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1989/10/17City Hall, Anaheim, California - COUNCIL MINUTES October 17, 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: ASSISTANT CITY MANAGER: Jim Ruth CITY ATTORNEY:. Jack White ASSISTANT CITY CLERK: Ann M. Sauvageau PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti PROGRAM DEVELOPMENT & AUDIT MANAGER: Ken Stone MANAGEMENT AUDITOR: Gary Huniu A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:40 p.m. on October 13, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 3:00 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 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: Mayor Hunter called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:49 p.m.) INVOCATION; Reverend Marvin Jacobs, First Congregational Church, gave the invocation. FLAG SALUTE: Councilman William D. Ehrle led the assembly in the Pledge of Allegiance to the Flag. 974 City Hall, Anaheim, Calif6rnia - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. 119: PRESENTATION - RECOGNIZING ANAHEIM FOR RECEIVING THE AMERICAN AUTOMOBILE CLUB GRAND AWARD; Assemblyman Curt Pringle was present and presented to the Mayor and Council a framed resolution from both Senator Edward Royce and himself, recognizing Anaheim for having received the prestigious American Automobile Club Grand Award for pedestrian safety. Assemblyman Pringle also presented a special Certificate of Recognition to Anaheim City Traffic Engineer, Paul Singer; Mr. Singer personally accepted the Certificate and was congratulated by the Mayor and Council Members. Mayor Hunter and Council Members, on behalf of the City, thanked Assemblyman Pringle for being present and expressed their appreciation for the resolution which will be displayed in the Traffic Engineering Department. 119: PROCLAMATIONS; The following proclamations were issued by Mayor Hunter and authorized by the City Council: Special Olympics Day in Anaheim, November 3, 1989, Buddy Poppy Days in Anaheim, November 3 and November 4, 1989, Red Ribbon Week in Anaheim, October 22 - 29, 1989. Les McCauley accepted the Buddy Poppy Days proclamation and Doug Gibson accepted the Red Ribbon Week proclamation. Councilman Daly commended Mr. Gibson for all of the volunteer work he has done in the past two years on drug abuse, not only in Anaheim but Orange County. With the Chamber of Commerce behind him (Gibson) as well as people like Marlene Montooth, great strides have been made. 119: DECLARATION OF RECOGNITION; A Declaration of Recognition was unanimously adopted by the City Council and presented to Dave Morgan, Human Resources Director, who accepted the Declaration on behalf of his Department which recognized the Human Resources Department for being the lead department for employees' anti-drug awareness. 119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were unanimously adopted by the City Council and presented to representatives of the five following organizations, recognizing their support for the Police Department's National Night Out - Crime Prevention Program): Carl Karcher Enterprises, Linda Grasley; Disneyland, Wendy Freeland, Disneyland Ambassador; Philips Lighting Company, Roger Lantz and Lonnie Cope; Southland Corporation/7-11, William Gilstrap and Lori Class; California Angels (representative unable to be present). Also present were Captain Roger Baker and Shari Albrecht, Community Services Representative from the Police Department. Mayor Hunter and Council Members commended each of the organizations for their work with the Police Community Services Detail contributing to the success of the National Night Out Program. 975 City Hall. Anaheim. Cal~fornia - COUNCIL MINUTES October 17, 1989, 5;30 P.M, MINUTES; Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,524,841.13, in accordance with the 1989-90 Budget, were approved. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the Assistant City Manager. (Resolution Nos. 89R-412 through 89R-417, both inclusive, for adoption) Councilman Pickler moved to waive the reading in full of the resolutions. 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-412 through 89R-417, both inclusive, for adoption. Refer to Resolution Book. 1. 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 Danny Pfltger for total and comparative indemnity purportedly due to actions of the City on or about March 12, 1989. b. Claim submitted by Mark and Ferne Bowser for bodily injury sustained purportedly due to actions of the City on or about March 16, 1989. A2. 156: Receiving and filing Anaheim Police Department Crime and Clearance Analysis report for the month of August, 1989. 105: Receiving and filing minutes of the Public Utilities Board meeting held September 14, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meetin§ held September 27, 1989. 114: Receiving and filing Resolution No. 89-209 from the City of Victorville, indicating the City's interest in being selected as a station site for the Maglev Train. A3, 123: RESOLUTION NO. 89R-412: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLEMENT NO. 40 TO LOCAL AGENCY-STATE AGREEMENT NO. 12-5055 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT. 106/155: Approving the amendment of the Public Works Engineering Department 1989-90 Resource Allocation Plan Capital Improvement Project Budget by increasing revenue and expenditure in Program 795 by $200,000. 976 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. A4. 158: Authorizing the payment of $14,639 to Patricia H. Chappell, for additional modifications to her building located at 808 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project (R/W 3500-64). AS. 170/123: Approving the Final Map of Tract No. 12619 and the Subdivision Agreement with Royal Pacific Limited, I. Tract No. 12619 is located southwesterly of the intersection of Silver Dollar Lane and Eucalyptus Drive and is divided into eight residential lots. A6, 176; RESOLUTION NO, 89R-413; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (89-7A) (Setting a date and time for public hearing to consider abandoning a storm drain easement at 719 West La Palma Avenue, suggested date for public hearing is November 7, 1989.) A7. 151: Approving an Encroachment License Agreement with A-M Lincoln Anaheim Ltd. to permit encroachment of carports and perimeter walls under existing electrical facilities at 1780 West Lincoln Avenue. AS. 160: Accepting the low bid of Perktn Elmer Corporation, in the amount of $61,827.54 for a gas chromatography system in accordance with bid proposal #4731 as publicly advertised. A9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising to Tenant Company, in the amount of $99,769.32 plus freight estimated not to exceed $2,250 for two Tenant model 550LP scrubbers. Al0. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to Motorola Incorporated, in the amount of $30,035.13 for 25 portable radios with case and five charger units for the Maintenance Department (to be assigned to Police Field Support). All. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising to Concurrent Computer Corporation, in the amount of $202,830.15 for computer hardware requirements for the Anaheim Traffic Management System. Al2. 123: Authorizing a Fourth Amendment to the Agreement with Gomputil Corporation, to provide processing and collection services relating to an increase in parking citations from 75¢ to 79¢ issued by the Police Department and Convention Center. Al3. 123: Accepting the bid of San Diego Helicopter Service, Inc., and authorizing the execution of an Agreement for a period of one year from the date of execution (October 1989 through October 1990) with two additional one year extensions as may be mutually agreed upon, all in accordance with bid proposal #4747 as publicly advertised. Al4, 123: RESOLUTION NO, 89R-414; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT SUBGRANT AGREEMENT (TITLE III RAPID RESPONSE FUNDS) BETWEEN THE CITY OF ANAHEIM AND THE STATE OF 977 City Hall. Anaheim. California - COUNCIL MINUTES - October 17, 1989, 5;30 P.M. CALIFORNIA. (Approving the Job Training Partnership Act Subgrant Agreement (Title III rapid response funds) with the State of California Employment Development Department, Job Training Partnership Division, in the amount of $50,000 for Economic Dislocation and Worker Assistance Act Forty Percent Set Aside Funds, for the period July 1, 1989, through June 30, 1990, and authorizing the City Manager to execute said agreement and modifications.) Al5. 106/153/113: Transferring appropriations authority in the amount of $188,000 to supplement the appropriations authority of the City Clerk and Labor Relations Department. 106/182: Appropriating an additional $1,110,000 in Housing Assistance grant receipts for allocation for expenditure to the Community Development Department. Al6. 123: Approving an agreement with David M. Grtfftth and Associates, Limited, to conduct a full cost recovery study of all non-enterprise fees and service charges at a cost not to exceed $100,000 in interest earnings (01-3719).derived from the sale of Tax Revenue Anticipation Notes to support this contracted service (01-111-6335). Al7. 123: RESOLUTION NO, 89R-415: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NOS. 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72 and 73 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (Authorizing the Mayor and City Clerk to execute said agreements on behalf of the City.) Al8. 150/174: Approving the submittal of an application for funding consideration in the amount of $23,950 under the Federal Government's Institute of Museum Services, General Operating Support Grant Program, and authorizing the City Manager to act as City's agent in all matters referring to the Museum Services Grant (to be used at Oak Canyon Nature Center). Al9. 123: Approving an agreement with National Pediatric Support Services, Inc., in an amount not to exceed $13,650 to provide professional services for the development of a child care consortium in Anaheim. A20. 175.123: Approving the Third Memorandum to Extend Term of Western Systems Power Pool (WSPP) Agreement, extending Anaheim's participation in the WSPP, and authorizing the Public Utilities General Manager to execute the approved agreement. A21. 175.123: Approving a Third Amendment to Agreement with Municipal Water District of Orange County for the purpose of providing educational services to Anaheim schools on subjects related to water, and changing the fee schedule from $1.05 per student to $1.15 per student, as recommended by the Public Utilities Board at their meeting of October 5, 1989. A22. 153: Authorizing the addition of a comprehensive psychological and substance abuse program for City employees and eligible retirees, and directing the Joint Committee on Medical Programs to recommend a specific provider for Council review and approval prior to January 1, 1990. 978 City Hall. Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. 153: Determining that the Kaiser rate shall include the cost of Kaiser's outpatient mental health and substance abuse benefit components for the purpose of determining the City's contribution to the various health plans in accordance with bargaining unit agreements and the Personnel Rules. A23. 153: Authorizing the addition of Pacificare, Inc., as a health care option for City employees for the 1990 Health and Welfare plan year, and directing the Human Resources Director to prepare an agreement for Council review and approval prior to January 1, 1990. A24. 153: Approving an increase in the City's specific stop loss level for the self-funded Employee Medical Plan from $100,000 per claim to $125,000 per claim. A25. 153: Approving the 1990 Health and Welfare Plan rates, and authorizing the Human Resources Director to sign all renewal documents on behalf of the City. A26. 123: Approving an increase in the Medical Administrative Services Only agreement with Equicorp from $15.64 per claim draft to $18.14 per claim draft, effective January 1, 1988. A27. 106/155: Amending the Planning Department budget to add the positions of four Building Inspectors, two Plan Checkers, and one Intermediate Clerk. 106/155: Increasing expenditures in Program No. 01-168 by $378,245 and increasing revenue in Program No. 01-3201 by $378,245. A28, 158; RESOLUTION NO, 89R-416; 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. A29. 101.123: Approving two agreements with Jones Hall Hill &White to provide legal services as bond counsel for the financing of the 1989 Arena Land Acquisition Financing Project and 1989 Arena Capital Improvement Financing Project - Asset Transfer. 101.123: Approving two agreements with ieidler-Fltzgerald Public Finance to provide financial advisory services for the financing of the Arena Land Acquisition Financing Project and Arena Capital Improvement Project. A30. 128/123: RESOLUTION NO, 89R-417; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AMENDMENTS TO FISCAL AGENT AGREEMENTS BY AND BETWEEN THE CITY AND BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION RELATING TO COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) SPECIAL TAX BONDS, COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) SPECIAL TAX BONDS, AND COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) SPECIAL TAX BONDS, AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. 152/128: the City. Authorizing the Finance Director to execute amendments on behalf of 979 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. A31. 103: Indicating Anaheim's opposition regarding the proposed special district representation on the Local Agency Formation Commission (LAFCO) in Orange County, and communicating this opposition to the LAFCO Executive Officer. A32. 123: (a) Approving an agreement with the Phoenix Club German Association of Orange County for acquisition of certain real property located at 1566 Douglass Road, in the amount of $8.0 million. 123: (b) Approving an agreement with Sanderson-J. Ray Development for acquisition of certain real properties located at Ball Road/57 Freeway, in the amount of $5,794,351. 123: (c) Approving an agreement with the Phoenix Club German Association of Orange County for the sale of certain real properties generally bounded on the south by the Southern California Edison.easement, on the east by the Santa Ana River, on the north by Sanderson Avenue, and on the west by the parking lot of Newport Federal for approximately $3.2 million ($14/square foot for unencumbered property and $5/square foot for property encumbered by the Southern California Edison easement). 123: (d) Approving a Negotiation Development Agreement with the Anaheim Redevelopment Agency and Sanderson-J. Ray Development for acquisition of certain real property located at northwest corner of Weir Canyon and La Palma) in the amount of $3.0 million. Assistant City Manager, James Ruth, stated that staff would like to withdraw Item A32 (a) through (d) and continue the proposed actions until Friday, October 20, 1989 at 3:00 p.m. which will be an adjourned regular City Council meeting if the Council so desires. No action was taken by the Council on the foregoing items (A32 (a) through (d)) at this time, but continued to Friday, October 20, 1989, at 3:00 p.m. at an adjourned regular City Council meeting. A33. 153: Waiving single party and two party payroll deductions for all participants in CIGNA Health Plan for plan year 1990. A34. 175.123: Approving two lease agreements with Anaheim City Center 1984 for 7,945 square feet at an annual rent of $11,123.75 per month for three years with two one-year renewal options. Roll Call Vote on Resolution Nos. 89R-412 through 89R-417: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-412 through 89R-417, both inclusive, duly passed and adopted. 980 City Hall. Anaheim. California - COUNCIL MINUTES October 17, 1989, 5;30 P.M. End of Consent Calendar. MOTIONS CARRIED. 112/153: APPOINTMENT - ANAHEIM PRIVATE INDUSTRY COUNCIL; Submitted was report dated October 10, 1989 from the Job Training Partnership Manager, Marge Pritchard, recommending that the Council appoint a member to the Private Industry Council from the slate of four nominees submitted by the Chamber of Commerce. (Vacancy created by the resignation of Mr. Peter Ganahl). MOTION; Councilman Pickler moved to accept the recommendations of the Anaheim Chamber of Commerce and appoint Frank Jacobson from the slate of four nominees recommended by the Chamber of Commerce to the Anaheim Private Industry Council (PIC) for a two-year term in the private sector category. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 123: PARKWAY LANDSCAPING AGREEMENT - SYCAMORE CANYON; Submitted was report dated October 13, 1989 from Chris Jarvi, Director of Parks, Recreation & Community Services, recommending approval of the subject agreement. MOTION: Councilman Pickler moved to approve an agreement with Woodcrest concerning Sycamore Canyon Parkway Landscaping, Tract No. 12993 in the Woodcrest Development, located south of Weir Canyon, east of Santa Ana Canyon Road, in accordance with staff report dated October 13, 1989. Councilman Ehrle seconded the motion. MOTION CARRIED. Chairman Hunter called the Redevelopment Agency to order for a Joint Public Hearing with the City Council, all Agency Members present. (6:32 p.m.) 161,123; JOINT pUBLIC HEARING - CITY COUNCIL/REDEVELOPMENT AGENCY - DISPOSITION AND DEVELOPMENT AGREEMENT - W~LTZ DEVELOPMENT: LOCATION/REQUEST: The property is located at 194 North Vintage Lane. The request is to consider the proposed Disposition and Development Agreement with Ron M. and Bettyjack F. Waltz, indicating the terms and conditions of the sale of certain real property located at 194 North Vintage Lane. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 2 and October 9, 1989. STAFF INPUT: See Staff Report dated October 6, 1989 from the Community Development Department recommending approval of the request and attendant documents. Lisa Sttpkovich, Director of Community Development, briefed the subject report and recommended approval of the proposed resolutions pertaining to same. COUNCIL/AGENCYACTION: There being no further persons who wished to speak either in favor or in opposition, Mayor/Chairman Hunter closed the public hearing. Council/Agency Member Pickler offered Resolution No. ARA89-11 for adoption, certifying an initial study and making certain environmental findings with 981 City Hall. Anaheim, California - COUNCIL MINUTES October 17, 1989, 5;30 P.M. respect to the proposed Disposition and Development Agreement with Ron M. and Bettyjack F. Waltz and Resolution No. ARA89-12 for adoption, approving the proposed sale of certain real and chattel property in Redevelopment Project Alpha; approving the proposed Disposition and Development Agreement with Ron M. and Bettyjack F. Waltz, and authorizing execution of said Disposition and Development Agreement. Refer to Resolution Book. RESOLUTION NO, ARA89-11; A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING AN INITIAL STUDY FOR THE PROPOSED WALTZ DEVELOPMENT AND MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT THERETO. RESOLUTION NO. ARA89-12; A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE PROPOSED SALE OF CERTAIN REAL AND CHATTEL PROPERTY IN REDEVELOPMENT PRO3ECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING EXECUTION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Chairman declared Resolution Nos. ARA89-11 and ARA89-12 duly passed and adopted. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 89R-418) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-418 for adoption, certifying an initial study and making certain environmental findings with respect to the proposed Disposition and Development Agreement with Ron M. and BettyJack F. Waltz; finding that the consideration for the sale of the property thereunder is not less than fair value in accordance 'with covenants and conditions governing such sale; and approving the sale of such property and said Disposition and Development Agreement. Refer to Resolution Book. RESOLUTION NO, 89R-418; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THE INITIAL STUDY WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCYAND RON M. AND BETTYJACK F. WALTZ, DEVELOPER; FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: 982 City Hall. Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-418 duly passed and adopted. 161,123; JOINT PUBLIC HEARING - CITY COUNCIL/REDEVELOPMENT AGENCY - DISPOSITION AND DEVELOPMENT AGREEMENT - ENLOE DEVELOPMENT; LOCATION/REQUEST: The property is located at 302 East Cypress Street. The request is to consider the proposed Disposition and Development Agreement with Breton D. and Laurel J. Enloe, indicating the terms and conditions of the sale of certain real property located at 302 East Cypress Street. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 2 and October 9, 1989. STAFF INPUT: See Staff Report dated October 6, 1989 from the Community Development Department, recommending approval of the request and attendant documents. Lisa Sttpkovtch, Director of Community Development, briefed the subject report and recommended approval of the proposed resolutions pertaining to same. COUNCIL/AGENCY ACTION: There being no further persons who wished to speak either in favor or in opposition, Mayor/Chairman Hunter closed the public hearing. Council/Agency Member Pickler offered Resolution No. ARA89-13 for adoption, certifying an initial study and making certain environmental findings with respect to the proposed Disposition and Development Agreement with Breton D. and Laurel J. Enloe and Resolution No. ARA89-14 for adoption, approving the proposed sale of certain real property in Redevelopment Project Alpha; approving the proposed Disposition and Development Agreement with Breton D. and Laurel J. Enloe, and authorizing execution of said Disposition and Development Agreement. Refer to Resolution Book. RESOLUTION N0. ARA89-13: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING AN INITIAL STUDY FOR THE PROPOSED ENLOE DEVELOPMENT AND MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT THERETO. RESOLUTION NO, ARA89-14; A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE PROPOSED SALE OF CERTAIN REAL PROPERTY IN REDEVELOPMENT PROJECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING EXECUTION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: AYES: AGENCY MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None 983 City Hall, Anaheim, Galffornla - COUNCIL MINUTES October 17, 1989, 5:30 P.M. The Chairman declared Resolution Nos. ARA89-13 and ARA89-14 duly passed and adopted. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 89R-419) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-419 for adoption, certifying an initial study and making certain environmental findings with respect to the proposed Disposition and Development Agreement with Breton D. and Laurel 3. Enloe; finding that the consideration for the sale of the property thereunder is not less than fair value in accordance with covenants and conditions governing such sale; and approving the sale of such property and said Disposition and Development Agreement. 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-419 duly passed and adopted. ADJOURNMENT - REDEVELOPMENT AGENCY; Chairman Hunter moved to adjourn the Anaheim Redevelopment Agency meeting. Agency Member Kaywood seconded the motion. MOTION CARRIED. (6:45 p.m.) 176: PUBLIC HEARING ABANDONMENT NO, 89-5A; In accordance with application filed by A-M Lincoln Anaheim, Ltd., 4060 Campus Drive, Suite 256, Newport Beach, CA 92660, public hearing was held on proposed abandonment of a 3.00-foot electrical easement located west of Euclid Street extending southerly from Lincoln Avenue at 1780 West Lincoln Avenue, pursuant to Resolution No. 89R-391 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the Deputy City Engineer dated September 15, 1989 was submitted recommending approval of said abandonment. Mayor Hunter asked if anyone wished to address the Council relative to the abandonment; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council determined 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 Assistant City Clerk. (Resolution No. 89R-420) 984 City Hall. Anaheim. California COUNCIL MINUTES October 17, 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-420 for adoption, approving Abandonment No. 89-5A. Refer to Resolution Book. RESOLUTION NO, 89R-420: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING 3.00 FOOT ELECTRICAL EASEMENT LOCATED WEST OF EUCLID STREET EXTENDING SOUTHERLY FROM LINCOLN AVENUE AT 1780 WEST LINCOLN AVENUE. 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-420 duly passed and adopted. 179; ITEMS B1 B7 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 25, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 17, 1989; B1, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3196 AND NEGATIVE DECLARATION: OWNER: AURORA LOPEZ, 3118 W. Polk, Anaheim, CA AGENT: CALIFORNIA REMODELING, 2029 S. State College Boulevard, Anaheim, CA 92806 LOCATION; 3118 W, Polk Avenue (north of Lincoln, west of Grand Avenue) To permit a "granny unit" with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3196 GRANTED (PC89-224) subject to stipulation that unit will not be used as a rental unit (6 yes votes, 1 absent). Waiver of code requirement (parking waiver) GRANTED. Approved Negative Declaration. B2, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3197 AND NEGATIVE DECLARATION: OWNER: ANAHEIM MEMORIAL HOSPITAL, 1111 W. La Palma Avenue, Anaheim, CA 92803 AGENT: ROBERT WICKLINE, DIRECTOR OF ENGINEERING, 1111 W. La Palma Avenue, Anaheim, GA 92803 LOCATION: 1111 W. La Palma Avenue (Anaheim Memorial Hospital) (northwest cornet of La Palma Avenue and West Street) To permit temporary office trailers with waiver of minimum number of parking spaces. Withdrawn by the Applicant. 985 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. B3. CONDITIONAL USE PERMIT NO, 3195 NEGATIVE DECLARATION: OWNER: ANAHEIM BUSINESS CENTER, P.O. Box 17899, Irvine, CA 92713 AGENT: JEROME BUCKMELTER ASSOCIATES, 23534 Aetna Street, Woodland Hills, CA 91367 LOCATION: 333 West Cerritos Avenue (west of Anaheim Boulevard) To permit a cellular facility for mobile telephone units. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3195 GRANTED (PC89-225) subject to stipulation that petitioner would pay any costs incurred for relocation of the pole necessitated by the I-5 freeway widening (6 yes votes, 1 absent). Approved Negative Declaration. B4. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3198 AND NEGATIVE DECLARATION: OWNER: ALI IBRAHAM, 12055 Chapman Avenue, Garden Grove, CA 92640 AGENT: MICHAEL K. MARILO, 4100 S. Harmitage Drive, Hacienda Heights, CA 91745 LOCATION: 2940 West Lincoln Avenue, Suites I and J (southeast corner of Lincoln Avenue and Laxore Street) To permit on-sale beer and wine in conjunction with an enclosed, sit-down restaurant with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3198 GRANTED (PC89-225) (6 yes votes, 1 absent). Waiver of code requirement (waiver of minimum number of parking spaces) GRANTED. Approved Negative Declaration. B5. RECLASSIFICATION NO 89-90-07, VARIANCE NO, 3989 AND NEGATIVE DECLARATION' OWNER: MARION BUCHEIM AND EILEEN WERTFELDER TRUSTEES, C/O KIRK FINLEY, 1912 North Broadway, Santa Aha, CA 92706 AGENT: OFFICE CLUB, C/O DONALD CHEW, 1631 Challenge Drive, Concord, CA 94520 LOCATION; 517 E, Katella Avenue (west of Lewis Street) For a change in zone from ML to CL or a less intense zone. To retain an existing commercial retail use with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-07 GRANTED (PC89-227). Variance No. 3989 GRANTED (PC89-228) to June 30, 1995, end of current lease, waived fees which are not mandatory by Code. Approved Negative Declaration. REPORTS AND RECOMMENDATIONS' B6. PROPOSED CODE AMENDMENT PERTAINING TO ELIMINATION OF "SMAT.T. CAR" PARKING SPACES FOR ALL USES CITY-WIDE, GENERAL REDUCTION OF NON-RESIDENTIAL REQUIRED NUMBER OF PARKING SPACES, AND PROVISION OF TRUCK LOADING SPACES, 986 City Hall, Anaheim, California - COUNCIL MINUTES October 17, 1989, 5:30 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: The Planning Commission recommended approval of the proposed Code Amendment at their meeting of September 25, 1989 (5 yes votes, 1 no vote, and 1 absent). Councilman Hunter moved to direct the City Attorney to prepare an ordinance on the subject proposed Code Amendment to be submitted to the Council for consideration. Councilwoman Kaywood seconded the motion. MOTION CARRIED. B7, BUILDING INDUSTRy ASSOCIATION CBIA) SIGN PROGRAM - HILL AND CANYON AREA: A proposal was submitted under date of September 1, 1989 from the Orange County Building Industry Association for sign program in public right-of-way for new development in the Hill and Canyon Area. ACTION TAKEN BY THE PLANNING COMMISSION: The Planning Commission, at its meeting of September 25, 1989, recommended that the Council request an Ordinance be prepared to allow pre-approved sign program. Planning Director Joel Fick then answered questions posed by Councilman Pickler and Councilwoman Kaywood relative to the proposed program. MOTION: Councilman Hunter moved to direct the City Attorney to prepare an ordinance on the subject proposed Code Amendment to be submitted to the Council for consideration. Councilwoman Kaywood seconded the motion. Councilman Daly abstained. MOTION CARRIED. End of the Planning Commission Items from September 25, 1989. 179; ITEMS B8 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 5, 1989 - DECISION DATE; OCTOBER 6, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 21, 1989: B8 VARIANCE NO, 3992, CATEGORICALLY EXEMPT, CLASS 5: OWNER: CATANZARITE AND CO. INC., 2331 W. Lincoln Avenue, Anaheim, CA 92801. AGENT: DAVID C. LARSON, 4420 E. Mira Loma, Suite F, Anaheim, CA 92807. LOGATION: 2331 W. Lincoln Avenue. Waiver of minimu~ structural setback to construct a deck. ACTION TAKEN BY T~E ZONING ADMINISTRATOR: Variance No. 3992 APPROVED (ZA 89-67). Planning Commission Items from their meeting of October 19, 1989. End of the Zoning Administrator Items. 179; ORDINANCE NO, 5073 - INTRODUCTION: Councilman Hunter offered Ordinance No. 5073 for first reading. ORDINANCE NO. 5073: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 987 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. (Amending Title 18 to rezone property under Reclassification No. 88-89-35, located at 644 South Webster Avenue, from the RS-A-43,000 zone to the RM-1200 zone.) 179: VARIANCE NO, 3842 - REOUEST FOR EXTENSION OF TIME; REQUESTED BY: T. Lawrence Jett, L & J Anaheim Associates, 1090 N. Western Avenue, Suite 204, San Pedro, CA 92732 LOCATION/REQUEST: The property is located at 1221 South Harbor Boulevard - Travelodge Hotel. The request is for an extension of time on Variance No. 3842 to satisfy conditions of approval. The Variance is for waiver of minimum number of parking spaces to permit the addition of 76 guest rooms and 5,000 square feet of meeting/conference room area to an existing hotel. STAFF INPUT: Submitted was report dated October 3, 1989 from the, Zoning Administrator, Annika Santalahti, recommending that the time extension be granted to November 8, 1990. Miss Santalahti first clarified questions posed by Councilwoman Kaywood relative to the subject request. MOTION: Councilman Ehrle moved to approve the requested extension of time on Variance No. 3842 in order to satisfy conditions of approval to November 8, 1990. Councilman Hunter seconded the motion. MOTION CARRIED. 108: APPEAL OF THE TRANSIENT OCCUPANCY TAX - QUALITY INNS, INC.: REQUESTED BY: Everett F. Casey, QUALITY INNS, INC., 10750 Columbia Pike, Silver Spring, Maryland, 20901. Submitted was report dated September 28, 1989 from David Morgan, Human Resources Director, (Hearing Officer in subject case) recommending denial of the appeal by Quality International regarding the Transient Occupancy Tax audit number 88180, and assessing the appellant $15,597.62 plus accrued interest from July 31, 1989, to date of final payment. (Also submitted as attachment "A" to the September 28, 1989 report was Audit Report of Quality Inn Anaheim dated February 6, 19~9 for the audit period - September 1, 1985 through August 31, 1988.) Mayor Hunter asked to hear from the appellant. Mr. G. Markell Fluckiger of Gibson, Dunn & Krutcher, attorneys, was present representing Quality Hotel. He was accompanied by representatives of the Hotel. He first submitted a one-page amendment to his letter/memorandum of October 12, 1989, with attachments, dated October 17, 1989 which listed two corrections to be made to his memorandum of October 12, 1989. Mr. Fluckiger then briefed portions df the extensive memorandum submitted. (The memorandum included an overview of the situation, procedural history, facts underlying disputed tax, a discussion section on pages 4 and 5 and summary conclusion on 988 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5~30 P.M. page 6 - made a part of the record). During the course of his presentation, he pointed out that Quality Hotel does not dispute the entire amount of the tax proposed in the audit report since various bookkeeping and reporting errors were discovered during the audit giving rise to an additional tax due in the amount of $3,242.60 plus interest and penalties (see Exhibit II attached to the memorandum - amount of disputed tax). The disputed amount relates to the Quality Hotel's contract with Jetset, which he explained in detail. Mr. Flucktger maintained that, "Quality Hotel collected and remitted the proper amount of occupancy tax arising from its contract with Jetset in accordance with the provisions of the AMC Section 2.212.010 and 2.212.020." (See page 4 of the memorandum). For some reason, the City auditor believes that because that 15th room was occupied by a Jetset Tours customer, that Quality Inns should be deemed to have collected revenue it never charged Jetset Tours for and never collected. The statute authorizes the City to collect tax on the amount of rent charged by the operator. It does not attempt to tell the operator what amount it should charge. The operator could charge nothing for a room. If so, the occupancy tax statute does not require that the operator be deemed to have charged something for that room and to pay tax on it. Mr. Fluckiger requested that their appeal be upheld as it relates to the Jetset Tours amount of $5,415.58 in tax plus the additional interest and penalties attributable to that, which is the amount they are appealing, and request that amount be withdrawn as part of the audit. Mayor Hunter asked to hear from staff. Ken Stone, Program Development & Audit Ma6ager. The matter comes down to an interpretation of the Transient Occupancy tax Ordinance and the definition of commission. It is a situation where the occupant of the facility, the person renting the room, provided payment in the form of a voucher. The actual occupant contrary to the provisions of the ordinance was not given a detailed breakdown of the 'amount of rent and tax that was owed causing difficulty in tracing the assessment to the individual. The internal documents which Gary Huntu, the auditor who performed the work, indicated for each of the 15 people was a charge of a $34 payment received in the form of a voucher which included tax. The City's interpretation as a result of that is that when the hotel received a $34 voucher for 15 individuals and it did not identify a specific individual as the person receiving the free room, that is what constituted payment for occupancy of the room. When they only received payment for a portion of the bill from Jetset Travel, that, in effect, constituted discount for a commission along the lines of a travel agent if they book a room. Gary Huntu, Management Auditor. When doing an audit, they look at the main section of the ordinance, 2.212.020, Operators Collection Duty. Basically the operator is obligated to separately state the amount of rent charged and tax thereon on all his books and records of the Hotel. He is required to give the transient a receipt for payment from the operator with the amounts of rents charged and tax separated. He then explained the procedure that Quality Inn 989 City Hall. Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. used when registering guests in relation to their Jetset contract and the specifics that the auditors look at. In concluding, he stated that they consider the occupant to be the transient and not Jetset Tours. If 15 people came to the Hotel and paid room and tax, they paid it as a package price to Jetset Tours who then paid the amount to the operator. If a refund is given on a room or variety of rooms, the amount goes back to Jetset but Jetset does not refund that revenue plus tax on that revenue back to any of the transients. He uses that amount as an additional amount of profit that he is making on the packages. They are refunding revenue in tax and it goes back to Jetset Tours. They feel that there is a section in the ordinance that talks about travel agency commission which is the same section but a different subsection (.050) which he read. Mr. Fluckiger then spoke to the issues raised by Mr. Stone and Huniu. Quality Hotels is the operator and its relationship with Jetset is that they charge them $476 for 15 rooms and pay tax on $476 and Quality Hotels remits tax on $476. The benefit Jetset gets from having a complementary room is not a commission. After the presentations were concluded, Councilwoman Kaywood asked why representatives of Quality Inn did not attend any of the hearing dates set up for the appeal to be heard before the Hearing Officer. Markell Fluckiger. The date set did pass. The people scheduled to be at the hearing were in Maryland. It was a matter of them trying to coordinate and get an opportunity to present documentation to the Hearing Officer. It was a combination of business circumstances that happened at that time in corporate headquarters and a personal emergency on behalf of one certain executive that caused those dates to slip by without response. As a result, the Hearing Officer had no choice in his decision. He never had the opportunity to consider the merits of whether or not the occupancy tax was correctly asessed. At the conclusion of proceedings, Councilman Hunter moved to deny the appeal from Quality International regarding Transient Occupancy Tax No. 88180 and assessing the appellant $15,597.62 plus accrued interest from July 31, 1989 to the date of final payment. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 182/155; DISCUSSION - GROWTH MANAGEMENT STUDY; Request for discussion of Growth Management Study by Councilman Daly at the Council meeting of September 9, 1989. The matter was continued from the meeting of October 10, 1989, to this date as requested by staff. Submitted was an extensive five page report from the Planning Division Manager which discussed such issues as the Traffic Management and Growth Management Program developed by the Orange County Transportation Commission establishing a 1/2 cent sales tax increase to pay for transportation projects which will be on the November ballot, key components of a Growth Management Element of the General Plan being developed by Anaheim and a recommended schedule for the City's proposed Growth Management Study. 990 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5;30 P.M. Joel Fick, Planning Director. He first noted that the Intergovernmental Relations Office has reported that 54 bills relating to Growth Management were introduced in the last session of the legislature. It is a subject very much in flux and new information is continually coming in. The subject report addresses two of the most prominent programs Air Quality Management and the Sales Tax Transportation Initiative and the Growth Management Element related to that. The Council had also asked for background information which was incorporated into the report. At present there are some very progressive programs in place in the City which the Council and Planning Commission can be proud of in the hill and canyon area as well as the Stadium area, assuring that Council Policy is adhered to that no new development be a burden to existing residents and taxpayers. The report notes that the two major programs do have guidelines that will be prepared in the very near future. Staff's recommended schedule is, in the event the upcoming transportation sales tax initiative passes, rather than waiting, would like to prepare a request for proposal and the scope of the work so that when the guidelines are finalized, they can move quickly. Should the initiative fail to be successful, staff would like to come back to the Council and rediscuss the scope of work because the parameters would change. The Council has also discussed the potential for a Citizens Advisory Committee or Steering Committee. That is also something that could be set up between the election and finalization of guidelines. They would then be in a position to have those people on board in the early stages as well. Councilman Daly. He appreciates the fine and detailed report staff has prepared. It is a good discussion of all the regulations facing the City in this area. He agrees with everything laid out in the report. His only concern is that they get moving with the effort whether or not Measure M (Sales Tax Initiative) passes. He believes they need a comprehensive Citywide Growth Management Plan. They need one for the sake of Anaheim so that they have excellent planning. Sooner or later, the City is going to have to have a plan because some level of government will require it. Anaheim deserves a comprehensive Growth Management Plan and he respectfully suggests to Council and staff that they move forward with the request for proposal (RFP) process now. If staff's intention is to use a consultant, he is convinced they need the effort and they should move ahead now to start to create the scope of work and to go out to the market place and find a consultant, keeping in mind that the scope of work will change depending on the election results. Council discussion then followed relative to a Growth Management Plan for Anaheim and whether or not to proceed at this time or wait for three weeks when the results of the November Election are known. It was generally agreed that an RFP be solicited as soon as possible. Joel Ftck, Planning Director. Staff is in agreement that it would be very valuable for the City to have a Growth Management Element to the General Plan. Further, staff has been gathering information and has done background work to prepare for this eventuality. The point Councilman Daly made is that they should move ahead immediately with the scope and not wait the six months for the guidelines to come forward. He feels three weeks is an appropriate time frame. He suggested that staff be directed to prepare an RFP and test 991 City Hall. Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. the waters and have discussions with consultants about the scope of work. When they bring that back to the Council, it can be determined if staff feels it is definitive enough to move ahead then or if concerns are expressed by the people they talk to, to inform the Council of those as well. Councilman Daly. Consultants know the position the City is in. Anaheim wants a plan that will pass "muster" by all the various levels of government. By the time they respond, the November Election will have passed. City Attorney White confirmed for Councilwoman Kaywood that legally it is not necessary to have the'Council approve the RFP. Staff can do that without bringing it back to the Council. It was determined that staff is to prepare an RFP and solicit for a consultant relative to a Growth Management Plan for the City immediately. 114: EARTHQUAKE IN THE SAN FRANSISCO AREA: Before continuing with the next item, Mayor Hunter announced that it was reported an earthquake in the magnitude of 7.0 had struck San Francisco and surrounding communities at 5:04 p.m. and that the third game of the World Series which was about to begin at Candlestick Park in San Francisco was cancelled. ITEMS OF PUBLIC INTEREST; Bill Erickson, 301 East North Street. He is requesting that the Council in three weeks schedule a discussion to ferret out a proposal to help control runaway prices on rental properties. He then gave his reasons for the request amongst which there are 40,000 senior citizens in Anaheim who need help and approximately 40,000 Hispantcs/Asfans who are in the same category. Mobilehome parks have problems as well. Anaheim Memorial Manor which just opened has 75 units and they have a waiting list of 400 to 500 people. Village Center with 100 units has a waiting list of 20 which means a two-to-three-year wait. Some apartment renters have problems with paying their fees. He suggested that the Council agendize-the item for discussion in order to assist those facing the foregoing problems. 114/145/173; CONGESTION MANAGEMENT PROGRAM TASK FORCE: Councilman Pickler referred to letter dated October 13, 1989 from Supervisor Tom Riley on the Katz-Copp-Baker-Campbell Transportation Bluepoint for the Twenty-first Century (AB 471 and ~B 300 of 1989). One portion of the legislative package is the development of an Orange County Congestion Management Program. In his letter, Supervisor Riley called for the appointment of a policy level representative from the City to serve on the Congestion Management Program Task Force as well as a Technical representative. He (Pickler) would like to serve on that Task Force and feels that Gary Johnson, Director of Public Works, would be the appropriate staff person to serve as well. Some Council Members indicated that they have not yet seen the letter request and suggested that the matter be placed on the agenda for the next Council meeting, November 7, 1989. It was determined that the item would be placed on the Council agenda of November 7, 1989 for Council discussion. 992 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. A supplementary agenda was also presented to the City Council at this time for information purposes since no Council meetings will be held on October 24 and October 31, 1989. The agenda contained items from the Planning Commission meeting of October 9, 1989. The appeal period for items contained therein ends October 31, 1989 with the appeal period for tracts ending October 19, 1989. Further information can be obtained by contacting the City Clerk's Office or the City Planning Department. PLANNING COMMISSION ITEMS FROM THE MEETING OF OCTOBER 9, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 31, 1989 - NOTE; APPEAL PERIOD FOR TRACTS ENDS OCTOBER 19. 1989: ITEMS Bll - B~3 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 9, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBgR 31, 1989 NOTE: APPEAL PERIOD FOR TRACTS ENDS OCTOBER 19. 1989: Bll, SUPPLEMENT TO EIR NO, 281 (PREVIOUSLY CERTIFIED) AND EIR MITIGATED NEGATIVE DECLARATION, VARIANCE NO, 3991 FOR TENTATIVE TRACT MAP NOS. 14071. 14072, AND 14075 - DENSITY TRANSFER REQUEST NO, 89-02. TENTATIVE TRACT MAP NOS, 14071, 14072, 14073, 14074, 14075, 14076, 14077, 14078, 14079, 14080, 14081, 14082, 14083, 14084, 14085, 14086, 14087, 14088, 14089, 14090, 14091, 14092, 14093 AND 14124 AND SITE PLANS; OWNER: DIANA HOARD, THE BALDWIN CO., 16811 Hale Avenue, Irvine, CA 91714 SITE LOCATION AND DESCRIPTION: Subject twenty-four (24) Tentative Tracts comprise a portion (approximately 287.1 acres) of the 591-acre The Summit of Anaheim Hills Specific Plan (SP88-2) development area which is located approximately 1.1 miles southeast of the Weir Canyon Road/Riverside Freeway intersection and is bounded on the north by the Sycamore Canyon Specific Plan development, and on the south and east by unincorporated Irvtne Company property within the County of Orange. REQUEST: Petitioner requests a waiver of front setback requirements in order to construct a site screening wall in the front setback area and minimum structural setback requirements in order to construct air-space condominium complexes within Tentative Tract Nos. 14071, 14072, and 14075. Petitioner requests approval of Density Transfer Request No. 89-02 in order to transfer 84 dwelling units from Development Areas 104, 105, 201, 202, 203, and 206 to Development Areas 204, 205, and 207. Subject density transfer includes changes in product type from single-family attached to single-family detached and from multi-family to single-family detached. Petitioner requests approval of twenty-four (24) Tentative Tracts and Site Plans in order to develop 282 single-family attached residential structures, 286 single-family detached residential structures, 641 air-space condominiums, an elementary school site, a park site, a commercial site, and a street maintenance center site as follows: 993 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5~30 P.M. TENTATIVE TRACT MAP NO, 14071 AND SITE PLAN Continued to the Planning Commission meeting of October 23, 1989. TENTATIVE TRACT MAP NO, 14072 AND SITE PLAN To establish a SP88-2 Zone, 53.6-acre, 25-1ot, 243-unit, air-space condominium complex residential subdivision including 10 residential lots, one street maintenance facility lot, one recreational lot, and private street and open space lots. (Development Area 201). TENTATIVE TRACT MAP NO 14073 AND SITE PLAN To establish a SP88-2 Zone, 9.6-acre, 36-1ot single-family attached residential subdivision including 34 residential lots and 2 open space lots. (Development Area 206). TENTATIVE TRACT MAP NO. 14074 AND SITE PLAN To establish a SP88-2 Zone, 10.2-acre, 38-1ot single-family attached residential subdivision including 36 residential lots and 2 open space lots. (Development Area 206). TENTATIVE TRACT MAP NO, 14075 AND SITE PLAN To establish a SP88-2 Zone, 13.2-acre, 4-lot, 108-unit air-space condominium complex residential subdivision including 2 residential lots and 2 open space lots. (Development Area 205). TENTATIVE TRACT MAP NO, 14076 AND SITE PLAN To establish a SP88-2 Zone~ 3.9-acre, 36-1ot single-family attached residential subdivision including 34 residential lots and 2 open space lots. (Development Area 207). TENTATIVE TRACT MAP NO, 14077 AND SITE PLAN To establish a SP88-2 Zone 3.8-acre, 31-lot single-family attached residential subdivision including 30 residential lots and 1 open space lot. (Development Area 207). TENTATIVE TRACT MAp NO, 14078 AND SITE PLAN To establish a SP88-2 Zone 4.8-acre, 34-1ot single-family attached residential subdivision including 32 residential lots and 2 open space lots. (Development Area 207) TENTATIVE TRACT MAP NO, 14079 AND SITE PLAN To establish a SP88-2 Zone 9.9-acre, 40-lot single-family attached residential subdivision including 38 residential lots and 2 open space lots. (Development Area 203) TENTATIVE TRACT MAP NO, 14080 AND SITE PLAN To establish a SP88-2 Zone 4.7-acre, 35-1ot single-family attached residential subdivision including 32 residential lots and 3 open space lots. (Development Area 203) TENTATIVE TRACT MAP NO, 14081 AND SITE PLAN To establish a SP88-2 Zone 7.4-acre, 27-1ot single-family attached 994 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. residential subdivision including 26 residential lots and 1 open space lot. (Development Area 203) TENTATIVE TRACT HAP NO, 14082 AND SITE PLAN To establish a SP88-2 Zone, 3.7-acre, 22-1ot single-family attached residential subdivision including 20 residential lots and 2 open space lots. (Development Area 203) TENTATIVE TRACT MAP NO. 14083 To establish a SP88-2 Zone, 10.1-acre, 2-lot elementary school site subdivision including one open space lot. (Development Area 209) TENTATIVE TRACT MAP NO, 14084 bOND SITE PlAN To establish a SP88-2 Zone, 4.6-acre, 24-1ot single-family detached residential subdivision including 22 residential lots and 2 open space lots. (Development Area 204) TENTATIVE TRACT MAP NO. 14085 AND SITE PLAN To establish a SP88-2 Zone, 8.1-acre, 23-1ot single-family detached residential subdivision including 21 residential lots and 2 open space lots. (Development Area 204) TENTATIVE TRACT HAP NO, 14086 AND SITE PLAN To establish a SP88-2 Zone, 5.7-acre, 34-1ot single-family detached residential subdivision including 32 residential lots and 2 open space lots. (Development Area 204) TENTATIVE TRACT MAP NO. 14087 AND SITE PLAN To establish a SP88-2 Zone, 5.4-acre, 34-1ot single-family detached residential subdivision. (Development Area 204) TENTATIVE TRACT MAP NO, 14088 AND SITE PLAN To establish a SP88-2 Zone, 6.1-acre, 35-1ot single-family detached residential subdivision including 32 residential lots and 3 open space lots. (Development Area 204) TENTATIVE TRACT HAP NO, 14089 AND SITE PLAN To establish a SP88-2 Zone, 15.1-acre, 34-1ot single-family detached residential subdivision including 31 residential lots and 3 open space lots. (Development Area 204) TgI~TATIVE TRACT MAP NO. 14090 AND SITE PLAN To establish a SP88-2 Zone, 7.2-acre, 27-1ot single-family detached residential subdivision including 24 residential lots and 3 open space lots. (Development Area 204) TENTATIVE TRACT MAP NO. 14091 AND SITE PLAN To establish a SP88-2 Zone, 5.6-acre, 26-1ot single-family detached residential subdivision including 24 residential lots and 2 open space lots. (Development Area 204) 995 City Hall, Anaheim, California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. TENTATIVE TRACT MAP NOS 14092 AND 14093 AND SITE PLANS Continued to the Planning Commission meeting of October 23, 1989.) TENTATIVE TRACT MAP NO, 14124 To establish a SP88-2 Zone, 5.1-acre, l-lot commercial subdivision. (Development Area 208) ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 3991 GRANTED (PC89-230) with turnaround areas to be improved in order to accommodate future security gates. (6 yes votes, 1 absent.) Approved Density Transfer No. 89-02. Approved all Tentative Tracts except: 14071, 14092, and 14093. (Appeal period ends October 19, 1989.) Tracts 14071, 14092, and 14093 continued to the Planning Commission meeting of October 23, 1989. Approved EIR No. 281 (previously certified) and EIR Mitigated Negative Declaration. B12. RECLASSIFICATION NO, 88-89-58, CONDITIONAL USE PERMIT NO. 3162 AND NEGATIVE DECLARATION' OWNER: MARIN MORTGAGE TRUST, 4004 Carlisle NE, Suite D, Albuquerque, NM 87107 AGENT: VESCOR DEVELOPMENT, ATTN: George Krajack, 720 Town & Country Road, Orange, CA 92668 LOCATION; 423 North Anaheim Boulevard (southwest corner of Sycamore Street and Anaheim Boulevard) For a change in zone from CG to CL. To permit a 10-unit, 6,816 square-foot commercial retail ce. nter. ACTION TAKEN BY THE PLANNING COMMISSION' Reclassification No. 88-89-58 GRANTED, UNCONDITIONALLY, (PC89-231). (6 yes votes, 1 absent.) CUP NO. 3162 DENIED (PC89-232). Approved Negative Declaration. B13. SPECIMEN TREE REMOVAL NO, 89-10, EIR NO, 273 (PREVIOUSLY CERTIFIED): OWNER: PRESLEY OF SOUTHERN CALIFORNIA, ATTN: STEVE RIGGS, 22659 Old Canal Road, Yorba Linda, CA 92686 AGENT: ELFEND AND ASSOCIATES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LOCATION: Subject property, which is described as "Deer Canyon", is within the western portion of The Highlands at Anaheim Hills Specific Plan (SP87-1) previously-approved Vesting Tentative Tract Map Nos. 12686, 12687, and 12689. Said tracts, which total approximately 237 acres, are generally bounded on the north by the East Hills Planned Community and vacant land, on the east by The Highlands at Anaheim Hills Vesting Tentative Tracts 12685, 12688, and 12690, and on the south and west by existing Anaheim Hills Planned Community and Mohler Drive area residential developments. 996 City Hall. Anaheim, California - COUNCIL MINUTES October 17, 1989, 5:30 P.M. Petitioner requests the removal of 72 specimen trees within the "Deer Canyon" area of the Highlands at Anaheim Hills Specific Plan (SP87-1) boundaries. ACTION TAKEN BY THE PLANNING COMMISSION: Specimen Tree Removal No. 89-10 APPROVED (6 yes votes, 1 absent). Approved EIR NO. 273 (Previously Certified). B14, GENERAL PLAN AMENDMENT NO. 266. RECLASSIFICATION NO, 89-90-19, VARIANCE NO, 3994 AND NEGATIVE DECLARATION: OWNER: HARE KISHIYAMAAND JIM KISHIYAMA, 828 South Western Avenue, Anaheim, CA AGENT: MAGDY HANNA, 4400 MacArthur Boulevard, Suite 900, Newport Beach, CA 92660 LOCATION: 828 South Western Avenue (northeast corner of Teranimar Drive and Western Avenue) For a change in zone from RS-A-43,000 to RM-3000 or a less intense zone. To consider an amendment to the Land Use Element of the General Plan proposing redestgnation from Low Density Residential to Low-Medium Density Residential to establish a 10-lot semi-attached condominium complex with waivers of (a) maximum structural height and (b) maximum fence height. ACTION TAKEN By THE pLANNING COMMISSION: GPA NO. 266 DENIED (PC89-233). Reclassification No. 89-90-19 GRANTED to RS-7200 Unconditionally (PC89-234). (6 yes votes, 1 absent). Variance No. 3994 DENIED (PC89-235). Approved Negative Declaration. B15. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3202 AND NEGATIVE DECLARATION: OWNER: DAN RATANIEE, 2960 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: LIN-BEACH PROPERTIES, 2960 W. Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2865 West Lincoln Avenue (east of Bel Air Street) To permit the commercial use of a residential structure for a print shop with waiver of permitted location of vehicular parking. ACTION TAKEN BY THE pI~/qNING COMMISSION: CUP NO. 3202 GRANTED (PC89-236). (6 yes votes, 1 absent). Approved waiver of code requirement (waiver of permitted location of vehicular parking). Approved Negative Declaration. B16. WAIVER OF CODE REQUIREMENT, RECLASSIFICATION NO. 89-90-18, CONDITIONAL USE PERMIT NO. 3199 AND NEGATIVE DECLARATION: OWNER: GEORGE AND EVA SICILIANI, 3024 E. La Palma Avenue, Anaheim, GA 92806 AGENT: ROBERT G. MUNN, 13736 Goldenwest Street, Suite C, Westminster, CA 92683 997 __ City Hall, Anaheim, California - COUNCIL MINUTES October 17, 1989, 5:30 P.M. LOCATION; 502 South Rio Vista Street (south of Lincoln Avenue) For a change in zone from RS-A-43,000 to CL. To permit the commercial use of a residential structure with waivers of (a) setbacks abutting a residential zone boundary, (b) maximum structural height and (c) with waiver of permitted location of vehicular parking. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 89-90-18 GRANTED to CO (PC89-237). votes, 1 absent). Waiver of code requirement GRANTED. CUP NO. 3199 GRANTED (PC89-238). Approved Negative Declaration. (6 yes B17. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3203 AND NEGATIVE DECLARATION: OWNER: TAWA ANAHEIM PLAZA, 9225 Bolsa Avenue, Westminster, CA 92683 AGENT: REN-YNG-LIN, AIA, & ASSOCIATES, 16742 Gothard Street, Suite 114, Huntington Beach, CA 92647 LOCATION; 601-697 North Euclid Street (northwest corner of Crescent Avenue and Euclid Street) To permit the division of commercial space with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3203 GRANTED (PC89-239) (6 yes votes, 1 absent). Waiver of code requirement (minimum number of parking spaces) GRANTED. Approved Negative Declaration. B18. CONDITIONAL USE PERMIT NO, 3201 AND NEGATIVE DECLARATION: OWNER: BROADWAY MAGNOLIA ASSOCIATES, HARBOR PACIFIC DEVELOPMENT, 4040 MacAtrhur Boulevard, Suite 314, Newport Beach, CA 92660 AGENT: HASSAN MILANI, 9372 Shannon Avenue, Garden Grove, CA 92641 LOCATION: 221 South Magnolia Avenue (northwest corner of Broadway and Magnolia Avenue) To permit a convenience market in an existing retail center. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3201 GRANTED (PC89-240). (6 yes votes, 1 absent.) Approved Negative Declaration. B19. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3204 AND NEGATIVE DECLARATION: OWNER: BEDFORD DEVELOPMENT COMPANY, 3470 Mount Diablo Boulevard, La Fayette, CA 94549 AGENT: CANYON UNITED METHODIST CHURCH, 414 S. Fernhill Lane, Anaheim, CA 92807 LOCATION: 101 Chaparral Court (southwest corner of Kaiser Boulevard and Chaparral Court) To permit a 40-foot high church with waiver of minimum number of parking spaces. 998 City Hall. Anaheim. California - COUNCIL MINUTES - October 17, 1989, 5:30 P.M. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3204 GRANTED (PC89-241). (6 yes votes, 1 absent.) Waiver of code requirement GRANTED, subject to recorded reciprocal parking agreement. Approved Negative Declaration. B20, CONDITIONAL USg PERMIT NO. 3200 AND NEGA%IVE DECLARATION: OWNER: VINCENT C. TAORMINA AND WILLIAM C. TAORMINA, P.O. Box 309, Anaheim, CA 92815 AGENT: KAREN R. PETERS, 180 S. Water Street, Orange, CA 92666 LOCATION; 2761 East White Star Avenue {west of Blue Gum Way) To permit household hazardous materials collection in conjunction with an existing public dumping and commercial recycling/resource recovery facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3200 GRANTED (PC89-242) subject to modification of Condition No. 4 to be acceptable to the Fire Department. (6 yes votes, 1 absent). Approved Negative Declaration. B21, CONDITIONAL USE PERMIT NO. 2398 AND NEGATIVE DECLARATION: OWNER: VINCENT C. TAORMINAAND WILLIAM C. TAORMINA, P.O. Box 309, Anaheim, CA 92815 AGENT: KAREN R. PETERS, 180 S. Water Street, Orange, CA 92666 LOCATION: 2751 East White Star Avenue (west of Blue Gum Way) To amend conditions of approval to permit public access to an existing commercial recycling/resource recovery facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2398 GRANTED (PC89-243) (6 yes votes, 1 absent). Approved Negative Declaration. B22. CONDITIONAL USE PERMIT NO. 2155 AND NEGATIVE DECLARATION: OWNER: HANOVERANAHEIM PROPERTIES, ATTN: STEVE FRIEDMAN 9300 Wtlshire Boulevard, Suite 500, Beverly Hills, CA 90212 AGENT: COURAGEOUS LIVING CHURCH, CLIFFORD G. SELF, 5425 East La Palma Avenue, Anaheim, CA 92807 LOGATION: 5425 East La Palma Avenue {south of Oran~ethorpe Avenue. west of Imperial Highway) Request for amendment to the conditions of approval pertaining to extension of time and a request for approval of a retroactive extension of time. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2155 GRANTED (PG89-244) for a period of three years. (6 yes votes, 1 absent.) Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: 999 City Hall, Anaheim, California - COUNCIL MINUTES October 17, 1989, 5:30 P.M. B23. EIR NO, 283 (PREVIOUSLY CERTIFIED) TRACT 12995 WALL PLAN - (SYCAMORE CANYON SPECIFIC PLAN) REQUEST FOR REVIEW OF PLANS SHOWING TYPE AND PLACEMENT OF A WALL ADJACENT TO WEIR CANYON ROAD. Petitioner requests approval of 5.5 foot high wall, which would transition from a combination wrought iron fence on top of a 3-foot high block wall to a solid block wall in Tract 12995 adjacent to Weir Canyon Road. ACTION TAKEN BY THE PLANNING COMMISSION: Tract 12995 Wall Plan APPROVED (no view impacts). EIR NO. 283 (Previously Certified). ADDITIONAL ITEM FROM THE MEETING OF SEPTEMBER 25, 1989 - INFORMATION ONLY APPEAL PERIOD ENDS OCTOBER 17, 1989; B24. HOUSING STUDY 1, PHASE 2 REQUEST TO INITIATE FORMAL PROCEEDINGS FOR GENERAL PLAN AMENDMENT AND ZONING RECLASSIFICATION STUDIES FOR PROPERTIES DISCUSSED AT SEPTEMBER 7, 1989 WORK SESSION, ACTION TAKEN BY THE PLANNING COMMISSION: Instructed staff to initiate General Plan Amendment proceedings. End of the Planning Commission Items. ITEM B25 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 23, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 2, 1989 Bi. SUPPLEMENT TO EIR NO, 281 (PREVIOUSLY CERTIFIED), AND EIR MITIGATED NEGATIVE DECLARATION, VARIANCE NO, 4001 FOR TENTATIVE TRACT MAP NO, 14071, TENTATIVE TRACT MAP NOS, 14071, 14092, AND 14093 AND SITE PLANS OWNER: DIANA HOARD, THE BALDWIN CO., 16811 Hale Avenue, Irvine, CA 92714 SITE LOCATION AND DESCRIPTION: Subject three (3) Tentative Tracts comprise a portion (approximately 89.3 acres) of the 591-acre The Summit of Anaheim Hills Specific Plan (SP88-2) development area which is located approximately 1.1 miles southeast of the Weir Canyon Road/Riverside Freeway intersection and is bounded on the north by the Sycamore Canyon Specific Plan development, and on the south and east by unincorporated Irvine Company property within the County of Orange. REOUEST: (A) Petitioner requests approval of Variance No. 4001 for a waiver of minimum structural setback and yard requirements in order to construct a 290-unit apartment complex within proposed Tentative Tract Map No. 14071. (B) Petitioner requests approval of three (3) Tentative Tract Maps and Site Plans in order to develop 290 apartment units within Phase II of The Summit of Anaheim Hills Specific Plan (SP88-2) development and 66 1000 City Hall, AnaheSm, ~alifornta - COUNCIL MINUTES - October 17. 1989, 5;30 P.M. -- single-family detached residential structures within Phase IV as follows: TENTATIVE TRACT MAP NO, 14071 AND SITE PLAN To establish a SP88-2 Zone, 54.6-acre, 13-lot subdivision including four residential lots for the development of a 290-unit apartment complex, one recreational lot, one park site lot, and private street and open space lots. (Development Area 202) TENTATIVE TRACT MAP NO. 14092 AND SITE PLAN To establish a SP88-2 Zone, 12.9-acre, 28-1ot single-family detached residential subdivision including 26 residential lots and 2 open space lots. (Development Area 204) TENTATIVE TRACT MAP NO. 14093 AND SITE PLAN To establish a SP88-2 Zone, 21.8-acre, 43-1ot single-family detached residential subdivision including 40 residential lots and 3 open space lots. (Development Area 204) ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tracts 14071, 14092, and 14093 APPROVED. Variance No. 4001 GRANTED (PC89-248). NOTE; Appeal period for variance does not expire until November 14. 1989. Supplement to EIR NO. 281 (previously certified) and EIR Mitigated Negative Declaration APPROVED. End of Planning Commission Items. ADJOURNMENT; Councilman Hunter moved to adjourn to Friday, October 20, 1989 at 3:00 p.m. for an adjourned regular meeting to discuss Item A32 of today's agenda relative to Arena Land Acquisitions and Sales. Councilman Pickler seconded the motion. MOTION CARRIED. (7:17 p.m.) ANN M. SAUVAGEAU, CITY CLERK 1001