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1988/01/12209 City Hall,~A~heim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. The City Council of the City of Anaheim met in adjourned regular Session (of January 5, 1988). PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay (Councilwoman Kaywood entered at 11:21 a.m.) ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on January 8, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of January 5, 1988 to order at ll:10 a.m. on January 12, 1988. 173/119: PRESENTATION SUPER SPEED TRAIN PROGRAM - GROUND TRANSPORTATION SYSTEM - LAS VEGAS/SOUTHERN CALIFORNIA CORRIDOR: Mayor Bay welcomed the · representatives from the City of Las Vegas who were present to give a presentation on the subject program. Councilman Arnie Adamsen (Las Vegas) thanked the Council for giving the opportunity for a briefing on the super speed train project. He first gave an historic overview of how and why the project evolved and that after five years of ar, alysis, the studies that were conducted were now complete, the conclusion being that a super speed train system linking Las Vegas with southern California at speeds of over 200 miles per hour is feasible. Las Vegas is looking for a partner in southern California to help promote the super speed train project. He then introduced his City Manager to report on the feasibility studies and current status of the project. Mr. Ashley Hall, City Manager of Las Vegas. He first made the distinction between fast trains which run at speeds of 100 miles per hour, high speed trains which run between 150 and 160 miles per hour (the T.G.V. in France and high speed Japanese trains) and super speed trains which run between 200 and 300 miles per hour (magnetic levitation - new German technology). Mr. Hall than gave the chromological history of the project as it has developed starting with Phase I beginning in 1981/82, ending with Phase V, 1990-1995 when construction of the project is proposed to take place and operation of the system to begin. (Also see the following documents -made a part of the records - which incorporated all of the detailed information given in the presentation - Brochure, Super Speed Ground Transportation System, Las Vegas/Southern California Corridor - Executive Summary, Fact Sheet - Highlights of the California/Nevada Super Speed Train - Benefits to Southern California, Super Speed Train Fact Sheet detailing the various phases). Mr. Hall's presentation was followed by a video on the German made Transrapid Zero Six (Transrapid Maglev), a magnetically levitated system, a full scale 18 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. system which has been in operation under highly realistic conditions at the Transrapid Test Facility in West Germany since 1983 at speeds up to 266 miles per hour. Mr. Richard Welch, Senior Management Analyst gave a presentation on super speed train benefits to southern California, emphasizing that one of the most important elements of considering the system is that the system runs in both directions and will benefit both ends of the line. Mr. Welch also pointed out that it was the first system of its kind in the world which will bring significant attention and acclaim to the two localities that end up being the terminal locations. Council questions followed at the conclusion of the foregoing presentations answered by Mr. Welch and Hall: The design of the guideway on which the train will run is such so that ice or snow would not create a problem. It does not take a significant amount of energy to run, the guideway will be located within existing freeway right-of-ways (overhead), it is not a difficult issue on 1-15 but getting the system into the metro area will be a different matter, relative to capacity, the plan is to link six segments of the vehicle together each segment holding 100 passengers and at peak capacity the system could carry 1,200 people with a departure every hour; funds for the study phase have been government funded but the construction of the system itself will come from private enterprise with a commitment from a multi-national company that they will fund the system. Studies have confirmed that ridership will be in both directions, the size of the project is $2.5 billion to $3 billion, time frame between Anaheim and Las Vegas is approximately 80 minutes, cost in today's dollars is approximately $70 round trip. In conclusion, Mayor Bay asked what can be done to make sure if the project proceeds that Anaheim is the termination point in southern California. Councilman Adamsen stated it would be a decision made by the Bi-state Commission with ratification by the legislature in California and Nevada; Mr. Hail stated they have already made presentations to the Chamber of Commerce, the County Board of Supervisors and others. However, they would be willing to spend what additional time might be necessary to assist in additional briefings to any of the City's technical staff people. Those presentations and wishes need to be communicated to the Bi-state Commission. The Council expressed their appreciation for the presentation and felt that the project was a highly commendable one. No Closed Session was held at this time. ADJOURNMENT: Councilman Bay moved to adjourn the adjourned regular meeting of January 5, 1988. Councilwoman Kaywood seconded the motion. MOTION CARRIED. LEONORA N. SOHL, CITY CLERK 19 2O7 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl SENIOR PLANNER: Greg Hastings PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt ZONING ADMINISTRATOR: Annika Santalahti CODE ENFORCEMENT SUPERVISOR: John Poole SERGEANT VICE DETAIL: Steve Rodig A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on January 8, 1988 at the Civic Center kiosk, containing all items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. 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; City of Anaheim vs. Anaheim Hotel Partnership 0.C.S.C.C. No. 46-96-59; Chevy Chase area condemnation cases, O.C.S.C.C. Nos. 53-79-85 through 53-79-99. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:12 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:45 p.m.) INVOCATION: Dr. Laurence Downing, Anaheim Adventist Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - UNITED WAY CAMPAIGN: Mr. Lynn Thompson, Convention Center General Manager, the City's 1987 United Way Campaign Chairman introduced Sister Barbara Clem, United Way Loaned Executive from Catholic Charities and Rose Tijerina, Campaign Associate, United Way of Orange County. 2O 208 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. Ms. Tijerina, on behalf of the 122 agencies under the United Way umbrella thanked the City of Anaheim for enabling United Way to say "yes" to the citizens of Orange County. It is people like the employees of the City who make the good work of United Way possible. The United Way Coordinators from each City Department were then introduced and presented with certificates commending them for the work they had done in making the 1987 United Way Drive such a success under the leadership of Chairman Thompson. Mayor Bay and all Council Members congratulated each representative personally and gave a special thanks to Mr. Thompson. A special certificate was also presented to the coordinator from the Fire Department, Batallion Chief Tim Riley and Fire Chief Jeff Bowman, acknowledging that the Fire Department was the top department in the City in contributing to United Way. Mayor Bay, noting that the Council could not be more proud of the City's employees, then presented a facsimile check to the two representatives from United Way in the amount of $64,255.08 representing the total of the City's contribution. The check was gratefully accepted and, in turn, Ms. Tijerina presented a Certificate of Thanks to all City employees which was accepted by the Mayor and given to the Campaign Chairman. MINUTES: Councilman Pickier moved to approve the minutes of the regular meeting held December 15, 1987. Councilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,717,636.19, in accordance with the 1987-88 Budget, were approved. WAIVhR OF READING - ORDINANCES AND RESOLUTIONS: The titles of the resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-8 through 88R-10) Councilman Pickler moved to waive the reading in full of the ordinances and resolutions. Councilman Bay seconded the motion. MOTION CAR/tIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by coUncilman Pickler, seconded by Councilman Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-8 through 88R-10, 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 Esther DeSimone for proper~y damage sustained purportedly due to actions of the City on or about October 22, i987. b. Claim submitted by Gene Westlake for property damage sustained purportedly due to actions of the City on or about November 4, 1987. 21 205 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. c. Claim submitted by Golden West Baseball Company for indemnity due to actions of the City on or about October 12, 1986. Claims filed against the City - Recommended to be Accepted: d. Claim submitted by Louise Mahoney for property damage sustained purportedly due to actions of the City on or about November 12, 1987. e. Claim submitted by Doyle Roberts for property damage sustained purportedly due to actions of the City on or about October i0, 1987. i. Claim submitted by Jan Linthorst for property damage sustained purportedly due to actions of the City on or about September 21, 1987. g. Claim submitted by Dean Hartshorn for property damage sustained purportedly due to actions of the City on or about September 3, 1987. h. Claim submitted by Pacific Bell (JF745-0187) for property damage sustained purportedly due to actions of the City on or about October 9, 1987. 2. Receiving and filing the following correspondence: (on file) 105: Minutes, Golf Course Advisory Commission meeting held September 17, 1987. 3. 150: Approving Contract Change Order No. 1 for Manzanita Park, Park and Recreation Building Improvements in the amount of $30,232.37 in favor of Henry Construction Company. (Account Nos. 25-803-7107 and 16-803-7107). 4. 158: Authorizing payment of $10,391.08 for replacement signs at 610 North Anaheim Boulevard to Mr. Richard W. Reyes. 5. 179: Granting a one-year time extension to Reclassification No. 86-87-08 and Variance No. 3595 (retroactive to November 4, 1987) to expire November 4, 1988). Councilwoman Kaywood posed questions to staff answered by Greg Hastings, Senior Planner, on whether or not there had been opposition to the project originally. She als0 asked the Council vote at the time of approval. After trailing the item, it was reported that the Reclassification and Variance were previously approved unanimously by the City Council. 6. 179: Granting a two-year time extension to Conditional Use Permit No. 2713 (retroactive to December 17, 1987) to expire December 17, 1989. 7. 160: Accepting the low bid of Woody Chevrolet, in the amount of $102,824.29 for eleven compact 4-door sedans in accordance with Bid No. A-4520. 8. 160: Authorizing the Purchasing Agent to issue a.purchase order to the Anaheim Public Improvement Corporation in the amount of $39,604.48 for three cargo vans from Villa Ford, Orange, in accordance with Bid No. A-4524. 22 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. 9. 160: Accepting the low bid of Woody Chevrolet, in the amount of $71,502.67 for five 3/4 ton pickup trucks in accordance with Bid No. A-4527. 10. 160: Accepting the only responsive bid from Woody Chevrolet, in the amount of $19,851.88 for one suburban type vehicle, in accordance with Bid No A-4523. 11. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $75,323.60 for six traffic controllers and one police panel. i2. 160: Accepting the low bid of Mills Ford in the amount of $60,118.18 for seven sub-compact sedans, in accordance with Bid No. A-4519. 13. 160: Accepting the bid of Woody Chevrolet in the amount of $16,194.23 for one one-ton stake bed truck with liftgate in accordance with Bid No. A-4528. 14. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $33,612.56 for 404 new seats required at the Stadium. 15. 153: Approving an increase in the mileage reimbursement rate for business driving from 216 to 22.56 per mile to match the increase established by the Internal Revenue Service. 16. 175/123: Approving Amendment No. 1 to the California-Oregon Transmission Project Agreement between the Cities of Anaheim, Azusa, Banning, Colton, Riverside and Vernon, allowing these cities to transfer their rights and interests, at their option, to the Southern California Edison Company as part of a potential settlement agreement. 17. Authorizing the City's continued participation in the Orange County Hazardous Waste Joint Powers Authority and appropriating $909 from the Council Contingency Fund for Anaheim's share of the 1988 membership fee for Regional Hazardous Waste Joint Powers Authority. 18. 175/123: Approving the Non-Disclosure Agreement between the City and Southern California Edison Company relatin6 to Western System Power Pool (WSPP) Programs, and authorizing the Public Utilities General Manager to execute same. 19. 175: RESOLUTION NO. 88R-8: A RES0LUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (Mc CALLA BROTHERS - in the amount of $64,546, for construction of Linda Vista 555 Zone Pump Station, Pump Rehabilitation; Account No. 53-620-6329-09513) 20. 150: RESOLUTION NO. 88R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (ARTISTIC LANDSCAPE - in the amount of $559,875.95, for Imperial Park General Development; Account Nos. 16-843-7103 and 47-792-6325-E2460) 23 203 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. 21. 175: RESOLUTION NO. 88R-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SPEAR PIPELINE CONSTRUCTION - in the amount of $156,975 for construction of meter and lifeline assemblies, vaults and appurtenances; Account No. 52-606-6329-02853) 22. 175/123/137: Approving letter agreements to employ Mudge Rose Guthrie Alexander & Ferdon, and Rourke and Woodruff as Co-Bond Counsel regarding the sale of Water Revenue Bonds, 1988 Series. 175/123/137: Approving a letter agreement with James J. Lowrey & Company Inc. as Financial Advisor to the City regarding the sale of Water Revenue Bonds, 1988 Series. 23. 123: Authorizing an agreement with Ferrelgas for dispensing of propane to service contractors at the Convention Center. 24. 123: Authorizing an agreement with August International Corporation for pre-admission reviews as part of the City's health plan. Roll Call Vote on Resolution Nos. 88R-8 through 88R-10: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Resolution No. 88R-8 through 88R-10, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 106/129: DEPARTMENTAL RESOURCE ALLOCATION PLAN ADJUSTMENT: Appropriating $43,300 from certain unbudgeted CAL/OSHA funds previously collected to Account No. 01-202-6701, to be used for lease payments associated with the relocation of the Fire Prevention Bureau. City Manager, Bob Simpson, withdrew the item indicating that it will be rescheduled at a later date. 175: SALE OF $5 MILLION DOLLAR WATER REVENUE BONDS, 1988 SERIES: Authorizing the issuance of the bonds and accepting a bid for the purchase of the bonds and taking certain related actions. Submitted was report dated January 12, 1988 from the Public Utilities General Manager, Gordon Hoyt, recommending that the City Council adopt the proposed resolution regarding the subject. General Manager, Gordon Hoyt. The low bid was received from Bateman Eichler, Hill Richards at a true interest cost of 7.376521%. The Department's Financial A~visor, James J. Lowrey, has confirmed that the Bateman bid represents the best of the nine bids submitted by bid closing time this morning. Mr. Hoyt then introduced all those who were present in the Chamber audience who were involved in the bond sale, which included representatives of Bond Counsel, Financial Advisors and City staff. 24 204 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. Mr. Michael Jeffrard, Financial Advisor, James J. Lowrey Company, stated it was his pleasure to recommend to the Council that they accept the bid of Bateman Eichler, Hill Richards. It was a very competitive bid which is a tribute to the fine job the Utility Department has done over the years and the respect with which the Department and the City are held in the financial markets. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. $8R-11 and $8R-12) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution Nos. 88R-11 and 88R-12 for adoption, as recommended in memorandum dated January 12, 1988, from the Public Utilities General Manager. Refer to Resolution Book. RESOLUTION NO. 88R-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $5,000,000 WATER REVENUE BONDS, 1988 SERIES, OF THE CITY AND PROVIDING THE TERMS AND CONDITIONS OF SUCH BONDS. RESOLUTION NO. 88R-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ACCEPTING A BID FOR THE PURCHASE OF ITS $5,000,000 WATER REVENUE BONDS, 1988 SERIES; REJECTING ALL OTHER BIDS; APPROVING THE FORM OF THE OFFICIAL STATEMENT; AND TAKING CERTAIN RELATED ACTION. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-11 and 88R-12 duly passed and adopted. 170: Tentative Map of Tract No. 13130: Submitted by Philip W. Ganong, et al., owner; to establish a 10-lot, 8-unit RS-5000 zone single-family subdivision at 6000 North Kellogg Drive. The City Planning Commission approved Tentative Map of Tract No. 13130 at the meeting held January 14, 1988. No action taken by Council. 168: REQUEST TO RENAME ROMNEYA DRIVE "KARCHER WAY": Request to rename Romneya Drive between Lemon Street and Harbor Boulevard to "Karcher Way". This matter was discussed and continued from the meeting of November 10, 1987, to this date (see minutes that date). City Clerk, Leonora N. Sohl, announced that letter dated December 24, 1987 was received from Mr. Shot, Director of Site Development, Carl Karcher Enterprises, withdrawing the request for the street name change. No further action was taken by the Council. 25 201 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. 179: REQUEST TO CONSIDER A NEW OUTDOOR SIGN ORDINANCE - REGENCY OUTDOOR ADVERTISING: Request submitted by Floyd L. Farano on behalf of Regency Outdoor Advertising, Inc. to consider a new outdoor sign ordinance (billboards). This matter was discussed at a continued from the meetings of December 8 and December 15, 1987, to this date (see minutes those dates). COUNCIL COMMENTS/CONCERNS/INPUT: Mayor Bay referred to all of the documentation submitted by staff when the matter was previously considered by the Council as well as the new information submitted as requested by the Council at the meeting of December 15, 1987 (see staff report dated January 5, 1988 from the Planning Department - freeway oriented billboards with attachments). The matter is still on a discussion level between the Council until and if the Council decides to direct staff to draft an ordinance changing the controls and limitations. When a proposed ordinance is offered for first reading, he would suggest that it then be open to public input. At the second reading, it will be open to public input. Otherwise it is open to citizen comment at any meeting under the items of public interest portion of the agenda. Councilman Pickler. He would like the Council to go on record that if the majority decides to change the ordinance, a public hearing be set prior to having staff draft an ordinance. He feels it is necessary to get input from the applicant and ail other companies in the same business as well as the public at large. Throughout discussion of the issue, he reiterated and emphasized his concern and request that a public hearing be held prior to any action on the matter, even before a draft ordinance is prepared, should that be the Council's decision. Councilman Hunter. He emphasized, as he did at the meeting of December 15, 1987, that there was a need for the current 29-year old billboard ordinance to be revised, that there be some type of billboard reform and a need to freeze billboards that are now proliferating in the City because of inaction for too many years on the issue. It is time to adopt an ordinance that reduces billboards at intersections in the City as well as to reduce the size and height of these boards. It is time to have an ordinance giving first right of refusal to local advertising in Anaheim. If it is necessary to build 8 or 10 additional freeway boards in industrial areas only, then that should be done. More revenue should be realized from billboards that are not now being collected. MOTION: Councilwoman Kaywood moved that all future billboards in the City of Anaheim be by conditional use permit only. Councilman Bay seconded the motion for purposes of discussion. After Council discussion on the motion, Councilman Pickler moved to table the motion. Councilman Hunter seconded the motion. MOTION CARRIED. MOTION: Councilwoman Kaywood moved that Council set revised business license fees for all billboards in the City of Anaheim. Councilman Hunter seconded the motion. MOTION CARRIED. 26 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. Following additional Council input and discussion on the overall issue, the matter was trailed until later in the meeting. (3:02 p.m.) Later in the meeting (4:39 p.m.), Council discussion continued and expanded relative to billboards with regard to the issues the Council would like addressed or considered in the drafting of a revised billboard ordinance. The following additional actions were a result of extensive Council discussion: The following motion, tabled earlier in the meeting was voted upon at this time: MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, that all iuture billboards in the City of Anaheim be by conditional use permit only. MOTION CARRIED UNANIMOUSLY. MOTION: On motion by Councilman Bay, seconded by Councilwoman Kaywood, that a "sunset clause" be incorporated setting up termination dates when billboards must be taken down. MOTION CARRIED UNANIMOUSLY. MOTION: On motion by Councilman Bay, seconded by Councilman Hunter, that freeway billboards may be allowed but limited to commercially and industrially zoned areas; none to be allowed in areas that have been landscaped and not within so many feet of residential. Council Members Kaywood and Pickler voted no. MOTION CARRIED. MOTION: On motion by Councilman Ehrle, seconded by Councilman Hunter, to determine a way to reduce the maximum number of billboards currently allowed at intersections from 8 to at least a maximum of 4. MOTION CARRIED UNANIMOUSLY. MOTION: On motion by Councilman Pickler, seconded by Councilman Hunter, that the City Attorney investigate the possibility of limiting the number of freeway signs which may be allowed to three per company. Council Members Ehrle and Bay voted no. MOTION CARRIED. Councilman Ehrle. He also felt that the distance between signs as discussed previously ought to be 1,000 feet instead of 500 feet and asked staff to look at that possibility. The question of standards also arose. City Attorney White explained when the issue came up previously there were a number of areas where there was no disagreement between any of the people who spoke relating to standards. Unless he gets a different direction, he will incorporate similar types standards that were proposed the last time the billboard issue was considered. The only reason, it will give the Council a document to focus on in their discussion. He does not see anything at this time where more direction is needed. He would anticipate initially drafting a document and subsequently giving it to the Planning Department for .their review and comments. Based upon their comments back to him, he would then finalize the document and submit it to the Council as a draft. 27 199 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. Councilman Pickler asked if the other agencies (billboard companies) could send a letter to the City Attorney's attention in order to get input from them. City Attorney White. He requested that this be a staff effort based upon the direction given him. He would hope that he would not be in a position where he will be getting all kinds of material from advertising companies and other parties to incorporate into a draft ordinance. He undoubtedly would get conflicting information and that would make it difficult from his standpoint. He emphasized and requested that he not receive and not be directed to incorporate material external to what the Council has given him. When he submits that to the Council, input can be received and changes made at that time. Rather than receiving the draft ordinance at a public hearing, as suggested by Councilwoman Kaywood, he recommended that after he has drafted the ordinance, that he submit it to the Council under his portion of a Council agenda or under the Unfinished Business portion. At that time, the Council can then determine what they wish to do. 176: CONTINUED PUBLIC HEARING, ABANDONMENT NO. 87-13A: In accordance with application filed by Tice Engineering Services, public hearing was held on proposed abandonment of a portion of an existing fire access easement on the south side of Nohl Ranch Road, west of Anaheim Hills Road, pursuant to Resolution No. 87R-456, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated October 26, 1987 was submitted recommending approval of said abandonment, subject to the filing of a Parcel Map. At the public hearing of December 1, 1987, questions were posed by a representative of the Anaheim Hills Master Association and subsequently the public hearing was continued to this date. City Clerk Sohl announced that the Real Property Division had been in contact with the Master Association and reported that their concerns have now been answered. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Bay, seconded by Councilman Hunter, the City Council ratified the determination of the City Engineer that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-13) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 28 2OO City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. Councilman Bay offered Resolution No. 88R-13 for adoption, approving Abandonment No. 87-13A, subject to the conditions of the City Engineer. to Resolution Book. Refer RESOLUTION NO. 88R-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF AN EXISTING FIRE ACCESS EASEMENT ON THE SOUTH SIDE OF NOHL RANCH ROAD, WEST OF ANAHEIM HILLS ROAD. (87-13A) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-13 duly passed and adopted. 179: PUBLIC HEARING CONDITIONAL USE PERMIT NO. 2963: APPLICANT: Sigmund J. and Gloria M. Sliwoski (Games Plus), 480 Canyon Ridge Drive Anaheim, Ca. 92807 REQUEST/ZONING/LOCATION: To permit on-sale beer in an existing billiard parlor and amusement arcade on CL zoned property located at 3242 West Lincoln Avenue, with Code waivers of minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC87-239 granted Conditional Use Permit No. 2963 for one year including an age restriction that no one under the age of 21 shall be admitted; approved EIR - Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 1, 1987, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 31, 1987. Posting of property December 31, 1987. Mailing to property owners within 300 feet - December 31, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 9, 1987. COUNCIL CONCERNS: Councilwoman Kaywood. She is concerned with the request for sale of beer and with the problems that have been experienced at the facility in the past, with the businesses effect on the apartments in the neighborhood as well as the other businesses in the center and the long list of police activity and complaints relating to the business. Problems and complaints stopped after the sale of beer had ceased. 29 197 City Hall, Anaheim, California - COUNCIL'MINUTES - January 12, 1988, 1:30 P.M. APPLICANT'S STATEMENT: Rodolfo Montejano, Attorney, 856 North Ross, Santa Aha, representing the applicant, referred to a letter previously submitted signed by all the business owners in the center except one, stating that Games Plus is an asset to the center and should be allowed to sell beer in their establishment. The record will show that at least since January of 1987 the problems previously experienced were substantially abated or eliminated through the efforts of the owners and Mr. & Mrs. Peters. They seem to have good support from the businesses and little opposition or problems with the neighboring residents. The Planning Commission had a full hearing on the matter and are satisfied that there are no more problems involved. Regarding the age limitation of 21 as imposed by the Planning Commission, they are ready to live with that if necessary. However, they do not want to create a situation where the business will become a beer bar. It is a family billiard parlor which encourages patronage by other than those who want to drink beer. If it is limited to 21 years of age and over it will eliminate a portion of their clientele and their desire to run a family-oriented operation. He asked that the Council consider this in their decision. Mayor Bay. The Planning Commission decided if Games Plus wants to sell beer they cannot have minors in the establishment; if they want to have minors they cannot sell beer. Past reports have reflected that when the sale of beer was stopped, the problems decreased. It is staff's opinion and his opinion as well that the business cannot have both - the sale of beer and allowing patronage under 21. John Poole, Code Enforcement Supervisor. Very few problems have been experienced at the business since the conditional use permit for the sale of beer was terminated. His position and that of the Police Department is that the permit should be denied at this time. There had been a history of problems in the facility and those did not go away until such time as the permit was pulled. It is a matter of management. By issuing the permit today he feels the problems will again arise. He also reported on the findings of a Code Enforcement Officer who recently surveyed the area around Games Plus. Their first recommendation is that the permit not be allowed but, if approved, that patronage be restricted to 21 years of age. Sergeant Steve Rodig, Vice Detail, Anaheim Police Department. He relayed all the incidents that had taken place at the business from January 10, 1986 through the time when, after hearings before an arbitrator, the conditional use permit was denied in approximately June of 1987. When alcohol was no longer sold, the Anaheim Police Department documented only three 3O ]98 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. incidences of criminal activity. It is the Police Department's recommendation that the conditional use permit be denied based on the fact that it is obvious problems in and around Games Plus have decreased considerably since the conditional use permit to sell alcohol was denied in 1987. Councilman Pickier. The Planning Commission approved the conditional use permit if the patronage is limited to 21 years of age and over and he is going to go along with that age limit. He also requested that the Code Enforcement Supervisor keep close surveillance on the operation and report on any problems even before the one year time limit. Mr. Montejano. He had another question relative to Condition No. 1 that all driveways shall be reconstructed to accommodate 10-foot radius curb returns and that any existing broken or cracked driveways be removed and/or replaced. They presently already have a 30-foot entryway off Lincoln and two 25-foot entryways on the side street and a 20-foot entryway through the back alley. They are wondering if the condition should apply at this point. Annika Santalahti, Zoning Administrator. Typically the Traffic Engineer asks for that on reconstruction and new driveways on arterial highways so that people can more efficiently make a turn without going over the curbing. In this case, she would expect the requirement only to be on Lincoln Avenue but that replacement and/or removal of broken or cracked driveways would pertain to all the driveways. Mr. Montejano. He is under the impression it involves the driveways on Lincoln and Westchester. Councilman Pickler. He asked if it involved just the driveways on Lincoln and repair or replacement on the other driveways if necessary if there would be any problem. Mr. Montejano. He answered that would not be a problem. Also, relative to Condition No. 3 regarding shielding roof-mounted equipment from view and that there be sound buffering from adjacent residents, that is already being done. The only sound would be the air-conditioning equipment; Ms. Santalahti explained that is a standard condition and when properly screened there is no problem with sound. PUBLIC DISCUSSION- IN FAVOR: Sigmund Sliwoski. He is and has been the present owner of the shopping center for 31 195 City Hall, Anaheim, California - COUNCIL MINUTES - January 12~ 1988, 1:30 P.M. about one and one-half years. He has tried to comply with the City and particularly Code Enforcement. He has done everything possible to upgrade and approve the appearance of the center. There are a large number of apartments in the area and many young people wander through the center. He has not heard that much about police problems. It could be possible that those have occurred in the past. He is speaking for the whole center. It has changed dramatically for the better even before Games Plus was not allowed to serve beer. Pauline Peters. She presently owns Games Plus with her husband. They bought it five years ago. During the three and a half months the other owner had the business was when the problem started. Relative to the age restriction of 21, there are couples who come to the business with small babies who will now not be allowed into the establishment as well as those who are 21 but who have dates who are less than 21. If restricted to 21, they may as well not open until 6:00 p.m. or 7:00 p.m. at night. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood. She understands the dilemma faced by the Peters but the only way she could agree to continue the use with beer and for a one year time limit would be without having minors in the business. She did not want to see the same problems occurring that took place in the past. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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. 88R-14) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickier offered Resolution No. 88R-14 for adoption, granting Conditional Use Permit No. 2963, subject to City Planning Commission conditions including the one year time limit and 21 years of age or over and that relative to Condition No. 1, that the driveway on Lincoln Avenue only 32 196 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. shall be reconstructed to accommodate the 10-foot radius curb returns but that all existing broken or cracked driveways shall be removed and replaced. Refer to Resolution Book. RESOLUTION NO. 88R-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2963. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-14 duly passed and adopted. Before concluding, City Attorney White clarified for Mayor Bay that the Conditional Use Permit is to allow the sale of beer at the existing billiard parlor. They are not obligated to exercise the permit. The owners can choose not to serve beer and the facility can then be opened to anyone of any age. If they choose to serve beer, they will then have to abide by all of the conditions of the Conditional Use Permit, one of which is the 21 years of age or over limitation. 179: PUBLIC HEARING CONDITIONAL USE PERMIT NO. 2953: APPLICANT: F.J. Hanshaw Enterprises, Inc. et al. 1092 Westminster Avenue Garden Grove, Ca. 92643 REQUEST/ZONING/LOCATION: To permit a 672 square foot billboard on CL zoned property located at 1112 North Brookhurst Street, with code waiver of maximum height (denied). PLANNING COMMISSION ACTION: Resolution No. PC87-234 granted Conditional Use Permit No. 2953, in part; approved EIR - Negative Declaration. HEARING SET ON: The decision of the Planning Commission was appealed by the applicant. PUBLIC NOTICE REQUIREMENTS MET BY; Publication in Anaheim Bulletin December 31, 1987. Posting of property December 31, 1987. Mailing to property owners within 300 feet - December 31, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 9, 1987. APPLICANT'S STATEMENT: Richard Wannenmacher, Agent, representing Patrick Media, 1550 West Washington Boulevard, Los Angeles,b Ca. 90015. On November 5, 1987 the Planning Commission approved the project but denied the height waiver of the billboard which was something they could live with as well as other conditions. 33 193 City Hall, An-heim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. Condition No. 2, however, is causing the difficulty requiring the owner to dedicate square footage along the street frontage which would result in a severe financial burden. It is unduly burdensome and they are requesting that the condition be waived. Councilman Pickler. He assumed if the Council does not grant relief on the dedication of the 12 feet necessary since this may be designated a critical intersection, they will not install the billboard. Mr. Wannenmacher stated that would probably be a correct assumption. Annika Santalahti, Zoning Administrator. This is a valid billboard location. The reason that it went to the Planning Commission is because the billboard request is over 300 square feet. If they were proposing a 300 square-foot sign it would be legitimate request. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Francis Nutto, 621 Jambalaya. He asked the Council to give serious consideration to denying the permit request. If they approved the request, he asked that they consider a sunset clause giving them five years subject to a recorded agreement that they will remove the billboard at no cost to the City at any time. SUMMATION BY APPLICANT: Richard Wannenmacher. They are only appealing the condition relating to street dedication but can live with ali of the other conditions imposed. Mayor Bay. The appeal was made primarily on street dedication; however, he is not going to vote approval of a billboard at the subject location because the Council is now in the midst of discussions relative to changing the billboard ordinance and the least that should come out of those discussions is that any billboards that do go up will not go up forever. He also expressed his concerns relative to traffic and circulation on that corner at the present time. Councilman Hunter. He felt this case was a prime example of the fact that if the request had come in at another time before the billboard issue had been brought up, there would be another billboard on that coriler. 34 .94 City Hall, A~aheim, California - COUNCIL'MINUTES - January 12, 1988, 1:30 P.M. Mayor Bay. He is going to offer a resolution denying Conditional Use Permit No. 2953, reversing the findings of the City Planning Commlssion even though they granted it in part. City Attorney White. The only requirement in this case is that the decision of the Council whether to approve or deny, be based upon evidence in the record to support the findings required by Code and the Code requires, in order to grant a CUP, that it be found that the use is compatible with other uses in the area and not detrimental to the public peace, health, safety and general welfare. The Council may wish to find that those conditions do not exist and deny the permit based on those findings. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, 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. 88R-15) Councilman Bay moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-15 for adoption, denying Conditional Use Permit No. 2953, with the findings as articulated by the City Attorney. Refer to Resolution Book. RESOLUTION NO. 88R-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PF/tMIT NO. 2953. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: EArle, Hunter~ Kaywood~ Pickler and Bay None None The Mayor declared Resolution No. 88R-15 duly passed and adopted. Before concluding, Councilwoman Kaywood pointed out that it is the waiver of maximum height that was denied. She asked if that means a 300-foot sign could then go in by right. Annika Santalahti answered yes and confirmed that if 300 square feet it will not require a conditional use permit, it can go in automatically and there is no sunsetting. 35 191 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. RECESS: By general consent, the Council recessed for ten minutes. (4:21 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:39 p.m.) 106: RECOMMENDATIONS FOR BALANCING THE FISCAL YEAR 1987/88 RESOURCE ALLOCATION PLAN: Councilman Pickier moved to adopt the recommendations as proposed by the City Manager to balance the Fiscal Year 1987/88 Resource Allocation Plan as listed in document entitled - 1987/88 Resource Allocation Plan - balancing status as of November 30, 1987 as follows: Additional Transient Occupancy Tax Additional Sales Taxes Additional Building Permit Fees Decreased Recreation Fees and Rentals Decreased Fines and Forefeitures Additional Interest Earnings $550,000 250,000 150,000 (50,000) (2OO,OOO) 145,000 Revenues: $845,000 Reduced Management Salaries Decreased Contract Legal Services Decreased Liability Claims Expenses Salary Savings Due to Vacant Positions Reduced Travel and Training Expenses Street Lighting Power Costs 278,000 200,000 171,000 i,087,000 i06,000 106,000 Expenditures Budget Modifications 1,948,000 2,793,000 Transient Occupancy Tax 2% Differential Total Available Resources 2,529,000 5,322,000 (5,735,300) ($413,300) Hilton Net Debt Service Payments Differential to Come From General Benefits Reserves Councilwoman Kaywood seconded the motion. Before a vote was taken, Mayor Bay asked if there is still potential of any other actions that could still balance out the $413,000 from any changes, for example, some of the proposals made by the Fire Department which were never put into effect. City Manager Simpson confirmed that correct, but it will not be in effect for the full year. The savings they will accumulate from the City Manager's Office were not included in that. A vote was then taken on the foregoing motion. MOTION CARRIED UNANIMOUSLY. 36 192 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. 155/142: ORDINANCE NO. 4893: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 4893) Councilman Bay moved to waive the reading in full of the ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Bay offered Ordinance No. 4893 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4893: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.04.150 TO CHAPTER 1.04, AND AMENDING SECTION 1.04.160 OF CHAPTER 1.04 OF TITLA 1, AND AMENDING THE DEFINITIONS OF "PLANNING DEPARTMENT" AND "PLANNING DIRECTOR" AS SET FORTH IN SECTION 18.01.170 OF CHAPTER 18.01 OF TITLE 18 OF THE ~NAHEIMMUNICIPAL CODE RELATING TO OFFICERS AND DEPARTMENTS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4893 duly passed and adopted. 179: ORDINANCE NO. 4894: On motion by Councilman Bay, seconded by Councilman Hunter, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, January 8, 1988, at 3:00 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. MOTION CARRIED. Councilman Bay offered Ordinance No. 4894 for first reading. ORDINANCE NO. 4894: 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, Reclass. 87-88-22, CL, 1780-1786 W. Lincoln Avenue) ITEMS OF PUBLIC INTEREST: Francis Nutto, 621 Jambalaya Street, Anaheim, Ca. 92806. He congratulated the 6ouncil for expressing its desire to encourage the elimination of billboards in Anaheim. The billboard issue previously presented to the Council and discussed earlier in the meeting was sponsored by Regency Outdoor Advertising. He asked if the Council was going to enforce the regulation against the two Regency billboards on the east side of the Orange freeway south of Ball Road, requiring that there be removal of non-conforming billboards within five years after annexation. The two boards were erected while under County jurisdiction and time has or will be expiring. He feels it is an appropriate time for the Council to look into the matter. Bill Erickson, 301 East North Street, Anaheim, Ca. 92805. He referred to the tribute given to retiring members of the City's Fire Department by Bob Hirst 37 189 City Hall, Anaheim, California - COUNCIL MINUTES - January 12, 1988, 1:30 P.M. of the Anaheim Fire Association on January 5, 1988. He than expanded on that tribute and on the accomplishments and good work of the City's fire personnel. RECESS - CLOSED SESSION: Councilman Bay moved to recess into Closed Session to discuss the balance of the items previously presented by the City Attorney. Councilwoman Kmywood seconded the motion. MOTION CARRIED. (5:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:34 p.m.) ADJOURNMENT: Councilman Pickier moved to adjourn. Councilman Hunter seconded the motion. MOTION CARRIED. (6:35 p.m.) LEONORA N. SOHL, CITY CLERK 38