business uses which were presented to the Planning Commission. The Commission approved the business uses but did not approve the industrially related sales uses. Since that time, they have paired down those uses to 15 which they feel are appropriate and benefit the surrounding community including the project. They feel that the integration of related sales and services into a project like theirs is good planning. They will provide services to the people in the project as opposed to having them drive some place else to obtain them. One of the Commissioners suggested approving these related uses might take away from merchants in downtown Anaheim. He does not agree. They are requesting consideration of the application to obtain the uses requested in a small portion of the project. (See Mr. Bower's letter of August 18, 1989 attached to which was a site plan of the proposed project and their revised list of 15 proposed industrially related sales uses - made a part of the record). Answering questions posed by Council Members, Mr. Bowers reported that if approved, those uses would be slightly over 10% of the entire project to be located in the "L" shaped building (20,000 square feet) running parallel with Raymond and that the "L" shaped portion of the project that fronts Orangefatr, 12,000 square feet, they would designate for office uses. He is not sure it will be quite that clear cut. Basically they are asking for an approval to allow that one building totaling 32,000 .square feet to have those types of uses. COUNCIL CONCERNS: Councilwoman Kaywood. Looking at the list of requested uses, she has a problem with barber shop and beauty shop also questioning how they could be sustained by an existing industrial area. Those businesses would bring in people from other than the industrial area and create a traffic pattern they want to avoid. She read portions of the staff report (page 4, Item 14 under Evaluation) which contained wording that staff and Council had worked long and hard on in order to preclude incompatible uses and the City's industrial areas. The Council in their decisions have adhered to that policy. Anything that serves the industrial area is a plus but some of the uses proposed do not seem to fit the industrial area. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. 888 City Hall, Anaheim, California COUNCIL MINUTES - September 12, 1989, 5;30 P,M. __ COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. She asked if at the Planning Commission some of the uses proposed on the added list were denied because they would bring in outside traffic to the industrial area. Annika Santalahti, Zoning Administrator. She answered yes. She believes it was also that the list is relatively extensive. The corner two buildings, an "L" shaped building and another one, approximately 20,000 square feet out of a total of 40,000 would be retail type operation vs. office. The Commission went with a list they have used before for office type uses. The Commission did not discuss the specifics of that full list. There might be some uses that are industrially related, some are not, such as the fabric store. Staff was hoping that the developer would comment on the 44 item list. Councilwoman Kaywood. They dropped that list and have now submitted a list of 15. Originally the longer list submitted to the Planning Commission was denied because the uses were in more of a retail vein. The Planning Commission did not see the new list of 15 proposed uses. Paul Singer, Traffic Engineer. He has one concern. He heard the applicant mention that food uses would be appropriate. However, such uses are not included in the list. If there are food uses on-site, then rather than ~aiting until a parking waiver is required, the parking should be adequate at the outset to serve the food uses since it is now being constructed rather than having to come back for a parking waiver which may or may not be granted. Mr. Bowers confirmed that there will be no food uses, no food uses are on the list, and they are not requesting any this evening. Councilman Pickler. He feels the businesses listed by the developer such as dry cleaners, florist, hardware, cellular phones, etc. are businesses which are going to advertise. This is an industrial area and uses will bring in more traffic. Other uses are appropriate such as a print shop. Mayor Hunter. He disagrees. If the industrial park is built and the requested uses are not included, those businesses will Just go to the north on Lemon and into Fullerton and Anaheim will not get the business or sales tax revenue. Everything moved north to Fullerton as evidenced by recent developments. Anaheim needs to move into the 21st Century. 889 City Hall, Anaheim, California - COUNCIL MINUTES September 12, 1989, 5;30 P.M. Councilwoman Kaywood. The industrial area is where jobs are created. A dry cleaners makes sense as well as a print shop and office supplies but relative to the other uses if Mr. Bowers has a specific use in mind, she will listen. She does not agree with strictly retail uses. Councilman Ehrle. He referred to the industrial developments in Fullerton noting that on the front portions of those developments there are retail sales. They are becoming very successful and Anaheim is just watching. Councilman Daly. He understands the City's historic concerns in preserving industrial lands. Understanding the industrial nature of the area, he asked Mr. Bowers which uses of the 15 are a priority. Mr. Bowers. Going through the list, the uses are patterned after their experience in Irvine and other projects which have been very successful. They are reducing traffic rather than increasing it. The uses that are priorities are: Dry cleaner, print shop, including xeroxing and some other mixes of uses included in a print shop, post office and mail service, finance company, credit company, office supplies, barber and beauty salon, lock and key and their Irvtne development has been very successful with a travel agency. The uses would be confined to just one building, Building 19. They would not anticipate the uses to take place or be successful in a building that does not have a lot of frontage. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a si~nificant 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-382) 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-382 for adoption, approving Conditional Use Permit No. 3183, approving, besides the 21 uses listed by Planning Staff the following from the additional list of 15 submitted: Dry cleaner, print shop, finance company, credit company, office supplies and lock and key. Refer to Resolution Book. 890 City Hall, Anaheim, California - COUNCIL MINUTES - september 12, 1989, 5;30 P.M. RESOLUTION NO, 89R-382; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3183. Before a vote was taken, Mr. Bowers stated they would be more successful with the barber shop, beauty supply rather than lock and key; Councilman Pickler added the barber shop/beauty supply as well as lock and key. After further discussion the post office and mail service was also added. Mr. Bowers stipulated that such uses would be confined to Building 19 only. A vote was then taken on the foregoing resolution adding 7 additional uses to the 21 uses which uses were clarified as follows: Dry cleaner, hair salon/barber shop and supplies, lock and key, office supplies, post office and mail service, print shop/xeroxing service and travel agent, with such uses confined to Building 19 only as stipulated by the applicant. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-382 duly passed and adopted. 179/155; PUBLIC HEARING - RECLASSIFICATION NO. 87-88-09 - AMEND CONDITIONS OF APPROVAL PERTAINING TO THE DEDICATION OF LAND: REQUESTED BY: Nanu C. Patel LOCATION/REQUEST: The property is located at the northwest corner of Orangewood Avenue and Harbor Boulevard (former Thriftimart parking lot). The petitioner requests amendment to the conditions of approval pertaining to property dedication, specifically that Condition No. 2 of Resolution No. 87R-480 be amended to read as follows: That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim an additional strip of land 12 feet in width along Harbor Boulevard for the entire length of the property frontage as necessary for a right-hand turn lane and a tour bus stop. ACTION TAKEN BY THE PLANNING COMMISSION: The City Planning Commission recommended that the City Council amend conditions of approval for Reclassification No. 87-88-09. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 31, 1989. Posting of property August 31, 1989. Mailing to property owners within 300 feet - September 1, 1989. STAFF INPUT: See Staff Report to the Planning Commission dated July 31, 1989. 891 City Hal%, Anaheim, California - COUNCIL MINUTES - September ~2, ~989, 5;30 APPLICANT'S STATEMENT: Paul Singer, Traffic Engineer. What occurred in this case was originally the buildings were located slightly differently than at present. Additional dedication is necessary in order for fire equipment to get closer to the building for high-rise fires and to double as a bus bay. Since the redesign has taken place, dedication is no longer necessary on Orangewood but it is necessary along Harbor Boulevard. Mayor Hunter asked if anyone wished to speak either in favor or in opposition. Mr. Gregory Hile, Attorney representing Dr. Jayendra Shah, owner of Captain's Quarters Motel directly to the south of the proposed site. They participated in the hearings in 1987. There is also litigation involving the property. He has submitted a letter dated today to the City Clerk with a copy for each Council Member (see letter dated September 12, 1989, made a part of the record). Also submitted was the administrative record in Case No. 54-12-55 (Jayandra Shah vs. City of Anaheim) which goes into the background of the matter. The statement by the applicant that the purpose for the dedication was for a bus stop and fire access does not appear to be supported by the record in 1987. There was a Traffic study prepared by the project applicant and submitted to the City and used as the basis of the negative declaration ultimately certified by the City. On page 14 of the Traffic study it discussed mitigation measures (he read items 3 and 4). The reason for dedication was not just for fire access and bus stops but to put in other traffic lights in the event that there was going to be excessive traffic along Harbor Boulevard and Orangewood Avenue. The 1987 study was not completely done. It pointed out, for example, that there would be impacts from the proposed project in the City of Garden Grove on the corner of Harbor Boulevard and Chapman. Since they did not have the data they decided not to do an analysis of that. At this point two years have gone by and other items have taken place in the meantime. He suggested before the Council considers any amendment or even the project, that it go back through the environmental analysis and do an Environmental Impact Report with regard to the traffic and all of the other factors previously mentioned. COUNCIL ACTION: There being no further persons who wished to speak either in favor or in opposition, Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Hunter, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received 892 City Hall, Anaheim, California - COUNCIL MINUTES - September 12. 1989, $;30 p,M. __ that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-383) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-383 for adoption. Refer to Resolution Book. RESOLUTION NO. 89R-383; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN RECLASSIFICATION PROCEEDINGS NO. 87-88-09 AND AMENDING RESOLUTION NO. 87R-480. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-383 duly passed and adopted. 134; REHEARING GENERAL PLAN AMENDMENT NO. 257 - CIRCULATION ~LEM$NT AND NEGATIVE DECLARATION; 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. The Anaheim City Council held a public hearing on General Plan Amendment No. 257 on August 8, 1989, at the conclusion of which Resolution No. 89R-351 was adopted, approving the recommended amendments to the Circulation Element. PROJECT AS APPROVED BY THE PLANNING COMMISSION: General Plan Amendment No. 257 was approved by the Plannin§ Commission (PC89-173 5 yes, 2 absent); approved Negative Declaration. City Clerk Sohl explained it came to her attention subsequent to the August 8, 1989 date that property owners did not receive timely notice of the hearing. Therefore, the City Council rescheduled the issue to be reconsidered at this time and will hear comments from the public both in favor and in opposition. Depending on the comments, the Council will either reaffirm their action taken on August 8, 1989 or not. Mayor Hunter asked if anyone was present to speak to General Plan Amendment No. 257 either in favor or in opposition; there being no response he closed the public hearing. 893 City Hall, Anaheim, California COUNCIL MINUTES - September 12, 1989, 5;30 ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-384) 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-384 for adoption, approving General Plan Amendment No. 257 - Circulation Element reaffirming passage of Resolution No. 89R-351 of August 8, 1989. Refer to Resolution Book. RESOLUTION NO, 89R-384; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT MAP AND TEXT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS GENERAL PLAN AMENDMENT NO. 257 (REHEARING). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-384 duly passed and adopted. 114/179; DISCUSSION - ALTERNATIVES ON C-R STANDARDS REVIEW; Councilman Pickler. Relative to the C-R (commercial-recreation) area, Council has received joint report dated August 21, 1989 from the City Attorney, Planning Director and Director of Public Works/Engineering which is a response to the Council's request regarding development in the commercial-recreation (C-R) area as discussed on August 15, 1989. City staff is presently looking into standards to be placed on development in the C-R area. It is necessary that the Council have control over what goes into the C-R area. A study is in progress but will not be completed until mid 1990. He would like to have the matter placed on a Council agenda for further discussion. City Attorney White. If the Council wishes to act tonight to adopt an urgency ordinance, it would require a 4/5 vote as well as a 4/5 vote to first waive the 72-hour posting provision of the Brown Act. Mayor Hunter. He would like to the see the matter placed on an agenda rather than acting on it tonight. Councilwoman Kaywood asked to hear from staff on what projects are in process that would automatically go through within the week. 894 City Hall, Anaheim, California - COUNCIL MINUTES September 12, 1989, 5;30 P.M, __ Mary McCloskey, Planning Division Manager. The information staff has gathered has about a 3-week lapse time. The joint memorandum sent to Council dated August 21, 1989 listed eight different projects in process with plans already in Plan Check and in the Building Permit process. Staff did not make a recommendation in the report since it is a policy decision to be made by the Council on how they would like to proceed. The report presented four different ordinances that could be adopted - a building moratorium that could become effective immediately, a building moratorium exempting those plans already in Plan Check, another which would require a CUP but which would take time to become effective, the earliest being October, 1989, and the fourth would be a building moratorium with a CUP requirement. They could also adopt a combination of the various ordinances depending on whether they want to stop everything now or allow those in Plan Check to go forward. Councilwoman Kaywood. She interjected stating her concern is not a moratorium but that a developer could come in and build something to Anaheim's minimum code and have a very poor project and it would not have to come to the Planning Com~ission at all. They need to possibly improve the codes so that something built automatically will be a fine project. Mary McCloskey. The C-R study in process which will be completed in mid 1990 will look at a series of guidelines, new standards and new codes for the area. What the proposed ordinance will do is to enable Council to look at measures that could be taken in the interim until the new standards are presented. City Attorney White explained for the Mayor that under the law, if the Council finds that the public health, safety or welfare requires that they now act to adopt a moratorium on building in the C-R area pending further studies, they would have the ability to do so under both state law provisions relating to moratoriums and the Brown Act to make a finding that there would be a need by 4/5 vote both to adopt an ordinance for a moratorium as an urgency measure and to make the requisite finding of the Brown Act. Councilman Pickler. If they can adopt the CUP ordinance immediately, they would then have the opportunity to look at all proposed projects. City Attorney White clarified that tonight the 0nly action the Council could legally take that would take effect tonight would be in the nature of a moratorium. They could not, by an urgency ordinance adopt a zoning requirement that would impose a CUP requirement on certain C-R uses. The reason for the moratorium as being an alternative was to use it in concert with an ordinance that would go through the normal two readings and 30-day effective period requiring a CUP for those uses between the time of starting that process to prohibit uses during that period from coming in. It would not be possible to differentiate relative to projects proposed but it would be an across-the-board prohibition. The way the ordinance is drafted, it only relates to hotels and motels. It can be changed but it was used as an example. It is not possible to differentiate to say that "good" projects will be allowed and "bad" projects will be prohibited. That is the reason for the four alternatives. 895 City Hall, Anaheim, California COUNCIL MINUTES - September 12, 1989, 5;30 Paul Singer, Traffic Engineer. The reason the issue came up, there are three hotels in process with over 400 rooms - one is on Haster, one is on Katella and another on Winston Road and West Street. All three hotels are wall-to-wall, they do not have to provide any mitigation measures and have a major impact on three major intersections in the area. They comply with all of the parking, but not with the necessity for bus loading and unloading, they do not comply with traffic impacts on the surrounding areas and they have to go deeper underground in order to accommodate code parking. Councilman Daly expressed concern relative to the hotel proposed by the Coachman located on Katella that was denied by the Council. Mary McCloskey. It was denied but the project could be redesigned and built without having to come in for discretionary action. Councilwoman Kaywood. She wants something done quickly so that building does not occur right on the property line. Paul Singer, Traffic Engineer. The project on Katella had a 30-foot driveway in front of the porte-cochere. The Council denied the project because it was inadequate. They are coming back with a redesign without any driveway in front of the porte-cochere. All vehicles will have to enter into an underground garage. There is no drive-thru or any place to park a bus. He is seriously concerned with that project and what the effects are going to be on the intersection. The project will be built to Code. Additional discussion followed wherein Mayor Hunter reiterated his concern about adopting any urgency ordinances tonight b~t that the matter should be agendized for the next Council meeting. Councilman Pickler. He feels an urgency ordinance is imperative. He thereupon moved to waive the 72-hour posting provisions of the Brown Act. Councilwoman Kaywood seconded the motion. The motion failed to carry by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler and Kaywood Daly, Ehrle and Hunter None Councilman Pickler moved that the matter be placed on the Council agenda of September 19, 1989 for discussion and possible action. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler. He would like to go along with the CUP. He does not want the moratorium. Mayor Hunter. He wants to look at all the options and a possible moratorium but would like to do so next week. Mary McCloskey. Staff can also update the list of projects that are in Plan Check and let the Council know exactly where they are in the process. 896 City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5;30 P.M. 114/179; ADDITIONAL REQUEST TO REHEARING/CONSIDER EXTENSIONS OF TIME ON RECLASSIFICATION NO, 86-87-14 AND VARIANCE NO. 3611; City Clerk Sohl referred to the further request from Farano & Kieviet to rehear/reconsider extensions of time on the subject Reclassification and Variance. City Attorney White. This is a project that was considered previously and there is now a new request that the Council reagendtze the item and that the Council again consider the request for extension of time. There is no formal procedure in the Code that provides for a rehearing or an appeal process for that decision but the applicant's attorney has requested that the Council consider agendizing the issue again to have another decision made on the request for extension of time. Council can do so by motion. Councilman Daly moved to place on the Council agenda of September 19, 1989 Reclassification No. 86-87-14 and Variance 3611 in order to again rehear/consider extensions of time. Councilman Ehrle seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION; Councilman Hunter moved to recess into Closed Session to discuss the balance of the items listed under the Closed Session agenda submitted by the City Attorney. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (8:20 p.m.) AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (11:19 p.m.) ADJOURNMENT; Councilman Hunter moved to adjourn. the motion. MOTION CARRIED. (11:20 p.m.) Leonora N. Sohl, City Clerk Councilman Ehrle seconded 897